Satisfaction

for stone, and damage.

On refusal to

treat, justices to cause value

of stones, and amount of

jury.

persons shall judge necessary for the rebuilding or repairing of such bridges respectively, provided such quarry or quarries shall have been worked within the last three years preceding the time when such bridge shall be about to be rebuilt or repaired; the said surveyor or other person or persons making such satisfaction and recompense for the value of such stone, and also for the damage to be done to such quarry or quarries by the getting and carrying away the same, as shall be agreed upon between him or them and the owner, occupier, or other person interested in such quarry or quarries respectively; and in case they cannot agree, or such owner or occupier or other interested person shall refuse to treat, then and in every such case the justices of the peace at the general or quarter sessions, or damage, to be any two or more of them appointed for that purpose, ascertained by fourteen days' notice having been given to the owner or his agent of the intention to require a jury, shall cause the value of such stones and the amount of such damage to be inquired into and ascertained by a jury of indifferent men of the county, riding, division, city, town, liberty, or precinct wherein the same shall be situated; and to that end shall summon and call before such jury and examine upon oath (which oath any two or more of such justices of the peace is and are hereby empowered to administer) any person or persons whomsoever; and such justices of the peace, or any two of them, shall, by ordering a view or otherwise, use all ways and means for the information of themselves and of such jury in the premises; and when such jury shall have inquired of and ascertained the value of such stones and amount of such damage, the said justices of the peace shall thereupon order that the sum or sums which shall so appear to be the value of such stones and amount of such damage shall be paid; which verdict or inquisition and order shall be filed of record by the clerk of the peace or other officer having the custody of the records of the said county, riding, division, city, town, liberty, or precinct, and shall be final and conclusive to all intents and purposes whatsoever, against all parties and persons whomsoever claiming or to claim in possession, remainder, reversion, or otherwise, their heirs and successors, as well absent as present, infants, lunatics, idiots, and persons under coverture, or any other disability whatsoever, corporations, guardians, committees, husbands, trustees, and attorneys, or any other person or persons whomsoever.

Witnesses before jury examined on oath.

2. And for the summoning and returning such juries, Justices of be it further enacted, that such justices of the peace or peace may require any two of them, may issue their warrant or warrants, to sheriffs or the sheriff or bailiff of any particular county, riding, bailiffs to redivision, city, town, liberty or precinct, within the limits turn juries. of which the quarry or quarries shall be situated, requiring him to impanel, summon and return an indifferent jury of Jury. twenty-four persons qualified to serve on juries to appear before the said justices, or any two of them, at such time and place as in such warrant or warrants shall be appointed; and such sheriff or bailiff is and are hereby required to impanel, summon and return such number of persons accordingly; and out of the persons so empanelled, summoned and returned, or of such of them as shall appear upon such summons, the justices of the peace, or any two of them, shall and they are hereby empowered and required to draw by ballot, and to swear or cause to be sworn, twelve men, who shall be the jury for the purposes aforesaid; and in default of a sufficient number of jurymen so returned, the said sheriff or bailiff shall take such other honest and indifferent men of the bystanders, or that can speedily be procured to attend that service, to make up the number of twelve; and all persons concerned shall have their lawful challenges against any of the said jurymen when they come to be sworn; and the said justices of the Fine on jury peace, or any two of them, shall have power from time to refusing to time to impose a fine or fines on such sheriff or bailiff, or sworn, and on his deputy or deputies, making default in the premises, persons sumand on any of the persons who shall be summoned and moned, refusing to give returned on such jury, and who shall not appear, or, evidence. appearing, shall refuse to be sworn on the said jury, or, being sworn, shall refuse to give or shall not give a verdict, or shall in any other manner wilfully neglect his or their duty therein, and also on any person who, being summoned and required to give evidence before the said jury, shall refuse or neglect to appear, or, appearing, shall refuse to be sworn or to give evidence, so that no such fine be more than ten pounds, nor less than twenty shillings, on any person for one offence.

appear or be

3. In case any jury shall give in and deliver a ver- Expenses of dict for more money as the value of such stones and jury, how defrayed. amount of such damage, than what shall have been offered for the purchase thereof by such surveyor or other person

S.

P

Appeal.

Notice.

or persons as aforesaid, the costs and expenses of summoning and maintaining the jury and witnesses shall be borne and paid out of the rates to be collected within such county respectively; but if such jury shall give in and deliver a verdict for no more or for less money than the money which shall have been so offered by such surveyor or other person or persons as aforesaid, then the costs and expenses of summoning and maintaining the said jury and witnesses shall be borne and paid by the person or persons with whom such controversy or dispute touching the value of such stones and amount of such damage shall arise, and shall be levied by warrant of one of the said justices, by distress and sale of the goods and chattels of the person or persons made liable to the payment thereof.

4. Provided always, that if any person or persons shall or may think himself, herself or themselves aggrieved by anything done or to be done in pursuance of this Act, such person or persons may within the space of three calendar months next after the cause of complaint shall have arisen, appeal to the justices of the peace at any general quarter sessions of the peace to be holden for the limit wherein the cause of complaint shall arise, every such appellant first giving or causing to be given fourteen days' notice at least in writing, of his or her intention to bring such appeal, and of the cause or matters thereof, to the person or persons against whom such complaint shall be made, and within three days next after such notice entering into a recognizance before some justice of the peace acting for the county wherein the cause of complaint shall arise, with two sufficient securities conditioned to try such appeal, and to abide by the order of and pay such costs as shall be awarded by the justices at such session aforesaid, and the said justices at such session, upon due proof of such notice being given as aforesaid, and of the entering determine in a into such recognizance, shall hear and finally determine the cause and matter of every such appeal in a summary way, and make such award to the party appealing or appealed against as the said justices shall think proper; and the determination of such justices so assembled shall be binding and conclusive to all intents and purposes.

Recogni

zance.

Justices to

summary

way.

5. "And whereas it is expedient that the powers contained in an Act passed in the forty-third year of his present Majesty, intituled [recital of titles of 43 Geo. 3,

c. 59, and 12 Geo. 2, c. 29,] should be extended to the bridges as well as to the roads at the end thereof;" be it Justices to further enacted, that from and after the day of passing contract, &c. this Act, it shall and may be lawful to and for the justices for repair, &c. of county of the peace of any county, city, riding, division, town bridges, &c. corporate or liberty, at their general quarter sessions respectively, to contract and agree, or to authorize any other person or persons to contract and agree, with any person or persons, for the maintaining and keeping in repair any county or hundred bridge, and the road over such county or hundred bridge, and so much of the road at the ends thereof as are by law liable to be repaired at the expense of any such county, hundred, city, riding, division, town corporate or liberty, or any part of the same; and the said justices are hereby empowered to order such sum or sums of money as may be contracted for and agreed to be paid for the repairing, amending and supporting such bridges, and the roads over the same, or the ends thereof, to be paid (in cases where the county is liable to the repair thereof) by the treasurer of the county out of the county rate, or (in cases where the hundred is liable to the repair of the same) by the bridge master or other public officer charged with the repair of bridges of the hundred by which such bridge is liable to be repaired, for any term not exceeding seven years, nor less than one, although no presentment of the insufficiency, decay or want of repair of the same shall have been made, and although no public notice shall have been given by the said justices, at their respective general or quarter session, of their intention to contract for the repair of such bridges, or the roads at the ends thereof, as respectively directed by the said Act of the twelfth year of his late Majesty King AdvertiseGeorge the Second: provided nevertheless, that before any ment of insuch contract shall be made, the said justices shall cause notices to be given in some public paper, circulated in such county, city, riding, hundred, division, town corporate or liberty, of their intention to contract.

tention to contract.

Maintenance

of borough bridges.

MUNICIPAL CORPORATIONS ACT, 1882.

(45 & 46 VICT. c. 50.)

An Act for consolidating with Amendments, Enactments relating to Municipal Corporations in England and Wales. [18th August, 1882.]

Borough Bridges.

119.-(1.) Every bridge which is either wholly or in part in a borough and which the borough and not the county wherein the borough is situate is legally bound to maintain or repair shall, as to the whole of the bridge if it is wholly in the borough, or as to such part only as is in the borough, be maintained, altered, widened, repaired, improved, or rebuilt under the sole management and control of the council.

(2.) For that purpose the council shall have all the powers which the justices of a county have with respect to a county bridge, but the notices required in the case of a county bridge shall not be required in the case of a borough bridge.

(3.) All expenses incurred for the purposes of this section shall be paid out of the borough fund or borough rate, or out of money borrowed on the security thereof.

(4.) The council, with the consent of the Treasury, may from time to time borrow on that security such sums as they deem requisite for any of those purposes, and may mortgage the borough fund and borough rate for the purpose of securing the repayment with interest of any sum so borrowed.