Section 1482. Jurisdiction over. The board of supervisors has the general supervision of the roads in the county, with power to establish, vacate and change them as herein provided, and to see that the laws in relation to hem are carried into effect.

SEC. 1483. Width. Roads hereafter established, unless otherwise fixed by the board, shall be at least sixty-six feet wide, and in no case less than forty; within those limits they may be increased or diminished in width, altered in direction, or vacated, by pursuing the course herein prescribed.

SEC. 1484. Petition. Any person desiring the establishment, vacation or alternation of a road shall file in the auditor's office of the proper county a petition, in substance as follows:

To the Board of supervisors of ______ county:
The undersigned asks that a road commencing at ____ and running thence _____ and terminating at _____ be established, vacated, or altered (as the case maybe).

SEC. 1485. Bond. Before filing such petition, the auditor shall require the petitioner to give a bond, with sureties to be approved by him, conditioned that all expenses growing out of the application will be paid by the obligors, in case the contemplated road is not finally established, altered or vacated as asked in the petition.

SEC. 1486. Commissioner. When the foregoing requirements have been complied with, the auditor shall appoint some suitable and disinterested elector of the county as commissioner, to examine into the expediency of the proposed establishment, alternation or vacation, and report accordingly.

SEC. 1487. Expediency. The commissioner is not 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 no road shall be established through any burying ground, nor through any garden, orchard, or ornamental ground contiguous to any dwelling-house, or so as to cause the removal of any building, without consent of the owner.

SEC. 1488. Report. In forming his judgment, he must -take into account public and private convenience, and the expense of the proposed road, and, if he thinks the public convenience requires it, shall proceed at once to lay the same out, if the circumstances are such as to enable him to having to do so without having the same surveyed; but if, in his judgment, such road should not be established, or the alternation or vacation made, he shall proceed no further, and in either case shall, within thirty days after the day of his appointment, file his report in the auditor's office.

SEC. 1489, Survey made-commissioner sworn. If the precise location of the road cannot not otherwise be given, he must cause the line thereof to be surveyed and plainly marked out, and if he is a person other than the county surveyor, must be sworn to faithfully and impartially discharge his duty, and after thus qualifying, he shall have authority to swear any assistants employed,-to faithfully and impartially perform their duties in aiding him in laying out or altering the road.

SEC. 1490. Mile posts and stakes. Mile posts must be set up at the end and of every mile, and the distance marked thereon, and stakes must be set at each change of direction, on which shall be marked the bearings of the new course. Stakes must also be set at the crossing of fences and streams, and at intervals in the prairie not exceeding a quarter of a mile each; in the timber the course must be indicated by trees suitably blazed.

SEC. 1491. Bearing trees-monuments. Bearing trees must, when convenient, be established at each angle and mile post, and the position of the road relative to the corners of sections, the junction of streams, or any other natural monument or conspicuous object must, as far as convenient, be stated in the field notes and shown on the plat.

SEC. 1492. Plat and field notes. A correct plat of the road or alteration, together with a copy of the field notes of the surveyor, if one has been employed, must be filed as a part of the commissioner's report.

SEC. 1493. Report-objections-claims for damages. If the commissioner's report is in favor of the establishment, alternation or vacation of the road, it shall now show the number of bridges required, and the probable cost, thereof; and the auditor shall appoint a day, not less than sixty nor more than ninety days from such time, when the petition and report will be acted upon, on or before which day all objections to the establishment, alteration or vacation of the road, and all claims for damages by reason of its establishment or alteration, must be filed in the auditor's office.

SEC. 1494. Day fixed. The time for the commissioner to commence the examination shall be fixed by the auditor, and if he fails to so commence, or so report as prescribed in the preceding section, the auditor may fix another the time for making such report, or may appoint another commissioner.

SEC. 1495. Notice served. Within twenty days after the day is fixed by the auditor as above provided, a notice shall be served on each owner of land lying in the proposed road, or abutting thereon, as shown by the transfer in books in the auditor's office, who resides in the county, in the manner provided for the service of original notices. If the owner of the land as thus shown does not reside in the county, similar notice shall be published for four weeks in some newspaper printed in the county. The notice may be in the following form:

To all whom it may concern: The commissioner appointed to locate, vacate, or alter (as the case may be) a road commencing at ____ in _____ county, running thence (describe in general terms all the points as in the commissioner's report, giving the names of the owners of the land through which the proposed road passes as they appear upon the transfer books of the auditor's office), and terminating at _____ has reported in favor of the establishment, vacation, or alternation thereof, and all objections thereto, or claims for damages, must be filed in the auditor's office on or before noon of the ____ day of ____ A.D. ___, or such road will be established, vacated or altered without reference thereto.

_____________ County Auditor

SEC. 1496. Auditor may act-approved by board. If no objections or claims for damages are filed on or before noon of the day fixed therefore, and the auditor is satisfied the provisions of the preceding section have been complied with, he shall proceed to establish, alter or vacate such road as recommended by the commissioner, upon the payment of costs. If such costs are not paid within ten days, the auditor shall report his action in the premises to the board of supervisors at its next session, who may affirm the action of the auditor, or establish such road at the expense of the county.

SEC. 1497. New notice given. If the auditor is satisfied that the notice has not been given, he shall appoint another day, and cause such notice to be served or published as required in the first instance, and thereafter proceed as provided above.

SEC. 1498. Objections or claims. If objections to the establishment of the road or claims for damages are filed, the further hearing of the application shall stand continued to the next session of the board of supervisors held after the commissioners appointed to assess the damages have reported. All claims for damages and objections to the establishment, alteration or vacation of the road must be in writing, and the statements in the application for damages shall be considered denied in all subsequent proceedings.

SEC. 1499. Appraisers appointed. Upon the expiration of the time for filing claims for damages, if any are filed, the auditor shall appoint three disinterested electors of the county as appraisers, to assess the amount of damages any claimants may sustain by reason of the establishment or alteration of such road, and shall give them notice of their appointment, and fix a day and hour at which they shall meet at his office, or that of some justice of the peace, to qualify; and if they do not all appear at the time and place named, or within one hour thereafter, the auditor or justice, as the case might be, shall fill any vacancies by the appointment of others, and swear such appraisers to faithfully and impartially assess the damages claimed. Such appraisers shall proceed at once to perform their duties, and, after assessing the damages sustained by the claimants, respectively, shall report the amount sustained by each, in writing, to the auditor, within thirty days from the date of their appointment.

SEC. 1500. Postponement-costs. Should the report not be filed in time, or should any good cause for delay exist, the auditor may postpone the time for final action on the subject, and may, if necessary, appoint other appraisers. Should no damages he awarded the applicants therefor, all the costs growing out of their claims shall be paid by them.

SEC. 1501. Final action. When the time for final action arrives, the board may hear testimony, receive petitions for and remonstances against the establishment, vacation or alteration, as the case may be, of such road, and may establish, vacate or alter, or refuse to do so, as in their judgment, founded on the testimony, the public good may require. Said board may increase or diminish the damages allowed by the appraisers, and may make such establishment, vacation or alteration conditioned upon the payment, in whole or in part, of the damages awarded, or the expenses in relation thereto.

SEC. 1502. Unconditional order. In the latter case, a day shall be fixed for the performance of the condition, which must be before the next session of the board, and, if the same is not performed by that day, it shall at such session make some final and unconditional order in the premises.

SEC. 1503. Record. Any order made or action taken in the establishment, alteration or vacation of a road shall be entered in the road record, distinguishing between those made or taken by the auditor and those by the board of supervisors.

SEC. 1504. Plat and field notes recorded-road opened. After a road has been finally established or altered, the plat and field notes must be recorded by the auditor, who shall certify the same to the township clerk, and the supervisors of roads shall be directed by him to have the same opened and worked, subject to the provisions of the next section.

SEC. 1505. Fences-crops. A reasonable time must he allowed to enable the owners of land to erect the necessary fences adjoining the new road; and when crops have been planted or sowed before the road is finally established, the opening thereof shall be delayed until the crop is harvested.

SEC. 1506. Minors-insane Persons. The rights and interests of minors and insane persons in relation to the establishment, vacation and alteration of roads, and all matters connected therewith, are under the control of their guardians.

SEC. 1507. Streets in villages. All public streets of villages are a part of the road; and all road supervisors or persons having charge of the same, in the respective districts or villages, shall work the same as provided by law.

SEC. 1508. In cities or towns. Such portions of all roads as lie within the limits of any city or town shall conform to the direction and grade and be subject to all regulations of other streets in such town or city.

SEC. 1509. By trustees of state institutions. The trustees or commissioners of the institutions belonging to the state may vacate, alter, change or establish public highways through the lands belonging to the state, and for the use of such institutions, as the said board of trustees or commissioners may deem for the best interests of the state and public, subject, however, to the approval of the board of supervisors of the county, or the city council of the city, wherein such lands are situated.

SEC. 1510. County line roads. The establishment, vacation or alteration of a road, either along or across a county line, may be effected by the concurrent action of the respective boards of supervisors in the manner above prescribed. The commissioners in such cases must act in concert, and the road shall not be established, vacated or altered in either county until it is so ordered in both.

SEC. 1511. General control-,concurrent action. All roads, whether established by the trustees of state institutions under the statute or by the county authorities, are subject to the provisions of this chapter, and those established by the joint action of boards of supervisors of two or more counties can be altered or discontinued only by the joint action of the boards of the counties in which situated. Subject to these provisions, they shall be in all other respects treated, managed and controlled as provided in this title. The term "road," as used in this code means any public highway, unless otherwise specified.

SEC. 1512. Consent highways. Roads may be established without the appointment of a commissioner, if the written consent of all the owners of the land to be used for that purpose be first filed in the auditor's office, and the board, if satisfied that the proposed road is of sufficient public importance to be opened and worked by the public, shall make an order establishing the same. If a survey is necessary, the board, before ordering the same, may require the parties asking such establishment to pay or secure the payment of the expenses thereof.

SEC. 1513. Appeals-from what taken. Any applicant for damages caused by the establishment or alteration of any road may appeal from the final decision of the board to the district court of the county in which the land lies, notice of which appeal must be served on the county auditor within twenty (lays after the decision is made. If the road has been established or altered on condition that .the petitioners therefor pay the damages, such notice shall be served on the four persons first named in the petition, if there be that many residing in the county, in the manner in which an original notice may be served.

SEC. 1514. Petitioner. An appeal may be taken by the petitioner as to the amount of damages, if the establishment or alteration has been made conditional upon paying the damages, by serving notice thereof on the county auditor and applicant for damages, in the manner in which original notices are served, and within twenty days after the decision of the board, and filing a bond in the office of such auditor, with sureties to be approved by him, conditioned for the payment of all costs occasioned by such appeal, if the appellant fails to recover a more favorable judgment in the district court than was allowed him by such board.

SEC. 1515. Transcript filed. When an appeal has been taken the auditor shall, within ten days thereafter, make out and file in the office of the clerk of said court a transcript of the papers on file in his office, and proceedings of the board of supervisors in relation to such damages. The claimant for damages shall be plaintiff and the petitioners defendants, except the damages have been ordered paid out of the county treasury, in which case the county shall be defendant.

SEC. 1516. Proceedings in court. The amount of damages the claimant is entitled to shall be ascertained by the court in the same manner as in actions by ordinary proceedings, and the amount ascertained shall be entered of record, but no judgment rendered therefor. The amount thus ascertained shall be certified by the clerk to the board of supervisors, who shall thereafter proceed as if such amount had been by it allowed the claimant as damages.

SEC. 1517. Costs. If the appeal be taken by the petitioners, they shall pay the costs, unless the claimant recovers a less amount than was allowed them by the board. In all other cases the taxing of the costs shall rest in the discretion of the court.

SEC. 1518. Lost field notes-resurvey. When, by reason of the loss or destruction of the field notes of the original survey, or of defective surveys or record, or of numerous alterations since the original survey, the location of any road cannot be accurately determined, the board of the proper county may cause it to be resurveyed, platted and recorded, as hereinafter provided.

SEC. 1519. Plat and field notes filed-notice given. A copy of the field notes, together with the plat of any road surveyed under the provisions of the preceding section, shall be filed in the office of the county auditor, and thereupon he shall give notice, in some newspaper published within the county, that at some term of the board therein named, not less than twenty days from the publication, it will, unless good cause be shown against so doing, approve of such survey and plat, and order them to be recorded as in cases of the original establishment of a public road.

SEC. 1520. Proceedings-record. In case objection shall be made by any person claiming to be injured by the survey so made, the board shall have power to hear and determine the matter, and may, if thought advisable, order a change to be made in the survey. If, upon the final determination, the board shall file a said survey is correct, it shall approve the same, and cause the field notes and plat thereof to be recorded as in case of the establishment or alteration of roads, and thereafter such records shall be received by all courts as conclusive proof of its establishment according to such survey and plat.

SEC. 1521. Road plat book. If the same has not been heretofore done, the county auditor shall cause every road in his county, the legal existence of which is shown by the records and files in his office, to be platted in a book to be obtained and kept for that purpose and known as the "road plat book." Each township shall be platted separately, on a scale of not less than four inches to the mile, and such auditor shall have all changes in or additions to the roads legally established immediately entered upon said plat book, with appropriate references to the files in which the papers relating to the same may be found. The auditor shall, from time to time, notify the clerk of each township of all changes made in the roads thereof, and on receipt of such notice be shall immediately make corresponding changes on the highway plat book in his office, and shall, in case such plat book is lost or is found to be substantially inaccurate, procure a new one, or cause corrections to be made, at a reasonable expense, to be paid out of the general township fund.

SEC. 1522. Sidewalks on highways. Any owner of land adjoining a public road outside the limits of a city or town may construct a sidewalk on and along said road, which shall not exceed four feet in width, and be located along the side thereof, of any material suitable for a foot-walk, but it shall not be so constructed as to interfere with the proper use and enjoyment of any lands or premises along which it is laid. The person building such walk shall keep the same in repair.

SEC. 1523. Penalty for injury to. Any person who shall destroy, injure, drive or ride upon a sidewalk so constructed, except at road crossings, shall be guilty of a misdemeanor, and shall be fined not less than five dollars for each offense, and shall be liable to the party who has built or maintained said sidewalk for all damages caused thereby.

SEC. 1524. Cattle-ways across highways. Upon application to the board of supervisors of any county by any person for permission to construct a cattle-way across, over or under any public road, it may grant the same upon condition that such way shall not interfere with the public travel; that the grade of the road over the cattle-way shall not exceed one foot in ten feet; and that it shall not obstruct watering at any running stream. The applicant shall construct the same at his own expense, and be responsible for all damages that may arise from its construction, or from the same not being kept in repair. SEC. 1525. Repairs. If the person on whose land such cattle-way is constructed fails to keep the same in repair, it shall 'be the duty of the road supervisor to make all necessary repairs, and charge the same to the owner of the land upon which such way is constructed, and, upon his refusal or failure to pay, the supervisor shall recover the same in an action brought in his own name, which money, when collected, shall be expended in' improving or repairing the public roads in the road district where such cattle-way is constructed.

SEC. 1526. Application for. Any person desiring to build a cattle-way across a public highway, under any township bridge, may apply to the board of trustees of the township wherein the same is to be located, at any meeting thereof, and it may grant such application, and prescribe such conditions in regard to the maintenance of said bridge as it may think proper.

Sac. 1527. Laying out public highway fees. The following fees shall be paid persons engaged in laying out and changing roads:

1. Commissioners, for each day, two dollars.
2. Surveyor, for each day, four dollars.
3. Chain carriers, markers, and other assistants, for each day, one dollar and fifty cents.

If the road extends into more than one county, such expenses when so adjudged shall be paid by the several counties in proportion to the length of time occupied on the road in each county.

CHAPTER II.

OF WORKING ROADS.

Section 1528. Powers and duties of trustees. The township trustees of each township shall meet on the first Monday in April, or as soon thereafter as the assessment book is received by the township clerk, and on the first Monday in November, in each year. At the April meeting, said trustees shall determine:

1. The amount of property tax to be levied for roads, bridges, guide-boards, plows, scrapers, tools, and machinery adapted to the construction and repair of roads, and for the payment of any indebtedness previously incurred for road purposes, and levy the same, which shall not be less than one nor more than four mills on the dollar on the amount of the township assessment for that year, which, when collected, shall be expended under the direction and order of the township trustees;
2. Whether any portion of said tax shall be paid in labor, and, if so, what portion;
3. The amount that will be allowed for a day's labor done by a man, and by a man and team, on the road, to certify to the board of supervisors the desire for an additional road tax, of not to exceed one mill, to be levied in whole or in part by the board of supervisors as hereinafter provided. At the November meeting, they may divide their respective townships into such number of road districts as may be necessary for the public good, and shall settle with the township clerk and supervisors of roads.

SEC. 1529. General township fund-clerk to give bond - custody of implements. The trustees shall set apart such portion the tax provided in the preceding section as may be necessary for the purpose of purchasing the tools and machinery and paying for the guideboards mentioned therein, and the same shall constitute a general township fund; and they shall require the township clerk to give bond in such sum as they may think proper, conditioned as the bonds of the county officers, which bond, and the sureties thereon, shall be approved by them. said clerk shall have charge of and properly preserve and keep in repair such tools, implements and machinery as may be purchased, and may determine at what time the supervisors of the several road districts may have the use of the same or any part thereof, and he shall be responsible for the safe keeping of the same when not in the custody of some one of the supervisors, and shall receive such compensation as they shall provide, to be paid out of such fund.

SEC. 1530. County road fund-how levied and laid out. The board of supervisors of each county may, at the time of levying taxes for other purposes, levy a tax of not more than one mill on the dollar of the assessed value of the taxable property in its county, including all taxable property in cities and incorporated towns, which shall be collected at the same time and in the same manner as other taxes, and be known as the county road fund, and paid out only on the order of the board for work done on the roads of the county in such places as it shall determine; but so much of the county road fund as arises from property within any city or incorporate town shall be expended on the roads or streets within such city or town, or on the roads adjacent thereto, under the direction of the city or town council; and the county treasurer shall receive the same compensation for collecting this tax as he does for collecting corporation taxes. In case the board of supervisors do not make a levy for county road fund, or levy less than one mill for said county road fund, the board of supervisors shall levy such an additional sum for the benefit of such townships as have certified a desire for such additional levy as provided for in section fifteen hundred and twenty-eight of this chapter; but the amount for the general township fund and the county road fund shall not exceed in any year five mills on the dollar.

SEC. 1531. Expenditure. It shall, at the regular meeting in April, determine from the auditor's and treasurer's books the amount of money collected and credited to said road tax fund. It shall also determine the manner in which said tax shall be expended, whether by contract or otherwise.

SEC. 1532. One road district Plan. The board of township trustees, at its regular meeting in April, may consolidate the road districts thereof into one road district, and it may, at such meeting, subdivide, returning to the former plan of road work, after a-three years' trial of the single district system. If this system shall be adopted, the road fund belonging to the several road districts shall at once become a general township road fund out of which all claims for work done or material furnished for road purposes prior to the change, and unsettled, shall be paid.

SEC. 1533. Duty of trustees. Where the one road district plan is adopted, the board of township trustees shall order and direct the expenditure of the road funds and labor belonging or owing to the township; may let, by contract, to the lowest responsible, competent bidder, any part or all of the work on the roads for the current year, or may appoint a township superintendent of the roads, with one or more assistants, to oversee, subject to the direction of the board, all or any part of the work, but it shall not incur an indebtedness for such purposes unless the same has been or shall at the time be provided for by an authorized levy; and may order the township road tax for the succeeding year paid in money and collected by the county treasurer as other taxes. It shall cause both the property and poll road tax to be equally and judiciously expended for road purposes in the entire road district; shall cause at least seventy-five per cent of the township road tax to be thus expended by the fifteenth day of July in each year; shall cause the noxious weeds growing in the roads to be cut twice a year, when necessary, and at such times as to prevent their seeding, and it may allow any land owner a reasonable compensation for the destruction thereof, when growing in the roads abutting upon his land, and credit him therefore on his road tax for that year. If a superintendent of roads and an assistant are employed, it shall fix the term of office, which shall not exceed one year, and compensation, which shall not exceed three dollars a day; and no contract shall be made without reserving the right of the board to dispense with his services at its pleasure.

SEC. 1534. Qualifications of officers. The trustees shall require the township clerk, contractor and superintendent, contemplated in this plan, each to qualify as other township officers, and to execute a bond with approved sureties for twice the amount of money likely to come into their hands respectively.

SEC. 1535. Day's work. Eight hours service for a man, or man and team, shall be required for a day's work; but except on extraordinary occasions no person shall be required to go more than three miles from his place of residence to work, and, for the purposes of one road district plan, the residence of a man with a family shall be construed to be where his family resides, and for a single man, it shall be at the place where he is at work.

SEC. 1536. Contractors and superintendents. The powers, duties and accountability imposed on road supervisors, so far as may be, under the one road district plan, shall apply to contractors, superintendents and assistants.

SEC. 1537. Township system takes effect. In all cases where the one road district plan for the township shall have been adopted, it shall be competent for the township trustees to designate when the same shall take effect as to the working of the roads.

SEC. 1538. Compensation of trustees, treasurer and clerk. The trustees shall receive the same compensation per day for time necessarily spent in looking after the roads as they do for other township business; the county treasurer shall receive the same per cent for collecting the road taxes here contemplated that he does for collecting corporation taxes; and the township clerk shall receive two per cent, of all the money thus coming into his hands and by him paid out for road purposes.

SEC. 1539. Furnish Plat. The township clerk shall furnish each road supervisor a copy of so much of the map or plat furnished him by the auditor as relates to the roads in his district, and from time to time shall mark thereon the changes in or additions to such roads as the same are certified to him by the auditor, which map or plat shall be transferred to his successor in office.

SEC. 1540. Tax list. He shall, within four weeks after the trustees have levied the property tax, make out a tax list for each road district in his township, which shall be in tabular form and alphabetical order, having distinct columns for lands, town lots and personal property, and contain in a separate column the amount of the tax on each piece of land and town lot, and that on the amount of personal property belonging to each individual, and in another column the amount of the tax to be paid in money due from each individual. This list shall contain the names of all persons required to perform two days' labor upon the road as a poll tax. To enable him to make out such tax list, the assessor shall furnish the clerk of each township, on or before the first day of April in each year, a correct copy of the assessment lists of said township for that year, which shall be the basis of such tax list. The county auditor shall furnish the several township clerks of his county with the necessary printed blanks.

SEC. 1541. Collection of Tax. He shall make an entry upon such tax list, showing what road district and year it is for, and attach thereto his warrant under his hand, in general terms requiring the supervisor of such district to collect the taxes therein charged, and no informality in the above requirements shall render any proceedings for the collection of such taxes illegal. He shall cause such lists to be delivered to the proper supervisors of his township within thirty days after the levy, and take receipts therefor; and such lists shall be sufficient authority for the supervisor to collect all taxes therein charged against resident property holders in his district.

SEC. 1542. Delinquent tax certified. He shall on or before the second Monday in November in each year, make out a certified list of all lands, town lots and personal property on which the road tax has not been paid, and the amount of tax charged on each parcel of land, town lot or personal property, designating the district in which the same is situated, and transmit the same to the Auditor, who shall enter the amount of tax the same as other taxes, and deliver the same to the County Treasurer, charging him therewith, which shall be collected by him in the same manner that county taxes are collected In case the township clerk shall fail or neglect to make such return, he shall forfeit and pay to the township for road purposes a sum equal to the amount of tax on said land, which may be collected by an action on his bond.

SEC. 1543. Taxes paid to clerk. The county treasurer shall, on the last Monday in April and October in each year, pay to the township clerk all the road taxes belonging to his township, which are at such time in his hands, taking the duplicate receipts of such clerk therefor, one of which shall be delivered by the treasurer to the trustees on or before the first Monday it May and November in each year.

SEC. 1544. Road taxes apportioned. The county auditor shall provide a column in tax list, in which shall be shown the road districts to which the road taxes belong, and the treasurer, when he pays the same to the several township clerks, shall furnish each a statement, showing the district or districts to which the money belongs, and the amount to each.

SEC. 1545. Supervisor-qualification. Each road supervisor shall give bond in such sum and with such security as the township clerk may require (but in no case shall a township trustee sign such bond as surety), conditioned that he will faithfully and impartially perform all the duties required of him, and devote all moneys that may come into his hands by virtue of his office, according to law. If a vacancy occurs in any road district, the clerk shall fill the same by appointment, but no person shall be required to serve as such supervisor who is exempt from performing labor on the roads.

SEC. 1546. Notice to--penalty for refusing to serve. Within five days after his election or appointment, the township clerk shall notify the road supervisor elected or appointed thereof, and if he shall fail to appear and qualify, as required by law, he shall forfeit and pay the sum of five dollars, and in case of refusal to pay the same his successor shall collect it by action, and apply the same to the repairing of roads in his district.

SEC. 1547. Posting tax list. The road supervisor shall, within ten days after receiving tax list, post up in three conspicuous places within his district written notices of the amount assessed to each taxpayer in said district.

SEC. 1548. How tax expended. The road supervisor shall cause all taxes collected by him to be expended for road purposes on or before the first day of November of that year, seventy-five per cent of which shall be expended before the fifteenth day of July, except the portion set apart for a general township fund, which shall be by him paid over to the township clerk from time to time as collected, and his receipt taken therefore.

SEC. 1549. In each district. The money tax levied upon the property in each district, except that portion set apart as a general township fund, whether collected by the road supervisor or county treasurer, shall be expended for road purposes in that district only.

SEC. 1550. Who to perform labor. The road supervisor shall require all able-bodied male residents of his district, between the ages of twenty-one and forty-five to perform two days' labor upon the roads, between the first days of April and September of each year.

SEC. 1551. Notice of time and place - receipts. The road supervisor shall give at least three days notice of the day or days and place to work the roads to all persons subject to work thereon, or who are charged with a road tax within his district, and all persons so notified must meet him at such time and place, with such tools, implements and teams as he may direct, and labor diligently under his direction for eight hours each day; and for such two days of labor the supervisor shall give him a certificate, which shall be evidenced he has performed such labor on the public roads, and exempt him from performing labor in payment of road poll tax in that or any other road district the same year. The road supervisor shall give any person who may perform labor in payment of his road tax a receipt, showing the amount of money earned by such labor, which shall be evidence of the payment of said tax the amount specified in the receipt.

SEC. 1552. Penalty for failure to attend or work. Each person liable to perform labor on the roads as poll tax, who fails to attend, either in person or by satisfactory substitute, at the time and place directed, with the tools, implements or teams required, having had three days' notice thereof, or, appearing shall spend his time in idleness, or disobey the road supervisor, or fail to furnish him, within five days thereafter some satisfactory excuse for not attending it shall forfeit and pay him the sum of three dollars for each day's delinquency and in case of failure to pay such forfeit within ten days, he shall recover same by action in his name as supervisor, and no property or wages belonging to such person shall be exempt from execution therefor. Such action shall be before any justice of the peace in the proper township. The money, when collected, shall be expended on the public roads.

SEC. 1553. Compensation of supervisor. The road supervisor shall be allowed the sum of two dollars per day for each day's labor, as necessarily spent in notifying the hands and making out his returns which sum shall be paid out of the road fund, after deducting his two days' work. When there is no money in the hands of the clerk with which to pay him, he shall be entitled to receive a certificate for the amount of labor performed, which shall be received in payment of his own road tax for any succeeding year.

SEC. 1554. Report. The supervisors of the several districts of each township shall report to the township clerk on the first Monday of April and November of each year, which report shall embrace the following items:

1. The names of all persons in his district required to perform labored on the public road, and the amount performed by each;
2. The names of all persons against whom actions have been brought, and the amount collected of each;
3. The names of all persons who have paid their property road tax labor, and the amount paid by each;
4. The names of all persons who have paid their property tax in money and the amount paid by each;
5. A correct list of all lands and town lots belonging to non-residents of the district on which the road tax has been paid, and the amount paid by each;
6. A correct list of all lands and town lots belonging to non-residents the district on which the road tax has not been paid, and the amount on each piece;
7. The amount of all moneys coming into his hands by virtue of his office and from what sources;
8. The manner in which moneys coming into his hands have been expended, and the amount, if any, in his possession;
9. The number of days he has been employed in the discharge of duty;
10. The condition of the roads in his district and such other items and suggestions as he may wish to make, which report shall be signed and sworn to by him, and filed by the township clerk in his office.

SEC. 1555. Tax certified and collected. If it appears from such report that any person has failed to perform the two days' labor required, or any part thereof, and that the road supervisor has neglected to collect in the money required to be paid in case of such failure, the clerk shall add the amount required to be paid to such person's property tax, and certify the same to the auditor, who shall enter it on the proper tax list, and the treasurer collect the same.

SEC. 1556. Shade trees-timber-drainage. The road supervisor shall not cut down or injure any tree growing by the wayside which does not obstruct the road, or which stands in front of any town lot, inclosure or cultivated field, or any ground reserved for any public use, and shall not enter upon any lands for the purpose of taking timber therefrom without first receiving permission from the owner or owners of said lands, nor destroy or injure the ingress or egress to any property, or turn the natural drainage of the surface water to the injury of adjoining owners; but it shall be the duty of the supervisor to use strict diligence in draining the surface water from the public road in its natural channel, and to this end he may enter upon the adjoining lands for the purpose of removing obstructions from such natural channel that impede the flow of such water.

SEC. 1557. Liability for unsafe bridge or highway. When notified in writing that any bridge or portion of the public road is unsafe, the road supervisor shall be liable for all damages resulting therefrom, after allowing a reasonable time for repairing the same. If there is in his district any bridge erected or maintained by the county, he shall, on receiving written notice of its unsafe condition, obstruct the passage thereon, and notify at least one board of supervisors, in writing, of its condition. If he fails to obstruct and notify, he shall be liable for all damages growing out of the unsafe condition thereof, occurring after the time he is so notified and while he neglects to obstruct such passage. Any person who shall remove such obstruction shall be liable for all damages occurring to any person resulting therefrom. but nothing herein contained shall be construed to relieve the county from liability for the defects of said bridge.

SEC. 1558. Extraordinary repairs. For making such repairs as are required in the preceding section, the road supervisor may call out any or able-bodied men of the district in which they are to be made. but not more than two days at one time without their consent, and persons so called out shall be entitled to receive a certificate from him of the number of days' labor performed, which shall be received in payment for road tax for that or any succeeding year, at the rate per day established for that year.

SEC. 1559. Penalty. Any able-bodied man, duly summoned, who fails to appear and labor by himself or substitute, or send satisfactory excuse therefor or pay the value thereof in money before an action is brought, shall forfeit and pay ten dollars, to be recovered in an action in the name of the road supervisor, and for the use of the road fund of the district.

SEC. 1560. Obstructions removed. The road supervisor shall remove all obstructions in the roads, but must not throw down or remove fences which do not directly obstruct travel, until notice in writing, not exceeding six months, has been given to the owner of the land inclosed in part by such fence.

SEC. 1561. Condition-guide boards. The road supervisor shall keep the roads in as good condition as the funds at his disposal will permit, and shall place guide-boards at cross roads and at the forks of the roads in his district which shall be made out of good timber, well painted and lettered, and placed upon good substantial hard-wood posts, to be set four feet in, and at least eight feet above ground.