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An Act to provide for the opening and repairing of public roads, and for repairing and building bridges in the counties of Brooke and Hancock. 1857-1858 156 (1857)

handle is hein.slavery/ssactsva0732 and id is 1 raw text is: COUNTIES.

and Albeniarlo counties, and such other counties as may in like manner accept
the provisions of this act, when the county courts theroof shall so elect at any
term to which all the justices have been summoned to consider the subject under
order made tit a previous terni.
Commencement   2. This act shall be in force from its passage.
CHAP. 256.-An ACT to provide for the opening and repairing or publio
roads, aud for repairing and building bridges in the counties of lrooke and
Hancock.
Passed March 2, 1050.
Rned distrtcts tn  1. Be it enacted by the general assembly, that the county of Brooke shall he
Brooke county, divided into three road districts. The first district to be comnposed of all that
portion of the county lying soulh of Bufflo creek ; the second district, that por-
lion of the county between Boffilo and Cross creeks; and the third district, all
In lnncock  that portion north of Cross creek; and the county of lancock shall lie divided
county.      into four road districts, which shall be tile saiue as those districts established for tile
election of justices of the pence.
Comissioner of 2. Thle voters of each of said districts shall, onl thle first Saturday in March
resds to be  one thousatnd eight hundred and fifty-nitne, aiid ol thea first Saturdlay in March
elected.     every, two years thereafler, elect a commissioner of roads. The election oft heia
first district to be held at lluckull's school-house; in the second, at Fowler's
tavern; and in the third, at Wallace's school house ; aud itt the coutty of Ilan-
cock, at tihe usual places of voting for justices of the peace. Said elections to
be held and conducted by any justice of' the peace of the several districts, who
slll qualify the persons elected, aid report such election to the next county
court, all int lrin ihe colutissioner of his election. The colmtissioner when
so elected failing to qualify before any justice of the p eace of said cotiuties
respectively within fifteen days from the date of his eleeliot, shall forfeit and
pay the sun of fiftecn dollars, to be expentded ott tile roads of his district, race.
verable hy suit in the name of the county, lbr the use of tlie district, befire any
justice of the peace.
Road precincts  3. 'The Siid commuissioners shall from time to timne divide eaclt or the above
established.  road districts into convenient road precincts, and shall in writitg report ilia same
to the next couuty court; each of which shall cotinust a precinct until in like
tuamner a ciauge thereof shall he nade by said commissioners: provided tell
days' notice shall have been previously given to adjoining precincts.
How roads      4. Whenti any ierson or persons shalhnlake opplicatiou ito the couitty court to
opened or    have a new road opened or a lbrnmer title altered, for the convenience of traveliug
altered.     to the court.house, to 4loy puhlic ware-house, landing, ferry, mill, coal tils, or
other public place, or when ilha court itself shall conceive the openiig or altera-
tion of a road to be expedient, theni the court shall refer such applicatiott or such
order of its own to said commissioners of roads, who shall view the ground
loung which such road is proposed to be constructed ;and the said coniniissioners
shall report to the said couty court truly and impartially tile convenienes and il.
cotveniences, advantages and disadvantages that will result as well tam iidividuals
Proceedings,  as to the pulic, if' such road shall le opened. And when the application is to
when application open a lbriner road, they shall also view thu lbrtier road and report in like tuan-
ta open a formner teretupon. In all cases, tie staid cotinissioners shaIll report particliarly the
..           distance, graduation of the road, kind of groutind, probable expense of opeting,
altering or repairing the saute, ihe nmber of bridges atd causeways that tiay
be necessary, the kind, diinensions and expettso of crecting thein, fill( as fir as
they ure enabled to do so, the claims of individuals to competsation or damnges
exhibiting the names of such iudividuals in coluns of writing, the disselting
and neutral, and also any other matter that iiy be deemed pertinent. The said
cotinfissioners shall lint be coufined to routes or alterations applied fir, but shall
lie iti liierty to examile tthers, and re port ii fravor of' ay which they may deeit
the uitist eligible, staling the reasons for such preference, ad frurnishing the court
ill this its il till other cases whatever, a utap or diagram of the routes or altera.
tions applied for, examied titid reported. And should no onn of the coinimis-
sioners he a surveyor, they shall be at liierty to procure onie, whose coten  sation
shall lnt exceed ote and on-hllf dollars per day for the whole time ii which
they shall he actually eiiiployed in making the survey ad dingrai  ; to be paid
by the party tin whose application the ceomuissioliers acted, or by the county
court, if they acted upon its order.
Dansges, how  5. It shall te the ifuty of said countissioners to assess the damages that will
assessed.    accru ito tity itidividual through whose laud a new road i11ty be loctd, or all
old otto altered, and report to the county court. It viewing roads of a private
chaacter, they shall report whether the dainges arising froti addlitional fencing
could lie lessened, tid how mu1chi iii case a gate was allowed to the party coii.-
plainiig, and allowed by the court to be erected on the road. And thu court

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