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(House Roll No. 212.)
[Introduced by Messrs. Dorsey, Stuhr and Rickard.]
AN ACT to require Boards of County Commissioners and supervisors to designate certain roads in their respective counties as "county roads" and to provide that such county roads shall be maintained at the expense of the county; to empower the State Board of Irrigation, Highways and Drainage to consider and decide objections on the part of freeholders to such designation; to require such county boards to appoint county highway commissioners; to establish a complete system of county roads; to provide for powers and duties of such county highway commissioners and of the said county boards; to amend Sections 3062 and 3063 of the Revised Statutes of Nebraska for 1913 as amended by Chapter 63 of the Session Laws of Nebraska for 1915 and to repeal said original sections and Chapter 63 of the Session Laws of 1915.
Be it Enacted by the People of the State of Nebraska:
Section 1. County roads-designated. The board of county commissioners or supervisors of each county shall, within one month after the taking effect of this act, select and designate from the laid out and platted public roads within the county certain roads to be known as "county roads," which shall be direct highways connecting cities, villages, and market centers, and shall be main traveled roads. As soon as said county roads are so designated, the board of county commissioners or supervisors shall cause said county roads to be plainly marked on a map, and said map shall be deposited with the county clerk, and shall be open to public inspection. Upon filing said map the county clerk shall at once fix a date of hearing thereon, which shall not be more than twenty days, nor less than ten days, from said date of filing, and notice of the filing of said map and of the date of said hearing shall be published in one. issue of each newspaper published in said county. At any time before said hearing is concluded any ten freeholders of the county may file a petition with the county clerk asking for any change in said designated roads, setting forth the reason for the proposed change, accompanied with a plat showing such proposed change. If no agreement is reached between the county board and the petitioners at said hearing, the county clerk shall forward said map, together with all petitions and plats, if any, to the State Board of Irrigation, Highways and
Drainage. If no objections are filed and no hearing had, or if an agreement is reached, the roads so designated on said map shall be conclusively established as such county roads.
Sec. 2. Same-maps-plats etc.-The State Board of Irrigation, Highways and Drainage shall, upon receipt of said maps, petitions and plats, proceed to examine the same, and, shall determine the lines to be followed by the said county roads, having regard to volume of traffic, continuity and cost of construction. The said Board shall, not later than twenty days from the receipt thereof, return said papers to the county clerk, together with the decision of said board in writing, duly certified, and accompanied by a plat showing the line of said county road as finally determined. The county clerk shall file the said papers and record the said decision, and the same shall be conclusive as to the line of the county roads established therein.
Sec. 3. Maintenance cost.-All county roads designated in accordance with the preceding sections of this act shall be maintained at the expense of the county. The Boards of county commissioners or supervisors of the several counties may, at any time, add other roads to the county road system provided for in this act, but the same procedure set forth in the preceding sections of this act for the establishment of the said county road system must be followed in the case of roads added thereto; and the total mileage included in said county road system shall not exceed twenty per cent of the total mileage of all the public highways within the county.
Sec. 4. Same-road machinery for. It shall be the duty of the boards of county commissioners and supervisors to purchase and provide suitable and adequate graders, rollers, and all other machinery, tools and appliances necessary for the efficient maintenance and repair of the county roads; and it shall be the duty of the county highway commissioner to devote his time constantly to keeping the system of county roads in perfect condition and repair, and to see that the same are regularly dragged.
Sec. 5. Road districts-divide into. As soon as the county roads have been designated and established as provided in this act, the county highway commissioner shall, in writing, divide said roads into sections, designating each section by some appropriate number, name or letter, and clearly designating the
County Highway Commissioners
starting point and terminus of each such section, and such designation shall be recorded at length in the office of the county clerk in a county road book, whereupon the county highway commissioner shall proceed to survey said roads and report to the county board of commissioners or supervisors the plan for the road, bridge, tile and culvert work thereon. Such survey and report shall be the basis and with the object in view of the permanent improvement of said county roads, as to bridge, culvert, tile and road work. Such survey and report shall consist of an accurate plan and profile of said roads showing cuts and fills and outline of grades, with careful attention to drainage and said plan profile shall show all existing bridges, culverts and grades.
Sec. 6. Amendment.-Section 3062 of the Revised Statutes of Nebraska for 1913 as amended by Chapter 63 of the Session Laws of Nebraska of 1915, is hereby amended to read as follows:
3062 Sec. 209. County highway commissioner.-The county board of commissioners or supervisors of each county shall, at their first regular meeting after the taking effect of this act, appoint a county highway commissioner to serve until the first regular meeting of the board in the following January, at which meeting and annually thereafter the board shall fill said office. by appointment. In counties having fifty thousand population and over according to the last preceding officially taken and promulgated national or state census the county surveyor shall perform all the duties and possess all the powers and functions of county highway commissioner. In counties having a population of less than fifty thousand the county board may appoint the county surveyor or any other person deemed by the board to be qualified for the office, or the county board may appoint a member of the board as such highway commissioner. In the event a member of the county board shall be appointed county highway commissioner, he shall be compensated for the extra duties required of him by such appointment in such sum as the county board may allow, not to exceed the sum of $4.00 per day for time actually and exclusively employed in the duties of county highway commissioner, and for his actual traveling expenses.
Sec. 7. Amendment.-Section 3063 of the Revised Statutes of Nebraska for 1913, as amended by Chapter 63 of Session
Laws of Nebraska for 1915, is hereby amended to read as follows:
3063 Sec. 210. Powers and duties of highway commissioner. The county highway commissioner shall have general control, government and supervision of all the public roads and bridges in the county under the authority and direction of the county board. Before entering upon the duties of his office he shall execute to the county a bond in the sum of two thousand dollars, to be approved by the county board, for the faithful performance of his duties, and to account for all funds and property that may come into his possession.
Sec. 8. Repeal.-Sections 3062 and 3063 of Revised Statutes of Nebraska for 1913, as amended by Chapter 63 of Session Laws of Nebraska for 1915, are hereby repealed.
Approved, April 25, 1917.
(Senate File No. 55.)
[Introduced by Messrs. Moriarty and Fults.]
AN ACT to amend Section 3092 of the Revised Statutes of the State of Nebraska for 1913, relating to homesteads and to provide regulations as to the succession and partition thereof, to repeal said Section 3092, and to declare an emergency.
Be it Enacted by the People of the State of Nebraska:
Section 1. That Section 3092, Revised Statutes of 1913, is hereby amended to read as follows:
3092 Sec. 17. Homestead succession-maintenance of chil dren-partition.-If the homestead was selected from the separate property of either husband or wife, it vests on the death of the person from whose property it was selected, in the survivor, for life, and afterwards in decedent's heirs forever, subject to the power of the decedent to dispose of the same, except the life estate of the survivor, by will. In either case it is not subject to the payment of any debt or liability, contracted by or existing against the husband and wife or either of them previous to or
Ch. 68, 69)
at the time of the death of such husband or wife, except such as exists or has been created under the provisions of this chapter. Provided, further, that in case of the surviving spouse wilfully fails to provide a suitable home and maintenance for the minor children of the deceased during their minority or elects to partition the homestead premises, the homestead right of the survivor shall then terminate and the homestead premises shall then descend as other real property of which the deceased died seized.
Sec. 2. Repeal.-That Section 3092, Revised Statutes of 1913, and all acts and parts of acts in conflict herewith, are hereby repealed.
Approved, April 21, 1917.
(House Roll No. 431.)
[Introduced by Messrs. Taylor and Norton.]
AN ACT to amend Section 3110, Revised Statutes of 1913, relating to hotel commissioners, 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 3110, Revised Statutes of 1913, is hereby amended to read as follows:
3110 Sec. 17. Hotel commission-deputies. The governor of this state is hereby made hotel commissioner. It shall be his duty to execute the provisions of this article and all other laws now or hereafter enacted relating to hotels, rooming houses, apartment houses and restaurants. To facilitate him in the discharge of his duties he shall appoint the deputy food, drug, dairy and oil commissioner, as ex-officio deputy hotel commissioner, who shall constitute the hotel commission whenever that term is used in this article. He shall keep accurate account of all the expenses of said hotel commission, and shall file monthly itemized statements of such expenses with the auditor of public aecounts, together with an account of all fees collected from ap