s. 3.

s. 10.

county, and obey such lawful directions as they shall receive from any magistrate within such county; and in case any such constable shall be guilty of any neglect or violation of duty, he shall be liable to be removed by any such grand jury, and incur such penalty not exceeding 40s., and such imprisonment in the common gaol not exceeding one month, as the justices at the quarter sessions for said county (after proof by I witness upon oath or on the confession of the party) shall impose: and by s. 3. such constable shall have all power, privileges and authorities, and be subject to the same penalties and regulations, which any constable is by law subject or entitled to, and shall act as ministerial officers of the peace; and by s. 10. shall be aiding in removing nuisances from the public highways, and in preventing encroachments and obstructions from being made thereon, and in preventing bridges or the battlements thereof from being injured or prostrated, and shall to the best of their power enforce all laws enacted for the preservation of the public highways and bridges, and enforce the penalties prescribed by the same. And by s. 3. for the better preventing the commission of offences, and the more speedy and certain apprehending of offenders against the peace within every such county, and for assisting in the execution of the law therein, such constables shall be provided with proper arms and accoutrements at the expense of such counties: and this act limits the amount of such expense, the salary of such officers, their fees for transmitting prisoners, and also regulates the mode of levying the same. But by s. 8. no person shall be entitled to fill the office of constable under this act, unless he shall have previously obtained a certificate from 3 magistrates resident in the same barony or half-barony, or if none such are resident therein, then of any 3 magistrates contiguous thereto, that the said person so to be appointed is in every respect qualified to discharge the duties of such office: and unless also (by s. 9.) he shall have taken the following oath before one of the judges of assize or before the justices of the quarter sessions:-" I, A. B, Constable's oath. “do swear, that I will well and truly serve our sovereign

lord

8.

s. 9.

66

"lord the king, in the office of constable in the county "of; that I will see and cause his majesty's peace "to be kept and preserved, according to the best of my power, without favour or affection, malice or evil will; "that I will to the best of my power remove, or cause to "be removed, all nuisances from the public highways, "and prevent any obstructions or encroachments from "being made thereon; and that I will prevent to the best "of my power, any bridges, or the battlements thereof, ❝from being injured or prostrated; and that I will, to "the best of my power, enforce all laws enacted for the "preservation of highways and bridges, and enforce the "penalties prescribed by the same; and that I will well " and truly execute all warrants and precepts to me di "rected, from the justices of the peace of said county, "according to law; and I will well and truly, according "to my power, knowledge and ability, do and execute "all other things belonging to the office of a constable, '66 as long as I shall continue in the said office." And the said judge or justices shall thereupon give a certificate of the taking of such oath according to a form thereby pre scribed and such constable shall deliver such certificate to the treasurer of the county, who shall enter the same in a book to be kept amongst the records of the county, and produce the same to the grand jury at each assizes. Special exemptions from serving the office of constable, from this office. have been granted by certain statutes to which I shall merely refer: thus to dissenters upon their appointing sufficient deputies, and to teachers or preachers in holy orders by the 1 W. & M. c. 13. Eng.; to the prosecutors of felons by the 10 & 11 W. 3. c. 23. Eng.; and to persons serving in the militia by the 26 Geo. 3. c. 107. Eng. The 6 Geo. 1. c. 5. Ir. contains the same exemption for dissenters, &c. as the 1 W. &. M. c. 18. Eng. And by the 33 Geo. 3. c. 22. Ir. quakers are exempted from being high or petty constables, for the purposes of this act which consolidates the laws relating to the militia; and this act also exempts serjeants, corporals, drummers, and privates from being peace officers until discharged from the militia. The 1 Geo. 1. st. 2. c. 13. s. 1. Eng. which requires

Exemptions

the

the oaths of allegiance, supremacy, and abjuration to be taken as a qualification for holding offices, includes constables generally: but tithing men, headboroughs, and other inferior officers are by s. 20. excepted. And high constables as well as petty constables are excepted out of the Test Act 25 Car. 2. c. 2. Eng. which required, in addition to the oaths of allegiance, &c. the declaration against transubstantiation to be made, and the sacrament to be received according to the usage of the church of England. And the i W. & M. c. 18. s. 7. Eng. and 31 Geo. 3. c. 32. s. 7. Eng. enable dissenters and catholics to execute the office of high or petty constable by deputy, if they shall scruple to take the oaths required in respect to such office. But these statutes will be more fully stated in the next chapter.

to constables.

In England the 3 Jac. 1. c. 10.-27 Geo. 2. c. .3 Remuneration 18 Geo. 3. c. 19.-26 Geo, 3, c, 107.-41 Geo. 3. c. 78. and 42 Geo. 3. c. 90. provide for defraying the expenses of constables in conveying offenders to gaol, executing justices' warrants, levying penalties, doing the business of their respective parishes, &c. and discharging the duties imposed on them in respect to raising the militia. And in Ireland, the 17 Geo. 2. c. 6.-32 Geo. 3. c. 16.-and 36 Geo. 3. c. 55. empower grand jurics to present a certain compensation to constables for transmitting prisoners, keeping the peace, and executing the law in their proper baronies, and for receiving the public money.

$5.

appointed.

V. As to the surveyors of highways, the 13 Geo. 3. c. 78. Eng. which reduces into one act the several statutes Surveyors of for the amendment and preservation of the public high-highway-how ways in England, provides for the appointment of drie 13 Gro.3.c.78. surveyor of the highways, or more, in every parish, s. 1. to 15. Eng. township or place. And for that purpose directs that on September 22, in every year, unless that day be a Sunday, and then on the day following, the constable's, church-wardens, surveyors of the highways, and householders assessed to any parochial or public rate, shall assemble at the church or chapel, or if there be no church, &c. then at the usual place of public meeting, at the hour of 11 in the forenoon, and make a list of the names of at least 10 persons, each of whom hath an VOL. I,

S

estate

!

estate in lands, &c. lying within such district, in his own right or in right of his wife, of £10. by the year, or a personal estate of the value of £100. or occupier of a tenement of the yearly value of £30.; and if there shall not be 10 persons so qualified, they shall supply the number by inserting the names of the most sufficient and able inhabitants, out of which list the justices at a special sessions to be held for the purpose shall appoint one, two, or more of such persons to said office. And if any person so appointed shall refuse to serve, he shall incur the forfeiture of £5. if included in such list, or otherwise 50s.; but no person who hath served said office one year, shall be compellable to serve again within 3 years Their salary. from such appointment and service. And by s. 1. 5. & 54. a salary may be allowed by the justices to every such

Their duty and powers.

s. 15.

surveyor.

The first duty which is imposed upon surveyors of highways by this act is to enforce the several provisions (s. 6. to 15.) in respect to removing all nuisances or encroachments which injure or contract such highways, as well as such obstructions and annoyances as may interrupt the passage of carriages, or of his majesty's subjects along the same. By s. 15. they are required to make and maintain every public cartway leading to any markettown, 20 feet wide at least, and every public horseway or driftway 8 feet wide at least, if the ground between the fences inclosing the same will admit thereof: and they are charged with several duties, by s. 16. to 23. in respect to widening, or diverting and turning public highways, or public bridleways or footways, and stopping up and enclosing old or unnecessary highways, &c. making satisfaction to the persons injured thereby. Such improvements are to be so made in pursuance of the orders of 2 or more justices, and such recompence is to be assessed to the owner of land, not exceeding 40 years purchase, by a jury to be impannelled at the quarter sessions, unless such owners shall agree with the surveyors for the amount of such recompence. By s. 16. the powers of the justices or surveyors shall not extend to pulling down any house or building, or to taking away the ground of doen houses,&c. any garden, park, paddock, court, or yard. And by this

s. 16.

Powers of sur veyors restrained as to pulling

section

section of the act, where there shall not appear sufficient money in the hands of the surveyor for the purposes aforesaid, then such 2 justices in case of agreement, or the court of quarter sessions after such verdict as aforesaid, shall order an equal assessment to be made and collected Assessment upon parishes, &c upon all the occupiers of lands, &c. in the respective pa- for widening rishes, &c. where such highways lie, and direct the money roads, &c. to be paid to the person or body interested, in such manner as the said justices or court of quarter sessions shall direet: provided that no such assessinent to be made in any one year shall exceed the rate of 6d. in the pound of the yearly value of the lands, &c. so assessed. With respect to the repairs of roads: it is the duty of Repairsof roads surveyors (by s. 23.) to give information upon oath, to the justices or any 2 or more of them, of all such highways, and of all bridges, causeways, or pavements upon such highways, as are out of repair and ought to be repaired by any person or body, by reason of any grant, tenure, limitation, or appointment of any charitable gift, or otherwise; and the justices are thereby empowered and required to limit a time for such repairs, and to present such highways, &c. together with the persons, &c. liable to repair the same, at the next quarter sessions, unless such repairs have been effectually made within the time

&c.

s. 23.

so limited. And by s. 24. & 25. every justice of assize s 24. & 25.

&c.

(and the justices of the counties palatine, and of the great Presentments by sessions in Wales) are empowered upon the view, and justices of assize, every justice of the peace either upon his own view, or upon the information of the surveyor of the highways upon oath, to make presentment at their respective assizes, great sessions, or quarter sessions, of any highway, &c. not sufficiently repaired, or of any other default contrary to this act; and to assess such fines as to them shall seem meet, for every default or offence so presented; and by s. 1. & 61. the justices of peace are empowered to hold special sessions for the highways. And by s. 27. 8. 27. to 23. to 33. the surveyors of highways are invested with sufficient power to raise and procure materials for such repairs. By s. 30. upon application by any such surveyor to the justices of peace at their special sessions, and Fapenses-how oath

$ 2

Materials raised

s. 30.

dejoyed.