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

twenty-one nor over fifty years OF age,
who resides in any road precinct, and
tis not a pauper, having had at least
three days notice, shall between the
first, day OF April and the first OF
November in each year. attend in per-
son or by sufficient substitute, with
proper tools, and work on the county
road in such precinct, under the direc-
ton of the surveyor thereof, at such
places and on such days during the
said period as the said surveyor may
appoint, at least two days, il that num-
Der be necessary. And thecounty court
Of every county in which the said two
days work shall be insufficient to open,
construct and keep in good repair the
roads and bridges thereof, shall pres
cribe by order OF the court the manner
in which the same shall be done, after
expanding thereon the two days work
aforesaid, whether entirely by tax on
properly, entirely by labor, or partly
by tax and partly by labor; and it shall
prescribe, provide for and lay suffi-
cient amount of tax or labor, or both,
as the case may be, to open, construct
and keep in good repair the roads and
bridges in their county during each
year. Every person required by the
county court under the provisions OF
this section to work on roads shall per-
form such additional number OF days
work thereon as may be prescribed by
such order.
+ The county court shall have power
to transfer and require the surveyor
and hands Of any road precinct to work
upon the roads OF another precinct in
the same district, when it shall appear
that such precinct has greater amount
OF road labor 10 te performed and less
hards 10 perform such labor than the
precincts from which such transfer 10
to be made. And any surveyor or
bands failing TO work on the roads OF
the precinct to which they may be, by
order of the court transferred, shall be
subject 10 the same penalties as if they
had failed to work on the roads OF their
own precinct when lawfully required to
do go.
Is. II any person fail to perform the
labor required CT him by the preced-
ing sections he shall pay to the sheriff
OF the county one dollar and twenty
five cents as a Communication for each
days servics; and he shall be deemed
to have 30 failed, if having attended at
the place and day appointed, he refuse
to obey any reasonable direction of the
surveyor, or spend the time in ideness
or iuatteution to the work assigned him.
1t shall be the duty of the surveyor, on
or before the first day OF November IN
each year, to make duplicate lists OF all
persons who have so failed to work on
the public roads in his precinct during
the Ireyious year. and who were pro-
perly notified, stating therein the num-
Der OF days each person failed to work
when REQUIRED One of the lists he
shall deliver 10 the sheriff. and the other,
after the Sheriff shall have endorsed
thereon lis receipt for such delivery
he shall file with the clerk OF the county
court, to be by him preserved, and the
amount thereby appearing to be due
shall be charged TO the sheriff and &C
counted for in his next annual settles
ment with the county, in the same
manner as county levies, are accounted
TOR. If any sum charged ip such lists
be not paid 10 the sheriff within ten
dave from the time they are placed IN
his hands, such sheriff may distraln Tor
the same in the same manner and with
like effect as for state or county taxes,
ANY person claiming to be improperly
placed on said lists, may apply to the
county court to be released therefrom,
within six months from the time such
lists are placed in the hands OF the
sheriff, aud if said court be satisfied
that such person is enormously charged
with said road fine, the court sbal re-
lease him from its payment. The ap-
pllcstion shall be beard and determined
without costs. All money received by
a sheriff under this section shall
constitute a fund to be applied to the
construction, improvement and repair
of roads and bridges in the district IN
which it may be collected.
IA. For the purposes of the twelfth
section, the residence Of any person
who has a family shall be held to be
where the family lesides, and il he
have no family, where he boards. The
notice required ty that section may be
given by the surveyor in person or by
any person under his direction, and
may be served on the person liable tc
work as aforesaid, or by leaving @
written notice at his residence; and ex'
cept in the last case, the notice may 6e
either oral or in writing.
| Is The surveyor Of roads for any
precinct, with the approval OF the
county court, may exemp: from work.
ing on the roads in his precinct any
person he may think unable to per-
form such work, and at the same time
unable to pay the Communication. Suct
exemption must be in writing and shall
not continue in force longer than one
year from the date thereof
l6. Any persoL who has performed
the work required by the twelfth sec
ton or paid the Communication thereof
| in any year in one road precinct sha.
not, if be remove iuto another preclncf
be required during the same year t
work on the roads or pay commutatlor
therein. -
II. II any person under tue dirsc
ton OF the surveyor perform more Ia
Dor on the county roads OF his pre-
crnct in any year than is due from him
the surveyor shall give him a certifi
cate specifying the amount OF exir'
labor 80 performed, which certificate
shall be received for the amount spscI
iied IN discharge OF any labor or roa'
tnx within the same precinct. due Ii
aarfrom the person L