ROAD SUPERVISORS. CHAPTER XXIX. AN ACT RELATING TO ROAD SUPERVISORS. Be it enacted by the Legislative Assembly of the Territory of Dakota: counties into Section 1. That at the annual meeting of the county com- Devision of missioners in January of each year, or as soon thereafter as road districts practicable, it shall be the duty of the board of county commissioners of each of the organized counties of this Territory to apportion their respective counties into one or more road districts, where such county is not at present formed into townships and shall appoint for each district a road supervisor, who shall hold his office until the first of January succeeding his appointment and shall take an oath to faithfully discharge his duties as such road supervisor. Sec. 2. In all counties that are organized into townships Election of read there shall at the general annual election in each township be supervisors elected a road supervisor for such township, who shall hold office for the term of one year from the first of January succeed. ing his election, and shall take an oath to faithfully discharge his duties as such road supervisor. cominissioners Sec. 3. The board of county commissioners of each county Board of county shall have power to fill all vacancies, and shall fill all vacancies to vacancies that may occur for any reason in the office of road supervisor. Assessor to make out list of Sec. 4. It shall be the duty of the assessor of each township to obtain the names and make out a list of all male per- mouresidents sons between the ages of twenty-one and fifty years, residing within each road district, which list shall be completed on or before the first day of March in each year, and in case any person as aforesaid shall locate in any road district after the Who to perform labor on road When work to bo performed County commissioners to levy tax How money to be expended first day of March, the assessor shall enroll his name and he shall be liable to labor on the road at the same time and in the manner that those originally enrolled are liable to labor, but any person who has labored that year in any road district and has a certificate thereof shall be credited with the labor as performed, in the same manner as though the labor had been performed in the district in which he resides. Sec. 5. Every male person between the age of twenty-one and fifty years, who is able to perform manual labor, shall be subject to labor one day in each year on the road within his road district, at a time and place directed by the road super visor. Sec. 6. The said road supervisors shall order out every person subject to road labor as aforesaid, between the first days of April and December, annually, to perform the work necessary on the public roads within his road district. Sec. 7. It shall be the duty of the county commissioners of each county to levy a tax annually of one dollar and fifty cents to each able bodied male person between the ages of twenty-one and fifty years, in each township or county, and in their discretion may levy a further tax not exceeding two mills on the dollar of the property on the assessment rolls of such county to be applied as a road tax; the person thus assessed shall pay the same in the manner and at the same time that the annual taxes of the county are paid; Provided, however, That said tax so assessed may be worked out in the road district in which such person resides or such real estate lies, and the said tax assessed on personal property in the district where the owner thereof resides at the rate of one dollar and fifty cents per day. The road supervisor shall obtain a list of all road tax assessed on each individual, and his certificate for the amount worked out shall be taken by the collector or treasurer of the county in payment of said tax. Provided further, That if any person shall perform labor as required in section five (5) of this act, the certificate of the road supervisor to that fact shall be in full of the tax of one dollar and fifty cents above provided. Sec. 8. In case such tax is assessed as provided for in section seven of this act, and collected, such board of county com missioners shall order the expenditures thereof in the improvement of the highways, paying the road supervisors, purchasing implements, and repairing bridges in each district under such regulations as they may deem most expedient for the public interest, and for this purpose shall order the payment of such sum by the treasurer to the parties performing such labor upon the certificate of the road supervisor. Sec. 9. All monies collected under the provisions of this same act shall be expended in the road district in which the person resides when it is a personal tax, or a tax on personal property; and where the real estate is situate, where it is a tax on real estate. to make report Sec. 10. On or before the First Monday of January of Road supervisor each year, the road supervisors shall make report to the board of county commissioners of his doings the preceding year, the amount of labor performed, the number of days labor necessarily performed by himself in this [the] discharge of his duties, and the county commissioners shall thereupon issue a county warrant to the supervisor for such service at two dollars a day, payable from the common road fund in the county treasury belonging to said road district. refusing to Sec. 11. Every person who shall be elected or appointed a Penalty for road supervisor according to the provisions of this act, and shall qualify fail, refuse or neglect to qualify as such road supervisor for thirty days after having been duly notified of his election or appointment by the register of deeds of the county, shall be fined the sum of ten dollars, to be collected by a complaint made before a justice of the peace of the county, and shall pay all the costs of the prosecution, which fines shall go to the road fund of the district in which he resides. repealed Sec. 12. Chapter twenty-five (25) of the session laws of Certain chapters 1865-66, and all otheracts in conflict with the provisions of this act are hereby repealed. Sec. 13. This act shall take effect and be in force and effect from and after its passage and approval. When to take effect Approved, January 8, 1868. SALE OF LIQUORS. License Amount necessary to be paid for license Proviso Issuing of license CHAPTER XXX. AN ACT TO REGULATE THE SALE OF SPIRITUOUS LIQUORS AND FOR OTHER PURPOSES. Be it enacted by the Legislative Assembly of the Territory of Section 1. That no person shall be permitted to sell spirituous liquors in this Territory by measure, [less] than one quart, with out having first obtained a license from the board of county commissioners, or if they be not in session from the clerk of the board of county commissioners of the proper county, for that purpose. Sec. 2. Every person applying for a license to sell spirituous liquors in less quantity than one quart, shall pay into the county treasury, the sum of not less than thirty dollars nor more than one hundred dollars per annum in the discretion of the board of county commissioners, or in case they are not in session, in the discretion of the clerk of the board of county commissioners; Provided, That no license shall be granted for a less period than six months; Provided, further, The applicant for such license shall execute a bond in the penalty of five hundred dollars, with two or more suretics, to be approved by the board or by the register of deeds, conditioned, that the applicant will keep an orderly house and that he will not permit any unlawful gaming or ri otous conduct in his house. Sec. 3. On the applicant's producing to the board of county commissioners, or if they are not in session, then to the clerk of the board of county commissioners, the receipt of the county treasurer for the payment of the sum fixed in accordance with the preceding section, the clerk of the board of county commissioners shall issue license for the term the receipt calls for; such license shall describe the house and place where the spiritous liquor is intended to be sold, and no person obtaining euch license shall be authorized to sell or vend spirituous liquors in more than one place. Sec. 4. Upon application for license to sell spirituous liquors same the board of county commissioners, or if they be not in session the clerk of the board of county commissioners may graat or reject the same, at discretion. Sec. 5. The board of county commissioners shall upon complaint being made to them, revoke any license granted to sell any spirituous liquors whenever they may be satisfied that the person or persons in whose name or names any license has been granted, suffer any disorder, drunkenness, or unlawful gaming. Sec. 6. If any person or persons shall barter, sell or dispose in any manner, any spirituous liquors without having first ob tained a license agreeable to the provisions of this act, he or they shall on conviction thereof be, by indictment in any court having jurisdiction of the same or by complaint before a justice of the peace, fined in any sum not exceeding one hundred dollars, nor not less than ten dollars for the use of the common schools in the county where the offense shall have been committed. License may be revoked Penalty for without license selling liquor for fines Sec. 7. That for all fines and costs assessed against any per- Property liabl● son for any violation of this act the real estate and personal property of such person of any kind without exemption, shall be liable for the payment thereof, and such fine and costs shall be a lien upon such real estate until paid. complaint Sec. 8. And it is hereby made the duty of the county attor Who to make ney, sheriff, constables and justices of the peace, knowing of any violations of the provisions of this act, to make complaint thereof to the grand jury at the next term of the district court of the county in which the offense may have been committed or to a justice of the peace which justice shall have power to proceed to judgment therein, and the money collected on such judgment except taxable costs, shall be paid to the treasurer of the proper county for the use of the common schools therein. |