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.
22. 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 relating to the party applying for such alteration, as com-
missioners, 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 com-
missioners, or a majority of them, are of opinion that it would not be a
disadvantage to the community at large, they, or a majority of them,
concurring in opinion, 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 du-
ties 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 alteration, shall pay all dama-
ges, 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 received by the levy
court of Worcester county; and it shall be the duty of such com-
missioners 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 suffi-
ciently made and opened to the satisfaction of the levy court, the
levy court may direct the old road to be slopped, and the new road
to be received and kept in repair as other public roads.
23. 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 inhabi-
tants of any neighbourhood through which any road so prayed for
may pass, shall appoint not/or than five nor less than three com-
missioners, who shall be freeholders, and judicious men of said
county, not related to the party applying for such road, nor hold-
ing 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 afore-
said 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
of the ground and other circumstances will admit; provided the
levy court shall be satisfied that thirty days previous notice has
been given by advertisement, set up at the court house door in said
county, also in the neighbourhood where the said road is intended
to run, describing the same.
24. And be it enacted, That it shall be the duty of the said com-
missioners, so as aforesaid appointed by the levy court of said
county, or a majority of them, to cause a. plot and certificate of
said road, so opened, to be made and returned to the levy court of
said county, whereupon it shall be lawful for, and the said levy
court are hereby enjoined, to levy upon the assessable property of
the said county, a sum of money such as they may deem necessary
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Dec. Ses. 1817
Persons wish-
ing to alter
roads, how to
proceed.
Provisos.
Comm'rs to
be appointed
to lay out roads.
Plot to be re-
turned.
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