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ROBERT BOWIE, ESQUIRE, GOVERNOR.
duty may be evaded or lessened, all and every person or persons,
in all, every or any of the ways or manners aforesaid offending,
shall, for every such offence respectively, forfeit and pay to the
said respective president, managers and company, of the road on
which said fraud shall or may be practised, any sum not exceeding
ten dollars, to be sued for and recovered, with costs of suit, before
any justice of the peace, in like manner as debts of a similar
amount may be sued for and recovered; Provided always, that if
any person or persons shall be prosecuted under this section, and
the said prosecution shall not be sustained on the part of the prosecutor,
then and in such case the person or persons prosecuted as
aforesaid shall receive from the company the sum of twenty dollars,
in lieu of damages from delay and vexatious prosecution, recoverable
as other fines under this act; and if any toll-gatherer shall knowingly
demand and receive any greater toll from any person or persons
than such toll-gatherer is authorised to demand and receive by
virtue of this act, such toll-gatherer shall forfeit and pay the sum
of twenty dollars for every such offence, to the use of the county
in which the forfeiture is incurred, and for the payment of which
the said company shall be responsible. |
1804.
CHAP. 51.
Proviso. |
28. AND BE IT ENACTED, That the presidents
and managers of
the said companies shall keep fair and just accounts of all monies
received by them from the said commissioners, and from the subscribers
to the said undertakings on account of the several subscriptions,
and of all penalties for delay in payment thereof, and
of the amount of the profits on the shares which may be forfeited
as aforesaid, and also all monies by them expended in the prosecution
of their said work, and shall, once at least in every year, submit
such account to a general meeting of the stockholders, until
the said road or roads shall be complete, and until all the costs,
charges and expenses of effecting the same, shall be fully paid and
discharged, and the aggregate amount of such expenses shall be
liquidated and ascertained, and if upon such liquidation, or when
the capital stock of the said company shall be nearly expended, it
shall be found that either of the said capital stocks will be insufficient
to complete that respective road, according to the true intent
and meaning of this act, it shall and may be lawful for the said
president, managers and company, at a stated or special meeting,
to be convened according to the provisions of this act or their own
by-laws, to increase their number of shares to such an extent as
shall be deemed sufficient to accomplish the work, and receive subscriptions
on original terms, and demand the money subscribed for
such shares, in like manner and under like penalties as are herein
before provided for the original subscriptions, or as shall be provided
by their by-laws. |
Fair accounts to
be kept of monies
received. |
29. AND BE IT ENACTED, That the court of inspection
aforesaid
shall, at the end of every third year from the date of those incorporations,
until two years next after the whole of either of the
said roads shall be completed, lay before the general assembly an
abstract of the accounts of the corporations, on the oath or affirmation
of the persons intrusted by the companies respectively with
keeping of the said accounts, shewing the whole amount of their
capitals expended in the prosecution of either of the said works,
and of the income and profits arising from the said tolls for and |
Abstract of accounts
to be laid
before the general
assembly. |
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