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justices, or any two of them, most convenient, in the recess of
the said court, may nominate and appoint, under their bands
and seals, by warrant, another person in his place, to serve for
the residue of the time for which such overseer so dying, re-
fusing to act, or misbehaving, was originally appointed ; and
the overseers nominated and appointed as aforesaid, shall clear,
amend, and keep in good repair, the said public roads within
their respective districts, and shall make, amend, and keep in
good repair, nil such bridges and causeways as are needful and
requisite to be made and repaired ; and to enable the said over-
seers effectually to perform the said duties, they are hereby
empowered, from time to time, to hire and employ, at reason-
able wages, a sufficient number of labourers to work on the
said public roads, and to hire and employ carts, wagons, or
other convenient carriages, for the purpose of carrying sand,
stones, timber, or other heavy articles necessary for the
straightening and amending the said roads, or making and
keeping in repair the said bridges and causeways, and also
to agree at reasonable rates for, and purchase, such wood and
timber as may be necessary in making such bridges and cause-
ways, from the owner or owners of the land where such wood
and timber may be obtained, nearest and most convenient to
the bridges or causeways so to be made or repaired, provided
such wood or timber is not to be found within the width or
limits of such road as is hereafter mentioned and directed to be
laid out, straightened and amended ; and in case the owner or
owners of the said land will not agree with such overseer to
make sale of the said wood or timber for a reasonable price, or
shall refuse to make sale thereof, or by reason of infancy,
coverture, insanity, or other disability, shall be incapable oi
making sale thereof, then such overseer is hereby empowered
and required to cut down and carry away, or cause to be cut
down and carried away, any trees or timber growing upon the
said adjacent land, provided the same be not fruit trees or for
ornament, nor fit for clapboards or shingles, and apply the
same to the making and repairing the said bridges and cause-
ways as aforesaid ; and where the owner or owners of such
land, and the overseer as aforesaid, cannot agree upon the price
of such wood and timber, or the owner or owners shall refuse
to make sale of the same, or may be under disability to make
such sale as aforesaid, and the overseer shall cut down or carry
away any trees or timber as aforesaid, the said justices shall,
upon application of the owner or owners, or of any person on
his or their behalf, properly authorized, adjudge to him or
them such compensation for the trees or timber so cut down or
carried away, as to the justices shall appear reasonable and
proper, and shall draw an order for the sum so adjudged in
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And ap-
point over,
seen, &c.
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