which shall be provided for repairing the said roads, and the scrapings of the said road, shall be vested in the trustees acting in pursuance of such Act for the time being; and they are hereby authorized and empowered to apply and dispose of the same as they shall think fit, and to bring or cause to be brought any action or actions, and to prefer and prosecute or order and direct the preferring and prosecuting of any informations or indictments, against any person or persons who shall dig up, break, or pull down, steal, take, or carry away, spoil, destroy, injure, or damage any of the toll-gates, or toll-houses, weighing machines, or other erections or buildings, lamps, bars, tollboards, direction-boards, mile-stones, posts, rails, fences, and other things, or any of the conveniences and appurtenances thereto belonging, or any of the tools, implements, or materials aforesaid, or shall interrupt them, the said trustees, or any of their officers, in the possession thereof;-In all which proceedings it shall be sufficient to state generally such articles to be the property of the clerk for the time being to the said trustees. By Stat. 4 Geo. 4. c. 95. s. 57, Where any toll-house or toll-houses standing on or adjoining any turnpike road, and which shall have been erected by or vested in the trustees of such road, shall become useless and be no longer required for the purposes of such road, it shall not be lawful for the trustees of such road to sell or dispose of such toll-house or toll-houses, but in every such case the trustees of the road on which such toll-house or tollhouses no longer required shall stand, shall cause such toll-house or toll-houses, with the out-houses attached or belonging thereto, to be pulled down, and the materials thereof to be sold or removed; and the site of such tollgardens and appurtenances thereunto belonging, may then be sold by the said trustees, in the same manner as and under the regulations in 3 Geo. 4. c. 126, and this Act contained, with respect to any land or ground not wanted for the purposes of the road (a). By Section 58, During such time as the tolls, arising on any turnpike road or any part or parts thereof, shall be leased, demised, or let to any person or persons whomsoever, it shall be lawful to and for the lessee or lessees, or farmer or farmers thereof, or such other person or persons as he or they shall authorize or appoint, to occupy and enjoy the toll-house or toll-houses at which the said tolls so let are to be collected and to arise, with all the appurtenances and conveniences to the same toll-house or houses belonging, for the purpose of collecting such tolls during so long time only as such lessee or lessees, farmer or farmers, shall duly and regularly pay his, her, or their rent or rents, and perform the covenants, agreements, and conditions of such lease, demise, or letting, but no further or otherwise. By Section 59, In case all or any of the tolls, arising by virtue of any Act for repairing or amending any turnpike road, shall have been or shall be demised or let to farm to any person or persons in any manner whatsoever, and the lessee or lessees, farmer or farmers thereof, shall neglect or refuse to perform the terms and conditions on which the same shall have been or shall be so demised or let; or in case the rent or rents, agreed to be paid by such lessee or lessees, farmer or farmers, shall be in arrear by the space of seven days next after any of the days on which the same ought to be paid, pursuant to the agreement for letting to farm thereof; or in case any such lease or agreement shall in any other manner become void; then and in any of those cases, it shall be lawful for any justice of the peace for the county or place, by warrant under his hand and seal, to order a constable or other peace officer, with such assistance as shall be necessary, to enter upon and take possession of any toll-house or toll-houses, toll-gate, bar, or chain, or weighing machine, and the buildings and appurtenances thereunto belonging, and to remove and put out such lessee or lessees, farmer or farmers of the tolls arising thereat respectively, or other person or persons who shall be found therein, together with his, her, or their goods, out of and from the possession of the said toll-house or toll-houses, and from the collection of tolls, and to put the said trustees or any one of them, or their new appointed officer, or other person acting by or under their authority, into the possession thereof:-And thereupon it shall be lawful for the said trustees (if they shall think fit) to vacate and determine the contract or agreement (if any) for demising or letting the said tolls to such lessee or lessees, farmer or farmers, and the same shall be from that time utterly void to all intents and purposes, (save as to the covenants and agreements for payment up to that time of the rent or rents thereby reserved, or other covenants and agreements on the lessee's part which shall have been holden) as if such demise or agreement had never been made:-And it shall be lawful for the said trustees, in every such case, to demise or let to farm the said tolls again to any other person or persons, or cause them to be collected, as if no former demise, conAs to the trustees' right to the soil of the road.-In the case of Davidson v. Gill (a), Lord Kenyon, C. J. observed, that the soil of a turnpike road was not vested in the trustees, but remained in the persons who were entitled to it before the Act passed, by which they were appointed: the trustees have only the controul of the highway. If, then, the soil of a turnpike road is not vested in the trustees, much less can they be possessed of the mines and minerals therein; it can, therefore, only be ex abundante cautelá, that by Stat. 7 & 8 Geo. 4. c. 24. s. 18, the Legislature has declared, That all mines, &c. which shall be discovered or found in or under any land to be used for any turnpike road, shall be and they are hereby reserved to the person, &c., who would have been seised of or entitled to the same, in case the Act for making such road had not been passed, with liberty for him, or his agents or servants, to dig for, mine, and work the same, in such manner as is usual for carrying on works of that kind in the county, district, or place where such mines shall be found, in as full and ample a manner as if the said land had not been appropriated and taken for the purposes aforesaid, so that in the working thereof no damage shall be done to such road or any part thereof. Power to sell the soil of unnecessary roads.-However we shall see in the next Chapter, where it is intended to treat of the diversion and extinction of highways and (a) See 1 East, 69-and see Goodtitle v. Alker and Elmes, 1 Burr. 133, and ante, Chap. II. as to the right to the soil of a c. 95. s. 75, where provision is made for the preservation of the right of pasturage along the sides of turnpike roads. turnpike roads, that by the Turnpike Acts, the soil of the road appears to be absolutely vested in the trustees, (with the exception of all mines, minerals, &c.) for the particular purpose only of effecting a sale of any road, for which a new one shall have been substituted according to the provisions of the Act. Power to sell unnecessary tenements. -By Stat. 4 Geo.4. c. 95. s. 63, In case the trustees for making or maintaining any turnpike road shall become possessed of any tenements or hereditaments which are useless or unnecessary for the purposes of such road, it shall be lawful for the said trustees to sell and dispose of the same, in such and the same manner as by the said recited Act (a) they are authorized and empowered to do, in the cases of any land or ground not wanted for the purposes of such road. II. As to other officers. Trustees to appoint officers, with salaries.-By Stat. 4 Geo. 4. c. 95. s. 43, The trustees for making or maintaining any turnpike road may, and they are hereby empowered, by writing under their hands, to appoint such collector or collectors of the tolls arising on such road, and clerk or clerks, treasurer or treasurers, surveyor or surveyors of the said road, and such other officers as the said trustees shall think necessary; and such collectors, clerks, treasurers, surveyors, and other officers, or any of them, from time to time to remove; and on removal, death, or resignation of any such collectors, clerks, treasurers, surveyors, or other officers, to appoint others in their stead:-And may and are hereby authorized and |