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.

[BRIDGES ON TOWN LINES.]

4603 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.

4604 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.

[BRIDGES OF COUNTY.]

4605 SEC. 102a. [Same.] That in counties under township organization, the expense of building, maintaining, and repairing bridges on public roads over streams shall be borne exclusively by the counties within which such bridges are located. [1887, chap. 72.]

4606 SEC. 1026. [Same.] The county board of every such county shall build, maintain, and repair every such bridge, and make prompt and adequate provisions for the payment of the expense thereof. [Id.]

SEC. 103. [Repealed chap. 47, R. S., 42. G. S., 950.]

[ROAD DISTRICT WARRANTS.]

4607 SEC. 104. [Special tax to pay road fund warrants.] That in order to provide for the payment of all outstanding road district warrants and to liquidate indebtedness against road districts, the county board 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 said road districts, or so much thereof as may be necessary to pay all the outstanding indebtedness of the character herein before mentioned. Said levy to be made by the county board at their next regular annual meeting in July 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 all warrants to be paid by the county treasurer in the order in which they appear upon his warrant register. [1879, § 1, 164. Amended 1893, chap. 29, § 1.]

4608 SEC. 105. [Same.] In case the five mill levy herein before mentioned

SECS. 1024, 1026. "An act to provide for the building, maintaining, and repairing certain bridges in counties under township organization." Laws, 1887, chip 72 Took effect July 1, 1887. This act would seem to repeal all provisions relative to the building of bridges by the towns in counties under township organization. Prior to the passage of this act, the respective towns were vested with the power and charged with the duty of building and repairing bridges. 24 Neb., 58. County not liable for bridges or repairs made before act. 46 Id., 211.

SECS. 104-106. "An act to provide for the payment of outstanding road district warrants and to liquidate all indebtedness against road districts." Laws, 1893, chap. 29. Took effect July 9, 1893.

shall not be sufficient to pay the entire amount of the indebtedness of the various road districts the county board 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 indebtedness against the road districts in such county shall have been paid. [Id., § 2.]

SEC. 106. [Repealed. Laws, 1893, chap. 29.]

[TRENCHES AND DITCHES.]

4609 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, Ighway, or approach to any bridge or culvert, in any county in this state, to de 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 center line of a road; then and in that case no ditch, trench, or other excavation shall be made within less than fifteeu feet of the center 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.]

[BARBED WIRE FENCE.]

4610 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 pri vate, in this state, without first putting up sufficient guards to prevent either man or beast from running into said fence. [1885, chap. 77.]

4611 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.]

[REPAIRING CROSSINGS.]

4612 SEC. 110. [Crossings.] Any railroad corporation, canal company, mill owner, or any person or persons who now own, or may hereafter own or oper ate, any railroad, canal, or ditch that crosses any public or private road shall nake and keep in good repair good and sufficient crossings on all such roads, including all the grading, bridges, ditches, and culverts that may be necessary, within their right of way. [1887, chap. 73.]

4613 SEC. 111. [Neglect-Notice.] That the road supervisor of any road district where any party or corporation mentioned in section 1 has failed or neglected to comply therewith, shall give thirty days notice in writing to said corporation, company or person, or their agent, where such crossing is required; a copy of notice to be sworn to and filed with the county clerk. [Id., § 2.]

4614 SEC. 112. [Same-Action to compel obedience.] If any corporation or party mentioned in section 1 of this act shall fail or neglect for sixty days from date of filing said notice to make said crossing as required by section 1, then it shall be the duty of the county commissioner or supervisor to bring an action in the name of the county, and compel said corporation, company, or person to make

SEC. 107. "An act to prevent the digging of ditches or trenches within less than fifteen feet of the center line of public highways." Approved and took effect March 5, 1885. "An act to prohibit the obstructing roads and highways." Approved March 5, 1885. Took elCited 24 Neb., 352

SECS. 108, 109. fect June 5, 1885. SECS. 110-113.

"An act to compel railroad corporations and others to make and keep in repair crossings Laws, 1887, chap. 73. Took effect March 81, 1887. Act constitutional. Duty of railroad defined. Highway laid out after railroad. 29 Neb., 412. Ill constructed crossing. 34 Id., 479. BEC. 110. Not repealed as to irrigation companies by chap. 69, Laws, 1895 (Comp. Stats, chap. 98a, art. 2, § 58),

such crossing, and said corporation, company, or person shall pay all costs and damages sustained by the county or any person or persons, together with a reasonable attorney's fees for plaintiff. [Id., § 3.]

4615 SEC. 113. [Crossings, where located.] All crossings, bridges, and culverts shall be in the center of the road; Provided, That where it is impracticable to make a crossing in the center of the road, said corporation, company, or persons may obtain, by purchase or otherwise, the right of way around any obstruction, which shall be surveyed, platted, and recorded in the county where located, and it shall thereafter be a public highway. All costs shall be paid by such corporation, company, or persons. [Id., § 4.]

[LIABILITY OF COUNTIES.]

4616 SEC. 114. [Roads and bridges out of repair.] That whenever any highway or bridge in any county in this state shall be out of repair, or unsafe for travel, any three citizens or tax payers in the state may notify the county commissioners of the commissioner district, within which the said road or bridge is situated, or if the county be under township organization, the supervisor of the town in which it is situated, in writing, setting forth a description of the road or bridge and the defects therein. [1889, chap. 7.]

4617 SEC. 115. [Repairs.] It shall then le the duty of the said commissioner of the said county or counties, within twenty-four (24) hours after service of said notice, to commence to make suitable repairs to said highway or bridge and to place it in a safe condition for travel. [Id., § 2.]

4618 SEC. 116. [Line between two counties.] If the said road or bridge shall be on the line between two counties, then the commissioners of the respective districts, within which said road or bridge is located, of the respective counties shall be served with the said notice, or if it be on the line between two townships, in counties under township organization, then the supervisors of both townships in which said road or bridge is situated shall be notified in like manner. [Id., § 3.]

4619 SEC. 117. [Damages-Recovery-Limitation.] If special damage happens to any person, his team, carriage, or other property by means of insufficiency, or want of repairs of a highway or bridge, which the county or counties are liable to keep in repair, the person sustaining the damage may recover in a case against the county, and if damages accrue in consequence of the insufficiency or want of repair of a road or bridge, erected and maintained by two or more counties, the action can be brought against all of the counties liable for the repairs of the same, and damages and costs shall be paid by the counties in proportion as they are liable for the repairs; Provided, however, That such action is commenced within thirty (30) days of the time of said injury or damage occurring. [Id., § 4.]

[PURCHASING PRIVATE BRIDGES.]

4620 SEC. 118. [Purchase by township.] Whenever any private bridge owned by any person or corporation shall be situate within or shall be constructed across any river bounding any township, such township may purchase such bridge, and thereupon it shall become a public bridge, and be maintained in the same manner as bridges originally built by such township. [1889, chap. 88.]

4621 SEC. 119. [Same.] No such bridge shall be purchased, unless sufficient funds are in the treasury, except as hereinafter provided. [Id., § 2.]

SECS. 114-117. "An act relating to highways and bridges and liabilities of counties for not keeping same in repair." Laws, 1888, chap. 7. Took effect July 1. 1889. Bridge in two counties. 42 Neb., 804. County liable whether notice specified in secs. 1 and 2 given or not. 43 Id., 508. Proviso to sec. 117 constitutional. 53 Id., 755. SECS. 118-128. "An act to authorize townships to purchase toll bridges and to issue their bouds to pay for the Game. Laws, 1889, chap. 88. Passed and took effect March 30, 1889.

4622 SEC. 120. [Bonds.] If there shall not be sufficient funds in such township treasury to purchase said proposed bridge, the said town may borrow money and issue its bonds therefor, when authorized, in the manner hereinafter provided. [Id., § 3.]

4623 SEC. 121. [Same-Vote.] Whenever the owners of any such bridge shall submit to the town board of such township a proposition to sell such bridge, the town Loard may submit to the voters of such township a proposition to issu⚫ the bonds of such township for the purpose of purchasing such bridge in accordance with such offer. [Id., § 4.]

4624 SEC. 122. [Same.] Such proposition shall state the amount of said bonds, the date when they shall mature, and the rate of interest which they bear, which in no case shall exceed eight per cent. per annum. [Id., § 5.]

4625 SEC. 123. [Election.] The notice for said election and manner of holding the same shall be governed by the law regulating elections for voting bonds by a county. [Id., § 6.]

4626 SEC. 124. [Issuance of bonds.] If two-thirds of the votes cast at such election shall be in favor of the proposition, the town board shall cause to be prepared and issued the bonds in ac ordance with the proposition submitted. Said bonds shall be signed by the supervisor, the town clerk, and attested by the clerk of the county under its seal. [I., § 7.]

4627 SEC. 125. [Statement on bonds.] Said bonds shall state for what purpose issued, the amount, and when payable, interest and when payable, and the number of each bond. [Id., § 8.]

4628 SEC. 126. [Record.] The proposition to issue said bonds, the notice of said election, canvass of vote shall be recorded in the office of the county cerk, and the county clerk shall enter upon the records of the county board the number, amount, and interest, and date at which each bond issued shall become payable, and the county clerk shall cause such bonds to be registered in the office of the secretary of state and state auditor as required by law. [Id., § 9.]

4629 SEC. 127. [Tax.] The county board shall each year, until the bonds voted under the authority of this act be paid, levy upon the taxable property in the township a tax sufficient to pay the interest and five per cent. of the principal of bonds issued under this act, and at the tax levy preceding the maturity of any of said bonds, levy an amount sufficient to pay the principal and interest due on said bonds. [Id., § 10.]

4630 SEC. 128. [Limitation as to amount.] No bonds shall be issued under this act to an amount exceeding ten per cent. of the assessed value of the taxable property at the last assessment within such township. [Id., § 11.]

DESTRUCTION OF WEEDS.

4630a SEC. 129. [Weeds, destruction.] That it shall be the duty of land owners in this state to mow or otherwise destroy all weeds to the middle of all public roads running along their lands at least once in each year, namely, between the fifteenth day of July and the fifteenth day of August in each year. And whenever land owners neglect to mow or otherwise destroy the weeds in roads as herein provided it shall be the duty of the overseer of roads on complaint of any resident of his road district to mow or destroy the weeds on neglected portions of roads complained of and the overseer may charge and be paid from the general fund of the

SEC. 129. "An act to provide for mowing or otherwise destroying weeds in the public roads." Laws, 1901, chap. 58. Took effect June 28, 1901.

county one dollar and fifty cents per day for a man, one dollar and fifty cents per day for a team, and one dollar per day for the use of the mowing machine for the time actually spent for the cutting and destroying weeds provided that no overseer shall destroy the weeds on any road until after the time has passed in which the owner is required to destroy the said weeds. And a statement of all money paid to overseers of roads for carrying out the provisions of this act shall be made by the overseers to the county clerk, giving a proper description of lands whereon weeds were destroyed by the overseer of roads, and the county clerk shall include such amounts in making the county tax lists as an assessment against such lands which shall be collected as other taxes. [Laws, 1901, chap. 58.]