ing too much

officers, that he, she or they have travelled a less distance than he, she or they have actually travelled along the said road, with intent to defraud the said company of its toll or any part thereof, such person or persons shall for every such offence, forfeit and pay to the use of the said company the sum of sixteen dollars; and if any toll-gatherer shall demand penalty on tolland receive toll, for a greater distance than the gatherers askperson of whom such toll is demanded, shall toll; have travelled along the said turnpike road, or shall demand and receive greater toll from any person or persons, than such toll-gatherer is authorised to demand and receive by virtue of this act, such toll-gatherer shall forfeit and pay the sum of twenty dollars for every such offence, to the use of the poor of the town- appropriation ship in which the forfeiture is incurred, and thereof for the payment of which the said company shall be responsible.

burthen of

waggons and

el during the

Sec. 12. And be it further enacted by the au thority aforesaid, That no waggon or other Description & carriage with four wheels, the breadth of which wheels shall not be four inches, shall be drawn carriages per.. along the said road, between the first day of mitted to trav November, and the first day of May follow- several specifi ing in any year, with a greater weight there ed seasons. on than two and a half tons, or with more than three tons the residue of the year; that no such carriage, the breadth of whose wheels shall not be seven inches, or being six inches or more, shall not roll at least ten inches, shall be drawn along the said road between the first days of November and May, with more than three and a half tons, or with more than four tons during the residue of the year; that no such carriage, the breadth of hose wheels shall not be ten inches or more,

or

or being less, shall not roll at least two ches, shall be drawn along the said ro tween the first days of November and with more than five tons, or with mor five and a half tons, during the residue year; that no cart or other carriage wit wheels, the breadth of which shall not b inches, shall be drawn along the said roa a greater weight thereon than one and a d tons, between the said first days of N ber and May, or with more than one half tons during the residue of the year no such carriage whose wheels shall the breadth of seven inches, shall be along the said road with more than two half tons, between the first days of N ber and May, or with more than thre during the residue of the year; that no carriage, whose wheels shall not be o breadth of ten inches, shall be drawn the said road between the first days of N ber and May, with more than three and tons, or with more than four tons duri residue of the year; that no greater v than seven tons shall be drawn alon said road in any carriage whatever, be the said first days of November and nor more than eight tons during the r of the year; that if any cart, waggon riage of burden whatsoever, shall be ́along the said road with a greater weight is hereby allowed, the owner or owners of carriage, shall forfeit and pay four tim customary toll to the use of the com Froviso that Provided always, That it shall and m these regula- lawful for the said company by their bye. tions may be altered by bye- to alter any or all of the regulations

Jaws.

contained, respecting the burdens on car to be drawn over the said road, and to

S

stitute other regulations, if upon experience such alterations shall be found conducive to

to lessen the

the public good: Provided always, That such But not so as regulations shall not lessen the burdens of burdens of carriages above described.

carriages.

to be estimated

Sec. 13. And be it further enacted by the authority aforesaid, That all such carriages as In charging aforesaid, to be drawn by oxen in the whole tolls two oxen or partly by horses, and partly by oxen, two as one horse, oxen shall be estimated as equal to one horse and every in charging all the aforesaid tolls, and every horse. mule as equal to one horse.

mule as one

Proceedings in

in good order.

Sec. 14. And be it further enacted by the authority aforesaid, That if the said company case the comshall neglect to keep the said road in good pany do not and perfect order for the space of five days, keep the road and information thereof, shall be given to any justice of the peace of the neighbourhood, within the county where the repair ought to be made, such justice shall issue a precept to be directed to any constable, commanding him to summon three disinterested persons to meet at a certain time, in the said precept to be mentioned, at the place in the said road which shall be complained of, of which meeting notice shall be given to the keeper of the gate or turnpike nearest thereto within the said county, and the said justice shall at such time and place on the oaths or affirmations of the said persons, enquire whether the said road or any part thereof is in such good and perfect order and repair as aforesaid, and shall cause an inquisition to be made under the hands of himself and a majority of the said persons, and if the said road shall be found by the said inquisition to be out of order and repair, contrary to the true intent and VOL. V. 3 G meaning

meaning of this act, the said justice sha tify and send one copy of the said sition, to each of the keepers of the pikes or gates between which such dei place shall be, and from thenceforth th hereby granted to be collected at such pikes or gates shall cease to be dema paid or collected, until the said defectiv or parts of the said road, shall be put in and perfect order and repair as aforesai if the same shall not be so put into go perfect order and repair before the next ral court of quarter sessions of the pea be held for the county in which the is proved to be, the aforesaid justices certify and send a copy of the inqui aforesaid, to the justices of the said and the said justices shall thereupon process to issue, and bring in the bo bodies of the person or persons entrust the company, with the care and superin ance of such part of the said road, as sh so found defective, and shall proceed th as in cases of supervisors of the highway neglect of their duty, and if the pers persons entrusted by the said compan aforesaid, shall be convicted of the offer the said inquisition charged, the said shall give judgment according to the n and aggravation of the neglect, as acco to right and justice would be proper in case of supervisors of the highways nes ing their duties, and the fines and pen so to be imposed shall be recovered in the manner as fines for misdemeanors are usual covered in the said court, and shall be paid t supervisors of the highways of the tow wherein the offence was committed, to b

plied to repairing the public roads within such township.

persons at

ment of tolls.

Sec. 15. And be it further enacted by the authority aforesaid, That if any person or persons Penalty on whomsoever, owning, riding in, or driving tempting to any sulkey, chair or chaise, phaton, cart, evade the paywaggon, wain, sleigh, sled or other carriage of burden or pleasure, riding or leading any horse, mare or gelding, or driving any hogs, sheep or other cattle, shall therewith pass through any private gates or bars, or along or over any private gates, or bars, or along or over any private passage, way or other ground near to, or adjoining any turnpike, or gate erected, or which shall be erected: in pursuance of this act, with an intent to defraud the company and avoid the paymentof the toll or duty, for passing through any such gate or turnpike, or if any person or persons shall with such intent take off, or cause to be taken off, any horse, mare or geldingor other cattle, from any sulkey, chair, chaise, phaton, cart, waggon, wain, sleigh, sled or other carriage of burden or pleasure, or practise any other fraudulent means or device, with the intent that the payment of any such toll, or duty may be evaded or lessened, all, and every person or persons in all or every or› any of the ways or manners aforesaid offending, shall for every such offence respectively forfeit and pay to the president, managers and company, of the Cheltenham and Willow-grove turnpike road, 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, and subject to the same rules and regulations as debts of a similar amount may be sued for and recovered: Provided always,

That