1797.

L A W S of M A R Y L A N D.

C H A P.

LXIII.

overfeer, fo failing or neglecting, fhall forfeit and pay the fum of five dollars for
every offence, except in the time of wheat harveft.

They may dig
and remove
ftones, &c.

VII. And be it enacted, That it fhall and may be lawful for the feveral and
refpective overfeers of the faid roads, and they are hereby authorifed and em-
powered, as often as need fhall require, to dig, take and remove, any ftones,
gravel, or earth of firm quality, which may be found on any land adjoining the
roads for which the fame may be neceffary, and to employ the fame in the re-
pairing of the faid roads; and for the making or repairing of bridges over the
heads of rivers, creeks, branches, fwamps, or other low and miry places, through
and over which the faid roads may pafs, to cut down, or caufe to be cut down,
any tree or trees growing on any of the next adjacent lands to fuch places where
bridges may be neceffary as aforefaid, and the fame trees to maul and carry away
from off fuch lands, and to apply the fame to the making or repairing of the
faid bridges; provided always, that no enclofures fhall be laid open or entered
into to obtain the feveral materials aforefaid, or any of them, without the con-
fent of the owner or owners thereof; and provided alfo, that before any tree or
trees fhall be cut down for the purpofes aforefaid, notice thereof fhall be given
to the owner, tenant or overfeer, and due compenfation made or fecured to him
or them by the county, according to the full value thereof, in fuch manner as
the juftices of the levy court fhall direct and appoint.

Call on all
free male in-
habitants, &c.

VIII. And be it enacted, That the faid overfeers fhall have power, and they
are hereby authorifed and required, to call upon all and fingular the free male
inhabitants of their refpective limits above the age of twenty-one years, and
upon all and fingular the male flaves refiding therein above the age of fixteen
years, to labour and affift in clearing, amending, improving and repairing, the
feveral and refpective roads aforefaid, and to require fuch and fo many of the faid
perfons as they fhall from time to time deem neceffary, to affemble at fuch place
within their refpective limits as the faid overfeers fhall feverally appoint, with
fufficient implements of labour, and thereupon to proceed in the execution of
fuch work and labour upon the faid roads for the improvement and repair thereof,
as the refpective overfeers fhall order and direct; and the faid overfeers fhall alfo
have power to hire and employ carts and teams for the carrying and removing
all fuch ftones, dirt, gravel and timber, as may be deemed requifite for repair-
ing and completing the faid roads and bridges, and the expence of fuch carts
and teams fhall be levied upon the county.

Take a lift of
names, &c.

IX. And be it enacted, That within one month after the receipt of their re-
fpective warrants, the feveral overfeers aforefaid, under the directions of the faid
juftices, fhall repair to the houfe of every tenant or proprietor refiding within the
limits attached to their refpective roads, and fhall take down a proper lift of the
names of all and fingular the free male inhabitants refiding therein above the age
of twenty-one years, and of all the male flaves above the age of fixteen years ;
and the faid overfeers fhall juftly and impartially call for and require the labour
of all and fingular the perfons aforefaid, alternately, and in fuch convenient
numbers and claffes as to place the burthen of their fervice equally upon all ;
provided neverthelefs, that the labour of the faid perfons fhall not be called forth
for the purpofes of this act during the feafon of harveft, nor in fuch manner as
to take more than half the number of labourers belonging to one family at the
fame time.

Summon the

the clafs ar-
ranged, &c.

X. And be it enacted, That as often as the faid overfeers fhall judge it necef-
fary to call upon the faid inhabitants for their labour in and upon the faid roads,
they fhall fummon, or caufe to be fummoned, the number and clafs which they
fhall have previoufly arranged, having had regard to the quantity and quality of
work neceffary to be done upon the faid roads, giving each perfon, and the maf-
ter, miftrefs or overfeer of each fervant or flave, fo to be fummoned , two days
notice at the leaft of the time and place appointed for their labour, except in
fuch extraordinary cafes which may require a fhorter notice, and every perfon fo
fummoned fhall be obliged to attend in perfon, or to provide a fufficient fub-