The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1899-01-25


inferior court, it shall be the duty of
the said judge or justices of peace, or
said principal officer, to assign such per-
sons convicted in his court to said Road
Superintendent for work on the public
roads Of said county.
Section Q. That when the Commits
sioncrs of any county shall have made
provisions for the expense of supporting
and guarding, while at work on the pub
lie roads. a larger number of prisoners
than can he supplied from that county
upon the application of the County Com
missioners of said county, the judges of
the Superior or Criminal court, and the
justices Of the peace and the principal
officers of any municipal or other infe-
IiOr court i'll adjoining counties, or any
other county or counties in the same or
adjoining counties; in the same or
adjoining judicial districts which do not
otherwise provide for the working of
their own conyicts on the public roads,
it shall bc the duty of said judges, JUS
tees of the peace, and the principal
officer of any municipal or other inferior
court to sentence prisoners convicted of
crimes aforesaid, to work on the public
roads of said county or counties apply
ing for the same, i'll the order of their
application; and the cost of transport
ing, guarding and maintaining such
prisoners as may be sent to any such
county applying for the same, shall be
paid by the county applying for and re-
ceiving them: Provided, that any and
all such prisoners from such other coun-
ties may at any time be returned to the
keeper Of the common Jail of such c0un-
ties, ut the expense of the county hay
ing received and used them.
Section 10 That the principal public
roads TO be improved or constructed in
accordance with the provisions Of this
act shall be first carefully surveyed and
located by an engineer trained and eX-
perienced in such work, aided by the
County Road Superintendent and such
assistants as it may be necessary for
him to employ, the same to be paid out
of the road fund of the county. for SER
vices and expenses as may be agreed
upon by the County Commissioners. All
such public roads when changed or here
after located. shall be given grade no.
where greater than three feet in one
hundred feet, in counties located in
Eastern North Carolina; five feet in one
hundred feet for counties located in
middle or Piedmont North Carolina; and
six feet in one hundred feet in counties
located in the mountain region of the
State, and width OF not less than TWEEN
ty feet clear of ditcheS trees, logs and
other Instructions. All such roads shall
be thoroughly drained. and wherever it
may be necessary to turn water across
the road this shall be done by putting in
sewer pipes or other forms of covered
drains, culverts or bridges Provided,
that. where in the opinion of an eX-
peNenced and competent engineer insur-
mountable Instructions make the grades
just described impracticable, the grade
may be increased to the extent of one
foot i'll one hundred feet in either of the
regions named in this section.
for distances of less than fifty
feet in any one place: Provided
further, that where the roadway must
he blasted out in hard rock the width
of such roadway shall he not less than
thirteen feet.
Section IL. That for the purpose of
carrying out the provision of this act,
the said superintendent and supervisors
are hereby authorized to enter upon any
uncultivated lands or improved lands
un-encumbered by crops, near to or adj
joining such roads, to cut and carry
away timber, except trees or groves ON
improved lands planted or left for orna-
ment or shade, TO dig or cause to be dug
and carried away any gravel, sand or
stone, which may be necessary to con-
struct. improve or repair said road and
to enter on any lands adjoining or lying
near the road in order to make such
drains or bitches through the same as he
may deem necessary for the betterment
of the road, doing as little injury to
said lands and the timber or improve
ments thereon as the nature of the case
and the public good will permit, and the
drains and the bitches so made shall be
conducted to the nearest ditch, water
course or waste ground, and shall be
kept open by the said superintendent or
supervisors, and shall not be INSTRUCTED
by the owner or occupant of such lands
or any other person or persons, under
the penalty of FORGETTING a sum of not
less than five dollars nor exceeding ten
dollars or Imprisonment or work on the
public roads of the county for not less
than ten nor exceeding twenty days for
each and every offence, said penalty to
be collected by the said Superintendent
to the county treasurer and applied to
the road fund of the county.
If the owner of any lands, or the agent
or agents Of such owner, having in
charge lands from which timber. stone
or gravel were taken as aforesaid. shall
present an account of the same, through
the county road Superintendent, at any
regular meeting of the County Commits
sioners within thirty days after the
taking and carrying away of such tim
Der. stone or gravel or sand, it shall
be the duty of said commissioner, to pay
for the same such sum as may be agreed
upon by them, or by an impartial jury
of three freehslders, one to be selected
by the County Commissioners, one by
the party claiming damages, and the
third TO be selected by these two, with
the right of either party to appeal as
provided for in section thirteen of this
act
Section -. That, subject to the APP
prevail of the Board of County Commits
sioners, the County Superintendent of
Roads is hereby given discretionary
power, with the aid of a competent en-
gineer, to relocate or change any part
of any public road where in his indy