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usual) place of abode of”] A. B., of — , the owner [or, “ the known agent of the noner," or, " the occupier"] of certain lands and premises, situate at , being a arish ["hamlet,"or,"place") within the county and (hundred]aforesaid, and in which
part of the said turnpike road lies or is situate, (or, “ being an adjoining parish " hamlet," or, "place"] to the said turnpike road”] (the said land and premises not leing a garden, yard, park, paddock, planted walk or avenue to any house, or piece of reund planted and set apart as a nursery for trees), to appear before us to shew ause why materials for making or repairing the said turnpike road should not be had mnd taken out of and from the said lana's and premises, according to the directions of an art passed in the third year of the reign of his late Majesty King George the Fourth, for regulating turnpike roads. And whereas the said A. B. hath attended by G. H. his agent], pursuant to such notice, but hath not shewn sufficient cause to the contrary, [or, “ hath neglected and refused to appear by himself (or, “herself,"] or his (Or," her,"] agent, pursuant to the said notice, the service of which upon the said A. B. hath been duly proved on oath"]: We do therefore, after hearing what has been alleged, and duly considering the premises, think it proper to order, and do hereby prder and authorize the said A. S. as such surveyor as aforesaid, to dig, get, gather, lake, and carry away such materials for the purposes as aforesaid, out of and from the said lands and premises of [or," occupied by''] the said A. B., at any time or imes between the day of , and the day of — , according to the directions and subject to the restrictions of the said act.
Giten under our hands and seals, the day of — , in the year of our Lord one thousand eight hundred and
J. P. (l. s.) To A. S., and all others whom it may concern.
J. P. (L, s.)
(81). Order of trustees for reducing the tolls (a).
V. FORMS AS TO TOLLS. At a meeting of the trustees of the turnpike roads, under an act passed in the — wear of the reign of King — the — , "For" fc. [state the principal part of the title of the act], held at — the day of —
We, whose names are subscribed, being — or more of the trustees acting under the said act, being now assembled for reducing the tolls authorized to be taken by and under the said act, pursuant to public notice given for that purpose in the — newsmapers circulated in this part of the county, and also affired upon all the turnpike Eales erected upon the said lurnpike road, for upwards of one calendar month now east past, and having the consent of the several persons entitled to five-sixth parts of he money now remaining due upon the credit of the suid tolls, this day signified and areeed to us, do hereby order, that the tolls granted by the said act shall, from and fter the day of — , be lessened and reduced in the following manner (here tate the several reductions proposed to be made.]
Notice is hereby given that the tolls arising at the toll gate (or, “ toll gates," if (82). Notice of more than one], upon the turnpike road at — , called or known by the name of letting tolls (b). de gate, will be let by auction to the best bidder at the house of — , at
the day of — next, between the hours of — and — in the manner irected by the act passed in the third year of the reign of his late Majesty King Feorge the Fourth, for regulating turnpike roads, which tolls produced the last year he sum of £— above the expenses of collecting them, and will be put up at that sum; hoever happens to be the best bidder, must, at the same time, pay one month in admince (if required) of the rent at which such tolls may be let, and give security, with ufficient sureties, to the satisfaction of the trustees of the said turnpike road, for pay. ment of the rest of the money monthly (or in such other proportions as shall be irected.]
(a) The 3 Geo. IV. c. 126, gives this orn. See ante, 729.
(6) The 3 Geo. IV. c. 126, gives this form. See ante, 735.
(83). Notice for letting tolls in lots (a).
Notice is hereby given, that the tolls arising at the several tell gales upes that turnpike road at — , called or known by the name of 1. — gate, B. — geis, fc., will be let by auction to the best bidders, at the house of — , et —, et
day of — nert, between the hours of — and — , in the manner directa by the acts passed in the third and fourth years of the reign of his late Majesty King George the Fourth, for regulating turnpike roads, which tolls produced the last yes the sum of £- above the expenses of collecting them.
N. B. These tolls will be let in parcels or lots, and each parcel or lot will be ma up at such sum as the trustees shall think fit.
*** Whoever happen to be the best bidders must respectively give security, cü sufficient sureties to the satisfaction of the trustees of the said turnpike road, far para ment of the rent at which such tolls shall be let monthly, (or in such other proper tions as shall be directed.]
(84). Contracts for letting tolls (a).
At a meeting of the trustees [or, “commissioners'] of the turnpike road, onder a act passed in the year of the reign of his Majesty King , "For," [state tu? title of the act], — held at — the —- day of — ,184, by public statt and advertisement duly given for the purpose of letting to farm the toils of the ster), gates erected upon the said turnpike roads in the manner directed by an act passe in the third year of the reign of his late Majesty King George the Fourth, and eastern act passed in the fourth year of the reign of his said Majesty, for regulating turepike roads.
CONDITIONS OF LETTING. 1. That the said tolls shall be put up at the sum of — [or, "shall be pat sp* parcels or lots, at the following sum [or, “sums"], viz. Lot 1, 4. bar, at I , 2, B. bar, at £- fc., being the sum [or, "sums") which they produced the point ceding year."]
2. T'hat the last or the highest bidder [or, “bidders"), above the said se " respective sums"], to be declared and determined in the manner directed by the said act of the third year of his Majesty's reign, shall be the farmer er rendere *** said tolls for the term of years, from the day of —
3. That the rent shall be paid to the trustees [or, " commissioners" ] [ the 1950 turnpike road for the time being, or their treasurer, or such other person or persons they shall appoint, by thirteen equal monthly payments, at the end of mach sattesta period of four weeks, (or as the case may be], without any deduclion; the first pay ment to be made on the day of — .
4. That the taker or renter shall perform, &c. (see the quotation withia isrentes commas in the next precedent, or insert any other condition which the con..5sioners may direct.]
5. That the last or highest bidder shall enter into a proper agreement for the tal ing thereof, and paying the money at the times above specified, with ene 01,". sufficient sureties to the satisfaction of the trustees [or, “commissioners"), jo ment of such money, and under the conditions, and in the manner herein directed can stipulated for that purpose.
6. That if the lasi bidder (or, “bidders"] shall not forthwith enter into agreement, or shall refuse to perform these conditions, it shall and may be laxtala and for the trustees (or, “commissioners'] of the said turnpike road, to put up the said tolls again immediately, or at any time afterwards, and to re-let the same, no such bidding had been made. In which case the deposit money (if any) skal forfeited, and any deficiency on such subsequent letting shall be made good by the defaulter at the present letting, and be recoverable as and for liquidated damages.
MEMORANDUM. E. F., of — , having become the highest or last bidder for the above-mentioned tolls (or, the first lot, &c.], and duly declared the farmer or renter of the same, at der sum of — for (one) year from the day of , and having produced G. H., 5 - , and I. K. of , as his sureties for the purpose above mentioned, the truster [or, “commissioners”] of the said turnpike road, (in pursuance of the power and
(a) See form, Bateman's Turnpike Acts; and see ante, 735, 737.
authority given to, or vested in them in and by the above-mentioned acts, or some or one of them, and of all other powers and authorities enabling them in this behalf), have contracted and agreed, and do hereby contract and agree with the said E. F. to let, and the said E. F. doth hereby agree to take, the said tolls, and all and every the said gates (comprised in Lot 1, &c.], for the term of (one) year from the day of — , at the yearly rent of - , payable as aforesaid, and under and subject to the conditions, stipulations, and agreements hereinbefore contained. And the said P. F., as farmer or renter of the said tolls, and the said G. H. and I. K. as his sure. ties, do hereby severally promise, undertake, and agree to and with the trustees, [or, "commissioners") of the said turnpike road, that he the said E. F. his executors or administrators, shall and will well and truly pay or cause to be paid the said yearly rent or sum of — , at the times and in the proportions and manner hereinbefore limited and appointed for that purpose, and perform, fulfil, and keep all and singular the conditions, restrictions, and agreements hereinbefore contained, and which, on the part of the highest or last bidder, farmer, or renter of the said tolls, are or ought to be performed.
Witness the hands of A. B. and C. D. — of the trustees [or, “commissioners”] of the said turnpike road; and of the said E. F., G. H., and I. K., the day and year, and at the place first above written.
A. B., C. D., E. F., G. H., I. K. N. B. This agreement, if signed by two trustees, or by the clerk (a) or treasurer, and the lessee or farmer, and bis sureties, is declared to be valid, although not by deed under seal. (See ante, 737).
This indenture, made the day of — , in the year of the reign of our (85). Lease of sorereign lady Victoria, and in the year of our Lord one thousand eight hundred and (b). - between A. B., C. D., &c., being — of the trustees, (or "commissioners"], appointed by or under a certain act of Parliament, made and passed in the year of the reign of his Majesty — , intituled, An Act, &c. [set forth the title of the local act of the one part; and E. F., of — , G, H., of — , and I. K., of — , of the other part. Whereas, at a meeting of the trustees of the said turnpike road, held at the house of — , in — , in the said [county, fc.], on the day of — , by public notice and advertisement duly given, for the purpose of letting to farm the tolls of the several gates erected upon the said turnpike road, [or," the tolls herein. after mentioned"], in the manner directed by an act passed in the third year of the orign of his late Majesty 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, and also by an act passed in the fourth year of the reign of bis said Majesty, intituled, An Act, (set forth the title of this act], the said E. Ė. became the highest or last bidder for the same, at the yearly rent of — , and was accordingly declared the farmer or renter thereof for the term of — year from the day of — [And whereas the said G. H. and I. K. have, at the request of the said E. F., and in order to satisfy the conditions of letting the said tolls, agreed to become parties to these presents, and to enter as surelies along with him the said E. P. for payment of the yearly rent, and for the performance of the covesants and agreements hereinafter reserved and contained.] Now this indenture witleseeth, thal, for and in consideration of the rent hereinafler reserved, and of the wenants and agreements hereinafter contained on the part and behalf of the said 8. F., G. H., und 1. K., their respective executors and administrators, to be paid, done, and performed, they the said A. B., C. D., fc., in pursuance and erercise of the power and authority given to or vested in them, in and by the said several recited sels, or any or either of them, and of all other power or powers, authority and authorilies, in any wise enabling them in this behalf, have demised, leased, and to farm let, and by these presents do demise, lease, and to farm let unto the said E. F. his execulers and administrators, all and sirgular the tolls of the several gates erected upon the Szid turnpihe road, and also the said several gates [or, "of the gate"] situate at
- [and at the side gate or side bar at — ], [and also at the weighing engine trected upon or near the said turnpike road at - (or as the case may be)]. wilh fall power and authority for him the said E. F., his executors and administrators, and suck person or persons as he or they shall authorize or appoint, to collect and receive the said tolls, according and subject to the provisions and restrictions of the said seve
(a) See ante, 738. () See this form, Bateman's Turnpike Acts; and ante, 735 to 739.
ral acts, or any or either of them, and under and subject to suck rules, orders, redac
(a) See ante, 736, n. (a), and 737, (6) See Lee v. Nixon, 2 Ner... n. (c).
44]; I Ad. & EN. 201, S. C. ante, 735, 21. Forms.
that, at the expiration or other sooner determination of the said term of (one) year,
A. B. (L. s.)
E. F. (L. S.)
See the forms as to mortgages of tolls prescribed by the act, ante, 739, 740.
(86). Mortgage of tolls.
Notice is hereby given, that the trustees of the turnpike roads, under an act passed (871. Notice of in the year of the reign of King - the - for [state the material parts meeting of trustees
for ordering a side of the title of the act], will meet at the house of , at , on the day of gate to be
- next, at the hour of — , in the noon, in order to consult about erecting a toll erected (a).
Clerk lo the said Irustees. We, A. B., &c. being the trustees of a turnpike road, leading from 10 - (88). Order of under an act passed in the year of the reign of his late Majesty King — ,
trustees for erectintituled, An Act [title of local act], assemoled at a special meeting, held at fc., &c. (6).
ing turnpike gates, on $c., for the purpose of making this order and ordering and directing as hereinafter mentioned, of which meeting public notice, specifying the time and place, and the purpose thereof, has been given in a certain newspaper, to wil, a newspaper called the published and circulaled in the county [or, “ counties"], through which the said turnpike road passes, and also by affiring a copy of such notice on all the turnpikes, toll-gates, and side-bars which are now standing on the said road, fourteen days previously to such meeting, do, at the said meeting, judge it necessary, and there being nothing in any local act provided to the contrary, at the said meeting, order and direct, by this order, in writing, signed by three of the said trustees present at the said meeting, that there be forthwith erected and built in, upon, and across the said turnpike road, and upon the sides thereof, the toll gates, turzpikes, side-bars, and chains hereafter mentioned, with toll-houses, outhouses, and Olher conveniences thereto, in the places and manner hereinafler mentioned, that is to say, --one toll-gate or turnpike upon and across the said turnpike road, at a place called — with one toll-house, suitable outhouses, and other conveniences thereto, upon the side of the said turnpike road and toll-gate adjoining to land now in the lenure or occupation of one — the said toll-house, outhouses, and other conveniences not to be built upon or to cover more than — square feet of ground. One side-bar upon the side of the said turnpike road, near a place called – across a certain highway there, leading from to , with one toll-house, suitable Duthouses, and other conveniences thereto, adjoining the said side-bar upon the side of the said turnpike road, abulting upon land in the occupation of the said Foll-house, last-mentioned outhouses, and other conveniences, not to be built upon or to cover more than ~ square feet of ground. [Let the above description of he place and manner in which the turnpikes, &c. are to be placed, agree with Ebe facts.] And the said trustees, at the said meeting, do also, by this order in
riting, order, direct, and appoint, that there shall be taken in and enclosed, on the mides of the said turnpike road, suitable garden spots for each of such toll-houses, that
to say, for the said first-mentioned loll-house, there shall be taken in and enclosed
piece of ground containing — square yards, to be bounded fc., [giving a Description of the land to be taken in), and for the toll-house secondly above mentoned, a piece of land containing - square yards, bounded &c. Dated the Fay of — , A.D. 18—,
(Signed) — (c). (@) See ante, 731 ; and 3 Geo. IV. (c) To be signed by three of the trus- 126, sch. No. 4.
tees who were at the meeting. See ante, (b) See ante, 731; and 3 Geo. IV. 731. -. 126, sch. No. 5. Vol. III,
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