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[12]

Provided, that nothing in this act shall authorize said corporation to demand toll of any person who shall be passing with his horse or carriage to or from his usual place of public worship, or with his horse, team, or cattle, to or from the common labors of his farm. When no toll-gatherer shall be present at said gate to receive toll, the said gate shall be left open and travelers be permitted to pass freely.

A section provides against delay or hindrance at the gate of any person; also against taking more than the above rates.

The corporation was held for damage that might happen to any person, also for damage because of lack of repair on the road. It should be also liable to presentment by the grand jury for not keeping the road in repair.

The penalty for evading payment of tolls was not over fifty dollars nor less than ten dollars, or three times the regular rates if the gates were flanked. The General Court could dissolve the corporation when the income should have compensated for the cost, care, and twelve per cent. dividend, when the property would become the state's. Persons were allowed to pay a lump sum instead of the established rates upon agreement with the corporation. The corporation could hold other real estate to the amount of six thousand dollars.

The one hundred shares in the corporation represented the cost of the road and buildings; all the property of every name and nature was returned to the state as of the value of four hundred and forty thousand dollars.

The turnpike was expected to facilitate greatly the transportation of farm and forest products on the one hand and the store goods and family supplies on the other. This looked well on paper, it sounded well as it was talked. It was theoretically correct, but who ever knew the average Yankee farmer to adopt a method of travel which incurred an outlay of money (tolls) when, by pulling his cattle or horses the harder, he could save the moiety of money demanded for the passing along level ways and over a well-made and shorter route, even if by so doing, wear

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