Persons exempt repairs, to divide more than twelve per cent on its capital actually paid in cash. 1 R. S., 1105, § 106; as amended, Laws of 1854, ch. 87, § 3. § 636. The following persons and no others are exempt from payment of toll on any plankroad or turnpike : 1. Persons going to or from religious meetings held at the place where they usually attend for worship, in the town where they reside or an adjoining town, or within eight miles of their residence; 2. Persons going to or from any funeral, and all funeral processions, except that on the Williamsburgh and Cypress Hills plankroad, the exemption as to funeral processions shall only extend to the hearse and three carriages; 3. Troops in actual service of the state or of the United States, and persons going to or from a militia training which by law they are required to attend; 4. Persons going to any town meeting or general election at which they are entitled to vote, and for the purpose of voting, or returning therefrom; 5. Persons living within a mile of any gate by the most usually traveled road, may pass it at onehalf toll, when not engaged in the transportation of others or the property of others; 6. Farmers living on their farms within one mile of any gate, by the most usually traveled road, may pass it free when going to or from their work on such farms. 1 R. S., 1106, § 108. Collection of tolls. § 637. The toll gatherer may prevent from pass- Clo ing his gate any person, vehicle or animal, liable to toll unless the toll is paid; but if he unreasonably delays any passenger liable to the payment of toll, or demands and receives from any person more toll than by law he is authorized to collect, he is liable to a penalty of five dollars for each offense, to be recovered by the person aggrieved. Ib., 1090, § 35; 1110, § 126; 1093, § 53. 638. Any person who falsely claims to be Penalties. exempt, or who, being liable to pay toll, passes a gate, either over the road or by turning off over adjacent ground and again entering the road, without payment and with intent to avoid payment, is liable to a penalty of ten dollars for each offense. Any person who, being liable to pay toll, forcibly or fraudulently passes a gate without paying it, is liable to a penalty of twenty-five dollars for each offense, in addition to any damages caused by him. 1 R. S., 1106, § 111; 1094, § 58; Ib., § 57, subd. 4; Laws of 1855, ch. 485, § 3. There may be some difference of opinion as to whether the penalty for falsely claiming exemption was Commuta tion. Injuries and obstructions. Encroachments. not repealed by the act of 1850 (1 R. S., 1106, 108), which provided new qualifications for exemption, but imposed no penalty. § 639. Any company may commute, for a term not exceeding one year at a time, with any person, for the toll payable at the nearest gate on each side of his place of residence. From 1 R. S., 1049, § 55. § 640. Any person who injures or obstructs, or causes any act which injures or obstructs, the road-bed, ditch, drain or culvert, or diverts any stream of water so as to endanger the same, is liable to a penalty of five dollars in addition to the damages. Any person who designedly leaves, or causes to be left, any material within any turnpike or plankroad in such a way as to obstruct or endanger travelers, and neglects to remove it within forty-eight hours after written notice from a director to do so, is liable to a penalty of ten dollars for every twenty-four hours of neglect after such notice. Laws of 1855, ch. 485, §§ 1, 2. § 641. On application by an officer of any company, any inspector shall inquire into any alleged encroachment by any fence or other building upon the lands of the company, and, if found to exist, shall order it to be removed within a period to be specified by him, not less than twenty days nor more than ninety; but an encroachment shall not be required to be removed between the first day of December and the first day of April ensu , unless the same obstruct the free passage of the road. Every person who neglects to remove an encroachment within the time specified, is liable to a penalty of five dollars for every day of such neglect. Laws of 1855, ch. 485, § 4. how recovered. § 642. The penalties of this article are recover- Penalties, able, except where otherwise provided, by the company in respect of whose road they are incurred. An action for such penalties and an action for trespass on or injury to such roads, may be maintained in the county where the act was done or in that where the defendant resides. From Laws of 1849, ch. 250, § 9. ARTICLE III. INSPECTION AND REPAIRS. SECTION 643. Inspection. 644. Closing gates. 645. Inspectors to report defects to company. 646. Enforcing obedience. 617. Fees. 643. Every inspector to whom complaint in Inspection. writing is made that any part of a turnpike or plankroad in his county, or any part of such road the gate nearest to which is in his county, is out of repair, shall examine it without delay, and give notice of each defect, particularly describing the same to the person attending the gate nearest Closing gates. Inspectors to report defects to thereto. After three days after the service of such notice the inspector may, in his discretion, order such gate to be thrown open. 1 R. S., 1092, §§ 44, 46. § 644. A gate so ordered to be opened shall not be shut, nor any toll be collected thereat, until one of the inspectors for the county has granted a certificate that the road is in sufficient repair, and that such gate ought to be closed. Any gatekeeper violating this section or the order given pursuant to the preceding section, is liable in a penalty of ten dollars for each offense, to be recovered by the party aggrieved. Ib., §§ 45, 47. § 645. Every inspector, who, upon due examicompany. nation, discovers a defect in any such road within his county, or a gate placed in a situation contrary to law, shall give written notice thereof to one or more of the directors of the company, requiring the defective road to be repaired or the gate removed within a specified time; and in his discretion may order that in the meantime the gates, or such as he specifies, be thrown open. Enforcing obedience. Ib., 1093, § 48, 49. § 646. If such notice be not obeyed, the inspector shall make immediate complaint to the attorney-general or the district attorney for the county, who shall prosecute the company, in the name of the people; and if it is convicted of |