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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. 8 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. 8 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,

19.. Sealed bids will be received by the clerk of the board of supervisors of.. county, at his office, until

o'clock
.... m.,

191.., for ...

in
... district, in

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

on

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 bids 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 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 intersection 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.

[Construction of new road in excess of three miles.] Whenever it is determined by a four-fifths 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 three 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. (Surveys and estimates by county surveyor.] Whenever it shall be determined that any grading, graveling, macadamizing, ditching, sprinkiing, 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.

[Advertisement 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, prior to the day fixed for the opening of bids, for at least once a week for a period of two weeks in a newspaper of general circulation printed and published in said county.

(Form of advertisement.] Such advertisement shall be in substantially the following form:

Office of the clerk of the board of supervisors. ... county,

19.. Sealed bids will be received by the clerk of the board of supervisors of county, at his office, until o'clock

19..., for ...

in

district, in county.

m.,

on

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

Clerk of the board of supervisors of the county of 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 bids 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.

[Acceptance of work.] 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 boård 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,

[Work done under supervision of county surveyor.] 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: Amendment approved May 26, 1917, Stats. and Amdts. 1917, p. 1208. In effect July 27, 1917. Another amendment was enacted

April 25, 1917. Which amendment is given in the section above. § 2645.

in good repair. He has at least the duty 1. Duty of road commissioner.-While it of reporting to the board cases requiring is true that the functions of a road com- attention, and is culpable if he fails to do missioner are to be performed under the all that he may reasonably be expected to do directions of the board of supervisors, yet toward providing for the repair of the danhe has certain positive duties to be executed gerous places in the roads of his district, of his own motion, and one of these is to Wurzburger v. Nellis, 165 Cal. 48, 8 N. C. C. A. keep the roads clear from obstructions and 133, 130 Pac. 1052.

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