Lockwood and Meltham Turnpike Road Act of 1852

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15 VICT.—SESS, 1852.

THE LOCKWOOD AND MELTHAM TURNPIKE ROAD ACT, 1852.

ARRANGEMENT OF SECTIONS.

Preamble. Section. Repeal of existing Act - - - - + - = = -

Monies and Property to vest in the new Trustees -

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15 VICT.—SESS. 1852.

AN

A C T

TO

Repeal an Act passed in the Sixth Year of the Reign of King George the Fourth, intituled,

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2 The Lockwood and Meltham Turnpike Road Act, 1852.

And whereas considerable sums of money have been advanced upon the credit of the tolls authorized to be taken by the said recited Acts of which money there still remains owing the sum of One thou- sand pounds, bearing interest at the rate of Five pounds per centum per annum, and the sum of Five hundred pounds, bearing interest at the rate of Four pounds per centum per annum, and considerable sums of money, amounting in the whole to Four thousand eight hundred and ninety-four pounds Seven shillings and Sixpence, have also been sub- scribed by various persons for the purpose of making and maintaining the said Roads authorized to be made and maintained by the said first recited Act, and to be amended, improved, and maintained by the said last recited Act, which also remain owing with the interest ac- crued thereon, but no mortgages, bunds, or other legal securities have been granted in respect of the said sum of Four thousand eight hun- dred and ninety-four pounds Seven shillings and Sixpence, and such moneys respectively cannot be paid off or the interest thereof discharged unless further powers are granted aud the term of the said last recited Act further continued :

And whereas it would be very beneficial to the public if powers were given for widening and improving so much of the said Road leading from Lockwood to Meltham as is situate between the north- east corner of a garden belonging to Richard Henry Beaumont, Esquire, in the occupation of Samuel Sykes, and a point on the north side of a close of land called the Croft, belonging to the said Richard Henry Beaumont, in the occupation of James Sykes, being sixty-six feet from the west end of a barn belonging to the said Richard Henry Beaumont, in the occupation of the said James Sykes, all in the township of South

Crosland, in the parish of Almondbury, in the West Riding of the county of York :

And whereas it is expedient that the said last recited Act should be repealed, and that further and more effectual powers should be

granted in lieu thereof, but the purposes aforesaid cannut be effected without the authority of Parliament :

MAY IT THEREFORE PLEASE YOUR MAJESTY,

That it may be enacted, and be it enacted by The Queen’s most

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The Lockwood and Meltham Turnpike Road Act, 1852. 3

I. That upon the Thirty-first day of October next after the passing of this Act, the said recited Act of the sixth year of the reign of His Majesty King George the Fourth shall be repealed, and that this Act shall thereafter be put into execution during the term and for the purposes hereinafter mentioned.

IJ. That all rents, arrears of tolls, and other moneys due to, and all choses in action, and all other real and personal property vested in or belonging to the Trustees under the Act hereby repealed, shall immediately on the commencement of this Act be vested in and belong to the Trustees for executing this Act, and such last-mentioned Trus- tees may sue for and recover the same, and act in respect thereof as effectually as the Trustees under the said recited Act of the sixth year of the reign of His Majesty King George the Fourth might have done prior to the repeal thereof, and they shall be liable to all the debts and engagements to which the Trustees under the said last-recited Act were liable at the time of the repeal thereof.

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Power to appoint additional Trus- tees.

First meeting of Trustees.

Power to appoint Committees.

4 The Lockwood and Meltham Turnpike Road Act, 1852.

castle Hebden, James Taylor Ingham, John Jessop, John Jessop the younger, George Jessop, George Jessop the younger, Richard Jessop, Frederick Robert Jones, Frederick Robert Jones the younger, Joseph Kaye, James Kenyon of Dogley Mills, Jonas Kenyon, Thomas Leigh of Almondbury, Edward Ledgard, John Lancaster, William Leigh, James Lees, John Mallinson, Samuel Oldfield, Edward Jonathan Priestley, Sir Joseph Radcliffe, baronet, Joseph Percival Pickford Radcliffe, Charles Radcliffe, Sir John William Ramsden, baronet, Jonathan William Roberts, Henry Stables, Walter Williams Stables, Bentley Shaw, William Shaw of Wentbridge, Robert Shaw, Ebenezer Tinker, Uriah Tinker, Joseph Turner, woolstapler, John Whitacre, William Wrigley, James Wrigley, Thomas Cockill Wrigley, Joseph Wrigley, Robert Walker Waddington, William Henry Waddington, Charles Waddington, and Amos Woodhead of Meltham, and their successors, being duly qualified to act as Trustees of Turnpike Roads in England, shall be and they are hereby appointed Trustees for carrying this Act into execution.

IV. That it shall be lawful for the said Trustees from time to time, at any meeting under this Act, to elect any number of persons duly qualified to act as Trustees of Turnpike Roads in England, not exceeding Three in the whole, to be Trustees for the purposes of this Act, in addition to the Trustees hereby nominated ; and such Trustees so elected shall have the same powers and authorities for executing this Act as if they had been hereby appointed.

V. That the said Trustees shall hold their first meeting at the George Hotel, in Huddersfield, in the county of York, or at some other convenient place in the neighbourhood of the said Roads, on the Eighteenth day of November Onethousand Eight hundredand Fifty-two, and shall then and from time to time thereafter adjourn to and meet at such times and at such places in the neighbourhood of the said Roads as they shall think proper.

VI. That the said Trustees may appoint Committees out of their own number to execute any of the purposes of this Act, according to such instructions and regulations as shall be laid down by the said Trustees at any general meeting, and the said Committees may pro- ceed and act according to such appointment, but shall always be accountable according to the instructions and regulations so to be made.

VII. That

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The Lockwood and Meltham Turnpike Road Act, 1852. 5

VII. That this Act shall be put into execution for the purpose of widening and improving the present Turnpike Road leading from the Huddersfield and Woodhead Turnpike Road at Lockwood, in the parish of Almondbury, in the West Riding of the county of York, to Meltham, in the same parish, and of maintaining and keeping in repair the same Road, and also the Branch Road therefrom, to Meltham Mills, in the same parish.

Roads to which Act applicable.

VIII. That notwithstanding the repeal of the said recited Act of Present tolls con-

the sixth year of the reign of His Majesty King George the Fourth, the several tolls thereby granted and made payable shall continue to be paid at the toll-gates or toll-bars to be continued or erected on, or on the sides of, the said Roads until the Twenty-eighth day of No- vember One thousand Eight hundred and Fifty-two.

IX. That upon and after the said Twenty-eighth day of No- vember, One thousand Eight

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No more than three full tolls to be taken in one day.

To repass once for each full toll.

Stage-coaches, &c. to pay every time of passing.

Post-chaises, &c. to be subject again to toll on every new hiring.

6 The Lockwood and Meltham Turnpike Road Act, 1852.

For every dog or goat, drawing any carriage or other vehicle, the sum of One penny. For every waggon, wain, cart, or other carriage, propelled or drawn by steam or other power than animal power, the sum of Two shillings and Sixpence.

For every drove of oxen, cows or neat cattle, the sum of One shilling and

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The Lockwood and Meltham Turnmke Road Act, 1852. 7

XIV. That all carts and other carriages drawn by One horse or other beast, and having the sole or bottom of the fellies of the wheels thereof of less breadth than Six inches, shall be liable to be weighed at any weighing machine now erected, or which hereafter may be erected upon or for the benefit of the said Roads, pursuant to the provisions of any Act now in force or hereafter to be passed in the same manner as earts and other carriages drawn by any greater number of hotses or other beasts are now liable to be weighed by law, and the owners and drivers thereof shall be liable to the same penalties for refusing to soffer such carts and other carriages to be weighed, or for obstructing the wheels being measured or gauged as the owners or drivers of carts or other carriages drawn by two or more horses are now liable by

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Arrears of interest on 4,804

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The Lockwood and Meltham Road Act, 1852. g

executing such mortgage shall be jointly and severally liable to indemnify the tolls or other moneys out of which the moneys secured by such mortgage shall be paid; and it shall be lawful for the treasurer for the time being of the Trustees to sue for and recover such money so paid by action of debt in any of Her Majesty’s Courts of Record, with full costs of suit, to be taxed as between attorney and client.

XIX. That all moneys in the hands of the Trustees of the said recited Act of the sixth year of the reign of His Majesty King George the Fourth, and all monies to be collected or

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Plan, &c. deposited at the office of the clerk of the peace, to remain there and to be open to

10 The Lockwood and Meltham Turnpike Road Act, 1852.

hundred pounds, the residue of the money borrowed on mortgage under the authority of the said recited Acts, or one of them, or on so much of the said sum of Five hundred pounds as shall from time to time remain unpaid :

In the seventh place, in repaying the said principal sum of One thousand pounds so borrowed on mortgage as aforesaid.

In the eighth place, in keeping down the interest, at the rate of Two pounds per centum per annum, on the said sum of Four thou- sand eight hundred and ninety-four pounds Seven shillings and Six pence.

In the ninth place, in repaying the said prineipal sums of Five hundred pounds and Four thousand eight hundred and ninety-four pounds Seven shillings and Sixpence respectively.

Provided, that when the whole of the satd principal sums shall have been discharged, the Trustees may apply such further sum as may from time to time be necessary, beyond the said sum of Two hundred pounds, towards the improving, maintaining, and keeping in repair the said Roads, and putting this Act into execution with reference

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XXI. That it shall be lawful for the Trustees (by means of the money to be borrowed under the authority of this Act) to widen the portion of the Road hereinbefore described, as delineated in the said plan, and for such purpose to take possession of the lands and heredita- ments described in the said plan and book of reference, and to take down any houses or buildings thereon, making satisfaction for the same to the owners thereof, and other persons interested therein, for the damage which such owners or other persons may respectively sus- tain thereby ; and it shall be lawful for the said Trustees, and for their surveyors and workmen, from time to time to enter upon the said several lands, and to stake out the same for the purposes of this Act, at such times and in such manner as the said Trustees or sur- veyors shall think necessary or expedient.

XXII. That the Trustees in widening the said road as aforesaid, shall not deviate from the line described in the said plan without the consent in writing of the owner and occupier of the lands through which any such deviation would be made.

XXIII. That in case the Trustees shall not within the space of Three years from the commencement of this Act pay for the lands which they are by this Act authorized to take, then and from thence- forth all the powers by this Act or any other Act granted in relation to the taking of lands for the purposes of turnpike roads shall so far as relates to the lands hereinbefore authorized to be taken for the pur- poses of this Act, cease and be utterly void unless with the consent of the owners and occupiers of such lands respectively.

XXIV. That it shall be lawful for the Trustees (for the purpose of widening the portion of the Road hereinbefore described) to borrow and take up at interest on the credit of the tolls arising on the said Roads any sum or sums of money not exceeding in the whole the sum of Two hundred pounds, and to grant mortgages of the said tolls for securing the repayment of such sum or sums of money and the interest thereof, such mortgage or mortgages and any assignment or assionments thereof to be in the form prescribed by the Acts now in being for regulating Turnpike Roads in England.

That after the said principal sum of One thousand pounds shall have been paid off and discharged, then when and so often as 19. D the

Power to widen

Road.

Trustees not to deviate from plan.

Limiting time for compulsory pur- chase of lands.

Power to borrow money.

As to mode of discharging debt.

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No tolls to be taken, of any money laid eut in any town.

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the sum applicable to the discharge of the principal moneys for the time being owing on the of the said tolls shall amount to the sum of Two hundred pounds, the Trustees shall ut any general annual or other meeting apply: such sum in the payment of a proportionate part of the said principal moneys to the persons entitled thereto, and shall Twenty-eight days at least before such general annual or other Meeting cause notice to be given of such meeting, and of the purposes thereof, so far as the same relate to the application of such sum, in some newspaper published in the West Riding of the county of

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XXVII. That nothing herein contained shall be deemed to exempt Roads not ex- the said Roads from the provisions of any General Act relating to the empted from Ge , General Act. consolidation or other improved arrangement of turnpike roads which may pass during the present or any future Session of Parliament, or from the provisions of any such Act now in force, except so far as any

such last-mentioned provisions may be expressly varied by this Act.

XXVIII. That this Act shall commence on the Thirty-first day of Term of Act. October next after the passing thereof, and shall continue in force for the term of Twenty-one years, and from thence to the end of the Session of Parliament which shall then next follow.

XXIX. That in this Act the following words and expressions shall Interpretation have the several meanings hereby assigned to them, unless there be something in the subject or context repugnant to such construction ; (that is to say,)


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