LEVIN WINDER, ESQUIRE, GOVERNOR.
power, at any general meeting, to lessen said tolls, or to determine
what article shall pass free of tollage. |
NOV. 1812.
CHAP. 78. |
25. AND BE IT ENACTED, That no wagon or other
carriage with
four wheels, the breadth of whose wheels shall not be four inches,
shall be drawn along the said road with a greater weight thereon
than three tons; that no such carriage, the breadth of whose wheels
shall not be seven inches, or being six inches or more shall not roll
at least ten inches, shall be drawn along the said road with more
than five tons; that no such carriage, the breadth of whose wheels
shall not be ten inches or more, or being less shall not roll at least
twelve inches, shall be drawn along the said road with more than
eight tons; that no cart or other carriage with two wheels, the same
breadth of wheels as the wagon aforesaid, shall be drawn along
the said road with more than half the burthen aforesaid; and if any
cart, wagon, or carriage of burthen whatsoever, shall be drawn
along the said road with a greater weight than is hereby allowed,
the owner or owners of such carriage, if the excess of burthen shall
be greater than three hundred weight, shall forfeit and pay four
times the customary tolls for the use of the company; Provided always,
that it shall and may be lawful for the said company, by
their by-laws, to alter any and all the regulations herein contained,
respecting the burthens on carriages to be drawn over the said road,
and to substitute other regulations, if upon experiment such alterations
shall be found conducive to the public good; Provided nevertheless,
that such regulations shall not lessen the burthens
above described. |
Weight to be
drawn along said
road.
Provisos. |
26. AND BE IT ENACTED, That if the said company,
after the
said road be completed as aforesaid, shall neglect to keep the said
road in good and perfect order for the space of fifteen days, and
information shall be given to any justice of the peace within the
county, shall justice shall issue a precept, to be directed to any
constable within the county, commanding him to summon five disinterested
persons, to be named by the said justice in the said precept,
to meet at a certain time, in the said precept to be mentioned,
at the place in the said road which shall be complained of, of which
meeting notice shall be given to the keeper of the gate or turnpike
nearest thereto; and the said justice shall at such time and place,
on the oaths or affirmations of the said persons, enquire whether
the said roads, or any part thereof, is in such good and perfect order
and repair as aforesaid, and shall cause an inquisition to be
made and certified under the hands of himself, and a majority of
the said persons; and if the road shall be found by the said inquisition
to be out of order and repair contrary to the true intent and
meaning of this act, the said justice shall certify and send one copy
of the said inquisition to the judges of the county court, who shall
thereupon cause to be brought before them the body or bodies of the
person or persons instructed by the company with the care and superintendance
of such part of the said road as shall be found defective,
and if the person or persons instructed by the company
aforesaid, shall be convicted of the offence by the said inquisition
charged, the said court shall fine the said person or persons according
to the nature and aggravation of the neglect, in their discretion,
not exceeding one hundred dollars for every week such
place shall have been out of order and repair; and in case the said |
Penalty for not
keeping road to
repair. |
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