Repealing olause.

Commence

ment.

a true copy of such receipt, when required, he or she, in either case so offending, shall forfeit and pay twenty shillings, to the informer, for every such failure or refusal, to be recovered, with costs, before any justice of peace of the county wherein such offence shall be committed.

V. And be it further enacted, by the authority aforesaid, That all and every other act and acts, heretofore made, for or concerning any matter or thing within the purview of this act, shall be, and are hereby repealed..

VI. And be it further enacted, by the authority aforesaid, That this act shall commence and be in force, from and immediately after the tenth day of June, which shall be in the year of our Lord, one thousand seven hundred and fifty-one.

CHAP. XXVIII.

An Act concerning Highways, Mill Dams, and Bridges.

Highways I. BE it enacted, by the Lieutenant Governor, Counshall be thir- cil, and Burgesses, of this present General Assembly, ty feet wide, and it is hereby enacted by the authority of the same,

at least.

Well clear

ed grub'd,

and kept

Penalty on

selling or killing trees,

near the

road, or fencing into it.

That the several county courts of this dominion have, and shall have power, by their order, from time to time, to direct the alteration of public roads already made, or hereafter to be made, and the making new roads in such places as to them shall seem convenient, for passing to, and from the city of Williamsburg, the court house of every county, the parish churches, and all public mills, and ferries: And that all such roads and highways now made, or hereafter to be made, shall at all times be kept well cleared, from woods, bushes, and other obstructions, and all roots well grubb'd up, thirty feet broad at the least; and that if any person shall fell any tree or trees into such highway, or cause the same to be felled, and not cut and carried away within forty eight hours, or shall kill any tree, or trees, within the distance of sixty feet

courts have

from such highway, or cause the same to be killed, and not felled, or shall make any fence into such highway, such person shall for every such offence, forfeit and pay ten shillings current money, to the informer, recoverable with costs, before a justice of peace, of the county where such offence shall be committed: Provided that when an application shall be made to County any county court, to have a new road cleared, or to jurisdiction have any former road altered, such court shall ap- of making point three, or more fit and able persons, to view the or altering lands whereon the said roads are proposed to be clear- any road. ed, or altered, who, upon oath taken before a justice of the peace, faithfully and impartially to perform the said service, shall make report to the next court, of the conveniencies and inconveniencies of the said intended road, or alteration.

cessary

from

one county

II. And be it further enacted by the authority afore- Where a said, That where it shall be necessary and convenient road is neto make and clear a road in one county, to some public place in another county, and a road shall accord into another, ingly be made and cleared, by order of the justices of both shall either of the said counties, as far as their county ex- join. tends, the justices of every such adjacent county shall, and are hereby required, to cause a convenient road to be made and cleared through their county, to such public place: And if the justices of such adjacent coun- Penalty on ty shall fail or refuse so to do, they shall forfeit and refusal. pay to the justices of such other county, two thousand pounds of tobacco, for every such failure, or refusal, to be recovered by action of debt, or information, in the general court, and to be by the said justices applied, to the use of their county, towards lessening the levy thereof.

when sur

veyors of

shall be ap

III. And be it further enacted, by the authority aforesaid, That every county court shall divide the public How and roads of their county into precincts, and annually, between the last of April, and first day of August, and Highways, at any other time when they shall think it necessary, and labourappoint a surveyor of each precinct, and the tithables ers thereon, who shall attend each surveyor respectively: And if pointed. any county court shall fail so to do, the justices thereof shall forfeit and pay two thousand pounds of tobacco, to the informer, recoverable with costs, in the general court as aforesaid: And all male labouring persons, being tithable, shall when required attend Penalty such surveyor, and assist him in laying out, clearing, I-Vol. 6.

on failure.

On per

and repairing the roads in his precinct, except such who are masters of two or more tithable male labouring slaves, who are hereby declared exempted from personal service, or attendance: But every other tithsons not at able free male labouring person, failing to attend with tending, or proper tools, when required by such surveyor, or renot assisting fusing to work when there, or not providing and sendthe surveyor ing another person to work in his room, for every such failure or refusal, shall forfeit and pay five shillings; and the master or owner of tithable male labouring servants, or slaves, shall be liable to the like penalty of five shillings, for every such tithable he shall fail to send when required as aforesaid; and if any surveyor shall fail to send his own male labouring tithables, he shall forfeit and pay five shillings, for every tithable he fails to send; which said penalties shall be to the informer, and recoverable with costs, before a justice of peace of the county where Where le- such offence shall be committed: But where legal gal disability cause of disability to attend shall be shewn, the jusor exemp- tice may allow thereof, and dismiss the defendant; allowed. and also where any person or persons are or shall be Surveyor's by law exempted from services upon the highways, forfeiture, if such exemption shall be allowed: And if any surveyor

tion may be

he fails.

How bridges shall be made and kept.

so appointed shall fail to perform his duty, as by this act required, he shall forfeit and pay fifteen shillings current money, for every such failure, to the informer, recoverable with costs, before a justice as afore said.

IV. And be it further enacted by the authority aforesaid, That where bridges shall be necessary, every surveyor of the highways, and his assistants, shall and may make the same in his precinct, twelve feet broad, at the least, level and passable, which shall be kept in repair, from time to time, and for that purpose he may cut and take, from off the lands of any person next adjacent to such bridge or place, such, and so much timber only, as shall be necessary for that use: which shall be first viewed and valued by two honest house-keepers, upon oath, appointed and sworn by some justice of the county where such timber shall be cut, and the court of the same county shall, in the next county levy, allow the owner according to such valuation, upon a certificate from the said two house-keepers to them produced: And where a bridge shall be necessary over any place, where the

surveyor with his assistants cannot make it, the court of that county wherein such place shall be, is hereby impowered and required, to contract and agree for the building and repairing thereof, and to levy the charge in their county levy: And where bridges or causeways are or shall be necessary from one county to another, the court of each such county shall join in the agreement for building or repairing the same, and the charge thereof shall be defrayed by both counties in proportion to the number of tithables in each: And Penalty on if the justices of any county, adjoining to such place justices refuover which a bridge or causeway hath been or shall sing to join in building a be wanting and necessary, shall refuse to join in such bridge, agreement with the justices of the county on the other where neside of such place, for building, rebuilding, or repair- cessary. ing such bridge, or causeway, and to levy their proportion of the charge thereof in their county levy, the justices of the county so refusing, shall forfeit and pay two thousand pounds of tobacco, to the justices of the county proposing such agreement, to be by them recovered, by action of debt, or information, in the general court, and applied to the use of their county, towards lessening the levy thereof: but such recovery shall not discharge the justices refusing, nor the other justices of that county, from the obligation of levying and paying such proportion afterwards, in their county levy, in the same manner as if such recovery had not been obtained.

courts shall

V. And be it further enacted, by the authority afore- Contracts of said, That all and every contract, agreement, and county order, by the justices of any county court of this co- bind them lony, entered into or made, for or concerning the and their building or repairing bridges, making causeways, and successors. other necessary charges, in such manner as to them shall seem most proper, shall be good and available against themselves, and their successors.

1

Mill dams

VI. And be it further enacted by the authority aforesaid, That if any mill dam, over which any public must be 12 road leads, or the bridge, passage of the pierhead, feet wide, at floodgates, or waste over the same, shall be of less top. breadth than twelve feet at top, for the whole length

of the dam, bridge or passage, the owner or owners, Penalty on occupier or occupiers of such mill, shall forfeit and failure. pay twenty shillings for every such offence, recoverable with costs, before any justice of peace, of the county wherein such mill dam shall be, one moiety to

the use of the informer, and the other moiety to the churchwardens of the parish in which such mill shall Bridges and be, to the use of their parish: And every owner or occupier of a mill shall cause strong rails to be set up, and kept in repair, on each side of such bridge, passage, floodgates, or waste, under the like penalty.

passages over mill dams to be railed in.

VII. Provided always, That if any mill dam, or Exceptions, the floodgates, or picr-head, shall happen to be destroyed or carried away by tempest, or other accident, the owner or occupier thereof shall not be liable to any of the said penalties, until one month after such mill hath ground one bushel, at least, of Indian corn, or other grain, for toll. And that where any bridge, over the passage, floodgates, or waste, is already built, ten feet wide, with strong rails to the same, such bridge shall be sufficient so long as it shall be in good repair.

At every

with direc

be set up.

VIII. And be it further enacted, by the authority aforesaid, That where two or more cross roads or cross road, a highways meet, the surveyor thereof shall cause to be stone or post erected, and kept in repair from time to time, in the tions, shall most convenient place where such roads join, a stone or post, with plain inscriptions thereon, in large letters, directing to the most noted place to which each of the said joining roads leads; and it shall be lawful for the said surveyor to take any trees or wood, not being timber, from any adjacent lands, for setting up such post: And the expence he shall be at in setting up the same, with inscriptions thereon, and keeping them in repair, shall be reimbursed, and paid by the county, at their next levy after such service performed: And if any surveyor shall neglect or refuse to cause such stone, or post to be set up, or shall not cause them and the inscriptions to be repaired, or renewed, from time to time as shall be necessary, he shall forfeit and pay fifteen shillings for every month such stone or post shall be wanting, to be recovered and applied in the same manner as the penalty for not On persons keeping the roads or highways in repair: And if any who destroy, person shall presume to cut, pull up, destroy, or deface any such stone or post, or the inscriptions thereon, and be thereof convicted, by confession, or the oath of one or more credible witnesses, before a justice of peace of the county where such offence shall be committed. he or she shall forfeit and pay twenty shillings current money, for every such offence, to

And kept in repair. Penalty on

the surveyor if he fails.

or deface

such.