Nebraska advertiser., 1862-03-13
AN ACT
In Relation to Rodds, to Regulate the Disposal of
the Road FHnd, and Fnltg 20 DEFINE TIE Dut5es Of
Supervisors.

- LaaA 1ANeMNl III
the Fall Of A. D.. 1862, and annually Cd ereafte-. one
Supervisor Of Roads for each road district within the
several counties Of the Territory, who shall hold his
Office for one year from the first Of April next sue
ceeding his election, or until his successor is elected
and qualified. Such Supervisor must reside in the
district for which be was elected and in the cleo
tion Of said Supervisor no elector shall vote for
more than one Supervisor, and none other than the
one residing in the district where such elector re-
sides. But no person may serve az Supervisor Who
Is exempt from performing labor on the highway.
SEC. 2. II shall be the duty Of ths Comfy Clerk.
within twenty days after the said election, to notify
said Supervisor elect Of his election; and said Su-
pervisor elect, thus notified, shall appear before said
County Clerk between the fifteenth day Of March and
tne hrst day OF April, and qualify as required by law.
SEC. 3. Each Supervisor so elected shall be re-
CURED to give bond to the county in any sum Of not
less than double the amount Of road tax which NAV
be expended under his direction, with such security
as shall be approved bv the Clerk of the Comfy.
conditioned that he viii faithfully and impartiaily
discharge the duties Of his Office according to law
which bond shall be filed and kept by the County
Clerk among the papers of his Office. And in the
event of a vacancy occurring in the Office of Super
Visor,i it shall be the duty Of the County Clerk to ill
such vacancy by appointment; and the person ap-
pointed to fill such vacancy shall, before entering
uponthe duties Of bis Office, give the bond required
in this election.
SEC. 4. Any Supervisor elect, after having been
notified as required in section two of this Act, who
oAail uob appear DGlOre bnb O0unby Olerk 4 unless
prevented by sickness or other sufficient cause with
in the specified time, and give bond, take and sub
scribe on oath or Affirmation, to be endorsed on his
bond, that he will faithfully and impartially dis
charge the duties Of said Office according to law and
to the best of bis ability, shall forfeit and pay the
sum Of Eve dollars and in case Of his failing or re-
fusing to pay said fine, il shall be the duty Of the
County Clerk to collect said amount by suit before
any Justice Of the Peace in his county, together
with the costs Of prosecution, in the name Of the
i cOuntV- and aDnlV the same IN thu road fund in the
districtfor which said Supervisor was elected.
SEC. 5. That the Commissioners of the several
counties shall have power to alter the road districts
as may seem to them proper: ProUided, however,
That in no case shall any road district be so eOnsti-
tuted as to be within the limits of two distinct vO-
ting precincts and it shall be the duty Of the
County Clerk, upon application, to furnish each Su-
psrvisor with a particular description Of the boun-
diaries of his district.
SEC. g.. It shall be the duty Of each Supervisor to
notify all able bodied male residents of his district,
between the ages Of tWenty-One and fifty years, to
perform one days labor Of Oight hours, upon the roads
under his direction, at such times and places as he
may deem for the public convenience, giving them
at least three days notice to that effect Provided,
That all persons over the age Of fifty years are ex-
empted from paying tax for the benefit Of roads, or
Of performing said one days labor in lieu thereof.
SEC. z. Ifany person liable to work on the road.
after being duly notified as above provided, shall
neglect or refuse to perform labor, by himself or an
equivalent substitute, or to pay one dollar in money
in lieu thereof, or send a satisfactory excuse to said
Supervisor within five days thereafter, it shall be
the duty Of such Supervisor to collect the same, and
costs, by suit before and Justice Of the Peace in the
county in which his district is situated and the
delinquent list, furnished by the Supervisor under
oath. shall be received in evidence on che trial of the
case, and no personal property shall be exempt from
sale TO satisfy said tax and costs of suit.
SEC. s. The Supervisor shall collect all specific
tax levied on lands for road purposes, by giving three
days notice to all persons owning lands and living
in his district, personally, or by leaving a written or
printed notice at each persons usual place Of resi-
dence, specifying the time and place where such tax
may be paid in work. Said Supervisor shall allow
all persons working out said specific tax under his
direction, the sum Of one dollar and fifty cents per
day each and for each team with a wagon, ploW or
Scraper, one dollar and fifty cents per day and all
lands upon which said tax is not paid on or before
the first day Of June following, the levy of taxes
for county purposes shall become delinquent, and the
County Treasurer shall proceed to collect said tax at
the same time and in the same manner provided by
law for the collection Of county taxes.
SEC. 9. That the Supervisor of the respective dis
tricts are hereby authorized to procure, if they
deem "a necessary, q plough and one or more serapers
fer tie use Of TIE Eoad district; tho cost thereof To-
b paid Outo The r0ad fun4 Of 0q districts Ard az
With heSupervisor.
SIC. 10. If any Supervisor shall neg ect or refuse
to keep the roads Of his district in good repair, as the
number Of hands and amount or road tax under his
/ cO0LrOl WOulQ REASONABLY eudDl6 ulm 70 OOg Nc Shall
be liable on his official bond to pay a fine of net less
than FIVE nor more than fifty dollars to be recovered
I by civil action before any Justice Of the Peace in thu
county; which fine, when collected, shall be paid
into the district road fund for said Supervisors dis
trict.
SEC. Il. It shall be the duty of the Supervisors
of the several road districts TO cause a guide-board
to be placed at the beginning, terminus, and inter-
secting of any county and Territorial road In his
district; which guide-board shall be attached to
Il durgpln DOgts ~ other nnrmaneut hVtUleg. and The
names Of and distances to, the principal towns or
places on said roads shall be begibly painted thereon.
SEC. II. If any person shall Wilfully inJure or
destroy the posts or guide-boards SO erected Tor the
public use, the person SO offending shall be deemed
guilty Of q misdemeanOr, and upon conviction there
of before any Justice of the Peace in the county,
shall be fined for said offence in a sum of not less
than five nor more that twenty dollars and costs Of
action.
SEC. Is. All monies collected by the Supervisor of
roads in lieu Of labor in discharge Of poll tax, and
the proceeds of all fines collected under the prOvis-
ions Of this act, mot otherwise p%rovided,) shall be
expended by the proven Supervisor for the improve
ment of the roads in his district.
SEC. IA. Supervisors of roads shall make an an
nual settlement under oath, with the Board Of
County Commissioners at their April term, showing
the amount Of money which has come into their
hands by virtue Of their Office, and how the same has
been expended Provided, always, That the County
Commissioners, if they deem it e~xpedient, shall have
power to cite any Supervisor to appear before them
at any other time, and make settlement as herein
provided, giving them reasonable notice therefor 4
and the said Supervisors shall be allowed the sum Of
one dollar and ftty cents per pay, payable as here
matter provided upon the order Of the County
Commissioners, for all time necessarily engaged in
overseeing the expenditure Of work on the roads,
mot exceeding the sum Of twelve dollars to each
United States township within his district, and the
further sum Of five dollars for giving notice as pro-
vided in section eight Of this acts and in making
settlement as required by law, after deducting the
one day labor required by this act to be performed
IN discharge Of poll tax; and in default Of making
such settlement, shall forfeit all claim to allowance
for extra services.
SEC. Is, That one third Of all moneys paid into
the county treasury in discharge Of road tax, shall
constitute a County Road Fund" which shall beat
the disposal Of the County Commissioners for the
general benefit of the county for road PURPOSES;
that the other two-thirds Of all moneys paid into the
county treasury in discharge Ofroad tax, shall con-
stitute a district Road Fund" which shall be ex-
pended only in the district from which it was col
lected, and onlyfOr b efollOwing purposes
LIST. For the construction and repair OF bridges
and culverts.
I'd. For the payment Of damages Of the right-of-
way Of any country road.
Sd. For the payment Of wages of Supervisors, and
fOl the expense Of procuring the necessary guide
boarL
an. For the payment Of the wages Of COmmis-
sioners of Roads, Surveyor, Chairman, and other
persons en-, aged in locating or changing Ofany eOun-
tv road: Pc 1Uided, however, That the County Com
m1issionerss bal1 have power, upOu receiving a petit
tion signed bv al least two thirds Of the qualified
49, n ord or that auv road mon