| NOV. 1809. |
LAWS OF MARYLAND.
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 or repair before the next county court of
said county, the aforesaid judge 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
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 sid
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 on evading
payment of
tolls.
Proviso. |
23. 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 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 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, of the road on which the 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 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 |
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