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5. Trustees.

3 Geo. 4, c. 126.

Books of account

be open to inspec

tion of trustees

and creditors.

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 the oath or affirmation directed to be taken by the said trustees or con missioners shall be entered, and also the book or books directed to kept for registering mortgages and assignments, and all entries in sud books respectively, shall and may be read in evidence in all count whatsoever, in all cases of appeal, and in all prosecutions, suits, and tions whatsoever." (See post, 762).

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Sect. 73. "The trustees and commissioners of every turnpike re to be kept, and to shall, and they are hereby required from time to time, and at all tim to order and direct a book or books to be provided and kept by th clerk for the time being; in which book or books such clerk shall en: or cause to be entered, true and regular accounts of all sums of money fe ceived, paid, laid out, and expended, for or on account of the road forwa such clerk shall act, and of the several articles, matters, and things which sums of money shall have been disbursed, laid out, and paid; such book or books shall, at all seasonable times, be open to the ir. tion of the said trustees or commissioners, or any creditor or on the tolls collected and taken on the road to which such booksma without fee or reward; and the said trustees, or commissioners and de ditors, or any of them, shall or may take copies of or extracts from said book or books or any part or parts thereof, without payin thing for the same; and the said book or books shall be produce the said clerk at all meetings of the said trustees or commissioners; in case any clerk shall refuse to permit, or shall not permit any of t said trustees or commissioners, or any such creditor, to inspect any book or books, or to take such copies or extracts as aforesaid, or is e such clerk shall refuse or neglect to produce such book or books, &meeting of the said trustees or commissioners, such clerk shall for and pay any sum of money not exceeding five pounds, to be levied applied in the same manner as other penalties are hereby directed t levied and applied," (by sect. 141, post, Sect. XV.)

Penalty on refusing inspection.

See also the provisions of the 9 Geo. IV. c. 76, s. 2, as to the ent being open to inspection, and the penalty for not granting it; as a such entries being evidence, (post, Sect. XVII.)

A local turnpike act directed that the trustees should keep in which they should enter their accounts, and also their in proceedings; and that all persons should have access to such By a subsequent local act it was directed that the trustees shou a book in which they should enter their accounts, which book be open to the inspection of the trustees or of any creditor on the The general Turnpike Act 3 Geo. IV. c. 126, s. 73, supra, re-enacte latter provision as to all turnpike road accounts; and sect. 72, directs that all trustees of turnpike roads should keep a book of orders and proceedings, which should be open to the inspection of the trustees, and should be read as evidence in courts as there dire That act also provides, that the enactments therein contained shall tend to all other turnpike acts, except where by that act it is othe ordered-Held, that these clauses of the general and of the second act superseded the provisions of the original act, and limited the po of inspection at first given to the whole public, confining it to tr and to trustees and creditors in the respective cases of orders and counts. (R. v. Trustees of North Leach and Witney Roads, 5 B. 978).

To ground an application for a mandamus to inspect books, whether it is sufficient to shew that the party entitled to inspect manded liberty to do so, that his claim was disputed, but inspe offered him as a favour, and that he refused to accept it otherwis as a right. (Per Denman, C. J., S. C.)

It may be useful to state the following case here:-By statute porating a canal company, the affairs of the company were to be naged by a committee, who were authorized to appoint a clerk for

ter carrying into execution the purposes of the act. The committee 5. Trustees. were required to enter in books an account of their disbursements, receipts, and transactions, and the books were to be open at all seasonable 3 Gen. 4, c. 126. times to the inspection of the proprietors. A proprietor applied to the clerk for an inspection of the books which were under his charge. The clerk said he would refer the demand to the committee. The proprietor attended the committee, and there repeated his request; and the chairman said they would take time to consider it. Ten days afterwards the proprietor applied again to the clerk, who refused the inspection. On motion for a mandamus to the company to allow inspection of the books:-Held, that there had been no sufficient refusal by the committee to warrant the application:-Semble, that a party applying for a mandamus to give inspection of such documents, ought to shew that when he demanded the inspection, he stated the object for which he wanted it. (R. v. Wilts and Berks Canal Company, 3 Åd. & E. 477).

8. ANNUAL STATEMENT OF DEBTS, &C. TO BE MADE OUT, AND TO BE TRANSMitted to the Secretary of State, &c.

6

counts to Secre

By 3 & 4 Will. IV. c. 80 (a), intituled "An act requiring the an- Annual statement nual statements of trustees or commissioners of turnpike roads to be trans- of debts and acmitted to the Secretary of State, and afterwards laid before Parliament," tary of State. (28th August, 1833), after reciting that "An act was passed in the third year of the reign of his late Majesty, intituled 'An Act to amend the general laws now in being for regulating turnpike roads in that part of Great Britain called England,' by which it was enacted, that all trustees and commissioners of every turnpike road or roads should hold a general meeting of the trust for which they should respectively act on a day to be appointed in the months of April, September, or October in every year, which said meeting should be called or known as the general annual meeting of the trustees or commissioners,' and at such meeting the trustees or commissioners assembled should elect a chairman for the purposes thereof, and should also audit the several accounts of the said trusts, and report the state of the roads under their care and superintendence, and as soon as such accounts should be allowed and signed, the clerk to the trustees or commissioners holding such meeting should forthwith make out a statement of the debts, revenues, and expenditure received or incurred on account of the trust for which the meeting should be held, in the form contained in the schedule annexed to the said act, which said statement should be submitted to the trustees or commissioners assembled at such meeting, and when approved by the majority of them should be signed by the chairman of the said meeting, and should within thirty days thereafter be transmitted to the clerk of the peace of the county in which the road or the major part thereof to which the said statement related should lie; and it was further enacted, that on such statement being received by the said clerk of the peace he should produce the same to the justices assembled at the quarter sessions to be held next after the receipt thereof, and that such statement should also be registered and kept amongst the records of the quarter sessions of the county for which such clerk of the peace should act; and whereas another act was passed in the fourth year of the reign of his said late Majesty, intituled An Act to explain and amend an act passed in the 4 Geo. 4, c. 95, third year of the reign of his present Majesty, to amend the general laws now s. 42. in being for regulating turnpike roads in that part of Great Britain called England, by which it was enacted, that where by any act of Parlia

(a) This act is founded upon the report of the committee of the House of Lords made in 1833, and the object of the accounts required by it is evidently to enable Parliament to decide upon the practicability and propriety of following

up the further recommendation of the
committee by consolidating the different
trusts, and establishing a system of ge-
neral control. (Bateman's Turnpike
Acts, 140).

5. Trustees.

3 & 4 W. 4, c. 80.

Clerk of trustees

to transmit copies of all past annual statements of debts, &c., under

3 Geo. 4, c. 126, to

Secretary of State within a certain time.

Regulating time

for making out annual statement of debts, &c.

Clerks to prepare estimates for annual meetings.

Secretary of State

ment a general annual meeting of the trustees acting in execution of
such act should be appointed to be held at any other time of the ye?
than in the said months of April, September, or October, and the su
trustees should have held such meetings under the authority of sues
act, it should be lawful for such trustees to continue to hold the said
general annual meetings at the time mentioned and directed in the a
by virtue of which they should be appointed, instead of in the sa
months of April, September, or October, any thing in the said first re
cited act contained to the contrary notwithstanding: and whereas i
expedient that such annual statements should be transmitted to one
his Majesty's principal Secretaries of State, for the purpose of be
revised, and afterwards laid before both Houses of Parliament; and
the sake of one uniform system it is also expedient that provisions sh
be made in respect to the time for holding such general annual e
ings:" it is enacted, "That the several and respective clerks to the s
trustees or commissioners holding such annual meetings respectively a
aforesaid, shall within thirty days from the passing of this act train
to one of his Majesty's principal Secretaries of State for the time
copies of all such annual statements so already sent by them respe
to the clerks of the peace as aforesaid, and shall also transmit to
his Majesty's principal Secretaries of State for the time being copies
all such general annual statements for any future year or years
rected to be transmitted to the clerks of the peace as aforesaid, wh
thirty days after the same shall have been so approved and signe
aforesaid; and if any such clerk to the said trustees or commission
shall refuse or neglect to transmit such copies of such annual “
ments within the time herein before prescribed for that purpose, the
in every such case every such clerk so offending shall for every s
offence forfeit any sum not exceeding 107. nor less than 57., at the
cretion of any justice or justices of the peace before whom complai
such offence shall be made."

Sect. 3. "The annual statement of the debts, revenues, and exp
ture of every turnpike trust so as aforesaid required by the said
act of the third year of the reign of his said late Majesty, and als
this act, to be made out by the clerk and surveyor to the truste
commissioners holding such general annual meeting, and subm
the trustees or commissioners then assembled, shall, for the
be made out from the date of the last annual statement of the year! -
until the 31st day of December, 1833, according to the form o
in schedule (A.) (a) annexed to this act; and that in all future
such annual statements shall be made out of the debts, revenues.
expenditures received or incurred on account of the trust for which
meeting shall be held between the 1st day of January and the 31
of December of the year preceding the year in which such meeting
be so held, and according to such schedule."

Sect. 4. "The several and respective clerks to the said trastes commissioners shall cause to be prepared and laid before such p annual meetings of the trustees and commissioners respectively, esta made out in the form contained in the schedule (B) (b) to this a nexed, of the probable expenditure of their respective trusts for the rent year, from the 1st day of January preceding such meeting 31st day of December following; and if any such clerk shall ref neglect to prepare and lay before such general annual meeting estimate as aforesaid, every such clerk so offending shall for every offence forfeit any sum not exceeding 107. nor less than 57., at the d tion of any justice or justices of the peace before whom compla

such offence shall be made."

Sect. 5. "Such Secretary of State for the time being shall yearly

(a) See form, No. 65.

(b) See form, No. 66, post.

every year cause such annual statements so transmitted to him to be revised and abstracted, and shall cause such abstracts to be laid before both Houses of Parliament, together with any observations he may think proper with respect to the state, condition, and repair of the roads or any of them, or with respect to the debts, revenues, expenditure, and management of any of such turnpike trusts."

Sect. 6. "To enable such Secretary of State for the time being to elucidate such annual statements, and to make such abstract, and prepare such report and observations for both Houses of Parliament, it shall be lawful for such Secretary of State for the time being to inquire into the state of the several turnpike trusts whose annual statements shall be so as aforesaid transmitted, and ascertain the amount of the annual income and expenditure of such several trusts, and also to inquire into the method in which the roads under the charge of such trusts are maintained and repaired; and for the purposes aforesaid it shall be lawful for such Secretary of State for the time being to summon before him any sureyors, treasurers, clerks, or other officers employed by the trustees or ommissioners in respect of the said roads; and the said surveyors, treaurers, clerks, and other officers shall, if required, produce all books of ccount, plans, maps, papers, documents, and writings in their possession respectively, and shall permit any person appointed by such Secretary of State for the time being to inspect, examine, and take copies or extracts from the same or any or either of them; and if any such surveyor, treasurer, clerk, or other officer shall refuse or neglect to attend any such summons, or refuse or neglect to give a full and satisfactory nswer to any question which he shall be by such Secretary of State or the time being required to answer, or shall refuse or neglect to prouce any book of account, plan, map, paper, document, or writing in is possession relating to the road as to which he shall be employed, very person so offending shall for every such offence forfeit any sum ot exceeding 207. nor less than 57., at the discretion of any justice or stices of the peace before whom complaint of such offence shall be ade."

Sect. 7. "When and so soon as the trustees of any turnpike road hall have entered into a resolution to apply to Parliament for the connuation of the term and powers of the act under which such turnpike ad is regulated, or for the alteration or enlargement of any of those owers, or for an increase of the tolls to be levied on such turnpike road, he clerk of the said trustees is hereby required immediately to transait a copy of such resolution to one of his Majesty's principal Secrearies of State for the time being, together with a copy of any special lauses which the trustees may wish to be inserted in any new act repecting such turnpike road, and also a statement of the increased tolls atended to be levied thereon."

5. Trustees.

3 & 4 W. 4, c. 80.

to cause abstracts

of annual statements to be laid

before Parliament;

and for that purany clerks, surveyors. &c., bequire into state of roads and method of maintaining them.

pose to summon

fore him, and in

Clerks to trustees to send copies of trustees as to continuation or alteracts, &c., to Secretary of State.

resolutions of

ation of turnpike

Sect. 8. "The penalties hereby imposed shall be recovered and ap- Penalties how to died in the same manner as penalties imposed by the said recited act of be recovered. he third year of his late Majesty, and the several clauses and provisions herein contained respecting the recovery and application of penalties hall be in force for that purpose as if the same were herein specially re-enacted and contained." [See post, 757.]

9. TRUSTEES, PERSONAL LIABILITY OF.

By 7 & 8 Geo. IV. c. 24, s. 2, “Every trustee who shall order or direet the expenditure of any money for or towards the making, repairing, or altering any road not comprehended within the act, in the execution of which he may be acting, or for or towards the performance of any act, matter, or thing not authorized by such act, or by the said recited acts, [3 Geo. IV. c. 126; 4 Geo. IV. c. 95], such trustee shall be perally liable to the trust for the repayment of the money so expended, at the suit of any person or any one trustee, or of the clerk to such trus

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5. Trustees.

7 & 8 Geo. 4, c. 24.

No trustee to be

personally liable as such.

Trustees not personally liable for mortgages.

Costs of proceed

ings against, to be
paid out of tolls,
&c.

Materials.

Decisions as to their personal liability for contracts.

tees, on behalf of such trust; and that all the costs and charges of such suit, over and above any costs and charges recovered from the defendas in such suit, shall be paid and borne by such trust.”

Sect. 3. "No trustee shall be personally subject or liable to be charged (except as next hereinbefore mentioned) with the payment of any e or sums of money laid out or expended in or towards the making, pairing, or altering any turnpike road, nor shall execution issue agai the goods and chattels of any trustee by reason of his having acted a such trustee, or having signed or authorized or directed any contract of security to be entered into relating to any such road, unless, in st contract or security, such trustee shall have in express words rend himself so personally liable."

By 4 Geo. IV. c. 95, s. 61, "The trustees or commissioners for mak or maintaining any turnpike road, shall not be personally subject liable to be charged with the payment of any sum or sums of mone reason of their having signed or executed any mortgage, or assig by way of mortgage, or other security to be made by virtue or suance of any act for making or maintaining any turnpike road Pr vided also, that in case any action, suit, or prosecution, shall be or commenced against any such trustee or commissioner, for any done by virtue or in pursuance of the said recited act, [3 Geo. IV. or this act, or any such act for making or maintaining any turnpike all the costs, charges, and expenses of defending such action, s prosecution, or which such trustee or commissioner shall incur in sequence thereof, shall be defrayed out of the tolls arising on the ta pike road, for which such trustee or commissioner shall act."

As to the recovery from trustees of money for compensation or faction for materials, damage, &c., see the 4 Geo. IV. c. 95, s. 71, Sect. VIII. p. 704.

Decisions as to Personal Liability of Trustees for Contracts.]out the above enactments the trustees would have been personally like other individuals who contract. (See Horsley v. Bell, Andl 1 Bro. C. C. 101, n. S. C.; see Chitty on Contracts, 280).

The chairman of the trustees of a turnpike road signed a re that the plaintiff should be requested to make a temporary 2,000l. to the trustees. The plaintiff advanced the money, but nev no security by mortgage of the tolls, as prescribed by 3 Geo. IV. s. 81, post, 259. It was held, that the chairman (the defendant) exempted from personal responsibility by 7 & 8 Geo. IV. c. 2, the meaning of that enactment, coupled with the statute 4G c. 95, s. 61, (supra), is, that trustees shall be protected only where have pursued the form of security prescribed by the statutes. (P v. Eyre, 10 Bing. 283).

In the following case the trustees were held to have made them liable. Certain of the trustees under an act of Parliament for maka road, the fund provided by the act being neither sufficient nor ava for the object until the completion of the road, raised money on personal credit to carry on the work, and afterwards brought an against the other trustees, who had attended some of the meeting payment of an equal proportion of the whole expense of the road least for a proportion of the expense authorized at the meeting or ings which they had attended: it was held at first by the court sion, that the mere fact of presence at meetings did constitute a facie ground of personal liability, and that the onus lay on the def to shew, if they could, facts and circumstances exempting them that personal liability. But on appeal to and a remit by the H Lords, it was held, that the mere fact of presence at meetings d constitute a prima facie ground of personal liability; and that the lay upon the pursuers, to shew acts, beyond mere attendance, doe

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