No. III. 'county bridges to the justices of the peace to purchase any such pieces or parcels of ground: And whereas by an Act made in the thirteenth 14 Geo. II. year of the reign of his present Majesty, intituled An Act for the amending c. 33. 13 Geo. II. c. 24. Justices of Quarter Sessions may pur chase Lands to build County Bridges. Concerning Bridges, sec farther 29 Geo. II. c. 40. 31 Geo. II. c. 20. and have Power to enlarge rection. and enforcing the Laws relating to Rogues Vagabonds and other idle and 'disorderly Persons, and for reducing the same into one Act of Parliament; and also for amending the Laws for erecting providing and regulating Houses of Correction; it is (amongst other things) enacted, That upon the presentment of the grand jury at the assizes great session or general gaol delivery held for any county or liberty that there is no house of 'correction, and that it will be necessary to provide one or more house or houses of correction in such county or liberty, or that the house or • houses of correction in any such county or liberty is or are not suffi⚫cient and want to be enlarged; the justices of the peace at their general 6 or quarter sessions shall have power to build erect or enlarge one or more fit and convenient house or houses of correction, or to purchase 6 one or more convenient house or houses for that purpose, or to purchase land to erect such house or houses of correction upon, and to make a 'convenient backside or backsides outlet or outlets thereto: And whereas in some counties and liberties where it is necessary to have a house or 'houses of correction there is or may be no assize great session or general gaol delivery, and in consequence there can be no presentment of such grand jury, so that in such cases the said Act is rendered ineffectual ;' Therefore for the better repairing and rebuilding county bridges and for supplying the defects of the said recited Acts, so far as the same relates to the repairing enlarging building and providing houses of correction, Be it 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 from and after the twenty-fourth day of June one thousand seven hundred and forty-one, the justices of the peace of any county city riding liberty or division at their general sessions or general quarter sessions assembled, or the major part of them, shall have power and are hereby authorised to purchase of or agree or contract with any person or persons bodies politick or corporate for any piece or parcel of land adjoining or near to any county bridge within the limits of their respective commissions for the more commodious enlarging or convenient rebuilding the same; (6.) which pieces or parcels of land shall not exceed one acre in the whole for any such bridge, and shall from time to time be paid for by the respective county treasurers out of any monies raised or to be raised by virtue of an Act made in the twelfth year of the reign of his present Majesty, intituled An Act for the more easy assessing collecting and levying of County Rates; such treasurers being thereunto authorised by orders under the hands and seals of the respective justices of the peace at their general sessions or general quarter sessions or the major part of them; which lands so purchased shall be conveyed to such person or persons as the said justices of the peace at their general sessions or general quarter sessions, or the major part of them, shall respectively appoint, in trust and for the uses and purposes of enlarging or rebuilding such bridges respectively. II. And be it further enacted by the authority aforesaid, That from and after the said twenty-fourth day of June one thousand seven hundred Houses of Cor- and forty-one the justices of the peace of any county city riding liberty or division at their general sessions or general quarter sessions assembled, or the major part of them, where there shall be no assizes great session or general gaol delivery held, upon the presentment of the grand jury to such justices at their general sessions or general quarter-sessions, shall have as full power and authority to repair and enlarge any house or houses of correction already built, or to purchase any house or houses for a house or houses of correction, or to build or erect any house or houses of correction, or to purchase land to erect such house or houses of correction (6.) This implicitly enables the Judges to alter the Position of Bridges: Per Buller I. R. v. Justices of Glamorgan, 5 T. R. 283. upon, and to make a convenient backside or backsides outlet or outlets thereto, as if such presentment had been made at the assizes great session or general gaol delivery in such manner as is directed and by the same ways and means as are provided in and by the said recited Act made in the thirteenth year of the reign of his present Majesty; any thing in the said Act contained to the contrary thereof in any wise notwithstanding. No. III. 14 Geo. II. c. 33. 39 Eliz. c. 17. III. And whereas it is enacted in and by the said Act made in the 7 Jac. I. c. 4. 'thirteenth year of the reign of his present Majesty, That the justice or 11 & 12 W. III. justices of the peace who shall make any pass for conveying any rogue c. 18. vagabond or incorrigible rogue shall at the same time cause to be de- 1 Ann, stat. 2, livered to the constable a certificate ascertaining the manner of convey- c. 13. ⚫ing such rogue vagabond or incorrigible rogue; and that when the place 5 Ann, c. 32. to which the person or persons apprehended are to be sent lies remote 6 Geo. I. c. 19. and there be one or more counties ridings or divisions intervening, the 'constable or other officer to whom such pass and certificate shall be given shall forthwith cause the person or persons therein named to be 'conveyed to the next house of correction in the same county riding or 'division where he or they shall dwell: And whereas it has been some'times found inconvenient and has created an extraordinary expence to 'send the person or persons apprehended who was or were to be imme'diately passed to some distant county riding or division by such justice or justices to the house of correction in the same county riding or divi'sion where he or they dwell, such house of correction often lying out of 'the direct way to the place where such person or persons was or were to be passed; For remedy whereof, be it further enacted by the autho- Justices may rity aforesaid, That from and after the said twenty-fourth day of June send Vagabonds one thousand seven hundred and forty-one it shall and may be lawful for to the most conany justice or justices of the peace to send any person or persons who venient House shall be apprehended as a rogue vagabond or incorrigible rogue to the of Correction, house of correction in the county riding or division where he or they &c. dwell, or to any other house of correction in the same county riding or Farther condivision as shall be most convenient for the passing such person or per- cerring Vasons; any thing in the said Act contained to the contrary thereof in any grants, see wise notwithstanding. [ No. IV. ] 43 George III. c. 59.—An Act for remedying certain Defects in the Laws relative to the Building and Repairing of County Bridges, and other Works maintained at the Expence of the Inhabitants of Counties in England.—[24th June 1803.] 17 Geo. II. c. 5. 25 Geo. II. c. 36-26 Geo. II. c. 34. c. 59. WHEREAS the inhabitants of counties in that part of the United 43 Geo. III. Kingdom called England are by law bound to repair support and 'maintain the public bridges commonly called County Bridges within such counties respectively and the roads at each of the ends thereof for limited distances; but the laws empowering them so to do are insuffi'cient and defective: And whereas doubts have arisen how far the said ' inhabitants are liable to improve such bridges when they are not suffi'ciently commodious for the public;' For remedy thereof, be it 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 Parlia- Surveyors of ment assembled, and by the authority of the same, That it shall be law- County Bridges, ful to and for the surveyor of bridges and other publick works in each &c. in England, and every county respectively within that part of the United Kingdoin empowered to called England, appointed or to be appointed by the justices at any general for the Repair quarter sessions of the peace to be holden for such county, and the said of Bridges, in surveyor is hereby authorised and empowered to search for take and carry the same Manaway gravel stone sand and other materials for the repair of such bridges ner as Surveyand roads at the ends thereof as the inhabitants of counties are bound to ors of Highrepair, and to remove obstructions and annoyances from such bridges and ways under roads in such and the same manner as the surveyor or surveyors of any 13 Geo. III. get Materials No. IV. c. 59. Quarter Ses common highway within this kingdom is or are by an Act made and 43 Geo. III. passed in the thirteenth year of the reign of his present Majesty, intituled An Act to explain amend and reduce into one Act of Parliament the Statutes now in being for the Amendment and Preservation of publick Highways within that part of Great Britain called England, and for other Purposes, authorized to do; and the several powers and authorities thereby vested in the surveyor or surveyors of highways, as well for the getting of materials as the preventing and removing of all nuisances and annoyances from such bridges and roads, shall be and the same are hereby vested in the surveyor and surveyors of county bridges and the roads at the ends thereof as aforesaid; and the several penalties forfeitures matters and things in the said Act contained relating to highways shall be and the same are hereby extended and applied as far as the same are applicable to such bridges and the roads at the ends thereof as aforesaid as fully and effectually as if the same and every part thereof were herein repeated and re-enacted; the said surveyor or surveyors making satisfaction and compensation for all trespass and damage done in the execution of the powers of this Act in such and the same manner as the surveyors of highways are required to make in and by the said abovementioned Act of the thirteenth year of the reign of his present Majesty." II. And be it further enacted, That where any bridge or bridges or sions may widen roads at the ends thereof repaired at the expence of any county shall be and improve or narrow and incommodious, it shall and may be lawful to and for the said alter the Situa- justices at any of their general quarter sessions to order and direct such ation of County bridge or bridges and roads to be widened improved and made commoBridges, &c. dious for the publick; and that where any bridge or bridges repaired at the expence of any county shall be so much in decay as to render the taking the same wholly down necessary or expedient, it shall and may be lawful to and for the said justices at any of their said general quarter sessious to order and direct the same to be rebuilt either on the old scite or situation or on any new one more convenient to the publick contiguous to or within two hundred yards of the former one as to such justices shall seem meet; and if for the purpose of altering the situation or of widening or enlarging any such bridge or bridges road or roads as aforesaid it shall be necessary to purchase any land or ground, it shall and may be lawful for such county surveyor or surveyors by and under the direction of such justices at their general quarter sessions as aforesaid to set out and ascertain the same, not exceeding in the whole one acre at any one such bridge as aforesaid, and to contract and agree with the owner or owners of such land and persons interested therein for the purchase thereof, either by a sun in gross or by an annual rent at the option of such owner or owners; and if the said surveyor or surveyors cannot agree with the said owner or owners for the purchase thereof or the recompense to be made for the same, or by reason of such owner or owners not being to be found shall be prevented from treating, then and in every such case the said justices in their general quarter sessions shall impannel a jury and assess the compensation and satisfaction for such land and for the trespass and damage to be done by the execution of the powers of this Act in the same manner as they are authorised and empowered to do by the said abovementioned Act of the thirteenth year of the reign of his present Majesty in relation to highways; and all and every the clauses powers provisions exemptions penalties matters and things in the said Act contained as well with respect to impannelling juries examining and swearing witnesses payments of expences enabling bodies politick corporate and collegiate and other incapacitated persons to sell and convey, and all other the powers and provisions of the said on Presentment Acts shall be and the same are hereby extended and applied to the works of Insufficiency, by this Act authorised to be done and performed, as far as the same are &c. applicable, as fully and effectually to all intents and purposes as if the same were herein particularly repeated and re-enacted; provided that no money shall be applied to the amendment or alteration of any such bridge or bridges until presentment shall have been made of the insufficiency inconveniency or want of reparation of such bridge or bridges in pur suance of some or one of the statutes made and now in force concerning publick bridges. (7) No. IV. c. 59. III. And be it further enacted, That the right and property of all tools 43 Geo. III. implements timber bricks stones gravel and other materials purchased gotten or had or to be purchased gotten or had by or by the order of jus tices in counties or the surveyor of county bridges for the time being, Tools and Maor in any respect belonging to such counties, shall be and the same are terials provided hereby vested in such surveyor for the time being, in whom upon any by the Quarter action or indictment being commenced or prosecuted such property may Sessions vested be laid. in the Sur IV. And be it further enacted, That the inhabitants of counties shall veyor. and may sue for any damages done to bridges and other works main- Inhabitants of tained and repaired at the expence of such counties respectively and for Counties may the recovering of any property belonging to such counties in the name of sue for Datheir surveyor, and also shall and may be sued in the name of such sur- mages done to veyor; and no action or prosecution to be brought or commenced by or Bridges, in the against the inhabitants of counties by virtue of this Act in the name of Name of the the said surveyor shall abate or be discontinued by the death or removal Surveyor. of such surveyor or by the act of the surveyor without the consent of the justices at their general quarter sessions assembled, but the surveyor for the time being shall be deemed the plaintiff or defendant in such actions, as the case may be: Provided always, that every such surveyor in whose name any action or suit shall be commenced prosecuted or defended in pursuance of this Act shall always be reimbursed and paid out of the monies in the hands of the treasurer of the publick stock of such county respectively all such costs and charges as he shall be put unto or become chargeable with by reason of his being so made plaintiff or defendant therein; and also all the costs and charges of prosecuting any indictment or indictments or other proceedings against any person or persons whom soever. V. And for the more clearly ascertaining the description of bridges What sort of hereafter to be erected, which inhabitants of counties shall and may be Bridges Inhabound or liable to repair and maintain: Be it further enacted, That no bitants of Counbridge hereafter to be erected or built in any county by or at the ex- ties shall be liapence of any individual or private person or persons body politick or ble to repair. corporate shall be deemed or taken to be a county bridge or a bridge which the inhabitants of any county shall be compellable or liable to maintain or repair, unless such bridge shall be erected in a substantial and commodious manner, under the direction or to the satisfaction of the county surveyor or person appointed by the justices of the peace at their general quarter sessions assembled, or by the justices of the peace of the county of Lancaster at their annual general sessions; and which surveyor or person so appointed is hereby required to superintend and inspect the erection of such bridge when thereunto requested by the party or parties desirous of erecting the same; and in case the said party or parties shall be dissatisfied the matter shall be determined by the said justices respectively at their next general quarter sessions or at their annual general sessions in the county of Lancaster. VI. And be it further enacted, That all orders and proceedings made Orders respectand had within the county of York relative to county bridges shall in ing County future be made and had by the justices of the respective ridings assembled Bridge in the County of York shall be made at the Easter Sessions. (7.) The Justices of Dorset having under the Stat. 43 Geo. 3. c. 59. contracted for the building of a new Bridge in a different scite, in lieu of the old one, which was ruinous; and having directed the old Bridge to be taken down before the new one was passable, for the benefit of the old materials to be used by the Contractor in finishing the new Bridge; the Court refused a Writ of Prohibition to them to restrain them from pulling down the old before the new Bridge was passable; though there were strong affidavits of the inconvenience and loss to be sustained by the neighbourhood, in being obliged to use a round-about way in the interval: referring the Complainants to the ordinary remedy by indictment, if the pulling down the old Bridge, under those circumstances, were a nuisance; and seeing no occasion to interfere by applying a prompt remedy of a novel kind in modern practice. Rex v. the Justices of Dorset, 15 E. R. 594. at the annual and general quarter sessions of the peace holden the first whole week after Easter and at no other sessions whatever within such ridings, except at such adjournment as shall be made at the above annual and general quarter sessions so holden as aforesaid for the express purpose of carrying such orders made as aforesaid into effect: Provided nevertheless, that it shall and may be lawful for any two justices of the said ridings respectively in cases of emergency to give such orders for making temporary bridges or such temporary repairs as shall be necessary for the temporary accommodation of the publick. VII. Provided always, and be it further enacted, That nothing herein contained shall extend to any bridges or roads which any person or persons bodies politick or corporate is are or shall be liable to maintain or repair by reason of tenure or by prescription or to alter or affect the right to repair such bridges or roads. "Publick Act, § 8." [ No. V. ] 52 George III. c. 110.-An Act for amending an Act passed in the Twelfth Year of his late Majesty King George the Second, intituled, An Act for the more easy assessing, collecting, and levying of County Rates; and for the remedying certain Defects in the Laws relating to the repairing of County Bridges and other Works maintained at the expence of the Inhabitants of Counties in England.—[9th July 1812.] WHEREAS by an Act passed in the Twelfth year of his late Majesty King George the Second, intituled An Act for the more easy assessing collecting and levying of County Rates, (1.) it is enacted, That no part of the money to be raised and collected in pursuance of this Act shall be applied to the repair of any bridges gaols prisons or houses of correction until presentments be made by the respective grand juries at the assize great sessions general gaol delivery or general or quarter 'sessions of the peace, held for any county riding division city town corporate or liberty, of the insufficiency inconveniency or want of repara⚫tion of their bridges gaols prisons or houses of correction; and it is fur'ther enacted, That from and after the first day of June one thousand 'seven hundred and thirty-nine, when any public bridges ramparts banks or cops or other works are to be repaired at the expence of any county city riding hundred division liberty or town corporate, it shall and may be lawful to and for the justices of the peace at their general or quarter 'sessions respectively, or the greater part of them then and there assembled if they think proper and convenient, after presentment to be made ' as aforesaid of the want of reparation of such bridges ramparts banks or 6 cops, to contract and agree with any person or persons for rebuilding repairing and amending of such bridges ramparts banks or cops as shall be within their respective counties cities ridings hundreds divisions liberties or towns corporate, and all other works which are to be re'paired and done by assessment on the respective counties cities ridings • hundreds divisions liberties or towns corporate for any term or terms of ycars not exceeding seven years, at a certain annual sum payment or allowance for the same, such contractor or contractors giving sufficient security for the due performance thereof to the respective clerk of the peace for the time being, or the town clerk high bailiff or chief officer of any city town corporate or liberty; and that such justices at their respective gene: al or quarter sessions shall give public notice of their intention of contracting with any person or persons for rebuilding repairing and amending the bridges ramparts banks or cops and other works aforesaid, and that such contracts shall be made at the most reasonable price or prices which shall be proposed by such contractors (1.) Inserted post. title County Ratc. |