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EDWARD LLOYD, ESQUIRE, GOVERNOR.
wilfully break, pull down, deface, destroy or injure, any direction-post
which shall be erected in pursuance of this act at the intersection
of any road as aforesaid, or the board or index hand affixed
thereto, in conformity with the directions of this act, or shall obliterate
the letters or figures inscribed or marked thereon, or destroy,
deface or obliterate, the letters, figures, or other characters, marked
at any turnpike or gate which shall be erected in pursuance of
this act, for all or any of the purposes therein mentioned, or the
whole or any part of any printed list of the rates of tolls which shall
be affixed in pursuance of the directions of this act at any such gate
or turnpike, he or they, so offending in the premises, shall, and
each of them shall, for every such offence, severally and respectively
forfeit and pay to the said president, managers and company, a
sum not exceeding twenty dollars, to be paid for and recovered,
with costs of suit, before any justice of the peace, in manner aforesaid.
See 1815, ch. 9, s. 8, and 11. |
NOV. 1809.
CHAP. 64. |
21. AND BE IT ENACTED, That all wagoners,
carters, and drivers
of carriages of all kinds, whether of burthen 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 road in the passing direction, leaving the
other side of the road free and clear for other carriages to pass and
repass; and if any wagoner, carter or driver, shall offend against
this provision, he shall forfeit and pay a sum not exceeding two
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.
See 1815, ch. 9, s. 7. |
Carriages to keep
to the right. |
22. AND BE IT ENACTED, That if any toll-gatherer
on the said
road shall demand from any person or persons using the said road
any greater rate or 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 county in which the
forfeiture shall be incurred, and the other 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.
See 1815, ch. 9, s. 7. |
Penalty for receiving
excessive toll. |
23. AND BE IT ENACTED, That if in the case
of any suit or prosecution
which shall be commenced under the directions of this act,
for any 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 justices before whom such suit or
prosecution shall be depending, or by action before the court of the
county, 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.
See 1815, ch. 9, s.7. |
Retribution to be
made for vexation
of unsuccessful
suits. |
24. AND BE IT ENACTED, 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 |
Suits to be commenced
within 3
months after fact
committed. |
VOL. II.
28
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