Chap. 214.—An ACT to provide for the working of the roads in the
county of Washington.

Approved March 29, 1877.

1. Be it enacted by the general assembly, That it shall be
lawful for the county of Washington, after tho first day of
May, eighteen hundred and seventy-seven, to locate, open,
change, and repair highways, roads and bridges, as follows:

2. That for each magisterial district in the county, there is
hereby created and established a board, consisting of the su-
pervisor, a commissioner of roads, and one of the justices of
the peace for each district; which board shall have the cx-
clusive 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 ssid magisterial
district, except as hereafter provided. The justice of the
peace constituting a member of said board, shall be chosen
and designated by the supervisor and road commissioner con-
stituting the two other members of the board, and tke com-.
missioner of roads shall be appointed by the judge of the
county court, as bereinafter provided. The designation of
tbe instice who is to serve on said board shall be in writing,
and sball be preserved and recorded by the board of road
commissioners. The board hereby created and constituted,
isdeclared to be a body politic and corporate, and shall be
known and designated as The Board of Road Commissioners
tur Magisterial District.

3. That the sub-road districts, as now laid out and described
by metes and bounds, shall remain as they now are until they
shall be changed by said board.

4. That annually there shall be appointed by the said
beard, not later than the fourth Saturday in May, in each
vear, one overseer of roads for each sub-road district, not ex-
ceeding three for any magisterial district, whose term of offico
sball be for one year, beginning on the first day of July suc-
ceeding his appointment. He shall reside in the district for
wich he shall have been appointed, and shall bave charge of
the reads of bis district. If any such overseer refuse to serve
after being appointed, or fail to work the roads in bis district
when directed by the road commissioner, he shall be liable to
a fine, Gn presentment by the grand Jury, not exceeding
twenty dollars; but any person, after being overseer fur two
consecutive years, may give up his office on producing a cer-
lificate to the board from the road commissioner, or other
sauistuctory evidence that the roads in his district are in pro-
per order; and be shall not, within two years thereafter, be
appointed overseer without bis consent. :

». That bis duties shall be, to see that the roads in his dis-
tricL 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
tocls and implements necessary for working the roads, sub-
ject to the approval of the commissioner of roads, and shall
bave custody of the same, and shall perform such other du-
lies as may be prescribed by law, or directed by the board of
roul commissioners. His compensation sball be one dollar
per diem for each day actually employed, to be, on the ap-
proval and warrant of the board of supervisors, paid out of
the county treasury.

b. 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 be for one year, beginning on the first day of
July next succeeding his appointment; be sball reside in the
district for which he is appointed. Each commissioner of
Toads thus appointed, shall qualify before the judge of the
county, in court, or during vacation; and shall, at the time
of his qualification, give bond, with good personal security,
In not less than three hundred dollars, nor more than fifteen
hundred dollars.

«. That the commissioner of roads shall have charge of all
the roads in his magisterial district. His duty shall be to seo
that a] the roads in bis district are of the proper width, and

in all cases where they are not, to notify the persons tres-
passing by written notice; and it 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 a justice
of the peace. He shall examine the roads in bis district
twice in each year, in the months of May and October. 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 failureto comply-with the law or his contract,
shall make the necessary repairsand enforce payment thereof,
as provided in section eleven of this act; but if upon such
examination he shall find that such contractor or overseer
has executed his contract or performed his duty according to
the law or his contract, be shall give him a certificate to that
effect, with a statement showing the amuunt such contractor
or overseer is entitled to have offset against bis road tax;
such certificate to be given before the time fixed for the col-
lection of said tax; and where work has been done by any
person other than a contractor, under the direction of the
overseer, it shall be the duty of such overseer 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 em-
ployed in discharging his duties under the provisions of this
act, and to be after and only so far as the same shall be ap-
proved 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 treasury: provided how-
ever the amount of said allowance sball not, for any one
commissioner, for any one year, exceed fifty dollars.

The supervisor and justice of the peace constituting mem-
bers 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 the
overseers.

8. That the commissioner of roads for tbe 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 sball be let untii
the next general letting,) all the roads in each district, not
exceeding two miles in une section. Of the time and place
of which letting they shall give ten days’ notice, by printed
handbills posted in at least three places in each road district.
The specifications of such contract shall be such as will effec-
tually open new roads, and -constantly keép in repair and
clear of all impediments to safe and convenient travel, all
public roads; and they shall embrace the making and main-
taining of sufficient bridges over such streams and ravines as
may need them; and in every case, except mountain 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 shal] be made
and kept open: provided that the contract price shall in no
case exceed the estimate made by the-overseer and commis-
sioner of roads.

9. That it shall be the duty of the said road commissioner,
and the overseer, within tbirty 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 expiration
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 excceding two miles in length, which they sball
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 pub-
lic 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 tho said roads, respectively, for the
term of years approved of and designated as provided for in
section seven of this act. The road book herein 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 con-
tractors shall give bond and security, in such’sum aa 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 with
the law, or bis contract, upon complaint the commissioner of
roads shall, as soon as practicable, examine the road or sec-
tion, and if the complaint is well founded, shall give imme-
diate notice in writing to the party to make or put his road
vr section in repair according to law, or as the contract re-
quires; and upon his failure to do so, the overseer shall pro-
ceed to put the same in order, and the expense thereof, with
costs of suit, shall be recovered by the commissioner of roads,
in tbe name of the board, from the contractor and his secu-
ritier, 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 overseor.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 au-
thorized.to represent the county in contracting for the work-
ing 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 la-
borers, teams, wagons, ploughs, as may be necessary, and a
just allowance sball be made for the labor, teams, ploughs,
and other implements which may be furnished by private in-
dividuals, such allowance, not to exceed that paid by the
county for like services immediately prior to the pagsage 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 sball have fully complied with the conditions of
his contract to the date of bis death or removal, the commis-
sioner of roads and overseer, may release the said contractor
from his contract, and shall let the sections for the remainder
of the term, in the same way, and on the same conditions, as
at the tirst letting.

14. That every petition for a new road, or to lay out, open,
alter, or change a publiv 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 frecholders to view the ground of any new road, or
of proposed change. The county or other competent surveyor
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 estimates for, any modification. of the
route.

15. That notice of the time and place when tbe viewers
shall meet, sball 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 adminis-
ter oaths, to perform their duties impartially and to the best
of their judgment. If they decide that there is public ne-
cessity 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 fur 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 sball 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
change, 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 re-
inrn 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 peti-
tion, after which the same proceedings shall be had as under
the general road law of the state, upon the return of the re-
port of the commissioner of roads: provided that the viewers
and surveyor shall be pate out of the county treasury. But
whenever the road to be changed or opened, or the bridge to
be built, 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 sball, 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 uew 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 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 go 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 county court shall divide
the same, and direct what part of said road shall be openel
andkept in repair by each magisterial district.

22. That under the direction of the commissioner of roads,
the overseer sball 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; a failure to comply with tbis 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 indicator, 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 overseer 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 re-
spective districts, shall, annually, in the month of July of
each year, lay a road tax, not exceeding seven and a balf
cents on every one hundred dollars of value of property, real
and personal, within their districts, and immediately certify
the same to the commissicner of the revenue, who shall
thereupon extend the said taxes in the copies of his books,
to be delivered to the clerk of the county court and to the
treasurer of the county.

24. That the treasurer of the county shall collect the road
tax in the same manner and at the same times and places as
he receives the state and county taxes, and pay the same
over to the commissioners of roads of the several districts.
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 treasurer shall
receive as equivalent to money all accounts for labor, teams,
plows, wagons, materials furnished, or for services rendered
In any way, When properly certified by the commissioner or
overseer, and the same shall be receipted tor by the com-
missioner as if paid to himinmoney. Each commissioner of
roads acting 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
treasurer for road purposes, and pay over any balances in bis
hands to his successor in office, which shall be placed to the
credit of the board and appropriated for road purposes.

25. That all persons who shall make payment of road taxes
on or before the first day of December, shall be entitled to a
deduction of five per centum; and any person failing to pay
any road taxes to the treasurer by the first day of December,
shall incur a penalty equal in amount to that incurred for
non-payment of state taxes, which shall be added to the road
taxes and collected and accounted for as provided for in case
of state and county taxes.

26. That the board of road commissioners shall annually.
on the first Monday in June, audit, adjust, and settle the ac-
counts of the treasurer for the preceding year. They shall
charge the treasurer with the full amount of the road tax
levied in the district, and shall credit him by his commissions,
delinquents, and all payments made by him to the commis-
sioner of roads, for which he has the proper receipt. Tbe
treasurer shall receive the same per centum for collecting
road taxes as for collecting the state revenuc. He shall pay
said road taxes received and collected by him, upon warrants
issued by the road commissioners.

27. Any person or persons causing water to be diverted
from its natural course and conveyed across a public highway,
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 commissidner or
overseer of roads shall notify such person or persons that bis
or thcir bridge is unsafe, and such person or persons shall
fail to make. the necessary repairs, he or they shall be held
responsible for all damage, to be recovered by warrant be-
fore a justice of the peace, or court of com potent jurisdic-
tion, that may result from such failure. ithin ten days
after such failure, the commissioner or overscer may make
said repairs, and require such party or parties to pay all costs
thereby incurred; which costs may be recovered before a jus-
tice of the peace, or court of competent jurisdiction.

28. 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 county
of Wasbington.

29. This act shall take effect from and after the first day of
May. eiybteen bundred and seventy-seven.

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