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said court, to be paid equally by the parties so concerned.

[See alphabetical reference to private acts--title Contract.

The object of most of the private acts passed under this title, could have been carried into effect by the orphans court under the provisions of this law.

AN ACT respecting Overseers of Roads.

Passed November 19, 1804.

same,

[Rev. 328. Sec. 19.]

Where

ed by labor

Overseers

book, to

ble to la

Sec. 1. BE IT ENACTED by the council and general assembly of this state, and it is highways hereby enacted by the authority of the maintainThat in the several townships of this state where they maintain their highways by labor, to keep a it shall be the duty of each and every over- record the seer of the highways in the said township to names of keep a book in which he shall enter the name those liaof every person liable to labor on the highways bor, & the within his district, and the amount of labor amount of done by each person that year; a transcript of by each; which book the said overseer shall lay before and lay a the town committee, at their annual or some transcript other meeting, near the close of the year, un- fore the der oath or affirmation that the same is just and town comtrue to the best of his knowledge and belief; nually, unand shall also transmit a true copy of said book der oath or to his successor within twenty days after his appointment.

labor done

thereof be

mittee an

affirma

tion, and transmit a

successor;

said book,

2. And be it enacted, That it shall be the copy to his duty of every overseer in the townships afore- who shall said to examine the book received by him examine from his predecessor, and to require those & require persons who shall appear not to have done those per their proportion of labor the preceding year to have not perform the same.

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sons who

done their

do the

same.

proportion 3. And be it enacted, That if any overseer of labor, to shall neglect or refuse to perform the duties required of him by this act, he shall forfeit and pay the sum of ten dollars, to be sued for and Penalty on overseer recovered with costs of suit by the clerk of for neglect said township, in the name and to and for the use of said township.

or refusal.

Compensation to

seer.

4. And be it enacted, That seventy-five cents per day shall be allowed every overseer in those the over townships where their highways are maintained by labor, for every day in which such overseer shall be employed in the duties of his office, over and above his proportion of labor, as set forth in the said book.

Guides

AN ACT to authorize the establishment of post or stone guides and mile-stones on the public roads in this state.

Passed December 1, 1804.

Sec. 1. BE IT ENACTED by the council and general assembly of this state, and it is hereby enacted by the authority of the same, and mile- That for the better accommodation of the citistones, by whom and zens of this state and others travelling in and where to through the same, that the board of chosen be erected freeholders of each and every county in this

state shall have full power and authority to place or cause to be placed at the intersection of all such public roads and highways in their respective counties, as they in their discretion may deem proper, a post, or stone, and likewise a stone at the end of each mile on all roads as aforesaid, with inscriptions engraved or painted thereon, in legible characters, the name or names of the most noted or public place or

places to which such road may lead, and also the names of such other places as may be thought proper, with the estimated number of miles to such places respectively in figures.

2. And be it enacted, That the board of free- How kept in repair. holders of the respective counties, or some person or persons by them appointed, shall superintend the erecting and keeping in repair such post or stone guides and mile-stones, at the expense of the counties respectively.

post injuring guides,&c..

3. And be it enacted, That if any person shall Penalty for throw down, demolish, or deface any such or stone guides, or mile-stones, appendages, letters or figures thereon engraved or painted, or be aiding or assisting in such offence, he shall pay a fine of ten dollars, to be sued for in an action of debt, by the overseer of the highway in whose district the offence has been committed, and when recovered to be applied to the use of the township.

Overseer

4. And be it enacted, That if any overseer shall neglect or refuse, upon information being Penalty on given to him, to prosecute as aforesaid, he shall for neglect forfeit and pay for every such refusal or ne- &c. glect the sum of ten dollars, to be recovered by the clerk of the township, for the use of the township: but in case judgment shall be awarded against such overseer, then and in that case the cost arising thereon shall be paid by the township of which he is overseer, and be allowed in the settlement of his accounts.

ties where

AN ACT concerning the surrogate's office in the several counties of this state.

Passed December 1, 1804.

Scc. 1. BE IT ENACTED by the council and general assembly of this state, and it is hereby enacted by the authority of the same,

That in every county of this state where an ofIn coun, fice hath been or hereafter may be built, at the a fire-proof expense of any county in this state, of mateoffice is or rials not liable to be destroyed by fire, and the same is or shall be finished and completed so surrogate as to contain two convenient apartments, one' to remove for the use of the clerk of the county, and the his papers other for the use of the surrogate of the said

shall be

erected,

thereto.

Penalty

for neglect or refusal.

county, and the same be situate within half a mile of the court-house of the respective county, the surrogates of the several counties, and their successors in office, shall and they are hereby required, upon notice in writing being given the said surrogate by the director of the Board of chosen freeholders, to remove to the office so provided, all the books, records and papers appertaining to the office of the respective surrogate,

2. And be it enacted, That if any surrogate in any county of this state, shall neglect or refuse, for the space of thirty days after receiving notice as aforesaid, to remove all the books, records and papers appertaining to his said office, to the office which hath been or may be built and completed as aforesaid, every surrogate so offending shall forfeit and pay for each day he shall so neglect or refuse, after the expiration of the said thirty days, the sum often dollars, to be sued for and recovered by the director of the board of chosen freeholders, in the county where the delinquency shall happen,

in his own name, to be applied, when recovered, to and for the use of the county.

[3. Obsolete.]

AN ACT supplementary to the act respecting

slaves.

Passed December 3, 1804.

[Rev.307]

nature to

manumis

Sec. 1. BE IT ENACTED by the council and general assembly of this state, and it is hereby enacted by the authority of the same, One overThat when any certificate or deed of manumis- seer's sig sion, shall have been signed or hereafter shall certificate be signed, by one overseer of the poor of the or deed of proper township, where one only shall have sion in cerbeen or may be elected for such township, and tain cases any two justices of the peace of the proper county, then such certificate, and the instrument or deed of manumission, made or to be made in pursuance thereof, shall be good, effectual and available in law for the purposes specified and intended in and by the said act.

sufficient.

of manu

evidence

2. And be it enacted, That if any instrument what inor deed of manumission heretofore made and strument executed, or hereafter to be made and exe- mission cuted, shall be acknowledged by the party or shall be re parties, who shall have executed it, or be ceived as proved by one or more of the subscribing wit- in court. nesses to it, that such party or parties signed, sealed and delivered the same, as his, her or their voluntary act and deed, before some person lawfully authorized for that purpose, or one of the justices of the peace of this state, and if a certificate of such acknowledgment or proof shall be written upon or under the said instrument or deed, and be signed by the offi

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