Newspapers / Brevard News (Brevard, N.C.) / May 7, 1909, edition 1 / Page 1
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\ We 1 full vhen Isto ited. 48« ti.'llXllyr flce. >n the a rod ih barbs> . $4.00— . Come* le fence. C le the S. C ■ '■■' C'' ONLY IfEWraPAPER IN TRANSYLVANIft COUNTY ^ ^ T ^ . J, d. MlltES, OWNER AND AANACER -A. HOME E’OR IIO]V£E I^i©3PI^-rAIiL MOME PmiSFT' *• V0LUME»X1V ■ BREVARD, NORTH C0OL1NA, Miy 7,1909 RUMBER*19 PUBLIC ROAD LAW -FOR- Transylvania; Cbnnty ACT To Provide a Better System for Working aiid Mantaining the Public Roads in Transylvania County: The General Assembly of Nprtfi Carolina do enact: Sectiok 1. That the Roads and Ways of Transylvania connty for the purposes of this act shall be as hereinafter provided, divided into Pablic Roads and Cartways, and. for the proper construction, im~ $trovement and maintenance of the Public Roads of said, county, the board of Commissioners thereof shall levy an annual tax, as herein after jJrovided, and the said board of Commissioners shall, on the first Monday in April, one thousand nine hundred and nine, appoint a board of road, trustees for each township in said county, which board shall be composed, of three good and law ful men, resident of such township. The term of office of the first road trustee shall be six years, the sec ond four years and the thirdl two years, and one successor of one trustee shall be appointed for each of said townships in April, one thousand nine hundred and eleven, by said board Of Commissioners, and annually thereafter, for the term of two years ; and that in the event of a vacancy occurring in any of said..boards of road trustees, by death, resignation removal from the township, or otherwise, the said Commissioijiers shall appoint his successors to fill the unexpired term. The said trustees are incor- ]^rated the Board of Trustees of said township, fl-nd. the; fiame shall be their incorporate name. Sec. 2. That the road trustee^ for each of said townships shall mceb on the first Saturday in May, one thousand nine hundred and' nine, and annually thereafter, and organize by electing one of their number chairman, one secretary and one treasurer, or if thev shall d.eem it advisable they may elect one of their number secretary-treas urer, and he shall forthwith report to the Commissioners of said coun ty, in writing, a list of the officers thus elected, which report shall be kept on file in the registers office of said county; that the trustees for the purpose of performing the du ties herein required of them, shall meet semi-annually and oftener, if in their judgment they shall deem it necessary, for the proper trans action of the duties herein imposed, and their secretary shall keep a record of all their meetings and proceedings; that the treasurer of said road trustees shall enter into a good and sufficient bond, to be ap proved by the other members of said board of road trustees, payabj^ to the state of North Carolina, in trust for each township, in not less than the sum of one hundred dol lars, and in no case less than d.oulDle the tax levied for road pur poses under this act for such town ship for such year, which bond shall forthwith be returned to and filed in the office of the register of deeds, of said county ; that said bond shall be conditioned that said treasurer of said board of road trustees shall faithfully, well and truly perform all duties, acts and things required of him under this act to be done and performed, and ' he and his sureties upon such bond shall be liable thereon for any de fault of the treasurer to do and perform any duty or duties re quired of him under this act; that the said road trustees, in their cor porate name aforesaid, shall have the right to sue and be sued, plead and & impleaded' in any of the courts of this state'; that the said road trustees shall be exempt from the number of days labor herein after required in this act, upon the public roads of their township, and thall be entitied to such compensa tion as is hereinafter named. Sec.' 3. That it shall.be the duty of the road trustees to examine into the condition of the public roads of their respective townships at least twice in each year, and make a report in duplicate on the condition of said public roads, and present one copy of said report to the board of Commissioners of said coun^ at their May and November meeting, and in addition thereto the said road trustees shall forth with file one copy qf said report with the clerk of the superior cotirt of said county for the use of the soUcitor, with such instruction and ^^commendation as they may deem proper; tliat the said road trustees shall have the right, upon petition of the^ citizens of their township, or without such petition if they shall deem it best for the interest of the traveling public, to lay out, alter or discontinue public roads that are wholly withip their town ship, or when such proposed new road, alteration or discontinuance is wholly within their township, I with as little injury to <the lands through which the same passes as may be consistent with the best in terest of the traveling public, and the said road trustees, taking into consideration the advantages and disadvantages to the owner of the land through which these roads thus altered or laid out pass, shall assess thfe damages, if any caused thereby, and such damages thus assessed shall be deemed a charge against the county, and the said road trustees shall make a certifi cate of such damages showing tor what allowed, the amount and to whom payable, which certificate shall be forthwith filed with the board of commissioners of said county and unless it shall appear to said commissfoners that the damages are exorbitant and unjust, shall be allowed by them. That any person or persons aggrieved by the action of the road trustees in laying out, altering or discontinu ing any public road as aforesaid as allowed for the amount damages allowed for laying out any new road or altering an old road as aforesaid, may, upon giving bond, with sufficient justified surety to be approved by the road trustees, in not less than the sum of one hundred dollars, and conditioned for the payment of all costs which may be adjudged against him or them by reason of such appeal, ap pealed to the board of commission ers of said county: Provided, no tice of appeal be given to the said road trustees by the party or par ties aggrieved within ten days after the act complained of. That the said Commissioners shall hear and determine such appeal, and if the same be against the appellant, it shall be their duty to enter judg ment against the appellant and his sureties for the cost of the appeal, with all the force and effect of a judgment in the superior court: Provided, that any party or parties aggrieved by the action of the Commissioners in such matter may appeal to the superior court of said county in the manner set forth in the next succeeding section S^c. 4. That when it is desired to lay out a new road or alter or discontinue any pnblic road or roads extending into two or more townships, the right to do the same shall be in the county Commission ers and shall be done subject to and as is provided for in chapter sixty-five, volume one of Revisal of one thousand:^ nine hundred and five ; Provided, that posting notice of the petition at the court house door for thirty days, and' at some public place in each township through any part of, which sajd road passes, for twenty days prior to the hearing for said petiton, shall be sufficient for the notices required in section two thousand six hundred and eighty-four of said Revisal; Provided further, that any person or persons desiring to appeal to the superior court from the order of board of Commission ers shall first give bond with ap proved security in not less t^an the sum of one hundred dollars conditioned to pay all such costs as may be adjudged against him or them by reason of such appeal. Sec. 5 That all roiEuis, when laid out for construction or amendment under the provisions of the pre ceding sections shall, by reason of this act, be deemed divided so that the road trustees of each township shall have control of so much there of as lies wholly within their town- shipr and all publia roads laid out or amen(led under s^tions three and fonr-of this act ,shall be con structed as is in this, act provided for' the construction and mainte nance of the public roads; Provi ded, that no person shall be requir ed to go out of his towBj^hip to help in working or constructing any road. Sec. 6. That the ro^d trustees of the several townships of said coun ty shall, on the first Monday of May, one thousand nine hundred and nine, or within tel55days there after, divide their res^J^ive town ships into suitable rf3^d districts, and on the first - Mpnda,5^ in March, one thousand nine h^dred and ten, and annually the?&fter, maks such alteration as they may deem proper, and cause a brief descrip tion tiiereof to be made on the township records, also to furnish each suj^ervisor with a description of his road districts. That the road trustees of each towj^hip at the meeting at which they divide their township into road districts, as aforesaid, and annually thereafter, shall elect one supervisor for their township who sh^l have charge of the several road districts therein ; but if in their judgment they should consider it best suited to the conditions in their to vvnship they may elect more than one sux>ervi- sor, and assign to each the districts which he shall have charge of un der the provisions of this act; that the road trustees shall cause each supervisor to enter into a bond in not less than the sum of one hun dred dollars, executed to the state of North Carolina in trust for said township, with sufficient surety, to be approved jby the road trustees for such township. That the road trustees shall have general power and control over the public roads in their townships, and shall confer with and may, direct the supervi sors as to the best methods of con- structing^ mantatning and _perma- nently ^blic roads: that in case of a vacancy ^n the of fice of supervisor, occurring by death, resignation, removal or oth erwise, the road trustees shall ap point his successor for the unex- pircd term, and may at any time, when they shall deem it for the best interest of the public roads of their township, remove any super visor from office and appoint his successor. Sec. 7. That each supervisor, before entering upon the duties of his office, shall take an oath faith fully and impartially to discharge the duties of s^d office, and shall make and execute bond with ap proved surety, such as may be re quired of him as aforesaid by the road trustees, and shall, at each semi-annual meeting of the road trustees, and oftejier if directed by them, make a report of the condi tion of the ro^ds under his charge, the character and extent of the work he has done on the same, the number of persons subject to road duty as defined in section nine of this act in each road district under his charge, and the number of days work by each of said persons, the name of each person who has paid cash in lieu of services and the amount of cash paid by each, the full amount of receipts and the amount and manner of all expend itures during said semi-annual pe riod, the number of days worked by him on the roads of his district, and the number of hands worked each day, and the number of judg ments, fines and penalties taken by him under this act, against whom and the amoimts due thereon if any, and all such other matters as the road trustees may require of him appertaining to his duties or relating to the condition of his road. Sec. 8. That it shall be the duty of each and every supervisor', sub ject to such directions as the road trustees may deem proper to make as to the manner of doing the same, to open or cause to. be oxtened all public roads which shall have been or may hereafter be laid out and established in his road district, the same to ^eep in repair, and remove or cause to be removed all the ol> structions that may from time to time be fouUd thereon, for which purposes the supervisors are hereby authorized to enter upon any lands not encumbered by crops near to or adjoining such roads, to cut and carry awa'y timber, except trees or groves on imp^v^. land, plantec. or left for omalnent or shiide; ^ to dig, or cause to be dug and carriec. away any gravel, sand, clay, marl or stone which may be necessary to make, improve or repair said road, and to enter on any lands adjoining or lying near - the . road to make such drains or ditches through the same as he may deem necessai^ for the benefits of the roads, doing as little injury to said lands and im provements thereon and timber as the nature of the case and public good will permit ;>and the drains or ditches so made shall be conducted to the nearest water-course, ditch or drain, and shall be kept open by the supervisors, and ^shall not be obstructed by the owhers or occu pier of said land, or any person or persons having the same in charge. Under the penalty of forfeiting the sum hot exceieding ten dollars for each and eVery offence, to be col lected by the supervisor and paid oyer by him to the road trustee and applied to the road fund of said township. And if the supervisor shall wilfully injure any cultivated or improved land by failure to con duct said drains and ditches to the nearest waterway, ditch or drain, and keep said drains and ditches in repair, he shall be guilty of a mis demeanor. Sec. 9. That all able-bodied male versons and all male persons able K) perform the labor herein re quired, between the ages of eigh teen and forty five years, shall be Jable annually to do and perform ive days labor on thei public roads under the direction of the super visor of the road district in which he resides: Provided, that if any person being warned, as herein after provided, shall pay to the supervisor of hfs road district the sum of one dollar for each day’s abor required by this act, the same shall be received in lieu of each day’s labor and shall be ap plied by the road supervisor re ceiving the same to the improve- inent of the roads 'irn that district: Provided, that if from heavy rains, floods, washouts or any unusual in jury to the roads, the road trus tees shall be of the opinion that the condition of the roads in their township demands it, they may increase the number of days labor for each person subject to road duty as above to not more than seven days : Provided further, that ten hours shall constitute a day’s work as required under this act. Sec- 10. That it shall be the duty of every supervisor to order out every such person residenp as aforesi^id, between the first da^ of March knd the first day of Decem ber annually, to do and perform the work aforesaid on the public roads within the district; and if any such resident, being personally warned by such supervisor or by leaving a written notice at his usual abode, shaH refuse or neglect, having had at least two days no tice to attend himself, or by an able-bodied substitute acceptable to the supervisor, or having at tended shall refuse to obey the di rections of the supervisor, or shall spend the time in idleness or mat- tention to the duties assigned him, every such delinquent shall forfeit and pay the sum of one'dollar for every such offence, and shall lur- ther be liable in all cases of non- attendance to the amount of labor required by the road truste^ in such township, to be recovered by an action before any justice of tne peace of the proper townshiP the suit of the supervisor wi^^^ whose district he may reside shall also be guilty of a mis^® meanor and fined not exceeding five dollars, or imprisoned not ex ceeding five days; and the money so collected shall be applied by said supervisor to the improvements of the roads within his district and accounted for by him at the annual settlement with the road trustees: Provided, that no person shall be released from the performance of the labor on the public roads by reason of the neglect of any super visor to order out such i>erson on or before the first day of December as herein provided. See. 11. That in case any person shaU remove from any district to another who has prior to such re moval performed the whole or any part of the labor aforesaid, or in any way has paid the whole or any part of the money due in lieu of such labor, and shall produce a cer tificate of the same from the super visor of the proper district, such certificate shall be a complete Te- lease for the amount or time therein specified. . See. 12. That any person of road age, as defined in this act, who shall be summoned as hereinbefore provided, to perform any labor upon the public roads under the provisions of this act^ shall by himself or by an able-bodied sub stitute appear at the place ap pointed by the Supervisor at the hour Qf seven o’clock a. m. with the necessary tools and implements, as the supervisor may direct, and the supervisor may arrange for the use of teams, wagons, carts, plows or scrapers to be -employed and used on the roads under his direc tion, upon terms and prices to be approved by the board of trustees. Se^. 13. That for the purpose provided in this act, as to the lia bility of any person to work on the roads^ as aforesaid, his residence shall be deemed to be in. the town ship in which he sleeps five days previous to the time set for work ing said roads, provided that a properly verified receipt from some road official or ^ax collector from any state, county, city or town, or other district, shall relieve any holder of same from an equal amount of work or sum of money due under this act as said receipt or certificate shall specify: Provided, further, that no bona ■ fide guest of any hotel or boarding house, tem porarily staying or boarding in Transylvania county, shall be lia ble to road duty. Sec. 14. That the several super visors within their respective dis tricts shall collect by suit or other wise all fines, forfeitures and pen alties arising or accruing under the X3rovisions of this act, unless the collection thereof is otherwise herein provided for, and they, are hereby authorized and declared •before their settlement with the road trustees to prosecute to final judgment all actions against any and all persons neglecting or refus ing to comply with the provisions of this act from whom such fines, forfeitures and penalties can be collect^ or enforced; and the said judgment if not paid together with the costs therein, shall remain and be enforced against the judgment debtor. ^ Sec. 15. That all moneys re maining in the hands of any super visor at the time of the annual settlement with the road trustees shall be paid over to his successor * in the office as soon as such suc cessor shall be elected and quali fied, taking a receipt therefor, and depositing same with said road trustees. It shall be lawful for any supervisor to have execution issued on any judgment that remains un paid within his district at any time when in his opinion the same can be collected, and the money so re ceived when collected shall “be ex pended as provided in the forego ing sections. Sec. 16. That the Commissioners of said county are hereby author ized to and shall levy at the June session of their board in one thou sand nine htmdred and nine, and annually thereafter, for the pur poses hereinafter mentioned in this act, not less than five nor more than fifteen cents on every hundred dollars worth of taxable property in said county, and the chairman of said '^Commissioners shall cause the same to be placed on the list for the current year to be included in and collected in the annual taxes, and the amount collected for each township shall be set aside for and used in each township for the purposes hereinafter men tioned.' And it shall be the duty^ ol/the board of trustees of each township to confer with and niake recommendation to the county commissioners as to the amount of tax needed in each township for the purpose hereinafter mentioned* and if said commissioners shall be satisfied from such recommenda tion that any township needs, for said purposes more tax for the en suing year, the said Conamissioners may on the first Monday in June of each year levy an additional tax for said pujrposes in said township: Provided that said levy shall not exceed the limitation hereinbefore mentioned in this section nor to less Ithan the minimimi levy men tioned in this section, and the taxes levied «by virtue of this act shall be collected by the sheriff or tax c^- lector in the san^ manner and un der the same pains and pemlties as Concluded on Pa«« 6.
Brevard News (Brevard, N.C.)
Standardized title groups preceding, succeeding, and alternate titles together.
May 7, 1909, edition 1
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