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horse or horses, ox or oxen, mule or mules, hog or
hogs, sheep or black cattle or other animal liable to
pay tolls round any such toll or turnpike gate, with
intent to evade the payment of the toll, such person, if a
free man, shall forfeit and pay two dollars for every
such offence, or if a servant or slave, the master or
mistress shall forfeit and pay one dollar to be recover-
ed as other small debts now are or may be recover-
able.
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CHAP.220.
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SEC. 14. And be it enacted, That if any part of said
road, bridges, culverts or causeways upon which tolls
shall have been received shall be and continue to be
for the space of ten days put of good and perfect order
and repair, and information thereof shall be given to
any justice of the peace of the county where such road
lies such justice shall issue a precept to be directed
to the sheriff of the said county commanding him to
summon three judicious inhabitants of said county to
meet at a certain time in said precept to be mentioned
at the place on said road, bridge, culvert or causeway
of which complaint is made, not notice of which meeting
shall also be given to the keeper of the toll gate, near-
est thereto, and the said justice shall at said time and
place, by the oath or affirmation of said inhabitants, en-
quire whether said road, bridge, culvert or causeway
of any part thereof is in such good and perfect order,
and repair as aforesaid, and shall cause an inquisition
to be made out under the hands of himself and majority
of said inhabitants, and if the said road, bridge, culvert
of causeway shall be found by them to be a good
and perfect order and repair the party making com-
plaint shall pay all the cost and charge's of the proceed-
ings, but if said road, bridge, culvert or causeway
shall be found by said inquisition to be out of order
and repair according to the true intent and meaning of
this act, the said justice shall certify and send one copy
of said inquisition to each of the keepers of the toll
gates between which such defective place, may be, and
from thenceforth the tolls hereby granted to be, collec-
ted at such gates for passing the interval of road be-
tween them shall cease to be demanded, paid or col-
lected at such toll gates until the said defective part or
parts of said road, bridge, culvert or causeway shall
be put into good and perfect order and repair as afore-
said, to be certified to by said justice, or a majority of
said inhabitants, and if the same shall not be put into
such order and repair before the next meeting of the
county court of the county where the same lies, the
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Liability of
company if the
road is not kept
in good order
—Mode of as-
certaining the
fact.
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