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magistrates of this isle, to all intents and purposes what. soever; and that the said high-bailiffs shall have concurrent jurisdiction with each other, as occasion may require *.
It is enacted, That the governor, with the council and keys, shall, from time to time, as it shall become necessary, appoint a committee, consisting of five persons; and if it shall appear to such committee necessary, or com. modious for the public, to cut through the lands of any person, for the purpose of making a new highway, or of amending or improving any highway, the said committee, or a majority of them, shall have full power to survey and lay out the ground for such purposes, and to give such orders and instructions in writing, for the laying out, making, and completing such highways, as to them, or a majority of them, shall appear necessary. Provided that the said highways be not cut through any house, garden, orchard, or yard, severally adjoining, or near unto any dwelling-house ; and that the owner of such lands through which such new highways shall be made, shall receive such reasonable satisfaction for da. mages, as the said committee, or a majority of them, shall award. And the said committee, or a majority of them, shall have full power to give the old highways to such owner, or owners of the lands through which the new highways shall be made, so far as the same adjoin their respective properties, in lieu of, or in part satisfaction for such new highways, and the damages afore said. And the said committee, or a majority of them, shall annually settle all accounts and sums of money,
to be levied, paid, and expended by virtue of this act : and the governor shall, from time to time, by writing under his hand and seal, appoint a surveyor, or surveyor. general of the highways, to act for and under the said committee, with power to view and survey the making of such highways to be laid out, amended, and completed by virtue of this act; and also to give the necessary directions to the several parochial surveyors of the highways, in the execution of their duty, and to procure and employ workmen, horses, implements, materials, and other necessaries, for such purposes as he or they shall find needful. And it is further enacted, That the coroners shall, when thereunto required by a surveyor.general, return to him the names of proper persons to serve as parochial surveyors within the respective parishes, who are to be approved of by a surveyor. general, as also by a deemster, who is hereby ordered to swear such parochial surveyor into office, after being so approved of: And in case any person so returned and approved of, shall refuse to take upon him such office, he shall, for every offence, forfeit the sum of one pound; and thereupon another person shall be returned, approved, and sworn, in manner aforesaid. And each parochial surveyor shall, within one month after being duly sworn into office, duly survey the state of the highways and bridges within his district: and in case any of them be out of repair, he shall report the same to a surveyor-general. And when any of the said highways are ordered to be altered or repaired, the parochial surveyors shall summon the several land owners and others compellable to perform their parish-labour, in manner herein after directed: and the said parochial surveyors shall take due care of, and be accountable for, all utensils, tools, and other implements provided for the use of the said highways. And it is further enacted, That the proprietor or occupier of every quarterland, or baron-land computed to be equal to a quarterland, shall,
upon two days previous notice given by summons, to such proprietor or occupier, send four men, and so on in proportion, to be employed in the making, altering, or repairing of the said highways. And all proprietors or occupiers of dwelling-houses, situate on quarterlands or baron-lands, (so that the premises do not pay more than one-fourth of the chief rent of such quarterland or baron-land,) shall send one man. And all proprietors of dwelling-houses, or on cottages and intacks not exceeding two shillings original chief rent, shall send one man. And every proprietor of each and every cottage or intack, from two shillings to seven shillings and sixpence original chief rent, whether such cottage or intack be dwelt upon or not, shall send one man. And every proprietor or occupier of intacks, from seven shillings and sixpence, to fifteen shillings, chief rent, shall send two men. And the proprietors or occupiers of each and every intack, from fifteen shillings to one pound two shillings and sixpence original chief rent, shall send three men. And every proprietor or occupier of intacks, from one pound two shillings and sixpence, to one pound ten shillings, (which original chief rent of one pound ten shillings is to be deemed equal to a quarterland,) shall send four men: and so on for intacks of greater rent, in the same proportion. And when it is found necessary to employ carts, or wheel cars, for the use of the said highways, every person having in his possession one or more carts, or wheel cars, fit for cara, rying stones, gravel, or other necessary materials, being so summoned as aforesaid, for that purpose, shall send one such cart, or wheel car, with an able or sufficient horse, or horses, and driver, to and for the use of the said highways; and one day's labour with such cart, and two such able horses and driver, shall be deemed and taken for one turn, or four men. And one day's labour of a cart or wheel car with one horse and a driver, shall be taken for two men. And the parochial surveyors shall give such notice or summons as aforesaid, in a
regular course; and such labour done by the several inhabitants of each parish in rotation, shall be deemed a turn of such parochial labour; which labour is to be done in rotation as aforesaid, as often as occasion may require; so that the same does not exceed three turns in any one year. And in case any person so summoned as aforesaid, doth not perform the said labour, the parochial surveyor shall forthwith make presentment of the default, and cause the party to be summoned before the governor, or deemster ; and such party shall, upon conviction, be obliged to pay on account of every la. bourer failing to attend as aforesaid, one shilling. And for every default in not sending such cart or carts, car or cars, with horses and drivers as aforesaid, two shillings and sixpence, to be levied by distress or execution, with costs. The parochial surveyor, and such persons as he shall appoint, may dig, gather, take and carry away in and through the lands of any person adjacent, or near unto the said highways, any stones, gravel, sand, or other materials, where it may be most proper or convenient for the use of the said highways, (save and except gardens, orchards, and yards, adjoining or near unto any dwelling-house) so as the least damage to the proprietors be thereby occasioned ; and also to make ditches and drains in and through the lands adjoining the said highways, for the carrying off the waters lying thereon; which ditches and drains, when made, are to be kept properly cleansed and open by the pro. prietors of such lands.
And it is also enacted, That an additional sum of nine shillings and ninepence be laid on ale-house licences, and that the same, and also the clear monies arising from the tax upon dogs, shall be applied for the makng, altering, and repairing the said highways, under the directions herein before provided relative to the said fund.
The keys, or any of them, and the surveyor-general or parochial surveyors, shall severally have full power,
upon view, to make presentment of all obstructions and other nuisances wilfully done to the highways, or the milestones thereon: And the offenders therein shall, upon conviction before the governor or deemster, be fined any sum, not exceeding three pounds, according to the circumstances of the case, to be levied by distress and execution: and in case any person shall wilfully and obstinately obstruct the said committee, surveyors. general, or parochial surveyors, or any of them, or any person by them employed for the purposes of this act, he shall, upon conviction before the governor or deem. ster, be fined three pounds, and committed till the same be paid : and the respective fines herein before men. tioned, shall be applied to the use of the said high ways; which said highways to be made in pursuance of this act, shall be eight yards from ditch to ditch. ..
And it is enacted, That the highway from Castle. town to Douglas, shall be continued through Newtown; and that the several surveyors, during their office, be exempt from all other parochial services, and shall for their trouble have, at the discretion of a surveyor-general, a sum not exceeding one shilling and twopence each day, in the discharge of his duty, without the special appointment of the committee, who are authorised to make such reasonable compensation to the surveyors.general, for their trouble and expence in the discharge of their duty, as to them shall seem fit: and it shall be lawful for the surveyor or surveyors.general, as often as he or they shall think proper, to discharge any parochial sur. veyor for neglect of duty, and to appoint another person in his place; so that such other person be approved of and sworn, as herein before mentioned *.
*A. T. 1776.