ASSESSMENT OF TOWNS TOWARDS REPAIR. An Act to explain and alter the Act made in the Two- cayed bridges, assess every 2. That for the more easy taxing and collecting of the For collecting money for the repair of decayed bridges, and that the money for same may be duly applied to the purposes for which it is repair of deintended, the justices of the peace within the several limits justices of of their commissions, shall at their general or quarter sessions peace may of the peace, from and after the 1st day of May which shall town, &c. in be in the year of our Lord 1702, have full power and autho- proportion. rity, upon due presentment to them made, that any bridge within their respective commissions or authorities is out of repair, and which by them hath usually or ought to have been repaired and maintained, to assess upon every town, parish, or place within their respective commissions, in proportions upon each respective town and parish as they usually have been assessed, towards the repair of bridges; which money so assessed as aforesaid shall be Assessments, levied and collected by the respective constables of each how to be levied, &c. parish, township, hamlet, or vill, or by such other person or persons, and in such manner as the said justices by their order at such sessions shall in that behalf direct and appoint, and the money thereby raised shall (by such constables or other persons so as aforesaid by them collected) be paid over by them to the high constables of every hundred in any such county, city, riding, or division, in six days after they shall have received the same, and the high constables shall and are hereby required, in ten days after their receipt, to pay the same into the hands of Treasurers to such person and persons as the said justices by their order be appointed, at such session shall direct and appoint to be treasurers and how em S. and monies ployed. receivers of the same, and the money thereby raised shall be employed and accounted for according to the orders and directions of the said justices for and towards the amending of such decayed bridges and the highways at the end of the said bridges, from time to time as need shall require; and the said assessments shall be levied by payment, to be distress and sale of the goods of every person so assessed On non levied by distress. Penalty on constable. Fines, &c. to be paid to the treasurer. not paying the same within ten days after demand, rendering the overplus of the value of the goods so distrained to the owner and owners thereof, the necessary charges of making and selling such distress being first deducted. 3. And to the end that the money which is hereby intended to be assessed and levied may be duly collected, paid, and applied to the several purposes for which it is intended, be it further enacted, that every high constable, churchwarden, overseer of the poor, or petty constable or other person that shall neglect to assess, collect, or pay the money hereby intended to be raised as is herein before directed, shall for every such offence forfeit the sum of forty shillings, and every treasurer that shall pay any money but by order of such justices of the peace at such sessions (which order the said justices are hereby required. and commanded to make only for the building, repairing, or amending such bridges and the highways at the end of such bridges as aforesaid), shall for every such offence forfeit the sum of five pounds. 4. And whereas upon presentments and indictments for not repairing such bridges and the highways at the ends of such bridges, the fines imposed and set upon such presentments and indictments, and other fines and issues for not repairing, building, and amending such bridges and the highways at the end of such bridges, are returned in the Court of Exchequer or other Courts, be it therefore further enacted, that no fine, issue, penalty or forfeiture shall hereafter be returned into the Court of Exchequer or other Court, but shall be levied and paid into the hands of the treasurer or treasurers so as aforesaid appointed by the said justices to be accounted for by the said treasurer, and to be applied by the said justices towards the building, repairing, or amending such bridges and the highways at the end of such bridges, and to no other end or purpose whatsoever. 5. And all matters concerning the repairing and amend- Matters coning of the bridges and highways hereinbefore mentioned cerning repair of bridges, &c. shall be determined in the county where they lie, and not where to be elsewhere; and that no presentment or indictment for not determined. repairing such bridges or the highways at the end of such bridges, shall be removed by certiorari out of the said county into any other Court. the pound, 6. And the said justices of the peace at such general Justices may quarter sessions as aforesaid shall have full power and allow 3d. in authority to allow such persons concerned in the execution &c. of this present Act any sum not exceeding threepence in the pound. 7. [Costs of successful defendant.-Repealed by the Public Authorities Protection Act, 1893.] 8. Provided always, that this Act nor anything therein Persons and contained shall excuse or discharge any particular persons, things estates, or places from repairing any bridge which they have heretofore usually repaired. exempted. 9. That all the penalties and forfeitures incurred by Penalties, this Act shall be applied towards the repairing the said how to be bridges and highways at the ends of the same. applied. CONTRACTS FOR REPAIR. (12 GEO. 2, c. 29.) An Act for the more easy assessing, collecting, and levying of County Rates. [A.D. 1739.] persons for 14. That when any public bridges, ramparts, banks or Justices may cops, or other works, are to be repaired at the expense of contract with any county, city, riding, hundred, division, liberty or town repair of corporate, it shall and may be lawful to and for the justices bridges, &c. of the peace, at their general or quarter sessions respectively, or the greater part of them then and there assembled, if they think proper and convenient, after presentment to be made as aforesaid of the want of reparation notice. of such bridges, ramparts, banks, or cops, to contract and agree with any person or persons for rebuilding, repairing, and amending of such bridges, ramparts, banks or cops as shall be within their respective counties, cities, ridings, hundreds, divisions, liberties, or towns corporate, and all other works which are to be repaired and done by assessment on the respective counties, cities, ridings, hundreds, divisions, liberties, or towns corporate for any term or terms of years not exceeding seven years, at a certain annual sum, payment or allowance for the same; such contractor or contractors giving sufficient security for the due performance thereof to the respective clerk of the peace for the time being, or the town clerk, high bailiff or chief officer of any city, town corporate or liberty, and that such justices, at their respective general or quarter sessions, shall Upon public give public notice of their intention of contracting with any person or persons for rebuilding, repairing, and amending the bridges, ramparts, banks or cops, and other works aforesaid; and that such contracts shall be made at the most reasonable price or prices which shall be proposed by such contractors respectively; and that all contracts when agreed to, and all orders relating thereto, shall be entered in a book to be kept by the respective clerk of the peace for the time being, or the town clerk, high bailiff or chief officer of any city, town corporate or liberty for that purpose, who is and are hereby required to keep them amongst the records of such county, city, town corporate or liberty, to be from time to time inspected at all seasonable times by any of the said justices within the limits of their commissions, and by any person or persons employed or to be employed by any parish, township or place contributing to the purposes of this Act, without fee or reward. PURCHASE OF LANDS. (14 GEO. 2, c. 33.) An Act to supply some Defects in the Laws for re- sessions may 1. [Recital that it may happen that pieces of ground adjoining county bridges may be of great service in enlarging or more commodiously rebuilding or repairing the same, and that no power is given by the laws in being to purchase any such pieces of land, &c.]. The justices of the peace of any county, city, riding, Justices at liberty or division, at their general sessions or general quarter quarter sessions assembled, or the major part of them, purchase shall have power and are hereby authorized to purchase of lands to build or agree or contract with any person or persons, bodies county bridges. politic or corporate, for any piece or parcel of land adjoining or near to any county bridge within the limits of their respective commissions, for the more commodious. enlarging or convenient rebuilding the same; which pieces or parcels of land shall not exceed one acre in the whole for any such bridge, and shall from time to time be paid for by the respective county treasurers, out of any moneys raised or to be raised by virtue of an Act made, &c. [12 Geo. 2, c. 29], such treasurers being thereunto authorized by orders under the hands and seals of the respective justices of the peace, at their general sessions or general quarter sessions, or the major part of them, which lands so purchased shall be conveyed to such person or persons as the said justices of the peace, at their general sessions or general quarter sessions, or the major part of them, shall respectively appoint, in trust and for the uses and purposes of enlarging or rebuilding such bridges respectively. |