the said trustees, and applied as in the Act for making or maintaining any such turnpike road or roads shall be mentioned.

Mortgagees in possession to account to trustees. By Stat. 3 Geo. 4. c. 126. s. 47, All and every mortgagee and mortgagees that hath or have taken or been in possession, or shall hereafter take or be in possession of any toll-gate or bar set up or erected on any turnpike road, or of any lands or tenements, the rents and profits whereof are appropriated to the repairs of any part of any turnpike road, shall, within twenty-one days after he, she, or they shall have received notice in writing from the trustees of such turnpike road, render an exact account in writing to such trustees, or to such person as they shall appoint, of all monies received by such mortgagee or mortgagees, or by any other person or persons for his, her, or their use and benefit, or by his, her, or their authority, at such toll-gate or bar or otherwise, and what he, she, or they have expended in keeping or repairing the same:And in case he, she, or they shall neglect to render such account when required as aforesaid, he, she, or they shall severally forfeit to the said trustees, for every refusal, neglect, or omission, the sum of £50, to be applied to the use of the road on which such toll-gate or bar shall be erected.

Penalty on mortgagee retaining possession, after satisfaction of his debt. -By Section 48, If any such mortgagee or mortgagees shall keep possession of any toll-gate or bar by him, her, or themselves, or by any other person or persons on his, her, or their behalf, and receive the tolls or duties thereat, or of any such rents and profits as aforesaid, after such mortgagee or mortgagees shall the said tolls and premises, to obtain such possession:But such person or persons who shall obtain the possession thereof, shall not apply the tolls which may consequently be received by him, her, or them, to his, her, or their own exclusive use and benefit, but to and for the use and benefit of all the mortgagees of the said premises, pari passu, and in proportion to the several sums which may be due to them as such mortgagees.

Recovery of subscriptions.-By Stat. 9 Geo. 4. c. 77. s. 7, It is enacted, That the several and respective persons who shall subscribe for or agree (a) to advance any money for or towards the making or maintaining any turnpike road or roads, or highway intended to be made turnpike, shall and they are hereby required to pay the sum or sums of money so subscribed, within such time or times, and in such parts and proportions, as shall be expressed in the writing which shall be subscribed by them or on their behalf, or as the trustees of any such turnpike road shall order and direct; and the same shall be demanded by and paid to such person or persons as the said trustees shall, by any writing under their hands, authorize to receive the same:-And if any person or persons shall neglect or refuse to pay the same or any part thereof, as aforesaid, it shall be lawful for the said trustees to sue for the same in the name of any one of such trustees or of their treasurer or clerk, and to recover the same, together with full costs of suit, in any of his Majesty's Courts of Record, by action of debt, or on the case, by bill, plaint, suit, or information, wherein no essoign, protection, or wager of law, nor more than one imparlance, shall be allowed:-And all such monies shall be vested in

the said trustees, and applied as in the Act for making or maintaining any such turnpike road or roads shall be

mentioned.

Mortgagees in possession to account to trustees.-By Stat. 3 Geo. 4. c. 126. s. 47, All and every mortgagee and mortgagees that hath or have taken or been in possession, or shall hereafter take or be in possession of any toll-gate or bar set up or erected on any turnpike road, or of any lands or tenements, the rents and profits whereof are appropriated to the repairs of any part of any turnpike road, shall, within twenty-one days after he, she, or they shall have received notice in writing from the trustees of such turnpike road, render an exact account in writing to such trustees, or to such person as they shall appoint, of all monies received by such mortgagee or mortgagees, or by any other person or persons for his, her, or their use and benefit, or by his, her, or their authority, at such toll-gate or bar or otherwise, and what he, she, or they have expended in keeping or repairing the same:And in case he, she, or they shall neglect to render such account when required as aforesaid, he, she, or they shall severally forfeit to the said trustees, for every refusal, neglect, or omission, the sum of £50, to be applied to the use of the road on which such toll-gate or bar shall be

erected.

Penalty on mortgagee retaining possession, after satisfaction of his debt. -By Section 48, If any such mortgagee or mortgagees shall keep possession of any toll-gate or bar by him, her, or themselves, or by any other person or persons on his, her, or their behalf, and receive the tolls or duties thereat, or of any such rents and profits as aforesaid, after such mortgagee or mortgagees shall all judges and justices having jurisdiction, as the case may require, until the same are fully satisfied and performed, on account and for the benefit of the trust to be created by any subsequent Act for maintaining the same turnpike road, or any part thereof.

By Section 12, The trustees appointed by virtue of any local Turnpike Act may receive in and cancel all or any of the mortgages granted under the trusts of any former Act for the same turnpike road, or any part thereof, and instead and in lieu thereof give and execute another mortgage or other mortgages, at the expence of

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the parties requiring the same.

Power to renew mortgages which are lost or mislaidBy Section 13, of the same Act, It is enacted, That in all cases where it shall appear by the books kept by the clerk or treasurer to the trustees of any turnpike road, or by any satisfactory evidence adduced at any meeting of such trustees, that any person or persons is or are a creditor or creditors on security of the tolls authorized by any local Turnpike Act to be taken, and that the mortgage or assignment of the tolls for securing any such sum or sums of money has been lost, mislaid, or by accident destroyed, it shall be lawful for the said trustees, or any three or more of them, to execute, at the expence of the person or persons applying for the same, an assignment of the tolls by any such local Turnpike Act granted, for the sum or sums of money mentioned in such original assignment or transfer; and every assignment to be executed shall be valid and effectual for the purposes thereby intended.

Trustees not to be personally liable on mortgages.

trustees for making or maintaining any turnpike road, shall not be personally subject to or liable to be charged with the payment of any sum or sums of money, by reason of their having signed or executed any mortgage or assignment by way of mortgage, or other security to be made by virtue or in pursuance of any Act for making or maintaining any turnpike road:-Provided that in case any action, suit, or prosecution shall be brought or commenced against any such trustee, for any thing done by virtue or in pursuance of Stat. 3 Geo. 4. c. 126, or this Act, or any such Act for making or maintaining any turnpike road, all the costs, charges, and expences of defending such action, suit, or prosecution, or which such trustee shall incur in consequence thereof, shall be defrayed out of the tolls arising on the turnpike road for which such trustee shall act.

EIGHTHLY: Certain Miscellaneous Regulations as to repair of Turnpike Roads, and as to the execution of the Acts.

As to the tires of wheels. -By Stat. 4 Geo. 4. c. 95. 8. 2, It is enacted, That from and after the 1st day of January, 1826, the several nails of the tire or tires of the wheels of every waggon, wain, cart, or other such carriage, used or drawn on any turnpike road, shall be so countersunk as not to project beyond one quarter of an inch above any part of the surface of such tire or tires:-And if any waggon, cart, or other such carriage, shall, from and after the said 1st day of January, 1826, be drawn or used on any turnpike road, with any wheel or wheels made, constructed, or being otherwise than