As he is personally responsible to private individuals for the state of the roads, and indictable before the Court of Sessions, he is sure to employ the extraordinary right which the law gives him against the township.

Thus by threatening the officer the Court of Sessions exacts compliance from the town.

See Act of March 5, 1787, Id., vol.i.p.

305.] He may execute the law without energy or zeal; He may neglect to execute the law; He may do what the law enjoins him not to do.
The last two violations of duty can alone come under the cognizance of a tribunal; a positive and appreciable fact is the indispensable foundation of an action at law.

Thus, if the selectmen omit to fulfil the legal formalities usual at town elections, they may be condemned to pay a fine; *y but when the public officer performs his duty without ability, and when he obeys the letter of the law without zeal or energy, he is at least beyond the reach of judicial interference.