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§ 632. Either party may appeal to the supreme Appeal. court on giving such security as the county court requires. The supreme court, on motion of either party, on due notice, shall refer it to three disinterested persons, not residents of any town in respect to which the road is a thoroughfare, to determine the appeal. The referees have the same powers and are entitled to the same compensation (to be paid in the first instance by the prevailing party) as referees in civil actions. They shall view the premises, hear the parties, and report to the court their decision, the grounds thereof and the evidence taken by them. The court shall thereupon render judgment as they deem just, and may award reasonable costs and expenses to the prevailing party, and execution may be issued for the same.

1 R. S., 1107, § 13.

ment of


§ 633. The directors of any company may aban- Abandondon the whole of their road or any part of it, at either or both ends (whenever two-thirds in amount of the stockholders consent) by a written surrender thereof, to be attested by the seal of the company and acknowledged by the president and secretary as a deed is acknowledged, and recorded in the clerk's office of each county where the surrendered road lies. Thereafter the surrendered road belongs to the several towns in which it lies; but the company may take toll on any part not surrendered if three consecutive miles in length.

Laws of 1854, ch. 87, § 1.

Tariff of

to is on

plank roads.



SECTION 634. Tariff of tolls on plankroads.

635. Tariff of tolls on turnpikes.

636. Persons exempt.

637. Collection of tolls.

638. Penalties.

639. Commutation.

640. Injuries and obstructions.

641. Encroachments.

642. Penalties, how recovered.

634. The rates of tolls on plank roads, except in the county of Sullivan, shall not exceed the following:'

For every vehicle drawn by one animal, one cent a mile; and, except on roads located wholly or in part in the counties of Chenango, Otsego, St. Lawrence and Oneida, one cent a mile for each additional animal;

For every vehicle used chiefly for conveying passengers, drawn by two animals, three cents a mile, and one cent a mile for each additional animal;

For every horse rode, led or driven, threequarters of a cent a mile;

For every score of sheep or swine, one and a half cents a mile;

For every score of neat cattle, two cents a mile; 1 Laws of 1853, ch. 241, § 1; ch. 481.

The rates in the county of Sullivan shall be fixed by the board of supervisors, and at not less than two nor more than four cents a mile for any vehicle drawn by two horses, and in a ratable proportion for others; but the rates for any company shall not be fixed so high as to enable it, after keeping the road in repair, to divide more than ten per cent on its capital stock and reserve ten per cent as a fund for the reconstruction of the road. The rates as fixed shall not be changed by the board oftener than once in five years.'

11 R. S., 1105, §§ 102, 103, 104.

§ 635. The rates of toll on turnpikes shall not Tariff of exceed the following:

For every vehicle drawn by one animal, threequarters of a cent a mile;

For every vehicle drawn by two animals, one and one-quarter cents a mile, and one-quarter cent additional a mile for each additional animal;

For neat cattle, at the rate of one cent a mile for a score;

For sheep or swine, at the rate of one-half cent a mile for a score:

For every horse and rider, or led horse, one-half

cent a mile.

In no case shall a company charge greater rates than will enable it, after paying expenses and

tolls on turnpikes.

Persons exempt.

repairs, to divide more than twelve per cent on its capital actually paid in cash.

1 R. S., 1105, § 106; as amended, Laws of 1854, ch. 87, § 3.

§ 636. The following persons and no others are exempt from payment of toll on any plankroad or turnpike :

1. Persons going to or from religious meetings held at the place where they usually attend for worship, in the town where they reside or an adjoining town, or within eight miles of their residence;

2. Persons going to or from any funeral, and all funeral processions, except that on the Williamsburgh and Cypress Hills plankroad, the exemption as to funeral processions shall only extend to the hearse and three carriages;

3. Troops in actual service of the state or of the United States, and persons going to or from a militia training which by law they are required to attend;

4. Persons going to any town meeting or general election at which they are entitled to vote, and for the purpose of voting, or returning therefrom;

5. Persons living within a mile of any gate by the most usually traveled road, may pass it at onehalf toll, when not engaged in the transportation of others or the property of others;

6. Farmers living on their farms within one mile of any gate, by the most usually traveled road, may pass it free when going to or from their work on such farms.

1 R. S., 1106, § 108.


§ 637. The toll gatherer may prevent from pass-Co ing his gate any person, vehicle or animal, liable to toll unless the toll is paid; but if he unreasonably delays any passenger liable to the payment of toll, or demands and receives from any person more toll than by law he is authorized to collect, he is liable to a penalty of five dollars for each offense, to be recovered by the person aggrieved. Ib., 1090, § 35; 1110, § 126; 1093, § 53.


§ 638. Any person who falsely claims to be Penalties. exempt, or who, being liable to pay toll, passes a gate, either over the road or by turning off over adjacent ground and again entering the road, without payment and with intent to avoid payment, is liable to a penalty of ten dollars for each offense. Any person who, being liable to pay toll, forcibly or fraudulently passes a gate without paying it, is liable to a penalty of twenty-five dollars for each offense, in addition to any damages caused by him.

1 R. S., 1106, § 111; 1094, § 58; Ib., § 57, subd. 4; Laws of 1855, ch. 485, § 3. There may be some difference of opinion as to whether the penalty for falsely claiming exemption was

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