| DEC. 1813.
CHAP. 126.
Wagoners, &c. to
keep the right
hand side. |
LAWS OF MARYLAND.
" Sec. 20. And be it further enacted by
the authority aforesaid,
That all wagoners, carters, and drivers of carriages of all kinds,
whether of burden or pleasure, using the said road, shall, except
when overtaking and passing by a carriage of slower draught,
keep their horses and carriages on the right hand side of the said
road in the passing direction, leaving the other side of the said
road free and clear for other carriages to pass and repass, and if
any carter, wagoner or driver, shall offend against this provision,
he shall forfeit and pay any sum not exceeding six dollars, to any
person who shall by reason thereof be obstructed in his passage,
and will sue for the same, before any justice of the peace, to be
recovered with costs in like manner aforesaid. |
Penalty for receiving
greater toll
than allowed. |
" Sec. 21. And be it further enacted by
the authority aforesaid,
That if any toll-gatherer on the said road shall demand from any
person or persons using the said road, any greater rate of toll than
by this act is authorised and allowed, such toll-gatherer shall forfeit
and pay the sum of twenty dollars for every such offence, one
half to the use of the person suing for the same, to be recovered
before any justice of the peace of the county where such offence
shall have been committed. |
| Suits and prosecutions. |
" Sec. 22. And be it further enacted by
the authority aforesaid,
That if in the case of any suit or prosecution which shall be commenced
under the directions of this act, for the penalty incurred
under the same, whether by or against the said company, their
servants or assignees, the said suit or prosecution shall not be sustained
by the plaintiff or prosecutor, then and in such case the
person or persons prosecuted as aforesaid, shall recover by the
judgment of the justice before whom such suit or prosecution shall
be depending, or by action before the court of common pleas of
the proper county, (if such prosecution had been instituted before
the court of general quarter sessions of the peace,) such sum, not
exceeding the amount of the penalty for which the suit or prosecution
shall be commenced, as shall be deemed a reasonable retribution
for the vexation of such suit or prosecution. |
Actions to be valid
must be commenced
within six
months. |
" Sec. 23. And be it further enacted by
the authority aforesaid,
That no suit or action shall be brought or prosecuted by any person
or persons for any penalties incurred under this act, unless such
suit or action shall be commenced within six months next after the
fact committed, and the defendant or defendants in such suit or action
may plead the general issue, and give this act and the special
matter in evidence, and that the same was done in pursuance and
by the authority of this act. |
This act not to be
valid unless legislature
of Maryland
vests like power in
subscribers, &c. |
" Sec. 24. And be it further enacted by
the authority aforesaid,
That nothing in this act shall be deemed, taken or construed, to
authorise the governor to incorporate or empower the said subscribers
to do any act, matter or thing, herein mentioned, until such
time as the legislature of Maryland shall vest the like power and
authority in such subscribers, to make the said road by the route
aforesaid, from Baltimore to the Philadelphia and Lancaster turnpike
road, with as full and ample powers, privileges, franchises and
emoluments, as to the said subscribers are herein given and granted;
and if the said company shall not proceed to carry on the said |
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