The Empire County argus., 1855-10-06

been declared snch by order of the Court of Ses-
sons or Board of Supervisors, which may be
hereafter so declared by the Board of Supervisors
within their respective counties.
SEC g 1t shall be the duty of the Board of Su.
pcrvisors of each county divide the county into
a suitable number of road districts, and to appoint
annually or whenever vacancies may occur. an
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 Road
Overscers within ten days after such appointment
has been made informing him of such appoint
ment. and describing the boundaries of their dis
trict.
SEC. 4. The Road Overseers shall cause all the
public highways within their respective districts to
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, to
keep the same in good repair, and to renew them
when destroyed
SEC 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 he
any. to the owners Of said lands, us they may
deem just; pfo0ldeJ 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 e. The Boards Of Supervisors shall have
power to levy road tax on all abe-boded 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 dolrs, for road purposes, to be
levied and collected at the same time and manner
as other property taxes are collected proUlded,
that the provisions Of this section. far as il re-
atrs to the road tax shall not apply to any Of the
incorporated cities or towns of this State.
Srr Iln tnv in1 shall hn ofl
ected hy the Sheriff of the county. in the same
manner MS in the collection Of other taxes but all
road taxes for road purposes shall be collected by
the Oyerseers in their respective districts pr0Uded,
that the Board Of Supervisors shall in all
quire bond of such Overseer, to secure the pay
ment of such moneys as he may receive under the
provisions of this Act.
SEC. 5. Whenever any contract for the imp oye-
ment of roads is to be mode, advertisement thereof
shall be given by the Oyerscer 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 new, paper
Of the county or if none be published in the coun-
ty. by notice pasted at the court house door ton
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 a county
road to be laid out within the county or praying
for II cart road to be laid out from the dwelling or
plantation Of any person to any public road or
from one public road to another and desi cnating
the points therein, shall cause notice to be given to
the parties owning the land over which such road
is to be located and if objections by one or more
Of the owncrs shall he made. the Beard of Super
visors shall consider and determine the same at
their next regular meeting and if they shall he Of
the opinion thar such road is necessary, they shall
appoint two persons as viewers to view out and To-
cate said road and upon return oi the certf
cate Of the viewers, shall declare the same 10 be
public Highway " hen absolutely necessary. the
County Surveyor may be called in by the Huptrv-
sor3 tn assist in sad location
SEC. 10 Each Road 0vcrscer shall report to the
Boa,d Of Supervisors quarterly. the amount of
money collected and paid cut ly him, and to whom
and for what paid tie number Of days be himself
has been in actual service. and also Il list Of den
quents and the said Oyerseer shall make an aifida
Wit 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 or
neglecting to pay the road tax, required by this
Act. to the Overseer on or before the first day Of
October Of each year, shall be considered dclin-
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 such
delinquent, or much thereof as may be necessary
to satisfy such delinquency and cost
SEC. ii. The Overseers shall receive for their
services while in actual enpluyment the same per
diem compensation as is allowed to the Supervisors
Of their respective counties
SEC Il. If any perso shall obstruct any road by
telling any tree across the same Or by placing amy
other obstruction therein, or dammng, digging, or
deepening creek river, or lis banks, SO as to
destroy ford crossing. lie shall be liable to
prosecution before any Justice of the Peace by any
Supervisor Of the county, Overseer of the road
district ON behalf of the county, and on conviction
thereof shall he fined in sum not exceeding fifty
dollars, and shall forfeit five dollars for every day
he shall suffer said distraction to remain after he
OyerSetr
SEC 10. If any person shall willy destroy or in
lule any bridge or cauSeway. or remove cause to
be removed. any Of the plank timber therefrom
or cut down or injure amy tree planted or growing
as shade tree in any public highway or damage
amy highway by ilgging in it, he shall be liable It
he prosecuted before amy Justice Of the Peace hy
any Supervisor Of the county, in behalf Of said
county, and conviction thereof shall be fined in
sum not to exceed one hundred dollars.
SEC. II. All fines collected under the provision,
Of this Act shall be paid into the county treasury
for the Of the road district in which the SAINT
was collected.
SEC. ID An Act concerning roads and highways
passed April eleventh, eighteen handred and fifty
and an Act concerning roads and highways, passed
April nineteenth. eighteen hundred and ffty-three