The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1874-03-17


each shall choose a reeholder OF the
district. and the two 60 chosen may il
necessary, select third, to ascertain
what would be fair compensation to
the owner for the use of the said props
erty. The sum so agreed on or ascer-
tanned shall be paid by order Of the
court out Of any money applicable
thereto.
90. The surveyor OF any road pre-.
cinct may take from any convenient
lands so much wood, stone, gravel or
earth as may be necessary for con-
structiDg or repairing any county road
or bridge in suoh precinct, and may for
the purpose OF draining any such road
cause a ditch to be cut through any
land adjoining the same. But such
wood and other articles shall not be
taken from, nor such ditch cut through
any lot in q town or city without the
consent OF the owner. The surveyor
shall if required, allow fair
compensation to the owner for the ar
tcles so taken or the damage done by
cutting the said ditch but ii the SUR
veyor and owner do not agree az to the
amount the same shall be ascertained
according to the preceding section. The
gum 90 agreed on or ascertained shall
be paid by order OF the court out OF any
money applicable thereto.
81. The surveyor may change any
county road in bis precinct with the
consent of the owner OF the land in
which such change is made. provided
such change does not increase the
length or grade or require more work
to keep the road in repair or place the
same on worse ground than it was be-
fore such change, or render the said
road in any respect worse than it was
before the change. Any surveyor who
shall make such change otherwise than
as prescribed by this section shall be
guilty OF misdemeanor, and on con-
victiou thereof shall be fined not less
than ten dollars.
%, When the county court OF any
county shall decide to levy tax In
pursuance Of the provisions OF this act
it shall ascertain as nearly as possible
the amount of money which will be
necessary ia each district in their county,
together with the labor required to be
performed therein, to 60. s'ruct, pn' and
keep in gsod repsIr H. roads and
bridges 10 such district aud shall by an
order entered in their journal direct tie
the assessor OF the assessment district
in which such district may be, to ex'
tend on the land aud property books re-
quired to be made by said assessor q
road tax on the real and personal prop
erty taxable in eaid district at such 3
rate as may be specifisd in such order
or resolution, which levy shall he made
upon the latest assessment thereof Tor
State taxation. Such tax shall be O
lien on the real and personal property
on which it is imposed in like manner
and effect as county taxes, and shall be
collected by and accounted for by the
Sheriff in the same manner as county
taxes are c1I'ectc,: and accounted for.
1t shall CO, s'.a'e arosd fund, 10 be ex.
pended on the order Ut the county court
In the district in which it may be COL
lec,ed in the construction and repair oil
the roads and bridges therein. For ex-
tending the road levy on the land and
property books the court shall allow the
assessor reasonable compensation
payable out OF the county treasury, and
Tor collecting said levy the Sheriff shall
be entitled to the same commission as
for the collection oil State taxes.
%. If any person assessed with any
road tex desire to pay the same, or any
part thereof in labor, he shall work on
the county roads or bridges In his dis
trict, If the same constitute but Ont
road precinct, at such times and
places as shall be appointed by the
surveyor, or il there be more than one
such precinct in the district, st such
times and places az the county cour
may direct: Provided, That in case
there be more than one road precinct II
the district, and there be necessity FOL
the expenditure oil such tax in the pre-
cinct where such person resides, tber
such labor shall be performed in tina
precinct. Such labor shall be perform
ed in all cases under the direction o
the surveyor, and the price thereof, wher
performed by an able bodied man al
the law requires, shall be one dollar anc
twenty-five cents per day, or such othel
sum as may be fixed by the county
court. When any such labor is per
formed by, or on behalf OF any perso.
assessed with such road tax, the sur
veyor within whose precinct such labor
is performed, shall give the person per-
forming such labor a certificate setting
forth the number Of days labor per-
formed by such person, together with
the money value thereof as prescribed
by the county court. The sheriff shal
receive such certificate 10 discharge
of any road tax with which
, such persons may be charged, to thu
amount specified in said certificate anC
the amount OF such certificate ehall bt
allowed 10 the sheriff in his settlemen
for the collection OF the road tax. An!
surveyor knowingly'giviug a certificate
to any person charged with road tai
for greater amount than the labo
actually performed, shall be guilty OF
misdemeanor, and on conviction there
OF shall be fined not less than ten no
more than one hundred dollars.
a. Every surveyor OF roads shall b
allowed for his services such sum q
may be fixed By the county court, no
exceeding two dollars for every daI
necessarily employed by him 10 perform
iGC his official duties, and his Owl
affidavit shall be received as prim'
face evidence thereof aud such as
count when audited and allowed by In,
court shall be paid out OF the count,
treasury and il be is liable TO work oil
- Il L l.. Ill, frnr