tants of any town through which the road shall pass, and not interested in the road or lands to be appraised, as appraisers : 2. The president and directors shall give notice to the appraisers of their appointment, and the appraisers, or any two of them, shall thereupon name a day for meeting on the land, and performing the duties required of them; which day shall not be more than twenty, nor less than ten days from such notice of their appointment: 3. The president and directors shall give at least ten days' notice to the owners of the land required, of the time and place of meeting, so appointed by the appraisers; but if any such owner be absent, or subject to any legal disability to contract, a copy of such notice may be left at the dwelling house of such owner, or at some public place on the lands to be appraised : 4. Each appraiser, before he shall proceed to execute his trust, shall take and subscribe in writing, before a justice of the peace in the county, the oath or affirmation prescribed in the constitution of this state: 5. The appraisers shall then proceed to view the premises, and without favor or partiality, to assess the damages sustained by the respective owners of the lands deemed necessary by the president and directors, to be taken and appropriated for the road: 6. They shall make an inquisition, under their hands and seals, or the hands and seals of any two of them, describing such land, and stating the amount of damages, if any, which each owner of lands or improvements so taken and appropriated, has sustained, or will sustain, in consequence thereof: 7. The inquisition shall be acknowledged by the appraisers signing it, before one of the judges of the county in which the lands are situated, and so acknowledged, shall be filed by them, together with their oath or affirmation of office, in the clerk's office of such county, within thirty days after it shall have been made, to be by such clerk recorded in a book for recording deeds, at the expense of the corporation.* 26. When company may enter on land. § 27. The president and directors, upon payment of the several sums so assessed as damages, in the inquisition so made, or upon making a legal tender thereof, when the moneys shall be refused, shall be entitled to enter on the lands described in the inquisition and shall have and hold the same, to them, their successors and assigns forever.† $28. If on any parcel of the lands so described, there shall be no person then living, authorized to receive the damages assessed for such parcel, and such damages shall not have been lawfully demanded within ten days after the filing of such inquisition, the president and directors may enter thereon, without payment or tender of such damages; but subject to such payment, whenever the same shall be thereafter lawfully required.‡ $29. Such president and directors shall not enter on and take possession of any public highway, until it shall have been appraised and paid for, in the same manner as private property, and the amount appraised for each highway so taken, shall be paid to the commissioners of highways in the town to which it shall belong, to be by them applied in improving the roads in such town.§ 27. Old road. § 30. Whenever an appraisement shall be made of the lands on any old road, used as such by prescription, on which a turnpike shall be laid out, the appraisers shall set down the value of the soil and of the improvements, and the moneys paid by any town for making such improvements, in separate sums; and the sum for which * 1 R. L. 228. § 3. + Id. + Id. § Id. the soil is appraised shall be paid to the owners thereof, and the value of the improvements, and the sums paid therefor, by any town, shall be paid to the commissioners of highways of the town in which such old road shall be situate.* 28. Pay of judge and appraisers. § 31. The president and directors procuring the appointment, shall pay to the judge for appointing appraisers, one dollar, and to each appraiser, two dollars for every day he shall be necessarily employed in his duties as such.t 29. Inspectors to be appointed. (Art. III. of Title I. of ch. 18 of R. S. of 1830.) § 32. As soon as the president and directors of any company incorporated under this title, shall have completed their road, or any ten miles thereof, they shall give notice thereof, to the governor, who shall thereupon appoint three discreet freeholders, not interested in any turnpike, to view the road as described in the notice, and to report to him, in writing, whether the same is completed in a workmanlike manner, according to the requisitions of this title, and of the act of incorporation.‡ 30. Gates to be erected. § 33. If such report shall be in the affirmative, it shall be the duty of the governor, by license under his hand, and the privy seal of the state, to permit the president and directors, to erect so many gates and turnpikes, on the road reported, as shall be sufficient for the collection thereon, of the tolls authorized by law.§ * 1 R. L. 1813, 228, § 3. + Id. § 4. + Id. § 6. § Id. 31. Toll-gatherers. § 34. The president and directors shall then appoint toll gatherers, to collect, at each gate so erected, from the persons using the road, such toll as shall be authorized in their act of incorporation.* 32. Their powers. $35. Each toll gatherer may detain and prevent from passing through his gate, the persons riding, leading, or driving animals or carriages subject to toll, until they shall have paid respectively the tolls authorized by law.† 33. When tolls not to be collected. § 36. No tolls shall be collected at any gate of any company incorporated under this title in either of the following cases : 1. From any person passing to or from public worship, or a funeral; to or from a grist-mill for the grinding of grain for family use; or to or from the blacksmith's shop to which he usually resorts for work there to be done. 2. From any person going for a physician or midwife, or returning from such errand; going to or returning from court when legally summoned as a juror or witness; going to or returning from a militia training, which, by law, he is required to attend; or going to a town-meeting or election at which he is entitled to vote, for the purpose of giving such vote, and returning therefrom: 3. From any person residing within one mile of the gate at which toll is demanded, unless he shall be employed in the carriage or transportation of the property of other persons, not so residing: 4. From troops in the service of this state, or of the United States.‡ * 1 R. L. 1813, 228, § 7. + Id. ‡ 1 R. L. 233, § 7; Laws of 1818, p. 52. § 37. From carriages having wheels, of which the tire or track is, 1. Twelve inches wide, no tolls : 2. Nine inches wide, one fourth only of the tolls otherwise payable : 3. Six inches wide, one half only of such tolls, Shall be collected.* 34. List of tolls. § 38. It shall be the duty of the president and directors, to affix and keep up, at or over each gate, in some conspicuous place, so as to be conveniently read, a printed list of the rates of toll demandable at such gate.† 35. Fixing of toll-gates. 39. It shall be lawful for the county judge of the county in which any toll-gate is or may hereafter be erected, on any turnpike road, to determine and fix the location thereof, and to order any such gate to be removed whenever its location shall do injustice to the public or to the corporation owning such road: Such order shall be in writing, and be served on the collector of tolls at such gate, by the said judge or a commissioner of highways; and after thirty days from the time of such service, it shall not be lawful for the said corporation to receive tolls at such gate until the same shall be removed to such place on said road as shall be approved by the said judge. [1836, ch. 284, as modified 1847, ch. 280, § 29.] 36. Inspectors, etc. (Art. IV. of Title I. of ch. 18 of R. S. of 1830.) § 39. In each county of this state, in which there is or shall be any turnpike road, there shall be not less than 1 R. L. 233, §7; Laws of 1818, p. 52. + Id. |