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CAP. LVII. An Act to amend the Law relating to the Appointment of Returning Officers in certain Cases.
[31st July 1854.] WHEREAS by an Act passed in the Session of Parliament
holden in the Sixteenth and Seventeenth Years of the Reign of Her present Majesty, Chapter Sixty-eight, it is ' amongst other things enacted, that the Writ for making any
Election of a Member to serve in Parliament for any Borough, * Town Corporate, Port, or Place returning Members to serve in • Parliament in England and Wales shall thereafter be directed 'to the Returning Officer of such Borough, Town Corporate, 'Port, or Place respectively: And whereas by another Act passed in the Session of Parliament holden in the Sixth and Seventh Years of His late Majesty, Chapter One hundred and one, it was amongst other things enacted, that if at any Time
during which any Precept ought to be issued or other Act • done by or with regard to the Returning Officer for any City, • Borough, or Town, the Office of Returning Officer shall happen
to be vacant, it shall be lawful for the Sheriff of the County ' in which such City, Borough, or Town is situate, by Writing ' under his Hand to appoint some fit Person as his Deputy ' to perform the Duties of Returning Officer during such
Vacancy: And whereas Difficulties and Delay may arise in the Appointment of such sufficient Deputy, in the Case of
a Vacancy in the Office of Returning Officer, by reason of the - Writ being directed to such Returning Officer, and there • being no Person qualified to receive and execute the same:' Be it enacted by the Queen's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and
by the Authority of the same, as follows: Sheriff to be I. Every Writ for making any Election of a Member to Returning
serve in Parliament for any Borough, City, or Town shall be Officer in Boroughs
directed to the Returning Officer of the said Borough or his where the Office Deputy, and in their Absence to the Sheriff of the County of Returning in which the said City, Borough, or Town is situate; and in all vacant.
Cases whatever, whenever there shall be, either from temporary Vacancy or from some other Cause, no Person duly qualified in any Borough, City, or Town to perform the Duties of a Returning Officer for the same, the Sheriff of the County in which such Borough, City, or Town is situate shall be charged with the Execution of the said Writ, and shall execute the same and in all respects perform the Duties of and incidental to the Office of Returning Officer: Provided always, that it shall not be lawful for the said Sheriff to receive or execute the Writ except when there shall be no Person within the said Borough, City, or Town legally qualified and competent as Returning Officer to execute the same.
Officer shall be
Britain, and to make further Provisions concerning
the Acts herein-after specified, and to make further • Provisions concerning Turnpike Roads in England :' Be it enacted by the Queen's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, as follows:
I. Every Act now in force for regulating, making, amending, All Turnpike or repairing any Turnpike Road in Great Britain which will Acts which will expire on or before the End of the next Session of Parliament, before the End shall be continued until the First Day of October One thousand of next Session eight hundred and fifty-five, and to the End of the then next continued to
1st Oct. 1855, Session of Parliament, except an Act of the Fifty-fourth of
&c., with King George the Third, Chapter One hundred and eighty, “ for certain Excep
repairing the Road from Potion in the County of Bedford, and tions, “ Gamlingay in the County of Cambridge, to Eynesbury in the
County of Huntingdon,” and an Act of the Third Year of King George the Fourth, Chapter Sixty-four, “ for amending and “ maintaining the Road from Whitchurch to Ternhill in the “ County of Salop," and except as herein-after mentioned.
II. The Acts mentioned in the Schedule to this Act annexed Acts in Scheshall continue in force until the First Day of November One dule to this Act thousand eight hundred and fifty-five, and no longer, unless 1st Nov. 1855. Parliament shall in the meantime continue the same respectively.
III. Where any Money arising from any Sinking Fund Any Money provided under any Local Turnpike Act, or from the sale of applicable to surplus Land, or from Compensation payable by any Company, Turnpike Debts Corporation, or Person, or from any other Source, is or may be may be applied applicable to the Payment of the Principal Debts owing on the in manner Security of the Tolls of any Turnpike Road, or of any particular 12 & 13 Vict. Class of such Debts, it shall be lawful for the Trustees or Com- c. 87. with missioners of such Road, if they think fit, from Time to Time respect to (so often as the Money so applicable amounts to the Sum of Two under that Act.
Sinking Funds hundred Pounds, or to such other Sum as the said Trustees or Commissioners, with the Consent in Writing of One of Her Majesty's Principal Secretaries of State, may determine,) to apply the
same in or towards the Discharge of such Debts or Class of Debts, in manner provided by the Act of the Session holden in the Twelfth and Thirteenth Years of Her Majesty, Chapter Eighty-seven, with respect to the Application of Monies arising from the Sums set apart as therein mentioned, in or towards the Discharge of Monies borrowed, charged, or secured, after the passing of that Act, and such Money may be so applied as aforesaid, notwithstanding the Provisions of any Local or
Power to Executors, &c. to consent.
Tolls not to be
other Act for the Payment of such Principal Debts rateably, or by Lot, or otherwise.
IV. All Executors, Administrators, Guardians, Trustees, and all Committees of the Estates of Idiots and Lunatics, who as such are for the Time being entitled to any Money charged or secured on the Tolls of any Turnpike Road, may offer to accept and may accept under this Act such Composition in respect of such Money or any Part thereof as they in their Discretion may deem expedient, as if they respectively were so entitled in their own Right, discharged of all Trusts in respect thereof, and all Executors, Administrators, Guardians, Trustees, and Committees so consenting are hereby severally indemnified for so doing.
V. It shall not be lawful for the Trustees or Commissioners of any Turnpike Road to borrow any Money on the Credit of the Tolls of such Road, or to make any Mortgage, Charge, or Security of or upon such Tolls, without the previous Consent in Writing of One of Her Majesty's Principal Secretaries of State: Provided always, that this Enactment shall not be applicable where Power is given by any Local Act to borrow a limited Sum for a specific Object on Security of such Tolls, nor shall it prevent the Execution of Mortgages which may be given in lieu of Mortgages lost or cancelled, or otherwise for securing or further
securing Money already charged on the Tolls of any Turnpike Road.
VI. In citing this Act in other Acts of Parliament and in legal Instruments it shall be sufficient to use the Expression “ The Annual Turnpike Acts Continuance Act, 1854.'
VII. This Act shall not apply to Ireland.
Extent of Act.
52 G. 3. c. xxi, An Act for enlarging the_Term and Powers of an Act of
King George the Second, and Two Acts of His present Majesty, for repairing the Road from Hedon to Hull, and other Roads
therein mentioned, in the County of York. 52 G.3.c. lxxxi. An Act for repairing the Road from Chatham to Canterbury
in the County of Kent. 54 G. 3. c. xiv. An Act for enlarging the Term and Powers of an Act of
His present Majesty, for repairing the Road from Canterbury Lane within the Liberty of the Town of Folkestone to a Place in the Parish of Folkestone called Mudshole, and other Roads
therein mentioned, in the County of Kent. 54 G. 3. c. lxxx. An Act for making and maintaining certain Roads from the
Town of Stroud and several other Places therein mentioned, all
in the County of Gloucester. 55 G. 3.
An Act to continue the Term and alter and enlarge the c. xxxviii,
Powers of Two Acts of His present Majesty, for amending the Road from the Bottom of Galley Hill to the Cross in Clanfield in the County of Oxford.
An Act for making and maintaining a Turnpike Road from 57 G. 3. c. xii. and out of the Turnpike Road at the Bottom of Coalbrook-Dale in the Parish of Madeley, into the Turnpike Road leading from Shiffnal to Shrewsbury, at or near a Place called Watling Street in the Parish of Wellington, all in the County of Salop.
An Act for continuing and amending an Act of His present 58 G. 3. c. vii. Majesty for repairing the Roads near the Towns of Hockerton, Kirklington, Southwell, Normanton, and Winkbourne, with a Branch from Kirklington to the Street-Gate Road and the Newark and Southwell Turnpike Road at Greet Bridge in the County of Nottingham.
An Act to continue the Term and enlarge the Powers of 58 G.3.c.lxxiii. several Acts for repairing the Roads from Basingstoke through Popham Lane, Sutton Scotney, and Stockbridge in the County of Southampton to a Place called Lobcomb Corner in the County of Wilts.
An Act to enlarge the Term and Powers of an Act of His 1 G. 4. c. XX, late Majesty, for making and maintaining the Road from near Lightpill Gate in the Parish of Rodborough to near Birdlip in the Parishes of Brimpsfield and Cowley, or One of them, all in the County of Gloucester.
An Act for more effectually improving the Road from 1 G. 4. c. xxx. Gateshead in the County of Durham to the Church Lane near Ryton Lane Head, and from the Bar Moor to the Hexham Turnpike Road near Dilston Bar, in the County of Northumberland, and other Roads therein described, and also for altering the Line of a certain Part of the first above-mentioned Road
An Act to continue the Term and alter and enlarge the 1 G. 4 c. lxxxii. Powers of an Act of the Fortieth Year of His late Majesty's Reign, for repairing the Road leading from the Turnpike Road in Witney to the Road on Swerford Heath, and the Road leading from the Road from Woodstock to Birmingham, through Charlbury, to the Road from Chipping Norton to Burford, all in the County of Oxford.
An Act for repairing the Roads from Tetbury to Symonds- 1 & 2 G. 4. hall, froin Frocester Hill to Dunkirk, and from the Latterwood c. lxxxiii. to Nailsworth, and other Roads therein mentioned, all in the County of Gloucester.
An Act for repairing, widening, and maintaining several 1 & 2 G. 4. Roads in the Counties of Dorset and Devon, leading to and c. cviii. through the Borough of Lyme Regis, and from the Turnpike Road on Uplyme Hill to the Turnpike Road at the Three Ashes in the Parish of Crewkerne in the County of Somerset.
An Act for more effectually repairing, widening, amending, 3 G. 4. c. iii. and improving the Roads from Wigan to Preston in the County Palatine of Lancaster.
An Act for continuing the Term, and altering, amending, 3 G. 4. C. & and enlarging the Powers of several Acts passed for repairing the Roads from Chappel Bar, near the West End of the Town [No. 22. Price 2d.]
of Nottingham, to Newhaven, and from the Four Lane Ends, near Oakerthorpe, to Ashbourne, and from the Cross Post on Wirksworth Moor, to join the Road leading from Chesterfield to Chapel-en-le-Frith, at or near Longston, in the County of Derby, and from Selstone to Annesley Wodehouse, in the County
of Nottingham. 3 G. 4. c. lxi.
An Act for amending and improving the Roads leading from Tiltup's Inn in the Parish of Horsley to or near Dudbridge in the Parish of Rodborough, and from the Bridge at Nailsworth to the Cross Post on Minchinhampton Common, and other Roads thereto adjoining, and for making a new Piece of Road from the said Bridge to the Cross in the Parish of Avening, all
in the County of Gloucester. 3 G. 4. c. lxiii.
An Act to enlarge the Term and Powers of several Acts, for repairing and widening the Road from the Market House in Tetbury to the Turnpike Road on Minchinhampton Common, and several other Roads therein mentioned, all in the County of Gloucester, so far as the same Acts relate to the Second
District of Roads therein mentioned. 3 G. 4. c. lxvii.
An Act for enlarging the Term and Powers of several Acts passed for repairing the Road from the Town of Guldeford to the Directing Post near the Town of Farnham in the County of
Surrey. 3 G. 4. c. xc. An Act for more effectually repairing the Road from the
Guide Post near the End of Drayton Lane near Banbury in the
Top of Edge Hill in the County of Warwick. 3 G. 4. c. xcviii.
An Act for making, widening, repairing, and maintaining certain Roads leading to and from the Town of Honiton in the
County of Devon. 4 G. 4 c. viii. An Act for repairing and amending the Road from the City
of Peterborough through Oundle and Thrapston to Wellingborough in the County of Northampton, and several other Roads
near or adjoining thereto. 4 G. 4. c. xlix.
An Act for more effectually repairing and improving the Yorkshire District of the Road from Keighley in the West Riding of the County of York to Kirkby-in-Kendal in the County of Westmoreland, and for making several Diversions
therefrom, within the said West Riding of the County of York. 4 G. 4. c. lxxxv. An Act for more effectually repairing the Road from the South
End of Brown's Lane in the Parish of Great Staughton, in the
Parish of Lavendon, in the County of Buckingham. 5 G. 4. c. xliv. An Act for making and maintaining a Turnpike Road from
Colne in the County of Lancaster, to communicate with the
in the County of York. 5 G. 4. c. xlvi.
An Act for more effectually repairing the Road from the Trent Bridge in the County of the Town of Nottingham to Cotes Bridge in the County of Leicester.