include any Lords Justices or other Chief Governor or Governors of Ireland for the Time being; and the WordCounty" shall extend to and include any Riding, or County of a City, or County of a Town or City, and County; and every Word importing the Singular Number shall extend and be applied to several Persons or Things as well as to one Person or Thing; and every Word importing the Masculine Gender shall extend and be applied to a Female as well as to a Male; save and except where, in the Use of any such Expression as aforesaid, the Nature of the Provision or the Context shall exclude such Construction. Act. XVII. And be it enacted, That this Act shall continue and be Duration of in force for Five Years from and after the passing thereof, and no longer; and may be altered or repealed during this present Session of Parliament. CAP. XLIX. An Act for continuing, until the First Day of June One 6 WHEREAS it is expedient that the several Acts for making, amending, and repairing the Turnpike Roads in Great 'Britain which will expire on the First Day of June One thousand eight hundred and thirty-six, or with the next Session of Parliament, should be continued for a limited Time:' Be it therefore enacted by the King's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, That all and every Act and Acts of Parliament Continuation for making, amending, and repairing any Turnpike Roads in Great of Acts. Britain which will expire on the First Day of June One thousand eight hundred and thirty-six, or with the next Session of Parliament, shall be and the same is and are hereby continued until the First Day of June One thousand eight hundred and thirty-seven, or if Parliament shall then be sitting until the End of the then Session of Parliament. CAP. L. An Act to consolidate and amend the Laws relating to Highways in that Part of Great Britain called England, and to consolidate the same in One Act, and to make other Provisions respecting Highways:' Be it therefore enacted by the King's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, That so much of an Act passed in the Sixth Year of the Reign of Repeal of King George the First, intituled An Act for preventing the Carriage 6 G. 1. c. 6. in part, except as of to London; 18 G. 2. c. 33. except as to London; 24 G. 2. c. 43. as to London; 30 G. 2. c. 22. except as to London; of excessive Loads of Meal, Malt, Bricks, and Coals within Ten Miles of the Cities of London and Westminster, as relates to the Carriage of Bricks, except so far as the same relates to the City of London; and also an Act passed in the Eighteenth Year of the Reign of King George the Second, intituled An Act to repeal a Clause made in the Third Year of the Reign of King William and Queen Mary, relating to Carts used by Persons inhabiting within the Limits of the Weekly Bills of Mortality, and to allow such Carts to be drawn with Three Horses, and to prevent the Misbehaviour of the Drivers of Carts in Streets within the said Limits, except so far as the same relates to the City of London; and also so much of an Act passed in the Twenty-fourth Year of the Reign of King George the Second, intituled An Act for the more effectual Preservation of in part, except the Turnpike Roads in that Part of Great Britain called England, and for the Disposition of Penalties given by Acts of Parliament relating to the Highways in that Part of Great Britain called England, and for enforcing the Recovery thereof; and for the more effectual preventing the Mischiefs occasioned by the Drivers riding upon Carts, Drays, Carrs, and Waggons in the City of London and within Ten Miles thereof, as relates to the preventing Mischief occasioned by the Drivers riding upon Carts, Drays, Carrs, and Waggons in the City of London or within Ten Miles thereof, except so far as the same relates to the City of London; and also an Act passed in the Thirtieth Year of the Reign of King George the Second, intituled An Act to explain and amend an Act made in the Eighteenth Year of His present Majesty's Reign, to prevent the Misbehaviour of the Drivers of Carts in the Streets in London, Westminster, and the Limits of the Weekly Bills of Mortality, and for other Purposes in this Act mentioned, except so far as the same relates to the City of London; and also an Act passed in the Thirteenth Year of the Reign of King George the Third, intituled An Act to explain, amend, and reduce into One Act of Parliament the Statutes now in being for the Amendment and Preservation of the public Highways within that Part of Great Britain called England, and for other Purposes; and also an Act passed in the Thirty-fourth Year of the Reign of King George the Third, intituled An Act for the more effectually repairing of such Parts of the Highways of this Kingdom as are to be repaired by Two Parishes; and also an Act passed in the same Thirty-fourth Year of the Reign of George the Third, intituled An Act for varying some of the Provisions in an Act of the Thirteenth Year of His present Majesty's Reign, respecting the public Highways within that Part of Great Britain called England, which relate to the Performance of Statute Duty; and also so much of an Act passed in the Forty-second Year of the Reign of King George the Third, intituled An Act for amending the Laws relating to the Militia in England, and for augmenting the Militia, as relates to the Exemption of any Serjeant, Corporal, Drummer, or Private of the Militia from performing Highway Duty, commonly called Statute Duty; and also an Act passed in the Fortyfourth Year of the Reign of King George the Third, intituled An Act to alter and amend so much of an Act passed in the Thirtyfourth Year of His present Majesty as relates to the Amount of the Sums to be paid by Persons compounding for the Performance of Statute Duty; and also an Act passed in the Fifty-fourth Year of 13 G. 3. c. 78. 34 G. 3. c. 64. 34 G. 3. c. 74. Part of 42 G. 3. c. 90. 44 G. 3. c. 52. the the Reign of King George the Third, intituled An Act to amend an 54 G.3. c. 109. repealed Acts. As to the Penalties in- II. Provided always, and be it enacted, That nothing herein Not to revive contained shall extend or be construed to extend so as to revive or give any Force or Effect to any Act repealed by the said recited Acts or any of them, but such Acts shall be and continue repealed in such and the like Manner as if this Act had not been made. III. Provided always, and be it further enacted, That nothing herein contained shall extend or be deemed or construed to interfere with any Acts done or Contracts or Agreements heretofore made under the Authority of any of the said recited Acts, or to Offences against extend to prevent the suing for or Recovery of any Penalty in- Acts repealed. curred by any Offence committed against the Provisions of the said recited Acts or any of them previous to the Repeal of the said Acts in and by this Act, or to prevent or defeat any Prosecution commenced or to be brought for such Offence; but all Penalties and Forfeitures incurred may be sued for and recovered, and all Contracts and Agreements may be enforced, and all Encroachments, Nuisances, and other Offences made or committed previous to the Repeal of the said Acts, against the Provisions of the said Acts or any of them, may be abated or prosecuted by the Surveyor appointed under this Act, in the same Manner to all Intents and Purposes as if this Act had not been passed. Present Sur- tinue until a IV. Provided always, and be it further enacted, That the Surveyor appointed under the Authority of any of the said recited Acts shall continue to act, and shall have the same Powers, Authorities, and be subject to the Discharge of the same Duty, and be pointed. liable to the same Penalties, as the Surveyor to be appointed under the Authority of this Act, until such Appointment shall have been made. V. And be it further enacted, That in the Construction of this Interpretation Act the Word "Surveyor" shall be understood to mean Surveyor Clause. of the Highways, or Waywarden; the Word "Parish" shall be construed to include Parish, Township, Tithing, Rape, Vill, Wapentake, Division, City, Borough, Liberty, Market Town, Franchise, Hamlet, Precinct, Chapelry, or any other Place or District maintaining its own Highways; and wherever any thing in this Act is prescribed to be done by the Inhabitants of any Parish in Vestry assembled, the same shall be construed to extend to any Meeting of Inhabitants contributing to the Highway Rates in Places where there shall be no Vestry Meeting, provided the same Notice shall have been given of the said Meeting as would be required by Law for the assembling of a Meeting in Vestry; and that the Word Highways" shall be understood to mean all Roads, Bridges (not Surveyor to be elected annually. May be reelected. Qualification of being County Bridges), Carriageways, Cartways, Horseways, Bridle- VI. And be it further enacted, That the Inhabitants of every Parish maintaining its own Highways, at their First Meeting in Vestry for the Nomination of Overseers of the Poor in every Year shall proceed to the Election of One or more Persons to serve the Office of Surveyor in the said Parish for the Year then next ensuing: Provided always, that any outgoing Surveyor shall continue to act until his Successor shall be appointed, and shall be reeligible, and may be re-elected, and shall in such Case continue to act and remain in Office, any thing herein contained to the contrary notwithstanding; and in such Case Notice of such Election shall be given by the Chairman to the Person elected and to the outgoing Surveyor: Provided always, that in any Parish where there is no Meeting in the Year for the Nomination of Overseers of the Poor, the Inhabitants contributing to the Highway Rate shall meet at their usual Place of public Meeting upon the Twentyfifth Day of March, or if that should happen to be a Sunday or Good Friday, then on the Day next following, or within Fourteen Days next after the said Twenty-fifth Day of March in every Year, to elect One or more Persons to serve the Office of Surveyor for the said Parish; which Surveyor shall repair and keep in repair the several Highways in the said Parish for which he is appointed, and which are now or hereafter may become liable to be repaired by the said Parish. VII. And be it further enacted, That any Person living within the Parish or any adjoining Parish, and having an Estate in Houses, Lands, Tenements, or Hereditaments lying within such Parish, in his own Right or in Right of his Wife, of the Value of Ten Pounds by the Year, or a Personal Estate of the Value of One hundred Pounds (such Person not living within the Parish being willing to serve the Office), or being an Occupier or Tenant of Houses, Lands, Tenements, or Hereditaments (whether resident within the Parish or within any adjoining Parish) of the yearly Value of Twenty Pounds, shall be eligible to be elected a Surveyor for the Purposes of this Act: Provided nevertheless, that no Person who is now exempted by Law from serving the Office of Overseer of the Poor shall be compellable to serve the Office of Surveyor: Provided also, that any Person who may be chosen and elected to serve the said Office of Surveyor may provide a sufficient Deputy, such Deputy to be approved of by the Justices at a Special Sessions for the Highways, who shall by Writing under their Hands testify their Consent thereto. VIII. And be it further enacted, That if any Person who shall be so chosen and elected, and who is not exempt as aforesaid from serving the said Office, shall refuse or neglect to take upon himself the Office of Surveyor, or to provide a sufficient Deputy, to be approved of as aforesaid, he shall forfeit, on Conviction before any Two Justices, any Sum not exceeding Twenty Pounds, unless he can show to the said Justices good and sufficient Cause why he should not be called upon to serve the said Office: Provided also, that every Deputy so provided and approved of shall have the same Powers and Authorities, and be subject to the Discharge of the same Duty, and be liable to the same Penalties as any Surveyor appointed under the Authority of this Act. IX. And be it further enacted, That, instead of electing such Surveyor as herein-before mentioned, it shall be lawful for the Majority of the Inhabitants so assembled as aforesaid in any Parish for the Election of Surveyors as aforesaid to nominate and elect any One Person of Skill and Experience to serve the said Office of Surveyor of such Parish, and to fix such Salary for the Execution of such Office as they shall think fit; which said Appointment shall be in Writing on Paper without Stamp, and signed by the Chairman of such Meeting; and such Surveyor, when so appointed, shall be invested with the same Powers, and subject to the same Duties, Forfeitures, and Penalties, as any Surveyor appointed under the Authority of this Act would have been; and such Salary shall be paid out of the Money raised under the Authority of this Act, at such Times and in such Manner as shall have been agreed upon between the Inhabitants so assembled as aforesaid and the Person so nominated and elected as aforesaid: Provided nevertheless, that if such Surveyor shall cease to act, and be dismissed in the Manner herein-after described, such Salary shall also in like Manner cease and determine. X. And be it further enacted, That the Surveyor or Surveyors, at the Time of passing his or their Accounts as herein mentioned, shall deliver to the Justices a Statement in Writing of the Name and Residence of the Person appointed to succeed him or them as Surveyor or Surveyors. appear on XI. And be it further enacted, That in case it shall Oath to the Justices 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 |
