ART. 22.] ROADS. 2013

hauling or throwing obstructions on said roads, the county com-
missioners shall direct the county surveyor to make a survey of
said road and ascertain the correct location of the centre line, and
after marking with stakes the outside lines of said road as origi-
nally laid out, he shall report to the county commissioners, at
their next meeting, the name of such person who has encroached
upon with fences or otherwise obstructed said road ; the county
commissioners shall then pass an order notifying such person to
set back his fences so as to give to said road its legal width, or to
remove the obstructions, as the case may be, and place a copy of"
said order in the hands of the sheriff of said county, who shall
notify the person to whom the notice is directed, by reading the
same to him, and return said order to the commissioners, with
the day and date of the giving of said notice to the person therein
mentioned, endorsed upon the same.

1880, ch. 311.

340. Upon refusal or neglect of such person to comply with
the orders of the said commissioners within ninety days from the
date of said notice as returned by the sheriff, he shall be deemed
guilty of a misdemeanor, and after presentment and indictment,
by a grand jury, upon conviction thereof, shall be fined the sum
of five dollars per day for each and every day that said fence or-
other obstruction shall remain after the expiration of ninety days,
from the date of the giving of said notice, together with all costs,
incurred; the said fine to be recovered in the manner provided
by law for the recovery of fines, penalties and forfeitures, and to
be paid to the said county commissioners for the use of the roads
of said county.

P. L. L., (1860,) art. 21, sec. 235.

341. All fines imposed in such cases shall be appropriated to
repairing such damages and improving the road, and shall be
paid to and accounted for by the supervisor.

1874, ch 356.

342. The county commissioners shall have power to construct
any road, hereafter to be opened for the use of the public, less
than thirty feet wide; provided, that in the judgment of the
examiners such width will be sufficient for the public use.