J. MILLARD TAWES, GOVERNOR 203
wilfully permitting any [of the Road Supervisors] employee to so
exercise [their] his duties shall, without excluding other things, be
construed as misconduct in office.
314. If any person shall alter, change, obstruct or encroach upon
any public road in said county, or cut down, destroy or injure any
of the bridges, causeways, boundaries, marks or directions therein
or thereon, he shall, on conviction [in the circuit court for said
county], by any Justice of the Peace exercising criminal jurisdiction
in Kent County, be fined, at the discretion of the court, not exceed-
ing [fifty] one hundred dollars, the same to be paid to [and accounted
for by the supervisor of the district where the road lies.] the County
Commissioners to be applied to the general road fund of the County.
331. In addition to any sentence of confinement in the County
Jail of Kent County which may be imposed for failure to pay any
fine or fines by the Circuit Court for Kent County, or any justice of
the peace for Kent County having criminal jurisdiction, said Court
or justice shall also in said sentence direct that any prisoner over
sixteen years of age who may be so sentenced shall be subject to
performing labor for and during the period of his imprisonment on
the public roads of Kent County, or on the public streets of any
incorporated town in said county [; provided, that during] . Also,
whenever the Circuit Court or any such justice of the peace has
sentenced a person to imprisonment within Kent County as part of
a criminal penalty, he may in the sentence direct that the prisoner
thus be subject to performing labor. During the employment of such
prisoner on the public streets of any incorporated town, the town
authorities of such town so employing such prisoner shall be charged
with the expense which may attend such employment [, and provided
further, that this Act]. This sub-heading shall not apply to female
prisoners.
332. The labor provided for in [the preceding] Section SSI shall
be performed, if within the corporate limits of any incorporated
town, under the supervision and direction of the town commissioners
[and bailiff] or Mayor and Council, or a duly authorized representa-
tive thereof, of such town, and if on the public roads of Kent County
then under the supervision and direction of the County Commis-
sioners, or [the road supervisor of any district who may be author-
ized by the County Commissioners to work the same; and the] a duly
authorized officer or representative thereof. The Sheriff of Kent
County, upon the demand of any bailiff, supervisor or other persons
duly authorized to make such demand, is hereby authorized and
required to deliver such prisoner to the party so making the demand
and entitled to receive the same, whenever and at such times as he
may be so legally required; and the labor to be performed by such
prisoner may include every service necessary for the purpose of
draining, grading, paving, maintaining or repairing such public
streets or other highways of Kent County within or without the
limits of any incorporated town therein.
333. The officer or other person having such prisoner in charge
shall have power and authority to compel such labor, and shall be
responsible for the safe keeping and return to prison of such prisoner
to the custody of the sheriff at the end of each day's labor, which
day's labor shall be within the discretion of the officer or other person
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