ROAD LEGISLATION.
281
Another very great defect in our legislation re-mains to be noticed, namely, the want of somepower to control the trustees of turnpike roads,and to prevent neglect and corrupt practices. Noother trustees are free to do whatever they pleasewith perfect impunity ; and no reason can be givenfor not making every one who takes upon himselfsuch an office accountable before a proper tribunalfor his conduct in the discharge of its duties. Dr. Adam Smith has remarked the great defect in theturnpike laws of not providing such a control.Mr. Burke says, “ It is of the very essence of everytrust to be rendered accountable, and even totallyto cease when it substantially varies from the pur-poses for which it could have a lawful existence.”If a board of trustees suffer the road under theircare to get into a bad condition, the only remedyis to indict the parish through which the roadpasses; but nothing can be more contrary to everyprinciple of justice than such a law. In all caseswhere trustees have the management of landedproperty applicable to the maintenance of buildings,bridges, and roads, proceedings may be takenagainst them in the court of Queen’s Bench, if they
tical operations of the workmen. I must beg leave to add, thatthese observations are applicable to all trusts of similar extent,and are evidence of the propriety of establishing districts of amagnitude to justify a more perfect arrangement, and the em-ploying of a properly qualified surveyor, whose sole occupationshould be the road under his care, and who should also beenabled to keep constantly employed a set of workmenthorougly conversant with road operations, and working chieflyby contract.”