|
On applica-
tion appoint
persons,
&c.
|
SEC. 7. And be it enacted, That when the said justices shall
meet in session at their levy court, they, or a majority of them,
shall, on application in writing, signed by two-thirds of the in-
habitants of any hundred through which any roads pass, to
widen and straighten any old road laid out as a public road,
shall appoint three discreet persons, freeholders in the said
county, as commissioners, not holding any part of the lands
through which the said road or roads may pass, nor related to
the person or persons holding the land that may be affected by
the running of the said roads, to -view, survey and plot, the
said road so applied for, and make a return thereof to the said
court at their next meeting, who, on receiving such plot or
plots, shall examine the same, and all the evidence that shall
or may be offered for or against the .said road or roads, as re-
turned, and may reject or confirm the same as a public road, or
may direct the said commissioners to alter and amend the said
plot, and when so amended, may reject or confirm the same,
and when confirmed, shall accordingly direct the commis-
sioners to mark and bound the said road or roads, not exceed-
ing thirty feet in width, clear of ditches, and direct a supervi-
sor or supervisors to clear and improve the same, in the same
manner, and on the same terms, as other roads, and upon com-
pleting the same, it shall be deemed a public road, and be
kept in repair as all other public roads in said county are by
this law directed ; Provided, that notice be set up in writing,
by advertisement, at least three weeks, in the most public
places in such hundred or hundreds, by some one inhabitant
or inhabitants thereof, (previous to their offering a petition or
petitions,) declaring their intention to apply to the justices of
the levy court for the purposes aforesaid.
|
|
And agree
for da-
mages, &c.
|
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 the 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 par-
ties, to be and appear before one of the said justices on the
|