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An Act to be entitled an act to amend and consolidate the laws on the subject of Public Roads. 1836 11 (1836)

handle is hein.slavery/ssactsal0207 and id is 1 raw text is: 11 No. 13.) AN ACT To he entitled an act, to amend nud consolidate the laws on the subject of Public Roads. Section 1. Be at enacted by the Senate and House of Rjepresen- tatives oflthe State of Alabana in General ./issembly convened, That all roads heretofore established or recognized by any act of the Commission- General Assembly, or an order of any commissioners' court, as pub- rd of roads adrevenue, lic roads, and not since discontinued, are hereby declared to be such, to establish and full power and authority are hereby given to the commission- roads, ers' courts of the different counties in this State, under the provisions hereinafter specified, to order and establish new roads; to discontin- cie such as have, or may at any time become useless; to alter roads, so as to make them more useful and convenient; and any order of the commissioners' court, by which a road is recognized as a public road, shall in all cases, be prima facie evidence of that fact. Pro- vided, that said court, shall, in no instance, grant an order to estab- lish, discontinue or change a public road, unless the person or per- sons petitioning for the same, shall have given at least thirty (lays notice of the intended application, by advertisement at the Court House door, and at three other public places in the county: Pro- vided, also, No change. shall be made in any State Road by the commissioners' court, at the point where such road may cross county boundaries unless the court of the adjoning ounty will make a corresponding change. Sec. 2. And be it further enacted, That the mode of cstahlish. Juryfoeven ing a new, or changing an old road, shall be by a jury of seven to be sworn, house-holders (a majority of whom may act,) appointed hy the com- ierore mk- ing altera- missioners' court; and said jury shall, before the clerk of the coun- tions in roads ty court , or other person, qualified to administer oaths, take an oath, that they ''will view and mark out the road naned in the or- der directed to them from the commissioners' court, in pursuance of said order, to the greatest advantage to the public, and with as little preiudice to enclosures and private i ndiiiduals, as convenient, without fivor or affection, malice or hatred, and to the best of their skill and knowledge; and said jury, after having complied with said order, shall make report to said cogrt; but no new road shall b8 opened between the first day of March and tenth day of July, in any year, nor open through any enclosure whilst there is a crop growing in the same. See. 3. .A1nd be itfurther enacted, That in case where a new When a new trond iq estal,- road is established, the qwner of land over which rt paisss, may, at liohed, Jury or before the next term of the commissioners' court, apply to said to ascertain court for damages, for the iiijuiy which ie may have sustained by damages. its establishment, and it shall he the duty of the court to cause a jury to be empannilled and sworn to enquire of such daiages; in which inquiry the jury shall be charged to take into consideration the ad- vantages and disad van tages accruing to such applicant, and to give their verdict accordingly; and the damages if any, assessed, shall be paid olt of the county treasury. Provtided, the court may in their discretion, urder the same jury who lays out the road to be empan. nalled to asse.s the damages; and may also appoint in the order, the time at whuch the road shall be cut out.

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