I. Statutes repealed. Stat. 3 Geo. IV. c. 126, intituled "An Act to amend the general laws now in being for regulating turnpike roads, in that part of Great Britain called England," (passed 6th August, 1822), sect. 1, enacts, "That from and after the 1st day of January, 1823, the following acts, viz. 13 Geo. III. c. 84. 14 Geo. III. c. 14. 14 Geo. III. c. 36. 14 Geo. III. c. 57. 14 Geo. III. c. 82. 16 Geo. III. c. 39. 16 Geo. III. c. 44. 25 Geo. III. c. 57. shall be, and the same are hereby repealed." Sect. 3. "Nothing herein contained shall extend, or be deemed or construed to extend, to prevent the suing for and recovery of any peBalty incurred by any offence committed against the provisions of the said hereinbefore recited acts or any of them, previous to the repeal of the said acts in and by this act, or to prevent or defeat any prosecution commenced or to be brought for such offence, but all penalties incurred may be sued for, and all encroachments, nuisances, and other offences made or committed previous to the repeal of the said acts, against the rovisions of the said recited acts, or any of them, may be abated or prosecuted in the same manner to all intents and purposes as if this act ad not been passed.” IL Provisions of certain Acts extended to all Local Turn- By 4 Geo. IV. c. 95, s. 88, "All the powers, authorities, provisions, Powers of 3 Geo. 4, regulations, privileges, penalties, forfeitures, clauses, restrictions, mat- c. 126, to extend ters, and things whatsoever, contained in the said recited act, [3 Geo. to 4 Geo. 4, c. 95. IV. c. 126], so far as the same are not expressly altered or repealed by this act, shall extend, and be construed to extend, to operate and be in force with respect to this act, and shall be applied and put in execution, as fully and effectually to all intents and purposes, as if the same were (a) See ante, 642, the definition of a turnpike road. (b) See R. v. Trustees of Great Doer-street Road, 5 Ad. & El. 693, where several of the provisions in the local act were inconsistent with the enactments of this act; and it was held, that these latter enactments were to be ap- Powers of above acts to extend to 3. Exceptions repeated and re-enacted in the body of this act, and were made part from operation thereof; and the said recited act and this act shall, as to all matters of acts. and things whatsoever, (except as aforesaid), be considered as one act." By 7 & 8 Geo. IV. c. 24, s. 20, "All the powers, authorities, clauses, provisions, penalties, forfeitures, matters, and things contained in the 7 & 8 Geo. 4, c. 24. said acts of the third and fourth years of the reign of his present Majesty, shall, so far as the same are not altered or varied by this present act, extend, and be construed to extend to this act, and shall be ap plied and put in execution as fully and effectually, to all intents and purposes, as if the same were repeated and re-enacted in the body of this act, and made part thereof." Powers of above acts to extend to 9 Geo. 4, c. 77. 9 Geo. 4, c. 77, to extend to all local acts. Acts not to be recited unless for purpose of being altered. Powers of general turnpike acts extended to certain other acts. 3 Geo. 4, c. 126, not to extend to By 9 Geo. IV. c. 77, s. 19, "All the powers, authorities, clauses, provisions, penalties, matters, and things contained in the said acts of the third, fourth, and seventh and eighth years of the reign of his present Majesty, (save and except such parts thereof respectively as are varied altered, or repealed), shall extend and be construed to extend to this act; and all the powers, authorities, clauses, penalties, forfeitures, matters and things contained in the said acts of the third, fourth, and seventh and eighth years of the reign of his present Majesty; (except such parts thereof respectively as are varied, altered, or repealed); and all the powers, authorities, clauses, provisions, penalties, matters, and things contained in this act, shall extend and be construed to extend t every local turnpike act, and shall be applied and put in execution fully and effectually, to all intents and purposes, as if the same were repeated and re-enacted in the body of such local turnpike act, and were made part thereof; and that the said recited acts and this act sha not be recited in any such local turnpike act, save and except as to such powers, authorities, clauses, provisions, penalties, matters, and this as shall be expressly referred to for the purpose of being varied, altered, or repealed by any such local turnpike act.' See 1 & 2 Will. IV. c. 25, s. 3, post, 722; and 4 & 5 Vict. c. 33, s. 2 post, 726, as to the powers of the General Turnpike Acts being ertended to these acts. III. Exceptions from Operation of Acts. By 3 Geo. IV. c. 126, s. 149, "Nothing in this act contained extend or be construed, adjudged, deemed or taken to extend to turnpike road, called the Commercial Road, or the several branch road from and out leading from and out of the same, authorized to be made, repaired, and Commercial Road, and branches of of same, authorized to be male and repaired by the 43, 44, 46, 49, and 51 Geo. 3. Nor to 56 Geo. 3, c. 83, for improv ing the road from Glasgow to Carlisle, or &c. maintained under and by virtue of five several acts of Parliament made and passed in the forty-third, forty-fourth, forty-sixth, forty-nin and fifty-first years of the reign of his late Majesty King George the Third, for making and maintaining the roads communicating with the West and East India Docks, and for repairing the Cannon Street Road, and for making and maintaining a new road to Barking, and a rol from the Rumford and Whitechapel Road to Tilbury Fort, in the counties of Middlesex and Essex, and also for making a new branch of road from King David Lane, Shadwell, to the Essex road at Mile End, in the county of Middlesex; or to affect, encroach upon, vary, alter, or interfere with any of the tolls, weights, or duties created by virtue of the said acts or any of them, or any of the powers and authorities given to or vested in the trustees acting under or by virtue of the said acts, or any or either of them." (See post, 649, 650). Sect. 150. "Nothing herein contained shall be deemed, construed, or taken to extend to an act passed in the fifty-sixth year of the reign of his late Majesty King George the Third, intituled, An Act for impro ing the road from the city of Glasgow to the city of Carlisle, or to three everal acts amending the same, passed in the fifty-eighth and fifty ninth years of the reign of his said late Majesty, and in the first and 3. Exceptions second years of the reign of his present Majesty (a)." from operation of acts. Stat. 4 Geo. IV. c. 95, s. 90, enacts, "Nothing in the said recited act, [3 Geo. IV. c. 126], or this act contained, shall extend or be construed Nor to certain to extend to any road or roads not under the care and management of other roads. trustees or commissioners, or to any road or roads which shall be made, maintained, or supported under the provisions of any act or acts of Parliament passed for an unlimited period, notwithstanding tolls may be collected on such roads, or shall extend to affect, alter, or interfere with the qualifications of any commissioners or other persons having the care and management of any such last-mentioned roads, or with any tolls taken, or weights carried thereon, or in any other manner therewith." These roads are still turnpike roads. (Northam Bridge and Roads Company v. The London and Southampton Railway Company, 6 M. & W. 428). See ante, 642, n., what is a turnpike road. Sect. 91. "Nothing in the said recited act of the third year of the reign of his present Majesty, or in this act contained, shall extend, or be deemed, construed, or taken to extend to an act passed in the fiftyninth year of the reign of his late Majesty, intituled, An Act for vesting in commissioners the line of road from Shrewsbury, in the county of Salop, to Bangor Ferry, in the county of Carnarvon, and for discharging the trustees under several acts of the seventeenth, twenty-eighth, thirtysixth, forty-first, forty-second, forty-seventh, and fiftieth years of his present Majesty, from the future repair and maintenance thereof, and for altering and repealing so much of the said acts as affects the said line of road; nor to an act passed in the same year, intituled, An Act to mend an act passed in the fifty-fifth year of the reign of his present Majesty, for granting to his Majesty the sum of twenty thousand pounds cards repairing roads between London and Holyhead by Chester, and etween London and Bangor by Shrewsbury, and for giving additional orters to the commissioners therein named, to build a bridge over the Menai Straits, and to make a new road from Bangor Ferry to Holyhead, in the county of Anglesea; nor to any road or roads repaired, mainained, and supported under the powers and provisions of the said two ast-mentioned acts." (See 6 & 7 Will. IV. c. 35). Sect. 92. "Nothing in this act contained shall extend, or be contrued, adjudged, deemed, or taken to extend to the turnpike road alled the Commercial Road, or the several branches leading from and out of the same, authorized to be made, repaired, and maintained ander and by virtue of five several acts of Parliament, made and passed in the forty-third, forty-fourth, forty-sixth, forty-ninth, and fifty-first Fears of the reign of his late Majesty King George the Third, for makng and maintaining the roads communicating with the West and East ndia Docks, and for repairing the Cannon Street Road, and for making and maintaining a new road to Barking, and a road from the Romford and Whitechapel Road to Tilbury Fort, in the counties of Middlesex nd Essex, and also for making a new branch of road from King David Lane, Shadwell, to the Essex road at Mile End, in the county of Middlesex, or to affect, encroach upon, vary, alter, or interfere with any of the tolls, weights, or duties created by virtue of the said acts or any a) But by the 4 Geo. IV. c. 95, s. 93, "So much of the turnpike road from Carlisle to Glasgow as lies in the eunty of Cumberland, shall, from and after the passing of this act, be subject to the regulations, powers, and provisons of the said act passed in the third year of the reign of his present Majesty, [3 Geo. IV. c. 126], and this act, so far as the same respects nuisances, 4. Explana tion of words in acts. 9 Geo. 4, c 77, not mercial Road, (9 Geo. 4, c. 112), or the road from Glasgow to Carlisle, (56 Geo. 3, c. 83; 58 Geo. 3, c. 44; 59 Geo. 3, c. 127). of them, or any of the powers and authorities given to or vested in the trustees acting under or by virtue of the said acts, or any or either of them." (See 3 Geo. IV. c. 126, s. 149; ante, 648; and ride, infra). By 9 Geo. IV. c. 77, s. 20, "Nothing in this act or in the said recited to extend to Com- acts contained, shall extend or be construed, adjudged, deemed or taken to extend to the turnpike road called the Commercial Road, or the several branches leading from and out of the same, authorized to be made, repaired, and maintained under and by virtue of an act passed in this session of Parliament, intituled, 'An Act for more effectually repair c. 90; 1 & 2 Geo. 4, ing and improving the several roads called the Cannon Street Road, th Commercial Road, the Horseferry Branch of Road, the East India Ind Road, the Barking Road, and the Shadwell and Mile End Branch Road, in the counties of Middlesex and Essex; and for laying d stoneway on the said Commercial, East India Dock, and Barking Run or to affect, encroach upon, vary, alter, or interfere with any tolls, weights, or duties created by virtue of such act, or any powers and authorities given to or vested in the trustees acting s or by virtue of such act; nor shall extend or be deemed, coITAL taken to exend to an act passed in the fifty-sixth year of the his said late Majesty, intituled, An Act for improving the roa the city of Glasgow to the city of Carlisle,' or to three several acts as a ing the same, passed in the fifty-eighth and fifty-ninth years reign of his said late Majesty, and in the first and second years reign of his present Majesty." (See ante, 648). What shall be deemed the road (a). What the centre (b). No encroachment to be made on waste lands lying on side of road. What a day. Trustees. 6 IV. Explanation of Words in Acts. Stat. 3 Geo. IV. c. 126, s. 124, after reciting that "Doubts may as to what is to be deemed the road, or the centre of the road," the "That where, in this or any other act of Parliament relating to la pike roads, any matter or thing is directed or forbidden to be within a certain distance of the centre of the road, that portion of gr shall be deemed and taken to be the road which has been maira by the trustees or commissioners as hard road, and repaired with gravel, or other materials used in forming roads, for six months diately preceding any offence committed against such regulati the centre of the road shall be the middle of such hard road, A day, for the purposes of all local turnpike acts, is computed twelve o'clock at night to twelve o'clock the next succeeding This definition refers to the taking of tolls. (See the 9 Geo. IV. s. 16, post, 708). By 7 & 8 Geo. IV. c. 24, s. 19, "The word trustees in the said acts [3 Geo. IV. c. 126; 4 Geo. IV. c. 95], or any of them, or act, shall be deemed and construed to extend to all or any of the (a) The term road means a surface. over which the public have a right to pass. (R. v. Commissioners of Llandilo District, 2 T. R. 232). 5. Trustees. tees or commissioners appointed for the execution of any act or acts for See the interpretation clause of the Highway Act, ante, 514. 1. As to who are, their Qualification and Oaths, p. 651. 2. As to when they are disqualified from acting, from Interest, or being Victuallers or Lessees of Tolls, &c. p. 654. 3. Of the Prohibitions against their holding Offices of Profit, or being concerned in certain Contracts, p. 656. 4. Of the Property vested in them, p. 657. 5. Of their Powers in general, p. 658. 6. Of when their Meetings, are to be held; Proceedings at, &c. p. 659. 7. Of the Books of Account to be kept, and what to be entered therein, &c. p. 661. 8. Of their Annual Statements of Debts, &c., being made out, and laid before Secretary of State, &c. p. 663. 9. Of their Personal Liability, p. 665. 10. Of Actions by and against them, &c. p. 668. 1. TRUSTEES, THEIR QUALIFICATION AND OATHS. The appointment of trustees is always made according to the local rnpike act. But they must also be qualified, according to the terms ontained in the following general enactments: any Division of subject. to be trustees. By 3 Geo. IV. c. 126, s. 61, "All his Majesty's justices of the peace Justices of peace or the time being acting for the county or counties through which urnpike road now does or hereafter shall pass, shall be added to and oined with the trustees or commissioners for making, repairing, or naintaining every such turnpike road, and shall, on qualifying themelves as hereafter mentioned, have all the same powers and authorities, all intents and purposes, as if the said justices had severally been amed or elected trustees or commissioners in or under any act or acts f Parliament under which such roads shall be made, repaired, or maintained." By 4 Geo. IV. c. 95, s. 34, "Nothing in the said recited act, [3 Geo. IV. 126], or in this or any other act contained, shall extend or be contrued to extend so as to require any justice of the peace acting for any ounty to take or subscribe any oath of qualification before he shall act 35 trustee in the execution of any act or acts for making, repairing, or Caintaining any turnpike road." And by 5 Geo. IV. c. 69, after reciting the titles of stats. 3 Geo. IV. e. 126, 4 Geo. IV. c. 95, and sect. 61 of stat. 3 Geo. IV. c. 126, (supra), and "that it is expedient that his Majesty's justices of the peace acting for any riding, division, or soke, should also be enabled to act as trusees (a) for the repair of turnpike roads," it is enacted, "That from and (a) The word "trustees" comprehends commissioners. (7 & 8 Geo. IV. c. 24, 19, supra). Oath of qualifica tion as trustees not required from justices. Justices acting for sions, &c., through which roads pass, shall have the like ridings or divi powers for making |