Page:Ruffhead - The Statutes at Large - vol 5.djvu/129

A. D. 1715. have fully performed their six Days Duty as by Law directed :' Be it therefore enacted by the Authority aforesaid,

That upon Application of the Surveyor or Surveyors of the Highways for any Parish or Town- ship to the Justices of the Peace for the County, City, Borough, Riding or Division of the County wherein such Parish or Township Hath, at their General or Quarter-Sessions or the Peace holden tor the said County, City, Borough, Riding or Division, the said Justices being satisfied that the Highways, Causways, and Parish-bridges belonging to the said Parish or Township are so far out of Order, that they cannot be repaired as they ought to be, without further Power than what the Laws have hitherto directed and ap- pointed, may at their Sessions, if they see fitting, cause Assessments to be made and Money to be raised, not exceeding the Proportions limited by the said Act, in any Parish or Parishes, Townships or Hamlets, as aforesaid and the Money to be dispofed as by the said Act is directed, for the better repairing of the said Highways, though the six Days Work have not been performed; but the raising Money by Assess- mnents not to excuse the Work of any Teams or Labourers, by Law appointed to work at the said Ways.

And it is hereby enacted and declared, That the justices of the Peace of all Cities, Corporations, Boroughs, and other Place:, are hereby empowered to put in Execution any Part of this, or any former Act or Acts relating to any Highways within their respective Jurisdidtions.

' And whereas divers broad as well as narrow Highways are much prejudiced and annoyed by watering Lands adjoining or near to the same, and by stopping up Ditches, and diverting usual Water- courses, or drawing Water-courses to the Prejudice of the Highways, or neglecting to scour and keep open such Ditches and Water-courses, or by leaving the Earth of such Ditches so scoured in the High- ways, to the Annoyance of them:' Be it therefore enacted by the Authority aforesaid,

That from and Penalty of not after the twenty-ninth Day of September one thousand seven hundred and sixteen, if any Person or Persons, who ought to scour and keep open such Ditches and usual Water-courses adjoining or near to the said Highways, and effectually to amend such Water-courses, and: to remove such other Annoyances to the Highways, shall, by the Space of thirty Days after due Notice thereof given by the Surveyors of the High- ways (which Notice the said Surveyors are hereby required to give) neglect or delay to do the same, or shall leave the Earth of Ditches scoured in the Highways for the Space of eight Days, Oath being thereof made by the said Surveyors before the Justices of the Peace at such their special Sessions for the Hundred, Division, or Place where such Ways do lie, such Person so offending shall, for every eight Yards of Ditch- ing so not scoured and kept open, forfeit the Sum of two Shillings and six Pence, and for each other Offence aforesaid any Sum not exceeding five Pounds, nor under twenty Shillings, to be levied by Warrant under the Hands and Seals of the said Justices, by Distress. and Sale of the Goods and Chattels of such Person so offending, rendring the Overplus, if any be, to the Owner:

Which Forfeitures shall be duly accounted for and applied by the said Surveyors to and for the Amendment of the said Highways : And the Surveyors of the Highways are hereby authorized and required with their Workmen to scour and keep open such Ditches and Water-courses, and to remove all Annoyances to all and every the Highways, and (where the Ditches and Drains already made are not sufficient to carry oft the Water that lies upon or annoys the Highways) to make new Ditches and Drains in and through the Lands next adjoining or near to the High- ways, and to keep them scoured, cleansed and open; and the said Surveyors are authorized to come upon. the said Lands to make such Ditches or scour the same with Workmen, for all and every of the Purposes aforesaid.

And be it further enacted by the Authority aforesaid, That where the justices of the Peace in City or Market-town (not having already particular Provision made for them therein by any former Law) or the major Part of them, at their General or Quarter-Sessions, shall judge it necessary to appoint a Scavenger or Scavengers for cleansing the Streets, the said Justices shall and may, from Time to Time, nominate and appoint such Person or Persons as they shall think fitting for that Purpose, and also to order the repairing of such Streets therein as they shall judge necessary; and for defraying the Charges thereof, an Assessment or Assessments, not exceeding six Pence in the Pound in one Year, shall and may, from Time, to Time, be equally made upon all and every the Occupiers or Owners of Houses, Lands,. Tenements, and Hereditaments in such Cities: And such Assessment or Asessments shall and may, from Time to Time, be made by such Person or Persons, and levied and collected in such Manner as the said. Justices by thier Order at such Sessions shall direct and appoint in that Behalf; and the Money thereby raised shall be em- ployed and accounted for, according to the Orders and Directions of the said Justices for and towards the repairing and cleansing the said Streets, from Time to Time; and the said Assessments being allowed under the Hands and Seals of such Justices, shall and may be levied,

by Warrant under their Hands and Seals, by Distress and Sale of the Goods and Chattels of such Persons (not paying the same within eight Days after Demand) rendring the Overplus, if any be, to the Owner, the necessary Charges of making, keep- ing, and settling such Distress being first deducted.

And be it further enacted by the Authority aforesaid, That if any Surveyor of the Highways shall neglect his Duty in any Thing required of him by this. Act, he shall forfeit, for every such Offence, the Sum of forty Shillings, to be levied and disposed of, as aforesaid.

And be it further enacted, That no Clerk, or Servant to any Justice of the Peace shall receive any Sum of Money or Fee whatsoever, of any Surveyor or Surveyors of the Highways, for the Oath taken, or Accounts given by them at such their special Sessions, as aforesaid; and if any Person or Persons shall receive any such Sum of Money or Fee, he shall forfeit the Sum of ten Pounds, to be recovered in any of his Majesty's Courts of Record, as aforesaid.

Provided always, if any Person or Persons shall find him or themselves aggrieved by any Thing that shall be done in the Execution of this Act (except as to such Persons who shall neglect to scour their