8304

WORCESTER COUNTY.

(oath or affirmation,) of any one or more credible witnesses,
shall discover, or be satisfied, that any bridge, road or cause-
way is out of repair from the neglect of duty of the supervisor
within whose limits the same shall be, (except in time of
wheat harvest) shall be authorized to issue his warrant, in the
name of the state, against such supervisor, directed to the con-
stable of the hundred, and returnable before himself or some
other justice of the peace for said county, who shall proceed to
give judgment according to the merits of the case; and if judg-
ment be rendered against him for any fine not exceeding ten
dollars, and he does not pay the same within twenty days, the
said justice of the peace may thereupon issue process of exe-
cution for the recovery thereof, and the same shall be ac-
counted for and paid to the order of the levy court of said
county, and applied as aforesaid.

May take
materials
for repairs;
value.

SEC. 10. And be it enacted, That it shall and may be lawful
for the several and respective supervisors of the said roads, and
they are hereby authorized and empowered, as often as need
shall require, to dig, take and remove any stones, gravel or
earth, which may be found on any land adjoining the roads for
which the same may be necessary, and to employ the same
in repairing the said roads, and for the making or repairing of
bridges over the heads of rivers, branches, creeks, swamps, or
other low, marshy and miry places, through or over which the
said roads may pass ; to cut down, or cause to be cut down,
any tree or trees growing on any of the adjacent lands to such
place where bridges may be necessary as aforesaid and the
same trees may maul or carry away off such lands ; and to
apply the same to the making of the said bridges, or other ne-

Proviso.

cessary repairs or conveniences on the said roads ; Provided
always, that it shall not be lawful for any supervisor to enter
any enclosure for the purpose of obtaining any stone, gravel,
earth or timber, for the purposes aforesaid, without the consent
of the owner or owners thereof, or if a minor or minors, with-
out the consent of his, her or their guardians ; and that it shall
be the duty of each supervisor to make a separate return on
oath, of the timber taken by him for the use of the said roads,
and a list of the persons to whom it belonged, with his view of
the value thereof, which shall be levied on the assessable pro-
perty of the said county, for the use of the person or persons
to whom it belonged, and collected as other county charges are.

Framed
bridges.

Sec. 11. And be it enacted. That it shall be the duty of the
levy court of said county, and they are hereby directed to keep
up the necessary repairs of all framed bridges in said county as
they have before been kept up.

Water-
mills.

SEC. 12. And be it enacted, That all owners of water-mills
over which public roads pass, shall be bound to keep in repair