If any person living within the space of one mile of any established ferry in any part of this State shall, for any fee, toll or reward whatsoever, transport any person, goods or cattle from one side only to the other of that river where any such established ferry shall be kept, the person taking any such fee, toll or reward shall forfeit and pay to the proprietor of the ferry next adjacent to the place where such fare was taken up treble the value of the fee, toll or reward given, paid or promised, to be recovered by warrant, under the hand and seal of one magistrate, or be imprisoned in the county jail for a period of not exceeding thirty days, any law, usage or custom to the contrary notwithstanding. But in case any passenger shall be detained more than half an hour at any such ferry, then any person living near such ferry may be at liberty to transport him, anything herein to the contrary notwithstanding.