upon and take possession of such boat, or boats, or other Craft, to his or her own use, without precept; and such offender shall, moreover, pay to the Owner or Proprietor of the ferry aforesaid, who may be aggrieved as aforesaid; the sum of fifteen dollars for each Person who may be thus unlawfully carried or conveyed across said ferry as aforesaid; to be recovered on motion, before any Alderman, or any Magistrate within said competent to try the same, upon giving to such offender five days notice of the time and place of making such motion, which notice may be served on such person or persons, either in or out of the , by delivering or tendering a Copy thereof, or leaving a copy at their last place of residence: Provided, that nothing herein contained, shall be so construed as to prevent any person crossing said , at said ferry, as aforesaid, on his or her own boat or other craft, on his or her own business; and also to take in and cross his or her neighbors, when the same is done without fee, and not with intention to injure said ferry, as aforesaid.