Highways, etc. Act 1691

XIII. Fines of 5 Eliz. c. 13. to be paid to the Surveyor and not returned into the Exchequer.

If Fine unduly laid Complaint to Special Sessions, and Proceedings thereon.

And whereas in pursuance of the Statute made in the Fifth yeare of the Reigne of the late Queen Elizabeth many Parishes and Places are oftentimes presented upon the knowledge and view of a Justice of Peace or otherwise for not repairing and amending their Highways and the Fines imposed and sett on such p[re]sentments and other Fines and Issues for not repaireing and amending the Highways are returned into the Court of Exchequer or other Courts and such Fines and Issues against such Parishes for not amending their Highways are levied on some particular Inhabitants of such Parishes or Places and there being no provision made for the makeing of a Rate to reimburse such particular Inhabitants Be it therefore further enacted by the authority aforesaid 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 Surveyors of such Parish or Place to be applyed towards the repaire and amendment of such Highway And that if any Fine Penalty or Forfeiture imposed on any Parish or Place for not repaireing the Highways shall hereafter be levied on any one or more of the Inhabitants of such Parish or Place that then such Inhabitant or Inhabitants shall make his or their Complaint to the Justics of the Peace at their Special Sessions and the said Justics or any Two of them are hereby impowered and authorized by Warrant under their Hands and Seales to cause a Rate to be made according to the forme and manner aforesaid for the reimbursing such Inhabitant or Inhabitants the moneys so levied on him or them as aforesaid which Rate so made and confirmed by two Justics as aforesaid shall be collected & levied by the Surveyor or Surveyors of the Highways of such Parish or Place so presented [X1 or] indicted as aforesaid and the said Surveyor or Surveyors shall within one month next after the makeing and confirmeing the Rate aforesaid pay unto the Inhabitant or Inhabitants such money so levied on him or them as aforesaid.

Editorial Information

X1 interlined on the Roll.