TURNPIKE CONTINUANCE ACTS,

same manner as if such Local Act had not expired, to apply in the case of such trust, and the officers thereof, until such information may have been furnished to the said Secretary of State (r) as will in his opinion enable him to elucidate the statement and make the abstract thereof and prepare his observations thereon, and to lay the same before Parliament as required by the said Acts or one of them. (8)

33 & 34 VICT. CAP. 73.

AN ACT TO CONTINUE CERTAIN TURNFIKE ACTS IN GREAT BRITAIN, TO REPEAL CERTAIN OTHER TURNPIKE ACTS, AND TO MAKE FURTHER PROVISIONS CONCERNING TURNPIKE ROADS. [9TH AUGUST, 1870.]

Maintenance of certain Highways.

10. With regard to any highway which within seven years previous to the passing of this Act has ceased, or which hereafter may cease to be a turnpike road, the cost of maintaining so much thereof as passes through any highway district constituted under the "Highway Acts, 1862 and 1864," shall after the thirty-first day of December one thousand eight hundred and seventy or after the date of the said highway ceasing to be a turnpike road, whichever shall last happen, be a charge on the common fund of such highway district, and shall be annually provided for in the same manner as is enacted in the thirtysecond section of the Highway Act, 1864, in respect to the salaries of the officers appointed for the district. (†)

Stone, &c., to be raised within any Highway District. 11. It shall be lawful for any surveyor of any highway

(r) See note (q), p. 267.

(8) With regard to the times at which the statements and estimates referred to in the 3 & 4 Wm. IV. c. 80, and 12 & 13 Vict. c. 87, s. 6, are to be transmitted, see 41 & 42 Vict. c. 62, s. 9, post, p. 284.

(t) One half of the cost of maintenance of these roads is now payable out of the county rate under 41 & 42 Vict. c. 77, s. 13, ante, p. 199.

district to raise stone or other material within any highway district for the repair of any turnpike road which may be thrown upon any highway district by the preceding clause of this Bill, (sic) in the same manner and with the like powers, and on payment of such compensation for the same, as the trustees for a turnpike road are now empowered by law to do. (u)

Bridges to become County Bridges. 5 & 6 Wm. IV. c. 50.

12. Where a turnpike road shall have become an ordinary highway, all bridges which were previously repaired (v) by the trustees of such turnpike road shall become county bridges, and shall be kept in repair accordingly. (w)

Provided that for the purposes of this Act such bridges shall be treated as if they were bridges built subsequently to the passing of the Act of the fifth and sixth years of His late Majesty King William the Fourth, chapter fifty, intituled "An Act to consolidate and amend the Laws relating to Highways in that part of Great Britain called England. (x)

(u) As to these powers, see 3 Geo. IV. c. 126, ss. 97, 98, 100, 102, 103; 4 Geo. IV. c. 95, ss. 56, 71; and 7 & 8 Geo. IV. c. 24, s. 15. (v) The word "repaired" must here be taken to mean repairable" see Reg. v. Somerset, 38 L. T. (N.S.) 452.

(w) The repair of an addition which had been made to a county bridge without authority by turnpike trustees, and which had been repaired by them, devolved on the county on the determination of the turnpike trust. Reg. v. Buckinghamshire (Inhabitants), 42 J. P. 116.

(x) This proviso has reference to s. 21 of the Highway Act, 1835, by which it is enacted that "if any bridge shall hereafter be built, which bridge shall be liable by law to be repaired by and at the expense of any county or part of any county, then and in such case all highways leading to, passing over, and next adjoining to such bridge shall be from time to time repaired by the parish, person, or body politic or corporate, or trustees of a turnpike road, who were by law before the erection of such bridge bound to repair the said highways. Provided nevertheless, that nothing herein contained shall extend or be construed to extend to exonerate or discharge any county or part of any county from repairing or keeping in repair the walls, banks, or fences of the raised causeways and raised approaches to any such bridge, or the land arches thereof."

Turnpike Roads extending into Two Counties.

13. Where a turnpike road extending into two or more counties shall become an ordinary highway, in lieu of the certificate required by the seventh section of "The Annual Turnpike Acts Continuance Act, 1868," (y) to be given by two justices before the trustees can award compensation to their officers, there shall be required a certificate by two justices of each county into which such turnpike road may extend, and each of such certificates shall certify that such part of the road as lies within the county for which the justices giving the certificate are acting, was, at the time at which it became an ordinary highway, in complete and effectual repair.

34 & 35 VICT. CAP. 115.

AN ACT TO CONTINUE CERTAIN TURNPIKE ACTS IN GREAT BRITAIN, TO REPEAL CERTAIN OTHER TURNPIKE ACTS, AND TO MAKE FURTHER PROVISIONS CONCERNING TURNPIKE ROADS. [21ST AUGUST, 1871.]

Contribution of Highway Board to the repair of a Turnpike Road to be charged to the District Fund.

15. When, in accordance with the provisions of the Annual Turnpike Acts Continuance Act, 1863, (z) an order has been made on the Highway Board of a district to contribute to the repair of a turnpike road, any moneys paid by the Board in pursuance of such order shall be deemed to be expenses incurred for the common use or benefit of the several parishes within such district, and shall be charged accordingly to the district fund. (a)

So much of the said Act as prescribes that such moneys shall be deemed expenses incurred by the Board in respect

(y) See 31 & 32 Vict. c. 99, s. 7, ante, p. 266.

(z) See 26 & 27 Vict. c. 94, s. 1, ante, p. 257.

(a) Now, by 35 & 36 Vict. c. 85, s. 14, post, p. 275, Highway Boards may voluntarily repair turnpike roads at the cost of the district fund.

of the repair of the highways in the parish in which the turnpike road is situated for which such contribution is required is hereby repealed.

Moneys paid from a Turnpike Trust on its expiration to the Treasurer of a Highway Board to go to District Fund, for the common use of District.

16. Where, in accordance with the provisions of the Annual Turnpike Acts Continuance Act, 1867, (b) or the Annual Turnpike Acts Continuance Act, 1868, (c) the trustees or commissioners of a turnpike road which has become an ordinary highway pay any of the moneys remaining in their hands on the expiration of their trust to the treasurer of any highway district in which such road is situated, such moneys shall be placed to the credit of the district fund, for the common use or benefit of the several parishes within such district.

So much of the said Annual Turnpike Acts Continuance Act, 1867, as prescribes that such moneys, after having been paid to the treasurer of a highway district, shall be distributed amongst the parishes within such district in proportion to the mileage of such road in each parish, (b) is hereby repealed.

On expiration of a Trust, Toll-houses, &c., not to be sold without consent of Highway Authority.

17. The trustees or commissioners of a turnpike trust about to expire shall not sell any toll-house, or the site thereof, or any part of the site, or any part of any garden or land belonging thereto, without giving notice in writing not later than two months before the expiration of such trust (d) to the highway authority on which an order might under the provisions of the Act of the session of the

(b) See 30 & 31 Vict. c. 121, s. 3, ante, p. 264.

(c) See 31 & 32 Vict. c. 99, s. 8, ante, p. 266.

(d) The notice may be given at any time within two years, and not later than two months before the expiration of the trust. See 38 & 39 Vict. c. cxciv., s. 9, post, p. 281.

fourth and fifth years of the reign of Her present Majesty, chapter fifty-nine or the Annual Turnpike Acts Continuance Act, 1863, be made for contribution to the repair of such road where it adjoins the said premises; and such authority, if of opinion that the road would be improved by the addition thereto of such premises or any part thereof, may, within one month of such notice, require the trustees or commissioners to make such improvement, and it shall be incumbent on such trustees or commissioners to give effect to such requisition.

Provided that if the trustees or commissioners feel aggrieved at such requisition they may appeal to the general or quarter sessions having jurisdiction in the place wherein such premises are situated, at the next court held not less than fifteen days after the receipt of such requisition.

The appellants shall, within seven days after receipt of such requisition, give a notice in writing to the highway authority of their intention to appeal.

The court may adjourn the appeal, and at the hearing thereof may make such order in the matter, and also such order as to costs, to be paid by either party, as the court thinks just.

No order made in pursuance of this section shall be quashed for want of form, or be removed by certiorari or otherwise into any superior court.

Any sale or agreement for any sale made with a view to evade the provisions of this section shall be void; provided that nothing herein contained shall invalidate any sale or contract for sale bona fide made before the passing of this Act.

Extension of 28 & 29 Vict. c. 107, s. 3.

18. It shall be lawful for one of Her Majesty's Principal Secretaries of State (ƒ) from time to time, at his discretion, to prolong the period during which the trustees or commissioners of a turnpike road that is about to become or has become an ordinary highway may hold meetings

(f) Now the Local Government Board. See 38 & 39 Vict. c. 55, Sch. V, Part iii., post, p. 280.