REGIS

Magne Britannie, Francie, & Hibernie,

DECIMO.

At the Parliament begun and holden at Westminster,
the Fourteenth Day of January, Anno Dom. 1734
in the Eighth Year of the Reign of our Sovereign
Lord GEOREG the Second, by the Grace of God,
of Great Britain, France, and Ireland, King Defender
of the Faith, &c.

And from thence continued by several Prorogations to the First Day of February, 1736. Being the Third Session of this present Parliament

An Act of making effectual Two Acts of Parliament, one of the Sixth Year of the Reign of Her late Majesty Queen Anne, and the other of the Eleventh Year of the Reign of His late Majesty King George, For repairing the Highways from Old Stratford in the County of Northampton to Dunchurch in the County of Warwick.

Whereas by an Act of Parliament passed in the Sixth Year of the Reign of Her late Majesty Queen Anne, instituted, An Act for repairing the Highways from Old Stratford in the County of Northampton, to Dunchurch in the County of Warwick, several Tolls and Duties were granted and made payable, and divers Powers and Authorities given, for repairing the laid Highways, containing in Length Twenty nine measured Miles, and for putting the said Act in Execution  for the Term of Twenty one Years, from the First Day of May, One thousand seven hundred and eight; which laid Term and Powers were, by another Act passed in the Eleventh Year of the Reign of His late Majesty King George the First, further enlarged for the Term of Twenty one Years, to commence and take Place from the Expiration of the said first mentioned Act. And whereas the Trustees appointed to put the said Act in Execution, have laid out and expended the Tolls and Duties thereby arising, in repairing the said Highways directed to be amended; and have, on the Credit of the said Acts (as they were impowered to do) borrowed the Sum of Two thousand two hundred pounds, which has also been applied towards repairing the said Highways, and the said Sum is still due and unpaid; and have likewise, within the Space of One Year last past, laid out and expended the Sum of four hundred pounds and upwards, in such Repairs, over and above the Produce of the said Tolls; but great part of the said Road is still very bad, and cannot be effectually amended and made good, according to the Intent of the said Acts (proper Materials for repairing the late Highways lying at a great Distance from the greatest Part thereof) and the Money borrowed repaid, unless the said Term granted by the said last mentioned Act be inlarged, and both the said Acts made more effectual: To the End therefore that the said Highways may with all convenient Speed, be effectually amended, and hereafter be kept in good Repair for the Accommodation of all Passengers, and the Money advanced and lent, or to be advanced and lent, on the Credit of the said former Acts, may be repaid, together with all Interest due, or to grow due for the same; may it please Your most Excellent Majesty, that it may be enacted, and be 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 aid recited Acts, and all the Powers, Authorities, Articles, Rules, Penalties, Forfeitures, and Clauses therein contained (except the last Clause in the first mentioned Act, relating to an Act made in the Fifth Year of the Reign of Her late Majesty Anne, instituted, An Act fro repairing the Highways between Fornhill in the County of Bedford, and the town of Stony Stratford in the County of Bucks) shall continue, and be in full Force and Effect, and be executed (except such Clauses as are here in after altered or explained) from and after the Expiration of the said Term of Twenty one Years granted by the said Act passed in the Eleventh Year of the Reign of his said late Majesty King George the First, for and during the further Term of Twenty one Years, then next following, and from thence to the End of the then next Session of Parliament (which said additional Term by this Act granted shall be, and the same to hereby made subject and liable to the Payment of the Money due and owing upon the Credit of the said former Acts, or either of them) for the Intents and Purposes in the said recited Acts, or this present Act, mentioned and contained, as if the same were here again repeated and re-enacted in the Body of this present Act; any thing in the said former Acts or either of them, contained to the contrary in any wise notwithstanding.

Provided- nevertheless, and it is hereby declared, That if, at any Time before the Expiration of the said additional Term by this Act granted, the said Highways shall be sufficiently repaired and amended, and to adjudged by the Justices of the Peace for the respective Counties of Northampton and Warwick; at their General Quarter Sessions to be holden for the said Counties; that from and after such Adjudication made, and Repayment of the Monies borrowed or to be borrowed on the Credit of the said recited Acts, or either of them, or of this present Act, with the Interest for the same; then the said Tolls and Duties, and all Powers and Authorities in and by the said former Acts, or this present Act, granted and given, shall cease and determine; any thing therein or herein contained to the contrary notwithstanding.

Provided, and be it further enacted by the Authority aforesaid, That all the Costs and Charges of procuring and passing this present Act, and also the Money borrowed, and  now remaining due, on the Credit of the said former Acts, with the Interest thereof, shall be first paid and discharged out of the Money collected or borrowed, or to be collected or borrowed, by virtue of either of the said former Acts, or this present Act.

And whereas by the said recited Acts, the Trustees therein mentioned were impowered to erect Tow Gates or Turnpikes cross any Part or Parts of the said Road, between the Saracen’s Head Inn in Old Stratford and Dunchurch aforesaid, and there to receive and take the Tolls and Duties in the said Acts particularly mentioned; and in pursuance thereof Two Gates are erected on the said Road, one at Old Stratford, and the other at Dunchurch Bridge, where the said Tolls and Duties are paid; and the said Trustees were, by the said Acts, or one of them, impowered also to erect such other Gates or Turnpikes cross, or on the Sides of the said Highways, as they the said Trustees should think necessary to prevent Frauds and Abuses in eluding the Payment of the said Tolls; and pursuant thereto, another Gate or Turnpike hath also been erected at a certain Place on the said Road, called Plumb or Plumb Park Corner in the Parish of Paul’s Perry, as a Check to, and taking Tickets from, the Collectors at the other Two Gates: And whereas the Tolls and Duties collected at the said Two first mentioned Gates or Turnpikes, are not sufficient to amend all the said Highways directed to be repaired, and to repay the Money borrowed on the Credit of the said Acts; for Remedy whereof, be it further enacted by the Authority aforesaid, That the Three Turnpike Gates erected upon the said Highways, shall continue in the respective Places they now stand; and it shall not be lawful for the said Trustees to remove or pull down either of them, during the Continuance of the said recited Acts, or this present Act; and there shall be demanded and taken at all and every of the said Gates or Turnpikes, the respective Tolls and Duties in the said recited Acts mentioned; any thing in the said former Acts, or this present Act, to the contrary notwithstanding.
And be it further enacted by the Authority aforesaid, That the Trustees named in, or appointed by, or in pursuance of the said recited Acts, or either of them, shall be and are hereby impowered to Acts as Trustees for putting this present Act in Execution: And for Continuance of a competent Number of fit and able Persons to be Trustees for putting in Execution all and every the Powers and Authorities in the said recited Acts and this present Act contained, during the Continuance thereof; be it further enacted by the Authority aforesaid, That when and as often as any Trustee or Trustees shall die, remove, or refuse to Act; it shall and may be lawful to and for the surviving and remaining Trustees, or any Five or more of them, by any Writing or Writings under their Hands and Seals, from time to time, and at all times during the subsisting Term, and also during the additional Term hereby granted, to nominate, elect, and appoint one or more fit Person or Persons living in the said Counties of Northampton and Warwick, or one of them, in the Room of such Trustee or Trustees to deceased, removed, or refusing to Act, and such Person and Persons so nominated, elected, and appointed, shall be joined with such surviving or remaining Trustees; but Notice of the Time and Place of Meeting for the Election of such Trustee or Trustees, shall be given by a Writing to be fixed at or on the Turnpike or Turnpikes erected by virtue in pursuance of the said former Acts, or this present Act, at least Fourteen Days before the Meeting for such Election; and all and every Person and Persons so nominated, elected, and appointed to be joined with such surviving or remaining Trustees, shall and may, and he and they is and are hereby impowered to act to all Intent and Purposes, in as full, large, and ample Manner as the said Trustees are by the said former Acts, or this present Act, impowered to act and do, as often as Dccasion(as written) shall be or require.
And be it further enabled, That this present Act shall be deemed, adjudged, and taken to be a publick Act, and shall be judicially taken notice of as such by all Judges, Justices, and other Persons whatsoever, without specially pleading the same.