Aberdeenshire Roads Act 1865

Publication Date:January 01, 1865
Aberdeenshire Roads Act 1865

(28 & 29 Vict.) c. ccxl

An Act for more effectually maintaining and keeping in repair the Roads, Highways, and Bridges in the County of Aberdeen ; for making new Roads in the said County; and for other Purposes.

[5th July 1865]

ANNO VICESIMO OCTAVO & VICESIMO NONO VICTORLE REGIN.E. ***************************#*************#*^****4** Cap. ccxl. An Act for more effectually maintaining and keep ing in repair the Roads, Highways, and Bridges in the County of Aberdeen ; for making new Roads in the said County; and for other Pur poses. [5th July 1865.] W HEREAS an Act was passed in the Thirty-ninth and Fortieth Years of the Reign of His late Majesty King George the Third, intituled An Act for repealing an Act 39&40G.3. passed in the Thirty-fifth Year of His present Majesty's Reign, inti- c- 32- tuled "An Act for making and repairing certain Roads in the County " o/Aberdeen," and for the more effectually amending, widening, repair ing, and keeping in repair the said Roads and other Roads in the said County, and for levying a Conversion Money in lieu of the Statute Labour, and otherwise regulating the making and repairing the High Roads and Bridges in the said County, which Act, except in so far as regards the Turnpike Roads in the County, is still in force and is herein after called the firstly-recited Act: And whereas another Act was passed in the Eighth and Ninth Years of the Reign of Her present Majesty, intituled An Act for amending the Laws concerning Highways, 8 & 9 Vict. Bridges, and Ferries in Scotland, and the making and maintaining c* 41- [Local] 38 S thereof 3474 28 & 29 VICTORIA, Cap.ccxl The Aberdeenshire Roads Act, 1865. thereof by Statute Service, and by the Conversion of Statute Service into Money, which Act is herein-after called the secondly-recited Act: And whereas another Act was passed in the First and Second Years of the Reign of His late Majesty King William the Fourth, intituled 1 & 2 W. 4. An Act for amending and making more effectual the Laws concerning c. 43. Turnpike Roads in Scotland, which Act is herein-after called the thirdly-recited Act: And whereas another Act was passed in the Seventh Year of the Reign of His late Majesty King William the 7 W. 4. & Fourth, intituled An Act for making and maintaining certain Roads l Vict. in tfoe Qounty 0f Aberdeen, which Act is herein-after called the fourthly- recited Act: And whereas another Act was passed in the Fifth Year 5 & 6 Vict, of the Reign of Her present Majesty, intituled An Act for more effec- c. xxxvin. iuai\y maintaining and repairing certain Roads in the Counties of Aberdeen, Banff, and Kincardine, and for making certain new Roads in the said Counties or some of them, which Act is herein-after called the fifthly-recited Act: And whereas another Act was passed in the Eighteenth and Nineteenth Years of the Reign of Her present Majesty, 18& 19Vict, intituled "The Ballater Turnpike Road Act, 1855," which Act is c. cxln. herein-after called the sixthly-recited Act: And whereas certain Roads and Bridges within the County, which had been made and maintained by the Commissioners for Highland Roads and Bridges, 25&26Vict, were by "The Highland Roads and Bridges Act, 1862," transferred c-105- to and vested in the Commissioners of Supply of the County, and are now managed and maintained by them: And whereas the Trustees respectively appointed under the said several firstly, fourthly, fifthly, and sixthly recited Acts have made and maintained the Turnpike Roads, Highways, and Bridges in the said Acts mentioned and authorized, and have for the Purposes of the said Acts and in carrying the same into execution accepted and applied Subscriptions to a large Amount, and have also for these Purposes borrowed and applied considerable Sums of Money, and in respect of the Sums so subscribed and borrowed a large Debt still remains due and owing, secured partly upon the Credit of the Tolls, Assessments, and Duties authorized by the said Acts, and partly upon the personal Security of the Trustees acting in execution thereof respectively: And whereas the Revenue arising from the said Tolls, Assessments, and Duties is insufficient to pay the Interest of the said Debt and the Expense of the Maintenance and Management of the said Roads, Highways, and Bridges: And whereas it is expedient that Provision should be made for paying off or extinguishing the said Debt in manner herein-after directed: And whereas it is also expedient that the whole of the Turnpike and other Roads, Highways, and Bridges within the County of Aberdeen, with the Exception of those within the Burgh of Aberdeen, for which special Provision is herein-after made, should be placed under uniform Management and Control in manner and subject to the Conditions and Provisions herein-after expressed and contained, and that a Body of Trustees 28 & 29 VICTORIA, C^.ccxi. 3475 The Aberdeenshire Roads Act, 1865. Trustees should with that view be appointed for the County, with Powers for the Completion, Maintenance, Management, and Repair of the said Roads, Highways, and Bridges, and the Formation and Construction of other Roads and Bridges within the County by means of the several Assessments hereby authorized, and that the Tolls, Duties, and Assessments leviable within the County under the said recited Acts or any of them should be abolished at and from the Fifteenth Da}^ of May One thousand eight hundred and sixty-six: And whereas it is likewise expedient that such of the said Roads, Highways, and Bridges as are situate within the Parliamentary Boundaries of the Burgh of Aberdeen should be placed under the Management and Control of a separate Body of Trustees, with the Powers and subject to the Conditions and Provisions herein-after expressed : But these Objects cannot be effected without the Authority of Parliament : May it therefore please Your Majesty that it may be enacted; and be it enacted by the Queen'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, as follows ; (that is to say,) 1. This Act shall take Effect as at, from, and after the Third Commence- Monday after the passing thereof, and may be cited for all Purposes men as " The Aberdeenshire Roads Act, 1865." 2. From and after the Fifteenth Day of May One thousand eight Acts re- hundred and sixty-six, the said firstly, fourthly, fifthly, and sixthly pea e * recited Acts shall, subject to the Provisions of this Act, be and the same are hereby repealed. 3. In this Act the following Words and Expressions shall have Interpreta- the Meanings hereby assigned to them respectively, unless there be ^^ something in the Subject or Context repugnant to such Construction; (that is to say,) The Word " Sheriff" shall mean the Sheriff of the County of Aberdeen, and shall include Sheriffs Substitute: The Expression "the Trustees" shall mean the general County Road Trustees appointed and acting under this Act for the County of Aberdeen; and the Expression " the District Trustees " shall mean the Trustees appointed and acting under this Act for any of the Districts into which the County is divided for the Purposes of this Act, as after mentioned : The Word " Clerk" shall mean the County Road Clerk appointed and acting for the Time being under this Act: The Word " Collector " shall mean the Collector of County Rates for the County for the Time being : The Word " Creditor " shall include the Trustee, Tutor, or Curator. Judicial Factor, or Curator bonis of any Creditor: The 3476 28 & 29 VICTORIA, Cap.ccA The Aberdeenshire Roach Act, 1865. The Word "County" shall mean the County of Aberdeen, in-eluding the whole Royal, Parliamentary, and other Burghs therein, with the Exception of the Burgh of Aberdeen, and including also the following Parts of the County of Banff locally situated within the said County of Aberdeen, namely, the Parish of Saint Fergus, the Barony of Fetterangus in the Parish of Old Beer, the Barony of Gartly iu the Parish of Gartly, and the Lands of Straloch in the Parish of Newmachar, and also including the Parishes of Gamrie and Inverkeithney, that Part of the Parish of Alvah lying on the Right Bank and East of the River Deveron, and those Parts of the Parish of Rothiemay lying on the Right Bank and South and East of the said River: The Word " Burgh " shall mean and include any Royal or Parliamentary Burgh within the County except the Burgh of Aberdeen: " The Roads" shall mean and include all Turnpike Roads and Bridges now vested in or otherwise belonging to the Turnpike Road Trustees of the County under the said recited Acts or any of them, and all Turnpike Roads and Bridges by this Act wholly or partially vested in the Trustees: " The Highways" shall mean and include all Statute Labour Roads and Bridges within the County now vested in or otherwise belonging to the Commutation Road Trustees, or the Commissioners of Supply, or the Justices of the Peace of the County under the said recited Acts or any of them; and all Statute Labour Roads and Bridges within the County by this Act vested in the Trustees, and also all Roads which shall be made under the Authority of this Act, and all other public Roads iu the County, made or to be made, which the Trustees or the District Trustees may consider of sufficient public Importance to be maintained by means of the Assessments by this Act authorized: The Word " Tolls" shall include Pontages: The Words " Proprietor," " Tenant," " Occupier," and " Factor," and the Expression " Lands and Heritages," shall have the same Meanings as are attached thereto respectively in and by the Act Seventeenth and Eighteenth Victoria, Chapter Ninety-one, intituled An Act for the Valuation of Lands and Heritages in Scotland; and the Expression " the Valuation Rolls " shall mean the Valuation Rolls in force for the Time for the County, and each of the Royal or...

To continue reading

Request your trial