highway outside of a village and contract for the sprinkling of the roadbed with water and also contract for the removal of filth and refuse therefrom. No such contract shall be entered into unless previously approved by the county superintendent. The amount of any such contract so entered into shall be assessed upon the property abutting upon such section in the proportion which the frontage of each parcel thereof bears to the length of the section exclusive of intersecting highways. Such assessment shall be made, levied and collected in the same general manner, and at the same time and by the same officers as the town taxes of said town are assessed, levied and collected. § 180. Payment by counties of a portion of the cost of construction under repair contracts. Whenever in the maintenance and repair of state and county highways under the provisions of article seven of this chapter, the commission shall have determined upon the necessity of resurfacing, reconstructing or repairing such highway, the county wherein the highway is located may by resolution provide that not to exceed thirty-five per centum of the estimated cost of such resurfacing, reconstructing or repairing shall be borne by the county. The provisions of sections one hundred and twentyfive, one hundred and twenty-six, one hundred and twenty-seven, one hundred and twenty-eight, one hundred and thirty, one hundred and thirty-two, one hundred and thirty-four, one hundred and thirty-five, one hundred and thirty-six, one hundred and thirtyseven, one hundred and thirty-nine, one hundred and forty-one, one hundred and forty-one-a, one hundred and forty-two, one hundred and forty-two-a, one hundred and forty-eight, one hundred and forty-nine, one hundred and forty-nine-a, one hundred and fifty, one hundred and fifty-one, one hundred and fifty-two, one hundred and fifty-three, one hundred and fifty-four, one hundred and fifty-five and one hundred and fifty-six of this chapter shall apply to such resurfacing, reconstructing and repairing of state and county highways in the same manner as to the original construction thereof in so far as the same may be applicable thereto. Added by L. 1917, ch. 91. ARTICLE VIII. Laying Out, Altering and Discontinuing Highways; Section 190. Survey for the laying out of a highway. 191. Highways by dedication. 192. Application. 193. Application for condemnation commissioners. 194. Appointment of condemnation commissioners and their duties. 195. Notice of meeting. 196. Decision of condemnation commissioners in favor of application. 197. Damages in certain cases, how estimated. 198. Decision of condemnation commissioners denying application. 199. Motion to confirm, vacate or modify. 200. Limitations upon laying out highways. 201. Laying out highways through burying-grounds. 202. Costs; by whom paid. 203. Damages assessed, and costs to be audited. 204. When officers of different towns disagree about highway. 205. Difference about improvements. 206. Highway in two or more towns. 207. Laying out, dividing and maintaining highway upon town line. 208. Final determination, how carried out. 209. Highways by use. 210. Fences to be removed. 211. Private road. 212. Jury to determine necessity and assess damages. 213. Copy application and notice delivered to applicant. 214. Copy and notice to be served. 215. List of jurors. 216. Names struck off. 217. Place of meeting. 218. Jury to determine and assess damages. 219. Their verdict. 220. Value of highway discontinued. 221. Papers to be recorded in town clerk's office. 222. Damages to be paid before opening the road. 223. Fees of officers. 224. Motion to confirm, vacate or modify. 225. Costs of new hearing. 226. For what purpose private road may be used. 227. Highways or roads along division lines. 228. Adjournments. 229. Widening roads; petition. 230. Powers and duties of commissioners. 231. Notice of decision to supervisors. 232. Widening, how constructed. 233. Actions to compel widening; how affected by petition. Section 234. Highways abandoned. 235. Highways in lands acquired by the United States for fortification purposes deemed abandoned. 236. Discontinuance of highway. 237. Description to be recorded. 238. Damages caused by discontinuance. 240. Costs of motion. § 190. Survey for the laying out of a highway. Whenever the town superintendent shall lay out any highway, either upon application to him or otherwise, he shall notify the district or county superintendent, whose duty it shall be to either make a survey, or cause the same to be made, and the town superintendent shall incorporate the survey in an order to be signed by him, and to be filed and recorded in the office of the town clerk, who shall note the time of recording the same. 191. Highways by dedication. Whenever land is dedicated to a town for highway purposes therein, the town superintendent may with the consent of the town board, either with or without a written application therefor, and without expense to the town, make an order laying out such highway, upon filing and recording in the town clerk's office with such order a release of the land from the owner thereof. A highway so laid out must not be less than two rods in width, except that where such highway is located on a sand beach separated by more than two miles of water from the main body of the town of which it forms a part and is not an extension or continuation of a public highway already in use and has erected thereon a board walk not less than one-third the width of said highway, such highway so laid out may be less than two rods in width and must not be less than ten feet in width. Section two hundred does not apply to a highway by dedication. Such town superintendent may also, upon written application and with the written consent of the town board, make an order laying out or altering a highway, or discontinuing a highway, which has become useless since it was laid out, upon filing and recording in the town clerk's office, with such application, consent and order, a release from all damages from the owners of lands taken or affected thereby, when the consideration for such release, as agreed upon between such town superintendent, and owner or owners, shall not in any one case, from any one claimant, exceed one hundred dollars, and from all claimants five hundred dollars. Ar order of the town superintendent, as herein provided, shall be final. Amended by L. 1915, ch. 322. § 192. Application. Any person or corporation assessable for highway taxes may make written application to the town superintendent of the town in which he or it shall reside, or is assessable, to alter or discontinue a highway, or to lay out a new high way. Amended by L. 1913, ch. 472, and L. 1919, ch. 195. 193. Application for condemnation commissioners. Whenever the land is not dedicated to the town for highway purposes, and not released as herein provided, the applicant shall, within thirty days after presenting the application to the town superintendent, and after at least five days' notice to said town superintendent of the time and place of the application to the county court, in this section provided for, by verified petition showing the applicant's right to so present the same, and that such application has been in good faith presented, and if the county judge require on such notice to such parties interested as he shall direct, apply to the county court of the county where such highway shall be, for the appointment of three commissioners to determine upon the necessity of such highway proposed to be laid out or altered, or to the uselessness of the highway proposed to be discontinued and to assess the damages by reason of laying out, opening, altering or discontinuing such highway. Such application shall be accompanied by the written undertaking of the applicant executed by one or more sureties, approved by the county judge, to the effect that if the commissioners appointed determine that the pro posed highway or alteration is not necessary or that the highway proposed to be discontinued is not useless, the sureties will pay to the commissioners their compensation at the rate of four dollars for each day necessarily spent and all costs and expenses necessarily incurred in the performance of their duties, which amount shall not exceed the sum of one hundred dollars. Whenever the town superintendent of highways of any township shall determine that public necessity requires the laying out of a new or additional highway, and the land therefor cannot be obtained by the dedication of the owners thereof, he may apply to the town board of his town for permission to institute a proceeding to ac quire so much land as may be necessary to lay out such new or additional highway, and when such consent shall have been given by the town board of such town, the said town superintendent of highways may apply to the county court of the county in which such proposed highway is situated, for the appointment of commissioners in like manner as is provided by this section where such application is made by any person or corporation assessable for highway taxes, except that when such application shall be made by the town superintendent of highways, that at least five days' notice of the time and place of the application shall be given to the owners of the lands sought to be acquired, providing such owners can be ascertained by such town superintendent, or if the owners thereof are not known to the town superintendent, by the serving of a copy of the notice of such application upon the occupants of said premises. When such application is made by the town superintendent of highways, no undertaking shall be re quired of the applicant. Amended by L. 1910, ch. 344. § 194. Appointment of condemnation commissioners, and their duties. Upon the presentation of such petition, the county court must appoint three disinterested freeholders, who shall not be named by any person interested in the proceedings, who shall b residents of the county, but not of the town wherein the highway is located, and who shall not be related by consanguinity or affinity within the sixth degree to the applicant or to any person interested in the proceeding or to the owner of any lands to be taken or affected by the laying out, alteration or discontinuance of a highway, as commissioners to determine the questions mentioned in the last section. They shall take the constitutional oath of office, and appoint a time and place at which they shall all meet to hear the town superintendent and supervisor of the town where such highway is situated, and others interested therein. They shall personally examine the highway described in the application, hear any reasons that may be offered for or against the laying out, altering or discontinuing of the highway, and assess all damages by reason thereof. They may adjourn the proreedings before them from time to time, issue subpoenas and adninister oaths in such proceedings, and they shall keep minutes of their proceedings, and shall reduce to writing all oral evidence given before them upon the subject of the assessment of damages. They shall make duplicate certificates of their decision, and shall |