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to, and the said justice, at such time and place, by oath, or affir-
mation, of the said freeholders, enquire whether the said road
is in such good and perfect order and repair as is required by
this act, and shall cause an inquisition to be made under the
hands and seals of himself, and a majority of said freeholders,
and if the said road shall be found by the said inquisition dot
to be in such good order and repair as is by this act required,
he shall so certify and send one copy thereof to each of the
keepers of the gates between which the said defective place
shall be, and from thenceforth the tolls hereby granted, to be
collected shall cease to be demanded, paid or collected at such
gates, until such defective part or parts shall be put in such
good and perfect order and repair as aforesaid; and that no
tolls shall be collected until such repairs are made and allowed
by the justice of the peace aforesaid; and if any of the keepers
of the gates aforesaid shall take or attempt to accept any tolls
for the intermediate distance between the gates aforesaid, from
any traveler during the time said road shall continue to be out
of repair, such keeper shall forfeit and pay to the person who
shall prosecute for the same the sum of five dollars, to be re-
covered before any justice of the peace as other debts of equal
amount are recoverable; Provided also, that if the said road
shall not be put into good and perfect order and repair within
thirty days after the inquisition and notice aforesaid, the said
copy of said inquisition so taken as aforesaid, shall be by the
said justice sent to the court, of the county wherein such inqui-
sition was taken, and the said court shall thereupon cause pro-
cess to issue, and bring in the body or bodies of the person or
persons entrusted by the company with the care and manage-
ment of said part so complained of, and shall direct a bill of
indictment to be sent to the grand jury against the person or
persons entrusted as aforesaid, and upon conviction shall give
judgment according to the nature and aggravation of the of-
fence and neglect, as the said court in their discretion shall
think proper; provided that the fine in no case shall be less
than twenty dollars nor exceeding one hundred dollars, to be
recovered in the usual way that other fines for misdemeanors
are recovered in said county, to be paid over to the levy court
for the use of said county.
20. AND BE IT ENACTED, That the president and
managers shall keep fair and just accounts of all monies which
shall have been received by them from the said commissioners,
and from the said subscribers, for stock, of the said company,
on account of their several subscriptions, for all penalties for
delays in payment thereof, and of all and every other item by
them received, for the benefit of the said company, and also a
fair and just account of all monies by them expended, and to
be expended, in the prosecution of their work, and all contin-
gent expences of every nature whatsoever relative to carrying
on said work, and shall at least once in every year submit such
account to a general meeting of the stockholders, until said
road shall be completed, and until all the costs charges and ex-
pences effecting the same shall be fully paid and discharged,
and the aggregate amount of such expences shall be liquidated
and ascertained; and if upon such liquidation, or whenever the
whole capital stock shall be expended, it shall be found that the
capital stock will not be sufficient to compleat the said road, ac-
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Dec. Sess.
1815.
Accounts—
shares may be
increased.
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