Turnpikes.

estate.

SECTION 1. Shares in a turnpike corporation shall be personal estate; Shares personal and shall be transferred by deed acknowledged before a justice of the peace and recorded by the clerk of the corporation in a book kept by him for the purpose.

R. S. 39, § 10. 9 Pick. 80.

Corporations may erect gates,

&c., post rates of toll, &c.

R. S. 39, §§ 22,

27, 30, 31.
2 Mass. 143.
3 Pick. 342.

Gates, how removed.

R. S. 39, §§ 28,

29.

Rates of toll.

23, 24.

3 Greenl. 191.

SECT. 2. Such corporation may erect gates in such places as the County commissioners direct, but no gate where full toll is to be taken shall be erected within ten miles of any other gate on the same road, except in cases expressly authorized by the legislature; and no gate shall be erected on a county or town road previously established. At every gate where toll is collected, the corporation shall erect and keep exposed to view in some conspicuous place a sign-board with all the rates of toll fairly and legibly written or printed thereon in letters of a large size; otherwise it shall not be entitled to demand toll at said gate.

SECT. 3. When the directors of such corporation desire to remove a gate of its road, they may petition the county commissioners for permission so to do; who at the expense of the corporation shall give reasonable notice to all persons interested of the time and place of meeting for a hearing, by advertising the same in some newspaper fourteen days at least before the time appointed for such meeting. If they think it expedient they may view the premises either by themselves or by a committee appointed for the purpose; and after hearing all parties interested they shall determine whether the gate shall be removed as prayed for, and may order it to be removed accordingly.

SECT. 4. Such corporation may demand of each traveller or passenger R. S. 39, §§ 22, at each of the gates at which it is allowed to receive full toll, and at all other gates in the same proportion, the following rates of toll, namely: for each coach, chariot, phaeton, or other four-wheeled spring carriage drawn by two horses, twenty-five cents, and if drawn by more than two horses, two cents for each additional horse; for every cart or wagon drawn by two horses, ten cents, and if drawn by more than two horses, two cents for each additional horse; for every cart or wagon drawn by two oxen, ten cents, and if by more than two oxen, twelve and a half cents; for every cart or wagon drawn by more than four oxen or horses, two cents for each additional ox or horse; for every curricle, fifteen cents; for every chaise, chair, sulky, or other two-wheeled carriage for pleasure, drawn by one horse, twelve and a half cents; for every cart, wagon, or truck, drawn by one horse, six cents and one-quarter of a cent; for each wagon or carriage, with four wheels, drawn by one horse only, according to the following rates of toll: for every such carriage the body or seats of which are placed on springs and covered with cloth, canvas, or leather, and used for the conveyance of persons and personal baggage only, twelve and a half cents; for every such carriage without springs, six cents; and for all other carriages of four wheels drawn by one horse, for the conveyance of persons and personal baggage, that rate of toll which is the nearest to the mean sum, in cents, between the two rates of toll above specified, as established at each of such gates; 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.

Carts or wagons having wheels the felloes of which are six inches broad or more, shall be subject to pay only half the toll to which other carts or wagons are subject.

from payment of toll.

R. S. 39, §§ 25,

26.

4 Pick. 341.

The rates of toll may be commuted with any person. SECT. 5. No toll shall be demanded or received of any person pass- Who exempt ing on foot upon any occasion, or passing with his horse or carriage to or from his usual place of public worship, or on military duty, either on foot, horseback, or in a carriage; nor from any person residing in the town where the gate is placed, unless he is going or returning from beyond the limits of said town; nor from any person going to or returning from any grist mill, or on the common and ordinary business or concerns of the family. But any person passing a turnpike gate and claiming to be exempted by law from the payment of toll, shall, if required by the toll-gatherer, first declare to him his name and place of abode; and if for the purpose of avoiding the payment of toll he wilfully gives a false statement and thereby passes the gate toll free, he shall forfeit ten dollars to the use of the corporation for each offence. SECT. 6. Whoever, not exempt by law from paying toll, passes or attempts to pass a toll gate lawfully established, without first paying the legal toll and with intent to avoid paying the same; or with his horse, 33. team, or cattle, with like intent, turns out of any road on which such 4 Cush. 503. toll gate is so established, and again enters thereon; shall forfeit not exceeding twenty-five dollars for each offence.

Penalty for evading toll.

R. S. 39, §§ 32,

4 Pick. 341.

illegal toll.

SECT. 7. If such corporation, or its toll-gatherers, or any person in for exacting its employment, demands or receives of any person passing on its road, R. §. 39, §§ 38, more toll than is by law established, or unreasonably delays or hinders 39. any traveller or passenger from passing any of its gates or roads, it shall 1852, 312. forfeit a sum not exceeding fifty dollars, to be recovered by the person so injured, to his own use, in an action of tort.

SECT. 8. All loaded carts or wagons passing on a turnpike road and carrying more than forty-five hundred pounds, shall be drawn on wheels having each a felloe not less than three and a half inches wide; and whoever passes on such road with a cart or wagon so loaded and drawn on wheels having narrower felloes, shall pay the corporation three times the legal toll therefor.

for using

wheels contrary

to law.

R. S. 39, § 36.

&c.

SECT. 9. Every person passing on a turnpike road and driving or for false achaving the care of a loaded cart or wagon with wheels the felloes of count of weight, which are less than three and a half inches wide, shall upon the request R. S. 39, § 37. of the toll-gatherer give a true account of the weight of the load and also his name and place of abode; and if he refuses to declare, or wilfully misrepresents, the weight of his load, or gives a false account of his name or place of abode, with intent to defraud the corporation, he shall forfeit the sum of ten dollars for each offence.

for locking

shoe.

SECT. 10. Whoever driving or having the care of a loaded cart or wagon passing on a turnpike road, locks, chains, or fastens, any wheel of wheels without such cart or wagon, without putting under the wheel an iron shoe not R. S. 39, § 44. less than six inches wide and twelve inches long, shall for each offence forfeit a sum not exceeding twenty dollars.

gates.

SECT. 11. Whoever, except in the opening or making of a highway, for opening opens or makes any road or passway leading from a turnpike road, and road to avoid reunites said road or passway with such turnpike road, or with any R. s. 39, $5 34, road connected therewith, for the purpose of avoiding or aiding others 35. to avoid a gate on the turnpike road, shall forfeit to the use of the corporation a sum not exceeding one thousand dollars.

SECT. 12. When a person liable to the payment of toll sustains an injury by reason of a turnpike road being insufficient or out of repair, the corporation owning the road shall be answerable for such injury, and

Corporation lia

ble for defects. Exception.

R. S. 39, § 42.

1838, 104.

4 Pick. 341. 2 Gray, 68.

Fines, how ap-
plied.
R. S. 39, § 41.

Commissioners may lay out turnpikes as

18.

also liable to indictment for such insufficiency and want of repair; but such corporation shall not be liable for damages to any person whose carriage and load exceed the weight of six tons.

SECT. 13. All fines imposed on a turnpike corporation for neglecting to repair its road shall be appropriated to that purpose. The court imposing a fine shall appoint a suitable agent so to apply it, who shall receive the same of the officer having the warrant for collecting it, and make return of his doings therein to the court, according to the order. The receipt of such agent upon the warrant shall be a sufficient discharge to the officer.

SECT. 14. When such corporation makes application to the county commissioners to permit it to relinquish its franchise as to the whole or highways 16, part of its road which it is bound to support within their jurisdiction, requesting that the same may be laid out as a common highway; or when the commissioners on application determine that the common convenience and necessity require such road to be laid out as a common highway; they may with the assent of the corporation so lay out the same or any part thereof, and make alterations therein; proceeding in all respects in conformity with the provisions of chapter forty-three respecting the laying out of highways.

1845, 209, § 1. 18 Pick. 486. 8 Cush. 360.

SECT. 15. The commissioners upon such taking may allow such damages as they think reasonable to the corporation, to be paid out of the county treasury, and they may order a part of such damages, not exceeding one-third thereof, to be refunded to the county treasury by the cities and towns through which the road passes, at such times as they direct. In apportioning the proportions to be paid by each, they shall have regard to the length of way in each, and the advantages to be derived to it.

If a city or town refuses or neglects to pay its proportion, the same proceedings may be had to enforce the payment as are provided in case of expenses of making highways by the commissioners where cities or towns neglect to make the same.

In the assessment of damages there shall be allowed to persons injured such damages only as they would be entitled to beyond the damages they would have sustained by the continuance of the turnpike road, taking into consideration any advantage which may accrue in consequence of making the same a highway.

SECT. 16. When a turnpike road or part thereof is established as a highway, all the rights, privileges, duties, and obligations, of the corporation, so far as they relate to that part of the road, shall cease; and when any such road is discontinued in whole or in part, the land over which the part discontinued was laid shall revest in the persons, their heirs and assigns, who were owners thereof at the time it was taken or purchased for the purpose of making such road; any conveyance thereof by deed to the corporation notwithstanding.

SECT. 17. Every such corporation established subsequently to the sixteenth day of March in the year one thousand eight hundred and five, shall annually in January exhibit to the governor and council a true account of the income or dividends arising from its tolls, together with its necessary disbursements for the year; and the books of the corpora tion shall at all times be subject to the inspection of the governor and council and the legislature.

SECT. 18. When the road of any such last mentioned corporation is suffered to be out of repair, and complaint is made to the commissioners, and a sufficient recognizance given to the county with sureties to the satisfaction of the commissioners for the payment of all costs and expenses which may arise by reason of the proceedings thereon if the complainant does not prevail, they may, after giving at least fourteen days' notice of said complaint to the president or clerk of the corpora

tion, order that the gates be set open; and may order the costs and expenses to be paid by the corporation, and issue a warrant for the collection of the same. When an attested copy of such order is left with the president or clerk, the gates shall be set open immediately, and no toll shall be demanded until the commissioners revoke said order.

SECT. 19. The legislature may at any time dissolve any such last May be dismentioned corporation.

CANALS.

solved.
R. S. 39, § 14.

certificate to

Penalty.

SECT. 20. The master or conductor of every boat laden with goods, Master of canal wares, or merchandise, which enters the waters of a canal to be carried boat to exhibit thereon, shall exhibit to the collector of tolls a certificate signed by collector. such master or conductor, wherein shall be set forth the name of the Blank certifiowner of the boat, the name of the place to which it is destined, and cates to be furthe quantity or weight of the respective articles laden on board; therein R. S. 39, §§ 88, distinguishing each article, as to quantity or weight, according to the 89, 92. amount of toll which the same is liable to pay.

If the conductor or master neglects or refuses to exhibit such certificate, or if he knowingly, and with intent to defraud said proprietors, makes or delivers a false certificate of the kind or quantity of goods, wares, or merchandise, laden on board such boat, he shall forfeit to the proprietors of the canal one hundred dollars.

The proprietors shall prepare the proper blank forms of certificates of loading; and the masters and conductors of boats shall be entitled to use them without expense.

nished.

R. S. 39, § 90.

be weighed.

paid.

SECT. 21. Whoever, knowingly and with intent to defraud the pro- Penalty for prietors of a canal, makes or causes to be made any false statement of false statement. the quantity or quality of goods, wares, or merchandise, laden or to be laden on board of a boat used on such canal, shall forfeit one hundred dollars. SECT. 22. When the collector of tolls on a canal thinks proper to Collector may have the loading of a boat weighed in order to ascertain the amount of require load to toll payable therefor, he may detain such boat, and cause the goods, Cost by whom wares, and merchandise, laden on board, to be weighed; and if it is R. S. 39, §91. found that the loading is greater than the quantity stated in the certifi- 1852, 312. cate, the master or conductor of the boat, in addition to the penalty hereinbefore provided, shall pay the costs and charges of unloading, weighing, and reloading such goods, wares, or merchandise; but if it is found that the quantity is not greater than is stated in the certificate, the proprietors of the canal shall pay all such costs and charges, and reasonable damages for the detention of the master or conductor, and the persons employed in such boat, to be recovered in an action of tort against said proprietors.

BRIDGES.

SECT. 23. If any person having the care of a drove of neat cattle or Limitation of horses, and driving the same over a turnpike bridge, or toll bridge, at liability of corporation. one and the same time and without the consent of the toll-gatherer or R. S. 39, § 43. other agent of the corporation owning such bridge, permits more than 1840, 69. twenty neat cattle or horses to be upon such bridge, the same being more than fifty feet in length from one abutment, pier, or trestle part, to another, or if any person drives or transports over such bridge, without such consent, a loaded cart, wagon, or other carriage, the weight of which exceeds forty-five hundred pounds, exclusive of the team and carriage, and thereby breaks or injures such bridge, the corporation owning the same shall not be liable for any loss or injury occasioned thereby to the owner of such cattle or other things.

SECT. 24. No corporation shall be liable in damages for a deficiency Same subject.

1838, 104.

Penalties, how
recovered.
R. S. 39, § 94.
1852, 312.

in its bridges, to any person whose carriage and load thereon exceed the weight of six tons.

PENALTIES.

SECT. 25. All penalties and forfeitures accruing to such a corporation under the provisions of this chapter, may be recovered in an action of tort in the name of its treasurer.

28. Application for damages by owners of pri- 54. Commissioners may decide upon necessity