Highways, etc. Act 1691

II. Parishioners annually to make a List of sufficient Persons upon 26th of December.

List to be returned to two or more Justices on 3d January, &c.; Justices to hold a Special Sessions, where they shall nominate one or more to be Surveyors of the Highways.; Constable to serve the Nomination.; From thenceforth such Nominees to be Surveyors.; Nominee refusing, &c.; Penalty, £5.; Justices may appoint other Persons.; such other Persons refusing, Penalty, £5.; Constables &c. not returning a List; Penalty, 20.

And be it further enacted by the Authority aforesaid That from henceforth upon the Six and twentieth day of December in every yeare unlesse that Day shall be Sonday and then on the Seven and twentieth the Constables Headboroughs Tythingmen Churchwardens Surveyor or Surveyors of the Highways and Inhabitants in every Parish shall assemble together and the major part of them as are so assembled shall make a list of the Names of a competent number of the Inhabitants in their Parish who have an Estate in Lands Tenements or Hereditaments in their owne right or their Wives of the value of Ten pounds by the yeare or a personal Estate of the value of One hundred pounds or are Occupiers or Tenants of Houses Lands Tenements or Hereditaments of the yearely value of Thirty pounds if any such there be Or if there be no such persons in the Parish then the said List to be of the most sufficient Inhabitants of such Parish and shall returne such List unto two or more of the Justices of the Peace in or neare the Division of the County in which their Parish lies att a Speciall Sessions to be held for that purpose within the said Division on the Third day of January next following unlesse it shall happen on a Sunday and then to be the Fourth of the same Month or within Fifteen days after For which purpose the said Justices are hereby authorized and required to hold a Special Sessions att some place within that Division where the Parish lies and to give notice of the time and place where they intend to hold the same to the Constables Headboroughs Tythingmen Churchwardens and Surveyors of the Highways of every Parish within the said Division att least Ten days before the holding of the said Sessions And the said Justices shall then and there out of the said Lists according to their discrecion and the largenesse of the Parish by Warrant under their Hands and Seales nominate and appoint one two or more as they shall think fitt and approve of being of like sufficiency as aforesaid to be Surveyor or Surveyors of the Highways of every Parish within the Division or for any Helmet Precinct Liberty Tything or Town of and in the same Division for the yeare ensuing Which nomination and appointment shall by the Constables Headboroughs Tythingmen or Surveyors of the Highways for the time being or some of them be notified to the person or persons so nominated chosen and appointed by the said Justices within Six days after such nomination by serving him or them with the said Warrant or Warrants or by leaving the same or a true copy thereof att his or their Houses or usual places of abode And from thenceforth the person or persons so nominated and appointed shall be Surveyor or Surveyors of the Highways for the Parish Towne Village Hamlet Precinct or Tything for which he shall have been so nominated chosen and appointed for the yeare ensueing and shall take upon him and them respectively and duely execute the said Office according to the Laws and Statutes heretofore made for the enlargeing amending or repaireing of Highways and also this present Act And if the said persons so nominated and served with the said Warrant shall refuse or neglect so to do he or they so refuseing and neglecting shall forfeit the Sum of five pounds to be levied on his or their Goods and Chattels by Distresse and Sale of the same by Warrant under the Hand and Seale of two or more Justices of the Peace of the same Division or in default thereof any neighbouring Justices of the Peace for the said County which Warrant the said Justices are hereby impowered and required to make upon Information of any one credible Witnesse upon Oath the one Moiety of which said Forfeiture shall go to him that shall informe and the other Moiety for and towards the Repair of the Highways of the same Parish rendring the Overplus if any be to the Partie or Parties whose Goods shall be distrained the Charges of the Distresse and Sale being first deducted And in case of such neglect or refusal as aforesaid the said Justices are hereby impowered to nominate and appoint some other fit person or persons to performe the said Office who upon like notice of such nomination and appointment shall take upon him or them and duely execute the said Office and if he or they neglect or refuse so to do shall forfeit the like Sum of five pounds to be levied and disposed of as aforesaid And if the Constables Headboroughs Tythingmen Churchwardens and Surveyor or Surveyors of the Highways of any Parish Towne Liberty or Precinct or some of them shall not returne the said List of Names in such manner as in this Act is directed every of them so neglecting shall forfeit the Sum of twenty shillings to be levied in the manner and imployed to the Uses aforesaid.