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Fort Havoc (Wallace Hale)

Info The language of the text is the original used by Wallace Hale. Records acquired by the Provincial Archives are not translated from the language in which they originate.

CAP. XXXI.

An ACT to repeal all the Laws now in force relating to the establishment, regulation and improvement of the Great Roads of Communication, through the Province, and to make more effectual provision for the same.

Passed the 21st of March, 1822.

Preamble.

WHEREAS it is expedient that the several Acts now in force relating to the Great Roads of Communication through the Province, should be repealed, and a more effectual system established for the regulation and improvement of the said Roads;

56 G. 3, C. 22,

57 G. 3, C. 10,

58 G. 3, C. 21, and

60 G. 3, C. 24, repealed

I. Be it enacted by the Lieutenant Governor, Council, and Assembly, That an Act made and passed in the fifty-sixth year of the Reign of his late Majesty King George the Third, intituled "An Act for the establishment, regulation and improvement of the Great Roads of Communication through the Province," also an Act made and passed in the fifty-seventh year of the same Reign, intituled "An Act in addition to and in amendment of an Act, intituled "An Act for the establishment, regulation and improvement of the Great Roads of Communication throughout the Province," also an Act made and passed in the fifty-eighth year of the same Reign, intituled "An Act in addition to and in amendment of an Act, fo the establishment, regulation, and improvement of the Great Roads of Communication throughout the Province, and an Act in addition to and in amdendment thereof," also an Act made and passed in the sixtieth year of the same Reign, intituled "An Act further to alter and amend an Act, intituled "An Act for the establishment, regulation and improvement of the Great Roads of Comunication through the Province, be, and the said several Acts are hereby repealed.

Great Roads of communication established.
Fredericton to Westmorland.

II. And be it further enacted by the Lieutenant Governor, Council and Assembly, That the Roads as herein described, be, and they are hereby appointed and established to be the Great Roads of Communication through the Province, that is to say: That the Road leading from Fredericton to Westmorland, be by the following line or route: From the Market House in Fredericton, to continue down on the West side of the River, until it comes opposite to Zachariah Bailey's, there to cross the River, and thence to join the Maugerville Road, thence following the present Road through Maugerville, Sheffield, and Waterborough, to the Jemseg, thence across the Ferry to Oakley's, thence following the Road now laid out to Washademoac Lake, thence to the head of Belleisle, thence to the Finger Board at Knox's Farm, thence through Sussex Vale, thence by Carlisle's Portage to James Blakeney's, upon the Petticodiac River, thence down the said River to the Bend, thence through the Portage between Petticodiac and Memramcook Rivers, thence across the Memramcook River by the new Bridge to the Court House in Dorchester, thence through the Portage to Sackville, thence by the Road leading over the Great Marsh to the Misseguash River, to the boundary line of the Province, to join the Post Road of Nova Scotia.

Saint John to the head of Belleisle.

That the Road from Saint John to the head of the Belleisle, be by the following line or route, that is to say: From the Fork of the Road on the Great Marsh near Saint John, through the Moose path Road by Charles Clarke's and the Honorable William Black's Farm, to the Gondola Point Road, thence by the same Road to Gondola Point, thence crossing the River Kennebeckacis to Georg Burgess' Farm, thence following the Road lately laid out to the eastward of Bates' Mill Pond, and through the Middle Land Settlement by way of Lewis Pickett's, to the Guthrie Road so called, thence by the Road last mentioned to the head of Belleisle Bay, meeting the Great Road from Fredericton to Westmorland there.

Fredericton to Saint Andrews.

That the Road leading from Fredericton to Saint Andrews, be by the following line or route:¹

Fredericton to the Canada line.

That the Road leading from Fredericton to the Canada line, be by the following line or route, that is to say: From the Market House in Fredericton, on the west side of the River Saint John, to Tousand Godine's thence to cross the River Saint John, and to join the Road at John M'Kean's on the upper side of the Mactequack River, from thence to join the Road lately opened leading to Pennington's Bridge, on the Great Road leading to Joseph Woolverton's, in the Parish of Northampton, thence across the River Saint John to Mr. Fraser's lower Farm, in Woodstock, thence to the Garrison at Presqu' Isle, thence across the larger Presqu' Isle Creek, near its mouth, thence to the Grand Falls, and from thence to the Canada line, through the Madawaska Settlement.

Fredericton to the River Restigouche.

That the Road leading from Fredericton to Restigouche, in Northumberland, be by the following line or route, that is to say: From Fredericton across the Ferry to Moncton, thence following the present Road to Porter's, thence along the south eastern side of the South West Branch of Miramichi River, to Robert Doak's Farm, thence crossing to the north western side of the said branch, thence along the same to Beobear's Point, thence across the North West Branch of Miramichi River, to Patrick Taylor's, on the northern side thereof, thence to continue on the northern side of the said Branch and River, to the Court House in Newcastle, thence to the River Nipisigwit, thence along the Settlements on the coast of Chaleur Bay to the River Restigouche.

Saint John to Saint Andrews.

That the Road leading from Saint John to Saint Andrews, be by the followining line or route, that is to say: From Carleton to Carman's Farm Lot, at Musquash, from thence to Little's Tavern, from thence to the Farm Lot now occupied by John D. Woodbury, from thence to the Magaguadavic Bridge, at Stuart Steele's, from thence to the Wellington Bridge across the Digdeguash River, from thence to Chamcook, by way of John Haycock's, from thence to Saint Andrews, by Joseph Walton's.

Saint John to Westmorland.

That the Road leading from the City of Saint John to Westmorland, be by the following line or route, that is to say: From Saint John to Hampton Ferry, thence by the Road leading through Hampton, to the Burnt Hill, thence by the new Road to Knox's Farm, and thence to the Misseguash, as hereinbefore described.

Bend of Petticodiac to Chediac.

That the Road leading from the Bend of the Petticodiac River, in the County of Westmorland, to Chediac, be by the following line or route, that is to say: From the Bend of the Petticodiac River, by the present road, to Chediac.

Dorchester to Chatham.

That the Road from Dorhcester to Chatham Village, in the County of Northumberland, be by the following line or route, that is to say: From Amasa Wheldon's house, near the new Memramcook Bridge, by the present route over the old Bridge to Chediac, from thence by the present route to Buctouche, thence to cross the River at Elijah Ayer's, thence to Mill Creek, by the most practicable route, thence to Nichol's River, thence to the River Richibucto, thence crossing the Rivers Kouchibouguack and Kouchibouguaksis, to Bay du Vin River, thence through the upper Settlements on Black and Napan Rivers, to Chatham Village, on the River Miramichi.

Width of Roads.

III. And be it further enacted, That all the before mentioned Public Roads shall be laid out four rods wide, and be opened and worked of such width as the Supervisors in their respective districts shall deem necessary.

Supervisors to be appointed.

Repealed by 6 G. 4, C. 20, S. 6.

IV. And be it further enacted, That the Lieutenant Governor and Commander in Chief for the time being, by and with the advice of His Majesty's Council, is hereby authorised and empowered to appoint, by warrant under his hand and seal, fit and discreet persons to be Supervisors of such parts of the Great Roads throughout the Province, as hereafter is mentioned, that is to say: One fit and discreet person to be Supervisor of the Great Road from Fredericton to the Finger Board, at Knox's Farm, and also of the Great Road from the Fork of the Road on the Marsh near the City of Saint John, by way of Gondola Point, to the head of Belleisle: one other fit and discreet person to be Supervisor of the Great Road from Fredericton to Saint Andrews: one other fit and discreet person to be Supervisor of the Great Road from Fredericton to the Canada Line: one other fit and discreet person to be Supervisor of the Great Road from Fredericton to the River Ristigouche; one other fit and discreet person to be Supervisor of the Great Road from Saint John to Saint Andrews; one other fit and discreet person to be Supervisor of the Great Road from Saint John to the Province line, to join the Post Road of Nova Scotia, and also of the Great Road from the Bend of the River Petticodiac to Chediac, and also of the Great Road from Dorchester to Chediac; one other fit and discreet person to be Supervisor of the Great Road from Chediac to Chatham Village, in the County of Northumberland.

Supervisors to give security.

V. And be it further enacted, That every Supervisor appointed by this Act, shall give such security for the faithful performance of the duties required of him, and for accounting for the public monies intrusted to him, as His Excellency the Lieutenant Governor or Commander in Chief for the time being, by and with the advice of His Majesty's Council, shall deem fit and proper.

Supervisors to have the sole ordering of repairs and alterations.

Not to prevent the Commissioners of Highways from the exercise of their powers.

VI. And be it further enacted, That the Supervisors appointed under and by virtue of this Act, shall have the sole ordering of the repairs and alterations which may be necessary for the completing the said Roads within their respective limits or districts, and keeping them at all times, during their continuance in office, in the best practicable state for the passage of men, horses, cattle, teams, and carriages. Provided always, that nothing in this Act shall deprive the several Commissioners of Highways, in the several and respective Parishes, of the power of directing the application of the Statute Labour of the Inhabitants, pursuant to the provisions of the Act "for regulating, laying out and repairing Highways and Roads, and for appointing Commissioners and Surveyors of Highways within the several Towns and Parishes in this Province," of the said Parishes, either upon the Great or other Roads within the same, as to the said Commissioners may appear most conducive to the public good.

Allowance to the Supervisors 10 per cent.
No Supervisor to receive more than £100 per annum.

VII. And be it further enacted, That each of the said Supervisors shall be allowed to retain for his services at and after the rate of ten per cent. for every hundred pounds that shall be expended by him, out of the monies granted for the use of said Roads. Provided, that no Supervisor shall receive a larger sum than one hundred pounds in any one year.

Supervisors to account for monies, and produce receipts.

VIII. And be it further enacted, That the said Supervisors shall respectively keep an exact account of the expenditure of all sums of money received by them respectively for the Great Roads, and shall produce receipts in writing from the several and respective persons to whom any part of the said sums of money shall be paid, as vouchers for the payment, and shall render an account thereof under oath, which oath any Justice of the Peace in the several and respective Counties, is hereby authorised to administer, to be transmitted to the office of the Secretary of the Province, for the inspection and examination of the General Assembly.

Work to be done by contract when practicable.

IX. And be it further enacted, That it shall be the duty of the said Supervisors, when practicable, to prefer contracts for the making and repairing the Roads and Bridges within their respective districts, and to avoid as much as possible the hiring men by days works; the amount of the contracts and the wages of labourers hired by the day to be paid in cash.

Supervisors may, after notice, seize and sispose of fences, timber, and other things found on the roads.
Proceeds of articles sold, to be aplied for the roads.

X. And be it further enacted, That all fences, timber, wood, stones, boards, plank, and rubbish of any kind, which shall be found to remain upon any part of the said Public Road after six days previous public notice by the respective Supervisors to remove the same, shall be forfeited; and it shall and may be lawful for the said Supervisors respectively, or any of them, without any suit or process of law whatever, to cause all articles so found to be seized and disposed of in such way and manner as he or they may think proper, and if the same shall be sold, the proceeds of such sale shall be applied by the said Supervisor or Supervisors, for the repairs and improvement of such Roads.

Supervisors may, if necessary, go out of the roads to procure materials for repairs.

Damage to be appraised and paid.

XI. And be it further enacted, That in case it shall be necessary or expedient for the Supervisors of their respective districts, to go out of the said Roads to procure materials for the repairs of the said Roads, it shall and may be lawful for the said Supervisors respectively, when, from the absence or obstinacy of the owner or possessor of the soil, no agreement can be made with him, to enter with workmen, carts, carriages, and teams, upon any uncultivated lands, and therefrom to dig, take, and carry away, for the repairs of said Roads, stone or gravel, and also therefrom to cut down and carry away trees and bushes, for logs, poles, and brushwork, to repair the same Roads; and the damage done thereby shall be appraised and ascertained by the judgment of three indifferent Freeholders, to be nominated by the nearest Justice of the Peace for that purpose, and the sum so ascertained shall be paid or tendered by the Supervisors respectively, to the owner or possessor of the soil, if demanded, within three months after such appraisement.

Persons altering, stopping up, or encroaching on roads, to forfeit £2.
Recoverable before a Justice.

For want of goods offender to be imprisoned.

XII. And be it further enacted, That if any person or persons do, or shall hereafter alter, stop up, or encroach upon any of the Great Roads of Communication through the Province, in any way whatever, such persons so offending contrary to the meaning of this Act, shall for every offence forfeit the sum of two pounds, to be recovered with costs of suit before any one of His Majesty's Justices of the Peace for the County where such offence shall be committed, upon the oath of one or more credible witness or witnesses, and levied by warrant of distress and sale of the offender's goods and chattels, rendering the overplus, if any, to such offender; and for want of sufficient goods and chattels, the said Justice is hereby required to commit such offender to the common Gaol of the County wherein such offence shall be committed, there to remain for a term not exceeding eight days, which penalty when recovered shall be paid to the Supervisor, for the use of the Great Road within the district.

Persons hindering supervisors in the discharge of their duty to forfeit £5.
Recovery and application.

XIII. And be it further enacted, That if any person or persons shall wilfully hinder or interrupt any Supervisor in the lawful exercise of the duties incident to his office, such person or persons so offending shall forfeit the sum of five pounds, to be recovered before any Justice of the Peace for the County where such offence may be committed, upon conviction upon the oath of one or more credible witness or witnesses, to be levied by warrant of distress and sale of the offender's goods and chattels, to be paid to the Supervisor of the disrict where such offence shall be committed, for the use of the Public Roads within such district.

Supervisors may, in actions brought against them, plead the general issue, and give special matter in evidence.

XIV. And be it further enacted, That in case any action of trespass, or upon the case, shall be brought against any or either of the said Supervisors, by occasion of any thing done by them or him in the execution of his or their duty, under and by virtue of this Act, such Supervisor or Supervisors may plead the general isue, and give the special matter in evidence at the trial, in like manner as if such matter had been fully and specially pleaded.

In case of death, removal, or refusal to act, Commander in Chief to appoint other Supervisors.

XV. And be it further enacted, That in case of the death, removal from the district, or refusal of any of the Supervisors to act, it shall and may be lawful for the Lieutenant Governor or Commander in Chief for the time being, by and with the advice of His Majesty's Council, to nominate and appoint some other fit person, being a substantial Freeholder, and having a freehold and residence in the district for which such person shall be appointed, to be Supervisor in the room of such person so deceased or removed from the district, or who shall refuse to act.

Roads through improved lands not to be altered without consent of the owner, or paying the value of the land and damages.

Value to be ascertained by appraisement.

XVI. And be it further enacted, That the said Supervisors for the respective districts, shall not make any alteration in any part of the Great Roads within their respective districts, through any improved lands, without the consent of the owner or owners thereof, or agreeing with or paying to him or them the value of the said improved land so to be laid out into such Public Road, with such damages as he or they may sustain by the said Road; and in case they cannot agree, then the true value to be set and appraised by five disinterested Freeholders, to be nominated and appointed by the nearest Justice of the Peace, on the oath of such Freeholders, which oath the said Justice is hereby authorised to administer; the amount of the value and damages, with the incidental expenses, to be defrayed by the Supervisors of the respective districts, out of the monies to be granted for the use of the said Roads.

Supervisors to make returns in writing, of Highways, and of alterations therein, to the Secretary's Office, and to the Clerk of the Peace.

XVII. And be it further enacted, That the Supervisors of the respective districts for which they shall be appointed, shall enter in writing the said Public Highways, and the alterations that may be made from time to time within the same, and make a return thereof into the office of the Secretary of the Province, and also a duplicate into the office of the Clerk of the Peace for the County in which such Public Road lies, to be by such Clerk entered into a Book kept by him for that purpose, and whatsoever the said Supervisors shall respectively do according to the power to them given in this Act, shall be valid and good.

________________

C. 31. Anno III. Geo. IV. A. D. 1822.

________________
1. Repealed in part by the operation of 6 G. 4, C. 20, and in the whole by the operation of 2 W. 4, C. 7.

[See also, 5 G. 4, C. 25.]

Index

Preamble.		WHEREAS it is expedient that the several Acts now in force relating to the Great Roads of Communication through the Province, should be repealed, and a more effectual system established for the regulation and improvement of the said Roads;
56 G. 3, C. 22, 57 G. 3, C. 10, 58 G. 3, C. 21, and 60 G. 3, C. 24, repealed		I. Be it enacted by the Lieutenant Governor, Council, and Assembly, That an Act made and passed in the fifty-sixth year of the Reign of his late Majesty King George the Third, intituled "An Act for the establishment, regulation and improvement of the Great Roads of Communication through the Province," also an Act made and passed in the fifty-seventh year of the same Reign, intituled "An Act in addition to and in amendment of an Act, intituled "An Act for the establishment, regulation and improvement of the Great Roads of Communication throughout the Province," also an Act made and passed in the fifty-eighth year of the same Reign, intituled "An Act in addition to and in amendment of an Act, fo the establishment, regulation, and improvement of the Great Roads of Communication throughout the Province, and an Act in addition to and in amdendment thereof," also an Act made and passed in the sixtieth year of the same Reign, intituled "An Act further to alter and amend an Act, intituled "An Act for the establishment, regulation and improvement of the Great Roads of Comunication through the Province, be, and the said several Acts are hereby repealed.
Great Roads of communication established. Fredericton to Westmorland.		II. And be it further enacted by the Lieutenant Governor, Council and Assembly, That the Roads as herein described, be, and they are hereby appointed and established to be the Great Roads of Communication through the Province, that is to say: That the Road leading from Fredericton to Westmorland, be by the following line or route: From the Market House in Fredericton, to continue down on the West side of the River, until it comes opposite to Zachariah Bailey's, there to cross the River, and thence to join the Maugerville Road, thence following the present Road through Maugerville, Sheffield, and Waterborough, to the Jemseg, thence across the Ferry to Oakley's, thence following the Road now laid out to Washademoac Lake, thence to the head of Belleisle, thence to the Finger Board at Knox's Farm, thence through Sussex Vale, thence by Carlisle's Portage to James Blakeney's, upon the Petticodiac River, thence down the said River to the Bend, thence through the Portage between Petticodiac and Memramcook Rivers, thence across the Memramcook River by the new Bridge to the Court House in Dorchester, thence through the Portage to Sackville, thence by the Road leading over the Great Marsh to the Misseguash River, to the boundary line of the Province, to join the Post Road of Nova Scotia.
Saint John to the head of Belleisle.		That the Road from Saint John to the head of the Belleisle, be by the following line or route, that is to say: From the Fork of the Road on the Great Marsh near Saint John, through the Moose path Road by Charles Clarke's and the Honorable William Black's Farm, to the Gondola Point Road, thence by the same Road to Gondola Point, thence crossing the River Kennebeckacis to Georg Burgess' Farm, thence following the Road lately laid out to the eastward of Bates' Mill Pond, and through the Middle Land Settlement by way of Lewis Pickett's, to the Guthrie Road so called, thence by the Road last mentioned to the head of Belleisle Bay, meeting the Great Road from Fredericton to Westmorland there.
Fredericton to Saint Andrews.		That the Road leading from Fredericton to Saint Andrews, be by the following line or route:¹
Fredericton to the Canada line.		That the Road leading from Fredericton to the Canada line, be by the following line or route, that is to say: From the Market House in Fredericton, on the west side of the River Saint John, to Tousand Godine's thence to cross the River Saint John, and to join the Road at John M'Kean's on the upper side of the Mactequack River, from thence to join the Road lately opened leading to Pennington's Bridge, on the Great Road leading to Joseph Woolverton's, in the Parish of Northampton, thence across the River Saint John to Mr. Fraser's lower Farm, in Woodstock, thence to the Garrison at Presqu' Isle, thence across the larger Presqu' Isle Creek, near its mouth, thence to the Grand Falls, and from thence to the Canada line, through the Madawaska Settlement.
Fredericton to the River Restigouche.		That the Road leading from Fredericton to Restigouche, in Northumberland, be by the following line or route, that is to say: From Fredericton across the Ferry to Moncton, thence following the present Road to Porter's, thence along the south eastern side of the South West Branch of Miramichi River, to Robert Doak's Farm, thence crossing to the north western side of the said branch, thence along the same to Beobear's Point, thence across the North West Branch of Miramichi River, to Patrick Taylor's, on the northern side thereof, thence to continue on the northern side of the said Branch and River, to the Court House in Newcastle, thence to the River Nipisigwit, thence along the Settlements on the coast of Chaleur Bay to the River Restigouche.
Saint John to Saint Andrews.		That the Road leading from Saint John to Saint Andrews, be by the followining line or route, that is to say: From Carleton to Carman's Farm Lot, at Musquash, from thence to Little's Tavern, from thence to the Farm Lot now occupied by John D. Woodbury, from thence to the Magaguadavic Bridge, at Stuart Steele's, from thence to the Wellington Bridge across the Digdeguash River, from thence to Chamcook, by way of John Haycock's, from thence to Saint Andrews, by Joseph Walton's.
Saint John to Westmorland.		That the Road leading from the City of Saint John to Westmorland, be by the following line or route, that is to say: From Saint John to Hampton Ferry, thence by the Road leading through Hampton, to the Burnt Hill, thence by the new Road to Knox's Farm, and thence to the Misseguash, as hereinbefore described.
Bend of Petticodiac to Chediac.		That the Road leading from the Bend of the Petticodiac River, in the County of Westmorland, to Chediac, be by the following line or route, that is to say: From the Bend of the Petticodiac River, by the present road, to Chediac.
Dorchester to Chatham.		That the Road from Dorhcester to Chatham Village, in the County of Northumberland, be by the following line or route, that is to say: From Amasa Wheldon's house, near the new Memramcook Bridge, by the present route over the old Bridge to Chediac, from thence by the present route to Buctouche, thence to cross the River at Elijah Ayer's, thence to Mill Creek, by the most practicable route, thence to Nichol's River, thence to the River Richibucto, thence crossing the Rivers Kouchibouguack and Kouchibouguaksis, to Bay du Vin River, thence through the upper Settlements on Black and Napan Rivers, to Chatham Village, on the River Miramichi.
Width of Roads.		III. And be it further enacted, That all the before mentioned Public Roads shall be laid out four rods wide, and be opened and worked of such width as the Supervisors in their respective districts shall deem necessary.
Supervisors to be appointed. Repealed by 6 G. 4, C. 20, S. 6.		IV. And be it further enacted, That the Lieutenant Governor and Commander in Chief for the time being, by and with the advice of His Majesty's Council, is hereby authorised and empowered to appoint, by warrant under his hand and seal, fit and discreet persons to be Supervisors of such parts of the Great Roads throughout the Province, as hereafter is mentioned, that is to say: One fit and discreet person to be Supervisor of the Great Road from Fredericton to the Finger Board, at Knox's Farm, and also of the Great Road from the Fork of the Road on the Marsh near the City of Saint John, by way of Gondola Point, to the head of Belleisle: one other fit and discreet person to be Supervisor of the Great Road from Fredericton to Saint Andrews: one other fit and discreet person to be Supervisor of the Great Road from Fredericton to the Canada Line: one other fit and discreet person to be Supervisor of the Great Road from Fredericton to the River Ristigouche; one other fit and discreet person to be Supervisor of the Great Road from Saint John to Saint Andrews; one other fit and discreet person to be Supervisor of the Great Road from Saint John to the Province line, to join the Post Road of Nova Scotia, and also of the Great Road from the Bend of the River Petticodiac to Chediac, and also of the Great Road from Dorchester to Chediac; one other fit and discreet person to be Supervisor of the Great Road from Chediac to Chatham Village, in the County of Northumberland.
Supervisors to give security.		V. And be it further enacted, That every Supervisor appointed by this Act, shall give such security for the faithful performance of the duties required of him, and for accounting for the public monies intrusted to him, as His Excellency the Lieutenant Governor or Commander in Chief for the time being, by and with the advice of His Majesty's Council, shall deem fit and proper.
Supervisors to have the sole ordering of repairs and alterations. Not to prevent the Commissioners of Highways from the exercise of their powers.		VI. And be it further enacted, That the Supervisors appointed under and by virtue of this Act, shall have the sole ordering of the repairs and alterations which may be necessary for the completing the said Roads within their respective limits or districts, and keeping them at all times, during their continuance in office, in the best practicable state for the passage of men, horses, cattle, teams, and carriages. Provided always, that nothing in this Act shall deprive the several Commissioners of Highways, in the several and respective Parishes, of the power of directing the application of the Statute Labour of the Inhabitants, pursuant to the provisions of the Act "for regulating, laying out and repairing Highways and Roads, and for appointing Commissioners and Surveyors of Highways within the several Towns and Parishes in this Province," of the said Parishes, either upon the Great or other Roads within the same, as to the said Commissioners may appear most conducive to the public good.
Allowance to the Supervisors 10 per cent. No Supervisor to receive more than £100 per annum.		VII. And be it further enacted, That each of the said Supervisors shall be allowed to retain for his services at and after the rate of ten per cent. for every hundred pounds that shall be expended by him, out of the monies granted for the use of said Roads. Provided, that no Supervisor shall receive a larger sum than one hundred pounds in any one year.
Supervisors to account for monies, and produce receipts.		VIII. And be it further enacted, That the said Supervisors shall respectively keep an exact account of the expenditure of all sums of money received by them respectively for the Great Roads, and shall produce receipts in writing from the several and respective persons to whom any part of the said sums of money shall be paid, as vouchers for the payment, and shall render an account thereof under oath, which oath any Justice of the Peace in the several and respective Counties, is hereby authorised to administer, to be transmitted to the office of the Secretary of the Province, for the inspection and examination of the General Assembly.
Work to be done by contract when practicable.		IX. And be it further enacted, That it shall be the duty of the said Supervisors, when practicable, to prefer contracts for the making and repairing the Roads and Bridges within their respective districts, and to avoid as much as possible the hiring men by days works; the amount of the contracts and the wages of labourers hired by the day to be paid in cash.
Supervisors may, after notice, seize and sispose of fences, timber, and other things found on the roads. Proceeds of articles sold, to be aplied for the roads.		X. And be it further enacted, That all fences, timber, wood, stones, boards, plank, and rubbish of any kind, which shall be found to remain upon any part of the said Public Road after six days previous public notice by the respective Supervisors to remove the same, shall be forfeited; and it shall and may be lawful for the said Supervisors respectively, or any of them, without any suit or process of law whatever, to cause all articles so found to be seized and disposed of in such way and manner as he or they may think proper, and if the same shall be sold, the proceeds of such sale shall be applied by the said Supervisor or Supervisors, for the repairs and improvement of such Roads.
Supervisors may, if necessary, go out of the roads to procure materials for repairs. Damage to be appraised and paid.		XI. And be it further enacted, That in case it shall be necessary or expedient for the Supervisors of their respective districts, to go out of the said Roads to procure materials for the repairs of the said Roads, it shall and may be lawful for the said Supervisors respectively, when, from the absence or obstinacy of the owner or possessor of the soil, no agreement can be made with him, to enter with workmen, carts, carriages, and teams, upon any uncultivated lands, and therefrom to dig, take, and carry away, for the repairs of said Roads, stone or gravel, and also therefrom to cut down and carry away trees and bushes, for logs, poles, and brushwork, to repair the same Roads; and the damage done thereby shall be appraised and ascertained by the judgment of three indifferent Freeholders, to be nominated by the nearest Justice of the Peace for that purpose, and the sum so ascertained shall be paid or tendered by the Supervisors respectively, to the owner or possessor of the soil, if demanded, within three months after such appraisement.
Persons altering, stopping up, or encroaching on roads, to forfeit £2. Recoverable before a Justice. For want of goods offender to be imprisoned.		XII. And be it further enacted, That if any person or persons do, or shall hereafter alter, stop up, or encroach upon any of the Great Roads of Communication through the Province, in any way whatever, such persons so offending contrary to the meaning of this Act, shall for every offence forfeit the sum of two pounds, to be recovered with costs of suit before any one of His Majesty's Justices of the Peace for the County where such offence shall be committed, upon the oath of one or more credible witness or witnesses, and levied by warrant of distress and sale of the offender's goods and chattels, rendering the overplus, if any, to such offender; and for want of sufficient goods and chattels, the said Justice is hereby required to commit such offender to the common Gaol of the County wherein such offence shall be committed, there to remain for a term not exceeding eight days, which penalty when recovered shall be paid to the Supervisor, for the use of the Great Road within the district.
Persons hindering supervisors in the discharge of their duty to forfeit £5. Recovery and application.		XIII. And be it further enacted, That if any person or persons shall wilfully hinder or interrupt any Supervisor in the lawful exercise of the duties incident to his office, such person or persons so offending shall forfeit the sum of five pounds, to be recovered before any Justice of the Peace for the County where such offence may be committed, upon conviction upon the oath of one or more credible witness or witnesses, to be levied by warrant of distress and sale of the offender's goods and chattels, to be paid to the Supervisor of the disrict where such offence shall be committed, for the use of the Public Roads within such district.
Supervisors may, in actions brought against them, plead the general issue, and give special matter in evidence.		XIV. And be it further enacted, That in case any action of trespass, or upon the case, shall be brought against any or either of the said Supervisors, by occasion of any thing done by them or him in the execution of his or their duty, under and by virtue of this Act, such Supervisor or Supervisors may plead the general isue, and give the special matter in evidence at the trial, in like manner as if such matter had been fully and specially pleaded.
In case of death, removal, or refusal to act, Commander in Chief to appoint other Supervisors.		XV. And be it further enacted, That in case of the death, removal from the district, or refusal of any of the Supervisors to act, it shall and may be lawful for the Lieutenant Governor or Commander in Chief for the time being, by and with the advice of His Majesty's Council, to nominate and appoint some other fit person, being a substantial Freeholder, and having a freehold and residence in the district for which such person shall be appointed, to be Supervisor in the room of such person so deceased or removed from the district, or who shall refuse to act.
Roads through improved lands not to be altered without consent of the owner, or paying the value of the land and damages. Value to be ascertained by appraisement.		XVI. And be it further enacted, That the said Supervisors for the respective districts, shall not make any alteration in any part of the Great Roads within their respective districts, through any improved lands, without the consent of the owner or owners thereof, or agreeing with or paying to him or them the value of the said improved land so to be laid out into such Public Road, with such damages as he or they may sustain by the said Road; and in case they cannot agree, then the true value to be set and appraised by five disinterested Freeholders, to be nominated and appointed by the nearest Justice of the Peace, on the oath of such Freeholders, which oath the said Justice is hereby authorised to administer; the amount of the value and damages, with the incidental expenses, to be defrayed by the Supervisors of the respective districts, out of the monies to be granted for the use of the said Roads.
Supervisors to make returns in writing, of Highways, and of alterations therein, to the Secretary's Office, and to the Clerk of the Peace.		XVII. And be it further enacted, That the Supervisors of the respective districts for which they shall be appointed, shall enter in writing the said Public Highways, and the alterations that may be made from time to time within the same, and make a return thereof into the office of the Secretary of the Province, and also a duplicate into the office of the Clerk of the Peace for the County in which such Public Road lies, to be by such Clerk entered into a Book kept by him for that purpose, and whatsoever the said Supervisors shall respectively do according to the power to them given in this Act, shall be valid and good.