Page:Ruffhead - The Statutes at Large - vol 5.djvu/280

240 C. 30. Anno quinto Georgii Regis. A. D. 171 5, Nothing herein ^' ^ nc * ^ e *' a ^° f urt h er declared and enacted, That nothing herein contained fhall prejudice or dimi- fliail prejudice™ nifh. the Right of the Church, as the fame now ftands by Law eftablifhed, as to the trying of the Qtiaii- the Rights of ties of any Perfon prefented to any Church or Benefice. the Church ' as to trying the Qualities of Perfons prefented, t. CAP. XXX. An Ad for amending and making more effectual the Laws for repairing the Highways, Bridges and Ferries in that Fart of Great Britain called Scotland. All the Laws made in Scot- land before the Union, for repairing the Highways, Bridges and Ferries, not hereby altered, (liall be put in Execution, except fuch as relate to the ' I. TTTHEREAS there are fome Defects in the Laws already made for the better repairing of High- ' V V ways in that Part of Great Britain called Scotland, fo that they are not effectual for the Pur- 4 pofes they were intended :' Be it therefore enacted by the King's moft Excellent Majefty, by and with the Advice and Confent of the Lords Spiritual and Temporal, and Commons, in this prefent Parliament aflembled, and by the Authority of the fame, That all the Laws and Statutes now in Force, made in that Part of Great Britain called Scotland before the Union of the two Kingdoms, for or concerning the repair- ing Highways, Bridges and Ferries, not hereby alcered or repealed, fhall be duly put in Execution ac- cording to the Tenor of the faid Laws, excepting fuch Aits, or any of them, or any Parts thereof made before the Union, as do relate to or concern the Powers of the Privy Council of Scotland. Powers of the Privy Council. The Juftices of II. And be it enacted by the Authority aforefaid, That the Juftices of Peace and Commiffioners of Sup- Peace and Com- ply f or the Time being, in the feverai Shires and Stewartries in that Part of Great Britain called Scotland^ fhall meet and convene at the refpective Head-boroughs of the faid Shires or Stewartries upon the third Tuefday of May next to come, and thenceforward upon every fuch third Tuefday of May from Year to Year, with Power to them or any five of them, to adjourn themfelves from Time to Time, and to chufe Clerks, Surveyors and Overfeers and all other Officers neceffary for putting the Laws in Execution in re- lation to the Highways., Bridges and Ferries in that Part of the united Kingdom ; and if any Clerk, Sur- veyor or Overfeer, who fhall be appointed or chofen by the Juitices of the Peace and Commiffioners of Supply, or any five of them as aforefaid, fhall refufe to accept of or take upon them any of the Offices aforefaid, every fuch Perfon or Perfons fo refufing fhall be fubject and liable to the Penalty of five Pounds Sterling refpetively. Supply ihaH convene every 3d of May, to chufe Clerks, Surveyors, &c. And every Clerk, &c. fo chofen, and Ter'ufing to accept of the Office, {hall forfeit 5 1. Sterling, The faid Ju- ftices, &c. fhall call the Te- nants, Cottars, ice. to work three Days be- fore the laft cf June, and three Days after Harveft, Tenant, &c. failing to work, lhall pay iSd. for every Day's Failure, unlefs he fend one to v/ork for him. Penalty to be railed by Di- foeh. •Surveyors, &c. to furvey every fix Months the Highways, &c. and give an Ac- count of their Condition,. &c. to the Juitices, &c. III. And be it further enacted by the Authority aforefaid, That the faid Juftices, Commiffioners, or the Officers or Overfeers to be appointed by them, fhall be and they are hereby authorized and required to call and convene the Tenants, Cottars and other labouring Men within their refpective Bounds as afore- faid, to work three Days before the laft Day of June in the Year of our Lord one thoufand feven hundred and nineteen, not being in Seed-time, and likewife to work three Days after Harveft ; and fo yearly and every Year, until the faid Highways, Bridges and Ferries are fufficiently repaired, on fuch Days, and at fuch Places, as the faid Commiffioners or their Officers aforefaid fhall from Time to Time appoint. yearly, till the Highways, &c. are repaired, IV. And be it further enacted by the Authority aforefaid, That every Tenant, Cottar or labouring Man, who fhall fail, neglect or refufe to come to work at the refpertive Times and Places to be appointed as aforefaid, (due Notice being given at the refpective Parifh-Churches where any fuch Perfon or Perfons have their Refidence, upon the Lord's Day immediately preceding) fhall be fubject and liable to pay •eighteen Pence refpectively for every fuch Day's Failure, unlefs fuch Perfon or Perfons fend a fufficient Man or Men to work for him, her or them ; which Penalty or Penalties fhall be raifed and levied by a Warrant under the Hands of any two or more of the faid Juftices of Peace or Commiffioners of Supply, upon a Certificate under the Hand of the Overfeer or other proper Officer, that fuch Perfon or Perfons was or were abfent ; which Juftices or Commiffioners aforefaid are hereby authorized and impowered to caufe their Officers to diftrefs and poynd the readiell Goods of any Perfon or Perfons fo abfent, for the Penalty or Penalties aforefaid, rendring the Overplus (if any bej to the Owner, the neceffary Charges of fuch Diftrefs being deducted. V. And be it enacted by the Authority aforefaid, That the Surveyors and Overfeers of the Highways aforefaid fhall, every fix Months after their Acceptance of their Office, from Time to Time, or fooner if required thereto, by Warrant under the Hands of any two or more of the Juftices of the Peace, fur- vey all the Highways, Bridges and Ferries within the Parifh, Town or Precinct where they are Survey- ors, and give a particular and true Account in Writing of the State and Condition of all fuch Highways, Bridges and Ferries, and more efpecially of fuch Defects or Nufances made, or Encroachments commit- ted upon the faid Highways or any Part thereof, as alfo what Repairs or Amendments the faid Highways do want, to the Juitices of the Peace and Commiffioners of Supply at their fiift Meeting thereafter; that the