1849.

LAWS OF MARYLAND.

CHAP. 196.

and horses drawing the same, for every cart or wagon,
whose wheels do not exceed the breadth of four inches,
one-eighth of a dollar for each horse drawing the same,
for every cart or wagon, whose wheels shall exceed in
breadth four inches and not exceeding seven inches, one-
sixteenth of a dollar for every horse drawing the same,
for every cart or wagon, the breadth of whose wheels
shall be more than seven inches and not more than ten
inches, five cents for every horse drawing the same, for
every cart or wagon, the breadth of whose wheels shall
be more than ten inches and lot exceeding twelve
inches, or being ten inches shall roll more than fifteen
inches, three cents for every horse drawing the same,
for every carl or wagon, the breadth of whose wheels
shall be more than twelve inches, two cents for every
horse drawing the same.

How oxen and
mules are to be
estimated.

SEC. 15. And be it enacted, That all such carriages
aforesaid, to be drawn by oxen in the whole, or partly
by horses and partly by oxen, two oxen shall be esti-
mated as equal to one horse in charging all the afore-
said tolls, and every mule as equal to one horse.

To be kept in
repair; penalty
for neglect.

SEC. 16. And be it enacted, That if the said com-
pany, after the said road is completed as aforesaid, 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 neighborhood
within the county where the repair ought to be made,
such justice shall issue a precept, to be directed to any
constable, commanding him to summon three disinter-
ested persons to be named by the said justice in the said
precept, 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 nearest thereto, and the
said justice snail at such time and place, on the oath or
affirmation 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 inqui-
sition to be made and certified under the hands of him-
self and a majority of 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 the keepers of the turnpike gate
on said plank or turnpike road, and from thenceforth
the tolls hereby granted to be collected at such plank or
turnpike gate shall cease to be demanded, paid or col-
lected, and the said gate shall be thrown open until the
said defective part or parts shall be put in good and per-