Martinsburg gazette. [volume] (Martinsburg, Va. [W. Va.]) 1833-1855, 1835-03-26

n
ions Of two important laws, passed at The late
..ss;oa Of the General Assembly, taken from the
General Road Law, and the Mill
tia Law:
IA An act 10 provide for tho opening
and ren.ir OF the public roads IN this Com
monweal,h requires the County Courts
at their May terms, TO appoint
no less than two. nor more than five com
missioners Of roads; all applications for
in existing roads, or opening |
Of new roads, TO be referred 10 them; II
neither Of The commissioners are survey |
ors, they TO be authorized to employ one
to assist them 10 report TO Court apon
the expediency Of the alteration or propo |
sed road, the Court to permit The altera
ton, or to order the road to be opened at
their discretion, issuing writ oil al quod
dan,nuna to ascertain the damages sustain
ed by individuals If they adjudse that
the road should not DO opened or chang
ed, the costs TO be paid by the applicant;
gives to The Conrts power 10 discontinue
any but post roads. upon one months no
tee having been given at the Court house
door, and after the application for such
reported TO be expedient by said commits
sioners; the Courts TO divide the roads
into precincts, and when necessary APP
point surveyor over every precinct, who
is required to superintend the keeping the
roads in his precinct in repair; the Court
to appoint all male Iaboring persons over
sixteen and under sixty, TO work on some
road such person to be compelled TO
work, or foefeit not exceeding one dollar
for every failure, such sim TO be applied
to the improvement Of the road the sur
veyers TO keep the roads well drained,
cleared and smoothed. al least thirty feet
wide, unless the width be reduced by the
court, and to cause bridges or causeways
10 be constructed where necessary, at least
twelve feet broad. the materials to be la
kea from any adjacent lands. and where
necessary, first obtaining the warrant of
justice Of the piece. to impress wheel car
riages or ploughs, for making or repairing
the same, the owner 10 be compensated
out of the next county or road levy; au
thorizes bitches to be cut through adjacent
lands to drain such roads; the surveyors
be compensated out Of the county or road
levy to employ sufficient force other than
:ithables to labor on the roads. to be paid
out of said levy; authorizes the courts to
levy money far the removal by gunpow
der. Of distractions Of rock, aud to pnr-
chase implements and tools necessary
therefor. Where bridges and canseways
are necessary. and the surveyor with the
ordinary means cannot make the same,
the court to contract for building or re-
pairing the same, and when between eoun
ties, both to unite and where either re.
fuses TO comply. the other may obtain from
the superior court a writ Of mandamus 10
compel compliance authorizes the coun
| ~ court making such improvements to as
sess and levy upon each tihabe not ex
ceeding one dollar, and upon all prop er'y
other than ,ihahle, not exceeding 35 per
cent upon the amount assessed by the &c
neral revenue laws gives the discretion
| to the courts to direct the commissioner Of
roads annually. or whenever necessary, TO
let out the opening or repairing fthe pub
lie roads. or parts Of them, to the lowest
bidder, and II the contract be approved by
the court, they are TO provide for the pay
ment Of the same out Of the levy 10 be
made the courts TO assess the value per
diem Of the labor of each man. that those
who chose may pay the amount so asses
sed, in lieu Of contributing labor; the con
| tractors empowered TO take materials for
complying with their contracts. and in the
same way as allowed to the surveyor il
deemed expedient. Where the road levy
isresot.ed TO, the courts to lay off the
| roads into precincts, and TO allot to some
precint every person subject to such levy !;
the act prohibits the telling Of trees, or de-
facing OF indexes giving directions to ira.
vellers, and any person SO offending TO be
liable to pay Ss5 SO for every offence;
and where any fence is made across any
! road. the owner or tenant of The land to
pay ST sc cents for every "a hours the
same is continued. The owner Of every
dam over which public road passes to
keep the same In renair prohibits horse
racing in roads, under penalty not less
than $40 nor more than $50, vests in the
courts the power Of establishing puunc
landings after referring the application TO
the commissioners Of roads. and receiving
favorable report from them authorizes
any justice Of the peace. upon his own
view, TO issue warrant against any sur
veyor or other delinquent for default in
keeping any road, bridge, causeway. or
mill dam in repair. and for want of rea
sonable excuse. may give judgement for
the penalty and costs imposed by the act
for such default; or the offenders may be
presented by the grand juries; prosecu.
lion to be commenced within six months
after the offence committed. The act to
take effect from the 18th December next.
2lC. An act 10 amend the several laws
concerning the Militia Of this Common
wealth, and for other purposes; appropri
ates three hundred dollars to erect an
Hospital. TO be attached TO the Lexington
Arsenal; and small sum, as a contin
gent fund, for furnishing The sick soldiers
with hospital stores ixes the salary of the
Surgeon not less than Que hundred, nor
more than one hundred and fifty dollars
constitutes the Courts Martial, to try ali |