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Persons who force a passage, or damage toll-houses or gates, or obstruct receivers, &c. subject to a penalty of 10l. with costs, to be levied by distress: and if distress not sufficient, three months imprisonment.
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XXIII. And be it enacted, That all and every person and persons forcing a passage through such gate or gates, for himself, herself, or themselves, or for any other person or persons, or for any carriage, cattle, goods, or other matter on which toll is payable, without having paid the due and regulated tolls or duties payable thereon, or shall wilfully or maliciously destroy, break, pull down, or in any manner damage such toll-house or toll-houses, gate or gates so to be erected by virtue of this act, or shall prevent, or in any manner obstruct the erection of any such toll-house or houses, gate or gates, or shall prevent any of the receivers, collectors, or other persons to be appointed by the said commissioners, or their successors, or a quorum of them, for the collecting, or assisting in the collecting such tolls, or shall in any manner obstruct such receiver or receivers, collector, or collectors, or other person or persons, all and every person and persons so offending, shall and may for every such offence, at the instance of the said commissioners or their successors, or a quorum of them, or of the person or persons appointed to receive or assist in the collecting the said tolls, be (personally, or by notice in writing left at his, her, or their usual place of abode, with some person above the age of sixteen years residing therein, twenty-four hours at the least, before the time appointed for his, her, or their appearance) required to appear before a neighbouring justice or justices of the peace, for the county in which such offence or offences shall have been committed; which justice or justices of the peace shall hear and determine the merits of such complaint in a summary way, and upon proof of such offence by the oath or oaths of one or more witness or witnesses, (which oaths such justice or justices is and are hereby required to administer), or by the confession of the party, shall, whether the parties or party complained against appear or not, adjudge the offender or offenders to pay to the said commissioners and their successors, or to the said person or persons by them authorized, such sum as to the said justice or justices shall seem meet, not exceeding ten pounds, together with the necessary costs and charges attending such conviction; and in case of non-payment of the sum so adjudged, and the said costs, the same shall be levied by distress of the goods and chattels of the offender or offenders, by warrant under the hand and seal, or hands and seals of such justice or justices of the peace; and if the sum so adjudged, and the said costs be not paid, within four days after the time of making such distress, then the said distress shall and may be sold by publick auction, and the sum so adjudged and costs, together with the costs of distraining, keeping, and selling such distress, shall be thereout paid, and the overplus (if any be) returned to the owner or owners thereof upon demand; and in case sufficient distress cannot be made whereout to levy the said sum so adjudged, and costs, then the said justice or justices of the peace shall and may, and he and they are hereby empowered and requited, to commit the person or persons so offending, to the common gaol of the county, in which such offence or offences shall have been committed, there to remain without bail or mainprize, for such time not exceeding three months, as to the said justice or justices of the peace shall seem meet.
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