Mertoun Mill Bridge over Tweed (Berwickshire) Act 1837

Publication Date:January 01, 1837
 
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Mertoun Mill Bridge over Tweed (Berwickshire) Act 1837

(7 Will. 4 & 1 Vict.) c. lx

An Act for building a Bridge over the River Tweed, at or near to Mertoun Mill in the County of Berwick, and for making Avenues and Approaches thereto

[8th June 1837]

ANN0 SEPTIMO GUL I IY GIs. Cap. lx. An Act for building a Bridge over the River Tweed, at or near to Mertoun Mill in the County of Berwick, and for making Avenues and Approaches thereto. [8th Juize 18t3r.] HEREAS the Want of a Bridge across the River Tzueed, on the Line of Road from the Towns of' Sellzirk, Saint Boswells, and other Towns, to the Borough and Port of Berwick-upon-Tweed, is attended with great Inconvenience, as the Fords in the said River are dangerous and often impassable: And whereas the Erection of' a Bridge over the said River Tweed at or near to Mertoun Mill in the Parish of Mertoun and County of Berwick would obviate this Inconvenience, and be of great Advantage to the Public ; but as SO useful and so expensive a Work cannot be effec- tually executed and maintained without the Aid and Authority of Parliament, May it therefore please Your Majesty that it may be enacted ; and be it enacted by the King's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual aid Teniporal, and Commons, in this present Parliament assembled, and by the Authority of' the same, That the Honourable Hewy Francis Trustees. Repburn Scott of Humbie, and younger of Hura'en, the Honourable and Reverend William Hugh Scott, the Honourable Francis Scott, George Baillie of Jeruiswoode, George Baillie the younger of Jer- viswoode, TViliiam Scott of' Rueburn, Archibald Doug!as of Edderstone, [Local.] 21 E Murk 1858 Trustees in the Com- mission of' the Peace iuay act as such. Trustees not to hold any Place of Profit under the Act. Power to appoint ad- d i ti mal Trustces. Power to Trustees to cancies. supply Va- IV. cap. lx. Marl; Sprott of Riddell, Donald Horne of Lang-well, Admi White of Fens, or in his Absence Robert White, Writer to the Signet, his Son, ,James Curk of' Evelaw, .James Erslcine of Sheigeld, Abxancler Ku~ of CIiarle@eld, Aridrem Brydon of Weirgate, ,James Cochrane, residing in Lessudden, Peter Brodie of Southbank, Thomas Ilkkinson, Tenant of' LWaidenliall, James Rae of Temple, David Armstrong, residing at Clintmains, and Andrew Dods, residing at Clintmrcins, the Chamberlain or Factor upon the Estates of his Grace the Duke of Bucclezich and Queensberry situated within the Counties of Roxburgh or Selkirlc for the Time being, the chamberlain or Factor upon the Estates of the Most Noble the Marquis of Lotiia?z situated within the Co~inty of' Roxburgh for the Time being, and the Chamberlain ar Factor upon the Estates of the Right Honourable Lord Polwarth situated within the County of Berwiclc for the Time being, provided that each of them (with the Exceptions herein-after mentioned) is qualified in manner herein-after mentioned, as also all and every Person or Persons, being qualified in manner hereinafter mentioned, who has subscribed or shall subscribe and pay the Sum of' Forty Pounds Sterling or upwards towards the building,. erecting, and main- taining the said Bridge, and malhg arid maintaining the Avenues and Approaches thcreto, shall be and they are hereby nominated and appointed Trustees for building, erecting, and maintaining the said Bridge, and making and maintaining the said Avenues and Approaches thereto, and for putting into execution all the Powers and Authorities in and by this ,4ct give11 and granted. 11. And be it fiirther enacted, That such of the said Trustees who are or may be in the Commission of the Peace for the Counties of Berwick or Roxburgh respectively mav nevertheless act as Justices of the Peace for more effectually putting in execution the several Powers and Authorities in this Act mentioned and contained. 111. And be it further enacted, That if any Person by this Act appointed or entitled to be a Trustee fbr putting this Act in execu- tion shall accept of any Place of Profit arising out of' or by reason of' any Tolls or Poiitages by tliis Act granted, such Person or Persons shall from thenceforth, and while he shall continue to hold and enjoy such Place of Profit, be disabled to act as a Trustee. IV. And be it further enacted, That it shall and may be lawful for the said Trustees, or any Three or more of them, and they are hereby authorized and required, at one or other of' the Three First General Meetings to be holden in pursuance of this Act, to elect any Number of Persons not exceeding Six in the whole to be Trustees for the Purposes of this Act, together with the said Trustees hereby ap- pointed; and every Person who shall be so elected shall have the same Power and Authority to act as a Trustee in the Execution of the Powers arid Authorities hereby granted as if' he had been appointed a Trustee by this Act. V. And be it further enacted, That upon the Death of any One or n~~re of the Trustees appointed by this Act, or to be elected as aforesaid, or npon any One or inore of them resigning the Office or becoining 7" GULIELMI IV. Cap.1~. 1859 becoming incapable to act, or ceasing to have the Qualification herein- after mentioned, it shall and may be lawful for any Three or more of the surviving or continuing Trustees at a General Meeting assembled (Ten Days previons Notice of' the said Meeting, and of the Intent and 13usiness thereoc having been first given to the Trustees in manner after mentioned) to choose, nominate, and appoint, in the Room of each 'I'rustee sa dying or resigning, or becoming incapable or disqualified to act, some other fit and proper Person or Persons to be joined with the other or surviving or con- tinuing Trustees in the Execution of' all and every the Powers and Authorities in them by this Act vested and reposed; and all and every the Person or Persons so chosen, nominated, and appointed as a Trustee or Trustees as aforesaid shall and niay and are hereby autho- rized and empowei-ed to act to all Intents and Purposes in as f'ull and ample a Manner for putting the present Act in execution as the other Trustees nominated and appointed by this Act. VI. Provided always, and be it further enacted, That no Person Qualification shall be qualified or capable of acting as a Trustee in any Case ofTrustees* whatsoever in the Execution of this Act (excepting always the eldest Sons and the Heirs Apparent of' qualified Persons, and the Husbands of' M70men having the necessary Qualification, and ex- cepting the Chamberlains and Factors or other Representatives of' Trustees having the necessary Qualification) unless he shall have been an original Subscriber, or be in the Riglit, of' himself or his Wife, of' an original Subscription to the said Bridge and Avenues to the Extent of Forty Pounds or upwards, arid also possessed as a Proprietor or Liferenter of Lands or Houses in the said Counties of Roxburglz or Berrciclc, or either of them, of' the fke yearly Value of' not less than Fifty Pound Sterling, or of'a clear Personal Estate of'the Value of not less than One thousand Pounds Sterling; arid if' any Person or Persons shall act as a Trustee or Trustees without being qualified as aforesaid every such Person or Persons shall for every such acting forfeit and pay the Sum of' Twenty Pounds for the Purposes of this Act : Provided always, that no Chamberlain, Factor, or other Repre- sentative of' a Trustee shall act and vote, or be entitled to act and vote, at any Meeting of the said Trustees, as such Chamberlain, Factor, or other Representative of' a 'rrustee, unless in the Absence of such Trustee. VII. And be it further enacted, That the said Trustees shall meet at Fitst ancl illelrose in the Coiinty of Roxburglz 011 the Third Saturda3 after the other Gene- passing of' this Act, or as soon after as conveniently may be, and ral iQrtings of Trustees. they, or any Three or more of them at such Meetings assembled, shall proceed to the Execution of this Act, and may then and at all hleetings afterwards fi-om Time to Time adjourn to meet at sucll Times and at such Places as the said Trustees, or any Three or more of them, at their last Meeting assembled, shall think proper, witIlout Prejudice to their meeting sooner or at any other Time or Times, or at any Place or Places, if there be Occasion, upon Notice fiom the Clerk or Clerks of' the last Meeting, or from the Preses of' such last Meeting, advertised once at least in any Newspaper pubIishe(l at Kelso or Edinburgh for the Time, and affixed upon the Toll or l'on- tage 1860 Quorum of Trustees, &c. Power to appoint Officers, 7" GULIELMI 1v. Cap. lx. tage Gate upon or near to the said Bridge, when such Gate shall be erected, Ten Days at least before the Time fixed for such Meeting ; and in case at any Time appointed for any Meeting of' the said Trustees Three in Number shall not assemble, the Trustees actually assembled shall have Power to adjourn, though not to (lo any other Business relative to the Trust; and the said Trustees shall at all their Meetings defray their own Expences. VIII. And be it further cnacted, That the Quorum 01: Number of' Trustees necessary to do Business in General or Adjourned Meet- ings shall be Three, but if only One, or any Number less than Three, shall be present at any of' the stated or other General or Adjourned Meetings, such Trustee or Trustees shall have Power to adjourn the Meeting, and in that Case Notice shall be given of the Day, Place, and Purposes of' such adjourned Meeting by at least One Adver- tisement in any Newspaper published in Kelso or Edinburgh Ten Days at least before the Day of' such arl*iourned Meeting; and at every Meeting or adjourned Meeting of' the said Trustees a Preses shall be appointed before proceeding to Business, and who (in case of an equal Number of Votes, including the Vote of the Preses,) shall have a casting or decisive Vote ; and any Two or more of the said Trustees, or the Clerk of the...

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