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Take a list
of names,
&c.
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SEC. 11. And be it enacted, That within one month after
the receipt of their respective warrants, the several overseers
aforesaid, under the directions of the said justices, shall take
down a proper list of the names of all and singular the able-
bodied free male inhabitants residing therein above the age of
twenty-one years, and under the age of fifty years, and of all
the able-bodied male servants and slaves above the age of six-
teen years, and under the age of fifty years ; and the said over-
seers shall justly and impartially call for and require the labour
of all and singular the persons aforesaid, alternately, and in
such convenient numbers and classes as to place the burthen
of their service equally upon all; Provided nevertheless, that
the labour of the said persons shall not be called forth for the
purposes of this act during the season of wheat harvest, nor in
such manner as to take more than half the number of persons
aforesaid belonging to one family at the same time.
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Summon
the class
arranged,
&c.
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SEC. 12. And be it enacted. That as often as the said over-
seers shall judge it necessary to call upon the said inhabitants
for their labour in and upon the said roads, they shall summon,
or cause to be summoned, the number and class which they
shall have previously arranged, having had regard to the
quantity and quality of work necessary to be done upon the
said roads, giving each free person liable to work upon the
same, and the master, mistress or overseer of each servant or
slave aforesaid, two days notice at the least, of the time and
place appointed for their labour, except in such extraordinary
cases as may require a shorter notice, and every free person
liable to work upon the roads so summoned shall be obliged to
attend in person, or to provide a sufficient substitute; and if
any person, being so summoned, shall neglect or refuse to at-
tend, or to provide a sufficient substitute, he shall forfeit and
pay the sum of one dollar for each offence; and if any person
shall attend, and not perform the reasonable labour required of
him by the overseer of the road, according to his ability, he
shall be adjudged a defaulter, and shall incur the same penalty
as if he had neglected to attend ; and in case the master, mis-
tress or overseer of any servant or slave, upon being notified
as aforesaid, shall refuse or neglect to send such servant or
slave, or if such servant or slave, after being sent, shall neglect
to perform his reasonable labour as aforesaid, such master, mis-
tress or overseer, shall forfeit and pay the sum of one dollar for
every servant or slave so refused or neglected to be sent, or
when sent refusing to work as aforesaid.
Modified by 1799, ch. 5, sec. 3.
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Aad keep a
list of all
defaulters,
&c.
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SEC. 13. And be it enacted, That it shall be the duty of the
said overseers to keep a true and proper lists of all and every
person or defaulter, who, being summoned as aforesaid, shall
neglect or refuse to attend at the times and places appointed as
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