Page images
PDF
EPUB

as aforesaid appointed by the said justices, to be accounted

Bridges. for by the said treasurer, and to be applied by the said justices towards the building, repairing, or amending such bridges, and the highways at the end of such bridges, and to no other end or purpose whatsoever.

V. And be it enacted by the authority aforesaid, that all Matters matters concerning the repairing and amending of the concerning bridges and highways hereinbefore mentioned, shall be bridges, &c. determined in the county where they lie, and not else- where to be wbere ; and that no presentment or indictment for not re- determined. pairing such bridges, or the highways at the end of such bridges, shall be removed by certiorari out of the said county into any other court.

VIII. Provided always, that this act, nor any thing Persons and therein contained, shall excuse or discharge any particular things ex

empted. persons, estates, or places, from repairing any bridge, which they have heretofore usually repaired.

XIII. And whereas many private persons, or bodies politic or corporate, are of right obliged to repair such de. cayed bridges, and the highways thereunto adjoining, but because the inhabitants of the county, riding, or division, in which such decayed bridge or highways lie, have not been allowed, upon informations or indictments brought against such person or persons, bodies politic or corporate, for not repairing such decayed bridges, and the highways thereunto adjoining, by the judges before whom such information or indictment is to be tried, to be legal witnesses : be it enacted and declared, that in all informations or in- Evidence dictments to be brought and tried in any of her majesty's of inhabit. courts of record at Westminster, or at the assizes or quarter taken in sessions of the peace, the evidence of the inhabitants, being informacredible persons, or any of them, of the town, corporation, tions. county, riding, or division, in which such decayed bridge or highway lies, shall be taken and admitted, in all such cases, in the courts aforesaid ; any custom, rule, order, or usage, to the contrary notwithstanding.

Note.- An indictment for not re- 3 B. & P. 354; and see ante, tit. pairing a county bridge may be re

" Certiorari.” And the act does moved by certiorari, at the insiance not take away the certiorari in any of the prosecutor, notwithstanding case where a private person or the general words of the 5th section parish is charged : R.' v. Inhab. of th s act: R. v. Inhab. Cumberland, Hamworth, 2 Str. 900,

12 Geo. 2, c. 29. Whereas, by an act passed in the 22nd year of the reign Preamble, of King Henry the Eighth, for repairing and amending reciting the bridges and highways; and whereas, by another act, passed

act 22 Hen. in the first year of the reign of her late majesty Queen Anne, i'Anne,

8, c.5, to explain and alter the said act, it is, for the more easy tax- st. 1, c.18.

Bridges. ing and collecting the money for the repair of such bridges

and highways thereunto adjoining, (amongst other things) enacted, that the justices of the peace within the several limits of their commissions, shall, at their general or quarter sessions of the peace, have full power and authority, upon due presentment to them made, that any bridge within their respective commissions or authorities is out of repair, and which by them hath usually, or ought to have been repaired and maintained, to make assessments upon every towu, parish, or place, within their respective commissions for that purpose, in proportions, upon each respective town and parish, as they usually have been assessed towards the repair of bridges; which assessments are to be levied and collected in the manner prescribed by the said act: (the act then recites several other acts creating certain rates.] And whereas it is apparent that the manner and methods pre. scribed by the said several acts for collecting some of the said rates, are impracticable, the sums charged on each parish in the respective divisions being so small, that they do not, by an equal pound rate, amount to more than a fractional part of a farthing in the pound on the several persons thereby ratable; and, if possible to have been rated, the expense of assessing and collecting the same, would have amounted to more than the sum rated ; and whereas many and great doubts, difficulties, and inconveniences, have arisen in making and collecting other of the said rates : therefore, that the good ends and purposes of the said seve. ral statutes may be answered, and the several sums of money, thereby intended to be raised, may effectually be collected with as much ease and certainty, and as little expense, as can be, to the parties obliged by the said laws to

pay the same : be it therefore enacted, &c. that, from and After 1 Sept, after the first day of September, 1739, the justices of the 1739, jus.

peace, in that part of Great Britain called England, within make from the respective limits of their commissions, at their general time to time or quarter sessions, or the greater part of them, then and one general there assembled, shall have full power and authority, from assessment,

time to time, to make one general rate or assessment for the several such sum or sums of money as they in their discretions sball

think sufficient to answer all and every the ends and purpointed by several acts. poses of the before-recited acts, instead and in lieu of the

several separate and distinct rates directed thereby to be made, levied, and collected,

tices to

instead of

rates ap

&c. but

No repairs

XIII. And be it further enacted by the authority aforer of bridges, said, that no part of the money to be raised and collected

in pursuance of this act, shall be applied to the repair of upon pre

any bridges, gaols, prisons, or houses of correction, until of the grand presentments be made by the respective grand juries, at the jury. assize, great sessions, general gaol delivery, or general or

quarter sessions of the peace held for any county, riding, division, city, town corporate, or liberty, of the insufficiency,

sentments

with per

sons for

inconveniency, or want of reparation of their bridges, Bridges. gaols, prisons, or houses of correction. (See 52 Geo. 3, c. 110.)

XIV. And be it further enacted by the authority afore. Justices to said, that from and after the first day of June, 1739, when contract any public bridges, ramparts, banks, or cops, or other works, are to be repaired at the expense of any county, public recity, riding, hundred, division, liberty, or town corporate ; pairs ; it shall and may be lawful to and for the justices of the peace, at their general or quarter sessions respectively, or the greater part of them then and there assembled, if they think proper and convenient, after presentment to be made as aforesaid of the want of reparation of such bridges, ramparts, banks, or cops, to contract and agree with any person or persons for rebuilding, repairing, and amending of such bridges, ramparts, banks, or cops, as shall be within their respective counties, cities, ridings, hundreds, divisions, liberties, or towns corporate, and all other works which are to be repaired and done by assessment on the respective counties, cities, ridings, hundreds, divisions, liberties, or towus corporate, for any term, or term of years, not exceeding seven years, at a certain annual sum, payment, or allowance for the same ; such contractor or contractors giving sufficient security for the due performance the.eof, to the respective clerk of the peace for the time being, or the town clerk, high bailiff, or chief officer of any county, town corporate, or liberty ; and that such jus- upon public tices, at their respective general or quarter sessions, shall notice. give public notice of their intention of contracting with any person or persons for rebuilding, repairing, and amending the bridges, ramparts, banks, or cops, and other works aforesaid ; and that such contracts shall be made at the most reasonable price or prices, which shall be proposed by such contractors 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, bigh 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 i'ispected 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, con. tributing to the purposes of this act, without fee or reward. (See 52 Geo. 3, c. 110.)

11 Geo. 2, c. 33. Whereas it does and may happen, that when county Preamble, bridges are to be rebuilt or repaired, a piece or parcel of reciting the

c. 24.

lands to

Bridges. ground thereto adjoining may be of great use or service,

either for enlarging such bridges, or more commodiously rebuilding them; and whereas there is no power given by the laws in being, for the rebuilding or repairing of county bridges, to the justices of the peace, to purchase any such pieces or parcels of ground

Therefore, for the better repairing and rebuilding county bridges, Justices at

be it enacted, &c., that from and after the 24th day of their quarter

June, 1741, the justices of the peace of any county, city, sessions may riding, liberty, or division, at their general sessions, or gepurchase

neral quarter sessions assembled, or the major part of them, build county

shall have power, and are hereby authorized, to purchase bridges. of, or agree or contract with, any person or persons, bo

dies politic or corporate, for any piece or parcel of land adjoining or near to any county bridge within the limits of their respective commissions, for the more commodiously enlarging or conveniently rebuilding the same; which pieces or parcels of land shall not exceed one acre in the whole, for any such bridge, and shall from time to time be paid for by the respective county treasurers, out of any monies raised, or to be raised, by virtue of an act made in the twelfth year of the reign of his present majesty, intituled “An Act for the more easy Assessing, Collecting, and Lerying of County Rates ;" such treasurers being thereunto authorized, by orders under the hands and seals of the respective justices of the peace, at their general sessions, or general quarter sessions, or the major part of them ; which lands, so purchased, shall be conveyed to such person or persons as the said justices of the peace at their general sessions, or general quarter sessions, or the major part of them, shall respectively appoint, in trust, and for the uses and purposes of enlarging or rebuilding such bridges re

spectively. Note.—It was considered that this But, where bridges are in decay, actimpliedly enabled the magistrates that power is expressly given them to alter the position of bridges: R. by the following statute. v.Justices of Glamorgansh.5 T. R. 283.

43 Geo. 3, G. 59. I. Whereas the inhabitants of counties in that part of the united kingdom called England, are by law bound to repair, support, and maintain the public bridges, commonly called county bridges, within such counties respectively, and the roads at each of the ends thereof for limited distances; but the laws empowering them so to do are insufficient and defective ; and whereas doubts have arisen how far the said inhabitants are liable to improve such bridges,

when they are not sufficiently commodious for the public: Surveyors for remedy thereof, be it enacted, &c., that it shall be law. county

ful to and for the surveyor of bridges and other public 's, &c.

works, in each and every county respectively, within that Bridges. part of the united kingdom called England, appointed, or to be appointed, by the justices at any general quarter ses

in England, sions of the peace to be holden for such county, and the

empowered

to get mate. said surveyor is hereby authorized and empowered, to rials for the search for, take, and carry away, gravel, stone, sand, and repair of other materials, for the repair of such bridges and roads at bridges, in the ends thereof, as the inhabitants of counties are bound manner as to repair, and to remove obstructions and annoyances from surveyors of such bridges and roads, in such and the same manner as highways

under 13 G. the surveyor or surveyors of any common highway within 3, c. 78. this kingdom is or are by an act, &c. (13 Geo. 3, c. 78,) authorized 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 and annoyances from such bridges and roads, shall be, and the same are hereby, 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, 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, as fully and effectually as if the same and every part thereof were herein repeated and re-enacted; the said surveyor or surveyors 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, in and by the said abovementioned act of the thirteenth year of the reign of his present majesty.

II. And be it further enacted, that where any bridge or Quarter bridges, or roads at the ends thereof, repaired at the ex.

sessions pense of any county, shall be narrow and incommodious, it may widen shall and may be lawful to and for the said justices, at any or alter the of their general quarter sessions, to order and direct such situation of bridge or bridges, and roads, to be widened, improved, and County made commodious for the public; and that where any bridge

bridges, &c. or bridges, repaired at the expense of any county, shall be so much in decay as to render the taking the same wholly down necessary or expedient, it shall and may be lawful to and for the said justices, at any of their said general quarter sessions, to order and direct the same to be re-built either on the old site or situation, or on any new one more convenient to the public, contiguous to or within two hundred yards of the former one, as to such justices shall seem nieet; and if, for the purpose of altering the situation or of widening or enlarging any such bridge or bridges, road or roads, as aforeseil, it shall be necessary to purchase any land or ground, it shall and may be lawful for such county surveyor or surveyors, by and under the

« PreviousContinue »