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BIL L

[AS AMENDED ON RE-COMMITMENT]

To consolidate and amend the Laws relating to
Highways in that part of Great Britain called
England.

[The Clauses marked (A. to E.) and the Schedule No. 33, were
added by the Committee; and the Clauses numbered (1 to 4) on
the Re-commitment.]

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Preamble.

Repeal of

DEREAS it is expedient to amend the Laws relating to Highways in that part of Great Britain called England, and 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 of an Act passed in the twenty-second year of the reign of King HENRY the Eighth, as relates to the Repair of parts of Highways distant 10 from the ends of Bridges by the space of three hundred feet; and also, 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,

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22 H. 8. c. 5.

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18 Geo. 2. 33.

Except, &c.

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 24 Geo. 8. the Second, intituled, "An Act for the more effectual preservation of Except, &c. the Turnpike Roads in that part of Great Britain called England,

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c. 48.

So Geo. 2. c. 22.

Except, &c.

13 Geo. 3. c. 78.

34 Geo. S. c. 6+.

34 Geo. 3. c. 74.

42 Geo. 3.
c. 90. § 174.

44 Geo. S. c. 52.

54 Geo. 3. c. 109.

55 Geo. 3.

c. 68.

"and for the disposition of Penalties given by Acts of Parliament

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relating to the Highways in that part of Great Britain called England, 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 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 Weekly Bills of Mortality, and for other purposes in this Act mentioned," 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 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 High"" ways of this Kingdom as are to be repaired by two Parishes;" and 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 25 "Provisions in an Act of the thirteenth year of his present Majesty's

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reign, respecting the public Highways within that part of Great "Britain called England, which relates to the performance of Statute 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 30 "amending the Laws relating to the Militia in England, and for aug"menting the Militia," as relates to the exemption of any Serjeant, Corporal, Drummer or Private of the Militia from performing Highway Duty, commonly called Statute Duty; and also, an Act passed in the forty-fourth year of the reign of King GEORGE the Third, intituled, 35 "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 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

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preservation of the public Highways within England, and for other purposes;" and also, an Act passed in the fifty-fifth year of the reign 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

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"Notice of Appeal against turning or diverting a public Highway, and "to extend the Provisions of the same Act to the stopping up of

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unnecessary Roads ;" shall be and the same are hereby Repealed.

Provided always, and be it Enacted, That nothing herein contained Not to revive repealed Acts. 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 them, but such Acts shall be and continue repealed in such and the like inanner as if this Act had not been made.

Provided always, and be it further Enacted, That nothing herein 10 contained shall extend or be deemed or construed to interfere with any Contracts or Agreements heretofore made under the authority of any 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 15 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 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 20 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 under this Act, in the same manner to all intents and purposes as if this Act had not been passed.

Provided always, and be it further Enacted, That the Surveyor 25 appointed under the authority of any of the said recited Acts, shall continue and act, and shall have the same powers, authorities, and be subject to the discharge of the same duty, as the Waywardens to be appointed under the authority of this Act, until such appointment shall have been made.

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Proviso for Penalties inRecovery of curre

curred for Offences

against Acts repealed.

CLAUSE (No. 1.)

Present Surcontinue until Waywardens appointed.

veyors to

Waywarden annually on

to be elected

the 25th March.

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, or within Fourteen days thereafter, the Churchwardens shall give notice to such of the Inhabitants of every parish or part of any parish maintaining its own Highways as contribute to the Highway Rates, to 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 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 be given by the Chairman to the Persons elected and to the outgoing Waywarden.

elected.

Qualification

of Wayward

ens.

Manner of filling up Vacancy in case of Death, &c. of Waywarden.

Penalty on Waywarden not acting

when chosen.

Inhabitants
may appoint
Assistant-
Waywarden,

And be it further Enacted, That any Person living within the parish, or within Five Miles thereof, and having an estate in houses, lands, tenements or hereditaments lying within such parish, in his own right or in right of his wife, of the value of Ten Pounds by the year, or a personal estate of the value of One hundred Pounds by the year, (such Person not living within the parish being willing to serve the office) or being an occupier or tenant of houses, lands, tenements or hereditaments (whether resident within the parish or within Five Miles thereof) of the yearly value of Twenty Pounds, shall be eligible to be elected a Waywarden for the purposes of this Act.

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And be it further Enacted, That in case any Waywarden shall die, or shall cease to possess the qualification herein mentioned, or shall neglect to act, such neglect being proved to the satisfaction of any Two Justices, or in case of any casual Vacancy happening in any way whatsoever, so that the number of Waywardens shall be inconveniently 15 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 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 20 affixed on the principal outer door of the Parish Church situate within such parish Seven Days previous to the day appointed for holding such 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.

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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 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 30 Justices good and sufficient cause why he should not be called upon to serve the said office.

And be it further Enacted, That it shall be lawful for the Inhabitants of any parish in Vestry assembled, whenever it shall appear to them to with a Salary. be conducive to the improvement of the management of the Highways 35 of the said parish, from time to time to nominate, elect and appoint any discreet person, willing to accept the office of Assistant-Waywarden, wheresoever resident, to be Assistant-Waywarden of such 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 40 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

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agreed upon between the Inhabitants in Vestry and the Person so nominated and elected.

any

And be it further Enacted, That the Assistant-Waywarden, if Assistant Waywarden such shall be nominated elected and appointed as aforesaid, shall justly to account. 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 time by the Inhabitants in Vestry assembled.

Accounts, to give to Jus tices List of succeeding Waywarden.

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 kept by the Clerk to the said 15 Justices, and the Fee payable to the said Clerk for filing such List shall be the sum of One Shilling.

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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 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.

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 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 penalty is hereby imposed, he shall be summoned before Two Justices,

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