Imatges de pàgina
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VI. Provided always, and be it further enacted, That in case the said Commissioners shall not make the said intended New or Branch Roads within the Space of Seven Years from the passing of this Act, then and in such Case it shall not be lawful for the said Commissioners to make the same without the Consent in Writing of the Owners of the Lands over and through which such Roads shall thereafter be made first had and obtained.

The New Roads to be made within

Seven Years.

After 1st Jan.

next, certain Roads no

Act.

VII. And be it further enacted, That from and after the First Day of January next after the passing of this Act, the Roads mentioned and described in the Fifth, Eighth, and Eleventh Parts of longer to be the First Schedule annexed to the said recited Act shall cease to repaired by be maintained, repaired, lighted, watched, or watered by the Com- Commissioners missioners acting in Execution of that Act, with the Exceptions under recited hereinafter mentioned; (that is to say,) so much of the Road mentioned and described in the said Fifth Part of the said First Schedule to the said Act as lies between the Carriage Bridge over the Regent's Canal at Maida Hill and Kilburn Bridge, in the County of Middlesex; and the following Roads and Parts of Roads mentioned and described in the said Eighth Part of the said First Schedule to the said Act; (that is to say,) the Road commencing at the Angel at Islington, but in the Parish of Clerkenwell, and leading from thence through Holloway to Highgate Gatehouse; the Branch Road diverting at the Turnpike Gate at Islington, running to the West of the Town of Islington, and joining with the said lastmentioned Road at Holloway, and commonly called the Back Road; the Road from Lower Street, Islington, to Newington Green, called the Lower Road; the Road called Cross Street, from the Upper Street to the Lower Street; and the Road from Ball's Pond Gate to Kingsland; the Road. commencing at Battle Bridge, and leading from thence, by Saint Pancras Church, through Kentish Town, to Highgate Gatehouse; the Road commencing at Saint James's Chapel, in the Parish of Saint Pancras, leading from thence through Camden Town, and uniting with the said last-mentioned Road at or near a Public House called the Black Horse, at Kentish Town; the Road leading from the said last-mentioned Road to Hampstead, and terminating at or near a Public House called the Red Lion; the Branch Road from the said Highgate to the said Hampstead Road, called Figg Lane; which Roads and Parts of Roads so excepted shall, for all Purposes of maintaining, repairing watching, lighting, and watering the same respectively, continue subject to the Provisions of the said recited Act.

VIII. And be it further enacted, That the several Roads and Parts of Roads which, under the Provision lastly herein-before contained, shall, from and after the said First Day of January, cease to be maintained and repaired, watched, watered, or lighted, by the said Commissioners acting in Execution of the said recited Act, shall from thenceforth be deemed and considered to be common Highways, and shall be maintained, repaired, watched, watered, and lighted by the Parishes in which the same are respectively situate, by the respective Surveyors or Persons appointed or to be appointed under and by virtue of an Act passed in the Thirteenth Year of the Reign of His late Majesty King George the Third, intituled An Act to explain, amend, and reduce into One Act of Parliament the Statutes now in being for the Amendment and Preserv

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Such Roads from that Period to be

deemed common Highways, and to be maintained and repaired as such.

Not to extend to watching and lighting in certain Cases.

The Mainte

nance of the

Road from Oxford Street to Maida Hill divided between the Parishes of Marylebone and Padding

ton.

Highways in
St. Pancras

subject as other

ation of the public Highways in that Part of Great Britain called England, and for other Purposes; and the Expences thereof may and shall be assessed and levied, under the Provisions of the said Act, upon the Whole of such Parish or Parishes, any Act of Parliament, Custom, or Usage to the contrary notwithstanding.

IX. Provided always, and be it further enacted, That nothing in this Act contained shall extend or be construed to extend to the watching, lighting, or watering any Parts of the said Roads which are at present watched, watered, or lighted under any Act or Acts of Parliament; but the Provisions of this Act shall in such Case only extend to the maintaining and repairing of such Parts of the said Roads.

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X.And Whereas the Parishes of Saint Marylebone and Paddington extend on either Side to the Centre of the Road from Oxford Street to the said Carriage Bridge over the Regent's Canal at Maida Hill, being a Portion of the Roads mentioned and described in the Fifth Part of the First Schedule annexed to the 'said recited Act, and hereinbefore directed to be maintained and repaired as common Highways by the Parishes in which such Roads are situated; and for the Purposes of such Maintenance and Repair it will be expedient that such Road shall be main'tained and repaired by the said several Parishes in longitudinal Proportions, as for that Purpose next hereinafter specified;' Be it further enacted, That the Parish of Saint Marylebone shall maintain and repair so much of the Carriageway of the said Road, from Channel to Channel, as extends Northward from Oxford Street to the South Side of Chapel Street, in a Line across to the South Side of Praed Street; and the Parish of Paddington shall maintain and repair the remaining Portion of the said Road as far as the South Side of the said Carriage Bridge over the Regent's Canal at Maida Hill; and that for the Purposes of such Repair and Maintenance the said Two several Portions of the said Road shall be deemed to be within the said Parishes of Saint Marylebone and Paddington respectively, and shall be subject to the sole Orders, Controul, and Jurisdiction of the Vestrymen of the said Parishes respectively, as the Case may be; and that no Alteration whatsoever shall be made in the Level of the Channels of the said Road, or any Portion thereof, without the mutual Consent of the Vestries of the said Two Parishes for that Purpose in Writing first had and obtained: Provided always, that nothing herein contained shall extend to alter the Boundaries of the said Two several Parishes, nor to vary any Jurisdiction as to the Footways of the said Road, or as to the Houses, Tenements, Buildings, or Hereditaments abutting on the said Road, and the Parochial Rates or Assessments thereon; but that the Boundaries of the said Two several Parishes, and the Jurisdiction over the Footways of the said Road, and the present and all future Parochial Rates or Assessments upon the Houses, Tenements, Buildings, or Hereditaments abutting on the said Road, shall continue in full Force and Effect as if this Act had not been made; any Thing herein-before contained to the contrary thereof in anywise notwithstanding.

XI. And be it further enacted, That all and every the Roads and Parts of Roads within the said Parish of Saint Pancras, and by this Act declared to be common Highways, shall be subject to the

same

same Controul and Management, and be repaired and maintained Parts of the from the same Funds (except as to Limitation of Expenditure), as Parish. the Highways and Footpaths within the said Parish are by Law subject and liable to and chargeable upon; any Thing herein contained to the contrary thereof in anywise notwithstanding.

from such

Roads.

XII. And be it further enacted, That within One Calendar Month Turnpikes to next after the said First Day of January the said Commissioners be removed acting in Execution of the said recited Act shall cause all the Toll Gates, Bars, and Side Gates which have been set up upon or by the Side of the several Roads and Parts of Roads which, under the Provision herein-before contained, will, from and after the said First Day of January, cease to be maintained, repaired, watched, watered, and lighted by the said Commissioners, to be pulled down and removed, and the Materials to be sold; and the said Commissioners shall apply the Monies arising from such Sale to the general Purposes of the said Act.

XIII. And be it further enacted, That from and after the said First Day of January no Rate or Assessment shall be made, under the Authority of the said recited Act, upon any Person, by reason of his or her inhabiting, holding, using, possessing, occupying, or enjoying any House, Shop, Warehouse, Coach-house, Stable, or other Building, Yard, Garden, or Ground within Two hundred Yards of that Part of the Road mentioned and described in the Fifth Part of the First Schedule annexed to the said Act, which will, under the Provisions herein-before contained, cease to be maintained, repaired, watched, watered, or lighted by the Commissioners acting in Execution of the said recited Act or within One hundred Yards of any Part of the Roads mentioned and described in the Eighth Part of the First Schedule annexed to the said Act, which will also, under the Provisions herein-before contained, cease to be maintained, repaired, watched, watered, and lighted by the said Commissioners; but in all other Respects the Powers of rating given by the said recited Act, and all Provisions relating thereto, shall continue in full Force and Virtue.

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No Rate for
Houses on

such Roads.

XIV. And Whereas by the said recited Act of the Seventh Repealing Pro• Year aforesaid it was enacted, That the clear yearly Rents and vision in Act • Profits of the Lands and Hereditaments therein mentioned to be 7 G.4. directvested in the Keepers and Governors of the Possessions, Reve-ing a certain Payment to the nues, and Goods of the Free Grammar School of John Lyon, Parish of Padwithin the Town of Harrow-on-the-Hill in the County of Middle- dington. sex, in Trust as therein mentioned, should, after paying the Expences of the said Keepers and Governors, be paid over annually by them into the Bank of England, to the Credit of the Commissioners acting in Execution of that Act, who should pay over • One equal Seventeenth Part of so much of the said Rents and Profits as should have arisen from the Lands and Hereditaments conveyed by the Indenture of the Nineteenth Day of December in the Twenty-fifth Year of the Reign of Queen Elizabeth, in the said Act particularly mentioned, to the Vestry of the Parish of Paddington, or as they should direct, to be by them applied in or towards the repairing, improving, watching, watering, and lighting of so much of the Road from London to Harrow as lies between the Red Lion Inn at Paddington and the first Carriage Bridge over the Grand Junction Canal, and should apply the

remaining

Directing certain Payments of the Rents of

John Lyon's
Estates to the

Parishes of Pad.
dington and
Marylebone.

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remaining Sixteen Seventeenth Parts of the said last-mentioned 'clear Rents and Profits, pursuant to the Provision of that Act, in repairing, improving, watching, watering, and lighting the Roads mentioned and described in the Fifth and Sixth Parts of the said First Schedule thereto annexed; and should apply so 'much of the clear yearly Rents and Profits as should have arisen 'from the Lands and Hereditaments conveyed by the Indenture of the Sixth Day of July in the Twenty-first Year of the Reign ⚫ of Queen Elizabeth, in the said Act particularly mentioned, pur'suant to the Provisions of that Act, in the first Place, in repairing, improving, watching, watering, and lighting the Roads mentioned ' and described in the Fifth and Seventh Parts of the said First Schedule thereto annexed, and, subject thereto, in repairing, im'proving, watching, watering, and lighting the Road mentioned and described in the Sixth Part of the said First Schedule thereto annexed: And Whereas Parts of the Roads which the said Rents ' and Profits respectively are by the said Act directed to be applied by the said Commissioners in repairing, improving, watching, watering, and lighting, will, under the Provisions herein'before contained, cease to be maintained and repaired by the " said Commissioners, and a Portion thereof will be maintained and repaired by the said Parish of Paddington, and the other Part thereof by the Parish of Saint Marylebone; and it is proper therefore that corresponding Portions of the said Rents and Pro'fits should be paid by the said Commissioners to the said Parishes respectively; Be it therefore further enacted, That, from and after the said First Day of January next, so much of the said recited Act as directs the Payment and Application of the said Rents and Profits in Manner aforesaid by the said Commissioners, from and after the said First Day of January next, shall be and the same is hereby repealed.

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XV. And be it further enacted, That the said Commissioners shall from Time to Time, as and when they shall receive the same, pay to the Vestry of the said Parish of Paddington, or as they shall direct, One equal Eleventh Part of the clear yearly Rents and Profits which shall arise from the Lands and Hereditaments conveyed by the said Indenture of the Nineteenth Day of December in the Twenty-fifth Year of the Reign of Queen Elizabeth, from and after the said First Day of January next; and the said One Eleventh Part of the said Rents and Profits shall be applied by the said Vestry in or towards the repairing, improving, watching, watering, and lighting of so much of the Road from London to Harrow as lies between the South Side of Chapel Street aforesaid and the first Carriage Bridge over the Grand Junction Canal on the Harrow Road; and that the said Commissioners shall pay to the Vestrymen of the Parish of Saint Marylebone, or as they shall direct, Three equal Twentieth Parts of the said last-mentioned Rents and Profits, to be by the said last-mentioned Vestrymen applied in or towards the repairing, improving, watching, watering, and lighting of so much of the Road from Saint Giles's Pound to Harrow-on-the-Hill as, under the Provisions herein-before contained, will be maintained and repaired by the said Parish of Saint Marylebone; and that the said Commissioners shall also pay to the said Vestry of the Parish of Paddington, or as they shall direct, Two equal Thirty

ninth Parts of the clear yearly Rents and Profits which shall arise from the Lands and Hereditaments conveyed by the said Indenture of the Sixth Day of July in the Twenty-first Year of Queen Elizabeth, and be received by the said Commissioners after the said First Day of January next, to be by the said Vestry applied in or towards the repairing, improving, watching, watering, and lighting of so much of the Road from Saint Giles's Pound to Edgeware as, under the Provisions herein-before contained, will be repaired and maintained by the said Parish of Paddington; and shall also pay to the said Vestrymen of the Parish of Saint Marylebone, or as they shall direct, Seven equal Thirty-ninth Parts of the said last-mentioned clear yearly Rents and Profits, to be by the said last-mentioned Vestrymen applied in or towards the repairing, improving, watching, watering, and lighting of so much of the said Road from Saint Giles's Pound to Edgeware as, under the Provisions herein-before contained, will be maintained and repaired by the said last-mentioned Parish; and the said Commissioners shall apply the Residue of the clear yearly Rents and Profits which shall arise from the Lands and Hereditaments conveyed by the said Indenture of the Nineteenth Day of December in the Twenty-fifth Year of the Reign of Queen Elizabeth, towards the repairing and improving of the Roads comprised in the Sixth District hereinafter described; and shall apply the Residue of the clear yearly Rents and Profits which shall arise from the Lands and Hereditaments conveyed by the said Indenture of the Sixth Day of July in the Twenty-first Year of the Reign of Queen Elizabeth, in the first Place, towards the repairing and improving of the Roads comprised in the Seventh and Eighth Districts hereinafter described, and, subject thereto, in or towards the repairing and improving of the Roads comprised in the said Sixth District.

of the Rents of

XVI. And Whereas Edward Harvist, Citizen and Brewer of Directing cerLondon, by his Will, bearing Date the First Day of February tain Payments • One thousand six hundred and ten, gave to the Master, Wardens, Edward Har⚫ and Commonalty of the Art or Mystery of Brewers of the City vist's Estates to the Parishes of

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bone.

' of London, and their Successors, Two Closes of Meadow called 'London Fields, with the Appurtenances, situate in or near Hollo- Paddington way in the Parish of Islington, in the said County of Middlesex, and Maryleto the Intent that the said Master, Wardens, and Commonalty should employ all the Rents and Profits thereof (except Forty Shillings) upon the repairing and amending of the Highway between Tyburn and Edgeware (in the said Will called Edgeworth) in the said County of Middlesex: And Whereas it is " proper that proportionate Parts of the said Rents and Profits (the Whole of which are, under the Provisions of the said recited Act of the Seventh Year aforesaid, accounted for and paid over to the Commissioners acting in Execution of that Act,) should be paid over by the said Commissioners to the said Parishes of Paddington and Saint Marylebone, by whom Portions of the said Road from Tyburn to Edgeware will, under the Provisions herein-be'fore contained, be maintained and repaired;' Be it therefore further enacted, That the said Commissioners shall (from Time to Time, as and when the same shall be received by them,) pay to the Vestry of the Parish of Paddington, or as they shall direct, One equal Sixteenth Part of the said last-mentioned Rents and Profits

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