CHAP.
LVIII.
Justices to levy
money, &c.
And describe
the roads, &c.
How vacancies
are to be filled,
&c.
Rates, &c. to
be fixed, &c.
Justices to
make out lists,
&c.
On application,
appoint
persons, &c. |
II. BE IT ENACTED, by the General Assembly
of Maryland, That the justices of the levy court for Kent
county, or a majority of them, at their annual meeting at the time for
holding their levy court
at the court-house in Chester-town, shall levy by equal assessment in the
assessable property within
the said county, a sum of money, not exceeding forty cents on every
hundred pounds of assessable
property, to be collected as other county taxes, and paid to the justices
of the levy court, or to
their order, and shall be applied towards streightening, amending and keeping
in repair, the public
roads in the said county; and the said justices, or a majority of them,
shall have full power and
authority to appropriate the funds arising from the said tax to the public
roads in the said county,
and shall apportion the same in just proportions among all the public roads
in the said county,
regarding the function and quantity of labour necessary for the improvement
of such roads.
III. AND BE IT ENACTED, That the justices of
the levy court for the county aforesaid, or a
majority of them, when so met together as aforesaid, shall be and they
are hereby authorised and
required to describe, ascertain and distinctly record in a well bound
book to be provided by them
for that purpose, the several and respective public roads in said county,
and to nominate and
appoint, by warrant under the hand of the clerk and seal of his office,
capable and proper persons
as supervisors of the several and respective roads aforesaid, according
to the number and divisions of
the said roads, as the same shall be ascertained upon their records;
and that the said justices, or a
majority of them, may adjourn from day to day until the said roads shall
by duly ascertained, and
supervisors appointed as aforesaid; and every supervisor so appointed shall
give bond to the state of
Maryland, with such security as shall be approved by the said justices,
in such sum or penalty as
the said justices shall require, for the performance of his duty.
IV. AND BE IT ENACTED, That if any supervisor,
to be appointed in virtue of this act, shall
refuse to act, or remove out of the district, become disqualified, or die,
it shall and may be lawful for
any two of the neighbouring justices of the peace to supply every vacancy
so happening, by the
appointment of another person, who shall give bond as aforesaid, with such
security, and in such
penalty, as shall be approved of by the aforesaid justices of the peace,
and they shall certify every
such appointment, under their hands, to the clerk of the county, who shall
record the same, and
within ten days thereafter shall issue a warrant to the person so appointed,
and deliver the same to
the sheriff, to be served upon the party in the same manner, and under
the same penalty, as directed
in such case by this act.
V. AND BE IT ENACTED, That the justices of
the levy court shall, at their annual meeting under
this act, for the regulation of the conduct of the supervisors, fix
and establish reasonable rates for the
hire of labourers, horses, carts or other carriages, to be worked or
used on the public roads of the
said county, and shall publish the same in ever hundred of the said
county; and each of the supervisors
are hereby authorised and empowered to hire and employ, if necessary, at
reasonable wages,
not exceeding such wages as shall be established under the regulation before
recited, a sufficient number
of labourers to work on the public roads, and to hire and employ horses,
carts or other convenient
carriages, for the purpose of carrying earth, gravel, stones, timber, or
other heavy articles
necessary for making, amending and keeping in repair, the said roads, bridges
and causeways.
VI. AND BE IT ENACTED, That the justices of
the levy court shall, at every such meeting, make
out distinct lists of all the taxable inhabitants within the said county,
together with the amount of
their road taxes, and furnish the collector of the county with copies thereof
within ten days after
their meeting; and the said collector shall leave with every such taxable
an account of his said road
tax, within sixty days thereafter, under the penalty of one dollar
for every such omission.
VII. AND BE IT ENACTED, That when the said
justices shall meet in session at their levy court,
they, or a majority of them, shall, on application in writing, signed by
two thirds of the inhabitants
of any hundred through which any roads pass, to widen and streighten any
old road laid out as a
public road, appoint three discreet persons, freeholders in the said county,
as commissioners, not
holding any part of the lands through which the said road or roads may
pass, nor related to the person
or persons holding the land that may be affected by the running of the
said roads, to view, survey
and plot, the said road so applied for, and make return thereof to the
said court at their next
meeting, who, on receiving such plot or plots, shall examine the same,
and all the evidence that shall
or may be offered for or against the said road or roads, as returned,
and may reject or confirm the
same as a public road, or may direct the said commissioners to alter and
amend the said plot, and when
so amended, may reject or confirm the same, and when confirmed, shall accordingly
direct the commissioners
to mark and bound the said road or roads, not exceeding thirty feet
in width, clear of |