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Toll-house or toll-gates to be enacted;
forcing a passage, penalty IOS. with costs, recovered as herein;
is the complain he groundless or unjust, IOS shall be paid to the person aggrieved.
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XXVII. And be it enabled by the authority aforesaid, That it shall and may be lawful for the said commissioners, and the successors of them, or any five or more of them, and they are hereby authorized and empowered to erect and place a toll-house or toll-houses, and a toll-gate or toll-gates in or near said bridge, and the said commissioners, and the successors of them, or any five or more of them, are hereby empowered, and any person or persons by them thereto authorized as herein after mentioned, are hereby empowered to receive at such gate or gates, the tolls or duties required by virtue of this act, to be paid before the passage of any person, cattle or carriage through the said gate or gates, and that any person forcing a passage through such gate or gates for himself or herself, his or her carriage, carriages, or cattle, and not paying the due and regulated tolls as aforesaid, or to be regulated as herein after mentioned, may for such offence be summoned personally, or by a summons left at his or her usual place of abode, with some person residing therein of the age of sixteen years and upwards, at the instance of the said commissioners, or of the person or persons appointed by them to receive the same, one day before the day on which his or her appearance shall be required to appear before the mayor of the said city, or one of the justices of the peace for the county of said city, who shall hear and determine the merits of the said complaint in a summary way, by the oath or oaths of one or more credible witness or witnesses, or by the confession of the party, which oath or oaths such mayor or justice of the peace is hereby required and empowered to administer, and to enquire into and determine upon any offence as aforesaid, and shall in the case of proof of any such offence as aforesaid, whether the party complained against appears or not, if the service of the summons be duly proved, adjudge the person or person guilty of the same, to pay to the said commissioners, or their successors, or any five or more of them, or to the person and persons by them thereto authorized as aforesaid, to receive and collect the tolls aforesaid, any sum not exceeding ten shillings sterling, with the necessary costs and charges; and in case such complaint shall appear groundless ad unjust, then such mayor or justice of the peace shall adjudge to the person or persons so unjustly complained against, any sum not exceeding ten shillings sterling, to be paid by the person so preferring such unjust complaint, and in either case the sum to be adjudged by such mayor or justice of the peace, if not paid immediately by the person or persons adjudged to pay the same, shall and may be levied by a warrant of distress under the hand and seal of such mayor or justice of the peace, on the goods and chattels of the person or persons so adjudged to pay the same, and the goods and chattels so distrained, shall and may on any day after the space of four days from the time of distrainig the same, and within the space of ten days, be publickly sold by the person to whom the said warrant of distress shall be granted, and out of the produce thereof, the sum so adjudged shall be paid to the person or persons so empowered to receive the same, and it any overplus shall remain after deducting the said sum adjudged, and the necessary costs and charges, the same shall be paid over to the owner or owners of the goods and chattels so distrained and sold as aforesaid.
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