their incidents.

13 Geo. 3. c.78.

judging the same, then the sum of 6s.; and for each cart with 2 horses or beasts of draught, not exceeding 8s. nor less than 3s.; and in default of their adjudging the same, the sum of 4s.; and for each cart with one horse or beast of draught, not exceeding 6s. nor less than 2s.; and in default of their adjudging the same, the sum of 3s. The 13 Geo.3.c.78. contains several provisions for the Actions and protection of persons acting in execution of this act, by limiting the period for bringing actions against them to 3 s. 76. to $1. months; enabling such defendants to plead the general issue; and giving them treble costs in case of obtaining judgment, &c.; and the plaintiffs in such actions are thereby also barred, if tender of sufficient amends shall have been made. No proceedings in pursuance of this act are to be quashed for want of form, or removeable by certiorari; but an appeal may be made to the quarter-sessions by any person aggrieved by any thing done in execution of this act. And this statute contains these peculiar provisions, that the surveyor shall be a competent witness in all matters, relative to the execution of this act, notwithstanding his salary may arise in part from the forfeitures thereby inflicted; and any inhabitant of any parish, &c. in which any offence shall be committed contrary to this act, shall be also deemed a competent witness.

s. 70. Eng.

The 13 Geo. 3. c. 84. Eng. consolidates the general laws Turnpike ronds. for regulating the turnpike roads in England, and enacts that 13 Geo. 5.c.84. where the powers given by several turnpike acts are ineffectual, for providing materials for the use of the turnpike roads therein described, and also for enlarging, diverting, and turning such turnpike-roads, and stopping up and selling of the old roads, and also for making, opening, and cleansing of ditches and drains, and the cutting and pruning of hedges and trees, and also for calling forth the statute duty which shall belong to such turnpike-roads, the surveyor of every turnpike-road may with the approbation of the trustees, put in execution the several powers more amply given for the like purposes in the general highway act, to the surveyor of the parish, &c.

The 11, 12, and 13 Jac. 1. c. 7. Ir. adopted the prin- Powers of grand ciple which was first established in England by the 2 & 3 juries in Ireland

Ph.

s. 2. Ir.

Ph. & M. c. 8. Eng. (as amended by the 5 Eliz. c. 13. and 1,8 Eliz. c. 10.) for repairing highways, by obliging the parishioners, in proportion to the quantity of land occupied, to provide carriages, horses, and men, with the necessary tools and instruments, to be employed in mending the highways; and the householders, cottiers and labourers, were thereby also compellable to serve in person at such work, under such penalties, as in said act mentioned. This Irish act was amended by several subsequent statutes, but was finally repealed, and the principle of the application of 6 days labour to the repair of roads, superseded by the 5 Geo. 3. c. 14. Ir. The se veral laws made for the amendment and repair of roads having proved ineffectual, and having become confused from their multiplicity, the 36 Geó. 3. c. 55. Ir. has therefore consolidated and amended their various provisions, and some further amendments have been since made by the 37 Geò. 3. c. 35. 40 Geo. 3. c. 88. and 46 36 Geo. 3, c.55. Geo. 3. c. 96. By the 36 Geo. 3. c. 55. s. 2. Ir. it shall be lawful for the grand jury of any county, county of a city, or county of a town, at any assizes, to prewidening roads sent any part of any road leading directly from a not less than 32 market town to a market town, or from a market town to feet. the sea, or to any colliery, coal pit, or culm pit, to be widened to any breadth not more than 52, nor less than 32 feet in the clear; and any part of any other public road to be widened to any breadth not more than 44 feet nor less than 24 feet; and to present such sums of money as shall be necessary for widening the same, and making fences instead of those which shall be taken down or destroyed, to be raised on the barony or half barony, or county of a city or town, in which the same shall be situate. And by s. 14. any grand jury may also present upon the request of any person, any new road to be laid out and made between any 2 market towns, or from any market town to the sea, of any width not less than 32 feet nor more than 52 feet in the clear, and to present such sums as shall be necessary for laying out and making the same, and making fences thereto, (not exceeding 6d. by the perch for laying out, and Is. 6d. for every perch

Presentment for

s. 14.

Making new roads not less

than 32 feet.

of

1

s. 80.

Where imprac

roads 32 feet

s. 9.

Footpaths.

s. 46.

Stopping up old

s. 12.

Filling trenches,

of fence) to be raised on the barony, &c. in which the same shall be situated. But by s. 80. where a road cannot be made of the breadth of 32 feet without much difficulty and unnecessary expense, the grand juries of ticable to make such counties may present such road, or so many perches wide. thereof, in such particular places to be made or repaired of such width as they shall think proper, not less than ‍16 feet in the clear. By s. 9. they may also present any foot-path to be made or repaired on any road, or on or within the ditch along the side of any road, with the consent of the occupier of the land, and present any sum not exceeding 1s. 6d. for making, and 9d. for re'pairing, for each perch, to be raised on the barony, &c. By s. 46. they are empowered to present any old road to be stopped up, if it shall appear to them that the said road is no longer necessary to be kept open for travellers, roads. or that a new road has been made which answers all the purposes of the old one. And by s. 12. they may also present such sum to be raised on the barony, &c. not exceeding 1s. 6d. by the perch, as may be necessary for &c. filling such trenches or drains of any ditch which shall be situate next to any part of any public road, (whether post road or not) and making a sufficient fence instead thereof. And grand juries are empowered (s. 6.) to present in like manner any part of a public road to be repaired, and to present any sum of money which shall Repairs of roads. be necessary for that purpose, to be raised as aforesaid. By s. 18. any grand jury may present to be raised ou the county at large, such sums as may be necessary for lowering any hill, or filling up any hollow, or both, on g any public road within the county leading from one market town to another." And so also by s. 21. for building or repairing any wall, or part of a wall, necessary to the support of any road, or to prevent any steep banks of Building walls, earth from falling upon any road, or in erecting any fence, railing, or wall, for the protection of travellers from dangerous precipices or holes lying on the side of any public road. By s. 81. grand juries are further authorized to enter into contracts for keeping any parts of the public roads within their respective counties in re- Contracts for

pair

8.6.

s. 18.

Lowering hills,

&c.

s. 21.

s. 81.

Repairs.

pair for any time not exceeding 7 years, and to present any sum not exceeding 6d. a perch by the year, to be raised off the respective baronies or half baronies in 40 Geo, 3.c.88, said counties, &c. And by the 40 Geo. 3. c. 88. Ir. such contracts may be renewed, and any further contract made which shall not exceed 12d. a perch for such repairs.

Jr.

Affidavit required for obtaining present

ments;

But the former of these statutes (36 Geo. 3. c. 55.) provides that before any presentment can be granted, the affidavit of two persons shall be made (in a particular form prescribed by s. 3, 7, 9, 12, 14, 19, 22, and 82) according to the nature of such presentment, ascertaining the sum which will be necessary, or which will be a reasonable charge for the work so presented to be done; and no money shall be paid by the treasurer of the county on and for receiving account of any such presentment, until an affidavit of the money pre- one of the overseers to be appointed by the grand jury* *vides.38.post. shall be made, (in such form as prescribed by s. 5. 8. 12,

sented.

I.

Overseers

sions.

may

15, 20, 24 & 83) of the faithful and honest expenditure of the money presented, and of the work being well and sufficiently executed according to such presentment, and until such affidavit shall be first allowed by the grand jury and the court; which several affidavits are directed to be sworn before a justice of peace of the pro46 Geo. 3. c. 96. per county. The 46 Geo. 3. c. 96. I. provides that overseers of roads may lay their accounts before the justices at the sessions, who may allow the same, or, if disaccount at ses- puted, shall refer the same to the assizes, upon such affidavit being sworn and recognizance entered into, as thereby required. With respect to laying out new roads, 36 Geo. 3.c. 55. it is provided by the 36 Geo. 3. c, 55. ș. 14. that no presentment shall be made for such purpose, unless it shall served in abtain appear to the grand jury, by the affidavit of one witness, ing presentments sworn before a justice of peace of the county, that a map of such new road has been deposited with the treasurer of the county 21 days at least before the commission day of the assizes, and that a notice setting forth that an application is intended to be made at the next assizes for a presentment to lay out a new road from

's. 14. Ir.

Form to be ob

for new roads.

-to

distinguishing the several town lands and baronies or half baronies through which it is intended to be carried, with

the

the number of perches it is to be made in length through each town land, has been personally served upon or left at the house of each occupier of the land through which such new road is intended to be made, 21 days at least before the commission day of the assizes, and that a like notice has been posted upon the door of the county court-house 21 days before the assizes; nor unless it shall also appear by an affidavit sworn in like manner, (unless such road be a post road presented under 32 Geo. 3. c. 30.) that no part of such new road is to be made through any deer-park, or field enclosed with a wall, built of lime and stone or bricks, 5 feet high or more, without the consent of the owner thereof. By s. 58. all affidavits for presentments for making, widening, and repairing roads, &c. shall be lodged 6 days before the Affidavits to be commission day of the assizes, with the acting secretary before assizes. of the grand jury, at his office in the county town, which is required to be kept open from the hour of 11 until 3, for 10 days at least previous to every assizes.

8. 58,

lodged 6 days

S. 4.

s. 14.

or carrying roads

The powers of the grand juries in respect to present- Power of grand ing roads, are qualified with the following restrictions: juries not to ex tend to pulling By s. 4. where any part of any road to be widened, (as down walls; by s. 2.) shall be enclosed on either side with a wall built entirely with lime and stone or brick, 5 feet high, such presentment shall not authorize any person to pull down said wall, without the consent of the owner thereof. And by s. 14. any new road, to be made in pursuance of this clause of the act, shall not be made through any deer-park, or field enclosed with a wall built of lime and stone or bricks, through deer5 feet high, without the consent of the owner. And no parks, &c. part thereof is to be made through any house, entirely built with lime and stone or bricks, or through any office or orchard belonging to any person inhabiting a house so built, without the consent of such person, unless the road be from post town to post town, and presented under the 32 Geo. 3. c. 30. Ir. which excepted only demesnes or deer-parks; but the 46 Geo. 3. c. 134. I. also excepts houses above the value of £100. fields enclosed with walls built of lime and stone or brick, planted lawns or avenues, and orchards planted before 17 May, 1805.

The