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 § 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 dividing 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. be erected at 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 danevertheless, That payment of this penalty shall not prevent any per-lowed. sons who may have sustained damage by the road being out of order, from recovering the amount of such dainage from such overseer. mages al established. § 26. The county courts shall have power to establish ferries, and Ib. 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 oftaining 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 b. 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 already es ferry already established, unless on any river at or within two miles miles to one of any town: Provided nevertheless, That a ferry may be established tablished. on any sixteenth section whenever the trustees of said sixteenth section think it advantageous to the township in which said section may be. Proviso Sixteenth sections. Ib. Sec. 18. County courts may establish when necessary. 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 thbridges 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 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 or endeavoring to evade 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. toll. Ib. Sec. 19. Keepers of to give bonds. b See § 26. Keepers of bridges and ferries, how made 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 judgment 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 public ferry 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 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 recounty court, shall forfeit and pay the sum of five dollars for every such offence, to be recovered by indictment or presentment of a grand jury, as prescribed in the foregoing part of this section. ceiving unlawful toll. duty. § 31. It shall be the duty of the judges of the circuit courts to give b. Sec. 21. Judges to in charge to the grand juries of the different counties, at the opening 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 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 aot; 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- Пb. 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 for by the 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. Overseer change of § 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 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 teams, by ex 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 § 34. All persons liable to work on public roads, living within five b. 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 able to work. 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.] [b 1833-(25) Ib. Sec. 25. under this 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. § 35. It shall be the duty of all overseers, justices of the peace, All tines. &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 forto the county feitures under this act, (except the fines prescribed in the ninth section 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 neglect 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 prescribed in the fifth section of this act. Ib. Sec. 26. § 36. It shall be the duty of the county treasurers of the several Road fund. 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 index-boards. Ib. Sec. 27. Penalty for defacing § 37. If any person shall be guilty of defacing or pulling down any 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 &c. Ib. Sec. 28. Penalty for neglect of du. ty in commissioners. Ib. Sec. 29. to report ap. such road. § 38. All commissioners appointed by the court to lay out roads, who may refuse or neglect to perform the duty assigned them, shall each forfeit and pay for every such failure or neglect, a sum not exceeding twenty dollars, to be recovered as is provided in the fifth section of this act: Provided, That such fine shall not be imposed when a good and sufficient excuse may be offered. 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 Ib. Sec. 30. thorized to 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. § 40. In those places where it is necessary to purchase timber to Overseers au- repair or causeway roads, the overseer of such road is authorized to purchase tim-contract for such timber as will be necessary to repair such road; and ber, 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 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. and to be the county. Ib. Sec. 31. how made li § 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 ing to 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 cute default ers. a summons against such overseer, requiring him to appear before said Overseer may appoint § 42. The overseer of every road in this state shall have authority Ib. Sec. 32. to appoint one fit person in his precinct, to warn the hands liable to work thereon; and notice thus served shall be as binding as if served an agent to by the overseer in person; and the person appointed and performing said duties, shall be exempted from working on roads. warn hands. clause. § 43. The act entitled "An Act to reduce into one, the several acts Ib. Sec. 33 concerning roads, bridges, ferries, and highways," passed December Repealing 21st, 1820, and an act entitled "An Act to reduce into one the several acts concerning roads, bridges, ferries, and highways," passed December 19th, 1821, and all acts and parts of acts coming in conflict with the provisions of this act, are hereby repealed: Provided, That this shall not be construed to apply to any turnpike or other road authorized by name, by any act of the legislature, nor to the appointment of overseers in incorporated towns, or to any of the duties of overseers or hands in said towns. § 44. Nothing in this act contained shall be construed to extend to the county of Mobile. § 45. If any clerk or sheriff shall fail to perform any of the duties required of him by any of the provisions of this act, he shall on conviction, forfeit and pay the sum of fifty dollars, to be recovered in the same manner as is provided for by the fifth section of this act. lb. Sec. 34. This act not to extend to Mobile. Ib. Sec. 35. clerks and sheriffs for neglect of du act. Sec. 1. § 46. The eleventh and twenty-fourth sections of the above recited ty under this acta shall not be so construed as to require any person liable to work 1828 (39) on roads, to work more than ten days in any one year, either in the cut- (a The foreting out of new roads, or in working on roads already established by law. going) See § 21, 34. § 47. The judge of the county court, and commissioners of revenue Preceding and roads, may, at any time when vacancies occur, appoint overseers 6 1826 (48) of roads and apportioners of hands. act explained. Sec. 1. Vacancies of and appor. tioners. 48. The county courts are authorized to establish ferries over overseers creeks and small rivers, when it shall appear necessary and proper, and shall require bond and security that the said ferry or ferries shall c 1829-(12) be kept in good order, and attended at such times as said creeks and Sec. 1. rivers cannot be otherwise safely passed, without compelling the may estabowners of such ferries to attend them, when the streams can be con- to be attendveniently forded. County court lish ferries, ed in case of high water Sec. 1. How opened repair. § 49. It shall be lawful for the courts of roads and revenue in each only. county, on the application of any one or more persons, to grant and 1832-(18) establish private roads, not exceeding fifteen feet wide: Provided, Private That they shall not be opened through any person's plantation: And ways. provided always, That the person or persons petitioning, shall be and kept in bound to open and keep such roads in repair; and shall pay to the owner of the soil over which said roads shall run, all damages that Damages. may be assessed against the petitioner or petitioners, for the benefit of the said owner, in the manner of assessing damages in like cases of public roads: And provided further, That such petitioner or peti- Petitioner tioners shall not be exempt from working on public roads, on account from work. of working on such private roads. not exempted ing on other roads. § 50. It shall be lawful for the commissioners of roads and revenue 1832-(32) of the different counties in this state, to authorize the opening of any road or roads which they may conceive to be of public utility, running parallel with any turnpike road or roads, which may run through their thorize the Sec. 1. Commissioners of R. and R. may au |
