Lockwood and Meltham Turnpike Road Act of 1852

The Lockwood and Meltham Turnpike Road Act of 1852 was summarised as:

An Act to Repeal an Act passed in the Sixth Year of the Reign of King George the Fourth, intituled, "An Act for Amending, Improving, and Maintaining the Road from Lockwood to Meltham, and the Branch of Road to Meltham Mills, all in the Parish of Almondbury, in the West Riding of the County of York," and for the Widening and better Maintaining and Repairing the said Road, and for other Purposes.

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15 VICT.-SESS. 1852.
THE LOCKWOOD AND MELTHAM TURNPIKE ROAD
ACT~ 1852.
ARRANGEMENT OF SECTIONS.
Preamble.
Repeal of existing Act
Monies and Property to vest in the new Trustees
Appointment of Trustees -
Power to appoint additional Trustees
First Meeting of Trustees
Power to appoint Committees -
Roads to which Act applicable -
Present Tolls continued for a Term -
Power to take Tolls
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
Postchaises, &c. to be subject again to Toll on every new hiring -
One-horse carts to be weighed, and additional Tolls for overweight
Section.
I
2
3
4
5
6
7
8
9
- 10
- 11
- 12
- 13
- 14
A Halfpenny to be taken in case of a fraction of a Halfpenny in Tolls - 15
Mortgagees to take possession for payment of Interest only
Arrears of Interest on £, 4,894. 7. 6. extinguished
- 16
- 17
Money not to be borrowed on credit of Tolls without consent of Secretary
of State - - • - - - - - - - - 18
Application of Moneys - - 19
Plan, &c. deposited at the Office of the Clerk of the Peace, to remain
there and to be open to inspection - 20
Power to widen Road
Trustees not to deviate from Plan
Limiting Time for compulsory purchase of Lands
Power to borrow Money -
As to mode of discharging Debt
No Tolls to be taken, or any Money laid out in any Town -
Roads not exempted from General Act
Term of Act -
Interpretation Clause
Short Title
19.
- 21
- 22
- 23
- 24
- 26
- 26
- 27
- 28
- 29
30 •
15 VIOT.-SESS. 1s;;2.
AN
A C T
TO
Repeal an Act passed in the Sixth Year of the
Reign of King George the Fourth, intituled,
'' An Act for Amending, Improving, and Maintaining
the RoAD from LocKwoon to MEL'l'HA
M, and the Branch of RoAD to MELTHAM
MILLS, all in the Parish of ALMONDBUR Y, in
the West Riding of the County of YORK,'' and
for the Widening and better Maintaining and
Repairing the said Road, and for other Purposes.
[RoYAL AssENT, 28 May 1852.]
WHEREAS an Act was passed in the fifty-eighth year of the Preamble.
reign of His Majesty, King George the Third, intituled, "An
Act for making and maintaining a Road from Lockwood to Meltham,
and a Branch of Road to Meltham Mills, all in the parish of
5 Almondbury, in the West Riding of the county of York:"
And whereas another Act was passed in the sixth year of the
reign of His Majesty King George the Fourth, intituled, "An Act
for amending, improving, and maintaining the Road from Lockwood
to Meltham, and the Branch of Road to Meltham Mills, all in the
to parish of Almond bury, in the West Riding of the county of York,"
whereby the said first recited Act was repealed :
And whereai, the term granted by the said last recited Act, and
continued from time to time by virtue of divers Acts of Parliament
for continuing certain Turnpike Acts for limited periods, will expire on
15 the first day of November One thousand Eight hundred and Fifty-two:
19. .t. And
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
Acis of which money there still remains owing the sum of One thousand
pounds, bearing interest at the rate of Five pounds per centum per
annum, and the sum of Five hundred pounds, bearing interest at the 5
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 subscribed
by various persons for the purpose of making and maintaining
the said Roads authorized to be made and maintained by the said first I o
recited Act, and to be amended, improved, and maintained by the
said last recited Act, which also remain owing with the interest accrued
thereon, but no mortgages, bonds, or other legal securities have
been granted in respect of the said sum of Four thousand eight hundred
and ninety-four pounds Seven shillings and Sixpence, and such 15
moneys respecth·ely cannot be paid off or the interest thereof discharged
unless further powers are granted afid 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 20
]eading from Lockwood to Meltham as is situate between the northeast
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 25
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 ,vest Riding of the
county of York :
And whereas it is expedient that the said last recited Act should 30
be repealed, and that further and more effectual powers should be
granted in lieu thereof, but the purposes aforesaid cann(Jt 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 35
Excellent Majesty, by and with the advice and consent of the Lords
Spiritual and Temporal, and Commons, in this present Parliament
assembled, and by the authority of the same,
I. That
Tnt IAckwood and Meltham Turnpihe Road Act, 1852. 3
I. That upon the Thirty-first day of October next after the passing Repeal of existing
of this Act, the said recited Act of the sixth year of the reign of His Act.
Majesty King George the Fourth shall be repealed, and that this Act
shall thereafter be put into execution during the term and for the
5 purposes hereinafter mentioned.
II. That all rents, arrears of tolls, and other moneys due to, and Moneys and proall
choses in action, and all other real and personal property vested in ih:t~e~ ·r~:t:11.
or belonging to the Trustees under the Act hereby repealed, shall
immediately on the commencement of this Act be vested in and belong
I o to the Trustees for executing this Act, and such last-mentioned Trustees
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
15 engagements to which the Trustees under the said last-recited Act
were liable at the time of the repeal thereof.
I II. That all Her Majesty's justices of the peace acting-for the West Appointment of
R"d' f h f y k fi h . b . l . l eo· Trustees, 1 mg o t e. county o or or t e time emg, toget 1er wit 1 .--,1r .
George Armytage, baronet, Joseph Taylor Armitage, John Armitage,
20 James Green Armytage, ,vmiam Green Armytage, Benjamin North
Rockley Batty the younger, Richard Battye, Richard Henry Beaumont,
Richard William -Brook, George Henry Brook, Joseph Brook the
younger, Charles Brook of Healey House, William Brook, James Brook,
Alfred Brook, Charles John Brook, Arthur Brook, Charles Brook of
25 Meltham Mills, John Brooke of Armitage Bridge, John William Brooke,
Thomas Brooke, Thomas Brooke the younger, Edward Brooke, John
Brooke of Thornton Lodge, Robert John Bentley of Rotherham, Samuel
Green Beverley Bentley, Joseph Batley, Joseph Batley the younger,
James Bennett, William Batley, George Crosland, Thomas Pearson
30 Crosland, John Woodhead Crosland, Joeeph Crosland, Daniel Carter
of Lightcliffe, Thomas Dyson of Netherton, George Dyson, John Dyson
of Wood Nook, John Dyson of Huddersfield, Lee Dyson, Nathaniel
Dyson, Jonas Dyson, Thomas Dunderdale, John Dobson, John Richard
Dobson, John Dowgill, Joseph Eastwood, James Crosland Fenton, Edgar
35 Fenton, Thomas Firth, John Firth, Edward Fisher, James Green, John
Horsfall of Nottingham, John Haigh of Lascelles Hall, John Haigh
the younger, Edward Hardy of Birksgate, Joseph Hughes, clerk, Joseph
Hirst of Wilshaw, Richard Hirst, Richard Hinchliffe, William Horn,-
10. castle
Power to appoint
additional True•
tees.
First mM!ting of
Tl'Ultees.
Power to appoint
Co1UJDittees.
• 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, 5
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 \Villiam Roberts, Henry Stables, Walter Williams Stables,
Bentley Shaw, William Shaw of Wentbridge, Robert Shaw, Ebenezer 10
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 15
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 20
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 25
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 N ovemberOnethousand Eight hundred and 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 30
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- 35
ceed and act according to such appointment, but shall always be
accountable according to the instructions and regulations so to be
made.
VII. That
Tlie Lochwood and Me/tham Turnpike Road Act, 1852. 5
VII. That this Act shall be put into execution for the purpose of Roads to which
widening and improving the present Turnpike Road leading from the Act applicable.
Huddersfield and Woodhead Turnpike Road at Lockwood, in the
parish of Almondbury, in the "\Vest Riding of the county of York, to
5 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.
VIII. That notwithstanding the repeal of the said recited Act of Present tolls conh
· h f h · f tt· M · K" G h F h tinued for a term. t e s1xt year o t e reign o 1s aJesty mg eorge t e ourt ,
10 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 November
One thousand Eight hundred and Fifty-two.
IX. That upon and after the said Twenty-eighth day of No- Power to take
1 5 vember, One thousand Eight lmndred and Fifty-two it shall be lawful toll.a. -
for the Trustees to demand and take at the several and respective
toll-gates continued or hereafter to be erected on the said Roads any
tolls not exceeding the following; (that is to say),
For every horse or other beast drawing any coach, sociable, berlin, Tolls.
20 phaeton, landau, chariot, vis-a-vis, chaise, calash, chaise-marine,
curricle, chair, gig, whiskey, hearse, litter, stage-coach, caravan,
van, or other such carriage, the sum of Eight-pence :
For every horse or other beast drawing any waggon, cart, dray
or other such carriage, having the sole or bottom of the follies
25 of the wheels thereof of the breadth of Six inches or upwards,
the sum of Sixpence :
For every horse or other beast drawing any waggon, cart, dray
or other such carriage, having the sole or bottom of the fellies
of the wheels thereof of the breadth of Four-and-a-half inches,
30 and under Six inches, the sum of Seven-pence halfpenny :
For every horse or other beast drawing any waggon, cart, dray
or other such carriage, having the sole or bottom of the fellies
of the wheels thereof of less breadth than Four-and-a-half
inches, the sum of Nine-pence :
35 For every horse, mule or ass, laden or unladen, and not drawing,
the sum of Two-pence :
19. B
No more than
three full tolls to
be taken in one
day.
6 The Lockwood a,id 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. 5
For every drove of oxen, cows or ucat cattle, the sum of One
shilling and Eight-pence -per score, and so in proportion for
any less number :
For every drove of calves, swine, sheep or lambs, the sum of
Ten-pence per score, and so in proportion for any less number. 10
X. That no more than Three full tolls shall in any one day be
demanded or taken for or in respect of the same horse, mule, ass, or
other beast drawing any coach, chariot, chaise, waggon, cart or other
carriage, or for er in respect of the same horse, mule or a.as, <>t: other
beast or c.attle,. laden or unladen, and not drawing,. or for or in respect 15
of the same drove of oxea, neat catile. calves~ awine, sheep or lambs
passing Once along the line of the said roads.
To reAass once for XI. That if any person shall have paid such full toll in respect
each ull toll. of any sue.i. horse, b~t or cattle at any tC)Ugate· to be ereded Ol'. contiJlued
by vir.tue of this Act, such. aol'Be, beast or cattle shall be allowed 20
t.o repass Once for each such. payment, toll free, in die S&me day
through the. same tollgate, and aJ.sa through such otheE tellgate or
tollgates (if any,) as the ticket for such pa.yment shall free, oa, producfag
the note or ticket denoting such payment.
Stage-coaches, &c.
to pay every time
of passing.
XII. That the tolls hereby made payahle: f.or aoo ia respect of 25
horses or beasts drawing any stage coach, diligence, van or ca-na.van,
or other stage can:iage conv.eying passengers or goods for pay or
reward, shall be payable and paid eve11y time 8f passing or repassing
along the said. :coads, or eithev of them.
Post-chaises, &c. XIT'f. That the tolls hereby made payable for and in respect of 30
1
1° h1e11subject again horses or beasts let out to hire, an<l drawing any post-chaise or other o o on every
new hiring. carriage, shall be payable and paid every time of passing along the
said roads or either of them wlienever any new hiring thereof shall
talw plaoe.
XIV. That
The Lockwood and Meltl,am Turnpike Road Act, 1852. 1
XIV. That all carts and other carriages. drawn by One horse or One-horse carts
other beast, and having the sole or bottom of the fellies of the wheels ~dtti::~1~!fitro~
thereof of less breadth than Six inches, shall be liable to be weighed at overweight.
any weighing machine now erected, or which hereafter may be erected
5 upon or for the benefit of the said Roads, pursuant to the 11rovisions 6f
any Act now in force or hereafter to be passed in the same manner as
carts and othet carriages drawn by any greater number of hotses ot
other beasts arc now liable to be weighed by law, and the owners an:d
drivers thereof shall be liable to the same penalties· fot refusing to
10 soffer such catts and other carriages to be weig•hed, or for obstructing
the wheels being measured or gauged as the owners or drivers of c·atts
or other cartiages drawn by two or more horses are now liable by la:w,
and every such cart or other carriage drawn by One horse or other
beast, which together with the loading thereof shall ,teigh more than
15 Twenty-seven hundred weight in summer (to be computed from the
First day of May to the Thirty-first day of October) or than Twentyfive
hundred weight in Winter (to be computed from the First day of
November to the Thirtieth day of April) shall pay, and it shall be
lawful for the said Trustees (or any person empowered by them to
20 receive the tolls granted by this Act) to receive and take Sll'Ch and
f!he same additi'ona:l toll for over-weight as carts or other carriages
drawn by two or more horses or other beasts are liable to pay' by law.
XV. That in all cases in which thet·e shall be a· fractional part A halfpenny to be · . . taken in case of o. of a halfpenny m the amount of the tolls by this Act authorized to be fraction of a. half25
collected the sum of One halfpenny shall be payaUe in lieu of such penny in tolls.
fractional pan.
XVI. That whenever and so long as the interest upon, all e~stirig Mortgagees to
mortgages made under the powers of the said recited Act shall be duly take postsesfs_iotn fort . . . • . paymen o m eres pwd, at the rate heremafter mentioned, w1thm One calendar month next only.
30 after the same shall become due, no holder of any mortgage of the tolls
collected upon the said Roads shall be entitled to enter into possession
of the tollgates, tolihouses, or buildings upon the said Roads, or into
the receipt of the tolls arising thereon, or of the rent payable-upon any
letting of such tolls; and every mortgagee entering into possession: of
35 such tollgates, tollhouses, or buildings, or into the receipt of sueh• toll~
or rent, shall pay the interest from time to time becoming due, at the
rate hereinafter mentioned, upon all the said' existing mortgages, with~
out any priority or preference, and may also reimburse himself arty
Ill. costs
Arrears of intere1.1t on 418114 l. 7 s. 6 d.
extinguished.
8 The Lockwood and Meltlwm Turnpike Road Act, 1852.
costs to which he may be entitled; and every such mortgagee so
being in possession or receipt as aforesaid shall within Twenty-one
days next after each of the half-yearly days whereon the interest on
such existing mortgages shall be payable, render to the clerk to the
said Trustees for the time being a full and true account of his receipts 5
and expenditure while so in possession or receipt as aforesaid, with
proper vouchers for the same ; and if it shall appear by any such
account that the interest due, at the rate hereinafter mentioned, on such
mortgages up to the ast of such half-yearly days, and all such costs
as aforesaid, have been fully paid and satisfied, then such mortgagee I o
shall, when thereunto required by the said Trustees, pay over to
their treasurer the balance (if any) remaining in his hands and deliver
up possession of the said tollgates, tollhouses, and buildings,
and the receipt of the said tolls and of any such rent as aforesaid
to the said Trustees, or to any person appointed by them to re- 15
ceive the same, anything in this Act, or in any statute or law in
force relating to Turnpike Roads in England to the contrary notwithstanding.

XVIJ. That from and after the passing of this Act all claims and
demands in respect of arrears of interest due at the time of the 20
passing of this Act, on the said sum of Four thousand eight hundred
and ninety-four pounds Seven shillings and Sixpence, or any part
thereof, shall cease and determine.
Money not to be . XVII I. That ( except the said sum of Two hundred pounds by borrowed on credit • . . . of tolls without this Act authorized to be raised) 1t shall not be lawful for the Trustees 2.5
consent of Secretary
of State. to borrow any sum or sums of money on the credit of the tolls collected
and received by virtue of this Act or on any other security, or to
make any mortgage or give any security for arrears of interest,
purchase-money of land, or other moneys owing (except mortgages or
other securities for the said sum of Four thousand eight hundred and 3u
ninety-four pounds Seven shillings and Sixpence, without the consent in
writing of one of Her Majesty's principal Secretaries of State first obtained
; provided nevertheless, that a recital or statement of such consent,
which shall be inserted in any mortgage for securing any money so
borrowed shall, so far as respects any per~on claiming under such mort- 35
gage or any transfer thereof, be sufficient evidence of such consent; and in
case anysnch Trustees shall make any such mortgage with such recital or
statement therein without ha,·ing first obtained such consent, the Trustees
executing
The Lockwood and A,Jeltham Turnpihe &ad Act, 1852. 9
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
5 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 attoruey and
client.
XlX. That alJ moneys in the hands of the Trustees of the said Application of
recited Act of the si.Uh year of the reign of His Majesty' King George moneys.
10 the Fourth, and all monies to be collected or received· under or by
virtue of this Act (except the sum .. _of Two hundred pounds which
the Trustees ·are by this Act.authorized to borrow), shall be applied by
the Trustees in manner following ; · ( that is to say,)
In the first place, in paying all the costs, charges; and.expenses
15 of obtaining and passing this Aet, or inanywisc relating thereto:
Jn the second place, in defraying the expenses of maintaining
and keeping in repair· tollhouses, toll bars, and toll gates, and of
the management of the Roads, including therein the salaries of
clerks, treasurers, surveyors, and other officers, and all law and
20 other incidental costs and charges; such expenses not to exceed
. in the whole the sum or. Sixty pounds in any one year:
In the third place, in defraying the expenses (not exceeding
the sum of Two hundred pounds in any on,e year) of maintaining
and keeping in repair the said Roads:
~5 In the fourth 'place, in discharging the principal monies (not
exceeding the sum of Two hundred pounds) to be borrowed
unrlcr. the authority of this Act, · together with interest thereon,
at a rate iiot exceeding Five pounds per centutn per annum:
In the fifth place,· in keeping_ down the interest, at the l'ate of
30 Five pounds per ·centum per annum, on the said sum of One
thousand' pounds, part of the money borrowed on mortgage under
· the authority of the"said recited Acts, or one of them, or on so much
of the saHl sum· of One thousand pou·hds as ~liall from time to
time remain unpaid :
35 In the sixth plac~, in ~eeping down_ the interest, at the rate of
Four pounds per centum per annum, on the said sum of Five
19. C hundred
10 Tiu 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 5
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 thousand
eight hundred and ninety-four pounds Seven shillings and
Sixpence.
In the ninth place, in repaying the said principal sums of Five
hundred pounds and Four thousan<l eight hundred and ninety~four
pounds Seven shillings and Sixpence respectively.
10
Provi-~ed, that when the whole of the said principal sums shall have
been discharged, the Trustees may apply such further sum as may 15
from time to time be necessary, beyond the said sum of Two hundred
p,oun.ds, towards the improving, maintaining, and keeping in repair
the said Roads,_ and putting this Act into execution with reference
dw1:etQ.
P'lan,&c.de~ited XX. And whereas a plan, showing the intended widening as 20
at the office of the hereinbefore described of the said Road and the lands and heredita- clerk of the peace, · ' '
to remain there ments in or through which the same is intended to pass, or be made, :~:t::n~pen to together with a book of reference thereto, containing the names of the
owners, or reputed owners, and occupiers of such lands and hereditaments,
has been deposited at the office of the clerk of the peace for the 25
West Riding of the county of York : Be it therefore enacted, that
the said plan and book of reference shall remain in the custody of the
clerk of the peace for the said riding, to the end that all persons may,
at all seasonable times, inspect and peruse the same, and have copies
thereof, or extracts therefrom, paying to the said clerk of the peace the 30
sum of One shilling for every such inspection, and at the rate of Sixpence
for every One hundred words of such copies or extracts,. and
the said plan and book of reference, or any copy thereof respectively,
or of any part thereof respectively, certified by the said clerk of the
peace or his deputy for the time being to be a true copy thereof shall 35
be good evidence in all courts of law or elsewhere.
XXI. That
The Lochwood and 111eltham Turnpihe Road Act, 1852. 11
XXI. That it shall be lawful for the Trustees (by means of the Power to widen
money to be borrowed under the authority of this Act) to widen the Road.
portion of the Road hereinbefore described, as delineated in the said
plan, and for such purpose to take possession of the lands and heredita5
meuts 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 sustain
thereby; and it shall be lawful for the said Trustees, and for
10 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 surveyors
shall think necessary or expedient.
XXII. That the Trustees in widening the said road as aforesaid, Trustees not to
15 shall not deviate from the line described in the said plan without the deviate from plan.
consent in writing of the owner and oc~upier of the lands through
which any such deviation would be made.
XXIII. That in case the Trustees shall not within the space of Limiting time for
Three years from the commencement of this Act pay for the lands chompulfso1rydpur- c ase o an s.
20 which they are by this Act authorized to take, then and from thenceforth
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 purposes
of this Act, cease and be utterly void unless with the consent of
25 the owners and occupiers of such lands respectively.
XXIV. That it shall be lawful for the Trustees (for the purpose Power to borrow
of widening the portion of the Road hereinbefore described) to borrow money.
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
30 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
assignments thereof to be in the form prescribed by the Acts now in
being for regulating Turnpike Roads in England.
35 XXV. That after the said principal sum of One thousand pounds A• to mode of
shall have been paid off and discharged, then when and so often as discharging debt.
19. D the
No tolls to be
takeb, oi' any .
money laid •lit in
any to\YD,
12 The Lockwood and Melt/mm Turnpike Road Act, 1852.
the sum applic~ble to the discharge of the pttncipal moneys for the
time being owing on the credit of the said tolls !hall amount to the
sum of Two hundred poundst the Trusteel!l shall nt ant general annual
or other tneetiug apply euch suin 1n the payment of a proportionate
part of the said priMipal moneys to the tJersons entitled thereto, and 5
shall Twenty-eight days et le~t 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 newspapet published in the West Riding of the county of York,
or if there shall be no newepaper published therein, then tn some to
newspaper published in an adjoining county; and at such meeting
the Trustees shall apply such sum, or a portion thereof (as the case
may require), in or toward~ the discharge of monies owing on the
security of the said tolls to the creditor who shall by proposal in
writing, transmitted to the clerk of the Trustees before such meeting, 15
have offered to accept the lowest composition in respect of such
tnoneys, and after payment to such creditor as aroresaid, shall apply
the surplus (if any) of such sum, or a portion thereof (as the case ruay
rcquirt:), in or towards the discharge of other moneys owing on the
security of the said tolls, to the creditor who by proposal as aforesaid 20
shall have offered to accept the next lowest composition in respect of
the principal moneys dYe to him, and so in like manner until the sum
applicable to such payments shall be exhausted ; and if and whenever
Two or more creditors by such proposal as aforesaid shall have offered
to accept an eq11al rate of composition, it shall be lawful for the 25
Trustees to determine by Jot the preference between or amongst such
creditors, or to pay such composition rateably between or amongst
such creditors, as the Trustees think fit ; and if there be no such proposal
as aforesaid, or if there be any surpl1ls of the sum applicable to
such payments afte, applying the same so far as may be necessary iu 30
or towards the discharge of the moneys to which any. such proposals
relate~ the Trustees may apply the sum applicable to such payments,
or the .surplus thereof {as the case may be), rateably amongst the
creditors on the said tolll3, 0r may pay the same to such of them as
may be determined by lot, as the Trustees think fit.
XXVI. That no money shall be laid out on the said Roads within
the limits of any A~t of Pa:tlia.ment passed for the improvement of any
town, ttor shall any roUs be collected thereon.
XXVII. That
35
The Lockwood and Meltkam Turnpike Road Act, 1852. 13
XXVII. That nothing herein contained shall be deemed to exempt
the said Roads from the provisions of any General Act relating to the
consolidation or other improved arrangement of turnpike roads which
may pass during the present or any future Session of Parliament, or
5 from the provisions of any such Act now in force, except so far as any
such last-mentioned provisions ~ay be expressly varied by this Act.
Roads not exempted
from
General 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
1 o Session of Parliament which shall then next folJow.
XXIX. That in this Act the following words and expressions shall Interpretation
have the several meanings hereby assigned to them, unless there be clause.
something in the subject or context repugnant to such construction ;
(that is to say,) the.expression" the trustees" or "the said trustees," The trustees.
15 shall mean. the. ~ustees for the time being acting in execution of this
Act; the expression " the said roads" shall mean the said turnpike The said roads.
road. leading from Lockwood to Meltham, and the said branch of
road to Meltham Mills; the word "Tollgate" shall mean any tollgate, Tollgate.
turnpike, bar, or chain set up and erected, or to be set up and erected
20 upon or across, or by the side of the said roads, or across any highway
or lane communicating therewith.
XXX. That in citing this Act in other Acts of Parliament, and Short Title.
in legal instruments, and in all proceedings whatsoever, it shall be
sufficient to use the expression "The Lockwood and Meltham Tum pike
25 Road Act, 1852.''
LONDON:
l'rlnted hy Henry Hanaanl, near Lincoln'a-Ian Field,.
THE LOCK\VOOD AND MELTHAM
ACT, 1852.
AN
A C T
TO
Repeal an Act passed in the Sixth Year of the
Reign of King George the Fourth, intituled, u An
Act for Amending, Improving, and Maintaining
the ROAD from LOCKWOOD to MELTHAH, and
the Branch of ROAD to Meltham Mills, all in
the Parish of ALHONDBURY, in the West Riding
of the County of Yon E,'' and for the Widening
and better Maintaining and Repairing the said
Road, and for other Purposes.
[RoYAL AssENT, 28 Moy 1852.]
16 Vict.-Ses&ion 1852.
Penton, Jones '-1' Ra!Jner,
Huddersfield.
Pritt, Sherwood, Venables 4' Grubbe,
Parliamentary Agents,
7, Great George-street.

Lockwood and Meltham Turnpike Road Act of 1852

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