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CHAP. 159.
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tion to each of the keepers of the turnpike gates between
which such defective place shall be, and from thenceforth
the tolls hereby granted to be collected at such turnpike
gate, shall cease to be demanded, paid or collected, and the
said gates shall be thrown open 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 be-
fore them, the body or bodies of the person or persons
intrusted by the company with the care and superinten-
dance of such part of the said road as shall be found defec-
tive; 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 courts shall fine the said
person or persons, according to the nature and aggravation
of the neglect, in their discretion, not exceeding one hun-
dred 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 county commissioners.
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Fine, &c.
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Sec. 17. And be it enacted, That if any person or per-
sons 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 bar, or along, or
over any private passage, way, or other ground near to or
adjoining any turnpike gate, which shall be erected in pur-
suance 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 per-
sons, 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 practice any
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 such fraud
shall or may be practised, any sum not exceeding ten dol-
ars, to be sued for and recovered, with costs of suit, before
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