GIFT OF
Dean Derleth
'
Road and Bridge
Laws
OF
ILLINOIS
Revision of 1917
ea ....;
d to..
Compiled by
LOUIS L. EMMERSON
Secretary of State
[Printed by authority of the State of IlUnola.]
4*.
Engineering
Library
<?/!
ROAD AND BRIDGE LAWS OF ILLINOIS REVISION
OF 1917.
Article 1. Definitions.
Article 2. (2-7). State Highway De-
partment.
Article 3. (8). County superintendents
of highways.
Article 4. (9-33). State aid.
Article 5. ( 34-39). Bridges and im-
provements constructed and re-
paired by a county at the joint
expense of a county and any
town or road district therein.
Article 6. (40-129). Town and dis-
trict organization and adminis-
tration for highway purposes.
Subdivision 1. (40-41). Organi-
zation: Division into towns
and districts.
Subdivision 2. ( 42-54). Highway
officers: Their election,
powers, duties and compen-
sation.
Subdivision 3. ( 55-62). The rais-
ing of revenue for high-
way purposes and the ap-
plication thereof.
Subdivision 4. (63-67). Provi-
sions specially applicable
to bridges and improve-
ments constructed or re-
paired at the joint expense
of two adjoining towns or
districts.
Subdivisions. (68-72). The let-
ting of contracts.
Subdivision 6. (73-104). Laying
out, altering, vacating,
widening roads.
Subdivision 7. ( 105-107). Re-
pairs and maintenance of
roads and bridges.
Subdivisions. ( 108-129). Gravel,
rock and macadam hard
roads.
Article 7. ( 130-138). Certain provi-
sions applicable generally to
highway officials.
Article 8. (139-157). Law of the
road: Offenses and penalties.
Artcile 9. (158-167). Optional sin-
gle highway conjmissioner
system provided for.
Article 10. (168-169). Act construed
statutes repealed.
AN ACT to revise the law in relation to roads and bridges.
SECTION 1. Be it enacted by the People of the State of Illinois,
represented in the G'eneral Assembly: That the laws relating to roads
and bridges be and they hereby are codified, revised and amended, with
articles, subdivisions, and sections entitled, numbered and to read
as follows :
ARTICLE I.
DEFINITIONS.
SECTION 1. (a). STATE ROAD AND BRIDGE FUND.] That the term
"State Road and Bridge Fund," when used herein, shall mean all
moneys appropriated by the State of Illinois for road and bridge
purposes.
(b) STATE AID ROADS.] The term "State Aid Roads" herein shall
mean all roads or bridges constructed, repaired or improved at the
joint expense of the State and any county or counties within the State
as hereinafter specified.
ARTICLE II.
STATE HIGHWAY DEPARTMENT.
2. STATE HIGHWAY DEPARTMENT (A) ESTABLISHMENT.] There
is hereby created a department, to be known as the State Highway
810591
A/'Liri
Departrheht, .the officers of which shall consist of the members of the
: < ;.'SU$$ Highway Commission, the Chief State Highway Engineer, the
'Assistant State Highway Engineer and the various subordinate officers
hereinafter specified and set forth.
(B) OFFICES.] The Secretary of State shall provide for the State
Highway Department suitably furnished offices in the capitol building
at Springfield and shall provide therefor suitable blanks, stationery,
printed matter and other office supplies.
3. STATE HIGHWAY COMMISSION (A) OFFICE CREATED.] The
Governor shall, by and with the advice and consent of the Senate,
within thirty days after this Act shall take effect, appoint three State
highway commissioners (no more than two of said persons shall
belong to or be affiliated with the same political party, nor shall they
be actively engaged in any other business, occupation or profession,
but shall devote all their time to the work of said commission), to hold
office one for two years, one for four years and one for six years, from
and after the date of their appointment and qualification and until *
their respective successors are appointed and qualified, and they shall
constitute and be known as the "State Highway Commission." And
on the first day of March, 1916, and at the end of every two years
thereafter, the Governor shall, in like manner and by and with the
advice and consent of the Senate, appoint one person as the successor
of the commissioner whose term shall have then expired, to serve as
such commissioner for the term of six years and until his successor is
appointed and qualified. One person appointed on the board shall be,
and shall be designated in the appointment, the president, who shall
be the executive officer of the board. Two of said commissioners
shall constitute a quorum.
(B) OATH BOND.] The members of the said State Highway
Commission before entering upon the -duties of their office, shall take
the oath prescribed by the Constitution of this State for State officers,
and said oath shall be filed in the office of the Secretary of State.
.They shall also execute a good and sufficient bond to the State in the
sum of not less 'than $10,000.00 each, conditioned upon th'e faithful
performance of their duties, said bond to be approved by the Governor,
and then filed with the Secretary of State.
(C) SALARY-^-EXPENSES.] The said State^ Highway Commission-
ers shall each receive an annual salary of three thousand five hundred
dollars ($3,500.00), and in addition thereto they shall be allowed their
actual and necessary traveling expenses incurred in attending to official
business. Said commissioners may also incur necessary expenses for
clerk hire and other incidental expenses, proper and necessary for the
carrying out of the provisions of this Act, as well as for the general
purposes hereinafter indicated.
(D) .GENERAL POWERS AND DUTIES.] The commission provided
for herein shall :
(1) Have general supervision of highways and bridges which are
constructed, improved and maintained in whole or in part by the aid of
State moneys.
3
(2) Prescribe rules and regulations not inconsistent with law,
fixing the duties of all persons employed in the State Highway De-
partment and the various county superintendents of highways.
Such rules and regulations shall, before taking effect, be printed
and transmitted to the highway officials affected thereby.
(3) Aid county superintendents of highways and town and
district commissioners of highways in establishing grades, pre-
paring suitable systems of drainage and advise them as to the
construction, improvement and maintenance of highways and bridges.
(4) Employ such clerical and other assistants as they may
deem necessary to properly carry on the work of their office.
(5) Cause plans, specifications and estimates to be prepared
for the repair and improvement of highways and the construction
and repair of bridges when requested so to do by a county super-
intendent of highways or by a highway commissioner of any town
or road district therein.
(6) Investigate and determine upon trie various methods of
road and bridge construction adapted to different sections of the
State and as to the best methods of construction and maintenance
of highways and bridges.
(7) Compile statistics relating to public highways throughout
the State and collect such information in regard thereto as they
shall deem expedient.
(8) Aid at all times in promoting highway improvement
throughout the State and perform such other duties and have such
other powers in respect to highways and bridges as may be im-
posed or conferred upon them by law.
(9) Approve and determine the final plans, specifications and
estimates for all State aid roads upon the receipt of the report of
the plans, specifications and estimates of the State Highway Engi-
neer as provided herein.
(10) Let all contracts for the construction or improvement of
State aid roads.
(11) Prescribe a system of auditing: and accounting for all
road and bridge moneys for the use of all highway officials, which
system shall be as nearly uniform as practically possible.
(12) Perform all other duties prescribed in this Act or rea-
sonably inferable therefrom.
4. STATE HIGHWAY ENGINEER (A) APPOINTMENT.] As soon as
practicable after the taking effect of this Act, the Governor shall
appoint a Chief State Highway Engineer and an assistant State
highway engineer who shall each be competent civil engineers, and
experienced and skillful in highway construction and maintenance.
The said chief State Highway Engineer shall receive a salary of
four thousand dollars ($4,000) per annum, and the assistant chief
State highway engineer shall receive a salary of twenty-five hun-
dred dollars ($2,500) per annum, and, in addition thereto, they
shall be allowed their actual traveling and other expenses incurred
under the provisions of this Act. They shall each hold office for
the period of six years and until their respective successors are
appointed and qualified.
(B) OATH BOND.] Said Chief State Highway Engineer and his
assistant, before entering upon the duties of their respective offices,
shall each take the oath prescribed by the Constitution of this
State for State officers and said oath shall be filed in the office of
the Secretary of State.
If demanded by the Governor, the said Chief State Highway engi-
neer and his assistant shall be required to execute a good and
sufficient bond in such sum as the Governor shall prescribe, con-
ditioned upon the faithful performance of their duties, said bond
to be approved by the Governor and then filed with the Secretary
of State.
(C) POWERS AND DUTIES.] The said Chief State Highway Engi-
neer and the said assistant State highway engineer shall be the
administrative and technical agents of the State Highway Commis-
sion, and shall be generally subject to the orders of the said State
Highway Commission. The said Chief State Highway Engineer
and the assistant aforesaid may at all reasonable times be consulted
by county, township or road district officers having authority over
roads and bridges relative to any question involving such highways
and bridges.
5. CIVIL SERVICE.] With the exception of the State Highwa>
Commission, the Chief State Highway Engineer and the assistant
State highway engineer, the appointment of all assistant agents or
clerks or other employees of the State Highway Department shall
be subject to the laws of this State relating to the civil service.
6. REMOVAL FROM OFFICE VACANCY.] The Governor shall have
the power to remove the State Highway Commission, the State
Highway Engineer and the assistant State highway engineer from
their respective offices for incompetency, neglect of duty or mal-
feasance in office. Irt~case of a vacancy in either of said offices the said
vacancy shall be filled by appointment by the Governor by and
with the advice and consent of the Senate. When the Senate is
not in session, the Governor may make an appointment to fill a
vacancy, but any appointment made when the Senate is not in
session shall be -subject to confirmation by ^the . Senate at its next
session before becoming permanent.
7. DUTIES OF PRESENT STATE HIGHWAY COMMISSION TERMIN-
ATED.] Upon the appointment of a State Highway Commission, under
the provisions of this Act, the present State Highway Commission
shall terminate and the members thereof shall turn over all books,
maps, papers, plans and other things pertaining to their office to
the State Highway Commission herein provided for.
ARTICLE III.
COUNTY SUPERINTENDENTS OF HIGHWAYS.
8. COUNTY SUPERINTENDENTS OF HIGHWAYS (A) APPOINT-
MENT.] In each and every county of the State there shall be a county
superintendent of highways to be appointed in the manner follow-
ing: Within ninety days after this Act shall become effective, the
county board of each county shall submit to the State Highway
Commission a list of from three to five persons, residents of the
county, considered desirable candidates for the office of county
superintendent of highways. The State commission shall there-
upon determine by competitive examination from among the names
submitted, the person or persons best fitted for said office, and
shall thereupon certify the same to the county board submitting such
list, who shall then make an order appointing, from the number found
eligible, one such person superintendent of highways for such county :
Provided, however, that if on the list submitted there is found no
person qualified for the position the county board shall in like
manner submit a further list and if on this second list no one is
found qualified the county board may employ some person other
than a resident of the county and who has passed satisfactorily the
examination presented by the State Highway Commission. No
part of any moneys appropriated by the State for the building and
maintaining of State aid roads shall be apportioned to any county
until such county superintendent of highways shall have been ap-
pointed.
(B) TERM OF OFFICE SALARY.] The term of office of each
county superintendent of highways shall be six years and until his
successor is duly appointed and qualified. He shall receive a salary
payable out of the general funds of the county in a sum to be fixed
by the county board.
(C) REMOVAL.] Any county superintendent of highways may be
removed from office by the county board of his county for incom-
petence, neglect of duty or malfeasance in office.
(D) POWERS AND DUTIES.] The county superintendent of high-
ways shall, subject to the rules and regulations of the State High-
way Commission :
(1) Prepare plans, specifications and estimates for all bridges
to be built by the countv. Such plans and specifiations, before be-
ins: finally adopted, shall be submitted to the State Highway Com-
mission and approved by them.
(2) Act for the county in all matters relating to the super-
vision of the construction and maintenance of anv road or bridge
constructed or maintained at the entire expense of the county or at
the joint expense of the county and any town or road district
therein, as hereinafter set forth.
(3) Visit and inspect the highways and bridges in each town
or district of his county, at least once in each year and whenever
directed so to do by the State Highwav Commission, or the State
Highway Engineer, and advise and direct the highway commis-
sioners of the several towns or districts in his county as to the
best methods of repair, maintenance and improvement of highways
and bridges.
6
(4) Subject to the direction of the State Highway Commis-
sion, to supervise the repair and maintenance of all State aid roads
within his county.
(5) Keep a record of all contracts or purchases of materials,
machinery or apparatus to be used in road construction in excess
of two hundred dollars ($200) approved by him in any town or
district as hereinafter provided.
(6) Perform such other duties as may be prescribed by law, the
rules and regulations of the State Highway Commission or the direc-
tion of the State Highway Engineer in conformity thereto. Other than
as above specifically indicated, the county superintendent of highways
shall, to all intents and purposes be regarded as a deputy to the State
Highway Engineer: Provided, however, that no county superintend-
ent of highways shall be required, without his consent, and the con-
sent of the board of supervisors, or the board of county commissioners,
of the county in whose employ he is to perform services in any other
county.
(E) VACANCY.] In case the office of county superintendent of
highways in any county shall at any time be vacant, and a temporary
emergency shall arise requiring that some duly qualified official perform
the duties of said office, then the State Highway Commission may
designate any competent person to perform the duties of such office
during the existence of such temporary emergency.
ARTICLE IV.
STATE AID.
9. STATE AID AUTHORIZED.] Public highways or sections
thereof, including bridges therein, may be laid out, improved or con-
structed at the joint expense of the S.tate and any county within the
State as hereinafter provided. In such case the State* shall contribute
one-half of the expense thereof, and the county or counties through
which the said highway or portion thereof passes shall contribute the
remaining one-half. Such highways hereinafter known as "State Aid
Roads," may be laid out, constructed or improved in the manner here-
inafter directed:
The board of supervisors or county commissioners of any county
shall, by a majority vote of the entire board oi supervisors or county
commissioners, in regular or special session, specify the type of road
to be constructed under the provisions of this Act In their respective
counties, which decision shall be final and not subject to change by
the State Highway Commission, whether of permanent earth improve-
ment, (including surface or sub-surface drainage, grading, leveling, and
crowning), gravel, macadam, concrete, concrete and macadam com-
bined, or brick, and the respective boards of supervisors or county com-
missioners shall have the authority to specify any one of the herein
designated types of roads: Provided, the final decision as to type of
road to be builded under the provisions of this Act in any county shall
not be made until the board of supervisors or county commissioners
shall have secured from the State Highway Commission detailed
estimates of the cost in their respective counties of the several herein
specified types of roads and the estimates furnished by the State High-
way Commission shall be published for two consecutive issues once
each week in two newspapers having the largest circulation in the
county. In case the board of supervisors or county commissioners do
not desire to exercise the privilege and power herein conferred upon
them as to designating the type of road to be builded and shall so
notify the State Highway Commission, then it shall be the duty of
the State Highway Commission to specify the type of road to be
builded and the decision of the State Highway Commission shall
have the same force and finality as if made by the board of supervisors
or county commissioners. When a certain type of proposed road is
specified by the board of supervisors or county commissioners or by
the State Highway Commission by and with the consent of the board
of supervisors or county commissioners such type shall be adhered to
throughout the entire length of such road; that is, from one main
objective or connecting point to another within the county: Provided,
nothing herein contained shall prohibit the State and county jointly, at
any future time, rebuilding and changing, under the provisions of
this Act, an earth, gravel, or macadam type of road to any other more
permanent type herein specified: Provided, further, that when a
gravel or macadam road is constructed the county shall pay one-half
the cost of such maintenance: And, provided, further, that when an
earth road is constructed the county shall pay the entire cost of main-
tenance.
Provided, however, that no road or part thereof lying within the
corporate limits of any city or village situated within any county of
the first or second class, or any city or village, having a population
exceeding twenty thousand (20,000) inhabitants by the last preceding
Federal census situate within any county of the third class, shall be
improved or constructed with State aid : And, provided, that a road or
part thereof lying within the corporate limits of any city or village
having a population of twenty thousand (20,000) inhabitants or less,
ascertained as aforesaid, situate within any county of the third class,
maybe improved or constructed with State aid, to connect or complete,
by the most direct route, a State aid road already improved or con-
structed or being improved or constructed to the corporate limits of
such city or village.
And, provided also, that a road or part thereof lying within the
corporate limits of any city, village or town, having a population of
two thousand five hundred (2,500) inhabitants or less as ascertained
as aforesaid in any county, may be improved or constructed with
State aid, to connect or complete by the most direct route, a State
aid road already improved or constructed or being improved or
constructed, to the corporate limits of such city, village or town.
The cost of such road for the same width as outside of the corporate
limits and of the same materials may be provided for in the same
manner as for that portion outside the corporate limits. By agree-
ment between the State Highway Commission and the common
8
council or board of trustees, a road or street of greater width and
of different materials may be constructed through such city, vil-
lage or town by the State Highway Commission, such city, village
or town to pay the excess cost, if any, for such greater width, or
different material. But such city, village or town shall thereafter
maintain said road or street within the corporate limit.
[Amended by Act approved June 25, 1917.
10. At their next regular or special meeting following the pas-
sage of this Act it shall be the duty of the supervisors in counties under
township organization, or the board of county commissioners in coun-
ties not under township organization, to designate those public high-
ways within their respective counties that shall come under the provi-
sions of this Act. The highways to be designated by the county
boards shall be as nearly as possible those highways connecting the
principal cities and trading points in each county with each other, and
also with the principal cities and trading points in other counties.
11. Such highways shall not include any portion of a public
highway within the corporate limits of any city or village, except as
in section 9 of this Act provided; nor shall the total mileage of such
highway in any county exceed, in counties of the first class, more
than fifteen per centum of the total public road mileage of that county,
nor exceed twenty per centum of the public road mileage in counties
of the second class, and shall not exceed twenty-five per centum of
the public road mileage in counties' of the third class. By public roads
it is understood to mean all public roads within the State except those
within the limits of such incorporated cities and villages as are by sec-
tion 9 of this Act excluded ; the public road mileage of the counties to
be that as determined and published by the State Highway Commis-
sion. [As amended by Act approved June 25, 1915.
12. The county boards shall indicate the highways selected as
aforesaid by marking them upon some map which shows the 'public
roads and section lirtes in the county, and for this purpose existing
atlas maps may, be used, provided the roads selected are plainly
marked thereon. ' _ __^
After the county boards have so selected the highways within
their respective counties as aforesaid, and indicated the same on a
map of the county, it shall be the duty of the county clerk imme-
diately to forward said map, with his signature thereon attesting to the
validity of the same, to the State Highway Commission. The State
Highway Commission shall examine the map with the roads located
thereon, and if the roads selected in one county do not connect with
the roads selected in another county to make convenient through roads
between the various cities and trading points of the different counties,
the State Highway Commission shall make such changes as will best
serve to make the most direct routes between such cities and trading
points of the different counties, and return to the county clerks the
maps with the corrections shown thereon.
13. If in the judgment of the State Highway Commission it be-
comes necessary to relocate the routes as selected by the county board.
9
for State highways in any county, the State Highway Commission may
notify the respective boards who shall, at their special meeting when
they are selecting the State highways, appoint a committee not to
exceed five in number, who shall, if they choose, appear before the
State Highway Commisson, who shall give hearings on the relocation
of the routes as first selected by the county boards. After taking
into consideration the information thus presented by these special com-
mittees, the State Highway Commission shall then proceed to indicate
the routes along which State aid roads may be constructed, as herein-
after provided. The highways selected by the county boards and shown
on the maps as revised by the State Highway Commission, shall be the
highways to which the provisions of this Act shall apply, and they shall
not apply to any other public highways. -After the county map has
been finally corrected by the State Highway Commisson, a copy shall
be returned to the county clerk and a copy retained by the State High-
way Commission.
14. The county clerk shall enter the map returned to him among
his official records, and no changes in the routes indicated thereon shall
be made, except by a vote of the county board and with the approval
of the State Highway Commission, as hereinafter indicated ; and no
changes whatever shall be made in the routes of such highways prior
to three years after the filing of the first map thereof, except that in the
event the routes as first selected and shown do not total a mileage equal
to the percentage allowed for that county, additional roads may be
added until the total percentage is equaled.
15. If any county board shall fail within six monfchs after the
passage of this Act to forward to the State Highway Commission a
map showing the routes selected for State aid roads, then the State
Highway Commission may make such selection itself from the best
information that may be available, and a copy of such map with the
roads selected shall be sent to the county clerk of those counties whose
boards have not made a selection within the six months as herein pro-
vided which fact shall be indicated on the map submitted by the State
Highway Commission; and it shall be the duty of the county clerk to
file such map among his records.
15a. The improvement of the system of State highways as
herein provided shall be carried on as follows: From such appro-
priations as the General Assembly may from time to time make for
the purpose of carrying out the provisions of this Act, there shall be
allotted by the State Highway Commission each year for each county
an amount that shall bear the same ratio to the total appropriation
for that year that the total amount levied in each county for roads
and bridges bears to the total amount levied in the state for roads
and bridges, as determined from the published reports of the Auditor
of Public Accounts from the last year so reported : Provided, that
to counties, in which more than 40 per cent of the total amount appro-
priated by the General Assembly for building roads is collected, includ-
ing any amount collected for automobile and kindred licenses, and
devoted to road building by such appropriation, there shall be allotted,
10
under the provisions hereof,. an amount equal to twenty-five per cent
(25%) of .the amount so collected in such county.
The sum so allotted to each county shall be used to defray the
cost of constructing State aid roads when such work is carried on
in conformity with the provisions of this Act : Provided, that the
allotment made by the State shall not be used to defray more than
one-half the cost of any improvement done under the provisions of
this Act.
15b. If for any reason any county shall within six months from
the date of the allotment fail to provide and appropriate an amount
equal to said allotment by the State Highway Commission for the
purpose of constructing State aid roads, then the amount so allotted
shall be forfeited by said county and the same shall be reallotted to
those counties which have complied with the requirements herein
contained.
loc. It shall be considered sufficient acceptance of the allotment .
to a county of the State appropriation for the construction of State
aid roads, if a county board shall give notice to the State Highway
Commission that it has -assessed a tax to raise its portion of the cost,
or that it has passed an order submitting to a vote of the people the
question of raising an additional tax for this purpose, or that it has
passed an order submitting to a vote of the people the question of
issuing bonds for this purpose, Otherwise, a county's allotment shall
be considered forfeited, as provided in section 15b of this Act.
15d. If any county desires, more rapidly than its allotments of
State aid road moneys will permit, to construct a State aid road along
any one or more of its highways that have been selected and desig-
nated, under the provisions of this Act, as State aid roads, such county
is hereby authorized to advance, out of any county funds available
from any source, or which may become available from any source, for
such purpose, the entire cost of constructing such State aid roads and
to make such improvement at any time : Provided, also, that any such
Bounty may accept, receive and use as county funds for such purpose
any money turned over to such county by any town or road district
.in such county, and the commissioners of highways of any such town
or road district are hereby authorized to turn over to such county
money from the permanent road fund or other available fund of the
town or road distrct, to be used bv such county,, upon terms and con-
ditions prescribed by the State Highway Commission, to construct a
State aid road in such town or road district. Such county shall, in
such case, have the right to use any allotment of money made to it by
the State Highway Commission, to defray one-half the cost of con-
structing new State aid roads, in the county, under the provisions of
this Act, or to apply the money on the payment of any bonds or other
obligations which have been or may be issued by such county, under
any law of this State, to meet the cost of the construction of any State
aid road or roads constructed by such county at its own expense:
Provided, however, that the allotments made by the State shall not be
used to cover more than one-half the cost of the construction of such
11
State aid roads : And, provided, also, that such State aid roads shall
have been constructed under, and in accordance with, plans, specifica-
tions, estimates of cost and contracts approved by the State Highway
Commission and which roads shall have been found, upon inspection
of the State Highway Engineer, to have been completed as provided
for in said contracts. All highways constructed or improved in any
county under the provisions of this section shall be known as State aid
roads and shall thereafter be repaired and maintained under, and in
accordance with, the provisions of section 32 of this Act, and any
amendments thereto.
If any county desires so to advance money for the purpose of the
construction or improvement of its State aid roads, its county board is
hereby vested with full power and authority to take all necessary steps
in such case and such county board may, out of any funds in the county
treasury, not required for other purposes, appropriate therefrom suf-
ficient moneys to meet the cost of constructing or improving such
State aid roads, and may also, in any manner provided by law for
issuing county bonds, issue bonds of the county for the purpose of
constructing or improving such State aid roads: Provided, that the
question of issuing such county bonds shall first be submitted to the
legal voters of such county at any general election or at a special
election which the county board is hereby authorized to call for such
purpose: And, provided, also, that the county board of such county
shall, before adopting a resolution to submit such question to a vote,
adopt a resolution specifying the particular roads to be improved, the
type of improvement to be made on each section of such roads, the
proposed widths of the paved and graded roadway, together with an
estimate of the cost of such improvement, all of which shall have been
approved by the State Highway Commission : And, provided, also,
that such bonds shall be issued to mature in not less than ten nor more
than twenty annual series, the last series to mature not more than
twenty years from date of issue. If the question of an issue of such
bonds is submitted to the people, notice of election shall be given and
the election shall be held and returns made, all in the manner now pro-
vided by the general election laws of this State, and the ballots shall
be in substantially the following form :
Shall county bonds for roads be issued to the
Yes
amount of $ ?
No
If a majority of the voters voting on such question vote in favor
of the proposition the county board shall at once issue the bonds and
take the necessary steps to construct or improve the State aid roads
provided for. This section shall not be construed to repeal any other
law on the subject of issuing county bonds, except in so far as such
other law is in direct conflict herewith.
12
If it shall be deemed necessary to submit to a vote of the people
at the same election (whether a general election or special election)
the question of issuing bonds and the raising of an additional tax, the
same may be included in one proceeding and in that case the ballot
shall be in substantially the following form:
Shall county bonds for roads be issued to
the amount of $ and an
Yes
additional tax levied for the payment of
interest and principal of such bonds?
No
[Amended by Act approved June 27, 1917.
16. PROCEEDINGS FOR CONSTRUCTION OF STATE AID ROAD PRE-
LIMINARY RESOLUTION OF COUNTY BOARD.] Whenever the county board
of any county desires to initiate proceedings for the construction of
a State aid road, along a route designated as aforesaid, such county
board may proceed in the manner following: The county board may
pass a resolution stating that the public interest demands, the improve-
ment of a highway or section thereof within the county, and request-
ing that it be constructed or improved as provided in this article.
Such resolutions shall contain a description of such highway or section
thereof. The county clerk shall, within ten days after the passage
of such resolution, transmit a certified copy thereof to the State
Highway Commission.
17. EXAMINATION OF PROPOSED HIGHWAY APPROVAL OR DISAP-
PROVAL BY COMMISSION.] As soon as practicable after the receipt of
such resolution, the State Highway Commission shall consider the
apparent desirability and importance of the proposed improvement,
and shall determine whether such proposed improvement will be of
public utility and convenience, and whether the construction thereof
will be practically possible. After such consideration the commission
shall certify their approval or disapproval of the proposed improve-
ment to the county board making application therefor.
18. MAPS, PLANS, SPECIFICATIONS AND ESTIMATES.] Whenever
the commission shall have made their preliminary order as aforesaid,
in favor of the construction or improvement of a public highway or
section thereof, the said commission shall direct the State Highway
Engineer, or the assistant State highway engineer to cause proper
surveys to be made and to prepare suitable maps, plans, specifications
and estimates of cost of the proposed improvement. In the prepara-
tion of such plans, specifications and estimates, the State Highway
Commission may cause to be included therein, the value of any
materials or the fair rental value of any implements, apparatus or
machinery suitable for road construction which the State Highway
Commission desires should be furnished or supplied by the State. In
the preparation thereof the State Engineer may call upon the county
superintendent of highways to render such assistance and to preform
such part of such work as he shall deem necessary. The preparation
13
of such plans, specifications, surveys and estimates of cost shall be
subject to the general direction and control of the State Highway
Commission. If deemed advisable such plans, surveys, specifications
and estimates may provide for the widening of an existing highway j
or provide for a reasonable deviation from the route described in the
preliminary resolution of the county board.
19. EMINENT DOMAIN.] In case the plans and surveys provided
for in the preceding section require the taking or damaging of the
property of any private land owner the State Highway Commission
in such manner as they may determine, shall, if possible, agree with
such private owner relative to the amount of damages sustained,
conditioned upon the construction of the proposed improvement. Such
agreement when made, shall be given full force and effect according
to the terms thereof. In case such land owner fails to reach an agree-
ment with the commission respecting such damages, or is legally
incapable of so doing, the said State Highway Commission may file
a petition in any court of competent jurisdiction addressed to any
judge thereof in vacation, praying for the assessment of damages for
such proposed improvement, after the manner now provided by law
relative to the exercise of the right of eminent domain. The damages
as thus finally determined either by agreement or proceedings in emi-
nent domain shall be included in the estimate of the cost of the pro-
posed improvement, to be borne equally by the State and the county
constructing the same.
In case a proposed improvement be abandoned after a resort to
proceedings in eminent domain as aforesaid, the costs of such proceed-
ings to which the property owner is by law entitled, shall nevertheless
be paid one-half out of the State road and bridge fund and the remain-
ing one-half by the county.
20. REPORT TO STATE HIGHWAY COMMISSION AND TO COUNTY
BOARD.] Whenever the surveys, plans, specifications and estimates of
the proposed improvement are fully completed and determined, the
State Highway Engineer shall make a complete report thereof and
deliver the same to the State Highway Commission, and shall also
transmit a copy thereof to the county board of the county wherein
it is proposed to construct the improvement.
21. FINAL RESOLUTION OF STATE HIGHWAY COMMISSION.] Upon
receiving the surveys, plans, specifications and estimates provided for
in the preceding sections, the State Highway Commission shall finally
determine whether they will authorize the construction of the pro-
posed improvement as a State aid road. The commission shall there-
upon at once cause a copy of such determination to be transmitted to
the county board.
22. FINAL RESOLUTION OF COUNTY BOARD.] At any regular or
special meeting of the county board held after notice of the decision
of the State Highway Commission to authorize the construction of
the proposed improvement as aforesaid, the county board shall de-
termine whether it will authorize the proceedings necessary to enable
the county to contribute one-half of the cost required for the con-
14
struction of State aid roads as provided in this Act. When a county
board has once adopted a final resolution providing for the construc-
tion or improvement of a highway or a section thereof in accordance
with such plans and specifications, no resolution thereafter adopted
by such board shall rescind or annul such prior resolution, either
directly or indirectly, excepting under the advice and with the consent
of the State Highway Commission. In case the county board desires
that such provision be made for the construction of a State aid road,
it may proceed in either of the methods following:
(1) In case there be sufficient funds in the county treasury avail-
able therefor, the county board may appropriate therefrom sufficient
to meet one-half the cost of the improvement.
(2) If the county board so desires and deems it necessary for
the purpose of the improvement herein authorized, the said county
board, in the manner now provided by law for issuing bonds for county
purposes, may submit to the legal voters of their county the question of
issuing such county bonds. In such case the votes in favor of the
proposition submitted shall be "For County Bonds for State Aid
Roads," and those against shall be "Against County Bonds for State
Aid Roads."
23. All moneys appropriated by any county board to aid in the
construction of a State aid road, and all moneys raised by taxation
therefor shall be held as a separate fund therefor until paid out
according to the provisions of this Act, and shall not be expended for
any other purpose.
24. FINAL NOTICE TO STATE HIGHWAY COMMISSION.] In case the
county finally determines in either of the methods indicated in the
preceding section, to make provisions for the contemplated State aid
road, the county clerk shall at once notify the State Highway Commis-
sion thereof.
25. ORDER OF CONSTRUCTION OF STATE AID ROA^S.] Upon the
receipt of the notice that the county has finally determined upon the
construction of a State aid road in the manner aforesaid, the State
Highway Commission shall proceed as provided in this article. In so
far as practicable, in the opinion of the State Highway Commission,
the construction and improvement of State aid roads shall be taken
up and carried forward within the several counties of the State in
the consecutive order of the date of the receipt by the commission of
the certified copies of the final resolutions adopted by the various
county boards making provision for such construction or improvements,
as aforesaid: Provided, that until the notices and proceedings have
been given and had as in the preceding sections provided the designated
roads shall remain under the control of the township road authorities.
26. CONTRACT FOR STATE AID ROADS.] State aid roads may be
constructed or improved by contract in the manner provided herein.
No contract for the improvement or construction of a State aid road
shall be entered into unless at the time there is in the State road and
bridge fund, subject to the order of the State Highway Commission,
sufficient moneys to defray the portion of the cost thereof which the
15
State is required to contribute under the provisions of this Act. Upon
the completion and final adoption or approval, as provided by law, of
the plans and specifications and estimates for the construction or
improvement of a State aid road, a contract therefore may be executed
as provided herein.
In letting contracts for the building of bridges, or culverts, wherein
the county alone is interested, or wherein the county and State are
interested, or the county and township or road district are interested,
it shall be the duty of the officials in letting said contracts to invite,
receive and consider proposals on any other plan other than the one
prepared by the county superintendent of highways, or State Highway
Commisison, and they shall require that all proposals on such plans
shall be accompanied with complete stress diagrams and specifications ;
nature, quality and size of material to be used ; strength of structure
when completed, etc., it being understood, however, that before any
such plans shall be finally adopted it shall, in like manner as all other
plans, profiles, specifications and estimates submitted, have the approval
of the county superintendent of highways and the State Highway
Commission.
(1) The State Highway Commission shall advertise for proposals
for the construction or improvements of such highways or sections
thereof, according to the plans, specifications and estimates prepared
therefor. The advertisement shall be limited to a brief description of
the work proposed to be done, the terms and conditions under which
proposals will be received, the time and place where the same will be
opened, and such other matters as the commission m#y deem advisable
to include therein. Such advertisement shall be published at least
once in each week for two consecutive weeks in a newspaper published
in the county in which such highway or section thereof is to be con-
structed or improved, and in such other newspapers as the commission
may designate. In such advertisement the State Highway Commission
may provide that certain materials, or machinery or implements suit-
able for road construction shall be furnished by the State or used in
the construction of said State aiol road, and may also indicate the fair
value of the same or for the use thereof.
(2) Each proposal shall specify the gross sum for which the work
will be performed exclusive of such materials as may be furnished by
the State and also shall include the amount to be charged for such
item specified in the estimate. The commission may prescribe and
furnish forms for the submission of such proposal and may prescribe
the manner of submitting the same which shall not be inconsistent
herewith. The proposals shall be publicly opened at the time specified
in the advertisement aforesaid and when opened such proposals shall
be subject at all reasonable times to public inspection and at the time
of opening shall be publicly read.
(3) The contract for the construction or improvement of such
highways or section thereof shall be awarded to the lowest responsible
bidder, except that no contract shall be awarded at a sum which,
together with the value of materials and machinery to be furnished by
16
the State as fixed by the State Highway Commission, shall exceed the
estimate made for the construction or improvement of such highway
or section thereof in accordance with the aforesaid plans and specifica-
tions. The lowest bid shall be deemed to be that which specifically
states the lowest gross sum for which the entire work shall be per-
formed, including all the items specified in the estimate therefor.
(4) The commission may reject any or all proposals and may at
once advertise for new proposals as hereinbefore provided, if in their
opinion the best interests of the State will thereby be promoted.
(5) The commission shall prescribe the form of contract and may
include therein such matters as they may deem advantageous to the
State. Such form shall be uniform in so far as it may be.
(6) Each contractor before entering into a contract for such
construction or improvement, shall execute a bond in the form pre-
scribed by the commission, in the penal sum of not less than one-third
the amount of the contract, with sufficient sureties to be approved
by the commission conditioned that he will perform the work in
accordance with the terms of the contract, and with the plans and
specifications, and that he will commence and complete the work
within the time prescribed in the contract. Such bond shall also
provide against any direct or indirect damages that may be suffered
or claimed on account of such construction or improvement during
the time thereof, and until the highway is accepted : Provided, one-
third the total amount of such bond shall also be conditioned upon
the payment by the contractors of all sums of money due for any labor,
material, apparatus, fixtures or machinery furnished to such contractor
for the purpose of such construction or improvement. One-third total
amount of such bond shall inure to the benefit of any person to whom
any money may be due for any such labor, material, apparatus, fixtures
or machinery so furnished and suit may be maintained on such bond
by any such person for the recovery of any such money. %
(7) The contract jnay provide for partial payments to an amount
not exceeding 90 per c~entum of the value of the work done which
shall be paid in the manner provided by this article when certified to
by the commission. In case partial payments are made the State and
county shall each pay one-half thereof as the work progresses. Ten
per centum of the contract price shall be retained until the entire work
has been completed and accepted. But no final payment shall be made
on account of such construction or improvement until jt is shown that
all sums of money due for any labor, material, apparatus, fixtures or
machinery furnished for the purpose of such improvement have been
paid. [Amended by an Act approved June 25, 1915.
27. ACCEPTANCE OF STATE AID ROAD WHEN COMPLETED.] Upon
the completion of a State aid road or section thereof constructed or
improved under a contract let as provided in this article, the State
Highway Engineer shall inspect the same, and if completed as pro-
vided in the contract, he shall thereupon report to the State Highway
Commission. If the commission approve, they shall notify the con-
tractor thereof and the highway or section thereof so constructed or
1?
improved shall be deemed to have been accepted by the State. Such
acceptance shall also be communicated by the State Highway Com-
mission to the county clerk of the county wherein such improvement
or portion thereof is located.
28. PAYMENTS HOW MADE EFFECT OF CONTRACT.] Upon the
acceptance by the State of an improvement as hereinbefore provided,
the contractor shall be entitled to receive the portion of the contract
price then remaining due and unpaid. The contractor shall receive
one-half of the total cost of su^h improvement directly from the State
treasury, and the other half shall be paid by the county to such con-
tractor.
Upon the order of the State Highway Commission, the Auditor
of Public Accounts is hereby authorized to draw his warrant upon
the State Treasurer for any unexpended balance remaining in the
State road and bridge fund.
29. LEGAL EFFECT OF CONTRACT.] Any contract entered into by
and between the State Highway Commission and any contractor for
the construction of a State aid road according to the provisions of this
Act shall be taken and held to confer upon the contractor the right
to enforce in any appropriate legal action against the countv wherein
the improvement is located the payment of the portion of the cost
thereof which the county is required to pay under the provisions of
this Act.
29a. For the purpose of assisting in the construction of the pro-
posed system of State aid roads in any county, the board of supervisors
or the county commissioners of such countv are hereby authorized to
accept donations from townships, cities, villages, corporations or indi-
viduals. Any such county may elect to pay a greater proportion than
one-half of the cost of the improvement of any section of State aid
road by passing a resolution designating the amount which the county
will pay in excess of one-half of the said cost, and filing a copy of said
resolution with the State Highway Commission at the time of filing
the preliminary resolution for the improvement of said section.
The said section of State aid road shall be constructed in the man-
ner heretofore provided in this Act, and all payments upon estimates
shall be made in the respective proportion provided to be paid by the
State and the county as shown by said resolution ; and the road, when
completed and accepted by the State, shall be taken over as a State aid
road. [Added by an Act approved June 23, 1915.
30. ROADS CONSTRUCTED DIRECTLY BY THE STATE.] In case the
State Highwav Commission upon a second advertisement for bids or
proposals for the construction or improvement of a State aid road shall
not be able to let the contract for a sum, which, together with the value
of materials, apparatus, implements and machinery to be furnished by
the State determined as aforesaid, shall not exceed the estimate of the
cost thereof previously made by the State Highway Engineer, the State
Highway Commission may then proceed directly to construct such
State aid road. In such case the county within which such proposed
improvement shall be located, shall not be required to contribute thereto
more than one-half the estimated cost thereof as aforesaid.
18
31. COUNTY LINE ROADS.] State aid roads may be constructed
or improved on county lines. In case two counties desire to secure
the construction or improvement of a public highway situated upon or
near the boundary line between them, the respective county boards
thereof may, by appropriate resolutions, initiate proceedings therefor.
To this end such county boards may, by concurring resolutions, fix the
portion of the one-half the total cost of construction which .should be
borne by each county. Such resolutions when duly transmitted to the
State Highway Commission shall be considered in such cases as the
preliminary application therefor, as hereinbefore provided. If ap-
proved by the State Highway Commission, each county board may
appropriate the portion of the cost to be borne by such county, or
authorize the submission of the question of issuing bonds as hereinbe-
fore provided.
In all proceedings contemplating the construction or improvement
of a county line road as provided in this section, all acts of each
county board relative thereto, together with the result of any vote
upon the question of levying a tax or issuing bonds as provided herein,
shall be communicated by the county clerk of each county to the
county clerk of the other county, as well as o the State Highway
Commission.
In case either county shall refuse to take the steps necessary to
secure the construction or improvement of such county line road, as
provided in this section, then all prior proceedings relative thereto on
the part. of the other county shall be regarded as suspended.
32. REPAIR AND MAINTENANCE OF STATE AID ROADS.] Whenever
any State aid road shall be constructed or improved in any county
under the provisions of this Act, the State Highway Commission,
either directly or through the State Highway Engineer, the Assistant
State Highway Engineer or the county superintendent of highways,
shall thereafter keep all such roads in proper repair, anchthe total cost
of such maintenance sjiall be paid out of the State road and bridge
funds upon the warran! of the Auditor, whenever such payment shall
be ordered by the 1 State Highway Commission. For the purpose of
keeping such roads in proper repair, the State Highway Commission
shall have authority to purchase all necessary tools, machinery, sup-
plies and materials, and may employ, or authorize the State Highway
Engineer to employ, all labor necessary therefor.
(A) For the purpose of improving, repairing and maintaining
the proposed system of State aid roads in the respective counties
under the provisions of this Act, and for the purpose of assisting the
townships and road districts in improving, repairing and maintaining
township and district roads, the board of supervisors or county com-
missioners in the respective counties are hereby authorized to pur-
chase machinery and appropriate the necessary funds for carrying
on such work and such boards of supervisors or county commissioners
are further authorized .to lease said machinery to the townships or
road districts within the respective counties for the work of
improving, repairing, and maintaining the roads in their respective
19
townships and road districts. [Amended by an Act approved June
29, 1915.
33. PUBLIC UTILITIES.] No steam or electric railroad company,
telephone or telegraph company, or company laying or using pipe
lines, shall have the right to locate or construct its road or place its
poles or wires, or lay its pipe lines upon or along any State aid road,
without the consent of the county board of the county wherein it is
proposed to place or locate the same. Such consent may be granted
for any period not longer than twenty years upon petition of the
company, upon such terms and conditions, not inconsistent with this
Act, as such county board shall deem for the best interests of the
public: Provided, that before any such consent of the county board
shall become effective the said county board shall receive the approval
of the State Highway Commission to the use of the said State aid road
for such purpose and the conditions upon which the same shall have
been granted: And, provided, further, that no such consent shall be
granted except upon the condition that the company will pay all dam-
ages to the owners of the property abutting upon said State aid road
which they may sustain by reason of the location or construction of the
said steam or electric railroad or the placing of the said telephone or
telegraph poles or wires, or the laying of the said pipe lines, the same
to be ascertained and paid in the manner provided by law for the
exercise of the right of eminent domain.
ARTICLE V.
BRIDGES AND IMPROVEMENTS CONSTRUCTED AND REPAIRED BY A COUNTY
OR AT THE JOINT EXPENSE OF A COUNTY AND ANY
TOWN OR ROAD DISTRICT THEREIN.
34. In case the county board shall deem it expedient to build
a bridge in any town, road district, or city or village of less than
fifteen thousand (15,000) population therein, the said county board
may order the same built at the entire expense of such .county. Such
bridge shall in such case be constructed according to plans and speci-
fications prepared by the county superintendent of highways, subject
to the approval of the State Highway Engineer. [Amended by Act
approved June 24, 1915.
35. When it is necessary to construct or repair any bridges over
a stream, or any approach or approaches thereto, by means of an em-
bankment or trestle work on a public road, in any town, district or city
or village of less than fifteen (15,000) thousand population or on or
near to or across a town, district or such city or village line, in which
work the town, district or such city or village is wholly or in part
responsible, and the cost of which will be more than twelve cents on
the one hundred dollars on the latest assessment roll, and the levy of
the road and bridge tax for two (2) years last past in said town or
district was in each year for the full amount allowed by law to be
raised therein for all roads and bridge purposes except for damages
incurred in laying out, altering, widening or vacating roads, or for
ditching to drain roads, the major part of which levy is needed for
20
the ordinary repair of the; roads and bridges, or in such cities and
villages where the levy for corporate purposes was for two years last
past in said city or village for the full amount allowed by law to be
raised therein for such corporate purposes, the commissioner of high-
ways, the city council or the village board of trustees may petition the
county board for aid, and if the foregoing facts shall appear, the
county board shall appropriate from the county treasury a sufficient
sum to meet one-half (-J) of the expenses of said bridge or other work,
on condition the town or district, city or village asking aid shall furnish
the other half of the required amount.
When it is determined by the county board to grant the prayer of
the highway commissioners, city council or village board of trustees
asking aid for the construction of such bridge or other expensive work,
the county board shall thereupon enter an order directing the county
superintendent of highways to prepare plans and specifications for
such improvement. The contract for such improvement shall there-,
upon be let in the manner authorized by said county board, subject to
the provisions of the law relating to the letting of contracts : Provided,
however, that no county, town, road district, ' city' or village shall be
liable for any part of such expense or compelled to pay any part of its
appropriation for such purpose until all of the work has been fully
completed and accepted by the county superintendent of highways, and
such acceptance properly certified to by said officer and presented to
the county board at a meeting held after the completion of said work,
which certificate shall contain an itemized account of the expenditures ;
and a copy thereof shall also be filed with the town, district, city or
village clerk, as the case may be. [Amended by Act approved June
11, 1917.
36. BRIDGES BUILT BY TWO COUNTIES.] Bridges over streams
which divide counties, and bridges on roads on county Imes, and bridges
within eighty rods o county lines, shall be built and repaired at the
expense of such counties. And all such bridges over streams which
form the boundary line between two counties, and all such bridges
within eighty rods of such boundary line, .when the cost of constructing
the same shall be $5,000 or over, shall be built by such counties
respectively in the proportion 'that the taxable property in each county
respectively bears to each other according to its assessed value as
equalized at the time of constructing such bridge. And when any
county desires to build any such bridge across any stream which is the
boundary line between such county and another county, or desires to
build any such bridge within eighty rods of such boundary line, and
the cost of such bridge will equal or exceed $5,000, and the county
desiring to construct such bridge has appropriated its share of the cost
of constructing the same, then it shall be the duty of such other county
to make an appropriation for its proportion of the cost of said bridge
on the basis of the assessed value of the property, real and personal,
of each of said counties according to the last preceding assessment
thereof as equalized, and if such other county fails or refuses to make
an appropriation for its proper proportion of the cost of constructing
21
such bridge, any court of competent jurisdiction shall issue an order
to compel such county to make such appropriation upon a proper
petition for that purpose, and the cost and expense of maintaining and
keeping the same in repair after the same is built and constructed shall
be borne in the proportion of the assessed value of the property in each
of said counties according to the latest equalized assessment thereof:
Provided, that for the building and maintaining of bridges over streams
near county lines in which both are interested and where the cost
thereof is less than $5,000, the expense of building and maintaining
any such bridge shall be borne by both counties in such portion as shall
be just and equitable between the counties, taking into consideration
the taxable property in each, the location of the bridge, and the advan-
tage of each, to be determined by the commissioner in making contracts
for the same, as provided for in section 37 of this Act.
37. CONTRACTS BY COMMISSIONERS OF ADJOINING COUNTIES.]
For the purpose of building or keeping in repair such bridge or bridges,
it shall be lawful for the county boards of such adjoining counties, to-
enter into joint contracts, and such contracts may be enforced in law
or equity against such county boards, and such county boards may be
proceeded against jointly, by any parties interested in such bridge or
bridges, for any neglect of duty in reference to such bridge or bridges,
for any damage growing out of such neglect.
38. APPROACHES TO BRIDGES ON OR NEAR COUNTY LINES.] Ap-
proaches to all bridges built and constructed under and by virtue of
the three preceding sections, shall be built, constructed and maintained
by the respective counties within which such approach or approaches
may be located, and all approaches to any and all such bridges as have
heretofore been built and constructed.
39. SUIT ON JOINT CONTRACT.] If the county board of any such
county, after reasonable notice in writing from such other county
board shall neglect or refuse to build or repair any such bridge when
any contract or agreement has been made in regard to the same, it
shall be lawful for the county board so giving notice to build or repair
the same, to recover, by suit, one-half (or such amount as shall have
been agreed upon) of the expense of so building or repairing such
bridge, with costs of suit and interes.t from the time of the completion
thereof, from the county board so neglecting or refusing.
ARTICLE VI.
TOWN AND DISTRICT ORGANIZATION AND ADMINISTRATION FOR HIGH-
WAY PURPOSES.
SUBDIVISION I.
Organisation: Division Into Towns and Districts.
40. TOWN AND DISTRICT ORGANIZATION SIMILAR.] For all pUr-
poses relating to the construction, repair, maintenance and supervision
of roads and bridges, the several towns in counties under township
organization, and road districts in counties not under township organi-
zation, shall, as near as may be, and subject to the provisions of this
Act, be regarded as analogous in corporate authority, and the powers
and duties of the highway officers thereof shall be similar in extent
and effect.
41. COUNTIES NOT UNDER TOWNSHIP ORGANIZATION DIVISION
INTO DISTRICTS.] Counties not under township organization shall be
divided into road districts by the county boards thereof, in the
manner hereinafter set forth. All road districts, where it is practicable,
shall be composed of territory not less than a congressional township.
Fractional or whole townships may be added to other fractional or
whole townships. The districts so formed shall be designated by some
number.
(1) COUNTIES ALREADY DIVIDED INTO DISTRICTS.] In counties not
under township organization, wherein road districts are already now
laid out and established under the provisions of an Act approved May
4, 1887, in force July 1, 1887, entitled, "An Act to provide for the
organization of road districts, the election and duties of officers therein,
and in regard to roads and bridges, in counties not under township
organization, and to repeal an Act and parts of Acts therein named,"
the road districts already laid out therein by the county boards thereof
shall be continued in existence, unless the same shall be altered in the
manner hereinafter set forth : Provided, however, that all incorporated
cities, towns and villages which have heretofore been excluded from
road districts in such counties shall hereafter be included therein, and
in all cases where necessary therefor, the county boards of such coun-
ties shall make provision to create such city, town or village into a
road district, or to make it a part of some road district already formed.
(2) COUNTIES NOT ALREADY so DIVIDED.] In all counties not under
township organization, and operating under the provisions of an Act
approved May 10, 1901, entitled, "An Act in regard to roads and
bridges, and to provide for the adoption of the same," and wherein
road districts are not already laid out and established, it shall be the
duty of the county boards thereof, at their first session after this Act
shall be in force and effect, to divide such counties intd road districts,
as provided herein.
(3) CORPORATE NAME OF DISTRICT.] The corporate name of each
district shall be "Road District No. . . . . . ," and all actions by or against
such districts shall be in its corporate name.
(4) CORPORATE CAPACITY OF DISTRICT.] Every district so organ-
ized shall have .corporate 'capacity to exercise the powers granted
thereto, or necessarily implied and no others. It shall have power:
(1) To sue and be sued. (2) To acquire by purchase, gift or devise,
and to hold property, both real and personal, for the use of its inhabi-
tants, and again to sell and convey the same. (3) To make all such
contracts as may be necessary in the exercise of the powers of the
district.
(5) ALTERATION OF BOUNDARIES OF ROAD DISTRICTS.] The board
of county commissioners of each county shall have full and complete
power and jurisdiction to alter the boundaries of road districts and to
chaage road district lines in their respective counties to suit the con-
venience to the inhabitants residing therein, but no such change shall
be made under the provisions of this Act unless at least twenty of the
legal voters of such road district shall petition for such alteration or
change ; nor shall such alteration or change be made by such board of
county commissioners without notice thereof having been given by
posting up notices in not less than five of the most public places in each
of the several towns or road districts interested in such proposed alter-
ations or changes.
SUBDIVISION II.
Highway Officers: Their Election, Powers, Duties and Compensation.
42. TOWN AND DISTRICT ROAD OFFICERS (A) COMMISSIONERS.]
In each township in counties under township organization, and in
each road district in counties not under township organization, there
shall be elected a highway commissioner who shall serve for a term of
two (2) years and until his successor is duly elected and qualified,
and who shall be elected in the manner hereinafter provided.
(B) CLERK.] In counties under township organization the town
clerk shall act as the clerk for the highway commissioner in such
town. In counties not under township organization there shall be
elected in each road district, a district clerk who shall hold office for
a term of two (2) years and until his successor is elected and qualified.
(C) TREASURER.] In counties under township organization the
supervisor of each town shall be ex-officio treasurer of the road and
bridge fund. In counties not under township organization the district
clerk shall be ex-officio treasurer of such fund.
(D) WHO ELIGIBLE.] No person shall be eligible to the office of
highway commissioner unless he shall be a legal voter and has been
one year a resident of such town or district. In counties not under
township organization the same limitation shall apply to the district
clerk. [Amended by Act filed June 29, 1917.
43. ELECTIONS PROVISIONS GENERALLY APPLICABLE.] In all
counties under township organization the highway commissioner shall
be elected at the annual town meeting following the passage of this
Act, for a term of two (2) years. In all counties not under township
organization, the highway commissioner and the district clerk shall
be elected at an election to be held on the first Tuesday in April after
the passage of this Act, to hold their offices for two (2) years. And
every two years thereafter the highway commissioner of such town-
ship or district, and the district clerk of such district shall be elected
to hold office for two years, and until his successor is elected and
qualified. The official term of any highway commissioner elected
under the provisions of sub-division 2 of Article VI of this Act, pro-
viding for the election of three township highway commissioners or
holding office at the time of the adoption of this Act shall expire upon
the qualification of the Highway Commissioner or elected at said next
ensuing 4 town meeting or road district election : Provided, that the
commissioners elected under Article IX of this Act, as single highway
commissioners shall hold their respective offices to the end of the
term for which they were elected and until their successors are elected
and qualified. [Amended by Act filed June 27, 1917].
44. SAME COUNTIES OPERATING UNDER SPECIAL ACT PROVI-
SIONS APPLICABLE TO FIRST ELECTION.] In counties not under township
24
organization which are operating under the optional act entitled, "An
Act in regard to roads and bridges in counties not under township
organization and to provide for the adoption of the same," approved
May 10, 1901, and which counties therefore are not already divided
into road districts as aforesaid, the county board of each said counties
shall at least twenty (20) days before the first Tuesday in April next
after this Act shall become effective, designate some central and con-
venient place in each district for the holding of the first district elec-
tion, and shall also appoint three suitable electors of the district as
judges of the election.
The county clerk shall thereupon make out notices stating the time
(which shall be the first Tuesday in April thereafter) and place of
holding the first district election and the names of the judges of the
election so appointed, and deliver said notices to the sheriff of the
county who shall cause the same to be posted in not less than three (3)
of the most public places of the district, and not less than fifteen (15)
days before the time of holding such election.
At such first election there shall be elected one commissioner of
highways to hold his office for two (2) years, and until his successor
is elected and qualified. At such first election there shall also be
elected a road district clerk who shall hold his office for two (2) years
and until his successor is elected and qualified. After the canvass of
the votes the judges shall make returns as provided in the general elec-
tion laws of this State, to the county clerk, who shall make a canvass
of the votes and immediately notify the persons elected of their elec-
tion. The expenses of such first election shall be paid by the county.
[Amended by act filed June 29, 1917.
45. ELECTIONS COUNTIES NOT UNDER TOWNSHIP ORGANIZATION
PROVISIONS RELATING TO THE CONDUCT THEREOF.] In all COUntieS
not under township organization the - following provisions regarding
elections shall be applicable.
The annual election of district officers shall be held on the first
Tuesday in April of eacIT year at the place designated by the commis-
sioner of highways.
The commisisoner of highways and two other persons to be named
by the county board shall be judges and the clerk of, the district shall
be ex-officio clerk of all district elections, but before entering upon the
discharge of their duties they shall take the oath of office prescribed
by the general election laws of the State. In the absence of any of
the above named officers, the vacancy shall be filled by appointment
by the commissioner, if present, and if the commissioner be not pres-
ent, the electors present shall appoint such judge or judges.
Notice of the time and place of holding any annual or special
election shall be given by the district clerk, or in his absence by the
commissioner, by posting written or printed notices, in at least three
(3) of the most public places in the district, at least fifteen (15) days
prior to such election. The district election shall be conducted in the
same manner and subject to the same laws and regulations as pre-
scribed for general elections; provided that no registration of voters
shall be required.
25
All persons possessing the qualifications of voters who reside
within the boundaries prescribed for such district, shall be entitled
to vote at such election.
The judges shall immediately, upon closing the polls, make a can-
vass of the votes polled in the manner provided by the general election
laws of the State, and make a written statement or certificate of the
number of votes cast at such election for each person or proposition
voted for, and the office for which such person received such vote,
and shall within forty-eight hours thereafter, cause such certificate and
poll list together with the ballots cast at such election, to be separately
sealed up and transmitted to the district clerk to be filed and preserved
by him.
The commissioner of highways, together with some justice of the
peace to be designated by him, and the district clerk, shall, within five
(5) days after any election is held, meet and canvass said returns and
declare the result of said election, the canvass being completed a state-
ment of the results shall be entered at large by the clerk of the election
in the minutes of the proceedings to be kept by him as required by
this Act, which shall be publicly read by him to the electors present,
and such reading shall be deemed notice of the result of the election
to every person whose name shall be entered on the poll list as a voter.
In case two or more persons shall have an equal number of votes
for the same office, the question of which shall be entitled to the office
shall be decided by lot, under direction of the district clerk, but he
shall give each party at least five (5) days' notice of the time and place
of drawing lots.
The clerk, within ten (10) days after the canvass of the votes as
hereinbefore provided in this section, shall transmit to each person
elected to any district office, a notice of his election. He shall also file
in the office of the county clerk a list of the names of all district offi-
cers elected at such election who have qualified, within twenty (20)
days after such election shall be held. [Amended by act filed June
29, 1917.
46. OATH REQUIRED.] Every person elected or appointed to the
office of commissioner of highways, and every district clerk in coun-
ties not under township organization, before he enters upon the
duties of his office, and within ten days after he shall be notified of
his election or appointment, shall take and subscribe, before some
justice of the peace or district or town clerk, the oath or affirmation
of office prescribed by the Constitution, which oath shall, within five
days thereafter, be filed with the district or town clerk.
In counties under township organization, no additional oath shall
be required of the town clerk, to enable him to enter upon the dis-
charge of the duties of his office as ex-officio clerk of the board of
highway commissioners.
NEGLECT TO TAKE OATH REFUSAL TO SERVE.] If any person elected
or appointed to either of the offices above enumerated, shall neglect
to take and subscribe such oath, and cause the same to be filed as above
required, such neglect shall be deemed a refusal to serve.
47. WHEN TERM OF COMMISSIONER OR CLERK EXPIRES, SUCCESSOR
TO DEMAND BOOKS, PAPERS, ETC.] When the term of any commissioner
26
of highways or clerk shall expire, and other persons shall be appointed
to such office, it shall be the duty of such successor, immediately after
he shall have entered upon the duties of his office, to demand of his
predecessor all ttie books, papers, moneys and other property under his
control, belonging to such office.
WHEN OFFICE BECOMES VACANT BY RESIGNATION OR OTHERWISE
DEMAND, ETC.] Whenever either of the officers above named shall
resign, or the office become vacant in any way, and another person
shall be elected or appointed in his stead, the person so elected or
appointed shall make such demand of his predecessor, or of any
person having charge of such books, papers, moneys or other property.
DELIVERING UPON OATH ALL RECORDS, BOOKS, ETC. OATH, BY
WHOM ADMINISTERED.] It shall be the duty of every person so going
out of office, whenever thereto required pursuant to the foregoing
provisions, to deliver up on oath, all the records, books, papers, moneys
and other property in his possession or in his control belonging to the
office held by him ; which oath may be administered by the officer to ,
whom such delivery shall be made.
48. VACANCIES IN OFFICE COUNTIES UNDER TOWNSHIP ORGANI-
ZATION.] In counties under township organization the provisions of
law applicable to resignations from town offices, and the filling of
vacancies therein, shall apply to highway officers in the same manner
as to other town officers.
49. SAME COUNTIES NOT UNDER TOWNSHIP ORGANIZATION.] In
countie not under township organization the following provisions
shall be applicable relating to vacancies in road district offices :
VACANCY IN OFFICE HOW FILLED POWERS OF PERSONS AP-
POINTED.] Whenever any district shall fail to elect the proper number
of district officers to which such district may be entitled by law, or
when any person elected to any district office shall fail to qualify, or
whenever any vacancy shall happen in any district, from death, resigna-
tion, removal from the district or othercause, it shall be the duty of the
county board to fill such, vacancy by certificate under the hand and
seal of the county clerk; and the persons so appointed shall hold
their respective offices until the next annual election, and until their
successors are elected and qualified; and shall have the same powers
and be subject to the same duties and penalties as if they had been
duly elected by the electors.
CERTIFICATE OF APPOINTMENT.] When any appointment shall be
made, as aforesaid, the county clerk shall cause the certificate of
appointment to be forthwith filed in the office of the distirct clerk,
who shall immediately give notice to each person appointed.
JUSTICE OF PEACE MAY ACCEPT RESIGNATION OF OFFICER NOTICE.]
Any justice of the peace residing in such district, or if there be no
justice residing in such district, then any justice in the county, may,
for sufficient cause shown to him, accept the resignation of any district
officer of his district, and whenever he shall accept any such resigna-
tion, he shall forthwith give notice thereof to the district clerk of the
district, or in his absence, to the president of the board of commis-
sioners of highways, who shall make a minute thereof upon the district
31V
I
records. He shall also immediately give notice to the county clerk of
any vacancy that may exist in any district office.
50. MEETINGS, POWERS AND DUTIES OF HIGHWAY COMMISSIONERS
(A) MEETINGS.] The commissioner of highways in each town or
road district shall on the second Tuesday next after the annual town
meeting or road district election in each year, at the office of the town
or district clerk, be present for the discharge of the duties of his office.
He shall also be present at such office annually on the first Tuesday in
September of each year for the purpose of determining the tax rate
to be certified by him to the county board as herein provided. He shall
also be present at such office at such time or times as he shall designate
and as the duties of his office may require for the transaction of offi-
cial business.
(B) The highway commissioner of each town or road district
shall have power and it shall be his duty :
(1) To lay out, alter, widen or vacate roads as hereinafter
provided.
(2) 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 (20) years but not recorded, to be ascer-
tained, described and entered of record in the office of the district or
town clerk.
(3) To determine the taxes necessary to be levied on property
within the town or district for road and bridge purposes, subject to the
limitations hereinafter provided.
(4) To direct the expenditure of all moneys collected in the town
or road district for road and bridge purposes and to draw warrants
on the town or district treasurer therefor.
(5) To direct the construction and repair of roads and bridges
within the town or district, to let contracts, employ labor and purchase
material and machinery therefor, subject to the limitations herein pro-
vided : Provided, however, that no contract shall be let for the con-
struction or repair or any road or bridge or part thereof, in excess of
an amount of $200, nor shall any machinery or other appliances to be
used in road construction, in excess of such amount, be purchased
without the approval of the county superintendent of highways.
(6) To have general charge of the roads and bridges of his
town or district, to keep the same in repair and to improve them so
far as practicable.
(7) To take possession of and keep under shelter, when not in
use, all scrapers, plows and other tools belonging to the town or dis-
trict wherever the same may be found and not allow the same to go to
waste, and not lend the same except to persons employed to work the
roads by contract or otherwise.
(8) To cause to be erected and kept in repair at the forks or
crossing place of the most important public roads, post and guide
boards 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, cockleburs, mustard, yellow
dock, Indian mallow and gympson [jimson] weed from seeding and to
28
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 same, and at the farthest prior to
September 1st in each and every year.
And said commissioner may, at his discretion, adopt any suitable
and convenient mode of supplying water in troughs conveniently sit-
uated on' the public highway for public use.
(9) To issue his warrant or order on the treasurer for the pay-
ment of all moneys paid out by such treasurer.
(C) The highway commissioner shall annually make report in
writing, showing:
(1) The amount of poll tax assessed, how much paid and how
much delinquent.
(2) The amount of road and bridge money received by him and
a full and detailed statement as to how and where expended and the
balance, if any, unexpended.
(3) The amount paid for damages in laying out, altering, widen--
ing or vacating roads and right-of-way for ditches.
(4) The amount of liabilities incurred and not paid; and if such
liabilities are undetermined they shall be estimated.
(5) Any additional matter concerning the roads and bridges of
the district he may think expedient and proper to report.
In counties under township organization such reports shall be
made to the board of town auditors at the semi-annual meeting imme-
diately ^ preceding the annual town meeting. In counties not under
township organization such reports shall be made not later than the
last Tuesday in March to the district clerk, who shall file the same
in his office and he shall record such report at large in the records of
said road district. [Amended by act filed June 29, 1917.
51. DUTIES OF CLERK.] The town or district clerk shall have
the custody of all records, books and papers of the. town or road
district, and he shall duly file all certificates or oaths and other papers
required by law to be filedJn his office. He is authorized to administer
oaths and take affidavits in all cases required by law to be administered
by town or district officers. The duties of the. clerk shall further
include :
(1) RECORDING ORDERS- OF COMMISSIONERS.] He shall record in
the book of records of his district, all orders and directions of the
highway commissioners required by law to be kept, and as herein-
after provided for. All records and books required by law to be kept
by such clerk shall be deemed public records and shall at all times be
open to inspection without fee or reward. The clerk shall also meet
with the highway commissioners whenever requested at any reasonable
time to do so by the latter official.
(2) BOOKS AND STATIONERY FOR OFFICE.] The district clerk shall,
from time to time as may be necessary, procure the proper books and
stationery for his office and the cost thereof shall be paid out of the
town or district treasury.
(3) COPY OF PAPERS AND TRANSCRIPTS FROM RECORDS EVIDENCE.]
Copies of all papers duly filed in the office of the town or district clerk
and transcripts from the town or district records certified to by him
shall be evidence in all courts in like effect as if the originals were pro-
duced.
52. TREASURER.] The treasurer of the road and bridge fund
shall receive and have charge of all moneys raised in the town or dis-
trict for the support and maintenance of roads and bridges therein,
and for road damages, excepting such portions of the money as here-
inafter directed to be paid to the authorities of incorporated villages,
towns and cities. He shall hold such moneys at all times subject to
the commissioners of highways, and shall pay them over upon the order
of not less than two of them, and not otherwise. 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.
(1) BOND.] The supervisor or clerk, as the case may be, before
becoming entitled to act as treasurer, and within ten days after his
election, shall execute a bond in double the amount of moneys likely
to come into his hands by virtue of this Act, conditioned that he will
faithfully discharge his duties as such treasurer, that he will honestly
and faithfully account for and pay over, upon the proper orders, all
moneys coming into his hands as treasurer, and the balance, if any, to
his successor in office. Such bond shall be payable to the town or dis-
trict, and shall be in such sum as the commissioners of highways shall
determine. Said bond shall be approved by the commissioners of
highways, and shall be filed in the office of the county clerk with such
approval endorsed thereon : Provided, that if from any cause the com-
hiissioners of highways shall deem the bond so given insufficient, they
may require a new bond : And, provided, further, that the commis-
sioners shall have the right to fix any other sum to be required in any
new bond so given. The commissioners of highways shall have power
to bring suit upon such bond for any loss or damage accruing to the
town or district by reason of any non-performance of duty, or defalca-
tion on the part of the said treasurer.
(2) ITEMIZED STATEMENT OF RECEIPTS AND DISBURSEMENTS.] The
treasurer shall also present annually on the first Tuesday in April to
the highway commissioners an itemized statement of receipts and dis-
bursements which shall be sworn to.
53. COMPENSATION OF OFFICERS COMMISSIONERS.] The com-
missioners of highways shall receive for each and every day he is
necessarily employed in the discharge of his duties a salary to be fixed
by the county board in counties not under township organization, and
by the board of town auditors in counties under township organization,
not to exceed in counties of the first class three dollars ($3.00) per
day, in counties of the second class four dollars ($4.00) per day, and
in counties of the third class five dollars ($5.00) per day, upon a
sworn statement to be filed by such commissioner in the office of the
town or district clerk, showing the number of days he was employed
and the kind of employment and giving the dates thereof.
The town or district clerk shall receive three dollars per day for
each day he shall be required to meet with the highway commissioner
80
and the same amount per day for the time he shall be employed as
clerk of elections or in canvassing the returns of such election. He
shall receive no other per diem. In addition to the above he shall
also receive fees for the following services, to be paid out of the town
or district fund, except where otherwise specified:
For serving notice of election or appointment upon district officers,
as required by this Act, twenty-five cents each.
For posting up notices required by law, twenty-five cents each.
For copying any record in his office and certifying to the same,
ten cents for every hundred words, to be paid by the person applying
for the same.
The ex-offido treasurer shall in addition to the other compensation
to which he is by law entitled, receives two (2) per cent on all
moneys paid out by him, up to and including two thousand dollars
($2,000) and one (1) per cent on all moneys paid out by him in
excess of two thousand dollars ($2,000), excepting such amounts as
shall have been paid to his successor; also except all moneys paid out
in payment of bonds or other borrowed money.
The justice of the peace whose services are required by this Act
shall receive two dollars per day for his services. [Amended by act
filed June 29, 1917.
54. OFFENSES AND PENALTIES.] If any highway commissioner
shall wilfully refuse to perform any of the duties enjoined upon him
by this Act, he shall forfeit not less than ten dollars nor more than
fifty dollars, and may be proceeded against in the name of the town or
district for the recovery of such forfeiture before any court of the
proper county having jurisdiction.
SUBDIVISION III.
The Raising of Revenue for Highway Purposes and the Application
Thereof. . t
55. POLL TAX.] At their annual meeting to be held on the second
Tuesday after the annual town meeting or district election in each
year, each boa,rd of highway commissioners shall make out a list of
able-bodied men in their town or district between the ages of twenty-
one (21) and fifty (50) years and deliver the same to the town or
district 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 (1) nor more than three (3) dollars, as a poll tax
for highway purposes, to be paid in cash to such treasurer by the first
Monday of 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. The commissioners shall also, within ten
(10) days after such list is delivered to the treasurer of the road and
bridge fund, cause written or printed notices to be posted, stating the
time when and place where such tax must be paid, in ten of the most
public places in the township ; or road district as the case may be 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 of highways, in the name
of the district or town, to bring suit therefor against such persons
31
before some justice of the peace having jurisdiction thereof. Sum-
mons 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 endorse the same on the execution, if one is issued. No
property belonging to the defendant shall be exempt from levy to
satisfy such execution : Provided, also, that on petition of not less
than twenty-five (25) legal voters of any town or district, asking to
have the proposition to abolish the poll tax submitted to the legal
voters of said town, or district, filed with the town or district clerk
not less than fifteen (15) days before the annual town meeting or
annual district election, then the town or district clerk shall state in
the notice of the annual town meeting or district election that the legal
voters of such town or district may vote by ballot for or against the
payment of all poll tax, and if a majority of all the ballots cast are
against the payment of a poll tax, then that part of this section which
provides for the levying of a poll tax shall no longer be in force in
such town or district. [Amended by Act approved June 25, 1917.
56. GENERAL TAX LEVY FOR ROAD AND BRIDGE PURPOSES.] At a
regular meeting to be held on the first Tuesday in September the board
of highway commissioners in each town or road district shall annually
determine and certify to the board of supervisors or board of county
commissioners the amount necessary to be raised by taxation for the
proper construction, maintenance and repair of roads and bridges in
such town or road district. Such certificate shall be filed in the office
of the county clerk, and by that official presented to the county board at
their regular September meeting for their consideration. The amount
so certified if approved by the county board, or such part thereof as the
said board shall approve 'shall be extended by the county clerk as taxes
against the taxable property of such town or district : Provided, how-
ever, that the county clerk shall not extend against the taxable property
of any town or road district a rate in excess of sixty-one (61) cents
on each one hundred dollars valuation of the taxable property of the
town or district, and if the amount of taxes approved by the county
board shall be in excess of such rate it shall be the duty of the clerk to
reduce the same to said rate of sixty-one cents upon each one hundred
dollars of. the assessed valuation of said town or district.
57. COPY OF CERTIFICATE TO BE PRESERVED.] The commissioners
of highways of each town or district in addition to certifying to the
county board the amount necessary to be raised by said town or dis-
trict for road and bridge purposes therein, shall also within the dates
aforesaid make out and deliver to the town or district clerk a copy of
such certificate to be kept on file by such clerk for the inspection of the
inhabitants of such town or district : Provided, however, that a failure
to file such copy shall not affect the validity of the certificate filed with
the county clerk, or of the tax levied pursuant thereto: Provided,
further, that the town or district clerk shall not certify levies of road
and bridge taxes to the county clerk.
58. DAMAGES FOR LAYING OUT ROADS, ETC. TAX LEVY FOR.]
When damages have been agreed upon, allowed or awarded for laying
32
out, widening, altering, or vacating roads or for ditching to drain
roads, the amounts of such damages, not to exceed for any one year
twenty cents on each one hundred dollars of the taxable property of
the town or district shall be included in the first succeeding tax levy,
provided for in section 56 of this Act, and be in addition to the levy for
road and bridge purposes ; and when collected, shall constitute and be
held by the treasurer of the road and bridge fund as a separate fund
to be paid out to the parties entitled to receive the same. It shall be
the duty of the commissioners of highways at the time of certifying
the general tax levy for road and bridge purposes within their town
or district to include and separately specify in such certificate the
amount necessary to be raised by taxation for the purpose of paying
such damages. Upon the approval by the county board of the amount
so certified, as provided in the preceding section, the county clerk shall
extend the s&me against the taxable property of said town or district,
provided the amount thus approved shall not be in excess of twenty
cents on each one hundred dollars of the taxable property therein.
59. TAX RATE EXTENSION AND COLLECTION OF TAXES.] All
items of tax levy of any town or district authorized by sections 56
and 58 of this Act shall be extended by the county clerk as one tax
upon the collector's book and when collected shall be paid to the
treasurer of the commissioners of highways by the collector as fast
as the same is collected, except such rate per cent as shall be allowed
for collecting the same: Provided, that one-half the tax required
to be^ levied in section 56 and collected for road and bridge purposes,
on the property lying within an incorporated village, town or city in
which the streets and alleys are under the care of the corporation
shall be paid over to the treasurer of such village, town or city, to be
appropriated to the improvement of roads, streets and bridges, either
within or without said village, town or city, and within the township
under the direction of the corporate authorities of such village, town
or city: Provided, also, that one-half the poll tax required to be
assessed in section 55 a?rd collected for road and bridge purposes shall
be subject to the same provisions as are herein made applicable to the
tax required to be levied in section 56 : And, -provided, further, that
when any of said tax or poll tax is expended beyond the limits of said
village, town or city, it shall be with the consent of the highway com-
missioners of the township or road district. [Amended by an Act filed
July 8, 1915.
60. ROAD DAMAGES ORDERS OUT OF TAX TO BE LEVIED.] When-
ever damages have been allowed for roads or ditches, the commis-
sioner of highways may draw orders on the treasurer, payable only
out of the tax to be levied for such roads or ditches, when the money
shall be collected or received, to be given to persons damaged.
61. BONDS MAY BE ISSUED BY VOTE OF SPECIAL TOWN OR DISTRICT
MEETING TO BUILD BRIDGE, ETC.] When the highway commissioners
desire to expend on any bridge or bridges, or approaches thereto in
any district a greater sum of money than is available to them by other
means, the said commissioners may call a special town or district
33
election to vote on the proposition. Upon determining to call such
election the highway commissioners shall order the town or district
clerk, by an instrument in writing to be signed by them, to post up in
ten of the most public places in said town or district notices of such
special town or district election, which notice shall state the object,
time and place of the election, the maximum sum to be borrowed and
the manner in which the vote is to be had, which shall invariably be
by ballot, and shall be: "For borrowing money to (here define the
purpose)" or "against borrowing money to (here define the purpose").
Such special town or district election shall be held at the place of the
last annual town or district meeting by said clerk giving at least ten
days notice and the returns thereof shall be made in the same manner
as other special town or district elections are now or may hereafter be
provided by law; 'and if it shall appear that a majority of the legal
voters voting at said election shall be in favor of said proposition, the
said commissioners of highways, or town or district clerk, as the case
may be, shall issue from time to time as the work progresses a sufficient
amount in the aggregate of bonds of said town or district for the
purpose of building said bridge or bridges and approaches, thereto,
said bonds to be of such denominations, bear such rate of interest (not
exceeding six per cent) upon such time, and be disposed of as the
necessities and conveniences of said town or district officers require:
Provided, that said bonds shall not be sold or disposed of for less than
their par value and such town or district shall provide for the payment
of such bonds by appropriate taxation. Each town or district shall
for'the purposes'of the special town or district election mentioned in
this section constitute an election precinct.
A register of all issues of said bonds shall be kept in the office, of
the county clerk of the county in which said township or district is
located, showing the date, amount, rate of interest, maturity, and the
purpose for which said bonds were issued, which information shall be
furnished to the county clerk in writing, by the town or district clerk,
and it shall be the duty of such county clerk to extend annually against
the property in said township or road district, a tax sufficient to pay
the interest of said bonds in each year and to discharge the principal
thereof within the period for which such bonds have been issued.
[Amended by Act approved June 27, 1917.
62. ROAD AND BRIDGE MONEY HOW USED.] All road and bridge
moneys of any town or road district shall be held by the treasurer
of the road and bridge fund subject to the order of the commissioners
of highways : Provided, that not less than three ($3.00) dollars nor
more than five ($5.00) dollars per mile per annum shall be taken and
appropriated from the road and bridge fund of each township, or
district to be known as a road drag fund to pay for the work of drag-
ging earth roads in the township or district as provided in section 107
hereof, and that the enforcement of the law as to what roads in the
township or district shall be dragged and as to how often the same
shall be dragged, shall be lodged in the hands of the commissioners or
commissioner of highways. [Amended by Act approved June 24, 1915.
34
SUBDIVISION IV.
Provisions Specially Applicable to Bridges and Improvements
Constructed or Repaired at the Joint Expense of Two
Adjoining Towns or Districts.
63. BRIDGES BUILT BY TWO TOWNS OR DISTRICTS.] Bridges over
streams which divide towns or districts and bridges over streams on
roads on town or district lines, and bridges within eighty rods of town
or district lines over streams on roads extending from one town or
district into another town or district and crossing town or district
lines, shall be built and repaired at the expense of such towns or dis-
tricts: Provided, that the expense of building and maintaining any
bridge over a stream near town or district lines in which both are
interested and where the cost thereof is less than $5,000, shall be
borne by both towns or districts in such portion as shall be just and
equitable between said towns or districts, taking into consideration
the taxable property in each, the location of the bridge, and the
advantage of each, to be determined by the commissioners in making
contracts for the same, as provided for in section 64 of this Act.
64. CONTRACTS BY COMMISSIONERS OF ADJOINING TOWNS OR DIS-
TRICTS.] For the purpose of building or keeping in repair such bridge
or bridges, it shall be lawful for the commissioners of such adjoin-
ing towns, or districts, whether they be in the same or different coun-
ties to enter into joint contracts, and such contracts may be enforced
in law s or equity against such commissioners jointly, the same as if
entered into by individuals, and such commissioners may be proceeded
against jointly by any parties interested in such bridge or bridges, for
any neglect of duty in reference to such bridge or bridges, or for any
damage growing out of such neglect.
65. APPROACHES TO BRIDGES ON OR NEAR TOWN OR DISTRICT
LINES.] Approaches to all bridges built and constructed under and by
virtue of the two precedmg sections, shall be built, constructed and
maintained by tfie respective towns or districts within which such
approach or approaches may be located, and all approaches to any
and all such bridges as have heretofore been built and constructed
jointly by two or more districts of towns shall be maintained by the
respective districts or towns within which such approach or approaches
are now located.
66. WHEN COMMISSIONERS OF ADJOINING TOWNS OR DISTRICTS
REFUSE TO ENTER INTO JOINT CONTRACT, BRIDGE MAY BE BUILT AND
BONDS ISSUED BY VOTE OF TOWN MEETING OR DISTRICT ELECTION.]
Whenever the commissioners of either of such adjoining towns or
adjoining districts, shall refuse to enter into such joint contracts to
build and maintain such bridge or bridges, the commissioners of the
other town or district may submit such question to the annual district
election or town meeting or call a special district election or town
meeting to vote upon the proposition as to whether such district or
town shall proceed to build and maintain such bridge or bridges at its
own expense. If such proposed bridge shall require a greater sum of
35
money to complete it than is available to the commissioners by other
means, they may also submit the proposition to such annual or special
district election or annual or. special town meeting, to borrow money to
build such bridge. The voting shall be by ballot, and if simply the
question as to the building of the bridge is submitted, if the voter
desires to vote for building the bridge, his ballot shall state "to build
bridge," and if he desires to vote against the proposition, his ballot shall
state "against the proposition to build bridge." If the proposition to
borrow money to build such bridge shall be included in the notice the
maximum amount to be borrowed shall be stated in the same, and the
voter desiring to vote affirmatively shall state on his ballot "to build
bridge and to borrow money to construct the same" ; and if he desires
to vote negatively, his ballot shall state "against the proposition to build
bridge and to borrow money to construct the same." Such special
election shall be called and held in the same manner as is provided in
section 61 of this Act. If the proposition to build such bridge shall
receive a majority of all the votes cast- at such election or meeting the
commissioners shall then have the power to contract for the building of
such bridge and approaches thereto, the same as if the bridge was
entirely located in such district or town, and shall have the power to
acquire by purchase, lease or gift, any private bridge already built,
suited to the purpose, or any land upon which to build the approaches,
or may use for the purpose of such approaches any public highway,
that may lead to the bank of the stream where said bridge is to be
built on either side of said stream, whether such highway may be
within the limits of said town or district or county or not. If the prop-
osition to build such bridge and borrow money to build the same shall
receive a majority of the votes cast at such special or annual election
or meeting, the town or district clerk, under the direction of the com-
missioners, shall issue from time to time, as the work progresses, a
sufficient amount in the aggregate of the bonds of said town or district
for the purpose of building such bridge and the approaches thereto, or
to purchase any private bridge already built, as the case may be, said
bonds to be of such denominations, bear such rate of interest, not
exceeding 8 per cent, upon such time, and be disposed of as the neces-
sities and conveniences of said commissioners may require. Such
bonds shall not be sold for less than their par value, and such town or
district shall provide for the payment of such bonds and interest by
appropriate taxation. x
67. SUIT ON JOINT CONTRACT.] If the commissioners of either
of such towns or districts, after reasonable notice in writing from the
commissioners of any. other such towns or districts, shall neglect or
refuse to build or repair any such bridge when any contract or agree-
ment has been made in regard to the same, it shall be lawful for the
commissioners so giving notice to build or repair the same, to recover,
by suit, one-half (or such amount as shall have been agreed upon) of
the expense of so building or repairing such bridge, with costs of suit
and interest from the time of the completion thereof, from the town
or district so neglecting or refusing.
36
SUBDIVISION V.
The Letting of Contracts.
68. CONTRACTS OF SINGLE TOWN OR DISTRICT.] The commis-
sioners of highways in each town or district is hereby authorized to
contract for the construction and repairing of roads and bridges lying
wholly within the limits of his [their] town or district ; the cost whereof
does not exceed $200.00. When any contract shall be for a sum in
excess of $200.00, the said commissioners shall not let the same without
the approval of the county superintendent of highways. The county
superintendent shall keep a record of all contracts approved by him.
69. CONTRACTS FOR IMPROVEMENTS TO BE CONSTRUCTED BY TWO
TOWNS OR DISTRICTS.] Contracts for constructing and repairing roads
and bridges on towns or district lines, or across streams on town or
district lines, shall be let by the commissioners of the two towns or
districts who shall meet and act together when taking action upon the
letting of such contracts for the construction or repair of such roads
and bridges, or acceptance of the work. When such contracts are for
the expenditure of a sum exceeding $200.00 they shall not let the same
without the approval of the county superintendent as provided in the
preceding section.
70. CONTRACTOR TO FURNISH BOND.] No contract so made either
at public or private letting shall be considered as let unless the con-
tractor shall, within ten days after the letting, enter into contract and
file a bond with two good and sufficient sureties with the commis-
sioners, in the penal sum of double the amount of the contract, payable
to the commissioners of the town or district, upon failure to comply
with the conditions of his or their contract.
71. WHEN CONTRACTS MADE PAYABLE.] All contracts for the
construction or repair of roads, or building or repairing bridges shall
be made payable as soon as the work on said contract is completed and
accepted by the commissioners of highways.
72. IN LETTING CONTRACTS, ETC., COMMISSIONERS MUST NOT
HAVE ANY PECUNIARY INTEREST.] In letting contracts, employing labor,
or in purchasing tools, machinery or materials, neither the highway
commissioners nor the county superintendent of highways shall have,
directly or indirectly, any personal pecuniary interest therewith.
SUBDIVISION VI.
Laying Out, Altering, Vacating, Widening Roads.
73. WIDTH OF ROADS.] All public roads established under the
provision of this Act shall be of the standard width of 40 feet.
74. REDUCING WIDTH OF ROADS.] The commissioners of high-
ways of any town or road district may, in their discretion, reduce the
width of any existing public highway in any town or road district to a
width of forty feet when the same is. petitioned for by a majority of
the land owners along the line of said road within said town or dis-
trict. When possible the land so vacated by reducing the width of
the road shall be taken equally from both sides of the public highway.
In cases of natural obstruction on one side of the public highway or
37
where the said road extends along the right-of-way of any railroad,
river or canal, the commissioners are authorized to reduce the width of
road on one side only, [ ;] provided [,] that any highway that has been
heretofore laid out and dedicated to the public use and which has been
set apart in any county by the proper authorities as a Stajie aid road
shall not be reduced in width without the consent in writing of the De-
partment of Public Works and Buildings. [Amended by Act approved
June 25, 1917.
75. ALTERING, WIDENING, VACATING AND LAYING OUT ROADS
PETITION.] Existing roads may be altered, vacated or widened and
new roads may be laid out in the manner herein provided for. Any
number of land owners, not less than twelve, residing in any town or
road district within two miles of the road to be altered, widened, va-
cated or laid out, or two-thirds of such land owners, may file a petition
with the commissioners of highways of such town or district, praying
for the altering, widening, vacation or laying out of said roads. Said
petition shall set forth a description of the road and what part is to be
altered, widened or vacated, and if .for a new road the names of the
owners of lands, if known, and if not known it shall so state, over
which the road is to pass, the points at or near which it is to commence,
its general course, and the place at or near which it is to terminate.
[Amended by Act approved June 24, 1915.
75a. RAILROAD CROSSINGS.] Whenever the State Public Utilities
Commission, or its successor, shall find and certify to the highway
commissioners of any town or road district, that the reconstruction,
alteration, relocation improvement or abolishment of any crossing of
the track of any railroad company across any highway or public
road, is necessary to preserve or promote the safety of the public or
of the employees or passengers of such railroad, and that for that
purpose it is necessary to relocate, divert or establish any highway or
public road, it shall be the duty of such highway commissioners to
relocate, divert or establish such highway or public road in accordance
with such findings. The proceedings for that purpose shall be in
accordance with the provisions of subdivision VI of this Act, except
that the petition mentioned in section 75 shall not be necessary, but
the findings and certificate of said commission shall stand in lieu of
such petition. [Amended by an Act filed June 29, 1917.
76. HEARING ON PETITION NOTICE PRELIMINARY ORDER.]
Whenever the commissioners shall receive any such petition they shall
fix a time when and a place where they will examine the route of such
road and hear reasons for or against the altering, widening, vacating
or laying out of the same, and they shall give at least ten days' notice
of the time and place of such examination and hearing by posting
notices in three of the most public places in the town or district in the
vicinity of the road to be widened, altered, vacated or laid out. The
commissioners may, by public announcement, and by the posting of
a notice at the time and place named for the first hearing, adjourn
the said hearing from time to time, but not for a longer period than ten
days in all; and shall at such meeting, or such adjourned meeting,
38
decide and publicly announce whether they shall grant or refuse the
prayer of the petition, and shall endorse upon or annex to the petition
a brief memorandum of such decision, to be signed by said commis-
sioners and file within five days thereafter in the office of the town or
district clerk.
77. APPEAL.] In case the commissioners of highways shall deny
the prayer of the petition, any three of the petitioners may appeal from
such decision to the county superintendent of highways by joining
in a notice of such appeal and filing the same in the office of the
town or district clerk within ten days after the date of the decision
appealed from. The clerk shall thereupon transmit the original
petition for the altering, widening, vacating or laying out of such
road, together with the said notice of appeal to the county superin-
tendent of highways. Upon receipt thereof the said county super-
intendent of highways shall thereupon fix a time and place for a
public hearing thereof, giving notice thereof and render his decision
theron in the manner hereinbefore provided in the case of the
hearing upon said petition by the commissioners of highways of the
town or district. Upon rendering his decision, the said superin-
tendent of highways shall likewise endorse oh said petition a mem-
orandum of his decision and shall file the same in the office of the
town or district clerk. Such decision of the commissioners of high-
ways, or upon appeal such order of the county superintendent of
highways, shall be regarded as a preliminary decision upon the
advisability of the proposed improvement, and shall be subject to
revocation in the manner hereinafter provided. [Amended by Act
approved June 21, 1917.
78. SURVEYS ORDERED.] If the commissioners of highways, or
upon appeal from his [their] decision, the county superintendent of
highways, shall enter a preliminary order as aforesaid that the
prayer of the petitioner should be granted, the said ^highway com-
missioners or county superintendent of highways, as 'the case may
be, shall cause a survey ami plat of such road to be made by a com-
petent surveyor who shall report such survey and plat to said
commissioners of highways or county superintendent, as the case
may be, giving the courses and distances and specifying the land
over which said road is to pass^; in which he may make such
changes ^between the termini of the road described in the petition,
as the convenience and interest of the public in his judgment may
require. Upon the petition of twelve land owners residing in the
town or district where the road is situated, it shall be the duty of
the said commissioners of highways or county superintendents, as
the case may be, within a reasonable time to employ a competent
surveyor and have any road designated in such petition to be once
[re] surveyed.
79. DAMAGES TO BE DETERMINED.] Whenever the commissioners
of highways of any town or road district or upon appeal from their
decision, the county superintendent of highways has entered a pre-
liminary order as aforesaid for the establishment, vacation, widen-
ing or alteration of a road, and a survey therefor has been com-
39
pleted as hereinbefore provided, proceedings shall next be taken to
fix the damages which will be sustained by the adjoining land
owners by reason of such alteration, vacation, widening or laying
out. In case such preliminary order was entered by the commis-
sioners of highways, they shall act for the towft or district in all
matters relating to the fixing of damages, as well as the surveying
of such road. But in case such order was entered by the county
superintendent of highways on appeal, as aforesaid, the said county
superintendent shall represent the said town or district in such
matters.
80. DAMAGES MAY BE AGREED UPON.] The damages sustained by
the owner or owners of land by reason of the establishment, altera-
tion, widening or vacation, as aforesaid, may be agreed upon by the
owners of such lands if competent to contract, and the commis-
sioners of highways or county superintendent, as the case may be.
Such damages may also be released by such owners, and in such
case the agreement or release shall be in writing, the same shall be
filed and recorded with the copy of the order establishing, altering,
widening or vacating such road in the office of the town or district
clerk, and shall be a perpetual bar against such owners, their gran-
tees and assigns for all further claim for such damages.
81. INDUCEMENTS MAY BE OFFERED.] Any person or persons
interested in the establishment, alteration, widening or vacation of
any public road in this State, are hereby authorized to offer induce-
ments to the commissioners of highways or county superintendent
of highways, as the case may be, for the establishment, alteration,
widening or vacation of any such road, by entering into contract
with said commissioners or county superintendent, conditioned
upon such establishment, alteration, widening or vacation, to pay
money or other valuable thing to the town or district for the benefit
of the road or bridge funds of the same ; or to perform any labor, or
construct any road, bridge or culvert on any road which said person
or persons desire to be established, widened or altered. Any such
contracts in writing made with said commissioners of highways or
county superintendents shall be deemed good and valid in law and
may be enforced by said commissioners or superintendent, or his or
their successors in office, before any court having jurisdiction.
% 82. SUMMONING JURY TO ASSESS DAMAGES SUMMONS TO OWN-
ERS.] In case such damages are not released or agreed upon as in the
preceding section specified, the commissioners, or in case of
appeal the county superintendent of highways, shall, within ten
days from the date of the meeting at which it was decided to grant
the prayer of the petition, make a certificate that he is about to
establish, widen, vacate, or alter a public road, describing such
road, vacation, widening or alteration, and the land over or on
which such road is to be established, altered, widened or vacated,
and naming the owners of such lands, if known, and if not known,
stating the fact and asking for a jury to assess the damages of such
owners, and shall present such certificate to some justice of the
peace of the county, who, on receipt of the same, shall, within five
40
days, issue a summons against the land owners concerned, which
summons shall be in the following form as nearly as the case will admit,
viz:
STATE OF ILLINOIS,!
COUNTY, J ss -
The People of the State of Illinois, to any constable of said county
GREETING :
You are hereby commanded to summon to appear
before me at on the day of at. o'clock,
and prove to a jury then and there to be empaneled, such damages
as (he or they) may sustain on account of the establishing, altering,
widening or vacating the road described in a certificate of the com-
missioners of the town of or road district No (or
county superintendent of highways acting for said town or road
district No ) in said county, which certificate is now on file
in my office.
Given under my hand and seal this day of , 19. ...
Justice of the Peace.
In which summons the justice shall specify a certain place, day
and hour for the trial, not less than six nor more than fifteen days
from the date of such summons, at which the time and place such
land owners are to appear. Such summons shall be served at least
three days before the time of trial mentioned therein, by reading the
same to -the land owners therein named.
83. IF OWNER INFANT, ETC., HOW SERVED.] If any such owner
is an infant, such summons shall be served- by delivering a copy to
the infant and its guardian, if any ; if no guardian, the person with
whom he or she resides. If any owner is a lunatic or habitual
drunkard, having a conservator, or insane, by delivering a copy to
his conservator, if any.
84. NOTICE TO NON-RESIDENT OWNERS CONTINUANCE.] In case
it shall appear, either fromthe certificate of the commissioners or
county superintendent of highways, the affidavit of any person, or
the return of any officer to whom the notice may be, delivered for
service, that there are non-resident or unknown owner or owners
who cannot be found and served within the county, such justice
shall also cause notice to be delivered to the occupant of such lands,
and the contents and nature thereof to be made known to such
occupant and also to be posted in three of the most public places in
the vicinity of such proposed road or alteration, at least ten days
before the time fixed in the summons for hearing proof of damages,
stating the time and place, as stated in said summons, and describ-
ing the road to be established or altered, and the lands for which
damages are to be assessed ; and in case service is made upon any
owner by posting notices as above provided, the justice shall con-
tinue said hearing for a period not exceeding twelve days.
85. MANNER OF SELECTING JURY CHALLENGE.] Such justice
shall also forthwith issue a venire directed to any constable of the
41
county, to summon six persons having the qualifications of jurors
to appear at such time and place as may be designated for the prov-
ing of such damages, whose competency shall be determined the
same as in other civil cases before justices of the peace. Either party
to the case shall have the same right of challenge as in other civil
cases ; and any deficiency in the number of jurors, from whatever
cause, shall be supplied by summoning other persons residing in
such county : Provided, that not more than one-half of such jury shall
be residents of the town or district liable to pay the damages as-
sessed in the case : Provided, further, that changes of venue may be
granted, if applied for before the commencement of the trial, in the
same manner as in other civil causes before justices of the peace.
86. OATH TO JURY TRIAL TO BE CONDUCTED AS IN OTHER CIVIL
CASES.] The jury shall appear before and be sworn by such justice
faithfully and impartially to assess the damages of each of the own-
ers specified in such certificate, or those of them whose claims are
then to be adjusted, according to law, to the best of their judgment
and understanding; and all parties in interest shall be entitled to
subpoenas and other writs and papers, and the trial shall be con-
ducted as in other civil cases.
87. TRIAL VERDICT JUDGMENT DAMAGES BENEFITS.] The
case shall be entitled, "Town of (or road district No )
vs " (whoever may be summoned as land owners),
and the jury shall hear such lawful evidence touching the question
of damages as may be presented to them; and they shall also, on
request of the commissioners of highways or county superintendent
of highways, as the case may be, or owners of lands whose damages
are to be determined, in a body visit and examine the proposed loca-
tion, alteration, widening or vacation of such road and the lands
to be taken or affected thereby, and make a written verdict specify-
ing the amount of damages, if any, which every such owner shall
recover, and return the same to such justice, to be by him entered
on his docket in the nature of a judgment : Provided, that in estimat-
ing the damages, except damages to land actually taken for a road,
the jury may consider the benefits conferred; but no benefits enjoyed
in common by the owners of surrounding property shall be con-
sidered in estimating damages.
88. APPEAL.] Any person or persons interested in the verdict of
any jury in assessing damages in opening, altering or vacating any
road, may appeal from such decision to the county or circuit court
within ten days after such decision has been rendered, by filing a
written petition with the justice of the peace, from whose decision
they desire to appeal, asking for an appeal and stating on what grounds
such appeal is taken.
89. COSTS OF APPEAL APPEAL BOND.] Any parties taking appeal
from the verdict of the jury as aforesaid, shall file a sufficient bond
with the justice of the peace, before taking such appeal, conditioned
for the payment of the costs of such appeal in case the verdict of the
jury is in all things sustained or the appeal dismissed; if the verdict
42
of the jury shall not be sustained, the district shall pay the costs of
such appeal. When such appeal is taken from the verdict of the jury
called by the justice of the peace to assess damages as aforesaid,
and when the commissioners of highways or county superintendent,
as the case may be, shall be unable to agree with the owners of lands
in regard to such damages, then all proceedings shall cease until the
amount of damages is settled by the county or circuit court on appeal
as aforesaid.
90. FINAL ORDER OF HIGHWAY COMMISSIONERS OR COUNTY
SUPERINTENDENT OF HIGHWAYS.] Within twenty days after the dam-
ages likely to be sustained by reason of the proposed laying out,
alteration, widening or vacation of any road shall have been finally
ascertained, either by agreement of the parties or by trial in a court
of the justice of the peace, or on appeal to the county or circuit
court, or within twenty days after such damages may have been
released, as aforesaid, the commissioners of highways shall hold a
public hearing at which they shall hear and consider reasons for or
against the proposed laying out, widening, alteration or vacation of
such road, and at which time and place they shall publicly announce
their final decision relative thereto. The commissioner [s] of high-
ways shall give public notice of such public hearing by posting notices
thereof in at least three of the most public places in the town or district
for at least five days prior thereto. At such time and place the com-
missioners of highways shall determine upon the advisability of such
proposed laying out, widening, alteration or vacation of such road and
shall make an order for the same and shall within five days thereafter
file such order in the office of the town or district clerk.
91. APPEAL FROM FINAL COMMISSIONERS' ORDER.] From such
order of the^ commissioners of highways finally determining the ad-
visability of such proposed laying out, alteration, vacation or widen-
ing of any road, any three qualified petitioners who may have signed
the petition for such proposed laying out, alteration, vacation or
widening, or any three land owners residing in said town within two
miles of any portion of such road proposed to be laid out, altered, va-
cated or widened, or any person interested therein, may appeal to the
county superintendent of highways by filing a notice of such ap-
peal in the office of the town or district clerk within ten days of the
date of filing the decision appealed from. Thereupon such clerk shall
at once transmit all papers relating to such proposed laying out, alter-
ation, vacation or widening of such road to the county superintendent
of highways, who shall within twenty days after the receipt of th<
same, hold a public hearing within such town or district to finally
determine upon the laying [upon the laying] out, vacation, widening or
alteration of such road. Such hearing shall be upon such notice and
conducted in like manner as the hearing before the commissioners
of highways relative to such final decision and from which appeal has
been taken. The final order of the county superintendent of highways,
relative to such proposed laying out, alteration, widening or va-
cation of such roads shall be filed with the town or district clerk
43
within five days from the date of such public hearing. [Amended by
Act approved June 21, 1917.
92. EFFECT OF FINAL ORDER.] In case the commissioners of high-
ways, or upon appeal from their decision the county superintendent
of highways, shall finally determine as aforesaid against the advis-
ability of the proposed laying out, alteration, widening or vacation
of such road, such order shall have the effect to annul and revoke
all proceedings and assessments, releases and agreements in respect
to damages growing out of the proceedings upon the petition afore-
said. In case the commissioners or county superintendent shall not
revoke such prior proceedings, he or they shall make an order to be
signed by him or them, declaring such road to be altered, widened,
vacated or laid out as a public highway and which order shall con-
tain or have annexed thereto a definite description of the line of
such road, together with the plat thereof. The commissioners of
highways or county superintendent, as the case may be, shall within
five days from the date of his final order, cause the same, together
with the report of the surveyor, the petition and the releases, agree-
ments or assessment in respect to damages, to be deposited and filed
in the office of the town or district clerk; who shall note upon such
order the date of such filing. It shall be the duty of such clerk to
record such order, together with the plat of the surveyor in a proper
book to be kept for that purpose.
93. PROCEEDINGS SUBSEQUENT TO FINAL ORDER.] After it has
been finally determined that a road shall be laid out, widened, altered
or vacated, either by the commissioner of highways, or upon appeal,
by the county superintendent of highways, all proceedings subsequent
thereto on behalf of the town or district shall be taken by the com-
missioners of highways thereof as hereinafter provided. And such
commissioners of highways in such cases are hereby authorized and
empowered to resort to all necessary proceedings not inconsistent with
the provisions of this Act to secure the laying out, widening, alteration
or vacation of any such road.
94. RECORDS OF TOWN OR DISTRICT CLERK EVIDENCE EFFECT
OF SAME.] The records of the town or district clerk, or a certified copy
of such record and papers, relating to the establishment, location,
alterations, widening or vacation of any road shall be prima facie evi-
dence in all cases that all the necessary antecedent provisions have
been complied with, and that the action of the commissioners or
other persons and officers, in regard thereto, was regular in all respects.
95. LIMITATIONS OF TIME TO OPEN.] All roads laid out as herein
provided shall be opened within two years from the time of laying
out the same. If the damages resulting from the establishing of
such roads shall not be paid within ninety days from the time of
the final determination to open the same as aforesaid, such new
roads shall be deemed to be vacated.
96. REMOVAL OF FENCES NOTICE.] Whenever a public road is
ordered to be established or altered, according to the provisions of
this Act, which road shall pass through or on enclosed land, the
44
commissioners of highways shall give the owner or occupant of such
land sixty days notice in writing, to remove the fences. If such owner
or occupant does not remove the fence or fences within sixty days
after such notice, the commissioners shall have the same removed, and
direct the road to be opened and worked ; the owner of such premises
shall pay all necessary costs of the removal, and the same may be
recovered by the commissioners of highways in any court of competent
jurisdiction.
97. CROPS REMOVAL OF.] When any road opened according to
the provisions of this subdivision shall pass over enclosed lands, the
owners of such lands shall have a reasonable time, not exceeding
eight months, to be designated by the commissioners of highways
to harvest crops and remove fences which may be on such lands before
such road or cartway shall be opened.
98. PRIVATE ROADS.] Roads for private and public use of the
width of three rods or less, may be laid out from one dwelling or
plantation of an individual to any public road, or from one public
road to another, or from a lot of land to a public road, or from a
lot of land to a public waterway, on petition to the commissioners
by any person directly interested. Upon receiving- such petition, pro-
ceedings shall be had respecting the laying out of such road as in
the case of public roads. In case the commissioners of highways
or upon appeal, the county superintendent of highways shall enter
a preliminary order for the laying out of such road, the said highway
officer or .officers making such preliminary order shall, if possible,
and the parties are competent to contract, agree upon the total amount
of damages, together with the portion thereof to be paid by the town
or district, as well as by each of the land owners benefited by such
private road. In case such damages cannot be determined or appor-
tioned by agreement, the same shall be fixed as in the case of public
roads. The amount of such damages" shall be paid by the persons
benefited thereby, to the extent and in proportion that they are bene-
fited as determined and declared by the court. The remainder of the
amount of damages, over and above that to be paid by the parties
aforesaid, shall be paid by the town or district as in other cases. The
amount of damages to be paid by individuals shall be paid to the parties
entitled thereto, before the road shall be opened for use. In all other
respects the provisions of this Act relative to the opening, vacation,
alteration or widening of public roads shall be applicable also to the
laying out, alteration, widening or vacation of private roads.
99. ROADS ON TOWN OR DISTRICT AND COUNTY LINES, ETC.] Pub-
lic roads may be established, altered, widened or vacated on county or
township or districts lines, or from one township or district to another,
and in case a railroad right of way or stream of water joins the
boundary line of such county line, then along the line of such railroad
right of way or stream of water, in the same manner as other public
roads, except that in such cases, a copy of the petition shall be posted
up in and presented to the commissioners of each town or district
interested ; said petition to be as in other cases, and signed by not less
45
than twelve, or two-thirds of the owners of land residing thereon, in
either township or district or county within two miles of the road to be
so altered, widened, vacated, located or laid out. Whereupon it shall
be the duty of the commissioners of the several towns or districts to
meet and act together, in the same time and manner as in other cases,
in considering the petition, viewing the premises, adjusting damages,,
and making all orders in reference to such proposed road, alteration,
widening or vacation, and a copy of all final orders and plats and
papers shall be filed and recorded in each of the counties and towns or
districts interested. In case the said commissioners are unable to agree,
the county superintendent of highways shall act as arbitrator between
them in case the towns or districts shall lie within the same county, and
if in different counties the State Highway Commission or any person
designated by him, shall so act. All appeals hereinbefore provided for
may likewise to be taken to the county superintendent of highways, or
in case the towns or districts shall lie in two or more counties, to the
State Highway Commission.
100. COMMISSIONERS TO ALLOT ALL OR PART OF ROAD TO EACH
TOWN OR DISTRICT ALSO TO DIVIDE DAMAGES AND EXPENSES ARBITRA-
TION.] The commissioners shall also, in case a new road is established,
allot to each of such towns or districts the part of such road which
each of such towns or districts shall open and keep in repair, and the
part so allotted shall be considered as wholly belonging to such town
or district. They shall also divide the expenses and damages which
may accrue from such location, widening or alteration, and if they
cannot agree, they shall refer the matter to the county superintendent
of highways or in case the towns or districts shall lie in two or more
counties, to the State Highway Commission, whose decision shall be
final.
101. ROADS HERETOFORE LAID OUT ON COUNTY OR DISTRICT OR
TOWN LINES.] All roads heretofore or hereafter laid out upon town or
district or county lines shall be divided, allotted and kept in repair in
the manner as hereinbefore directed. Any public road that is or shall
be laid out on any county or town or district line, and in case a railroad
right of way or stream of water forms the boundary line of town or
district or county, or crowds the public road off from such town or
district or county, then the road alongside such railroad right of way
or stream of water, shall be held to be a road on a county or town or
district line, although owing to the topography of the ground along such
county or town or district line, or at the crossing of any stream of water
the proper authorities in establishing or locating such road may have
located a portion of the same to one side of such county or district or
town line or railroad right of way, or stream of water, and the expenses
of keeping in repair such road shall be assessed by each town or district
or county interested.
102. STATE LINE ROADS.] Roads may be laid out and opened
upon the line between this and any adjoining state, as provided in the
preceding sections, whenever the laws of such adjoining state shall be
applicable.
46
103. WHERE ROAD PROPOSED ACROSS OR ALONGSIDE RAILROAD
NOTICE.] In addition to the notices now required by law in proceedings
for laying out, locating or opening of public roads, similar notices shall
be served on any railroad company across or alongside of whose rail-
road it may be proposed to locate a public road : Provided, that this
Act shall not apply to the proceedings for opening streets in towns or
cities.
104. NOTICES ON RAILROAD COMPANIES HOW SERVED.] The
notices as provided by this Act shall be served by delivering a copy
thereof to the station agent of any such railroad company nearest to
the proposed location of such projected public roads.
104a. REGISTRATION OF ROUTES.] Any association organized to
promote the improvement of highways may, upon application to the
Department of Public Works and Buildings, have registered in the
office of the department, the name, detailed route, -color combination
and design used in marking any route laid out by such association.
The board of highway advisors shall have power to determine priority
of right in the use of any such name, color combination and designs.
The application for such registration shall be in the form pre-
scribed by the Department of Public Works and Buildings and shall be
properly acknowledged by the president and secretary of the association
before a notary public or other officer authorized to take acknowledg-
ment of deeds. Such application shall be accompanied by a registra-
tion fee of five dollars ($5.00), which fee shall be returned to the
association, if the application be not granted.
If the department shall, after investigation, adjudge the application
meritorious and the route to be worthy of the protection of this Act, it
shall issue to the association a certificate, which shall designate in detail
the name, the starting and the terminal point, the color combination
and designs used in marking the route^ all of which facts shall be
recorded as a part of the permanent records of the department, in a
book to be kept for that purpose.
It shall be unlawful for any person or association of persons other
than those granted the privilege, as provided herein, to use for similar
purposes, the name or any recorded color combination or design so
registered.
Any person who shall injure or deface any sign board, design or
other markings designating routes so registered, shall be guilty of a
misdemeanor, and upon conviction shall be fined not less than five dol-
lars ($5.00) nor more than one hundred dollars ($100).
When any such highway association ceases to exist, or when the
interest in the route name and markings has ceased, the Department
of Public Works and Buildings may, after proper investigation, cancel
the records and registration of any such registered route and reassign
the name, color combination, designs or other markings to any other
association making application for their use, as provided herein.
Any person or officer of any association violating any of the pro-
visions of this Act, shall be guilty of a misdemeanor and upon con-
viction thereof, may be fined not less than five dollars ($5.00) nor more
47
than one hundred dollars ($100.00). [Amended by Act approved
June 25, 1917.
SUBDIVISION VII.
Repair and Maintenance of Roads and Bridges.
105. HOW ROADS TO BE GRADED WALK PEMALTY FOR DRIVING
ON CROSSINGS.] 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
$1.00 for each offense. Grading shall be done before the 1st of Sep-
tember 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.
106. SlDEWAIKS IN UNINCORPORATED VILLAGES.] Highway COm-
missioners are hereby authorized to build sidewalks in unincor-
porated villages out of any delinquent road tax belonging to the
town or road district in which such village is located.
107. ROAD DRAGS AUTHORITY AND USE.] (A) The commission-
ers or commissioner of highways of their respective townships or
district in the several counties of this State are hereby authorized
to have earth roads dragged at all seasons of the year whenever the
surface of the roads become rough so they will not properly shed
the water which falls upon them.
It shall be the duty of the commissioners or commissioner of
highways to designate from time to time what roads in the town-
ship or district shall be dragged. He shall cause the work to be
done by giving the parties contracted with for the performance of
such services such notice as shall be deemed sufficient; he shall on
or before the 15th day of September in each year contract with as
many suitable persons as he deems necessary to drag the roads in
the township or district for that year, but shall not apportion the
dragging of more than six miles of road to any one person. The
commissioners or commissioner of highways may at any time can-
cel such contract or contracts for dragging the roads when the
stipulations herein contained have not been properly complied with
or when the work is not done in a satisfactory manner: Provided,
however, that in making contracts for road dragging such contracts
shall not be let for a sum exceeding one dollar ($1.00) per mile for
each time dragged : Provided, further, that the width required to be
dragged shall be not less than 14 feet, if the width of the roadway
will permit.
48
(B) OBSTRUCTING DRAINAGE.] It shall be unlawful for any per-
son or persons to place loose earth, weeds, sods, or other vegetable
matter on the portion of a road which has been dragged and so
maintained in good condition, or to place any material in such a
manner as to interfere with the free flow of water from the dragged
portion of the road to the side gutters or ditches : Provided, that this
restriction shall not apply to deposits of earth or other material
that may be made by the authority of the proper road officials, if
necessary for filing or raising the elevation of a given section of
road or other necessary construction work.
(C) TRAVEL REGULATED.] It shall also be unlawful for any per-
son or persons to drive or cause to be driven a vehicle of any
description in or upon any portion of the highway immediately
after the same has been dragged and before such portion of the
highway shall have partially dried out or frozen: Provided, that
nothing in this section shall apply in those instances where it is
impossible to drive with safety at one side of said dragged portion
of the road, or where a vehicle does not make a rut on such dragged
portion of the road, injurious to the work accomplished by use of
the road drag or where a vehicle does not ma"ke a rut nearer than
nine (9) feet from the center of the dragged portion of the road.
(D) Any violation of any of the provisions of this section by
the commissioners or commissioner of highways or any person or
persons who may be required under contract to drag district roads
or neglect on the part of any township clerk to set aside the funds
required "by section 62 of this Act shall, on conviction thereof, sub-
ject the offender to be fined not less than ten dollars ($10.00) nor
more than twenty-five ($25.00) for the first offense, and for each
subsequent offense shall be fined not less than twenty-five dollars
($25,00) nor more than fifty dollars ($50.00). [Amended by Act
approved June 28, 1915.
SUBDIVISION VHI.
Gravel, Rock and-Macaddm Hard Roads.
108. PETITION FOR ROAD NOTICE ELECTION VOTE RATE PER
CENT.] On the petition of twenty-five per cent of the land owners
who are legal voters of any township to the town clerk thereof in
counties under township organization or road districts in counties
not under township organization, to the district clerk hef shall, when
giving notice of the time and place for holding the next annual town
meeting or road district election, also give notice that a vote will be
taken at said election or 'meeting for or against an annual tax not to
exceed one dollar on each one hundred dollars assessed valuation
of all the taxable property, including railroads, in the township or road
district, for the purpose of constructing and maintaining gravel, rock
macadam, or other hard roads, or for improving, maintaining or re-
pairing 'earth roads by draining, grading, oil-treating or dragging.
Said petition shall state the location and route of the proposed road
or roads, and shall also state the annual rate per cent not exceeding
one dollar on each one hundred dollars and the number of years not
49
exceeding five, -for which said tax shall be levied. If in any such
petition a special election shall be requested for such purposes it
shall be called in the manner provided for calling special elections in
section 112 of this Act. [Amended by Act approved June 27, 1917.
109. BALLOTS.] The ballots at said election shall be substantially
in the following form:
Shall a special tax for road purposes be levied ?
Yes
No
[Amended by Act approved June 27, 1917.
110. DUTY OF COMMISSIONERS TAX DONATIONS.] If a majority
of all the ballots cast at said election on said proposition shall be in
favor of said special tax, then it shall be the duty of the commis-
sioner of highways of the township or road district to levy an annual
tax in accordance with said vote and certify the same to the county
clerk. He shall also cause a copy of such certificate of levy to be filed
in the office of the town or district clerk as provided in section 57 of this
Act. The county clerks shall cause such levy, thus certified to him to
be extended on the tax books for the current year and for each suc-
ceeding year, as 'stated in the certificate so filed with him : Provided,
that the length of time for which the special tax levy shall continue
shall not exceed five years. The commissioner may also receive dona-
tions in money, labor, materials or other valuable things, to aid in the
construction of said road.
111. LEVY AND COLLECTION OF TAX.] The county clerk, when
making out the tax books for the State and county tax for the col-
lector, shall in each year for the number of years stated in such
certificate extend the special tax in separate columns against each
taxpayer's name or taxable property, as other taxes are extended,
which shall be collected the same as State and county taxes, and
known as the permanent road fund.
, 112. BORROWING MONEY.] On the petition of the single com-
missioner of highways or of the commissioners of highways, in his
or their official capacity, and of one hundred of the free holders of any
town or district (or where there may be less than two hundred such
free holders, then a majority of them,) to the town or district clerk
requesting him, when giving notice of the time and place for holding
the next annual town or road district election, to give notice also that
a vote will be taken at said election on the question, "Shall bonds for
road purposes be issued to the amount of $ ?" such clerk shall,
when giving notice of the time and place for holding the next annual
town or road district election, also give notice that a vote will be taken
at said election on said question, "Shall bonds for road purposes be
issued to the amount of $ ?"
50
If in any such petition a special election shall be requested for
such purpose, it shall be called as follows :
Upon the riling of such petition the town or district clerk shall
call such special town or district election, by posting up in ten of the
most public places in said town or district, at least ten days prior to the
day fixed for said special town or district election, notices of such
special town or district election, which notices shall state .the filing of
said petition, the time and place of said special election, and that a vote
will be taken at said election on the question, "Shall bonds for road pur-
poses be issued to the amount of $ ?"
Such special election shall be held at the place of the last annual
town or district election and shall be conducted and returns thereof be
made in the same manner as regular annual town or road district
elections.
The vote at such regular or special election shall invariably be by a
separate ballot and shall be in substantially the following form :
Shall bonds for road purposes be issued to
Yes
the amount of $ ^
No
And if it shall appear that a majority of the legal voters voting at
said election on said question voted in favor of said proposition, the
commissioners of highways and the town or district clerk, as the case
may be, shall issue (from time to time as the work progresses) a
sufficient amount, in the aggregate, of the bonds of said town or dis-
trict for the purpose of building or maintaining roads, or for the
purpose of constructing or repairing any bridge or bridges, or for the
purpose of constructing or repairing any other distinctive work on
the road, as the case may be,4n accordance with the prayer of said
petition. Said fronds shall be oi such denominations, upon such time
and bear such rate of interest, not exceeding five per cent, and be dis-
posed of, as the necessities and convenience of said town or district
may require : Provided, that said bonds shall not be sold nor disposed
of, either by sale or by payment to contractors for labor or materials,
for less than their par value, and that such bonds shall be issued in not
more than ten annual series, the first series of which shall mature not
more than five years from the date thereof, and each succeeding series
in succeeding years thereafter. A register of all issues of said bonds
shall be kept in the office of the county clerk of the county in which
said town or district is located, showing the date, amount, rate of
interest, maturity, and the purpose for which said bonds were issued,
which information shall be furnished to the county clerk in writing,
by the town or district clerk, and it shall be the duty of such county
clerk to extend annually against the property in said town or road
district, a tax sufficient to pay the interest of said bonds in each year
; 61
Drier to the maturity of such first series, and thereafter he shall extend
a tax in each year sufficient to pay each series as it matures, together
with interest thereon and with the interest upon the unmatured bonds
outstanding. Such bonds may be lithographed and the interest for
each year evidenced by interest coupons thereto attached, which coupons
shall be signed with original or fac-simile signatures by the same
officers who executed the bonds : Provided, however, that the amount,
including the principal and interest to be voted upon, shall not exceed
the amount which can be raised during a period of five years by a
levy of one dollar per year on each one hundred dollars of taxable
property, as taken for assessment purposes in such town or district ;
the proceeds of said bonds to be paid to the treasurer .of such funds and
to be disbursed by him upon the order of the commissioners of high-
ways. [Amended by Act approved June 27, 1917.
113. DUTY OF TREASURER.] The treasurer of the road and bridge
funds of any town or district before receiving any of said fund herein
provided for, shall execute a good and sufficient bond, with two or
more sureties, to be filed with the town clerk or district clerk, as the
case may be, for the benefit of the town or district, in double the
amount which will probably come into his hands by virtue of this
subdivision of this Act.
114. TAX COLLECTOR DUTY COMMISSION.] The tax, when col-
lected, shall be paid to said treasurer as fast as collected, except such
rate per cent as shall be allowed for collecting the same, and said tax
shall be known and kept as the permanent road fund. The treasurer
shall be allowed one per cent on all of said fund that comes into his
hands.
115. SURVEYS, ESTIMATES, ETC.] Whenever it shall be voted to
construct gravel, rock, macadam or other hard roads or to improve
dirt or earth roads and to oil treat the same or to oil treat the roads
in any township or district it shall be the duty of the county superin-
tendent of highways of the county in which said township so voting is
located to at once survey (or cause to be surveyed) the route of the
road thus to be improved and to prepare suitable maps, plans, specifi-
cations, and estimates of the cost of the proposed improvement. The
county superintendent of highways shall divide the same into convenient
sections, each of which shall be numbered. The county superintendent
of highways, upon the completion of said maps, plans, specifications
and estimates, shall file one copy of the same with the town or district
clerk of the township wherein the proposed road is to be constructed
and one copy with the commissioners of highways of said township,
and in case of State aid road construction or improvement the county
superintendent of highways shall also file copies of such maps, plans,
specifications and estimates with the State Highway Commissioners.
[Amended by Act approved June 25, 1915.
116. PLANS BIDS NOTICE.] When the plans and specifications
are completed, the commissioners shall advertise for sealed bids for
said work, by publishing a notice thereof for at least three weeks in
some newspaper published in said township or road district. If there
52
is no newspaper published therein, then in the newspaper published
nearest said township or road district, and also by posting notices in at
least ten of the most public places in said town or road district.
117. PLANS AND SPECIFICATIONS WHAT TO CONTAIN.] The
plans and specifications shall provide for the grading of a roadbed of
not less than 20 feet in width on the surface, and so constructed as to
drain freely to the sides and with all necessary side and lateral ditches
and tile drains, bridges, and culverts, and a track laid with gravel, rock,
macadam, or other hard and durable substance, not less than seven nor
more than sixteen feet in width, and if constructed of gravel or broken
stone, not less than ten inches thick in the center, and eight inches thick
on the edges : Provided, however, this section shall be considered as
directory only, and shall not prohibit the making of roads of different
width or thickness, in the discretion of the commissioners.
118. COMMISSIONERS OPENING BIDS FAILURE TO GIVE BOND.]
The commisisoners shall appear at the time and place appointed, for
the purpose of opening the bids and shall proceed to let the contract
publicly to the lowest responsible bidder or bidders by sections, with
proper specifications of the various kind of labor or material on each
section, and bidders shall be required to separately state their bids for
each class of work in such manner as the commisisoners may provide,
and each contractor shall be required to give bond with good and suf-
ficient sureties for the performance of his contract, payable to the com-
missioners for the use and benefit of the town or district with the
necessary specifications and stipulations on the part of the contractor
entered therein : Provided, however, no contract in excess of the sum
of two hundred dollars ($200.00) shall be let by the commissioners of
highways in any town or district without the approval of the county
superintendent of highways. No commissioners shall be interested
either directly or indirectly in any contract relating in any manner to
said road.
119. MAY REJECT BIDS.] If the commissioners of highways shall
be of the opinion that the bids afe too high, they may reject the same.
No contract shall be deemed as let unless the contractor shall, within
ten days after the letting, enter into contract and file a bond with two
good and sufficient sureties with the commissioners, ,in the penal sum
of double the amount of the contract, payable to the commissioners of
highways upon the failure to comply with the conditions'of his or their
contract.
120. ESTIMATE PAYMENT OF CONTRACTOR.] The county super-
intendent of highways shall make estimates of the work done, and
certify the same to the commissioners of highways of said township,
not oftener than once in thirty days, as may have been provided in
the contracts, and the said commissioners of highways shall then issue
an order on the treasurer in favor of the contractor, reserving not
less than 20 per cent of said estimates, to guarantee the completion
of the contract. Upon the completion of the contract the commis-
sioners and the county superintendent of highways shall make a
thorough and complete examination and estimate of said work, and,
if found in accordance with the specifications of the contract, the com-
missioners, upon the certificate of the county superintendent of high-
ways, shall issue his order on the treasurer for the full amount due
the contractor.
121. RECORD REPORT SETTLEMENT.] The commissioners shall
keep a full and accurate record of all their proceedings under this
Act, and shall, upon the completion of the road, file with the town
or district clerk all records, papers, plans, plats, estimates, specifica-
tions and contracts, and shall make a full report to, and settlement
with the board of town auditors or district clerk as provided in section
50 of this Act. If the commissioners fail to make such settlement, the
supervisor or board of county commissioners shall cause an action to
be instituted against them in the corporate name of the township or
road district to enforce such settlement.
122. CONSTRUCTION OF ROAD MATERIAL.] The commissioners
and the county superintendent of highways may, in their discretion,
cause the road to be constructed wholly of earth, and by a thorough
system of tile and other drainage, when .gravel, stone and other suitable
hard materials can not be obtained at a cost within the means in the
hands of the commissioners or oil treat earth roads. [Amended by Act
approved June 25, 1915.
123. COMMISSIONERS MAY TAKE MATERIALS.] The commission-
ers, for the purpose of constructing, maintaining or repairing gravel,
rock, macadam or other hard roads, as provided in this subdivision
and for procuring materials therefor, may enter upon lands of others,
doing no more damage than the necessity of the case may require, and
take therefrom such material as is necessary for the construction and
repairing of said roads : Provided, that the commissioners of highways,
their employees, or teams, shall not enter upon such lands for the
purpose in this section stated, without having paid or tendered the
amount of damage allowed or agreed upon : Provided, that the com-
missioners and the party or parties owning or controlling the lands to
be entered upon, or from which material is to be taken, cannot agree
as to the amount of damage or value of material, that the amount of
damage shall be determined as provided for in the law for exercising
the right of eminent domain.
124. COMPENSATION OF COMMISSIONERS AND EMPLOYEES.] The
commissioners shall receive the same compensation for their services
under this subdivision of this Act as for services under the common
road law: Provided, however, they shall not receive benefit for: both
kinds of service on the* same day. The assistants or employees shall
receive such reasonable compensation as may be agreed upon. The
commissioners shall be paid out of the road and bridge fund of the
town or district. The other employees shall be paid by the commis-
sioners out of the permanent road and bridge fund and none other.
125. EXTENSION OF ROAD WITHIN CITY OR VILLAGE.] Whenever
a special tax shall have been levied under the provisions of this sub-
division of this Act, the commissioners of highways of any town or
district may, by agreement with the city council or board of trustees of
54
any city or village of less than 10,000 population, extend any road
improved under the provisions of this subdivision within or through
the corporate limits of such city or village : Provided, such extension
within such city or village shall be of the same cost and kind of material
as the road outside such city or village, to be paid for out of said special
tax and after completion to be maintained by the municipal authorities
of such city or village at the cost of such city or village.
126. POWERS OF COUNTY BOARD.] The several county boards of
counties in this State are hereby vested with the same powers for con-
structing, repairing and maintaining roads in their respective counties,
as the commissioners of highways, acting severally or together, with
the several county superintendents of highways, according to the pro-
visions of this Act. The county board of any county may also assist
any town or road district in such county in the construction of roads,
under the provisions of this Act, to the extent of twenty-five per cent
of the cost thereof: Provided, however, that the question of raising
a special road tax or of issuing bonds for the purposes set forth in this
Act shall first be submitted to the legal voters of the county, at any
regular election for county officers, or at a special election which the
county board is hereby authorized to call for such purpose, on the
petition of one hundred land owners who are legal voters in said county,
to the county clerk, previous to time for posting the notices of a regular
or of a special election; said petition and notices, if for a special road
tax, shall designate the road or roads to be improved, or the town or
towns or the road district or road districts to be assisted, the annual
rate per cent not exceeding fifty cents on each one hundred dollars
assessed value, the number of years, not exceeding five, for which such
tax shall be levied, and said petition and notices, if for the issue of
bonds, shall designate the amount of bonds to be jssued, the rate of
interest thereon and the number of annual series thereof not less than
five nor more than twenty from the date of issue.
All elections hereunder shalbbe called and held and returns made
in substantially 'the, manner provided for under the general election
laws of this State. [Amended by Act approved June 27, 1917.
127. BALLOTS ELECTION TAX.] The ballots to be used at elec-
tions provided for in the preceding section, if for a special road tax,
shall be in substantially the following form :
*
Shall a special tax for road purposes be levied ?
Yes
No
And if for the issue of bonds the ballots shall be in substantially
the following form:
55
Shall county bonds for road purposes be
Yes
issued to the amount of $ ?
No
If a majority of all ballots cast on the first proposition mentioned
in this section at any such election shall be in favor of such proposition,
it shall be the duty of the county board to direct the county clerk to
extend such tax against all the taxable property, including railroads,
in said county, in accordance with the prayer of the petition therefor ;
if a majority of all ballots cast on the second proposition mentioned iri
this section at any such election shall be in favor of such proposition,
it shall be the duty of the county board to issue the amount of bonds
voted for; and then in either case it shall be the duty of such county
board to carry out the purposes for which said tax or bonds were voted,
in the same manner as provided for the guidance of commissioners of
highways in their respective towns or districts. [Amended by Act
approved June 27, 1917.
128. ROADS TO BE FREE.] All roads constructed under the pro-
visions of this subdivision of this Act, either by towns or districts or
counties shall be free for public travel and kept in repair by the proper
authorities thereof.
129. SURPLUS FUND.] All surplus funds remaining in the hands
of the treasurer of the town or district after the completion of any
road provided for under this subdivision of this Act shall be turned
over to the common road fund of said town or road district, as the case
may be, except so much thereof as the commissioners may order
retained for the purpose of repairing said permanent road.
ARTICLE VII.
CERTAIN PROVISIONS APPLICABLE GENERALLY TO HIGHWAY OFFICIALS.
130. TILE DRAINS CONTRACT WITH OWNERS.] Whenever the
commissioners of highway are about to lay a tile drain along any
public road other than a State aid road, or the State Highway Com-
mission or county superintendent of highways is about to lay such tile
drain along a State aid road, the said highway commissioner [s], State
Highway Commission, or county superintendent of highways, as the
case may be, shall have the 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 con-
tracting parties to drain their lands : Provided, that all such contracts
on roads other than State aid roads for a sum in excess of $200.00
shall be made on behalf of any town or road district by the highway
commissioners thereof, with the consent of the county superintendent
of highways.
56
131. WILLOW HEDGES PUBLIC NUISANCE.] Where willow
hedges, or a line of willow trees have been planted along the margin
of a road, so as to render tiling impracticable, the commissioners of
highways if the road be other than a State aid road, and the State
Highway Commission or the county superintendent of highways, if
the road be a State aid road, 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 to
be a public nuisance.
132. CARRIAGES MAY BE KEPT OFF HIGHWAYS WHEN.] The
proper highway officials are hereby authorized to keep carriages and
vehicles of every kind off the public highways wherever necessary to
properly repair the same.
133. COMMISSIONERS MAY ENTER LANDS TO OPEN DITCHES, ETC.
WHEN OWNER WILL NOT CONSENT PROCEEDINGS.] The highway
commissioners of the towns arid road districts are herby authorized
to enter upon any land adjacent to any highway in their respective
towns or districts for the purpose of opening any ditch, whenever it
shall be necessary to open a water course from -any highway to the
natural water course ; 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 highways : Provided, that unless the
owner of such land, or his agents, shall first consent to the cutting of
such ditches, the commissioners shall apply to any justice of the peace
of 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 or more than fifteen days from the
date thereof, for the purpose of having the damages 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 such
justice and be served in the same manner as summons is now served in
civil actions before justices of the peace. On the return of such sum-
mons, a venire shall be issued for a jury, 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. Whereupon judgment
shall be entered by the justice in accordance with the verdict. If
either party shall feel aggrieved, by such judgment, an' appeal may be
taken as in other cases : Provided, bond is filed within five days from
the time of entering of the judgment. If no appeal is perfected within
five days the amount so awarded shall be paid before the commissioners
of highways shall be warranted and empowered to enter upon such
lands and di.g, open and clean such drains, ditches and water courses as
aforesaid for the purposes contemplated in this Act. The commission-
ers are authorized to use the poll tax and road money of their town or
district for the payment of such judgment: Provided, that not more
than one-half of such jury shall be residents of the town or district
which is liable to pay the damages : Provided, further, that in case the
owner of said lands is a non-resident, service may be had by leaving a
57
copy with the occupant or agent, or by notice in the same manner as
prescribed in section 84 of -this Act.
134. MATERIAL FOR CONSTRUCTING ROADS EMINENT DOMAIN.]
The State Highway Commission, the State Highway Engineer, the
county superintendent of highways, and the commissioners of high-
ways of any town or district, for the purpose of constructing, main-
taining or repairing gravel, rock or other roads, and for procuring
material therefor, may enter upon lands of others, doing no more
damage than the necessity of the case may require, and take therefrom
such material as is necessary for the construction or repair of said
roads: Provided, that such State Highway Commission, State High-
way Engineer, county superintendent or commissioners of highways,
their employees or teams shall not enter upon such lands for the
purpose stated in this Act without having paid or tendered the amount
of damages allowed or agreed upon. And, provided, further, if such
State Highway Commission, State Highway Engineer, county superin-
tendent of highways or commissioners of highways and the party or
parties owning or, controlling the lands to be entered upon, or from
which material is to be taken, can not agree as to the amount of damage
or value of such material, that the amount of damage shall be deter-
mined as provided for in the law for exercising the right of eminent
domain.
135. AUTHORITY TO STRAIGHTEN WATER COURSES.] Whenever
any public road shall be petitioned for, and located, in part, in the
bed of any stream, the highway commissioners of the several towns
or districts are hereby authorized to enter upon the adjacent land on
which said stream is located, for the purpose of changing the current
of the said stream, so that it will not flow upon >r over such proposed
roadway; and to dig any necessary ditches for such purpose: Pro-
vided, that in case the owner of such land or his agent shall not consent
to such straightening of said stream, then the commissioners shall
first proceed to have the damages assessed and paid, in the same man-
ner as is now provided for the assessment and payment of damages in
proceedings to open ditches for the drainage of public highways.
136. RIGHT OF OWNERS TO MAKE CROSSINGS COSTS.] Any per-
son owning, using or occuping lands on both sides of any public
highway, shall be entitled to the privilege of making a crossing under
said highway for the purpose of letting his cattle and other domestic
animals cross said road : Provided, said person shall erect at his own
expense, a .good and substantial bridge, with good railings on each side
thereof, and build an embankment, of easy grade, on either side of said
bridge; said bridge to be not less than sixteen feet wide, and to be
approved in the case of a State aid road by the State Highway Commis-
sion, State Highway Engineer or county superintendent of highways,
and in the case of any other than a State aid road, to be approved
by the commissioners of highways of the town or district in which said
bridge is built, and the same to be kept constantly in good repair by
the owner or occupant of said land, the construction subject always to
the consent and approval of said State Highway Commission, State
58
Highway Engineer, county superintendent of highways or commis-
sioners of highways, as the case may be : And, Provided, further, that
in case such crossing is made on any waterway or natural channel for
water and where a culvert or bridge is maintained as required for road
purposes, said owners or occupants shall not be required to pay for
or construct any more of said crossings than the additional cost of
such crossing over and above the necessary cost of a suitable culvert
or bridge for road purposes at such place.
137. To KEEP DOWN WEEDS-] The commissioners of highways in
their respective towns or road districts, shall annually, at the proper
season, to prevent the spread of the same, destroy or cause to be
destroyed, all cocklebur, Canada thistles, Russian thistle and all other
kinds of thistles, or other noxious weeds, growing brush or plants
growing on or upon all public roads other than State aid roads within
their respective towns or districts. The State Highway Engineer or
the county superintendent of highways shall attend to the destruction
of such weeds, thistles and plants upon all State aid roads. It is also
hereby made the duty of the highway officers aforesaid to seasonably
mow and keep down all weeds or other vegetation 'growing along the
highways under their respective jurisdictions.
PENALTY.] Any highway officer failing to comply with the pro-
visions of this section shall be liable -to a fine of not less than $10.00
oc more than $25.00 for each season in which he shall neglect the
requirements of this Act.
138. CAPACITY OF BRIDGES AND CULVERTS.] It shall be unlawful
hereafter to construct any bridge or culvert upon any ravine, creek
or river upon a public highway or street in any town, county or city
in this State unless such bridge or culvert shall have the capacity of
sustaining a weight of at least one hundred pounds to the square foot.
PENALTY.] Any person who shall violate the provisions of this
section shall be guilty of a misdemeanor, and, upon conviction, shall
be fined not to exceed $200.00.
ARTICLE VIII.
LAW OF THE ROAD OFFENSES AND PENALTIES.
139. CERTAIN ROADS DECLARED PUBLIC HIGHWAYS.] All roads in
this State which have been laid out in pursuance of any law of this
State, or of the Territory of Illinois, or which Tiave been established
by dedication or used by the public as highways for fifteen (15) years,
and which have not been vacated in pursuance of law, are hereby
declared to be public highways.
140. THE TERM CARRIAGE.] The term "carriage" as used in this
Act shall be construed to include stagecoaches, wagons, carts, sleighs,
sleds, autmobiles, motorcycles, motor vehicles and every other car-
riage or vehicle used for the transportation of passengers and goods,
or either of them.
141. NOTICE AGAINST FAST DRIVING OVER BRID9E.] The commis-
sioners of highways, the State Highway Commission, the State High-
59
way Engineer, or the county superintendent of highways, when they
deem it advisable, may put up and maintain in conspicuous places at
each end of any bridge a notice with the following words in large
characters. "Five dollars fine for riding or driving-on this bridge faster
than a walk." If any person shall ride or drive over any bridge, upon
which such notice has been placed, faster than a walk, he shall forfeit
the sum of five dollars for every such offense.
142. DESTROYING OR DEFACING GUIDE BOARDS, ETC.] For destroy-
ing or defacing any guide board, post or milestone, or any notice or
direction put up on any bridge or otherwise, by or with the authority
of the State Highway Commission, State Highway Engineer, county
superintendent of highways, or the commissioners of highways of any
town or district, the offender shall forfeit a sum of no [not] less than
three dollars, nor more than fifty dollars.
143. DEPOSITING IN ROAD WEEDS, GARBAGE, ETC.] It is hereby
declared unlawful for any person to deposit in a public road weeds,
trash, garbage or other offensive matter or any broken bottles, glass,
boards, containing projecting nails or any other thing likely to cause
punctures in the tires of automobiles or motor vehicles ; and any person
so offending shall be liable to a penalty of not less than three dollars
nor more than ten dollars : Provided, however, that this section shall
not apply to proper deposits of harmless materials made in good faith
and in a proper manner to repair the roads.
144. INJURING SIDEWALKS, BRIDGES, ETC.] If any person shall
purposely destroy or injure any sidewalk, public bridge, culvert, or
causeway, or remove any of the timber or plank thereof, or obstruct
the same, he shall forfeit a sum not less than three nor more than one
hundred dollars, and shall be liable for all damages occasioned thereby
and all necessary costs for rebuilding or repairing the same.
145. TURN TO THE RIGHT.] That whenever any person traveling
with any carriage, shall meet on any turnpike, road or public highway
in this State, the persons so meeting shall seasonably turn their car-
riages to the right of the beaten track, so as to permit each carriage to
pass without interfering or interrupting, under the penalty of five
dollars for every neglect or offense, to be recovered by the party
aggrieved : Provided, this section shall not be construed to apply to a
case where it is impracticable from the nature of the ground for the
driver of the carriage or wagon to turn to the right of the beaten
track.
145a. GRADE CROSSING.] At all grade crossings of public high-
ways over railroads outside the corporate limits of any city or village,
the highway commissioners shall remove, or cause to be removed from
the highways all removable obstructions to the view of such grade
crossings, such as brush and shrubbery, and trim, or cause to be
trimmed, all hedges and trees upon the highway for a distance of not
less than three hundred (300) feet from each side of such crossings.
It shall be the duty of the highway commissioners to erect and
maintain such signs as the Public Utilities Commission may prescribe
alongside the roadway on the highway at a distance of three hundred
(300) feet oil either side from every grade crossing located in the
various townships or road districts of the State, designated as "extra
hazardous" by the Public Utilities Commission. Such signs shall be
erected upon a substantial post or pedestal at a height of approximately
five (5) feet above the level of the highway at the point where such
sign is located. No advertising or other signs shall be placed upon
the highway or upon the railroad right-of-way within fifty (50) feet
of any signs required by law to be placed at or near grade crossings.
It shall be unlawful for any person, firm or corporation to place,
or to cause to be placed, any sign at a public highway within a distance
of three hundred (300) feet of any grade crossing, except signs or
signals required by law or the Public Utilities Commission for the
protection of such crossings.
Any person who unlawfully removes, throws down, injures or
defaces any sign required by law to be maintained at or near any rail-
road crossings on the public highway, shall be liable to a fine of not
less than ten dollars ($10) nor more than one hundred dollars ($100)
for each offense.
If, in the case of any such crossing it appears that the presence of
such signs is unnecessary, the Public Utilities Commission, on petition
of the highway commissioners of the township or road district in which
such crossing is situated, may release such township or road district
of the obligation of placing or maintaining such signs on the highway
near such crossing.
It shall be the duty of the highway commissioners to maintain any
and all signs placed or erected on any such highway by or through the
order of the Public Utilities Commission of this State. With respect
to State Aid roads, the duties hereby imposed on the highway com-
missioners shall be performed by the- authorities in charge of such
State Aid roads.
Any official who shall fail or neglect to perform any duty created
by this section shall be liable to a fme of not less than ten ($10) dollars
nor more than o'ne hundred ($100) dollars for each such offense.
[Amended by Act filed June 29, 1917.
145b. STOP AT GRADE CROSSINGS.] Upon approaching any high-
way crossing a railroad at grade, the person controlling the movement
of any self-propelled vehicle shall reduce the speed of such vehicle to
a rate of speed not exceed [ing] ten (10) miles per hour. At all grade
crossings at which "Stop" signs are placed, the person controlling the
movement of any self-propelled vehicle shall bring such vehicle to a
full stop at such "Stop" sign before proceeding over the railroad
tracks. Failure to bring such vehicle to a full stop at such a crossing
before passing over the tracks of the railro.ad, as herein provided, shall
be deemed a misdemeanor and the person guilty of such misdemeanor
shall be subject to a fine not to exceed ten dollars ($10) ; the proceeds
of fines so collected to be paid into the county treasury and used to
maintain the highways of such county. [Amended by Act filed June
29, 1917.
61
146. DRUNKEN DRIVER PENALTY.] No person owning any car-
riage, running or traveling upon any road in this State for the convey-
ance of passengers, shall knowingly employ, or continue in employment,
any person to drive such carriage who is addicted to drunkenness or
the excessive use of spirituous liquors; and if any such owner shall
violate the provisions of this section, he shall forfeit at the rate of
$5.00 per day for all the time he shall keep such driver in his employ-
ment. Any person driving his own team, or the team of another, on the
public highway when intoxicated, shall be subject to a fine of not less
than $3.00, nor more than $25.00 for each offense.
147. DRUNKEN DRIVER, DISCHARGE OF.] If any driver, while
actually employed in driving any such carriage shall be guilty of intoxi-
cation, to such a degree as to endanger the safety of the passengers in
the carriage, it shall be the duty of the owner of such carriage, on
receiving written notice of the fact, signed by any one of said pas-
sengers, and certified by him on oath, forthwith to discharge such
driver from his employment; and every such owner who shall retain,
or have in his employ, within thirty days after the receipt of such
notice, any driver who shall have been so intoxicated, shall forfeit at
the rate of five dollars per day for the time during which he shall keep
any such driver in his employment after receiving such notice.
148. RUNNING HORSES, ETC., ON PUBLIC ROADS.] No person driv-
ing any carriage upon any turnpike, road or public highway within
the State, with or without passengers therein, shall run his horses, or
carriage or permit the same to run, upon any occasion, or for any
purpose whatever, except in case of necessity; and every person who
shall offend against the provisions of this section shall be deemed
guilty of a misdemeanor, and on conviction thereof, shall be fined not
exceeding $100.00 or imprisoned not exceeding sixty days, at the dis-
cretion of the court.
149. TEAM TO BE HITCHED.] It shall not be lawful for the driver
of any carriage, used for the purpose of conveying passengers for
hire, to leave the horses attached thereto while passengers remain
therein, without making such horse fast with a sufficient halter, rope
or chain, or by placing the lines in the hands of some other person,
so as to prevent their running; and if any such driver shall offend
against the provisions of this section, he shall forfeit the sum of $20.00
to be recovered by action, to be commenced within six months ; and
unless the amount of such recovery be paid forthwith, execution shall
be immediately issued therefor.
150. OWNERS LIABLE FOR DAMAGES DRIVER OF STAGE, ETC V
GUILTY OF MISDEMEANOR.] The owner [s] of every carriage running
upon any turnpike, road or public highway, for the conveyance of
passengers, shall be liable, jointly or severally to the party injured, in
all cases, for all injuries or damages done by any person in the employ-
ment af such owners as a driver while driving such carriage, to any
person, or to the property of any person, and that whenever the act
occasioning such injury or damage be wilful, negligent or otherwise,
in the same manner as such driver would be liable. Any driver of any
62
mail stagecoach, or any other vehicle for the conveyance of passengers,
wilfully offending against the provisions of this Act, shall be deemed
guilty of a misdemeanor, and on conviction thereof shall be fined not
exceeding $300.00, or imprisoned not exceeding four months.
151. INJURING OR OBSTRUCTING ROADS, ETC.] If any person shall
injure or obstruct a public road by felling a tree or trees, in, upon or
across the same, or by placing or leaving any other obstruction thereon,
or encroaching upon the same with any fence, or by plowing or dig-
ging any ditch or other opening thereon, or by turning a current of
water so as to saturate or wash the same, or shall leave the cuttings
of any hedge thereon, for more than ten days, he shall forfeit for
every such offense a sum not less than three dollars, nor more than
ten dollars; and in case of placing any obstruction on the highway,
an additional sum of not exceeding three dollars per day for every
day he shall suffer such obstruction to remain after he has been ordered
to remove the same by the commissioners of highways, or in case the
road is a State aid road, after he has been ordered to remove the same
by the State Highway Commission, State Highway Engineer or county
superintendent of highways. Any person feeling himself aggrieved
may make complaint under this section : Provided, however, this sec-
tion shall not apply to any person who shall lawfully fell any tree for
use and shall immediately remove the same out of the road, nor to any
person through whose land a public road may pass, who shall desire
to drain his land, and who shall give due notice to the proper highway
officials of such intention : And, provided, further, that the commis-
sioners of highways, State Highway Commission, State Highway
Engineer, or county superintendent of highways, as the case may be,
after having given reasonable notice (to the owners) of the obstruc-
tion, or persons so obstructing, or plowing, or digging ditches upon
such road, of the obstruction, may remove any such fence or other
obstruction, fill up any such ditch or excavation, except ditches neces-
sary to the drainage of an adjoining farm emptying into a ditch upon
the highway, and recover the necessary cost of such removal from such
owner or other person obstructing such road aforesaid, to be collected
by the highway officials having jurisdiction of the road whereon such
offense was committed.
152. OBSTRUCTING PERSON IN HIGHWAY.] If any person shall
wilfully and unnecessarily hinder, obstruct or delay, or shall wilfully
and unnecessarily attejnpt to delay, hinder or obstruct any other person
in lawfully driving or traveling along or upon any public highway in
this State, he shall be deemed guilty of a misdemeanor, and on con-
viction thereof, shall be fined not less than ten (10) nor more than
twenty-five (25) dollars; and shall also be liable for all damages occa-
sioned to any person by reason of a violation of this section.
153. ITINERANT CAMPING ON PUBLIC HIGHWAYS UNLAWFUL.]
It shall be unlawful for any itinerant person or persons on any public
highway in this State to either hitch or turn loose any stock, cows,
horses or other animals for purpose of feeding same or for purpose of
63
temporary camping on such public highways of this State for a period
to exceed twelve hours in any one township or district.
Any legal voter or resident in this State may enter complaint
before any court having jurisdiction against any person or persons
found violating this section and it shall be the duty of such court to
issue a warrant for. the arrest of such violators and have them brought
forthwith before said court for examination, and if found guilty of
such violation as charged, shall be fined in a sum not less than ten
dollars ($10.00) or exceeding fifty dollars ($50.00) for each such
offense, or committed to the county jail not exceeding thirty days, at
the discretion of such court. It shall be the duty of the commissioner
of highways to enforce the provisions of this section and to that end
procure warrants for the arrest of all violators hereof. [Amended by
Act approved June 24, 1915.
154. ENGINES ON PUBLIC HIGHWAYS.] It shall be the duty of
persons in charge of any steam, or gasoline or oil traction engine, being
propelled over the highways of this State, to stop said engine whenever
they meet any person or persons going in the opposite direction on said
highway with horses or other animals, until said horses or other ani-
mals shall have passed by ; and said engine shall be stopped when it is
one hundred (100) yards distant from said horses or other animals,
and sooner in case said horses or other animals become frightened at
said engine before arriving at said distance. The owner or driver of
said engine shall also keep a good, trusty man not less than fifty (50)
nor more than two hundred (200) yards in advance of said engine, to
assist in controlling any horses or other animals being driven or used
on said highway; until said horses or other animals shall have passed
by said engine ; and it shall be the duty of the man thus sent in advance
to use all reasonable care and diligence to prevent the occurence of any
accidents which might result in case said horses or other animals
become frightened at said steam engine.
WHEN UNLAWFUL TO BLOW WHISTLE.] It shall be unlawful for
any person to blow the whistle of said engine while on the public
highway.
PENALTY.] Any owner of a steam, or gasoline or oil traction
engine, who, by himself, agent or employee, violates the provisions of
this section, shall be deemed guilty of a misdemeanor, and, upon con-
viction thereof, shall, for each offense, be fined not less than ten dollars
nor more than fifty dollars, to be recovered before any court of com-
petent jurisdiction, and shall also be liable for all damages that may be
sustained by persons or property by reason of his failing to comply
with the provisions of this section.
155. SUITS FOR RECOVERY OF FINES OR PENALTIES UNDER ACT,
HOW BROUGHT APPLICATION OF FINES.] All suits for the recovery of
any fine or penalty under this Act, including as well such offenses as
may be committed upon or in relation to State aid roads as upon
other roads, shall be brought in the name of .the town or district in
which the offense is committed, before any justice of the peace within
the county, who shall have jurisdiction in such cases, to the extent
64
of their jurisdiction in other cases, or before any other court of com-
petent jurisdiction: Provided, that all suits or fines and penalties,
incurred under this Act, on town or district and county line roads,
shall be brought in the name of the town or district to which that
part of the road shall have been allotted, before any justice of the
peace who shall have jurisdiction in such cases to the extent of their
jurisdiction in other cases or before any other court of competent
jurisdiction; and it shall be the duty of the State Highway Commis-
sion, State Highway Engineer, county superintendent of highways
and commissioners of highways to seasonably prosecute for all fines
and penalties under this Act ; but in case of failure of said officers to
so prosecute, complaint may be made by any person: Provided, said
person shall before bringing suit in the name of the town or district,
give bond for costs, as is provided for in case of a non-resident. But
whenever any person shall enter complaint to any of said highway
officials, it shall be the duty of such highway official to at once proceed
to investigate as to the reason of such complaint, and if such complaint
is found to be just, he shall at once proceed to prosecution.
156. FINES HOW DISPOSED OF.] All fines and penalties recov-
ered under the provisions of this Act for offenses committed upon or
in relation to State aid roads, shall, unless otherwise provided, be
paid over to the county treasurer, and by him transmitted to the State
Treasurer to become a part of the State road and bridge fund. All
fines and penalties recovered under the provisions of this Act for
offenses committed upon or in relation to all other roads shall, unless
otherwise provided, be paid over to the treasurer of the road and
bridge fund of the town or district where the offense is committed
to be expended upon the roads and bridges in said district or town.
The judgment or docket entry of the court or justice imposing a fine
or penalty for violation of this Act as aforesaid, shall in each instance
specify whether such offense was committed upon or" in relation to a
State aid road or a road other than a State aid road.
157. RESTRICTION JURISDICTION.] Nothing contained in this
Act shall interfere with or affect any law concerning hackney coaches
or carriages in any of the cities of this State, nor interefere with nor
affect the laws or ordinances of any such city for the licensing or
regulating such coaches or carriages. Justices of the peace shall have
jurisdiction of all cases arising under this Act, where the penalty does
not exceed their jurisdiction.
ARTICLE IX.
OPTIONAL SINGLE HIGHWAY COMMISSIONER SYSTEM PROVIDED FOR.
Sections 158, 159, 160, 161, 162, 163, 164, 165, 166 and 167 repealed
by an Act filed June 29, 1917.
ARTICLE X.
ACT CONSTRUED STATUTES REPEALED.
168. PART INVALID.] The invalidity of any portion of this Act
shall not affect the validity of any portion thereof which can be given
effect without such invalid part.
65
169. CERTAIN ACTS REPEALED.] The following Acts and parts of
Acts are herby repealed :
"An Act in regard to roads and bridges in counties under town-
ship organization, and to repeal an Act and parts of Acts therein
named/' approved June 23, 1883 : Provided, however, that all officials
now holding office under said Act shall continue to exercise and enjoy
their respective rights, powers, duties and emoluments as therein pro-
vided until the first election of highway officfals held under and pur-
suant to the provisions of this Act.
"An Act to provide for the organization of road districts, the
election and duties of the officials therein, and in regard to roads
and bridges, in counties not under township organization, and to repeal
an Act and parts of Acts therein named," approved May 4, 1887 : Pro-
vided, however, that all officials now holding office under said Act shall
continue to exercise and enjoy their respective rights, powers, duties
and emoluments as therein provided until the first election of highway
officials held under and pursuant to the provisions of this Act.
"An Act in regard to roads and bridges in counties not under
township organization and to provide for the adoption of the same,"
approved May 10, 1901 : Provided, however, that all officials now hold-
ing office under said Act shall continue to exercise and enjoy their
respective rights, powers, duties and emoluments as therein provided
until the first election of highway officials held under and pursuant to
the provisions of this Act.
"An Act requiring the destruction of cockleburs, weeds or plants,'*
approved May 31, 1879.
"An Act to amend sections one (1) and two (2) of an Act entitled,
'An Act requiring the destruction of cockleburs, weeds or plants/ ap-
proved May 31, 1879, and by adding thereto sections three (3), four
(4) and five (5)," approved June 2, 1895.
"An Act to authorize the construction and maintenance of gravel^
rock, macadam or other hard roads," approved June 18, 1883.
"An Act to protect persons and property from danger from steam
engines on public highways," approved June 26, 1885.
"An Act to enable commissioners of highways to condemn lands
under the right of eminent domain for the purpose of procuring rock,
gravel or other material for building or repairing public roads,"
approved June 21, 1895.
"An Act authorizing the highway commissioners of any township
to construct sidewalks in unincorporated villages," approved June 21,
1895.
"An Act concerning travel upon public highways," approved June
21, 1895.
"An Act to regulate the construction of bridges and culverts,"
approved June 21, 1899.
"An Act to provide for appointment of a good roads commission
and to make an appropriation therefor," approved May 15, 1903.
"An Act entitled 'An Act to enable commissioners of highways in
66
counties not under township organization to straighten water courses
in the construction of public roads/ " approved May 16, 1905.
"An Act authorizing the commissioners of highways in any tow r n-
ship in counties under township organization and the commissioners of
highways or boards of county commissioners in counties not under
township organization,, to maintain earth roads with a drag and to
contract for the use of the same and provide penalty for injury to work
so done/' approved May 31, 1907.
"An Act making it the duty of counties under townhsip organiza-
tion and towns in counties under township organization to build, con-
struct and maintain approaches to bridges located on or near town
and county lines," approved June 4, 1907.
"An Act to protect turnpike and gravel or macadam roads and
to provide a penalty for its violation/' approved June 5, 1911.
"An Act to authorize counties changing from township organiza-
tion to county organization to assess a poll tax, road labor and road tax
at any meeting of county commissioners during the first year after such
change," approved May 28, 1879.
"An Act in regard to itinerant camping on public highways,"
approved April 21, 1899.
"An Act to establish a State Highway Commission defining the
duties thereof and to make an appropriation for experimental pur-
poses," approved May 18, 1905.
"Section 16 of an Act entitled, 'An Act to revise the law in relation
to township organization/ " approved March 4, 1874, and as amended
by an Act approved May 10, 1901.
"An Act to provide for the election of the commissioners of high-
ways in counties under township organization, and to legalize the
election and official acts of such as were elected in the years 1874 and
1875, and to fix the compensation of the treasurer o such commis-
sioners," approved April 15, 1875.
Article IX, sections 158, 159>160, 161, 162, 163, 164, 165, 166 and
167 repealed by Act filed June 29, 1917,
INDEBTEDNESS AUTHORITY TO BORROW MONEY AND
ISSUE BONDS.
AN ACT to authorise townships or road districts to borrow money, and
issue bonds therefor, with zvhich to pay all indebtedness hertofore
incurred by the highway commissioners of such townships or dis-
tricts in repairing or rebuilding roads or bridges within such town-
ships or districts and to provide for the payment of such bonds by
appropriate taxation.
SECTION 1. Be it enacted by the People of the State of Illinois,
represented in the General Assembly: That, in case the highway com-
missioners of any township or road district in the State of Illinois
have heretofore caused all money raised by general and special taxa-
67
tion for road purposes to be expended for such purposes, and in
addition thereto have borrowed money and expended the same for
building, repairing and maintaining the road and bridges in such
township or road district, and such indebtedness has not been paid
by such township or district, and no funds are lawfully available
to pay the same, then and in that case such township or road dis-
trict is hereby authorized and empowered to assume and pay such
indebtedness in the following manner: The highway commissioners
of such township or district shall call a special township or
district election to vote on the proposition, which shall be clearly
stated in the petition substantially as follows : "to borrow
dollars to pay indebtedness incurred by highway commissioners for
road purposes." Upon determining to call such election, the high-
way commissioners shall order the town or district clerk, by an
instrument in writing to be signed by them, to post up, in ten of
the most public places in said township or district, notices of such
special township or district meeting; which notices shall state the
object, time and place of meeting, the sum to be borrowed to pay
such indebtedness and the manner in which the voting is to be had,
which shall invariably be by ballot, and shall be "for borrowing
money to pay indebtedness incurred by highway commissioners for
road purposes," or "against borrowing money to pay indebtedness
incurred by highway commissioners for road purposes." The special
township or district election shall be held at the place of the last
township or district meeting .or election by giving at least ten days'
notice and the returns thereof made in the same manner as other special
township or district elections are now, or may hereafter be provided
by law; and if it shall appear that a majority of two-thirds of the
legal voters voting at said election shall be in favor of such proposition,
the said commissioners of highways and town or district clerk, as the
case may be, shall issue the bonds of said township or district for. the
purpose of assuming and paying such indebtedness in the manner
provided in section 2 of this Act.
2. The bonds to be issued in pursuance to section 1 of this
Act shall be of such denomination, bearing such rate of interest not
exceeding six per cent, upon such time, not exceeding twenty years
from the date of issuing said bonds, and shall be disposed of as the
necessity and convenience of said township or district officers
require, but no bonds shall be sold or disposed of for less than their
par value. A register of any bonds so issued shall be kept in the
office of the county clerk of the county in which said township or
district is located, showing the date, amount, rate of interest, ma-
turity and the purpose for which said bonds were issued, which in-
formation shall be furnished to the county clerk, in writing, by
the town or district clerk, and it shall be the duty of such county
clerk to extend annually, against the property in said township or
road district, a tax sufficient to pay the interest of said bonds in
each year prior to the maturity thereof, and thereafter he shall extend
the tax in each year sufficient to pay such bonds as they mature, to-
68
gether with interest thereon, and with the interest upon the unmatured
bonds outstanding.
3. The amount of indebtedness incurred by such township or
road district in issuing the bonds above provided for in sections
1 and 2 of this Act, including all existing indebtedness, if any, shall
not, in the aggregate, exceed five per cent on the value of the tax-
able property in such township or district, to be ascertained by the
last assessment for State and county taxes previous to the incurring
of such indebtedness.
APPROVED JUNE 25, 1915.
ROAD AND BRIDGE BONDS LEGALIZED.
AN ACT to legalise bonds of counties, or other municipalities, voted for
the purpose of aiding in the construction of roads and bridges.
SECTION 1. Be it enacted by the People of the State of Illinois,
represented in the General Assembly: That in all cases where the
people of any county, or other municipality, in this State have voted
in favor of issuing the bonds of such county, or other municipality,
for the purpose of aiding in the construction of roads and bridges in
such county, or other municipality, all such elections and proceedings
shall be, and the same are hereby, made legal and valid, and any bonds
which have been or may hereafter be issued in pursuance of such
elections and proceedings shall be, and the same are hereby, made the
legal, valid and binding obligations of sjich county, or other munici-
pality, notwithstanding any objection which, except for the passage of
this Act, could have been made to the legality of such bonds or such
bond elections, or such bond proceedings, or to the taxes levied or to be
levied and collected for the payment of the principal of, and the interest
on, such bonds, and any and all suits now pending in any of the courts
of this State, attacking the legality of any such bond?, or such bond
elections, or such bond proceedings, are hereby abated.
APPROVED JUNE 25, 1915. %
COUNTY BONDS FOR CONSTRUCTION OF ROADS AND' BRIDGES LEGALIZED.
1. Elections and proceedings providing for county road, and bridge bonds,
and any bonds issued thereunder made legal and valid power of county
board.
AN ACT to legalise and make valid any county bonds voted, or
attempted to be voted, for the purpose of raising money to be
appropriated and used in the construction of county highways,
or in aiding in the construction of roads and bridges in any part
of a county, or in the improvement in any manner of any pub-
lic highway or highways of a county, and to confer upon county
boards full power and authority to issue any such bonds.
SECTION 1. Be it enacted by the People of the State of Illinois,
represented in the General Assembly: That in all cases where, at any
election held in any county in this State, a proposition to issue county
bonds for the purpose of raising money to be appropriated and used in
the construction of county highways, or in aiding in the construction of
69
roads and bridges in any part of such county, or in the improvement in
any manner of any public highway or highways of such county, has
been submitted to the legal voters of such county, under any law, or
laws, purporting to authorize the issue of county bonds in any manner
or for any purpose, or under any power or duty, either discretionary
or mandatory, express or implied, and a majority of the voters voting
at such election on such proposition, have voted in favor of issuing
county bonds of such county for any such road improvement purpose
or purposes, all such elections and proceedings shall be, and the same
are hereby, made legal and valid and sufficient to authorize a county
board to issue any such bonds, and any bonds which have been or may
hereafter be issued in pursuance of any such elections and proceedings
shall be, and the same are hereby, made, whenever issued by the county
board of such county, the legal, valid and binding obligations of such
county, and full power and authority shall be, and the same is hereby,
given to and conferred upon the county board, of any such county, to
issue any such bonds, or to ratify and accept as binding obligations of
such county any such bonds that have been issued or authorized to be
issued by any proceedings of such county board ; notwithstanding any
objection which, except for the passage of this Act, could have been
made to the power, or the duty, of a county board to issue such bonds,
or to the legality of such bonds, or to such bond elections, or to such
bond proceedings, or to the taxes levied or to be levied and collected
for the payment of the principal of and the interest on such bonds.
APPROVED JANUARY 21, 1916.
TOWNSHIP ELECTIONS FOR BONDS LEGALIZED.
AN ACT to legalise elections held under and by virtue of section 61,
of an Act entitled, "An Act to revise the law in relation to roads
and bridges," approved June 27, 1913, in force July I, 1913, and
all Acts upon and proceedings taken by virtue of such elections.
SECTION 1. Be it enacted by the People of the State of Illinois,
represented in the General Assembly: That all elections held under
and by virtue of section 61 of an Act entitled, "An Act to revise
the law in relation to roads and bridges," approved June 27, 1913,
in force July 1, 1913, where any such elections in any town or
district were held and conducted at the place of the last annual town or
district meeting in any such town or district, are hereby made
and held to be legal, valid and binding, notwithstanding that
any such town or district had theretofore been divided into two
or more election precincts, and any bonds which have been or
may hereafter be issued in pursuance of such elections and pro-
ceedings shall be and same are hereby, made the legal, valid
and binding obligations of any such town or district, notwith-
standing any objection which, except for the passage of this Act,
could have been made to the legality of such bonds, < or such
elections, or such bond proceedings or to the taxes levied or to
be levied and collected for the payment of the principal of, and
the interest on, such bonds. [Amended by Act approved June
11, 1917.
70
TOWNSHIP AND ROAD DISTRICT BONDS LEGALIZED.
AN ACT to legalize bonds of townships or road directricts heretofore
voted for the purpose of paying indebtedness incurred by high-
way commissioners of such township or road districts in re-
pairing or rebuilding roads or bridges therein.
SECTION 1. Be it enacted by the People of the State of Illinois,
represented in the General Assembly: That in all cases where the
people of any township, or road district in this State have here-
tofore voted in favor of issuing the bonds of such township or
road district for the purpose of paying the indebtedness incurred
by the highway commissioners of such township or road district
in repairing or rebuilding roads or bridges within such township
or district, all such elections and proceedings shall be and the
same are hereby made legal and valid, and any bonds which
have been issued in pursuance of such elections and proceedings
shall be and the same are hereby made the legal, valid and bind-*
ing obligations of such townships or road districts notwith-
standing any objection which, except for jthe passage of this Act,
could have been made to the legality of such bonds or such bond
elections or such bond proceedings, or to the taxes levied or to
be levied and collected for the payment of the principal of and
the interest on such bonds. [Filed June 28, 1917.
RURAL POST ROADS.
AN ACT in relation to the construction and maintenance of rural post
roads under and in accordance with an Act of Congress entitled,
"An Act to provide that the United States shall aid the states in
the construction of rural post roads, and for other purposes"
approved July nth, 1916, and known as the Federal Aid Road
Act. \
SECTION 1. Be it enacted by the 'People of the State of Illinois,
represented in the General Assembly: That the General Assembly,
constituting the Legislature of the State of Illinois, hereby as-
sents to the provisions, terms, conditions and purposes of the Act
of Congress, approved July llth, 1916, (39 Stat, 1. 355), entitled,
"An Act to provide that the United States shall aid the states
in the construction of rural post roads, and for other purposes,"
known as the Federal Aid Road Act.
2. The good faith of the State is hereby pledged to make
available, funds sufficient to equal the sums apportioned to this
State by the United States for each of the five years in which
Federal funds are appropriated by the said Act of Congress, and
to maintain the roads constructed under the provisions of said
Act, and to make suitable and adequate provision for maintenance
of such roads.
3. The Department of Public Works and Buildings is hereby
authorized and instructed to enter into all agreements with the Secre-
tary of Agriculture relating to the selection, construction and main-
tenance of rural post roads under the provisions of the said Act of
71
Congress, to submit such scheme or project of selection, construction
and maintenance as may be required by the Secretary of Agriculture,
and to do all things necessary fully to carry out and make effective
the co-operation contemplated and provided for by said Act. All
such rural post roads shall be known as Federal Aid Roads.
4. All sums of money which may have accrued or may here-
after, before the 1st. day of July, A. D. 1919, accrue to the State of
Illinois, under the provisions of said Act of Congress, are hereby ap-
propriated to the Department of Public Works and Buildings to be
paid out only for the construction of Federal Aid Roads in accord-
ance with the provisions of said Act, and whenever any portion of
said money shall be received by the State Treasurer, it shall imme-
diately be placed to the credit of a fund to be known as the Federal
Aid Road Fund to be paid out only for the construction of Federal Aid
Roads in accordance with the provisions of said Act upon order or
certification of the Department of Public Works and Buildings.
5. There is hereby appropriated to the Department of Public
Works and Buildings the sum of six hundred and sixty-three thousand
dollars ($663,000.00) to be available July 1st, 1917, and the sum of
six hundred and sixty-three thousand dollars ($663,000.00) to be
available July 1st, 1918, to be known as the Federal Aid Road Fund,
for the purpose of meeting the apportionment which has been made
to the State of Illinois under the said Act of Congress, and to be
used only in construction of such roads as may be agreed upon by
the Department of Public Works and Buildings and the Secretary
of Agriculture, as provided in the said Act, and to be paid out upon
order or certification of the Department of Public Works and Build-
ings.
6. The Auditor of Public Accounts is hereby authorized and di-
rected to draw his warrant or warrants on the State Treasurer for the
sums hereby appropriated, payable only out of the 'road fund' upon
itemized bills, certified to by the Department of Public Works and
buildings and approved by the Department of Finance.
7. The Department of Public Works and Buildings is hereby
authorized and empowered to prepare, in accordance with the regu-
lations of the Secretary of Agriculture, the project statements, sketch
maps, surveys, plans, specifications, estimates, bid forms, contracts
and bonds to be used in connection with the construction of any
of the Federal Aid Roads in this State. Any contracts that may be
entered into for the construction of Federal Aid Roads shall be let
after due public advertisement to the lowest responsible bidder, or bid-
ders, upon terms and conditions to be fixed by said Department of
Public Works and Buildings, subject to the approval of the Depart-
ment of Finance, and said Department of Public Works and Build-
ings shall also require the successful bidder, or bidders, to furnish
good and sufficient bonds to insure proper and prompt completion
of such work in accordance with the provisions of said contracts.
8. The Department of Public Works and Buildings is hereby
given power and authority to construct any work provided for herein
72
and to purchase and supply any labor, tools, machinery, supplies
and materials needed for any such work. Such construction work
and labor provided for in this Act shall be done and performed in
accordance with the general laws of this State, and under the direct
supervision of the Department of Public Works and Buildings, sub-
ject to the inspection and approval of the Secretary of Agriculture
and in accordance with his rules and regulations. Partial payments
to an amount not exceeding ninety per centum of the work done
may be made as the work progresses.
9. Whenever the making of any part of said proposed improve-
ment, or the locating of a route or any part thereof, or the obtaining
of road building materials for the work provided for herein, will
require that private property be taken or damaged, said Department
of Public Works and Buildings, in its name, shall have the right to
purchase the necessary land from the owner thereof, or if com-
pensation therefor can not be agreed upon, to have such just compen-
sation ascertained and to acquire and pay for such property in
the same manner, as near as may be, as provided for in the Act of
this State entitled, "An Act to provide for the exercise of the right of
eminent' domain," approved April 10th, 1872, in force July 1st, 1872,
and the amendments thereto : Provided, however, that said Depart-
ment of Public Works and Buildings shall not be required, in any
case, to furnish bond.
10. The Department of Public Works 'and Buildings is hereby
authorized, empowered and directed to take whatever steps may be
necessary, after said roads have been, completed, to cause said roads to
be properly maintained in accordance with the requirements of said
Federal Aid Road Act.
11. No railroad, railway, telegraph, telephone, pipe line or any
other public utility company or person shall locate, place or con-
struct its track, rails, poles, wires, pipe lines or any "other equipment
in, upon or along any Federal Aid Road, without the consent of the
Department of Public Works and Buildings. Such consent may be
granted for any period not longer than twenty years upon petition
of the company or person desiring to use such road, upon such terms
and conditions, not inconsistent with this Act, as said Department of
Public Works and Buildings shall deem for the. best interests of the
public : Provided, that not such consent shall be granted except upon
the condition that such petitioner will pay to the owners of the prop-
erty abutting upon such Federal Aid Road all damages which such
owners may sustain by reason of the location, placing or construction
of any such track, rails, poles, wires, pipe lines, or other equipment
in, upon or along such Federal Aid Road, such damages to be ascer-
tained and paid in the manner provided by law for the exercise of
the right of eminent domain.
APPROVED JUNE 27, 1917.
73
STATE WIDE SYSTEM.
AN ACT in relation to the construction by the State of Illinois of a
State-wide system of durable hard-surfaced roads upon public
highways of the State and the provision of means for the pay-
ment of the cost thereof by an issue of bonds of the State of
Illinois.
SECTION 1. Be it enacted by the People of the State of Illinois,
represented in the General Assembly: That a State-wide system of
durable hard-surfaced roads be constructed by the State of Illi-
nois, as soon as practicable, upon public highways of the State
along the hereinafter described routes, as near as may be, and
that the State of Illinois (acting through its officers) be, and is
hereby, authorized and empowered to issue and sell, and provide
for the retirement of, bonds of the State of Illinois to the amount
of Sixty Million Dollars ($60,000,000.00) for the purpose of pro-
viding means for the payment of the cost of the construction of
said system of roads : Provided, however, that before this law,
which hereby authorizes such debt to be contracted and levies
the tax for the payment of the principal and interest of the bonds
to be issued as an evidence of such debt, shall go into full force
and effect it shall, at the general election in November, A. D.
1918, be submitted to the people and receive a majority of the
votes cast for members of the General Assembly as such election.
2. That the issuance, sale and retirement of said bonds and
the construction of said State-wide system of roads and all work
incidental thereto shall be under the general supervision and con-
trol of the Department of Public Works and Buildings, subject
to the approval of the Governor of this State; and said Depart-
ment of Public Works and Buildings in hereby authorized, empowered
and directed to take whatever steps may be necessary to cause said bonds
to be issued and sold and to cause said system of roads to be con-
structed at the earliest possible time, consistent with good busi-
ness management, after this Act becomes fully operative. Said
Department of Public Works and Buildings shall have power
to make and shall make all final decisions, affecting the work
provided for in this section, and all the rules and regulations it
may deem necessary for the proper management and conduct of
said work and for carrying out all of the provisions of this Act in
such manner as shall be to the best interest and advantage of
the people of this State. The Director of Public Works and
Buildings shall make it the special duty of the Superintendent of
Highways, acting under the direction, supervision and control
of said director, to see that such provisions are so carried out in
good faith. Said Department of Public Works and Buildings is
hereby given power and authority to purchase and supply any
labor, tools, machinery, supplies and materials needed for said
work. All contracts let for the construction of said work shall
be let to the lowest responsible bidder, or bidders, and all of said
State bonds shall be sold to the highest and best bidder, or
74
bidders, by said Department of Public Works and Buildings, on
such terms and conditions, and on open competitive bidding after
public advertisement in such manner and for such times, as may
be prescribed by said Department of Public Works and Build-
ings, subject to the approval of the Department of Finance. Suc-
cessful bidders for the construction of said work shall enter into
contracts furnished and prescribed by said Department of Public
Works and Buildings and shall give good and sufficient bonds to
insure the proper and prompt completion of said work in strict
accordance with the provisions of said contracts.
3. That for the purpose of carrying out the provisions of this
Act said sum of Sixty Million Dollars ($60,000,000.00) to be
derived from the sale of said bonds, be, and is hereby, appropriated
to said Department of Public Works and Buildings, such money to
be payable out of the State Bond Road Fund, hereinafter provided
for; that for the purpose of raising said sum so appropriated to
carry out the provisions of this Act, said bonds of the State of Illi--
nois to an Amount not exceeding said sum of Sixty Million Dollars
($60,000,000.00) shall be issued and sold as herein provided ; that
said bonds shall bear interest, payable annually, from the date of
their issue, at the rate of three and one-half per centum per annum,
unless financial conditions make a different rate advisable, in which
case said Department of Public Works and Buildings may, with
the Governor's approval, issue part or all of said bonds at any other
rate qf interest not exceeding four per centum per annum ; that
said bonds shall be serial bonds and be dated, issued and sold from,
time to time as said road building work progresses and in such
amounts as may be necessary to provide sufficient money to pay for
said work and the expenses incidental thereto; and that each one of
said bonds shall be made payable within twenty years from the
date of its issue. Each one of said" "bonds shall be in the denomina-
tion of $500.00, or some multiple thereof. Said 'bonds shall be
engraved and printed by sai4 Department of Public Works and
Buildings, un(jler the direction^ of the Governor, and be signed by
the Governor and attested by the Secretary of State under the seal
of the State and countersigned by the State Treasurer and by the
Auditor of Public Accounts. Interest coupons with lithographed
fac-simile signatures of such officers, may be attached to said
bonds. Said bonds may, at the request of owners, be registered
with the Auditor of Public Accounts. Said bonds shall be
deposited, until sold, with the State Treasurer; and when sold, the
proceeds of said bonds shall be paid into the State Treasury and be
kept in a separate fund which shall be known as the State Bond
Road Fund.
4. That all payments for work. done or obligations incurred
under the provisions of this Act shall be made by the State Treas-
urer out of said State Bond Road Fund (and said fund shall be used
only for the purposes mentioned in this Act) upon warrants drawn
by the Auditor of Public Accounts, based upon bills of particulars
and vouchers certified by the proper official of said Department of
75
Public Works and Buildings, having knowledge of the facts upon
which such vouchers are based, and audited and approved by the
Superintendent of Highways and the Director of Public Works and
Buildings, and approved by the Governor, acting through the De-
partment of Finance.
5. That said Department of Public Works and Buildings
shall, on or before the 1st day of February each year, make a full
report to the Governor of all business transacted by said depart-
ment in carrying out the provisions of this Act, during the year
ending on the preceding 31st day of December. The Governor may
cause the books and affairs of said department, relating to the
work provided for herein, to be audited in each year.
6. That each year, after this Act becomes fully operative, and
until all of said bonds shall have been retired, there shall be in-
cluded in and added to the tax levied for State purposes, a direct
annual tax for such amount as shall be necessary and sufficient to pay
the interest annually, as it shall accrue, on each and every bond is-
sued under the provisions of this Act, and also to pay and discharge
the principal of such bonds at par value, as such bonds respectively
fall due; and the respective amounts of such direct annual tax are
hereby appropriated for that specific purpose: Provided, however,
that moneys in the "Road Fund" created by and under the provisions
of the Motor Vehicle Law of this State, approved June 10, 1911,
and all Acts amendatory thereof, shall first be appropriated and used
for the purpose of paying- and discharging annually the principal
and interest on such bonded indebtedness then due and payable. The
required rate of such direct annual tax shall be fixed each year by the
officers charged by law with fixing the rate for State taxes on the
valuation of real and personal property in this State subject to tax-
ation, in accordance with the provisions of the statutes in such case:
Provided, however, that if money from other sources of revenue has
been appropriated and set apart for the same purpose for which said
direct annual tax is hereby levied and imposed, then said officers shall,
in fixing said rate of said direct annual tax, make proper allowance
and reduction for any such money so appropriated and set apart from
other sources of revenue. Said direct annual tax shall be, and it is
hereby, levied and imposed, as herein provided, and such direct annual
tax shall be assessed, levied and collected in the manner prescribed
by law in the case of general State taxes, and shall be paid into the
treasury of the 'State by the officers legally entrusted with the duty
of collecting and accounting for such general State taxes: Provided,
however, that no such direct annual tax shall be so levied for any
year in which a sufficient amount of money from other sources of
revenue has been appropriated and set apart to pay the interest, as
it shall accrue, on said bonds for that year and also to pay and
discharge the principal of any of said bonds falling due during such
year."
7. That said proposed state-wide system of roads shall be con-
structed in strict accordance with the plans, specifications, estimates
76
of cost and contracts of said Department of Public Works and Build-
ings. Said Department of Public Works and Buildings shall con-
struct upon and along said roads durable hard-surfaced roadways
which will in the judgment of said Department of Public Works and
Buildings and its chief highway engineer remain in good condition,
with low reasonable maintenance cost, until after all of said State
bonds have matured. Said hard-surfaced parts of said roads shall be
constructed of sufficient widths to meet the requirements of the
reasonably expected traffic thereon, such widths, except in extreme
cases, to be not less than ten feet nor more than eighteen feet. Pro-
vided, that where the contour of the surface permits and is practic-
able that in making fills, excavations and gradings for and in construc-
tion of such hard-surfaced roads, the surface of the earth alongside
shall be so left that vehicles may drive over same and such surface
shall be of such grade that vehicles can turn on or off such hard-
surfaced roads with safety and convenience. The old bridges which
form parts of the present roads, shall, wherever such bridges arfe
in proper condition, be used in said proposed system. Said Depart-
ment of Public Works and Buildings shall immediately after this Act
has been approved by the people and before entering into contracts for
the construction of said roads, cause to be made reconnaissance sur^
veys and maps, plans and specifications of said roads, together with
approximate estimates of the cost of constructing said roads.
J8. That said Department of Public Works and Buildings shall
i said roads into convenient sections for construction purposes,
and shall make all reasonable efforts to have the entire State-wide
system of roads completed within five years after the first construc-
tion contracts therefor are awarded. The construction work shall,
so far as practically possible, be commenced in the different sections
of the State at approximately the 'same time and >e carried on con-
tinuously until all work is completed..
9. That the general location of the routes upon and along which
said proposed roads are to be constructed shall be substantially as
described in this section, so as to connect, with each other, the dif-
ferent communities and the principal cities of the -State : Provided,
however, that said Department of Public Works and Buildings shall
have the right to make such minor changes in the location of said
routes as may become necessary in order to carry out the provisions
of this Act ; and, provided, also, that said Department of Public
Works and Buildings shall not improve hereunder, any road or part
thereof which lies within any incorporated city, town or village in
which the building of State aid roads may be prohibited by the Act of
this State entitled, "An Act to revise the law in relation to roads
and bridges," approved June 27, 1913, and the amendments thereto:
ROUTE No. 1.
Beginning in a public highway at the southern limits of the city
of Chicago and running along such highway in a general southerly
direction to Metropolis, affording Chicago, Chicago Heights, Watseka,
7?
Danville, Paris, Marshall, Robinson, Lawrenceville, Mt. Carmel, Al-
bion, Grayville, Carmi, Harrisburg, Vienna, Metropolis and the inter-
vening communities reasonable connections with each other.
ROUTE No. 2.
Beginning in a public highway near Beloit, Wisconsin, and run-
ning along such highway in a general southerly direction to Cairo,
affording Rockford, Oregon, Dixon, Mendota, Peru, LaSalle, El Paso,
Bloomington, Clinton, Decatur, Pana, Vandalia, Centralia, DuQuoin,
Carbondale, Anna, Cairo and the intervening communities reasonable
connections with each other.
ROUTE No. 3.
Beginning in a public highway at Morrison and running along
such highway in a general southerly direction to Chester, affording
Morrison, Prophetstown, Moline, Rock Island, Aledo, Monmouth, Ma-
comb, Rushville, Beardstown, Virginia, Ashland, Alexander, (run-
ning over Route No. 10 between Alexander and Jacksonville), Jack-
sonville, White Hall, Carrollton, Jerseyville, Alton, East St. Louis,
Waterloo, Chester and the intervening communities reasonable con-
nections with each other.
ROUTE No. 4.
Beginning at the intersection of 48th and Ogden Avenues in
the Town of Cicero, Cook County, and running in a general south-
westerly direction to East St. Louis, affording Chicago, Cicero, Ber-
wyn, Riverside, Lyons, Joliet, Dwight, Pontiac, Bloomington, Lin-
coln, Elkhart, Williamsville, Springfield, Carlinville, Edwardsville,
Granite City, East St. Louis and the intervening communities rea-
sonable connections with each other.
ROUTE No. 5.
Beginning in a public highway at the northwesterly limits of the
City of Chicago and running along such highway in a general north-
westerly direction to East Dubuque, affording Chicago, Elgin, Marengo,
Rockford, Freeport, Galena, East Dubuque ,and the intervening com-
munities reasonable connections with each other.
ROUTE No. 6.
Beginning in a public highway at the westerly limits of the city
of Chicago and running along such highway in a general westerly
direction to Fulton, affording Chicago, Wheaton, Geneva, Elburn,
DeKalb, Rochelle, Dixon, Sterling, Morrison, Fulton and the interven-
ing communities reasonable connections with each other.
ROUTE No. 7.
Beginning in a public highway at Joliet and running along such
highway in a westerly direction to East Moline, affording Joliet, Morris,
Ottawa, LaSalle, Peru, DePue, Princeton, Geneseo, East Moline and
the intervening communities reasonable connections with each other.
N
KOUTK No. 8.
Beginning in a public highway ;ii tin- Indiana Stale line cast of
Sheldnii and immini; almij; MI. h lni;h\\ay in a i;eneial westerly direr
tion to the Mississippi River opposn. I'.m im^ton, [owa, affording
Watseka, Chenoa, El Paso, Eureka, Peoria, Farmington, Khmvood,
Yates City, Galesburg, Monmotlth, and the intervening communities
reasonable eonneetions with each other.
ROUTE No. 1).
Beginning in a public highway at the Indiana State line east of
lloopeston, and running along such highway in a general westerly
direction to Route No. 24, on the east side of the Illinois River
between Pekin and East Peoria, thence over Route No. 24, to Peoria,
and thence in a westerly direction to Hamilton, affording Hoopcstnn,
Paxton, Bloomington, Carlock, Goodfield, Deer Creek, Morton, Peoria.
Canton, Prairie City, Bushnell, Macomb, Carthage, Hamilton, and the
ml. : \. ..mmmiilies reasnnahle eonneetions with each otlicr.
ROUTE No. 10, .
Beginning in a public highway at the Indiana state line east of
Danville and running along such highway in a general westerly direc-
tion to Jacksonville, affording Danville, Urbana, Champaign, Monti-
cello, Bement, Decatur, Springfield, Jacksonville and the intervening
communities reasonable connections with each other.
ROUTE No. 11.
lci;innini; in a pnldic highway at the Indiana state line east
of Marshall and running along such highway in a general south
westerly direction to East St. Louis, affording Marshall,
Greenup, Effingham, Vandalia, Greenville, Baden Baden, High-
land, East St. Louis and the intervening communities reasonable
connections with each other.
RO^TE No. 12.
Beginning in a public highway at the Indiana state line east
of Lawrenceville and running along such highway in a general
westerly direction to East St. Louis, affording Lawrenceville,
Olney, Flora,, Salem, Carlyle, Lebanon, East St. Louis and the
intervening communities reasonable connections with 'each other.
ROUTE No. 13.
Beginning in a public highway at Shawneetown and running
along such highway in a general westerly direction to Murphys-
boro, thence in a northwesterly direction to East St. Louis,
affording Shawneetown, Harrisburg, Marion, Carbondale, Mur-
physboro, Pinckneyyille, Sparta, Belleville, East St. Louis and the
intervening communities reasonable connections with each other.
ROUTE No. 14.
Beginning in a public highway at Carmi and running along such
highway in a general westerly direction to Duquoin, affording Carmi,
79
McLeansboro, Benton, Christopher, IXtquoin and the intervening com-
munities reasonable connections with each other.
ROUTE No, 15.
Beginning in a public highway at Albion and running along such
highway in a general westerly direction to Belleville, affording Albion,
Fairfield, Mt. Vernon, Ashley, Nashville, Okawville, Belleville and
the intervening communities reasonable connections with each other.
ROUTE No. 16.
Beginning in a public highway at Paris and running along such high-
way in a general southwesterly direction to Route 4, at or near Staun-
ton, affording Paris, Charleston, Mattoon, Shelbyville, Pana, Hillsboro,
Litchfield, Mount Olive, Staunton and the intervening communities
reasonable connections with each other.
ROUTE No. 17,
Beginning in a public highway at the Indiana state line east of
Grant Park and running along such highway in a general westerly
direction to Lacon, affording Grant Park, Momence, Kankakee,
Dwight, Streator, Eagle Church Corner*, Garfield, Wenona, Custer,
Varna, and Lacon and intervening communities reasonable connections
with each other.
ROUTE No. 18.
Beginning in a public highway at the western limits of the city of
Chicago and running along such highway in a southwesterly direction
to Princeton, affording Chicago, Aurora, Oswego, Yorkville, Piano,
Sandwich, Earlville, Mendota, Princeton and the intervening com-
munities reasonable connections with each other.
ROUTE No. 19.
Beginning in a public highway at the westerly limits of the city of
Chicago and running along such highway in a general northwesterly
direction to Harvard, affording Chicago, Barrington, Woodstock,
Harvard, and the intervening communities reasonable connections
with each other.
ROUTE No. 20.
Beginning in a public highway at the west limits of the city of
Waukegan at the end of Belvidere Street and running along such high-
way hi a general westerly direction to 'Woodstock, affording Wauke-
gan, Grays Lake, McHenry and Woodstock and intervening communi-
ties reasonable connections with each other.
ROUTE No. 21.
Beginning in a public highway at the northerly limits of the city
of Chicago and running along such highway in a general northwesterly
direction to the Wisconsin state line, affording Chicago, Libertyville,
Antioch and the intervening communities reasonable connections with
each other.
80
ROUTE No. 22.
Beginning in a public highway at the Indiana state line east of
Chicago Heights and running along such highway to Lake Forest,
affording Chicago Heights, Joliet, Aurora, Geneva, Elgin, Dundee,
Carpenterville, Harrington, Lake Forest and the intervening com-
munities reasonable connections with each other.
ROUTE No. 23.
Beginning in a public highway at the Wisconsin state line, north of
Harvard and running along such highway in a general southerly and
southwesterly direction to Streator, affording Harvard, Marengo,
Sycamore, DeKalb, Ottawa, Streator and the intervening communities
reasonable connections with each other.
ROUTE No. 24.
Beginning in a public highway at Peoria and running along such
highway in a general southerly and southeasterly direction to Pana,
affording Peoria, Pekin, Green Valley, Mason City, Greenview, Athens,
Springfield, Pana and the intervening communities reasonable connec-
tions with each other.
ROUTE No. 25.
Beginning in a public highway at Kankakee and running along
such highway in a general southerly direction to Fairfield, affording
Kankakee, Gilman, Paxton, Champaign, Tuscola, Mattoon, Effing-
ham^Toliver, Louisville, Flora, Fairfield and the intervening communi-
ties reasonable connections with each other.
ROUTE No. 26.
Beginning in a public highway at Freeport and running along such
highway in a general southerly direction to Dixon, affording Freeport,
Polo, Dixon and the intervening communities reasonable connections
with each other.
ROUTE No. 27.
Beginning in a public highway at Polo and running along such
highway in a general westerly direction to Savanna, affording Polo,
Mt. Carroll, Savanna and the intervening communities reasonable con-
nections with each other.
ROUTE No. 28.
Beginning in a public highway at Galesburg and running along
such highway in a general northeasterly direction to Sheffield, afford-
ing Galesburg, Kewanee, Sheffield and the intervening communities
reasonable connections with each other.
ROUTE No. 29.
Beginning in a public highway at Peoria and running in a northerly
direction to DePue, affording Peoria, Chillicothe, Henry, DePue and
the intervening communities reasonable connections with each other.
ROUTE No. 30.
Beginning in a public highway at Peoria and running in a north-
westerly direction to Galva, affording Peoria, Princeville, Wyoming,
81
Galva and the intervening communities reasonable connections with
each other.
ROUTE No. 31.
Beginning in a public highway at Canton and running in a south-
westerly direction to Quincy, affording Canton, Lewistown, Rushville,
Mt. Sterling, Quincy and the intervening communities reasonable con-
nections with each other.
ROUTE No. 32.
Beginning in a public highway at Windsor and running in a
northerly direction to Cerro Gordo, affording Windsor, Sullivan,
Lovington, Ulrich Station, Lake City, Cerro Gordo and the intervening
communities reasonable connections with each other.
ROUTE No. 33.
Beginning in a public highway at Efrmgham and running to Robin-
son, affording Effingham, Newton, Robinson and the intervening com-
munities reasonable connections with each other.
ROUTE No. 34.
Beginning in a public highway at Harrisburg and running through
Herod and thence along the most practictl route to the road leading
from Elizabethtown to Golconda with branches into Elizabethtown and
Golconda, giving Elizabethtown and Golconda connection with each
other and each of said towns connection with Harrisburg.
ROUTE No. 35.
Beginning in a public highway at Route No. 2 north of Cairo
and extending in an easterly direction to Mound City, affording
Mounds, Mound City and the intervening communities reasonable
connections with each other.
ROUTE No. 36.
Beginning in a public highway at Carthage and running in a
southerly and easterly direction to Jacksonville, affording Carthage,
Bowen, Ursa, Quincy, Payson, Barry, Pittsfield, Winchester, Jack-
sonville and the intervening communities reasonable connections with
each other.
ROUTE No. 37.
Beginning in a public highway at Mt. Vernon and extending in
a southerly direction to Marion, affording Mt. Vernon, Benton, Mar-
ion and the intervening communities reasonable connections with each
other.
ROUTE No. 38.
Beginning in a public highway at Jerseyville and running along
such highway in a westerly direction to a public highway on the east
side of the Illinois River opposite the City of Hardin and then be-
ginning at Hardin and running in a northerly direction to Kampsville,
affording Jerseyville, Hardin, Kampsville and the intervening com-
munities reasonable connections with each other.
ROUTE No. 39.
Beginning in a public highway at Champaign and running in a
northwesterly direction to Bloomington, affording Champaign, Ma-
homet, Mansfield, Farmer City, Leroy, Bloomington and the interven-
ing communities reasonable connections with each other.
ROUTE No. 40.
Beginning in a public highway on the north line of the city of
Sterling and running in a northwesterly direction to Milledgeville,
ihence to Chadwick, thence north to connect with Route No. 27, and
beginning at a highway on the north line of the city of Mt. Carroll
and running north to Stockton.
ROUTE No. 41.
Beginning in a public highway at Galesburg, and connecting with
Route No. 8 therein, and running thence in a southern direction to
Abingdon, thence in a southern direction to Avon, thence in a southern
direction, connecting with Route No. 9 at or near Prairie City, afford-
ing Galesburg, Abingdon, Avon, Prairie City and the intervening com-
munities reasonable connections with each other.
ROUTE No. 42.
Beginning in a public highway at the northern limits of the city
of Chicago and running along the Sheridan Road in a general north-
erly direction to the Wisconsin State line, affording Chicago, Wauke-
gan, Zion City and the intervening commuities reasonable connections
with each other.
ROUTE No. 43.
Beginning in a public highway at Havana and running in an
easterly direction to Route No. 24 .at Mason City, affording Havana,
Mason City and the intervening communities reasonable connections
with each other.
ROUTE No. 43A.
Beginning in a public highway at Petersburg and running easterly
to and connecting with Route No. 24.
ROUTE No. 44.
Beginning in a public highway at Joliet, and running to Kankakee,
Illinois, via Manhattan and Wilton Center so as to afford the inter-
vening communities reasonable connections with each other.
ROUTE No. 45.
Beginning in a public highway in Route No. 17, at a point at
Garfield and running due south to Dana.
ROUTE No. 46.
Beginning in a public highway at the eastern limits of Arling-
ton Heights, thence running in a southeasterly direction to Oaklawn,
affording Arlington Heights, Mount Prospect, Des Plaines, Franklin
Park, River Grove, Maywood, Broadview, LaGrange Park, LaGrange,
83
Lyons, Summit, Oaklawn, and the intervening communities reason-
able connections with each other.
If any available money from any source remains in the State
bond road fund after the above described roads are completed and
paid for, said Department of Public .Works and Buildings shall use
such money to construct other similar roads so as to extend said sys-
tem in such a way as to be of the greatest benefit, in the judgment
of said Department of Public Works and Buildings, to the people
of the State.
10. That wherever one of the above described roads runs
through or into a county over a paved road that has been constructed
by such county and the State, jointly, or by such county alone and
accepted by the State, then, in such case, said Department of Public
Works and Buildings shall, if such paved road is of proper durable
hard-surfaced type to make it practicable to do so, utilize such paved
road in said State-wide system of roads. If said Department of Public
Works and Buildings does utilize and make such a paved road of a
county a part of said State-wide system of roads, then, and in that
case, the actual cost of said paved road shall be determined, in the
manner hereinafter provided for, and an amount of money equivalent
to the share of such cost that was paid by such county, shall be set
apart and allotted by said department to such county to be used, at
the option of such county, either in the payment of any county bonds
issued by such county and used to improve, its State Aid Roads, or in
the improvement of any one or more of its improved or unimproved
State Aid Roads, by constructing thereon a durable hard-surfaced road,
under the direction and to the satisfaction of said Department of
Public Works and Buildings. In determining such cost of such a
paved road of a county, so utilized in said State-wide system of roads,
the Chief Highway Engineer shall make a careful examination of the
Department's State Aid Road records which show the actual cost of
all such State Aid Roads, and present to said Department of Public
Works and Buildings, in writing, a statement, approved by the Super-
intendent of Highways, showing the actual cost of such paved road of
such county ; and the amount of such cost paid by such county, as
shown by said statement, shall be the amount of money so to be al-
lotted to said county by said Department of Public Works and Build-
ings to be used by said County in the manner hereinabove provided
for."
11. That whenever the making of any part of said proposed
improvement, or the locating of a route or any part thereof, or the
obtaining of road building materials for the work provided for herein,
will require that private property be taken or damaged, said Depart-
ment of Public Works and Buildings, in its name, shall have the right
to purchase the necessary land from the owner thereof, or if compen-
sation therefor can not be agreed upon, to have such just compensa-
tion ascertained and to acquire and pay for said property in the same
manner, as near as may be, as provided for in the Act of this State
entitled, "An Act to provide for the exercise of the right of eminent
84
domain," approved April 10, 1872, and the amendments thereto: Pro-
vided, however, that said Department of Public Works and Buildings
shall not be required, in any case, to furnish bond.
12. That the public highways upon which said roads are being
constructed shall, during the construction period and continuously
thereafter, be under the jurisdiction and control of said Department
of Public Works and Buildings, but the duty of maintaining such
highways shall rest on the local authorities until said construction work
has been completed. No public utility company or person shall be
granted any right, privilege or franchise in, on or along any such high-
way without the consent of said Department of Public Works and
Buildings. After a road in said State-wide system has been completed
and taken over by said Department of Public Works and Buildings
said road shall thereafter be maintained by the State, under and in
accordance with the provisions of Section 32 of Article IV of the
Act of this State entitled, "An Act to revise the law in relation tq
roads and bridges," approved June 27, 1913, and the amendments
thereto.
13. That this Act, authorizing the State to contract the debt for
the purpose set forth herein and, as an evidence of such debt, to issue
bonds of the State of Illinois to the amount of sixty million dollars
($60,000,000.00) and levying a direct annual tax sufficient to pay the
interest annually on such bonds, as such interest shall accrue, and
also o pay and discharge the principal .of such bonds at par value,
as such bonds respectively fall due, but providing that such payments
may be made from other sources of revenue, shall be submitted to the
people of this State at the general election to be held on Tuesday
next after the first Monday of November, A. D. 1918; that said
Act shall be so submitted on a separate ballot, which shall be in
substantially the following form: w
85
(ROAD IMPROVEMENT BALLOT).
Shall an Act of the General Assembly of Illinois,
entitled, "An Act in relation to the construction by the
State of Illinois of a State-wide system of durable
hard-surfaced roads upon public highways of the
State and the provisions of means for the payment of
the cost thereof by an issue of bonds of the State of
Illinois," which, in substance, provides for construc-
tion by the State, acting through its Department of
Public Works and Buildings, subject to the Gover-
nor's approval, of a State-wide system of hard roads
on routes described ; for control and maintenance, and
for conditional compensation for roads already paved ;
gives such department full power to execute Act;
authorizes State to contract a debt for such purpose
and to issue $60,000,000.00 of serial bonds, bearing
interest annually at not to exceed 4% ; appropriates
said sum to said department ; levies a tax sufficient to
pay said interest annually, as it shall accrue, and to
pay off said bonds within 20 years from issuance, but
provides that such payments may be made from other
sources of revenue and requires moneys in the Motor
Vehicle Law "Road Fund" to be first used for such
payments and such direct tax to be omitted in any
year in which sufficient money from other sources
of revenue has been appropriated to meet such pay-
ments for such year; provides for publication and
for submission to the people ; makes the provisions for
payment of such interest and bonds irrepealable ; and
pledges faith of State to the making of such payments ;
go into full force and effect?
YES
NO
That this question shall be so submitted at said general elec-
tion, and said election on said question shall be held and returns
thereof be made, where not otherwise provided herein, at the same
time and in the same manner and by the same officials, as in the case
of the election of State officers and in accordance, as near as may
be, with the provisions of the general election laws of this
State ; that the Secretary of State is hereby authorized, em-
powered and directed to certify to the county clerk of each
county the form of said ballot and also to take every step
required by this Act and by the general election laws of this
State to be taken in such cases ; that the respective persons
whose duty it is, under the general election laws of this State, to
cause notices of election to be given and ballots to be printed, and
the elections to be held and the results thereof to be ascertained
and declared, are hereby authorized, empowered and directed to
86
take every step required by the statutes of this State to be taken
in such cases, so as to cause this question to be properly submitted
to the people of this State.
14. That the Secretary of State be, and he is hereby, author-
ized, empowered and directed to cause publication of this Act to be
made, once each week, for three months at least before the vote of
the people shall be taken .upon such Act; and that such publication
shall be made in at least two daily newspapers, one of which shall
be published in the city of Springfield and one in the city of
Chicago.
15. That the provisions in this Act for the payment of the
principal of said bonds at maturity and of the interest thereon
annually, as it shall accrue, by a direct annual tax which has been
levied herein for said purpose, or from other sources of revenue
appropriated for that purpose, shall be irrepealable until such debt
and interest be paid in full, and for the making of such payment
the faith of the State of Illinois is hereby pledged.
16. That the publication of this law in the above mentioned
newspapers and in the Session Laws of Illinois is hereby declared
to be due notice to the people of this State of the provisions of this
law and of its submission to them and that if this law receives at
said general election the required majority of votes, then the will of
the people so expressed or attempted to be so expressed shall not be
defeated nor set aside on account of the failure, negligence or care-
lessness of any officer, or person, in the performance of his duty,
but the law shall immediately go into full force and effect.
APPROVED JUNE 22, 1917.
REGISTRATION FEES FOR MOTOR VEHICLES SHOWING
RATES EFFECTIVE IN 1918-1919 AND 1920.
1918 1919 1920
10 H. P. and less .% . . . , $ 4 50 $ 4 50 $ 6 00
25 H. P. and more than 10. 6 00 6 00 8 00
35 H. P. and more than 25 900 900 1200
50 H. P. and more than 35 16 00 16 00 20 00
More than 50 H..P .U , 20 00 20 00 25 00
Motor bicycle .. 300 '300 400
Electric vehicles to and inc. 2 tons.. .-?.':. 10 00 10 00 12 00
Electric vehicles over 2 tons 20 00 20 00 25 00
MOTOR VEHICLESDISPOSITION OF REGISTRATION
FEES.
19. All moneys received by the Secretary of State as registra-
tion fees and for the examination and licensing of chauffeurs as pro-
vided in this Act shall be deposited in the State treasury and set
apart as a special fund to be known as the road fund. The road
fund shall, if and when the State of Illinois shall incur any bonded in-
debtedness for the construction of permanent highways, be set aside
and used for the purpose of paying and discharging annually the
8?
principal and interest on such bonded indebtedness then due and
payable and for no other purpose, and the surplus, if any, after the
payment of the principal and interest on such bonded indebtedness
then annually due, shall be used for the improvement of the highways
of the State in accordance with the provisions of Article IV of an
Act entitled, "An Act to revise the law in relation to roads and
bridges," approved June 27, 1913, in force July 1, 1913, and all Acts
amendatory thereof.
SCHNEPP & BARNES, STATE PRINTERS
SPRINGFIELD, ILL.
1917.
P420--10M
810591 ^
-<;/;
UNIVERSITY OF CALIFORNIA LIBRARY
