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CHAPTER III.

OF TOLL-BRIDGES AND DRAW-BRIDGES.

Senate to appoint
commissioners
on toll-bridges,

1862.

missioners on

SECT. 39. The senate shall annually appoint two or more commissioners to inspect every bridge, in this state, at which toll is by law receivable, for the benefit of any person, persons, or corporation, which commissioners shall perform the same duties, have the same powers, in relation to the bridges of which they shall be respectively commissioners, and be entitled to the same compensation, as com missioners on turnpike roads.

SECT. 40. The powers and duties of said commissioners shall Powers of com- include the inspection and supervision of the draws of such bridges, the passage ways through the same, and the guards, and guides, and protections to vessels, passing through such draws.

draw-bridges.

When draw

defective, duties

SECT. 41. If, in the opinion of such commissioners, any such bridge is found bridge is deficient or defective in either of such particulars, they of commission shall make such order, relative thereto, as they shall deem just and reasonable, and in relation to such orders they shall proceed in the same manner, and shall be entitled to the same compensation, as commissioners on turnpike roads.

ers.

Owner of bridge, neglecting order of commission

SECT. 42. In case of the neglect or refusal of the owner of any such bridge to comply with such order, within the time limited by ers, made liable said commissioners, he shall be liable, in an action on the case, to or damages. any individual, for any and all damage he may sustain in consequence of such neglect or refusal, to the same extent as is now provided in his charter for his neglect or refusal to open his draw for the passage of vessels through the same.

Commissioners

may appoint a suitable person to execute their

order.

Draw-bridge in

Hartford, when not to be opened.

1826. Passing drawbridges regula

ted.

Penalty.

SECT. 43. In case of such neglect or refusal as aforesaid, such commissioners shall employ, at the expense of such owner, some suitable person to fulfill their said order; and such person, when he shall have fulfilled such order, to the acceptance of such commissioners, shall be entitled to recover, under this act, the actual cost of the same.

SECT. 44. The draw in the bridge across Connecticut river, in the city of Hartford, for the passage of vessels up and down said river, shall not be raised for the passage of vessels, or for other purposes, between the hours of five and eight o'clock in the morning, on any day.

SECT. 45. Any steamboat or other vessel, when passing the draw of any bridge, shall, before entering such draw, stop the motion which has been communicated by the machinery or sails, and shall warp, or be drawn, through such draw, without the aid of sails or machinery.*

SECT. 46. If any person, commanding or navigating any such boat or vessel, shall violate the next preceding section, he shall forfeit the sum of twenty dollars, one-half to him who shall prosecute to effect, and the other half to the treasury of the town in which the offense shall be committed.

*The owners of a draw-bridge may waive the benefits of this section so far as they are concerned. Toll Bridge v. Betsworth, 30 C. R. 380.

1854.

to be

SECT. 47. No keeper of a toll-gate upon any bridge, or turnpike road, shall exact or receive of any person, for passing such toll-gate, Notal while the any sum of money whatever, while the same shall remain open by gates are open. order of the commissioners upon such bridge or road, in writing, delivered to such gate keeper, and notice to the turnpike company, on penalty of forfeiting seven dollars to him who shall sue for the same, and prosecute his suit to effect.

1864.

Toll for business

SECT. 48. The toll, collected at each toll-bridge, for each business or express wagon, set on springs, and used for transporting or express wagcommodities, shall be the same as that collected at the same bridge ons, on springs, for wagons used for transporting commodities, the body of which is not on springs.

CHAPTER IV.

OF TURNPIKE ROADS..

roads, how appointed.

SECT. 49. The senate, during the session of the general assembly, 1861. shall annually appoint, on each of the turnpike roads which are on turnpike established by law in this state, two, and, when they deem it expedient, may appoint three commissioners, who shall be called commissioners of turnpike roads; and said commissioners shall, before the twentieth day of June, in each year, and at other times, if in their opinion the public good shall require it, carefully inspect the several turnpike roads on which they may be appointed commissioners, as aforesaid; and any vacancy, caused by the death or resignation of any commissioner, during the recess of the general assembly, may be supplied by appointment by the governor, until the next session of said general assembly; and the clerk of the senate, or secretary of the governor, shall give notice of their appointment to the commissioners, as soon as may be.*

missioners.

SECT. 50. Whenever, in the opinion of said commissioners, any Powers of comturnpike road, which it may be their duty to inspect, shall not be kept in good and sufficient repair, such commissioners may order the gate or gates on such road to be opened, and cause that the same remain open, and that no toll be received for passing on said road, until said road shall be placed in such a state of repair as shall be approved by said commissioners; and the commissioners on the several turnpike roads shall give reasonable notice, in writing, to the clerk of the proprietors of such road, of the time when they shall inspect the same, and after such inspection, like notice to the clerk of said company, of any order or orders which they may make relative thereto.

When gates are

SECT. 51. Whenever the gate or gates on any turnpike road are 1844. opened by the commissioners on such road, in consequence of such thrown open, diroad not being kept in good and sufficient repair, the selectmen of fied by selectthe town, or any of the towns, in which the said road is out of men, &c.

* Shares in turnpike roads are real estate. Welles v. Cowles, 2 C. R. 567. Dividends are personal. Welles v. Cowles, 4 C. R. 182. The easment vests in the public. State v. Maine, 27 C. R. 567.

rectors to be noti

Railings to be

&c.

repair, upon the complaint of twenty electors of the town, or either of the towns, through which the said road passes, shall notify the directors of said company, or any one of such directors, of such complaint; and if, after such complaint and notice, said company shall neglect or refuse to put such road in repair, to the acceptance of the commissioners, for the term of thirty days, the selectmen of such town or towns shall, if so directed by a legal meeting of the inhabitants of such town or towns, repair such portion of said road as is within the limits of such town or towns, respectively, at the expense of such town or towns, and make an account of the expense of such repairs, and lodge the same with the treasurer of the town where such expense accrued; and said treasurer shall thereupon notify the directors, or one of the directors of said company, or the secretary, or agent, thereof, of such expense; and no company, against whom any such expense has accrued, shall shut, or keep up, any toll-gate, or claim, or receive, any toll on such road, until they shall have paid such expense to the town or towns which have made the repairs.

SECT. 52. Said commissioners shall require suitable railings to be erected on roads, erected, at the place or places, on the respective roads on which they are commissioners, at which they shall consider railings necessary; and the expense of such railings, and of all other improvements on such roads, which may be required by said commissioners, shall be defrayed by the proprietors of the respective roads on which such railings may be erected, or improvements made; and the whole amount of the expense, to which such proprietors may be subjected as aforesaid, except the expense of making the ordinary and necessary repairs, shall be ascertained by said commissioners, and shall be added to the capital stock of such proprietors.

Commissioners

within which repairs shall be

made.

SECT. 53. Whenever said commissioners shall order any repairs to limit the time or improvements to be made as aforesaid, on any turnpike road, they shall limit such time for that purpose as they shall judge reasonable, and give notice thereof, in writing, to the clerk of the turnpike company to which it shall belong to repair and improve such road; and if such company shall neglect to repair or improve such road, after receiving such notice, for the space of one month after the time limited, its charter may be declared void, on application to the general assembly for that purpose.*

1863. Turnpike com

SECT. 54. The commissioners on any turnpike road shall have missioners may power to order the grading and repairs of such roads to be made, at such times, and in such manner, as they shall find the public convenience and necessity requires; and may order a suspension of tolls thereon, until such orders have been complied with.

order grading and repairs, when necessary.

lecting the orders

Penalty for neg- SECT. 55. Whenever any turnpike company shall neglect to comof commisioners, Ply with any order of the commissioners thereon, for the period of sixty days, such neglect shall be taken and held to be conclusive evidence, that such turnpike company has abandoned its road and surrendered its charter, and no suit at law, or in equity, shall thereafter be maintained in favor of such turnpike company in any of the

Turnpike roads, to become town roads, when.

courts of this state.

SECT. 56. Whenever any turnpike road shall have been abandoned, or the charter thereof surrendered, as provided in the next preceding section, and, at the expiration of the sixty days mentioned

When turnpike company is bound to repair road. Goshen and Sharon Turnpike Co. v. Sears, 7 C. R. 86. When not. Sherwood v. Weston, 18 C. R. 32.

therein, the commissioners on such turnpike road shall lodge a certificate, with the town clerk of the town or towns through which such road passes, specifying such abandonment or forfeiture, and thereupon such turnpike shall become a public town road.

to state the ac

&c.

SECT. 57. The commissioners on the several turnpike roads shall Commissioners state the accounts of the several companies, in such form as shall be counts of the prescribed by the treasurer of the state, for the time being; and the company, capital stock of each company allowed, and which shall be duly allowed, from time to time, shall be stated in one account; and the annual repairs and expenses, and the tolls annually received, shall be stated in a distinct and separate account; and the treasurer shall procure printed blank forms for that purpose, for said commissioners; and such accounts shall be annually adjusted, stated, and returned to said treasurer, who shall make a report thereof to the general assembly; and the same, being allowed, shall be registered by the treasurer in a book to be kept for that purpose, and the originals shall be lodged and kept on file in the treasurer's office; and the said commissioners shall also lodge with the clerks of the respective turnpike companies, annually, duplicates of the accounts, stated and adjusted by them as aforesaid; and all necessary expenses, which the commissioners shall allow, in pursuance of any law authorizing the same, may be charged in the account against such road, the items thereof being specified; but no deficiency of interest shall be charged as an addition to the stock of any company.

missioner may

SECT. 58. Either of the commissioners may perform any or all of When one comthe duties of commissioners, relating to the roads, on which they act. are commissioners, except when said commissioners shall deem it proper that both of them should perform such duties; and whenever improvements or repairs are ordered to be made on any turnpike road, it shall be the duty of only one of the commissioners to review said road, and determine whether such improvements or repairs are made.

to be kept open.

SECT. 59. Whenever the commissioners on any turnpike road When gates are shall give notice to one of the directors, or to the treasurer of the company, of the time and place of their attendance to settle the accounts of said company, and said director, or treasurer, shall neglect or refuse to attend at such time and place, and to settle said account, such commissioners shall cause the gates on such road to be kept open until such settlement shall be made.

commissioners.

SECT. 60. Each of said commissioners shall be allowed the sum Compensation of of two dollars, for each day that he shall be employed in rendering the services required of him by this act, which shall be paid by the turnpike company on whose road he is commissioner, and shall constitute a part of the capital stock of such turnpike company.

1835. Manner of con

SECT. 61. The several turnpike companies in this state, with the written consent of the commissioners on said road, and of one of the tinuing toll-gates. county commissioners, in the county where any toll-gates, or halftoll-gates, are located, may continue the same where they were located in the year one thousand eight hundred and thirty-five, if within the limits mentioned in the charters of such companies for their location.

1861.

SECT. 62. Whenever any turnpike gate, or gates, have been re- Establishing the moved to any place, within the limits prescribed by the act of incor- location of turnporation, or prescribed by subsequent grants from the general assem- pike gates in bly, different from that at which said gate or gates were originally thorized by charlocated, the same are hereby confirmed and declared to be legally cases

places not au

ter, in certain

How the location of gates may be altered.

Charters of companies accepting

repeal, &c.

located and established, provided such gate or gates have been located for a period of at least fifty years, next before the thirteenth day of June, one thousand eight hundred and sixty-one; and all tolls, which have accrued for passing such gate or gates, are confirmed, and shall be collectible in the same manner as they would have been, if said gate or gates had remained as they were originally located.

SECT. 63. The commissioners appointed on any turnpike road, with one of the county commissioners, in the county in which such road, or any part thereof, lies, upon application, in writing, made to them by the turnpike company on whose road they are commissioners, may, from time to time, change, alter, and establish, the location of any toll-gate on said turnpike road, within the limits prescribed by the act of incorporation, or by grant from the general assembly; the said commissioners first giving notice, in writing, under their hands, to one of the selectmen of the town in which such change or alteration is proposed to be made, of the time and place of their meeting for that purpose, at least ten days before such meeting, and also first giving notice, by advertisement, in some newspaper pub lished nearest to the town in which such change or alteration is proposed to be made, three successive weeks next preceding the time of such meeting.*

SECT. 64. The original charters of all turnpike companies, ac three preceding cepting the benefits of the three next preceding sections, shall be sections, liable to subject to be repealed, altered, or amended, by the general assembly; and no company shall enjoy the benefit of the provisions of said sections, until, in a legal meeting of the stockholders, warned for that purpose, it shall have accepted said sections as an amendment of its charter; and shall have lodged a certified copy of such vote of acceptance with the secretary of this state, who shall record the same. SECT. 65. The several turnpike companies may collect and receive, at each gate where a whole toll is allowed by law, except where the toll is specifically prescribed by the charter, or by some subsequent grant of the general assembly, the following toll, to wit:

Rates of toll established.

For each wagon, drawn by one horse, whether loaded or not, or whether hung on springs or not, six cents and one-quarter.

For each four wheeled pleasure carriage, drawn by one horse, eight cents.

For each wagon or four wheeled carriage, for transporting loads, when drawn by two beasts only, twelve cents and five mills. For each additional beast, three cents.

If such wagons or four wheeled carriages are empty, half the sums

aforesaid.

For loaded carts, or ox wagons, drawn by four beasts, twelve cents and five mills.

For each additional beast, three cents.

For empty carts, or ox wagons, only half of the aforesaid sums.
For each sheep, or swine, five mills.

And at each gate where only a half-toll is by law allowed, half the aforesaid tolls, and no more, shall be collectible in the cases aforesaid.t

361.

* Gates once located under charter cannot be removed by the company. State &. Norwalk and Danbury Railroad Co., 10 C. R. 157; Turnpike Society v. Osborn, 12 C. R. How gates should be erected. Straits Turnpike Co. v. Hoadley, 11 C. R. 464. What is a wagon, within this statute. Merrick v. Phelps, 5 C. R. 465; Middlesex Turnpike Co. v. Freeman, 14 C. R. 85. What is a pleasure carriage, within this statute. Middlesex Turnpike Co. v. Wentworth, 9 C. R. 371. Travelers on the road are liable to pay toll, whether they pass through or round the gat. Fitch e. Lothrop, 2 Root, 524.

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