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§ 97. In cases where the damages claimed by the land-owners for the right of way are released, or are agreed upon between the land-owners and commis ioners, the commissioners may, at their first meeting or at any adjourned meeting, examine the route of the road and cause a survey thereof to be made, and make their order establishing, altering, widening or vacating the road. according to the prayer of the petition, and return the same within the time and in the manner specified in this act.
$ 93. Any person or persons interested in the establishment, alteration, widening or vacation of any road in this State, are hereby authorized to offer inducements to the commissioners of highways for the establishment, alteration, widening or vacation of any such road, by entering into contract with said commissioners, conditioned upon such establishment, alteration, widening or vacating, to pay money or other valuable thing to the district for the benefit of the road and bridge funds of the same; or to perform any labor, or to construct any road, bridge or culvert on any road which said person or person's desire to have established, widened or altered. And such contracts in writing, made with said commissioners, shall be deemed good and valid in law, and may be enforced by said commissioners or their successors in office, before any court having jurisdiction.
$ 99. The records of the district clerk, or a certified copy of such record and papers, relating to the establishment, location, alteration, widening or vacation of any road, shall be prima facic evidence in all cases that all the necessary antecedent provisions had been complied with, and that the action of the commissioners or other persons and officers, in regard thereto, was regular in all respects.
$ 100. Whenever a public road is ordered to be established or altered, according to the provisions of this act, which road shall pass through or on enclosed land, the commissioners of highways shall give the owner or occupant of such land sixty days' notice in writing, to remove the fences. If such owner or occupant does not remove the fence or fences within sixty days after such notice, the commissioners shall have the same removed, and direct the road to be opened and worked; the owner of such premises shall pay all necessary costs of removal, and the same may be recovered by the commissioners before any justice of the peace of the county.
§ 101. Roads for private and public use, of the width of three rods or less, may be laid out from one dwelling or plantation of an individual to any public road, or from one public road to another or from a lot of land to a public road, on petition to the commissioners by any person directly interested; such petition shall be of the same form and subject to the same notice as provided in section 78 of this act. The commissioners, on receiving such petition, shall have power to lay out the road as asked for therein, to which end they shall proceed and examine into the merits of the case, and shall be governed in their proceedings by the rules and regulations prescribed in this act in relation to public roads. The jury shall consider the damages that may result to parties from said proposed road, and shall assess the damages to each individual owner of lands affected thereby. The amount of such damages shall be paid by the persons benefited thereby to the extent and in proportion that they are benefited, to be determined and declared by the jury. The remainder of the amount of damages over and above that to be paid by the parties as aforesaid, shall be paid by the district as in other cases. The amount of damages to be paid by individuals shall be paid to the parties entitled thereto before the road shall be opened for use. An appeal may be taken on the question of the propriety and necessity of such road as in other cases.
$ 102. If such road or cartway shall not be opened by the petitioners within two years from the time of making the order for the location of the same, such order shall be regarded as rescinded.
§ 103. When such road or cartway is proposed to pass over inclosed lands, the owners of such lands shall have a reasonable time, not exceeding eight months, to be designated by the commissioners, to harvest crops and remove fences which may be on such lands, before such road or cartway shall be opened.
$ 104. Public roads may be established, altered, widened or vacated on district or county lines, or from one district into adother, in the same manner as other public roads, except that in such case a copy of the petition shall be posted up in, and presented to the commissioners of each district interested; said petition to be as in other cases, and signed by not less than twelve land owners residing in either county within three miles of the road so to be altered, widened, located or laid out; whereupon it shall be the duty of the commissioners of the several districts to meet and act as one body, in the same time and manner as in other cases, in considering the petition, viewing the premises, adjusting damages and making all orders in reference to such proposed road, alteration, widening or vacation, and a majority of all such commissioners must concur in all such orders; and a copy of all final orders and plats and papers shall be filed and recorded in each of the counties and districts interested.
$ 105. The commissioners shall also, in case a new road is established, aliot to each of such districts the part of such road which each of such districts shall open and keep in repair, and the part so allotted shall be considered as wholly belonging to such district. They shall also divide the expenses and damages which may accrue from such location, widening or alteration, and if they cannot agree they shall refer the matter to three disinterested land owners as arbitrators, whose decision shall be final. $ 106.
Any person or persons interested in the decision of the commissioners in determining to or in refusing to lay out, alter, widen, or vacate any road or revoking any previous order or decision relative to any road, or in the verdict of any jury in assessing damages in opening, altering or vacating any road, may appeal from such decision to the county or circuit court, within ten days after such decision has been rendered, by filing a written petition with the justice of the peace or the commissioners of highways, from whose decision they desire to appeal, asking for an appeal and stating on what grounds such appeal is taken.
$ 107. Any parties taking an appeal from the award or the decision of the highway commissioners, or the verdict of the jury, shall file a sufficient bond with the justice of the peace, or district clerk, before taking such appeal, conditioned for the payment of the cost of such appeal, in case the decision of the commissioners or the verdict of the jury is in all things sustained, or the appeal dismissed; if the award of the highway commissioners or verdict of the jury shall not be sustained, the district shall pay the cost of such appeal.
$ 109. When the commissioners of one district disagree with the commissioners of an adjoining district in regard to the laying out of a new road, or the alteration, widening or vacation of an old road on any county or district line, appeals may be taken from such decision in the same manner as where the road is wholly in one district.
§ 109. All roads heretofore laid out upon district or county lines shall be divided, allotted and kept in repair in the manner as hereinbefore directed. Any public road that is or shall hereafter be laid out on a county or district line shall be held to be a road on a county or district line, although, owing to the topography of the ground along said county or district line, or at the crossing of any stream of water, the proper authorities, in establishing or locating such road, may have located a portion of the same to one side of such county or district line.
$ 110. Roads may be laid out and opened upon the line between this and any adjoining State, as provided in the preceding sections, whenever the laws of such adjoining State shall be applicable.
$ 111. If the commissioners shall wilfully refuse or neglect to perform any of the duties enjoined upon them by this act, they shall severally forfeit not less than ten dollars nor more than fifty dollars, and may be proceeded against in the name of the district severally or jointly, for the recovery of such forfeiture, before any justice of the peace in the proper county having jurisdiction.
$ 112. The commissioners of highways may, when they shall deem it advisable, put up and maintain in conspicuous places, at each end of any bridge, a notice with the following words in large characters : “Five dollars fine for riding or driving on this bridge faster than a walk.” If any person shall ride or drive over any bridge upon which such notice has been placed, faster than a walk, he shall forfeit to the district in which such bridge is located five dollars for every such offense.
$ 113. In addition to the notices now required by law, in proceedings for laying out, locating or opening of public roads, similar notices shall be served on any railroad company, across or along. side of whose railroad it may be proposed to locate a public road: Provided, that this act shall not apply to the proceedings for opening streets in towns or cities.
$ 114. The notices as provided by this act shall be served by delivering a copy thereof to the station agent of any such railroad company nearest to the proposed location of such projected public road.
§ 115. That an act entitled “An act in regard to gateways, roads and bridges in counties not under township organization, approved and in force April 18, 1873, and all other acts or parts of acts inconsistent herewith, be and the same are hereby repealed: Provided, that the repeal of said act shall not affect any suit or proceedings pending, or impair any right existing at the time this act shall take effect: And, provided also, that the supervisors in office when this act takes effect shall continue in office till the expiration of their terms, and the road tax and road labor then due shall not be released from its obligations, and the delinquent list shall be duly returned and collected as now provided, the avails of which shall be paid to the treasurer of the commissioners.
APPROVED May 4, 1887.
COUNTY SUPERINTENDENTS' BILLS.
§ 1. County boards shall audit bills of coun- $ 2. Emergency.
ty superintendents quarterly. An Act to provide for the auditing and payment of the quarterly bills
of County Superintendents of Schools. SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That the quarterly bills of the county superintendent of schools, for their compensation and expenses in visiting schools, as provided in section seventy-one (71) of the general school law, when presented in due form, shall be audited by the county boards of the several counties, at their first meeting after March 1, 1887, and so nearly as may be quarterly thereafter; and that the Auditor of Public Accounts, upon receipt of said bills duly certified, is hereby authorized and required to draw his warrants upon the State Treasurer in payment thereof, payable from the State school fund, and to transmit said warrants to the several county superintendents of schools.
$ 2. Whereas, under the present law said bills of the county superintendents of schools cannot be audited and paid until after September 1, 1897, therefore an emergency exists, and this act shall take effect immediately upon its passage. APPROVED February 9, 1857.
ELECTION OF DIRECTORS AND BOARDS OF EDUCATION.
§ 1. Amends section 1, act of 1885. by fixing § 2. Repeals all acts in conflict. the time when boards shall meet and
§ 3. Emergency. organize, when elected under special
charters. An Act to amend section one (1) of an act entitled "An act enabling
school districts acting under special charters, to hold elections for the election of school directors and members of boards of education at the time provided for the election of school directors under the school laws of this State,” approved June 29, 1885, in force July 1, 1885.
SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That section one (1) of an act entitled "An act enabling school districts acting under special charters, to hold elections for the election of school directors and members of boards of education, at the time provided for the election of school directors under the school laws of this State," approved June 29, 1885, in force July 1, 1885, be amended so as to read as follows:
“Section 1. That in all cases where the time for the election of members of boards of directors and boards of education is fixed by virtue of any special charter, such election may be held at the time now provided, or which may hereafter be provided, for the election of school directors under the school laws of this State, and that such election may be held at such place in the school district as may be designated by the board of directors or board of education of such school district, and such boards of directors or boards of education, when elected, shall meet and organize at the time and in the manner now provided, or which may hereafter be provided under the school laws of this State.
$ 2. All acts and parts of acts inconsistent with this act are hereby repealed.
$ 3. Whereas, the election of directors occurs prior to July 1, therefore an emergency exists and this act shall be in force and take effect from and after its passage.
APPROVED March 25, 1887.