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M. DWINELL, ^
i'* Proprietor."
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A NP MOD EE ATI O N.
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VOLUME XXVI. ROME
i GA„ FRIDAY M<
—— ""
• l.-W as h® « ! zl V ’_c i j
3BN1NG. SEPT. 29,
1871. NEW SERIES—WO 4.
s -»•- ! required by law to be held
I ruSi*J* e eaca month, between the
>1 T, ‘ -he orenoon and three in the
i ° f len !h. Court House in the county in
I* l „, r tvis situated.
i; ; ;--‘ tii &e'sales most be given in a pub-
1 "j 3 davs previous.
•t" - ttio’-ale of personal property must
I ‘***.*j , ike manner, through a public gaa-
I^-ireO !D revions to sale day.
p^bior 5 and Creditors of an estate,
* Vatic* c . .: a hi»il 4“ days.
.,1 ** rr applications will be made to the
for leave to sell land must be
I P» D, J' Administration, three months—
I ! r f rora Guardianship, 40 lays.
I { i:5J>j 5!,on h ** f orec loseure of Mortgages must
I J3'.e-‘‘ c j i monthly Tor four months—for es-
I. j-b’jsuea ‘ fS> f or t h e fa}j space of three
, n I jjiJig titles from Executors or
\vbere bond has been given by
j for the full space of three months.
I wi#cea ?e . • -jj a iwoys be continued accord-
I plication ^ * re(jU j remcc ts, unless oth-
k"rfSrf.»tth.W»*i»g
|ri ' ' rates.
*>« Mortgage n. w-
,'CdUeetor's sale*, per
letter* of'Administration 3 00
300
application for dismission frora
I ijfflinistratHn, .
' W - appliesti
i-hip.- ••
for dismission from
6 00
4 00
I'tn to sell land,....
,‘rt pebtor* an 1 Creditors,
pHshable property, 10 days
notice 5 . 10 days
. ure of Mortgage, per square
rtisinghis wife, (in ad>ai
4 00
, 4 00
. 5 00
4 00
4 00
4 00
ce) 10 00
LAWS OF GEORGIA.
ARTICLE 1.
I'l lil.IC ROADS.
Airmails laid out for pub-
kau act "of the General Assem-
[., it'nut otherwise provided, or by an
0 f the Justices of the Inferior
, n jre declared to he public roads.
Tlicv shall he cleared of all trees,
Japi. cruhs, and bushes, at least thir-
I v :Vet wide, and of such limbs of trees as
"•inciimmodc horsemen or carriages;
ms must lie cut as nearly even with
i airfare as possible, and the carriage
yimu-t he at least five feet six inches
I Talf.
to the Commissioners in writing, within
five days after each time of working, of
all defaults and deficiencies which may
have taken place. J
65G. Whenany road, or bridge or cause
way, may become suddenly impassible,
it is the duty of such overseer to call out
as many hands as necessary to repair the
same, after giving one day’s nrffite'
657. They shall take notice .of the
time such hands are employed on such
special workings, and shall" excuse them
from roadduty an equal number of davs
out of the whole number all hands are
required to Work during the year.
658. Every individual liable to road
duty who, being duly summoned to work'
shall neglect to obey such summons, and
to carry the implements as ordered, or,
appearing with or without the imple
ments, neglects or refuses faithfully to
work, shall be fined not less tlian one
ndr -more than three dollars 1 for. eVeiV
,, ,, „„ 4 ;l >' lie or they fail to work, or be im-
0f Ifes per levy' $ s oo inched at the discretion of the Com-
-- missioneis.
659. If any other instrument than or
dinary farming tools are necessary. .to
keep the road in repair, the overseer,
may receive them in exchange for the
labor of hands, or may apply to the Jus
tices of the Inferior Court, who may au
thorize him to contract for such as"may
be necessary, and pay for the same out of
the County Treasury.
660. When a person liable to road
duty makes an application to the Road
Commissioners for a proportion of road
for himself and hands to work on and
keep in repair, they shall parcel off to
each applicant some equal and just por
tion of said road, to be increased or di
minished according to the number of
bauds, and to be judged of by the Com
missioners.
661. Persons to whom portions of
roads are thus apportoned' must make
annual returns to their respective Com
missioners, whenever they require them,
of the number and names of their hands
liable to road work, and after they have
received and put iii good repair their re
spective portions, such hands shall not be
transferred to any other part of the road,
or compelled to do any other road work,
so long as they perform their work sat
isfactorily to the Commissioners.
662. If the applicants do not accept
the portion of road assigned them by the
Commissioners, they must still work in
common with the other hands of their
road districts.
663. If, after having accepted such
portions, they neglect to keep them in
good repair, they are liable to all the
penalties and forfeitures to which Com
missioners arc liable for neglect of duty,
besides the usual road fines on the hands.
664. If such Commissioners assign any
person a portion of road thus to work,
which, taking into consideration his num
ber of hands as compared to the number
liable to do road duty on such road, is
not an equal share of the labor, any
white male road worker of the same road
and district may complain to the Jus
tices of the Inferior Court at an)’ time,
and on giving such person three days’
notice thereof in writing, such Justices
may summarily hear all the evidence,
and if they believe the complaint is just,
they shall revoke such grant by the Com
missioners, and so have them instantly
informed by their Clerk.
665. All defaulters must file their ex
cuses, if any, on oath before the Com
missioners, who must meet at some place
within the district for fining defaulters,
of which place of meeting they shaft
give ten days’ notice, in writing, at one
or more of the most public places in the
district, and no other notice shaft be nec
essary.
666. Such Commissioners must issue
executions under their hands and seals,
or their warrants of arrest, as the case
may he, against each defaulter who fails
to render a good excuse, directed to any
lawful Constable, who shaft levy aud
collect the same as executions issued from
the Justices’.Court or, as the case may he
arrest the defaulter and bring him be
fore the Commissioners to abide the
judgement of the same.
607. When such fi.fas. or warrants
are collected within ten days thereafter,
the amounts must be paid to any one of
the Commissioners, one-half of which
shaft he paid to the overseer having had
charge of the hands fined ; the other
half to the Comity Treasurer, to he used
in the buildiug or repairing of bridges.
668- If Constables neglect their duty
ill collecting such fi. fas., or fail to pay
over the money, or fail to make such
arrests and bring the parties arrested before’
the Commissioners, they shall he subject to
rule and suit at the instance of such
Commissioners, as though the fi- fas. or
warrants had issued from a Justice’s
Court. In aft cases where executions
may he issued agaiust road hands iu the
employment of others, notice to the em
ployer of the existence of-such execution
shall have the force and eft'ect of a gar
nishment, and shaft operate as a lien on
what is due or to become due from such
emyloyer to such employee, and may be
collected as in cases of garnishment.
669. The liens of such judgements are
the same as any other judgement, and
claim according to their priority in the
distribution of money, except that no
property is exempt therefrom, and if ille
galities or claims are interposed, they
must be returned as though issued from
a Justice’s Court in which the road dis
trict is situated in whole or in part.
670. Overseers are authorized to make
use of any timbers for the use of the
reads, and may make contracts with
owners of land "for other timber, if indis
pensable, and if they disagree as to the
value, the overseer shall appoint one
arbitrator and the owner another, who,
without- further formality, shall assess
the value, and if they disagree, to call
in an umpire, whose decision is final.
The valuation so awarded must then be
reduced to writing and signed by the
arbitratotSi and upon the production of
the same, with a certificate of the over
seer that he used the timber assessed,
•iilecs or causeways over
l-iii our courses, and causeways over
1 Sirups or low lands, shall he made and
in repair by hands subject to work;
I -l roads; the pieces shaft ho laid across
nail at least sixteen feet , long, well
|. jmi, wade fast, and covered with
Ml. The Justices of the Inferior Court
Isa lay uH'tlicir respective Counties into
J districts, and apportion the roads
lei bands so as to divide the labor and
IriDciisc mi account of roads, causeways,
bridges, equally throughout said
anties; all of which proceedings must
II dili-retl oil the minutes.
*42. They must cause their Clerk to
|» registered, iu a hook in his office; a
ifail public roads and road districts
lathe County, to he added to and cor-
l«eil from time to time, as new roads
rtetr districts are laid out, or old ones
ontimted.
4! On application to them for any
I h road, or alteration in an old road,
[srshall appoint three Road G'onmiis-
lers, residing as near where such road-
|;lnteude»l to pass as possible, and if
lify find it of public utility they must
pm! tc mark it out, and make their
![urt under oath to such Justices that it
I't- laid out and marked conformably to
In.
(U. If such Justices, on the investiga-
ji-ii had, arc willing to grant such road,
|i make alteration in an old road, they
Isail cause die Clerk to publish a cita-
yii for thirty days at the door of the
I in House, add in a public gazette, if
" e is one in the County, giving a par-
Jicular description of the new road, or the
|4ra:ion, notifying aft persons that on
|®i after a certain day therein named,
|®1 new road nr alteration will he final-
F granted, if no good cause is shown to
| if contrary.
1 645. All persons, their overseer’s or
|eats, residing on land which such road
3 through, except the applicants for
* road or alteration, must be at the
he time notified in writing, personally.
If by leaving it at their most notorious
nf abode, that they may put in their
lim for damages, or forever after ho
"taped.
4ti. All public roads established with-.
■ c a substantial compliance with the
hrisiuns of the last named sections, are
I 647. Applications for the discontinuance
I j an uld road, in whole or in part, must
hewise he made to such Justices in
| filing, and likewise published, before it
|-tall take effect.
| M8. All public roads shaft he laid out
| it nearest and best way to the place to
I Aiiioh they are intended, and as little as
I to he to the prejudice of any private
I -trsjn’s enclosed grounds.
I ( 49. All male inhabitants, white and
I Ji ack, in this State, between the ages of
laxtecn aud fifty years, are subject to
I fit mi the public roads, except ordain-
11‘ "r licensed ministers Of preachers of
I* gospel, professors of any college, or,
I ■»'her of any County- or- public- school-
I 'this State, so long as they are engaged
1 1,1 in teaching, and such other persons as
I E specially exempted.*" - ' w ' J
I ,J 0U. The same road hands shaft not
I ^ "impelled to work on more than one
I alie road, which must come within
I 'w miles of their-residence, except in
I 'Nng a new road, when all the road
I yMs ot the mad district are subject to
I * ,Jt k upon it.
I lj A Road hands are not required to
I ’ - exceeding five days at one time
I osecutivcly, nor more than fifteen days
I ff to gether, in twelve months, unless sud-
I jJUjnergencies require the immediate rc-
I j 6 . 11 ? 11 ? of the roads, causeways," and
within their respective districts.
f fhe several managers or employ-
• of male persons of color shaft, when-
. ^ paired, furnish the overseers of the
“Strict, with a list, in writing, of
™ arp liable to work on the pub-
tv 'ip', signed by them, tinder a penal-
. .iy faying thee dollars for each male
tii a oi co ' or ft 80 liable to road duty'
( . "hose names are not furnished, to be
’ te “ as fines for not working the
T*rf i-ft'ofseers of roads in their re-
liaiils V t C shall summon aft persons
lent t0 r ! ,a< i duty within the district, at
in, ne day before the time of work-
summons must state the
_ f 1- Such
road fn \ ““vuo uiuati nunc me
-'"tttiri r"T )r ft c d> thp time and place for
and the implements required,
the wifi,- 1 oversecr s shaft superintend
by t | 16 ( , In g °. n the roads assigned them
cause flic same to
and repaired in the best possi-
must be allowed by the Justices of the road, which is not removed in two davi
Inferior Court and paid out of the Coun- and a safe and convenient way, at the
4y 6n C . a TKey~sbAH mca^ uft^lrn^rt
of the road to .which they may be ap
pointed, beginning at the Court House,
and at the end of each mile set up a post
or mark on some conspicuous pla?e,
which shaft designate the number of
miles from thence to said Court House;
and the overseer in the next adjoining
district shall likewise begin to measure
and mark at the last mile post in the die;
taict thus measured; but when' sucK dis
trict shall end at some County, line, he.
shaft, by some post at mark,'-designate
the distance from such County line to
their respective Court Houses.
672. They shall, at the fork of each
public road, place, in some substantial
^ manner,
other mark, designating thereon the
most public place to which each road di
rects ; and if any road is altered so os to
make the fork at some other place, or as
not to make necessary such sign-boards,
they shall be removed and replaced, or
either, if necessary’.
673. If any overseer fails to comply
with the provisions of the two immedi
ately proceeding Sections, he forfeits uot
exceeding fifty dollars, to he imposed
aud collected as other fines against him.
674. If any overseer omits to. do his
duty with respect to the roads, bridges,
and causeways under his charge for as
much as thirty days from tire time the
necesity for any immediate work occurs,
unless hindered by extreme had weather
or other providential cause, he shall be
indicated for a misdemeanor, and on con
viction, shall be fined or imprisoned, at
tlie discretion of the Court, and is also
liable for aft damages at the suit of any
person injured by such omission.
675. Hands liable to road work em
ployed as laborerson the line of any rail
road of this State belonging to an incor
porated. company, or by any contractors
constructing railroads, are exempted
from work ou the public roads, provided
the public road overseer having charge
of them respectively is paid two dollars
and fifty cents per day for each hand so
liable, which, money shaft he expended in
hiring hands to work on the roads.
676. When any person shaft feel ag
grieved by any road proposed to he laid
out through any of hisland, unless other
wise provided in the character thereof,
or some special law, he may petition in
writing the Justices of the Inferior Court,
either of whom shaft direct their Clerk
to issue a warrant under his hand, di
rected to the Sheriff of the County, to
summon from the vicinage a jury of free
holder to try such question of damage,
who shall he sworn by some Justice of
the Peace to truly and impartially assess
any damage the owner will sustain by
means of such new or altered road, and
said Justice shaft preside over their de
liberations.
677. No person is competent as a ju
ror who claims any damage of the Coun
ty or person for the same or any similar
road, or who would he disqualified if the
trial was before the Superior Court.
678. The jury shaft inspect the road
aud land in person, unless already fa-
milliar with them, and swear any wit
nesses that the ower or any person on the
part of the County may offer, as to their
opinion oftlie damage sustained.
679. The Sheriff shaft notify the Jus
tice of the Peace and the Road Commis
sioners of the district where the road lies,
and the owner of the land, the day and
place of trial, and shaft notify to attend
then and there, as, witnesses any persons
he may be requested to hv such Commis
sioners, or the owner.
680. He shaft fix the time and place,
the time not less than five nor more than
twenty days, and the place as near the
laud as the proper house-room can be
obtained,
681. At the trial any ]>erson in inter-
erst may object to the impounding of
any juror for cause, aud if from this or
any other cause there are not twelve ju
rors impannelcd and sworn, the Sheriff
must proceed to procure talcs jurors.
682. The trial may be postponed or
continued from day to day until com
pleted, and if the Justice of the Peace
summoned to attend should fail to pre
side, the Sheriff must supply the vacan
cy, if necessary, from some other dis
trict.
683. If a mistrial occurs the Sheriff
shaft proceed dc noro to summon other
jurors, and aft the proceedings shaft be as
at first, and so on until there is a ver
dict.
684. The judgement iu such cases may
be eertioraried by the County or the
owner of the land, as in certiorari from
forcible entry aud detainer trials, and if
a new trial is ordered, they shaft pro
ceed to procure a trial as previously.
685. When such judgement becomes
‘final, aft the papers appertaining thereto
must he filed in the Clerk’s office of the
Inferior Court; the Justices thereof
must graut an order for the damages as
sessed in favor of the land owner, but if
such Justices are satisfied that such dam
ages transceud the utility of such road,
or that part of it, they may revoke the
road altogether, or order the same alter
ed so as to avoid the land so damaged,
or make the owner an offer of such com
pensation as they may think just.
680. .Iu estimating the value of land
when taken for public uses it is not res
tricted to its agricultural or productive
qualities, hut inquiry may he made as to
aft other legitimate purposes to which the
property could be appropriated.
687. _,,Prospective and consequential
damages resulting therefrom may be also
taken into consideration, if the same are
plain and appreciable, and ou the other
hand the increase of the value of the
land from the proposed public improve
ment may be considered, but in no ease
shaft the owner be deprived of the actual
damages by such estimated increase.
688, If any overseer, within - twelve
months after his appointment neglects
faithfully to discharge the duties requir
ed of him, he is subject to a fine not ex
ceeding fifty dollars by the Commission
ers under whom he serves, who shaft no
tify him of his neglect, and unless a good
excuse is rendered to them within twenty
days from the time of such notice they
shaft issue execution for the fine asses-
ers, and for neglect of any oftier duty.,
or violation of any of the road'laws, are
liable to fine as sueli Commissioners.
; 689. If any person shall alter any
public road or cut any ditch across, or
alter the location of any bridge, or make
any new bridge necessary by liis act,
withoutifirst obtaining an order therefor,
he is guilty of a misdemeanor, and on
conviction thereof shall be fined not less
than 'twenty-five nor, ■ more than one
thousand dollars, and shaft be liable be
sides, by suit, for all damages any per
son may sustain thereby.
690. When any person shall make
anyTenee or cut any tree, or make other
like obstructions in or across any, public
time cif the obstruCtioit, made for trav
elers’ Re shaft pay a fine of twenty dol
lars for each obstruction, t6 be recovered
by execution , issued by the Commission
ers, as'in cases of road fines,' and shall
be liable for any damages caused by the
hhstrutthm from tbe '-first rto flic last, if
the person injured .used ordinary caution.
691. And when the main , streets of an
incorporated town or city continue in a
state of neglect for three months, the Jus
tices'of the Peace therein are, by virtue
of flieri- office, Road Commissionersj and
shall Appoint overseers, apportion flic
hands that would be liable to road duly
throughout the town* have the streets
worked on, as though they were,public
roads, and must, in every v other respect,
ARTICLE H. z: '
COMMISSIOXEJES OF PUBLIC ROADS!
Sec. 692. There shall be three Com
missioners for each road district, and two.
of whom may act, and iu case there i§
only ouc in a district, that one is invest-,
ed with all the powers of the three until
the vacancies arc filled. : -j
693. Such Commissioners are appoint-
ep or re-appointed by the Justices of the
Inferior Court, biennially at their first
meeting of the years of the appointments,
and, whenever necessary, to fill vacancies
at any time.. • a
694. Those thus appointed are com
pelled to serve, unless excused by such
Justices, who shall receive for such ex-,
cure providential cause only.
.695. As soon as appointed, they shall
be notified thereof in writing within ten
days thereafter by the Clerk of the Infe
rior Court, and if such appointees do not
within ten days after receiving such no
tice, file their excuse in writing, under
oath, in such Clerk’s office, they shall be
considered as having accepted. , j
696. If a Clerk fails to give such no
tice, he is guilty of a contempt, and shall
be by such Justices fined twenty dollars
for each neglect.
697. Such Commissioners, while iu of
fice, are exempt from all jury, patrol,
militia, aud other road duty.
698. It is their duty—
1. To appoint, within fifteen days, one
or more persons in their respective dis
tricts as overseers of the road.
2. To apportion the roads and hands
under their charge at the same time as
equally aud fairly as possible, and to fur
nish the several overseers with a list of
the roads aud hands uuder their respec
tive charge.
3. To hear ami determine upon aft ca
ses of default or other violation of the
road laws within their jurisdiction if not
indictable only at a Court to be held by
them twenty days after every road work
ing, or as often as emergencies may re
quire, and to issue executions or other
process against the covicted.
4. To keep a book in which to cuter—
First. The several hands in their re
spective districts subject to road duty; to
what roads and what parts thereof as
signed, aud under what overseer; chang
ing and correcting it from time to time,
as may be necessary.
Second. A list of aft defaulters and
persons fined, the amounts fined,amounts
paid, what disposition made of the mon
ey, what executions issued and unpaid.
5. To pay to the County Treasurer, as
soon as collected, that portion of the fine
money belonging to the County, to he
used in die repairing or building of pub
lic bridges aud causeways, and annually,
on the first of December, to report to the
Justices of the Inferior Court the condi
tion of the public roads and bridges in
their respective districts, die state of die
financies, what executions are outstand
ing unpaid, and their condition.
6. To inspect, from time to time, the
public roads, bridges, and ferries within
their districts, notice the character of the
repairs, and observe if such road is regu
larly posted and direction boards put up
as required by law, and if said bridges
and ferries are in proper jepair.
7. To exercise a general sujiervision
over their respective overseers, and to
fine them for neglect of duty, and to see
that poisons arc indicted for the offenses
set forth in the road laws.
To administer aft oaths, relative to
the road laws, connected with their du
ties.
699. Iu making up the list of road
workers, they must not include the fol
lowing description of persons, who are ex
empt from such duty—viz: Licensed
ministers, teachers and students of col
leges and schools, keepers of public grist
mills, public ferrymen, keepers of toft
bridges, turnpikes, causeways, and plank
roads, engineers and white persons in
charge of cars or trains running on rail
roads, officers of the United States, this
State, or any County threof, and all oth
ers exempted by any special law.
700. They arc authorized to pay over
seers one-half of the fine money as com
pensation to him as informer.
701. Whenever the Grand Jury in
any County in this State shall present
any Road Commissioners for neglect of
duty geuerully, or iu any particular, it
shaft thereupon be the duty of the Clerk
of the Court .to issue a summons in writing,
directed to such Commissioners, com
manding them to be and appear at the
next term of the Superior Court in which
the presentment is made, to answer the
accusation of the Grand Jury, which
said summons shaft be served by the
Sheriff upon the Commissioners at least
twenty days before the Court to which
the same is returnable; and if, upon the
investigation of the case, it shall appear
that the accusation is made out by the
proof, the Judge shall thereupon impose
upon such Commissioners a fine of not
less than fifty dollars nor more than two
hundred dollars.
702. If tliey have been duly cited and
served, and fail to appear, the Court
may proceed ex parte.
703. The Clerk oftheCpiirt is direct
ed to issue execution against them for the
fine and costs, which shall be; execu
ted by ‘the Sheriff. The lien of such exe
cutions, and the property subject thereto,
are the same as those against defaulting
road worker?.
704 When any public road may, be
on a road district line, and the Justices'of
the Inferior Court have not specially as
signed it to any particular district or 7 set
of Commissioners, tlie Commissioners of
each district ssliall co-operate in arrang
ing the hands and appointing the oyer-
seers for such .road. :
705. The books such 1 Commissioners
are'required to keep must he furnished by
the* Justices of the Inferior Court at the
expense of the County, and out of the
road money, if any, and wheii 'Ml must
be deposited in the office of the'’’Clerk of
fhe ; Inferior Quirt. “ '
706. ' Aftefthe Commissioner hasfaith- stream,
‘fully served ftirougb the term of his ap
pointment. he may obtain 1 from the Cleric'
.of the Inferior Court a certificate of such
fact.
which are free to eyeiy one.
| 2. Those estaldi^hed by the County
ivhere'toll is charged generally orspeei-
fR&fCHb V w v:V. •. fi-
3. Those established, by individuals
under the authority of law or by virtue
if a prescriptiye right.'
4. Those established by individuals
without such rights, who accommodate
tlie public.or any .portion of them for
compensation., £ ........ ... .
! 709. The Justices of the Inferior
Court may put a feny .or causeway, or
both, or may establish a toll .bridge : for
tlie benefit of ;the County;; but when on
any such County bridge, ferry, or cause-
wayv-toll i^. charged, die County is liable
as individuals owning them, and the own
ers of lands, must be compensated as in
Other cases. yj.
: 710. Tjie jjustices -iof rtbe .Inferior
Court of tlie several Counties have au
thority^ . . .. j-,, . *; .
1. To appoint die places for the , erecr
tion of public bridges, County, ferries,
turnpikes,, and causeways, and to : make
suitable provision for their erecticm anid
repairs by letting them out to the-. lowest
bidder, taring hands, jw in any other
tfay that may lie for the public good and
agreeable to law. . ■ , —
2. To require sufficient bond and good
security for the faithful performance of
all .such woihs and contracts, and to in
demnify for all damages occasioned by a
fnilureso to do,;, .. _, v .. ..
3. To license any person to establish
such bridge, ferry, turnpike, or causeway,
not exceeding ten years, which may be
renewed at the expiradon thereof!
i 4. To fix the rates of toft for -crossing
any such where the toll can lawfully be
charged, and regulate those previously
cstablisned or that may afterwards be
established, so as to conform to what is
both resonablc and usage on such water
courses, provided such charges are not
specially regulated by the General As
sembly in some act of incorporation to the
exclusion of such Justices.
5. To exertise_g general supervision
oyer such, and see .that they are kept in
proper order and properly attended to,
and to require from time to time, as the
occasion may demand, sufficient bond
and good security from the proprietors
thereof, coudidoued for their keeping in
repair a sufficient and safe bridge, flat
rope, turnpike, or causeway, and aft
other appointments nccessrry for a good
ferry and competent and faithful atten
dance by day and night, and to indemni
fy the public against all damages by rea
son of a failure so to do.
71 j. When a public bridge, ferry,
turnpike, or causeway, is let out, the
contractor musf, in his bond, make a
condition also to keep it in good repair
for at least seven years, and as many
more years as the contract may be for.
712. All bonds taken from contract- 1
ors or proprietors must be approved by
the Justices of the Inferior Court, filed in
tne office of the Clerk of the Inferior
Court, and by him recorded in books
kept for that purpose.
713. If when an additional bond is
required, it is’ not given within ten days
from the time the proprietor, or his agent
s notified by the Clerk of the Inferior
Court, the license must be revoked.
714. AVlien any such work shall re
quire repairing, it is the duty of any one
or moro Road Commissioners in whore
road district the same is, to give notice
in w riting to the contractor, or one of
his sureties, stating the repairs necessary
to be made, and requiring them to lie
done within a reasonable time, stating the
time.
715. If such repairs are hot made
within tho time required, they shall em
ploy some other person forthwith to
make them, and upon report to the
Clerk of-the Inferior Court of their cost,
he shall issue an execution against such
contractor aud his sureties for the ex
pense of such repairs and the costs.
716. If the defendant resists tlie pay
ment of said execution at law, it must be
returned for trial by jury, if demanded,
either to the Justices’ Court of the dis
trict where the defendant resides upon
whose property the levy is made, or to
the Superior Court of tlie Count)’, ac
cording to the principal amount thereof.
717. Persons who have undertaken
the building or keeping iu repair any
bridge, ferry, turnpike, or causeway, or
are surety for such persons, can not be
Road . Commissioners of the road district
which embraces such, and if, after hav-
ing been appointed, they become such
contractor or surety, the Justices of the
Inferior Court must declare a vacancy
and appoint some qtiier_persons in their
stead. . , ' /.iqui
718. When a bridgnnt ferry is neces
sary over any .water course which divides
one County or mort Counties from each
oilier, each County must contribute equal
ly toward the building and keeping the
same in repair, or in such proportion as
would he just, taken into consideration
the taxable property' : of each, and the
amount expended by each in ' the con
struction of bridges and other passways.
719. If any (Shinty refuses to undergo
its fair proportion of sncn expenses, the
dtlibr Cduitty or Cdiinties m'ay ‘ construct
fbeAvork, compel tlie other to contribute
by suit; and uutil such, contribution takes
place*majrtih*.¥ft exclpshte (.control there
of, and charge tojl thereon against aft
ARTICLE
BRIDGES, FERRIES, TURNPIKES, AN’ft
' r* " CACSEWATS.
SEd f , 707. AirMflges or ferries, turn
pikes dr causeways,erected or permitted by
any act bf!lhe General Assembly, if-'not
othMwise^provided, '.or by otflaTbrtijr
Justices of the Inferior. Court, forj puldn
purposes, are"declared ,to ; be public, .'
TOSTxlieyare divided— V■■
watefecotirsefeniitliing Cotmty 'lutes, may
bq licensed by either- County, and in
such cqses the bqnds;must be approved,
filed, and recorded in tlie County where
the license is granted. ,
’ 72!h’No private’ ferry charging toft
fdudl -be established- on *ny water : course
within three miles of where public bridg
es are previously erected ,and . kept up,
but bridges .may. be erected at' the public
expense at places on fhe same stream,'
other than those whCTfe’bridges r tWS ? prb'
vipusly erected, if not violative of any
^peciaji provision of the law. s)c ,. U
.72% .^Fhen. exclusive right,is. granted
to any person to prevent."others from
erecting bridges ‘or1efri&7' or the -like,
Within a given distance from the same,
it shall be CofflUnteff Wtt course of the
^•tfenm ' Ul “ r " “'rnUT iiaannoii
. ;723., I!y<*y. proprietor,pf bridgee, fer
ries, turnpikes, and causeways, where
must lix a
, as near the
black ground,
mmm rates of
he shaft
- co
llects, '
•■"iii
same stream,
none other, the customary grates
over such streams elsewhere,
"725. If such person shall demand ex
cessive rates, any person may complain
to the Justices of the Inferior Court of
the County, and if the rates are excessive
they must reduce and fix them.
726. The Justices of the Inferior
Court of each County must once each
year examine the rates charged in their
Counties; and keep fixed tlie rates of toll
for the several bridges, ferries, turnpikes,
iud causeways within the limits of their
County, which have the right to charge
them, and must enter the same on their
minutes.
727. If any person shaft charge more
than the lawful rates, or more than
dicated by the board, he is guilty of a
misdemeanor, and on conviction must be
fined in the -discretion of the Court, and
for the secomil offense, in addition to the
fine, die forfeits his franchise,
i .728.' No person authorized to have
^riilge v or ferry on his own land will be
permitted to stop up or obstruct any ford,
bridge, or ferry, and upon so doing he
is guilty of a misdemeanor, and on con
viction must be fined or imprisoned, or
both, in the discretion of tlie Court.
729. After a person has once estab
lished such bridge or ferry, he shaft not
discontinue the same without first giving
public notice thereof by advertisement
posted on the Court House door and in
a public gazette, if there is one published
in the County, for at least sixty days.
I 730. Any proprietor of any bridge,
ferry, turnpike, or causeway, whether by
charter or prescription, or without, or
whether by right of owning the lands on
the stream, are bound to prompt and
faithful attention to all their duties as
such; aud if any damage shall occur by
reason of non-attendance, neglect, care
lessness, or bad conduct, he is bound for
all damages, even if over and beyond
the amount of any bond that may be
given.
731. The provisions of the proceeding
Section apply to aft contractors for the
establishment of such, when damages
accrue from a want of good faith in per
forming their several contracts, and if
no bond or sufficient guarantee has been
taken by the Justices of the Inferior
.Court, the County is also liable for the
damages.
732. Any person unreasonably detain
ed at a public ferry, toll bridge, turn
pike, or causeway, may for each deten
tion recover of the owner ten dollars be
fore any-Justice of the County.
733. If any person demands or re
ceives toll for crossing any ferry, bridge,
or causeway, or turnpike, after the revo
cation of his license or forfeiture of his
charter, or having a right for a ferry,
allows the banks on either side to be out
of repair for more tlian five days at any
one time, or to provide good and sate
boats of a size sufficient for the accom
modation of the public, furnished with
competent and sufficient ferrymen for
the safe and speedy passage of all per
sons, vehicles, horses, and stock, or in
case of a toft bridge or causeway, fails to
keep the same in good repair, without
a reasonable excuse for such failures, to
be determined by the Court, he is guilty
of a misdemeanor, and on conviction
must be fined not less than twenty dol
lars.
734. If any person who keeps a pri
vate bridge, ferry, turnpike, or cause
way, passes any person for toft, the own
ers incur the same liability and penal
ties as those permitted by law.
735. If any person break or injure
any gate to a toll bridge, turnpike, or
causeway, or obstruct injure, or destroy
such bridge or causeway, pass round or
under the same with intent to avoid the
payment of toft, such person forfeits to
the owner ten dollars for each of such
acts, and is also liable for the damages.
73G. Damages for the right of way
are to be assessed in the manner pre
scribed for public roads aud private
ways.
737. Grants to land on water courses
with the appurtenances, convey no right
of public bridge or ferry.
738. Tlie grant of a ferry franchise
conveys no right to build a bridge, or the
contrary.
739. In determining the value of land
taken for a bridge, its prospective value
as a bridge site and its present value as a
ferry, if one 1s in ure, may be taken into
the calculation.
ARTICLE IV.
RAILROAD AND OTHER CROSSINGS.
Sec. 740. AH railroad companies shaft
keep ingoodorderattheirexpense the pub
lic roads or private ways established
pursuant to law, where crossed by their
several roads, and build suitable bridges
add make proper excavations or embank
ments, according to the spirit of the
road laws.
741. Sncli crossings include the width
of land on both sides of the road allow
ed by charter or appropriated. by the
Company therefor, and for as many feet
beyond, each way, os is necessary for a
traveler to get on and off the crossing
safely and conveniently.
742. There must be fixed on the line
of said roads, and at the distance of four
hundred yards from the center of each
of such road crossings, ant] on each side
thereof, a post, and the engineer shall
he required, whenever he shall arrive at
cither of said posts, to blow the whistle
of the locamotive until it arrives at the
public road, and to simultaneously check,
and keep checking, the speed thereof, so
os to stop in time should any person or
thing.be crossing said track on said road.
743. Should any company fail or neg
lect to put up said posts the superinten
dent thereof shall be guilty of a misde
meanor, and upon indictment and con
viction thereof in the County where such
failure occurs, shall be subject to a fine
of not less than, five hundred dollars nor
more than one thousand dollars.
744. If any engineer neglects to blow
said whistle, as required, and to check
the speed as required in Section 742; he
is guilty of a misdemeanor, and on in-
dictment and conviction in the County
where such .failure occurs, he shall' be
punished by fine not exceeding five hun
dred dollars, and imprisoned not exceed
ing ninety days, or either, which the com
pany by whom he is employed is bound
t° Bay- . . .
745. When such injury occurs, the
onus js upon the company to prove such
fault on the part of the injured persons.
746. Such suits may be located in the.
unity where the injury occurs, and ser-
, vice, perfected as in case for killing
be the 1 sto^k,- . : ... .. . 1
■ 747. When any road over which a
crossing is required shall he obstructed,
or not in good order at such crossing, a
Road Commissioner or an overseer of
the road district ^wfiere! the crossing is,
must notify the nearest agent or employee
of the company, in writing, to remove
such obstructions, or to put such crossing
in proper order within thirty days, from
the date of such notice.
748. If such requisition is not complied
with, it must be done by the overseer of
the road, aud within live days after' he
shall have discharged such duty, he must
report uuder oath, in writing to tlie
Commissioners of the district, the amount
and value of the services performed.
749. The Commissioners shall then
issue execution, under their hauds and
seal, directed to any lawful officer, for
the amount of such value and the costs
of the proceeding against such default
ing railroad company, as in case ofother
road defaulters.
750. The amount, when collected
must be paid to the persons who perform
ed the labor, pro rate, and according to
the labor performed by each, and for
Other expenses of said work, ifany.
751. The defendants may defend them
selves from such fi. fas. as other delimit
ing road-workers may.
752. The provisions of this article are,
so far as applicable extended to any
plank, macadamized, turnpike, or other
road, belonging to private individuals
or a joint stock company.
753. Public highways, bridges, or fer
ries, can not be appropriated to railroads,
plank roads, or any other species of road
unless express authority is granted by
some constitutional provision in their
charters.
ARTICLE V.
PRIVATE WAYS.
Sec. 754. The Justices of the Inferior
Court have authority to grant private
ways to individuals to . go from and re
turn to their farms or places of residence.
755. They must not exceed fifteen feet
in width, and must be kept open and in
repairby the persons on whose applica
tion they arc established, and may be as
much less as the applicant may "choose.
756. Any person desiring such passway
over the land of another, must petition
the Justices or the Inferior Court, setting
forth particularly the distance and di
rection of such road, over whose land it
is to go, through what improvements, if
any, and their nature, and the special
purpose for which it is desired.
758. After aft persons overwhose land
said passway is to be made shaft have
had twenty days’ notice, in writing, of
such application, and such Justices shall
be satisfied such applicant is entitled to
the same, they shall appoint five com
missioners, who shall be disinterested
persons, any three or five of whom may
act, to view and lay out such road, so os
to do the least possible damage and in
convenience to the land-owners, who shall
make their report within thirty days
from their appointment. They shall
make out their report in writing, and
furnish all the parties in interest with
copies thereof; and if either party is
dissatisfied with such report, by giving
the other five days’ notice in writing, he
may take an appeal to the Justices of the
Inferior Court, who after having all the
evidence, pro and con, may confirm said
report or alter the same, which when
done, shaft be final.
758. If the person then, over whose
land the passway is, conceives that he
will be damaged thereby, he may proceed
to have the damages assessed in the same
manner that damages are asssessep in
case of public roads, and the applicant
thereof stands in the place of the County
and Rond Commissioners.
759. After the damages are thus as
sessed, the person who has them to pay
may decline to open the same, but he is
bound for the costs of all the proceed
ings, whether he uses the passway or not,
for wliich the Cierk of the Inferior
Court may issue on execution; and in all
coses the damages must be paid before
the way is opened.
760. Private ways maybe established
by an agreement in writing of all parties
concerned, in which may be stipulated
any damages, which must be spread on
the road book ofthe County, and when so
done, has the same effect as though e>
tablishcd by the forms of law.
761. When a private way becomes
established, it must be entered on and
fully described in the road book, and the
owner thereof is entitled to be protected
in the use of the same as to public roads.
762. Several land owners may join to
gether in opening a private way, or in
seeping it -up afterwards, or both; and
when so done and entered on the road
book, the duties and privileges extend to
vendees of the same real estate.
763. When several so join, they may
apportion the road for work among them
selves, or work it under the road laws,
selecting one of their number as Road
Commissioners, whose powers are the
same touching such road and the hands
thereof as the three Road Commissioners
of the district
764. If a private way is established
over the wild lands of » person who ..has
no notice of the proceeding, as soon as. he
does have such notice, and within six
months thereafter, he may proceed to
have his damages assessed against all
persons who are Jand.owners and are in
the habitual useofsuch private way ( and
notafterV! . ' ’
765. When a person has laid out a pri
vate way, and has been in: the use and
enjoyment of it as much.as seven years,,
of which the owners have had six month’s
knowledge, without moving for damages,
his right to use becomes complete, and
such owners are barred of damages.
766. When a road has been used as a
private way for as much as one year, an
owner of land over which it passes can
not close it tip without first giving the
common users of the. way thirty days’ no
tice in writing, that they may - take steps
to have it made permanent.
767. When a private way is established
over the land of another for the purpose of
hauling wood, or timber, or other com
modity, to any place of landing whereat
the businass of rafting or ahipping is car
ried on, or to any railroad depot, it shall
not extend jto the use of any landing
erected by a person for his own benefit.
share, in working
connection with
ivate way is one
ie power of the Ju
iurt to declare it»i
of sufficient!
■ numberof-]
it can andv
as is their proper
some alone or in
it public roods.
ALONE BY’ TI
»t Louis ciuna 1
IIo is gone, O my heart, he I
And the sea remains’, and thi
A to it the ikifij flit 'in and eat,
And the white-winged yachts
And the wares ran parple and g
- And the sunshine glints and. t
Anil freshly across the hsy
The breath of morning blow;
I liked it better lost night.
When the daik shut own on the main,’
And the phantom fleet lay still,
And I heard the wans complain.
r’or the sadness that dwells in my hear*,
And the rase of their endless woe,.
Their lunging, and void and dispair.
Kept time in their ebb and flow.
Sinking of the Orange Country of Florida.
Washington’, D. C„ Sept 18, 1871.
Information has been received here from
Palm ka, Fla., to the effect that a large por
tion of the orange country has been changed;
into a lake, and that
nooses AND PEOri.E HAVE BEEN ENGULFED.
The gentlman furnishing the information
stat- s that while on his way from Orlando to
Miliunville, on horseback, he noticed that his
horse commenced bogringand as he proceeded,
from the sounds heard in the rear, he became
alarmed. The bogging grew worse as he
progressed, uatLll he had to dismount The
rounds in his rear increased more and more,
and became more and more alarming and the
route in front more boggy. At last, after
great exertions, both lieand his horse reached
solid ground. Turning to examine into the
caase of those-fearful sound- in his rear he
saw the most
TEB&IFIC AND APPALLING SIGHTS.
Tho first thing that attracted attention
was that the trees were moving, first a girato-
ry motion of the lop, then some sinking grad
ually oat of sight, the tups revolting more
and more rapidly as it sunk and disappeared,
others following, and as they fell revolving
and describing ares of a circle against the
sky. Then the whole earth, as far as the eve
could reach, sinking and its place supplied by
A SEA OF WATERS.
rnsbing, seething, boiling, with the noise of
mighty cataraets, casting to the surface the
roots, tops or bodies of pines and oak. .
It is well known that a large portion of
Florida is of eomparitively recent formation;
that it has for a basis coral and cotton rock;
that many of the rivers and lakes have sub
terranean channels and outlets, and that
there are many what are called lime sinks.”
The late heavy and loDg continued rains, by
which the earth has been thoroughly satura
ted and the subterranean channels swollen,
are calculated to produce subterranean
changes. It is not impossible nor improb
able that there is truth in the story.
THE CHOLERA.
Its Line of Bareh.
by a person lor- -bis own benefit.
If, however there should be but
one bluff or place of landing, - the-' owner
can not appropriate such to himfldf exclu
sively if he will notbo damaged, by the
admission of others to its use, or if dam
aged, he is properly compensated therefor;
butno person shall be entitled to Use the
wood-slide or other improvement’ erected
for one’s own use, nor timber landing,
whitebots uringit. :V
769. When the applicant for a private'
also to nse another’s landing,
' 770. IfaprivatewaT is established and
there iean omission to have considered the
damages for using such, itmay be done
afterwards if within a reasonable time.
The cholera continues to rage in Europe
notwithstanding the reports that have reach-,
ed os to the contrary. A cable dispatch
from London, a few days ago, states th’at
is has not abated, and" that tie cases in
Russia alone number ooe hundred and fifty
a day. Another dispatch is singularly
corroborative of t'lis statement and gives
an account of its ravages on board an
American vessel. The ship Lovell had ar
rived at Cardiff from Hamburg,and when
the dispatch boat boarded her it was found
that four of hci crew had died from cholera
since the ti.ne of her leaving Hamburg. If
such a bavoc on ild be made in a few days,
it is reasonable to suppose that had she
been out at sea for two weeks the vessel
wrnld have bpeo cleared ofber entire crew,
Hamburg has considerable business with
New York, through the North German
steamers, and perhaps tl is information will
be of service to the Health Officer ol that
port.
From the British Medical Journal we get
the followirg article on the line of march
of this disease up to the present time. The
Journal says :
It is extremely i nportant at this moment
to trace course of the Asiatic cholera dur
ing the last year, and 10 define its line of
march up to this time. It is full ot in
struction, and not without elements of
promise. Dr. Fanval, one of the most
competent authorities, has analyzed the
official documents, and his conclusions are
worth looting. It was in 1870 that the
alarm was given at Constantinople of the
outorcak of cholera at Taganrog 00 the
Sea of Azof, and at Rostoff on the Don-
Soon the principal citiss of the Russian
coast of the Black Sea were attacked in the
course of the month of Augu-l—Kericb,
lierdiunsk, Theodosia, Odessa, and even
Poti. whence the disease propagated itself
into the interior of the Caucasian provin
ces. As usual, the rapid propagation along
the Russian coast coincided with the ar
rival (*>y steam ship) or travelers starting
from the inserted points. There was no
mistaking that it was an epidemic of Asiat
ic eholera, coming from the iutefior of
Russia with the movement produced by
the transport of grain to the point of em
barkation. This epidemic. was otherwise
remarkable for the slightness of its iutec-
sity; that is for the small number of at
tacks. At the end <-f September it was
everywhere on tnedecliDe and subaeqfient-
ly died cat along the coast. An impor
tant fart to be observed in regard to this
epidemic is that, thunks to the measures
of quarantine enforced by the Ottoman
sanitary authorities, the' Turkish roast Was
completely saved from the disease, in spite
of t ’e numerous arrivals from the infected
ports. Thus from the 2d of Augost, to the
21st of September not fewer than seven
hundred ships—among which were several
having cholera on board—were submitted
to quarantine at the mouth <4 the Bos
phorus. Whence ~dH epidemic contc ?,The
first edca which occurs is that' this • was
simply an extension of the malady which
reigned at the commencement of (fie year
in the .Province of Central Russia; and was
propagated. ,io the Sooth with the commer.
cial moTenfent nbove mentioned.
At Constantinople another opinion is en
tertained. Thty have.the ennviabn, baaed !
on documents, tie value of which is not
yet ascertained by Continental authorities,
that this epidemic and even (hat ofthe
close oL 18(59, was duetto Persian- imports
tion. The disease is declar d to bare brok
en . put at Nijoi Novgorod at tlie
time of the Fair, and with the arrival of
the Persian' merchants. This question is
one Which, as Dr. Fauvhl points out, is of
great European importance. If, as the
prevalent opinion runs, the actual epidemic
be only a sequoLCe of the importation of
1865, a recrudescence such as is often ob
served To imperfectly exlinghiohed feci of
disease, this epidemic is distinguifhed from ’
those which proceeds it in its'eonrse of in-
vasiun, and would tend to prove that chol
era has found, in Russia conditions favora
ble to its gentsis, acclimatization. If, on
the other hand, the existing epidemic have
for its origin a Persian Import otionVit falls
then under the -ordinary rate of ’epidemics 1 f
of cholera due to a reimportation «f the dis-
. Ttm V « qWfltion ,vrhieb>" it behooves .
the sanitary administration to solve. 1 '
. One by one <Jur vacant store robins are be
ing taken and filled up. Tbcre is now scarce
ly one to be hail. This speaks well for the
basraessidfihe’eity. • • • - r -” 1
Air. Lester, wilhopen in a few days, a fur-
hitnrie and crockery store in the Shorter
Block, wu wish him suecess.
