to provide and keep in repair ferry-boats, which in the judgment of the selectmen, who shall appoint him, are suitable and proper for such ferry; and if any person shall neglect to provide and keep such ferry-boats in repair, for the term of one month, he shall forfeit his right to keep such ferry; and it shall be the duty of the selectmen in such case to appoint some other person in his place.

SECT. 7. If a person appointed to keep a ferry shall unreasonably neglect or refuse to convey any person, horse, carriage, cattle or other property, over any river, creek, pond or lake, where the ferry is established, which he is appointed to keep, such ferryman, for every such neglect, shall, as a penalty, forfeit and pay to the treasurer of the town, in which the offence shall be committed, a sum not exceeding twenty dollars, nor less than two dollars, to be recovered by the selectmen, in any proper action in the name of the town with costs; and the party injured shall be entitled to recover from such ferryman all such damages as he may sustain, with costs.

SECTION

CHAPTER 25.

TURNPIKES.

COMPILED FROM

Chap. 23* of the Revised Statutes, pp. 144-146.

1. Turnpike corporation may hold real estate. 2. Liable for hindering travellers, or demanding illegal toll.

3. To erect and keep a board with rates of toll. 4, 5. Penalties for certain acts.

SECTION

66 380-384.
13-14.

13. Account of inspectors to be allowed by county court.

14. Inspectors to give notice before making order.

15. Inspectors may regulate toll.

6. Turnpike corporation liable for damages, 16. Order of inspectors and judges to be filed &c. May be indicted, &c.

TURNPIKE INSPECTORS.

with county clerk.

ASSIGNMENT TO TOWNS.

7. County court to appoint turnpike inspectors. 17. Turnpike corporations may assign stock to 8. Powers and duty of inspectors.

towns.

privilege not to exceed five years.

11. County court may remove inspectors and 20. Towns may take tolls until reimbursed; fill vacancies.

12. By whom costs to be paid.

SECTION 1. Any turnpike corporation may purchase, hold and convey real estate sufficient for the accommodation of toll gatherers. (Sec. 10 of R. S.*)

SECT. 2. If any turnpike corporation, or any toll gatherer or other person in the employment of such corporation, shall unreason

*The first six sections are from the 79th, and the succeeding eleven sections from the 23d chapter of the Revised Statutes.

ably hinder or delay any traveller at any of its gates, or shall demand and receive more toll than is allowed by law, such corporation shall forfeit and pay, to the person injured, a sum not exceeding ten dollars nor less than one dollar, and shall be further liable to pay all damages to the person injured, to be recovered with full costs in an action on the case. (Sec. 11 of R. S.)

SECT. 3. Every turnpike corporation shall, at every place where toll shall be collected, erect and keep constantly exposed to view, a board, with the rates of toll fairly and legibly written thereon. (Sec. 12 of R. S.)

SECT. 4. If any person shall cut, break down or otherwise destroy any such board, or any turnpike gate, or remove any earth, stone or timber on any turnpike road, to the damage of the same, or shall forcibly pass, or attempt to pass by force, any turnpike gate without first having paid the legal toll at such gate, he shall pay all damages and forfeit and pay a sum not exceeding fifty dollars nor less than one dollar, to be recovered by such corporation, with costs, in an action on the case. (Sec. 13 of R. S.)

SECT. 5. If any person, with his carriage, cattle or horse, shall turn out of any turnpike road to pass any gate, and again enter such road with intent to evade the payment of the toll allowed by law, he shall forfeit and pay, to the corporation injured thereby, three times the amount of such toll, to be recovered with full costs in an action on the case. (Sec. 14 of R. S.)

SECT. 6. Every turnpike corporation shall be liable to pay all damages, which may happen to any person from the neglect of any bridge, or want of repair of the road of such corporation, after the same shall have been approved, and shall be liable to presentment by the grand jury for not keeping the same in repair, and to be fined in the discretion of the court. (Sec. 15 of R. S.)

TURNPIKE INSPECTORS.

SECT. 7. It shall be the duty of the county court in any county, in which there shall be any turnpike or part of a turnpike located, annually, at their session next after the first day of December, to appoint three judicious freeholders, (see § 14 of chap. 15) to be inspectors of turnpike roads in such county; and the inspectors so appointed, before they enter upon the duties of their office, shall make oath faithfully to execute their trust as inspectors of turnpikes in such county, and that they are not directly or indirectly interested in any turnpike road whatever. (Sec. 1 of R. S.*)

SECT. 8. It shall be the duty of such inspectors, on application in writing of three or more freeholders of this state, to inspect any turnpike road within the limits of their respective counties; and if, on examination, it shall be the opinion of a majority of them, that such turnpike road is not in such repair as it reasonably ought to be, they may order such repairs on such road as they may deem just and reasonable, and may set open, and use effectual means to keep open, any gates erected on such turnpike road, within the limits of

* Secs. 7 to 17 are from the 23d chapter of the Rev. Stat.

such county or of an adjoining county, until the repairs, ordered by them, shall be made; or they may, in their discretion, give to the corporation owning such road a reasonable time to make such repairs, before setting open such gates, as from the circumstances of the case shall appear just and reasonable. (Sec. 2 of R. S.)

SECT. 9. If any such corporation, or its directors, shall be dissatisfied with any order of such inspectors, they may make application to two or more of the judges of the county court in the same county, who shall be authorized to reinspect such road and to make final order in relation to it, and, if they see cause, may direct such gates to be shut. (Sec. 3 of R. S.)

SECT. 10. If any person shall molest or obstruct any inspector of turnpikes in opening, or fastening open any gate, on any turnpike road, or shall shut any such gate before receiving permission from the inspectors, or from two judges of the county court, the person, so offending, shall forfeit and pay to the treasurer of the state a fine not exceeding two hundred dollars. (Sec. 4 of R. S.)

SECT. 11. If it shall be made to appear to any two judges of the county court, that any inspector of turnpikes in the same county shall have become interested in any turnpike road whatever, such judges shall be authorized to remove such inspector, and declare his office vacated; and it shall be the duty of such judges immediately to fill the vacancy; and any two judges of the county court may fill any vacancy, which shall happen in the office of inspector. (Sec. 5 of R. S.)

SECT. 12. If the inspectors shall judge it proper to order any repairs on any turnpike road, the costs and expenses of inspection shall be paid by the corporation owning the turnpike, otherwise they shall be paid by the persons making the application. (Sec. 6 of R. S.)

SECT. 13. The inspectors of turnpikes in each county shall, annually, at the session of the county court, in which their year shall expire, lay before such court a correct account of their services for the preceding year, and the judges shall audit and allow the same, and make an order for the payment of such sum, as shall be reasonable, against the corporation, or applicants, as the case may be, and if the sum allowed shall not be paid within thirty days, execution may be issued for the same. (Sec. 7 of R. S.)

SECT. 14. Before the inspectors shall make any order in relation to any turnpike road, they shall cause notice of the time and place of hearing to be given to the clerk or some other officer of the corporation; and, before the judges of the county court shall make any order reversing the decision of the inspectors, they shall cause like notice to be given to one or more of the complainants, as well as to an officer of the corporation. (Sec. 8 of R. S.)

SECT. 15. The turnpike inspectors shall have power to examine the rates of toll, established at the several gates on any turnpike road located in their county, and may diminish the rates of toll at any one gate provided, they shall authorize the toll of any other gate, on such road, to be raised in proportion, always taking into consideration the distance on such road, for which the toll shall be received. (Sec. 9 of R. S.)

SECT. 16. All orders and decisions of the inspectors and the judges of the county court in relation to turnpike roads, under the provisions of this chapter, shall be in writing, and filed in the office of the clerk of the county court, and a copy thereof shall be furnished by the judges or inspectors to the clerk of the turnpike corporation. (Sec. 10 of R. S.)

ASSIGNMENT TO TOWNS.

SECT. 17. Any turnpike corporation may, in their discretion assign or transfer the stock of such corporation to one or more towns, through which the turnpike road may pass, on such conditions as may be agreed upon, and in the manner prescribed in the by-laws or otherwise, as may be agreed; and such town shall succeed to all the rights of such corporation, and be subject to all the liabilities in relation to the repairs on such road, and may receive the tolls allowed by law for such time as may be agreed upon, or until the sum stipulated between the parties, shall be thereby raised; after which such road shall become free, and be deemed a public highway. (Sec. 11 of R. S.)

SECT. 18. On the application of the agent of any turnpike company within this state, it shall be the duty of the turnpike inspectors in their respective counties to divide such turnpike road into sections, apportioning to each gate, if there be more than one, an equal part, having regard to the expense of making and keeping the same in repair. (Sec. 1 of No. 23 of 1845.)

SECT. 19. It shall be lawful for any town or towns to purchase of said turnpike company the whole or any section or sections of such turnpike road so divided, situated within the limits of said town or towns, for the purpose of rendering the same free, and thereupon such road, or section or sections of such road, so purchased, shall cease to be corporate property, and become a county or town road as the case may be. (Sec. 2 of No. 23 of 1845.)

SECT. 20. The town or towns so purchasing said road may, if necessary to effect the object proposed, demand and receive the legal toll, at the gate or gates on the road so purchased, until the same. shall reimburse the purchase money, they assuming all the duties. and liabilities of the original corporation: provided, that such right of toll shall in no case exceed the term of five years from the time of such purchase. (Sec. 3 of No. 23 of 1845.)

1. All railroad companies subject to provisions 29. Notice upon appraisal of unoccupied lands. of this act.

THEIR INCORPORATION, ORGANIZATION AND

GOVERNMENT.

30. Right of action given in certain cases after two years.

LOCATION OF ROAD AND CHANGES THEREOF.

2. Notice of application to legislature to be 31. Location of road to be recorded within two

published.

3. Location of route to be designated.

4. Government of the corporation.

5, 6. Subscription to the capital stock. 7, 8. Election of directors.

9. Meetings and votes of members.

SHARES AND ASSESSMENTS THEREON.

10. Shares. Their transfer, &c.

11. Assessments on shares.

years.

32. Changes may be made; to be recorded. 33. Damages in such case.

34, 35. Same subject.

CROSSING OF TURNPIKE OR OTHER WAY.

36. Turnpike or other way may pass over or under railroad.

37. Laying of railroad upon turnpike, highway or bridge.

12. Shares not to be issued for less than their 38. Crossing of turnpike or other way. par value.

BONDS.

13. Notes or bonds may be issued.

14. May be negotiated at less than par.
15. Amount and time of payment regulated.

RIGHT TO TAKE LAND, AND PROCEEDINGS
THEREON.

16. Width of road. Right of obtaining stone,
gravel, &c.

17. May take land for depot accommodations.

39. Additional lands may be taken; how appraised, &c.

40. Alterations in turnpikes or other ways, to be recorded.

18. May take lands, materials and water. Mode 43. Commissioners to determine respecting farm

19. Limitations under which said land may be 44. Railroad companies to fence each side of taken.

their road.

20. Commissioners for appraisal of land dam- 45. In case of neglect, person aggrieved may