Short Title. Interpretation of Terms. 6 6 The Dublin and other Roads Turnpikes Abolition Act, 1855. 'therein named, directing them, amongst other things, to inquire ' into and to report upon the Propriety of maintaining or abolishing the said Turnpike Trust Roads, namely, the Dublin, Malahide, Howth and Clontarf, the Dublin and Dunleer, the Dublin ' and Knocksedan, the Dublin by Ashbourne to Slane and Drogheda, the Ratoath, the Dublin and Navan, the Dublin and Mullingar, and the Road branching from same by Kinnegad to Athlone, and the Dublin and Carlow, and to further report upon the Receipt and Expenditure and the Accounts of each Trust 'aforesaid, and upon the Debts and Charges thereon, and upon the 'actual Value in each of the last Ten Years of the Debentures ' and Charges due by the said Trusts respectively, and the Mode of paying off the said Debentures and Charges which should appear to the said Commissioners most just and equitable, and the Proportion thereof which should be charged to the respec'tive Counties or Baronies concerned: And whereas the said "Commissioners have since made their Reports to Her Majesty, ' and have reported in favour of abolishing the Turnpikes on the 'said Roads, and have recommended that the said Roads should be maintained as the other free Highways of the Counties in 'which they may be situated, and have offered Suggestions as to the Mode in which the said Turnpike Trusts should be abolished, and the Debentures and Debts due thereon should be valued, apportioned, and discharged: And whereas it is expedient that 'certain Recommendations of the said Commissioners should be adopted, with Modifications thereof; but such Purposes cannot be effected without the Aid and Authority of Parliament: May it therefore please Your Majesty that it may be enacted; and be it enacted by the Queen'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, as follows; that is to say, 6 I. This Act may be cited for all Purposes as "The Dublin and other Roads Turnpikes Abolition Act, 1855." II. In the Construction and for the Purposes of this Act (if not inconsistent with the Context or Subject Matter) the following Terms shall have the respective Meanings herein-after assigned to them; that is to say, The Word "Person" shall include Corporation, whether sole or "The Lord Lieutenant" shall mean the Lord Lieutenant or "Rentholder" shall mean any Person entitled to any such "Mortgage" shall mean any Security for Monies secured upon "Trustees," The Dublin and other Roads Turnpikes Abolition Act, 1855. "Trustees,” as regards Turnpike Trusts, shall include Commissioners and Directors: "Barony" shall include Half Barony: "Officer" shall include Secretary, Treasurer, Clerk, Surveyor, and Toll Collector : "Road" shall include Bridges and all other Works appertaining to the Road: be: "Treasurer of the County" shall, as regards the County of "Assizes," as regards the County of Dublin, shall be held to the Act. III. It shall be lawful for the Lord Lieutenant, by Warrant Appointment of under his Hand, to appoint any fit Person to be the Commissioner Commissioner for executing for carrying this Act into execution, and upon any Vacancy in the Office of such Commissioner to appoint some other fit Person to such Office, and the said Person so to be from Time to Time appointed shall be the Commissioner for executing this Act, and shall be styled "The Dublin Turnpikes Abolition Commissioner." - IV. All Certificates, Awards, or other Instruments made by Authentication or proceeding from the Commissioner in pursuance of this Act of Documents. shall be sufficiently authenticated if under the Hand of the Commissioner, and the same may be in Writing or in Print, or partly in Writing and partly in Print ; and all such Certificates, Awards, To be Eviand other Instruments, or Copies thereof, purporting to be executed dence. by the Commissioner, shall be Evidence that such Certificates, Awards, or other Instruments were duly made and executed, and that all the Requisitions of this Act in relation thereto were complied with, unless the contrary be shown. &c. of Com missioner to be binding, and not to be removed V. All Certificates, Awards, and other Instruments made or Proceedings, executed pursuant to this Act by the Commissioner, and all Proceedings under this Act of such Commissioner, shall be binding and conclusive (except as in this Act otherwise provided) on all Parties thereto, and to all Intents and Purposes whatsoever, and shall not be removed or removable by Certiorari or by any other Writ or Process into any of Her Majesty's Superior Courts at Dublin. by Certiorari. VI. All Notices and other Documents by this Act directed to be Notices may be delivered or given, except such as are to be given by Advertise- sent by Post. ment, may be sent by Post. sioner. VII. It shall be lawful for the Lord Lieutenant to direct such Remuneration Sum, not exceeding Two hundred Pounds, as he shall think fit, of Commisto be paid to the Commissioner to be appointed under this Act as a Remuneration for his Services in carrying this Act into execution, and in case of a Vacancy in the Office of such Commissioner, to direct a Sum not exceeding the said Sum of Two hundred Pounds to be paid to any other fit Person who shall be appointed to the Office of such Commissioner; and the Remuneration of every such Commissioner shall be provided and paid as S 4 Part Declaration to be taken by Commissioner. Commissioner to carry Act into execution. Notice to be given of Sittings. The Dublin and other Roads Turnpikes Abolition Act, 1855. Part of the Expenses of carrying this Act into execution: Provided, that if any such Commissioner shall die, be removed, or vacate his Office, before the making of a General Award as by this Act provided, then it shall be lawful for the Lord Lieutenant to direct that such Portion only as to the Lord Lieutenant shall seem just and reasonable of the Remuneration so originally directed to be paid to any Commissioner so dying, being removed, or vacating his Office, shall be paid in respect of the Services of such Commissioner. VIII. Every Commissioner appointed under this Act shall, before he enters upon the Execution of his Office, make the following Declaration before One of the Justices of the Court of Queen's Bench or Common Pleas or One of the Barons of the Court of Exchequer in Ireland; that is to say, ་་ IA.B., do solemnly declare, That I will faithfully, impartially, and honestly, according to the best of my Skill and Judgment, fulfil all the Powers and Duties of the Commission under " The Dublin and other Roads Turnpikes Abolition Act, 1855."' And the Appointment of every such Commissioner, with the Time when and the Name of the Justice or Baron before whom he shall have made the said Declaration, shall be forthwith published in the Dublin Gazette. IX. The Commissioner shall proceed, so soon as he conveniently can after the passing of this Act, to sit for the Execution thereof, and before proceeding to inquire into the Affairs of any Trust shall cause Notice to be given of the Day and Time at which he shall determine to hold any Sitting, other than adjourned Sittings, and of the Purpose thereof, by Advertisement to be inserted in some Newspaper circulating in the City of Dublin, and in some Newspaper or Newspapers circulating in each of the Counties in which may be situate the Turnpike Trusts in respect of which such Sitting may be intended to be held, Fourteen Days at least before the Time fixed for holding any such Sittings may be Sitting; and the Commissioner shall have Power to adjourn his Sittings from Time to Time and from Place to Place, as may be found necessary. adjourned. Commissioner to inquire into Debts, Conditions, &c. of Trusts. X. The Commissioner shall make, so far as he shall deem necessary in order to the Execution of the several Powers and Duties hereby vested in him, full and diligent Inquiry into the Revenue and Debts of each of the several Turnpike Trusts to which the Acts of Parliament in Schedule (A.) to this Act annexed apply, and shall examine and ascertain the Amount and Nature of all Mortgages, Rents, and other Debts to which he shall consider each such Trust to be liable, and shall ascertain all Particulars relating to such Trust which he shall deem essential; and the Commissioner shall require to be produced, and shall examine and compare with the Registries thereof, all Mortgages or other Securities in respect of which any Claims upon the Tolls of such Turnpike Trusts shall be made; and in case it shall appear to the Commissioner, by the Books of such Trust, or by include Holders any other Evidence satisfactory to the Commissioner, that any Person is a bona fide Mortgagee, Rentholder, or Creditor of such When Secu rities lost Commissioner may amongst Cre ditors. Trust, The Dublin and other Roads Turnpikes Abolition Act, 1855. Trust, though the Mortgage or Security of such Person may have been lost, mislaid, or destroyed, the Commissioner shall include such Person among the Mortgagees, Rentholders, or Creditors of such Trust in respect thereof. XI. The Commissioner may, by Summons under his Hand, require the Attendance before him, at a Time and Place to be mentioned in such Summons, of any Trustee or Officer of any of the said Trusts, as well as of any other Person whom he may think fit to examine upon any Question or Matter connected with or relating to the Execution of this Act, and may examine upon Oath any such Trustee, Officer, or Person, and may require the Production of any Books, Accounts, Maps, Acts of Parliament, or other Documents which the Commissioner may consider to relate to any such Question or Matter: Provided always, that on Person shall be obliged by any such Summons to go or travel more than Sixty Miles from the Place of his usual Abode; and the Commissioner may allow to any Witness attending pursuant to any such Summons such Expenses as he may deem reasonable. Power to summon Witnesses, and to require Documents. Production of ments, &c. stroying Docu XII. Every Person who, being examined under the Authority As to giving of this Act by the Commissioner, shall wilfully and corruptly give false Evidence, false Evidence, shall be deemed guilty of a Misdemeanor; and refusing to give Evidence, deevery Person who, being summoned as aforesaid, shall wilfully refuse or neglect to attend or to give Evidence, and every Person who shall wilfully alter, suppress, conceal, destroy, or refuse to produce any such Books, Accounts, Maps, Acts of Parliament, or other Documents as aforesaid, shall be liable for every such Offence to a Penalty not exceeding Ten Pounds, in the Discretion of the Justices before whom such Offender shall be convicted. Record of Pro ceedings. to ascertain Mortgages charged on each Trust, and XIII. The Commissioner shall make a full and particular Record in Writing of such of his Proceedings in execution of this Act as he shall deem essential. XIV. So soon as the Commissioner shall have ascertained all Commissioner such Particulars relating to any such Turnpike Trust as he shall deem essential, he shall proceed to estimate and determine the Sums to be payable in respect of the Mortgages to the Payment of which he shall consider such Trust to be liable, in the Manner Sums to be next herein-after provided; that is to say, firstly, all Interest payable in rewhich shall be due and unpaid upon such Mortgages upon the spect of such Fifth Day of January next after the passing of this Act shall Mortgages. be extinguished; secondly, the Sums to be payable in respect of the Mortgages of the several Trust Roads following, namely, the Dublin and Knocksedan, the Dublin by Ashbourne to Slane and Drogheda, and the Dublin and Mullingar, shall be the full Amount of the Principal Monies secured by such Mortgages; thirdly, the Sums to be payable in respect of the Mortgages of the said Trust Road from Dublin to Dunleer shall be One Twentieth Part of the Principal Monies secured by such Mortgages; fourthly, the Sums to be payable in respect of the Mortgages of the said Trust Road from Kinnegad to Athlone shall be One Moiety of the Principal Monies secured by such Mortgages; fifthly, the Sums to be payable in respect of the Mortgages or Sums advanced by the Commissioner to ascertain Rents payable by each Trust. Commissioner to ascertain certain Debts due on such Trusts. Debts so ascer- Counties and Annuities. The Dublin and other Roads Turnpikes Abolition Act, 1855. the Exchequer Loan Commissioners to the Trustees of the said Trust Road from Dublin to Navan shall be the Sum of Six thousand Pounds, and the Residue of the Principal Monies so advanced, and all other Mortgages upon the said last-mentioned Trust Road, shall be extinguished; and, lastly, no Sum shall be payable in respect of the Mortgages of the said Trust Road from Dublin to Carlow. XV. The Commissioner shall in like Manner ascertain the Nature and Amount of all Rents charged upon and payable out of the Tolls of any such Trust, and all Rents reserved on Leases, and the Sums to be payable in respect of every such Rent shall be an Annuity of the same annual Amount as such Rent, and for the same Term as such Rent may have been made payable: Provided, that when such Rent shall be payable or reserved during the Continuance of any Act or Acts of Parliament, such Rent shall be deemed a perpetual Rent: Provided also, that when the Interest in any such Lease shall be sold under this Act, no Annuity shall be payable in respect of the Rent thereby reserved. XVI. The Commissioner shall in like Manner ascertain the Nature and Amount of all Debts, other than Mortgages, to the Payment of which he shall consider each such Trust to be justly and properly liable; and the Sums to be payable in respect of all such Debts, other than Mortgages, shall be the full Amount of such Debts. XVII. The Sums and Annuities which the Commissioner shall so determine to be payable in respect of any such Turnpike Trust shall be charged upon the Counties and Baronies of the Counties in which the Roads comprised in such Trust are locally situate as Apportionment next herein-after provided; that is to say, where the whole of the of Charges and Roads comprised in any such Trust shall be locally situate in One County only, One Half of such Charges and Annuities shall be apportioned to the County (except in the County of Dublin), and the other Half to and between the Baronies thereof in which such Roads are situate, in proportion to the Length of such Roads in each such Barony; and where the Roads comprised in any such Trust shall be locally situate in more Counties than One, such Charges and Annuities shall be divided, first between such Counties, by allotting specific Charges and Annuities to each such County as nearly in proportion to the Length of such Roads in each such County as the Number and Amount of such Charges and Annuities will admit, and the specific Charges and Annuities so allotted to each such County shall (except in the County of Dublin) be then apportioned between such County and the Baronies thereof as herein-before provided with respect to Trusts locally situate in One County only: Provided, that, as regards the County of Dublin, no Portion of such Charges and Annuities shall be apportioned to the said County, but the whole thereof shall be apportioned to and between the Baronies thereof in proportion to the Length of such Roads in each such Barony: Provided also, that when in the Division between such Counties of the Charges and Annuities in respect of any particular Trust any greater Proportion of such Charges and Annuities shall have been |
