York shall give way to such as are going towards the said city, under the penalty of five dollars for every offence, Penalty for to be recovered with costs of suit by any person who will difobedience. sue for the same before any justice of the peace of the county where the offence is committed, the one half of which penalty shall be for the use of the person who shall prosecute for the same with effect, and the other half thereof shall be paid to the commissioners of the highways of the town where the offence was committed, and be by them applied towards the repair of the highways in the same town.

XVI. And be it further enacted, That where any highway has been laid out by commissioners of any of the said counties and entered in the records of said county, or of any town, such record shall be good and lawful evidence of such highways, although it does not appear on said record that the said highway has been approved of by the court of sessions in said county any former law to the contrary notwithstanding.

Former re cords of highgood evidence

ways declared

Inhabitants county annually to elect ers and overfeers of high

of Richmond

commiffion

ways.

XVII. And be it further epacted, That the freeholders and inhabitants of the county of Richmond are hereby authorized, at their annual town meetings for electing town officers, to elect three freeholders in each town to be commissioners for laying out.and regulating highways, and also as many freeholders in each town as the majority of the freeholders and inhabitants then assembled shall think necessary, to be surveyors and overseers for the mending, repairing and keeping in order the several highways in the respective towns for which they shall be elected, and the persons so elected as well as the commissioners who are to regulate and lay out highways, as those elected to be overseers and surveyors thereof, are hereby required to take the respective offices upon them, and in case of Two juftices the death or removal of any of the commissioners or overseers aforesaid, it shall be lawful for two justices, vacancies. of the peace living in the town, and in case there should be but one, then the next justice to the said town, in conjunction with the justice in the town, to appoint some fit person to execute the office of commissioner or overseer,.. as the case may require, until a new election shall be made at the next annual tow meeting, and every such commissioner or overseer so appointed as aforesaid shall have the same powers, and e Hable to the same penalties as if chosen at such town meeting.

of the peace may fupply

ers how to alter read..

Jay out audi

XVIII. And be it further enacted, That when any new Commiffion. road is to be laid out in any town in the said county of Richmond, or any road already laid out requires to be altered, the commissioners for such town, or the major part of them, with one or more of the commissioners from each of the other towns in the aid county of Richmond, are hereby authorized to lay out all such public roads or high

ways as they or the major part of them shall think necessary, and also to take a view of the roads already laid out; and if any of them shall appear inconvenient and in their opinion an alteration absolutely necessary, they may alter the same and lay out such other public highways as they or the major part of them shall think convenient, and if they find upon view any of the above roads are lessened or blocked up, they may open the same to such width as they shall think proper, not exceeding three rods nor How difputes less than two, and if any of the roads lessened or croachments blocked up as aforesaid shall run between the land of two to be fettled. persons and a dispute shall afise which of them hath encroached upon the road, the said commissioners shall hear their respective allegations and proofs, and give their judgment thereon as they or the major part of them shall think equitable and just, being first sworn in the words forlowing, viz.

relative to en

on the road

Oath of com.

mishioners

who fettle

"You shall well and truly try this matter in dispute, between A B and C D, respecting the road running between fuch difputes. ` them, and give a true judgment thereon according to evidence. So help you God."

·Remedy of

.lands loft by roads.

Commiffion

ers to pay for lands taken for roads.

the value of

And shall open and lay out the said highway agreeable purchafer for to their decision thereon, and when any roads so opened as aforesaid shall take away lands from any person which were actually measured to him as part of the land by him purchased, and which was before such sale laid out as a public road, the possessor of such lands shall have his remedy against the person for persons they respectively purchased from; Provided always, That nothing in this act relating to the said county of Richmond shall extend or be construed to empower the commissioners aforesaid to lay out any road through the lands or meadows of any person, without paying to him or them the true value of the lands so to be laid out into a highway or road, with such damage Difputes as to as he shall sustain thereby; and in case of public highways or roads, if any dispute sa arise respecting the value of the land or the necessity of laying out such road, the said commissioners shall in such case deliver all their proceedBy the fuper- ings signed by them, or a majority of them, to the supervisors of the said county of Richmond at their next meeting thereafter, who after examining the same and hearing the objections, if any, sall approve or reject the same, as it shall appear to them of the major part of them to be reasonable or necessary, and may agree with the owner or And by a jury owners for the value of the land and damages, and if it of inquiry. shall happen that the supervisors shall be equally divided in their opinion, in that case they shall call to their assist. ance the treasurer of the said county, who agreeing with either side shall determine, and if the same be approved and confirmed, the said supervisors shall cause the same, with their proceedings thereon, to be entered in the

fuch land or neceffity of the road how ◆ttled

vifors and

treasurer of the county,

County records, and the county clerk is hereby required to enter the same, and the supervisors shall then endeayour to agree with the owner or owners of the lands respecting the value thereof, and the amount of damages, and if they cannot agree, the same shall then be determined and the true value set and appraised by the oath of twelve freeholders, not having any interest in the land, the said freeholders to be summoned by the sheriff of the said county of Richmond, by virtue of a warrant to be issued by any one justice of the peace of the said county, who shall attend at the time and, place mentioned in the said warrant and swear the jury, and set with them upon hear ing the parties and swear the witnesses, but shall not give his vote with the said jury in assessing the said value and damages; but if no controversy shall arise about the necessity of laying out such public highway, then the said commissioners shall report the same to the supervisors at their next meeting, and the said supervisors shall then endeavour to agree with the owner or owners of the land over which such highway shall be aid out, for the value of the land and damages, and if they cannot agree, the same shall be determined by a jury in the manner aforesaid, and in all cases of public highways so laid out or altered as aforesaid, the value of the lands and damages whether agreed on as aforesaid or assessed by a jury, together with the charges of the commissioners and of the jury, if there be a jury, and of the whole proceedings thereon had, shall be levied and paid in like manner as Damages and the other contingent charges of the county, and every paid. highway so laid out shall be a common public highway; but if the road laid out be for the private use and benefit Private roads of any particular person or persons, then the said com- hod, and missioners shall hear and determine all disputes concern- damages ing the necessity of such private load, and the value of the land, damages and charges aforesaid shall be paid by the person or persons who desire the same to be laid out, and the road to be for the only proper use of such person or persons, and their heirs and assigns, who shall pay for the same, and in case the person or persons applying for such private road cannot agree with the owner or owners of the land over which such private road shall go, respecting the value of the land and damages, then the same shall be assessed by a jury in the manner above directed; Pro- Provifo, vided however, That the person through whose land the road shall be so laid out, his heirs or assigns, shall not be debarred from crossing or using the said road.

XIX. And be it further enacted, That if any person within the said county of Richmond shall alter, close or lessen, or shail wantonly damage any road, bridge or causeway, or fence across any road or highway in the said county, or erect or set up any gates thereon, or put or

cofts how

deter

thereby how

paid.

Penalty for obstructing any road or leaving nui

altering or

bridge, or

fances there'

on.

leave in any of them any unnecessary obstruction, without leave of the said commissioners, or if any person shall leave the carcase of any beast or any broken carriage in any road or highway for any longer time than may be necessary to remove the same, every such person shall for every such offence forfeit and pay to the overseers of the highways of the district where the offence shall be com How recover: mitted the sum of five dollars, to be recovered by the said ed and applied overseer of the highways, with costs of suit before any justice of the peace, upon the ath of any one credible witness, and levied by warrant from any justice of the peace, directed to the constable of the town where such offence is committed, by distress of the goods and chattels of the offender; and the said constable, after six days notice shall be given by him of the time and place of sale, shall make sale thereof, and out of the product of such sale pay the said forfeiture and charges and return the overplus, if any there be, to the owner thereof, which said forfeiture of five dollars shall be applied by the overseer of the highways towards repairing the public roads or highways within the town where such forfeiture shall arise.

Width of roads.

Roads how

and by whom and repaired.

to be cleared

XX. And be it further enacted, That all common public roads or highways which shall be hereafter laid out by the aforesaid commissioners in the said county of Richmond, shall not exceed three rods in breadth, nor be less than two, and where any private road for the particular use and benefit of any person as aforesaid shall be laid out through the land or meadow of any person, it shall not exceed the breadth of twenty feet.

XXI. And be it further enacted, That the inhabitants of the towns in the said county of Richmond in which any public roads or highways, do run, or shall be hereafter ascertained or laid out, shell clear and maintain the same by draining, banking, cutting or stubbing the brush, carrying off the stones, and also the limbs of trees hanging over the said roads to be lopped and carried off, or the trees cut down as the same may be necessary, and so often as they or any of them shall have notice from the respective surveyors or overseers of the highways, shall by themselves or servants clear, level and amend the highways in such place and manner as they shall be directed by the overseers or surveyors respectively, not exceeding six days in the year, nor less than four, and for each day every person shall neglect or refuse to work on the highways as aforesaid, he shall forfeit and pay to the overseer of the highways of the town where he shall reside the sum of and applied. seventy-five cents for every day he shall so refuse or neglect to work, and if the said penalty is not paid within six days after the same shall be incurred, it shall be levied with fifty cents costs by a warrant under the hand and seal of the said overseer of the highways, directed to one of the con

Penalty for neglect how recovered

Certain into work more than 3 days in

habitants not

one year.

roads how procured.

stables of the town where the neglect or refusal happens, and such constable shall levy the same by distress and sale of the goods and chattels of the offender, and pay the said penalty to the said overseer of the highways with twelve and an half cents for the said warrant, and retain the other thirty-seven and an half cents for his fees, returning the overplus of such sales, if any there be, to the owner; and the said penalty shall be applied by the said overseer of the highways towards amending and repairing the highways in his district; Provided always That every freeholder and inhabitant, whose real and personal property shall not exceed in value the sum of two hundred and fifty dollars, shall not be obliged to work on the said highways more than three days in every year. XXII. And be it further enacted, That all trees that Timber for stand in the land of any person, through which any common public road or highway in the said county of Richmond is or may hereafter be laid out, shall be for the proper use of the owner or owners of the same, but the owner shall not hinder the public from making use of so much timber which is standing or laying on that road, as will amend and repair the highways or road running through that land, and if there should not be sufficient timber on the public roads to amend and repair the same, or should any other materials for that tipurpose be necessary, the overseers shall have power to purchase any of the aforesaid materials in the best and cheapest manner they can, and shall carry in their respective accounts to the supervisors, who shall add so much to the respective towns where the same did arise, and be by them raised in the same manner as the other contingent charges are raised and levied.

XXIII. And be it further enacted, That where any highway from any plantation in the said county of Richmond to any meadow, mill or common landing-place, shall run through the land or meadow of any person, it shall be lawful for every such person by the approbation of the commissioners as aforesaid, to place and hang good and easy swinging gates on such highways, and keep them in good repair at his own proper costs, and the several gates already standing and allowed may be approved and continued or altered, as the commissioners shall judge most convenient.

Swinging gates on what erected and how repaired

roads to be

how estimate

ed.

XXIV. And be it further enacted, That if the overseers Teams, &c. of the roads and highways in the said county of Richmond 'shall require any team, cart or waggon, and a man to manage the same, the said team, cart or waggon shall be esteemed to be for and in lieu of three days work of a single man, and the fine proportionable; and every person when called to work on the roads, shall bring spades, axes

Implements how fupplied. for working