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 directed by the said recited Act (a) and this Act; and the statute work shall be ordered and adjudged by the justices, and enforced and required or compounded for, in the same way as if the said lists had been made and delivered by the surveyor of the highways under the provisions and authorities of the said recited Act and this Act. Power to justices to transfer the statute labour from turnpike roads to other highways. --By Stat. 3 Geo. 4. c. 126. s. 109, After reciting that there are or may be turnpike roads in such a state and condition with regard to their repairs and the revenues arising upon them, that the statute duty required to be performed upon the same may be in the whole or in part dispensed with, and employed more advantageously for the benefit of the other public highways within the parish, township, or place liable to the performance of such duty;-It is enacted, that it shall be lawful for the justices of the peace at any Special Sessions, upon application to them made by the surveyor of the highways, or by any two inhabitants of any parish, township or place, to summon before them the clerk and surveyor of any turnpike road, within such parish, township, or place alleged to be in the situation before described, and then and there to produce before them a state of the revenues and debts of such turnpike road, and for such justices to inquire into the state and condition of the repairs thereof, and also of the repairs of such other highways:-And if it shall appear to the said justices, upon full and clear evidence that the whole or any part of such statute duty may be conveniently dispensed with from such turnpike road, without endangering the securities for the monies advanced upon the credit of the tolls thereof, and that such statute duty is wanted for the repairs of the other highways within such parish, township, or place, then and in that case it shall be lawful for the said justices to order (a) the whole or part of such statute duty to be performed upon the highways, not being turnpike, within such parish, township, or place, under the direction of the surveyor thereof, during such time as to them shall seem reasonable; and the same shall be performed accordingly. Power to trustees to compound for statute duty. By Stat. 3 Geo. 4. c. 126. s. 105, It shall be lawful for the trustees of every turnpike road to compound and agree with any person, bodies politic or corporate, for the repairs of statute work to be by him, her, or them done on any such turnpike road, and also with the surveyor or surveyors of the highways for any of the parishes, hamlets, or places in which the said road doth or shall lie and be situate, for a certain sum of money, by the year or otherwise, as the said trustees shall think reasonable, in lieu of the whole or any part of the statute work or other work to be by all or any of the said inhabitants and occupiers done on the said road; and all such compositionmoney shall be applied for the purposes of such turnpike road :-And every such surveyor of the highways, who shall pay any such composition-money, shall be reimbursed the same, in like manner as surveyors of the highways are by the laws in being to be reimbursed the money by them laid out and expended in buying materials for the repairing of any other highway or highways. (a) See Form of the Order and Certificate thereof, Appendix, Nos. And by Stat. 4 Geo. 4. c. 95. s. 82, All compositionmoney in lieu of statute duty shall be paid by the person or persons compounding to the treasurer of the trustees, at such time or times and in such manner, as shall be agreed upon at the entering into such composition. II. Repair by Prescription, &c. Lands liable to repair of turnpike roads to continue so.-By Stat. 7 & 8 Geo. 4. c. 24. s. 17, It is enacted, That where any part or parts of any turnpike road, or any bridges, arches, drains, or sewers lying in and upon such road, have been accustomed or ought to be repaired and maintained by any particular person, body politic or corporate, by reason of the tenure of any lands, tenements, or hereditaments, or otherwise, or by any county or any parish, or where any composition has been entered into or made in lieu thereof, all and every such part or parts of such road, and all such bridges, arches, drains, and sewers, shall from time to time be maintained and kept in repair by such person, body politic and corporate, county or parish, or such composition shall be paid, in such manner as the same were respectively maintained and kept in repair, or paid, before the passing the said recited Acts (a), or of any local Act for making or maintaining any turnpike road. Power to trustees to contract with persons liable by prescription.-By Stat. 3 Geo. 4. c. 126. s. 106, It shall be lawful for the trustees of any turnpike roads to contract and agree (b) with any person or persons liable to (a) 3 Geo. 4. c. 126.-and 4 Geo. 4. c. 95. |