The law authorizes the trustees of the county courts to contract for the building and repairs of bridges. Whatever the trustees do under this authority they do in behalf of the public; and the contract is substantially between the public and the undertaker, through theinstrument, the county court; and if the undertaker by not performing his agreement occasions an inconvenience to the public, he is indictable.

There must be a judgment for the State. *Page 488

(684)