Assessment roll. Separate accounts. Penalties for highway. to assess all persons and all property liable to be taxed, as follows: First-Every person liable to pay a road poll tax shall be assessed in the road district in which such person resides, and the Assessor shall place in a separate column, headed "Road Poll Tax," opposite the names of the party assessed, the figure two. Second-All property liable to taxation shall be assessed in the road districts 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 in a separate column carry out the road poll tax chargeable against every person assessed; also, in another column, headed "Road Tax," the amount of all tax chargeable against each taxable inhabitant for road. purposes. And the Assessor shall also, in the same column in which the name of the person taxed is written, opposite or under his name, designate the township in which the taxpayer resides, or in which the property taxed may be situated; 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 Auditor, in computing the taxes on the assessment roll, to carry out in a separate money column the amount of the road tax, and with it the road poll tax opposite the amount assessed. He shall also procure suitable and uniform poll tax receipts, which receipts he shall number and sign as such Auditor, and shall deliver, taking a receipt therefor, to each Road Superintendent the number required by such Road Superintendent, which shall be charged to such Road Superintendent in a suitable book kept for such purpose; and each Road Superintendent shall account to the Auditor for such receipts on the last day of such Road Superintendent's official term. SEC. 19. It shall be the duty of the Tax Collector to keep 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 various Road Superintendents proper blank receipts for road tax paid in labor. SEC. 20. Any person or persons, or body politic or corporate, obstructing who shall obstruct any public highway, either by placing any obstruction therein, or by digging and 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 Road Superintendent of any district wherein such obstruction exists to prosecute for such offence on behalf of the county; and the person so obstructing shall, on conviction thereof, be punished by a fine of not less than ten, nor more than fifty dollars, to be collected as other fines; and he shall further be liable, at the suit of the Road Superintendent 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. bridges or SEC. 21. Any person or persons who shall wilfully injure or Injuring destroy any bridge or other portion of a public highway in such trees. 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 dollars, or imprisonment in the County Jail for not more than thirty [days], or by both fine and imprisonment; and it shall be the duty of the Road Superintendent in any district to prosecute, in behalf of the county, any persons so offending within his road district. All fines collected under the provisions of this Fines. Act shall be paid into the County Treasury, and become part of the Road Fund of the district in which said malicious mischief was committed. SEC. 22. The Board of Supervisors shall, at their first regular Present debt meeting after the passage of this Act, apportion the present debt against the Road Fund of the county; and of the tax in this Act authorized to be levied and collected, and which shall hereafter be collected, twenty cents on each one hundred dollars worth of taxable property assessed shall be by the County Treasurer set apart as a separate fund for the redemption of the Redemption. present outstanding indebtedness against the Road Fund, to be applied in payment of such indebtedness, and upon the warrants drawn upon such fund, in the order of their registration, and the residue of forty cents on each one hundred dollars shall be applied to indebtedness hereafter to accrue; provided, that after the year eighteen hundred and seventy there shall be levied and collected on the taxable property, for road purposes, a sum not exceeding thirty cents on each one hundred dollars worth of taxable property, in place of sixty cents authorized in the thirteenth section of this Act. qualifies. SEC. 23. Whenever a Superintendent of Roads shall have when Subeen appointed by the Board of Supervisors for any or all of perintendent the road districts, and such Superintendent shall have been qualified by taking the oath of office and given bonds as in this Act provided, the powers and duties of the Supervisor of such district as Superintendent of Roads shall cease, and all the powers and duties of such Superintendent of Roads shall devolve on the person so appointed. roads. SEC. 24. Any person or persons desiring to establish a road Private for private convenience, and wish it not intended for the benefit of the traveling public generally, may do so by consent of the parties owning the lands affected thereby; but such consent, together with a specific description of the proposed private road, and the conditions in reference to gates, inclosures or other matters agreed upon, shall be filed with the Board of Supervisors or their Clerk; and upon the filing of such consent and specific description, such road shall be recorded in the Road Record of the county, and shall become, to all intents and pur Repairs. taken. poses, a private road for the use of parties interested; provided, that the parties for whose benefit such roads are established shall keep them in repair at their own expense, except that they may, by special consent of the Road Superintendent of the district, expend the amount of their poll tax upon such private roads, and for such services they shall receive a certificate from the Road Superintendent, on the same conditions and for the same purposes as provided for labor on public roads. Whenever any person or persons wishing to establish a private road, and Lands to be from any cause are unable to obtain the consent of the parties owning the lands affected thereby, the same measures shall be taken and the same law shall apply thereto as in the establishment of public roads, except that only one petitioner shall be necessary; and in the assessment of damages the Road Viewers shall contemplate the erection of good and sufficient gates or such other means of protection as the petitioner or petitioners may propose to erect; and the final establishment of such private roads shall be conditioned upon erection and keeping in repair of all such gates or safeguards provided for and the payment of all such costs as may have accrued or such damages as may bave been assessed, and every order establishing a private road shall specify the width of such road, which shall not exceed thirtythree feet. SEC. 25. This Act shall take effect immediately, and all Acts and parts of Acts in conflict with this Act, in their application to Contra Costa County, are hereby repealed. Unlawful deposits. Penalty. CHAPTER CCXXXIII. An Act to provide for the protection of the Harbor of the City and [Approved March 23, 1868.] The People of the State of California, represented in Senate and SECTION 1. It shall be unlawful for any persons to deposit any mud, dirt, stone or other material in the waters of the Bay of San Francisco, within two thousand yards of the city front of said city; provided, that this Act shall not conflict with any ordinance that may now or hereafter be in force by the Board of Supervisors of said city in regard to the deposits by night workmen. SEC. 2. Any person or persons violating the provisions of this Act shall be guilty of a misdemeanor, and shall be punished by a fine not exceeding one hundred dollars, or by imprisonment in the County Jail of said city and county not exceeding thirty days, or by both such fine and imprisonment, to be taken cognizance of by any Court of the City and County of San Francisco of competent jurisdiction, upon information by any person or persons. SEC. 3. This Act shall take effect from and after its passage. CHAPTER CCXXXIV. An Act concerning hogs found running at large in the County of Monterey. [Approved March 23, 1868.] The People of the State of California, represented in Senate and SECTION 1. Any person or persons, the owner, proprietor or May be occupant of any premises in the County of Monterey, whether taken up. such premises be inclosed or not, may take up any and all hogs found trespassing on his, her or their premises, and safely keep the same at the expense of the owner or owners of such hogs so found trespassing. SEC. 2. All persons taking up hogs found trespassing upon Notice. their lands, or upon lands upon which they are occupants, whether such lands be inclosed or not, shall immediately thereafter post written notices in three public places in said county containing the ear mark, and other marks of such hogs, whereby their owners may identify them as their property. SEC. 3. If the owners of such hogs come forward within five Released, days after the time such notices were posted and prove them to be their property, the person taking them up shall deliver them to such owners upon their paying all costs and charges and damages sustained by reason of their trespassing. SEC. 4. If, however, the owners do not come forward within Sold. five days after posting such notices, then the person taking up such hogs shall immediately notify a Constable of the township wherein the trespass has been committed, and said Constable shall proceed to sell at public auction, after giving five days notice of such sale by posting notices of such sale in three public places in said township, all such hogs so taken up; provided, however, that the owners may prove their property and take and receive the same by paying all costs, charges and expenses of keeping, and all damages accruing by reason of such trespass, at any time before such sale takes place. SEC. 5. If the parties cannot agree as to the amount of costs, Costs. charges and expenses, and damages, then each party may choose one disinterested person, and they may choose a third person, and the three persons so chosen shall determine the amount thereof. Should the owners not come forward, then the Constable shall appoint three disinterested persons to determine the amount. SEC. 6. The fees of Constables for making sales under the Fees. provisions of this Act shall be the same as are allowed by law for sale under execution. SEC. 7. If there should be any surplus money arising from Surplus. such sales after paying all costs, charges and expenses, and damages, the Constable shall pay the same to the owners of such hogs sold, provided they prove they are entitled to it within twenty days after the sale; if not, then he shall pay it to the County Treasurer of said county, taking his receipt for the same. Default in paying. SEC. 8. All money paid to the County Treasurer under the provisions of this Act shall become a part of the County School Fund. SEC. 9. Any Constable refusing or neglecting to pay the owners or the County Treasurer the surplus of money derived from such sale shall be liable for the same on his official bond, and shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by fine not exceeding one hundred dollars. SEC. 10. All Acts and parts of Acts inconsistent with the provisions of this Act, so far as regards the County of Monterey, are hereby repealed. This Act shall take effect and be in force from and after its passage. Authorized. Location. CHAPTER CCXXXV. An Act to authorize the Board of Supervisors of Sutter County to enter upon, condemn and take possession of a certain tract of land to be used as a public grave yard. [Approved March 23, 1868.] The People of the State of California, represented in Senate and SECTION 1. The Board of Supervisors of the County of Sutter are hereby authorized and empowered, at the time specified in section three of this Act, to enter upon, condemn and take possession of the following tract, piece or parcel of land, situated in said Sutter County, and described as follows, to wit: Beginning at a post marked "A" on the west bank of the Yuba City Slough, in the northern line of the county road running southwesterly from the Feather River Bridge, from which a white oak tree marked "A," twenty inches in diameter, bears north, forty-seven and a half degrees west, two hundred and nineteen links distant, and the northwest post of the bridge across said slough bears south, fifty-five and one fourth degrees east, seventy-three links distant; thence, according to the true meridian-the variation of the magnetic needle being fifteen degrees east-north, five and one fourth west, six chains and seventy links, to a post marked "A" in the fence on the south side of Webb's field; thence south, eighty-four and three fourths degrees west, four chains and fifty links, to a post in Webb's field marked "A"; thence south, five and one fourth degrees east, eight chains and thirty-five links, to a post "A," on the side of ditch in the north line of the road from Feather River Bridge; thence north, sixty-five degrees. east, four chains and eighty links, to the place of beginning; containing three acres and forty one hundredths of an acre, more or less. Said tract or parcel of land to be kept and used under the exclusive control of said Board as and for a public grave yard, to be called and known as the " Yuba City Burying Ground." SEC. 2. At the first regular meeting of said Board after the |