are bound to pull the same down, and to sell the materials thereof: And whereas it is expedient to amend the said provisions: Be it enacted as follows: (1.) If the road would be improved by the addition thereto of the whole or any part of the site of the toll-house, or of any garden or land belonging thereto, then the trustees or commissioners of the road shall, instead of selling the whole or such part (as the case may require), cause the same to be added to the road, and shall cause any building standing on the ground so added to be pulled down, and the materials thereof to be sold and removed : (i) (2.) Where the trustees or commissioners of a turnpike road are authorized to sell the site of a toll-house, they may, notwithstanding anything contained in the last-mentioned Act, sell the toll-house and other buildings standing on such site, unless required to pull them down by the person to whom a right of pre-emption is given by any Acts relating to turnpike roads. Subject as aforesaid, the provisions of the said Act relating to the selling of tollhouses shall be of the same force as if this Act had not passed. (j) 30 & 31 VICT. CAP. 121. AN ACT TO CONTINUE CERTAIN TURNPIKE ACTS IN GREAT As to Trustees of Turnpike Road holding Shares in Companies which contract to supply Gas, &c., to Roads. 2. No trustee or commissioner of any turnpike road shall be liable to any penalty or forfeiture by reason of his being (i) The turnpike trustees have a practical discretion under this section, and in a case where the price of the toll-house was far beyond the value of the improvement, they were justified in selling it instead of adding the site to the road. Query, whether the Court had jurisdiction to review the propriety of the sale. Reg. v. Fox, 35 L. T. (N.S.) 249. (j) Amended by 34 & 35 Vict. c. 115, s. 17, post, p. 271. a proprietor or holder of a share in any gas company or water company which contracts with the trustees or commissioners of such turnpike road for the supply of gas or water for the purposes of such road, or of the toll-houses thereon. On expiration of Trust Balance to be paid to Parishes. 3. The trustees or commissioners of a turnpike road which shall hereafter become an ordinary highway shall, as soon as may be after the expiration of their trust, distribute the balance of any moneys remaining in their hands amongst the parishes upon which will fall the liability to repair the roads of such trust in proportion to the mileage of such roads in each parish, or, if such road shall be situated in any highway district or highway districts, then the trustees shall pay over such balance to the treasurer or treasurers of such highway district or highway districts in proportion to the mileage of such road in each such highway district, to be distributed in manner aforesaid. (k) Provision as to Drivers of Carts, &c., riding on Carriages on Turnpike Roads. 4. From and after the passing of this Act, no driver of any waggon or cart of any kind shall be liable to any penalty for riding upon such carriage in any turnpike road, provided such driver shall not ride upon the shafts of such carriage, but shall carefully drive such carriage by means of reins held in his hands, such reins being attached to every horse drawing the same. (1) Ratepayers to have access to Accounts of Trust where Repairs borne by Parish. 5. Where the repairs of a turnpike road shall be thrown wholly or partly on a parish, any ratepayer of that parish (k) Amended by the 31 & 32 Vict. c. 99, s. 8, post, and 34 & 35 Vict. c. 115, s. 16. The words in italics are repealed by 34 & 35 Vict. c. 115, s. 16, post, p. 271. (1) See also s. 78 of the Highway Act, 1835, and s. 28 of the Towns Police Clauses Act, 1847. shall, on payment of one shilling to the clerk of the trust, and on any day within twenty-one days of the general annual meeting of the commissioners of such trust, have access, between the hours of ten of the clock in the morning and two of the clock in the afternoon, to the accounts of such trust, and shall be empowered to examine and take a copy of the accounts. Provision for Audit of Accounts in cases herein named. 6. Where at any general annual meeting of the trustees of a turnpike road three or more trustees shall state in writing their desire that there should be an audit other than the audit by the trustees themselves of the accounts of such trust, the clerk of such trust shall apply to the principal Secretary of State for the Home Department (m) for an audit of the accounts of that year, and the Secretary of State for the Home Department (o) shall direct an audit accordingly, and shall make such regulations for holding such audit as shall seem to him desirable: Provided always, that the expenses of, or incident to such audit shall be deemed expenses incurred by the trustees of the turnpike road. 31 & 32 VICT. CAP. 99. AN ACT TO CONTINUE CERTAIN TURNPIKE ACTS IN GREAT BRITAIN, TO REPEAL CERTAIN OTHER TURNPIKE ACTS, AND ΤΟ MAKE FURTHER PROVISIONS CONCERNING TURNPIKE [31ST JULY, 1868.] ROADS. Extension of the operation of the Act of 12 & 13 Vict. c. 46. 6. Whereas provision is made by the Act of the session of the twelfth and thirteenth years of the reign of Her present Majesty for the union of turnpike trusts in cases where the general annual meetings of the trustees of two (m) Now the Local Government Bard, see 38 & 39 Vict. c. 55, Sch. V, Part iii., post, p. 280. or more turnpike roads have been held at the same place, or places distant not more than ten miles from each other: And whereas it is expedient to extend the operation of the said Act: Be it enacted, That the first section of the said Act shall be construed as if the word "twenty" were substituted therein for the word "ten." If Road in repair, Compensation may be given to Officers of expired Trust. 7. Where a turnpike road shall have become an ordinary highway, then, upon a certificate being given by two justices that such road was at the time at which it became a highway in complete and effectual repair, the trustees or commissioners of such road, at any meeting held by them, in pursuance of the third section of "The Annual Turnpike Acts Continuance Act, 1865," may, out of any balances remaining in their hands after payment of all liabilities, award, if they see fit, to any person or persons whose offices expire with the trust, and who have held such offices for not less than ten years immediately preceding such meeting, such compensation as they may think just, not exceeding in any case the amount of three years salary. (n) 8. Sect. 3 of 30 & 31 Vict. cap. 121 (0) to apply to Roads which previously became ordinary Highways. (p) (n) See 33 & 34 Vict. 73, s. 13, post, p. 270, with regard to turnpike roads extending into two counties. (0) Ante, p. 264. (p) This section, which enacted that the third section of the Act of the session of the thirtieth and thirty-first years of Her present Majesty, chapter one hundred and twenty-one, should apply to all roads which, having been turnpike roads, had become ordinary highways previous to the passing of that Act, is repealed by the Statute Law Revision Act, 1875. See also 34 & 35 Vict. c. 115, s. 16, post, p. 271. 32 & 33 VICT. CAP. 90, AN ACT TO CONTINUE CERTAIN TURNPIKE ACTS IN GREAT BRITAIN, TO REPEAL CERTAIN OTHER TURNPIKE ACTS, AND TO MAKE FURTHER PROVISIONS CONCERNING TURNPIKE ROADS. [9TH AUGUST, 1869.] Explanation of 3 & 4 Wm. IV. c. 80. 7. Whereas by an Act of the session of the third and fourth years of the reign of His late Majesty King William the Fourth, chapter eighty, intituled "An Act requiring the Annual Statements of Trustees or Commissioners of Turnpike Roads to be transmitted to the Secretary of State, and afterwards laid before Parliament," and the several enactments contained in previous Acts therein referred to, and by an Act of the Session of the twelfth and thirteenth years of the Reign of Her present Majesty, chapter eighty-seven, intituled "An Act to continue certain Turnpike Acts in Great Britain for limited periods, and to make certain provisions respecting Turnpike Roads in England," certain provisions are made in relation to the statements of accounts of turnpike trusts, and to enable one of Her Majesty's Principal Secretaries of State (g) to elucidate such statements and make abstracts thereof and prepare observations thereon to be laid before Parliament: And whereas divers Local Acts of Parliament relating to turnpike trusts have expired during the the last five years, and doubts have arisen whether the said Acts and the enactments therein referred to apply after the expiration of such Local Acts: Be it enacted, that where any Local Act of Parliament relating to any Turnpike Trust has expired within the period of five years preceding the date of the passing of this Act, or may hereafter expire, the said Acts of the sessions of the third and fourth years of the reign of His late Majesty William the Fourth, chapter eighty, and the twelfth and thirteenth years of the reign of Her present Majesty, chapter eighty-seven, and the enactments therein referred to, shall be deemed in the (q) Now the Local Government Board. See 38 & 39 Vict. c. 55, Sch. V, Part iii. post, p. 280 |