JOHN HENRY, Efquire, Governor.

1797.

ftitute; and if any perfon, being fo fummoned, fhall neglect or refufe to attend,

or to provide a fufficient fubftitute, he fhall forfeit and pay the fum of one dollar
for every offence; and if any perfon fhall attend, and not perform the reafonble
labour required of him by the overfeer of the road, according to his ability, he

fhall be adjudged a defaulter, and fhall incur the fame penalty as if he had ne-
glected to attend; and in cafe the mafter, miftrefs or overfeer, of any fervant or
flave, upon being notified as aforefaid, fhall refute or neglect to fend fuch fervant
or flave, or upon fending, fuch fervant or flave fhall refufe to perform his reafon-
able labour as aforefaid, fuch mafter, miftrefs or overfeer, fhall forfeit and pay
the fum of one dollar for every fervant or flave fo refufed to be fent, or when
fent refilling to work as aforefaid.

C H A P.

LXIII.

XI. And be it enacted, That it fhall be the duty of the faid overfeers to keep
a true and proper lift of all and every perfon or defaulter, who, being fummoned
as aforefaid, fhall neglect or refufe to attend at the times and places appointed as
aforefaid, or if attending, fhall not perform his reafonable labour, and of every
mafter, miftrefs or overfeer of fervants and flaves, who fhall incur the penalty
aforefaid; and the faid overfeers of roads fhall, once in every three months, call
upon each and every of the faid perfons, and demand the payment of all and
fingular the fums of money by them, or any of them, fo forfeited, and on re-
fufal or neglect to pay the fame, the faid overfeers fhall proceed to recover the
fame before a fingle magiftrate, by due courfe of law; and the faid overfeers
fhall, every fix months, render their accounts of all fines and forfeitures received
by them in virtue of this act to the juftices of the levy court, upon oath, or
affirmation, and pay the amount thereof in fuch manner as the faid juftices fhall
order and appoint.

And keep a
lift of all de-
faulters, &c.

XII. And be it enacted, That if any of the overfeers fo to be appointed fhall
refufe to act, remove, become difqualified, or die, it fhall and may be lawful
for any two of the neighbouring juftices to fupply every vacancy fo happening,
by the appointment of another perfon, and they fhall certify every fuch appoint-
ment, under their hands, to the clerk of the county, who fhall record the fame,
and within five days thereafter fhall iffue a warrant to the perfon fo appointed, and
deliver the fame to the fheriff, to be ferved upon the party as herein before directed.

How vacan-
cies are to be
filled.

XIII. And be it enacted, That every overfeer fo to be appointed by virtue of
this act fhall reflectively be allowed a fum, not exceeding ten dollars by the year,
for fummoning, directing and fuperintending, the labourers employed upon the
faid roads, which allowance fhall be paid to them by the juftices of the levy
court out of the fines and forfeitures impofed and levied by this act, and if found
to be inefficient for this purpofe at the expiration of every year, the deficiency
fhall be affeffed and levied upon the county in the fame manner as other public
charges.

Overfeer's al-
lowance, &c.

XIV. And be it enacted, That any of the juftices of the peace of the faid ,
county, who, upon his own view, or on the information, oath or affirmation, :
of one or more credible witneffes, fhall difcover or be fatisfied that any bridge,
road or caufeway, is out of repair, from the neglect of duty of the overfeer
within whole limits the fame fhall be, except in time of wheat harveft, fhall
iffue his warrant, in the name of the ftate, againft fuch overfeer, and if judge-
ment fhall be rendered againft him for the fine or forfeiture impofed by this act,
the fame fhall be certified by the juftice rendering the fame to the clerk of the
faid county, who fhall thereupon iffue procefs of execution, directed to the fhe-
riff, for the recovery thereof, and the fame fhall be accounted for and paid to the
order of the levy court; provided neverthelefs, that nothing herein contained
fhall prevent any of the faid overfeers offending againft the provifions of this act
from being prefented by the grand jury for any neglect of duty not before punifh-
ed by any of the juftices of the peace as aforefaid.

XV. And, whereas it may be proper and neceffary to veft a competent power
in the juftices of the levy court to turn, alter, ftreighten or lay out roads in the

Juftice may
iffue his war-
rant in certain
cafes, &c.