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Proof of service, etc.

Control

of road.

Name of road.

of road.

cessive weeks. Proof of such service and publication may be made by affidavit by any person knowing the facts, and be filed with the clerk. Such affidavit or the record thereof, or a certified copy of such affidavit or record shall be prima facie evidence of its contents. After service and publication of such notice, the board of county road commissioners shall have sole and exclusive jurisdiction and control of such road so embraced within such determination, and the township or municipality within which the same is situated shall be relieved from all responsibility therefor. Immediately after laying out or taking control of a road said board shall give the same a name by which it shall afterAbandonment ward be known in its proceedings. The board of county road commissioners of any county which has adopted the county road system, is hereby authorized and empowered to, at any time, abandon and discontinue any county road, or any part thereof, by a majority vote. The vote of the county road commissioners in respect to such abandonment and discontinuance, shall be taken and entered, and notice thereof be given, in the same manner as required in this section, in cases in which county roads are adopted. After proceedReversion to ings to discontinue and abandon have been had, the jurismunicipality. diction and control of such road shall revert to the township or municipality within which the same is situated which, prior to the time of its adoption as a county road, had jurisdiction and control thereof, and the county shall be relieved from the responsibility therefor.

Surveys, plans and specifications.

Determina

tion of tax.

Limit of tax.

SEC. 20. Before the first day of October of each year, said board of county road commissioners shall cause preliminary surveys, general plans, specifications and estimates of roads, bridges and culverts to be made by the county highway engineer, whose qualifications shall be approved by the State Highway Commissioner in case it is intended by the commissioners to apply for State reward. Based upon the above estimates, said board of county road commissioners shall determine upon the amount of tax which in its judgment should be raised for such year in said county for the purposes aforesaid, specifying and itemizing the roads and parts of roads upon which such moneys are to be expended, stating the amount asked for each of such roads, and shall cause such determination to be entered upon its records. Such tax shall not exceed three dollars on each one thousand dollars of assessed valuation according to the assessment roll of the last preceding year in counties where such valuation does not exceed forty millions of dollars; such tax shall not exceed two dollars on each one thousand dollars of assessed valuation according to the assessment roll of the last preceding year in counties where such valuation is more than forty million dollars and does not exceed seventy-five million dollars; such tax shall not exceed one dollar on each one thousand dollars of assessed valuation according to the assess

before

ment.

supervisors

ment roll of the last preceding year in counties where such valuation is more than seventy-five million dollars and does not exceed one hundred million dollars; such tax shall not exceed fifty cents on each one thousand dollars of assessed valuation according to the assessment roll of the last preceding year in counties where such valuation is more than one hundred million dollars. At the annual meeting of the board To be laid of supervisors held in October, the county clerk shall lay supervisors. such determination before the board of supervisors, and such board of supervisors shall pass upon the said determination, and if a majority of such board of supervisors agree there- Apportionwith, then such tax shall be apportioned among the several townships and cities of said county according to their equalized valuation. If the determination of the board of county road commissioners shall not meet with the approval of a When majority of the board of supervisors then the said board of to determine supervisors shall proceed to decide upon the amount of tax amount. to be raised for such year in such county for the purposes aforesaid and may allow or reject in whole or in part any or all of the items for the sections of roads thus submitted for its consideration; and it shall not be lawful for such county road commissioners without the consent of such board of supervisors to expend any such moneys upon any other roads than as thus specified. It shall be the duty of Reasonable the board of supervisors to raise a sufficient tax to keep any county roads or bridges already built in reasonable repair, and in condition reasonably safe and fit for public travel. After the said board of supervisors shall have decided upon the amount of tax to be raised, the said board shall there- Apportionupon apportion such tax between the several townships and ment. cities of said county according to their equalized valuation. The supervisors or other assessing officers in such townships Levy. and cities shall levy and apportion the taxes so apportioned as provided in this section, to their respective townships and cities respectively, upon which the county taxes are assessed. The taxes so assessed shall be collected and paid to Collection. the county treasurer the same as other county taxes. All the provisions of law relating to the assessment, levy, collection and return of county taxes and the sale of property delinquent therefor, shall apply to taxes to be raised pursuant to this act. The county treasurer shall keep a separate ac- Account count of the taxes collected and moneys received under this of taxes. act and shall pay the same out only upon the order of such How paid out. board of county road commissioners and upon warrants signed by the chairman and countersigned by the clerk of

repair.

the board. In counties having a county auditor or board County through the auditors. hands of such county auditors and be further countersigned

of county auditors the warrants shall pass

by them, when payment shall be made thereof by the county

treasurer. All moneys raised under the provisions of this Expenditure. act shall be expended by such board of county road commissioners exclusively for the purposes herein mentioned.

Limit of indebtedness.

Proviso,

roads under construction.

Reasonable repair.

SEC. 21. Said board of county road commissioners shall have no power to contract indebtedness for any amount in excess of the moneys credited to such board and actually in the hands of the county treasurer: Provided, That the board may incur liability to complete roads under construction and upon contracts, after a tax is voted, to an amount not exceeding three-fourths of the said tax. It is hereby made the duty of the counties to keep in reasonable repair, so that they shall be reasonably safe and convenient for public travel, all county roads, bridges and culverts that are within their jurisdiction and under their care and control and Law to apply. Which are open to public travel. The provisions of law respecting the liability of townships, cities, villages and corporations for damages for injuries resulting from a failure in the performance of the same duty respecting roads under their control, shall apply to counties adopting such county road system. In actions arising thereunder, service shall be made upon the chairman of the board of supervisors or the county clerk of the county made defendant therein, which shall be named in the process as the "county of......” and any judgment obtained thereon against such county shall be audited and paid as are other claims against such county.

Service

of process.

Road institutes.

Discussions.

CHAPTER V.

SEC. 3. The highway commissioners of the several townships in each and every county in the State, and the county highway commissioners in counties working under the county road law, shall if deemed advisable by the State Highway Commissioner, meet annually in a road institute, at such time and place as the State Highway Commissioner may designate, there to consider such matters as he may present to their attention, and to discuss such matters of road improvement as may be of special interest to such township and county highway commissioners, and everytownship highway commissioner may collect from his townPer diem and ship the same per diem as in actual road work, and his actual expenses in attending such institute shall, if reasonable, be allowed by the township board and shall be paid by said township. Every county highway commissioner may collect from his county the same per diem as in actual road work, and his actual expenses in attending such institute, shall, if reasonable, be allowed by the board or committee, or county auditors who may have the authority in such matters in the county of which he is a county highway commissioner, and shall be paid by said county.

expenses.

Application for state

reward road.

SEC. 9. Whenever any township board, good roads district or county road commissioners shall make application for State reward on a road under their jurisdiction, certify

state com

ing that they have made arrangements to improve the same under the provisions of section ten, chapter five of this act, and shall file plans and profile of the road to be improved made out by a competent surveyor, and shall make application for general plans and specifications, it shall be the duty of the State Highway Commissioner, in case the location of Duty of such road meets with his approval, to enter such application missioner. in the order in which it is received and to furnish the general plans and specifications asked for. When such road has been completed and inspected by the State Highway Commissioner, or someone acting under authority of the commissioner and is found to be up to the required standard, he shall, providing there are funds in the State treasury for the paying of this reward, verify the same to the Auditor Verification General of the State, who shall draw a warrant upon the general. State Treasurer, payable to the proper authorities in such township, good roads district or county, for the amount of the reward due them according to the class and width of road built. And providing there are no funds in the State treasury for the paying of such reward when such road is completed and accepted, as soon as sufficient moneys shall become available, the State Highway Commissioner shall When reward verify the same to the Auditor General, who shall draw his warrant as above set forth, providing that the road shall have been kept in as good condition as when approved by the commissioner until the payment of the reward thereon.

to auditor

payable.

merited.

SEC. 10. The following classes and widths of roads, when Reward built, shall merit the reward attached to each description: (a) Every mile of well graded road on which the steep- Two hundred fifty dollars. est incline shall not exceed six per centum, except where found impracticable and a steeper grade is recommended after examination by the State Highway Commissioner, and the width of which shall not be less than twenty feet between and exclusive of side ditches, and which shall be properly drained, and have a wagon way or travel track not less than nine feet wide, made of a mixture of sand and clay or other material according to specifications furnished by the State Highway Commissioner, shall merit if approved by the State Highway Commissioner a reward from the State of two hundred fifty dollars, and pro rata for extra miles and fractions thereof in excess of the first mile, with an extra twenty-five dollars per mile for each additional foot in width of metaled surface in excess of nine feet up to and including sixteen feet;

dollars.

(b) Every mile of well graded road on which the steep- Five hundred est incline shall not exceed six per centum, except where found impracticable and a steeper grade is recommended after examination by the State Highway Commissioner, and the width of which shall not be less than twenty feet between side ditches, and which shall be properly drained, and have a wagon way or travel track not less than nine feet

Proviso, crowned to shed water.

Seven hundred fifty dollars.

Proviso,

crowned to shed water.

Seven hundred fifty dollars.

Proviso,

crowned to shed water.

One thousand dollars.

wide and which shall consist of not less than eight inches of compacted gravel, or not less than twelve inches of compacted burnt shale, which must be applied in not less than two layers, each layer to be rolled separately: Provided, That both shoulders and metaled track shall be properly crowned so as to shed water quickly to the side ditches, shall merit, if approved by the State Highway Commissioner, a reward from the State of five hundred dollars, and pro rata for extra miles and fractions thereof in excess of the first mile, with an extra fifty dollars per mile for each additional foot in width of metaled surface in excess of nine feet up to and including sixteen feet;

(c) Every mile of well graded road on which the steepest incline shall not exceed six per centum, and the width of which shall not be less than twenty feet between side ditches and which shall be properly drained, and have a wagon way or travel track not less than nine feet wide, made in two courses, the bottom course to be crushed stone, slag or other material, if approved by the State Highway Commissioner, and shall not be less than four inches thick after thorough rolling, and a top course consisting of a layer of gravel or blast furnace slag which shall not be less than three inches thick after being thoroughly rolled: Provided, That both shoulders and metaled track shall be properly crowned so as to shed water quickly to the side ditches, shall merit, if approved by the State Highway Commissioner, a reward from the State of seven hundred fifty dollars, and pro rata for extra miles and fractions thereof in excess of the first mile, with an extra seventy-five dollars per mile for each additional foot in width of metaled surface in excess of nine feet up to and including sixteen feet;

(d) Every mile of well graded road on which the steepest incline shall not exceed six per centum, and the width of which shall be not less than twenty feet between side ditches, and which shall be properly drained and have a wagon way or travel track not less than nine feet wide made in two courses, the bottom course to be of gravel, slag or other materials, if approved by the State Highway Commissioner, and be not less than four inches thick after thorough rolling, and a top course consisting of a layer of crushed stone which shall be not less than three inches thick after being thoroughly rolled and properly bonded: Provided, That both shoulders and metaled track shall be properly crowned to shed water quickly to the side ditches, shall merit, if approved by the State Highway Commissioner, a reward from the State of seven hundred fifty dollars, and pro rata for extra miles and fractions thereof in excess of the first mile, with an extra seventy-five dollars per mile for each additional foot in width of metaled surface in excess of nine feet up to and including sixteen feet;

(e) Every mile of well graded road on which the steepest incline shall not exceed six per centum, and the width of

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