| 1804. |
LAWS OF MARYLAND.
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, inquire 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 intrusted by
the company with the care and superintendance of such part of the
said road as shall be found defective, and if the said person or persons
intrusted 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 company should neglect to have the said place
repaired within fifteen days after the aforesaid line shall have been
laid, then the said court shall proceed to fine the said president,
managers and company, in their discretion, not exceeding two hundred
dollars, for the use of the county under the direction of the
levy court. |
And for evading
payment of toll,
&c.
Provisos. |
17. AND BE IT ENACTED, That if any person
or persons whomsoever,
riding in or driving any sulkey, chair or chaise, phæton,
cart, wagon, sleigh, sled, or other carriage of burthen or
pleasure, riding or leading any horse, mare or gelding, or driving
any sheep, hogs or cattle, shall therewith pass through any private
gate or bars, or along or over any private passage, way, or other
ground near to or adjoining any turnpike gate erected, or which
shall be erected in pursuance of this act, with intent to defraud the
company and avoid the payment of the toll or duty for passing
through any such gate or turnpike, or if any person or persons
shall, with such intent, take off, or cause to be taken off, any horse,
mare or gelding, or other cattle, from any wagon, or carriage of
burthen or pleasure, or practise any other fraudulent means or device,
with the intent that the payment of any such tolls or 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 president,
managers and company, a 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 |
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