ROADS.

1791

to employ the same in repairing of the said roads ; and for the
making or repairing of bridges over the heads of rivers,
branches, creeks, swamps or other low, marshy and miry
places, through or over which the said roads may pass, to cut
down, or cause to be cut down, any tree or trees, (fruit and
ornamental trees always excepted) standing or growing on any
of the lands adjacent to such place where bridges may be neces-
sary as aforesaid, and the same trees to maul or split, and carry
away off such lands, and apply the same to the making or re-

pairing of the said bridges or other necessary repairs or con-
veniences on the said loads; Provided always, that it shall not
be lawful for any supei visor to enter any enclosure for the pur-
pose of obtaining any stones, gravel, earth or timber for the
put pose aforesaid, without the consent of the owner or owners
thereof, or if the owner or owners be a minor or minors, then
without the consent of his, her, or their guardian or guardians ;
and that it shall be the duty of each supervisor to make a separate
return, on oath, of the timbers taken by him for the use of the
said roads, and a list of the pei sons to whom it belonged, with his
estimate of the value thereof, which shall be levied on the as-
sessable property of said county, for the use of the person or
persons to whom it belonged, and collected as other county
charges are; and it shall be the duty of each supervisor to

Proviso.

lender to the said levy court, annually, a true account of all
work done on said roads, by whom done (being taxables and
actually charged with taxes) in order that the said person or
persons, who shall have thus worked or laboured on the road,
or shall have furnished timber for the repairs of the same, shall
be credited for the same in their respective county charges.

Account.

SEC. 9. 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 purposely injure any of the
bridges or causeways, such person or persons, on being thereof
convicted in the county court, shall be fined at the discretion
of said court, in a sum not exceeding fifty dollars, to be applied
towards defraying the county charges.

Penalty for
injuring
roads, &c.

SEC. 10. And be it enacted. That if any person or persons
shall wish to alter, change or straighten any part of the public
roads in said county, they shall petition the levy court of said
county, who thereupon shall appoint, not more than five not
less than three judicious men of said county, not related to the
patty or parties applying for such alteration, as commissioners,
who shall view the old road and the place where the new road
is proposed to run, or wished to be made ; and if the said com-
missioners, or a majority of them, shall be of opinion that it
would not be a disadvantage to the community at large, nor
materially injure any individual, they, or a majority of them
concurring in opinion, shall have full power and authority to

Roads may
be changed.