BENJAMIN OGLE, ESQUIRE,
GOVERNOR.
NOVEMBER. 1799.
roads, as the same shall be ascertained upon their records; provided
nevertheless, that the said roads
shall be so apporionted, divided and described, as not to require a
greater number of supervisors than
six in any one hundred of the said county; and that the said justices,
or a majority of them, may ad-
journ from day to day until the said roads shall be duly ascertained,
and supervisors appointed as
aforesaid; and every supervisor so appointed shall give bond to the
state of Maryland, with such se-
curity as shall be approved of by the said justices, in such sum or
penalty as the said justices shall re-
quire, for the performance of his duty.
IV. AND BE IT ENACTED, That if any supervisor or supervisors already
appointed, or to be ap-
pointed, 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 hap-
pening, by the appointment of another person, who shall give bond as
aforesaid, with such security,
and in such pently, as shall be approved of by the aforesaid justices
of the peace, and they shall cer-
tify 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, waggons or other carriages, to be
worked or used on the public
roads of the said county, and shall publish the same in every 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 regulations
before recited, a suffi-
cient number of labourers to work on the public roads, and to hire
and employ horses, carts, wag-
gons 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 meetings.
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 pub-
lic road, shall appoint three discreet persons, feeholders 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 per-
son or persons holding the land that may be affected by the running
of the said roads, to view, sur-
vey and plot, the said road so applied for, and make a 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
ditches, and direct a supervisor or supervisors to clear and improve
the same, in the same manner,
and on the same terms, as other roads, and upon completing the same,
it shall be deemed a public
road, and be kept in repair as all other public roads in said county
are by this law directed; provided,
that notice be set up in writing, by advertisement, at least three
weeks, in the most public places in
such hundred or hundreds, by some one inhabitant or inhabitants thereof,
(previous to their offering
a petition or petitions,) declaring their intention to apply to the
justices of the levy court for the
purposes aforesaid.
VIII. AND BE IT ENACTED, That whenever any old road shall be altered
in its breadth or direc-
tion as aforesaid, the justices aforesaid may agree with the persons
over whose land such road or roads
may pass for the amount of the damages sustained, but if no agreement
be made, they shall issue their
warrant, directed to the sheriff of the said county, commanding him
to summon and return a jury of
twelve good and lawful men of the said county, not interested or related
to the party or parties, to
be and appear before one of the said justices on the premises, at a
certain day in the said warrant to
be expressed, which jury, on their oath or affirmation, shall inquire
who is or are the owner or owners
of |
CHAP.
LXX.
How vacancies
are to be filled.
Justices may es-
tablish rates,
&c.
Make out lists,
&c.
On application
appoint per-
sons, &c.
And agree for
damages, &c. |