Year: 1874

by the person SO injured. if his. .load
exceeded the ordinary weight of the
county when such injury or damage
occurred


! SEC. T. If, before the commence.
ncnt Of an action provided for in


he foregoing section, the County
commissioners tender to the plain
cllf the amount which he might be
entitled to recover. together with
al legal costs, and the plaintiff re,
fuse to accept the same, and does
not recover upon subsequent trial u
sum larger than the amount so ten
dered, the defendant shall recover
costs, and the plaintiff be entitled
to the results of no verdict. If the
Commissioners of any county neg
lcct to have repaired any of the
highways and bridges which by law
are required to be kept in repair,
shall be deemed guilty of misdc
mcanor, and upon conviction there
OF shall be fined in Il sum not less
than one hundred nor more than
five hundred dollars, in the discre
tion Of the Court The County
Commissioners shall authorize the
oversecr of any district to allow n
man working one day, and also fur
nishing horse, plough or cart, two
days labor; and one working him
self for one day, furnishings wagon
/ and two horses, mules or oxen. three Q
days labor.


SEC. S. All ablc,bodicd male pcr-
sons between the ages of eighteen
and forty-fve years shall be liable
annually to work on the public
/ highways and roads not less than
three nor more than six days, under
the direction Of the overscer of the
district in which they may reside.
In warming men to work upon the
public roads, the oversecr shall
make out a list for the warner, re-
quiring him to give to each person
the kind of tool he shall use in
working upon the highways and
roads.


SEC 8. That if any person. hay
ing been notified or warnod,as here
inbefore provided, shall pay to the
County Treasurer of the county in
which he may reside the sum of one
dollar per day for each days work
required, the same shall be received
in lieu Of such labor, and shall be
applied by the Commissioners of
such county to the construction and
repair of the highways in the dis
tricts to which they belong.


SEC. 10. The ovorscers in their
respective districts shall have full
power to cut down and make use of
any timber, wood, earth or stone in
or near the road, bridges or cause
way, for the purpose of repairing
the same, as to them shall seem ne
cessary, making just compensation
therefor, should the same be de-
manded. Overseers shall not au-
thorizc the cutting down of any
timber trees reserved by the owner
in clearing his land, or planted for
the purpose Of shade or ornament,
either in the fields around the
springs, or about the dwelling
houses, or appurtenances, nor the
cutting of any rail timber, when
other timber may be procured, ut
or near the place, OF take stone or
earth from within the grounds of
any person enclosed for cultivation,
without the consent of the owner of
the same. If any persons shall by
any means hinder, forbid or oppose
the said ovcrseers, or either of them,
from cutting down and making use
of any timber, wood, stone or earth
in any or near said roads or cause
ways, for slight repairs of bridges,
for the purpose Of making or re-
pairing the same, or shall in any
manner obstruct the passage of
said road, causeway or bridges by
gates, bitches, OF any other obstruc.
tions, except where authorized by
law, or shall hinder, forbid or threat
Oh any traveller from travelling any
public road, and every person for
such offenso shall be deemed guilty
of q misdemeanor, and upon con
viction thereof in Trial Justices
Court, shall be fined in q sum not
less than five nor more than ton dol
lars. '.1%


SEC. II. If any person liable tc
perform such labor shall remove
from one county to another, who
prior to such removal performed
the whole, or any part of it, or in
any other way has paid tho whole
or any part of the amount aforesaid
in lieu Of such labor, and shall pro
duce a certificate OF receipt of the
same from the 'o1erseor of the dis