1748

CALVERT COUNTY.

neglect or refuse to attend at the times and places appointed as
aforesaid, or if attending, shall not perform his reasonable
labour, and of every master, mistress or overseer of servants
and slaves, who shall incur the penalty aforesaid ; and the said
overseers of roads shall, once in every three months, call upon
each and every of the said persons, and demand the payment of
all and singular the sums of money by them, or any of them, so
forfeited, and on refusal or neglect to pay the same, the said
overseers shall proceed to recover the same before a single
magistrate, by due course of law ; and the said overseers shall,
every six months, render their accounts of all fines and forfei-
tures received by them in virtue of this act to the justices of
the levy court, upon oath, or affirmation, and pay the amount
thereof in such manner as the said justices shall order and
appoint.

By 1817, ch. 81, the levy courts of Charles and Calvert counties, to
keep a journal of the names of such overseers of roads in their respective
counties, as shall neglect to comply with the directions of this section ; and
overseers so neglecting, shall for each offence forfeit eight dollars, to be
deducted from their allowance.

How vacan-
cies are to
be filled.

SEC. 12. And be it enacted. That if any of the overseers to
be appointed shall refuse to act, remove, become disqualified or
die, it shall and may be lawful for any two of the neighbour-
ing justices of the peace to supply every vacancy so happening,
by the appointment of another person, and they shall certify
every such appointment, under their hands, to the clerk of the
county, who shall record the same, and within five days there-
after shall issue a warrant to the person so appointed, and de-
liver the same to the sheriff, to be served upon the party as
herein before directed.

Overseer's

allowance.

SEC. 13. And be it enacted, That every overseer so to be ap-
pointed by virtue of this act, shall respectively be allowed a
sum, not exceeding eight dollars by the year, for summoning,
directing and superintending, the labourers employed upon the
said roads, which allowance shall be paid to them by the jus-
tices of the levy court out of the fines and forfeitures imposed
and levied by this act, and if found to be insufficient for this
purpose at the expiration of every year, the deficiency shall be
assessed and levied upon the county in the same manner as
other public charges.
See 1832, ch. 223, sec. 5, by which their pay is graduated.

In case

road should
bo out of
repair from
neglect of
overseer,
warrant
maybe
issued.

SEC. 14. And be it enacted, That any of the justices of the
peace of the said counties, who, upon his own view, or on the
information, oath or affirmation, of one or more credible wit-
nesses, shall discover or be satisfied that any bridge, road or
causeway, is out of repair, from the neglect of duty of the
overseer within whose limits the same shall be, except in time