is not able to pay the fine hereinafter provided, it
shall be the duty of the said Commissioners to ex-
empt such person from the performance of the said
labor.

Sec. 4. And be it enacted, That the road super-
visors may make such commutation of labor for
teams and carts or wagons as they may deem
proper.

Commutation.

Sec. 5. And be it enacted, That every person
liable as aforesaid to labor on said road who shall
fail to obey the summons of the road supervisor or
furnish a substitute shall, upon demand made by
said supervisors, pay to said supervisor the sum of
one dollar and fifty cents for each and every day he
shall fail to perform such labor, and the said su-
pervisor shall collect and account under oath to
the County Commissioners for all sums of money
so collected, and shall apply the same under the
directions of the said County Commissioners, to
hiring laborers to work on the public roads, and
shall pay over to his successor, upon the order of
County Commissioners, any surplus that may re-
main in his hands, and the said supervisor shall
make a report once in three months of the money
received and expended to the Commissioners of the
county.

Penalty for
non-compli-
ance.

Sec. 6. And be it enacted, That any person fail-
ing to obey such summons made as aforesaid, and
refusing upon demand made as aforesaid to pay to
said supervisor the said sum of one dollar and fifty
cents shall be guilty of a misdemeanor, and shall
upon complaint made by such supervisor be liable
to be arrested and brought before some Justice of
the Peace of said county, upon a warrant to be by
said Justice issued in the name of the State there-
for, and shall, upon proof of such summons and
failure to obey the same and refusal to pay said
sum of one dollar and fifty cents, be fined to an
amount equal to said sum of one dollar and fifty
cents, and all cost of such proceedings before said
Justice, including the pay for 'the witnesses for
the prosecution, and the said Justice, in order to
enforce the collection of said fine, shall have the
power to issue an execution upon the judgment
therefor and to make it a part of said judgment
and the party against whom any such judgment

Declared
guilty of a mil-
demeanor.