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C H A P.
LXV.
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XXV. Be it enacted, That if any part of the faid road, bridges or
ways, from which tolls fhall have been received, fhall be and continue to be out
of good and perfect order and repair for the fpace of five days, and information
thereof fhall be given to any juftice of the peace of the neighbourhood, fuch
juftice fhall iffue a precept, to be directed to any fheriff, commanding him to
fummon three judicious freeholders, to meet at a certain time in the faid precept
to be mentioned, at the place in the faid road, bridges or caufeways, of which
complaint is made, notice of which meeting fhall alfo be given to the keeper of
the gate or turnpike neareft thereto; and the fold juftice fhall, at fuch time
place, by the oaths or affirmations of the faid freeholders, inquire whether
faid road, bridge or caufeway, or any part thereof, are in fuch good and perfect
order and repair as aforefaid, and fhall caufe an inquifition to be made, under
hands of himfelf and of a majority of the faid freeholders, and if the faid road,
bridge or caufeway, fhall be found by the faid inquifition to be out of order and
repair, according to the true intent and meaning of this act, he fhall certify and
fend one copy of the faid inquifition to each of the keepers of the turnpike gates
between which fuch defective place fhall be, and from thenceforth the tolls here-
by granted to be collected at fuch turnpikes or gates, for paffing the interval of
road between them, fhall ceafe to be demanded, paid or collected, at fuch turn-
pikes or gates, until the faid defective part or parts of the faid road, bridge
caufeway, fhall be put in good and perfect order and repair as aforefaid; and
the fame fhall not be fo put into good and perfect order before the meeting of the
next court of the county wherein the prefident of the company fhall refide, the
faid juftice fhall certify and fend a copy of the faid inquifition to the judges
of the faid court, and the faid court fhall thereupon order capias ad refpon-
dendum againft the faid prefident, to which the name of the attorney-general
or his deputy, fhall be put, on which action the fame proceedings fhall be
had as in other fuits at law; and if it fhall appear that the neglect charged
in the faid inquifition is well founded, the faid court fhall give judgment,
according to the nature and aggravation of the neglect, and fhall proceed
to fine the faid prefident and company in any fum not exceeding two hundred
dollars.
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Shares may-
be transfer-
ed, &c.
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XXVI. And be it enacted, That it fhall and may be lawful for every of the
faid proprietors to transfer his or her fhare or fhares, by fuch deed, and in fuch
form, as the faid prefident and directors by ordinance fhall direct.
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Adm
tor m
&c.
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XXVII. And be it enacted, That in cafe any perfon fhall die inteftate, hold-
ing any fhare or fhares in the faid corporation lands, the admiftrator or ad-
miniftratsrs of fuch inteftate, or the furvivor or furvivors of them, fhall hold
the fame intereft in the faid funds, and be entitled to all the benefits thereof, as
the faid inteftate in his life fhall have had held therein, and fhall be and are
hereby authorifed and empowered to transfer the fame, or make fale thereof, in
his, her or their own name or names, and the fame fhall be fubject to the fame
difpofition as other perfonal property of the faid inteftate.
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When per-
fected, notice
to be given,
&c.
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XXVIII. And be it enacted, That fo foon as the faid company fhall have
perfected the faid road for any diftance not lefs than ten miles, and fo from time
to time any other like diftance progreffively, they fhall given notice thereof to the
governor of this ftate, who fhall thereupon appoint three fkillful and judicious
perfons to view and examine the fame, and report to him, in writing, whether
the faid road is fo far executed in a mafterly workman-like manner, according to
the true intent and meaning of this act, and if their report fhall be in the affir-
mative, then the governor fhall, by licence under the feal of the ftate, permit
and fuffer the faid company to erect and fix fuch and fo many gates and turnpikes
acrofs the faid road will be neceffary to collect the tolls and duties herein
granted to the faid company.
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