persons, enquire whether the said parts of said
road so complained of are in such good order as
aforesaid, and shall cause an inquisition to be made
and certified, under the hands of himself and said
persons; and if the said parties by said inquisition,
shall find the said places of said road to be out of
order and repair, contrary to the true meaning and
intent of this Act, the said Justice shall certify
and send one copy of the said inquisition to the
President of said Company, and if the same should
not be put in good order and repair within fifteen
days thereafter, the aforesaid Justice shall certify
and send a copy of the inquisition aforesaid, to the
next term of the Circuit Court for said County, and
the Judge thereof shall cause to be brought before
him the person or persons intrusted by the said
Company with the care and superintendance of
such parts of said road so to be found defective;
and if the said person or persons shall be convicted
of the offence by the said inquisition charged, the
said Court shall fine the said person or persons ac-
cording to the nature and aggravation of the ne-
glect, in its discretion, not exceeding one hundred
dollars for every month since said inquisition shall
find that such places shall have been out of order
and repair; and in case the said Company shall
neglect to have such places repaired within fifteen
days after the fine aforesaid, then the Court shall
proceed to fine the President of said Company in
its discretion, not exceeding the sum of two hun-
dred dollars, for the use of the County, under the
direction of the County Commissioners; and any
person paying toll, during the time that the said
road shall be out of order, may recover the amount
so paid, from said Company.

Intent to de-
fraud.

Sec. 11. And be it enacted. That if any person or
persons, whomsoever, riding or driving himself or
any animal or thing for which tolls are prescribed
by this Act, shall pass through any private gate,
or bar, passage, way or other ground, with the in-
tent to defraud the said Company, and avoid the
payment of the toll or duty for passing through
any of its gates or turnpike, such person or per-
sons, in all or any of the ways or means so offend-
ing, shall for every such offence respectively, for-
feit and pay to said Company any sum not less than