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the Supervisors, with the Commissioners of Highways of the Parish in which the road is situate, shall direct that the said old road between the said points shall be stopped up and enclosed by the proprietor or proprietors of the land between such points, after which the said old road shall cease to be a public highway; such old road shall not be closed up until the new road is in good condition for the use of the public.

15. If any person shall alter, stop up, or encroach upon any of the Great Roads, he shall for each such act forfeit the sum of eight dollars; which, when recovered, shall be paid to the Supervisor for the use of the Great Road within the district.

16. If any person shall wilfully hinder or interrupt any Supervisor in the lawful exercise of the duties incident to his office, he shall forfeit the sum of twenty dollars; when recovered, to be paid to the Supervisor of the district where such act shall be committed, for the use of the public roads within such district.

17. If any person shall ride or drive any horse or cattle at a pace faster than a walk over or upon any span exceeding forty feet of any bridge upon any highway, whether a great road or bye road, he shall be liable to a penalty of not less than two dollars nor more than four dollars for each and every such act.

18. If any person shall haul any timber, masts, spars, logs, or other lumber, upon, across or over any Suspension Bridge, without having both ends of such timber, masts, spars, logs or other lumber, raised upon or supported by a sled, cart, waggon, or other carriage, such person shall be liable to a penalty not less than twenty dollars and not exceeding forty dollars for each and every such act.

19. If any person shall wilfully deface, cut, break or otherwise injure any bridge or railing on any highway in this Province, whether on a Great Road or any other highway, or any pier or abutment, cable or support connected therewith, such person shall be liable to a penalty of not less than five dollars nor more than forty dollars for every such act.

20. The Suspension Bridge near the mouth of the River Saint John, shall be free and open for the use of the public in the same manner as other public bridges in the Province, subject, however, to such rules and regulations as the Gov

ernor in Council may from time to time prescribe for the user thereof, or the prevention of injury by prohibition of such traffic thereon as the Governor in Council may determine to be injurious, and with penalties and forfeitures for the non-observance thereof; such rules and regulations, when published in the Royal Gazette, to have the force of law.

21. If any person or persons shall ride or drive any horse. horned cattle or other large animal at a pace faster than a walk over or upon the bridge mentioned in the last preceding Section, such person or persons shall for each and every such act forfeit and pay a sum of not more than twenty dollars and not less than eight dollars, to be recovered by the person or persons in charge of the said Bridge, before the Police Magistrate of the Town of Portland, under the Chapter relating to Summary Convictions, and such penalty when recovered shall be paid to the Receiver General for the use of the Province.

22. It shall and may be lawful for the person or persons so in charge of the said last mentioned bridge, or any of them, to stop and prevent the passage of any person or persons who shall ride or drive any horse, horned cattle or other large animal at a pace faster than a walk; or it shall and may be lawful to and for the said person or persons so in charge of the said bridge to seize and detain the goods and chattels of such person or persons, or such horse, beast, cattle or other large animal; and in case the penalty imposed by the last preceding Section shall not be fully paid and satisfied, together with all reasonable costs and the charges of making, detaining and keeping such distress, within the space of five days, the said person or persons in charge of the said bridge, or any of them, may sell the same, rendering the overplus, if any, after deducting such costs and the charges of making, detaining, and selling such distress, to the owner or owners thereof.

23. Provided that if such person or persons who may be so stopped, or whose goods and chattels, horse, beast or other large animal may be so seized and detained, shall deposit with such person or persons so in charge of the said bridge, the sum of twenty dollars as security or pledge for his appearance to answer the complaint or charge of such person or persons so in charge of such bridge, such person or per

sons so in charge of such bridge shall on such deposit being made permit and allow the person so detained to pass over the said bridge, and shall release the goods and chattels horse, beast or other large animal so seized and detained, and shall forth with, within a reasonable time, prosecute the said complaint as provided by this Chapter, and upon conviction it shall be lawful for the Police Magistrate to order and direct that the penalty by him adjudged, with all costs of suit, shall be deducted and retained by such person or persons so in charge of the said bridge from the said deposit, as far as the same may extend, and the overplus (if any) shall be returned to the person so making such deposit.

24. If any action shall be brought against any Supervisor for any thing done by him in the execution of his office, he may plead the general issue, and give the special matter in evidence.

25. No action shall be brought against any Supervisor for any official act until after one month's notice, and every action against him shall be confined to the matter stated therein; and he may at any time before action brought tender amends, and if not accepted he may pay such money into Court, and if the plaintiff shall not recover greater damages than the amount tendered, the defendant shall recover his costs of suit.

26. Each Supervisor shall enter in writing the alterations that may be made in any of the Great Roads under his superintendence, and make a return thereof to the Chief Commissioner of the Board of Works, and also a duplicate to the County Secretary where the public road lies, to be by him. entered in a book for that purpose.

27. Each Supervisor shall be allowed for his services at such rate as the Governor in Council may prescribe, out of the moneys granted for the use of the Roads.

28. Nothing in this Chapter shall authorize the Supervisor on any Great Road to alter or widen the same beyond the width originally laid out, without first submitting such proposed alteration, with a plan thereof, and an estimate of the cost, to the Governor in Council for approval, if such estimate shall exceed the sum of two hundred dollars.

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1 Division of Parishes into districts, 31 Surveyors may accept payment in appointment of Commissioners,

&c.

2 Laying out of roads and assess ment of damages.

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lieu of labour, &c.

Surveyor to give six days' notice to each person liable, and may require waggons, &c. to be furnished.

Every person to give Commission er all required information, &c. Neglect to appear and labour,penalty for.

3 Damages to be paid before open. ing of road.

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4 Treasurer to keep an account of all money received for damages. 5 When Commissioners may lay out roads.

34

35

6 Alteration of roads; assessment of damages.

& 36 Returns to be made by Sur veyor, what to contain.

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7 Private roads, how laid out.

supply waggons, &c. when re

8 Public roads, width of.

quired.

9 Roads on which public money has 38 Inhabitants may be summoned to

been expended, to be public
roads.

10 Closing of old roads, when and how done.

11 Commissioners to mark out roads laid out.

12 Penalty for obstructing road. 13 Penalty for selling Liquor on Highway.

14 Obstructions may be removed. 15 Appointment of Special Constables.

16 Obstructing ditches, penalty for; how recovered.

17 Jury of Inquiry, how summoned; costs.

18 Damages, how assessed.

19 How collected.

20 Maintenance and repair of roads, who liable for.

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40

do necessary work. Penalty for disobedience.

Inhabitants may be summoned to make winter roads.

Roads on the ice; how marked. 41 Destroying bushes, penalty for. 42 Persons liable may be summoned to break roads; penalty for noncompliance.

43 Powers of Commissioners and Surveyors to extend to certain parts of Great Roads.

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Returns of Commissioners, when and how made.

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21 Justices may remit labour of certain persons.

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22 No person above sixty liable to perform Statute labour.

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23 Such person to make oath as to age, &c.

24 Property of such person not exempt.

25 Property of females, &c., liability of.

26 Assessment in such cases, how

made.

Form of return of Commissioners. & 52 Appeal from assessment, how made.

53 Commissioner's or Surveyor's ne glect of duty; penalty for.

54 Commissioner not accounting for moneys received by him may be imprisoned.

55

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Surveyor may be proceeded against in like manner. Payment of fees.

Prosecutions and proceedings against delinquents. Parties may be held to bail. Limitation of actions. 60 Costs.

28 Commissioners may divide Parish 58 into sub districts, assign Survey. 59 ors, &c.

29 When Parish already divided; Commissioner of District to appoint Surveyors, &c.

30 What Surveyors may be appointed.

61 Justice to make return of fines, &c. imposed and recovered. 62 Proceedings against delinqent Justices.

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1. The County Council is authorized, if it shall see fit, to divide each Parish into three Districts, and to assign one of the Commissioners and a sufficient number of Surveyors to each District; the Commissioners and Surveyors to enforce and superintend the performance of the statute labour for such District only, and to make due return thereof.

2. When application shall be made to the Commissioners in writing, by three or more freeholders, to lay out, widen, alter or extend any public highway over any lands, and if the owner or owners of such lands shall not consent thereto, such Commissioners shall apply to a Justice of the Peace for a Warrant, who is hereby required to grant the same, directed to the Sheriff, Deputy Sheriff, or any Constable within the County, commanding the same to summon five disinterested freeholders of the County, not resident in the Parish where the proposed road is situate, at a certain time and place to be named in such warrant, to examine the proposed road, alteration, widening or extension so applied for; and the said Commissioners or any two of them shall attend at the time and place specified in the warrant; if the said Jury, who are to be sworn by any Justice of the Peace, find that such road, alteration, widening or extension is necessary, the said Commissioners, or any two of them, if they approve of such finding, shall lay out the same immediately, after which the Jury shall be duly sworn to assess the damages, and shall forth with proceed to assess the same; and the said Jury, in their assessment of damages, shall take into consideration the benefit, if any, to the owner of such lands by the laying out such roads; provided that in the Parish of Grand Manan the jury may be composed of five freeholders resident in the Parish, but not resident within three miles from the proposed road, and being otherwise disinterested.

3. No such road shall be open for public use until the

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