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insufficient. State ex rel. Dangberg v. Douglas Co., 27 Nev. 469–475 (77 P. 984).

The word "shall" preceding "within thirty days thereafter," should be construed to mean "may." Idem.

3016. Width of roads.

On the presentation of a petition signed by two persons, who constitute a majority and the only taxpayers in the road district, for the vacation of a road, the duty of the board is discretionary and not mandatory. Idem.

SEC. 11. The width of all public highways hereafter constructed shall be regulated and established by the boards of county commissioners; provided, no such highways shall exceed in width sixty feet. As amended, Stats. 1885, 49; 1877, 143.

The omitted sections and portions of sections are rendered void by the act of 1887, 99, abolishing the office of road supervisor.

An Act in relation to erection and maintenance of bridges.

3017. Maintenance of bridges.

Approved February 21, 1877, 81

3018. May be maintained from general fund or special tax.

3019. Commissioners must advertise for bids, when.

3017. Maintenance of bridges.

3020. Freeholders may petition—Advertisement.

3021. Commissioners to decide necessity and character of bridge.

SECTION 1. All public bridges, not otherwise specially provided for, are maintained by the road district in which they are situated, the districts which they unite, and the county at large, in the same manner as highways, and under the management and control of the road overseers and board of county commissioners; the expense of constructing, maintaining, and repairing the same being primarily payable out of [the] road fund of the district or districts in the hands of the county treasurer.

3018. May be maintained from the general fund or special tax.

SEC. 2. Whenever it appears to the board of county commissioners that any road district is or would be unreasonably burdened by the expense of constructing or maintenance and repair of any bridge, they may, in their discretion, cause all or a portion of the aggregate cost or expense to be paid out of the general county fund, or a portion out of that fund, or out of any other fund in the county, except school and judges' salary, in which there is a surplus uncalled for; or, they may levy a tax therefor, not to exceed one-fourth of one per cent on the taxable property of the county, annually, till the amount appropriated is raised and paid.

3019. Commissioners must advertise for bids, when.

SEC. 3. No bridge shall be constructed or repaired except on the order of the board of county commissioners, or unless a petition as provided for in section 4 of this act be filed. When the cost of construction or repair of any bridge will not exceed the sum of five hundred dollars, the board of county commissioners shall have the power to let a contract for such construction or repair without advertising or otherwise calling for bids therefor. When the cost of such construction or repair shall exceed the sum of five hundred dollars the contract therefor shall be let to the lowest responsible bidder after notice given by the board of county commissioners, in a county newspaper, for a period of at least two and not more than four weeks' publication, and if there be no such newspaper, then by three posted notices-one at the courthouse, one at the point to be bridged, and one at some other neighboring public place. The bids must be sealed, opened, and the contract awarded at the time specified in the notice; provided, that the board of county commis

sioners shall have the right to reject any and all bids, in which event new notice shall be given in manner and form as above set forth. The contract and bond to perform the work must be entered into and approved by the board of county commissioners. As amended, Stats. 1911, 369.

3020. Freeholders may petition-Advertisement.

SEC. 4. When a bridge, the cost of which will exceed one hundred dollars, is necessary, any five or more freeholders of the road district interested therein, may petition the board of county commissioners for the erection of such needed bridge; the board must thereupon advertise such application, giving the location and other facts, for two weeks, in a newspaper printed in the county; if none, then by posters, one at the proposed location, one at the court house, and one at some other public place in the county, and notify the overseer to attend at a certain time and place to hear the application. 3021. Commissioners to decide necessity and character of bridge.

SEC. 5. On the day fixed to hear the application, proof of the notice given being made satisfactory, the board must hear the petition, examine witnesses, and determine whether or not a bridge is necessary to be constructed or repaired as petitioned for. If found necessary, the board must determine the character of bridge to be constructed or repairs to be made, prepare plans and specifications, invite bids or otherwise let the contract for the construction or repair of same as in this act provided. As amended, Stats. 1911, 369.

An Act to provide for the better preservation of public roads and highways.

Approved March 5, 1885, 65

3022. Persons conducting water across highways to construct and maintain bridges and culverts.

SECTION 1. All persons conducting water across any public road or highway, or across any street or alley in any unincorporated town in this state, for domestic, mining, agricultural or manufacturing purposes, are hereby required to construct and maintain, at their own expense, good and substantial culverts or bridges, as the case may be, over such crossings, and shall in no case allow any stream of water, diverted from its natural channel for such purposes by them, to flood or wash any public road or any street or alley in any unincorporated town of this state.

See secs. 7596-7601.

3023. Notice to be given commissioners to have work done.

SEC. 2. It is hereby made the duty of the road supervisor, in each and every road district of this state, and in case there be no regularly elected and qualified road supervisor, then it is hereby made the duty of the chairman of the board of county commissioners, to at once notify the party or parties violating the provisions of this act to make such construction or repair as may be necessary, and if such persons shall refuse or neglect to make the same for a period of five days, then it shall be the duty of the road supervisor, or in case of his absence, the chairman of the board of county commissioners, to immediately cause the necessary construction or repairs to be made, and to submit in duplicate to the board of county commissioners and to the district attorney, itemized bills of the expense so incurred, which shall be allowed and paid as other bills against the road fund of the district in which said construction or repairs were made, and in case there be no moneys in the said fund, then out of any moneys in the general county fund not otherwise appropriated.

Office of road supervisor abolished, sec. 3010.

3024. Duties of district attorney.

SEC. 3. It shall be the duty of the district attorney receiving such bill of expense, as provided in section 2 of this act, to immediately commence an action in any court of competent jurisdiction, for the recovery of such an amount as set forth in the itemized bill of expense aforesaid, together with costs of suit.

3025. Disposal of moneys collected.

SEC. 4. All moneys so collected, after paying costs of suit, shall be returned and paid into the fund from which the original bill of expense named in section 2 of this act shall have been allowed and paid by the board of county commissioners.

An Act to provide for the erection of guide-boards on public roads and highways.

Approved February 21, 1879, 44

3026. Guide-boards-Style of board.

SECTION 1. It is hereby made the duty of the board of county commissioners in each county of this state, within ninety days after the passage of this act, to cause to be put up, and to be thereafter kept up, at each crossing or forks of any public roads, or highways in such county, and at each place where a public road or highway crosses or diverges from any private or toll road, a guide-board, having thereon an index or pointer, and the words "to (naming the place or first point of any importance on such road, and the number of miles, as near as may be, thereto) miles." Such number of guideboards shall be put up and so placed at all such points as to enable travelers to readily understand therefrom the road they may wish to travel, in order to arrive at the desired destination.

3027. Owners of toll roads to erect posts.

SEC. 2. The owner or owners of any toll road in this state, having one or more lateral branches, are hereby required, at their own expense, to comply with the provisions of section 1 of this act.

3028. Misdemeanor to deface guide-board.

SEC. 3. Any county commissioner or county commissioners or any owner or owners of such toll road or roads who shall wilfully neglect to carry out the provisions of this act before the 1st day of June, 1895, and every person or persons, who shall wilfully tear down, dig up, or in any manner deface, destroy or carry away any such guide-board as herein provided, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than fifty dollars nor more than three hundred dollars, or by imprisonment in the county jail for not less than one month nor more than six months or by both such fine and imprisonment. As amended, Stats. 1895, 40.

An Act to create the office of road inspector, to provide for work on public roads and to limit the compensation therefor.

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SECTION 1. The office of road inspector is hereby created. The duties of

the office shall be to order, superintend, inspect and approve, if properly done, all work upon the public roads in the road district for which he may be appointed, as well as that to be done by supervisors, if any there be, as that done by other persons; to report thereon to the board of county commissioners, and to approve all proper bills for road work before they are presented to said board for allowance.

3030. Board of county commissioners may appoint.

SEC. 2. The board of county commissioners in each county may appoint one road inspector for each road district now existing or which may hereafter be created in any county of this state, to hold office at the will of said board.

3031. Relative to compensation.

SEC. 3. The office of road inspector shall be without compensation, and no money shall be paid from public funds to defray any expenses incurred therein, or thereby, unless by order of the board of commissioners there shall be especially prescribed a limit of compensation for said office in each road district, which order shall especially name the road district wherein said compensation may be given; and no road inspector shall receive any compensation as such officer, unless such compensation shall have been fixed by the board of commissioners within the limit aforesaid, in and for such road district, previously to his appointment as such road inspector.

3032. Paid from road fund.

SEC. 4. When a compensation is given it shall be paid to the road inspector from the road fund of the district in and for which any services by him are performed.

3033. Compensation fixed by board of county commissioners.

SEC. 5. Such compensation shall be a daily wage and shall not exceed the limit especially prescribed by law for that county; and shall be fixed by the board of county commissioners before the appointment of the road inspector or inspectors who are to receive it. The compensation so fixed shall be in full for all services and expenses of all kinds of said road inspector or inspectors.

3034. Payment for work on public roads.

SEC. 6. Compensation to others than road inspector shall be not to exceed three dollars for a day's work on the public roads by one man, or not to exceed six dollars by one man and a span of two draft animals, and one dollar and fifty cents additional for each such additional span. The person so compensated shall, without additional charge, furnish such tools, implements, vehicle, and other necessary equipment, as may be necessary to his work. As amended, Stats. 1911, 368.

3035. Day's work.

SEC. 7. A day's work on the public roads shall consist of at least eight hours actual labor, exclusive of the time spent in going to and returning from the work, and in no case shall pay be given for more than one day's time between sunrise and sunset of the same day, to or for the same person.

3036. Elko county rate.

SEC. 8. The rate of compensation for road inspector for the county of Elko shall not exceed the sum of two dollars per day for each day actually, necessarily, and economically employed.

An Act providing for the election of road supervisors, for the subdivision of counties into road districts, and matters properly relating thereto.

Approved March 19, 1901, 89

3037. Road districts established in certain counties.

SECTION 1. The county commissioners of each county polling at the last general election eighteen hundred votes or over shall for the purpose of supervision of roads, divide the county into road districts, each appropriately designated.

3038. Supervisor to be elected.

SEC. 2. At every election of county officers, there shall also be elected one road supervisor in each road district, whose duty it shall be to supervise all work upon the roads in his district, and to attest to the propriety of all bills for such work, and to direct the expenditure of all sums set apart for his district by the county commissioners.

3039. Compensation, how fixed.

SEC. 3. The compensation of road supervisors shall be fixed by the county commissioners.

3040. Duty of county commissioners.

SEC. 4. On or before the fifteenth day of April, nineteen hundred and one, the county commissioners shall appoint one road supervisor for each road district to serve and hold office until their successors have been elected and installed.

An Act providing for the appointment of road supervisors in counties polling three thousand votes or over, for the subdivision of said counties into road districts, and matters properly relating thereto, and to repeal all other acts and parts of acts in conflict therewith.

Approved March 24, 1911, 355

3041. Road supervisor in certain counties.

SECTION 1. The county commissioners of each county in this state polling at the last general election three thousand votes or over, to be determined by the vote cast for secretary of state, shall, for the purpose of supervision of roads, divide the county into road districts, each appropriately designated. 3042. Commissioners to appoint.

SEC. 2. The board of county commissioners of said counties shall, at its first regular meeting in January, 1913, appoint and fix the compensation of one road supervisor in each road district, to serve during the pleasure of the board of county commissioners.

3043. Duties of road supervisors.

SEC. 3. It shall be the duty of road supervisors appointed under the provisions of this act to supervise all work upon the roads in his district, to attest to the propriety and correctness of all bills for such work, and to direct the expenditures of all sums set apart for his district by the board of county commissioners; provided, that no bills shall be contracted nor any money expended by said road supervisor, unless he shall have first obtained the consent and approval of said board of county commissioners.

3044. To take official oath.

SEC. 4. Each road supervisor appointed under the provisions of this act shall, before entering upon the duties of his office, take the oath prescribed by law, and execute a bond to the State of Nevada, to be approved by the

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