chattels distrained for the same, in such case it shall and may be lawful for the said tenant or tenants or other persons aforesaid to deduct the tax so paid out of the rent due or to become due, or for the tenant or tenants or other persons aforesaid to recover the same from the owner or owners by action of debt, together with costs of suit.

Provided, That nothing herein contained shall make void or alter any contract heretofore made between any landlord and tenant respecting the payment of the road tax or any usage or custom in respect to the tenants paying the said tax now subsisting between landlord and tenant.

[Section X.] And be it further enacted by the authority aforesaid, That the said supervisors of the public roads and highways of the several townships shall and they are hereby required and enjoined as often as the said several roads and highways within their respective townships shall be out of repair, or as often as any new road shall be laid out and directed to be opened by lawful authority, to hire and employ a sufficient number of laborers to work upon, open, amend, clear and repair the same in the most effectual manner, and to purchase wood and all other materials necessary for that purpose, and to oversee the said laborers and take care that the said roads and highways be effectually opened, cleared, amended and repaired according to the true intent and meaning of this act.

And in order to enable the said supervisors [the] more effectually to discharge their duty:

[Section XI.] Be it enacted by the authority aforesaid, That it shall and may be lawful for the supervisors aforesaid or any other person or persons by his or their order and direction to enter upon any lands adjoining to or lying near the public roads and highways within their respective townships and to cut or open such drains or ditches through the same as he or they shall judge necessary completely to carry off and drain 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 cut and opened shall be kept open by the said supervisors if necessary for amending the said road, and shall not be stopped or filled up by the owner or owners thereof

or any other person or persons whatsoever under the penalty of five pounds for every such offense.

[Section XII.] And be it further enacted by the authority aforesaid, That the said supervisors shall have full power and authority in any ground or lands adjoining the said public roads and highways within their respective townships to dig or cause to be dug any gravel, sand or stones, or to gather any loose stones lying on the said lands, or cut down any wood or trees growing in any piece or parcel of woodland adjoining the said roads, as he or they shall think necessary for the purposes aforesaid, provided the same be done with as little damage as may be to the owner or owners of such land, and the same sand, gravel, stones or wood so dug, gathered and cut to carry off without the let, hindrance or control of the owner, he the said supervisor paying or tendering to the said owner so much purchase money as they shall agree the same to be worth; and if the said supervisor and owner cannot agree upon the price of the materials so wanted for repairing the roads as aforesaid, then and in every such case so much money shall be paid by the said supervisors, respectively, as any two indifferent freeholders of the townships where such public roads and highways do lie, to be chosen by the parties, shall estimate and adjudge to be the value of the materials so wanted for repairing the said roads in their respective townships as aforesaid.

[Section XIII.] And be it further enacted by the authority aforesaid, That if any person working on the highways or being with them shall ask any money, drink or any other reward whatsoever, or shall by any contrivance, way or means whatsoever extort or endeavor to extort any money or other thing of or from any person passing or traveling upon the said public roads or highways, he shall for every such offense pay to the supervisor or supervisors of the said township the sum of three shillings, to be recovered by the said supervisors, respectively, in a summary way before any justice of the peace, and applied for and towards repairing the said roads; and in case any supervisor shall connive at any person's asking and demanding any reward from any traveler as aforesaid, or shall himself extort or endeavor to extort any money or other thing from any traveler as aforesaid,

every such supervisor shall forfeit and pay for each offense the sum of twenty shillings, to be recovered by any person whatsoever in manner aforesaid, one-half to the use of the prosecutor and the other half to and for the service of the said roads.

[Section XIV.] And be it further enacted by the authority aforesaid, That all and every supervisor or supervisors of the public roads and highways within this province who shall refuse or neglect to do and perform his or their duty as directed by this act (not otherwise particularly provided for) shall be fined and shall pay the sum of three pounds for every such offense, to be recovered in a summary way before any justice of the peace of the county, and to be applied towards repairing the public roads and highways within their respective townships where such fines and penalties are incurred.

Provided always, That if any such supervisor or supervisors shall conceive himself or themselves aggrieved by the judgment of such justice, he may appeal to the next county court of quarter sessions, who shall on the petition of the party take such order therein as to them shall appear just and reasonable, and the same shall be conclusive on all parties.

[Section XV.] And be it further enacted by the authority aforesaid, That at the time and place for choosing a supervisor or supervisors for each township, respectively, as aforesaid, the electors shall and are hereby enjoined yearly and every year to choose by tickets in writing four capable and discreet freeholders or inhabitants qualified to elect as aforesaid to settle and adjust the accounts of the supervisor or supervisors whose offices shall be then about to expire; and the person or persons who shall have served the office of supervisor or supervisors for the preceding year shall on the twenty-fifth day of March yearly, or within six days after, make up and produce fair and clear accounts of all such sums of money by him or them expended on the highways, and of all sums of money by him or them received by virtue of any assessment or otherwise, and of all fines and penalties due from themselves and others which have come to their hands, which accounts shall be entered in a book to be provided for that purpose, and shall be attested on oath or affirmation by such person or persons before any justice of the peace if

the said freeholders or inhabitants or any three of them shall require the same, and the said freeholders or inhabitants so chosen to settle the accounts aforesaid, or any three of them, shall have full power to adjust and settle such accounts so produced to them as aforesaid and to allow of such charges and sums only as they shall think to be just and reasonable, and if there shall appear to be any money remaining in the hands of the person or persons who shall have served as supervisor or supervisors as aforesaid, they shall, by order in writing signed by them, or any three of them, direct the same to be paid to the succeeding supervisor or supervisors, but in case such person shall be found to be in advance for moneys expended and shall have carefully collected the sums of money assessed and imposed by virtue of this act, then the said freeholders or inhabitants so chosen to settle the accounts aforesaid, or any three of them, shall in like manner order the succeeding supervisor or supervisors to repay and reimburse the same as soon as a sufficient sum of money shall have come to their hands; and if any person or persons who shall have served the office of supervisor shall neglect or refuse to make up and produce fair and just accounts as aforesaid, or having made up and produced such accounts shall neglect or refuse forthwith to pay the moneys which he or they shall be ordered, as aforesaid, or shall not deliver up the book wherein such accounts shall be entered to their successors, it shall and may be lawful for any justice of the peace on complaint to him made by the said freeholders or inhabitants so chosen to settle the accounts aforesaid, or any three of them, to commit such delinquent or delinquents to the county gaol until he or they comply as aforesaid.

Provided always, That if any person shall think himself aggrieved by the settlement of his accounts as aforesaid, he may (having first paid over to his successor or successors the balance found in his hands) appeal to the next court of quarter sessions, who shall on the petition of the party take such order therein and give such relief as to them shall seem just and reasonable, and the same shall conclude and bind all parties.

Provided also, That if any person or persons shall be sued or prosecuted for anything done in pursuance of this act, he or they 13-VIII

may plead the general issue and give this act and the special matter in evidence for their justification; and if the plaintiff or prosecutor become nonsuit or forbear prosecution or suffer a discontinuance, or if a verdict pass against him in such action or suit, the defendant shall have treble costs, to be recovered as in cases where costs by law are given to defendants, and no such suit or prosecution shall be maintained unless it be commenced within six months after cause given or unless security first be given for the charges.

[Section XVI.] And be it further enacted by the authority aforesaid, That so much of the act of general assembly of this province made in the twelfth year of the reign of His Majesty, King William the Third, entitled "An act for erecting bridges and maintaining highways," as directs every overseer of the highways to summon all the inhabitants of his respective precinct as from time to time he shall see occasion to come to such place or places as he should appoint, and so much of the said act as directs the inhabitants so summoned to attend and work upon the said highway, shall be and are hereby repealed and made void.

[Section XVII.] And be it further enacted by the authority aforesaid, That one other act of general assembly of this province, entitled “An additional act for the better preserving the highways," passed in the fourth year of the reign of Her late Majesty Queen Anne, and every article, clause and thing therein contained, shall be and are hereby repealed and made void.

2

[Section XVIII.] And be it further enacted by the authority aforesaid, That this act shall continue in force for the term of seven years and from thence to the end of the next sitting of assembly and no longer.

Passed March 21, 1772. Referred for consideration by the King in Council, January 15, 1773, and allowed to become a law by lapse of time in accordance with the proprietary charter. See Appendix XXX. Because of the number of special road laws, and the space that a complete annotation would necessarily occupy, the Commission has deemed it best not to annotate this act.

1 Passed November 27, 1700, Chapter 57.

2 Passed January 12, 1705-6, Chapter 156.