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33. Every person liable as aforesaid to labor on
said road who shall fail to obey the summons of the
road supervisor or furnish a substitute shall, upon
demand made by said supervisor, pay to said super-
visor the sum of one dollar and fifty cents for each
and every day he shall fail to perform such labor,
and the said supervisor shall collect end account
under oath to the county commissioners for all sums
of money so collected, and shall apply the same under
the directions of the said county commissioners, to
hiring laborers to work on the public roads, and shall
pay over to his successor, upon the order of the
county commissioners, any surplus that may remain,
in his hands, and the said supervisor shall make a
report once in three months of the money received
and expended to the commissioners of the county.
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Ibid s. 5
Penally for
non-compli-
ance.
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34. Any person failing to obey such summons
made as aforesaid, and refusing upon demand made
as aforesaid to pay to said supervisor said sum of one
dollar and fifty cents shall be guilty of a misdemeanor,
and shall upon complaint made by such supervisor be
liable to be arrested and brought before some justice
of the peace of said county, upon a warrant to be by
said justice issued in the name of the state therefor,
and shall, upon proof of such summons and failure
to obey the same and refusal to pay said sum of
one dollar and fifty cents, be fined to an amount
equal to said sum of one dollar and fifty cents,
and all cost of such proceedings before said justice,
including the pay for the witnesses for the prose-
cution, and the said justice, in order to enforce the
collection of said fine, shall hare the power to
issue an execution upon the judgment therefor and
to make it a part of said judgment, and the party
against whom any such judgment is rendered, shall
stand committed to the county jail until such fine
and cost be paid.
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Ibid, s 6.
Declared guilty
of n misde-
meanor.
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