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same shall have happened, or may hereafter happen, the County Conmissioners of the proper county may declare so much thereof as is within their county a free highway; provided, that 'in all cases falling within this section, the County Commissioners of the proper county may give a lease at a nominal rental of any such road whereon tolls are now collected, either under the provisions of any Act of the legislature of this state, or by and with the consent of the County Commissioners aforesuid, to the proprietors, their successors or assignees, of such road, for a term of not to exceed five years, giving to such lessee the right to collect tolls on such road, subject, however, to all the provisions of this Act; and upon the expiration or forfeiture of any such lease, and whenever and as often as the same shall huppen, the County Commissioners of the proper county, if they deem it expedient, may give a new lease of such rond upon the like terms and conditions, for a further period of not to exceed five years, to the original or any other lessee, unless said road passes through twoch more counties, in which case the original lessee, or his isisigns, shall have preference.

As amended, Stats. 1875, 1515; 1877, 74. How rates 432. Sec. 8. Whenever any ten taxpayers in any county of be reduced through which a road is located and constructed under the pro

visions of this law, are convinced that tolls charged on said road are unreasonably high, they shall have the right to petition to the Board of County Commissiebyers to have said rate reduced, which petition shall be accoupanied by an affidavit, setting forth wherein said rates of toll should be reduced, and thereupon the County Commissioners shall immediately notify the owners of the road so complained of, who shall select three men to act with three County Commissioners and the sis shall select a seventh man, and the seven so selected shall have power to fix the rates of toll to be charged on any road thus complained of, which rates shall not be reduced for a period of

five years thereafter, unless at the option of the owners thereof. Counties may At the expiration of five years, as mentioned in section two,

the county or counties through which said road or roads are located shall have the right to purchase the same; the price and mode of payment to be fixed by a board of referees, composed of the sume number and selected in the same manner as mentioned in section two of this Act; provided, however, that should no complaint be made of too high rates of toll, the said county or counties shall have the right of purchase, as aforestated, five years from the date of the completion thereof

433. Sec. 9. All franchises granted for toll roads by the located under first legislature of this state may be located under the provisions

of this Act. Toll bridges. 434. Sec. 10. Toll bridges may be established and main

tained, subject to all the provisions of this Act. Right of way. 435. Sec. 11. Nothing in this Act shall be so construed

as to give a right of way to exceed in width forty-five feet.

436. Sec. 12. No toll road constructed under the pro

purchase
1oad, etc.

Franchise

inay be

this Act.

fere with road now in use.

visions of this Act, nor otherwise, shall interfere with any road Not to interor lighway, now in general use by the traveling public, or the emigration from the east.

Lake v. V. T. R. R. ('0., 7 Nev. 291; State ex rel. Boardman v.

Lake, 8 Vev. 176.

An Act to compel the owners of toll roads within this state to keep

the same in repair.

Approved March 9, 1865, 271.

to niaintain deemed

437. SECTION 1. If, after the passage of this Act, any toll When right road in this state shall not at all times of the year be kept in good condition and repair, without break or interval between forfeited. the points of beginning and terminus, by the owner or owners of the same, such owner or owners shall be deemed to have forfeited his or their right to maintain such road, and all the rights, privileges, and franchises belonging or in anywise appertaining to the same. The question as to whether å for- How feiture has accrued under the provisions of this Act, shall be determined in the manner provided in an Act entitled “An Act regulating proceedings upon quo wuranto and informations in the ire thereof,” approved February twenty-first, one thousand eight hundred and sixty-five.

forfeiture determined.

An Act relating to toll roads and bridges in Nevada territory.

Approved February 18, 18'54, 71.

438. SECTION 1. Hereafter no toll gate or toll bridge Toll keepers keeper or proprietor, or other person, shall be permitted to the military. charge or collect any toll from any soldier, teamster, or other person in the military service of the United States government.

439. Sec. 2. Any person charging or collecting, or Penalty. attempting to charge or collect, any toll from any of the persons named in this Act, shall be deemed guilty of a misdemeanor, and may, on conviction thereof, before any Justice of the Peace, be fined in any sum not less than fifty nor more than one hundred dollars.

An Act in relation to public highways.

Approved March 9, 1866, 252.

cities and towns

to be done

Road fund created.

Roads, streets or lawfully entitled to be used as such, and all such roads, incorporated streets, and alleys as the Board of Commissioners of the county

in which they are situate shall hereafter lawfully cause to be declared to be opened, are hereby declared to be public highways; provided, highways. that nothing in this Act shall be deemed or construed to injure

or abridge the rights of any toll road ; but all roads shall be
entitled to all the protection and benefits arising from this Act.

-- As amended, Stats. 1867, 72.
When work 441. Sec. 2. All work hereafter done upon highways,
by contract. streets, or alleys, whether in opening, improving, or keeping

the same in repair, shall, when the probable cost of such con-
templated work shall exceed one hundred dollars, be done by
contracts let to the lowest responsible bidder, and public notice
of at least five days shall be given, describing the work to be
done, the time and place that bids will be received, and the
means of paying for such work. Such bids shall be sealed,
may all be rejected, and if any are accepted it shall be that of
the lowest bidder who is responsible, or will give satisfactory
security. In all cases of emergency, it shall be discretionary
with the Board of Commissioners to let contracts for repairs
without giving the five days notice as is contemplated in this
section.

442. Sec. 3. To provide funds for paying the expenses of
such work, the Board of Commissioners, at the time of levying
other state and county taxes, may levy a tax not exceeding one-
fourth of one per cent. upon the taxable property of their
county, to be assessed, collected, and paid in the same manner
that state and county tax is collected ; and all moneys so
collected shall be paid into a fund to be called the road fund.

443. SEC. 4. In disbursing the moneys of such road fund, the Board of Commissioners shall regard the interests of each road district, distributing upon the highways most beneficial to each road district the proportion of tax by it paid.

444. Sec. 5. If twenty-four freeholders, of any county locating,

containing one hundred or more legal voters, or twelve freerepairing, etc. holders, of any county containing less than one hundred legal

voters, shall petition the Board of Commissioners of such county
for the location, opening to public use, re-establishment, change
or vacation of any road or highway, to connect with any high-
way heretofore established, or any street or alley, in any unin-
corporated town in such county, setting forth in such petition
the beginning, course and termination of such road, highway,
street, or alley proposed to be located, opened to public use,
re-established, changed or vacated, together with the names of
the owners of the land through which the same muy pass, the
Auditor of such county shall lay said petition before the Board
of County Commissioners at their next session thereafter, and
thereupon such Board of County Commissioners shall, within
twenty days thereafter, proceed to locate, open to public use,
re-establish, change, or vacate such road, highway, street, or
alley. Before opening any new road, street, or alley through

Disbursing.

Manner of

opening,

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private property, it shall be condemned to public use as follows: The Board of Commissioners shall appoint two disinterested persons to view out and locate such new road, street, or alley, and such two persons, in conjunction with two others chosen by any owner, or by the several owners of property to be traversed by such road, street, or alley, shall ascertain the damage done to any property so traversed, after deducting any advantage arising from such road, street, or alley, to the owner of such property. If such four persons cannot agree as to such damages, then they shall choose a fifth, and the decision of a majority of them shall govern, and be reported to the Board of Commissioners. If the owner or owners of any property so condemned shall not acquiesce in the amount of damages so reported, an examination may be had before the board and witnesses be examined for the state, and such owner or owners, and the decision of the board shall be final, unless such owner or owners appeal from the decision of the board, within thirty days after such decision, to the district court, which he or they may do in the same manner that appeals are taken from the justice's to the district court. Upon finally ascertaining such damages, the board shall provide for the payment of such damages, either by the persons interested in such road, street, or alley, or pay the same out of the county treasury, as other claims are paid, and after such payment is made, the board shall then cause such road, street, or alley to be opened.

443. Sec. 6. Any person or persons who shall, in any manner, obstruct any road, street, or alley, or, in any manner, injure the same, or prevent travel thereon, or who shall obstruct, dam, or divert any stream or water so as to throw the same, or cause the flowage thereof, upon, across, or along the pathway of any road, highway, street, or alley, shall, upon conviction thereof, be fined in any sum not less than twenty, nor more Fine. than five hundred dollars, and the court before which such conviction shall be had, shall order the Sheriff, or any Constable, of the county, to abate, as a nuisance, any fence or other obstruction, to the free and convenient use and travel of such road, street, or alley, or any obstruction from such stream, so as to allow the same to flow in its natural bed.

446. Sec. 7. The office of Road Supervisor is hereby Acts repealed. abolished ; and an Act entitled “An Act concerning roads and highways,” approved November twenty-ninth, eighteen hundred and sixty-one, and all other Acts, or parts of Acts, in conflict with the provisions of this Act, are hereby repealed; providel, Proviso. that nothing in this Act shall be construed to repeal any of the provisions of an Act entitled “An Act to provide for the improvement of streets and alleys in unincorporated towns and villages in the State of Nevada,” approved March tenth, eighteen hundred and sixty-five.

Obstructions.

10

An Act entitled an Act in relation to public highways.

Approved March 15, 1875, 159.

Road districts, how created.

Road

District to remain until disorganized.

447. SECTION 1. Whenever a majority of the taxpayers of any township or townships in any county of this state, whose names shall appear on the last previous assessment roll, shall petition the Board of County Commissioners of such county to divide such township or townships into a road district, or road districts, it shall be the duty of said County Commissioners to so divide such township or townships, and to create such road district or districts (fixing the boundaries thereof and having

the same recorded), and to appoint a Road Supervisor for each Supervisor. district, to serve until next general election, when said Super

visors shall be elected by the people of their district (in the same manner that other township officers are elected) to serve for two years, and until their successors are elected and qualified. When such road district or districts shall once be created they shall remain the same, and have the rights and be subject to the duties herein given and imposed, until a majority of the taxpayers of such district shall petition the Board of County Commissioners of the county to disorganize the same, when it shall be the duty of such board to disorganize said district.

--As amended, Stats. 1877, 141. County Clerk 448. SEC. 2. The County Clerk of the county in which to notify such district or districts may be created, shall immediately after Supervisors. their election or appointment, notify all Road Supervisors so

elected or appointed, who shall qualify within thirty days after

their appointment or election, as provided in section three of Vacancy,

this Act; and whenever a vacancy occurs in suid office of Road Supervisor, either from a failure to qualify or from any other cause, the County Commissioners of such county shall appoint a resident of such district to fill said vacancy, who shall serve until his successor elected at the next general election shall be qualified.

449. Sec. 3. Any person elected or appointed Road bond of Road Supervisor shall, before entering upon the discharge of his

official duties, take and subscribe to the official oath of the state, and shall execute and deliver a good and sufficient bond, with securities to be approved by the Board of County Commissioners of his county, in a penal sum to be fixed by such board, of not less than five hundred dollars, conditioned for the faithful per

Road

bow filled.

Oath and

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