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\, Eeuifc, US. Maps, plans, specifications, and es- timates.—Wheaever the cpmrr.tsgion xhalt hav e determined 4POU the cu:ii,uuci£on, or improvement of a state highway, or sec- tion thereof, or shall rave approved a resolution adopted by a board of supervi- sors to an y cotint v requesting the cnn> atructlon or improvement, of \a county highway, or a sectlpn thereof, 'the com- mission shall direct th e dhrisian.engineer of the divtsjbn wheseih such, highway., or section thereof is situated t o make sur- vey*, and prepare suitable preliminary maps, plans and speomcattons. Suoh'divi- sion engineer, ahall, subject t o the direc- tion and control of th e corhmissioa, have th e following powers and duties In respect to such highways: t 8e shall causa tho highway o r section thereof designated b y th e corpimisslon, o r described in\ such resolution, to be mapped bot h to outline and profile. 2. He may provide fo r a deviation from the line of a highway already existing, it thereby a-shorter o r more direct highway, or a lessened gradient may be obtained without decreasing the usefulness of th e highway . a fie may provide fo r th e widening o f an existing highway. t, He shall prepare preliminary plans •ad specifications fo r th e construction or Improvement of such highwa y o r section thereof providing to r a telford, macadam e r gravel \roadway o r other suitable con- struction, taking into consideration cli- mate, BOH and materials to b e had i n the vicinity thereof, and th e extent an d na- ture of the traffic likely t o be upon such highway, specifying in hi s Judgment th e kind of highway a wise economy de - mands. 6. He shall provide i n suc h plan s and specifications fo r necessary culverts, drains, ditches, waterways, embank- ments, guard-rails an d retaining wails. 6. Ha may provide therein fo r th e re - moval or planting of trees, within th e boundaries of th e highway, when neces- sary tor the preservation thereof. 7, He shall provide therein for th e erec- tio n o f suitable guide boards. &. He may provide fo r suc h other work •a may b e required to complete th e con- struction o r improvement i n a proper manner. ». He shaU cause an estimate to b e made of th e cost of the construction of such highwa y or section thereof i n ac - cordance with such plans an d specifica- tions. In making- such estimate h e shall ascertain with all practical accuracy th e •juantity of embankment, excavation an d masonry, the quantity o f al l materials to be used an d all items of work t o b e placed under contract an* specify th e estimated cost thereof. S 12*. Submission of maps, plans an d specifications t o district o r county super- intendent.—The commission shall caus e the preliminary maps, plans an d specifi- cations fo r either a stat e o r county high- way; or a copy thereof, to b e presented to th e district o r county superintendent of the district o r oaunty In which such high- way o r section thereof i s situated, who shall personalty examin e th e highway o r section thereof an d th e proposed maps, plans an d BjaodfloaGons. an d shall rec- ommend any modification thereof which la hi * Judgment seems t o be necessary US •ball rep»rt thereon within sixty days to the commission. He shall also tak e snob, other action In respect thereto a a may b e required by ta w o r by th o com- mission. 1 1X1. Action af commission In respect to snaps, plans, specifications an d estimates. —TJpon receiving th e report of the district •t county superintendent, as provided i n the preceding section, th e commission •hall finally adopt th e maps, plans, speci- fications and estimates which ar e to be used to r the construction or improvement o f th o state o r county highway to be constructed o r improved. If such highwa y be a. state highwa y th e commission shall thereupon proceed to advertise and award contracts for th e construction or Im- provement thereof as provided in section one hundred and thirty. It such highwa y be a county highwa y th e commission ahall transmit suc h plans, specifications and estimates as adopted b y them to th o board of supervisors of the county from which th e resolution proceeded, together with their certificate approving th e con- struction or Improvement of th e highway or section thereof designated In suc h res- olution. f 12S. Final resolution of board of super- visors.—The board o f supervisors, after the receipt of plans, specifications and es - timate of a county highwa y o r section thereof, and after such modification thereof as may b e mad* b y a majority vote of such board, with th e consent of the commission, may approve such plans, specifications an d estimate, an d adopt- a resolution requesting tha t euoh county highway o r section thereof b e constructed or Improved under tb a pro-visions of this article, i n accordance.therewith, in th e case of a county highway e r a section thereof which divides two e r more coun- ties, such-resolution must b e separately adopted by the board o f supervisors of each county within which a portion of such highway lies. Th e form of such res- olution shall b e prescribed b y th e com - mission an d shall contain th e matter re - quired by this article t o be- inserted there- lb. Immediately upon th e adoption o f such resolution th e clerk' of th e board o f supervisors .shaU transmit a certified copy thereof t o the commission. When a board Of supervisors has once adopted a resolu- tion providing fo r th e construction or im- provement o f a highway o r a section thereof i n accordance with such plans and specifications, no res^totfon there- after adopted b y such board shall rescind er annul suc h prior resolution, either di - rectly o r indirectly, excepting \under tb o advice and with th e consent of th e com- mission. Notwithstanding th e adoption of such a resolution, the commission may modify suc h plans, specifications and esti- mate, prior t o th e award o f a contract therefor and , upon th o approval thereof by th e board o f supervisors as above pro- vided, each , highway o r section thereof •ball be constructed er improved i n ac- cc-dance. with suc h plans, specifications and estirrjate. t129. Order o f construction of count y highways.—Upon th e receipt o f such reso- lution th e commission shall proceed-with the improvement o r construction 6f-auch county highway as provided i n this arti- cle. The construction and improvement o f such county highways and sections there- of shall b e taken up an d carried forward within a. county in th e consecutive order as determined b y th e date o f th e receipt by the commission i n each case o f th e certified copy of the final resolution, st> far as is practicable i n th e opinion o f the commission. N o such highway shall b e •placed upon the list of highways t o b e constructed or Improved no r receive a j Consecutive number o n such list, unless j suc h resolution shall appropriate and make immediately available for such con- struction or improvement the counties' j and towns' share of the cost thereof, or\ shall request that th e whole cost, of 6uch construction or improvement shall b e paid in the first Instance by the state and that th e county and town o r towns snail ' be charged annually by the comptroller j with tho amount properly chargeable thereto, under the provisions of chapter I four hundred and. sixty-nine o f the laws j of nineteen hundred and six, and the acts . amendatory thereof •''.'•• I ISO. Contracts for construction or fan? provement o f highways.r-State and coun- ; ty highways shall be. constructed or im- proved by contract. Upon the completion and final adoption- or approval, a s pro- vided by law , o f the plans, specifications and estimate for the construction or lni- • provement of a state or county highway, contracts. therefor shall bo executed a s provided herein: : L. Advertising for proposals.^The com- mission . shall advertise for proposals ;for the construction or -Improvement of such highways; pr sections thereof according to the plana, speci ileal ions ai.d tslliiu.' prepared therefor ' The advertisement ,, .-Shall! be- lUJJited to a brief desri.pitvli uf tbo vsorls proposed to be done.'-with, an announcement stating where the ..inapa, 7 * plans,- specifications end estimate may- bo !- Been-. ' iho . terms and', .conditions und?r ' which proposals wli'r be received; the, time. and place where iha ram? will bo ogan.ed, 1 ar.xl- such other mHttera' as -'tl'.B ~dmnil3? siori may deorn atlvl^j.b->i : *» c include there- to!- ,Such.;adverti'sprur«it- sjhail, C^ published . a t laast .once in each -jveeU- for/- two .Sac- Ce.SSi.vs > weelC3. In nv'nv.-u.Bj,a,[>r-r- -published at ilia; county\ ;seai of the coupty In which .(•*- mm • OF i m^^oM^m-AW^W^-. ! such highwa y o r section flfereof la'-;to he |<?s<^fHhe^t*toY or ,lt ; -may cajfceel tho 'constructed or improved, an* i n SUCK *?? , 5 a « f e and. ready ertise andi relet;»s pro* ; other ni vvspapers hs the.commission- «**J> designate. - ; 2. .;v-)? r sals. ..- -fy-'-lhc gioa^. su m be pcrloirhed an d amount t-idecLin, section one,hundre d an d thirty, i nad,jahy> exces s In, th e cost of completing catcd, or , :£ Request that; yje -entire cost o f the\' construction -..-oj ..improvement of, ; «uc.b to be charged tor each! Horn spec- ; to P^*%S?!? wor *^ .^^ contract-for ifled^m th e (retitnatci Th e pommissioii ' «J0 construction!, or Improvement.- of- a . nWprescrtbe' andlurnlsh fosmis fo r five;! atote^r-^ffluntyh^hway shall reserve, to: I sahmission of, such proposals ' arid iriay t the 1 '^^commission. the right ,;•#>. suspend o r prescribe tho manner of submitting- th o same wWOh \?h?in ho t b e inconsistent herewith. Th e proposals s when opened \ shall be^'subject at Ml reasonable time*\ to , publio JnspecUori,,an4 at the time o f o|sew ) ins shall be publicly re&d', ah a c6nspicu-. > ously posted in. suc h a manner as t o In- . dicate the several Item s of th e propos?i|r > S. Award of contrftota.—The contract! fisj cahceLtha Jcpntraoi. oi'above: ptdvidedj and to complete th e work thereunder o r readverOse and relet as the commission may determine. \ , . I1S3. Aocepthnco of state; highwajr when Cbinpl©ted.--iriRbn th e completibn of '*. state highway o r section thereof con- structed or \roPrbVed 'under a contract let „ ... ,. T ia» prbvidSdvJrt this article, th e dlvistbn, the construction or improvement of auc§ (englheer together with th e county o r dis- 1 highway or section thereof shall 1>e: [ trfct superintendent shall inspect the •'• awarded to th e lowest responsible bidder, ^imn.ftno^lpitl be completed as provided 1 except that M contract shall b e award- tn th e contl'itct, they shall thereupon re - j jjje locatca, sucn ooaro or supervisors IU»J led at a greater sum tha n tha estimatej port \to the'enmtnisston. who shall.-if it ! adopt a resoluUon requesting th e stat e to , made for th e construction o r improve; \ approve.' notify th e Contractor o f that pa y the entire cost of the construction or , men t of such highway o r section there* -fact an d th e highwa y o r section thereof miprovement of such highway in th e first of i n accordance with such plana and so constructed or improved shall b e deem* instance an d that th e state charge the specifications. The lowest Wd shaft be- • eoT to have'beeit accepted b y th e state. ! county an d town or towns annually with deemed t o b e tha t wh^ch speciffcaHy > * 184. Acceptance of county highway.— their share of the interest and sinking states the lowetn gros s sum. for, whic h the Upon tho completion or a county highway ', tuna as orovtded in chapter four hmv- ehttre work will b e perforxnea, incluaina; o r section Hhereot, constructed o r Im - '?•-*' - • 1 al l th e item s specified tn the estimate proved under 4 contract let as provided in j therefor. Oils article;,the commission shall Inform I ,f. Estimate s ma y ho araended.*-Jf no tho district lor ^county superintendent an d proposal otherwise acceptable i » made 1 tho board of sijlpcnzteora of th e county in I within the estimate accompanying th e . which such\hi«hwayor section thereof is plana an d specifications^ the cominfssion located in writing, that i t will accept th e -,- ..—.. x- ^ .. ^. 3 xyorlj on behalf of the state an d county within twenty dayo from th e date of suc h notice 1 , .unless protest shall b e fifed with him Jtt VvriUnc by the dictrict or county ! may cause th e eatlmate t o bo. amonded. i if th e highway- to be constructed',or intr 1 proved ia a county highway, th e COftunis* 1 sion shall certify the amended cstit&ato t o , th e board of supervisora and th e hoard superintendent o r b y th e chairman of th o . shaU take action thereon as. to a case hoard of Jiupervlsora. In' case a protest i s I where plans, specifications and estihi(Xte| filed the commission shall hear th e same l ar e originally submitted to ahoaW/Of and lt\ft«'4l sustained it shall delay th o , supervisora.^ Upon Uio^menanie^r^ot acceptoncw of th e highway or section suc h highway, or section thereof Is 'l(j« flee shaB asrtnniny• charge tho cSuhtf Sn« \~-~\ — ••• '*• •• • • l t9wJ»M.tova».tewhichau6hcow»higB-i way ts„IocateA *ith their #hai» o f the ja* tcreat and .sinking fund, as provided in «hapt«r fOr#Aimd«a*gna slxtyspihe o f tho-'laws qf.^|netee\n- hundred <and fi* ahdthe actiahienaatory thereof.: ft shall .be th e duty; bf^e>commisslon from time to tfiaa, vrtiei^eirwaueated h* th e cotftpt TOf si.tst certify, to the -comptroller the apportioripftmt -of the cost of construction 4t. improvement of any suc h highway o r sectio n thereof, betwee n the state, coun- ty and tolrn.. - *.\••-.»\ ';*'\•' I IM. Payment o f cost -of : atole hlgh- •l»ajf*-flRiaj,\*atir>*- expens e of :«ho;-cori- jitruotlonror Improvement of a smte high* way shall b e paid by the state treasurer upon -the warrant o f the comptroller is- sued upon tho requisition o f the commis- sion ou t of any specific, appropriation made- available fo r the construction or taiprovemenlt of •stato highways. . I lio . Abolition of railroad grade, eross- iUKi.-^-Tho commissio n shall provide fo r and cause the abolition o f railroad grade crossings on a stat e o r .county highway whenever practicable, in the manner pro- vided by.the railroad law. The portion o f the cost o f abolishing such grade cross- ings, which is payable under the railroad law fry -the, state an d town o r village, shall, b e paid ou t o f thatunds available for the.construction or Improvement o f such stat e or county highway as provided to this article, | MS. Street surfac e railroads'o n high- ways.—}Jo street surface railroad shall b e constructed 'tipon any portion of a state o r cOutity highway which has been or may he improved under the provisions of ibis article, no r shall an y person, firm towns shall be' charged annually '.With, their shore of tho Interest and sinking fund as provided\ in\ -chapter \four\ hundred, and sixty-nine of the laws of nineteen hundred' and six, as amended by chapter seven hundred ai|d eighteen of the;iayrs o f hin*« teen hundred and,seven-• ' ''-> 1140. Modifying method of payment,^-If d resolution/has beon ho^otofbre AdoptedV or shall hereofter b e adopted^by a board of supervisors, appropriating' and making immediately/ available, an-amount aunV olent to pay th e share of tiio cost o f the*^ construction or Improvement of a -county- highway t o b e borne b y th e county and.* th town , o r towns in which the: highway J is located, such board Of supervisors to*3f dred andaixty-nlne of th e laws o f nine- , teen hundred an d six, an d th e acta amendatory thereof. Th e clerk of the hoard of supervisors shaU transmit certi- fied copies o f such resolution t o th e com- mission and th e state comptroller, %t such resolution ahall have been received by th o commission' an d th e stato comp- troller, prior to th e advertisement to r bids for th e construction o r improvement of such county highway or section theref , such estimate, and ita approval by th o 1 board of supervisors In case of a county highway, th e commission may proceed anew t o obtain proposals an d award the contract as provided In this section. 6. Rejection of proposala.—The commis- sion may reject any o r all proposals an d may advertise for new proposals aa above provided, if, in their opinion, th e best in» teresta of th e stat e will thereby he pro- moted. 6. Form of contract,—The commission shall prescribe th e .form of contract an d may include thereto such matters as they may dee m advantageous t o th e state. Such forms shall b e uniform s o tar a a may be. 7. Bond of contractor.—Bach contractor, before entering Into a contract fo r suc h construction o r improvement, shall exe- cute a bond In th e form prescribed b y th e commission, with sufficient sureties, t o b* approved b y th e commission, conditioned that h e will perform th e work In accord- ance with th e terms of th e contract, and with the . plans and specifications, an d that h e Will commence an d complete th e work within th e time prescribed in th e contract, Such bond shall also provide against an y direct or Indirect damage * that shall ha suffered or claimed o n ac - count of suc h construction o r improve- men t during th e time thereof, an d until the highway is accepted. 8. Payments on contract.—The contract may provide for partial payment s to an amount no t exceeding ninety per centum of th e value of th e work done, whic h shall b e paid i n th e manner provided by this article whe n certified to b y th e com- mission. Te n per centum of th e contract price shall be retained until th e enure work has been completed and accepted. 9. Contingencies.—All contingencies aris- ing during th e prosecution of th e work shall b e provided fo r to th e satisfaction thereof until It be properly completed. Upon the .proper completion o f such high- way, o r section thereof an d after filing tho notice! above given it shall be deemed to have been accepted b y th e board of supervisors Of such county an d thereafter It shall b e \maintained aa provided In this chapter. f 185. Entr y Upon adjacent lands for drainage purposes.—Lands adjacent to a state o r \county highwa y may b e entered upon an d occupied tor the purpose of opening o r constructing a drain or ditch so as to properly drain such highway. X. By * contractor, or an y of hi s agents or employees, whe n directed by the com- mission,' during th e construction or im - provement of such highway. t By-the commission or its duly author- ized officers, agent s o r employees, at any time, for th e purpose of making surveys for such drain o r ditch. 8. By th e commission, o r it s duly au - thorised Officers, agents or employees, or by a county, district or town superin- tendent, whe n directed b y the commis- sion, after th e completion an d acceptance of th o highway for the purpose o f open- ing, constructing o r maintaining ditches or drains upon such lands, necessary for th e proper maintenance of such highway. I ISO. Damages for entry.—The commis- sion may agree with th e owner of lands entered upon an d occupied as provided in th e preceding section for th e payment of damages caused by such entry, or if un - able to,so agree th e right t o enter an d occupy suc h lands may be acquired an d the damages therefor shall be ascertained as provided In the condemnation law. Such damages shall, tn the case of a state highway, b e paid out of moneys available to r the construction or im - provement o f such highway, an d In th e case of a county highway shall be • county charge and paid In th e same man- of. the entire coot of such construction-or op' corporation -enter upfra o r construct Improvement shall be paid in the first tar, an y works in o r upon any such highway, stance by the state an d th e share of th e except upon the approval, of, an d under interest and sinking fund shall he charged | such conditions and regulations as may annually against the county an d town or : bo prescribed b y th e commission, not - towns in which suoh highway is located j withstanding an y consent . o r franchise In th e same manner an d with th o eame 1 granteij.by th e town superintendent o r effect as though th e resolution ha d orlgi- ' municipal authorities of an y town? Any nally requested suc h payment and charge. t parson, firm o r corporation violating this Th e adoption of a resolution modifying ( sectio n shall b e liable to a fine o f on e too method of payment of th e share of t thousand dollars for each da y of such the county an d town or towns shall not violation, t o .be recovered b y th e commls- ' affect o r change th e date of the filing of »i 0 n and paid to th e stat e treasurer t o the original resolution providing fo r th e | th o credit of th e fund for th e mainto- construction o r improvement of auph . nance an d repair o'f state an d county highway nor alter lh an y way th e order | jilghways, and may also b e removed of construction determined by the doto o f therefrom as a trespasser by the commls- the filing of the original resolution, , Bl o n up p n petition to th e county court of I ML Divfiasa of cost of county high- th e county o r th e supreme cpurt of th o ways--,, paymenja \by county treasurer.— state, t Whenever Jhe\ ^instruction or improve- } iff. Where cost Is assessable against ment et^-rasBWiy highway o r sectlpn . abutting ownere.-If fifteen per centum o f thereof under 4 contract shall b o com - ; th 0 cojt of constructing o r Improving a pleted an d final payment therefor shall highwa y has been o r may b e assessed have been made the commission shall upon ^butting owners, a a authorlxed by prepare a statement of tho cost of such ; -BO tion te n of chapter on e hundred an d construction or improvement, including fifteen of th e laws of eighteen hundred engineering expenses, inspection an d all | ana ninety-eight, as th e same existed charges and expenses properly chargeable , prior t o fa repeal by chapter four huh - thereto. showing tn detail the date of each payment, an d the purpose an d amount of such payment. Such payments shall be grouped as for as practicable by dates and -the total thus obtained shall be deem- ed the cost of such construction or im - provement, and a certified copy of said statement shall be filed by th e commis- sion inthe office of the comptroller. If a ' jjcle. dred an d sixty-eight of th e laws of nine- teen hundred and six, such highway shall be constructed or improved a t th e Joint expense of th e state, county and town as provided herein, an d th e portion of th e cost s o assessable upon such owners shall bo paid by the town in.whic h suoh high- way i s located, a a provided i n this ar - county highway or section thereof s o con- structed o r Improved shall be situate i n two or more towns -or i n tw o or more counties, th e commission shall apportion such expense t o such towns an d counties according t o the cost of such construction ' o r improvement In each of such towns or counties. Such statement when audited and approved b y the comptroller shall be filed In hi s office and shall be final. , an d a duplicate thereof shall be filed with the county treasurer of each county where- in the highway or section thereof has been _,.— _ — . ' improved. If th e board of supervisors of contract executed b y th e commission; th a .*\J^^^^T^^ZrZZZ. *\ *\\ an d county shall have theretofore provid- amouni t o be expended shall no t excee d K^,?^ 1\^\^ \SlT^\?*! « * «\>*»_!» ^L^l.^Lf?'^?.'. ?.! ; of th e commission an d as may be J***'* por M other county charges up0 T[^^^S^J^JtJ^SS^^Si » »* 8*** a « a C0Dn ty highways in vll - I ltt . Acquisition of lands for right of way an d other purposes.—If a state or county highway, proposed to b e con- structed o r improved as provided In this article, shall deviate from th e line of a highway already existing, th e board of supervisors of th e county where such highway ia located, shall acquire land for the requisite right of way prior t o th e actual commencement o f th e work of con-, etruction. Th e hoard of supervisors may also acquire lands for th e purpose of ob - taining gravel, stone o r other material, whe n required for th e construction, im && ?• »• of - auchiconhtyv 7*&%r£^ 'afOotS have befca completed and_ filed Jg^SSg Sal l&tment to which.• **«. fl j£SLJ? awpeafrthe couA *hatf/?nten^#a« * Otherwise It may-refer f%*m *W Y^iaidcommissionera tot 'Mr shaU Sac*^ tha»«ld-^ 1 9 to J ? # n 2 t l. s X SI^Li :of?#atti : «rid county highway* each year atpn .or* correction; j^nd'^e*^^ o f fifty dollars fo r each mile o r the original estimate, unless such estimate shall have been duly amended by tha commission and, tn th e case of a county , highway, submitted t o th e board of su- pervisors for its approval. I t a supple- 1 mental contract b e executed by th e com - 1 mission for th e performance of work o r 1 furnishing of material not provided for in j the original contract, th e amount t o b e I charged thereunder for an y such work o r «m?^SS^O^SM a .Z 1UaB ? In , th0 «>»* of such county highway as thus de - same manner as outside thereof, unless tonnined, for each one thousand dollars the street through whtnh It runs has. In or M8eBS8 a valuation of real and personal toe opinion Of the commission, been s o property liable to taxation In said county Improved or paved a s t o form a continu- » f 0 ,*X«. h mile of nubile highwa y within aloh or correction the same;proceedinga shall fee fottci) as are heretohefore provjia- Mgd for. and the commissioner* ah|W I n jhe a&me manner mako renewed, application for th e confirmation of suc h rejjort, &n a the court Uhall thereupon confiriH et jfla* ter back th e said report, an d suoh TW? ceedlriga shall h o repeated nntil a Teport ahall b e presented SrhicS shall be conflrnt- ad, fey ^ie. aald court. ' . ' 1153, County treasurer to pay awardo.'r Withih al x months after th e report Of sai d cornmisslonera shall b6, confirmed a a aforesaid, th e county treasurer df such county shall pa y to th e persona named therein the amounts awarded t o theni fo r damages with six' jpeir centum Interest therebn from th e da y of th e cormrmatlon of-said report. Such amounts with m'tef- est and th e amount s paid to pursuance of this article shall b e a county charge and shall be paid by*the county t/ea!s> urer, i n case of purchase Troon requlsj*- Hon of the .chairman o f th e board of \s$t- pervisora of said county, o r b y any mem- ber or committee thereof designated-'Mtois tha t purpose b y said 'board an d bs Case of a petition fo r th e acquisition o f stich lands, upon service of a certified copy oof the order confirming' such awards. * In' case the^e are unknown owners,*to whom th e award la made In 'said report, the said county treasurer shall deposit tbo amount s awarded t o thein with like inter- eat to some trust company o r bant: i n suoh manner as - the said court shall to th e order of confirmation direct, such amount to b e paid ou t upon th e applica- tion of said .unknown owners when dis- covered. From th e date of th e confirma- tion of such.report b y the' order of the said court th e title of air the lands there- i n designated shall vest In said county for th e purposes of a highway forever. - I 161 Costs; commissioners' tees.—In al l coses of assessment of damages b y com- missioners appointed b y the court, th e costs thereof shall be a county charge i n th e first Instance, an d be paid by th e county treasurer as hereinbefore provid- ed, except when reassessment of dam- ages shall be had o n th e application of the party to r whom damages were as- sessed, an d such damages shall no t be increased o n such reassessment, the costs shall b e paid by th e party applying for the reassessment, an d when application shall be made by two or more persons fo r reassessment of damages all persons who may be liable tor costs under this sec- tion ahall b e liable In proportion to th e amount of damages respectively assessed to them by the first assessment, an d may be recovered b y action. Each commis - sioner appointed b y th e court as provided in this article for each full da y neces- sarily employed as such, shall be entitled to th e su m of si x dollars an d bi s neces- sary expenses. Tho amount of compensa- tion to which such commissioners ar e en- titled shall be determined by the court in which th e proceeding l a pending, upon verified account* presented b y suc h com- missioners, stating in detail th e number of hours necessarily employed In th e dis- charge of their duties, an d th e nature o f the services rendered. Th e audit and de - termination of the courts as to th e amount justly du e shall be' final. 1155. Lan d may b e sold or leased; dispo- sition of proceeds.—Any lands acquired purchase o r condemnation, for th e or oth- i4Ss6r*\ Not more tha n ton pe r centum of.-the\ atobunt so appropriated each year 4n*y $e reserved by the, commission for thfe, !r*$Blr; o r rebuilding- o f a state of connty highway whic h shall at any time be damaged o r destroyed by th e elements or/, otherwise, which shall be paid b y th e stat e treasurer upon th e warrant of th e comptroller drawn' upon th e requisition o f the\ commission Issued when required for inch purposes, ^§ $2$ Cost to town tor maintenance of state and county highways.—Bach town shall; pay for the maintenanc e and repair ous an d improved highway of sufficient permanence aa not to warrant Its recon- struction, In which caoe such highwa y shall ho constructed or improved to th e place where such paved or improved street begins. If It Is desired to con - to r eac h mll o o f public, highwa y suoh county to b e ascertained and deter- mined b y dividing the total assessed .val- uation of taxable property in said coijnty as equalised for state purposes by th e total mileage of highways In said county, exclusive of th o streets an d highways —T\U - i — u-11 '«»» ~*««.A fh« rat* fo r »M««»«. »«>«««•- u M. » ucmiw w» wjj- exclusive 01 tn o streets an u aiawn^tm Ae - *_!- Bec tioi ^^inS \worfor * nSterLu* wa» !^^ 1 ?.E^^ y .^ r ^°I,f, » te !! , «!^,W*?&&&L&L2 SPSKJ5 ! no t exceed toe provamont or maintenance o f highways. . . . . „ or fo r apon banks, together with a right I byjpurchase o r oondemnation, ! of way t o suoh spoil bank s an d t o any ! Purpose of obtaining gravel, stono bed, pit, quafry, o r other place where I er materials, tor the construction such gravel, stone o r ether material may be located. I 143. Purchase of lands—The board of supervisors may, b y resolution, authorize its chairman, a member, or a committee to purchase th e lands t o be acquired fo r the purposes specified In th e preceding section.. Bu t th e amount to b e paid un maintenance of highways improved o r constructed as provided In this article, o r required for spoil banks, may b e sold o r leased by th e board of supervisors o f any county, when n o longer needed fo r any of such purposes. Th e proceeds thereof shaU be paid into th e county treasury 1 highways in villages.—Any portion of major fraction o f a mile of th e total mile- age 0? State an d county highways within tfe» town . O n or before th e flrst v da y o f November ta e ^° h year th e commission shall transmit to th e clerk of th e board of.aupervisprB! of eac h county, an d to th e connty clerk thereof, a statement speci- fying th e number of mites of state an d county.highways j n each tow n to such, gpuhty and the, amount vrbf/sh .each 0 * suc h towns is required to pay Into th a connt y tteasury o n account off th e main- tenance o< stat e an d county highways . Jhe \board of supervisors shall cause th e amount to b e .paid b y each town of th e cotoitX,4p b e assessed, levied, and collect- e d therein lq th e same manner as other fowji-..eharge8,' and suc h amount when collected ahan h e paid into th e county treasury, , t o th e credit of th e fond fo r -th%.-maintenance of B tato an d county Wgnipa'ya/to th e several towns o f the (Spunty. ;' • 8. ITS, . I?labursement of maintenance fdndSi—The amount apportioned by the commission for th e ntotatenance and re - pair of ajate arid connty highways to each toifat, together with th e amount paid py. e^ach. town therefor shall be expended tor the repair an d maintenance o f such highways i n suc h town. The county treasurer shall pa y pu t th e moneys re - ceived by Into as provided i n this article upon fife \vrrltten order of the commission. Snoh order shall b e issued upon vouchers duly presented t o th e commission in the for m t o be prescribed by them. The com - mission ma^ adopt rules an d regulations providing for th e presentation an d pay- ment o f accounts 'for maintenance and re - pair. S 174. Reports o f county treasurer.—The count y treasurer shall report to- the com- mission monthly o r oftener, if required by th e commission, th e amount received by him o n account o f the maintenanc e and repair of stat e an d county highways in th e several: towns i n his county an d the expenditures made by him ou t o f such moneys . .The form an d contents o f suc h report shall b e prescribed b y th a commission. I 17B- Compensation o f town superin, tendents.—If a tow n superintendent shall ! be dlrecteflhy the commission to perform services i n respect to th e .maintenance and repair o f stat e an d county highways within his tow n his compensation there- for shall -be paid ou t of th e moneys set apart as provided in this article for suc h maintenanc e and repair. Such compensa- tion shall b e fixed b y th e commission bu t shall to no case exceed th e amount fixed by th e town board as compensation to r his service* performed for th e town un- der this chapter, an d in rendering hi s monthly bill to th e supervisor, an d hia annual bill to th e town board, n o charge shall b e made against th e town fo r an expense o r pe r diem charge upon any date for which an audit shall have been allowed by th e stat e commission. And said stato commission shall make proper rules an d regulations to carry into effect this provision an d t o furnish t o th e town board prior t o th e annual audit day du e information as t o th e dates, compensa- tion an d expenses allowed by them to said town superintendent from th e stat e repair fund. S 176. Liability of state fo r damages.— The stato shall no t b e liable for damages suffered b y any person from defects In state an d county highways , bu t th e lia- bility for such damages shall remain aa now provided b y law. notwithstanding th a construction or Improvement an d main- tenance of such highways b y th e state* under this chapter. S 177. Maintenance of stat e an d county; and shall be retained therein as a sepa- whlc h simila r agreed t o ^ a LrrSSed°or S^ , orcou'ftty highwa y within such village^ ! aaVr«,unV.\a7»¥V.th\ e Wd o f super - j SSL\*^\ Tpprov^Vtte co^Vdge I constructed under this article. ,1!^^\-^™. ' *. •«*» sreaV than, that provldedfor In ^sora of w county, shall have thereto- | ]*»• SaS^rSam^e^^^^cS ' . * ^Application o f provisiona of der this, section t o a single owner shall ' ^^ r . un . a available for th e construction am- 0 f two hundred doi- * or maintenance of highways Improved or sum o r two nunarea aoi j conslruoted ^^r mB article. labor PTVr^dei^luV^PPl^memai '• *Z'*$*P*? ^sP^fic^onTtorreforr o r , rore'proviSS f^STto'pay.\o*n\eha«Tf . ^^^0^00^^X01^ toe \s^To? • .aw.-The provision, of section three o f tract was awarded ^/Wg™*. «».»*!?«^ «* . .-,.w ,.- „. —«„» - „w^ „„- contract shall not b e binding cations Is desired by whioh the cost there- ' such improved\ highway as thus deter- dollars. The purchase price the labor law. a s amended by chapter five hundred and si x of tho laws of nineteen W u^»w k ^~.--- \-——-- cations; i s aesirca oy wmon tne cost mere- guch improvea nigoway as uius UDUH- . -. . . . ... . cuntv eharee I \ U \\\ 5U **\\ — •\• \* \-\ a «••\» »» \\\\»» approved by toe commission to case of » of fjJ ihae ^ k ^ tno boapd of t^,^ ^ ^^ for eSlcb OD . e thousand dollars of ?l/\^ n ta 1 n , a !J|S , n tL «^.« SLnn^i hundred an d six. which except from th e state highway an d to case of a county mcH ^nm™ .hull notltlnn th« <-nmmi.« n n ,.„.„„„* ™i,,ntinT. of real o r nersonal . aa& •hall be paid in th e same manner as | orovisiong OI t^ section labor narform- , . - — . - - „- ,. „_ ,_ M ~_„i , ana snail o e paia m tno umno maanor as 1 provisions of that section labor perform- state highway ana i n case 01 a ™*%\£L such village shall petition th e commission assessed valuation of real o r personal f awar(jB „„ pB j a m cases where the pro- e a w the construction, maintenance an d i highway, by the chairman of th e board 01 b reBO i u tion , t o s o modify such plans and ' property liable to taxa 00 \ ' \ *T a J ow ? , oeedlngs ore talten a s herein required. , nvait ot highways outside th e llmita o f I supervisors an d th e district or county su- .pecjflcaaonJ a * to provide for such con - ' for each mUe of pubUc highway wl Win , a ^ Petition t o acquire lands.-If the ] cltles and villages, shall apply t o th e : oerintendent. ^ . . - structlos. Th e commission shall there- said town to be ascertainett an a aeusr- board ot supervisors Is unable t o acquire ^ construction, Improvement and malnte- | 13L Award of contracts to board o t ( upon cau^ » ne plan8i speolflcotlons an d mined by adding to or deducting from th e lanfl hy purchagB „ provided tor i n th e - — — •-•-•- anervlsors or town board.-A boara or esUmatB j 0 p gucji highway t o be modified 1 total assessed value of taxaoie property 1 section, th e board may present t o ' . % — •«->- *n-i\fl tho county court of the county or t o th e 01 » «.«.\ \* —» ' -~^„i I strucaon, an d enau provide therefor i n ; poses, toe-percentage of value, a any , county highway to situated, may^ tho contract. Upon the completion o t , added or deducted b y th e state board1 of proposals an d b e awarded a contract tor | TOCh flUta 0 , ^^ mghwtty within th e ; equalisation to equalUe between counties th« construction o r improvement of sucn ^.n.^, , „ _^.»„j„ ™I.K -..-». —^•«_JI ( for g^^ purposes, an d dividing the sum the\constructlon o r improvement «•>«£\- village In accordance with such modified , . «„„.„. n , highway, as provided in this article, to r plan< an& gpecjflcations th e commission thus obtained by th e total mileage of and o n behalf of suc h county or town, u ahan nottt y UJ, 0,^,3 0 f trustees such contract b e awarded t o a \jp^^™ vlded In th e case of as pro- a county highway. publio highways in said town, exclusive of the streets and highway s within any supervisors o r a town board suoh board g^ ^^ may mtl a written pro test , incorporated city or village tn said town, =hoii h v rMoiution. designate some suit- asamat the acceptance of such work with . but no t exceeding thirty-five per centum 0 eI \ ! tha commission who shall examine In re- of th e coat for the, county and fifteen pei tne town, uucii con- • g-gct thereto, an d if it is sustained th e . centum of the cost for the town or towns, tract, and transact al l business tn respect ' cSmmiaaton .hail Oe,\a.v n>« «M»I.I»»«. r.r -- -1 K„ -,.-». -*-«»™-».» «• -*.=\ »«- feet, on behalf'of th e town, such con - u, rrapeev • commission shall delay the acceptance of • oVahown - by such statement, tt shall be 1 aa may he neceasury. A member ^ highway within the village until It be , the duty of the county treoourer to pay board of supervisora or town board I properly completed. Cpon th e proper , th e amount thereof upon th e requisition rim. , n .h **riTytiiMt tffas a-wardea or _ ,—.— *»i- --- —-- •- -- * - - at th e time such contract was awaroea or com pi et ion thereof and the notification supreme court, a t a special term thereof, to be held i n th e Judicial\department in which said county is located, a petition for the appointment of three commission- er s o f appraisal t o ascertain an d deter- mine th e compensation to be paid t o the owners of th e land to be acquired an d to all persons Interested therein. Such pe - tition shall describe the land to be ac - nance o t state an d county highways as provided in this chapter. S 157. Highways an d bridges o n Indian reservations—When an y portion of a county highway designated for improve- men t or construction in a county, as pro- vided In this article, is located o n an In - dian reservation, th e entire tjost o f th e improvement or construction of such por- tion shall be psid by the state In th e tame manner as the state's shaft of th e state or county highwa y constructed o n improved within th e limits of a n incorpo- rated village, as provided in this chapter, shall b e maintained an d kept in repair by tiie board of trustees at th e expens e Of th e village in accordance with the rules an d regulations of th e commission* under th e supervision and direction of ths> district or county superintendent § 178. State t o share expense of maln-i taming certain county roads.—Wheneveaj any county has heretofore constructed, under a general o r special law, other* than this chapter, a county road o r roads. Without expense t o th e state, th e stat» shall b e liable to annually contribute to- ward the expense of maintaining auchj road or roads fifty per centum of th a amount appropriated b y suc h county for th e maintenance of such road o r road s during th e preceding year, unless provi- sion be otherwise made fo r such main- tenance as provided in this section. Tha clerk of th e board of supervisora of m county entitled t o a contribution fron* the state toward th e maintenance of its) map shall be filed In tho offlVo of the county clerk. Such petition shall b e sign member, shall no t b e so designated, A Boara 8na n pay th e same ou t of moneys member of th e board of supervisors: o r ra i sefl b y tax or from the Issue and sale of town board at the time such designation ' - - ...-.- was made, o r a firm, corporation o r asso- ciation o t whic h h e Is a member o r has an interest, shall no t be directly o r indi- rectly interested i n an y such contract no r shall suc h member, o r such firm, corpo- ration or association furnish materials o r perform labor or services, either directly or indirectly, under o r i n connection with the performance ot any o f th e work re - quired in accordance with suc h contract, nor shall such member, firm o r corpora- tion o r association, be paid to r materials furnished pr services, rendered in respect to such contract. Th e clerk ot th e board of supervisors o r th e town clerk shall transmi t a certified copy o t th e resolution designating the person o r persons t o car - ry into effect such contract to th e com- mission, prior t o th e awarding of a con- tract to the board of supervisors or town board. Th e person or persons so desig- bonds as provided in th e village law. The provisions o f th e general village law . special village charters an d other general or -special laws relative t o th e pavement or Improvement of streets and the assess- ment an d payment of th e cost thereof shall apply, 10 fa r as may be, t o suc h additional! construction and the assess- ment and payment of the cost thereof; ' 1138, Connecting highways In villages.— The hoar* Of trustees of a village may, •by resolution, petition tha commission fo r , th e construction o r Improvement o f a i mileage of highways to be UMM! In deter- highway.to, connect streets o r highways mining th e amounts to be charged to a within the.yillage, which hav e been paved 'county .or town under this section shall or .improved* with county highways which , be th e tables of mileage formerly pro - have been heretofore built under th e pro- ' pared b y the. state engineer until th e ta - vlsiona of .Chapter on e hundred and tit- I bles as provided in this chapter ar e filed, .teen o f thelaws of eighteen hundred and S M2. County or towb may bdrrpw mon - hlhety*elghtv-: and th e acta amendatory .1 ey.-If there are not sufficient funds in improvement of such county highway, ex .cept.tne obligation to pa y th,eir propor- tionate amount of th e state tax fo r th e state's share ot th e cost o f construction. At least ten days' notice shall be given b y the commission t o th e county treasurer ' prior t o th e makin g of such a requisition. A copy of each contract providing for th e construction or improvement of a county cost of such county highway, ou t of an y ._„.--_ . , - # i - „ ~, quired with a reference to the ma p upon specific appropriation made available for , Mads under this section shall annuauyj whic h th e same Is shown which shall be th e construction or improvement of coun- ,. On of before th e first day o f January, annexed to such petition. A copy of such t y highways. Th e commission ehaH hav e ' transmit to th e state comptroller a state— exclusive supervision and control of all ! Wfent certified by him and signed ana bridges constructed or to be constructed verified by the chairman of such boaroU by the state on an y Indian reservation, stating th e amount appropriated b y the] and ma y make and enforce such reason- board of supervisors of such county fori able rules an d regulations concerning j the \maintenance of such county road 0* their use, as it shall deem necessary. j roads during th e preceding year. Tha AKTICL.E vn I comptroller shall draw hi s warrant upon; Maintenance of State an d County High.. ! the ! ** te tourer in favor o f th e trees- pose by resolution. Notice ot presents tion of such petition t o such court shall be given b y th e petitioner b y publishing suc h notice to tw o newspapers published i n such county, once in each week for two- weeks successively preceding th e da y of suc h presentation, an d also b y posting • copy of said\ notice in no t less than three public places In each town tn which ways. _ * ! ^rfr o f Biwh county, foiran amount equal Section 170. Commission to provide fo r \ \ ~ —*-- -- \-- - •» maintenance and repair. 171. Appropriations h y state; apportion- ment of moneys. im Cost to tow n fo r maintenance of - ._ . . nroftertv to T be acauired i s located, at- state and county highways. highway, an d th e plans and specUlcatlona ?™V or W Jg ™> preceding th e da y of , ™- Disbursement of maintenance funds, therefor, together with copies of certlfl- „'»*« ^Station. preeeau,b \ > ° TOy °* 174. Reports of county treasurer. cates t^ittf.™ 0 /.^ 1SSS ! J IsrCoSsionera to b e appointed.- upx>n whi^ reo^sltiras^are^draw ^ shiU i.,^,^ presentation, suoh court shall, he filed with th e county treasurer. The £%•£ 2^^ an y pe rson owning or claim- ing an interest ^to th e lands to be at * , quired who, m;ay» appear, appoint threa ; disinterested persons as,„commlsslonera. 175. Compensation of tow n superintend- ents. 176. Liability o f stat e for damages. 177. Maintenance of .state an d county highways to villages. 1(8. State to. share expense of maintain- \» thereof. Jfin Ahe Judgment of the com'- toe county.treasury ;to pay the-share ,pf . S5^ aiS^o?aM l >Sito*^tod w :• mission mm convenience requires th e th e cost o f the^^construction or improve- w *'; o & ^ Srw SrTfls to '• constroctio^orimprovement of such cdn T ! pent Of a county.highway'which i s to ba \^t mTv nreierZ.^° n .nT^n™wn«r! 2l gfey^und^rmWnTto^elu^| B iottog^g¥¥a^toe^nm5s 8 7oi\shaii \ »°\^tbe ^^^J^^E £.!£JP*ith sureties to b e approved: by caUso!plans t specifications an d eatimatea as appropriated ana* made Immediately ?H. ^m^slon^and theAboardT=of super- gZ plated\and shall cause th e same available b y th e resolution providing for ^oroo^SbbSito?ah amount 4«^; g ?*twitted to th e hoard of super- ouch construction ™J^*™m «« *?thl akosSt ot too bid presented b y th e i. visotoiOfe th e -county wherein, such high- t '«««* ?*?*£** i s a^thorixe^ _and.. #- to tne,am»jw*j«- -^jj_ undertaking shaU -, way ta-«ltu'ate,df witii a wriuen statement rected to .borrow a sufficient sum to jpay; county o r town,, sucn ^^^S^wsrform-- of^heir-m^ tor providing for such such share In anticipation of taxes to he SefrfttSS? -ZiS%^^»^^^S^A^iiZ<Ji copy'of collected toeretorandto «Mf» th e faith ap ^J^ ^fj rttv*&t ^rope^accounting^ TOlh.sWtemeni shall h e flled to the ofilce i and;. credit of the county torthe payment contract an d for to^roper^^^»£ S urt^tt^^lert^of such^county. The V toe amount when du e with Interest. 8 n fe Svf toa! S^tSftTSrUtir ?S^^perWtots;Thall thetonpoh VThef^af^ i t jteall be the* duty bf the ^n^erSmSp-'ffi undertaking uhall adopt * relptation providing for suc h board of,.^eupervlsprsKto provide for lh* E /,!^f^oac6'ottoe^HWh^ ortown con«ru«tipn o*^^ improvement aa provided , aMessment levy...and coUeetion o f said clerk tnd ? cZwt£™l*^«*m- : in^W^cW The paymen t of; the Cost t a ^^^^^J e f^Z%^f^\ Svl/2*th«/commission. Th e person o r of suc h construction or Impjovement, shall . t y and; town^eharge^and t o direct the j mitted » ^ e ^°^^ aU tnereupon bej . b e provided foj? to such resolution a a In.: payment of th e aggregate amount ty^fth persons so designatod^^tow _» ybl ? ^S^^.^ga such payment shall b e county treasurer In th a manner and a t competent to re^^^toojaeyajaya^ nSfl* w^e^Mne inanner. A certified the^ times prescribed b y law for^ to? pay- n ?^rar«c?e^andS shaU^unt Sofiioh solution shall bo filed In^ men t of state taxea. to toe: state^ treasurer £ £$* to ? toe «iaF«to*£^. Tha thi^ofllca of fr* commissldn, JThe con - J •Opon toe. petition of th e town board of S°o r f s^pervkors o7town board.,afte* a^o^orj^fttovenjent of su^eonnect- such contract is awarded,^,shall deslf - ing ,hi|rh*» ( IT,* Il^\^ s o\intlon\''a7b84dclng corpor*- thi*o»8!er 1% manner provided In Ttbls nate. by resoimion. «^ v^^v.»^_ iW , fci atticleiors ito» cohstructioh or improve- ment , ; ol county highways. I f It U de - aired\ to conslfuot or improve an y por- tion !ofjtooh, JSJ-:connecting highway Ota , .-.-.-- ^— T — —,,—-,-..,_-,_. width greaftlsVthan that^provided fo r to bonds ehall b e sold by. toe SUpervlgor for „„.*. v. —.-»-.— -r^r- \ A ^\ '„ „, k.Dosited. th* »iah« and speclficaUona therefor, o r not less than par and. the proceeds there-i 0 Btatement .of t* 6 J 00 * 6 ?;* 0 , ¥$%*& aSa^ficWon ot such plana!and speel- Of shdn be paid Into the. county toeasury Th^oommlsstonjhalV-*«gg to which fcationZlTdesired b y whic h th e cost | to h 0 appUed lh payment o f th e sharol>f tion o r a trust compan y wherei n the moneys : receive^' under such contract shall be deposited. Buch bank o f trust company shall, upon th e request'of th e board of supervisors or town board, maka an y town, tho ; board o f supervisors of th e il then be taken u p In | county may, by, resolution j authorize the •\ \ • ; \\ town to borrow a! sufftcieht «um .to pay the share of th e cost o f th e construction or improvement o t a. County hjgbwa y Which is, to be-borne by th e town aud;to Issue and sell town bond s therefore- Such :l A^lncasS a r «conto^sl?nershail aTany^ ^^l^^f^^J™^ 3 :, Kf ,,„„ M1 , time decline to serve, o r shaU *e, o r for ; , re V15 DrmWlnsr: J*™*** 1 ° * ««* ana &*S^S!^3S^tS^i - Seffion J? 0. Conmusslon to provide fo r amu^^efla^term' may^upon^mHar ; maintenance an d repair.-The mainte- sunlla r special term , may, upon simuar , W|!6 ^ j^pair of stote and count y highways, exclusive however of th e coft of maintaihing and repairing bridges hav- ing a span o f five feet o r over, shall b e under th e direct, supervision an d control of th e OTmmission an d IheV shall b e re - Bpdn|ibre therefor. The commission shall court ma y prescribe, appoint another per- son, similarly'qualified, t o fill th e vacan- cy caused thereby. , .•.'\.\ S 162,, Duties; of\/ commissioners. '*• The said commissioners shal^ take the oath o f office prescribed -by;\ the constitution, which oath.shal l b e filed in th e ofllce of the county, clerk -of- th e county. Th e commissioners shall, with all reasonable have-the power 1. TS'la'dpt proper rules and regulation* therefor and th e work STBOH b e performed by ti^e town o r th e district Or county suV latlons. prescribe the maimer the moneys received' under suCu *«!,*»*«*•-, %MW*^W» f*««*. -•« ww*^—»w*?, w**^ ^ V »-M »*- , ,>-r-^.* ,,/.«.^u ^3- %.u w^ uwuc wj- puvu ahali ba exoended and the forms of-ac* trustees of ith« villago shall proceed as| to town. Th e board of suparvisbrs shall. toJmoneVa receive d un|er subcontract- ihereof wpi b e tooreaseo.^ too board ; o f [ ^^ *co g ^l?h ^ to b e born e by Siloh couuto^be^ 1 '. . f\_^ ti.-.; : „-.rf^-^ an. nr.Htfl/'.tlnn nft thn ntana: an d nneclfloa- I able property of the town, a tax sufficient ' \&•> r*,\;r. w«!-^^\bo. fu»* < n»¥w. eons designated a s 'd^ve , P«^drt, Bar ports ma y be required b y the^COnm^satoa from time to *no from such person o » persons. ' . . -a^-' ^** . .si. SuspenstOD of work under cen- •tr.ict; c'ompletioi) fey commission.— -it to* division engineer, shall detetfflto* that th* work upon 8^5*. Contract for the Construc- tion or improvement of a, state o r county highway is, ne t being perform«A accord- ing to. th e contract or fof th $ best Inter- ests ef\ the stale, he shall «P <srtify to the commission and the colftmissldn trdJF stBraend.'or atop tn e work, under.t*t». cop- tract whila It is i n pro|tresi». an d snail thereupon, corhplete. th* ' Worj? in suc h manner a s WfU accord with, ihe contract ««clficaJoni x _and i he for\ the best |ati|f- oodmcatloa of th e plan s an d epeefflea- ^ - . —~ - --v-i' rsr —*: ibn^aa \Will provide for ouch desired to P?T the principal and interest of such coSruction. The proviaions of th e pref honda'as they shall becomo duo. .' -. ceding aection ahail apply i n liko, maopcr * i«- Payments frofti stato ^treasury,-^If ^^th« con^ecang highwa y t o b e con- the resolution of the board of supervisors. s^uetoa or tmproved as provided in this^ [ J^^L l° J . tho constructibn o r tin-- teedtsa. « yi uuu» a i««pra aimh w*ui au reasonable ( perlntondents as therein provided and to dUigehce,-proceed to examin e st^ch high- | ca8)s 'the commission i s unable to thus, se - cure th e proper perfbr^ssnco l of said work they«hal! hav e the power 7 to contract fo r any-necessar y repair ited likewise: to pro - Vide \fpr\the l -dUe supervision o f said work. 2. To purchase materials for such main- tenance and' repair, arid ; contract fo r th a delivery therepf at convenient Intervals alon g such-bighwaya. * S. To provide, tor a system of patrol o f suc h highways, or. adopt Such other sys- tem as may seem expedient so that eac h 'Section o f such highways shall b e under constant observation; and b e effectively and economically preserved, maintained and repaired. .-.-r-,' . • •„ • 1 i I7L Appropriations by state; appor- tionment of .m6neyB.—There aha!} be an- nually appropriated fo r toe thaihtehance- Jand repair of state an d county highways ah amount sufficient t o provide tiierefor, based upon th e estimates prepared -and submitted b y th e commission to the legis- lature as provided in section twehty-ona tit thin j»hn>>t«i- **~* »—- -• - - ^ ways and land s to be acquired an d may enter'Upon such lands for such purpose.. Said commissioners shall cause a notice to bo published in two suc h .newspapers as aforesaid, once eac h week for. two weeks successively next preceding th e .day o f meeting mentioned i n such notice, that at a stated tune.and,place within such county they will meet'tor th?\ PUK- pose o f hearing th e parties claiming an 'Interest Jn the damages to be awarded j for the lands to b e taken fo r auoh hlgh- ways. Said»notice shall alio state the fact that a map or maps abbwin? the land to'be acqnlred has been flled i n th e county clerk's; office. At toe time and place o f said meetihg an d at an|? »d - Journment thereof, which said commls - slonerB shall publicly make, they shall hear th e proof* and allegations of aU in - terested parties, They may adjourn, the proceeiHnga heforo toem from time t o time, issue subpoenas or administer oatha to 4fty pe r centum o f th e amoun t so ap- prpprlated , Such money shall be applica- ble to th e repair and permanent Improve- ment of such' county- road o r roads, and shall b e expended in the' same manner -as' mone y appropriated by th e county for euoh purpose. The sum paid b y th e stat e to- any count y by virtue o f this section shall-not exceed, in any on e year, one- tenth\ o f on e pe r centum Of th e taxabl e property of such county. The commis- sion may at any time inspect sucn coun- ty roads and\ i f they determine that they are of sufficient importance and are prop- ferly, constructed, they shall make an or-i der directing that Buch county roads be-l come s ;par f o f th e system o f county* highways to such county, an d thereafter such -roads* shall b e maintained as county highways In th e manner provided in thiir article, an d th e state shall cease t o con- v tribute for the maintenance thereof a» provided to this section. Suc h order shall' be>served upon'the chairman o f toe bbaroY -of-supervisor*'and a certiflea^sopy there- of shall b e filedin toe office of the coun*' ty clerk and one i n the office of th e state comptroller; -->'•\• #!%?& Sprthkiing: removal o f filth and ftref%«.*-tUpoB petition eftrned b y a major- f ity -of- the' texpayera owning property 1 abutting nppii'an improved Btate. o r coun - ty highway a^ d filed with the tov/n clerki the-town oojira may se t aside any sec- tion, of such'highway outside o f a village aiid-Aontracirfor toe •prinkuhg of3tha roadbed wito^ator-and also contract fo* the removal o f fllth and refuse therefrom. No ^uch coatiract ahaa: b e entered into unlesa .previousiy approved by the county •mperlntendeM The amount o f any such contract so entered into shall b e assessed \upon th e property abutting upon such' section l a tU6'proportion which.the front- ! age of eaebr: parcel toereof bears to to* length of &vs section exclusive of inter- secting higbWavB. Such assessmen t shall . bejmade; levied and collected to the sama general manner, an d a t th e same time and by th e same Officers as th e town taxes of said town' are assessed, levied and collected?* » .,. . > ' * &RTtciJs ym: laying 0tt^ AHerin^^ and _piscontInuing ^ -#\* -—wjft— fei ' If\'. tig* f. r *i. #• ' -A . &-' If ..• 4-, *> writing m all oral *yiden?e' slven before , „„ .wuu™ o y tn e commission then* ' •S^eW i 4hwreaf4» T :moto^j* W |i. year among the counties^d' too Sign a report to writlngv In which they several towna therein to accorann^ with shall assess, oUow and atato tho amount | the proportion which the amount to be ot damasTis to b e sustained b y thb own- I apportioned bears to th o totol amount o f Crs o f th e several lots, pieces or parcels. 1 sgeh. estimates. Th e Gpmpirotfcr unon of land to ho token for. !th« - purpose.?.f the, renuisitiati of th e CBmmission ahall aforesaid. 'Buch report «&?>\ ,-3ionhH'ft_the ,\ draw hi s warrant -upon toe state'traas- provement Of a county highway o r eecr «*t*r»aantotl«ri to provide for raising i «°n thereof request the payment -by toe JffiS5»*S»WS the'board o? \ ™r*J$» « ***** ?«• ** **** aupervtsors «*«*^-^*..* , «L , ^ 1 , ffife ttoh-flr Jmprovensent of 6. county highway 4?r section thereof Bijaii «»hcr ' L Ahnroprlato and, Thalie imm^alately .... „ _„ ^ v tviilable t o th e reauisiuoo -of to* com- ; i moMvrto ~ t \\'^„rr.ko^«^ , ''^ M '^AV * wi z^h undiscovered P-artie^, *n$ert..toe-\w V Tds , <ui iho; iowfts in such-.county, the Th«15M^!»h^ffltt . „»_..«-, . -- - - - ^ _•-,• i, j.^ 1 uii+i in tuso wis commissioners -are-,un- j highways aro located, to r i»n T rtmXijn* >«*ruwa copi? a offiuch resolution with ^ £ ^0^ th o nnroe^ o f tuch-ojya- **ob shall no t be~m\tccs 3 of thFrV^i •«\ ' ***\ nS Y to,pidc*'.of m names; *i, «»t»S1 y #^ 0 S i?^T °J. F 5!'-.. 2 ^-J?? £\\ -? D .\ ??* finch undlscftvcrfil cirtlp S in^c-rt.t.h^-wor.^. J nil «h ~ -*„.£.- ,S^-S ^ a >-™niM»n to share or f#tt cOst if suph constrtfetibn or Iroprovement whic h ia- to he boruw'by the: coonty. add town or to*aa mtW» S»itcjx • s i T 1 !* 1 *??^' Ti t% * oyi » ?f lwta ^ haU *»- ^posited t»y th e to« csmntrniW~5i,S^\ ^\rtX ] said cp»mls.$Wner* ehaH file the!,? sa(d ^ chunty.treasurer to the-credit-of the fund JKm^^'SL^S!?-- np 23? ^ e -^V *•**«««•. , n e.»^ -ft* «w minutes o f their to r to 9 watotfetowtu of \state Sd^oSSy i ways — -* county clerk {highwar.^in toe^ra towaa 0 f^a i M, 1*^* ou t mgh*«w *** ^^;^s^i^^i^^^^^^it Hf -,, hi . i,,^. „ --« r-,~-\Z\ *«v=«»w« 9 i \\.•' ,.\ tiBghtfeyB; Privater^Boads. ™ n r»m ^ P rt,^ ffei f Ultttt \»«r Per 1 SecSe/Sl Survey fo r th e laytoS ou t ot centum o f toe amount so-appropriato d I a hl^way. SU* 5L\ I ?!2!S , *2. by * he :^«»«is S ion | •Jn-.'^ma^Vf dedication, ; 1S2. Application. / Kl A|>piication for condemnation com- mi\'s9lon'er*r. \' • •••-*-- .- . - ISt Appointment of condemnation oom« mt!sston?r» and^hei r autiea. • , . m. Notice o f meeting. • M§. Oeciston of cosdetonatioa Blo'«?rs in faver of appltoatfon. . l# Pomagea In certain cases, tiinate'd! - ' - -: . • ,j I§< T)eMslrJ» Of eohflfjnnatloa I Bl«tn?rs licrtjrtrrg' application. • 1^5.\ Motion to coniifTOi. *ac try. ' 20*. i.itottatioBs upon layir. to •ii—P* ** *- II tng-grounda. „-*-!.' 102; Costs, by whom p»3«. 203, Damage* assessed ana costs to b e audited. i9t . Wi«3» omCera of different towns dla- i^e#f»a«Bit*lghw»>y. -, -•. - 3B§, JMW«r*nee -about improvements. \J06.°SiBhway to two o r more towns. 807. Ikying out, dividing and maintain- ing highway upon town line. 208. Fina l determination, how carried »»t. 309. Highways by use. 210. Fences to be removed, 211. Private road. 212. Jury to determine necessity and aa- aess damages. £3. Copy application an d notice deliv- ered to applicant. 2X4. Copy and notice to b e served. J85; X4st of Jurors. 216. Names struck oft 21T. Plac e of meeting 218. Jury to determine and assess dam- ages. 219. Their verdict. 220. Value of highway discontinued. 2a. Papers to be recorded In town clerk's office. 222. Damages to b e paid before opening th e road. 223. Fees of offleera. 221. Motion to confirm, vacate or mod- ify. 223. Costs of ne w hearing. 226. Fo r what purpose private road to boused . 227. Highways or roads along division lines, 228. Adjournments. 229. Widening roads, petition. 220. Powers and duties ot commission- ers. 231. Notice of decision t o supervisora 232. Widening, ho w constructed. 233. Actions to compel widening, bo w af- fected by petition. 234. Highways abandoned. 235. Highways In lands acquired by th e United States, for fortification purposes, deemed abandoned. 23S. Discontinuance of highway. 237. Description to be recorded. 238. Damages caused by discontinuance. 239. Papers, where filed. 240. Costs of motion. 5 190. Survey for th e laying out of a highway. — Whenever th e town superin- tendent shall lay oa t any highway, either upon application to hi m o r otherwise, h e ahall notify the district or county super- intendent, whose doty it shall b s to either make a survey, or cause th e same to be made, an d th e town supestatendent shall incorporate the survey in a n order to be signed b y him. an d t o be filed and re- corded in th e office of th e town clerk, who shall note th e time of recording tb e same. ( 191. Highways by dedication.—'When- ever land Is dedicated to a town for high- wa y purposes therein, the town superin- tendent ma y with the consent of th e town board, either with or without a written application therefor, and without expense to the town, make an order laying out such highway, upon filing an d recording !n the town clerk's office with such order release of the land from th e owner thereof. A highwa y so laid ou t must no t be less than tw o rods in width. Section two hundred does no t apply t o a highwa y by dedication. Such tow n superintendent may also, upon written application and with th e written consent of too town board, make an order laying put or alter- ,ng a highway, or discontinuing a high- way, which ha s become useless since It was laid out, upon filing and recording in th e town clerk's ofilce, with such appli- cation, consent and order, a release from all damages from th e owners of land s taken or affected ^hereby, when the con- sideration for each release, a s agreed upon between such town superintendent, and owner or owners, shall no t in an y one case, from an y on e claimant, exceed one hundred dollars, an d from all claim- ants five hundred dollars. A n order of th e town superintendent, as herein pro- vided, shall be final. S 192. Application.—Any person or cor- poration assessable to r highway taxes may make written application t o the town superintendent of th e town In whioh h e or i t ahan reside, or i s assessable, to alter o r discontinue a highway, or to lay out a ne w high-way. i 193. Application for condemnation com- missioner*,—Whenever the land is no t dedicated to tha town for highway pur- poses, an d not released a s herein provld- ' ed , th e applicant shall, within thirty day* after presenting toe application to the town superintendent, an d after a t least -ifive days ' notice t o said town superin- * tendent of th e time and place of the ap - plication t o the county court. In this sec- tion provided for, by verified petition showing\ th e applicant's right to so pre- sent th e same , and that such application lias been i n good faith presented, and if the county Judge require o n such notice to suc h parties interested a s he shai: di- rect, apply t o th e county court of tne county where such highway shall be. for the-appointment of three commissioners to datermina upon th e necessity of su<-h highway proposed to be laid out or al- tered, .or to the uselessness of the high- way proposed- Jo be discontinued and 10 assess th e damages by reason of laving out, opening, altering or discontinuing. Such highway. Such application snail ba accompanied b y th e written undertaking St the applicant executed by one or mure •§areUe8, approved by the county Judge, to tb e effect that if th e commissioners ap- pointed determine that th e proposed nigh- Way o r alteration ia not necessary or that th e highway proposed to bo cKscoi.- tinued ^ s no t useless, th e surt-ues w:.; pay to the commissioners their comprnsa- tlo n at th e rate of four dollars f< r each day necessarily spent and al l costs and expanses necessarily incurred In the per- formance of their duties, whic h amount Shall no t exceed th e sum of on e hundred collars. 5 194. Appointment of condemnation commissioners, and their duties.—Upon the presentation ot snob petition, th e county court must appoint three disinter- ested freeholders, who shall not b e name d by any person Interested i n the proceed- ings, who shall be residents o f th e coun- ty, bu t no t of toe town wherein th e highway is located,, and who ^fliall no t b e related b y consanguinity o r affinity with- i n th e sixth degree t o toe applicant o r t o any .person interested i n th e proceeding or t o th e owner of an y lands t o b e taken or affected b y th e laying out , alteration or discontinuance o f a highway, as com- missioners t o determine the. questions mentioned In th e last section. They shall take the constitutional oath ot office, an d appoint a time an d place a t which they shall al l meet t o hear toe town superin- tenden t and supervisor.,of the town where such, highway i s situated, an d others in- terested thereto- The y shall personally examine th e highway described in tb e ap- plication, hear any! reason s tha t ma y be offered tor o r against-the laying out, al- tering or discontinuing o f the highway, and assess ail.damage s by reason thereof. They may adjourn the proceedings be- fore them, fro m time to time, issue sub- poenas an d administer oaths to suc h pro- ceedings, an d they shall keep minute s of their proceedings, and shall reduce to writing all oral evidence give n before them upon th e subject o f th e assessment of damages. They shall make duplicate certificates of their decision, an d shall fileS'one in th e town clerk's office of th e town, an d th e other, with such minutes and evidence, to th e county clerk's office of th e count y i n which' the highway o r proposed, highway i s located. •|; 135., Notice of meetingv r -1!he applicant •hall cause, at least eight days'preiious, writte n or printed noftpe* to fflb pasted up In no t les s than three public places i n the town specifying, as near as may be, the highway proposed to he'Jald ojst, al - tered o r discontinued, tfc& tra&ts 6 r par- cels of land through, which It runs, arid the time an d place o f Bra me§tlns, of .the commissioners appointed ,b^ the .county COhrt to examine the -hiSh\Wiy as men- \ tloned to th e last section..-. Such' netic e iihail also, in like time, bet-personally . geri'&A on thS owner and occupant lOf-the land, i f tflsey reside tn the: town, -or b y leaving th e same a t their residence with ft person o f matur e age; if they do not: Jf**ifte to toe eanie town; o r service can - \ * b e made, a iCQpy of \.such notice snail-. iJfed t o audi owner and occupant, poat-OffiCe suwrfesa'-4ft !kndTV-h .in.\ iTicant o r «scertalnafele .by.'bun sonstble toojjlry, petfUoo *f condemna'tlQn eom- to favor o f «ppPeatioTwtf 'a - \ the! comrniMionerit appointed ,ty •court ahali determine \thai of alteration applied let i s tha| £a e highway proposes! I to b e discontinued U , assess all damages wf , qulr-.-d ic, bt assessed , and make dapUcaie ( off.et if the pciltion I out of a highway^ 1 6hall also lr., :ude w hal tl.e pre tjab.e costl lng out aud c >u.i.l> tir.g f way. In their ;;''.ni\-ij evidence given b»lor>- j lngs I § 197 T'amip-s In c<-rt| timaTtvi T' - ••» it-r ! bounds of a ^.!e' «,• enclose ti.<- R;I::.- ;I: 1 Use thereof *r.<1 U n tberefr.-u. .T.a^ !*• ck-rtt ment ^f dam iKts cauj out ot H hlgt.uay throu in plai e of the dlscont § '.'& I>erlslon Of ir.ipsi.»ners denying ap] Jorny of the comrr.ls'l'j the county court shal: proposed highway necessary, or thRt ,v »l to be discontinue^ •> shall make duplicnte efiect. Th e costs ar-1 ly Incurred by p-i'-h co l proceedings ehM: be r| duplicate certiorates firmation of su- h rieJ amount of eu< h cr*v a | the county court, su not exceeding <r,e 1 jd be payable by the a:b| 8 199. Motion to conllf ify — Within t.Ur-y sion of t*-e <•-•\-\ been fed 1r t K ^ •* [ person ir'e—p-. ; i- 8pr lv *° tv e r- .-M rrlspionet-p fo»- - - -d l caMn^ f-r rr- 4 *'' such co-irt my i-*>-f-r ify such rterlsi -n ' * C-lted the ~c.;Tf -ri ft v \V.g o f tV, e ,-TV-t--, other commiss' Is made the d— • erp shall be dee-ne^ shall be brought ot. papers upon adverse ceedlng. according to, tice of the court in proceedings pending- tlj clslon of the county excepting tnat a new dered a s herein prov that any suoh declslo# on appeai upon yuebtif diction, and runngs a| and taken upon the commissioners if thl adverse to the applies; cation for laying ou tinulng the same nipt within two years. § 8)0. Limliatioi.s u? ways.—No highways than three rods in »id! orchard of the growl more, or any garder. for four yeaj-s or yards of one -jr morel used in g'.>od fal-.h f„r| or buildings or any for the purp-'ses of tures. or ar.y > ard or to the use and enjoy out the consent of tt thereof, unless s.. court of the ecur-.ty | posed highway !s si| shall be made on tb town superlr.ter.oe:.! o l In which the prop -s| uated. sh->wlr.g t:.at Will be gre.v.;.. p.- e»ut and Lfenirg ot that comnnssK ners coutt' ! 'havc cert'.ried a copy of the cerur.c notice of the tinie ing before the -OJI| served on the o^v T,O they are nut i-s'ae upon tne ocr^; .ints.1 upon suct i cer - * -.at-sl other proceed.i.f;s i-ie highway to oe .a:4 deems it n«tessarv <ir superintend* nt s »der of the c,,i.r.'> cofl Cite and pri-i-'s ^,[,oa [ ed, certified by s-.i-ii late division of the si judicial departnker.: ll situated ut*«jn Lt.e usiT served upon the ow| the attorney wflu the county court if | sion of tr.e suprpr. the order of V..e • us supern.tender • i- 1 i, I | open such :..g w The provlsio: ?, r i\§ api>;y to vltie;. ^r.; e lngs. nxtureb cr--- til closer,-a. m^ If* ><r pj af'-r an a^;-.l---a-io'i , and opening the h:gh| made lr. Cose the o^* ahall or--s'lT-ite llr.u.itiun of a t, .Dl.c | ut- . &!. 3 s> a., i. -t. tl :. exc-e^ :.-. '. £ t->» r. s^perm!' • •'.-: esit.'.Mur: or c :.• nut \t sa than t: r. ,- ever, :....'. !: 1-e • p«~ r i v f '.he 1... L « .\ i ter.s.jr. ^r -.-vr.:.' * toRr. o-pt.\-: *e- 'r- cer-..: „-.t • • • ; - I^ r:: r. f s • ' ' • tify •:•,: f . • ' v--- W * Of ' £\ ^ V. li >* fa. •h, n f t .- :•'.. : t l u r s .:- t. grway pr- i .s.> ti- r.ej for p ,t. . t years of suii. dis-coi roer.t In t ., . n' :--s U|, » .-rd of \ • • mi..i' § J\. l.a^ .- s • v - l L bjrj\:r.g-gr. • J s - Nl ]::£• w a> ^- a' t-^ laiJ u;Rir or thr, •••~' i- y | !^«s *.-ie reM.o'rs ' r.rst -Tiref':•!>' rem-' lr.terr-d .- s- *\ at the expers. such rone o- ^ an order «' t-.- ty lr. whioh \ - ed upon no- .••• court may d-« - § 20? Costs, t^ «hi of assessments of eioners appointed the costs fh<\-oof town thereof, eicr f ment of damages ^ plication of the p---tJ ages were as?--' shall not be 1: •-\ ment. the C«S:F - applying f -r \ app'.lcatior. f 1 -- persons for •.' ' • a:i ;crF :.s \ ' und. r tfc'.s - •\' p..r.lo:. ' t.v., '.y ,Si - and rr.1} of ar, i'vrs • - oi:r,iT..--> -\ *~ -' ' e.-ich .I.* > - p!.a.'. be en:\ \ Decessary t X7 5 Lie t'arr.ejti-. b .1 -,A - A'.: J a~ . - « .- h rr-.f. ' ,- ^.- - cs: - F* • ' \ of • •' ' ' ', ' to ! • ' corr.:-- -- • \- er pt \- lng th-- »»-' \ '•' v Ices the •»' ~ [amour, i f-' abstract a ' • town lr. »r\' •and the r.: to the 6\ui« : • pa> t\ U'.< hlm. and .»;•! ~ , lsfy liie c.'...:k ^ § 20i! Wh- disaSrVe at- -'• -superirtteridt-: \. ' any village oi town euperir'ter.,1- town :eu!serlr.!cri-.'e| of-- any other ;, w E-irh -a ctl'.aire or of town- BUiiorl: tl cj-uh'V 'trla'tlt-'K .rii ; K 'htuhWHy '>' rx-t-:'r.\(i \i-;' i.' '!; -^ :Q. 'v : l;iai;i. oi \ '\'.' V 15'rtn r;f-J,roe(_n V- utjcj a -V::.i.T,'«te: -r. ' vpexinttodent f | -a |
