ROADS.

said roads, as has been done heretofore, under the penalty not
exceeding ten dollars for every day such road or bridges shall
be out of order, the same to be recovered before a justice of the
peace, in the same manner as fines are laid and recovered
against supervisors by section nine ; the same to be applied as
aforesaid.

2305

SEC. 13. And be it enacted. That any justice of the peace
may lay any of the fines aforesaid, and give judgment for the
same, and issue execution thereon as in case of small debts.

Magistrates
may Jay
fines.

SEC. 14. And be it enacted, That if any person or persons
shall alter, change, obstruct or encroach upon any of the said
roads, or cut down, destroy or purposely injure, any of the
bridges or causeways, such person or persons, on being thereof
convicted in the county court, shall be fined at the discretion
of the said court, in a sum not exceeding fifty dollars, to be ap-
plied towards defraying the county charges.

Persons ob-
structing,
&c.—
damages.

SEC. 15. And be it enacted, That if any person or persons
shall wish to alter, change or straighten any part of the public
roads in said eounty, they shall petition the levy court of said
county, who shall appoint not more than five nor less than
three judicious men of said county, not related to the party ap-
plying for such alteration, as commissioners, who shall view
the old road and the place where the new road is proposed to
run, or wished to be made ; and if the said commissioners or a
majority of them, are of opinion that it would not be a disad-
vantage to the community at large, they, or a majority of them
concurring in opinion, shall have liberty to make, alter and
change such road as they may think beneficial to the public;

Changes;
commis-
sioners;
their duty;
damages;
plot.

Provided, that the said commissioners, before they proceed to
perform the duties required by this act, shall take an oath, to
be administered by a justice of the peace of said county, that
they will faithfully and impartially perform the duties re-
quired by this act ; and that the person or persons applying for
such alteration, shall pay all damages, costs and charges, that
shall or may arise from making such alteration ; And provided
always, that it shall not be lawful to shut up, stop or obstruct
any road so altered or changed, before the new road shall be
made and perfected, and received by the levy court of Wor-
cester county ; and it shall be the duty of such commissioners
to make a return of their proceedings to the levy court, with a
plot of the old road so far as is intended to be altered, and
also of the new road ; and whenever the return shall be re-
ceived and confirmed by the levy court, and the new road shall
be sufficiently made and opened to the satisfaction of the levy
court, the levy court may direct the old road to be stopped, and
the new road to be received and kept in repair as other public
roads.
289

Proviso.