
    *BRICK AND OTHERS v. GREEN.
    Supervisor of highways — certificates for road tax — demurrer.
    An action will lie against a supervisor of highways, who maliciously refuses to give a certificate to one who has wrought out a road tax on the road, under the statute.
    The supervisor for the time being is bound to give such certificates, when satisfied the work has been done, whether in office when the work was done, or he has come in since.
    Error to the Common Pleas. The plaintiffs declare against the defendant, a supervisor of highways, for that the plaintiffs having worked out a road tax, had demanded their certificate from the defendant for the county treasurer, according to law, but that the defendant maliciously refused to give them one. To this there was a general demurrer, which was sustained by the Court of Common Pleas. To reverse this, the present writ of error is prosecuted.
    
      S. J. Andrews, for the plaintiff in error,
    cited 23 O. S. 23, 4.
    
      Case, contra,
    cited 22 O. L. 312, 315, 316.
   BY THE COURT.

The law imposes it as a duty upon the Supervisor to give a certificate for road taxes wrought out upon the roads; 23 O. L. 23. To refuse such certificate to one entitled, may subject the party to loss, and if a supervisor so refuses maliciously, an action lies against him. The case in the declaration substantially shows this state of things. It is said the supervisor in office at the time the labor is done must give the certificate. We think it the duty of the supervisor for the time being to give the certificate, when he is satisfied the work has been done, whether it was done after he came in to office or before. The necessity for it is the same in either case, and if the supervisor maliciously refuse the certificate he is liable. It is averred in the declaration, that the defendant knew the work was done; this the demurrer admits. We think, therefore, the Court of Common Pleas erred in sustaining the demurrer, and for that error reverse their judgment, with costs.

[Personal liability of supervisor for wilful Refusal of certificate ; Dunlap v. Knapp, 14 O. L. 64, 72.]  