tants of any parish in vestry assembled, the same shall be construed to extend to any meeting of inhabitants contributing to the highway rates in places where there shall be no vestry meeting, provided the same notice shall have been given of the said meeting as would be required by law for the assembling of a meeting in vestry; and that the word "highways" shall be understood to mean all roads, bridges (not being county bridges), carriageways, cartways, horseways, bridleways, footways, causeways, churchways, and pavements; and that the word " Justices" shall be understood to mean Justices of the Peace for the county, riding, division, shire, city, town, borough, liberty, or place in which the highway may be situate or in which the offence may be committed; and that the word "church" shall be understood to include chapel; and that the word "division" shall be understood to include limit; and that the word "owner" shall be understood to include occupier; and "inhabitant" to include any person rated to the highway rate; and the words " petty session" or petty sessions" to mean the petty session or petty sessions held for the division or place; and wherever in this Act, in describing or referring to any person or party, animal, matter, or thing, the word importing the singular number or the masculine gender only is used, the same shall be understood to include and shall be applied to several persons or parties as well as one person or party, and females as well as males, and several animals, matters, or things as well as one animal, matter, or thing, respectively, unless there be something in the subject or context repugnant to such construction; and all the powers hereby given to, and notices, matters, and things required for, and duties, liabilities, and forfeitures imposed on, surveyors, shall be applicable to all persons, bodies politic or corporate, liable to the repair of any highway. be elected 6. And be it further Enacted, That the inhabitants of every Surveyor to parish maintaining its own highways, at their first meeting in annually. vestry (u) for the nomination of overseers of the poor in every (a) See interpretation clause, sec. 5. May be reelected. Proviso for election of surveyor, year, shall proceed to the election of one or more persons to serve the office of surveyor in the said parish for the year then next ensuing (a): Provided always, that any outgoing surveyor 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 contained to the contrary notwithstanding; and in such case notice of such election shall be given by the chairman to the person elected and to the outgoing surveyor: Provided always, that in any parish where there is no meeting in the year for where there is the nomination of overseers of the poor, the inhabitants conno nomination in the year of tributing to the highway rate shall meet at their usual place overseer of the of public meeting upon the twenty-fifth day of March, or if that should happen to be a Sunday or Good Friday, then on the day next following, or within fourteen days next after the said twenty-fifth day of March in every year, to elect one or more persons to serve the office of surveyor for the said parish; which surveyor shall repair and keep in repair the several highways in the said parish for which he is appointed, and which are now or hereafter may become liable to be repaired by the said parish (b). poor. Surveyor to repair highways. Qualification of surveyor. 7. And be it further Enacted, That any person living within the parish or any adjoining parish, and having an estate in (a) Form of notice to party of his having been elected surveyor. Sched. No. 1. A. B. Take notice, that you were, at a meeting held at [insert the name of the parish, &c.] on the day of elected and chosen surveyor [or one of the surveyors] of the highways for the said [parish, &c.] for the year ensuing. Dated the To A. B. of day of C. D Chairman. The appointment of surveyor cannot be removed into the Court of King's Bench, because the certiorari is taken away (sec. 107. post.), but an appeal lies against it (sec. 105. post.); and see Rex v. Justices of St. Albans, 3 Barn. & Cres. 698-5 Dowl. & Ryl. 538. S. C. (b) Under the Act 13 Geo. 3. c. 78, a list of persons qualified to act as surveyors was returned to the Justices at a special sessions, who appointed such persons as they thought fit; and in Rex v. Baldwin, 7 Durnf. & East. 169, it was decided that the Justices were not bound to appoint the surveyors from the list returned to them. 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 (such person not living within the parish being willing to serve the office), or being an occupier or tenant of houses, lands, tenements, or hereditaments (whether resident within the parish or within any adjoining parish) of the yearly value of twenty pounds, shall be eligible to be elected a surveyor for the purposes of this Act: Pro- Exemption from serving. vided nevertheless, that no person who is now exempted by law from serving the office of overseer of the poor shall be compellable to serve the office of surveyor: Provided also, that any person who may be chosen and elected to serve the said office of surveyor may provide a sufficient deputy, such Deputy may be appointed. deputy to be approved of by the Justices at a special sessions for the highways, who shall by writing under their hands testify their consent thereto (a). veyor not acting when 8. And be it further Enacted, That if any person who shall Penalty on surbe so chosen and elected, and who is not exempt as aforesaid from serving the said office, shall refuse or neglect to take chosen. upon himself the office of surveyor, or to provide a sufficient deputy, to be approved of as aforesaid, he shall forfeit, on conviction before any two Justices, any sum not exceeding twenty pounds, unless he can show to the said Justices good and sufficient cause why he should not be called upon to serve the said office: Provided also, That every deputy so provided and Deputy to be approved of shall have the same powers and authorities, and subject to discharge of duty be subject to the discharge of the same duty, and be liable to of surveyor. the same penalties as any surveyor appointed under the authority of this Act. 9. And be it further Enacted, That, instead of electing Surveyor may be appointed such surveyor as herein-before mentioned, it shall be lawful with a salary. for the majority of the inhabitants so assembled as aforesaid (a) The qualification of the surveyor is different from that prescribed by the 13 Geo. 3. c. 78. s. 1. and the party appointed is allowed to provide a deputy. Appointment stamp duty. free from in any parish for the election of surveyors as aforesaid to nominate and elect any one person of skill and experience to serve the said office of surveyor of such parish, and to fix such salary for the execution of such office as they shall think fit; which said appointment shall be in writing on paper without stamp, and signed by the chairman of such meeting (a); and such surveyor, when so appointed, shall be invested with the same powers, and subject to the same duties, forfeitures, and penalties as any surveyor appointed under the authority of this Salary how to Act would have been; and such salary shall be paid out of the be paid. money raised under the authority of this Act, at such times and in such manner as shall have been agreed upon between the inhabitants so assembled as aforesaid and the person so nominated and elected as aforesaid: Provided nevertheless, that if such surveyor shall cease to act, and be dismissed in the manner herein-after described, such salary shall also in like manner cease and determine (b). Surveyor, on verifying accounts, to give in the name and residence of his successor. Power to Justices in certain cases to appoint a surveyor. 10. And be it further Enacted, That the surveyor or surveyors, at the time of passing his or their accounts as herein mentioned, shall deliver to the Justices a statement in writing of the name and residence of the person appointed to succeed him or them as surveyor or surveyors. 11. And be it further Enacted, That in case it shall appear on oath to the Justices at a special sessions for the highways that the inhabitants of any parish have neglected or (a) Form of appointment of surveyor with a salary. Sched. No. 2. At a meeting of the inhabitants of assembled at on the in vestry day of A. B. was nominated, elected, and appointed as surveyor of such parish, for the purpose of carrying into execution the provisions of an Act 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] for the year ensuing; and the salary to be allowed to the said A. B. was fixed at the sum of payable on Dated the day of C. D. Chairman. (b) The appointment of a surveyor with a salary to be fixed by the inhabitants will enable any number of parishes, though not united in a district, pursuant to s. 13. &c. to appoint the same individual as surveyor. refused to nominate and elect a surveyor or surveyors in manner and for the purposes aforesaid, or that the outgoing surveyor has delivered no statement of the name and residence of his or their successor or successors, except he had been directed by the inhabitants so to do, or that the surveyor is dead, or has ceased to possess the qualification, or is or has become disqualified in any manner herein mentioned, or that he has neglected to act, or refused to carry into operation the duties imposed upon him by this Act, it shall and may be lawful for such Justices, and they are hereby authorized and required, by writing under their hands, at their next succeeding special sessions for the highways to dismiss such surveyor so neg- or to dismiss lecting to act or refusing to carry into operation the duties imposed upon him by this Act, and to appoint any person whom they may think fit to be a surveyor for such parish till the annual meeting then next ensuing for the nomination of overseers or for the election of surveyors as aforesaid, and with or without such salary, as to the said Justices shall seem fit and proper; and the said surveyor, when so appointed, shall Such surveyor be invested with the same powers, and be subject to the same with same duties, forfeitures, and penalties as any surveyor elected by the powers as inhabitants of any parish as aforesaid would have been (a). (a) Form of appointment of surveyor by Justices. (to wit.) } At a special sessions for the highways held at Sched. No. 3. by Justices of the Peace for the said county acting within the said division, &c. on the day of WHEREAS it hath appeared to us the said Justices, on the oath of A. B. an inhabitant of the parish of that the inhabitants of the said parish in vestry assembled have neglected [or refused] to nominate and elect a surveyor in manner and for the purposes mentioned in 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] [or that the surveyor appointed by the inhabitants of the said parish is dead, or has ceased to possess the qualification required by the said Act, or has become disqualified, or has neglected to act, or has refused to carry into operation the duties imposed upon him by the said Act], we do therefore hereby appoint you C. D. of surveyor ], for such parish for the year ensuing [or for the space of with the salary of for your trouble; and you the said C. D. are faithfully and truly to execute the office of surveyor according to the directions of the said statute, Given under our hands the day and year first above mentioned. surveyor. to be invested elected surveyor. To C. D. E. F. G. H. |