expense of hearing and determining such difference shall be borne and paid in manner hereinbefore directed with respect to such purchases made by the said trustees, mutatis mutandis; and the money to arise by the sale or sales of such pieces or parcels of ground shall be applied by the trustees or commissioners to the purposes of the act for repairing and maintaining such turnpike road, but the purchaser or purchasers thereof shall not be answerable or accountable for any misapplication or non-application of such money; and the conveyances of such piece or pieces of ground shall be made to the purchaser or respective purchasers thereof, and in such manner and form as is hereinbefore directed (a) with respect to the conveyances to be made of the land constituting any part of the roads hereinbefore directed to be sold." SALE, &c. Of OLD ROADS, &c. 3 Geo. 4, c. 126. sary tenements. Stat. 4 Geo. IV. c. 95, s. 63, enacts, "That in case the trustees or com- Sale of unnecesmissioners for making or maintaining any turnpike road shall become possessed of any tenements or hereditaments which are useless or unnecessary for the purposes of such road, it shall and may be lawful for the said trustees or commissioners to sell and dispose of the same, in such and the same manner as by the said recited act [3 Geo. IV. c. 126] they are authorized and empowered to do, in the cases of any land or ground not wanted for the purposes of such road." But this does not apply to toll houses. See 4 Geo. IV. c. 95, s. 57, post, 174. Subscriptions for making, &c., Roads enforced. forced. By 9 Geo. IV. c. 77, s. 7, it is enacted, "That the several and respective Subscriptions enpersons who shall subscribe for or agree to advance any money for or towards the making or maintaining any turnpike road or roads, or highway intended to be made turnpike, shall, and they are hereby required to pay the sum or sums of money so subscribed, within such time or times, and in such parts and proportions as shall be expressed in the writing which shall be subscribed by them or on their behalf, or as the trustees of any such turnpike road shall order and direct; and the same shall be demanded by, and paid to such person or persons as the said trustees shall, by any writing under their hands, authorize to receive the same; and if any person or persons shall neglect or refuse to pay the same, or any part thereof, as aforesaid, it shall be lawful for the said trustees to sue for the same in the name of any one of such trustees or of their treasurer or clerk, and to recover the same together with full costs of suit, in any of his Majesty's Courts of record, by action of debt or on the case, by bill, plaint, suit, or information, wherein no essoign, protection, or wager of law, nor more than one imparlance, shall be allowed; and all such monies shall be vested in the said trustees, and applied as in the act for making or maintaining any such turnpike road or roads shall be mentioned." VIII. Repairs, &c. of Turnpike Roads. HEREIN of, 1. Who are liable to such Repairs; 2. Statute Labour, and Division of subComposition for; 3. Subscriptions for; 4. Materials for; 5. The Erection ject. of Milestones, &c.; 6. The Watering of Roads; 7. Contracts for Repairs; 8. Fines for not Repairing. (1) Who Liable to Repairs, in general. pair in general. The observations already made as to the common law liability of persons Who liable to reto repair highways, will be here applicable, ante, 9. (a) This is now regulated by the 4 Geo. IV. c. 95, s. 55, ante, 152, WHO LIABLE TO Persons liable by pair old road, shall repair the new. The parish is not exempted from the common law liability of repairing turnpike roads; yet, a duty is imposed on the trustees to expend the funds in the improvement of them, and they are liable to pay a portion of a fine imposed upon the parish, upon a judgment against them, for neglect of repair, ante, 9, 79. The trustees, however, are not liable to an indictment for not repairing, R. v. Netherthong, 2 B. & A. 179, ante, 9. By 4 Geo. IV. c. 95, s. 68, after reciting that Whereas doubts have tenure, &c., to re- arisen and may arise, whether any body politic or corporate, or any particular person or persons, liable to repair, by tenure or otherwise, any old turnpike road, or part of such road widened, altered, diverted, or turned, ought to repair or contribute to the repair of the whole or any part or proportion of the new road set out in lieu of the old turnpike road;' for obviating such doubts, and preventing disputes about the same, it is enacted, "That all and every body politic or corporate, and person and persons, who was, were, or shall be liable as aforesaid to the repair of any old turnpike road, which has been, since the passing of the said recited act [3 Geo. IV. c. 126], or shall be widened, altered, diverted, or turned, shall respectively be and continue in the same manner liable to the repair of such new road set out in lieu of the old road, or so much thereof as shall be equal to the burthen and expense of repairing such old road, from which he, she, or they, shall be exonerated by the widening, altering, diverting, or turning thereof; and if the several parties interested therein cannot agree, the same shall be viewed by two justices of the peace of the county where such road shall be, and shall be settled, adjusted, and determined by them, in such manner as they shall think just and reasonable; and from and after such determination of the justices, the body politic or corporate, and person or persons liable to repair such new road as aforesaid, shall bear all charges of presentments, indictments, and prosecutions for not repairing the same; and if it shall be found more convenient to fix a gross sum, or an annual sum, to be paid by any such body politic or corporate, or person or persons, instead of fixing the part or proportion of such new road to be repaired by him, her, or them, the said justices may, with the consent of such person or persons, and also of the trustees or commissioners of the road, obtained at a meeting of such trustees or commissioners, order and direct the same accordingly; and the order and direction of the said justices shall be final and conclusive, and shall continue binding on all bodies politic or corporate, and persons whomsoever." Lands liable to repair of roads, bridges, &c., to continue so. Statute duty. And by 7 & 8 Geo. IV. c. 24, s. 17, it is enacted, that "Where any part or parts of any turnpike road, or any bridges, arches, drains, or sewers, lying in and upon such road, have been accustomed, or ought to be repaired and maintained by any particular person, body politic or corporate, by reason of the tenure of any lands, tenements, or hereditaments, or otherwise, or by any county, or any parish, or where any composition has been entered into or made in lieu thereof, all and every such part or parts of such road, and all such bridges, arches, drains, and sewers, shall, from time to time, be maintained and kept in repair by such person, body politic and corporate, county, or parish, or such composition shall be paid, in such manner as the same were respectively maintained and kept in repair or paid before the passing the said recited acts, [3 Geo. IV. c. 126; 4 Ĝeo. IV. c. 95], or of any local act for making or maintaining any turnpike road." As to contracts with persons liable to repair by tenure, &c., see post, 164. (2) Statute Labour, and Composition for. Stat. 4 Geo. IV. c. 95, s. 80, enacts "That all persons who by law are or shall be liable to do statute work, or are or shall be chargeable towards the repairing and amending any turnpike road, shall be and remain liable thereto, in like manner in every respect as they now are or have heretofore been; and it shall be lawful for any two or more justices of the peace in and for the county, city, or place, in which any such turnpike road shall lie or be situate, and they are hereby required and empowered, upon application made to them by any three or more of the trustees or commissioners of such turnpike road, or by their clerk or surveyor, yearly to adjudge and determine what part or proportion of the statute work shall every year be done upon such road by the inhabitants of the respective parishes, hamlets, and places in or through which the said road doth or shall lie, lead, or pass, and also what proportion of the money received by the surveyor or surveyors of the highways of every such parish, hamlet, or place, in lieu of or as a composition for such statute work (a) as aforesaid, shall be by him, her, or them, paid to the said trustees or commissioners, or their treasurer or treasurers; and in order thereunto, the surveyor or surveyors of the highways for every such parish, hamlet, or place, shall, on an order in writing (b), made by the said justices, on an application to them by the trustees or commissioners of the turnpike road, or any three or more of them, or by their cerk or surveyor, and respectively delivered to such surveyor or surveyors of the highways, or left at his or their last or usual place of abode, bring and deliver, within ten days afterwards, to the said turnpike surveyor, or to his place of abode, true and perfect lists in writing (c) of the names of the several persons who, within such parish, hamlet, or place, are by law subject and liable to do statute work for that year, or to the payment of any money in lieu of or as a composition for such statute work, distinguishing the nature of the work to be done, whether with teams or draughts, or otherwise, and also the amount of the respective sums to be paid; which lists of names shall be made in such manner and under such regulations and restrictions as are or may be directed by any law or statute in force or effect for the repairs of the public highways, and may be made in the form specified in the schedule to this act, and the said turnpike surveyor, having received such lists, shall, within fourteen days afterwards, give a notice (d) to the surveyor or surveyors of the highways of the time when such lists will be laid before the said justices, in order to apportion the said statute duty; and at the time appointed in and by such notice, the said lists shall be laid before the said justices by the said turnpike surveyor, in the presence of the said surveyor of the highways, (if he shall attend), and out of such lists the said justices shall and may allot, appoint, and order (e) such and so many of the persons who shall appear to be subject and liable to do statute work in every year upon such road, as the said justices shall think reasonable, and the same shall be done on such days, and at such time, (not being hay-time or harvest), and on such parts of the said road, as the said trustees or commissioners, or their surveyor or surveyors, shall, from time to time order (ƒ), direct, or appoint; and the said justices shall and may order (g) and direct the surveyor or surveyors of such parishes, hamlets, and places respectively, to pay over to the said trustees or commissioners, or their treasurer, or other person duly authorized to receive the same, such proportion of the composition money for statute work as aforesaid, as they the said justices shall think proper, and at such time or times as the said justices shall direct; and each and every person who shall neglect or refuse to do such statute work as aforesaid, after notice in writing given to or left for him, her, or them, at his, her, or their last or usual place or places of abode, for that purpose, by any surveyor to the said trustees or commissioners, shall, for every day of his, her, or their default, or the default of any labourer or labourers, team or teams, draught or draughts, horse or horses, beast or beasts, to be provided by him, her, or them, be subject and liable to such fines, penalties, and forfeitures, as such person or persons may be subject or liable by any law or statute now in force or effect for repair of the public highways; and if any person who shall come to work as a labourer, or shall be sent (a) See stat. 54 Geo. III. c. 109, s. 4, ante, 22. See also Stanley v. Fielden and others, ante, 22, 23. (6) Forms (No. 95, 96), post. (e) Form (No. 102), post. (d) Form (No. 97), post. STATUTE LA- 4 Geo. 4, c. 95. Justices may order part of be done on turnpike roads. AND COMPOSI TION. 4 Geo. 4, c. 95. STATUTE DUTY with any team or draught to work on any part of such road, shall be found idle or negligent by any surveyor to the said trustees or commissioners, such surveyor is hereby empowered to remove and dismiss the person who shall be found idle or negligent as aforesaid; and in that case every such person shall be subject and liable to the respective forfeitures and payments as aforesaid, as if he had neglected or refused to come, or such team or draught had not been sent to work on any part of such road; all which forfeitures shall be paid to the treasurer to the said trustees or commissioners, and applied towards amending the said road; and in case the surveyor or surveyors of the highways for any of the said parishes, hamlets, or places, shall refuse or wilfully neglect to give in any such lists as aforesaid, or shall knowingly or wilfully give in false and imperfect lists, or shall refuse or neglect to collect or pay over such composition money, or any part thereof, in manner aforesaid, every such surveyor (a) so offending shall, for every such offence, forfeit and pay any sum not exceeding ten pounds; and such composition money shall and may be recovered from such surveyor or surveyors of the highways, by distress and sale of his or their goods and chattels, by warrant under the hands and seals of any two justices of the peace for the county, city, or place where any such road shall lie or be situate." Form of surveyor's list. In case no highway surveyor shall of persons liable to do statute work to be made out in rected. *Sic. Sect. 77, after reciting that 'Whereas the form of the list to be delivered to the surveyors of trunpike roads, by the surveyors of the highways, is omitted in the schedule to the said recited act' [3 Ġeo. IV. c. 126], enacts, “that the form given in the schedule to this act annexed, marked (Ño. 2) (b), shall and may be used for that purpose." Sect. 81 enacts, "That where any turnpike road shall pass through any be appointed, lists parish, township, or place, liable to the repair of the roads within the same, but for which no surveyor of the highways shall be appointed, then, and in every such case, the churchwardens and overseers of the poor of such manner herein di- parishes, townships, and places respectively, and in cases where neither surveyor, churchwardens, or overseers of the poor shall be appointed, then such other inhabitant or inhabitants of such parish, township, or place, as shall be thereto required by an order in writing made by the justices on application to them by the trustees or commissioners of the turnpike road, or by their clerk or surveyor, and respectively delivered to such churchwardens or overseers, or inhabitant or inhabitants, or left at his or their last or usual places of abode, shall deliver, or cause to be delivered, within ten days afterwards to the said turnpike surveyor, or to his place of abode, true and perfect lists in writing of the names of the several persons who, within such parish, township, or place, are by law subject and liable to do statute work for that year, or to the payment of any money in lieu of or as a composition for such statute work, distinguishing the nature of the work to be done, whether with teams or draughts, or otherwise, and also the amount of the respective sums to be paid; which lists shall be made and used, and dealt with in the manner directed by the said recited act (3 Geo. IV. c. 126), and this act; and the statute work shall be ordered and adjudged by the justices, and enforced and required, or compounded for, in the same way as if the said lists had been made and delivered by the surveyor of the highways, under the provisions and authorities of the said recited act and this act.' 33 Stat. 3 Geo. IV. c. 126, s. 105, enacts, "That it shall be lawful for the trustees or commissioners of every turnpike road to compound and agree with any person or persons, bodies politic or corporate, for the repairs or statute work to be by him, her, or them done on any such turnpike road, and also with the surveyor or surveyors of the highways for any of the parishes, hamlets, or places in which the said road doth or shall lie and be situate, for a certain sum of money, by the year or otherwise, as the said trustees or commissioners shall think reasonable, in lieu of the whole or any (a) As to service of the order on surveyor, see ante, title Highways; and R. v. Lancashire Justices, 8 B. & C. 593. (b) Form (No. 102), post. part of the statute work or other work to be by all or any of the said in- COMPOSITION. habitants and occupiers done on the said road." And by stat. 4 Geo. IV. c. 95, s. 82, it is enacted, that "All composition money in lieu of statute duty shall be paid by the person or persons companding, to the treasurer of the trustees or commissioners, at such time or times, and in such manner, as shall be agreed upon at the entering into such composition (a)." And the stat. 3 Geo. IV. c. 126, s. 105, continues to enact, that "All such composition money shall be applied for the purposes of such turnpike road; and that every such surveyor of the highways who shall pay any such composition money, shall be reimbursed the same in like manner as surveyors of the highways are by the laws in being to be reimbursed the money by them laid out and expended in buying materials for the repairing of any other highway or highways." sur Sect. 109, after reciting that 'Whereas there are or may be turnpike roads in such a state and condition with regard to their repairs and the revenues arising upon them, that the statute duty required to be performed upon the same may be in the whole or in part dispensed with, and employed more advantageously for the benefit of the other public highways within the parish, township, or place, liable to the performance of such duty;' enacts, "That it shall and may be lawful for the justices of the peace at any special sessions, upon application to them made by the veyor of the highways, or by any two inhabitants of any parish, township, or place, to summon before them the clerk and surveyor of any turnpike road within such parish, township, or place, alleged to be in the situation before described, and then and there to produce before them a state of the revenues and debts of such turnpike road, and for such justices to inquire into the state and condition of the repairs thereof, and also of the repairs of such other highways; and if it shall appear to the said justices, upon full and clear evidence, that the whole or any part of such statute duty may be conveniently dispensed with from such turnpike road, without endangering the securities for the monies advanced upon the credit of the tolls thereof, and that such statute duty is wanted for the repairs of the other highways within such parish, township, or place, then, and in that case, it shall and may be lawful for the said justices to order (b) the whole or part of such statute duty to be performed upon the highways not being turnpike within such parish, township, or place, under the direction of the surveyor thereof, during such time as to them shall seem reasonable, and the same shall be performed accordingly." (3) Subscriptions for, enforced. See the provisions as to this, ante, 155. (4) Materials for Repairs. Stat. 3 Geo. IV. c. 126, s. 97, enacts, "That it shall be lawful for the surveyor or surveyors to the trustees or commissioners of every turnpike road, and for all such persons as he or they shall appoint, to search for, dig, gather, take, and carry away any materials for making or repairing any turnpike road, out of any common river or brook, (not being within fifty yards of any bridge, dam, weir, or jetty), or out of or from any waste or common in any parish, hamlet, or place, in which any part of such road may lie, or in any adjoining parish, hamlet, or place, and to haul and carry away any such materials when got over any common or waste lands, without paying any thing for such materials, and without being deemed a trespasser or trespassers; the said surveyor or surveyors, or other person or (a) By 3 Geo. IV. c. 126, the composition was annulled, unless paid before 29th September. (b) Form (No. 99), post. Compositions to be paid according to agreement. and revenues of a Where the repairs turnpike road shall be such as that stadispensed with, and is wanted on other may order it to be highways, justices done on such other tute labour may be roads. Power to get materials from any river or brook, or from any comwithout expense, mon or waste lands, but filling up the pits, &c.; |