§ Mr. Manners Suttonrose to move for leave to bring in a bill to amend the laws relating to Turnpike Trusts in England and Wales. The present state of the law he observed, had occasioned great inconvenience. Not that he wished materially to effect the rights of the whole body of mortgagees; but this at least he desired to do,—to render it impossible for any individual to go into the market and possess himself of a mortgage, of the value say of 100l., then exercise his privilege as a mortgagee, bring an action of ejectment, and get himself appointed a receiver. What he proposed in this respect was, that when an action by a mortgagee was decided, he should not then enter into possession, but that a receiver should be appointed by the Court of Exchequer. It was perfectly well known that large sums were raised by mortgage of turnpike trusts, and it was also well known that priority of advance was not followed by priority of payment. Now he proposed, that in future, no trustee of turnpike tolls be allowed to raise money on the security of such tolls without the consent of the Secretary of State for the Home Department, who would have all the accounts before him, and who would not refuse his assent where he saw the money was necessary. He would also propose in this bill, that the trustees should appoint auditors from their own number, who should form a finance committee. By these the whole accounts should be prepared and arranged at stated times, and afterwards laid before the general meeting of trustees. He would also propose to continue the 4th and 5th of her present Majesty, by which magistrates might appropriate highway-rates to the purposes of turnpike trusts. Having now stated an outline of what the bill would propose, he would only add an expression of his hope that the House would give it its sanction. He did not expect that the bill would remove all the evils attendant on the present state of turnpike trusts in 388 England; but he hoped that it would put an end to many of them, and tend to mitigate the effects of others which could not be at present removed.
Mr. Riceadmitted the very bad management of turnpike trusts at present, and he was glad to learn that Government had taken the remedy into its own hands. He hoped that Government would be now induced to bring forward some general measure on the subject.
§ Mr. Mackinnonsaid, that having been twice chairman of committees on this subject, he could bear testimony to the difficulties by which it was surrounded. As to a general measure which should relate to all turnpike trusts, he thought it was quite out of the question. It would be impossible to arrange such a measure, unless Government were prepared to pay off all the debts of the several trusts, amounting at present to between 8,000,000l. and 9,000,000l. In the present financial state of the country, that would be impossible. He did not think that his hon. Friend who brought in this bill would be able to carry the clause which prevented trustees from raising money on the tolls without the consent of the Secretary of State. When a bill brought in by his right hon. Friend opposite (Mr. Fox Maule) was formerly before the House, it failed from the dislike of the country Gentlemen to anything like centralization. They would object equally to the clause which gave to the Secretary of State the power of refusing to sanction the borrowing of money upon the security of turnpike tolls.
§ Mr. F. Maulesaid, that his bill was defeated, but it was because one object of it was to introduce some economical reforms into the management of turnpike trusts; and thus he was at once beset by the trustees. He was sorry that a similar provision was not in this bill, for without some such economical reforms it would be impossible ever to deal with the debts of the several trusts, which now amounted nearly to 9,000,000l. As far as this bill went, it should have his cordial support; he was only sorry it did not go further.
§ Motion agreed to.