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Persons appointed supervisors to be notified of their appointment.

Penalty for refusing to accept appointinent.

Supervisors to

return names of

too. liable to taxed.

Supervisors exempt from military tax.

Supervisors to keep roads in repair, and erect guide posts.

Supervisors may call upon persons liable to labor on roads.

May hire
laborers, etc.

SEc. 8. It shall be the duty of the Clerk of the Court of Sessions of each county, to make out and deliver to the Sheriff, written notices 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. Sec. 9. When any person shall refuse to accept the 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. SEc. 10. If the supervisor shall accept such appointment it shall 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 of Sessions shall levy a tax for road purposes: and said supervisor shall be exempt from military tax, during the time of his holding said office. SEc. 11. It shall be the duty of the supervisor to cause all the public roads within his district to be kept clear from obstruction and 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. SEc. 12. When any public road shall be obstructed, or bridge or causeway shall be destroyed or out of repair, it shall be the duty of 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 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 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, or joi. 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 to carry 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 oil, call on every person liable to work on roads, when any road in his ori. 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 reasonable number of hours in each day, and upon the failure or re- o: fusal of any person to attend or perform the work due on the road, substitute. 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 infully neglect, or turbulently interrupt the other hands upon duty, the ...'...” 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 - - - - - - prosecute for 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 fines, etc. 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 Year, each supervisor of the county shall make a report to said court, report annually.

Penalty on supervisors for neglect of duty.

Cart roads— notice of petition for.

Proceedings on petition for.

Not to pass through orchards.

Court may order compensation to parties over whose land road may run.

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.
Sec. 18. Any supervisor neglecting to perform any of the duties
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
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
of money shall have been deposited, proceed to view and mark out
such cart road, and appoint three freeholders to view the same: Pro-
vided, that twenty days notice shall be given of the intention to pre-
sent 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 nec-
essary 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 incon-
venience 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 examin-
ed 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
pass through any orchard, garden, vineyard, or any valuable im-
provement.
Sec. 20. If any person shall make lawful objection to said 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.

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:

SECTION 1. Any number of persons, not less than twenty-five, twenty-five or being subscribers to the capital stock of any contemplated railroad, o

- - - b may be formed into a corporation for the purpose of constructing, ...".

owning, and maintaining such railroad, of either single or double ona. track, by complying with the following requirements: When an in- “. 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 role doned by signed by not less than twenty-five persons as aforesaid, and when o 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, - - - - - Amount of stock and ten per cent. paid thereon to the Treasurer named in said instru- : *:::::::::: 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 ..., after the date of such notice,) the said subscribers, either in person "3. or by written proxy, may adopt articles of association, and may elect Articles of from among the subscribers to said articles, thirteen Directors for ...". Directors of said company. 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 it forth. shall not exceed fifty years,) the amount of the capital stock of the meanor 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 way, motive power, and every ..." other appurtenance for the completion and running of said road, as nearly as can be estimated by competent engineers,) the names of the Name, or Directors to manage the concerns of the company, subject to the re-" strictions 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 o: tended to pass, and its length as near as may be, and the names of too. five Commissioners to open books of subscription to the stock, which

Commissioners shall be subscribers to said articles of association.

Manner of subscribing.

Articles of association to be filed in office of

Subscribers to form a body corporate.

Powers, etc.

Articles of association and requirements.

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 articles, being so subscribed by not less than twenty-five persons, may, 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 become stockholders in such company, shall be a body corporate, by 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 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

Board of Directors and organization.

Officers.

Secretary and Treasurer to give bond.

Moneys received by temporary Treasurer.

Duties of Board of Directors.

Notices of meetings.

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 or-
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
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
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, so soon
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 of the company shall be published prior to any such meet-

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