to contain.

in the year

day of , upon the adoption or rejection of the new road law,' do certify that the result of said election is as follows: For adoption, — votes ; for rejection, votes. Given under our hands this day of in the year." The said certificates shall What certificate contain a full and true return of said election at each place of voting on said question. The said commissioners, or one of them, or said conductor, shall, within four days, including Sundays, after that on which said election was Certificate to be held, deliver the said certificate to the clerk of the county delivered to court of the county, who shall deliver the same to the county court, whose duty it shall be to ascertain thereHow result de- from the result of said election in the county, and declare the same at their next session.

clerk of county court.

clared.

Duty of county

court.

5. The county court of the county shall, if the method of constructing and keeping in repair the county roads. herein provided for is adopted, by a majority of the votes cast upon the question at said election, proceed to divide Each district to each district in the county into three road precincts, of, be divided into as nearly as practicable, equal extent, numbering the same, and shall also appoint, in each district of the county, three road surveyors, no two of whom shall be appointed from the same road precinct. One of said surveyors shall be appointed for the term of three years, one for the term of two years, and one for the term of one year.

three road pre

cincts.

Appointment of road surveyors.

Their term of office.

When to commence.

One surveyor to be appointed annually.

his road pre

6. The term of office of said board of surveyors shall commence on the first day of January next after their appointment.

7. After the first appointment, one surveyor shall be annually appointed in each district of the county, residing Shall reside in in the road precinct of his immediate predecessor, and who shall be a voter of his district. The term of office of the surveyor so appointed shall commence on the first day of January next after his appointment, and he shall continue in office for three years.

cinct and be a voter.

Vacancy in the

8. When there is a vacancy in the office of road suroffice of survey veyor, the same shall be filled for the unexpired term by the county court at their next session.

ors; how filled.

9. It shall be the duty of the clerk of the county court to give written notice to the appointee of his appointment, as soon thereafter as practicable, and each person so appointed shall, within ten days after having been notified of such appointment, qualify by taking the oath prescribed by the fifth section of the fourth article of the constitution of this state, a copy of which oath, signed by the road surveyor taking the same, shall be filed in the office of the clerk of the county court.

10. Any two of said surveyors shall constitute a quorum for the transaction of business, and they shall not

sufveyors.

transact any business except when sitting as a board, ex- of board of cept as herein otherwise provided.

ings; when and

11. Stated meetings of said road surveyors shall be Stated meetheld at the place of voting in their district on the second where held. Tuesday in April and September of every year, and special meetings at such other times as a majority of the sur- Special meet. veyors may determine.

ings.

divide roads

exceed one mile

12. It shall be the duty of the surveyors, within twenty Surveyeyors to days after the first day of January next after the adop- into sections. tion of this act, and every three years thereafter, to lay out and divide, or cause to be laid out and divided, all of the county roads in their respective road precincts into Sections not to sections not exceeding one mile in length, which they in length. shall number and describe in a book to be kept for that and described. purpose by the board of surveyors of each district. They shall also distinctly specify therein what they may necessary for the improvement and keeping in each section of said county road for a period not ing three years.

To be numbered

What to be

deem repair specified as to exceed - said sections.

tion and repair

Notice to be

13. It shall be the duty of the said road surveyors to ex- When construcpose for sale, one section at a time, such of the sections of of roads by sec road in their districts as they may elect to the lowest and tions sold out. best bidder, commencing on the first Tuesday in April. next after the adoption of this act, for the period of time previously determined as provided in section twelve. Additional sections may be sold in like manner annually thereafter, the sales to continue from day to day until the designated sections are all sold, of which sales at least ten givea. days' notice shall be given by not less than ten hand bills posted at the most public places in the district. Provided, That any person purchasing a contract, or contracts, at any sale herein provided for, shall give bond, with freehold bond. security to be approved by said surveyors in a sum to be fixed by said surveyors for the performance of every contract so purchased.

Purchaser of

contract to give

altered or estab

tions.

sold.

14. The road surveyors shall divide all the roads that Roads hereafter may hereafter be laid out, altered or established in their re- lished to be dispective precincts into sections not exceeding one mile in vided into seclength, number and describe them; specify the nature and character of the work to be done within twenty days after When to be the time they may receive an order for opening the same, and after giving notice for ten days at ten of the most pub. Notice requir lic places in the district, by posting hand bills, shall proceed to sell the same at public sale in the manner and form How sold. provided in the thirteenth section, for such length of time as they may deem necessary for the opening of the same, How kept in after which they shall be kept in repair in the same man- repair. ner as other roads in the district.

ed.

15. It shall be the duty of the purchaser or purchasers Purchasers of to sign his or their name, or names, as the case may be, their names,

contract to sign

Constractors failing to keep their sections in repair.

ors in relation

thereto.

Costs of repairs from contract

recoverable

ors.

etc., in books of and write the sum he or they are to receive for repairing road surveyors. his or their section or sections, in the books kept by said road surveyors, mentioned in section twelve of this act, under the description thereof; and any contractor, or contractors, neglecting or refusing to keep his or their section or sections in repair, in conformity thereto, upon complaint of any citizen of the district in which such road is made, to the road surveyors thereof, it shall be their duty Duty of survey to examine thereinto within four days after such complaint; and if upon such examination they deem the complaint well founded, they shall give notice thereof in writing to the party or parties so complained of, accompanying said notice with a request that the party or parties, so complained of, shall put in good repair, within six days thereafter, his or their portion of road so out of repair, and if he or they shall still neglect or refuse to repair the same, it shall be the duty of the said road surveyors to cause the same to be put in good repair, and the costs of said repairs shall be recoverable by said road surveyors before a justice of the peace of the said district, or the circuit court of the county, if such costs exceed the sum of three hundred dollars, as other debts or claims of equal amount are now recoverable by law; Provided, That if any road surveyor shall become a purchaser or contractor, as aforesaid, and shall neglect or refuse to keep in repair, according to his contract, any portion of his section or sections so purchased, it shall be the duty of the surveyors in the district not interested in such contract, upon complaint of any citizen of the district made to them, to examine the section or sections so complained of within four days from the time of such complaint being made, and if such complaint is deemed well founded, they shall give notice in writing to the person or persons complained of, accompanying the same with a request that he or they so notified, put his or their section or sections so complained of in good repair, according to his or their contract, within six days thereafter; and if such neglect or refusal to repair the same shall continue for any period of time after said six days, it shall then be the duty of such surveyors, not interested in such contract, Costs of repairs, to cause the same to be put in good order at the cost of said person or persons complained of in manner and form herein provided for other delinquencies.

Surveyor, who tractor, failing

may be con

to keep road

in repair; how proceeded against.

how recovera

ble

Annual report

county court.

16. It shall be the duty of the board of road surveyors. of surveyors to of each district in the county, as soon as practicable after the sale of said county roads, or of any newly established or altered roads, and annually thereafter, to ascertain and report in writing immediately after such ascertainment, What report to to the county court of the county, the amount of money necessary to open and keep in repair the county roads of their district, payable during the next ensuing fiscal year; whereupon the said county court at their first stated meet

contain.

amount to keep

ing thereafter, at which the said county court may be required to levy the estimates covering the county debts How and when and liabilities, shall provide for the amount so reported to roads in repair them by the road surveyors as aforesaid, and any other provided for. expenses pertaining to the same, by levying a tax of one Capitation tax dollar on every male inhabitant of said district, who has to be levied. attained the age of twenty-one years, and the balance, after deducting said capitation tax and estimated delinquencies, shall be levied upon the property of said district, ty. taxable for state and county purposes, and shall be collected How levied and and disbursed in the same manner.

Tax on proper

collected.

roads to give

approved.

17. Every road surveyor provided for in this act shall, Surveyors of before entering upon the duties of his office, give bond, bond with sewith security, to be approved by the county court of the curity; how county, in such sum as may be required by the county court, the same to be made payable to the county court of Bond; to whom payable. the county, and be conditioned as any other fiduciary public officer's bond.

Notice to be

given.

18. It shall be lawful for any contractor or contractors Contractor movwho may remove out of any district, to yield up to the ing out of precinct may yield road surveyors of such district the unexpired portion of up contract. his or their contract or contracts, by giving notice thereof, in writing, at least twenty days before the time for making the annual sales of sections of road provided for in section thirteen; and the sections of road so yielded up, and any section of new road that may have been opened, may be sold at private sale by the road surveyors, for the time intervening till the next annual sale of roads pro-term disposed vided for in section thirteen; Provided, That in case of of. death or removal out of the district, the road surveyors Death or removshall cause to be paid, in the same manner as other claims al of contractor out of precinct. are required to be paid to contractors, to the representative of such person so deceased, or to such person so removing out of the district, such portions of the money How money due specified in their respective contracts, as they shall be- be paid lieve them justly entitled to.

How unexplred

on contract to

reject bid too

19. The road surveyors shall have the right to reject Surveyors may any bid that may by them be deemed too high and sell high, and sell such section or sections or new roads at private sale.

such se tion at private sale.

Where returned

20. Delinquent lists of taxes, uncollected under the pro- Delinquent lists visions of this act, shall be returned and disposed of rela- of taxes. tively to this act, as district levies for road purposes are disposed of under the general road law of the state. And and how dispos any balance of road fund remaining in the hands of the ed of. sheriff at the end of a fiscal year, shall remain to the credit of the district in which it was collected.

ors and render

21. The road surveyors shall each keep a regular ac- Account to be count of the amount and kind of services performed by kept by surveythem severally with the date thereof, and render an ac- ed to county count thereof sworn to, to the county court of the county,

court.

How audited and paid.

Compensation of surveyors.

Claims of contractors.

How certified and paid

Penalties on surveyors who have qualified,

for neglecting or charge duties

refusing to dis

of his othce.

County court

cause

laid off in sec

tions of two

tract for keeping

To be sold to lowest bidder.

who shall audit, and if by them found correct and proper, order payment of the same, or such part thereof as may be deemed proper, out of the funds for road purposes of the district of such road surveyor; Provided, That no road surveyor shall receive for his services as such more than one dollar and twenty-five cents per day.

22. All claims of any contractor or contractors, or others, which may, under the provisions of this act be due to such contractor or contractors, or other persons, shall, when certified to by the board of road surveyors, be presented to the county court at the proper session thereof, and if by them found correct, shall, upon the order or warrant of said court, signed by the president and clerk of the county court, be paid by the sheriff.

23. Any road surveyor duly appointed as provided in this act, and who may have qualified as such, neglecting or refusing to perform the duties of his office, shall be subject to all the fines and penalties provided by the general road law in similar cases.

24. The county court of the county may, with the conroads of great- sent of a majority of the boards of road surveyors, cause est benefit to be such of the county roads as are of greatest benefit to the citizens of the county, to be divided and laid out in secmiles, and con- tions of not more than two miles in length, the contract same in repair. for reparing and keeping in order of which they may sell out to the lowest and best bidder, who shall give bond and security in such amount as the county court may determine, to be approved by the county court, and the expense of constructing and keeping in repair any road, so laid out and divided, shall be provided for by a tax levied upon all the property of the county taxable for state and county purposes.

Expense of

keeping in re

pair to be levied

upon the coun

ty generally.

Notice to be

given.

Conflicting laws to be void in

any county in which this act

is adopted.

How operations of this act discontinued.

25. It shall be the duty of the county court, before making sale of any roads as provided for in section twenty-four, to give notice of such sale for at least thirty days in some newspaper published in the county, or by posting hand bills in at least two of the most public places in each district of the county.

26. Upon the adoption of the provisions of this act, as provided herein, all laws or parts of laws in conflict with this act shall be as to said county void and of no effect.

27. Any county having adopted the provisions of this act, and wishing thereafter to discontinue the same, may do so in the same manner as is provided in section two of thie act for the adoption or rejection of said act; and if it shall determine at said election to discontinue the same, the general road law in force at that time shall be in force in that county.

[Approved March 17, 1881.]