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No. 19.

Form of Notice of diverting, &c. Highway.

day of

next

Notice is hereby given, that on the application will be made to His Majesty's justices of the peace assembled at quarter sessions in and for the county of

at

for an order for [if the order be for turning, diverting, and stopping up, &c., here to state it, and describe the road ordered to be turned, diverted, and stopped up; if the order be for stopping up a useless road, here to state it, and describe the road ordered to be stopped up]; and that the certificate of two justices having viewed the same, &c. with the plan of the old and proposed new highway, will be lodged with the clerk of the peace for the said county on the day of next.

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[Forms Nos. 20-25 rep. 47 & 48 Vict. c. 43, s. 4.]

HIGHWAY (RAILWAY CROSSINGS) ACT, 1839.
(2 & 3 VICT. c. 45.)

An Act to amend an Act of the Fifth and Sixth
Years of the Reign of His late Majesty King
William the Fourth relating to Highways.

[17th August, 1839.]

[Preamble recites 5 & 6 Will. 4, c. 50, ss. 71, 113.]

crosses a

maintain

gates.

[1.] Wherever a railroad crosses or shall hereafter cross Where any any turnpike road or any highway or statute labour road railroad for carts or carriages in Great Britain, the proprietors or highway, &c. directors of the company of proprietors of the said rail- proprietors of road shall make and maintain good and sufficient gates railroad shall across each end of such turnpike or other road as aforesaid at each of the said crossings, and shall employ good and proper persons to open and shut such gates, so that the persons, carts or carriages passing along such turnpike or highway shall not be exposed to any danger or damage by the passing of any carriages or engines along the said railroad; and any complaint for any neglect in respect of the said gates shall be made within one calendar month after the said neglect to any justice of the peace, or if in Scotland to the sheriff of the county, who may summon the party so complained against to appear before them or

S.

F

Penalty for each day's neglect, 51.

him at the next petty sessions or court to be holden for the district or division within which such gates are situate, who shall hear and decide upon such complaint; and the proprietor or director so offending shall for each and every day of such neglect forfeit any sum not exceeding five pounds, together with such costs as to the justices or sheriff-depute aforesaid before whom the conviction shall take place shall seem fit.

Recovery and 2. The penalties by this Act imposed, and the costs to application of be allowed and ordered by the authority of this Act, shall penalty, &c. in England be recovered and applied in the same manner as any penalties and costs under the said Act, and in Scotland shall be recovered and applied to the maintenance of the statute labour roads within the district where the offence is committed.

[S. 3 rep. 37 & 38 Vict. c. 96 (S. L. R.).]

Lands in the exclusive

occupation of persons for

THE HIGHWAY ACT, 1841.

(4 & 5 VICT. c. 51.)

An Act to amend an Act of the Third Year of King
George the Fourth, for regulating Turnpike
Roads in England, and also an Act of the Fifth
and Sixth Years of King William the Fourth,
for consolidating the Laws relating to Highways
in England.
[21st June, 1841.]

[Preamble recites 3 Geo. 4, c. 126, s. 98; 5 & 6 Will. 4, c. 50, s. 53, as to power of taking materials for the repair of turnpike roads and highways from inclosed lands and grounds.]

[1] All lands and grounds which shall be in the exclusive occupation of one or more persons for agricultural purposes shall be deemed and taken to be inclosed lands or agricultural grounds within the meaning of the said recited Acts, purposes to be although the same may not be separated from any adjoining lands or grounds of other persons, or from the highway, by any fence or other inclosure.

deemed inclosed

lands.

THE HIGHWAY ACT, 1845.

(8 & 9 VICT. c. 71.)

An Act to extend certain Provisions in the Act for consolidating and amending the Laws relating to

Highways in England.

[31st July, 1845.]

[Preamble recites 5 & 6 Will. 4, c. 50, s. 48.]

recited Act as lands allotted for repair of highways, when mate

to sale of

[1] The recited Act, and all the provisions therein Provisions of contained, shall apply and extend not only to the lands in the said Act specified, but to all lands belonging or which hereafter may belong to parishes, or to the surveyor of the highways, for the purposes aforesaid, which have been or wh hereafter shall be lawfully used for the purpose of obtaining materials for the repair of the highways in such parish, exhausted, the materials in which lands have been or hereafter may be exhausted.

rials are

all lands held

extended to

for that

purpose.

2. The said Act and this Act shall be construed together Construction. as one Act.

[S. 3 rep. 38 & 39 Vict. c. 66 (S. L. R.).]

TOWNS IMPROVEMENT CLAUSES ACT, 1847,
Ss. 64-83.

(10 & 11 VICT. c. 34, ss. 64-83.)

An Act for consolidating in one Act certain Provisions usually contained in Acts for Paving, Draining, Cleansing, Lighting and Improving Towns.

[21st June, 1847.]

And with respect to naming the streets and numbering the houses, be it enacted as follows:

64. The commissioners shall from time to time cause the houses and buildings in all or any of the streets to be marked with numbers as they think fit, and shall cause to be put up or painted on a conspicuous part of some house, building, or place at or near each end, corner, or entrance

Naming
Streets.

Houses to be numbered and

streets named.

Numbers of houses to be renewed by occupiers.

Improving

Streets.

Houses may be set forward

of every such street the name by which such street is to be
known; and every person who destroys, pulls down, or
defaces such number or name, or puts up any
any
number
or name different from the number or name put up by the
commissioners, shall be liable to a penalty not exceeding
forty shillings for every such offence.

65. The occupiers of houses and other buildings in the streets shall mark their houses with such numbers as the commissioners approve of, and shall renew such numbers as often as they become obliterated or defaced; and every such occupier who fails, within one week after notice for that purpose from the commissioners, to mark his house. with a number approved of by the commissioners, or to renew such number when obliterated, shall be liable to a penalty not exceeding forty shillings, and the commissioners shall cause such numbers to be marked or to be renewed, as the case may require, and the expense thereof shall be repaid to them by such occupier, and shall be recoverable as damages.

And with respect to improving the line of the streets, and removing obstructions, be it enacted as follows:

66. The commissioners may allow, upon such terms as for improving they think fit, any building within the limits of the special line of street. Act to be set forward, for improving the line of the street in which such building, or any building adjacent thereto, is situated.

Commissioners may purchase houses or

67. The commissioners may agree with the owners of any lands within the limits of the special Act for the absolute purchase thereof, for the purpose of widening, enlarging, or otherwise improving any of the streets, and additional im- they shall re-sell any parts of the land so purchased which shall not be wanted for the enlargement of the street.

ground for effecting

provements.

Houses pro

jecting

beyond line of

street, when taken down to

be set back.

68. When any house or building, any part of which projects beyond the regular line of the street, or beyond the front of the house or building on either side thereof, has been taken down in order to be rebuilt or altered, the commissioners may require the same to be set backwards to or toward the line of the street, or the line of the adjoining houses or buildings, in such manner as the commissioners direct, for the improvement of such street:

provided always, that the commissioners shall make full compensation to the owner of any such house or building for any damage he thereby sustains.

be removed

69. The commissioners may give notice to the occupier Future proof any house or building to remove or alter any porch, jections of shed, projecting window, step, cellar, cellar door or window, houses, &c. to sign, sign-post, sign-iron, showboard, window shutter, wall, on notice. gate, or fence, or any other obstruction or projection erected or placed, after the passing of the special Act, against or in front of any house or building within the limits of the special Act, and which is an obstruction to the safe and convenient passage along any street: and such occupier shall within fourteen days after the service of such notice upon him, remove such obstruction, or alter the same in such manner as shall have been directed by the commissioners, and in default thereof shall be liable to a penalty not exceeding forty shillings; and the commissioners in such case may remove such obstruction or projection, and the expense of such removal shall be paid by the occupier so making default, and shall be recoverable as damages: provided always, that, except in the case in which such obstructions or projections were made or put up by the occupier, such occupier shall be entitled to deduct the expense of removing the same from the rent payable by him to the owner of the ♦ house or building.

70. If any such obstructions or projections were erected Commisor placed against or in front of any house or building in sioners may any such street before the passing of the special Act, the cause existing projections to commissioners may cause the same to be removed or altered be removed, as they think fit; provided that they give notice of such and compenintended removal or alteration to the occupier of the house sation to be or building against or in front of which such obstruction or projection shall be thirty days before such alteration or removal is begun, and if such obstructions or projections. shall have been lawfully made, they shall make reasonable compensation to every person who suffers damage by such removal or alteration.

open

71. All doors, gates, and bars put up after the passing of Doors in the special Act within the limits thereof, and which open future to be upon any street, shall be hung or placed so as not to open made to outwards, except when, in the case of public buildings, the commissioners allow such doors, gates, or bars to be other

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