The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1895-03-20

a bt VIC udt WHt1 dIN
contract shall have been awarded TO any
contractor for the construction of said road
ence in employing labor for the Construction
of said road or roads to the citizens of the
township or townships. towns or cities in
which said road or roads are to be con-
structed: provided. however, that said pre-
ferred labor shall be as good and effective
as that which could be procured elsewhere
at no higher cost. And provided further,
that any taxpayer of the township or town
ships where said roads are who may render
any service or labor or may furnish any
material for the construction of said roads
may, If he shall SO elect, demand of the
of the amount of service or material fur
nished, and If any such certificate, shall be
issued the county treasurer shall receive
the same, and it shall act as a quietus
| against a similar amount of taxes against
e cee PToPer'y shall al s hs dsdSlstss fr ana t aa s eon1
tract price for the said construction of the
said road or roads by said contractor.
Sec. D. Be 1t further enacted that Sec
ton 7 of the above entitled act be amended
to read as follows: Section T.. All roads
built under this act shall be free of toll
and shall be kept in repair the same as
other free gravel roads constructed under
the other laws Of the State are repaired;
s of the above entitled act be amended TO
read as follows: Section s. After the pay
road or roads should there be any surplus
collected or due on delinquent taxes for
of said township and be by him kept and
used as a fund for the maintenance of the
roads of his township.
Sec. Z. Be 1t further enacted that Section
10 of the above entitled act be amended to
read as follows: Section 10. The board of
county commissioners shall have power to
permit amendments to be made to the petit
ton of the said fifty freeholders or report
of viewers, and to extend the time to the
viewers to make their report ana 10 con-
tinue the hearing from time TO time so as
to subserve the ends of justice.
1t shall be the duty of the board of coun-
ty commissioners to appoint a competent
superintendent, to be governed by sucn
txIn on1 fnnC a ( the CGt0nGrS
may impose, to supervise the construction
of such road or roads. He shall be a resi-
dent of one of the townships IN which the
roads are located. and his compensation
shall not exceed $3.50 per day for the time
actually employed, and he shall render an
account of his time to the commissioners
quarterly at the regular term of their court
subscribed by oath: o He shall give bond 9oI d, in
charge of his duties.
FREE GRAVEL ROAD REPAIRS.
Enrolled act No. 1856, Fl. b., amends sec
tons 5lO4 and 5lo6. R. g., of 1881. which act
| has been amended a number of times. The
Legislature of 1893 passed certain amend
ments to it. These sections are now made to
read as follows, with an emergency clause,
the subject matter of the bill being the re-
pair of free gravel roads, and the making of
the board of county commissioners a board
of directors of such roads:
Sec. l. That by virtue of their Office the
commissioners OF each county in this State
l L liCItOy a "a - "a s'hNs
directors, under whose management and
control all free turnpikes in such. county are
hereby exclusively vested. 1t shall be the
| duty of such board of directors at their
first meeting after the taking effect of this
county into three systems, and as near as
possible to cover the same number or miles
in each system. Said systems shall, as Tar
as practicable, include entire roads, put
where this cannot be done, roads may be
divided and part included in one system and
part in another. Said commissioners shall
by lot assign one of their number to each
of said districts. And such commissioners
| shall have charge of the district or system
SO assigned to him. He shall have author
ity to employ for such system a superin-
tendent, who shall be a real-estate owner.
signed to said commissioner, and who
shall have charge OF the repairs
necessary labor and the purchasing of ma
terial to keep said system in repair. 1t
the labor employed and see that faithful
work is done and time put in by such la
employment of labor for such repairs, when
| the same is equal in character and price to
that to be had elsewhere, to the real estate
owners and laborers along the line or such
free roads. Said superintendent shall re-
ceive as compensation for such services the
sum of 81 per day out OF the gravel road
repair fund for each day actually employed
in directing and experimenting the repairs
on such free highway. He shall give bond
in such sum as said commissioners shall
determine for the faithful performance of
his duties as such superintendent, for the
honest employment of labor and making OF
Contracts for materials. Such superintend-
ent shall keep a strict account OF an lanor
EMPLOYED and all materials purchased, with
the names of the parties employed and per-
sons from whom said materials are pur-
| chased, together with the price thereof,
and shall make a semi-annual report there
of to the board of commissioners. said re-
each year, which report shall be recorded
in a book to be kept by said board FOR that
special purpose, which shall be open for
examination to all persons interested, on all
proper occasions. Said superintendent shall
give written orders or certificates of the
amount due any laborer, employe or person,
which order shall be presented by the par
| ties entitled to receive payment thereof to
the board of commissioners, and the same
shall be audited by them and paid out of
the gravel road repair fund as other claims
are ordered paid by said board. provided:
| That when, in the opinion of the board, the
interest of any free turnpike requires they
may enter upon any lands in said county
sary for the repair of such turnpike, and
shall give a certificate to such owner or
owners of such material SO taken, which
shall state the value thereof, together with
the amount of damages to such lands by
reason of the removal of such material,
and the county auditor, upon the presenta-
ton of said certificates, shall issue an order
upon the county treasurer for the amount
so certified, who shall pay the same out of
the turnpike fund; provided. further, that
in case said owner or owners are not salts,
fed with the value so certified by said
board. he or they shall have the right to
appeal to the Circuit Court of said county,
now in force relating to the condemnation
of material for road purposes.
Provided, further. that a notice of such
appeal shall be filed in the Circuit Court of
said county within ten days after the de-
livery of said certificate.
PURCHASE OF TOLL ROADS.
The following is the new law, containing
an emergency clause, which relates to the
purchase of toll roads:
Section /. Be it enacted by the General
Assembly of the State of Indiana, That the
board of commissioners of any county in
this State, when petitioned so to do by one
hundred freeholders of the county, may pur-
chase any or all toll roads in said county
and pay for the same as hereinafter pro-
vided.
Sec. 2. Upon the fling of such petition
said board shall make al order directing
that the road or roads nanned in such petit
ton shall be appraised, for that pur-
pose shall appoint one iser. and re-
quest the Judge of the CHI Court of said
county to appoint another. the company
or corporation owning said lad or roads a
third, whose duty Ii shall be to appraise
such road or roads as hereinafter provided
and report such appraisement to said board
of commissioners Provided. however. that
where such petition asks for the purchase
of more than one road, the company or COR
p~oration owning each road shall have the
RIGHT to select one anDraiser who with