CHAP.
LVIII.
Justices to receive
fines, &c.
No supervisor
answerable, &c.
They may dig
and remove
stones, &c.
Notice to be
given, &c.
Justices to call
upon the collector,
&c.
Penalty on altering,
&c. any
road, &c.
Supervisors
may require
slaves, &c.
Penalty for not
furnishing, &c. |
XII. AND BE IT ENACTED, That the justices
of the peace respectively shall be authorised and
empowered to receive any fine or fines for which they may respectively
render judgment against any
supervisor of the road in said county, and shall account with, and
pay over to the levy court annually,
all monies which they may have respectively received in virtue of this
act, under the penalty
of paying treble the amount thereof in case of failure or neglect, to be
recovered in the county
court in an action for money had and received, in the name of the justices
of the levy court of said
county, to be applied as other fines are heretofore directed by this act.
XIII. AND BE IT ENACTED, That no supervisor
shall be answerable for the fine or fines imposed,
where it can be made appear that the neglect of such supervisor happened
after the sum appropriated
to the road or roads of which he is supervisor had been applied and expended
under the direction of
the court aforesaid.
XIV. AND BE IT ENACTED, That it shall and may
be lawful for the several and respective supervisors
of the said roads, and they are hereby authorised and empowered, as often
as need shall
require, to dig, take and remove, any stones, gravel, or earth of a firm
quality, which may be found
on any land adjoining the roads for which the same may be necessary, and
to employ the same in the
repairing of the said roads; and for the making or repairing of bridges
over the heads of rivers,
creeks, branches, swamps, or other low and miry places, through and over
which the said roads may
pass, to cut down, or cause to be cut down, any tree or trees growing on
any of the next adjacent
lands to such places where bridges may be necessary as aforesaid, and the
same trees to maul and
carry away off such lands, and to apply the same to the making or repairing
of the said bridges;
provided always, that before any tree or trees shall be cut down for the
purposes aforesaid, notice
thereof shall be given to the owner, tenant or overseer, and due compensation
made, or secured to
him or them by the county, according to the full value thereof, in such
manner as the justices of the
levy court shall direct.
XV. AND BE IT ENACTED, That the said supervisors
respectively shall, before they begin to
streighten, amend or repair, any road, or to make or repair any bridge
or causeway, give notice, by
advertisement at the most convenient public places in such district, that
the inhabitants may have an
opportunity of hiring labourers, or labour themselves in and upon the said
roads, bridges or causeways;
and each supervisor shall be allowed such sum and expence as shall be deemed
reasonable by
the justices of the levy court.
XVI. AND BE IT ENACTED, That the justices of
the levy court shall call upon the collector for
all monies levied and assessed for the use of the said roads, as soon as
payable by law, and in case of
neglect or refusal, they shall, within two months thereafter, issue an
execution against the said collector,
out of the county court, for the money so due, and shall have all the legal
benefits and
privileges usually attending executions issued in behalf of the state of
Maryland; and the said
justices shall also liquidate and settle the accounts of all supervisors
within the said county annually,
at their levy court, and keep a fair record of all their proceedings relative
to the public roads.
XVII. AND BE IT ENACTED, That if any person
or persons shall alter, change, obstruct or
encroach upon, any of the said roads, or cut down, destroy or injure, any
of the bridges, causeways,
boundaries, marks or directions, therein or thereon, such person, on being
thereof convicted in the
county court, shall be fined, at the discretion of the court, not exceeding
fifty dollars, and all fines
imposed in such cases shall be appropriated to repairing such damages,
and improving the roads in
the county aforesaid, and be paid to and accounted for by the supervisors
of the district.
XVIII. AND BE IT ENACTED, That the supervisors
of said county shall, when necessary, require
of the owners of slaves as may male slaves as they may deem necessary,
not exceeding one half of
the number of labouring slaves belonging to such persons on any one day;
provided that such owner
shall not be compelled to render more service in any one year by the labour
of his or her slaves than
his or her road taxes may amount to; and provided, that the labour of said
slaves shall not be required
as aforesaid during the season of harvest.
XIX. AND BE IT ENACTED, That for every slave
so required by the supervisor, and not furnished,
the owner shall forfeit sixty cents for each day, to be recovered by the
supervisors as in case of small
debts, to be accounted for on oath, and paid to the levy court annually,
to be applied to the repairing
of the public roads. |