fifty cents; to the clerk for marking and filing the proceedings and making an entry of the judgment in the minutes, fifty cents; for entering the bond, warrant and judgment at large in a book kept for recording judgments, one dollar; the fees to be paid by the plaintiff, to the judge and clerk, when the business is done by them, and recovered of the defendant with the other costs; and when execution shall issue on such judgment, the following additional fees shall be allowed, and no others, to wit: to the plaintiff for drawing the execution, twenty cents; to the attorney for drawing the bill of costs and making a copy thereof, twenty-five cents; and to the clerk for sealing and recording the same, and entering and filing the execution and return of the sheriff, seventy-five cents, and for taxing and filing the bill of costs, fifty-eight cents; and any clerk of the supreme or any county court who shall take other or greater fees than are by this section allowed, or who shall take such fees without performing the services for which such fees are allowed, shall for every offence forfeit and pay the sum of thirty dollars, to be recovered in an action of debt with costs of suit, before any justice of the peace of the county wherein such offence was committed, by any person who shall think him or herself aggrieved.

[Rev.455]

2. And be it enacted, That the fourth section of the act entitled "An act directing the mode of entering judgments upon bonds with warrants to confess judgments," passed the ninth of March seventeen hundred and ninetyeight, and the supplement to said act, passed Repeal. February twenty-eight eighteen hundred and four, be and the same are hereby repealed.

AN ACT concerning Roads.

Passed February 22, 1811.

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, That every public road or highway which shall hereafter be laid out, shall not be more than four nor less than two rods wide; and that every private road which shall hereafter be laid out, shall not be more than thirty feet in width, but may be less, at the discretion of the surveyors of the highways.

2. And be it enacted, That when ten or more persons, being freeholders, shall think a public road necessary, or any public road which hath been or shall be laid out, unnecessary, or any alteration in such road necessary, in any part of the county in which they reside, it shall be lawful for the said persons to make application, in writing, to the inferior court of common pleas of the said county, having given previous notice for at least ten days of such intended application, by advertisements, under their hands, and set up at three of the most public places in the township in which the said road is proposed to be laid out, vacated or altered, and if there be more townships than one through which the said road may run, by advertisements to be set up at three of the most public places in each township, and the said court when applied to as aforesaid, on due proof being made that the advertisements have been set up according to law, on which the judgment of the court shall be final and conclusive, are hereby authorized and required to appoint six of the surveyors of the highways of the said county, ever having regard to the

appointment of the surveyors of the highways of those townships where the said road shall be so applied for to be laid out, vacated or altered, provided that no surveyor shall be appointed through whose land the road may run, and the said surveyors shall meet at such time and place as the said court shall direct, a copy of which appointment shall be served by the said applicants on each of the said surveyors, at least six days prior to the time of their meeting, and two of the said applicants shall at least twelve days prior to the said time, sign and set up advertisements at three of the most public places in the said township or townships, setting forth the time and place of the meeting of the surveyors, agreeably to the directions of the court, and designating the points or places from and to which the said road is proposed to be laid out, vacated or altered.

line, &c.

3. And be it enacted, That when the aforesaid number of freeholders shall think a public when on a road necessary, or any public road unnecessa- county ry, or an alteration in such road necessary, on any part of a line between two counties or part in one county and part in another, they shall make application in writing to the supreme court, having first advertised such intended application for at least three weeks at four of the most public places in each of the said counties, nearest the place where such road is to be laid out, vacated or altered, and the supreme court, on such application, shall appoint three of the surveyors of the highways in each of the said counties, having a regard to the appointment of the surveyors of the highways of those townships where the said road shall be so applied for to be laid out, vacated

roads.

or altered, subject to the restrictions imposed by the second section of this act, who shall meet at such time and place as the said court shall direct; and the said applicants and surveyors shall thereupon proceed in the manner prescribed in the second section of this act.

4. And be it enacted, That if any person Of private shall think a private road necessary to or from his or her land, or to a mill, market, public landing, or public road, or shall think it necessary to have a private road vacated or altered, he or she shall make application in writing to the inferior court of common pleas of the county, or to the supreme court as the case may require, having first given notice of his or her intention at least ten days, and the court shall thereupon appoint six surveyors of the highways as before directed, and the applicant and the surveyors shall be guided in all things as in the manner before prescribed, except that the signature of the applicant to the advertisements and to the notice to surveyors, shall be deemed sufficient.

5. And be it enacted, That the said six surDuties of veyors of the highways appointed by the susurveyors. preme court, or by any of the inferior courts

of common pleas in the state, when met as aforesaid, or a majority of them so met, on due proof being made to them that the advertisements of their meeting have been according to law, on which the said surveyors shall decide, and their opinion be final and conclusive, shall view the premises, and may if they shall think it necessary, lay out, vacate or alter the said public or private road, and lay the same as may appear to them to be most for the public or private conveniency, having a regard to the best ground for a road, and the shortest

distance, in such a manner as to do the least injury to private property, and shall cause the road so laid out or altered, to be marked, at proper distances in the line of the same, and make return thereof with a map or draught of the same, with the courses and distances, and reference to the most remarkable places, and the improvements through which it may pass, with the time when the overseers of the highway shall open the same, if a public road for public use, or if a private road when the applicant may open the same, which return the said surveyors or a majority of them as aforesaid, shall date, sign and deliver to the applicant, or in case of a public road to some of the applicants, who shall transmit it to the clerk of the court of common pleas of the said county or counties, who is hereby required to record the same in a book to be kept for that purpose, and every road so laid out or altered and recorded as aforesaid, shall be a lawful, highway, or private road, from the time appointed for the opening of the same, and if any road be vacated, return thereof shall be made, signed, delivered and recorded as aforesaid.

6. And be it enacted, That the clerk of the court shall not record the return of the sur- Duty of clerk. veyors until the expiration of fifteen days after he shall have received the same, so that any person being aggrieved thereby, may within that time enter a caveat with the said clerk against recording the said return, which caveat so entered shall operate as a supersedeas to further proceedings until the next court.

7. And be it enacted, That when any person Remedy, or persons shall think him, her, or themselves, when ag injured or aggrieved by any illegality or irregu- grieved. larity of the surveyors of the highways, or of

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