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any dereliction of duty under thisact, the amount to be
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Penalty.
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recovered not to exceed, in any case, the sum of one
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hundred dollars, according to the aggravation of the
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case, either party having the right of appeal to the
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Circuit Court, as in other cases of small debt's, and
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all sums so recovered shall be applied in aid of the
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road fund of the district where such supervisor acts,
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or he shall be liable to indictment in the Circuit
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Court of said county, and may be fined at the dis-
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cretion of the court, and the fines imposed shall
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likewise be applied to road fund of his said district.
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SEC. 10. And be it enacted, That the several super-
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Have power.
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visors shall have power, with the assent of the county
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commissioners, to contract with the proprietor of
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any land, adjacent to any public road, for keeping
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said road or any designated part thereof in repair for
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the term of one year, and said contractor shall,
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during the time covered by his contract, be liable to
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be proceeded against for any dereliction of duty, in
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respect to repairing said roads in the same manner,
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as is above provided in respect to supervisors, in ad-
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dition to his liability for breach of his contract.
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SEC. 11. And be. it enacted, That if any person shall
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Destroy or in-
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purposely destroy or injure any bridge or culvert, or
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J are.
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destroy or injure any guide-post or guide-board, or
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dig any ditch or drain across any road, and not keep
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such ditch or drain secure and well covered and in
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good repair, for the passage of all vehicles over the
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same to the full width of said road, or if any person
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shall drain any water into or upon any public road,
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each and every such persons, for every, such offence,
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and for each and every day any such ditch or drain
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shall be suffered to remain out of repair and injuri-
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ous to such road, shall be liable to be sued in an
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action of debt before a justice of the peace, in the
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Penalty.
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name of the said commissioners, in which said action
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the amount recoverable shall not be less than five
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nor more than fifty dollars, either party having the
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right of appeal to the Circuit Court as in other cases
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of small debts, and the sums recovered, in any such
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action, to be applied in the same manner as herein-
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before provided.
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