The Empire County argus., 1855-10-13

been declared snch by order OF the Court of Ses
sions or Board of Supervisors, or which may b
hereafter so declared by the Board of Supervisor
within their respective counties.
SEC. 2. 1t shall be the duty of the Board of Su
pervsors Of each county, to divide the county int
a suitable number of road districts, and to appon
annually, or whenever vacancies may occur. ar
Overseer for each district, whom they shall have
power TO remove at pleasure.
SEC. 3. The County Clerk OF each county shall
notify all persons who have been appointed RoaC
Overseers, within ten days after such appointment
has been made, informing him of such appoint
ment and describing the boundaries of their dis
trct
SEC f. The Road Overseers shall cause all the
public highways within their respective districts tt
be kept clear from Instructions and in good repair
causing banks to be graded, bridges and causeways
to be made where the same may be necessary IL
keep the same in good repair, and to renew them
when destroyed.
SEC. 5 The Road Overseers shall have power to
make use of any gravel or dirt for improving the
roads, which may be absolutely necessary. from
any adjacent unimproved lands, and the Board of
Supervisors may allow such damages, if there be
any. to the owners of said lands as they may
deem Just provided, that said Supervisors shall be
liable TO pay damages to the county at the suit OF
any citizen, if it shall be proved that they have al.
lowed extraordinary and extravagant damages.
SEC. 6. The Boards of Supervisors shall have
power to levy road tax on all able-bodied men
between the ages of twenty-ohe and fifty years
which shall not exceed four dollars per annum and
property tax which shall not exceed five cents on
each one hundred dol RS, for road purposes, to be
levied and collected at the same time and manner
as other property taxes collected prouided,
that the provisions of this section, far as it re-
atfs to the road tax shall not apply to any of the
incorporated cities towns of this State.
No. t,.- 1o, ,nl e,,U ha an1-
lectcd by the Sheriff of the county, in the same
manner in the collection Of other taxes but all
road taxes for road purposes shall be collected by
the Overseers in their respective districts pr0rided
that the Board OF Supervisors shall in all cases re-
quirc bond of such Overseer, to secure the pay
ment of such moneys as he may receive under the
provisions of this Act
SEC g. Whenever any contract for the implove
ment of roads is to be mode advertisement thereof
shall be given by the Overseer of the district in
which such improvement is to be made. by posting
written notices in two of the most public places Of
his district and by advertisement in one newspaper
Of the county, or if none be published in the coun
ty, by notice posted at the court house door ten
days prior to the letting of such contract; and all
contracts shall be awarded to the lowest responsible
bidder, subject to the approval Of the Board Of Su
pervisors provided, that the Overseers shall have
power to make contracts for the Improvement of
roads which shall not exceed the sum Of fifty dol
lars. at their option; such contracts to be approved
by the Board Of Supervisors.
SEC. 9 The Board of Supervisors Of each county,
on presentation of petition praying for county
road to be laid out within the county, or praying
for road to be laid out from the dwelling OF
plantation of any person to any public road, OF
from one public road to another, and designating
the points therein, shall cause notice to be given t(
the parties owning the land over which such road
is to be located and if objections by one more
of the owners shall be made. the Board of Super.
vsors shall consider and determine the same al
their next regular meeting and if they shall be OF
the opinion that such road is necessary, they shall
appoint two persons viewers, to view out and To-
cate said road and upon a return of the certif-
cate of the viewers, shall declare the same to be a
public highway. When absolutely necessary, the
County Surveyor may be called in by the Supervi-
sors to assist in said location.
SEC. TO- Each Road Overseer shall report to the
Board Of Supervisors, quarterly, the amount Of
money collected and paid out hy him. and to whom
and for what paid, the number Of days he himself
has been in actual service and also list Of deln-
quents and the said Overseer shall make an affida
yit before justice Of the peace, that said report
and delinquent list is correct to the best Of his
knowledge and belief; and any person refusing OF
neglecting to pay the road tax, required by this
Act. to the Overseer on before the first day OF
October Of each year, shall be considered den
Quent, and the Overseer shall proceed to levy and
sell at public vendue, to the highest bicder, after
giving six days puglic notice, the property Of sucl
delinquent or so much thereof as may be necessary
to satisfy such delinquency and cost
SEC. ii. The Overseers shall receive for theii
services, while in actual employment the same PEI
diem compensation is allowed to the Supervisors
Of their respective counties.
SEC. II. If any perso shall obsruct any road, by
telling any tree across the same, or by placing any
other obstruction therein, or damming digging, OF
deepening creek or river Or Its banks, so as tC
destroy ford or crossing, he shall be liable t.
prosecution before any Justice of the Peace, by any
Supervisor of the county, or Overseer Of the roac
district on behalf of the county, and conviction
thereof shall be fined in not exceeding fifty
dollars, and shall forfeit five dollars for every day
he shall suffer said distraction to remain, after ht
shall have been ordered to remove the same by tn,
Overseer.
SEC. 13. If any person shall willy destroy or in
;.-c any bridge CT causeway, or remove cause tt
he removed any of the plank or timber therefrom
or cut down or in lure any tree planted or CROWN,
as shade tree in any public highway. or I,dmag
any highway by ligging in it, he shall be liable t.
be prosecuted before any Justice of the Peace b.
any Supervisor of the county in behalf of salt
county, and on conviction thereof, shall be fined il
a sum not to exceed one hundred dollars.
Sec. IA. All fines collected under the provision
Of this Act shall be paid into the county treasur.
for the use of the road district in which the sam
was collected
SEC. Is. An Act concerning roads and highways
passed April eleventh. eighteen hundred and fifty
and an Act concerning roads and highways, passe
April nineteenth. eighteen hundred and ffty-threc
are hereby repealed
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