JOSEPH KENT, ESQUIRE, GOVERNOR.

1827

shall be assessed and levied apon the county, in the same
manner as other public charges,
SEC. 13. And be it enacted, That any of the justices of the
levy court of said county, who, upon his own view, or on the j
information, oath or affirmation of one or more credible wit-
nesses, shall discover or be satisfied that any bridge, road or
causeway 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 issue his warrant, in the name of
the state, against such supervisor, 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 re-
covery thereof, and the same shall be accounted for and paid

CHAP. 96.

Proceedings a-
gainst supervisors
tor neglect.

to the order of the levy court: Provided nevertheless, That
nothing herein contained shall prevent any of the said super-
visors 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 afore-
said.

Presentments-

SEC. 14. And 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 laving out a public road,
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,
not exceeding twenty feet in breadth, and to make return of
such location with all convenient speed; and after such road
shall be surved, and laid out agreeably to the intentions of
this act, the said court shall direct the application for such
road, and order and the proceedings thereupon, and the return

Levy court em-
powered to order
new roads to be
laid out.

of the surveyor, to be enrolled among the records, and there-
upon and thereafter such road shall be deemed and consider-
ed to be a public road, and shall be kept up and repaired as

Survey and record

other public roads in the said county; Provided, nevertheless,
That no old road, so to be affected by this act, shall he stop-
ped up until the new road shall be viewed, examined and re-
ceived, by two justices of the levy court, 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.

Proviso

SEC. 15. And be it enacted, That if any person or persons
shall alter or change, or in any manner obstruct or encroach
upon any of the said roads, or any part or parts thereof, cut
down, destroy or injure any of the said bridges, causeways,
boundaries, marks or directions therein or thereon, without

Penalty for injur-
ing roads or brid-
ges.