ART. 15. ] MONTGOMERY COUNTY.

name of the state, and shall upon proof of such sum-
mons, and of failure to obey the same, and of a refusal
to pay the said sum of one dollar and fifty cents, and
of failure to furnish an acceptable substitute, be held
to bail by said justice for his appearance before the
circuit court of said county, at the next term thereafter,
and upon presentment, indictment and conviction in

351

the circuit court for the said county, shall be fined a
sum not exceeding twenty dollars and all costs of the
prosecution, and in default of payment or of security
for said fine and costs, shall be committed to the county
jail until he shall pay or give security for such fines

Fine.

and costs; provided, that after such party shall have
remained in jail for the space of ten days, he may be
discharged from custody by the order of the said court,
and all fines collected under the provisions of this act
shall be paid to the commissioners of said county, to
be by them applied for the purpose of repairing the

Proviso.

public roads in said county; and the judges of the
circuit court for the county to which this act applies
shall give the same in charge to the grand juries of the
said county.

Judge's duty.

61. The county commissioners shall pay to the road
contractors, lessees or supervisors, the full amount due
them, as soon as the road commissioners shall report
that the work for the season has been performed accord-
ing to the terms of their contract and specifications;

Ibid s. 9.
Payment to
contractors

provided, that the said board are satisfied the section or
sections of said road has been kept in good order and
condition up to that period.

Proviso.

62. The county commissioners shall allow such
compensation to each member of the board appointed
under the first section of this act, as they may deem
just and proper, and have power to fill any vacancy
that may occur in said board of road commissioners by
death, resignation, removal from the county or any
other cause.

In force and approved March 30, 1863.

Ibid s 10.
Compensation
to road com-
missioners.