Year: 1867




may either confirm said reporter change the same,
or refer the same to new ogmmttce Of three dis
interested fteeholders, In case last named Of q
reterVnce, the new committee shall, upon actual
view of the premises, make their report ot new
apportionment, or they may recommend the con
irmation Of the former report, aud upon the re-
turn Of their report 20 the county auditor. the
proceedings shall be had as upon return Of the
FIRST report, except that there shall not again be
rc-reterence to another committee. The final
action Of the commissioners shall be entered upon
their records together with the ereport as confirmed
showing how the said estimated expense has been
apportioned upon the lands ordered to be assessed
as aforesaid, After the work shall have been
completed, the county anditor, before placing the
said assessment upon the duplicate, shall add to
or deduct from said estimate pro rata the amount
that the actual expense shalt be found 10 be more
or less than the said estimate. The said assess
ments on lands, under the provisions Of this net,
shall be placed upon a special duplicate, to be
provided by the county auditor, at the expense OF
the county for that purpose; provided that the
costs and expenses Of the preliminary survey,
proceedings and report of said Improvement, shall
be paid out Of the county treasury.


SEC. Z. That.for the purpose Of raising the
money necessary to meet the expense OF said
improvement, the commissioners Of the county
are hereby authorized to issue the bonds Of the
county, payable in installments, or at intervals
not exceeding in all the period Of five years, bear
ing interest at the rate not TO EXCEED seven per
cent per annum, payable seTni-annually, which
bonds shall not be sold for less than par value
and the said assessment shall be divided in such
manner as to meet the payment of principal and
interest of said bonds, and SO be placed upon
the duplicate for taxation against the lands as.
sessed, and collected in the same manner as other
axes, and when collected the money arising there
from shall be applied to no other purpose but the
payment of said bonds and interest; provided that
no bonds shall be delivered, paid to any con.
tractor, except upon estimate of work done as the
same progresses or is completed said road o,
improvement to be kept in repair as other state and
county roads are.


SEC. 6. The compensation of persons employed
under this act shall be fixed by the county com,
missioners and shall not exceed three dollars pei
| day provided that the surveyor or engineer ant
the county auditor shall receive such compensa
ton for their services as is now or may be 6xet
| by law for the compensation of the county snr
veyor aud county auditor respectively for likt
services in other cases. -
| SEC. .. That when any road be improved un
der and by virtue Of this act, begins Terminates
in city or incorporated village, the corporate
authorities Of said city or village may, upon tn,
recommendation OF the county commissioner Il
they deem the same oxpedient,) agree to pay ii
the bonds Of said city or village, in the manner
aud proportions described in the seventh section o
this act in addition to any amount that may be
assessed upon the real property of such village by
virtue Of the provisions Of this act, an amount no
exceeding one-fiith of the entire cost of said road
provided that the entire tax to be imposed for road
purposes by virtue Of this section shall not in any
enc year exceed five mills tile dollar Of the tax
able values of said city or village '9u


SEC. 10. That when it may be desirable or ex.
pedient to continue any road contemplated under
this act, into or through adjoining county, the
city council Of any city Of the first or second class
may, upon the application and recommendation o
the county commissioners Of such county i(if the
council shall deem the same promotive of the gen.
eral interests of said eity) aid in the construction
of said road to an extent not exceeding one-iitl
of its c0st the payment of the same to be provided
in the manner and proportions described in the
seventh section OF this act.


SEC. IL. The commissioners shall have power
to receive subscriptions and donations in money
or property, real or personal, which shall be ap
piled to the construction improvement of said
road and the said commissioners shall have thC
power to contract for and purchase such stone
gravel, or other material as may be necessary fol
the construction and keeping in repair said road
and if the commissioners aud the owners Of sucl
stone, gravel, or other material cannot agree ON
price demanded fair and reasonable, the commits.
soners may apply to the judge of the probate
court of the county to appoint appraisers to as
sess the value of said stone, gravel or other ma.
terial and on the filing of such application, it shall
be the duty of the probate Judge of the county tC
appoint three dsinterested freeholders, who, after
being duly sworn to impartiay assess the value
of said materials, or any part of the same, sha
enter upon the premises ofthe owner or owners o
said materials and assess the value thereof; they
shall also assess damages that will accrue to the
owner OF owners OF said material by the removing
of the same through his premises the appraisers
shall within ten days after their appointment, re-
turn their award to the probate court the Judge o.
the probate court shall in thirty days after the re
turn Of said award, on application of the commits
soners, furnish them n copy of said award there
| upon said commissioners may enter upon the lands
either inclosed or uninclosed, and remove sucl
| gravel, or other material as may be required t
make good road provided, an appeal has no
been taken from said award in thirty days, al
provided in this section provided further that an
appeal from the decision of the appraisers may be
allowed to the court of common pleas, if taken il
thirty days after the rendering of said award ant
| if the courtof common pleas should render udg
ment for not more than the appraisers allowance
the appellants shall pay all costs and damages.
SEC. IL. In all cases where petition has beei
| filed, aad any proceedings had for any improve
ment of any road, by virtue Of the provisions o
an act entitled an act to authorize the count
commissioners to construct roads on petition of
majority of resident land owners along and ada
cent to the line Of said road" passed April 5, A.
| 1866, or where any such proceedings are nov
pending in anV county, the said commissioner;
shall, at any regular or called session, appoin
three viewers to assess such damages as may ha "
been, or may be, sustained and claimed by anJ
person or persons, by reason of such contempt ateC
improvement, whereupon the like notice shall bt
given and like proceedings had as is provided fO
in the second and third sections of this act for thu
| assessment of damages.


| SEQ. Is. That the act entitled Gan act 10 author
the county commissioners to construct roads pet
ton of majority of resident land owners along ant
adjacent to the line Of said road" passed April
1866, be and the is hereby repealed; provided
that such repeal shall not affect impair any rish
acquired or any liability incurred under the Law
so repealed provided further. that the proceed
ings under this act and the said act passed Apri
! 5, 1866, herein repealed, shall not be held to b.
void on account of any informality or irrcguarit!
in the form of petition, or any informally appear
ing the record Of the proceedings of the county
commissioners, any other proceedings pertain
ing thereto and the collection of the taxes ant
sessments ordered for the payment of such improve
ment under this act herein repealed, shall not b
enoined, or held TO be void, on account Of any r
regularity or defect in such proceedings as afore
said. }r-...


SEC. IA. This act shall take effect upon it
| passage.


ED.lPARR0TT,


Speaker Of the HoHss Of Representatives
ANDREW @. MoBURNEY,
Presidsnt Of tie lSsHGts
| Passed March 20, 1867.


|