Year: 1877

amount OF money which il will require
to improve and keep in repair each and
every section of the said roads, respec-
lively, for the term of years approved
Of and designated as provided for in
section seven of this act. The road
book herein provided for shall be re-
turned to and preserved by said board,
and shall be open to the inspection OF
any citizen of the county.


10. Each contractor shall sign his
name in book to be kept for that pur-
pose and paid for out of the district
road funds, to a contract embracing oil
the specifications in relation to the
roads contracted for by him, as pro-
vided by the eighth section of this act,
as well as the contract price, the
length of time contracted for, aud tho
number and description CT sections
contracted for. ALI contractors shall
give bond and security in such sum as
the board shall deem sufficient, in a
penalty not less than twenty-five dol
lars, nor more than double the con-
tract price.


IL. That if a contractor refuse or
neglect 20 comply with the law or his
contract. upon complaint, the commits
sionor of roads shall, as coon as practi-
cable, examine the road or section, and
if the complaint is we'll founded, shall
give immediate notice in writing to
the party to make or put his road or
section in repair according to law, or
as the contract requires and upon his
failure to Go 80, the overseer shall pro-
ceed to put the same in order, and the
expense thereof, with costs Of suit,
shall be recovered by the commission
er of roads, in the name of the board,
from the contractor and his securities,
as other debts are recoverable.


IL. That if any section remain unlet
by reason Of there being no bidder, or
the amount offered be deemed unjust,
the commissioner Of roads and over
seer of the district may let the same
by private contract, the contract rrice
not to be more than estimated by the
overseer and commissioner of roads
and no supervisor Of said county, or
or commissioner Of roade, or oversCer
OF the roads therein, or other person
authorized to represent the county in
contracting for the working of Of
the roads thereof, shall be in any way
interested in any contract provided for
in this act and any violation Cf this
provision shall render the CO.ltTaCt
null and void =, aud in case there be 10
contract, the oyerseer of the district
shall take charge of the road or see
ton. and make or keep it in repair,
and for that purpose may employ su, h
number of laborers, teams, wagons,
plows, Gs may he necessary, and u Just
allowance shall bo made for the labor,
teams. pluws, and other implements
which may be furnished by private
individuals, such allowance not TO OK
ceed that paid by the county for like
services Immediately prior to the pas
sage of this act and days work Bhall
be fixed at ten hours.


l3. That when anv contractor shall
die or remove from his district, and
shall have fully complied with the
conditions of his contract TO the date
of his death or removal, the commits
sioner of roads and overseer may re-
lease the said contractor from his con-
tract, and shall let the sections for the
remainder of the term in the same
way and on the same conditions as Mt
the first letting.


IA. That every petition for a new
road, or to lay out open, alter. or
change a public road, must first be
presented to the commissioner of roads
in the district IN which the road is,
VINO bilhiI tbhOlSS llOicOu iIS hDpIO-
val or disapprOval of the same, and
his reasons therefor, which petition
and commissioners report shall be
laid before the county court at its next
term, in open court and the court
shall appoint three discreet freehold
ers to view the ground of any new
load or of proposed change; the cOun-
ty or other competent surveyor shall
accompany the viewers, and if neces-
sary, survey and map tho road. The
whole number of viewers must Wow,
but a majority may decide for or
against, and they may view and make
report of and estimates for any modi-
fication of the route.


10. That notice of the time and
place when the viewers shall meet,
shall be given in some public manner
in the vicinage of tho proposed road at
least five days before the time of meet
ing. The viewers, before they proceed
to discharge their duties, shall he seve-
rally sworn in by the commissioner of
roads. or other person authorized to
administer Oaths, to perform their du-
ties impartially and TO the best OF
their Judgment. If they decide that
there ia public necessity for the road
or change, they shall lay out the same,
having respect for the shortest dis
tance and best ground, and so as to do
the least injury to private property,
aud also, as for as practicable, to be
agreeable to the petitioners, They 8 all
assess the damage done 10 land through
which the road passes, taking into
consideration the advantage to be de-
rived from the road passing through
the land, and shall report in writing
to the next term of the court : but in
no case shall any yard, garden, or
chard, or any part thereof. be taken
without the consent of the owner.


IS. That the court shall examine
the amount of damages assessed, and
If satisfied the public interest Will be
subserved by it's payment and the
opening Of the road, or the proposed
change, shall approve of the report,
and order the damages and the eX-
pense of opening or changing the road
to be paid by the magisterial district
or districts through which the road
may pass, in such proportion as the
damages may have been assessed in
the said districts respectively but up
on the return of the report of tho
viewers, the proprietors and tenants Of
land upon which said report will be,
II established, shall be summoned to
show cause against said report, and
any proprietor or tenant of lands on
which said road will be, if established,
may enter himself a party defendant
10 said petition, after which the same
proceedings shall be had rs under the
L. s.F 1R.a