Martinsburg gazette. [volume] (Martinsburg, Va. [W. Va.]) 1833-1855, 1854-04-05
PASSED MARCH 2, 1874.


PASSED MARCH 2. 1884.
Be il enacted by the General Assembly
that il shall be lawful for The County Court
Of Berkeley, al its June term, 10 levy upon
the lilhabies Of said County, sum mol ex-
ceeding fifty cents upon each tithaoie, ana
upon all subjects Of taxation assessed Tor
The revenue OF the State, per centsge on
The revenue Of the County an amount
which, with the sum assessed upon ti'ha-
bles, shall be sufficient 10 pay all tie ex.
penses Of opening and keeping 10 repair the
public roads in said County. Aud The
said sums. SO assessed and levied, shall be
regarded as lhe road fund for the year.
The said County Court shall a. its June
terms fix the rates Of wages TO be PAID The
hands, plough-teams, carts, wagons or other
force used for the year, and said wages
shall be governed by the current prices for
such labor al the time Of fixing thereof
And should il be deemed advisable by said
Court, al its March terms thereafter 10 DO
so, it shall appoiot three discreet freehold
ers, residents Of said County. commission
ers, to report at their succeeding June terms
upon such matters in relation TO the public
roads, 10 enable the said County Court to
form an estimate OF the amount necessary
10 be levied for the ensuing year; and If
said fund for any one year shall prove an.
suficent TO effec, the objects oil this act,
then the said Court is authorized and re-
qured a, its next ensuing June term TO as
sess and levy upon all subjects OF taxation
for revenue a sum sufficient to supply the
deficiency, and if said sum shall be more
than Sufficient for said year, the surplus
shall be employed TO lessen the assessment
for the next succeeding year.
That all the public roads in said County
shall be laid off into Districts BY The COM
missioners aforesaid, of'in such manner as
the Court may deem best; and the commits
sioners so employed shall be allowed rea-
sonable compensation for their services
The voters in each district shall elect sur
veyor, who shall hold bis office for the term
of two years. and be subject 10 fine Of ten
dollars, at the discretion of said Court for
failing or refusing TO accept said Office, when
elected; provided that no such surveyor
shall be compelled 10 serve two consecutive
terms.
Il shall be the duty Of said surveyors TO
employ as many hands aud such other force
as may be necessary TO keep the road or
roads Of their districts in proper order, but
40 laborer or other kind of force shall be
entitled TO wages except for the time dur
ing which such Iaborer or other force shall
be employed; and it shall be The duty of
the surveyors, as soon as the labor contract
ed for shall have been performed, 10 give
certificate in writing stating the amount and
value thereof to the person or persons to
whom the wages may be due; and the said
person or persons, upoa presenting said GER
lifcaie to the sheriff. shall receive the a.
mount OF the same 10 be paid out Of the
road fund if sufficient, otherwise out Of
moneys in The hands Of the sheriff belong
ing TO The County. In case surveyor
shall refuse 10 give certificate as aforesaid,
the person or persons entitled thereto, up
on legal and satisfactory proof, by applying
10 any justice of the peace for said County
under The hand of said Justice, at the cost
Of such surveyor. and shall have process to
compel the attendance Of witnesses for that
purpose: provided that such person or per-
sons shall give at least FIVE days notice Of
bis or their application to such surveyor.
The County Court shall a, their June
terms fix the compensation Of the surveyors
authorized 10 be elected BY this act, which
shall be not less than one dollar nor more
than two dollars for each and every day
employed in the SAID service, which shall
be paid by the sheriff out OF the road fund,
II sufficient; otherwise, out Of any money
in bis hands belonging to The County: pro-
vded that said surveyor shall render 10 the
said Court an account Of all the labor per-
formed, of what description, by whom, and
all other expenses incurred by them in their
districts during the year next preceding,
and make cath 10 The same before Justice
OF the peace, who shall certify the same -
The said accounts shall be filed in the Of
flee Of the clerk Of the County Count of the
said County, and i, shall be the duty Of the
clerk to make oul a statement and have
the same published in one of the newspa.
pers in said County, so as TO show all the
expenses incurred on account OF The public
roads, by whom expended, TO whom paid,
and for what purpose. And the said Court
shall make such allowance as shall seem
just to said clerk and the publisher Of said
newspaper for making out and publishing
The sane, TO be paid BY The sheriff GU, Of
The road fund, if sufficient; otherwise, out
of aay money in his hands belonging 10 the
county,
All stone and timber that may be re quir-
ed in making and repairing the public
roads aforesaid shall be obtained, and the
value thereof ascertained, as now provided
by law, and The owners thereof shall be
paid by the sheriff out OF The road fund
II shall be the duty Of the altorney for
the Commonwealth at the quarterly terms
Of the County Court for said County. and
the Judge Of the Circuit Court for said
County 10 give in charge to The grand iu-
res specially touching the duties and res
possibilities Of the surveyors OF public roads
OF said County under the provisions Of this
act, IN order that said surveyors may be
prosecuted and fined for the non-perio,m.
ance OF The duties required by this act, and
the sheriff of the said County shall be La
BILE to the same or like proceedings for fall
ing to account for and pay over the ordina-
ny levy.
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