lemanded by the person to whom the same is payable by such vriting; or if no person be named therein, by the treasurer of uch turnpike, or intended turnpike road, it shall be lawful or such treasurer or person to recover the same, in any court of record, by action. 13 Geo. 3. c. 84. s. 35. account. And all mortgagees, that shall take or be in the possession of Mortgagees in ny toll-gate erected on any turnpike road, or of any lands, possession to he rents whereof are appropriated to the repairs of any turnike road, shall, within fourteen days after he shall have re eived notice in writing from the trustees, or five of them, rener upon oath, to be administered by one justice or one trusee, an exact account, in writing, of all monies received by such nortgagee, or by any other person, for his use, or by his auhority, at such toll-gate, or otherwise, and of what he has exended in keeping or repairing the same: and in case he shall eglect to render such account when required, as herein directd, he shall forfeit to the trustees, 10. to be recovered by the rustees, or five of them, or by the treasurer or clerk to the rustees in a summary manner, before one justice, which when ecovered shall be applied to the use of the road. s. 52. And if such mortgagee shall keep possession of any toll-gate, Penalty on holding over. y himself, or any other person on his behalf, and receive the lls thereat, or of such rents, after such mortgagee shall have eceived the full sum due on mortgage, and the interest thereof, ith costs, such mortgagee shall forfeit to the said trustees ouble the money received over the money due, with treble osts, to be recovered by the trustees, or by the treasurer or erk, by action of debt, &c. in any court of record; which, hen recovered, shall be applied to the use of the road, s. 53. 10. Toll-Gatherers. In case the tolls are not let to farm, the trustees may appoint collector. 13 Geo. 3. c. 84. s. 31. But no person keeping a victualling-house, ale-house, or ther house of public entertainment or who shall sell any wine, yder, beer, ale, spirituous, or other strong liquors, shall be caable of collecting the toll. s. 46. And no gate-keeper, or person renting the tolls thereof, and esiding in any toll-house belonging to the trust, shall be re. oveable from such toll-house by the order of any justices, in ursuance of any laws now in being for the relief of the oor, unless he shall become actually chargeable to the parish a which such toll-house is situate. s. 56. And no such gate-keeper, or person renting such tolls, and esiding in such toll-house, shall thereby gain a settlement in ny parish, and no tolls taken at any gate, nor any toll-house rected, for collecting the same, nor any person in respect of uch tolls, or toll-house, shall be rated towards the poor-rate r any other public or parochial levy. s. 56. And it shall be lawful for two trustees, upon the death of any toll-gatherer appointed to collect the tolls, to nominate some other person in his place until the next meeting of the trustees; which person so nominated, shall have the like power, and be accountable in the same manner, as the person dying. 5. 54. And if any toll-gatherer, who shall be discharged from s office by the trustees, shall refuse to deliver up the possessin of the house, &c. which he enjoyed in right of his appo ment to that office, within two days after notice of his discha shall be given to him, or left at his house; or if the wife or mily of such toll-gatherer who shall die, shall refuse to deline up the possession of such honse, &c. within four days after sid new appointment shall be made ;-then it shall be lawful f any justice, by warrant (XIII), to order the constable, peace-officer, with such assistance as shall be necessary, to ter such house in the day-time, and to remove the persem found therejn, together with their goods, and to put the ne appointed officer into the possession thereof. s. 54. And the gate-keeper, shall, when required, by notice in (XIII) Warrant from a justice of peace to enter the tollhouse, and remove the persons therein. Middlesex. To the (constable, headborough, tithing of in the said county. Whereas complaint hath been made unto me A B, esq one of his majesty's justices of the peace for the said comm upon the oath of and other evidence now prodial to me, that C D, who now inhabits the turnpike or toll"-house at upon the turnpike road leading from to and was appointed to collect the tolls the hath been duly discharged by the trustees of the said t 'pike road from any further collecting or receiving the te ⚫ arising at the said gate, and hath refused, and still doth ref to quit the possession of the said house; and the said C C having been summoned to appear before me this day, to sha cause why he should not be removed from the said house, having shewn no sufficient cause for that purpose, I do her by authorise and require you, with such assistance as sa 'be necessary, to enter into the said toll-house or turnpike house and the buildings belonging thereto, in the day t and to remove the said C D, and all such persons, as shall i found therein, together with his and their goods, out of su house and buildings, and to put EF, the person latelys pointed by the trustees to collect such tolls, into the pos sion thereof, for which this shall be your sufficient rant. G riting from the trustees, or five of them, render upon oath, to administered by one justice or trustee, a true account, in riting, of all monies received by him at such toll-gate or otherise, on account of such turnpike road, not before accounted r, under the penalty of 5. to be recovered in a summary anner before one justice, and applied to the use of the road. 55. And if any toll-gatherer or gate-keeper shall permit any aggon, wain, cart, or carriage, to be drawn upon any turn. ke-road within the view, or with the knowledge of such ate-keeper, or to pass through any toll-gate with any greater umber of horses, or with any carriage drawn in any other anner than before directed, or without such names and escriptions painted thereon as are hereby directed, and shall t, within one week, proceed for the recovery of the foriture for such offence, as directed by this act, he shall forfeit )s. s. 57. IX. The duty of the Surveyors of turnpike roads. Concerning the statute duty to be performed on turnpike roads. As to getting materials. Their power of applying the provisions in the general highway act, for the benefit of turnpike-roads. Penalty on surveyors suffering annoyances to remain on rouds. Concerning the statute duty to be performed on turnpike roads. The surveyors of all turnpike roads shall cause the statute ty required by the turnpike acts, and the compositions arisg from the same, to be performed and expended upon the ropike-road lying within the parish from which such duty all be required, and not elsewhere; and shall forfeit 40s. for 13 Geo. 3. e. 81. s. 32. ery misapplication thereof. And where there are two or more turnpike roads under If more turnveral acts within the same parish, and the statute duty directed pike roads all such acts shall exceed three days duty in the whole; than one in same parisli, en it shall be lawful for two justices, at some special sessions, justices to adadjust (XIV) the statute duty betwixt such turnpike roads just the pro KIV) Order of justices at a special session, for proportioning Tiddlesex. At a special sessions, held by justices of the peace, the ut day of 18 It appearing to us, that part of the highway lying in the parish, &c.) of was made turnpike road by an act, portions. In what case the duty may be dispensed with. and the other highways in such parish, as they think fit, having regard to the extent and condition of the several roads and highways, and also to the tolls arising from such turnpike roads, the said justices previously summoning the clerks and survey. ors of such turnpike roads, and likewise the surveyors of the highways, for such parish. 13 Geo. 3, c. 84. s. 32. And as there may be turnpike roads in such a state with gard to repairs, and revenues, that the statute duty required be performed may be dispensed with, and employed more a veniently for the benefit of other highways within the parsh, it shall be lawful for the justices at any special sessions, upa application to them made by the surveyor of any parish in the situation before described, to summon the clerk and surveyord such turnpike road to appear before them, at some other special sessions, and then and there to produce before them a state of th revenues and debts belonging to such road, and for such justices passed in the called the year of the reign of king George the turnpike road; and also that part of year of the turatske k ' another highway, lying in the same (parish, &c.) was made [The proportion of the duty to be varied as the circumstanom of the cases shall require.] en and there to enquire into the state of the repairs thereof, nd also of such other highways; and if it appear, that the hole, or part of such statute duty may be dispensed with from ich turnpike road, without endangering the securities for the oney advanced upon the credit of the tolls, and that such sta te duty is wanted for the repairs of the other highways within ich parish, then it shall be lawful for the justices to order XV) the statute duty to be performed upon the highways, XV) Order of justices at a special sessions, to take part of the statute duty from turnpike-roads, for the benefit of other highways in the said parisk, &c. [iddlesex. At a special sessions, held by justices of the peace for the said county, acting in the (hundred) within the said county, at ' of the day of 18 on Whereas application and complaint upon oath has been made unto us by A B, surveyor of the (parish, &c.) of that the several highways, not being turnpike, within the said (purish, &c.) are very extensive, and in bad repair, and hat a considerable part of the statuteduty arising within the said (parish, &c.) hath been called forth and required to be applied in the repair of certain turnpike roads lying within the said (parish, &c.) which are in good condition, and have a consi derable revenue for their support, arising from the tolls col. lected thereupon: and we having duly summoned CD, the surveyor of the said turnpike road, to appear before us, to shew cause why the said statute duty called forth, and applied by him to the repair of the said turnpike road should not be withdrawn therefrom and applied to the repair of the other highways within the said (parish, &c.); and upon hear ing the said C D, and receiving an account of the revenues and debts of the said turnpike road, and of the state and condition of the repairs of the said turnpike road and highway respectively; and it appearing to us, upon full consideration had thereupon, that part of the statute duty hitherto employ." ed by the said (parish, &c.) for the repair of the said turnpike road, may be conveniently dispensed with, without endangering the securities for the money advanced upon the credit of the tolls thereof; and that such statute duty is wanted for the repairs of the other highways within the said parish; we, in pur. suance of the power given to us by the act passed in the thir teenth year of the reign of king George the third, for regu lating turnpike roads, do order, that from and after the 99th day of September next, there shall be only (one) day's statute' duty performed by the inhabitants of the said (parish, &ç.) upon the said turnpike road within the same, and that the re |