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Dec. Ses. 1816
Supervisors
may be war-
ranted for neg-
lect.
Fines to be paid
to levy court.
Duty of super-
visors.
Proviso.
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bridges exceeding fifteen feet in width) or shall otherwise fail to
perform the duties of a supervisor, he shall forfeit and pay a sum
of money not exceeding ten dollars for every such offence, to be
recovered and applied as aforesaid.
9. And be it enacted, That any justice of the peace of said
county who, upon his own view, or upon the information, oath or
affirmation, of any one or more credible witnesses, shall disco-
ver, 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 he, 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 not exceeding ten dollars, and he does not pay the
same within twenty days, the said justice of the peace may there-
upon issue process of execution for the, recovery thereof, and the
same shall be accounted for, and paid to the order of the levy
court of said county, and applied as aforesaid.
10. And be it enacted, That the justices of the peace respec-
tively shall be authorised and empowered to receive any fine or
fines for which they may respectively render judgment against
any supervisor of the roads 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, for money had and
received, 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 be found on any land adjoining the roads, for which
the same may be necessary, and to employ the same in repairing
of the said roads, and for the milking 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
conveniencies on the said roads: Provided always, that it shall
not be lawful for any supervisor to enter any enclosure for the
purpose of obtaining any stones, 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 super-
visor 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
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