Page:Ruffhead - The Statutes at Large - vol 3.djvu/701

 en!s not in- A. D.I 697. Anno odavo & nono GuLiELMi III. C. 16. 645 or Yard : And for the Satisfaflion of the Perfons who are Owners of or maybe interefted in the faid Dima'cs to the Ground that (hall be laid into the laid Highways, the faid Juftices are hereby impowered to impanel a Jury ^.j-'iV" ^' before them, and to adminifter an Oath to the faid Jury, that they will aflefs fuch Damages to be given, %u,r y^i^"'l' and Recompence to be made, to the Owners and others interefted in the faid Ground Rent or Charge re- i ihw.' t.t, fpectively, for their refpedlive Intcrefts, as they (hall think reafonable, not exceeding five and twenty Years CA. 76. Purchafe for Lands fo laid out, and lilcewife fuch Recompence as they fhall think realbnable, for the ma- not <:xcecJing25 king of a new Ditch and Fence to that Side of the Highway that {hall be {o enlarged, and alfo Satisfac- '^'^'^^ Purchaic, tion to any Perfon that may be otherwife injured by the enlarging of the faid Highways ; and upon Pay- On Payment of meat of the faid Money fo awarded, or leaving it in the Hands of the Clerk of the Peace of the refpective o"=:y, Owner County, for the Ufe of the Owner, or of others interefted in the faid Ground, the Intereft of the faid Per- J" °=<^':«^ of fons in the faid Ground Rent or Charge fhall be for ever diverted out of them ; and the faid Ground, and ,],e (j^ou^„d'" all other Grounds that fhall be laid into any Highway by virtue of this Aft, fliall be cfteemed and taken to ie a Publick Highway to all Intents and Purpofes whatibever; and the faid Juftices of the Peace for any AneTmcnts td County, City, Riding, Divifion, Liberty, or other Place, or the major Part of them, being five at the j^j^^'J^li^ ""i*"' ieaft, fhall have Power to order one or more Affeflrnent or AfTefTments to he made, levied, or colledled, repairijig the" upon all and every the Inhabitants, Owners, or Occupiers of Lands, Houfes, Tenements, or Heredita- Roads, and pus- ments, in their refpeftive Parifhes or Places, that ought to repair the fame, to fuch Perlbn and Perfons, "^liafing Lan<4 and in fuch Manner, as the faid Juftices at fuch Seflions fhall direcSl: and appoint ; and the Money thereby "~'^' raifed fhall be employed and accounted for, according to the Order and Direftion of the faid Juftices, for and towards the purchafing of the Land to enlarge the faid Highways, and for the making the faid Ditches Overfcers of the- and Fences; and the faid AfTeffment fhall, by Order of the faid Juftices, be levied by the Overfeers of the Highways to le- Highways, by Diftrefs and Sale of the Goods of Perfons fo affeffed, not paying the fame within ten Days ^y '*>« Afleir- after Demand, rendring the Overplus of the Value of the Goods fo diftrained to the Owner and Owners ft'f"'!^ ^^' ., thereof; the necefTary Charges of making and felling fuch Goods being firft deducfted. in^io'Dayr''^ II. Provided neverthelefs, and be it enacSed, That no fuch AfTefTment or Afteffments made in any one Year, Afleffments t for enlarging of Highways, fhall exceed the Rate of fix Pence in the Pound of the yearly Income of any to exceed 6 J. Lands, Houfes, Tenements and Hereditaments, nor the Rate of fix Pence in the Pound for Perfonal the I'ound on. Eftates. _ L<ind,&c. III. And that no Perfon may be furprized by the Power contained in this Aft, but may have timely Notice to appear to make their Complaints to the faid Juftices; Be it enafted by the Authority aforefaid, . That the Juftices of the Peace of any County, City, Riding, Divifion, Liberty or Place, or the major ^^'"^l ^^^ Part of them, being five at the Ieaft, at their Quarter-Seflions, at the Requeft of any Perfon, for the put- cepts to^OwMrs ting in Execution the Powers contained in this Aft for the enlarging of Highways, fhall ifTue out their of Ground, &c. Precepts to the Owner or Owners of Ground, or others interefted in the fame, that are to be laid into the faid Highways, to appear at the next Quarter-Seffions, or fhew Caufe why the faid Highways fhould not be enlarged ; any thing in this Aft contained to the contary notwithftanding. IV. Provided alfo, and be it enafted by the Authority aforefaid. That if any Order or Decree fhall be ^js'*' Months made by the faid Juftices for the laying out of Ground for the enlarging of Highways, that the Owners or jo™'t.-° l"' ^ Proprietors of the faid Ground have hereby free Liberty, within eight Months after fuch Order, to cut on^" eleiiTim- down any Wood or Timber growing upon the faid Ground, or upon the Negleft thereof, that the fame bev to be fold,^ fhall be fold by Order of the faid Juftices, and the Owners of fuch Wood or Timber fhall receive the &c. full of what fhall be made of fuch Wood or Timber ; the Charges of working the fame being firft de- Charges de- dufted. _ <'"'^=''- V. And be it further enafted by the Authority aforefaid. That it fhall and may be lawful for any Perfon ^PP=^' '? ^^^ aggrieved by the Order or Decree of the faid Juftices, to appeal to the Judges of Affize at the next Affize •'" S^^o^Affize,- only, to be held for the County where fuch Decree or Order fhall be made ; and any of the faid Judges are hereby impowered to re-examine, affirm or reverfe the faid former Order and Decree, as in Judgment they fhall think fit, and if affirmed, to award Cofts againft fuch Appellants for their Vexation and Delay, and to caufe the fame to be levied by Diftrefs and Sale af the Appellants Goods, rendring the Overplus (if any ^°^^ ^° be lev!- fuch bej to the faid Appellants. "^ ^^ ^^"'^ VI. Provided alfo, and be it enafted, That where any Common Highway at any Time hereafter fhall be J"'^'?== '"^y <!=- inclofed, after a Writ oi Ad quod Damnum ifTued, and Inquifition thereupon taken, it fhall and may be |-"^)-"°pf j'^"!* lawful to and for any Perfon or Perfons injured or aggrieved by fuch Inclofure, to make their Complaint fitions on Writ" thereof by Appeal to the Juftices at the Quarter- Seffions to be held for the fame County next after fuch of Ad quod Inquifition taken, who are hereby authorized and impowered to hear and determine fuch Appeal, and whofe ''^™""™- Determination therein fhalf be final ; and if no fuch Appeal be made, then the faid Inquifition and Return, entred and recorded by the Clerk of the Peace of fuch County at the Quarter- Seffions, fhall be for ever af- '^"° Appeal;^ terwards binding to all Perfons whatfoever, without any further or other Appeal; any Law or Statute j-q [^e inquifition;, ° . 1/1 J. ' ' rr i 1 tobeoinQinz» the contrary notwithftanding. VII. And for the better Convenience of travelling in fuch Parts of this Kingdom which are remote from Towns, and where feveral Highways meet; Be it further enafted by the Authority aforefaid. That it fhall and may be lawful to and for His Majefty's Juftices of the Peace, at their refpeftive Special Seffions, to be held once in four Months by virtue of an Aft made in the third and fourth Years of the Reign of King William and Queen Mary, intituled, An A£i for the better re-pairing and amending the Highways, and for 3&4W.&M. fettling the Rates of Carriagb of Goods, fo often, and in fuch Cafes, as they fhall think neceffary, to direft '^- '*■ their Precept to the Surveyors of the Highways, in any Parifh or Place where two or more Crofs Highways Where crofs meet, requiring them forthwith to caufe to be erefted or fixed, in the moft convenient Place where fuch '^isiiways meet. Ways join, a Stone or Poft, with an Infcripticn thereon in large Letters, containing the Name of the j^, ^°"^^°^^^ next Market Town to which each of the faid joining Highways leads, v^ho is to be reir(iburfed according as with the Name the faid Aft for the repairing of Highways diiefts: Aiid in cafe any Surveyor or Surveyors Laall, by the of the next Mar- Space ^' Town to