Highways, etc. Act 1691

VII. Surveyor to present the State of the Highways to a Justice every Four Months.

Penalty.; Defaults published in the Church, and if not amended within 30 Days, Surveyor shall repair them, and be repaid by the Person who ought to repair.; How Surveyor to recover his Disbursements.

And be it further Enacted by the authority aforesaid That every Surveyor of the Highways appointed as in and by this Act is directed shall within fourteen days next after his first acceptance of the said Office and so from time to time every foure months dureing his being Surveyor take a view of all the Roads Common Highways Water-Courses Bridges Cawseys and Pavements within the Parish Towne Village Hamlet Precinct or Tything for which he is appointed Surveyor that are to be repaired by the said Parish Towne Village Hamlet Precinct or Tything and shall make a Presentment upon Oath in what state and condition he finds the same respectively to some Justice of the Peace of the same Division if then resident there otherwise to some neighbouring Justice of the Peace for the said County and in default thereof shall incur the Penalty aforesaid as if he or they had refused or neglected to accept and execute the said Office unlesse he shall have some reasonable excuse for omitting the same to be allowed by two Justices of the Peace of the same Division of the County or in default thereof by the Two neighbouring Justices And what defaults or annoyances they shall find in any of the said Highways Cawseys Bridges Ditches Hedges Trees Watercourses Dreyns or Gutters next adjoyning to the same they shall from time to time the next Sunday immediately after Sermon ended give publick Notice of the same in the Parish Church and if the same shall not be removed repaired and amended within thirty days after such Notice given that then the said Surveyor or Surveyors of the said Highways shall within thirty days remove repaire and amend the same and dispose of the same annoyances to and for the repair of the said Highways and the said Surveyor and Surveyors shall be reimbursed what Charges and Expences they shall be att in so doing by the parties who should have done the same And in case the said parties shall upon demand refuse or neglect to pay the said Surveyors their said charges then the said Surveyors shall apply him or themselves to any Justice of the Peace within the Division of the County wherein such Highway is and in default thereof to any [X1 neighbouring] Justice for the said County and upon his or there making Oath before such Justice of the Notice to the Defaulter in manner aforesaid which Oath the said Justice is impowered and required to administer that then the said Surveyors shall be repaid all such their charges as shall be allowed to be reasonable by the said Justice to be levied in manner aforesaid.

Editorial Information

X1 interlined on the Roll.