Show A new law HIGHWAYS passed by atie last legislature SOAD DUTIES A matter Interest of through out the territory penalties for violation sec 1 be it enacted by tho governor and legislative assembly of the territory of utah that all roads streets alleys and bridges laid out or erected by the public are high ways sec 2 all road streets alleys and bridges laid but or erected by others than the public and dedicated or abandoned to the use of the public are highways A highway shall be deemed and taken as dedicated and abandoned to the use of the public when it has becu coltinuk bously and uninterruptedly used a a public thoroughfare for a period of ten years sec 3 all roads streets alleys and bridges which are now used by the public and leave been declared to the bounty courts and municipal corporations or v hichi may hereafter be declared shall be deemed and taken to be public highway Provid nl leiai where roads or cels arc laid out through improved landa and such lands are not protected by fences along the line of the roada or ahern such roads pass through such roada or streets may by the county court of the county when they are laid out be declared to be limited highways A notice to that effect shall bo posted at each end of such limited highways and any person who shall wilfully drive ani bands or herds of cattle forsea or sheep over such roads or than during the time that the adjoining lands are thrown open to the public by the owners thereof for grazing purposes shall be guilty of a misdemeanor sec 4 roads streets alleys and bridges laid out and recorded by order of the courts or pal public highways sec 6 whenever any corpora tian owning a toll bridge or a turnpike plank common or wagon road is or discontinued or has expired by limitation the bridge or road becomes a highway bec 0 A road not worked or used for a period years ceases to be a highway bec 7 taking 0 accepting lend for a highway the public acquire only iha right of way and incidents necessary to enjoying and maintaining it A transfer of land bounded by a highway hway passes alio liolu of the person estate is transferred to tha centre rf alie highway sec 8 tho county courts of tho respective counties of this territory proper regulations first divide where not already done their respective counties into a suitable and convenient number of road districts and appoint supervisors biennially or yh ellever vacancies occur from any cause and them at pleasure second cadee to be surveyed viewed laid out recorded opened maintained and worked such public highways as are necessary fur public convenience third abolish or abandon such as are necessary for tho uso of the public fourth Contract Tor purchase or others acquire when necessary the right of way for public ay over private property and for that purpose institute proceeding far the way as provided in part III code of ivil procedure fifth cause to be erected and maintain on such highways as they may designate milestones or posts and guide posts properly inscribed sixth designate Desi enate the public high ways to bo maintained by them within or extending each incorporated chiy or town which in no case shall be moro than three jn the direction sec 9 the county clerk must keep a book in which must be recorded all lie orders of the county court relative to each road including orders for lay n ut kopd ing and altering roade a ot each district of its supervisors roads highways contracts and all other matters pertaining thereto sec 10 supervisors of road districts eliell notice of their appointment from the county clerk and within twenty day thereafter must qualify as aeh by taking and subscribing an aaili of office and alv ing a bond to the county in mien ecim aa inay be determined by alie conaty court luich bond to bo approved by the probate Judge and lied with tho county clerk A certificate of tt 0 county clerk under the seal of the county court that the has been made the required bond filed and the oath of ornu taken shall constitute a co and will the person named therein to discharge the antica ofed perv lnor until superseded set 11 supervisors unless otherwise ordered by the county court appointing them farat charge of the public within their respective districts clear of obstructions a good repair third caneo banke to be graded bridges and causeways to bo badt where necessary and keep the same and renew hem when pec chatary Fourth Give not losa than tac days notice to tae inhabitants 0 their respective districts liable to d work on roada when where will what implements and under whose direction to work when teams mai be requited lEUper visors shall bego for alio same at an equitably fifth collect the annual anh tax direct aal tha i s i r lure of that portion of the tax paid in labor sec 12 if any person who is liable shall fail to pay the tax required by this act within ten days after the date of the notice required in vision four of the preceding prec edine said tax shall be deemed delinquent and the road supervisor const pro iced to collect the same aa an action of debt and no property of such delin quent shall be exempt from execution on recovered for all services road shall receive such compensation as the county court may determine sec 13 that two days work of eight hours each or in lieu thereof three dollars lawful money is an annual road poll tax upon every man not y to work over twenty one and under fifty years of ace within towns or cities said poll r ay iy be collected under such is may be by ordinances provided and be used by eaid towns or cities aur hn airi athe public hichwa vs by the county court running through such cities and second improving any other or alleys in such towns or cities all poll tax except such as ia collected by incorporated towns or cities ahal 1 be expended under the direction and pursuant to ilie orders of the respective county courts in making and improving highways and all money collected in lieu of labor except such as may bo collected by incorporated towns or cities shall be paid into ho county treasury and be expended under the direction of the county court on public hichwa ys sec 14 the county court shall furnish each road supervisors a sui tanis blank book with stubs and the supervisors shall a receipt from paid book to each pcr eon who has paid his poll tax the supervisor hull thull t elate on said receipt wh ellier said arll tax was paid in cash or abor and make a corresponding entry on the stub of said receipt and eaid heuhs shall be re turned to the county court with his annual report sec 15 each supervisor must make to the cornay court appointing him on or before alie arst monday in december of each year a written report first tha name of each person asses cd fir poll tax in his district second the name of each person who has paid his tax in labor and the amount paid third the name of ei h person who has paid his tax in money and the amount paid the amount of tax colt lecter by suit and the naino of the delinquent fialli the amount of uncollected tax the nimo of each delinquent and the caffre why such tax remains uncollected in each instance the amount and kind of labor expended in his district and the places where such labor was pcr formed A beneral description of the condition of the public highways in his district einloth an accurate account of the lime ho himself waa employed and alie nature and items of service rendered the county court may at any time require reports from road supervisors A failure to mako a report as herein required subjects the supervisor to a penalty in any sum not exceeding ono hundred bollara to be received in an action on his bond see any owner or occupant of land may construct u tide alk on the along the line of his land subject however to alio authority conferred by law on the couney court and road supervisors any person using sidewalk with horse or team without permission of the owner of ruih sidewall side walh is liable to such owner for all damages he may thereby tecc 17 any owner or occupant of land adjoining a public highway may frees on he sides of such continuous to his jand i said brets trets te set in regular lines at t ucla distances from the cen re line of tho highway ea may bo do by an order of abo county court whoever of eaid i treca is liable to the owner for tho d minee which is thereby pu stained kec 18 tho county courts of tho several counties have power to a right of way over abo public highways for rai roada canals irrigation water pipes and telephone lines under such reasonable regulations us such court may county court not grant rights of way for adv u the purpose herein mentioned through any incorporated towns or ceilea when public high ways designated by tho county court extend any town or city hereafter incorporated they conform to tho direction and i rade and bo subject to all the of other in such town or city IJ owners or users of canals ditches or sects which are now or he may he constructed acrum a any public highway are required to highway to as abd and eife condition as liia shon alti li constructed by building buil dini a bridge r euca other as may lie deter mined by alio county court or road A to construct and keep in repair aurli briber or aroi a ang as and when required by 0 o county court or road euper viar ia a biec 20 any person who wilfully or obstructs or injures any highway by flower beeba of water or why permits water under ilia con irol t escape in any so aa to injure auy ertho wilfully or place or bo placed or left any los timber stone wood or other any other vehicle upon anny public highway in buch i way w to obstruct tha fro 1 aidor prope pang guilty ff sec 21 any woo hs erected or maintains or may hero after erect and maintain A fence r other alink and upon any portion of a public highway and who noticed by tho conn ty court to remove the ejier shall neglect or refuse to do eo within twenty daab or further tithes not exceeding throe months antnay be determined by birtich county court is guilty of a misdemeanor sec 22 whoever removes or injures any mila board milestone mile stone or guide post or any placed thereon erected on any highway kig hway ia cuilty of a misdemeanor sec sa any person alio drives a herd of horses mules cebea cattle sheep coat s or swine over a public highway where such highway is constructed ted on a hillside shall be liable for all damage done by such animals in destroying the banass or rolling roc kaInto or upon highways sec 24 the county courts may cause to be put upon bridges in their counties a notice that there h a flue of five dollars for or driving on this bridge faster than a walk and that not more than horses mules assha or cattle stating the number or sheep goats or swine slating the number will allowed upon this bridge at any one time under a penalty of ten dollars for each offense whoever thereafter or drives faster than a walk on such bridge ia liable to a for each of fenee and any person driving a herd of horses cattle sheep ports or swine who drives or allows upon such boidec a greater number of animals than that designated desiena ted the notice is liable to a penalty 0 ten dollars for each olf enso sec 25 whoever digs up cuts down or otherwise injure sor wilfully destroys any shade ornamental or other trees planted or standing on any highway in conformity to the of this act ia guilty of a misdemeanor sec ag whenever it is necessary for a fast traveling team to pass a slower ine it shall be the duty of the teamster of ahe traveling team to the other a convenient tuni tyso to do be done without endangering his own team and whenever teams of any kind meet each shall reasonably turn to the right so aa ta give tho other team half of the traveled road whenever it can bo done with safety A failure so to do i a misdemeanor sec 27 any person violating any of the provisions of this act ih addition to the penalties herein provided shall be liasjo for all damages which may occur to the party damaged by reason of such violation sec 28 A and forfeit ur es ander this ac tand not otherwise provided for rufust be recovered by the of the respective road districts and be applied on the public highways in alis district in they are sec 29 i 87 to 90 both in elusive and sections to both inclusive of the compiled laws ol 01 utah and chapter of tho sessions laws passed in are hereby repealed sec 30 this act takes effect on and after its passage approved march II 11 |