Chapter LXIII. *relating to Highways in the County of Washington and District of Columbia.* May 3, 1862. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, That, from and after the passageLevy count may alter, &c. of this act, it shall be lawful for th
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Chap. LXIII.— An Act *relating to Highways in the County of Washington and District of Columbia.* May 3, 1862. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, That, from and after the passageLevy count may alter, &c. of this act, it shall be lawful for the levy court of Washington county, in the District of Columbia, to alter, repair, widen, and regulate the public roads and highways in said county, and to lay out additional roads as hereinafter specified.
Sec. 2. *And be it further enacted*, That all roads within said countyWhat shall be deemed public highways. of Washington which have been used by the public for a period of twenty-five years or more as a highway, and have been recognized by the said levy court as public county roads, and for the repairs of which the said levy court has appropriated and expended money, are declared public highways, whether die same have been recorded or not; and any person who shall obstruct the free use of said highways, or any one of them,Penalty for obstructing. without authority from said levy court, shall be subject to a fine for each and every offence of not less than one hundred or more than two hundred and fifty dollars, to be imprisoned till the said fine and the costs of suit and collection of the same are paid; said fines to be collected in the name ol the United States, for the use of the levy court.
Sec. 3. *And be it further enacted*, That within one year from the passagePublic highways to be surveyed, &c. of this act the levy court shall cause the surveyor of the said county of Washington Io survey and plat all such roads as are named in the last preceding section, and have the same recorded among the records of said1863, ch. 51.*Post*, p. 658. county now used for recording surveys and plats of other public county roads; and, hi making said survey, the county surveyor shall follow, as384THIRTY SEVENTH CONGRESS.
Sess. II. Ch. 63, 66. 1862. nearly as possible, the lines and boundaries heretofore used and known as a highway, and he shall cause the lines and boundaries of the same to be permanently marked and fixed by the erection of stones or posts at the different angles thereof. Sec. 4. Obstruction to public highways to be removed.*And be it further enacted*, That all such roads as are named in the second section of this act as have been obstructed by any person or persons in any manner within the last six years shall be re-opened by the levy court, if, in the judgment of said court, the public convenience requires it; and the expenses thereby incurred shall be paid by the person or persons who shall have obstructed the same, which expenses shall be collected as fines are required to be collected under the second section of this act.
Sec. 5. Width of roads.*And be it further enacted*, That hereafter, in laying out new roads in said county of Washington, the levy court shall cause such roads to be of a width of not less than fifty nor more than one hundred feet, and it. may also cause the width of any of the existing roads in said county to be increased to not more than one hundred feet, and change the location of any of them, as the said levy court may deem best for the public Land may be taken.interest; and, for the purpose of opening or widening such roads, the said levy court is hereby empowered to cause to be condemned any land or lands necessary for the same, as other lands are now condemned by law.
Sec. 6. Materials for making and repairing public roads in certain cases.*And be it further enacted*, That in any case where materials shall be necessary for making or repairing a public road, if the levy court cannot agree with the owner as to their purchase, the said court may proceed in the same manner for condemning said materials as in cases of condemnation of land for the purposes of a public road. Sec. 7. Fields and gardens, when not to be taken for roads.*And be it further enacted*, That no field or garden or yard, in actual cultivation, shall be laid open or used as a public highway until after the usual time of taking off the crops growing thereon.
Sec. 8. Members of levy court need not be taken from the justices of the peace.*And be it further enacted*, That the requirement in the existing laws, that members of the levy court shall be appointed from amongst the justices of the peace in the county of Washington, is hereby repealed. Approved, May 3, 1862.