aforesaid, shall be rated or assessed towards the payment of any poor's 6. Officers. rates, or any other public or parochial rate or levy whatsoever." 4 Geo. 4, c.95. Collectors permitting carriages to pass otherwise than allowed by the act, and not prosecuting, to forfeit not exceed ing 51. (a). By 3 Geo. IV. c. 126, s. 52, "If any collector or other person appointed to collect the tolls on any turnpike road, shall permit or suffer any waggon, wain, cart, or other carriage to be drawn or pass upon any turnpike road within the view or with the knowledge of such collector or toll gatherer, or to pass through any toll gate or bar, with wheels of a less breadth or of a different construction, or drawn with a greater 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 being thereof convicted before one justice, shall forfeit, for every such offence, any sum not exceeding 57., as the justice by and before whom such offender shall be convicted shall judge proper." misconduct. Toll collectors to pup their names; less toll, &c. (c); By 4 Geo. IV. c. 95, s. 30, "Every toll collector on every turnpike road shall place, or cause to be placed, on some conspicuous parts of the 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, and of a breadth in proportion (6), and that such board shall be and emain at such toll-house during the whole of the time that the person hose name shall be expressed thereon shall be on duty thereat; and if ny 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 orders and resolutions of the trustees or commissioners made in puruance thereof, or shall demand and take a toll from any person or perons 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 any wise hinder any person or persons from other offences; eading the inscriptions on such board, or shall refuse to tell his chrisjan and surname to any person or persons who shall demand the same n 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 erson paying the toll a ticket denoting the payment of the tolls, and aming and specifying the toll gate at which such ticket has been deivered, and the toll gate or toll gates (if any) freed by such payment, , upon the legal toll being paid or tendered, shall unnecessarily detain wilfully obstruct, hinder, or prevent any passenger or passengers obstructing From passing through any turnpike or toll gate, or shall make use of passengers (a) See post. (b) This section omits the following Dow repealed clause contained in 3 Geo. IV. c. 126, s. 53: And every such collector shall place, or cause to be placed, on the front of the toll-house or toll. Louses 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 where the board shall be affixed, and also the list of the tolls payable at such gate, and of (c) This is extended to the farmer or taking toll from person exempt; 7. Making, any scurrilous or abusive language to any trustee or commissioner, and diverting traveller, or passenger, then, and in every such case, every such te roads, &c. collector shall forfeit and pay any sum not exceeding 51. for every such offence." [As to the recovery and application of penalties, see pat, Sect. XV.] 4 Geo. 4, c. 95. penalty 51. Toll collectors taking more toll than allowed, to be proceeded against before a justice, and not Sect. 50. "No person or persons who shall ask and take more than he is authorized to take by this act, or any act now in force, or by any act hereafter to be made and passed, shall be prosecuted by indiet ment for extortion, or otherwise, nor shall any other proceeding adopted against such person or persons for the offence aforesaid, othe by indictment (a). than by prosecuting for the forfeiture and penalty before a justice of the peace, as is herein or by the said recited act (3 Geo. IV. c. 12% directed" (b). Penalties on toll collector, &c., absconding. Their accounts. By 3 Geo. IV. c. 126, s. 54, "In case any toll collector, or person acting as such, shall offend against any of the provisions of this st whereby any penalty shall be incurred, and shall abscond or absent himself so as not to be found, then it shall and may be lawful for any justice of the peace, before whom any such toll collector or person sha have been convicted of any such offence, in case of such collector other person absconding after conviction, or in case of his or her absconding previous to conviction; then for any other justice of the pea acting for the county, on an examination of the circumstances, and ascertaining by the examination of witnesses that such offence has been committed by the person absconding, to order and adjudge that the penalty incurred as aforesaid shall be paid by the lessee or farmer the tolls under whom such collector or other person shall act; all which penalties shall be levied and recovered from such lessee or farmer, and applied in manner hereinafter directed" (see post, Sect. XV.) See further as to penalties, post, Sect. XV. As to their accounts, see ante, 671. Division of subject. Trustees may VII. Making and diverting, &c., Roads, Footpaths, & And herein of : 1. Powers and Duties as to, in general, p. 678. 2. Purchasing, &c., of Lands, &c., for improving Roads, p. 66 1. POWERS AND DUTIES AS TO, IN GENERAL. By 9 Geo. IV. c. 77, s. 9 (c), "It shall be lawful for the trustees hereby authorized and empowered, shorten, vary, and any turnpike road, and they are alter roads. (a) It has been held under a former act, that an indictment for extortion for taking toll where the party claimed an exemption from toll, could not be sustained, where it appeared that the ground for such exemption was not expressly specified to the turnpike gate-keeper at the time the toll was demanded by him; although the nature of the exemption was apparent from the substance (manure) with which the cart was loaded. (R. v. Hamlyn, 4 Camp. 379). The above 50th section takes away the proceedings by indictment: but express notice of the exemption must, it should seem, still be given. (See R. v. H. gins, 4 C. & P. 247; ante, “Extrtion," Vol. II.) (b) A mere claim of a right to tak certain tolls is not sufficient to oust ja tices of the jurisdiction to convict for taking them improperly. (Rer v. Hamp shire (Justices), 3 Dowl. P. C. 47). (c) By this act, so much of the 3 Geo. IV. c. 126, "as authorizes the tras tees of any turnpike road to make, divert, shorten, vary, alter, and improve any such road, shall be, and the same is hereby repealed." 7. Making and diverting roads, &c. subject to the restrictions in the said recited acts, (3 Geo. IV. c. 126; Geo. IV. c. 95; and 7 & 8 Geo. IV. c. 24), and this act contained), to make, divert, shorten, vary, alter, and improve the course or path of any of the several and respective roads under their care and management, or of any part or parts thereof, and to divert, shorten, vary, alter, 9 Geo. 4, c. 97. and improve the course or path of any of the said several and respective roads, or any part or parts thereof, upon, in, through, or over any pri- Through private vate lands, grounds, or hereditaments, making or tendering (a) satisfac- lands. tion to the owners thereof, and persons interested (a) therein for the same, lands. or for any damage they may sustain thereby (b), and also upon, in, Through waste over, or through any common or waste lands, without making any satisfaction for such common or waste lands, in such manner as they shall think proper, so that any such road shall not exceed sixty feet in width, Not exceeding together with such footpath, causeways, bridges, arches, banks, culverts, sixty feet in width. ditches, drains, and fences, on the line of such road as they shall think necessary or expedient, and it shall also be lawful for such trustees, and for their surveyors or surveyor, and workmen, with or without carts or arriages, from time to time to enter upon the lands and grounds, or Power to enter on ereditaments through which, or whereupon such road, footpath, causeways, bridges, arches, banks, culverts, ditches, drains, and fences, is or are intended to be made or pass, and also upon any adjoining lands or grounds, to stake out the same in such manner as such trustees shall think necessary or expedient, without being deemed a trespasser or trespassers (c), and without being subject or liable to any fine, penalty, trespassers. (a) By a turnpike road act, trustees vere authorized to enter upon and take ertain lands, and to pull down certain onses, buildings, &c., "making or ndering satisfaction to the owners or roprietors of all private lands, houses, uildings," &c., so taken, "for any loss damage they may sustain thereby;' ad it was also provided, that they ould not be authorized to take other aildings, &c., without the consent "of e owners or proprietors thereof, or ther persons interested therein:". Ield, 1st, that compensation was to be Lade in the case of premises taken Inder the former clause, not only to the Owners of the fee-simple in the lands ad buildings, but also to the lessees of he same for terms of years; 2ndly, hat the trustees were not bound by the bove clause to make or tender compenation before or at the time of entering pon or taking the lands, or pulling down the houses. (Lister v. Lobley, 7 Ad. & E. 124; 2 Har. & Wol. 12). Littledale, J., in delivering his judgment in this case, said, "Both here and under the General Turnpike Act, the neral principle clearly is, that compensation shall be made for loss or damage to any parties interested." It seems hat trustees are not rendered trespasser ab initio, by neglecting to make or tender satisfaction. (S. C. Williams, J.) See post, tit. "Mandamus," Vol. V. ge (b) Where an act of Parliament authorizing a company to construct canal, gave certain commissioners power a to purchase lands, &c., and directed (c) Under this clause it has been case, lands. Without being 7. Making or punishment for entering or continuing upon such lands or premises and diverting respectively, for any of the purposes of the act, for making or mainroads, &c. taining any such turnpike road; and if any person shall pull up, re move, or destroy any stakes (a), or other marks used for the purposes aforesaid, every person so offending shall forfeit and pay for every such 9 Geo. 4, c. 77Penalty for de stroying marks of offence any sum not exceeding 5/." trustees, &c. Power to make and repair footways. Where road is ruinous, roads may be made grounds. By 3 Geo. IV. c. 126, s. 111, “It shall be lawful for the trustees commissioners to make and keep in repair, or cause to be made and ket in repair, any causeway or causeways for the use of foot passengers in upon, or on the sides of the turnpike road, in such manner as they st think proper; and also to make, or cause to be made, a road through grounds adjoining to any ruinous or narrow part of any turnpike r (not being the site or ground whereon any house or houses stand, an through adjoining being a yard, garden, park, paddock, planted walk or avenue to house, or any inclosed ground planted and set apart as a nursery trees), to be made use of by all passengers, cattle, and carriages, as a lic highway, whilst the old road is repairing or widening, and th time as it shall be convenient for passengers and carriages to passa Recompense to be the same, making such recompense to the owners and occupiers of private grounds respectively, for the damages they shall or may ther sustain, as shall be adjudged reasonable by the trustees or commiss of the road under repair or alteration; and in case of any difference cerning such damages between such owners or occupiers and such tees or commissioners, that then it shall and may be lawful for any or more justices of the peace acting in and for the county wherein grounds shall be situate, on fourteen days' notice in writing being given by either party to the other, to settle, adjudge, and finally deter what recompense shall be made to such owners and occupiers, for damages they shall have sustained as aforesaid." (See 4 Geo. IV. c. s. 71, post, 704). made to owners for damages. In cases of difference, two justices shall settle it. Trustees not to make or repair pavements, causeways, &c., in towns, unless Sect. 112. "Nothing herein contained as to the making or maint ing any causeway or footpath, or any other matter or provision i act, shall extend or be deemed or construed to extend to authorize of specially directed. Power any trustees or commissioners of any turnpike road to lay continue, repair, or maintain any pavement, or any paved or p causeway or footpath, in or upon, or at the side of any turn766 within any town, village, or hamlet where such turnpike road through the same, unless provision shall have been or shall be spe made for that purpose in the act or acts of Parliament under whic turnpike road shall be made, maintained, or repaired; but in des such provision, all and every such payment, paved or pitched cas or footpath within such town, village, or hamlet, shall be made, r * and maintained, by and at the cost of the inhabitants of such tow lage, or hamlet, or by such other persons as shall be in anywise to make, maintain, and repair the same." Trustees not to pull down dwelling-houses, or deviate more than or take in gardens, &c., without consent. By 4 Geo. IV. c. 95, s. 65, “It shall not be lawful for the trust commissioners of any turnpike road, in altering or diverting the of any part of the turnpike road under their care and manageme one hundred yards, take or pull down any dwelling-house or other building, or in alte or diverting the course of any part of the turnpike road under their and management, to deviate over any inclosed lands or grounds than one hundred yards from the line or course of such turnpike without the consent (b) in writing of the owner or proprietor, or i person or persons hereby authorized to act for and on behalf of the oor proprietor of such dwelling-house or other building, or of such! or grounds, or to take in or make use of any garden, yard, or pad. (a) The trustees may maintain trespass for an injury to their stakes, but not trespass quare clausum fregit. (Driver v. Simpson, 8 Taunt. 614, ante, bi (b) As to the consent, see the ante, 556. Highways, Turnpike. plante park, planted walk or avenue to a house, or any inclosed ground planted as an ornament or of avenue a house, or planted and set apart as nursery for trees, or any part thereof respectively, without the like a proprietor thereof, or of the person or persons aforesaid, first had and obtained; and it shall be consent of the owner or ereby authorized as 681 7. Making and diverting roads, &c. 4 Geo. 4, c. 95. awful for all bodies politic, corporate, or collegiate, corporations aggreees in trust, committees, executors, administrators, and all other persons ate or sole, tenants for life or in tail, husbands, guardians, trustees, feofwhomsoever, not only for or on behalf of themselves, their heirs and successors, but also for and on behalf of the person or persons entitled half of their cestui que trusts, whether femes covert, infants, or issue n reversion, remainder, or expectancy after them, and for and on beand for all femes covert who are or shall be seised of or interested in anborn, lunatics, idiots, or other person or persons whomsoever, and to heir own right, and to and for all and every person or persons whomoever, who are or shall be possessed of or interested in any such lands, enements, hereditaments, or premises, or who shall sustain any damage, e taking or pulling down of such dwelling-house or other building, or give their consent in writing to the said trustees or commissioners, for he making such deviation of more than one hundred yards as aforesaid, or the making use of such garden, yard, paddock, park, planted walk, wvenue, or other such premises as aforesaid, and to contract with the said be made for the same, or for such damages as aforesaid, and by conveyrustees or commissioners for the sale thereof, or for the satisfaction to ince, lease and release, or bargain and sale, to sell and convey unto the aid trustees or commissioners all or any such lands, tenements, herediiments, or premises, or any part thereof, for the purposes aforesaid; and 1 contracts, sales, and conveyances which shall be so made, shall be od, valid, and effectual, to all intents and purposes, without fine or rewery, and shall be a complete bar to all estates tail and other estates, ghts, titles, trusts, and interests whatsoever, any law, statute, usage, istom, or other matter to the contrary notwithstanding; and all such dies politic, corporate, or collegiate, corporations aggregate or sole, ittees for life or in tail, husbands, guardians, trustees, feoffees, comittees, executors, administrators, and all other persons, shall be and are reby indemnified for what they or any of them shall do by virtue or pursuance of this act: Provided always, that nothing herein contained Proviso as to acts all extend, or be deemed, taken, or construed to extend to revoke, limit, in force at the time ridge, alter, or vary any powers or authorities contained in any act or ets of Parliament existing and in force at the passing of this act, for aking, altering, or diverting the contrary any turnpike road or roads, or the course notwithstanding." of passing the act. roads (a). hereof, to be made, altered, or diverted and maintained under the aubority of such acts, but the same powers and authorities shall and may ointed by such acts, fully and effectually; any thing herein contained #exercised and carried into effect by the trustees or commissioners apSect. 66. "In all cases where the trustees or commissioners of any Trustees to fence urnpike road shall turn or alter any part or parts of such turnpike oad, or make any new road over and through any private grounds, or videning or improving any such road, the said trustees or commissioners cross any public or private footway, or shall take away any fence for hall make, or cause to be made and planted, proper quickset hedges, or shall make or build proper fences or walls on both sides of such new made road, or on the side upon which any such fence may be so removed as aforesaid, with sufficient ditches to the same, and sufficient posts and rails, or other fence, on both sides of such quickset hedges, to protect the growth thereof, so as effectually to guard and fence off the lands ad joining any such road from trespass or injury by horses, asses, cattle, sheep, or swine; and also proper gates, stiles, posts, bridges, and arches, (a) See the case of Winter v. Charter, 3 Y. & J. 308, post, 694. |