|
A. W. BRADFORD, ESQUIRE, GOVERNOR.
be excepted to, or objection thereto be filed with
the intent and design of defeating, setting aside or
quashing the same, in the court or courts above,
having jurisdiction, for or on account, or in conse-
quence of any matter of form, omission, techni-
cality ,or irregularity, (other than gross or mani-
fest fraud in obtaining or returning the said in-
quisition,) such matter of form, omission, techni-
cality or irregularity, shall not be construed a new
pursuance of the directions of the charter, within
the sense and meaning of the aforesaid clause.
|
355
|
|
Sec. 3. And be it further enacted, That in all suits
to recover toll hereafter a copy of inquisition as
aforesaid duly certified by the Justice of the Peace
before whom the said inquisition hath been found,
or in the event of his inability by death or otherwise
his judicial representative, shall be admissible in
evidence to show the condition and state of the
Baltimore and Harford Turnpike, or the part or
parts, portion or portions, place or places, nearest
the gate or house at which the toll was demanded
and sought to be recovered, and constitute a good
and sufficient bar, to every such suit or pretended
right of action or recovery ; unless it shall be made
to appear as a matter of judicial record that said
inquisition hath been set aside for gross or mani-
fest fraud in obtaining the same, or by competent
legal testimony, that the right of the plantiff to
recover as narrated arose before the finding of the
said inquisition, and if the plantiff shall introduce
evidence to prove that within fifteen days after the
service of a copy of the inquisition, the part or
parts, portion or portions, place or places of the
said Baltimore and Harford Turnpike found to be,
and described by the said inquisition to be, out of
order and repair, have been caused to be put, and
placed in good and perfect order and repair, in a
masterly and workmanlike manner as aforesaid,
then and in that event it shall be competent for
the defence to rebut such evidence by counter tes-
timony, and such trials shall be conducted in all
respects as other matters, of fact and law, and the
same principles of evidence and of the common
law regulate them as other matters passed upon,
weighed, determined and tried before a court and
jury.
|
Suits for the
collection of
toll — evidence,
&c.
|
