be estimated by said committee, saving to either party the right of trial by jury, respecting damages only, according to 1803 ch. 150. law making provision for the recovery of damages arising from the laying out highways: Provided however, That said corpo- Proviso. ration may purchase and hold lands, over which they may make their road, in every such case, the estimation of damages shall be omitted by said committee. And no turnpike road hereafter granted shall be less than four rods in width, and the travelled part of the same shall not be less than twentyfour feet in any part thereof. SECT. 3. Be it further enacted, That no gate shall be erect- Gate not to be ed by any turnpike corporation, on any county or town road erected on old before established; and no turnpike gate shall be erected road. across any turnpike road where full toll shall be demanded, except said gate be ten miles distant from any other turnpike gate, on the same road, unless the Act granting the same road shall contain different provision. SECT. 4. And be it further enacted, That it shall be lawful for all turnpike corporations that may be established by law, whenever the road shall be sufficiently made, and so allowed and approved by the Justices of the Court of Common Pleas within said county where said road shall be situated, and they are hereby authorized to erect gates in such place or places as the said justices shall direct, to demand and receive of each traveller or passenger, at each of said gates, the following rates of toll, viz. For each coach, chariot, phaeton, or other four Tolls estabwheel spring carriage, drawn by two horses, twenty-five cents; lished. and if drawn by more than two horses, two cents for each additional horse; for every waggon drawn by two horses, ten cents; and if drawn by more than two, two cents for each additional horse; for every cart or waggon drawn by two oxen, ten cents; and if by more than two, twelve and a half cents; for every curricle, fifteen cents; for every chaise, chair, sulkey or other carriage for pleasure, drawn by one horse, twelve and a half cents each; for every cart, waggon or truck drawn by one horse, six and one quarter of a cent each; for every man and horse, four cents; for every sleigh or sled drawn by two oxen or horses, eight cents; and if drawn by more than two oxen or horses, one cent for each additional ox or horse; for every sleigh or sled drawn by one horse, four cents; for all horses, mules or neat cattle led or driven, besides those in teams or carriages, one cent each; for all sheep or swine, at the rate of three cents by the dozen: Pro- Commutation vided however, That the corporation may, if they see cause, of tolls allowcommute the rates of toll with any person or persons, or with any corporation, by taking of him or them a certain sum annually, to be mutually agreed on, in lieu of the toll aforesaid; and carts or waggons having wheels, the fellies of which shall be six inches broad or more, shall be subject to pay only half the toll which carts or waggons otherwise constructed shall be liable to pay. And all turnpike corporations shall erect in some conspicuous place where the toll is collected, exposed to view, a sign board, with the rates o toll of all tollable articles, ed. Penalty for injuring gates or roads, and for illegally evading tolls. Exemptions from toll. fairly and legibly written or printed in capital letters; and whenever said corporation shall neglect so to do, they shall not be entitled to demand or receive any toll at the said gate. SECT. 5. And be it further enacted, That if any person shall cut, break down, or otherwise injure or destroy any turnpike gate on any turnpike road hereafter established, or shall dig up or carry away any earth or gravel from such turnpike road, or in any other manner damage the same, or shall forcibly pass, or attempt to pass any such turnpike gate without having first paid the legal toll, with an intent to avoid the same, such person shall forfeit and pay a sum not exceeding fifty dollars, nor less than five dollars, to be recovered by the treasurer of the corporation to their use, in an action of trespass. And if any person, with his or her horse, team or cattle, shall turn out of such road, to pass any turnpike gate, with intent to avoid paying the toll, and again enter on the said road, such person shall forfeit and pay treble the toll which could have been payable at such gate, to be recovered by the treasurer of said corporation, to their use, in an action of trespass on the case. Provided however, That nothing in this Act shall extend to entitle any turnpike corporation hereafter established, to demand or receive toll from any person that shall be passing on foot, or with his horse or carriage, to or from his usual place of public worship, or from any person passing on military duty, or from any person residing in the town where the gate may be placed, unless they are going or returning from beyond the limits of said town, or from any person going to or from any grist mill, or on the common and ordinary business of family concerns. Penalty for de- SECT. 6. And be it further enacted, That if any turnlaying passen- pike corporation hereafter granted, their toll gatherer, or gers, or taking others in their employ, shall unnecessarily delay or hinder any illegal toll. traveller or passenger, or shall demand or receive more toll than is by law established, the said corporation shall forfeit and pay a sum not exceeding ten dollars, nor less than two dollars, to be recovered before any Justice of the Peace within the county where the offence is committed, by the person injured, delayed or defrauded, to his or her use, in a special action of the case; and all writs against any turnpike corporation shall be served on the treasurer of said corporation, or on some individual member thereof, living in the county where the of fence shall be committed, by leaving a true and an attested copy of the same with the said treasurer or individual member, at least fourteen days before the day of trial. And the said treasurer or individual member shall be allowed to defend the same suit in behalf of said corporation, and the said corporation shall be liable to pay all damages which may happen to any person from whom toll is demandable, for any damages which shall arise from defect of bridges or want of repair of said turnpike road; and also liable to presentment by a grand jury, for not keeping the same in good repair. SECT. 7. And be it further enacted, That where any turnpike road hereafter established shall intersect any former pub lic highway, it shall be the duty of the proprietors of such Case of interturnpike so to construct their road, that it shall be convenient secting a com and feasible for travellers to pass from such former public highway on to such turnpike, mon highway. estate. SECT. 8. And be it further enacted, That the shares in all Shares consiturnpike corporations shall be taken, deemed and considered dered personal to be personal estate, to all intents and purposes, and may be transferable, and the mode of transferring the said shares shall be by deed, acknowledged before any Justice of the Peace, and recorded by the clerk of said corporation, in a book kept for that purpose. bursements to SECT. 9. And be it further enacted, That every turnpike An account of corporation hereafter established shall, within six months from expenses, rethe time of erecting their gates, lodge in the Secretary's office ceipts and disan account of the expenses thereof; and each corporation shall be exhibited. annually, in the month of January, exhibit to the Governor and Council a true account of the income or dividends arising from said toll, with their necessary annual disbursements on the said road; and the books of all corporations shall at all times be subject to the inspection of the Governor and Council, and to the Legislature, when called for. SECT. 10. And be it further enacted, That whenever any pro- Shares of delinprietor of a share or shares, in any turnpike corporation here- quents to be after established, shall neglect or refuse to pay any tax or assess- sold; and the mode prescribment duly voted and agreed on by such corporation, to their ed. treasurer, within sixty days after the time set for the payment thereof, the treasurer of said corporation is hereby authorized to sell at public vendue the share or shares of such delinquent proprietor, sufficient to defray the said tax or assessment, and all necessary and incidental charges, after having given public notice in some newspaper printed in the county where the road lies, if any is printed therein, otherwise in some public paper printed in an adjoining county, with the sum due on each share, and the time and place of sale, three weeks successively, at least, before the sale. And such sale shall be a legal trans- Sale to be a fer of the shares so sold, to the purchaser, and on the purchaser legal transfer producing a certificate of such sale from the treasurer to the clerk of said corporation, with the name of such purchaser, together with the number of the share or shares so sold, shall be by the clerk entered on the books of the corporation; and such person shall be considered to all intents and purposes the proprietor thereof; and the overplus, if any there be, shall be paid by the treasurer, on demand, to the person whose share or shares were so sold. of shares. er, if SECT. 11. And be it further enacted, That the Legislature Corporations may dissolve any corporation hereafter established, after the may be dissolvexpiration of twenty years, or sooner, if it shall appear to their ed in twenty satisfaction that the income of said road shall have compensated demuifisuch corporation for all money they may have expended, in ed. purchasing lands for said road, and in making, repairing, and taking care of the same, together with twelve per centum by the year, and thereupon the property of said road shall be vested in the Commonwealth, and be at the disposal of the Legis Mode of pro lature Provided however, That if any corporation granted as aforesaid shall neglect to complete the road within five years from the date of the grant, the same shall be void. SECT. 12. And be it further enacted, That the first meeting of all turnpike corporations hereafter established shall be held at such time and place as shall be agreed on by a major part of the persons to whom the grant is made, for the purpose of choosing a clerk, who shall be sworn to the faithful discharge of the duties of his office, and such other officers as may be agreed on by said corporation, and may then, or at any subsequent meeting, establish such rules and regulations, as shall be judged necessary for the well ordering of the affairs thereof: Provided, That no such rules and regulations shall, in any manner, be repugnant to the Constitution and laws of this Commonwealth, and that said first meeting shall be notified, by publishing the same in some newspaper printed nearest to where the said road lies, at least two weeks before said meeting. SECT. 13. And be it further enacted, That whenever the ceeding when directors of any turnpike corporation heretofore established, it is wished to or which may hereafter be established by law, shall wish to reremove a gate. move a gate or gates, by such corporation then duly erected Mode of pro on the turnpike road of such corporation, it shall and may be lawful for such directors, or a majority of them, to petition the Court of Common Pleas, to be holden within and for the county where such gate or gates may be erected, praying for the removal of such gate or gates, and stating the reasons therefor; and thereupon it shall and may be lawful for the said court to nominate and appoint a commitee of three disinterested and sufficient freeholders, inhabitants of said county, whose duty it shall be, after being duly sworn to the faithful discharge of their trust, at the expense of the corporation, whose gate or gates are intended to be removed, to give notice to all persons interested, of their appointment, and the time and place of meeting, for the purpose of attending to the business of their commission, by advertising the same in such newspaper as the said court may order, ten days, at least, before the time appointed for such meeting; and also at the said time appointed, as aforesaid, to repair to the gate or gates mentioned in such petition, and after hearing all parties interested, to determine whether the said gate or gates shall be removed as prayed for, and report their said determination as soon as may be to the same court, who are authorized, if they should deem it it expedient, to order said gates to be removed and located according to the report of such committee. SECT. 14. And be it further enacted, That whenever any ceeding when turnpike road, hereafter granted, shall be suffered to be out of the road shall repair, the justices of the Court of Common Pleas, within and be out of re- for the county where the same road may lie, or a major part of them, or a committee to be appointed for that purpose by said justices, are hereby authorized to order the gate or gates of such corporation to be set open, said justices or their committee having previously notified the clerk of such corpora pair. tion of complaint having been made of the badness of such road, at least ten days previous to ordering such gate or gates to be set open; and immediately upon leaving such order in writing under the hands of said justices, or their committee, with the clerk of such corporation, the said gate or gates shall be opened, and no toll shall be legally demandable thereat, until the said justices or their committee shall grant a counter order. the land is to re-vest in the SECT. 15. And be it further enacted, That whenever any When a road is turnpike road, in whole or in part, shall be discontinued, the discontinued land over which such discontinued turnpike was laid, shall revest in the person or persons, their heirs and assigns, who were original ownowners thereof at the time such land was taken or purchased, ers, &c. for the purpose of making said turnpike, any conveyance of said land by deed to said corporation notwithstanding. [March 16, 1805.] Add. acts-1807 ch. 113: 1813 ch. 160: 1814 ch. 176: 1817 ch. 140. An ACT to incorporate certain persons as Trustees of an Academy, in the Town of Chap. 126. An ACT to incorporate certain persons for the purpose of building a Bridge over Chap. 127. An ACT to establish a Corporation by the name of The Brush-Hill Turnpike Chap. 128. Corporation. [March 16, 1805.] Add. act-1809 ch.56. An ACT establishing an Academy in the town of Bath, in the County of Lincoln, Chap. 129. by the name of Bath Academy. [March 16, 1805.] An Act to alter the Names of certain Persons therein mentioned. [March 16, Chap. 130. 1805.] An ACT providing for the Punishment of Incendiaries, and the Perpetrators of other Chap. 131. malicious Mischiefs. 4 Anne ch. 5. 1784 ch. 58. for burning a SECT. 1. BE it enacted by the Senate and House of Represen- Col. L. 1659. tatives, in General Court assembled, and by the authority of the same, That if any person shall wilfully and maliciously set fire to the dwelling-house of another, or to any out-building adjoin- Punishment ing to such dwelling-house, or to any other building, and by dwelling house the kindling of such fire, or by the burning of such other build- in the night, or ing, such dwelling-house shall be burnt in the night time, every assisting theresuch offender, and any person present, aiding, abetting or consenting in the commission of such offence, or accessary thereto, before the fact, by counselling, hiring or procuring the same to 1784 ch. 65. be done, who shall be duly convicted before the Supreme Judicial Court of either of the felonies and offences aforesaid, shall suffer the punishment of death. day time; or SECT. 2. Be it further enacted, That if any person shall Punishment for wilfully and maliciously burn, in the day time, the dwelling- burning a house of another, or any out-building adjoining to such dwell- house in the ing-house, or any other building whereby such dwelling-house any meetingshall be burnt; or if any person shall wilfully and maliciously house, courtset fire to any meeting-house, church, court-house, town-house, the night time. college, academy, or other building erected for public uses, or to the store, barn or stable of another within the curtilage of any dwelling-house; and by the kindling of such fire, such meeting-house, or other building erected for public uses, or house, &c. in |