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county road purposes.
Supervisors upon peti
sources the Board of Supervisors may annually set apart a Fund for sum not exceeding twenty per cent. of the aggregate for general county road purposes, from which they may direct such costs to be paid as may be found necessary for such general road purposes, in which the inhabitants of all the districts are more or less interested. The object of the appropriation must be specified in each order made therefor. The Board shall have no power to create a debt on any Supervisor's road district in excess of ten per cent. on the estimated amount of the tax receipts from said district for the next ensuing year.
Sec. 30. Upon a petition signed by a majority of persons Board of liable to pay road poll tax of any kind, also of those owning a majority of taxable property in any road district, the tionnay Board of Supervisors, for the purpose of macadamizing the road of such district (but for no other purpose), may issue bond of the road district not exceeding in the aggregate five per cent. of the taxable property thereof. The bonds so issued shall bear interest at the rate of seven per cent. per annum, payable annually, and must be redeemed within five years from the date of issuance. The Board must Redemption also levy a tax annually, not exceeding one and one-eighth of one per cent., for the payment of interest and a part of the principal of such bonds until the entire amount of bonds issued are redeemed. The provisions of this section shall apply to any bonds heretofore issued for the purposes therein mentioned.
SEC. 31. The Clerk of the Board of Supervisors must, Road poll before the first Monday in January in each year, cause to be tax receipts. printed, respectively, two and three dollar blank road poll tax receipts of a sufficient amount for the use of Road Overseers of the county, and must, before the first Monday in January in each year, sign the two dollar receipts, and upon demand deliver each Road Overseer the number required in his district, charging him with the same; and before the first Monday of July in each year, sign the three dollar receipts, and deliver them to the Road Overseer in the same manner as the two dollar receipts ; provided, the Overseer shall first return all the two dollar receipts in his possession which remain unsold, and the Overseer shall have credit for the same; also, the Treasurer's receipts, excluding the percent- Must be age and the amount sold. The style of such blanks must be changed changed each year.
SEC. 32. The County Assessor shall furnish annually to Duty of the County Treasurer a list of the amount of property in Cogester each Supervisor District which is subject to road tax, and to each Supervisor a correct list of names of all persons assessed and the amount of property assessed to each person in each road district of his Supervisor District.
Sec. 33. Any ten inhabitants of a road district, taxable Petition for therein for road purposes, may petition (in writing) the Dis-ulterati trict Commissioner of Highways or Board of Supervisors to old road. alter or discontinue any road or lay out a new road therein. The petition must set forth and describe particularly the road to be abandoned, discontinued, altered, or constructed,
of Petitioners to give bonds.
Qualification and duty of Viewers.
and the general route thereof, over what lands, and who the owners thereof are, whether the owners consent thereto, and if not, the probable cost of the right of way, the necessity for and the advantage of the proposed change.
SEC. 34. The petitioners must accompany the petition with a good and sufficient bond, to be approved by the Board of Supervisors, in double the amount of probable cost of the viewing and laying out or altering of any road, conditional that the bondsmen will pay all the costs of viewing and surveying in case the prayer is not granted, and the road finally not opened.
SEC. 35. Upon petition being approved by the Supervisors and Road Overseer of the district, and filing such petition and bond, the Board of Supervisors must appoint three Viewers, one of whom must be a surveyor, to view and survey any proposed alteration of an old or opening of a new road, to be made in accordance with the description in the petition, and submit to the Board of Supervisors an estimate of the cost of the change, alteration, or opening, including the purchase of the "right of way," and their views of the necessity thereof.
Sec. 36. The Road Viewers must be disinterested citizens of the county, but not petitioners. They must be sworn to discharge their duties faithfully, must view and lay out the proposed alteration or new road over the most practicable route, ascertain whether the owners consent thereto, and the amount, if any, they claim or demand for the right of way over the same, estimate the actual damage to any land over which it passes, and the cost of any bridges or grading necessary, the necessity for and public convenience to be subserved by the road, and whether the opening thereof or the change therein proposed should be had.
SEC. 37. When the view and survey of the proposed alteration or new road is completed the Viewers must report to the Board of Supervisors:
First—The course, termini, length, and cost of construction of the proposed road.
Second-The estimate of damage to the owner of any land over which it is proposed to run the road.
Third–The names of land owners who consent to give the right of way, and their written consent thereto. Signing petition shall be considered a written consent to the right of way.
Fourth-The names of land owners who do not consent, and the amount of damage claimed by each.
Fifth-Such other facts bearing upon the subject of importance to be known by the Board of Supervisors.
SEC, 38. No report of Viewers must, by the Board of Supervisors, be approved which, without the consent of the owner and occupant, would have the effect to open a road:
First-Through an orchard of five years' growth.
Third–Through buildings or fixtures, or erections for the purpose of residence, trade, or manufacture.
Fourth-Through inclosures necessary for the use or enjoy- Duties of ment of the buildings, fixtures, or erections; or
Fifth-Through inclosed or improved lands unless the Board of Supervisors are satisfied from personal examination and observation, or from the sworn statement of at least five residents of the road district, and that the opening of such road through such premises is a necessity, a great benefit, or a great convenience to a moiety of the inhabitants of the district.
Sec. 39. The Viewers must be paid three dollars each per Compensaday for their services, out of the Road Fund of the district Viewer through which the road passes, and the surveyor his legal fees for running out and mapping the road and making the plot and field notes, which must be filed, when required, before he receives his compensation.
SEC. 40. The Board of Supervisors must, on the coming Hearing of in of the report, fix a day for hearing the same, and notify report. the owners of land not consenting to give the right of way of the hearing, by having written notices served upon them personally, or upon the occupant or agent of the owner, or if neither, by posting notice at the most conspicuous place on the land, or left at the owner's, agent's, or occupant's residence ten days prior to the day fixed for the hearing, and must on the day fixed, or to which it may be postponed or adjourned, hear evidence and proof from all parties interested for and against the proposed alterations or new road, ascertain, and by order declare the amount of damage awarded to each non-consenting land owner, and declare the report of the Viewers to be approved or rejected.
SEC. 41. If the Board approve the report and there are approval of no non-consenting land owners, the road must, by order, be bort and declared a public highway, and the Road Overseer ordered highway. to open the same to the public. If there are non-consenting land owners the Board must appropriate from the Road Fund of the district, and cause the Road Overseer to tender in writing to each non-consenting land owner, the award for damages made by the Board. If the awards are all accepted the road must be declared a public highway, and be opened as before provided.
SEC. 42. If any award of damages is rejected by the land Rejection of owners the Board must, by order, direct proceedings to pro- damages. cure the right of way to be instituted by the District Attorney of the county, under and as provided in Title Seven, Part Three, of the Code of Civil Procedure, against all non-accepting land owners, and when thereunder the right of way is procured, the road must be declared a public highway, and opened as hereinbefore provided. But if any non-consenting land owner does not recover a greater amount of damages than shall have been allowed him by the Board of Supervisors, then he shall pay all costs and expenses incurred by the reason of any suit or other proceedings instituted in the matter. SEC. 43. All awards by agreement, ascertainment, Board Awards to be
. of Supervisors, or by the proper Court, must be paid out of road Fund. the Road Fund of the district on the order of the Board of
Width of highways.
Certain papers to be made and filed in Recorder's office.
Supervisors. If the road lies in more than one district, the Supervisors must proportionately divide the awards and other costs between them.
SEC. 44. All public highways must be at least thirty-three feet wide, except those now existing of a less width.
SEC. 45. Private or by-roads may be opened for the convenience of one or more residents of any road district in the same manner as public roads are opened, whenever the Board of Supervisors may, for like cause, order the same to be viewed and opened; the person for whose benefit the same is required paying the damages awarded to land owners, and keeping the same in repair.
SEC. 46. In all cases where consent to use the right of way for a highway for five years' general use, or is voluntarily given, purchased or condemned, and paid for, either an instrument in writing conveying the right of way and incidents thereto, signed and acknowledged by the party making it, or a certified copy of the order of the Board of Supervisors declaring it a highway by statute of limitation, or of the decree of the Court condemning the same, must be made, filed and recorded in the office of the Recorder of the county, in which the lands so conveyed or condemned must be particularly described.
SEC. 47. Whenever highways are laid out to cross railditch cross roads, canals, or ditches, the owners or corporations using the
same must, at their own expense, so prepare their roads, canals, or ditches that the public highway may cross the same without danger or delay, and when the right of way for a public highway (through the judgment of any Court) over any railroad, canal, or ditch, no damages inust bé awarded for the simple right to cross the same.
SEC. 48. When the alteration of an old or the opening of a new road makes it necessary to remove fences on lands given, purchased, or condemned by order of a Court for road or highway purposes, notice to remove the fence must be given by the Road Overseer to the owner, his occupant, or agent, and if the same is not done within ten days there
after, or commenced and prosecuted as speedily as possible, Cost of same. the Road Overseer may cause it to be carefully removed at
the expense of the owner, and recover of him the cost of such removal.
SEC. 49. All public bridges, not otherwise specially provided for, are maintained by the road district in which they are situated and the districts which they unite.
SEC. 50. Whenever it appears to the Board of Supervisors that any road district is or would be unreasonably burdened by the expense of construction, maintenance, and repair of any bridge, they may, in their discretion, cause a portion of the aggregate cost or expense to be paid out of the General Road Fund of the county, or out of the General County Fund, or both, or they may cause a special bridge tax to be levied therefor, not exceeding one-fourth of one per cent. on the taxable property of the county, annually, until the amount appropriated in aid is raised and paid.
Sec. 51. Bridges crossing the line between cities or towns
Removal of fences,
pense, how paid.
and road districts must be constructed by the cities or towns Bridges and the Road Fund of the road districts into which said fossing bridges reach, proportionately; provided, that the Board of Supervisors may order the whole expense paid for repairing or constrụcting said bridges out of the General Road Fund of the county.
SEC. 52. No bridge, the cost and construction and repairs Construction of which will exceed the sum of three hundred dollars, of bridges. must be constructed or repaired except on the order of the District Supervisor; when ordered to be constructed or repaired the contract therefor must be let out to the lowest responsible bidder, after reasonable notice being given by the order of the District Supervisor, through the Road Overseer, by the publication of at least two weeks in a county newspaper (except where immediate repairs are necessary), and it none, then by three posted notices, one at the Courthouse, one at the point to be bridged, and one at some neighboring public place or post-office. The bids to be sealed, opened, and the contract to be awarded at the time specified in the notice. The contract and bond to perform it must be entered into and subject to the approval of the Board of Supervisors.
SEC. 53. If the Road Overseer of one road district, after Failure of five days' notice from the Overseer of an adjoining district to aid in repair. aid in the repair of a bridge in which each is interested, fails so to aid, the one giving notice may make the necessary repairs, and must be allowed a pro rata compensation therefor by the Board of Supervisors out of the Road Fund of the defaulting district.
Sec. 54. If the Overseer of any road district chargeable Failure to with the repair of a bridge fails to make the needed repairs, necessary. after being informed that the bridge is impassable or unsafe, and is requested to make the same by two or more freeholders, may represent the facts to the District Supervisors, who, upon being satisfied that the bridge is unsafe, must cause the same to be repaired, and must pay therefor from the funds of the districts chargeable therewith.
Sec. 55. When a bridge, the cost of which will exceed three Petition for hundred dollars, is necessary, five or more freeholders of the bridge. road districts interested therein may petition the Board of Supervisors for the erection of such needed bridge, and if the Board deem the same necessary, must thereupon advertise such application, give the location and other facts, for two weeks in a newspaper printed in the county; if none, then by posters, one at the proposed location, one at the Courthouse, and one at some other public place in the county, and notify the Overseer to attend at a certain time and place to hear the applications.
SEC. 56. On the day fixed to hear the application, proof Hearing of of the notice given being satisfactory, the Board must hear the petition, examine witnesses, and determine whether or not a bridge is necessary as petitioned for. If found to be so, the Board must determine the character of bridge to be constructed, prepare plans and specifications, invite bids, let