amount due, such summons to be made returnable, and such proceedings to be had and taken thereon as in other cases. And in case judgment shall be given against such owner, the justice of the peace shall assess, in addition to the amount due for the building of said bridge, the sum of ten dollars as damages, arising from the delay of such owner; said judgment to be collected as in other cases, and to be a fund in the hand of the supervisor of roads for such district for the repairs of roads therein, except the ten dollars damages, which shall go to the supervisor to pay him for his trouble and expense in collecting the cost of said bridge. (L. '90, p. 711, §21; B. C., §4120; P. C., §5835.)

See Art. XI., §15, p. 6.

54. County Commissioners to Accept Rights-of-Way.

The boards of county commissioners in their respective counties in this state are hereby authorized and empowered to accept the grant of rights-of-way for construction of highways over public lands of the United States, not reserved for public uses, contained in section 2477 of the Revised Statutes of the United States, and said rights-of-way shall not be less than thirty feet in width nor more than sixty feet in width as said boards of county commissioners shall determine and such acceptance shall be by resolution of such county commissioners spread upon the records of their proceedings: Provided, That nothing herein contained shall be construed to invalidate the acceptance of such grant by general public use and enjoyment, heretofore or hereafter had. (L. '03, p. 155, §1; P. C., §7913.)

Width of roads, see §§3, 4, 5 and 6.

State may grant-§56.

55. Former Actions Ratified.

The action heretofore of boards of county commissioners in their respective counties purporting to accept the grant of such rights-of-way for the construction of highways, is hereby approved, ratified and confirmed and all such highways shall be deemed duly laid out county roads and such boards of county commissioners may at any time by recorded resolution cause any

of such highways to be opened and improved for public travel. (L. '03, p. 156, §2; P. C., §7913a.)

56. Right-of-Way Over State Lands.

Rights-of-way may be granted by the board of state land commissioners over public lands to any county or city desiring to construct a public road across the same: Provided, That a duly attested and sworn copy of the official plat, made by the official county or city surveyor or engineer, shall first be filed with the board, together with a petition from the county or city officials setting forth reason for the same, and the aforesaid plat, when approved by said board of appraisers, shall be and form the official plat of said road, and the said plat shall show the amount of land taken up by the proposed road, and shall show the remainder of land in each portion of each legal subdivision bisected by said proposed road, and said plat shall be retained in the office of the commissioner of public lands: Provided further, That all timber on said right-of-way shall be appraised and paid for in cash by the said county or city. (L. '97, p. 247, §35; B. C., §2165; P. C., §8195.)

Right-of-way may be condemned-§16.

57. Quarries.

CHAPTER II.

PURCHASE OF ROAD MATERIAL.

The board of county commissioners of any county of this state may, out of the general road and bridge fund or district road fund, acquire, by gift, purchase or condemnation, quarries of suitable road building material and land containing deposits of suitable road building gravel. (L. '07, p. 24, §1.)

58. Rock Crusher.

Said board of county commissioners are also authorized to purchase and operate, out of the general road and bridge fund, or district road fund, rock-crushing appliances and machinery,

and all crushed rock and gravel not directly used or needed by such county in the construction, alteration, repair or maintenance of county roads may be sold at actual cost of production by said county commissioners to any person, firm or corporation, to be only used, however, in the construction, altertaion, repair or maintenance of county roads, or used in the construction, alteration, repair or maintenance of any street or streets of any city or town in said county which directly connect with any county road. Provided, however, that the board of county commissioners of any county may sell and dispose of any surplus crushed rock or gravel at actual cost of production to any city or town of such county, to be used in the construction or improvement of any street, parkway, boulevard or public place of such city or town. (L. '07, p. 24, §2.)

59. Funds to Be Re-imbursed.

All proceeds of sale of crushed rock or gravel shall be paid into the general road and bridge fund or district road fund depending upon whether such quarries or gravel beds have been acquired and operated out of said respective funds. (L. '07, p. 24, §3.)

CHAPTER III.

STATE AID ROADS.

60.

Petition for.

The board of county commissioners in any county of the state may, and upon the presentation of a petition as provided in section two hereof, must pass a resolution that public interest demands the improvement of any public highway, or section thereof, situated within such county, and described in such resolution, but such description shall not include any portion of a highway within the boundaries of any city or incorporated town, and within ten days after the passage of such resolution, shall transmit a certified copy thereof to the state highway board. L. '07, p. 298, §1.)

61. Requisites of Petition.

The owners of two-thirds of the lineal feet fronting on any such public highway or section thereof in any county of the state may present to the board of county commissioners of such county a petition setting forth that the petitioners are such owners and that they desire that such highway or section thereof be improved under the provisions of this act. (L. '07, p. 298, §2.)

62. Highway Board to Investigate.

Such state highway board upon receipt of such resolution shall investigate and determine whether the highway or section thereof sought to be improved is of sufficient public importance to come within the purposes of this act, taking into consideration the use, location and value of such highway or section thereof for the purpose of common traffic and travel, and after such investigation shall certify their approval or disapproval of such resolution. If they shall disapprove such resolution, they shall certify their reason therefor to such board of county commissioners. (L. '07, p. 299, §3.)

63. Maps of Road.

If they shall approve such resolution, the state highway commissioner shall cause the highway or section thereof therein described to be surveyed and mapped both in outline and profile. When in the judgment of the state highway board the public interest will be subserved, they may employ the county surveyor or engineer of the county in which such highway or section is located, to make the necessary surveys and superintend the construction of such highway or section thereof. The state highway commissioner shall indicate how much of such highway or section thereof may be improved by deviation from the existing lines whenever it shall be deemed of advantage to obtain a shorter or more direct road without lessening its usefulness, or wherever such deviation is of advantage by reason of lessened gradients. He shall also cause plans and specifications and an estimate of the cost of construction of said highway or section thereof to be thus improved to be made for telford, macadam

or gravel roadway or other suitable construction, taking into consideration climate, soil and materials to be had in the vicinity thereof and the extent and nature of the traffic likely to be upon such highway, specifying in his judgment the kind of road a wise economy demands. The improved or permanent roadway of all highways so improved shall not be less than eight feet nor more than sixteen feet in width with shoulders of not less than two feet nor more than four feet in width, unless for special reasons to be stated by such highway commissioner it is required that it shall be of greater width. (L. '07, p. 299, $4.)

64. Copy of Maps to Be Filed With County.

Upon the completion and approval by the state highway board of such maps, plans, specifications and estimate such highway commissioner shall transmit to the board of county commissioners of such county a certified copy of the same and the certificate of the state highway board of the aproval of the highway or section thereof so designated as aforesaid. (L. '07, p. 300, §5.)

65. Approval of Plans by County.

After the receipt thereof, upon a majority vote of such board of county commissioners, it may adopt a resolution that such maps, plans, specifications and estimate are by them approved and that such highway or section thereof so approved shall be constructed under the provisions of this act, and directing the raising of the county's share of the expense, and thereupon shall transmit a certified copy of such resolution to the state highway board, and the state highway commissioner is hereby authorized, empowered and directed to proceed with the construction of said highway in the order provided in section eleven [70]. When a board of county commissioners has once adopted the resolution approving the plans and specifications of the state highway commissioner and directing the raising of the county's share of the expense, no resolution thereafter adopted by such board shall have the effect of rescinding or annulling such prior resolution. In case of any highway which lies upon the line