|
JOHN FRANCIS MERCER, ESQUIRE, GOVERNOR.
limits the same shall be, except in time of wheat harvest, shall issue
his warrant, in the name of the state, against such overseer,
and if judgment shall be rendered against him for the fine or forfeiture
imposed by this act, the same shall be certified by the justice
rendering the same to the clerk of the said county, who shall
thereupon issue process of execution, directed to the sheriff, for the
recovery thereof, and the same shall be accounted for and paid to
the order of the levy court; Provided nevertheless, that nothing
herein
contained shall prevent any of the said overseers offending
against the provisions of this act from being presented by the grand
jury for any neglect of duty not before punished by any of the justices
of the peace as aforesaid; And provided also, that any overseer
of the road against whom judgment shall be rendered by a justice
of the peace as aforesaid, may appeal to the next county court, who
may hear and determine the same in a summary way, and such
appeal shall be a supersedeas to the issuing execution on the judgment
of such justice, until the same shall be heard and determined
by the county court. |
1801.
CHAP. 54.
Provisos. |
15. AND, whereas it may be proper and necessary
to vest a competent
power in the justices of the levy court to turn, alter, straighten
or lay out, roads in the counties aforesaid, where the proprietors
of the lands through which the roads may be intended to be so
turned, altered, straightened or laid out, may pass, are willing and
capable of consenting to applications of this nature; therefore, BE
IT ENACTED, that upon the application in writing from all the proprietors
of the lands through which any public road may pass, or
be prayed to pass, petitioning for the turning, altering, straightening
or laying out, a public road, notice thereof being given by advertisement,
set up, one at the court-house door of the county, and
another at the most public place in the neighbourhood where such
roads is prayed to be turned, altered, straightened or laid out, at
least three weeks previous to the application aforesaid, it shall and
may be lawful for the justices of the said levy court, upon being satisfied
that the granting of such petition will be of public convenience,
and they are hereby authorised and empowered, to direct the
surveyor of the said county to lay out such road, agreeably to the
prayer of such petition, or in such other manner as they shall think
most expedient, and to make return of such location with all convenient
speed; and after such road shall be surveyed and laid out
agreeably to the intentions of this act, the said court shall direct the
application for such road, and the order and proceedings thereupon,
and the return of the surveyor, to be enrolled among their records,
and thereupon and thereafter such road shall be deemed and considered
to be a public road, and shall be kept up and repaired as
other public roads in the said county; Provided nevertheless, that
no old road, so to be affected by this act, shall be stopped up until
the new road shall be viewed, examined and received, by two justices
of the peace, to be appointed by the said court; And provided
also, that such new road shall be laid out, made and completed, at
the proper expense of the parties applying for the same; And provided
further, that no such application shall affect the lands of infants,
persons non compos mentis, or persons beyond the limits of
this state, until the said disabilities shall be removed. |
On application,
road may be altered.
Provisos. |
VOL I.
13
|
 |
