SAMUEL SPRIGG, ESQ. GOVERNOR.

69

ten dollars for every day such road or bridges shall be out of or-
der, 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.
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.

Dec. Ses. 1821.

Magistrates
may lay fines.

14. And be it enacted, That if any person or persons shall al-
ter, change, obstruct or encroach upon any of the said roads, or cut

down, destroy or purposely injure, any of the bridges or cause-
ways, 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 applied towards defraying the
-county charges.

Persons ob-

structing, &c.
—damages.

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 county, 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 applying 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 opin-
ion that it would not be a disadvantage to the community at large,
they, or a majority of them concurring in opinion, shall have liber-
ty to make, alter and change such road as they may think benefici-

Changes—com-

missioners—
their duty--da-
mages.—plot.

al to the public; 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 required
by this act; and that the person or persons applying for such alter-
ation, 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 re-
ceived by the levy court of Worcester 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 received 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 bo stopped, and the
new road to be received and kept in repair as other public roads.

Proviso.

16. And be it enacted, That the justices of the levy court of
Worcester county, be, and they are hereby authorised and empow-
ered, on application in writing, signed by the majority of the in-
habitants of any neighborhood through which any road so prayed
for may pass, to appoint not more than five nor less than three com-
missioners, who shall be free-holders, and judicious men of said
county, not related to the party applying for such road, nor holding
land through which the said road shall be opened, and they, or a
majority of them shall proceed to lay out the road so as aforesaid
ordered by the said levy court to be opened, in the manner and
width that the levy court shall have directed, as well as the nature

New roads.

of the ground and other circumstances will admit; Provided, The

Proviso.