Chap. 160.—An ACT to Amend and Re-enact Sections 5, 9, 10, 15, 19, 24
and 36 of Chapter 441, Acts of 1869-70, in relation to Roads.

In force March 19, 1872.

1. Be it enacted by the general assembly, That sections
five, nine, ten, fifteen, nineteen, twenty-four and thirty-six, of
chapter four hundred and forty-one, of acts of eighteen hun-
dred and sixty-nine-seventy, in relation to roads, be amended
and re-enacted so as to read as follows:

8 5. For all elections held under this section, it shall be the
duty of the township board of roads, in each township, to
designate the place for holding the same in the several road
districts in said township, and shall cause the overseers of
roads to post notices thereof at three or more public places in
their several districts for at least ten days next preceding any
such election. Such board shall also appoint a discreet citizen
from each road district in his township (at least ten days be-
fore such election) to act as judge of election. The judge of
election so appointed shall obtain from the clerk of his town-
ship a certified list of the qualified voters in his road district,
which list shall be evidence of the persons named therein to
vote at such election, and no person not named therein shall
be entitled to vote at such election. The judge of election
shall appoint a clerk to keep the poll book at the election for Tos
which he is appointed. The poll for such election shall be **?
opened at twelve o'clock M., and closed at six o'clock P. M., pon
of the day on which such election is held. Such election shall open
be conducted, and returns thereof made, signed and certified,
in the same manner, as near as may be, and under the same Elec
penalties, as prescribed for elections held under the general 6°"
election laws of the commonwealth: provided, that the returns
of such election shall be made by the judge of election to the Retu
clerk of his township, who shall file the same among the re- fi°4'
cords of his township, and notify the person elected of his
election; and the judge and clerk shall be exempt one day pow
each from working on roads for conducting the election for "te
road overseers, and entitled to no other compensation.

§ 9. The board shall also prepare a schedule, which shall sche
show the prices allowed for labor, and for the use of teams, oT?!

for |:
ploughs, and other implements used on public roads: provided, for t

that no price be allowed for the use of any implement the py.
market value of which does not exceed three dollars. A copy cop;
of this schedule shall be delivered to each road overseer by we!
the clerk.

§ 10. At such times as the overseer may judge most suitable, Pers
he shall notify all persons on his list, which he has received }%
from the township clerk, of the day on which he requires them
to work on his road. At the time appointed it shall be the thei
duty of each person so notified to perform such labor as the
overseer shall direct, and to furnish such teams, wagons, carts,
scrapers, or other implements, if he have them, as the overseer
may require. The overseer shall keep a strict account of the Over
amount due each person for labor, for use of teams, wagons, *‘'?
ploughs or other implements, in accordance with the schedule
furnished by the board; and shall give each person furnishing
teams, warons, ploughs or other implements, a certificate cer-
tifying the amount due him for the use of said teams, ploughs,
or other implements, which certificate shall be an offset against Tob
his road tax, and the excess, if any, to be paid, out of the ‘towne 8!!!
ship levy

§ 15. All male persons in each road district shall be appointed Who
by the overseers of roads for that district, and compelled to {0,5
work on some public road therein, as near as may be to the
place of their residence, or in opening a new road, two days in
each year, with the following exceptions, viz: ministers of the who
gospel, persons under sixteen and above sixty years of age, and
persons who reside in a town that provides for its poor and
keeps its streets in order, and any person who has lost an arm
or leg, or is otherwise disabled, to be exempted on certificate
of the county court of such disability.

§ 19. Each overseer of the road shall receive for his services, Corn
required of him by this act, an annual compensation, to be fixed °°
by the township board at their annual July meeting, to be paid
by the township, but in no case to exceed the sum of fifty dollars, now
which sum shall be offsets against his road tax, and the excess, **“
if any, to be paid by the township. He shall also provide,
; when practicable, suitable watering places on the line of roads
under his charge for the accommodation of cattle and foot
passengers. :

§ 24. When any person applies to the county court to have
a road or landing therein established or altered, and whenever
without such application it sees cause for so doing, the court
may direct one or more commissioners of roads to view the
ground and report to the court the conveniences and inconve-
niences that will result to individuals as well as to the public
if such road or landing shall be as proposed, and especially
whether any yard, garden, orchard, or any part thereof, will in
such case have to be taken.

§ 36. When a road or landing is established or altered by
the court, the township or townships chargeable with altering
or establishing the same shall, at the next annual meeting in
July, make a township levy sufficient to pay to the proprietors
and tenants of lands the compensation allowed them by the
court, to be collected as other township levies are collected ;
and shall also levy a tax upon such road district or districts in
the township as are interested in the establishment of such

| road or landing, to be denominated in the extra or special road
tax; and the clerk of such township shall place the same in
the hands of the commissioner of roads designated by the
court to alter or establish such road or landing, who shall re-
ceipt for the same, and collect it either in labor, material, the
use of teams and implements furnished for the purpose, or in
money, to be expended therefor in the same manner provided
for the collection of road tax by overseers of roads; and with
such labor, material, teams, implements and money, shall alter
or establish such road or landing, allowing the same credit for
labor, teams and implements as that allowed by the township
board (and make report thereof to the township board); and
he shall have all the rights and powers for the collection of
said tax allowed by this act to overseers of roads for the col-
lection of road tax. The overseers of roads in the district or
districts upon which said tax is levied may be required by said
commissioner to assist him in the duties required of him by
this section. .

2. This act shall be in force from and after its passage.