Chap. 120.—An ACT to provide for the working and keeping in repair
the public roads and bridges of Page county, for opening new roads
and changing the location of existing roads.
in repair the public roads and bridges within the limits
of said county, and shall also have authority to open
new roads and change the location of existing roads in
the manner hereinafter provided; and for this purpose the |
said board of supervisors is authorized and empowered to
levy a road tax not exceeding in any one year twenty cents
upon the one hundred dollars of assessed taxable values in
said county; to be collected, accounted for, and paid out upon
the warrant of said board in all respects as if it were a county
levy fixed by the board, except that the fund collected from
each magisterial district shall be kept separate by the county
treasurer, and a different rate of tax may be prescribed for
different districts. The amount collected in each district
shall be expended in that district.

2. The said board of supervisors may adopt such regula- |
tions not in contravention of the laws and constitution of
this state, as may be necessary or proper to secure the need-
ful and efficient working of the roads in said county.

3. Prior to the first day of July, eighteen hundred and |
eighty-eight, the supervisor of each district shall divide his’
district into as many road districts as he may deem advisable,
and at its July meeting, eighteen hundred and eighty-eight,
and annually thereafter, the board of supervisors shall appoint
an overseer of roads for each of said road districts, who shall
be furnished by the supervisor of his district with a list of
persons liable to road duty within his district.

4, Hach overseer of roads shall be required to expend the -
labor and revenue at his disposal, in working and keeping in '
repair the roads and bridges in his district in conformity with
rules and regulations prescribed by the board of supervisors,
and for his services shall receive a compensation of one dol-
lar and fifty cents per day for each day he is engaged in
working on the roads and bridges in his district, and for his
services for warning in hands shali be exempt from the two
days labor hereinafter provided for.

5. It shall be the duty of each supervisor to keep himself
informed as to the condition of the public roads and bridges
in his magisterial district, and the manner in which they
are worked and kept in repair, and whether or not the over-
seers of his district have fully performed their duty, and for
that purpose each supervisor shall inspect all the said roads
and bridges in his district at least twice a year, to be made
before a final settlement is held with said overseers.

6. The supervisors of each magisterial district shall receive
compensation for his services under this act for the time he
is actually engaged at the rate of two dollars per day.

7. The clerk of the board of supervisors shall receive for
the duties to be performed by him under the provisions of
this act, such compensation as may be allowed by the said
board, to be apportioned among the magisterial districts by
the said board, and the compensation provided for supervisors
under section six of this act, shall be paid each supervisor out
of the funds derived | trom his own district.

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8. No public road shall be less than fifteen feet nor more
than thirty wide at the discretion of the board of supervisors.
In working all public roads, the road bed shall be raised in
the middle and slope gradually to each side, with ditches
sufficient to carry off the water, which ditches shall be kept
open. All public roads shall be kept clear of loose rock and
other obstructions. _

9. No public road shall be located along a water course in
such manner as to render any portion of it liable to dam-
age or overflow by an ordinary rise of the stream; and any
ee road in said county so located, shall be changed if a

etter location can be secured.

10. If it shall be ascertained by the overseer of roads or
the supervisor of the district that any public road in their
district is not located according to the provisions of section
thirteen of this act, all the facts in the case shall be reported
by either of the said officers to the board of supervisors, and
if upon thorough investigation it shall be ascertained by the
board that the road is not located according to law, the said
board shall appoint three disinterested and discreet free-
holders of the county, but non-residents of the magisterial
district in which the road is located, who shall proceed at
once to change and locate the road so as to conform to the
provisions of section nine of this act, and also to assess any
and all damages that may result from changing the road, and
they shall report in writing to the said board of supervisors
at its next meeting.

11. Notice of the time and place, when and where, the
commissioners provided for in the preceding section, shall
meet, must be given by printed or written hand-bills posted
at some conspicuous place in the vicinity of said road, at
least five days before the meeting. The said commissioners
shall before they enter upon the discharge of their duties, be
severally sworn by any person authorized to administer an
oath, to perform their duties impartially and to the best of
their judgment. In changing and locating a road, they shall
have respect for the shortest distance and best ground, so as
to do the least injury to private property, and also as far as
practicable to be agreeable to the persons directly affected by
the change; but in no case shall a yard, garden, orchard, or
any part thereof be taken without the consent of the owner:

rovided however, in cases where it is absolutely necessary
or the public good, and to a compliance with section nine of
this act, a public road may be located through an orchard
without the owner's consent.

12. If any citizen of said county who is a freeholder, shall
represent to an overseer of roads or to a supervisor, that a
public road or any part thereof in his district is not of suffi-
cient width, and shall ask that it may be made wider, the
officer to whom complaint is made, shall report the facts to
the board of supervisors, and the said board shall appoint
three freeholders, who, after being duly sworn, shall proceed
to make the road of sufficient width (unless in their opinion

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no change is necessary,) and assess the damages resulting
therefrom, and report their action in writing to the board if
supervisors at its next meeting: provided however, that if
the board shall discover that said road as originally estab-
lished, has been encroached upon by the land-holders upon
either side, by the erection of fences, and the desired width
can be secured within the bounds of the original location,
the board shall proceed to widen said road without the
appointment of free-holders as hereinbefore provided, if in
their opinion it is necessary; and to that end the supervi-
sors of the district in which said road is located, shall notify
such land-holder or land-holders to remove said fencing
within thirty days after said notice in writing, in which
notice shall be designated the line to which said fencing shall
be removed. If such land-holder or land-holders shall fail or
refuse to remove such fencing as required, then said super-
visor shall order the overseer of such road to remove said
fencing at the costs of such land-holder or land-holders,
which costs shall bo recovered for the benefit of the road
fund of such district, by motion before the county court after
ten days’ notice.

13. Any person feeling aggrieved by the action of the
commissioners appointed under section twelve of this act,
may make application within thirty days to the board of
supervisors for a second appointment of commissioners, and
the said board shall thereupon appoint three other commis-
sioners in the same manner, with powers and duties similar in
all respects to those first appointed, and after being duly quali-
fied, they shall proceed at once to discharge the duties for
which they were appointed; and if they fail to give satis-
faction, the aggrieved person may within thirty days, apply
for a third appointment of commissioners, and the said board
shall appoint as before; but the auction of the third set of
commissioners shall be final, and no further application shall
be received by the board.

14. All applications or petitions for opening new roads, |
or for changing existing roads, shall be addressed to the board '
of supervisors, and the board shall proceed in the manner
prescribed in sections ten, eleven, and twelve of this act, as
to appointment of commissioners, whose powers and duties
shall be the same as provided in said preceding sections, and
any person aggrieved by the action of commissioners
appointed to open a new road or change an existing road,
shall have the same remedy provided for aggrieved persons
in section thirteen of this act.

15. The commissioners appointed under sections ten,
eleven, twelve, and fourteen of this act, shall receive one dol-
lar per day for’ services rendered, to be paid by the district
or districts in which the road is located, and all damages
resulting from opening, changing, or widening roads, shall
be paid by the district or districts in which they are incurred.

16. The said board of supervisors shall have authority to
accept or reject, all reports of commissioners appointed under
this act; and the said board shall also have authority to give
practical effect to such reports, or any part or parts thereof,
as it may approve, in the manner prescribed by this act.

17. The said board of supervisors shall have power to pay
all claims for damages arising under this act, in the manner
prescribed by law.

18. Hvery male citizen of Page county over sixteen years
and under sixty years of age, except such as are exempt by
law, shall be required to work two days upon the public

_roads of the district in which he resides, upon notice from the
overseer of roads, and for every day upon which there shall
be a failure to work, when notified as aforesaid, by any
person liable to road duty, there shall be imposed a fine of
eighty cents to be paid by himself, if he be a person of free
age, or if he be a minor, by his parent or guardian.

19. Each overseer of roads shall employ hands as far as
practicable, upon such public roads as may be nearest to
their residences.

20. Hach overseer of roads shall on or before the first day
of July in each year, furnish to the board of supervisors a
list under oath ot all persons who shall fail or refuse to per-
form the service upon the public roads as required by this
act, from which list the said board shall have made out an
account against each person so reported, and place the same
in the hands of the county treasurer, taking his receipt there-
for, to be collected by him in the manner now provided for
the collection of state taxes, and to be accounted for by him to
the board of supervisors in his annual settlement.

21. No person shall drag any log or logs over or along any
of the public roads without the consent in writing of the
overseer of roads of the district in which such road is located,
or the supervisor of the magisterial district.

22. Such provisions of the general road law of the state as
do not conflict with this act, shall continue in force in the
said county of Page, and all acts and parts of acts in conflict
with this act are hereby repealed.

23. This act shall be in force from July the first, eighteen
hundred and eighty-eight.