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Trustees
Observations [continued]
what advantages he might have had if he had had his Wheels made broad, after he has provided himself with narrow. Since therefore
these Articles must be inserted elsewhere, nothing more is necessary, than to insert them, here.
Art. XI
Any 13 Trustees, of such as act under a Statute now in
force, being assembled after a month's notice affixed to
any every Tollgate, may reduce the Tolls with consent of
so many persons, as together are entitled to 5/6 of such money,
borrow'd on them, as continues undischarged: and may
again advance them, so as not to exceed the original
rates granted by the respective Acts.
Observations
Is the limitation in this proviso to be understood as
confined to those Acts which are deficient in the power
supplied in the preceding Section; or as extending
also to those, which, having that power, have not this
limitation?
Obliged to hazard a decision, I have adopted the former
sense; I have accordingly engrafted the proviso in such
a manner as to exclude the latter.
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Sect. XXV.
And whereas in and by several Acts of Parliament
made and passed for amending and repairing particular
Turnpike Roads within this Kingdom, there is no
Power given to the Trustees to lessen the Tolls, although
such Turnpike Roads may be sufficiently, or in a
great Degree, amended and repaired; and all, or the
greater Part, of the Money borrowed upon the Credit
of any such Acts have been paid or discharged; Where the Roads shall be sufficiently repaired, or nearly so, and the Money borrowed paid, or nearly discharged; be it
therefore further enacted, That it shall and and may be lawful
to and for the Trustees appointed in and by virtue of any
Act of Parliament, now in force, for repairing and
amending such particular Roads as aforesaid, or any
Thirteen or more of such Trustees respectively, and they
are hereby empowered in any of the Gates aforesaid, at
a Meeting to be held for that Purpose, of which One
Calendar Month's Notice shall be given in writing, to
be affixed on all the Turnpike-gates which shall be then
erected upon such respective Roads, from time to time,
the Tolls may be reduced, to lessen or reduce all or any of the Tolls granted by
any of the said respective Acts, for and during such Time
as the said Trustees, or any Thirteen or more of them,
shall think proper; and occasionally raised again, and afterwards at any Meeting to
be held as aforesaid, from time to time, if they shall see
Occasion, to advance all or any of the Tolls to lessened,
to any Sum or Sums of Money, not exceeding
the several rates granted by such Act of Parliament
respectively.
Sect. XXVI.
but no such Reduction is to take place, where Money is due, unless with consent of the Mortgagees. Provided nevertheless, That where the whole Money
borrowed on the Credit of the Tolls granted by any such
Act shall not have been paid and discharged, no such
Tolls shall be lessened or reduced without the Consent of
the Person or Persons intitled to Five Sixths of the
Money remaining due upon such respective Tolls.
Sect. XXXVII.
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