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who may appear in pursuance to such notice and offering to pay their labor tax, and three-fourths [of] their road tax in labor, under his direction, the sum of $1.50 for every day he shall actually work eight hours on such road, $1.50 for each yoke of oxen, and $1.50 for each span of horses he shall furnish agreeably 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 the labor tax and three-fourths of the road tax of such person as aforesaid. The one-fourth of the road tax shall be paid in cash; Provided, That any person who is a resident of the district not notified by the overseer to labor upon the roads as hereinbefore provided, shall be discharged from the payment of said labor tax and three-fourths [of] said road tax.
SEC. 80. [Overseer's return to county treasurer.]-Each overseer of roads shall make a return to the county treasurer on or before the first day of November of each year, containing the names of each person liable to pay labor or road tax, or both, in his district, whom he has notified to labor upon the roads, as provided in section 78. Such returns shall be made under oath, and shall be conclusive evidence that notice to labor, as aforesaid, upon the persons therein named has been made by said overseer. If said overseer makes a false return, he shall be guilty of perjury, and be punished accordingly.
SEC. 81. [Settlement of overseer.]-Overseers of roads shall make an annual settlement under oath with the board of county commissioners, at their first meeting in January, showing the amount of money which has come into their hands by virtue of their office, and how the same has been expended. The county commissioners, if they deem it expedient, shall have power to cite any overseer to appear before them at any other time, and make settlement as herein provided, giving him reasonable notice thereof.
SEC. 82. [Allowance to overseer.]—The overseer shall be allowed one dollar and fifty cents per day, including the time necessarily spent in notifying the hands, superintending the work on roads, and making out his return, but not to exceed the sum of thirty dollars in any one year, which sum shall be paid out of the district road fund, after deducting his own labor tax and three-fourths of his road tax. If there is not sufficient money in the district road fund with which to pay said overseer, he shall be entitled to a certificate from the county board for the amount of labor performed, which certificate shall be received in payment of his own road tax for any succeeding year.
SEC. 83. [Contracts for building bridges, roads, etc.]-All contracts for the erection and reparation of bridges and approaches thereto, for the building of culverts, and improvements on roads, the cost or expense of which shall exceed one hundred dollars, shall be let by the county commissioners to the lowest competent bidder, but no contract shall be entered into for a greater sum than the amount of money on hand in the county road fund derived from the levy of previous years, and two-thirds of the levy for the current year, together with the amount of money in the district road fund of the district where such work is to be performed; and every bidder, before entering on any work pursuant to contract, shall give bond to the county with at least two good and sufficient sureties, in any sum double the amount of the contract, which bond shall be approved by the county commissioners, conditioned for the faithful execution of the contract. SEC. 84. [Same-Bids.]-Before any contracts, as aforesaid, shall be let, the county commissioners shall advertise for bids therefor, and shall require bidders to accompany their bids with plans and specifications of the work, and they may accept the most suitable plan, and award the contract accordingly, or may reject any or all bids.
failure to give notice would not release lien of the tax and the fact that notice is required to be given to residents only does not invalidate the tax on property of non-residents. 4 Neb. 306.
SEC. 83. Public bridges are a part of public roads. 4 Neb. 158. 5 Id. 392. 6 Id. 212. County commissioners cannot either personally or by agent engage in the business of erecting bridges, etc. Such work must be done by contract. 6 Neb. 212. 10 Neb. 180. Probably under this section they could do so where the cost did not exceed $100. They cannot purchase a private bridge. 9 Neb. 331.
SEC. 85. [Same-Advertisement.]-Such advertisement shall state the general character of the work, and shall be published four consecutive weeks in some newspaper printed and of general circulation in the county; and if there be no newspaper printed in the county, then such advertisement shall be published in some newspaper of general circulation therein. Where the cost of the work exceeds five hundred dollars, such advertisement shall also be published four consecutive weeks in some newspaper printed in, and of general circulation throughout the state.
SEC. 86. [Same-Work, how paid for.]-The cost of the work performed under any contract entered into under the provisions of the preceding sections, shall be paid from the money belonging to the district in which such work is performed; or, it that be insufficient, the balance shall be paid from the county road fund; Provided, That where under any law of this state bonds are voted to aid in the building or repairing of any bridge, the expense thereof shall be paid by such bonds, or the proceeds thereof.
SEC. 87. [Bridges in two or more counties.]-Bridges over stream which divide counties, and bridges over streams on roads on county lines, shali be built and repaired at the equal expense of such counties; Provided, That for the building and maintaining of bridges, over streams near county lines, in which both are equally interested, the expense of building and maintaining any such bridges, shall be borne equally by both counties. [12 Neb. 8.1
SEC. 88. [Contracts for such bridges.]-For the purpose of building or keeping in repair such bridge or bridges, it shall be lawful for the county boards of such adjoining counties to enter into joint contracts; and such contracts may be enforced in law or equity, against them jointly, the same as if entered into by individuals, and they may be proceeded against, jointly, by any parties interested in such bridge or bridges, for any neglect of duty in reference to such bridge or bridges, or for any damages growing out of such neglect; Provided, That if either of such counties shall refuse to enter into contracts to carry out the provisions of this section, for the repair of any such bridge, it shall be lawful for the other of said counties, to enter into such contract for all needful repairs, and recover by suit from the county so in default, such proportion of the costs of making such repairs as it ought to pay, not exceeding one half of the full amount so expended; but the provisions of this act shall apply only to those bridges which have been built or may hereafter be built by cooperation of the counties separated by said stream. [Amended Mar. 1. Took effect June 1, 1881.]
SEC. 89. [Enforcement of such contracts.]-If the county board of either of such counties, after reasonable notice in writing from the county board of any other such county, shall neglect or refuse to build or repair any such bridge, when any contract or agreement has been made in regard to the same, it shall be lawful for the board so giving notice to build or repair the same, and to recover, by suit, one-half (or such amount as shall have been agreed upon) of the expense of so building or repairing such bridge with costs of suit and interest from the time of the completion thereof, from the county so neglecting or refusing.
SEC. 90. [Same-Judgment.]-Any judgment so recovered against the county board of either of such counties, shall be a charge on such county, unless the jury shall in their verdict certify that the neglect of or refusal of such board. was wilful or malicious, in which case only the members of such board shall be personally liable for such judgment, and the same may be enforced against them in their personal and individual capacity, and upon their official bonds.
PROVISIONS SPECIALLY APPLICABLE TO COUNTIES UNDER TOWNSHIP ORGANIZATION.
SEC. 91. [Township road fund.]-In counties under township organization, all money paid to the township treasurer in discharge of township road tax, and all money paid in discharge of labor tax, shall constitute a township road fund, one half of which shall be held by said treasurer, subject to the order of the
town board, and which shall be at their disposal for the general benefit of the township, for road and bridge purposes; the other half of such money shall be paid by the town treasurer to the overseer of the district from which such tax is collected, and expended by such overseer only for the following purposes: First. For the construction and repair of bridges and culverts, and making tire guards along the lines of the roads. Second. For the payment of damages for right of way of any public road. Third. For the payment of wages of overseers, and for necessary guide boards. Fourth. For the payment of wages of commissioners of roads, surveyor, chainmen, 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 on roads.
SEC. 92. [Expenditure in another district.]-The town board shall have power, upon receiving a petition signed by at least two-thirds of the qualified electors of any district, to order that any road moneys belong[ing] to the district be expended in any other district in such township, under the direction of the proper overseer thereof, and in such case such overseer shall pay all money in his hands to the overseer of the district in which such money is ordered to be expend ed, and take his receipt for the same.
SEC. 93. [Notice to parties to work out tax.]-It shall be the duty of each overseer of roads to give at least three days notice to all persons residing in his district liable to pay labor and road tax, either personally or by writing left at their usual place of abode, of the time when between the first day of April and first day of November'in each year, and the place where they may appear and pay their labor tax and three-fourths of their township road tax in labor, and with what implements.
SEC. 94. [Allowance for work.]-The overseer shall allow all persons who may appear in pursuance of such notice the same allowances as in counties not under township organization, as provided in section 79 of this act, and the certificate thereof shall be received by the treasurer in discharge of the labor tax and three-fourths of the township road tax, of such person, the other one-fourth of such township road tax, and the county road tax, shall be paid in cash; Provided, That any person not notified by the overseer to labor upon the roads as hereinbefore provided, shall be discharged from the payment of said labor tax, and three-fourths of such township road tax.
SEC. 95. [Overseer's return to town treasurer.]-Each overseer of roads shall make a return to the township treasurer on or before the first day of November in each year, containing the names of each person liable to pay labor or road tax, or both, in. his district, whom he has notified to labor upon the roads, as provided in section 93. Such return shall be made under oath, and shall be conclusive evidence that notice to labor as aforesaid upon the persons therein named has been made by said overseer. And when the township treasurer returns the duplicate tax list to the county treasurer, as provided by law, he shall accompany the same with the returns made to him by said overseers. If any overseer makes a false return, he shall be guilty of perjury, and be punished accordingly.
SEC. 96. [Settlement of overseer.]-Each overseer shall, at the time required by the town board, make a settlement of his accounts, showing the amount of money coming into his hands as such overseer, and how the same has been expended. In such settlement he shall be allowed the same amount for similar services by overseers in counties not under township organization, as provided in section 82, which sum shall be paid out of any money belonging to his district, after deducting his labor tax, and three-fourths of his township road tax; and if there be not sufficient money belonging to the district with which to pay said overseer, he may be paid in whole or in part out of the township road fund, or for any balance due him he may receive from the town board a certificate which may be received in payment of his own township road tax for any succeeding year.
SEC. 97. [Contracts for building bridges, etc.]-All contracts for the erection and reparation of bridges and approaches thereto, for the building of cul
verts and improvements on roads, within the limits of any township, the cost or expense of which shall exceed one hundred dollars, shall be let by the town board. to the lowest competent bidder; but no contract shall be entered into for a greater sum than the amount of money on hand in the township road fund, derived from the levy of previous years, and two-thirds of the levy for the current year, together with the amount of money on hand belonging to the district where such work is to be performed. The contract shall be let, and the successful bidder give bond as provided in sections 83, 84, and 85 for the letting of contracts in counties not under township organization; and all the provisions of said sections shall apply, so far as applicable, to the letting of contracts provided for in this section; Provided, That where any work is to be performed or contract let, the cost of which is to be paid by order of the county board entirely out of the county road fund, or by the entire county, the contract therefor shall be let by the county board in the same manner as provided in sections 83, 84, and 85, for the letting of such contracts in counties not under township organization.
SEC. 98. [Work let by contract, how paid for.]-Where any contract is let as aforesaid by the town board, the expense of which is to be borne exclusively by the township, it shall be paid from the money belonging to the district in which such work is performed; or, if that be insufficient, the balance shall be paid from the township road fund, and if the work be of general benefit to the entire township, the town board may, in their discretion, cause the same to be entirely paid for from the township road fund, or from the fund of each district pro rata; Provided, That if under any law of this state, bonds are voted to aid in the building or repairing of any bridge, the expense shall be paid by such bonds, or the proceeds thereof.
SEC. 99. [Road on town lines.]-Where a public road is located on township lines, the county board shall allot the part of such road which such town shall keep in repair, and the part so allotted shall be considered as wholly belonging to such town.
SEC. 100. [Appropriation from county treasury.]-When it shall be necessary to build, construct, or repair any bridge, or road, in any town, which would be an unreasonable burden to the same, the cost of which will be more than can be raised in one year by ordinary road taxes in such town, the town board shall present a petition to the county board of the county in which such town is situated, praying for an appropriation from the county treasury to aid in the building, constructing, or repairing of such bridge or road, and such county board may (a majority of all the members elect voting for the same) make an appropriation of so much for that purpose, as in their judgment, the nature of the case requires and the funds of the county will justify; said appropriation to be expended under the supervision of an authorized agent or agents of the county, if the county board shall so order. In such case, where the county grants aid, as aforesaid, the contract shall be let by the town board, under the provisions of sections 83, 84, and 85.
SEC. 101. Bridges on town lines.]-Bridges over streams which divide. township lines, and bridges over streams on roads on township lines, shall, if the expense thereof be not paid by the county board, be built and repaired at the equal expense of such towns; Provided, That for the building and maintaining of bridges over streams near township lines, in which both are equally interested, the expense of building and maintaining such bridges shall be borne equally by the townships so interested.
SEC. 102. [Same-Contracts, how let.]-Contracts for the purposes mentioned in the foregoing section may be entered into and enforced in the same manner as provided in sections 89 and 90, for the enforcement of similar contracts in counties not under township organization.
SEC. 103. [Repealed Chap. 47 R. S. 342. G. S. 950.]
SEC. 104. [Special tax to pay road fund warrants.j-That in order
SECS. 104-106. "An act to provide for the payment of outstanding county road fund warrants." Laws 1879, 164. Took effect June 1, 1879.
to provide for the payment of outstanding road fund warrants issued by any organized county in this state prior to the repeal of the act authorizing their issue, the county commissioners of any county where such indebtedness exists be and the same are hereby authorized and empowered to levy a special tax not exceeding five mills upon the dollar of the valuation of said county, or so much. thereof as may be necessary to pay all the outstanding indebtedness of the character hereinbefore mentioned. Said levy to be made by the county commissioners at their next regular annual meeting in July, 1879, while assembled for the purpose of levying other taxes as provided by law. Said tax to be collected by the county treasurer in the same manner as other county taxes are collected, and the said warrants to be paid by the county treasurer in the order in which they appear upon his warrant register. [1879 § 1, 164.]
SEC. 105. [Same.]-In case the five mill levy hereinbefore mentioned in section one of this act shall not be sufficient to pay the entire amount of outstanding road fund warrants, the county commissioners in such counties where a deficiency exists shall annually thereafter make other levies for this purpose; not exceeding five mills on the dollar in any one year, until all the outstanding road fund warrants before mentioned shall have been paid. [Id. § 2.]
SEC. 106. [When transferred to general fund.-All moneys derived from the collection of taxes under this levy remaining in the hands of the county treasurer after all the road fund warrants shall have been paid, shall be transferred to the general fund of said county. [Id. § 3.]
SEC. 107. [Trenches and ditches.]-It shall be unlawful for any road supervisor, contractor, or other person whose duty it shall be to grade any road, highway, or approach to any bridge or culvert, in any county in this state, to dig any ditch, trench, or other excavation, within less than fifteen feet of the centre line of such road, highway, or approach, except in cases where for any cause a bridge or culvert shall have been placed one side of the centre line of a road; then and in that case no ditch, trench, or other excavation shall be made within less than fifteen feet of the centre line of the approach to such bridge or culvert; Provided, That this act shall not be so construed as to prevent the digging of a ditch or drain across any road, when it becomes necessary to make a culvert or bridge for the purpose of allowing the water to flow across the line of such road through such culvert or under such bridge. [1885, chap. 78.]
SEC. 108. [Obstructing highway.]-That from and after the passage of this act it shall be unlawful for any person to build a barbed wire fence across or in any plain traveled road or track in common use, either public or private, in this state, without first putting up sufficient guards to prevent either man or beast from running into said fence. [1885, chap. 77.]
SEC. 109. [Penalty.]-Any person violating the provisions of the foregoing section, shall be guilty of a misdemeanor and fined not less than five ($5.00) nor more than twenty-five ($25.00) dollars, and shall be liable for all damages that may accrue to the party damaged by reason of said barbed wire fence. [Id.]
CHAPTER 78 a.-SALVAGES.
SECTION 1. [Wrecks.]-When any boat, raft, lumber, staves, shingles, logs, rails, posts, cord-wood, or other valuable timber shall be lost or wrecked upon any river or creek, any person may take up and secure the same. [1883, chap. LXXI.]
SEC. 2. [Payment of premium.]-When any person shall claim such property and shall prove his right to the same before any justice of the peace of the county where said property was taken up, the same shall be restored to such owner upon payment to salvor of a premium of salvage equal to ten per centum
SEC. 107 "An act to prevent the digging of ditches or trenches within less than fifteen feet of the centre line of public highways." [Approved and took effect March 5, 1885.]
SECS. 108, 109. "An act to prohibit the obstructing roads and highways." [Approved March 5, 1885. Took effect June 5, 1885.]