Continue certain Turnpike Acts in Great Britain, W Acts con HEREAS it is expedient to continue for limited Times the Preamble. Acts herein-after specified, and to amend the general Laws in England relating to Turnpike Roads: Be it enacted by the Queen's most Excellent Majesty, by and with the 5 Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, That every Act now in force for regulating, Certain making, amending, or repairing any Turnpike Road in Great Britain Turnpike which will expire on or before the End of the next Session of tinued to 10 Parliament shall be continued until the First Day of October in the 1st Oct. 1851 Year One thousand eight hundred and fifty-one, and to the End of then next the then next Session of Parliament, except an Act of the Fifty-sixth Session. Year of King George the Third, intituled "An Act for making and 56 G. 3. "maintaining a Road from near Gatton Lodge in the County of c. xxx, 15" Surrey to Povey Cross in the said County," an Act of the Seventh Year of King George the Fourth, intituled "An Act for making a 7 G. 4. c. xc. "Turnpike Road from Saint John's Chapel in the Parish of Saint "Marylebone 675. A and End of C. 5 & 6 W. 4. c. xxiii. 66 66 Marylebone to the North-east End of Ballard's Lane, abutting upon the North Road, in the Parish of Finchley, with a Branch "therefrom, in the County of Middlesex," an Act of the Fifth and Sixth Years of King William the Fourth, intituled "An Act to "incorporate the Avenue Road in the Parish of Saint Marylebone 5 "with the Marylebone and Finchley Turnpike Roads in the County "of Middlesex," an Act of the Eighth Year of King George the Fourth, intituled "An Act for more effectually repairing and main"taining the Road from Whitby to Middleton in the County of "York," and an Act of the Ninth Year of King George the Fourth, 10 9 G. 4. c. cvii. intituled "An Act for more effectually repairing and maintaining 7 & 8 G. 4. c. liii. Acts in Schedule to this Act con tinued till 1st Nov. 1851. Power to Trustees to reduce or ture. "several Roads leading from Lymington in the County of South"ampton, and the Road to Wilverley Post in the New Forest," and except as hercin-after mentioned. II. And be it enacted, That the Acts mentioned in the Schedule 15 to this Act annexed shall continue in force until the First Day of November in the Year One thousand eight hundred and fifty-one, and no longer, unless Parliament shall in the meantime continue the same respectively. III. And be it enacted, That it shall be lawful for the Trustees or 20 Commissioners of any Turnpike Road, in case it appear to them take off Tolls expedient so to do, and notwithstanding any Provisions of any local on Lime used Act affecting such Road, and without the Consent of any Person or in AgriculPersons entitled to Money borrowed and remaining due on the Credit of the Tolls of such Road, from Time to Time at any General Annual 25 or other Meeting of such Trustees or Commissioners, (of which Meeting and of the Purposes thereof, so far as the same relate to the Exercise of the Powers given by this Enactment, such Trustees or Commissioners shall cause Notice to be given in some Newspaper usually circulated in the County or Counties in which such Road 30 is situate,) to reduce or wholly take off the Tolls on Horses, Beasts, Cattle, and Carriages employed in carrying or conveying Lime on such Road for the Improvement of Land, and afterwards at any such Meeting (of which Notice shall be given as aforesaid) from Time to Time as they see Occasion to advance or reimpose the Tolls so 35 reduced or taken off, but so that such Tolls shall not be advanced beyond the Amount or Amounts authorized to be taken by the Act or Acts of Parliament granting such Tolls: Provided always, that no such Order for reducing, taking off, advancing, or reimposing such Tolls shall take effect until the same has been submitted to and sanctioned 40 by One of Her Majesty's Principal Secretaries of State; provided also, that where the Tolls of such Road have been let to farm by the Trustees or Commissioners of such Road, no such Order reducing or taking taking off such Tolls shall take effect until the Expiration of the subsisting Contract or Agreement for the farming or letting thereof. c. 87. for extended to said Act. IV. And whereas by an Act of the last Session of Parliament, Provision in intituled "An Act to continue certain Turnpike Acts in Great Britain 12 & 13 Vict. 5" for limited Periods, and to make certain Provisions respecting Turn- forming a "pike Roads in England," it was enacted, that in every Case in Sinking Fund which the Trustees or Commissioners of any Turnpike Road should Debts conthereafter borrow, charge, or secure any Sum or Sums of Money on tracted before the Credit of the Tolls arising on such Road, such Trustees or Com- passing of 10 missioners should, out of the Tolls of such Road, and in priority to all other Payments, except such Interest as therein mentioned, set apart a Sum of Five Pounds per Centum per Annum on the Amount of Money so borrowed, charged, or secured, and when and so often as the Sums so set apart should amount to Two hundred Pounds, the 15 Trustees or Commissioners of the Road, out of the Tolls of which such Sum had arisen, should at any General Annual or other Meeting of such Trustees or Commissioners apply such Sum in Payment of a proportionate Part of the Monies borrowed, charged, or secured as aforesaid in manner therein mentioned: And whereas 20 it is expedient to extend such Enactment to Debts contracted on the Security of the Tolls of any Road before the passing of the said Act, but subject to the Proviso herein-after contained: Be it therefore enacted, That where the Trustees or Commissioners of any Turnpike Road had before the passing of the said Act 25 borrowed, charged, or secured any Sum or Sums of Money on the Credit of the Tolls arising on such Road, and any such Money shall remain unpaid and unsatisfied at the Time of the passing of this Act, such Trustees or Commissioners shall, out of the Tolls of such Road, after Payment thereout of the Interest on any Monies owing 30 on the Security of the said Tolls, and such Sums as may be required to be set apart under the said recited Enactment, and all other annual Liabilities (if any) of their Trust, and the necessary Expenses of the Repairs of such Road, and of the Salaries of their Officers, and all other necessary Expenses of their Trust, set apart a Sum of Five 35 Pounds per Centum per Annum on the Amount of Principal Money so borrowed, charged, or secured before the passing of the said Act, and remaining unpaid and unsatisfied as aforesaid, or such lesser Sum as may from Time to Time remain after such Payment as aforesaid; and when and so often as the Sums so set apart shall amount 40 to the Sum of Two hundred Pounds, the Trustees or Commissioners of the Road out of the Tolls of which such Sum has arisen shall apply such Sum in or towards Payment of the Monies so borrowed, charged, or secured as aforesaid, and then remaining unpaid, in manner provided by the said Act with respect to the Appli675. cation State may authorize Trustees not to set apart a Sinking Fund. cation of Money arising from the Sums set apart as therein mentioned, in or towards the Discharge of Monies borrowed, charged, or secured Secretary of after the passing of such Act: Provided always, that it shall be lawful for One of Her Majesty's Principal Secretaries of State, if upon the Application of the Trustees or Commissioners of any Turn- 5 pike Road he see fit so to do, by Order in Writing under his Hand, to authorize such Trustees or Commissioners not to set apart any Sum as herein-before required, or to set apart a less Sum per Centum per Annum than the Sum herein-before mentioned, and it shall be lawful for such Secretary of State from Time to Time to vary or 10 revoke any such Authority, and such Order shall be binding on such Trustees or Commissioners: Provided also, that where Provision is made under any local Act for forming a Fund for the Discharge of the Monies borrowed, charged, or secured on the Tolls of any Turnpike Road, this Enactment shall not extend to the Trustees 15 or Commissioners of such Road. Enactment not to interfere with Sinking Funds under local Acts. Mortgagee under Acts of the present and sion not to enter such Possession while Interest is punctually paid. V. And be it enacted, That where any Mortgage of the Tolls of any Turnpike Road shall be made under the Powers of any Act passed or to be passed in or after the present Session of Parliament future Ses- (other than an Act continuing the Term of any existing Act), no 20 Holder of such Mortgage shall be entitled to enter into possession of all or any of the Toll Gates, Bars, Chains, Toll Houses, or Buildings upon such Road in case and so long as the Interest on the Mortgage Debt thereby secured up to the last half-yearly or other periodical Day on which such Interest is payable be paid within One Month 25 after such Day as aforesaid, or within One Month after the same is demanded (which shall last happen), and where any Mortgagee in Possession as aforesaid has been fully paid all Interest up to the last half-yearly or other such periodical Day as aforesaid, together with any Costs he may be entitled to retain out of the Tolls of the Road, 30 he shall, within Twenty-one Days after such Payment, render to the Trustees or Commissioners of such Road an Account of his Receipts as such Mortgagee in Possession and of the Application thereof, and shall pay the Balance (if any) in his Hand to the Treasurer of such Road; and shall deliver Possession of all Toll Gates, Bars, Chains, 35 Toll Houses, and Buildings of which he may have been in possession, to the said Trustees or Commissioners or to some Person appointed by them, and where no half-yearly or other periodical Day is fixed by such Mortgage or otherwise for the Payment of Interest, such Interest shall for the Purposes of this Provision be deemed to be payable on the 40 First Day of May and the First Day of November in every Year. Repeal of VI. And whereas in the Act to facilitate the Union of Turnpike Limitation of Trusts it is enacted, that Three Years must expire before any Three Years other of united other Trust or united Trusts can be united to any united Trust; and before Union it is expedient further to promote the Union of Turnpike Trusts: Trusts. Be it enacted, That the said Restriction requiring that Three Years must expire before such further Union can be effected be repealed. into One 5 VII. And whereas Divisions or Districts are formed in certain Facilitating the Union of Trusts according to the Provisions of the Acts constituting the same, Divisions or and it is expedient that Power should be given to unite such Divisions Districts or Districts into One Trust, or to enable such Divisions or Districts, Trust. either separately or collectively, to unite with other Trusts: Be it 10 enacted, That every Division or District formed under any Act by which any Turnpike Trust is constituted shall, for the Purposes of determining upon and effecting such Union as aforesaid, be entitled to act as if it were a separate Trust, and may as such, subject to all the Provisions of the Act to facilitate the Union of Turnpike Trusts, and 15 in the Manner and under the Conditions therein provided, unite with any or all of the other Divisions or Districts in the same Trust, or with any other Trust or united Trust; and if united with any other Trust or united Trust, the Act by which the Trust is established to which any such Division or District shall belong, save and except 20 such Parts of the same as may require the joint Action of the Division or District separated with the other Divisions or Districts from which it shall be separated, and save and except such Parts as shall relate exclusively to such other Divisions or Districts, shall be to all Intents and Purposes the Act constituting the Trust for the said 25 Division or District thus separated from the other Divisions or Districts formed under the same Act. 30 VIII. And be it enacted, That in citing this Act in other Acts of Short Title. Parliament, and in legal Instruments, it shall be sufficient to use the Expression "The Annual Turnpike Acts Continuance Act, 1850." IX. And be it enacted, That this Act shall not apply to Ireland, As to Extennor, except in respect of the Continuance of the Acts hereby con- sion of Act. tinued, to Scotland. 675. B SCHE |