the applicants, or otherwise by any road which shall hereafter be laid out, vacated or altered by the said surveyors, having entered a caveat as aforesaid, he, she, or they, or their legal representatives, may make application to the said court succeeding, as expressed in the last section, and the said court shall not set aside the proceedings for irregularity or illegality, but the court shall thereupon, during the term to which the said application is made, appoint six of the chosen freeholders of the county or counties through which the said road shall have been so laid out, vacated or altered, designating the time and place of the meeting of the said freeholders, always having regard to the appointment of the chosen freeholders of the township or townships where the road shall have been laid out, vacated or altered Provided, that no freeholder be appointed through whose land the road may run -a copy of which appointment shall be served by the applicant or applicants on the said freeholders in the same way and manner, and the mode of giving public notice by advertisements in all respects shall be the same as is directed in the preceding section, in respect both to the applicants and to the surveyors of the highways; and the said chosen freeholders, having previously taken an oath or affirmation to act faithfully and impartially, shall proceed to view the said road so laid out, vacated or altered, and if they or a majority of them shall believe such laying out, vacation or alteration, or any part thereof, to be necessary and useful, they shall certify the same to the said court the term next succeeding that in which they were appointed, and the court shall thereupon cause the same to be recorded in the

-а

book kept for that purpose in the office of the clerk of the county or counties as aforesaid; which certificate and proceedings of the freeholders shall be binding and conclusive in all cases, and shall not be subject to an appeal or certiorari, or to be set aside for lack of form, either in the former proceedings either of the applicants or of the surveyors of the highways, or in that of the chosen freeholders, and no ap plication shall be made touching such road so laid out, vacated or altered, under the term of one year after the recording of the same; but if the said freeholders shall believe such laying out, vacation or alteration, to be unnecessary or injurious, they shall certify the same to the court or courts aforesaid, and the proceedings of the surveyors shall be made null and void, and the same shall not again be applied for under the term of one year: but if no caveat shall have been entered, or the person or persons entering the same shall not proceed in the manner prescribed in this section, or the said freeholders or a majority of them shall neglect to certify that the same is unnecessary, or if the said freeholders should be equally divided, the proceedings of the surveyors shall be deemed valid and effectual, and the clerk as aforesaid shall, by order from the court, record the same, and every road so laid out or altered and recorded as aforesaid, shall be a lawful road or highway, from the time appointed for the opening of the same.

Penalty on

8. And be it enacted, That if any surveyor surveyor of the highways or chosen freeholder, who or freeshall have due notice, or any clerk having due holder. notice and who shall refuse or neglect to per. form any duty prescribed by this act, he shall, unless he assign good reasons for such refusal

Four surveyors or

rum.

Proviso.

or neglect, forfeit sixteen dollars, to be reco
vered by action of debt with costs, by any
person
who shall sue for the same in any court
where the same is cognizable, to be paid to the
county collector for the use of the county or
counties.

9. And be it enacted, That if any number, not less than four, of the said six surveyors freehold or freeholders, shall attend at the time and ers a quo- place appointed by the said court or courts, they shall be a quorum to execute the business for which they convened, and be competent to lay out, alter, or vacate the said road as the case may require; Provided, That the signature of four of them so convened shall be requisite to render the said return valid and effectual, and that the signature of two of the said surveyors or freeholders, in each of the said coun. ties, where there are more counties than one, shall be necessary to render the said return valid or effectual, and if any number of the said six surveyors or freeholders shall convene as aforesaid, they may, if a majority of the applicants attending consent, adjourn to a future day, giving the parties then present verbal, and the absent surveyor or surveyors, or the absent freeholder or freeholders, written notice of the time to which they have adjourn. ed; and if any number of the said surveyors or freeholders sufficient to constitute a quorum shall convene pursuant to adjournment, they shall proceed to perform the service and duty required of them, in manner hereinbefore prescribed.

10. And be it enacted, That every private Private road which shall be laid out or altered by virroads how tue of this act, shall be cleared, worked and worked. repaired and maintained by the applicant or

them open.

applicants and such other person or persons as commonly make use of the same, or in case of neglect it shall be lawful for any other person or persons who have occasion to use the said road, to clear, work and maintain the same: And further, That it shall be lawful Gates may for the owner of any land, over which a pri- be erected. vate road may pass, to hang swinging gates in the said road, and if any person shall stake, Penalty, shore, or leave open, or cut, break, pull down for leaving or destroy, any gate, he shall for every offence forfeit two dollars, to be recovered by action of debt, with costs, by any person who shall prosecute for the same, and shall also pay to the owner of the soil, or his tenant, all damages which he may have sustained thereby, to be appraised by three neighboring freeholders or a majority of them, which damages, so assessed, shall be recovered by action of debt with costs.

11. And be it enacted, That if any bye-road old byeheretofore used as such by the inhabitants of roads, how opened, this state, although not laid out agreeable to law, shall be shut up or rendered impassable, whereby the said inhabitants may be put to immediate inconvenience or difficulty, then any person so aggrieved may apply in writing to three of the chosen freeholders of the county nearest to the said bye-road, to lay out the said road, and the said freeholders are hereby authorized to lay out the same, which shall remain as a private road until it be vacated or altered as in the manner before directed in the foregoing sections in respect to the obtaining a private road.

12. And be it enacted, That the applicant Expenses, or applicants for any road to be hereafter laid by whom out, vacated or altered, shall, at their own ex

borne.

Fees,

pense, procure a surveyor with chain and compass to assist in laying out or altering said road and shall pay the surveyors of highways, the court and clerk's fees incident to such application: the applicant or applicants for the appointment of chosen freeholders, shall, at their own expense, procure a surveyor, with chain and compass, and pay the costs of the freeholders, the court and clerk's fees incident to such application.

13. And be it enacted, That the following and no other fees shall be allowed and taken for services done and rendered by virtue of this

act.

Courts. For every appointment of surveyOf courts, ors of the highways, fifty cents. For every appointment of chosen freeholders, fifty cents. For every order for recording on the proceedings of the surveyors or freeholders, fifty cents. Surveyors of highways. To each surveyor, at the rate of one dollar per day.

Of surveyors,

Of freeholders,

Chosen freeholders. To each freeholder, at the rate of one dollar per day.

Clerks. For reading and filing every appliOf clerks. cation, twelve and a half cents. For entering and filing caveat, twelve and a half cents. For entering every order for recording, twelve and a half cents. For every copy thereof, twelve and a half cents. For recording and filing the return of surveyors or freeholders, twenty-five cents. For a copy of such return, twelve and a half cents.

Repeal.

14. And be it enacted, That the act entitled "An act relative to the laying out, vacating Rev 387] and altering of roads," passed the first day of June, one thousand seven hundred and ninetynine, and the supplement thereto passed December third, one thousand eight hundred and seven, be and the same are hereby repealed.