1830.

nish commis

sioners with

books of the

commissioners of the revenue,

tax to be fixed &c.

paid agreeably to the terms of the subscription, and on failure, the commissioners shall have the right in law to recover the thing so subscribed or the value thereof, by the appropriate action; and the improvement, addition or repair contemplated, shall be deemed in law a valid consideration for the subscription.

Sec. 4. Be it further enacted, That it shall be the Clerks to fur duty of the clerk of the county courts of the aforesaid counties, within ten days after the return to them of the books of the commissioners, of the revenue in each year, to make out for the road commissioners, a complete copy thereof, and furnish the same on request; and it shall be the duty of the road commissioners, forthwith to furnish each of the overseers by them appointed, with a transcript of so much of said commissioner's book as will embrace all the persons and property within the bounds of his precinct, shewing in an appropriate column, the amount of revenue to be paid by each individual within the bounds, at a rate to be fixed by said commissioners, not exceeding six and a fourth cents on the one hundred dollars, and add to that revenue, a poll tax upon each white male tithable within their county, and upon each male amongst the free negroes and mulattoes within their county, not exceeding one dollar, nor under fifty cents; and each overseer shall, from time to time, as occasion shall make it necessary, call upon the individuals so within his precinct to work upon the particular road of which he is overseer, until each person liable to a revenue or poll tax as aforesaid, shall have worked upon the public road a length of time equal to one day for every fifty cents to which such tax shall amount; and this estimate shall determine the quantity of work due upon the road by each person liable to the same: Provided however, that the county court of the county may, for good cause shewn, exempt any person whatever from the whole or any part of the labor which would be due by the aforesaid estimation; but such exemption shall only operate during the time to be limited by such court, and shall not be retrospective in its effects: And provided further, that the labor to be performed may at all times be done with one or more able bodied industrious substitutes; and it shall be the duty of the overseers to dock any individual at the rate of ten cents per

Road tax may be paid in labor.

1830.

hour, for every hour he shall, when attending to
work on the road, willfully idle away, or to dock
him for laziness and neglect of duty, or disobeying
legal and reasonable commands or instructions in re-
lation to the work, but any person docked shall be
informed of it within ten days of his delinquency,
and of the extent of the sum for which he is so
docked, and the commissioners shall have power to
strike out or continue against the individual, the
sum or sums for which he was so docked, as they
may think justice and the public good requires:
Provided however, that where an individual has taxa- Proviso.
ble property in more than one road precinct or more
than one county, the whole of the labor due by him
for such property shall be payable by labor in that
precinct in which he may reside, and the commis-
sioners shall certify the amount thereof to the re-
spective overseers in whose precinct he shall so re-
side, in that portion of the commissioner's book
transcribed for such overseer: And provided further,
that the property of no person shall be taxed unless
the county in which he lives is embraced in the pro-
visions of this act, be his property situated where it
may.

Road commissioners to furwith list of de

nish Sheriffs

Sec. 8. Be it further enacted, That on the first Monday in December in each year, the overseers of roads shall deposit with the clerks of their respective county courts, for the road commissioners, a list of linquents, &c. all the delinquents for the preceding year, and the said commissioners shall, on or before the first Monday in January in each year, make out a connected list of said delinquents, and furnish the high sheriff of the county, or one of his acting deputies, there with, whose duty it shall be to receive and receipt to said commissioners for the same, and it shall be the duty of the respective sheriffs, to collect the a- Sheriffs to colmount of the said delinquent list from the respec- lect road tax. tive persons named therein, in the same manner and within the same time, that by law they are now required to collect the county levy, and account for and pay over the same to the said commissioners, on or before the first day of October in each and every year, and return a list of delinquents to the county court at the court of claims, who shall examine the same, and allow such as they are satisfied could not have been collected by reasonable diligence on the part of the sheriff, and charge the sheriff with the

1830.

sioners may

the Sheriff a

second time,

residue; and on failure of the sheriff to receive the list when so tendered, or to collect or pay over the same, he and his securities shall be liable to said commissioners for the amount of said lists, with fifteen per centum damages thereon, to be recovered by motion in the county or circuit court of that county, ten days previous notice having been given, or by suit on the bond as the commissioners may elect; and the sheriff shall be allowed seven per cent. for collecting, on the moneys actually collected by him.

Sec. 9. Be it further enacted, That the commisRoad commissioners shall, when they place the lists of delinplace list of de- quents returned by the overseers, in the hands of inquents with the sheriffs again for collection, also place so many of the delinquents retu ned by the sheriff as are not hopelessly lost, and take his eceipt therefor, with the others, which the sheriff shall collect if possible; and the sheriff shall return no person a delinquent, unless he has actually demanded of him the amount, if found in his county, and levied on his property, if any he had or has, in his county, at the time of offering to make such return.

&c.

Sec. 10. Be it further enacted, That before the road Commissioners cominissioners deliver to the sheriff the list of deto report ac- linquents in each year, they shall present to the counts to the county court, a statement of the amount of the county court annually. whole of such delinquencies, which the court shall cause to be noted upon the record book kept for that purpose, and when the sheriff shall have settled with the said commissioners, he shall report to the court the whole amount of money paid over to the commissioners, and the amount of his delinquent list allowed, which shall also be noted upon the record book kept for that purpose, all of which shall be evidence against the sheriff or commissioners. And said comissmioners shall keep a true account of all moneys by them expended, and for what particular improvement or repairs, and to whom paid, and shall present, in open county court, at their April or May term in each year, a full and fair copy of said account of expenditures, which shall be evidence against said commissioners and prima facie evidence for them, subject however, to be rejected by extraneous evidence, when relied on by the commissioners.

Sec. 11. Upon the election and qualification of

1830.

new commissioners, the former ones shall deliver over to them, all books, papers and records, and all tools and implements which belong to the public, or Road commiswhich were purchased with the moneys of the pub- sioners to delic, and all other things pertaining to them as road liver over public property. commissioners, and take an inventory or schedule of the same, which they shall also file with the clerk of the county court, after the same shall have been signed, as well by the old as the new commissioners.

Sec. 12. The road commissioners shall, when- Commissioners ever the funds in their hands will justify it, procure may purchase any necessary tools or implements for improving or tools, &c. repairing the roads of their county, and hold the overseers who may receive thein for use, to a strict accountability for their preservation and return; and to that end, shall take a receipt for all tools so furnished. Said commissioners shall keep a book, noticing all their appointments of overseers, and the amounts in their respective precincts in each year, to be paid for in labor, and such other matter in relation to their duties as shall be considered ne

cessary.

roads.

Sec. 13. The commissioners shall, when the funds To improve in their hands will enable them, determine what important roads, and what particular parts of roads shall be improved, and in what manner and to what extent; and advertise for receiving proposals for the works specified, either by inserting a brief statement thereof, in an authorized newspaper, if one be published in their county, or by causing it to be written in a plain hand, and causing one copy to be posted up on the door of the court-house, and another in the most conspicuous place in the clerk's office of the county court, there to remain and be preserved by the clerk until the time therein limited for receiving proposals shall have transpired; and they shall enter into written contracts, taking security for the faithful performance of the work, when necessary, and they shall never receive any work so contracted for, that is not faithfully performed, of good materials, and in accordance with such contract, except as to time; and they may, for good cause shewn, extend the time once, if they shall see proper, and the commissioners in making improvements by contract, shall give preference to the main roads of the county, or some one or more of them.

Sec. 14. Overseers of roads shall be liable to pre

sentments and fines as heretofore; and the commis-
sioners or any of them, in addition to their other
liabilities, shall, for a failure to discharge any of the
duties required of them, be liable to presentment or
indictment, and to be fined at the discretion of a
jury; and for failing to pay over to their successors
any moneys in their hands, they may be proceeded
against by such successors, by suit, or motion on
their bond or bonds respectively; but no commis-
sioner shall be liable in such proceeding, except
such one or more as may be found delinquent, and
such persons as may be bound in the bond with them,
and in rendering judgment for such delinquency,
the court shall award fifteen
per centum upon the
amount which may be found due.

Sec. 15. All fines and forfeitures which, by any
of the penal laws of this Commonwealth, are di-
rected to be paid into the public treasury, or to be
applied to lessening the county levy, shall be paid
over to the road commissioners of the county in
which the offence was committed, in aid of improv-
ing the public roads; and the commissioners may
proceed to the recovery of the same from any col-
lecting officer, who has received such fines or forfei-
tures, and his security or securities, by motion,
either in the circuit or county court, ten days pre-
vious notice being given by such commissioners, or
may sue upon the bond of such officer, and in every
instance of a recovery on the part of the commis-
sioners, by either mode of proceeding, the court
shall award judgment for twenty per centum upon
the amount so recovered; and every person paying
over money to the commissioners under the provi-
sions of this act, shall not be discharged or acquitted
thereof, unless he shall cause to be filed with the
clerk of his county court, a copy of the receipt of
such commissioner or commissioners as received the
same; and it shall be the duty of each of said clerks,
at the April or May term of their courts in each
year, to present to said court an account of all mo-
neys so paid over to each of the commissioners,
shewing the amount received by each commissioner;"
and the court shall cause a notice of the several
amounts to be entered on the record book kept for
that purpose

Sec. 16. In all motions or suits brought by the commissioners, under the provisions of this act, the