ROADS.

2201

aforesaid, or if attending, shall not perform his reasonable la-
bour, and of every master, mistress or overseer of servants and
slaves, who shall incur the penalty aforesaid ; and the said
overseers of roads shall, once in every six months, call upon
each and every of the said persons liable to a fine or fines, and
demand the payment of all and singular the sums of money by
them so forfeited, and on refusal or neglect to pay the same,
the said overseers shall proceed to recover the same before a
single magistrate, by due course of law ; and the said overseers
shall annually render their respective accounts of all fines and
forfeitures received by them respectively in virtue of this act
to the justices of the levy court, upon oath, or affirmation, and
pay the amount thereof in such manner as the said justices
shall order and appoint.

SEC. 14. And be it enacted, That if any of the overseers so to
be appointed shall refuse to act, remove, become disqualified,
or die, it shall and may be lawful for any two of the neighbour-
ing justices of the peace to supply every vacancy so happening,
by the appointment of another person, and they shall certify
every such appointment, under their hands, to the clerk of
the county, who shall record the same, and within ten days
thereafter shall issue a warrant to the person so appointed, and
deliver the same to the sheriff, to be served upon the party as
herein before directed.

How vacan-
cies are to
be filled.

SEC. 15. And be it enacted, That every overseer so to be
appointed by virtue of this act shall respectively be allowed a
sum, not exceeding ten dollars by the year, for the perfor-
mance of the several duties required of them by this act, which
allowance shall be paid to them by the justices of the levy
court out of the fines and forfeitures imposed and levied by this
act, and if found to be insufficient for this purpose at the expi-
ration of every year, the deficiency shall be assessed anrl levied
upon the county in the same manner as other public charges.

Overscers'
allowance.

SEC. 16. 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, oath 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 the neglect of duty of the
overseer within whose limits the same shall be, except in time
of wheat harvest, shall be authorized to issue his warrant, in
the name of the state, against such overseer, directed to the
constable of the hundred, and returnable before himself, or
some other justice of the peace, who shall proceed to give judg-
ment according to the merits of the case, and if judgment shall be
rendered against him for the fine or forfeiture imposed by this
act, and if he shall not pay the same, the said justice of the
peace may thereupon issue process of execution for' the re-
276

Justice may
issue his
warrant in
certain
cases, &c.