Mode of traversing presentments.

s. 43.

s. 46.

S. 44.

Duty of clerk

of the crown

sentments.

s. 51.

The 36 Geo. 3. c. 55. s. 43. Ir. provides, that any presentment made for laying out or making any new road, or widening any old road, shall be traversed only at the assizes at which it shall be made, but that it shall be lawful for any occupier or owner of the ground, through which such new road is to be made, or into which such old road is to be widened, to traverse the presentment for the same for damages at such assizes, (and such traverse shall be then tried,) or at the ensuing assizes; and the jury which shall try it shall true verdict give whether any and what damages will accrue thereby to the traverser, and upon the damages so found being paid to the traverser, or deposited for his use with the treasurer of the county, the overseer may proceed in the execution of the presentment; and the grand jury may present at their discretion the sum so found, to be raised on the county, or on the barony or half barony, county of a city or town, in which the traverser shall have made it appear that he sustained the damage; to which presentment no traverse shall be allowed. And as to presentments for stopping up old roads, any person may by s. 46. enter a traverse thereto at the same or the next assizes, and if such traverse shall not be tried within a year after such presentment shall be made, the presentment shall stand good. And by s. 44. every traverse to any presentment by virtue of this act may be tried upon the entry of the presentment in the crown book, and the traveise taken thereto, without making up any record, so as such entry be sufficient in substance, though defective in form.

The clerk of the crown is required by s. 51. within 4 in respect to pre- days after every assizes, to deliver to the treasurer of the county, copies of all presentments made at said assizes, and also of all queres discharged at the same, signed by himself, upon pain of forfeiting £5. for every default, to be recovered by civil bill; and shall also deliver to the grand jury at every aşsizes, a true return of all queres and presentments which have not been duly accounted for and discharged, and for wilful neglect therein shall be incapable of acting in said office for the future.

Grand

s 48: s.50.

Grand juries are empowered (by s. 48.) to appoint a col- Appointment of factor for each barony, half barony, or county of a city, buronycollectors. &c. and to present a sum not exceeding 9d. in the pound for collecting. And by s. 50. the several constables and sub-constables shall, upon pain of forfeiting £5. (to be recovered before a justice of the county, upon the oath of 2 witnesses) be aiding such collectors to levy all money presented to be raised; but if no such collector shall be appointed, the high constable of such barony, &c. shall be the collector within his district.

Constables to

assist.

ties.

s, 52.

8.53.

Presentments

By s. 52. the treasurer of each county shall within Duty of treaone month after he shall have received copies of the pre- surers of counsentments, issue his warrants to the collectors of each barony, &c. to raise and levy the same by distress and sale of the goods of every person refusing to pay his proportion thereof. And for ascertaining such proportions, every person to whom such warrant shall be sent, shall within 10 days after, &c. deliver or send to the se- applotted. neschal or church-wardens of each manor, parish, or denomination of land contained in such warrant, or if there be no such seneschal or church-warden, then to any principal residing inhabitant, an account in writing signed by himself, of the sum he is required by said warrant to levy upon such manor, &c. and to desire that the said sum may be applotted thereon; and every person who shall receive such account, shall, under the penalty of £10. (to be recovered by civil bill) post up within 6 days after the receipt thereof, on the door of the Church, or any other conspicuous place in said manor, &c. a notice signed by himself, requiring the landholders and inhabitants to meet on a day and at a place therein to be named, to choose 2 or more persons to applot the sum to be in such notice mentioned, required to be levied upon such manor, &c.; and the persons so chosen shall applot the same, and shall underneath their applotment make oath before a justice of such county, that they have made the said applotment justly, according to the best of their skill, without favour, affection, or malice, and shall, within 30 days after being so chosen, deliver the same to the person empowered to collect

"There's exquirer les = landholsters of wish qu

I sheet dom if pure foun

5.56.

collect the same, (under the penalty of 10s. for every day's default, to be recovered by civil bill,) who shall accordingly levy said money, and 10s. for the applotters fees; and in case no full and sufficient applotment shall be returned within 36 days after such account is so sent, then the collector or his deputy, or the high constable, may enter into such manor, &c. and distrain the whole or any part thereof, and levy the full sum. By s. 56. the treasurer of every county shall give copies of such Further duty of presentments as he shall receive, to any of the overseers, on demand or within 10 days after, without fee; and shall make up his accounts upon oath at every assizes, and lay them fairly written before the grand jury; and no treasurer shall compound for any money to be raised, nor make any deductions for any sum he shall pay to any person, but such as he shall account for; and every treasurer is hereby also required to keep an office open upon how enforced. every day, (Sundays excepted) for the space of 14 days

treasurer

Overseers.

s 38.

next after every assizes, from 9 in the morning until 3 in the afternoon, in the town wherein the assizes were last held, and to pay all such queres as shall have been discharged, without fee, if he shall have public money to pay the same; and if he shall be guilty of any neglect or offence contrary hereto, he shall be fined, or committed to the county gaol, at the discretion of the judge of assize.

Appointment of By s. 38. it shall be lawful for any grand jury to appoint one overseer or more, who can read and write, for carrying into execution any presentment which they shall make by virtue of this act, and to present for the wages of such overseer, any sum not exceeding the rate of 1s. for each pound of the money expended, to be raised at the time and in like manner as the sum so to be expended. And by s. 45. if it shall appear to the Action or prose- grand jury by the oath of 2 persons at any assizes, cution against within 2 years after any quere on any presentment by which money was granted shall be discharged, that the money was not expended agreeable to the presentment, or if the overseer shall be convicted of perjury in his accounting affidavit, the grand jury may direct the

s. 45.

everseers.

treasurer

treasurer to sue such overseer by action or civil bill for the money so fraudulently received.

conservators.

s. 76.

And for the better preservation of the public roads Appointment of from encroachments and nuisances, and for the more effectual execution of this law, the grand juries are empowered by s. 76, to appoint for each barony or half barony, or county of a city or town, the high constable or other person to be a conservator of the roads, and all public works thereon, who shall have all the powers of an overseer, and to present thereon any sum not exceeding £25. (or £10. if a constable appointed under 27 Geo. 3. c. 40.) at each assizes for his trouble; but no money shall be paid to him until he shall have laid upon oath before the grand jury a full account of his proceedings in the execution of his office.

s. 75.

By s. 75. a power is given to any justice of the peace Power to jus tices of peace of any county, having a freehold estate of £100. a to repair sudden year in such county, to order under his hand and seal damage. any sum not exceeding 40s. to be expended in repairing any public road within such county, which may be suddenly damaged, provided it shall appear by the affidavit of 2 persons, that the repair of such road cannot be delayed to the next assizes without prejudice to the county, and such justice may appoint an overseer thereof; and the grand jury of such county, at the next assizes, may present the sum so expended to be raised on the barony or half barony, or on the county of the city or town where the same is situate; but no justice shall make

more than one such order between assizes and assizes.

This act s. 90. enables defendants sued for any thing Protection to

in execution of

done in execution of this act, to plead or avow gene- persons acting rally, and entitles them to treble costs in case of obtain- this statute. ing a verdict or judgment, &c. in such action, or a dismiss upon any civil bill.

Ir.

s. 90.

The 32 Geo. 3. c. 30. Ir. also enables grand juries to Post roads. present any new road to be laid out in the respective 32 Geo. 3.c.30. counties, of any width not greater than 52 feet, nor less than 42 feet in the clear, for the purpose of shortening the distance between the city of Dublin and any post town to which his majesty's mails are conveyed, or for avoiding any hill or precipice, or otherwise rendering

the

s. 5.

s. 7.

the communication between the said places more safe and convenient; and also to present all sums necessary for laying out the same, and making fences thereto, not exceeding 6d. in the perch for laying out, and 1s. 6d. for each perch of fence, to be raised off the county at large, or the barony or half barony, or county of a city or town, in which the same shall be situate. And they are also empowered by s. 5. to present any part of any old road leading from the city of Dublin to any post town, &c. to be widened to any width not exceeding 52 feet and not less than 42 feet; and (by s. 7.) to present such sums to be raised as aforesaid, as shall be necessary for that purpose. By s. 9. it shall be lawful for any grand jury to present such sum, not exceeding 1s. 6d. by the perch, as may be necessary for filling up the drain or trench of any ditch situate next to any public road, and making a sufficient fence instead thereof. And by s. 14. any grand jury may also present any money to be raised off the county at large for lowering any hill, or filling up any hollow, or both, on any such post road. And this act contains several provisions similar to those above-mentioned of the 36 Geo. 3. c. 55. Ir. and has been since amended by the 35 Geo. 3. c. 38. Ir. 46Geo.3.c.134. 45 Geo. 3. c. 43. I. and 46 Geo. 3. c. 134. I.

S. 9.

s. 14.

35 Geo.3. c. 38. Ir.

45Geo. 3.c. 43.

I..

I.

Turnpike roads.

s. 1. Ir.

sue and be sued.

As to the turnpike roads of Ireland, the statutes concerning them are principally of a local description, but it may be proper to state a few provisions, which are of a 21Geo. 2. c. 16. general nature.-The 21 Geo. 2. c. 16. s. 1. Ir. enacts that the trustees of such roads and their successors shall Trustees how to be persons capable to sue and to be sued in law and equity, by the name of the trustees appointed for putting in execution the powers and authorities mentioned in said acts, and may use a common seal for such purposes, and shall be also capable to take securities to them as trustees, for performance of any agreement, or for the due execution of any power committed to any person concerned in any road, as if they were respectively incorporated. And they are accordingly required by s. 2. to appoint a clerk or register, the service of whom with any subpæna, order, decree, or process, shall be good service of said trustees, so as such service be made 20

$.2.

days