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Road to be
kept in good
repair — penal-
ties in case of
failure, &c.
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in good and perfect order for the space of fifteen
days, and information shall be given to any Jus-
tice of the Peace of the neighborhood, within the
county, where the repair ought to be made, such
Justice shall issue a precept to be directed to any
Constable commanding him to summon three dis-
interested persons, to be named by the said Jus-
tice in the said precept, to meet at a certain time
in the said precept to be mentioned, at the place in
the said road which shall be complained of, of
which meeting notice shall be given to the keeper
of the gate or turnpike nearest thereto, and the
said Justice shall at such time and place on the
oaths or affirmations of the said persons, inquire
whether the said road or any part thereof, is in
such good and perfect order and repair as aforesaid
and shall cause an inquisition to be made and cer-
tified under the hands of himself, and a majority
of the said persons, and if the road shall be found
by the said inquisition to be out of order and re-
pair, 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 turnpike or gates between which such defec-
tive place shall be, and from thenceforth the tolls
granted by the said act, of which this act is amend-
atory, to be collected at such turnpikes or gates,
shall cease to be demanded, paid or collected until
the said defective part or parts of said road 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 and repair before the next Cir-
cuit Court for said county, the aforesaid Justice
shall certify and send a copy of the inquisition
aforesaid, to the Judge of the said Circuit Court,
who shall thereupon cause to be brought before
him the body or bodies of the person or persons
entrusted by the company, with the care and su-
perintendence of such part of the said road as
shall be found defective, and if the said person or
persons entrusted by said company shall be con-
victed of the offence by the said inquisition charged
the said Judge of said court shall fine the said per-
son or persons according to the nature and aggra-
vation of the neglect, in his discretion, not exceed-
ing one hundred dollars for every week such place
shall have been out of order and repair ; and in
case the said company shall neglect to have the
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