Preamble. 15, 3d Wm. IV. ch. 33; CHAP. LIII. AN ACT to repeal, alter and amend, the Laws now in force for the regulation of the several Macadamized Roads within this Province. [Passed 10th February, 1840.] 6 WHEREAS the Laws now in force for the regulation of the Macadamized Roads within this Province require amendment, and it is of great importance that one uniform systein should be adhered to for regulating the construction, management, and maintenance of the same: Be it therefore enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Legislative Council and Assembly of the Province of Upper Canada, constituted and assembled by virtue of and under the authority of an Act passed in the Parliament of Great Britain, entitled, "An Act to repeal certain parts of an Act passed in the fourteenth year of His Majesty's reign, entitled, An Act for making more effectual provision for the Government of the Province of Quebec, in North America, and to make further provision for the Government of the said Province," and by the authority of the same, That from and after 6, 17, 18 and 19, the passing of this Act, the eighth, ninth, tenth, eleventh, twelfth, fifteenth, sixteenth, seventeenth, eighteenth and Lineteenth, clauses of an Act passed in the third year of the reign of His late Majesty King William the Fourth, entitled, "An Act to raise a sum of money for the improvement of the roads in the vicinity of the Town of York, and for other purposes therein mentioned"; and also the eighth, ninth, tenth, eleventh, twelfth, thirteenth, fourteenth, fifteenth, sixteenth, seventeenth, twentieth, twenty-first, twentysecond, twenty-third, twenty-seventh, thirtieth, thirty-first, thirty-fifth, thirty-sixth, thirty-seventh, thirty-eighth and thirty-ninth, clauses, and so much of the third clause of an Act passed in the sixth year of the reign of His said late Majesty, entitled, " An Act to continue the improvement of certain roads in the Home Dirtrict," as relates to the power of Trustees; and also the third, sixth, seventh, eighth and ninth, clauses of an Act passed in the seventh year of His said late Majesty, entitled, "An Act for granting a further sum for completing the Macadamization of YongeStreet, and other roads in the Home District"; and also the third clause of an Act passed in the first year of the reign of Her present Majesty Queen Victoria, entitled, "An Act for continuing the improvement of the Lake Road, West of the City of Toronto"; and also so much of an Act Also the 8th, 9th, 10th, 11th, 12th, 13th, 14th, 15th, 16th, 17th, 20th, 21st, 22nd, 3rd, 27th, 30th, 31st, 35th, 36th, 37th, 38th and 39th, sections, and part of the 3rd sec. 6th Wm. IV. ch. 30; Also sections 3, 6, 7, 8 and 9, of 7th Wm. IV. ch. 76; Also sec. 3, 1st Victoria, ch. 34; ch. 78; passed in the seventh year of His late Majesty's reign, entitled, "An Act Also part of 7th Wm. IV. to raise a sum of money to Macadamize the main road leading from Hamilton to Brantford, in the District of Gore, and for other purposes therein-mentioned"; also of an Act passed in the same year, entitled, "An Act to authorise the construction of a Macadamized Road from Dundas Also part of 7th Wm IV. to Waterloo, in the Gore District"; also of an Act passed in the same year, entitled, "An Act to raise a sum of money to Macadamize the Roads Also part of 7th Wm. IV. leading from Brockville to Saint Francis, Charleston, Lyndhurst, Beverley and Portland, in the District of Johnstown, and to authorise the erection ch. 79; ch. ch. 81; ch. 82; of Toll Gates on the said Roads"; also of an Act passed in the same year, Also part of 7th Wm. IV. entitled, “An Act to raise a sum of money to Macadamize the Road between the Town of Kingston and the Village of Napanee, in the Midland District, and for other purposes therein-mentioned"; and also of an Act Also part of 7th Wm. IV. passed in the same year, entitled, "An Act to raise a sum of money to Macadamize the main road from Queenston to the West boundary line of Grimsby, in the Niagara District, and for other purposes therein-mentioned"; and of any other Act passed by the Legislature of this Province other Statutes as are as may be contrary to or inconsistent with the provisions of this Act, shall of this Act, repealed. and the same are hereby declared to cease and stand repealed. Also such parts of any District to form a Board II. And be it further enacted by the authority aforesaid, That it shall and Trustees of the several may be lawful for the present Trustees of the several Turnpike Trusts turnpike trusts in each in this Province, to form a Board within their respective Districts, to be in their Districts; known by the style and title of the Commissioners of the District Turnpike Trust; and the said Commissioners, for the time being, shall have power and authority over the several Macadamized Roads within the limits of their Districts respectively, so far as the improvement of the same has been authorised by any Act of the Legislature of this Province. Powers of such Boards. cach Commissioner. III. And be it further enacted by the authority aforesaid, That no person Oath to be taken by who shall be appointed a Commissioner by virtue of this Act, shall act as such Commissioner, unless he shall, before he shall act as such, take and subscribe before any Justice of the Peace for the District, (who is hereby authorised to administer the same,) the oath following, that is to say: "I, A. B., do swear that I will truly and impartially, according to the best of my judgment, execute and perform the several powers, authorities and trusts reposed in me as a Commissioner, by virtue of an Act passed in the third year of the reign of Her Majesty Queen Victoria, entitled, 'An Act to repeal, alter and amend the laws now in force for the regulation of the several Macadamized Roads within this Province." Powers of Commissioners' as to course of roads, over private lands, teudering satisfaction; Width of road; Powers to enter upon Penalty for removing stakes. &c. IV. And be it further enacted by the authority aforesaid, That it shall be lawful for the said Commissioners, and they are hereby authorised and empowered to make, divert, shorten, vary, alter, and improve the course of any part of the above-mentioned Roads within their own trusts, upon, through, in and over any private lands or grounds, making or tendering satisfaction to the owners thereof, or persons interested therein for the same, and for any damages they may sustain thereby, in such manner as they shall think proper, so that any such Road shall not exceed one chain in width, together with such footpaths, causeways, bridges, arches, banks, culverts, ditches, drains, and fences on the line of such Road, as they shall think necessary and expedient; and it shall also be lawful for such Commissioners, and their Engineer or Surveyor, and workmen, with or without carts or carriages, from time to time, to enter upon the lands and grounds through which or whereupon such roads, footpaths, causeways, bridges, arches, banks, culverts, ditches, drains and fences is or are intended to be made or pass, and also upon any adjoining lands or grounds, to stake out the same in such manner as the said Trustees shall think necessary and expedient, without being deemed a trespasser or trespassers, and without being subject or liable to any fine, penalty or punishment for entering or continuing upon such lands or premises respectively, for any of the purposes of this Act; and if any person shall pull up, remove or destroy any stakes or other marks used for the purposes aforesaid, every person so offending shall forfeit and pay for every such offence, a sum not exceeding Twenty Shillings: Provided always, that it shall not be lawful for the Commissioners appointed under and by virtue of this Act, in altering or diverting the course of any part of the Turnpike Roads under their care and management, to take or pull down any dwelling house, or to take or make use of any orchard, garden, planted walk, or avenue to a house, or any enclosed ground planted as an ornament or shelter to a house, or set apart as a nursery for trees, or any part thereof respectively, without the consent of the owner or proprietor thereof in writing first had and obtained: Provided always, that if the owners or occupiers of any lands or grounds taken by the Commissioners for the purposes of this Act, shall not be satisfied with the allowance offered, the same shall be decided by a Jury of the District in which such Road shall be situated, at the Court of Quarter Sessions, to be empannelled and sworn for that purpose, at the request of the party aggrieved, and if such verdict shall not exceed Costs, by whom payable. the amount offered, the owner of the said land shall pay the costs of the Court on the assessment of such damages, and in case the verdict of the said Jury shall exceed the offer made by the said Commissioners, then the costs of such trial and assessment shall be paid by the said Commissioners out of any moneys in their hands for the purposes of the said Act. Commissioners not to pull down a dwelling house, or make use of aa orchard, &c. without consent of owner; If owner of lands dissatisfied with tender, to be decided by a jury; treat for the purchase V. And be it further enacted by the authority aforesaid, That it shall be commissioners may lawful for the Commissioners under this Act, to treat, contract and agree of lads with the owners; with the owners of and persons interested in any lands, tenements, hereditaments and premises, with their appurtenances, which they shall deem necessary to purchase for the purpose of widening, diverting, altering and For altering the road; improving any of the Turnpike Roads, for the purchase thereof, and for And may afterwards them; owner: may be stopped up, the loss or damage such owners or persons may otherwise sustain; and Or for obtaining matealso to contract and agree with any person or persons whomsoever, for rials; the purchase or demise from him, her or them, of and to hold any land or ground, for the purpose of digging stones, gravel and materials therefrom for the repair or use of the said Roads; and at any time after to sell sell land purchased by the ground so purchased by Public Auction or tender: Provided always, that the entering into any such agreement or contract shall not be com- Not compulsory on any pulsory against any person or persons unwilling to enter into the same; and after any new Road shall be completed, the lands or grounds consti- Old roads not required tuting any former road or roads, or so much and such part thereof as in and the land sold: the judgment of the Commissioners may thereby become useless or unnecessary, or shall and may be stopped up as public highways, shall be vested in and shall and may be sold and conveyed by the said Commissioners, in the manner before-mentioned, and the money arising from such sale, shall be applied for the purposes of this Act, for repairing and maintaining the Turnpike Roads; or it shall be lawful for the said Commissioners, instead of making such sale as aforesaid, to give up to owners for lands taken the owners of any adjoining lands, whose building, land or ground, shall be taken for the purposes of this Act, any part or parts of the present or old roads, in lieu of and in exchange for the same, in such way and manner as such Commissioners and owners or proprietors, shall agree upon and think fit. Or exchanged with from them. Commissioners to hold have any interest in any ' relating to the roads; VI. And be it further enacted by the authority aforesaid, That no Commissioner shall, from and after this Act shall be in force, enjoy any office no office of profit, nor or place of profit, or have any share or interest, or be in any manner, contract in any way directly or indirectly, concerned in any contract or bargain for making or repairing, or in any way relating to the roads for which he shall act, or for building or repairing any Toll House, Toll Gate or Weighing Engine thereon, or for supplying any materials for the use thereof, nor shall any such Commissioner let out for hire any waggon, cart or other carriage, or any horse, cattle or team, for the use of the Turnpike Roads for which he shall act as Commissioner; nor by himself or by any other Nor person for or on his account, directly or indirectly, receive any sum or sums of money to his use or benefit, out of the sums appropriated by any Act of the Legislature for making said Roads, or out of the Tolls collected in any way receive printed to making the any of the moneys appro roads ; Penalty for breach of these regulations; out of the said Roads; and if any person after having been appointed a Commissioner of said Roads, shall, without having first duly resigned such office at some meeting of the Commissioners of the said Roads, hold any such office or place, or be concerned in any such contract or bargain, or shall sell any such tools or implements, or let out for hire any waggon, cart, carriage, horse, cattle or team, or receive any money out of the appropriations aforesaid, or out of the Tolls collected on said Roads, every Commissioner so offending shall for every such offence, forfeit and pay the sum of One Hundred Pounds, to be recovered in the manner hereinafter provided; and from and after the conviction of any such offence, be incapable of acting as a Commissioner of said Roads; and all acts, orders, matters and things made or done as a Commissioner, by the party so convicted, shall from thenceforward be null and void to all intents and purposes, and all and every such contract or bargain, shall be and is hereby declared to be void, and shall not be enforced or carried into effect by the other Commissioners entering into the same: Provided always, that before conviction valid; all acts, orders, matters and things made or done by such Commissioner, previous to his being convicted of any such offence, shall be good, valid and effectual: And further provided, that nothing in this enactment conNot to extend to moneys tained, shall extend or be deemed or construed to extend, to any Commis After conviction Commissioner incapable of serving; And all his acts as Commissioner, declared void thenceforward; Acts as Commissioner paid for sale of or damages to lands; Or for materials taken; sioner who shall receive any sum or sums of money paid out of the appropriation aforesaid, or out of the Tolls collected on said Roads by way of purchase money, damages, rent, recompense or satisfaction, agreed upon or awarded to such Commissioner for any lands, grounds or tenements purchased or taken for the purpose of diverting or altering, or for the use of said Roads, or for a repository for materials to be used thereon; or for damage done to any enclosed or private grounds of such Commissioner in taking materials therefrom, or in carrying and conveying them over Or to prevent his selling the same; or to prevent any such Commissioner from selling or disposing of, for the use of the Turnpike Roads, any materials or any timber grown or growing on the grounds of such Commissioner. for the use the road any materials or timber. an Engineer or Surveyor, His duty; VII. And be it further enacted by the authority aforesaid, That it shall Commissioners to appoint and may be lawful for the Commissioners acting under the authority of this Act, and they are hereby empowered and required by writing under their hands, to appoint a competent Engineer or Surveyor, whose duty it shall be to superintend the construction and repairing of the Turnpike Roads under their care or management, to inspect and measure materials, make surveys, and report upon all proposed alterations, and generally to assist under the directions of the Commissioners in or about the execution of this Act, for making and maintaining such Roads; and the said Commissioners are hereby empowered by writing under their hands, to appoint Commissioners to appoint |