|
Dec. Sess.
1815.
Sections
made applica-
ble.
Frauds to
evade tolls—
penalty.
Annual con-
tracts for tolls,
&c.
|
teenth section of the aforesaid act, and if the said road shall
be found by the freeholders not to be in repair, the tolls shall
cease to be demanded, paid or collected until the defective part
or parts of the said road shall be put in good order and repair;
and for taking or attempting to exact the tolls, the keepers of
the gates shall be liable to the penalty, and the persons interested
with the care and superintendance of such part of the said road
as shall be found defective shall be liable to be indicted and fined
in manner and form as is prescribed by the said fifteenth section.
7. AND BE IT ENACTED, That the nineteenth, twenty
first, twenty second, twenty third, twenty fourth and twenty
eighth sections of the aforesaid act shall extend and be applied
to the said company incorporated by the name of The Presi-
dent Managers and Company of the New-Castle and French-
Town Turnpike, and to their officers, agents and servants, and
to all other person or persons whatever to all intents and pur-
poses as if the same were inserted and particularly mentioned
in this act.
8. AND BE IT ENACTED, That if any person or per-
sons, owning riding or driving any carriage of burthen or plea-
sure, or owning riding leading or driving any horse mule or
ox, or driving any hogs, sheep or cattle, and shall with an in-
tent to evade or defraud the said company of the tolls, pass
therewith through any gate or bars, or along or over any other
private passage way, or along or over any 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 burthen from any carriage
of burthen or pleasure, or shall practice any other fraudulent
measure or devise with intent to evade or lessen the payment
of any such toll or duty, all and every such person or persons
offending in manner aforesaid, shall for every such offence res-
pectively, forfeit and pay to the said company the sum of fif-
teen dollars, to be sued for and recovered with costs of suit be-
fore any justice of the peace, as debts of the same amount are
recovered by the laws of this state.
9. AND BE IT ENACTED, That every person or persons
who shall prefer an annual contract for the use of the said road
shall be entitled for himself or herself, and his or her family
to all the benefits of the same, except as to stages and carriages
for the conveyance of persons for hire, and wagons for the
conveyance of goods, wares and merchandise for the sum of
one dollar pur mile annually, to be paid in such manner that a
quarterly payment shall always be in advance, and if any per-
son or persons who shall wish to make such contract, shall
think the annual sum aforesaid unreasonable and disproportion-
ate to the number of their family and their use of the said
road, the party so aggrieved or dissatisfied, and the president
of the said company shall each choose one disinterested person,
who shall decide what reduction shall be made from the annual
payment aforesaid, and in case the two persons so chosen can-
not agree, they shall choose a third person, and then the three
persons or a majority of them shall decide as aforesaid. Or in
case the said president shall neglect or refuse to choose a dis-
interested person for the space of five days, the person chosen
by the party aggrieved or dissatisfied as aforesaid, shall decide
|
