Highway Act 1835

XI Power to Justices in certain Cases to appoint a Surveyor.

And be it further enacted, That in case it shall appear on Oath to the Justice's at a Special Sessions for the Highways that the Inhabitants of any Parish have neglected or refused to nominate and elect a Surveyor or Surveyors in manner and for the Purposes aforesaid, or that the outgoing Surveyor, except he had been directed by the Inhabitants so to do, has delivered no Statement of the Name and Residence of his or their Successor or Successors, or that the Surveyor is dead, or has ceased to possess the Qualification, or is or has become disqualified in any Manner herein mentioned, or that he has neglected to act, or refused to carry into operation the Duties imposed upon him by this Act, 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 for the Highways to dismiss such Surveyor so neglecting to act or refusing to carry into operation the Duties imposed upon him by this Act, and to appoint any Person whom they may think fit to be a Surveyor for such Parish til the Annual Meeting then next ensuing for the Nomination of Overseers or for the Election of Surveyors as aforesaid, and. with or without such Salary, as to the said Justices shall seem fit and proper; and the said Surveyor, when so appointed, shall be invested with the same Powers, and be subject to the same Duties, Forfeitures, and; Penalties as any Surveyor elected by the Inhabitants of any Parish as aforesaid would have been.