Page:Ruffhead - The Statutes at Large - vol 5.djvu/128

 88 C> 5 s * Anno primo Georgii Regis. Stat. 2. A. D. 171 5-. ■c a r Lir. An Act for making the taws for repairing the Highways fhdre effectual. i Ei. i.Q 2, C % K7 H E R E A S there are fome Defers in the Laws for the better repairing of Highways* ahd alfd I, 5. ' VV fome Neglects in the Execution of the fame, fo that they are not fo effectual to the End for 3 &i P. t¥M. £ which they were made :' Be it therefore enacted by the King's moft Excellent Majefty, by and with the c. 8. j$ El. c.jo, Advice andConfent of the Lords Spiritual and Temporal, and Commons, in this prefent Parliament affem- 13^ 14 Car. 2. jjjg^ an( j j^y. ^ Authority of the fame, That all the Laws and Statutes now in Force, for or concerning All the Laws for the repairing of common Highways, and not hereby altered or repealed, fhall be duly put in Execution ao repairing High- cording to the Tenor of the. faid Laws. ways /hall ! be put II. -And be it enacted, That all Surveyors of the Highways, appointed or that fhall be appointed by in Execution. v j rtae f an Act of the third and fourth of King William and Queen Mary, intituled, An Ail for the better Surveyors ap- re p a ' v ,-' n m and amending bfHishwayk and for fettling the Rates and Carriage of Goods, fhall within fourteen pointed by the ~J p, . ° J * J. '.,-»_■' J i r.c r-r- <+>- a J r -x r • * ASciic/L w. '-Days after the Acceptance of their (Jfhce, and io from 1 tme to 1 tme, every four Months or oftener, if & M. c. i2. required thereto by Warrant of any two or more Juftices of the Peace, view all the Rdadsj common High- /hall view the ways, Bridges, Caufways, Pavements, Hedges, Ditches, and Water-courfes appertaining to fuch High- Roads, &c. ways, together with all Nufances, or Incroachments made or committed in or upon any of them, within the Parifh, Townfhip, Village, Hamlet, Precinct, or Tithing where they are Surveyors, and give a par- ana give an Ac- ticular and true Account in Writing upon Oath of the State and Condition of all fuch Highways, and of "the Condition more elpecially of fuch Faults and Defects in any of them as want to be amended or repaired,- and of the thereof, Sec. to Neglects of Labourers, and of thofe that are obliged to find Labourers or Teams for the Repair of the the fpecial Sef- Highways, as required by Law, to the Juftices at their next fpecial Seffions to be holden for the Amend- fions. ment of the Highways, according to the faid recited Act, to the end that the faid Accounts may b~e care- 3 a 4 W. &M. f u j]y preferved, and that at all future Seffions the Juftices of the faid Divifion may have full Information off •and may be able to examine into the particular State and Condition of all the Roads, Bridges, Caufways, Pavements, Hedges, Ditches, and Water-courfes, as aforefaid, and may the better execute the Powers in the Laws relating to Highways-; and all Surveyors neglecting to give fuch Account, as aforefaid, fhall fufterthe fame Penalty as if they refufed to execute the faid Office, to be levied and difpofed of as by the aforefaid Act is directed, unlefs they fhall have fome reafonable Excufe for omitting the fame, to be allow- ed by the Juftices of the Peace of the fame Divifion at fuch their fpecial Seffions. juftices tb ap- jjj^ j^ n ^ j t j s hereby further enacted and declared, That the Juftices of the Peace at fuch their fpecial iations. C ^~ Seffions, by Writing under their Hands and Seals, may order and appoint the Reparation of thofe great Roads which do moft want Repair within the Hundred or Divifion where fuch Seffion is held, to be firft amended, and at what Time or in what Manner the fame fhall be performed, according to which Order, if fuch there be_, all and fingular the refpective Surveyors of the faid Highways are hereby required to pro- ceed within their refpective Liberties. The Highways IV. And it is hereby further enactedahd declared; That all Surveyors of Highways fhall take the firft •to be repaired moft convenient and feafonable Time of the Year, for repairing and amending the Highways within their ore """?"■ refpective Liberties, and take care as far as is poffible, that the faid Work may be perfected before the Time of Harveft; and that they accordingly fummon the Teams and Labourers; by Law obliged to work at the faid Highways, to come in upon fuch moft early and feafonable Days as the Year fhall afford, and to repair -fuch Ways in Priority as the Juftices of the Peace at fuch their fpecial Seffions fhall direct and order, in Manner as is herein before exprefled j and in cafe of no fuch Order from the faid Juftices, then to repair fuch Highways as to the faid Surveyors fhall feem moft needful of Reparations. Penalty ofmif- y_ y_ nc j jj e ; t enacted, That if any Fine, Penalty or Forfeiture, fhall be laid upon any Surveyor or other Jin's"&c C Perfon or Perfons, for not doing his or their Duty for the Amendment of any Highways, and the faid Fines, Penalties or Forfeitures fhall be any ways mifapplied by any Perfon or Perfons whatfoever, or by his or their Order or Direction, upon Proof thereof, upon Oath before the Juftices at fuch their fpecial Seffions, every Perfon fo offending fhall forfeit the Sum of five Pounds to fuch Perfon or Perfons as fhall give Information thereof to the Juftices as aforefaid, to be levied by Diftrefs and Sale of the Offenders Goods, rendring the Overplus to the Owners ; and the faid Juftices at fuch their fpecial Seffions are here- by impowered to examine upon Oath all Perfons who can give any Account of any Money that ought to he- applied for the Amendment of Highways, ar.d levy the Penalties, and difpofe of the Forfeitures as afore- faid. % -&4 W. & M. ' VI. And whereas it is enacted by an Act .made in the third and fourth of King William and Queen fc "• ' Mary, That where the Juftices of the Peace of any County, City, Borough, or other Place, at their ' General Quarter- feilions, fiiall be fully fatisned, that the common Highways.; Caufways, Bridges, Streets, ' or other Places within any Parifh, Townfriip, Hamlet, or other Place within their refpective Jurif- ' dictions, cannot be fufticiently repaired, amended, paved, cleanfed and fupported, without the Help of the ' faid Act, That then they may caufe Affell'ments to be made, and the Money raifed to be difpofed of as by 5 that Act is directed ; by the general Conftruction or Execution of which Act, it is ufually conftrued and 1 underftood, that no Money can legally be raifed by AfTeffment towards the Repair of any Highways, Cauf- ? ways, or Parifh-bridges, till all and every the Teams and Labourers appointed to work at the faid Ways 'iiave.