« PreviousContinue »
inconveniency, or want of reparation of their bridges, Bridges. gaols, prisons, or houses of correction. (See 52 Geo. 3, c. 110.)
XIV. And be it further enacted by the authority afore- Justices to said, that from and after the first day of June, 1739, when contract with perany public bridges, ramparts, banks, or cops, or other sons for works, are to be repaired at the expense of any county, public recity, riding, hundred, division, liberty, or town corporate; pairs; it shall and may be lawful to and for the justices of the peace, at their general or quarter sessions respectively, or the greater part of them then and there assembled, if they think proper and convenient, after presentment to be made as aforesaid of the want of reparation of such bridges, ramparts, banks, or cops, to contract and agree with any person or persons for rebuilding, repairing, and amending of such bridges, ramparts, banks, or cops, as shall be within their respective counties, cities, ridings, hundreds, divisions, liberties, or towns corporate, and all other works which are to be repaired and done by assessment on the respective counties, cities, ridings, hundreds, divisions, liberties, or towns corporate, for any term, or term of years, not exceeding seven years, at a certain annual sum, payment, or allowance for the same; such contractor or contractors giving sufficient security for the due performance thereof, to the respective clerk of the peace for the time being, or the town clerk, high bailiff, or chief officer of any county, town corporate, or liberty; and that such jus- upon public tices, at their respective general or quarter sessions, shall notice. give public notice of their intention of contracting with any person or persons for rebuilding, repairing, and amending the bridges, ramparts, banks, or cops, and other works aforesaid; and that such contracts shall be made at the most reasonable price or prices, which shall be proposed by such contractors respectively; and that all contracts, when agreed to, and all orders relating thereto, shall be entered in a book, to be kept by the respective clerk of the peace for the time being, or the town clerk, high bailiff, or chief officer of any city, town corporate, or liberty, for that purpose, who is and are hereby required to keep them amongst the records of such county, city, town corporate, or liberty, to be from time to time inspected at all seasonable times, by any of the said justices within the limits of their commissions; and by any person or persons employed, or to be employed, by any parish, township, or place, contributing to the purposes of this act, without fee or reward. (See 52 Geo. 3, c. 110.)
14 Geo. 2, c. 33.
Whereas it does and may happen, that when county Preamble, bridges are to be rebuilt or repaired, a piece or parcel of reciting the
act 13 G. 2. c. 24.
purchase lands to build county bridges.
Bridges. ground thereto adjoining may be of great use or service, either for enlarging such bridges, or more commodiously rebuilding them; and whereas there is no power given by the laws in being, for the rebuilding or repairing of county bridges, to the justices of the peace, to purchase any such pieces or parcels of ground Therefore, for the better repairing and rebuilding county bridges, be it enacted, &c., that from and after the 24th day of their quarter June, 1741, the justices of the peace of any county, city, sessions may riding, liberty, or division, at their general sessions, or general quarter sessions assembled, or the major part of them, shall have power, and are hereby authorized, to purchase of, or agree or contract with, any person or persons, bodies politic or corporate, for any piece or parcel of land adjoining or near to any county bridge within the limits of their respective commissions, for the more commodiously enlarging or conveniently rebuilding the same; which pieces or parcels of land shall not exceed one acre in the whole, for any such bridge, and shall from time to time be paid for by the respective county treasurers, out of any monies raised, or to be raised, by virtue of an act made in the twelfth year of the reign of his present majesty, intituled "An Act for the more easy Assessing, Collecting, and Levying of County Rates;" such treasurers being thereunto authorized, by orders under the hands and seals of the respective justices of the peace, at their general sessions, or general quarter sessions, or the major part of them; which lands, so purchased, shall be conveyed to such person or persons as the said justices of the peace at their general sessions, or general quarter sessions, or the major part of them, shall respectively appoint, in trust, and for the uses and purposes of enlarging or rebuilding such bridges respectively.
Note. It was considered that this act impliedly enabled the magistrates to alter the position of bridges: R. v.Justices of Glamorgansh. 5 T. R. 283.
But, where bridges are in decay, that power is expressly given them by the following statute.
43 Geo. 3, c. 59.
I. Whereas the inhabitants of counties in that part of the united kingdom called England, are by law bound to repair, support, and maintain the public bridges, commonly called county bridges, within such counties respectively, and the roads at each of the ends thereof for limited distances; but the laws empowering them so to do are insufficient and defective; and whereas doubts have arisen how far the said inhabitants are liable to improve such bridges, when they are not sufficiently commodious for the public: Surveyors for remedy thereof, be it enacted, &c., that it shall be lawcounty ful to and for the surveyor of bridges and other public
3, c. 78.
works, in each and every county respectively, within that Bridges. part of the united kingdom called England, appointed, or to be appointed, by the justices at any general quarter sesempowered sions of the peace to be holden for such county, and the to get mate. said surveyor is hereby authorized and empowered, to rials for the search for, take, and carry away, gravel, stone, sand, and repair of other materials, for the repair of such bridges and roads at bridges, in the ends thereof, as the inhabitants of counties are bound manner as to repair, and to remove obstructions and annoyances from surveyors of such bridges and roads, in such and the same manner as highways the surveyor or surveyors of any common highway within der 13 G. this kingdom is or are by an act, &c. (13 Geo. 3, c. 78,) authorized to do; and the several powers and authorities thereby vested in the surveyor or surveyors of highways, as well for the getting of materials, as the preventing and removing of all nuisances and annoyances from such bridges and roads, shall be, and the same are hereby, vested in the surveyor and surveyors of county bridges and the roads at the ends thereof, as aforesaid; and the several penalties, forfeitures, matters, and things in the said act contained, relating to highways, shall be, and the same are hereby extended and applied, as far as the same are applicable, to such bridges, and the roads at the ends thereof, as aforesaid, as fully and effectually as if the same and every part thereof were herein repeated and re-enacted; the said surveyor or surveyors making satisfaction and compensation for all trespass and damage done in the execution of the powers of this act, in such and the same manner as the surveyors of highways are required to make, in and by the said above-mentioned act of the thirteenth year of the reign of his present majesty.
II. And be it further enacted, that where any bridge or Quarter bridges, or roads at the ends thereof, repaired at the ex- sessions may widen pense of any county, shall be narrow and incommodious, it and improve shall and may be lawful to and for the said justices, at any or alter the of their general quarter sessions, to order and direct such situation of bridge or bridges, and roads, to be widened, improved, and county bridges, &c. made commodious for the public; and that where any bridge or bridges, repaired at the expense of any county, shall be so much in decay as to render the taking the same wholly down necessary or expedient, it shall and may be lawful to and for the said justices, at any of their said general quarter sessions, to order and direct the same to be re-built either on the old site or situation, or on any new one more convenient to the public, contiguous to or within two hundred yards of the former one, as to such justices shall seem meet; and if, for the purpose of altering the situation or of widening or enlarging any such bridge or bridges, road or roads, as aforesaid, it shall be necessary to purchase any land or ground, it shall and may be lawful for such county surveyor or surveyors, by and under the
What sort of bridges inhabitants
shall be liable to repair.
Act shall not extend
to bridges repaired by
direction of such justices, at their general quarter sessions as aforesaid, to set out and ascertain the same, not exceed. ing in the whole one acre at any one such bridge as aforesaid, and to contract and agree with the owner or owners of such land, and persons interested therein, for the pur. chase thereof, either by a sum in gross, or by an annual rent, at the option of such owner or owners. (If they cannot agree, the justices shall impanel a jury, and assess the compensation in manner directed by 12 Geo. 3, c. 78, as to highways.) Provided that no money shall be applied to the amendment or alteration of any such bridge or bridges until presentment shall have been made of the insufficiency, inconveniency, or want of reparation of such bridge or bridges, in pursuance of some or one of the statutes made and now in force concerning public bridges.
IV. [Inhabitants of counties may sue for damages done to bridges in the name of the surveyor.]
V. And for the more clearly ascertaining the description of bridges hereafter to be erected, which inhabitants of counties shall and may be bound or liable to repair and maintain be it further enacted, that no bridge hereafter to be erected or built in any county, by or at the expense of any individual or private person or persons, body politic or corporate, shall be deemed or taken to be a county bridge, or a bridge which the inhabitants of any county shall be compellable or liable to maintain or repair, unless such bridge shall be erected in a substantial and commodious manner, under the direction or to the satisfaction of the county surveyor, or person appointed by the justices of the peace, at their general quarter sessions assembled, or by the justices of the peace of the county of Lancaster, at their annual general sessions, and which surveyor or person so appointed is hereby required to superintend and inspect the erection of such bridge, when thereunto requested by the party or parties desirous of erecting the same; and, in case the said party or parties shall be dissatisfied, the matter shall be determined by the said justices respectively at their next general quarter sessions, or at their annual ge neral sessions in the county of Lancaster.
VI. [Orders respecting county bridges in the county of York shall be made at the Easter sessions.]
VII. Provided always, and be it further enacted, that nothing herein contained shall extend to any bridges or roads which any person or persons, bodies politic or corporate, is, are, or shall be liable to maintain or repair, by reason of tenure or by prescription, or to alter or affect the right to repair such bridges or roads.
VIII. [Public act.]
Note. This act is extended to the purchase of buildings, by the 51 Geo. 3, c. 90, 52 Geo. 3, c. 110.
52 Geo. 3, c. 110.
I. [Recites 12 Geo. 2, c. 22, s. 13 and 14, and proceeds thus]: And whereas great expense in the repairs of county bridges, ramparts, banks, cops, and other works appertaining to the same, and of the roads over the same, and of so much of the roads at the ends thereof as by law is to be repaired at the expense of any county, riding, hundred, division, liberty, or town corporate, and great inconvenience to the public, may be often in a great measure prevented by the timely and immediate repair of any inconsiderable damage, injury, defect, or sudden want of repair or amendment of the same, without the delay which must generally arise from the necessity imposed by the aforesaid act, of a presentment by the grand jury at the assize, great sessions, or general or quarter sessions of the peace, held for any county, city, riding, division, town corporate, or liberty, of the want of reparation of the same; by means of which delay the aforesaid want of repair is often very much increased, to the great expense of the county, and great inconvenience of the public; and whereas it is also expedient that the justices of the peace of any county, city, riding, division, town corporate, or liberty, at their general quarter sessions respectively, before any presentment shall have been made as aforesaid, as directed by the aforesaid act, of the want of repair of such roads, should be enabled, without any such presentment, to contract and agree with certain persons hereinafter mentioned, for the repairing and amending of the same; and also for keeping the same in repair, when so repaired and amended: be it therefore enacted, &c., that from and after the first day of July, 1812, Quarter sesit shall and may be lawful for the justices of the peace of sions may any county, city, riding, division, town corporate, or liberty, nually two appoint anat their general quarter sessions or great sessions respec- or more justively, to be holden in the week next after the clause of tices, near, to Easter, or the greater part of them, then and there assem- superintend repairs; bled, to appoint annually two or more justices of the peace, acting in and for any division of justices in such county, city, riding, division, town corporate, or liberty, in or near which any such county bridge, or any bridge which is in part a county bridge, ramparts, banks, cops, or other works appertaining to the same, or any part or parts thereof, or the roads over the same, or so much of the roads at the ends thereof as by law is to be repaired at the expense of any county, city, riding, division, town corporate, or liberty, shall be situate, to superintend the same; and, whenever it shall appear on their own inspection to be necessary, for the purpose of preventing the further decay and injury of the same, to order any immediate repairs or amendments to be done to the same, or to any part thereof; but it shall and may be lawful for any two such justices, so to be appointed as aforesaid, and any two such justices are hereby