against provisions of repealed Acts, may be abated, s. 3, p. 3, 4, on highway, penalty for, s. 69, p. 54.
to be taken down by surveyor. Id. ibid.
ENTAILED ESTATES,
proprietors of, may renounce claim to damages, s. 49, p. 39.
in rate may be rectified, s. 31, p. 21, 22.
EVIDENCE. See Tit. WITNESS.
of deceased surveyor to account for money due, &c.
from payment of highway rate, s. 33, p. 22. EXPENCES. See Tit. PARISH.
amount of, to be taken under Act, s. 110, p. 93, 94. FENCES. See Tit. DAMAGE. INJURY.
penalty for suffering filth, dust, lime, or other offensive matter, to run or flow into or upon highway, &c. s. 72, p. 57.
for not repairing highway. See Tit. HIGHWAYS. FIRE, penalty for making fire, or wantonly firing off any gun or pistol, or setting fire to, or wantonly letting off or throwing any squib, rocket, serpent, or firework within fifty feet of centre of carriageway or cartway, s. 72, p. 57. See Tit. FIRE.
graduated stones or posts to be erected by surveyor, at ap- proaches to highways, subject to, s. 24, p. 17.
penalty for playing at, on highway, s. 72, p. 57.
FOOT CAUSEWAYS,
to be secured by posts, &c., s. 24, p. 17.
penalty for wilfully leading or driving any horse, ass, sheep, mule, swine, or cattle, or carriage of any description, or any truck or sledge upon, s. 72, p. 56, 57.
penalty for wilfully riding on, s. 72, p. 56, 57.
FOOTWAY. See Tit. HIGHWAY. PASSAGE.
width of, s. 80, p. 65, 66.
not to be made or formed without consent of vestry, s. 80. p. 66.
penalty on surveyor for damaging, in digging for materials, s. 57, p. 45. FORFEITURE, See Tit. SUMMONS. incurred under repealed Acts, may be recovered, s. 3, p. 3, 4. to be recovered by distress and sale of goods of offender, s. 103, p. 83, &c.
application of, s. 103, p. 85, &c.
of proceedings, provision for, s. 118, p. 97.
of notice to party of his having been elected surveyor. Sched.
appointment of surveyor with salary. appointment of surveyor by Justices. notice of intention to make highway.
No. 1, p. 6 (a).
Sched. No. 2, p. 8 (a). Sched. No. 3, p. 9 (a). Sched. No. 6, p. 16 (a).
certificate of Justices of highway having been made in a sub- stantial manner, &c. Sched. No. 7, p. 16 (b).
notice to remove snow, &c. Sched. No. 8, p. 18 (b).
rate. Sched. No. 9, p. 20 (b).
allowance of rate, p. 19 (b).
information for non-payment of poor rate, p. 27, in notes.
summons thereon. Id ibid.
warrant of distress thereon. Id ibid.
return to warrant, p. 28, in notes.
commitment thereon. Id ibid.
weekly accounts. Sched. No. 5, p. 33 (a).
return of state of roads, &c. Sched. No. 9, p. 37 (a). licence for a surveyor to dig, &c. materials.
p. 41 (a). licence to get materials, &c. in another parish. Sched. No. 11, p. 43 (a).
information to enable Justices to fix boundaries of highways. Sched. No. 12, p. 47 (a).
summons to be subjoined to copy of information. Sched. No. 13, p. 48, in notes. final order and adjudication to be filed with clerk of peace. Sched. No. 14, p. 48, in notes. notice for surveyor to remove nuisances. Sched. No. 15,
p. 59 (a). information and conviction of driver, &c., s. 78, p. 64 (a). warrant to apprehend driver of waggon, &c., for riding thereon. p. 64 (b). order of Justices for widening highway. Sched. No. 16, p. 67, (a). consent of owner of land through which new highway is to be made. Sched. No. 18, p. 67 (b). certificate from Justices to quarter sessions. Sched. No. 17, p. 68 (a). notice of diverting, &c. highway. Sched. No. 19, p. 71 (b).
summons to attend Justice. Sched. No. 20, p. 83 (b). information, Sched. No. 21, p. 85 (a).
conviction, Sched. No. 22, p. 85 (b).
warrant to distrain. Sched. No. 23, p. 86. in notes. return to warrant. Sched. No. 24, p. 87. in notes.
commitment for want of distress. Sched. No. 25, p. 87. in notes.
rates and proceedings, &c. not to be quashed for want of s. 107, p. 90.
penalty for playing at any, on highway, s. 72, p. 57. GATES
to be erected by proprietors of railways, where they cross highways, s. 71, p. 56. width of, across public cartways and horseways, s. 81, p. 66. mode of proceeding, if not of sufficient width. Id. Ibid. GIPSEY, penalty for pitching tent, stall or stand upon highway, s. 72, p. 57. GRADUATED POSTS, penalty for pulling down, obliterating or defacing, s. 72, p. 57. GUARDIANS
of persons under legal disability, &c. may renounce damages, s. 49, p. 39. GUN. See Tit. FIRE.
power of surveyor to make, &c. in and through adjoining land, s. 67, p. 53, 54.
owner of land not to alter, &c. s. 68, p. 54.
penalty for pitching tent, stall or stand upon highway, s. 72, HAY. See Tit. TIMBER.
mode of proceeding if highway is prejudiced by, s. 65, p. 52. if order of justices not complied with, surveyor may cut, &c.
justices may levy expences of cuttting, &c. s. 65, p. 53. time of cutting, &c. s. 66, p. 54.
penalty for pitching tent, stall or stand upon highway, s. 72,
p. 57. HIGHWAY. See Tit. FOOTBALL. GAME. GIPSEY. HAWKER.
to mean roads, bridges, (not being county bridges) carriage- ways, cartways, horseways, bridleways, footways, cause- ways, churchways, and pavements, s. 5, p. 5.
surveyor to repair, &c. s. 6, p. 6.
at ends of bridges, built after passing of Act, how to be re- paired, s. 21, p. 15. parishes when liable to repair new highways, s. 23, p. 15. notice of intention to dedicate highway to public, to be given to surveyor, s. 23, p. 16. justices to view road, &c. and give certificate, s. 23, p. 16. justices at special sessions, if applied to, to determine utility of new highway, s. 23, p. 17. when repairing, temporary road may be made, s. 25, p. 18. impediment or obstruction in, from snow, &c. to be removed by surveyor, s. 26, p. 18.
rate for repair of. See Tit. RATE. account of tools, &c. for repair of, to be kept, s. 40, p. 32. surveyor may contract for the purchasing, &c. materials, &c. for use of, s. 46, p. 37, 38. penalty for taking away materials, &c. belonging to sur- veyor, s. 47, p. 38, land allotted to parish for repair of, under enclosure Act, if exhausted, may be sold, s. 48, p. 38, 39. persons enfeoffed with lands for maintenance of, how to let same, s. 50, p. 39, 40.
penalty on surveyor for damaging, in digging for materials, s. 57, p. 45.
when it lies in two parishes, justices to determine what parts shall be repaired by each, s. 58, p. 45, &c. parish, &c. bound to repair part so allotted, s 59, p. 48. how costs of proceedings shall be defrayed, s. 60, p 49. repaired by party ratione tenure, &c. may be made a parish highway, s. 62, p. 49. justices to fix proportion of expences of repairs, s. 62, p. 50. mode of application of money. Id. Ibid.
what shall be deemed the centre of, s. 63, p. 51. no tree, shrub or bush allowed to be planted on carriageway, &c. or within 15 feet of centre thereof, s. 64, p. 51. mode of proceeding if highway is prejudiced by trees or hedges. s. 65, p. 52, 53,
surveyor to make and keep open ditches, &c. and to lay trunks, tunnels, &c. in and through lands adjoining to highway. s. 67, p. 53, 54.
encroachment on, penalty for, s. 69, p. 54. steam engine, &c., not to be erected within certain distance of carriageway or cartway, s. 70, p. 55. proprietors of railways to erect gates, &c., where they cross highways, s. 71, p. 55.
penalty for tethering any horse, ass, mule, swine, or cattle
penalty for causing injury or damage to, s. 72, p. 57. wilfully obstructing passage of. Id. ibid.
if nuisance be committed on highway, same to be removed on notice, &c., s. 73, p. 58. surveyor to impound cattle found straying on, s. 74, p. 59. when not of sufficient breadth may be ordered by Justices to be widened, s. 82, p. 66, &c.
surveyor to agree with owner of land for re- compense, and if they cannot agree the same to be assessed at quarter sessions,
s. 82, p. 67, &c. on payment of money assessed, ground to be deemed public highway, s. 82, p. 69. when there is not money sufficient, further rate may be made, &c. Id. ibid.
costs of proceedings by whom payable, s. 83, p.70 previous to highway being stopped up, diverted or turned, sur- veyor to request justices to view same, s. 84, p. 70, 71. proceedings for diverting and turning highways or stopping up unnecessary highways, s. 85, p. 71.
surveyor to affix notice on side of highway, and insert same in newspaper, &c. s. 85,
p. 71, 72. on proof of publication of notice and place being delivered to justices, they shall grant cer- tificate of having viewed highway, &c. Id. ibid.
contents of certificate. Id. ibid. certificate and plan, &c., to be deposited with clerk of peace and read in open court. Id. ibid. certificate and plan may be inspected on appli- cation to clerk of peace, s. 85, p. 73. as to stopping up more than one highway connected together, s. 86, p. 74. court may confirm order for so doing wholly or in part, s. 87, p. 74, persons aggrieved if highway should be ordered to be stopped up, &c., may appeal, s. 88, p. 74, 75. in case of appeal, jury at sessions to determine whether new highway is nearer, &c., s. 89,
p. 75. costs to be awarded in appeal against stopping up, &c., highway, s. 90, p. 76. if no appeal be made, or if dismissed, sessions to make order for diverting, &c., and old ways may be stopped, s. 91, p 76. new highways, to be considered afterwards as public highways, s. 91, p. 76.
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