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Ill. 498; Town of P. v. Templeton, 71 Ill. 69; McIntyre v. Storey, Ɛo Ill. 127: Zearing v. Raber, 74 Ill. 409; Marcy v. Taylor, 19 Ill. 634; Gentleman v. Soule, 32 Ill. 272; Dimon v. People, 17 . 416; Daniels v. People, 21 Ill. 439; 1. C. R. R. Co. v. Benton, 69 Ill. 174; Forbes v. Balenseifer, 74 Ill. 183; Grube v. Nichols, 36 Ill. 92: Peoria v. Johnston, 56 Ill. 45; Craig v. People, 47 Ill. 488; Galbraith v. Littiech, 73 11. 209; Green v. Oakes, 17 Ill. 249; Town of Lewiston v. Proctor, 17 Ill. 414; Town of Highland v. Suppiger, 103 Ill. 434.

*2. Commissioners of highways to have charge of roads and bridges — work on roads. 2. The commissioners of highways shall have charge of the roads and bridges of their respective towns, and it shall be their duty to keep the same in repair and to improve them so far as practicable. Whenever the available means at their disposal will permit, they shall construct permanent roads, beginning where most needed. The work on roads shall be done timely and in accordance with the best known methods of road-making, by proper grading and thorough drainage by tile or otherwise, as may be expedient, or by the application of gravel, rock or other material.

*3. Powers of commissioners — superintendent—overseers-contracts. 3. In order to insure efficiency, they may employ a general superintendent outside their own body to work and to execute their orders; or they may divide the work, let contracts, appoint overseers, employ laborers or such other agencies as they may deem ex pedient and most to the interest of the town.

contracts

how let.

*4. Power of commissioners 4. In letting contracts, employing labor or in purchasing tools, machinery or materials, the commissioners shall not have, directly or indirectly, any personal pecuniary interest in connection therewith. The commissioners shall not have power to let any contract, purchase tools, machinery or materials except as ordered by the board at an authorized meeting.

*5. Duties of commissioners of highways. duties shall include;

5. Their

First.-To lay out, alter, widen or vacate roads as hereinafter provided, and to exercise such care and superintendence over roads and bridges as the public good may require.

Second. To cause such roads used as highways as have been laid out or dedicated to public use, but not sufficiently described, and such as have been used for twenty years, but not recorded, to be ascertained, described and entered of record in the town clerk's office.

Third. To purchase for use upon highways such necessary tools, implements and machinery as they may think proper.

[Hizer v. Rockford, 86 Ill. 307.

Fourth. To take possession of and keep under shelter, when not in use, all scrapers, plows and other tools belonging to their towns wherever the same may be found, and not allow the same to go to waste, and not lend the same, except to persons employed by them to work the roads by contract or otherwise.

Fifth.-To cause to be erected and kept in repair at the forks or crossing place of the most important public roads, a post and guide board, with plain inscription thereon, in letters and figures, giving directions and distances to the most noted places to which such road may lead; to

prevent thistles, burdock, cockle-burs, mustard, yellow-dock, indian mallow and gympson weed from seeding, and to extirpate the same so far as practicable and to prevent all rank growth of vegetation in the public highway by causing the same to be cut and destroyed prior to the seeding of the same, and at the farthest prior to September first, in each and every year; and the said commissioners may at their discretion, adopt any suitable and convenient mode of supplying water in troughs conveniently situated on the public highway for public use.

[Brauns v. Town of Peoria, 82 Ill. 15; Russell v. Minteer, 83 Ill. 156.

Sixth. It is hereby made unlawful, and the commissioners are required to prevent any one, at any time, from plowing in the public highways for any purpose, unless by the consent of at least two of the commissioners. *6. Tile drains- contract with owners. § 6. Whenever the commissioners are about to lay a tile drain along a public road, they shall have power to contract with the owners or occupants of adjoining lands to lay larger tile than would be necessary to drain the road, and to permit connection therewith by such contracting parties to drain their lands.

*7. Willow hedges - public nuisance when may be planted on margin of road. 7.Where willow hedges, or a line of willow or cottonwood trees have been planted along the margin of the road, so as to render tiling impracticable, the commissioners may contract with the owner for their destruction; and they shall be destroyed before tiling. The planting of these trees hereafter on the margin of roads is hereby declared a public nuisance, unless the same are planted by the consent of the commissioners.

*8. Commissioners may enter lands to open ditches, etc.— when owners will not consent—proceedings. § 8. The commissioners of highways of the several towns are hereby authorized to enter upon any land adjacent to any highway in their town for the purpose of opening any ditch, drain necessary sluice or water-course, whenever it shall be necessary to open a water-course from any highway to the natural water courses, and to dig, open and clean ditches upon said land for the purpose of carrying off the water from said highways, or to drain any slough or pond on said highway; Provided, that unless the owner of such land, or his agent, shall first consent to the cutting of such ditches, the commissioners shall apply to any justice of the peace in the county in which such road is situated, for a summons directed to any constable of said county, commanding him to summon the said owner to appear before the said justice, at a time and place specified in such summons, not less than five nor more than fifteen days from the date thereof, for the purpose of having the damage assessed, which such owner may sustain by reason of the digging or opening of such ditches or drains. The said summons shall be under the hand of the said justice. and be served in the same manner as a summons is now served in civil

actions before justices of the peace. On the return of such summons, venire shall be issued for a jury of twelve persons, who shall be summoned, and whose competency shall be determined, as in other cases in the trial of civil actions before justices of the peace; which jury shall assess such damages and render a verdict therefor, which shall be final

and conclusive, of the amount of damages sustained by such person, and the amounts so awarded shall be paid before the commissioners of highways shall be warranted and empowered to enter such lands, and dig, open and clean such drains, ditches and water-courses, as aforesaid, for the purposes contemplated in this act; and the commissioners of highways are further authorized to use and employ the road and bridge money of their town for such purposes: Provided, that in case the owner of said lands is a non-resident, service may be had by leaving a copy with the occupant or agent, or by notice, in the same manner as Prescribed in section forty-three of this act.

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*9. How roads to be graded — walk – penalty for driving on crossings. $9. In grading roads, wherever practicable, it shall be done so as to leave not less than one-tenth of the width of the road on each side for a sidewalk; and the space between these points shall be made a regular oval grade so that the entire space can be used for traveling purposes; and it shall be unlawful to ride or drive on such walk; and any person so offending shall be subject to a fine of one dollar for each offense. Grading shall be done before the first of September in each year. Corner stones marking sectional or other corners, shall not be disturbed, except to so grade the road that these, if in the line of travel shall not rise above the surface, and corner stakes shall be replaced by good and substantial stones. In grading public roads, if a ditch is made at the junction of roads, or at the entrance of gates or other openings of adjoining premises, the road authorities shall construct good and sufficient culverts, or other convenient crossings.

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town

clerk

*10. Commissioners-annual meeting-president-elerk — treasurer — bond-compensation. § 10. The commissioners of each town shall meet on the second Tuesday after the annual meeting in each year, at the town clerk's office, and shall organize as a board by electing one of their number president, and one of their number treasurer, and the town clerk shall be ex-officio clerk of said board, and shall keep a record of all the official acts and proceedings of the board in a well bound book, to be provided for that purpose, which record shall be signed by the president and clerk. Said board shall hold regular meetings at such times as they shall designate, and special meetings, as occasion may require, at the call of the president, or any two of the commissioners; and no official business shall be transacted by the board except at a regular or special meeting. If the president or town be absent from a meeting, or refuse to perform his official duties, a presi dent or clerk pro tempore shall be appointed from their own number. The treasurer so chosen shall receive and have charge of all moneys raised in the town for the support and maintenance of roads and bridges, excepting such portions of the moneys as are hereinafter directed to be paid to the authorities of incorporated villages, towns and cities. shall hold such moneys at all times subject to the order of the commissioners of highways, and shall pay them over upon their order, or a majority of said commissioners, and not otherwise. Before the person so chosen as treasurer shall be entitled to act as such, and within ten days after his appointment, he shall execute a good and sufficient bond in double the amount liable to come into his hands, with two or more

He

landholders as sureties, in such amount and in such manner as the supervisor and town clerk shall determine, conditioned for the faithful discharge of his duties as such treasurer, and that he will honestly and faithfully account for and pay over, upon the order of the commissioners, all moneys that shall come into his hands by virtue of his said office; which bond shall be payable to the supervisor of the town and his successor in office, and be approved by the supervisor and town clerk, and filed in the town clerk's office. Such treasurer shall receive such compensation for such services as treasurer, as may be fixed by the commissioners, not to exceed two per cent of the amount of money that comes into his hands, excepting such amount as he receives from his predecessor, or such amount as may be borrowed for the use of the town; and he shall keep an account in a book provided by the commissioners, of all moneys received and all moneys paid out, showing in detail to whom and on what account the same is so paid. The town clerk shall immediately, upon the filing of said bond, notify the county treasurer thereof by a certificate under his hand and seal.

[Hizer v. City of Rockford, 86 Ill. 328; Blanchard v. Town of La Salle, 99 Ill. 278. *11. Commissioners to make list of able-bodied men— poll tax-who exempt-collection from. 11. At this meeting they shall make out a list of able-bodied men in their town between the ages of twenty-one and fifty years, and deliver the same to their treasurer on or before the first day of May in each year, and assess at such meeting against each person upon such list a sum of not less than one nor more than two dollars, as a poll-tax for highway purposes, to be paid to such treasurer by the first Monday in June of each year: Provided, that paupers, idiots, lunatics and such others as are exempt by law, shall not be compelled to pay a poll-tax for highway purposes: Provided, also, that this list shall not include persons within the limits of cities or incorporated villages. They shall, within ten days after such list is delivered to their treasurer, cause written or printed notices to be given to each person so assessed, notifying him of the time when and place where such tax must be paid, and if this poll-tax shall not be paid by the first Monday of June in such year, it shall be the duty of the commissioners, in the name of the town, to bring suit therefor against such person before some justice of the peace having jurisdiction thereof. Summons shall be issued and returned in the same manner as provided by law in other cases. If judgment is rendered against defendant, the court shall find in such judgment that the same is for poll-tax unpaid, and shall indorse the same on the execution, if one is issued. No property belonging to the defendant shall be exempt from levy to satisfy such execution.

*12. Constable's duty having execution for poll-tax. 12. The constable to whom such execution shall be delivered shall forthwith collect the moneys therein mentioned. He shall pay the money so collected, when collected, to the justice of the peace who issued the execution, who is hereby required to pay the same to the treasurer of the road and bridge fund.

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