2302

WORCESTER COUNTY.

public roads, and to signify the same to him by warrant, under
the hand of the clerk of said county, and the seal of office,
according to the number and divisions of said roads, as the same
shall be ascertained upon their records ; and the said justices
may adjourn from time to time until the said roads shall be
duly ascertained, and supervisors appointed as aforesaid.

Persons ap-
pointed and
not serving,
to be fined.

SEC. 3. And be it enacted, That any person appointed a
supervisor in virtue of this act, and refusing to act as such, and
comply with the requisites thereof, shall forfeit and pay the
sum of twenty dollars, to be recoverable in the name of the
state, before any justice of the peace of said county, and applied

Proviso.

by the levy court toward defraying the county charges ; Pro-
vided, that no one person shall be compelled to act as supervi-
sor, on any of the public roads more than one year in every
three years, without his consent.

Death, re-
futtal, &c;
successor;
to be noti-
fied.

SEC. 4. And be it enacted, That if any supervisor appointed
under this act, shall refuse to act, remove out of the county,
become disqualified, or die, it shall and may be lawful for any
two justices of the said levy court, to supply every such va-
cancy so happening, by the appointment of another suitable
person to act as supervisor, under the same penalties and re-
gulations as if he had been appointed by a majority of the said
justices ; and the said justices shall certify every such appoint-
ment, under their hands, to the clerk of said county, within
ten days thereafter ; and the said clerk shall, within ten days
after being so notified thereof, issue a warrant to the person so
appointed, and deliver the same to the sheriff of the county
aforesaid, to be by him delivered to the person so appointed, or
left at his place of residence, within ten days after receiving
the same, under the penalty of ten dollars current money for
every neglect by the sheriff or clerk respectively ; and if any
person appointed supervisor as aforesaid, shall not lodge his
warrant with the county clerk within fifteen days after he
shall receive the same, he shall be considered as accepting the
appointment, and may be proceeded against for neglect of duty
accordingly.

Repairs;
fines.

SEC. 5. And be it enacted, That whenever the public roads
shall want repairs, except in wheat harvest, it shall be the duty
of each supervisor to call on all persons within his district, or
as many as he may deem necessary, who shall have paid county
taxes, or shall be charged with the same, (except persons own-
ing water-mills over which a public roads leads,) at least two
days before he intends working on said roads, and to notify
them of his intentions, and the place and hour of meeting, and
what tools they must furnish, whose duty it shall be to attend
at the hour appointed with such tools as shall be required, with
all their able-abodied males which belong to them, or are in