gates. I. These rates are for gates standing five miles apart, and Distancebetween in that proportion for a less distance; but when there is a fraction of a road, of a mile or more, less than five miles, toll may be charged at the gate next thereto for the fraction in the proportion that its length bears to five miles. vance, &c. 2. All tolls are to be paid at the several gates at the time To be paid in adthey are passed, or in advance, unless, by agreement with the managers of the road, a special permit is obtained to pass for a month or other longer term, not exceeding a year. If not so paid, the gate-keeper may stop any person and prevent him or his property from passing till payment is made. General Traveling. 3. For every horse or mule, and rider, five cents. For each head of cattle, two cents. For each head of hogs, one half cent. For each head of sheep, one quarter cent. For each vehicle drawn by one horse or mule, ten cents. For each vehicle drawn by two horses, mules, or oxen, twenty cents. For each pleasure carriage or hackney coach drawn by two horses or mules, twenty-five cents. For same when drawn by four horses or mules, thirty cents. For each sleigh drawn by one or two horses or mules, fifteen cents. For each wagon drawn by three horses, mules, or oxen, thirty cents. For same drawn by four animals, fifty cents. For same drawn by five animals, sixty cents. For same drawn by six animals, seventy-five cents. But empty wagons, or such as have no other loading than provender for the team, shall pay only half these rates. For each stage coach having seats within for six passengers, thirty-five cents. For same for nine passengers, fifty-five cents. For same for twelve passengers, seventy-five cents. And two cents in addition on any such for every passenger over four. pel may pass free. Broad-tread or tire. For each wagon with four animals, of four-inch tread or over, thirty-five cents. For same with five animals, fifty cents. For same with six animals, sixty cents. Neighborhood travel, or hauling with common tire or tread. For each wagon or cart drawn by two animals, and loaded with nothing but the produce of the farm, for a trip, going and returning, thirty-five cents. For same drawn by three animals, forty-five cents. For same drawn by five animals, seventy-five cents. Neighborhood hauling with broad-tread. For each wagon loaded as above, drawn by four animals, for every trip, fifty cents. For same drawn by five animals, sixty cents. For same drawn by six animals, eighty-five cents. 4. The managers of any road in which the State has an Ministers of gos- interest may permit ministers of the gospel to travel on the road without paying toll, when on ministerial duty; and shall charge no toll against scholars going to or from school, or to persons who are going to or from their accustomed place of worship. organized. § 5. Companies, for the purposes contemplated in this How companies chapter, may be organized as provided in this revision, under the chapter of "Incorporated Companies, how Formed." § 6. If the road in any part becomes impassable, the gateIf road impassa- keeper for the five miles within which the defect exists shall, immediately on notice thereof, cease to demand toll until the road is repaired. For failure herein the company shall be fined fifty dollars a day for every day in which toll is so improperly received or demanded. ble, no tolls to be charged. Penalty for suf fering road to re main unfit for travel. § 7. If the road becomes unfit for public travel, and so remains for four days, the company shall be fined fifty dollars a day for every day it is suffered so to remain, and during which any toll is received or demanded. 8. If the road is suffered to remain so out of repair for When charter thirty days, upon conviction thereof in the circuit court, under an indictment of the grand jury, the charter of the may be forfeited. company, with all its franchises, shall be adjudged to be forfeited. The right of way shall be ordered to revert to those from whom it was obtained, or their heirs or assigns, or the road shall be transferred to the county, to be kept up as a common county highway, as to the court may seem most just and expedient. require an oath. § 9. The toll-gate keeper of any road or chartered Bridge Gate-keeper may may require any person wishing to pass any gate or bridge to truly state, on oath, to be administered by him, the distance traveled or intended to be traveled on the road, and the number contained in any drove of stock, with whatever else may be necessary to ascertain the true amount of toll that should be paid. Any person refusing to give such information, under oath, when required, shall be fined ten dollars. punished. § 10. Whoever shall defraud or attempt to defraud the Shun pike, how company, by going around a toll-gate, or otherwise evade or attempt to evade the payment of tolls, or to lessen the amount of tolls fairly payable by him, shall, for every such offense, be fined ten dollars. Injuries to road, ished. &c.-how pun § II. Whoever shall willfully break, deface, pull down, or remove any mile-post or stone, or any direction post, or the board thereof, or any printed list of the rates of toll affixed at a toll-gate put up on or near any turnpike or plank road, shall be fined from five to ten dollars for every such offense. 12. Whoever shall ride or drive across a wooden bridge Penalty for fast of any such road faster than a walk, shall, for every such offense, be fined from one to five dollars. 13. No lateral road shall be opened to and from the same places now connected by any turnpike, gravel, or plank road, or which may be hereafter so connected, so as to run within one mile of such road; and any such lateral road now in use, or which may hereafter be in use, shall, by order of the county court, be shut up and closed. But such lateral roads shall not be precluded from so running as near as a mile for the distance of one mile from any town or city. (a) driving on bridge No lateral road within one mile of. (a) Section 28, chapter 103, of the Revised Statutes, is imperative, and the inconvenience arising to individuals from the discontinuance of lateral roads, cannot be the subject of inquiry in the county court. Individual grievances that might be occasioned by the closing of such lateral roads cannot form an exception to the statute. (Black vs. Germantown and Hamilton Turnpike Road Company, MS. Opinion, 1854; Campbell Turnpike Road Company vs. Dye, &c., 18 B. M., 767.) Proceedings under writ of ad quod damnum. 14. A writ of ad quod damnum issued under authority of this chapter shall designate the land or property to be condemned, and may include that of several persons, and shall be directed to the sheriff of the county in which it is situated. 1. It shall direct him to hold an inquest by a jury of twelve impartial and discreet freeholders of his county, at or near the land or property, to ascertain the amount of damage each owner will severally sustain if it be condemned for the use of the road. 2. The owner, or his guardian or committee, must have five days' written notice of the time and place of holding the inquest, if he reside in the county; if he reside in another county, twenty days' notice; and if he does not reside in the State, or is not known, thirty days' notice, by posting at the court-house door on a county court day, and by advertisement twice published in a newspaper printed in the county, or in an adjoining county, if there be any such paper. 3. Besides challenges for interest or kinship, each party may challenge three jurors without cause. 4. The jurors shall be sworn truly and impartially to ascertain and determine by their inquest the amount of compensation each owner will be entitled to if his land or property, as named in the writ, is condemned. 5. The inquest shall be signed by each juror, handed to the sheriff, and returned by him, with the writ, within three days, to the clerk of the court. 6. If the jury cannot agree, the sheriff may discharge it and summon another jury or other juries; and if from that or any other cause the inquest cannot be completed on the day appointed by him, he may adjourn it from time to time until it is completed, without further notice than his proclamation made at the time. 7. The jury shall allow the fair cash value of the land or property proposed to be taken, and also fair compensation for any incidental or collateral damage which the taking of it will produce to the other land of the owner; but from such incidental or collateral damage shall be deducted the amount, in value, of the benefit which such other land will derive from the making of the road. 15. Either party may, within ten days after the finding of the inquest, file a traverse thereof with the clerk of the circuit court; whereupon the case shall be docketed for the next term, and shall be tried at that term, if it is in ten days after the inquest; otherwise, at the next term. It shall be tried by a jury of freeholders empanneled for that purpose. The party failing on the traverse shall pay the cost thereof, and the party traversing fails when the verdict traversed is not increased or diminished, as his interest may require. The costs of the inquest, up to the traverse, shall, in all cases, be paid by the party asking the condemnation. Inquest may be traversed, & how proceedings had on traverse. § 16. Either party may have the decision revised in the Appeal. Court of Appeals, by appeal; but no appeal or supersedeas on behalf of the owner of the property shall stay the judgment further than in the collection of costs against him. § 17. Upon proof of payment of the damages found by the inquest, or under the traverse, or payment thereof into court for the use of the owner, or where none or merely nominal damages are found, the court shall confirm the inquest or verdict on the traverse, which confirmation shall vest the right to the property in the Commonwealth or the corporation asking its condemnation, for the use of the road, and a writ of possession may at any time issue therefor. § 18. If the damages assessed are not paid before the end of six months next ensuing the verdict under the inquest, when not traversed, or that under the traverse, the applicant shall be considered as having abandoned all right to the condemnation, and shall never thereafter have another proceeding for the condemnation of the same property. 19. When a right of way is necessary for hauling any material condemned for the use of the road, the inquest shall state that the same is allowed and the same estimated in the damage given, if the land over which the right of way passes belongs to the owner of the material; and if to another, then there shall be a separate assessment therefor, in favor of such other. The inquest must designate briefly, by general description, the route or routes by which the right of way shall be used. § 20. Any person who shall hinder or attempt to prevent the use of any right derived from the condemnation shall pay the company double damages and costs; and any person who threatens so to hinder by violence, may be brought On payment of damages, inquest must be confirm ed, and title vests in company. If not paid in six tion abandoned. months, applica Inquest may em brace lands nec essary for a road to haul material to road-bed. Damages for hin dering enjoyment of right secured by inquest. |