Page:Ruffhead - The Statutes at Large - vol 3.djvu/527

 A. D. 1691. Ariiio tertio Gulieliwi & Mari^. G. 12. 479 County, and in Default thereof fhall incur the Penalty aforefaid, as if he or they had rcfuftrd or ncg!e 'I'iine, the next Svjiday imnediatcly after Sern-.on ended, gjve'^""?^"'"'* Church, and if the fame fliall not be removed, repaired, and[?;j,'^;'^ j';,"J'" ice given, that then the faid Surveyor or Surveyors of the faidci.mci" and if repair, and amend the fame, and ciifpofc of ihe fame Annoi-not amtndi-d A'ays ; and the faid Surveyor and Surveyors fliall'bc reirrburfed^^" 3" ^^^^ CCS they flidl be at in fo doing, by the Panics who fhould have done the fame • ■'""^'">'" ""^^ fhall upon Demand refufe or ncgleit to pay the faid Surveyors th_ir faid Charges,!^?;" ij"''ht ' by the two neighbouring Juftices ; and what Defaults or Annoiances they fhall find in any of the faid^.'a.Ncglea's Highways, Caufways, Bridges, Ditches, fledges, Trees, Watercourfes, Drains, or Gutters, next ad-f-f Laborers to joining to the fame, they fliall from Time to Time, then pubHck Notice of the fame in the Parifli CI amended, within thirty Days after fuch Notice _ _ ^ Highways fnall within thirty Days remo',e, repair, and amend the fame, and ciifpofc of ihe fame Annoi-not amtndi-d arices to and for the Repaij; of the faid Higliways ; and the faid Surveyor and Surveyors fliall'bc reirrburfed^^" 3" I5"y'» what Charges and Expenccs theyflidlbe and ii; cafe the faid Parties fhall upon Dem.inu .v.^..^ w. "^s'" — ■■ "^ r"? '-"^ ■"'" "«• > ^y-"-> *"»■ kuu x^jjaigcs,!,^ Kpiid bv then the faid Surveyors fliall apply him or themfelves to any JulHce of the Peace v/ithin the Divifion ofpcfon who the County wherein fuch highway is, and in default thereof, to any neighbouring Jufl:ice for the faidoiist to repair. County, and upon his or their making Oath before fuch JulHce of the Notice to the Defaulter in Man- ^"^""^'"^ ^"'" ner afn-efaid (which Oath the faid JulHce is impowered and required to adminifler) that then the faid Sur-^''^^°'^f L'^" veyors fhall be repaid all fuch their Charges a,-. f]:>all be allowed to be reafonable by the faid Juftice, to be burfements. " levied in Manner aforefaid. IX. And be it further enaiSed by the Authority aforefaid, That the Juftices of the Peace of eveiyJ"':^' o'^'^"^* County fliall in their refpcctive Divifions once in four Months hold a fpecial SefTions, and fliall thereunto ""'^f'J'd'^'^"""'" fnmnion all the Sureyor3 of Highways withiri that Divifion to come before them, and fhall give them astflion *vv^jie!e Chnrge to do their Duty, and declare to them what they are obliged to do by virtue of this or any former tlicy are to rc- Aiit ; after which the faid Surveyors of the Highways fhall make a Prefentrncnt to them upon Oath (whLch<:="^ I'lefcnt- Oath the faid Juftices are hereby impowered to give) of the State and Condition of the Highways within""^""' ""'' '^'"r their refpeftive Pariflies, Towns, Village-, Hamlets, Prccinfts, or Tythings for which they are appoint- ^jj^ s^^^e'.ots "*' ed Surveyors, and what Oiiences and Negleds any are guilty of,, contrary to the Meaning of this or any other Statute made concerning the Highways, or any Thing relating thereunto ; a.nd befo/e any Surveyor of the Highways fhall go out of or be difcharged from his Office, he fhall at fome fuch fpecial Seffions of the faid Jaltices, to.be held as aforefaid, give an Account upon Oath of all Money that has come to his Hands, which ought to be employed in amending of the Highways, and how he hath difpofed of the fame; and Penalty upon in cafe any Monies fhall remain in his Il-inds, he fhall deliver the fame to the Surveyors of the HighwaysS^rvej-or/n that fltall fer'e for the fame Parifli, Town, Village, Hamlet, Precinft, or Tything, for the Year enfu- P^5"8 ^'"'t' ot in_g, arid in cafe of Failure, to forfeit the double Value of what fhallbe adjudged to be in his fiands by the 5^°"^^,^-^° *"'" f_id Juflices, to be levied and difpofed of as is aforefaid. ■ X. And be it further ena(fi;ed by the Authority aforefaid. That if any Surveyor of the Hio-h- "° ^' ^^""■5* ways, after his Acceptance of his faid OfEce, fhall negleifl his Duty in any Thing required of himbyofsN^^!l'ft" this A(ft, he fhall forfeit for every fuch Oilence the Sum of forty Shillings, to be levied and difpofed of as ' "'='"■ • is aforefaid. .. ■ . *. - . XI. And be it further enacted by ihe Authority aforefaid, That if any Juftice of the Peace fhall neQ-Ie£t ?,'• P^njJ'jr, ' or refufe to do what is required of him by this Aft, fuch Juflice fo negletfting or refufmg fhall forfeit the.V^" *^^'^' "; Sum of five Pounds ; one Moiety whereof fnall go to the Perfon that fhall fue for the'^fam.e, the other of p"!^."'*"'* Moiety to be employed to and for the Repair and Amendment of the Highways of the Parifh where the Perfon who fhall fue for the fame inhabits, to be recovered in any of their A'lajeflies Courts of Record, by ' i XII. And be it further enaifed by the Authority aforefaid. That it fhall and may be lawful to and for Surveyors may the Surveyors of the Highways aforefaid, where the Ditches and- Drains already made are not fufS.cient to™^^''^" ' carry oft' the Water that lies upon the Highways, to m^ake new Ditches and Drains in and throuo-h the '-^'■■'"^^ '"■ Lands next adjoining to the faid Highways, and keep them fcoured, cleanfej, and open, and comi? upon [^in^„°'^" any of the faid Lands with their Workmen for fo doing. . J =• ' XIII. And whereas divers parifhes and Townihips have not any Gravel, Stones, Qiiarries, nor any Survcyorlaymg i ' other Materials' fitting or convenient for the^ amending or repairing of the Highways within the faid Pa.-"';" M"om;y for ■~ -■ - - ■ of the Surveyors of the Highways of fuch Parifhes and Town- 2"'j^3lfb™^^^'' oney for the buying of fuch Materials as are neceflTary for that paW by an'^eqTaJ ^ madein or by any Law now in force, for the rcimburfing the faidi^ate, to bele-.; '^Surveyors the Monies they have fo laid out :' For Remedy whereof be it further enafted by the Authb4^'l ^1 Diftrafei rity aforefaid. That upon Notice given ty the Surveyor or Surveyors of the Highv/ays to the Juftices o^ ' the Peace at their fpecial Seflions, and Oath made of vt^hat Sum or Sums of A/Lbiiey*he or they have or hath fo laid out and'Expended upon amending and repairing of the faid Highway's, the Juftices of the Peace, or any two of ther-, at their fpecial SefTions, are hereby impov/ered, by Warrant under their 1 Hands and Seals, to caufe an equal liatc to be made for the reimbarfmg the faid Surveyor or Surveyors ;' ' the Monies by him or theiii laid- out as' aforefaid, upon all the Inhabitants of fuch Parifh or Townfhips i where -fuch Monies are fo expended, according to the Rules and Methods prefcribed in. an A£t'of Parlia- • i menfmade in the three and fortieth Year of the Reign of the late Queen Elizabeth, -intituled, 4n A3 for ^:'^^^^-' '^- *• the bfiter Relief of the Poor of this Ki7tgdom,, which Kate, being confirmed and all6v,red- by the faidjufli'ces " ■'■ 2 in '
 * AcSion of Debt, Bill, Plaint, or Information, in v/hich no Privilege, Proteftion, or Vv^'ager of Law fhall
 * . be allowed, or more than one Imparlance.