350

MONTGOMERY COUNTY. [ART. 15.

no person shall be compelled to labor more than four
miles from his place of residence.

Ibid, s 5.
Exemption.

57. If any person from whom such labor may be due
and required, shall make it satisfactorily appear to the
said road commissioners that he is physically unable to
perform such labor, or is a non-taxpayer, and over fifty
years of age, and is not able to furnish a substitute or
commute for such labor, as provided in the next suc-
ceeding section, it shall be the duty of the said com-
missioners to exempt such persons from the perform-
ance of said labor. It shall be the duty of the road
commissioners to make out a list of such persons as are
hereby required to work on the roads in the several
districts, and proportion the labor to the several sec-
tions, as in their judgment may appear to be just and
proper.

Ibid. s. 6.
Penalty

58. Every person liable as aforesaid to labor on
said roads, who shall fail to obey the summons of the
contractor or supervisor, or furnish an acceptable
substitute, shall, upon demand by said contractor or
supervisor, pay the sum of one dollar and fifty cents
for having failed to perform such labor, and the said
contractor or supervisor shall collect and receipt to
such persons for the same, and apply all sums so col-
lected to the repairs of the road in his contract or sec-
tion by hiring the labor for such purpose, and shall
report under oath to the road commissioners.

Ibid s 7
Levy.

59. The county commissioners shall annually levy
the amount of money necessary for the repairs of roads
as a separate and distinct tax, which shall not exceed
ten cents on the hundred dollars.

Ibid s. 8.
Failing to obey,
&c

60. Any person liable to labor, failing to obey the
summons as aforesaid, or furnish an acceptable substi-
tute, and failing or refusing on demand made as afore-
said to pay to the contractors or supervisor the sum of

Penalty.

one dollar and fifty cents, shall be guilty of a mis-
demeanor, and shall, upon complaint made by such
contractor or supervisor, be liable to be arrested and
brought before some justice of the peace of said county,
upon a warrant to he issued by said justice, in the