public ferrymen, commissioners of revenue and roads, the directors of the Bank of the State of Alabama, judges of the county court and justices of the peace, shall be liable to work on public roads. county court § 17. The clerks of the several county courts of this state, shall put Ib. Sec. 7. up in their respective court-houses, on the first day of each circuit Clerk of court, a list of the names and precincts of all the overseers of the roads to post up in the county; and on neglect, shall forfeit and pay for each failure ten dollars, to be recovered on motion made by the solicitor to the Penalty. circuit court, as prescribed in the fifth section of this act. list of over seers. Penalty for Overseer. clerk of non cancy to be § 18. Every person refusing to serve as an overseer on any road, b. Sec. 8. agreeably to the order of the court of the county in which he resides, refusing to without a reasonable excuse, to be judged of by the circuit court, shall serve as forfeit and pay a sum not exceeding forty dollars; and it shall be the Overseer not duty of each overseer of any public road, to notify the clerk of his notifying county court of his nonacceptance within ten days after his being no- acceptance, tified of his appointment, and on failure to do so, it shall be consider-presumed to ed an acceptance of his appointment; and it shall moreover be the duty cepted. of the clerk to insert on the commission, the duties required of overseers, in respect to their nonacceptance; and if any overseer shall no- On non-actify the clerk of his refusal to act, the clerk shall forth with report the ceptance, vasame to two justices of the peace of the neighborhood where such filled by two overseer resided, who are authorized and required to appoint a suc- the peace. cessor to serve for the residue of the time; and such new overseer, so appointed, shall be subject to the same penalties and forfeitures as the overseer appointed by the county court, and the penalty for refusing Penalties to accept, shall be recovered by judgment in the circuit court, on mo- section. tion of the solicitor, as prescribed in the fifth section of this act; and the certificate of the clerk of the county court, in all cases of forfeiture incurred under this section of this act, shall be deemed sufficient evidence: Provided nevertheless, That no person shall be compelled to serve as an overseer, more than one in every three succeeding years. justices of under this Overseer to notice to § 19. It shall be the duty of the overseer of any road to give three b. Sec. 9. days' previous notice, by summons in person, or in writing left at their give hands respective places of abode, by himself or some other person appointed three days' by him, to all free male persons, as well as to the owner, overseer, or work. overseers of slaves, liable to work on roads as appointed to him, to meet at such times and places as he may appoint, and to bring with them such tools to work with on the roads as he may direct; and if Penalty for refusing to any free person so summoned shall fail to attend, or send a substitute work, &c. to work in his place, or when attending shall neglect or fail to do and perform his or their duty therein, he or they shall forfeit and pay a fine of one dollar per day each, for every such failure, nonattendance, or refusal; and if any slave or slaves fail to attend, agreeably to the summons of the overseer of the road to the owner or overseer of such slave or slaves, the owner, owners, or overseers, (as the case may be,) shall forfeit and pay one dollar per day for each slave that shall fail to attend as aforesaid: Provided, That all reasonable excuses shall be heard and allowed; and it shall be the duty of the overseer to return on oath, a list of all hands apportioned to him within his district or precinct, who may not have worked when by him called out, to some justice, who justice of the peace in said precinct, whose duty it shall be, within the fines. ten days thereafter, to issue his warrant, and collect said fine as other debts are now collected by law; and the certificate of said overseer shall be deemed sufficient evidence; and the fines so collected shall How approbe paid over to the overseer of said road, to be appropriated in hiring hands to work on said road: Provided nevertheless, That if any over- Penalty for seer return an incorrect list to said justice of the peace, any person or Excuses to be heard. return list of defaulters to shall collect priated. false return. persons injured thereby may recover the amount of any damages sustained by him or them, by an action of debt, before any justice of the Overseer not peace or court having jurisdiction thereof: Provided, That overseers shall in no case pay cost in case the defaulter should be exonerated from fine. liable for costs. Ib. Sec. 10. Overseers to measure up mile posts. § 20. It shall be the duty of all overseers of public roads to measure such parts of roads as fall within their respective precincts or disroad, and set tricts, in continuation, and to set up posts at the end of each mile, leading from the court-house, or some noted place or town, and to mark on the said posts, in large legible figures, the distance in miles to said court-house, or other noted place, and when a post so erected shall be removed by any means whatever, the overseer of the road shall cause the same to be replaced by another, to be put in the same Index boards. place, marked as on the one removed; it shall also be the duty of overseers of roads to affix at the forks of all public roads, in their respective districts or precincts, index-boards, pointing towards, with Penalty for directions to, the most noted places to which they lead; and on failure to put mile-posts marked as aforesaid, or index-boards as aforesaid, within sixty days after their appointment, the overseer of such road, for every such failure or neglect, shall forfeit and pay the sum of five dollars, to be recovered by judgment of the circuit court, on motion of the solicitor as prescribed in the fifth section of this act. failure. Ib. Sec. 11. may call out time. § 21. The overseers of the roads shall have power to call out all persons apportioned to work on their respective roads within their prehands at any cincts or districts, at any time and at all times when they may think proper: Provided, That no new road shall be cut out between the Restrictions. first day of March and the tenth day of July, in any year: And provided also, That no person shall be compelled to work on more roads than one, in any one year, nor more than ten days on any road:a Provided, That no new road shall be opened through an enclosure whilst there is a crop growing in the same. a See § 46. Ib. Sec. 12. Penalty for changing, or road. § 22. If any person or persons whatsoever, shall alter or change any public road, unless it be by order of the county court of the county, obstructing founded upon the report of a jury, appointed and sworn as in the case of laying out new roads, they shall on conviction of every such offence, be fined in a sum not less than twenty dollars for each month the road is turned out of the old course, and the old road shall in no case be shut up, until the overseer shall certify to the court that the newly opened road is in good and sufficient order; and if any person or persons shall erect or cause to be erected across any public road any fence, bar, or impediment, or shall fell a tree or brush on the same, and shall not remove such impediment within twenty-four hours thereafter, he or they shall forfeit and pay five dollars for every such offence, and shall moreover be liable to pay five dollars for every twenty-four hours after the first day such impediment remains in said road; and it shall be the duty of the overseer of the road, turned as aforesaid, or on which such impediment may be, to lodge information with the solicitor of the county in which the same may be, and the cir cuit court shall enter up judgment against the offender or offenders, as prescribed in the fifth section of this act, for the amount of the penalty incurred; and the oath of the overseer of the precinct or district, shail Roads may in all cases be deemed sufficient evidence: Provided, That nothing be straight herein contained shall subject the party removing said road to damages enclosures, where the same is done to straighten said road through enclosures, or where the removal shall not render the said road more inconvenient to the public. Overseer to give notice to solicitor. ened through &c. to be made § 23. When to the overseer of a road it may appear expedient to b. Sec. 13. make or repair causeways on the same, said overseer shall make them Causeways according to the grade of said road; and the earth necessary to cover according to said causeway, shall be taken from either side of said causeway, at the the grade of discretion of said overseer, so as to make a drain on either or both sides. the road. may contract dividing §24. When a bridge shall be necessary over any place where the b. Sec. 14. overseer with his assistants cannot conveniently make it, the court of County court the county wherein such place may be, is empowered and required to for bridges. contract and agree for the building, keeping, and repairing thereof, and to lay the charge on their county by tax or otherwise; and where Bridges bridges shall be necessary over any such creek or river, which divides over streams one county from another, the court of each county shall join in the counties, to agreement for building, keeping, and repairing the same, and the charge thereof shall be borne and defrayed by both counties, in pro- expense. portion to the amount of taxables in each; and every contract, agree- Contracts ment, and order by the several county courts in this state, entered into binding on or made, for or concerning the building, keeping, or repairing of bridges or causeways, in such manner as to them shall seem most proper, shall be good against them, and their successors in office. be erected at their joint the county. overseer for road in 25. Every overseer who shall fail or neglect to keep the roads, Ib. Sec. 15. bridges, and causeways, within his district or precinct, clear and in Penalty on good repair, or permit them to remain uncleared or out of repair, for not keeping fifteen days at any one time, unless hindered by high water, bad wea- repair. ther, or other sufficient cause, to be adjudged of by the court having jurisdiction of the same, shall forfeit and pay for every such offence, a fine not exceeding twenty dollars, at the discretion of the court; said fine to be recovered by judgment of the circuit court, on motion made by the solicitor, as prescribed in the fifth section of this act: Provided Private da nevertheless, That payment of this penalty shall not prevent any per- owed. sons who may have sustained damage by the road being out of order, from recovering the amount of such damage from such overseer. mages al established. 26. The county courts shall have power to establish ferries, and b. Sec. 16. order them under such regulations as is hereinafter directed :-before Ferries, how any person shall open or establish a public ferry in this state, he shall apply to the county court of the county in which such ferry may be, and the court, for good cause shown by the party applying, may grant a license to establish a ferry, and shall affix the rate of toll or ferriage on all persons, horses, cattle, or carriages, &c. that may pass the same, and shall moreover require from the person or persons so applying for Persons oblicense, to give bond with good and sufficient security in the sum of taining li one thousand dollars, payable to the judge of the county court, and ries to give his successors in office, of the county in which the ferry may be, conditioned that the person or persons to whom said license may be granted, will constantly provide and keep a good and sufficient boat or boats, also keep the banks on each side of the watercourse in good repair, and that said ferry shall be well attended for travellers or other persons to carry or pass their horses, carriages, or effects, over such river or water-course. cense for fer bond. person owns both sides, § 27. Where land is owned by the same person on both sides of . Sec. 17. a river, over which it may be necessary to establish a ferry, such Where same person shall have the ferry established on his land, on both sides if he the land on desire it, unless public convenience would be thereby prejudiced; but how, &c. if the land of such person is most suitable on one side of such river, and not on the other, then the court may establish such ferry so as to produce the most public good, and least private injury; but no public No ferry to ferry shall be established within less than two miles by water of any ed nearer be establish than two miles to one already es tablished. Proviso Sixteenth sections. Ib. Sec. 18. courts may when ne cessary. ferry already established, unless on any river at or within two miles of any town: Provided nevertheless, That a ferry may be established on any sixteenth section whenever the trustees of said sixteenth section think it advantageous to the township in which said section may be. 28. The county court through whose county large creeks or watercourses pass, over which it may be too burthensome to build bridges by a county tax, may contract with any person or persons to build a toll-bridge or causeway, for which the court is hereby authorized to lay the toll to be levied on all persons, horses, cattle, and carriages, passing over the same, to be granted to the undertakers for such a number of years as the said court may agree upon for the building such bridge or causeway; and the builder or builders, and their successors, shall keep the same in constant repair, and in default thereof, the owners of such bridge or causeway shall forfeit all right and title to the toll thereof, during the continuance of the same out of [a 1821-(25) repair; and if any person or persons shall obstruct or demolish any Sec. 1.] Penalty for such bridges or causeways, or shall pass round or through the gate or gates authorized to be set up by the said county courts, respectively, with intent to evade the payment of toll, he, she, or they shall, for every such offence, forfeit and pay to the person or persons having payment of contracted with the said courts respectively, for such bridge or causeway, thrice the amount of the common toll authorized to be received by such person or persons, to be recovered before any justice of the peace having jurisdiction of the same, with costs of suit. injuring bridge or causeway, or endeavoror toll. Ib. Sec. 19. to give bonds. b See § 26. Keepers of bridges and ferries, how inade liable on their bonds. § 29. The county court before granting a license to any person or toll-bridges persons to build a toll-bridge or causeway, as authorized in the foregoing section of this act, shall take a bond in the same way and manner as is prescribed in establishing ferries, "for a sum not exceeding one thousand dollars; and if any person or persons shall at any time sustain damage in consequence of any ferryman or owner of the ferry, or keeper of a toll-bridge or causeway, not having complied with the conditions of his or their bond, the person or persons so damaged may bring an action of debt against such ferryman or owner of such ferry, or keeper of a toll-bridge or causeway, on his or their bond, in the name of the judge of the court of the proper county, and recover judg ment for the non-performance of the said conditions, for so much damages as he, she, or they may have sustained, and thereupon take out execution, and cause the money to be made, and when made, to apply the same to his, her, or their use, which bond shall not be void upon the first or any other recovery; and it shall be lawful for any person or persons, detained at any public ferry by reason of the ferryman's not having good and sufficient boats, or other proper craft, and hands, or by neglecting to do his duty, to obtain a warrant from a justice of the peace, and recover of such ferryman or owner of such ferry, the sum of ten dollars, for every default, or neglect: Provided, That any such recovery shall not be a bar to any action for damages sustained by any person by reason of the insufficiency of said ferries and bridges. (1) Persons de tained at public ferry may have warrant against the ferryman, &c. Proviso. Ib. Sec. 20. 30. If any person or persons shall establish a public ferry, tollestablishing bridge, or causeway, contrary to the provisions of this act, he or they a ferry, &c. shall forfeit and pay five hundred dollars for every public ferry, toll without li cense. (1) The lessee of a ferry, is the person liable to the penalty for neglect. But where a person is employed on shares and for an indefinite time, he is to be considered as a mere servant, and the owner is liable, Taylor v. Rushing, 2 Stewt. Rep. 160. bridge, or causeway so established, to be recovered by indictment or presentment by a grand jury, in the circuit court of the county or counties in which such ferry, toll-bridge, or causeway, shall be so established; and every person or persons who may have any licensed ferry, toll-bridge, or causeway, and who shall demand and take a For demandgreater toll than is allowed him or them by law, or by order of the ing and receiving uncounty court, shall forfeit and pay the sum of five dollars for every lawful toll. such offence, to be recovered by indictment or presentment of a grand jury, as prescribed in the foregoing part of this section. Judges to give this act charge to grand juries. in duty. 31. It shall be the duty of the judges of the circuit courts to give b. Sec. 21. in charge to the grand juries of the different counties, at the opening of each term of said courts, this act, and the said grand jury shall present the overseers of every public road, bridge, and causeway, as well as the owners and keepers of toll-bridges, causeways, and ferries, which shall not or may not have been kept in such order or repair as required by law; and every person or persons who may have altered any public road without having obtained an order of court therefor, as is directed by the provisions of this act, or any such person or persons as may have erected any fence or bar, impediment, or fell trees or brush in any public road contrary to this act: and it shall be the Solicitor's duty of the solicitor of the circuit upon such presentments made by the grand jury, after giving such defaulter three days' notice, to move the court for judgment against such defaulter or defaulters in the same way as prescribed in the fifth section of this act: Provided however, Excuses to That the court shall hear the excuse of any overseer or other person who may have violated the provisions of this section of this act; and on good cause being shown for default, no judgment shall be awarded. 32. Every overseer of roads in this state is authorized to con- Ib. Sec. 22. tract with a carpenter to make all mile-posts and index-boards necessary for his district or precinct, of good durable wood, and for cutting for mile posts the figures on the former, and for painting the latter, both of which boards. shall be done in a good and proper manner, and it shall be the duty of the said overseer to attest his account, and deliver the same to the To be paid county court, who shall order the amount to be paid by the county county trea treasurer, out of any moneys in the treasury belonging to the road surer. fund. be heard. Overseer may contract and index for by the Overseer may engage § 33. When it may be necessary to use a wagon to haul materials Ib. Sec. 23. for any bridge, causeway, or other purpose in repairing roads, the overseer of such road is authorized to exchange the labor of any hands wagons and bound to work on such road, for the use of a wagon or wagons teams, by exand change of teams to be employed as aforesaid; and if any overseer find it im-service, or practicable to make such arrangement, he may hire a wagon or wagons when necessary, and present his account on oath to the county court, for the hire of the same, who shall pay the amount out of any moneys in the county treasury belonging to the road fund. hire. Within what able to work. § 34. All persons liable to work on public roads, living within five Ib. Sec. 24. miles of any part of any public road, may be appointed to work on distance the same, and all persons liable to work on public roads, living within hands are lithree miles of any new road about to be opened, shall work on the same: Provided, That all persons liable to work on public roads, Proviso. and living within ten miles of the main public road leading from the town of St. Stephens to the city of Mobile, and south of Basset's Creek on said road, shall work on the same: Provided also, That it Proviso. shall be the duty of all persons liable to work on public roads, to work on some road; and when any person or persons live at a greater dis- a See § 46. tance than five miles from any road, they shall be apportioned to work on the nearest road to them; "but they shall not be compelled to work Sec. 1.] (25) |