« ForrigeFortsett »
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, th<t eating 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, if in their opinion and discretion they shall deem such order proper: Provided, That no petition praying for the establishment or vacation of a public road shall be receiv-ed by the said court unless the said petitioners, or some of them, shall have given twenty days' public notice of such application, by a written notice, posted up in the most 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 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. for Sec. 13. Any person or persons desirous of having a cart 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 of land 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 lor viewing such road, appoint three freeholders to view the same: Provided, That twenty days' notice shall be given of the intention to present such petition, to each, person resi• ding 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 kept in the court house, for the same period 01 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 opinion 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 rofid, 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 orchard, garden, door or barn-yard: And provided, also, That Further proif any owner of land shall object to the opening such road, F18°' 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 damages, 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.
Petition cart road.
Sec. 14. The county commissioners' court of each county in this State, at their March term, annually, shall fix and dauvTMbe£ach ot enter upon the records of their court, a certain number of man shall days that each able-bodied man between the age of twenty- work. OA& 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 iu.said county.
Sec. 15. The county commissioners' court of each and every county shall, if in their opinion the public good requires Com'rs oourt it, and not otherwise, in addition to the work required in theto asaess taxpreceding 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 Dllty o(Cutil. 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
Duty of supervisors.
each person properly belongs; which lists shall be handed to the sheriff, and by him delivered to the respective supervisors. And any clerk er 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.
Sec. 17. It shall be the duty of each supervisor to call on all able-bodied male persons over twenty-one and under fifty years of age, in his district, to perform the number of days' labor due for the year, giving such peison at least three days' notice of the time when, and place where, the work is required,j 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 him 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 time, with the tool directed to be brought, and when on the road, that each person shall work industriojsly 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 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.
Sec. 18. The tax list being placed in the hands of the supervisor, he shall notify each person residing in said supervisor'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 dollar 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 least 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 collected, with twenty-five per cent. advance. 1"
Sec. 19. It shall be the duty of supervisors to sue in boraiul taxes.tne name of tne county commissioners, in their official capacity, for all labor and taxes which shall be due from each parson residing in their respective districts, and remain unpaid after notice shall have been given, and a failure to settle the
To sue for la- .
same as provided in the foregoing sections; and having collected the same, shall without delay disburse the money to the best advantage on public roads in the district to which such labor or tax properly belongs. In all cases the supervisor shall be a competent witness in suits brought as above staled; and an appeal may be taken to the circuit court by either party, as in other cases of appeal from justices of the peace.
Sec. 20. Every supervisor shall endeavor to collect all road and labor tax, and close the work by the twenty-fifth le't^by 25tb of December, annually. And they are absolutely bound to re- December, turn to (he clerk of the county commissioners' court the tax list, by the first of January, marking carefully and truly the amount paid on said road tax list, how much in work, and the amount in money by e'"ch individual named, and shall give a receipt to each individual if requested. The clerk and collector shall give credit on the general tax list, to each person, for the amount paid, and the balance due shall be collected by (he proper officer out of the goods and chattels, lands and tenements of the person owing, in the same manner as other revenue for theStare and county shall be collected. All moneys collected as above, after deducting the per ]^°^tl°^oi' cent, for collecting and costs paid out to be allowed by the road fund, commissioners' court, shall be set apart in the treasury of the county as a road fund, to be disbursed by order of the commissioners' court, in the erection of bridges, and improvement of such public roads in the county as they may rfeem most advantageous to the public; and in no case shall the court appropriate or divert any portion of said road lund to any other purpose than the construction of roads and road pur- p . poses: Provided, always, That fines and forfeitures incurred under the provisions of this act, shall be applied to the improvement of the public mads within the bounds of such road district wherein such fines and penalties may have been incurred.
Sec. 21. Supervisors are hereby authorized to hire teams Supervisor to to do the necessary hauling, ploughing and scraping, to con-hire tenm8tract for mateiials for building bridges, causeways, erecting guide-boards, for making and furnishing road fcrapers, and repairing roads in discharge of labor and road tax due, and so far as funds shall come into possession, procuring said teams, materials, implements, and work, on the best possible terms.
Sec 22. All power, jurisdiction and control, is hereby Jurisdiction, given to the county commissioners' court of the several counties, of and concerning State roads, roads located directly by the Slate,'and;the same shall be opened, improved and kept "in repair as other roads in the counties, subject to alteration, change and relocation, as hereinafter pointed out.
Sec 23. When any person or persons desire a change proceeding in or relocation of any State road now located, notice of such relocating intended application shall be given by setting up advertise- re8-01
ments in writing, at least one in each road district through which said road shall pass, and on the court-house door, twenty days previous to the sitting of the court to which application shall be made; and on petition of a majority of the qualified voters of each road district through which said road shall pass, and a majority of the voters living immediately in the vicinity of such road, the court shall appoint three viewers to examine and make the necessary relocation; they shall carefully view the road as located, and the ground for the proposed route, and being of opinitn that the public good requires an alteration, in view of obtaining a more suitable place to erect a bridge over a stream, wind a hill, avoid a swamp, expensive work, or where the present road greatly damages an individual, and can be varied without material damage to the public; in such cases alterations may be made; and a majority of said viewers being of that opinion, they shall cause a survey and relocation to be made, returning to the commissioners' court a plat with the courses and distances of the road as established. But if they consider an alteration not necessary, they shall so report, and the court may confirm and accept the report, or take such further action thereon as to them may seem right. In like manner, any State road now established, which may be considered useless or burthensome, on notice, petition, view and report to that effect, as required in this section in case of an alteration, the same may be annulled and vacated.
Sec. 24. That when it shall become necessary to have a Viewers to be State or county road now located and established, altered, appointed, relocated, or vacated at a county line, or a new road laid out, the same being petitioned for, and notice given, as required in the preceding section, the same shall be agreed on by viewers from each county, to be appointed by the counties immediately interested, and no road shall be altered at a county line, or elsewhere, unless a majority of the viewers apProviso pointed agree on such change or alteration: Provided, That no application shall be acted upon, or viewers appointed, as contemplated in the preceding sections, unless the petitioners deposite money sufficient to pay the viewers in case an unfavorable report be made, to be refunded should the road be located, altered or vacated, as petitioned for. And the petitioners, in case a new road shall be established, or a change in the location of a road, shall contribute one day's work on the same or some other road in the county, as required in the ninth section of this act. In case of a disagreement in the location or alteration of any road crossing a county line by the county authorities, either county may appeal to the circuit court, who shall hear and determine the case, grant a review, appoint viewers, and make such order therein as shall seem right in the establishment of the road in dispute.
Sec. 25. AH roads shall be surveyed, and a plat, with the courses and distances thereof, returned with the report of