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ion, the public good requires it, to declare the same a public highway, and thereupon a plat shall be filed and recorded and the said road shall become a public highway from and after that date.
Sec. 20. The matter of laying out any private wagon road from the dwelling of any person to any public road and of condemning the lands necessary therefor, shall be the same as hereinbefore provided, excepting that the viewers of the same shall only receive compensation for one day's service, and mileage to and from their respective residence; and the petition in such cases need only be signed by such person, and the expense of viewing and surveying such road and the damages that may accrue, to any person by reason of laying out the same, and the expense of opening such road shall be paid by such petitioner.
Sec. 21. When any highway is to be altered, widened, changed or laid out, the probate clerk shall notify the overseer of the proper district, and for such notice the clerk shall receive fifty cents from the county treasury.
Sec. 22. When any public road heretofore laid out or traveled as such or hereafter to be laid out or traveled, crosses any creek or stream of water, and such stream during any part of the year
is usually fordable where such road passes the same, the said ford and the banks of the stream adjacent thereto, and the roadway or tract usually traveled leading thereto from such highway, shall be deemed and be taken to be part of such highway, and any person who shall obstruct such ford, or the road leading thereto, or shall dig down the banks of such ford, or who shall erect any dam, or any embankment or other obstruction in such stream, or wingdam or other obstruction on the banks of such stream, for the purposes of raising the water of such stream upon the said ford, so as to render the said ford impassable, or more difficult of passage than heretofore, or who shall maintain any such dam, wing-dam, embankment or obstruction heretofore erected, after being by the road overseer of the district notified to remove or abate the same, shall be liable to the same penalties hereinafter prescribed for obstructing the public highway, and no person or corporation upon any pretense or authority, shall be permitted to erect a toll bridge over any stream at or upon a public ford, or road crossing, or so near thereto, as by the abutments, embankments, or piers of such bridge, to obstruct, or render impassable the said ford, or roadway leading thereto.
Sec. 23. When any bridge is to be built, the estimated cost of which will exceed three hundred ($300.00) dollars, the work shall
be let out by contract, and the board of county commissioners shall advertise for sealed proposals for performing the work in some newspaper, published in the county where such bridge is to be built for a period of not less than three weeks: Provided, That if there is no newspaper published in the county where such bridge is to be built, the board of county commissioners shall cause to be posted up in five of the most public places in said counties such advertisement, same to be posted up at least ten days before such contract be let. Such advertisement shall describe the bridge to be built, its location, and shall refer all persons to the person or persons holding the plans and specifications therefor, and such contract so to be let shall be awarded to the lowest responsible bidder, to be paid for out of the road funds or general fund, as the county commissioners may determine.
Sec. 24. The board of county commissioners shall divide their counties into suitable road districts as in their judgment will best subserve the interests of the people of the whole county. In each district so formed there shall be appointed annually by the county commissioners, a road overseer of such district, who shall hold his office for a period of one year or until his successor is duly qualified, who shall file with the probate clerk a sufficient bond approved by the board of county commissioners for the faithful performance of his duties as such road overseer, and secure payment of any money that he may receive under the provisions of this act.
Sec. 25. The board of county commissioners of the respective counties of the territory may levy a proper tax for road purposes which shall not exceed three mills on the dollar to be levied and collected in the same manner and at the same time as other property taxes are levied and collected in each year. The commissioners shall apportion the funds so collected, among the several road districts of the county, and the same shall be paid out only by the order of the board of county commissioners, but all property included within the limits of incorporated towns and cities shall not be subject to such tax.
Sec. 26. Every able-bodied man between the ages of twentyone and sixty years shall annually pay to the road overseer of the district wherein he resides, a road tax of three dollars, or in lieu of such sum shall labor on the public roads three days, whenever notified by the overseer as hereinafter provided, but the provisions of this act shall not apply to persons residing within the corporate limits of incorporated cities and towns.
Sec. 27. The road overseers shall keep the county roads and highways of their respective districts in repair and in good condition for travel. The road overseers shall notify all persons in their districts subject to road tax between the first day of April and the first day of September in each year, to appear at such time and place and with such tools as he may designate to perform the work required in lieu of road tax: Provided, Nothing in this section shall prevent the overseer from calling out any such persons ta perform such work at any time when he shall consider the same needed.
Sec. 28. Any person subject to road tax, who, after due notice has been given, refuses the same or to perform the work in lieu thereof, for a period of ten days after being so notified, according
, to the provisions of the preceding section, shall be considered delinquent, and it shall be the duty of the road overseer to immediately make a list of such delinquents in his district and every such delinquent shown on the said list shall be subject to the payment of such tax, which taxes shall be recovered in a separate action for each delinquent in any court of competent jurisdiction, and such penalty and taxes, or any part thereof, collected upon any such judgment shall be paid into the county treasury, to be paid out on such road where the tax was assessed and the delinquent lives, and the county treasurer shall keep a record of all such sums of money so coming into his hands.
Sec. 29. All persons, corporations or companies, are hereby required on application by the road overseer or his deputy, to furnish to said road overseer with the names of his, her or their employes, when they are employing ten or more persons, who are or may be liable to the payment of road taxes under the provisions of this act, and in the event of their refusal so to do within ten days after being so requested, shall forfeit the sum of one hundred dollars for each refusal so to do, and such sum shall be recovered in the same way as any penalty is collected ; such money when collected shall be paid into a special fund and paid in the same manner as other moneys paid in for taxes.
Sec. 30. If any road tax be unpaid and delinquent the road overseer of the district wherein the same is due and payable, may serve on any debtor of the person from whom such tax is due, a notice, printed or in writing, or partly printed or partly written, that such road tax has been demanded and is unpaid, and requiring such debtor of the person delinquent to pay to such road overseer the full amount of such road tax, with fifty cents additional thereto for costs of such notice; and every such notice may require
such debtor to appear before some justice of the peace of the county at a date and hour named therein, to answer said road overseer as the garnishee of such delinquent tax-payer.
Sec. 31. The service of such notice shall have the same effect as the service of a garnishee process, and upon the service thereof, the person upon whom the same is served, shall be authorized to pay to the road overseer the amount of tax assessed said delinquent, together with fifty cents in addition thereto, and such payment shall to the extent thereof bar any further liability therefor to such delinquent tax-payer. Sec. 32. If any such debtor upon whom service of any
such notice is made, shall fail or refuse to pay the road overseer serving the same, the amount of such tax, with the fee of fifty cents for serving such notice as provided by the two preceding sections, he shall be liable for all costs thereafter accruing in said proceedings of garnishment. Every road overseer, for the service of such notice shall be entitled to receive fifty cents.
Sec. 33. If any person required by this act toʻpay a road tax neglect to make such payment, or perform the labor in lieu thereof, and the road overseer is unable or neglects to collect the same prior to the first day of November in any year, it shall be the duty of the overseer of roads to report such delinquency to the county treasurer of the county, who is hereby authorized and required to collect the amount of such delinquency from the delinquent in the same manner as other taxes are collected, and to pay the same over to the overseer of roads of the road district in which the same are due and payable.
Sec. 34. The road overseers shall report to the board of county commissioners at their regular December meeting of each year, a list of all persons in their districts subject to a road tax, the names of all persons who have performed work in lieu thereof; the amount of money collected and paid out by him, from whom received, to whom and for what it was paid, the number of days he has been in actual service as road overseer, and the list of delinquents.
Sec. 35. Each road overseer shall receive as compensation for his services a sum to be fixed by the board of county commissioners, not exceeding five dollars per day for each days' service rendered as road overseer, to be paid out of the road fund in the county treasury, belonging to the respective districts.
Sec. 36. No person or persons shall erect any fence, house or other structure, or dig pits or holes in or upon any highway or
place thereon any stone, timber, trees or any obstruction whatsoever; and no person or persons shall tear down, burn or otherwise damage any bridge of any highway, or cause waste water or the water from any ditch, road, drain, or flume to flow in or upon any road or highway so as to damage the same.
Sec. 37. No person or persons, corporation or company, shall dam the waters of any stream so as to cause the same to overflow any road, or damage or weaken the abutments, walls or embankments of any bridge or any highway. Any person or persons, corporation or company, violating any of the provisions of this section shall forfeit the sum of fifty dollars to the county as a penalty, and shall be liable to the county and to any person or persons, corporation or company for any damages resulting therefrom.
Sec. 38. Any person or persons, corporation or company, owning or constructing any ditch, raise, drain, flume, in, upon or across any highway shall keep the highway open for safe and convenient travel, by constructing bridges over such ditch, raise, drain, or flume, or by providing other safe and convenient way across or around the said ditch; and within five days after any ditch is constructed across, in or upon any highway, at any point thereof, so as to interfere with or obstruct such highway, the person or persons owning or constructing such ditch shall erect a good and substantial bridge across the same, which shall thereafter be maintained by the county. Any person or persons, corporation or company constructing any ditch, raise, drain, flume, in, upon or across any highway, and failing to keep the highway open for safe and convenient travel, shall forfeit the sum of twenty-five dollars to the county. And any person or persons, corporation or company, who shall fail to erect a good substantial bridge across any ditch, raise, drain, or flume within five days after the same is constructed in, upon or across any highway, shall forfeit the sum of twentyfive dollars to the county, together with the cost of constructing there a good and substantial bridge which the overseer shall at once proceed to build, and shall also be liable in damages to any person or persons damaged by such neglect.
Sec. 39. In order to foster and encourage the use of local materials and labor, hereafter any bridge or culvert constructed upon the provisions of this act in this territory shall be constructed, whenever practicable and more economical, of material produced in this territory, using local labor in its construction.
Sec. 40. All fines, penalties and forfeitures incurred under any provisions of this act, except as otherwise provided, shall be recov