
    The President and Directors of the Columbia Turnpike against Woodworth.
    A person merely riding through a gate of the Columbia turnpike, is not. liable to the penalty of the ninth section, unless it be accompanied with force and violence.
    This was an action brought for the penalty, under the' ninth section of the act incorporating the Columbia turn-”' pike road, for simply riding through a gate without paying toll, without any force or violence. The question was, whether the action was maintainable.
   Per Curiam.

The act had in contemplation only forei-ble and violent passings-: the plaintiffs may sue for their toll, but this certainly is not a case within the penalty of the section relied on.

Judgment of nonsuit. 
      
       See present practice as considered in 3 Howard’s Rep.
     