EXCEPTIONS OUT OF ACTS. 3 Geo. 4, c. 126. Nor to 56 Geo. 3, ing the road from Glasgow to Carlisle, or, &c. docks, and for repairing the Cannon Street road, and for making and maintaining a new road to Barking, and a road from the Rumford and Whitechapel road to Tilbury Fort in the counties of Middlesex and Essex, and also for making a new branch of road from King David Lane, Shadwell, to the Essex road at Mile End in the county of Middlesex; or to affect, encroach upon, vary, alter, or interfere with any of the tolls, weights, or duties created by virtue of the said acts or any of them, or any of the powers and authorities given to or vested in the trustees acting under or by virtue of the said acts, or any or either of them." Sect. 150 provides, "That nothing herein contained shall be deemed, c. 83, for improv construed, or taken to extend to an act passed in the fifty-sixth year of the reign of his late Majesty king George the third, intituled, An act for improv ing the road from the city of Glasgow to the city of Carlisle, or to three several acts amending the same, passed in the fifty-eighth and fifty-ninth years of the reign of his said late Majesty, and in the first and second years of the reign of his present Majesty." By stat. 4 Geo. IV. c. 95, s. 90, it is enacted, "That nothing in the said recited act [3 Geo. IV. c. 126] or this act contained shall extend or be construed to extend to any road or roads not under the care and management of trustees or commissioners, or to any road or roads which shall be made, maintained, or supported under the provisions of any act or acts of Parliament passed for an unlimited period, notwithstanding tolls may be collected on such roads, or shall extend to affect, alter, or interfere with the qualifications of any commissioners or other persons having the care and management of any such last-mentioned roads, or with any tolls taken or weights carried thereon, or in any other manner therewith." Sect. 91. "That nothing in the said recited act of the third year of the reign of his present Majesty, or in this act contained, shall extend, or be deemed, construed or taken to extend to an act passed in the fifty-ninth year of the reign of his late Majesty, intituled An Act for vesting in Commis sioners the line of road from Shrewsbury in the County of Salop to Bangor Ferry in the County of Carnarvon, and for discharging the Trustees under several acts of the seventeenth, twenty-eighth, thirty-sixth, forty-first, fortysecond, forty-seventh and fiftieth years of his present Majesty, from the future repair and maintenance thereof, and for altering and repealing so much of the said acts as affects the said line of road; nor to an act passed in the same year, intituled An Act to amend an act passed in the fifty-fifth year of the reign of his present Majesty, for granting to his Majesty the sum of twenty thousand pounds towards repairing roads between London and Holyhead by Chester, and between London and Bangor by Shrewsbury, and for giving additional powers to the Commissioners therein named, to build a bridge over the Menai Straits, and to make a new road from Bangor Ferry to Holyhead, in the county of Anglesea; nor to any road or roads repaired, maintained and supported under the powers and provisions of the said two last mentioned acts.' Sect. 92. "That nothing in this act contained shall extend, or be construed, adjudged, deemed, or taken to extend to the turnpike road called the Commercial Road, or the several branches leading from and out of the same, authorized to be made, repaired, and maintained under and by virtue of five several acts of Parliament, made and passed in the forty-third, forty-fourth, forty-sixth, forty-ninth and fifty-first years of the reign of his late Majesty king George the third, for making and maintaining the roads communicating with the West and East India Docks, and for repairing the Cannon Street road, and for making and maintaining a new road to Barking, and a road from the Romford and Whitechapel Road to Tilbury Fort, in the counties of Middlesex and Essex, and also for making a new branch of road from King David Lane, Shadwell, to the Essex Road at Mile End, in the county of Middlesex; or to affect, encroach upon, vary, alter or interfere with any of the tolls, weights, or duties created by virtue of the said acts or any of them, or any of the powers and authorities given to or vested in the trustees acting under or by virtue of the said acts, or any or either of them." EXPLANATION OF WORDS. 4 Geo. 4, c. 95. 9 Geo. 4, c. 77, not to extend to ComGeo. 4, c. 112), or mercial Road (9 the road from Glasgow to Car lisle, (56 Geo. 3, c. 83; 58 Geo. 3, c. 44; 59 Geo. 3, Sect. 93. "That so much of the turnpike road from Carlisle to Glasgow as lies in the county of Cumberland, shall, from and after the passing of this act, be subject to the regulations, powers, and provisions of the said act passed in the third year of the reign of his present Majesty, and this act, so far as the same respects nuisances, annoyances and trespasses; and the justices of the peace acting for the county of Cumberland are hereby authorized and empowered to enforce all penalties for nuisances, annoyances, and trespasses on the said road, within the said county of Cumberland. The 9 Geo. IV. c. 77, s. 20, enacts, "That nothing in this act or in the said recited acts contained, shall extend or be construed, adjudged, deemed er taken to extend to the turnpike road called the Commercial Road, or the several branches leading from and out of the same, authorized to be made, repaired, and maintained under and by virtue of an act passed in this session of Parliament, intituled An Act for more effectually repairing and improving the several roads called the Cannon Street Roads, the Commercial Road, the c. 90; 1 & 2 Geo. 4, Horseferry Branch of Road, the East India Dock Road, the Barking Road, and the Shadwell and Mile End Branch of Road, in the counties of Middleser and Essex; and for laying down a stoneway on the said Commercial, East India Dock, and Barking Roads; or to affect, encroach upon, vary, alter, or interfere with any of the tolls, weights, or duties created by virtue of such act, or any of the powers and authorities given to or vested in the trustees acting under or by virtue of such act; nor shall extend or be deemed, construed, or taken to extend to an act passed in the fifty-sixth year of the reign of his said late Majesty, intituled An Act for improving the Road from the City of Glasgow, to the City of Carlisle, or to three several acts amending the same, passed in the fifty-eighth and fifty-ninth years of the reign of his said late Majesty, and in the first and second years of the reign of his present Majesty." IV. Explanation of Words in Acts. c. 127). What shall be deemed the road, (a). BY 3 Geo. IV. c. 126, s. 124, after reciting that 'Whereas doubts may arise as to what is to be deemed the road, or the centre of the road;' enacts, "That where, in this or any other act of Parliament relating to turnpike roads, any matter or thing is directed or forbidden to be done within a certain distance of the centre of the road, that portion of ground shall be deemed and taken to be the road which has been maintained by the trustees or commissioners as hard road, and repaired with stones, gravel, or other materials used in forming roads, for six months immediately preceding any offence committed against such regulations; and the centre of the road shall be the middle of What the centre. such hard road, where a line being drawn along the road or a point marked, an equal number of feet of hard road, which have been so maintained and repaired as aforesaid for six months before, shall be found on each side of such line or mark: Provided always, that nothing herein contained shall authorize any person or persons to inclose or make any encroachment on any waste lands or grounds lying on the side of any turnpike road, being part of the highway, and over which the king's subjects have been used and road. accustomed to pass; but every person who shall inclose such waste lands and grounds, or obstruct the right of passage over the same, shall continue and be subject to the same process and penalties as if this act had not been made." No encroachment to be made on the waste lands lying on the side of any A day, for the purposes of all local turnpike acts, is computed from twelve what a day. o'clock at night to twelve o'clock the next succeeding night. This definition refers to the taking of tolls, see the 9 Geo. IV. c. 77, s. 16, post, 165. By stat. 7 & 8 Geo. IV. c. 24, s. 19, "The word trustees in the said recited Trustees. acts [3 Geo. IV. c. 126; 4 Geo. IV. c. 95], or any of them, or in this act, shall be deemed and construed to extend to all or any of the trustees or commissioners appointed for the execution of any act or acts for making, amending, repairing, maintaining, or keeping in repair any turn (a) The term road means a surface over which the public have a right to pass. R. v. Commissioners of Llandilo District, 2 T. R. 232. TRUSTEES. Persons. County. Parish. pike road; and the word person, in the said recited acts, or any of them, or in this act, shall be deemed and construed to extend to and to include any one or more person or persons, and of eitheir sex; and the word county, in the said recited acts, or any of them, or in this act, shall be deemed and construed to extend to and to include riding or division; and the word parish, in the said recited acts, or any of them, or in this act, shall be deemed and construed to extend to and to include ward, district, hamlet, township, or place.' Division of subject. Justices of peace to be trustees. Oath of qualification as trustees not required from justices. Justices acting for ridings or divisions, &c. through which roads pass shall have the like powers for making and repairing turn pike roads as jus tices for counties. Qualification of trustees (c). V. Trustees. AND herein, 1st. As to who are, their Qualification and Oaths; 2. When they are disqualified from acting, from Interest or being Victuallers or Lessees of Tolls, &c.; 3. The Prohibitions against their holding Offices of Profit, or being concerned in certain Contracts; 4. Of the Property vested in them; 5. Their Powers in general; 6. Their Meetings; 7. The Entry of their Proceedings in Books, &c.; 8. Their Audit of Accounts of Treasurer, &c.; 9. Their Personal Liability; 10. The Recovery from them of Money for Compensation for Materials; And lastly, of Actions by and against them, &c. (1). Trustees, their Qualification and Oaths. The appointment of trustees is always made according to the local turnpike act. But they must also be qualified, according to the terms contained in the following general enactments : By stat. 3 Geo. IV. c. 126, s. 61, it is enacted, "That all his Majesty's jus tices 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 mentioned, 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.” But by 4 Geo. IV. c. 95, s. 34, "Nothing in the said recited act [3 Geo. IV. c. 126], or in this or any other act contained, shall extend or be construed to extend so as to require any justice of the peace acting for any county to take or subscribe any oath of qualification before he shall act as trustee in the executoin of any act or acts for making, repairing, or maintaining any turnpike road." And by stat. 5 Geo. IV. c. 69, after reciting the titles of stats. 3 Geo. IV. c. 126; 4 Geo. IV. c. 95, and sect. 61 of stat. 3 Geo. IV. c. 126, (supra); and that it is expedient that his Majesty's justices of the peace acting for any riding, division, or soke, should also be enabled to act as trustees (a) for the repair of turnpike roads,' it is enacted, "That from and after the passing of this act, all his Majesty's justices of the peace for the time being, acting for the county or counties, riding or ridings, division or divisions, soke or sokes, through any part of which any turnpike road now does, or hereafter shall pass, shall have such and the like powers and authorities for the making and repairing any such turnpike road, and be subject to the same rules and regulations, by virtue of or under the said recited acts, as any of his Majesty's justices of the peace acting for any county or counties (b).” By stat. 3 Geo. IV. c. 126, s. 62, "No person who shall hereafter be (a) The word "trustees" comprehends commissioners. 7 & 8 Geo. IV. c. 24, s. 19, ante, 121. (b) The word " county" includes riding or division. 7 & 8 Geo. IV. c. 24, $. 19, supra. (c) The qualification of a trustee cannot be questioned indirectly. Pritchard v. Walker, 3 C. & P. 212, and see that case, 209. As to the penalty for acting not being qualified, see post, 125. QUALIFICA TION AND OATHS. 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 of Parliament 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 3 Geo. 4, c. 126. 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 copybold lands, tenements, or hereditaments, of the clear yearly value of 2001. 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, A. B., 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."" Sect. 63. " Nothing herein contained shall hinder or 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." Qualification by within ten miles of personal property London. By stat. 4 Geo. IV. c. 95, s. 32, “No person, who shall after the passing Trustees to be of this act be chosen or appointed a trustee or a commissioner by or under sworn. any act or acts for making or maintaining any turnpike road, shall act as such trustee or commissioner, unless he shall, before he shall act as such (except in administering the oath or affirmation hereinafter mentioned), take and subscribe before one or more of the said trustees or commissioners (who is and are hereby empowered to administer the same) the oath or affirmation following; (that is to say), “I, A. B., do swear, [or, being one of the people called Quakers, do so- Oath. lemnly affirm], that I will truly and impartially, according to the best of my judgment, execute and perform the several powers, authorities, and trusts reposed in me as a trustee [or, commissioner] by virtue of an act passed in the third year of the reign of his Majesty king George the fourth, intituled "An act to amend the general laws now in being for regulating turnpike roads in that part of Great Britain called England;" and also an act passed in the fourth year of the reign of his said Majesty, intituled [here set forth the title of this act (a);] and also an act passed in the year of the reign of his Majesty, intituled [here set forth the title of the act under which such trustee or commissioner shall claim to act]. So help me God. [or, being a Quaker, omit the words' So help me God']." "And if any such person shall act (except as aforesaid) before he shall have Penalty 50%. taken and subscribed the said oath or affirmation, every such person shall, for every such offence, forfeit and pay the sum of 50l. with full costs of suit, to any person or persons who shall inform or sue for the same in any of his Majesty's Courts of record at Westminster, by action of debt, or on the case, bill, suit, or information, wherein no essoign, protection, or wager of law, (a)" An act to explain and amend an act passed in the third year of the reign of his present Majesty, to amend the general laws now in being for regulating TRUSTEES, though oath omit ted to be taken un der recited act. Quakers making affirmation may act as trustees. Explaining trus 13 Geo. 3, c. 84. or more than one imparlance shall be allowed: provided always, that no act or proceeding touching the execution of the said act of the third year of the reign of his present Majesty, or this act, or any act for making or maintaining any turnpike road, which shall be done or performed by any such person who shall have omitted or neglected to take and subscribe the said oath or affirmation by this act prescribed, shall be thereby impeached or rendered nugatory; but all such proceedings shall be as valid and effectual as if such person had taken such oath or affirmation previously to his having acted as such trustee or commissioner as aforesaid (a)." Sect. 33. "If any person being a quaker shall have been or shall hereafter be appointed or elected, by or under any act or acts of Parliament for making, repairing, or maintaining any turnpike road, a trustee or commissioner of such road, and shall be in other respects qualified according to the provisions of the said recited act [3 Geo. IV. c. 126], it shall and may be lawful for such person, on taking and subscribing the affirmations in the said recited act and this act contained, to act as a trustee or commissioner in execution of the act or acts by or under which such person shall be appointed or elected, without being subject or liable to any penalty or forfeiture by such act or acts imposed for acting as a trustee or commissioner not having taken and subscribed the oaths therein contained," Sect. 35 declares and enacts, "That where any persons shall, pretees' qualification. viously to the 1st day of January, 1823, have been duly qualified according to the provisions of, and taken the oath prescribed in that behalf by an act passed in the thirteenth year of the reign of his late Majesty king George the third, intituled An Act to explain, amend, and reduce into one act of Parliament the general laws now in being for regulating Turnpike Roads in that part of Great Britain called England, or for other purposes; or have been duly qualified according to the provisions of, and taken the oath prescribed by any other act or acts of Parliament for making, maintaining, or repairing any particular turnpike road, previously to the said 1st day of January, and shall have been then acting as a trustee or commissioner in the execution of such act or acts, it shall and may be lawful for such person to continue to act as a trustee or commissioner under such act or acts, without requalifying, or taking the oath prescribed in and by the said recited act of the third year of his present Majesty's reign; and although such person may not be possessed of freehold or copyhold lands, tenements, or hereditaments, or be heir apparent to any person possessing the same, to the amount required by the said recited act.' Trustee losing his qualification to become incapable of acting (b). For appointing new trustees on vacancies. Sect. 36 provides, "That if any trustee or commissioner who shall have been acting as such previously to the said 1st day of January, 1823, shall have lost or parted with, subsequently thereto, or shall hereafter lose or part with, by sale, assignment, bankruptcy, insolvency, or otherwise, the qualification in respect of which he acted as a trustee or commissioner, and shall not be possessed of the qualification required by the said act [13 Geo. III. c. 84], or by the act or acts in the execution of which such trustee or commissioner shall have acted, every such trustee or commissioner shall therefrom become disqualified, and be incapable of any longer acting as a trustee or commissioner; and if any such trustee or commissioner so becoming disqualified shall presume to act in execution of the act or acts under which he previously acted, he shall, for every such offence, incur and be liable to the penalties and forfeitures imposed by the said recited act of the third year aforesaid, on persons acting as trustees or commissioners not being duly qualified, to be sued for and recovered under the powers and provisions of the said act.” By 3 Geo. IV. c. 126, s. 66, "When and as often as any of the trustees or commissioners, save and except the justices of the peace, appointed or (a) There is a similar provision where the trustee is not qualified, 3 Geo. IV. (b) This section, it seems, relates only to persons who acted as trustees before January, 1823. |