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Bacon's Laws of Maryland
Volume 75, Page 671   View pdf image (33K)
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I    N    D    E    X.

 
HARBOURS.

Bay, above Cedar Point, or in any River, Creek or
Harbour within this Province, and cast into the Bay
above Cedar Point, or into any River, Creek or Harbour
below High-Water Mark, on Forfeiture of 50 l.
Currency by the Master or other Person having Charge
of such Ship, &c.  One Half to the Support of Government,
the other Half to the Person suing for the
same in any Court of Record.  1735, ch. 16, §. 2.
    2.  No Person to build any Wear or Hedge cross any
River, Creek or Branch, below any public Landing
Place, so as to prejudice the Channel, or obstruct the
Passage of Boats, under Penalty of 120 l. Currency,
to be recovered in the County Court, by Action of
Debt, &c.  Ibid.  §. 3.
    See Naval Officers, 7.

HEIR at LAW;

----Shall have an equal Share with the other Children
in the Distribution of an Intestate's Estate, notwithstanding 
any Lands he may have, by Descent or
otherwise, from the Intestate.  1715, ch. 39, §. 5.

HEMP and FLAX.

    1.  Hemp of the Growth of this Province (being
Water-rotted, bright, clean and merchantable) is made
a Staple of this Province at 6 d. per Pound, and Flax
at 9 d. per Pounds; and a Tender thereof at those
Rates, in any Port or Town within this Province (or
at the Creditor's own Dwelling-House, or the Dwelling-House
of his Receiver, in case such Creditor do
not reside in the same County with the Debtor) for
one fourth Part of any Debt, shall be good in Law
for all Debts due in Money or Tobacco, rating the
Tobacco at 1 d. per Pound.  1706, ch. 11, §. 2; and
1724, ch. 22, §. 2.
    2.  The Public and County Dues, and 40 per Poll
to the Clergy, are excepted out of the above recited
Acts.  1724, ch. 22, §. 3.
    3.  Any Creditor refusing such Tender, and afterwards
suing the Debtor, shall be Non-suit and pay
Costs to the Defendant.  1706, ch. 11, §. 3.

HIDES.

    1.  Any Skins or Hides of Neat Cattle, tanned or
untanned, or any old Iron, attempted to be transported
out of this Province, by Land or Water, may be
seized by any Officer of the Customs.  1712, ch. 23,
§. 1.
    2.  Any Master, Merchant, Owner of a Vessel, or
other Person, convict of shipping such Hides or Iron,
or transporting any by Land out of the Province, shall
forfeit the same, and 50 l. Currency; one Half to the
Support of Government, the other Half to the Informer.
Ibid.

HIGHWAYS.

    1.  All Public Main Roads shall be well grubbed, fit
for travelling, Twenty Feet wide; and good substantial
Bridges made over all Heads of Rivers, Creeks,
Branches and Swamps, where Need shall require, at
the Discretion of the County Courts.  1704, ch. 21,
§. 2.
    2.  The County Courts shall ascertain in their Records,
once every Year, what are the Public Roads of
their respective Counties, and appoint Overseers of the
same.  Ibid.  §. 3.
    3.  No Persons shall alter any such Public Road,
without Leave of the Governor and Council, or of
the Justices of the County Courts, on Penalty of 500 lb

Tobacco.  Ibid.
    4.  Any Overseer so appointed, neglecting to clear
the Roads as aforesaid, shall be fined 500 lb Tobacco
in Cask.  Ibid.  §. 4.
    5.  Every Labourer refusing to obey the Overseer,
shall be fined 100 lb Tobacco.  Ibid.
   
6.  Every Master of Servants, refusing (on Summons)
to send all his Taxable Male-Servants to the Overseer,

HIGHWAYS.

shall be fined, for every Servant warned, and not sent,
100 lb Tobacco.  Ibid.
    7.  The Clerk of the County shall issue out Warrants
to the Overseers appointed, on Penalty of 1000 lb
Tobacco; and the Sheriff shall deliver the same to the
several Overseers, ex Officio, on Penalty of 1000 lb
Tobacco in Cask.  Ibid.
    8.  One Half of the above Fines to be disposed
of towards defraying the County Charge, and the other
Half to the Informer; to be recovered in any
Court of Record (but see the following Article) by Bill,
Plaint, &c.  Ibid.

    9.  Except Fines on Persons for not appearing, or
on Owners of Servants for not sending their Servants
on the Highways, when duly warned; which shall
not be prosecuted in any County Court, but before a
single County Magistrate, who, on Complaint, is impowered
to issue his Warrant to the Constable, to bring
such Persons or Owners of Servants before him, and
summon Witnesses, and fully to hear and determine all
such Cases; and as he shall see just Cause, either to
acquit such Persons, or fine them according to the Directions
of the above Act, to the Uses therein mentioned.
And every Magistrate awarding such Fines, 
shall keep a fair Account thereof and return a true

List thereof yearly to the County Court, at the Time
of laying the County Levies; of which Account the
County Clerk shall give a fair Copy to the Sheriff, in
Order to collect the same:  And, on Refusal of Payment,
the Sheriff to levy the same by Way of Execution,
in the same Manner as the Public and County
Levies, and return an Account thereof to the County
Court, to be applied as aforesaid.  1723, ch. 17.
    10.  All Roads leading to Ferries, County Court-Houses,
or Churches, or leading thro' any County to
Annapolis, shall be marked on both Sides of the Road,
as directed by the Act of 1704, ch. 21, §. 5.  Which
Rules and Methods the several County Courts shall
give in Charge, from Time to Time, to the OVerseers
by them appointed; who shall strictly perform the
same, under the Penalty aforesaid (viz.  500 lb Tobacco,
see Art. 4.)  And where Roads lead thro' seated
Plantations, or old Fields, the Overseers shall setup
Posts, so many as may be perceived from one to another,

which Posts shall be marked and notched as in
this Act directed:  And the Posts of all Gates, thro'
which any Public Roads lead, shall be marked as
aforesaid, under the Penalty aforesaid.  1704, ch. 21,
§. 5 and 6.
    11.  The Overseers shall fall all  dead Trees, where
Limbs hang over the Road, to prevent Damage happening
to Travellers by their falling. Ibid.  §. 6.
    12.  Overseers are impowered, as often as Need shall
require, for repairing and making of Bridges over
Heads of Rivers, Creeks, &c. or other low and miry
Places, to cut down any Trees on the adjacent Land,
and to apply the same to the making and necessary repairing
of such Bridges.  1724, ch. 14, §. 2.
    13.  But no Trees fit for Clap-board or Cooper's
Timber shall be cut down, nor any Trees for building
or repairing of any Bridges maintained at the Public
or County Charge.  Ibid.  §. 3.
    14.  No White Man or Slave, employed about any
Iron-Work (unless he be also employed in making
Tobacco)  shall be obliged to clear, or assist in clearing
any Highways or Roads, or in building any Bridges.
1732, ch. 17, §. 2 and 3.  The Explanatory Act of
1736, ch. 17, restrains this Exemption to such as are
constantly employed in carrying on Iron-Works.  And
by the Act of 1750, ch. 14, Owners, &c. of Iron-Works
are obliged to send One out of every Ten labouring
Persons employed in such Works, to assist upon the
Highways, &c. subject to the Penalties in the Act of
1704, ch. 21, to be recovered and applied according to
the Act of 1723, ch. 17.  See Art. 9.
    15.  Owners of Mills, &c. erected upon Branches
where the High-Road crosses, either at, or below, or



 
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Bacon's Laws of Maryland
Volume 75, Page 671   View pdf image (33K)
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