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Sum received, and to the costs expended in such suit; and the residue of the sum recovered shall be applied to the performance of the contract, or to the making or repairing the neglected road or bridge. But by s. 7. no such suit shall be coinmenced unless such complaint shall be made within 4 years after such misapplication, &c. nor against the executor or administrator of any person charged with such misapplication, &c. unless a suit shall have been commenced against the person whom such executor, &c. shall represent, in the life time of such person.
As to bridges in England, it was a provision of Magna Making and reCharta 9 Hen. 3. c. 15. that no town nor freeman should pairing bridges.
9 Hen, 3. c. 153 be distrained to make bridges, but such as of old time E. & i. and of right had been accustomed to make the same. And the 22 Hen: 8. c. 5. Eng. enacts tliat the justices 22 Hen. 8. c: 5,
Eng. of peace in every shire, franchise; city, or borough, or 4 of them at the least (one to be of the quorum) shall have power to inquire and determine in general sessions, of annoyances of brilges broken, and to make process and pains upon every presentment before them for refor: mation of the same, against such as ought to be charged for amending such bridges, as the justices of K. B. used to do. And by s. 2. & 3: when it cannot be known what s. 2. & 3, hundre I; riding, wapentake, city, town; parish, person, or body, ought to make such bridges, if they be without a city or town corporate; they shall be made by the inhabitants of the shire or riding, and if within the city, &c. then by the inhabitants thereof; and if part of such bridges be in one shire, &c. and part in another, or if part be within any city or town corporate, and part without, the inhabitants of such sbires; ridings; cities or towns, shall be charged to amend such part as shall be within their respective limits. And by si 4. the justices of peace within the shires and within every city; &c; shall have power to tax every inhabitant within the limits of their commissions, for the repairing of such bridges, and to make 2 collectors of every hundred, and to appoint 2 surveyors to see any such decayed bridge repaired, And the justices are also empowered by s. 4 & 8. to allow such reasonable charges to the surveyors and col
lectors as shall be thought convenient, and to issue process against them, their executors, &c. to compel them to account, or comunit them to ward, till they truly account, if they shall refuse so to dɔ. And by s. 5. where any bridges lie in one shire, and such persons, &c. lands, &c. which ought to be charged to the making and amending of such bridges, lie in another shire, or where such bridges be within any city, &c. and the persons, &c. lands, &c. that ought to make or repair such bridges, be out of the said cities, &c. the justices in the shire, city, &c. within which sucla bridges or any part thereof shall be, shall have power to hear and determine all such annoyances within the limits of their commission, and if the annoyances be presented, then to make process into every shire against such as ought to amend any such bridges, and to do in every sucli case as if the persons, lands, &c. were within the same shire, &c. city, &c. : and all sheriffs and bailiffs of liberties, shall execute such process
from the justices, upon pain to make such fine as shall 1.Ann.st, 1.c.19. be set by the justices. The 1 Anv. st. 1. c. 18. Eng. conEng.
tains some further provisions as to the collecting the assessments for the repair of bridges. And by s. 5. all matters concerning the repairing of bridges and highroads shall be determined in the county where they lie, and shall not be removed by certiorari. And by s. 7. persons authorized by this act to put the same in execution may plead the general issue, and give this act and the 22 Hen.8. c. 5. in evidence, and if plaintiff become nonsuit, or forbear further prosecution, or suffer discontinuance, or if a verdict pass against him, the defendant shall recover his double costs. And this act (s. 13.) recites that many persons or bodies were of right obliged to repair decayed bridges and the highways thereto adjoining, but the inhabitants of the county, &c. in which such decayed bridges lay, were not therefore allowed upon information or indictments against such persons, &c. for not repairing &c. to be legal witnesses, and therefore enacts that their
evidence shall be admitted in all such cases. By the 4.3-0. 3.c.59. 43 Geo. 3. c. 59. E. the same powers of procuring mate
rials and removing nuisances are given to the surveyors of bridges, as are rested in the surveyors of highways,
S. 21. Ir.
by the 13 Geo. 3. c. 78. Eng.; and all the powers and provisions of said act are extended to bridges, for the purposes of their amendment or alteration. In Ireland, the 36 Geo. 3. c. 55. s. 21. Ir. empowers the Presentments for
bridges in Irea grand jury of any county, &c. at any assizes held for land. the same, to present any sum of money to be raised on the 36 Gen.3.c.55. county at large, and to be expended in building, rebuilding, repairing, altering, or enlarging any bridge, pipe, arch, or gullet, built of stone or brick or wood, under or on any road, or in filling or gravelling over any such bridge, &c. But by s. 22. before any money can be presented for such purpose, an affidavit of 2 persons sworn before
Mode or obraina justice of such county, setting forth the sum required, ing suck free and that the work cannot be executed for a smaller
sum, according to the plan and estimate annexed, shall be first laid before the grand jury. And by s. 23. no presentment for any greater sum than £10. shall be fiated at any assizes, for building any bridge, &c. unless it shall appear to the court by the certificate of the foreman of the grand jury at some preceding assizes, that such affidavit, estimate, and plan;' had been laid before such grand jury, and read to them, unless where the new bridge, &c. is to be built in the place of one which has been carried away, destroyed, or become impassable for carric.ges since the assizes immediately preceding. And by s. 24. no money shall be paid by the treasurer, until the accounting affidavit of one of the overscers according to a form hereby prescribed, shall be allowed by the grand jury and the court.
This act (s. 75.) empowers a justice of peace of the county, to order any sum not exceeding L5. to be expanded in repairing any bridge which may be suddenly damaged, in like manner as iš provided in respect to any public road within such county, ante page 271. The 19 & 20 Geo. 3. c, 41. Ir. cmpowers 19 & 20 Geo. 3. grand juries' to present bridges to be built by private persons at their own expense, according to approved Toll Bridges. estimates, and in consideration of toils agreed on, and after 41 years to redeemn such tolls, by presenting on the county at large the sum expended, with interest.
VI. Overseers of the poor were first appointed by the 43 Eliz.c. 2. Eng. which enacted (s. 1.) that the church- Overseers of the
c. 41. Ir.
43 Eliz.c. 2. wardens of every parish, and 4, 3, or 2 substantial houseFog.
holders, respect being bad to the greatness of the parish, Their peer of should be nominated yearly in Easter week, or within onę relieving the poer.
month after Easter, under the hand and seal of 2 or more justices of the peace of the county, (whereof one to be of the quorum,) dwelling in or, near such parish or division, to be overseers of the poor, who should with the consent of 2 şuch justices, take order for setting to work the children of all such whose parents should not by the church-wardens and overseers be thought able to keep and maintain their children, and also for setting to work all persons, married or unmarried, having no means to
maintain them, and using no ordinary and daily trade to Poos rate. get their living by; and to raise weekly or otherwise by
taxation of every parson, vicar, and other inhabitant, and of every occupier of lands, houses, tithes impropriate, propriations of tithes, coal-mines, or saleable underwoods, in the said parish, a' convenient stock of flax, hemp, wool, thread, iron, and other necessary ware and stuff, to set the poor on work, and also a competent sum for the necessary relief of the lame, impotent, old, and blind, and such others as are poor
and not able to work; and also for the putting out 13 & 14Car. 2. of such children to be apprentices. But the 13 & 14 c. 12. Eng.
Car. 2. c. 12. Eng. recites that the number of poor Their power of within England and Wales is very great and burthensome, removing them to and therefore enacts that it shall be lawful, upou comthe place nf their
plaint made by the church-wardens or overseers of any parish, to any justice of peace, within 40 days after any poor person shall come to settle in any tenement under the yearly value of £10. for any 2 justices, (one of the quorum) by warrant to remove such person to such parish where he was last legally settled, either as native, householder, sojourner, apprentice, or servant; for the space of 40 days, unless he gives security for the discharge of the parish; but any person aggrieved by
such judgment may appeal to the next quarter-sessions. 3 W.& M.c.11. By the 3 W. & M. c. 11. Eng. the 40 days continuance Eng.
of a poor person in a parish or town to make a settlement, What shall make shall be accounted from the publication of a notice in selllement.
writing which he shall deliver, of the house of his abode, and the number of his family, to the church-warden or overseer of the poor; which notice the church-warden, &c. shall cause to be read publicly, after divine service, in the church or chapel of the parish, &c. on the next Lord's * This olause
explains the day, and register in the book kept for the poors' accounts.* 1 Jac. 2. c. 17.
s. 3. Eng. And by (s. 6.) a legal settlement may be gained by any person who shall come to inbabit in any town or parish, and execute any public annual office in such town, &c. during one year; or pay his share toward the public taxes of the town or parish; though no such notice be delivered as above mentioned. But by the 9 Geo. 1. c. 7. s. 6. Eng. no
9 Gen. 1. c. 7. person shall be deemed to have a settlement, by paying s. 6. Eng. the scavenger's rate or repairs of the highway. And the 43 Geo. 3. c. 161. s. 59. G. B. excepts also the assessed
43 Geo.3.c.161 taxes payable by this act. And by the 35 Geo. 3. c. 101. s. 59. G. B. s. 4. Eng. no person who shall come into any parish shal! 35Geo 3.c.101.
8. 4. Fug. gain a settlement by being rated to any tenement under the yearly value of £10. The 3 W. & M. c. 11. Eng:
3 W.&M c.ll. further enacts, (s. 7.) that if any unmarried person, not s. 1. Eng. having a child, shall be hired into any parish or town for one year, such service shall be adjudged a settlement, though no such notice as above mentioned be delivered, &c. But by the 8 & 9 W. 3. c. 30. s. 4. Eng. no bired 8 & 9 W. 3. person shall be adjudged to have a settlement, unless 30. 6. 4. Eng. such person continue in the same service during one whole year. And by the 3 W. & M. c. 11. s. 8. Eng. if 3 W. & M.
c. 11.s. E. Eng. any person shall be bound an apprentice by indenture, and inhabit in any town or parish, such binding and inhabitation shall be adjudged a settlement, though no such notice be delivered, &c. as required by s. 5. supra. The 31 Geo. 2. c.11. s. 1. Eng. also enacts, that no person 31 Gen.2.c.11. bound an apprentice by any deed, writing, or contract,
s. 1. Eng. not indented, being first legally stamped, shall be liable to be removed from the town, parislı, or place, where le or she shall be so bound an apprentice, and resident 40 days, by any order of removal granted by any 2 justices, or by any order of the general or quarter sessions, on account of such deed, &c. not being indented, only. By the 9 Geo. 1. c. 7. s. 5. Eng. the acquisition of an estate 9 Geo. 1.c.7.
s. 5. Eng. by purchase, will not entitle the person purchasing to a