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SEC. 6. Upon the day fixed by the Board of Supervisors testone for the return of said report, and the hearing thereof, which ing petition. the Board may, from time to time, continue, the Board of Supervisors shall proceed to consider all the matters touching the original petition for the location, alteration, or vacation of any road, and all subsequent proceedings had thereon, in connection with the report of the Viewers on file, and such evidence as parties interested may introduce touching the same; but no evidence shall be taken at this time concerning damages, unless the parties so claiming damages have strictly complied with the provisions of section four of this Act, and if, in the opinion of said Board, the public good and convenience require that the proposed location, alteration, or vacation, should be established, it shall confirm the report thereon, in whole or in part, as it may deem advisable, and establish said location, alteration, or vacation, or as much thereof as it may deem advisable, as a public highway, either absolutely or upon conditions; when so established absolutely, the damages awarded, and the costs which have accrued, shall be paid out of the Road Fund of the district or districts through which said road is or is proposed to be located, and the said Board shall order warrants drawn accordingly. If there shall not, at the time, be sufficient money in such Road Fund or Funds to pay said warrants, then the petitioners shall pay or tender to the party or parties to whom damages have been awarded in said proceedings, the amount of such damages, and take in lieu thereof a warrant or warrants drawn on the Road Fund or Funds of said district or districts through which said road runs, or is to run. When, in the opinion of the Board, such proposed location or alteration is not of such public importance or necessity as to warrant them in directing such damages and costs to be paid from such Road Funds, absolutely, they may establish such location or alteration conditionally, upon the payment, by one or all of the petitioners, of all or any part of the damages awarded, or the costs which have accrued or may thereafter accrue in the opening of and establishing of such location or alteration, and the Board may, in cases where it appears that such location is designed principally for the accommodation of a limited number of persons, establish the same, upon condition that the petitioners, or any of them, shall pay all costs and damages resulting therefrom, and upon condition that the persons most directly interested in such location or alteration shall open, maintain, and keep the same in repair at their own expense; and, in such cases, may also provide that gates and openings on the route of said road may be established for the accommodation and as the best interests of the parties interested may require. If, in the opinion of the Board, the proposed location, alteration, or vacation is not necessary for the public good, or is not of sufficient importance to warrant the action asked for, it may refuse to confirm the report of the Road Viewers, and may discontinue proceedings in the premises, and it shall then direct the District Attorney to collect the expenses which may have accrued during the progress of the
proceedings had in the premises upon the Board provided for in section three of this Act. Whenever any public road is established, as contemplated in this Act, it shall be recorded by the Clerk of the Board, in a book to be kept for that purpose, which book shall be called the "Road Record" of the county. Upon the final establishment of any road, and the payment or securing of the damages finally awarded, the Clerk of said Board shall, within ten days thereafter, notify the Roadmaster of the district or districts within which such road is situated of the establishment thereof, and to furnish him with a specific description of said road; and it shall be the duty of the said Roadmaster or Roadmasters to open such road within thirty days from the reception of such notice, unless, for good cause shown, the Board of Supervisors may extend the time for opening the same, except in those cases where, as above provided, such roads shall be opened by the parties petitioning therefor.
SEC. 7. If any person or persons, claiming damages on Dissatisfacaccount of the location or alteration of any road under the tion with provisions of this Act, who have complied with section four of this Act, shall be dissatisfied with the award of the Road Viewers, and cannot agree with the Board of Supervisors as to the amount of damages sustained, and shall refuse to receive the same, the Board may cause proceedings to be taken, in the name of the county, to condemn the land or lands of such person or persons, according to the provisions of Title Seven, of Part Third, of the Code of Civil Procedure, entitled "Eminent Domain; provided, that if any such proceedings the damages adjudged to any such person or persons shall not exceed the amount awarded or offered by the Board of Supervisors to him or them, the county shall have judgment for costs.
SEC. 8. No road shall be opened, or any alteration thereof Roads not made, until all claims for damages shall have been passed opened until upon and determined by the Board of Supervisors; provided, mined. that if any person, over whose lands such roads shall pass, shall fail to present his claim for damages to the Board of Supervisors within the time prescribed, said person shall be deemed to have dedicated the land over which such road shall pass to public use; and such person shall be forever barred from bringing or maintaining any action or proceeding for damages therefor, and the road shall be opened according to the provisions of this Act.
SEC. 9. Any person performing any service under the Compensaprovisions of this Act, in reference to the view, location, or survey of roads, shall receive as compensation the following per diem each, to wit: Road Surveyor, five dollars; Viewers, three dollars; Surveyor's assistants, two dollars; which sums shall be allowed by the Board of Supervisors, and paid by their order, either by the petitioners or by warrants drawn on the District Road Fund of the district in which such service was performed.
SEC. 10. At the session of the Board of Supervisors, in Road tax. each year, for levying State, county, and other taxes, the said Board shall levy upon all of the taxable property in said
Annual tax to be levied
county a tax for road purposes of not more than fifteen cents on the one hundred dollars, which sum shall be levied and collected in the same manner as other taxes; and at the session of the said Board in February of each year, the said Board shall levy upon each man between the ages of twentyone and sixty years, except Indians, a road poll tax for the year, commencing the first Monday in March succeeding the levy, which poll tax shall be collected by the Roadmaster of the proper district, in coin, as hereinafter provided, of every such person who shall within the year have resided within the State three months, and in the district ten days. All moneys received or collected for the taxes provided for in this section, shall constitute the County Road Fund, and be collected, appropriated, and distributed among the districts as hereinafter provided.
SEC. 11. The Board of Supervisors are authorized and for sinking required to levy a property tax annually, not to exceed twenty cents upon each one hundred dollars of real and personal property subject to taxation for State and county purposes, for the purpose of creating a sinking fund for the liquidation and payments of the debts known as the General and District Road Fund debts, and shall be levied and collected at the same time and manner as other State and county taxes, and paid over to the County Treasurer. Said fund shall be Payment of known as the Road Sinking Fund. Whenever there shall outstanding be an amount of money in said Road Sinking Fund of five hundred dollars or more, it shall be the duty of the County Treasurer to advertise for two successive weeks, in one weekly newspaper printed in said county, for sealed proposals for the surrender of warrants outstanding against the General and Road District Funds. The bids shall be opened by the Treasurer, in the presence of the Board of Supervisors, and the money awarded by the Board to the person offering to surrender the greatest amount of warrants for the least amount of money, and no payment shall be made of any outstanding indebtedness against said General and Road District Funds except as provided in this Act. The Board may refuse any and all bids for the surrender of warrants. In all cases the warrants shall accompany the bids; provided, that no bid shall be accepted above the par value of the warrants; and provided further, that the oldest warrants in order of registration shall in all cases have preference when the bids are equal.
SEC. 12. The Board of Supervisors, at the time of levying for general State and county taxes in the year A. D. eighteen hundred and seventy-eight, shall levy upon all the assessable property in the county a tax not exceeding twenty cents on the one hundred dollars, and annually thereafter levy a tax not exceeding twelve and one-half cents on the one hundred dollars, which shall constitute a Contingent Road Fund, and shall be at the disposal of the Board of Supervisors, and expended for general road purposes; provided, that five cents of said rate of said tax shall each year be appropriated by said Board for the maintenance of what is known as the Berryessa road.
SEC. 13. All assessments levied for road purposes shall be Misdecollected and appropriated to the payment of the expenses of the current year for road purposes, and any Supervisor or Supervisors allowing any claim in excess of said Road Fund, as estimated by the Board of Supervisors, or any Auditor auditing the same, shall be guilty of a misdemeanor, and punished accordingly; and any warrant so drawn in violation of this Act shall be void, and a sufficient cause for the removal from office of the person so offending, the vacancy to be filled as by law provided.
SEC. 14. It shall be the duty of the Board of Supervisors Board to to create in the county as many road districts as the Board create road may deem advisable, defining the same as clearly as possible, and numbering the same from one upwards, and change the boundaries of said districts whenever the Board deem such change expedient. On the last Wednesday of February, in Election of each year, there shall be elected in each road district, by the Roadmaster. qualified electors thereof, a Roadmaster, whose term of office shall commence on the first Monday in March after his election, and shall continue one year, and until the election and qualification of his successor. Notice of such election shall be given by said Board at least fifteen days before such election, by publication in a newspaper printed and published in the county, and shall specify the place within each district where the polls shall be held, and the time of holding such election. Such elections shall be conducted in all Elections; respects, the returns thereof made and canvassed, and the how conresult declared, in the same manner as provided by law for general elections; provided, that at elections provided for in this Act, it shall not be necessary to use copies of the Great Register; and the officers conducting such elections shall receive no compensation for their services; and the polls shall be opened at one o'clock P. M., and shall be kept open until sunset. No person shall be eligible to the office of Roadmaster Roadmaster who shall not be a qualified elector and tax- to be quali payer of the district; provided, that the City of Napa and etc. the Town of St. Helena shall, for the purposes of this Act, constitute separate road districts, and no election for Roadmasters shall be held in said city and town under the provisions of this Act; and the county road tax provided for in section ten of this Act, which shall be collected upon property in the City of Napa and in the Town of St. Helena, shall be paid by the Tax Collector of Napa County to the respective Treasurers of said city and town on the first Monday in each month, and shall be placed in the treasuries of said city and town respectively; and the road poll tax provided for in said sections shall be collected in said city and town by their Marshal, and paid into the treasury of said city and town; and said Marshal shall have the same power Power of of collection as is hereinafter conferred on Roadmasters. Marshal. The Roadmasters shall, within ten days after their election, qualify, and give a bond, with two or more sureties, to be approved by the County Judge, in such sum as the Board may fix. The Board of Supervisors shall fill all vacancies that may occur in the office of Roadmaster.
SEC. 15. It shall be the duty of the Roadmaster to have the care and general supervision of the public roads in his district; to maintain them in as good repair as the means at his command will permit. Each person residing in any road district, who shall desire to pay his property road tax in labor on the roads for any year, must, within the month of January or February preceding such year, give notice, in writing, to the Roadmaster of his desire and intention. The Roadmaster shall file said notice, and, at the expiration of his term, deliver all notices and other books and papers to his successor in office. Such notices shall only be given by persons owning real estate in such district, or persons leasing real estate therein for agricultural purposes. It shall be the duty of the Roadmaster to give to each person serving such notice upon him, at some time during the year, five days' notice of the time, place, and amount of work which he requires of such persons; provided, that the whole thereof shall not exceed the amount of taxes due from such person; and provided further, that the neglect of said Roadmaster to give such notice shall not exempt any person from the payment of such property road tax. Such notice given by the Roadmaster shall also specify what teams such person is expected to bring for the road service. Upon the completion of such road service to the satisfaction of the Roadmaster, he shall make out and deliver to such person a certificate for the labor performed, at the rate of two dollars per day for each man and one dollar per day for each span of horses or mules and wagon. A day's labor shall not be less than ten hours of actual labor, the time of going and returning not to be included as services performed on the highways. Making of The Roadmaster may, without the consent of the Board of Supervisors, make contracts for the grading of roads or any other necessary work upon the highways within his district; provided, no such contract shall be made when the amount will probably exceed one hundred dollars; and ten days' notice shall be given by the Roadmaster prior to the letting of any such contract, by posting four notices of the letting of the same in the district, two of which shall be posted on the place where the said contract is to be performed; which notice shall specify the time and place of letting said contract, which place shall be within the district, with necessary specifications; and said contract shall be let to the lowest responsible bidder. Said Roadmaster may and shall have the right to reject any and all bids. All payments for the fulfillment of such or any contract shall be made by warrants drawn on the Road Fund of the district in which the contract was performed. In case of the construction or repairing of a bridge crossing a stream which is the boundary of two districts, the Roadmasters of such districts shall have and exercise a joint duty and authority over the erection or repair of said bridge, and the expense thereof shall be equally divided between said districts. The Roadmaster may, with the consent of the Board of Supervisors, make contracts for the purchase of lumber or other materials for building bridges or culverts, for grading roads, or any