Imatges de pàgina
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order of the justices in some given proportion, as
one-half, third, or fourth part thereof; and the sur-
veyor shall, in that case, at a public vestry for the
parish, &c. put the names of all the persons liable by
this act (13 Geo. 3. c. 74.) to send such teams, into
one hat or box, and the names of all the persons
liable to perform such statute labour into another
hat or box, and some inhabitant then present shall
draw out such number from each as shall be equal to
the proportion so ordered by the said justices, and
the persons drawn shall perform such duty in kind
for that year; and if any
such order shall be made
or continued in the subsequent year the same me-
thod shall be observed, but the names drawn in the
preceding year shall not be put into such hat or box;
and in every succeeding year such method and regu-
lation shall be observed, by the surveyor, as to
render the duty so required to be performed in kind
as equal amongst the several persons liable thereto
as may be, which order of the justices, so far as the
same shall be extended, shall supersede the power
or liberty of compounding, and shall be binding and
effectual, and shall continue in force until discharged
or varied by the justices at some subsequent special
sessions for the highways to be held in the week
next after Michaelmas quarter sessions. Ibid.

sition for persons

501.; above

progressively.

1760. All persons who are liable under any of the Rate of compoprovisions of 13 Geo. 3. c. 78., 34 Geo. 3. c.74, and occupying under 44 Geo. 3. c. 52, to contribute to the repair of the 501. and under highways by a payment of money in lieu of statute 1001.; and so on duty, shall contribute thereto in lieu of every day's statute duty, for every twenty shillings of the actual annual value at the time of making the said assessment of the lands, tenements, woods, tithes, and hereditaments which such persons shall respectively occupy in the parish, &c. where they reside, or in any other parish, &c. a sum equal to one-fiftieth part of the sum fixed by the justices, at the time and in the manner by this act directed, as the composition for one day's labour of a cart, wain, or carriage, furnished with three horses and two able men, omitting any fractional part of the said sum which does not

Persons keeping

carriages, though

the amount of

501., liable to

composition.

amount to one farthing; and all persons occupying more than fifty pounds per annum in the parish, township, or place wherein they reside, or in any other parish, township, or place, and less than one hundred pounds per annum, shall contribute to the repairs of the highways in lieu of every day's statute duty, for every twenty shillings of the actual annual value at the time of making the said assessment of the lands, tenements, woods, tithes, and hereditaments which such persons shall respectively occupy over and beyond the said sum of fifty pounds per annum, and under one hundred pounds, a sum equal to one-fiftieth part of the sum fixed by the said justices, at the time and in the manner by this act directed, as the composition for one day's labour of a cart, wain, or carriage, furnished with three horses and two able men, omitting any fractional part of the said sum which does not amount to one farthing; and so on progressively for every twenty shillings of the actual annual value of the lands, tenements, woods, tithes, and hereditaments which they shall respectively occupy over and beyond every additional fifty pounds per annum; and the said sum or sums shall be paid in the same manner and within the same period, and subject to the same regulations and provisions, as are now by law established for enforcing the payment of composition in lieu of statute duty. 54 Geo. 3. c. 109. s. 5.

1761. Every person who shall keep a coach, postnot occupying to chaise, chair, or other wheel carriage, and not keep a team, draught, or plough, nor occupy 50l. per annum in the parish, township, or place where he resides, shall pay to the surveyor or surveyors, in respect of every day's statute duty, for every horse which he or she shall use in drawing such carriage, such a sum as the justices shall, at the time and in the manner by this act directed, fix as the composition for one day's work of a horse; or shall, at the option of the surveyor or surveyors, pay in lieu of every day's statute duty, for every 20s. of the actual annual value of the lands, tenements, woods, tithes, and hereditaments, which he or she shall respectively

Occupy, a sum equal to one-fiftieth part of the sum fixed by the justices, at the time and in the manner by this act directed, as the composition for one day's labour of a cart, wain, or carriage, furnished with three horses and two able men, omitting any fractional part of the said sum which does not amount to one farthing and the said sum or sums shall be paid in the same manner, within the same period, and subject to the same regulations and provisions, as are now by law established for enforcing the payment of compositions in lieu of statute duty. 54 Geo. 3. c. 109. s. 6.

:

&c. tion where a per&c. son maintains his team partly from his lands in another

gate the composi

parish.

1762. If any person who shall keep a team, Justices may mitidraught, or plough, and shall not occupy lands, to the value of 30l. per annum in the parish, where he resides, but shall in part maintain horses and beasts of draught used in such team upon or from lands which he shall occupy in one or more adjacent parish or parishes, the justices at special sessions may mitigate and reduce the duty or composition required to be performed or paid by such person, in such manner and to such services as they shall think just and reasonable. 13 Geo. 3.

c. 78. s. 40.

notice of the time

1763. The surveyor shall on some Sunday in No- Surveyors to give vember in every year, cause ten days' notice at and place for least to be given in the church or chapel of the compositions. parish, &c., and if there is no church or chapel, or no service performed therein, then at some public place there, and repeat the like notice in such church or chapel or public place on the next subsequent Sunday, of the time and place when and where the persons inclined to compound for the said duty, may signify to the surveyor their intention to compound, and all persons signifying the same, who shall then or within the space of one calendar month after, pay the composition, shall be discharged from the performance of statute duty. No composition shall be permitted, unless the same shall be paid at the day or within the time aforesaid. 13 Geo. 3. c. 78. S. 41.

Persons changing their occupations.

Surveyor re

ceiving more

required, to

return it.

1764. But where the occupation shall be changed, or a new occupant or inhabitant shall come to reside after the time appointed for the composition, such occupant or person coming to reside may be allowed to compound as aforesaid, provided they pay the composition money within fourteen days after they shall enter upon the premises. And every tenant or occupier, who intends to quit the possession within six calendar months from the time fixed for the composition may compound for half the duty, and the succeeding tenant or occupier may compound or perform the duty in kind for the other half. Ibid. s. 41.

1765. If the surveyor shall receive from any percomposition than son a composition for more duty than shall be required from the other inhabitants and occupiers within the parish, &c. for the same year, he shall repay such extraordinary composition money to such person, so as to bring the duty to an equality amongst all the inhabitants and occupiers. Ibid.

Keeping a

draught or plough

1766. Where a person shall keep a draught or and no carriage. plough, and no carriage, he shall pay to the surveyor 1s. for every horse or pair of oxen or neat cattle used in such draught or plough for each day's duty, or pay according to the rate aforesaid for the yearly value of the estate which he occupies as aforesaid, at the option of the surveyor. Ibid.

Where there are

proportion of the

paid to the turnpike surveyor.

S. 42.

1767. And whereas, by several acts of parliament turnpike roads, a concerning turnpike roads, a certain part of the duty composition to be called statute duty is directed to be performed on such roads, and it may happen in such places, that the several persons liable thereto may have compounded for the same, in such case the surveyor of the parish, township, or place where such composition shall have been made, shall pay to the turnpike treasurer or surveyor a proportionable part of the composition money so received, according to the number of days' duty which such persons were liable to perform on such turnpike road; which money shall be laid out on such part of the said turnpike

road as lies within the parish, township, or place from which it was received, and not elsewhere. And if such surveyor of the highways shall refuse or neglect to pay to the turnpike treasurer or surveyor such part of the said composition money so received by him, within 20 days after he shall have received the same, on demand thereof made by such treasurer or surveyor, it shall be levied on his goods and chattels, in like manner as penalties and forfeitures are to be levied by this act. 13 Geo. 3. c. 78. s. 44,

Working.

order what roads

first.

1768. The justices at any special sessions held The justices may under this act may, by writing under their hands shall be repaired and seals, order those highways (not being turnpike) which in their opinion do most want repair to be first mended, and at what time and in what manner; according to which order (if such there be) the surveyors shall proceed within their respective liberties. If the justices make no such order, then the surveyors shall have the like power of direction. 13 Geo. 3. c. 78. s. 25.

Inhabitants may

fix three months

within the year in

which no statuteduty shall be performed. ap

1769. In order to prevent as much as possible any inconvenience to persons liable to perform statuteduty, the inhabitants of every parish, &c., at a vestry or other public meeting under this act, to point three months in every year within which no statute duty shall be performed; viz. one month in the spring to be called the seed month; one month in the summer for the hay harvest; and one month in the summer for the corn harvest: Provided, that notice in writing be given of the times so appointed to the surveyor of such parish, &c., and also the surveyor of every turnpike road lying within the same, within three days after such meeting, and fourteen days at least before the beginning of each of such months. Ibid. s. 43.

1770. Every surveyor shall give, or cause to be left at the house, or usual place of abode, of every

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