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When the

into two coun

ties.

of county commissioners of the proper county, by pe tition, signed by fifteen householders of the proper township or townships, particularly setting forth the part so prayed to be altered.

SECTION 16. The said board shall thereupon appoint three disinterested electors of the proper county as commissioners, who shall meet within thirty days thereafter, and, having taken an oath or affirmation faithfully and impartially to discharge the duties assigned, proceed to view the established and proposed road; and if justice and the public good require such alteration, they shall lay off and mark such new way, and report their proceedings in writing, under their hands and seals to said board which shall be a part of said territorial road and opened accordingly, and the old part vacated.

SECTION 17. That when any territorial road is opened, it may be changed agreeably to the two foregoing sections, but the old road shall not be vacated, until the person or persons applying for such alteration shall cut open and repair the new fully equal to the old road.

SECTION 18. When any alteration as aforesaid, change extends shall be proposed to extend from one county into another, thirty householders of either county may file their petition, setting forth the part of the road proposed to be altered, with the clerk of the board of commissioners of the proper county, at least thirty days before the term at which they may make such application.

SECTION 19. The clerk of said board, shall forthwith notify the clerk of the board of the adjacent county, in writing, that such petition has been filed and transmit him a copy thereof.

SECTION 20. The clerk, receiving such information and copy, shall lay the same before the board of commissioners of his county on the first day of its next

term.

SECTION 21. The said boards respectively, shall appoint on the part of each county three disinterested electors as commissioners, and the board receiving the copy shall set a time (not under thirty days) for the meeting of the respective commissioners, at the dividing line of said counties, and as near as may be to the the point where the proposed road crosses..

SECTION 22. The clerk of the said last mentioned board, shall forthwith give written information to the sheriff of the county, where the original petition was filed, of the time and place of meeting of said com. missioners, and the sheriff of said counties shall notify respectively the commissioners, at least ten days before the meeting.

SECTION 23. The commissioners appointed as aforesaid, shall meet at the time and place specified, and, after taking the proper oath or affirmation, proceed to discharge the duties assigned them, being governed by the requisitions of the sixteenth section of this act, except that the commissioners shall report their proceedings at the next term of the board of county commissioners respectively.

SECTION 24. If the majority of said commissioners report in favor of an alteration of such road, the said board, upon being satisfied that the provisions of the seventeenth section of this act have been complied with, by opening the new way, shall cause so much of said road as lies in each county, to be recorded as a territorial road and vacate the old one.

SECTION 25. That the commissioners appointed Compensation, under the provisions of this act, and the surveyors, by whom paid. chain bearers and markers, they may necessarily employ, shall severally receive such reasonable pay, as the board may allow, which, together with all legal cost, shall be paid by the person or persons applying for such alteration.

discontinued.

SECTION 26. Any fifteen householders of a town- How roads to be ship or townships, may make application to the proper board, by petition, signed by them, for the vacation of any road or highway as useless, and the repairing thereof an unreasonable burden to the township or townships.

SECTION 27. The said petition shall be publicly read on two different days of the session at which it is presented, and the matter continued without further proceedings to the next session.

SECTION 28. At the ensuing session the same shall be again publicly read, and if no remonstrance be made thereto in writing, signed by fifteen householders, the board may proceed to vacate such road or any part thereof, and the costs and charges shall be defrayed by the county.

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When direction

and how.

SECTION 29. If a remonstrance in manner aforesaid be made, the board shall appoint reviewers, who shall be governed as those appointed in similar cases. The judgment of the board shall be conclusive in the pre

mises.

SECTION 30. Any person, for his convenience, may have a cart way, not exceeding thirty feet in breadth, laid out from or to any plantation, dwelling house, or public highway, on petition to the proper board, having advertised his intentions as required by this act; which board shall cause the same to be publicly read, and if they think proper order a view of the same.

SECTION 31. Said cart way, shall, in the discretion of said board, be recorded and declared a common cart way, for the use and convenience of the public, and shall be opened by the persons petitioning there

for.

SECTION 32. If the said road shall be laid out through any person's land objecting thereto, the damages shall be assessed, as is provided in case of objection to public roads and highways; which being paid by the person applying for such way, he may proceed to open the same agreeably to the order of said board.

SECTION 33. If the owner or owners of any land may be changed through which such way passes be desirous of improving the same, he, she or they may be permitted to turn the same on as good ground, not increasing the distance more than one twentieth, on application to said board.

Swinging gates

SECTION 34. Any person may be permitted by said may be put up. board, to hang swinging gates upon said cart way, but shall keep the said gate or gates in good order and repair, under a penalty of one dollar for every offence, to be recovered before a justice of the peace of the proper county, by any person prosecuting for the same to be appropriated towards keeping the said way in repair.

Who shall work

SECTION 35. That all male inhabitants between the

on public roads. ages of twenty-one and fifty years, persons exemptel by law, or excused by the board of commissioners for good cause shown excepted, shall work public roads and highways two days in each year, and all persons, except those as before excepted, found in any district, at the time the supervisors notify or warn the different individuals to labor on the public roads in the county

or territory, for ten days immediately preceding the notification or warning as aforesaid, shall be liable to labor as before named. And it shall be the duty of the supervisors in their respective districts, to enroll the names of all such persons, and cause the same to perform the labor to be performed, "agreeably to the provisions of this act.

be taxed.

SECTION 36. All real estate, as well the property of Real estate to non-residents as residents, shall be subject to be taxed annually, for the purpose of opening and working the public highways, which tax shall not exceed one per cent., and shall be levied by the board of county commissioners, as other taxes are. And said board shall proceed to assess all such taxes, as above provided, at their session in January, and shall cause a copy thereof to be delivered by the sheriff, to each of the supervisors of the road district, within their county, within thirty days from such assessment: provided, that each Proviso: person so assessed may discharge the tax thus imposed, in labor upon the highways, under the direction of the supervisor of the road district in which he may reside, or the property so assessed shall be located; and the person so laboring on the highway shall be credited for all labor so performed, at the rate of two dollars per day.

fusing to work.

SECTION 37. Each person made liable to work by Penalty for rethis act, who shall fail to attend in person or by satisfactory substitute, at the time and place appointed within said district, with the designated tool or instrument, having had three days notice thereof, or having attended, shall spend his time in idleness or disobey the supervisor, shall forfeit two dollars for each such delinquency, to be recovered by action of debt in the name of the supervisor, before any justice of the peace of the proper county.

SECTION 38. The said supervisor shall be accountable for the sums recovered as aforesaid, and shall expend the same in repairing the roads in his district. And in suits brought by the supervisor, in pursuance of this act, he shall be a competent witness, and on any suit as aforesaid, he shall not be liable for costs.

SECTION 39. Where the supervisor has not an op- Notice. portunity of giving personal notice of the time and place allotted for such work, a written notice thereof,

Penalty for re

supervisor.

left at the dwelling house or usual place of residence of the party shall be deemed sufficient.

SECTION 40. Every person, who shall at the request of the supervisor of his road district, furnish a plough, or wagon, with a pair of horses or oxen and driver, and perform one or more days' work with them, shall, for each day's work, so performed, receive a credit of three days' work, and so in proportion for services of a similar kind with greater or less force.

SECTION 41. The said supervisors, before entering upon their duties as such, shall take an oath or affirmation, before some person duly authorized to administer the same, faithfully and impartially to discharge the duties enjoined upon them.

SECTION 42. Any householder or elector refusing fusing to act as to accept said appointment of supervisor, or to take the oath required, shall forfeit and pay the sum of six doldollars, to be recovered by presentment or indictment: provided, no person shall be compelled to accept said appointment oftener than once in four years.

Duty of supervisor.

Authority to

build dams, &c.

SECTION 43. To each of the supervisors, elected or appointed, the board of commissioners shall assign his road district, together with the number of hands allotted, and cause to be forwarded to him a certificate of his election or appointment, setting forth the boundaries of his district and hands.

SECTION 44. The sheriffs of the several counties, shall deliver to the supervisors respectively, their certificate of election, or appointment, and make return thereof to the clerk of said board, who shall enter the same on the records of said board.

And to

SECTION 45. As often as the roads and highways, within the district of a supervisor, shall require opening or repairing, he shall call out the hands allotted him, oversee and keep them close to their business, and work upon, open, clear, and repair the same. keep them so in repair, he shall, when the hands shall have worked the number of days required by this act, if the roads require it, call out the hands assigned in proportion to the tax on them already assessed.

SECTION 46. It shall be lawful for any supervisor, or any person or persons by his order, to enter upon any lands adjoining or lying near the road in-his district and cut or open such ditches or drains and construct such dams as shall be necessary for the making

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