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JOHN H. STONE, Esquire, Governor.
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1796. |
XXI. And be
it enacted, That in case the
tolls should be increased by the said
president and directors by virtue of the authority herein before given
them, and
when so increased they shall exceed in net profits the sum of ten per
centum
per annum, that then and in such case the legislature may, at any subsequent
session,
and from time to time, reduce the said tolls, provided that when thus reduced
they shall not yield in net profits a less sum than ten per centum per
annum;
and in making such reduction they shall be governed by the average of the
clear income and profits arising from the tolls of the two years next preceding
such reduction. |
CHAP.
LXIX.
Tolls, if increased,
may
be reduced,
&c. |
XXII. And be
it enacted, That in case the
said president and directors shall
not comply with the provisions of this act, in publishing an account of
their expenditures
and net proceeds semi-annually, and also in laying before the legislature
every two years after the choice of the first directors as aforesaid a
statement,
upon oath, of their capital expended, and the profits arising from the
same, they
shall forfeit and pay, for each neglect, the sum of five hundred dollars. |
Penalty for
not complying,
&c. |
XXIII. And,
for the punishment of all offences created by this act, and committed
by the corporation or their agents, Be
it enacted, That prosecutions,
by action, shall be carried on and prosecuted against the said president
in the
county court of the county in which the said president shall reside; and
all fines
or forfeitures imposed by this act, which may affect other persons, shall
be recovered
by indictment against the party offending in the county court of the
county in which he or she shall reside, and the same, when received, shall
be
paid to the state, or to such person or persons to whose use the same are
by this
act appointed; and if any person shall refuse to pay the toll or tolls
imposed by
this act, at the respective places at which they may be demanded by law,
or shall
evade the payment thereof, by going round the toll-gates, such toll shall
be recovered
by warrant issued by any justice of the peace of the county in which the
payment of such toll may be demanded by virtue of this act, or of the county
in which such person shall reside; and all such justices are hereby authorised
and
required to issue such warrants
on the application of the said president and directors,
or their agent or toll receivers, and to hear and determine the said complaint,
and to pass judgment, and award execution thereon, in the same manner
as they are authorised to proceed in other cases by the act, entitled,
An act for
the speedy recovery of small debts
out of court, and to repeal the acts of assembly
therein mentioned. |
Prosecutions
may be carried
on, &c. |
XXIV. And be
it enacted, That the said proprietors,
or a majority of them
holding at least five hundred shares, shall have full power, at any general
meeting,
to lessen said tolls, or determine what article shall pass free of tollage. |
Tolls may be
lessened, &c. |
XXV. And be
it enacted, That the said president
and directors shall have full
power and authority, from time to time, to farm the said tolls and toll-gates,
or
either of them, for such term or terms during the continuance of the said
corporation,
and upon such conditions, as they, in their discretion, shall deem expedient,
provided that the same shall be ratified and confirmed by the general
meeting of the stockholders that shall next happen thereafter. |
And may be
farmed out,
&c. |
XXVI. And be
it enacted, That if any person
shall drive any carriage or waggon,
cart or other carriage of burthen, round any turnpike gate, with intention
to avoid the payment of the tolls, and if any person shall lead or drive
his riding
horse liable to tolls round any such turnpike gate, with intent to evade
the payment
of the toll, such person, if a free man, shall forfeit and pay two dollars
for
every such offence, or if a servant or slave, the master or mistress shall
forfeit
and pay one dollar. |
Penalty for
attempting to
avoid payment,
&c. |
XXVII. And be
it enacted, That if any part
of the said road, bridges or
causeways, upon which tolls shall have been received, shall be and continue
to
be out of good and perfect order and repair for the space of five days,
and information
thereof shall be given to any justice
of the peace of the neighbourhood, |
Justice, in
certain cases,
may issue a
precept, &c. |
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