FRANK BROWN, ESQUIRE, GOVERNOR.

773

Road Company, of Frederick County, State of Maryland, be
and is hereby authorized and empowered, as to the whole
extent of their road, between the termini thereof, to assess
annually upon each individual or person habitually using their
said road between the toll-gates thereof, and not passing or
going through any of such toll gates, such amount, to be paid
quarterly by the individual or person so assessed, as shall be
just and reasonable for such use of said road, and shall have
power to collect the same before any justice of the peace of
the county in which such individual may reside or do busi-

Payment of
toll.

ness, on an action of debt; provided, that such assessment
shall only be construed to extend to the use of said roads by
said parties so assessed, at such times or trips as they shall not
pass through any toll-gate on said road; and that whenever
any such parties so assessed shall pass through any such toll-
gate, they shall be chargeable with the regular rates of toll ;
and provided, that no person passing from part of his farm to
another part thereof shall be charged with toll.

Proviso.

SEC. 2. And be it enacted, That if any person or persons
whomsoever, riding or driving any animal or thing for which
tolls are prescribed by the act incorporating this company,
shall pass through any private gate or bar, passage-way or
other ground, or having traveled over a part of the road of
this company with a team of horses or other animals for which
tolls are prescribed, shall, when approaching a toll-gate of
said company, detacli a part thereof with the intent to defraud
the said company, or avoid the payment of the toll or duty
for passing through any of its gates or over its turnpikes, such
person or persons, in all or any of the ways or means so offend-
ing, shall for every such offense respectively forfeit and pay to

Avoiding the
payment of
toll.

said company any sum not less than two nor more than five
dollars, to be sued for and recovered with cost of suit, before
any justice of the peace of the county wherein such party
offending may reside or do business, in like manner as debts of
a similar amount may be sued for and recovered, and with the
same right of appeal as in such cases.

Approved April 6th, 1894.

Penalty.