, 1863-02-21
AN ACT


SEo. Is. That if any vacancy shall happen in the
Office of supervisor by death, removal from the dis
tret disability in the supervisor to act, or when
there has been no election of supervisor the county
auditor, being notified of such vacancy, IN wri-
ting shall appoint suitable person who IS hable
to perform labor the roads in said district, and
cause him to be notified in writing, whose duty II
shall be to attend before some person authorized TO
administer oaths within five days from such appoint
ment and take the oath and enter upon the duties OF
his office; and he shall remain in office until sue
cessor is elected and qualified.
SEC. 10. The county commissioners shall, as often
they may deem necessary but not ottener than
once year Cat their May term divide their respee,
tive countless any parts thereof into suitable ana
convenient road districts, and cause brief descnP-
ton of the to be entered the county record
SEQ. 20 It shall be the duty of supervisors, on or
before the fifteenth day of April Of each year, to OBJ
tain correct list of the names and make out IN al
phabetica order, list of persons halle 10 perform
labor on the public roads, or that are naDe toPay
property tax designating those over hty years OF age
andthOse who are too inhrm to labor on the roads,
and to forward such list to the county auditor PRIOR
to the regular session of the board OF county COM
missiOners in May.
SEC o. 1t shall be the duty Of the board of
county commissioners of the several counties IN this
territory at their May session, to levy and assess
road tax of fOrty-fOur dollars on every person aole
the public roads, and also to assess twenty cents
road tax on every one hundred dollars OF the VaIua-
ton returned by the county assessor, winch tax
shall be collected with the county and territorial tax
and in the manner hereafter described, which shall
constitute road fund, and the county auditor shall
Immediately after the May session, turnlsh eacn su-
perysOr of road districts with an abstract OF oup
cate of the taxes assessed for road purposes IN his
road district.
SEC. o. Every white male inhabitant between the
age of twenty-one and fifty years of age except per-
who public charge or who are too lnnrm TO
perform labor shall be iBble in each and every year
to do and perform two days labor on the pnDe
Orpay road tax as provided in this act; the super
visor of every road district shall give every person
within his road district, liable to perform labor on
the roads, or who liable to pay road TAX, at
11..A = As1oo . fl0a
pear, which notice may be in writing or otherwlse,
and by the supervisor in person or by bis drecuon
the supervisor shall also notify every person Wlth1
his road district the amount OF road TAX assessed
against sQeNbersOn. and such notice shall be given
between the twentieth day Of May and the hrst DAY
Of July annually Provided, that if from any cause
the supervisor shall fail neglect to give ncuce as
required bv this section it shall be lawful TO notify
such person or persons as soon as the neglect Is as
covered.
SEQ. %. Whenever it shall happen, IN consequence
of sickness, absence from home, or any other good
cause the person liable to perform work or to pay
road tax does attend in obedience OF the super
visor at the time and place appointed, sueh person
may tender his services by himself or suhcent
substitute to perform the labor required TO pay he
tax assessed and in such case the supervisor snoIi
employ such person or his substitute, at another
time.
SIC, "a Every person notified to labor on the pub
lie roads under the provisions of this act or VINO are
not exempt by the provisions of this ACT VINO does
not produce the certificate of the supervisor OF some
other road district, showing that such person mas
worked out his road tax for that year in this terrific
~ shall be required appear at the place appointed
by the supervisor at the hour of eight clock IN the
forenoon with such necessary tools and implements
as said supervisor may direct an1 on failure OF such
person appear at the time and place rs aforesaid,
and no good cause being shown for such dehh4ueh-
cy Orhaving attended, shall refuse to obey the dec-
tions of the supervisor, shall pass his time IN Idle
ness and inattenton to the duties assigned HIM, ev-
cry such delinquent shall forfeit and pay Tor each
day he shall neglect refuse to attend or Ior any
of the offences above specified in this section the
of three dollars, to be recovered IN elv ac1n
at the suit of the supervisor before any justice eI e
Peace having competent jurisdiction or If the ag-
gregate amount of such be one hundred dollars,
by action in the probate court; and all money so col
ected shall be appropriated in their respective ols
tTicts where such labor properly belongs.
SEC. 25. And if through neglect or otherwise, any
person fails to pay their road tax as provided IN TINS
act shall be the duty OF the tax collector 10 colect
all such delinquent tax as is required by law, and
pay the over to the supervisor of the district 10
which it belongs
SEC. 26 The Supervisor shall open, or cause to
be opened all public roads which may have been or
may hereafter be laid out and established according to
law in any part of his road district, and shall keep
the same in good repair and he shall have authority
to purchase, with any money which may come into
his hands supervisor, for the use of his district.
scrapers, or other-implements which he may think
proper and to enter upon any land adjoining or near
the public road, and dig and carry away any stone
gravel sand and cut down and carry off any trees
or wood necessary for the making and repairing any
public road and to purchase and pay for any timber
or plank or other materials necessary for making or
repairing any public road in his district; and the su
pervsor has the authority tocommute any labor du-
his tax duplicates, for materials or tools necessary
for his use the public road to the amount OF tax
against any individual and shall give such persons
certificate showing the transaction, and such certlf
cate shall be received for taxes
SEC. 27. And the supervisor shall have the right
to enter upon any lands adjoining any public
road in his district, and to cut, open, dig any
drains bitches he shall deem necessary for the
making or preservation of such rord-doing as little
injury as may be, to such lands. AMI any person
stopping or obstructng said drains or bitches so
made, shall forfeit and pay the sum oftwenty dollars
for each oense to be recovered by the supervisor of
the district before any justice having Jurisdiction, for
the use fthe district.
SEC %. If any person shall feel aggrieved by the
acts Of a supervisor cutting or carrying away timber
stone, aforesaid he may make complaint in wrl-
ting the county commissioners, at any regular ses
sion, within six months after the cause Of such com
plant shall exist, and such commissioners shall pro-
ceed to determine and assess the damages which may
be paid Of any funds in the treasury acerung out
of penalty (penaltes for violation OF any provls-
ions of this act.
SEC 20. If at any time during the year, any pub
lie road shall become Obstruced by the falling OF tim
Der, from any other cause or any bridge snail oe
impaired, or become dangerous, for the passage OF
teams Travellers the supervisor of the road district,
upon being notified thereof, shall forthwith cause
such distractions to be removed or bridges repaired
for which purpose he shall Immediately order out
such number of the inhabitants of his district as he
may deem necessary to remove such distractions, or
repair such bridges Provided, that if such Obstruc
any person persons, clearing land adjacent to said
road or bridge that they shall be liable for the eX
pense Of removing such obstruction, aud repairing
said road bridge, and the road supervisor shall au
thOrze said person persons to remove sad obstuc
tiOn or repair said bridge, said supervisor shall
proceed have it done at the proper cost of said per-
son or persons and the cost Of said work shall be
cOVerable before Justice of the peace, any court
having competent Jurisdiction, by civil action in the
name of said supervisors and all persons so ordered
out, SHALL after having received one days notice, be
subject to the restrictions and liable to the same
penalties if ordered out under the twenty
section Of this act.
SEo. 30. In all cases, where any person SHALL un-
der the direction Of the supervisor Of roads, perform
more labor upon the public roads than may be due
from him, the supervisor shall give such person GER
ticate specifying the amount Of extra labor per-
formed, and which may be received from the holder
in satisfaction Of labor the roads in such road dis
tct in any subsequent year, for the amount OF labor
specified therein.
SEC. 81 Every person shall keep an account OF the
number Of days work performed on the public ads
in his road district and Of the persons performing the
same; he shall also keep account Of all moneys
received by him from the county commissioners and
tax-colectOr; and, also, account of his expendi-
lures as supervisor during his term Of Office; and
such supervisor shall present his account to the
board Of commissioners for settlement at the May
session in each year. and shall pay over to his sue
cessor in Office all moneys remaining in his hands
such supervisor, taking his receipt therefor And II
any supervisor shall fail to appear and make
settlement required by this section, the board Of
county commissioners may, by an acton IN any
court having competent jurisdiction against such su
pervisor and force such settlement and any
balance remaining in his hands
SEC 82 The supervisor shall give every person
who labors the public roads under his direction,
a certificate certifying to the amount of labor per-
formed by such person. at the rate Of three dollars
per day. for every days work. which certificate shall
state the precise amount OF labor such person has
performed and such certificate shall be received by
oolIo at %