BENJAMIN
OGLE, ESQUIRE, GOVERNOR.
NOVEMBER. 1799.
of consenting to applications of this nature; therefore, BE IT ENACTED,
That upon the application
in writing from two thirds of the proprietors of the lands through
which any public road or roads
may pass, or be prayed to pass, petitioning for the turning, altering
or streightening, a public road
or roads, it shall and may be lawful for the said levy court, upon
being satisfied that the granting of
such petition will be of public convenience, and they are hereby authorised
and empowered, to di-
rect the surveyor of the said county to lay out such road, agreeably
to the paryer of such petition,
or in such other manner as they shall think most expedient, not exceeding
thirty feet in breadth,
without the consent of the said proprietors, and to make return of
such location with all convenient
speed; and after such road shall be surveyed and laid out agreeable
to the intentions of this act, the
said court shall direct the application for such road, and the order
and proceedings thereupon, and the
return of the surveyor, to be enrolled among their records, and thereupon
and thereafter such road
shall be deemed and considered to be a public road, and shall be kept
up and repaired as other public
roads in the said county; provided, that no such application shall
affect the lands of infants, persons
non compotes mentis, or persons beyond the limits of this state, until
the said disabilities shall be re-
moved.
XVIII. AND BE IT ENACTED, That if any person or persons shall alter
or change, or in any
manner obstruct, any of the said roads, or any part or parts thereof,
or cut down, destroy or in-
jure, any of the bridges, causeways, boundaries, marks or directions
therein or thereon, without
the licence of the levy court obtained as aforesaid, every such person
or persons, being thereof con-
victed in the county court, shall forfeit and pay a fine, in the discretion
of the court, not exceeding
the sum of fifty dollars, according to the nature of the offence.
XIX. AND BE IT ENACTED, That where any person or persons have built,
or shall build, in the
county aforesaid, a mill or mills on any branch or run where any public
or main road crossed, or
shall cross, and have erected, or shall erect, any dam for such mill
or mills, such person or persons,
as the owner, possessor or occupier, of such mill or mills, shall and
they are hereby obliged to make
the top of the said dam twelve feet wide at the least, and make good
and substantial bridges over
the waste and race of the said mills and dams, and the same keep in
good repair; and where any
mill hereafter to be erected shall obstruct any public road, and it
shall be thought convenient by
the levy court where such mill is so erected, that the said public
road shall pass below the
dame of the said mill, or where such public road now passes below the
dam of any such mill or
mills, that then and in such case the owner or owners, possessor or
occupier, of such mill or mills,
shall and they are hereby required to raise and make a good and sufficient
causeway or cause-
ways across the branch or run on which the said mill is built, twelve
feet wide at the least, and make
a good and substantial bridge over the tail of the said mill, and the
same keep in good repair; and if
the owner or owners, possessor or occupier, of any such mill or mills,
shall refuse or neglect to do
what is by this act required, and shall be thereof legally convicted,
he, she or they, shall forfeit and
pay a sum not exceeding forty dollars for each neglect or offence;
provided, that such person or
persons, owner or owners, possessor or occupier, of such mill or mills,
shall not be obliged to work
upon, or send any of their laboureres or hands who shall reside in
the precinct of such public
road to work on, any part of such road, except such milldam, causeway,
race and waste, as afore-
said.
XX. AND BE IT ENACTED, That where any person or persons have built,
or shall hereafter build
or erect, any mill in the county aforesaid, on any branch or run below
the places where public or
main roads did or shall cross such branch or run, and by the building
and erecting of such mill, or
dame for the same, the public or main road which crossed, or shall
cross, the branch or run as afore-
said, is or shall be any way affected or injured, or the passage therein
any way obstructed or rendered
difficult or incommodious, such person or persons, or the owner, possessor
or occupier, of such mill
or mills, shall and they are hereby obliged, by the last day of June
next, where such mill or mills
have already been built, or within one month after the building of
any other mill or mills stopping
or impeding the course of the water as aforesaid, to make good and
sufficient bridges and causeways,
twelve feet wide at the least, over the said branches or runs at the
places where the public or main
roads crossed, or shall cross, such branches or runs as aforesaid,
and the said bridges and causeways
maintain and keep in good repair, under a penalty not exceeding forty
dollars for each neglect or
offence; provided, that such person or persons, owner or owners, possessor
or occupier, of such mill
or mills, shall not be obliged to work upon, or send any of their laboureres
or hands who shall reside
in the precinct of such public road to work on, any part of such road,
except on such bridges and
causeways as aforesaid.
XXI. AND |
CHAP.
LXXXI
On application,
road may be
turned, &c.
Penalty on al-
tering, &c. any
road, &c.
Top of dams to
be made twelve
feet wide, &c.
Persons build-
ing mills to
make good
bridges, &c. |