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TITLE VI.

CHAPTER 23.

Scrapers and ploughs.

Excess of work

cause guide-posts, with proper inscriptions and devices thereon, to be erected and kept in repair at the intersection of all post roads in their township, and at the intersection of such other roads therein as they may deem necessary.

SEC. 9. Any overseer of highways may procure a good and sufficient iron or steel shod scraper, and a suitable plough, or either of them, for the use of his road district, to be paid for with moneys arising from commutations and delinquences within such district.

SEC. 10. If any overseer shall be employed more days in executing by overseer, how the several duties enjoined upon him by this chapter, than he is aspaid for. sessed to work on the highways, he shall be paid for the excess at the rate of seventy-five cents per day, and be allowed to retain the same out of any moneys that may come into his hands for delinquencies or commutations under this chapter; but he shall not be allowed to commute for the days he is assessed.

When commis

overseer, &c.

SEC. 11. If any person chosen to the office of overseer of highways, sioners to appoint shall refuse to serve, or if his office shall become vacant, the commissioners of highways shall, by warrant under their hands, appoint some other person in his stead; and the overseers so appointed shall have the same powers, be subject to the same orders, and liable to the same penalties, as overseers chosen in township meetings.

Warrant to be

SEC. 12. The commissioners of highways making such appointfiled, notice to be ment, shall cause such warrant to be filed in the office of the towngiven, &c. ship clerk, who shall forthwith give notice thereof to the person appointed, which person shall give written notice of his acceptance to such clerk, within ten days after receiving notice of his appointment.

Penalty for neglect, &c., by Overseer.

When commis

cute for penalty.

SEC. 13. Every overseer of highways who shall refuse or neglect to perform any of the duties required of him by law, or which may be lawfully enjoined on him by the commissioners of highways of his township, and for the omission of which a penalty is not hereinafter provided, shall, for any such neglect or refusal, forfeit the sum of ten dollars.

SEC. 14. It shall be the duty of the commissioners of highways of sioners to prose each township, whenever any person resident in their township shall make complaint that any overseer of highways in such township has refused or neglected to perform any of the duties required of him by law, or shall give or offer to such commissioners sufficient security to indemnify them against the costs which may be incurred in prosecuting for the penalty annexed to such refusal or neglect, forthwith to prosecute such overseer in the name of the people of this state, for the recovery of such penalty.

Persons liable to be assessed.

CHAPTER 23.

OF PERSONS LIABLE TO WORK ON HIGHWAYS, AND MAKING ASSESSMENTS

THEREFOR.

SECTION 1. Every person owning or occupying land in the township in which he resides, and every male inhabitant above the age of twenty-one, and under fifty years, except as hereinafter provided, residing in the township where the assessment is made, shall be assessed

to work on the highways in-such township; and the lands of non-residents, situated in such township, shall be assessed for highway labor as hereinafter directed.

TITLE VI.

CHAPTER 23.

SEC. 2. The commissioners of highways of the several townships, When tax to be shall meet at the office of the supervisor, on the second Monday of assessed. May, in each year, for the purpose of assessing a highway tax, and they shall have free access to the assessment roll until they shall have completed their assessment.

1844, p. 69, § 2.

SEC. 3. Each of the overseers of highways, shall, within sixteen List to be furdays after his election or appointment, deliver to the township clerk, a nished by over list subscribed by him, of the names of all the inhabitants in his road district who are liable to work on the highways.

seers.

property.

SEC. 4. The commissioners of highways in each township, shall Statement and make out from the assessment roll, a separate list and statement of the description of valuation of all the taxable personal property, and a description of all lots or parcels of land within each road district in such township, inserting in a separate part of such list descriptions of lands owned by non-residents of the township, with the value of each lot or parcel set down opposite to such description, as the same shall appear on the assessment roll; and if such lot or tract was not separately described in such roll, then in proportion to the valuation which shall have been affixed to the whole tract of which such lot or parcel forms a part. SEC. 5. In making the estimate and assessment of highway labor, Assessment, how the commissioners shall proceed as follows:

1. Every male inhabitant in each road district, being above the age of twenty-one, and under the age of fifty, except paupers, persons of color not possessing taxable property, idiots and lunatics, shall be assessed one day :

2. The residue of the highway labor to be assessed, not exceeding one day's work upon one hundred dollars of the valuation, shall be apportioned upon the estate, real and personal, of every inhabitant in each of the road districts in such township, and upon each tract or parcel of land in the respective road districts, of which the owners are nonresidents, as the same shall appear by the assessment roll:

3. The commissioners shall affix to the name of each person named in the lists furnished by the overseers, and not assessed upon the assessment roll, and also to each valuation of property within the seveeral road districts, the number of days which such person or property shall be assessed for highway labor, adding one day to the assessment of each person liable to a poll tax, and 'assessed upon the township assessment roll.

1840, p. 81, § 3.

made.

SEC. 6. The clerk of the board of commissioners shall, under their Clerk to make duplicates. direction, make duplicates of the several lists, which shall be subscribed by the commissioners, one of which lists for each road district, shall be filed by such clerk in his office, and the other shall be forthwith delivered to the overseer of highways of the district in which the highway labor therein specified is assessed.

SEC. 7. The names of persons left out of any such list, and who ought Names of persons to have been included therein, and of new inhabitants who have not omitted.

in the same year been assessed in some other place for highway labor, shall be, from time to time, added to the several lists, and rated by the overseers in proportion to their taxable real and personal property, as others are rated on such lists by the commissioners, to work on the highways, subject to an appeal to the commissioners.

TITLE VI.

CHAPTER 24.

SEC. 8. It shall be the duty of the commissioners of highways of each township, to credit such persons as live on private roads and Credit to persons work the same, so much upon their assessment on account of such working private work, as such commissioners may deem necessary to improve and keep such private roads in repair; or they may annex any such private road to some highway district.

roads.

Certain assessments to be made separate.

When assess

ducted from rent &c,

SEC. 9. Whenever the occupant of any land not owned by him, shall be assessed therefor by the commissioners, they shall distinguish in their assessment list, the amount charged upon such land, from the personal tax, if any, of such occupant; but when any such land shall be assessed in the name of the occupant, the owner thereof shall not be assessed, during the same year, to work on the highways on account of such land.

SEC. 10. Whenever any tenant of any land for a less term than ment may be de- twenty-five years, shall be assessed to work on the highways on account of such land pursuant to the last section, and shall actually perform such work, or commute therefor, he shall be entitled to a deduction from the rent due or to become due from him for such land, equal to the full amount of such assessment, or he may recover the same of his landlord in an action for money paid for his benefit, estimating the same at so much as is or shall be prescribed by law for commutation per day for highway labor, unless otherwise provided by agreement between such tenant and his landlord.

Notice to persons assessed.

When agent of

be notified.

CHAPTER 24.

OF THE DUTIES OF OVERSEERS IN REGARD TO THe perforMANCE OF
LABOR ON HIGHWAYS; AND OF THE PERFORMANCE OF SUCH LABOR
OR THE COMMUTATION THEREFOR, AND APPLICATION OF MONEYS
BY THE COMMISSIONERS.

SECTION 1. It shall be the duty of the overseers of highways, to give at least twenty-four hours' notice to all persons assessed to work on the highways in their respective districts, and residing in their townships, of the time and place when and where they are to appear for that purpose, and with what implements.

SEc. 2. It shall be the duty of the several overseers of highways, to non-resident to notify the agent of every non-resident owner of lands within their respective districts, if they shall know that any such agent resides within the township, of the number of days assessed upon the lands of such non-resident, and of the time when, and place where the labor is to be performed; which notice shall be given at least five days previous to the time appointed.

Commutation for work, &c.

SEC. 3. Every person liable to work on the highways, shall work the whole number of days for which he shall have been assessed; but every such person, other than an overseer, whether resident or non-resident, may elect to commute for the same or any part thereof, at the rate of sixty-three cents for each day, in which case such commutation money shall be paid to the overseer of highways of the district in which the labor is required to be performed, and shall be applied and expend

ed by such overseer in the purchase of implements, or construction and repair of the roads and bridges in the same district.

TITLE VI.

CHAPTER 24.

SEC. 4. Every person intending to commute as aforesaid, shall, when commutawithin twenty-four hours after he shall be notified to appear and work tion to be paid. on the highways, pay the commutation money for the work required

of him, and the commutation shall not be considered as complete un

til such money be paid.

SEC. 5. Every overseer of highways shall have power to require a Overseer may cart, wagon, plough or scraper, with a yoke of oxen or span of hor- require cart, &c. ses, and a man to manage them, to be furnished by any person having the same within his district, who shall have been assessed and shall be liable for three days or more; and the person furnishing a man and team, with a cart, wagon, plough or scraper, upon such requisition, shall be entitled to a credit of three days for each day's service therewith.

SEC. 6. Every person assessed to work on the highways, and warn- Work by subatied to work thereon, may appear and work in person, or by a substi- tute. tute; and the person so appearing shall actually work eight hours in each day.

SEC. 7. If any person assessed, or his substitute shall, after appear- Forfeiture for ing, remain idle, or not work faithfully, or hinder others from work- idleness, &c. ing, such offender shall, for each offence, pay the sum of one dollar.

fusal to work, &c.

SEC. 8. Every person so assessed and duly notified, who shall not Liability for recommute, and who shall refuse or neglect without good cause, to appear as above provided, shall for every day's refusal pay the sum of one dollar; and if he was lawfully required to furnish a team, carriage, man or implements, and shall refuse or neglect without good cause to comply, he shall pay as follows:

1. For wholly refusing to comply with such requisition, three dollars and fifty cents for each day:

2. For omitting to furnish a cart, wagon, plough or scraper, one dollar and twenty-five cents for each day:

3. For omitting to furnish a yoke of oxen or span of horses, one dollar and twenty-five cents for each day :

4. For omitting to furnish a man to manage the same, one dollar and twenty-five cents for each day.

persons liable for

SEC. 9. It shall be the duty of every overseer of highways, within Overseer, when six days after any person shall become liable for the payment of any to make comsum of money under the provisions of either of the last three preced-plaint against ing sections, unless a satisfactory excuse be rendered to him by the neglect., &c. person so liable, to make complaint in writing and on oath, to some justice of the peace of the township, stating the default, neglect, refusal, or other cause, by reason of which such person became so liable.

SEC. 10. The justice to whom such complaint shall be made, shall Proceeding on forthwith issue a summons, directed to any constable of the county, complaint. requiring him to summon the person against whom the complaint shall have been made, to appear forthwith before such justice, at some place to be specified in the summons, to show cause why a judgment should not be rendered against him according to law for the cause mentioned in the complaint; which summons shall be served personally. SEC. 11. On the return of such summons, or within such reasonable Julment and time thereafter as the justice shall allow, if no sufficient cause shall be shown to the contrary, the justice shall render a judgment in favor of the people of this state against such person for the sum which such

execution.

TITLE VI.

CHAPTER 24.

Proceeding on execution.

Moneys collected to be set off against assess

ment.

Excuse, effect of.

List of non-resi

dent lands, &c., to be delivered

to supervisor.

shall have become liable to pay on account of the default, neperson glect, or other delinquency mentioned in the complaint, with the costs of prosecution; and shall forthwith issue an execution under his hand, directed to any constable of the county, commanding him to levy the amount of such judgment, including the costs of the proceedings, of the goods and chattles of such defendant.

SEC. 12. The constable to whom such execution shall be delivered, shall forthwith proceed to collect the moneys therein mentioned, by distress and sale of the goods and chattles of the defendant therein named, giving at least ten days' notice of the time and place of sale; and he shall pay such moneys, when collected, to the justice who issued the execution, who shall pay the same to the overseer who en-tered the complaint, to be by him expended in improving the roads and bridges in his district.

SEC. 13. Every sum of money collected for a refusal or neglect to appear and work on the highways, shall be set off against the assessment upon which it was founded, estimating every one dollar and twenty-five cents collected, exclusive of the costs of the proceedings, as a satisfaction for one day's work.

SEC. 14. The acceptance by an overseer, of an excuse for a refusal or neglect, shall not in any case exempt the person excused from commuting for or working the whole number of days for which he shall have been assessed during the year.

SEC. 15. Every overseer of highways shall, on or before the first Monday of October in each year, make out and deliver to the supervisor of his township, a list of all the lands of non-residents and of persons unknown, which are taxed on his list, upon which the labor assessed has not been paid, and the amount of labor unpaid; and said overseer shall make and subscribe an affidavit thereon, before some person competent to administer oaths, or before the supervisor, 1844, p. 69, § 4. that the labor assessed upon the lands so returned has not been performed, and remains unpaid.

Superviser to cause delinquent taxes to be collected, &c.

Account to be rendered by

overseer.

SEC. 16. The supervisor of each township shall cause the amount of such arrearages of labor, estimating the same at seventy-five cents for each day, to be levied on the lands so returned, and to be collected in the same manner that the contingent charges of the township are collected; and the same, when collected, shall be paid into the township treasury, to be applied by the commissioners of highways in the construction and improvement of roads and bridges, in the road district for the benefit of which the labor was originally assessed.

SEC. 17. Every overseer of highways shall, on or before the second Saturday next preceding the time of holding the annual township meeting, render to the commissioners of highways an account in writing, verified by his oath, to be administered by the township clerk, or some other person competent to administer such oath, and containing:

1. The names of all persons assessed to work on the highways in his district:

2. The names of all those who have actually worked on the highways, with the number of days they have so worked :

3. The names of all those against whom judgments have been recovered by virtue of this chapter, and the sums so recovered:

4. The names of all those who have commuted, and the amounts

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