224

LAWS OF MARYLAND.

Supervisor
may be sued.

Sec. 7. And be it further enacted, That any
supervisor may be sued before any Justice of the
Peace in an action of debt, in the name of the
said Commissioners for any dereliction of duty un-
der this act, the amount to be recovered not to ex-
ceed in any case the sum of one hundred dollars
according to the aggravation of the case; either
party having the right of appeal to the Circuit
Court as in other cases of small debts; and all
sums so recovered shall be applied in aid of the
road fund of the district where such supervisor

Liable to in-
dictment.

acts; or he shall be liable to indictment in the
Circuit Court of said County, and may be fined at
the discretion of the Court, and the fines imposed
shall likewise be applied to the road fund of his
said district.

Contract,
with proprie-
tors to keep
road in repair.

Sec. 8. The several supervisors shall have power,
with the assent of the County Commissioners, to
contract with the proprietor of any lands adjacent
to any public road, to contract with such proprie-
tor for the keeping said road or any designated part
thereof in repair for the term of one year, and said
contractor shall, during the time covered by his con-
tract, be liable to be proceeded against for any de-
reliction of duty in respect to repairing said roads, in

Penalty for
dereliction.

the same manner as is above provided in respect to
supervisors in addition to his common law liabili-
ty for breach of his contract.

Obstructions.

Sec. 9. If any person shall encroach upon any
public road by fences or other obstructions or shall
purposely destroy or injure any bridge or culvert,
or destroy or injure any guide post or guide
boards, or dig any ditch or drain across any road,

Passage for
vehicles.

and not keep such ditch or drain secure and well
covered and in good repair for the passage of all
vehicles over the same, to the full width of said
road; or if any person shall drain any water into
or upon any public road, each and every such per-
son for every such offence and for each and every
day any such ditch or drain shall be suffered to
remain out of repair and injurious to such road,

Liable to be
Sued.

shall be liable to be sued in an action of debt, be-
fore a Justice of the Peace in the name of said
Commissioners, in which said action the amount
recoverable shall not be less than five nor more
than fifty dollars; either party having the right
of appeal to the Circuit Court, as in other cases of