ELIHU E. JACKSON, ESQUIRE, GOVERNOR.

and any other matter touching the road service
in his district ; and if any road supervisor shall
fail wilfully to file such report with the, said
commissioners within ten days from said time

109

respectively, his said office shall, if so facto,
be vacated, and the said county commissioners
shall immediately proceed to appoint some
other person in his stead.
SEC. 9. And be it enacted, That any person who

When vacated

shall fail to obey the summons of the road sup-
ervisor shall be guilty of a misdemeanor, and,
upon complaint made by the supervisor of the
district in which he resides, shall be arrested
and brought before any justice of the peace of
the county upon a warrant to be issued by said
justice, and upon proof of such summons and

When guilty
of a misde-
meanor.

a failure to obey the same, shall be fined not
less than one dollar and a half nor more than
five dollars, and all costs of such proceeding,
and stand committed until such fine and costs
are paid ; and all fines collected under this sec-
tion shall be paid to the supervisor making said
complaint for the use of the road in his district,
provided that any person upon being summoned
by the supervisor may furnish a substitute, or
pay to the supervisor one dollar for each and
every day he may be summoned to work ; and
provided further, that if it shall appear upon
examination before the said justice of the peace
that the party so brought before him was at the
time he was summoned to work physically un-
able to perform said labor, and was also with-
out pecuniary means and unable to pay the
sum of one dollar, then the said party shall be
discharged ; provided also, that any person con-
victed under this section may appeal to the cir-
cuit court for Somerset county.
SEC. 10. And be it enacted, That each super-

Fine for fail-
ure to obey.

visor, as his full compensation, shall receive two
dollars per day for each and every day of eight
hours each he may be actually employed in
clearing, smoothing and repairing the roads as
required by section two of this act, and also ten
cents for each person summoned as aforesaid,
provided the number so summoned shall not ex-
ceed ten persons at any one time ; and shall be
required by the county commissioners to give

Compensation
of supervisor.