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Where advance is made on credit of tolls, if corporation, &c. neglect to take tolls, or make default in payment of instalments and interest, commissioners may appoint persons to receive tolls, &c.;
or may require the lessees of the tolls to pay their rents to them.
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47. In every case in which any corporation, company, proprietors, trustees, or commissioners, or other parties or persons having the care, management, or control of any work, in aid or for the construction whereof any advance shall be made under this Act on the credit of any tolls, rates, receipts, rents, or profits accruing or arising thereout or therefrom, shall neglect or refuse to raise, collect or receive such rates, rents, tolls, receipts, or profits, or shall make default in the payment of the instalments and interest which may accrue due on any mortgage, assignment, or other assurance or security to be given and executed to the secretary of the said commissioners in manner aforesaid, it shall and may be lawful for the said commissioners, and they are hereby authorized, in addition to all other remedies provided by this Act, to make an order under the hands and seals of any two or more of them to such person or persons as they may think fit, authorizing and requiring such person or persons to collect, seize, take, and receive such rates, rents, tolls, receipts, or profits then collected and taken by or accruing or arising to or for the use of the corporation, company, proprietors, trustees, or commissioners, or other parties or persons so refusing or making default; and the person or persons to whom such order shall be directed is and are hereby authorized, immediately on receiving such order, by himself or themselves, or such other person or persons as he or they shall employ for the purpose, forthwith to take possession of the locks, toll gates or bars, and toll houses of the corporation, company, proprietors, trustees, or commissioners, or other parties or persons so refusing or neglecting or making default as aforesaid, and to take, collect, and receive, and to let, lease, and demise, from time to time, the rates, rents, tolls, receipts, or other profits which such trustees, corporation, company, proprietors, commissioners, or other parties or persons would or might otherwise have taken, collected, and received; and the said person or persons so executing the said order shall continue in possession of the said locks, toll gates or bars, and toll houses, and continue to take, collect, and receive the said rates, rents, receipts, or other profits, and account for the same to the said commissioners for the execution of this Act, until the principal sum advanced by the commissioners for the execution of this Act to the corporation, company, proprietors, trustees, or commissioners, or other parties or persons so refusing or neglecting or making default, together with the interest thereon, and the costs, charges, and expenses of taking such possession as aforesaid, shall be fully paid and discharged: Provided always, that nothing herein contained shall extend or be construed to extend to invalidate or affect any existing lease or leases of the said rates, rents, tolls, receipts, or other profits; but in case of any such existing lease or leases the lessee or lessees shall and are hereby authorized and required to pay to such person as the said commissioners shall appoint in that behalf all such rent or rents as may have been reserved upon such lease or leases, upon receiving a notice in writing requiring such payment, under the hands of any two of such commissioners; and the receipt of the said commissioners for such rent or rents shall be a good and sufficient discharge and acquittance to such lessee or lessees for so much as shall be therein expressed to have been received, against all persons whatsoever; and the said commissioners shall have all such and the like remedies for enforcing the payment of such rent or rents of and from such lessee or lessees as the lessor or lessors making such lease or leases may or might have under such lease or leases.
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