133

LAWS OF MARYLAND.

Dec. Sess.

1813.

said road in the passing direction, leaving the other side
of the said road free and clear for other carriages to
pass and repass; and if any carter, waggoner or driver,
shall offend against this provision, he shall forfeit and
pay any sum not exceeding six dollars, to any person
who shall by reason thereof be obstrected in his passage,
and will sue for the same before any justice of the peace,
to be recovered with costs in manner aforesaid.

Excessive
tolls, Penalty.

21. AND BE IT FURTHER ENACTED, the au-
thority aforesaid, That it if any toll gather on the said road
shall demand from any person or persons using the said
road, any greater rate of toll than by this act is authoris-
ed and allowed, such toll gatherer shall forfeit and pay
the sum of twenty dollars for every such offence, one half
to the use of the supervisors of the roads or highways
of the township in which the forfeiture shall be incurred,
and the other half to the use of the person suing for the
same, to be recovered before any justice of the peace of
the county where such offence shall have been commit-
ted.

Suits and
prosecutions.

22. AND BE IT FURTHER ENACTED, by the au-
thority aforesaid, That if in the case of any suit or prose-
cation which shall be commenced under the direc-
tions of this act, for the penally incurred under the same,
whether by or against the said company, their servants
or assignees, the said suit or prosecution shall not be
sustained by the plaintiff or prosecutor, then and in such
case the person or persons prosecuted as aforesaid, shall
recover by the judgment of the justice before whom such
suit or prosecution shall be depending, or by action be-
fore the court of common pleas of the proper county,
(if such prosecution had been instituted before the court
of general quarter sessions of the place) such sum not ex-
ceeding the amount of the penalty for which the suit or
prosecution shall he commenced, as shall be deemed a
reasonable retribution for the vexation of such suitor pro-
secution.

Actions to
be valid must
be commenced
within six
months.

S3. AND BE IT FURTHER ENACTED, by the

authority aforesaid, That no suit or action shall be
brought or prosecuted by any person or persons for any
penalties incurred under this act, unless suit or action
shall be commenced within six months next after the
fact committed, and the defendant or defendants in such
suit or action, may plead the general issue, and give this
act and the special matter in evidence, and that the same
was done in pursuance and by the authority of this act.

Not to be
valid until con-
firmed by Ma-
ryland.

21. AND BE IT FURTHER ENACTED, by the
authority aforesaid, That nothing in this act shall be
deemed, taken or construed to authorise the governor
to incorporate or empower the said subscribers to do any
act, matter or thing herein mentioned, until such time as
the legislature of Maryland shall vest the like power and
authority in such subscribers, to make the said road by