and established, deepened and widened, cleaned out, straight- necessity SEC. 57. The county road commissioners acting under the Clerks. provisions of this act, may employ all necessary clerks, whose pay shall not exceed three dollars per day; and such clerk hire, and any legal expense shall be charged to the several road districts in behalf of which they shall be employed. They may likewise employ an attorney when they deem the Attorney. same necessary. All incidental expenses shall be paid out of Incidental the first moneys collected. expenses. etc. SEC. 58. The county road commissioners shall procure Records. record books, and keep a record of all the proceedings had under this act, and they shall procure the necessary station- Stationery, ery and supplies, which expenses shall be paid by the county. SEC. 59. The county road commissioners shall render an Annual report. annual report to the board of supervisors, of their doings, showing itemized statements of all the sums ordered raised by them and expended by them. Such statements shall be filed on or before the first day of the annual meeting of the supervisors in October. SEC. 60. The county road commissioners shall work to Administragether as an administrative board in the performance of their tive board. work. tion of SEC. 61. In case any county road commissioner shall be Disqualificainterested in the improvement of any highway, or for any member. reason disqualified to act thereon, then the remaining county road commissioner, or commissioners, shall proceed with the work; and the action of such county road commissioner or commissioners not interested, shall be valid and effective. In case any county road commissioner is disqualified to act upon any proposed improvement, such facts shall be entered upon Entry on the records of the county road commissioners. records. SEC. 62. The county road commissioners shall employ a Engineer. competent engineer. In case the county draws State reward money upon the improvement of any highways, the engineer thereon shall be subject to the approval of the State Highway Approval Commissioner, and no engineer shall be employed on such missioner. highways, without such approval. of state com estimates. SEC. 63. As the work of improvement progresses, the Written county road commissioners shall cause written estimates to be made, and certificates of work done and materials fur Certificates. How signed. Payments on contracts. Affidavit of contractor. Statement of amounts due. Releases. Deduction from amount due. Payment of indebtedness. Bond of successful bidder. Action on bond. Use and benefit of bond. Contracts without advertising. Certiorari. nished, and of the value of the work accomplished by the several contractors. These estimates and certificates shall be made and signed by a competent engineer. At the request of any contractor doing work, such estimate shall be made at least once in each month. The county road commissioners shall make no payment on any contract without such written estimates and certificates where the total contract price shall be five hundred dollars or over. Before the final completion of the work, and its final acceptance by them, they shall not pay more than eighty per cent of the amount of such estimates and certificates. Before payment is made on any estimate or certificate aforesaid, the contractor shall file an affidavit showing, either that all labor and material so far used in the improvement has been paid for by him, or an itemized statement giving the several amounts and names of persons to whom anything is owing for labor and material used in the particular improvement contracted for by him, or he shall file releases from all persons unpaid for either labor or material used in such improvement. In case it appears from such affidavits that any labor or material is not paid for, the county road commissioner shall deduct from any payment to be made by them such indebtedness for material and labor. The county road commissioners, out of money so retained by them, may pay any such indebtedness; and they shall pay such indebtedness out of such money on the request of any contractor. They shall not be obliged to pay on the request of a creditor until such creditor shall have put his claim into final judgment. SEC. 64. In addition to the bond required for the faithful performance of the work, the successful bidder shall give a bond to the county road commissioners, in a sum to be fixed by them, and to be approved by them, conditioned for the payment of all labor and material used by the contractor or his subcontractors in the improvement to be made by them. The county road commissioners, or any person or their assigns, injured, may bring action on such bond. The bond herein required shall be deemed for the use and benefit of any person, his representatives or assigns, furnishing labor or material for such improvement. SEC. 65. The county road commissioners may let contracts under five hundred dollars without advertising. They may make payments on such contracts without the estimates and certificates above required. Actions and Healing Provisions. SEC. 66. The proceedings herein provided for improving any highway, shall be subject to review upon certiorari. Notice of such certiorari shall be served upon the county commissioners, or one of them, within ten days after the making of their apportionment of benefits for such improvement bond. has been filed with the county clerk, in the same manner as notice is required to be given of certiorari for reviewing judgments returned by the justice of the peace, and the writ Writ and shall be issued and served, and the bond given and approved, and all subject matter brought to issue in the same way and manner as in such case provided, except that such certiorari may be heard by the court during term, or at chambers, upon Hearing. five days' notice given to the opposing party; and the circuit court of the county shall hear and determine the same without necessary delay; and if any material defect be found in Erroneous proceedings the proceedings, such proceedings shall be set aside in so set aside. far as erroneous with consent to the county road commissioners to proceed anew with their proceedings from the point where the defect occurs. The entire proceedings shall not be set aside except where the county road commissioners are found to have no jurisdiction to act upon the petition presented. If the proceedings be sustained, the party bringing the certiorari shall be liable for the costs thereof; and Costs. if they be not sustained in whole, or in part, the parties petitioning for the proposed improvement, shall be liable for the costs. If no certiorari be brought within the time herein de- When proceedings scribed, the improvements shall be deemed to have been deemed legal. legally ordered and established, and its legality shall not thereafter be questioned in any suit at law, or in equity. When such proceedings are brought, the county road commis- Postponement of proceedsioners shall postpone the letting of contracts, if they have ings. not been let, and of all other proceedings until after the determination of the court. SEC. 67. No tax assessed under this act upon any prop- Irregularities erty or sale therefor, shall be held invalid by any court of cured. this State on account of any irregularity in any assessment, or on account of any tax roll not having been made, or proceeding had within the time required by law, or on account of the property having been assessed without the name of the owner, or in the name of any person other than the owner, or on account of any other irregularity, informality, omission, or want of any matter or form or substance in any proceeding that does not prejudice the property rights of the person whose property is taxed; and all proceedings in assessing Presumption of legality. and levying taxes, and in the sale and conveyance therefor, shall be presumed by all the courts of this State to be legal until the contrary is affirmatively shown. All records, state- Records, etc.. ments and certificates herein provided for, shall be prima prima facie facie evidence of the facts therein set forth. The absence of any record of any proceeding or proceedings, or the omis- Omissions not sion of any mention in any record of any vote or proceeding, validity. or mention of any matter in any statement or certificate that should appear therein under the provisions of this act, shall not affect the validity of any proceeding, tax, or title thereon, providing the fact that such vote or proceeding was had or tax authorized is shown by any other record, statement evidence. to affect or certificate made evidence by the terms of this act or any other law of this State. No tax or sale of property for any tax, shall be rendered or held invalid by showing that any record, statement, affidavit, certificate, paper or return canPresumption not be found in the proper office. Unless the contrary is afof correctness. firmatively shown, the presumption shall be that such record was made, and that such certificate, statement, affidavit, paper, or return, was duly made and filed. Where any statement, certificate or record is required to be made or signed by the county road commissioners, such statement, certificate or record may be made and signed by the members of said commission, or a majority of them, and it shall not be necessary that other members be present when each signs the same. The provisions of this section shall not be construed of provisions. to authorize any showing impeaching the validity of any deed Records, etc., how signed. Construction Tax deeds not affected. Limitation of actions. Payment under protest. Proviso, suits against county. Injunctions restricted. Beginning proceedings anew. executed by the Auditor General under the provisions of this act, but such deed shall be held absolute and conclusive as provided in general tax laws of the State. SEC. 68. No suit shall be instituted to recover any tax or money paid, or for property therefor, or for damages on account thereof, unless brought within thirty days from the time of payment of such money to, or for the sale of such property by, the collecting officers; and if such tax be paid under protest, the reasons therefor shall be specified, and the same procedure observed as is, and may be required by the general tax law: Provided, That suits specified in this section shall be brought against the county at large. SEC. 69. After any taxes shall have been assessed for the improvement of any highway under this act, no injunction shall issue to restrain the spreading of the same upon the tax roll, nor to restrain the collection thereof, nor shall the same be in any manner stayed, except as provided in provisions for certiorari unless the amount of such assessment shall be first paid to the county treasurer to be applied upon such taxes in case the court in which the suit upon which such injunction is tried, shall so order. SEC. 70. The collection of no tax levied, or ordered to be levied for the payment of the improvement or construction of any highway laid out under this act shall be perpetually enjoined, or declared absolutely void in consequence of any error or informality appearing in the record of the proceedings under which any highway shall have been constructed or improved, nor on account of any irregularity or informality in the condemnation of the right of way, nor for want of any record thereof, but the court in which any action may be brought to recover any tax or assessment paid, or to declare void the highway proceedings, or to enjoin any tax or assessment levied or ordered to be levied for the payment of the labor and expenses of the improvement thereof, shall, if there be manifest error in the proceedings, allow the county road commissioners to begin their proceedings anew at the stage prior to which the error occurred. recovered. SEC. 71. Any taxes that may have been assessed and re- Taxes, how turned delinquent to the county treasurer upon any lands and by virtue of the provisions of this act and remaining unpaid, may be sued for, by the county road commissioners of the county in which such delinquent lands are situated, in an action of assumpsit before any court of competent jurisdiction; or the county road commissioners may file their bill in equity to enforce the lien of such tax against the real Lien, how estate charged therewith, in the same manner as mortgages are foreclosed in chancery. The court may order the sale Sale of lands. of such delinquent lands at any time after six months from the filing of such bill in chancery. enforced. SEC. 72. In case any suit shall be brought to set aside any Commissioners parties tax assessed under the provisions of this act, or in any way to sult. attacking the legality of the proceedings had under this act, the county road commissioners shall be made a party to such suit. The counties in which such road district shall be Counties situated shall likewise be made a party and process shall be made parties. served upon the clerks of such county. SEC. 73. In case any tax assessed under the provisions of Tax set aside. this act shall be set aside, except for the reason that the petition for the improvement does not confer jurisdiction upon the county road commissioners to act, the county road commissioners shall begin proceedings anew at the stage where they shall be correct. when im SEC. 74. Whenever the work of improving any highway Poceedings has been wholly or partly completed, and payment for same provement has not been legally made, the county road commissioners interrupted. shall proceed without unnecessary delay to start such proceedings anew, providing the petition for the improvement confers jurisdiction upon the county road commissioners, at such a stage as may be correct; and the county road commissioners shall proceed to take the necessary steps under the provisions of this act, and shall reassess upon the lands benefited by the improvement, the original cost thereof, together with all expense of completing the proceedings, and continue so to do, until such improvement has been legally constructed: Provided, That on such recording and legally Proviso, re-advertising completing the proceedings, it shall not be necessary to re- unnecessary. advertise the letting or to make a new contract for the letting and constructing of the improvement, but the county road commissioners shall advertise a day of review for benefits in the manner provided in the first instance: Provided further, Further That any person who has paid taxes for benefits assessed allowance for against him for such improvement, shall be allowed the taxes paid. amount so paid; and the collecting officer shall accept the receipt theretofore issued as cash, and the same shall be applied upon such new assessment. proviso, invalid SEC. 75. Should any section or a part of a section of this Effect of act be held inoperative or invalid for any reason, such in- section, etc. validity shall not be deemed to affect the other valid sections of this act, which shall be and remain in force. Approved April 15, 1915. |