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

) | 4 bonds of such city One Hundred ($125,000.00) to use the proceeds thereof of purchasing an acquiring Jamp-heads, pipes, gloves, any and ail other fixtures, iu Pilances or equipment nec- or proper for lighting the laces of such cit. GARDLESS OF PRES: ESS. Sec, 2. ‘The bonds _bettion one of this act, or . may be issued and sox Repescding: ae 2 faces . character of such city Bhy aw of this state prescribing or fx- epatt upon: the bonded indebtednes: city, the credit of such city may tor the payment of any bonds this act and for the payment rent. interest thereon, and the city femmen council of such city shal ude in its tax levy a sufficlent Provide for the payment of such It. for the accumula- fund for the redemption of ty 4% ber bonds CENT. shall be Buy such city for the purposes here- | Mentioned to run for a longer term Y thirt: me oan Y years or bearing a higher fem: Ct iMterest than four and one-hal! per r.. goed Payable semi-annually, - payment of the principal thereof and the denominations in Such bonds are issued shail be such be determined upon by tie city coun Nes cane council All of said bonds signed by the mayor, attested by the “i by the city issuing the same, sealed yh the seal of such that the signature of ithe mayor comptroller to the coupons attache if any. a be lithographed lk Aidenone of said bonds shall be soid futesge fan their par value and accrued and then only to the highest respousi- but and ea This act shall having and opera, adopted under the Article 4 of the Tule charte ef Section 3 Sec. 5. ‘This act shall take effect and be force from and after its passage. April 9, 191 CHAPTER 232— No. 583. AN ACT entitled “An act authorizing cities How oor “hereafter having « population of ‘over “fifty thousand innabitants to accept Bits, devises or bequests of money — or mas of » Property in trust for certain purposes, and Xo administer such trust by such officers Or trustees as may be 4 mn: d in the Boil oe instrument creating the trust enacted by the Legislature of th Of MaetihY the Legislature of the State paincction J. That any city in the State of mmesota now or hereafter having a popula- ton of over fifty thousand inhabitants, shall. 4u- addition to all other powers now possessed ty it, have, and it is hereby given, power @nd authority to accept in trust, gifts, de- Sises and bequesis of money or property, Whether jthe same be donated, devised or bequeathed prior or subsequent to the passage of this act, for the purpose off founding, establishing and maintaing free medical dis- Densaries for the benefit of the poor of any Such city or of the county in which any such city is situated, and for the purpose of founding establishing and maintaing — free Public libraries for the use and benefit of the Anhabitants of any such city or of the county Mn which any such city is situated. Sec. 2. Any such city hereby author- ized and empowered to administer any gift, devise or bequest to {t in trust for the pur- aforesaid, by such officals, officers or tees as the donor or testator may desig- maip for that purpose in the will or in- siroment creating the trust, and in accord- ‘@Bce with the terms of such will or instru- ment, and any officers or officials of city or of any county in which any such city -4= situated, as may be designated to ad- aninister any such trust by any will or other Amstrument creating the trust in any such wounicipality for either of the purposes afore- egnid,are hereby empowered to administer, nd are hereby charged with the duty of administering, such trust 1 accordance with the terms of the will or mstrument creating ‘the same. ‘Sec. 8. ‘This act shall apply to cities hav- 4ug @ population of over nrty thousand in- habitants now or hereafter operating under a eomeaeie charter adopted pursuant to Section a je 4 of the Constitution of of Minne‘ the State 3 js act shall take effect and be inforce from and after its passage. “Approved April 9, 1913. CHAPTER 233—S. F. No. 593. AN ACT to provide for the entry of new and confirmatory decrees by Probate Cou! certain. cases. 6 ier y such Be it enacted by the Le; = Teg sislature of the State Section 1. In any case where a decree af- fecting the title to real estete has heretofore been made by a Probate Court without due notice belng given as required by law, any person interested in the property affected by Puch decree, whether as heir, devisee, grantee, otherwise, may apply ‘to such’ Probate ccd ition, to enter a new and con- jumcey much former decree, ‘such former decree. pon ling of such petition, ‘Court shall by order or citation "appoint thue for hearing said petition: notice of ‘Which shall be given by three weeks’ publica- ‘tion of a copy of said order {n 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 notice of such hearing to be given Yo such persons as it may deem proper. Sec. 8. if upon such hearing the Court be gatisfied that the person or persons 40 whom such property was assigned 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 named in such former decree, as owner, mort- gagee, or otherwise. Such former decree shall be »prima facie evidence of the truth of the recitals 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, howe that this act shall not be construed to authorize the entry of a new and confirmatory decree in any case where if shall be made to appear that the dispositions made by such former decree were erroneous in fact or in law. Sec. 4. This act shall take effect and be in force from and after its passage, Approved April ¥, 1913. CHAPTER 234—S. F. No. 668, ‘AN ACT regulating the pleading and_prac- tice in the municipal court of the City of ‘Stillwater, Minnesota, in reference to” of- “fers of, judgment and the effect. thereof. ReStendeted by the Legislature of the State ‘of Minnesota: Section 1. At least five (5) days before the Hest day of the term at which any civil case W stand for trial in the Municipal Court “of the City of Stillwater, the defendant may “gerye on the adverse party an offer to allow t to be taken against him for the Bum or property, or to the effect therein specified, with costs then accrued. If on or Defore the second day of said term such party shall give notice that the offer is accepted he mey file the same with proof of such notice and thereupon the clerk shall enter Judgment accordingly. Otherwise the offer Bhall be deemed withdrawn and evidence thereof shail not be given; and !f a more ither slde of any river, stream, gully or gavine, then such bridge and approaches shall be at least eighteen (18) feet wide and pro- vided with substantial ratting: Whenever any steam or electric railroad company shail hereafter construct a bridge over a public highway, the same shall be constructed so as to leave a clear opening for the highway at least twenty-elght teet wide and at least fourteen feet clear space from the surface of the highway to the bot- tom of the bridge. Any bridge hereafter constructed on any public highway over the tracks of any steam vr electric ratiroad, shall be at least eighteen feet wide, and the approaches thereto shall be at least twenty-four feet wide, and the grade of such approach shall not exceed five et rise in a hundred feet. ‘The grade of ‘any approach to, or over any culvert shall i exceed or te greater than the equivalent a flve-foot rise in a hundred feet. Subdivision (4). OWNERS DEFINED.— rons lawfully occupying United States or State Lands shall be considered the owners thereof for the purposes of this act Sec. 3. STATE ROADS.—AN State Roads ¢ constructed, Improved and maintained counties rules, and regulatl made and promulgated by the Highway amission. . Sec. 4, All county roads shall be estab- lished, constr and improved py me sev- al county boards Im conformity with les and regulations to be made and pro- mulgated by the Highway Commission; pro- vided, however, that in counties having @ pop jon of one hundred fifty thousand (150, 0) inhabitants or ever and which now have hereafter have a County Superintend- ent of F or other officer to superin= nd the action and improvement of is within its confines, the rules and regu made by the Highway Commission ed not be complied with, ‘The County Board of any County may appropriate from its Road and Bridge Fund to any town in. its county such sums of money as are available and ch it deems advisable to aid such, towns in the construction and maintenance of roads therein; provided. ghat in counties having a nulation of one hundred fifty thousand ( 0) Inhabitants ‘such county ay be expended, in accordance with provisions of CHapter 164, Laws as amended by Chapter 208 Laws 7 town through which any — county road may pass shall maintain and keep It in repair under the rules and regulations of the Highway Commission. Provided. however. that, in counties having a population of one hundred fAfty thousand inhabitants (150,000) or over and which now have or hereafter may have a County Superintendent of Highway: 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 roads."’ 5. TOWN ROADS.—All_ town roads constructed, repaired and town Boards,’ provided tha the County Boards may aid in the construc- tion, 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- hated as a State Road. Any money so ap; propriated shall be paid into the County Road and Bridge fund and shall be used only for the purpose designated by the Town Board at the time it makes such appropriation. Sec. 6, APPROPRIATIONS BY* TOWN, VILLAGE, BOROUGH OR CITY FOR EX- PENDITURE OUTSIDE.—The council of any village, borough or of any city of the fourth Jass or the town board of any town, may ap- propriate and expend such reasonable sum: 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. —No contract for the construction or erectioa of a bridge shall be entered into by any coun- ty, town, village or city of the fourth class ‘the contract price of such bridge ex- 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 county contracts, or with the town, village or city clerk re spectively, in case a contract is to be entered into by a 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 ‘frst advertising, for bias 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 recelving 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 (2) 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 de and prepared and filed as provided iu Subdivision 1 of this Section, nor until ad- Nertisements for bids shall have been pub- lished as therein provided for. Sec. 8. ESTABLISHED “ROADS.—Every road established by the public authorities, Where no appeal has been taken within the time limited therefor, is hereby declared @ 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 commissione; 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- vote of such commissioners. 1 HAIRMAN,— SECRETARY,— DEPUTY AND ASSISTANT ENGINEERS.—| 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 and it shall be provided with a suitable ‘at the capitol where it shall hold regular meetings not less than once in each month Said commission shall appoint a_ secretary, who shall be a civil engineer and practical road builder, who shall be known as the State Hngineer; 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, ‘shali, 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 ($3000.00) with suffl- cient sureties, conditioned on the faithful per- formance of ‘their officia) duties. The secre- shail atl th whe: ceeds favorable judgment be not recovered no costs Shall be allowed, but those of the defendant shall be taxed in his favor. “Sec. £. This act shall take effect and be in foree from and after May 1, 1913. Approved April 9, 1913. CHAPTER 235—H. F. No. 571. AN ACT relating to public highways; the wers and duties of counties, towns, vii- Tages and citles in relation thereto; the ere- ation of a State Highway Commission, pre- scribing iis powers and duties, appropriat- ing mouey therefor, and providing for th nt of State Aid for the construction wement of Toads, and authorizing ing the levy of taxes for high- by the Legislature of the State act and definitions counties, towns and other munic- 1, SCOPE OF ACT.—The provi- ‘of this act shall be construed as relat- “solely to roads, cartways and bridges not included ‘within the Mmits of any city, village, or borough, except when high Ways within villages or cities are spectfeally roads of this State shall for the pur- of this act, be designated ani referred as “Stare Roads,” “County Roads” and ‘epown Feoads,"" and shall be laid out, con- “giructed, improved, repaired and maintained by the “authorities hereinafter set!"forth, “as herein. prov! Bubawision “aj. The words “State Roads’ ¥ ‘construed. to ee all roads which bes heretofore nm designated. or which Pave jereatter be designated as State Roads. Meubiivision @).. The words “County Roads’ shall be. construed to include those _ Testablished, ne au powers and constructed or improved under thority of the several county boards, and also all roads f, established by ju- ‘Town Roads those roads’ constructed and DEFINED.—The words ‘road’ whenever used in this act ae core, upon form a part ie road or highwa: or structed. or @). WIDTH OF ROAD.—ar by. Town or County. Boards wet teast four (4) rods wide. and e six (6) rods wide when all residents “adjoining such road shall petition WIDTH OF BRIDGES “AM bridges and culverts, tary shall keep a record of every vote and official act of said commission, shall file and safely Keep ai! maps and papers belonging to it, shall devote all of his time to the interest of the state ax prescribed by said commission, and shall be in charge of the offices of the commission at the capitol. ‘There shall be present at all 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- quire’ and as the rules and regulations of the comission may prescribe, and to render such other engineering and surveying services as may be required by the Governor for any of the State deoartments, 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 fnterest of road improvement in this State;, provided, that the members of said commission, stich State Engineer, deputies, assistants, and other persons employed by said commission, shall be allowed necessary ex- penses, 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, be kept open’ for public inspection and. certified copies thereof shall be received in evidence in any court of the State. The Attorney Generay of the State shall be ex-oflicio 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 RIAL-REPORT TO GOVERNOR.—When ever practicable said commission shall Investicate and determine the —_loca- tion of road material in the state. ascer- tain {he most approved methods of eonstruc- tion «nd improvement of roads, investigate the ost approvéd laws in relation to roads In viner state and hold public meeting: 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 bf road-building, as near as possible, the number of miley of state roads built or im- proved during the preceding year and thelr Cost; the general character and location of ma- feria! suitable for road construction; the gen- eral character and needs of the roads of the state; and recommend such legislation as it deems advisable, z ¢, 12—STATE ROAD AND BRIDGE FUND—TAX THEREFOR.—For the pur- poe of state aid in the — construc- tior and improvement of public high= wave, there shall hereafter be levied annually OF ROAD MATE. thereto, on any road, hereafter Amproved. shall be at least six- wide: ani when such bridge in raised three the bank on ‘or repair shall be ve the level of on all 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 txes, and the money so raised, together with all moneys accuring from the income derived \ from investments in the internal improvement land fund, or that may hereafter acerue to said fund,’ and all funds accuring to the State Road and Bridge Fund, however provided Shall constitute the general State Road end Bridge Fund. Sec, 1%. Appropriation for Expenses.—There is hereby appropriated out of any moneys dn the state treasury not otherwise appropriated for the fiscal year ending July 31. 1914, one hundred and fifty thousand. ($150,000) dollars. and for the year ending July 31, 1915, the sum of one nundred and fifty thousand 1$150,~ 000) dollars, to pay the expenses of sald com- mission, including the salary and expenses of the state engineer and his deputies and assist- ants and all other persons employed by the commission; provided, that not more than fif- |teen thousand ($15,0uv) dollars shall be ex~ [pended in any one’ year for the expenses of | the office of said commission; provided jther that alt unexpended funds in any |may be carried over to the credit of the com- | mission for subsequent years. | All accounts and expenditures shall be certl- the chairman of said commission, and the State ‘Treasurer upon warrants th © Audit RS AND EMPLOYES NO’ BD IN CONTRACTS. Highway Commis-lon, the deputy or assistant engi- either directly or indirectly, ract for coustructing or under. this act ONMENT O} ‘On or before the first Tuesday f each year the Highwa | Commission shail estimate the probable sum o1 money that will accrue to the State Road fund guring that year, and apporiion the same among the dilferent counties of the state, as herein provided, and shall iinmediately send a notice to the State Auditor and to the Board of | County Commissioners of each county statin the amount that such county shall be entitles to receive for said year out of said fund Not less than one nor 1 an three per cent of the State Read and Bridge Fund avaiiatle In any year shail be apportioned to any coun ny funds in excess of one-half of one per cent of the total funds available for allotment in any one year, allotted to any county in any ear, which, for a period of two years after such allotment shall remain unused’ anc unex- pended by such county, or for work done in Such county, shall revert to the urapportioned funds in the state road-and bridge fund on, |de thereafter and during the next succecdin year, apportioned the same as oter funds added to such state road and bridye tund, by taxation or otherwise, are apportioned. ec. 16. ALLOTMENT—HOW USED AN PENDED.—Twenty per cent of the allot ment so made to any county shell be used on}: for maintenance of state roads and bridges thereon. It shall be the duty of the County Commis. | stoners of each county in which state roau |haye heretofore or hereafter be con- structed or improved, Wide for the proper maintenance of the ‘same in accordance wi he rules and regulations to be prescribed 1y the Highway Commission, ‘The cost of such maintenance shall be pat! 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 mede available for maitenance pu‘ poses. Such payment shall be made upon. re ports to the Highway Cymmission by the County Auditor, to be approved by the High- way Commission, in substantially the same manner as is herein provaced for the payment of the State's part of the cost of the construc- tion and improvement of State Bonds Not to exceed twenty-five per ceat 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- tally 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 cosi of the construction, improvement or repair of| any county road shall be pald from such coup- ty’s allotment as Is herein provided with ref- erence to the payment for the construction or 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 assessed value of the |paia by |arawn by | See, 14. |To BE r INTERESTE | Phe members of th State engineer, his |neers, shall not’ be 1 in any * ROAD direct, and a report ‘shall be made by the Superintendent f in duplicate as may be required by the Highway Commission, one copy of which shall: be gelteeres to! the Caan ty, jor and one to te meer. See. i, DBSIGNAS OF ROAD OD COUNTY ‘LINE AS ‘TE ROAD.—Whet- ever the County Boards of adjoining counties make application to the State Highway Con\- mission for the designation of an -estuolished road running on or near the boundary line between two counties, as a State Road, said Commission shall investigate the desirabi.ity of such designation, and if it shall. decide that it is desirable ‘so to do. shall so desig- nate such road and determine and fix the part of the cost of the improvement thereof to_be paid by each county. Sec, 4 ASSISTANT —ENGINEERS—DU- TIES..-The Highway Commission shall appoint as many assistant engineers throughout the State as they muy deem necessary for the purpose -of superintending all work done on Staie Roads. Such assistant: engineers fe their entire to their offielal du may be assigned to one or more counties ned we, and shall act under the retions the State Engineer ana the and regulations ef the Highway Com- mission. Jt shall be the duty of said as- sistent ‘engineers to make all necessary sur- Veys, estiinates and speeifications for work to be done on State Roads and for that p pose they shall have the eo-operation and assistance of the State Bugiteer or any of his deputles or assistants, It shall also be ne duty of said assistant engineers upon request of any board of county commis: ers or any board of town supervisors, within their respective towns and counties, to advise and consult with such county oF town boards in ‘the construction or improve- ment of county or town rodds; to make plans aud specifications when so required; to exercise supervision over such construction oF improvement, and lend every possibie _as- sistance to the Jocal road authorities in bet- tering the public highways. All persons ap- pointed by the Highway Commission shall be ippoited solely on their merits and qualiti cations. IN CO ROADS.—-Whenever the County Board of any county ‘shall determine to bulla or improve any State Road tor which aid is to be ciaimed, shall proceed ‘as follows: the estimated cost of such work does not exceed five 500.00) the sald board surveys, when necessary, to be made therefor by an ‘assistant enginee: and’ shall thereupon receive bids for all oF 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 hun- ired dollars ($500.00), the said county shalt cause surveys, plans ‘and specifications there- for to be made by an assistant engineer and sabmit the same to the Highway Commission for approval, ind when such plans and specifications’ are approved, Board shall proceed act or day labor. PROCEDURE OF C TRUC UNTY BOARD ne 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 reguia- tions of the Highway Commission and the mstructions of the State Engineer. ‘The provisions of this section shall not apply to any County which now has or which may hereaiter 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 its confines. Sec, 23. SYATE AID—HOW PAID.—after any County Board shall have completed any work on a 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 cost of such work, and shall also submit a de- tailed report ‘from the assistant engineer in charge showing all such details concerning the sae as may be required by the Highway Commission. On receipt thereof the said Highway Comiission 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 ang specifications therefor, and the contract. there- , if any, the secretary of the Highway Commission shail certify the same to the State Auditor who shall 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 property for taxation purposes is less than Five Million ($5,000,000) Dollars, So per eent; in counties with a taxable valuation of Five Mil- lion Dollars ($5,000,000) and less than Ten Mil- lion Dollars ($1v.(4),000), 70 per cent; in coun- ties with a taxable valuation of Ten Million Dollars ($10,000,000) and not exceeding Fifteen Million Dollars '(§15,00,000), @0 per cent; in all other counties, 50 per cent.” In determining the taxable valuation hereinbefore provided for, the assessed valuation of monies and credits ‘pro. 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 paid 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, shail be sufficient therefor, Sec. 17, RULES AND REGULATIONS.—As soon as the Highway Commission shall ‘have! ascertained the location of the available road material throughout the State, and the beS<| methods of road and bridge construction, as| far as the same may be practicable, it shail prepare and adopt such rules and regulations for ‘the construction, maintenance and improve- ment of State Roads as shall be most suitable to the requirements of, and bring the most practicable results to the several parts of the State. Such rules and regulations shall be printed ard 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 “DESIGNATION.—Any County Board may, with the consent of the Highway Commission, desigcate any estab- lished road, or specified portion thereof, in its county, not within the corporate Mmits'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 Road: When any County Board has designated any road as a Slate Road as herein provided, the County Auditor shall transmit a copy vf 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 will 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- in such county, and if it determines juestion 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 appucation to it made by at least ten freehoiders resident of such county, {o 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 iis opinion sufficient funds will be available for the improvement of such road, and its desiguation and improve- ment as a ‘State Koad 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 eoncur- 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. anew the County Board of the County in which such village or city is situated, designate any street or road within its’ corporate mits, not less than sixty (60) feet in width, as a State Road when the street or road'so designated will constitute a direct connecting link with the parts of a State Road leading to and out of any such village or elty. The County Board of such County shall signify its con- sent by resolution and in end by such resolu- tion shall designate the amount which may be paid out_of the allotment made to such county, as State Aid in the -eonstruction or improvement of any such street, No greater amount than is so designated by the County Board shall be paid 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 treet or road within any village or city of the fourth class, so designated, may be im- proved as other State roads and state ald pald therefor as hereinafter provided. ~ The village or efty clerk, as the case may be, shall make substantially’ the same report ‘as 1s herein required to be made by a County Auditor with reference to State Roads desiz- nated by the County Board, any payment of the State's share of the cost of construction and improvement thereof shall be made in substantially ethe same mani and upon substantially the same conditions precedent as ig herein provided for the payment of state aid to counties; provided, however, that the Dayment 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 limits of any vil- lage or city, nor in any event, to exceed fifteen hundred dollars ($1.500) per mile, ‘shall be paid as State aid therefor from the State ‘Any, 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 shal] make or 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 ail other warrants exceed the amounts al- jotted to such county, and it shall be the duty of the assistant engineer to report such work in duplicate to the County Auditor with details and cost within thirty days after com- pletion thereof, one copy of which shall be sent to te Highway Commission with the Auditor's report. The detailed jreport of the assistant en- gineer —mentic herein shall contain. among other. matters, a _statement showing the municipal subdivision — per- forming the, work or expending the money on such higtfvay, and if more than one sucn municipal subdivision has performed work or expended money on ‘such highwa: then the names of such ‘municipal subdivistons 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- neer’s report. ‘ Sec, 2 GOOD ROADS DAY.—The third ‘Tuesday of June in each year is hereby des- ignated as “‘Guod Roads Day’’ and the Gov- ernor shall annually, on or before the first day of June, by public proclamation, request the people of 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 sald 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 said 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 lay out, alter or vacate such road as directed by the’ judge in accordance with th? 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 shall 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 said 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 lke manner as provided herein in other cases. Sec. 25. NOTICE OF PRESENTATIO’ Three weeks published and posted notice of the presentation of such 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 civil 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 service of such notice on such counties and towns shall be filed with the clerk of said court before the bearing. Sec. 26, COMMISSIONERS MAY APPOINT SURVEYOR.—The Commissioners shall ap- point a surveyor, an axman and two chain- men, to survey such road, if so directed by the Court. ‘The surveyor shalj 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 pertorm- ance of their duties. The surveyor shail make plats of the location of such road, in which the county lines and ail stakes, trees, monu- ments and distances shail appear, and file one of such plats for record with the Register of Deeds of each county in or through which said road is located. The surveyor shal! re- ceive two dollars for each plat so filed. Sec, 27. DAMAGES—DETERMINATION AND PAYMENT.—Said Commissioners shall appraise and fix the damages to be paid to each landowner by reason of the ita blish- ment, alteration or vacation of such id over: and across his lands, unless such right of sin be voluntarily released to the county in whicl such Jand fs situated; and in their report they all set forth each appraisal made by then, id all releases of the right of way. damages, when finally determined. and all ex- penses jncurred in the establishment, altera- tion or vacation, including compensation for right of way, shall be pald-by the counties through, into or between which such road passes, each county paring its just proportion, as determined by the court. The county shall provide for and pay such damages as in the case of a County Road. id Commissioners shall ‘receive for their 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. ieee by its action may then appear ang heard upon such report; and the Court upon such hearing, may consider the ee, of establishing, altering or vacating buch 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 shalt to be superintended all work done Seat cinie House Sach Work mad done under contract or by day labor. as the County Board and Highway Commissiop may 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 @ copy of the order “\eases within riNG OR IMPROVING STATE} the. said County | do ‘said work by con-| ‘to the Auditor of cach county) whieh such road passes; upo puch | same WoW cross. jorder the County Hoard she n | County gud such adjacer jaccordance with its terms to h of| Bee, Foals “in ae road as lies within its ” foieeee Pia ype id seine. Sec. 29. TRIAL BY JURY.-~Any person, dee grieved by such appraisal may demand a Jury triat to -determine the amount of damages to which he is entitled for the right of way for such road over his land, Such demand shall be in writing. signed by ‘the person making it, his agent or attorney, and fed with the Clerk of the District Court with who: the report is filed, within thirty days after the entry of the order of confirmation. A faiture to file such demand shall be deemed a consent to the ap- praisal made. A trial so demanded shall be pad at the next term held in. the county in which the land is situate: nlexg continued Tor cause, If the land is situzted in a counts other than that in which the report is filed |the Clerk with whom such. report and deman jare filed shal} certify a copy of said demand, jand of so much of the report as applies thereto, to the Clerk of the who shall file |the same, ‘The County or County }torney of the county ja nd so. taken is situate may: in like am and with hee Jemect demand a jury. tr determine the |damages tobe paid in any one or all of the such county, and the like jceedings shal} theretpon be had 7 POWERS OF COU () “GENERAL. | County rds shall general jor county roads, [respective count judicial au- |thority, with pewer to appropriate and: expend uch sums of money” irom the County Road and Bridge fund as they may deem advisable for opening, vacating, resurveying, or improv- jing the same in ‘Towns anc Villages ef suc! jCounty, og for the building or. repairing of bridges upon any public read in any tow! or Village, borough or city’ of the fourth class m the punty, or for purchasing nécessar: road ‘material, ‘machinery, tools | PROVIDED, that before any suc 3 sl be apvropritted 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 expenditures upon such road or bridge shall be first authorizes by the council of such village, borough or city of the fourth class. a rbdtvisio ROADS IN ADJOINING COUNTY.—The. board) may appropriate anc expend money, for the construction and main tenance of roads in an adjoining county, whe Jit deems it for the best interests of the public |put the amounts so appripriated 1 not ex- ceed twenty thousand dollars in any one year. ubdivision (3). BRIDGE IN VILLAGES. BOROUGHS ND CITIE oF THE FOURTH CLASS.—Whenever the council of jany village, ‘borough or city of the fourth jclass shall determine that !t is necessary to build or. improve any bridge or bridges in cluding approaches thereto and 2: dam or retaining works connected therewith, upon of forming & part of streets or highways either lwholly or partly within its limtts, the County Board shall appropriate such money as _may be necessa therefor from the County Road and Bridge fund, not exeeeding 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 counel The Council shal! determine the plans an specifications, shall let 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 eeds. Any unpaid ba!- ance may be paid 9: 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 lapply. 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 authority ‘of the County Board to ap- propriate and expend money ou such bridges: under the provisions of Subdivision 1 of this Section. Subdivision (4). COUNTY ROAD AND BRIDGE FUND. ‘The County Board shall pro- vide and set apart a tuud for the constru 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 in such county, as determined by such boards or_as required by the provisions of this act. Subdivision (). COUNTY MAY ISSUE BONDS—-WHEN.—When authorized by the 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 Going exceeds the amount 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 shal! lay the same before the County 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 may, 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. | 1f 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 vi and those opposeg after the word * not submitted at A special election, the Audi- tor shall cause the same to be submitted at the next general clection, In either event the votes on such question shal! 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 cointy 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 interest, evi- denced by coupons, at a rate not exceeding six per cent per annum, payable annually; ich 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- seeds thereof shall be used bythe County only for making the improvements specified in the proposition as submitted to the voters; such bonds shall not be valid until registered by the County Auditor, and his certificate of registration enf@orsed ‘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 exceed 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 «rain- age ditches the cost of which is assessed against the benefited property, shall not be included. Sec.. 31. ROAD TAX.—The County Board at its July meeting may include fn its annual tax levy, an amount not exceeding three mills on the dollar of the taxable valuation for the ‘ounty Road and Bridge fund. Such taxes may, be additional to the amount permitted by law to be levied for other county pur- TY BOARDS. supewision within their 32. ESTABLISHMENT, \ ALTERA OR_VACATION BY COUNTY BOARDS. —County Roads, other than those established by judicial authority, ‘shail be: established. altered or vacated only by the County Board. Damages resulting from establishing, alterin, or vacating such roads shall be, determine in the manner hereinafter providetl, and shal 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 hundred thousand (200,000) inhab- itants or over,! are hereby authorized and empowered to constitute and declare any pub- He highway or road in ‘such county outside of the corporate limits of any, incorporated city or vil 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 0. construed as to relieve the Supervisors or Town Overseer of Highways of any town in such county from any of the duties .mposed 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. In any county of this state having two hun- dred thousand (200.000) inhabitants or over. or which may hereafter bave two hundred thou- sand (200,000) inhabitants or over, the County Commissioners. thereof are hereby authorized and empowered to extend any street or avenue beyond the city or village Mmits of any city or village in such county: xo connect with any road gr highway in iy adjoining count which extension however. shall not exceed one mule In length; and said County Commissioners are given full power to chanec. alter. improve, or repair such extension @f aad within. such county, and to appropri: @B:b sum or sums of money from the sourty treasury of ‘such county as they may. fee sainle therefor: provided. that ta no case the Jocation of Such sad wherewith such exiezsion shall be pro- | SUPERVISION. | eral vacation of connect. with each Gan one town, or partly in one or more towss aid partly oo the line between one or tore’ towns, or on the line between two. or more cowns, in such county, or along the shore ot any ‘like wholly or partly in sueh county, or ‘wio a town or towns and the unplatted part of auy village or Villages therein, such road todds not uting within a city,’ setting fortn the beginning, course and teruination or the beginnings, courses ara terminations of the roud or 10ads, and the numes of the owners of the land, if known, tarough which the sat [may pass, and file te same with the Auditor, he “shal forthwith lay the same before the | Board, if in session, and if not, at thelr first [session thereatter. if the petition relate to a |road or roads, partly in a tovtu or towns, and [partly in the ‘unpiatted portion of a village or villages, before It-shal] be aeted upon by the County ‘Board it shall have attached the |certitied copy jof- a resolution of the villa |council or o ehch village councii, as the cal approving the same. HEARING ON PETITION—AP- OF COMMITTE [tien appears reasonable on it the sha cr a hearing thereon, designating in for such hearing Iso its anembers a such erder the time and plac and shall appoint from committee to examine the route or routes of such 19ad or roads and fix the time and place upon such route or upon any one of such | routes, at which said committee shtll meet for |the purpose. At least twenty days before the Ume fixed ior such committee meeting, and not jess than thirty (80) gays before the time of |said hearing, ‘the Board shall cause posted nolice of the time and place of such meetin; and hearing to be given in cach town affected, setting forth a copy of the petition. Proof of such notice shall be made by affidavit of the person posting the same. Such affidavit shall ve filea with the Couuty Auditor and be by hint kept with the other papers relating to such proceedings. Sec. 35.COMMITTEE TO EXAMINE AND REPORT ON PETITION.—At the time and place designated, ‘said Committee shali meet aud examine the’ road or roads proposed to be! established. altered or vacated, and in such jexamination they may employ a surveyor. | After such examination, they shall report to | the Board at its next. session, setting forth, if @ new road or roads or any’ alteration or ‘al- terations of any existing road or roads be pro- posed, the courses and distances thereof, and recommending the granting or rejection of the petition Sec. 36. HEARING-AWARD OF DAM- ESTABLISHMENT OF ROAD.— may. bi AGES. — At the time and place designated, said Board shall hear al! parties interested as to the necessity for, and as to the amount. of damages to land owners by xeason of such establishment, alteration or vacation, and may adjourn such hearing from time to’ time, if necessary. Ii shall determine the damages which will be sustained by each owner through whose land such road or roads may pass, and with whom it cannot agree as hereinafter provided, or who is unknown, specifying the amount of dam- ages, if any, awarded to each land owner and describing edch pareel of land separately. 11 the Board determines that the establishment of the road is desirable and of sutficient advan- tage to Warrant the payment of damages as- sessed, it shall declare the road or roads estab- lished, altered or vacated in accordance with the petition, Otherwise, it shall declare the petition dismissed. ‘The damages sustained by reason of estab- ishing, altering or vacating any road may be ascertained by the agreement of the owners and the County Board; and, unless such agreement is made, or the owners release in writing, all claim to damages, the same shail be assessed and awarded before such road is opened, worked, used, altered’ or vacated. Every such agreement and release shall be filed with the County Auditor and shall be final as to the matters therein contained. In ascertaining the damages which will be sustained by any owner, the Board shall Ae- termine tht money value of the benefits which the establishment, alteration or vacation, as the case may be, ‘will confer, and deduct such value, if any, from the damages, if any, and award the ifference, if any, as damage: If the petition be granted, the Board shall provide for the laying out’ egd construction of stich road, In the case of the establish- ment of a new road or the alteration of an existing road or roads, and the carrying into efiect’ the Vacation on an existing road or roads, when such action is petitioned for. All’ damages resulting from the establish- ment, alteration or vacation of any county road ‘shall be paid by the county. Sec, 37. APPEAL.—Any tax payer of the county, or any person’ aggrieved by any de- termination of a County Board. either estab- lishing, altering or vacating or refusing to establish, alter or vacate any road, or by any award of damages made by such County Board may appeal therefrom to the District Court of such County within the time and in the manner and with effect as is herein- after provided. TOWN ROADS. 38. GENERAL SUPERVISION IN 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 thereof; pro- vided, however, that all work done on county roads’ under thé supervision of Town Boards shall be done in accordance with rules and regulations to be made by the Highway Commission; provided, that in counties having a@ population of one ‘hundred and fifty thou- sand (150,000) 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 shall not have jurisdiction over County Roads, Provided, however, that the county board of each county shall’ have the care, supervision and maintenance of ali bridges in the county outside of the corporate limits of cities and Villages which have originally cost §1,000 or more. Sec. 29, REPORT TO TOWN MEETING— ‘The Town Board shall render to the angual town meeting a report in writing,’ conta! 1. The amount of road taxes levied and the’ amount collected during the preceding year, and also all money paid into the Road And Bridge fund from all other 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. ‘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.—All ‘real and personal property in liable taxation, other than monies and credits’ taxed under Chapter 285 Laws 1911, shall be taxed for road pure, poses. All road taxes hereafter levied shail’ be paid in cash and hereatter no highway labor shall be assessed. ‘The electors \of each’ town shall have power at their annual town meeting to determine the amount of money which shall be raised by taxation for road and bridge purpose: not exceeding, however, fifteen (15) mills. per dollar on the taxable” property of the town. ‘The tax so, voted shall ve extended, collected and payment thereof enforced in ‘the same manner and at the same time as is 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 a tax on the property in its town for road and bridge purposes in addition to the tax, if any, voted at the annual town meeting for rodd and bridge purposes, in an amounc not to exceed five (5) mills oy the dollar of the assessed value of the property in the town, and any tax’ so levied by the Town Board shall forthwith be certified to the Coun- to, Auditor for extenston and collection, ‘The ‘Town Board may thereafter "pledge the credit of the town by issuing town or- ders not exceeding, however, the amount of the additional tax’ so levied by the Town Board for road and bridge purposes, in pa ment for work done or material uséd on’ the roads within the town, Sec. 41. DRAGGING OF ROADS AND TAN THEREEORS The Counts Avaites Ne each, county shall annually extend upon. the tax lists of his county, in the same manner as is provided by jaw for extending the county schodl tax, a tax of one mill on the dodar of the taxable property. in each town, ouiside the corporate limits of any. borough, village or city in any such town, provided that in towns having an assessed’ Valuation of One Million “<1,U00,WW0) Dollars or more’ whe amount of such tax shall not ex Thodsand ($1,000) Dollars. ‘The. tax 6 levied shall be coliected and the payment. thereof enforced in the same manner as is provided by law for the collection and enforcement of other town taxes extended by the County Auditor. “The County ‘Treasurer shall settle with and pay over to the Town 9 such taxes When collected at the time and in the manner now provided by law with reference to other town taxes. ‘Phe proceeds of such tax levy/shall be kept in a separate fund to be known as the “Drag- ging fund,” and ghail be expended py the ing a suitable number of drags and draggin, the roads of the town. * ‘The ‘Town Board in each town, on recom- mendation of the Town Road Overseer, shall enter into contracts for the dragging of the roads of the town, giving preference to the main traveled road and roads constitutlag thail routes within their respective towns: rrovided, however, that the — compensation which may be agreed to be paid for each time a road is dragged shall uot exceed one dollar per mile for each mile of rowd dragged ‘The contract price shall be paia from tie ‘Dragging Fund," in the same. manner a: other claims against the Town, after approval by the Road Overseer, Sec. 42. TOWN ROAD OVERSEER.—Eact town shall constitute a read district. The office of District Road overseer is hereby abolished and in place thereof, ‘Town! Board shall appolyt a competent’ road builder as Road Overseer for the entire town, who ahi have charge, under the supervision of the Town Boar of the construction of al town roads, and the maintenance of ali town and county roads 0 the town. “He may aj point one or more competent assistants, sub. Ject to the approval of the Town Board. No member of a Town Boatd shall be eligible Yor appointment as Town Road Overseer or Assistant Overseer. The empensation of the Road Overseer and assistants “fixed by the Town Board at a sum to exceed Town Board only for the expense of procur-|™a: the Town Board. Provided that such road overseer shall re No jurisdietion over county reads in any ‘county which nev as or hereafter may have a population of One Hundred Fifty Thousand (150,000) in- habitants or over, and a County Superintend- Tae a immeaye or other officer to. superin construction and improvement of roads within its Romanes: ss ¥ Sec. 42. PETITIO: FoR ESTABLISH- MENT, ALTERATION OR VACATION. Any ‘Town ‘Board may alter or vacate a Town Road or establish a new road in its town upon a petition of not less than eight voters of the town, who own real @state, or occupy real estate under the homestead or pre-emp- tion laws or under contract with the state. within three miles of the road proposed to be established, altered or vacated. Provided. however, that in any town: nat having eight (8) “voters, who own rea! estate or -occupy |real estate under the homestead or pte-emp- tion laws or under contract with the state, | within three (3) miles of any proposed road, |the Town Board of such town may alter or | vacate a town road, or establish a new Toad [in the town upon a petition signed by a less jnumber of voters,, of guch town, who own real.estate or occupy rea! estate under the homestead of pre-emption Jaws or under con- tract with ‘the state in such town. Such petition shall contain a description of th |road, and what part thereof is to be altered or vacated, and, if a uew road, the names of the owners of the land, if known, over which such road is to pass, its point of beginning, general course and termination. Sec. 44. NOTICE OF HEARING ON PE. ‘TITION.—The petition shall be filed with the Town Clerk, who shall forthwith present it to the Town Board. Said Heard, within thirty days thereafter, shall make an orde> describing as nearly as practicable the road proposed to be established, altered or va- cated, and the several \tracts of land through which it passes and fixing a time and place when and where it will meet and act upon sald petition. The petitioners shall cause persona! service of such order to be made upon each oceupant of such land at least ten before such meeting, and also cause ten posted notice thereof to be given. Sec. 45. HEARING AND DETERMINA- ‘TION.—At the time and piace designated, the Board shal! meet, and on proof, by affidavit. of the giving of such notice, it ‘shall examine the road proposed to be established, altered or vacated, hear all parties interested, aud determine whether it will grant or refuse the petition, If it be refused, the fact shall be noted on the back thereof. - Sec. 46. SURVEY AND ORDER.—if the petition be granted, the board, if it deem it necessary, shall cause a survey to be made When thé center of such road does not fallow a section line, or some subdivisiona! line of a section, the surveyor sball note the distance to the’ point’ on any course at which su course will intersect a section line, and the distance of such point of intersection from the most convenient section, quarter section. or meander corner, as established by govern- ment servey; and the notes of such intersec~ tions, and a description of the road so estab- Mshed, altered or vacated, shall be ineor- porated in an order to be signed by the Board. Sec, 47, DAMAGES AND BENEFITS—The damazes ‘sustained by reason of establishing, altering or vacating any road may be a@s- certained by the agreement of the owners and the Town Board; and, unless such agree- ment is made, or the owners release, im writing, all claims to damages, the same shall be assessed and swarded before such road is opened, worked or used. Every agreement and releas shall be filed with the Town Clerk, and shall be final as to the matters therein contained. The Board shall assess the damages of each claimant witb whom it cannot agree, or who fs unknow! specifying the amount awarded to each and briefly describing each parcel of land. In ascertaining the damages which will be sustained by any owner the Town Board shall determine the money value of the bene- fits which the establishment, alteration or vacation, the case may be, will confer, and deduct. the benefits, if any, from the damages, if any, and award the difference, if any, as damages. Sec. 48. AWARD-FILING PAPERS—With- in five days after the date of the order establishing, altering or vacating a road, the Board shall make its award of damages,” and file such order and award, together with all petitions, affidavits and orders relating there- to, with’ the town clerk; but said clerk shall not record such final order within the of thirty days, nor, in case of an until a final decision is had thereon, and not then umiess such order is confirmed. In case said board does not file such order within twenty days, it shall be doomed to have re- 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 Auditer, who shal! file and presery the same. He shall give bis receipt therefor to the clerk, who shall ‘file the same and make an ps ie thereof in the record relating | such Fee ys 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 fas competent’ evidence of the facts therein contained, and shall 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 to establish, alter or vacate any road shall be final, unless appealed from, for one year from the filing of its order; and no pe- tition for establishing, altering or vacating such road shall be again acted upon within the time aforesaid. In case its determina- tion granting a petition is appealed from 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. Sec. 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 @ 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- fice, survey, hearing, award of damages, filing and recording papers. and_in all other mat- ters pertaining to thelr duiles, by the regula~ flons 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. oe Before making an order establishing a 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 nearly equal as possible the cost and expense of con- structing and maintaining the entire road to be established, and assigning to each of said parts one-half of such cost and expense. ‘After such division ‘shall have been made the Town Boards shall tnereupon by agree- ment determine which of such parts shall thereafter be 4, constructed and main- tained by each. If the Town Hoards cannot so agree the matter shall be determined by lot. Tt shall be the duty of the Town Boarda of the respective towns, parties to the laying out of a road under the provisions of this Section, to proceed forwith. to open and con- struct ita share of such. Toad and thereafter maintain the same. * Ren SS. BETWEEN TOWN AND CITY, ETC.—Whenever such a petition is presented to the council of a city or village, and the ‘Town Board of a town. praying for the loca~ tion, alteration or vacation of a road on the line between such town and the city or village, such Board and council, or a majority of each, acting together as one board, shall Getermine said petition in the same manner in all respects as provided in the preceeding section and the provisions of the preceeding section shall apply to the Town Board and City or Village council. : ‘Sec. 54. SECTION LINE ROADS—In Towns which have not seen organized, oF in which no public roads have been establish- ed, the section lines shall be considered public roads, to be opened to the width of two rods on. cach side of such lines, upon * the order of the County or Town Board, as the case may be, without any survey being had, unless it be'necessary on account of varia- tions, caused by natural obstacles, subject, however, to the provistons of this act, in rela- tion to the assessment of damages and the right to gare es ge a Sec. 55. RTWAYS.—Any Town Boat ‘establish a cartway two rods wide on voters, free- olders of such town. All their sett he the ‘same as provided in this ‘act tor establishing town roads. ‘The cost and 6 penses thereof, and the damages awarded lands taken therefor, shall be paid by town. as in the case of Town Roads, a record of such cartway shall be filed with the Town Clerk; provided, that, when a road or cartway 1s established which will not be @ continuous road from one highway to another, one half of the damage to the land throagh which {t passes. shall be paid by the persons benefited thereby ‘Town Boards shall, on petition of the owner of @ tract of Jand, of not less than five acres in area, who has no access thereto except over the lands of otters, establish a cartway not more than two rods wide connecting his land with a public road. ‘The amount of damages, it any, to ten-pald by the petitioner to the town before such cartway is opened. In any county having « population of two hundred thousand Inbabitants or more, any town board may expend, Road or Bridge funds upon a legally established cartway, the same as_on a town road. ‘Sec. 58. DEDICATION OF LAND FOR ROAT}—One or more owners may dedicate jand for a toad or cartway by mal ‘ap: lication therefor, in writing. to the rd, deseribi petition of not less than five ia, dedieation,, aed. Sline nich wpptieaaen a app B othe clerk shall present. the with the clerk. ” ‘tos same to the ‘Board which, within tex wn Pd rye