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ment.

ing to accept

return names of

be taxed.

Sec. 8. It shall be the duty of the Clerk of the Court of Sessions Persons appointod supervisors to of each county, to make out and deliver to the Sheriff, written notices their appoint 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 boundaries 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 refus

Sec. 9. When any person shall refuse to accept the appointment 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. Supervisors to Sec. 10. If the supervisor shall accept such appointment it shall parties liable to 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 Supervisors

of Sessions shall levy a tax for road purposes: and said supervisor exempt from

shall be exempt from military tax, during the time of his holding military tax.

said office. Supervisors to Sec. 11. It shall be the duty of the supervisor to cause all the keep roads in repuir, and erect public roads within his district to be kept clear from obstruction and guide posts.

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 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 roads.

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 May hire laborers, etc.

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

call upon persons

to carry

substitute.

to the Court of Sessions, whose duty it shall be to provide for the When repairs to

be done by order 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

the provisions of this section into effect, shall be paid out of the County Treasury

Sec. 13. It shall be the duty of the supervisor of each district, to Persons liahlen call on every person liable to work on roads, when any road in his their labor is

required. 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 Penalty for

refusing to work reasonable number of hours in each day, and upon the failure or re- personally or by fusal 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 infally neglect, or turbulently interrupt the other hands upon duty, the sons at works 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.

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 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

report annually. Tear, each supervisor of the county shall make a report to said court,

prosecute for

fines, etc.

Cart roads

for.

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

Sec. 18. Any supervisor neglecting to perform any of the duties supervisors for 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 notice of petition

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
Proceedings on
petition for 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 through

pass through any orchard, garden, vineyard, or any valuable im

provement. Court may order

Sec. 20. If any person shall make lawful objection to said road compensation to 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.

Not to pass

orchards.

may run.

5

CHAPTER LXXV.

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

Assembly, do enact as follows:

Treasurer.

persons.

Amount of stock

and amount paid

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 may be formed into a corporation for the purpose of constructing, executing an owning, and maintaining such railroad, of either single or double setting forth the 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 give notice of after the date of such notice,) the said subscribers, either in person

meeting or by written proxy, may adopt articles of association, and may elect Articles of

Association. from among the subscribers to said articles, thirteen Directors for

Directors of

company. SEC. 2. The said articles of association shall set forth the name of Articles of

Association to the corporation, the number of years the same is to continue, (which set forth. 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 motive

way,

capital stock and

power, every 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 five Commissioners to open books of subscription to the stock, which Commissioners shall be subscribers to said articles of association.

said company.

Duration of

and shares.

Names of
Directors.

and names of Commissionere.

Manner of subscribing.

Articles of association to be

State.

Subscribers to

corporate. Powers, etc.

Articles of association and

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, Secretary of

after the provisions of section four are complied with, be filed in the office of the Secretary of State ; and thereupon the persons who have so subscribed, and all persons who shall from time to time be

come stockholders in such company, shall be a body corporate, by form a body

the name specified in such articles, and shall be capable in law of purchasing, holding, and conveying, any real and personal estate whatever, in every respect as an individual or natural person might or could do.

Sec. 4. When the amount of stock specified in the first section of requirements. 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 ororganization.

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 Treasu . rer, 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 gire bond.

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 Moneys received the Board of Directors. The temporary Treasurer required by the

first section, shall pay over all moneys received by him as such Trea-
surer, to the Treasurer appointed by the Board of Directors,
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.

meetings of the company shall be published prior to any such meet

Board of
Directors and

Oficers.

Secretary and
Treasurer to

by temporary Treasurer.

SO soon

Duties of Board of Directors.

Notices of

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