Penalty for neglecting
to keep
road in repair.
Proviso. |
12. AND BE IT ENACTED, That if, at any time
after the said
road shall be completed, the said company shall neglect to keep the
same in good and perfect order and repair for the space of ten days,
and information shall be given to the justice of the peace of the
neighbourhood, such justice shall issue a precept, directed to any
constable, commanding him to summon three freeholders, to meet,
at a certain time to be mentioned in the said precept, on the place
in the said road which shall have been 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,
by the oaths or affirmation of the said freeholders, inquire whether
the said road, or any part thereof, is in such good and perfect order
and repair as aforesaid, and shall cause an inquisition to be
made, under the hands of himself and a majority of the said freeholders;
and if the said road shall be found by the said inquisition
to be out of order and repair, according to the true intent and
meaning of this act, he shall certify and send one copy of the said
inquisition to each of the keepers of the gates or turnpikes, and
from thenceforth the toll hereby granted to be collected at such
turnpike or gates shall ceases to be demanded, paid or collected, until
the said defective part or parts of the said road shall be put in
good and perfect order and repair as aforesaid; and if the
same shall not be so put in good and perfect order and repair
before the next Allegany county court, the said justice
shall certify and send a copy of the said inquisition to the justices
of the said court, who shall thereupon cause process to issue, returnable
at any time during the said court, or on the first day of
the ensuing court, as the justices may think proper, to summon the
person or persons intrusted by the said company with the care and
superintendence of the said road, which process being returned
"executed," the person or persons summoned thereby shall immediately
thereafter plead to issue to the inquisition aforesaid, and a
jury shall immediately be empannelled to try the same, who, if
they shall find the facts contained in the inquisition to be true,
shall fine the said person or persons so having the superintendence
of the said road, according to the nature and degree of neglect;
which fine, together with the costs accruing by the prosecution of
the said person or persons, shall be recovered in the same manner
as fines are usually recovered in courts of justice, and shall be applied
to the reduction of the county levy; and in case the said person
pr persons fined as aforesaid shall be insolvent for the whole or
any part of the said fine and costs, the company shall be responsible
for the same, to be recovered in the name of the state, by action
of debt, in said court; Provided, that if any person or persons
should be impeded, obstructed or injured, in consequence of the
said road not being in good and sufficient order and repair, after
having been completed as aforesaid, according to the true intent
and meaning of this act, he, she or they, shall and may have and
maintain an action on the case against the said company, to recover
damages therefor. |
