made after such inquiry and the publication of such notice as they may think sufficient, determine the value of such debt and liabilities; (p) and the trustees and other persons interested in such debt and liabilities shall accept a sum equivalent to the value so determined as a full and complete discharge of such debt and liabilities; and from and after a day to be fixed by the said Local Government Board no tolls shall be levied on the roads theretofore included within the district of such turnpike trust; and in case the said turnpike trust shall extend beyond the district of the Highway Board or local authority making the application as aforesaid, it shall be lawful for the said Local Government Board to apportion the value of the debts and liabilities of such turnpike trust so determined as aforesaid, between the several local authorities through whose districts the roads of such turnpike trust extend, and each such local authority shall raise and pay to the trustees the amount apportioned to such authority. Provided that an order made under this section shall not take effect until the expiration of one calendar month after the same has been published in the London Gazette and some local newspaper circulating in the locality of the turnpike trust affected thereby; and if two-thirds in number and value of the creditors of the trust shall give notice in writing to the Local Government Board before such order takes effect that they object to the same, the order shall be provisional only, and shall not come into operation until it has been confirmed by Parliament. Power to raise Money for Abolition of Tolls. 16. The abolition of the tolls on a turnpike road in consequence of any such order as aforesaid shall in the case of a highway district be deemed to be an improvement of highways within the meaning of sections forty-seven, fortyeight, and fifty of "The Highway Act, 1864," (q) and for such purpose the Highway Board may borrow money in accordance with the provisions of those sections, subject to (p) See 37 & 38 Vict. c. 95, s. 11, post, p. 279. (q) See ante, pp. 166, 170, 171. 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. 37 & 38 VICT. CAP. 95. AN ACT TO CONTINUE CERTAIN TURNPIKE ACTS IN GREAT BRITAIN, AND TO REPEAL CERTAIN OTHER TURNPIKE ACTS; AND FOR OTHER PURPOSES CONNECTED THEREWITH. [7TH AUGUST, 1874.] Repair of Roads by Highway Authorities in certain Cases. 10. Where by any Annual Turnpike Acts Continuance Act it is or shall be provided that no money shall be expended in the repair of any turnpike road, such turnpike road shall be deemed to be a highway, and shall be repairable as such; provided that where such highway or any portion thereof shall pass through any highway district constituted under the Highway Acts, 1862 and 1864, the cost of maintaining such highway, or any such portion thereof, 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. Apportionment of Bonded Debt under 36 & 37 Vict. cap. 90, 8. 15. 11. Where the Local Government Board in exercise of the discretionary power conferred upon them by section fifteen of "The Annual Turnpike Acts Continuance Act, 1873," make an order determining the value of the existing debt and liabilities of a turnpike trust, the Board may by the same order declare to whom and in respect of what claim or claims the whole or any part of the value of such debt and liabilities is to be paid. The term "existing debt and other liabilities" used in the said fifteenth section of "The Annual Turnpike Acts Continuance Act, 1873," means the bonded or mortgage debt of a turnpike trust, and any unpaid interest due thereon. 38 & 39 VICT. CAP. 55. AN ACT FOR CONSOLIDATING AND AMENDING THE ACTS RELATING TO PUBLIC HEALTH IN ENGLAND. [11TH AUGUST, 1875.] Transfer of powers and duties of Secretary of State under Highway and Turnpike Acts to Local Government Board. (r) Sch. V, Part iii. All powers, duties, and acts vested in, imposed on, or required to be done by or to one of Her Majesty's principal Secretaries of State by the several Acts of Parliament relating to highways in England and Wales, and to turnpike roads and trusts and bridges in England and Wales, shall be imposed on and be done by or to the Local Government Board, subject to the conditions, liabilities, and incidents to which such powers, duties, and acts were respectively subject immediately before the passing of the "Public Health Act, 1872,” or as near thereto as circumstances admit. 38 & 39 VICT. CAP. CXCIV. (8) AN ACT TO CONTINUE CERTAIN TURNPIKE ACTS IN GREAT BRITAIN, AND TO REPEAL CERTAIN OTHER TURNPIKE ACTS; AND FOR OTHER PURPOSES CONNECTED THEREWITH. [11TH AUGUST, 1875.] Extension of 4 & 5 Vict. c. 49. 8. For the purpose of rebuilding any bridge which, on the expiration of a turnpike trust, becomes a county (r) This enactment was originally contained in s. 36 of the Public Health Act, 1872 (35 & 36 Vict. c. 79); it is repealed with the remainder of that Act by s. 343, and Sch. 1 part i. of the Public Health Act, 1875, and re-enacted as above set out by the same section and part iii. of the same schedule. (8) This Act was printed among the Local and Personal Acts of the year. bridge, it shall be lawful for the justices in quarter sessions assembled to borrow, under the provisions of the Act of the fourth and fifth years of Her present Majesty, chapter forty-nine, any sums that may be necessary, although such sums do not amount to one fourth of the amount of the ordinary annual assessment for the rate of any county, riding, or division. Limitation of notice of Sale of Toll-houses, &c., under 9. The notice required by section seventeen of the Act of the thirty-fourth and thirty-fifth years of the reign of Her present Majesty, chapter one hundred and fifteen, (†) to be given to the highway authority by the trustees or commissioners of a turnpike trust about to expire before selling any toll-house, or the site thereof, or any part of the site, or any part of any garden or land belonging thereto, may be given at any time within two years and not later than two months before the expiration of the trust: Provided that in case of any such sale it shall be incumbent upon the trustees or commissioners to make such arrangements as may be necessary in order to secure for themselves, their lessees or servants, the occupation of any toll-house so sold until the expiration of the trust. Repair and maintenance of hundred bridges in Kent. 10. Whereas in the county of Kent there are certain bridges called "hundred bridges," repairable by hundred rates, but such rates cannot be levied without great difficulty and expense: Be it therefore enacted, that the aforesaid bridges, whether situate upon a turnpike road or highway, shall hereafter be deemed to be county bridges, and the repair and maintenance of such bridges shall fall upon and be borne by the county rates of the said county, in the same manner as other county bridges are now repaired and maintained under the provisions of the existing Acts relating to such bridges. (u) (t) See 34 & 35 Vict. c. 115, s. 17, ante, p. 271. (u) These Acts will be found in Glen's "Law of Highways.” TURNPIKE CONTINUANCE ACTS, Provision with respect to Tolls in newly constituted Sanitary 11. Where in a Turnpike Act provision has been made that, in any place in which the Local Government Act or any Act relating to the Public Health Act is from time to time in force, none of the tolls or moneys received by the trustees by virtue of such Turnpike Act shall be expended in maintaining, repairing, or improving any roads within the limits of such place, and that the trustees shall not take any toll or erect or continue any toll-gate within such limits, the Local Government Board may, if they think fit, in any case in which a district has been constituted under the Sanitary Acts, whether by provisional order or otherwise, after the 24th day of June, 1875, declare by order that such provision shall be suspended during the whole or any part of the continuance of such Turnpike Act, and such provision shall be suspended accordingly. 39 & 40 VICT. CAP. 39. AN ACT TO CONTINUE CERTAIN TURNPIKE ACTS IN GREAT BRITAIN, AND TO REPEAL CERTAIN OTHER Turnpike Acts; AND FOR OTHER PURPOSES CONNECTED THEREWITH. [11TH AUGUST, 1876.] Extension of time for giving Notice for extinction of unclaimed Mortgage Debt. 8. Where the notice required by the nineteenth section of "The Annual Turnpike Acts Continuance Act, 1871,” (v) has been omitted to be given by the trustees of a turnpike trust about to expire, the Local Government Board may, by order, prescribe some other dates for the publication of such notice, and the dates so prescribed shall be substituted for those mentioned in such section, and the provisions contained in the said section shall take effect in every other respect as if the notice had been given at the times specified in such section. (v) See 34 & 35 Vict. c. 115, s. 19, ante, p. 273. |