ROADS.

2011

the said public roads, whereby any cart or other carriage max
be obstructed, for two days together, he having notice thereof
or shall neglect to fall all dead trees on cither side of the said
public roads, whose limbs hangover, and may, by their falling
injure travellers, or lop or cut off all limbs or branches of trees
hanging or projecting over the road within fifteen feet above the
surface thereof, or shall suffer any of the bridges or causeways
be out of good repair, or otherwise fail to perform the duties of
a supervisor, bo shall forfeit and pay a sum not exceeding
twelve dollars for every offence, to be recovered and applied af
aforesaid.

SEC. 11. And be it enacted, That any of the justices of the
peace of the said county, who upon his own view, or on the
information, onth or affirmation, of one or more credible wit-
nesses, shall discover or be satisfied that any bridge, road or
causeway, is out of repair from neglect of duty of the supervi-
sor within whose limits the same shall be, except in time of
wheat harvest, shall be authorized to issue his warrant, in the
name of tlic state, against such supervisor, directed to the con-
stable of the hundred, and returnable before himself, or some
other justice of the peace for said county, who shall proceed to
give judgment according to the merits of the case; and if judg-
ment be rendered against him for any fine or forfeiture not ex-
ceeding twelve dollars, and if he shall not pay the same, the
snid justice of the peace may thereupon issue process of execu-
tion for the recovery thereof, and the same shall be accounted
for and paid to the order of the levy court of said county, and

In certain
cases jus-
ticei may
issue war-
rant.

applied as aforesaid ; Provided nevertheless, that nothing herein
contained shall prevent any of the said supervisors, offending
against the provisions of this act, from being presented by the
grand jury for any neglect of duty, not before punished by any
one of the justices of the peace as aforesaid.

Proviso.

SEC. 12. And be it enacted, That the justices of the peace
respectively shall be authorized and empowered to receive
any fine or fines for which they may respectively render
judgment against any supervisor of the road in said county,
and shall account with, and pay over to the levy court annu-
ally, all moneys which they may have respectively received
in virtue of this act, under the penalty of paying treble the
amount thereof in case of failure or neglect, to he recovered
in the county court in an action for money had ami received,
in the name of the justices of the levy court of snid county, to
be applied ns other fines are heretofore directed by this act.

Justices to
receive and
account for
fines.

SEC. 13. And be it enacted, That no supervisor shall be .
answerable for the fine or fines imposed, where it can be made
appear that the neglect of such supervisor happened after the
sum appropriated to the road or roads of which he is super-

Supervisors
not an-
swerable in
certain
cases.