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Lessee to have same powers of collecting tolls, &c. as a Collector appointed by the Commissioners;

And to be subject to the same liabilities.

respecting tolls.

shall refuse to tell his Christian and surname to any person who shall demand the same, on being paid the said To.ls, or any of them, or shall in answer to such demand give a false name, or shall refuse or omit to give to the person paying the Toll a ticket denoting the payment of the Tolls, and naming and specifying the Toll Gate at which such ticket has been delivered, and the Toll Gate or Toll Gates (if any) freed by such payment, or upon legal Toll being paid or tendered, shall unnecessarily detain or wilfully obstruct, hinder or prevent any passenger from passing through any Turnpike or Toll Gate, or shall make use of any scurrilous or abusive language to any Commissioner, traveller or passenger, then and in every such case, every such Toll Collector shall forfeit and pay any sum not exceeding Five Pounds for every such offence.

XXXV. And be it further enacted by the authority aforesaid, That during such time as the Tolls, or any part thereof, shall be leased to any person whomsoever, it shall be lawful for the lessee or farmer thereof, or such other person as he shall by writing or writings under his hand authorise and appoint, to demand and take such Tolls so leased, demised or farmed, and to use all such means and methods for the recovery thereof, in case of non-payment or evasion, as any Collector of such Tolls appointed under this Act is authorised and empowered to use; and such lessee or farmer, or other person as aforesaid, so demanding and taking such Tolls, shall be subject to the like pains and penalties and forfeitures, and shall be liable to the like actions and prosecutions as any Collector of such Tolls appointed by the Commissioners is subject or liable.

XXXVI. And be it further enacted by the authority aforesaid, That in Competency of witnesses case any dispute, suit or litigation shall arise, touching or in any wise relating to the Tolls granted by this Act, the person appointed to collect the same, or any other person acting under the authority of the Commissioners, shall not be incompetent to give evidence in dispute, suit or litigation, on account of his being appointed to collect such Tolls.

Property in toll, gates, toll-houses, &c. &c. vested in the Commissioners.

any such

XXXVII. And be it further enacted by the authority aforesaid, That the right, interest and property of and in all the Toll Gates and Toll Houses, Weighing Machines and other erections and buildings, lamps, bars, toll boards, direction boards, mile stones, posts, rails, fences and other things which shall have been or shall be erected and provided, in pursuance of any Act of the Legislature for improving the Turnpike Roads in this Province, with the several conveniences and appurtenances thereunto belonging, and the materials of which the same shall consist, and all

materials, tools and implements which shall be provided for making and repairing said Road, shall be vested in the Commissioners under this Act for the time being, and they are hereby authorised and empowered to apply and dispose of the same as they shall see fit.

Penalty for driving off

Doing damage to fences,

other building,

Or leaving waggon, &c.

of it,

on the road,

XXXVIII. And be it further enacted by the authority aforesaid, That if any person shall drive any wheeled carriage upon that part of the Road the hard road; between the stones or hard road and the ditch, when that part of the road is not sufficiently firm to resist the pressure of the wheels without forming ruts, further than may be necessary in passing any other vehicle, or in turning on, off or upon such road, or shall cause any injury or damage to be done to the posts, rails or fences, or shall wilfully pull down or damage any bridge, wall or any other building or erection made by the Commis- Or to bridge, walls or sioners under this Act, or repairable by them, or shall haul or draw, or Or trailing timber, &c. cause to be hauled or drawn upon any part of the Turnpike Roads, any along the road, timber, stone or other thing which shall be carried principally or in part upon wheeled carriages or sleighs, to drag or trail upon such Road to the prejudice thereof, or if any person shall leave any waggon, cart or other carriage whatever upon such Road, without some proper person in the without any one in charge sole custody or care thereof, longer than may be necessary to load or unload the same, except in cases of accident, and in cases of accident for a longer time than may be necessary to remove the same, or shall lay or laying timber, &c. any timber, stones, rubbish or other thing whatever upon such Road, to the prejudice, interruption and danger of any person travelling thereon, or if any person shall after having blocked or stopped any cart, waggon or stones in the road, other carriage in going up a hill or rising ground, cause or suffer to lie and remain on such Road, any stone or other thing with which such cart or carriage shall have been blocked or stopped, or if any person should pull down, damage, injure or destroy any lamp or lamp post put up, erected or placed in or near the side of the Turnpike Road or Toll Houses erected thereon, or shall wilfully extinguish the light of any such lamp, or if the occupier of any land or premises adjoining said Roads, Suffering cattle to lie shall suffer his cattle to lie about the same, or if any person shall wilfully pull down, break, injure or damage any Table of Tolls put up or fixed defacing the same, at any Toll Gate or Bar, or any part of the Turnpike Roads, or wilfully or designedly deface or obliterate any of the letters, figures or marks thereon, or if any person shall throw any earth, rubbish or other matter Or throwing rubbish, &c. or thing into any drain, ditch, culvert or other water-course made or into any drain, repairable by virtue of this Act, so as to obstruct the waters from running

Or leaving blocks or

Or injuring lamps,

about the road, Damaging toll-board, or

draining off the Turnpike Roads, or if any person shall without being or carrying away soil, thereto authorised by the Engineer or Surveyor for the time being, shovel &c. from the road, ap, scrape together, or carry away any stones, gravel, sand or other

Or digging holes,

Or wilfully preventing

materials, dirt or soil, from any part of the Turnpike Roads, or dig any holes or ditches on the allowances for the same, or if any person shall in

any person from passing. any manner wilfully prevent any other person from passing him, or any carriage under his care upon such Roads, every person offending in any of the cases aforesaid, shall forfeit and pay a sum not exceeding Forty Shillings for such offence.

Maliciously throwing

fence belonging to the

XXXIX. And be it further enacted by the authority aforesaid, That if down, &c. gates or other any person shall unlawfully and maliciously throw down, level or othertarapikes, a misdemeanor. Wise destroy, wholly or in part, any Turnpike Gate, or any Chain, Rail, Post, Bar or other fence belonging to any Turnpike Gate or Bar, set up or erected to prevent passengers passing by without paying the Toil directed to be paid by the Commissioners under this Act, every such offender shall be deemed guilty of a misdemeanor, and being convicted thereof shall be punished accordingly.

Exception from tolls:

Lieutenant Governor,

Officer or Soldier on duty,
Waggons, &c. carrying

their baggage or arms,

Or wounded Officer or
Soldier,

Or public stores for the
Meo of Her Majesty's
Forcos,

Provided that such waggon &c. belong to Her Majesty ;

XL. And be it further enacted by the authority aforesaid, That no Toll shall be demanded or taken by virtue of this Act, for any horses or carriages attending the Lieutenant Governor of the Province for the time being, or for the horse of any officer or soldier on the march or on duty, or for any horse or other beast, or any cart, carriage or waggon employed in conveying or carrying the arms or baggage of any such officer or soldier, or in carrying or conveying any sick, disabled or wounded officer or soldier, or for any waggon, cart or other carriage, or the horse, horses or beasts drawing the same, employed in conveying any ordnance or barrack, or Commissariat or other public stores of or belonging to Her Majesty, Her Heirs or Successors, for the use of Her Majesty's forces: Provided always, that such waggon, cart or other carriage, and such horse or other beast so employed in carrying and conveying such officers or soldiers, arms, munitions or stores as aforesaid shall belong to Her Majesty, or be impressed for the performance of such services, or for any horse or carriage that shall only cross any Turnpike Road, and not pass above one hundred yards thereon, or for any horse, beast or other cattle or carriage employed in carrying or conveying, having been employed only in carrying or conveying on the same day any dung, soil or compost, or manure for improving lands, or any ploughs, harrows or implements of husbandry, unless laden also with some other thing not hereby exempted from Toll, Or Hay, &c. under certain or any hay, straw, fodder for cattle, and corn in the straw which has grown or arisen on the land or ground in the occupation of the owner of any such hay, straw, fodder, or corn in the straw, potatoes or other agricultural produce, and which has not been bought, sold or disposed of, nor is going to be sold or disposed of, or for any horse or other beast employed

Or is impressed for such servioc;

Or for any Horse, &c. carrying compost;

Or implements of husbandry;

sircumstances;

going or returning while

or returning from public

in husbandry, going to or returning from plough or harrow, or to or from Or for any Horse, &e. pasture or watering place, or going to or returning from being shod or employed in husbandry: farried, such horse or other beast not going or returning on those occasions more than one mile on the Turnpike Road, or of or from any person or from persons going to or persons going to or returning from his, her or their usual place of worship on Sundays; religious worship on Sundays, or from any persons attending funerals, or or funerals; from any waggon, cart or other carriage employed at days wages by the or from waggons, &e. Commissioners, in carrying or conveying materials for making or repairing for the roads; the Turnpike Roads, or from the Engineer or Surveyor, or from the Commissioners appointed under this Act, when personally passing through Commissioners when any Turnpike, Toll Gate, Side Bar or Chain, upon or across any of the Turnpike Roads in the District.

Or from Engineer or

personally passing.

the exemption who are

XLI. And be it further enacted by the authority aforesaid, That if any person shall claim or take the benefit of the exemption mentioned in this Penalty on persons taking Act, not being entitled to the same, every such person shall for every not entitled thereto. such offence forfeit any sum not exceeding Forty Shillings, and in

all cases the proof of exemption shall be upon the person claiming the

same.

knowingly permitting

any person to cross land tolls;

the road to evade

XLII. And be it further enacted by the authority aforesaid, That if any Penalty for evading tolls: person shall with any horse, cattle, beast or carriage, go off or pass from any Turnpike Road through or over any land or ground near or adjoining thereto, not being a public highway, and such person not being the owner or occupier or servant, or one of the family of the owner or occupier of such land or ground, with the intent to evade the payment of the Tolls directed to be taken by any order of the Commissioners under this Act, or if any owner or occupier of such land, shall knowingly or willingly Or permit any person, except as aforesaid, with any horse, cattle or beast, or off carriage whatsoever, to go or pass through or over such land or ground, with intent to evade any such Toll, or if any person shall give or receive or counterfeiting tickets; from any person other than the Collector of the Tolls, or shall forge, counterfeit or alter any note or ticket, directed to be given with intent to evade the payment of the Tolls, or any part thereof, or if any person shall fraudulently or forcibly pass through any such Toll Gate, with any horse, cattle, beast or carriage, or shall leave upon the said Road any horse, cattle, beast or carriage whatsoever, by reason whereof the payment or otherwise lessening of any tolls or duties shall be evaded or lessened, or shall take off, or same. cause to be taken off, any horse or other beast or cattle from any carriage either before or after having passed through any Toll Gate, or having passed through any Toll Gate, shall afterwards add or put any horse or

S

any

Or forcibly passing with a toll gate;

horse &c. through

the tolls or evading the

Commissioners may

under certain exceptions, over adjoining lands

till the road be repaired,

other beast to any such carriage, and draw therewith upon any of the Turnpike Roads, so as to increase the number of horses or other beasts drawing the said carriage, after the same shall have passed through any Toll Gate, whereby the payment of all or any of the Tolls may be evaded or lessened, or if any person shall do any other act whatsoever, in order and with evident intent to evade the payment of all or any of the Tolls, and whereby the same shall be evaded or lessened, every such person shall forfeit and pay for every such offence, any sum not exceeding Forty Shillings.

XLIII. And be it further enacted by the authority aforesaid, That it shall make a temporary road, be lawful for the Commissioners to make, or cause to be made, a road through the grounds adjoining any ruinous or narrow part, or any part &c. making recompense; making and not completed of any Turnpike Road, (not being the site or ground whereon any buildings stand, nor being an orchard, yard, garden, planted walk or avenue, or any ground planted as an ornament or shelter for an house, or any enclosed ground set apart as a nursery for trees,) to be made use of by all passengers, cattle and carriages, as a public highway, whilst the old road is repairing or widening, or a new road making, and till such time as it shall be convenient for passengers and carriages to pass along the same, making such recompense to the owners and occupiers of such private grounds respectively for the damage they shall or may thereby sustain, as shall be adjudged reasonable by the Commissioners; If recompense disputed, and in case of any difference concerning such damages between such owners or occupiers and such Commissioners, then it shall and may be lawful for any two or more Justices of the Peace, acting in and for the District, on fourteen days notice in writing being given by either party to the other, to settle, adjudge and finally determine what recompense shall be made to such owners and occupiers for the damages they shall have sustained as aforesaid.

two Justices may deter

mine the same.

Penalty on forcibly opposing Collector in

the execution of his duty.

Vacancy by Trustees neglecting to attend meetings;

XLIV. And be it further enacted by the authority aforesaid, That in case any person shall resist, or make forcible opposition against any Collector of the Tolls in the execution of his office, every such person offending therein, shall for every such offence forfeit any sum not exceeding Five Pounds, at the discretion of the Justices of the Peace before whom he shall be convicted.

any

XLV. And be it further enacted by the authority aforesaid, That if of the present Trustees shall neglect to attend three successive meetings of the Commission, after due notice of such meetings shall have been personally served upon such Trustees, unless they shall have been pre

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