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scers.

serve as overseer.

of the circuit in which such defaulter resides; Provided however, that in all cases it shall be the duty of the solicitor to give to such defaul ter three days notice, and in all cases of such failure, the certificate of a commissioner of apportionment, shail be deemed sufficient evidence.

Sec. 5. And be it further enacted, That the clerks of the several county courts of this state, shall put up in their respective court-houses, on the first day of each circuit court, a list of the names and precincts of all the overseers of roads in the county, and on neglect shall forfeit and pay for each failure ten dollars, to be recovered on motion made by the solicitor to the circuit court, as prescribed in the fourth section of this act.

Sec. 6. And be it enacted, That every person refusing to serve as penalty for an overseer on any road agreeable to the order of the court of the refusing to county in which he resides, without a reasonable excuse to be judged of by the circuit court, shall forfeit and pay the sum of forty dollars: and it shall be the duty of every person appointed an overseer, to notify the clerk of his county of his acceptance or refusal to act within Overseer ten days after he receives notice of his appointment to the said office. to give no- under the penalty of ten dollars for neglect, and if any overseer shall tice of ac-notify the clerk of his refusal to act, the clerk shall forthwith report the same to two justices of the peace of the neighborhood where such overseer resided, who are hereby authorised and required to appoint a successor to serve for the residue of the term, and such new over, seer so appointed shall be subject to the same penalties and forfeittags in case ures as the overseer appointed by the County Court: and the penalty of refusal. for refusal to accept, and for failing to notify the Clerk of his refusal or acceptance shall be recovered by judgment in the Circuit Court on Penalty motion of the solicitor as is prescribed in the fourth section of this act how reco- and the certificate of the Clerk of the County Court in all cases of for

ceptance.

Proceed

vered.

Proviso.

a list of hands.

feiture incurred under this section of this act shall be deemed sufficient evidence: Provided nevertheless, that no person shall be compelled to serve as an overseer more than one,in any three successive years. Overseer Sec. 7. Be it further enacted, That it shall be the duty of every overto demand seer of the road immediately after his appointment and the apportion ment of the hands, to demand a list from every person within his district or precinct, of all the hands he has in his possession, himself in cluded, liable to work on roads, which demand shall be made in person, or in writing left at the usual place of abode of the person applied to, a copy of which list the said overseer is hereby required to return to To be re- the county court, at the next succeeding term; and if any person shall turned to refuse, or neglect for the space of ten days, to deliver a list thus requir co. court. ed to said overseer, such person so refusing or neglecting, shall forfeit penalty for and pay the sum of six dollars for each hand liable to work so refused refusing to give a list, or neglected to be given in or returned, to be recovered on motion of How recothe solicitor, to the circuit court, as prescribed in section fourth of vered. this act, and the evidence of the overseer shall be deemed sufficient proof of such refusal or neglect.

Notice to

hands.

Sec. 8. Be it further enacted, That it shall be the duty of the overbe given to seer of any road to give three days previous notice by summons in person or in writing left at their respective places of abode, to all free male persons as well as to the owner, overseer, or overseers of all slaves liable to work on roads, as apportioned: by him to meet at such times and place as he may appoint, and to bring with them such toole to work with on the road, as he may direct, and if any free person so

summoned, shall fail to attend, or send a substitute to work in his Penalty place, or when attending, shall neglect or fail to do and perform his or for retsing to their duty therein,he or they shall forfeit and pay a fine of one dollar per work. day each, for every such failure, non attendance or refusal: And if any slave or slaves fail to attend agreeably to the summons of the overseer of the road to the owner or overseer of such slave or slaves, then and in that case the owner, owners, or overscer (as the case may be) shall forfeit and pay one dollar per day for each and every slave that shall fail to attend as aforesaid; Provided, that all reasonable excuses shall be heard and allowed. And it shall be the duty of the overseer to return under oath a list of all hands apportioned him within his district or precinct, who may not have worked when by him called out, and said covered. county court shall cause the clerk of said court to deliver a certified copy of the same, in charge of the tax collector of such county, who shall collect the same in the same manner as the taxes of each county which he shall, when collected, pay over to the clerk of said court, Provided nevertheless, that if any overseer returns an incorrect list to the county court, any porson injured thereby may receive the amount of any damage sustained by him or them by an action of debt before any Justice of the Peace or Court having jurisdiction thereof.

How re

Sec 9. Be it further enacted by the authority aforesaid, That it shall Overseer be the duty of all overseers of public roads, to measure all roads, and to measure to set up posts at the end of each mile leading from the Court House, roads, set or some noted place or Town in their respective counties, and to mark "p posts, on the said posts, in large legible figures, the distance in miles, to their said Court House, or some other noted place or town, and when a past so erected shall be removed by any means whatever, the overweer of the road shall cause the same to be replaced by another to be put down in the same place, marked as on the one removed; it shall also be the duty of overseers of roads to affix at the forks of all public Inder roads in their respective districts or precincts index boards pointing at, with directions to the most noted places to which they lead, and on failure, to put down mile posts marked as aforesaid, or Index boards as aforesaid; the overseer of such road for each failure or neglect shall forfeit and pay the sum of five dollars, to be recovered by Judgment Penalty of the Circuit Court on motion of the solicitor as prescribed in the fourth section of this act.

boards.

for failure.

Mainber

Sec. 10. Be it further enacted by the authority aforesaid, That overseers of the road shall have power to call out all persons apportioned to work of days line on their respective roads, within their precincts or districts, at any ble to work time and at all times when they think proper: Provided_nevertheless that no person shall be compelled to work on more roads than one in any one year, nor more than ten days on any road.

Penalty

Sec. 11. Be it further enacted by the authority aforesaid, That if any person or persons whatsoever shall alter or change any public road, for turning unless it be by order of the county court of the county, founded upon a road the report of a jury appointed and sworn as in the case of laying out new roads, they shall on conviction of every such offence, he fined ten dollars for cach nionth the road is turned out of the old course, and that the old road shall in no case be shut up until the overseer shall certify to the court that the newly opened road is in good and sufficient order, nor shall any person or persons erect or cause to be erected across any public road any fence, bar, impedi- structing ment, or shall fall a tree or brush on the same, and shall not remove and clear away such fence, bar, impediment, tree or brushy within twen

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ty four hours thereafter, he or they shall forfeit and pay ve dollars for every such offence, and shall morcover be liable to pay five dol lars for every twenty four hours after the first day that the said fence, bar, impediment, tree or brush remains in the said road; and it shall be the duty of the overseer of the road turned as aforesaid, or on which such impediment may be, to lodge information with the solicitor of the county in which the same may be, and the circuit court shall enter up judgment against the offender or offenders as prescribed in the fourth section of this act for the amount of penalty incurred, and the oath of the overseer of the precinct or district shall in all cases be deemed sufficient evidence.

Sec. 12. Be it further enacted by the authority aforesaid, That when ways to be to the overseers of roads it may appear expedient to make or repair causeways on the same, said overseers shall make them at least fourteen feet wide, and the earth necessary to cover the said causeways shall be taken from both sides of said causeway equally, and so as to form a drain on each side.

Sec. 13. Be it enacted by the authority aforesaid, I nat when a bridge shall be necessary over any place where the overseers with his assistBridges ants, cannot coveniently make it, the court of the county wherein such may be eplace may be, is hereby empowered and required to contract and *rected. agree for the building, keeping, and repairing thereof, and to lay the charge on their county by tax or otherwise; and where bridges shall be necessary over any such creek or river, which divides one county from another, the court of each county shall join in the agreement for building, keeping, and repairing the same; and the charge thereBridges on of shall be borne and defrayed by both counties, in proportion to the line divid- amount of taxables in each; and all and every contract, agreement, ing coun- and order, by the several county courts in this State, entered into, or built. made for, or concerning the building, keeping or repairing of bridges or causeways, in such manner as to them shall seem most proper, shall be good against them and their successors in office.

ties

on

seer

how

neglect of duty.

Penalty Sec. 14. Be it enacted by the authority aforesaid, That every overover-seer of any road who shall fail or neglect to keep the roads, bridges, for and causeways, within his district, or precinct, clear and in good repair, or permit them to remain uncleared, or out of repair for fifteen days at any one time, unless hindered by high water, bad weather, or other sufficient cause, to be adjudged of by the court having jurisdiction of the same, such overseer shall forfeit and pay for every such offence twenty dollars, to be recovered by judgment of the circuit court. on motion_made by the soliciter, as prescribed in section fourth of this act: Provide nevertheless, that payment of this penalty, shall not prevent any persons who may have sustained damage by the road being out of order, from recovering the amount of such damage from such overseer.

ent apart

Sec. 15. Be it further enacted by the authority aforesaid, That it shall and may be lawful for any overseer, if required by a majority of the Roads may hands on the road within his district or precinct, to mark out such road be divided in equal apartments for the ease of the labourers, who shall finish his into differ- or their part within the time agreed on between said overseer, and each free person, master, mistress, or overseer, and in default of any agreeing party, the overseer shall be, and he is hereby authorised to cause the same to be done by hire of other persons, and thereon to tender his account and demand payment of said defaulter or defaul ters, and on refusal, to warrant for the same, before some justice of the

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peace, Provided, that the overseer shall in no case give a longer time than ten days to any hand, to do the work apportioned or marked out for him.

Ferries

lished.

Sec. 16. Be it further enacted by the authority aforesaid, That at all times hereafter, the county courts in this state, shall have power to establish ferries, and order them under such regulations as is hereinafter directed. That before any person shall open or establish a public how estabferry in this state, he shall first apply to the county court of the county in which such ferry may be, and the court for good cause shown by the party applying, may grant a licence to establish a ferry, and shall affix the rate of toll or ferriage on all persons, horses, cattle or carriages, &c. that may pass the same, and shall moreover, require from the person or persons so applying for licence, to give bond with good and sufficient security in the sum of one thousand dollars, payable ta the chief justice and his successors in office, of the county in which the ferry may be. Conditioned, that the person or persons to whom said licence may be granted, that he or they will constantly provide and keep good and sufficient boats, also the banks on each side of the water course in good repair, and that said ferry shall be well attended for travellers or other persons to carry or pass their horses, carriages, or effects over such river or water course.

Keepers.

to give

bond,

tablished

of

Sec. 17. Be it enacted by the authority aforesaid, That where land is owned by the same person, on both sides of a river, over which it No ferry may be necessary to establish a ferry, such persons shall have the fer-shall be es Ty established on his land on both sides if he desires it, unless public within two convenience would be thereby prejudiced; but if the land of such miles person is most suitable on one side of such river and not on the other, one already estab then the court may establish such ferry, so as to produce the most published. fic good and least private injury; no public ferry shall be established within less than two miles by water of a ferry already established, unless on any river at or within two miles of any town. Provided nevertheless, that any ferry may be established on any sixteenth section, whenever the trustees of said sixteenth sections think it advantageous to the township in which said section may be."

Sec. 18. That the county court, through whose county large creeks, County or water courses pass, over which it may be too burthensome to build courts may bridges by a county tax, it is hereby made lawful for such county establish toll bridges courts to contract with any person or persons to build a toll bridge or causeway, for which the court is hereby authorised to lay the toll to be levied on all persons, horses, cattle, and carriages passing over the same, to be granted to the undertakers for such a number of years as the said court may agree upon for the building such bridge or causeway; and the builder, or builders, and their successors, shall keep such bridge or causeway in constant repair, and in default thereof, the owners of such bridge or causeways shall and hereby arc declared to forfeit all right and title to the toll thereof.

Keepers

Sec. 19. Be it further enacted by the authority aforesaid, That the county court before granting a license to any person or persons to build a toll bridge or causeway as authorised in the seventeenth section of this of toll act, shall take a bond in the same way and manner as is prescribed bridges in establishing ferries, for a sum not exceeding one thousand dollars; to give and if any person or persons shall at any time sustain damage in consequence of any ferryman or owner of the ferry, or keeper of a toll bridge or causeway, not having complied with the conditions of his or their bond, the person or persons so damaged may bring an action of

bond.

ance or

duty.

debi against such terryman or owner of such ferry, or keepery of a toll Fenalty bridge or causeway on his or their bond, in the name of the court of the for non-proper county, and recover judgment for non-performance of the sid parform conditions, for so much damage as he, she, or they, may have sustainneglect of ed; and thereupon take out execution and cause the money to be made, and when made to apply the same to his, het, or their use, which bond shall not be void upon the first or any other recovery ; and it shall and may be lawful, for any person or persons detained at any public ferry by reason of the ferryman's not having good and sufficient boats, or other proper craft, and hands, or by neglecting to do his uti ty,may, by warrant from a justice of the peace, recover of such ferryman, or owner of such ferry, the sum of ten dollars for every default or neglect, Provided, that any such recovery shall not be a bar to any action for damages sustained by any person by reason of insufficiency of said ferries and bridges.

Sec. 20. Be it further enacted by the authority aforesaid, That if any Penalty person or persons shall establish a public ferry or a public road, toll for estab-bridge or causeway, contrary to the provisions of this act, he or they lishing ry without shall forfeit and pay five hundred dollars, for every public ferry and licence. public road, toll bridge, or causeway, so established, to be recovered

by indictment or presentment by a grand jury in the circuit court of the county or counties in which such ferry, toll bridge or causeway, shall be so established, and every person or persons who may have Penalty any licensed ferry, toll bridge, or causeway, and who shall demand and de- take a greater toll, than is allowed him or them by law, or by order of manding the county court, shall forfeit and pay the sum of five dollars for each established and every such offence, to be recovered by indictment, or presenttoll. ment of a grand jury as prescribed in the foregoing part of this sec

for

more than

tion

Judges to Sec. 21. Be it further enacted by the authority aforesaid, That it shatl give this be the duty of the Judges of the several circuit courts of this State, tu charge to give in charge to the grand juries of the different counties, at the grand jury opening of each term of said courts; this act, and the said grand ju

act in

for

ry shall present the overseers of every public road, bridge, and causeway, as well as the owners and keepers of the toll bridges, causeways and ferries, which shall not or may not have been kept in such order and repair as required by law, and every person or persons who may have altered any public road, without having obtained an order of court therefor, as is directed by the provisions of this act, or any such person or persons, who may have erected any fence, or bar, impediment, or fell trees or brush in any public road, contrary to this act; and it shall be the duty of the solicitor of the circuit courts, upon such presentments made by the grand jury, after giving such defaulter three days notice, to move the court for judgment against such de faulter or defaulters, in the same way as is prescribed in the fourt section of this act; provided however, that the court shall hear the excuse of any overseer or other person, who may have violated the provisions of this section of this act, and on good cause being shown for default, then and in that case, no judgement shall be awarded.

Sec. 22. Be it enacted by the authority aforesaid, That all the overDivene- seers of roads in this State, may, and are hereby authorized to contract or to con- with a carpenter to make all Mile Posts and index boards necessary for his district or precinct, of good durable wood, and for cutting the and index figures on the former and painting the latter, both of which shall be boarde done in a good and proper manner, and it shall be the duty, of said over"

tract
mile ponts

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