University of Virginia Library

1772. ACT FOR OPENING & KEEPING IN REPAIR PUBLIC
ROADS.[1]

Freeholders of each Township to chuse annually two supervisors
of the High ways.

The supervisors to lay a rate (appeal to lie to Quarter Sessions
for party grieved) not exceeding 9d in the pound on real & personal
estate & to last county assessmt to be employed in opening,

clearing, mending & repairing the several high ways within their
respective Townships.

Where roads divide 2 townships, to be repaired at joint expense,
and supervisors

Vacancy in supervisorship by death refusal to act or removal to
be supplied by 3 or more Justices of peace.

Supervisors to receive 12d. in the pound for collecting, & 4
shillgs. per day during the overseeing employg. & directing the
workmen on the public roads.

Tenants of non resident Landlords liable for rates to be deducted
from their rents, saving contracts.

Supervisors reqd. as often as roads out of repair or new roads to
be opened, to have sufficient n° of labourers to work upon, open,
amend, clear & repair the same in the most effectual manner, & to
purchase wood, & other materials necessary. Supervisors & persons
havg his order, empowered to enter on adjoining lands, to
cut ditches & drains as he shall find necessary, doing as little
damage as possible, which drains shall not be stopped by owner
under penalty of 5 pds. for each offence—also to dig gravel sand or
stones, or take loose stones on sd land or cut trees necessary, doing
as little damage as possible, & the sd. materials to remove without
let, paying or tendency to owner the agreed value, or in case
cannot agree, value to be set by two indifferent freeholders.

Penalty of 3/. on persons working on high way, asking demandg
or extorting money    or other thing from travellers,
to be recovered by supervisor before the Justice of peace & applied
to use of roads, & in case of Supervisors conivance, he to
forfeit 20/.   to by any person whatever 1/2 to prosecutor, 1/2 to
use of roads.

Supervisors neglecting or refusing to perform duty, to be fined
£3 for every offence, to be recovered in same way before Justice
of peace & applied to use of roads allowing appeal to Supervisor
to Court of Quarter Sessions which on petition of party grieved
shall take final order therein as shall appear Just & reasonable.
Electors at time of chusing supervisors to chuse four freeholders
yearly, to settle acct of supervisors whose office shall then be about
to expire: & the person or persons who shall have served the
office of supervisor for preceding year, shall on 25th. March yearly

or 6 days after make up & produce fair accts. of all sums expended,
& come to his hands: wch. accts. shall be entered in a book to be
kept for that purpose, & shall be attested on oath or affirmation
before Justice of peace if reqd. by sd. freeholder or 3 of them—
sd. freeholders or 3 of them to allow such charges & sums only as
they shall deem reasonable; money remaining in hands of precedg.
supervisors to be paid by order of sd. freeholders to succeeding
supervisors: in case of the reverse, succeeding supervisors to
reimburse by like order, out of the first money coming to their
hands—supervisors failg. to produce acct. or to pay surplusage or
deliver book of acct. to successor or in his hands may on complaint
by sd. freeholders to any Justice of peace, be by him
committed to county goal, till he comply.

Person sued for executing this act. may plead gen1. issue, & give
it & special matter in evidence; & if dft or prosecutor be nonsuit,
or suffer a discontinuance or if a verdt pass ag.st him, dfts
shall have treble costs to be recovered as in other cases of costs
given to dfts. & no such suit or prosecution   tained unless
com̃enced within six months after cause given, or unless security
be first   for the charges.