Show AN ACT pertaining TO HIGHWAYS ee ile it enacted by the governor and Legi legislative dativa assembly of the territory of utah that all roads shall be cons considered dered as public highways which are ar now used us lis such sufi and have I 1 been declared such by order of the county courts or which may be hereafter so declared by the county courts within their respective counties or by municipal corporations po rations SEC 2 highways are roads streets or alleys and bridges laid out or erected by the public or if laid out or erected by others de ii li bated or abandoned to the tile use of the public SEC seca 3 roads laid out and recorded as highways by order of the county court andali and all ali roads used as such for a period of five years are highways whenever any corporation owning a toll bridge or a turnpike plank or common wagon road is dissolved or discontinued or has expired by limitation the bridge or roar road bec becomes omesa a highway SEC 4 A road not worked or used for the period of fise nise five years ceases to be a highway c for any purpose v hat ever SEC 5 the clerk of the county court must keep a book in which must be recorded all proceedings of the court relative to each road district including orders foi fok laying out alter altering hig and opening hening roads and a description of each road load district its ita supervisor supervisors its roads highway highways contracts and all other matters pertaining thereto 1 EC 6 by taking L P or accepting alan aban kand kind ld for as a highway the public acquire q aire only the right of way and incidents cide eide ts necessary to enjoying and maintaining it A transfer of land bounded by a highway passes the title of the person whose estate is 14 transferred to the soil in front to the centre of the highway SEC sm 7 any owner or occupant of land may construct r sidewalk on the highway along the line of his land subject however to the authority thorit jr conferred by law on the county court and the supervisors of highways and any person using such sidewalk with horse or team without permission of the owner is liable to such owner or occupant for all damage 0 suffered thereby SEC 8 any owner or occupant of land adjoining a highway not pot less than four rod wide may plant trees on the sides of such highway contiguous to his laud land they must be set at a distance of at least fifteen feet from each other in regular rows and not more than ten fen feel from the boundary of the highway if the tiie highway is six rods wide or more the row must not be less than ten nor not no more than twelve feet franr the boundary of the highway whoever ini ures any of said bald saida salda trees rees i liable to the owner for the damage which is thereby sustained SEC 9 every gas gass water telegraph or railroad corporation has the right of way through the public ways aud and squares in in any city village or town with the consent of the authorities thereof and under such reasonable regulations as said wid authorities and the law prescribe rhe nie hie county courts of the several counties have power to grant a right of way over the public highways for railroads canals water pipes and telegraph lines under such reasonable reu re regulations u actions as such court may establish ta blish such portions of all county roads as lie within the limits of any incorporated town or city or in any town or city hereafter incorporated shall conform to the direction and grade and be subject to all the regulations of other othen streets in such town or city sm SEC 10 the county court of each of the counties of this territory ly by proper regulations have power first to divide where not already done the county into a suitable and convenient number of road districts and appoint supervisors biennially or whenever vacancies occur and to remove them at pl pleasure ens second to cause to be surveyed viewed laid out recorded opened and worked such highways as are arc necessary for public convenience third to cause to be recorded As as highways such roads as have become such sueh by usage or abandonment to the public fourth to abolish or abandon such asuro asure as are aro unnecessary fifth to contract agree for purchase or otherwise acquire the right nghi of way over private prop property erty efty for tile the use we of public highways and for that thai purpose institute or require the county prosecuting attorney to institute proceedings for the acquirement of said right of way as provided in title XI chapter 11 houtho of tha the C compiled ampf led laws of utah sixth to cause to be erected and maintain maintains 0 oc I 1 on such highways as they may designate milestones or posts anit and guide posts properly inscribed SEC 11 the county courts shall designate the county roads necessary within or extending through each incorporated town or city which in no casis caser shall be more than three in the kame game direction SEC SW 12 supervisors of road districts receive notice of 0 their appold appointment t from the clerk of the county court and within twenty days thereafter must give the tho official bond required by the county court and take the usual oath of office the notice and certificate that the biond bond has hag been filed aud and aud and the wo oath taken and endorsed thereon or a certified copy thereof constitutes a commission and authorizes tb the e person named in and holding the tho same to discharge the duties of supervisor until superseded SEC 13 road supervisors under the direction and supervision and pursuant to orders of the county court appointing them must first take charge of or the public high highways waya wasa within their respective districts second keep them clear from obstructions and in good repair third cause banks fo to be graded bridges and causeways to be made where necessary and keep the same in if good repair and renew them when necessary lec essary essany fourth shall give not less ess than two days notice to the inhabitants of his road district liable to 0 do work on roads when where with what implements and under whose direction to work fifth collect from each inhabitant notified to work and who fails to work or prefers to pay it sixth to ro receive ce I 1 ve such compensation aa as may be allowed by the county court for services vices perform performed A SEC sm 14 that two days clays work of eight hours each or in lieu thereof three dollars 3 lawful money ia is an annual road road poll tax upon every able bodied man over twenty one and under sixty years old within incorporated cities said poll tax may be collected under such regulations as may be by ordinance provided ded and one fourth of the bals bais said baid tax so collected by cities bhail shaji on or before the first monday in january april july jilly and october of each year be paid into the county treasury fo be expended under the direction of the county court in making and improving highway highways si and the other othen three fortag shall be used by said cities for improving first territorial and county roads running through such cities and second on any other streets or adlle allies in such cities SEC hec S m 15 all means incani other than labor collected as poll tax by the respective spec tive road supervisors shall be paid by them into the county treasury to bo be appropriated and expended on the principal roads and bridges under the direction of the county court SEC 16 the county court furnish each road supervisor with a blank receipt book with stubs on which shall shail bo be stated by the supervisor whether said poll tax was ivas paid pal d in cash or labor and the tile receipt be given to the party as evidence that he has paid his poll tax and said book and stubs sh shall all ali be returned to the county court with ills his annual report lepor t together toge ther with wi th the treasurers treasur treas frers ers erb r receipts ec SM 0 ta SEC 17 every s supervisor e must make to the count county court annually on or before the first monday in december of each year a written report containing first the names of all persons assessed to work in his district second the names of all ali who have actuary actually worked and the number of days third the names of all who have commuted and the amount received from them fourth the names of all delinquents and the amount due fifth tho the amount of labor expended at each point and tl the io kind of labor performed sixth an accurate account of every day he himself was employed and anet the nature and arid items of the service rendered the county courts may require special reports from road supervisors when deemed proper SEC 18 A failure to make a report as required or to pay over on the order of the county court any money moneys sin in his hands bands subjects the supervisor to the penalty cinalt y of dollars 25 to bo be recovered in any action on ills his bond together with any balanc balance due duo from krom him suit 2 therefore may bo be instituted by the th 0 county attorney under order of the county court SEC 19 10 whoever wilfully or carelessly obstructs or injures any high egl way by flow how of water or otherwise is liable to a penalty of five dollars for each day such guch obstruction or nult remains any pom pon person or permitting water under their control to flood any highway to the injury thereof shall be liable to the city or county as the case may bo be for the dama damage ge and to a fine in any sum not exceeding twenty five dollars 25 SW SEC 20 whoever removes or injures any mlle mile mi je board or mile mlle milestone stolle or guide post cost or any inscription ba on such sueh erected on any highway is liable to a penalty of ten tea dollars 10 for every such oaie ofie orience ence nce SEC 21 any person or persons who drive loose herds of horses borses cattle sheep goats or swine over the highways where they pass on dug ways shall shail be liable for all damage done to such highways by caving of the banks or rolling loose rocks info into the same earpe SEC 22 the road supervisors may put up on bridges under their charge notices that there is five dollars 5 fine for riding or driving on this bridge ridge faster than a walk whoever thereafter rides on drives faster than a walk on such bridge brido is liable to a penalty of five dollars 05 5 for each of nence lence SEC 23 whoever digs up cuts down or otherwise injures or wilfully destroys any shade or orlia orila ornamental tree treo planted and standing on any highway ia is liable to a fine of twenty five dollars 25 for each such tree SEC 24 all penalties or forfeitures under this tins act and nob not othe otherwise provided for must bo be recovered rock bred by bi tb the e road supervisors of the respective road districts and be applied apold on tho the highways in which they arm aro collected arc S M 23 25 all acts or parts of acts in 11 conflict with the pro visions of thi this act are hereby repealed approved february 0 0 1980 UTAH tj Secre aalee office f ss I 1 arthur ij thomas sa secretary of the territory of utah do hereby cert certify fy that the above ac net act entitled an act pertaining to highways Highway i is a true and correct copy as s appears by the records on au cory nile file ae in my office attest my hand and sea bea seal beal at salt lake city this day of F february ebru abru AD 1880 SEAL 1 li THOMAS sector secy of utah ter |