5 A BIL L [AS AMENDED BY THE COMMITTEE] To consolidate and amend the Laws relating to [The Clauses marked (A. B. C. D. & E.) and the Schedule No. 33, were added by the Committee.] DEREAS it is expedient to amend the Laws relating to Preamble. to consolidate the same in one Act, and to make other Provisions respecting Highways; Be it therefore Enacted, by The KING's most Excellent MAJESTY, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, THAT so much Repeal of of an Act passed in the twenty-second year of the reign of King HENRY 22 H. 8. c. 5. the Eighth, as relates to the Repair of parts of Highways distant $9. 10 from the ends of Bridges by the space of three hundred feet; and also, 18 Geo. 2. c. 33. so much of an Act passed in the sixth year of the reign of King GEORGE 6 Geo. 1. c. 6. the First, intituled, "An Act for preventing the carriage of excessive Except, &c. "Loads of Meal, Malt, Bricks and Coals within ten miles of the cities "of London and Westminster," as relates to the carriage of Bricks, 15 except so far as relates to the city of London; and also, an Act passed in the eighteenth year of the reign of King GEORGE the Second, intituled, "An Act to repeal a Clause made in the third year of the reign of King WILLIAM and Queen MARY, relating to Carts used by persons inhabiting within the limits of the Weekly Bills of Mortality, "and to allow such Carts to be drawn by three horses, and to prevent "the Misbehaviour of the Drivers of Carts within the said limits," except so far as the same relates to the city of London; and also, so much of an Act passed in the twenty-fourth year of the reign of King GEORGE 20 Except, &c. 24 Geo. 2. c. 43. Except, &c. So Geo. 2. c. 22. Except, &c. 13 Geo 3. c. 78. 34 Geo. 3. c. 61. 34 Geo. 3. c. 74. 42 Geo. 3. c. 90. § 174. 44 Geo. S. c. 52. 54 Geo. 3. c. 109. the Second, intituled, "An Act for the more effectual preservation of "the Turnpike Roads in that part of Great Britain called England, "and for the disposition of Penalties given by Acts of Parliament 5 relating to the Highways in that part of Great Britain called Eng"land, and for enforcing the recovery thereof; and for the more effec"tual preventing of Mischiefs occasioned by the Drivers riding upon "Carts and Drays, Carrs and Waggons, in the city of London and "within ten miles thereof," as relates to the preventing Mischief occasioned by the Drivers riding upon carts, drays, carrs and waggons in the city of London or within ten miles thereof, except so far as the 10 same relates to the city of London; and also, an Act passed in the thirtieth year of the reign of King GEORGE the Second, intituled, "An "Act to explain and amend an Act made in the eighteenth year of his present Majesty's reign, to prevent the Misbehaviour of the Drivers of "Carts in the Streets in London, Westminster, and the limits of the 15 Weekly Bills of Mortality, and for other purposes in this Act men"tioned," except so far as the same relate to the city of London; and also, an Act passed in the thirteenth year of the reign of King GEORGE the Third, intituled, "An Act to explain, amend and reduce into one Act "of Parliament the Statutes now in being for the amendment and 20 preservation of the public Highways within that part of Great Britain "called England, and for other purposes ;" and also, an Act passed in the thirty-fourth year of the reign of King GEORGE the Third, intituled, "An Act for the more effectually repairing of such parts of the High66 ways of this Kingdom as are to be repaired by two Parishes ;" and 25 also, an Act passed in this same thirty-fourth year of the reign of King GEORGE the Third, intituled, "An Act for varying some of the "Provisions in an Act of the thirteenth year of his present Majesty's reign, respecting the public Highways within that part of Great "Britain called England, which relates to the performance of Statute 30 Duty;" and also, so much of an Act passed in the forty-second year of the reign of King GEORGE the Third, intituled, "An Act for amending the Laws relating to the Militia in England, and for augmenting the Militia," as relates to the exemption of any Serjeant, Corporal, Drummer or Private of the Militia from performing Highway 35 Duty, commonly called Statute Duty; and also, an Act passed in the forty-fourth year of the reign of King GEORGE the Third, intituled, "An Act to alter and amend so much of an Act passed in the thirty"fourth year of his present Majesty, as relates to the amount of Sums "to be paid by persons compounding for the performance of Statute 40 "Duty;" and also, an Act passed in the fifty-fourth year of the reign of King GEORGE the Third, intituled, "An Act to amend an Act of "the thirteenth year of his present Majesty, to explain, amend and "reduce into one Act the Statutes now in force for the amendment and preservation of the public Highways within England, and for other purposes;" and also, an Act passed in the fifty-fifth year of the reign 66 55 Geo. 3. c. 68. 5 of King GEORGE the Third, intituled, "An Act to amend an Act of "the thirteenth year of his present Majesty, for the amendment and "preservation of the public Highways, in so far as the same relates to "Notice of Appeal against turning or diverting a public Highway, and to extend the Provisions of the same Act to the stopping up of 66 unnecessary Roads ;" shall be and the same are hereby Repealed. Provided always, and be it Enacted, That nothing herein contained shall extend or be construed to extend so as to revive or give any force or effect to any Act repealed by the said recited Acts, or any of 10 them, but such Acts shall be and continue repealed in such and the like manner as if this Act had not been made. Provided always, and be it further Enacted, That nothing herein contained shall extend or be deemed or construed to interfere with any Contracts or Agreements heretofore made under the authority of any 15 of the said recited Acts, or to extend to prevent the suing for or recovery of any Penalty incurred by any Offence committed against the provisions of the said recited Acts, or any of them, previous to the Repeal of the said Acts in and by this Act, or to prevent or defeat any Prosecution commenced or to be brought for such Offence; but all 20 Penalties and Forfeitures incurred may be sued for and recovered, and all Contracts and Agreements may be enforced, and all Encroachments, Nuisances and other Offences made or committed previous to the Repeal of the said Acts, against the provisions of the said Acts, or any of them, may be abated or prosecuted by the Waywarden appointed 25 under this Act, in the same manner to all intents and purposes as if this Act had not been passed. Not to revive repealed Acts. Proviso for Recovery of Penalties inOffences against Acts repealed. curred for Waywarden annually on March. to be elected the 25th And be it further Enacted, That upon the Twenty-fifth day of March in every year, or if that should happen on a Sunday or Good Friday, then on the day next following, such of the Inhabitants of every parish 30 or part of any parish maintaining its own Highways as contribute to the Highway Rates, shall assemble together in Vestry, at the usual place of public meetings for such parish, for the purpose of electing and choosing one or more persons, not exceeding Five, as they may think proper, to serve the office of Waywarden in the said parish for the year 35 then next ensuing: Provided always, That any outgoing Waywarden May be reshall continue to act until his Successor shall be appointed, and shall be re-eligible, and may be re-elected, and shall in such case continue to act and remain in office, any thing herein contained to the contrary notwithstanding: Provided always, That notice of such Election shall 40 be given by the Chairman to the Persons elected and to the outgoing Waywarden. And be it further Enacted, That any Person living within the parish, or within Five Miles thereof, and having an estate in houses, elected. Qualification of Wayward ens. Manner of filling up Vacancy in case of Death, &c. of Waywarden. Penalty on Waywarden not acting lands, tenements or hereditaments lying within such parish, in his 5 And be it further Enacted, That in case any Waywarden shall die, or shall cease to possess the qualification herein mentioned, or shall 10 neglect to act, such neglect being proved to the satisfaction of any Two Justices, and in case of any casual Vacancy happening in any way whatsoever, so that the number of Waywardens shall be inconveniently reduced, Notice may be given by an acting Waywarden, or by one of the Overseers of the Poor, to the Churchwardens of the parish, who shall 15 forthwith after the receipt of such notice as aforesaid notify the time for a Vestry Meeting of the Inhabitants of the said parish, and shall cause a Notice containing the Time and Place of meeting to be affixed on the principal outer door of the Parish Church situate within such parish Seven Days previous to the day appointed for holding such 20 Meeting, and at such last-mentioned Meeting the Vacancy shall be filled up in the same manner as is herein provided for the election of Waywarden. And be it further Enacted, That if any Person who shall be so chosen and elected, shall refuse or neglect to take upon himself the office of 25 when chosen. Waywarden, or to provide a sufficient Deputy, to be approved by Two Justices, he shall forfeit, on conviction before any Two Justices, any sum not exceeding the sum of Twenty Pounds, unless he can show to the said Justices good and sufficient cause why he should not be called upon to serve the said office. Inhabitants with a Salary. of 30 And be it further Enacted, That it shall be lawful for the Inhabitants any parish in Vestry assembled, whenever it shall appear to them to be conducive to the improvement of the management of the Highways of the said parish, from time to time to nominate, elect and appoint any discreet person, wheresoever resident, to be Assistant-Waywarden of such 35 parish, and to fix such yearly Salary for the execution of the said office as shall by such Inhabitants in Vestry be thought fit; which said appointment shall be in writing, and signed by the Chairman of such Vestry; and such Assistant-Waywarden shall act under the direction of the Waywardens of such parish in carrying the provisions of this Act into execution; and such Salary shall be paid out of the money raised under the authority of this Act, at such times and in such manner as shall have been agreed upon between the Inhabitants in Vestry and the Person 40 Person so nominated and elected; and the said appointment of Assistant- Appointment Waywarden shall not be liable or subject to any stamp duty. not subject to Stamp duty. to account. And be it further Enacted, That the Assistant-Waywarden, if any Assistant such shall be nominated elected and appointed as aforesaid, shall justly Waywarden 5 and truly account with and pay to the said Waywarden, or to his order, from time to time, all the Money which shall come to his hands as Assistant-Waywarden, and in default thereof he shall forfeit Double the value of the Money by him so received and not so paid and accounted for; and such Assistant-Waywarden shall be removable from time to 10 time by the Inhabitants in Vestry assembled. on verifying Accounts, to sive to Jus succeeding tices List of And be it further Enacted, That the Waywarden, at the time of Waywarden, passing his Accounts as herein mentioned, shall deliver to the Justices a List of the name and residence of the Person appointed to succeed him as Waywarden; which List shall be duly filed and kept by the Clerk 15 to the said Justices, and the Fee payable to the said Clerk for filing such List shall be the sum of One Shilling. And be it further Enacted, That in case it shall appear to any Two Justices in Petty Sessions assembled, on the oath of any Inhabitant, that the Inhabitants of any parish in Vestry assembled as aforesaid shall 20 have neglected or refused to nominate and elect a Waywarden in manner and for the purposes aforesaid, or on the Information of their Clerk that no such List of Waywarden has been delivered by the outgoing Waywarden as herein directed, unless it shall be proved that the Inhabitants in Vestry have directed the outgoing Waywarden to deliver such List, it shall and may be lawful for such Justices, and they are hereby authorized and required, by writing under their hands at their next succeeding Special Sessions, to appoint any person whom they may think fit to be a Waywarden for such parish, till the Twenty-fifth day of March then next ensuing, and with or without such salary, as to the said Justices shall seem fit and proper; and the said Waywarden, when so appointed, shall be invested with the same powers, and be subject to the same duties, forfeitures and penalties, as any Waywarden nominated and elected by the Inhabitants of any parish as aforesaid would have been. 25 30 35 And be it further Enacted, That when a Parish is situated in more than one County or Division, the Waywarden so to be appointed as last aforesaid shall be appointed by any Two Justices in Petty Sessions assembled in that County or Division in which the Church of the said Parish shall be situate. And be it further Enacted, That if any Waywarden, Assistant-Waywarden or other party liable to repair any liable to repair any of the Highways in any parish, shall suffer the said Highways to be out of repair by his own inattention, or shall neglect his duty, and for which Offences no particular Waywarden. Power to Juscases to appoint a Waywarden. tices in certain CLAUSE (A.) When Parish is situate in more than one County. |