Sivut kuvina
PDF
ePub

Treasurer and
Clerk not to be
the same
Person.

before mentioned) with the Payment of any Sum or Sums of Money laid out or expended in or towards the making, repairing, or altering any Turnpike Road, nor shall Execution issue against the Goods and Chattels of any Trustee, by reason of his having acted as such Trustee, or having signed or authorized or directed any Contract or Security to be entered into relating to any such Road, unless in such Contract or Security such Trustee shall have in express Words rendered himself so personally liable.

IV. And be it further enacted, That it shall not be lawful for any Trustees to continue or appoint the Person who has been or may be appointed their Clerk in the Execution of any Act for repairing or maintaining any Turnpike Road, or the Partner of any such Clerk, or the Clerk or other Person in the Service or Employ of any such Clerk or of his Partner, the Treasurer for the Purposes of such Act, or to continue or appoint any Person who has been or may be appointed Treasurer, or the Partner of any such Treasurer, or the Clerk or other Person in the Service or Employ of any such Treasurer or of his Partner, the Clerk for the Purposes of such Act; and if any Person shall accept both the Offices of Clerk and Treasurer for the Purposes of such Act, or if any Person being the Partner of any such Clerk, or the Clerk or other Person in the Service or Employ of any such Clerk or of his Partner, shall accept the Office of Treasurer, or shall act as Deputy of the Treasurer, or in any Manner officiate for the Treasurer, or being the Partner of any such Treasurer, or the Clerk or other Person in the Service or Employ of any such Treasurer or of his Partner, shall accept the Office of Clerk in the Execution of such Act, or shall act as Deputy of such Clerk, or in any Manner officiate for such Clerk, or if any such Treasurer shall hold any Place of Profit or Trust under the said Trustees other than that of Treasurer, every such Person so offending shall

for every such Offence forfeit and pay the Sum of One hundred Pounds to any Person who shall sue for the same, to be recovered, with full Costs of Suit, in any of His Majesty's Courts of Record at Westminster, by Action of Debt or on the Case, or by Bill, Suit, or Information, wherein no Essoign, Protection, Wager of Law, nor more than One Imparlance, shall be allowed.

V. And be it further enacted, That it shall be lawful for the Trustees of any Turnpike Road, and they are hereby authorized

empowered, from time to time, at any Special Meeting to be holden for that Purpose, of which Meeting public Notice, specifying the Time and Place for holding such Meeting and the Purpose thereof shall have been given in some Newspaper, published or circulated in the County or Counties through which such Turnpike Road passes, and also by affixing a Copy of such Notice on all the Turnpikes, Toll Gates, and Side Bars which shall be then standing on such Road, Fourteen Days previously to such Meeting, to order and direct any of such Turnpikes, Toll Gates, or Side Bars to be removed and placed elsewhere, upon, across, or by or on the Sides of such Road, in such Situations as to them the said Trustees may appear fit or eligible ; subject always to the Provisoes and Restrictions contained in any Act for making or maintaining any such Turnpike Road.

VI. And

Power to remove Toll Gates, &c.

of

VI. And be it further enacted, That it shall be lawful for the Lamps to be Trustees to order and direct One or more Lamp or Lamps to be lighted at Toll

Houses. placed and erected on or against or in front of each and every the Toll Houses on the Road, and also to order and direct at what Times of the Year and during what Hours such Lamp or Lamps, or any of them, shall be kept lighted; and all and every the Collector and Collectors of the Tolls on such Road, and also all and every the Lessees or Lessee thereof, who shall neglect or omit to observe and fulfil the Order of the said Trustees in respect to the keeping and lighting of such Lamp or Lamps, shall forfeit and pay any Sum not exceeding Twenty Shillings for every such Neglect or Omission; and in case any Person shall damage or injure any Lamp or Lamps to be placed and set up as aforesaid, or extinguish the Lights therein, such Person shall forfeit and pay any Šum not exceeding Forty Shillings for every such Offence.

VII. And be it further enacted, That if any Lands, Tenements, For Payment or Hereditaments which shall be purchased for the purposes of of Mortgages any Act for making or maintaining Turnpike Roads, shall be in on Land pur

chased. Mortgage to any Person, then and in such Case the Trustees shall and they are hereby required to pay or cause to be paid to the Mortgagee or Mortgagees, his, her, or their Executors, Administrators, or Assigns, upon Application in Writing made to the Trustees or their

Clerk, signed by such Mortgagee or Mortgagees, his, her, or their Executors, Administrators, or Assigns, such Sum or Sums of Money as shall be agreed for, ascertained, and determined, for the Purchase of such Lands, Tenements, or Hereditaments, or a competent Part thereof; and such Sum or Sums of Money, when so paid, shall be and be deemed to be in discharge of the Principal Money, or Part thereof, due on such Mortgage or Mortgages, and Acknowledgment of the Receipt thereof shall be made by Endorsement on the Mortgage Deed or Deeds, signed by such Mortgagee or Mortgagees, his, her, or their Executors, Administrators, or Assigns, in the Presence of one or more credible Witness or Witnesses ; and such Endorsement shall be and be deemed to be a full and sufficient Discharge to the Trustees from the Mortgagee or Mortgagees, his, her, or their Executors, Administrators, or Assigns, and also a full and sufficient Discharge to the Mortgagor or Mortgagors, his, her, or their Heirs, Executors, Administrators, or Assigns, from the Mortgagee or Mortgagees, his, her, or their Executors, Administrators, or Assigns, for so much Money as shall be expressed in such Endorsement.

VIII. And be it further enacted, That so much of the said Act Repeal of Proof the Third Year of the Reign of His present Majesty, as directs visions respectthe Application of Compensation Money for Lands, Tenements, or ing Applica

tion of ComHereditaments purchased for the Purposes of any Act for making

pensation or maintaining I'urnpike Roads, shall be and the same is hereby Money. repealed.

IX. And be it further enacted, That if any Money shall be Application of agreed or awarded to be paid for any Lands, Tenements, or He- Compensation reditaments, purchased, taken, or used by the Trustees, which when amountshall belong to any Body Politic, Corporate, or Collegiate, Corpo- ing to 2001. ration Aggregate or Sole, Infant, Lunatic, Tenant for Life or in

I G.4. c. 35.

Tail, General or Special, Feoffee in Trust, Guardian, Committee, Trustee, Feme Covert, or other incapacitated Person, such Monies shall, if the same amount to the Sum of Two hundred Pounds, with all convenient Speed be paid into the Bank of England, in the Name and with the Privity of the Accountant General of the Court of Exchequer, to be placed to his Accouat er parte the Trustees for executing such Act, pursuant to the Method prescribed by an Act passed in the First Year of the Reign of King George the Fourth, intituled An Act for the better securing the Monies and Effects paid into the Court of Exchequer at Westminster on account of the Suitors of the said Court, and for the Appointment of an Accountant General and Two Masters of the said Court, and for other Purposes, and the General Orders of the said Court, and without Fee or Reward; and such Money, when so paid in, shall be applied, under the Direction and with the Approbation of the said Court, to be signified by an order to be made upon a Petition to be preferred in a summary Way by the Person who would have been entitled to the Rents and Profits of the said Lands, Tenements, or Hereditaments, in the Purchase of the Land Tax, or the Discharge of any Debt or Debts, or such other Incumbrances, or Part thereof, as the said Court shall authorize to be paid, affecting the same Lands, Tenements, or Hereditaments, or affecting other Lands, Tenements, or Hereditaments standing settled therewith to the same or the like Uses, Intents, or Purposes ; or where such Money shall not be so applied, then the same shall be laid out and invested, under the Direction and Approbation of the said Court, in the Purchase of other Lands, Tenements, or Hereditaments, which shall be conveyed and settled to, for, and upon such and the like Uses, Trusts, Intents, and Purposes, and in the same Manner as the Lands, Tenements, or Hereditaments, which shall be so purchased, taken, or used as aforesaid, stood settled or limited, or such of them as at the Time of making such Conveyance and Settlement shall be existing undetermined and capable of taking effect; and in the meantime, and until such Purchase shall be made, the said Money shall, by Order of the said Court upon Application thereto, be invested by the said Account. ant General, in his Name, in the Purchase of Three Pounds per Centum Consolidated or Three Pounds

per

Centum Reduced Bank Annuities; and in the meantime, and until the said Bank Annuities shall be ordered by the said Court to be sold for the Purposes aforesaid, the Dividends and Annual Produce of the said Consolidated or Reduced Bank Annuities shall from time to time be paid, by Order of the said Court, to the Person who would for the Time being have been entitled to the Rents and Profits of the said Lands, Tenements, or Hereditaments so purchased, in case such Purchase or Settlement were made.

X. Provided always, and be it further enacted, That if any Money so agreed or awarded to be paid for any Lands, Tenements, or Hereditaments, purchased, taken or used, and belonging to any Person under any Disability or Incapacity as aforesaid, shall be less than the Sum of Two hundred Pounds, and shall exceed the Sum of Twenty Pounds, then and in all such Cases the same shall, at the Option of the Person for the Time being entitled to the Rents and Profits of the Lands, Tenements, and Hereditaments so purchased, taken, or used, or of his Guardian or Guardians, Committee or Committees, in case of Infancy, Idiotcy, or Lunacy, to be signified in Writing under their respective Hands, be paid into the Bank of England, in the Name and with the Privity of the said Accountant General of the Court of Exchequer, and be placed to his Account as aforesaid, in order to be applied in Manner hereinbefore directed; or otherwise the same shall be paid at the like Option, to Two Trustees, to be nominated by the Person or Persons making such Option, and approved of by the Trustees taking such Lands, Tenements, or Hereditaments, (such Nomination and Approbation to be signified in Writing under the Hands of the nominating and approving Parties,) in order that such Principal Money, and the Dividends and Interest arising thereon, may be applied in Manner hereinbefore directed, so far as the Case may be applicable, without obtaining or being required to obtain the Direction or Approbation of the said Court of Exchequer.

taments

Application when under 2001. and above 201.

XI. Provided also, and be it further enacted, That where such When less than Money so agreed or awarded to be paid as hereinbefore men- 201. tioned shall be less than the Sum of Twenty Pounds, then and in all such Cases the same shall be applied to the Use of the Corporation or Person who would for the Time being have been entitled to the Rents and Profits of the Lands, Tenements, or Hereditaments so purchased, taken, or used in such Manner as the Trustees taking such Lands, Tenements, or Hereditaments shall think fit; or in case of Infancy, Idiotcy, or Lunacy, then to his Guardian or Guardians, Committee or Committees, to and for the Use and Benefit of such Person so entitled respectively.

XII. And be it further enacted, That in case the Corporation In case of not or Person to whom any Sum or Sums of Money shall be awarded, making out for the Purchase of any Lands, Tenements, or Hereditaments, Title, or Pershall refuse to accept the same, or shall not be able to make

sons not being

found. good Title to the Premises to the Satisfaction of the Trustees, or in case the Person to whom such Sum or Sums of Money shall be so awarded cannot be found, or if the Person entitled to such Lands, Tenements, or Hereditaments be not known or discovered, then and in every such Case it shall be lawful for the said Trustees to order the said Sum or Sums of Money to be paid into the Bank of England, in the Name and with the Privity of the Accountant General of the said Court of Exchequer, to be placed to his Account, to the Credit of the Parties interested in the said Lands, Tenements, or Hereditaments, (describing them,) subject to the Order, Control, and Disposition of the said Court of Exchequer ; which said Court, on the Application of any Person making claim to such Sum or Sums of Money, or any Part thereof, by Motion or Petition, shall and is hereby empowered, in a summary Way of Proceeding or otherwise, as to the same Court shall seem meet, to order the same to be laid out and invested in the Public Funds, and to order Distribution thereof, or Payment of the Dividends thereof, according to the respective Estate or Estates, Title or Interest, of the Person making claim thereto, and to make such other Order in the Premises as to the said Court shall seem just and reasonable ; and the Cashier or Cashiers of the Bank of England, who shall receive such Sum or 7 & 8 Geo. IV. L

Sums

.

a

[ocr errors][merged small]
[ocr errors]

Sums of Money, is and are hereby required to give a Receipt or Receipts for such Sum or Sums of Money (mentioning and specifying for what and for whose Use the same is or are received) to. such Person as shall pay any Sum or Sums of Money into the

Bank as aforesaid. Persons in pos- XIII. Provided always, and be it further enacted, That where session pre

any Question shall arise touching the Title of any Corporation or suinptively Person to any Money to be paid into the Bank of England in the entitled.

Name and with the Privity of the Accountant General of the Court of Exchequer in pursuance of this Act, for the Purchase of any Lands, Tenements, or Hereditaments, or of any Estate, Right, or Interest in any Lands, Tenements, or Hereditaments, or of any Bank Annuities to be purchased with any such Money, or to the Dividends or Interest of any such Bank Annuities, the Person who shall have been in Possession of such Lands, Tenements, or Hereditaments at the Time of such Purchase, and all Persons claiming under such Person, or under the Possession of such Person, shall be deemed and taken to be lawfully entitled to such Lands, Tenements, or Hereditaments, according to such Posses. sion, until the contrary shall be shown to the Satisfaction of the said Court of Exchequer; and the Dividends or Interest of the Bank Annuities to be purchased with such Money, and also the Capital of such Bank Annuities, shall be paid, applied, and disposed of accordingly, unless it shall be made appear to the said Court that such Possession was a wrongful Possession, and that some other Person was lawfully entitled to such Lands, Tene.

ments, or Hereditaments, or to some Estate or Interest therein. The Court XIV. Provided also, and be it further enacted, That where, by

reason of any Disability or Incapacity of the Corporation or Per. reasonable Ex.

son entitled to any Lands, Tenements, or Hereditaments, the pences of Purchases to be

Purchase Money for the same shall be required to be paid into the paid.

said Court, and to be applied in the Purchase of other Lands,
Tenements, or Hereditaments, to be settled to the like Uses, it
shall be lawful for the said Court to order the Expences of all
Purchases from time to time to be made in pursuance of this Act,
or so much of such Expences as the said Court shall deem rea-
sonable, together with the necessary Costs and Charges of obtain-
ing such Order, to be paid by the Trustees taking any such Lands,
Tenements, or Hereditaments, who shall from time to time pay
such Sums of Money for such Purposes as the said Court shall

direct.
Justices to XV. Provided always, and be it enacted, that the Trustees shall
award for Ma-

not be required to pay any larger Sum as a Satisfaction for any terials no larger Materials raised, taken, or carried away from any Lands or could actually Grounds, for making or repairing any Turnpike Road, than such be sold for. Sum of Money as it shall appear to the Two Justices settling and

determining such Satisfaction that such Materials might or could
have been actually sold for in case the same had not been raised,
taken, or carried away by such Trustees; and in case the said
Justices shall be of Opinion that the said Materials, before they
had been so raised, taken, or carried away, could not have been
sold or disposed of, then the said Justices shall only assess the
Damage done to the Lands or Grounds of the Owners or Occu-
piers thereof, by the raising, gathering, or carrying away the same.

XVI. And

may order

« EdellinenJatka »