Edwardsville spectator. [volume] (Edwardsville, Ill.) 1819-1826, 1819-08-14

phd out OF the county treasury; but IT obJec-
tons are made in manner aforesaid, the court
shall proceed in ike manner by ordering the
same to be viewed as they are authorized in
laying out public roads and highways and the
Judgment of the court shall be conclusive in
the premises, if the same be not appealed from
within nine months after the same is given.
Sec. IT, BE it further enacted, That an APP
peal from the proceedings of any county COM
missioners' court shall be allowed to the cir
cult court, which court shall, if the party or
parties appealing for the same enter into sutli-
cient security for the cost and expenses there
OF, order and appoint another view of such
road, and proceed therein in like manner as
the commissioners courts are enabled by this
act to proceed; and the Judgment of the CIR
cult court shall be final Provided always, That
nothing in this act shall be understood or so
construed as to give authority to any commits
sloners' court to vacate a street or highway in
any city or borough, town or village in this
state, which hath beelflaid out b. the propre-
tors thereof, or any other person or persons
and intended for public use; nor to vacate any
road laid out by the proper authority but
which is not rePairable at the public expense,
nor any road claimed by private right.
Sec. 10. Be it further enacted That if any
person or persons shall, for the convenience
of themselves or their neighbors, wish to have
cart road laid out from or to the dwelling or
plantation Of any person or persons, or ron
or to the public road or highway, or from
one highway to another, the person or per-
sons applying for the same shall advertise their
intention, as by this act required in the case
OF highways, and upon reading the petition in
court as before directed, the court shall direct
view of the same, and upon return being
made, if there are no objections, the court
shall further direct the same to be laid out in
proper manner; but the breadth thereof
shall not exceed thirty feet; the same to be
done under the direction of a supervisor of
the road and il shall not be necessary for a
survey to be made of the same.
Sec. %. BE ii further enacted, That every
road or cart way laid out in pursuance Of this
act, not exceeding thirty feet in width, the
expense of laying out the same being first
paid by the petitioner or petitioners for such
road, shall be recorded, and thence forward
shall be allowed and declared common road
or cart way, as wellfor the use and convenience
of the person or persons at whose request the
same was laid out, and for the use and conve-
nience of all other persons who have occasion
to traye, the same; and shall be opened and
maintained by the persons petitioning there
for: Propided nevertheless, That if any person
shall be injured by the running of the sad
road Or cart way through his or her improved
land, the same shall be made known to the
county commissioners, at their next court;
and unless the party praying for the opening
SAID road, shall pay to him or her complaining
Of the same the amount of the damage done to
his or her lands by the running of the sad
road, to be ascertained by three ffeeholdels
appointed by the court, the said road shall not
be so opened.
Sec. 81. Be IL further enacted That if any
owner or owners Of any land through which
such cart road may run, shall be DESTROYS Of
improving his or their lands they shall be per-
mitted to turn the same, provided the ground
on which they propose turning it is equally as
good for . road, and shall not increase the
distance more than one tweatieth part there
OF, or shall be permitted to hang swinging
gates upon such cart road or roads, but shall
at all times keep the said gates in good order
and repair, under the penalty Of two Collars,
10 be recovered before any justice of the
peace for the proper county, by any person
prosecuting for the same.
Sec. %. Be it further e'lacssd, That every
supervisor shall be entitled to receive five per
centum on all monies collected by him, and
one dollar and fifty cents per day for superin-
tending any number of hands not less than
ten; and such further compensation as the
court of county commissioners may think
reasonable.
Sec. %. BE it further enacted, That if any
person Or persons shall obstrllct stop, narrow,
or encroach upon any public road or highway,
he or thev shall for every such offence, forfeit
and pay fifteen dollars, and five dollars for
each day he or they shall permit such stop
ping, narrowing, encroaching, or obstruction,
after receiving notice to remove the same
from the supervisor Of such road, or the coun-
u commissioners, and every person or per-
SONS who shall do any damage to the abut
ments, or shalt take up OF destroy any plank
or timber attached to, or belonging to any
bridge erected at the expense of the county,
or shall cut or pull down any railing from
the same, he or they shall be compelled to re-
pair in proper manner, or pay the cost OF re-
pairing the same, and forfeit ten dollars for
every such offence to the county commission
ers, for the use of the county: Piovidea al
1oaHs, That after any public road is opened
and made passable, although such road may
not be completed agreeable to the provisions
Of this act, any person or persons obstructing
the same, shall be liable to the same penalties
as if the same had been completed agrecably
TO law.
Sec. "a. BE it further enacted, That if any
person shall demolish any sign post, deface
or alter any inscription thereon, with intent
to destroy the utility thereof, he, she, or they
so offending shall forfeit and pay ten dollars.
Sec. IS. BE it further enarted, That if the
county commissioners shall refuse or neglect
to perform any duties required of them by this
act, the grand jury shall, on information at the
next session Of the circuit court for the proper
county, present the same, and the said CON-
missioners may be fined for such neglect or re-
fiisal at the discretion of the court. in any sum
not exceeding one hundred and fifty dollars
FOR each such ncclcct or refusal.