enjoyment, or receipt of the rent and profits of lands, tenements, or hereditaments, of the clear yearly value of 101. or possessed of, or entitled to, a personal estate to the value of 3001. (as the case may be.)

So help me GOD.

And if any person shall presume to act contrary to the meaning ereof, he shall forfeit 50l. to any person who shall sue, in any ourt of record; and such person shall prove that he is qua ied, or otherwise pay the 50l. without any other proof the part of the plaintiff, than that he acted as a trustee.

44.

And no person who shall keep any victualling-house, ale- No publicau to use, or other house of public entertainment, or who shall sell be a trustee. y wine, cyder, beer, ale, spirituous or other strong liquors, retail, shall be capable of acting as a trustee. s. 46.

And where any action shall be brought by or against any trus- Evidence of of any turnpike road, evidence of such trustee having acted, being a trustee. ether with the act by which he was appointed, or the order,

A copy of the order, for his appointment, in case he was ap ated by the trustees, shall be sufficient proof of his being a stee. s. 64.

II. As to other officers.

́o person who shall keep any victualling-house, ale-house, No alehousether house of public entertainment, or who shall sell any keeper to be , cyder, beer, ale, spirituous, or other strong liquors, by employed. 1, shall be capable of enjoying any place of trust or profit r the trustees of any act for erecting turnpikes; but no person shall be precluded from farming such tolls, provided aploys a person to collect them who shall not be under such acity. 3 Geo. 3. c. 84. s. 46.

ery treasurer and surveyor of any turnpike road, shall Treasurers and a one month after his appointment, give a bond to the surveyors to es, with a sufficient surety, in such penalty as the give a bond to zes, at any public meeting, shall direct, conditioned for paying and accounting for all money which he shall reas treasurer or surveyor. s. 65.

account.

nd every surveyor of any turnpike road shall, when requir- Accounts.
y notice in writing from the trustees, or five of them, ren
pon oath, to be administered by one justice or trustee, a
ccount in writing, of all monies received by him, and not
accounted for, under the penalty of 51. to be recovered in
mary way before one justice, and applied to the use of the

8. 55.

all clerks, treasurers, surveyors, and other officers, ap

is bond is similar to the precedent, No. VII. under title. High

Appointment

Oi metins

How long the zej urement may be.

ness.

pointed by any act for the repair of turnpike roads, and their executors or adminstrators, shall, within ten days after notice in writing to them given by the trustees, or five of theta, at amet, ing held pursuant to such act, produce and deliver up to sch trustees, all books, accounts, papers, or writings, relative to such offices, which shail be in their custody; and such priss, neglecting or refusing to produce and deliver up such books,tt.. after such notice, shall forfeit 201. s. 45.

III. Turnpe-meetings.

By 18 Geo. 3. c. 63, where the trustees appointed by act, made or to be made, for amending or repairing any cular turnpike roads, shall not meet on the day appointed ( their first meeting by such act, or on any day appointed by adjus ment, for their meeting, or shall not adjourn in the ner rected by such act; or when the day appointed for the first med ing has clapsed before the passing of such act: it shall be l ful for five trustees, to cause notice, under their hands, to afixed on all the turnpike gates on such roads; or if no turapik gate shall be there erected, to cause the like notice to be z ed in some conspicuous place, in one of the market towas the roads directed to be repaired, and also to be published a some newspaper circulated in that part of the country, at let twenty days before the intended meeting, appointing the tra to meet at the place where the last preceding meeting pointed to have been held, or at the place directed for meeting, if no preceding meeting shall have been held; mi tha said trustees, when met in pursuance of such notice, skus turf such act into execution, in as full a manner as if no nget omission had happened. s. 1.

t

And no meeting of such trustees shall be adjourned for long than three months. 13 Geo. 3. c. 84. s. 50.

And no business shall be done by the trustees, at any mee Hours of busi-held under this or any other act, before ten in the forese and no adjournment shall be made to any hour later thas in the afternoon of the day on which such meeting shail bel pointed to be held. s. 50.

Orders to be signed.

And every act agreed upon at any meeting shall be s at the said meeting by a competent number of truste otherwise such meeting, adjournment and act, shall be

s. 50.

IV. Erecting side-gates.

No toll-gate shall hereafter be erected on the side of turnpike-road, unless ordered by the trustees, at a meeting which twenty-one days public notice (1) shall have beɛn

(1) Notice of a meeting of trustees, for ordering a side to be erected.

Notice is hereby given, That the trustees of the targe roads, under an act passed in the — year of the re

writing affixed upon all the toll-gates, erected on such roads, d also in some public newspaper circulated in that part of the intry,specifying the place where such side-gate is proposed to be ected,and unless nine trustees at least (being a majority of those esent) shall sign the said order (II) at such meeting; and no rson shall be liable to pay toll at any toll-gate erected across On the side of any turnpike-road, or be subject to any penalfor any carriage or beast, which shall only cross such d, and shall not pass above one hundred yards thereon, ext over some bridge, erected at a considerable expence by the stees. 13 Geo. 3. c. 84. s. 34.

But this shall not affect any toll-gate authorised to be set up any place particularly specified in any act passed before the King of the act 13 Geo. 3.-14 Geo. 3. c. 57.

And if the trustees appointed to put any act into execution, How improper l abuse or exceed their power, by erecting, or continuing gates may be removed. gate, where they have not power to erect such gate, it I be lawful for the justices, in their general quarter ons, upon complaint of such abuse, in a summary way

king George the

for state the material parts of

e title of the act], will meet at the house of next, at the hour of

-on the

at

in

noon, in order to consult about erecting a tolle on the side of the said turnpike-road, at or near a place across a certain highway there, leading to

led

ated the

day of

17

A. B, clerk to the said trustees.

II) Order of the trustees for erecting a side-gate.

it a mecting of the trustees of the turnpike-roads, under
Let passed in the
year of the reign of king Georgs
for [here state the material parts of the title of the
being assembled this day of
18- to en-
e the directions of an act, passed in the thirteenth year of
reign of king George the third, for regulating the turn-
roads (as far as the same respects the erecting of side-gates)
ursuance of public notice given in writing upon all the toll-
s erected on the said road, and also in the

news

rs circulated in this part of the country, for twenty-one
now last past; we do order, that a toll-gate shall be
ed on the side of the said turnpike-road, at or near a
called
across a certain highway there leading to
-, and that the following toll be taken at the said gates:
here insert the particular tolls to be taken at the said
zate.']

[This to be signed by nine trustees at least.]

to determine the same, and thereupon to order the sheriff of the county to remove such gate. 13 Geo. 3. c. 84. s. 51.

P. Erecting weighing-engines.

By 13 Geo. 3. c. 84, it shall be lawful for the trustees ap pointed by any act for the repair of any turnpike-road within England, or five of them, at some public meeting, at any gath or bars erected for receiving toll, or upon any part of the rad within their jurisdictions, and at such a distance from any ti pike as they think expedient, to order (III) and cause to built a crane, machine or engine, proper for weighing of carts, waggons, or carriages conveying goods; and, by writing ed by them, to order all such carriages, which shall pass loaded through such gate to be weighed, together with the loading there of. s. 1.

(III) Order of trustees for erecting a weighing-engine. At a meeting of the trusteees of the turnpike-roads, under un 6 act, passed in the thirteenth year of the reign of his majesty King George the third, for [state the principal part of the title of the act] held at day of

18

the

In pursuance of the powers given to us, by an act passed in the thirteenth year of the reign of his majesty kingangs. the third, for regulating the turnpike roads, we do bucky, order, that an engine proper for the weighing of carti of the constructions and weights specified in the said act, ⚫ forthwith erected, at, or as near as conveniently may dete) toll-gate or bar now erected upou the said turnpike-road-; and that A B, the (treasurer, elesk, or surveys of the said turnpike-road, do contract with some proper penë (or with CD) in case the trustees shall think fit to p the person) for the making and erecting such engine, and inspect and take care that the same is properly done; and do order the gate-keeper at the said gate or bar, for the being, to attend the said weighing-engine, and carefully 6 weigh all carriages, passing loaded upon the said roads, at ⚫ place where such engine shall be erected, together with loading thereof, and to take the several additional tolls or ram for overweight, and give tickets of the weight of such riages and loading, when required by the driver ten according to the directions of the said aer; and also to ⚫ter in a separate book, to be kept by him for that per an account of every carriage so weighed, which shall, the loading, exceed the weights allowed by the said act, account to us for the money received for all such org • weight.'

VI. Additional toll for overweight.

By 14 Geo. 3. c. 82. s. 2, the trustees, or any five of them, r any person impowered by them, may receive, over the tolls ranted *, for every cwt. of 112lb. to the hundred, which every aggon or cart hereafter described, together with the loading hereof, shall weigh over the weight hereafter allowed to each of em respectively;

For the first and second hundred of ich overweight, per hundred,

For every hundred above 2, and not exeding 5 cwt. of such overweight, per indred,

g 10 cwt.

above 5, and not exceed

above 10, and not exceed.

g 15 cwt.

above 15 cwt.

£. s.
0 0

d. Additional

3 toll.

006

But the trustees of the turnpike roads within ten miles of
ndon and Westminster, and Southwark, may at their general
quarterly meetings, lower the additional tolls as overweight,
such manuer as to them shall seem meet. s. 3.

And there shall be allowed to every waggon or four-wheeled
rriage, having the fellies or rollers of the wheels of the breadth
sixteen inches, 8 tons in summer, and 7 in winter :
To every waggon or wain, having the axletrees thereof of such
ferent lengths that the distance from wheel to wheel of the
arer pair of the said wheels be not more than four feet two
ches, to be measured at the ground, and that the distance from
heel to wheel of the other pair thereof be such, that the fore
d hind wheels of such waggons and wains shall roll only one sin-
surface or path of sixteen inches wide at the least, on each side
the waggons or wains, and having the fellies of the breadth
nine inches from side to side at the bottom or sole thereof, 6
as 10 cwt. in summer, and 6 tons in winter:

To every waggon or four-wheeled carriage, having the sole
bottom of the fellics of the wheels of the breadth of nine inches,
tons in summer, and 5 tons 10 cwt. in winter:

*The additional toll is not to be paid after the whole overweight, Lit is to be paid according to the progressive proportions named in the ; as for instance, for a waggon weighing 18 cwt, not after the rate Os. for the whole overweight, but only 3. per cwt. for the Ist. and hundred weight, 6d for every cwt. above 2, and not exceeding 5 1. and 2s. 6d. for every cwt. above 5, aud not exceeding 10 cwt. and on. Chamberlain v. Ingham, Cowper, 9661