CHAP. 79. foreign corporation, and a copy of the power of attorney given him by the corporation. Penalty for neg- SECT. 31. If any person shall make, or renew, any policy of insurance with any person in this state, contrary to the provisions of the foregoing section, he shall forfeit, for every such offence, three hundred dollars, to be recovered in an action of debt; one half to him who may sue therefor, and the other half to the state. Viewing com mittee, on ap plication for a turnpike. 1821, 138, § 1. CHAPTER 80. OF TURNPIKE CORPORATIONS, AND TOLL BRIDGES. SECT. 1. Viewing committee, on applica- | SECT. 21. Penalty, for demanding illegal SECTION 1. Whenever any application shall be made for a turnpike road, a committee shall first be appointed by the legislature, to view, at the expense of the petitioners, the route proposed by them; and the committee shall, before they proceed to view any proposed road, give public notice of the time and place of their meeting, by publishing the same in some newspaper printed in the county, in which the road is proposed to be made; and if no newspaper is there printed, the said notice shall be given in such manner, as the committee shall think, will cause the same to be generally known to all persons interested; and they shall further give notice, in writing, to one or more of the selectmen of each town, through which they propose to view, and of the time, when they shall make their report to the legislature. CHAP. 80. county commis SECT. 2. Whenever any grant is made for a turnpike road, and Turnpike to be application is made to the county commissioners in the county, in located by the which such road is situated, the said commissioners shall exercise sioners. the powers, and perform the duties, provided by law in the laying out of highways. SECT. 3. If any turnpike corporation shall neglect to complete To be complettheir road, within three years from the date of their act of incorporation, the same shall be void. ed within three years. 1821, 138, § 22. Officers and SECT. 4. The first meeting of any turnpike corporation, here- First meeting, after established, shall be held at such time and place, as shall be how called. agreed on by a major part of the persons, to whom the grant of a proceedings. charter is made, for the purpose of choosing a clerk, who shall be 1821, 138, § 16. duly sworn, and such other officers as may be agreed on by such corporation; and at that, or any subsequent meeting, said corporation may make reasonable by laws, not repugnant to the constitution and laws of the state, for the well ordering of their affairs. Said first meeting may be called by publishing notice thereof, by the persons appointing the time and place, in some newspaper printed near the route of the intended road, at least two weeks before said meeting. damages. SECT. 5. Every turnpike corporation shall pay all sums, that Estimation and may be assessed according to law, for damages for laying out such payment of turnpike road; saving always to either party, so far as respects the 1821, 138, § 2. damages only, the right of trial by jury, unless a committee be mutually agreed upon, according to the provisions of chapter, twenty five, relating to the laying out of highways; and in such cases, the turnpike corporation shall incur the same liabilities, and have the same rights, as to costs, as counties in the laying out of county roads. SECT. 6. Any turnpike corporation may purchase and hold the lands, over which they shall make their road. SECT. 7. No turnpike road, hereafter granted, shall be less than four rods wide; and the traveled part thereof shall not be less than twenty four feet wide in any part. SECT. 8. No turnpike corporation, hereafter established, without the consent of the owner of any land over which their road is to pass, shall throw open any fences or inclosures upon the same, or remove any buildings, or cut down any trees, thercon standing, or make such road, or in any way injure the property of such owner, until the damages, done by the passing of the road over such land, shall have been first duly ascertained and paid, or tendered to the person entitled to receive the same; or, if said owner cannot be found within the state, until the same shall have been deposited to his use with the clerk of the county commissioners; provided however, that the officers of such corporation, or its agents or servants may enter on any such land, for the purpose of surveying and laying out the roads, and not otherwise. SECT. 9. When any turnpike road, hereafter established, shall intersect any then existing highway or town way, the proprietors Corporation may purchase the land. 1821, 138, § 2. Width of road. 1821, 138, § 2. Damages to be paid, before 1821, 138, § 19. road is opened. How to be built, when crossing a highway. 1821, 138, § 9. CHAP. 80. of such turnpike road shall so construct the same, that it shall be convenient for travelers, to pass from such way to such turnpike road. Tolls, when and where demanded. SECT. 10. All turnpike corporations, hereafter established, whenever their roads shall be sufficiently made and approved by the 1821, 138, § 3,4. commissioners of the county, where said road is situated, may erect gates in such places, as said commissioners may direct, and demand and receive of each traveler or passenger, at each of said gates, the following rates of toll, viz: for each chariot, phaeton or other four wheel spring carriage drawn by two horses, twenty five cents; and, if drawn by more than two horses, two cents for each additional horse; for every wagon drawn by two horses, ten cents; and, if drawn by more than two, two cents for each additional horse; for every cart or wagon drawn by two oxen, ten cents, and, if by more than two, twelve and a half cents; if by more than four oxen or horses, two cents for each additional ox or horse; for every curricle, fifteen cents; for every chaise, chair, sulkey or other carriage for pleasure, drawn by one horse, twelve and a half cents each; for every cart, wagon or truck, drawn by one horse, six cents and a quarter; for every man and horse, four cents; for every sleigh or sled, drawn by two oxen or horses, eight cents; and, if drawn by more than two oxen or horses, one cent, for each ox or horse; for every sleigh or sled, drawn by one horse, four cents; for all horses, mules or neat cattle, led or driven, besides those in teams or carriages, one cent, each; for all sheep or swine at the rate of three cents, by the dozen: provided, that no turnpike gate, where full toll is to be taken, shall be erected within fifteen miles of any other turnpike gate, on the same road, unless expressly authorized by the legislature; nor shall any such gate be erected by said turnpike corporation on any county or town way, previously established. Commutation of tolls. 1821, 138, § 4. Deduction on broad rimmed wheels. SECT. 11. Any turnpike corporation may commute the rates of toll with any person, by annually taking of him a certain sum, to be mutually agreed on. SECT. 12. Carts and wagons, having wheels, the felloes of which shall be six inches broad or more, shall be subject to pay 1821, 138, § 4. only half the toll, which carts and wagons, otherwise constructed, are liable to pay. Sign boards, with rates of toll. SECT. 13. All turnpike corporations shall erect, and keep exposed to view, in some conspicuous place, at every gate, where 1821, 138, 4. the toll is collected, a sign board, with all the rates of toll fairly and legibly written or painted on a white ground, in black letters of a large size. If they neglect so to do, they shall not be entitled to receive toll at such [a] gate during such neglect. 3 Pick. 342. Exemptions from toll in cer tain cases. 1821, 138, § 5. 4 Pick. 388. SECT. 14. No toll shall be receivable at any turnpike gate, from any foot passenger, nor from any person, riding to his usual place of public worship, or passing such gate in any mode on military duty, nor from any elector going to, or returning from any town meeting, for the choice of electors of president and vice president, or for the choice of governor, senators or representative to congress, or to the state legislature, nor from any person residing in the town where such gate may be placed, unless he is going, or returning from, beyond the limits of said town, nor for any person going to or from any place, on the common and ordinary business CHAP. 80. of a family. 1836, 213. SECT. 15. The officers, soldiers and musicians of all military Same subject. companies, together with their ordnance and equipage, on days of 1821, 138, § 5. training or review, while under arms or in going to, or returning from their place of parade, and all persons going to or from any funeral, or to or from public worship, on the sabbath, may pass over, and upon any toll bridge or turnpike road, free of toll. SECT. 16. Every traveler claiming to pass any turnpike gate or Persons extoll bridge, free of toll, shall communicate to the toll gatherer, empted, to inhis name and place of abode, if required by him. Whoever shall gatherer. refuse or omit so to do, or shall wilfully render a false answer, and thereby evade the payment of his legal toll, shall forfeit, to the use of the proprietors of such turnpike or bridge, the sum of ten dollars, to be recovered in an action of debt. form the toll 1821, 138, § 6. and droves of ses. cor SECT. 17. If any person, driving neat cattle or horses over any Restrictions on tumpike bridge, or over any toll bridge, which shall be more than weight of teams, fifty feet in length, from one abutment, pier or trussel part to another, cattle and horshall, without the consent of the toll gatherer or agent of the poration, owning such bridge, permit more than twenty neat cattle 1821, 138, § 14. or horses to be on such bridge, at one and the same time; or if any person shall, without such consent, drive or transport over any such bridge, any loaded cart or wagon, or other carriage, the weight whereof shall exceed forty five hundred pounds, exclusive of the team and carriage, and shall thereby break down or injure such bridge; such person or the owner of such neat cattle, horses, cart, wagon, carriage or load shall not recover any damages for his own injury or loss against such corporation. SECT. 18. If any turnpike or bridge corporation, or any agent Penalty for dethereof, shall unreasonably delay or hinder any person, driving any laying travelers. 1821, 138, § 3. cart or wagon, sleigh or other carriage, from passing any turnpike gate or toll gate, such corporation shall forfeit and pay to such person, so delayed or hindered, not less than two dollars, nor more than twenty dollars; to be recovered by a special action on the case. SECT. 19. No more than two persons and children with them, not received for the purpose of evading the payment of toll, shall have a right to pass any toll bridge in any wagon free of the toll, payable by foot passengers, in addition to the toll due on such wagon. Only two persons and chil dren, to pass in a wagon, toll free. SECT. 20. If any person, with his horse, team or cattle, shall Penalty, for turn out of such road to pass any turnpike gate, with intent to avoid turning out, to avoid paying paying the toll, and again enter on said road, he shall forfeit and tolls. pay treble the toll, which would have been payable at such gate, 1821, 138, § 5. to the use of the corporation; and recoverable in an action of trespass on the case. toll. SECT. 21. If any turnpike corporation, their toll gatherer, or Penalty, for deany other person in their employ, shall demand or receive more toll manding illegal than the rate, by law established, the said corporation shall forfeit 1821, 138, § 7. a sum, not exceeding ten dollars, nor less than two dollars, for the use of the person of whom the same is demanded or received; recoverable in an action on the case, CHAP. 80. Liability, for defects in roads 1821, 138, § 7. or bridges. 4 Pick. 341. Width of fel wheels. loes of loaded 1821, 138, § 12. Certain teamsters to tell the weight of their load. 1821, 138, § 12. Teamsters not to lock their wheels without a shoe. SECT. 22. Every turnpike corporation shall be liable to be indicted, for defect of any of its bridges, or want of repair in its roads. If any person, liable to the payment of toll, shall sustain any injury of himself or property, from deficiency in want of repair in said bridge or road, said corporation shall be answerable to such person for the same in damages, in an action on the case. SECT. 23. All loaded carts or wagons, passing on any turnpike road, and carrying more than forty five hundred pounds, shall be drawn on wheels having each a felloe, not less than three and a half inches wide. If any person shall pass on any turnpike road with a cart or wagon, loaded as aforesaid, and drawn on wheels having narrower felloes than aforesaid, he shall pay to the corporation, owning said road, three times the stated toll for such cart or wagon. SECT. 24. Every person, passing on any turnpike road, and driving or having the care of a loaded cart or wagon, with wheels, the felloes of which are less than three and a half inches wide, shall, upon the request of the toll gatherer, give a true account of the weight of the load, and also his name and place of abode; and, if he shall refuse so to do, or shall make any misrepresentation, with an intent to defraud the corporation, he shall forfeit, to the use of such corporation, ten dollars. SECT. 25. If any person driving, or having the care of, any loaded cart or wagon, passing on any turnpike road, shall lock, chain or fasten any of the wheels of such cart or wagon, without putting, 1821, 138, § 15. under said wheel, a shoe, not less than six inches wide and twelve inches long, he shall, for such offence, forfeit, to the use of the corporation owning said road, not less than two dollars, nor more than twenty dollars. Penalty, for to avoid a turn SECT. 26. If any person shall open or make any road or passmaking a road, way, other than a county road duly located, leading from any turnpike gate. pike road, and shall reunite said road or passway, with such turnpike 1821, 138, § 13. road, or with any road connected with the same, for the purpose of avoiding, or aiding others to avoid, any gate on such turnpike road, he shall forfeit, to the use of the turnpike corporation, so intended to be injured, a sum, not less than two hundred dollars, nor more than one thousand dollars. Measures to be taken for removal of gates. SECT. 27. The county commissioners in any county, where a turnpike gate, belonging to any corporation, is placed, on petition 1821, 138, § 17. from such corporation or the directors thereof, stating the reasons therefor, may authorize the removal of such gate to any other place in the county, which they judge expedient. In such case, the commissioners shall give public notice of the time, place and object of their meeting, by advertising in such public newspaper, as they may think proper, ten days at least before the time appointed for such meeting; at which meeting they shall view the places, where the gate is placed, and to which it is intended to be removed, and all persons interested may be heard. The commissioners shall, thereupon, order their doings to be duly entered on their records at their next regular session; provided, that all expenses, attending any of the proceedings, shall be defrayed by the petitioners. Proceedings, if turnpike be out of repair. 1821, 138, § 18. SECT. 28. Whenever any turnpike road shall be suffered to be out of repair, the county commissioners, in the county where the |