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CHAP. LXXIV.

From Rev. Bills of 1779,

An act for licensing and regulating ch. XLV.

taverns.

before

tavern without license.

1. BE it enacted by the General Assembly, That it None to keep shall not be lawful for any one to keep a tavern, they shall have obtained a license for that purpose, from the court authorized to grant the same; and if any one, without such license, open a tavern, or sell by retail, Penalty. wine, beer, cyder, or rum, brandy, or other spirituous liquor, or a mixture thereof, to be drank in or at the place where it shall be sold, or in any booth, arbour or stall, such offence shall be deemed a breach of the good behaviour, and he or she so offending, shall moreover forfeit and pay the sum of ten pounds current money,

to be applied towards lessening the county levy: Which How license license shall be granted only to such as the court shall obtained. think able to provide for the accommodation of travellers, and in such places as are most convenient for them; and shall be in force one year, and from the end thereof until the next session. If guests or others play Gaming at taat any game, contrary to law, in a tavern, and the verns. keeper thereof shall not endeavour to hinder them, and if they persist, to give information of the offence, within one month thereafter, to the court, or two justices of the peace, his license shall be revoked by the court, unless, being summoned to shew cause to the contrary, he appear, and prove such facts as induce them to believe, not only he did not know of, but moreover that he had no reason to suspect such playing. The prices to be paid for diet, liquors, lodging, provender, stableage, and pasture, at taverns, shall be rated once a year by the court, of which rates a copy, within one month af terwards, as they shall be set, or from time to time altered, attested by the clerk of the court, shall be set up by every keeper of a tavern, exposed in some public room thereof, not more than six feet above the floor, and so long as he neglect this, after the month, he shall have no right to demand any price for a rated article. Neither shall the keeper of a tavern recover more than Limitation of twenty-five shillings for liquor sold, within the space of recovery for a year, to one person, residing less than twenty miles liquor sold. from such tavern, and drunk, or sold to be drunk in the

Tavern rates

Commence.

place where it is kept: and a written contract or bond, or other speciality, for payment, delivery, or security, of money, or other thing, for performance of any work or service, whereof the whole or any part shall have become due for liquors so sold, shall be void.

II. This act shall commence and be in force from ment of act. and after the first day of January, one thousand seven hundred and eighty-seven.

From Rev. Bills of 1779, ch. XLVI.

CHAP. LXXV.

An act concerning public roads.

I. BE it enacted by the General Assembly. That County courts authorised to where any person or persons shall make application to open new any county court, to have a new road opened, or a roads, or al- former one altered, within their county, for the conve

ter former

ones.

Proceedings

thereon.

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nience of travelling to their county court-house, to any public warehouse, landing, ferry, mill, lead or iron works, or to the seat of government, they shall appoint three or more fit and able persons, to be sworn before a justice of the peace, to view the ground along which such road is proposed to be conducted, and to report to them truly and impartially the conveniences and inconveniences which will result, as well to individuals as to the public, if such way shall be opened; and where the application is to alter a former road, they shall also view the former road, and report in like manner, the comparative conveniences and inconveniences thereof.

II. Upon the return of the said viewers, if the court shall be of opinion that the road applied for will be convenient, they shall order summonses to be issued to the proprietors and tenants of the lands, through which the same is proposed to be conducted, if they be found within the county, and if not, then to their agents therein, if any they have, to shew cause why such road should not be opened; upon the return of which summons, if any proprietor or tenant so desire, the said court shall order their clerk to issue a writ in the na

ture of a writ ad quod damnum, to be directed to the sheri commanding him to summon and empannel twelve able and discreet freeholders of the vicinage, no ways related to either party, to meet at some certain place on the ground through which the said road is proposed to be conducted, and on a certain day to be named by the court, and inserted in the said writ, of which notice shall be given by the sheriff, to the said proprietors or tenants, or their agents, as before directed, if they were not present in court at the time of the order made; which freeholders, taking nothing (on pain of being discharged from the inquest, and immediately imprisoned by the sheriff) either of meat or drink, from any person whatever, from the time they shall come to the said place until their inquest sealed, shall be charged by the said sheriff impartially, and to the best of their skill and judgment to view the lands through which the said road is proposed to be conducted, and say to what damage it will be of to the several and respective proprietors and tenants, who desired such writ, taking into estimation as well the use of the lands to be laid open for such road, as the additional fencing, which will thereby be rendered necessary; and if the said inquest cannot be compleated in one day, the sheriff shall adjourn the said jurors from day to day, until the same be compleated: Which inquest, sealed by the said jurors, together with the writ, shall be returned to the court, who thereupon, as well as upon other evidence, shall proceed to consider whether, all circumstances weighed, it be better that the said road shall be opened, and if they be of opinion that the same shall be opened, they shall levy on their county, at their next levy to be laid, the damages so found, and the costs of the inquest, and direct them to be paid to those respectively entitled thereto. But if they shall be of opinion that the said road ought not to be opened, the costs of such inquest shall be adjudged against the party applying for the said road. But it shall not be lawful for any court to order a road to be opened through any lot of land in any town, without the consent of the owner and tenant thereof.

To divide

III. The several courts shall also divide all the public roads into precincts, and as often as it shall be ne- roads into cessary, appoint a surveyor over every precinct, whose duty it shall be to superintend the road in his precinct, veyors.

precincts, & appoint sur

Who to work on roads.

and see that the same be cleared and kept in good repair, which surveyor shall continue in office until another shall be appointed by the said court in his stead. IV. All male labouring persons, of the age of sixteen years or more, except such as are masters of two or more male labouring slaves, of the age of sixteen years or more, shall be appointed by the court to work on some public road: For every person so appointed, Penalty for who, when required by the surveyor placed over him, shall, without legal cause or disability, fail to attend, with proper tools for clearing the road, or shall refuse to work when there, or to find some other person equally able, to work in his room, the sum of seven shillings and six pence for every day's offence, shall be paid by himself, if he be a freeman of full age, if an infant, then by his parent, guardian, or master, and if a slave or servant, then by his overseer; if he be under one, or otherwise, by his master.

failure.

Surveyors,

V. The clerk of every county court shall within ten how notified. days after the appointment of any surveyor of a road, deliver a copy of the order to the sheriff of the county, under the penalty of fifteen shillings; and the sheriff, within fifteen days after the receipt of such order, shall deliver the same to the surveyor, under the penalty of fifteen shillings. And each clerk shall moreover, once in every year, fix up in the court-house, a list of the names and precincts of all the surveyors of roads in his county, under the penalty of fifty shillings for every neglect.

Duty of surveyors.

Sign posts.

Bridges and Causeys.

VI. Every surveyor of a road shall cause the same to be constantly kept well cleared and smoothed, and thirty feet wide at the least; and at the fork or crossing of every public road, shall cause to be erected, and kept in repair from time to time, a stone, or otherwise an index on a post or tree, with plain inscriptions thereon, in large letters, directing to the most noted place to which each of the said roads shall lead, and may take stone or wood for that purpose from any adjoning land: and for the expence of setting up and inscribing such stones, posts, or indexes, and keeping them in repair, the surveyor shall be reimbursed by the county court in their next succeeding levy; and where bridges and causeys are necessary, the surveyor shall cause them to be made, twelve feet broad at the least, convenient and safe, and shall keep the same in repair, and for that purpose may cut and take from the lands of any per

ed.

son adjoining, such, and so much timber, earth, or stone, as may be necessary, the same being first viewed Materials for, and valued by two honest house-keepers appointed and how procur sworn for that purpose by a justice of the peace, unless the owner shall freely give such timber, stone, or earth, for that use; but where a road leads through a city or town, the surveyor shall not take any timber, stone, or earth, from any lot within the town, without the permission of the owner, but shall take the same from the lands nigh or adjacent to the said town, where it will do the least injury to the proprietor; and where the assistance of wheel-carriages is necessary for making or repairing any causeys, any justice of peace may issue his warrant, under his hand and seal, for empowering the surveyor to impress such necessary carriages, draught horses; or oxen, with their gear and driver, belonging to any person who, or their servants or slaves, are appointed to work on the road, and appointing two honest house-keepers, who, being sworn, shall value by the day, the use of such carriages, draught horses, oxen and driver, which valution, with a certificate from the surveyor how many days the said things were employed in the work, shall entitle the owner to an allowance for the same in the next county levy. And in the like manner shall the owner of timber, stone, or earth, taken for bridges or causeys, be entitled to the valuation thereof in the next county levy, upon a certificate Penalty on from the two house-keepers who value the same. Every surveyors for surveyor of a road, who fails to do his duty as afore- neglect. said, shall forfeit fifteen shillings for every offence.

VII. Where a bridge or causey shall be necessary, and causeys How bridges and the surveyor, with his assistants, cannot make or are to be maintain the same, the court of the county are empow- built, and reered and required to contract for the building and re- paired, with. pairing such bridge or causey, and to levy the charge thereof in their county levy. And where such bridge or causey shall be necessary from one county to another, the court of each county shall join in the agreement for building and repairing the same; and the charge shall be defrayed by both counties, in proportion to the public tax or assessment paid by each. Upon every such contract or agreement, bond and security shall be given by the undertaker, payable to the governor and his successors, for the use of the county or VOL XII. X

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