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23 WIST MAIN STRliT
WUSTIR,N.Y. MS80
(7l6)t72-4S03
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5
C!HM/ICMH
Microfiche
Series.
CIHM/iCMH
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m^-'^'^'yw^:
t.%
dS'^i^o
AN ACT
H^o r^Iical) alter* and amciidt llac Lnnr»i now in
forico for the rcRUlatioia of the several Mac-
addmlxed roads within tlil» Province.
WHEREAS the Laws now in force for the
regulation of the Macadamized roads within this
Province require amendment, and it is of great
importance that one uniform system should be
adhered to for regulating the construction, man-
agement and maintenance of the same, Be it there-
fore enacted by the QaeerCs Most Excellent Ma-
jesty, by and with the advice and consent of the Le-
^slative Council and Assembly of the Province of
Upper Canada, &c. &,c. &,c. That from and after
the passing of this Act, the 8th, 9th, 10th, 1 1th, 12th, Acts
15tb, 16th, 17th, 18th and 19th clauses of an Act
passed in the 3rd year of the reign of His late
Majesty King William the Fourth, entided " An
Act to raise a sum of money for the improvement
of therOads in the vicinity of the Town of York,
and for other purposes therein mentioned," and
also the 8th, 9th, 10th, 1 1th, 12th, 13th, Hth, 15tb,
16th, 17th, 20th, 21st, 22tl, 23d, 27th, 30th, 31st,
35th, 36th, 37th, 38th, and 39th, clauses, and so
much of the 3rd clause of an Act passed in the
sixth year of the reign of His said late Majesty,
entitled, " An Act to continue the improvement of
certain rOads in the Home District," as relates to
the power of Trustees, and also the 3rd, 0th, 7th,
8th, and 9th, clauses of an Act passed in the se-
venth year of His said late Majesty, entitled, " An
Act for granting a further sum for completing the
Macadamization of Yonge Street and other roads
in the Home District" ; and also the 3rd clause of
an Act passed in the first year of the reign of Her
present Majesty Queen Victoria, entitled "An
Act for continuing the improvement of the Lake
Road, West of the City of Toronto," and also so
repealed.
much of an Act passed in the 7th year of His late
Majesty's reign, entitled, "An Act to raise a sum
of money to Macadamize the main road leading
from Hamilton to Branllbrd in the District of Gore,
and for other purposes therein mentioned" ; also
of an Act passed in the same yeai', entitled, " An
Act to authorize the construction of a Macadami-
zed road from Dundas to Waterloo, in the Gore
District" ; also of an Act passed in the same year,
entitled, " An Act to raise a sum of money to
Macadamize the roads leading from Brockvilie to
Saint Francis, Charleston, Lyndhurst, Beverley,
and PorUand, in the District of Johnstown, and to
authorize the erection of Toll Gates on the said
roads ;" also of an Act passed in the same year,
cntided, " An Act to raise a sum of money to
Macadamize the road between the town of
Kingston and the village of Napanee, in the Mid-
land District, and for other purposes therein men-
tioned"; and also of an Act passed in the same
year, entitled, " An Act to raise a sum of money
to Macadamize the main road from Queenston to
the West Boundary Line of Grimsby, in the Nia-
gara District, and for other purposes therein men-
tioned," and of any other Act passed by the Le-
gislature of this Province, as may be contrary to
or inconsistent with the provisions of this Act,
shall, and the same are hereby declared to cease
and stand repealed.
2. And he it further enacted by the authority
fp aforesaid. That it shall and may be lawful for the
in Districts to form present Trustees of the several Turnpike Trusts
board8oiCi.inmi8. in tjjjg Province to form a Board within their re-
■lonors of Turn. . -r^. . i i ■ i i ■ • •
piks Trusta. spcctivc Districts, to be known by the style and title
of the Commissioners of the District Turn-
pike Trust ; and the said Commissioners for the
time being shall have power and authority over
the several Macadamized roads within the limits
of their Districts respectively, so far as the im-
provement of the same has been authorized by
any Act of the Legislature of this Province.
J^^¥o
•8
s late
la sum
jading
I Gore,
; also
"An
iclami-
Gore
le year,
joney to
own of
he Mid-
eiii men-
he same
f money
enston to
the Nia-
'ein men-
y the Le-
)ntrary to
this Act,
i to cease
authority
ful for the
ke Trusts
I their re-
le and title
rict Turn-
rs for the
)rity over
I the limits
is the im-
orized by
ince.
3. ^nd he it further enacted by the luthorily
aforesaid, That no person who shall be appointed con,nii««ionrr.np.
a Commissioner by virtue of this Act, shall act as i»"i"'«<i «<• •"•<« "»
such Commissioner, unless he shall, before hc"""'^''^^''"'""""'
shall act as such, take and subscribe before any
Justice of the Peace for the District, (who is here-
by authorized to administer the same) the oath
following ; that is to say —
" I, A. B. do swear that I will truly and impar-
tially, according to the best of my judgment, exe-
cute and perform the several powers, authorities, ^^^^^
and trusts, reposed in me as a Commissioner by
virtue of an Act passed in the third year of the
reign of Her Majesty Queen Victoria, entitled,
" An Act to repeal, alter, and amend, the Laws
now in force for the regulation of the several
Macadamized roads within this Province."
4. Jlnd be it further enacted by the authority
aforesaid. That it shall be lawful for the said
Commissioners, and they are hereby authorized
and empowered to make, divert, shorten, vary,
alter and improve, the course of any part of the Commissionors
above mentioned roads within their own trusts, Jluf I'mM^Kough
upon, through, in and over any private lands or p"^"'*' '""'^''*
grounds, making or tendering satisfaction to the
owners thereof or persons interested therein, for
the same, and for any damages they may sustain
thereby, in such mancer as they shall think pro-
per, so that any such road shall not exceed one
chain in width, together with such foot-paths,
causeways, bridges, arches, banks, culverts, ditch-
es, drains, and fences, on the line of such road as
they shall think necessary and expedient ; and it
shall also be lawful for such Commissioners and
their Engineer or Surveyor and Workmen, with
or without carts or carriages, from time to time, to
enter upon the lands and grounds through which
or whereupon such roads, foot-paths, causeways,
bridges, arches, banks, culverts, ditches, drains,
and fences is, or are, intended to be made or pass,
and also upon any adjoining lands or grounds, to
Pcrnonn remrwinK
Htnk<!H or niarki* to
bo fined.
Cortnin proiindM
prohibited bciii^'
uacd.
li Owners of lands
arc not entiplifd
with compensation
tendered tlie
Court of Quarter
Sessions to dotcr-
mine.
Stake out the snmc in stich manner ns the said
Trustees shall think neecssary anil expedient,
without beinn; drenKiil a trespasser or trespassers,
and without being sul)ject or liable to atiy fine,
penalty or punisliment, for entering or continuing
upon sucii lands or premises -respectively for any
oi the purposes of this Act; and il* any person
shall pull up, remove, or destroy any stakes or
other marks used for tlic purposes aforesaid, every
person so offending shall forfeit and pay for every
such offence a sum not exceeding twenty shil-
lings : Provided always, That it shall not be law-
ful for the Commissioners appointed under and by
virtue of this Act, in altering or diverting the
course of any part of the Turnpike roads, under
their care and management, to take or pull down
any dwelling house, or to take and make use of
any orchard, garden, planted walk or avenue to a
house, or any enclosed ground planted as an or-
nament or shcllcr to a house, or set apart as a
nursery for trees, or any part thereof respectively,
uithout the consent of die . owner or proprietor
thereof in writing firt^t bad and obtained: Provi-
ded always^ That if the owners or occupiers of
any lands or grounds taken by the Commissioners
for the purposes of this Act, shall not be satisfied
with the allowance offered, the same shall be de-
cided by a jury of the District in which such
road shall be situated, at the Court of Quarter
Sessions, to be impannelled and sworn for that
purpose at the request of the party aggrieved, and
if such verdict shall not exceed the amount offer-
ed, the owner of the said land shall pay the costs
of the Court on the assessment of such damages;
and in case the verdict of the said jury shall ex-
ceed the offer made| by the said Commissioners,
then the costs of such trial and assessment shall
be paid by the said Commissioners out of any
moneys in their hands for the purposes of the said
Act.
;f
5. J
aforcsL
sioners
with tl]
lands,
with th
necessi
ing, div
'i'urnpi
the los!
otherw
witli an
purchas
to hold,
digging
the rep J
time aft
public a
the entc
shall no
persons
after an_
or groui
or so mi
ment oi
useless
pedup
shall an
Commit
and the
plied foi
maintaij
lawful
making
owners
land or
this Act
roads it
such wa
Owners
think fit.
} said
iidient,
asscrs,
r finet
linuing
for any
person
ikes or
1, every
r every
ty shil-
be law-
andby
ing the
i, under
1 doMrn
; use of
luc to a
an or-
art as a
actively,
oprietor
: Provi-
ipiers of
issioners
satisfied
U be de-
ch such
Quarter
for that
!ved, and
unt offer-
the costs
damages ;
shall ex-
issioners,
nent shall
: of any
f the said
5. JInd be it further enacted by the authority
aforcsaidf That it shall be lawful fur the Cuminis*
sioncrs under this A i to treat, conliact and agree,
with the owners of, and persons interested in any
lands, tenements, hcreditanunts and premises, ^"mmiwiionrni to
with their appurtenances, which they shall deem Iw purclmHo or"
necessary to purchase for the purpose of widen- '""**» 'cuuiwd.
ing, diverting, altering and improving, any of the
Turnpike road:^, for the purchase thereof, and for
the loss or damage such owners or persons may
otherwise sustain, and also to contract and agree
with any person or persons whomsoever, for tho
purchase or demise from him, her, or them, of and
to hold, any land or ground for the purpose of
<ligging stones, gravel and materials therefrom, for
the repair or use of the said roads, and at any
lime after to sell the ground so purchased, by
public auction or tender : Provided always, That ^p,^^^^^, ^^^ ,^
the entering into any such agreement or contract im cuiiipuj«ory un
shall not be compulsory against any person op "*"*'"'•
persons unwilling to enter into the same : and
after any new road shall be completed, the lands
or grounds constituting any former road or roads,
or so much and such part thereof, as in the judg-
ment of the Commissioners may thereby become
useless or unnecessary or shall and may be stop- Roads no longer
ped up as public highways, shall be vested in and ""•'' vesiedin
shall and may be sold and conveyed by the said n»?ml7bo"8"dof
Commissioners in the manner before mentioned, ''"V^T'* ■'" ''«"
1 .1 . . p 1 1 u II u ot land! taken.
and the money arismg irom such sale shall be ap-*
plied for the purposes of this Act, for repairing and
maintaining the Turnpike roads ; or it shall be
lawful for the said Commissioners, instead of
making such sale as aforesaid to give up to tho
owners of any adjoining lands whose building,
land or ground shall be taken for the purposes of
this Act, any part or parts of the present or old
roads in lieu of and in exchange for the same in
such way and manner as such Commissioners and
Owners or Proprietors shall agree upon and
think fit.
! I.
G
Comnilwloncri
may not dcrivo
any |ir<itit from
•uch Ollico.
CommiBsionots of.
fending against
this clause, to pay
£100 and bo incn-
!>able of serving
ongor.
0. Jlnd be it further enacted tuj the authoritij
aforcsaiUf — That no CunimissioiKr shall, I'roin aiut
after this Act shall be iii iorco, enjoy any ollicu
or place oi* prolit, or have any share or interest,
or be in any manner, directly or imlireetly con-
cerned in any contract or bargain for making or re-
pairing, or in any way relating to the roads for
which he shall act, or for building or repairing any
toll-house, toll-gate, or weighing-engine thereon —
or for supplying any materials for the use thereof
— nor shall any such Commissioner let out for hire
any wagon cart or other carriage, or any horse,
cattle or team for the use of the Turnpike Koads
for which he shall act as Commissioner, nor by
himself, or by any other person for or on his ac-
count, directly or indirectly receive any sum or
sums of money to his use or benefit out of the sums
appropriated by any Act of tlie Legislature for
making said roads, or out of the Tolls collected
out of the said roads — and if any person after
having been appointed a Commissioner of said
roads, shall, without having lirst duly resigned such
office at some meeting of the Commissioners of
the said roads, hold any such ollicc or place, or bo
concerned in any snch contract or bargain, or shall
sell any such tools or implements or let out for hire
any wagon, cart, carriage, horse, cattle, or team,
or receive any money out of the appropriations
aforesaid or out of the tolls collected on said roads,
every Commissioner so offending, shall for every
such offence forfeit and pay the sum of one hun-
dred pounds, to be recovered in the manner here-
inafter provided, and from and after the convic-
tion of any such offence be incapable of acting as
a Commissioner of said roads ; and all acts, orders,
matters and things made or done as a Commis-
sioner by the party so convicted shall from thence-
forward be null and void to all intents and purpo-
ses — and all and every such contract or bargain
shall be and is hereby declared to he void, and
shall not be enforced or carried into effect by the
ithoritij
Din ami
y ollico
lilcrcst,
ly con-
g or rc-
Dad3 for
ling any
croon —
thereof
for hire
ly horse,
e Koacls
r, nor by
\ his ac-
sum or
the sums
Alurc for
collected
son after
: of said
ujned such
siouers of
ace, or bo
11, or shall
ut for hire
s, or team,
ropriations
jaid roads,
for every
f one hun-
nner hero-
ic convic-
f acting as
cts, orders,
a Commis-
om thence-
and purpo-
or bargain
3 void, and
feet by the
other Commissioners entering into the same—
Vruvidcd always that ail acts, orders, matters and
Ihings niailu or done by such Commissioner pre-
vious to his being {'onvictetl of any such offencrt
shall be good, valid and clfectual — andjvrther pro-
tided that nothing in Uiis enactment contained shall
extend or he ilcemed or construed to extend to
any Commissioner who shall receive any sum or
sums of money paid out of the appropriation afore-
said or out of the tolls collected on said roads, by
way of purchase money, damages, rent, recom-
pense or satisfaction, agreed upon or awarded to
such Commissioner for any lands, grounds or tene-
ments purchased or taken for the purpose of di-
recting or altering or for the use of said roads or
for a repository lor materials to be used thereon,
or for damage done to any enclosed or private
grounds of such Commissioner in taking materials
therefrom, or in carrying and conveying them over
the same, or to prevent any such Commissioner
from selling or disposing of, for the use of the
Turnpike roads, any materials or any timber
grown or growing on the grounds of such Com-
missioner.
7. Jlnd be it further enacted by the authority
aforesaid, — That it shall and may be lawful for the
Commissioners acting under the authority of this
Act, and they are hereby empowered and requir-
ed, by writing under their hands, to appoint a com-
petent Engineer or Surveyor, whose duty it shall
be, to superintend the construction and repairing
of the Turnpike roads under their care or manage-
ment; to inspect and measure materials, make
surveys and report upon all proposed alterations,
and generally to assist, under the directions of the
Commissioners in or about the execution of this
act, for making and maintaining such roads — and
the said Commissioners are hereby empowered
by writing under their hands, to appoint such Col-
lector or Collectors of the Tolls arising on such
roads, and a Clerk or Clerks, and such other Of-
Nottoprrvcnl
CoiniiiiMnionrrn
(Voiii hiiuf! paid
fur lands, Jk.c. &c.
Commissioners
may employ i Bar.
veyor or Engineer.
May also appoint
CoIlect^rEi of Toll*
and Clerks, Ac,
and pay the aame.
8
fleers as the said Commissioners shall think neces-
sary — and such Engineer or Surveyoi-, Clerks,
Collectors and other Olliccr { or any of them from
time to time to remove, or on removal, death or
resignation of any such Engineer, Clerks, Collec-
tors and other Officers to appoint others in their
steady and may and are herebv authorised out of
any moneys arising on such Turnpike Roads to al-
low and pay to such Engineer, Collectors, Clerks,
and other Officers, and to such other persons as
shall be assisting them or any of them in or about
the execution of this Act, in making and repair-
ing such roads, such salaries, rewards and
allowances for their attendance, care, labor and
services, as such Commissioners shall deem rea-
sonable — Provided ahoaySf that it shall not be law-
LTiiru.e"Iwo?a! f«i foi* ^^^ Commissioncrs to ai>point or continue
pacitiea of Clerk tbc' pcrsoH who may be appointed to act as their
end Surveyor. derfe jn the execution of this Act, or the partner
of any such Clerk, to be or to hold the offices of
Clerk and Engineer or Surveyor for the purposes
of this Act ; or to appoint or continue the person
who may be appointed Engineer or Surveyor or
the partner of such Engineer or Surveyor to be
Clerk and Engineer or Surveyor for the purposes
of this Act ; and if any person shall act in both
capacities of Clerk and Engineer or Surveyor, or
if any person being the partner of such Clerk
shall act as Engineer or Surveyor, or being the
partner of such Engineer or Surveyor, shall act as
Clerk in the execution of this Act, every person
shall for every such offence forfeit and pay the sum
of Fifty Pounds to be recovered in the manner
hereini .ter provided.
Commiaaionors to 8. Provided (dways, and be itfitrther enacted by
take BccurUyjrora ihe authority aforesaid, — That the Commissioners
poJiu;j"^by them, shall and they are hereby required to take suffici-
ent security from the Engineer or Surveyor, Clerks
and Collectors of Tolls, and if they shall so think
proper, shall and may also take such security from
9
any othpr officer to be appointed under and by
virtue ol' this Act.
9. ^nd be it further enacted by the autfrn-ity
qfm'esaidt — That if the Engineer or Surveyor, or
Clerk, or other officer to be appointed by the Com-
missioners, under and by virtue of this Act, shall
have any part, share or interest in any contract or
bargain for work, materials or tools, to be done or
provided upon, for, or on account of the Turnpike
Roads or any part thereof, under his or their care
and management, or shall upon his or their own
accounts, directly or indirectly, let to hire any
team, or sell and dispose of any timber, stone or
other materials to be used or employed in making
or repairing such roads, he or they shall forfeit for
every such offence the sum of Fifty Pounds.
10. ^nd be it further enacted by the authority
aforesaid, — That it shall be lawful for the Jingi-
neers or Surveyors to the Commissioners, under
this Act, and for all such persons as he or they
shall appoint, to search for, dig, gather, take and
carry away any materials for making or repairing
the Turnpike Roads, in or out of the lands of any
person or persons where the same may be had or
found in any township or place in which any of
such roads shall lie or be situate, or in any adjoin-
ing township or place, not being an orchard, gar-
den, planted walk or avenue to any house, or any
enclosed ground, planted as an ornament or shelter
to an house, or set apart as a nursery for trees,
making and tendering such satisfaction for such
materials, and for the damage done to the owners
or occupiers of the land where or from whence
the same shall be dug, gathered and carried away,
or over which the same shall be carried, as the
said Commissioners shall judge reasonable, and
also to carry tfirough and over any enclosed lands
or ground, not being an orchard, garden, planted
waJk or avenue to any house, or any enclosed
groimd planted as an ornament or shelter to a
t house, or set apart as a nursery for trees, paying
2
Engineer, Survey-
or,ur Clerk to have
no share in coU'
tracts.
Officers appointed
by CommiHsionora
may dig and carry
away materials re-
quired from any
ground, with cer.
tain exceptions, by
paying for the
same.
10
Justices on ten
^ days' notice to
hear, and deter-
mine any ditter>
ence.
Materials not to be
taken from enclos.
ed grounds with,
out notice being
given to owners or
oocupiers.
In case of non.at.
tendance by own-
er or occupier, /uB-
ticea may order
thereupon.
or tendering for the damage done in going through
or over any enclosed lands or grounds for or with
such materials, such sum or sums of money as the
said Commissioners shall deem reasonable^ and
in case of any difference between such Commis-
sioners, Engineer or other persons appointed or
employed as aforesaid, and the owners and occu-
piers of such lands or any of them concerning
such payments and damages as aforesaid, any two
or more Justices of the Peace for the District, on
ten days notice thereof being given in writing by
either party to the other, shall hear, settle and de-
termine the matter of such payment and damages,
and the costs attending the hearing and determin-
ing the same.
11. Provided always^ and Be it further enacted
by the authority a/oresaidy — That it shall not be
lawful for any Engineer, or any other person or
persons acting under the authority of this Act, to
dig, gather, get, take or carry away anj materials
for making and repairing the Turnpike Roads
from any enclosed land or ground, until notice in
writing, signed by the Engineer shall have been
given to the owner or owners of the premises
from which such materials are intended to be ta-
ken, or his or their known agent, or to the occu-
piers of the premises from which such materials
are intended to be taken, or left at the house or
last or usual place of abode of such owner or oc-
cupier to appear before any two or more Justices
of the Peace acting in and for the District, to
shew cause why such materials shall not be had
therefrom, and in case such owner, agent or occu-
pier shall attend pursuant to such notice, and shall
not show sufficient cause to the contrary, such Jus-
tices shall, if they think proper, authorise such
Engineer or other person to dig, get, gather, take
and carry away, such materials, at such time or
times as to said Justices shall seem proper ; and if
such owner, agent or occupier shall neglect or re-
fuse to appear, the said Justices shall and may,
11
upon proof on oath of i' " service of such notice,
which oath they are ;; by empowered to admin-
ister, make such order iherein as they shall think
fit,as fully and effectually to all intents and purposes
as if such owner or occupier had attended ; Pro-
vided ahvays, That the Commissioners shall not
be required to pay any larger sum as a satisfac-
tion for any materials raised, taken or carried
away from any lands or grounds for making or
repairing the Turnpike Roads, than such sum of
money as shall appear to the two or more Justi-
ces settling and determining such satisfaction, that
such materials might or could have been [actually
sold for in case the same had not been raised,
taken or carried away by such Commissioners ;
and in case the said Justices shall be of opinion
that the said materials beforel they had been so
raised, taken or carried away, could not have been
sold or disposed of, then the said Justices shall
only assess the damage done to lands or grounds
of the owners or occupiers thereof, by the raising,
gathering and carrying away the same.
12. ^nd be it further enacted by the authority
aforesaid, — That if the Engineer or Surveyor or
any other person employed by him shall by reason
of the searching for, digging or getting any gravel,
sand, stone, or other materials for repairing the
Turnpike roads, make or cause to be made any
pit or hole in any lands or grounds as aforesaid,
wherein such materials shall be found, the said
Engineer or Surveyor shall forthwith cause the
same to be sufficiently fenced off, and such fence
supported and repaired during such time as the
said pit or hole shall continue open, and shall with-
in three days after such pit or hole shall be open-
ed or made, where no gravel, stones or materials
shall be found, cause the same forthwith to be fill-
ed up, levelled and covered with the turf or clod
which was dug out of the same, and where any
such materials shall be found, within fourteen days
after having dug up sufficient materials in such pit
Justices to assess
damages, and do.
tcrmine valuation
of inatcriala taken.
Pits or holds made
by Engineers or
Surveyors in dig.
ging for materials
to be fenced in or
filled up, as the
case may require,
under a penalty of
twenty shillings.
12
Engineers or Sur-
veyors may orde^
drains &c: to bo
cut througli any
private lands.
SatiBfaction to be
made to owners.
In case of differ,
ence, Justices to
determine.
Commissioners to
meet when and
where they may
please to appoint.
or hole, il' tiiu sauic is not likely to be further use-
ful, cause the same to be filled up, sloped down or
fenced off, and so continued — and if the same is
likely to be further useful, the said Engineer shall
secure the same by posts and rails or other fences
to prevent accidents to persons or cattle ; and in
case such Engineer or Surveyor shall neglect to
fill up, slope down or fence off such pit or hole
in manner and within the time aforesaid, he shall
forfeit the sum of twenty shillings for every sunk
default.
13. And be il further enacted by the autliority
aforesaid, — That it shall be lawful for the Engineer
or Surveyor and such other person and persons as
shall be appointed by the Commissioners under this
Act, from time to time, to cut, make and maintain
drains or water courses upon and through any lands
lying contiguous to any of the Turnpike roads, and
also to make ditches in such places and in such
manner as such Engineer by order of such Com-
missioners shall judge necessary — and make suf-
ficient fences and barriers and other erections on
any part or parts of the said roads, in order to pre-
vent any rivulet or current of water from Hooding
the same as such Engineer shall judge necessary,
making such satisfaction to the owner or occupier
of such lands so to be used, cut through or built
upon, for the damages which they or any of them
may sustain thereby as such Commissioners shall
judge reasonable — and in case of any difference
between such owner or occupier and such Com-
missioners touching such damages, the same shall
be finally settled by any two or more Justices of
the District.
14. And be it further enacted by the authority
aforesaid^ — That the Commissioners appointed
under and by virtue of this Act shall and may from
time to time meet at such time and place on or
near the Turnpike roads as to them shall seem con-
venient, and may adjourn themselves to meet at
any place and time as the major part of them pre-
13
ions on
sent ut any meeting sliall appoint, and all orders
and determinatiuiiis ul' the iJonimissioners iu the
execution of this Act shall be made at meetings to
be held in pursuance ihereol' and not otherwise,
and that no order or determination shall be made
unless the major part of the Commissioners pre-
sent shall concur therein ; and that all acts^ orders
and proceedings relating to this Act w hich are di-
rected to be had, made, done or exercised, by or
before th€ said Commissioners, and all the pow-
ers and authorities vested in them generally> shall
and may be had, made, done and exercised by the
major part of the Commissioners who shall be
present at the respective meetings to be held by
virtue of this Act, the whole number present not
being less than hvc ; and that all acts., orders or
proceedings had, made or done by or before such
five Commissioners shell have the same force and
eifect as if the same were had, made or done, by
or before all the said Commissioners — and that a
Chairman shall and may in the first place be ap-
pointed at any meeting to be held by virtue and
for the purposes of this Act, who shall have the
casting or decisive vote in case of an equal number
if votes, (including the Chairman's vote,) and that
no order or determination at any meeting of the said
Commissioners once made, agreed upon,or entfered
into, shall be revoked or altered at any subsequent
meeting, unless notice of the intention to make sadl
revocation or alteration shall have been given by
three or more Commissioners by writing under
their hands to the Clerk to the said Commissioir-
ers at a previous meeting and entered in the book
of proceedings of such meeting, and unless notice
signed by any two or more Commissioners shedl
have been affixed on all the Turnpike Gates then
erected on such roads, twenty-one days at least
before such meeting, nor unless such revocfatioo or
alteration shall be agreed to be made by a gFea<>er
number of Commissioners than concurred in the
making of any such order or determination, and
No order to be
made without con.
curreiice of in^jur.
ity.
Business not to be
conducted by leas
thsn five Cottmit^
8ion«n>
Chairman to be
apponitecU Hio
shiH'hkVe a otwfr
iqg votOt
How orders made
are to be revoked.
iil
M
V
I
h
ft
h
«-;■!■
Commissioners lo at their sGveral meetings tlie Commlssioricrs shall
ix^oLcs^'excT'" P^y ^"^ ilefray their own expences, except any
loa. per day for sutti not cxceediug tcn shiihngs per diem lor the
room. ygg Qf ^|jg room wherein they shall meet.
1 5. jJnd be it further enacted by the authority
aforesaid, — That all orders and proceedings of the
Commissioners appointed uader and by virtue of
this Act, together with the names of the Commis-
Proccedings to be sioneps present at every meeting shall be entered
entered in books, in a book or books to be kept by the Clerk to the
said Commissioners for that purpose, and be sign-
ed by the Chairman of the meeting or meetings at
which such orders or proceedings shall be from
time to time made or had — and that such book or
to^CommisstonSra. books shall be Open at all seasonable times lo the
inspection of any of the Commissioner? without
fee or reward— and such orders and proceedings
so entered and signed by the Chairman of such
meeting or meetings as aforesaid shall be deemed
and taken to be original orders and proceedings,
BwS^o^be reid ^^^ which Said book or books, as well as the book
in evidence in all or books iu which the oQth directed to be taken by
cases of appeal, jj^g g.^j j Commissioucrs shall be entered shall and
mav be read in evidence in all courts whatsoever
— in all cases of appeal and in all prosecutions,
suits and actions whatsoever.
* 16. ^nd be it further enacted by the anthority^
aforesaid, — That the Commissioners undcrthis Act
Commissioners to shall and they are hereby required from time to
book's to be kept time and at all times, to order and direct a book
by their Clerk, or books to be provided and kept by their Clerk
for the time being, in which book or books the
Clerk shall enter or cause to be entered, true and
regular accounts of all sums of money received,
paid, laid out and expended for or on account of
each road respectively, and of the several articles
wived M*^vilience' 0^ things for which such sums of money shall have
in all courta— and been disbursed, laid out and paid, and all books
epectioTJf Com- containing the accounts and proceedings of the
muMioners without Commissioners in the execution of this Act shall
be admitted in evidence in all Courts and by alF
1.5
Judges, Justices atid others without proving the
facts therein contained, unless such facts or any of
them shall be first controverted, and all such books
shall be preserved and kept by the Clerk for the
time being of such Trustees, and shall at all sea-
sonable times be open to the inspection of the said
Commissioners without fee or reward, and the said
Commissioners may take copies or extracts from
the said book or books without paying any thing
for the same, and in case the said Clerk shall re-
fuse to permit the Commissioners to inspect the
said book or books or to take such copies or ex-
tracts as aforesaid, such Clerk shall forfeit and pay
any sum of money not exceeding £5 for every
such offence.
17. ^nd he it further enacted by the authority
aforesaid^ — That the Commissioners appointed
under and by virtue of this Act may sue and be
sued in the name of their Clerk for the time being,
and that no action or suit to be brought or com-
menced by or anjainst the Commissioners in the
name of such Clerk shall abate or be discontinued
by the death or removal of any Commissioners or
Clerk, or any of them or by the act of any Com-
missioner or Clerk without the consent of the said
Commissioners, but that the Clerk for the time
being to the said Commissioners shall always be
deemed to be the Plaintiff or defendant (as the
case may be) in every such action or suit — Pro'
vided always that such Clerk shall be reimbursed
out of the monies belonging to the Turnpike road
Trust all such costs, charges and expenses as he
shall be put to or become chargeable with or liable
to by reason of his so being made Plaintiff or De-
fendant.
18. ^nd be it further enacted by the authority
aforesaid, — That every Commissioner who shall
order or direct the expenditure of any money for
or toward the making or repairing or altering any
road not comprehended in this Act, or for or to-
wards the performance of any Act, matter or thing
Non-compliance
of Clerk to cause
a forfeiture of £5.
Commiflflioners to
sue and be sued in
the name of their
Clerk.
Clerk to be ro.ini«
burscd.
Commissioners di.
reeling e:ipcndi.
ture of money in
certain cases lia-
ble.
16
M
r'
If
not authorised by this Act, such CoiDmissioner
shall be personally liable to the Trust for the re«
payment of the money so expended at the suit of
any person or of any Commissioner or of the Clerk
to the said Commissioners on behalf of the Trust.
• — Provided always that no Commissioner shall be
EcS'Ixpen'du *' personally subject or liable (except as next here-
tuw of money in jnbefoie mentioned) to the payment of any sum or
wriwn caws im. ^^^^ ^^ money laid out or exp*^nded in or towards
the making, repairing or altering the Turnpike
roads authorised by this Act — nor shall execution
issue against the goods and chattels of any Com-
missioner by reason of his having acted as such
Commissioner or having signed or authorised or
directed any contract or security to be entered into
relating to any such roads, unless in such contract
or security such Cor nissioner shall have, in ex-
press words, rendered himself so personally liable.
19. Jlnd be it further enacted by the authority
Commissionere to oforesatdt — That it shall and may be the duty of
IndXbta'of *trust! ^^0 Commissioners, and they are hereby required,
to hold a general meeting on the first Monday in
Novem|t>er in each year, when they shall examine
into the revenues and debts of the Trust : and the
Clerk to the Commissioners shall forthwith make
out A statement of the debts, revenues and expen-
diture received and incurred on account of the
Trust, in the form contained in the Schedule to
tbis Act aunexed, which said statement shall be
submitted to the Commissioners assembled at such
ntieeting, and when approved by the majority of
tbem shall be signed by the Chairman of said
Statement to be meeting, and the said statement being so approved
cfeTS*Lie'?ten. *°^ signcd, the Said Clerk shall within ten days
ant Governor lor t]liiere&fter, transmit the same to the Lieutenant
KIS'*°**^^^o^«™o»' of t^e Province for the information of
the Legislature, and if such Clerk shall refuse or
neglect to make out such statement as aforesaid, or
io transmit the same within the time hereinbefore
mentioned, the Clerk so offending shall forfeit and
1
])ay the sum of fifty pounds, to be recovered as
iiereinafter directed.
20. >'^nd be it further enacted by the authoriiy
aforesaid^ — That all such officers as shall be ap-
pointed by the Commissioners underthis Act shall
from time to time, when thereunto required by the
s lid Commissioners, deliver to them or to such
person or persons as they shall for that purpose
appoint, true exact and perfect accounts in writing
under their respective hands, of all monies which
they and every of them respectively shall have re-
ceived to that time, by virtue of any Act, and how
much thereof has been paid and disbursed and for
what purpose, together with the proper vouchers
for such payments, and shall pay all such monies
as shall remain in their, or any of theif, hands to
the said Commissioners or to such person or per-
sons as they shall appoint to receive the same and
not otherwise, within such time as the said Com-
missioners shall limit and appoint, and if such offi-
cer shall refuse or neglect to produce or deliver
up such accounts and the vouchers relating to the
same, or shall refuse or neglect to pay the money-
due on such account within the time or in manner
aforesaid, or if any such officer or person shall re-
fuse or neglect to deliver up to the Commission-
ers, or to such person or persons as they shall ap-
point, within ten days after being thereunto requir-
ed by the said Commissioners, all the books, pa-
pers, writings, tools and implements in his custody
or power relating to the execution of this Act, then
in any and every of the said cases it shall be law-
ful for any two or more Justices of the Peace for
the District, upon complaint made to them by or
on behalf of the said Commissioners, and such
Justices are hereby required by warrant under
their hands and seats to summon such officer or
officers, person or persons to appear before them,
and upon his or their appearing or not being to be
found, to hear and determine the matter of such
complaint in a summary w'ay, and to settle the said
OflTicers to render
to Comtnissionen
just and tru« ac-
counts of bII mo-
neys recfived by
tlirin, and of the
disbursements.
In case of refusal
or neglect, justices
may summon the
person so refusing
or neglecting be-
fore them, and de^
tennine the mat.
ter in a summary
way.
18
on
C;
«r.
account or accounts if produced, and if upon con- '
fession of the officer or oihccrs, person or per-
sons against whom any such complaint shall be
made, or by the oath or oaths of any witness or
witnesses (which oath or oaths such Justices are
hereby empowered and required to administer) or
upon inspection of the said accounts if produced,
it shall appear to such Justices that any of the mo-
ney which shall have been collected or received
shall be in the hands of such officer or officers,
person or persons, such Justices may and they are
hereby authorised and required on non-payment
thereof, by warrant under their hands and seals, to
Warrant of dis. csusc such moHcy to be Icvicd by distress and sale
tress may be levied" of the goods and chattcis of such officcr or person
haueis^of offiTnd respectively, and if no goods and chattels can be
found sufficient to answer and satisfy the said mo-
ney and the charges of distraining and selling the
same, or if such officer or other person shall not
appear before the said Justices at the time and
place appointed by them for that purpose, unless
for some sufficient reason, or if appearing shall re-
fuse or neglect to give and deliver up to the said
Justices an account of all his receipts and pay-
ments as aforesaid, or to produce and deliver up
to the said Justices the several vouchers and re-
ceipts relating to such accounts respectively, or the
books, accounts, papers, writings, tools and im-
plements in his custody, or power relating to the
execution of this Act ; then, and in either of the
6ases aforesaid, such Justices may, and they are
, by hereby authorised and required by warrant under
warrant commit in their hands and scals to commit such officer or per-
""'" "" °°° sdn to the common gaol of the District, there to
]fbmain without bail or mainprise in case he shall be
committed for non-payment of any money recfeiv-
ed by him or in his hands, until he shall have ac-
counted for and paid the full amount thereof, br
Compounded with the CommissiOriefsand paid such
tothpositioh in such manner as the said Commis-
sioner's may ap{)oint, (which compositiori the said
Justices may
certain cases.
10
[)on con- '
or per-
shall be
itness or
tices are
lister) or
roduced,
r the mo-
received
officers,
they are
payment
I seals, to
\ and sale
ir person
s can be
said mo-
aning the
shall not
ime and
t, unless
shall re-
the said
ind pay-
liver up
and re-
ly, or the
and im-
ig to the
;r of the
they are
fit under
T or per-
there to
; shall be
Y recfeiv-
lave ac-
5reof, br
>aid such
[Jotomis-
the said
Commissioners are hereby empowered to make,)
or in case he shall be committed for not deliver-
ing up any account, books, papers, writings, tools
or implements as aforesuiu, or make satisfac-
tion in respect thereof to the said Commissioners;
Provided, That no person who shall be committed
for want of sufficient distress, shall be detained in
prison by virtue of this Act for a longer period of
time than six calendar months.
21. ^nd be it further enacted by the atithority
aforesaid, That it shall be lawful for the Coni-
missioners under mis Act, and they are hereby
authorized and empowered to continue all and
every or any of the Toll Gates or Toll Houses
now standing or being in, upon or across any of
the Turnpike roads or on the sides thereof, and
from time to time at any special meeting to be
holden for that purpose, of which meeting public
notice, specifying the time and place and the pur-
pose thereof, shall have been given in some new s-
paper published and circulated in the District, and
also by affixing a copy of such notice on all the
Turnpikes, Toll Gates, or Side Bars, (if any)
which shall be standing on such road* fourteen
days previously to such meeting, to order and di-
rect, by some order in writing, that there be erect-
ed and built in, upon, or across any of the Turn-
pike roads or any part (hereof, or upon the sides
thereof, or any part thereof, when and where they
shall judge necessary, such and so many Turn-
pikes, Toll Gates, Side Bars and Chains, with
Toll Houses, Out-houses and other conveniences
thereto, and also to take in and enclose on tlie
sides of such roads or any part thereof, suitable
garden spots for each of such Toll Houses, not
exceeding one-eighth of a Statute acre to each
Toll House, as the said Commissioners shall di-
rect or appoint ; and also shall or may from time
to time, at any such meeting, or at any other meet-
ii^gto be called as aforesaid, and by such order
as aforesaid, from time to time order and direct
Period ofimpriaon.
nipnt not overiii
montha.
Toll Galpa at pr«.
aciit erected may
atand.
Comtnissionpra
may order othera to
be built.
HnrdcnB to be en-
otoacdt'ur toll keep.
era.
H
20
yi
Piinifliniriitfur ill
Ikoi"Xw.ruI»d ^"y ^^ '^"^^ '^'^^' dates, Turnpikes, Side Bars and
renwved."*" "" Chains to be taken down or discontinued or to
be removed or placed elsewhere, upon, across or
on the sides of such roads, in such situations as
to them the said Commissioners may appear fit Ji
eligible.
22. •dnd be it further enacted l)>j the mithoriUj
\»TJntl?t\\^ (^foresaid, That it shall be lawful for the Comniis-
huuBvii. sioners to order and direct one or more Kimp or
lamps to be erected and placed on or against or
in front of each and every of the Toll f louses on
the roads, and also to order and direct, at what
times of the year and during what hours such lamp
or lamps or any of them shall be kept lighted ;
and all and every the collector and collectors of
tolls on such roads who shall neglect or omit to
observe or fulfil the orders of the said Commis-
sioners in respect to the keeping or lighting sucli
lamp or lamps, shall forfeit and pay any sum not
exceeding twenty shillings for evojy such neglect
or omission ; and in case any person shall w ilfully
damage or injure any lamp so set up us aforesaiil,
or extinguish the li^lit therein, such person shall
forfeit and pay any sum not exceeding forty shil-
lings for every sufh olfencc.
23. *And be it further enacted bi/ the authoril;/
aforesaid, That it shall bo lawful for the said
ed"wiie7e7hou7ht Commissioners at any of their respective meetings
CommiSoncre.'''* ^^ they think proper, to vi\]cv or cause to be built
and erected at any of the Turnpikes or Toll Gates
on the roads under their care and management,
one or more crane or cranes, machinrs or engines,
proper for the weighing of wagons or csirn i;es,
conveying any goods or merchandiz • 'Uisujver,
and by notice on a board, for that purpose, to be
put up at or near to every such weighing machine,
Nofices to be pui {q order and direct all and every such wagons or
up directing c;.rn. . , ,, •,!. • i i i i
ages to be weigh, carr ages as shall come withm one hundred yards
•'*• 01 oiiy Mc. crane, machine or engine on such
T'iinpike roal^i to be weighed, together with the
ladirig thereof.
Weighing Ma-
chines to be erect.
fll
Bars and
ued or to
across or
.lutions as
pear Ca u
aulhoiili/
Comniis-
Li lamp or
ugainst or
louses oil
) at what
mch lamp
t lighted;
ectors ol*
)r omit to
Commis-
iting such
y sum not
:li neglect
11 willully
foresaid,
rson shall
brty shil-
aulhonlii
the said
meetings
1)0 built
'oil Gates
lagement,
r rngines,
rv/ri'ln^es,
uisojver,
3se, to be
machine,
wagons or
red yards
on such
with the
''
'!{. ,iiid he it J'wihcr inaclcd by the uulhoiUy
uj'orvsui''^ That the keeper of every 'J oil Gate or '^":'"'[' "'. ,;^;''!
•/ ,,,' III tMileit t(» Weigh tlio
Bur whcie any weighing engine shall be erected, curringe».
or any other person who shull be appointed by the
Commissioners to the care ol' s h h weigliing en-
gines, shall and he is hereby rLCjuireil to weigh all
such wagons, carts, and other carriages liable to
be weighed as shall pass laden through such gates
or bars respectively, and which he shall believe to
carry "jiocitcr weights th; n are allowed to pass
witlioM' iinying additional toll ; and if any collec-
tor or fjerson so appointed shall permit any such
wa;j;G.( cart or carriage to pass by or throu";h any
loll Gate ol which he is in charge, with a greater tinni a Ik lumiiix
weight than that allowed, without weighing the '^'
iriir.c
I .v»
same, and receiving the additional toll, he shall,
for every offence, forfeit the sum of five pounds,
and if the owner or driver of any wagon, cart or
other carriage, shall refuse to allow the same to
be weighed, or shall resist any gate-keeper or
other person appointed, in weighing the same, the
owner or driver so offeniling shall forfeit and pay
any sum not exceeding five pounds.
25. And be it further enacted by the authority
aforesaid, That it shall be lawful for the Commis- Toils as rprcwnt
sioners appointed under this act to continue to '^*^'^*''^*''*-
demand and receive the tolls now directed to be
taken and collected by an act passed by the Le-
gislature of this Province, for making and main-
taining the Macadamized roads ; and they are
hereby also empowered at a meeting to be held
for that purpose, of which meeting, one calendar
month's notice shall have bcei) given in writing,
to be affixed at all Turnpike Gates, which shall
be then erected upon such roads, and in some
public newspaper published in the District from
time to time, to Iie55a.en or reduce all or any of the
Tolls to be taken nnd collected as aforesaid, for
and during such time as the Commissioners shall
think proper; and afterwards, at any meeting to
be held as aforesaid IV-iM time to time, as they
I ,
82
I
Caniiiiissionor* shall sce occosion, to increase all or .any o.f the
may incrcnse or ... , . t/
4e8eeii Tuiu givmg toils SO lesscned to any sum or sums ot money;
5S"S'er1er°'^"^ also, upoij any Toll Ga es, Turnpikes, Side-
tain "restnctions-l Bars, and Chains being removed and placed else-
nelTo5ga?cs! " wherc, or upon the erection or buildings of such
other Toll-gates Turnpikes, Side-bars, or chains,
as the said Commissioners shall direct, they are
hereby authorized and empowered at any meeting
to be held as aforesaid, to fix such toll to be de-
manded, taken, collected and received at every
such toll-gate, turnpike or side-bar, so removed
and placed or erected elsewhere as may be found
necessary and expedient to answer the purposes
of this act : Provided alwaijs, that the amount of
Tolls collected upon each of the Turnpike roads
.mentioned in this act, shall not be less, annually,
after deducting the expense of collection, than
will pay the interest of the principal sum expend-
ed in constructing the same respectively ; and also
pay such further sum as may be found necessary
to keep the said roads in repair, together with the
salaries of the Engineer or Surveyor, and Clerk
-or Clerks.
26. ^nd he it further enacted by tfie authority
aforesaid^ That it shall and may be lawful for the
Toite suffidcm't" Commissioners appointed under this act, to raise
pay all expenses j^uch tolls ou the Tumpikc Foads from and after
Valm^riS the expiration of twelve years from the passing
of this act, as will enable them to keep such in
repair, pay the necessary Officers employed in the
execution of this act, and redeem the balance of
the principal sum expended in constructing said
roads, within a period of not less than twenty six
years from the passing of this act.
27. Jind be it further enacted by the aulliority
Tolls may be to qfaresaid^ That it shall and may be lawfuPfor the
ami e . Commissioners of the Turnpike roads, at a public
qieeting, to let to farm the tolls of the several gates
erected upon such Turnpike roads in the mi^nner
hereinafter mentioned, that is to say — The Cotp-
mijssioners shall cause notice to be given of the
»y of the
f money';
les, Side-
iced else-
;s of such
or chains,
I they are
y meetiog
to be de-
al every
removed
be found
purposes
amount of
tike roads
annually,
ion, than
1 expend-
i and also
necessary
r with the
ind Clerk
authority
ul for the
, to raise
and after
e passing
p such in
^ed in the
)alance of
:ting said
wenty six
authority
ill for the
t a public
eral gates
le manner
^he Corp-
en of the
23
time and place for letting the same for at lea^t one ^;"'^'' ^*'"" «'*•
month before the day appointed for that purpose,
by affixing the same upon every toll gate belonging
to such Turnpike roads, and by insertion thereof
in some public newspaper circulating in the Dis-
trict, and specifying in every such notice the sum
which the said tolls produced in the preceding
year, clear of the salary for collecting the same, in
case any hired collector was appointed, and that
they will let such tolls by auction to the best
bidder upon his producing sufficient sureties for the Terms of lettmf
payment of the money monthly, and that they will be
put up at the sum which they were let for or pro-
duced in the preceding ye.ir, clear of the salary
of the collector. — The highest bidder shall be the
farmer or renter of the suid tolls, and shall forth-
with enter into a proper agreement for the taking
thereof, and paying the money at the time specifi-
ed in such notice with such surety or sureties for
the payment thereof and under such conditions Manner of letting
and in such manner as the said Commissiorters ''^°"^'
shall think fit ; and if the person being the highest
bidder Shall not forthwith enter into such agree-
ment, it shall and may be lawful to put up the said
tolls again immediately for another bidder, ^nd in
like manner to continue putting up the same uifitit
a bidder shall be found who shall enter into such
agreement; and in case no bidder shall oflfer, of
in case the same shall not be let at such auction,
it shall be lawful for the said Commissioners to
accept a private tender for the same, ahd to de-
mise or let to farm all or any of such tolls at Any
Sum not less than the sum at or for which they
shall then havfe been last let ; or the said Com-
missioners may aippoint a collector of such tolls
or fix some future day for letting thereof, as
they shall judge most proper, upon giving such
notice thfet*tof as aforesaid ; and shall and may itt
that case put them up at such sum as they Snail
tliink fit, and if the person who shall be the fatrtier,
renter or collectof- of such tolls shall take d greater
^4
I Hi'
or less toll from any person than what is auihoris*
ed or directed by the Conmissioners unJer this
Act, he shall for evary such offence forfeit the
sum of five pounds ; and the said agreement for
renting the tolls shall, if the Commissioners think
fit to vacate the same, become null and void. —
Provided (dwntfi, that when the Commissioners
shall put up (he tolls to let to farm, the said Com-
missioners may, if they think fit, appoint some per-
son t ) bid for the same on their account, to the
mayrpportTomo intent that such tolls may not be let for less than
person to bid to an adequate value, an I also that nothing in this
Cow"'adcquTte^' Act shall be construed to empower the Commis-
vaiue. sioners to let to farm the s;ud tolls for a longer
period at one time than twelve calendar months.
28. .4f/if/ he it further enacted hij the authority
_ ,, aforesaid, That it shall and may be lawful for the
en at any hour ot Commissioncrs uudcr tliis Act, or any person ap-
day or night pro- pointed collcctor of the tolls to be taken by virtue
vious to the cfittle ' . , i i i -i
or carriaorps pass- of this Act, tc demand and take every day (such
ing through. ^j.^^, ^^^ ^^^ purposGS of ihis Act being computed
from 12 of the clock at night to 12 of the clock of
the next succeeding night) the several and respec-
tive tolls directed to be taken by the Commissio-
ners at the several and respective Toll Gates and
Turnpikes, Side Bars and Chains, in, upon, across
or on the sides of the Turnpike roads or any part
thereof, and which tolls or sums of money shall be
demanded and taken as aforesaid, before any
horses, cattle, or carriage whatsoever shall be per-
mitted to p iss through any Toll Gate, or Turnpike,
or Side Bar or Chain, and the tolls or sums of
Tolls vested in money to be levied and collected by virtue of this
Commissioners. ^^,j^ gj.g hereby vested in the Commissioners for
the purposes thereof in manner to be thereby di-
rected.
29. ^nd be it further enacted by the authority
CommiMioners dforesaid, I'hat it shall and may be lawful for the
maycompound for Commissioners and they are hereby empowerd,
Tolls. £j.jj^ ^ji^g j,Q ^jj^g gg ^jjgy gl^g^ll ggg convenient to
compound and agree for aiy term not exceeding
25
auilioris*
nJer this
)rfeit the
;ment for
lers think
void. —
(iissioners
aid Com-
iome per-
t, to the
less than
ig in this
Commis-
a longer
months.
autliorUy
y\\ for the
erson ap-
by virtue
ay (such
:omputed
: clock of
i respec-
•mmissio-
lates and
•n, across
any part
r shall be
fore any
11 be per-
rurnpike,
sums of
Lie of this
oners for
ereby di-
nuthority
il for the
ipovverd,
enient to
xceeding
one year at any one time with any person for the
tolls payable for any horses, cattle, or beasts, or
carriages, passing through any of the Turnpikes
or Toll Gates of the roads under their care and
management and collected and taken under the
authority of this Act, and also that the Commis-
sioners shall have power to make such equitable
arrangement with any person desiring or having
occasion merely to cross or not travelling a great-
er distance than three hundred yards on any
Turnpike road, and without any intention to evade
the tolls, as to them may appear just and reason-
able.
30. ^nd be it further enacted by the authority
aforesaid, — That the Commissioners under this
Act shall, and they are hereby required to put up
or cause to be put up, and afterwards to be con- Jp^fdcrJ^toTi"
tinned, at every Toll Gate within the District, a eajo with list of
Table painted in distinct and legible black letters gatL ^wholly' o*l-
on a board with a white ground, containing at the b"'^''"i'^in*''MT**
top thereof the name of the gate at which the same such place and
shall be put up, and also a list of all the tolls pay- S ''p^era!.n8''pSnJ
able at every such gate, distinguishing severally toils.
the total amount of tolls payable under this act,
and also a list of the several gates which shall be
wholly or partially cleared by the payment of tolls
at the Toll Gate or Bar where such table of tolls
shall be affixed, and the said Commissioners shall
also provide tickets, denoting the payment of toll,
and on such several tickets shall be specified the
name of the gate at which the same respectively
shall be delivered, and also the names of the se-
veral gates freed by such payment, one of which
tickets shall be delivered gratis to the person pay-
ing the toll, and on the production of such ticket
therein mentioned as being cleared as aforesaid by
the payment of the toll at the gate where such tick-
et was delivered, the person producing the same
shall pass through the gate or gates therein men-
tioned without paying any further or additional
toll.
4
1 1
2G
Cominiasionera
may appoint a per.
•on in his place.
n
N
31. Jndhe it further enacted by the autttorily
aforesaid^ — That upon the death, incapacity, re-
in case of death or fusal, neglect or absconding of any collector orre-
dehnquency of toll • ? ■• n . rn -i • l-
gatherer, any two ccivcr of 1 oUs at any fumpike or weighing ma-
chine upon any of the Turnpike roads, any two or
more of the Commissioners, though not assembled
at any meeting, by writing under their respective
bands, shall and may nominate and appoint a pro-
per person in his place, to continue until the next
meeting of the Commissioners, in the stead of
such collector or receiver as shall so die, become
incapable, refuse, neglect or abscond, which per-
son so nominated and appointed shall have the
like power and authority and be answerable and
accountable in the same manner in a!i respects, as
the person who shall die, become incapable, re-
fuse, neglect, or abscond, would have had and
been subject to if living, and if any collector or
receiver of tolls as aforesaid, who shall be dis-
charged from his office by the said Commission-
ers, or the wife or widow, or any of the children,
family or representatives of any collector or re-
ceiver who shall die, abscond, refuse or neglect
to perform his duty, or be discharged, or any other
person having the possession of any toll house or
building or weighing machine, erected by virtue
of this act, shall neglect or refuse to deliver up
, . , such possession for the space of three days after
In case of refusal j ^,, . , \ .. ..''.
to give up toll demand thereof made and notice in writing given
jSe ^i\llL ^^r ^^^* purpose by any two or more of such Com-
may remove the missioncrs or by their Clerk then and in any of the
rutcLSion^r's Said cases, it shall and may be lawful for any Jus-
oi thmr officers in ticc of the Peace for the District, by warrant
possession. ^^^^^ j^j^ ^^^^ ^^^ ^^^^^ ^^ ^^^^^ ^^^ Constable
or other peace officer for the same place with such
assistance as shall be necessary to enter such
house or building or weighing machine in the day
time and to r'^move the person who shall be found
therein, together with his goods out of the same,
and to put the said Commissioners or any of their
officers in the possession thereof.
27
'■ authority
Jacity, re-
ctor or re-
;hing ma-
any two or
assembled
respective
oint a prO'
ilthe next
stead of
B, become
vhich per-
1 have the
arable and
jspects, as
jable, re-
had and
►Hector or
1 be dis-
mmissioQ'
3 children,
tor or re-
or neglect
any other
I house or
by virtue
deliver up
days after
iting given
;uch Corn-
any of the
r any Jus-
)y warrant
Constable
with such
titer such
in the day
I be found
the same,
ly of their
32. ^nd be it further enacted by the authority
aforesaid, — That during such time as the tolls
arising on any of the Turnpike roads or any part A">' p^^"" ^f™-
or parts thereot, shall be leased demised or let to possession of aii
any person whatsoever, it shall and may be lawful "||[^^^'JJ^** *p
to and for the lessee or farmer thereof or such other
person as he shall authorise and appoint to occupy
and enjoy the toll house or toll houses at which the
said tolls so let are to be collected and to arise with
all the appurtenances and conveniences to the same
toll house or toll houses belonging for the purpose
of collecting such tolls during so long time only a^
such lessee or farmer shall duly and regularly pay
his rent or rents and perform the covenants, agree-
ments and conditions of such lease demise or let
ting, but no further or otherwise.
33. ^nd be it further enacted by the authority
aforesaid, — That in case all or any of the tolls
arising by virtue of this Act shall be demised or
let to farm to any person in any manner whatso- [J.^'TrreaV^scve?
ever, and the lessee or farmer thereof shall neglect ffny^—o^ any non.
r . r .1 , J j'i* fulfilment on part
or refuse to perform the terms and conditions on of lessee wiii rfin.
which the same shall be so demised or let, or in^^'^'^f person so
, 1 1 • 1 1 I "1 o<»fault subject
case the rent or rents agreed to be paid by such to ejectment, and
lessee or farmer shall be in arrear for the ^P^ceof^^^''^^^^^''^^^^^^
seven days next after any of the days on which the mem.
same ought to be paid, pursuant to the agreement
for letting to farm thereof, or in case any such
lease or agreement shall in any other manner be-
come void, then and in any of those cases it shall
and may be lawful for any Justice of the Peace
for the District, by warrant under his hand and
seal to order a constable or other Peace Officer
with such assistance as shall be necessary to enter
upon and take possession of any toll-house or toll-
houses, toll-gate, bar or chain, or weighing ma-
chine, and the buildings or rppurtenances, thereto
belonging and to remove and put such lessee jr
farmer of the tolls arising thereat respectively or
other person who shall be found therein together
with his goods out of and from the possession of
II < A
the said toll-house or toll-houses and from the col-
lection of tolls and to put the said Commissioners
or any of them or their new appointed Officer or
other person acting by or under their authority into
the possession thereof; and thereupon it shall be
lawful for the said Commissioners (if they shall
think fit) to vacate and determine the contract and
agreement, (if any) for demising or letting the said
tolls to such lessee or farmer and the same shall
be from that time utteily void to all intents and
Certain exceptions purposes [save as to covcnauts or agreements for
payment up to that time of the rent or rents there-
by reserved or other covenant or agreements on
the lessee's part which shall have been bolden]
as if such demise or agreement had never been
made, and it shall be lawful for the said Commis-
sioners in every such case to demise or let to farm
the said tolls again to any other person or cause
Tolls may be let them to be collcctcd as if no former demise, con-
er persons, ^pg^gj^j. agreement had been made relative thereto
any rule of law or right to the contrary notwith-
standing.
34. ^nd be it further enacted by the luthority
aforesaid — That every Toll Collector on the Turn-
Names of toll ga. pike roads shall place or cause to be placed on
IdTSbiy^so mTo ^^^^ conspicuous parts of the front of the several
be seen' at every toll-houscs at which they shall bc respectively sta-
i"" lected 'I'l' *" too tioned, and so that the name shall appear to public
much or too little vicw, their Christian and surnames painted in
taken'from e°xempt black on a board with a white ground, each of such
persons or refusing letters of such name or names to be at least two
to tell the Christ), •i., , i»i ii> • i
an and surname mclics m length and of a breadth m proportion, and
toomitS'tick! *^^* ^"^^ hozxA shall be and remain at such toil-
et, or hindering house duHng the whoIe of the time that the person
Sr/rXsingSy ^hose name shall be expressed thereon shall be
common traveller on duty thereat ; and if any Collector of the said
k^lper"*to *fine" of ^o^^s shall not place such board and keep the same
five pounds. there during the time he sliall be such Collector
as aforesaid or shall demand and take a greater or
less toll from any person than he shall be author-
ised to do by virtue of the orders and resolutbns
I
99
n the col-
nissioners
Dfficer or
lority into
t shall be
they shall
itract and
g the said
lame shall
tents and
ments for
nts there-
ments on
I bolden]
ever been
Commis-
et to farm
or cause
nise, con-
ve thereto
y Dotwith-
authority
the Turn-
placed on
he several
tively sta-
' to public
rioted in
ch of such
least two
irtion, and
such toll-
he person
1 shall be
f the said
» the same
Collector
greater or
»e author-
ssolutbns
of the Commissioners made in puriduance of this
Act or shall demand and take a toll from any per-
son who shall be exempt from the payment thereof,
and who shall claim such exemption, or shall re-
fuse to permit or suffer any person to read or shall
in any wise hinder any person from reading the
inscriptions on such board or shall refuse to tell
his Christian and surname to any person who shull
demand the same on being paid the said tolls or
any of them, or shall in answer to such demand
give a false name, or shall refuse or omit to give to
the person paying the toll a ticket denoting the
payment of the tolls and naming and specifying
the toll gate at which such ticket has been deli-
vered, and the toll-gate or toll-gates [if any] freed
by such payment, or upon legal toll being paid or
tendered shall unnecessarily detain or wilfully ob-
struct hinder or prevent any passenger from pass-
ing through any Turnpike or Toll-gate, or shall
make use of any scurrilous or abusive language to
any Commissioner, traveller or passenger, then
and in every such case every such toll Collector
shall forfeit and pay any sum not exceeding five
pounds for every such offence.
35. Jnd be it further enacted by the authority
aforesaid, — That during such time as the tolls or ^ , .
•^ 1 />iiiii ji Persona farmin?
any part thereof shall be leased to any person i^a have authon.
whomsoever, it shall be lawful for the lessee or «y ^^^ ^''^y^^l^'^^
farmer thereof or such other person as he shall by and be subject to
writing or writings under his hand authorise and jJ'/na'iJesP'i" S
^appoint to demand and take such tolls so leased, lectors appointed
demised or farmed and to use all such means and by Commissioner.
methods for the recovery thereof in case of non-
payment or evasion as any Collector of such tolls
appointed under this Act is authorised and em-
powered to use, and such lessee or farmer or other
person as aforesaid, so demanding and taking such
tolls, shall be subject to the like pains and penal-
tiess aad forfeiture, and shall be liable to the like ac-
tions and prt)secutions as any collecior of such
!|;
30
1) h,
ill.
t %■
\9
I
tolls appointed by the Cotiunissioners is subject or
liable.
36. »^nd be it further enacted by the anthority
aforesaid^ That in case any dispute, suit or litiga-
p*won» •ppoir.ted ^jq^ gjjgH arise, touching or in any wise relating to
•B toll culleotura , ,, i i i • * i . " .
may Rivo evidunce the toUs granted by this Act, the person appointed
ID dwpi led cMcs. j^ collect the same or any other person acting un-
der the authority of the Commissioners shall not
be incompetent to give evidence in any such dis-
pute, suit or litigation on atoount of his being ap-
pointed to collect such tolls.
37. And be it further enacted by the authority
aforesaidy That the right, interest, and property of
and in all the toll gates and toll houses, weighing
machine and other erections and buildings, lamps,
bars, toll boards, direction boards, mile stones,
posts, rails, fences and other things which shall
nave been, or shall be erected and provided in
n'„iik«...« ...... pursuance of any Act of the Legislature for im-
Toll nouses, gates, » . ,i_ m -i j • ^i.' r» • vi.
bars, tools, impio. provjng the Turnpike roads in this Province with
thtn^«ppe«»1S *^^ several conveniences and appurtenances there-
thereto— vested in UHto belonging and the materials of which the
Commissioners, g^^g ^^^^ consist, and all materials, tools and im-
plements which shall be provided for making and
repairing said roads shall be vested in the Com-
missioners under this Act for the time being, and
they are hereby authorised and empowered to ap-
ply and dispose of the same as they shall see fit.
38. JJnd be it further enacted by the authority
aforesaid, That if any person shall drive any wheel-
ed carriage upon that part of the road between the
stones or hard road and the ditch, when that part
of the road is not sufficiently firm to resist the
pressure of the wheels without forming ruts, fur-
ther than may be necessary in passing any other
vehicle or in turning on, off, or upon such road, or
PerMMM not to shall cause any injury or damage to be done to the
JjJ>y^*^«' posts, rails or fences, or shall willfully pull down
CUM. or damage any bri 'ge^ wall or any other building
or erection made by tlie Commissioners under this
Act, or repairable by them, or shall haul or draw
31
Jubject or
authority
or litigu-
elating to
appointed
tcting un-
shall not
such dis>
)eing ap-
authority
operty of
weighing
;s, lamps,
stones,
ich shall
vided in
'e for im-
ince with
les there-
k'hich the
i and im-
king and
he Com-
ing, and
sd to ap-
II see fit.
authority
ly wheei-
ween the
that part
esist the
•uts, fur-
ny other
i road, or
le to the
ill down
building
nder this
or draw
or cause to be hauled or drawn upon any part of
the Turnpike roads, any limber, stone or other
thing which shall be carried principally or in part
upon wheeled carriages or sleighs to drag or trail
upon such road to the prejudice thereof, or if any
person shall leave any wagon, train, cart or other
carriage whatever upon such road without some
proper person in the sole custody or care thereof,
longer than may be necessary to load or unload
the same, except in cases of accident, and in cases
of accident, for a longer time than may be neces-
sary to remo^ the same, or shall lay any timber,
stones, rubbish or other thing whatever upon such
road to the pre; 'ice, interruption and danger of
any person travelling thereon, or if any person
shall, after having blocked or stopped any cart,
wagon or other carriage in going up a hill or ris-
ing ground, cause or suffer to be and remain on
such road any stone or other thing with which
such cart or carriage shall have been blocked or
stopped, or if any person shall pull down, damage,
injure or destroy any lamp or lamp-post put up,
erected or placed in or near the side of the Turn-
pike road or toll houses erected thereon, or shall
wilfully extinguish the light of any such lamp ; or
if the occupier of any land or premises adjoining
said roads shall suffer his cattle to lie about the
same, or if any person shall wilfully pull down,
break, injure or damage any table of tolls put up
or fixed at any Toll gate or Bar or any part of the
Turnpike roads, or wilfully or designedly deface
or obliterate any of the letters, figures or marks
thereon, or if any person shall throw any earth,
rubbish or other matter or thing into any drain,
ditch, culvert or other water course made or re-
pairable by virtue of this Act, so as to obstruct the
waters from running or draining off the Turnpike
roads ; or if any person shall, without being there-
to authorised by the Engineer or Surveyor for the
time being, shovel up, scrape, gather or carry
away any stones, gravel, sand or other materials,
Timbermaynottk
trailed on road.
Carriage! may not
be left on road ax.
cent in casea of ac«
cident.
Nothing may h«
put upon ihe road
to hinder traveller
or prejudi."? the
same.
Lamp* and lamp,
poata preaarrad.
Cattle may not ba
Bufleredtoliaupoo
the road.
Roadi, drains,
ditches, ice, pro.
tected.
.*'.
1 '
I ,'
32
PeraotM pravenu
ing otkon liable to
fine.
Peraoni pulling
down ordestroying
any gate or bar or
fence,8hall be guil.
ty of miideineanor.
PentoM ham
whom toll may not
be taken.
il-
dirt or soil from any part of the Turnpilte roads, or
dig any holes or ditches on the allowances for the
same ; or if any person shall in any manner wilful-
ly prevent any other person from passing him or
any carriage under his cure upon such roads, eve-
ry person offending in any of the cases aforesaid,
shall forfeit and pay a sum not exceeding forty
shillings for every such offence.
39. ^H(l be it further enacted by the authority
aforesaid, — That if any person shall unlawfully and
maliciously throw down, level or otherwise destroy,
wholly or in part, any Turnpike Qate, or any Chain,
Rail, Post, Bar or other Fence belonging to any
Turnpike Gate, or Bar set up or erected tc- pre-
vent passengers passing by without paying the toll
directed to be paid by the Commissioners under
this Act, every such offender shall be deemed
guilty of a misdemeanor, and being convicted
thereof shall be punished accordingly.
40. ^nd be it further enacted by the authority
aforesaid, — That no toll shall be demanded or
taken by virtue of this Act for any horses or car-
riages attending the Lieutenant Governor of the
Province for the time being, or for the horse of
any officer or soldier on the march or on duty, or
for any horse or other beast, or any cart, carriage
01 wagon employed in conveying or carrying the
arms or baggage of any such officer or soldier, or
in carrying or conveying any sick, disabled, or
wounded officer or soldier or for any wagon, cart
or other carriage, or the horse, horses, or beasts
drawing the same, employed in conveying any
Ordnance or Barrack or Commissariat or other
Public Stores, of or belonging to Her Majesty,
her heirs or successors for the use of Her Majesty's
Forces ; Prodded always. That such wagon, cart
or other carriage, and such horse or other beast
so employed in carrying and conveying such offi-
cers or soldiers arms, munitions or stores as afore-
said, shall belong to Her Majesty or be impressed
for the performance of such services, or for any
33
(e roads, or
[ices for the
tiner wilful-
iing him or
roads, eve-
9 aforesaid,
eding forty
ie authority
awfully and
ise destroy,
any Chain,
;ing to any
:ed tc* pre-
ing the toll
ners under
}e deemed
convicted
e authority
manded or
ses or car-
rnor of the
le horse of
on duty, or
rt, carriage
arrying the
r soldier, or
lisabled, or
nragon, cart
I, or beasts
k^eying any
at or other
T Majesty,
;r Majesty's
tvagon, cart
other beast
g such offic-
es as afore-
I impressed
or for any
horse or caniagc that sjiull only cross any Turn-
pike road and nut pass above one hundred yards
liurcon ; or for any horse, beast or other cattle or ""^''''» cotiio nnd
can luge employiL-U. in carrying or conveying, in ctrtHinca.o».
(haying been employed only in carrying or con-:
veyiug on the same day) any dung, soil, comport
or manure for improving lands, pr any ploughs,
harrows or implements of husbai^dry, (unless la-
den also with some other thing not hereby ex-
empted from toil) ; or any hay, straw, fodder for
p;it.l|e and corn in the straw which hqis grown or
arisen on the li;ind or ground in thiC occupation of
the owner of any s,uch hay, straw, fodder or corn
in the straw, potatoes or other agricultural pro-
duce, and which has not been bought, sold or ()is-
pos/ed of, nor h going to be sold or disposed of,
01" for any horse or other beast employed in hus-
bandry, goii?g to or retyrniqg from plough or har-
row, or to or from pasture or watering place, or
going to or returning from being shod or farried ;
such horse or othe^ beast not going or returning
on those occasions more than one mjle on the
7'ufnp,ike road, or of or iDom any person or per-
SQiiis gt;ing to or returning from his, her or their
usual place of religipus worship, on Svn^days, or
fi'om any persons attending; fi^nerals, pr from ^ny
wagon, cart or other carriage employed at days*
wages by the Coinmi.ssioaers in carrying or con-
veying matei ials for making pr repairing the turn-
pike roads or from the Engineer or Surveyor, or
from the Commissioners appointe^d under tliis act,
when personally passins; through any Turnpike,
Toll Oate, Side Bar or Chain, ypon or across any
of the Turnpike roads in the District.
41. Jnd he it further exacted by the authority
qfor,esaid — That if any person shall claim or take P'^rsons fined for
the benefit of the exemption mentioned in this Act, illgrTc'mption'!''"'
not being entitled to the same, eve,ry such person
-shall for every ^uch offence foifeit any sum not
ejtQeeding fprty {jhiHi^g;'? J arid \n all cases the
5
'fi
84
|)rool' of exemption shall lie upon llio person
claiming the pame.
42. Jlnd be it further enacted bij the authority
Persons eratiinff, aforcsmL — That if any person shall witii any
by any mennK, the ,'' ' , , • * . ^^
pnynicnt of toiK horse, cattlc, Deast or carriage, go oil or pass
io ui*d!^ui)jc " to ^*'°"^ ^"y Turnpike road, through or over any land
line. ' or ground, near or adjoining thereto, not ht ing a
public highway, and such person not being the
owner or occupier, or servant, or one of the fami-
ly of the owner or oecu[)icr of such land or ground,
with the intent to evade the j)ayment of the tolls
directed to be taken by any order of the Com-
missioners under this Act, or if any owner or oc-
cupier of such land shall knowingly or willingly
permit any person except as aforesaiti, with any
horse, cattle or beast or carriage whatsoever to go
01 pass through or over such land or ground with
intent to evade any such toll ; or if any person
shall give or receive from any person other than
the collector of the tolls, or shall forge, counter-
feit, or alter any note or ticket directed to be gi-
ven with intent to evade the payment of the tolls
or any part thereof, or if any person shall fraudu-
lently or forcibly pass through any such toll gate
with any horse, caUle, beast or carriage, or shall
leave upon the said road any horse, cattle, beast
or carriage whatsoever, by reason whereof the
payment of any tolls or duties shall be evaded or
lessened, or shall take ofl'or cause to be taken oft*
Hones may not be ^^Y horse or Other bcast or cattle from any ear-
added to team af- riage, either before or after having passed through
treS-gft^/tl)"^ ^^y toll-gate, or having passed through any toll-
evadc payment of gate, shall afterwards add or put any horse or
other beast to any such carriage and draw there-
with upon any of the Turnpilvo roads, so as to in-
crease the number of horses or other beasts draw-
ing the said carriage, after the some shall have
passed through any toll-gate whereby the payment
of all or any of the tolls may be evaded or lessen-
ed, or if any person shall do any other act what-
soever, in order and with evident intent to evade
M
95
the ptM'Son
c aulhority
1 \\\{\\ any
oft' or puss
'cr any luml
not bting a
)t being the
of tlu; la mi-
ll ov gi'ourul,
of the tolls
f the Com-
)\vnei' or oc-
or willingly
id, uiili any
isoevor to go
ground with
f any person
n other than
•ge, counter-
led to be gi-
t of the tolls
shall fraudu-
such toll gate
iage, or shall
cattle, beast
whereof the
be evaded or
:> be taken oft'
rem any car-
assed through
)ugh anv toll-
any horse or
\ draw there-
Is, so as to in-
r beasts draw-
Tie shall have
y the payment
lied or lessen-
ther act what-
iitcnt to evade
the payment of all or any of the tolls and whereby
the same shall be evaded or lessened, every such
person shall forfeit und pay for every such oft'enee
any sum not exceeding forty shillings.
43. j'lnd be it further enacted by the authority
aforesuidj That it shall be lawful for the Commis-
sioners to make or cause to be made a road through c.»nimm»iion#«f«
the grounds adjomingany rumous or narrow part, adjoining toroudi
or any part making and not completed, of any ou'roi rcpJirTb*'"
turnpike road (not being the site or ground where- \mm f'^riL \m
on any buildings stand, or being an orchard, yard, "' '*'*' *"'""■
garden, planted walk, or avenue or any ground
planted as an ornament or shelter for a house, or
any enclosed ground set apart as a nursery for
trees) to be made use of by all passengers, calde
and carriages as a public highway whilst the old
road is repairing or widening or a new road mak-
ing, and till such time as it shall be convenient for
passengers and carriages to pass along the same,
making such recompence to the owners and occu-
piers of such private grounds respectively for the
damage they shall or may thereby sustain as shall
be adjudged reasonable by the Commissioners, and
in case of any difference concerning such damages
between such owners or occupiers and such Coki-
missioners, then it shall and may be; lawful for any incase!ofdifl«r.
two or more Justices of the Peace, acting in and to"dctcnuine!""'
for the District, on fourteen days notice in writing
being given by either party to the other, to settle,
adjudge and finally determine what recompence
shall be made to such owners and occupiers for
the damages they shall have sustained as aforesaid.
44. ^nd be it further enacted by the authority
aforesaid, That in case any person shall resist or
make forcible opposition against any collector of
the tolls in the execution of his office, every such ^
person offending therein shall for every such of-
fence forfeit any sum not exceeding five pounds, at
the discretion of the Justices of the Peac? before
whom he shall be convicted.
45. Jnd be it further enacted by the authority
36
Trusters nrp;lt'ct.
iiiat to attend meet,
iiigs, ill certain
cnses, vacate their
olFice.
In cases of vacn-
tioii, Lt. Governor
may appoint other
Trustees.
i
Persons under thir-
toen yenrs of use
;.'i-
may not dr vc any
carriugre upon
these ro:i(ls, under
; IIP-
fine of lOi.
'1:
s
Persons in charge
1'^':?
of teams may not
walk at any dis-
■ •?;•:
tance, so as not to
have the perfect
',
command ot his
■;i-
■1 ;
horses.
;.! •
And any person
j, .l
hindering or inter.
riipting any of her
Muji'sity's subjects
in any way upon
said roads, subject
to fine and in.
prisoniiient, and
may be apprehend.
cd by any person
seeing the offence
commiiied without
any warrant.
aforesaid^ That if any ol'the present Tlustces shall
neglect to attend three successive meetings of thti
Commission, after due notice of such meeting^
shall have been personally erved upon such
Trustees, unless they shall have been prevented
by sickness or absencii from the District, he or
they shall be deemed or taken to have vacated
their office of Trustee, and upon a representation
of such absence being made to the Governor,
Lieutenant Governor, or person administering the
Government, by a majority of the Trustees, it shall
and may be the duty of the said Governor, Lieu-
tenant Governor, or person administering the Go-
vernment, to nominate and appoint another or other
Trustee or Trustees in the place of such Trustee
or Trustees neglecting to attend as aforesaid.
46. Jlnd be it further enacted bij the authority
aforesaid. That no cart or wagon travelling on any
of the Turnpike roads shall be driven by any per-
son who shall not be of the full age of thirteen
years, under a penalty not exceeding ten shillings,
to be paid by the owner of such cart or wagon ;
and if the driver of any carriage whatsoever on
any part of the Turnpike roads shalli, by negligeiice
or wilful misbehaviour, cause any hurt or damage
to any person or carriage passing or being upon
such road, or shall qiit the road and walk on the
foot-path, or wilfully be at such distance from such
carriage, or in such a situation whilst it shall be
passing upon such Turnpike road that he cannot
have the direction or government of the horses or
cattle drawing the same, or if any person shall, by
negligence or misbehaviour, prevent, binder or in-
terrupt the free passage of any carriage, or of Her
Majesty's subjects, on any of the Turnpike roads,
every such driver so offending in any of the cases
aforesaid, and being convicted of any such offence
either by his own confession, the view 6f a Justice
of the Peace, or by the oath of one or more cre-
dible witness or witnesses before any Justice of the
Peace for the District, shall for eveiy such offence
37
unices shall
jtings of {he
h meetings
upon such
I prevented
trict, he or
ave vacated
presentation
Governor,
listering the
tees, it shall
irnor. Lieu-
ring the Go-
ther or other
uch Trustee
bresaid.
!he authorilif
elling on any
I by any per-
e of thirteen
ten shillings,
t or wagon ;
latsoever on
ly negligence
rt or damage
r being upon
. vi^alk on the
tee from such
St it shall be
lat he cannot
the horses or
-son shall, by
hinder or in-
ige, or of Her
rnpike roads,
r of the cases
' such offence
V 6f a Justice
or niore cre-
Justice of the
' such offence
forfeit any sum not excelling fuity slulliugs, hnd
in default of payment be conmiitted to the ct)mmon
gaol for any time not exceeding one month, unless
such forfeiture shall be soon^^r paid, and every
such driver offending in either of the said cases
shall and may, by the authority of this Act, with or
without any warrant, be apprehended by any per-
son who shall see such offence commiited, and
shall be conveyed before some Justice of the Peace
to be dealt with according to law.
47. And be it further enacted by the authority
qforesaidi That if any person shall erect, make, or
cause to be erected and made a'ly dwelling house,
building or fence, on any part of tie allowance of
one chain for the Turnpike roads, or shall make
any drain, gutter, sink or watercourse, without the
consent of the Comn^issioners first had and obtain-
ed, across or otherwise break up or injure the
surface of any such road or of any part thereof,
every person so offending shall forfeit and pay fof
every such offence any sum not exceeding forty
shilliiigs ; and it shall be lawful for the Commis-
sioners under this Act to cause such dwelling
house or other building, fence, drain, gutter, sink
or watercourse, to be taken down or filled up at
the expense of the person to whom the same shall
belong ; and it shall and may be lawful for any tw'O
or more Justices of the Peace of the District, up-
on proof thereof to them made upon oath to levy,
as well the expenses of taking down or filling up
such dwelling house or other building, drain, or
other encroachments as aforesaid, as the several
and respective penalties hereby imposed, by dis-
tress and sale of the offender's goods and chattels,
i-endering the overplus (if any) to the owner oa
demand.
48. J7id bv it further enacted by the (mthonty
aforesaid, That no pers n shall be capable of hold-
ing any place of profit under the Comniissioners
•of the Turnpike roads who shall sell atiy wiii&,
tiJe or spirituous liquors, or provieionls, by retail.
P«.r<rns building
or erecting any
house or fence, or
cutting any diich,
drain or putter on
allowance for road
subject to fine and
to pay all expcnsis
in removing th«
saniu.
No person holding
any place of profit
under Cdmrtirs.
sion^rs Mtty Veiiil
proViSioift dr lU
quora.
•J 5
If-
V 1^
Ir !
If 4
■pit
r;::!l
,'■1
ppr«nn^ !i%'inii
wiihin liall'n mi!«
of road siilijrrt to
cuhiiiiuip Matuie
lab )r at Us, 6J.
per duy.
Town Clerks to
deliver lists of
those liiible to
Clerk to Coniinis-
sioncrs and to re.
ct'ivc 10 shillin;;s.
In ca?e of refii^^^iiiT:
to commute how
to be dealt with.
Town Clerk fail.
ing to furnish list
shall forfeit five
pounds.
-11). ^lnd be it furlhu enacted by the authoi'itij
(iforcsaid, Tiiat IVoni and afler the passing of this
Act all persons living witliiti half a mile of either
side ol the roads placed bj this Act under the care
and maiMgenKMit of the Commissioners and who
are by the existing laws of the Province liable to
perfiJi-.n statute labor, shall and they are hereby
required to commute the si)me and pay the amount
in money at the rate of two shillings and sixpence
per day for every d;;y for which they are assessed,
and the town clerks for the several townships in
which the said rv)ads are situate, are hereby re-
quired to deliver to the Clerk of the Commission-
ers on or previous to the i1rst day of May in each
and every year true aid perfect lists in writing of
the names of the several persoi s within such town-
ship who are liable to pay such commutation to-
gether with the number of days he, she or they
are assessed, for which lists each town clerk upon
deliverin;^ the same sliall be entitled to demand
and receive the sum of ten shillings from the clerk
of the Commissioners to be paid out of the funds
of the Trust ; and the Commissioners shall have
full power and authority and are hereby required
to demand and receive or cause to be demanded
and received the amoimt of commutation for sta-
tute labor to be paid under this Act, and in case
any person shall nen;lect or refuse to pay the same
for the space of fou»i:een days after it shall be so
demanded, it shall and may be lawful for any two
or more Justices of the Peace of the District upon
proof thereof to them made upon oalh, to levy the
same by distress and sale of the goods and chat-
tels of the person so neglecting or refusing : and
the money so arising from such commutation shall
be applied by the"' Commissioners for the pur-
poses of this Act for repairing and maintaining
the Turnpike roads.
50. »dnd be it further enacted by the authority
aforesaid, That if any Town Clerk shall fail or
neglect to furnish the list aforesaid by the time
30
K authority
ing of this
e of either
er the care
rs and who
ce liable to
are hereby
the amount
.1 sixpence
e assessed,
wnships in
hereby re-
ommission-
lay in each
1 writing of
such town-
lutation to-
she or they
clerk upon
to demand
m the clerk
f the funds
shall have
3y required
demanded
ion for sta-
and in case
ly the same
shall be so
for any two
'.strict upon
to levy the
s and chat-
Lising : and
nation shall
or the pur-
maintaining
h,e authority
shall fail or
)y the time
before specified, he shall forfeit and pay for every
such neglect a sun* not exceeding live pounds.
51. ^dnd be it fur/her tumclid hij Ike avlhorily
aforesaid^ That so much of the fifth and twenty-
eighth clauses of an Act passed in the first year of
the Reign of Her present Majtsly Queen Victo-
ria, entitled, " An Act-to^alter and amend sundry
Acts regulating the appointment and duties of
township oilicers," as relates to the elections of
overseers of highway.., and the wilful stopping up
of any highway or road in any townsiiip, be and
the same are hereby repealed so far as relates to
the operation of this Act.
52. And be it further enacted by the ovihorify
aforesaid, That all the money collected at the dif-
ferent Toll Gates on each road shall be paid by
the Collector to the Commissioners of such road,
when required by them, and th;\t it shall be the
duty of the said Commissioners and they are here-
by requued on or before the first day of .January
and the first day of July in each and every year
to pay over to Her Majesty's Receiver General
such part of the said tolls as shall amount to the
interest of the principal money borrowed and ex-
pended in Macadamizing said roads, to be by him
applied to the payment of the interest on the said
loans as it becomes due : Provided alioays. That
the Commissioners shall state the amount paid on
account of each road respectively, and the money
so paid shall be applied only to the Debentures
issued for such road.
53. And whereas the Commissioners are au-
thorized and empowered from and after the ex-
piration of eleven years from ti.° passing of this
Act to raise such tolls on the said roads as will
enable them (besides keeping the same in repair)
to pay the interest on the said loans and redeem
the balance of the principal sum within a period
of noi less than twenty-six years. Be it further
enacted by the authority aforesaid, That the said
Commissioners arc hereby required to pay over
R<'pt'f'Ii"ff certain
prirta o( un Aot
lit Victoria.
TullCcII.cti.rto
p-iy ovor to Com-
mis-sitnrrs and
(';'!iiiiiissi(incr? to
piiy iiitfifst oflorri
t.) Receiver Gene,
lal.
Coniniissjoners to
stf.ic on what road
money is collected.
Commipsinnera
nu!h(H'i/cd after a
certniii time to levy
tolls .siiftieient to
pay principal and
iiil'TPSt of loans
and to pay ovor to
Receiver General
every nix months.
40
( =: :
Lieutenant Go.
vernor may till up
vacancies.
t,-
> -•
All tolls and j?io.
flvyw.books.ppprrs
or writing's in the
hands of any per.
% ■
eon to be delivered
;!t .:
over to Conimis.
1 1 .
sioners.
How Trustees be-
ing personally re-
sponsible for mo.
nej'8 expended
may be relieved.
the same to Hc-r iMujesty'^j lleceiver General, aj
least once in every six nionths at the periods be-
fore mentioned, to be by him applied tp the pur-
pose anil in the m:\n,ner before specified.
01. .//;<(/ be it further enacted by the authority
aforesaid, Tliat it shall and may be lawful for the
Lieutenant (jovernor or person administering the
Governmei^tof this Province from time tp time tp
nominatjL' and appoint such person or persons as
he may think fit to fill any vacancy or vacancies
which may happen iji the said board of CopimisT
sioners by death, resignation or otherwise.
55. And be it further enacted by the authority
oforesaiiU That all persons who shall have fc.een
employed by the Trustees under any Act for AJac?
adamizing the roals, who shall have received ^ny
tolls or other money for the purposes ofsi;ich
Act, which may have been repealed, or whp may
have, or shall ha- e had in their custody or posses-
sion any money, books, papers, writings or Ojther
ihings relating to any such turupite rpad, sjjali
account for and pay and deliver over the same
find every part thereof to the Conimissioners ap-
pointed under this Act iu like n^anner and under
ihe like penalties as th ^ several Collectors and
(Other persons receiving any money by virtue .of
this Act are by the said Act required to pay or
account for the same. And it shall and may be
lawful for the Commissioners appointed under aad
by virtue of this Act and they are hereby empow-
ered and required to carry into effect all such
pirts, provisions and enaclmervts of the before
T^cited Acts of the third sixth and seventh years
of (the reign of His late Maje.sty WilUanri the
Fourth, and of the first year of the reign af H^
pr sent Majesty Victoria, for Macadamizing the
roads as shall not have been repealed.
bQ. And whereas several of the Trustees ap-
pointed by the above recited Acts have for the
purposes of such Acts become personally respon-
sible for large sums of nionoy \n at>Ucipat|ipn of
41
eiiods be-
Q the pur-
authority
ful for (he
teririg ihe
to time tQ
persons as
vacancies
CopimisT
■!e.
J authoh'ity
have Ib.een
t for Alacr
:eived any
^s ofsiiich
who may
or posses-
;s or ojther
pad, shali
r the same
iioners ap-
and under
ectors and
' virtue .of
to pay or
tid may be
under and
y empow-
^t all such
the before
^nth years
ilUam the
gn of Heir
^xizing the
ustees ap-
ve for the
lly resppn.-
ipaVK>n gf
the sale of debentures, which sale has not yet
been cffecled, and which sums of money have ac-
tually been expended in the improvement of the
turnpike raads. Be it therefore further enacted by
the aul/iorUy aforesaid, That the Commissioners
under this Act shall, out of the first money arising
from the sale of such debentures, pay and dis-
charge the said sums of money, and so soon as the
same shall have been paid by the said Commis-
sioners, the said Trustees shall be and they are
hereby declared to be fully exonerated and dis-
charged from all personal responsibility respecting
such sums as aforesaid.
57. ^nd be it further enacted by the authority
aforesaid, That it shall and may be lawful for the
Commissioners under this Act, and they are here-
by required to maintain, keep in repair and re-
tain under their care and management, all such
portions of the turnpike roads, situate within the
liberties and City of Toronto, as have been made
by the Trustees under and by virtue of any of
the before recited Acts, for xVfacadamizing the
roads, and it shall not be compulsory upon the
said Commissioners to remove their ToU-Gates
without the liberties of the said city, until such
times as the Corporation shall assume the payment
of such parts of the loan and interest as have been
expended by the Trustees in constructing the
said portions of road, and shall further undertake
to keep the same in repair-
58. Jlnd be it further enacted by the authority
aforesaid, That all penalties imposed by this Act
exceeding five pounds may be sued for in any of
Her Majesty's Courts of Record in this Province^
and that every prosecutor or informer shall sue for
and recover any forfeit ire or penalty imposed by
this Act in the manner hereinafter mentioned (that
is to say) if the same shall exceed the sum of five
pounds, it shall be recoverable by action of debt
in any of Her Majesty's Courts of Rscord in which
it shall be sufficient to declare that the def&ndaful
6
Trustcespxonerat.
cd fruni personal
responsibility.
CommisBioners to
retain,i.ianage and
repair Turnpike
roada in City of
Toronto and liber.
iio» I'lir a certain
period.
IIow penalties
inipoBcd tu be re-
covered.
42
vcrcd.
Distress lovicd un.
is indebted to plaintiiT in the sum of
» being forfeited by an Act
passed in the third year of the reign of Her Ma-
llow penninc8 im. j^sty Quccn Victoria, intituled, an Act (here set
posed to be rcco. forth the title of this Act) and the plantifl* if he
recover shall have full costs, Promdcd that there
shall not be more than one recovery for the same
offence, and that twenty-one days notice be given
io the party offending, previous to the commence-
ment of such action, and that the same be brought
and commenced within three calendar months
after the offence for which such action is brought,
shall have been committed : and if the said penal-
ty or forfeiture shall not exceed me sum of five
pounds, the same shall be recoverable only by in-
formation before two or more Justices of the
Peace, and no writ of certiorari to remove the
same shall be allowed.
59. Jlnd he it further enacted by the authority
aforesaid^ — That when any distress shall be made
l^isiiusa ii;viuu uii. -' ^ •' x 1 I • 1 I
der this Act, not lor any sum or sums ot money to be levied by
of 'o.m' ^"^ "^""^ ^•''^"^ ^^ *^'s -^^^» ^^^ distress itself shall not be
deemed unlawful, nor the party or parties making
the same be deemed a trespasser or tresspassers,
on account of any default or want of form in any
proceeding relating thereto ;— nor shall the party
or parties be deemed a trespasser or trespassers
ab initioy on account of any irregularity which
shall be afterwards done, in making the distress ;
but the person or persons aggrieved by such ir-
regularity may recover the satisfaction for the
special damage, in an action on the case — Provid-
ed ahoaysy that no plaintiff or plaintiffs shall re-
cover in any action for such irregularity, trespass
or wrongful proceedings, if tender of sufficient
amends shall be made by or on behalf of the par-
ly or parties who shall have committed or caused
to be committed any such iiregularity or wrongful
proceedings before such action brought— and in
case no such lender shall have been made, it shall
; lawful for the defendant
'
may
any
43
)y an Act
Her Afa-
(licre set
itiir if he
that there
the same
be given
•mmence-
e brought
months
5 brought,
lid penal-
n of five
nly by in-
is of the
move the
authority
I be made
levied by
all not be
3S making
sspasseis,
rm in any
the party
espassers
ty which
distress ;
Y such ir-
1 for the
—Provid-
shall re-
, trespass
sufficient
' the par-
3r caused
wrongful
t— and ih
e, it shall
any such
' '
action, by leave of the Court where such action
shall depend, at any time before issue joined, to
pay into Court, such sum of money as he or they
see fit, whereupon such proceedings, orders and
judgment 3hall be had, made and given in and by
such Court, as in any other actioLs where the de-
fendant is allowed to pay money into the Court.
60. And be it further enacted by the authority
fl/bmairf,-That if any action or suit shall be ^^bVcommencci
commenced against any person or persons for any within three
thing done in pursuance of this Act, then and in wronj^ommitted.
every such case, such action or sui'., shall be com-
menced or prosecuted within three months after
the fact committed and not afterwards — and the
same or every such action or suit shall be brought
in the District and not elsewhere, and the de-
fendant in every such action or suit shall and may
plead the general i" ae, and at the trial thereof
give this Act and the special matter in evidence ;
and if the matter or thing complained of siiall ap-
pear to have been done under the author'ty and
in the execution of this Act ; or if any such ac-
tion or suit shall have been brought after the time
limited for bringing the same, — or be brought and
had in any other District or place, than as afore-
mentioned — then the Jury shall find for the de-
fendant or defendants, and if the plaintiff shall "' i'x'gmpnt i«o
become nonsuit or discontinue nis action, alter i>iainiifl,ddrn<iant
the defendant shall have appeared or have a ver-^'^^j^''''*^"'"'''^'*'*
diet against him ; or if, upon demurrer, judgment
shall be given against the plaintiff, the defendant
shall and may recover treble costs, and have the
like remedy for recovery thereof as any defendant
or defendants hath or have in any cases by Law.
CI. And be it further enacted bi; the authority Ymes and forfeit-
aforcsaidy — That all penalties and forfeitures and I'^es, not excced-
fines by this Act inflicted or authorised to be im- Hojc^cd wiHi"' *"
posed, not exceeding Five Pounds, (the manner ot>sts by distress
*_,'. , " , ri-i- ,1 • nnd sale of poods
of levying and recovering ot which is not herein ,f parties offend.
44
commit.
I*'
ing, by warrnnt of othet wisc directed) shall upon proof and convic-
rMt^pS"^!!!!. tion of the offence respectively, before any two
I!'™!."!!"''"" "'"'' 0*' more Justices of the Peace for the District,
either by confession of the party oftending, or by
the oath of any credible witness, (which oath every
Justice, is in every buch case, authorised to admin-
ister,) be leyied together with the costs attending
the information and conviction by distress and sale
of the goods and chattels of the party or parties
offendiqgt by warrant under the hand and seal of
such Justices, which warrant they are hereby em-
powered and required to grant ; and the overplus
(if any) after such penalties, forfeitures and fines,
and the charges of such distress and sale are de-
ducted, shall be returned upon demand, unto the
owner of such goods and chattels, and in case such
fines, penalties and forfeitures shall not be forth-
with paid upon conviction, then it shall be lawful
for such Justices to order the offender so convict*
ed to be detained and kept in safe custody, until
return can be conveniently made ; unless the of-
fender .shall give sufficient security to the satisfac-
tion of such Justices for his appearance before
such Justices, on such day as shall be appointed
for the return of such warrant of distress, such
day not be^n^ nkore than seven d^ys from the
time of taking such security ; and which security
such Justices are thereby empowered to take by
way of recognizance or otl^rwise ; but if upon
the ireturn ol' such warrant, it shall appear that no
su^lpient distress can be had thereupon, thea it
shall be lawful for such Justices of the Peace as
aforesaid, and they are hereby authorised and re-
quired by warrant or warrants under their hands
and seals to cause such offender to be committed
to the common gaol of the bjstrict, there to re-
main without bail or mainprise for any time not
exceeding one calendai^ month ; unless such pe-
nalties, fines and forfeitures, and all reasonable
charges attending the same» shall be sooner paid
or satisfied'
62.
a/orei
victec
this
of si3
fence
93.
afurei
naltie
ihoris
time
them
tump
this i
PasSi
Js
Legis
6//
id convic-
J any two
5 District,
ing, or by
)ath every
to admin-
attending
s and sale
)r parties
id seal of
Teby em-
! overplus
and iines,
le are de-
unto the
case such
be forth-
be lawful
) convict"
3dy, until
s the of-
? satisfac"
e before
ippointed
ess, such
from the
\ security
) take by
if upon
r that no
1, then it
*eace as
1 and re-
jir hands
►mmitted
•e to re-
gime not
such pe-
isonable
ner paid
45
62. Jnil be it further enacted hn the aulh(mtn^°'i"'^J'^^
aforesma, — Inat no person shall or may be con- vicud after six
victed of any offence contrary to the provisions ofy"£JJ°'"'""°
this Act in a summary way, after wio expiration
of six months from the time when any such of-
fence shall or may have been committed.
93. *And be it further enacted by the authority Moneys wimns
aforesaid,— Thsit all monies arising from such pe- bo"';:,- uJ'ctn.'"
nalties, fines and forfeitures, as are inflicted or au- miHsionors (or pur-
thorised to be imposed by this Act, shall be from'"^'""' '^^ '^''
time to time paid to the Commissioners, to be by
them applied in repairing and maintaining the
turnpike roads and disposed of for the purposes of
this Act.
Passed Commons House ofi
Assembly 5th day of v ALLAN N. M ACNAB,
February, 1840. 3 Speaker.
Legislative Council Chamber, )
6th day of Feb'yy 1840. $ JONAS JONES,
Speaker.
40
General Statement of the Income and Expenditure of
and the S\st day of October,
1^
\i
I
w^
Income.
Balance in the Commissioners* hands broH
forward
Revenue received from Tolls
Composition in lieu of Statute Labour. ....
Revenue from Fines
Revenue from Incidental Receipts
Amount of Money received for Debentures
sold
Debts.
Amount of Money loaned and expended . . .
Unpaid Interest
Balance, if any, due to the Commissioners..
Total Debt,
8.
D.
47
idilurc of
October,
8. D.
on
T\irnpikc Trusts, between the \sl day of JVovember
lioad.
Expenditure.
Balance due to the Commissioners brought
forward
Manual Labour
Team Work, Carriages and Materials
Materials for surface repairs
Land purchased
Damages done in obtaining materials
Tradesmen's Bills ,
Salaries — Engineer or Surveyor ,
Do. Clerks
Law Charges
Interest of Debt <
Improvement
Debt paid off
Incidental Expenses
Balance due to the Commissioners
X
Arrears of Income
Arrears of Tolls for current year
Arrears of Composition for Statute Labour.
Arrears of other receipts •
Arrears of former years
1 otal Arrears,
8.
Ij
I ='■■;
All Estimate of the Expense of maintaining the Turnpike
Road an Road, in the District', between the
\8t day ofJVbvcmber aul the 31s/ itaij of October .
Manual Labour
Team Labour and Carriage
Materials delivered on the Road, exclusive
of Carriage
Land purchased
Damages done in obtaining materials
Tradesmen's Bills
Salaries
Law Charges
Interest of Debt
Incidental Expenses
State the length of the Road, and the number of miles
finished, the rate of toll per mile, description and quality of ma-
*erials usoU, with the price and damages, &.C., paid for by the
ton or yard. State the price.
I
ir.' 'A
the Turnpike
c/, between the
iober .
umber of miles
1 quality of ma-
paid for by the