Road shall cease if not SEC. 16. And be it further enacted, That if any highway already laid out, or hereafter to be laid out, shall not worked on be opened and worked within three years after the passage of this act, or from the time of its being so laid out, the same shall cease to be a public highway or road, for any use, intent or purpose whatever. within three years. county court the nearest SEC. 17. And be it further enacted, That when the lands Duty of of any person shall be surrounded or enclosed or be shut when lands out and cut off from the nearest highway, by the lands of of any person are shut any other person or persons, who refuse to allow to such out from person a private road to pass to or from his said lands, it highway. shall be the duty of the county court, on petition of any person whose land is so surrounded, or shut out, to proceed in the same manner, as is prescribed by the provisions of this act, for laying out public roads; and to grant an order to said petitioner, to open a road, not exceeding fifteen feet in width; and if any person obstruct said road, such person shall be liable to all the penalties for obstructing a public road; and the damages assessed by the jury, shall, in all cases, be paid by the person applying for such order, together with the costs of summoning and empanneling said jury Provided, however, if such road shall pass through any enclosure, and it shall be required by the owner thereof, the person applying for such road, shall put at each entrance into such enclosure or enclosures, a good and substantial swinging gate. Proviso. causeways SEC. 18. And be it further enacted, That all bridges Bridges and and causeways, the building or repairing of which will not to be built cost more than one hundred dollars, shall be built or reby the la- paired by the labour of the district in which such bridge is district. situated Provided, the labour assessed for such district be bour of the sufficient therefor, and provided, also, that any iron material necessary for the building or repairing of such bridge or causeway, shall be paid for out of the county treasury; and Proviso, provided, also, that the timber necessary for the erection or repairing of such bridge or causeway may be cut by the overseer of the road from the nearest land adjacent to such bridge or causeway, upon which suitable timber can be procured; and when the building or repairing of any bridge or causeway shall amount to more than one hundred dollars, and the labour assessed upon the district in which the same is situated, is not sufficient for the building or repairing thereof, such bridge shall be built or repaired by order of the county court, and shall be paid for out of any funds in the county treasury, arising from road taxes or fines; and the county and probate court of the county of Adams be authorized to levy, annually, any sum not exceeding two thousand dollars, in aid of the establishment and keeping in repair highways, ferries and bridges in said county. authorize to erect gates. SEC. 19. And be it further enacted, That the county court shall have power, at their discretion, to authorize Court may any owner of land, through which any public road may person pass, to erect gates across the same, of sufficient width to allow the safe and easy passage of all wheeled carriages, upon such conditions to keep them in good repair, and under such restrictions as the said court may deem proper: Provided, that no gate shall be erected across any road in Proviso. the route of the 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, to 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. Overseers. SEC. 20. And be it further enacted, That every overseer of roads and highways, appointed under the provisions of Penalties on this act, who shall neglect or refuse to perform any of the duties prescribed thereby, for the neglect of which, penalties have not already been prescribed in this act, shall, on conviction thereof, before any justice of the peace of the county, upon complaint made before him, by action of debt, forfeit and pay a sum not exceeding fifty dollars, in the discretion of said justice, for each and every such neglect or refusal: Provided, every overseer, against Proviso. whom any such judgment shall be rendered, shall have the right of appealing to the circuit or county court, as the case may be, within five days after the rendition of such judgment; and in all cases where appeals shall be taken from the judgment of the justice of the peace, to the circuit court, it shall be the duty of the attorney general, or court to each over copy of this act. sation clerk. of district attorney, to prosecute such appeal against said overseer, which appeals shall be tried de novo in said court. SEC. 21. And be it further enacted, That the county County court of each county shall, at their discretion, cause copies furnish of this law to be printed and published, and shall furnish seer with a each overseer of a road with a copy thereof; and the clerk of each county court shall be allowed the sum of two dollars per day, for each and every day that he shall be Compen- employed in the discharge of the duties imposed upon him by this act, and also any sum not exceeding fifty dollars for any one year, in the discretion of the court, to be paid out of the county treasury, in full compensation for his services; and the sheriff of each county shall be allowed, for summoning and empanneling each jury, the sum of three dollars, and for serving each summons or notice, as required of him, by this act, the sum of one dollar, in full compensation for his services. SEC. 22. And be it further enacted, That all acts and Repealing parts of acts coming within the meaning and purview of clause. this act, be, and the same is hereby repealed: Provided, that the provisions of this act shall extend only to the counties of Wilkinson, Jefferson, Adams, Warren, Washington and Hinds. Approved, December 16, 1831. AN ACT to repeal all laws making it the duty of the Auditor and SEC. 1. Be it enacted by the Senate and House of Representatives of the State of Mississippi, in General Assembly convened, That all laws making it the duty of the auditor and treasurer to prevent trespasses on the public lands; and all laws allowing them a compensation for the same, shall be and are hereby repealed. Approved, December 20, 1831. AN ACT to amend the 74th chapter of the Acts of the General SEC. 1. Be it enacted by the Senate and House of Representatives of the state of Mississippi, in General Assembly convened, That so much of the act to which this is an amendment as requires certain money to be vested in stock of the Bank of the State of Mississippi be repealed, and that said money shall be vested in stock of the Planters' Bank, and that the dividends arising from said stock only shall be drawn and made use of, until otherwise directed by law; to be applied in conformity to an act entitled 'an act to provide for the leasing of school lands in certain counties therein named,' approved December 10, 1830. Approved, December 8, 1831. AN ACT for holding a Convention in this state. WHEREAS, the electors of the members of the General Assembly, in conformity with a recommendation contained Preamble. in the resolution of the senate and house of representatives of the state of Mississippi, passed December 15, 1830, voted upon the subject of a convention, at the last election for members of the General Assembly: and whereas, it manifestly appears that a majority of the citizens of this state, voting for representatives, have voted for a convention; therefore, that a convention may be called, and to provide for the election of members thereto : SEC. 1. Be it enacted by the Senate and House of Representatives of the state of Mississippi, in General Assembly convened, That the qualified electors of members to the General Assembly of this state be, and they are hereby authorized to choose representatives in a convention, to be formed for the purpose of revising, amending, or changing the constitution of this state. SEC. 2. And be it further enacted, That the representation shall be apportioned among the several counties of this state in the following manner, to wit: Apportion ment of representation in the convention. The county of Wayne, shall have one representative. The county of Adams, shall have three representatives. The counties of Wayne, Green, Jackson, Hancock, Perry and Jones, in addition to the representatives hereinbefore respectively allowed them, shall jointly have one representative. The counties of Pike and Marion shall, in like manner, jointly have one representative. The counties of Amite and Franklin shall, in like manner, jointly have one representative. The counties of Copiah and Jefferson, shall, in like manner, jointly have one representative. The counties of Warren and Washington, shall, in like manner, jointly have one representative. The counties of Yazoo and Madison, shall; in like manner, jointly have one representative. |