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tendance of such part of the said road as shall be found defective,
and if the said person or persons, intrusted by the companies afore-
said, shall be convicted of the offence by the said inquisition char-
ged, the said court shall fine the said person or persons according
to the nature and aggravation of the neglect, in their discretion,
not exceeding one hundred dollars for every week such place shall
have been out of order and repair; and in case the said company
should neglect to have the said place repaired within fifteen days
after the aforesaid fine shall have been laid, then the said court
shall proceed to fine the said president, managers and company, in
their discretion, not exceeding two hundred dollars, for the use of
the county under the direction of the levy court.
23. And be it enacted, That if any person or persons whomsoever,
riding in, or driving any sulkey, chair or chaise, phaeton, cart, wagon,
wain, sleigh, sled, or other carriage of burthen or pleasure, riding or
leading any horse, mare or gelding, or driving any hogs, sheep or cat-
tle, shall therewith pass through any private gate or bars, or along
or over any private passage way, or other ground near or adjoining
any turnpike gate which shall be erected in pursuance of this act,
with an intent to defraud the company, and avoid the payment of
the toll or duty tor passing through any such gate or turnpike, or
if any person or persons shall with such intent take off, or cause to
he taken off, any horse, mare or gelding, or other cattle, from any
wagon or carriage of burthen or pleasure, or practice any other
fraudulent means or device, with the intent that the payment of
any such tolls or duty may be evaded or lessened, all and every
person or persons, in all, every, or any of the ways or manners
aforesaid offending, shall for every such offence respectively for-
feit and pay to the said respective president, managers and com-
pany, of the road on which said fraud shall or may be practised,
any sum not exceeding ten dollars, to be sued for and recovered,
with costs of suit, before any justice of the peace, in like manner
as debts of a similar amount may be sued for and recovered: Provi-
ded always, that if any person or persons shall be prosecuted un-
der this section, and the said prosecution shall not be sustained on
the part of the prosecutor, then and in such case the. person or per-
sons prosecuted as aforesaid shall receive from the company the
sum of twenty dollars in lieu of damages from delay and vexatious
prosecution, recoverable as other fines 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 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.
24. And be it enacted, That the president and managers of the
said company shall keep fair and just accounts of all monies re-
ceived by them from the said commissioners, and from the subscri-
bers to the said undertakings, on account of the several subscrip-
tions, and of all penalties for delay in payment thereof, and of the
amount of the profits on the shares which may be forfeited as
aforesaid, and also all monies by them expended in the prosecution
of their said work, and shall once at least in every year submit
such account to the general meeting of the stockholders, until the
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Dec. Ses. 1817
Penalty on
persons at-
tempting to e-
vade the tolls.
Proviso.
Account*—,
shares may be
increased.
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