built. 21. And be it further Enacted, That if any bridge shall As to repair of highways at hereafter be built, which bridge shall be liable by law to be ends of bridges repaired by and at the expence of any county or part of any hereafter to be county, then and in such case all highways leading to, passing over, and next adjoining to such bridge shall be from time to time repaired by the parish, person, or body politic, or corporate, or trustees of a turnpike road, who were by law before the erection of the said bridge bound to repair the said highways: Provided nevertheless, that nothing herein contained Not to extend shall extend or be construed to extend to exonerate or discharge any county or any part of any county from repairing or keeping in repair the walls, banks, or fences of the raised causeways and raised approaches to any such bridge, or the land arches thereof (a). to raised cause ways, &c. and preventing extend to the ends there 22. And be it further Enacted, That the several powers and Powers for getauthorities hereby vested in the surveyor of highways, as well ting materials for the getting of materials, as the preventing and removing nuisances to of all nuisances and annoyances, shall be and the same are county bridges hereby vested in the surveyor of county bridges, and the roads and roads at at the ends thereof repairable therewith; and the several pe- of. nalties, forfeitures, matters, and things in this 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, the said surveyor or surveyors of county bridges 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 under the provisions of this Act (b). 23. And be it further Enacted, That no road or occupation way made or hereafter to be made by and at the expence of any individual or private person, body politic or corporate, nor any roads already set out or to be hereafter set out as a private (a) See 22 Hen. 8. c. 5. s. 9.-Burn's Justice, tit. "BRIDGES." Parishes when liable to repair new highways. Notice in writing to be given to sur veyor. driftway or horsepath in any award of commissioners under an inclosure Act, shall be deemed or taken to be a highway which the inhabitants of any parish shall be compellable or liable to repair, unless the person, body politic or corporate, proposing to dedicate such highway to the use of the public shall give three calendar months previous notice (a) in writing to the surveyor of the parish of his intention to dedicate such highway to the use of the public, describing its situation and extent, and shall have made or shall make the same in a substantial manner and of the width required by this Act, and to the satisfaction of the said surveyor and of any two Justices of the Peace of the division in which such highway is situate in petty sessions assembled, who are hereby required, on receiving notice from such person or body politic or corporate to view the same, and to certify (b) that such highway has been made in and give certia substantial manner, and of the width required by this Act, ficate. at the expence of the party requiring such view, which certificate shall be enrolled at the quarter sessions holden next after the granting thereof, then and in such case, after the said highway shall have been used by the public, and duly repaired Justices to view road, &c. (a) Form of notice of intention to make highway. Sched. No. 6. I do hereby give you notice, That after the expiration of three calendar months from the date hereof 1 [or if given by the clerk, &c. of a body politie or corporate describe them,] do intend to make a certain highway in the parish of [describing its situation and extent,] and to dedicate such highway to the use of the public. Dated this To E. F., &c. day of arish} Surveyor of the Parish of A: B. or C. D. [Clerk, &c. (b) Form of certificate of Justices of highway having been made in a substantial manner, &c. Sched. No. 7. We, two of the Justices of the Peace in and for the county of having viewed a certain highway lately made by A. B. in the parish of in the said county, situate, &c. [describing its situ- · ation and extent], do hereby certify, That the same has been made in a substantial manner, and of the width required by a certain Act made and passed in the fifth and sixth year of the reign of King William the Fourth, intituled " An Act," &c. [here set out title of Act.] Dated this day of C. D. E. F. and kept in repair by the said person, body politic or corporate, for the space of twelve calendar months, such highway shall for ever thereafter be kept in repair by the parish in which it is situate Provided nevertheless, that on receipt of such notice Surveyor to call vestry as aforesaid the surveyor of the said parish shall call a vestry meeting. meeting of the inhabitants of such parish, and if such vestry shall deem such highway not to be of sufficient utility to the inhabitants of the said parish to justify its being kept in repair at the expence of the said parish, any one Justice of the Peace, on the application of the said surveyor, shall summon the party proposing to make the new highway to appear before the Justices at the next special sessions for the highways to be held in and for the division in which the said intended highway shall be Justices to determine as situate; and the question as to the utility as aforesaid of such to utility of highway shall be determined at the discretion of such Justices. road. and how to be 24. And be it further Enacted, That the surveyor of Direction every parish, other than a parish the whole or part of which posts, where is within three miles of the general post office in the city of erected. London, shall, with the consent of the inhabitants of any parish in vestry assembled, or by the direction of the Justices at a special sessions for the highways, cause (where there are no such stones or posts) to be erected or fixed in the most convenient place where two or more ways meet a stone or post, with inscriptions thereon in large legible letters, not less than one inch in height and of a proper and proportionate breadth, containing the name of the next market town, village, or other place to which the said highways respectively lead, as well as stones or posts to mark the boundaries of the highway, containing the name of the parish wherein situate; and that the surveyor of every parish shall, at the several approaches To erect stones or entrances to such parts of any highways as are subject to at approaches to highways deep or dangerous floods, cause to be erected graduated stones subject to or posts, as he shall judge to be necessary, for the guiding of travellers in the best and safest track through the floods; and also to secure horse causeways and foot causeways, by posts, To secure horse cart ways and blocks, or stones fixed in the ground, or by banks of earth foot causeways. cast up or otherwise, from being passed over and spoiled by waggons, wains, carts, or carriages; and the said surveyor с floods. Surveyor how shall be reimbursed, out of the monies which shall be received to be reim bursed. Power to use adjoining ground as a temporary road. Surveyor to remove snow,&c. by him pursuant to the directions of this Act, the expences of providing and erecting and of keeping in repair such stones, posts, or blocks already erected or fixed, or which may hereafter be erected or fixed (a). 25. And be it further Enacted, That it shall be lawful for the surveyor to make a road through the grounds adjoining to any ruinous or narrow part of any highway, (not being the site or ground whereon any house stands, nor being a garden, lawn, yard, court, park, paddock, plantation, planted walk or avenue to any house, or inclosed ground set apart for building ground, or as a nursery for trees,) to be made use of as a public highway whilst the old road is repairing or widening, making such recompense to the proprietor and occupier of such grounds for the damages they may thereby sustain as the Justices at a special sessions for the highways assembled may think reasonable, such sum so awarded as a recompense to be recoverable in the same manner as any fines and forfeitures are recoverable under this Act. 26. And be it further Enacted, That if any impediment or obstruction shall arise in any highways from accumulation of snow, or from the falling down of the banks on the side of such highways, or from any other cause, the surveyor is required from time to time, and within twenty-four hours after notice thereof from any Justice of the Peace of the county in which the parish may be situate, to cause the same to be removed (b). (a) This section is taken in part from 13 Geo. 3. c. 78. s. 26, but does not apply to any parish within three miles of the general post office, London. (b) Form of notice to remove snow, &c. Sched. No. 8. I, A. B., Justice of the Peace in and for the county of do hereby give to you, the surveyor, [or surveyors] of the parish of notice, that the highway leading from to [describing its situation] is obstructed or impeded from the accumulation of snow [or from the falling down of the banks on the side of the said highway, &c. as the case may be,] and require you to cause the same to be removed. Dated this To C. D. and E. F. &c. day of A. B. of &c. make rate. 27. And in order to raise money for carrying the several purposes of this Act into execution, Be it further Enacted, That a rate shall be made, assessed, and levied by the surveyor upon Surveyor to all property now liable to be rated and assessed to the relief of the poor (a); provided that the same rate shall also extend to such woods, mines, and quarries of stone, or other hereditaments, as have heretofore been usually rated to the highways; and provided also, that every such rate shall be signed by the Rate to be allowed by Jussaid surveyor, and allowed by two Justices of the Peace, and tices. published in the same way as poor rates are now allowed and published (b). 28. And in order to enable the surveyor to form a proper Surveyor may judgment of any rate to be made in pursuance of this Act, Be inspect rate book, and obit further Enacted, That it shall be lawful for the surveyor, tain copies or and he is hereby authorized and empowered, at all reasonable times, to inspect, or by writing signed by him to grant authority to any person appointed by him to inspect, any of the (a) In making the highway rate under this Act the surveyor, should, under the powers given in the next section, make the same with reference to property included in the last rate made for relief of the poor, though if he should discover other property which is rateable he should insert that also. (b) By Stat. 43 Eliz. c. 2. s. 1., a poor's rate shall be made with the consent of two Justices one whereof is of the Quorum, dwelling in or near the parish or division and this consent is usually given by the Justices signing the same with their allowance thereupon thus: "We, two of His Majesty's Justices of the Peace in and for the 18 day J.P. K. P. extracts. and if the Justices refuse to sign and allow the rate, the Court of King's Bench will grant a mandamus to compel them, as the allowance of the poor's rate by two Justices, is merely a ministerial act. And see the Stat. 43 Eliz. c. 2. and 59 Geo. 3. c. 95. With respect to the publication of a poor's rate the Stat. 17 Geo. 2. c. 3. s. 1, provides that the churchwardens and overseers or other persons authorized to take care of the poor, shall cause public notice to be given in the church of every rate for relief of the poor allowed by the Justices the next Sunday after such allowance; and no rate shall be reputed sufficient so as to collect the same, unless such notice shall have been given, and in Rex v. Newcomb and another, 4 Durnf. & East. 368. it was determined that if a poor rate be not published in the church on the next Sunday after it hath been allowed by the Justices it is a nullity, and payment under it cannot be enforced, although not appealed against at the sessions, and Lord Kenyon, C.J., said it was a radical defect in the rate itself, which nothing could cure. |