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persons injured thereby may recover the amount of any damages sus
tained 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 liable for
shall in no case pay cost in case the defaulter should be exonerated
from fine. Ib. Sec. 10. $ 20. It shall be the duty of all overseers of public roads to mea
to sure such parts of roads as fall within their respective precincts or dismeasure road, and set tricts, in continuation, and to set up posts at the end of each mile, up mile
leading from the court-house, or some noted place or town, and to posts.
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 re
spective 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 fire dollars, to be recovered by judgment of the circuit court, on motion of
the solicitor as prescribed in the fifth section of this act. Ib, Sec. 11. 21. The overseers of the roads shall have power to call out all perOverseers
o m sons 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 pro
vided also, That no person shall be compelled to work on more roads a See § 46. than one, in any one year, nor more than ten days on any road :* Pro
vided, That no new road shall be opened through an enclosure whilst
there is a crop growing in the same. Ib. Sec. 12. $ 22. If any person or persons whatsoever, shall alter or change any Changing or 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 road.
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 Overseer to road; and it shall be the duty of the overseer of the road, turned as give notice to solicitor.
.. 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 offcnders, 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, shall Roads may in all cases be deemed sufficient evidence : Provided, That nothing ened through herein contained shall subject the party removing said road to damages enclosures, where the same is done to straighten said road through enclosures, &c.
or where the removal shall not render the said road more inconvenient to the public.
over streams dividing
be erected at
023. When to the overseer of a road it may appear expedient to IV. Sec. 13. make or repair causeways on the same, said overseer shall make them Canseways 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.
624. When a bridge shall be necessary over any place where the sb. 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 a 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 their joint 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.
525. Every overseer who shall fail or neglect to keep the roads, 15. Sec. 15. bridges, and causeways, within his district or precinct, clear and in Penalty on
overseer for 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- nage sons who may have sustained damage by the road being out of order, from recovering the amount of such dainage from such overseer.
$26. The county courts shall have power to establish ferries, and fb. 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!
cense for fer 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, con-bo ditioned 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.
27. Where land is owned by the same person on both sides of 10. Soc. 17. a river, over which it may be necessary to establish a ferry, such Where same
" person owns person shall have the ferry established on his land, on both sides if he the land on
both sides, desire it, unless public convenience would be thereby prejudiced; but bo
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
be establish ferry shall be established within less than two miles by water of any
miles to one already es.
courts may establish
than two ferry already established, unless on any river at or within two miles
of any town: Provided nevertheless, That a serry may be established tablished on any sixteenth section whenever the trustees of said sixteenth ProvisoSixteenth section think it advantageous to the township in which said section sections may be. Ib. Sec. 18. § 28. The county court through whose county large creeks or wa. County
tercourses pass, over which it may be too burthensome to build
bridges by a county tax, may contract with any person or persons to toll-bridges
build a toll-bridge or causeway, for which the court is hereby authocessary. rized 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; aand 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 injuring gates authorized to be set up by the said county courts, respectively, bridge or causeway, with intent to evade the payment of toll, he, she, or they shall, for ing to evade
every such offence, forseit and pay to the person or persons having payment of contracted with the said courts respectively, for such bridge or cause
way, 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. Ib. Sec. 19. § 29. The county court before granting a license to any person or Keepeisos persons to build a toll-bridge or causeway, as authorized in the foregoto give ing section of this act, shall take a bond in the same way and manner b See S 26. as is prescribed in establishing ferries, "for a sum not exceeding one Keepers of thousand dollars ; and if any person or persons shall at any time susPerries, how tain damage in consequence of any ferryman or owner of the ferry, or made liable keeper of a toll-bridge or causeway, not having complied with the on their bonds.
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 Persons de
void upon the first or any other recovery; and it shall be lawful tained at public ferry for any person or persons, detained at any public ferry by reason of may have the ferryman's not having good and sufficient boats, or other proper ugainst the crast, and hands, or by neglecting to do his duty, to obtain a warrant ferryman, &c.
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) Ib. See. 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 . 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 demand
ing and regreater toll than is allowed him or them by law, or by order of the in
ceiving un county court, shall forfeit and pay the sum of five dollars for every lawful toll. such öffence, to be recovered by indictment or presentment of a grand jury, as prescribed in the foregoing part of this section. $31. It shall be the duty of the judges of the circuit courts to give Ib. Soc. 21.
Judges to in charge to the grand juries of the different counties, at the opening it
give this act of each term of said courts, this act, and the said grand jury shall pre- in charge to
grand juries. sent 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 brusli 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 duty. 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
be heard. 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- 1b. Sec. 22. tract with a carpenter to make all mile-posts and index-boards neces- Overseer
may contract sary for his district or precinct, of good durable wood, and for cutting for mile-posts
and index the figures on the former, and for painting the latter, both of which harda 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
for by the county court, who shall order the amount to be paid by the county county treatreasurer, out of any moneys in the treasury belonging to the road surer. fund,
633. When it may be necessary to use a wagon to haul materials 1b. Sec. 23. for any bridge, causeway, or other purpose in repairing roads, the meerse
may engage 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 and 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 wag. ons 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.
5 34. All persons liable to work on public roads, living within five 1b. Sec. 24. miles of any part of any public road, may be appointed to work on its
distance the same, and all persons liable to work on public roads, living within hands are li
able to work. three miles of any new road about to be opened, shall work on the abi 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;a 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.)
1 (1 1833—(25)
to the county treasurer.
on any road lying more than seven miles from his or their place of residence, excepting the public route mentioned in the first proviso of
this section. Ib. Sec. 25. $35. It shall be the duty of all overseers, justices of the peace,
fines &c. clerks of the inferior and circuit courts, or other officers into whose act, to be paid hands may be paid any moneys arising from fines, penalties or for
Y feitures under this act, (except the fines prescribed in the ninth sec
tion of this act, to pay the same over to the county treasurer of the county in which the same may be, within twenty days after the same may come to his, or their hands; and if any overseer, justice of the peace, clerk of the inferior or circuit court, or other officer, fail or ne glect so to do, he or they shall forfeit and pay for such failure or neglect, double the amount so received, to be recovered by judgment of the circuit court, had on motion of the solicitor of the district, as pre
scribed in the fifth section of this act. Ib. Sec. 26. 36. It shall be the duty of the county treasurers of the several
counties of this state, to receive all moneys directed to be paid them by this act, to keep a separate and distinct account of the same, under the title of “road fund,” which moneys shall be exclusively under the control of the county court, and shall be appropriated by them only for the purpose of opening new roads, building and repairing bridges, causeways, public roads, and for erecting mile-posts, and in
dex-boards. D. Sec. 27. $ 37. If any person shall be guilty of defacing or pulling down any Penalty for defacing
mile-post, or index-board, such person, being convicted thereof bemile-posts, fore any justice of the peace for said county, shall forfeit and pay ten
dollars for every such offence, to be applied to the improvement of
such road. 1b. Sec. 28. 38. All commissioners appointed by the court to lay out roads,
.. who may refuse or neglect to perform the duty assigned them, shall neglect of du. ty in com- each forseit and pay for every such failure or neglect, a sum not ex. missioners.
ceeding twenty dollars, to be recovered as is provided in the fifth seetion of this act: Provided, That such fine shall not be imposed when
a good and sufficient excuse may be offered. Ib. Sec. 29. 39. The apportioners appointed agreeably to the fifth section of Apportioners this act, shall on or before the first Monday in April in each year, reportionment port to the clerk of the county court, the number of hands apportionto the clerk of ed to each overseer within their respective bounds, to be filed in said county court.
clerk's office; on failure thereof each apportioner shall forfeit and pay not exceeding twenty dollars, to be recovered by judgment of the circuit court, had on motion of the solicitor of the circuit, as prescribed in the fifth section of this act: Provided, That all good excuses shall
be heard. 15. Sec. 30. 40. In those places where it is necessary to purchase timber to
sau repair or causeway roads, the overseer of such road is authorized to thorized to purchase tim-contract for such timber as will be necessary to repair such road; and
where timber cannot be had near a road where it may be wanting, the
overseer may contract for hauling the same, which contract shall be and to be laid before the judge of the county court and commissioners of roads paid for by
and revenue, who are authorized and required to order payment to be made for as much as they shall judge reasonable, out of the county
treasury. Ib. Sec. 31. § 41. Where the overseer of any road fails to prosecute defaulters Overseers, as the law directs, for failing to work on a road as warned, it shall be able for fail. lawful for any person or persons that are appointed to work on said cuk prose: road, to apply to a justice of the peace near the precinct where such
overseer may reside; and the said justice is hereby required to issue
to report apportionment