178. Fraud on Keeper.

The rates of toll that the lessee may collect and receive shall be specified in the lease, and none other can be charged; and any person who shall pass through a gate upon such road without paying toll legally charged thereat, or when traveling on such road, shall go around such gate with intent to avoid the payment of such toll, shall be liable to the lessee for three times the amount of such toll; and any lessee of such road who shall by himself, his agent or servant, collect or receive of any person illegal toll for traveling on such road, shall be liable to such person for three times the amount of such toll. (L. 75, § 59, p. 66.)

179. When Toll Free.

A road leased, as provided in this chapter, is nevertheless to be deemed a highway; but no footman shall be required to pay toll for traveling on such road, nor shall any person, while traveling from one portion of his farm to another, with or without any stock or vehicle, or person in his employ, or in going to, or returning from church, a funeral or an election. (L. '99, § 60, p. 66.)

180. Lease May Be Modified.

The board of county commissioners has authority, upon the application of the lessee, to cancel or modify the lease, upon such terms as may be equitable and just, and the proper prosecuting attorney may maintain an action against the lessee, in the name of the county, to have such lease declared forfeited, whenever the lessee shall fail or neglect to comply with the provisions thereof, and of this chapter. (L. 79, § 61, p. 66.)

181. On What Tolls Chargeable.

Tolls are only chargeable by the lessee upon the following items, or classes of person or property: (1.) Sheep and hogs; (2.) Horses, mules, asses, or neat cattle, whether being used for draught, or led or driven loose; (3.) A person other than a footman and not traveling in a vehicle; (4.) A two-wheeled vehicle, loaded or unloaded: (5.) A four-wheeled vehicle, loaded or unloaded. (L. 79, § 62, p. 66.)

182. Rates of Tolls.

The rate of toll to be charged by lessee upon each item or class specified in the last section is as follows: (1.) The basis or unit of toll is the charge for a sheep or hog, to be known as a single toll; (2.) For any animal, described in subdivision two, of such section, four such tolls may be charged; (3.) For any person described in subdivision three, of such section, ten such tolls may be charged; (4.) For any vehicle described in subdivision four, of such section, twenty such tolls may be charged; (5.) For any vehicle described in subdivision five, of such section, forty such tolls may be charged. (L. '79, § 63, p. 67.)

183. Gates and Rates to Be Specified.

The order mentioned in this chapter, shall specify the number of gates to be placed on the road, the material for the construction thereof, and the period for which the same is to be let. The bid shall specify the unit or rate of toll upon a sheep or hog which the bidder is willing to accept for keeping the road; and such bid shall be deemed a bid for tolls, as to the other items or clauses mentioned in this chapter, in the proportion of such unit or rate. as specified. (L. '79, § 64, p. 67.)

184. Letting of Road.

Upon opening the bids, the lease shall be awarded to the lowest bidder, having due reference to the fact of which of them is best qualified for the undertaking. The board of county commissioners have the power and it is their duty to reject any or all bids, when there appears sufficient cause, and may subsequently re-offer and let the same. (L. 79, § 65, p. 67.)

LAW OF TRAVEL ON PUBLIC HIGHWAY.

185. Turn to Right.

Whenever any persons driving any vehicle shall meet on any public highway in this territory whether owned or kept by a cor

poration or private person, the persons so meeting shall seasonably turn their vehicles to the right of the center of the road, so as to permit each vehicle to pass without interfering with or interrupting the other. (L. '79, § 66, p. 67.)

186. Damages.

If any person shall willfully violate the provisions of this chapter, he shall forfeit and pay the sum of five dollars, for every such violation, to the party injured, to be recovered by a civil action, and such further damage in the same action as such party may directly sustain by reason of such violation. (L. 79, § 67, p. 67.)

187. Employer Liable.

That whenever any person driving a vehicle, who shall violate the provisions of this chapter, is at the time in the employ of another, such other person is liable for the penalty herein provided, the same as if he were the driver of such vehicle at the time of such violation; but an election to sue the driver or employer is a bar to an action against the other. (L. 79, § 68, p. 67.)

DESTRUCTION OF CANADA THISTLES.

188. Duty to Destroy.

It shall be the duty of every owner, possessor or occupier of land in this state to cut down or cause to be cut down all the Canada or Russian thistles growing thereon, so often in each and every year as shall be sufficient to prevent them going to seed.

189. Penalty.

If any owner, possessor or occupier of land shall knowingly suffer any such Canada or Russian thistles to grow thereon and sced to ripen he shall be guilty of a misdemeanor, and upon con

viction thereof be liable to a fine of not exceeding twenty dollars for each offense and cost of prosecution.

190. Duty of Road Supervisor.

It shall be the duty of each road supervisor in each road district in this state to see that the provisions of this act are carried out within their respective districts, and he shall give notice to the owner, possessor or occupier of any land within his district, whereon Canada or Russian thistles are growing requiring him to cause the same to be cut down within ten days from the service of such notice, and in case such owner, possessor or occupier shall refuse or neglect to cut down the said Canada or Russian thistles within the said ten days, then the said road supervisor shall enter upon the land and cause all of said thistles to be cut down with as little damage to growing crops as may be; and he shall not be liable for tresspass therefor: Provided, That when such Canada or Russian thistles are growing upon non-resident's land and the same is unoccupied it shall not be necessary to give such notice before proceeding to cut down Canada or Russian thistles: "And provided, That in the case of Canada or Russian thistles growing on the right-of-way of any railroad said notice required in this section shall be served upon the section foreman who has charge of that portion of the right-of-way where said Canada or Russian thistles may be growing."

191. Account and Payment of Expenses.

Each road supervisor shall keep an accurate account of the expenses incurred by him in carrying out the provisions of this act, with respect to each parcel of land entered upon therefor, and shall offer or send by mail a statement of such expenses, including a description of the premises, verified by oath, to the owner, possessor or occupier of such land, requiring him to pay the amount. In case such owner, possessor or occupier shall fail to pay the same within thirty days after such application said claim shall be presented to the board of county commissioners of the County in which said expenses were incurred, and the same, if found correct, shall be paid the same as other claims against the road district.

192. Expense Levied as Tax.

The board of county commissioners to which said claim is presented shall order the said claim to be a tax upon the premises described therein and the same shall be levied as a tax upon said premises and entered upon the tax rolls for the current year and collected together with penalty and interest as other taxes are collected, and when so collected paid into the road district fund in which the land is situated.

193. Law Applies to Cities and Towns.

This law is applicable to cities and towns and when applied to cities and towns the duties enumerated in this act devolving upon the road supervisor and county commissioners shall devolve upon the city or town council, and the taxes collected on premises situated in cities and towns shall be used for the use and benefit of the streets of the cities therein.

194. Thistles on Roads.

Each road supervisor of this state shall destroy all Canada. or Russian thistles and prevent the same from going to seed in the highways of his district, and shall be paid therefor in the samemanner as in doing other work upon public roads.

195. Supervisor to Enforce Law.

Any citizen may notify the road supervisor or county commissioners of the presence of Canadian thistles or Russian thistles who, upon receiving such notice, shall enforce the provisions of this act; and failure upon the part of the road supervisor to act after notice from the county commissioners within ten days of such notice shall subject him to a fine of not more than ten dollars for the first offense and not less than ten dollars or more than twenty dollars for each succeeding offense; and continued refusal or neglect shall subject him to removal from office.