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estate in lands, &c. lying within such district, in his own right or in right of his wife, of £10. by the year, or a personal estate of the value of £100. or occupier of a tenement of the yearly value of £30.; and if there shall not be 10 persons so qualified, they shall supply the number by inserting the names of the most sufficient and able inhabitants, out of which list the justices at a special sessions to be held for the purpose shall appoint one, two, or more of such persons to said office. And if any person so appointed shall refuse to serve, he shall incur the forfeiture of £5. if included in such list, or otherwise 50s.; but no person who hath served said office one
year, shall be compellable to serve again within 3 years Their salary. from such appointment and service. And by s. 1. 5. & 54.
a salary may be allowed by the justices to every such
surveyor. Their duty and The first duty which is imposed upon surveyors of powers.
highways by this act is to enforce the several provisions (s. 6. to 15.) in respect to removing all nuisances or encroachments which injure or contract such highways, as well as such obstructions and annoyances as may inter
rupt the passage of carriages, or of his majesty's subjects S. 15. along the same. By s. 15. they are required to make and
maintain every public cartway leading to any markettown, 20 feet wide at least, and every public horseway or driftway 8 feet wide at least, if the ground between the fences inclosing the same will admit thereof; and they are charged with several duties, by s. 16. to 23. in respect to widening, or diverting and turning public highways, or public bridleways or footways, and stopping up and enclosing old or unnecessary highways, &c. making satisfaction to the persons injured thereby. Such improvements are to be so made in pursuance of the orders of 2 or more justices, and such recompence is to be assessed to the owner of land, not exceeding 40 years purchase, by a jury to be impannelled at the quarter sessions, unless such owners shall agree with the surveyors for the
amount of such recompence. By s. 16. the powers of L'oxers of sure
the justices or surveyors shall not extend to pulling down veyorsrestrained any house or building, or to taking away the ground of us to pulling clown houses, sc. any garden, park, paddock, court, or yard. And by this
section of the act, where there shall not appear sufficient money in the hands of the surveyor for the purposes aforesaid, then such 2 justices in case of agreement, or the court of quarter sessions after such verdict as aforesaid, shall order an equal assessment to be made and collected Assessment up
on parishes, & C. upon all the occupiers of lands, &c. in the respective pa- for ævidening rishes, &c. where such highways lie, and direct the money
roads, &c. to be paid to the person or body interested, in such manner as the said justices or court of quarter sessions shall direct: provided that no such assessment to be made in any one year shall exceed the rate of 6d. in the pound of the yearly value of the lands, &c. so assessed.
With respect to the repairs of roads : it is the duty of Repairs of roads, surveyors (by s. 23.) to give information upon oath, to the justices or any 2 or more of them, of all such highways, and of all bridges, causeways, or pavements upon such highways, as are out of repair and ought to be repaired by any person or body, by reason of any grant, tenure, limitation, or appointment of any charitable gift, or otherwise ; and the justices are thereby empowered and required to limit a' time for such repairs, and to present such highways, &c. together with the persons, &c. liable to repair the same, at the next quarter sessions, unless such repairs have been effectually made within the time so limited. And by s. 24. & 25. every justice of assize s. 24. & 25. (and the justices of the counties palatine, and of the great
Presentments by sessions in Wales) are empowered upon the view, and justices of assiae, every justice of the peace either upon his own view, or
, upon the information of the surveyor of the highways upon oath, to make presentment at their respective assizes, great sessions, or quarter sessions, of any lighway, &c. not sufficiently repaired, or of any other default contrary to this act; and to assess such fines as to them shall seem meet, for every default or offence so presented; and by s. 1. & 61. the justices of peace are empowered to hold special sessions for the highways. And by s. 27. s. 27. to 33. to 33. the surveyors of highways are invested with suffi
Materials raised cient power to raise and procure materials for such re, pairs. By s. 30. upon application by any such surveyor to the justices of peace at their special sessions, and Expenseshow
oath made of the sin which he hath bona fide expended, and which will be required for the purpose of Buying such materials, or irr making satisfaction for damages, or in erecting guide posts, or in repairing trunks, tunnels, płats, bridges, or arches, as well as for paying the salary of such surveyor, such justices or any 2 or more of them shall cause an equal assessment to be made upon all occupiers of lands, &c. in such parish, &c. not exceeding 6d. in the pound of the yearly value of the ·lands, &c. so assessed. And this act contained several provisions, (s. 34. to 52.) in respect to the statute duty, or proportion in which the inhabitants and occupiers of lands, &c. withit the respective parishes, &c. should be
chargeable to such repairs: but this act was amended in 34 Geo.3.c.74. these respects by the 34 Geo. 3. c. 74.
enacts, $. 4. Eug.
that the surveyor, together with the inhabitants and ocStatute duty. cupiers of lands, &c. within each parish, township or
place, shall, at proper seasons in every year, use their endeavours for the repair of the highways, and shall be chargeable thereunto as followeth, viz. Every person keeping a waggon, cart, wain, plough, or tumbrel, and 3 or more horses or beasts of draught used to draw the same, shall 6 days in every year, (if so many shall be found necessary) to be computed from Michaelmas to Michaelmas, send on every day, and at every place, to be appointed by the surveyor for amending the highways in such parish, &c, one wain, cart, or carriage, firrnished after the custom of the couitry with oxen, horses, or other cattle, and all other necessaries, and also 2 able men with such ivain, &c. which duty so performed shall excuse every such person from his duty in such parish, &c. in respect of all lands, &c. not exceeding the annual value of £50. which he shall occupy therein: and every person keeping such team, draught, or plough, and occupying in the same parish, &c. lands, &c. of the yearly value of £50. beyond the said £50. in respect whereof such team duty shall be performed; and every such person occupying lands, &c. of the yearly value of £50. im any other parish besides that wherein he resides; and every other person not keeping a team, &c. but occupy
ing lands, &c. of the yearly value of £50. in any parish, &c. shall in like manner respectively and for the same number of days, find and send one wain, cart, or carriage furnished with not less than 3 horses, or 4 oxen and 1 horse, or 2 oxen and 2 korses, and 2 able men to each wain, &c., and in like manner for every £ 50. per annum respectively which such person siiall occupy ; such wains, &c. to be employed by the surveyor in the repairing the highways within the parish, &c. where such lands, &c. shall lie; and every person who shall not keep a team, &c. but shall occupy lands, &c. under the yearly value of £.50. in the parish &c. where he resides or in any other parish, &c.; and every person keeping a team, &c. and occupying lands, &c. under the yearly value of £50. in any other parish than that wherein lie resides, shall pay to the surveyor in lieu of such duty, the sums following, viz. :-For every 20s. of annual value of such Money to be
paid in lieu of lands, &c. one penny for every days statute duty which statute duty by shall be required, not exceeding 6 days in every year;
certain persone and every person shall in like
pay one penny
for every 20s. of the annual value of the lands, &c. which he shall occupy in any such parish, &c. above the annual value of £50. and less than £100. and so for every 205. of the intermediate annual value of the lands which he shall occupy, and which shall fall short of the further increase of £50. for each day's statute duty which shall be required. But it is provided that no person keeping such team, &c. and performing duty with the same in the parish, &c. where he resides, and not occupying lands, &e. within the same of the yearly value of £30. shall be obliged to send more than 1 labourer with such team, &c. And by s. 2. every person who shall not keep a team, draught, or plough, but shall keep 1 cart or more, and
Duty required 1 or 2 horses or beasts of draught only, used to draw in from other persuch carts, shall be obliged to perform his statute duty for the like number of days with such carts, &c. and i labourer to attend cach cart, or to pay for the lands, &c. which he shall occupy, according to the above rate, at the option of the surveyor ; and every person who shall keep a coach, postchaise, chair, or other wheel carriage,
and not keep a team, &c. nor occupy lands, &c. of the annual value of £50. in the parish, &c. where he shall reside, shall pay to the surveyor one shilling in respect of every day's statute duty, for every horse which he shall draw in any such carriage, or shall pay according to the value of the lands, &c. which he shall occupy, according to the above rate, at the option of the surveyor; and if any of the said teams, &c. shall not be thought needful by the surveyor on any of the said days, then every such person shall upon receiving notice as therein directed send unto said work, for every one so spared, 3 able men, or pay to the surveyor 4s. 6d, in lieu thereof, at the option of the surveyor; and all such persons shall bring with them such shovels, spades, picķs, mattocks, and other tools and instruments as are proper for the purposes aforesaid : and such persons and carriages shall perform such work for 8 hours in every of said days, within said parish, &c. or in carrying materials from any other pa- ... rish, &c.; and if any labourer or driver shall be insufficient or shall refuse to work, the surveyor is thereby authorized to discharge every such team, &c. and recover from the owner such forfeiture as if the same had not been sent; but this statute (s. 4. & 5.) empowered the justices to exempt poor persons from the payment of such rates; and also (by s. 6.) authorized them in certain cases to require
the performance of the statute duty in kind. So much 13Geo. 3. c. 78. of the 13 Geo. 3. c. 78. s. 38. and 34 Geo. 3. c. 74. S. 3. s. 38. Eng. 34 Geo. 3.c.74, as allowed persons to compound at certain rates for the 9. 3. Eng.
performance of the statute duty, is repealed by the 44 44 Geo. 3. c.52. Geo. 3.c. 52. E.which enacts, that any person liable to per.
form statute duty, by sending one or more teadis, draughts, Composirion for or ploughs, with men, horses, or oxen, shall and may com
, stutute duty. pound for the same, by paying to the surveyor of highways,
(at the time and in mannerin the 13 Geo.3, c.78. mentioned). such sum as the justices of peace for the limits wherein the parish, &c. is situate, or the major part of them, at their special sessions to be held in the first week after Michaelmas quarter-sessions in every year, shall adjudge. to be reasonable, not exceeding 125. nor less than 35. for each team, for each day; and in default of their ad