Chap. 268.—An ACT to provide for working the roads and repairing
the bridges in the counties of Bedford and Frederick.

Approved March 6, 1882.

1. Be it enacted by the general assembly, That it shall be
lawful for the counties of Bedford and Frederick, after the
first day of May, eighteen hundred and eighty-two, to locate,
open, change and repair highways, roads and bridges, as
follows:

2. That for each magisterial district in the counties of Bed-
ford and Frederick, there is hereby created and established
a board, consisting of the supervisor, a commissioner of
roads, and one of the justices of the peace for each district,
which board shall have the exclusive control of the roads,
bridges and ferries within its limits, and all taxes levied for
road purposes and for building and repairing bridges, shall
be expended in said magisterial district, except as hereinafter
provided. The justice of the peace, constituting a member
of said board, shall be chosen and designated by the super-
visor and road commissioner, constituting the two other
members of the board, and the commissioner of roads shall
be appointed by the judge of the county court, as hereinafter
provided. The designation of the justice who is to serve on
said board shall be in writing, and shall be preserved and
recorded by the board of road commissioners. The board
hereby created and constituted, is declared to be a body politic
and corporate, and shall be known and designated as the
board of road commissioners for magisterial district, in
the counties of Bedford and Frederick, and by such name
may sue and be sned. If from any cause either of the mem-
bers of said board shall be prevented from attending any
meeting thereof, the other members may, in case of emer-
gency, call in any justice of the peace for the district, who,
with them, shall constitute the board for the time being, and
they shall have all the power and authority vested by this
act in the board of road commissioners for said district.

3. The road precincts shall remain as now laid out and
described, by metes and bonds, in the several magisterial dis-
tricts, until changed by the board of road commissioners.
The said board shall have power, and it shall be their duty,
to make such changes therein as may be proper. The sur-
veyors in charge of such precincts, when this act goes into

effect, shall continue in the performance of their duties until
the overseers hereinafter provided for, shall be appointed and
qualified.

4, That annually there shall be appointed by the board of
road commissioners, not later than the fourth Saturday in
May of each year, a road overseer for each sub-road district
established by them, whose term of office shall be for one
year, beginning on the first day of July succeeding bis ap-
pointment. He shall reside in the district for which he shall
have been appointed, and shall have charge of the roads of
his district. Tf any such overseer refuse to serve after being
appointed, or fail to work the roads in his district when direc-
ted by the road commissioner, he shall be liable to a fine, on
presentment by the grand jury, not exceeding twenty dollars ;

ut any person, after being overscer for two consecutive

ears, may give up his office on producing a certificate to the

oard from the road commissioner, or other satisfactory evi-
dence, that the roads in his district are in proper order; and
he shall not, within two years thereafter, be appointed over-
seer without his consent.

5. That his duties shall be te see that the roads in his dis-
trict are kept in good repair; that the bridges are in a safe
condition; that the roads are kept free from obstruction ;
that all loose stones are removed; and he shall contract for
all tools and implements necessary for working the roads,
subject to the approval of the commissioner of roads, and
shall have custody of the samc; and sball perform such other
duties as may be prescribed by law or directed by the board
of road commissioners. His compensation shall be one dol-
lar per diem for each day actually engaged in working on
the roads, on the approve and warrant of the board of super-
visors, paid out of the county treasury.

6. That annually, at the May term of the county court,
there shall be appointed by the judge of the court, for each
magisterial district, one commissioner of roads, whose term
of office shall for one year, beginning on the first day of July
next sticcceding bis appointment; he shall reside in the dis-
trict for which he is appointed. Each commissioner of roads
thus appointed, shall qualify before the judge of the county,
in court or during vacation, and sball at the time of his quali-
fication give bond, with good personal security, in not less
than three hundred dollars nor more than fifteen bundred
dollars.

¢. That the commissioner of roads shall have charge of all
the roads in his magisterial district. His duty shall be to
see that all the roads in his district are of the proper width,
and in all cases where they are not, to notify the persons
trespassing, by written notice; and if the obstructions are
not removed after reasonable notice, not to exceed thirty
days, he shall direct the overseer of the district to remove
the fencing or other obstruction, and may recover the
expenses, with costs, from the trespasser, upon judgment of
@ justice of the peace. He shall examine the roads in his
district twice in cach year—in the months of May and Octo-
ber, and see that the roads and bridges are kept in good
repair by the overseers and contractors; and if he shall find
any overseer or contractor delinquent, he shall give him
notice in writing, and on his failure to comply with the law
or his contract, shall make the necessary repairs, and en-
force payment thereof. as provided in section eleven of this
act; but if, upon such examination, he shall find tbat such
contractor or overseer has executed his contract or performed
his duty according to the law or his contract, he shall give
him a certificate to that effect, with statement showing the
amount such contractor or overseer is entitled to have offset
against his road tax; such certificate to be given before the
time fixed for the collection of said tax; and where work has
been donc by any person other than a contractor, under the
direction of the overseer, it shall be the duty of such over-
seer to give a like certificate. His compensation shall be two
dollars per diem, for each day in which he has been or may
be actually employed in discharging his duties under the
provisions of this act, and to be after and only so far as the
same shall be approved by the board of supervisors for the
county, who shall issue their warrant for the same upon the
treasurer of the county, to be paid out of the county treas-
ury: provided, however, the amount of said allowance shall
not, for any one commissioner, for any one year, exceed fifty
dollars. The supervisor and justice of the peace, constitu-
tidy members of the board of road commissioners, shall be
allowed, for their services as such, one dollar and fifty cents
each per diem: provided, however, the sum allowed each of
them for their services as such, shall not exceed the sum of
ten dollars for any one year, to be allowed and paid out of
the county treasury, as in the case of the commissioner of
roads and overseers.

8. That the commissioner of roads for the district, and the
overseer of the sub-district, shall let to contract, at public
letting, to the lowest and the best bidder, for a term of two
years (except in case of a new road, then it shall be let until
the next gencral letting), all the roads in each district, not
exceeding two miles in one section. Of the time and place
of which letting they shall give ten days’ notice, by written
or printed hand-bills, posted in at least three places in cach
road district. The specifications of such contract shall be
such as will effectually open new roads, and constantly keep
in repair and clear of all impediments to safe and convenient
travel all public roads; and they shall embrace the making
and maintaining of sufficient bridges over such streams an
ravines as may need them, and in every case, except moun-
tain roads, it shall be specified that the bed of the road shall
be raised in the middle and slope gradually each way to the
sides, where ditches sufficient to carry off the water shall be
made and kept open: provided that the contract price shall,
in no case, exceed the estimate made by the overseer and
commissioner of roads.
9. That it shall be the duty of the said road commissioner
and the overseer, within thirty days preceding the day of
public letting, as directed in the preceding section of this
act, and within the same period of time preceding the expi-
ration of each and every term of years thereafter, to lay out
and divide the public roads and highways in the said district
into sections, not exceeding two miles in length, which they
shall number and describe in a book kept for that purpose.
They shall also distinctly specify therein what they deem
necessary for the improvement and keeping in good repair
the said public roads and highways, with an estimate of the
amount of money which it will require to improve and keep
in repair each and every section of the said roads, respec-
tively, for the term of years approved of, and designated as.
provided for in section seven of this act. The road-book

erein provided for, shall be returned 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 a book to be
kept for that purpose by the commissioner of roads, and paid
for out of the district road funds, to a contract embracing all
the specifications in relation to the roads contracted for by
him, as provided by the eighth section of this act, as well as
the contract price, the length of time contracted for, and
the number and description of sections contracted for. All
contractors shall give bond and security, in such sum as the
‘board shall deem sufficient, in a penalty not less than twenty-
five dollars, nor more than double the contract price.

11. That if a contractor refuse or neglect to comply witb
the law, or his contract, upon complaint, the commissioner
of roads shall, as soon as practicable, examine the road or
section, and if the complaint is well founded, shall give im-
mediate 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 do so, the overseer shall
proceed to put the same in order, and the expense thereof,
with cost of suit, shall be recovered by the commissioner of
roads, in the name of the board, from the contractor and his
securities, as other debts are recoverable.

12. 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 overseer of the district, may let
the same by private contract, the contract price not to be
more than estimated by the overseer and commissioner of
roads; and no supervisor of said county, or commissioner of
roads, or overseer of the roads therein, or other person
authorized to represent the county in contracting for the
working of any of the roads thereof, shall be in any way
interested in any contract provided for in this act; and any
violation of this provision shall render the contract null and
void; and in case there be no contract, the overseer of the
district shall take charge of the road or section, and make or
keep it in repair, and for that purpose may employ such
number of laborers, teams, wagons, ploughs, as may be
necessary, and a just allowance shall be made for the labor,
teams, ploughs, and other implements which may be fur-
nished by private individuals, such allowance not to exceed
that paid by the county for like services immediately prior
to the passage of this act; and a day’s work shall be fixed at
ten hours.

13. That when any 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 com-
missioner of roads and overseer may release the said con-
tractor from his contract, and shall let the sections for the
remainder of the term in the same way and on the same con-
ditions as at the first letting.
_ 14. 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,
who shall endorse thereon his approval or disapproval of the
same, and his reasons therefor, which petition and commis-
sioner’s report shall be laid before the county court at its
next term, in open court, and the court shall appoint three
discreet freeholders to view the ground of any new road, or
of proposed change. The county or other competent sur-
veyor, shall accompany the viewers, and, if necessary, survey
and map the road. The whole number of viewers must
view, but a majority may decide for or against, and they
may view and make report of, and estimate for, any modifi-
cation of the route.

15. That notice of the time and place when the viewers
shall meet, shall be given in some public manner in the
vicinage of the proposed road at least five days before the
time of meeting. ‘The viewers, before they proceed to dis-
charge their duties, shall be severally sworn by the commis-
sioner of roads, or some other person authorized to administer
oaths, to perform their duties impartially: and to the best of
their judgment. If they decide that there is public necessity
for the road, or change, they shall lay out the same, having
respect to the shortest distance and the best ground, and so
as to do the least injury to private property, and also, as far
as practicable, to be agreeable to the petitioners. They shall
assess the damage done to land through which the road
passes, taking into consideration the advantage to be derived
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, orchard, or any part thereof, be taken
without the consent of the owner.

16. That the court shall examine the amount of damages
assessed, and if satisfied the public interest will be subserved
by its payment and the opening of the road, or the proposed
thange, shall approve the report, and order the damages and
the expense 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 upon the return
of the report of the viewers, the proprietors and tenants of
land upon which said report will be, if established, shall be
summoned to show cause against said report, and any pro-
prietor or tenant of lands on which said road will be, if
established, may enter himself a party defendant to said
petition, after which the same proceedings shall be had as
under the general road law of the state, upon the return of
the report of the commissioner of roads: provided that the
viewers and surveyor shall be paid out of the county treasury.
But whenever the road to be changed or opened, or the bridge
to be huilt, is of such public and general importance as to
make it proper that the cost thereof shall be borne by the
whole county, the court may so order.

17. That the county court shall, at the time when any new,
road is established, direct what width the road-bed shall be
made, and shall have power to regulate the width of all roads:
provided that the land condemned for any new road shall not
be less in width than twenty feet.

18. That the court may, at its discretion, grant a second
or third review; the viewers to be paid the sum of one dollar
per diem, and the county or other surveyor two dollars per
diem, to be paid as provided for in section sixteen of this act.

19. The labor of the able-bodied citizens of each road dis-
trict in said county, or section thereof, not exempt under the
present general road law of this state, shall be apportioned
out by the commissioner and overseer of roads, or other per-
son authorized to keep in repair the roads in such road dis-
trict, or a section thereof, and for this purpose a residence of
fifteen days in any road district shall be deemed sufficient to
subject any person to labor on roads under this act between
the age of sixtcen and sixty years, and such contractor shall
have all the rights and remedies for requiring such able bodied
citizens to labor on the roads in their road district, or the
section thereof in which they reside, not to exceed two days
in each year, and for collecting and. enforcing the fines and
penalties imposed by the general road law of this state for
failing to work the roads when summoned so to do.

20. That the clerk of the county court shall keep a road
docket, in which all proceedings in regard to roads in the
county court shall be kept of record.

21. That in case of a road or a line dividing two magiste-
rial districts, the commissioner of roads of the adjoining dis-
tricts shall divide the said road between such districts in such
way as will equitably divide the expense, if they can agree;
and in case they cannot agree, the count? court shall divide
the same, and direct what part of said road shall be opened
and kept in repair by each magisterial district.

22. That under the direction of the commissioner of roads
the overseer shall erect at all points where roads cross, or
intersect, or diverge from each other, suitable indicators,
showing ‘the next most prominent place on the road and the
distance, which said indicators shall be paid for by the county ;
a failure to comply with this provision shall be punished by
a fine of not less than five dollars for each offence, and any
person who defaces, removes, or in any way injures any indi-
cator, shall be subject to a fine of five dollars, to be recovered
by the commissioner of roads upon judgment of a justice of
the peace; and any overscer or contractor shall have power
to enter upon any lands adjoining his road or section to make
necessary repairs, drains, or ditches.

23. That the board of road commissioners for their respec-
tive districts shall, annually, in the month of July of cach
year, lay a road tax, not exceeding seven and a half cents
on every one hundred dollars of value of property, real and
personal, within their districts, and immediately certify the
same to the commissioner of the revenue, who shall there-
upon extend the said taxes in the copies of his books to be
delivered to the clerk of the county court, who shall make
out the tickets tor said road tax, and deliver the same to the
constable of the proper magisterial district, and take his
receipt for the same, and deliver said receipt to the road
commissioner of the magisterial district in which the tax-
payers reside (who shall bave all the rights and remedies
for the collection of the amount due thereon which officers
now have for the collection of receipts for fee bills, and shall
enforce the payment of the same); and said clerk shall have,
for dutics required by this act to be performed by him, such
compensation as the board of supervisors of his county may
think reasonable and right.

24. That the constable in each magisterial district shall
collect the road tax in the same manncr that county and
state taxes are now collected, and pay the same over to the
commissioners of roads of his district. He shall be charged
with the full amount of the road taxes levied for the year,
and credited by all sums paid over in money or otherwise as
herein provided. The constable shall receive as equivalent
to money all accounts for labor, teams, ploughs, wagons,
materials furnished, or for services rendered in any. way,
when properly certified by the commissioner or overseer, and
the same shall be receipted for by the commissioner as if
paid to him in money. Kach commissioner of roads actin
under the provisions of this act, shall settle with the board
of road commissioners on the first Monday in June of each
year, or as soon thereafter as the said board shall meet, and
account for all moneys received by him from the constable
for road purposes, and pay over any balances in his hands to
his successor in office, which shall be placed to the credit of
the board and appropriated for road purposes.

25. That the board of road commissioners shall, annually,
on the first Monday in June, audit, adjust, and settle the
accounts of the constable for the preceding year. They shall
charge the constable with the full amount of thoroad tax levied
in his district , and shall credit. him by his commissions, delin-
quents, and all payments made by him to the commissioner
of roads, for which he has the proper receipt. The constable
shall-receive the same per centum for collecting road taxes
as the county treasurer receives for collecting the state
revenue. He shall pay said road taxes received and collected
by him upon warrants issued by his road commissioner.

26. Any person or persons causing water to be diverted
from its natural course and conveyed across a public high-
way, or who, by the erection of waste-gates, or any other
means, shall cause water to flow or to be conducted over
such public highway, shall place and keep in good repair
bridges over the same, at his or her expense; and if the com-
missioner or overseer of roads shall notify such person or
persons that his or their bridges are unsafe, and such person
or persons shall fail to make the necessary repairs, he or they
shall be held responsible for all damages, to be recovered by
warrant before a justice of the peace, or court of competent
jurisdiction, that may result from such failure. Within ten
days after such failure, the commissioner or overseer may
make said repairs, and require such party or parties to pay
all costs thereby incurred; which costs may be recovered
before a justice of the peace, or court of competent jurisdic-
tion.

27. The general road laws of this state, except so far as
the same is in .conflict with this act, shall be in force in the
counties of Bedford and Frederick.

28. This act shall be in force from and after its adoption
and ratification by a majority of supervisors elected for each
of said counties.

Chap. 268.—An ACT to provide for working the roads and repairing
the bridges in the counties of Bedford and Frederick.

Approved March 6, 1882.

1. Be it enacted by the general assembly, That it shall be
lawful for the counties of Bedford and Frederick, after the
first day of May, eighteen hundred and eighty-two, to locate,
open, change and repair highways, roads and bridges, as
follows:

2. That for each magisterial district in the counties of Bed-
ford and Frederick, there is hereby created and established
a board, consisting of the supervisor, a commissioner of
roads, and one of the justices of the peace for each district,
which board shall have the exclusive control of the roads,
bridges and ferries within its limits, and all taxes levied for
road purposes and for building and repairing bridges, shall
be expended in said magisterial district, except as hereinafter
provided. The justice of the peace, constituting a member
of said board, shall be chosen and designated by the super-
visor and road commissioner, constituting the two other
members of the board, and the commissioner of roads shall
be appointed by the judge of the county court, as hereinafter
provided. The designation of the justice who is to serve on
said board shall be in writing, and shall be preserved and
recorded by the board of road commissioners. The board
hereby created and constituted, is declared to be a body politic
and corporate, and shall be known and designated as the
board of road commissioners for magisterial district, in
the counties of Bedford and Frederick, and by such name
may sue and be sned. If from any cause either of the mem-
bers of said board shall be prevented from attending any
meeting thereof, the other members may, in case of emer-
gency, call in any justice of the peace for the district, who,
with them, shall constitute the board for the time being, and
they shall have all the power and authority vested by this
act in the board of road commissioners for said district.

3. The road precincts shall remain as now laid out and
described, by metes and bonds, in the several magisterial dis-
tricts, until changed by the board of road commissioners.
The said board shall have power, and it shall be their duty,
to make such changes therein as may be proper. The sur-
veyors in charge of such precincts, when this act goes into

effect, shall continue in the performance of their duties until
the overseers hereinafter provided for, shall be appointed and
qualified.

4, That annually there shall be appointed by the board of
road commissioners, not later than the fourth Saturday in
May of each year, a road overseer for each sub-road district
established by them, whose term of office shall be for one
year, beginning on the first day of July succeeding bis ap-
pointment. He shall reside in the district for which he shall
have been appointed, and shall have charge of the roads of
his district. Tf any such overseer refuse to serve after being
appointed, or fail to work the roads in his district when direc-
ted by the road commissioner, he shall be liable to a fine, on
presentment by the grand jury, not exceeding twenty dollars ;

ut any person, after being overscer for two consecutive

ears, may give up his office on producing a certificate to the

oard from the road commissioner, or other satisfactory evi-
dence, that the roads in his district are in proper order; and
he shall not, within two years thereafter, be appointed over-
seer without his consent.

5. That his duties shall be te see that the roads in his dis-
trict are kept in good repair; that the bridges are in a safe
condition; that the roads are kept free from obstruction ;
that all loose stones are removed; and he shall contract for
all tools and implements necessary for working the roads,
subject to the approval of the commissioner of roads, and
shall have custody of the samc; and sball perform such other
duties as may be prescribed by law or directed by the board
of road commissioners. His compensation shall be one dol-
lar per diem for each day actually engaged in working on
the roads, on the approve and warrant of the board of super-
visors, paid out of the county treasury.

6. That annually, at the May term of the county court,
there shall be appointed by the judge of the court, for each
magisterial district, one commissioner of roads, whose term
of office shall for one year, beginning on the first day of July
next sticcceding bis appointment; he shall reside in the dis-
trict for which he is appointed. Each commissioner of roads
thus appointed, shall qualify before the judge of the county,
in court or during vacation, and sball at the time of his quali-
fication give bond, with good personal security, in not less
than three hundred dollars nor more than fifteen bundred
dollars.

¢. That the commissioner of roads shall have charge of all
the roads in his magisterial district. His duty shall be to
see that all the roads in his district are of the proper width,
and in all cases where they are not, to notify the persons
trespassing, by written notice; and if the obstructions are
not removed after reasonable notice, not to exceed thirty
days, he shall direct the overseer of the district to remove
the fencing or other obstruction, and may recover the
expenses, with costs, from the trespasser, upon judgment of
@ justice of the peace. He shall examine the roads in his
district twice in cach year—in the months of May and Octo-
ber, and see that the roads and bridges are kept in good
repair by the overseers and contractors; and if he shall find
any overseer or contractor delinquent, he shall give him
notice in writing, and on his failure to comply with the law
or his contract, shall make the necessary repairs, and en-
force payment thereof. as provided in section eleven of this
act; but if, upon such examination, he shall find tbat such
contractor or overseer has executed his contract or performed
his duty according to the law or his contract, he shall give
him a certificate to that effect, with statement showing the
amount such contractor or overseer is entitled to have offset
against his road tax; such certificate to be given before the
time fixed for the collection of said tax; and where work has
been donc by any person other than a contractor, under the
direction of the overseer, it shall be the duty of such over-
seer to give a like certificate. His compensation shall be two
dollars per diem, for each day in which he has been or may
be actually employed in discharging his duties under the
provisions of this act, and to be after and only so far as the
same shall be approved by the board of supervisors for the
county, who shall issue their warrant for the same upon the
treasurer of the county, to be paid out of the county treas-
ury: provided, however, the amount of said allowance shall
not, for any one commissioner, for any one year, exceed fifty
dollars. The supervisor and justice of the peace, constitu-
tidy members of the board of road commissioners, shall be
allowed, for their services as such, one dollar and fifty cents
each per diem: provided, however, the sum allowed each of
them for their services as such, shall not exceed the sum of
ten dollars for any one year, to be allowed and paid out of
the county treasury, as in the case of the commissioner of
roads and overseers.

8. That the commissioner of roads for the district, and the
overseer of the sub-district, shall let to contract, at public
letting, to the lowest and the best bidder, for a term of two
years (except in case of a new road, then it shall be let until
the next gencral letting), all the roads in each district, not
exceeding two miles in one section. Of the time and place
of which letting they shall give ten days’ notice, by written
or printed hand-bills, posted in at least three places in cach
road district. The specifications of such contract shall be
such as will effectually open new roads, and constantly keep
in repair and clear of all impediments to safe and convenient
travel all public roads; and they shall embrace the making
and maintaining of sufficient bridges over such streams an
ravines as may need them, and in every case, except moun-
tain roads, it shall be specified that the bed of the road shall
be raised in the middle and slope gradually each way to the
sides, where ditches sufficient to carry off the water shall be
made and kept open: provided that the contract price shall,
in no case, exceed the estimate made by the overseer and
commissioner of roads.
9. That it shall be the duty of the said road commissioner
and the overseer, within thirty days preceding the day of
public letting, as directed in the preceding section of this
act, and within the same period of time preceding the expi-
ration of each and every term of years thereafter, to lay out
and divide the public roads and highways in the said district
into sections, not exceeding two miles in length, which they
shall number and describe in a book kept for that purpose.
They shall also distinctly specify therein what they deem
necessary for the improvement and keeping in good repair
the said public roads and highways, with an estimate of the
amount of money which it will require to improve and keep
in repair each and every section of the said roads, respec-
tively, for the term of years approved of, and designated as.
provided for in section seven of this act. The road-book

erein provided for, shall be returned 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 a book to be
kept for that purpose by the commissioner of roads, and paid
for out of the district road funds, to a contract embracing all
the specifications in relation to the roads contracted for by
him, as provided by the eighth section of this act, as well as
the contract price, the length of time contracted for, and
the number and description of sections contracted for. All
contractors shall give bond and security, in such sum as the
‘board shall deem sufficient, in a penalty not less than twenty-
five dollars, nor more than double the contract price.

11. That if a contractor refuse or neglect to comply witb
the law, or his contract, upon complaint, the commissioner
of roads shall, as soon as practicable, examine the road or
section, and if the complaint is well founded, shall give im-
mediate 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 do so, the overseer shall
proceed to put the same in order, and the expense thereof,
with cost of suit, shall be recovered by the commissioner of
roads, in the name of the board, from the contractor and his
securities, as other debts are recoverable.

12. 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 overseer of the district, may let
the same by private contract, the contract price not to be
more than estimated by the overseer and commissioner of
roads; and no supervisor of said county, or commissioner of
roads, or overseer of the roads therein, or other person
authorized to represent the county in contracting for the
working of any of the roads thereof, shall be in any way
interested in any contract provided for in this act; and any
violation of this provision shall render the contract null and
void; and in case there be no contract, the overseer of the
district shall take charge of the road or section, and make or
keep it in repair, and for that purpose may employ such
number of laborers, teams, wagons, ploughs, as may be
necessary, and a just allowance shall be made for the labor,
teams, ploughs, and other implements which may be fur-
nished by private individuals, such allowance not to exceed
that paid by the county for like services immediately prior
to the passage of this act; and a day’s work shall be fixed at
ten hours.

13. That when any 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 com-
missioner of roads and overseer may release the said con-
tractor from his contract, and shall let the sections for the
remainder of the term in the same way and on the same con-
ditions as at the first letting.
_ 14. 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,
who shall endorse thereon his approval or disapproval of the
same, and his reasons therefor, which petition and commis-
sioner’s report shall be laid before the county court at its
next term, in open court, and the court shall appoint three
discreet freeholders to view the ground of any new road, or
of proposed change. The county or other competent sur-
veyor, shall accompany the viewers, and, if necessary, survey
and map the road. The whole number of viewers must
view, but a majority may decide for or against, and they
may view and make report of, and estimate for, any modifi-
cation of the route.

15. That notice of the time and place when the viewers
shall meet, shall be given in some public manner in the
vicinage of the proposed road at least five days before the
time of meeting. ‘The viewers, before they proceed to dis-
charge their duties, shall be severally sworn by the commis-
sioner of roads, or some other person authorized to administer
oaths, to perform their duties impartially: and to the best of
their judgment. If they decide that there is public necessity
for the road, or change, they shall lay out the same, having
respect to the shortest distance and the best ground, and so
as to do the least injury to private property, and also, as far
as practicable, to be agreeable to the petitioners. They shall
assess the damage done to land through which the road
passes, taking into consideration the advantage to be derived
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, orchard, or any part thereof, be taken
without the consent of the owner.

16. That the court shall examine the amount of damages
assessed, and if satisfied the public interest will be subserved
by its payment and the opening of the road, or the proposed
thange, shall approve the report, and order the damages and
the expense 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 upon the return
of the report of the viewers, the proprietors and tenants of
land upon which said report will be, if established, shall be
summoned to show cause against said report, and any pro-
prietor or tenant of lands on which said road will be, if
established, may enter himself a party defendant to said
petition, after which the same proceedings shall be had as
under the general road law of the state, upon the return of
the report of the commissioner of roads: provided that the
viewers and surveyor shall be paid out of the county treasury.
But whenever the road to be changed or opened, or the bridge
to be huilt, is of such public and general importance as to
make it proper that the cost thereof shall be borne by the
whole county, the court may so order.

17. That the county court shall, at the time when any new,
road is established, direct what width the road-bed shall be
made, and shall have power to regulate the width of all roads:
provided that the land condemned for any new road shall not
be less in width than twenty feet.

18. That the court may, at its discretion, grant a second
or third review; the viewers to be paid the sum of one dollar
per diem, and the county or other surveyor two dollars per
diem, to be paid as provided for in section sixteen of this act.

19. The labor of the able-bodied citizens of each road dis-
trict in said county, or section thereof, not exempt under the
present general road law of this state, shall be apportioned
out by the commissioner and overseer of roads, or other per-
son authorized to keep in repair the roads in such road dis-
trict, or a section thereof, and for this purpose a residence of
fifteen days in any road district shall be deemed sufficient to
subject any person to labor on roads under this act between
the age of sixtcen and sixty years, and such contractor shall
have all the rights and remedies for requiring such able bodied
citizens to labor on the roads in their road district, or the
section thereof in which they reside, not to exceed two days
in each year, and for collecting and. enforcing the fines and
penalties imposed by the general road law of this state for
failing to work the roads when summoned so to do.

20. That the clerk of the county court shall keep a road
docket, in which all proceedings in regard to roads in the
county court shall be kept of record.

21. That in case of a road or a line dividing two magiste-
rial districts, the commissioner of roads of the adjoining dis-
tricts shall divide the said road between such districts in such
way as will equitably divide the expense, if they can agree;
and in case they cannot agree, the count? court shall divide
the same, and direct what part of said road shall be opened
and kept in repair by each magisterial district.

22. That under the direction of the commissioner of roads
the overseer shall erect at all points where roads cross, or
intersect, or diverge from each other, suitable indicators,
showing ‘the next most prominent place on the road and the
distance, which said indicators shall be paid for by the county ;
a failure to comply with this provision shall be punished by
a fine of not less than five dollars for each offence, and any
person who defaces, removes, or in any way injures any indi-
cator, shall be subject to a fine of five dollars, to be recovered
by the commissioner of roads upon judgment of a justice of
the peace; and any overscer or contractor shall have power
to enter upon any lands adjoining his road or section to make
necessary repairs, drains, or ditches.

23. That the board of road commissioners for their respec-
tive districts shall, annually, in the month of July of cach
year, lay a road tax, not exceeding seven and a half cents
on every one hundred dollars of value of property, real and
personal, within their districts, and immediately certify the
same to the commissioner of the revenue, who shall there-
upon extend the said taxes in the copies of his books to be
delivered to the clerk of the county court, who shall make
out the tickets tor said road tax, and deliver the same to the
constable of the proper magisterial district, and take his
receipt for the same, and deliver said receipt to the road
commissioner of the magisterial district in which the tax-
payers reside (who shall bave all the rights and remedies
for the collection of the amount due thereon which officers
now have for the collection of receipts for fee bills, and shall
enforce the payment of the same); and said clerk shall have,
for dutics required by this act to be performed by him, such
compensation as the board of supervisors of his county may
think reasonable and right.

24. That the constable in each magisterial district shall
collect the road tax in the same manncr that county and
state taxes are now collected, and pay the same over to the
commissioners of roads of his district. He shall be charged
with the full amount of the road taxes levied for the year,
and credited by all sums paid over in money or otherwise as
herein provided. The constable shall receive as equivalent
to money all accounts for labor, teams, ploughs, wagons,
materials furnished, or for services rendered in any. way,
when properly certified by the commissioner or overseer, and
the same shall be receipted for by the commissioner as if
paid to him in money. Kach commissioner of roads actin
under the provisions of this act, shall settle with the board
of road commissioners on the first Monday in June of each
year, or as soon thereafter as the said board shall meet, and
account for all moneys received by him from the constable
for road purposes, and pay over any balances in his hands to
his successor in office, which shall be placed to the credit of
the board and appropriated for road purposes.

25. That the board of road commissioners shall, annually,
on the first Monday in June, audit, adjust, and settle the
accounts of the constable for the preceding year. They shall
charge the constable with the full amount of thoroad tax levied
in his district , and shall credit. him by his commissions, delin-
quents, and all payments made by him to the commissioner
of roads, for which he has the proper receipt. The constable
shall-receive the same per centum for collecting road taxes
as the county treasurer receives for collecting the state
revenue. He shall pay said road taxes received and collected
by him upon warrants issued by his road commissioner.

26. Any person or persons causing water to be diverted
from its natural course and conveyed across a public high-
way, or who, by the erection of waste-gates, or any other
means, shall cause water to flow or to be conducted over
such public highway, shall place and keep in good repair
bridges over the same, at his or her expense; and if the com-
missioner or overseer of roads shall notify such person or
persons that his or their bridges are unsafe, and such person
or persons shall fail to make the necessary repairs, he or they
shall be held responsible for all damages, to be recovered by
warrant before a justice of the peace, or court of competent
jurisdiction, that may result from such failure. Within ten
days after such failure, the commissioner or overseer may
make said repairs, and require such party or parties to pay
all costs thereby incurred; which costs may be recovered
before a justice of the peace, or court of competent jurisdic-
tion.

27. The general road laws of this state, except so far as
the same is in .conflict with this act, shall be in force in the
counties of Bedford and Frederick.

28. This act shall be in force from and after its adoption
and ratification by a majority of supervisors elected for each
of said counties.