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visors to

expend the

same.

450. SEC. 4. It shall be the duty of each Road Super-Road Supervisor faithfully to collect all road taxes lawfully imposed and collect road required to be paid, and judiciously and economically to expend taxes and the same, together with all other sums belonging to the road fund of his district, or such part thereof as in his judgment may be required, upon the public highways of his district; to superintend all labor upon such highways, and to see that the same is faithfully performed; provided, that no Road Super- Amount of visor shall be permitted to perform labor upon the highways of expenditure his district in excess of the sum of fifty dollars during any one limited. quarter, except upon the advice and with the consent of the County Commissioners previously obtained. The Supervisor

on roads

of each district shall, on the first Monday of January and the Supervisor first Monday in July of each year, file with the County Clerk of his to le list. county a list of the names of all persons who have been residents thereof thirty days, designating those who have paid poll taxes, and at the same time and place shall file a full and coneise statement of all labor performed, including his own, and all moneys received and paid out. Any surplus of money Surplus paid remaining after payment of all road dues, not including his treasur own wages, he shall pay over to the County Treasurer of his county and take his receipt therefor. The County Treasurer shall place the same to the credit of the road fund, to be used for the benefit of such road district, which said road fund the several Boards of County Commissioners of this state are hereby authorized and directed to create and maintain; provided, such fund may not be created in any county which has not or shall not have any road district.-As amended, Stats. 1881, 48.

moneys from

when to be

451. SEC. 5. All moneys remaining in the road fund Transfer of belonging to any road district at the end of every year, or road fund to belonging to any district that may disorganize, as provided by school fund, this Act, may, on petition of a majority of the taxpayers therein, made. be applied by the County Commissioners to the building of any bridge or special improvement of any highway in said district, or the county in which said district is situated, or upon such petition said moneys may be transferred to the school fund, and applied to the public school or schools of said district.

452. SEC. 6. The compensation of each Road Supervisor Compensashall be fixed by the Board of County Commissioners, payable tion of Road out of the road fund. Such compensation shall not exceed five Supervisor. dollars per day for each day's work actually performed by him as Supervisor while actually engaged in work or superintending work upon the highways, and six per cent. for collecting and disbursing all road taxes; provided, the Supervisors shall Proviso, receive no compensation for such collections and disbursements, or for notifying men to work on the roads, other than the said six per cent.

453. SEC. 7. The moneys constituting the fund of said Road fund, road districts shall first be used in the payment of the bills how used. allowed in favor of such Supervisor for his labor; any surplus may be used in payment of other demands allowed on said road fund by the Board of County Commissioners, including build

Road fund,

and

maintained.

Tax may be levied.

ing and repairing bridges, aqueducts, and highways of th district to which said fund belongs. And no money shall b drawn from the road fund without the order and approval o said Board of County Commissioners.

454. SEC. 8. To create a road fund for the district [s how created hereby authorized to be created, the said County Commissioner are required to set off to said fund the net proceeds of the county proportion of all poll taxes collected from citizens residing i such road district; also, when they deem it expedient, they may levy a property tax not to exceed one-fourth of one per cent. on all the property of the county, annually, to be levied assessed, and collected as other taxes, and assigned by them to the funds of the several road districts, as they may deem for the best interest of the county; also, when a majority of the property holders of any road district shall petition to the County Commissioners in favor of an additional special tax for the benefit of such district, the Commissioners shall levy a tax on all property within such district, at a rate not to exceed three dollars upon each one thousand dollars valuation, which tax shall be collected by the Road Supervisors, as hereinafter provided, and paid into the treasury for the road fund of such district ; provided, that any person owing the last named property tax, may pay a part or all of the same by labor on the roads of the worked out. district, under the direction of the Supervisor thereof, at the rate of three dollars for each full day's work and implements of labor, four dollars per day for each team of two animals, and one dollar per day for each additional animal.-As amended, Stats. 1877, 142.

Tax may be

Demand to be

453. SEC. 9. To enforce the collection of the special taxes made, and, on named in this Act, the Supervisor shall demand of each taxpayer refusal to pay the amount of road tax due, and upon refusal or neglect to pay may be seized the same within twenty days, he may seize so much of any and

1ax, proper y

and sold.

Notice.

Roads are to be opened upon the

majority of the resident taxpayers.

every species of personal property whatsoever owned by said person owing and refusing to pay said tax, and shall, after posting notices in three conspicuous places in such district, giving 'ten days notice, proceed to sell to the highest bidder so much thereof as will be sufficient to pay said road tax and costs of seizure and sale, which costs shall not exceed four dollars in each case. As amended, Stats. 1877, 142.

456. SEC. 10. At any time when a majority of the resident taxpayers of a road district, according to the last previous petition of a assessment roll, shall petition the County Commissioners of their respective counties for the location, opening for public use, establishment, change or vacation of any public road or highway, or road to connect with any highway heretofore established, any street or alley in any incorporated town in such county, setting forth in such petition the beginning, course, and termination of such road or highway, street or alley, proposed to be located and opened for public use, established, change[d], or vacated, together with the names of the owner or owners of the land through which the same will pass, said

how

condemned.

petition may be presented to the County Clerk of said county, and the Clerk shall lay said petition before the Board of County Commissioners at their next meeting after the reception of said petition, and thereupon said Board of Commissioners shall, within thirty days thereafter, proceed to locate, open to public use, establish, change, or vacate such road, highway, street, or alley. Before opening any new road, street, or alley, or changing same through private property, such property shall be condemned for public use as follows: The Board of County Property, Commissioners shall appoint one disinterested person, and the owners or agents of the land through which such highway may run shall select one such person, and the two shall proceed to view out such road, street, or alley, and shall ascertain and make estimates of damages done to any property through which it may be located, changed, or vacated, after deducting any advantages arising from such location, change, or vacation of such road, street, or alley, to the owner or owners of such property. If the two viewers cannot agree as to such damages, then they shall choose a third person, and the three persons so selected as viewers shall be authorized to administer oaths, compel the attendance of witnesses before them as road viewers, and their decision in the matter shall be final; provided, that par- Aggrieved ties aggrieved by the decision of such road viewers may commence action in the district court within twenty days from the action within date of such decision, to set aside their award; and the upon final award and decision of such damages, the Board of County Commissioners shall order the Road Supervisor of district to open, establish, change, or vacate as the case may be, such road, street, or alley, according to the petition aforesaid; provided, that in no case shall the Commissioners cause any road or street Road not to be opened where the same shall run diagonally through any diagonally lands or lot so as to greatly impair it in shape, or through an through land. orchard four years old, without the consent of the owner or owners thereof; and in all cases they shall follow legal subdivisional lines of the government surveys, or of town plats, where the same is practicable.-As amended, Stats. 1877, 142.

parties may comm.nce

twenty days.

to run

not more

457. SEC. 11. The width of all public highways here- Roads to be after constructed shall be regulated and established by the than sixty Boards of County Commissioners; provided, no such highways feet wide. shall exceed in width sixty feet.-As amended, Stats. 1877, 143 ; 1885, 49.

438. SEC. 12. An Act entitled "An Act in relation to public highways," approved March fifth, eighteen hundred and seventy-three, and all Acts and parts of Acts in conflict with this Act, are hereby repealed.-As amended, Stats. 1877, 143.

Persons

water ac:OSS

highways to

maintain

bridges and

An Act to provide for the better preservation of public roads an

highways.

Approved March 5, 1885, 65.

459. SECTION 1. All persons conducting water across an con.ucing public road or highway, or across any street or alley in an unincorporated town in this state, for domestic, mining, agri construct and cultural or manufacturing purposes, are hereby required to construct and maintain, at their own expense, good and substantial culverts or bridges, as the case may be, over such cross ings, and shall in no case allow any stream of water, diverted from its natural channel for such purposes by them, to flood or wash any public road or any street or alley in any unincorporated town of this state.

culveris.

Duties of
Road

460. SEC. 2. It is hereby made the duty of the Road Supervisors. Supervisor, in each and every road district of this state, and in case there be no regularly elected and qualified Road Supervisor, then it is hereby made the duty of the Chairman of the Board of County Commissioners, to at once notify the party or parties violating the provisions of this Act to make such construction or repair as may be necessary, and if such persons shall refuse or neglect to make the same for a period of five days, then it shall be the duty of the Road Supervisor, or in case of his absence, the Chairman of the Board of County Commissioners, to immediately cause the necessary construction or repairs to be made, and to submit in duplicate to the Board of County Commissioners and to the District Attorney, itemized bills of the expense so incurred, which shall be allowed and paid as other bills against the road fund of the district in which said construction or repairs were made, and in case there be no moneys in the said fund, then out of any moneys in the general county fund not otherwise appropriated.

Duties of
District
Attorney.

Disposal of moneys collected.

461. SEC. 3. It shall be the duty of the District Attorney receiving such bill of expense, as provided in section two of this Act, to immediately commence an action in any court of competent jurisdiction, for the recovery of such an amount as set forth in the itemized bill of expense aforesaid, together with costs of suit.

462. SEC. 4. All moneys so collected, after paying costs of suit, shall be returned and paid into the fund from which the original bill of expense named in section two of this Act shall have been allowed and paid by the Board of County Commissioners.

An Act to provide for the erection of guide-boards on public roads and highways.

Approved February 21, 1879, 44.

County Commissioners.

463. SECTION 1. It is hereby made the duty of the Board Duties of of County Commissioners in each county of this state, within ninety days after the passage of this Act, to cause to be put up, and to be thereafter kept up, at each crossing or forks of any public roads, or highways in such county, and at each place where a public road or highway crosses or diverges from any To erect private or toll road, a guide-board, having thereon an index or guide-boards. pointer, and the words "to (naming the place or first point of any importance on such road, and the number of miles, as near as may be, thereto) miles." Such number of guide-boards shall be put up and so placed at all such points as to enable travelers to readily understand therefrom the road they may wish to travel, in order to arrive at the desired destination.

Style
of board.

toll roads

464. SEC. 2. The owner or owners of any toll road in Owners of this state, having one or more lateral branches, are hereby to erect posts. required, at their own expense, to comply with the provisions of section one of this Act.

465. SEC. 3. Any willful neglect to carry out the pro- Penalties. visions of this Act on the part of any such owner or owners of toll road or roads, shall, upon conviction thereof, subject the offender to a fine of not less than twenty-five nor more than one hundred dollars.

An Act in relation to erection and maintenance of bridges.

Approved February 21, 1877, 81.

etc.

466. SECTION 1. All public bridges, not otherwise specially Maintenance provided for, are maintained by the road district in which they of bridges, are situated, the districts which they unite, and the county at large, in the same manner as highways, and under the management and control of the Road Overseers and Board of County Commissioners; the expense of constructing, maintaining, and repairing the same being primarily payable out of [the] road fund of the district or districts in the hands of the County Treasurer.

May be maintained from the general

467. SEC. 2. Whenever it appears to the Board of County Commissioners that any road district is or would be unreasonably burdened by the expense of constructing or maintenance fund or from and repair of any bridge, they may, in their discretion, cause all or a portion of the aggregate cost or expense to be paid out of the general county fund, or a portion out of that fund, or out

special tax.

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