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Appeal to

the court of common

pleas allowed.

Private cartways, how to be laid out and opened.

Proviso.

peal from the proceedings of the commissioners, under this act, shall lie and be allowed to the courts of common pleas: Provided, such appeal be entered with the clerk of the commissioners within ten days after the proceedings were had before said commissioners, by the appellant or appellants entering into bonds, with freehold security, for the payment of the costs and charges of such appeal, and the courts of common pleas are hereby required and empowered, on every such appeal, to order and appoint another view of such road and proceed thereon in like manner as the commissioners are enabled by this act to proceed.

Sec. 10. And be it further enacted, That if any person or persons shall, for the convenience of themselves or neighbors, wish to have a private cartway laid out, from or to the plantation or dwelling place of any person or persons, or to any public road, or from one to intersect another, the person or persons applying for the same, shall advertise their intentions as by this law is required in case of public roads, and shall petition the trustees of the proper township, who shall proceed in every respect in like manner, as is by this act provided in case of public roads: Provided, That no private cartway laid out in pursuance of this act shall exceed thirty-three

ceed thirty

three feet in

breadth.

feet in breadth, and that the petitioner or peti- Not to ex tioners shall defray every expense and charge of laying out the same, and said private cartway shall be opened and kept in repair by the person or persons petitioning therefor.

Male per

sons of the

age of eigh

teen and

ways.

Sec. 11. And be it further enacted, That all male persons of the age of eighteen years and not exceeding fifty, who have resided thirty not exceed days in any township within this state, who are work yearly not a town charge, shall be liable yearly and on the highevery year, to do and perform three days work on the public roads, under the direction of the supervisor, within whose limits they shall be respectively resident; and it shall be the duty of every supervisor to call out every such resident as aforesaid, when it may, in his opinion, be expedient to work on the public road within his district; and if any such resident, having had three days notice thereof from the super- Supervisor visor, shall neglect or refuse to attend by himself or substitute, to the acceptance of the supervisor, on the day and at the place for working on the public road, with such necessary and common articles of husbandry as the said supervisor shall have directed him to bring wherewith to labor, or having attended, shall refuse to obey the directions of the supervisor or shall spend the day in idleness or inattention

to give

three days

notice.

Penalty on persons failing, etc.

Proviso.

Supervisors to call out

or hire

hands to

roads when

necessary,

etc.

to the duty assigned him, every such delinquent shall forfeit, for every such neglect or refusal, the sum of one dollar; if not paid when demanded by the respective supervisors, to be recovered at the suit of the supervisors respectively, before any justice of the peace, to be appropriated towards repairing the public roads within such supervisor's district: Provided, That in case any person removing from one district into another, who shall, prior to such removal, have performed the whole or any part of the labor required by this act, and shall produce a certificate from the supervisor of such district, such certificate shall be a complete discharge for the like requirement for that year.

Sec. 12. And be it further enacted, That the supervisors of the public roads in their respecwork on the tive districts, are hereby required and enjoined, as often as the said several roads within their districts may be out of repair, or as often as any new road shall be laid out and ordered to be opened by law, to call out or to hire with the fines he may have collected, a sufficient number of hands to work upon, clear and amend the same, in the most effectual manner, and to oversee the said laborers, keep them close to their business and take care that the said roads be effectually cleared and repaired, according to

the intent and meaning of this act; and the supervisors respectively, shall have full authority to enter upon any unimproved lands, near or adjoining the public roads, to dig or cause to be dug, any gravel, sand or stone, or to gather any loose stones, or to cut down and carry away any timber that he or they may think necessary for the purpose aforesaid: Provided, The same be done with as little damage as may be to the owner of such land.

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Supervisors, enter prierty and ditches,

when to

vate prop

open

drains, etc.

Sec. 13. And be it further enacted, That it shall be lawful for the supervisors or any other person or persons, by his or their order, to enter upon any lands adjoining or lying near to the public roads within their respective districts, to make such drains or ditches through the same as he or they may conceive necessary to draw the water from such roads: Provided, The same be done with as little injury and damage as may be to the owner of such lands; which drains and ditches so made, shall be kept open by such surpervisors, if necessary, and shall not be stopped up by the owners of such lands Penalty for or any other person or persons, under the alty of ten dollars for every such offense, to be recovered and appropriated in manner aforesaid.

pen

Sec. 14. And be it further enacted, That it

filling up ditches, etc.

Posts to be erected at

public roads.

shall be the duty of each supervisor, in his disthe forks of trict, to erect and keep up a post at the forks of every leading public road, containing an inscription in legible characters, directing the way to the next town or known places on each road; and if any person or persons shall demolish any Penalty for such post, deface or alter any such inscription thereon, with an intention to destroy the utility of such design, he, she or they, so offending, shall, for every such offense, forfeit and pay to the supervisor of such road, twenty dollars, to be recovered and appropriated as before directed.

destroying

the same.

Compensation to be allowed supervisors

Sec. 15. And be it further enacted, That every supervisor shall receive, for every day he shall

for their ser- be necessarily engaged in superintending the

vices.

Trustees to

meet the

of March

annually to settle with

hands, not less than ten on each day on the roads, over and above three days, the sum of seventy-five cents, and such further compensation as the trustees shall think reasonable.

Sec. 16. And be it further enacted, That it first Monday shall be the duty of the trustees of the respective townships, to meet at the place of holding the annual township elections, on the first Monday of March, annually, at which time and place the supervisors of the townships shall attend and produce an accurate account of all fines col

the supervisors.

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