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same proceedings may be had thereon as provided by law in like cases of demand upon indictment filed.
SEC. 9. Whereas an emergency exists therefor this Act shall take effect and be in force from and after its passage.
Approved on the 6th day of February, 1899
H. B. NO. 55.
Be it enacted by the Legislature of the State of Idaho:
SECTION 1. The Counties of Blaine, Lincoln, Cassia, Custer and Elmore shall constitute and comprise the fourth judicial district of this State. SEC. 2.
The district judge of the fourth judicial district of this State shall, within twenty days after the passage of this Act, appoint terins of the district court, as provided by law, for the several counties in said district. SEC. 3
All acts and parts of acts in conflict with this Act are hereby repealed. SEC. 4.
An emergency existing therefor, this Act shall take effect immediately.
Approved on the 6th day of February, 1899.
H. B. NO. 56.
AN ACT FIXING
DUTIES OF BOARDS OF COUNTY COMMISSIONERS AND HIGHWAY OFFICERS OVER HIGHWAYS; PROVIDING FOR THE FORMATION OF CONTRACT ROAD DISTRICTS AND THE MANNER OF LETTING ROAD CONTRACTS; AMENDING SECTIONS 870, 873, 886, 905. 907, 908, 927, 929, 931, 945, 946, 949, 975, AND 1028 OF THE REVISED 'STATUTES OF IDAHO AND REPEALING SECTION 948 THEREOF; ADDING SECTIONS 875, 876, 877, 878 AND 879 TO ARTICLE THREE, CHAPTER TWO OF TITLE VI OF THE POLITICAL CODE OF IDAHO. SECTION I. That section 870 of the Revised Statutes of Idaho be amended to read as follows:
The board of county commissioners by proper ordinances must:
FIRST. Divide the county into a suitable and convenient number of road districts and appoint therefor annually, or whenever vacancies occur, overseers, with power to remove them at pleasure;
SECOND. Cause to be surveyed, viewed, laid out, recorded, opened, and worked such highways as are necessary for public convenience, as in this chapter provided;
THIRD. Cause to be recorded as highways such roads as have become such by usage or abandonment to the public;
FOURTH. Abolish or abandon such as are unnecessary;
FIFTH. Contract, agree for, purchase or otherwise acquire the rightof-way over private property for the use of public highways, and for that purpose institute or require the district attorney to institute proceedings under the Code of Civil Procedure, and to pay therefor from the district road fund of the particular district;
SIXTH. Let out by contract the improvement of highways, and constructions and repairs of bridges or other adjuncts to highways, when the amount of work to be done by contract exceeds one hundred dollars: Provided, That at least twenty-five per cent. of the fund collected in any
road, district inust be expended in the district in which such fund was collected;
SEVENTH. Levy a property road tax to be paid into the county road fund and also to levy a property road tax of not more than three dollars on each one thousand dollars, nor less than one dollar on each one thousand dollars, of taxable property to be paid in work by the owner of such property in each district whereiu such taxable property shall be assessed; the wages per diem for such work to be fixed by the county commissioners; or at the option of such property owners to be paid in money the same as other taxes, and the money so collected shall be credited to the respective districts to be used for building and repairing bridges and roads therein, and the purchase of needful tools and materials for maintaining the roads and bridges in such districts;
EIGHTH. Order and direct the overseers specially in regard to work to be done ou particular roads in their districts, and it shall be the duty of every overseer of roads on or before the first day of March in each year to obtain the names and make out a list of all persons liable to road work and residing within his road district, and file the same with the auditor, whose duty it shall be to affix to each name the amount of property owned in such district and assessed the last preceding year;
NINTH. Cause to be erected and maintained, on the highways they may designate guide posts properly inscribed;
TENTH. Cause the road tax collected each year to be paid into the road fund and kept by the treasurer in a separate fund, and all road work to be done between the first day of April and the first day of December, and returns to be made for all such work to the Auditor on or before the first day of December of each year;
ELEVENTH. Audit and draw warrants on the road fund of the county required to pay for right-of-way or improvements thereon;
TWELFTH. Set apart when it may appear necessary and expedient and beneficial to the public interest sparsely populated road districts as contract road districts,
Sec. 2, That section eiglit hundred and seventy-three be amended so as to read:
Road overseers, under the direction and supervision and pursuant to orders of the board of commissioners appointing them, must:
FIRST.-Take charge of the public highways within their respective districts.
SECOND.--Keep them clear from obstructions and in good repair.
Third.—Cause banks to be graded, bridges and causeways to be made where necessary, keep the same in good repair, and renew them when destroved.
FOURTH.-Give two days' notice to the inhabitants of his road district liable to do work on roads, when, where, with what implements, and under whose direction to work, and superintend the same.
FIFTH.—Collect, from each inhabitant notified to work and who fails to work or prefers to pay it, the commutation fee.
Sixth.—Make semi-annual reports of all labor performed in his district to the board of commissioners, under oath.
SEVENTH.-Receive and present petitions for new roads, recommend or disapprove the same, and assist in laying them out.
EIGHTH.-Collect all road poll taxes in the mode provided for the col
lection of other poll taxes, and faithfully account for and pay over the same.
NINTH.-Receive for his services, from money in the treasurer's hands belonging to the road fund, the sum of not less than two dollars and fifty cents, and not more than four dollars, for each day's service performed by him, to be fixed by the board of commissioners, annually, at their regular meeting in January, to be audited and ordered paid by the board of commissioners.
That article 3, chapter 2, of the Political Code of the Revised Statutes of Idaho, be amended by adding thereto the following section: 'Section 875. The county commissioners shall at least three weeks prior to the regular meeting in July, when necessary, cause notice to be published in some newspaper, published in the county, for sealed proposals to be received by said board for keeping in repair and improving the public roads and highways in all districts, set apart as contract road districts; and each proposal, or bid, so subinitted to the board, shall be accompanied by a bond conditional for the faithful performance of the duties of the contract, which may be entered into by and between the party making the proposal, or bid, and the board of county commissioners, in a sum not less than double the amount of the bid for the improvement and keeping in repair of the roads and highways within the district proposed, the bond to be secured by two or more sureties who shall justify in the same form and manner as is required on bonds of county officers. Provided, That all bidders shall be residents of the road district which they contract for. At the time to be stated in the notice of the board of county commissioners shall open and examine the proposals, or bids, and award to the lowest and best bidder the contract for not less than two nor more than three years for the respective contract road districts. Provided further, That the board shall reserve the power to reject any and all bids.
That section eight hundred and eighty-six be amended so as to read:
The annual property tax for road purposes must be levied by the board of commissioners at their session when the tax is by them levied for county purposes, and must not be less than ten, or exceed sixty cents on each one hundred dollars in value of taxable property.
This property road tax, when levied, must be annually assessed and collected by the same officers and in the same manner as other State and county taxes are levied, assessed and collected, and turned over to the county treasurer, for the use of the road fund.
Sec. 5. That section nine hundred and five be amended so as read: Every overseer must make to the commissioners semi-annually a written account, uuder oath, containing:
FIRST.-The names of all persons assessed to work in his district.
SECOND.—The names of all who have actually worked, and the number of days.
THIRD.—The names of all who have commuted, and the amount received from them.
Fourth.—The names of all delinquents, and the amount collected from them.
FIFTH.—A full return by items of the amount of labor performed at
each separate point, and the manner in which, and the time when, the saine was done.
SIXTH.—The number of road poll tax receipts sold, and those returned unsold.
SEVENTH.—An accurate account of every day he himself was employed, and the nature and items of the service rendered.
SEC. 6. That section nine hundred and seven be amended so as to read: The road overseers must accompany their reports with all moneys remaining in their hands at the date of the report; in addition to the reports required of road overseers in article five of this chapter, each road overseer shall, on the first Monday of each month, report to the auditor of his county all moneys that may have come into his hands as such road overseer during the preceding month, stating therein, particularly, the source from which the same was derived. Upon receiving such report the auditor shall certify to the treasurer the amount due from such road overseer and to what fund or funds the same may belong. Within five days the road overseer making such report shall pay over to the county treasurer the whole amount specified in his report for the preceding mouth. The treasurer shall then make aud file with the auditor a receipt for the amount paid, and the auditor shall give to the road overseer a release for the amount and charge the treasurer with the same.
SEC. 7. That section nine hundred and eight be amended so as to read: A failure to make a report as required, or to pay over according to law, or on the order of the commissioners, any inoneys in his hands subjects the overseer to a penalty of $25, to be recovered in an action on his bond, together with any balance due from him; suit therefor may be instituted by the district attorney under order of the board of commissioners.
SEC. 8. That section nine hundred and tweuty-seven be amended so as to read: The viewers must be paid three dollars each per day for their services out of the road fund, and the surveyors, for services in running out and mapping the road and making the plat and field notes, which must be filed when required before he receives his compensation, five dollars per day.
That section nine hundred and twenty-nine be amended so as to read:
If the board approve the report, and there are no non-consenting land owners, the road must, by order, be declared a public highway, and the road overseer ordered to open the same to the public. If there are non-consenting land owners, the board must appropriate from the road fund, and cause the road overseer to tender to such non-consenting land owners, the award of damages made by the board. If the awards are all accepted the roads must be declared a public highway and be opened as before provided.
SEC. 10. That section nine hundred and thirty-one be amended so as to read: All awards by agreement, ascertainment by the board or by the proper court, must be paid out of the road tund on the order of the board of coininissioners.
SEC. II. Section nine hundred and forty-five be amended so as to read: All public bridges, not otherwise specially provided for, are maintained by the county at large in the same manner as highways and under the management and control of the road overseer and board of commissioners, the expense of constructing, maintaining, and repairing the
same being primarily payable out of the road fund in the hand of the county treasurer, and from road poll taxes. SEC. 12. That section nine hundred and forty-six be amended so as
Whenever it appears to the board of commissioners that the road fund is or would be unreasonably burdened by the expense of construction and maintenance and repair of any bridge or road they may, in their discretion, cause a portion of the aggregate cost or expense to be paid out of the general fund of the county, and they may levy a special tax, not exceeding one-fourth of one per cent., on the taxable property of the county, annually, until the amount appropriated in aid is raised and paid.
That section nine hundred and forty-nine be amended so as to read: If the road overseer of any road district, chargeable with the repair of a bridge, fails to make the needed repairs after being informed that a bridge is impassable or unsafe, and is requested to make the same by two or more tax payers of the district in which it is situated, or the two districts which it unites, the tax payers may represent the facts to the board of cominissioners, who, upon being satisfied that the bridge is unsafe, must cause the same to be repaired and inust pay therefor from the road fund.
That section nine hundred and seventy-five be amended so as to read: All penalties or forfeitures given in this chapter, and not otherwise provided for, must be recovered by the road overseers of the respective road districts and be paid into the road fund; all moneys in the hands of the county treasurer to the credit of the various road district funds at the time this Act shall take effect shall be by the treasurer transferred to the road fund of his county, and all outstanding warrants drawn against the various road district funds, at the time this Act takes effect shall be paid out of the road fund of the county in the order of their registration.
That section ten hundred and twenty-eight be amended so as to read: When the road company desires the exclusive use of lands forming part of the highway, and such use is granted by the county commissioners, the damages received therefor are to be paid to the road fund of the county in which the same is situated.
SEC. 16. That article 3 of chapter 2 of Title VI of the Political Code of the Revised Statutes of Idaho be amended by adding thereto the following sections to wit: Sections 876, 877, 878, 879.
Section 876.–Any person or persons contracting as provided in this Act shall cause all roads and highways, in their respective districts, to be kept clear of obstruction, and in good repair, banks to be graded, bridges and crossings to be made where the same may be necessary to keep the same in good repair and put in snow bridges when snow roads are used during the winter months, whenever the same may be required, and to use reasonable diligence in keeping each road passable.
Section 877.—The board of county commissioners upon learning that any of the public roads are not repaired and kept in good order by any one contracting to do so in a contract road district shall have power and shall cause the same to be done by placing labor thereon; and such expense shall be retained from any amount that may be due him on his contract, and should that be insufficient, or nothing be due thereon, the