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cable, in as full and ample a manner as the justices of any county or of any division thereof (a).

Sessions, &c.-By Statute 13 Geo. 3. c. 78. s. 61, It shall be lawful for any two or more justices of the peace within their respective limits, and they are hereby empowered, from time to time whenever they shall judge proper, to rold any Special Sessions, besides that which is herein before directed, for executing the purposes of this Act; and to adjourn the same from time to time, as they shall think fit; causing notice (b) to be given of the time and place of holding such Special Sessions, and of the adjournment thereof, to the several justices acting and residing within such limits by the high constable or other proper officer within the same.

By Statute 55 Geo. 3. c. 68. s. 6, After reciting, that by an Act passed in the 54th year of his present Majesty, intitled, "An Act to amend an Act of the 13th Year of his present Majesty," it is, among other things, enacted, That two or more justices of the peace, at their Special Sessions to be holden in the week next after Michaelmas, yearly, shall fix such rates as they shall judge reasonable, as a composition in lieu of teams, carts, horses, oxen, or labour; and that certain other matters relative to the highways are directed to be done by justices of the peace, at their Special Sessions to be holden in the week next after the Michaelmas Quarter Sessions, and that the time for holding the Michaelmas Quarter Sessions has been

(a) By 13 Geo. 3. c. 78. s.77, The justices are authorized to administer oaths. And by s. 76, of the same Act, the inhabitants of a parish are allowed to be good

(b) As to the notice requisite, see Chapter V. Section II. Part the First, and Rex v. The Justices of Worcestershire, 2 B. & A.

228.

altered by an Act made in the 54th year of his present Majesty, intitled, "An Act for regulating the Time of holding the Michaelmas Quarter Sessions," (a), it is enacted, That it shall be lawful for the justices of the peace, assembled in their Special Sessions in the week after Michaelmas, to do and perform every act, which they might heretofore legally have done in the Special Sessions directed to be holden in the week after the said Michaelmas General Quarter Sessions of the peace.

Forms of proceedings. - By Stat. 13 Geo. 3. c. 78. s. 69, The forms of proceedings set forth in the Schedule are directed to be used upon all occasions, with such additions or variations only as may be necessary to adapt them to the particular exigencies of the case; and no objection shall be made or advantage taken for want of form in any such proceedings by any person whomsoever.

Under this clause it has been decided, that a material variance from the form prescribed by the Act is fatal, and may be taken advantage of in a collateral proceeding (b).

Exemptions from the operation of the Act. -By Stat. 13 Geo. 3. c. 78. s. 86, Nothing in this Act is to extend to the parish of Saint Mary Matfelon, otherwise Whitechapel, and Saint John of Wapping, in the county of Middlesex, or either of them.

(a) This Act, however, is merely directory; and the Sessions may, notwithstanding, be legally holden at another time. Rex v. The Justices of Leicester, 7 Β. & C. 6.

(b) Davison v. Gill, 1 East, 64.

It may here be noticed, that in the Appendix to this Treatise, those Forms, which are given in the Schedules to the Acts of Parliament, are peculiarly marked as being derived from that source.

And by Section 87, The powers of the Commissioners of Sewers are declared not to be altered by this Act.

We have already seen (a), that the clauses relative to the appointment of surveyors are not to extend to the city of Bristol.

SECTION II.

The Law of Repair, as it regards Turnpike Roads.

It has been already stated, that it is through the application of a new principle, by which highways are converted into turnpike roads. This innovation upon the old law consists principally of the two following points: The suspension of the liability of the parish to the repairs of the road, except by the performance of their statute labour: and the substitution, in lieu of the parish, of a body of trustees or commissioners, who are cloathed with a contracting power, are enabled to levy tolls upon all passengers, and are authorized to raise money upon loan.

Under the simple system of the common law, we have seen, that whenever a highway was out of repair, the inhabitants of the parish were bound, by actual labour thereon, to re-instate it in good order. Under the Highways Acts a ministerial agent is appointed to superintend the management of highways; actual labour is permitted to be compounded for in money; and a power is given to raise funds by assessment, for effecting those repairs or other improvements to which the common law provision may prove inadequate. While by the Turnpike Acts an additional body are appointed, who are made, as it were, the proprietors of the road, but nevertheless upon trust for the public. They are empowered to bargain and sell, and to enter into stipulations-to raise money by mortgage-and, which is the most important of their privileges, they are authorized to levy a tax, the receipts of which are to be applied to the repair and improvement of the roads, which are placed under their management.

By the last Turnpike Act (a), all the powers, authorities, clauses, provisions, penalties, matters, and things contained in the then existing Acts, except such parts thereof respectively as are thereby varied, altered, or repealed, are to extend to this Act; and the same, together with all the powers, authorities, clauses, provisions, penalties, matters, and things contained in this Act, are to extend to every local Turnpike Act, as if the same were repeated and re-enacted in the body of such local Turnpike Act; and the said recited Acts and this Act shall not be recited in any such local Act, except as to such powers, &c. as shall be expressly referred to for the purpose of being altered or repealed,

The above clause has the effect of consolidating the whole of the laws upon this subject into one continuous enactment. They will, therefore, be so treated of in this place. And in the detail of the several provisions contained therein, I shall proceed to consider, Ist, The appointment and qualification of trustees, and the other officers, for the management of turnpike roads;-their

And by Section 87, The powers of the Commissioners of Sewers are declared not to be altered by this Act.

We have already seen (a), that the clauses relative to the appointment of surveyors are not to extend to the city of Bristol.

:

SECTION II.

The Law of Repair, as it regards Turnpike Roads.

It has been already stated, that it is through the application of a new principle, by which highways are converted into turnpike roads. This innovation upon the old law consists principally of the two following points: The suspension of the liability of the parish to the repairs of the road, except by the performance of their statute labour: and the substitution, in lieu of the parish, of a body of trustees or commissioners, who are cloathed with a contracting power, are enabled to levy tolls upon all passengers, and are authorized to raise money upon loan.

Under the simple system of the common law, we have seen, that whenever a highway was out of repair, the inhabitants of the parish were bound, by actual labour thereon, to re-instate it in good order. Under the Highways Acts a ministerial agent is appointed to superintend the management of highways; actual labour is permitted to be compounded for in money; and a power is given to raise funds by assessment, for effecting those repairs or

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