Viewers to be approved or rejected. If the report is rejected, the road must not be altered or opened. to be opened. SEC. 29. If the Board approve the report, and there are Approval of no non-consenting land owners, the road must, by order, report, road be declared a public highway, and the Road Overseer ordered to open the same to the public. If there are nonconsenting land owners, the Board must appropriate from the Road Fund of the district, and cause the Road Overseer to tender to such non-consenting land owners the award for damages made by the Board. If the awards are all accepted, the road must be declared a public highway, and be opened as before provided. SEC. 30. If any award of damages is rejected by the land concerning owners, the Supervisors must, by order, direct the Overseer damages. of the district to deposit the amount of damages with the County Treasurer, and proceed to open the road the same as though the damages had been received. Should the party or parties rejecting the damages awarded bring suit to recover other or more damages, and fail to recover, he shall pay all costs of suit, and the Treasurer shall, on order of the Court, place the money to the credit of the road district from which it was originally drawn. way, when for. SEC. 31. In all cases of altering old or laying out new Right of roads, the Road Overseer may agree and contract for the Overseer right of way when the amount to be paid therefor does not may contract exceed one hundred dollars. All awards by agreement, ascertainment by the Board, or by the proper Court, must be paid out of the Road Fund of the district on the order of the Board of Supervisors. If the road lies in more than one district, the Supervisors must proportionately divide the awards and other costs between them. SEC. 32. All highways must be at least fifty feet wide, Width of except those now existing of a less width. highways. roads. SEC. 33. Private or by roads may be opened for the con- Private venience of one or more residents of any road district, in the same manner as public roads are opened, whenever the Board of Supervisors may, for like cause, order the same to be viewed and opened; the person or persons for whose immediate benefit the same is required paying the damages awarded to land owners, and keeping the same in repair; such private roads to be laid out to the nearest practicable point to a county road. way, convey SEC. 34. In all cases, when consent to use the right of way Right of for a highway is voluntarily given, purchased, or condemned, ance to be and paid for, either an instrument in writing, conveying the filed. right of way and incidents thereto, signed and acknowledged by the party making it, or a certified copy of the decree of the Court condemning the same, must be made and filed and recorded in the office of the Recorder of the county, in which the land so conveyed or condemned must be particularly described. railroads, canals, etc. SEC. 35. Whenever highways are laid out to cross rail- Crossing of roads, canals, or ditches, on public lands, the owners or corporations using the same must, at their own expense, so prepare their roads, canals, or ditches, that the public high Removal of fences. Public maintained. way may cross the same without danger or delay. And when the right of way for a public highway is obtained, through the judgment of any Court, over any railroad, canal, or ditch, no damages must be awarded for the right to cross the same. SEC. 36. When the alteration of an old or the opening of a new road makes it necessary to remove fences on land given, purchased, or condemned, by order of a Court, for road or highway purposes, notices to remove the fences must be given by the Road Overseer to the owner, his occupant or agent, or by posting the same on the fence; and if the same is not done within ten days thereafter, or commenced and prosecuted as speedily as possible, the Road Overseer may cause it to be carefully removed at the expense of the owner, and recover of him the costs of such removal, and the fence material may be sold to satisfy the judgment. SEC. 37. All public bridges not otherwise specially probridges, how vided for are maintained by the road district in which they are situated, the districts which they unite, and the country at large, in the same manner as highways, and under the management and control of the Road Överseers 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 Road Overseer or County Treasurer. General Road Fund, when available. Cost of bridge, not to exceed. Failure of Overseer to give aid. Overseers' reports, bridges. SEC. 38. Whenever it appears to the Board of Supervisors that any road district is or would be unreasonably burdened by the expense of constructing or maintenance and repair of any bridge, 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 out of the General County Fund, or both, or they may levy a special bridge tax therefor, not exceeding one-fourth of one per cent. on the taxable property of the county, annually, till the amount appropriated in aid is raised and paid. SEC. 39. No bridge, the cost of construction or repair of which will exceed the sum of one hundred dollars, must be constructed or repaired, except on order of the Board of Supervisors. When ordered to be constructed or repaired, the Board of Supervisors may let the same, by contract or otherwise, as the emergency of the case requires. SEC. 40. If the Road Overseer of any road district, after notice from the Overseer of an adjoining district to aid in the repair of a bridge in which each are interested, fail so to aid, the one giving notice may make the necessary repairs, and be allowed a pro rata compensation therefor by the Board of Supervisors out of the Road Fund of the defaulting district. SEC. 41. The Road Overseers must, in their official reconcerning ports, give a full account of all bridges of which they have, in whole or in part, the charge and maintenance, those constructed or repaired, and the cost thereof; and the amounts, and from what source derived, expended thereon, and the present and prospective condition thereof. Encroach ments. SEC. 42. If any highway, duly laid out or erected, is encroached upon by fences, buildings, or otherwise, the Road Overseer of the district may make an order in writing, signed by him, requiring the encroachment to be removed from the highway. same. SEC. 43. Notice must be served on the occupant or owner Notice of of the land, or person causing or owning the encroachment, or left at his residence if he resides in the county, if not it must be posted on the encroachment, specifying the breadth of the highway, the place and extent of the encroachment, and requiring him to remove the same within ten days. SEC. 44. If the encroachment is not removed, or com- Penalty for menced to be removed and diligently prosecuted, prior to expiration of the ten days from the service or posting the notice, the one who caused, or owns, or controls the encroachment, forfeits ten dollars for each day the same continues unmoved. If the encroachment is such as to effectually obstruct and prevent the use of the road for vehicles, the Overseer must forthwith remove the same. failure to remove. action. SEC. 45. If the encroachment is denied, and the owner, Overseer occupant, or person controlling the matter or thing charged may bring with being an encroachment, refuses either to remove or to 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 recover judgment, he may, in addition to having the same abated, recover ten dollars for every day such nuisance remained after notice, as also his costs in such action. remove at owner's SEC. 46. If the encroachment is not denied, but is not Overseer to removed for five days after the notice is complete, the Road t Overseer may remove the same at the expense of the owner, expense. 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. SEC. 47. No gates must be allowed on any public highway Gates. duly laid out, except by permission of the Board of Supervisors. damages. SEC. 48. Any one who leaves open such gate, or willfully Trespass, or unnecessarily rides over ground adjoining the road on which the gate is erected, forfeits to the injured party treble damages. SEC. 49. Whoever obstructs or injures any highway, or Penalty for - obstructs or diverts any water-course thereon, is liable to a obstructing. penalty of five dollars for each day such obstruction or injury remains, and must be punished as provided by law for misdemeanor. SEC. 50. Whoever removes or injures any guide-post, or Injury to any inscription on such, erected on any highway, is liable to guide-posts. a penalty of ten dollars for every such offense, and punishable as provided by law for misdemeanor. SEC. 51. Any person may notify the occupant or owner of Removal of any inclosed lands from which a tree or other obstruction has trees, etc. fallen upon any highway, to remove such tree or obstruction immediately. If it is not so removed, the owner or occupant is liable to a penalty of five dollars for every day thereafter till it is removed, and the cost of removal. Injury to bridges. Injury to trees. Forfeitures, SEC. 52. The Road Overseers may put upon bridges under their charge notices of a fine of five dollars for riding or driving on such bridges faster than a walk. Whoever thereafter rides or drives faster than a walk on such bridge is liable to a fine of five dollars for each offense. SEC. 53. Whoever maliciously digs up, cuts down, or otherwise injures or destroys any shade or ornamental tree, planted and standing on any highway, forfeits twenty-five dollars for each tree, and is guilty of a misdemeanor. SEC. 54. All penalties and forfeitures given in this chapter, how applied. and not otherwise provided for, must be recovered by the Road Overseers of the respective road districts, and be applied on the highways on which they are collected. Overseers to poll-taxes. SEC. 55. The Road Overseer must collect the road pollcollect road tax from every male inhabitant within his road district over the age of twenty-one years, disabled persons excepted; and it shall be their duty to commence proceedings before any magistrate in their respective district against any person liable for road tax and declining to pay the same. Evidence of not being liable for the same shall be the production of a road poll-tax receipt, in their name, for the year in which it is claimed by the Road Overseer to be due. Employer to give names SEC. 56. It shall be the duty of every inhabitant to give of employes the names and number of persons in his or her employ to to Overseer. the Road Overseer upon his application. A failure to do so renders them liable to a fine of not less than ten dollars nor over twenty-five dollars, in an action brought against them before any magistrate in his district, with cost of suit. Debt restricted. SEC. 57. No debt or liability of any kind must be created on any road district, or on the General Road Fund of the county, in excess of ten per cent. of the anticipated receipts of the district or of the General Road Fund of the county for the ensuing year. SEC. 58. All Acts or parts of Acts in conflict with the provisions of this Act, so far as they conflict, are hereby repealed. SEC. 59. This Act shall take effect and be in force from and after its passage. Supervisors to issue bonds. CHAP. CCXI.-An Act to authorize the Board of Supervisors of Santa Barbara County to build a jail and hospital in said county, to issue bonds of said county for the construction thereof, and to provide for the payment of the same. [Approved March 13, 1876.] The People of the State of California, represented in Senate and SECTION 1. The Board of Supervisors of Santa Barbara County are hereby authorized and empowered to issue bonds of said county for the erection of a jail and hospital at the county seat of said county, for any amount not exceeding twenty thousand dollars, bearing interest at the rate of ten per cent. per annum. Coupons for the semi-annual interest shall be attached to each bond, and said bonds and coupons shall be signed by the Chairman of the Board of Supervisors, and countersigned by the Auditor and Treasurer of said county. payable. SEC. 2. The bonds authorized to be issued by the provis- How ions of this Act shall be due and payable in the gold coin of the United States, at the Treasurer's office of said county, on the first day of July, A. D. one thousand eight hundred and eighty-six. how Interest SEC. 3. All coupons for interest, when paid, shall have the Coupons, word Canceled" written across the face of the same, with canceled. the date of said payment, by the County Treasurer, who shall deliver them to the County Auditor, taking his receipt therefor: said County Auditor shall file and preserve such coupons, and upon the books of his office record the transaction. SEC. 4. For the purpose of paying the interest on the Bond and bonds authorized to be issued by this Act, the Board of Super- Fund. visors of said county shall, at the time of levying county taxes in each year, levy a special tax on all the real and personal property in said county sufficient to pay the interest on the bonds then outstanding, as said interest falls due. Said tax shall be assessed and collected in the same manner as other county taxes, and by the County Treasurer set apart as a special fund to be known as the "Jail and Hospital Bond and Interest Fund," and it shall be the duty of the County Treasurer to pay said coupons out of said fund as the same shall fall due. to be used. SEC. 5. If the special tax authorized by section four of General this Act shall be insufficient to pay all the interest due in Fund, when any one year, then the County Treasurer shall pay the same out of the "County General Fund," and he shall retain on hand sufficient of such fund to meet such payments. If there surplus. is a surplus produced by such special tax, the County Treasurer shall transfer the same to the said County General Fund. Fund. SEC. 6. At the time of levying the county taxes for the Bond fiscal years one thousand eight hundred and eighty-five and emption one thousand eight hundred and eight-six, the Board of Supervisors of said county shall levy and cause to be collected, a tax sufficient to pay the whole amount of said bonds; the tax to be levied and collected under the provision of this section shall be assessed and collected as other county taxes, and by the County Treasurer set apart as a special fund, to be known as the "Jail and Hospital Bond Redemption Fund." SEC. 7. On or before the said first day of July, A. D. one Bonds, when thousand eight hundred and eighty-six, the County Treas- redeemable. urer shall redeem said bonds at par value; provided, that [if] any of said bonds be not presented to the County Treasurer on said first day of July, one thousand eight hundred and eighty-six, for payment, the same shall cease to bear any further interest. SEC. 8. The Board of Supervisors are authorized to sell supervisors said bonds at par value without notice, but in case said Board to sell bonds; of Supervisors fail to do so at a regular meeting, said Board sale. manner of |