JOHN WALTER SMITH, ESQ., GOVERNOR.

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tion to the above bond, shall give bond, with approved surety,
to the County Commissioners, in such sum as the County Com-
missioners may fix, conditioned for the true and faithful per-
formance of his duties in the expenditure and use of such
money as may come in his hands in any way for use on the
roads or bridges of his district, and faithfully account with the
County Commissioners as hereinafter provided, and for any
such failure to account, each supervisor's bond shall be liable
by suit in the name of the commissioners, and at the time of
the appointment of such supervisors the County Commissioners
may contract with the supervisors to pay such salaries or a per
diem amount as may be deemed just and reasonable, and such
contract shall be in writing and signed by the supervisor and
president of the Board of County Commissioners and wit-
nessed by the clerk to said board. The giving of the said

CHAP. 638.

Bond to be
given.

bonds shall not be a bar to presentment and trial of any super-
visor for malfeasance in office. The County Commissioners
shall have power to fill any vacancy for the unexpired term or
at time to remove from office any road supervisor for what
they may deem a neglect of duty or malfeasance in office and
appoint a successor to till the vacancy for the residue of the
term. But before any supervisor shall be removed the County
Commissioners must give tive days' notice at least in writing
to the supervisor stating the cause of complaint and the day
to appear and show cause why he should not be removed. If
such supervisor fails to appear or shows no good cause for not
appearing, the County Commissioners may act on the question
of removal in his absence, and should the supervisor attend on
the day appointed and the County Commissioners remove such
supervisor summoned to attend as before directed, the super-
visor shall have a right to appeal within ten days to the Cir-
cuit Court for Wicomico County, and if the Court shall believe
such removal was unjust and without sufficient cause, the Court
may award such supervisor damages to be paid by the County
Commissioners out of the road fund of the county, with the
costs, and the action of the Circuit Court shall be final.

Authority
given to fill
vacancies.

115. It shall be the duty of said road supervisors to super-
intend the construction and repair of all roads, bridges and
culverts in their respective dictricts, including all works done
or given out under contract, but no supervisor shall have any
pecuniary interest in any contract, and shall furnish no teams
for any work (unless previously authorized in writing by the
County Commissioners) ; and when the construction and repair
of roads shall not in any district or sub-district be given out
under any contract, the supervisors shall employ the
necessary labor and teams to do the work required

Duty of road
supervisors.