The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1899-01-20

ennially. on the nrst Monday in June. :
Joint session OF said county commission
county, who shall tak cath ana give
l bond as aforesaid. Said road commission
| er shall enter upo his duties and work
commissioners to begin his work. Safd
road commissioner shall direct the laying
out OF the roadways. with the aid. OF an
when and where to w~orks-provided. tha
tuM board OF county commissioners shall
designate which roads Leading into WI
mingson shall first be worked and tho
tstancc from the corporate limits Of the
town OF Wilmington. at which said work
on other roads leading taso raid citys
that Is the mos important roads I'm the
Judgment OF the unit commissioners
lance frcm Ii corporate limits or said
city outwardS as they may deem best.
Said road commissioned shall require tho
control over and direct the working OF
the convicts In New hanover county and
said other iaeorers as may be deemed by
employ or DE employed on said roads. TO
be paid for out OF funds herein provided
for. 1t shall be hts duty to employ a
superintendent OF the chain gang. or
convict force and such other force ~ az
may be deemed by the board OF commits
s,ens,s ss nj, 70 employ; and ns the nsS-
and caring for the convicts worked un-
der and by authority OF law. He shall
them at any time for cause. all OF which
duties or satd commissioner shall be sub
lect to the control and approval OF tho
In the event OF the failure OF the road
commissioner TO discharge his functions
and duties. the superintendent shall pro-
coed under his own discretion until the
said board OF commissioners shall 9TH
erwfse direct. The money raised and cos-
be paid out except on the order OF the
board of county commissioners. who
shall nx the compensation OF all officers
and employees herein provided for In said
county. and said commissioner shall
require the county treasurer TO account
With them twice annually for the Sid
they deem expedient reports from officers
and employees concerning their progress ir
what manner they have performed the
same.
Sec. IL. That for the purpose OF laying
out, opening up, constructing or working
any public road herein provided for, the
road commissioned or any one acting
under his authority. shall have the right
whose land the road may pass over and
may proceed TO open the road and use
stone. earth. timber or any necessary ma
terial contiguous TO said road. doing as
little injury as possible to the premises
Tor opening, constructing and working
such road, and he shall have authority,
subject TO the approval OF the board OF
county commissioners to agree with the
owner thereof for damages thereto, n
NiM Sdllr 81 dkTttu UPON ana 1DnTONed
by the board OF commissioners shall be
directed to be paid as in case OF other
payments.
In case there should be failure to agree
as TO such damages. and TO have the
same approved, then the road commis-
sioner and the claimants shall each Sc
lect an arbitrator In writing. which arbi-
traitors shall select a third arbitrator, and
said arbitrators. or a majority OF them,
be paid as hereinbefore provided. Said
arbitrators shall make their award I'm
writing. and from this award either par
" may appeal to the superior court for
New Hanover county. the party appeal
ing within ten days notice OF the award.
OF his appeal and the last chosen arbi-
traitor above provided for shall certify
the papers in the matter TO said court.
when the case shall be docketed and the
questions and issues involved shall bNuU
submitted TO a jury as other issues ON
Iact are submitted, and the case when
against the board of commissioners OF
New Hanover county.
Sec. II. That the preceding sections OF
this act shall not repeal the law now
in force applicable to the general work.
ing OF public roads in said county. except
repair the roads constructed or iirwrov-
ed under the provisions of this act snail
at all times be under the direction OF
said road commissioners. and any overseer
refusing to act in respect to said roads.
as said road commissioner may direct.
shall be guilty OF a misdemeanor. Pro-
NhtN's Wv h6N~ vi IA
are required TO work under the road law
now in force shall not be required TO
work in direct contact with persons who
have been convicted OF crime and sem
tencT~ the roads.
Se6. That the said board OF commLs-
sioneh hall have authority to employ
a physician TO attend the convicts work.
ed on the public. roads. provide for their
care; safe keeping and discipline. and
shall have power and authority to do
and perform all things necessary TO carry
into effect the objects and provisions
Sec. IA. Thai all justices OF the peace
and mayors Of towns in said county who
may convict persons OF crime within said
county in cases and for offences OF which
said justices and mayors have jurisdic-
ton to infict punishment. may, when
they impose punishment by sentence of
Imprisonment on any such offender
against the law. sentence said convicted
person to work on said public road I'm
Imprisonment as they may adjudge. And
such convicted person shall work on said
roads as hereinbefore provided until he
be discharged according TO law. And any
Judge holding court In the county OF
New Hanover may sentence all persons
convicted OF any violation OF law. and
| whose punishment Is not by fine alone,
for which such person may be sentenc-
ed to road work under the laws OF the
state TO work on the public road In said
| court Judge or Judge OF a criminal court
holding court in any other county In tho
state in which county there Is not pro-
vision Of law for working convicts on the
| public roads, may sentence convicted
| persons who are subject thereto 10 work
on said public roads in New Hanover
county. Provided, however, that the board
Of commissioners OF New Hanover coun-
ty shall first make application to said
| courts and Judges OF said courts TO sen-
tence such convicted persons TO work on
said roads.
Sec. is. That the road Commissioners
provided for by this act shan have tho
care and charge OF an tools and appli-
ances, shall make an inventory Of the
L "a me and fllTntGh II IN thu rad AfHpnR
f~ntendent. who h look after the safe
ty OF all such tools. machinery and ap-
pliances. and any such superintendent
shall be liable for the loss OF the same
resulting from his careiessness or neg
/ iect.
Sec. Is. The board OF commissioners OF
New Hanover o1nty shall audit and as
certain the account OF the sheriff for all
taxes levied and collected under rhis act,
and make settlement of the same be-
tween said sheriff and the county treas
urer and said board OF commissioners