time for final action on the subject, and may, if expedient, appoint other commissioners.

SEC. 25. [Costs.]-Should no damages be awarded the applicant therefor, the whole of the costs growing out of his application shall be paid by him.

SEC. 26. [Action of county board.]-At the next meeting of the county board, after the proceedings hereinbefore contemplated have been had, the said board may hear testimony, consider petitions for and remonstrances against the establishment, vacation, or alteration, as the case may be, if such remonstrance be filed within the time provided in section 19, and may establish, vacate, or alter, or refuse to do so, as in their judgment, founded on the testimony, the public good may require. Said board may increase or diminish the damages allowed by the appraisers, and may make such establishment, vacation, or alteration, conditioned upon the payment in whole or in part of the damages awarded, or expenses in relation thereto.

SEC. 27. [Same.]-In the latter case, a day shall be fixed for the performance of the condition, which must be before the next session of the board, and if the same is not performed by the day thus fixed, the board shall, at such session, make some final and unconditional order in the premises.

SEC. 28. [Action to be recorded.]-Any order made or action taken in the establishment of a road, shall be entered in the road record, distinguishing between those made or taken by the clerk and those by the county board.

SEC. 29. [Record of plat and field notes.]-After the road has been finally established, the plat and field notes must be recorded by the county clerk, and the road overseers of the district through which such road passes shall be directed by the clerk to have the same opened and worked; but when crops have been planted or sowed before the road is finally established, the opening thereof shall be delayed until the crop is harvested.

SEC. 30. [Vacation of old road.]-The establishment of a new road on the route of a road already established according to law, shall not vacate the road previously established, unless such vacation is prayed for in the petition, and so declared in the order establishing a new road.

SEC. 31. [Removal of fence.]--Whenever a public road is ordered to be established or altered, according to the provisions of this chapter, which road shall pass through or on inclosed land not planted or sowed with crops, the road overseer shall give the owner or occupant of such land sixty days notice in writing to remove his fences. If such owner or occupant does not remove his fence within sixty days after euch notice, the overseer shall cause the same to be removed, and the road opened and worked; and such owner shall forfeit the sum of one dollar for every day he shall permit his fence to remain after the expiration of said sixty days, and shall pay all necessary cost of removal, to be collected by said overseer before any justice of the peace having jurisdiction, for the use and benefit of the school fund.

SEC. 32. [Streets in villages.]—All public streets of villages not incorporated are a part of the public road; and all road overseers or persons having charge of the same, in the respective districts of such villages, shall work the same as provided by law.

SEC. 33. [Cities or incorporated village.]-Such portions of all roads as lie within the limits of any city or incorporated village, shall conform to the direction and grade, and be subject to all regulations of other streets in such city or village.

SEC. 34. [Lands of state institutions.-Roads or streets shall not be established or opened across the lands reserved by the state for its yarious insti'tutions lying adjacent thereto without the express consent of the legislature.

IN TWO OR MORE COUNTIES.

SEC. 35. [Roads along or across county line.]-The establishment, vacation, or alteration of a public road, either along or across a county line may

SEC. 26. The measure of damages is the fair market value of the land actually taken, while special benefits may be set off against incidental damages to the residue of the tract. 3 Neb. 242.

be effected by the concurrent action of the respective county boards in the mode hereinbefore prescribed. The commissioners appointed to locate the road in such cases must act in concert, and the road will not be deemed established, vacated, or altered in either county until it is so in both. All expenses incurred under the provisions of the preceding section, and all expenses in keeping public roads on county lines in repair, shall be paid equally by the counties interested.

SEC. 36. [Distinctions abolished-Concurrent action required.] Hereafter there shall be no distinction between roads heretofore known as state roads and county roads; both are alike subject to the provision of this chapter. Roads established by the concurrent action of the county boards of two or more counties can only be discontinued by the concurrent action of the county boards of the several counties in which the same may be situated, but such roads shall be treated in all other respects as provided in this chapter.

CONSENT ROADS.

SEC. 37. [How established.]-Public roads may be established without the appointment of a commissioner, provided the written consent of all the owners of the land to be used for that purpose be first filed in the county clerk's office; and if it is shown to the satisfaction of the county board that the proposed road is of sufficient public importance to be opened and worked by the public, they shall make an order establishing the same, from which time only shall it be regarded as a public road.

SEC. 38. [Same-Survey necessary.]-If a survey for the establishment of the road named in the preceding section is necessary, the board before ordering such survey, may require the parties asking for the establishment of such highway to pay, or secure the payment, of the expenses of such survey.

SEC. 39. [Damages-Appeals.]—Any applicant for damages claimed to be caused by the establishment of a road, may appeal from the final decision of the county board, to the district court of the county in which the land lies; but notice of such appeal must be served on the county clerk within twenty days after the decision is made. If the road has been established, on condition that the petitioners therefor pay the damages, such notice shall be served on the four persons first named in the petition for the highway, if there are that many who reside. in the county.

SEC. 40. [Same.]-An appeal may also be taken by the petitioner for the road as to the amount of damages, if the establishment of the road has been made conditional upon his paying the damages, by his serving notice of such appeal on the county clerk and applicant for damages within twenty days after the decision of the board, and filing a bond in the office of such clerk, with sureties to be approved by him, conditioned for the payment of all costs occasioned by such appeal, unless the appellant fails to recover a more favorable judgment in the district court than was allowed him by such board.

SEC. 41. [Transcript on appeal.]-In the cases contemplated in the two preceding sections, the clerk shall, within ten days after the notices aforesaid are served and filed in his office, make out and file in the office of the clerk of said court a transcript of the papers on file in his office, and the proceedings of the board in relation to such damages. The claimant for damages shall be plaintiff, and the petitioner for the road defendant, except the damages have been ordered paid out of the county treasury, in which case the county shall be defendant.

SEC. 42. [Proceedings on appeal.]-The amount of damages the claimant is entitled to shall be ascertained by said court in the same manner as in actions by ordinary proceedings, and the amount so ascertained shall be entered. of record, but no judgment shall be rendered therefor. The amount thus ascertained shall be certified by the clerk of the county board, who shall thereafter proceed as if such amount had been by them allowed the claimant as damages.

SEC. 43. [Costs.]-If the appeal has been taken by the claimant, the petititioner of the road or the county must pay the costs occasioned by the appeal; but the county shall pay only when the damages have been ordered to be paid out of the county treasury. If the petitioner for the road appeals, he must pay the costs, unless the claimant recovers a less amount than was allowed him by the board, in which case the costs shall be paid by the claimant. Judgment shall be rendered in accordance with the foregoing provisions.

[ROAD PLATS.]

SEC. 44. [Re-survey.]-When by the reason of the loss or destruction of the field notes of the original survey, or in cases of defective surveys or record, or in cases of such numerous alterations of any road since the original survey, that its location cannot be accurately defined by the papers on file in the proper office, the county board of the proper county may, if they deem it necessary, cause such road to be re-surveyed, platted and recorded as herein before provided.

SEC. 45. [Road plat-book.-If the same has not been heretofore done in any other manner, the county clerk shall, within six months after this act shall take effect, cause every road in his county, the legal existence of which is shown by the records and files in his office, to be platted in a book to be obtained and kept for that purpose, and known as the "road plat-book." Each township or precinct shall be platted separately, on a scale of not less than four inches to the mile; and such clerk shall have all changes in or additions to the roads legally established immediately entered upon said plat-book, with appropriate references to the files in which the papers relating to the same may be found.

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SEC. 46. [Section lines declared public roads.]-The section lines are hereby declared to be public roads in each county in this state, and the county board of such county may, whenever the public good requires it, open such roads without any preliminary survey, and cause them to be worked in the same manner as other public roads; Provided, That any damages claimed by reason of the opening of any such road shall be appraised and allowed, as nearly as practicable, in manner herein before provided.

[PRIVATE ROADS.]

SEC. 47. [Right of way, how opened.]—When the lands of any person shall be surrounded or enclosed, or be shut out and cut off from a public highway by the lands of any other person or persons, who refuse to allow such person a private road to pass to or from his or her said land, it shall be the duty of the county board on petition of any person whose land is so surrounded or shut out, to appoint three disinterested freeholders of the precinct, or township, in counties under township organization, in which the land lies, as commissioners to view and mark out a road from land of the petitioner to the nearest public highway, and assess the damages the person will sustain through whose land the road will pass.

SEC. 48. [Notice to land owners.]-The person desiring to secure the right of way shall give the person or persons through whose lands the road will run, at least two days notice of such intended application, by leaving or causing to be left, a written notice, at his usual place of abode; and satisfactory evidence that such notice has been given shall be presented to the board before commissioners shall be appointed.

SEC. 49. [Commissioners-Oath.]- The commissioners shall, before entering upon the discharge of their duties, take and subscribe an oath before some judge or justice of the peace, that they are not interested nor of kin to either of the parties interested in the proposed road, and that they will faithfully and impartially view and mark out said road to the greatest ease and convenience of the parties, and as little as may be to the injury of either, and assess the damages which will be sustained by the party through whose lands it will run.

SEC. 50. [Report of proceedings.]-Said commissioners shall make out

a report of their proceedings, stating particularly the course and distance of said road, and the amount of damages assessed, which report, together with a certificate of the oath, shall be returned to the county commissioners, and filed by the county clerk.

SEC. 51. [Same-When opened-Appeal.]-If the report be approved by the county board, and the petitioner shall produce satisfactory evidence that he has paid the damages assessed (or tendered payment, if the party refuse to receive it), and all costs attending the proceedings, the county board shall grant an order to said petitioner to open a road not exceeding fifteen feet in width; and if any person or persons obstruct said road, such person or persons shall be liable to all the penalties for obstructing a public road; Provided, however, If such road shall pass through any inclosure, and it shall be required by the owner thereof, the person applying for such road shall put up and keep at each entrance into such inclosure a good and substantial swinging gate; Provided, further, That either party may appeal from the decision of the county board in like manner as prescribed in case of public roads.

SEC. 52. [Right of way, an easement.]-Upon the establishment of the right of way, as in this chapter provided, the same shall vest and descend as an easement in the party and his or her heirs or assigns forever.

[GENERAL PROVISIONS.]

SEC. 53. [Road districts.-The county board shall divide the county, except that portion occupied by cities and incorporated villages, into as many road districts as may be necessary, and may alter the boundaries thereof as may seem proper; Provided, however, That in no case shall any road district be so constituted as to be within the limits of two distinct voting precincts, or townships in counties under township organization; and it shall be the duty of the county clerk, upon application, to furnish each supervisor with a particular description of the boundaries of his district.

SEC. 54. [Overseers to procure tools.]-The overseers of the respective districts are hereby authorized to procure, if they deem it necessary, a plow and one or more scrapers, for the use of the road district, the cost thereof to be paid out of the road fund of the district, and allowed in the settlement with the overseer.

SEC. 55. [Neglect of overseers-Penalty.]--If any overseer shall neglect or refuse to keep the roads of his district in good repair as the number of hands and the amount of road tax under his control would reasonably enable him to do, or otherwise neglect to perform any of the duties imposed upon him by this chapter, he shall be liable, on his official bond, to pay a fine of not less than five nor more than fifty dollars, to be recovered by civil action before any justice of the peace in the county at the suit of any citizen for the benefit of the school fund. SEC. 56. [Sudden damages.]-In case of any sudden damage or injury to any bridge, culvert, or road, the overseer may, on one days notice, call out any and all able-bodied men under fifty years of age in his district (but not more than two days at any one time without their consent), to effect all repairs immediately necessary thereon; and persons so called out shall be entitled to receive $1.50 per day from the fund in the hands of such overseer.

SEC. 57. [Failure to labor-Penalty.]-If any able-bodied man, when duly summoned as provided in the preceding section, fail to appear and labor diligently, by himself or his substitute, or send satisfactory excuse thereof, he shall be liable to a penalty of five dollars, to be recovered by civil action before any justice of the peace, at the suit of any citizen for the benefit of the school fund.

SEC. 58. [Roads and bridges in cities.]-The county board may, in their discretion, whenever there is sufficient money on hand in the county road fund, build or repair any bridge or bridges within the limits of any incorporated city or village in their county.

SEC. 55. No right of action against the overseer exists for injuries occasioned to a person or his property by reason of a defect in a public road or bridge. 5 Neb. 392. Nor is county liable. 10 Neb. 554.

SEC. 59. [Roads on county and town lines.]-Any public road that is or shall hereafter be laid out on a county or town line, shall be held to be a road on a county or township line, although, owing to the topography of the ground along said county or township 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 township line.

SEC. 60. [Persons meeting on road.]-Whenever any persons, traveling with any carriages, shall meet on any road in this state, the persons so meeting shall seasonably turn their carriages to the right of the center of the road, so as to permit each carriage to pass without interfering or interrupting, under the penalty of five dollars for every neglect or offense; Provided, This section shall not be construed to apply to any case, unless some injury to person or property shall occur by the driver of the carriage or wagon refusing to turn to the right of the beaten track; nor shall it be construed to extend 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.

SEC. 61. [Drunken drivers.]-No person owning any carriage, running or traveling upon any road in this state, for the conveyance of passengers, shall 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, after he shall have had notice and reasonable proof that such driver is addicted to drunkenness, he shall forfeit at the rate of five dollars per day for all the time during which he shall thereafter have kept any such driver in his employment.

SEC. 62. [Same-Discharge. If any driver, whilst actually employed in driving any such carriage, shall be guilty of intoxication 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 passengers, 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 three months 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.

SEC. 63. [Running horses-Penalty.]—No person driving any carriage upon any road within this 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; and no person riding any horse or mule shall run the same on any public road, except in cases 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 ten dollars, or imprisoned not exceeding sixty days, at the discretion of the court.

SEC. 64. [Horses to be hitched.]-It shall not be lawful for any person to leave a horse, mule, or team standing upon any public road, unless the same shall be securely hitched or guarded. Any person offending against the provisions of this section shall be liable to a penalty of $5.00 for each and every such offense.

SEC. 65. [Same.]—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 first making such horses 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, to be recovered by civil action at the suit of any citizen for the benefit of the school fund. SEC. 66. [Owners liable for damages-Violation of act-Penalty. The owners of every carriage running upon any road, for the conveyance of passengers, shall be liable, jointly and severally, to the party injured, in all