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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 com-
pany aforesaid, shall be convicted of the offence by the said inquisition charged, the said court shall
of the said person or persons according to the nature and aggravation of the neglect, in their dis-
cretion 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
resident, 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 gate or bars, or along or over 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 pay-
ment 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 cat-
tle, from any wagon or carriage of burthen or pleasure, 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 justice of the peace, in like manner as debts of a
similar 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 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 toll-gatherer shall knowingly demand and re-
ceive 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 forfeiture is incurred, and for the payment
of which the said company shall be responsible.
XXIL. 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 sub-
scribers to the said undertakings on account of the several subscriptions, and of all penalties for de-
lay 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 all the costs, charges and expence, of effecting the same, shall
be fully paid and discharged, and the aggregate amount of such expences: shall be liquidated and as-
certained, and if upon such liquidation, or when the capital stock of the said company shall be near-
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 presi-
dent, managers and company, at a stated or special meeting, to be convened according to the provi-
sions 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 subscriptions on original terms, and demand
re money subscribed for such shares, in like manner, and under like penalties, as are herein before
provided for the original subscriptions, or as shall be provided by their by-laws.
XXIII. AND BE IT ENACTED, That the court of inspection aforesaid shall, at the end of every
third year from the date of this incorporation, until two years next after the whole of the said road
shall be. completed, lay before the general assembly an abstract of the accounts of the said corpora-
tion, on the oath or affirmation of the persons intrusted by the company with keeping of the said
accounts, shewing the whole amount of their capital expended in the prosecution of the said worker
and of the income and profits arising from the said tolls, for and during the said respective period,
together with an exact account of the costs and charges of keeping the said road in repair, and all
other contingent costs and charges; so that the clear annual income and profits thereof may be as-
certained and known; and if at the end of two years after the said road shall be completed from the
beginning to the end thereof, it shall appear from the average profits of the said two years, that the
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C H A P.
LXXIX.
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