6 respectively; and that all contracts when agreed to and all orders relating thereto shall be entered in a book to be kept by 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 for that purpose, who 'is and are hereby required to keep them amongst the records of such ⚫ county city town corporate or liberty, to be from time to time inspected ' at all seasonable times by any of the said justices within the limits of 'their commissions, and by any person or persons employed or to be ' employed by any parish township or place contributing to the purposes of this Act, without fee or reward: And whereas great expence in the repairs of county bridges ramparts banks cops and other works appertaining to the same and of the roads over the same, and of so much of the roads at the ends thereof as by law is to be repaired at the expence of any county riding hundred division liberty or town corporate, and great inconvenience to the public may be often in a great measure prevented by the timely and immediate repair of any inconsiderable damage injury defect or sudden want of repair or amendment of the same, without the delay which must generally arise from the necessity im'posed by the aforesaid Act of a presentment by the grand jury at the assize great sessions or general or quarter sessions of the peace held for any county city riding division town corporate or liberty of the want of reparation of the same; by means of which delay the aforesaid want of repair is often very much increased to the great expence of the county and great inconvenience of the public: And whereas it is also ⚫ expedient that the justices of the peace of any county city riding divi⚫sion town corporate or liberty at their general quarter sessions respectively, before any presentment shall have been made as aforesaid, as 'directed by the aforesaid Act, of the want of repair of such roads, should be enabled without any such presentment to contract and agree with ⚫ certain persons hereinafter mentioned for the repairing and amending of the same; and also for keeping the same in repair when so repaired No. V. 52 Geo. III c. 110. ⚫ and amended;' Be it therefore enacted by the King's most excellent Quarter SesMajesty, by and with the advice and consent of the Lords Spiritual and sions may ap Temporal and Commons in this present Parliament assembled, and by point Justices the authority of the same, That from and after the first day of July one to superintend thousand eight hundred and twelve, it shall and may be lawful for the Repairs. justices of the peace of any county city riding division town corporate or liberty, at their general quarter sessions or great sessions respectively, to be holden in the week next after the clause of Easter, or the greater part of them then and there assembled, to appoint annually two or more justices of the peace acting in and for any division of justices in such county city riding division town corporate or liberty, in or near which any such county bridge or any bridge which is in part a county bridge ramparts banks cops or other works appertaining to the same or any part or parts thereof, or the roads over the same, or so much of the roads at the ends thereof as by law is to be repaired at the expence of any county city riding division town corporate or liberty shall be situate, to superintend the same, and whenever it shall appear on their own inspection to be necessary for the purpose of preventing the further decay and injury of the same to order any immediate repairs or amendments to be done to the same or to any part thereof; but it shall and may be lawful for any two such justices so to be appointed as aforesaid, and any two such justices are hereby empowered by a written order signed by their hands respectively, to order such immediate repairs to be done by such person or persons as to them shall seem fit and proper: Provided, that in no case the sum to be ex- Expenditure. pended by them in such repairs shall exceed the sum of twenty pounds; and further, that such appointments of such justices as aforesaid shall re- Justices to remain in force until one week after the following Easter sessions respec- main in Office tively; and that in case of the death of or removal of or refusal to act by for One Year, any such justice or justices so appointed as aforesaid, the said court of general or quarter sessions or great sessions may at any other of the four quarterly sessions appoint any other justice or justices to act for the reVOL. VII. I No. V. mainder of the then current year, in the place of any such justice or jus 52 Geo. III, tices so dying removing or refusing to act as aforesaid. c. 110. Quarter Sessions to order Payment for Repairs. Certificate signed by One Justice. Justices at Ses sions may appoint Two Jus tices before Easter Sessions. II. And be it further enacted by the authority aforesaid, That it shall and may be lawful for the justices of the peace of any county city riding division town corporate or liberty, at the general quarter sessions or great sessions which shall next happen after such repairs so ordered to be made by such justices so appointed as aforesaid shall be completed, or the greater part of them then and there assembled, to order the payment of such sum or sums of money not exceeding ten pounds, as shall be sufficient to pay for such repairs, to be made out of the county rate to such person or persons who shall have so repaired the same by such order of such justices as aforesaid, although no presentment shall have been made by any grand jury at the assize great sessions or general quarter sessions of the peace of any county city riding division town corporate or liberty in which such repairs shall have been done, of the want of such reparation, as by the said Act of the twelfth year of his late Majesty King George the Second above recited was directed: Provided nevertheless, that before such payment be ordered to be made as aforesaid, a certificate be returned to such justices of the peace so assembled at such last-mentioned sessions, signed by two at the least of such justices so appointed as aforesaid, who shall have so ordered such repairs as aforesaid, stating the nature of such repairs and the defects damage or injuries which they had so ordered to be repaired, and their reason for so ordering such immediate repairs as aforesaid: Provided also that such justices of the peace so assembled as last aforesaid, be satisfied by the parties concerned that the charges so made by them for such repairs are reasonable and just. III. Provided always, and be it enacted, That from and after the first day of July one thousand eight hundred and twelve it shall and may be lawful for the justices of the peace of any county city riding division town corporate or liberty, at any general quarter sessions or great sessions respectively to be holden in any such county city riding division town corporate or liberty, before the general or great sessions which shall be holden in such county city riding division town corporate or liberty in the week after the clause of Easter next after the said first day of July, or the greater part of them then and there assembled if they shall so think proper, to make such appointment or appointments of justices as they have been hereinbefore by this Act authorised to make at any such Easter sessions, and such appointment or appointments shall be in force until one week after the then next Easter Sessions. Provisions of IV. And it is hereby further enacted, That in case of any such apEaster Appoint-pointment or appointments being made as are herein lastly mentioned ment to apply. and authorised by this Act, all the provisions rules regulations powers directions and authorities of this Act, which are applicable in case of any appointment or appointments being made at any such Easter sessions, shall apply in the same manner and in every respect whatsoever, in case of any such appointment or appointments being made, as are hereby authorised at any such sessions as shall be held before the Easter sessions which shall be held next after the said first day of July one thousand eight hundred and twelve. Justices may V. And be it further enacted by the authority aforesaid, That from contract for Re- and after the first day of July one thousand eight hundred and twelve pair of Bridges. it shall and may be lawful for the justices of the peace of any county city riding division town corporate or liberty at their general quarter sessions respectively, or the greater part of them then and there assembled, if they shall think proper and convenient, to contract and agree with the commissioner or commissioners trustee or trustees of any turnpike road within the said county city riding division town corporate or liberty, or with their surveyor or clerk, or with both their surveyor and clerk, or with the surveyor or surveyors of the highway of any parish place or tything within the said county city riding division town corporate or liberty respectively, or with any other person or persons for the main No. V. c. 110. taining and keeping in repair roads over any county bridges and of so much of the roads at the ending thereof as by law is to be repaired at 52 Geo. III the expence of any such county city riding division town corporate or liberty, or any part of the same, for any term not exceeding seven years nor less than one, although no presentment shall have been made as directed by the said recited Act of the twelfth year of his late Majesty King George the Second of the insufficiency inconveniency decay or want of repair of the same; subject however to all the rules restrictions regulations directions and conditions required by the above recited Act in case where the same shall have been presented or directed by that Act. [ No. VI. ] 54 George III. c. 90.-An Act to explain and extend an Act, passed in the Forty-third Year of his present Majesty, intituled An Act for remedying 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; and for extending the said Act to Bridges and other Works maintained at the Expence of Hundreds.-[14th July 1814]. 12 G. 2. c. 29 § 13. 54 Geo. III_ c. 90. WHEREAS doubts have been entertained whether the power contained in an Act passed in the forty-third year of the reign of his present Majesty, intituled An Act for remedying certain Defects in the Laws relative to the building and repairing of County Bridges and other 43 G. 3. c. 59— Works maintained at the Expence of the Inhabitants of Counties in England, for the purchasing of any land or ground, do extend to the purchase of any building or buildings or other erections;' For remedy whereof, May it therefore please your Majesty that it may be enacted; and 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 all and every the powers and authorities in the said Act mentioned Extended to and contained for the purchase of any land or ground for the purposes of Purchase of the said Act shall extend and be deemed and construed to extend to all Buildings, &c. as such building or buildings or other erections as may be necessary to be well as to Pur purchased for the purposes of the said Act. chase of Land II. And whereas it is expedient that the provisions of the said Act as ' after mentioned should be extended to bridges repaired by the inhabi'tants of hundreds and other general divisions of counties; Be it further enacted, That the said Act and all the powers and provisions thereof (except such provisions therein as relate to bridges thereafter to be erected and built) shall extend as well to bridges and the roads at the ends thereof repaired by the inhabitants of hundreds and other general divisions in the nature of hundreds as to bridges and the roads at the ends thereof repaired by the inhabitants of counties. [ No. VII. ] 59 Geo. III. c. 143.-An Act to amend the Acts relating to the building and repairing of County Bridges. [6th July 1815.] Extended to Bridges, &c. re. paired by Hun dreds or other Divisions of Counties. 55 Geo. III. WHEREAS in and by an Act made and passed in the forty-third year of the reign of his present Majesty, intituled An Act for remedying certain Defects in the Laws relative to the building and repairing of County 43 Geo.3.c.59. Bridges, and other Works maintained at the Expence of the Inhabitants of Counties in England, it is enacted that it should be lawful to and for the surveyor of bridges and other public works in each and every county respectively within that part of the United Kingdom called England, appointed or to be appointed by the justices at any general quarter sessions of the peace to be holden for such county, and the said surveyors were No. VII. c. 143. 54 Geo.3.c. 90. thereby authorised and empowered to search for take and carry away 59 Geo. III. gravel stone sand and other materials for the repair of certain bridges therein mentioned and roads at the ends thereof, being such as the inhabitants of counties are bound to repair, and to remove obstructions and annoyances from such bridges and roads in such and the same manner as the surveyor or surveyors of any common highway within this kingdom is or are by an Act passed in the thirteenth year of the reign of his 13 Geo. 3. c.49. 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 the Public Highways within that part of Great Britain called England and for other Purposes authorised 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 from such bridges and roads, should be and the same were thereby 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 should be and the same were thereby 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 therein repeated and re-enacted; the surveyor or surveyors making satisfaction and compensation for all trespass and damage done in the execution of the powers of that Act in such and the same manner as the surveyors of highways are required to make in and by the said recited Act: And whereas an Act was made in the fifty-fourth year of the reign of his present Majesty, intituled An Act to explain and extend an Act passed in the Forty-third year of his present Majesty, intituled An Act for remedying 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,' and for extending the said Act to Bridges and other Works maintained at the Expence of Hundreds : And whereas it is expedient that surveyors of county bridges and other persons being under contract for the rebuilding or repairing such bridges or bridges repaired by the inhabitants of hundreds and other gencral divisions of counties in the nature of hundreds, should have a more extended power for procuring materials than is at present vested in such surveyors of county bridges by the operation of the said first-recited Act, so far as relates to the procuring of stone for such purposes from quarries; Be 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 from and after the passing of this Act it shall and may be lawful to and for every surveyor of such bridges in each and every county within that part of the United Kingdom called England, appointed or to be appointed by the justices at any general quarter sessions of the peace to be holden for such county; and also to and for the bridge master or all and every persons or person who may at the passing of this Act or from and after the passing thereof be under contract for the rebuilding or repairing of any public bridge built or repaired at the expence of the inhabitants of any such county hundred or general division as aforesaid; and such surveyor and surveyors and also such other person or persons are hereby authorised and empowered, with the consent and by the order of two justices of the peace acting for the county in which such bridge is intended to be rebuilt or repaired first had and obtained for that purpose, to search for work dig get and carry away any stone in from or out of any quarry or quarries whatsoever within the county or counties to which such bridge may belong; other than and except such quarries as may be situated within a garden yard avenue to a house lawn park paddock or inclosed plantation, or as may now or hereafter have ornamental timber trees growing thereon, without the licence or consent of the owner or owners of such quarry or quarries as such surveyor or other person or persons shall judge necessary for the rebuilding or repairing of such bridges respectively, provided such quarry or quarries shall have been Surveyors of County Bridges, and other Persons employed under Contracts, empow ered to take Stones for the Order of Two Peace neces- Quarries situated in Gardens and Pleasure Grounds not to be used without Con sent of the Qwners. c. 143. worked within the last three years preceding the time when such bridge No. VII. shall be about to be rebuilt or repaired; the said surveyor or other person 59 Geo. III. or persons making such satisfaction and recompence for the value of such stone and also for the damage to be done to such quarry or quarries by the getting and carrying away the same as shall be agreed upon between him or them and the owner occupier or other person interested in such Satisfaction to quarry or quarries respectively; and in case they cannot agree, or such be made for owner or occupier or other person interested shall refuse to treat, then Stone, and Daand in every such case the justices of the peace at their general or quarter mage done. sessions or any two or more of them appointed for that purpose, fourteen In case of Redays notice having been given to the owner or his agent of the intention fusal to treat, to require a jury, shall cause the value of such stones and amount of such Justices at Gedamage to be inquired into and ascertained by a jury of indifferent men neral or Quarter of the county riding division city town liberty or preciuct wherein the Sessions shall same shall be situated; and to that end shall suminon and call before cause the Value such jury and examine upon oath (which oath any two or more of such of the Stones, justices of the peace is and are hereby empowered to administer) any and Amount of person or persons whomsoever; and such justices of the peace or any the Damage two of them shall by ordering a view or otherwise use all ways and done, to be asmeans for the information of themselves and of such jury in the pre- certained by a mises; and when such jury shall have inquired of and ascertained the Jury. value of such stones and amount of such damage the said justices of the Witnesses peace shall thereupon order that the sum or sums which shall so appear called before the to be the value of such stones and amount of such damage shall be paid; Jury may be which verdict or inquisition and order shall be filed of record by the examined upon clerk of the peace or other officer having the custody of the records of Oath. the said county riding division city town liberty or precinct, and shall be final and conclusive to all intents and purposes whatsoever against all parties and persons whomsoever claiming or to claim in possession remainder reversion or otherwise their heirs and successors as well absent as present, infants lunatics ideots and persons under coverture or any other disability whatsoever, corporations guardians committees husbands trustees and attornies or any other person or persons whomsoever. turn Juries. II. And for the summoning and returning such juries be it further Justices of the enacted, That such justices of the peace or any two of them may issue Peace may retheir warrant or warrants to the sheriff or bailiff of any particular quire Sheriffs or County riding division city town liberty or precinct within the limits of Bailiffs to rewhich the quarry or quarries shall be situated, requiring him to impannel summon and return an indifferent jury of twenty-four persons qualified to serve on juries to appear before the said justices or any two of them at such time and place as in such warrant or warrants shall be appointed; and such sheriff or bailiff is and are hereby required to impannel summon and return such number of persons accordingly; and out of the persons so impannelled summoned and returned, or out of such of them as shall appear upon such summons, the justices of the peace or any two of them shall and they are hereby empowered and required to draw by ballot and to swear or cause to be sworn twelve men who shall be the jury for the purposes aforesaid; and in default of a sufficient number of jurymen so Jury. returned the said sheriff or bailiff shall take such other honest and indifferent men of the bystanders or that can speedily be procured to attend that service to make up the number of twelve: and all persons concerned shall have their lawful challenges against any of the said jurymen when they come to be sworn; and the said justices of the peace or any two of Penalty on Juthem shall have power from time to time to impose a fine or fines on such ry refusing to sheriff or bailiff or his deputy or deputies making default in the premises appear or to be and on any of the persons who shall be summoned and returned on such sworn, and on jury and who shall not appear, or appearing shall refuse to be sworn on the said jury or being sworn shall refuse to give or shall not give a verdict, moned to ator shall in any other manner wilfully neglect his or their duty therein, tend, refusing and also on any person who being summoned and required to give evi- to give Evi dence before the said jury shall refuse or neglect to appear, or appearing shall refuse to be sworn or to give evidence, so that no such fine be more than ten pounds nor less than twenty shillings on any one person for one offence. Persons sum dence. |