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Dec Ses. 1817.
Penalty for not
keeping roads
in repair.
How to be re-
covered.
Stone, gravel,
&c. may be re-
moved.
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shall be required, with all their able bodied males which belong to
them, or are in their employ and under their controul; provided
that no female, nor white male over fifty years of age, or under
twenty-one years of age, nor any coloured person over sixty years
of age or under eighteen years of age, shall be obliged to attend or
work, but it shall be their duty to furnish all able bodied males
within said age, and to attend themselves, if males, and within the
ages aforesaid, whenever required as aforesaid, under a penalty
not exceeding one dollar and fifty cents for every hand or person
so required, to be recovered in the name of the state by the super-
visor, before a justice of the peace in said county, as other small
debts are, which shall be accounted for by the. supervisor, on oath,
to the levy court, and the supervisor may receive any fine as afore-
said without a warrant, and account for the same as aforesaid.
7. And be it enacted, That if any of the supervisors appointed by
this act, shall not sufficiently clear, amend, and keep in good order
and repair, the public roads within his district, or shall suffer any
fallen trees, or other obstructions, to remain in or across any of the
said public roads, whereby any cart, wagon, or other carriage,
may be obstructed for more than three days together, he having no-
tice thereof, or shall neglect to fall all dead trees on cither side of
the said public roads, whose limbs hang over and may by their
falling injure travellers, or to lop or cut off all limbs or branches of
trees hanging or projecting over the road, within fifteen feet above the
surface thereof, or shall suffer any of the bridges or causeways to
be out of repair, (except framed bridges exceeding twelve feet in
width,) or shall neglect to make and keep in repair bridges for
foot travellers, where necessary, 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.
8. 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 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, (ex-
cept in time of wheat harvest,) shall be authorised to issue his war-
rant, 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 thereupon 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.
9. And be it enacted, That it shall and may be lawful for the se-
veral and respective supervisors of the said roads, and they are
hereby authorised and empowered, as often as need shall require,
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 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,
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