It shall be lawful for the company of proprietors, or the trustee or trustees for the proprietors of any canal, or of any railway or tram-road, on which any flint, gravel, stone, or other materials for the repair of any turnpike road shall or may be conveyed, and they are hereby authorized and empowered to lessen and reduce the tolls and rates imposed by any Act of Parliament, by which any such company shall be appointed, or any other Act whatsoever, on the carriage of such flint, gravel, stone, or other materials, carried on the said canal or railway, and to appoint such lower tolls and rates to be taken for the carriage and conveyance of the same, as the said company or trustees shall think proper; and all such reduced tolls shall and may be collected, taken, and recovered by the same persons and means, and by and under the same powers, provisions, penalties, and forfeitures as the original tolls might have been taken in case the same should not have been reduced; any Act or Acts of Parliament, bye-law, or ordinance, or trust deed, to the contrary notwithstanding. : THIRDLY: As to the repair by statute labour:-And by prescription. I. Statute labour and composition for the same. Regulations as to statute labour. -By Stat. 4 Geo. 4. c. 95. s. 80, All persons who by law are or shall be liable to do statute work, or are or shall be chargeable towards the repairing and amending any turnpike road, shall be and remain liable thereto, in like manner in every respect as they now are, or have heretofore been:-And it shall be lawful for any two or more justices of the peace in and at such time or times as the said justices shall direct : And every person who shall neglect or refuse to do such statute work as aforesaid, after notice in writing given to or left for him, her, or them at his, her, or their last, or usual place of abode or places of abode for that purpose, by any surveyor to the said trustees, shall, for every day of his, her, or their default, or the default of any labourer or labourers, team or teams, draught or draughts, horse or horses, beast or beasts, to be provided by him, her, or them, be subject and liable to such fines, penalties, and forfeitures as such person or persons may be subject or liable by any law or statute now in force or effect for repair of the public highways:-And if any person who shall come to work as a labourer, or shall be sent with any team or draught to work on any part of such road, shall be found idle or negligent by any surveyor to the said trustees, such surveyor is hereby empowered to remove and dismiss the person who shall be found idle or negligent as aforesaid; and in that case every such person shall be subject and liable to the respective forfeitures and payments as aforesaid, as if he had neglected or refused to come, or such team or draught had not been sent to work on any part of such road:-All which forfeitures shall be paid to the treasurer to the said trustees, and applied towards amending the said road:-And in case the surveyor or surveyors for the highways for any of the said parishes, hamlets, or places, shall refuse or wilfully neglect to give in any such lists as aforesaid, or shall knowingly or wilfully give in false and imperfect lists, or shall refuse or neglect to collect or pay over such composition-money, or any part thereof, in manner aforesaid, every such surveyor so offending shall, for every such offence, forfeit and pay any sum not exceeding £10; and such surveyor or surveyors of the highways, by distress and sale of his or their goods and chattels, by warrant under the hands and seals of any two justices of the peace for the county, city, or place where any such road shall lie or be situate. Where no highway surveyor shall be appointed, how lists of persons liable to statute duty shall be made out.By Section 81, Where any turnpike road shall pass through any parish, township, or place, liable to the repair of the roads within the same, but for which no surveyor of the highways shall be appointed, then and in every such case the churchwardens and overseers of the poor of such parishes, townships, and places respectively, and in cases where neither surveyor, churchwardens, or overseers of the poor shall be appointed, then such other inhabitant or inhabitants of such parish, township, or place, as shall be thereto required by an order in writing made by the justices, on application to them by the trustees of the turnpike road, or by their clerk or surveyor, and respectively delivered to such churchwardens or overseers, or inhabitant or inhabitants, or left at his or their last or usual place of abode, shall deliver or cause to be delivered within ten days afterwards to the said turnpike surveyor, or to his place of abode, true and perfect lists in writing of the names of the several persons who within such parish, township, or place, are by law subject and liable to do statute work for that year, or to the payment of any money in lieu of or as a composition for such statute work, distinguishing the nature of the work to be done, whether with teams or draughts, or otherwise, and also the amount of the respective sums to be paid; which and for the county, city, or place in which any such turnpike road shall lie or be situate, and they are hereby required and empowered upon application made to them by any three or more of the trustees of such turnpike road, or by their clerk or surveyor, yearly to adjudge and determine what part or proportion of the statute work shall every year be done upon such road by the inhabitants of the respective parishes, hamlets, and places, in or through which the said road doth or shall lie, lead, or pass, and also what proportion of the money received by the surveyor or surveyors of the highways of every such parish, hamlet, or place, in lieu of or as a composition for such statute work as aforesaid (a) shall be by him, her, or them, paid to the said trustees, or their treasurer or treasurers :-And in order thereunto, the surveyor or surveyors of the highways for every such parish, hamlet, or place, shall, on an order in writing (b) made by the said justices, on an application to them by the trustees of the turnpike road, or any three or more of them, or by their clerk or surveyor, and respectively delivered to such surveyor or surveyors of the highways, or left at his or their last or usual place of abode, bring and deliver, within ten days afterwards, to the said turnpike surveyor, or to his place of abode, true and perfect lists in writing (c), of the names of the several persons who, within such parish, hamlet, or place, are by law subject and liable to do statute work for that year, or to the payment of any money in lieu of or as a composition for such statute work, distinguishing the nature of the work to be (a) See ante, p. 137, et seq. as to the regulations with respect to the composition for statute work (b) See Form, Appendix, No. LXXII. (c) See Form, Appendix, No. done, whether with teams, or draughts, or otherwise, and also the amount of the respective sums to be paid; which lists of names shall be made in such manner and under such regulations and restrictions as are or may be directed by any law or statute in force or effect for the repairs of the public highways, and may be made in the form specified in the Schedule to this Act:-And the said turnpike surveyor, having received such lists, shall within fourteen days afterwards give a notice (a) to the surveyor or surveyors of the highways, of the time when such lists will be laid before the said justices, in order to apportion the said statute duty :-And at the time appointed in and by such notice the said lists shall be laid before the said justices by the said turnpike surveyor, in the presence of the said surveyor of the highways (if he shall attend), and out of such lists the said justices shall and may allot, appoint, and order (b) such and so many of the persons, who shall appear to be subject and liable to do statute work in every year upon such road, as the said justices shall think reasonable, and the same shall be done on such days, and at such time (not being hay-time or harvest), and on such parts of the said road, as the said trustees, or their surveyor or surveyors, shall from time to time order, direct, or appoint:-And the said justices shall and may order (b) and direct the surveyor or surveyors of such parishes, hamlets, and places respectively, to pay over to the said trustees, or their treasurer, or other person duly authorized to receive the same, such proportion of the composition-money for statute work as aforesaid, as they the said justices shall think proper, (a) See Form, Appendix, No. LXXIII. |