Grand Jury to nominate Com mittee to treat, &c. for a Loan. The Dublin and other Roads Turnpikes Abolition Act, 1855. for the Purpose, it shall thereupon be lawful for any such Grand Jury at any Assizes, or if in the County of Dublin at any Presenting Term, to present such Sum as shall be intended to be raised by Loan in order to obtain such Advance, and to set forth in such Presentment that the said Sum shall be raised and levied by half-yearly Instalments of not less than Ten Pounds per Centum per Annum, and likewise to present a Sum sufficient to pay the annual Interest of the Sum so advanced, and of the Balance thereof from Time to Time remaining due, at a Rate not exceeding Six Pounds per Centum per Annum, and also to set forth in such Presentment the Proportions thereof as directed by the said Certificate to be raised on the County at large or upon any Barony thereof; and it shall be lawful for any such Grand Jury in every such Presentment to nominate and appoint a Committee of not less than Three or more than Five Persons to treat, agree, and contract for a Loan with any Person willing to make the same on the Security of such Presentment, and otherwise to carry the said Presentment into effect; and every such Presentment may be in the Form in Schedule (F.) to this Act annexed. Committee to XXXIII. And it shall be lawful for the Committee so nominated negotiate Loan. and appointed, or any Three or more of them, to treat, agree with, and contract for a Loan with any Person willing to make the same on the Faith of such Presentment, and for the Rate of Interest not exceeding the Limit aforesaid to be paid in respect of such Loan and the Terms of every such Contract shall be reduced to Writing on a certified Copy of such Presentment, and signed by the said Committee or any Three or more of them, and by the Person advancing such Money, and shall be delivered to such lastmentioned Person, and held by him as a Security for his Loan until the whole Amount thereof, with Interest as therein set forth, shall be fully paid off and discharged. Loan to be paid to Treasurer. Treasurer to rants Instal ments of Loan. XXXIV. The Loan shall be paid into the Account and to the Credit of the Treasurer of the County, and accounted for by him in like Manner as any other Monies by him received for the Use of the County, and all Securities given by him shall extend to such Monies; and the Treasurer, so soon as the said Loan shall have been so paid into his Credit as such Treasurer, shall pay and apply the same to and amongst the Persons entitled to the Sums in respect of which such Loan shall have been made. XXXV. The Treasurer of the County shall, without further insert in War- Authority or Presentment in that Behalf, issue his Warrant for or include in his general Warrant at each Assizes, or, if in the County of Dublin, Presenting Term, such Portion of the whole Sum presented by the Grand Jury as aforesaid, together with such Sum for Interest thereon as inay be necessary for the Purpose of paying to the Person so advancing Money the Instalments and Interest thereon as aforesaid, and it shall not be lawful for the Grand Jury to restrain the issuing of any such Warrant; and the Sum inserted in such Warrant shall be raised and levied as other Monies directed by any Warrant of such Treasurer are by Law raised and levied; and such Treasurer shall pay the Person so advancing Money all such Monies as shall be received by him by virtue of the The Dublin and other Roads Turnpikes Abolition Act, 1855. the Presentment and Warrants aforesaid, till the whole Loan, with the Interest thereon, shall be paid: Provided always, that all Monies in the Treasurer's Hands shall be applicable to pay the said Instalments of Principal, and the Interest thereon, according to the Terms of any such Loan, and if it shall happen that any Money shall be raised by virtue of any such Presentment which shall not be required for the Purposes for which it shall have been so raised, the same shall be carried to the Credit of the County or Barony from which it shall have been raised. Mortgages or Annuities. XXXVI. So soon as the Amount of the Presentment so made Grand Juries or the Loan so contracted for the Purpose of purchasing, paying may redeem off, or redeeming any such Mortgages or Annuities shall have been paid to or received by the Treasurer of the County, he shall apply the same in paying to such Mortgagees the Principal Sum due on Foot of their said Mortgages, or such less Sum as the said Mortgagees may be willing or shall have agreed to accept for their said Mortgages, or in redeeming the said Annuities, upon such Terms as the said Annuitants may be willing to accept: Provided always, that it shall not be lawful to pay the said Ânnuitants, in redemption of their said Annuities, any greater Sum than at the Rate of One hundred Pounds for every Four Pounds of Annuity. XXXVII. When any such Mortgage or Annuity shall have been paid off or redeemed, the same shall be transferred by the Mortgagee or Annuitant to the Treasurer in the Manner herein provided, and the Deed of Transfer shall express that the same has been transferred to the said Treasurer, in trust for the County, and thereupon the said Mortgage or Annuity shall be extinguished, and the Security therefor shall be cancelled by the Treasurer, and delivered to the Clerk of the Peace, to be kept among the Records of the County, and the said Treasurer shall enter in the said Transfer Book a Memorandum that said Security has been so cancelled and delivered. Redeemed Annuities to be Acts named in Schedule (A.) to be repealed. XXXVIII. On and after the Fifth Day of January next after the passing of this Act, the several Acts set forth in Schedule (A.) to this Act annexed are hereby repealed, and from thenceforth the Trustees appointed by the said Acts shall be discharged from the Execution of the Trusts and Powers thereby vested in them, and the Collection and taking of Tolls upon the Roads in the said Acts comprised shall absolutely cease; and upon and from the said Tolls to cease, Fifth Day of January the said Roads shall be and become and the and Roads desame are hereby declared to be public Roads of the Counties in clared public Roads. which such Roads are respectively situate, and shall be maintained and kept in repair in like Manner and shall be subject to the like Provisions as other public Roads within the said several Counties. XXXIX. The Officers employed under the said Acts hereby Officers to acrepealed shall, within Thirty Days after the said Fifth Day of count, and deJanuary, make up, sign, and balance their Accounts up to the said Fifth Day of January, and shall lay the same before the Commissioner, who is hereby authorized to examine such Officers upon Oath as to the Truth of their Accounts, and to accept and receive any Balance that may be due by any such Officer; and every such Officer shall pay or deliver to the Commissioner, or to 18 & 19 VICT. T such liver up Documents, &c. The Dublin and other Roads Turnpikes Abolition Act, 1855. such Person as he shall direct and appoint to receive the same, all Monies, Balances, Securities, Vouchers, Receipts, Accounts, and other Documents, and also all Materials, Tools, Implements, and other Things in his Possession or Control by virtue of his said Penalty for not Office; and if any such Officer shall neglect or refuse to render accounting. such Accounts, or to pay any such Balance, or to deliver to the Commissioner or the Person appointed by him as aforesaid any of the Documents or Things aforesaid in his Possession or Control by virtue of his said Office, such Officer shall for every such Offence be liable to a Penalty not exceeding Ten Pounds, in the Discretion of the Justices before whom such Offender shall be convicted. Penalties, &c. how to be recovered. Property of Trusts to vest in Commissioner. Trust Property to be sold. XL. All Fines or Penalties inflicted or imposed by this Act may be sued for and recovered in a summary Way by the Order and Adjudication of any Justice or Justices of the Peace at Petty Sessions, under and subject to the several Provisions and Regulations relating to summary Jurisdiction contained in "The Petty Sessions (Ireland) Act, 1851," and shall be applied in the Manner by the said Act directed. XLI. Upon and from the said Fifth Day of January all Lands, Quarries, Tenements, and Hereditaments, and all Turnpikes, Toll Houses, Toll Bars, Toll Gates, Side Gates, Chains, Lamps, Lamp Posts, Monies, Choses in Action, and all other Property vested in or belonging to the Trustees of the several Roads, for the Purposes of the Trusts thereof, shall vest in the Commissioner for such Estate or Interest as the said Trustees shall have therein; and the said Trustees and their Officers and all other Persons in possession thereof shall surrender the same, and all the Title Deeds, Leases, Contracts, Instruments, or Things relating thereto, to the Commissioner, to be by him applied as by this Act directed. XLII. The Commissioner shall, as soon as conveniently may be after the said Fifth Day of January, sell and dispose or authorize the Sale and Disposal of the Estate and Interest in such of the Lands or other Real Property of each of the said Turnpike Trusts so vested in him as shall not be required for the Purposes of the said Roads, and the Rights, Members, and Appurtenances thereof, and of such Personal Property as aforesaid, either by Public Auction or by Private Contract, and either in One Lot or in several Lots, as to him shall seem fit, to such Persons as shall be willing to become the Purchasers thereof or of any Part thereof; and the Commissioner shall have full Power and Authority to enter into all necessary Contracts for Sales, or to rescind or vary the same, and to give full and effectual Discharges for the Purchase Money thereof or any Part thereof, and to execute all necessary Conveyances for vesting the same in the Purchasers thereof, or any Part thereof, for all the Estate or Interest therein which shall be vested in the Commissioner; and the Commissioner shall and he is hereby authorized and required to take down and remove all or any Turnpikes, Toll Houses, Toll Bars, Toll Gates, Side Gates, Chains, or other Things which shall encroach upon the Roads or any of them, and may, if he thinks fit, take down or remove all or any other Turnpikes, Toll Houses, Toll Bars, Toll Gates, Side Gates, The Dublin and other Roads Turnpikes Abolition Act, 1855. Gates, Chains, or other Things the Property of the said Turnpike Trusts, and may sell and dispose of the Materials thereof in manner aforesaid: Provided always, that before the Commissioner shall sell and dispose of or offer for Sale and Disposal any Piece of Ground not wanted for the Purposes of the Road, he shall offer the same to the Person whose Lands shall adjoin thereto, and if such Person shall thereupon refuse or shall not agree to purchase the same such Land may be sold to any Person who may be willing to become the Purchaser thereof as aforesaid. XLIII. All Monies to arise from such Sales of the Property of any such Turnpike Trust, after deducting the necessary Expenses thereof, and all Monies to be received from the Trustees or Officers of any such Turnpike Trust, shall be applied by the Commissioner in the first instance in discharge of the Costs, Charges, and Expenses of obtaining and carrying into execution this Act; and the several Counties or the Baronies thereof wherein is situate the Turnpike Trust from which such Monies shall have arisen shall be entitled to Credit for the Amount of such Monies so applied, and the Commissioner shall allocate the same accordingly; and the Commissioner shall from Time to Time certify to the Treasurer of any such County the Sum to Credit for which such County or any Barony thereof shall be entitled, and thereupon it shall be lawful for such Grand Jury to deduct from any Presentment to be made and levied off any such County or Barony thereof, under the Provisions of this Act, the Amount to Credit for which such County or Barony shall be so certified to be entitled, and the Balance of all Monies so arising shall in like Manner be so allocated, and shall be paid to the Treasurers of the said Counties, and shall be by the said Treasurers applied in aid of the Presentments to be made under this Act in relation to such Trust. SCHEDULES referred to in the foregoing Act. REFERENCE TO ACT. 10 G. 4. Chap. 75. 10 G. 4. Chap. 63. 38 G. 3. Chap. 31. (Ireland.) 40 G. 3. Chap. 48. (Ireland.) SCHEDULE (A.) TITLE. An Act for making and maintaining the Road An Act for more effectually repairing the The Dublin and Mullingar Turnpike Road An Act to continue and amend the Powers of an Act for repairing and improving the An Act for amending the Road from Dublin T 2 Application of Sales and Ba- The Dublin and other Roads Turnpikes Abolition Act, 1855. 26 G. 3. Chap. 30. (Ireland.) 28 G. 3. Chap. 48. (Ireland.) 29. G 3. Chap. 24. (Ireland.) 31 G. 3. Chap. 50. (Ireland.) Majesty, entituled An Act for amending the Road from Dublin to Knocksedan in the County of Dublin.' An Act for making, widening, and repairing the Road leading from the City of Dublin to Malahide, and for erecting Turnpike Gates, and receiving Tolls thereout in aid of the Barony Presentments, and for appointing Trustees for carrying the said Purposes into execution. 6 6 6 An Act for extending to the Roads leading 6 6 6 6 An Act for amending the several Laws for making, widening, and repairing the Road from Dublin to Malahide, and the other Roads leading to Dublin over Ballybough Bridge, in the said Acts mentioned; and for enabling the Trustees for the said Purposes |
