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ROADS.
of wheat harvest, shall issue his warrant, in the name of the
state, against such overseer, and if judgment shall be rendered
against him for the fine or forfeiture imposed by this act, the
same shall be certified by the justice rendering the same to the
clerk of the said county, who shall thereupon issue process of
execution, directed to the sheriff, for the recovery thereof, and
the same shall be accounted for and paid to the order of the
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1749
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levy court ; Provided nevertheless, that nothing herein con-
tained shall prevent any of the said overseers offending against
the provisions of this act from being presented by the grand
jury for any neglect of duty not before punished by any of the
justices of the peace as aforesaid ; And provided also, that any
overseer of the load against whom judgment shall be rendered
by a justice of the peace as aforesaid, may appeal to the next
county court, who may hear and determine the same in a sum-
mary way, and such appeal shall be a supersedeas to the issu-
ing execution on the judgment of such justice, until the same
shall be heard and determined by the county court.
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Provisos.
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SEC. 15. And, whereas it may be proper and necessary to
vest a competent power in the justices of the levy court to turn,
alter, straighten or lay out, roads in the counties aforesaid,
where the proprietors of the lands through which the roads
may be intended to be so turned, altered, straightened or laid
out, may pass, are willing and capable of consenting to applica-
tions of this nature ; therefore, Be it enacted, that upon the
application in writing from all the proprietors of the lands
through which any public road may pass, or be prayed to pass,
petitioning for the turning, altering, straightening or laying
out, a public road, notice thereof being given by advertisement,
set up, one at the court-house door of the county, and another
at the most public place in the neighbourhood where such
loads is prayed to be turned, altered, straightened or laid out,
at least three weeks previous to the application aforesaid, it
shall and may be lawful for the justices of the said levy court,
upon being satisfied that the granting of such petition will be
of public convenience, and they are hereby authorized and era-
powered, to direct the surveyor of the said county to lay out
such road, agreeably to the prayer of such petition, or in such
other manner as they shall think most expedient, and to make
return of such location with all convenient speed ; and after
such road shall be surveyed and laid out agreeably to the in-
tentions 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 re-
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On applica-
tion, road
may be
altered.
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