RECENT ROAD LAWS (IN FULL). Trees along highways. Road districts CALIFORNIA. [CHAPTER XCVIII.] AN ACT to amend sections two thousand six hundred and thirty-three, two thousand SECTION 1. Section twenty-six hundred and thirty three of the Political Code is hereby amended to read as follows: "SEC. 2633. Any owner or occupant of land adjoining a highway not less than three rods wide may plant trees in and along said highway on the side contiguous to his land. They must be set in regular rows, at a distance of at least twenty feet from each other, and not more than six feet from the boundary of the highway. If the highway is more than eighty feet wide, the row must not be less than six nor more than twelve feet from the boundary of the highway. Whoever willfully injures any of them is liable to the owner or to the occupant for the damage which is thereby sustained: Provided, That if in the judgment of the board of supervisors, the whole width of such road is needed for use for highway purposes, the whole thereof may be so used." SEC. 2. Section twenty-six hundred and forty-one of said act is hereby amended to read as follows: "SEC. 2641. The board of supervisors of the several counties shall divide their respective counties into suitable road districts, and may change the boundaries thereof, and each supervisor shall be ex-officio road commissioner in his supervisor district, and shall see that all orders of the board of supervisors pertaining to the roads in his district are properly executed: Provided, That when in any county the members of the board of supervisors thereof are not elected by districts, it shall be the duty of such board, by proper order, to be entered in its records, to divide such county into supervisor districts to correspond with the number of members of such board, and to assign to each member thereof one of such districts, of which he shall be such road Compensation commissioner; when not otherwise provided by law he shall receive for his services as such road commissioner twenty cents per mile, one way, for all distances actually traveled by him in the performance of his duties: Provided, That he shall not, in any one year, receive more than three hundred dollars." of road commissioner. SEC. 3. Section twenty-six hundred and forty-three of said act is hereby amended to read as follows: 12 "SEC. 2643. The boards of supervisors of the several counties of the State shall have general supervision over the roads within their respective counties. They must, by proper order— "1. Cause to be surveyed, viewed, laid out, recorded, opened, and worked, such highways as are necessary to public convenience, as in this chapter provided. "2. Cause to be recorded as highways such roads as have become Highways. such by usage, dedication, or abandonment to the public. Also all such streets and roads as have been or may be declared such under section seventeen hundred and sixty-four of the Code of Civil Procedure. Abolish roads. of way. "3. Abolish or abandon such as are not necessary. "4. Contract, agree for, purchase, or otherwise acquire the right of Acquire right way over private property, for the use of public highways, and for that purpose institute, or require the district attorney to institute, proceedings under title seven, part three, of the Code of Civil Procedure, and to pay therefor from the district road fund of the particular district. "5. Levy a property tax for road purposes. "6. In their discretion, cause to be erected and maintained on the highways they may designate milestones, or posts, or guideposts properly inscribed. Levy a tax. Guideposts. "7. Cause the road tax collected each year to be apportioned to the Road tax. several road districts entitled thereto, and kept by the treasurer in separate funds. Audit claims. gates, etc. "8. Audit all claims on the funds of the respective road districts, when required to pay for work or improvements thereon. "9. In their discretion, they may provide for the establishment of Erection of gates on the public highways in certain cases to avoid the necessity of building road fences, and prescribe rules and regulations for closing the same, and penalties for violating said rules: Provided, That the expense for the erection and maintenance of such gates shall, in all cases, be borne by the party or parties for whose immediate benefit the same shall be ordered. 10. For the purpose of watering roads in any part of the county, Waterworks. the supervisors may erect and maintain waterworks, and for such purpose may purchase or lease real or personal property. The costs for such waterworks and the watering of said roads may be charged to the general county fund, the general road fund, and the district fund of the district or districts benefited. "11. In their discretion, they may advertise for bids to grade, turnpike, gravel, or sprinkle any road or roads in any road district, which contract shall be let to the lowest responsible bidder: Provided, The board may reject any or all bids, whenever it shall appear to them that the same are too high. The advertisement for such bids shall specify the road or roads upon which such work is to be done, the kind, character, and extent of the same, so as to plainly indicate to bidders the work to be bid for, and shall, when in their judgment the same is necessarry, cause the county surveyor to survey and furnish a profile of the proposed work, showing cuts, fills, and grade as fully as practicable, which profile shall be open to inspection at the office of the board of supervisors. When such work is completed, the same shall be inspected by the board of supervisors, or by a committee of the board appointed by the chairman to inspect and report upon the same. And no payment shall be paid for such work until the same has been inspected and accepted by the board or such committee: Bids. Road commissioners, duties. Teams, carts, etc. Noxious weeds, etc. Grading, etc. Repeal. In force. Provided, The board may, in their discretion, advance not to exceed thirty per cent of the amount of such contract after the work is at least half completed. Such advertisement for bids shall be in such newspaper as the board may designate, and be published for the period of at least two weeks, and notice of such letting shall also be posted by the road commissioner in three conspicuous places in the district where such work is to be done, for at least ten days before the day set for opening said bids and awarding contracts. Bids shall be inclosed in a sealed envelope, directed to the clerk of the board of supervisors, and shall be indorsed across the face of the envelope, 'Bids for road work, -district,' giving the name of proper district. "Section two thousand six hundred and forty-six of said act is hereby repealed." SEC. 4. Section twenty-six hundred and forty-five of said act is hereby amended to read as follows: "SEC. 2645. Road commissioners, under the direction and supervision and pursuant to orders of the board of supervisors must "1. Take charge of the highways within their respective districts, and shall employ all men, teams, watering carts, and all help necessary to do the work in their respective districts when the same is not let by contract: Provided, That no road commissioners shall be interested, directly or indirectly, in any contract or work to be done in the road district under his charge and control. "2. Keep them clear from obstructions, and in good repair and destroy, or cause to be destroyed, at least once a year, all thistles, Mexican cockleburs, of any kind, and all noxious weeds growing or being on any portion of the public highways or public roads in their respective districts. "3. Cause banks to be graded, bridges and causeways to be made when necessary, keep the same in good repair, and renew them when destroyed. "SEC. 5. All acts and parts of acts in conflict with this act are hereby repealed. "SEC. 6. This act shall take effect and be in force from and after its passage." Approved March 9, 1893. INDIANA. FREE GRAVEL ROADS UNDER LAW OF 1893. AN ACT concerning the construction of free gravel, stone, or other macadamized roads, providing for their location, the manner of their construction, and providing for the payment of the same, and for their maintenance, and declaring an emergency. [Acts 1893, p. 196. Approved and in force March 3, 1893.] SECTION 1. Be it enacted by the general assembly of the State of Indiana, That the county commissioners of any county in this State when petitioned therefor by fifty (50) freeholders, citizens of any township or townships contiguous to each other, including therein any incorporated town or city of less than thirty thousand (30,000) inhabitants in such county where any road is to be improved by grading, graveling, paving with stone, or otherwise macadamized, shall submit to the voters of said township or townships, towns and cities through which said road or roads may pass or at which town or city they shall terminate, at any regular spring or fall election or at any special Question of improvement of cided at an elec Notice of. Ballots, how election which may be called by the board of commissioners when no spring or fall election is near at hand, giving at least twenty days' roads to be denotice in a newspaper of general circulation published in said county, ciod if there be any, and by posting up written or printed notices thereof, (which posted notices shall be sufficient in counties where no newspaper is published) in each voting precinct in said township or townships, town or city, the question of building such road or roads in such township or townships in such county. At such election each voter who is in favor of the construction of such road or roads shall inscribe on his ballot "Building of road-yes," and each voter opposed thereto shall inscribe on his ballot "Building of road no." The vote on said question shall be certified by the proper officers prepared. of said election to the board of commissioners of the county, and if at such election a majority of those voting on said question are in favor of building such road or roads the commissioners shall at once proceed to the construction of the same, but not otherwise: And provided further, That after such petition shall be so filed by the fifty freeholders as aforesaid, and before the election upon such question shall be advertised, it shall be the duty of such board of commission- Road, when ers to appoint a surveyor or engineer, or both if necessary, of such constructed. county, if such there be in such county, if not, any that can be pro- viewers, appointEngineer and cured elsewhere in the State, and two disinterested freeholders of the ment of. county as viewers to locate and view such proposed road or roads, Viewers, du and determine the width of the same, make a profile of the grade, determine the quality and depth of gravel, stone, or other material to be used, and make an estimate of the cost of the construction of said road or roads, including bridges, culverts, drainage, and all things necessary for its completion, and said viewers shall at the next term of the commissioners' court report their proceedings as to location, length, plans, profiles, together with an estimated cost of said road or roads, which report shall be published in full in some newspaper of Report of. general circulation published in such county for at least four consecutive weeks preceding such election, and written or printed copies of the said report shall be posted in each of the voting precincts of ties of. said township or townships, and if there be no newspaper published Publication of in said county, then the posted notices shall be sufficient, and it shall report. be the duty of the board of commissioners to submit the question to the voters as above provided: Provided further, That in the petition of the fifty freeholders aforesaid the beginning and terminus of such road or roads shall be clearly and definitely stated, and the direction of the road, if to be a new road, reasonably described, and, if an old Road, descriproad, its common name mentioned, together with its measured or esti- tion of. mated length: Provided further, That the petitioners shall pay all Cost of elec tion. costs of election. SEC. 2. If two or more petitions are pending at the same time, they Petitions all to shall be voted upon at the same election, and the ballots shall designate each road separately, and the same notice shall contain notices of all propositions to be voted on at the same election. SEC. 3. It shall be the duty of the commissioners, as soon as such returns have been made by the election of officers in favor of such road or roads, to advertise in at least one newspaper of general circulation published in the county, if there be such, and one newspaper at the city of Indianapolis of general circulation throughout the State and by posting notices at the principal town or cities in the townships of the county, asking for bids for the construction of such road or roads, such bids to be received at a session, either regular or called, of be voted on at same time. Bids for con. struction of. Bond of bidders. Contract. Bonds, how is. sued and sold. Payments to contractors. Tax levy to pay bonds and interest. Cost, how rated. Roads free. pro Levy for repair. Surplus, how expended. said board of commissioners, and said board shall let the same to the lowest responsible bidder or bidders, but no contract shall be let for a bid higher than the estimates of the viewers. SEC. 4. Such bidders shall file with their bids respectively a good and sufficient bond in twice the sum of their bids, for the faithful performance of the work, such bond being made payable to the State in which roads are located; and the contract made with such successful bidder or bidders shall specify all the particulars of construction as set forth in the report of the viewers and also the time when such work shall be completed. SEC. 5. For the purpose of raising money to pay for such construction the board of commissioners shall issue the bonds of the county for the full amount of the contract, in denominations not less than fifty dollars nor higher than five hundred dollars, each in five equal series, the first series payable in one year, the second series in two years, the third in three years, the fourth in four years, and the fifth in five years, from the fifteenth day of November, after the date of their issue; said bonds bearing interest not higher than six per cent per annum, and the interest thereon to be paid annually on the 15th day of November. The county treasurer shall sell such bonds at not less than their face value, and the proceeds shall be kept as a separate and special fund to pay for the construction of the particular road or roads for which they were issued, and shall be paid by him to the contractor upon warrant of the auditor as directed by the board of commissioners. The commissioners shall order the same to be paid in such amounts and at such times as they may agree, but no payment shall be made by the commissioners for more than eighty per cent of the engineer's estimate of work done by the contractor, nor shall the whole amount of the contract be paid until the road shall have been received as completed, by the board of commissioners. SEC. 6. For the purpose of raising money necessary to meet said bonds and interest thereon, the board of commissioners shall annually thereafter, at the time the general tax levy is made, levy a special tax upon the property of the township or townships, including the towns and cities, if any there be, of less than thirty thousand (30,000) inhabitants in such manner as to meet the principal and interest of said bonds as they shall become due, and such tax shall be collected as other taxes, and shall be applied to the payment of such bonds and interest. If the road or section thereof so constructed runs into or through two or more townships, the amount paid thereof shall be divided and charged upon the property of such townships in proportion to the cost of the road or section thereof in such townships, and said special tax be levied accordingly. SEC. 7. All roads built under this act shall be free of toll, and shall be kept in repair by the county in which they are located, and the towns and cities in such townships at which they terminate. And it shall be the duty of the trustees of said townships to levy annually such a tax as will cover the expense of maintenance: Provided, That such levy shall not exceed ten cents upon each one hundred dollars in any year. SEC. 8. After the payment of the construction of said road or roads, should there be any surplus collected or due on delinquent tax for that purpose it shall be paid to the trustee of such township and by him kept and used as a fund for the maintenance of such roads in his township. SEC. 9. The compensation of persons employed under this act shall of viewers, etc. be, as to the two viewers, chain carrier, rod men and one marker, not Compensation |