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5. Trustees. ances thereunto respectively belonging; and the materials of which the
same shall consist, and all materials, tools, and implements which shall 3 Geo. 4, c. 126.
be provided for repairing the said roads, and the scrapings of the sail Scrapings of roads.
roads, shall be vested in the trustees or commissioners acting in porsuance of such act for the time being, and they are hereby authorized
and empowered to apply and dispose of the same as they shall think it, Actions may be and to bring, or cause to be brought, any action or actions, and to pre brought in nane
fer and prosecute, or order and direct the preferring and prosecuting i of clerk (a).
any informations or indictments, against any person or persons who shall dig up, break, or pull down, steal, take, or carry away, spol. destroy, injure, or damage any of the toll gates, or toll houses, weighin: machines, or other erections or buildings, lamps, bars, toll boards, dire: tion boards, mile stones, posts, rails, fences, and other things, of an of the conveniences and appurtenances thereto belonging, or any of the
tools, implements, or materials aforesaid, or shall interrupt them, the Property may be said trustees or commissioners, or any of their officers, in the posso14 described as the clerk's.
thereof, in all which proceedings it shall be sufficient to state generals such articles to be the property of the clerk for the time being to the
said trustees or commissioners.” Sale of toll houses, The 57th, 58th, and 59th sections of the 4 Geo. IV. c. 95, relate to the
sale and disposal of unnecessary toll houses and property vested in
trustees, &c. See the sections, post, 730, 738. Tolls.
By 9 Geo. IV. c. 77, s. 16, the tolls to be collected on any turnpike
road are to be vested in the trustees. (See post, 708). Minerals under By 7 & 8 Geo. IV. c. 24, s. 18, “ All mines of iron, tin, lead, copper road to belong to
coal, and other minerals whatsoever, which shall be discovered or fordi original propri
in or under any land to be used for any turnpike road, shall be, and in are hereby reserved to the person, body politic, corporate, or college who would have been seised of, or entitled to the same, in case thes for making such road had not been passed, with liberty for him or :) agents or servants to dig for, mine, and work the same in such mana as is usual for carrying on works of that kind in the county, district, place where such mines shall be found, in as full and as ample a Din as if the said land had not been taken and appropriated for the pu.posc aforesaid, so that in the working thereof no damage shall be due » such road, or any part thereof."
This provision is only an affirmance of the common law; the fronteres of the road, (subject to the right of way), and the mines under 1.5 vested in the owner of the soil, who may maintain actions against passers, &c. (1 Roll. Ab. 392; 1 Price, 143; Lofft, 358; Lader. herd, 2 Stra. 1004; Goodtitle v. Alker, 1 Burr. 133; Harrison v. Parto,
6 East, 154 ; ante, 511). Rights of pastur See the 4 Geo. IV. c. 95, s. 75, where provision is made for the pa
servation of the rights of pasturage along the sides of turnpike rosa post, 749.
5. TRUSTEES' POWERS IN GENERAL. Trustees' general To state all the powers of the trustees would be to repeat nearly
the provisions of the turnpike acts, which will be found dispers throughout this title. The reader must be satisfied with a reference thereto.
Trustees, as we have seen, (ante, 642), are appointed under local statutes which have but a temporary existence, and an order, therefore, made by them would, unless otherwise enacted by statute, cease to be
effective at the expiration of the term of the act; but a permanent effects Bonds, contracts,
given to their acts, by 9 Geo. IV. c. 77, s. 11, which enacts, “That all &c., to remain in
conveyances, bonds, covenants, agreements, contracts, and securities made
(a) As to this provision, see further 3 Geo. IV, c. 126, s. 74, post, 608, BD cases there collected.
entered into by any person or persons, to or with the trustees for carry- 5. Trustees.
any local turnpike act into execution, or by any other person or isons, on behalf of the said trustees, according to the provisions of
of 9 Geo. 4, c. 77.
full force notwithy such act, shall remain in full force and effect, notwithstanding the standing the repiration or repeal of such act, and shall be and continue available in peal of any act. courts, and before all judges and justices having jurisdiction, as the e may require, until the same are fully satisfied and performed, on count and for the benefit of the trust to be created by any subsequent t for maintaining the same turnpike road or any part thereof." By the 9 Geo. IV. c. 77, s. 12, (post. 742), the trustees under any cal act may receive in and cancel mortgages granted under the trusts La former act, &c.
MEETINGS OF TRUSTEES, WHEN TO BE HELD. PROCEEDINGS AT, &c. Meetings of trusBy the 3 & 4 Vict. c. 39, after reciting the 70th section of the 3 Geo. IV. 126, and that “the said recited provisions have been found inadequate the purposes intended to be provided for, and it is expedient that ore ample provision should be made,” the said recited section is realed, and it is enacted “That where a sufficient number of the trustees Where sufficient [ commissioners of any turnpike road shall not meet on the day ap- number do not
attend on day apointed by any such act or acts respectively for their first meeting, or pointed for first hall not meet on the day appointed by adjournment for their meeting, meeting of trus
tees, what to be ir for want of a proper adjournment, by which means, or by some or done." ne of them, the intent of the said act or acts may be frustrated, in all reither of the said cases it shall be lawful for so many of the said rustees or commissioners as shall meet, or the major part of them, or in ise no such trustee or commissioner shall be present, for their clerk or erks, or in case of the death, resignation, absence, incapacity, neglect, refusal of such clerk or clerks, for any five or more of such trustees commissioners to cause notice in writing to be affixed on all the turnke gates which shall be then erected on the said respective roads, or if 3 turnpike gate shall then be erected to cause the like notice to be bised in the most conspicuous place in one of the principal towns or laces nearest to which the roads directed to be repaired do lie, and also some public newspaper circulated in the county in which the road all be situate, at least ten days before the intended meeting, appointing ch trustees or commissioners to meet at the place where the preceding eeting was appointed to have been held, or at the place directed for Je first meeting of such trustees or commissioners, if no such preceding Meeting shall have been held; and the said trustees or commissioners, then met in pursuance of such notice, shall and may and they are ereby required to proceed and carry such act or acts into execution in le samne and in as ample and full a manner to all intents and purposes they might or could have done if no such neglect had happened." Stat. 4 Geo. IV. c. 35, reciting that "it has happened that the Where trustees ustees or commissioners appointed to carry into execution any act or ca
day appointed for its of Parliament have not been able to meet on the day appointed by their first meeting, act or acts for carrying the same into execution, by reason that the day being an
tecedent to the de day appointed for such meeting has been antecedent to the passing passing of the act, such act or acts, whereby the intent of such act or acts hath been or any three of such
trustees may meet Qay be frustrated:” for remedy whereof, enacts, “That in all cases on fourteenth day e the trustees or commissioners appointed by any act or acts of after passing of
act. llament have not been or shall not be able to meet on the day apated for their first meeting by any such act or acts, by reason that * day appointed for such meeting has been or shall be antecedent to de passing of such act or acts, it shall and may be lawful for three or ne of the said trustees or commissioners appointed to execute such act
s to meet at the place appointed by such act or acts for the first ing of such trustees or commissioners, on the fourteenth day after e passing of such act or acts, or of this act; and every such meeting
5. Truth. shall be as good, raid, ad efecteal as if such trustees or commissionen
bad met in persuance of the set of acts of Parliament which they are appointed to carry into execution."
By 3 Geo. IV. c. 126, s , - All trustees and commissioners of every turnpike red or needs shall, and they are hereby required to hold a general meeting of the trest for which they shall respectively act, on a day to be by thens, or any three or more of them, appointed, in the Donths of April, September, or October; faltered by 3 & 4 Will. IV. c.), s. 2, to on or before 25th March, infra; of which meeting twentycoe days notice shall be given, by inserting the same in some net: peper or Derspepers usually circulating in the county or counties in which the red or res, in respect whereof such meeting shall be hell lie or are situated, which said meeting shall be called or known as The General Annual Meeting of the Trustees or Commissioners; and at sech IDeeting the trustees or commissioners assembled, shall elect a chaitinan for the purposes thereof, and shall also audit their accounts, and report the state of the road or roads under their care and superintendence."
By 3 & 4 Wil IV. e. 80, s. 2, “From and after the expiration of the present year, the trustees and commissioners of every turnpike road shall hold their general annual meeting on or before the 25th day March in every future year, and not at any other time, any thing in the
said recited acts, or in either of them, to the contrary notwithstanding Trases y bold By 4 Geo. IV. e. 95, s. 39, “ The trustees or commissioners for ex.
ecuting any act for making or maintaining any turnpike roads shar they the proper.
and may from time to time meet at such time and place on or near their
respective roads as to them shall seem convenient, and may adjon and may adjour themselves to meet at any place or places, and at such time or times, s
the said trustees or commissioners, or the major part of them present Expenses of such any meeting shall appoint; and at all their several meetings the tristes meetings
or commissioners shall pay and defray their own expenses, except 57
sum not exceeding ten shillings per diem for the use of the room whercia Orders at
they shall meet; and all orders and determinations of the trustees commissioners in the execution of any such act shall be made at a ings to be held in pursuance thereof, or of the said recited act (3 Geo. Il. c. 126] and this act, and not otherwise ; (except in the cases others particularly provided for by the said recited act or any such as making or repairing turnpike roads); and that no order or determinat tion shall be made unless the major part of the trustees or commises present shall concur therein ; and that all acts, orders, and proceed relating to any such act, or the said recited act and this act, which is directed to be had, made, done, or exercised by or before the said trest or commissioners, and all the powers and authorities vested in the generally, shall and may be had, made, done, and exercised by to major part of the trustees or commissioners who shall be present att respective meetings to be held by virtue of any such act or this act, to whole number present not being less than three; (except in such cas where any other number is by any local act, or the said recited act, this act, named for any particular or special purpose); and that all se orders, or proceedings had, made, or done, by or before such thao trustees or commissioners, shall have the same force and effect, and binding and conclusive on all persons, and to all intents and purpos whatsoever, as fully and effectually as if the same were had, made, don
or executed by or before all the said trustees or commissioners; and th Chairman.
a chairman shall and may in the first place be appointed at every met ing to be held by virtue and for the purposes of any such local act,
the said recited act, and this act, who in case of an equal number Voles,
votes (including the chairman's vote) shall have the casting or decis Orders, how re
vote; and that no order or determination at any meeting of the si voked.
trustees or commissioners, once made, agreed upon, or entered into, sha be revoked or altered at any subsequent meeting, unless notice of th intention to make such revocation or alteration shall have been given by hree or more trustees or commissioners, by writing under their hands, 5. Trustees. o the clerk to the said trustees or commissioners, at a previous meeting lolden for the same road, and entered in the book of proceedings of such
4 Geo. 4, c. 95. neeting, and unless notice signed by any two or more trustees or comnissioners shall have been affixed on all the turnpike gates then erected pon such road, twenty-one days at least before such meeting, nor inless such revocation or alteration shall be agreed to be made by a Teater number of trustees or commissioners than concurred in the making of any such order or determination: Provided always, that Proviso as to ex. nothing herein contained, prohibiting or restraining trustees from ex- pense of rooms. pending more than ten shillings per diem for the use of the room wherein they shall meet, shall extend to the trustees or commissioners of any road within five miles of the Royal Exchange in London; but such lastmentioned trustees or commissioners may expend any sum not exceeding 20s. for the use of such room.”
See post, 671, as to this section being taken in conjunction with sect. 13 of the above act.
Sect. 41. “If at any time it shall be thought necessary, for the better How meetings on xecution of any act of Parliament for making or maintaining any turn- hagen pike road, that the trustees or commissioners of such road should meet before the time to which any meeting may be adjourned, it shall and may be lawful for any two or more of such trustees or commissioners (or for the clerk to the said trustees or cominissioners, by an order in writing, signed by one or more of them) to give notice of such earlier meeting by advertisement in some newspaper circulated in the neighbourhood of such road, and affixed on all the turnpike gates then standing in such road; in which notice shall be expressed the time, place, and yurpose of such earlier meeting; (such time not being less than fourteen lays after publication of the said notice); and all the orders and deterninations of the trustees or commissioners, at all such meetings, shall be as valid as if the same had been done at any other meeting of trustees Ir commissioners held by virtue of the said recited act or this act, or the act under and by virtue of which they shall act as trustees or commissioners; Provided always, that no other business than what shall be specified in auch notice shall be transacted at any such meeting.”
See infra, as to the proceedings of the trustees or commissioners, toether with their names, being entered in a book to be kept for that агроѕе.
See, also, as to statements of debts, &c. being laid before annual meetings, and as to clerks to trustees preparing estimates for annual meetings, post, 663, &c.
T. Books OF ACCOUNT TO BE KEPT, AND WHAT TO BE ENTERED
THEREIN, &c. By 3 Geo. IV. c. 126, s. 72, “All orders and proceedings of the trus- Proceedings to be ees or commissioners of every turnpike road, together with the names of entered in books,
which shall be he trustees or commissioners present at every meeting, shall be entered open for inspecn a book or books to be kept by the clerk to the said trustees or com- tion. Dissioners for that purpose, and be signed by the chairman of (a) the meeting or meetings at which such orders or proceedingsshall be from time to time made or had; and that such book or books shall be open at all beamonable times to the inspection of any of the trustees or commistoners, without fee or reward; and such orders and proceedings so entered and signed by the chairman of (a) such meeting or meetings as
@) See Southampton Dock Company Rickards, 1 Scoit's N. R. 219, where the directors under a dock act were Tequired to keep a regular minute and
y of the orders and proceedings at was meeting of the directors, which
as to be signed by the chairman at
each respective meeting; and it was held, that a signature by the chairman at a subsequent meeting at which the minutes of the former meeting were read over and confirmed was a sufficient compliance with the act.
5. Trustees. aforesaid, shall be deemed and taken to be original orders and proceed.
ings; which said book or books, as well as the book or books in which 3 Geo. 4, c. 126.
the oath or affirmation directed to be taken by the said trustees or conmissioners shall be entered, and also the book or books directed to be kept for registering mortgages and assignments, and all entries in such books respectively, shall and may be read in evidence in all court whatsoever, in all cases of appeal, and in all prosecutions, suits, and a
tions whatsoever.” (See post, 762). Books of account Sect. 73. “ The trustees and commissioners of every turnpike road to be kept, and to
shall, and they are hereby required from time to time, and at all times, be open to inspec. tion of trustees to order and direct a book or books to be provided and kept by their ani creditors. clerk for the time being; in which book or books such clerk shall enta,
or cause to be entered, true and regular accounts of all sums of money te ceived, paid, laid out, and expended, foror on account of the road for which such clerk shall act, and of the several articles, matters, and things fer which sums of money shall have been disbursed, laid out, and paid; and such book or books shall, at all seasonable times, be open to the inspettion of the said trustees or commissioners, or any creditor or creditor on the tolls collected and taken on the road to which such books relate, without fee or reward; and the said trustees, or commissioners and crie ditors, or any of them, shall or may take copies of or extracts from the said book or books or any part or parts thereof, without paying any
thing for the same; and the said book or books shall be produced by Penalty on re the said clerk at all meetings of the said trustees or commissioners; and fusing inspection.
in case any clerk shall refuse to permit, or shall not permit any of the said trustees or commissioners, or any such creditor, to inspect any sach book or books, or to take such copies or extracts as aforesaid, or in 01 such clerk shall refuse or neglect to produce such book or books, at ay meeting of the said trustees or commissioners, such clerk shall fored and pay any sum of money not exceeding five pounds, to be levied and applied in the same manner as other penalties are hereby directed to be levied and applied," (by sect. 141, post, Sect. XV.)
See also the provisions of the 9 Geo. IV. c. 76, s.2, as to the entrs being open to inspection, and the penalty for not granting it; as also such entries being evidence, (post, Sect. XVII.)
A local turnpike act directed that the trustees should keep backa in which they should enter their accounts, and also their orda al proceedings; and that all persons should have access to such as By a subsequent local act it was directed that the trustees shonlike a book in which they should enter their accounts, which book shoes be open to the inspection of the trustees or of any creditor on the told The general Turnpike Act 3 Geo. IV. c. 126, s. 73, supra, re-enacted t latter provision as to all turnpike road accounts; and sect. 72, care directs that all trustees of turnpike roads should keep a book of the orders and proceedings, which should be open to the inspection of any the trustees, and should be read as evidence in courts as there direer That act also provides, that the enactments therein contained shall e tend to all other turnpike acts, except where by that act it is otherwis ordered :-Held, that these clauses of the general and of the second lock act superseded the provisions of the original act, and limited the powe of inspection at first given to the whole public, confining it to trusteel and to trustees and creditors in the respective cases of orders and ad counts. (R. v. Trustees of North Leach and Witney Roads, 5 B. & Adel 978).
To ground an application for a mandamus to inspect books, quere whether it is sufficient to shew that the party entitled to inspect de manded liberty to do so, that his claim was disputed, but inspection offered him as a favour, and that he refused to accept it otherwise than as a right. (Per Denman, C. J., S.C.)
It may be useful to state the following case here :-By statute incorporating a canal company, the affairs of the company were to be a naged by a committee, who were authorized to appoint a clerk for bele