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in the name of the state, to be applied as other fines are directed
by this act.
11. 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 re-
quire, to dig, take and remove, any stones, gravel or earth,
which may he found on any land adjoining the roads for which
the same may he necessary, and to employ the same in repairing
the said roads, and for the making or repairing of bridges over
the heads of rivers, branches, creeks, swamps, or other low,
marshy, and miry places, through or 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 adjacent lands to such place where
bridges may be necessary as aforesaid, and the same trees may
maul or carry away off such lands, and to apply the same to the
making of the said bridges, or other necessary repairs or conve-
niencies on the said roads; Provided always, that it shall not be
lawful for any supervisor to enter any enclosure for the pur-
pose of obtaining any stone, gravel, earth or timber, for the
purposes aforesaid, without the consent of the owner or owners
thereof, or if a minor or minors, without the consent of his, her,
or their guardians, and that it shall be the duty of each supervi-
sor to make a separate return, on oath, of the timber taken by him
for the use of the said roads, and a list of the persons to whom it
belonged, with his view of the value thereof, which shall be levi-
ed on the assessable property of the said county, for the use of
person or persons to whom it belonged, and collected as other
county charges are; and it shall be the duty of each supervisor
to render to the said levy court annually, a true account of all
work done on said roads, and by whom, and that the said person
or persons who shall thus work or labour, shall be allowed in the
levy list, or credited for the same in their county charges.
12. And be it enacted, That if any person or persons shall alter,
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.
13. 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 opinion that it would not lie a disadvantage to the com-
munity at large, they, or a majority of them, concurring in opi-
nion, shall have liberty to make, alter, and change such road,
as they may think beneficial 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
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Dec. Ses. 1816
Duty of super-
visors.
Proviso.
Fine on per-
sons altering
roads, &c.
Levy court to
alter, &c roads.
Proviso.
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