1822 - Edocs

.-'erson failing- to
•ttend.
Penalty.
'ommutation oi
ibcr.
enccacrob-
3aus.
low to remove
oad>.
98
tools as he may deem necessary. Arid if any person sub
ject to work as aforesaid shall fail to attend agreeable to
sucli notice, together with all slaves, sons, wards and apprentices
owned by them or under them or under their
care or management, they shall be subject to the follow-
ing- fines, to wit: for the non-attendance oi every free
person, the sum of one dollar pet day, and for every slave,
son, ward and apprentice, the sum of one dollar per day,
to be recovered on the goods and chattels of such white
person failing to work on any road and on the goods and
chattels of the owner or possessor of such slave or slaves,
and on the goods and chattels of the father, mother or
guardian of any white person under the age of twenty
one years who shall fail to work on any road as aforesaid
by warrant of distress, in an action of debt before any
justice of the peace, in the name of the overseer who shall
nevertheless be a competent witness against such defaul-
ter or defaulters; unless the party making* such default
shall within ten days thereafter make such excuse on oath
as may be deemed satisfactory to the overseer: and provided
also, that no justice of the peace shall be authorised
to issue a warrant as aforesaid without satisfactory
proof being first made that the notice required by this
act was duly served.
10. Be it further enacted, That, the overseers shall be
and they are hereby authorised to commute personal labor
for waggons, teams, or any necessary implements oi
labor which may be required on the road.
11. Be it further enacted, That, when any person or
persons shall have made any fence or laid any other obstruction
across or in any public road heretofore laid out,
without the leave of any court having cognizance thereof,
i? shall be the duty of the overseer of the road in which
the same may be, as soon as may be after he has notice
or knowledge of such obstruction, to cause such obstructions
to be removed, and the road restored to its original
situation, unless in the opinion of such overseer the road
now used is equally convenient with the original one.
And when any person shall be desirous of removing any
road for private convenience, such person shall petition
the county court for leave to remove the same, and on such
petition it shall be the duty of said court then to issue an
order directed to three freeholders of the neighborhood,
who being sworn as is by law herein before directed, shall
proceed to view the ground over which such removal is
intended to be made, and if the said freeholders shall report
to the next court that such alteration will be equally
convenient, the county court may order the same to be
made by the person praying the same, which shall be
cleared in the same manner as herein before directed.