|
CHAP.
CXXVIII.
|
their discretion, hold the excess thus arising above the said ten per centum in reserve, to meet any
future deficiency, or, it 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
per 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 the industry of the citizens.
XX. 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 president 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, and 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 ami
where the same will be paid, and shall cause the same to be paid accordingly.
XXI, 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.
XXII. 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 or
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 colle6\ed 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 cart 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 charged, 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.
XXIII. 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 passage way, or other
ground near to or adjoining any turnpike gate which shall be erected in pursuance of this act, with
un 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
|
