Surveyor to be elected annually.

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 in-
habitant" 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 mas-
culine gender only is used, the same shall be un-
derstood 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 con-
struction; and all the powers hereby given to,
and notices, matters, and things required for, and
duties, liabilities, and forfeitures imposed on, sur-
veyors, shall be applicable to all persons, bodies
politic or corporate, liable to the repair of any
highway.

6. And be it further enacted, That the inhabitants of every parish maintaining its own highways, at their first meeting in vestry for the nomination of overseers of the poor in every year, shall proceed to the election (a) of one or more persons to

(a) By the former Acts, the inhabitants only had the privilege of nominating ten persons to the justices, who were not even bound to select one of the ten. If more than one person is appointed, each is to be considered as holding the office of surveyor. "It does not appear to me," says Lord Chief Justice Tindal, in giving the judgment of the Court in Morrell v. Martin, Scott, 711," to be at all a strained construction of these words (of the 6th section)

elected.

serve the office of surveyor in the said parish for the year then next ensuing: Provided always, that May be re any outgoing surveyor shall continue to act until his successor shall be appointed, and shall be reeligible, and may be re-elected, and shall in such case continue to act and remain in office, anything 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 (a): Provided always, that in any parish where there is no meeting in the year for the nomination of overseers of the poor, the inhabitants contributing to the highway rate shall meet at their usual place 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.

of surveyor.

7. And be it further enacted, That any person Qualification living within the parish, or any adjoining parish, 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

to understand by them that each of the persons nominated is to serve the office of surveyor. We see no reason for thinking that the statute 5 & 6 Wm. IV. was intended to effect any alteration in this respect of the statute 13 Geo. III. c. 78, in which the same words, 'to serve the office of surveyor,' are to be found, but coupled with the distinct provision, that every person so nominated shall be surveyor, and shall execute the office."

(a) See Notice, Schedule No. 1.

Penalty on surveyor not

chosen.

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: Provided 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 (a): 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 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.

8. And be it further enacted, That if any person acting when who shall be so chosen and elected, and who is not exempt as aforesaid from serving the said office, shall refuse or neglect to take 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 Deputy. said office: Provided also, that every deputy so provided and approved of shall have the same powers and authorities, and be subject to the discharge of the same duty, and be liable to the

(a) Viz., Peers of the realm, members of parliament, clergymen and dissenting ministers, barristers, attorneys, physicians, surgeons, apothecaries, militia-men and officers of the customs, &c. Several cases have arisen as to what constitutes residence in the parish, which is necessary for an overseer, and is also required above for the surveyor; but a detail of them would occupy too much space here.

same penalties, as any surveyor appointed under the authority of this Act.

may be

ap

9. And be it further enacted, That, instead of Surveyor electing such surveyor as hereinbefore mentioned, pointed with it shall be lawful for the majority of the inhabit- à salary. ants so assembled as aforesaid 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 Act would have been; and such salary shall be paid out of the 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 hereinafter described, such salary shall also in like manner cease and determine. 10. And be it further enacted, That the sur- Surveyor, on verifying his veyor or surveyors, at the time of passing his or their accounts as herein mentioned, shall deliver name his 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.

accounts, to

successor.

11. And be it further enacted, That in case it Power to shall appear on oath to the justices at a special certain cases justices in sessions for the highways that the inhabitants of to appoint a any parish have neglected or refused to nominate

(a) See Form of Notice, Schedule No. 2.

C

surveyor.

When a parish is situate

and elect a surveyor or surveyors in manner and for the purposes aforesaid, or that the outgoing surveyor, except he had been directed by the inhabitants so to do, has delivered no statement of the name and residence of his or their successor or successors, 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 (a) for the highways, to dismiss such surveyor so neglecting 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 be invested with the same powers, and be subject to the same duties, forfeitures, and penalties, as any surveyor elected by the inhabitants of any parish as aforesaid would have been.

12. And be it further enacted, That when a in more than parish is situated in more than one county, divione county. sion, or liberty, the surveyor so to be appointed as last aforesaid shall be appointed by the justices at a special sessions for the highways assembled in that county, division, or liberty in which the church of the said parish shall be situate.

(a) The appointment may even be made after this period. R. v. Justices of Denbighshire, 4 East, 142. See the Form,

Schedule No. 3.