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een employed, or who shall have received any tolls or other money on 6. Officers. ccount of or for the purposes of any act for making or maintaining any urnpike road which may have expired or been repealed, or who may

9 Geo. 4, c. 77.

pired acts, to acave or shall have had in their custody or possession, any money, books,

count with trusapers, writings, or other things relating to any such turnpike-road, tees under new act. hall account for and pay and deliver over the same and every part hereof to the trustees for executing any subsequent act for maintaining och turnpike road, in like manner and under the like penalties, as the leveral collectors and other persons receiving any money, by virtue of he 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 icts 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 Penalty on contithing-man refusing or neglecting to put this act into execution, or to stables and persons

employed with salccount for and deliver any forfeiture or penalty according to the direc- laries refusing to ons of this act, and every surveyor of any turnpike road, and every

execute the act, 57, 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.

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 I make such appointment. (R. v. The Trustees of the Cheadle Highay, 7 Jurist, 373, Q. B., November 22nd, 1843). 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 ad contractor employed by certain paving commissioners, were held able upon an action brought for an injury inflicted through their aying unguarded during the night a trench, over which the plaintiff 91 and broke his leg, though the commissioners themselves were held of liable. (Hall v. Smith, 2 Bing. 156; 9 Moore, 226, 477, S. C. And Le 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 exeuted. The interests of individuals must give way to the interests of de public. Whenever the legislature think it necessary, they enable de trustees, &c., to award satisfaction for the injuries they may occason; but, if there be no such provision, the parties are generally with

remedy. (Governor of Cast Plate Manufacturers v. Meredith, 4

T. R.794).

And whenever specific remedies are given by the statute, they must, de 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

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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. (Pw chin v. Pawley, 1 W. BI. 670). But if the contract be entered into personally with such surveyor, and he voluntarily stakes his individual credit, he will render himself personally liable. (See Mercel v. W 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. Treasurer and Besides the general enactments, ante, 670, by 7 & 8 Geo. IV. c. 94, clerk not to be the

S. 4, “ It shall not be lawful for any trustees to continue or appoint te same person.

person who has been or may be appointed their clerk, in the executim of any act for repairing or maintaining any turnpike road, or the partner of any such clerk, or the clerk or other person in the service or emplor 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 be appointed treasurer, or the partner of any such treasurer, or the clerk er other person in the service or employ of any such treasurer, or of ha partner, the clerk, for the purposes of such act; and if any person skal accept both the offices of clerk and treasurer for the purposes of such act, or if any person being the partner of any such clerk, or the ceny or other person in the service or employ of any such clerk or of Law partner, shall accept the office of treasurer, or shall act as deputy of the treasurer, or in any manner officiate for the treasurer, or being ta partner of any such treasurer, or the clerk or other person in the set vice or employ of any such treasurer, or of his partner, shall accept to office 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 treason shall hold any place of profit or trust under the said trustees, other la that of treasurer, every such person so offending shall, for every offence, forfeit and pay the sum of 1001, to any person who shall szed the same, to be recovered with full costs of suit in any of his Mapes courts of record at Westminster, by action of debt or on the case, a bill, suit, or information, wherein no essoign, protection, wager ita"

nor more than one imparlance shall be allowed.” Treasurer to give By 3 Geo. IV. c. 126, s. 76, “The trustees and commissionerse elu! security.

turnpike road shall, and they are hereby required to take sufficient curity from every treasurer to be appointed by them for the purposes any act or acts of Parliament for making, repairing, or maintaining

turnpike road, for the due and faithful execution of his office, les Security may be

such treasurer shall enter upon his office; and if they shall so other officer. proper, shall and may also take such security from any other face

be appointed under or by virtue of this or such other act.” (see bu

No.53, post.] When damages As to when damages may be levied on goods in the hands of the may be levied on goods in hands of surer, see 4 Geo. IV. c. 95, s. 71, post, 704. Execution cannot

In an action against the trustees in the name of their clerk, execu issue against clerk. cannot issue against him personally. (Ante, 670). Books of account.

See ante, 661, as to the books of account to be kept by the clerk, se

as to their being open to inspection, &c. Annual statement See ante, 663, as to the clerk being directed to prepare annu of debts, &c. Estimates for an

ments of debts, &c., and to transmit them to Secretary of State, au nual meetings.

See, also, ante, 664, as to the clerk being required to prepare estimary Copies of resolu- for annual meetings. tions of trustees as to continuation, And see ante, 665, as to his being required to send copies of &c., of turnpike acts, &c., to be sent of trustees as to continuation or alteration of turnpike acts, acı, to Secretary of State,

cretary of State.

to send copies of resolutions

Ike acts, &c., to S6

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6. Officers. 3. SURVEYOR AND CLERK (a). Besides the enactments, ante, 670, by 4 Geo. IV. c. 95, s. 44, “It Surveyor and

clerk not to be the hall not be lawful for the trustees or commissioners acting under any

same person. ct for making or maintaining any turnpike road, to continue or appoint he person or persons who has been or may be appointed their clerk or lerks in the execution of such act, or the partner of any such clerks, r 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 ther 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 Surveyor to hold

no other place of lace or office of profit or trust under the said trustees, other than that

profit under the of surveyor, every such person so offending shall, for every such offence, trustees. corfeit and pay the sum of 501. to any person who shall sue for the same, to be recovered, with full costs of suit, in any of his Majesty's pourts of record at Westminster, by action of debt or on the case, or by will, suit, or information, wherein no essoign, protection, or wager of 3w, nor more than one imparlance shall be allowed.”

By sect. 45, “ If the surveyor of any turnpike road shall have any Surveyor not to be irt, share, or interest in any contract or bargain for work, materials, concerned in con

tracts, or sell maols, or other things, to be done or provided upon, for, or on account of terials. 1 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
Tall forfeit, for every such offence, the sum of 501.
This surveyor is quite distinct from the parish surveyor.

Duties and liaThe surveyor is not responsible to labourers for their wages. The bilities. easurer or trustees should be sued; (Pochin v. Pawley, 1 Sir W. Bl. 10); unless, by express agreement, he render himself personally liable. Hardr. 205; ante, 666, 673).

As to the duties of the surveyor, see post, Sects. IX. X. As to his
ability, see ante, 673.
Where a highway, part of a turnpike road, is out of repair, the sur-
yor is liable to be summoned, &c., under the 5 & 6 Will. IV. c. 50,
94, ante, 588.

4. COLLECTOR AND RECEIVER. Besides the general enactments, ante, 670, the 4 Geo. IV. c. 95, s. 49, Trustees may apacts, "That, upon the death, incapacity, refusal, neglect, or abscond-point temporary

collectors, &c., in 12 of any collector or receiver of tolls at any turnpike or weighing certain cases of uachine upon any turnpike road, any two or more trustees or commis- death, &c.;

may recover tolls, lopers, though not assembled at any meeting, by writing under their though illegally Espective hands, shall and may nominate and appoint a proper person appointed.

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 sitall so die, become incapable, refuse, neglect, or abscond; which perBON 80 nominated and appointed shall have the like power and authority, ld be answerable and accountable in the same manner in all respects,

(a) See form of bond of, No. 58, post.

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6. Oficers. as the person who shall die, become incapable, refuse, neglect, or at

scond, would have had or been subject to if living; and if any collector 4 Geo. 4, c. 95.

or receiver of tolls as aforesaid, who shall be discharged from his ofia Penalty on former collector, &c., ne. by the said trustees or commissioners, or the wife or widow, or any of glecting duty, &c the children, family, or representatives of any collector or receiver who

shall die, abscond, refuse, or neglect to perform his duty, or be discharged, or any other person having the possession of any toll-house a buildings or weighing machine erected by virtue of any act for repairing turnpike roads, or the said recited act, shall neglect or refuse to deliver up such possession for the space of three days after deinand thereof made, and notice in writing given for that purpose, by any two or more of sud trustees or commissioners, or by their clerk or treasurer, then, and in any of the said cases, it shall and may be lawful for any justice of the peace for the county or place where such toll-house or building weighing machine shall be situate, by warrant under his hand and seal (a), to order any constable or other peace officer for the same county or place, with such assistance as shall be necessary, to enter such house or building or weighing machine in the day-time, and 19 remove the person who shall be found therein, together with his, het, or their goods, out of the same, and to put the said trustees or comin.s

sioners, or any of their officers, in the possession thereof." No person to gain By 3 Geo. IV. c. 126, s. 51, “No collector, or person renting such a settlement by renting tolls or by tolls, or residing in such toll-house as aforesaid, and no apprentice de residence in toll

servant of any such collector or person, shall thereby gain a settlemen houses ().

in any parish or place whatsoever; and that no tolls to be taken at app Tolls and toll houses, and per gate erected or to be erected by the trustees or commissioners of any sons in respect of turnpike road, nor toll-house erected or to be erected for the purpose the same, not Jiable to be rated collecting the same, nor any person in respect of such tolls or to to poor rates, &c. house, shall be rated or assessed towards the payment of any posts

1

rates, or any other public or parochial levy whatsoever" (C). A somewhat

Sect. 31 (d). “No collector or receiver of any tolls or penalties for and similar enactment in respect of tolls weight, residing in any house or building erected or used by the time for overweight. tees of any turnpike road for the residence or accommodation of person

appointed for weighing any waggons or other carriages, and no apare
tice or servant of any such collector or receiver, shall thereby
settlement in any parish or place; and that no tolls or pening
overweight to be taken at any house or weighing machine erette
be erected or adjoining to any turnpike road, nor any person
soever in respect of such tolls or penalties, or any house or bular
(a) See form, No. 89, post.

of it, being vested in a different co-
(6) The 13 Geo. III.c. 84, s. 56, (now pany of proprietors, was bel
repealed), enacted that no gate-keeper gained a settlement. (R. v. Bude
or person renting the tolls and residing Maule & Sel. 514. See the 8 Gel
in the toll-house, should thereby gain a c. 57, repealing the 59 Geo. III. C.
settlement, id est, by such taking of the see also the 54 Geo. III. c. 110, **
toll-house or renting the tolls; it was and tit. “ Poor," Vol. IV.)
held, under this enactment, that a per- (c) See R. v. Trustees of Great bo
son might gain a settlement in the pa street Road, (5 Ad. & E. 695),
rish where he resided and rented a tene- it was held, that the trustees o
ment of above 101. per annum, although local act were not liable to be rat
his residence was in a turnpike house land upon which they had made a
as the toll collector's servant. (R. v. and in respect of which they
Denbigh, 5 East, 333). But the col. tolls. If a mortgagee bring elect
lector of the tolls under an act for paving, and take possession of the
&c., the streets of Durham, and other and tolls, he would come with
local objects, was held to be within that

direct words of the clause. (Id.is provision, and consequently did not

Coleridge, J.) See this enactmeal gain a settlement. (R. v. Elvet, 11 East, and case more fully noticed, posi, 04 93). However the collector of the tolls “ Poor," Vol. IV. of a bridge, which, although in the line (d) Of 4 Geo. IV. c. 95. of the turnpike road, did not form part

(R. v. Buberith, 1

• d E. 693), when

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possession of the toll-boase

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foresaid, shall be rated or assessed towards the payment of any poor's 6. Officers. ates, or any other public or parochial rate or levy whatsoever.”

4 Geo. 4, c.95. By 3 Geo. IV. c. 126, s. 52, “If any collector or other person ap- Collectors permitpointed to collect the tolls on any turnpike road, shall permit or suffer

ting carriages to

pass otherwise iny waggon, wain, cart, or other carriage to be drawn or pass upon any than allowed by urnpike road within the view or with the knowledge of such collector the act, and not

prosecuting, to or toll gatherer, or to pass through any toll gate or bar, with wheels of forfeit not exceeda less breadth or of a different construction, or drawn with a greater ing 5l. (a). number of horses than by this act allowed (a), or without such names and descriptions painted thereon as are hereinafter directed, and shall not, within the space of one week, proceed for the recovery of the forfeiture or penalty hereby inflicted, or shall allow any coach, chariot, waggon, cart, or other carriage, or any passenger, to pass through any toll gate at which such collector or other person shall be stationed, without paying the toll payable, or shall be guilty of any other misconduct in his office, every collector or other person so offending, and Collector guilty of

misconduct. being thereof convicted before one justice, shall forfeit, for every such mis offence, any sum not exceeding 51., as the justice by and before whom such offender shall be convicted shall judge proper."

By 4 Geo. IV. c. 95, s. 30, “Every toll collector on every turnpike Toll collectors to road shall place, or cause to be placed, on some conspicuous parts of the py

put up their fronts of the several toll houses at which they shall be respectively stationed, and so that the same shall appear to public view, their christian and surnames, painted in black on a board with a white ground, each of such letters of such name or names to be at least two inches in length, ind of a breadth in proportion (b), and that such board shall be and emain at such toll-house during the whole of the time that the person chose name shall be expressed thereon shall be on duty thereat; and if by collector of the said tolls shall not place such board and keep the ame there during the time he shall be such collector as aforesaid, or hall demand and take a greater or less toll from any person than he taking greater or hall be authorized to do by virtue of the powers of any act, or of the

at of the less toll, &c. (c); orders and resolutions of the trustees or commissioners made in purtance thereof, or shall demand and take a toll from any person or per

taking toll from

person exempt; ons who shall be exempt from the payment thereof, and who shall laim such exemption, or shall refuse to permit or suffer any person or ersons to read, or shall in anywise hinder any person or persons from other offences; eading the inscriptions on such board, or shall refuse to tell his chrislan and surname to any person or persons who shall demand the same a being paid the said tolls, or any of them, or shall in answer to such fernand give a false name or names, or shall refuse or omit to give to the person paying the toll a ticket denoting the payment of the tolls, and laining and specifying the toll gate at which such ticket has been depered, and the toll gate or toll gates (if any) freed by such payment, T, upon the legal toll being paid or tendered, shall unnecessarily detain Twilfully obstruct, hinder, or prevent any passenger or passengers obstructing Tom passing through any turnpike or toll gate, or shall make use of passengers ;

(a) See post. (©) This section omits the following Now repealed clause contained in 3 Geo. IV. c. 126, s. 53 : "And every such col. lector shall place, or cause to be placed, on the front of the toll-house or toll. Looses at which such collectors shall be stationed, the board hereinbefore directed to be provided by the trustees or Commissioners, containing the usual Name of the turnpike gate wbere the board shall be affised, and also the list

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