| NOV. 1809.
CHAP. 96. |
LAWS OF MARYLAND..
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 said county, the
aforesaid justices 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 superintendence
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, 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
toll.
Proviso. |
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
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 of 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 person, 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, 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 |
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