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vented by sickness, or absence from the District, he or they shall be deemed and taken to have vacated their office of Trustee, and upon a representation of such absence being made to the Governor, Lieutenant Governor, or person administering the Government, by a majority of the Trustees, it shall and may be the duty of the said Governor, Lieutenant To be filled by Governor. Governor, or person administering the Government, to nominate and appoint another or other Trustee or Trustees, in the place of such Trustee or Trustees neglecting to attend as aforesaid.
Penalty on negligent
XLVI. And be it further enacted by the authority aforesaid, That no No waggon, &c. to be cart or waggon, travelling on any of the Turnpike Roads, shall be driven 15 years of by any person who shall not be of the full age of thirteen years, under a penalty not exceeding ten shillings, to be paid by the owner of such cart or waggon; and if the driver of any carriage whatsoever, on any part of the Turnpike Roads, shall by negligence or wilful misbehaviour, cause driving any hurt or damage to any person or carriage passing, or being upon such road, or shall quit the road and walk on the footpath, or wilfully be at such distance from such carriage, or in such a situation whilst it shall be passing upon such Turnpike Road, that he cannot have the direction or government of the horses or cattle drawing the same, or if any person shall by negligence or misbehaviour prevent, hinder or interrupt the free passage of any carriage, or of Her Majesty's Subjects on any of the Turnpike Roads, every such driver so offending in any of the cases aforesaid, and being convicted of any such offence, either by his own confession, the view of a Justice of the Peace, or by the oath of one or more credible witness or witnesses before any Justice of the Peace for the District, shall for every such offence forfeit any sum not exceeding Forty Shillings, and in default of payment, be committed to the common Gaol, for any time not exceeding one month, unless such forfeiture shall of payment. be sooner paid, and every such driver offending in either of the said cases, shall and may by the authority of this Act, with or without any warrant, be apprehended by any person who shall see such offence committed, and shall be conveyed before some Justice of the Peace, to be dealt with according to law.
Imprisonment in default
XLVII. And be it further enacted by the authority aforesaid, That if any person shall erect, make, or cause to be erected and made, any dwelling the road by buildings : house, building or fence, on any part of the allowance of one chain for the Turnpike Roads, or shall make any drain, gutter, sink or water-course, o without the consent of the Commissioners first had and obtained, across or otherwise break up or injure the surface of any such Road, or of any part thereof, every person so offending shall forfeit and pay for every
Penalty for obstructing
y Or making drains, &c.
such offence, any sum not exceeding Forty Shillings; and it shall be lawful for the Commissioners under this Act, to cause such dwelling house or other building, fence, drain, gutter, sink or water-course, to be taken down or filled up at the expense of the person to whom the same shall belong; and it shall and may be lawful for any two or more Justices of the Peace of the District, upon proof thereof to them made upon oath, to levy as well the expenses of taking down or filling up such dwelling house or other building, drain or other encroachments as aforesaid, as the several and respective penalties hereby imposed, by distress and sale of the offender's goods and chattels, rendering the overplus (if any) to the owner on demand.
XLVIII. And be it further enacted by the authority aforesaid, That no de personat ettiling maine, person shall be capable of holding any place of profit under the Commis
sioners of the Turnpike Roads, who shall sell any Wines, Ale or Spirituous Liquors, or provisions by retail.
&c. to hold office under the Commissioncrs.
half a mile of either side
Town Clerk required to
sioner's Clerk of persons liable to such cominuta. tion ;
XLIX. And be it further enacted by the authority aforesai, That from All persons living within and after the passing of this Act, all persons living within half a mile of these roads, required either side of the Roads, placed by this Actunder the care and management abour nt28. tl. per diem; of the Commissioners, and who are by the existing laws of the Province
liable to perform statute labour, shall and they are hereby required to commute the same, and pay the amount in money, at the rate of two shillings and six-pence per day for every day for which they are assessed ;
and the Town Clerks for the several Townships in which the said Roads deliver lists 10 Commis- are situate, are hereby required to deliver to the Clerk of the Commis
sioners, on or previous to ihe first day of May in each and every vear, true and perfect lists, in writing, of the names of the several persons within such Township who are liable to pay such commutation, together with the number of days, he, she or they are assessed, for which lisis each
Town Clerk, upon delivering the same, shall be entitled to demand and receive the sum of ten shillings from the Clerk of the Commissioners, to be paid out of the funds of the Trust; and the Commissioners shall have full power and authority, and are hereby required to demand and receive, or cause to be demanded and received, the amount of commutation for statute labour to be paid under this Act; and in case any person shall neglect or refuse to pay the same, for the space of fourteen days after it shall be so demanded, it shall and may be lawful for any two or more Justices of the Peace of the District, upon proof thereof to them made upon oath, to levy the same by distress and sale of the goods and chattels of the person so neglecting or "refusing; and the money so arising from
Ten shillings allowed
Commissioners may demand such commutition;
And on refusal two Justices may levy the sume by distress.
Parliament.---Chap. LIII. 3rd Victoria
such coirmutation, shall be applied by the Commissioners for the purposes of this Act, for repairing and maintaining the Turnpike Roads.
for not furnishing lists.
L. And be it further enacted by the authority aforesaid, That if any Penalty on Town Clerk Town Clerk shall fail or neglect to furnish the list aforesaid, by the time o before specified, he shall forfeit and pay for every such neglect, a sum not exceeding Five Pounds.
to the operation of this
LI. And be it further enacted by the authority aforesaid, That so much 5th and 28th section of the fifth and twenty-eighth clauses of an Act passed in the first year repeated as far as relates of the reign of Her present Majesty Queen Victoria, entitled, “An Act Act. to alter and amend sundry Acts, regulating the appointment and duties of Township officers," as relates to the elections of overseers of highways, and the wilful stopping up of any highway or road in any Township, be and the same are hereby repealed, so far as relates to the operation of this Act.
Money collected at Yol
half yearly to Receiver
loan for Macadamizing
LII. Anul be it further enacted by the authority aforesaid, That all the mor money collected at the different Toll Gates on each Road, shall be paid Coun by the Collector to the Commissioners of such Road, when required by them, and that it shall be the duty of the said Commissioners, and they Commissioners to pay are hereby required, on or before the first day of January and the first General the interest on day of July, in each and every year, to pay over to Her Majesty's Receiver the roade ; General, such part of the said Tolls as shall amount to the interest of the principal money borrowed and expended in Macadamizing said Roads, to be by him applied to the payment of the interest on the said loans as it becoines due: Provided always, that the Commissioners shall state the amount paid on account of each Road respectively, and the money so sum paid on each road paid shall be applied only to the Debentures issued for such Roads.
Separate account of
to be kept.
Commissioners to pay
LIII. And whereas the Commissioners are authorised and empowered, from and after the expiration of eleven years from the passing of this Act, S. Receiver General hals to raise such Tolls on the said Roads as will enable them (besides keeping credeemde monturen. the same in repair) to pay the interest on the said loans, and redeem the balance of the principal sum, within a period of not less than twenty-six years: Be it therefore further enacted by the authority aforesaid, That the said Commissioners are hereby required 10 pay over the same to Her Majesty's Receiver General, at least once in every six months, at the periods before-mentioned, to be by him applied to the purpose and in the manner before specified.
LIV. And be it further enacted by the authority aforesaid, That it shall and may be lawful for the Lieutenant Governor, or person administering the Government of this Province, from time to time, to nominate and appoint such person or persons as he may think fit to fill any vacancy or vacancies which may happen in the said Board of Commissioners, by death, resignation or otherwise.
All persons who have been heretofore employed
henceforth in all respects
LV. And be it further enacted by the authority aforesaid, That all perby the Trustees to be sons who shall have been employed by the Trustees under any Act for accountable to board of Macadamizing the Roads, who shall have received any Tolls or other
money for the purposes of such Act, which may have been repealed, or who may have or shall have had in their custody or possession any money, books, papers, writings or other things relating to any such Turnpike Road, shall account for and pay and deliver over the same, and every part thereof, to the Commissioners appointed under this Act, in like manner and under the like penalties as the several Collectors and other persons receiving any money by virtue of this Act, are by the said Act
required to pay or account for the same; and it shall and may be lawful Commissioners empower- for the Commissioners appointed under and by virtue of this Act, and such parts of the several, they are hereby empowered and required to carry into effect all such as have not been repealed. parts, provisions and enactments of the before-recited Acts of the third,
sixth and seventh years of the reign of His late Majesty William the
Fourth, and of the first year of the reign of Her present Majesty Victoria, • for Macadamizing the Roads, as shall not have been repealed.
ed to carry into effect such parts of the several statutes before-mentioned
Commissioners out of
LVI. And whereas several of the Trustees appointed by the above the first money urising recited Acts, have for the purposes of such Acts become personally responto relieve former Trustecs sible for large sums of money, in anticipation of the sale of Debentures,
which sale has not yet been effected, and which sums of money have actually been expended in the improvement of the Turnpike Roads: Be it therefore further enacted by the authority aforesaid, That the Commissioners under this Act, shall out of the first money arising from the sale of such Debentures, pay and discharge the said sums of money, and so soon as the same shall have been paid by the said Commissioners, the said Trustees shall be and they are hereby declared to be fully exonerated and discharged from all personal responsibility respecting such sums as aforesaid.
certain roads within the
LVII. And be it further enacted by the authority aforesaid, That it shall Commissioners to keep and may be lawful for the Commissioners under this Act, and they are City of Toronto, and its hereby required to maintain, keep in repair, and retain under their care
and management, all such portions of the Turnpike Roads, situate within
liberties, in repair;
the Liberties and City of Toronto, as have been made by the Trustees under and by virtue of any of the before-recited Acts for Macadamizing the Roads; and it shall not be compulsory upon the said Commissioners to remove their Toll Gates without the Liberties of the said City, until; such times as the Corporation shall assume the payment of such parts of wil the Corporation the loan and interest as have been expended by the Trustees in constructing the said portions of Road, and shall further undertake to keep the same in repair.
And need not remove their toll-gates without the liberties of the City
assume the payment of part of the debt.
All penaltics over £5,
Court of record ;
LVIII. And be it further enacted by the authority aforesaid, That all penalties imposed by this Act, exceeding Five Pounds, may be sued for may be recovered in any in any of Her Majesty's Courts of Record in this Province, and that every prosecutor or informer shall sue for and recover any forfeiture or penalty Mode of proceeding to imposed by this Act, in the manuer hereinafter mentioned, (that is to say): if the same shall exceed the sum of Five Pounds, it shall be recoverable by action of debt in any of Her Majesty's Courts of Record, in which it shall be sufficient to declare that the defendant is indebted to plaintiff in the sum of - -, being forfeited by 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," and the plaintiff, if he recover, shall have full costs: Provided that there shall not be more than one recovery for the same offence, and that twenty-one days notice be given" to the party offending previous to the commencement of such action, and that the same be brought and commenced within three calendar months Action to be brought after the offence for which such action is brought shall have been committed ; and if the said penalty or forfeiture shall not exceed the sum of, Five Pounds, the same shall be recoverable only by information before recoverable before two two or more Justices of the Peace, and no writ of certiorari to remove the same shall be allowed.
Notice to offenders;
within three months ;
Penalty under £5,
LIX. And be it further enacted by the authority aforesaid, That when any distress shall be made for any sum or sums to be levied by virtue of want of form in prothis Act, the distress itself shall not be deemed unlawful, nor the party or parties making the same, be deemed a trespasser or trespassers on account of any default or want of form in any proceeding relating thereto, nor shall the party or parties be deemed a trespasser or trespassers ab-initio, on account of any irregularity which shall be afterwards done in making the distress, but the person or persons aggrieved by such irregularity, may recover the satisfaction for the special damage in an action on the case : Action on the case for Provided always, that no plaintiff or plaintiffs shall recover in any action" for such irregularity, trespass or wrongful proceedings, if tender of suffi- Tender of a
No distress unlawful for