IMAGE EVALUATION TEST TARGET (MT-3) 1.0 I.I 1^128 |25 m m m u I* , 140 12.0 1.25 II U ^ < 6" ► 0%i ^ 03 m'>.^J' Photographic Sciences Corporation 4 i\ ■^^ o ^. <% V ^-V v\ 23 WIST MAIN STRliT WUSTIR,N.Y. MS80 (7l6)t72-4S03 '^ 5 C!HM/ICMH Microfiche Series. CIHM/iCMH Collection de microfiches. Canadian Institute for Historical Microreproductions / Institut Canadian de microreproductions historiques Technical and Bibliographic Motas/Notas tachniquas at bibliographiquas Tha Instituta ha* attamptad to obtain tha baat original copy availabia for filming. Faaturaa of thia copy which may ba bibliographically uniqua, which may altar any of tha imagaa in tha raproduction, or which may aignificantly changa tha usual mathod of filming, ara chacltaid balow. HCoiourad covars/ Couvartura da coulaur I I Covars damagad/ D D D D D Couvartura andommagAa Covars rastorad and/or laminatad/ Couvartura rastaurte at/ou palliculte I I Covar titia m'ssing/ Le titra da couvartura manqua Colourad maps/ Cartas gAographiquas mn coulaur □ Colourad inic (i.a. othar than blua or black)/ Encra da coulaur (i.a. autra qua blaua ou noira) I I Colourad piatas and/or illustrations/ D Planchas at/ou illustrations an coulaur Bound with othar matarial/ RaliA avac d'autras documants Tight binding may causa shadows or distortion along intarior margin/ La re liura sarr^e paut causar da I'ombra ou da la distortion la long da la marga intAriaura Blank laavas addad during rastoration may appaar within tha taxt. Whanavar possibla. thasa hava baan omittad from filming/ II sa paut qua cartainas pagas blanchaa ajouttes lors d'una rastauration apparaissant dans la taxta, mais, lorsqua cala Atait possibla, cas pagas n'ont pas 4t4 f iimtaa. Additional commants:/ Commantairas supplAmantairas: L'Institut a microfilm^ la maillaur axamplaira qu'il lui a iti possibla da sa procurar. Las dMails da cat axamplaira qui sont paut-Atra uniquas du point da vua bibliographiqua. qui pauvant modif iar una imaga raproduita, ou qui pauvant axigar una modification dans la mAthoda normala da f ilmaga sont indiquis ci-dassous. I I Colourad pagas/ D Pagaa da coulaur Pagas damagad/ Pagas andommagAas Pagas rastorad and/oi Pagas rastaurAas at/ou paiiiculAas Pagas discolourad, stainad or foxat Pagas dAcoiortas, tachatias ou piquias Pagas datachad/ Pagas dAtachtes Showthrough/ Transparanca Quality of prir Quality inAgala da I'imprassion Includas supplamantary matarii Comprand du material supplAmantaira Only adition availabia/ Saula Mition disponibia r~n Pagas damagad/ r~1 Pagas rastorad and/or laminatad/ FTI Pagas discolourad, stainad or foxad/ I I Pagas datachad/ rri Showthrough/ I I Quality of print varias/ I I Includas supplamantary matarial/ I — I Only adition availabia/ Pagas wholly or partially obscurad by arrata slips, tissuas, ate, hava baan rafilmad to ansura tha bast possibla imaga/ Las pagas totalamant ou partiallamant obscurcias par un fauiilet d'arrata, una palura, ate, ont M filmtes A nouvaau da fa^on A obtanir la maillaura imaga possibla. This itam is filmad at tha reduction ratio chackad balow/ Ca document ast film* au taux da reduction indiqu* ci'dassous. 10X 14X 18X 22X 28X aox t 12X 16X 20X a4X 2BX 32X The copy film«d h«r« has b««n roproduc«d thanks to tha ganarosity of: Library of tha Public Archives of Canada L'axamplaira filmA fut raproduit grica k la gAnAroalt* da: La bibiiothiqua das Archivas pubiiquas du Canada Tha imagas appearing hara ara tha bast quality possibia considaring tha condition and lagibility of tha original copy and in kaaping with tha filming contract spacif ications. Laa imagas suivantas ont AtA raproduitas avac la plus grand soin, compte tenu da la condition at da la nattatA da l'axamplaira filmA, «t an conformity avac las conditions du contrat da filmaga. Original copias in printad papar covars ara filmad beginning with tha front covar and ending on tha last page with a printad or illustrated impres- sion, or the back cover when appropriate. Ail other original copies are filmed beginning on the first page with a printed or illustrated imprea- sion, and ending on the last page with a printed or illustrated impression. The last recorded frame on each microfiche shall contain the symbol ~^- (meaning "CON- TINUED"), or the symbol ▼ (meaning "END"), whichever applies. Les exempiaires originaux dont la couverture en papier eat Imprimte sont filmte en commencant par la premier plat at an terminant soit par la derniire page qui comporte une empreinte d'impresslon ou d'lllustration, soit par la second plat, salon la cas. Tous les autres exempiaires originaux sont filmte an commen^ant par la premidre page qui comporte une empreinte d'impreasion ou d'lllustration at en terminant par la darnlAre pege qui comporte une telle empreinte. Un dee symboles suivants apparaftra sur la darniAre image de cheque microfiche, selon le cas: la symbols — ► signifie "A SUIVRE", le symbols ▼ signifie "FIN". IMaps, plates, charts, etc., may be filmed at different reduction retios. Those too large to be entirely included In one exposure ere filmed beginning in the upper left hend corner, left to right and top to bottom, as many frames as required. The following diagrams illustrate the method: Les cartes, plenches, tableaux, etc., peuvent Atre film^ A des taux de rMuction diffirents. Lorsque le document est trop grand pour Atre reproduit en un seul clichA, 11 est filmA A partir da Tangle aupAriaur gauche, de gauche A droite, et de haut en bee, en prenant le nombre d'imagas nAcessaire. Les diagrammes suivants illustrent la mAthode. 1 2 3 32X 1 2 3 4 5 6 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"'«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 -• 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,ddrnsts 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