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An Act directing the Manner of Recovery of Fines for not
appearing at the Clearing of the Highways.
Whereas by an Act of Assembly, made at the Town and
Port of Annapolis, the Fifth Day of September, Anno Domini
Seventeen Hundred and Four, entitled An Act for Marking
the Highways, &c. there is a Fine of One Hundred Pounds
of Tobacco to be levied upon all Taxable Male Persons that
shall neglect to attend at the Clearing and Mending the High-
ways, when duly warned by the Overseers thereof; the which
Fines have proved a greater Burthen to the People than was
designed by that Act, by Means of the chargeable Way of
Recovery thereof in the County Courts: For Remedy whereof,
II. Be it Enacted, by the Right Honourable the Lord Pro-
prietor, by and with the Advice and Consent of his Lordship's
Governor, and the Upper and Lower Houses of Assembly,
and the Authority of the same, That from and after the End
of this present Session of Assembly, no person within this
Province, shall, by virtue of the aforementioned Act, be prose-
cuted in any County Court for their not appearing when
warned to clear the Highways; any thing contained therein to
the contrary notwithstanding.
III. But in all such Cases, any one Justice of the County
Courts, to whom Complaint shall be made, are hereby fully
authorized and impowered, upon Complaint made to him
against any Person for not appearing, or Owners of Servants,
for not sending their Servants on the Highways, when duly
warned, to issue his Warrant to the Constable to bring such
Persons, or Owners of Servants, before him, and to summons
Witnesses, as Need shall require, and upon Appearance be-
fore him, fully to hear and determine all such Cases, and as
he shall see just and reasonable Cause, either to acquit and
discharge such Persons, or fine them according to the Direc-
tion of the aforementioned Act of Assembly, to the Uses
therein mentioned; and to be levied in Manner as thereby is
directed. And every Justice of the Peace, awarding such
Fines against any Person as aforesaid, are hereby required to
keep a fair Account of all such Fines, and to return a true
List thereof to the Justices of the County Courts yearly, at
the Time of laying the County Levies, of which Account the
said County Courts shall cause their Clerks to give a fair
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Chap. XVII
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