1797.

L A W S of M A R Y L A N D.

C H A P.

LXX.

Tolls may be
reduced, &c.

XXI. And be it enacted, That In cafe the faid tolls as hereby firft eftablifhed
fhall, In any one year from and after the term of two years after the completion
of the faid roads, exceed in net profits the fum of fifteen per centum per annum,
then the legiflature may, at any fubfequent feffion, and from time to time, re-
duce the faid tolls, provided that when thus reduced they fhall not yield in net
profits a lefs fum than fifteen per centum per annum, and in making fuch reduc-
tion they fhall be governed by the average of the clear income and profits arifing
from the tolls of the two years next preceding fuch reduction.

Tolls, if in-
creafed, may
be reduced,
&c.

XXII. And be it enacted, That in cafe the tolls fhall be increafed by the faid
prefident and directors, by virtue of the authority herein before given them, and
when fo increafed they fhall exceed in net profits the fum of fifteen per centum
per annum, that then and in fuch cafe the legiflature may, at any fubfequent fef-
fion, and from time to time, reduce the faid tolls, provided that when thus reduced
they fhall not yield in net profits a lefs fum than fifteen per centum per annum,
and in making fuch reduction they fhall be governed by the average of the clear
income and profits arifing from the tolls of the two years next preceding fuch
reduction clear of all expence.

Penalty for
not comply-
ing, &c.

XXIII. And be it enacted, That in cafe the faid prefident and directors fhall
not comply with the provisions of this act, in publifhing an account of the
expenditures and net proceeds femi-annually, and alfo in laying before the legifla-
ture every two years after the choice of the firft directors as aforefaid a ftatement,
upon oath, of their capital expended, and the profits arifing from the fame, they
fhall forfeit and pay, for each neglect, the fum of five hundred dollars.

Profecutions
may be car-
ried on, &c.

XXIV. And, for the punifhment of all offences created by this act, and com-
mitted by the corporation, or their agents, Be it enacted, That profecutions by
action fhall be carried on and profecuted againft the prefident in the county court
of the county in which the faid prefident fhall refide; and all fines or forfeitures
impofed by this act, which may affect other perfons, fhall be recovered by indict-
ment againft the party offending in the county court of the county in which he
or fhe fhall refide, and the fame, when received, fhall be paid to the ftate, or
to fuch perfon or perfons to whofe ufe the fame are by this act appointed; and if
any perfon fhall refufe to pay the toll or tolls impofed by this act, at the refpec-
tive places at which they may be demanded by law, or fhall evade the payment
thereof, by going round the toll-gates, fuch toll fhall be recovered by warrant,
iffued by any juftice of the peace of the county in which the payment of fuch
toll may be demanded by virtue of this act, or of the county in which fuch per-
fon fhall refide, and all fuch juftices are hereby authorifed and required to iffue
fuch warrants, on the application of the faid prefident and directors, or their
agents or toll-receivers, and to hear and determine the faid complaint, and to
pafs judgment, and award execution thereon, in the fame manner as they are au-
thorifed to proceed in other cafes by the act, entitled, An act for the fpeedy re-
covery of fmall debts out of court, and to repeal the acts of affembly therein
mentioned.

Tolls may be
leffened, &c.

XXV. And be it enacted, That the faid proprietors, or a majority of them,
holding at leaft one thoufand fhares, fhall have full power, at any general
meeting, to leffen faid tolls, or determine what article fhall pafs free of tollage.

And may be
farmed out,
&c.

XXVI. And be it enacted, That the faid prefident and directors fhall have
full power and authority from time to time to farm the faid tolls and toll-gates,
or any of them, for fuch term or terms, during the continuance of the faid cor-
poration, and upon fuch conditions, as they, in their difcretion, fhall deem ex-
pedient, provided that the fame fhall be ratified and confirmed by the general
meeting of the ftockholders that fhall next happen thereafter.

Penalty for
attempting to
avoid pay-
ments &c.

XXVII. And be it enacted, That if any perfon fhall drive any carnage or wag-
gon, cart or other carriage of burthen, round any turnpike gate, with intentions
to avoid the payment of the tolls, and if any perfon fhall lead or drive his riding