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present at the time being, shall preside as chairman for such meeting; and whenever any chairman or vice chairman shall die or resign, or shall refuse to act, the said county roads board shall, at their general meeting to be held next after such death, resignation, or refusal, elect and appoint some other fit and proper person, being a member of the said board, in his stead.
LXXIV. That every county roads board shall at such first meeting respectively elect and appoint a fit and proper person to be the clerk of such board, and shall also appoint a treasurer to the said board; and the said board shall at their said first meeting, or afterwards, from time to time appoint such number of surveyors as in their judgment shall be required to overlook the management and repairs of the several turnpike roads in their county, and shall also determine the salaries to be paid to such clerk and surveyors respectively out of the county toll fund hereinafter mentioned ; and the said board may from time to time at their discretion remove the said clerk or treasurer or surveyors, and so often as the said offices or either of them shall become vacant shall elect other fit and proper persons for the same.
Lxxv. That every county roads boards respectively shall at such first meeting determine and appoint the times and places for holding their general meetings to be held in pursuance of this Act, and shall also from time to time determine and agree upon such rules and regulations for the guidance of their own proceedings at such meetings, and otherwise, as they shall deem expedient.
LXXVI. That the said county roads boards respectively shall at their said first meeting, with the aid and advice of the said general superintendent of county roads, make a full examination and inquiry into the limits, extent, condition, and circumstances of all the several turnpike roads within or partly within their respective counties which shall, at the time of the passing of this Act, be regulated by or comprised in any local Act for making or regulating turnpike roads therein ; and shall also examine and consider, with the aid and advice aforesaid, what portions (if any) of such turnpike roads it may be expedient thereafter to maintain and continue as main turnpike roads; and what portions (if any) of such roads it may be expedient wholly to reject and discontinue as turnpike roads, so that the same may thereafter be subject to the laws now in force concerning highways; and also what division or arrangement of the several roads which they shall deem proper to be maintained as turnpike roads within their respective counties it may be expedient to make for the purpose of district management, as hereinafter provided; and the said county roads boards respectively shall, as soon as may be, in pursuance of the said inquiry, make or cause to be made a full and particular report in writing to the Commissioners for carrying this Act into execution respecting the several matters hereinbefore directed to be examined and considered by them, together with such other recommendations and suggestions as may be necessary for any other purposes of this Act, or as they may deem essential to the due execution thereof.
LXXVII. That the said Commissioners shall, upon due consideration of such reports and recommendations respectively, make such determination respecting the premises as to them shall seem meet, and shall, by their orders to be made under their hands and seal, direct, with respect to each of the said counties respectively, what portions of the said roads regulated by or comprised in any local Act as aforesaid shall thereafter continue to be maintained as turnpike roads, and also what portion thereof (if any) shall be wholly rejected and discontinued as turnpike roads; and the said Commissioners shall also, by their said order, direct such and so many districts as in their judgment shall be necessary to be formed and constituted in each of the said counties respectively in which they shall deem the formation of such districts to be expedient for the separate manage ment and repair of the several turnpike roads within the said districts, according to the regulations hereinafter contained: Provided always, that in case in any of the said counties the said Commissioners shall not deem it expedient to constitute aby such division of districts as aforesaid, then the management and repair of all the turnpike roads within such county, and all powers and things necessary thereto, shall belong, and shall be carried on, done, and executed by or under the direction of the county roads board of such county.
LxxvIII. That the said Commissioners, in pursuance of their said orders as aforesaid, shall cause a map or plan to be made for each of the said counties, wherein shall be distinctly set out and delineated the several roads thereafter to be maintained in and for such county as turnpike roads, as well as the several districts into which such county shall be divided, and to which the said turnpike roads shall thenceforth respectively be annexed and belong; and the said map or plan, or a copy thereof, stamped with the seal of the said Commissioners, shall be deposited with the clerk of every county roads board respectively
, and shall be received as evidence, and shall be referred to, in all suits, controversies, and disputes touching the limits boundaries, situation, or classification of any such roads or districts respectively: Provided always, that the said map or plan may be altered or amended by authority of the said Commissioners, or, after such commission has determined, of one of Her Majesty's principal Secretaries of State, if it should become necessary so to do, through the operation of any of the provisions : hereinafter contained.
LXXIX. That all such roads or portions of roads within any of the said counties respectively as the said Commissioners, by their order as aforesaid, shall direct to be discontinued as turnpike roads shall thenceforth cease to be repaired or maintained as such, and no tolls shall be collected thereon, and all toll gates or toll bars now standing thereon shall be removed, and the said roads shall thenceforth be repaired and maintained according to the laws for the time being in force relating to highways, or by the parties otherwise liable by law to repair the same.
Lxxx. That it shall be lawful for the said county roads boards respectively, at any of their regular meetings to ke held under the authority of this Act, with the aid and advice of the said general superintendent of county roads, to make or cause to be made any special report to the said Commissioners, or, after the said commission shall have determined, to the said Secretary of State, and by such report to recommend that any roads or portions of roads theretofore maistained as turnpike roads should cease to be so maintained, or that any deviation or diversion of or from the course of a such roads should be made, or that any other alteration, improvement, or work should be executed, other than for the ordinary maintenance and repair of such roads, and whereof the probable expense, according to the estimate of the said general superintendent, would exceed 100l. ; and thereupon it shall be lawful for the said Commissioners, or, after the
said commission shall bave determined, for the said Secretary of State, by their or his authority, to order that such recommendations respectively or any of them be carried into effect, and that such additions, diversions, deviations, alterations, improvements, or other works be made and executed as the said Commissioners or the said Secretary of State respectively may approve; and the said county roads boards respectively shall then have full power to make and execute the same out of the monies or on the credit of the county toll fund hereinafter mentioned, subject to the restrictions and limitations hereinafter contained: Provided always, that no such special report as aforesaid relating to any such addition, diversion, deviation, alteration, improvement, or other work shall be made, adopted, or agreed to at any meeting of any county roads board unless notice of the proposed undertaking or work to which such report shall have reference, and of the estimated cost thereof, shall have been previously given by advertisement twice published in some or one of or more of the newspapers circulating in the county to which the same shall relate twenty-one days at least before such meeting of the said county roads board.
Lxxxi. That no money shall be hereafter raised or borrowed for any purpose whatsoever by or on account of any county roads board, or by or on account of any person or body of persons acting in the execution of this Act, upon the credit of the tolls to be raised and collected in any of the said counties, or upon the credit of any county road fund or county road rate hereinafter referred to, save and except upon such terms and conditions as to the repayment thereof as will necessarily provide for the extinction of the debt thereby created, both in respect of the principal monies borrowed and of interest for the same, before the expiration of twenty-one years from the time of borrowing such monies, nor without the consent of the said Commissioners, or, after the said commission shall have determined, of the said Secretary of State.
LXXXII. That the maintenance and repairs of the several turnpike roads situate and being within the several districts which shall be marked out and defined in each of the said counties respectively by the said Commissioners, according to the provisions herein before contained, shall, subject to the superintendence and authority of the said county roads boards and of the said Commissioners as aforesaid, be placed under the care and management of local boards, to be styled “District Roads Boards,” and which shall be constituted in manner following; (that is to say,) the said Commissioners shall so soon as any district shall have been marked out and defined as aforesaid, by order under their hands and seal, nominate and appoint a certain number, not exceeding ten in any one district, of fit and proper persons, not being Justices of the Peace, qualified as hereinafter next mentioned, to be members of such district roads board; and every person who shall reside within such district, and who in his own right or in right of his wife shall be the owner or occupier, or shall be in the actual possession of the rents or profits, of any lands, tenements, or hereditaments, whether freehold or copyhold, within the county wherein such district is situated, which shall be rated or rateable to the relief of the poor in the parishes or places in which the same shall lie at not less than 801. per annum, shall be duly qualified to be and be capable of being appointed a member of such board; and whenever any of the said persons who shall have been so nominated and appointed by the said Commissioners as aforesaid shall die or resign, or shall absent himself for twelve months from the meetings of the said board, or shall cease to be qualified in respect of residence and estate or interest as aforesaid, then the other members of such board shall elect other fit and proper persons, qualified as hereinbefore described, to be members of such board in their stead ; and whenever any of such lastmentioned persons shall die or resign, or be absent as aforesaid, or shall cease to be qualified as aforesaid, the vacancy or Facancies thereby occasioned shall be from time to time supplied by election in like manner; and all Her Majesty's Justices of the Peace residing within or acting at any petty sessions within any such district shall be ex officio members of such district roads board.
LXXXII. That in case in any of the said counties the said Commissioners shall not deem it expedient to constitute any such division of districts for the purpose of district management as aforesaid, then the said Commissioners shall, by their order as aforesaid, nominate and appoint certain persons, not less than six nor more than twelve in number, to be additional members of the county roads board of such county, who shall be chosen in manner following ; that is to say, an equal number of such persons shall be chosen in respect of each hundred of such county, and shall be persons resident within such huudred respectively, and qualified in respect of property in such county in like manner as is hereinbefore provided with respect to the qualification of members of district boards; and whenever any of the persons who shall have been so nominated by the said Commissioners as aforesaid shall die or resign, or shall cease to be qualified in respect of residence and estate or interest as aforesaid, then the said county roads board shall elect other fit and proper persons, resident and qualified as hereinbefore described, in their stead, and all other vacancies which shall thereafter occur shall be from time to time supplied by election in like manner; provided that among the persons so from time to time constituted as additional members of such county road boards there shall always be two persons at least, resident and qualified as aforesaid, for and in respect of each hundred of such county.
LIXXIV. That the persons who shall hereafter be appointed as members of district boards, or as additional members of county roads boards in counties having no district boards, shall after certain periods cease to be members of the same respectirely by rotation, and the vacancies thereby occasioned shall in either case be supplied from time to time in manner following; that is to say, of the persons who shall have been originally nominated by the said Commissioners as members thereof respectively three persons (who shall be selected by ballot) shall at the expiration of three years from the time of such nomination cease to be such members, and at the expiration of four years from the said time a like number of such persons (to be also selected by ballot) shall cease in like manner, and at the expiration of five years from the said time the residue of the said persons who shall have been so originally nominated as aforesaid shall cease to be members of such board respectively in lite manner; and in every such case, and at each of such periods as aforesaid, for the purpose of supplying the vacancies which shall then arise, the other members of such boards respectively shall elect an equal number of fit and proper persons, qualified as hereinbefore described, to be members of such boards in their stead ; provided that at the expiration of every year period of three years from such election as members of district boards, or as additional members of county roads boards,'shali respectively cease to be such members, and the vacancies thereby occasioned shall be from time to time supplied by election in like manner; and all persons who shall have been elected at any time after the passing of this Act to supply any eation Vol. XXII.-Stat.
vacancies in such boards, occasioned by death, resignation, or otherwise as aforesaid, shall at the expiration of three years from their said election cease to be members thereof, and the vacancies thereby occasioned shall be from time to time supplied by election in like manner.
Lxxxv. That no person shall be qualified to act as a member of any district roads board unless and until he shall in the presence of one of Her Majesty's Justices of the Peace acting in and for the county to which such district board shall belong, or of any two persons who shall have duly qualified themselves to act as members of such district roads board, make and subscribe the declaration following ; (that is to say,) • I A. B. do solemnly and sincerely affirm, That I will truly and impartially, according to the best of my Judgment and
Ability, execute and perform the several Powers, Authorities, and Trusts reposed in mne by virtue of an Act passed in the *Session held in the Seventh and Eight Years of Her Majesty Queen Victoria, intituled An Act to consolidate and amend the ‘Laws relating to Turnpike Trusts in South Wales.' And if any person shall act as a member of any district board before he shall have made and subscribed the said declaration, every such person shall for every such offence forfeit and pay the sum of 501., with full costs of suit, to any person or persons who'shall inform or sue for the same in any of Her Majesty's courts of record at Westminster.
LXXXVI. That the said county roads board acting in and for each of the said counties respectively shall, at their meeting to held next after the division of such county into districts shall have been determined and declared by the said Commissioners as aforesaid, elect and appoint such number of fit and proper persons as they shall deem necessary, not exceeding the number of the districts into which such county shall have been divided, to be the clerks to the several district roads boards acting in and for such districts respectively, and shall from time to time fix and appoint the salaries to be paid out of the said county toll fund to such clerks respectively; and such county roads board may at any subsequent meeting appoint such new and additional clerks, not exceeding in the whole such number as aforesaid, as they may from time to time deem necessary, and may fix the salaries to be paid to them respectively, and also at any such meeting, at their discretion, make orders for the removal of any such clerk, and whenever any such clerk shall be removed, or shall die or resign, or refuse to act, may at any subsequent meeting appoint some other fit and proper person in his stead.
LXXXVII. That the district roads board for each district respectively shall have power to direct and superintend all matters and things relating to the maintaining, repairing, and draining of the several turnpike roads within such district, and also the maintaining and repairing the turnpike gates, toll bars, and toll houses belonging to the same, and also the execution of any work or improvement which shall respectively have been placed under the direction and superintendence of such district roads board by the county roads board acting in and for the same county, and to direct and superintend the expenditure of all monies, and the use and application of all materials and things, which shall be appropriated to such district by the order of the said county roads board; and the acts, orders, regulations, and proceedings of such district roads boards, as to all the matters and things aforesaid, shall be binding and effectual; and such district roads boards shall cause accounts to be kept of the expesditure and application of such monies and materials as aforesaid, and of all debts incurred by them, and of the balance of money and materials remaining at their disposal, and the clerk of any district roads board shall, as often as he shall be required so to do, deliver or transmit such accounts to the said general superintendent of county roads, to be by him submitted to the county roads board of such county.
LxxxvIII. That it shall be lawful for the county roads board of each county, by their order, to assign and place to the credit or at the disposal of the several district roads boards in each county respectively such sum or sums of money out of the county toll fund hereinafter mentioned, and such quantity of materials or other necessary things purchased out of the said county toll fund, as the said general superintendent, by his estimate, to be laid before the said county roads board at their annual general meeting as hereinbefore provided, shall certify to be necessary and sufficient for the ordinary maintenance and repairs of the several turnpike roads within such districts respectively; and it shall also be lawful for the said county roads board, by their order as aforesaid, to place under the controul and superintendence of the said district roads boards respectively, subject to the restrictions and limitations herein before made and provided, any works or improvements to be done or executed in or upon any of the roads within such districts respectively; and for the purpose of enabling them to carry on and execute sueb works and improvements to place to their credit or at their disposal such monies, materials, and other things as aforesaid as the said general superintendent, by his estimate, shall certify to be necessary and sufficient for the performance thereof.
LXXXix. That the several district roads boards to be appointed and constituted in manner aforesaid shall meet first at such time and place as the said Commissioners shall, by their order, appoint for them respectively, and shall from time to time hold other meetings not less in number than six in each year, for executing the several powers and duties hereby vested in them, at such times, and at such cenvenient place or places within their respective districts, as the said Commissioners, upon the report and recommendation of the county roads board acting in and for the county to which any such district roads board shall belong, shall order and appoint; and all acts, matters, and things executed or done by any district roads board, in pursuance of this Act, at any such meeting, the whole number present at the time being not being less than three, shall be valid and effectual; and for the purpose of adjourning and voting at all such meetings, and generally for the regulation of their proceedings at all such meetings, as to all such things as may be done by such district roads boards, the several provisions of the said general Turnpike Acts, except so far as the same may be altered, varied, or repealed by the provisions of this Act, shall be applicable to the meetings of the said last-mentioned boards.
xc. That every district roads board, at their said first meeting, shall in the first place elect and appoint two fit and proper persons, being members of such board, to be the chairman and vice-chairman respectively of such board for three years; and the said chairman, or in his absence the said vice-chairman, shall preside at all meetings of such board, and shall have a casting vote in addition to his own vote; and in case at any meeting such chairman and vice-chairman shall both be absent then such other member as shall be chosen by the major part of the members present for the time being shall preside as chairman of such meeting ; and whenever any chairman or vice-chairman shall die or resign, or shall refuse to act, such
board shall, at their regular meeting to be held next after such death, resignation, or refusal, elect and appoint some other member or members of such board in his stead.
xci. That every district roads board shall at their said first meeting after the passing of this Act, and afterwards in every year at the regular meeting of such board which shall take place next before the 31st of December in each year, elect and appoint two fit and proper persons, being members of such board, to serve for the year then next ensuing as members of the county roads board acting in and for the same county to which such district roads boards shall belong, and the said persons so elected shall thereupon become and be duly qualified as lawful members of such county roads board, and shall have all the same rights, powers, and authorities as any other members of the same; and in case the persons so elected, or either of them, shall die, resign, or refuse to act, then it shall be lawful for the said district roads board, at their next regular meeting after such death, resignation, or refusal, to elect and appoint one or more fit and proper persons in their or his stead: Provided always, that nothing herein contained shall prevent the said district roads boards from re-electing the same persons, ar either of them, for the year next ensuing, nor from electing as a member of such county roads board any person who may have previously been chosen to serve as such member by any other district roads board.
xc11. That no person shall be capable of acting as a member of any county roads board, or of any district roads board, in any case in which he shall be personally interested within the meaning and according to the provisions and subject to the penalties declared and enacted in the said general Turnpike Acts, and the provisions in the said Acts contained, by which it is declared unlawful for the trustees or Commissioners of any turnpike roads under any local Act to hold any place of profit under such Act, or to be concerned or engaged in any contract for making or repairing, or in any way relating to the road or roads for which they shall respectively act, shall, together with all exceptions, restrictions, penalties, and clauses thereto relating, be applicable, except so far as the same may be varied, altered, or repealed by this Act, to all members of county roads boards and district roads boards respectively appointed under or acting in execution of this Act.
xcm. Provided and enacted, That no person shall be incapable of acting as a Justice of the Peace in any matter relating to the execution of this Act by reason of his being a member of any county roads board, or of any district roads board.
Xcif. That from and after the repeal of the said local Acts respectively the tolls to be collected on the several turnpike Toads in each and every of the said counties by virtue of this Act shall be respectively accounted for, and paid to the treasurer of the county roads board, and shall form in each county one common fund to be called the "County Roads Funds,” and the said county roads fund shall be administered and applied, subject to the provisions and restrictions hereinbesore contained by the said county roads board, and shall be applicable in the first place to the payment of such annuity as shall be charged upon such county roads fund, and such rates as aforesaid, according to the provisions hereinbefore contained; and the treasurer of every county roads board respectively is hereby directed and required, from and out of the first monies which shall come to his hands, to pay such annuity so charged as aforesaid when and as the same shall become due according to this Act; and, subject to such payment, the said county roads fund shall be applicable to the repair, maintenance, management, and improvement of the several turnpike roads within such county, and to the salaries of the officers of the several county and district boards respectively, and to such other just and necessary expenses as may be incurred in and about the management of the said turnpike roads, and in execution of the powers and provisions of this Act.
xcv. That in case it shall appear to any county roads board acting in and for any of the said counties respectively, at the annual general meeting of such board to be held under this Act, upon comparing the estimated receipts and expenditure of and for such county in respect of turnpike roads for the year next ensuing, which shall be made out and submitted to such board by the said general superintendent as aforesaid, that the said county roads fund will in the year next ensuing be insufficient for the several purposes to which the same is by this Act made applicable, such county roads board shall thereupon proceed to determine what amount of money will be necessary and sufficient, in addition to such county roads fund, to meet and supply the several purposes aforesaid; and the said county roads board shall then certify the sum of money necessary as aforesaid by a certificate in writing, to be signed by the chairman of the said board at their said meeting, and which shall be forthwith transnfitted by the clerk of such board to the clerk of the peace or deputy clerk of the peace for such county; and the said clerk of the peace, or his deputy, shall produce the said certificate to the Justices of the Peace for such county at their general Quarter Sessions assembled which shall be held next after he shall have received the same: Provided always, that the sum so certified by any county roads board to be required in aid of such county roads fund shall in no case exceed the yearly sum which shall be payable by way of annuity as aforesaid to the said Public Works Loan Commissioners by the county in which such sum shall be required.
xcvi. That the Justices of such county in such general Quarter Sessions assembled shall, for the purpose of raising the monies specified in such certificate, make a fair and equal rate, to be called "The County Road Rate," and for that purpose shall assess and tax the whole of such county according to a certain pound rate of and upon the full and fair annual value of all messuages, lands, tenements, and hereditaments within the said county, to be computed according to the valuation for the time being acted upon in assessing the county rate of such county, which said county road rate shall be levied, collected, and paid in the same manner, and by the same persons, and under the same powers, provisions, and authorities, as any county rate now by law authorized to be collected from the persons liable to contribute to the same: Provided always, that whenever the said county road rate shall be collected together with and as part of the ordinary county rate, the warrants issued by the said Justices to the high constables, and by the high constables to the overseers and others required by law to collect the county rates, shall state how much is levied for the ordinary county rate, and how much for the said county roads rate, and the said rates shall be levied accordingly.
XCVII. That for the purpose of obtaining the sum which ought to be contributed towards the said county roads rate by any liberty or franchise not contributing to the county rate of any such county, it shall be lawful for the said Justices so assembled as aforesaid to make a rate, in just and equal proportion to the pound rate to be levied upon property liable to the county fate as aforesaid, upon all property within any liberty or franchise which shall be liable to any liberty rate, or rate in the
nature of a county rate therein, according to the valuation of such property acted upon, and for the time being, in assessing the said liberty rate, or rate in the nature of a county rate, in such liberty or franchise; and the said Justices shall thereupon issue their warrant under the hands of two or more of them, by which warrant they shall require the treasurer, or other person having the receipt of any liberty rate, or rate in the nature of a county rate, within such liberty or franchise, to pay to the treasurer of such county, out of the monies collected by way of liberty rate, or rate in the nature of a county rate, the amount mentioned in such warrant; and every such warrant shall specify the rate in the pound at which the sum therein mentioned shall be computed.
xcviu. That the Justices of such liberty or franchise shall order a rate to be made, at the rate mentioned in the said warrant, upon the property so liable as aforesaid within such liberty or franchise, which shall be levied and collected therein as part of the liberty rate, or rate in the nature of a county rate, to which such liberty or franchise is liable, in like manner as the said county road rate is hereinbefore directed to be levied and collected in such parts of any county as are liable to any county rate, and shall be paid over by the treasurer, or other person having the receipt of any liberty rate, or rate in the nature of a county rate, within such liberty or franchise, within forty days from the receipt of such warrant, to the treasurer of the county from the Justices of which such warrant shall have issued.
xcix. That if payment shall not be made within the said forty days, according to the exigency of the said warrant, or if there shall be no person to whom such warrant can be directed, or no liberty rate, or rate in the nature of a county rate, to which the inhabitants of such liberty or franchise contribute, or if for any other reason it shall seem more convenient to the said last-mentioned Justices, it shall be lawful for them to levy upon any liberty or franchise the full amount of the rate to which they shall have determined such liberty or franchise to be liable as aforesaid; and for the purpose of levying and collecting such rate, the said Justices shall have, for the purposes of this Act, within every such liberty or franchise respectively, the same powers which they have for levying and collecting county rates within the limits of their own commnission, and such rate may be levied and collected by the like methods and subject to the same right of appeal as are applicable to any county rate collected within the parts of any county liable to the same; and the high constable of every hundred or other division in which such liberty or franchise shall be wholly or in part locally situated, on the receipt of a warrant to that effect, under the hands of two or more of the said Justices, shall collect the said rate; and the overseers of the poor, or in default of overseers, or in case there shall be no separate rate for the relief of the poor in any portion of such liberty or franchise, then such person or persons as the said Justices in Quarter Sessions assembled shall appoint for that purpose, in every parish or place to which such liberty or franchise or any part thereof shall belong, upon receipt of a warrant to that effect from the said high constable, shall pay the amount assessed upon their parish or place respectively, or upon that part of it which is liable thereto, in like manner, and subject to the like penalties in cause of default, as if such liberty or franchise were,
for the purpose of a county rate, and for all other intents and purposes, a part of such county. c. That the treasurer of any of the said counties, or any person having an order for that purpose under the hand of such treasurer, may inspect any liberty rate, or rate in the nature of a county rate, made or to be made for any liberty or franchise locally situate within such county, and may also inspect any returns relating to any of the parishes or places the inhabitants of which shall be liable to be rated as aforesaid, which have been or are to be delivered in pursuance of any of the Acts relating to county rates, and may take copies or extracts of or from any such rates or retums without payment of any fee or reward ; and if any person having the custody of any such rate or return shall wilfully neglect or refuse to permit any such treasurer or other person authorized as aforesaid to inspect the same, or to take copies of or extracts from the same, for two days after such order shall have been produced and shewn to him, or a copy thereof left at his usual place of abode, he shall, on conviction thereof before any two Justices of the Peace, forfeit and pay for every such offence such sum, not exceeding 101., as they shall think meet.
And after reciting that it is expedient that the charge to be created in respect of such county road rate should be imposed upon the owners and proprietors of land within the said counties respectively :
It is Enacted, ci. That any person who shall occupy any lands or tenements in any of the said counties, or in any liberty or frarchise locally situated therein, having any interest not amounting to a freehold interest in the same, and not being tenant thereef for any term exceeding thirty years certain from the commencement of such term, who shall be called upon to pay any monies in respect of such rate, shall be entitled to demand a receipt in writing for the same, and upon producing such receipt shall be entitled to deduct from the rent next payable to the landlord or person under whom he holds or occupies such lands or tenements so much as he shall have paid on account of such rate during the same period in respect of which such rest shall be due and payable, and such landlord or other person shall allow such deduction upon receipt of the residue of the said rent; and such occupier, lessee, or tenant shall be acquitted and discharged of so much money as he shall have paid in respect of such rate in the same manner as if the same had been actually paid to such landlord or other person.
ci. That the treasurer of any county in which such rate shall have been levied as aforesaid shall, so soon as the sarr.e shall have been collected, pay over all monies received in respect of the same to the treasurer of the county roads Eoard acting in and for such county, and such monies when so paid over shall form a part of the county roads fund for such county, and shall be applicable as such to the several purposes to which the said county roads fund is hereinbefore directed to be applied.
cu. That it shall be lawful for any county roads board, at any regular meeting held under this Act, if in their judgment, with reference to the state of the county roads fund, and the state and condition of the roads in their county, or otherwise, it shall be necessary or expedient so to do, to determine what proportion, if any, of the carriage or haulage of materials required to be carried or drawn for the purpose of making or repairing any turnpike roads in such county shall be done and performed by or at the cost of the inhabitants of any parish, township, or place in which any part of such roads shall be locally situate, and in pursuance of such determination to make such order in writing as to them shall seem meet, which said order shall be