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

are empowered and required to contract for
the building or repairing of the same; and
/ upon every such contract or agreement, bond
and security shall be given by the undertaken,
| payable to the county commissioners and their
successors, for the use of the county, with con-
dition for performing the same, and shall
| be kept by them, and shall be prose
cuted at the cost or for the benefit of the
county, or any person sustaining damage by the
breach of the same; and all such contracts
shall be available and binding upon the said
county commissioners and their successors, SO
as to entitle the undertaken to his stipulated
compensation, in the funds regularly appro-
priated for opening, improving, and repairing
roads, or to an action of debt against the said
commissioners refusing to pay the'same out of
any funds in their hands appropriated to the
purpose aforesaid.
Sec. 8. Be ii further enacted, That when any
bridge or causeway as is mentioned in the 9TH
section of this act, is to be built, made or re-
paired, it shall be the duty of the county com
missoners to give public notice, by advertise
ment put up at the courthouse door for six
weeks, describing the work to be done, and
requiring persons who may be disposed to take
the same, to send to them at their next court
after the expiration Of the said six weeks, writ
ten and sealed proposals, and they shall con-
tract with the person or persons offering the
best terms, regard being had to the character
and suficiency of the security proposed for the
faithful performance of the contract; and when
such contract shall be fulfilled on the part of
the undertaken, the consideration money shall
be paid faithfully by the commissioners, but
should the funds in their hands be insufficient
TO discharge the same, thenthe said undertake r
shall be entitled to interest at the rate of six
per cent per annum on the amount which may
remain unpaid, until it be fully paid and dis
charged ProUiaed howeuer, That if no pro-
posas be furnished to the county commission
eIs, in form as aforesaid, or such only IS they
may deem unreasonable they are in either case
authorized to let the building, making, or re-
pairing any such bridge Or causeway to the
lowest bidder, at a public letting of the same,
ten days notice being given of the time, place,
and condition of letting the same; and the
contract SO entered into, and the bond given
by the contractor or undertaken, shall in all
things be considered and disposed of as con-
tracts, and bonds made and given upon sealed
and written proposals
Sec. 9. Be it further enacted, That whenever
it may be necessary to build any bridge or
causeway by contract, and the state of the coun-
ty treasury is not such as to justify the county
commissioners in entering into contracts au-
thorized by the 9Th section of this act, then and
in that case the said commissioners are author
lzed and required to open, and keep open for
four weeks, commencing on the first day of a
court, book for subscription for individuals
for effecting this object, and the subscribers
shall receive from the commissioners a certif-
cate of the amount subscribed, and they shall
be entitled to receive from the commissioners
six per cent. per annum, for monies so subscrib-
ed, payable half yearly out of the county trea-
sury; the principal to be refunded in three
years or sooner, if the funds will admit of it.
Sec 10. Be it further enacted, That the SUI
perv, ors appointed under this act are requir-
ed as often as the roads and highways within
their precincts shall be out of repair, or when
any new road shall be laid out and directed to
be opened by the proper authority, to hire and
employ sufficient number of laborers to work
upon, open, clear, and repair the same in the
best manner, and to purchase wood and other
materials for that purpose, to hire or employ
wheel carriages and teams by the mode direct
ed by the 9th section of this act and it shall
be the duty of the said supervisors to oversee
said laborers, keep them steady at work, and
take care that the opening, clearing, and re-
pairing of said roads and highways, be efFec-
tual and according to the meaning and object
of this act; and the said supervisors shall make
out fair certified account of all the purchased
materials, and other expenditures authorized
by this act, and present the same to the county
commissioners, who shall pay the same out of
the county treasury. And in order to enable
the said supervisors more efsectualy to per.
form their duty, it shall be lawful for them or
other persons under their direction and au-
thority, to enter upon any lands adjoining or
lying near the public roads or highways within
their respective precincts, and to cut or open
such drains or bitches through the same as he
or they may think necessary completely to
convey off and drain the water from such
roads: Prouided, The same can be done with
out material injury to the owner or owners of
such lands, and the said drains Or bitches shall
be kept open if necessary, and shall not be
stopped or filed up by the owner or owners
of such lands or any other person, under a Pc
nalty of ten dollars for every offence, to be re-
covered before any justice of the peace of the
county, to go for the use of the county COM
mlssoners.
Sec. II. Be it further enacted, That all pub
| lie roads and highways established by lawful
authority, shall be opened, amended, and kept
in repair agreeabyto the directions of this act,
and the court of county commissioners, in their
RESPECTIVE counties, shall have authority upon
application to make and enforce all orders ne
cessary, as well fer opening all new roads
| which may be useful and convenient, as to va
cate any public rosd or part thereof, which
upon inquiry shall be found useless and bur-
thensome: Provided however, That no public
road shall be discontinued, if the county CON-
missioners of the county into which it leads
shall object to the same, and undertake to de-
fray moiety of the expense of keeping up
the same.
Sec -. Be 1t further enacted, That previous
to any application being made to the court OF
county commissioners, for an order to lay out