BENJAMIN OGLE, ESQUIRE, GOVERNOR.

1798.

fending againft the provisions of this act from being prefented by the grand jury for any neglect of
duty not before punifhed by any of the juftices of the peace as aforefaid.

C H A P.
XXXVIII.

XVII. AND BE IT ENACTED, That the juftices of the peace refpectively fhall be authorifed
and empowered to receive any fine or fines for which they may refpectively render judgment
againft any overfeer of the road in faid county, and fhall account with and pay over to the levy
court annually all monies which they may have refpectively received in virtue of this act, under
the penalty of paying treble the amount thereof in cafe of failure or neglect.

XVIII. AND, whereas it may be proper and neceffary to veft a competent power in the juftices
of the levy court to turn, alter, ftreighten, extend or lay out, roads in the county aforefaid, where
the proprietors of the lands through which the roads intended to be fo turned, altered, ftreight-
ened, extended or laid out, may pafs, are willing and capable of confuting to applications of

Juftices to re-
ceive fines, &c.

this nature; therefore, BE IT ENACTED, That upon the application in writing from all the pro-
prietors of the lands through which any public road or roads may pafs, or be prayed to pafs,

petitioning for the turning, altering, ftreightening, extending or laying out a public road or
roads, it fhall and may be lawful for the juftices of the faid levy court, upon being fatisfied that
the granting of fuch petition will be of public convenience, and they are hereby authorifed and
empowered, to direct the furveyor of the faid county to lay out fuch road, agreeably to the
prayer of fuch petition, or in fuch other manner as they fhall think moft expedient, not exceed-
ing thirty feet in breadth, without the confent of the faid proprietors, and to make return or
fuch location with all convenient fpeed; and after fuch road fhall be furveyed and laid out agree-
ably to the intentions of this act, the faid court fhall direct the application for fuch road, and
the order and proceedings thereupon, and the return of the furveyor, to be enrolled among
their records, and thereupon and thereafter fuch road fhall be deemed and confidered to be a
public road, and fhall be kept up and repaired as other public roads in the faid county; pro-
vided neverthelefs, that no old road, fo to be affected by this act, fhall be ftopped up until the
new road fhall be viewed, examined and received, by two juftices of the peace, to be appointed
by the faid court; and provided alfo, that fuch new road fhall be laid out, made and completed,
at the proper expence of the parties applying for the fame; and provided further, that no fuch
application fhall affect the lands of infants, perfons non competes mentis, or perfons beyond the
limits of this ftate, until the faid difabilities fhall be removed.

On application,

road may be
turned, &c.

XIX. AND BE IT ENACTED, That if any perfon or perfons fhall alter or change, or in any

manner obftruct, any of the faid roads, or any part or parts thereof, or cut a down, deftroy or
injure, any of the bridges, caufeways, boundaries, marks or directions therein or thereon, with-
out the licence of the juftices of the levy court obtained as aforefaid, every fuch perfon or perfons,
being thereof convicted in the county court, fhall forfeit and pay a fine, in the difcretion of the
court, not exceeding the fum of fifty dollars, according to the nature of the offence.

Penalty on per-
fons altering,
&c. any road.

XX. AND BE IT ENACTED, That the juftices of the levy court of Somerfet county fhall be and
they are hereby authorifed and directed to affefs and levy on the affeffable property of faid coun-
ty annually, at their levy court, fuch fum or fums of money, not exceeding five hundred dollars,
for the purpofes of repairing the caufeway, commonly known by the name of Vienna Caufeway,
and the wharf adjoining the fame, the caufeway on the fouth fide of Wiccomico river, at the
lower ferry, and the wharfs at faid ferry, on each fide thereof, and the caufeways and wharfs
at the upper ferry on Wiccomico river aforefaid, on each fide thereof, and the caufeway on the
north fide of Pocomoke river, at Stevens's ferry.

Juftices to levy
money.

XXI. AND BE IT ENACTED, That no perfon in faid county fhall be liable to the payment of
any fine for not working upon, or keeping in repair, the faid caufeways and wharfs, except as
herein after mentioned.

No perfon lia-
ble, &c.

XXII. AND BE IT ENACTED, That it fhall be the duty of the levy court of faid county to con-
tract with fit and proper perfons annually for repairing the faid caufeways and wharfs, and
keeping them in good order.

Court to con-
tract, &c.

XXIII. AND BE IT ENACTED, That each perfon with whom the levy court aforefaid fhall con-
tract for the repairing and keeping in good order the faid caufeways and wharfs, or any part
thereof, fhall give bond to the ftate of Maryland, with fuch fecurity as fhall be approved of by
the faid levy court, in fuch fum or penalty as the faid juftices fhall require, not exceeding eight
hundred dollars, conditioned for the faithful performance of the terms of the contract.

Perfons con-
trafting to give
bend, &c.

XXIV. AND BE IT ENACTED, That if any of the perfons with whom the levy court aforefaid
may contract for the repairing the faid caufeways and wharfs, fhall not amend the fame agreea-
ble to the terms of each respective contract, within a reafonable time after the fame fhall be out
of repair, or in any manner fail to perform or comply with the conditions of each, refpective
contract aforefaid, the perfon thus failing fhall forfeit and pay a fum not exceeding twenty dol-
lars for each neglect or offence, to. be recovered before any juftice of the peace, and applied
towards amending the caufeways and wharfs aforefaid.

Penalty for fail-
ing to comply,

&c.

XXV. AND BE IT ENACTED, That the juftices of the levy court aforefaid may and fhall call

upon the collector or collectors for all monies levied and affeffed for the ufe of repairing the faid

caufeway and wharfs.

Juftices to call
on the collector,
&c.

XXVI. AND BE IT ENACTED, That where any perfon or perfons have built, or fhall build, in
Somerfet county, a mill or mills on any branch or run where any public or main road croffed, or
fhall crofs, and have erected, or fhall erect, any dam for fuch mill or mills, fuch perfon or per-
fons, or the owner, poffeffor or occupier, of fuch mill or mills, fhall and they are hereby obliged

Top of dams to
be made twelve
feet wide, &c.