| 1805.
CHAP. 79. |
LAWS OF MARYLAND.
by oxen, two oxen shall be estimated as equal to one horse in charging
all the aforesaid tolls, and every mule as equal to one horse. |
Penalty for neglecting
to keep
road in repair. |
20. AND BE IT ENACTED, That if the said company,
after the
said road is completed as aforesaid, shall neglect to keep the said
road in good and perfect order for the space of fifteen days, and
information shall be given to any justice of the peace of the neighbourhood,
within the county where the repair ought to be made,
such justice shall issue a precept, to be directed to any constable, commanding
him to summon three disinterested persons, to be 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 road, 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 each of the keepers of the turnpikes or gates between which such
defective place shall be, and from thenceforth the tolls hereby
granted to be collected at such turnpikes or gates shall cease to be
demanded, paid or collected, until the said defective part or parts
shall be put in good and perfect order and repair as aforesaid; and
if the same shall not be put in good and perfect order and repair before
the next county court of the said county, the aforesaid justice
shall certify and send a copy of the inquisition aforesaid 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 fine
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. |
Penalty for evading
payment of
costs, &c. |
21. AND BE IT ENACTED, That if any person
or persons whomsoever,
riding in or driving any sulkey, chair or chaise, phæton, cart,
wagon, wain, sleigh, sled, or other carriage of burthen or pleasure,
riding or leading any horse, mare or gelding, or driving any hogs,
sheep or cattle, shall therewith pass through any private gate or
bars, or along or over any private gates or bars, or along or over
any private passage way, or other ground near to or adjoining any
turnpike gate which shall be erected in pursuance of this act, with
an intent to defraud the company and avoid the payment of the
toll or duty for passing through any such gate or turnpike, or if |
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