Page images
PDF
EPUB

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 toaintained 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 conso. idation 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, cym. 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 Aet: 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 Carnarthen, 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 1,0001. 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 1,0001. 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 1,0001. together with interest thereon, and so in proportion for every fractional part of 1001., 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 Brougbrood 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 hereinbefore 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 Parliamest, 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

, fer 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 Ad, 4 & 5 Will. 4. c. xxxi., intituled, 'An Act for improving and maintaining certain Roads in the Counties of Montgovery, Merioneth, Salop, and Denbigh,' shall apply to and include such last-mentioned portion of road, in like manuer 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, er other persons acting in execution of the said last-recited Act, to erect or maintain any toll-gate or toll-bar, or to collect er cause to be collected any toll, upon, across, or at the side of the said portion of road, anything in the said last-recited Ad to the contrary notwithstanding.

cxi. That all fines and penalties imposed by this Act shall be recovered and applied in the same manner as fives and penalties imposed by the said general Turnpike Acts or any of them; and the several clauses and provisions in the said lastmentioned 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 appli

cable 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

Tumpike 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

Aet 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 regu-

lating 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.

0

2

[ocr errors]

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

0 0 6 For every Horse or other Beast, excepi Asses, drawing any Waggon, Wain, Cari, or other such like Carriage.

0 4 For every Ass drawing any Cart, Carriage, or other Vehicle For every Horse or Mule, laden or unladen, and not drawing

0 11 For every Ass, laden or unladen, and not drawing .

0 0 For every Drove of Oxen, Cows, or neat Cattle, the Sum of Ten-pence per score, and so in propor

tion 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 Two Wheels

0 1 0 And for every such last-mentioned Carriage having more than Two Wheels

0 2 0

0 0 0 0

CAP. XCII.

AN ACT to amend the Law respecting the Office of County Coroner.

(9th August 1844)

ABSTRACT OF THE ENACTMENTS. 1. 58 Geo. 3. c. 95. repealed. 2. Petition for division of counties. 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 takes

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 ;-toko skai By this Act, After reciting that the regulations for the elections of coroners for counties are insufficient: and that such elections are made with much inconvenience, and are attended with great and unnecessary expense: and that for remedy of such grievances, it is expedient that an alteration should be made in the manner of making such elections:

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, 8c. 20. Present and fuiure coroners (except during illness, fc. of coroner for another district, or in case of vacancy in the office,) ta kald

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.

It is Enacted, 1. That an Act, 58 Geo. 3. c. 95, intituled, 'An Act to regulate the Elections of Coroners for Counties,' shall be repealed.

11. That when and as often as it shall seem expedient to the Justices of any county that such county should be divided into two or more districts for the purposes of this Act, or that any alteration should be made of any division theretofore made under this Act, it shall be lawful for the said Justices, in general or quarter session assembled, to resolve that a petition shall be presented to Her Majesty, praying that such division or alteration be made, and thereupon to adjourn the further consideration of such petition until notice thereof shall be given to the coroner or coroners of such county as hereinafter provided.

III. That the clerk of the peace shall give notice of any such resolution to every coroner for such county, and of the time when the petition will be taken by the said Justices into consideration, and the Justices shall confer with every such coroner, who shall attend the meeting of the Justices for that purpose, touching such petition, having due regard to the size and nature of each proposed district, the number of the inhabitants, the nature of their employments, and such other circumstances as shall appear to the Justices fit to be considered in carrying into execution the provisions of this Act; and such petition, with a deseription of the several proposed districts, and of the boundaries thereof, with the reasons upon which the petition is founded, shall be certified to Her Majesty under the hands and seals of two or more of the Justices present when such petition shall be agreed to, and the clerk of the peace for such county shall forthwith give or send a true copy of such petition, certified under his hand, to every coroner for such county.

iv. That it shall be lawful for Her Majesty, if she shall think fit, with the advice of her Privy Council, after taking into consideration any such petition, and also any petition which may be presented to her by any coroner of the same county concerning such proposed division or alteration, or whenever it shall seem fit to Her Majesty to direct the issue of a writ de coronatore eligendo, for the purpose of authorizing the election of an additional coroner above the number of those who have been theretofore customarily elected in such county, to order that such county shall be divided into such and so many districts, for the purposes of this Act, as to Her Majesty, with the advice aforesaid, shall seem expedient, and to give a name to each of such districts, and to determine at what place within each district the court for the election of coroner for such district shall be holden as hereinafter provided, and every such order shall be published in the London Gazette.

v. That the Justices in general or quarter session assembled shall assign one of such districts to each of the persons holding the office of coroner in such county, and upon the death, resignation, or removal of any such person each of his successors, and also every other person thereafter elected into the office of coroner in such county, shall be elected to and shall exercise the office of coroner, according to the provisions of this Act, and shall reside within the district in and for which he shall be so elected, or in some place wholly or partly surrounded by such district, or not more than two miles beyond the outer boundary of such district.

vi. That whenever it shall appear to Her Majesty, with the advice aforesaid, and shall be set forth in the said Order in Council, that any such county has been customarily divided into districts for the purpose of holding inquests during the space of seven years before the passing of this Act, and it shall seem expedient to Her Majesty, with the advice aforesaid, that the same division of the county be made under this Act, each of such districts shall be assigned to the coroner usually acting in and for the same district before the passing of this Act; but if it shall appear expedient to Her Majesty, with the advice aforesaid, that a different division of such county be made, and any such coroner shall present a petition to Her Majesty, praying for compensation to him for the loss of his emoluments arising out of such change, it shall be lawful for Her Majesty, with the advice aforesaid, to order the Lord High Treasurer or Commissioners of Her Majesty's Treasury to assess the amount of compensation which it shall appear to him or them ought to be awarded to such coroner, and the amount of such compensation shall be paid by the treasurer of the county to such coroner, his executors or administrators, out of the county rate.

vii. That such Justices so assembled as aforesaid shall order a list to be prepared by the clerk of the peace for their respective counties of the several parishes, townships, or hundreds, as the case may be, in each and every of the several districts into which the respective counties shall be divided under the authority of this Act, specifying in such list the place within each district at which the court for the election of coroner is to be holden, and also the place or places at which the poll shall be taken, inserting the parishes, townships, and places for each of such polling places, and shall cause such order to be inrolled among the records of the county.

Fill. That all isolated or detached parts of counties shall be considered, for the purposes of this Act, as forming a part of that county, riding, or division respectively whereby such isolated or detached parts shall or may he wholly surrounded, but if any such isolated or detached part shall be surrounded by two or more counties, ridings, or divisions, then as forming part of that couuty, riding, or division with which such isolated or detached part shall have the longest common boundary.

ix. That from and after the time when any county shall have been so as aforesaid divided every election of a coroner for any such district shall be held at some place within the district in which he shall be elected to serve the office of coroner; and that every person to be so elected shall be chosen by a majority of such persons residing within such district as shall at the time of such election be duly qualified to vote at the elections of coroners for the said county. X. That from and after the division of any counties as aforesaid into coroners districts, upon every election to be made of any coroner or coroners for any county the sheriff of the county where such election shall be made shall hold a court for the same election at some convenient place within the district for which the election of coroner shall take place, on some day to Vol. XXII.-Stat.

2 L

« EelmineJätka »