The Daily clarion. [volume] (Jackson, Miss.) 1866-1888, 1884-02-22

AN ACT to compel overseers Of roads in
Tunica county to do their duty.
SECTION 1. Be it enacted by the Leyisls.
ture Of the State of Mississippi, That il
any overseer of any road in Tunica county,
shall suffer any public road, in his district,
TO remain out of repair for more than ten
days at any one time, unless hindered by
extreme bad weather, or other unavoid-
able cause, he shall forfeit and pay not less
than ten dollars, nor more than fifty dol
lars, to be imposed on him as fine by the
board of supervisors of said county, to be
collected as provided in this act.
SEC. 2. Be it further enacted, That if any
overseer of any road in Tunica county shall
refuse or neglect to do their duty in any
respect, as required by law, after notice Of
his appointment as such, he shall forfeit
and pay not less than ten dollars, nor more
than fifty dollars, to be imposed on him as
fine by the board of supervisors of said
county, to be collected as provided in this
act.
SEC. 3. Be it further enacted, That when
any fine shall be imposed upon any person
by said board of supervisors, by virtue of
any provision of this act, such fine shall be
collected in the manner provided for the
collection of fines in section S63 of the Re-
vised Code, of 1880; and ali the provisions
of said section S63 of said Code, are hereby
made applicable to the collection of all
fines imposed by virtue eff this act.
SEC. 4. DO it further enacted, That when
any fine shall DO imposed upon any person
by virtue of any provision of this act, such
person, upon being summoned to show
cause why tho judgment for such fine
should not be made final, may in addition
to any other sufficient cause, show that he
has been indicted and convicted, or in
dicted and acquitted of the same offence.
SEC. s. Be 1t further enacted, Tint any
person who has paid any fine imposed on
him by virtue of this act, may show the
same in evidence in bar of any Indictment
for the same offence for which such fine
was imposed; Provided, That nothing short
Of actual payment of such fine and all costa
shall constitute such bar, and such pay
ment must be made before indictment.
SEQ 6. Be it further enacted, That the
right Of appeal to the circuit court from
any judgment of said board of supervisors
in any proceeding had under this act shall
exist as in other cases. Provided, That be-
fore such appeal shall be granted, the par
ty applying for it shall give bond, payable
to the State of Mississippi, with sureties to
be approved by the clerk of said board of
supervisors, in the penalty of one hundred
dollars, conditioned for the payment Of
such judgment as the said circuit court
may render against him. If the circuit
court affirm the Judgment appealed from,
then it shall award execution against the
obligors in the appeal bond for the amount
of such judgment with ten per cent dam
ages thereon and all costs. Upon such
appeal the cause shall be docketed in the
name Of the appellant, against the State
Of Mississippi, and the State shall be rep
resented by the district attorney who, in
case the Judgment appealed from is affirm
ed snail be allowed fee of ten dollars to
be taxed as part of the costs, but neither
the State nor the county shall be liable for
any fees in any proceeding had under this
act.
SEC Z. Be it further enacted, Tint this
act shall take effect and be in force from
and after its passage.
Approved, February 9, 1884.