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owner, and recover of him the cost of such removal, and the fence material may be sold to satisfy the judgment.
ERECTION AND MAINTENANCE OF BRIDGES.
Section 2711. Bridges, how maintained, and by whom.
2712. When aid may be given by county for bridge.
Maintenance of public bridges.
2711. All public bridges, not otherwise specially provided for, are maintained by the road district in which they are situate, the districts which they unite, and the county at large, in the same manner as highways, and under the man. agement and control of the Road Overseer and the Board of Supervisors, the expense of constructing, maintaining, and repairing the same being primarily payable out of the Road Fund of the district in the hands of the County Treasurer, and from road taxes.
2712. Whenever it appears to the Board of Supervisors ary power.
that any road district is or would be unreasonably burdened by the expense of constructing, or of the maintenance and repair of any bridge, or the purchase of toll roads, they may, in their discretion, cause a portion of the aggregate cost or expense to be paid out of the General Road Fund of the county; or by vote of two thirds of the Board of Supervisors said Board may, in their discretion, order a portion of the cost of construction of bridges only to be paid out of the County General Fund, as well as the General Road Fund.
2713. No bridge, the cost of construction or repair of of bridges. which will exceed the sum of two hundred dollars, must be
constructed or repaired except on the order of the Board of Supervisors. When ordered to be constructed or repaired, the contract therefor may, in their discretion, be let out, and if let, it must be after reasonable notice given by the Board of Supervisors, by publication at least once a week for two weeks in a county newspaper; and if no paper is published in said county, then by three posted notices, one at the Court House, one at the point to be bridged, and one at some other neighboring place in the county. All bids shall be sealed; they shall be opened at the time specified in the notice, and the contract awarded to the lowest responsible bidder. The Board may, however, reject any and all bids. The contract and bond for its performance must be entered into and approved by the Board of Supervisors; except, however, in cases of great emergency, by the unanimous consent of the whole Board they may proceed at once to replace or repair any and all structures, of whatever nature, without notice. Bridges crossing the line between counties must be constructed by the counties into which such bridges reach, and each of the counties into which any such bridge reaches shall pay such portion of the cost of such bridge as shall
have been previously agreed upon by the Boards of Supervisors of said counties.
2714. If the Road Overseer of one district, after five Bridges days' notice from the Overseer of an adjoining district to aid in the repair of a bridge in which each are interested, fails lines, so to aid, the one giving notice may make the necessary repairs, and must be allowed a pro rata compensation therefor by the Board of Supervisors out of the Road Fund of the defaulting district. ' Bridges crossing the line between cities and towns and road districts, must be constructed and maintained, and the expenses thereof borne equally by the cities or towns from the Road Fund of the road districts into which such bridges reach.
2715. If the Overseer of any road district, chargeable with failure of the repair of a bridge, fails to make the needed repairs, after make being informed that a bridge is impassable or unsafe, and is repairs. requested to make the same by two or more freeholders of the district in which it is situate, or the two districts which it unites, the freeholders may represent the facts to the Board of Supervisors, who, upon being satisfied that the bridge is unsafe, must cause the same to be repaired, and must pay therefor from the funds of the district chargeable therewith, or, if deemed necessary, from the General Road Fund.
2716. The Supervisors may appoint, semi-annually, a special special meeting, at which the Road Overseers, on days set complaints apart for their respective districts, must be present; and and reports. at such special meetings, so appointed, the Supervisors must hear highway and bridge reports and complaints from officers and citizens; after which such orders must be made and such action had regarding the same as the public welfare demands.
OBSTRUCTIONS AND INJURIES TO HIGHWAY8.
SECTION 2731. Removal of encroachments.
2732. Notice to remove encroachments.
2744. Service of notice by publication on non-residents. 2731. If any highway duly laid out or erected is encroached Removal." upon by fences, buildings, or otherwise, the Road Overseer of ments. the district may, orally or in writing, require the encroachment to be removed from the highway.
2732. Notice must be given to the occupant or owner of Shoreach the land, or person causing or owning the encroachment, or ment, left at his place of residence, if he be known to the person giving such notice, and reside in the county, if not, it must be posted on the encroachment, specifying the breadth of
Suit to remove
Gates on highway
the highway, the place and extent of the encroachment, and
requiring him to remove the same within ten days. Penalty 2733. "If the encroachment is not removed, or commenced
to be removed, and diligently prosecuted prior to the expiration of the ten days from the service or posting the notice, the one who caused, owns, or controls the encroachment forfeits ten dollars for each day the same continues unremoved. If the encroachment is such as to effectually obstruct and prevent the use of the road for vehicles, the Overseer must forth with remove the same.
2734. If the encroachment is denied, and the owner, occupant, or person controlling the matter or thing charged with being an encroachment, refuses either to remove or permit the removal thereof, the Road Overseer must commence in the proper Court an action to abate the same as a nuisance ; and if he recovers judgment, he may, in addition to having the same abated, recover ten dollars for every day such nuisance remained after notice, and also his costs in said action.
2735. If the encroachment is not denied, but is not may remoso. removed for five days after the notice is complete, the Road
Overseer may remove the same at the expense of the owner, occupant, or person controlling the same, and recover his costs and expenses, as also for each day the same remained after notice was complete, the sum of ten dollars, in an action for that purpose.
2736. No gates must be allowed on any public highway except such as are allowed by the Board of Supervisors, in accordance with the provisions of subdivision eleven, section two thousand six hundred and forty-three, and when so allowed they must be maintained at the expense of the owner or occupant at whose request or for whose benefit they were erected. If such expense is not paid, the gate inust be removed as an obstruction. Any one who leaves open such gate, or willfully and unnecessarily rides over ground adjoining the road on which the gate is erected, forfeits to the injured party treble damages.
2737. Whoever obstructs or injures any highway, or responsible diverts any watercourse thereon, or drains water from his Hoover land upon any highway, to the injury thereof, by means of damages,
ditches or dams, is liable to a penalty of ten dollars for each day such obstruction or injury remains, and must be pun. ished as provided in section five hundred and eighty-eight of the Penal Code. Any person, persons, or corporation who shall be storing or distributing water for any purpose, and shall permit the water to overflow or saturate by seepage any highway, to the injury thereof, shall, upon notification of the Road Overseer of the district where such overflow or seepage occurs, repair the damages occasioned by such over. flow or seepage; and should such repair not be made within a reasonable time by such person, persons, or corporation, said Road Overseer shall make such repairs, and recover the expense thereof from such person, persons, or corporation, in an action at law. All persons excavating irrigation, inining, or drainage ditches across public highways are required to
Penalty for injuring
bridge said ditches at such crossings, and upon neglect to do so, the Road Overseer for that road district shall construct the same, and recover the cost of constructing of such persons by action, as provided in this section. And whoever Injury to willfully injures any public bridge is hereby declared to be bridgin. guilty of a misdemeanor, and is also liable for actual damages for such injury, to be recovered by the county in a civil action; provided, that every person who knowingly allows the carcass of any dead animal (which animal belonged to him at the time of its death) to be put or to remain within one hundred feet of any street, alley, public high way, or road, in common use, and every person who puts the carcass of any dead animal within one hundred feet of any street, alley, highway, or road, in common use, or who shall deposit on any highway any refuse or waste tin, sheet iron, or broken glass, is guilty of a misdemeanor.
2738. Whoever removes or injures any mile-board, or mile-stone, or guide-post, or any inscription on such, erected guideposts
, on any highway, is liable to a penalty of ten dollars for every stones such offense, and punishable as provided in section five hundred and ninety of the Penal Code. It shall be the duty of the Board of Supervisors to cause guide-posts, with suitable inscriptions thereon, to be erected at all road crossings and forks of roads outside of any corporate limits.
2739. Any person may notify the occupant or owner of penalty any land from which a tree or other obstruction has fallen removing upon any highway, to remove such tree or obstruction forth- obstructions. with. If it is not so removed, the owner or occupant is liable to a penalty of one dollar for every day thereafter till it is removed, and the cost of removal.
2740. Whoever cuts down a tree so that it falls into any highway, must forth with remove the same, and is liable to a penalty of ten dollars for every day the same remains in such highway.
2741. Road Overseers must, when ordered by the Board Driving over of Supervisors so to do, put up on bridges under their charge notices that there is “five dollars fine for riding or driving on this bridge faster than a walk.” Whoever thereafter rides or drives faster than a walk on such bridge is liable to pay five dollars for each offense. 2742. Whoever digs up, cuts down, or otherwise mali- Injury of ciously injures or destroys any shade or ornamental tree on trees. any highway, unless the same is deemed an obstruction by the Road Overseer, and removed under his direction, forfeits one hundred dollars for each such tree.
2743. All penalties or forfeitures given in this chapter, and Board not otherwise provided for, must be recovered by the Road to collect Overseer or Commissioner of the respective road districts by
penalties. suit in the name of the county in which said road district is situated, and be paid into the Road Fund of his district.
2744. When notice is required to be served upon nonresident land owners under any of the provisions of this Act, residents such notice shall be deemed to have been served by publication, as authorized by the Board of Supervisors, and for all purposes, non-resident land owners upon whom personal
Removal of tre(8.
Repeal of all laws in
exemption of certain property from roast tax.
service cannot be made within the county, shall be treated as non-consenting land owners.
SEC. 2. All laws concerning roads and highways in conconflict , and flict with this Act, and all laws applicable to particular
counties of this State concerning roads and highways, are hereby repealed; provided, that any proceedings commenced before this Act takes effect, for the alteration, establishment, or abandonment of any road or highway, may be conducted under the provisions of the law under which said proceedings were commenced; provided further, that nothing herein contained shall be deemed to authorize the levy or collection of a road poll tax, or property road tax, within municipalities existing under the laws of this State, wherein work and improvements upon the streets is done by virtue of any law relating to street work and improvements within such municipality. Nor shall any such incorporated city or towns be by the Supervisors of the county included or embraced in any road district by them established under this Act.
An Act to prevent the sale or disposition, as butter, of the sub
stance known as “ oleomargarine," or " oleomargarine butter;", and when “oleomargarine,” or “oleomargarine butter," is sold or disposed of, requiring notice thereof to be given.
[Approved March 1, 1883.)
The People of the State of California, represented in Senate and
Assembly, do enact as follows:
Every pack. age must be branded.
SECTION 1. Every person or corporation who shall manufacture for sale, or who shall offer or expose for sale, any article or substance in semblance of butter, not the legitimate product of the dairy, and not made exclusively of milk or cream, or into which the oil or fat of animals, not produced from milk, enters as a component part, or into which the oil or fat of animals not produced from milk has been introduced to take the place of cream, shall distinctly stamp, brand, or mark in some conspicuous place upon every pack age of such article or substance the word "oleomargarine in plain letters, not less than one fourth of one inch square each; and in case of retail sale of such article or substance in parcels or otherwise, the seller shall, in all cases, deliver therewith to the purchaser a printed label, bearing the plainly printed word “oleomargarine," the said word to be printed with type each letter of which shall not be less than one fourth of one inch square.
Sec. 2. Every person dealing, whether by wholesale or retail, in the article or substance described in section one of this Act, and every hotel or restaurant keeper, or boarding house keeper, in whose hotel, or restaurant, or boarding house
Printed notice to be posted.