« PreviousContinue »
Iemanded by the person to whom the same is payable by such writing ; 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 -f record, by action. 13 Geo. 3. c. 84. s. 33.
And all mortgagees, that shall take or be in the possession of Mortgagees in ay toll-gate erected on any turnpike road, or of any lands,
possession to he reuts 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 er. ended in keeping or repairing the same: and in case he shall eglect to render such account when required, as herein direct. d, 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 ustees 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 y bimself, or any other person on his behalf, and receive the
holding over. ills thereat, or of such rents, after such mortgagee shall have ceived 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. loveable 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 ir any other public or parochial levy. 8. 56.
And it sball 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 nert meeting of the trustees ; which person so nominated, shall have the like power, and be accountable in the same manner, as the person dying. 3. 51.
And if any toil-gainerer, who shall be discharged from is office by the trustees, shall refuse to deliver up the possessin of the house, & c. which he enjoyed in right of his appott
. ment to that oflice, within two days after pouce of his discim shall be given to him, or left at his house ;-or if the wife or the moily of such toll-gatberer who shall die, shall refuse to deline up the possession of such honse, &c. within four days after ach new appointment shall be made then it shall be lawfel fut any justice, by warrant (XIII), to order the constable, et peace-officer, with such assistance as shall be pecessary, ier such house in the day-time, and to remore the perseri found therejn, together with their goods, and to put the bet appointed officer into the possession thereof, s. 54.
And the gate-keeper, sball, when required, by notice is
(XIII) arrunt from a justice of peace to enter the tollhouse, and remove the persons
(herein. Middlesex, To the constable, headborough, tithingmaa) of --
- in the said countyy. "Whereas complaint hath been made into me A B, esquireng one of his majesty's justices of the peace for the said ccess, Cupon the oath of --- and other eridence now produc
to me, that C D, who now inhabits the turnpike or tall.com Chonce at upon the turnpike road leading from sto
and was appointed to collect the tolls there. hath been duly discharged by the trustees of the said turke
pike road from any further collecting or receiving the ta • arising at the said gate, and hath refused, and still doth roeien to quit the possession of the said house ; and the said CD
having been suumoned to appear bufore me this day, to stra cause why he should not be removed from the said house,
hasing shewn no sufficient cause for that purpose, I do breve "by authorise and require you, with such assistance as suas
be necessary, to enter into the saiúl toll-house or turapake house and uie buildings belonging thereto, in the day. ti. and to remove the said C D, and all such persons, as shall .tourd therein, together with his and their goods, out of such • house and buildings, and to put EF, the person lately as 'pointed by the trustees to collect such tolls, into the pussy* sion thereof, for which this shall be your suilicient ranit. Given under my hand and scal this
writing from the trustees, or five of them, render upon oath, to ve administered by one justice or trastee, a true account, in Friting, of all monies received by him at such toll-gate or otherrise, on account of such turnpike road, not before accounted or, under the penalty of 51. to be recovered in a summary janner before one justice, and applied to the use of the road. . 55.
And if any toll-gatherer or gate-keeper shall permit any aggou, wain, cart, or carriage, to be drawn upon any turn. iko-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 ot, within one week, proceed for the recovery of the for iture for such offence, as directed by this act, he shall forfeit is. s. 57.
rx. 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 high
way act, for the benefii of turnpike-roads. Penilty 'on surveyors suffering annoyances to remain on
roads. 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 aris.' s 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 ery, misapplication thercof. 13 Geo. 3. e. 81. s. 32. And where there are two or more turnpike roarts under If nuure turne veral acts within the same parish, and the statute duty directed pike roads rall such acts shall exceed three days duty in the whole; than one in en it shall be lawful for two justices, at some special sessions,
justices to ada adjust (XIV) the statute duty betwixt such turnpike roads
just the pro
portions. SIV) Order of justices at a special session, for proportioning
the statute duty, where there are tzco or more turnpike roads in the same place. liddlesex. At a special sessions, held by justices of the peace fur the suid county, acting for the (hundred, riding, division, &c.) of
within the suid (hundred, &c.) the day of
18It appearing to us, that part of the highway lying in the parish, 8c.) of
was made turnpike road by an act,
and the other highways in such parish, as they think it, deris: regard to the extent and coodition of the several roads and highways, and also to the tolls arising from such tarapike roads
, the said justices previously summoning the clerks and sorter ors of such turnpike roads, and likewise the surveyors of the
highways, for such parish. 13 Geo. 3, c. 84. 4. 32. In what case
And as there may be turnpike roads in such a state witbs the duty may gard to repairs, and revenues, that the statute duty required to with. be performed may be dispensed with, and employed more car
veniently for the benefit of other highways within the parish, it shall be lawful for the justices at any special sessions, up: application to them made by the surveyor of any parish in the situation before described, to summon the clerk and surrepared such turnpike road to appear before them, at some other special sessions, and then and there to produce before them a state of the revenues and debts belonging to sucb road, and for such justices
year of the
passed in the -- year of the reign of king George the
called the turnpike road; and also that part o' another highway, lying in the same (parish, 8c.) was made turnpike road, by an act passed in the reign of king George the -, called turnpito • road; and that, &c. (state the others in the same mandet, “There are more than two); and that by the said several so, 6 more than three days statute duty are required to be perform
ed by the inhabitants of the said (parish, &c.) upon alt til "said turnpike roads : and we having, pursuant to the 5 • tions of the act, passed in the thirteenth year of the reign king George the Third, for regulating the turnpike not duly summoned the surveyors of the said several turopska 6 roads, and also the surveyor of the said (parish, &c.) to ar
pear before us this day; and having had regard to the extent • and condition of the several highways within the said (porate • &c.) aud to the tolls and revenues arising from the said taropria • roads, and having heard and considered the whole fase,
do order, that the inhabitants of the said (parisk, 61 'shall perform (one) day's statute duty upon the said niet called the
turnpike road; (one) other day's state • duty upon the said road called turnpike-road, **
under the directions and inspection of the surveyors of the
respective turnpike roads, and the remainder of their staa: • duty upon the other highways within the sait! (parish, • under the direction and inspection of the surveyor (or yta sors) thereof.
The proportion of the duty to bę varied as the circumstance
of the cases shall require.]
hen and there to enquire into the state of the repairs thereof, and also of such other highways; and if it appear, that the whole, or part of such statute duty may be dispensed with from uch turnpike road, without endangering the securities for the noney advanced upon the credit of the tolls, and that such sta. ute duty is wanted for the repairs of the other highways within uch 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
within the said county, at
day of 18« 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 hata considerable part of the statuteduty arising within the said (parisk, fc.) hath been called forth and required to be applied in the repair of certain turnpike roads lying within the said (parisk, &c.) which are in gooi condition, and have a consie derable revenue for their support, arising from the tolls col. lected thereupon: and we having duly summoned CD, the jurveyor of the said turnpike road, to appear before us, te 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 (paris', &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 con. dition 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 daty 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. zuance of the power given to us by the act passed in the thira teenth year of the reign of king George the third, for regula lating turnpike roads, do order, that from and after the 29th day of September next, there shall be only one) day's statute duty performed by the inhabitants of the said (purisk, &ç.) upon the said turppike road within the same, and that the re