The Arkansas advocate., 1837-01-06


 time it is presented, and the matter continued without further proceedings to the next term of said court and ai the next court in course the shall again be publicly read the first day of said court and If DO renonstrance be made thereto in writing, signed by twelve househodefs the court may proceed 10 vaGate such road or any part thereof and if q remonstrance in manner aforesaid bs made the court shall appoint viewers who shall be governed n other cases, and the judgment of the court, the report o said view ers shall be conclusive in the premises
 SEc B. Be at further eaacted That any person de- sirous of having wagon road laid out for hs ;anea. from, the dwelling house or paniaion of such person to any public road nayigabie water coarse or from one public road another shall present pe
 on 10 the county court o the proper county, seibg forth reasons for desiring such road, and describing the points from and which sad road IS desired to pass lhe said court shall. npon sufficient sum of money be- inc deposited to pay for viewing such road, appoint three househodera fe view the same; and said viewers shall be governed in all respects, commissioners appointed to view public roads governed; and the sad viewers shall examine the proposed for said road aud shall examine any other route which they may deem Pf6pcf md If they shall be of opinion that wagon road Is ne- cessary and proper from and 10 the points named fl te petition they shall lay the same, Ill such manner as to produce the least inconvenience to the pafties through whose land the shall pass, and shall make
 written report to the court, deserhing the route ot te road and Inc g.ber of tracts o and through WhNh the same shall pass, naming tho owner thereof, [ known,
  through which said road passes which report sha be recorded length the record book of said court, and shall be made by said viewers a the next term after their appointment; and if upon the return ot the view ers the shall De o opinion that the road IS neces sarV, an order shall be made esblishag fhe same not exceeding thirty feet wide and the person applying for said road may proceed 10 open the Proufded, That, If any of land shall object D the opening of such road, the shall not be opened until the person obecting shall ha paid the damages assessed by said viewers III his lavor
 SEC. l4 Be it further eRacte3 That 1t shall be the duty Of the conny court n every order for the appoint men of viewers reviewers of roads, to insert n said order the time and place of meeting of said viewers or reviewers; and the said viewers reviewers shall have power to adjourn from day o day not beyond the term of said court, which they are required 10 make their repor and If any viewers reviewers oi roads shall neglect or refuse attend at the time and place set forth in said order, such delinquent shall be fined n any sum exceeding i've dollars tt the discretion of the county court.
 src. l5 Be it fatfsr enacted, That all ylowcrs and reviewers and oyefseefs of roads shall be allowed dollar for each and every day they may he actually gagged iu viewing and warning the hands ln the several townships and counties ol hl State; and the county court shall allow sad accounts upon oath atsirnaon of the patty having such accounts against the county Pgouidsd Ihn this shnll not be construed te allow any ovefseer any compensation for the days he may be wilh ihe haods on any road
 SEe lG Bs i fii9hsr enacted, That any overseer of roads who negIecs keep the roads ia bs district in good fepar agfeeablY lhe provisions of this act fails to perform any other duy herein repaired shall be fined by the county court in any stun hH ie9e than five dollars and exceeding twenty dollars, be pended the roas wltha the district of said
 SEe. IT. Be t further enGced That ia ease shall any person be liable work public roads than twelve days n any year, more thaa logr days al any lime any mouth.
 Sec. lS Re | further eagetea, Taat itsh4ll De the duty of the several ogerseef, within days after tie failure oiany person persons to work OH the road required by the provisions 0 ths act, to raturn list ot such person or persons 10 tue justice of the peace of the township whose duty 10 apPofion thG hands work on the several road divisions in fhe townshp and it shall be the duty of the justice, when such return Is made, te issue summers, ii other e debts, against the person persons so iang to work, direct ed to the constable of the proper township whose duty shall be to execute and the same, in oAer cases; and shall be the duty e such justice, the evidence o he said ovefseef, proceed Qdg- nent against all such deanlters, provided tor .s act together With costs ol sat: Pforted, That ai ex- cuses shall he allowed 10 be plead in de!ence and f n the opinon of the said inaee the excuse made by the person persons charged shall appear reasonable, every such person persons may be acquitted, but n all cases where judgments shall pass against any per son or persons for failure to work on any road o which he or they may ha e29ofoned, fl shall be ihe duty of the justice to execuo;l directed lo the constable, whose duty if shall he to proceed to collect the same n other cases of debt, and pay tho same io tke oeerseer oi the proper dVisloa within two days after the same Is eoiieeted
 Sae. 70. .3ad ds fn5ser eaccisd, That all laws heretofore passed upon he subject of couny roads, be and the same are hereby repealed, but rights acquired and liabilities thereby incurred not thereby affected
 ---a=zz-<ss . <zasSassa4
 SpAlN.--The brig Mentor at this port in 80 days from Malaga, reports that ali fears respecting the ap- faach of lhe taflsl army tfa city had suhsided, Gen. Ga,nrz having been obliged to return toward the mountains n afdAr ta preveni lis reIteat Aeng cut off