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BENJAMIN OGLE, ESQUIRE, GOVERNOR.
oath or affirmation, of one or more credible witnesses, shall discover
or be satisfied that any bridge, road or causeway, is out of repair
from neglect of duty of the supervisor within whose limits the
same shall be, except in time of wheat harvest, shall be authorised
to issue his warrant, in the name of the state, against such supervisor,
directed to the constable 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 judgment be rendered against him for any fine or forfeiture
not exceeding twelve dollars, and if he shall not pay the same, the
said justice of the peace, may thereupon issue process of execution
for the recovery thereof, and the same shall be accounted for an
paid to the order of the levy court of said county, and applied as
aforesaid; Provided nevertheless, that nothing herein contained
shall
prevent any of the said supervisors, offending against the provisions
of this act, from being presented by the grand jury for any neglect
of duty, not before punished by any one of the justices of the peace
as aforesaid. |
1800.
CHAP. 58.
Proviso. |
12. AND BE IT ENACTED, That the justices of
the peace respectively
shall be authorised and empowered to receive any fine or fines
for which they may respectively render judgment against any supervisor
of the road in said county, and shall account with, and
pay over to the levy court annually, all monies which they may
have respectively received in virtue of this act, under the penalty
of paying treble the amount thereof in case of failure or neglect,
to be recovered in the county court in an action for money had and
received, in the name of the justices of the levy court of said county,
to be applied as other fines are heretofore directed by this act. |
Justices to receive
and account for
fines. |
13. AND BE IT ENACTED, That no supervisor
shall be answerable
for the fine or fines imposed, where it can be made appear that
the neglect of such supervisor happened after the sum appropriated
to the road or roads of which he is supervisor had been applied and
extended under the direction of the court aforesaid. |
Supervisors not
answerable in certain
cases. |
14. 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 authorised and empowered, as often as need shall require,
to dig, take and remove, any stones, gravel, or earth of a firm quality,
which may be found on any land adjoining the roads for which
the same may be necessary, and to employ the same in the repairing
of the said roads; and for the making or repairing of bridges
over the heads of rivers, creeks, branches, swamps, or other low
and miry places, through and 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 next adjacent lands to such places where bridges may
be necessary as aforesaid, and the same trees to maul and carry
away off such lands, and to apply the same to the making or repairing
of the said bridges; Provided always, that before any tree
or trees shall be cut down for the purposes aforesaid, notice thereof
shall be given to the owner, tenant or overseer, and due compensation
made, or secured to him or them by the county, according to the
full value thereof, in such manner as the justices of the levy court
shall direct. |
They may dig and
remove stones,
&c.
Proviso. |
15. AND BE IT ENACTED, That the said supervisors
respectively
shall, before they begin to straighten, amend or repair, any road, |
To give notice to
inhabitants before
they begin to repair
roads. |
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