any removal


shall be filed at the term of the court at which
shall be made or vacancy occur.

Sec. 6. It shall be the duty of each supervisor to cause all Duty, of su- the public roads within his district to be kept well cleared, pervigor, smooth, and in good repair-causing all stumps to be cut low,

so as to afford at all times a free and safe passage to wagons and other carriages along such roads; to cause bridges and causeways to be made wherever the same shall be necessary and to keep the same in repair; and to cause to be erected and kept in repair, at the forks or crossing place of every public road, a post and guide-boards, with plain inscriptions thereon, in letters and figures, giving the direction and dis

tance to the most noted' places to which said roads may lead. When road is

Sec. 7. Whenever any public road shall be obstructed by fallen timber, or in any other manner, and when any bridge or causeway shall be destroyed or become impassable or dangerous to travellers, it shall be the duty of the supervisor to cause such, obstruction to be removed, and to have such bridges or cause ways rebuilt or repaired; and for that purpose he shall call out the persons bound to labor on the road in his district, or as many of them as may be necessary, but if the persons bound to perform such labor in his district, shall have previously performed the number of days required by this act, or if the labor due from such persons shall not be sufficient, he shall then proceed to hire as many laborers or teams as

may be necessary to remove such obstruction or repair such Proviso. damages: Provided, The costs shall not exceed ten dollars; and if the cost of such work shall be estimated by said

supervisor to exceed ten dollars, then he shall report such obstruction or damage to any two or more of the county commissioners, whose duty it shall be immediately to cause such obstruction to be removed, or such bridge or causeway to be rebuilt or repaired, as the case may be, either by ordering the supervisor to hire laborers and teams for that purpose, or by ma- . king a contract with some fit person or persons, as they may decm best; and all moneys required to carry any of the provisions of this section into effect, shall be paid out of the county treasury, on the order of the county commissioners'

court. Penalty Sec. 8. If any person shall obstruct any public road, by obstructing falling a tree or trees across the same, by encroaching upon

or fencing up the same, or by placing any other obstruction therein, he shall forfeit, for any such offeace, a sum not exceeding ten dollars, and a sum not exceeding three dollars for every day he shall suffer such obstruction to remain, after he shall have been ordered to remove the same by any supervisor, county commissioner, or justice of the peace; and if any person shall purposely destroy or injure any bridge or causeway, or remove any of the timber or plank ihercof, or destroy or deface any guide-board, post, or mile-stone, on a public road, or dig any drain or ditch across a public road, such



person so offending shall be indicted or sued before a justice of the peace, and on conviction, shall be fined in any sum not less than five dollars nor more than one hundred dollars, except bridges, which shall be double the value thereof; and for burning a bridge, to be punished agreeable to the criminal code: Provided, however, That this section shall not be con

Proviso. strued to extend to any person who shall lawfully cut down any timber for rails, fire wood, or other purposes, and who shall immediately remove the same out of the road; nor to any person through whose land a road shall run, who shall dig a ditch or drain across such road, and shall keep the same in good repair.

Sec. 9. No new road shall be opened by order of the No new road county commissioners' court, unless the same shall be applied to be opened. for by at least thirty-five voters, residing within five miles of the road proposed to be laid out or altered, except in counties which shall not have more than three hundred voters, when only fifteen shall be required. Such applicants shall deposite in the hands of the clerk of the county commissioners' court a sufficient sum of money to pay the viewing. If their report be in favor of establishing the road, the money so deposited shall be returned to the persons who deposited the same; but if the report be unfavorable, the expenses of the view shall be paid out of the money so deposited; and every person apply. ing for such new road shall contribute one day's labor, in addition to the number of days required by this act, towards making such road. The clerk of the county commissioners' Duty of clerk. court shall furnish each supervisor through whose road district such new road shall pass, with a list of the persons who petitioned for the same; and any such petitioners who shall not reside within some district through which such new road shall pass, shall be required to perform the day's labor herein required of him, under the direction of the supervisor of the nearest road district; and for failing to do so, after being duly notified, he shall be fined in the sum of one dollar. Sec. 10. When a new road shall be applied for, as afore- Court to ap

point viewers. said, the county commissioners' court shall, if in their opinion the public good and convenience require it, appoint three suitable persons to view the ground proposed for the same; and if, after such view, the viewers shall believe the road applied for to be necessary, taking into consideration the expense of constructing the same, and its utility to the public, they shall proceed to locate and establish the same, on the nearest and most eligible route from point to point given, having due regard to private property; causing the same to be surveyed; designating its course through prairies and improved land by fixing stakes in the ground, or by ploughing two furrows at the distance apart of the full width of the road, and through the timbered land by marking the trees; and shall make report thereof to the next county commissioners' court; but after the view, if they deem such road


unnecessary or improper to be made, they shall report their opinion to that effect to the next term of said court.

Sec. 11. Whenever it shall be represented to the county Manner of va-commissioners' court, by a petition of thirty-five voters, that cating road. a public road established by said court, or any part thereof,

is useless or burthensome, the said court upon a sufficient sum of money being deposited with the clerk to pay the expenses of a review, (such money to be returned, if the road shall be declared useless,) shall appoint three suitable persons to view the same, who shall report to the said court at the next term after such appointment, whether such road be useless and burthensome, together with their reasons for such opinion; and the county commissioners may then order such road to be

vacated, is in their opinion and discretion they shall deem Proviso such order proper: Provided, That no petition praying for

the establishment or vacation of a public road shall be received, by the said court unless the said petitioners, or sonje of them, shall have given twenty days' public notice of such application, by a written notice, posted up in the inost public place in each road district through which the road or proposed road shall pass, and a like notice, particularizing the route and important points, on the door of the court house, and of the county clerks' office, should it be kept in a separate building.

Sec. 12. Whenever a new road shall be located, the Duly of pervisors.

county commissioners shall immediately cause the supervisors of each district through which such road shall pass, to be notified of such location; and it shall be the duty of the said supervisors to make such roads within their respective districts and keep the same in repair, so far as the labor of the persons bound to work on said road shall enable him; and if such labor be insufficient, the county commissioners shall cause the same to be cut out and opened at the expense of the county, whenever, in their opinion, the funds of the county will justify such expense; and after being so opened, the same

shall be kept in repair by the supervisor, as in other cases. Petition for

Sec. 13. Any person or persons desirous of having a cart cart road. road laid out, for his or their convenience, from the dwelling

or plantation of such person or persons, to any public road, or from one public road to another, or from one lot otland to another, shall present a petition to the county commissioners' .court of the proper county, setting forth the reasons for desiring such road, and describing the points from and to which said road or cart-way is desired to pass; and the court shall, upon a sufficient sum of money being deposited to pay for

viewing such road, appoint three freeholders to view the Proviso.

same: Provided, That twenty days' notice shall be given of the intention to present such petition, to each person residing in the county through whose land such cart-way is desired to pass; and also, by posting up a notice thereof on the door of the court house, and clerk's office of the county, if not

[ocr errors]


kept in the court house, for the same period of twenty days; and the viewers, when appointed, shall examine the route proposed for such road, and shall examine any other route which they may deem proper; and if they shall be of opin. ion that a cart-way is necessary and proper, from and to the points named in the petition, they shall lay out the same in such manner as to produce the least inconvenience to the parties through whose land the same shall pass, and shall make a written report to the court, describing the route of the road, and the numbers of the lots of land through which the same shall pass, and naming the owners thereof, if known; which report shall be examined by the court, and on hearing the objections, if any, and if the court shall be of opinion that the road is necessary and right, an order shall be made establishing the same, not exceeding thirty feet wide: Provided, Proviso. That no such road shall be allowed to pass through any or. chard, garden, door or barn-yard; And procided, also, That Further proif any owner of land shall object to the opening such road, the same shall not be opened by the person or persons desiring the same, until the person or persons objecting shall be paid all the damages to be sustained by the opening thereof; and in case the parties cannot agree on the amount of dama: ges, the same shall be ascertained and assessed as hereinafter provided; and the damages being paid on final decision, the person or persons applying therefor, their heirs and assigns, shall have the right to open said, road, and shall have the right of way upon the same forever thereafter.

Sec. 14. The county commissioners' court of each county in this State, at their March term, annually, shall fix and

days each enter upon the records of their court, a certain number of man days that each able-bodied mun between the age of

twentyoué and fifty years, shall labor upon some public road within the co.nty, during the year: Provided, That in no case shall Proviso said court be authorized to fix the number of days less than one, or to exceed five days, as a requisition in labor. The clerk of said court shall append the number of days fixed as aforesaid to the notice of each supervisor appointed in said county.

Sec. 15. The county commissioners' court of each and every county shall, if in their opinion the public good requires Com’rs court it, and not otherwise, in addition to the work required in the to assess tax. preceding section, at the March term annually, assess a road tax of not more than ten cents on every hundred dollars worth of taxable property, real and personal, or either, and a column in the tax-book shall designate the amount of road tax due from each person to be collected.

Sec. 16. The clerk of the commissioners' court, immediately on return of the assessor's book, shall make out a list Duty of clerk, of the names of all individuals owing road tax, in each road district in the county, with the amount of tax due therefrom, ascertaining the residence of, and the road district to which


[ocr errors]




each person properly, belongs; wbich lists shall be handed to the sheriff, and by him delivered to the respective supervi

And any clerk or sheriff who shall fail or neglect to perform the duty required in this section, within the time given to each, as specified in the fourth section of this act, in serving notices on supervisors, shall be fined in the same sums

as stated in said section. Duty of super

Sec. 17. It shall be the duty of each supervisor to call visors. on all able-bodied male persons over twenty-ope and under

fifty years of age, in his district, to perform the number of days' labor due for the year, giving such person at least three days' notice of the time when, and place where, the work is required, and stating what description of tools to bring; which notice shall be given by the supervisor in person verbally, or by a written or printed notice, or by some person appointed by trim to warn in the hands; in which latter case the notice shall be written or printed, and signed by the supervisor. The supervisor shall observe the hour appointed to meet, that each individual do appear at the timc, with the tool directed to be brought, and when on the road, that each person shall work industriously and diligently, doing at least eight hours faithful labor in each day, at such work and in

such manner as shall be directed by the supervisor. Any Penalty for neglect.

person neglecting or failing to attend and do the work due on the roads, after being notified as above stated by himself, or a substitute equally able as himself, shall pay for each day one dollar. Should any person be idle, not work diligently, turbulent, interrupt other hands, or disobey the supervisors, power is hereby given, and it shall be the duty of the supervisor to discharge said hand from the road; and for each day's labor which may then be due from such person, he shall be

bound to pay one dollar and fifty cents. Duty of su

Sec. 18. The tax list being placed in the hands of the supervisor. pervisor, he shall notify each person residing in said supervi

sor's district of the amount due, and that the same may be discharged in labor; and shall thereupon request payment in money or labor, firstly notifying the individual of the time and place to attend and work the same out at the rate of one doltar per day, bringing with him such tools as may be directed by the supervisor, the labor to be performed by the principal or a substitute equally able, working industriously at feast eight hours each day, and may, for any of the causes in the foregoing section, idleness, turbulence or disobedience, be discharged from the road by the supervisor, and the balance due shall be collceted, with twenty-five per cent. advance.

Sec. 19. It shall be the duty of supervisors to sue in To sue for labor and taxes. the name of the county commissioners, in their official capa

city, for all labor and taxes which shall be due from each person residing in their respective districts, and remain unpaid after notice shall have been given, and a failure to settle the

« ForrigeFortsett »