BENJAMIN OGLE, ESQUIRE, GOVERNOR.

1798.

fiding 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 the number of labourers belonging to one family at
the fame time.

C H A P.

XVI.

X. 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 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 mafter, 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 extraor-
dinary cafes which may require a fhorter notice, and every perfon fo fummoned fhall be obliged
to attend in perfon, or to provide a fufficient 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 every offence; and if any perfon fhall attend, and not perform the reafon-
able 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 mafter, miftrefs or overfeer, of any fervant or flave, upon being notified as aforefaid,
fhall refufe or neglect to fend fuch fervant or flave, or upon fending, fuch fervant or flave fhall
refufe to perform his reasonable labour as aforefaid, fuch mafter, miftrefs or overfeer, fhall for-
feit and pay the fum of one dollar for every fervant or flave fo refufed to be fent, or when fent
refufing to work as aforefaid.

Summon the
clafs arranged
&c.

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 per-
form 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 fingu-
lar the fums of money by them, or any of 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, 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 ap-
point.

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

are to be filled.

XIII. AND BE IT ENACTED, That every overfeer fo to be appointed by virtue of this act fhall
refpectively be allowed a fum, not exceeding eight 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 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.

Overfeer's al-

lowance.

XIV. AND BE IT EXACTED, 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 which 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 judgment 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 fheriff, 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 con-
tained fhall prevent any of the faid overfeers offending againft the provifions of this act from be-
ing prefented by the grand jury for any neglect of duty not before punifhed by any of the juftices
of the peace as aforefaid.

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

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 county aforefaid, where the
proprietors of the lands through which the roads which may be intended to be fo turned or al-
tered may pafs are willing and capable of confenting to applications of this nature; therefore,
BE IT ENACTED, That upon the application in writing from all the proprietors of the lands

through which any public road may pafs, or be prayed to pafs, petitioning for the turning, al-
tering, ftreightening or laying out a public road, 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 con-
venience, and they are hereby authorized and empowered, to direct the furveyor of the faid
county to lay out fuch road, agreeably to the prayer of fuch petitioner or in fuch other manner
as they fhall think moft expedient, not exceeding twenty feet in breadth, without the confent of
the faid proprietors; and to make return of fuch location with all convenient fpeed; and after

On application,
road may be
turned, &c.