WM. T. HAMILTON, ESQUIR, GOVERNOR.

339

horses 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 ground near to or adjoining any turnpike

gate erected, or which shall be lawfully erected

on said road, with the intent to defraud the said

company, or to avoid the payment of the tolls or

Not to avoid

duty for passing through any such gate or turn-

payment.

pike; or if any person or persons shall, with such

intent, take oft' or cause to be taken off, any horse,

mare, gelding, or other cattle, from any wagon or

carriage of burthen or pleasure, or practice any

other fraudulent means or device with the intent

that the payment of such tolls or duty may be

invaded or lessened, all and every person or per-

sons, in all, every or any of the ways or manners

aforesaid, offending or doing, shall for every such

offence respectively forfeit and pay to the said

Forfeiture.

company any sum not exceeding ten dollars, to be

sued for and recovered with coats of suit before

any justice of the peace of the county in which

such offence may have been committed, in like

manner as debts of a similar amount may by law

be sued for and recovered; and if any toll gatherer

shall knowingly demand and receive any greater

toll from any person or persons than such toll

gatherer is authorized to demand and receive by

virtue of this act, such toll gatherer shall forfeit

and pay the sum of twenty dollars for every such

offence to the use of the county in which the for-

feiture is incurred, and for the payment of which

said company shall be responsible.

SEC. 12. And be it enacted, That the sale of the

properties and franchises of the said Liberty and

New Windsor Turnpike Company, and the reor-

ganization of said company under the provisions

of this act, shall not abate any suit or action

Not able sutta

depending in any of the courts of this State at

the time of any such sale, but all such suits and

actions may be prosecuted or defended by such

reorganized or new company as fully and in the

same manner as if no such sale had taken place.

SEC. 13. And be it enacted, That this act shall

take effect and be in force from and after the date