town board, and which shall be at their disposal for the general benefit of the township, for road and bridge purposes; the other half of such money shall be paid by the town treasurer to the overseer of the district from which such tax is collected, and expended by such overseer only for the following purposes: First. For the construction and repair of bridges and culverts, and making tire guards along the lines of the roads. Second. For the payment of damages for right of way of any public road. Third. For the payment of wages of overseers, and for necessary guide boards. Fourth. For the payment of wages of commissioners of roads, surveyor, chainmen, and other persons engaged in locating or altering any county road, if the road be finally established or altered as hereinbefore provided. Fifth. For work and repairs on roads.

SEC. 92. [Expenditure in another district.]-The town board shall have power, upon receiving a petition signed by at least two-thirds of the qualified electors of any district, to order that any road moneys belong[ing] to the district be expended in any other district in such township, under the direction of the proper overseer thereof, and in such case such overseer shall pay all money in his hands to the overseer of the district in which such money is ordered to be expend ed, and take his receipt for the same.

SEC. 93. [Notice to parties to work out tax.]-It shall be the duty of each overseer of roads to give at least three days notice to all persons residing in his distric liable to pay labor and road tax, either personally or by writing left at their usual place of abode, of the time when between the first day of April and first day of November in each year, and the place where they may appear and pay their labor tax and three-fourths of their township road tax in labor, and with what implements.

SEC. 94. [Allowance for work.]-The overseer shall allow all persons who may appear in pursuance of such notice the same allowances as in counties not under township organization, as provided in section 79 of this act, and the certificate thereof shall be received by the treasurer in discharge of the labor tax and three-fourths of the township road tax, of such person; the other one-fourth of such township road tax, and the county road cax, shall be paid in cash; Provided, That any person not notified by the overseer to labor upon the roads as herein before provided, shall be discharged from the payment of said labor tax, and three-fourths of such township road tax.

SEC. 95. [Overseer's return to town treasurer.]-Each overseer of roads shall make a return to the township treasurer on or before the first day of November in each year, containing the names of each person liable to pay labor or road tax, or both, in, his district, whom he has notifled to labor upon the roads, as provided in section 93. Such return shall be made under oath, and shall be conclusive evidence that notice to labor as aforesaid upon the persons therein named has been made by said overseer. And when the township treasurer returns the duplicate tax list to the county treasurer, as provided by law, he shall accompany the same with the returns made to him by said overseers. If any overseer makes a false return, he shall be guilty of perjury, and be punished accordingly.

SEC. 96. [Settlement of overseer.]-Each overseer shall, at the time required by the town board, make a settlement of his accounts, showing the amount of money coming into his hands as such overseer, and how the same has been expended. In such settlement he shall be allowed the same amount for similar services by overseers in counties not under township organization, as provided in section 82, which sum shall be paid out of any money belonging to his district, after deducting his labor tax, and three-fourths of his township road tax; and if there be not sufficient money belonging to the district with which to pay said overseer, he may be paid in whole or in part out of the township road fund, or for any balance due him he may receive from the town board a certificate which may be received in payment of his own township road tax for any succeeding year.

SEC. 97. [Contracts for building bridges, etc.]-All contracts for the erection and reparation of bridges and approaches thereto, for the building of cul

ROADS.

CH. 78

verts and improvements on roads, within the limits of any township, the cost or expense of which shall exceed one hundred dollars, shall be let by the town board to the lowest competent bidder; but no contract shall be entered into for a greater sum than the amount of money on hand in the township road fund, derived from the levy of previous years and two-thirds of the levy of the current year, together with the amount of money on hand belonging to the district where such work is to be performed. The contract shall be let and the successful bidder give bond as provided in sections 83, 84, and 85 for the letting of contracts in counties not under township organization; and all the provisions of said sections shall apply, so far as applicable, to the letting of contracts provided for in this section; Provided, That where any work is to be performed or contract let, the cost of which is to be paid by order of the county board entirely out of the county road fund, or by the entire county, the contract therefor shall be let by the county board in the same manner as provided in sections 83, 84, and 85, for the letting of such contracts in counties not under township organization.

SEC. 98. [Work let by contract, how paid for.]-Where any contract is let as aforesaid by the town board, the expense of which is to be borne exclusively by the township, it shall be paid from the money belonging to the district in which such work is performed; or, if that be insufficient, the balance shall be paid from the township road fund, and if the work be of general benefit to the entire township, the town board may, in their discretion, cause the same to be entirely paid for from the township road fund, or from the fund of each district pro rata; Provided, That if under any law of this state, bonds are voted to aid in the building or repairing of any bridge, the expense shall be paid by such bonds or the proceeds thereof.

ROADS ON TOWN LINES.

SEC. 99. [Road on town lines.]-Where a public road is located on township lines, the county board shall allot the part of such road which such town shall keep in repair, and the part so allotted shall be considered as wholly belonging to such town.

SEC. 100. [Appropriation from county treasury.]-When it shall be necessary to build, construct, or repair any bridge, or road, in any town, which would be an unreasonable burden to the same, the cost of which will be more than can be raised in one year by ordinary road taxes in such town, the town board shall present a petition to the county board of the county in which such town is situated, praying for an appropriation from the county treasury to aid in the building, constructing or repairing of such bridge or road and such county board may (a majority of all the members elect voting for the same) make an appropriation of so much for that purpose, as in their judgment, the nature of the case requires and the funds of the county will justify; said appropriation to be expended under the supervision of an authorized agent or agents of the county, if the county board shall so order. In such case, where the county grants aid, as aforesaid, the contract shall be let by the town board, under the provisions of sections 83, 84, and 85.

BRIDGES ON TOWN LINES.

SEC. 101. [Bridges on town lines.]-Bridges over streams which divide township lines, and briages over streams on roads on township lines, shall, if the expense thereof be not paid by the county board, be built and repaired at the equal expense of such towns: Provided, That for the building and maintaining of bridges over streams near township lines, in which both are equally interested, the expense of building and maintaining such bridges shall be borne equally by the townships so interested.

SEC. 102. [Same-Contracts, how let.]-Contracts for the purposes mentioned in the foregoing section may be entered into and enforced in the same manner as provided in sections 89 and 90, for the enforcement of similar contracts in counties not under township organization.

BRIDGES OF COUNTY.

SEC. 102 a. [Same.]-That in counties under township organization the expense of building, maintaining and repairing bridges on public roads over streams shall be borne exclusively by the counties within which such bridges are located. [1887, chap. 72.]

SEC. 102 b. [Same.]-The county board of every such county shall build, maintain and repair every such bridge, and make prompt and adequate provision for the payment of the expense thereof. [Id.]

SEC. 103. [Repealed Chap. 47 R. S. 342. G. S.950.]

ROAD FUND WARRANTS.

SEC. 104. [Special tax to pay road fund warrants.j-That in order to provide for the payment of outstanding road fund warrants issued by any organized county in this state prior to the repeal of the act authorizing their issue, the county commissioners of any county where such indebtedness exists, be and the same are hereby authorized and empowered to levy a special tax not exceeding five mills upon the dollar of the valuation of said county, or so much thereof as may be necessary to pay all the outstanding indebtedness of the character herein before mentioned. Said levy to be made by the county commissioners at their next regular annual meeting in July, 1879, while assembled for the purpose of levying other taxes as provided by law. Said tax to be collected by the county treasurer in the same manner as other county taxes are collected, and the said warrants to be paid by the county treasurer in the order in which they appear upon his warrant register. [1879 § 1, 164.]

SEC. 105. [Same.]-In case the five mill levy hereinbefore mentioned in section one of this act, shall not be sufficient to pay the entire amount of outstanding road fund warrants, the county commissioners in such counties where a deficiency exists shall annually thereafter make other levies for this purpose, not exceeding five mills on the dollar in any one year, until all the outstanding road fund warrants before mentioned shall have been paid. [Id. § 2.]

SEC. 106. [When transferred to general fund.]-All moneys derived from the collection of taxes under this levy remaining in the hands of the county treasurer after all the road fund warrants shall have been paid, shall be transferred to the general fund of said county. [Id. § 3.]

TRENCHES AND DITCHES.

SEC. 107. [Trenches and ditches.]-It shall be unlawful for any road supervisor, contractor, or other person whose duty it shall be to grade any road, highway or approach to any bridge or culvert, in any county in this state, to dig any ditch, trench, or other excavation, within less than fifteen feet of the centre line of such road, highway, or approach, except in cases where for any cause a bridge or culvert shall have been placed one side of the centre line of a road; then and in that case no ditch, trench, or other excavation shall be made within less than fifteen feet of the centre line of the approach to such bridge or culvert; Provided, That this act shall not be so construed as to prevent the digging of a ditch or drain across any road, when it becomes necessary to make a culvert or bridge

SECS. 102 a-b. "An act to provide for the building, maintaining and repairing certain bridges in counties under township organization." Laws 1887, chap. 72. Took effect July 1, 1887. This act would seem to repeal all provisions relative to the building of bridges by the towns in counties under township organization SECS. 104-106. "An act to provide for the payment of outstanding county road fund warrants." Laws 1879, 164. Took effect June 1, 1879. SEC. 107. "An act to prevent the digging of ditches or trenches within less then fifteen feet of the centre line of public highways." [Approved and took effect March 5, 1885.]

for the purpose of allowing the water to flow across the line of such road through such culvert or under such bridge. [1885, chap. 78.]

BARBED WIRE FENCE.

SEC. 108. [Obstructing highway.]-That from and after the passage of this act it shall be unlawful for any person to build a barbed wire fence across or in any plain traveled road or track in common use, either public or private, in this state, without first putting up sufficient guards to prevent either man or beast from running into said fence. [1885, chap. 77.]

SEC. 109. [Penalty-Any person violating the provisions of the foregoing section, shall be guilty of a misdemeanor and fined not less than five ($5.00) nor more than twenty-five ($25.00) dollars, and shall be liable for all damages that may accrue to the party damaged by reason of said barbed wire fence. [Id.]

REPAIRING CROSSINGS.

SEC. 110. [Crossings.]—Any railroad corporation, canal company, mill owner, or any person or persons who now own, or may hereafter own, or operate, any railroad, canal or ditch that crosses any public or private road, shall make and keep in good repair good and sufficient crossings on all such roads, including all the grading, bridges, ditches and culverts that may be necessary, within their right of way. [1887, chap. 78.]

SEC. 111. [Neglect-Notice.]-That the road supervisor o. any road district where any party or corporation mentioned in section 1, has failed or neglected to comply therewith, shall give thirty days notice in writing to said corporation, company or person, or their agent, where such crossing is required; a copy of notice to be sworn to and filed with the county clerk. [Id.]

SEC. 112. [Same-Action to compel obedience.]-If any corporation or party mentioned in section 1 of this act shall fail or neglect for sixty days from date of filing said notice to make said crossing as required by section 1, then it shall be the duty of the county commissioner or supervisor to bring an action in the name of the county, and compel said corporation, company or person to make such crossing, and said corporation, company or person shall pay all costs and damages sustained by the county or any person or persons, together with a reasonable attorney's fees for plaintiff. [Id.]]

SEC. 113. [Crossings, where located.]-All crossings, bridges and culverts shall be in the center of the road; Provided, That where it is impracticable to make a crossing in the center of the road, said corporation, company or persons may obtain by purchase or otherwise, the right of way around any obstruction, which shall be surveyed, platted and recorded in the county where located, and it shall thereafter be a public highway. All costs shall be paid by such corporation, company or persons. [Id.]

CHAPTER 78 a.-SALVAGES.

SECTION 1. [Wrecks.]-When any boat, raft, lumber, staves, shingles, logs, rails, posts, cord-wood, or other valuable timber shall be lost or wrecked upon any river or creek, any person may take up and secure the same. [1883, chap. LXXI.]

SEC. 2. [Payment of premium.]-When any person shall claim such property and shall prove his right to the same before any justice of the peace of the county where said property was taken up, the same shall be restored to such owner upon payment to salvor of a premium of salvage equal to ten per centum

SECS. 108, 109. "An act to prohibit the obstructing roads and highways." [Approved March 5, 1885. Took effect June 5, 1885.] SECS. 110-113. An act to compel railroad corporations and others to make and keep in repair crossings." Laws 1887, chap. 73. Took effect March 31, 1887.

CHAP. 78 a. "An act regulating salvages." Laws 1883, chap. LXXI. Took effect May 26th, 1883. Party claiming lien must comply substantially with the law. 17 Neb. 670.

of the valuation of such property, to be determined by such justice of the peace, if not agreed upon by such owner and salvor, and the legal costs of proceeding.

SEC. 3. [Disposal of property.-When any person shall take up and secure any such property of less value than ten dollars, he may return and dispose of the same to his own use, provided the owner does not claim the same within ten days after the taking up of such property.

SEC. 4. [Same-Sale.]-When such property shall be of greater value than ten dollars, the justice of the peace shall, by warrant under his hand, direct any constable to sell the same at public vendue, giving ten day's notice, by three advertisements put up in public places in his precinct, of the time and place of sale.

SEC. 5. [Restitution.]-The owner, on proof of ownership before any justice of the peace, may have restitution of his property at any time before the sale is made, on payment of salvage and costs.

SEC. 6. [Proceeds of sale.]-If no claimant appears on or before the time of the sale, the justice shall allow to the taker up his salvage according to this act, and the balance of said money, after paying the costs, shall be paid by said justice into the treasury, for the benefit of public schools of such county.

SEC. 7. [Valuation of property.]-When it may be necessary to ascertain the value of any property so taken, any justice of the peace of the proper county, on the application of any party concerned, may appoint three freeholders, who, being sworn, shall ascertain and assess the value of such property, and return their valuation to such justice.

SEC. 8. [Duty of salvor.]-Within two days after the taking up and securing of any such wrecked property, the salvor shall make oath before a justice of the peace of the precinct in which such property is taken up or secured, that the property was lost or wrecked and in a perishable condition, and that he was not directly or indirectly instrumental in causing the property to be so wrecked or lost, and also the quantity, quality and estimated value of such property, and the time and place of taking up, and that he has not disposed or secreted any part of the same. If such property be not claimed and proved by the owner within ten days after the filing of such affidavit, such justice shall, on the application of such salvor, issue a warrant directed to any constable of said township, directing him to sell the same at public vendue, first giving ten days' notice by three advertisements put in public places in his precinct, of the time and place of sale; and if such property be not claimed and proved by the owners, and the salvage and costs paid, then such property shall be sold and the proceeds shall be returned to such justice, who shall pay to the proper parties the salvage and costs of proceeding; and the remainder, if any, shall be paid into the county treasury for the benefit of public school fund of such county, unless the owner shall make proof of his right to the same within three months; Provided, If the name or initial of the owner of any log, toy, or other property, be plainly marked or branded thereon, then the salvor shall, in addition to the foregoing proceedings, also give notice to the owner, if known from such mark or brand.

SEC. 9. [Penalty.]-If any person shall retain, sell, or dispose of any such property wrecked, lost, or adrift, without complying with each and all of the requirements of this act, such person shall be deemed guilty of the larceny of such property, and on conviction thereof shall be punished as for the unlawful taking, stealing, and carrying away of such property.

CHAPTER 79.-SCHOOLS.

SUBDIVISION I.-SCHOOL DISTRICTS.

SECTION 1. ["School" and "District" construed.]-The term school. district as used in this chapter is declared to mean the territory under the jurisdiction of a single school board authorized by this chapter. The term school shall CHAP. 79. "An act to establish a system of public instruction." Laws 1881, chap. 78. Took effect March 1, 1881.