1883 public laws – Ch.234 Sec.15

For the purpose of repairing public roads the various overseers provided for in this act shall, have the authority to enter upon any uncultivated land near to or adjoining his section of road, or any improved or cultivated land when unencumbered by cultivated crops, to cut and carry away timber, except trees or groves left for ornament or shade, to dig or cause to be dug and carried away any gravel, earth, sand or stone which may be necessary to improve or repair said road; and to enter upon any lands adjoining or lying near the road to make such drains or ditches through the same as may be necessary for the benefit of the road, doing as little injury to the land as possible; and any person wilfully obstructing such drains or ditches when made shall forfeit for each offeace the sum of five dollars, to be paid to the overseer and to be recovered by him by action before a justice of the peace, and upon failure to pay said judgment on demand the person offending shall be guilty of a misdemeanor, and on conviction thereof shall be fined not less than ten nor more than twenty dollars, or imprisoned not exceeding twenty days.