|
LEVIN WINDER, ESQUIRE, GOVERNOR.
shall, with the intent aforesaid, take off, or cause to be taken
off, any horse or other beast, or cattle of draught or burthen, from
any carriage of burthen or pleasure, or shall practise any other
fraudulent means or device, with the intent to evade or lessen the
payment of any such toll or duty, all and every such person or
persons, offending in manner aforesaid, shall for every such offence
respectively, forfeit and pay to the president, managers and
company, of the Baltimore and Strasburg turnpike road, the sum
of fifteen dollars, to be sued for and recovered with costs of suit,
before any justice of the peace, in like manner, and subject to the
same rules and regulations, as debts of equal amount are or may
be by law recoverable. |
DEC. 1813.
CHAP. 126. |
" Sec. 14. And be it further enacted by
the authority aforesaid,
That if the said company shall neglect to keep the said road in
good repair for the space of ten days, and information thereof shall
be given to any two justices of the peace for the proper county,
such justices shall issue a precept to be directed to any constable,
commanding him to summon five judicious and disinterested freeholders,
to be named by said justices, to meet at a certain time in
the said precept to be mentioned, at the place in the said road which is
complained of, of which meeting notice shall be given to the keeper
of the gate or turnpike nearest thereto; and the said justices shall
at such time and place, by the oaths or affirmations of the said
freeholders, enquire whether the said road, or any part thereof, is
in such good repair as aforesaid, and shall cause an inquisition to
be made under their hands and seals, and under the hands and
seals of the said freeholders, and if the said road shall be found by
the said inquisition to be out of repair, contrary to the intent
and meaning of this act, they shall so certify, and send one copy
of the said inquisition to each of the keepers of the turnpikes or
gates between which said defective place shall be, and from thenceforth
the tolls hereby granted to be collected at such turnpikes or
gates for the intermediate distance between them, shall cease to be
demanded, paid or collected, until it shall have been certified by
the said freeholders, or a majority of them, that the said defective
part of parts of the said road have been put into good and perfect
order and repair as aforesaid; and if any of the keepers of the gates
aforesaid shall take or attempt to exact tolls for the intermediate
distance between the gates aforesaid, from any traveller, during
the time the road shall continue out of repair, such keeper shall
forfeit and pay, to the person who shall prosecute for the same,
the sum of five dollars, to be recovered before any justice of the
peace as debts of equal amount are or may be by law recoverable;
but if the same road shall not be put into good repair before the
next ensuing court of quarter sessions of the proper county, the
said justices shall certify and send a copy of the said inquisition to
the justices of the said court, and the said court shall thereupon
cause process to issue, and bring in the bodies of the person or
persons intrusted by the company with the care and superintendance
of such part of the said road as shall be found defective as aforesaid,
and shall direct a bill of indictment to be sent to the grand inquest
against the person or persons intrusted as aforesaid, and upon
conviction shall give such judgment according to the nature and
aggravation of the neglect, as the said court in their discretion |
Repairs—penalty
for neglect. |
VOL. III.
13
|
 |
