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the same in his hands, and account for them in his next account, if he shall be continued surveyor of such parish, township, or place, in the succeeding year:-And it shall be lawful for the succeeding surveyor, and he is hereby authorized and required to recover, collect, and receive all such sums of money which shall be due and owing as aforesaid, by all such ways and means, as fully and effectually to all intents and purposes, as the preceding surveyor could, might, or ought to have recovered, collected, or received the same :-And in case such surveyor shall neglect to provide such book or books, or to enter such respective accounts and lists therein, or to deliver the said book or books and such duplicate thereof, and such assessments, tools, materials, implements, and other things, in manner aforesaid, he shall for every such offence forfeit any sum, not exceeding £5 nor less than 40s. (a); And in case he shall make default in the paying or accounting for the money so remaining in his hands, within the time and according to the directions aforesaid, he shall forfeit double the value of the money, which shall be adjudged by the said justices to be in his hands:-And in case any such surveyor shall die before such respective lists and accounts shall be made out, or such monies, books, assessments, tools, materials, and implements, shall be so delivered and paid, the executors or administrators of such surveyor shall make out, pay, and deliver the same, in like manner, and under the like penalty, as such surveyor is hereby required and made subject and liable to:And every surveyor shall pay to the justices' clerks, for the appointment and charge one shilling, for the bond sixpence, and for the account so to be examined and taken and for the oath so to be administered one shilling, perly granted, and that the order of the Petty Sessions for the allowance of the accounts must be quashed."

If the accounts are submitted to the single justice, but so defectively that he is not enabled to form a judgment as to their correctness, it is, of course, little better than not placing them before him at all, and any order made upon such a proceeding by the Petty Sessions, must, according to the principle in the last case, be invalid.

Therefore, where the surveyor exhibited the accounts before one magistrate, but did not take the assessments with him, for which reason the magistrate, being of opinion that it would be impracticable to investigate the accounts without having the assessments laid before him, desired the surveyor to attend with all the necessary documents at the Petty Sessions. The surveyor attended there, and the accounts were examined and allowed by the justices. The order of the Petty Sessions was, however, quashed by the Court of K. B.; and Abbott, C. J. in delivering judgment, said, "The statute certainly requires that the accounts shall be exhibited before one justice, in such a manner as may enable him to exercise his judgment upon them." (a)

General penalty on surveyor. -By Section 50, of Stat. 13 Geo. 3. c. 78, If any surveyor of the highways, after his acceptance of the said office, shall neglect his duty in any thing required of him by this Act, for which no particular penalty is imposed, he shall forfeit for every such offence any sum, not exceeding £5 nor less than 10s., at

(a) Rex v. The Justices of the North Riding of Yorkshire, 6 B. &

the discretion of the justice or justices having jurisdiction therein.

Not to have an interest in contracts. We shall see (a), that by the 49th Section, any surveyor having a share in contracts without licence, shall forfeit for every offence the sum of £10, and be for ever after incapable of being employed as a surveyor with a salary under the authority of this Act.

II. Statute Duty; and the power to compound
in lieu thereof.

By the simple provisions of the common law it appears, that the inhabitants of the parish were to use their endeavours for the repair of the highways; that is, personal labour, and the contribution of materials and implements of labour, were the only charge upon the occupiers of lands in the parish. To render such a burthen equal upon all, and effective as to the object in view, would be a work of some nicety, and therefore required the intervention of the Legislature. And for this purpose the following enactments have been made.

Proportions of statute labour.-By 34th Geo. 3. c. 74. s. 4. The said surveyor to be appointed by the said Act (b), together with the inhabitants and occupiers of lands, tenements, woods, tithes, and hereditaments within each parish, township, or place, shall, at proper seasons in every year, use their endeavours for the repair of the highways, and shall be chargeable thereunto as followeth: (that is to say) Every person keeping a waggon, cart, wain, plough, or tumbrel, and three or more horses or perly granted, and that the order of the Petty Sessions for the allowance of the accounts must be quashed."

If the accounts are submitted to the single justice, but so defectively that he is not enabled to form a judgment as to their correctness, it is, of course, little better than not placing them before him at all, and any order made upon such a proceeding by the Petty Sessions, must, according to the principle in the last case, be invalid.

Therefore, where the surveyor exhibited the accounts before one magistrate, but did not take the assessments with him, for which reason the magistrate, being of opinion that it would be impracticable to investigate the accounts without having the assessments laid before him, desired the surveyor to attend with all the necessary documents at the Petty Sessions. The surveyor attended there, and the accounts were examined and allowed by the justices. The order of the Petty Sessions was, however, quashed by the Court of K. B.; and Abbott, C. J. in delivering judgment, said, "The statute certainly requires that the accounts shall be exhibited before one justice, in such a manner as may enable him to exercise his judgment upon them." (a)

General penalty on surveyor. -By Section 50, of Stat. 13 Geo. 3. c. 78, If any surveyor of the highways, after his acceptance of the said office, shall neglect his duty in any thing required of him by this Act, for which no particular penalty is imposed, he shall forfeit for every such offence any sum, not exceeding £5 nor less than 10s., at

(a) Rex v. The Justices of the North Riding of Yorkshire, 6 B. &

the discretion of the justice or justices having jurisdiction

therein.

Not to have an interest in contracts. We shall see (a), that by the 49th Section, any surveyor having a share in contracts without licence, shall forfeit for every offence the sum of £10, and be for ever after incapable of being employed as a surveyor with a salary under the authority of this Act.

II. Statute Duty; and the power to compound
in lieu thereof.

By the simple provisions of the common law it appears, that the inhabitants of the parish were to use their endeavours for the repair of the highways; that is, personal labour, and the contribution of materials and implements of labour, were the only charge upon the occupiers of lands in the parish. To render such a burthen equal upon all, and effective as to the object in view, would be a work of some nicety, and therefore required the intervention of the Legislature. And for this purpose the following enactments have been made.

Proportions of statute labour.-By 34th Geo. 3. c. 74. s. 4. The said surveyor to be appointed by the said Act (b), together with the inhabitants and occupiers of lands, tenements, woods, tithes, and hereditaments within each parish, township, or place, shall, at proper seasons in every year, use their endeavours for the repair of the highways, and shall be chargeable thereunto as followeth: (that is to say) Every person keeping a waggon, cart, wain, plough, or tumbrel, and three or more horses or

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