TITLE 1. the road, such toll as shall be authorized in their act of incorporation.1

Their powers.

When tolls

not to be

[585]

S35. 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 authorized by law.1

$36. No tolls shall be collected at any gate of any company collected. incorporated under this title in either of the following cases: 1. From any person passing to or from public worship, or a funeral; 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 16 Barb., 15. resorts for the work there to be done ;

8 J. R. 150. 9 do., 356, 357.

When tolls not to be collected.

List of tolls.

Fixing of

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 town meeting 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.2

S37. From carriages having wheels, of which the tire or track is:

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,

Shall be collected.2

$38. It shall be the duty of the president and directors, to affix 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.2

$39. It shall be lawful for the county judge of the county in toll-gates. which any toll-gate is or may hereafter be erected, on any turnpike road, to determine and fix the location thereof, and to order any such gate to be removed whenever its location shall do injustice to the public or to the corporation owning such road. Such order shall be in writing, and be served on the collector of tolls at such gate, by the said judge or a commissioner of highways; and after thirty days from the time of such service, it shall not be lawful for the said corporation to receive tolls at such gate until the same shall be removed to such place on said road as shall be approved by the said judge. [1836, ch. 284, as modified 1817, ch. 280, $29.]

11 R. L., 228, § 7. 21 R. L., 233, §7; Laws of 818. p. 52.

ART. 4.

ARTICLE FOURTH.

General Provisions embracing Corporations now existing.

88c. 40. Five inspectors of turnpikes to be appointed for each county.

41. To be appointed by supervisors.

42 Their powers and duties.

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

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

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

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

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

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

49. Contents of notice, and in meantime gate may be ordered to be thrown open.

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

51 & 52 Fees of the inspector, and by whom paid.

53. Penalty for delaying travelers or receiving more than legal tolls.

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

55. Corporation may commute for tolls with certain persons.

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

57. Penalties for injuring mile stones, gates, &c., and passing gate without paying toll. 58. Penalty for turning off from road to evade payment of toll.

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

&C.

$40. [Sec. 39.] In each county of this state, in which there is Inspectors, or shall be any turnpike road, there shall be not less than three, nor more than five inspectors of turnpikes, neither of whom shall be interested in any turnpike within the state. [There shall be appointed in the several counties of this state, in which there is or may be a turnpike road, whose act of incorporation contains no provision for protecting the public against the company taking toll when the road is out of order, not less than three nor more than five inspectors of turnpike roads. 1848, ch. 45, § 1.]

boards of

S41. The said inspectors of turnpikes shall be appointed by By the the boards of supervisors of the several counties, at any meeting supervisors. thereof, and shall hold their offices for two years. [Same ch., § 2.]

powers and

342. The said inspectors of turnpikes, when appointed, shall Their possess the same powers, perform the same duties, receive the same and duties. compensation, and be subject to the same restrictions, penalties and liabilities in all respects as is now provided by title one, article fourth, chapter eighteen, part one of the Revised Statutes. [Same ch., §3.]

[586]

$43. [Sec. 40.] The persons appointed to such office, shall be Powers. 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 inspector 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. complaint $44. [Sec. 41.] It shall be the duty of each inspector to whom out of a complaint in writing shall be made, that a turnpike road, or a 20 Wend., part of such road, in his county is out of repair, without delay to 56 view and examine the road complained of; and if he shall find such 251.

12 R. L., 225, § 1. 2 Id., 561 and 3; Laws of 1819, p. 308, §§ 1 and 3; Act concerning the Revised Statutes, passed December 10, 1828, § 15.

Duty on

that road is

repair.

1 Cowen,

TITLE 1 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.1

Proceedings.

S45. [Sec. 42.] Immediately after the service of such notice, 6 Cowen,166 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.'

When to view road

county.

$46. [Sec. 43.] Whenever any part of a turnpike road shall be out of their out of repair, 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.'

Penalty for not opening gate, &c.

[587]

when to

S 47. [Sec. 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 offense, forfeit the sum of ten dollars to the party aggrieved.1

$48. [Sec. 45.] It shall be the duty of each inspector, who Inspector, upon due examination, shall have discovered a turnpike road give notice. Within his county to be out of repair, or that any gate thereon is placed in a situation 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.

Contents of notice.

Proceed

S49. [Sec. 46.] In such notice he shall require the defective road to be repaired, 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.2

$ 50. [Sec. 47.] If the requisitions of such notice be not obeyed, it shall be the duty of such inspector, to make immediate com11 Wend., plaint to the attorney-general, or the district attorney for the

ings if not complied with.

597.

Compensa

tion of

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.2

S51. [Sec. 48.] To each inspector of turnpikes, who shall view turnpike a turnpike road upon complaint made to him, shall be allowed the inspectors. sum of two dollars for each day spent by him in the performance

1 See note 2 on preceding page. 2 2 R. L., 225, § 3.

of such duty. If he shall adjudge the road viewed to be out of ART. 4. 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.1

$52. [Sec. 49.] Such fees when payable by the company, shall How paid. be paid by 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.'

16 J.

73.

$53. [Sec. 50.] Every toll-gatherer who, at any turnpike gate, Penalty shall unreasonably hinder or delay any traveler or passenger liable gatherer to the payment of toll, or shall demand and receive from any 21. R, 750 person more toll than by law he is authorized to collect, shall 12 Barb.,648, for each offense, forfeit the sum of five dollars to the person aggrieved.?

lected.

$54. [Sec. 51.] Whenever a judgment is obtained against a How coltoll-gatherer for a penalty, or for damages, for acts done or omitted to be done by him in his capacity of toll-gatherer, and goods and chattels of the defendant to satisfy such judgment can not 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.s

tion.

$55. [Sec. 52.] The president and directors of every turnpike [588] corporation created or to be created, may from time to time com Commuta mute with any person whose place of abode shall adjoin or be near to their road, for the toll payable at the nearest gate on each side of such place of abode; but no such commutation shall be for a longer time than one year, and it may be renewed at the end of each period for which it shall be made.1

Sunday.

$56. [Sec. 53.] Whenever the day of election for directors of Election on any such corporation shall happen on a Sunday, such election shall

be held on the day next following 5

$57. [Sec. 54.] Every person who shall,

Penalties.

1. Willfully break, cut down, deface or injure any mile stone or 10 J. R., 389. post, on any turnpike road; or,

2. Willfully break or throw down any gate or turnpike on such

road; or,

3. Dig up or spoil any part of such road, or anything thereunto belonging; or,

4. Forcibly or fraudulently pass any gate thereon, without having 2 Caines, 97. paid the legal toll;

For each offense shall forfeit, to the corporation injured, the sum of twenty-five dollars in addition to the damages resulting from his wrongful act.6

22 Barb.,662. 21 Barb.,212.

18 J. R., 56.

612.

$58. [Sec. 55.] Every person who, to avoid the payment of the Penalties. legal toll, shall with his team, carriage or horse, turn out of a turn- 1 J. C. R., pike road, or pass any gate thereon, on ground adjacent thereto, and again enter on such road, shall for each offense forfeit the sum of five dollars to the corporation injured.

12 R. L., 225, § 3. 21 R. L., 234, § 9. Id., ib.; 2 R. L., 226, § 4. Id., 227, § 5. Id., § 7 1 R. L., 234, § 8.

to be

balanced.

TITLE 1. $59. [Sec. 56.] No hoist-gate shall be erected on any turnpike, Hoist-gates unless it be suspended by a chain and weight equally balanced so equally. as to require manual force to raise and lower such gate; and every Prohibited turnpike company violating this provision, shall forfeit five dollars future, see for every twenty-four hours such gate shall remain erected, to any person who will prosecute for the same, not being a director, stockholder or agent of such company.1

for the

$ 109.]

[ARTICLE FIFTH.2

Of the Incorporation of Companies to construct Plank Roads, and of Companies to construct Turnpike Roads.]

SEO. 60. How corporation may be formed.

61. Articles of association not to be filed until five per cent paid on subscription.

62. Certified copy of the articles to be evidence.

63. Application for authority to construct road, to be made to board of supervisors.

64. Special meetings of the board may be called.

65. Owners of land may be heard before the board.

66. Board may authorize construction of road

67. Board to appoint commissioners to lay out the road; provision if road passes through two counties

68. Commissioners to determine limits of road.

69. Half rates of toll to be taken from certain persons.

70. Lands for roads may be procured by purchase or gift.

71. Survey to be made and recorded before company proceeds to construct the road.

72 & 73. Provision when road is laid on highway.

74. Road not to be laid through orchard or garden without consent, nor across navigable

stream.

75. Roadways of turnpike companies may be purchased; in case of dissolution of plank road company, stockholders to be stockholders of turnpike company.

76. Company must acquire title before entering on lands.

77. Method of commencing proceedings to acquire title if owner will not sell.

78. Judge to appoint time for drawing a jury; notice.

79. In case of a married woman, infants, &c., owning, judge to appoint person to act for them. 80. Drawing of the jury; challenges.

81. Number to be drawn.

82. Jurors how summoned.

83. Penalty for neglect to attend.

84. Witnesses may be subpoenaed.

85. Notice to be given to owners of meeting of jurors, &c.

86. Jurors to be sworn, &c.

87. Judge to attend and advise jury, &c.

88. Jury to award damages, &c.

89. Not to proceed until proof of notice furnished to the judge.

90. Jury to make certificate of their verdict.

91. Supervisor and commissioner of highways may agree with company upon compensation for use of highway.

92. But consent of two-thirds of the owners of land along it must be obtained.

93. Party dissatisfied may apply to supreme court for a new trial.

94. Appraised damages to be paid in forty days, unless, &c.

95. In case of non-resident owner entitled to damages, they may be paid to the county trea

surer.

96. Amount of appraisal may be deposited while proceedings are pending for a new trial, and company enter on the lands.

97. Plank roads to be four rods wide; how made.

98. Turnpike roads to be four rods wide; how made.

99. Inspectors of plank roads.

100. To determine width of roads, if not already determined.

101. To inspect the road when five miles completed; their fees.

102. Tolls which may be charged.

103. Sections 12 and 13, title 4, chapter 13, part 1st of Revised Statutes, to apply to plank road companies.

104. Last section not to apply in Sullivan county.

105. Rates of toll in Sullivan fixed by board of supervisors.

106. When fixed shall remain unchanged five years.

107. Toll gates may be erected when three miles is completed.

108. Rates of toll on turnpike roads.

109. No hoist-gates to be erected.

110. Persons exempt from paying tolls.

111. Gates not to be erected within ten rods of a dwelling-house or barn, without written

consent.

112. Repeal of certain provisions.

113. Toll gates in the county of Kings, how located.

114. Penalty for fraudulently claiming exemption.

115. Manner of obtaining change of location of gates.

116. On appeals from decisions of county court, referees appointed.

1 Laws of 1819, p. 308, § 4; act concerning the Revised Statutes, passed December 10, 1828, § 15. 2 This article contains chapter 210, of the Laws of 1847, entitled "An act to provide for the incorpo ration of companies to construct plank roads, and of companies to construct turnpike roads," passed May 7, 1847; together with the various subsequent acts, amending its provisions. The original numbers of the sections are given within the brackets preceding the sections.