ROBERT BOWIE, ESQUIRE, GOVERNOR. NOVEMBER.

1804,

half yearly dividend made of the said clear profits as aforesaid, and of the time and place when and
where the same will be paid, and shall cause the same to be paid accordingly.

CHAP,
LI,

XXV. AND BE IT ENACTED, That all such carriages as aforesaid to be drawn by oxen in the
whole, or partly by horses and partly by oxen, two oxen shall be estimated as equal to one horse in
charging all the aforesaid tolls, and every mule as equal to one horse.

Two oxen esti-
mated as one
horse, &c.

XXVI. AND BE IT ENACTED, That if the said companies, after any of the said roads are com-
pleted as aforesaid, shall neglect to keep the said roads in good and perfect order for the space of
fifteen days, and information shall be given to any justice of the peace of the neighbourhood, 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 disinterested 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 roact, or any part thereof, is in
such good and perfect order and repair as aforesaid, and shall cause an inquisition to be made
and certified 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 repair, 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 turnpikes or gates between which such defective place shall be, and from thence-
forth the tolls hereby granted to be collected at such turnpikes or gates shall cease to be demanded,
paid or collected, until the said defective part or parts shall be put in good and perfect order and re-
pair as aforesaid; and if the same shall not be put in good and perfect order and repair before the
next county court of the said county, the aforesaid justice shall certify and send a copy of the inqui-
sition aforesaid to the judges of the county court, who shall thereupon cause to be brought before
them the body or bodies of the person or persons intrusted by the company with the care and super-
intendence of such part of the said road as shall be found defective, and if the said person or persons
intrusted by the company or companies aforesaid, shall be convicted of the offence by the said inqui-
sition charged, the said court shall fine the said person or persons, according to the nature and ag-
gravation of the neglect, in their discretion, 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 repaired within fifteen days after the aforesaid fine shall have been laid, then the said
court shall proceed to fine the said president, managers and company, in their discretion, not ex-
ceeding two hundred dollars, for the use of the county under the direction of the levy court.

Penalty for not
keeping roads
in repair, &c.

XXVII. 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 bars, or along or over any private gates or bars, or along
or over any private passage, way, or other ground near to or adjoining any turnpike gate erected, or
which shall be erected in pursuance of this act, or heretofore erected, with an intent to defraud the
company and avoid the payment of the toll or duty for passing through any such gate or turnpike, 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 pleasure, or practise any other
fraudulent means or device, with the intent that the payment of any such tolls or duty may be evaded
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 respective president,
managers and company, of the road on which said fraud shall or may be practised, any sum not ex-
ceeding 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 similar amount may be sued for and recovered; provided always, that if
any person or persons shall be prosecuted under this section, and the said prosecution shall not be
sustained 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 damages from delay
and vexatious prosecution, recoverable as other fines under this act; and if any toll-gatherer shall
knowingly demand and receive any greater toll from any person or 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 in-
curred, and for the payment of which the said company shall be responsible.

And for e-

vading pay-
ment of tolls
&c.

XXVIII. AND BE IT ENACTED, That the presidents and managers of the said companies shall
keep fair and just accounts of all monies received by them from the said commissioners, and from the

Fair accounts

to be kept, &c