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other necessary work upon the highways within his district, in excess of one hundred dollars, after having first given fifteen days' notice of the proposed letting of such contract by publication in some newspaper published in the county. The notice shall set forth the work to be done or amount of material required, when and where proposals will be received and opened, and where specifications, if any, may be seen and examined, also stating what particulars must enter with the proposals, and the character and time of the payments proposed to be made. Upon the day set forth in the notice, all the proposals filed shall be opened by the Roadmaster of the district, and the proposals of the lowest responsible bidder shall be accepted, and the contract awarded to him; provided, that the Roadmaster may reject all bids. All payments for the fulfillment of any such contract shall be made by warrants drawn on the Road Fund of the district. It shall be the duty of the Roadmaster to collect in his district the road poll tax provided for in this Act, and, upon payment, to issue to the person paying it a receipt therefor. The Roadmaster shall Percentage. retain, as his compensation for collection, ten per cent. of the allowed on amount of said tax so collected, and shall pay the amount lected. collected into the county treasury at the time he makes his quarterly statement, as hereinafter mentioned, taking the Treasurer's receipt therefor in duplicate, one of which receipts he shall file with the County Auditor, who shall credit the same to the Roadmaster, and charge the amount to the Treasurer's account with the particular district fund. To enforce the collection of said poll tax, the Roadmaster Power of shall seize so much of any and every species of personal to enforce property whatever, claimed or owned by any person liable collection. to or refusing or neglecting to pay said road poll tax after demand of payment having been made, or property in possession of, or money due from any other person and belonging to such person refusing or neglecting to pay said tax, as will be sufficient to pay said tax and costs, such costs not to exceed three dollars; and shall and may sell the property SO Sale of propseized, at any time or place, upon giving a verbal notice of erty seized. one hour previous to such sale; and any person indebted to another, liable to pay said tax, shall be subject to pay the same for such other person after service upon him, by the Roadmaster, of a notice, in writing, stating the name or names of the person so liable and owing such tax, and such debtor may deduct the amount thereof from such indebtedness. The Roadmaster, after having deducted the poll tax and costs from the proceeds of such sale herein provided, shall return the surplus, if any, to the owner. A delivery of the possession of the property sold by the Roadmaster to the purchaser at such sale shall be sufficient title in the purchaser without exacting a certificate of purchase thereof of the Roadmaster.
SEC. 16. Each Roadmaster shall prepare, quarterly, a Roadmaster statement, showing the amount due to each person for labor to prepare performed or materials furnished, the amount of road tax paid in labor and by whom, the names of persons who have
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paid road poll tax and the amount collected, the amount due for contracts performed, as herein before authorized, to whom and for what; also, a specific statement of his official acts, pertaining to his district, and the number of days' or parts of days' services by him actually and necessarily performed in the discharge of his official duties, during the time embraced in such statement, which statement shall be verified by his oath, and filed with the Clerk of the Board of Supervisors ten days before the regular quarterly meetings Roadmaster of said Board. He shall, at the end of the term of his office, account for and deliver to his successor in office all tools and implements of every kind and description belonging to his district, and take a receipt therefor, which receipt shall be filed with the Clerk of the Board of Supervisors, and he shall be allowed, in payment of his services as Roadmaster, a per diem of two dollars and fifty cents, and shall allow himself the same sums for his own teams as he may allow any other person or taxpayer for teams. The Board of Supervisors shall examine all claims against the several road districts, and, if found correct, shall allow and order the same paid by warrants on the funds of the district in which the claim was incurred. The Roadmaster shall be liable on his official bond for any failure on his part to faithfully discharge the duties of his office.
SEC. 17. In order to carry out the provisions of this Act, it is hereby made the duty of the County Assessor to assess all persons, and all property liable to be taxed, as follows: First-He shall make a list of all persons liable to pay a road poll tax in the road district in which such person resides, which list he shall, when completed, file with the County Auditor.
Second-All property liable to taxation shall be assessed in the road district in which such property is situated, and the Assessor shall make out the assessment roll (using the form now prescribed by law), as follows: He shall commence it with "Road District Number One." which words he shall, in a plain and legible hand, place over the heading, and, proceeding alphabetically, shall list all property and persons in such district in the manner prescribed by law. After the completion of District Number One, he shall proceed in the same manner with "Road District Number Two," and so continue until the completion of the roll; by which assessment roll it shall be made to appear that all property and persons liable to be taxed in each road district are assessed in such district.
SEC. 18. It shall be the duty of the County Auditor, in computing the taxes on the assessment roll, to carry out in a separate column the amount of the road tax. He shall also procure suitable and uniform road poll tax receipts, which receipts he shall number and sign as such Auditor, and shall deliver, taking a receipt therefor, to each Roadmaster the number required by such Roadmaster, which shall be charged to such Roadmaster in a suitable book kept for such purpose; and each Roadmaster shall account to the Auditor for such receipts on the last day of such Roadmaster's official
term; and at the same time he shall report as delinquent the names of such persons in his district as have not paid their road poll tax to him, and file a delinquent road poll tax list; provided, that no person shall be returned as delinquent on such list unless a personal demand has been made, or notice, in writing, left at his residence. The Auditor shall add to each road poll tax so delinquent thirty-three and one-third per centum additional, and, without delay, deliver such list, with the per centum added, to the Tax Collector and charge the Collector therewith. If any person assessed for a property tax has not paid to the Roadmaster the road poll tax due from him or for which he is liable, it, with thirty-three and one-third per cent. in addition thereto, constitutes a lien upon the property assessed to such person, to attach from the first Monday in March in each year, and must be collected in the same manner and at the same time as delinquent taxes are collected.
SEC. 19. It shall be the duty of the Tax Collector to keep Duty of Tax a separate account of the road tax of each road district by him collected, and in his settlements with the Treasurer he shall make a statement of the moneys belonging to each road district, and the Treasurer shall keep his books in such a manner as to show how much road tax has been received, how much paid out, and how much is on hand in each of the road districts; and the Treasurer shall pay all road. moneys out upon warrants drawn upon the District Road Funds by order of the Board of Supervisors, and in no other manner. The Board of Supervisors shall cause to be printed, and distributed to the several Roadmasters, proper blank receipts for road tax paid in labor.
tions of highways.
SEC. 20. Any person or persons, or body politic or corpo- obstrucrate, who shall obstruct any public highway, either by placing an obstruction therein, or by digging or deepening the waters of any stream, or in any other manner, shall be liable to a prosecution before any Justice of the Peace in the county; and it shall be the duty of the Roadmaster of any district, wherein such obstruction exists, to prosecute for such offense on behalf of the county, and the person so obstructing shall, on conviction thereof, be punished by a fine of not less than ten or more than fifty dollars, to be collected as other fines; and he shall further be liable, at the suit of the Roadmaster of the district, in the sum of five dollars for each day that such obstruction is allowed to remain after being notified to remove or remedy the same.
SEC. 21. Any person or persons who shall willfully injure Malicious or destroy any bridge, or ride or drive over the same faster mischief. than a walk, or injure or destroy any other portion of a public highway in such manner as shall render the same dangerous, or impassable, or who shall cut down or injure any living tree, planted or preserved as a shade or ornamental tree, either in or upon the borders of any public road, shall be guilty of malicious mischief, and upon conviction thereof, before any Justice of the Peace, shall be punished by a fine of not more than one hundred hundred dollars, or impris
onment in the County Jail for not more than thirty days, or by both such fine and imprisonment, and it shall be the duty of the Roadmaster in any district to prosecute, in behalf of the county, any person so offending within his road district. All fines collected under the provisions of this Act shall be paid into the county treasury and become a part of the Road Fund of the district in which said offenses were committed.
SEC. 22. All Acts and parts of Acts in conflict with this Act are hereby repealed.
SEC. 23. This Act shall take effect and and be in force from and after its passage.
Road poll tax.
CHAP. DCLXVI.-An Act to amend an Act concerning roads and highways in the County of San Joaquin, approved March eighteenth, one thousand eight hundred and seventy-six.
[Approved April 1, 1878.]
The People of the State of California, represented in Senate and
SECTION 1. Section eleven of an Act entitled an Act concerning roads and highways in the County of San Joaquin, approved March eighteenth, one thousand eight hundred and seventy-six, is hereby amended to read as follows: Section eleven. Every male inhabitant of a road district, over twenty-one and under fifty years of age, must perform two days' labor annually, to be known as the road poll tax, upon the roads and highways of the district, under the demand and direction of the Road Overseer thereof, or pay such Overseer a commutation fee of two dollars.
SEC. 2. This Act shall go into effect immediately.
Advertisement for proposals
CHAP. DCLXVII.—An Act to amend an Act entitled an Act to provide for the purchase of a site, and the erection of a Courthouse and Jail thereon, in the County of Monterey, approved January twenty-second, A. D. eighteen hundred and seventyeight.
[Approved April 1, 1878.]
The People of the State of California, represented in Senate and
Section three of said Act is amended to read as follows: Section three. The said Board of Supervisors, to construct after they shall have adopted plans and specifications for said Court-house and Jail, shall deposit the same with the Clerk of said Board for the inspection of builders, and shall
cause to be published, for at least thirty days, in two newspapers, one published in Monterey County and one published in the City and County of San Francisco, an advertisement inviting sealed proposals for the erection and construction of said Court-house and Jail, and requiring said bids to be accompanied by a certified check in favor of Monterey County, payable to the order of the Chairman of the Board of Supervisors, for five per cent. of the amount of the respective bids, as security that the person or persons so bidding will, if said contract is awarded to him or them at the price so bid, within twenty days after said contract shall be so awarded, enter into a written contract with said county for the construction of said building, and will, at the same. time, secure the performance of said contract by a good and sufficient bond, in the sum of twenty thousand dollars, with two or more sureties, to be approved by said Board of Supervisors.
SEC. 2. Section eight of said Act is hereby amended to Issuance of read as follows: Section eight. For the purpose of provid- bonds. ing means for the erection and construction of said Courthouse and Jail, furnishing the same, grading and otherwise improving said site, etc., the Board of Supervisors of Monterey County are hereby authorized and directed to have prepared, and to issue at one time, or from time to time, the bonds of said county, to be known as "Court-house and Jail Bonds," to such an amount, not exceeding in the aggregate the sum of sixty thousand dollars, as said Supervisors may deem necessary and proper, pledging the faith of said county that on or before the first day of January, A. D. one thousand nine hundred and three, it will pay, in gold coin of the United States, at the office of its Treasurer in said county, a sum of money to be therein stated, which shall be one hundred dollars or some multiple thereof, and that it will, also, on the first day of January and July of each year, at said office, or in the City of San Francisco, at the option of the holder or holders, pay interest therein, in like gold coin, at the rate of seven per cent. per annum, upon the delivery to said Treasurer, or his appointed agent in San Francisco, of the coupon for the interest then due, and each of said bonds shall contain a clause reserving to the county the right to pay said bond, at its option, at any time after the expiration of twenty years from its date, and that the interest thereon shall cease after the expiration of sixty days from the publication of a notice in a newspaper published in Salinas City, and one in the City of San Francisco, that the county is prepared to and will pay the bond; provided, that such notice shall not be given until after the expiration of said twenty
SEC. 3. Section twelve of said Act is hereby amended to Bond interread as follows: Section twelve. At the time of the making est tax. of the levy for county taxes, the said Board of Supervisors shall annually levy a special tax sufficient to pay the interest that will be due the following January and July on the then outstanding bonds issued under this Act; and in the year eighteen hundred and ninety-eight, and annually thereafter