LAWS OF MARYLAND,

CHAP. 188

said person of persons intrusted by the company aforesaid,
shall be convicted of the offence by the said inquisition charg-
ed, the said court shall fine the said person or persons accord-
ing to the nature and aggravation of the neglect, in their dis-
cretion, 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 repair-
ed within fifteen days after the aforesaid fine shall have been
laid, then the said court shall proceed to fine the said presi-
dent, managers and company, in their discretion, not exceed-
ing two hundred dollars, for the use of the county, under the

Penalty for at-

tempting to de-

fraud of toll

direction of the levy court.
SEC. 17. And be it enacted, That if any person or persons
whomsoever riding in or driving any sulkey, chair or chaise,
phaeton, 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 bar, 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 turn-
pike, 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 plea-
sure, or practice any fraudulent means or device, with the in-
tent that the payment of any such tolls or duty may be evad-
ed 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
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

For instituting &c
not prosecuting

.

similar amount may be sued for and recovered: Provided al-
ways, That if any person or persons shall be prosecuted un-
der this section, and the said prosecution shall not be sus-
tained 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 dama-
ges from delay and vexatious prosecution, recoverable as
other fines under this act; and if any toll gatherer shall know-
ingly demand and receive any greater toll from any person or

For executing ille-
gal tolls.

persons than such toll gatherer is authorised 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 forfeiture is incurred, and
for the payment of which the said company shall be respon-

Further damages

sible: And provided also, That nothing herein contained shall
be construed to prevent any person so prosecuted, from main-
taining a civil action in any court of law of this state, having
cognizance thereof to recover damages far injury by such
person or persons sustained.