Abbildungen der Seite

S. 80.


s. 9.

8. 46.

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of fence) to be raised on the barony, &c. in which the same shall be situated. But by s. 80. where a road cannot be made of the breadth of '32 feet without much

Where impracdifficulty and unnecessary expense, the grand juries of ticable to make

roads 32 feet such counties may present such road, or so many perches thereof, in such particular places to be made or repaired of such width as they shall think proper, not less than 16 feet in the clear. By s. 9. they may also present any foot-path to be made or repaired on any road, or on or

Footpathso within the ditch along the side of any road, with the consent of the occupier of the land, and present any sum not exceeding 1s. 6d. for making, and 9d. for repairing, for each perch, to be raised on the barony, &c. By S. 46. they are empowered to present any old road to be stopped up, if it shall appear to them that the said

Stopping up old road is no longer necessary to be keptopen for travellers, roads. or that a new road has been made which answers all the purposes of the old one. And by s. 12. they may also present such sum to be raised on the barony, &c. not ex

Filling trencies, ceeding 1s. 6d. by the perch, as may be necessary for sc. filling such trenches or drains of any ditch which shall be situate next to any part of any public road, (whether post road or not) and making a sufficient fence instead thereof. And grand juries are empowered (s. 6.) to present in like manner any part of a public road to be repaired,' and to present any sum of money which shall Nepuirs of toaks. be necessary for that purpose, to be raised as aforesaid. By s. 18. any grand jary may presenť to be raised on the county at large, such sums as may be necessary for lowering any hill, or filling up any hollow, or both, on &

Lowering hills any public road within the county leading from one market town to another.' And so also by s. 21, for building or repairing any wall, or part of a 'wall, necessary to the support of any road, or to prevent any steep banks of Building walls, earth from falling upon any road, or' in erecting any fence, railing, or wall, for the protection of travellers from dangerous precipices' or holes lying on the side of any public road.' By s. 81. grand juries are further authorized to enter into contracts for keeping any parts of ihe public roads within their respective counties in re- Contracts for

Repairs. pair


8. 19.

S. 21.


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pair for any time not exceeding 7 years, and to present any sum not exceeding 6d. a pereh by the year, to

be raised off the respective baronies or half baronies in 40 Geo. 3.c.86. said counties, &c. And by the 40 Geo, 3. C. 88. Ir, such

contracts may be renewed, and any further contract made

which shall not exceed 12d. a perch for such repairs. Afidavit te

But the former of these statutes (36 Geo.3.c. 55.) provides quired for obInining present that before any presentinent can be granted, the affidavit

of two persons shall be made in a particular form prescribed by s. 3, 7, 9, 12, 14, 19, 22, and 82) according to the nature of such presentment, ascertaining the sum which will be necessary, or which will be a reasonable charge for the work so presented to be done; and no

money shall be paid by the treasurer of the county on me for receiving account of any such presentment, until an affidavit of the money pre

one of the overseers to be appointed by the grand jury* *vide shall be made, (in such form as prescribed by s. 5. 8. 12,

15, 20, 24 & 83) of the faithful and honest expenditure of the money presented, and of the work being well and sufficiently executed according to such presentment, and until such affidavit shall be first allowed by the grand jury and the court; which several affidavits are di

rected to be sworn before a justice of peace of the pro46 Geo.3.c. 96. per county. The 46 Geo. 3, c. 96. I. provides that

overseers of roads may lay their accounts before the jusOverseers may

tices at the sessions, who may allow the same, or, if disaccount al ses puted, shall refer the same to the assizes, upon such afsions

fidavit being sworn and recognizance entered into, as

thereby required. With respect to laying out new roads, 56 Geo. 3. c. 55. it is provided by the 36 Geo. 3. c. 55. s. 14. that no pre$. 14. Ir.

sentment shall be made for such purpose, unless it shall Fürm lo be ob served in obtain appear to the grand jury, by the affidavit of one witness, ingpresentments sworn before a justice of peace of the county, that a nap for new roads.

of such new road has been deposited with the treasurer of the county 21 days at least before the commission day of the assizes, and that a notice setting forth that an application is intended to be made at the next assizes for a presentment to lay out a new road from to distinguishing the several town lands and baronies or half baronies through which it is intended to be carried, with



9. 58.

the number of perches it is to be made in length through cach town land, has been personally served upon or left at the house of each occupier of the land through which such new road is intended to be made, 21 days at least before the commission day of the assizes, and that a like notice has been posted upon the door of the county court-house 21 days before the assizes; nor unless it shall also appear by an affidavit sworn in like manner, (unless such road be a post road presented under 32 Geo. 3, c. 30.) that no part of such new road is to be made through any deer-park, or field enclosed with a wall, built of lime and stone or bricks, 5 feet high or more, without the consent of the owner thereof. By s. 58. all affidavits for presentments for making, widening, and repairing roads, &c. shall be lodged 6 days before the Afidavits to be commission day of the assizes, with the acting secretary before assizes. of the grand jury, at his office in the county town, which is required to be kept open from the hour of 11 until 3, for 10 days at least previous to every assizes. The powers

of the grand juries in respect to present. Power of grand ing roads, are qualified with the following restrictions : juries not to er,

tend to pulling By s. 4. where any part of any rod to be widened, (as down walls ; by s. 2.) shall be enclosed on either side with a wall built entirely with lime and stone or brick, 5 feet high, such presentinent shall not authorize any person to pull down said wall, without the consent of the owner thereof. And by s. 14. any new road, to be made in pursuance of this clause of the act, shall not be made through any deer-park, or field enclosed with a wall built of lime änd stone or bricks, or carrying reeds 5 feet high, without the consent of the owner. 'And no parks, &c. part thereof is to be made through 'any house, entirely built with lime and stone or bricks, or througlı any of fice or orchard belonging to any person inhabiting a house so built, without the consent of sucli person, unless the road be from post town to post town, and presented under the 32 Geo, 3. c. 30. Ir, which excepted only demesnes or decr-parks; but the 46 Geo. 3. c. 134. I. also excepts houses above the ralue of £100. fields enclosed with walls built of lime and stone or brick, planted lairns or avenues, and orchards planted before 17 May,

S. 4.

s. 14.




& 43.

Mode of tra- The 36 Geo. 3. c. 55. s. 43. Ir. provideş, that any versing present

presentment made for laying out or making any new road, or widening any old road, shall be traversed only at the assizes at which it shall be made, but that it shall be lawful for any occupier or owner of the ground, through which such new road is to be made, os into which such old road is to be widened, to traverse the presentment for the same for damages at such assizes, (and such traverse shall be then tried,) or at the ensuing assizes; and the jury which shall try it shall true verdict give whether any and what damages will accrue thereby to the traverser, and upon the damages so found being paid to the traverser, or deposited for his use with the treasurer of the county, the overseer may proceed in the execution of the presentment; and the grand jury may present at their discretion the sum so found, to be raised on the county, or on the barony or half barony, county of a city or town, in which the traverser shall have made it appear that he sustained the damage; to which presentment no traverse shall be allowed. And as to presentments for stopping up old roads, any person may by s. 46. enter a traverse thereto at the same or the next assizes, and if such traverse shall not be tried within a year after such presentiment shall be made, the presentment shall stand good. And by s. 44. every traverse to any presentment by virtue of this act may be tried upon the entry of the presentment in the crown book, and the traverse taken thereto, without making up any record, so as such entry be sufficient in substance, thqugh defective in

form, Duty of clerk The clerk of the crown is required by s. 51. within * of the croun jn respect to pre

days after every assizes, to deliver to the treasurer of the county, copies of all presentments made at said assizes, and also of all queres discharged at the same, signed by himself, upon pain of forfeiting £5. for every default, to be recovered by civil bill; and shall also deliver to the grand jury at every assizes, a true return of all queres and presentments which have not been duly accounted for and discharged, and for wilful neglect therein shall be incapable of acting in said office for the future.

3. 46.

S. 44.



S. 51.

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s. 53.

Grand juries are empowered (by s. 48.) to appoint a col

Appointment ou lector for each barony, half barony, or county of a city, baronycollectors. &c. and to present a sum not exceeding 9d. in the pound for collecting. And by s. 50, the several constables and sub-constables shall, upon pain of forfeiting £5. (to be , recovered before a justice of the county, upon the oath Comitables to of 2 witnesses) be aiding such collectors to levy all money presented to be raised; but if no such collector shall be appointed, the high constable of such barony, &c, shall be the collector within his district.

By s. 52. the treasurer of each county shall within Duty of treau one month after he shall have received copies of the

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presentments, issue his warrants to the collectors of each barony, &c. to raise and levy the same by distress and sale of the goods of every person refusing to pay his proportion thereof. And for ascertaining such proportions, every person to whom such warrant shall be sent,

Presentments shall within 10 days after, &c. deliver or send to the se- applotted. neschal or church-wardens of each manor, parish, or denomination of land contained in such warrant, or if there be no such seneschal or church-warden, then to any principal residing inhabitant, an account in writing . signed by himself, of the sum he is required by said warrant to levy upon such manor, &c. and to desire that the said sum may be applotted thereon; and every person who shall receive such account, shall, under the penalty of £10. (to be recovered by civil bill) post up within 6 days after the receipt thereof, on the door of the Church, or any other conspicuous place in said manor, &c. a notice signed by himself, requiring the landholders and inhabitants to meet on a day and at a place therein to be named, to choose 2 or more persons to applat the sum to be in such notice mentioned, required to be levied upon such manor, &c.; and the

persous so chosen shall applot the same, and shall under-, neath their applotment make oath before a justice of such county, that they have made the said applotment justly, according to the best of their skill, without favour, affection, or malice, and shall, within 30 days after being so chosen, deliver the same to the person empowered to


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