Page images
PDF
EPUB
[ocr errors]
[ocr errors]
[ocr errors]
[ocr errors]

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 6: 26. 5. 1 & 2 where there shall be no treasurer, or where the treasurer shall be absconding or insolvent) shall deposit with the Treasure

counts regisclerk of the peace of every county, through which such tered, 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 expenses 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 ard 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 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 *galed is the

word in the thereon shall not be answered at the next assizes, so as to protein sta. shew the work to be done accordingly, the judge may tuto. order execution against the treasurer for the sun menVOL. I.

tioned

juries in respect

tioned in such presentment; and the treasurer acting after,

fortèits £5. to prosecutor by civil bill at next assizes, 13 & 14 Geo. 3. Aud by the 13 & 14 Gen. 3. c. 26. s. 6. Ir. where it shall c. 26. 3. 6. Ii. he alleged that

6. 16. be alleged that any turnpike commissioner or other perRemedy for son hath misapplied, wasted, or embezzled any part of pike commissions

no the tolls of any turnpike road, or broke or not perers, &c. formed 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 Esc. 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 L200, 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 rame, in Ch. or Esc. for an order that the person complained against shall answer such affidavit; upon the coming in of which answer the court may either dismiss 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 esanyination of witnesses, and hear the causes and make its decree 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

- sum

Eng.

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. nó such suit shall be commenced 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 par

a por 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 tltat the justices 22 Hen. 8.c5 of peace in every shire, franchise; city, or borough, or Eng. 4 of them at the least one to be of the quorum) shall have power to inquire and deterinine in general sessions, of annoyances of bridges broker, and to make process and pains upon every presentment before them for reformation 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; hundrel; riding, wapentake, city, town; par sh, 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. theo 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 shires; 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

T 2

lector's

s. 5.

lectors as shall be thought convenient, and to issue process against them, their executors, &c. to compel them to account, or commit them to ward, till they truly account, if they shall refuse so to do. 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 such bridges or any part thereof shall be, shall have power to licar and deterınine 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,l.c.19. be set by the justices. The 1 Ann. st. 1.c. 18. Eng. con

tains some further provisions as to the collecting the assess- 8.3. ments 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 8. 7.

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 4.36+0.3.c.19. 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,

Eng.

[ocr errors]

S. 13.

by

ina

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 Iregrand 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 Geo.3.c.55.

s. 21. Ir. 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. s. 22: for such purpose, an affidavit of 2 persons sworn before u a justice of such county, setting forth the sum required, ing such pros

sentments. 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 pre s. 23. sentment 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 carrieges since the assizes immediately preceding. And by s. 24. no money shall be paid by the treasurer, until s. 2+. 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 s. 75. justice of peace of the county, to order any sum not exo ceeding £5. to be expended in repairing any bridge which may be suddenly damage.], 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. empowers 19 & 20 Geo.3.

c. 41. Ir. 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 tolls agreed on, and,

8.1.–12.–13. after 41 years to redeem such tolls, by presenting on the *** county at large the sum expendled, with interest.

VI. Overseers of the poor were first appointed by the $ 6. 43 Eliz.c. 2. Eng. which enacted (s. 1.) that the church- Overseers of the

wardens proro

« PreviousContinue »