270 STATUTES OF CALIFORNIA, by the Overseer of the district, upon the order of the Board of Trustees; but if objections are made by any person owning the land over which said road is to be located, the Board of Trustees shall consider and determine the same, and if they shall be of the opinion that the road is necessary, they shall appoint three persons as Viewers, the County Surveyor being one, to view out and locate said road, and to appraise the damage to the land of the objectors; and upon a return of the certificate of the Viewers, together with the appraisement, and if satisfied with the same, shall declare the same to be a public highway, and cause a notice of their action to be served on the Road Overseer of the district in which said road is located. They shall also order the payment for damages allowed, to be paid out of the Township Treasury, out of moneys not otherwise appropriated; provided, however, that if the Board of Trustees shall so determine, the damages awarded shall be paid by the person or persons petiPay of Road tioning for such road. The Viewers shall receive for their services three dollars per day for each and every day actually employed, and twenty cents per mile necessarily travelled in going to and returning from the place where the contemplated road is situated, to be paid by the party or parties praying for such road, if the same shall not be granted; but if granted, then the fees of the Viewers shall be paid by the township or by the party or parties praying for the road, as the Board of Trustees shall determine. Proviso. Viewers. Board of Trustees may levy a road tax. Road Over account of moneys collected, etc SEC. 15. The Board of Trustees shall have power to levy a property tax, not to exceed five cents on each one hundred dollars, for road purposes, to be levied and collected at the same time and in the same manner as other property taxes are collected; provided, that the provisions of this section shall not apply to any incorporated city of the county, and the property tax, thus levied and collected shall be paid into the Township Treasury, and shall be a Road Fund for the benefit of the roads within the township, and shall be expended by the Road Overseers, under the direction of the Board of Trustees. SEC. 16. Each Road Overseer shall keep a correct account of Beer to keep all moneys collected by him in his district for road purposes, together with the names of persons who pay in cash; the amount paid by each; the names of those who perform labor; the number of days work performed by each; and the names of delinquents. At each half-yearly settlement with the Board of Trustees, each Road Overseer shall render his half-yearly ac count to said Board, verified before some officer having power to administer oaths, in which he shall exhibit the whole amount collected by him during the preceding half year, the date when, and from whom received; the amount expended by him, to whom, and for what purpose paid; the number of days he has been actually employed upon the road in his district, with the names of the persons in his employ, distinguishing between those working under pay and those performing labor as required by section eight of this Act; the whole number of receipts deliv ered, distinguishing between those given for labor and those given for money; and the names of all delinquents. He shall also furnish a schedule of all property belonging to his Road District. Upon receiving the report of the Overseer, to be made on the last Monday in April, the Board of Trustees shall make a final settlement with the Overseers, and shall allow them for their services for each day actually and necessarily employed by them upon the roads in their respective districts, not exceeding the sum of five dollars per day, which sum may be retained by the Overseers out of the money collected by them in their re spective districts. The Road Overseers shall also be entitled to retain the sum of fifty cents for each road receipt delivered by them for cash; but the time spent by the Overseers in selling receipts for cash shall not be construed as time spent in actual work on the roads. SEC. 17. Each Road Overseer shall be the custodian of all And be responsible personal property belonging to his district, and shall be respon- for district sible for its loss. He shall deliver the same to his successor in property. office on demand, and take a receipt of him for the same, specifying each article, which receipt shall be deposited in the Township Clerk's office. list to be given to Overseer. SEC. 18. The delinquent list of the year next preceding, Delinquent shall be transferred by the Township Clerk to the Road Over-te e seer of the proper district in each township, and the same shall Road be collected in the same manner as is hereinbefore provided for the collection of road taxes for the current year then next ensuing; and the Road Overseers shall be entitled to the same compensation for collecting the delinquent list as they are entitled to receive for collecting the road tax as provided in the provisions of this Act. road. SEC. 19. If any person shall wilfully obstruct any public Penalty for highway, or any street or lane, by felling any tree across the obstructing same, or by placing any other obstruction therein, or shall destroy any ford or crossing of any creek, gulch, river, or stream of any character, by digging away the banks, or by damming, deepening, or widening the same, or by filling up, or in any manner injuring or destroying any gutter or sewer constructed for the purpose of carrying away water from any road, he or they shall be liable to a prosecution before any Justice of the Peace of the township, by any Overseer of the Road District in which the offence is committed, and upon conviction, shall pay a fine of not less than twenty nor more than fifty dollars, and shall forfeit five dollars for every day he shall suffer such obstruction to remain after he shall have been ordered to remove the same by the Overseer; provided, that if any person or persons shall Proviso. wish to dig or construct any ditch across any public highway, street, or lane, for the purpose of conveying water for mining, mechanical, agricultural, or other necessary or useful purpose, they shall be permitted to dig or construct such ditch, in which case the owner or owners of such ditch shall construct or cause to be constructed and keep in repair, at their own expense, good and substantial bridges or crossings over such ditch. If the owner or owners of any such ditch or ditches shall fail or neglect to construct such bridges or crossings, and keep the same in repair, he or they shall be liable to prosecution and fine, as hereinbefore provided in this section. SEC. 20. If any person shall wilfully destroy or injure any Further bridge, plank road, or causeway, or remove any of the plank or penalty. Actions, how Fines. Failure of timber therefrom, or cut down or injure any tree planted or growing as a shade tree in any highway, street or lane, or damage any such highway, street, or lane, by digging in it, he shall be liable to be prosecuted before any Justice of the Peace of the township, by the Road Overseer of the district in which the offence is committed, and on conviction, shall be fined in any sum not less than five nor more than one hundred dollars. SEC. 21. All actions commenced under the provisions of this Act shall be in the name of The People of the township in which the action is commenced; and no officer or resident of such township, otherwise competent, shall be deemed incompetent to act as such officer, or as a juror or witness in such case, because of any interest he may have in the event of such suit, by reason of his being a resident of such township merely. SEC. 22. All fines collected under the provisions of this Act shall be paid into the Township Treasury, as a Road Fund for the benefit of the roads in the district in which the same is collected. SEC. 23. Any Road Overseer who shall fail to remove or perform duty cause to be removed any obstructions in the roads of their respective districts, within a reasonable time after being notified that such obstruction exists, shall be liable, upon conviction before any Justice of the Peace, at the suit of any citizen, to be fined in any sum not exceeding twenty-five dollars and costs, and shall forfeit the sum of five dollars for each and every day thereafter that he shall suffer such obstruction to remain, to be recovered in like manner at the suit of any citizen; he shall also be liable on his bond for all damages resulting from such obstruction. SEC. 24. All Acts or parts of Acts which conflict with the provisions of this Act, so far as they relate to the County of Nevada, are hereby repealed. SEC. 25. The provisions of this Act shall not apply to any city or incorporated town in Nevada County. SEC. 26. This Act shall be in force from and after the first Monday in May, A. D. eighteen hundred and sixty-three. Officers to be elected. CHAP. CCVI.-An Act amendatory of an Act amendatory of and supplementary to an Act to incorporate the Town of Columbia, in the County of Tuolumne, approved April ninth, one thousand eight hundred and fifty-seven, approved March twenty-fifth, eighteen hundred and fifty-eight. [Approved April 14, 1863.] The People of the State of California, represented in Senate and SECTION 1. Section four of said Act is hereby amended so as to read as follows: Section 4. There shall also be elected, in like manner, on the said second Monday in May of each year, a City Treasurer and Assessor, who shall each hold office for one year, and until their successors are elected and qualified. They shall, before entering upon the duties of their several offices, take and subscribe the oath of office as prescribed by law, and shall give bonds, in such sum as the Board of Trustees may determine, for the faithful performance of their official duties. Their duties shall be defined by the Board of Trustees, and they shall receive such compensation for their services as the Trustees may, from time to time, direct; provided, that the salary of the Treasurer shall in no event exceed the sum of fifty dollars per annum, and the salary of the Assessor the sum of one hundred dollars per annum. SEC. 2. Section five of said Act is hereby amended so as to read as follows: Collector. Section 5. The Board of Trustees shall have power to appoint Duty of a Collector of city taxes and licenses, and to fix his compensation; the same not to exceed five per cent on the amount of taxes and licenses collected. The said Collector, before entering upon the duties of his office, shall take and subscribe the oath of office prescribed by law, and shall give bonds, in such sum as the Trustees may direct, for the faithful performance of his official duties. They shall also have power to open, alter, Powers of extend, establish, pave, grade, gutter, or otherwise improve and Trustees. regulate streets, lanes, and alleys; provided, that no street shall be graded, paved, or guttered, except at the solicitation of a majority of the lot owners on said street or section of street so proposed to be graded, paved, or guttered, and that the expense thereof shall be apportioned to and paid by the several lots adjacent to such improvements, according to the number of feet in front they shall severally contain; to regulate and establish the grade and width of sidewalks and public crossings, and prevent obstructions in or upon the same; to construct and keep in repair bridges; to erect any public buildings, reservoirs, or aqueducts, for the use of said city, and raise money by tax to erect or construct the same with, which money so to be raised, shall be assessed upon and collected from the inhabitants of said city, in the same manner as other taxes are assessed and collected; provided, that no taxes shall be assessed or collected for Proviso. erecting any public buildings, reservoirs, or aqueducts, without the consent of the legal voters, expressed by ballot, at a special election called by the Trustees to vote upon such question; to open and establish public squares, and burial grounds; to construct flumes or aqueducts for drainage and relieving the streets and thoroughfares of the city from water; and to prevent and restrain the running of water for private purposes, by individuals or private associations, over and through said streets and thoroughfares. They shall have power to organize and support Powers of Common Schools and Academies; to make regulations for securing the health, cleanliness, ornament, peace, and good order of the city; and, in the event of an epidemic or contagious disease, to appoint a Board of Health, to consist of not less than seven members, and a competent Physician, to be the Health Officer thereof, all of whom shall serve without fee or compensation; Trustees. Taxes. Licenses. Elections. to make regulations for preventing and extinguishing fires; to organize and control the Fire Department; and to divide the city into two or more wards, and establish the boundaries thereof. They shall have power to levy and collect taxes, not exceeding one per cent per annum on the assessed value of the real and personal property of the city, for defraying the ordinary expenses of the city, and for the support of Free Schools; provided, one fourth, at least, of such tax so raised shall be appropriated to the support of such schools; to license exhibitions, theatres, circus companies, shows, amusements, bowling alleys, and billiard tables, saloons, bars, and drinking places, auctioneers, bankers, peddlers, pawnbrokers, raffles, and lawful games; to suppress all occupations, places, houses, and exhibitions, which are against good morals and contrary to public order and decency; to regulate and prevent the erection of slaughter houses within the city limits; to remove and abate nuisances, and to prevent and restrain riots or disorders; to prohibit the running at large, within the corporate limits of the city, of all cattle, goats, sheep, hogs, or other animals, and to impound and sell the same, after public notice of ten days, unless the fees and expenses then accrued for impounding shall be paid by the owners or claimants of the animals so impounded, and if sold, any balance remaining, over and above the fees, expenses, and costs of sale, shall be paid by the party receiving the purchase money to the owner or claimant of the property sold; to prohibit and restrain the running at large of dogs, and to license the keeping of the same, and may cause to be killed all dogs found at large upon which the license has not been paid; and if any party shall neglect, refuse, or fail to pay any license provided for under the provisions of this Act, in such sum or sums as the Board of Trustees shall, by ordinance, establish, the same may be recovered of such party, by suit, in the name of The City, before any Court of competent jurisdiction, together with all costs of suit. SEC. 3. Section seven of said Act is hereby amended so as to read as follows: Section 7. All elections and returns under this Act shall be regulated in the same manner as is prescribed in the Act providing for general State elections. The Trustees shall have power to appoint Judges and Inspectors of Elections, and to provide for their compensation, which shall in no case exceed the sum of three dollars per day to each person, and to judge of the correctness of election returns and determine contested elections. Whenever any vacancy shall occur, from death, removal, or from any other cause, in the Board of Trustees, or in the office of City Treasurer or Assessor, the Trustees shall, if the unexpired term exceeds the period of six months, order an elecVacancies. tion to fill such vacancy, giving at least five days public notice of such special election. If the unexpired term be less than six months, the Board of Trustees shall proceed to fill such vacancy by appointment. If any person fail to pay any tax levied upon his or her real or personal property, the Collector may collect and recover the same by suit, in the name of The City, before any Court of competent jurisdiction, together with all costs of suit, or may enforce the collection of such taxes by seizing and selling |