J O H N H E N R Y, Efquire, Governor.

1797.

horfe, liable to tolls, round any fuch turnpike gate, with intent to evade the
payment of the toll, fuch perfon, if a free man, fhall forfeit and pay two
dollars for every fuch offence, or if a fervant or flave, the mafter or miftrefs fhall

forfeit and pay one dollar.

C H A P.

LXX.

XXVIII. And be it enacted, That if any part of the faid roads, bridges or caufe-
ways, upon which tolls fhall have been received, fhall be and continue to he out
of good and perfect order and repair for the fpace of five days, and information
thereof fhall he given to any juftice of the peace of the neighbourhood, fuch
justice 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, bridge or caufeway, 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 faid juftice fhall, at fuch time and
place, by the oaths or affirmations of the faid freeholders, inquire whether the
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 he made, under the
hands of himfelf and of a majority of the faid freeholders, and if the faid road,
bridge or caufeway, fhall he 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 or
caufeway, fhall be put in good and perfect order and repair as aforefaid; and if
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
or his deputy, fhall he put, on which action the fame proceedings
had as in other fuits of law; and if it fhall appear that the neglect charged
in the faid inquifition is well founded, the faid court fhall give judgment, ac-
cording 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.

Juftice, in
certain cafes,
may iffue a
precept, &c.

XXIX. And be it enacted, That it fhall and may be lawful for every of the
faid proprietors to transfer his or her fhares, by fuch deed, and in fuch form, as
the corporation by ordinance fhall direct.

Shares may
be transfer-

ed, &c.

XXX. And be it enacted That in cafe any perfon fhall die integrate, hold-
ing any fhare or fhares in the faid corporation funds, the adminiftrator or ad-
miniftrators of fuch inteftate, or the furvivor or furvivors of them, hall 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 or 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 be fubject to the fame
difpofition as other perfonal property of the faid inteftate.

Adminiftra-

tor may hold,
&c.

XXX I. And be it enacted, That as foon as the faid company fhall have
perfected the faid roads, or either of them, for any diftance not lefs than ten
miles, and fo from time to time any other like diftance progreffively, they fhall
give notice thereof to the governor of this ftate, who fhall thereupon appoint

three fkilful 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 affirmative, 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 or roads as will be neceffary to
collect the tolls and duties herein granted to the faid company.

When per-
fected, notice
to be given,
&c.