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Breaches of this act, before whom tried.

Mode of proof, when damage is done in the night season.

Senate to appoint commissioners on turnpike roads;

their duty.

sect. 17. Any one justice of the peace of the town, not interested in any suit, brought for a breach of this act, shall have jurisdiction thereof, except when the damages demanded amount to more than thirty-five dollars; any thing in any law to the contrary notwithstand

ing.
CHAP. II.

An Act to detect and punish Trespasses committed in the night season.

E it enacted by the Senate and House of RepreB sentatives, in General Assembly convened, That when any damage is done in the night season, in a secret manner, the party injured may speedily prefer his complaint against the person he suspects to have done the wrong, to any court or justice of the peace, who may forthwith issue a precept, and bring such suspected person before them or him; and if the plaintiff can adduce sufficient testimony to render it probable, that the defendant committed the injury, he shall be adjudged guilty; unless he shall offer to be examined on oath: and such court shall have power to administer an oath to the defendant, and to enquire of him, as well as of all other witnesses produced, by the party, respecting the matter complained of. And if the defendant can satisfy the court, that he did not commit the injury complained of, and was not aiding therein, he shall be acquitted, and recover his costs; but if he cannot, he shall be liable to answer for all the damages the plaintiff has sustained, with the costs.

TITLE 105. Turnpike Roads.

An Act relating to Turnpike Roads.
SECT. 1. B'. it enacted by the Senate and House of Rep-

resentatives, in General Assembly convened, That the senate, during the session of the general assembly in May, shall annually appoint on each of the turnpike roads, which now are, or hereafter shall be established, by law, in this state, two commissioners, who shall be called commissioners of turnpike roads; and it shall be the duty of said commissioners, before the twentieth day of June, in each year, and at other times, if in their opinion, the public good shall require it, carefully to inspect the several turnpike roads, on which they may be

appointed commissioners, as aforesaid; and in the case of the death or resignation of any commissioner, during the recess of the general assembly, such vacancy may be supplied by appointment by the governor, until the next session of the general assembly; and the clerk of the senate, or secretary of the governor, shall give notice to the commissioners appointed, of their said appointment, as soon as may be.

sect. 2. Whenever, in the opinion of said commissioners, any turupike road, which it may be their duty to inspect, shall not be kept in good and sufficient repair, such commissioners shall have power, and they are hereby fully authorized, to order the gate, or gates on such insufficient road, to be thrown open, and to cause that the same remain open, and no toll received, for passing on said road, until said road shall be placed in such a state of repair, as shall be acceptable to said commissioners; and it shall be the duty of the commissioners, on the several turnpike roads, to give reasonable notice in writing, to the clerk of the proprietors of such road, of the time when they shall inspect the same, and after such inspection, like notice to the clerk of said company, of any order or orders, which may be made relative thereto.

sect 3. It shall be the duty of said commissioners, to require suitable railings, to be erected at such place or places, on the respective roads, on which they are commissioners, where they may consider them necessary; and the expense of such railings, and of all other improvements, on such roads, which may be required by said commissioners, shall be defrayed by the proprietors of the respective roads, on which such railings may be erected, or improvements made ; and the whole amount of the expense, to which such proprietors may be subjected, as aforesaid, excepting the expense of making the ordinary and necessary repairs, shall be added to the capital stock of such proprietors; and all such claims and charges shall be liquidated, and allowed, by said commissioners.

sect. 4. Whenever said commissioners, shall order any repairs or improvements to be made, as aforesaid, on any turnpike road, they shall limit such time for that purpose, as they shall judge reasonable, and give notice thereof, in writing, to the clerk of the turnpike company, to whom it shall belong to repair and improve such road; and if such company shall neglect to repair such road, after receiving such notice, for the space of one month after the time limited as aforesaid, their charter may be declared void, on application to the general assembly, for that purpose.

Vacancies,

how supplied.

Who to give notice of appointment.

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To state the accounts of the company :

in what man-
ner;,

where to be
kept.

In what cases, One Commissioner may act, &c.

Compensation of commis*loners.

Turnpike companies may open drains and Water-courses.

sect. 5. It shall be the duty of the commissioners. which are or may be appointed, to inspect the several turnpike roads, to state the accounts of the several companies in such form as shall be prescribed by the treasurer of this state, for the time being; and the capital stock of each company allowed, and which shall be duly allowed, from time to time, shall be stated in one account; and the annual repairs and expenses, and the tolls annually received, shall be stated in a distinct and separate account ; and the said treasurer shall procure, and furnish said commissioners, with printed blank forms for that purpose. And such accounts shall be annually adjusted and stated, and returned to said treasurer, who shall make a report thereof to the general assembly ; and the same, being allowed, shall be registered by the treasurer, in a book to be kept for that purpose ; and the originals shall be lodged and kept on file, in the treasurer's office. And said commissioners shall also lodge with the clerks of the respective turnpike companies, annually, duplicates of the accounts by them stated and adjusted, as aforesaid. And all necessary expenses, which the commissioners shall allow, in pursuance of any law authorizing the same, may be charged in the account againt such road, and when so charged, the items thereof shall be specified; but no deficiency of interest shall be charged as an addition to the stock of any company. sect. 6. Any one of the commissioners is hereby authorized to do and perform, any and all the duties required by this act, relating to the roads, wherein they are or may be appointed commissioners, excepting when said commissioners deem it proper that both of them should attend upon, and perform such duties; and in all cases, where improvements or repairs are ordered to be made on any turnpike road, it shall be the duty of one, only, of the commissioners, to review said road, and determine whether such improvements or repairs are made. sect. 7. Each of said commissioners, shall be allowed the sum of two dollars for each day, he shall be employed in rendering the services required of him by this act; which shall be paid by the turnpike company, on whose road he may have been appointed as aforesaid ; and shall also constitute a part of the capital stock of such turnpike company. sect. 8. Whenever there shall be occasion to make any drain, or clear any water-course, on any place or places, where water may drain off from any turnpike road, to make the same dry, and better to pass on, the turnpike companies which now are, or hereafter shall be incorporated, or the directors thereof, with such persons

as they shall employ, attending them, may, and they are hereby empowered to make such drains, and clear such water-courses, and places where water may drain off from such turnpike road, into or through any person’s land, or possessions, so far as may be necessary, sufficiently to drain the water off, from such turnpike road. sect. 9. The directors of the several turnpike companies, may contract with any person, to use their road, and pass their gates, for any sum, and term, as may be agreed upon. sect. 10. Whenever any person, in going from town to town, or from place to place, shall travel upon a turnpike road, and with intent to avoid the payment of toll, shall, before coming to a gate, depart from said road, and afterwards, beyond such gate, shall return to, and travel upon said road, such person shall be liable to pay the same toll, as if he had passed said gate, and if sued therefor, and judgment be rendered for the plaintiff, such person shall, at the discretion of the court, be liable to pay double costs; and if any person passing a turnpike gate, shall refuse to pay the toll, by law payable at such gate, and be sued therefor, and judgment be rendered for the plaintiff, such person shall, at the discretion of the court, be liable to pay double costs. sect. 11. In all cases where the incorporating act of any turnpike company, does not designate what bridges on their road, shall be built by them, and those which shall be built by the town where situated, and such company, in building, and putting such road in repair, have built any bridge or bridges, which otherwise might have belonged to the town, where situated, to have built, it shall be conclusive evidence that such bridge or bridges, belong to such company to build and keep in repair; and in all cases, where any bridge on any turnpike road, belongs to any town to build and repair, it shall be the duty of the commissioners of such road, (both parties being notified or present,) to ascertain and designate, by suitable bounds and description, the extent of its abutments from the bridge, and cause such description to be lodged with the clerk of the town, where such bridge is situated. sect. 12. The clerk of each turnpike company shall, within one month after the annual meeting of said company, certify in writing, to one of the commissioners of the road, belonging to such company, the names of the persons chosen directors and treasurer of such company, for that year; and if such clerk shall heglect to certify as a. foresaid, it shall be the duty of such commissioners, to set and keep open the gates on such road, until they shall receive such certificate.

Directors may contract for use of their road.

Persons avoiding gates liable to pay the toll;

and double costs.

What bridges to be built, by a turnpike company.

Commissioners to designate the abutments of bridges, to be built by towns, on turnpike roads, &c.

Clerks of companies to certify the names of directors. &c. or

gates to be set open.

Directors, &c. to attend with commissioners. To settle accounts;

or gates to be set open.

Rates of toll established.

Half toll.

What exemptions to be made, by the company.

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sect. 13. Whenever the commissioners of any turnpike road, shall give notice to one of the directors or treasurer of the company, of the time and place of their attendance, to settle the accounts of said company, and said director, or treasurer shall neglect or refuse to attend, and settle the same, it shall be the duty of such commissioners, to cause the gates on such road, to be kept open, until such settlement be made. sect. 14. The several turnpike companies in this state, are authorized to collect and receive, in the following cases, the toll following, at each gate, where a whole toll is allowed by law, to wit: For each waggon, the body not hung on springs, drawn by one horse, six cents and three mills. For each four wheeled pleasure carriage, drawn by one horse, eight cents. For each waggon, or four wheeled carriage, for transporting loads, when drawn by two beasts only, twelve cents and five mills. For each additional beast, three cents. If such waggons or four wheeled carriages are empty, half the sums aforesaid. For loaded carts, or ox waggons, drawn by four beasts, twelve cents and five mills. For each additional beast, three cents. For empty carts or ox waggons, only half the aforesaid Sums. And at each gate, where only a half tollis by law allowed, half the aforesaid tolls, and no more, shall be collectible in the cases aforesaid. And this act shall not affect the toll prescribed by the act incorporating any turnpike company. sect. 15. No turnpike company shall take benefit of the provisions of the last section, unless such company have passed, or shall pass a by-law, or vote, making the following exemptions, to wit: All persons travelling for the purpose of going to, or returning from any meeting, for the purpose of public worship, if such meeting is held in the same, or next adjoining town; and also, all persons going to, or returning from funerals, in the same, or next adjoining town; all officers and soldiers going to, or returning from military duty, by order of law, or by authority of this state, or of the United States; all persons going to, or returning from gristmills, on horse-back or with carriages, unless they travel more than four miles on such road; all persons going to, or returning from their usual and ordinary farming business, unless they travel more than four miles on such road ; all persons going to, or returning from any town, or

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