1798.

L A W S OF MARYLAND,

C H A P.
XVI.

to deliver the fame to the refpective perfons appointed overfeers as aforefaid, and to take their
feveral receipts for the fame, and if any of the faid overfeers fhall refufe to receive their re-
fpective warrants, the faid fheriff fhall leave the fame at their place of abode, and certify the
juftices of the levy court thereof; and if the clerk or fheriff of the faid county fhall neglect or

refufe to execute and perform the refpective duties herein before required, within the refpective

periods limitted as aforefaid, the faid clerk or fheriff, fo neglecting or refufing, fhall forfeit and
pay the fum of fifty dollars for each and every offence.

Penalty on o-
verfeers for re-
fufing to ferve.

IV. AND BE IT ENACTED, That each and every perfon appointed overfeer as aforefaid,
who fhall neglect or refuse to accept his appointment, after receiving his warrant as aforefaid,

fhall forfeit and pay the fum of ten dollars for every refusal or neglect; provided neverthelefs,
that no member of the legiflature, nor magiftrate, nor preacher, nor teacher, nor practifing at-
torney, nor phyfician, nor commiffioner of the tax, fhall be liable to ferve as overfeers of the
faid roads, without his or their contents provided alfo, that no perfon fhall be com-
pellable to act as overfeer of any road more than one year in every three years, without his
confent.

Overfeers to
keep the roads
cleared, &c.

V. AND BE IT ENACTED, That it fhall be the duty of the faid overfeers to keep all the public
roads in the faid county well and fufficiently cleared and grubbed, fit for travelling, twenty feet
wide at the leaft, and to make and keep good and fubftantial bridges over all the heads of rivers,
creeks, branches and fwamps, where the fame fhall be neceffary, for the convenient and eafy
paffage of travellers, with their waggons, carts, carriages, horfes and cattle, and to remove all
nuifances which may obftruct or annoy their paffage, and well and fufficiently to caufeway all
and fingular fuch places in and upon the faid roads as fhall require the fame, at the difcretion
and by the direction of the faid juftices; and for this purpofe the faid juftices, or fome one or
more of them, in their refpective neighbonrhoods, fhall be and they are hereby authorised and
required, from time to time, to fuperintend the making and repairing of the faid roads, bridges.
and caufeways, and to direct and advife the overfeers in the execution of this act.

Penalty for ne-
glect, &c.

VI. AND BE IT ENACTED, That, if any of the faid overfeers fhall not well and fufficiently
clear, grub, amend and repair, the faid feveral and refpective roads committed to their charge,
within a reafonable time after the fame fhall be out of repair, or fhall not make and keep in repair
good and fubftantial bridges over the heads of rivers, creeks, branches or fwamps, where the
fame fhall be neceffary as aforefaid, or fhall not remove all nuifances from the faid roads, or fhall
wot well and fufficiently caufeway all and fingular fuch places in and upon the faid roads as fhall
require the fame, or fhall permit or fuffer any fallen trees, or other obftruction, to remain in or
acrofs any of the faid public roads for the fpace of two days after notice thereof, or fhall neglect,
to fell, or caufe to be felled and removed, all decayed or dead trees on either fide of the faid
public roads, whofe limbs or any of them hang over the fame, and may by their falling injure
travellers, or fhall not lop and cut off all limbs or branches of trees hanging or projecting over
the faid roads, within fifteen feet above the furface thereof, or fhall in any other manner fail or
neglect to perform the duties of an overfeer of the faid roads, according to the directions of this
act, every fuch 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 EXACTED, That it fhall and may be lawful for the feveral and refpective
overfeers of the faid roads, and they are hereby authorifed and empowered, 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 repairing 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 re-
pairing 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 confent 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 com-
penfation 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 inhabi-
tants, &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 re-
fpective 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 shall 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.

IX. AND BE IT ENACTED, That, within one month after the receipt of their refpective war-

rants, 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 re-