under the provisions of this Act, must be paid out of the General Fund of the treasury of said city and county. The said proceedings to acquire title to lands, except as herein otherwise provided, must conform to the provisions of the "Act approved April first, eighteen hundred and seventytwo," entitled an Act to open and establish a public street in the City and County of San Francisco, to be called Montgomery Avenue, and take private lands therefor, and to the provisions of any other Act passed at the present session of the Legislature, defining the powers of said Board of Supervisors, which are hereby made applicable to this Act, so far as the same are not inconsistent therewith.

certain avenue.

Fourth-The said Board of Supervisors are hereby author- Sale of a ized and required, under such rules and regulation as they may prescribe, to sell at public auction, to the highest and best bidders, all of Serpentine Avenue running from the old San José road to the San Bruno road, except such portions thereof as may be required for the purposes of said sewer and street herein provided for. The lands so offered for sale shall first be surveyed and subdivided into lots, conforming as near as may be practicable in form and size to the lots next contiguous thereto. Streets, in conformity to and connecting with the streets laid down upon the official plan of said city, shall be reserved and dedicated to public use. A deed from the Mayor of said city and county, executed to the purchaser of any lot, after full payment therefor shall have been made, shall vest the title of such lot in said purchaser. The proceeds of said sales shall be paid into the General Fund of the treasury of said city and county. The said Commissioners shall receive for their services such compensation as the Board of Supervisors may allow. Whenever Opening and the said city and county shall have acquired the lands improve herein mentioned, for said sewer and street, the said Board street. of Supervisors are authorized to open and improve said street, and construct said sewer of such material and of such capacity as said Board may determine, and are authorized to appropriate, allow, and order paid out of the General Fund such sums as may be necessary for said purposes, also for all contracts for the necessary surveys.

SEC. 2. All of Serpentine Avenue lying between the old San José road and San Bruno road is hereby vacated as a public street or highway.

SEC. 3. This Act shall take effect and be in force from and after its passage.

ment of

Duty of
Auditor.

license.

CHAP. CCXXIV.-An Act concerning licenses in the County of
San Benito.

[Approved March 16, 1878.]

The People of the State of California, represented in Senate and
Assembly, do enact as follows:

SECTION 1. The County Auditor of San Benito County shall cause to be printed a sufficient number of licenses required by Part Third (III), Title Seventh (VII), Chapter Fifteenth (XV), of the Political Code, as may be needed in said county for one year, in book form, and shall issue the same quarterly, commencing with the first day of January, April, July, and October of each year; provided, that all licenses now issued and unexpired, in said county, shall Contents of be good for their unexpired term. Each license when issued shall contain the name of the person to whom issued, the date thereof, the time of commencement and expiration, and amount paid for the same, and the kind of business to be carried on by the person receiving the same. Should any business for which a license is required be commenced after the first of the current quarters herein named, the said license shall be issued for the remaining portion of said quarter, and there shall be received in payment therefor such proportional part of said full amount required for the full term as shall remain unexpired, but said license shall not be issued for less than one month.

Duty of Tax
Collector.

Prosecution of delinquents.

SEC. 2. No license shall be issued for a period longer than one year, and all licenses issued for a permanent or continued business shall end with the end of the current quarter.

SEC. 3. The Tax Collector of San Benito County shall make a report to the Board of Supervisors of said county, in writing, on the first Mondays of February, May, August, and November, of each year, containing the names of all persons doing business in said county for which a license is required, the character of the business, whether a license has been obtained therefor, the amount of the license, and where the business is or was conducted; the names of any persons delinquent, and amount of each respectively; the total amount collected since last report, and amount due, and such other facts relating to the collection of said licenses as may be ordered by the Board of Supervisors.

SEC. 4. The Board of Supervisors shall direct the District. Attorney of said county to prosecute all delinquents, in payment of said license taxes, either civilly or criminally, and when either of said prosecutions are commenced, said delinquent shall pay up, in addition to all fines, costs, and amount of license, the additional sum of fifty per cent. to be added to the amount of said license.

SEC. 5. All Acts and parts of Acts, in conflict with the provisions of this Act, are hereby repealed.

SEC. 6. This Act shall take effect and be in force from and after its passage.

CHAP. CCXXV.-An Act concerning roads and highways in the County of San Benito.

[Approved March 16, 1878.]

The People of the State of California, represented in Senate and
Assembly, do enact as follows.

defined.

SECTION 1. Highways are roads, streets, alleys, and Highways bridges, laid out or erected by the public; or, if laid out, opened, or erected by others, deeded, dedicated, or abandoned to the public.

SEC. 2. Whenever any corporation owning a toll bridge, or a turnpike, or a common wagon road, is dissolved or discontinues the use of the road or bridge, or has expired by limitation, such bridge or road becomes a highway.

SEC. 3. A road not worked or used for a period of five years ceases to be a highway for any purpose whatever.

SEC. 4. The Board of Supervisors shall give to each high- Highways to way and public road an appropriate name, which named be named. may be changed by the Board whenever they deem the same necessary, and the Clerk of said Board shall properly record all roads and proceedings relating thereto in a separate book, and properly index the same.

SEC. 5. By taking or accepting land for a highway, the public acquire only the right of way and the incidents necessary to enjoy and maintain the same.

street.

SEC. 6. Whenever any person or persons may propose to Petition for open a public road through his, her, or their lands, such opening person or persons may petition the Board of Supervisors of the county, said petition to give the commencement and terminus of such proposed road, with a general description and width thereof; and said Board may, if they deem said road necessary, enter in their book of records an order declaring said petition granted and such road established as a public highway. Such petitioners shall proceed, at their own expense, unless the Board of Supervisors order the same paid from the County Road Fund, to fence out such road within thirty days, unless the Board grant a longer time; and such road, from the time fixed for opening it, shall be considered to be dedicated to the public for use as a public highway.

SEC. 7. For all purposes of this Act, the districts as now or may hereafter be established for the election of Supervisor, shall constitute the road districts, and road districts shall bear the same name as said Supervisors' districts, and shall be changed whenever said Supervisors' districts are changed, so as at all times to correspond with them.

SEC. 8. At the session of the Board of Supervisors for Poll and levying State, county, and other taxes, and at the same time, property tax. said Board shall levy upon each able-bodied man-Indians excepted-between the age of twenty-one and sixty years, a road poll tax of two dollars, and upon all taxable property in the county a tax for road purposes of not more than

Duty of
Assessor.

Same.

Road Fund.

Power of

thirty-five cents upon each one hundred dollars, which sum
shall be assessed and collected as other county taxes, except
as otherwise provided in this Act. All able-bodied men
who have resided three months in the State and ten days in
the road district shall pay the road poll tax herein provided
for, and all moneys received or collected for such taxes or
assessments shall constitute the Road Fund. The Assessor
of said San Benito County shall prepare in his list or assess-
ment roll a separate column headed "Road Poll," in which
he shall place against the name of every person liable to pay
any road poll tax the figure "one," and said Assessor shall
collect said road poll taxes in the same manner as provided
by law for collecting other poll taxes, and the same author-
ity is hereby conferred upon said Assessor, and shall receive
as compensation ten per cent. upon road poll taxes collected
by him. All taxes and assessments provided for in this Act
shall be collected by the Assessor and Tax Collector of the
county in the same manner as State and county taxes, and
placed in the county treasury to the credit of the road dis-
tricts from which the same are collected, and shall be known
as the District Road Fund; and all such moneys shall be
used in the district credited therewith, respectively, subject
to the control of the Board of Supervisors and the provisions
of the next section of this Act. The said Assessor shall, at
the time of completing and returning the assessment roll of
his county each year, return a statement of the taxable prop-
erty of each road district in his county, which shall be filed
with the Clerk of the Board of Supervisors. He shall also
designate upon the assessment roll the road district in which
the property in said county is situated, and also in what road
district the persons liable to pay a road poll tax by the pro-
visions of this Act may reside at the time of making said.
assessment. The said road poll taxes provided for in this
section may be levied by the Board of Supervisors at any
time prior to the time herein named, if they deem it neces-
sary. The said Assessor and Tax Collector shall make a
monthly settlement, on the first Monday of each month, of
all moneys collected from road poll taxes, and in said settle-
ments shall designate the amounts collected from persons in
each road district, severally.

SEC. 9. From the property road taxes collected, the Board
of Supervisors may annually set apart a sum not exceeding
twenty per cent., for general road purposes, which shall be
known as the General Road Fund, from which they may
direct such amounts to be paid as may be found necessary
for such general road purposes, in which the inhabitants of
all the road districts are more or less interested.

SEC. 10. The Board of Supervisors shall have the general Supervisors. supervision and management of all the public roads in the county, and the members of said Board shall be ex officio. Road Overseers, and shall have special supervision, control, and management of all roads and highways and road matters in their respective Supervisor Districts, and as such ex officio Road Overseers, each Supervisor shall take an oath and give a bond in the sum of five thousand dollars, the

same as other county officers, and whenever any district is too large, in the judgment of the Board of Supervisors, to be well managed by the Supervisor of said district, the said Board may appoint a suitable person to reside in and have supervision and control of such portion of the district as may be agreed upon by the Board, and he shall take an oath and give a bond the same as other county officers; the amount of the bond to be fixed by said Board of Supervisors. SEC. 11. It is hereby made the duty of the said Super Duty of visors, severally, and said Deputy Road Overseers, to maintain and keep all public roads and highways in their respective districts in good repair, and to erect or cause to be erected all necessary bridges and culverts, as the means at his command will permit. He shall oversee and direct all labor performed, and see that all contracts for road work are fully performed, as hereinafter named.

Overseers.

materials.

writing.

SEC. 12. The Board of Supervisors are hereby authorized Contracts for to make contracts for the purchase of lumber or other mate- purchase of rials for bridges or culverts, for grading roads, or any other necessary work upon the highways within the several road districts; and it is made their duty to let the work of keeping the principal thoroughfares in good order and repair to the lowest responsible bidder, for the term of one year or less time, and either for the repair, keeping in repair, grading, graveling, or other necessary work thereon; and said contracts may be made with one or more persons, and of the whole or part of any particular road. The Board may also empower said Supervisors, severally, to make contracts or receive bids for the road work herein named, subject to the approval of the Board. When bids are invited for any materials to be furnished, or road work to be done, such notice thereof shall be given as the Board shall deem proper. All contracts shall be in writing, containing specifications of Contracts to all work to be done or materials furnished, and where the be done in contract price exceeds two hundred dollars, a bond shall be required in double the contract price, conditioned for the full and proper performance of the contract, and payable, in default, to said San Benito County, all damages that may be sustained. The Board shall have the right to reject any and all such bids if they deem it for the interest of the county so to do. Said Board, in their performance of road duties, shall have in view, first, the keeping of all roads and highways in good order and repair; second, the construction, in a permanent and substantial manner, of all public and main thoroughfares in said county; and they shall cause to be so constructed such parts of said public roads, in each road district, during each year, as they may be able with the means at their command. Said Board of Supervisors shall create no road debt in any road district, in any one year, in excess of the estimated revenue for said year in said district. Nor shall any demand be ordered paid from the General Road Fund unless there is money in said fund with which to pay the same at the time the order is made.

SEC. 13. All payments for the fulfillment of any contract for the purposes herein specified shall be made by warrants