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CHAP. 196.
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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 vex-
ation, prosecution, recoverable as other tines 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 forfeiture is incurred,
and for the payment of which the said company shall
be responsible; and provided also, that nothing herein
contained shall be construed to prevent any person 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 sustained.
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Capital may be
increased.
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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 ac-
count of all monies received by them from the said com-
missioners, and from the subscribers to the said under-
taking, on account of the several subscriptions, and all
penalties for delay in payment thereof, and of the a-
mount of the profits on the shares which may be per-
fected as aforesaid , and also all monies by them expended
in the prosecution of their 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 com-
pleted, and until all the costs, charges, and expense of
effecting the same shall he fully paid and discharged,
and the aggregate amount of such expenses shall be li-
quidated 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, ac-
cording to the true intent and meaning of this act, it
shall and may be lawful for the said president, mana-
gers and company, at a stated or special meeting, to be
convened according to the provisions of this act, or their
own bye-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 the money subscribed for such shares in like
manner and under like penalties as are hereinbefore
provided for the original subscriptions, or as shall be pro-
vided by their bye-laws.
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Drivers to take
right side of the
road; penalty
for neglect.
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SEC. 19. And be it enacted, That all wagoners and
drivers of carriages of all kinds, whether of burthen or
pleasure, using the said load, shall, except when passing
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