§3. Also provides, that nothing therein contained shall extend 3G. 4. c. 126. to prevent the suing for and recovery of any penalty incurred by nor to prevent any offence committed against the provisions of the said recited the recovery of acts, previous to the repeal thereof by this act, or to prevent or penalties incurdefeat any prosecution commenced or to be brought for such of- red for offences against acts fence, but all penalties incurred may be sued for, and all encroach- repealed. ments, nuisances, and other offences made or committed previous to the repeal of the said acts, against the provisions of any of them, may be abated or prosecuted in the same manner as if this Act had not passed. It is proposed to insert the various Enactments of this very important statute in the following divisions or sections : § I. Provisions of this Act extended to all present and subsequent Turnpike Acts. [§4.] II. Qualification of, and who shall be Trustees and Com- [§ 61, 62, 63, 64, 65, 66.] III. Actions and Proceedings against Trustees and Commissioners. [§ 134, 135.] IV. Officers in general - Duties of. [§ 50, 51, 52, 53, 54. 59. 71. 75, 76, 77. 136.] VI. Payment of Subscriptions enforced. VII. Mortgage of Tolls. [§ 82.] [§ 47, 48, 49. 81.] VIII. Powers to make and improve Roads. [§ 83, 84, 85, 86, 87, 88, 89, 90, 91, 92, 93, 94, 95, 96.] IX. Powers to get Materials. [$ 97, 98, 99, 100, 101, 102, 103.] X. Construction of, Breadth and Tire of Wheels. XI. Weights of Carriages. [§ 12, 13, 14, 15, 16, 17, 18, 19, 20.] XII. Weighing Engines to be erected, with additional Tolls for over-weight. [§ 21, 22, 23, 24, 25.] XIII. Exemptions from Tolls. [§ 26, 27, 28, 29, 30. 32, 33, 34, 35, 36.] XIV. Tolls to be paid upon Carriages affixed to others, and for Oxen. [f 31. 38.] XV. Tables of Tolls to be put up at Turnpike Gates· XVI. Composition for Tolls-Reduction or Advance. XVII. Erecting Toll Gates. [§ 45, 46. 125.] XVIII. Farming the Tolls. [ 55, 56, 57, 58.] XIX. Property of Toll-houses vested in Trustees. [§ 60.] XX. Statute duty, and other Labour. [§ 104, 105, 106, 107, 108, 109.] XXI. Apportionment of Fine on Indictment for non-repair. [§ 110.] XXII. Causeways - Ditches - Drains. [§ 111, 112, 113. 115.] XXIII. Annoyances to be removed. [§ 114. 118.] XXIV. Branches of Trees and Hedges to be cut, &c. [§ 116, 117.] XXV. Milestones, &c. to be erected. [§ 119.] XXVI. Watering Roads, and what shall be deemed the Centre. XXX. Destroying Turnpike Gates, and doing other Damage-Resisting the Execution of this Act. [§ 128. 139.] XXXI. Carriages to be Marked. [§ 129.] XXXII. Regulations respecting Drivers of Carriages. [130, 131, 132.] XXXIII. Apprehension of Offenders. [§ 140.] XXXIV. Prosecutions - Recovery and Application of [§ 133. 137, 138. 141, 142, 143, 144.] XXXVIII. Exceptions from the Operation of this Act. [§ 149, 150.] XXXIX. Consent to Turnpike Bill may be signified by Af fidavit. [§ 151, 152, 153.] XL. Forms of Proceedings. [§ 148.] § I. Provisions of this Act extended to all present and 3 G. 4. c. 126. subsequent Turnpike Acts. [$4.] By stat. 3 G. 4. c. 126. § 4. after reciting, that whereas it is of great importance that one uniform system should be adhered to in the laws for regulating the management and maintenance of turnpike roads throughout the kingdom; it is enacted, that from and after the 1st of January 1823, all the enactments, provisions, matters, and things in this act contained, shall extend, and be deemed, construed, and taken to extend, to all acts of parliament now in force, and to all acts which shall hereafter be passed, for making, widening, turning, amending, repairing, or maintaining any turnpike road or roads in that part of G. B. called England, save and except where any other commencement is particularly directed by this act, and as to such enactments, provisions, matters, and things as shall be expressly referred to, and varied, altered, or repealed by any such act or acts as shall be hereafter passed. After Jan. 1, 1823, this act to extend to all local acts for making and repairing turnpike roads. 3 G. 4. c. 126. II. Qualification of, and who shall be Trustees and Justices of peace to be trustees. Qualification of trustees. Qualification by personal property within 10 miles of London. Commissioners. [§ 61, 62, 63, 64, 65, 66.] By stat. 3 G. 4. c. 126. § 61. it is enacted, that all H. M.'s justices of the peace for the time being acting for the county_or counties through which any turnpike road now does or hereafter shall pass, shall be added to and joined with the trustees or commissioners for making, repairing, or maintaining every such turnpike road, and shall, on qualifying themselves as hereafter men. tioned, have all the same powers and authorities, to all intents and purposes, as if the said justices had severally been named or elected trustees or commissioners in or under any act or acts of parliament under which such roads shall be made, repaired, or maintained. § 62. No person who shall hereafter be chosen or appointed a trustee or commissioner, shall be qualified or capable of becoming and acting as a trustee or commissioner in the execution of any act for making, repairing, or maintaining any turnpike road, unless he shall be in his own right, or in the right of his wife, in the actual possession or receipt of the rents and profits of freehold or copyhold lands, tenements, or hereditaments, of the clear yearly value of 100l. above reprizes, or shall be heir apparent of a person possessed of freehold or copyhold lands, tenements, or hereditaments of the clear yearly value of 2007. above reprizes; and unless he shall, before he shall act as such trustee or commissioner, take and subscribe the oath or affirmation following, before any two or more of the trustees or commissioners appointed or to be appointed by or in pursuance of such act, who are hereby authorized and empowered to administer the same, in the words or to the effect following; (that is to say,) I do swear [or, being of the people called Quakers, do solemnly affirm,] that I truly and bona fide am, in my own right [or, in the right of my wife], in the actual possession and enjoyment of [or, in the receipt of rents and profits issuing out of] freehold or copyhold lands, tenements or hereditaments, of the clear yearly value of one hundred pounds above reprizes, [or, am heir apparent of who, to the best of my knowledge, is seised of freehold or copyhold lands, tenements, or hereditaments, of the clear yearly value of two hundred pounds above reprizes,] [or, that I am possessed of a personal estate of ten thousand pounds, clear of all debts and incumbrances, as the case may be.] So help me God. [or, being a Quaker, omit the words' So help me God.'] § 63. "Nothing herein contained shall prevent any person from acting as a trustee or commissioner of any turnpike roads, any part of which are or shall be situate within ten miles of the Royal Exchange in London, who shall be possessed of personal property to the amount or value of 10,000l., after payment of his debts." § 64. No person appointed or to be appointed a trustee or act where inte- commissioner in or by virtue of any act for repairing turnpike rested, or while roads, shall be capable of acting as such in the execution of any Trustees not to such act, in any case where he shall be personally interested 5 G. 4. c. 126. (except as herein-after provided), nor during the time he shall keeping a vickeep a victualling house, or other house of public entertainment, tualling house, or who shall sell wine, cider, beer, ale, spirituous or other strong &c. liquors by retail, or who shall be a lessee or farmer of the tolls on any turnpike road, or of any part or parts thereof; and if any Penalty for actperson not being qualified as aforesaid, or being disqualified by ing not being any of the causes aforesaid, or not having taken and subscribed qualified, 50% the oath herein-before mentioned, or being a Quaker, not having made and subscribed the affirmation herein-before mentioned, shall nevertheless presume to act as a trustee or commissioner in the execution of any such act, every such person shall for every such offence forfeit the sum of 50l. to any person or persons who shall sue for the same, to be recovered, with full costs of suit, in any of H. M.'s courts of record at Westminster, by action of debt or on the case, or by bill, plaint, suit, or information, wherein no essoign, protection, wager of law, or more than one imparlance shall be allowed; and the person so sued or prosecuted shall prove Person sued to that he is qualified, and not disqualified as aforesaid, or otherwise prove his qualishall pay the said penalty, without any other proof or evidence on fication. the part of the prosecutor than that such person had acted as a trustee or commissioner in the execution of any act for repairing account. turnpike roads: Provided, that no act or proceeding touching the Proceedings not execution of any such act, which shall be done or performed by to be impeached any such unqualified or disqualified person previously to his being on account of convicted of the offence before mentioned, shall be thereby im- disqualification. peached or rendered nugatory, but all such proceedings shall be as valid and effectual as if such person had been duly qualified; Provided, that no mortgagee or assignee of any mortgage or other Mortgagees on security, or any lender of money upon the credit of the tolls, or the tolls not disreceiving interest thereout for the same, shall on that account qualified on that only be deemed unqualified to act as a trustee or commissioner in the execution of any such act; and any trustees or commissioners appointed or to be appointed under any such act, who are or shall be in the commission of the peace, may act as such justices of the peace, in the execution of any such act, notwithstanding their being such trustees or commissioners, except in such cases only wherein they shall be personally interested otherwise than as a trustee, commissioner, mortgagee, assignee, lender of money, or holder of any security on the credit of the tolls granted by any such act. § 65. No trustee or commissioner of any turnpike road, shall, from and after this act shall be in force, enjoy any office or place of profit under any act in execution of which he shall have been appointed, or shall act as trustee or commissioner, or have any share or interest in or be in any manner directly or indirectly concerned in, any contract or bargain for making or repairing or in any way relating to the road for which he shall act, or for building or repairing any toll house, toll gate, or weighing engine thereon, or for supplying any materials for the use thereof; nor shall any such trustee or commissioner let out for hire any waggon, wain, cart, or other carriage, or any horse, cattle, or team, for the use of any turnpike road for which he shall act as a trustee or commissioner; nor by himself, or by any other person for or on his account, directly or indirectly, receive any sum or sums of Trustees and commissioners not to hold places of profit or be concerned in contracts, &c. |