or preservation of said road, doing, however, as little injury to the owner of such land as possible. ful injury to SECTION 47. Any person who shall willfully break Penalty for wildown or destroy such dams or stop or fill said ditches dams, &c. or drains, shall forfeit five dollars for every such of fence, to be recovered in the name of the said supervisor before any justice of the peace of the proper county, and applied to the opening and repairing of roads in said districts. terials. SECTION 48. Every supervisor shall have full pow- May take maer to enter upon any unimproved lands, adjoining or near the roads, and gather, dig or cause to be dug any gravel, sand or stone, or cut down any wood or trees and carry off the same, that shall be necessary for the making or reparation of said road, doing, however, as little damage as may be to the owner of such land." SECTION 49. If any person feels himself aggrieved by the removal of such timber, stone or gravel from his, her or their land, such person may apply to the board of commissioners, who shall appoint three disinterested electors, who after taking the proper oath or affirmation, shall proceed to assess the damages, if any there be, which shall be paid out of the county treas ury. SECTION 50. Every supervisor shall erect and keep Must erect a post at the forks of every road or highway within guide posts. his district, containing a legible inscription directing the way and showing the distance to the most remarkable place on each road, respectively, under a penalty of five dollars. jury thereto. SECTION 51. Any person who shall intentionally Penalty for indemolish such post or deface or alter any inscription thereon shall for every such offence forfeit and pay to said supervisor ten dollars, to be recovered before any justice of the peace of the proper county for the use of the roads in said district. SECTION 52. If any person shall obstruct any public road unnecessarily and to the hindrance of passengers, such person shall forfeit a sum not exceeding ten dollars, to be recovered in the name of the proper supervisor. SECTION 53. The supervisors respectively shall as often as informed of such obstructions commence suit against the person obstructing as aforesaid before any justice of the peace of the proper county or township, Pay of supervisor. Penalty for which suit shall be prosecuted as for debts of a similar amount. SECTION 54. Every person fined as aforesaid shall forfeit one dollar for each day he may suffer such ob struction to remain, to the hindrance of passengers, to be recovered as aforesaid. SECTION 55. When a public road or highway shall run through or border on any plantation and become obstructed by the falling of trees or otherwise, it shall be the duty of the owner of such plantation to remove such obstruction as soon as the same shall come to his knowledge, for which the supervisor of such road shall give him a reasonable compensation by a credit on his liability to work on roads. SECTION 56. Each supervisor shall be allowed one dollar and fifty cents per diem for each day he may be necessarily employed in the discharge of his duties, to be paid out of any moneys by him collected for road purposes in the district over which he presides, except two days for his personal liabilities and the amount of his road tax assessed at one dollar per day. SECTION 57. In all cases when the supervisor shall neglect of duty. willfully fail or neglect to keep his said road in good repair or to faithfully appropriate moneys collected or received for the use of his road or in any manner to comply with the duties required of him by this act he shall forfeit and pay a sum not exceeding ten dollars, to be recovered before any justice of the peace of the proper township to the use of his said road district. SECTION 58. Whenever in the opinion of the board of commissioners the public convenience shall require that a bridge should be built over any water course, they shall direct the supervisor to build the same if they deem it expedient or they may appoint three resident persons of the proper township as superintendents of the building thereof. How bridges to be built. SECTION 59. The said superintendents shall take an oath or affirmation before some person duly authorized to administer the same, faithfully to discharge their duties; a certified copy of which shall be filed in the clerk's office of said board. SECTION 60. The said superintendents shall advertise in the most public places in the county the time and place they will contract with some fit person to build such bridge, which contract shall be in writing signed by the parties contracting and filed in the proper clerk's office. SECTION 61. The board shall allow the said superintendents a suitable compensation for their services out of the county treasury. SECTION 62. Bond and security shall be required from the undertaker of such bridge which shall be approved of by the Board of commissioners. SECTION 63. The board may receive from individuals subscriptions and donations as a contribution towards the building of such bridge, which shall be applied accordingly. SECTION 64. If in the opinion of the board it Toll bridges. would be of public utility to have a bridge built over any creek or water course where money cannot be obtained by donation or taxation without oppressing the people to build the same, they are hereby authorized to empower any individual or individuals to build the same under the rules and regulations that ferries are established: provided, the person or persons building such bridge shall always be bound to transfer the same to the county at ten per cent. on cost when the board shall be willing to purchase the same. SECTION 65. The board may appropriate any money Rate of comthat may be in the county treasury belonging to the pounding for road funds, to the building of bridges in said county. labor. SECTION 66. Each supervisor shall cause all the SECTION 67. If any supervisor shall fail to compel Penalty on supervisor for the hands of his district to work out the full time reFailure of duty. quired of them by law, or pay the money required by this act, or shall fail to keep or return an accurate account of the work done or money collected as aforesaid, or shall fail to pay over to his successor the money which may remain in his hands unexpended as aforesaid, he shall, for each offence, pay not less than ten nor more than fifty dollars, to be recovered in the name of the board of commissioners, before any jus tice of the peace, for the use of his road district, which shall be paid by the justice collecting the same to the successor of said supervisor, and give him therein a list of all judgments obtained by his predecessor, not collected, who is hereby authorized to collect the same as if they were obtained in his own name. May purchase tools. When appli money with SECTION 68. Each supervisor shall be authorized to purchase, with moneys in his hand arising from fines collected from delinquents in his district, ploughs, scrapers, crow-bars, hammers and other necessary implements. SECTION 69. When any public road shall be established, or has heretofore been established, on a county line, the board of commissioners in their respective counties, shall cause the same to be opened and repaired in the same manner as if the whole of said road was in the limits of the county. SECTION 70. Be it further enacted, That in all cases cant to deposit where application is made for the vacation of any road commissioners. or the location of any new road or cart way, under the provisions of this act, such applicant or applicants shall deposit, in the hands of the clerk of the board of commissioners, a sufficient sum of money to pay all expenses of the viewing of such road or roads; and if the report of the viewers be favorable or unfavorable, the money so deposited shall be appropriated to the payment of such costs, and view of such road, or refunded to the person or persons depositing the same, agreeably to the foregoing provisions of this act. And taxed two days every person applying for such new road, shall con tribute two days' labor in addition to the num ber of days assessed to him by the board of county commissioners towards the making of such road. The clerk of the board of commissioners, shall furnish each of the supervisors, through whose road districts each new road shall pass, with a list of the persons Petitioners extra labor. who petitioned for the same, and any such petitioner who shall not reside within some district through which such new road shall pass, shall be required to perform the two days' labor herein required of him, under the direction of the supervisor of the nearest road district, and for failing so to do he shall be fined after being duly notified as provided in the foregoing provisions of this act. where super tax. SECTION 71. Be it further enacted, That in all cases Proceeding where a supervisor is unable to collect the road tax visor is unable from any person within his district, from the goods to collect road and chattels of such person, or property assessed, agreeably to the foregoing provisions of this act, it shall be the duty of such supervisors to return a list of such delinquents to the board of commissioners of the proper county, which list shall be certified under oath by said supervisor to be correct. And the said commissioners at their next session shall furnish the sheriff of the proper county with a true copy of the list of all such delinquents, who shall thereupon proceed to sell any property real or personal upon which such tax has been assessed by said board of commissioners, or so much thereof as will pay the tax and all costs accrued thereon, in the same manner, and under the provisions, that the county revenue is collected in such cases. And when such collection is made, the county commissioners shall order the same to be paid to the supervisor in the district in which such delinquent property has been returned, and said supervisor shall appropriate the money so collected as herein before provided; and further, in case of collection of any tax assessed as before provided, there shall be no stay of execution, any other law to the contrary notwithstanding. clause. SECTION 72. Be it further enacted, That from and af- Repealing ter the organization of the board of commissioners in the several counties in this territory, all acts and parts of acts contravening any of the provisions of this act are hereby repealed and of no effect. Approved Jan. 15, 1838. |