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. 37. If any award of damages is rejected, the Board suit for right must, by order, direct proceedings to procure the right of of way. way to be instituted by the District Attorney of the county, under and as provided in Title Seven, Part Three of the Code of Civil Procedure, against all non-accepting land owners, and when thereunder the right of way is procured, the road must be declared a public highway, and opened as herein before provided; but if any non-consenting land owner does not recover a greater amount of damages than shall have been allowed him by the Board of Supervisors, then he shall pay all costs and expenses incurred by reason of the suit or other proceedings instituted in the matter.

SEC. 38. All awards by agreement, ascertainment by the Awards, etc. 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. 39. All highways must be at least sixty feet wide, Width of except those now existing of a different width.

highways.

roads.

SEC. 40. Private or by-roads may be opened, not less than Private twenty nor more than sixty feet in width, for the convenience 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 for whose benefit the same is required paying the damages awarded to land owners, and keeping the same in repair.

condemned.

SEC. 41. In all cases where consent to use the right of Description way for a highway is voluntarily given, purchased, or con- of land demned and paid for, either an instrument in writing conveying the 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.

etc.

SEC. 42. Whenever highways are laid out to cross rail- Crossing roads, canals, or ditches on public lands, the owners or roads, corporations using the same must, at their own expense, so prepare their roads, canals, or ditches, that the public highway 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 simple right to cross the same.

fences.

SEC. 43. When the alteration of an old, or the opening of Removal of a new road, makes it necessary to remove fences on lands given, purchased, or condemned by order of a Court, for road or highway purposes, notice to remove the fences must be given by the Road Overseer to the owner, his occupant or agent,

Public bridges.

Proposals for building.

Repairs to

bridges.

Petition for bridge.

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 cost of such removal, and the fence material may be sold to satisfy the judgment.

SEC. 44. Bridges crossing the line between road districts must be constructed at the expense of the Road Fund of the districts into which such bridges reach. All other public bridges must be maintained by the road district in which they are situated, unless the Board of Supervisors, before any expense is incurred, direct the payment of the same, or some part thereof, out of the General Road Fund.

SEC. 45. No bridge, the cost of the construction or repair of which will exceed the sum of three hundred dollars, must be constructed or repaired, except on order of the Board of Supervisors. When ordered to be constructed or repaired, the contract therefor must be let out to the lowest bidder, after reasonable notice given by the Board of Supervisors through the Road Overseer, by publication for at least two weeks in a county newspaper; and if none, then by three posted notices, one at the Court-house, and at the point to be bridged, and at some other neighboring place; the bids to be sealed, opened, and the contract awarded at the time specified in the notice. The contract and bond to perform it must be entered into to the approval of the Board of Supervisors.

SEC. 46. If the Road Overseer of one district, after five days' notice from the Overseer of an adjoining district to aid in the repair of a bridge in which each are interested, fails so to aid, the one giving notice may make the necessary repairs, and must be allowed a pro rata compensation therefor by the Board of Supervisors, out of the Road Fund of the defaulting district.

SEC. 47. If the Overseer of any road district, chargeable with the repair of a bridge, fails to make the needed repairs after being informed that a bridge is impassable or unsafe. and is requested to make the same by two or more freeholders of the district in which it is situated, or the two districts which it unites, the freeholders may represent the facts to the Board of Supervisors, who, upon being satisfied that the bridge is unsafe, must cause the same to be repaired, and must pay therefor from the funds of the district chargeable therewith.

SEC. 48. When a bridge, the cost of which will exceed three hundred dollars, is necessary, any five or more freeholders of the road district interested therein, may petition the Board of Supervisors for the erection of such needed bridge; the Board must thereupon advertise such application, giving the location and other facts, for two weeks, in a newspaper printed in the county; if none, then by posters, one at the proposed location, one at the Court-house, and one at some other public place in the county, and notify the Overseer to attend, at a certain time and place, to hear the application.

SEC. 49. On the day fixed to hear the application, proof Letting of of the notice given being made satisfactory, the Board must contract. hear the petition, examine witnesses, and determine whether or not a bridge is necessary as petitioned for. If found to be so, the Board must determine the character of the bridge to be constructed, prepare plans and specifications, and invite bids, let the contract, and have the same erected, and provide for the payment thereof, as herein provided.

SEC. 50. Road Overseers must, in their official reports, 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, the amount expended thereon, from what source derived, and the present and prospective condition thereof.

SEC. 51. The county is responsible for providing and Hearing of keeping passable and in good repair, bridges and all public ports. highways; and the Supervisors must appoint semi-annually a special meeting, at which the Road Overseers, on days set apart for their respective districts, to hear highway and bridge reports, and complaints from officers and citizens, when such orders must be made and such action had regarding the same as the public welfare demands.

SEC. 52. If any highway duly laid out or erected is Encroachencroached upon by fences, buildings, or otherwise, the ments. Road Overseer of the district may, orally or in writing, require the encroachment to be removed from the highway.

SEC. 53. Notice must be given to the occupant or owner Same. of the land, or person causing or owning the encroachment, or left at his place of residence, if he reside 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. 54. If the encroachment is not removed, or com- Same. menced to be removed and diligently prosecuted, prior to the 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.

SEC. 55. If the encroachment is denied, and the owner, Same. occupant, or person controlling the matter or thing charged with being an encroachment, refuses either to remove or 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 recovers judgment, he may, in addition to having the same abated, recover ten dollars for every day such nuisance remained after notice, and also his costs in such action.

SEC. 56. If the encroachment is not denied, but is not same. removed for five days after the notice is complete, the Road Overseer may remove the same at the expense of the owner, occupant, or person controlling the same, and recover his costs and expenses, as also, for each day the same remained

Gates on highways.

after notice was complete, the sum of ten dollars, in an action for that purpose.

SEC. 57. No gates must be allowed on any public highway duly laid out, except on highways running through lands subject to overflow, and to such extent as to remove the fences. When so allowed, they must be erected and maintained at the expense of the owner or occupant at whose request or for whose benefit they were erected. If such expense is not paid the gate must be removed as an obstruction.

SEC. 58. Any one who leaves open such gate, or willfully or unnecesarily rides over ground adjoining the road on which the gate is erected, forfeits to the injured party treble damages. SEC. 59. Whoever obstructs or injures any highway, or obstructing obstructs or diverts any water-course thereon, is liable to a penalty of five dollars for each day such obstruction or injury remains, and must be punished as provided in section five hundred and eighty-eight of the Penal Code.

Penalty for

Injury to

SEC. 60. Whoever removes or injures any mile-board, or mile-boards. mile-stone, or guide-post, or any inscription on such, erected on any highway, is liable to a penalty of ten dollars for every such offense, and punishable as provided in section five hundred ninety of the Penal Code.

Obstructions.

Fine for fast driving.

Injury to trees.

SEC. 61. Any person may notify the occupant or owner of any land from which a tree or other obstruction has fallen upon any highway, to remove such tree or obstruction forthwith. If it is not so removed, the owner or occupant is liable to a penalty of one dollar for every day thereafter, till it is removed, and the cost of removal.

SEC. 62. Whoever cuts down a tree so that it falls into any highway, must forthwith remove the same, and is liable to a penalty of five dollars for every day the same remains in such highway.

SEC. 63. Road Overseers may put up on bridges under their charge, notices that there is "five dollars fine for driving on this bridge faster than a walk." Whoever thereafter rides or drives faster than a walk on such bridge is liable to pay five dollars for each offense.

SEC. 64. Whoever digs up, cuts down, or otherwise injures or destroys any shade or ornamental tree, unless the same may be deemed an obstruction by the Road Overseer, and removed under his direction, planted or standing on any highway, forfeits twenty-five dollars for each tree, to be recovered by an action in the name of the Road Overseer as plaintiff, in any Justice's Court in the county.

SEC. 65. The Act concerning roads and highways in Sacramento County, approved April second, eighteen hundred and seventy (except section twenty-five, which is continued in force), is hereby repealed.

SEC. 66. This Act shall be in force and effect from and after its passage, but nothing in this Act shall be construed to affect the laws in relation to the government of the City of Sacramento.

CHAP. CCCCLX.-An Act to incorporate the Town of Colusa. [Approved April 1, 1876.]

The People of the State of California, represent[ed] in Senate and Assembly, do enact as follows:

SECTION 1. The territory described in section two of this Corporate Act, and the inhabitants therein residing, are hereby declared name. to be a municipal corporation, under the name and style of "The Town of Colusa," and by that name and style they and their successors shall be known in law; shall have perpetual succession; may sue and be sued; may have and use a common seal; may grant, sell, purchase, receive, and hold property, real and personal, within said town, and may control, manage, regulate, lease, or otherwise dispose of the same for the benefit of the town.

SEC. 2. The boundaries of said Town of Colusa shall be as Boundaries follows: Commencing at the northeast corner of lot number of town. one, of block number one, of said town, as laid down on the official map thereof, now on file in the County Recorder's office of Colusa County, which corner is about one hundred feet from the west bank of the Sacramento River, and on the west line of that certain tract of land commonly known as the "Belden Tract;" thence south, seventeen degrees west, four thousand and twenty feet, to a stake corner of said town and lands owned by W. C. Swinford, Jerry Powell, and G. W. Ware; thence north, seventy-three degrees west, five thousand one hundred and twenty feet, to a stake; thence north, seventeen degrees east, four thousand one hundred and twenty feet, to a stake; thence south, seventy-three degrees east, two thousand eight hundred and eighty feet, to a stake; thence north, seventeen degrees east, to the middle of the channel of said Sacramento River; thence down and along the middle of said channel to a point from which a course south, seventeen degrees west, would touch the place of beginning, and thence in a right line to the place of beginning.

vested.

SEC. 3. The Government of said town shall be vested in a GovernBoard of Trustees, to consist of five members, a Town Re- ment, how corder, a Town Marshal, a Town Treasurer, and a Town Secretary. The Trustees, Marshal, Treasurer, and Secretary shall be elected by the qualified electors of said town, at an election to be holden on the first Monday of May, in the year one thousand eight hundred and seventy-six, and the same officers and a Town Recorder on the first Monday in May every two years thereafter. They shall enter upon the discharge of their official duties on the first Monday of June next succeeding their election, and shall hold office for two years, and until their successors are duly elected and qualified.

SEC. 4. It shall be the duty of the Board of Trustees to Town call all elections under this Act, to designate the time and elections. place of holding the same, giving at least two days' notice. thereof; to appoint one Inspector and two Judges of Election, who, with two Clerks to be appointed by them, shall