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and empowered, at any meeting to be held as aforesaid, to fix such Toll
Turnpike or Side Bar, so removed and placed or erected elsewhere, as
Amount of tolls to be sufficient to pay all cbar. ges, the interest of the debt, and necessary
ally, cele mai interponent chard
XXVI. And be it further enacted by the authority aforesaid, That it for her shall and may be lawful for the Commissioners appointed under this Act, raising tolls after the to raise such Tolls on the Turnpike Roads, from and after the expiration years. of twelve years from the passing of this Act, as will enable them to keep such in repair, pay the necessary officers employed in the execution of this Act, and redeem the balance of the principal sum expended in constructing said Roads, within a period of not less than twenty-six years from the passing of this Act.
XXVII. And be it further enacted by the authority aforesaid, That it shall and may be lawful for the Commissioners of the Turnpike Roads, farm out tolls : at a public meeting, to let to farm the Tolls of the several Gates erected upon such Turnpike Roads, in the manner hereinafter mentioned, that is to say: the Commissioners shall cause notice to be given of the time and
Notice to be place of letting the same, at least one month before the day appointed for that purpose, by affixing the same upon every Toll Gate belonging to such Turnpike Roads, and by insertion thereof in some public Newspaper circulated in the District, and specifying in every such notice the sum which the said Tolls produced in the preceding year, clear of the salary What notice must confor collecting the same, in case any hired Collector was appointed, and that they will let such Tolls by Auction, to the best bidder, upon his producing sufficient sureties for the payment of the money monthly, and that they will be put up at the sum which they were let for or produced in the preceding year, clear of the salary of the Collector; the highest bidder shall be the farmer or renter of the said Tolls, and shall forthwith the farmer of the tolle ; enter into a proper agreement for the taking thereof, and paying the money at the time specified in such notice, with such surety or sureties for the Sureties to be given payment thereof, and under such conditions, and in such manner as the said Commissioners shall think fit; and if the person being the highest
If highest bidder fail tolls to be put up again immediately ;
If no bidder, or if tolls not let at auction,
Commisioners may accept Tawiui a private tender;
At not less than the sum
IC highest bidder failin bidder shall not forthwith enter into such agreement, it shall and may be
lawful to put up the said Tolls again immediately for another bidder, and in like manner to continue putting up the same until a bidder shall be found who shall enter into such agreement; and in case no bidder
shall offer, or in case the same shall not be let at such Auction, it shall be epe lawful for the said Commissioners to accept a private tender for the same,
and to demise or let to farm all or any of such Tolls, at any sum not less than the sum at or for which they shall then have been last let, or the said Commissioners may appoint a Collector of such Tolls, or fix some future day for the letting thereof, as they shall judge most proper, upon giving such notice thereof as aforesaid, and shall and may in that case
put them up at such sum as they shall think fit; and if the person who e nter of taking chan
shall be the farmer, renter or collector of such Tolls, shall take a greater
Penalty for taking a greater or less toll than that regulated ;
Commissioners may appoint a person to bid for tolls;
pornit pe some bica
Not to be let for more than twelve months at a time.
Collectors may daily demand and receive tolls,
Commissioners and their XXVIII. And be it further enacted by the authority aforesaid, That it demand and receive tolls, shall and may be lawful for the Commissioners under this Act, or any
person appointed Collector of the Tolls to be taken by virtue of this Act, to demand and take every day, (such day for the purposes of this Act being computed from twelve of the clock at night, to twelve of the clock at the next succeeding night,) the several and respective Tolls directed to be taken by the Commissioners at the several and respective Toll Gates and Turnpikes, Side Bars, and Chains in, upon, across or on the sides of the Turnpike Roads, or any part thereof; and which Tolls or sums of money shall he demanded and laken as aforesaid, before any horses, cattle or carriage whatsoever, shall be permitted to pass through any Toll Gate, or Turnpike, or Side Bar or Chain, and the Tolls or sums of money to be levied and collected by virtue of this Act, are hereby vested in the Commissioners for the purposes thereof, in manner to be thereby directed.
Tolls payable before any horse, &c. allowed to pass.
Commissioners may compound with any
XXIX. And be it further enacted by the authority aforesaid, That it shall Com and may be lawful for the Commissioners, and they are hereby empowered, person for tolls ; from time to time, as they shall see convenient, to compound and agree, for any term not exceeding one year at any one time, with any person for the Tolls payable for any horses, cattle or beasts, or carriages passing through any of the Turnpikes or Toll Gates of the Roads under their care and management, and collected and taken under the authority of this Act; and also that the Commissioners shall have power to make such equitable arrangement with any person desiring or having occasion merely with any person having to cross, or not travelling a greater distance than three hundred yards on or travel a short distance any Turnpike Road, and without any intention to evade the Tolls, as to them may appear just and reasonable.
And make arrangement
A board containing a
tained in the table;
XXX. And be it further enacted by the authority aforesaid, That the Commissioners under this Act shall and they are hereby required to put tableauftolis, &c. to be
i u kept up at every toll-gate, up, or cause to be put up, and afterwards to be continued at every Toll kept up atero Gate within the District, a Table painted in distinct and legible black How to be painted ; letters, on a board with a white ground, containing at the top thereof the name of the Gate at which the same shall be put up, and also a List of Particulars to be conall the Tolls payable at every such Gate, distinguishing severally the total amount of Tolls payable under this Act, and also a List of the several Gates which shall be wholly or partially cleared by the payment of Tolls at the Toll Gate or Bar where such Table of Tolls shall be affixed; and the said Commissioners shall also provide tickets, denoting the payment Tickets to be provided ; of Toll, and on such several tickets shall be specified the name of the What they are to contain. Gate at which the same respectively shall be delivered, and also the names of the several Gates freed by such payment, one of which tickets shall be delivered gratis to the person paying the Toll, and on the production of such ticket therein-mentioned, as being cleared as aforesaid, by the payment of the Toll at the Gate where such ticket was delivered, the person producing the same, shall pass through the Gate or Gates thereinmentioned without paying any further or additional Toll.
Collector two Commis
XXXI. And be it further enacted by the authority aforesaid, That upon In case of death, &c. of the death, incapacity, refusal, neglect or absconding of any collector or sioners may appoint a receiver of Tolls at any Turnpike or Weighing Machine, upon any of the Turnpike Roads, any two or more of the Commissioners, though not assembled at any meeting, by writing under their respective hands, shall and may nominate and appoint a proper person in his place, to continue until the next meeting of the Commissioners, in the stead of such collector or receiver as shall so die, become incapable, refuse, neglect or abscond; which person so nominated and appointed shall have the like power and
Who shall exercise the same powers and be in the same manuer liable as his predecessor ;
refused, under the authority of any Justice.
authority, and be answerable and accountable, in the same manner, in all respects, as the person who shall die, become incapable, refuse, neglect or abscond, would have had and been subject to if living; and if any
collector or receiver of Tolls as aforesaid, who shall be discharged from Possession of toll house, his office by the said Commissioners, or the wife or widow, or any of the
children, family or representatives of any collector or receiver, who shall die, abscond, refuse or neglect to perform his duty, or be discharged, or any other person having the possession of any Toll House or Building, or Weighing Machine, erected by virtue of this Act, shall neglect or refuse to deliver up such possession for the space of three days after demand thereof made, and notice in writing given for that purpose by any two or more of such Commissioners, or by their Clerk, then and in any of the said cases it shall and may be lawful for any Justice of the Peace for the District, by warrant under his hand and seal, to order any Constable, or other Peace Officer for the same place, with such assistance as shall be necessary, to enter such House or Building, or Weighing Machine, in the day time, and to remove the person who shall be found therein, together with his goods, out of the same, and to put the said Commissioners, or any of their officers, in the possession thereof.
While toils arc leased
XXXII. And be it further enacted by the authority aforesaid, That during Lessce to have possession such time as the Tolls arising on any of the Turnpike Roads, or any
part or parts thereof, shall be leased, demised or let to any person whatsoever, it shall and may be lawful to and for the lessee or farmer thereof, or such other person as he shall authorise and appoint, to occupy and enjoy the Toll House or Houses at which the said Tolls so let are to be collected and to arise, with all the appurtenances and conveniences to the same Toll House or Toll Houses belonging, for the purpose of collecting such Tolls during so long time only as such lessee or farmer shall duly and regularly pay his rent or rents, and perform the covenants, agreements and conditions of such lease, demise or letting, but no further or otherwise.
XXXIII. Anil be it further enacted by the authority aforesaid, That in case all or any of the Tolls, arising by virtue of this Act, shall be demised or let to farm to any person, in any manner whatsoever, and the lessee or farmer thereof shall neglect or refuse to perform the terms and conditions on which the same shall be so demised or let, or in case the rent or rents agreed to be paid by such lessee or farmer, shall be in arrear for the space of seven days next after any of the days on which the same ought to be paid, pursuant to the agreement for letting to farm thereof, or in case any such lease or agreement shall in any other manner become
IM.exsec of tolls neglect to fulfil the conditions of lease, or if rent in arrear seven days ;
1.cssee may be removed boy warrant of a Justice;
And Commissioners be put in possession;
void, then and in any of those cases it shall and may be lawful for any Justice of the Peace for the District, by warrant under his hand and seal, žo order a Constable or other Peace Officer, with such assistance as shall be necessary, to enter upon and take possession of any Toll House or Toll Houses, Toll Gate, Bar or Chain, or Weighing Machine, and the buildings or appurtenances thereto belonging, and to remove and put out such lessee or farmer of the Tolls arising thereat respectively, or other person who shall be found therein, together with his goods, out of and from the possesgion of the said Toll House or Toll Houses, and from the collection of Tolls, and to put the said Commissioners, or any of them, or their new appointed officer or other person acting by or under their authority, into the possession thereof, and thereupon it shall be lawful for the said Commissioners (if they shall think fit) to vacate and determine the contract and agreement (if any) for demising or letting the said Tolls to such lessee or farmer, and the same shall be from that time utterly void to all annul the agreem olla intents and purposes, (sare as to covenants or agreements,) for payment up to that time of the rent or rents thereby reserved, or other covenant or agreements on the lessee's part which shall have been holden, as if such demise or agrcement had never been made, and it shall be lawful for the said Commissioners, in every such case, to demise or let to farm the said Tolls again to any other person, or cause them to be collected, as if no former denise, contract or agreement had been made relative thereto, any rule of law or right to the contrary notwithstanding,
11 And Commissioners may
keep up a board with his name painted thereor at
XXXIV. And be it further enacted by the authority aforesaid, That
al Every toll Collector to every Toll Collector upon the Turopike Roads, shail place or cause to keep up a board with luis be placed on some conspicuous parts of the front of the several Toll lengtti ; Houses at which they shall be respectively stationed, and so that the name shall appear to public view, their Christian and surnames, painted in black on a board with a white ground, each of such letters of such name or nimes, to be at least two inches in length, and of a breadth in proportion, and that such board shall be and remain at such Toll House during the whole of the time that the person whose narne shall be expressed thereon shall be on duty thereat; and if any Collector of the said Tolls shall not place such board, and keep the same there during the time he other breach of duty by shall be such Collector as aforesaid, or shall demand and take a greater or less Toll from any person than he shall be authorised to do by virtue of the orders and resolutions of the Commissioners, made in pursuance of this Act, or shall demand and take a Toll from any person who shall be exempt from the payment thereof, and who shall claim such exemption, or shall refuse, or permit or suffer any person to read, or shall in any wise hinder any person from reading the inscriptions on such board, or
Penalty for this or any
Collectors of tolls.