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any justice of the peace, in like manner as debts of a simi-
lar 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 sus-
tained 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 forfei-
ture is incurred, and for the payment of which the said
company shall be responsible; and provided also, that noth-
ing nerein contained shall be construed to prevent any per-
son so prosecuted, from maintaining a civil action in any
court of law of this State, having cognizance thereof to
recover damages for injury by such person or persons sus-
tained.
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CHAP. 159.
Provisoes.
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Sec. 18. And be it enacted, That the president and
managers of the said company, shall keep a fair and just
account of all monies received by them from the said com-
missioners, and from the subscribers to the said undertak-
ing, on account of the several subscriptions, and all penal-
ties for delay in payment thereof; and of the amount of
the profits on the shares which may be forfeited as afore-
said; and also all monies by them expended in the prosecu-
tion of their said work; and shall once at least in every
year, submit such an account to a general meeting of the
stockholders, until the said road shall be completed, and
until all the costs, charges and expense of effecting the same
shall be fully paid and discharged, and the aggregate amount
of such expenses 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, man-
agers and company, at a stated or special meeting, 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 receive subscription 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 as shall be provided by
their by-laws.
17
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President and
Managers to
keep account
of monies.
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