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SEC. 8. It shall be the duty of the Clerk of the Court of Sessions
ed supervisors to of each county, to make out and deliver to the Sheriff, written notices
to all the persons who have been appointed supervisors as aforesaid, within ten days after such appointment shall have been made, informing such persons of said appointment, and describing the bounda ries of their district, and the Sheriff shall deliver the said notices to the persons to whom they shall be directed respectively and if the person to whom such notice is delivered, shall refuse to accept the office of supervisor, the Sheriff shall return said notice, noting such refusal on the back thereof.
Penalty for refusing to accept appointment.
Supervisors to return names of
parties liable to be taxed.
Supervisors exempt from military tax.
SEC. 9. When any person shall refuse to accept the appointment of supervisor, he shall be fined in the sum of twenty dollars, and in all cases where the office of supervisor is vacated, the Court of Sessions shall fill the vacancy at its first session thereafter.
SEC. 10. If the supervisor shall accept such appointment it shall be his duty, within fifteen days thereafter, to return to the Clerk of the Court of Sessions, a list of all persons residing in his road district, liable to be taxed for road purposes: Provided, that said supervisor shall not be required to make such return unless the Court of Sessions shall levy a tax for road purposes: and said supervisor shall be exempt from military tax, during the time of his holding said office.
Supervisors to keep roads in
SEC. 11. It shall be the duty of the supervisor to cause all the repair, and erect public roads within his district to be kept clear from obstruction and
May hire laborers, etc.
in good repair, causing banks to be graded and bridges and causeways to be made where the same may be necessary, and to keep the same in repair; and to cause to be erected and kept in repair, posts and guide-boards, with inscriptions thereon, in letters and figures, giving the direction and distance to the most noted places to which said road may lead.
Supervisors may call upon persons
SEC. 12. When any public road shall be obstructed, or bridge or
liable to labor on causeway shall be destroyed or out of repair, it shall be the duty of
the supervisor to cause such bridge or causeway to be rebuilt or repaired, and such obstruction to be removed, and for that purpose he shall call out the persons required to labor on public roads in his district, or the necessary number; but if the persons, or any of them, so called out by him, shall have performed the number of days work required by law, or if the labor due from such persons shall not be sufficient, he shall proceed to hire as many laborers or teams as may be necessary to remove such obstruction, or repair such damage: Provided, the cost of the same shall not exceed fifty dollars: but if the cost of the labor shall exceed that sum, he shall report the same
be done by order
to the Court of Sessions, whose duty it shall be to provide for the When repairs to removal of such obstructions, or repairing of such bridge or causeway, of sessions. either by ordering the supervisor to hire laborers and teams for that purpose, or by making a contract with some suitable person or persons, as they may deem best; and all moneys necessary to carry the provisions of this section into effect, shall be paid out of the County Treasury.
how notified that
SEC. 13. It shall be the duty of the supervisor of each district, to Persons liable call on every person liable to work on roads, when any road in his their labor is district needs work or repairs, to perform the number of days work due for the year, giving such person at least three days notice, and the time and place and the necessary tools for said road work. The supervisor can appoint any person liable to work in his district, to notify the persons of the time and place appointed, and such notice shall be legal and binding as the notice from the supervisor would be, and every person required to notify hands to work on the road, by a supervisor, shall be entitled to credit on his road tax, for the time he is so employed.
SEC. 14. Each person shall be required to work diligently, and a reasonable number of hours in each day, and upon the failure or refusal of any person to attend or perform the work due on the road, after being notified as above, either by himself, or by a substitute equally able as himself, he shall be liable, and pay for each day, the usual price of such a day's labor; and if any such person shall wil- Penalty for infully neglect, or turbulently interrupt the other hands upon duty, the sons at work. supervisor may discharge such person from the road, and he shall be liable for and pay, for each day's labor that may be due from him, the usual charges for such labor.
refusing to work
personally or by
SEC. 15. It shall be the duty of the supervisors to prosecute suits Supervisors to before Justices of the Peace, in their official capacity, against all fines. persons for neglect or refusal to work, and for all labor or liability which may be due, or incurred under this act, in their respective districts, and which may remain unpaid after due notice given; and such supervisors shall be competent witnesses in all such suits, and May be witnesses. appeals may be taken from the judgments thereon, as in other cases. Appeal.
SEC. 16. All fines and forfeitures incurred under the provisions of Application of fines, etc. this act, shall be applied to the improvement of public roads within the limits of such road districts, wherein such fines and penalties may have been incurred.
SEC. 17. At the first term of the Court of Sessions, held in each Supervisors to year, each supervisor of the county shall make a report to said court,
showing the whole number of days work done, the amount of money collected, the amount of money paid out, naming all delinquents; also, reporting the condition of the roads in his district.
Penalty on supervisors for
SEC. 18. Any supervisor neglecting to perform any of the duties neglect of duty. required of him by this act, shall be liable to, and forfeit to the use
of his county, any sum not less than ten nor more than two hundred dollars, and he shall also pay over to the county all moneys that he may have collected under this act, not otherwise legally appropriated.
SEC. 19. Any person or persons wishing a cart road laid out for his or their convenience, from the dwelling or plantation of such persons to any public road, or from one public road to another, shall present a petition to the Court of Sessions, setting forth the reasons for desiring such road, describing the points from and to which said cart way is desired to pass, and the court shall, after a sufficient sum of money shall have been deposited, proceed to view and mark out such cart road, and appoint three freeholders to view the same: Provided, that twenty days notice shall be given of the intention to present such petition, to each person through whose land such cart road is desired to pass, and also by posting up notices in two public places in the neighborhood of such intended road; and the reviewers, when appointed, shall proceed to examine the route proposed, and also any other route they may deem proper, from and to the points named in the petition, and if they shall be of opinion that a cart road is necessary and proper from and to the points named in the petition, they shall lay out the same in such manner as to produce the least inconvenience to the parties through whose lands said road shall pass, and shall make a written report to the court, describing the route and the number of lots of land through which the same shall pass, and naming the owners thereof, if known; which report shall be examined by the court, and if, on hearing the objections, if any, it shall be of the opinion that the road is necessary, an order shall be made, establishing the same: Provided, that said road shall not be made to pass through any orchard, garden, vineyard, or any valuable improvement.
Cart roadsnotice of petition for.
Proceedings on petition for.
Not to pass through
Court may order compensation to
SEC. 20. If any person shall make lawful objection to said road whose land road passing through his lands, and shall make it appear before
any court of competent jurisdiction, the said cart road shall not be opened through said lands, until damages are paid by the person or persons applying for said cart way, which damages shall be assessed by three householders of the county, appointed by the Court of Sessions; and on the payment of such damages, so assessed, the person so applying for such cart road shall have the right of opening said right of way.
AN ACT to provide for the incorporation of Railroad Companies.— [Passed April 22, 1853.]
The People of the State of California, represented in Senate and
instrument setting forth the
SECTION 1. Any number of persons, not less than twenty-five, Twenty-five or being subscribers to the capital stock of any contemplated railroad, may form a be formed into a corporation for the purpose of constructing, executing an may owning, and maintaining such railroad, of either single or double track, by complying with the following requirements: When an in- road. strument, setting forth the road intended to be built, and the name Name of of a person to act as Treasurer until articles of association have been adopted, and until a Treasurer has been duly elected, has been To be signed by signed by not less than twenty-five persons as aforesaid, and when twenty-five stock to the amount of at least one thousand dollars for every mile of the road so intended to be built, hall be in good faith subscribed, and ten per cent. paid thereon to the Treasurer named in said instru- to be subscribed ment; then (the said Treasurer having given notice in writing to all thereon. such subscribers, of a meeting to be held not less than twenty days notice of after the date of such notice,) the said subscribers, either in person or by written proxy, may adopt articles of association, and may elect Articles of from among the subscribers to said articles, thirteen Directors for said company.
Amount of stock
and amount paid
Treasurer to meeting.
Association. Directors of company.
Association to set forth.
SEC. 2. The said articles of association shall set forth the name of Articles of the corporation, the number of years the same is to continue, (which shall not exceed fifty years,) the amount of the capital stock of the company, (which shall be divided into shares of one hundred dollars company. each, and which shall be the actual cost of constructing the road, Amount of together with the cost of the right of way, motive power, and every and shares. other appurtenance for the completion and running of said road, as nearly as can be estimated by competent engineers,) the names of the Directors to manage the concerns of the company, subject to the restrictions hereinafter specified, who shall hold their offices until others are elected, the place from and to which the proposed road is to be constructed, and each county into and through which it is in- Route of road tended to pass, and its length as near as may be, and the names of Commissioners. five Commissioners to open books of subscription to the stock, which Commissioners shall be subscribers to said articles of association.
and names of
SEC. 3. Each subscriber to such articles of association, shall personally subscribe thereto his name, place of residence, and number of shares of stock taken by him in such company; and the said artifiled in office of cles, being so subscribed by not less than twenty-five persons, may,
after the provisions of section four are complied with, be filed in the
Manner of subscribing.
Subscribers to form a body corporate. Powers, etc.
Articles of association and requirements.
Board of Directors and organization.
Secretary and Treasurer to give bond.
Moneys received by temporary Treasurer.
Duties of Board of Directors.
Notices of meetings.
SEC. 4. When the amount of stock specified in the first section of this act shall have been subscribed, and ten per cent. on said amount shall have been actually and in good faith paid in cash, to the Treasurer appointed by the Directors named in such articles, and when there shall be endorsed on said articles, or annexed thereto, an affidavit made by at least three of the said Directors that said amount of stock had been subscribed, and that said ten per cent. has been actually paid in as aforesaid, and that the subscribers to said articles. are all known by one or the other of the said three Directors to be subscribers thereto, and to be the persons so represented; then the said articles of association may be filed in the office of the Secretary of State.
SEC. 5. The Directors named in the articles of association shall or ganize as a Board immediately after their election, notice in writing of the time and place of such meeting having first been given by the Treasurer to each Director, and at such meeting they shall appoint a President from among the Directors, and a Secretary, and a Treasurer, who shall be officers of the company as well as of the Board of Directors, and hold their respective offices until their successors have been duly qualified. The Secretary and the Treasurer, before they enter upon the performance of their duties, shall each give a bond, with sufficient surety for the faithful performance of their respective duties, which bond and sureties shall be approved and accepted by the Board of Directors. The temporary Treasurer required by the first section, shall pay over all moneys received by him as such Treasurer, to the Treasurer appointed by the Board of Directors, so soon as the latter has been qualified. The Board of Directors shall name, and give notice thereof to all the Commissioners, in two or more newspapers of this state in which notices of the time and place of all meetings of the company shall be published prior to any such meet