Grand Rapids Herald-Review Newspaper, April 30, 1913, Page 29

-emRuch decree, | ns Sa. 2: pra shpat RnB for the ‘thereon, and of such city shal ‘ake ‘pasment of auch payment ‘suc for the accumula- or the redemption of semi-annually, but it of the principal and and the denominations in’ fs are issued shall be such d upon by the city coun- meil. All of said bonds the mayor, attested by the nd ‘countersigned by the city Edie, city, issuing the | same, fealed with the seal of such the signature of jthe mayor to the cout attaches ‘any, may be lithographed gone of said bonds shail be soid ptheir par value and accrued only to the highest responsi- a) . Sec. 4. This act shall SG any cities having and operating srule charter adopted under the ection 36 of Article 4 of the Phis act shall take effect and be aoand after its passage. 9 1915. 232-8. F, No. 583. “An act authorising cities er having a population of wsand innabitants to accept Ses or bequests of money or “trust for certain purposes, and Such trust by such officers as may be designated in the ment creating the trus by the Legislature of the State — That any city in the State of ‘now or hereafter having a popul: (over fifty thousand inhabitants, shall, lon to all other powers now possessed . ‘and it is hereby given, power to accept in trust, gifts, de- Dequests. of money or property, ithe same be donated, devised of bequeathed prior or subsequent to the passage of ay Yor the purpose off founding, an be maintaing free medical dis- esos for the benefit of the poor of any She eity or of the county in which any such if is Situated, and for the purpose of * . establishing and maintaing — free © pablic libraries for the use and benefit of the ~ inhabitants of any such city or of the county ih_which any such city is situated. 2. Any such city is hereby author- zed and empowered to administer any gift, or bequest to it in trust for the pur- aforesaid, by such officials, officers or S as the donor or testator may desig- _ for that purpose in the will or in- at creating the trust, and in accord- with the terms of such will or instru- Tent, and any officers or officials of any such Sity or of any county in which any such city situated, may be designated to ad- inister any such trust by any will or other ment creating the trust in any such lity for either of the purposes afore- “are hereby empowered to administer, ¢ hereby charged with the duty of ring, such trust i: accordance with . ne terms of the will or instrument creating | Sec. 8. This act shall apply to cities hav- ‘Ing @ population of over frty thousand. { habitants now or hereafter operating under a bome-rule charter adopted pursuant to Section . je 4 of the Constitution of & t the State Sec. 4 This act shall take effect and be ii from and after its . “Approved Apri 9, 1913. CHAPTER 233-8. F. No. 593. AN ACT to provide for the entry of new and _ confirmatory decrees by Probate Courts in certain cases. Be it enacted by the Legislature of the State a ion In any case where a decree af- fecting ‘the title to real estate has heretofore Deen made by a Probate Court without due Rotice being given as required by law, any person interested in the property affected by whether as heir, devisee, grantee, wmay apply to such Probate ition, to enter a new and con- fecree assigning such property to /ewsen_or persons to whom the same was Sued by such former decree, according to APR ME such former decres. . Upon ing of such petition, thCourt shall by order or citation appoint e for hearing said petition; notice of ‘Whi shall be given by three weeks’ publica- tion 6f a copy of said order in the manner provided by law for the publication of other hotices of proceedings in the Probate Court. ‘The Court in its discretion may require other ».or further ete of such, hearing to be given <0 such persons as it may deem proper. Sec, if upon such hearing the Court shall be gatisfied that the person or persons to whom such property was assighed by such former decree were in fact the- persons entitled thereto, it shall enter a new decree assigning such property to the persons to whom the Same was assigned by such former decree, in the proportions and upon the conditions speci- fied therein; subject, however, to the rights of ali persons claiming under any person hamed in such former decree, as owner, mort- gagee, or otherwise. Such former decree shall be prima facie evidence of the truth of the recitais contained therein, and of the fact that the persons named therein were entitled to the property therein mentioned, in the propor- tions and upon the conditions therein speci- fied. Provided, however, that this act shall not be construed to authorize the entry of a new and confirmatory decree in any case Where it shall be ade to appear that the dispositions made by such former decree were eProneous in fact or in law. Sec. 4. ‘This act shall take effect and be in force from and after its passage, Approved April 9, 1913. « CHAPTER F. No. 668, ‘AN ACT regulating the pleading and prac- tite in the municipal court of the City of water, Minnesota, in reference to of- ot, Judgment and the effect thereof. Re it endctea by the Legislature of the State of ola: Sectiou/1. At least five (5) days before the it day of the term at which any civil case W stand for trial in the Municipal Court he City of Stillwater, the defendant may gerye on the adverse party an offer to allow judgment to be taken against him for the #um or property, or to the effect therein ‘Hpecified, with costs then accrued. If on or Defore the second day of said term such party shall give notice that tne offer is accepted he may file the same with proof of such hotice and thereupon the clerk shall enter judgment accordingly. Otherwise the offer Shall be deemed withdrawn and evidence thereof shall not be given; and if a more favorable judgment be not recovered no costs Shall be allowed, but those of the defendant shall be taxed in his favor. “Bec. This act shall take effect and be fores from and after May 1, 1913. Approved April 9, 1913. CHAPTER 285—H. F. No. 571. AN ACT relating to public highway: the wers and duties of counties, towns, vil-/ ages and cities in relation thereto; the cre. ation of a State Highway Commission, pre- ‘scribing is powers and duties, appropria! ing movey therefor, and providing for the rment of State Aid for the construction Improvement of roads, and authorizing ‘Girecting the levy of taxes for high- . ted by the Legislature of the State Sof act and definitions; powers and Guties of counties, towns and other munic- ipalities. Section 1. SCOPE OF ACT.—The provi- sions of this act shall be construed as relat- Sng solely to roads, cartways, and bridges Fs , not included within the mits of any city, village, or borough, except when’ high- sways within villages or cities are specifically roads of this State shall for the pur- of this act, be desiguated and referred TO us ‘State Roads," “County Roads” and ‘epown Roads,’ and’ shall be laid out, con- , improved, repaired and maintained “by the ‘authorities hereinafter set forth, as herein. provided. Subdivision (i). The words “State Roads” be construed to include all roads which we heretofore been designated. or which may hereafter be designated as State Roads. _ Subdivision. @).. The words ‘County 7 shall be, construed to include those ished, ected or improved. under ‘authority of the several county boards, and also all roads fj established by ju- constructed and ity of the several r provided. “ROAD’ —Thé words ‘‘road’ h in this act ued to include bridges upon form a part of the road or highway Smproved or constructed. a Qe laf TH Pie ROAD. AN ished by. Town or County. Boards j gutabieljeast four (4) rods. wide. and he six (6) rods wide when all residents El not sa er be’ greater than. ements Po ‘any approach to, or "t ‘Of a five-foot rise in a hundred ieee. . Subdivision (4). OWNERS Persons lawfully occupying United tes or State Lands shall be cous the owners, thereof for the purposes of ‘act. Sec. 3. STATE ROADS.—AMN State Roads shall be constructed, improved and maintained ‘by the couuties under rules, and regulations to be made and promulgated by the Highway Commission, f . Sec. 4. All county roads shall be estab- lished, constructed and improved py ne sev- eral county boards. in conformity with the rules and regulations to be made and pro- mulgated by the Highway Commission; pro- vided. however, that In counties having & pop: ulation of one hundred fifty thousand ( 000) lahabitants or over and which wow have or hereafter may have a County Superintend- ent of Highways or other officer to superin- tend the construction and improvement of roads within its confines, the rules and regu- lations made by the Highway Commission need not be complied with, The County Board of any County may appropriate from its Road and Bridge Fund to any town in, its couitty, uch sums of money as are available and which it deems advisable. to aid such. towns in the construction and maintenance of roads therein; provided, that in counties having a population of one’ hundred fifty thousand (150, 000) Inhabitants or over, such. county att may be expended, In accordance with the provisions of CHapter 164, Laws 1905, as amended. by Chapter 208 Laws 1909. The town through which any — county road may pass shall maintain and keep it in repatr under the rules and regulations of the Highway Commission. » Provided, however, that, in counties having a population of one hundred fifty thousand inhabitants (150,000) or over and which now have or hereafter may have a County Superintendent of Highways or other officer to superintend the construc- tion of improvement of roads within its con- fines, the several towns thereof shall have no Jurisdiction over county road: Sec. 5. TOWN ROADS.—AN_ town roads shall be located, constructed, repaired and maintained by Town Boards, provided that the County Boards’ may aid in the construc flon, repair and maintenance of such roads. The town Board may appropriate money from the Town, Road and bridge fund to aid in the construction or improvement of any road within the town which has been desig- nated as a State Road. Any money. so_ ai propriated shall be paid into the County Roa: and Bridge fund and shall be used only for the purpose designated by the Town Board at the time it makes such appropriatjon, 6. “APPROPRIATIONS BY" TOWN. GE, BOROUGH OR CITY FOR EX: PENDITURE OUTSIDB.—The council of eny village, ‘borough or of any city of the fourth class or the town board of any town, may ap- propriate and expend such reasonable sums as it may deem proper to assist in the Improve- ment and maintenance of roads lying beyond its boundaries and leading into it, and of bridges thereon, whether they are within or without’ the county in which it is situated. Sec. 7. FILING OF PLANS AND SPECI- FICATIONS AS CONDITYONS PRECEDENT TO CONTRACT.—Subdivision (1). BRIDGES. ‘0 contract for the construction or eregtioa of a bridge shall be entered into by any coun- ty, town, village or city of the fourth class where the contract price of such bridge ex- ceeds the sum of Five Hundred Dollars ($500.00); unless plans and specifications for the proposed bridge shall be filed with the County Auditor, in case of ceunty contracts, or with the town, village or city clerk re- spectively, in case’a contract is to be entered into by @ town, village /or city of the fourth class, at least three weeks prior to the time when such bids are to be considered and the contract entered into, nor shall any such con- tract be let without first advertising for bids or proposals therefor in the newspaper, pub- lished in the county, in which the official pro- ceedings of the county board are published. Such advertisement shall be published once a week for three successive weeks preceding the time ‘fixed for receiving bids and letting the contract and shall state the time and place of receiving bids and awarding the con- tract and shall refer to the fact that plans and specifications are on file in the office hereinbefore specified. Subdivision ROADS,—No county or town shall contract for the construction or im- provement of any road where the contract price exceeds Five Hundred Dollars ($500.00) Unless plans and specifications shall have been made and prepared and filed as provided in Subdivision 1 of this Section, nor until ad- vertisements for bids shall have been pub- lished as therein prov’ or. Sec, *§, “staBLISHD ROADS.—Every road established by the public authorities, where no appeal has been taken within the time Mmited therefor, is hereby declared a public road to all intents and purposes, and all persons who have neglected to appeal within the time prescribed by law, shall be forever debarred from any further redress. HIGHWAY COMMISSION—STATE ROADS AND STATE AID, Sec. 9. GOVERNOR TO APPOINT COM- MISSIONERS—TERMS OF OFFICE.—On or before January 1, 1914, the Governor shall ap- point one commissioner to succeed that mem- ber of the Board of Highway Commissioners appointed under the provisions of Chapter 163, General Laws 1905, whose term of service then expires, and each year thereafter he shall appoint one ‘commissioner until the three com- missioners provided by Chapter 163, General Laws 1905 and Chapter 83, Laws 1911, are appointed, then each shall be appointed for three years, and until his successor has been appointed and qualified, but not more than two members of said commission shall belong to the same political party. Such commis- sioners shall serve without compensation. ‘The Governor shall fill all vacancies and may re- move a member for inefficiency, malfeasance or neglect of duty. All appointments to fill Vacancies shall be for the balance of the un- expired term of the commissioner whose death, removal or resignation caused the vacancy. The State Highway Commission to be con- stituted and appointed under the provisions of this act shall be deemed a continuation of the State Highway Commission constituted and appofated under the provisions of Chap- ter 163, Laws 1905, and Chapter 33, Laws 1911. All questions shail be determined by a ma- jority vote of such commissioners. Sec, 10, CHAIRMAN,— SECRETARY,— DEPUTY AND ASSISTANT ENGINEER: Said Highway Commission shall elect from its members a chairman and vice chair man, it shall have a common seal, the mem- bers’ thereof shall have power to’ administer oaths, and it shall be provided with a suitable office ‘at the capitol where it shall hold regular meetings not less than once in each month, Sald commission shall appoint a_ secretary, who shall be a civil engineer and practical road builder, who shall be known as the State Bngineer; it may also appoint deputy and as- sistant engineers and employ such other per- sons as it may from time to time require, and shall fix their compensation. Said State Engineer, his deputies and assistant engineers, shall, each before entering upon the duties of their’ office, subscribe to, execute and file an oath of office and a bond in the penal sum of three thousand dollars ($3900.00) with suffi- cient sureties, conditioned on the faithful per- formance of ‘ther officia} duties. The secre- tary shall keep a record of every vote and official act of said commission, shall file and safely keep ail maps and papers belonging to ft, shall devote all of his time to the interest, of the state as prescribed by said commission, and shall be in charge of the offices of the commission at the capitol, There shall be present at ali times in the ‘office of said com- mission, either the State Engineer or one of his deputies, It shall also be the duty of the said State Engineer and his deputies and assistants to give advice, assistance and super- vision with regard to road and bridge con- struction throughout the state, as may be re- quired and as the rules and regulations of the commission may prescribe, and to render such other engineering and surveying services as may be required by the Governor for any of the State departments, and said State En- gineer and his deputies’ and assistants may be Tequired by. the commission to attend) any public meeting held by the commission or other parties in the Interest of road improvement in this State;, provided, that the members of said commission, such State Engineer, deputies, assistants, and other persons employed by said commission, shall be allowed necessary ex- penises, while performing their official duties Outeide of the state capitol. or outside the town or county in which they reside, All of the files and records of said’ commis- sion shall, under reasonable regulations, kept open’ for public inspection and_ certified copies thereof shall be received in evidence In court of the State. he Attorney Genera} of the State shall be ex-off attorney for the commission and shall give the commission such legal counsel, advice and services as it may from time to time require, Sec. 11,—LOCATION OF ROAD MATE RIAL—REPORT TO GOVERNOR.—W1 ever practicable said commission shall Investicate and (letermine the _—_loca~ tion of road material in the state, ascer- in the most approved methods of construc- tion and improvement of roads, investigate the nost approvéd laws in relation to noads In ener state and hold public meetings throaghout the state when deemed advisable. On or before March Ist of each year it shall make a printed report to the Governor, Stating among other things deemed by it ex- pedient and of general interest on the subject of road-building, as near as possible, the number of miles of state roads built or im- proved during the preceding year and their fost; the general character and-location of ma- terial suitable for road construction; the ge1 eral character and needs of. the roads of the state; and recommend such legislation as it deems advisable, STATE ROAD. AND BRIDGE THEREFOR:—For the pur- Bajoining such road shall petition y WIDTH OF BRIDGE S.—-All bridges and culverts, ‘es thereto, on any road, hereafter ‘or lmproved. shall be at’ least six- ¢ wide; and when such bridge in ‘or fepair shall be raised three ‘above the level of the bank on 3 pose state aid in the construe- tion and improvement of public high= wavs, there shall hereafter be levied annually on alt taxable property of the State a tax of one mill on each dollar of valuation, to be collected in the same manner ax other state toxes, apd the money 0 raised, together with all moneys accuring from the income derived be fy a (i ‘all unexpenc funds in ther: any year babe Bs ‘over to the credit of the com- mission for nt years. All accounts and expenditures shall be certi- fied by the rman of said commission, and paid the State Trea: drawn by the State Sec. 14. MEMBERS AND EMPLOYES NOT TO BE INTERESTED IN CONTRACTS.— he members of the Highway Commis-ton, the State ner, his. deputy or assistant engi- neers, shall not be, either directly or indirectly, interested in any ‘contract for constructing or improving any voad under, this act. Sec. 15. APPORTIONMENT OF ROAD| AND BRIDGE FUND.—On or before the first Tuesday in March of ‘each year the Highway Commission shail estimate the probable sum ot money that will accrue to the State Road fund during that year, and apportion the same, among the different counties of the state, as| herein provided, and shall immediately send a notice ta the State Auditor and to the Board of County Commissioners of each county stating the amount that such county shall be entitled to receive for sald year out of said fund Not Jess than one nor more than three per cent of the State Road and Bridge Fund available In any year shall be apportioned to any county. Any funds in excess of one-half of one wer cent of the total funds available for allotinent fn any one year, allotted to any county in any year, which, for a period of two years after Such allotment shall remain unused’ ang unex pended by such county, or for work done in such county, shall revert’ to the urapportionea funds in the state road: and bridge fund ana be thereafter and during the next succeeding, year, apportioned the same as ot!r fund added to such state road and bride tund, by taxation or otherwise, are apportioned. Sec. 16. ALLOTMENT—HOW USED AN EXPENDED.—Twenty per cent of the allot ment so made to any county shall be used only for maintenance of state roads and bridges thereon. It shall be the duty of the County Commis- sioners of each. county in which state road haye ‘heretofore or inay hereafter be con- structed or improved, to provide for the proper maintenance of the ‘same in accordance wit the rules and regulations to be prescribed} the Highway Commission. ‘The cost of such urtintenance shall be pata by the state from the proportion of allotment to each county for maintenance purposes above specified, to an amount not exceding the pro- porticn-so made available for maitenance pur poses, Such payment shall be made upon re- ports to the Highway Cgmmission by the County Auditor, to be approved by the High- way Commission, in Substantially the same manner as is herein proved for the payment. of the State's part of the cost of the constru tion and improvement of State Bonds. Not to exceed twenty-five per cent of the apportionment from the State Road and Bridge fund of any county, remaining after the amount for maintenance has been deducted, may, when deemed advisable by the County Board, ‘be ex- pended on county roads under such rules and regulation as may be prescribed by the State Highway Commission; to be paid in substan- tially the same manner as is herein provided for the payment of other state aid for the construction and improvement of State Roads; provided that only such proportion of the cost of the construction, improvement or repair of any county road shall be paid from such coun- ty’s allotment as is herein provided with ref- erence to the payment for the construction’ o: improvement of a state road. :The amount which shall be paid by the State out of the allotment of the Road and Bridge fund, to any county as State Aid, in the con- struction or improvement of any road or bridge in any county in any year, shall be as follows: In counties where the asgessed value of the property for taxation purposes is less than Five Million ($5,000,000) Dollars, 80 per ecnt; in counties with a taxable valuation of Five Mil- Hon Dollars ($5,000,000) and less than Ten Mil-) lion Dollars ($10,00,000), 70 per cent; in’ coun- ties with a taxable valuation of Ten Million Dollars ($10,000,000) and not exceeding Fifteen Million Dollars (§19,00,000), 60 per cent; in all other counties, 50 per cent.” In determining the taxable valuation hereinbefore provided for, the assessed valuation of monies and credits p vided for in Chapter 285, General Laws 1911, shall be excluded. The proportion of cost of constructing any road or bridge above specified, shall be pafd by the State only in case the funds in the allotment to any given county. over and above the amount set aside for main- tenance, as herein provided, shall be sufficient therefor. Sec. 17, RULES AND REGULATIONS.—As soon as the Highway Commission shall have ascertained the location of the available road material methods of road and bridge construction, as) far as the same may be practicable, it shali prepare and adopt such rules and regulations for ‘the construction, maintenance and improve ment of State Roads as shall be most suitab! to the requirements of, and bring the most practicable results to the several parts of the State. Such rules and regulations shall be printed and copies shall be forwarded to the County Auditor of each county in the State for gen- eral distribution. Such rules and regulations may be ‘amended from time to time, but such amendments must be printed and distributed not later than Aprij Ist of each year. Sec. 18. DESIGNATION OF STATE ROADS —REVOCATION OF DESIGNA}ION,—Any County Board may, with the consent of the Highway Conrmission, designate any estab- lished road, or specified portion thereof, in its not within the corporate limits of any borough, village or city, as a State Road, and construct or improve the same in accordance with the regulations of the State Highay Com- mission relative to State Roads, When any County Board has designated any road as a State Road as herein provided, the County Auditor shall transmit a copy of the resolution to the State Highway Com- mission, together with a description of the road so designated. It snal] be the duty of the Commission to | thereupon determine whether sufficient funds wi be available from the State Road ana Bridge fund for the improvement of said road as a State Road and also determine the desirability of such designation with reference to the rela- tion of such road to other State Roads, or its relation to other roads and traffic con- ditions, In such county, and if it determines such question in the affirmative, then and in such ‘case, the Highway Commission may, by its order in writing, to be filed with the County Auditor, consent to the designation of such road as a State Road. Whenever it shall be made to appear to the Highway Commission that the Board of County Commissioners of any county have refused to grant an apmication to it made by at least ten freeholders resident of such county, to designate «any established road or part thereof as a State Road, the High- way Commission may consider such applica- tion de novo and if in its opinion sufficient funds will be available for the improvement of such road, and its desiguation and improve- ment ag a State Road is desirable because of the relation of such road to other State Roads or traffic conditions in such County, the Highway Commission may by its written order designate such road or part thereof, as a State Road without a prior designation thereof by the County Board or its econcur- rence in such designation. A copy of such order shall be filed with the County Auditor. The council of any village or city of the fourth class, may, With the consent of the Highway Commission, ana the County Board of the County in which such village or city is situated, designate ery. street or road within its’ corporate limits, not less than sixty (60) feet in width, as a State Road when the street or road so designated will constitute a direet connecting link with the parts of a State Road leading to and out of any such village or city. The County Board of such County shall signify its con- sent by resolution and in end by such resolu- tion shall be paid’ out_of the allotment made to such county, as State Aid in the -construction or improvement of any such street, No greater amount than is so designated by the County Board shall be paid as State Aid for the construction or improvement of such street. The consent of the Highway Commission to the designation of any such street or road within the corporate limits of any village or city of the fourth class snall be obtained by such village or city in substantially the man- ner and upon consideration of the same con- ditions as is herein provided for the granting of its consent to the designation of high- ways by County Boards as State Roads. Any’ street or road within any village or city of The fourth class, 0 designated, may be im- proved/as other State Froads and state ald paid. therefor as hereinafter provided. The village or city clerk, as the case may be, make substantially the same herein required to be made by_a_ County Auditor with reference to State Roads desig- nated by the County Board; any payment of the State's share of the cost of construction and improvement thereof shal] be made in substantially gthe same manne and upon substantially the same conditions precedent as is herein provided for the payment of state ald to counties; provided, however, that ‘the payment to be made bythe State shall be made from the allotment to the county in which such village or city is situate; and pro- vided further, that no more than one-half of the cost of constructing or improving any state road within the corporate its of any vil- lage or city, nor in any event, to exceed fifteen hundred dollars ($1,500) per mile, ‘shal! be paid as State aid therefor from the State Road and Bridge fund ‘Any roads which may have beén at any time designated as State Roads may, by joint action of the County Board and the High- way Commission, be abandoned or changed as. such.— $ ‘Said State Engineer shall make of cause to be made all necessary surveys, establish grades and prepare plan. and specifications for all State Roads, except roads in counties which now have or hereafter may have a county superintendent of highways or other officer to superintend the construction and improvement of roads. within its confines, and shall cause to be superintended all werk done ‘on designated State Roads. Such work may be done under contract or by day labor. as the County Board and Highway Commisslop may surer upon warrants, Auditor. hall fany State Road for which aid throughout the State, and the bes designate the amount which may | report ‘as is | ct rules and regu! istant. engineers to estimates and done on State pose they shall assistance of the State ror any of his deputies or assistants. It shall also be the duty of said assistant engineers upon’ the request of any board of count; sioners or any board of town su} js within. their respective towns ‘counties, to advise and consult with such county or town boards in ‘the constr ‘or Improve- ment of county or town ‘odds; to make plans and specifications when 80 fequired; to exercise supervision over such co ion oF improvement, and lend every ne as: sistance to the local road authorities in bet- tering the public highways. AU persons ap- pointed by the Highway Commission shall be Appolsted’ solely; oh: Chale “meshes aim Quali cations, pec. 21, PROCEDURE OF COUNTY BOARD. IN CONSTRUCTING OR IMPROVING STATE ROADS.--Whenever: the County Board of any county ‘shall, determiue, to, bUlld ur improve is claimed, they shall proceed ‘as follows: If the estimated cost of such work does tot oxeeed five hundred dollars ($500.00) the sald board shall cause surveys, when necessary, to be made therefor by. an ‘assistant engineer, and shall thereupon receive bids for all or part of said work and let the contract to. the lowest responstble bidder, or may cause. the same to be done by day labor under the supervision of said engineer, In case the estimated cost exceeds five hu dred dollars ($500.00), the said county shalt cause surveys, plans ‘and specifications there- for to be made by an assistant engineer and submit the same to the Highway Commission for appro dud when such plans and specifications’ are approved, the said County Board shall proceed to do ‘said work by con- tract or day labor. The work shall be done under the supervision of an assistant ‘en; gineer, who shall in all matters pertaining to such work act under the rules and regula- tlons of the Highway Commission and the imstruetions of the State Engineer. ‘The provisions of this section shall ‘tot apply to any County which now has or which may hereafter have a population of One Hundred Fifty Thousand (150,000) Inhabitants and over and a County Superintendent of Highways or other county officer to superin- tend the construction or improvement of roads within Jts confines. Sec, 23. STATE AID—HOW PAID.—after any County Board shall have completed any ork on @ State Road for which state aid is claimed, the Auditor of such county shall make a statement to the Highway Commis- sion, showing the, location, nature and co: of such work, and shall also submit a de- tailed report ‘trom the assistant engineer in charge showing all such details concerning the same as may be required by the Highway Commission, On receipt thereof the said Highway Commission shall proceed to exam- ine such reports and if it finds the same sat- astactory and that the work has been done in substantial compliance with the plans and specifications therefor, and the contract. there- sor, if any, the secretary of the Highway Commission shail certify the same to the State Auditor who shali issue a warrant for the State’s share thereof as shown by said re- port, payable to the ‘Treasurer of such coun- ty, but in no case shall said warrant with ail other warrants exceed the amounts al- lotted to such county, and it shall be the duty of the assistant engineer to report such work in dupticate to the County Auditor with details and cost within thirty days after com- pletion thereof, one copy of which shall be sent to the Highway Commission with the Auditor's report. The detailed gineer ment among other showing the subdivision — per- forming the work or expending the money on such higifway, and if more than one sucn municipal subdivision has performed work or expended money on “such highway, then the names of such municipal subdivisions and the portion of the work performed or money expended by each. ‘The county auditor, upon receipt of the money from the State Highway Commission provided for in this section, shail pay or credit the same to the municipal sub- division entitled thereto, and if more than one such municipal subdivision has — performed work and expended money upon. such highway as shown by the assistant engineer's report, then to each of such municipal subdivisions in the proportion shown by ‘such assistant engi- her's report. ‘ Sec, GOOD ROADS DAY.—The thira Tuesday of June in each year is hereby des- ignated as “Good Roads Day’? and the Go ernor., shall annually, on or before the first day of June, by public proclamation, request the people cf the State to contribute labor, material or money toward the improvement of public highways in, their respective communi- ties, upon that day. ROADS ESTABLISHED BY JUDICIAL PRO- CEEDINGS. Sec. 24. PETITION—APPOINTMENT OF COMMISSIONERS--Whenever a petition pray- ing for the location, alteration or vacation of any highway running into or through two or more counties, or on or partly on the line di- viding two or more counties, in any judicial district in this State, signed by twenty legal voters and taxpayers ‘resident in said counties, shall ‘be presented to a judge of the district court in said district, or whenever a petition praying for the location, alteration or vaca- tion of any highway running into or through two or More counties, on or partly on the line dividing two or more counties in two or more judicial districts,.in this State, signed by twenty. legal voters and taxpayers, resident in said counties, shall be presented to a judge of the district court of one of said districts, the sald judge is hereby authorized to appoint three commissioners whose duty it shall be to meet at such times and places as may be necessary and to immediately proceed to ley out, alter or vacate such road as directed by the’ judge in accordance with thé prayer of the petition; provided, that no road shall be ordered, by the judge to, extend more than six miles outside of the judicial district in which the application is made, and such road shall be extended beyond the district only for the purpose of commencing or ending at? some village or public road. Provided, however, that in cases where said road, if a’ new road, or if an old road, the part’ thereof to be ‘altered: or vacated ‘runs through or into two or more counties situated in two or more judicial districts, the fudge to whom the petition was presented shail ap- point commissioners from each of the counties affected by sald road, not exceeding five in all, and direct them to lay out, alter, or va- cate sald. road accordingly; and it Shall be the duty of said commissioners to meet at such times and places as may be necessary and to proceed to lay out, alter or vacate said road in like manner as provided herein in other cases. Sec. 25. ‘Three weeks published and the presentation of such ‘commis- pervisors, report of herein matters, municipal the assistant en- shall contain. a statement posted notice of petition shall be ‘given in each of the counties affected, at least thirty days in advance thereof. Such notice shall contain a copy of the petition, the name of the judge to whom it be presented, and the time and place of presentation; and proof of such notice shall be filed with the clerk before the hearing. Such notice shall also be served, in the same manner as the service of the summons in a ctvil action, upon each county and organized town in which, or along the boundary of which, such proposed road is sought to be established, and proof of the rvice of such notice on such counties and towns shall be filed with the clerk of said court before the hearing. Sec. 26. COMMISSIONERS MAY APPOINT SURVEYOR.—The Commissioners shall ap- point a surveyor, an axman and two chain- men, to survey such road, {f so directed by the ‘Court. ‘The surveyor’ shall receive four, dollars and the axman and chainman shall each receive two dollars per day for their services, and in addition thereto eight cents for each mile of necessary travel in perform- ance of their duties. The surveyor shall make plats of the location of such road, in which ‘the county lines and ail stakes, trees, monu- ments and distances shall appear, and ‘file one of such plats for record with the Register of Deeds of each county in or through whieh said road is located. The surveyor shall re- celve two dollars for each plat so filed. 27, DAMAGES—DETERMINATIO: ENT.—Said Commissioners shall praise and fix the damages to be pald to landowner by reason of the establish- ment, alteration or vacation of such road over and dcross his lands, unless such right of way be voluntarily released to the county in whic such Jand ts situated; and in their report they hall set forth each ‘appraisal made by them, and all releases of the right of way. Such damages, when finally determined. and all ex- penses incurred in the establishment, altera- tion or vacation, iricluding compensation for right of way, shall be paid-by the counties through, into or between which such road passes, each county pa¥ing its just proportion, as determined by the court, The county shali provide for and pay such damages as in the case of a County Road. Said Commissioners shall receive for thelr services three dollars each per day and eight cents for each mile of necessary travel. Sec. 28. COMMISSIONERS’ _REPORT— HEARING—Said Commissioners shall _ report their proceedings at the term of the District Court, held in the county where such proceed- ings were begun, next after the completion of their duties; and any person aggrieved by. its action may then appear ang be heard upon such report; and the Court upon such hearing, may consider the mropriety of establishing, altering or vacating Such road, and may con: firm or reject such report. The confirmation shalt be final and the order of confirmation, if a-road be thereby established or “altered, shall direct the time and manner of opening. the same for public use. ‘The Clerk of Court shall within thirty days after filing of the name, transmit @ certified copy of the order NOTICE OF PRESENTATION.— Zz coma a ate Re ode ates BO. a ‘: ae hep recone Wetted Subdivision County Boards shall have general of county roads, including “those within. thelr ial ain to appone ant Sayed thority, with pewer to. approprl y such sums of mouey the County Toad and pies fund a& they may. ones eavieane. for opening, vacating, resurveying, or improv- ing the same. in Towns anc Villaiges of such County, for the. building or. repairing of bridges upon any- public road, 1n, any town or village, borough or city’ of the fourth class m the county, or for purchasing ry road ‘material, machinery, tools and supplies PROVIDED, that before any such sums shall be apyroprinted and expended by such County Board on any road or bridge within ‘the limits of any village, borough or city of the fourth class In such ‘county, such éxpenditures upon such road or bridge ‘shall be first authorized by the counell of such village, borough or city of the fourth class. Subdivision. (2). ROADS. IN COUNTY.—The board may appropriate and expend money, for the construction. and main- tenance of roads in an adjoining county, when it deems it for the best interests of the public, but the amounts so appripriated shal! not ex- ceed twenty thousand dollars in any one year. Subdivision @). BRIDGE IN VILLAGES. BOROUGHS AND CITIES OF THE FOURTH CLASS.—Whenever the council of any village, borough or city, of the fourth Class shall ‘determine that ft $s necessary to build or Improve any bridge or bridges in- cluding approaches thereto and any dam or retaining works connected therewith, upon o forming & part of streets or highways elth wholly or partly within its limits, the County Board shall appropriate such money as may be necessary therefor from the County Road and Bridge fund, not exceeding during any year the amount of taxes paid into the County Road and Bridge fund during the preceding year, on property within the corporate limits of said village or city. Such appropriation shall be made on the petition of the council. ‘The Counell shall determine the plans and specifications, shall tet al! necessary contracts, shall have charge of construction and upon its request warrants in payment thereof shall be issued by the chairman of the Board and County Auditor from time to time as the construction work proceeds. Any unpaid ba!- ance may be ‘paid or advanced by the village or city, On petition of the council the appro- priations of the County Board during not to exceed two successive years may be made to apply. on the construction of the same items. and to repay any money advanced by the village or city in the construction thereof. provided, that this subdivision shall not limit the authorjty of the County Board to ap- propriate and expend money on such bridges under the provisions of Subdivision 1 of this Section. Subdivision (4). COUNTY ROAD AND BRIDGE FUND. The County Board shalt pro- vide and set apart a fund for the construc- tion and maintenance of roads and bridges in such county, to be known as the ‘County Road and Bridge fund,” upon which shall be drawn all warrants for’ the construction and mainte- nance of State and County Roads and Bridges im such county, as determined by such boards or as required ‘by the provisions of this act. Subdivision (3). COUNTY MAY, ISSUE BONDS—WHEN.—When authorized “by the yoters .as hereinafter provided, the County Board of any county is authorized to issue bonds for the purpose of macadamizing any established ccunty road or roads therein, or surfacing the same with any hard. materjal, or in any other way making a permanent Ym- provement thereon, when the expense of so doing exceeds theamount of any appropria- tion the County Board is authorized to make therefor. ‘Whenever fifty or more voters of the county who. are also, freeholders, petition for such improvement, and file such petition with the County Auditor, he shall lay the same before the Gounty Board at its regular, special or adjourned meeting. It shall be the duty of the County Com- missioners to consider such petition and if they find it contains the requisite number of signatures, they shall request an estimate of the cost of such improvement to be made by the Engineer of the Highway Commission. If such. estimate is furnished more than six months prior to the time of holding the next general election, the County Board inay, if it deems it desirable, order the holding of a special election in’ the county for the pur- pose of voting on the question of making such improvement and fssuing bonds there- for. No special election shall be ordered when a general election will be held within six months after the estimate of the State Engineer is filed with the County Auditor. If ‘a special election is ordered the County Au- ditor shall cause ballots to be prepared, set- ting forth a statement of the proposed im- provement and a description of the road or Toads to be improved, with the words ‘yes’ and “no” thereafter, with appropriate spaces for voting Persons voting in favor of the proposition shall put a cross (X) after the word ” and those opposeg after the word ‘no. not submitted at & special election, the Audi- tor shall cause the same to be submitted at the next general election, In either event the votes on such question shall be returned and canvassed as is provided by law with reference to other questions submitted to the voters. If a special election shall. be ordered the same shall be held substantially in the manner provided by law for the holding ot general elections and the Auditor shall cause published notice thereof to be given in the official paper of the county for three suc- cessive weeks prior thereto, giving a descrip- tion of the road or roads to be improved and @ statement of the improvement proposed and the estimated cost thereof. If a majority of the voters voting at the election vote in favor of the improvement, then the County Board shall issue the -bonds of the county as here- inafter provided and cause the improvement to. be made. ‘The bonds so issued shall bear interbst, evi- denced by coupons, “at a rate not exceeding six per_cent per annum, payable annually; such bonds may be made payable in equal in- stallments, the first of which shall become due and payable not less than five years after the date thereof and the last of which install- ments, shall become due and payable not more than twenty years after the date there- of. Said bonds shall not be sold for less than par and \accrued interest. and the pro- veeds thereof shall be used bygthe County only for making the improvements specified in the proposition as submitted to the voters; stich bonds shall not be valid until registered by the County Auditor, and his certificate of registration endorsed ‘thereon. ‘The County Auditor shall thereafter levy a sufficient tax to pay the interest and principal of said bonds as the same shall accrue, which tax shall be collected as other taxes’ are collected; pro- vided, however, that no such bonds shall be issued by any County when the issuance of the same would make’ the entire indebted- ness of the County execed fifteen per cent of the assessed valuation of the taxable real property of the County; provided, that in com- puting the indebtedness of any county, any indebtedness created by the issue of bonds of such county for the construction ‘of «drain- age ditches the cost of which is assessed against the benefited property, shall not be included. ROAD TAX.—The County Board yw’ 8 OF COU: (). GENERAL, Sec., 31. at its July meeting may include in its-annual tax levy, an amount not exceeding three mills on the dollar of the taxable valuation for the County Road and Bridge ‘fund. Such taxes may, be additional to the amount permitted by law to be levied for other county pur- poses. Sec. 32, ESTABLISHMENT, \ ALTERA- TION, OR VACATION BY COUNTY BOARD! —County Roads, other than those established by Judicial aythority, “shall be: established, altered or vacated only by the County Board. Damages resulting from establishing, alterin; or vacating such roads shall be determin in the manner hereinafter providell, and shall be paid by the counties through which they pass. All proceedings in establishing, alter ing or Vacating roads shall be recorded in a public record book, designated as the ‘Book of County Roads. The County Commissioners of any county having two hunfred thousand (200,000) inhab- itants or over, are hereby authorized and empowered to. constitute and declare any pub- le highway. or road in ‘such county outside of the corporate limits of any incorporated city or village therein, a county road; and they are hereby given general supervision over such roads with full power to appropriate such sums of money from the county treasury of, such count$ as. they may deem advisable for improving the same provided @that nothing contained in this section ‘shall be 80 construed as to relieve the Supervisors or Town Overseer of Highways of any town in such county from ‘any of the duties imposed’ upon them by existing laws relating to roads, cart- ways and bridges, nor to repeal any existing special law relating to roads, cartways and bridges applicable to such county. 7 In any county of this state having two hun- dred thousand (200,000) Inhabitants or over. or which may hereafter have two hundred thou- sand (200,000) inhabitants or over, the County Commissioners” thereof are hereby authorized and empowered to extend any. street or avenue Deyond the city or village Mmits of any elty or viilage ‘in such county: xo connect with a road gr highway In My adJoining coun’ which extension however. hal! not exceed one mile In, length; and said County Commissioners are given full power to chanre, alter. improve, or repair such extension of sad within. such county, and to appropri: @@ qh sunt or sume of money from sourty feasury of ‘such county as they may. Peensqg@ylsable therefor: provided, that ia no case the location of ADJOINING | 4 such sad, wherewith such exiension shall be f ae said hearing, ‘the notice of the time 4 weit forth ‘on apy the se a Such notice shall be made by person posting the same. int hep en ns ater Dae wi such proceedini Rag) Loo Sec. 35.COMMITTEE TO. EXAMINE AND REPORT ON PHTITION.—At the time and) place designated, said id examine the’ road’ or roads to setabiiaticd altered. of maces, and in’ such’ exaniination they may em a surveyor. ‘After ‘such examination, they. st report to the Board at its next session, se @ new road or. roads or any’ alteration ora terations of any 1 road or roads be pro: posed; the courses and distances thereof, recommending the granting or rejection of tl petition, Sec, 36. HEARING-—AWARD OF DAM-| Board shall meet, and AGES — ESTABLISHMENT OF ROAD.—|of the giving of such At the time and place designated, said Board) the roa shall hear all’ parties: interested: as, to the) Or vacated, necessity for, and as to the amount, of damages to land owners by xeason of such establishment, alteration or vacation, and may adjourn such}moted hearing from time to time, if necessary. Ii Sec, 46. shall determine the damages which will bel petition be sustained by each owner through whose land| necessary, shall cause a such road or roads may pass, and-with whom| When the center of such road does it cannot agree as hereinafter provided, or who| a section line, or some subdivisional is unknown, specifying the amount of dam-| section, the surveyor shall note the ages, if any, awarded to each land owner and|to the point'on amy course at which describing edch pares! of land separately. {| course will intersect a section line, and the Board determines thgt the establishment of| distance of such point of intersection from the road is desirable and of sufficient advan-| the most convenient section, quarter section, tage to warrant the payment of damages |as-|or meander corner, as established by govern- sessed, it shall declare the road or roads estab-| ment servey; and the notes of such intersec- lished, altered .or vacated in accordance with] tions, and a description of the road so estab- the petition. .Othemwise, Abishall Peciare, tbs! ttshed altered “or yocated, shall. be ee petition dismissed. in an order to signed The damages sustained by reason of estab-| rated *™ ™ lishing, altering or vacating any road may bel Sec. 47, DAMAGES AND BENEFITS—The ascertained by the agreement of the owners and) gamayes ‘sustained by reason of establishing, the County rd; and, unléss such agreement |Si:ering or vacating any road»may be @s- is made, or the owners release in writing, alll®.vtained by the agreement of the owners claim tc damages, the same shail be assessed|cCs"tne ‘rown Board; and, unless such agree and awarded before such road is opened,|®¥cc' ig made, or the owners release, im worked, used, altered’ or vacated. Evety such|™ent {8 qade, Ot tie. gine es, the same agreement and release shal! be filed with the chal ee. assessed and swarded before such County Auditor and shall be final as to the|/*0Sa' j¢ ned, worked or used. Bvery matters therein contained. roe 1 °rnd "release shall be filed with In ascertaining the damages which will be) SSTesment (tm¢ Toa shall be final as to the sustained by any owner, the Board shall Ye-|the, Town, Clerk, and shall be Mhal Se to toe termine tht money value of the benefits which | matters | there es of each claimant with the establishment, alteration or vacation, as|@ssess the damages of cach, cldtmant | Sih the case may be, ‘will confer, and deduct such}Whom It catnol neice, St Wed to each and value, if any, ‘from the damages, if any, and|#Pecifying the amount Sof Sagilt award the ‘difference, if any, ‘as damages,|Driefly describing each parcel Of land. iy ie the petition be granted, the Board shall preretrao ge ea mae ee the Sein Beet Sf such ‘road, in the’case. of the establish: [shall determine the money value of the bene ment of a new’road or the alteration of an fits which the estab shiterds, Siena Pion istini : Soo all’ the catving inte | Vacation, as the case may be, will confer, Chect wine tacation on’ on ‘existing tad or/and deduct. the benefits, if aby. from ths when such action is petitioned for. if any, and award the difference, damages resulting from the establi: as damages. ment, alteration or vacation of any county| Sec, 48. AWARD-FILING PAPERS—With- road shall be paid by the county. in five days after the date of the order Sec, 37. APPEAL.—Any tax payer of the|establishing, altering or vacating a road, the county, ‘or any person’ aggrieved by any de-|Board shall make its award of damages, fermination ‘of @ County Board. elther estab-| fie such order, aud award, together with all lishing, altering or vacating or refusing to| petitions, affidavits and orders relating there- establish, alter or vacate any road, or by/to, with the town clerk; but said clerk shall any award of damages made by such County|not record such final order within the period Board may appeal therefrom to the District|of thirty days, nor, in case of an appeal, Court of such County within the time andj until a final decision is had thereon, and not in the manner and with effect as is herein-|then umiess such order is confirmed. In case paket i said board does not fle such order within twenty days, it shall be doomed to have jected the application, After the order is confirmed, the same and the award shall be by said town clerk recorded and sent to the County Auditor, who shall file and preserve ate the same. He ‘shall give his receipt: therefor to the clerk, who shall ‘file the same and make an entry thereof in the record relating uch road. z Posen ORDER OR COPY AS EVI- DENCE—The order establishing. altering oF vacating any road, or a certified copy of the record thereof, shall be received in all courts as competent evidence of the facts therein contained, and shal] be prima facie evidence of the regularity of the proceedings prior to the making thereof, except upon the hearing of an appeal. Sec. 50. DETERMINATION FINAL FOR YEAR—The determination of a Town Board refusing 0 establish, alter or vacate any road * shall be final, unless appealed from, for one year from the filing of its order; and no pe- é . fition for establishing, altering or vacating such road shall be again acted upon within . the time aforesaid. In case its determina- x tion granting a petition is appealed Log reversed, it shall not within one year the date of such determination entertain a petition having the same or a similar object. Sec. 51. APPEALS—Orders of a Town Board establishing, altering, vacating or re- fusing to establish, alter or vacate any road or cartway, or awarding damages, may be appealed from by the persons and in the manner and with the effect hereinafter pro- vided. See. 52. ROADS ON TOWN LINE— Whenever any Town Board receives a pe- tition similar to that required for establish- ing-a Town Road, praying for the location, alteration, or vacation of a road. on the line between that and an adjoining town, it shall immediately notify the Town Board of such adjoining town, and the Town Board of each of said towns, or a majority of each, acting together as one board, shall determine said petition, They shall be governed, as to no- tice, survey, hearing, award of damages, filing and recording papers, and.in all other mat~ ters pertaining to their duiles, by the regula~ tions In this act provided for the government of town boards in establishing, altering oF vacating town roads A copy of the proceed- > ings shall be filed in the Town Clerk's of- . fice in each town, i Before making an order establishing a roa: under the provisions of this Section, the two ‘ town boards shall divide the length of the proposed road into two parts, which parts may be of unequal length. Such division shall be so made as to divide as nearly equal as possible the cost and expense of con- ‘ructing and maintaining the entire road to be established, and assigning to each of said parts one-haif of such cost and expense. ‘TION.—At the time and > oe Sec. 38. SUPERVISION IN TOWN BOARD.—The Town Board of each town shall have general care gnd_ supervision of all town roads therein, and such care and supervision of county roads therein as is prescribed by the provisions of this act, and Shall, procure machinery, implements, ‘tools, stone, gravel, and. other material. required for the construction and repair thereot;, pro vided, however, that all work done on county Toads’ under thé supervision of Town Boards shall be done Jn accordance with rules and regulations to be made by” the Highway Commission; provided, that in counties having a population of one ‘hundred and fifty thous Sand. (190,000) or over and which now have or hereafter may have a county superintendent of highways or other officer to superintend the construction or improvement of. roads within its confines the Town Board shi not have jurisdiction over County. Roads, Provided, however, that the county board. of each county shail’ have the care, supervision and maintenance of all bridges in the county Outside of the corporate limits of cities and Villages ‘which have originally cost $1,000 or more. Sec. 20. REPORT TO TOWN MEETING— ‘The ‘Town Board shall render to the angual town meeting a report in writing, containiny 1. The amount of road taxes’ levied and the’ amount. collected “during the preceding year, and also all money paid Into the Road 4nd ‘Bridge fund from all gther sources. ° 2. A statement of the improvements needed on. roads, cartways and bridges for the en- Suing year, with an estimate of their prob- able expense. 3. A. statement of ally expenses and dam- ages occasioned by establishing, altering, or Vacating roads and of all sums expended for machinery, implements, tools, stone, grav- el, and. other materials,’ during. the Year, with an ‘estimate of the amount required for the ensuing year, Sec. 40. TAXATION FOR ROAD PUR- POSES.—AMl real and. personal property. in ach town lable ‘to. taxation, other. than nonies and credits” taxed Under Chapter 285 Laws 1911, shall be. taxed for road pur- poses. All road taxes hereafter levied shail) be paid in cash and hereafter no highway labor shall be assessed. The electors \of each’ town shall have power at thelr annual town meeting. to determine the amount of money which shall be raised by. taxation for road ‘and bridge purposes, ROL exceeding, however, fifteen (15) mills. per dollar on the taxable’ property of the town, The tax so. voted shall be extended, colletted and payment. thereof enforced in ‘the same manner and at the same time as 18 provided by law for the extension, collection and en- forcement of other town taxes. "After the annual town meeting, in case of emergency, the ‘Town Board may levy tax on the property in its town for road and bridge purposes’ in addition to the tax,|. After such division shall have been made it any, Voted at the annual town mecting|the Town Boards shall tnereupon by agree for road and bridge purposes, in an umount |ment determine which of such parts shai not to exceed five (5) mills dy the dollar of| thereafter be opgned, constructed and main- the assessed value ,of the property in the|tained by each. “If the Town Hoards canno’ : fown, and any tax go levied by ‘the ‘Town so agree the matter shall be determined by rd shall forthwith be certitlea to the Coun-| lot. to Auditor for extension and collection. Tt shall be the duty of the Town Boards Tue Town Board may thereafter pledge |ot the respective towns, parties to the laying 4 the credit of the town by issuing town or-jout of a road under the provisions of this ders not exceeding, however, the amount of|section, to proceed forwith. to open and eon- the additional tax so levied by the ‘Town|struct its share of auch road and thereafter Board for road and bridge purposes, in pay-|maintain. the same. * ment for work doue or tnaterial used on the| "Sec, 5. BETWEEN TOWN AND CITY, roads: within the town.” 7 ry ETC,WWhenever such ‘a petition. is Presented Sec. 41. DRAGGING “OF ROADS. AND|{o the council of ® city ot Uilor the loca- TAX THEREFOR*—The Couniy Auditor or | TOW Board of a town. praying for the, loss: each county shall annually extend upon. the | “0M, alteration or vac d ‘the elty oF tax lists of his county. in the same manner |{4,U>* such poard and council, or a majority ass provided oy law for’ extendi ; ‘ county School tax, a tax of one millon the|%f, each, acting together as one board. shail doilar of the taxable property. im each town, | determine said petition. in. the fame manner outside the corporate mits of any borough, |im All Tespects ae provided Of tie preceeding Village of city in any such town, provided that | section and the provisions of the preceeding in towns having an assessed’ valuation of|section shall apply to the Town + ‘One Million ($1,000,000) Dollars or. more the|City or Village counel. | Rosps ‘in amount of such tax shall not exceed One|, Ste. 54. SECTION LTS ined, Thotisand ($1,000) Dollars. ‘The. tax # levieq| Towns) which have not seen | orsanised, | OF shall be coliected and the payment thereof|in Which no public roads have been establish= enforced in the same manner as is provided|¢d, the section lines shal! be consi ge by law for the collection and enforcement of |foads, to be opened to the width of two rete other town taxes extended by the County|om» ach side of such lines, | apon = fy Auditor. “The County ‘Treasurer shall settle |Otder of the County or Town Board. as, the with and pay over to the Town ‘Treagurer|cage may be, without any survey being had, such taxes when collected at the time ana|unless it be necessary on account of varia- in the manner now. provided by law with| tions. caused by natural obstacles, subject, reference to other fown taxes. however, to the provisions of this act, in rela ‘Phe proceeds of such tax levy/shall be kept| tion to ‘the assessment of damages and the im a separate fund to be known as the “Drag. | tight to appeal. st ging fund,’ and ghall be expended by the| Sec. 5 CARTWAYS.—Any Town Board Town Board only for the expense of procur-|may cstablish a cartway, tho rece Wide ee ing a suitable number of drags an ; | petition y the foads of the town. se" $4 dragging) Poliers of such town. All their proceedings ‘The Town Board in each town, on recom-| Stall be the same as provided in this act mendation of the Town Road Overseer, shall| establishing sown roves. The, Sok Med enter into contracts for the dragging of the} Penses thereof, an by Foada of he town, giving. preference fo ing) nas caken terete SMa sloads, gad main. traveled road and roads constitutia: tail. routes within. their respective towns; low Sa a0 bons Ges oe Erovided, nowevers eck to ee pacmpensatlon | cartway is established which will ‘not be @ which may be agreed to be paid for each time a road is dragged shall not exceed onc dollar per mile ‘for each mile of dragged ited thereby. ‘The contract price shall be paid trom scapes oards ‘shall, on petition of the owne: “Dragging Fund,"" in’ the same. manner of a tract of Jand, of not less than five acres other clams against the Town, after approval]in area, who has no access thereto except over by_ the Road Overseer, the lands of otters, establish a cartway not Sec. 42. TOWN ROAD OVERSEER.—Each| more than two rods wide connecting his land town shall constitute a road district. ‘The! with a public road. ‘The amount of damages, office of District. Road overseer is hereby|i¢ any, to be paid by the petitioner to the abolished and in place thereof, the Town|town before such cartway is opened. | Board shall appoint, a competent road builder! In any county Having a population of two | continuous road from one highway to another, one half of the damay to the land throggh 4| roud| Which it passes shall be paid by the persons { as Road Overseer for the entire town, who|hundred thousand inhabitants or more, any aN have charge, under the supervision of|town board may expend, Road of Bridge funds the Town Board ‘of, the construction of all/upon a legally established cartway, the same town roads, and. the maintenance of ali town} as on @ town road, and county roade Ju the town, | He may ap-| Sec. 68 “DEDICATION. OF T.AND. FOR point one or more competent assistants. sub-| ROAT}—One or more owners may dedicate ject fo the approyal of the Town Board. No}iand a Toad or cartway by making ap- member. of a Town Boatd shall be eligible} plication therefor, in writing. ‘to the Town sor appointment as Towh Road Overseer or| Board, deseribing’ the land and the purpose Assistant Overseer. ‘The cempeusation of thelof its’ dedication, and fling sueh application Road Overseer and. assistants shall be fixed] with the. clerk. “The clerk shall present the by ihe Town Board ata sum not tv exceed|same to the Town Board which, within tex $