6 tion or otherwise (and to maintain when so acquired) any existing 7 bridges along in the line of or connected with any such road or 8 highway, together with all land, roads, approaches, rights, fran9 chises, and easements belonging to any person or corporation, 10 and necessary or convenient for the purpose aforesaid.

Sec. 56. It shall be the duty of the commission, the couny 2 court of each county, and the incorporated towns and cities of 3 this state to post and keep posted on or at each end of all bridges 4 over which they have jurisdiction respectively notices clearly 5 legible to the traveler upon the road, indicating the maximum 6 safe load or weight that may pass over such bridge at any one 7 time. No city, town or county court shall be liable for any 8 damages resulting to any person or property by reason of the 9 breaking of any bridge, sluice or culvert by transportation at 10 any one time on the same of any vehicle or animals weighing an 11 amount in excess of that indicated by such notices as the max12 imum safe load or weight; but any owner or other person en13 gaged in transporting, directing, driving or conducting the same 14 over such bridge shall be liable for all damages resulting there15 from.

Sec. 57. All improvements hereafter made on state routes, H. B. No. 523]

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2 except maintenance thereof, including the construction of cul3 verts and bridges, shall be under the direction and supervision 4 of the State Road Commission, and all culverts and bridges 5 thereon shall be constructed in accordance with plans prepared 6 or approved by the Commission; provided, that nothing herein 7 contained shall be construed as to prevent any county, district 8 or corporation from providing funds to be used in the construc9 tion or improvement of such roads.

Sec. 58. Any county, district or corporation may, in the 2 manner provided by law, vote bonds or provide funds by levy 3 or otherwise, for the improvement and paving of any roads here4 tofore known as Class A roads lying within their respective 5 political sub-divisions, not heretofore taken over by the State 6 Road Commission in the manner provided by this act, but such 7 funds hereafter provided shall be expended under the direction 8 and superintendence of the State Road Commission. Any such 9 roads or portions thereof so improved with funds provided for 10 that purpose by any county or political sub-division thereof shall,

11 without unnecessary delay, be taken over by the State Road Com12 mission in the manner hereinbefore provided, as a state road, 13 and the Commission shall thereafter maintain the same; pro[H. B. No. 523

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14 vided, that where an agreement or contract exists between a 15 county court or town having a population of less than twenty16 five hundred persons, and any contractor, firm or corporation for 17 the construction of any road so taken over by the State Road 18 Commission as a part of the state road system, the same shall 19 be performed and completed the same as though this Act had 20 not been passed; and provided, further, that where, under a 21 contract or franchise existing between any street railway com22 pany, or other corporation or firm, and any county court or 23 town having a population of less than twenty-five hundred per24 sons, such street railway company or other corporation or firm 25 is required to maintain any road which has subsequently been 26 taken over by the state as a part of the state road system, the said 27 contract shall remain in force, and the State Road Commission 28 shall succeed to and take over to itself all the rights of said 29 county court or town existing under said contract or franchise, 30 the said street railway company, or other corporation or firm 31 shall be bound to carry out all of the requirements, and comply 32 with all the terms and conditions of the said contract with the 33 State Road Commission, the same as though the said contract 34 had been originally made between the State Road Commission H. B. No. 523] 51 35 and the said street railway company or other corporation or firm. Sec. 59. The State Road Commission, or its agent, shall have

2 power and authority to investigate all expenditures made by the 3 several county courts of this state in road construction and main4 tenance, the methods adopted and the inspection and supervision 5 provided, and shall make report thereon to the county court and 6 bring the same to the attention of the prosecuting attorney or any 7 other official whose duty it is to see that the laws are properly 8 enforced, and may make such recommendation respecting the 9 same as in its opinion may be proper; and it shall be the duty 10 of any such prosecuting attorney to take such action in relation 11 to any malfeasance or misfeasance by any officer in the discharge 12 of his official duty as may be necessary to remove such person 13 from office, and to subject him to such fines and penalties as by 14 law are prescribed for any offense that may have been com

15 mitted by any such officer.

Sec. 60. The county courts of the several counties in the 2 state shall continue in charge of the construction, improvement 3 and maintenance of all roads heretofore known as Class A roads 4 located in their respective counties, and shall maintain them as 5 county-district roads until such time as the State Road Com[H. B. No. 523

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6 mission shall, by order entered of record and by proclamation of 7 the governor, take them over, either for construction or main8 tenance, after which they shall be and remain under the exclu9 sive authority and jurisdiction of the State Road Commission.

Sec. 61. Whenever any person, firm or corporation shall make 2 or cause to be made any excavation or cut into, near or under, 3 or shall make any fill or embankment near any public road, 4 highway or street already constructed, so that damages to such 5 road, street or highway shall be sustained as the result thereof, 6 such person, firm or corporation shall be liable for any damages 7 so sustained, but where any public road, highway or street shall 8 be located, established and constructed over, above, across or 9 near any excavation or so near any cut, fill, excavation or em10 bankment already made that damages to such road, highway or 11 street shall afterwards be sustained as a result thereof, any firm, 12 person, or corporation making such excavation, cut, fill or em13 bankment shall not be liable for such damages. The State Road 14 Commission shall succeed to all the rights, powers and privi15 leges conferred hereunder upon any county court or incorporated 16 town for the recovery of damages under this section for injuries 17 to any road or street, when such road or street has been taken H. B. No. 523] 53

18 over by the Commission under this act.

Sec. 62. Whenever any state road crosses the grade of the 2 line of any railroad worked by steam, electric, or other power, 3 the State Road Commission shall have the power to contract 4 with such railroad for the construction of any bridge, archway 5 or culvert that may be needed for the purpose of any overgrade 6 or undergrade crossing, and to provide by contract or otherwise 7 for the maintenance thereof; provided, that at least one-half of 8 the construction cost of such bridge, archway, culvert, or road9 bed, shall be paid for by the railroad and the remainder by the 10 State Road Commission.

Sec. 63. Whenever any railroad, or electric or other railway 2 hereafter constructed shall cross any public road, it shall be re3 quired to keep its own road-bed, and the bed of the said road. 4 or highway in proper repair, or else to have constructed an over5 head or under-grade crossing, subject to the approval of the 6 State Road Commission; and the tracks of such railroads or 7 railways shall be so constructed as to give absalutely safe and 8 easy approach to and crossing thereof; and in case of failure. 9 to do so construct, the said commission shall construct the same, 10 and upon certification of said construction, and the cost thereof, [H. B. No. 523

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11 after due notification to such company to construct, and its fail12 ure so to do, the cost thereof shall be chargeable against such 13 company, and may be collected before any court having juris14 diction thereof.

Sec. 64. The State Road Commission shall cause an inspec2 tion to be made of any bridge upon any state road or highway 3 which is reported by any of its agents, servants or employees, 4 or by five residents of the county, to be unsafe for public use 5 and travel. If such bridge is found to be unsafe for public use 6 and travel, the commission shall condemn such bridge and prompt7 ly clase the same, so as to exclude travel therefrom; and shall 8 promptly reconstruct or repair the same, according to its own. 9 plans, specifications and estimates for the reconstruction or re10 pair thereof.

Sec. 65. The State Road Commission may cause suitable shade 2 trees to be planted on state roads or highways, and may establish 3 and maintain watering troughs upon such roads or highways. 4 Said Commission shall give suitable names to the state roads or 5 highways and change the name of any road, which becomes a part 6 of the state road system. They shall erect guide posts at con7 venient points along state roads or highways.

Sec. 66. Any person who in any manner paints, puts or af2 fixes any advertisement, sign, notice or other written or printed 3 matter, other than notices posted in pursuance of law, on or to 4 any stone, tree, fence, stump, pole, building or other structure 5 which is in or upon a public road or highway, shall be guilty 6 of a misdemeanor, and upon conviction thereof, shall be pun7 ished with a fine of not less than five, nor more than one hun

8 dred dollars.

Sec. 67. Any person who shall ride, or drive, upon any new 2 roadbed or new repairs of any roadbed constructed or being con3 structed by or under the supervision of the State Road Commis4 sion before the same is open for traffic, and any person who 5 shall remove any light or guard set up for the purpose of clos6 ing said road, or any part thereof, to traffic, and any person 7 who shall otherwise maliciously injure or damage in any manner, 8 any road or highway built under the provisions of this act, either 9 in the course of its construction or thereafter, or who shall other10 wise maliciously injure or damage any work, material or struc11 ture used in connection therewith, shall be guilty of a misde12 meanor and on conviction thereof, shall be fined not more than 13 one hundred dollars, or be imprisoned not more than three months, 56 [H. B. No. 523 14 or in the discretion of the court may be both fined and im15 prisoned, as aforesaid.

Sec. 68. No opening shall be made in any state road or 2 highway, nor shall any structure be placed thereon, or shall any 3 structure, which has been placed thereon, be changed or removed 4 except in accordance with a permit from the Commission. No 5 state road or highway shall be dug up for laying or placing 6 pipes, sewers, poles, or wires, or for other purposes, and no trees. 7 shall be planted or removed or obstructions placed thereon, with8 out the written permit of the Commission, or its duly author9 ized agent, and then only in accordance with the regulations of 10 said Commission; and the work shall be done under the super11 vision and to the satisfaction of said Commission; and the en12 tire expense of replacing the highway in as good condition as 13 before shall be paid by the persons to whom the permit was 14 given, or by whom the work was done. A violation of any pro15 vision of this section shall be a misdemeanor, and the person 16 or corporation violating the same shall, upon conviction thereof, 17 be fined not less than twenty-five dollars, and not more than one 18 hundred dollars for each offense.

Sec. 69. Whenever in the opinion of the State Road ComH. B. No. 523]

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2 mission, it shall be necessary to clear the sides of any portion 3 of a road within the state road system of trees or underbrush, 4 it may appoint three viewers, any two of whom may act, who