wharf or landing, whether such interest be a title in fee simple or as lessee or under contract of purchase or otherwise, and the board of county commissioners shall be unable to agree with the person, persons, firm or corporation claiming such interest or title as to the compensation to be paid for the taking of such strip of tide lands or other lands, then and in that case such board of county commissioners may by an order direct proceedings to procure a right-of-way over said tide lands or other lands to be brought in the superior court by the county attorney in the manner provided by law, for the taking of private property for public use, and to that end are hereby authorized to institute and maintain in the name of the county the proceedings provided by the laws of this state for the appropriation of lands and other property by counties for public use. (L. '03, p. 21, § 3; Rem.-Bal., § 8116.) 85. Private Wharf. Whenever any person shall be desirous of erecting any wharf at the terminus of any public highway, or at any accustomed landing place, he may apply to the county commissioners of the proper county, who, if they shall be satisfied that the public convenience requires said wharf, may authorize the same to be erected and kept for any length of time not exceeding twenty (20) years. And they shall annually prescribe the rates of wharfage and charges thereon, but there shall be no charge for the landing of passengers or their baggage. (2) No such authority shall be granted a person other than the owner of the land where the wharf is proposed to be erected, unless such owner shall neglect to apply for such authority; and whenever application shall be made for such authority by any person other than such owner, the board of county commissioners shall not grant the same unless proof shall be made that the applicant caused notice in writing of his intention to make such application, to be given by posting up at least three notices in public places in the neighborhood where the proposed wharf is to be erected and one notice at the county court house, twenty days prior to any regular session of the board of county commissioners at which application shall be made and by serving a copy of said notice in writing upon such owner of the land, if residing in the county, at least ten days before the session of the board of county commissioners at which the application is made. (3) When such application is heard, if the owner of such land applies for such authority and files his undertaking with one or more sureties to be approved by the county commissioners in a sum not less than one hundred dollars nor more than five hundred dollars, to be fixed by the county commissioners, conditoned that such person will erect said wharf within the time therein limited, to be fixed by the county commissioners, and maintain the same and keep said wharf according to law; and if default shall at any time be made in the condition of such undertaking damages not exceeding the penalty may be recovered by any person aggrieved before any court having competent jurisdiction, then said county commissioners shall authorize such owner of the land to erect and keep such wharf. (4) If such owner of the land does not apply as aforesaid the commissioners may authorize the same to be erected and kept by such applicant upon his entering into an undertaking as required of such owner of the land. (L. '93, p. 77, § 1; Rem.-Bal., § 8111.) 86. Guard Rails on Wharves. All wharves now standing, or hereafter to be built, in this state, shall be deemed insufficient, incomplete, and unfinished unless they have good and substantial banisters or railing on the sides thereof, or a strip of hewn timber at least eight by ten inches square, well secured all around said wharves within ten inches of the outer edge thereof, except at the ends. (Rem.-Bal., § 8113.) 87. Dikes Along Highway. In the construction of any diking system under the provisions of this act, where it is desired to construct the same along the right-ofway of any public road which has theretofore been legally established, said district shall have a right to construct its dikes along such road: Provided, That the dikes so constructed along such road shall not destroy or impair the same for the use of the public convenience as a public highway; and in case of the construction or improvement of any dike along any public highway, such dike shall be constructed of sufficient width and in such manner as will be conducive to the public as a public highway. (L. '95, p. 323, § 25; Rem.-Bal., § 4119.) Roads benefited by dikes, drains, etc., and dikes, drains, etc., benefited by roads. See ch. XV, §§241-248. 88. CHAPTER V. ROAD OFFICERS. Commissioners-General Powers and Duties. The several boards of county commissioners are authorized and required, (2) To lay out, discontinue, or alter county roads and highways within their respective counties, and do all other necessary acts relating thereto according to law, except within the limits of incorporated cities and towns, where, by the terms of the acts of incorporation, jurisdiction over the roads in the limits of said incorporations is vested in the corporate authorities thereof; (3) To license and fix the rates of ferriage; (4) To fix the amount of county taxes to be assessed according to the provisions of law, and cause the same to be collected as prescribed by law; (5) To allow all acounts legally chargeable against such county not otherwise provided for, and to audit the accounts of all officers having the care, management, collection, or disbursement of any money belonging to the county or appropriated to its benefit; (6) To have the care of the county property and the management of the county funds and business, and in the name of the county to prosecute and defend all actions for and against the county, and such other powers as are or may be conferred by law. (Rem.-Bal., § 3890.) See chapter I. Roads in townships. See chapter VIII. 89. County Commissioners to Have General Supervision. The boards of county commissioners of the several counties in the state shall have general supervision over the roads in their respective counties. They must cause to be opened and worked such roads as are necessary for public convenience, which have been laid out and established according to law; levy such taxes for road and bridge purposes as are by law provided for; order and direct road supervisors especially in regard to work to be done on particular roads in their districts; in their discretion cause to be erected and main * tained on such public roads as they may designate, guideposts, properly inscribed; in their discretion let out by contract to the lowest bidder, the construction or improvement of any road or bridge on the public roads, when the expense of such construction or improvement will exceed the sum of fifty dollars; remove any road supervisor for inefficiency or neglect of duty or malfeasance in office; order such warrants drawn on the county treasurer and payable out of the funds to the credit of any district as are necessary to pay for labor performed in said district under the direction of the road supervisor, except such work as may be performed by residents of the district in payment of road poll tax† or property road tax‡ as hereinafter provided. (L. '93, p. 149, § 3; Rem.-Bal., § 5575.) See chapter I. Amount of levy. See 88114-115. Townships may build and repair bridges in the townships. See $125. 90. Road Districts. The board of county commissioners shall, as often as they deem it necessary, but not oftener than once each divide their respecyear, tive counties or any part thereof into suitable and convenient road districts, not exceeding twenty-four in number, and cause a description thereof to be entered upon the county records: Provided, That the size and form of each road district shall be such as to permit personal oversight and management by one road supervisor. (L. '07, p. 679, § 1; Rem.-Bal., § 5576.) This section does not apply to counties having township organization. See $125. 91. Map of School and Road Districts. The county commissioners of each county shall furnish the assessor with a map of the county, showing the boundaries of each road and school district therein numbered. And the board of county commissioners, in fixing, changing or revising the boundaries of any ́road district or districts, shall, wherever practicable, make the boundaries of such district or districts conform to the boundaries of the school district nearest co-incident thereto, to the end that the several school and road districts in each county shall correspond in territory *See §120, wherein it is provided that the amount that may be expended without bids is $2,500 for roads and $500 for bridges. Poll tax repeal. See note to §133. Property tax to be paid in cash. See $118. one with the other: Provided, That any road district may include more than one school district. (L. '97, p. 160, § 52; Rem.-Bal., § 9107.) 92. Districts to Be Apportioned Among Commissioners. Each county commissioner shall be ex-officio road commissioner of the several road districts in his commissioner district, and shall see that all of the orders of the board of county commissioners pertaining to roads in his district are properly executed: Provided, When in any county the members of the board of county commissioners are not elected by districts, it shall be the duty of the board of county commissioners, by proper order to enter on its records, to divide such county into commissioners' districts to correspond with the number of members of such board, and to assign to each member of the board one of such districts, of which he shall be such road commissioner: Provided, That no member of the board of county commissioners shall receive any compensation for any service whatever, performed by him, or required of him by any of the provisions of this chapter other than his salary or per diem as county commissioner. (L. '93, p. 147, § 1; Rem.-Bal., § 5577.) 93. Supervisors Appointed. The board of county commissioners shall appoint from among the qualified electors in each road district, for such time as they may determine, with compensation not to exceed four dollars per diem for time and labor actually performed, a road supervisor who shall enter into a bond satisfactory to the commissioners: Providing, however, That when any road district has a good roads association, then such road overseer shall be appointed from a list furnished by such association. (L. '07, p. 680, § 2; Rem.-Bal., § 5578.) Road supervisors are not officers. 37 W. 428. In counties having township organization the roads are under the control of the electors. See $125. 94. Supervisors-Bond and Oath of Office. All road supervisors elected or appointed under the provisions of this chapter shall give their official bond in such sum as the board of county commissioners may fix, conditioned that they will faithfully perform all the duties required by law or the orders of the county commissioners, and that they will account for all money received by them in their official capacity, and they shall take the usual oath of |