Year: 1867

tnat purpose, II deemed by said court necessary
and proper; and, in addition to the tax otherwise
herein authorized, to levy and collect tax on
real and personal property in said county to pay
for the same. The powers herein given are to ap-
ply only to that portion OF the county notinclud-
ed within the corporate bounds of Washington
and Georgetown.


Sec 4. And be it further enacted That the said
court may authorize any portion, not exceeding
three fourths of the taxes levied for road and
bridge purposes, to be paid in labor, ofmen,
horses, mules, oxen, the use of ploughs, carts,
and wagons at rates per day or hour, for each, to
be fixed by said court. But in case any one as
scssed shall have no visible property, and shall
prefer it, he may pay the whole of his tax in
labor. All labor upon roads and bridges shall be
performed at such times and places as the super
intendent of roads shall direct, and under his
supervision, or that oft supervisor of the road,
or such other person as may be appointed to
superintend the work. And it shall be the duty
of the superintendent to notify all persons liable
to pay road tax, to labor on roads, of the time
and place, when and where they must appear and
perform such labor, at least one week before the
day they are required to appear. And he may
notify such as have teams of horses, mules, or
oxen, or may have cart or wagon, to come or
send an ableboded hand with such team, cart or
or bridges such notice to be given personally or
in writing left at the residence of the individual
notified If the person SO notified shall fail to
appear at the time and place, send an able
bodied substitute, or shall not conform to the
directions OF the person having charge of the
work, or shall not labor diligently, in the latter
case he shall be dismissed, and in either case he
shall pay the whole amount of his road tax in cash,
with an addition af twenty per centum thereon
For the convenience of the tax collector and the
superintendent of roads, it shall be the duty ofall
taxpayers who desire to work out that portion of
their road tax which is herein provided they may
work out, early as the first Monday OF April of
each year. to give notice to the supervisor of their
district Of such desire, and such supervisor shall
notify the tax collector. But in any one shall
fail to perform the labor required of him, the tax
pOl hal hliur thereof
lcct the said tax i'll cash. with the twenty per cen
tum added.


See. s. And be it further enacted, That it
shall be the duty ofthc superintendent and super
visOrs Of roads to have at least three fourths of
the work to be done on them during the year per-
formed as early as the middle of July; and i'm
making and repairing the roads they shall be
raised full twelve inches higher in the middle than
at the sidcs and shall be gradually rounded offto
the cutters, which shall be made capacious enough
to carry Oft all the falling water.


Sec. g. And be it further enacted, That no bill
for labor performed upon any road or bridge shall
be allowed or paid 20 any supervisor by the levy
court which is not accompanied by certificate
of the superintendent of roads that he has per


sonally examined the road or bridge made or
repaired, and that the work has been well done
and according TO law, and that the charges are
reasonable and just: Provided, however, That
one or more members of the court, to be appoin-
ted for that purpose, may, after personal eNami-
nation, make such certificate.


Sec. :. And be it further enacted, That on eX-
traordinary occasions, when any public road or
bridge shall be destroyed, or injured as to re-
qurc immediate repair, it SHALL be the duty of the
superintendent well as the supervisor of the
road to cause the necessary repairs to be forth
with made; and if there no funds in hand
with Which to hire laborers and teams if la
borers and teams cannot be otherwise procured,
the said supervisor shall Immediately summon
sufficient number of men living nearest the place
to appear and labor on said road or bridge until
it shall be repaired and he may also require any
person owning team and living within rcasOm-
able distance to appear with said team and cart or
wagon and plough. And if any one thus called
upon, having received two days notice, shall neg
lect refuse to appear and labor, send an able
bodied substitute, or shall refuse his team, cart,
wagon, or plough, he shall forfeit and pay to the
levy court sum not less than three dollars, nor
more than ten, to be recovered before any justice
of the peace in said county, with costs. For Ia
Dor, the use of teams and other necessary imple-
ments, performed and furnished such occa-
sion, Il just and fair compensation shall be paid,
to be fixed by the said court.


Sec. 8. And be it further enacted, That when
ever the levy court shall deem it conducive to the
public interests to open q road, change
the course OF an old one, they shall direct the
route of such road to be surveyed by the county
prepared. They shall then cause notice to be
given, by advertisement, twice week for three
weeks, of the proposed opening of the new road
or of the alteration of existing one, calling up
on all persons who may have any objections
thereto to present them to the court nj its next
regular meeting. If any objections are made, the
court shall then and there hear them. If the route
only is objected TO, and another or others sug-
gested as more advantageous, the court may adopt
it, or appoint five discreet, disintcrested men, of
whom the county surveyor shall be one to eX-
anime all the proposed routes, and report such
an one as they shall deem most feasible and ad-
vantageOuS to the county, and such report shall
be made to the court at its next session. If no
objection to the opening or altering road by the
owners of the land through which it must pass
after such notice is madel, it shall be taken for
granted that no damages are or will be claimed,
q Ia rO1 IN IN
shall then be public road or highway; but if any
owner or owners of the land shall object and claim
damages, and the court cannot agree with such
owner or owners upon the amount, then the court
shall direct the marshal of the District to summon
jury of seven judicious, disinterested men, not
related to any party interested, to be and appear
the premises on a day specified to assess the
damages if any, which each owner of land thro'
which the road is to pass may sustain by reason
thereof And the marshal shall summon such
jury, and administer an oath or affirmation to
them that they will, without favor or partality to
any one, TO the best of their Judgment, decide
what damage, if any, each owner may sustain by
reason of running the road through his premises;
but in doing this they shall take into consdera-
ton the benefit it may be to him or her by enlan-
cling the value of his or her land, or otherwise,
and give their verdict accordingly. 1t shall be
the duty of the marshal, upon receiving the order
from the court, to give the owner or owners
aforesaid not less than ten days notice of the time
and place of the meeting of the jury to assess their
damages In cases where notice cannot be served
on the owner or owners, the same proceedings
shall be had as is provided in this section in the
case of minors. The jury having been upon the
premises and assessed the damages, shall make
out a written verdict, to be signed by them, or a
majority of them and attested by the marshal
which the marshal shall transmit to the court at
its next session, and which shell be recorded If
the court or any owner owners of the land
aforesaid dissatisfied with the vekdict thus
rendered, and no arrangement being made be-
tween thh court and the said owner owners,
the court shall order the marshal to summon a
second jury of twelve judicious, disintercsted
men, not related to any: interested, to meet
and view the premises, giving the parties inter-
ested at least ten days notice of the time and
proceed as before directed in regard to the first
jury. And the verdict, signed by each of the ju-
rors, or a majority of them, shall be returned to
the court at its next session. and recorded as final
and conclusive, aud the road shall then be de-
cared public road, and the court shall order it
to be opened as such. And the same mode of
proceeding shall be observed in cases where ap-
plication shall be made to the court by the resi-
dents of the county to lay out new or alter any
existing road. In all cases where the land through
which it is proposed to run road shall belong to
q minor or minors, it shall be presumed that OBJ
lection is made, and the damages assessed accor-
dinghy. In all cases where it becomes necessary
to summon a second jury to assess damages, if
the amount assessed by the second jury shall not
be grcaterthan the amount assessed by the first |
the costs of the second jury shall be paid by the
party parties objecting to the first verdict but
if greater they shall be paid by the county. All
expenses up to the second jury shall be paid by |
the county. /