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turnpike nearest thereto; and the said justice shall, at such time and place, on the oaths or affirma-
tions 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 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 thenceforth 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 repair as aforesaid; and if
the same shall not be put in good and perfect order and repair before the next county court of said
county, the aforesaid justice shall certify, and send a copy of the inquisition 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 superintendence of such part of the
said road as shall be found defective, and if the said person or persons, intrusted by the company
aforesaid, shall be convicted of the offence by the said inquisition, the said court shall fine the
said person or persons according to the nature and aggravation 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 exceeding two hundred dollars, for the use of the
county, under the direction of the levy court.
XXI. 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 gates or bars, or along or over any private passage way, or other
ground near to or adjoining any turnpike gate which shall be erected in pursuance of this act, 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 plea-
sure, 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 president, managers and company, of the road on which said fraud shall or may be practised,
any sum not exceeding ten dollars, to be sued for and recovered, with costs of suit, before any jus-
tice of the peace, in like manner as debts of a similar amount may be sued for and recovered; pro-
vided always, that if any person or persons shall be prosecuted under this section, and the said pro-
secution 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
tollgatherer shall knowingly demand and receive any greater toll from any person or persons than
such tollgatherer is authorised to demand and receive by virtue of this act, such tollgatherer shall for-
feit and pay the sum of twenty dollars for every such offence, to the use of the county in which the
forfeiture is incurred, and for the payment of which the said company shall be responsible.
XXII. AND BE IT ENACTED, That the president and managers of the said company shall keep
fair and just accounts of all monies received by them from the said commissioners, and from the.
subscribers to the said undertakings, on account of the several subscriptions, and of all penalties
for delay in payment thereof, and of, the amount of the profits on the shares which may be
forfeited as aforesaid, and also all monies by them expended in the prosecution of their said
Work, and shall, once at least in every year, submit such account to a general meeting of the
stockholders, until the said road shall be complete, and until the costs, charges and expense,
of effecting the same, shall be fully paid and discharged, and the aggregate amount of such ex-
penses shall be liquidated and ascertained, and if, upon such liquidation, or when the capital
stock of the said company shall be nearly expended, it shall be found that the said capital stock will
be insufficient 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 meet-
ing, to be convened according to the provisions of this act or their own by-laws, to increase their
number of shares to such an extent as shall be deemed sufficient to accomplish the work, and re-
ceive subscriptions on original terms, and demand the money subscribed for such shares, in like man-
ner, and under like penalties, as are herein before provided for the original subscriptions, or us shall
be provided by their by-laws.
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C H A P.
XCVI.
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