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Provided always and be it enacted that if the said Supervisors or
any two of them shall deem it necessary and that it would greatly
conduce to lessening the distance that the Road should pass through
any improved ground in their respective districts (Buildings Yards
Gardens and Orchards excepted) in such case the same Supervisors
or any two of them may agree with the owners for the Purchase of
Forty feet or thirty feet in Breadth as the case may require thro
the same not exceeding the rate of Sixty Dollars Per Mile and in
case the owner or owners of such land shall refuse to make sale
thereof at a reasonable Price or lie under any disability of making
such sale then the said Supervisors or any two of them may and
they are hereby Authorised and required to Issue their Warrant
to the Sheriff of their County commanding him to summon and
return a Jury of the best and most Substantial Freeholders not less
than twelve inhabitants of the said County to be and appear before
the said Supervisors on the Premises at a Certain day in the said
Warrant expressed which Jury upon their Oath to be administered
by any one of the said supervisors who is hereby Authorized to
administer the same shall enquire who is or are the owner or owners
of the land and what damages such owner or owners will sustain
by occasion of carrying the said Road through such improved ground
and the said supervisors shall return the inquest of the Jury or a
Certificate of the sum to be paid by agreement to the Justices of
their County who shall assess and levy the Money agreed to be
paid or by the Jurors assessed at the Time of laying their next
County Levy on the Taxable Inhabitants of their County to and
for the use of the Owner of the said land together with the sherriffs
Salary of five per Cent for collection which said Assessment the
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[Proviso, in
Case of the
Road's pass-
ing through
improved
Ground;]
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and discharged at the same rate in Money as the County Levy and
the said Sheriff shall be Answerable for and pay the same to the
owner and owners of such Land,
Provided always and be it enacted that where by agreement and
consent or otherwise any of the said Roads shall be carried in other
Places than they now Pass through Fields and grounds in Actual
cultivation that such field or grounds shall not be laid open or used
as a Public Road 'till after the usual Time of taking off and securing
the Crop then growing thereon and to enable the said Supervisors
to accomplish the said work they or any two of them are hereby
impowered in and for their respective districts aforesaid after they
shall have carefully Surveyed the said Roads and agreed on the
necessary alterations therein either to employ Labourers to do the
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[Or Fields in
actual Culti-
vation.]
[Supervisors
to employ
Labourers or
contract with
others to do
the Work,
and draw
their Orders
on the Com-
missioners
for emitting
Bills of
Credit for
the Money to
be expended,
&c.]
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