And to remove them;

such Collector or Collectors of the Tolls arising on such Roads, and a Clerk or Clerks, and such other officers as the said Commissioners shall think necessary; and such Engineer or Surveyor, Clerks, Collectors, and other officers, or any of them, from time to time to remove, or on removal, death or resignation of any such Engineer, Clerks, Collectors and other And appoint others; officers, to appoint others in their stead; and may and are hereby autho- And to fix and pay their rised out of any moneys arising on such Turnpike Roads, to allow and salaries; pay to such Engineer, Collectors, Clerks and other officers, and to such other persons as shall be assisting them, or any of them, in or about the execution of this Act, in making and repairing such Roads, such salaries, rewards and allowances for their attendance, care, labour and services, as such Commissioners shall deem reasonable: Provided always, that it shall not be lawful for the Commissioners to appoint, or continue the The same person not to person who may be appointed to act as their Clerk in the execution of Engineer or Surveyor; this Act, or the partner of any such Clerk, to be or to hold the offices of Clerk and Engineer or Surveyor, for the purposes of this Act, or to appoint or continue the person who may be appointed Engineer or Surveyor, or the partner of such Engineer or Surveyor, to be Clerk and Engineer or Surveyor, for the purposes of this Act; and if any person Penalty for breach of shall act in both capacities of Clerk and Engineer or Surveyor, or if any person being the partner of such Clerk, shall act as Engineer or Surveyor, or being the partner of such Engineer or Surveyor, shall act as Clerk in the execution of this Act, every person shall for every such offence forfeit and pay the sum of Fifty Pounds, to be recovered in the manner hereinafter provided.

act as Clerk and as

this enactment.

security from Engineer

VIII. Provided always, and be it further enacted by the authority aforesaid, That the Commissioners shall and they are hereby required to take Commissioners to take sufficient security from the Engineer or Surveyor, Clerks and Collectors Clerks, and Collector of Tolls; and if they shall so think proper, shall and may also take such And from any other security from any other officer to be appointed under and by virtue of Officer they may think it.

this Act.

Clerk or Officer, being

concerned in any

contract, &c.

IX. And be it further enacted by the authority aforesaid, That if the Penalty on Engineer, Engineer or Surveyor, or Clerk, or other officer to be appointed by the Commissioners under and by virtue of this Act, shall have any part, share or interest in any contract or bargain for work, materials or tools to be done or provided, upon, for or on account of the Turnpike Roads, or any part thereof under his or their care and management, or shall upon his or their own accounts, directly or indirectly, let to hire any team, or sell and dispose of any timber, stone or other materials to be used or employed

Power of Engineer, &c. to search for, dig and take materials, in private grounds;

&c.

Making and tendering satisfaction;

As Commissioner may approve;

in making or repairing such Roads, he or they shall forfeit, for every such offence, the sum of Fifty Pounds.

X. And be it further enacted by the authority aforesaid, That it shall be lawful for the Engineers or Surveyors to the Commissioners under this Act, and for all such persons as he or they shall appoint, to search for, dig, gather, take, and carry away any materials for making or repairing the Turnpike Roads, in or out of the lands of any person or persons where the same may be had or found, in any Township or place in which any of such Roads shall lie or be situate, or in any adjoining Township or Not being an Orchard, place, not being an orchard, garden, planted walk or avenue to any house, or any enclosed ground planted as an ornament or shelter to an house, or set apart as a nursery for trees, making and tendering such satisfaction for such materials, and for the damage done to the owners or occupiers of the land where or from whence the same shall be dug, gathered and carried away, or over which the same shall be carried, as the said Commissioners shall judge reasonable; and also to carry through and over any enclosed lands or ground, not being an orchard, garden, planted walk or avenue to any house, or any enclosed ground planted as an ornament or shelter to a house, or set apart as a nursery for trees, paying or tendering for the damage done in going through or over any enclosed lands or grounds for or with such materials, such sum or sums of money as the said Commissioners shall deem reasonable; and in case of any difference between such Commissioners, Engineers or other persons appointed or employed as aforesaid, and the owners and occupiers of such lands, or any of them, concerning such payments and damages as aforesaid, any two or more Justices of the Peace for the District, on ten days notice thereof being given in writing by either party to the other, shall hear, settle and determine the matter of such payment and damages, and the costs attending the hearing and determining the same.

In case of difference;

To be settled by two
Justices.

No materials to be taken without notice to the owner of the premises, to appear before two Justices to oppose it:

XI. Provided always, and be it further enacted by the authority aforesaid, That it shall not be lawful for any Engineer, or any other person or persons acting under the authority of this Act, to dig, gather, get, take or carry away any materials for making and repairing the Turnpike Roads from any enclosed land or ground, until notice in writing, signed by the Engineer, shall have been given to the owner or owners of the premises from which such materials are intended to be taken, or his or their known Agent, or to the occupiers of the premises from which such materials are intended to be taken, or left at the house or last or usual place of abode of such owner or occupier, to appear before any two or more Justices of the Peace acting in and for the District, to shew cause why such materials

shall not be had therefrom; and in case such owner, agent or occupier, If owner appear, Justices shall attend pursuant to such notice, but shall not shew sufficient cause may decide to the contrary, such Justices shall, if they think proper, authorise such Engineer or other person to dig, get, gather, take and carry away such materials, at such time or times, as to such Justices shall seem proper; and

Justices may

Commissioners may be

if such owner, agent or occupier, shall neglect or refuse to appear, the If owner neglect to said Justices shall and may, upon proof on oath of the service of such decide, on proof of notice, which oath they are hereby empowered to administer, make such service of notice; order therein as they shall think fit, as fully and effectually to all intents and purposes as if such owner or occupier had attended: Provided always, that the Commissioners shall not be required to pay any larger sum, as Proviso as to sum which a satisfaction for any materials raised, taken or carried away from any called on to pay. lands or grounds for making or repairing the Turnpike Roads, than such sum of money as shall appear to the two or more Justices settling and determining such satisfaction that such materials might or could have been actually sold for, in case the same had not been raised, taken or carried away by such Commissioners; and in case the said Justices shall be of opinion that the said materials, before they had been so raised, taken or carried away, could not have been sold or disposed of, then the said Justices shall only assess the damage done to lands or grounds of the owners or occupiers thereof, by the raising, gathering and carrying away

the same.

Proviso in case pit or holes are dug for materials;

To fence same round;

to fill up pit;

XII. And be it further enacted by the authority aforesaid, That if the Engineer or Surveyor, or any other person employed by him, shall by reason of the searching for, digging or getting any gravel, sand, stone or other materials for repairing the Turnpike Roads, make or cause to be made any pit or hole in any lands or grounds as aforesaid, wherein such materials shall be found, the said Engineer or Surveyor shall forthwith cause the same to be sufficiently fenced off, and such fence supported and repaired, during such time as the said pit or hole shall continue open, and shall within three days after such pit or hole shall be opened or made, If no materials found where no gravel, stones or materials shall be found, cause the same forthwith to be filled up, levelled and covered with the turf or clod which was dug out of the same, and where any such materials shall be found, within fourteen days after having dug up sufficient materials in such pit or hole, if the same is not likely to be further useful, cause the same to be filled up, sloped down or fenced off, and so continued, and if the same is likely to be further useful, the said Engineer shall secure the same by posts and rails, or other fences, to prevent accidents to persons or cattle; and in case such Engineer or Surveyor shall neglect to fill up, slope down, or Penalty for negligence.

Q

fence off such pit or hole, in manner and within the time aforesaid, he shall forfeit the sum of twenty shillings for every such default.

XIII. And be it further enacted by the authority aforesaid, That it shall drains and water-courses be lawful for the Engineer or Surveyor, and such other person and persons

Engineers, &c. may cut

through contiguous

lands;

May make ditches, fences and barriers;

as shall be appointed by the Commissioners under this Act, from time to time, to cut, make and maintain drains or watercourses, upon and through any lands lying contiguous to any of the Turnpike Roads; and also to make ditches in such places and in such manner, as such Engineer by order of such Commissioners, shall judge necessary; and make sufficient fences and barriers, and other erections, on any part or parts of the said Roads, in order to prevent any rivulet or current of water from flooding the same, as such Engineer shall judge necessary, making such satisfaction to the owner or occupier of such lands so to be used, cut through or built upon, for the damages which they or any of them may sustain thereby, as such Commissioners shall judge reasonable; and in case of any difference be settled by two Justices. between such owner or occupier and such Commissioners, touching such damages, the same shall be finally settled by any two or more Justices of the District.

Making satisfaction to the owner of lands injured;

Disputes as to value to

Meetings of Commissioners regulated;

No orders to be made unless a majority of

Commissioners present

concur;

XIV. And be it further enacted by the authority aforesaid, That the Commissioners appointed under and by virtue of this Act, shall and may from time to time, meet at such time and place on or near the Turnpike Roads, as to them shall seem convenient, and may adjourn themselves to meet at any place and time as the major part of them present at any meeting shall appoint, and all orders and determinations of the Commis sioners in the execution of this Act, shall be made at meetings to be held in pursuance thereof, and not otherwise; and that no order or determination shall be made, unless the major part of the Commissioners present shall concur therein, and that all acts, orders and proceedings relating to this Act, which are directed to be had, made, done, or exercised by or before the said Commissioners, and all the powers and authorities vested in them generally, shall and may be had, made, done and exercised by the major part of the Commissioners, who shall be present at the respective meetings to be held by virtue of this Act, the whole number present not being less than five, and that all acts, orders or proceedings, had, made or done by or before such five Commissioners, shall have the same force and effect as if the same were had, made or done by or before all the said Commissioners; and that a Chairman shall and may, in the first place, be appointed at any meeting to be held by virtue and for the purposes of To have a casting vote; this Act, who shall have the casting or decisive vote, in case of an equal number of votes, (including the Chairman's vote); and that no order or

All the powers of Com

missioners may be executed by the major part of them;

Number present not being less than five ;

Chairman to be appointed;

intention to revoke be

gates;

determination at any meeting of the said Commissioners, once made, No order once made to be agreed upon or entered into, shall be revoked or altered at any subsequent given; meeting, unless notice of the intention to make such revocation or alteration shall have been given by three or more Commissioners, by writing under their hands, to the Clerk to the said Commissioners, at a previous meeting, and entered in the book of proceedings of such meeting; and unless notice, signed by any two or more Commissioners, shall have been affixed and affixed on turnpike on all the Turnpike Gates then erected on such Roads, twenty-one days at least before such meeting, nor unless such revocation or alteration shall And unless revocation be be agreed to be made by a greater number of Commissioners than con- made by a greater num curred in the making of any such order or determination; and at their ber than made the order; several meetings the Commissioners shall pay and defray their own no expenses except for expenses, except any sum not exceeding ten shillings per diem, for the meet. use of the room wherein they shall meet.

Commissioners allowed

the room in which they

Orders and proceedings.

entered in a book;

man;

XV. And be it further enacted by the authority aforesaid, That all orders and proceedings of the Commissioners appointed under and by virtue of of Commissioners to be this Act, together with the names of the Commissioners present at every meeting, shall be entered in a book or books, to be kept by the Clerk to the said Commissioners for that purpose, and be signed by the Chairman To be signed by Chairof the meeting or meetings at which such orders or proceedings shall be from time to time made or had; and that such book or books shall be Books open for inspection; open at all seasonable times to the inspection of any of the Commissioners, without fee or reward, and such orders and proceedings so entered and signed by the Chairman of such meeting or meetings as aforesaid, shall be deemed and taken to be original orders and proceedings, and which said book or books, as well as the book or books in which the oath directed evidence in Courts. to be taken by the said Commissioners shall be entered, shall and may be read in evidence in all Courts whatsoever, in all cases of appeal, and in all prosecutions, suits and actions whatsoever.

Books may be read in

XVI. And be it further enacted by the authority aforesaid, That the Books of account to be Commissioners under this Act, shall and they are hereby required from kept; time to time, and at all times, to order and direct a book or books to be provided and kept by their Clerk for the time being, in which book or books the Clerk shall enter, or cause to be entered, true and regular accounts of all sums of money received, paid, laid out and expended for or on account of each road respectively, and of the several articles or things for which such sums of money shall have been disbursed, laid out and paid; and all books containing the accounts and proceedings of the Commissioners in the execution of this Act, shall be admitted in evidence To be admitted in eviin all Courts, and by all Judges, Justices, and others, without proving the

dence in all Courts;