Road System

Sec. 2. That the commissioners' court shall have full power and authority, and it shall be their duty, to adopt such system for working. laying out, opening up, changing, discontinuing, draining and repairing the roads as they deem best, and from time to time the court may change their plan or system of working. The commissioners' court shall have the power to purchase such teams, tools and equipment as may be necessary for working the public roads. Said court shall have the power to construct, grade or otherwise improve any road or bridge by contract. In such case said court or-county judge acting under the court's instructions may advertise in such manner as said court may determine for bids to do the work, and the contract shall be awarded i(i the lowest responsible bidder, who shall enter into bond payable to the county judge, or his successors in office, for the use and benefit of the road and bridge fund, with two or more good and sufficient sureties to be approved by the commissioners' court, or its duly authorized agent, in such sum as said court may determine for the faithful performance of the terms of the contract, but said court or its agent aforesaid shall have the right to reject any and all bids.

At the time of making such contract, the court shall direct the county treasurer to pass to the credit of such contract, for the purpose of paying it when the terms thereof are complied with, such money as may be necessary. The county treasurer shall keep an account of all moneys coming into the road and bridge fund, and under no circumstances shall any or all of it be transferred to other accounts, or used for any other purpose than making and repairing public roads and bridges. The commissioners' court shall have the authority to employ any hands and teams on the public roads, under such regulations 'and for such prices as they may deem best.

Sec. 3. The commissioners' court may require all county convicts not otherwise employed to labor on the public roads under such regulations as they may prescribe, and each convict so worked shall receive a credit on his fine first, and then cost, current wages less the expense of guarding and boarding him ; and providing further, when the convict shall perform faithful service and give no trouble by rebellious or disorderly conduct, he shall receive a commutation of time amounting to ten per cent of fine and cost if less than twenty-five dollars, and twenty per cent if more than twenty-five dollars and less than fifty dollars, and for all amounts over fifty dollars thirty-three and one-third per cent. In which event, the fine and the cost shall share alike in receiving the commutation, and when the convict shall have discharged his obligation in full by labor and good conduct, the commissioners' court shall allow the fine to the proper fund and the cost to the officers as it may appear from the road and bridge fund. The commissioners' court shall provide the necessary food, bedding, prison, medicine and medical attention necessary to maintain health and comfort of the convicts. Shall also direct the guards and keepers of convicts to maintain order and discipline by placing on bread and water such refractory convicts as will not work and behave themselves, when such punishment is being administered it shall be done with the knowledge and under the advice and control of the county physician, under no circumstances shall the bread and water treatment extend for more than seven consecutive days when the regular ration shall be allowed for seven days and the punishment resumed in case the offender fails to come to terms. A reward of $5.00 shall he given for escaped convicts, to he paid out of salary of guard who permitted the escape. Every escape shall be charged up to the guard at $5.00 each.

Sec. 4. When to the commissioners' court it may appear expedient to use timber, earth, stone, clay, gravel or other necessary material convenient to and near the public road it may do so, hut in such case, if the owner thereof demand it, a reasonable compensation shall be paid out of the road and bridge fund, to he agreed on between the owner and the court.

Sec. 5. It shall be the duly of the commissioners' court to classify all public roads into first, second and third class roads.

Sec. 6. First class roads shall consist of at least four roads in the county leading north, south, cast and west from the county seat to the county line, shall be clear of all obstructions, not les« than forty feet and not more than sixty feet wide. Stumps shall be cut six inches high and well rounded off, the road bed on clay hills and swamp land shall be twenty-four feet between drain ditches and grade cross section of two feet shall be maintained as nearly as possible. Bridges shall be sixteen feet wide, from specifications approved by the commissioners* court.

Sec. 7. Second class roads shall be not less than thirty feet wide, with twenty feet between drain ditches, and a cross section grade of twelve to twenty inches on hills and swamps according to circumstances, stumps to be cut as provided in Section 6. Bridges twelve feet wide and built as provided in Section 6.

Sec. 8. Third class roads shall not be less than twenty-five feet wide, sixteen feet between drain ditches and graded as in second class roads.

Sec. 9. The owners of land through which any third class road may be located, may have the right to place gates across the road not less than ten feet wide, open at the top and swing so as to open and shut easily, provided with good latches and provided that a block or stump two feet high shall be located within twenty feet each side of the gate, to assist in mounting or dismounting where travelers are on horseback.

Sec. 10. At the first meeting of the commissioners' court after this Act shall have taken effect, or as soon thereafter as practicable, the court shall lay off the county into convenient road precincts, classify and number each precinct, and in order of establishing same, shall specify as definitely as possible the boundary thereof.

Sec. 11. An overseer shall he appointed and hands appointed by the said court for each road precinct at the time of establishing same, and at the first regular term of the court in each year the court shall appoint an overseer for each road precinct in the county, and at the same time shall designate all hands liable to work on the public roads and apportion them to the several overseers; provided the road commissioner hereinafter provided for in whose jurisdiction a road may be, may transfer in writing a hand or hands from one road precinct to another, making such notation on the road overseers' commission as will prevent confusion, and provided, further, that the road overseer or road commissioner may add the name of any man subject to road duty to the commission of any overseer in whose precinct he resides.

Sec. 12. If for any reason the court shall fail to appoint overseers, as provided for in the preceding Section, at the first regular term in each year it shall he competent and legal for said court to perform such duties at any subsequent term, regular or called.

Sec. 13. In case of death, removal or other inability to act of any road overseer, it shall he the duty of the road commissioner of the precinct to immediately appoint an overseer to fill such vacancy, who shall be notified of his appointment by the said commissioner.

Sec. 14. It shall be the duty of the clerk of the commissioners' court to make out copies of all orders appointing overseers in duplicate and deliver the same to the sheriff of the county within ten days after suck order shall have been made, endorsing on such copies the date of the order of the appointment.

Sec. 15. All orders appointing road overseers shall embrace the designation of hands liable to work the road under such overseer as far as known, and shall .specify the boundaries of such overseer's precinct as laid off by the court.

Sec. 16. The sheriff shall within twenty days after the reception of copies of any orders appointing road overseers, deliver or leave at the usual place of abode of such overseer one of such copies and deliver the other copy to the county clerk, endorsing thereon the date and manner of service, and if not served, the cause of his failure to serve the same.

Sec. 17. It shall he the duty of persons appointed as overseers who are lawfully exempted from such service, to notify the county clerk of his non-acceptance within ten days after being notified of his appointment.

Sec. 18. Upon notice to the' clerk, as provided in the preceding Section, the clerk shall forthwith report the same to the road commissioner in whose precinct the vacancy occurs, who shall appoint another overseer for such vacancy, provided, that notice of non-acceptance may be given direct to the road commissioner, who thereupon shall have the same power and it shall be his duty to make said appointment of another overseer.

Sec. 19. Should any person appointed road overseer who is lawfully exempt from service fail to notify the clerk or road commissioner of his non-acceptance within ten days from date of being notified of such appointment, it shall be considered an acceptance of appointment, and he shall not thereafter be permitted to plead his exemption from road duty as a defense against any failure or neglect to perform any of the duties of such overseer.

Sec. 20. It shall be the duty of the clerk to insert on the copies of all orders of appointment of road overseers issued by him. the duties required of overseers in regard to their non-acceptance of such appointment.

Sec. 21. Whenever any stream is a dividing line between Upshur and any other county, it shall be lawful for Upshur county, through its commissioners' court, to assume one-half the cost of such bridges as are necessary for the convenience of the traveling public.

Sec. 22. The members of the commissioners' court shall be ex-officio road commissioners of their respective precincts, and under the direction of the commissioners' court shall have charge of the teams, tools and equipment belonging to the county. Shall personally superintend the road overseers, advise the road overseers of the amount of money available for use on his section of road, approve all warrants for labor or material made by the overseer, and otherwise see that the roads are kept in as good condition as the money and labor available will permit.

ADDITIONAL ROAD TAX.

See. 23. It shall be the duty of the commissioners' court upon the passage of this Act to order an election in Upshur county to be participated in by all qualified property tax paying voters, to determine whether or not an additional fifteen cents on the one hundred dollars worth of property shall be levied and collected for the maintenance of roads in said Upshur county. The General Laws of the State shall control such election, the tickets shall have printed on them "For the additional road tax of fifteen cents on the one hundred dollars worth of property/' and "Against the additional road tax of fifteen cents on the one hundred dollars worth of property." The expense of the election shall be borne by the county, returns made and results declared as in other elections. In the event the election is in favor, by majority vote, of the additional tax, the commissioners' court shall notify the proper authorities and have the levy made and collected as other taxes.

BONDS.

Sec. 24. Upon the petition of fifty or more resident property tax paying voters of Upshur county to the commissioners' court of said county, said court shall have the power and it is hereby made its duty at any regular or special Cession thereof to order an election to be held in said county to determine whether or not bonds of said county shall be issued for the purpose of the maintenance of the public roads of said county. And at such election there shall also be submitted to such resident property tax paying voters the question whether or not a tax shall be levied upon the property of said county for the purpose of paying the interest on said bonds and to provide a sinking fund for the redemption thereof. The amount of bonds proposed to be issued with the rate of interest thereon and date of maturity shall be stated in the order of said election and the notice thereof; provided that the amount of bonds issued under the provisions hereof shall at no time exceed such sum when considered in connection with other indebtedness of the county against the road and bridge fund, as the tax authorized by the general law for road and bridge purposes and the additional tax authorized by Section 23 hereof, together will not provide a sufficient' fund to pay the interest and provide a sinking fund for the redemption thereof. And the commissioners' court of said county is authorized to use and apply as a basis for said issue of such bonds the tax allowed by general law for road and bridge purposes and the additional tax provided in Art. 8, Sec. 9 of the Constitution of Texas as amended in 1890.

Sec. 25. Only qualified voters who pay a property tax in the 'bounty shall be permitted to vote at said election. And all voters desiring to support the proposition to issue bonds shall have written or printed on their ballots the words, "For the issuance of bonds." and those opposed shall have written or printed on their ballots the words, "Against the issuance of bonds"; provided at the same election both questions may be submitted, that is, whether an additional tax of fifteen cents shall be levied as provided in Section 23 hereof and whether bonds shall be issued as provided herein. The notice to be given and the manner of holding; said election shall be governed by the General Laws of the State regulating elections.

Sec. 26. If at such election a majority of the votes cast shall be "For the issuance of bonds," then it shall be the duty of the commissioners' court of Upshur county to issue the bonds as authorized by said election and they shall be designated "Upshur County Road Bonds." And said bonds shall, except as herein provided, conform in all respects to the provisions of Title 18, Chapter 1 of the Revised Statutes of 1911.

Sec. 27. It shall be the duty of the county treasurer to receive such funds as provided for in the preceding Sections and deposit it with other funds to the credit of the roads and bridges, and not to pay the same out except on warrants issued for labor performed and material furnished on the several roads of the county upon itemized accounts endorsed by the road commissioner and approved by the commissioners' court.

Sec. 28. The commissioners' court shall from time to time make such allotment of funds to the several precincts as the general road and bridge fund may be able to bear, always reserving thirty per cent of the fund for emergencies that may be occasioned by storms, washouts and natural wear and tear of bridges. The emergency reserve of thirty per cent may be used on any road where there is a demand arising from extraordinary circumstances, such as storms, washouts and repairs on or new bridges. The commissioners' court shall from time to time furnish each road commissioner a list of road precincts in his district, with name of overseer and amount of money available for each precinct.

Sec. 29. The road commissioner shall notify the several road overseers of his district of the amount of money available for his road, and shall agree with said overseer where labor shall be employed for betterment of his road.

Sec. 30. The road overseer when notified of the funds at his disposal and when agreement is made with road commissioner as to the character of work and place where work is to be done, shall proceed to employ such men, teams, tools and buy such material at current prices as agreed on with said road commissioner, and when the work is done and material furnished, to issue his itemized account in detail of labor and material, said account to be countersigned by the road commissioner and approved by the commissioners' court and payable by the county treasurer to the original person in whose favor the account was made. On proper proof of death or disability of claimant, the commissioners' court may order the warrant paid without the personal attendance of the party in whose favor the warrant is drawn.

Sec. 31. The road commissioner shall receive for his services as such the same per diem compensation he receives as a member of the commissioners' court, provided the total compensation as road commissioner shall not exceed $135.00 per quarter of each year.

Sec. 32. The road overseer shall receive for his services the sum of one dollar and fifty cents per day, provided that he shall not collect anything for the first five days he serves, the same being the time he is taxed as hereinafter provided for.

Sec. 33. It shall he the duty of the county commissioner when acting as road commissioner to inform himself of the condition of roads in his district; he shall have jurisdiction over road overseers, shall advise with said overseers as to the work to he done, shall countersign all accounts authorized to be issued by the road overseer, fill vacancies by appointment of road overseers, transfer hands from one road precinct to another when the interest of the system demands it, deep account of the allotment of men and money to each road precinct, examine and approve or disapprove all contract work done by and between the commissioners' court and any contractor for any road and bridge work in his precinct and twice in each year at the August and February terms of the commissioners' court make a detailed report to the commissioners' court of all the work done in each road precinct, the material bought and from whom, all work, material, or other things of value received, and to whom and for what purpose all warrants are issued. Said reports to show the unexpended balance to the credit of each precinct and the condition of the roads at the time the report is made, said report shall be sworn to before some officer authorized to administer oaths, the form of the oath shall be: "I solemnly swear or affirm that the above and foregoing report is true and correct to the best of my knowledge and belief, so help me God."

Sec. 34. The report provided for in the preceding Section shall be submitted to the grand jury ;it its first sitting after report is made; should there appear any irregularity in said report, the grand jury shall investigate the Fame and report to the district judge by indictment or otherwise such conditions as the report may show.

Sec. 35. The term of service of the road overseer shall be from the time of the service of the order of the appointment until the first regular term of the commissioners' court in each year or until his successor is appointed.

Sec. 36. No person shall he compelled to serve as road overseer who is lawfully exempt from road duty, nor shall any one be compelled to serve as road overseer more than one year in three successive years.

Sec. 37. Each overseer shall have full control of all hands in his road precinct and shall see that each hand when called out shall perform a good day's work, and if any hands when so called out shall fail or refuse to do a good day's work or work in a manner the overseer may direct, he shall he liable to the same penalty as if he had failed to appear in obedience to the summons.

Sec. 38. Each road overseer may when agreed on by the road commissioner contract with any person liable to road duty on his road who may he the owner of a team or teams, for the use of such team on his road and allow two days' road service of man for one doable team with wagon or plow.

Sec. 39. The road overseer shall have the power to call out all persons liable to work the road at any time the overseer may deem necessary, not less than twice in each year, and whenever directed so to do by the road commissioner, and such hands may be called out without reference to the whole number of hands for any specific work sought to be done.

Sec. 40. In case any person not designated on the road commission lives in any road precinct, his name may be added to the list on road commission and summoned and work as though his name appeared on the original list of hands.

Sec. 41. Jt shall be the duty of the overseer to give two days' notice by summons in person or writing left at the usual place of abode of such person summoned, stating the time and place where such person is required to appear, designating tools to work with and the number of days required.

Sec. 42. If the summons be in writing it may be served by leaving the same at the usual place of abode of the person summoned with some person residing at such place who is not less than ten years old, or by posting the same on the door of such place of abode.

Sec. 43. The overseer may appoint some one to summon the hands to work on the road and such person shall be exempt from road service for a time equal to the same time engaged in summoning the hands.

Sec. 44. It shall be the duty of the road overseer within ten days after he had worked his road to file with the county attorney of the county or the justice of the peace of his precinct, a complaint in writing and under oath against each person who has been summoned and failed to work or who has not furnished a satisfactory substitute or had not paid $1.00 for each day summoned, as herein provided for. or in case of sickness or disability is excused by two-thirds of all the road hands present.

Sec. 45. Index boards and mile posts shall be placed at proper places, showing the number of miles to Gilmer and the place to which intersecting roads may lead.

Sec. 46. Overseers of roads may receive money in lieu of work as herein provided for. and in such ease shall spend the same for labor or material to better the road.

Sec. 47. It shall be the duty of each road overseer to make a report in writing to the road commissioner twice in each year, on the first day of August and February, giving the number of hands and their names in his precinct liable to work the road, the number of days he has caused his road to be worked since the date of last report, the amount of money received and from whom in lieu of work, and how much money was expended and to whom paid out and for what purpose and amount of cash on hand, and the condition of each road and all bridges thereon.

Sec. 4.8. Overseers shall dismiss from the, road any hand or hands, whether working for themselves or as substitutes for others, who shall fail or refuse to do good and efficient work, or dismiss any hand he may deem intoxicated or shall refuse or fail to obey any reasonable order of the overseer, and the overseer shall proceed against such hands in the same manner as if he had refused to obey the summons to work on the road.

Sec. 47. All male persons in Upshur county between the ages of twenty-one and forty-five rears old shall be liable to work the road five days in each year, except ministers of the gospel in active discharge of their calling, invalids and members of all volunteer fire companies, who shall be exempt.

Sec. 50. No person shall be compelled to work the roads who had not resided in the county fifteen days next preceding the date of the summons.

Sec. 51. Any person liable to road duty who has been summoned to work the road shall have the privilege of furnishing an able-bodied substitute to work in his place, which substitute shall be accepted by the overseer, if he is capable of performing a reasonable amount of service, otherwise he shall not be accepted.

Sec. 52. Every person liable to work the road by paying his overseer at any time before the time appointed to work the road $1.00 per day for each day he is summoned to work, shall be exempt from penalties for failures to so work.

Sec. 53. It shall be the duty of each road hand to perform his duty as such in accordance with the directions of the overseer and a day's work within the meaning of this law shall be eight hours' efficient service when said service is voluntarily performed.

Sec. 54. No person shall be compelled to work the road more than five days in any one year.

Sec. 55. Any person liable to road duty in Upshur county who shall pay to the county treasurer the sum of five dollars on or before the first day of February of each year, shall be exempt from all road service for the current year. The county treasurer shall receive and receipt for all moneys so paid him and shall place the same to the credit of the road and bridge fund, and as soon as practical furnish each commissioner with the names of all persons in his precinct so paying.

Sec. 56. All persons who haul logs over the public roads of this county shall be subject to a special tax of twenty dollars per wagon per year where more than one mile of the public road is used, and on refusal to pay such tax to road overseer shall be liable for the cost of repairs to bridges broken by such log wagons and for such other damages as may be done the road.

Sec. 57. If any person shall willfully obstruct or injure in any manner or cause to be obstructed or injured in any manner whatsoever, any public road or bridge or any street or alley in any incorporated city or town, he shall be fined in a sum not exceeding $500.00.

Sec. 58. If any person shall ride or drive over any bridge belonging to Upshur county or to any municipality or private corporation faster than a walk lie shall he fined in a sum not exceeding $100.00.

Sec. 59. Any person who shall knowingly or willfully destroy, injure or misplace any bridge, culvert, drain, sewer, ditch, signboard, milepost or tile, or anything of like character placed upon the road for the benefit of same, shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not more than $500.00, and shall he liable to the county and any person injured for all damages caused thereby.

Sec. 60. [f any person shall willfully obstruct any public ditch or shall willfully divert the water from its proper channel, he shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in any sum not less than $5.00 nor more than $500.00, and in addition shall be liable for all damage accruing thereby to any person, firm, or corporation or county for such act.

Sec. 61. Any person subject to road duty who shall fail or refuse to serve as road overseer of any public road in his precinct when duly appointed as overseer by the commissioners' court shall be fined not less than $10.00 nor more' than $50.00.

Sec. 62. If any road overseer of a public road in this county shall fail or refuse to perform any duty imposed upon him, or neglect to keep the roads, bridges and causeways in his road precinct clear of obstructions and in good order, or shall willfully suffer such roads, bridges or causeways to remain uncleared and out of repair for twenty days at any one time, he shall be fined not less than $10.00 nor more than $25.00.

Sec. 63. If any overseer of a public road in this county shall fail within six months, after his appointment as such, to measure the roads in his precinct and set up posts of lasting timber at the end of each mile leading from the court house at Gilmer, where such posts are not previously set up, and to mark on such post in legible words and figures the distance from the court house, or shall fail when any such post is destroyed or moved to replace the same with another marked as the original, he shall he fined the sum of $5.00.

Sec. 64. Any road commissioner who shall fail or refuse to comply with any duty required of him shall he deemed guilty of a misdemeanor and upon conviction shall be punished by fine of not less than $25.00 nor more than $200.00.

Sec. 65. Any person liable under the law to work upon the public roads who shall willfully fail or refuse to attend either in person or by substitute at the time and place designated by the road overseer of his district, after being legally summoned, or shall fail, on or before the day for which he is summoned to attend, to pay such overseer the sum of $1.00 per day for each day he has been notified to work on the road, or having attended shall fail to perform any duty required of him by law and such overseer, he shall be fined in a sum not exceeding $10.00.

Sec. 66. Whenever the commissioners' court shall duly declare the boundary lines between the lands of different persons a public road in accordance with law, if any person or owner shall fail, neglect or refuse for twelve months after legal notice thereof to leave open his land free from all obstructions for ten feet on his side of the line designated, he shall be fined not more than twenty dollars for each month after the twelve months aforesaid fn which he may so fail, neglect or refuse.

Sec. 67. Any person or persons placing a gate on or across a third class road, or on or across any road such as is designated in Article 493 of the Penal Code shall be required to keep said gate and the approaches to the same in good order and the gate shall be ten feet wide and so constructed as to cause no unnecessary delay to the traveling public in opening and shutting the same, and providing a fastening to hold said gate open till the passengers go through, and such person or persons shall place a permanent hitching post and stile block on each side of and within sixty feet of said gate. Any person or persons who may hereafter place a gate on or across a third class road, or on or across any such road as is designated in Article -IJU, who shall willfully fail or neglect to comply with the requirements of this Article, shall be deemed guilty of a misdemeanor and on conviction may be fined in a sum not less than $5.00 nor more than $?0.00 for each offense; any person or persons who shall willfully or negligently leave open any gate on or across a third class road, or on or across any such road as is designated in Article 493 shall be deemed guilty of a misdemeanor and on conviction shall be fined in any sum not more than twenty dollars.

Sec. 68. Any road overseer who shall fail or refuse to make and deliver to the road commissioner of his precinct the report required to be made by Section 47 of this Act within five days of the date required, shall be fined in any sum not less than $.5.00 nor more than $100.00.

Sec. 69. Any road commissioner who shall fail or refuse to make a report as required by Section 30 of this Act shall be guilty of a misdemeanor, and upon conviction thereof in a court of competent jurisdiction shall be fined in any sum not less than $10.00 nor more than $100.00.

Sec. 70. This Act shall be taken notice of bv the courts without being specially plead and proved, the same as all General laws of the State of Texas.

Sec. 71. This Act shall be cumulative of all laws of the State of Texas on the subject of roads and bridges, except when in conflict herewith, in which case the provisions of this Act shall prevail with respect to Upshur county.

Sec. 7?. The fact that there is now no adequate law for Upshur county creates an imperative public necessity and emergency that (he constitutional rule requiring bills to be read on three several days be suspended, and that this Act take effect from and after the date of its passage, and it is so enacted.

[note.-—H. B. No. 873 was passed by the House of Representatives by a two-thirds vote, yeas 104, nays 0; and was passed by the Senate l-y a two-thirds vote, yeas 26, nays 0.]

Approved March 31, 1913.

Became a law March 31, 1913.