this act;

and to affefs thereupon, fuch fines as they fhall

fendersagainst prefented in fuch jurifdiction where the fame do lie, and not elfewhere; and that no fuch presentment, nor any indictment for any fuch default or offence, fhall be removed by Certiorari, or otherwife, out of fuch jurifdiction, till fuch indictment or prefentment be traversed, and judgement thereupon given, except where the duty or obligation of repairing the said highways, causeways, or bridges, may come in question; and that every such presentment made by any fuch justice of ailize, counties palatine, great feflions, or of the peace, upon his own view, or upon fuch information having been given to fuch juftice of the peace upon the oath of fuch furveyor of the highways as aforefaid, fhall be as good, and of the fame force, ftrength, and effect, in the law, as if the fame had been prefented and found by the oaths of twelve men; and that for every fuch default or offence fo prefented as aforefaid, the juftices of aflize, counties palatine, and great feffions, at their respective courts, and the juftices of the peace at their general quarter feffions, fhall have authority to affefs fuch fines as to them faving to the fhall be thought meet: faving to every person and persons that perfons affect- fhall be affected by any fuch prefentment, his, her, or their lawed, their law ful traverfe to the fame prefentment, as well with refpect to the fact of non-repair, as to the duty or obligation of repairing the faid highways, as they might have had upon any indictment of the fame, prefented and found by a grand jury; and the justices of the peace at their general quarter feflions, or the major part of them (fuch major part not being lefs than five) may, if they fee juft caufe, direct the profecution upon fuch prefentments as fhall be made at the quarter feffions as aforesaid, to be carried on at the general expence of fuch county, riding, divifion, city, corporation, precinct, or liberty, and to be paid out of the general rates within fuch jurisdiction.

think meet;

ful traverse to fuch prefentments.

Juftices, at their fpecial feilions, may

order thole roads to be

XVI. And be it further enacted, That the faid juftices of the peace, at any fpecial feflions to be held by virtue of this act, may by writing under their hands and feals, order and appoint thofe roads which do moft want repair, within their jurisdiction, first repaired to be firft amended, and at what time, or in what manner, the that most want fame fhall be performed; according to which order (if fuch there be) all and fingular the refpective furveyors of the faid highways are hereby required to proceed within their respective

it.

Complaint of neglect of duty, &c. in furveyors, may be en

liberties.

XVII. And be it further enacted, That it fhall and may be lawful for the faid juftices, or any two or more of them, within their refpective jurifdictions, upon complaint made to them by any perfon or perfons, upon oath, against any surveyor or quired into by furveyors, for any neglect or default made in the performance two juftices, of his or their duty required by this act, to fummon fuch furwho maym ymake veyor or furveyors to appear before them at such time and place fuch order as they fhall appoint by fuch fummons; and then and there to fhall be necef- examine and inquire into the fame, upon oath, and to make fuch order for the enforcing of this act, and the powers and authorities hereby given, as to them fhall feem meet. XVIII. And,

thereupon as

fary.

XVIII. And, for the better convenience of travellers where feve- Juftices imral highways meet, be it further enacted, That the faid juftices, powered to order proper at fome fpecial feffions to be held for the purposes of this act, direction polts fhall iffue their precept to the furveyor or furveyors of the high- to be fet ways, in the parish, township, or place, where feveral high- up where feways meet, and there is no proper or fufficient direction poft or veral highftone already fixed or erected, requiring them forthwith to caufe ways meet, to be erected or fixed in the most convenient place where fuch ways meet, a ftone or poft, with an infcription thereon, in large legible letters, containing the name or names of the next market town or towns, or other confiderable place, to which the faid highways refpectively lead; and alfo at the feveral ap- and at the ap proaches or entrances to fuch parts of any highways as are fub- proaches to fuch parts as ject to deep or dangerous floods, graduated ftones, or posts, are fubject to denoting the depth of water in the deepest part of the fame; deep or danand likewife fuch direction pofts or ftones as the said juftices gerous floods, fhall judge to be neceffary, for the guiding of travellers in the and where nebest and safest tract through the faid floods or waters; and the ceffary for guiding trafaid furveyor or furveyors fhall be reimbursed the expences of vellers in the providing and erecting the fame respectively, out of the mo- best and safeft nies which fhall be received by him or them, pursuant to the tract; directions of this act and in cafe any furveyor or furveyors furveyor negfhall, by the space of three months after fuch precept to him or lecting his duthem directed and delivered, neglect or refufe to caufe any fuch feits 20s. stone or post to be fixed as aforefaid; every fuch offender shall forfeit the fum of twenty fhillings.

ty therein, for

mons, wafte

XIX. And, for the better repairing and keeping in repair the faid Surveyor im highways, and providing of materials for that purpofe, be it enact- powered to ed, That it fhall and may be lawful to and for every surveyor for repair of take materials to be appointed as aforefaid, to take and carry away, or caufe the highways to be taken and carried away, fo much of the rubbish, or re- from any fufe ftones of any quarry or quarries, lying and being within neighbouring the parish, township, or place, where they fhall be furveyors quarries, com(except fuch as fhall have been got by the furveyor of any turn- grounds, ripike road) without the licence of the owner or owners of fuch vers, or quarries, as they fhall judge neceffary for the amendment of the brooks; faid highways, but not to dig or get ftone in fuch quarry, without leave of the owner thereof; and also that it fhall and may be lawful for every fuch furveyor or furveyors, for the use aforefaid, in any common or wafte land or ground, river or brook, therein, within the parish, township, or place, where he or they fhall be furveyor or furveyors, or within any other parish, township, or place, wherein gravel, fand, chalk, ftone, or other materials, are respectively likely to be found, to search for, dig, and get the fame; fo that the faid furveyors do not thereby prejudice or damage any building, highway, or ford, nor dig or get the fame out of any river or brook within the distance of one hundred feet above or below any bridge, nor within the like distance of any pond, dam, or wear; and likewise to gather ftones lying upon any lands or grounds within the parish, township, or place, where fuch highway shall be, for fuch fervice and pur

pole;

places, then from private grounds;

pofe; and to take and carry away fo much of the faid materials as, by the difcretion of the faid furveyor or furveyors, shall be thought neceffary to be employed in the amendment of the faid highways, without making any fatisfaction for the fame. and where fuf- XX. And be it further enacted, That it fhall and may be ficient can't be lawful for every fuch furveyor or furveyors for the use aforesaid, had in fuch to search for, dig and get, fand, gravel, chalk, ftone, or other materials (if fufficient cannot conveniently be had within fuch commons or waste lands) in any of the several or inclosed lands or grounds of any perfon or perfons whomfoever, within the parish, township, or place, for which he or they shall be appointed furveyor or furveyors as aforefaid, (not being a garden, yard, avenue to a house, lawn, park, paddock, or inclofed plantation) and to take and carry away fo much of the faid materials as, by the discretion of the faid furveyor or furveyors, thall be thought necessary to be imployed in the admendment of the faid making fuch highways; the laid furveyor or furveyors making fuch fatisfacfatisfaction to tion for the damage to be done to such lands or grounds by the the owners as getting and carrying away the fame, as shall be agreed upon behall be agreed tween him or them, and the owner, occupier, or other person interested in fuch lands or grounds, in the prefence, and with the approbation, of two or more fubftantial inhabitants of fuch or otherwife, parish, township, or place: and in cafe they cannot agree, then as the juftices fuch fatisfaction and recompence fhall be settled and afcertained fhail direct. by order of one or more juftice or juftices of the peace of the county, riding, divifion, city, corporation, precinct, or liberty, where fuch land or ground fhall lie.

upon,

expences in

to be reim

bursed by a

rate on the inhabitants of the place,

XXI. And whereas in fome parishes, townships, or places, the curred by fur- may not be fufficient materials for the repair of the highways withi veyors in ef- the fame, nor within the commons or waste lands of any other pari fecting the township, or place, lying within a convenient distance from fuch bigtpurposes aforefaid, are way; by reason whereof, the furveyor or furveyors of fuch highway may be forced to buy Juch materials, and to make recompence and fatisfaction to the owner or occupier of inclofed lands, for damag! which may be done by getting thereof and whereas no provifionis made for raifing a fund to reimburse the expences which the faid f veyors may incur by erecting guide pofts, and by rendering fatisfacti for damages done to lands by the making new ditches or drains; be it therefore enacted, That upon application by fuch furveyor of furveyors, to the juftices of the peace at their special feffions, and oath made of the fum or fums of money which he or they have or hath bona fide laid out and expended for the purposes aforefaid, the faid juftices, or any two of them, fhall, and are hereby impowered, by warrant under their hands and feals, to cause an equal rate to be made, for the reimburfing the faid furveyor or furveyors fuch fum or fums of money, upon all the occupiers of lands, tenements, and hereditaments, within fuch parish, township, or place, where fuch money fhall be fo exaccording to pended or laid out, according to the rules and methods prefcribthe rules pre. ed in an act of parliament made in the forty third year of the fcribed in act reign of the late queen Elizabeth, intituled, An act for the rehe 43 Eliz.

of the poor, which rate, being confirmed and allowed by the faid juftices, fhall be collected by the faid furveyor or furveyors of the highways; and if any person or perfons refuse to pay the money so affeffed on him or them, that then the fame shall be levied by the faid furveyor or furveyors, by diftress and fale of the goods and chattles of the perfon or perfons fo refufing, ren. dering to the party the overplus (the reasonable charges of making fuch diftrefs being first deducted.)

others, with

XXII. And be it further enacted, That if any fuch furveyor, Rules to be or perfon employed by him, fhall, by reafon of the searching obferved by for, digging, or getting, any gravel, fand, ftones, chalk, or other furveyors and materials, for repairing any highways, make, or cause to be made, any pit or hole in any fuch lands or grounds, rivers, or fencing, filling respect to the brooks, as aforefaid, wherein fuch materials fhall be found; up, and flopfuch furveyor, perfon or perfons, fhall forthwith caufe the fame ping holes to be fufficiently fenced off, and fuch fence fupported and re- made in digging for, or paired during such time as the faid pit or hole shall continue getting maopen; and thall, within three days after any fuch pit or hole terials for refhall be opened or made where no gravel, ftone, or materials, pairs of the fhall be found, cause the fame to be forthwith filled up and le- roads. velled; and where any fuch materials fhall be found, within fourteen days after having dug up fufficient materials in fuch pit or hole, cause the fame to be filled up, floped down, or fenc

therein, 10s. and for any

ed off, and fo continued: and in cafe fuch furveyor, períon or Forfeiture for perfons, fhall neglect to fill up, flope down, or fence off, fuch every neglect pit or hole, in manner, and within the time, aforefaid; he or or default they fhall forfeit the fum of ten fhillings for every such default : and in case such furveyor or furveyors, perfon or perfons, thall default after neglect to fence off fuch pit or hole, or to flope down the fame, as notice, herein before directed, for the space of ten days after he or they fhall have received notice for either of thofe purposes from any juftice of peace, or from the owner or occupier of such several ground, river, or brook, or any perfon having right of common within fuch common or wafte lands as aforefaid, and fuch neglect and notice fhall be proved upon oath before one or more of the faid justices of the peace; fuch furveyor, perfon or perfons, a fum not lefs fhall forfeit and pay any fum not exceeding ten pounds, nor less than 40s. but than forty fhillings, for every fuch neglect, to be determined not more than and adjudged by fuch juftice or justices, and to be laid out and to be applied applied in the fencing off, filling up, or floping down, fuch pit to the above or hole, and toward the repair of the roads in the parif, town- purposes. fhip, or place, where the offence fhall be committed, in fuch manner as the faid juftice or juftices fhall direct and appoint; which forfeiture, in case the fame be not forthwith paid, fhall be levied as other forfeitures are herein after directed to be levied. XXIII. And be it further enacted, That the faid furveyor or Regulations furveyors to be appointed as aforefaid, together with the inha- with regard to bitants and occupiers of lands, tenements, and hereditaments, within each parish, township, or place, fhall, at proper feafons in every year, ufe their endeavours for the repair of the highways, and thall be chargeable thereunto as followeth; that is how every perVOL. XXVII.

Hh

ftatute work

in general;

fon is to be rato

work he is to

ted; the num- to fay, every perfon keeping a team, draught, or plough, in fuch ber of days parith, township, or place, fhall, fix days in every year, to be perform; and computed from Michaelmas to Michaelmas, find and fend, on the number of every day, and at every place, to be appointed by the furveyor hours in each or furveyors for the amending the highways in fuch parish, day.

township, or place, one wain, cart, or carriage, furnished after the custom of the country, with oxen, horfes, or other cattle, and all other neceffaries meet to carry things convenient for that purpose, and alfo two able men with each wain, cart, or carriage refpectively; and every perfon occupying lands, tenements, or hereditaments, of the yearly value of fifty pounds, or above, fhall, in like manner, fend one wain, cart, or carriage, furnished with not less than three horses, or four oxen and one hore, or two oxen and two horfes, and two able men to each wain, cart, or carriage (except in thofe parts of this kingdom where carts with fingle horfes, are generally ufed; and in fuch places every fuch perfon fhall, in like manner, fend two carts, with one horse and one able man to each cart) and in like manner for every fifty pounds per annum refpectively which he, the, or they, fhall fo occupy in fuch parish, township, or place; and fhall likewife find and fend one fufficient labourer, for every ten pounds per annum which he, the, or they fhall occupy, above the annual value of fifty pounds, and less than one hundred pounds; and fo for every ten pounds that each progreffive and intermediate annual value of ten pounds fhall fall short of the further increase of fifty pounds; and every perfon or perfons occupying lands, tenements, or hereditaments, in any parith, township, or place, of the yearly value of ten pounds, and under the yearly value of fifty pounds, who fhall not keep fuch team, draught, or plough, thall find and fend one fufficient labourer for every ten pounds per annum which he, she, or they thall fo occupy, upon every of the faid days, and at every place fo to be appointed by the faid furveyor or furveyors as aforefaid; and every person or perfons not keeping a team, draught, of plough, but occupying lands, tenements, or hereditaments, under the yearly value of ten pounds, in ever parish, township, of place, and alfo every man inhabiting therein refpectively, and being of the age of eighteen, and under the age of fixty five years, not being an apprentice or menial fervant, nor having performed the faid duty, or paid the compofition for the fame, in any other parish, township, or place, for that year, shall by themselves, or one fufficient labourer for every of them, upon every of the faid days on which they fhall be called forth by the faid furveyor or furveyors, together with the faid other labour. ers, work and labour in the amendment of the faid highways, a they fhall be directed by fuch furveyor or furveyors: and if the change carri- faid carriages, or any of them, fhall not be thought needful by ages for men, the furveyor or furveyors, on any of the faid days; then every where thought needfui by the fuch perfon, who fhould have fent and found any fuch carriage, furveyor; fhall, according to the notice to be given as herein after directed, fend unto the faid work for every carriage fo fpared, three

power to

able