Page:United States Statutes at Large Volume 12.djvu/831

 THIRTY—SEVENTH CONGRESS. Sess. III. Ch. 106. 1863. 801 tax collector and the superintendent of roads, it shall be the duty of all tax-payers who desire to work out that portion of their road tax which Th°°° d°°i"i"5 is herein provided they may work out, as early as the first Monday of :;Xw°{;k¤Z3·;h:Qi April of each year, to give notice to the supervisor of their district of periisor. such desire, and such supervisor shall notify the tax collector. But in case any one shall fail to perform the labor required of him, the tax collector shall, upon being notified thereof, collect the said tax in cash, with the twenty per centum added. Sec. 5. And be it further enacted That it shall be the duty of the Thru *`°¤**l¤¤ superintendent and supervisors of roads to have at least three fourths of 3;,:§°,:°g,°,f° Z the work to be done on them during the year performed as early as the middle of July. middle of July; and in making and repairing the roads they shall be Crowning of raised full twelve inches higher in the middle than at the sides, and shall mmbe gradually rounded off to the gutters, which shall be made capacious enough to carry off all the falling water. Sec. 6. And be it farther enacted, That no bill for labor performed Wh¤*_bm¤°¤lY upon any road or bridge shall be allowed or paid to any supervisor by °°b°P°“d' the levy court which is not accompanied by a certificate of the superintendent of roads that he has personally examined the road or bridge so 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, Pmviso. That one or more members of the court, to be appointed for that purpose, ma, after personal examination, make such certificate. Src. 7. And be it further enacted, That on extraordinary occasions, I¤¤¤¢<!i¤¢¤ mi when any public road or bridge shall be destroyed, or so injured as to re- ;E°rd*°°W "' quire immediate repair, it shall be the duty of the superintendent as well ' as the supervisor of the road to cause the necessary repairs to be forthwith made; and if there are no funds in hand with which to hire laborers and teams, or if laborers and teams cannot be otherwise procured, the said supervisor shall immediately summon a 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 a team and living within a reasonable 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 neglect or refuse to appear and labor, or send an ablebodied substitute, or shall refuse his team, cart, wagon, or plough, he shall forfeit and pay to the levy court a 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 labor, the use of teams, and other necessary implements, performed and furnished on such occasions, a just and fair compensation shall be paid, to be fixed by the said court. _ Sec. 8. And be it further enacted, That whenever the levy court shall OJ’°¤*"§ WW': deem it conducive to the public interests to open a new road, or change ;g;,.;,,°;,9,,?§€,§€ the course of an old one, they shall direct the route of such road to be surveyed by the county surveyor, and a plat or map of the same to be prepared. They shall then cause notice to be given, by advertisement, Proceedings. twice a week for three weeks, of the proposed opening of the new road, or of the alteration of an existing one, calling upon all persons w_ho may have any objections thereto to present them to the court at 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 suggested as more advantageous, the court may adopt it, or appoint five discreet, disinterested men, of whom the county surveyor shall be one, to examine all the proposed routes, and report such an one as they shall deem most feasible and advantageous to the county, and such report shall be made to the court at its next session. It' no objection to the opening or altering a road by the owners of the land through which it must pass after such notice [is made], it shall be taken for granted that no damages are or will be claimed, and the road may be recorded and opened, and shall then be von. xii. Pun.- 101