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Damages.
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SEC. 8. And be it enacted, That whenever any old road shall
be altered in its breadth or direction as aforesaid, the justices
aforesaid may agree with the persons over whose land such
road or roads may pass for the amount of damages sustained,
but if no agreement be made they shall issue their warrant,
directed to the sheriff of the said county, commanding him to
summon and return a jury of twelve good and lawful men of
the said county, not interested or related to the party or parties,
to be and appear before one of the said justices on the premises,
at a certain day in the said warrant to be expressed, which
jury, on their oath or affirmation, shall inquire who is or are
the owner or owners of the land over which any road or roads
so widened or laid out shall pass, and what damages such
owner or owners will actually suffer from the passage of such
road or roads over the said land, the said jury taking into con-
sideration all convenicncies and inconveniencies, advantages
and disadvantages, if any, arising thereby or therefrom, by the
improvement oi' said road, and the sheriff shall return the in-
quisition of the jury aforesaid, under his hand and seal, to the
next levy court, and the amount of damages therein expressed,
if. any, shall be paid by order of the said court out of the
moneys to be levied as aforesaid ; but no road shall be made to
run through any building, enclosed yard, garden, meadow or
orchard, without the consent of the owner, nor shall any field
in which grain, hemp, flux, tobacco, or other cultivated articles,
are growing, be laid open until after the season for collecting
and securing the crop growing in such field.
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Warrants
for super-
visors to bo
made out
by clerk.
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SEC. 9. And be it enacted, That the warrants shall be made
out for the supervisors by the clerk of the said county, and by
him delivered to the sheriff of the comity within fifteen days
after they shall be ordered by the said court, under the penalty
of fifteen dollars for each warrant so ordered and not delivered
by the clerk, and the like penalty of fifteen dollars for each
warrant received by the sheriff', and not delivered by him
within ten days to the supervisor, to be recovered before a
single magistrate, as in the case of small debts out of court, and
applied towards clearing and amending the public roads.
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Penally for
neglect..
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SEC. 10. And be it enacted, That if any of the said super-
visors shall not sufficiently clear and amend the said public
roads within his district, within a reasonable time after it shall
be out of repair, or shall not straighten the said public roads, as
marked and bounded by the commissioners, or shall suffer any
fallen trees, or other obstruction, to remain in or across any of
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