Highways Act 1766
|1766 c. 42
(7 Geo. 3) C A P. XLII.
'WHEREAS the several Statutes now in being for the Amendment and Preservation of the Highwaysof this Kingdom are very numerous, and, in some Respects, ineffectual: And whereas the good Purposes thereby intended might be better effected if the said Statutes were entirely repealed, and reduced into one Act;' be it therefore enacted by the King's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and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 from henceforth, upon the twenty-second Day of in every Year, unless that Day shall beSunday , and then on the Day following, the Constables, Headboroughs, Tythingmen, Churchwardens, Surveyor or Surveyors of the Highways, and Householders, being assessed to any Parochial or Publick Rate, of every Parish, Township, or Place, for which Surveyors of the Highways have been usually appointed, shall assemble together at the Church or Chapel of such Parish, Township, or Place; or if there shall be no Church or Chapel, then at the usual Place of publick Meetings for such Parish, Township, or Place, at the Hour of Eleven in the Forenoon; and the major Partof them so assembled, shall make a Lift of the Names of, at least, ten Persons living within such respective Parishes, Townships, or Places, who each of them have an Estate in Lands, Tenements, or Hereditaments, lying within such respective Parish, Township, or Place, in their own Right, or in the Right of their Wives, of the Value of ten Pounds by the Year, or a personal Estate of the Value of one hundred Pounds, or are Occupiers or Tenants of Houses, Lands, Tenements, or Hereditaments, of the yearly Value of thirty Pounds: And if there shall not be ten Persons having such Qualification as aforesaid, then they shall insert in such Lift the Names of so many of such Persons as are so qualified as above required, together with the Names of so many of the most sufficient and able Inhabitants of such Parish, Township, or Place, not so qualified, as shall make up the Number Ten, if so many can be found; if not, so many as shall be there resident, to serve the Office of Surveyor of the Highways: And the Constable, Headborough, or Tythingman, of such Parish, Township, or Place, shall return such Lift unto two or more Justices of the Peace of the County, Riding, Division, City, Corporation, Precinct, or Liberty, in which such Parish, Township, or Place, shall be, at their Special Sessions to be held for that Purpose, on the firstMonday in October next following, or within fifteen Days after, in every Year; and shall also, within three Daysafter the making the said Lift, give Personal Notices to, or cause Notices in Writing to be left at, the Places of Abode of the several Persons contained in such Lift, informing them of their being so named, to the Intent that they may severally appear before the Justices at the said Special Sessions, to accept such Office, if they shall be appointed thereto, or to shew Cause, if they have any, against their being appointed; and the said Justices are hereby authorised and required to hold such Special Sessions at such convenient Place or Places within their respective Jurisdictions, as they in their Discretion shall judge proper; and to give Noticeof the Time and Place where they intend to hold the same, to the Constables, Headboroughs, or Tythingmen, of every such Parish, Township, or Place, at least ten Days before the holding of the said Session; and the said Justices, then and there, from the said Lifts, according to their Discretion, and the Largeness of the Parish, Township, or Place respectively, by Warrant under their Hands and Seals, shall nominate or appoint one, or two, or more of such Persons as aforesaid, to be Surveyor or Surveyors of the Highways of every such Parish, Township, or Place respectively, for the Year ensuing; which Nomination and Appointment shall, by the Constables, Headboroughs, or Tythingmen aforesaid, be notified to the Person or Persons so nominated, chosen, and appointed, by the said Justices, within three Days after such Nomination, by serving him or them with the said Warrant or Warrants, or by leaving the same, or a true Copy thereof, at his or their House or Houses, or usual Place or Places of Abode; and the Person or Persons so nominated and appointed, shall be Surveyor or Surveyors of the Highways for the Parish, Township, or Place, for which he or they shall have been so nominated and appointed, for the Year ensuing, and shall take upon him or them, and duly execute, the Office aforesaid; and the said Justices shall then and there give such of the said Surveyors as shall personally appear before them, a Charge for the better Performanceof their Duty according to the Directions of this Act: And if any of the said Persons so nominated, and served with the said Notice, shall refuse or neglect to appear and accept the said Office, if appointed thereto in Manner aforesaid, at the said Special Session, or shall not, within six Days after being served with such Warrant of Appointment, signify his or their Acceptance thereof, either in Person or by Writing, to one of the said Justices, he or they, so refusing and neglecting, shall forfeit the Sum of five Pounds: Andin case of such Neglect or Refusal as aforesaid, the said Justices, or any two of them, are hereby impowered at the same Sessions, or at any Time afterwards, to nominate and appoint some other fit Person or Persons named in the said Lift, to perform the said Office; who, upon being served with the Warrant for his or their Appointment, in Manner aforesaid, shall, within one Week afterwards, signify to the said Justices, or one of them, either in Person, or by Writing, his or their Acceptance of the said Office; and if he or they neglect or refuse so to do, he or they shall forfeit the like Sum of five Pounds respectively: And in case no such Lift shall be returned, or the Person so nominated and appointed shall not take upon him the said Office, or shall die in the Execution thereof, the said Justices, or any two of them, shall and may nominate and appoint such Person or Persons as he or they shall think proper to execute the same: And if the Constables, Headboroughs, Tythingmen, Churchwardens, Surveyors of the Highway, and such Householders as aforesaid, of any Parish, Township, or Place, shall neglect or refuse to make such Lift as aforesaid; or if the Constables, Headboroughs, or Tythingmen, of any Parish, Township, or Place, or some or one of them, shall not return the said Lift of Names when made, and give such Notice or Notices, and serve such Warrant or Warrants, as in this Act is directed; every of them, so neglecting or refusing in any of the said Cases, shall, for every such Default respectively, forfeit the Sum of forty Shillings.
II Where a Choice shall be made of a Person of Skill and Experience to serve, with a Salary settled for his Trouble, and he be retuned, together with the List, the Justices, if they think proper, may appoint such Person; and allow such Salary; the same to be paid out of the Penalties. &c.
II. Provided always, and be it further enacted, That if two Parts out of three of the Persons so to be assembled in any such Parish, Township, or Place, for the Nomination of Surveyors as aforesaid, shall agree in the Choice of any particular Person of Skill and Experience to serve the said Office of Surveyor for such Parish, Township, or Place, and in the settling of a certain Salary for his Trouble therein, to be allowed as hereafter directed, and shall return the Name of such Person, together with the Lift herein before directed, to the Justices of the Peace at their said Sessions, to be held on the firstMonday in October as aforesaid, or within fifteen Days after; that then, and in every such Case, it shall and may be lawful for the said Justices, if they shall think proper, to appoint such Person to be Surveyor for such Parish, Township, or Place; which Surveyor so appointed shall, in all Respects, have the same Power and Authority, and be liable to the same Penalties and Forfeitures for Neglect of Duty, as if he had been chosen and appointed from the Lift to be returned as aforesaid: And the said Justices shall likewise, in their Discretion, allow such Salary, so settled as aforesaid (such Salary to be paid out of the Penalties, Forfeitures, and Composition-money, to arise by virtue of this Act, within the Year ensuing).
III No Tree or Bush to be allowed to grow or stand within 15 Feet of the Center of the Highway, on Forfeiture of 10 s. by the Owner.
III. And be it further enacted, That no Tree, Bush, or Shrub, shall be permitted to stand or grow in any Highway within the Distance of fifteen Feet from the Center thereof; but the same shall be cut down, grubbed up, and carried away, by the Owner or Owners of the Land or Soil where the same doth or shall stand or grow, within ten Days after Notice to him, her, or them, or his, her, or their Steward or Agent, given, by the said Surveyors, or any of them, on Pain of forfeiting, for every Neglect, the Sum of ten Shillings.
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