Turnpike Roads (Scotland) Act 1831
| Jurisdiction | UK Non-devolved |
| Citation | 1831 c. 43 |
| Year | 1831 |
(1 & 2 Will. 4) C A P. XLIII.
[15th October 1831]
'WHEREAS an Act was passed in the Fourth Year of the Reign of His late Majesty KingGeorge the Fourth, intituledAn Act for regulating Turnpike Roads in that Part of Great Britain called Scotland: And whereas Experience has shown that the said Act may be amended in various Particulars: And whereas it is expedient that farther Regulations should be made, and that all the Public General Actsof Parliament concerning Turnpike Roads inScotland should be consolidated in One Act;' be it therefore enacted by the King's most 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, That the said recited Act, as also an Act passed in the Parliament of Scotland in the Year of our LordOne thousand six hundred and sixty-one, intituledAct for planting and inclosing of Grounds ; and an Act passed in the Parliament of Scotland in the Year of our Lord One thousand six hundred and sixty-nine, intituled An Actfor repairing Highways and Bridges ; and an Act passed in the ParliamentofScotland in the Year of our Lord One thousand six hundred and seventy, intituled Act concerning Highways ; and an Act passed in the Parliament of Scotland in the Year of our Lord One thousand six hundred and eighty-five, intituled Actin favours of Planters and Inclosers of Grounds ; and an Act passed in the Parliament of Scotland in the Year of our Lord One thousand six hundred and eighty-six, intituled AdditionalAct anent Highways and Bridges ; and an Act passed in the Fifth Year of the Reign of His Majesty King George the First, intituled AnAct for amending and making more effectual the Laws for repairing the Highways, Bridges, and Ferries in that Part of Great Britain called Scotland; and an Act passed in the Eleventh Year of the Reign of His Majesty King George the Third, intituled AnAct for widening the Highways in that Part of Great Britain called Scotland; and an Act passed in the Twelfth Year of the Reign of His Majesty King George the Third, intituled AnAct for the Regulation of Carters, Carriages, and loaded Horses, and for removing Obstructions and Nuisances upon the Streets and Highways within that Part of Great Britain called Scotland; and an Act passed in the Thirty-third Year of the Reign of His Majesty King George the Third, intituled AnAct for repealing the Duties on Coals, Culm, and Cinders brought or carried Coastwise into Scotland; and for granting other Duties on Licences to sell certain distilled Spirituous Liquors in lieu thereof ; in so far as they relate to Turnpike Roads and Keepers of Toll Bars, shall be and the same are hereby repealed: Provided always, that the said recited Acts, notwithstanding hereof, shall remain in force as heretofore as to all other Roads not being Turnpike, and as to all other Matters to which they may relate.
II Extending this Act to all Local Acts for making and repairing Turnpike Roads in Scotland.
II. 'And whereas it is of great Importance that One uniform System should be adhered to in the Laws for regulating the Management and Maintenance of Turnpike Roads throughoutScotland ;' be it therefore enacted, That from and after the passing of this Act all the Enactments, Provisions, Matters, and Things in this Act contained shall extend to all Local Acts of Parliament now in force, and to all Acts of Parliament which shall hereafter be passed, for making, widening, turning, amending, regulating, repairing, or maintaining any Turnpike Road in Scotland ; save and except as to such Enactments, Provisions, Matters, and Things as shall be expressly varied, altered, or repealed by any such Act that shall be hereafter passed.
III Qualification of Trustees.
III. And be it enacted, That the Qualifications of Trustees for carrying into execution the Powers and Provisions of this Act, and of every Local Turnpike Act now in force or which shall hereafter be in force inScotland , shall be such as are or shall be enacted and contained in each such Local Turnpike Act respectively: Provided always, that no Person shall hereafter at any Time act as a Trustee in the Executionof any Act of Parliament for making, repairing, or maintaining any Turnpike Road, unless he shall before so acting, when so required by any Trustee then present, take and subscribe the Oath or Affirmation following before any Two or more of the Trustees appointed or to be appointed by or in pursuance of such Act, who are hereby authorized and empowered to administer the same in the Words or to the Effect following; (that is to say,)
'I do swear, [or, being of the People called Quakers , do solemnly affirm,] ThatI truly andbon fide am [here insert the Qualification required by the Act, as the Case may be ].
So help me GOD.'
[Or, being a Quaker, omit the Words 'So help me God.']
IV Trustees not to act where interested.
IV. And be it enacted, That no Person appointed a Trustee by any Act for making, repairing, or maintaining any Turnpike Road shall be capable of acting as such in the Execution of any such Act whilst he holds any Place or Employment of Profit under any such Act or this Act, or who shall be a Tacksman of the Tolls on any Turnpike Road, or of any Part thereof; and if any Person, not being qualified as aforesaid, or being disqualified by any of the said Causes, or not taking and subscribing, when so required, the Oath or Affirmation herein-before mentioned, shall nevertheless presume to act as a Trustee in the Execution of any such Act, every such Person shall for every such Offence forfeit and pay the Sum of Twenty Pounds to any Person who shall prosecute for the same, to be recovered, with Expences, by summary Action before the Sheriff of the Shire in which such Road is situated, or in the Court of Session; and the Person so prosecuted shall prove that he is qualified as aforesaid, or otherwise shall pay the said Penalty, without any other Proof or Evidence on the Part of the Prosecutor than that such Person bath acted as a Trustee in the Execution of any Act for making, repairing, or maintaining any Turnpike Road; and every thing touching the Execution of any such Act which shall be done or performed by such Person unqualified or disqualified as aforesaid, or not taking and subscribing, when so required, the said Oath or Affirmation, or otherwise unauthorized to act, shall become void and null upon such Person being found liable in the Penalty aforesaid, but the same shall be valid and effectual in all other Cases whatsoever.
V Trustees may act as Justices.
V. And be it enacted, That no Trustee appointed under any Turnpike Act shall be disqualified from acting as a Sheriff or Justice of the Peace in the Execution of any such Act by reason of his being such Trustee.
VI Lenders of Money not disqualified.
VI. And be it enacted, That no Lender of Money upon the Credit of the Tolls, or Assignee of any such Lender, nor any Person receiving Interest out of Tolls for any such Money lent, shall on that Account be disqualified to act as a Trustee, or Sheriff, or Justice of the Peace, in the Execution of any such Act.
VII Meetings of Trustees.
VII. And be it enacted, That the Trustees of any Turnpike Road, having met under Authority of any Local Act of Parliament, may from Time to Time adjourn, to meet at such Place and at such Time as they shall appoint; and at all their Meetings such Trustees shall pay and defray their own Expences; and all their Orders and Determinations in the Execution of any such Act shall be made, and all Powers and Authorities derived therefrom or hereby vested in them shall be exercised, at Meetings to be held in pursuance thereof or of this Act (except in Cases otherwise particularly provided for), by the major Part of the Trustees who shall be present, the whole Number present not being less than the Quorum fixed by the Act under which such Trustees shall be appointed; and that a Preses shall in the first place be appointed at every Meeting, who in case of an equal Number of Votes (including the Voteof the Preses) shall have the casting Vote; and that no Order or Determination at any Meeting of the said Trustees, once made, agreed upon, or entered into, shall be revoked or altered at any subsequent Meeting unless Notice of the Intention to propose such Revocation or Alteration shall have been given at a previous Meeting holden for the same Road, and entered in the Book of Proceedings of such Meeting, and shall have been transmitted by Post to every Trustee not present at such previous Meeting who shall have been present at the Meeting where such Order or Determination was made; and such Notice shall also be published by Two several Advertisements in some Newspaper usually circulated in the Shire in which such Road or the principal Part thereof is situated Ten Days at least previous to such subsequent Meeting, or by affixing the same for Two consecutiveSundays on the Church Doors of the Parish or Parishes within which such Road is situated, and on all the Toll Bars then erected upon such Road, Fourteen Days at least before such Meeting.
VIII Two Trustees may call Meetings.
VIII. And be it enacted, That it shall be lawful for any Two Trustees of a Turnpike Road at any Time to call or to require their Clerk to call a Meeting of the Trustees of such Road: Provided always, that Notice of such Meeting and of the Purpose thereof shall be published by Two Advertisements, or by affixing the same as...
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