1798.

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

C H A. P.
XXXVIII.

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, and
thereupon to proceed in the execution of fuch work upon the faid roads, for the improve-
ment and repair thereof, us the refpective overfeers fhall order and direct; and the faid over-
feers 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 repairing 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.

XI. AND BE IT ENACTED, That within one mouth after the receipt of their refpective war-
rants, the feveral overfeers afore faid, under the direction of the faid juftices, fhall take down a
proper lift of the names of all and fingular the able bodied free male inhabitants refiding therein,
above the age of twenty-one years and under the age of fifty years, and of all the able bodied
male fervants and flaves above the age of fixteen years and under the age of fifty 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 bur-
then of their fervice equally upon all; provided nevertheless, that the labour of the faid perfons
fhall not be. called forth for the purpofes of this act during the feafon of wheat harveft, nor in
fuch manner as to take more than half the number of perfons aforefaid belonging to one family
at the fame time.

Summon the
clafs arranged,
&c.

XII. AND BE IT ENACTED, That as often as the faid overfeers fhall judge it neceffary 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 previously arranged, having had
regard to the quantity and quality of work neceffary to be done upon the faid roads, giving each
free perron liable to work upon the fame, and the mafter, miftrefs or overfeer of each fervant or
flave aforefaid, two days notice at the leaft of the time and place appointed for their labour,
except in fuch extraordinary cafes as may require a fhorter notice, and every free perfon liable
to work upon the roads fo fummoned fhall be obliged to attend in perfon, or to provide a fuffici-
ent fubftitute; 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 each offence; and
if any perfon fhall attend, and not perform the reasonable, 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 neglected to attend; and in cafe the mailer, miftrefs or overfeer,
of any fervant or flave, upon being notified as aforefaid, fhall refufe or neglect to fend fuch
fervant or flave, or if fuch fervant or flave, after being fent, fhall neglect to perform his reafon-
able labour as aforefaid, fuch mailer, miftrefs or overfeer, fhall forfeit and pay the fum of one
dollar for every fervant or flave fo refufed or neglected to be fent, or when fent refufing to work
as aforefaid.

And keep a lift
of all default-
ers, &c.

XIII. 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 per-
form his reafonable labour, and of every matter, miftrefs or overfeer of fervants and flaves,
who fhall incur the penalty aforefaid; and the faid overfeers of roads fhall, once in every fix
months, call upon each and every of the faid perfons liable to a fine or fines, and demand the
payment of all and fingular the fums of money by them fo forfeited, and on refufal 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 annually render their refpective accounts of
all fines and forfeitures received by them refpectively 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.

How vacancies
are to be filled.

XIV. AND BE IT ENACTED, That if any of the overfeers fo to be appointed fhall refufe to act,
remove, become disqualified, or die, it fhall and may be lawful for any two of the neighboring,
juftices of the peace to fupply every vacancy fo happening, by the appointment of another
perfon, and they fhall certify every fuch appointment, under their hands, to the clerk of the
county, who fhall record the fame, and within ten 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.

Overfeer's al-
lowance.

XV. AND BE IT ENACTED, That every overfeer fo to be appointed by virtue of this act fhall
refpectively be allowed a fum, not exceeding ten dollars by the year, for the performance of the
feveral duties required of them by this act, 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 infufficient 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.

Juftice may if-
fue his warrant
in certain cafes,
&c.

XVI. 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 whofe limits the fame fhall be, except in time of wheat harveft,
fhall be authorifed to iffue his warrant, in the name of the ftate, againft fuch overfeer, direct-
ed to conftable of the hundred, and re able before himfelf, or fome other juftice of the
peace, who fhall proceed to give judgment according to the merits of the cafe, and if judgment
fhall be rendered againft him for the fine or forfeiture impofed by this act, and if he fhall not
pay the fame, the faid juftice of the peace may thereupon iffue procefs of execution for the re-
covery thereof, and the fame fhall be accounted for and paid to the order or the levy court;

provided neverthelefs, that nothing herein contained fhall prevent any of the faid overfeers of-