16. An agent who, in good faith and without negligence, acts upon his own understanding of faulty or ambiguous instructions is not liable in damages to his principal, although his interpretation of them may be erroneous. Falksen v. Falls

City Bank, Neb.; 98 N. W. R. 425. 17. A person dealing with an agent of limited power, and who knows of the nature and extent of the limitation, is bound thereby. David Bradley & Co. v. Basta, Neb.; 98 N. W. R. 697.

18. Ostensible authority to act as an agent may be conferred if the party to be charged as principal affirmatively or intentionally, or by lack of ordinary care, causes or allows third persons to trust and act upon such apparent agency. C. F. Blanke Co. v. Trade Ex. Co., Unoff. -; 98 N. W. R. 714.

19. Where knowledge by a principal of the acts of an agent, the results of whose work he accepts, is conclusively shown,

6000

21. The power of an agent to bind his principal in the execution of commercial paper and the formal requisites necessary. 52 C. L. J. 273.

22. Agency can not be proved by the acts or declarations of the alleged agent not brought home to the principal. C. F. Blanke Co. v. Rees Printing Co., Unoff.

-; 97 N. W. R. 627.

23. While agency can not be established by the declarations of the alleged agent, statements and declarations of the alleged principal are evidence of the most satisfactory character. C. F. Blanke v. Graham, Unoff. -; 99 N. W. R. 257. 24. Ratification in the law of agency. 57 C. L. J. 463.

HIGHWAYS.

8. Where a county board has authority to place a culvert across a highway it is not necessary for it to designate the specific point on the highway at which such culvert is to be placed. In an action to enjoin the construction of such culvert the only question is whether such culvert was reasonably necessary to a proper main6009. Committee of board to view.

Upon compliance with the foregoing provisions and whenever a public wagon bridge shall have been completed across a stream of water forming a boundary or dividing line between two counties the County Commissioners or Board of Supervisors of said county, if they deem it necessary, may appoint one or more of their number as a committee to examine into the expediency of the proposed road, alteration or vacation thereof and report accordingly.

History.-Amended 1905, S. F. 148; in force July 1.

6010. Powers of board.

The Commissioners or Supervisors will not be confined to the precise matter of the petition, but may inquire and determine whether that or any road in the vicinity answering the same purpose and in substance the same, be required, but such road must not be established through any burial ground which is exempt from execution, nor through any garden, orchard or ornamental ground contiguous to any dwelling house so as to cause the removal of any building without the consent of the owner.

History. Amended 1905, S. F. 148, sec. 2; in force July 1.

6011. Both public and private convenience considered.

In forming their judgment they must take into consideration both the public and private conveniences and also the expense of the proposed road.

History. Amended 1905, S. F. 148, sec. 3; in force July 1.

6012. Report of committee to view.

After, due consideration of the petition or after an examination of the proposed road by one or more of either board if they shall not be in favor of establishing the proposed road they shall so report and no further proceeding will be had on that petition; provided, however, that where the proposed road is one to be used to connect a public wagon bridge constructed across a stream forming a boundary line between two counties their report shall be confined to the best route practicable for the proposed road.

History.-Amended 1905, S. F. 148, sec. 4; in force July 1.

6013. May proceed to lay out road at once.

Where the proposed road will connect a public wagon bridge constructed across a stream of water forming a boundary line between two counties with some existing public road and in all other cases if they deem such establishment expedient they shall at once proceed to lay out the road as hereinafter directed and may report accordingly if the circumstances of the case are such as to enable them to do so without pursuing the course pointed out in the next succeeding section.

History. Amended 1905, S. F. 148, sec. 5; in force July 1.

6014. Road surveyed and marked out.

If the precise location of the road cannot be otherwise given they* must cause the line of the road to be accurately surveyed and plainly marked out. History. "He" changed to "they" at * 1905, S. F. 148, sec. 6; in force July 1. 6018. A correct plat and report to be filed.

A correct plat of the road together with a copy of the Field notes of the surveyor, if one has been employed, must be filed as part of the commissioners or supervisors report and they shall also state the probable cost of the work in laying out or altering such road including any necessary bridges, culverts and approaches and such report shall be filed with the county clerk.

History. Amended 1905, S. F. 148, sec. 7; in force July 1.

6019. Objections and claim for damages.

If the report of the Commissioners or Supervisors be in favor of establishing or altering the road the county clerk must appoint a day not less than 60 nor more than 90 days on or before which all objections to the establishment or alteration of the road and claims for damages by reason thereof must be filed with the clerk. History. Amended 1905, S. F. 148, sec. 8; in force July 1.

6021

6020. Repealed 1905, S. F. 148; in force July 1.

3. The county clerk may publish road notices in a newspaper selected by himself. Opinions Atty. Genl. 1902-3, 92.

4. If the public has acquired no right by prescription or dedication to a way across the land of an individual, the court may examine the proceedings by which it was attempted to lay out a highway across the same to ascertain whether or not the county board had jurisdiction to act, and the lapse of time alone will not supply a jurisdictional defect in the proceedings. Neb. -; 98 N. W. Peterson v. Fisher, R. 660.

6029

a

10. Where a county board ordered road opened up on the half section line, a fence between the adjacent owners held properly taken as such half section line. Unoff.; 97 Nance County v. Russell,

N. W. R. 320.

11. When, in a proceeding to establish a county road, the county board merely ascertains the amount of damages to be inflicted thereby upon a given tract of land, but expressly declines to determine whether the claimant is the owner of the lands or entitled to the damages, its order is not final or appealable. Jones v. Daul, - Unoff. —; 97 N. W. R. 1029.

14. A purchaser of land pending proceedings to appropriate the same for public use may prosecute a claim for damages for such appropriation in his own name when such compensation has been wholly denied to his grantor. Ashley v. Burt County, Neb.; 102 N. W. R. 272.

15. A land owner who has united in a petition for the establishment of a public road, expressly waiving compensation for damages, may withdraw such waiver by filing a claim for compensation before the establishment of the road. Ashley v. Burt County, Neb. -; 102 N. W. R. 272.

16. The fact that the person who owned the land when the resolution was adopted asked leave to present a claim for damages, which request was refused by the board and an attempted appeal from such refusal dismissed, is no defense to an action by the owner of the land at the time the road was actually opened to recover his damages. The right to recover accrues to the person who owns the land when the road is actually opened. The appropriation does not take place until the road is actually opened for public use. Hogsett v. Harlan County, Unoff. 97 N. W. R. 316.

6042. Damages-Appeal.

Any applicant for damages claimed to be caused by the establishment, vacation, or alteration of a road, or any elector residing within the county and within five miles of said road, may appeal from the final decision of the county board to the district court of the county in which the land lies; but notice of such appeal must be served on the county clerk within twenty days after the decision is made. If the road has been established on condition that the appellant or appellants pay the costs of appeal, or that the petitioners therefor pay the damages, such notice shall be served on the four persons first named in the petition for highway, if there are that many who reside in the county. History.—Amended 1905, S. F. 257; in force July 1.

6049

14. Before opening a section line road across a previously constructed irrigation ditch the county board should give notice

of its proposed action to the owners of the ditch. Opinions Atty. Genl. 1902-3, 136.

15. The rights of the owner of land over which a section line extends are the same

with reference to the assessment of damages as those of the owners of other real estate. This statute merely dispenses with the necessity of a petition and other formal proceedings. Scace V. Wayne County, Neb.; 100 N. W. R. 149.

6073. County and district road funds.

6066

2. Extent of public easement in public highways. 57 C. L. J. 225.

In counties not under township organization, the road tax shall be paid in cash. One-half of all monies paid into the county treasury from the several road districts in discharge of road tax, shall constitute a county road fund which shall be divided equally between the commissioner districts and shall be at the disposal of the county commissioner in his district for the general benefit of the county roads therein; provided that the other one-half of all monies so paid into the county treasury from the several road districts in discharge of road tax, and all cash labor tax as aforesaid shall constitute a district road fund, and shall be expended by the county commissioners in the road district from which it was collected for the following purposes: First-For the construction and repair of culverts and making fire guards along the line of roads; Second-For the payment of damages of the right of any public road; Third-For the payment of wages of overseers and for the expense of procuring the necessary tools; Fourth-For the payment of wages of commissioner of roads, surveyor, chainman and other persons engaged in locating or altering any county road, if the road be finally established or altered as hereinbefore provided; Fifth-For work and repairs upon roads. Provided, that the county commissioner of counties not under township organization may levy the same rate of road tax upon the property within any incorporated city of the metropolitan class, and cities of the first and second class, and villages as is levied upon the property situated within the several road districts, and all monies paid into the county treasury in discharge of road tax levied. upon property within the incorporated limits of any such city shall constitute a part of the general road fund of the county and be subject to the disposal of the county commissioners for the general benefit of the county and city, one-half of which shall go to the county for road purposes and one-half to the council of said cities to be used for road purposes, of the metropolitan class in which case said one-half is to be used under the direction and control of the park commissioners of such cities in the construction and improvement of road ways in the system of parks, park ways and boulevards in such cities.

History. Amended 1905, H. R. 81, sec. 1; in force July 1.

It shall be the duty of the county clerk to furnish each overseer of roads in his county on or before the first day of August of each year a list of all persons subject to labor tax in his district, and list to be made up from the poll list as returned by the assessor for the current year. It shall be the duty of each overseer of roads to give at least three days' notice to all persons residing in his district whether the name of said person is returned upon the poll book of said district or not, liable to pay labor tax therein, either personally or in writing, left at their place of abode, of the time when between the first day of April and the first day of November in each year, and the place where they may appear and pay their labor tax in labor and with what implements.

History. Amended 1905, H. R. 81, sec. 2; in force July 1.

3. The act of 1903 permitting one-half of the road tax to be paid in labor applies to taxes levied in 1903. Opinions Atty. Genl. 1902-3, 130.

4. The county clerk should extend the road taxes on the basis of the assessment 6076. Allowance for work on roads.

of the previous year. On or before the first day of March he should furnish each road overseer a list of the road taxes. Opinions Atty. Genl. 1902-3, 280.

The overseer shall allow all persons who may appear in pursuance to such notice and offering to pay their labor tax and labor under his direction the sum of one dollar and one half for every day he shall actually work eight hours on such road, and a doliar and a half for each span of horses he shall furnish agreeable to the requirements of the overseer, and for such labor performed the overseer shall give to such person a certificate, which certificate shall be received by the county treasurer in discharge of labor tax of such person as aforesaid. History. Amended leaving off the amendment of 1903, 1905, H. R. 81, sec. 3; in force July 1.

6077. Overseers return to county treasurer.

Each overseer of roads shall make a return to the county treasurer on or before the first day of October of each year of a list containing the names of each person liable to pay labor tax in his district whom he has notified to labor upon the roads.

History. Amended 1905, H. R. 81, sec. 4; in force July 1.

Secs. 6080 to 60830. An act to authorize, empower, and require boards of county commissioners or supervisors of the different counties of the state to make contracts for the erection and reparation of bridges and approaches thereto, and to build culverts and improvements on roads, when the cost exceeds one hundred ($100.00) dollars. To make yearly contracts for all bridges, approaches, and repairs required during the year at a specified sum per lineal foot, for superstructure of bridges and approaches and at a specific sum per lineal foot for piling and tubing. At a specific sum per cubic foot for stone, brick, cement, and concrete at a specified sum per pound for substructural iron. and at a specified sum per foot (board measure) for all lumber used in the construction and repair. To make yearly contracts for repairing bridges and approaches at a specified sum per unit quantity. To define the terms "superstructure," "substructure," and "unit quantity in place." To provide for manner of advertising for bids, to require deposit with bids, and to prescribe duties of board of public lands and buildings. To provide for the rejection of bids in certain cases and empower county boards to buy material and labor and build and repair bridges and approaches. To provide for the adoption of plans and specifications for all bridges costing more than two hundred ($200.00) dollars each; and keeping copies of plans and specifications thereof in the county clerk's office. To provide that bids be made separately for each kind and class of bridge, approach, and culvert, and improvement on roads. To provide that it be the duty of the secretary of the state board of irrigation to prepare plans and specifications for bridges of standard size, weight, and carrying capacity and furnish prints of same to counties at cost; to provide for an appropriation, to provide for filing with county surveyor of duplicates of plans and specifications when adopted. To provide for contractor's bond and to provide for emergency caused by break down, fire, flood, or other cause, and to repeal sections 5335, 5336, 5337, and 5338 [6080-83] of the Compiled Statutes of Nebraska for 1903 as they now exist. To provide for keeping on file in the county clerk's office copies of plans and specifications for distribution to prospective bidders and taxpayers. To provide for kind of bond required of contractor. Jahnel's bridge bill. 1905, H. R. 205; in force July 1.

6080. Contract letting.

That all contracts for the erection or reparation of bridges and approaches thereto, for the building of culverts and improvements on roads, and for furnishing the materials in connection with the same, the cost and expense of which shall exceed one hundred ($100.00) dollars shall be let by the county commissioners or county board of supervisors to the lowest and best bidder.. All bids must be de