JAS. BLACK GROOME, ESQUIRE, GOVERNOR. 839

of debt in the name of the said commissioners, for
any dereliction of duty under this act, the amount
to be recovered not to exceed 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 acts,	Shall be applied
or he shall be liable for 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.
SEC. 11. And be it enacted, That whenever any per-
son whose duty it shall be, under this law, to repair	Neglect or re- fuse to perform.
and keep in repair any roads, bridge or culvert, shall
neglect or refuse to perform such duty for the space
often days after he shall be notified in writing to
perform the same, by the supervisor or his agent, he
shall be liable to be proceeded against for such dere-
liction of duty, in the same manner as is above pro-
vided for in respect to supervisors, as well as on the
information by the supervisor himself, whose duty it
is hereby made to see that such persons shall repair
and keep in repair roads, culverts and bridges.
SEC. 12. And be it enacted, That if any person shall	Encroaching.
encroach upon any public road by fences or other
obstructions, within fifteen feet from the centre, or
shall purposely destroy or injure any bridge or cul-
vert, or destroy or injure any guide-post or guide-
boards, or dig any ditch or drain across any road, 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 person for every such
offence, and for each any every day any such ditch
or drain shall be suffered to remain out of repair and	Liable to be
injurious to such road, shall be liable to be sued in	sued.
an action of debt, before 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 small debts; and the sums recovered in any such