A BIL L To consolidate and amend the Laws relating to [Note.-The Words printed in Italics are proposed to be inserted in the Committee.] 5 HEREAS it is expedient to amend the Laws relating to Preamble. to consolidate the same in one Act, and to make other Provisions respecting Highways; B it therefore Enacted, by The KING's most Excellent MAJESTY, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, THAT so much Repeal of of an Act passed in the twenty-second year of the reign of King HENRY 22 H. 8. c. 5. the Eighth, as relates to the Repair of parts of Highways distant $9. 10 from the ends of Bridges by the space of three hundred feet; and also, 18 Geo. 2. c. 33. Except, &c. so much of an Act passed in the sixth year of the reign of King GEORGE 6 Geo. 1. c. 6. the First, intituled, "An Act for preventing the carriage of excessive Except, &c. "Loads of Meal, Malt, Bricks and Coals within ten miles of the cities "of London and Westminster," as relates to the carriage of Bricks, 15 except so far as relates to the city of London; and also, an Act passed in the eighteenth year of the reign of King GEORGE the Second, intituled, "An Act to repeal a Clause made in the third year of the reign of King William and Queen Mary, relating to Carts used by persons inhabiting within the limits of the Weekly Bills of Mortality, 20 "and to allow such Carts to be drawn by three horses, and to prevent "the Misbehaviour of the Drivers of Carts within the said limits," except so far as the same relates to the city of London; and also, so much of an Act passed in the twenty-fourth year of the reign of King GEORGE the Second, intituled, “An Act for the more effectual preservation of thirtieth of the reign of King GEORGE the Second, intituled, દ year "An Act to explain and amend an Act made in the eighteenth year of His present Majesty's reign, to prevent the Misbehaviour of the Drivers of "Carts in the Streets in London, Westminster, and the limits of the 15 Weekly Bills of Mortality, and for other purposes in this Act mentioned," except so far as the same relate to the city of London; and also, an Act passed in the thirteenth year of the reign of King GEORGE the Third, intituled, "An Act to explain, amend and reduce into one Act "of Parliament the Statutes now in being for the amendment and 20 "preservation of the public Highways within that part of Great Britain "called England, and for other purposes;" and also, an Act passed in the thirty-fourth year of the reign of King GEORGE the Third, intituled, "An Act for the more effectually repairing of such parts of the Highways of this Kingdom as are to be repaired by two Parishes ;" and 25 also, an Act passed in this same thirty-fourth year of the reign of King GEORGE the Third, intituled, " An Act for varying some of the "Provisions in an Act of the thirteenth year of His present Majesty's reign, respecting the public Highways within that part of Great "Britain called England, which relates to the performance of Statute 30 Duty;" and also, so much of an Act passed in the forty-second year of the reign of King GEORGE the Third, intituled, "An Act for amending the Laws relating to the Militia in England, and for augmenting the Militia," as relates to the exemption of any Serjeant, Corporal, Drummer or Private of the Militia from performing Highway 35 Duty, commonly called Statute Duty; and also, an Act passed in the forty-fourth year of the reign of King GEORGE the Third, intituled, "An Act to alter and amend so much of an Act passed in the thirty"fourth year of His present Majesty, as relates to the amount of Sums to be paid by persons compounding for the performance of Statute "Duty;" and also, an Act passed in the fifty-fourth year of the reign of King GEORGE the Third, intituled, "An Act to amend an Act of "the thirteenth year of His present Majesty, to explain, amend and "reduce into one Act the Statutes now in force for the amendment and "preservation of the public Highways within England, and for other purposes;" and also, an Act passed in the fifty-fifth year of the reign 40 5 of 5 of King GEORGE the Third, intituled, "An Act to amend an Act of "the thirteenth year of His present Majesty, for the amendment and "preservation of the public Highways, in so far as the same relates to "Notice of Appeal against turning or diverting a public Highway, and "to extend the Provisions of the same Act to the stopping up of "unnecessary Roads," shall be and the same are hereby Repealed. Provided always, and be it Enacted, That nothing herein contained Not to revive repealed Acts. shall extend or be construed to extend so as to revive or give any force or effect to any Act repealed by the said recited Acts, or any of 10 them, but such Acts shall be and continue repealed in such and the like manner as if this Act had not been made. 15 Provided always, and be it further Enacted, That nothing herein contained shall extend or be deemed or construed to extend to prevent the suing for or recovery of any Penalty incurred by any Offence committed against the provisions of the said recited Acts, or any of them, previous to the Repeal of the said Acts in and by this Act, or to prevent or defeat any Prosecution commenced or to be brought for such Offence; but all Penalties and Forfeitures incurred may be sued for and recovered, and all Encroachments, Nuisances and other Offences made or com20 mitted previous to the Repeal of the said Acts, against the provisions of the said Acts, or any of them, may be abated or prosecuted by the Waywarden appointed under this Act, in the same manner to all intents and purposes as if this Act had not been passed. 25 annually on the 25th to be elected March. And be it further Enacted, That upon the Twenty-fifth day of March Waywarden in every year, or if that should happen on a Sunday, then on the day next following, the Inhabitants of every parish or part of any parish maintaining its own Highways, shall assemble together in Vestry, at the usual place of public meetings for such parish, for the purpose of electing and choosing one or more persons, not exceeding Five, as 30 they may think proper, to serve the office of Waywarden in the said parish for the year then next ensuing: Provided always, That any May be reoutgoing Waywarden shall continue to act until his Successor shall be appointed, and shall be re-eligible, and may be re-elected, and shall in such case continue to act and remain in office, any thing herein con35 tained to the contrary notwithstanding. elected. of Electors. And be it further Enacted, That at every such Meeting every Inhabi- Qualification tant present who shall by the last Rate which shall have been made for the relief of the poor of the parish have been assessed or charged upon or in respect of any annual Rent, Profit or Value not amounting to 40 Fifty Pounds, shall have and be entitled to give one Vote and no more; and every Inhabitant then present who shall in such last Rate have been assessed or charged upon or in respect of any annual Rent, Profit or Value amounting to Fifty Pounds or upwards (whether in one or Chairman to be elected to preside at Meetings. Qualification of Wayward of Election. 5 more than one sum or charge) shall have and be entitled to give one And be it further Enacted, That such Person as may be elected by the Inhabitants present shall preside as Chairman at such Meetings; and that if any Controversy shall arise at any such Meeting, as to the qualification or right of voting, or eligibility of any person claiming to vote, 25 or as to the qualification or eligibility of any Candidate, such Controversy shall be determined by the Chairman presiding at such Meeting. And be it further Enacted, That the Waywarden herein mentioned ens, and mode shall be elected in manner following; (that is to say) Each Candidate being a person living within the parish, or within Five Miles thereof, 30 and having an estate in houses, lands, tenements or hereditaments lying within such parish, in his own right or in right of his wife, of the value of Ten Pounds by the year, or a personal estate of the value of One hundred Pounds, or being an occupier or tenant of houses, lands, tenements or hereditaments (whether resident within the parish or within 35 Five Miles thereof, and having paid his Rates as aforesaid) of the yearly value of Twenty Pounds, shall be eligible to be elected a Waywarden for the purposes of this Act, and shall be proposed at the said Meeting by some person duly qualified to vote thereat, and shall be seconded by some other person in like manner qualified; and if more Candidates than 40 the number of Waywardens authorized to be elected by such Meeting shall be proposed, and a Poll shall be demanded by any Three Persons qualified to vote on behalf of any such Candidates, then the Chairman shall open and proceed with such Poll, and in a book prepared for that purpose 5 purpose (which book the Churchwardens of each parish are hereby required to cause to be prepared) shall enter or cause to be entered the names of all such Candidates, and the name of every Person duly qualified to be present and vote and who shall desire to vote, together with his description and abode, and shall register the Vote of every such person for every or any such Candidate, as every such person may respectively require; and if the Votes of all the Persons duly qualified and desirous to vote cannot be conveniently collected and registered by Four of the clock of the same day upon which the Poll shall have been commenced, then 10 the Chairman shall at that hour adjourn such Poll to the day next succeeding, unless such day shall be a Sunday or Good Friday, and in that case to the day following, and then proceed to collect and register the Votes of persons duly qualified and applying to vote; and in the event of the Votes so polled as aforesaid being equal in number, the 15 said Chairman shall have the casting Vote: Provided nevetheless, That the Poll shall finally close at Four of the clock on the day to which it shall have been adjourned, or sooner, provided all persons duly qualified and desirous to vote shall have voted, or after the lapse of one hour without any person offering to vote; and as soon after the 20 close of the Poll as may be possible, the result thereof shall be declared at the place where the Election may have been holden, and certified in writing by the Chairman to the Overseers of the Poor; and Notice of such Election shall, within Three Days then next following, be sent by the said Chairman to the person so elected Waywarden; and the said 25 Churchwardens shall be reimbursed all such reasonable charges and expenses (as may be incurred in providing books, and otherwise in performance of the duties hereby required of them) by the Candidates at the said Election for the said office, or by the Party so proposing him as aforesaid. 30 35 And be it further Enacted, That in case any Waywarden shall die, or shall cease to possess the qualification herein mentioned, or shall neglect to act, such neglect being proved to the satisfaction of any Two Justices, and in case of any casual Vacancy happening in any way whatsoever, so that the number of Waywardens shall be reduced to less than the number chosen and elected at any such Meeting as aforesaid, Notice shall be immediately given by an acting Waywarden to the Churchwardens of the parish, who shall within Ten Days after the receipt of such notice as aforesaid notify the time for a public Meeting of the Inhabitants of the said parish, and shall forthwith cause a Notice 40 containing the time and place of meeting to be affixed on the principal outer door of the Parish Church situate within such parish Three Days previous to the day appointed for holding such Meeting, and at such last-mentioned Meeting the Vacancy shall be filled up in the same manner as is herein provided for the election of Waywarden. Manner of filling up Vacancy in case of Death, &c. of Waywarden. |