274

LAWS OF MARYLAND.

ing or projecting over the said roads within fifteen feet
above the surface thereof, or shall in any other manner
fail or neglect to perform the duties of a supervisor of
the said roads according to the directions of this act,
every such supervisor so failing or neglecting, shall for-
feit and pay a sum not less than five dollars nor more
than twenty-five dollars, in the discretion of the circuit
court, for every offence, except in the time of wheat
harvest, to be recovered by presentment or indictment
of the grand jury as other forfeitures are now recovered.

Power to take
and remove
stone.

SEC. 3. 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 em-
powered, as often as need shall require, to dig, take and
remove any stone, gravel, or earth of firm quality, which
may be found on any lands adjoining the roads for
which the same may be necessary, and to employ the
same in the repairing of causeways over the heads of
rivers, creeks, branches, swamps, or other low, 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 or saw and carry away from
off such lands, and to apply the same to the making
and repairing of the bridges and causeways; Provided,

Provisoes.

however, that the said supervisors or their deputies or
agents before they proceed to cut. any limber or remove
any earth or gravel as herein before provided, shall
consult, the owners of the lands whereon the timber is
growing and the earth or gravel is situated, if the said
owner is residing in the neighborhood, or if not, then
the tenant occupying said lands, where it is most agree-
able to cut said timber or take said earth or gravel, and
if they can agree on the place from which said timber
is to be cut or earth to be removed and the price, then
the said supervisors, their deputies or agents, shall take
the said earth or timber from the place indicated by the
owner or tenant as aforesaid, but in case they cannot
agree, then the said supervisor, his agent or deputy,
shall summon a jury of twelve men, who shall decide
the matter in controversy between the owner of said
limber or earth, and the supervisor or his agent or dep-
uty, and if in their judgment, the wants and interests of
the public require the limber or earth, they shall and
may proceed to condemn and value the same, and after
the condemnation aforesaid, the said supervisor, or his
agent or deputy, may proceed to remove said timber or