JOHN FRANCIS MERCER, ESQUIRE, GOVERNOR. NOVEMBER.

1801.

X. AND BE IT ENACTED, That the term of ten years be allowed the aforesaid company for
completing the aforesaid road, and when the said road shall be completed, in the manner herein
before directed, it shall and may be lawful for the aforesaid company to demand and receive double
the tolls herein before mentioned upon each article herein before mentioned.

CHAP.
LII.

Ten years al-
lowed, &c.

XL AND BE IT ENACTED, That if any part of the said road, bridges or causeways, upon which
tolls shall have been received, shall be and continue to be out of good and perfect order and repair
for the space of ten days, and information thereof shall be given to any justice of the peace for the
neighbourhood, such justice shall issue a precept, to be directed to any constable, commanding
him to summon three judicious freeholders, to meet, at a certain time in the said precept to be
mentioned,, at the place in the said road, bridge or causeway, of which complaint is made, notice
of which meeting shall also be given to the keeper of the gate or turnpike nearest thereto, and the
said justice shall, at such time and place, by the oaths or affirmation of the said freeholders, inquire
whether the said road, bridge or causeway, or any part thereof, are in such good and perfect order
and repair as aforesaid, and shall cause an inquisition to be made, under the hand of himself and of
a majority of the freeholders, and if the said road, bridge or causeways, shall be found by the said
inquisition to be out of order and repair, according to the true intent and meaning of this act, he.
shall certify and send one copy of the said inquisition to each of the said keepers of the turnpike
gates between which such defective places shall be, and from thenceforth the tolls hereby granted,
to be collected at such turnpikes or gates for passing the interval of road between them, shall cease
to be demanded, paid or collected, at such turnpikes or gates, until the said defective part or parts
of the said road, bridge or causeway, shall be put into good and perfect order and repair as aforesaid,
and if the same shall not be so put into good and perfect order before the meeting of nhe next
court to be held for Allegany county, the said justice shall certify and send a copy of the said in-
quisition to the justices of the court aforesaid, who shall thereupon cause process to issue, return-
able at any time during the said court, or the first day of the ensuing court, as the court may think
proper, to summon any person intrusted by the said company with the care and superintendence
of the said road within the limits of the county aforesaid, which process being returned "executed,"
the person summoned thereby shall immediately thereafter plead to issue to the inquisition afore-
said, and a jury shall immediately be empannelled to try the same, who, if they shall find the facts,
contained in the inquisition to be true, shall fine said person so having the superintendence of the
said road according to the nature and degree of neglect, not exceeding fifty dollars, which fine, to-
gether with the costs imposed by the prosecution upon the said person, shall be recovered in the
same manner as fines are usually recovered in the court aforesaid, and shall ,be applied to the re-
duction of the county levy ; and in case the person so fined as aforesaid should be insolvent for the
whole or any part of the fine aforesaid, the company shall be responsible for the same, to be reco-
vered in the name of the state, by action of debt or information, in any court of record within this;
state.

Justice, in car-
tain cases, may
issue a precept;,
&c..

XII. AND BE IT ENACTED, That the president and managers of the said company shall keep just
and fair accounts of all monies to be received by them from the persons appointed to take subscrip-
tions, and from the subscribers to the said undertaking on account of their several subscriptions, of
all penalties for delay in the payment thereof, and of the amount of the profits on the shares which
may be forfeited as aforesaid, and also of all monies by them to be expended in the prosecution
of their said work, and shall, once at least in every year, submit such accounts to a general
meeting of the stockholders, until the said road be completed, and until all the coats, charges
and expences, of effecting the same, shall be fully paid and discharged; and the aggregate account
of such expences shall be liquidated and ascertained, and if upon such liquidation, or whenever
the whole capital stock of the said company shall be nearly expended, it shall be found that the
said capital stock will not be sufficient to complete the said road, according to the true intent and
meaning of this act, it shall and may be lawful for the said president, managers and company, at
a stated or special meeting, to be convened according to the provisions of this, act, or their own
by-laws, to increase the number of shares to such extent as shall be deemed sufficient to accom-
plish the work, and to demand and receive the monies subscribed for such shares in like manner,
and under the like penalties, as are herein before provided for the original subscriptions, or as
shall be provided for by their by-laws.

President, &c~
to keep juft
accounts, &®.

XIII. AND BE IT ENACTED, That the said president, managers and company, shall also keep a .
just and true account of all and every the monies to be received by their several and respective col-

lectors of tolls at the several gates or turnpikes on the said road, and shall make and deliver a divi-
dend of the clear profits and incomes thereof, (all contingent costs and charges being first deduct-
K ed,)

Also of moniel
received by
their collector.! ^
See.