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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 .... m., ..........

19..., for .............., on .............., in .............. district, in .... county.

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 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,

[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.

$ 2646. HIGHWAYS IN CHARGE OF SUPERVISORS. Whenever any of the highways of a county have been constructed or improved under the provisions of an act entitled "An act providing for the laying out, constructing, straightening, improvement and repair of main public highways in any county, providing for the voting, issuing and selling of county bonds and the acceptance of donations to pay for such work and improvements, providing for a highway commission to have charge of such work and improvements, and authorizing cities and towns to improve the portions of such highways within their corporate limits and to issue and sell bonds therefor," approved March 19, 1907, and all acts amendatory thereof or supplementary thereto, the board of supervisors of said county shall have the charge of the maintenance and repair of said highways and may employ a superintendent or inspector to have charge of the repairing and maintenance of all of said roads under the orders and direction of said board, and may employ such workmen and purchase such materials, equipments, tools and appliances as may be necessary to maintain said roads and keep them in repair, the cost of such maintenance and repair to be paid out of the general fund of the county. Nothing herein contained shall prevent the board from having any such work of repair or maintenance done by contract under the provisions of section two thousand six hundred forty-three, if they deem it advisable. At the option of the board of supervisors, expressed by resolution, the provisions of this section shall apply to such highways of the county as may be specified in such resolution, constructed or improved under the provisions of subdivision ten of section two thousand six hundred forty-three of the Political Code, and paid for out of the general fund of said county.

History: Enacted March 9, 1911, Stats, and Amdts. 1911, p. 318; amended April 16, 1917, Stats, and Amdts. 1917, p. 137. In effect July 27, 1917.

ARTICLE VI.
LAYING OUT, ALTERING AND DISCONTINUING ROADS.

$2697. Petition to abandon highway. 8 2697. PETITION TO ABANDON HIGHWAY. Any ten freeholders, two of whom must be residents of the road district in which some part of the property affected is situated, and who are taxable therein for road purposes, may petition the board of supervisors in writing to vacate, discontinue, abandon and abolish any public highway, road, street, avenue, alley, lane or place, or any part of any such road, street, . avenue, alley, lane or place.

History: Enactment approved June 9, 1915, Stats. and Amdts. 1915, p. 1333; amended March 23, 1917, Stats. and Amdts, 1917, p. 24. In effect July 27, 1917.

ARTICLE IX.
PERMANENT ROAD DIVISIONS.

$ 2745. Road divisions, formation of. $ 2745. ROAD DIVISIONS, FORMATION OF. Any portion of a county not contained in a permanent road division may be formed into a permanent road division under the provision of this act, and when so formed shall have the powers herein enumerated and such as may hereafter be conferred thereon by law;

[Municipal corporation may be included in road division.) provided, that a municipal corporation for the purpose of this act shall not be considered a permanent road division and may be included therein.

not contained ithe provision of this nete after be conferred throvided, that a mur

History: Original section, relating to road divisions, enacted March 12, 1872, and repealed February 28, 1883, Stats. and Amdts. 1883, p. 5. A new section March 13, 1901, Stats. and Amdts. 1900-1, p. 277, and repealed and the present section enacted March 19, 1907,

Stats. and Amdts. 1907, p. 635. Kerr's Stats, and Amdts. 1906-7, p. 154;
amended April 19, 1917, Stats, and Amdts. 1917, p. 144. In effect July 27,
1917.

3 2853.

1. In general.-As to the facts of an exclusive franchise within the meaning of the law, and especially within this section, which forbids the erection and operation of a second toll-bridge or ferry unless, etc. See Vallejo Ferry Co. v. Solano Aquatic Club, 165 Cal. 255, Ann. Cas. 1914C 1197, 131 Pac. 864.

constructing and operating wharves for its own business, without authority from the board, at places where the railroad extends to navigable water, where such wharves are necessary for the successful operation of the road. It was intended to give the board of supervisors discretion to grant an additional franchise to such railroad, enabling it to carry on a public wharf and charge tolls thereon, where the board finds that such public wharf is necessary to the railroad franchise, and it was not intended to forbid the railroad from maintaining a wharf for its own purposes without the additional authority to be granted under this section by the board of supervisors.— Vallejo & Northern R. Co. v. Reed Orchard Co., 169 Cal. 545, 147 Pac. 238.

$ 2921.

1. Purpose of statute.-Clearly it is the purpose of this section to authorize the board of supervisors to grant franchises for public wharves to be used by the public generally in consideration of the tolls to be exacted. There is nothing in the section which prohibits a railroad company from

TITLE VII.
GENERAL POLICE OF THE STATE.

CHAPTER II.
PRESERVATION OF PUBLIC HEALTH.

ARTICLE I.

STATE BOARD OF HEALTH. 8 2979a. Duties of coroner regarding contagious diseases. 8 2984. Local boards of health to enforce rules made by state board of health. [Reports

to state board.] $ 2979a. DUTIES OF CORONER REGARDING CONTAGIOUS DISEASES. It is the duty of each coroner, and of every county, city and county, city or town health officer, knowing or having reason to believe, that any case of cholera, plague, yellow fever, malaria, leprosy, diphtheria, scarlet fever, smallpox, typhus fever, typhoid fever, paratyphoid fever, anthrax, glanders, epidemic cerebrospinal meningitis, tuberculosis, pneumonia, dysentery, erysipelas, uncinariasis or hookworm, trachoma, dengue, tetanus, measles, German measles, chickenpox, whooping cough, mumps, pellagra, beriberi, Rocky Mountain spotted (or tick) fever, syphilis, gonococcus infection, rabies, poliomyelitis, or any other contagious or infectious disease exists, or has recently existed, within the city, county, city and county, town, or township of which he is such officer, to take such measures as may be necessary to prevent the spread of such disease, and to report at once in writing such cases to the secretary of the state board of health at Sacramento.

[Duties of physician.] It is also the duty of every attending or consulting physician, nurse, or other person having charge of or caring for any person afflicted with any of said contagious diseases, to report at once in writing to the local health officer the nature of the disease, the name of the person afflicted and the place of his or her confinement; provided, however, that syphilis and gonococcus infection shall be reported by office number only; provided, further, that official records of tuberculosis cases shall be for official use only and not open to private inspection.

[Duties of state board of health.] The state board of health, or its secretary, upon being informed of any such contagious or infectious disease, may thereupon take such measures as may be necessary to ascertain the nature of such disease and prevent the spread of such contagion, and to that end, said state board of health, or its secretary, may, if deemed proper, take possession or control of the body of any living person, or the corpse of any deceased person, and may direct and take such means as may be deemed expedient to arrest or prevent the further spread of such disease.

History: Enactment approved March 6, 1901, Stats. and Amdts. 1900-1, p. 99; amended March 4, 1907, Stats, and Amdts. 1907, p. 105, Kerr's Stats. and Amdts. 1906-7, p. 161; March 22, 1911, Stats, and Amdts. 1911, p. 40; April 24, 1917, Stats. and Amdts. 1917, p. 171. In effect July 27, 1917.

$ 2984. LOCAL BOARDS OF HEALTH TO ENFORCE RULES MADE BY STATE BOARD OF HEALTH. [REPORTS TO STATE BOARD.] It shall be the duty of the health officer of each municipality and incorporated town within this state to enforce within such municipality and incorporated town all orders, rules, and regulations concerning health and quarantine and the registration, certification, and reporting of births, marriages and deaths as prescribed or directed by the state board of health, and it shall be the duty of such health officer to report in writing to the state board of health at such times as said board shall require, all infectious, contagious and communicable diseases in man or beast which shall come to his knowledge, upon blanks furnished by the state board of health, Said health officer, in cases of local epidemic of disease shall report to the state board of health all facts concerning the disease and the measures taken to prevent or abate its spread, infection, or contagion.

[Registration of deaths, enforcement of act for.] Every such health officer shall strictly observe and enforce within such municipality or incorporated town the provisions of "An act for the registration of deaths, the issuance and registration of burial and disinterment permits and the establishment of registration districts in counties, cities and counties, cities and incorporated towns, under the superintendence of the state bureau of vital statistics and prescribing the powers and duties of registrars, coroners, physicians, undertakers, sextons and other persons in relation to such registration and fixing penalties for the violation of this act," approved March 18, 1905, and also the provisions of chapter three of title seven of part three (sections three thousand seventy-four to three thousand eighty-four) of the Political Code of the State of California relating to the registration, certification and reporting of marriages, births, and deaths, and shall promptly report to the state board of health all violations of the state health laws and of the law relating to the registration, certification and reporting of marriages, births and deaths which shall come to his knowledge.

History: Enactment approved March 7, 1905, Stats. and Amdts.
1905, p. 84; amended March 1, 1907, Stats, and Amdts. 1907, p. 74,
Kerr's Stats. and Amdts. 1906-7, p. 162; April 24, 1917, Stats. and
Amdts. 1917, p. 172. In effect July 27, 1917.

ARTICLE V.

HEALTH AND QUARANTINE OF OTHER CITIES, TOWNS, AND HARBORS.

$ 3061. Board of health established in towns and cities.
8 3062. Appointment of health officer in lieu of board [repealed).
$ 3064. Salary of board of health officers.

$ 3061. BOARD OF HEALTH ESTABLISHED IN TOWNS AND CITIES. The board of trustees, council or other legislative body, by whatever name known, of any incorporated city or town of this state, shall by ordinance adopt for the regulation of sanitary matters within the city or town, such rules and regulations relative thereto as are necessary and proper, and not contrary to law, and shall supervise all matters pertaining to the sanitary condition of the city or town; provided, that no part of this section shall be construed to prevent the appointment by the board or council or other legislative body of a board of health which shall be advisory to the health officer.

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