three, nor more than five inspectors of turnpikes, neither of whom shall be interested in any turnpike within the state.* 37. Powers. 40. The persons appointed to such office, shall be the inspectors of all the turnpike roads within their county, except in cases where, by the act of incorporation, a special provision for the inspection of the road is made. But where the president, directors and company of any turnpike shall have refused or neglected to obtain the appointment of inspectors of their road, or when there shall be no inspectors of such road in office, or those in office shall refuse or neglect to serve when called upon, the county inspector shall, in respect to such turnpike, exercise all the powers conferred by this article, until inspectors for such road shall be appointed according to the act incorporating the same, and until such inspectors shall accept their appointment and agree to serve.† 38. Duty on complaint that road is out of repair. § 41. It shall be the duty of each inspector to whom a complaint in writing shall be made, that a turnpike road, or a part of such road, in his county is out of repair, without delay to view and examine the road complained of; and if he shall find such complaint to be just, he shall give notice in writing of the defect, to the tollgatherer, or person attending the gate nearest to each place out of repair, and in such notice may, in his discretion, order such gate to be thrown open; but no inspector or inspectors shall order such gate to be opened, unless a notice in writing shall have been served on the gate * 2 R. L. 225, § 1. See Laws of 1873, ch. 440, post; and 1872, ch. 779. + Id. §§ 1 and 3; Laws of 1819, p. 308, §§ 1 and 3; Act concerning the Revised Statutes, passed December 10th, 1828, § 15. keeper nearest to the place out of repair, particularly describing such place, at least three days previous to making such order.* 39. Proceedings. § 42. Immediately after the service of such notice, each gate ordered to be thrown open, shall be opened; nor shall it be again shut, nor any toll be collected thereat, until one of the inspectors for the county, shall have granted a certificate, that the road is in sufficient repair, and that such gate ought to be closed.† 40. When to view road out of their county. § 43. Whenever any part of a turnpike road shall be out of repair, and the gate to which it has relation is situated in an adjoining county for which inspectors shall have been appointed, such inspectors, upon a complaint in writing, shall view and examine the road complained of, and proceed thereon according to the provisions of this article, in like manner as if the road so complained of was within the county where such gate is situated.+ 41. Penalty for not opening gate, etc.. 44. Every keeper of a gate ordered to be thrown open, who shall not immediately obey such order, or who shall not keep open such gate until a certificate permitting it to be closed shall be granted, or who, during the time such gate ought to be open, shall hinder or delay any person in passing, or take or demand any tolls from any person passing, shall, for each offence, forfeit the sum of ten dollars to the party aggrieved.§ * 2 R. L. 225, §§ 1 and 3; Laws of 1819, p. 308, §§ 1 and 3; Act concerning the Revised Statutes, passed Dec. 10th, 1828, § 15. + Id. t Id. 42. Inspector, when to give notice. § 45. It shall be the duty of each inspector, who, upon due examination, shall have discovered a turnpike road within his county, to be out of repair, or that any gate thereon is placed in a situation contrary to law, to give notice in writing of such defect or default, to one or more of the directors of the company to which such road shall belong.* 43. Contents of notice. § 46. In such notice, he shall require the defective road to be repaired, or the gate improperly placed to be removed, within a certain time to be fixed in the notice; and in his discretion may order, that in the mean time, the gates on such road, or such of them as he shall specify, be thrown open.† 44. Proceedings if not complied with. § 47. If the requisitions of such notice be not obeyed, it shall be the duty of such inspector, to make immediate complaint to the attorney-general, or the district-attorney for the county, whose duty it shall be to prosecute the delinquent company, in the name of the people of this state. Such corporation, if convicted of having suffered their road to be out of repair, or having placed one or more of the gates thereon in a situation contrary to law, shall be fined in a sum not exceeding two hundred dollars.+ 45. Compensation of turnpike inspectors. § 48. To each inspector of turnpikes, who shall view a turnpike road upon complaint made to him, shall be allowed the sum of two dollars for each day spent by him in the performance of such duty. If he shall ad * 2 R. L. 225, § 3. + Id. Id. judge the road viewed to be out of repair, such fees shall be paid by the company to which the road shall belong; otherwise, they shall be paid by the party making the complaint.* 46. How paid. § 49. Such fees, when payable by the company, shall be paid by the toll-gatherer nearest the road adjudged out of repair, on demand, and out of the tolls received or to be received by him; and may be recovered, with costs, of such toll-gatherer, if he shall neglect or refuse to make such payment.† 47. Penalty on toll-gatherers. § 50. Every toll-gatherer, who, at any turnpike gate, shall unreasonably hinder or delay any traveller or passenger liable to the payment of toll, or shall demand and receive from any person more toll than by law he is authorized to collect, shall, for each offence, forfeit the sum of five dollars to the person aggrieved.‡ 48. How collected. § 51. Whenever a judgment is obtained against a tollgatherer for a penalty, or for damages, for acts done or omitted to be done by him in his capacity of toll-gatherer, and goods and chattels of the defendant to satisfy such judgment cannot be found, it shall be satisfied by the corporation whose officer he shall be; and if, on demand, payment be refused by the corporation, the amount thereof may be recovered, with costs, of such corporation.§ 49. Commutation. § 52. The president and directors of every turnpike * 2 R. L. 225, § 3. 1 R. L. 234, § 9. Id. § Id.; 2 R. L. 226, § 4. corporation created or to be created, may from time to time commute with any person, whose place of abode shall adjoin or be near to their road, for the toll payable at the nearest gate on each side of such place of abode; but no such commutation shall be for a longer time than one year, and it may be renewed at the end of each period for which it shall be made.* 50. Election on Sunday. § 53. Whenever the day of election for directors of any such corporation shall happen on a Sunday, such election shall be held on the day next following.† 51. Penalties. $54. Every person who shall, 1. Wilfully break, cut down, deface or injure any mile stone or post, on any turnpike road: or, 2. Wilfully break or throw down any gate or turnpike on such road: or, 3. Dig up or spoil any part of such road, or anything thereunto belonging: or, 4. Forcibly or fraudulently pass any gate thereon, without having paid the legal toll : For each offence, shall forfeit to the corporation injured, the sum of twenty-five dollars, in addition to the damages resulting from his wrongful act.‡ 855. Every person who, to avoid the payment of the legal toll, shall, with his team, carriage or horse, turn out of a turnpike road, or pass any gate thereon, on ground adjacent thereto, and again enter on such road, shall for each offence forfeit the sum of five dollars to the corporation injured.§ 52. Hoist-gates to be equally balanced. § 56. No hoist-gate shall be erected on any turnpike, * 2 R. L. 227, § 5. + Id. § 7. 1 R. L. 234, § 8. § Id. |