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Session Laws, 1809
Volume 570, Page 56   View pdf image
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1809.

NOVEMBER LAWS OF MARYLAND.

C H A P.
XCVI.

per, and where there may seem reasonable cause to suspect that any cart, wagon, or other carriage
of burthen, carries a greater weight than is or shall be by law allowable, it shall be lawful for the
tollgatherers, or other persons in their service or employment, to prevent the same from passing
such gate or turnpike until such cart, wagon, or other carriage of burthen, shall be drawn into the
fixed or erected scales at or near any such gate or turnpike, and the weight or burthen drawn there-
in ascertained by weighing, and if the person or persons driving or having care or charge of any
such cart, wagon, or other carriage of burthen, shall refuse to drive the same into any such scales
for the purpose aforesaid, the person or persons so refusing shall forfeit and pay to the said president,
managers and company, any sum not less than five dollars nor more than eight dollars, to be reco-
vered in the manner herein after mentioned.

XVI. AND BE IT ENACTED, That no wagon or other carriage with four wheels, the breadth of whose
wheels shall not be four inches, shall be drawn along the said road with a greater weight thereon than
two and one half tons; that no such carriage, the breadth of whose wheels shall not be seven inches,
or being six inches or more shall roll at least ten inches, shall be drawn along the said read with more
than five tons; that no such carriage, the breadth of whose wheels shall not be ten inches or more,
or being less shall not roll at least twelve inches, shall be drawn along the said road with more than;
eight tons; that no cart or other carriage with two wheels, the same breadth of wheels as the wa-
gons aforesaid, shall be drawn along the said road with more than half the burthen or weight afore-
said; and if any cart, wagon, or carriage of burthen whatsoever, shall be drawn along the said road
with a greater weight than is hereby allowed, the owner or owners of such carriage, if the excess of
burthen shall be three hundred weight or upwards, shall forfeit and pay four times the customary
tolls for the use of the company; provided always, that it shall and may be lawful for the said com-
pany, by their by-laws, to alter any or all the regulations herein contained respecting the burthens,
or carriages, to be drawn over the said road, and to substitute other regulations, if upon experiment
such alterations shall be found conducive to the public good; provided nevertheless, that such regu-
lations shall not lessen the burthen of carriages above described.

XVII. AND BE IT ENACTED, That the treasurer of the western shore be, and he is hereby con-
stituted, a court of inspection; and it shall and may be the duty of the said company, once every
year, (and oftener if required by the court, ) to lay before the same a correct and methodical account
of their disbursements and expenditures, and of the amount of tolls collected and Received on the
said road for and during the twelve months preceding, and whenever the tolls shall, during two fol-
lowing years, exceed ten per centum, free of ail charges on the institution, the said court shall, at
their discretion, hold the excess thus arising above the said ten per centum in reserve, to meet any
future deficiency, or, if in their judgment, a continuance of the then tolls would produce a like an-
nual excess, to lower the tolls, or any of them, so as to bring the aggregate on the said road to ten
fer centum per annum, and the said court may, in their discretion, on the representation of the
aforesaid company, revise the tolls herein established, so as to render them in their operation more
favourable to the commerce and industry of the citizens.

XVIII. AND BE IT ENACTED, That the stockholders of the present company shall be entitled to
receive ten per centum per annum, and no more, over and above all charges and deductions whatso-
ever; and the preside in and managers of the said company shall keep a just and true account of all
and every the monies received by their several and respective collectors of tolls at the several and
respective gates and turnpikes on the said road, from the beginning to the end thereof, which ac-
count shall be upon oath, or affirmation, as the case may be, and shall make a dividend of the clear
profits and income thereof, not exceeding ten per centum in any year, among all the stockholders of
every description, an 1 shall, on the first Monday in May and November in every year, publish the
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.

XIX. 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.

XX. AND BE IT ENACTED, That if the said company, after the said road is completed as afore-
said, shall neglect to keep the said road 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, com-
manding him to summon three disinterested persons, to be named by the said justice in the said pre-
cept, 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 er



 
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Session Laws, 1809
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