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peals are hereby required to meet as soon after as CHAP..

VI. possible, and make the said appointments.

1798 Sect. 3. And be it further enacted, That all persons.

Within what in the said county, who shall hereafter elect to discharge in labour that proportion of the road tax which the roads shall may be commuted into labour on the roads of the said be performed. county, shall contribute the same in the hurdreds where they may be respectively assessed, before the fifteenth day of June in this and every year, or be li. able to pay the same, or such part thereof as at that time is unsatisfied by labour, in money.

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SECT. 4. And be it enacted, That the overseers of Oversee

give notice of the roads, causeways, and bridges in their several the times and hundreds, shall give notice, by two or more adver, places, &c. tisements, of the particular days before the fifteenth of June, on which, and the places where, they will be prepared to superintend and receive the work of all such persons, residing or assessed within their respective districts, as shall prefer discharging that proportion of their road tax which may be commuted into labour, noting likewise in the said advertisement, that if any person shall work out, or cause to be worked out, more than the amount of their road tax, it shall be their own loss; and the said overseers res. Labour how ra.

ted, pectively shall estimate the labour so done, at the rate of fifty cents for a good and sufficient days work as So much as

is between an able, faithful, and industrious man would perform] crotche and shall then give a certificate to each person, spe- pealed. 4 vol.

221. chap. cifying therein the value of the work done or procured kvi. to be done by him or her; but in no case shall any certificate specify a sum greater than the amount of such person's proportion of the road tax which may be commuted into labour; and every certificate so Certificates,

thereof to be granted, according to the amount thereof, shall be as given. good and valid in discharge of so much of such person's proportion of the road tax as may be commuted into labour, as if it were a receipt for so much, signed by the collector of the said tax. .

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Sect. 5. And beit further enacted, That the collectors When the colof the said tax shall respectively account, on or before

non before lectors shall

account.

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the first Monday in August in this and every year, for one moiety of the said tax, which may remain to be collected, after deducting from the whole amount of their respective lists the amount of the tax which shall have been satisfied in labour by the fifteenth of June in this and every year; and for the residue the said collectors shall account on or before the third Monday in October, in this and every year, when they shall be allowed, in compensation for their trouble, ten dollars on every hundred dollars which they have actually collected.

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Sect. 6. And be it enacted, That the overseers of Overseers to keep the roads,

the roads, causeways, and bridges in the several hun.. bridges, &c. in dreds in the said county, shall, as soon as conveni. repair.

ently may be, grub, clear, and open the roads to be laid out by this act, and of the act to which this is a supplement, and all other public roads and common highways within the said county, and shall erect and repair the bridges and causeways over all the aforesaid roads; and if any such overseer or overseers shall neglect or refuse, as soon as conveniently may be, to grub, clear, and open the roads aforesaid, or shall after permit or suffer any part of the said roads, or any bridges or causeways over the same, within their respective hundreds, to be impeded by any nui. sance whatsoever, or to remain impassable, incum

bered, obstructed, or unrepaired, for the space of fifPenalty for ne. teen days together, every such overseer or overseers, glect.

for every such neglect, being duly convicted thereof in the court of General quarter sessions of the peace and jail delivery, shall be fined in any sum not ex. ceeding fifteen dollars, to be paid to the collector of said hundred, towards defraying the charge of re. pairing the roads within the same.

Sect. 7. And be it enacted, That the commissioners

ders of the Levy Court, in their respective hundreds, are in their favour shall be drawn. hereby empowered and required to draw orders for

money from time to time, in favor of the several overseers in their said hundreds, upon the collectors of their respective hundreds, or the county treasurer ; of which orders they shall keep a fair and regular

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account, to be entered in books to be provided and CHA:P. kept for that purpose, distinguishing the date and we amount of each order, and in whose favour drawn; 1798 and the offices of Commissioner of the Levy court and Offices of com.

I missioner and a. court of Appeals, and overseer of the roads, shall ver never be held, at the same time, by one and the same patible. person. w

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SECT. 8. And be it further enacted, 'That every person or persons who now doth, or hereafter shall, occu- In what cases,

owners of mills, py any house, mill, or land which now is or shall &c. s be benefitted, improved, or rendered valuable, by port a way over

their race, or oreason of any ditch, drain, mill race, or mill pond, ther water. or other water course, cut, leading, or lying upon, or course.. running through or across, any state road, or other public road and common highway within the said county, or by reason of any mill dam over, along, or upon which any State road, other public road or highway, now is or hereafter shall be laid, run, pass, or lead, shall make, support, maintain, and repair a sufficient way over such ditch, drain, mill race, mill pond, or other water course, or mill dam, for the safe and convenient passage of men, horses, carts, waggons, and other carriages, under the penalty of thirty dollars for each offence, to be recovered by indictment ; and every mill dam, over which any public road may pass as aforesaid, shall be at least twelve width of mill. feet wide on the top, and every bridge at least thir- dams & bridges, teen feet wide, with strong railing (on both sides if necessary,) at least three and an half feet high. . .

Sect. 5. And be it further enacted, That the Levy court and court of Appeals of the said county, are

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county, ill performed on hereby empowered to allow such moderate and reason, the roads, how able compensation to those persons who have labour- provided for. ed, or caused to be done labour, on the said roads to a greater amount than their several proportions of the road tax, and for whose satisfaction no provision as yet hath been made, as the said Court shall think proper to grant; and one moiety of the amount thereof shall be added to the road tax of the present year, and the residue to the road tax of the next year, in such manner that each hundred, in which the said ex

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tra work was done, shall contribute the amount thereof, and no more; and the collectors of the said tax are hereby authorised and required to pay, out of the monies in their hands respectively arising from the said tax, such orders as the Levy Court and Court of Appeals may give, in writing, on account of the same; and the said orders, with proper discharges thereon, shall be sufficient vouchers for so much on settlement of their accounts with the county trea. surer.

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Sect. 10. And be it further enacted, That each and enter, and ren.

the Levy every of the overseers of the roads in the said county, Court, exact ac. shall enter in a book a particular account of his transcounts of their

15.&c. actions, relative to the said roads, bridges, and cause

ways, both before and after the fifteenth day of June in this and every year, the number of days in which he and the workmen and labourers may be employed, the number of workmen and labourers, and the amount of all monies paid by him to any person or persons; which said book, together with his receipts and vouchers for all money paid and expended on the said roads, shall be laid before the commissioners of the Levy Court and Court of Appeals, at their meet. ing in February in every year.

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Shall not fur. SECT. 11. And be it enacted by the authority a fore. nish materials, said, That no overseer shall furnish any materials, &c. from their es. &c. labourers, workmen, workhorses, or draught cattle,

from his own estate, servants, slaves, or stock, for the repairing any of the said roads, bridges, or cause. ways in the said county; and each and every overseer shall be paid for their services respectively, in pro. portion to the number of labourers and workmen su

perintended or employed by them, at one time, as their compen.

follows: For every day in which one workman or labourer shall be employed, twenty cents; and for every day in which two, and not more than four workmen or labourers shall be superintended or em. ployed, thirty cents; and for every day in which five or any greater number of workmen or labourers shall be employed, one dollar, and no more.

sation,

Sec. 12. And be it further enacted, That before any CHAP. allowance shall be made by the Levy court and

VI. court of appeals to any overseer or overseers, for 1798 their trouble in superintending the making, repair

Commissioners ing, and keeping up the public roads, highways, of the Levy causeways, and bridges, the Commissioners of the Le- Court shall view

the roads, &c. vy court shall have viewed and examined all the said

d before compenroads, causeways, and bridges, in their respective sation be made hundreds, and have reported, in writing, the

seers. state thereof to the Levy court and court of appeals.

Sect. 13. And belit enacted, That it shall not be Restriction uplawful for the collectors of the road tax, before the on the Collecfifteenth of June in this and every year, to levy and the tax. recover any other part of the said road tax, excepting that proportion thereof which shall have been ascertained and directed by the Levy court and court of ., appeals, to be paid in money, by virtue of the first si section of this act.

Sect. 14. And be it further enacted, That the eighth, Repeal. eleventh, twelfth, thirteenth, fifteenth, nineteenth and twenty-third sections of the act, entitled,' An act Chap. 100.c. for the better regulation of the roads in the county of Sussex, and so much of the fourteenth and twenty-first and other sections of the said act, as are hereby altered or supplied, shall be, and are hereby repealed, made null and void; and all other parts of the said act shall be and remain in full force and virtue..

Passed January 23, 1798.

CHA P. VII.

An ACT to vest certain lands, in Neru-Castle county, , 1798.

in Thomas Magens, notwithstanding his being an alien
at the time of purchasing and taking the same.
Passed January 23, 1798.--- Private act.

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