121. Taxes extended shall designate districts. § 121. In all counties acting under township organization, the county clerk, in extending district road tax upon the tax books, shall designate to what district said tax belongs. 122. County and township collectors furnish abstract of road tax. $122. It shall be the duty of county and township collectors to make out an abstract of the amount of district road tax due to each district of the respective townships, and deliver the same to the treasurer of the commissioners of highways. 123. Treasurer to pay to overseer taxes according to abstracts.] § 123. The treasurer of the commissioners of highways shall pay over the district road tax according to the abstracts as furnished above, upon the written orders of the various overseers of roads for work done in their respective districts, when said orders are approved in writing by a majority of said commissioners. (1) 124. Repeal-Saving clause.] 8 124. That an act entitled "An act in regard to roads and bridges in counties under town Form of Notice for Voting at Town Meeting on Larger Tax for Highway Purposes. HIGHWAY TAX NOTICE. Notice is hereby given that a larger amount of money will be required for the purpose of constructing [or repairing, or as the case may be,] roads, [or bridges, or as the case may be,] in the town of than can be realized from the real, personal and railroad property tax authorized by law to be assessed by the commissioners of highways. And that the question of authorizing an additional tax for the purposes aforesaid will be submitted to the legal voters of said town at the next annual town meeting. Dated this day of 18-. R. L., E. S., H. P., Commissioners of Highways. Or which notice may be signed by three legal voters. In case an additional highway tax is voted at town meeting, the town clerk should make a certificate thereof as in other cases of taxes voted, which it is proper he should deliver to the commissioners of highways, whose duty it is to deliver the same to the supervisor. (1) Form of Overseer's Order on Highway Treasurer. sum Town of The treasurer of commissioners of highways of said town of will pay to A. B., overseer of said road district No. the of dollars and cents, being the amount of district road tax in the hands of said treasurer, belonging to said road district, assessed for the year 18 Approved by a majority of the commissioners of highways of said town. C. D., Commissioners E. F., of Highways. L. M., Overseer of Highways. ship organization," approved May 28, 1879, in force July 1, 1879, and all other acts or parts of acts inconsistent herewith, be and the same are hereby repealed: Provided, that the repeal of said act shall not affect any suit or proceedings pending, or impair any right existing at the time this act shall take effect: And, provided, also, that the overseers of highways in office when this act takes effect, shall continue in office until the expiration of their terms, and the road tax and road labor then due shall not be released from its obligations, and the delinquent list shall be duly returned and collected as now provided, the avails of which shall be paid to the treasurer of the commissioners.(1) SECTION. DESTRUCTION OF NOXIOUS WEEDS. 125. Cockle-burr weeds, etc., to be destroyed. AN ACT requiring the destruction of the cockle-burr weed, or plant. [Approved May 31, 1879° 125. Cockle-burr weeds, etc., to be destroyed.] § 1. The commissioners of highways in their respective towns, shall be required to destroy or cause to be destroyed, all cockle-burr weeds or plants, before coming to maturity, that may be or grow in the highways of such town. 126. Penalty for failing to comply, etc.] 2. The commissioners of highways, failing to comply with the provisions and requirements of section one of this act, shall be liable to a fine, of not less than five dollars nor more than twenty-five dollars for such offense, to be recovered in any proper form of action, before any justice of the peace in the county where such offense was committed, such fine when collected, to be paid to the treasurer of the highway commissioners in the town where the offense was committed, to be used as road money in such town.(2) (1) It will be noticed that there are two repealing clauses in this act, viz. Sec. 79 and Sec 124. That portion of the act relating to the labor system is not to have any force except upon a vote had as therein provided, and it may be suppose 1 that the legislature deemed it best to add a repealing clause to the latter portion of the act. These two repealing clauses will, however, be construed together, as constituting but one repeal of prior laws in force at the time of the adoption of the present act. (2) The above section makes no provision as to who shall be named as plaintiff in an action to recover the penalty therein prescribed. It has been held, and it would seem to be the same in this case, that when a statute does not in terms declare in whose name a suit shall be conducted for the recovery of a penalty for its violation, but declares that the offender may be indicted or sued before a justice of the peace, as all indictments run in the name of the People, it follows that the suit for penalty must also be in the name of the People. So that it would seem to be proper that in suits to recover the penalty prescribed in 126 above, that "The People of the State of Illinois" should be named as plaintiffs. The People v. Young, 72 Ill. R. 411. SECTION. PLAT OF HIGHWAYS TO BE RECORDED. [127.] Plat of highways, etc., to be made and recorded. [127.] Plat of highways, etc., to be made and recorded.] Rev. Stat. ch.109. §9. Whenever any highway, road, street, alley, public ground, toll road, railroad or canal is laid out, located, opened, widened or extended, or the location thereof altered, it shall be the duty of the commissioners, authorities, officers, persons or corporations, public or private, laying out, locating, opening, widening, extending or altering the same, to cause a plat thereof showing the width, courses and extent thereof, and making such reference to known and established corners or monuments that the location thereof may be ascertained to be made and recorded in the office of the recorder of the county in which the premises taken or used for the same or any part thereof are situated, within six months after such highway, road, street, alley, public ground, toll road, railroad or canal, is laid out, located, opened, widened or extended, or the location thereof altered; and when any highway, road, street, alley, public ground, toll road, railroad or canal is vacated, the order, ordinance or other declaration vacating the same shall be in like manner recorded. This act shall not be construed to alter or affect any law specifically providing for the recording of any such plat, or to require the same to be recorded sooner than is so specifically provided; except that any requirements to record such plat in any other place than is provided herein shall not excuse the parties from complying with this act. Whoever shall refuse or neglect to comply with this section shall forfeit twenty-five dollars, and the like sum for every month he shall continue in such refusal or neglect after conviction therefor, to be recovered before any justice of the peace of the county, in the name of the county, one-half to the use of the county, and the other half to the use of the person complaining.-[R. S., 1845, p. 487, § 33. EFFECT OF VACATING PROPERTY. SECTION. [128.] Rights of adjoining owner. [128.] Rights of adjoining owner.] Rev. Stat. ch. 145. § 2. When any street, alley, lane or highway, or any part thereof, has been or shall be vacated under or by virtue of any act of this State or by the order of the city council of any city or trustees of any village or town, or by the commissioners of highways, county board, or other authority authorized to vacate the same, the lot or tract of land immediately adjoining on either side shall extend to the central line of such street, alley, lane or highway or part thereof so vacated, unless otherwise specially provided in the act, ordinance or order vacating the same, unless in consequence of more of the land for such street, alley, lane or highway having been contributed from the land on one side thereof than the other, such division is inequitable, in which case the street, alley, lane or highway so vacated shall be divided according to the equities of the adjoining owners. [L. 1865, p. 103, § 1. RAILROAD TRACKS UPON HIGHWAYS. Rev. St., chap. 114, 20, gives the following authority concerning railroad corporations. Fifth-To construct its railway across, along or upon any stream of water, watercourse, street, highway, plank road, turnpike or canal, which the route of such railway shall intersect or touch; but such corporation shall restore the stream, watercourse, street, highway, plank road and turnpike thus intersected or touched, to its former state, or to such state as not necessarily to have impaired its usefulness, and keep such crossing in repair: Provided, that in no case shall any railroad company construct a road-bed without first constructing the necessary culverts or sluices, as the natural lay of the land requires for the necessary drainage thereof. Nothing in this act contained shall be construed to authorize the erection of any bridge, or any other obstruction, across or over any stream navigated by steamboats, at the place where any bridge or other obstructions may be proposed to be placed, so as to prevent the navigation of such stream; nor to authorize the construction of any railroad upon or across any street in any city, or incorporated town or village, without the assent of the corporation of such city, town or village: Provided, that in case of the constructing of said railway along highways, plank roads, turnpikes or canals, such railway shall either first obtain the consent of the lawful authorities having control or jurisdiction of the same, or condemn the same under the provisions of any eminent domain law now or hereafter in force it this state.(1) (1) Form of Consent of Commissioners of Highways to construct Railway along Highway. County,} SS. to Town of Application having been made to the Commissioners of Highways of said town of- for that purpose, consent is hereby given by said Commissioners to "The Railroad Company" to construct a railway along and upon the highway in said town, from [deceribing the points within which the consent is given to construct the railroad] upon the terms and conditions imposed by the statute in such cases made and provided. In witness whereof, we have hereunto set our hands, this of -18-. day A. B.,) Commissioners E. F., of Highways. SECTION. 129. 130. HARD ROADS. Petition for road--notice-election-vote-rate per cent. 131. Duty of commissioners-tax-donations. 132. Levy and collection of tax. 133. Duty of treasurer of commissioners-bond. 134. Tax collector-duty-commission. 135. 136. Power of commissioners of highways. 137. Plans and specifications-what to contain. 138. Commissioners--opening bids-bond-contract. 139. May reject bids-failure to give bond. 140. Estimates-payment of contractor. 141. Record-report-settlement. 142. Construction of road-material. 143. Commissioners may take material. 144. Compensation of commissioners and employees. 145. Powers of county board in counties not under township organiza 146. tion. Ballots-election-tax. 147. Roads to be free. AN ACT to authorize the construction and maintenance of gravel, rock, macadam or other hard roads. Approved June 18, 1883. In force July 1, 1883. 129. Petition for road-Notice-Election-Vote--Rate per cent.] 31. That on the petition of fifty land owners, who are legal voters, of any township to the town clerk thereof, in counties under township organization, or road districts in counties not under township organization, to the county clerk, he shall, when giving notice of the time and place for holding the next annual town meeting or road district meeting also give notice that a vote will be taken at said election for or against levying a tax not to exceed one dollar on each one hundred dollars assessed valuation of all the taxable property, including railroads, in the township or road districts, for the purpose of constructing and maintaining gravel, rock, macadam or other hard roads. Said petition shall state the location and route of the proposed road or roads, not exceeding two; and shall also state the rate per cent., not exceeding one dollar on each one hundred dollars, and the number of years, not exceeding five, for which said tax shall be levied. (1) (1) Form of Petition for Construction of Gravel, Rock or Macadam Road. To A. B., Town Clerk of the town of in the county of and State of Illinois: The undersigned, land owners, who are legal voters in said town, hereby petition you to give notice, when giving notice of the time and place of holding the next annual town meeting in said town, that a vote will be taken at said election for or against levying a tax at the rate of per cent. on each one hundred dollars assessed valuation of all the taxable property, including railroads, in said town, for the period of years, |