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in his annual report as may be of general interest. It is also made the duty of the county horticultural commissioner to advise himself with reference to all infectious diseases, scale insects or codlin moth or other pests injurious to fruit, plants, vegetables, trees or vines, and with their eggs or larvæ and all noxious weeds or grasses or animal pests that may exist in his county or be likely to exist therein and for the purpose of so advising himself and of eradicating and preventing injury from such causes, and for the purpose of advising himself on the best and most efficacious methods of performing his duties and conducting his office he shall attend the annual meeting of the state association of county horticultural commissioners, and such other meetings as the state commissioner of horticulture shall require, and he shall be paid his per diem compensation and traveling expenses while so engaged, or while on any service that requires him to go outside the county when the performance of such service has been authorized by the board of supervisors, or the state commissioner of horticulture.

History: Enactment approved March 21, 1907, Stats. and Amdts. 1907, p. 803, Kerr's Stats. and Amdts. 1906-7, p. 141; amended March 6, 1909, Stats, and Amdts. 1909, p. 189; March 25, 1911, Stats, and Amdts. 1911, p. 493; May 17, 1917, Stats, and Amdts. 1917, p. 634. In effect July 27, 1917.

8 2322d. SALARIES OF INSPECTORS, DEPUTY AND COMMISSIONER. The salary of inspectors working under the county horticultural commissioner is three dollars and fifty cents per day, and the necessary traveling expenses. The salary of the deputy shall be five dollars per day when in the actual performance of his duties, and the necessary traveling expenses. In the case of the commissioner himself his compensation shall be fixed by the board of supervisors, either at not less than one thousand eight hundred dollars per year, or at not less than six dollars per day when actually engaged in the performance of his duties. He shall also be allowed the necessary traveling expenses incurred in the discharge of his regular duties as prescribed in this chapter.

History: Enactment approved March 21, 1907, Stats. and Amdts. 1907, p. 803, Kerr's Stats. and Amdts. 1906-7, p. 142; amended March 6, 1909, Stats. and Amdts. 1909, p. 190; March 25, 1911, Stats, and Amdts. 1911, p. 493; May 17, 1917, Stats. and Amdts. 1917, p. 635. In effect July 27, 1917.

8 2322f. NOTICE OF ARRIVAL OF IMPORTED NURSERY STOCK, ETC. Any person, persons, firm or corporation, who shall receive, bring, or cause to be brought into any county or locality of the State of California from another county or locality within said state any nursery stock, trees, shrubs, plants, vines, cuttings, grafts, scions, buds, or fruit pits, or fruit or vegetables, or seed, for the purpose of planting or propagating the same, or any or all such shipments of nursery stock, trees, shrubs, plants, vines, cuttings, grafts, scions, buds, or fruit pits, or fruit or vegetables, or seed or containers thereof or other orchard appliances, which the county horticultural commissioner or the state commissioner of horticulture may consider liable to be infested or infected with dangerous insect pests or plant diseases or noxious weed seeds and which if so infested or infected would constitute a dangerous menace to the orchards, farms and gardens of the county or state, shall immediately after the arrival thereof notify the county commissioner of horticulture, his deputy, or nearest inspector of the county in which such nursery stock, or fruit or vegetables, or seed, are received, of their arrival, and hold the same without unnecessarily moving or placing such articles where they may be harmful, for immediate inspection by such county commis. sioner of horticulture, his deputy, inspector, or deputy quarantine officer or guardian.

History: Enactment approved May 17, 1917, Stats. and Amdts. 1911, p. 635. In effect July 27, 1917.

8 2322g. MARKING OF SHIPMENTS. Each carload, case, package, crate, bale, or bundle of trees, shrubs, plants, vines, cuttings, grafts, scions, buds, fruit-pits, or fruit or vegetables, or seed, imported or brought into any county of the State of California from another county within said state for planting or propagation purposes, shall have plainly and legibly marked thereon in a conspicuous manner and place, the name and address of the shipper, owner or owners, or person forwarding or shipping same, and also the name of the person, firm or corporation to whom the same is forwarded or shipped, or his or its responsible agents.

[Statement.] A manifest showing the contents of each shipment, also the name of the locality where the contents were grown and a statement of the contents therein shall be made to the county horticultural commissioner having jurisdiction at the point of destination when shipment is made.

History: Enactment approved May 17, 1917, Stats. and Amdts. 1917, p. 636. in effect July 27, 1917.

8 2322h. INFECTED SHIPMENTS PUBLIC NUISANCE. When any shipment of nursery stock, trees, vines, plants, shrubs, cuttings, grafts, scions, buds, fruitpits, or fruit or vegetables, or seed, imported or brought into any county or locality of the State of California from another county or locality within such state, is found to be infested or infected with any species of injurious insects, or their eggs, larvæ or pupæ, or other animal or plant diseases or noxious weed seeds which would cause damage or be liable to cause damage to the orchards, vineyards, gardens or farms of any county of the State of California, all material in shipment found to be so infested or infected shall be deemed a public nuisance, shall be refused delivery, and shall be immediately returned to the point of shipment or destroyed, at the option and expense of the owner or owners, or his or their responsible agents.

[Shipment disinfected. The remainder of such shipment shall be disinfected under the directions of the county horticultural commissioner making such inspection and in a manner as provided for in section two thousand three hundred twenty-two i of this act;

[When returned or destroyed.) provided, however, that when any shipment of nursery stock, trees, vines, plants, shrubs, cuttings, grafts, scions, buds, fruit pits, or fruit or vegetables, or seed or their containers or orchard appliances imported or brought into any county or locality of the State of California from another county or locality within said state, is found to be infested or infected with any species of injurious insects, or their eggs, larvæ, or pupæ, or other injurious animal or plant diseases or noxious weed seeds not known to exist in the county or locality in which said shipment is delivered, or if there is reasonable cause to presume it may be so infested or infected the entire shipment shall be refused admittance and shall be immediately returned to point of shipment or destroyed at the option and expense of the owner or owners, or his or their responsible agents;

[When disinfected.] provided, further, that when any shipment of nursery stock, trees, vines, plants, shrubs, cuttings, grafts, scions, buds, fruit pits, or fruit or vegetables, or seed, imported or brought into any county or locality of the State of California from another county or locality within said state, is found to be infested or infected with any species of injurious insects or their eggs, larvæ or pupæ, or plant diseases or noxious weed seeds which are of common occurrence in the county or locality into which it is shipped or transported, and which may be exterminated by such treatment as may be prescribed in section two thousand three hundred twenty-two i of this act and under the direction of the county horticultural commissioner of the county in which it is received, the same may be disinfected or cleaned at the expense of the owner or owners or his or their responsible agents, in a manner satisfactory to the county horticultural commissioner making the inspection, and after such treatment the shipment may be delivered to the consignee. Any and every provision of this act relating to shipment or transportation of nursery stock, trees, shrubs, plants, vines, cuttings, grafts, scions, buds, or fruit pits, or fruit, or vegetables, or seed from one county of the State of California to another county of said state, shall apply equally and identically to such shipment or transportation of such articles from one locality to another locality within the same county of said state.

History: Enactment approved May 17, 1917, Stats. and Amdts. 1917,

p. 636. in effect July 27, 1917. $ 2322i. NAMES OF INSECTS, ETC., PROMULGATED. ADVICE ON TREATMENT. The state commissioner of horticulture is hereby empowered and directed from time to time to ascertain and determine, and promulgate the names and descriptions of insects, animals and diseases that may cause injury to orchards, vineyards, gardens, fruit or nut bearing or ornamental trees, vines, plants, nursery stock, fruit, nuts, vegetables or seed, and to ascertain, and advise the proper methods of treatment, disposal and disinfection of nursery stock, trees, vines, plants, fruit, nuts, vegetables or seed, and the containers thereof which may be found to be infested or infected with, or which may have been exposed to infection or infestation by any such insect or its eggs, larvæ or pupæ, or any such animal or plant diseases.

History: Enactment approved May 17, 1917, Stats, and Amdts. 1917,

p. 637. In effect July 27, 1917. $ 2322j. PENALTY. Any person, persons, firm or corporation violating any of the provisions of this act shall be guilty of a misdemeanor and shall be punished by imprisonment in the county jail for a period not exceeding six months or by a fine not exceeding five hundred dollars, or by both fine and imprisonment.

History: Enactment approved May 17, 1917, Stats. and Amdts. 1917, p. 638. In effect July 27, 1917.

TITLE VI.
PUBLIC WAYS.
CHAPTER II.

HIGHWAYS.

ARTICLE III.
POWERS AND DUTIES OF HIGHWAY OFFICERS.

$ 2643. Powers of supervisors respecting roads.
$ 2643a. Powers of supervisors respecting roads.

$ 2646. Highways in charge of supervisors. $ 2643. POWERS OF SUPERVISORS RESPECTING ROADS. 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 all highways which have become such by usage, dedication or abandonment to the public, or by any other means provided by law, and to prepare and record proper deeds and titles thereto.

3. Abolish or abandon such as are not necessary.

4. Acquire the right of way over private property for the use of public highways, and for that purpose require the district attorney to institute proceedings, under title seven, part three, of the Code of Civil Procedure, and to pay therefor from the general road fund or the district road fund of the county.

5. Levy a property-tax for road purposes.

6. [Guide-posts.] Cause to be erected and maintained, at the intersections and crossings of highways, guide-posts, properly inscribed.

7. [Apportionment of road-tax.] Cause the road-tax collected each year to be apportioned to the several road districts entitled thereto, and kept by the county treasurer in separate funds.

8. Audit all claims on the funds set apart for highway purposes, and specify the fund, or funds, from which the whole or any part of any claim, or claims, must be paid.

9. [Establish gates.] In their discretion, they may provide for the establishment 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. [Sprinkling.) For the purpose of sprinkling the roads in any part of the county with oil or water, the board of supervisors may erect and maintain waterworks and oil tanks and reservoirs, and for such purposes may purchase or lease real or personal property. The costs of such waterworks, oil tanks and reservoirs and the sprinkling of said roads with oil or water may be charged to the general county fund, the general road fund, or the district fund of the district or districts benefited.

(Roads may be paid for out of general fund.] Whenever it is determined by a fourfifths vote of the board of supervisors of any county that the public convenience and necessity demand the acquisition or construction of a new road in excess of three miles in length or the grading, regrading, paving or macadamizing of any existing road, in excess of three miles in length, and that the cost of such new road when acquired and constructed, or the cost of grading, regrading, paving or macadamizing such existing road, will be too great to pay out of any of the road funds of the county, the board of supervisors may, by resolution passed by a four-fifths vote of said board, determine to acquire or construct such new road, or grade, or regrade, pave, or macadamize such existing road, and if the cost of such new road when constructed, or the cost of grading, regrading, paving or macadamizing such existing road, when completed, shall exceed five thousand dollars, such cost may be charged to the general county fund, the general road fund or the district fund of the district or districts benefited.

11. [Surveyor to submit estimates.] Whenever it shall be determined that any grading, graveling, macadamizing, ditching, 'sprinkling, or other work upon highways is necessary, and is to be done, and where the estimated cost of such work amounts to one thousand dollars, the board of supervisors must, by proper order, direct the county surveyor to make definite surveys of the proposed work, and to prepare profiles and Cross-sections thereof, and to submit the same with the estimate of the amount or amounts of work to be done, and cost thereof, and with specifications thereof. Said report shall be prepared in duplicate, one copy to be filed in the surveyor's office, and the other to be filed with the clerk of the board of supervisors.

[Advertising for bids.] The board upon receipt of such report must advertise for bids for the performance of the work specified. Such advertisement for bids must be published for two weeks in two newspapers, one published at the county seat and the other at a point nearest the proposed work. [Form of advertisement.] Such advertisement must be in the following form:

"Office of the clerk of the board of supervisors,

............. county, ...... Sealed bids will be received by the clerk of the board of supervisors of...... county, at his office, until ........ o'clock .... m., ............................, 191.., for ............, on .............., in ........... district, in

.... district, in ................ county.

....... Specifications for this work are on file in the office of the said board, to which bidders are hereby referred.

19..

Clerk of the board of supervisors of

the county of............ [Posting of advertisement.] And such advertisement must also be posted, for at least two weeks prior to the opening of the bids for the proposed work, in three conspicuous places in the district or districts in which the proposed work lies, and one at the site of the proposed work. Bids must be inclosed in sealed envelope, addressed to the clerk of the board of supervisors, and must be indorsed, “Bids for ............," and must be delivered to said clerk prior to the hour specified in the advertisement.

[Award to lowest bidder.) The board shall publicly open and read such bids as may be submitted, and must award the contract for the work to the lowest bidder; unless it shall appear to the board that the bids are too high, and the work can be done more cheaply by day labor, in which case the bidş must be rejected, and the work ordered done by the road commissioner, or commissioners, in whose district or districts the work may be situated.

[Payments.] In case the work shall be let by contract, monthly or quarterly payments may be made thereon upon the receipt of a certified estimate by the county surveyor of the amount of work done during the preceding month or quarter, to the extent of seventy-five per cent of the value of said work, the remaining twenty-five per cent being due on the completion of the work.

[Contractor to pay surveyor.] The services of the surveyor in making such partial estimates must be paid for by the contractor. Upon the completion of the work, the county surveyor must examine the same, and if completed in accordance with the specifications thereof, he must submit to the board of supervisors a certificate over his signature and official seal to the effect that such work by the contractor therefor, has been completed in accordance with the specifications therefor, and recommending its acceptance. The board shall thereupon audit the same and direct its payment out of the proper fund or funds.

[Work costing over $500.] Whenever the estimated cost of such grading, graveling, macadamizing, ditching, sprinkling, or other work exceeds five hundred dollars and is less than one thousand dollars, the board of supervisors must cause the same to be performed by contract awarded to the lowest bidder, in the same manner as where the estimated cost amounts to one thousand dollars, unless such board shall by resolution passed by a four-fifths vote, determine that it is to the public advantage and convenience not to do such work by contract; in which event, such work shall be done by day labor under the supervision of the county surveyor and the supervisors of the district wherein the work is done.

12. [Side paths.] In their discretion, they may set apart on any public road or highway a strip of land for a side path, and make an order designating the width of such path and cause the lines separating the path from the road to be located and marked by stakes or posts, placed at such distances apart as they shall deem proper. After said paths have been set apart, and the lines separating the same from the road have been located and marked, as aforesaid, the use of the same is hereby restricted to pedestrians and riders of bicycles and other vehicles propelled solely by the power of the rider.

Expense of erecting and maintaining such path may be charged to the general county fund, the general road fund, and the district fund of the district or districts benefited.

History: Enactment approved February 28, 1883, Stats. and Amdts. 1883, p. 8; amended March 31, 1891, Stats. and Amdts. 1891, p. 474; March 9, 1893, Stats, and Amdts. 1893, p. 114; March 31, 1897, Stats. and Amdts. 1897, p. 248; March 23, 1901, Stats. and Amdts. 1900-1, p. 661; March 2, 1903, Stats. and Amdts. 1903, p. 70; April 27, 1911, Stats. and Amdts. 1911, p. 1151; April 25, 1917, Stats, and Amdts. 1917, p. 196. In effect July 27, 1917.

Section was again amended May 26. Which amendment is given below as $ 2643[a].

8 2643[a]. POWERS OF SUPERVISORS RESPECTING ROADS. 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 high. ways as are necessary to public convenience, as in this chapter provided.

2. Cause to be recorded as highways all highways which have become such by usage, dedication or abandonment to the public, or by any other means provided by law, and to prepare and record proper deeds and titles thereto.

3. Abolish or abandon such as are not necessary.

4. Acquire the right of way over private property for the use of public highways, and for that purpose require the district attorney to institute proceedings, under title

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