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Highway Act 1835

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This is the original version (as it was originally enacted).

LXIIHighway repaired by Party, ratione tenurae, &c. may be made a Parish Highway.

And be it further enacted, That any Body Politic or Corporate, or any Person, liable to repair any Highway by reason of Tenure of any Lands, or otherwise howsoever, or the Surveyor of the Parish in which the said Highway is situate, may, if he or either Party shall think proper, having first obtained the Consent of the Inhabitants in Vestry assembled, apply to any Justice for the Purpose of making the said Highway a Parish Highway, and to be repaired by the Surveyor of the said Parish ; and the said Justice is hereby authorized and required to issue his Summons, requiring the said Surveyor, or the Party so liable to repair the said Highway as aforesaid, to appear before the Justices at the next Special Sessions for the Highways, and if both Parties appear such Justices may then proceed to determine the Matter; but in case the Surveyor or Party summoned shall not appear on such first Summons, or appearing shall require further Time, such Justices shall adjourn the further Consideration of the Matter to the next Special Sessions for the Highways, of which the said Surveyor or Party not appearing shall have Notice, on which Day the Justices so assembled at such Special Sessions shall proceed to hear the Parties and their Witnesses, and, whether the Surveyor or Party summoned do or do not appear, shall proceed to examine and determine the Matter; and in case they decide that the said Highway shall become a Parish Highway, and be thereafter repaired by the Surveyor of the said Parish, they shall, by an Order under their Hands, fix the Proportion of the Expences of repairing the said Highway to be annually paid by such Body Politic or Corporate or Person as aforesaid to the Surveyor of the said Parish; and the Order of the said Justices shall be binding on the Surveyor and the said Parish, and the said Body Politic or Corporate or Person as aforesaid, their Heirs, Successors, and Assigns : Provided nevertheless, that the said Justices, instead of fixing the Proportion of the Expences of repairing the said Highway to be annually paid as aforesaid, may, by an Order under their Hands, fix a certain Sum to be paid by such Body Politic or Corporate or Person as aforesaid to the Surveyor of the said Parish in full Discharge of all Claims thereafter in respect of the Repairs of such Highway; and in default of Payment of such last-mentioned Sum or of such annual Sum as aforesaid the said Surveyor may proceed for the Recovery thereof in the same Manner as any Penalties and Forfeitures are recoverable under this Act: Provided always, that when the Sum so fixed to be paid in full Discharge of all Claims thereafter in respect of the Repair of such Highways shall exceed the Sum of One hundred Pounds, the said Sum when received shall be vested, in the Name of the Minister, Churchwardens, and Surveyors of the Highways of the Parish within which such Highway shall be situate, in some Public Government Securities, and the Interest and Dividends from Time to Time arising or accruing therefrom shall be applied towards the Repairs of the Highways within the said Parish : Provided also, that when the Sum so fixed to be paid in full Discharge of all Claims as aforesaid shall not exceed the Sum of One hundred Pounds, the said last-mentioned Sum, or any Part thereof, on the Application by and with the Consent of the Inhabitants of the Parish in Vestry assembled, and of the Justices in Special Sessions assembled, shall and may be paid to the Surveyor of the said Parish, to be applied towards the Repair of the Highways within the said Parish.

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