Books open to inspection;

Penalty on Clerk refusing to produce books.

Commissioners may suc and be sued in the name

of their Clerk;

Actions not to abate by death of any Commissioner;

Or without consent of
Commissioners:

facts therein-contained, unless such facts or any of them shall be first controverted, and all such books shall be preserved and kept by the Clerk for the time being of such Trustees, and shall at all seasonable times be open to the inspection of the said Commissioners, 'without fee or reward, and the said Commissioners may take copies or extracts from the said book or books, without paying any thing for the same; and in case the said Clerk shall refuse to permit the Commissioners to inspect the said book or books, or to take such copies or extracts as aforesaid, such Clerk shall forfeit and pay any sum of money not exceeding Five Pounds for every such offence.

XVII. And be it further enacted by the authority aforesaid, That the Commissioners appointed under and by virtue of this Act, may sue and be sued in the name of their Clerk for the time being; and that no action or suit to be brought or commenced by or against the Commissioners, in the name of such Clerk, shall abate or be discontinued by the death or removal of any Commissioners or Clerk, or any of them, or by the act of any Commissioner or Clerk without the consent of the said Commissioners, but that the Clerk for the time being to the said Commissioners, shall always be deemed to be the plaintiff or defendant (as the case may be) in every such action or suit: Provided always, that such Clerk shall be reimbursed out of the moneys belonging to the Turnpike Road Trust, all such costs, charges and expenses, as he shall be put to or become as plaintiff or defendant. char eable with, or liable to, by reason of his so being made plaintiff or defendant.

Clerk to be reimbursed all sums which be has

become chargeable with

Commissioner ordering

the expenditure of money made personally liable;

XVIII. And be it further enacted by the authority aforesaid, That every Commissioner who shall order or direct the expenditure of any money, not authorised by this Act for or towards the making or repairing or altering any road not comprehended in this Act, or for or towards the performance of any act, matter or thing not authorised by this Act, such Commissioner shall be personally liable to the Trust for the re-payment of the money so expended at the suit of any person, or of any Commissioner, or of the Clerk to the said Commissioners on behalf of the Trust: Provided always, that no Commissioner shall be personally subject or liable (except as next hereinbefore mentioned) to the payment of any sum or sums of money laid out or expended in or towards the making, repairing or altering the Turnpike Roads authorised by this Act, nor shall execution issue against the goods and chattels of any Commissioner by reason of his having acted as such Commissioner, or having signed or authorised or directed any contract or security to be entered into relating to any such Road, unless in such con

Exception

tract or security such Commissioner shall have in express words rendered himself so personally liable.

General meeting of

What to be done there;

XIX. And be it further enacted by the authority aforesaid, That it shall and may be the duty of the Commissioners, and they are hereby required Commissioners; to hold a general meeting on the first Monday in November in each year, when; when they shall examine into the revenues and debts of the Trust, and the Clerk to the Commissioners shall forthwith make out a statement of the debts, revenues and expenditure received and incurred on account of the Trust, in the form contained in the Schedule to this Act annexed, which said statement shall be submitted to the Commissioners assembled at such meeting, and when approved by the majority of them, shall be signed by the Chairman of said meeting; and the said statement being so Statement there adopted approved and signed by the said Clerk shall within ten days thereafter Governor within 10 days; transmit the same to the Lieutenant Governor of the Province, for the information of the Legislature; and if such Clerk shall refuse or neglect to make out such statement as aforesaid, or to transmit the same within neglecting. the time hereinbefore-mentioned, the Clerk so offending shall forfeit and pay the sum of Fifty Pounds, to be recovered as hereinafter directed.

to be sent to Lieutenant

Penalty on Clerk for

quired by Commissioners

all moneys,

XX. And be it further enacted by the authority aforesaid, That all such officers whenever reofficers as shall be appointed by the Commissioners under this Act, shall to render accounts of from time to time, when thereunto required by the said Commissioners, deliver to them, or to such person or persons as they shall for that purpose appoint, true, exact, and perfect accounts in writing, under their respective hands, of all moneys which they and every of them respectively shall have received to that time by virtue of any Act, and how much thereof has been paid and disbursed, and for what purpose, together with with proper vouchers; the proper vouchers for such payments, and shall pay all such moneys as shall remain in their or any of their hands, to the said Commissioners, or to such person or persons as they shall appoint to receive the same, and not otherwise, within such time as the said Commissioners shall limit and appoint; and if any such officer shall refuse or neglect to produce or deliver up such accounts, and the vouchers relating to the same, or shall refuse to comply in any refuse or neglect to pay the money due on such account within the time, or in manner aforesaid, or if any such officer or person shall refuse or neglect to deliver up to the Commissioners, or to such person or persons as they shall appoint, within ten days after being thereunto required by the said Commissioners, all the books, papers, writings, tools and implements in his custody or power, relating to the execution of this Act, then Two Justices on comany and every of the said cases, it shall be lawful for any two or more plaint may summon such Justices of the Peace for the District, upon complaint made to them by

in

If Officer neglect or

respect;

Officer;

If moneys are in hands of such Officer;

Justices may cause the same to be levied by distress;

If no goods,

Or if Officer do not appear,

or on behalf of the said Commissioners, and such Justices are hereby required, by warrants under their hands and seals, to summon such officer or officers, person or persons, to appear before them; and upon his or their appearing, or not being to be found, to hear and determine the And determine the matter, matter of such complaint in a summary way, and to settle the said account or accounts, if produced; and if upon confession of the officer or officers, person or persons against whom any such complaint shall be made, or by the oath or oaths of any witness or witnesses, (which oath such Justice is hereby empowered and required to administer,) or upon inspection of the said accounts, if produced, it shall appear to such Justices that any of the money which shall have been collected or received, shall be in the hands of such officer or officers, person or persons, such Justices may and are hereby authorised and required, on non-payment thereof, by warrant under their hands and seals, to cause such money to be levied by distress and sale of the goods and chattels of such officer or person respectively; and if no goods and chattels can be found sufficient to answer and satisfy the said money, and the charges of distraining and selling the same, or if such officer or other person shall not appear before the said Justices at the time and place appointed by them for that purpose, unless for some sufficient reason, or if appearing shall refuse or neglect to give and deliver up to the said Justices an account of all the receipts and payments as aforesaid, or to produce and deliver up to the said Justices the several vouchers and receipts relating to such accounts respectively, or the books, vouchers, or books, &c. accounts, papers, writings, tools and implements, in his custody or power relating to the execution of this Act, then and in either of the cases aforesaid, such Justices may and they are hereby authorised and required, by warrant under their hands and seals, to commit such officer or person to the common Gaol of the District, there to remain without bail or mainprize, in case he shall be committed for non-payment of any money received by him, or in his hands, until he shall have accounted for and paid the full amount thereof, or compounded with the Commissioners, and paid such composition in such manner as the said Commissioners may appoint, (which composition the said Commissioners are hereby empowered to make,) or in case he shall be committed for not delivering No person committed for up any account, books, papers, writings, tools or implements as aforesaid, or make satisfaction in respect thereof to the said Commissioners: Provided that no person who shall be committed for want of sufficient distress, shall be detained in prison, by virtue of this Act, for a longer period of time than six calendar months.

Or neglect or refuse to deliver accounts and

Justices may commit such Officer to gaol;

want of sufficient distress

to be detained longer than six months.

Commissioners to con

tinue present toll gates;

XXI. And be it further enacted by the authority aforesaid, That it shall be lawful for the Commissioners under this Act, and they are hereby

And after public notice,

and additional toll gates ;

authorised and empowered to continue all and every or any of the Toll Gates or Toll Houses now standing, or being in, upon or across any of the Turnpike Roads, or on the sides thereof, and from time to time, at any special meeting to be holden for that purpose, of which meeting public notice, specifying the time and place and the purpose thereof, shall have been given in some Newspaper published and circulated in the District, and also by affixing a copy of such notice on all the Turnpikes, Toll Gates or Side Bars, (if any,) which shall be standing on such Road fourteen days previously to such meeting, to order and direct, by some to direct erection of new order in writing, that there be erected and built in, upon or across any of the Turnpike Roads, or any part thereof, or upon the sides thereof, or any part thereof, when and where they shall judge necessary, such and so many Turnpikes, Toll Gates, Side Bars and Chains, with Toll-houses, out-houses and other conveniences thereto; and also to take in and enclose And to enclose land on on the sides of such Roads, or any part thereof, suitable garden spots for to toll-houses each of such Toll-houses, not exceeding one-eighth of a statute acre to each Toll-house, as the said Commissioners shall direct or appoint; and also shall and may, from time to time, at any such meeting, or at any And may discontinue other meeting to be called as aforesaid, and by such order as aforesaid, any toll-gate, from time to time, order and direct any of such Toll Gates, Turnpikes, Side Bars and Chains, to be taken down or discontinued, or to be removed or change their site. and placed elsewhere, upon, across or on the sides of such Roads, in such situations as to them the said Commissioners may appear fit or eligible.

road side for gardens

Commissioners may order

toll-houses;

XXII. And be it further enacted by the authority aforesaid, That it shall be lawful for the Commissioners to order and direct one or more lamp lamps to be erected at or lamps, to be erected and placed on or against, or in front of each and every of the Toll-houses on the Roads, and also to order and direct at what times of the year, and during what hours such lamp or lamps, or any of them, shall be kept lighted; and all and every the Collector and Collectors of Tolls on such Roads, who shall neglect or omit to observe neglecting liable to a and fulfil the orders of the said Commissioners, in respect to the keeping penalty; or lighting such lamp or lamps, shall forfeit and pay any sum not exceeding twenty shillings for every such neglect or omission; and in case any person

Collectors refusing or

shall wilfully damage or injure any lamp so set up as aforesaid, or extin- Penalty for wilful guish the light therein, such person shall forfeit and pay any sum not damage to such lamps. exceeding forty shillings for every such offence.

order the erection of

XXIII. And be it further enacted by the authority aforesaid, That it shall be lawful for the said Commissioners, at any of their respective meetings, commissioners may if they think proper, to order or cause to be built and erected, at any weighing machines; of the Turnpikes or Toll Gates, on the Roads under their care and

management, one or more Crane or Cranes, Machines or Engines, proper for the weighing of waggons or carriages conveying any goods or merchandize whatsoever; and by notice on a board for that purpose, to be And may direct waggons put up at or near to every such Weighing Machine, to order and direct all and every such waggons or carriages as shall come within one hundred yards of any such Crane, Machine or Engine, on such Turnpike Roads, to be weighed, together with the lading thereof.

&c. to be weighed.

Keeper of toll-gate,

when weighing machine erected, to weigh waggons, &c.

XXIV. And be it further enacted by the authori'y aforesaid, That the Keeper of every Toll Gate or Bar, where any Weighing Eng ne shall be erected, or any other person who shall be appointed by the Commissioners to the care of such Weighing Engines, shall and he is hereby required to weigh all such waggons, carts and other carriages liable to be weighed, as shall pass laden through such Gates or Bars respectively, and which he shall believe to carry greater weights than are allowed to pass without paying additional Toll; and if any Collector or person so appointed shall permit any such waggon, cart or carriage, to pass by or through any Toll Gate, of which he is in charge, with a greater weight than that allowed, without weighing the same, and receiving the additional Toll, he shall for offence forfeit the sum of Five Pounds; and if the owner or Penalty on owner refusing driver of any waggon, cart or other carriage, shall refuse to allow the same to be weighed, or shall resist any Gate Keeper or other person appointed in weighing the same, the owner or driver so offending shall forfeit and pay any sum not exceeding Five Pounds.

Penalty for neglet of duty;

to have his waggon, &c. weighed.

Power of Commissioners as to tolls already imposed;

May lessen tolls;

every

XXV. And be it further enacted by the authority aforesaid, That it shall be lawful for the Commissioners appointed under this Act, to continue to demand and receive the Tolls now directed to be taken and collected by any Act passed by the Legislature of this Province, for making and maintaing the Macadamized Roads, and they are hereby also empowered, at a meeting to be held for that purpose, of which meeting one calendar month's notice shall have been given in writing, to be affixed at all Turnpike Gates which shall be then erected upon such Roads, and in some public Newspaper published in the District, from time to time, to lessen or reduce all or any of the Tolls to be taken and collected as aforesaid, for and during such time as the Commissioners shall think proper, and afterwards at any meeting to be held as aforesaid, from time to time, as they shall see occasion, to increase all or any of the Tolls so lessened, to And on removal of gates any sum or sums of money, and also upon any Toll Gates, Turnpikes, Side Bars and Chains, being removed and placed elsewhere, or upon the erection or buildings of such other Toll Gates, Turnpikes, Side Bars or Chains, as the said Commissioners shall direct, they are hereby authorised

And increase again the tolls so lessened;

or erection of new ones,

may impose tolls;