THE LIBRARY 
 
 OF 
 
 THE UNIVERSITY 
 
 OF CALIFORNIA 
 
 LOS ANGELES
 
 i^ 
 
 / 
 
 /. 
 
 y1 
 
 ^/^' O^^/iYAji^' J 
 
 Am ^@® 
 
 TO ESTABLISH 
 
 BOARDS OF POLICE, &:o. 
 
 Approved, ITIarcli 3, 1 833. 
 
 MttaaoManrOH
 
 % 
 
 \
 
 A\ ACT 
 
 TO 
 
 ESTABLISH BOARDS OF FOLIC K, 
 
 i AND DEFINE 
 
 THEIR POWERS AND JURISDICTION, 
 
 AND FOR OTFTER PURPOSES. 
 
 K. 
 
 NATCIIi;/: 
 
 HniNTFU nV STANTON AND Iir';A\( (IN 
 
 IBM.
 
 A 78 
 
 AN ACT 
 
 TO 
 
 ESTABLISH BOARDS OF POLICJE. 
 
 A>i ACT to establish Boards of Police, and define llieir powers and 
 jurisdiction, and for other purposes. 
 
 Section 1. Be it enacted bi/ the Legislature of the 
 State of Mississippi, "i hat there shall be established 
 in each county in this state a board of ])olice, to consist Boards of 
 of live members, a majority of whom siiall constitute a ^''"''.'^o e*- 
 quorum to transact business, who shall be elected on ^^ '^*^ ' 
 the first Monday and day following in May next, and 
 continue in ollicc until the first Monday in Noveml)er, 
 eighteen hundred and thirty-five, and until their succes- 
 sors are duly qualified. 
 
 Sec. 2. The said board at their first meeting, or so 
 soon thereafter as may he convenient, shall divide their Couniy to 
 respective counties into five districts, from each of which }'i' divided 
 the qualified electors of the district shall elect one mem-'".^° 
 
 ■ trictj 
 
 ber for the term prescribed in the Constitution, under 
 such rules anrl i-egulntions as said board may adopt. The 
 .said districts shall be fully defined by miles and bounds, 
 and entered of record in their minutes: Provided, That 
 the couniy courtof each county shall meet on the second 
 Monday in April nrxt, for the purpo.sc of dividing their 
 respective counties into five districts, far the election of 
 one member of said board from each of the said distric*.^ 
 
 56?oes
 
 4 AN ACT TO KSTAliMSH 
 
 on llic first Monday and tlic day I"oilowiu<i; in May next; 
 
 Provided oho, Thai the person having the highest nuni- 
 
 her of votes in each several district, shall he duly 
 
 elected. 
 JurUdic- See. 3. The said hoard of police for each county in 
 
 tioii ol tiic i^j^jg gjjjt^g [^ addition to their iurisdiclion specifically vcs- 
 
 l)o;inl of 1)0 , . , , , ^ . •■' 1111 1 ' • 
 
 y^^.^_ ted ]n them by the Constitution, shall have and exercise 
 
 all such jurisdiction as is at present vested in the county 
 courts of each county respectively; and they shall be au- 
 thorized and required to perform all such acts as were 
 heretofore required to be done and performed by said 
 county courts, not inconsistent with the provisions of 
 this act: Provided, They shall haA^e no jurisdiction over 
 matters given by the Constitution and laws of this state 
 to the court of probates, and properly belonging to the 
 same. They shall require the county treasurer, at each 
 regular meeting of said board, to make to them a report 
 of the state of the treasury, exhibiting the receipts and 
 disbursements, and the balance in favor of or against the 
 county; which report they shall cause to be published in 
 some newspaper printed in the county; if there be no 
 newspaper, they shall cause a copy thereof to be posted 
 on the door of the court-house. They shall have power 
 to levy a special tax on their respective counties, when- 
 ever the annual levy may not be sufficient — said special 
 lax, in no one year, to exceed one half the amount of the 
 state tax, to be collected and paid into the county treasu- 
 ry, under the same rules and regulations that are now 
 provided for the collection and paying of the annual coun- 
 ty tax. They shall also have power to establish, alter 
 and change election precincts in their several counties, 
 whenever they may deem it expedient, for the conveni- 
 ence of tlie people. 
 
 Sec. 4. The members of said board in each county 
 
 sii;.ll meet in this state, who shall be elected on the first Monday 
 
 r.i iiie court yj^^l day following in May next, shall assemble at the 
 
 Moiulav in ^ourt houi^c ot their respective counties, on the third 
 
 Mav.uiJd I- Monday in said month; and being so assembled, shall 
 
 lect :i pros- elect One of their own body, by ballot, a president of 
 
 locnt. their board, and shall severally take the oath prescribed 
 
 by IIk; Constitution; and tiie])residcnt of the board shall 
 
 administer the oath of office to the clerk, and the board 
 
 being 50 organized, sn;il! piocced to liic discharge of tlirif
 
 BOARDS OP POLICE 5 
 
 oflicial duties; and all acts done and performed at their 
 said meetings, on the third Monday in May next, shall 
 be valid and binding to all intents and purposes, wheth- 
 er the members thereof shall have received their commis- 
 sions or not. 
 
 Sec. 5. Said board shall hold their sessions on the At what 
 Mondays preceding the Circuit Court in each county, JH'J.^^*"" 
 and continue four days, if business so long require, and i^^ session* 
 no longer: Provided, that the President of the board 
 may call a special meeting thereof, whenever it may be 
 necessary, upon liis giving ton days' notice of said meet- 
 ing, by advertisement posted at the door of the court- ^ 
 house of his county; each member of said board shall re- (jompensa- 
 ceive three dollars per day, for each day that he shall be tion. 
 employed in performing the duties required of him by 
 this act, to be paid out of the county treasury, and shall 
 be exempt from serving on juries and in the militia, 
 except in time of war, and from working on roads. 
 
 Sec. G. It shall be the duty of the clerk to keep and Duty of 
 preserve a correct entry and record of the proceedings Clerk, 
 and orders of said board, and to make an entry upon his 
 minutes of the attendance of each member thereof. The 
 clerk of said board, before he enters upon the duties of 
 his office, shall enter into bond with two good securities, 
 to be approved of by the board, in the sum of two thou- 
 sand dollars, payable to the Governor and his successors 
 in office, conditioned that he will faithfully execute and 
 perform the duties of his office, and safely keep all re- 
 cords, books and papers pertaining thereto, and will de- 
 liver the same over to his successor when required^ 
 which bond shall be recorded by said clerk on the re- 
 cords of said board, and shall be filed by the President 
 thereof in the office of the Secretary of State, and may be 
 put in suit by any person aggrieved by the malfeasance 
 of said clerk in Ids ollice, and shall not be void on the 
 first recovery, but may be sued u])on until the entire 
 penalty shall be recovered, and a certilied copy there- 
 of shall be received as evidence in any court of justice 
 in this state. 
 
 Sec. 7. It shall be the duty of the SherilVof the coun- ^^f'^^'^' 
 ty to attend upoUj^thc board, cither in person or by dep- 
 uty, to execute all their ordeis and precepts; and for the 
 perforninucc of said dutic?, lie ^h;>ll if''ci\ c ;ts follows: -
 
 V AN ACT TO ESTABLISH 
 
 For every day's attendance on said board, while in ses- 
 sion, two dollars per day; and for all other services re- 
 quired of him by this act, he shall receive a compensa- 
 tion of not more than fifty dollars per annum, to be al- 
 lowed by the board, and paid out of the county treasury. 
 The clerk of said board shall be allowed for each day's at- 
 tendance on said board, while in session, three dollars 
 per day; and for all other services required of him by this 
 act, he shall receive a compensation of not more than fifty 
 dollars per annum, to be allowed by the board and paid 
 out of the county treasury. 
 
 Sec. S. The said board shall have power, for any 
 Board of interruption of their proceedings, or any contempt oi- 
 imprisorifor f^red to them while in session, to imprison the offen- 
 contempt. der or offenders, for each offence, not exceeding twenty- 
 four hours. 
 May fine See. 9. If any member of said board shall fail to at- 
 members of tend any meeting authorized to be held by this act, he 
 for^fa'Sr'^*^ shall be fined at the discretion of the board, in a sum of 
 to attend ^^^ ^^^s than five, nor more than ten dollars, for each and 
 their meet- every such failure to attend; and the said board shall 
 ^"Ss, cause judgment ?zz si to be entered ; and if a good and suf- 
 
 ficient excuse be not offered at the next term of the said 
 board by the said failing member, judgment final shall be 
 rendered, and the clerk of said board shall issue execu- 
 tion for the recovery of said fine; and all moneys so col- 
 lected, shall be paid into the treasury of the county. If 
 the President of the board shall fail to attend any meet- 
 ing thereof, it shall be the duty of the board to elect one 
 of their body President, p7'0 tempore, who shall per- 
 form the duties of President during said meeting, or 
 until he shall appear and take his seat. In case the 
 board of police shall fail to form a quorum on the first 
 day of any regular or special term, the Sheriff may 
 adjourn until the next succeeding day, and no 
 longer. 
 To divide ^^c. 10. The board of police shall have power, and 
 public they are hereby required, to divide the public roads into 
 roads into precincts or districts — direct what persons shall work on 
 an!fdirect ^^^'^ road, SO that no person shall be compelled to work 
 what per- on more than one road, nor more than six days, in any 
 sons shall one veur: Provided, that thev ma v. at their discretion,
 
 BOABDS OF POLICE. 7 
 
 apportion the labor on said roads, having a due regard to work on 
 their public utility. ^^'=^- 
 
 Sec. 11. The board of county police shall annually gjjaiunnu- 
 appoint overseers of roads or highways, whose duty it allyappoint 
 shall be to give three days' previous notice, by himself °^<''^«^e''« 
 or his Warner, by summons, in person or in writing, left ^^^ 
 at their respective places of abode, of all free male per- 
 sons over the age of sixteen and under fifty years of age, Duty of 
 as well as to the owners or overseers of male slaves resi- overseers, 
 ding within their respective precincts, except such per- 
 sons as may be exempt from such service by law, to meet 
 at such times and places as they may appoint, and to 
 bring with them such tools to work with on the road as 
 they may direct; and if any free person so summoned, 
 shall fail to attend or send a substitute to work in his 
 place; or if any slave so summoned, shall fail to attend Penalty for 
 accordingly, or when attending shall neglect or refuse to fai'"''^ ^^ 
 do and perform his or their duty therein, he oi" they ^.^^^j 
 shall forfeit and pay a fine of one dollar and fifty cents 
 per day, for every such failure, non-attendance or refu- 
 sal to work, to be recovered in the manner hereinafter 
 prescribed by this act, and paid into the county 
 treasury. 
 
 Sec. 12. When any overseer shall deem it necessary Overseer 
 to employ teams and ploughs or scrapers on the roads, he mayemploy 
 may agree with any person or persons in his division to persons to 
 furnish the same, who shall be entitled to a credit, that is *"''"^*^i 
 
 t PITHS f)H(l 
 
 to say: For each two horse plough and team with gears piougi^g, 
 and a hand to manage the same, three days' labor; [and 
 for each ox plough and a team of three yoke of oxen and 
 two hands to manage the same, five days' labor;] and for 
 a good and sufficient iron or steel shod scraper, and two 
 horses with a hand to manage the same, four days' labor; 
 for every wagon and four horses, mule or ox team, fur- 
 nished for the benefit of the road, with a liand to man- 
 age the same, four days' labor; and each and every over- 
 seer may, in his discretion, receive on the roads the 
 labor of able bodied female slaves, in lieu of th'; labor of 
 males. 
 
 Sec. 13. It shall he the duty of the overseers of the 
 roads, to make a list of all free persons and slaves by him ^''"" "'.. 
 
 , , , , .'^ , , • t)ort a list 
 
 summoned to work on the road, and to note thereon, spc- of persons 
 cifyipg the names of such free persons, and also the failing to
 
 8 AK ACT TO ESTABLISH 
 
 work to a number of such slaves as may fail to atlend, without a 
 
 justice of reasonable excuse, together with the names of the own- 
 
 the peace ^^^ ^^ overseers of such slave or slaves as may fail to at- 
 
 three days, tend and perform their duty, and rejjort the same to the 
 
 nearest Justice of the Peace, within three days after such 
 
 failure, whose duty it shall be to collect such fine as is ro- 
 
 ProceediKg quired by this act; Provided, That no warrant shall ia- 
 
 thereon. sue until ten days after the return of the said overseer; 
 
 [after which time the return of the overseer] shall be 
 
 final against such defaulter or defaulters, so far as relates 
 
 to the costs. 
 
 Sec. 14. It shall be lawful for any overseer, if requi- 
 Overseer red by a majority of the workmen on the road assigned 
 shall, when him, to lay offsuch road into equal divisions for the ease 
 required, g^^^j convenience of the laborers, who shall finish his or 
 into^divis- ^^eir parts within the time agreed on between him and 
 ions, each free person, master, mistress or overseer; and in de- 
 
 fault of any such agreeing party, the overseer is hereby 
 authorized to cause such part to be finished by the hire 
 of other persons to do the same, and thereon tender 
 his account and demand payment; and on refusal, to 
 sue for the same, and recover the money for his own 
 use. 
 Penalty for Sec. 15. All overseers of roads, who shaM refuse or 
 failure todo neglect to do their duty, as is by this act directed, or who 
 his duty, shall not keep the roads and bridges clear and in good 
 repair, or let them remain out of repair for the space of 
 ten days, unless hindered by extreme bad weather, or oth- 
 er sufficient cause, to be adjudged of by the Justice of 
 the Peace, shall forfeit, for every such offence, the sum 
 of ten dollars, to be recovered as other fines are by this 
 act, and paid into the county treasury. 
 
 Sec. 16. It shall be the duty of every overseer of 
 
 the road, immediately after his appointment, to demand 
 
 Shall de- ^ li^t of every person within his district of all the hands 
 
 mand a list he may have liable to work on roads; which list shall be 
 
 of all the rendered on oatb, to be administered by the said overseer, 
 
 tf'^f^ ','*'" which demand shall be made personal, or in writing left 
 
 ' at the usual place of abode of the person applied to; and 
 
 if any person shall refuse or neglect, for the space often 
 
 days, to deliver a list thus required, to the said overseer, 
 
 such person so refusing or neglecting shall forfeit and
 
 BOARDS OF POLICE. 9 
 
 pay the sum of six dollars for each hand liable to work 
 so refused to be given in or returned. 
 
 Sec. 1 7. It shall be the duty of all overseers of roads, Shall Tviih- 
 xvithin six months after their appointment, to cause to be '"'' '"O'l'l^^ 
 measured the roads of which thev have the supcrinten-"^^'*/"'^''"? 
 
 1 " 1 •/* 1 roaos una 
 
 dence, if not already measured, and to erect, it not ah-ea- ,,,.(,^1 mile 
 dy erected, a post of durable material, at the termination poita. 
 of each mile, marking thereon, in lai'ge Roman charac- 
 ters, the number of miles from the court house or prin- 
 cipal town of their respective counties; and every over- 
 seer failing herein, shall forfeit and pay the sum of five 
 dollars, recoverable in manner hereinafter prescribed, 
 and paid into the county treasury. 
 
 Sec. IS. And every overseer of a road, who shall Penalty oa 
 neglect to replace such post as shall have been destroyed failing. 
 by accident or natural decay, at the regular time appoin- 
 ted for working on said roads, shall forfeit and pay the 
 sum of two dollars for each post thus neglected to be re- 
 placed, to be recovered and applied as hereafter pre- 
 scribed. 
 
 Sec. 19. The overseer of roads, in their respective Shall hsTs 
 precincts, shall, Avithinthe time before mentioned, cause posts crnc- 
 posts to be erected where trees are not convenient, at . "' . " 
 
 ', . ,. ^ ,, IT , -11 1 1 • inlersrction 
 
 the intersection oi ail public roads, with boards and in- ^C pu',,iio 
 dex hands pointing in the dii-ection of such roads, on roads, &.c. 
 which shall be inscribed, in legible characters, the name 
 of the town or place to which they severally lead, and 
 the distance to the same, in computed m.iles; and any 
 person or persons v/ho shall wilfully deface or destroy 
 an}'' such post or index boards, shall, on conviction there- 
 of, forfeit and pay the sum often dollars, to be recover- 
 ed and applied as hei'einafter prescribed; and an}^ over 
 seer of t:.e road, who shall neglect or refuse to put up and 
 keep in complete repairs, the index boards directed in 
 this section, shall forfeit and pay five dollars, to be re- 
 covered and applied as hereinafter direc'cd. 
 
 Sec. 20. The overseers of roads shall be authorized i\^py ^j,,, 
 to employ a suitable person to prepare and paint the ploy ptr. 
 signs to be j)ut up, and each mile post, and likewise index ^o'.'* . "» 
 board=, and present his account tn the board of police for P*'"' *'^'^ 
 allowance; who arc hereby required to order the sanic 
 priid out of fhe funds of the county. 
 
 S'lC. 21. Fjirh o\ersecr of Uio road» sli.ill, oa Ihrf 
 
 boti'.ii..
 
 10 AN ACT TO ESTABLISH 
 
 To make a fii st day of regular Spring and Fall sessions of the board 
 true return qjj- county policc, make a true return to the board of the 
 
 of road &c. ^^'^^'"'^^^^'^ "^^^ ^'^'^ road under his charge — the number of 
 days he has worked on the same — the number of hands 
 under his charge — the number of defaulting hands — and 
 the amount of fines collected ; together with the ability 
 of the hands to keep the road in good repair: and on 
 
 p . failure thereof, he shall be liable to a fine not exceeding 
 twenty dollars, to be sued for, recovered and applied 
 as is provided for in other cases of default in this 
 
 Sec. 22. In all cases in vacation of the board of po- 
 lice, where the appointment of overseer may become 
 to fiT va- "^'^cant, it shall be the duty of the President of the board 
 cancyinva-to fill the Same by appointment; and every person thus 
 catioa of appointed shall be subject to all the penalties of a de- 
 board, faulting overseer in this act, for refusal to serve, or 
 neglect of duty. 
 
 Sec. 23. All roads shall hereafter be laid out by a 
 Roads to be jury of disinterested freeholders or householders, to be 
 laid out by appointed by the board of police, to consist of twelve, 
 ^ ^* who having agreed on a verdict, shall seal up the same, 
 and return it to the board of police. The board shall de- 
 signate the time and place for the meeting of said jury, 
 who being tluly sworn by the Sheriff of the county, shall 
 proceed to lay out said road, and assess such damages aa 
 may be just and reasonable; and the amount of damages 
 (if any,) shall be paid out of the county treasury, by 
 order of said board: Provided nevertheless, that any 
 person or persons who may feel themselves aggrieved by 
 the verdict of said jury, shall make his objection to the 
 same before the board of police, who shall make such 
 order as they may deem just and equitable. 
 
 Sec. 24. It shall be the duty of the sheriff to give 
 pv .p. each juror at least five days notice of the time and place 
 Bhall give designated for their meeting; and any juror failing or 
 notice to refusing to attend such meeting, shall be fined by the 
 juror. board of police, at their next meeting, in a sum not ex- 
 
 ceeding ten dollars: Provided always, that a reasonable 
 excuse may be received by said board. 
 
 Sec. 25. All roads now laid out and opened accord- 
 lued public '^^% ^° ^^^ provisions of this act, shall be deemed public 
 fpiuXir rpad^, and shall be at least ten and not more than th'rty
 
 BOARDS or POLICE. 11 
 
 feet wide. The width of the road shall be specified to 
 the respective overseers, and when they may deem it ex- 
 pedient to make or repair causeways over the same 
 roads; they shall be at least sixteen feet wide, and the 
 earth necessary to raise and cover the said causeway, 
 [shall be taken from each side of the cuuseway,] so as 
 to form a ditch on each side of the same. 
 
 Sec. 26. The overseers of each and every road with- Q^^^^^g^ 
 in this state, for the time being, is hereby authorized to authorized 
 appoint one white male person liable to WLrk on the toflppointa 
 road, by giving him notice in writing, together witli a pers"" to 
 list of all the hands liable to work on the road, whose Iq^™^^" 
 duty shall be to warn all hands within the overseer's road 
 district, in the same manner, and under the same pen- 
 alties as the several overseers are by law directed to do; 
 and it shall be his duty to return the said list upon oath 
 to the overseer, designating the hands warned, under the 
 penalty of ten dollars, to be recovered before any justice 
 of the peace, and to be accounted for and applied as other 
 fines and penalties as directed by this act; and the person 
 appointed by the overseer to warn the hands and doing 
 his duty, shall be exempt from working on the road for 
 that time. 
 
 Sec. 27. When any bridge is necessary over any When 
 stream, and the overseer with his hands cannot conven-^'^^.^'^^ '^^ 
 
 ienti v make the same, the board of police shall, and thev ^° 'f^ Vr . 
 .- , 1-11 1 - contract for 
 
 arc hereby authorized and empowered, to contract ior thehuiliiing 
 the building and keeping the same in repair; and when of bridge. 
 it shall be necessary over any creek or river which di- 
 vides one county from another; the board of police of 
 each county shall join in the agreement for building, 
 keeping and repairing the same; and the charge thereof 
 shall be defrayed by both counties, in proportion to the 
 number of taxaliles in each. 
 
 Sec. 28. All and every contract and agreement of AW con. 
 the board of police of any of the counties in this State, |"'"^^^'^*^"^* 
 entered into or made for or concerning the building, i°e'^p.^i(fa! 
 keeping or repairing of bridges, in sucli manner as to gainst them 
 them may seem meet and j^roper, shall be good against unJ ilicir 
 them and their successors in ollicc. eucccsBora. 
 
 Sec. 29. The clerk of the board of police in each and qi^^j^ gj^^u 
 every county in tliis state, is hereljy authorized to issue issue bi» 
 his warrant on the county treasury of his county, for 'vyirant ok
 
 ^^ AN ACT. TO ESTABLlSEt 
 
 oonntytrea- any allowance made by said board, and the treasurer 
 •'^'''" of sa'd county is hereby authorized to pay the same 
 
 out of any money in the treasury not otherwise ap- 
 propriated. 
 
 Sec. 30. The boards of county police, throuo;h whose 
 counties run large water courses or creeks, which, from 
 Jr"l^Z!!'''^^^^^'' rapidity and width of the stream, may be too bur- 
 res to con- ^''cnsome to bridge and keep them in repan',by a tax on 
 tract for f ^^ inhabitants, shall be and they are hereby authorized, 
 the build- if they deem it necessary, to contract with builders to 
 brfl-c3 'oJ ^"^-^ ^°^^ bridges or extensive causeways, for each of 
 caufewajs^ wiiich the board of police are hereby authorized and re- 
 quired to fix a certain toll on persons, horses, carriages, 
 cattle, sheep and liogs passing over tlie some, andtlie 
 revenue arising therefrom shal! for such a number of 
 years as the said board of police may agree upon, be 
 granted unto the builders of such bridgesor causeways, 
 their heirs and assigns for the time agreed on, and it shall 
 be the duty of the undertaker or undertakers to keep 
 such bridges or causeways in constant repair: and in de- 
 fault thereof for one month, at any one lime, he, she or 
 they shall forfeit all right and title to tl;e tolS of such 
 bridges and cau.-'evvayg as allowed b3' the board of police: 
 Provided nevertheless, tliat the board of police may 
 make allowance for any accident, high water or fire, as 
 they may deem proper. 
 IfhriJgo or See. 31. If any bridge or causeway, or any public 
 i-auseway road be at any time so damaged by high water or other- 
 byhl^h wa T'^^'^^ ^° ^'^"*^^^' it dangerous for travelers to go over 
 tcr, "over- ^'^^ same, it shall be the duty of the overseer of the road 
 «eer shall fof the district in which such bri;lge or causeway may 
 f'^'h °d- '^^ situated, to order out tlie working hands allotted to 
 tyr^pai'the ^''^^ ^'Strict, or SO many of them as may be necessary to 
 tajae. repair the same immediately, although they m-ay have 
 
 previously worl-'ed six days on the public highways; 
 and if any overseer shall neglect so to do, being so com- 
 manded by one of tlie board of police iii writing, it shall 
 bithe duty of said member of police to employ a suffi- 
 cient number of hands to repair such bridge or cause- 
 way; and all j-easonable charges for such repairs, shall ba 
 repaid by such overseer to said member of police; and 
 i: said overseer fail to repay such sum as may be re- 
 quirej and paid by the same member of police, to return
 
 BOARDS Oy POLICE. IS 
 
 the amount to the next police board wlio shall enter 
 judgment against such overseer. 
 
 Sec. 32. If any pei-son shall fell any bush or tree in- Penulty for 
 to any public highway, or obstruct the same in any man- obstructing; 
 ner whatever, and shall not remove the same within ^^ "^^•''" 
 twenty-four hours, it shall be deemed a nuisance; and 
 every person so offending, shall forfeit and pay two dol- 
 lars for every twenty-four hours such obstruction shall 
 so remain. And the overseer of the district where such 
 may be, is hereby required to remove the same, and 
 charge the same to such oflender, and also return the 
 number of days such obstruction so removed across said 
 public road to the board of police, who may pass judg- 
 ment not only for the charges paid by the overseer, but 
 for the number of the days the offender suffered such ob- 
 struction to remain unremoved. 
 
 Sec. 33. If any person refuse to serve on any road Pcnpltr for 
 as an overseer, agreeable to the order of the board of po- leiisin? to 
 lice of his county, he shall for.eit and pay the sum of fif- ^'^'^'^ "*. 
 ty dollars, ru^coverablc before any court having jurisdic- ^^^^ 
 lion of the same; and every overseer who may refuse to 
 serve, shall, within ten days alter tiie receipt of his ap- 
 pointment, nolify the same to the president of the board 
 of police of his refusal or non-acceptance, under the pen- 
 alty ol" t .n dollars, to be colIccLcd and applied as other 
 fines a:Kl penalties under this act; and the president of 
 the board upon receiving sue h notice, shall be, and he 
 is hereby auihorizeu and required to appoint a successor 
 to serve for the residue of the term: Provided, That 
 no person shall be comj)ellcd to serve more than one year 
 in three. 
 
 Sec. 34. The clerk of the board of county police Penalty <in 
 shall, within ten days after liie appcintn^ent of any ovei-- '^l*''''^„. ^"** 
 «ecr of a road, deliver a copy of the order to the Sherifl 
 of the county, inKJer tlie j^enalcy '..f five dollars; and the 
 Sheriff shall, williin ten days after the receipt of such 
 order, deliver the hame to the overseer, under tlic like 
 penalty; and each clerk shall, once in every year, fix uj) 
 in his court house a list of the names and piecincts of nil 
 the overseers of roads in his county, untler the penalty of 
 ivn dollars, for each neglect. 
 
 Sec. 3">. Vo person shuil lur.n. alter or change any No ron.n-o 
 public road, Ulile^•5^ il be bv the order of tlic bo;ird of char.g".-*!
 
 14 AW ACT TO ESTABLISH 
 
 but by or- county police; nor shall any old road be shut up, until 
 der ot tnej.j^g overseer shall certify to the board of police that the 
 police. ^^^^ road is, in all respects, agreeable to the requisition 
 
 of the law. 
 Board of po Sec. 3C, The board of county police of each and 
 lice requir- every county in this State, shall have full power and au- 
 pel'ovvneTs ^ho^'ity? and they are hereby required to compel all per- 
 of ferries & sons who now are, or hereafter ahall be authorized to keep 
 toll bridges a pubUc, ferry, or who shall own a bridge I'ecciving toll 
 to giveiiond -^yij-iiij-^ gr^jj county or counties, to give bond and securi- 
 sec ri- ^y .^^ g^^^j^ ^^^^ ^^ ^j^^ board of police may require, to the 
 President of the board of police and his successors in 
 Condition office, with condition tha' he, she or they shall and will 
 of bond constantly find, provide and keep good and sufficient 
 boats, or other proper crafts, and keep such bridges and 
 causeways in good repair, also the banks on each side of 
 the water courses, a? the case may be; and always to bo 
 well attended for travellers or other persons, to carry or 
 pass their horses, carriages and effiscts over any river or 
 creek, or over any such bridge or causeway; and if any 
 person shall sustain damage by any ferry-man or keeper 
 of a toll bridge or causeway, not having complied with 
 the condition of his bond, the person sustaining such 
 damage may bring an action of debt against such ferry- 
 man or bridge keeper on such bond, in the name of such 
 President and his successor in office, and recover for 
 such non-performance of the said condition, so much 
 damage as he, she or they sliall appear to have sustained, 
 thereupon take out execution for whatever shall be re- 
 covered, and apply the same to his, her or their use; and 
 it shall and may, be lawful for any person detained at 
 Damages any public ferry, by reason of such ferrymen not having 
 may bn re- sufficient boats, and other proper crafts and hands, or by 
 covers . neglecting his duty, to make application to some Justice 
 of the Peace, who is hereby lequired to issue his war- 
 rant and impose such fine on said ferrymen, not exceed- 
 ing ten dollars, as to such justice may seem just and equi- 
 table; Pro y^'t/e a?, that an) such recovery shall not extend 
 Proviso. 1^0, or be deemed to bar any action for personal damages 
 sustained by any person or persons by reason of the in- 
 sufficiency of the said ferries, boats and bridges thereat. 
 
 Proceeding Sec. 37. Be it further enacted, That whenever it 
 aa refusal ■ , t -i ■ • r • i 
 
 IS necessary to build or repair any bridge or causeway.
 
 BOARDS Off FOLICS. iS 
 
 the overseer of the road upon which such bridge orofo^nerof 
 causeway is to be erncted or rcj-inired, shall apply to the ?"^t°g'^» 
 proprietor of the land upon which such causeway or building 
 bridge is to be erected or repaired, for the timber ne- bridges or 
 cessary for such bridge or causeway; and if said pro- causeway*.^ 
 prietor shall refuse to permit said overseer to take from 
 his land the timber necessary therefor, it shall be lawful 
 for him to take and use so much as is necessary. Pro- 
 vided, That he shall, within ten days after taking the 
 same, summon seven appraisers, who shall assess the 
 value of the timber thus taken and applied to repairs of 
 the road; and the amount so assessed shall be paid to 
 tlie proprietor out of the county treasury, upon the cer- 
 tificate of the overseer taking and using the same. %^nd 
 provided further, That the parties shall not be de- 
 prived of the ri<!,ht of appeal to the circuit court, and 
 a constitutional trial by a jury. 
 
 Sec. 08. The toll of ferries, bridges, or causeways rr, ii - 
 that are, or hereafter may be established, shall, at all ferries"' and 
 times be subject to the regulations of the board of po- bridges sub 
 lice of the county in which the same may be kept; and ject to 
 evcrv keener of such ferrv, bridcje, or cnusevvav, who ''°f.''" °^ 
 shall presume to charge or demand more than what the ^ 
 board of police may have allowed, he shall forfeit and 
 pay, for every such offence, the sum of ten dollars, to 
 be recovered before any justice of the peace of said 
 county, by any person, of whom such demand may be 
 made. 
 
 Sec. 39. If the owner or owners of the soil, where 
 any public ferry now is, or may be hereafter established, J .u^"^"^! 
 shall refuse or neglect, until the expiration of the next on wliicli a 
 regular term of the board of police, from and after the ferry is es- 
 cstablishment of said ferry, to give bond and security, ta^'"^''^^'/° 
 according to the provisions of this act, then and in that ."^"j °, ^'^j 
 ■case, it shall be lawful for the said board, and they are of police to 
 hereby authorized and required to let out the keeping let out the 
 of the same to any person or persons, who will engage ^^"^^ 
 to keep the same for the toll and rates fixed on by said 
 board. The person or persons so engaging to keep the 
 same, to give bond and security according to law. 
 
 Sec. 40. In all cases when the board of police of any O'^"" °^ 
 
 1 11 • 1 1 . ,.11 • r 11- FOll to liavi* 
 
 roiinty shall intend to let out the keeping ol any public J^.{^^.^l 
 ft'rry, they «hall give the refusal thereof iu the owner of
 
 16 A--* Ayr TO ESTABI-ISH 
 
 the sdU at wliich the said ferry is established; «nd if tlic 
 owner or owners refuse or fail or nea;lect to give bond 
 and security as required by the board of police, it shall 
 and may be lawful for the board to let the same to any 
 person or persons for a limited time, as may be fixed on 
 by the board of such county, and renew the same from 
 time to time, as they may deem fit; but the term fixed, 
 in no case shall exceed ten years, unless the same is 
 granted to the on-ncr or ov,-ners of the soil in which the 
 ferry is established. 
 
 Sec. 41. It shall not be lawful for any master of a 
 obsiructin'cr'^ vessel, or other person, to obstruct, or cause to be ob- 
 • navigable structcd, any of the channels or passes of the navigable 
 •tream. Bays, liivers, or Creeks, in this State, or in any man- 
 ner whatever obstruct the free navigation thereof. The 
 * person or persons so offending, shall be fined by the 
 
 board of police, in the county where the same may ac- 
 crue, in a sum not exceeding twenty dollars. 
 
 Sec. 42. In all cases where fines and forfeitures, for a 
 Jurisdic- less sum than fifty dollars, shall become due from any 
 tion of a person under the provisions of this act, the same shall 
 
 jus ice 1^ sued for and recovered, before a justice of the peace, 
 toe peace. . ' r i • 
 
 ot the proper county, m the name oi the person sumg 
 
 for the same; and it shall be the duty of the President 
 
 of the board of police to return to the District Attorney, 
 
 at each term of the Circuit Court, a list of all defaulters, 
 
 from whom fines and forfeitures shall become due, to a 
 
 larger amount than fifty dollars; and it shall be the duty 
 
 of the District Attorney to sue for and recover the same 
 
 bv action of debt, in the name of tlie President of the 
 
 Fines and board of county police. 
 
 forfeitures Sec. 43. All fines and forfeitures, accruing and recov- 
 
 to be paid erable under this act, shall be paid into the county 
 
 nto county t[.gj,j5my fQj. county purposes. 
 
 Sec. 44. That all costs necessarily incurred in the re- 
 Costs to be covery and collection of fines and forfeitures accruing 
 paid out of as aforesaid, shall be certified by the clerk or other offi- 
 the county per, to the board of police, who shall order the same to 
 treasury. ^^ ^^^^ ^^^^ ^^ ^-^^ county treasury. Provided, the 
 
 board are of opinion that such allowance ought to be 
 made. 
 
 Appealt ^®^* '^^' ^^ ^^^^^' ^^'^ ^^^^y b^ lawful for all persons 
 
 may be who feci thempclvps aggrieved by the judgment of the
 
 BOARDS OF POLICE 17 
 
 board of any county, to appeal, by bills of exception or made lo 
 certiorari, to the Circuit Court of his county; which ^'"^"'^ 
 appeal shall be taken during the term of the board at 
 which judgment is entered, or at the next succeeding 
 regular term thereof, and not after. 
 
 Sec. 4G. In cases when appeals are prosecuted in the President 
 Circuit Courts, the President of the board of police of the board 
 shall defend the same; and all expense.: or money paid to defend 
 by him, shall be repaid by the proper county, by order *^® *^'"*- 
 of said board of police. 
 
 Sec. 47. The board of county police shall have power, 
 at their discretion lo authorize any owner of lands Board of 
 through which any road may pass, to erect gates across police may 
 the same, of sufficient width t.; allow the safe and easy authorize 
 passage of all wheeled carriages, upon such conditions j^^^j' ^^ ^ 
 to keep them in good repair, and under such restrictions rect gatoa. 
 as the board may deem proper. Provided, That no 
 gate shall be erected across any road in the route of the Proviso. 
 United States mail; and if any person shall purposely 
 or negligently leave any of said gates open, he shall be 
 fined the sum of five dollars, lo be recovered with costs 
 before any justice of the peace of the proper county, for 
 the use of the county, and shall moreover be liable in 
 damages to the person or persons injured thereby. 
 
 Sec. -43. The jury of review, before they enter upon 
 the duties assigned them, shall take the following oatli or 
 affirmation, to be administered by the Sheriff of the 
 county, or his deputy: You and each of you do solemn- '-'^^J^ ''^j"" 
 ly swear tliat you will lay out the road now directed to 
 be laid out by the board of county police to the greatest 
 advantage to the inhabitants, and with as little piejudice 
 as may be to inclosures, without fa\ or or affection, malice 
 or hatred, to the best of your skill and knowledge — So 
 help you God. 
 
 Sec. 49. The said board shall have power to fix the ,j^°'^^ 
 rates, if any, which shall be allowed to the clerk and in- ihe fees of 
 spectorsof elections; and all accounts for sucli services clerks of e- 
 phall be examined and allowed by the said board, and I'^ctiona. 
 shnll be paid out of the county treasury of the prop-'r 
 county. 
 
 Sec. 50. ^^nd he it further enacted, That all acts Repealinu 
 and parts of acts coining within the purview and mean- clause, 
 ing of this act bcind the same are hereby repealed. 
 
 Approvjed, March 2, 1833.
 
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