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State Highway Department; and the completed work shall be approved by said Department before any warrant shall be issued for the State's share in such improvement, as herein provided. It shall be the duty of the proper officers of said borough or boroughs or incorporated town or towns, charged with the maintenance of the streets and highways of said borough or boroughs, or town or towns. to keep and Maintenance. maintain said improved highway, within the borough or toon limits, in a condition to conform to the standard established by the State Highway Department for the maintenance of similar highways.

Section 5. That the eighteenth section of the said act, which reads as follows:

“Section 18. The total expense of highway improve Section 18, act of ment or maintenance, under provisions of this act, May 1, 1905, cited shall be paid by the State Treasurer, upon the warrant of the State Highway Commissioner, attested by the chief clerk of the State Highway Department, out uf any specific appropriations made by the Legislature to carry out the provisions of this act. The share of the county, in which said highway improvement as herein provided has been made, shall be paid to the State Treasurer by the county treasurer, upon the order of the county commissioners. The share of the township or townships, or of the borough or boroughs, in which the said highway improvement, as herein provided, has been made, shall be paid to the State Treasurer by the township supervisors or commissioners, or by the borough treasurer, respectively, as other debts of said township or borough are paid. Upon the completion of any highway improvement, the State Highway Commissioner shall certify to the State Treasurer and to the county commissioners and township supervisors, or borough authorities, as the case may be, the respective shares of said county and township, or borough. If the said shares of county and township, or borough, either or both of them, shall not be paid to the State Treasurer within thirty days after being certified to by the State Highway Commissioner, as hereinbefore specified; then the said shares of county and township, or borough, either or both of them, remaining unpaid, shall be charged by the State Treasurer against any funds of said county which may be in the hands of the State Treasurer, or which may thereafter come into his hands. The amounts paid under this act to the State Treasurer by counties, townships and boroughs shall be placed by him to the credit of the fund for road construction. The State Highway Commissioner may make partial payments to any contractor performing any highway improvement, as the same progresses; but not more than seventy-five per centum of the contract price shall be paid in advance of the full

33 Laws

Payment by State
Treasurer.

County's share.

Commissioner's certificate.

completion of said improvement. At least twenty-fire per centum of the full contract price shall be withheld until the work is satisfactorily completed, and has been accepted by the State Highway Commissioner," be and the same is hereby amended so as to read as follows:

Section 18. The total expense of the highway improvement or maintenance, under the provisions of this act, shall be paid by the State Treasurer, upon the warrant of the State Highway Commissioner, attested by the chief clerk of the State Highway Department, out of any specific appropriation made by the Legislature to carry out the provisions of this act. The share of the county, in which said highway improvement as herein provided has been made, shall be paid to the State Treasurer by the county treasurer, upon the

order of the county commissioners. The share of the Township's share. township or townships, or of the borough or boroughs,

in which the said highway improvement as herein provided has been made, shall be paid to the State Treasurer by the township supervisors or commissioners, or by the borough treasurer, respectively, as other debts of said township or borough are paid. Upon the completion of any highway improvement, the State Highway Commissioner shall certify to the State Treasurer, and to the county commissioners and township supervisors, or borough authorities, as the case may be, the respective shares of said county and township, or borough. If the said shares of county and township, or borough, either or both of them, shall not be paid to the State Treasurer, within thirty days after being cer tified to by the State Highway Commissioner, as here. inbefore specified, then the said shares of county and township. or borough, either or both of them, remaining unpaid, shall be charged by the State Treasurer against any funds of said county which may be in the hands of the State Treasurer, or which may there after come into his hands. The amounts paid under this act to the State Treasurer by counties and bor. oughs shall be placed by him to the credit of the fund for road construction. The State Highway Commissioner may make partial payments to any contractor performing any highway improvement, as the same pro gresses; but not more than ninety per centum of the contract nrice shall be paid in advance of the full completion of said improvement. At least ten ner centum of the full contract price shall be withheld until the work is satisfactorily completed, and has been accepted by the State Highway Commissioner.

Section 6. That the twentieth section of the said act. which reads as follows:

“Section 20. All highways or portions of highways constructed or improved under the provisions of this act shall thereafter be known as the “State Highways,"

Failure to pay.

Fund.

Partial payments.

Section 20. act of
May 1, 1905,
rited for amend-
mut.

but, so far as the same may be within the limits of any township, shall be kept in repair, so that they may be maintained at the standard of condition prescribed for highways of their class by the State Highway Department, at the expense of said township; but the superrisors or commissioners of any township possessing improved highways may ask for and receive State aid for the maintenance of the same, as hereinafter provided. It shall be the duty of the supervisors or commissioners of every township in which said State highways may lie, to maintain the same generally at a reasonable standard, prescribed for such roads by the State Highway Department: Provided, That no street railway shall hereafter be constructed upon any portion of a highway which has been or may be hereafter improved under the provisions of this act, except under the conditions and regulations as may be prescribed by the State Highway Commissioner. Any person who shall, by the use of rough locks or drag-locks upon wagon wheels, or by any other method, or in any other manner, wil. fully or maliciously destroy or damage any improved highway, in this Commonwealth, shall be deemed guilty of a misdemeanor, and, upon arrest and conviction therefor. shall pay a fine of ten dollars for each and every offense; which fine shall be recoverable as in similar cases, upon complaint of any person before a justice of the peace, and the fine so recovered shall be paid to the supervisor of the township wherein the offense was committed. for the use of the road fund of said township,” be and the same is hereby amended so as to read as follows:

Section 20. All highways, or portions of highways, constructed or improved under the provisions of this act shall thereafter be known as “State highways," and shall be marked with suitable monuments, having the Monuments. irords "State highwayand the year-date cut thereon, the same to be paid for as part of the cost of the road. The State Highway Commissioner may also cause trees Trees. to be planted along such State highways, the same to be paid for as part of the cost of the road, but to remain the property of the State. The said State highways shall be kept in repair at the expense of the township Repalrs. in which they are situated, so that they may be main. tained at the standard of condition prescribed for highwavs of their class by the State Highway Department: hut the supervisors or commissioners of any townshin possessing improved highways mav ask for and receive State aid for the maintenance of the same, as hereinafter provided. It shall be the duty of the Duty of supervi. supervisors or commissioners of every townshin, insors. which said State highways may lie, to maintain the same generally at a reasonable standard, prescribed for such roads by the State Highway Department:

"State Highways."

Gas and waterpipes.

Malicious dam. age.

Fine.

May 1, 1905, cited for amendment.

Street railways. Provided, That no street railway shall hereafter be

constructed upon, nor shall any gas' or water-pipe be laid upon or in, any portion of a highway which has been, or may hereafter be, improved under the provisions of this act, except under such conditions and regulations as may be prescribed by the State Highway Commissioner. Any person who shall, by the use of .rough locks or drag-locks upon wagon wheels, or by any other method or in any manner, wilfully or maliciously destroy or damage any improved highway, in this Commonwealth, shall be deemed guilty of a misdemeanor, and, upon arrest and conviction therefor, shall pay a fine of ten dollars for each and every offense, which fine shall be recoverable as ju. similar cases, upon complaint of any person before a justice of the peace, and the fine so recovered shall be paid to the supervisors of the township wherein the offense was committed, for the use of the road fund of said township.

Section 7. That the twenty-first section of the said act, which reads as follows:

"Section 21. All highways improved under the proviSection 21, act of sions of this act shall require the construction of a ma

cadamized road, or a telford or other stone road, or a road constructed of gravel, cinder, oyster-shells, or other good materials, in such manner that the same, of whatever material constructed will, with reasonable re. pairs thereto, at all seasons of the year be firm, smooth, and convenient for travel. The county commissioners shall nare the authority to select the kind of materials to be used in improring any road under the provisions of this act. Any difference of opinion that may arise between the county commissioners and the township road authorities, as to the kind of a road to be built, shall be decided by the State Highway Commissioner. The State Highway Commissioner shall furnish to the county commissioners and township road authorities information as to the probable cost of improved highways, as defined in this section," be and the same is hereby amended so as to read as follows:

Section 21. All highways improved under the provi: sions of this act shall require the construction of a macadamized road, or a telford or other stone road, or a road constructed of gravel, cinder, oyster-shells, or other good materials. in such manner that the same, of whatever material constructed, will, with reason. able repairs thereto, at all seasons of the year, be firm. smooth, and convenient for travel. The kind of a road to be built shall be decided by the State Highway Commissioner. The State Highwar Commissioner shall furnish to the county commissioners and township road authorities information as to the probable cost of improved highways, as defined in this section.

Construction of improved highways.

Section 8. That the twenty-third section of the said act, which reads as follows:

“Section 23. Whenever the supervisors or commis- Section 23, act of sioners of any township or county shall desire State Maymie na06.enited aid for the purpose of maintenance of improved highways, whether State Highways improved under the provisions of this act or otherwise, it shall be the duty of said supervisors or commissioners to file with the State Highway Department, on or before the first day of May in each year, a sworn petition requesting such State aid, and setting forth the number of miles of highways improved, according to the standards of the State Highway Department, in said township, and the cost of the same to said township, together with the condition of said improved highway and the average annual cost of maintaining the same. In cases where State aid is given for maintenance of any highway, the said supervisors or commissioners shall include in their next annual application for State maintenance aid a sworn statement, showing in detail the manner in which the aid previously received was expended. The State Highway Commissioner, if in his judgment the conditions warrant the cooperation of the State in maintaining said highways, shall apportion to said township or county its proportion of the total amount available for the maintenance of improved highways, als hereinbefore provided; and the said amount shall be paid to the said supervisors or commissioners by warrant of the State Highway Department; but in no case shall the amount thus given by the State, for maintenance, be more than one-half the amount which, in the judgment and experience of the State Highway Commissioner, the annual cost of maintaining improved highways of the standard of construction prevailing in such township or county should be, nor more than one-half the sworn average annual cost of maintenance, as set forth in the petition of the supervisors or commissioners of said township or county,” be and the same is hereby amended so as to read as follows:

Section 23. Whenever the supervisors or commis. State aid in malo sioners of any township or county shall desire State tenance. aid, for the purpose of maintenance of improved highways, whether State highways improved under the provisions of this act or otherwise, it shall be the duty of said supervisors or commissioners to file with the State Highway Department, on or before the first day of May Petition. in each year, a sworn petition requesting such State aid, and setting forth the number of miles of highways improved according to the standards of the State Highway Department in said township, and the cost of the same to said township, together with the condition of said improved highways, and the average annual cost of maintaining the same. In cases where State aid is

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