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DEC. SESS.
1813.
Persons e-
vading this
law. Penalty.
How to be re-
covered.
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and every ass or mule as equal to one horse in charging
the aforesaid tolls.
13. AND BE IT FURTHER ENACTED, by the au-
thority aforesaid, That it any person or persons owning,
riding in or driving any carriage of burden or pleasure
as aforesaid, or owning, riding, leading or driving any
horse or mule, or driving any hogs, sheep or cattle as
aforesaid, shall with an intent to defraud the said compa-
ny, or to evade the payment of any of the tolls or duties
as aforesaid, pass therewith through any private gate or
bar, or along or over any private passage, way, or along
or over any other ground or land near to or adjoining
any turnpike or gate, which shall be erected in pursuance
of this act, or if any person or persons shall, with the
intent aforesaid, take off or cause to be taken off any
horse or other beast, or cattle of draught or burden from
any carriage of burden or pleasure, or shall practise any
other fraudulent means or device, with the intent to evade
or lessen the payment of any such toll or duty, all and eve-
ry such person or persons offending in manner aforesaid,
shall for every such offence respectively, forfeit and pay
to the president, managers and company of the Balti-
more and Strasburg turnpike road, the sum of fifteen
dollars, to be sued for and recovered with costs of suit,
before any justice of the peace in like manner, and sub-
ject to the same rules and regulations as debts of equal
amount are or may be by law recoverable.
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Repairs. Pe-
nalty of neg-
ect.
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14. AND BE IT FURTHER ENACTED, by the au-
thority aforesaid, That if the said company shall neglect
to keep the said road in good repair for the spare of ten
days, and information thereof shall be given to any two
justices of the peace for the proper county, such justices
shall issue a precept to he directed to any constable,
commanding him to summon five judicious and disinter-
ested free holders, to he named by said justices, to meet
at a certain time in the said precept, to be mentioned at
the place in the road, which is complained of, of which
meeting notice shall be given to the keeper of the gate
or turnpike nearest thereto; and the said justices snail
at such time and place, by the oaths or affirmations of the
said freeholders, enquire whether the said road or any
part thereof is in such good repair as aforesaid; and shall
cause an inquisition to be made under their hands and
seals, and under the hands and seals of the said free-
holders, and if the said road shall be found by the said
inquisition to be out of repair, contrary to the true in-
tent and meaning of this act, they shall so certify, and
send one copy of the said inquisition to each of the keep-
ers of the turnpikes or gates between which said detec-
live place shall be, and from thenceforth the tolls hereby
granted to be collected at such turnpikes or gates for the
intermediate distance between them, shall cease to be de-
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