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ANNO SEXTO
GEORGI IV. REGIS.
Cap.
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2490
4G, 4. c. 95.
5
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Road may be made.
Road to be made ac- cording to the Maps or Plans depo- sited at the Offices of the Clerk of the Peace.
6 GEORGII IV. Cap.ciii.
Treasurer, or the Partner of such Treasurer, or the Clerk of or other Person in the Service or Employ of such Treasurer, or of the Partner of such Treasurer, the Clerk for the Purposes of this Act; and if any Person shall act in both the Capacities of Clerk and Treasurer for the Pur- poses of this Act, or if any Person being the Partner of such Clerk, or the Clerk of or other Person in the Service or Employ of such Clerk, or of the Partner of such Clerk, shall act as Treasurer, or being the Partner of such Treasurer, or the Clerk of or other Person in the Service or Employ of such Treasurer, or of the Partner of such Treasurer, shall act as Clerk in the Execution of this Act, or if any Treasurer shall hold any Place or Office of Profit or Trust under this Act other than that of Treasurer, every Person so offending shall for every such Offence forfeit and pay the Sum of One hundred Pounds to any Person who shall sue for the same, to be recovered with full Costs of Suit in any of His Ma- jesty’s Courts of Record at Westminster, by Action of Debt or on the Case, or by Bill, Plaint, or Information, wherein no Essoign, Protection, or Wager at Law, normore than One Imparlance, shall be allowed.
VI. And be it further enacted, That it shall be lawful for the said Trus- tees, and they are hereby authorized and empowered to make the said Road in, upon, over, or through any private Lands or Grounds, of such Width as they shall think proper, not exceeding Forty-two Feet, together with such Footpaths, Causeways, Bridges, Culverts, Fences, Ditches, and Drains as they shall think necessary or expedient, and for such Pur- pose or Purposes to pull down, or take and use, or lay into the said Road the Buildings, Tenements, or Hereditaments mentioned in the Schedule to this Act annexed marked (A.) making Satisfaction to the Owners thereof and Persons interested therein for the same, or for the Damage they may sustain thereby, and also in, upon, over, or through any Commons, Waste, or uninclosed Grounds, without making any Satisfaction for such Com- mons, Waste, or uninclosed Grounds; and it shall also be lawful for the said ‘Trustees, and for their Surveyors or Surveyor and Workmen, from Time to Time to enter upon the Lands and Premises through which or whereupon such Road, Footpaths, Causeways, Fences, Ditches, and Drains is or are intended to be made or pass, and also upon any adjoining Lands or Grounds, and to stake out the same in such Manner as the said Trustees shall think necessary or expedient, without being deemed a Tres- passer or ‘Trespassers, and without being subject or liable to any Fine, Penalty, or Punishment for entering or continuing upon such Lands or Premises respectively for any of the Purposes of this Act; and if any Person shall pull up, remove, or destroy any such Stakes or other Marks used for the Purposes aforesaid, every Person so offending shall forfeit and pay for every such Offence any Sum not exceeding Five Pounds.
Vil. And whereas a Map or Plan describing the Line of the said Road, and the Lands, Hereditaments, and Premises through or over which the same is to be made or carried, together with a Book of Reference, con- taining a List of the Names of the Owners and Occupiers of such Lands, Hereditaments, and Premises, have been deposited at the Office of the Clerk of the Peace for the said West Riding; be it therefore enacted, That the said Map or Plan and Book of Reference shall remain in the Custody of the Clerk of the Peace of the said Riding, to the End that all Persons may at all seasonable Times have liberty to inspect and peruse the
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the same, and take Copies or Extracts thereof at their Will and Pleasure, paying the Clerk of the Peace the Sum of One Shilling for every such Inspection, and at the Rate of Sixpence for every Seventy-two Words of such Copies or Extracts of the said Map or Plan and Book of Reference ; and the said Trustees in making the said Road shall not deviate within any inclosed Lands or Grounds more than One hundred Yards of Three Feet each from the Line described in the said Map or Plan, without the Consent and Approbation in Writing of the Person or Persons, Bodies Politic, Corporate, or Collegiate, through whose Lands or Premises such Deviation shall be made, but may deviate from the said Line over any Part of the said Commons, Waste, or uninclosed Lands (so long as they shall remain uninclosed) without any such Consent or Approbation, in such Manner as to them shall from Time to Time seem most expedient.
VIII. Provided always, and be it further enacted, That it shall be lawful for the said Trustees to make the said Road into, through, across, or over the several Lands, Hereditaments, or Premises of any Person or Persons who is or are or may be Owner or Owners of Lands or Premises over which the same is or are set out and described in the said Map or Plan as aforesaid, although the Name or Names of such Person or Per- sons may happen to be omitted or mis-stated in the said Book of Refe-
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Lands marked in the Plan may be used, not- withstanding Errors in the Book of Reference.
rence, in case it shall appear to any Two or more Justices of the Peace for -
the said Riding, and be certified by Writing under their Hands, that such Error or Omission proceeded from Mistake.
IX. Provided always, and be it further enacted, That if the said Trus-
Limiting
tees shall not, within the Space of Five Years next after the passing of
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Application of
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6° GEORGII IV. Cap. ciii.
be entitled to the Rents and Profits of the Lands, Tenements, or Here- ditaments so to be purchased and settled, such Nomination to be approved of by Three or more of the Trustees for executing this Act, such Nomination and Approbation to be signified in Writing under the Hands of the nominating and approving Parties ; and the Money so paid to such Trustees, and the Dividends and Produce arising thereon and therefrom, shall be by them applied in like Manner as is herein-before directed with respect to the Money so to be paid into the Bank in the Name of the Accountant General of the Court of Exchequer, but without obtaining or being required to obtain any Order of the said Court touching the Applica- tion thereof.
XII. Provided also, and be it further enacted, That where such Money so agreed or awarded to be paid as last herein-before mentioned shall be less than
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In case of disputed Titles.
Court may order reason- able Ex- pences to be paid by Trustees.
Power to erect Toll Houses, &c.
6°
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IV.
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Stage. Coaches to pay every Time of passing.
Post Chaises, &c. to pay Toll for every new Hiring.
No more than One full Toll to be paid on the whole Line of Road.
Application of the Tolls and Money borrowed.
Public Act.
6° LV. Cap. ciii.
sons, in respect of the same Horses or other Beasts drawing any Carriage or Carriages laden with Peat or Turf, dug or gotten from any Commons, Waste, or other Lands, within any or either of the Townships through which the said Road passes, for any Number of Times which such Horses
or other Beasts or Carriages may pass along the said Road during the same Day.
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6°GEORGII IV.