CHAP.
XXI.
Public Roads
to be cleared
20 Foot wide,
&c.
County-Courts
to ascertain
the
public Roads,
and appoint
Overseers,
annually.,
Penalties,
viz. On Persons
altering
Public Roads.
Overseers neglecting
their
Duty.
Labourers refusing
Obedience.
Masters refusing
to send
their Male
Taxables.
The County
Clerk neglecting
to
issue Warrants.
The Sheriff
neglecting to
deliver the
same to the
Overseers.
How to be
recovered.
How public
Roads shall
be marked.
Oxford Roads.
Court-house
Roads.
Church Roads.
Ferry Roads.
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Province, and the Authority of the same, That all Public and
Main Roads be
hereafter cleared, and well grubbed, fit for Travelling, Twenty Foot wide;
and good and substantial Bridges made over all Heads of Rivers, Creeks,
Branches and Swamps, where Need shall require, at the Discretion of the
Justices of the County Courts.
III. And for
the better ascertaining what is or shall be deemed Public
Roads, Be it likewise Enacted, by
the Authority aforesaid, That the Justices of
the County Courts shall set down and ascertain in their Records, once every
Year, what are the Public Roads of their respective Counties, and appoint
Overseers of the same: And that no person whatsoever shall alter
or change
any such Public Roads, without the Leave or Licence of the Governor and
Council, or Justices of the County Courts, upon Penalty of Five Hundred
Pounds of Tobacco.
IV. And if any
Overseer so appointed, should neglect to clear the Roads
so as aforesaid, he shall be fined Five Hundred Pounds of Tobacco in Cask.
And every Labourer that shall refuse to serve and obey the Overseer, and
every
Master of Servants, that being summoned or warned, shall refuse to send
* all his Taxable Male Servants to the Overseer aforesaid, he or they shall
be
fined (That is to say) every Labourer, One Hundred Pounds of Tobacco;
and
the said Master, for every Servant warned and not sent, One Hundred Pounds
of Tobacco. And the Clerk of the County is hereby obliged to issue
out
Warrants to the Overseers appointed, upon Penalty of One Thousand Pounds
of Tobacco; and the Sheriffs of each respective Counties are to deliver
the
same to the several and receptive Overseers so appointed as aforesaid,
ex Officio,
on Penalty of One Thousand Pounds of Tobacco in Cask: The one
Half of all which Fines, shall be employed and disposed of towards the
defraying
the County Charge, in such manner as the Commissioners of each
respective County shall, in their Discretion, think convenient; the other
half
to him or them, that shall inform, or sue for the same; to be recovered
in
her Majesty's Name for the use aforesaid, by Bill, Plaint, or Information
†,
in any Court of Record within this Province, wherein no Essoin, Protection,
or Wager of Law to be allowed.
* Owners of Water-Mills are not obliged
to send any of their Taxables to work on Public
Roads, See 1753, ch. 16; and 1756, ch. 12. Owners
of Iron-Works are obliged only to send
One out of every Ten Labourers employed in such Works. See 1750,
ch. 14.
† The Manner of Recovery of Fines for not appearing
at the Clearing of the Highways, is
altered by the Act of 1723, ch. 17; which directs such Offenders
to be prosecuted before a Single
Magistrate.
V. And that
all the Roads that lead to any Ferries, Court-house of any
County, or to any Church, or leading through any COunty to the Port of
Annapolis, shall be marked on both Sides of the Road with Two Notches;
if
the Road lead to Annapolis, the Road that leads there, at the leaving
the other
Road, shall be marked in the Face of the Tree, in a smooth Place cut for
that Purpose, with the Letters A A set on with a pair of Marking-Irons,
and coloured; and so with Two Notches all along the Road: And where
at
any place it leaves any other Road, shall be again distinguished with the
Mark
aforesaid, in the Face of the Tree, with a Pair of Marking-Irons, and
coloured
as aforesaid. And any Road on the Eastern Shore, in Talbot County,
that leads to the Port of William-Stadt at the entering into the
same, and
upon parting with or dividing from any other Road, shall be marked on the
Face of a Tree, in a smooth place cut for that Purpose, with the letter
W,
and so with Two Notches all along the Road. And the Roads that
lead to any
County Court-house, shall have Tow Notches on the Trees on both Sides of
the Road as aforesaid, and another Notch a Distance above the other two,
And
any Road that leads to a Church, shall be marked at the Entrance into the
same, and at leaving any other Road, with a Slip cut down the Face of
the Tree, near the Ground. And any Road leading to a Ferry, and dividing |