3. The president and directors shall give at least ten ten days' notice to the owners of the land required, of the time and place of meeting, so appointed by the appraisers; but if any such owner be absent, or subject to any legal disability to contract, a copy of such notice may be left at the dwelling-house of such owner, or at some public place on the lands to be appraised:

4. Each appraiser, before he shall proceed to execute his trust, shall take and subscribe in writing, before a justice of the peace in the county, the oath or affirmation prescribed in the constitution of this state:

5. The appraisers shall then proceed to view the premises, and without favor or partiality, to assess the damages sustained by the respective owners of the lands deemed necessary by the president and directors, to be taken and appropriated for the road:

6. They shall make an inquisition, under their hands and seals, or the hands and seals of any two of them, describing such land, and stating the amount of damages, if any, which each owner of lands or improvements so taken and appropriated, has sustained, or will sustain, in consequence thereof:

7. The inquisition shall be acknowledged by the appraisers signing it, before one of the judges of the county in which the lands are situated, and so acknowledged, shall be filed by them, together with their oath or affirmation of office, in the clerk's office of such county, within thirty days after it shall have been made, to be by such clerk recorded in a book for recording deeds, at the expense of the corporation.11

ART. 2.

pany may en

$27. The president and directors, upon payment of the several when comsums so assessed as damages, in the inquisition so made, or upon ter on land. making a legal tender thereof, when the monies shall be refused, shall be entitled to enter on the lands described in the inquisition, and shall have and hold the same, to them, their successors and assigns forever. 11

$28. If on any parcel of the lands so described, there shall be no r. person then living, authorised to receive the damages assessed for such parcel, and such damages shall not have been lawfully demanded, within ten days after the filing of such inquisition, the president and directors may enter thereon, without payment or tender of such damages; but subject to such payment, whenever the same shall be thereafter lawfully required.11

$29. Such president and directors shall not enter on and take pos- Iь. session of any public highway, until it shall have been appraised and paid for, in the same manner as private property, and the amount appraised for each highway so taken, shall be paid to the commissioners of highways in the town to which it shall belong, to be by them applied in improving the roads in such town.11

(11) 1 R. L. 228, § 3.

TITLE 1.

Pay of judge and apprais

ers.

$30. Whenever an appraisement shall be made of the lands on any old road, used as such by prescription, on which a turnpike shall be laid out, the appraisers shall set down the value of the soil and of the improvements, and the monies paid by any town for making such improvements, in separate sums; and the sum for which the soil is appraised shall be paid to the owners thereof, and the value of the improvements, and the sums paid therefor, by any town, shall be paid to the commissioners of highways of the town in which such old road shall be situate.12

$ 31. The president and directors procuring the appointment, shall pay to the judge for appointing appraisers, one dollar, and to each appraiser, two dollars for every day he shall be necessarily employed in his duties as such.13

Inspectors to

be appointed.

Gates to be erected.

Toll-gather

ers.

Their pow

ers.

When tolls

not to be col· lected.

ARTICLE THIRD.

Of Tolls, and their Collection.

Sec. 32. When road complete, governor to appoint persons to inspect it.

33. If made in a workmanlike manner, gates to be erected.

34. Toll-gatherers to be appointed.

35. Persons may be prevented from passing gate until toll paid.

36. When toll not to be exacted.

37. Tolls upon particular carriages.

38. Rates of toll to be kept over gate.

$32. As soon as the president and directors of any company incorporated under this Title, shall have completed their road, or any ten miles thereof, they shall give notice thereof to the governor, who shall thereupon appoint three discreet freeholders, not interested in any turnpike, to view the road as described in the notice, and to report to him, in writing, whether the same is completed in a workmanlike manner, according to the requisitions of this Title, and of the act of incorporation.14

$33. If such report shall be in the affirmative, it shall be the duty of the governor, by license under his hand, and the privy seal of the state, to permit the president and directors, to erect so many gates and turnpikes on the road reported, as shall be sufficient for the collection thereon, of the tolls authorised by law. 14

$34. The president and directors shall then appoint toll-gatherers, to collect, at each gate so erected, from the persons using the road, such toll as shall be authorised in their act of incorporation.15

$35. Each toll-gatherer may detain and prevent from passing through his gate, the persons riding, leading, or driving animals or carriages subject to toll, until they shall have paid respectively the tolls authorised by law. 15

$36. No tolls shall be collected at any gate of any company incorporated under this Title in either of the following cases:

(92) 1 R. L. 228, § 3. (13) Ib. § 4. (14) Ib. § 6. (15) Ib. § 7.

1. From any person passing to or from public worship, or a fune- ART. 4. ral; to or from a grist-mill for the grinding of grain for family use; or to or from the blacksmith's shop to which he usually resorts for work there to be done :

2. From any person going for a physician or midwife, or returning from such errand; going to or returning from court when legally summoned as a juror or witness; going to or returning from a militia training, which, by law, he is required to attend; or going to a townmeeting or election at which he is entitled to vote, for the purpose of giving such vote, and returning therefrom:

3. From any person residing within one mile of the gate at which toll is demanded, unless he shall be employed in the carriage or transportation of the property of other persons, not so residing :

4. From troops in the service of this state, or of the United States. 16 $37. From carriages having wheels, of which the tire or track is, When tolls 1. Twelve inches wide, no tolls:

2. Nine inches wide, one fourth only of the tolls otherwise payable: 3. Six inches wide, one half only of such tolls,

not to be collected.

$ 38. It shall be the duty of the president and directors, to affix List of tolla. and keep up, at or over each gate, in some conspicuous place, so as to be conveniently read, a printed list of the rates of toll demandable at such gate.16

ARTICLE FOURTH."

General Provisions embracing Corporations now existing.

SEC. 39. Five inspectors of turnpikes to be appointed for each county.

40. To inspect all turnpikes in the county, with certain exceptions.

41. Upon complaint in writing, to view road; and may order gates to be opened.

42. When gate ordered to be open, not to be shut without certificate of an inspector.

43. In certain cases, inspectors to view road out of their county.

44. Penalty for disobeying order to open gate, taking toll, &c.

45. Inspector to give notice of road being out of repair, &c. to a director.

46. Contents of notice; and in mean time gate may be ordered to be thrown open,

47. Proceedings of inspector, if notice not obeyed; fine on conviction of company.

48 & 49. Fees of the inspector, and by whom paid.

50. Penalty for delaying travellers or receiving more than legal tolls.

51. When corporation to be liable for penalties recovered against gate-keeper.

52. Corporation may commute for tolls, with certain persons.

53. If day of election for directors happen on Sunday, to be held on next day.

54. Penalties for injuring mile-stones, gates, &c. and passing gate without paying toll.

55. Penalty for turning off from road, to evade payment of toll.

56. Penalty for erecting hoist-gates not equally balanced.

$ 39. In each county of this state, in which there is or shall be any Inspectors, turpike road, there shall be not less than three, nor more than five in- &o. spectors of turnpikes, neither of whom shall be interested in any turnpike within the state.17

VOL. I.

(16) 1 R. L. 233, §7; Laws of 1818, p. 52. (17) 2 R. L. 225, § 1.

74

TITLE 1.

Powers.

on com. plaint that

repair.

$40. The persons appointed to such office, shall be the inspectors of all the turnpike roads within their county, except in cases where, by the act of incorporation, a special provision for the inspection of the road is made. But where the president, directors and company of any turnpike shall have refused or neglected to obtain the appointment of inspectors of their road, or when there shall be no inspectors of such road in office, or those in office shall refuse or neglect to serve when called upon, the county inspectors, shall, in respect to such turnpike, exercise all the powers conferred by this Article, until inspectors for such road shall be appointed according to the act incorporating the same, and until such inspectors shall accept their appointment and agree to serve.18

S41. It shall be the duty of each inspector to whom a complaint road is out of in writing shall be made, that a turnpike road, or a part of such road, in his county is out of repair, without delay to view and examine the road complained of; and if he shall find such complaint to be just, he shall give notice in writing of the defect, to the toll-gatherer, or person attending the gate nearest to each place out of repair, and in such notice, may, in his discretion, order such gate to be thrown open; but no inspector or inspectors shall order such gate to be opened, unless a notice in writing shall have been served on the gate-keeper nearest to the place out of repair, particularly describing such place, at least three days previous to making such order.18

Proceedings.

When to view road

county.

$42. Immediately after the service of such notice, each gate ordered to be thrown open, shall be opened; nor shall it be again shut, nor any toll be collected thereat, until one of the inspectors for the county, shall have granted a certificate, that the road is in sufficient repair, and that such gate ought to be closed. 18

$43. Whenever any part of a turnpike road shall be out of repair, out of their and the gate to which it has relation, is situated in an adjoining county for which inspectors shall have been appointed, such inspectors, upon a complaint in writing, shall view and examine the road complained of, and proceed thereon according to the provisions of this Article, in like manner as if the road so complained of was within the county where such gate is situated. 18

Penalty for not opening gate, &c.

$ 44. Every keeper of a gate ordered to be thrown open, who shall not immediately obey such order, or who shall not keep open such gate until a certificate permitting it to be closed shall be granted, or who, during the time such gate ought to be open, shall hinder or delay any person in passing, or take or demand any tolls from any person passing, shall, for each offence, forfeit the sum of ten dollars to the party aggrieved. 18

(18) 2 R. L. 225, § 1 & 3; Laws of 1819, p. 308, § 1 & 3; Act concerning the Revised Statutes, passed Dec. 10, 1828, § 15.

ART. 4.

notice.

$45. It shall be the duty of each inspector, who, upon due examination, shall have discovered a turnpike road within his county, Inspector to be out of repair, or that any gate thereon is placed in a situation when to give contrary to law, to give notice in writing of such defect or default, to one or more of the directors of the company to which such road shall belong. 19

notice.

$46. In such notice, he shall require the defective road to be re- Contents of paired, or the gate improperly placed to be removed, within a certain time to be fixed in the notice; and in his discretion, may order, that in the mean time, the gates on such road, or such of them as he shall specify, be thrown open.19

if not com

$47. If the requisitions of such notice be not obeyed, it shall be the Proceedings duty of such inspector, to make immediate complaint to the attorney-plied with. general, or the district attorney for the county, whose duty it shall be to prosecute the delinquent company, in the name of the people of this state. Such corporation, if convicted of having suffered their road to be out of repair, or having placed one or more of the gates thereon in a situation contrary to law, shall be fined in a sum not exceeding two hundred dollars. 19

tion of turn

tors.

$48. To each inspector of turnpikes, who shall view a turnpike compensaroad upon complaint made to him, shall be allowed the sum of two pike inspec dollars for each day spent by him in the performance of such duty. If he shall adjudge the road viewed to be out of repair, such fees shall be paid by the company to which the road shall belong; otherwise,

they shall be paid by the party making the complaint.19

$49. Such fees, when payable by the company, shall be paid by How paid. the toll-gatherer nearest the road adjudged out of repair, on demand, and out of the tolls received or to be received by him; and may be recovered, with costs, of such toll-gatherer, if he shall neglect or refuse to make such payment. 19

toll-gather

$50. Every toll-gatherer, who, at any turnpike gate, shall unrea- Penalty on sonably hinder or delay any traveller or passenger liable to the pay- era. ment of toll, or shall demand and receive from any person more toll than by law he is authorised to collect, shall, for each offence, forfeit the sum of five dollars to the person aggrieved.20

How collect

$51. Whenever a judgment is obtained against a toll-gatherer for a penalty, or for damages, for acts done or omitted to be done by him ed. in his capacity of toll-gatherer, and goods and chattels of the defendant to satisfy such judgment cannot be found, it shall be satisfied by the corporation whose officer he shall be; and if, on demand, payment be refused by the corporation, the amount thereof may be recovered, with costs, of such corporation. 21

(19) 2 R. L. 225, § 3. (20) 1 R. L. 234, § 9. (21) Ib. 2 R. L. 226, § 4.