Surveyors, whose business it is to superintend the repair of highways, and to enforce, under the regulations contained in the Acts, that duty of repairing which is imposed by law in the manner already described. These enactments may be advantageously classed under five heads; as they regard, 1st, The appointment and duty of surveyors: 2d, Personal labour, technically called statute duty; and the power to compound in lieu thereof: 3d, The procuration of materials for the repairs: 4th, The power to levy assessments, where the statute duty and composition prove insufficient: and 5th, Certain miscellaneous regulations, as to repair in general, and as to the execution of the several Acts. - I shall notice under their respective heads the decisions which have been made by the Courts relative thereto. I. The Appointment and Duty of Surveyors. Appointment of surveyor, by lists. By the statute 13 Geo. 3. c. 78. s. 1., Upon the 22d day of September in every year, unless that day shall be Sunday, and then on the day following, the constables, headboroughs, tythingmen, churchwardens, surveyors of the highways, and householders (a), being assessed to any parochial or public rate, of every parish, township, or place, shall assemble together at the church or chapel of such parish, township, or place; or if there shall be no church or chapel, then at the usual place of public meetings for such parish, township, or place, at the hour of eleven in the forenoon: And the major part of them, so assembled, shall make a list (b) of the names of at least ten persons living within such respective parishes, town (a) See Form of Warrant, Appendix, No. IV. ships, or places, who each of them have an estate in lands, tenements, or hereditaments, lying within such respective parish, township, or place, in their own right or in the right of their wives, of the value of £10 by the year; or a personal estate of the value of £100; or are occupiers or tenants of houses, lands, tenements, or hereditaments of the value of £30: And if there shall not be ten persons having such qualifications as aforesaid, then they shall insert in such list the names of so many of such persons as are so qualified, as above required, together with the names of so many of the most sufficient and able inhabitants of such parish, township, or place, not so qualified, as shall make up the number of ten, if so many can be found; if not, so many as shall be there resident, to serve the office of surveyor of the highways:-And the constable, headborough, or tythingman of such parish, township, or place, shall within three days after such meeting transmit a duplicate of such list to one of the justices of the peace within the limit of the county, riding, division, hundred, city, corporation, precinct, or liberty, where such parish, township, or place shall be, living in or near the same ; and shall also return and deliver the original list, made and agreed upon at such meeting, to the justices of the peace at their Special Sessions to be held for the highways within that limit in the week next after the Michaelmas General Quarter Sessions in every year; and shall also, within three days after making the said list, give personal notices to, or cause notices in writing(a) to be left at the places of abode of the several persons contained in such list, informing them of their being so named, to the intent that they may severally appear before the justices at the said Special Sessions, to accept such office, if they shall be appointed thereto, or to shew cause, if they have any, against their being appointed:-And the said justices are hereby authorized and required to hold such Special Sessions at such convenient place or places within their respective limits, as they in their discretion shall judge proper; and to give notice (a) of the time and place where they intend to hold the same, to the constables, headboroughs, or tythingmen of every such parish, township, or place, at least ten days before the holding of the said Session :-And the said justices then and there, from the said lists, according to their discretion, and the largeness of the parish, township, or place respectively, by warrant (b) under their hands and seals, shall appoint one, two, or more of such persons as aforesaid, if he or they shall, in the opinion of such justices, be qualified for the office of surveyor; if not, one, two, or more of the other substantial inhabitants or occupiers of lands, tenements, woods, tithes, or hereditaments within such parish, township, or place, living within three miles thereof, and within the same county, fit and proper to serve the office of surveyor of the highways for such parish, township, or place, if any such can be found; which appointment shall, by the constables, headboroughs, or tythingmen aforesaid, be notified to every person so appointed by the said justices, within three days after such appointment, by serving him with the said warrant, or by leaving the same, or a true copy thereof, at his house or usual place of abode :-And every person so appointed, if he accepts the said office, shall be surveyor of the highways for the said parish, township, or place, for the year ensuing, and shall take upon him and duly execute the office aforesaid; And the said justices shall (a) See Appendix, No. IV. ships, or places, who each of them have an estate in lands, tenements, or hereditaments, lying within such respective parish, township, or place, in their own right or in the right of their wives, of the value of £10 by the year; or a personal estate of the value of £100; or are occupiers or tenants of houses, lands, tenements, or hereditaments of the value of £30: And if there shall not be ten persons having such qualifications as aforesaid, then they shall insert in such list the names of so many of such persons as are so qualified, as above required, together with the names of so many of the most sufficient and able inhabitants of such parish, township, or place, not so qualified, as shall make up the number of ten, if so many can be found; if not, so many as shall be there resident, to serve the office of surveyor of the highways:-And the constable, headborough, or tythingman of such parish, township, or place, shall within three days after such meeting transmit a duplicate of such list to one of the justices of the peace within the limit of the county, riding, division, hundred, city, corporation, precinct, or liberty, where such parish, township, or place shall be, living in or near the same ; and shall also return and deliver the original list, made and agreed upon at such meeting, to the justices of the peace at their Special Sessions to be held for the highways within that limit in the week next after the Michaelmas General Quarter Sessions in every year; and shall also, within three days after making the said list, give personal notices to, or cause notices in writing(a) to be left at the places of abode of the several persons contained in such list, informing them of their being so named, to the intent that they may severally appear before the justices at the said Special Sessions, to accept such office, if they shall be appointed thereto, or to shew cause, if they have any, against their being appointed:-And the said justices are hereby authorized and required to hold such Special Sessions at such convenient place or places within their respective limits, as they in their discretion shall judge proper; and to give notice (a) of the time and place where they intend to hold the same, to the constables, headboroughs, or tythingmen of every such parish, township, or place, at least ten days before the holding of the said Session :-And the said justices then and there, from the said lists, according to their discretion, and the largeness of the parish, township, or place respectively, by warrant (b) under their hands and seals, shall appoint one, two, or more of such persons as aforesaid, if he or they shall, in the opinion of such justices, be qualified for the office of surveyor; if not, one, two, or more of the other substantial inhabitants or occupiers of lands, tenements, woods, tithes, or hereditaments within such parish, township, or place, living within three miles thereof, and within the same county, fit and proper to serve the office of surveyor of the highways for such parish, township, or place, if any such can be found; which appointment shall, by the constables, headboroughs, or tythingmen aforesaid, be notified to every person so appointed by the said justices, within three days after such appointment, by serving him with the said warrant, or by leaving the same, or a true copy thereof, at his house or usual place of abode :-And every person so appointed, if he accepts the said office, shall be surveyor of the highways for the said parish, township, or place, for the year ensuing, and shall take upon him and duly execute the office aforesaid; And the said justices shall |