nature of a county rate therein, according to the valuation of such property acted upon, and for the time being, in assessing the said liberty rate, or rate in the nature of a county rate, in such liberty or franchise; and the said Justices shall thereupon issue their warrant under the hands of two or more of them, by which warrant they shall require the treasurer, or other person having the receipt of any liberty rate, or rate in the nature of a county rate, within such liberty or franchise, to pay to the treasurer of such county, out of the monies collected by way of liberty rate, or rate in the nature of a county rate, the amount mentioned in such warrant; and every such warrant shall specify the rate in the pound at which the sum therein mentioned shall be computed. XCVIII. That the Justices of such liberty or franchise shall order a rate to be made, at the rate mentioned in the said warrant, upon the property so liable as aforesaid within such liberty or franchise, which shall be levied and collected therein as part of the liberty rate, or rate in the nature of a county rate, to which such liberty or franchise is liable, in like manner as the said county road rate is hereinbefore directed to be levied and collected in such parts of any county as are liable to any county rate, and shall be paid over by the treasurer, or other person having the receipt of any liberty rate, or rate in the nature of a county rate, within such liberty or franchise, within forty days from the receipt of such warrant, to the treasurer of the county from the Justices of which such warrant shall have issued. XCIX. That if payment shall not be made within the said forty days, according to the exigency of the said warrant, or if there shall be no person to whom such warrant can be directed, or no liberty rate, or rate in the nature of a county rate, to which the inhabitants of such liberty or franchise contribute, or if for any other reason it shall seem more convenient to the said last-mentioned Justices, it shall be lawful for them to levy upon any liberty or franchise the full amount of the rate to which they shall have determined such liberty or franchise to be liable as aforesaid; and for the purpose of levying and collecting such rate, the said Justices shall have, for the purposes of this Act, within every such liberty or franchise respectively, the same powers which they have for levying and collecting county rates within the limits of their own commis sion, and such rate may be levied and collected by the like methods and subject to the same right of appeal as are applicable to any county rate collected within the parts of any county liable to the same; and the high constable of every hundred or other division in which such liberty or franchise shall be wholly or in part locally situated, on the receipt of a warrant to that effect, under the hands of two or more of the said Justices, shall collect the said rate; and the overseers of the poor, or in default of overseers, or in case there shall be no separate rate for the relief of the poor in any portion of such liberty or franchise, then such person or persons as the said Justices in Quarter Sessions assembled shall appoint for that purpose, in every parish or place to which such liberty or franchise or any part thereof shall belong, upon receipt of a warrant to that effect from the said high constable, shall pay the amount assessed upon their parish or place respectively, or upon that part of it which is liable thereto, in like manner, and subject to the like penalties in cause of default, as if such liberty or franchise were, for the purpose of a county rate, and for all other intents and purposes, a part of such county. c. That the treasurer of any of the said counties, or any person having an order for that purpose under the hand of such treasurer, may inspect any liberty rate, or rate in the nature of a county rate, made or to be made for any liberty or franchise locally situate within such county, and may also inspect any returns relating to any of the parishes or places the inhabitants of which shall be liable to be rated as aforesaid, which have been or are to be delivered in pursuance of any of the Acts relating to county rates, and may take copies or extracts of or from any such rates or returns without payment of any fee or reward; and if any person having the custody of any such rate or return shall wilfully neglect or refuse to permit any such treasurer or other person authorized as aforesaid to inspect the same, or to take copies of or extracts from the same, for two days after such order shall have been produced and shewn to him, or a copy thereof left at his usual place of abode, he shall, on conviction thereof before any two Justices of the Peace, forfeit and pay for every such offence such sum, not exceeding 10., as they shall think meet. And after reciting that it is expedient that the charge to be created in respect of such county road rate should be imposed upon the owners and proprietors of land within the said counties respectively : It is Enacted, CI. That any person who shall occupy any lands or tenements in any of the said counties, or in any liberty or franchise locally situated therein, having any interest not amounting to a freehold interest in the same, and not being tenant thereef for any term exceeding thirty years certain from the commencement of such term, who shall be called upon to pay any monies in respect of such rate, shall be entitled to demand a receipt in writing for the same, and upon producing such recept shall be entitled to deduct from the rent next payable to the landlord or person under whom he holds or occupies such lands or tenements so much as he shall have paid on account of such rate during the same period in respect of which such rent shall be due and payable, and such landlord or other person shall allow such deduction upon receipt of the residue of the said rent; and such occupier, lessee, or tenant shall be acquitted and discharged of so much money as he shall have paid in respect of such rate in the same manner as if the same had been actually paid to such landlord or other person. CII. That the treasurer of any county in which such rate shall have been levied as aforesaid shall, so soon as the same shall have been collected, pay over all monies received in respect of the same to the treasurer of the county roads board acting in and for such county, and such monies when so paid over shall form a part of the county roads fund for such county, and shall be applicable as such to the several purposes to which the said county roads fund is herein before directed to be applied. CIII. That it shall be lawful for any county roads board, at any regular meeting held under this Act, if in their judgment, with reference to the state of the county roads fund, and the state and condition of the roads in their county, or otherwise, it shall be necessary or expedient so to do, to determine what proportion, if any, of the carriage or haulage of materials required to be carried or drawn for the purpose of making or repairing any turnpike roads in such county shall be done and performed by or at the cost of the inhabitants of any parish, township, or place in which any part of such roads shall be locally situate, and in pursuance of such determination to make such order in writing as to them shall seem meet, which said order shall be signed by the chairman of such meeting, and shall be addressed and delivered to any surveyor of highways of the parish, township, or place to which such order shall relate: Provided always, that no such order shall be valid which shall require or direct the performance of any other kind of work, labour, or duty, except as is hereinbefore mentioned, or which shall require or direct the payment of any money, or the supply of any materials by or at the cost or charge of the inhabitants of any such parish, township, or place. CIV. That the surveyor of turnpike roads of the district wherein shall be comprised the road or roads with respect to which such carriage or haulage shall be required as aforesaid shall fix a certain fair and reasonable rate or scale of prices to be allowed for the carriage or conveyance of materials according to the weight or measurement thereof, and according to the distance to be traversed in carrying or conveying the same, and shall contract and agree with any inhabitant or inhabitants of the said parish or place having the requisite means or ability for performing the same for the carrying and conveying of such materials as may be required, in pursuance of the said order of the said county roads board; and when such carriage or conveyance shall have been done and performed then the said surveyor shall pay to such inhabitant or inhabitants the price or rate fixed as aforesaid in respect of the same; and all monies so paid by such last-mentioned surveyor shall be repaid to him by the surveyor of highways to whom any such order as aforesaid shall have been addressed, out of the monies collected or to be collected by him as and for the highway rate of the parish, township, or place to which such order shall relate, and the said surveyor of turnpike roads shall give to the said surveyor of highways receipts in writing for all monies so paid. cv. That in case the said surveyor of turnpike roads shall be unable to agree with any inhabitant thereof for the performance of such carriage and conveyance of materials as aforesaid, or in case any dispute shall arise between such surveyor and any inhabitant of such parish, district, or place respecting the liability of such inhabitant to perform such carriage and conveyance as aforesaid, or respecting the price or sum by the said surveyor to be allowed for such carriage or conveyance, or otherwise, then and in every such case it shall be lawful for any two or more Justices of the Peace acting in and for the county in which such parish, district, or place shall be, upon application made to them by such surveyor, or by such inhabitant, to hear and determine the said several matters in dispute, and the said Justices may either order that such inhabitant shall perform some certain portion of such carriage or conveyance, or that the rate or scale to be allowed for such carriage or conveyance shall be altered or amended, or shall make such other order respecting the premises as justice shall require, and such order shall be final and conclusive as to all matters therein specified; and any such inhabitant who shall have been commanded by such order to perform any carriage or conveyance of materials, and who shall neglect or refuse to obey such order for seven days after he shall have received notice of the same, shall for every such offence forfeit and pay a sum not exceeding 40s. And after reciting that a certain public bridge, called the Llandilo Rhynws Bridge has been erected over the River Towey in the county of Caermarthen, and the same has been maintained and repaired under the provisions of a certain local Act of Parliament to be repealed in pursuance of this Act as aforesaid: And that a certain other bridge over the same river called the Towey Suspension Bridge, and in the same county, has been erected and maintained under the provisions of a certain other local Act to be in like manner repealed: It is Enacted, cvi. That all debts due to any mortgagees or creditors in respect of the said bridges or either of them, or secured upon the tolls thereof respectively, shall be dealt with, estimated, and redeemed by the said Commissioners in manner hereinbefore directed with respect to the debts of all turnpike trusts in the said county, but that from and after the repeal of the said last-mentioned local Acts respectively the same shall become to all intents and purposes county bridges, and shall be repaired and maintained by and at the charge of the said county of Caermarthen, in like manner as any county bridges ought now by law to be maintained and repaired. And after reciting that a certain public bridge called "The Wych Tree Bridge" in the said county of Glamorgan has been erected and maintained under the provisions of a certain local Act of Parliament to be repealed in pursuance of this Act:— It is Enacted, CVII. That all debts due to any mortgagees or creditors in respect of the said bridge, or secured upon the tolls thereof, shall be dealt with, estimated, and redeemed by the said Commissioners in manner aforesaid, but that from and after the repeal of the said last-mentioned local Act the said last-mentioned bridge shall become to all intents and purposes a county bridge, and shall be repaired and maintained by and at the charge of the said county of Glamorgan, in like manner as any county bridges ought now by law to be repaired and maintained. And after reciting that the trustees acting in execution of the local Act regulating the said Wych Tree Bridge and avenues leading thereto have heretofore agreed with the trustees of the Swansea district of roads in the said county of Glamorgan for the consolidation of the said Wych Tree trust with the said Swansea district, and the arrangements necessary to such consoidation have been partly carried into effect, and such arrangements have been bona fide made by the said trustees, and would if this Act had not been passed have been beneficial to the said county : It is Enacted, CVIII. That the said Wych Tree trust, and the accounts, debts, and liabilities thereof, shall be treated, considered, and dealt with by the said Commissioners in their said inquiry, and in estimating the said debts, in like manner to all intents and purposes as if the said Wych Tree trust had been heretofore by law consolidated with the Swansea district. And after reciting that a certain public bridge called the Loughor Bridge has been erected over a certain river or estuary called the Loughor River, which divides the said county of Caermarthen from the said county of Glamorgan, and the same has been maintained and repaired under the provisions of a certain local Act of Parliament to be repealed in pursuance of this Act: and that the said last-mentioned bridge is useful and beneficial to both of the said last-mentioned counties respectively: It is Enacted, CIX. That all debts due to any mortgagees or creditors in respect of the said last-mentioned bridge, or secured upon the tolls thereof, shall be dealt with, estimated, and redeemed as aforesaid by the said Commissioners; and when the total amount or value of the said debts shall have been by them fixed and determined a sum equal to one-fourth part thereof shall be charged by the said Commissioners, according to the provisions of this Act, upon the said county of Glamorgan, and the residue thereof shall be charged in like manner upon the said county of Carmarthen; and after the said local Act regulating the said last-mentioned bridge shall have been repealed as aforesaid the said bridge, so soon as it shall have been certified under the hand of the general superintendent of county roads to be appointed under this Act to be in good and sufficient repair, which repair, if required, shall be done at the cost and charge of the said county of Carmarthen, shall become a county bridge, and shall be repaired and maintained in equal share and proportion, and at the joint charge and expense of the counties of Carmarthen and Glamorgan, in like manner as any county bridges ought now by law to be repaired and maintained, and each of the said counties shall be and continue severally liable in respect of one moiety of the said bridge and of the repairs thereof. And after reciting that a certain public bridge called the Rumney Bridge has been erected over the River Rumney, which divides the said county of Glamorgan from the county of Monmouth, and the same has been maintained and repaired under the provisions of a certain local Act of Parliament to be repealed in pursuance of this Act: And that the said last-mentioned bridge has been and is useful and beneficial to both of the said last-mentioned counties respectively: It is Enacted, cx. That all debts due to any mortgagees or creditors in respect of the said last-mentioned bridge, or secured upon the tolls thereof, shall be dealt with, estimated, and redeemed by the said Commissioners as aforesaid in like manner as the debts of any turnpike trust in the said county of Glamorgan: Provided nevertheless, that the sum of 1,000l. shall be paid and contributed for and towards the redemption and payment of the said debts by the trustees appointed under and acting in execution of a certain Act of Parliament, 2 & 3 Will. 4. c. xiv., intituled, 'An Act for diverting, altering, repairing, maintaining, and improving the several Turnpike Roads within the District of Newport in the county of Monmouth,' which said sum of 1,000l. shall, after the repeal of the local Act regulating the said bridge, be due and payable by and from the said lastmentioned trustees unto or to the account of the county roads board acting in and for the said county of Glamorgan; and the said trustees are hereby authorized and empowered to charge the tolls of the said Newport turnpike trust with the payment to the said last-mentioned county roads board of such an annuity as shall be equal to 51. 5s. for every 100%. of the said principal sum of 1,000l. together with interest thereon, and so in proportion for every fractional part of 100%, such annuity to be payable for the term of thirty years, commencing from a certain day to be named by the said Commissioners for carrying this Act into effect, after the repeal of the local Act regulating the said bridge, and to be paid half-yearly and without deduction on certain days to be fixed by the said Commissioners, the first payment whereof shall be made on such of the said half-yearly days of payment as shall next happen after such annuity shall have commenced and become payable as aforesaid; and after the said local Act regulating the said last-mentioned bridge shall have been repealed as aforesaid the said bridge shall (so soon as it shall have been certified under the hand of the general superintendent of county roads to be appointed under this Act to be in good and sufficient repair, such repairs to be done at the cost and charge of the said county of Glamorgan,) become a county bridge, and shall be thenceforth repaired and maintained in equal share and proportion, and at the joint charge and expense of the said counties of Glamorgan and Monmouth, in like manner as any county bridges ought now by law to be repaired and maintained, and each of the said counties shall be and continue severally liable in respect of one moiety of the said bridge, and of the repairs thereof; and no part of the said repairs or of the expense thereof shall be thereafter required to be done or contributed by any person or persons, or by the inhabitants of any parish or place, heretofore liable or accustomed to repair the same. CXI. That nothing in this Act contained shall extend or apply to a certain bridge erected over and across the River Wye called the Hay Bridge, and which is situated on or between the confines of the said county of Radnor and of the said county of Brecknock, nor to a certain other bridge lately erected over and across the River Dungleddau at or in the town and county of Haverfordwest, nor to a certain other bridge erected over and across the said river Wye called the Broughrood Bridge, and which is situated on or between the confines of the said county of Brecknock and of the said county of Radnor, nor to any local Act or Acts of Parliament for making, erecting, maintaining, or regulating the said last-mentioned bridges respectively, anything herein before contained to the contrary thereof in anywise notwithstanding. And after reciting that a certain portion of road heretofore made and maintained under a certain local Act of Parliament, 4 Geo. 4. c. iv., intituled, 'An Act for making and maintaining a Road from Rhayader in the County of Radnor to Llangerrig in the County of Montgomery,' is locally situated in the said last-mentioned county of Montgomery:— It is Enacted, CXII. That from and after the repeal of the said last-mentioned local Act the said last-mentioned portion of road shall, far the purpose of this Act, and for the purpose of maintaining the same, be annexed to and become part of the next adjoining district of roads of and belonging to the said county of Montgomery; and all the powers, clauses, and provisions of an Act, 4 & 5 Will. 4. c. xxxi., intituled, 'An Act for improving and maintaining certain Roads in the Counties of Montgomery, Merioneth, Salop, and Denbigh,' shall apply to and include such last-mentioned portion of road, in like manner as if the same had been expressly mentioned and comprised in the said Act: Provided always, that it shall not be lawful for the trustees, or other persons acting in execution of the said last-recited Act, to erect or maintain any toll-gate or toll-bar, or to collect or cause to be collected any toll, upon, across, or at the side of the said portion of road, anything in the said last-recited Act to the contrary notwithstanding. CXIII. That all fines and penalties imposed by this Act shall be recovered and applied in the same manner as fines and penalties imposed by the said general Turnpike Acts or any of them; and the several clauses and provisions in the said last mentioned Acts contained respecting the recovery and application of penalties shall be applicable for the purposes of this Act as if the same were expressly re-enacted herein. CXIV. That in construing this Act the following words and expressions shall have the several meanings hereinafter assigned to them, unless there be something in the subject or context repugnant to such constructions; (that is to say,) Words importing the singular number shall include the plural number, and words importing the plural number shall include the singular number: The word "person" shall include corporation, whether sole or aggregate: Words importing the masculine gender shall include females: The word "lands" shall include all messuages, tenements, and hereditaments: The word "parish" shall include townships, tithings, rapes, vills, wapentakes, divisions, liberties, market towns, franchises, hamlets, precincts, chapelries, or other like districts: The words "general Quarter Sessions" shall include general or quarter sessions, or adjournments thereof: The words "Justices of the Peace" shall include Justices of the Peace of any county, borough, liberty, precinct, county of a town, or town corporate: The words "turnpike roads" shall include all roads, ways, streets, lanes, causeways, or bridges, or parts thereof, mentioned or comprised in any local Act of Parliament, in, upon, or at the sides of which tolls are authorized by such Act to be collected, and which tolls are applicable to the debt charged upon the same, and to the maintenance or repair of such roads, ways, streets, lanes, causeways, or bridges : The words "turnpike trust" shall include all and every turnpike road or roads, or parts thereof, the tolls of which are applicable to the debt charged upon such tolls only, or to the maintenance of such road or roads only, or parts thereof, whether regulated or not by the same Act or Acts of Parliament, with any other road or roads, or parts thereof: The word "trustees" shall be held to include Commissioners and all persons appointed to put in execution any local Act or Acts for regulating turnpike roads: The word "tolls" shall include all monies payable under any Act regulating turnpike roads, or forming part of the revenue of any turnpike roads: The words "toll gates" shall include toll bars, toll houses, and all other erections, buildings, and things built up, set up, or made for any purpose connected with the collection of tolls: The word "mortgage" shall include all deeds, tallies, bonds, assignments, or other instruments by which any principal sum of money is secured upon any tolls, or by which any tolls or toll gates, or any part or proportion thereof, are assigned, in consideration of any principal sums of money advanced to any trustees of turnpike roads, and all assiguments of such deeds, assignments, or other instruments: The word "mortgagee" shall include all persons holding or entitled to hold any such mortgages, tallies, deeds, bonds, assignments, or other instruments or assignments, or transfers thereof as aforesaid: The word "month" shall mean calendar month; and where any number of days is specified, the same shall be reckoned exclusively of the days to and from which computation is directed to be made. cxv. That this Act may be amended or repealed by any Act to be passed in this present session of Parliament. SCHEDULES to which the foregoing Act refers. FIRST SCHEDULE. An Act passed in the Third Year of the Reign of King George the Fourth, intituled "An Act to amend the general Laws now in being for regulating Turnpike Roads in that Part of Great Britain called England." An Act passed in the Fourth Year of the Reign of King George the Fourth, intituled " An Act to explain and amend an Act passed in the Third Year of the Reign of His present Majesty, to amend the general Laws now in being for regulating Turnpike Roads in that Part of Great Britain called England." An Act passed in the Session held in the Seventh and Eighth Years of the Reign of King George the Fourth, intituled “An Act to amend the Acts for regulating Turnpike Roads in England." An Act passed in the Ninth Year of the Reign of King George the Fourth, intituled "An Act to amend the Acts for regulating Turnpike Roads." An Act passed in the Session held in the First and Second Years of the Reign of King William the Fourth, intituled "An Act to amend the Acts for regulating Turnpike Roads in England, so far as they relate to certain Exemptions from Toll." An Act passed in the Session held in the Second and Third Years of the Reign of King William the Fourth, intituled "An Act to explain certain Provisions in Local Acts of Parliament relating to Double Toll on Turnpike Roads." An Act passed in the Session held in the Third and Fourth Years of King William the Fourth, 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." An Act passed in the Session held in the Fourth and Fifth Years of the Reign of King William the Fourth, intituled "An Act to amend an Act of the Third Year of King George the Fourth, for regulating Turnpike Roads in England, so far as the same relates to the Weights to be carried upon Waggons with Springs." SECOND SCHEDULE. RATE of TOLL to be taken in the COUNTIES to which this Act refers. For every Horse or other Beast drawing any Coach, Chariot, Berlin, Landau, Landaulet, Barouche, £. s. d. Chaise, Phaeton, Vis-a-vis, Calash, Curricle, Car, Chair, Gig, Hearse, Caravan, Litter, or any such like Carriage For every Horse or other Beast, except Asses, drawing any Waggon, Wain, Cart, or other such For every Ass drawing any Cart, Carriage, or other Vehicle 0 0 6 0 0 4 0 0 2 0 0 11 0 0 0 For every Drove of Oxen, Cows, or neat Cattle, the Sum of Ten-pence per score, and so in proportion for any greater or less number. For every Drove of Calves, Hogs, Sheep, or Lambs, the Sum of Five-pence per Score, and so in proportion for any greater or less number. For every Carriage drawn or impelled by Steam, or other Power other than Animal Power, having And for every such last-mentioned Carriage having more than Two Wheels 010 0 20 CAP. XCII. AN ACT to amend the Law respecting the Office of County Coroner. 1. 58 Geo. 3. c. 95. repealed. 2. Petition for division of counties. ABSTRACT OF THE ENACTMENTS. (9th August 1844.) 3. Preparation of petition. 4. Division of the county into districts. 5. Districts to be assigned to coroners. 6. Provisions for coroners already acting in districts. 7. List of places in each district to be made. 8. Detached parts to form parts of counties by which they are surrounded. 9. Election to be held in the district ;—who to elect. 10. Sheriff to hold a special county court for election of coroner.-If election not determined on the view, then to proceed to take s poll.-Duration of poll. 11. Places for taking the poll at elections for coroners. 12. Sheriff may erect polling booths for taking the poll at.—No voter to poll out of the district where his property lies.—In case of a parish not included in any district. 13. Poll clerks to be appointed and sworn.-Inspector of poll clerk.—Electors to be sworn.-Oath. 14. Punishment for perjury. 15. Custody of poll books, and final declaration of the poll. 16. Expenses of sheriff, &c. to be paid by the candidates. 17. Coroners may compel attendance of jurors and witnesses.—Coroner to certify defaulters to the clerk of the peace ;—who shal enter them on the roll of fines.-Proviso. 18. Coroner not to act professionally in prosecutions where he shall have sat as coroner in the same case. 19. Coroner, although elected for a district, shall be considered as coroner for the whole county, except, &c. 20. Present and future coroners (except during illness, &c. of coroner for another district, or in case of vacancy in the office,) to hold inquests only within the district to which they shall have been assigned or elected. 21. Coroners to be paid travelling expenses where inquisition shall not be taken. 22. Coroners to be paid when they act for sheriffs. 23. Coroners for detached places to continue to hold inquests. 24. Expenses of inquests occasioned to any county with respect to any detached part of any other county. 25. Coroners for particular places excepted out of this Act. 26. Provisions of Act as to expenses to extend to the Cinque Ports. 27. To what places this Act shall not extend. 28. Meaning of "county." 29. Not to affect the royal prerogative. 30. Act to extend only to England. 31. Act may be amended this session. |