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Ch. 58, 59)

Highways

CHAPTER 58.

(House Roll No. 324.)

[Introduced by Mr. Ainlay.]

159

AN ACT to amend Section 2856, Revised Statutes of 1913, and to repeal said original section, and to declare an emergency.

Be it Enacted by the People of the State of Nebraska:

Section 1. Amendment.-That Section 2856, Revised Statutes for 1913, is hereby amended to read as follows:

2856 Sec. 3. Public roads defined.-All roads within this state which have been laid out in pursuance of any law in this state, and which have not been vacated in pursuance of law, and all roads located and opened by the county board of any county and traveled for more than ten years, are hereby declared to be "public roads," and no such road or any part thereof shall be vacated or changed without the consent of the majority of the voters living within two miles of the road and not living in a village or city.

Sec. 2. Repeal. That said original Section 2856, Revised Statutes of 1913, is hereby repealed.

Sec. 3. Emergency.-Whereas, an emergency exists, this act shall take effect and be in force from and after its passage and approval.

Approved, April 19, 1917.

CHAPTER 59.

(House Roll No. 323.)

[Introduced by Messrs. Dau and Shaffer.]

AN ACT to amend Section 2859, Revised Statutes of 1913, as amended by Chapter 52, Session Laws of 1915, and Sections 2860 and 2869, Revised Statutes of 1913, to repeal said original sections and also Section 2865, Revised Statutes of 1913, all relating to road view.

Be it Enacted by the People of the State of Nebraska:

Section. 1. Amendment.-That Section 2859, Revised Statutes of 1913, as amended by Chapter 52, Session Laws of 1915,

and Sections 2860 and 2869, Revised Statutes of 1913, are hereby amended to read as follows:

2859 Sec. 6. Highways-establishment-views, how appointed. Upon compliance with the foregoing provisions, and whenever a legal petition or resolution of the county board as herein provided, is filed with the county clerk, he shall notify the county surveyor to view and to report upon the expediency of the proposed road, alteration or vacation.

2860. Sec. 7. The county surveyor 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 such road must not be established through any burying 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.

2869 Sec. 16. Highways-establishment.-If the report of the county surveyor be in favor of establishing or altering the road, the county clerk must appoint a day, not less than sixty. nor more than ninety days, on or before which day all objections to the establishment or alteration of the road and all claims for damages by reason thereof, must be filed with the county clerk.

Sec. 2. Repeal.-That said original Section 2859, Revised Statutes of 1913, as amended by Chapter 52, Session Laws of 1915, and Sections 2860, 2869 and 2865, Revised Statutes of 1913, are hereby repealed.

Approved, April 14, 1917.

CHAPTER 60.

(House Roll No. 307.)

[Introduced by Mr. Radke.]

AN ACT to amend Section 2860, Revised Statutes of 1913, relating to the establishment, alteration and abandonment of highways and bridges and to repeal said original section.

Be it Enacted by the People of the State of Nebraska:

Section 1. Amendment. That Section 2860, Revised Statutes of 1913, is hereby amended to read as follows:

Ch. 60, 61)

Road Overseer-Salary

161

2860 Sec. 7. Highways-establishment-powers of commissioner. 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 such road must not be established through any burying 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, except in cases where conditions make it absolutely necessary.

Sec. 2. Repeal. That said original Section 2860, Revised Statutes of 1913, is hereby repealed.

Approved, April 25, 1917.

CHAPTER 61.

(Senate File No. 186.)

[Introduced by Mr. McAllister.]

AN ACT to amend Section 2943, relating to road districts and overseers, and to repeal said original section.

Be it Enacted by the People of the State of Nebraska:

Section 1. Amendment.-That Section 2943, Revised Statutes of 1913, is hereby amended to read as follows:

2943 Road overseers-compensation.-The compensation of the overseer of each district, shall be such sum as the township board in counties under township organization, otherwise by the county board, may deem just and proper but in no event to exceed three dollars per day, for all the time necessarily employed in the discharge of his duties as road overseer. Such compensation shall be paid out of the district road fund.

Sec. 2. Repeal.-That said original Section 2943, Revised Statutes of 1913, is hereby repealed.

Approved, April 20, 1917.

CHAPTER 62.

(House Roll No. 414.)

[Introduced by Mr. Neff.]

AN ACT to amend Section 2987, Revised Statutes of 1913, as amended by Chapter 58, Session Laws of 1915, relating to the construction and repair of bridges and culverts, and to repeal said original section.

Be it Enacted by the People of the State of Nebraska:

Section 1. Amendment.-That Section 2987, Revised Statutes of 1913, as amended by Chapter 58, Session Laws of 1915, is hereby amended to read as follows:

2987 Sec. 134. Highways-bridges and culverts-construction. It is hereby made the duty of the county boards or other officials having charge of highways in the various counties, whenever any bridge or culvert is constructed, reconstructed or overhauled, to use in the floors of the same planking not less than three inches in thickness, when wood is employed, and to so construct new wooden bridges that they will sustain a concentrated moving load of not less than fifteen tons and all other new bridges so that they will sustain a concentrated moving load of not less than twenty tons: Provided, that all new bridges on main traveled roads between cities and towns shall be of twenty ton capacity, but that bridges on other roads may be of fifteen ton capacity whenever the county board deems same sufficient, and the county board shall plainly mark, or cause to be marked, with metal or other sign, all bridges of new construction or repaired as follows: "This bridge fifteen tons capacity" or, "This bridge twenty tons capacity," as the case may be. All culverts shall be so constructed that the floors of the same shall not extend above the level of the adjacent road, and on all main traveled roads shall be at least twenty feet long, and all bridges shall be built on straight lines with the direction of the adjacent roads, whenever practicable. All fills approaching any culvert or bridge shall have a width equal to the length of the culvert or width of the bridge to a distance of fifty feet on either side thereof. Provided, further, it is hereby made the duty of such board and officials to place at the ends of each culvert now in use or which may hereafter be erected a post six inches in diameter painted white, which post shall be of a height not less than four feet above the level of the adjacent road: Provided further, in counties under town

Ch. 62, 63)

Fairs-County Aid

163

ship organization, town boards shall repair, or construct bridges and culverts in accordance with this article.

The failure of the officials having in direct charge the roads, highways, culverts and bridges of the various counties to perform the duties herein required shall be deemed a misdemeanor and the person so offending shall be fined in any sum not exceeding $100, or imprisoned in the jail of the county not exceeding sixty days. Sec. 2. Repeal. That said original Section 2987, as amended by Chapter 58, Session Laws of 1915, is hereby repealed.

Approved, April 25, 1917.

CHAPTER 63.

(House Roll No. 283.)

[Introduced by Messrs. Gormly, Parkinson and Oscar Anderson]

AN ACT to amend Section 3019, Cobbey's Annotated Statutes of Nebraska for 1911, relating to County aid to fairs and to repeal said original section; to repeal Section 6, Revised Statutes for 1913, and Chapters 7 and 8 of the Session Laws of 1915.

Be it Enacted by the People of the State of Nebraska:

Section 1. Amendment.-That Section 3019, Cobbey's Annotated Statutes of 1911, is hereby amended to read as follows:

3019 County aid to fairs.-Whenever twenty or more persons, residents of any county in this state, shall organize themselves into a society for the improvement of agriculture within. said county, and shall have adopted a constitution and by-laws agreeable to the rules and regulations furnished by the usual and proper officers and when the said society shall have raised and paid into the treasury, by voluntary subscription or by fee imposed upon its members, any sum of money, in each year not less than fifty dollars, and whenever the president of said society shall certify to the county clerk the amount thus paid the county board shall order a warrant to be drawn on the general fund of said county in favor of the president of the said society for the sum of five cents on each inhabitant of said county upon a basis of the last vote for the member of congress in said county, allowing

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