the repair of any part of the road under the care and management of such trustees, or of any bridges thereon, by tenure or otherwise, for the repair thereof, for such term as they shall think proper, not exceeding three years; and to contribute towards the repair of such road or bridges such sums or sums of money as they shall think proper, out of the tolls arising on such turnpike road. Power to trustees to contract with parishes liable to the repair of bridges (a). -By Sect. 108, It shall be lawful for the trustees of any turnpike road, and for such parish or parishes (6), in like manner to enter into a composition or agreement with each other, and by the authority of the persons at present legally competent to make rates for such parish or parishes, whereby in consideration of such sum or sums of money as shall be agreed upon being yearly paid to the treasurer of the trustees entering into such composition or agreement, out of the rates to be raised for the repair of the bridge or bridges the subject thereof, the repairs of any such bridge shall, during the continuance of any Act or Acts of Parliament under which such trustees shall be appointed or act, be undertaken and carried on by the said trustees; And all rates and assessments, raised and levied for carrying such composition or agreement into effect, shall in like manner be good and valid to all intents and purposes whatsoever. (a) Section 107 empowers counties to contract with inferior districts, who may be liable to the repair of bridges situated upon tion III. of this Chapter. (b) Such parishes as may be liable to repair bridges situate upon turnpike roads. FOURTHLY: As to the regulations for the Exaction of Toll. THE imposition of toll, to be applied to the maintenance of the road, is the revival of an old principle, but with some difference in its adaptation to practice. Under the ancient system of tenures, the lord of the soil frequently claimed the privilege of receiving toll from all who travelled along his highway;-nor was this esteemed a mere bounty, for he was liable, in consideration of such toll, to keep the way in good order; and in some countries, even to defend the passengers from depredation. There was an instance in France, where the lord was fined, for permitting a merchant to be robbed upon his highway. The amount of toll to be paid on the several roads is always regulated by the provisions of the local Act which applies to each particular Trust. But under this and the two following heads will be arranged all the provisions upon this subject, which are contained in the General Turnpike Acts. Power to collect tolls. -By Stat. 9 Geo. 4. c. 77. s. 16, It is enacted, That it shall be lawful for the trustees of any turnpike road, or any person appointed or continued to be appointed collector of the tolls to be taken by virtue of any local Turnpike Act, to demand and take every day, (such day, for the purposes of all local Turnpike Acts, being computed from twelve of the clock at night to twelve of the clock of the next succeeding night,) the several and respective tolls to be mentioned in any such Act, at the several and respective toll-gates and turnpikes, or side bars and chains, which are or shall be continued or erected by virtue of this Act, or of any local Turnpike road, or any part or parts thereof; and which tolls or sums of money shall be demanded and taken as aforesaid, before any horse, cattle, or carriage whatsoever shall be permitted to pass through any toll-gate or turnpike, or side bar or chain:-And the tolls or sums of money, to be levied and collected by virtue of any local Turnpike Act, shall be and the same are hereby vested in the trustees of such Act for the purposes thereof, in manner to be thereby directed. Tolls to be paid upon carriages affixed to others. By Stat. 3 Geo. 4. c. 126. s. 31, After reciting, That coaches, chariots, chaises, chairs, carts, and other carriages, sometimes pass through turnpike gates affixed, tied, or secured to waggons or carts, and horses are sometimes sent under the charge of the drivers of such waggons and carts, and are fastened thereto; and that it is expedient to determine what tolls such coaches, chariots, chaises, chairs, carts, and other carriages, and horses, ought to pay on passing through such gates;-It is enacted, That where by any Act for repairing any turnpike road no toll is directed to be taken for or in respect of any coach, chariot, chaise, or any other carriage whatsoever, with four wheels, passing through any turnpike-gate on such road, affixed, tied, or secured to any waggon or cart, the same toll and no more shall be demanded and taken for and in respect of such coach, chariot, chaise, or other carriage, as if the same had passed through drawn by two horses; and where by any Act for repairing any turnpike road no toll is directed to be taken for or in respect of any chair, cart, or other carriage whatsoever, with two wheels only, passing through any turnpike-gate on such road, so affixed, tied, or secured to any waggon or cart as aforesaid, the and in respect of such chair, cart, or other carriage with two wheels only, as if the same had passed through drawn by one horse only; and where any horse shall be fastened to, but not used in drawing any waggon, cart, or other carriage, such horse shall not be liable to a higher toll than a single horse :-Provided that if any coach, chariot, chaise, chair, or other carriage so affixed, tied, or secured to any waggon or cart, shall have any goods conveyed therein, other than the harness thereto belonging and such articles of package as may be necessary for the protection of such carriages, the same shall be liable to double the toll hereby imposed. Two oxen to be considered as one horse.-By Sect. 38, In all carriages wherein oxen or neat cattle shall be used, two oxen or neat cattle shall be considered as one horse, for all the purposes mentioned in this Act, or any particular Turnpike Act, with respect to tolls or other things. Power to reduce tolls. -By Statute 3 Geo. 4. c. 126. s. 43, It shall be lawful for the trustees appointed in and by virtue of any Act of Parliament for the repairing and amending any turnpike roads, in case no power or effectual power should be given to them under the Act by which they are appointed, and they are hereby empowered, at a meeting to be held for that purpose, (of which one calendar month's notice shall be given in writing, to be affixed on all turnpike-gates which shall be then erected upon such roads, and in some public newspapers circulated in that part of the country,) from time to time to lessen and reduce (a) all or any of the tolls granted by any of the said respective Acts, for and during such time as the said trustees shall think proper; and afterwards, at any meeting to be held as aforesaid, from time to time, as they shall see occasion, to advance all or any of the tolls so lessened to any sum or sums of money not exceeding the said rates granted by such Acts of Parliament and this Act respectively: - Provided nevertheless, that where the whole money borrowed on the credit of the tolls granted by any such Act shall not have been paid and discharged, no such tolls shall be lessened or reduced without the consent of the person or persons entitled to five-sixths of the money remaining due upon such respective tolls. And by Section 44, In all cases where the trustees of any turnpike road shall reduce or advance the tolls on the road or roads for which they shall act, such reduction or advance shall be made as to waggons, carts, and other carriages, the breadth of the wheels whereof is regulated by this Act, with reference to the proportion or scale of tolls payable on such waggons, carts, or other carriages, according to the breadth of the wheels thereof; (that is to say), the trustees making the reduction or advance, shall reduce or advance the toll payable on the waggons, carts, or other such carriages, having the fellies of the wheels thereof of the breadth of six inches, and shall then take and demand double or other proportions (as the case may be) of such reduced or advanced tolls on waggons, carts, or other carriages having the fellies of the wheels thereof of a greater or less breadth than six inches; and the reduction or advance of the proportion of toll to be payable by this or any other Act in respect of the breadth of wheels, or any other reduction or advance of tolls, to be made in any other way than in manner aforesaid, shall be null and void to all intents and |