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the fiscal year commencing in March, eighteen hundred and seventy-seven, is hereby legalized and confirmed, and rendered valid and binding, both in law and equity, against the persons and property assessed; and no want of description, or wrong description, informality, or irregularity in the description of property or persons assessed upon the assessment roll of said county for said year, or want of separate valuation thereon, shall invalidate said assessment or assessment roll, or any part of either.

SEC. 2. This Act shall take effect and be in force from and after its passage.

of roads as

Chap. X.-An Act relative to highways in Los Angeles County.

[Approved December 25, 1877.] The People of the State of California, represented in Senate and

Assembly, do enact as follows: Highways, SECTION 1. Highways are roads, streets, or alleys, and how defined. bridges, laid out or erected by the public, or if laid out or

.
erected by others and dedicated or abandoned to the public,

or conceded to the public by five years' general use. Concession SEC. 2. All roads shall be conceded as public highways highways.

which have been used as such for five years, or which may hereafter be used for five years by the public in general, without being notified or molested by the owners or claimants of land or their agents. And the Board of Supervisors may, at any time thereafter, cause said roads to be properly located and declared as public or county roads, without any compensation to the owners of lands over which said roads pass.

Sec. 3. When a question arises involving the exact locaaf roadstion tion of any road (not having been previously located, or

surveyed, or defined), the middle or center of the ground usually traveled shall be decided to be the center of the true location; provided, where different owners of lands join on the road, the said line shall be the center of the road, unless said line is impracticable.

SEC. 4. Roads laid out as provided in sections one, two, and three of this Act, shall not be vacated, or cease to be a

highway, until so ordered by the Board of Supervisors. Duty of SEC. 5. The Clerk of the Board of Supervisors must keep

a book in which must be recorded, separately, all proceedSupervisors. ings of the Board relative to each road district, including

orders laying out, altering, and opening roads; and in a separate book a description of each road district, its Overseers, its roads, highways, contracts, and all other matters pertaining thereto.

SEC. 6. By taking or accepting land for a highway, the public only acquire the right of way and the incidents necessary to enjoy and maintain it, subject to the regulation of this Act and the Civil Code.

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Clerk of
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of sidewalks.

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Political
Code.

SEC. 7. Any owner or occupant of land may construct a Construction sidewalk on the highway along the line of his land, subject, however, to the authority conferred by the law on the Board of Supervisors and the Overseers of Highways, and any person using such sidewalk with horse or team, without the permission of the owner, is liable to such owner or occupant in the sum of five dollars ($5) for such trespass, and for all damages suffered thereby.

SEC. 8. Any owner or occupant of land adjoining a Planting of highway, not less than three rods wide, may plant trees on trees. the side contiguous to his land. They must be set in rows at a distance of at least six feet from each other, and not more than six feet from the boundary of the highway. If the highway is more than six rods wide, the row must not be less than six nor more than twelve feet from the boundary of the highway.

SEC. 9. Every gas, water, or railroad corporation has Corporapower to lay conductors and tracks through the public high-trois may ways and squares in this county, when they are established, ons and with the consent of the proper authorities thereof, and under tracks. such reasonable regulations as the authorities and the law prescribes.

SEC. 10. The cases and manner in which railroad, plank Provisions of road, turnpike, and common wagon road corporations may Polie. acquire a right of way upon the public highways are provided for in the Political Code, and in Title Seven, Part Third, of the Code of Civil Procedure, and under title Corporations of Civil Code.

SEC. 11. Each Supervisor District of Los Angeles County Highway shall constitute a highway district, and the Supervisor of districts. said district shall be ex officio Commissioner of Highways Commisof his own district, and shall receive the same compensation sioner of for services rendered under this Act as are allowed him for the other duties of his office as Supervisor

SEC. 12. The Commissioner of Highways must (subject to Duties of the modifications and approval of the Board of Supervisioner. sors)

First–Divide his district into a suitable and convenient number of road districts, and appoint in each year therefor, annually, on the first Monday in March, or whenever vacancies occur, Road Overseers, upon petition of a majority of the property taxpayers of the road district, with power to remove them for cause.

Second-Cause to be surveyed, viewed, laid out, recorded, opened, and worked such highways as are necessary for the convenience of the public, as in this Act provided.

Third-Abolish or abandon such as are unnecessary. Fourth-Contract, agree for, purchase, or otherwise acquire the right of way over any property for the use of public highways, and for that purpose institute, or require the District Attorney to institute, proceedings under Title Seven, Part Three, of the Code of Civil Procedure, and to pay therefor from the District Road Fund of that particular district.

Fifth-Let out by contract the improvement of highways and the construction and repairs of bridges or other adjuncts

Commis

Dutics of Commissioner.

Road districts to be distinctly defined.

same.

to highways, when the amount of work to be done by con-
tract exceeds three hundred dollars.

Sixth-Recommend the amount of a property tax to be
levied each year in his district.

Seventh-Order and direct the Road Overseers specially in regard to the work to be done on particular roads in their districts.

Eighth-Cause to be erected and maintained on the highways he may designate, mile-stones or posts, and guide-posts, properly inscribed.

Ninth-Cause the road tax collected each year to be appointed to the road districts entitled thereto, and keep an account of each Road District Fund separately.

Tenth-Audit all accounts on the funds of his respective road district, when required to pay for the right of way, work, or improvements thereon.

Eleventh-Furnish each Road Overseer in his district a copy of this law.

SEC. 13. The road districts must be carefully and distinctly defined and described, and designated by the municipal towns, or township, or precinct lines. Until such division

is made, the road districts must continue as they are at present
District defined. Road districts may be altered, changed, created, or
Supervisors
mury modify modified by the District Supervisors as occasion requires;

and upon petition of a majority of land owners in any pre-
cinct or school district, he may constitute such precinct or

school district a road district. Notice of ap

Sec. 14. Overseers of road districts must receive notice pointment,

of their appointment from the Clerk of the Board of Super-
visors, and within ten days thereafter must give the official
bond required by the Board of Supervisors in the order of
appointment or confirmation, and take the usual oath of
office. The notice and certificate that the bond has been
filed, and the oath taken and indorsed thereon, or a certified
copy thereof, constitutes a commission, and authorizes the
person named in and holding the same to discharge the
duties of Overseer for one year, or until superseded.

Sec. 15. Road Overseers, under the direction and super-
vision and pursuant to the orders of District Supervisors
appointing them, must:

First-Take charge of the public highways within their respective districts.

Second-Keep them clear from obstructions, and in good repair.

Third-Cause banks to be graded, bridges and causeways to be made where necessary, and keep the same in good repair, and renew them when destroyed.

Fourth-Give two days' notice to the inhabitants of his road district, liable to do work on roads, when, where, with what implements, and under whose direction to work.

Fifth-Receive and present petitions for new roads or the alteration of roads in his district, and recommend or disapprove the same, and assist in laying them out.

Sixth-Collect from each inhabitant notified to work and who fail to work, all road poll tax for which he has become

oath, and bond of Overseers.

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Overseers.

tion of Overseers.

liable therefor, and faithfully account for and pay over the Duties of same to the county treasury, into the fund of the district entitled thereto, taking the Treasurer's receipt for the same, and a duplicate, to be given to his District Commissioner of High ways; and for the services rendered in the collection of said road poll tax, shall receive the sum of fifteen per cent.

Sec. 16. Every Road Overseer must make to the District Supervisor semi-annually, on the first Monday of September and March of each year, a written report, under oath, containing:

First-The names of all persons in his district who have paid road poll tax, and the amount paid by each, and whether in coin or labor.

SecondThe names of all delinquents, and amount due from each.

Third-A full return, by items, of the amount of labor, and the names of persons laboring, and the amount of money expended at each separate point, and the manner in which and the time the same was done, and a full account of all tools and materials in their possession belonging to the district or county.

Fourth-The number of road poll tax receipts received, sold, and returned by him unsold.

Fifth-An accurate account of every day he himself was employed, and the nature and items of service rendered.

Sixth-Receive for his services, from money belonging to compensahis road district, the sum of three dollars for each day's service rendered by him, not to exceed three hundred dollars per annum, to be audited and ordered paid by the Board of Supervisors.

Sec. 17. The Road Overseers must accompany their Unexpended reports with all unexpended moneys remaining in their moneys. hands at the date of their reports, and show the Treasurer's receipt for all moneys collected by them during the past year, and a certificate from the Clerk of the Board of Supervisors that he is clear on the Clerk's books for road poll tax receipts.

SEC. 18. A failure to make a report as required, or to pay Penalty for over any moneys remaining in his hands, subjects the Over- failure to seer to a penalty of twenty-five dollars, to be recovered in an action on his bond, together with any balance due from him. Suit therefor may be instituted by the District Attorney, under an order from the Commissioner of Highways of his district.

SEC. 19. The Road Overseer must, from time to time, add omitted taxto the list the names of persons liable for road poll tax in payers. his road district, who may have been at first omitted, or who have become inhabitants of his road district since the original list was made, and enforce or collect the road poll tax, and apply the same as hereinafter provided.

SEC. 20. Every male inhabitant of said county, except Road poll inhabitants of cities and incorporated towns, between the tax. ages of twenty-one and fifty years, shall pay, annually, a road poll tax of two (2) dollars in coin, or two days' labor for high

liable.

Failure to

taxhow satisfied.

way purposes, provided the same is paid before the first day of July in each year, but if not paid before said day it shall

be three dollars in coin. Employers SEC. 21. Every person or corporation indebted to one in

his employ subject to road poll tax shall, upon demand, pay said poll tax to the Overseer of Highways, and shall become liable therefor after service upon him, in writing, of a notice by the Road Overseer, stating the name of such person, and a receipt of such road poll tax from the Overseer shall be conclusive evidence of credit to the employer against the employé.

SEC. 22. Every person authorized to draw warrants or pay the salary or fee of any delinquent person, or managing agent of any person, corporation, or company, is the debtor of such delinquent person within the meaning of the preceding section.

SEC. 23. Every person who refuses or neglects, upon pany , road poll demand by the Road Overseer, to pay a road poll tax, is

delinquent, and the Overseer must (except when real estate is liable therefor) collect by seizure and sale of any debts due or personal property owned by such delinquent. The sale must be at public auction, and at any time after three hours' verbal notice of time and place, and must be of a sufficient amount to pay the road poll tax and costs.

SEC. 24. For seizing and selling, or collecting without sale after seizing, the Road Overseer may charge in each case the sum of three dollars, and the same mileage as is allowed by law to the Sheriff of the county.

SEC. 25. On payment of the price bid for any property sold, and the delivery thereof with a bill of sale, vests the title thereof in the purchaser.

SEC. 26. The Overseer must deliver the road tax receipts, filled out with the name of the person owing the taxes, to the purchaser of property at such sale, or to whatever person may pay the tax. The receipt as delivered shall be conclusive evidence of credit to said amount.

SEC. 27. Every person who, when requested by the Overseer, neglects or refuses to give to such Overseer his name, or the true name and residence of each man in his employment or under his supervision or control, in any way subject to road poll tax, or to give such Overseer access to the building or place where such men are employed, is guilty of a misdemeanor.

SEC. 28. The annual property tax for road purposes must be levied by the Board of Supervisors at their session when the tax is levied by them for county purposes, and must not exceed thirty cents on each one hundred dollars in value of taxable property. This property tax, when levied, must be annually assessed and collected by the same officers and in the same manner as the other State and county taxes are levied, and assessed, and collected, and turned over to the County Treasurer, to be kept in a separate fund for the use of the Supervisors' road districts from which it is respectively collected.

SEC. 29. From the property road tax collected from all

Bill of sale.

Overseers to deliver receipts.

Misdemeanor.

Annual property tax.

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