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collect the same, (under the penalty of 10s. for every day's default, to be recovered by civil bill,) who shall accordingly levy said money, and 10s. for the applotters fees; and in case no full and sufficient applotment shall be returned within 36 days after such account is so sent, then the collector or his deputy, or the high constable, may enter into such manor, &c. and distrain the whole or any part thereof, and levy the full sum. By s. 56.
the treasurer of every county shall give copies of such Further cluty of
presentments as he shall receive, to any of the overseers, on demand or within 10 days after, without fee; and shall make up his accounts upon oath at every assizes, and lay them fairly written before the grand jury; and no treasurer shall compound for any money to be raised, any deductions for any
sum he shall
pay to any person, but such as he shall account for; and every trea
surer is hereby also required to keep an office open upon kot enforced, every day, (Sundays excepted) for the space of 14 days
next after every assizes, from 9 in the morning until 3 in the afternoon, in the town wherein the assizes were last held, and to pay all such queres as shall have been discharged, without fee, if he shall have public money to pay the same; and if he shall be guilty of any neglect or offence contrary hereto, he shall be fined, or com. mitted to the county gaol, at the discretion of the judge
of assize. A pporntment of By s. 38. it shall be lawful for any grand jury to ap
point one overseer or more, who can read and write, for carrying into execution any presentment which they shall make by virtue of this act, and to present for the wages of such overseer, any sum not exceeding the rate of is. for each pound of the money expended, to be raised at the time and in like manner as the sum so to
be expended. And by s. 45. if it shall appear to the Action or prose-grand jury by the oath of 2 persons at any assizes, cution against within 2 years after any quere on any presentment by which money was granted shall be discharged,
that the money was not expended agreeable to the presentment, or if the overseer shall be convicted of perjury in his accounting affidavit, the grand jury may direct the
treasurer to sue such overseer by action or civil bill for the money so fraudulently received.
And for the better preservation of the public roads Appointmen! of from encroachments and nuisances, and for the more effectual execution of this law, the grand juries are empowered by s. 76, to appoint for each barony or half barony, or county of a city or town, the high constable or other person to be a conservator of the roads, and all public works thereon, who shall have all the powers of an overseer, and to present thereon any sum not exceeding £25. (or £10. if a constable appointed under 27 Geo. 3. c. 40.) at each assizes for his trouble; but no money shall be paid to him until he shall have laid upon oath before the grand jury a full account of his proceedings in the execution of his office.
By s. 75. a power is given to any justice of the peace Power to jugof any county, having a freehold estate of £100. a to repair sadden year in such county, to order under his hand and seal dunuge. any sum not exceeding 40s. to be expended in repairing any public road within such county, which may be suddenly damaged, provided it shall appear by the affidavit of 2 persons, that the repair of such road cannot be delaved to the next assizes without prejudice to the county, and such justice may appoint an overseer thereof; and the grand jury of such county, at the next assizes, may present the sum so expended to be raised on the barony or half barony, or on the county of the city or town where the same is situate; but no justice shall make more than one such order between assizes and assizes.
This act s. 90. enables defendants sued for any thing Protection ta done in execution of this act, to plead or avow gene- persons acting rally, and entitles them to treble costs in case of obtain- this stulule. ing a verdict or judgment, &c. in such action, or a dismiss upon any civil bill.
The 32 Geo. 3. c. 30. Ir. also enables grand juries to Pose roaks. present any new road to be laid out in the respective 32 Geo. 3. c-30. counties, of
width not greater than 52 feet, nor less than 42 feet in the clear, for the purpose of shortening the distance between the city of Dublin and any post town to which his majesty's mails are conveyed, or for avoiding any hill or precipice, or otherwise rendering
the communication between the said places more safe and convenient; and also to present all sums necessary for laying out the same, and making fences thereto, not exceeding 6d. in the perch for laying out, and 1s. 6d. for each perch of fence, to be raised off the county at large, or the barony or half barony, or county of a city or town, in which the same shall be situate. And they are also empowered by s. 5. to present any part of any old road leading from the city of Dublin to any post town, &c. to be widened to any width not exceeding 52 feet and not less than 42 feet; and (by s. 7.) to present such sums to be raised as aforesaid, as shall be necessary for that purpose. By s. 9. it shall be lawful for any grand jury to present such sum, not exceeding 1s. 6d. by the perch, as may be necessary for filling up the drain or trench of any ditch situate next to any pub
lic road, and making a sufficient fence instead thereof. S. 144. And by 4. 14. any grand jury may also present any
money to be raised off the county at large for lowering
any hill, or filling up any hollow, or both, on any such 35 Geo. 3. c. 38. post road. And this act contains several provisions si
milar to those above-mentioned of the 36 Geo. 3. c. 55. 45Geo
. 3.c. 43. Ir. and has been since amended by the 35 Geo. 3. c. 38. Ir. 46Geo.3.c.134. 45 Geo. 3. c. 43. I. and 46 Geo. 3. c. 134. I. Turnpike roads.
As to the turnpike roads of Ireland, the statutes concerning them are principally of a local description, but it
may proper to state a few provisions, which are of a 21 Geo.2.c. 16. general nature.-The 21 Geo. 2. c. 16. s. l. Ir. enacts
that the trustees of such roads and their successors shall Trustces how to be persons capable to sue and to be sued in láw and
equity, by the name of the trustees appointed for putting in execution the powers and authorities mentioned in said acts, and may use a common seal for such purposes, and shall be also capable to take securities to them as trustees, for performance of any agreement, or for the due execution of any power committed to any person concerned in any road, as if they were respectively in. corporated. And they are accordingly required by s. 2. to appoint a clerk or register, the service of whom with any subpæna, order, decree, or process, shall be good service of said trustees, se as such service be made 20
$. 1. Ir.
sue and be sued.
c. 50. Ir.
days befo.e the return of such subpoena, &c. or the time appointed by such order, &c. for obedience thereto, By the 13 & 14 Geo. 3. c. 26. s. 1. & 2. Ir. the trea- 13 & 14 Geo. 3. surers of turnpike roads (or the receivers of the tolls c. 26. s. 1 & 2 where there shall be no treasurer, or where the treasurer shall be absconding or insolvent) shall deposit with the Treasurer's aco
counts regisclerk of the peace of every county, through which such lered, roads run, true copies of all contracts for making and repairing same, or any bridges thereon, made with the commissioners thereof, and of all orders made by said commissioners relating to such road, within one month after making such contract or order, and on every 1st October the full annual produce of the toll, and of the espenses of collecting the same, upon pain of forfeiting £20. for every calendar month they shall fail so to do, to be recovered by civil bill in the name of the clerk of the crown, And the 19 & 20 Geo. 3. c. 50. Ir. further 19 & 20 Geo.3. requires every turnpike treasurer in like manner to return true copies of every lease, article, or agreement, for setting the gates or tolls since the last return, with an account of his receipts and payments, on account of said road, and number of perches repaired during said time: and authorizes the judge of assize to examine the clerk of and examined. the peace upon oath as to such returns having been made as are required by these acts, and to fine the treasurer of any turnpike road, in any sum not exceeding £20. for any such default: such fines to be applied to the repairs of such road. This act also enables the grand jury of Powers of grand
juries in respect any county, to examine the treasurer of any turnpike to turnpike road in such county, upon oath, as to the state of any such road. and as to all matters relating to the tolls, rents, debts, and credits thereof: and upon an affidavit being sworn before one of the judges of assize, of part of such road being bad, and of sufficient being in the treasurer's hands, or by rents or tolls, to repair the same, such grand jury may present such part to be repaired by the treasurer in a certain time, which presentment, if [*fiated] by the judge, shall be obeyed: and if quere *oupled is the thereon shall not be answered at the next assizes, so as to pred sta. shew the work to be done accordingly, the judge may order execution gainst the treasurer for the VOL. I.
word in the
tioned in such presentment; and the treasurer acting after,
forieits 25. to prosecutor by civil bill at next assizes. 13 & 14 Geo. 3. Aud by the i3 & 11 Geo, 3. c. 26. s. 6. Ir. where it shall c. 26. 3. 6. Is. be alleged that any turnpike commissioner or other perRemerly for son bath misapplied, wasted, or embezzled any part of siards of turn, the tolls of any turnpike road, or broke or not perpike cominission
forined any contract or agreement relative thereto, the person so alleging shall make or cause to be made an affidavit, as if in a cause depending in the court of Ch. or Exc. between the attorney general, at the relation of such person so alleging, plaintiff, and the person so complained against, defendant, stating the charges of such misapplication, &c. and that the relator is not prompted by malice or ill will to any person, and that the proceeding has not been contrived to favour or protect the defendant against any other proceeding, and that the relator is worth L 200. above all his just debts, or that he is ready to give such security for costs as the court shall think reasonable; and upon the filing of such affidavit the attorney general shall permit a motion to be made in his name, in Ch. or Exc. for an order that the person complained against shall answer such affidavit; upon the coming in of which answer the court may either dismisă the complaint with costs, or order tliat a bill or information shall be filed against the person complained against, and that he shall in due time answer such the information, &c.; and the court shall proceed in the most suminary manner, as in possessory causes, and order an examination of witnesses, and hear the cause; and make its decrce therein, and direct all proper inquiries and award costs to or against the relator, and at any stage of the cause order the relator to give security for costs, with a reciprocal right of appeal to the parties; and if it shall appear that the relator has entered into a collusion with the person complained against, or if he shall collusively forbear to prosecute his suit, the court may order the cause to be carried on by any other person in the relator's name, entering into a security to indemnify the relator from costs; and the relator in every such case shall be decreed to one fourth of the