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trespass or damage done by his carriages or horses, or by any of the 33 & 34 Vict. servants or persons employed by him, to or upon the tramway, or to c. 78. or upon the property of any other person, and, without prejudice to the right of action against the licensee or any other person, every such servant or other person may lawfully be convicted of such trespass or damage in England before two justices. . . . either by the confession of the party offending or by the oath of some credible witness;-and upon such conviction every such licensee shall pay to the promoters, lessees, or persons injured, as the case may be, the damage, to be ascertained by such justices, so that the same do not exceed fifty pounds."

TURNPIKE ROADS. 194

Recovery of Possession of Toll Houses.] By 4 Geo. 4, c. 95, s. 49, 4 Geo. 4, on the death, discharge or absconding of any collector or receiver c. 95. of tolls, or his wife, widow or children, refusing to quit for three days after demand in writing, one justice may by warrant order a constable to remove the persons from the toll house or building, or weighing machine, and their goods, and put the trustees or their officer in possession. [Forms 1—3, pp. 967, 968, Oke's “Formulist,” 6th ed.] Sect. 59 is a similar clause in reference to lessees of tolls refusing to perform their agreement or pay rent, or lease becoming void.

c. 77, s. 14.

Officer not Accounting.] Officers appointed by trustees to account 4 Geo. 4, c. 95, for monies received and paid, and on refusal or neglect to deliver 8.47; 9 Geo. 4, up accounts, vouchers, &c., within ten days after being required, one justice on complaint may summon such officer, and hear and determine the matter in a summary way;—and if any monies shall be in the hands of such officer, the same may be levied by distress and sale of the goods of such officer, and if no distress, or he should not appear, or appearing shall refuse or neglect to give or to deliver to such justice an account of his receipts and payments, and all vouchers, books, &c., such justices may and shall commit him to the common gaol or house of correction until he shall have paid or compounded with the trustees for the monies so received; or, if committed for not delivering up accounts, books, &c., then until he shall have so delivered the same, or otherwise satisfied the trustees; but if committed for want of distress, then to be detained for no longer than six calendar months. [Forms of Complaint, Distress Warrant, Commitments, &c., Nos. 4-9, Oke's "Formulist," pp. 968, 969, 6th ed.]

194 In South Wales, the turnpike roads are managed by county roads boards under the acts 7 & 8 Vict. c. 91; 8 & 9 Vict. c. 61, and 10 & 11 Vict. c. 27.

O.S. VOL. II.

5 Q

3 Geo. 4, c. 126.

4 Geo. 4, c. 95.

Purchasing Lands, &c.] One justice may ascertain and settle amount of expenses of jury and witnesses on inquisition to assess value of land required for road (3 Geo. 4, c. 126, s. 87).

Procuring Materials, &c.] Differences as to the damages done by surveyor in getting materials from common or waste lands, or going over inclosed lands, to be settled by two justices (3 Geo. 4, c. 126, s. 97). Two or more justices may make order for materials to be taken from enclosed land (s. 98), which is recovered by distress (4 Geo. 4, c. 95, s. 71). [Forms, Nos. 14-16, pp. 972, 974, Oke's "Formulist," 6th ed.] Differences as to value of land used as repositories for stone, gravel, &c., to be settled by two justices (3 Geo. 4, c. 126, s. 102). Two or more justices to settle differences or damage between owner of ground through which a temporary road made and the trustees (s. 111). [Form of Order, &c., No. 10, Oke's "Formulist," 6th ed. p. 969.] Expenses of repairing gutters, drains, &c., in towns to be defrayed equally between the trustees and inhabitants, and two justices to apportion the amount to be paid by each (s. 115).

Watercourses, &c.] One or more justices to settle charges of removing filth, &c., on road, on turning, &c., watercourses, &c., after seven days' notice given to owner or occupier by surveyor, the amount being recoverable as penalties (s. 114). [See, as to second, Offences 95, 96, Vol. I. p. 806.]

Cutting Hedges.] One justice may order hedges to be cut and trees lopped which obstruct or are prejudicial to the road, if not done so by occupier within ten days after notice given by surveyor (s. 116). [Form No. 12, p. 971, Oke's "Formulist,” 6th ed. See Offence 97, Vol. I. p. 806.]

Damage by making Drains, &c.] Two or more justices may settle satisfaction to owner for making drains through lands contiguous to the road (4 Geo. 4, c. 95, s. 67). Two justices to determine as to the repair of new road made in lieu of old road (s. 68).

Tolls.] A justice may determine disputes as to tolls or charges of distress made for same, and award costs to parties (3 Geo. 4, c. 126, s. 40). [Forms, Nos. 16, 17, Oke's " Formulist," 6th ed. pp. 974, 975.]

County Road Rates in South Wales are recovered as county rates (10 & 11 Vict. c. 72, s. 2).

Roads out of Repair.]

1221, 1426-1427.

See ante, title "Highways," pp. 1220,

Application of Highway Rate towards Repair of Turnpike Roads.] See ante, pp. 1220, 1221.

Railways interfering with Roads.] See 8 & 9 Vict. c. 20, tit. "Railways," ante, pp. 1573, 1577.

Road in two Counties, becoming a Highway, in Repair.] See 33 & 34 Vict. c. 73, s. 13.

Tramways using Road.] See 33 & 34 Vict. c. 78, s. 58, as to composition.

VACCINATION.

34 & 35 Vict.

c. 98.

Justices' Order for Vaccination of Child.] By "The Vaccination 30 & 31 Vict. Act of 1867" (30 & 31 Vict. c. 84) (which with the Act of 1871 is c 84; referred to in Note 465, Vol. I. pp. 810, 811), sect. 31, a justice, on the information of the registrar of births, &c. that a child under 14 years of age has not been successfully vaccinated, and the parent disregards the notice to have it done, may summon the parent to appear with the child and make an order directing it to be vaccinated within a certain time (see Note 468, Vol. I. pp. 814, 815). The acts provide a penalty for disobedience of the order as well as for not producing the child, Offences 6, 7, Vol. I. p. 814. [Forms of Information, Summons and Order, Nos. 8-10, Oke's “Formulist,” 6th ed. p. 417.]

VAGRANTS.

Search Warrant for.] By 5 Geo. 4, c. 83, s. 13, any justice, upon 5 Geo. 4, information on oath that any person described in the act as an c. 83. offender (see Vol. I. pp. 740-748) is or is reasonably suspected to be harboured or concealed in any house kept or purporting to be kept for the reception, lodging, or entertainment of travellers, may, by warrant, authorize any constable or other person or persons to enter at any time into such house, and to apprehend and bring before him or any other justice every such offender as shall be found therein, to be dealt with as directed by the act. [Forms, Nos. 12, 13, pp. 421, 422, Oke's "Formulist," 6th ed.]

VESTRIES.

Convening Meetings, &c. generally.] The acts are 58 Geo. 3, c. 69; 1 Vict. c. 45; 13 & 14 Vict. c. 57, s. 1; 16 & 17 Vict. c. 45; 59 Geo. 3, c. 85.

Appointment of Vestry Clerk.] 13 & 14 Vict. c. 57. [Forms, Oke's "Formulist," 6th ed. pp. 975, 976.]

Vestrymen and Auditors.] 1 & 2 Will. 4, c. 60.

Select Vestries.] Appointment of select vestrymen by one justice. (59 Geo. 3, c. 12, s. 1.)

VOLUNTEER FORCE.

32 & 33 Vict.

c. 81.

"The Volunteer Act, 1863," 26 & 27 Vict. c. 65 [passed 21st July, 26 & 27 Vict. 1863], repealed by sect. 51 the previous enactments; but this repeal c. 65; was not to "affect the past operation of any such enactment, or anything already done, or any right, title, obligation or liability already accrued thereunder, or any remedy or proceeding respecting the same;" and by sect. 13, the provisions of this act are to apply to

26 & 27 Vict. c. 65;

32 & 33 Vict. o. 81.

every corps already formed, "without prejudice to anything already done in relation to or by any such corps." It is amended by "The Volunteer Act, 1869," 32 & 33 Vict. c. 81, and they may be cited together as the Volunteer Acts, 1863 and 1869.

Oath to be taken by Officers and Volunteers.] By 26 & 27 Vict. c. 65, s. 6, every officer, on receiving his commission, and every volunteer on his enrolment in the muster roll of his corps, or in either case as soon afterwards as may be, is to take the oath in the schedule, to be administered by the lieutenant of the county, a deputy lieutenant, a justice for the county, or an officer of the corps who has taken such oath, viz. :

"I, A. B., do sincerely promise and swear, that I will be faithful and bear true allegiance to her Majesty Queen Victoria, and that I will faithfully serve her Majesty in Great Britain for the defence of the same against all her enemies and opposers whatever according to the conditions of my service."

"The name of the successor of her Majesty Queen Victoria for the time being, with proper words of reference thereto, to be substituted as occasion requires.)"

[Form of Certificate of Oath having been taken, Oke's “Formulist,” 6th ed. p. 978, No. 2.]

Appeal to Justices by Volunteer who desires to be struck off Muster Roll.] By 26 & 27 Vict. c. 65, s. 7, "any volunteer may, except when on actual military service, quit his corps, on complying with the following conditions, namely,

(1.) Giving to the commanding officer of his corps fourteen days' notice in writing of his intention to quit the corps:

(2.) Delivering up in good order, fair wear and tear only excepted, all arms, clothing and appointments, being public property or property of his corps, issued to him:

(3.) Paying all money due or becoming due by him, under the rules of his corps, either before or at the time or by reason

of his quitting it:

And thereupon he shall be struck out of the muster roll of the corps by the commanding officer. If any volunteer give such notice, and the commanding officer refuses to strike him out of the muster roll, and the volunteer considers himself aggrieved thereby, the volunteer may appeal to two justices of the peace for the county to which the corps belongs, usually acting within the petty sessional division in which the head quarters of the corps are situate, and not being members of the corps, who shall hear and determine the appeal, and may for the purposes thereof administer oaths and examine any person as a witness; 195—and if it appears to such justices that the

195 By 32 & 33 Vict. c. 81, s. 6, the commanding officer of any corps or administrative regiment may appear before justices by the adjutant or serjeant-major of the corps or regiment, or any of the staff of the corps or regiment authorized in writing under the hand of the commanding officer.

arms, clothing and appointments issued to the volunteer, being 26 & 27 Vict. public property or property of his corps, have been delivered c. 65; in up 32 & 33 Vict. good order (fair wear and tear only excepted), or that he has paid c. 81. or is ready to pay sufficient compensation for any damage that such articles may have sustained, and that all money due or becoming due by him under the rules of his corps, either before or at the time or by reason of his quitting it, has been paid, such justices may order the commanding officer forthwith to strike such volunteer out of the muster roll of his corps, and their determination shall be binding on all persons." [Forms of Summons and Order, Nos. 3, 4, Oke's "Formulist," 6th ed. pp. 978, 979.]

Recovery of Subscriptions or Fines from Member of Corps.] By 26 & 27 Vict. c. 65, s. 27, "if any person belonging or having belonged to a volunteer corps or administrative regiment, neglects or refuses to pay any money subscribed or undertaken to be paid by him towards any of the funds or expenses of such corps or regiment, or due under the rules of such corps, and actually payable by him, or to pay any fine incurred by him under the rules of such corps, such money or fine shall (without prejudice to any other remedy) be recoverable from him, with costs, at any time within twelve months after the same becomes due and payable, as a penalty under this act is recoverable,—and when recovered shall be applied as part of the general fund of the corps or regiment." By sect. 48, money or fines made recoverable as a penalty is recoverable before two or more justices having jurisdiction where the offence is committed or where the offender happens to be, in manner directed by the 11 & 12 Vict. c. 43. The person to sue for and recover current subscriptions, arrears of subscriptions, and other money due to the corps or regiment, is the commanding officer, in whom they and all lands and effects of the corps vest (s. 25). 195 A copy of the rules in print or writing, certified under the hand of the commanding officer as a true copy of the rules whereof her Majesty's approval has been duly notified, is conclusive evidence of the rules of the corps (s. 24), which rules will show when the sum claimed became payable. After summoning the defaulter, and on proof of the complaint, the justices will make an order for payment ;-in default of payment, if the sum adjudged including costs do not exceed £5, there will be imprisonment, either instead of or in default of distress. [Forms of Complaint, &c., Nos. 5-8, p. 979, Oke's " Formulist," 6th ed.]

tit.

Exemptions from Toll.] See these set out in Vol. I., Note 484, "Volunteer Force."

Appeal.] See 26 & 27 Vict. c. 60, s. 48, Vol. I., pp. 829, 830, Note 483.

Grounds for Rifle Practice.] 26 & 27 Vict. c. 65, s. 32, incorporates certain provisions of the 8 & 9 Vict. c. 18, tit. "Lands Clauses

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