^S^^i-^^J^^~ir-^KU ) rrv *HS(o Duke University Libraries The road and pa Conf Pam #486 llllliilllllllllll •tHE ROAD AND PATROL LAWS OF GEOHai^, A8 REVISED IN THE NEW CODE; 'kt^O. THE ACTS OF ISGii, RKFElittlNG TO THE SAMTS SUBJECTS, /' MlLLBDGF.yiLLBs B. M. 08JCE ^ »OH. PRINTBJSS. ¥ [FBOM the KtW GEORGIA CODE.] TITLE 6.-0H:..A^FTEPL V^. ROADS. BEIDGES, FEREIES, TURNPIKES, CAUSEWAYS, CROSS- INGS, &c. Artkle 1. Public Roads. Article 2. Road Commissioners and their Duties. Article 3. Ikidpes, Ferries, Turnpiltes and Causeways. Article 4. Railroad Crossings. ARTICLE I. ¥ PUBLIC ROADS. Sectiox. jSection. 574. What roads are considered pub-|COO. Complaint against Commission- lie. I ers. TiT.'S. Shall be thirty feet wide. |601. Defaulters may file excuse. f)70. Bridges and Causeways IG feet 002. Executions against defaulters. wide. 003. Fine money — liow appropriated. r)77. Districts Liid out. &c. {604. Constables collecting, &c. ^uB. Roads and Districts to be rcgis-GO.'i. I^ien of.^. fa. tered. ,000. Timbens used for road purposes. r>79. How laid out or altered. 607. rul)lic roads measured and post- 580. Notice of application advertised, ed. &c. |608. Sign boards to be put up at forks. 581. Holders of land — how notified. ;609. Failure to put up posts, &c. .^)82. Roads e.^tablished. Ac. |610. Overseer may be indicted. .^»83. Application must be in writing. Oil. Railroad hands — how expmpted. 584. Laid out the nearest and best612. Land owners aggrieved. Ac. way. |6i:]. Persons claiming damages, &c. 585. Persons subject to road duty. ;("il4. Trial — }iow conducted. 586. What roads to be worked. lOl.'v Notice to Justices, A- c. 587. Numberof days required to work 616. The time and place of meeting. 588. List of hands to be furnished. j617. Objections to jurors. 589. Must be summoned one day. W>]H. Continuances, &c. 590. What the Jiotice must contain. 1619. Mis-trial. 591. Duty of the overseer. 1620. Certiorari. 592. Sudden obstructions in roads. |621. Final judgment and payment. 593. Special working to be deducted. 622. Value of the land — how estima- .594. Defaulters fined one to three dol-, ted lars. |623. Consequential damages. 595. E.xtraordinary implements 624. Overseer may be fined. 596. Road may be apportioned. J62o. Altering or' obstructing public 597. Persons to whom road appor-j roads. tioned. 626. By a fence or tree. 508. Applicant refusing to accept. 627. Main streets in towns or cities. 599. Failing to work attcr acceptance.! ^ 574. All roads laid out for public use by an act of the General Assembly, if not otherwise provided, or by an order of the Justices of the Inferior Court, are declared to be public roads. $ 575. They shall be cleared of all trees, slumps, grubs and bushes, at least thirty feet wide, and of such limbs of trees as may incommode horse- men or carriages ; stumps must be cut as nearly even with the surface as possibk, and the cairiage track must be at least five feet six inches wide. ^ 576. All bridges or causeways over small water courses, and causeways over swamps or low lauds, shall be made and kept in repair by hands sub- ject to work on roads, the pieces shall bo laid across the road at least sixteen feet long, well secured, made fast, and covered with earth. ^ 577. The Justices of the Inferior Court must lay off their respective counties into road districts, and apportion the roads and hands so as to divide the labor wid expense, on account of roads, cansoways and bridges, equallj throu{jliout eaid counUes, all of which pioce«;ation had, are willing to grant such road, or make alteration in an old road, they ahall cause the Clerk to publish a citation for thirty days at the door of the Court House, and in a public gazette, if there is one in the county, giving a particular description of the new road, or the alteration, notifying all persons that on and after a certain day therein named, said new road or alteration will be iinally granted, if no good cause is shown to the contrary. ^ odl. All persons, their overseers or agents, residing on land which such road goes through, except the applicants for the road or alteration, must b« at the same time notified in writing, personally or by leaving it at their most notorious place of abode, that they tnaj put in their claim for damages or forever after be estopp'^d. $ 56"2. All public roads established without a substantial compliance with the provisions of the last named sections, are void. 9 583. Applications for the discontinnance of an old road, in whole or In part, must likewise be made to such Justices in writing, and likewise pub- lished before it shall take effect. ^ 5'!^. All public roads Bhail be laid out the nearest and best way to ti« place to which they are intended, and as little as can be to the prejodSe« «f a4;y private person's enclosed grounds. ^ ^ bSi. All white male inhabitants between the ages of sixteen and forty- live, all free male negroes and male slaves not under sixt«en nor exceeding sixty years of age, are subject to work on the public roads, except fsucli as are specially exempted. j 5S6. The same road bands shall not be compelled to work on more than one public read, which must come within three miles of their resideuBe, «x- eept in opening a new road, when all the road hands of the road flihtrict are .subject to work upon it. ^ .5b7. Boad hands are not required to work exceeding live days at onB time consecutively, nor more than fifteen days altogether, in twelve mouths, unless sudden emergencies require the immediate repairing of the roads, causeways and bridges within their respective districts. § 5SS. The several owners, managers or en)ployers of male slaves shall, whenever required, furnish the overseers of the district with a IL'ft of them iu writing, who are liable to work on the public roads, signed by them, under a penalty of paying three dollars for each male slave so liable to road duty and whose names are not furnished, to be collected as fines for not working the road. ^ 5S9. Overseers of roads in Iheir respective districts shall summon aJI. persons liable to road duty, within the district, at least one day before_tIi« time of working. .590. Such summons must state the road to be worked, the time and place for meeting, and the implements re(iuired. 9 59J. Such overseers shall superintend the working on the roads assign- ed them by the commissioners, causi- the same to bo worked and repaired in the best possible manner, and make a return thereof to the commissioners hi writing within five days after each time oi working, of all defaults and defi- ciencies which may have taken place. ^ 592. When any road or bridge or causeway may become suddenly im- passable, it is the duty of such overseer to call out as many bands as n«c«8« sary to repair the same after giving one day's notice. ^ .'j93. They shall take notice of the time such h^uids are employed <}»-9«<;b special workings, and shall excuse tham from road duty an equal BaBi|t«s of days out of tie whole camber all bands are feqnired to work durtagk tli* ye«f. 6 594. Everj individual, bj hi msf-lf or slaves, liable to rood duty, who, bring 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, forfeits not less than one, uor more than three dollars for each baud for every day he or they fail to work. $ r>95. If any other instruments than ordinary farming tools are necessary to ki^p the road in repair, the overseer may receive them in exch.injje for the labor of hands, or may apply to the Justices of the Inferior Court, who may authorize him to contract for such as may be necessary, and pay for the »anie out of the County Treasury. ^ 596. When a person liable to road duty makes an application to the Kvhich shall be p;iid to the overseer haviug had charge cf the hands fined ; the other half to the County Treasurer, to be used in the building or repairing of bridges. 609, If any overseer fails to comply with the provisions of the two im- mediately preceding sections he forleits not exceeding fifty dollars, to be imposed and collected as other lines against him. >j 610. 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 the time the necessity for any immediate work occurs, unless hindered by extreme bad weather, or other P.ovid'^ntial cause, he shall be indicted for a misdemeanor, and on conviction shall be fined or imprisoned, at the discre- tion of tiie Court, and is also liable for all damages at the suit of any person injured by such omission. 'S 611. Hands liable to road work, employed as laborers on the line of any Railroad of this State belonging to an incorporated Company, or by any contractors constructing Railroads, are exempted from work on the public rosds, provided the public road overseer having charge of them respectively are paid one dollar per day for each h«md so liable, which money shall be expended in hiring hands to work on the roads. ^ 61 "2. When any person shall feel aggrieved by any road proposed to be laid out through any of his land, unless otherwise provided in the Charter thereof, or some sjjecial law, he may petition in writing the Justices of the Inferior Court, either of whom shall direct their Clerk to issire a warrant under his hand, directed to the Slierirf of the couuty, to summon from the vicinage a jury of freeholders to try such question of damage, who shall be 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 shall preside over their deliberations. i 613. No person is competent as a juror who claims any damage of the county or person for the same or any similar road, or who would be disqual- itied if the trial was before the Superior Court. §1 614. The jury shall inspect the road and land in person, unless already familiar with them, and .•swear any witnesses that the owner or any person on the part of the county may offer, as to their opinion of the damages sus- tained ^ 6ir). The Sheriff shall notify the Justice of the Peace and the Road Commissioners of the district where the road lies, and the owner of the land, the day and place of trial, and shall notify to attend then and there, as wit- nesses, any persons he may be requested to by such commissioners, or the owner. i) 616, He shall fix the time and place, the time not less than five nor more than twenty days, and the place as near the land as the proper house-room can be obtained. ^ 617. At the trial any person in interest may object to the empaneling of any juror for cause, and if trom this or any other cause there are not twelve jurors empaneled and sworn, the Sheriff must proceed to procure tales jurors. ^ 6!8. The trial may be postponed or continued from day to day until completed, and if the Justice of the Peace summoned to attend should fail to preside, the Sheriff must supply the vacancy, if necessary, from some other district. ^ 619. If a mistrial occurs the Sheriff' shall proceed de novo to summon other jurors, and all the proceedings shall be as at first, and so on until there is a verdict. § 620. Thejuflgraent in such cases may b'^ certioraried by tbe county or the owner of the land, as in certiorari from forcible entry and detainer trials, and if a new trial is ordered, they shall proceed to procure a trial as previ- ously. o"G21. When such jndcrment becomes final all the papers appertaining' thereto must be filed in the Clerk's office of the luforior Court ; the Justices thereof must grant an order for the damages assessed in favor of the land owner, but if such Justices are satisfied that such damages transcend the utility of such road, or that part of it, they may revoke th>; road altogether, or order the same altered so as to avoid tlie laud so damaged, or make the owner an offer of such compensation as they may think just. 9 6'22. In estimating the value of Land when taken for public uses, it is not restricted to its agricultural or productive finalities, but inquiry may be made as to all other legitimate purposes to which the property could be ap- propriated. ^ C'i'3. Prospective and conseuuential damages resulting therefrom may be also taken into consideration, if the samy are plain and appreciable, and on the other hand, the increase of the v.alne of th«' laud from the proposed public improvement may be considered, but in no case shall the owner be deprived of the actual damages by such estiiiiated increase. $ 624. If any overseer, within twelve months after his appointment, neg- lects faithfully to discliarge the duties required of him, he is .subject to a fine not exceeding fifty dollars by the comnii.'^sioncrs under whom he serves, who shall notify him ot his neglect, and unless a good excuse is rendered to them vvitliin twenty days from the time of such notice they shall issue execution for the fine assessed. •i 625. 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 his act. without first obtaining an order therefor, he is guilty of a misdemeanor, and on conviction tliereof shall be fined not less than twenty-five nor more than one thousand dollars, and shall be liable besides, by suit, for all dam- ages nuy jierson may sr.striin thereby. (\ 626. When anj- person shall make any fence or cut any tree, or make other like obstructions in or across auy public road, which is not removed in two days and a .sate and convenient vvay, at the time of the obstruction, mude for travelers, he shall pay a fine of twenty dollars for each obstruction, to be recovered by execution issued by the commissioners, as in cases of road fines, and shall he liable for any damages caused by th*" obstruction, from the first to the last, if the person injured used ordinary caution. ^ 627. And when the main streets of any incoiporated town or city contin- ue in a state of neglect for three mouths, the Justices of the Peace therein are, by virtue of their office. Road Commissioners, and shall appoint over- seers, apportion the hands that would be liable to road duty, throughout the town, have the streets worked on, as though they were public roads, and must, in every other respect, perform the duties of Koad Commissioners, and for neglect of any other duty, or violation of any of the road laws, are liable to fine as such commissii)ners. ARTICLE II. COMMISSIONERS OF PUBLIC ROADS. Section. 637. Commis.sioners failing to do duty. 638. Proceedings against for neglect. Section. 62H. Three for each district. 629. How appointed. 630. Compelled to serve unless ex-J639. May be removed from office cused. 640. Failing to appear when cited. 631. Must be notified within ten days. 1641. Executions against commission- 632. Clerk failing to give such notice. | ers. 633. Exempt from patrol and militia|642. A public road being a district duty. line. 6:?4. Duty of commissioners generally. [643. Necessary books shall be fur- 635. Persons exempt from road duty. | nished. 636. Overseer of roads receive $2 peri644. Certificate of discharge. day. . I $ 628. There shall he three commissioners for each road district, any two of wfccHii niHT art, aii-J !n c«fe tLvre \s oiil/ oive in a district, tliaf one i» in- vested with all the powors of the three, until the vocaiicias are filled. $ 629. Such connni.s,sioner.s are appointed or re-appointed by the Justices of the Infei"ior Court, bienniallr, at their first meeting of tlae years of the appointments, and, wlienever necessary, to fill vacancies at any time. ^ G30. Those thus appointed are compelled to serve, unless excused by .such Ju.stices, who shall receive for such excuse Providential cause only. ^ Go]. As soon as appointed, they shall be notified thereof in writinfr with- in tea days thereafter by the Clerk of the Inferior Coiu1, nnd if such ap- pointees do not, \vit];in ten diiys after receivinjr such notice, file their excuse iu writing-, under caih, in such Clerk's cfhce, th<'j shall be considered as LavinfT accepted. ^ 6o'2. If a Clerk fails to gfive such notice, he is gtnlty of a contemjit, ojid shall be, by such Justices, fined twenty dollars for each neglect. ^ (vW. Such commissioners, while in office, ;ue exempt from r11 jury, patrol, militia and other road duty, and are exempt from road duty after they j^o out of ofuce, for the next two years, if they have served faithluUy tlirougli' their official terms. « 0:;4. It is their duty — 1. To ap].oint, within fifteen days, one or more persons iu their respective districts as overseers of the road. 2. To apportion the roads and hands under their charg-e at the same time as equally and fanly as possible, and to furnish the several overseers with a list of the roads and hands under tht-ir respective charge. i). To hear and determine upon all cases of default or other violation of the road laws v.ithin their jurisdiction, (if not indictable only.) at a Court to be held by them twentj- days after every rond working, or as often as emer- pencies mr.y require, and to issue executions or other process against the convicted. 4. To keep a book in which to enter — First. The several hands iu their respective districts subject to road duty : to what roads and what parts thereof assigned, and under what overseer ; chaiiging and correcting it from time to time, as maybe necessary. Scco7uL A list of ail defaulters and persons lined, the amounts fined, amounts paid, what disposition miade of the money, 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 be used in the repairing or build- ing of public bridges and causeways, and annually, on the fir.st of December, to report to the Justices of the Inferior Court the condition of the public roads and bridges in their respective districts, the state of the finances, what executions are outstanding unpaid, and their condition. C. To ins])ect, 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 regularly posted, and direction boards put up as required by law, xind if said bridges and ferries are in proper repair. 7. To exercise a genera! supervision over thi-ir respective overseers, and to fine tlxnn for neglect of duty, and to see that persons are indicted fur the offences set forth iu the road laws. 8. To administer all oaths, relative to the road laws, connected with their duties. ^635. In making up the list of road-workers, they must not include the following description of persons who are exempt from such duty, viz • Li- censed ministers, teachers and students of colleges and schools, keepers of public grist mills, public ferrymen, keepers of toll bridges, turnpikes, cause- ways and plank roads, engineers and white persons in charge of cars or trains running on railroads, officers of the Confcdf:rate States, this State or any county thereof, and all others exempted by any special law. 636. They are authoi'ized to pay overseer.s two dollars per day for every daj- in actual .service, out of the fine money, besides one-half of the balance ■of the fine money as compensation to him as informer, and if, by the end of each year, the fine money does not furnish enough to pay such overseers said per diem, it must be paid out of the County Treasury, if the proper commissioners certify to the Justices the amount such overseers ar« enti- tled to. ^ 637. If commissioners fail to discharge their duties, or any duty reqjiired of them as such, they, and each of them, shall be fined, by the Justices of 9 tke^nfedor Court, BO* iMia than fifty, nor mor© fhau two huiwlred dollars.. $ 638. Wht»n any person shall file his afEdarit in writing in the Clerk's •fifice of the InfMior Cotirt, that any commissioner or set ol OL-niinissioners hare nefjlected their duty geuerally, or in nuy particular, or when the Grand Jury makes presentment ot the same, or the bad condition of any portion ot the public roads, or the said Justices, or any one of theiu, are sati.stied such i.s the fact, and so inform their Clerk, it is his duty to i^sue a summons in writing', directed to said defaulting commissioners, commanding- them toap- jiear at a certain day therein named, before such Justices, to answer for their conduct, whicli shall be served on them by any officer or prirate per- son. 6 6.39. If, on the hearing, tho .Justices fine the commissioners cited, they jshall also pass an ord«r removing them from office, and forthwith appoint other commissioners. «S fi4(K If they have been duly cited and served, and fail to appear, such Justices mny proceed tx parte. 6 041. The Clerk ot the Inferior Court i? directed to issue executions wgainst them for the fine and costs, vhieh shall be executed by the bheriti'. The lien of such executions, and the property subject thereto, are the same as those against defaulting road-vc-rkers. 9 64'2. \Yhen any pulilic road may be on a road district line, and the Jus- i{;es of the Inferior Cc'Urt have not specially assigned it to any particular district or set of commissioners, the conimissfoncrs ot each district shall co- operate in arrargiug the hands and ap]>oii.tii)g tlie o^verseers for such road. ^ C4;<. Tl'.o books such commissiouer.s are required to keep must be fur- nished by the Justices of the Inferior Court at the expense of the county, and out of the le.id money, if any, and when full must be deposited in the office of the (;!erk of the Infciior Court. 6 ()44. After the coninns.'iioner has faithfully served through the term cf his appointment, he may obtain fioni the Clerk of tho Interior Court a cer- tificate of such fact. ARTICLE IJI. BRIDGES, FERRIES, TURNPIKES, AND CAUSEWAYS. SncTioN. iSeitiox. (14."). Public bridges, ferries, Ac. |G()3. Excessive r.ites shall not (■i4(). Regulations coneernitig the same' charged. G51. Additional bond may be required. (508. Proprietors liable for neglect rir)2. Roads, biidgcs, »Vc. JGG9. County — wlien liable for d G5o. Contractor failing. | ages. G.">4. Defendant resisting payment. G70. Persons detained at public cross- G55. Contractors incompetent as ju-1 i»gs- rors. |671. No toll after expiration of charter. G56. Bridges, &c., crossing county .G72. Owner of private ferry, i&c, lia- lines. j ble. ('.."T. County refusing to contribute. G73. Breaking toll gate, «S:c. ('•.j8. Toll bridges crossing county u74. Right of way. lines. |G75. Grant tojland — what passes. G.')9. Private bridges, &c. 676. Grant for a ferry. (jGO. Distance in such cases. jG77. Value of land taken — how. GGl. Rates of toll to be posted up. i li(>'2. Land owner may erect a bridge. &.C. I ^ G45. All bridges or ferries, turnpikes or causeways, erected or permitted by anv act of the General Assembly, if not otherwise provided, or by order of the Justices of the Inferior Court, for public purposes, are declared to be public. 10 § 64fi. They are dividetl — 1. Those e.stabli.sh;*d by the county which are free to every one. 2. Those established by the coiiuty where toil is charged generally or specially, 3. Those established by individuals under the authority of law or by vir- tue of a prescriptive right. 4. Those established by individuals without such rights, who accommo- date the public or any portion of them for compensation. ^647. The Justices of the Inferior Court may put a ferry or causeway, or botli, or may iistablisli a toll bridge for the benefit of the county, but when on any such county bridge, ferry or cau.sevvay, toll is charged, the county is liable as individuals owning them, and the owners of lands must be compen- sated as in other cases. v^ 64S. The Justices of the Inferior Court of the several counties have authority — 1. To appoint the places for the erection. of public bridges, county ferries, turnpikes and causewaj's, and to make suitable provision for their erection and repairs by letting them out to the lowest bidder, hiring hands, or in any other way that m;iy l)e for the public good and agreeable to law. xJ. To require sufficient bond and good security for the faithful perform- ance of all such work and contracts, and to indemnify for all damages occa- sioned by a failure so to do. 3. To license any person to establish such bridge, ferry, turnpike or causeway, uot exceeding ten years, which may be renewed at the expiration thereof, 4. To fix the rates of toll for crossing any such, where the toll can law- fully be charged, and regulate those previously established or that may af- terwards be established, so as to conform to what is both reasonable and usage on such water courses, provided such charges are not specially regu- lated by the General As.'sembly in some act of incorpuration to the exclusion of such Justices. * 5. To exercise a general supervision over such, and see that they are kept in prtiper order and properly attended to, and to require from lime to time, as the occasion may demand, sufficient bond and good surety from the pro- prietOi-s thereof, conditioned for their keeping in repair a sufficient and safe bridge, flat rope, turnpike or causeway, and all other appointments necessa- ry tor a good ferry and competent and faithful attendance by day and night, and to indemnity the public against all damages by reason of a failure so to do. ^ 649. When a public bridge, ferry, turnpike or causeway is let out. the contractor must, 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. ^ 65U. All bonds taken from contractors or proprietors must be approved by the Justices of the Inferior Court, filed in the oilice of the Clerk of the Inferior Court, and by him recorded in books kept for that purpose, ^S 651. If «hen an additional bond is required it is not given within ten days from the time the proprietor or his agent is notified by the Clerk of the Inferior Court, the license must be revoked. § 652. When any such work shall require repairing it is the duty of any one or more Road Commissioners in whose road district the same is, to give notice in writing to the contractor, or one of his sureties, stating the repairs necessary to be made, and requiriiig them to be done within a reasonable time, stating the time. ^ 653. If such repairs are not made within the time required, they shall employ some other person forthwith to make then;, and upon report to the Clerk of the Inferior Court of their cost, he shall issue an execution against such contractor and his sureties for the expense of such repairs and the costs. ^ 654. If the defendant resists the payment of said execution at law, it must be returned for trial by jury, if demanded, either to the Justices' Court of the district where the defendant resides upon whose property the levy is made, or to the Superior Court of the county, according to the principal amount thereof. •5 655. Persons who have undertaken the building or keeping in repair any bridge, ferry, turnpike or causeway, or are surety for such persons, can- not be lioad Commissioners of the road district which embraces such, and if after having been appointed they become such contractor or surety, the 11 Justices of the Inferior Court must declare a vacancy and appoint some other persons in their stead. 6 GOG. When a biidfre or ferry is necessary over any water course, which divides one county or more counties from eacli other, each county must contribute equally towards the building and keeping tiie same in repair, or in such proportion as would be just, takir.g inio consideration the taxable property of each, and the amount expended by each in the construction of bridfres and other passways. $ G57. If any cimnty refuses to undergo its fair proportion of such ex- penses, the other county or counties may construct tiie work, compel the other to contribute by suit, and until such contribution tukts place, may have exclusive control thereof, and charge toll thereon against all the citi- zens of the refusing county. ^ H.3b. Tiie toll bridges or ferries over water courses making county lines, may be licensed by eitlier county, and in such cases the bonds must be ap- proved, fiied and lecordcd in the county uhere the license is granted. 9 6.59. Ko private ferry charging toll shall be established on any water course within three niiles of wJiere public bridges are previously erected and kept up, but bridges may be erected at the public expense at places on the same stream, other than those where bridges are previously erected, if not violative of any special provision of the law. ^ 6G0. When exclusive right is granted to any person to prevent others from erecting bridges or ferries, or the like, within a given distance from the same, it shailbe computed by the course of the stream. $(IG1. Every proprietor of bridges, ferries, turnpikos and causeways, where toll is allowed to be chaiged. must fix a board in a conspicuous place, as near the same as practicable, with black gtound, on which shall be the various rates of toll; and if such is neglected, he shall be subject to indict- ment, and. on conviction, shall be fined not less than fifty doilais for every wA'k lie so neglects. *) Gti'2. Any person who may be the owner of any land through which a stream may pass on both sides thereof, may establish afcy bridge or ferr3' thereon, at his expen>c. !ind may cli.irge lawful toll for crossing, according to the rates of other bridges and ferries on the same stream, or if none other, the customary rales over such streams elsewhere. ^ ()63. If sTich person sl.al! demand excessive rates, any person may com- plain to tlie Justices of the Inferior Court of the county, and if the rates are excessive they must reduce and fix them. V^ 61)4. The Justices of the Inferior Court of each county must once each j'ear examine the rates charged in their counties, and keep fixed the rates of toll for the several bridges, ferries, turnpikes and causeways within the limits of their county which have the right to charge them, and must enter the same on their minutes. ^ ••Go. If any person sl.all charge more than the lawful rates, or more than indicated by the board, lie is guilty of a misdemeanor, and on conviction must be fined in the discretion of the Conrt, and for the second offence, in addition to the fine, he forfeits his franchise. 6 66C. No person authorized to have a bridge 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 conviction must be fined or imprisoned, or both, in the discretion of the Court. ^ GG7. After a person has one* established such bridge or ferry he shall not discontinue the same without first giving public notice thereof, by ad- vertisement posted on the Court House door, and in a public gazette, if there is one published in tlic county, for at least sixty days. $ 6Gd. Any proprietor of any bridge, ferrj', 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, and if any damage shall occur by reason of non-attendance, neglect, carelessness or bad conduct, he is bound for all damages, even if over and beyond the amount of anj' bond that may be given. v^ 6(i9. The provisions of the preceding section apply to all contractors for the establisliment of such, when damages accrue from a want of good faith in performing 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 or the damages. v) G70. Any person unreasonably detained at a public ferry, toll bridge. 18 tnrnpike or caasewaj, mfty, for eaoh detention, reoovef of the owner ten dollars before any Jnstice of the county. $ <)7J. If any person demands or receives toll for crossing any ferry, hr'id^e or cftusoway.or turnpike, after the revocation of bis license or forfeit- ure of his charter, or having a right f jr a ferry allows the banks on eitlier side to be out of repair for more than five days at any one time, or to provide jrood and safe boats of a size suinciont for the accommodation of the public, furnished with competent and sufficient ferrymen, for the safe and speedy passage of all persons, vehicles, horses and stock, or in case of a toll bridge or causeway, fails to keep the same in good repair, without a reasonable ex- cuse for such faihues, to be determined by the Court, he is guilty of a mis- demeanor, and on conviction must be fuied not less than twenty dollars. ^ ()72. If any person who keeps a private bridge, ferry, turnpike or cause- way, passes any ])er.son for toll, the owners incur the same liability and pen- alties as those permitted by law. ^ 67u. 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 toll, such person forfeits to the owner ten dollars for each of such acts, and is also liable fur the damages. ^ 074. Damages for the right of way are to be assessed in the manner prescribed for public roads and private ways. v^ G75. Grants to land on water courses with the appurtenances, convey no right of public bridge or ferry. § 67G. Tiie grant of a ferry franchise conveys no right to build a bridge, or the contrary. C> 677. In determining the value of land taken for abridge, its prospective value as a bridge site and its present value as a ferry, if one is in use, may be taken into the calculation. ARTICLE IV. RAILROAD AND OTHER CROSSINGS. .Sf.ctuin. _ iSKCxroN. (w-*. Roads at Railroad crossings. jCiG. Must be done by overseer of 079. Extent of such crossings. i Roads. 0*^0. Erecting posts and blowing whis-;i)ri7. Executions against defaulting tie. I Company. (581. Neglecting to erect such posts. 088. Money raised— to whom paid. 68"2. Failing to blow the whistle. 1689. Railroad Company may defend. 683. Proof of damage — nmis on Corn- 690. Plank, Macadamized and other pauy. roads. 684. Suits — when to be brought. 691. Public highways, bridges, &c. 635. Failing to keep crossings in orderj ^ 678. All Railroad Companies shall keep in good order, at tlieir expense, the public roads or private ways established pursuant to law, where crossed by their several roads, and baild suitable bridges and make proper excava- tions or embankments, according to the spirit of the road law.s. ^ 079. Such crossings include the width of land on both sides of the road allowed by charter or appropriated by the Con-.pany therefor, and for as many feet beyond, each way, as is necessary for a traveller to get on and off the crossing safely and conveniently. V^ 680. There must be fixed on the line of said roads, and at the distance of four hundred yards from the centre of each of such road crossings, and on each side thereof, a post, and the engineer shall be required, whenever he shall arrive at either of said ]iosts, to blow the whistle ot the locomotive un- til it arrives at the public road, and to simultaneously check, and keep checking, the speed thereof, ; o as to stop in time should any person or tiling bf crossing said track on said road. V^ 681. Should anj"^ Comp/iuy fail or neglect to put up said posts the Su- perintendent thereof shall be guilty of a misdemeanor, and upon indictment and conviction 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. 13 i 6fl2. If any engineer neglects to blow Mid whistle, aa reqnireJ, and to check the speed ae required in section 080, he is K'l'l^y °^ * misdemeanor, snd on indictment and conviction in the county where such failure oc<*or», he shall be punished by fine, not exceeding five hundred dollajs and imprw- oned not exceeding ninety days, or either, which the Company by whom b« 13 employed is bound to pay. 6 Ce3. When siich injury occurs, the onus is upon the Company to pror* such fault on the part of the injured persons. 6 664. Snch snits may be located in the county where the injury oecurs, and service perfected as in case for killing stock. ? 685. When any road orer which a crossing is required shall be obsfruct"- ed, or not in good order at such crossing, a Koad Commissioner, or an orer- seer of the road district where 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. $ 686. If such requisition is not complied with, it must be done by the overseer of the road, and within fire days alter he thall have disi-harged such duty, he must report, under oath, in writing, to the comraissionerfl of the district, the amount and value of the services p#'r1'ormed. 6 6H7. The commissioners shall then issue eie«iitj«u, under their halrds anil sea!, direct<#d to any lawful officer, for the amount of <'Upii value. a»^ the costs of the proceeding against such defaulting Kalir^ad Company as in v;a«e of other road defaulters. ^ 68"<. The amount, when collected, must be paid to the persons who per- lormed fho labor, pro rote, .ind according to the febor performed by eack, and for other expenses of Kuid work, if any. $ 6^9. The defendanj.s may defend themselves from Rt»ch Ji. Jk.s. as ofter clefanltin«r road-work»rs may. 4 690. The provisions of ibis article arc, so far as applicable, extended t» any plank, Macadamized, turnpike or otier road belonging to private indi- viduals or a joint-stock company. $ 691. Public highways, bridge* or ferriw c-annot be appropriated to rajK poads, plank roads or any other species of road, unless express »utbo»tt j is 2;ranted by aoBie ConatitctioDaJ provision in their citartei-s. TITLE la.-CIK^FTER V^. THE GOVERNMENT OF SLAVES AKD FREE NEGROES. AnTWM^B 1. Patjol Lawf. Article 2, Other police regulations. ARTICLE I. PATROL LAWS. Skction. ISkctios. r.35-4. Patrol Commissien-era. |1362. Patrol mnst keep arms, Jt«. 13.=..=S. Their oath. {1363. Duty of patrols. i;C>6. Must organize companies. 1364. Requisites of slave's permit. i:l57. Mnst appoint captains. 1366. Powur of patrol as to searahes. 13,5,8. Default of officers — how pnn- 136C. May seize weapons on 9lj»v«8, ished. I Ae. \:V>9. Defaolters to be reported. 11367. When master may arm sVav«. 1360. Penalty for opposing patrols. J368. Free negroes 9ubje«t to patrol. ].%]. Who are subject to patrol duty.) i, 13M. The Justices of the Inferior Coarts, in the month of November. annually, and before the tentJi day tiiereof, shall appoint three ttitizvn-s in Aftch nilitit district to act as aommissionors ef patrol ; they a^e to b« ntl- fi«d of tJieJr ftppointmonte, and to be d©e»«d as accepting, a»d >vacA«vi-t» are to b« supplied, *» i^ t)N Ca5« ef road e«irTiRVs:s>ot>«r9, 14 (i 135'). Such commissioners, within fifteen days after notice of appoint- ment, shall appear at the Court House, and btifore tlie Clerk of the Inferior Court, take an oath, faithfully to discharge their duties, which fact said Clerk shall enter on his minutes. $ 1356. They shall also, within five days from their qualification, make out a list of all persons in their several districts liable to do patrol duty, and organize from said lists two or more companies, not having more than tea in each company, and shall lay off said districts into as many divisions as they shall organize companies, assigning to each company its division, making a record of all such in a book kept for that purpose. No company shall be compelled to perform patrol duty out of its division, unless called ou to aid another company, when needing it. $ 13.")7. They must select some discreet person as captain, from and for each company, who shall be of good moral character, and not less than twenty -five years old, who must be notified of his appointment in writing, within ten days after it takes place; such notice must be accompanied with a list of the persons belonging to his company. A notice of one day to a member of a company, verbally or in writing, of the time and place he is required, is sufficient, but in cases of emergency he shall go in a shorter time, and immediately, if so required. $ 1358. If any commissioner fails to discharge the duties required of him, without good e-xcuse, to be judged of by such Justices, he shall be fined not exceeding one hundred dollars, for such failure. If the captain of a compa- ny thus fails, he shall be fined by the commissioners not exceeding twenty- five dollars for every such failure. If any member of a company fails to at- tend, after notice, at the time and place designated, armed and equipped as directed, or evades his duty, or is insubordinate, or deports himself inso- lently to the captain, while on duty, or otherwise violates the patrol law, he shall be fined not more than ten dollars for every such failure or offence. § 1359. The captains shall report all delinquencies to the commissioners, within twenty days after they occur, which shall be heard and determined by them in the same manner as road commissioners do in case of defaulters. All fines collected, after paying expenses, if any, shall be paid to the Edu- cational Fund of the county. $ 1360. If any person shall, by force, or otherwise, oppose any patrol com- pany, or any member of one, while engaged in lawful duty, or prevent, or endeavor to prevent, any search or examiiiatio»i being made of auy house or place, where it may be reasonably suspected that any negro liable to be punished, or apprehended, may be concealed, or shall annoy or menace such company, or its members, while in the performance of patrol duty, he is subject to indictment, and, on conviction, shall be fined not exceeding one hundred dollars ; for a second ofience may be imprisoned not exceeding six- ty days, as well as fined. 6 136 . All male white persons between the ages of sixteen and sixty are subject to patrol duty, (unless specially exempted,) and shall, by themselves or by substitute, perform patrol duty. Persons exempt from road-working are exempt from patrol duty, except in cases of emergency, when all persons are subject to the call of the captain or commissioners. § 1362. A person so subject shall keep always in readiness, and carry with him, on service, one good gun or pistol in order, together with at least six rounds of ball-cartridges. $ 1363. The patrols shall examine the plantations in their divisions at such times as their discretion may dictate, but at least one day or night in fifteen ; shall take up all slaves they see off their master's premises, if they know them, and when they do not know them, or they are not ou such premises : all slaves without the fences, or outside the limits of an incorpo- rated town, who have not some permission in writing to be absent, or some other writing or evidence showing the reasonableness of the absence, or who Lave not some white person in company, or who can give no good account of themselves, They shall correct such slaves by whipping with a switch. whip or cow-skin, not exceeding twenty lashes, and in such a manner as not to injure or permanently mark his body. If the slave is insolent or unruly after such chastisement, the patrol shall carry him to his master or employer, and all further whipping shall be in his presence. If he refuses to allow him whipped, he shall be carried to a Justice of the Peace, and all further whipping shall be under his direction. J 1304, A permit to a slave should specify the place or places where he is 15 allowed to visit, and the leng^th of time lie is permitted to be absent. Xo permit shall extend ovar a greater length of time than one montii. A slave at the house of his wife, by permission of her master, ueeds no permit. A free person of color needs no permit in the day timr. $ 1365. The patrols have the power to search and examine all nepro houses for offensive weapons and ammunition, and, on finding such, shall proceed according to law. They may pursue any fugitive slave who avoids them by hiding or running into any dwelling, or if they shall hear of any such bting harbored in any dwelling of any white person, they shall first ask leave to search of the person in charge, if any, or to deliver up said slave, and if said person shall refuse to grant either, they, if they have Been such slave enter, or know that he is there, may enter therein and take him. The person re- fusing such permission, if the slave is found, is subject to indictment, and, on conviction, may be fined not exceeding one hundred dollars. § J36G. On finding any weapons, or accoutrements, or ammunition, in any negro-house, or on the person, or in the possession of any slave or free per- sons of color, contrary to law, such patrol may seize and take away the same; but before the property shall be vested in the person seizing, he shall cause the same to be forfeited, as is elsewhere provided in this Co4e. $ 13(i7. Nothing in this Code shall be construed to deny to any master the right, in time of invasion or insurrection, in good faith, to arm his trusty slave for the defence of himself or his property. $ 136H. All the provisions of the patrol law, in this Code, shall apply to free persons of color, unless specially excepted. The permission of the guardian is substituted for that of the master. ARTICLE TI. OTHER POLICE REGULATIONS. iSrCTKtN. 1373. Property on slave — how claimed l.?74. Anyone may chastise slave, &c. IS/T). Penalty against masters, Ac. 137G. Slaves, &c., may not preach. Section. 1369. Unlawful as.?eniblies of slaves. 1370. How dispersed. 1371. Certain oflBcers have patrol pow- ers. 1372. Defaulting oflkers — how pun- ished. ^ 1369. No congregation or company of slaves, exceeding seven males in number, shall, tinder any pretence, except for Divine worship, assemble themselves tutside of any incorporated town, and then they must be under the control and presence of as many as five citizen.s of the neipliborhood, except slaves who may assemble on their masters" premises when he or hip overseer is present. Other slaves, by their masters' permission in writing, may also join in sudi as.'^eniblies. $ 1370. Every Justice ot the Peace, upon his knowledge or information from others, may go in person, or by warrant, directed to any officer or pri- vate person, or both, and command the assistance of other persons to dis- perse any assonibly of negroes which may disturb, endanger the safctj', or excite the ajiprehension of the community. Every negro taken at such as- semblages may, by special order of such Justices, be corrected, without trial, by receiving, on the bare back, not more than twenty lashes, with the instru- ment allowed to be used by the patrols, and in tlie same manner. ^ 137]. Such officer.s or persons may be also specially empoweied, by a Justice of the Peace of the district, under warrant, to do wliatcver the patrol may do, and to bring offenders to a speedy trial. $ 1372. If any officer refuses to execute such warrant, or other per.son re- fuses to assist said officer when required, such officer or person shall forfeit and pay for each oftence twenty five dollars, to be recovered as in other ac- tions ot debt at the instance of the informer. ^ 1373. If such property or any goods shall be so seized which is the prop- erty of another, tliey shall be restored on tho claimant making this oath . " I swear that I h*ve just right to certain property or goods (describing ifaem) seised bj a certain person, naming him, out of the possession of a 1« islave named (namtnjf him) ami thjii I did cot dii-«jUy, nor imlii-evtly, permit s;iij slave, nor any other slnve. to keep or employ the same in vioUtiou of the law. but that they ciioie to ti»e posses«ion of said .slave (etating the mannor)." $ 1374. Any person may take up any nejfrocs that ghall be found out of the plantation or place where they heion•., That from and afttr the passage «f this Aet, the second Section of the above re^-itJiid Act b« so alt+rri-d and anxeaded as to make all persons therein nauied, between the ages of sixt»^n aiMl .sixty, liable to perform Eoad duty. Sec. II. And be U fartJur tiuicud, That all male persons are and fthfliU B* tionsidereil a-s able bodiod bands who are abkj to do ordinary tw^ld works Sk<'. III. Repeals conflicting law,s, A,ssented to December 4th, l>;d2. An Ac( to amend th.(. P«tiol Laws of this .??te-b. Sectiox I. The frtnertl Assf.inblff do itnuct, That from arid aft*r the pass- age of this Aet, the Patrol Lsiws of this State be so amend»'d as to make hU iree whit^ male citizens of this State, between the ages of eighteen ajid sixty years, liable to do and perform patrol duty, notwithstanding any Taw en- ens- t.om of this State to the contrary. Assented to D€t;€mb«r 9, lt!(:i2. pH8.5