Chap. 300.—An ACT to incorporate the Irish Creek company.

Approved May 18, 1887.

1. Be it enacted by the general assembly of Virginia, That
P.S. Ross, Z. Hl. Rawlings, W. B. Brooks, junior, William A.
Anderson, 8. H. Letcher, A. T. Barclay, and A. D. Grant,
and such other persons as may be associated with them, and
their successors, are hereby created and constituted a body
politic and corporate by the name and style of the Irish
Creck company, and by such name shall have perpetual suc-
cession, may contract and be contracted with, sue and be
sued, make and usec a common seal, and alter the same at
pleasure, and make and maintain such by-laws, rules, and
regulations for the government of said corporation and the
conduct of its business as may be deemed necessary, not to
conflict with the laws or the constitution of this State or of
the United States.

2. The capital stock of said company shall not be less than
ten thousand dollars, to be divided into shares of one hun-
dred dollars cach, and the same may from time to time be
increased by additional subscriptions, or the issue and sale of
shares to such amount, not exceeding two million five hun-
dred thousand dollars, as the stockholders at any general or
special meeting may authorize and prescribe. The said com-
pany may receive subscriptions to its capital stock, or pay-
ment for its shares so issued, in money, land, or other property,
upon such termsas shall be agreed or authorized by the board
of directors, ani said company may give a preference toa
portion of its capital stock over the residue thereof as to
dividends and tho payment thereof.

3. The corporators herein above named, or any three of
them, may receive subscriptions to the capital stock of said
company, and when the minimum capital of ten thousand
dollars shall have been subscribed, the said subscribers may
organize said company by the clection of five directors, of
whom they sball clect one as president, to remain in office
one year, and until their successors are elected, unless sooner
removed by the stockholders. After organization as afore-
said, the stockholders at any general mecting may change
the number of directors, and may provide for the proper
government of the corporation by such by-laws as they may
deem fit and proper as herein above authorized. The board of
directors may appoint such subordinate agents and officers of
the company as they may deem neccessary for the proper
dispatch of the business of the company. |

4. The said company is hereby authorized to carry on the
business of mining and manufacturing any of the ores, min-
erals, metals, materials, or products of this State, and may
conduct such business at any one or more points in the
counties of Rockbridge, Amherst, Bedford, Botetourt, or
either of them, and in such other counties of this and other
States in which the said company may deem it proper to ac-
quire property or establish works for that purpose; and for
these purposes the said company shall have authority to buy,
hold, sell, lease, or otherwise dispose of any real or personal
estate deemed necessary to the proper prosccution of its
business, and may, on any property so acquired, erect and
maintain buildings, machinery, and structures needful tor
smelting, manufacturing, and treating ores, metals, and min-
erals of whatever kind, or for the production of manufactured
fabrics from wood, stone, metals, wool, cotton, hemp, or other
materials, and may operate, lease, scll, or otherwise dispose
of the same, and may on its own lands, contiguous or adja-
cent to any such manufactory or works erected or to bo
erected, survey and lay out lots, squares, or other divisions
of such lands, and improve the same, by buildings or other-
wise, for sale, lease, or other disposition or use, and may es-
tablish such lawful rules and regulations in the use thereof
as the board of directors of said company may deem best to
secure the comfort and welfare of the occupants and others
engaged or interested in any manufactory or works there
established or to be established; and tho said company may,
in connection with the use or improvement of any of its pro-
perties, make, build, and operate any canals or waterways, or
tramways, or railways operated by horse or steam power, not
exceeding ten miles in length; and for this purpose, when
necessary, may acquire by contract or by condemnation, such
land or other property or rights of way as may be necessary
therefor, proécedings for such condemnation to be in accord-
ance with chapters fifty-six and fifty-seven of the Code of
Virginia, and any laws amendatory thereof. It shall be law-
tul tor said company to lay out and establish a town upon
such portion of their lands as they may sclect or set apart
for that purpose, and to improve the same, and establish and
construct water-works for supplying tho inhabitants of such
town with water; and may acquire the land necessary for
such water-works by purchase, contract, or condemnation,
proceedings for such condemnation to be in accordance with
the provisions of said chapters fifty-six and fifty-seven of the
Code of Virginia.

5. It shall be luwful for said company to sell its bonds from
time to time for such sums and on such terms as its board of
directors may deem expedient and proper in the prosecution
of any of its werk or business, and may secure the payment
of the principal and interest thereof by mortgages or deeds
of trust upon all or portion of its property, rights, and fran-
chises, including its franchises to’ be a corporation; and it
shall be lawful tor said company to subscribe to and to bold
shares in the capital stock of any railroad company or other
corporation whenever the board of directors shall deem it to
be its interest to do so; each stockholder in said company
shall be entitled to one vote for cach share held by him. and
no stockbolder shall be held individually liable for the debts
or liabilities of the company in any larger or further sum
than to such amountas may be due and unpaid severally
upon bis stock subscription. There shall be no limit except
such as the by-laws of the company may prescribe upon tho
number of shares of stock which anv stockholder may bold,
and four-fifths of the capital stock of the company may be-
come the property of Icss than five persons, and a majority
of the stock may, tor more than six months, be the property
of one person.

‘6. The acceptance of this charter and organization there-
under, shall be deemed to be a waiver by said company of any
right lo pay any taxes or duces or assessments hereafter made
from said company to the State of Virginia in coupons of
this State, and shall be taken as an agreement on the part
of suid company to pay all of said dues, taxes, and assess-
ments in lawful money of the United States.

7. This act shall be in force from its pas age, provided that
this charter shall always be subject to amendment, moditica-
tion, or repeal at the pleasure of the general assembly.
Chap. 301—An ACT to provide for working the public roads in Car-
roll county.

Approved May 18, 1887.

1. Be it enacted by the general assembly of Virginia, That
when in the opinion of the county court of Carroll county, it
is necessary to examine any of the roads existing in the
county, or such routes for new roads therein as it may desig-
nate, it shall appoint one or more commissioners not exceed-
ing three, who shall be frecholders of the county, whose duty
it shall be to examine sucn roads or routes, and report upon
the expediency of altering the location or grade of any exist-
ing road, or of establishing any new road, or of building or
repairing any bridge, or may direct them to lay off any road
at such grade as it may prescribe.

2. Every road shall be thirty fect wide, and the grade of
no road hereatter located shall exceed a grade of tive degrees
at any one point, unless the county court order a different
width and a different grade.

3. When any person applies to the court of the county to
have a road or landing therein established or altered, the
eourt shall, and whenever without such application it sees
cause for so doing, the court may appoint one or more com-
missioners, or three or more viewers, to view the ground and
report to the court the convenience and inconvenience that
will result, as well to individuals as the public if such road or
landing sball be as proposed, and especially whether any
yard, garden, orchard, or any part thereof, will in such case
have to be taken.

4, The commissioners or viewers, acting cither under the
preceding or first section, shall particularly report the facts
and circumstances in bis opinion useful in enabling the court
to determine the expediency in establishing or altering the
road or Janding. He may examine other routes than that
proposed for any road, and report in favor of the one he pre-
ters, with bis reasons for the preference. He shall report the
names of the land owners on such route, and state which of
them require compensation, the probable amount, in the opin-
ion of the commissioner or viewers, to which such party may
be entitled, and any other matter which he may deem per-
tinent. A map or diagram of such route sball be returned
with his report. If the commissioner or viewer be not a sur-
veyor, he sball procure one if necessary.

5. Upon the report, unless the opinion of the court be
against establishing or altering the road or landing, it shall
award process to summon the proprietors or tenants of the
lands on which it will be established, to show cause against
the same. The summons shall be executed on such of them
as are in the county, and on any agent or attorney of any
proprietor not within the same; and if there be no proprietor,
tenant, agent, or attorney of any proprietor known to the
court residing within the State, or if the true owners or pro-
prietors of the lands be not known to the court, the Judge
thereof may order notice to all whom it may concern to be
published in some newspaper of general circulation for four
wecks successively, to.appear and show cause against the
same, tho cost of such application to be paid by the county,
not to exceed the cost of publication now prescribed by law:
Personal service of said summons on a non-resident of the
State, may be made in the mode prescribed by section fifteen
of chapter one hundred and sixty-six of the Code of eighteen
hundred and seventy-three.

6. Upon the return of the said process so executed, if the
court has enough before it to fix upon a just compensation
to the proprietors and tenants, and they are willing to accept
what it deems just, it may determine the matter without
further proceedings.

7. But if any proprietor or tenant desire it, or if the court
see cause for so doing, it shall appoint five disinterested free-
holders of the county, any three of whom may act, for the
purpose of ascertaining a just compensation for the land to
be used for such road landing. Said commissioners shall
mect on the lands of such proprietors and tenants as may be
named in the order of court at a certain place and day therein
also specified, of which notice shall be given by the sheriff to
such proprietors and tenants, their agents or attorneys, ex-
cept only that it need not be given to one present atthe time
of making the order. Any one or more of said commissioners
attending on the land as aforesaid, may adjourn from time
to time till the business shall be finished. The said com-
missioners in the discharge of their duties, shall comply in all
respects with the provisions of sections nine and ten of chap-
ter fifty-six of the Code of eighteen hundred and seventy-
three, and forthwith make return of their report and the cer-
tificate of the justice of the court of the county or corpora-
tion; and unless good cause be shown against the report, the
same shall be confirmed. If, however, good cause be shown
against the same, or if the commissioners report their disa-
greement, or if they fail to report within a reasonable time,
the court may as often as it seems to it proper, appoint other
commissioners, and the same proceeded in as before prescribed.

8. When the record shows that the sum allowed by the
commissioners as compensation to any proprietor or tenant
is not more than the court. before making the order appoint-
ing such commissioners had consented to allow him, such
proprictor or tenant shall be adjudged to pay the costs oc-
casioned by such order.

9. Nomorcthan oneacre of Jand shall be condemned for any
landing; and no road or landing shall be established upon
or through any lot in an incorporated town without the con-
sent of the proprietor thereof, or through the lands of any
cemetery, or through the lands of any seminary of learning,
without the consent of the owners thereof or the corporate
authorities.

10. When the road or landing is established or altered, the
county shall be chargeable with the compensation to the pro-
prietors or tenants with such costs as the court may allow
the applicant, and the costs of the commission, except in the
case mentioned in the ci¢hth section. »

11. A statement in writing of the number of days each
commissioner or viewer appointed under the first section, and
the surveyor who was employed in executing any such order,
shall be sworn to and presented to the court, and the court
may allow to cach a reasonable Compensation not exceeding
one dollar per day for said commissioner, and two dollars per
day for the surveyor, to be paid by the county.

12. When the court decides against the application of an
individual to establish or alter a road or landing, he shall pay
the costs incurred in the case, except the compensation of the
commissioner, viewers, and surveyor, and except such costs
as may be payable by any proprictor or tenant under the
eighth section, and the court may enforce the payment
thereof.

13. When any road is altered, it shall be discontinued to
the extent of such alteration and no further. Any person
may apply to bave a county road or landing discontinued,
after posting notice of the intended application, on the first
day of aterm of the county court, at the door of the court-
house of the county and at two public places in the neigh-
borhood. +The county court, at the next term after that at
which notice may have been so published, shall appoint three
or more commissioners or viewers to view such road or land-
ing, and report in writing whether, in their opinion, any, and
if any, what inconvenience would result from discontinuing
the same. Upon the said report and other evidence, if any,
the county court may discontinué such road or landing,
talking care in every case of an established post road, not to
discontinue the same until another has been substituted.

14. Application may be made to the court of the county to
permit gates to be erected across any road therein, and a
notice of such application shall be forthwith posted at the
door of the courthouse, and ut two public places near where
the gates are proposed to be erected. If it appears at the
next term that the notice has been duly posted at least
twenty days, the court may, upon evidence, if any, permit
such erection. But the gates erected shall be discontinued
whenever the court may so direct, after like notice of twenty
days.

15. If it be suevested by any citizen of this State to the
county court of Carroll county, that injury or inconvenience
results therefrom, the court shall cause the owner of such
gate to appear at the next term and show cause why the
same shonid not be discontinued, and upon the return of such
process executed, shall determine whether thero ought to be
such discontinuance or not. If the court adjudye that the

ate shall be removed, the surveyor of the road precinct shall
abate such gate at such time as the court may order: pro-
vided such person shall have the right of appeal to the cir-
cuit court.

16. The owner or occupier of every dam shall, so far asa
road passes over the same, keep such dam in good order at
least twelve feet wide at the top, and also keep in yood order
a bridge of like width over the picr-head, flood-gates, or any
waste cut through or around the dam; and sball erect ani
keep in good order a strong railing on both sides of such
bridge or dam, unless such railing be dispensed with by the
county court. If he fail to comply with this section, be shall
pay a fine, for every twenty-four bours’ failure, of two dol-
Jars, but the fine shall not in any one prosecution exceed fifty
dollars; and where a mill dam is carried away or destroyed,
the owner or occupier thereof shall not be thenceforth sub-
ject to such fine until one month after the mill shall have
been put in operation.

17. The court of the county shall divide into precincts all
the county roads not kept in order under any contract, and
as often as it pleases may appoint a surveyor for each pre-
cinct, who shall hold his office until another be appointed in
his stead. The clerk of the court shall, upon such appoint-
ment, issue a writ to the sheriff, commanding him to give in-
formation thereof to the person so appointed, which writ the
sheriff shall execute and return to the court at the succeed-
ing term. The clerk shall, moreover, annually at -his March
court, publish at the door of his courthouse a list of the pre-
cincts and of the names of the surveyors. Any clerk or
sheriff failing in such duty, shall forfeit therefor five dollars:
provided that whenever a surveyor so appointed shall remove
from the precinct where appointed, his office as surveyor shall
be vacated.

18. Any person, after being surveyor for two years, may
give up his office if his road be in good order, and shall not,
within two years thereafter, be appointed surveyor without
his consent. " ,

19. Every such surveyor shall superintend the roads in his
precinct. He shall cause the same to be kept cleared.
smoothed of rocks and obstructions, of necessary width, well
drained, and otherwise in good order, and secure from the
falling of dead timber therein. He shall cause to be placed
and kept at tne fork or crossing of every road a sign-board,
on which shall be stated in plain letters the most noted place
to which each road leads; and across every stream, where it
is necessary and practicable, a sufficient bridge, bench, or log
for the accommodation of foot passengers. hen any more
important bridge or causeway is necessary, and it is practi-
cable for him to have it made, he shall bave it made twelve
feet broad at the least, and safe and convenient. Every
bridge or causeway in his precinct shall be kept by him in as
good order as the means in his power will permit.

20. The county court of Carroll county, upon the motion
of any road surveyor in any magisterial district therein, or
whenever in the opinion of the judge thereof a necessity
therefor exists, shall appoint threo discreet freeholders from
such district, whose duty shall be to lay off, alter, or rearrange
any precinct or precincts thercin, and to allot the hands to
work on the same. Said commissioners shall report to court
as soon as may be, their action in the premises. Said report
Bhall be filed for exceptions, and at the next term of said
court any person who thinks himself aggrieved thereby, may
appear and for good cause shown have the same altcred or
amended, otherwise it shall stand confirmed. Said cummis-
sioners shall receive each one dollar per day for their services,
payable out ot the county levy.

21. All male persons in said county shall be compelled to
work on some public road thercin as near as may be to the
place of their residence, with the following exceptions,
namely: Ministers of the gospel, persons under sixteen and
above sixty years of age, persons who reside in a town that
provides for its poor and keeps its strects in order, and any
person who has been disabled by the loss of a leg or arm.
Any othor person who is otherwise disabled, may be exempted
on certificate of the county court of such disability.

22. Every person required to work on the public roads
shall, either in person or by a sufficient substitute, when
notified by the proper surveyor, attend with proper tools and
work tho roads on such days as the surveyor may dircct.
For every day on which thero may be a failure, seventy-five
cents shall be paid to the surveyor, within thirty days there-
after, by the person in default, if a person of full age, or if
he be an infant, by his parent or guardian. If the money be
not paid to the surveyor within the time above specified, he
shall make out a ticket against such delinquent party for tho
amount of said fine, with an addition of ten per centum for
costs, which ticket shall be put by him into the bands of the
constable of ‘his district or the sheriff of the county for col-
lection: provided however, that such delinquent may, after
notice to such surveyor, apply to the county court or judge
thereof in vacation, or to the supervisor of his district, and
for good cause shown have the said fine released or remitted:
and provided further, that such delinquent may, before said
ticket goes into the hands of the constable or sheriff, dis-
charge said fine by labor upon his road precinct. The officer
having charge of the collectiop of such fines, may distrain
therefor, in the same manner as for taxes and county levies,
He shall account to the surveyor for all fines collected by
him, dividing the cost collected equally with the surveyor,
and shall return to tife clerk of the county court, annually,
at the March term, a list of all fines so collected, with the
names of the surveyors to whom the same have been paid.
Said clork shall label and filo the samg in his office.

23. If the surveyor of any road precinct is unable, with
the labor and means at: bis disposal, to keep in good order
his road precinct, he may apply to the county court of his
county, who may authorize bim to hire as many laborers as
will suffice to keep his precinct in good order, or to repair
great damages casually occurring, or upon a new road, when
ordered by the court. The county court may also authorize
the surveyor to purchase such material, tools, or implements
as may be necessary to facilitate or economize the work in
his precinct. The surveyor shall return to the county court
a particular account, on oath, of the expense so incurred, and
for the hire of teams, plows, and so forth; also the expenses
of placing and keeping sign-boards, as before mentioned, and
the court shall allow the same, or s0 much thereof as may
be justly due, to be paid out of the county fund.

24. The board of supervisors shall prepare a schedule,
which will show the prices allowed for the use of teams,
plows, and other implements used on public roads, which
prices shall not exceed the sum following per day: For each
wagon or plow and one yoke of oxen, one dollar and twenty-
five cents; for each wagon or plow ‘and two yoke of oxen,
two dollars per day; for each wagon or plow and two horses.
two dollars per day; for each wagon and four horses, making
a four-horse team, two dellars and fifty cents per day: pro-
vided that no price be allowed for any implement, the market
value of which shall not exceed one dollar. A copy of this
schedule shall be delivered to each surveyor by the clerk.

25. The surveyor of any road may take from any con-
venient lands, so much wood,’ stone, gravel, or earth as may
be necessary to be used in constructing or repairing such road
or any bridge or causeway therein; and may, for the purpose
of draining the road, cause a ditch to be cut through any
lands adjoining the same: provided such wood and other
articles be not taken from, and such ditch be not cut through.
any lot in a town, yard, or garden, without the consent of
the owner.

26. If the owner or tenant of any such lands shall think
himself injured thereby, a justice, upon application to him,
shall issue a warrant to three freeholders, requiring them to
view the said lands, and ascertain what is a just compensa-
tion to such owner or tenant for the damage to him by reason
of anything done under the preceding section. The said
frecholders, after being sworn, shall accordingly ascertain
such compensation, and report the same to the board of super-
visors, and an allowance shall be made therefor in the next
county levy.

27. Every road BUTVeyor, in addition to what is required
of him in the twenty-third section, shall report to the county
court, at the March term thereof in each year, an exact ac-
count, verified on oath, of all monets received by him by
virtue of his office during tbe past year. Said account. shall
specify the amount expended by him, and the manner in
which the same has becn expended, together with the amount,
if any, remaining in his hands unexpended. Iie shall apply
any balance so remaining to the use of his road precinct, in
such manner as said court may direct, or turn over the same
to his successor in office, who shall in like manner account
therefor in the next annual report. It shall be the further
duty of said surveyor to embrace in his report the number
of days labor performed by him and his hands on his road
precinct during the past year, what alterations, improve-
ments, or repairs he may think should be made during the
ensuing year, the probable cost of the same, and any other
matters or sugvestions in relation to his road precinct which
he may deem pertinent, or which may be required of him by
the court. It shall be the duty of the clerk of said court,
after the said report has been examined by the judve thereof,
to label and file the same in his office.

28. Every surveyor of a road shall be entitled to compen-
sation, at the discretion of the county court, to be by it cer-
tified to the board of supervisors, and paid out of the county
levy, not exceeding one dollar per day, for the time actually
employed in summoning hands to work on the road, which
time shall be stated in writing and sworn to. Any surveyor
of a road who shali fail to pertorm any duty required of him
in this act, shall pay a fine of not less than five nor more than
thirty dollars. ;

29. When a bridge or causeway is necessary, and it is not
practicable for the surveyor to have it built or repaired, tho
county court may contract theretor, and to this end appoint
one or More commissioners to receive proposals.

30. The court of Carroll county may notify the court of
another or adjoining county, that a road is necessary from
the lineof the tormer toa place in the latter, or that a bridge
or causeway is necessary over a place between the two
eountics. Ifthe court to which such notification is sent con-
cur in this opinion, it shall, in the former ease, proceed in
like manner as when a person applies to have a road estab-
lished, and in the latter, it shall appoint three commissioners,
to. meet at such place between the two countics, on a certain
day, and agree with the commissioners of the other court as
to the manner and condition of doing the work. Upon this
order being communicated to the former court, it shall make
a similar appointment. ‘The persons so appointed, shall, after
such conterence, report the result thereof to the court by
which they are respectively appointed.. Upon such report
being made, the court shall direct the%same, or any other
commissioners, not exceeding three for cach court, to unite
with commissioners of the other court, in receiving proposals
for doing the work in such manner and on such conditions
as may have been agreed on by the commissioners, or in any
other manner, or upon any other conditions that may be con-
curred in by the two courts.

31. Atany time when the court of Carroll county is au-
thorized by laws now in force, to appoint commissioners to
receive proposals for building or repairing a bridge or cause-
way, such court may, in its discretion, authorize the con mis-
gioners to determine whether any, and if any, which of tho
proposals shall be accepted, and to reduce to writing a con-
tract between the county and any person whose proposals
they may accept, and to take bond from the contractor with
sufficient sureties in a penalty at least double the amount
which he is to reccive under the contract, payable to the
county, with condition for the faithful performance of the
contract. Such bond and contract after being signed by said
contractor, shall be returned by the commissioners to the
said county court; and if approved and ratified, the fact shall
be entered of record, and the contract and bond shall from
the time of such approval and ratification by said court be
binding upon the county and such contractor; and the said
contract and bond shall remain filed in the clerk’s office.

32. If the court to which notification is sent, shall fail to
appoint commissioners, or if either court shall fail in any re-
spect to do on its part what should be done towards the
work, the remedy by mandamus shall lie before the circuit
court of the county whose court is complained of, on behalf
of the court of the other county; and the circuit court shall
compel the court complained of to do what ought to be done
in the matter. If it shall appear from the report of the com-
missioners of either county that it would be equitable for the
two countics to bear ratably the expense of said bridge, the
county courts of said countics may agree upon an equitable
division of the expense of the bridge. If, however, the said
courts cannot agrce, the board of supervisors of either county
may take an appeal from the decision of the eounty court of
the other county to the circuit of the last named county,
which circuit court shall bear evidence and determine, first,
whether the bridge is needed, and secondly, in what manner
the expenses thereof should be equitably divided between
the two counties. __

33. The court of Carroll county may appoint one or more
commissioners or surveyors to receive proposals for making,
improving, or keeping in order the whole or any part of any
road therein; such keeping in order to be for such length of
time as the court may prescribe.

34. The commissioners to receive proposals for any work
shall publish notice in a newspaper for four wecks, or at the
front door of the courthouse on a court day, and in the neigh-
borhood at three or more public places where the work is to
done, that proposals for such work will be received in writ-
ing on the first day of the next court, or on such subsequent
day as may be mentioned in the notice; the notice shall des-
cribe the work to be done and require such specification to
be made in the proposals as the commissioners may deter-
mine on.

35. The proposals which may be received, shall all be re-
turned to the court, which shall determine whether any, and
if any, which of the said preposals shall be accepted; and if
the proposals of any person be accepted, shall direct the com-
missioners or one of them, to reduce to writing a contract be-
tween the county and such person.

36. The commissioners shall report to the court every such
contract signed by the person with whom it is made, and
after an order shall be made by the court ratifying such con-
tract, the same shall be binding upon the contractor and the
county so soon as the contractor gives bond with sufficient
sureties to be approved by the court, and ina penalty at least
double the amount which he is to receive under the contract,
payable to the county with condition for the faithful per-
formance of such contract. Such bond shall be taken by the
commissioners and returned to the court. If approved by
the court, the fact shall be entered of record, and the bond
and contract shall remain filed in the clerk’s office. The
court may appoint ore or more commissioners to superintend
the work contracted for, and may make such allowance there-
for as it may deem reasonable, which shall be charzable on
the county, and no person appointed a commissioner under
the order for such contract shall become an undertaker for
the work, cither directly or indirectly.

37. The mcney which the contractor may be entitled to
receive under such contract, shall be so levied for as to be
paid at the time at which, by the contract, the same is tu be

aid.

38. For the purpose of carrying into operation the provis-
ions of this act, the county court ‘of Carroll county shall ap-
point as soon as may be, ‘three discreet freeholders in each
magisterial district, whose duty it shall be to lay off their
respective magisterial districts into road precincts, and allot
the bands to work on the public roads in each precinct.
Proceedings under this section sball conform to the provis-
ions of the twenticth section of this act.

39. It shall be lawful for the judge of the county court of
Carroll county, to require any surveyor of a precinct on a
public road, with such hands as are in his district or allotted
to him to keep his precinct of road in repair, to aid and
assist under the authority of a superintendent or overseer,
who may be appointed for that purpose, to open any new
road that may be established by the county court, or to re-
pair or change roads now established: provided however,
that no person required to work on the public road shali be
compelled to work more than four days in any one year in
the construction of any such new roads, repairs, and altera-
tions aforesaid, or to travel more than five miles from his
place of residence to perform such labor; nor shall any over-
seer or hands be allotted or required to work upon any other
road than that to which he has been once assigned by order
of the court under the provisions of this act, until the work
upon said road shall bave been completed or abandoned.

40. All acts and parts of acts Inconsistent with this act are
hereby repealed.

41. This act shall be in force on and after the first day of
July, eighteen hundred and eighty-seven.