Spirit of Jefferson. [volume] (Charles Town, Va. [W. Va.]) 1844-1948, 1874-01-27


either case, shall allow a fair compensation TO
the owner for the use thereof; and if the sur
veyor and the owner do not agree as to the
amount, each shall choose free-holder of the
district. and the two so chosen may, if neces> .
sary, select third to ascertain what would be
fair compensation to the cWner for the use
of the said property. The sum so agreed on,
or sscertained shall be paid by order Of the
court out of any money applicable thereto.
90. The surveyor of auy road precinct may
take from auy convenient lands so much wood,
stone, gravel, or earth as may be necessary
for constructing or repairing any county road
or bridge in such precinct, aud may, for the
purpose of draining any such road, cause
ditch to be cut through any land adjoining
the same. But such wood aud other articles
shall not be taken from, nor such ditch cut
through any lot in town or city without the
consent of the owner. The surveyor shall,
if required, allow fair compensation to the
owner for the articles so taken, or the damages
done by cutting the said diInh but if tho
surveyor aud tie owner do not ngree as to tho
amount the same shall be ascertaiued accord.
ing to the preceding section. The sum so
agreed on or ascertained shall be paid by order
of the court out of any money applicable
thereto
2l. The surveyor may change any county
road in his precinct with the consent of tho
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 tho road in repair, or plSco the same on
worse ground than it was before such change,
or render the said road in any respect worse
than it was before the change Any surveyor
who shall mako such change otherwise than
as prescribed by this section shall be guilty of
a misdemeanor, and on conviction 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 iu each district in their
county, together with the labor required to bo
performed therein, to construct, put and keep
in good repair the roads and bridges in such
district and shall by an order entered in their
Journal direct the assessor of tho assessment
district in which such district may be, to ex-
tend on the land and property books required
to be made by said assessor. road tax on the
real and personal property taxable in said dis
trict, at such rate as may be specified in such
order or resolution, which levy shall be made
upon the latest assessment thereof for State
taxation. Such tax shall be lien on the real
and personal property on which it is imposed
in like manner aud effect Us county taxes, and
shall be collected aud accounted for bv the
sheriff, in the same manner as cnuntg taxes
are collected and accounted for. II shall con-
stitute a road fund, TO be expended on tho
order of the county court in the district in
which it may be collected, in the construction
aud repair Of the roads and bridges therein.
For extending the rosd levy on the land aud
property books the court shall allow the as
sessor a reasonable compensation, payable out
of the county treasury and for collecting
said levy the sheriff shall be entitled to the
same commission as for tho collection of State
taxes.
%. If any person assessed with any road
tax desire TO pay the same, or any part there.
OF in labor. he shall work on the county roads
or bridges in his district, if the same coDstiS
tuts but one road precinct, at such times and
places IS shall be appointed by the surveyor,
or it there be more than one such precinct in
the district at such times aud places as tho
county court may direct. Provided, that in
case there be more than ono road precinct in
the district and there be necessity for the
expenditure of such tax in the precinct whore
Duch person resides then such labor shall bo
performed in that precinct. Snch labor shall
be performed in all cases. under the direction
of the surveyor, and the price thereof WHOM
performed by an able bodied man q tho Law
cents per day. OF siicb offef f1m a may 81
fzed.by the county court When any s7TTa sT-.
labor is performed by or on behAIf Of any
persou assessed with snch road tag. the. SURF
veyOT within whose precinct such labor Is
performed, shall give the person performing
such labor, q certificate setting forth the nuu.
Der of days aud fractional parts Of days labor
performed by such person, together with tho
money value thereof, as prescribed by the
foregoing rate, or at such rate as may be pro,
scribed by the county court. The sheriff shall
receive such certificate in discharge Of any
road tax with which such person may be-
charged TO the amount specified in said GER
tifcnte. and the amount IF such certificate
shall be allowed 10 the sheriff in his settlement
for the collection Of the road tax. NAuy SUR
veyor knowingly giving . certificate 70 any
person charged with road tax for Q greater
amount than the labor actually performed shall
he guilty of misdsmeAnor and on conviction
thereof shall he hned not less than ten nor
more than one hundred dollars.
CONVERSATION OF TIE SURVEYOR OF ROADS.
"a. Every surveyor Of roads shall be al
lowed for his services such sum as may be
liked by the county court not exceeding tw0
dollars for every day necessarily employed by
him in performing his Official duties and his
own affidavit shall be received rs prinlG facie
evidence thereof; and such account when
audited and allowed by the court shall be paid
out Of the county treasury ; and If he is
liable to work on the roads, there shall be
deducted from his compensation two days
work in every year and such other number
Of days as he may he required to work on
roads by order of the county court.
(To be continued ne1t reeE)