for the winding up of the affairs of their trust or commission. (g)

Provision for Extinction of unclaimed Mortgage Debts.

19. The trustees or commissioners of a turnpike trust about to expire shall publish a notice specifying a time within which claims in respect of any principal moneys or interest secured upon the revenues of such road may be sent in writing to the clerk of the trust.

Such notice shall be published once in the London daily Times newspaper, and twice (once in each of two successive weeks) in a newspaper usually circulated in the county or counties in which the road is situated. (h)

The first publication of such notice shall be made, as nearly as may be, two months before the expiration of the trust. (i)

The time so to be specified shall not be earlier than two or later than three months from the date of the first publication of such notice.

After the expiration of the time specified in the notice, no claim shall be received for any such principal moneys or interest, and so much of the mortgage debt of the said trust as consists of principal moneys or interest for which no claim has been sent in shall be extinguished. (j)

4 Geo. IV. c. 95, s. 75, to be repealed, and the provisions of 27 & 28 Vict. c. 101, s. 25, to be enacted.

20. The seventy-fifth section of the Act of the fourth year of his late Majesty George the Fourth, chapter ninetyfive, shall be repealed on and after the first day of the year one thousand eight hundred and seventy-two; and

(g) Where the trust has expired before its affairs have been completely wound up, the Local Government Board may appoint a person to complete the winding up under 39 & 40 Vict. c. 39, s. 9, post, p. 283. (h) See 40 & 41 Vict. c. 64, s. 9, post, p. 283.

(i) If the notice is not given in accordance with these provisions, the Local Government Board may prescribe other dates for its publication, see 39 & 40 Vict. c. 39, s. 8, post, p. 282.

(j) See 39 & 40 Vict. c. 39, s. 10; and 40 & 41 Vict. c. 64, s. 9, post, p. 283.

T

instead thereof, be it enacted, if any horse, mare, gelding, bull, ox, cow, heifer, steer, calf, mule, ass, sheep, lamb, goat, kid, or swine is at any time found straying or lying about any turnpike road, or across any part thereof, or by the sides thereof (except on such parts of any turnpike road as pass over any common, or waste, or unenclosed ground), the owner or owners thereof shall, for every animal so found straying or lying, be liable to a penalty not exceeding five shillings, to be recovered in a summary manner, together with the reasonable expense of removing such animal from the turnpike road where it is found to the fields or stable of the owner or owners, or to the common pound (if any) of the parish where the same shall be found, or to such other place as may have been provided for the purpose: Provided always, that no owner of any such animal shall in any case pay more than thirty shillings, to be recovered as aforesaid, over and above such reasonable expenses as aforesaid, including the usual fees and charges of the authorized keeper of the pound: Provided also, that nothing in this Act shall be deemed to extend to take away any right of pasturage which may exist on the sides of any turnpike road. (k)

35 & 36 VICT. CAP. 85.

AN ACT TO CONTINUE CERTAIN TURNPIKE ACTS IN GREAT BRITAIN, TO REPEAL CERTAIN OTHER TURNPIKE ACTS, AND ΤΟ MAKE FURTHER PROVISIONS CONCERNING TURNPIKE [10TH AUGUST, 1872.]

ROADS. Provisions in "Railway Clauses Consolidation Act, 1845," relating to Turnpike Roads to continue to apply to such Roads on their becoming ordinary Highways.-8 & 9 Vict. c. 20, 88. 46-67.

13. Such of the provisions of the "Railway Clauses Consolidation Act, 1845," with respect to the crossing of roads and other interference therewith as relate to turnpike roads

(k) See 27 & 28 Vict. c. 101, s. 25, ante, p. 144.

shall continue in force in relation to any road which, having been a turnpike road, may, at any time after the passing of this Act, become an ordinary highway, in the same manner as if such road had continued to be a turnpike road; and in the construction of the said provisions, when applied to any such road as aforesaid, if the road is within the jurisdiction of a Highway Board, such Highway Board shall be deemed to be the trustees or commissioners thereof; and in other cases the surveyor or other local authority having the care of the road shall be deemed to be such trustees or commissioners. ()

Highway Board may voluntarily repair Turnpike Road at the cost of District Fund.-26 & 27 Vict. c. 94, s. 1; 34 & 35 Vict. c. 115, s. 15.

14. A Highway Board may, if they think fit, either repair or contribute to the repair of a turnpike road within their district, notwithstanding that no order of contribution may have been made upon the Board in pursuance of the first section of "The Annual Turnpike Acts Continuance Act, 1863"; (m) and all moneys so expended by the Board 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 on the district fund; and this section shall be deemed to take effect from the first of January one thousand eight hundred and seventy-two.

Power to Highway Boards to pay off Debts on Turnpikes.

15. For the purpose of facilitating the abolition of tolls on any turnpike road within or passing through a highway district, the Highway Board and the trustees of the turnpike road may mutually agree that the Highway Board shall take upon themselves the maintenance and repair of such turnpike road, or so much thereof as is

66

(7) See Glen's "Law of Railways," vol. ii., for the clauses of the Railway Clauses Consolidation Act, 1845," referred to in this section; and also for the decisions of the Courts on those clauses.

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

within their district, and thereupon the Highway Board shall pay off and discharge, where the turnpike is wholly within the highway district, the debt that may remain and be subsisting on the trusts of such turnpike road, or such sum by way of composition, but in full discharge of such debt, as the Local Government Board may, after inquiry, determine; and where the turnpike is not wholly within such district, such sum as the Local Government Board may in like manner determine as an equitable proportion of such debt or composition for the same.

The abolition of such tolls shall be deemed to be an improvement of highways within the meaning of sections forty-seven, forty-eight, and fifty of the "Highway Act, 1864," (n) and for such purpose the Highway Board may borrow money in accordance with the provisions of those sections, subject to the following provisions, viz. :—

That the improvement shall be deemed to be on behalf of all the parishes within the district, and each parish shall contribute thereto in the same proportion as it contributes to the district fund.

36 & 37 VICT. CAP. 90.

AN ACT TO CONTINUE CERTAIN TURNPIKE ACTS IN GREAT BRITAIN, TO REPEAL CERTAIN OTHER TURNPIKE ACTS, AND

FOR OTHER PURPOSES CONNECTED THEREWITH.

[5TH AUGUST, 1873.]

Repeal (in part) of 4 Geo. IV. c. 95. s. 39.

13. So much of the thirty-ninth section of the Act of the session of the fourth year of the reign of His late Majesty King George the Fourth, chapter ninety-five, as requires that no order or determination at a meeting of the trustees or commissioners of any turnpike road once made, agreed upon, or entered into, shall be revoked or altered at any subsequent meeting, unless such revocation

(n) See ante, pp. 166, 170, 171.

or alteration shall be agreed to be made by a greater number of trustees or commissioners than concurred in the making of any such order or determination, is hereby repealed.

Provided that no such order or determination shall be revoked or altered at any subsequent meeting, unless notice in writing, signed by the clerk to the trustees or commissioners, of the intention to make such revocation or alteration has been sent by post or delivered to all the trustees or commissioners at least seven days before the meeting at which such revocation or alteration is made.

Amendment of 3 Geo. IV. c. 126, s. 55.

14. Where a turnpike trust is about to expire, and the tolls are let for a term which will expire before the termination of the trust, it shall be lawful for the trustees of such turnpike trust to arrange with the lessee of the tolls for an extension of the term for which such tolls have been let, until the period appointed for the expiration of the trust, not exceeding twelve months, notwithstanding the provision of the fifty-fifth section of the Act passed in the third year of the reign of His late Majesty King George the Fourth, chapter one hundred and twenty-six, limiting the lease of such tolls to three years.

Power to Local Government Board to assess value of Debts.

15. If any Highway Board or other local authority shall be desirous of taking upon themselves the maintenance and repair of the roads of any turnpike trusts within or passing through their districts, (o) such Highway Board or other local authority may, if not less than one-half in length of such road is within the district, apply to the Local Government Board to determine the value of the existing debt and other liabilities of such turnpike trust, and the Local Government Board may, by order

(0) See also 38 & 39 Vict. c. 55, s. 148, under which any urban sanitary authority may by agreement take upon themselves the maintenance, repair, cleansing, or watering of turnpike and other roads, and may remove the toll-gates and erect others.