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SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That sections forty-nine (49) and fifty-one (51) of an Act entitled "An Act to provide for the organization of road districts, the election and duties of officers therein, and in regard to roads and bridges in counties not under township organization, and to repeal an Act and parts of Acts therein named, approved May 4, 1887, and in force July 1, 1887, and all Acts amendatory thereof be amended so as to read as follows:

§ 49. The following compensation shall be allowed to the officers provided for by this Act: i. The commissioners of highways shall each receive for each day necessarily employed in the discharge of their duties the sum of two dollars, upon a sworn statement to be filed by each commissioner in the district clerk's office, showing the number of days he was employed, and the kind of employment, and giving the date thereof. 2. The justice of the peace required by this Act to assist in canvassing the vote, shall receive the sum of two dollars per day for his services. 3. The district clerk shall receive two dollars per day for each day he shall be in attendance at a meeting of the board, and the same amount per day for the time he shall be employed as clerk of election, or in canvassing the returns of such election. He shall receive no other per diem. In addition to the above he shall also receive fees for the following services, to be paid out of the district funds, except where otherwise specified: For serving notice of election or appointment upon district officers, as required by this Act, 25 cents each; for posting up notices required by law, 25 cents each; for copying any record in his office and certifying to the same, 10 cents for every hundred words, to be paid by the person applying for the same. Such clerk shall also, as treasurer, receive I per cent on all moneys received, not received from his predecessor, and i per cent on all moneys paid out, not paid to his successor.

$.51. The commissioner of highways shall have charge of the roads and bridges of their respective districts, and it shall be their duty to keep the same in repair, and improve them so far as practicable, and in case they fail or neglect to keep said roads and bridges in good repair, they shall personally be responsible for all damages that may be sustained by any one either in person or property by reason of their failure or neglect to keep the same in good repair: Provided, that county boards in counties not under township organization shall have charge and control of all bridges, the construction of which costs exceeding one hundred dollars ($100), and the county boards shall, when the interest of the public requires it, build such new bridges as cost exceeding that sum. Whenever the available means at the disposal of the highway commissioners will permit it, they shall construct permanent roads, beginning where most needed. The work of grading on all dirt roads shall be done between April 15th and September ist of each year, and no other grading of dirt roads shall be done at any other time of the year except for necessary repairs, and said roads shall be worked in accordance with the best known methods of road making, by proper grading and dragging of the same by means of drags, which drags shall be dragged over and along said roads until same shall be put in a good condition, leaving said roads so that the water will drain toward either side, and said roads shall be thoroughly drained by tile or otherwise, as may be expedient, and by the application of gravel, rock or other material. Any commissioner failing or neglecting to work the roads during the time and in the manner therein provided shall be subject to a fine of not less than fifty dollars ($50) nor more than two hundred dollars ($200).

APPROVED May 24, 1907

IN COUNTIES NOT UNDER TOWNSHIP ORGANIZATION.

WIDTH OF PUBLIC ROADS.

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An Act to amend section seventy-six of "An Act to provide for the

organization of road districts, the election and duties of officers therein and in regard to roads and bridges in counties not under township organization and to repeal an Act and parts of Act (Acts) therein named," approved May 4, 1887, and in force July 1, 1887, as amended by Act approved June 5, 1889, and in force July 1, 1889.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That section seventy-six (76) of “An Act to provide for the organization of road districts, the election and duties of officers therein and in regard to roads and bridges, in counties not under township organization and to repeal an Act and parts of Acts therein named, as amended by Act approved June 5, 1889, and in force July 1, 1889, be amended so as to read as follows:

§ 76. All public roads established under the provisions of this Act shall be of the width of sixty feet: Provided, that on petition for a new road, if a majority of the land owners living along the line of said road sign a petition for a less width than sixty feet, then the commissioners of highways may, when the interests of the public permit, authorize and lay out said road of a width not less than forty feet, and roads called public and private roads may be of the width as in this Act provided : Provided, further, that in case of any new public road heretofore petitioned to be laid out and established and where a final order establishing such road of a width of sixty feet has not been made, upon petition of a majority of the owners of the land over which such road shall pass, asking that such new road be established of a lesser width than sixty feet the commissioners may grant the prayer of said petition by endorsing upon the back thereof a memorandum to that effect and duly signing the same; and such order shall have the force and effect of reducing such new road to the width as in said petition prayed, not less than forty

feet, and all proceedings for the establishing of such new road may be amended to conform thereto. And in all such cases where damages have been assessed by a jury and entered upon the docket of the justice in the nature of a judgment as provided by law, such proceedings and judgment may be set aside upon payment of all costs accrued therein; and after amendment of the certificate filed with the justice of the peace, a new trial may be had upon giving to the adverse party or parties not less than ten days' notice in writing thereof. All public roads laid out as herein provided shall be opened within two years from the time of the laying out the same. If the damages resulting from the establishing of such roads shall not be paid within ninety days from the time it is determined by agreement or final trial; or if such roads are not opened within two years from the time of the laying out of the same, such roads shall be deemed to be vacated.

WHEREAS, An emergency exists, therefore it is enacted that this Act be in force and effect from and after its passage.

APPROVED February 21, 1907.

IN COUNTIES UNDER TOWNSHIP ORGANIZATION.

APPEAL FROM JURY. 1. Adds sections 62a and 62b to Act of

62b. Repeal. 1888.

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An Act to amend An Act in regard to roads and bridges in counties

under township organisation," approved June 23, 1883, in force July 1, 1883, as amended by an Act approved June 30, 1885, as amended by an Act approved April 24, 1899, as amended by an Act approved May 11, 1901, as amended by an Act approved and in force May 13, 1903, as amended by an Act approved May 13, 1905, as amended by an Act approved May 16, 1905, by adding two new sections thereto, to be numbered 628 and 62b.

SECTION 1. Be it enacted by the People of the State of Tuinois, represented in the General Assembly: That an Act to amend an Act entitled, “An Act in regard to roads and bridges in counties under township organization," and to repeal an Act and parts of Acts therein named, approved June 23, 1883, in force July 1, 1883, as amended by an Act approved June 30, 1885; also as amended by an Act approved April 24, 1899, also amended by an Act approved May 11, 1901, also amended by an Act approved and in force May 13, 1903, also amended by an Act approved May 13, 1905, and also amended by an Act approved May 16, 1905, be amended by adding two new sections, to be numbered 62a and 62b.

§ 62a. When such appeal is taken from the verdict of the jury, which was called by the supervisors on an appeal; when the supervisors cannot agree with the owners of the land in regard to the same, then all proceedings shall cease until the amount of damages is settled by the court of appeal, and within twenty (20) days after final adjudication of the court on an appeal, the supervisors shall again meet; or in case of the death of any one, or inability to act, of any of the supervisors on appeal, then their successors in office shall meet and finally determine upon the advisability of laying out the road, and shall make an order for the same and file it in the town clerk's office, which shall be final for two years from the filing of said order, in the town clerk's office; and in case the order of the supervisors is for laying out the road, the highway commissioners and board of auditors shall proceed at once and levy a tax as provided in sections 13, 14, 15 and 16 of this Act; and in case the road is not opened, by failure to open such road, by the failure, neglect or refusal of the highway commissioners, or board of town auditors, to determine, certify or make any tax levy as herein provided, then, and in that case, the time of pending of any proper legal proceedings taken to compel such highway commissioners, or board of town auditors to perform such duties, shall not constitute any part of said two (2) years.

$ 62b. Any Act, or part of Act in conflict with this, is hereby repealed.

FILED May 27, 1907.
This bill having remained with the Governor ten days, Sundays excepted, the General
Assembly being in session, it has thereby become a law.
Witness my hand this 27th day of April, A. D. 1907.

JAMES A. ROSE,
Secretary of State.

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IN COUNTIES UNDER TOWNSHIP ORGANIZATION.

COMPENSATION OF OVERSEERS, § 1. Amends section 118, Act of 1883.

§ 118. Fixes compensation

overseers.

of

(SENATE BILL NO. 424.

APPROVED MAY 25, 1907.) An Act to amend section one hundred eighteen (118) of "An Act in

regard to roads and bridges in counties under township organization and to repeal an Act and parts of Acts therein named," approved June 23, 1883, in force July 1, 1883.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That section one hundred eighteen (118) of an Act in regard to roads and bridges in counties under township organization and to repeal an Act and parts of Acts therein named,” approved June 23, 1883, in force July 1, 1883, be amended to read as follows:

§ 118. COMPENSATION OF OVERSEERS.] Each and every overseer of highways shall be entitled to two dollars ($2.00) per day for every day he is necessarily employed in the execution of duties of overseers, exceeding the amount of his highway labor and road tax, the number of days to be accounted to and audited by the commissioners of highways: Provided, that the number of days to be audited shall be left discretionary with the commissioners of highways.

APPROVED May 25, 1907.

IN COUNTIES UNDER TOWNSHIP ORGANIZATION.

WIDTH, ALTERATION AND VACATION OF ROADS. § 1. Amends sections 30 and 31, Act of

$ 31. Petition for altering, wid1883.

ening. vacating and lay.

ing out roads. § 30. Width of road when

deemed vacated.

(HOUSE BILL No. 177. APPROVED MAY 17, 1907.) An Act to amend sections 30 and 31 of an Act entitled, An Act in

regard to roads and bridges in counties under township organization, and to repeal an Act and parts of Acts therein named," approved June 23, 1883, in force July 1, 1883.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That sections 30 and 31 of an Act entitled, “An Act in regard to roads and bridges in counties under township organization, and to repeal an Act and parts of Acts therein named," approved June 23, 1883, in force July 1, 1883, be and the same are hereby amended to read as follows:

$ 30. WIDTH OF ROAD-WHEN DEEMED VACATED.) All public roads established under this Act shall be of the width of not less than forty feet nor more than sixty feet as the interests of the public permits, which width shall be specifically set forth in the petition as herein directed, and roads called public and private may be of the width in this Act provided. All public roads laid out as herein provided shall be opened within two years from the laying out of the same. If not opened within the time specified, the same shall be deemed to be vacated. [8] 31. ALTERING-WIDENING-VACATING AND LAYING

OUT ROADS.) § 31. The commissioners may alter, widen or vacate any road, or lay out any new road, in their respective towns, when petitioned by any number of land owners, not less than twelve, who shall reside in said town within two miles of the road to be altered, widened, vacated or laid out, or two-thirds of the land owners residing in such town within two miles of the road to be altered, widened, vacated or laid out: Provided, said commissioners may, when in their judgment the interests of the public will permit, also narrow or reduce the width of public roads to not less than forty feet when the same is petitioned for by a majority of land owners along the line of said road so far as the same shall extend within the township, or so far as said petition shall extend within the township. When possible the land so vacated by reducing the width of the road shall be taken equally from both sides of the public highway. In cases of natural obstruction upon one side of the public highway or where the said road extends along the right of way of any railroad, river or canal, the commissioners are authorized to reduce the width of the road on one side only: Provided, further, that said commissioners may also narrow or reduce the streets in town plats not incorporated, so as to leave the same not less than sixty feet in width, on petition and under like proceedings as herein provided in case of laying out, altering, widening, narrowing or vacating roads.

APPROVED May 17, 1907.

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