
    The State vs. Barksdale, mayor, &c.
    
    The corporation of a town may be indicted and fined for permitting the streets to remain out of repair, but the officers of the corporation are not individually responsibly for such nonfeasance.
    Note. — Corporations are bound, on common law principles, to keep in good repair the streets within the corporation. Counties are bound to keep in repair bridges and jails; and in all cases where duties of a public nature are imposed on corporations, such corporations are liable to indictment if they fail to discharge those duties accord-ingtolaw. 2Hawk,698; 3 Chitty, 588, 566; Petersdorff, Yol 10, 326, No. 1, 2r 4, 7.
    The grand jury of Montgomery county, at the November term, 1842, presented the corporation of the town of Clarksville. The presentment charged, that there “was within the corporate limits of the town of Clarksville a public street that was ruinous and out of repair on the 10th day of.November, 1842, and for a long time before that day, to wit, for fifty days, it being then and there obstructed by gullies and ravines, so that the same was "impassable for horses, carriages or wagons, on that part of said street near the lower Bed-river bridge; and that Thomas W. Barksdale is the mayor of the corporation of Clarksville, and W. M. Rodgers, S. McFall, &c. &c. are the aldermen,” &c.
    This presentment was tried by Judge Martin and a jury of Montgomery county, at the November term in 1843.
    The jury found “Thomas W. Barksdale, the mayor,” guilty.
    He was fined ten dollars, and thereupon appealed*
    
      Garland, for the plaintiff in error.
    
      Attorney General, for the State.
   Turley, J.

delivered the opinion of the court.

Thomas W. Barksdale, mayor of the town of Clarksville, is individually found guilty upon a charge that a street in the town was permitted to remain out of repair. He is not responsible individually therefor. The corporation is bound to keep the streets in repair; and for neglect in so doing, may be indicted and fined, but no member of the corporation is individually responsible for such neglect.

Let the judgment be reversed and arrested.  