notice to that effect shall be posted at each end of such limited highways, and any person who shall wilfully drive any bands or herds of cattle, horses, sheep, or hogs over such roads or streets other than during the time that the abutting lands are thrown open to the public by the owners thereof for grazing purposes, shall be deemed guilty of a misdemeanor. [C. L. § 2067. 1120. Public and private rights in highways. By taking or accepting land for a highway, the public acquires only the right of way and incidents necessary to enjoying and maintaining it. A transfer of land bounded by a highway passes the title of the person whose estate is transferred, to the center of the highway. [C. L. § 2071. Cal. Pol. C. 2631; Mont. Pol. C. 2620*. The easement acquired by the public in a public highway vests in it the mere right of passage, and does not divest the owner of the fee, and he may continue to make any use thereof not incompatible 13 U. 341; 44 P. 1032. 1121. Highways in cities and towns. Where public highways extend through any incorporated town or city they shall conform to the direction and grade and be subject to all regulations of other streets in such town or city. [C. L. § 2082*. 1122. Plats of highways to be filed. It shall be the duty of the Amurded board of county commissioners in each county immediately to determine all public highway's existing in its county, and to prepare in duplicate, plats and Chapt 78 specific descriptions of the same and of such other highways as such board may 199 from time to time locate upon public lands, one copy of which shall be kept on file in the office of the county clerk, and the other, said board shall cause to be filed in the office of the state board of land commissioners. Duty of county surveyor as to highways, etc., 22 639, 644. 1123. Reservation of highways from state patents. Whenever the state shall issue its patent for any lands, the same shall be made subject to the easement or right of the public to use all such highways as are described on the plats and descriptions filed in pursuance of the last preceding section; and in each case the patent shall, as far as possible, contain a specific and detailed reservation of such highways for public use. 1124. U. S. Patents. Highways. Claim for damages. Whenever any person shall acquire title from the United States to any land in this state over which there shall at such time extend any public highway that shall not theretofore have been duly platted, and that shall not have been continuously used as such for a period of ten years theretofore, he shall, within three months after receipt of his patent, assert his claim in writing for damages to the board of county commissioners of the county in which the land is situated; and said board shall have an additional period of three months in which to begin proceedings to condemn the land according to law. Such highway shall continue open as a public highway during said periods; but in case no action is begun within the period above stated by the board of county commissioners, said highway shall be deemed to be abandoned by the public. In case of a failure by such person so acquiring title to public lands to assert his claim for damages as aforesaid, for three months from the time he shall have received a patent to such lands, he shall thereafter be barred from asserting or recovering any damages by reason of such public highway, and the same shall remain open. N. Dak. (1895) 1078. See R. S. of U. S. 3 2477. 1125. Sidewalks on highways. Any owner or occupant of land may construct a sidewalk on the highway along the line of his land, subject, however, to such regulations as may be prescribed by the board of county commissioners. Any person driving or riding on such sidewalk with horse or team without permission of the owner of such sidewalk, is liable to such owner for all damage he may suffer thereby. [C. L. § 2080*. Cal. Pol. C. 2632. Mont. Pol. C. ? 2621*. 1 1126. Trees along highways. Damages. Any owner or occupant of land adjoining a public highway may plant trees on the side of such highway contiguous to his land. Such trees must be set in regular lines at such distance from the center line of the highway as may be determined by an order of the board of county commissioners. Whoever shall wilfully or maliciously injure any of such trees shall be liable to the owner for treble the amount of damages sustained. [C. L. § 2081*. Cal. Pol. C. 2633*. Bonus for planting trees on highway, 511, sub. 17. 1127. Ditches crossing highways. Owners or users of canals or ditches which now are or hereafter may be constructed across any public highway, are required to restore such highway to as good and safe condition as it was before such canal or ditch was constructed, by building a bridge or such other suitable crossing as may be determined by the board of county commissioners or the road supervisor. A failure to construct and keep in repair such bridge or crossing as and when required by the board of county commissioners shall be deemed a misdemeanor; provided, that nothing in this chapter shall prevent the county from keeping bridges and crossings in repair after they have been accepted by the board of county commissioners. [C. L. § 2083*. 1128. Encroachments. If any public highway is encroached upon by a fence or building or otherwise, the road supervisor of the district may, orally or in writing, require the encroachment to be removed. Cal. Pol. C. 2731. Mont. Pol. C. 2721. 1129. Id. Notice to remove. Notice must be given to the occupant or owner of the land, or person causing or owning the encroachment, or left at his place of residence, if he be known to the person giving such notice and reside in the county, if not, it must be posted on the encroachment, specifying the breadth of the highway, the place and extent of the encroachment, and requiring him to remove the same within ten days thereafter. Cal. Pol. C. 2732. Mont. Pol. C. 2722. 1130. Id. Refusal. Penalty. If the encroachment is not removed or commenced to be removed, and the removal not diligently prosecuted, prior to the expiration of the ten days from the service or posting the notice, the one who caused, owns, or controls the encroachment forfeits ten dollars for each day the same continues unremoved. If the encroachment is such as to effectually obstruct and prevent the use of the highway for vehicles, the road supervisor must forthwith remove the same. Cal. Pol. C. 2733. Mont. Pol. C. 2723. 1131. Id. Action. If the encroachment is denied, and the owner, occupant, or person controlling the matter or thing charged with being an encroachment, refuses either to remove or permit the removal thereof, the board of county commissioners must direct the county attorney to commence in the proper court an action to abate the same as a nuisance; if judgment be recovered for the plaintiff, in addition to having the same abated, there shall also be recovered ten dollars for every day such nuisance remained after notice given for its removal, and also the costs of the action. Cal. Pol. C. 2734. Mont. Pol. C. 2724". 1132. Removal without action. The board of county commissioners may at any time order the supervisor to forthwith remove any such encroachment without commencing action. Mont. Pol. C. 2724. 1133. Id. Penalty. If the encroachment is not denied, but is not removed for five days after the notice is complete, the road supervisor may remove the same at the expense of the owner, occupant, or person controlling the same. and recover his costs and expenses, and also for each day the same remained after notice was complete, the sum of ten dollars, in an action for that purpose. Cal. Pol. C. 2735. Mont. Pol. C. ¿ 2725. CHAPTER 2. COMMISSIONERS AND SUPERVISORS. 1134. Powers of county commissioners as to highways. Each board of county commissioners shall by proper regulations: 1. Divide, where not already done, the county into a suitable and convenient number of road districts, and appoint supervisors therefor biennially or whenever vacancies occur from any cause, and remove them at pleasure. 2. Cause to be surveyed, viewed, laid out, recorded, opened, maintained, and worked, such public highways as are necessary for public convenience. 3. Abolish or abandon such public highways as are unnecessary for the use of the public. Contract for, purchase, or otherwise acquire, when necessary, the right of way for a public highway over private property; and may institute proceedings for the acquirement of said right of way as provided by law. 5. Cause to be erected and maintained on such highways as they may designate, milestones or posts, and guide posts, properly inscribed. Designate the public highways to be maintained by the county within or extending through each incorporated city or town; which in no case shall be more than three in the same direction. [C. L. § 2072*. County board to create road districts, 2 511, sub. 1; and control highways, 2 511, sub. 24. 1135. Records relating to highways. The county clerk must keep a book in which must be recorded all the orders of the board of county commissioners relative to each road district, including orders for laying out, opening, and altering roads; a description of each road district, the name of its supervisors, roads, highways, contracts, and all other matters pertaining thereto. [C. L. § 2073. 1136. Appointment of supervisors. Supervisors of road districts shall receive notice of their appointment from the county clerk, and within twenty days thereafter, must qualify as such by taking and subscribing the oath of office and giving a bond to the county in such sum as may be determined by the board of county commissioners; such bond to be approved by and filed with the county clerk. A certificate of the county clerk, under his seal, that the appointment has been made, the required bond filed, and the oath of office taken, shall constitute a commission, and shall authorize the person named therein to discharge the duties of supervisor until superseded. [C. L. § 2074*. 1137. Id. Duties and powers. Road supervisors, under the direction and supervision of the board of county commissioners, must: 1. Take charge of the public highways within their respective districts. 2. Keep them clear of obstructions and in good repair. 3. Cause banks to be graded, bridges and causeways to be made where necessary, and keep the same in repair and renew them when necessary. 4. Give not less than two days' notice to the inhabitants of their respective districts liable to do work on roads, stating when, where, with what implements, and under whose direction to work. 5. Collect the annual poll tax and direct and superintend the expenditure of that portion of the tax paid in labor. 6. Make to the board of county commissioners, on or before the first Monday in December of each year, a written report showing: First. The name of each person assessed for poll tax in his district. Second. The name of each person who has paid his tax in labor, and the amount paid. Third. The name of each person who has paid his tax in money, and the amount paid. Fourth. The amount of tax collected by suit, and the name of the delin quent. Fifth. The amount of uncollected tax, the name of each delinquent, and the cause why such tax remains uncollected in each instance. Sixth. The amount and kind of labor expended in his district, and the places where such labor was performed. Seventh. A general description of the condition of the public highways in his district. Eighth. An accurate account of the time he himself was employed, and the nature and items of the service rendered. [C. L. §§ 2075*, 2079*. Poll tax generally, ?? 1743-1751. 1138. Supervisors' reports. The board of county commissioners may at any time require special reports from road supervisors. A failure to make a report as herein required, subjects the supervisor to a penalty in any sum not exceeding one hundred dollars, to be recovered in an action on his bond. [C. L. § 2079*. Chapt 11 1899 CHAPTER 3. PENALTIES. 1139. Obstructions and injuries to highways. Any person who wilfully or carelessly obstructs or injures any public or other highway by causing or permitting flow or seepage of water; or who wilfully or carelessly permits water under his control to escape in any manner, so as to injure any public or other highway; or any person who shall wilfully or carelessly place or leave or cause to be placed or left, any log, timber, stone, wood, or other material, or any machinery, wagon, or other vehicle upon any public or other highway, in such a way as to obstruct the travel or to endanger property or persons passing upon such highway, shall be deemed guilty of a misdemeanor. '90, p. 3. Encroachments on highways, 22 1128–1133. [C. L. § 2084; Co., 13 U. 352; 44 P. 1040. Public highways may not only be used for public travel in the usual and ordinary mode, but may be used for other purposes, if thereby the ordinary uses are not unreasonably interfered with. City of Eureka v. Wilson, - U.; 48 P. 41. 1140. Driving animals on hillside highway. Any person who drives a herd of horses, mules, asses, cattle, sheep, goats, or swine over a public highway, where such highway is constructed on a hillside, shall be liable for all damage done by such animals in destroying the banks or rolling rocks into or upon such highway. [C. L. § 2087. The instruction that plaintiff and the public had a right to a highway for cattle or for their individual use; held, erroneous under circumstances. Bunnell v. R. G. W. Ry. Co., 13 U. 314; 44 P. 927. Section 2087, C. L. 1888, does not deprive a person of property without due process of law. Brimm v. Jones, 11 U. 200; 39 P. 825. Affirmed, 165 U. S. 180. 1141. Use of bridges. Notice. The board of county commissioners may cause to be put up on bridges a notice that there is a fine of five dollars for riding or driving on this bridge faster than a walk"; and that "not more than (stating the number) horses, mules, asses, or cattle, or (stating the number) sheep, goats, or swine will be allowed upon this bridge at any one time, under a penalty of ten dollars for each offense.' Whoever thereafter rides or drives faster than a walk on such bridge, is liable to a fine of five dollars for each offense, and any person who drives or allows upon such bridge a greater number of animals than that designated upon the notice, is liable to a fine of ten dollars for each offense. [C. L. § 2088. 1142. Injuring trees on highways. Whoever digs up, cuts down, or otherwise injures or wilfully destroys any shade, ornamental, or other tree, planted and standing on any highway in conformity to the requirements of this title, shall be deemed guilty of a misdemeanor. [C. L. § 2089. 1143. Teams passing each other. Whenever it is necessary for a fast traveling team to pass a slower one, it shall be the duty of the teamster of the slow traveling team to give the other a convenient opportunity so to do, if it can be done without endangering his own team; and whenever teams of any kind meet, each shåll seasonably turn to the right, so as to give the other team half of the traveled road, whenever it can be done with safety. A failure so to do shall be deemed a misdemeanor. [C. L. § 2090. 1144. Damages. Any person violating any of the provisions of this title, in addition to the penalties herein provided, shall be liable for all damages that may accrue to the party damaged by reason of such violation. § 2091. [C. L. TITLE 26. HOLIDAYS. 1145. Enumerated. The following named days are legal holidays in this state: every Sunday; the first day of January; the twenty-second day of February; the fifteenth day of April, commonly known as Arbor day; the thirtieth day of May, commonly called Decoration day; the fourth day of July; the twentyfourth day of July, commonly called Pioneer day; the first Monday in September, known as Labor day; the twenty-fifth day of December, commonly called Christmas; and all days which may be set apart by the president of the United States, or the governor of this state, by proclamation, as days of fast or thanksgiving; provided, that when any of said days, except the first mentioned, shall fall on Sunday, the following Monday shall be the holiday. [C. L. § 2122*; '92, p. 14*; '96, p. 88*. When last day to perform an act falls on a holi- 22 2493, 2494. Payment of note, maturing on holiday, it may be performed on the following day, day, 2 1587. 1146. Arbor day proclamation. The governor shall each year issue a proclamation, recommending the observance of Arbor day by the planting of trees, shrubs, and vines, in the promotion of forest growth and culture, and in the adornment of public and private grounds, places, and ways, and in such other efforts and undertakings as shall be in harmony with the general character of such holiday. ['92, p. 26*. TITLE 27. HOMESTEADS. 1147. Value allowed. A homestead consisting of lands and appurtenances, which lands may be in one or more localities, not exceeding in value with the appurtenances and improvements thereon the sum of fifteen hundred dollars for the head of the family, and the further sum of five hundred dollars for his wife, and two hundred and fifty dollars for each other member of his family, shall |