6. Officers. 4 Gco. 4, c. 95. Officers under ex up such accounts, and the vouchers relating to the same, or shall refuse (a) See form, No. 115, post. (d) See form, No. 118, pest. (e) See forms, No. 64, 119, been employed, or who shall have received any tolls or other money on account of or for the purposes of any act for making or maintaining any turnpike road which may have expired or been repealed, or who may have or shall have had in their custody or possession, any money, books, papers, writings, or other things relating to any such turnpike-road, shall account for and pay and deliver over the same and every part thereof to the trustees for executing any subsequent act for maintaining such turnpike road, in like manner and under the like penalties, as the several collectors and other persons receiving any money, by virtue of the said recited acts of the third and fourth years of the reign of his present Majesty, and of any local turnpike act, are, by the said recited acts of the third and fourth years of the reign of his present Majesty, required to pay or account for the same." By 3 Geo. IV. c. 126, s. 136, "Every constable, headborough, or tithing-man refusing or neglecting to put this act into execution, or to account for and deliver any forfeiture or penalty according to the direcions of this act, and every surveyor of any turnpike road, and every oll collector, and all other persons employed or to be employed by any rustees or commissioners appointed or to be appointed for the repairing roads, who do or shall receive salaries or rewards, who shall wilfully neglect, for the space of one week after any offence being to their knowledge committed, to lay such information upon oath before one or more of his Majesty's justices of the peace for the limit wherein such offence was committed, as by this act is directed, shall upon due information (a) made upon oath before one of his Majesty's justices of the peace for the aid limit, forfeit for every such neglect the sum of 51." 6. Officers. 9 Geo. 4, c. 77. count with trustees under new act. pired acts, to ac Penalty on constables and persons employed with salaries refusing to execute the act, 51. A mandamus lies to admit a clerk of trustees, or, it seems, any other Mandamus to fficer who holds a valuable estate in his office under the general turn- admit. ike acts. (R. v. Trustees of Cheshire Turnpike Road, 5 B. &; Ad. 438). Where no application had been made to the trustees of a local turnike act, as a body, to appoint a gentleman appearing to be duly elected their clerk, and there had been consequently no refusal by them as a ody, Wightman, J., refused to grant a mandamus commanding them 3 make such appointment. (R. v. The Trustees of the Cheadle Highay, 7 Jurist, 373, Q. B., November 22nd, 1843). ties. Officers and agents employed by the trustees, when guilty of laches, Personal liabiliegligence, or misconduct, are personally liable for the consequences, Ithough the act ordered to be done was in itself lawful, and warranted y the powers vested in the trustees. And in a late case, the surveyor nd contractor employed by certain paving commissioners, were held able upon an action brought for an injury inflicted through their aving unguarded during the night a trench, over which the plaintiff all and broke his leg, though the commissioners themselves were held ot liable. (Hall v. Smith, 2 Bing. 156; 9 Moore, 226, 477, S. C. And Jones v. Bird, 5 B. & Ald. 837; 1 D. & R. 497, S. C.) But such officers and agents will not be liable if the injury arose from he unavoidable consequence of an act authorized by statute to be exeated. The interests of individuals must give way to the interests of he public. Whenever the legislature think it necessary, they enable he trustees, &c., to award satisfaction for the injuries they may occaion; but, if there be no such provision, the parties are generally withut remedy. (Governor of Cast Plate Manufacturers v. Meredith, 4 T. R. 794). And whenever specific remedies are given by the statute, they must, in general, be pursued. (Sutton v. Clarke, 6 Taunt. 35; 1'Marsh. 429, S. C.) The surveyor of a turnpike road is not personally liable to answer for 6. Officers. Treasurer and clerk not to be the same person. Treasurer to give security. Security may be taken from any other officer. When damages may be levied on goods in hands of treasurer. Execution cannot wages to labourers for their work in the repair of the road, but the commissioners or their treasurer are the proper parties to be sued. (P chin v. Pawley, 1 W. Bl. 670). But if the contract be entered in: personally with such surveyor, and he voluntarily stakes his individa credit, he will render himself personally liable. (See Mercel v. Wy mondsold, Hardr. 205). A clerk of the trustees is not subject to an execution against him personally, on a judgment against him as clerk. (Ante, 670). 2. TREASURER AND CLERK. of th or the c Besides the general enactments, ante, 670, by 7 & 8 Geo. IV. c. 4 s. 4, “It shall not be lawful for any trustees to continue or appoint the person who has been or may be appointed their clerk, in the execut of any act for repairing or maintaining any turnpike road, or the part of any such clerk, or the clerk or other person in the service or empl of any such clerk or of his partner, the treasurer for the purposes such act, or to continue or appoint any person who has been or may appointed treasurer, or the partner of any such treasurer, or the clerk other person in the service or employ of any such treasurer, or f partner, the clerk, for the purposes of such act; and if any persons accept both the offices of clerk and treasurer for the purposes act, or if any person being the partner of any such clerk, or other person in the service or employ of any such clerk or partner, shall accept the office of treasurer, or shall act as deputy treasurer, or in any manner officiate for the treasurer, or being partner of any such treasurer, or the clerk or other person in the vice or employ of any such treasurer, or of his partner, shall acceptoffice of clerk in the execution of such act, or shall act as deputy of clerk, or in any manner officiate for such clerk, or if any such tras shall hold any place of profit or trust under the said trustees, other 'that of treasurer, every such person so offending shall, for every offence, forfeit and pay the sum of 1007. to any person who shall ser the same, to be recovered with full costs of suit in any of his Maj courts of record at Westminster, by action of debt or on the case, bill, suit, or information, wherein no essoign, protection, wager at ås. nor more than one imparlance shall be allowed." By 3 Geo. IV. c. 126, s. 76, "The trustees and commissioner turnpike road shall, and they are hereby required to take sufo curity from every treasurer to be appointed by them for the pur any act or acts of Parliament for making, repairing, or maintainin turnpike road, for the due and faithful execution of his office," such treasurer shall enter upon his office; and if they shall so proper, shall and may also take such security from any other off be appointed under or by virtue of this or such other act." [See** No. 53, post.] As to when damages may be levied on goods in the hands of the " surer, see 4 Geo. IV. c. 95, s. 71, post, 704. In an action against the trustees in the name of their clerk, execut issue against clerk. cannot issue against him personally. (Ante, 670). Books of account. Annual statement of debts, &c. Estimates for annual meetings. Copies of resolutions of trustees as to continuation, See ante, 661, as to the books of account to be kept by the clerk. as to their being open to inspection, &c. See ante, 663, as to the clerk being directed to prepare annual ments of debts, &c., and to transmit them to Secretary of State, & See, also, ante, 664, as to the clerk being required to prepare estim for annual meetings. And see ante, 665, as to his being required to send copies of resolut acts, &c., to be sent of trustees as to continuation or alteration of turnpike acts, &c., të &c., of turnpike to Secretary of State. cretary of State. 3. SURVEYOR AND CLERK (a). Besides the enactments, ante, 670, by 4 Geo. IV. c. 95, s. 44, "It shall not be lawful for the trustees or commissioners acting under any act for making or maintaining any turnpike road, to continue or appoint the person or persons who has been or may be appointed their clerk or clerks in the execution of such act, or the partner of any such clerks, or the clerk or clerks, or other person or persons in the service or employ of any such clerk or clerks, the surveyor or surveyors for the purposes of such act; or to continue or appoint any person or persons who has been or may be appointed surveyor or surveyors, or the partner or partners of any such surveyor or surveyors, the clerk or clerks to the said trustees or commissioners; and if any person shall accept both the offices of clerk and surveyor for the purposes of such act, or if any person, being the partner of any such clerk or clerks, or the clerk or clerks, or other person or persons in the service or employ of any such clerk or lerks, shall accept the office of surveyor, or being the partner of any uch surveyor or surveyors, shall accept the office of clerk in the excution of such act, and if any such surveyor shall hold or accept any lace or office of profit or trust under the said trustees, other than that of surveyor, every such person so offending shall, for every such offence, Forfeit and pay the sum of 50l. to any person who shall sue for the same, to be recovered, with full costs of suit, in any of his Majesty's courts of record at Westminster, by action of debt or on the case, or by ill, suit, or information, wherein no essoign, protection, or wager of iw, nor more than one imparlance shall be allowed.” By sect. 45, "If the surveyor of any turnpike road shall have any irt, share, or interest in any contract or bargain for work, materials, ols, or other things, to be done or provided upon, for, or on account of y road or bridge, or any part thereof, under his care and management, shall upon his own account, directly or indirectly, let to hire any am, or sell or dispose of any timber, stone, or other materials, to be sed or employed in making or repairing any such road or bridge, he all forfeit, for every such offence, the sum of 501." This surveyor is quite distinct from the parish surveyor. 6. Officers. Surveyor and same person. clerk not to be the Surveyor to hold no other place of trustees. profit under the Surveyor not to be concerned in conterials. tracts, or sell ma Duties and lia The surveyor is not responsible to labourers for their wages. The bilities. As to the duties of the surveyor, see post, Sects. IX. X. As to his Where a highway, part of a turnpike road, is out of repair, the suryor is liable to be summoned, &c., under the 5 & 6 Will. ÍV. c. 50, 94, ante, 588. 4. COLLECTOR AND RECEIVER. Besides the general enactments, ante, 670, the 4 Geo. IV. c. 95, s. 49, nacts, "That, upon the death, incapacity, refusal, neglect, or abscondag of any collector or receiver of tolls at any turnpike or weighing aachine upon any turnpike road, any two or more trustees or commisioners, though not assembled at any meeting, by writing under their espective hands, shall and may nominate and appoint a proper person n his place, to continue until the then next meeting of the trustees or commissioners of such road, in the stead of such collector or receiver as shail so die, become incapable, refuse, neglect, or abscond; which peron so nominated and appointed shall have the like power and authority, and be answerable and accountable in the same manner in all respects, (a) See form of bond of, No. 58, post. Trustees may ap point temporary certain cases of death, &c.; though illegally appointed. collectors, &c., in may recover tolls, 6. Officers. 4 Geo. 4, c. 95. Penalty on former collector, &c., ne. glecting duty, &c. No person to gain a settlement by residence in toll houses (b). as the person who shall die, become incapable, refuse, neglect, or ab scond, would have had or been subject to if living; and if any collec or receiver of tolls as aforesaid, who shall be discharged from his off by the said trustees or commissioners, or the wife or widow, or any the children, family, or representatives of any collector or receiver w shall die, abscond, refuse, or neglect to perform his duty, or be e charged, or any other person having the possession of any toll-house buildings or weighing machine erected by virtue of any act for repair turnpike roads, or the said recited act, shall neglect or refuse to di up such possession for the space of three days after demand thereof Laand notice in writing given for that purpose, by any two or more of st trustees or commissioners, or by their clerk or treasurer, then, an any of the said cases, it shall and may be lawful for any justice t peace for the county or place where such toll-house or building weighing machine shall be situate, by warrant under his handseal (a), to order any constable or other peace officer for the county or place, with such assistance as shall be necessary, te such house or building or weighing machine in the day-time. remove the person who shall be found therein, together with -" or their goods, out of the same, and to put the said trustees or c sioners, or any of their officers, in the possession thereof." By 3 Geo. IV. c. 126, s. 51, "No collector, or person renting renting tolls or by tolls, or residing in such toll-house as aforesaid, and no appre servant of any such collector or person, shall thereby gain a settati in any parish or place whatsoever; and that no tolls to be taken ata gate erected or to be erected by the trustees or commissioners of turnpike road, nor toll-house erected or to be erected for the pur collecting the same, nor any person in respect of such tolls or house, shall be rated or assessed towards the payment of any rates, or any other public or parochial levy whatsoever" (c). Tolls and tollhouses, and persons in respect of the same, not liable to be rated to poor rates, &c. A somewhat similar enactment in respect of tolls for overweight. Sect. 31 (d). "No collector or receiver of any tolls or penalties for.. Weight, residing in any house or building erected or used by the tees of any turnpike road for the residence or accommodation of par appointed for weighing any waggons or other carriages, and no 27 tice or servant of any such collector or receiver, shall thereby settlement in any parish or place; and that no tolls or pen overweight to be taken at any house or weighing machine ere be erected or adjoining to any turnpike road, nor any per soever in respect of such tolls or penalties, or any house or b (a) See form, No. 89, post. (b) The 13 Geo. III. c. 84, s. 56, (now repealed), enacted that no gate-keeper or person renting the tolls and residing in the toll-house, should thereby gain a settlement, id est, by such taking of the toll-house or renting the tolls; it was held, under this enactment, that a person might gain a settlement in the pa rish where he resided and rented a tenement of above 101. per annum, although his residence was in a turnpike house as the toll collector's servant. (R. v. Denbigh, 5 East, 333). But the collector of the tolls under an act for paving, &c., the streets of Durham, and other local objects, was held to be within that provision, and consequently did not gain a settlement. (R. v. Elvet, 11 East, 93). However the collector of the tolls of a bridge, which, although in the line of the turnpike road, did not form part of it, being vested in a different pany of proprietors, was held gained a settlement. (R. v. B.. Maule & Sel. 514. See the 6 G c. 57, repealing the 59 Geo. III see also the 54 Geo. III. c. 171 and tit. ** Poor," Vol. IVA (c) See R. v. Trustees of Gres street Road, (5 Ad. & E. 65% it was held, that the trustees local act were not liable to be land upon which they had made and in respect of which they? tolls. If a mortgagee bring e and take possession of the te and tolls, he would come wr direct words of the clause. 1 Coleridge, J.) See this enact and case more fully noticed, pos "Poor," Vol. IV. (d) Of 4 Geo. IV. c. 95. |