The Arkansas advocate., 1837-01-06
- MO- 40.

work roads among the different overseers in his township; aad the said nstce shall make cut two st the hands aPPortoned to each overseer one of which he shall deliver the oVefseef and the other he shall file in the office of the clerk of the county courts and every justice of the peace appointed 10 apportion hands as aoresald shall continue perform such duties for one year irom the time of bis appointments aud until suecessor shall be appointed and shall during the titna oi continuance to discharge the duties required of him by his act De exempt from militia duty, from working on roads, and from serving on grand and petit iries and every justice ot the peace appointed as aoresai shall be notified oi hls appointment in .he same man. her IS required by this act to notify oyerseers of their appointments and if any justice of the peace shall refuse to accept said appointment, he shall be fined in any sum not exceeding ten dollars and if any justice of the peace shall neglect refuse to perform any of he duties required Of him by this act he shall be fined in any sum not leas than five nor than ten dollars SEc T. Ee v jgrtdeT enacted That the oyerseer of any road disef or any person under him. for the pr. pose oi building repairing any bridge or causwoy is hereby authorized to entef the nearest nninproye and and to cut and haul away timber and to anarrv and haul such rock and ground as may be necessary tor that purpose and the said ovsseer shall not haul away any timber already ee any rock already quar- Eled, Tor anf other purpose. without the leave of the owner CT his agent and unless tho owner or his agent shall inst consent to the cutting of timber and 10 the quaryng of rock, t shall to the dnty of the oyerseer to cali on two househoderg 10 value the materials about to be used, and f the owner of such Ioaterals or bis agent shall see proper he may choose two other houses holders, to act with such may be appointed by the oYerseeF and Ii they cannot agree the four shall chose llth as an umpire, and the five majority of them shall make out their award under hes hands and seas and transmit t to the clerk of the county court who shall file and preserve the same which award shall he final and conclusive of the damages sustained by such Person and the amount awarded shall be paid 10 the owner of said materials, his agent out of the county treasury and the county court is hereby authorized to elloW tho
 aEe S. 8s d taaFter enacted, That the oyerseer of every road district Is hefebY authorized to commute personal labor fer wagons, teams, of any necessary implements Wlneh may be required on the road.
 SEC 9 be q fef9afr eaoeied, That applications for new roads shall bs made by pet,ion signed by at least twelve honsehoders of the township or townships in winch sad road IS desired specifying the proposed be- ginning and termination thereof and notice of each n- tended application shall be given by advertisements in two or more public places in said township or townsps at least twenty days prior to such applications; and the said court when the petition is presented and publicly read and upon proof oi notice above shall if they deem the road petioned for necessary, appoint three disntefested househoders (not living in the direction of sad raad ot the county viewers thereoi and the said viewers, CT majority of them, having first taken an oath affirmation, faithfully and impartally to dis. charge their dues shall proceed to the route pro posed, anu they deem it of public utility, lay out and
 mark such road on the best ground that can be obtain
 
 the owners consen unless good road cannot other wise oe had and the said viewers or aority of them shall make e report to the session of the coun- y courts where the shall be publicly read: and if no o5Jechons be made to such proposed road the said court shall cause record thereof to be made and or- der said road to be opened not less than fifteen feet. which shall thencetorth be public highway and if twelve hoaseholders of any township or townships through which said proposed road may run, shall obs ect Ut the time that the report of said viewers is sub.
 tted 10 the court to the utility of said road it shall be the duty oi the sasd conr to appoint reviewers, whose duty It shall be to proceed in the manner directed for reviewing road; and if majority of said reviewers report against the utility of said road the same shall not be established and the petitioners for said road shall pay the costs that shall have accued but if said re- viewers report favorable thereto the obiectors shall pay the costs of the review and the road be ordered to be ] opened.
 SEC. 10. Be | further enacfed, That if any person through whose improved land any road shall be laid out feels aggreved thereby such person may set forth hls grievance by way Of reiionstranee and the said court shall, thereupon, appoint three disnieresied householders 10 review the sane and asoess the dam ages, If any, which such oblector shall st,sian from such road being opened and continued through his lands and shall report the 10 the next county court; and every reviewer sha before he enters on the discharge ot hs duties take oath affirmation, faithfully and Impariay to discharge the duties assigned him; and Ii majority of said reviewers, assess and report dam ages m favor of the obector the cost and damages shall be paid out of the county treasury f. in the opn ion of the court shall be due, but if the majority re- port unsavorably, the objector shall pay the costs.
 SEC. H. Be it fat,fher enacted, That any person wishing o cultivate land through winch any road may run, may petition the county court for permission to turn said road on his land the land Of any other person consenting thereto, at his own expense the court shall thereupon appoint three viewers who shall proceed to view the same and report the respective distances and the situation Of the ground of the estab shed and proposed roae and report at the first term of sad court thereafter; and if, the report of the said