highways, &c. and disposed of for no other use, intent, or purpose what shall let them to farm at the soever, all persons who are or shall be enfeoffed or trusted most improved with any such lands or tenements shall and they are hereby value with consent of Justices. Materials where and in what manner authorized and required to let them to farm at the most improved yearly value, without fine, for any term not exceeding ninety-nine years: Provided nevertheless, that previous to the granting of such lease the consent of the Justices at a special sessions for the highways, neither of such Justices being interested therein, by writing under their hands, shall be obtained as to the amount of rent to be received and the duration of the term. 51. And be it further Enacted, That it shall and may be lawful for such every surveyor, in waste land or common any to be taken by ground, river or brook, within the parish for which he shall surveyors. Power to gather stones without making satisfaction, but satisfaction to be made for damages done by carrying them away. be surveyor, or within any other parish wherein gravel, sand, stone, or other materials are respectively likely to be found, (in case sufficient cannot be conveniently had within the parish where the same are to be employed, and sufficient shall be left for the use of the roads in such other parish,) to search for, dig, get, and carry away the same, so that the said surveyor doth not thereby divert or interrupt the course of such river or brook, or prejudice or damage any building, highway, or ford, nor dig or get the same out of any river or brook within the distance of one hundred and fifty feet above or below any bridge, nor within the like distance of any dam or wear; and likewise to gather stones lying upon any lands or grounds within the parish where such highway shall be, for such service and purpose, and to take and carry away so much of the said materials as by the discretion of the said surveyor shall be thought necessary to be employed in the amendment of the said highways, without making any satisfaction for the said materials, but satisfaction shall be made for all damages done to the lands or grounds of any person or persons by carrying away the same, in the manner herein-after directed for getting and carrying materials in inclosed lands or grounds; but no such stones shall be gathered without the consent of the owner of such lands or grounds, or a licence for that pur pose from two Justices at a special sessions for the highways, after having summoned such owner to come before him, and heard his reasons, if he shall appear and give any, for refusing his consent (a). 52. Provided always, and be it further Enacted, That no- Not to extend to sea beach, thing in this Act contained relative to the gathering or getting &c. of stones or other materials shall extend to any quantity of stones or other materials thrown up by the sea, commonly called beach, where the removal of the same would cause any damage or injury by inundation to the (a) Form of licence from Justices at special sessions for the highways for a surveyor to dig, &c. materials upon inclosed lands, for the repair of highways. Sched. No. 10. (to wit.) To the surveyor of the parish of } To in the hundred of WHEREAS by an Act passed in the fifth and sixth year of the reign Justices of the Peace for the said county, and acting within the said day of one J.P. Notice to be given before materials are lands adjoining, or increased danger of encroachment by the sea (a). 53. And be it further Enacted, That it shall not be lawful for any surveyor, or any other person acting under the autaken from pri- thority of this Act, to dig, gather, get, take, or carry away vate lands, and any materials for making or repairing any highway out of or two Justices shall decide thereon. from any inclosed land or ground, until one calendar month's notice in writing, signed by the surveyor, shall have been given to the owner of the premises from which such materials are intended to be taken, or to his known agent, and to the occupier of the premises from which such materials are intended to be taken, or left at the house or last or usual place of abode of such owner or agent, and also of such occupier, to appear before the Justices at a special sessions for the highways, to show cause why such materials shall not be had therefrom; and in case such owner, agent, or occupier shall attend pursuant to such notice, but shall not show sufficient cause to the contrary, such Justices shall, if they think proper, authorize such surveyor or other person to dig, get, gather, take, and carry away such materials at such time or times as to such Justices shall seem proper; and if such owner, agent, or occupier shall neglect or refuse to appear by himself or his may be made. agent, the said Justices shall and may (upon proof on oath of If owner, &c. does not appear, order If sufficient materials cannot be found in waste lands, &c. surveyor may take them from several or inclosed the service of such notice) make such order therein as they shall think fit as fully and effectually to all intents and purposes as if such owner or occupier, or his agent, had attended. 54. And be it further Enacted, That it shall be lawful for every such surveyor, for the use aforesaid, by licence in writing from the Justices at a special sessions for the highways, to search for, dig, and get materials, if sufficient cannot be had conveniently within such waste lands, common grounds, rivers, or brooks, in or through any of the several or inclosed lands or grounds of any person whomsoever (such lands or grounds (a) Taken from 13 Geo. 3. c. 78, s. 28. lands or grounds. not being a garden, yard, avenue to a house, lawn, park, paddock, or inclosed plantation, or inclosed wood not exceeding one hundred acres in extent,) within the parish where the same shall be wanted, or within any other parish adjoining or lying near to the highway for which such materials shall be required, if it shall appear to such Justices that sufficient materials cannot be conveniently had in the parish where such highways lie, or in the waste lands or common grounds, rivers or brooks of such adjacent parish, and that a sufficient quantity of materials will be left for the use of the parish where the same shall be, and to take and carry away so much of the said materials as by the discretion of the said surveyor shall be thought necessary to be employed in the amendment of the said highways; the said surveyor making such satisfaction for Making satisthe materials which may be got or taken away, and also for the damage done to such lands or grounds by the getting and carrying away the same, as shall be settled and ascertained by order of the Justices at a special sessions for the highways(a). (a) Form of licence from Justices at a special sessions for the highways to get materials for the repair of the highways in another parish besides that wherein such materials are to be employed. Sched. No. 11. (to wit.) за in At a Special Sessions for the Highways held at tices of the Peace for the said County acting within the said day of It appearing to us, upon evidence this day received, that sufficient ma- of the highways within the said [parish], nor in the waste lands, common adjoining to we do hereby give our licence to the surveyor [or surveyors] of the said [parish] of to search for, dig, get, and carry materials within the inclosed lands or grounds of C. D. within the said [parish] of to be employed in the repair of the highways within the said [parish] of it appearing from evidence before us, that there are proper materials within the said lands for the purposes aforesaid lying convenient to the said highways, and that after such materials shall be so taken there will be sufficient left for the use of the highways within the said parish of upon the said surveyor [or surveyors] making satisfaction for the same, and also for the damage done to such lands, in the manner directed by the Act made and passed in the fifth and sixth year of the reign of King William the Fourth, intituled, "An Act," &c. [here set out title of Act,] subject to such restrictions as are therein contained. Given under our hands the day and year above written. J. P. faction to owners. K. P. If surveyor shall make pits or holes in getting materials, he shall cause them to be filled up or fenced off. and in like manner all made. 55. And be it further Enacted, That if any surveyor or person employed by him shall, by reason of the searching for, digging, or getting any materials for repairing any highways, make any pit or hole in lands, common grounds, rivers, or brooks as aforesaid wherein such materials shall be found, he shall forthwith cause the same to be sufficiently fenced off, and such fence supported and repaired during such time as the said pit or hole shall continue open, and within three days after such pit or hole shall be opened or made, where no materials shall be found, cause the same to be forthwith filled up, levelled, and covered with the turf or clod which was dug out of the same, and where any such materials shall be found, within fourteen days after having dug up sufficient materials in such pit or hole, cause the same to be filled up or sloped down, and fenced off, if required by the owner of the land or those already ground, and so continued; and every surveyor shall within twenty-one days after he shall have been appointed to that office cause all the said pits and holes which shall then be open and not likely to be further useful to be filled up or sloped down in manner aforesaid, and if they are likely to be further useful he shall secure the same by posts and rails or other fences to prevent accidents to persons or cattle; and in case such surveyor or person shall neglect to fill up, slope down, or fence off such pit or hole in manner and within the time aforesaid, he shall forfeit the sum of ten shillings for every such default; and in case such surveyor or person shall neglect neglect herein. to fence off such pit or hole, or to slope down the same, as herein-before directed, for the space of six days after he shall have received notice for either of those purposes from any Justice of the Peace, or from the owner or occupier of such several ground, river, or brook, or any person having right of common within such common or waste lands as aforesaid, and such neglect and notice shall be proved upon oath before the Justices at a special sessions for the highways, such surveyor, person or persons, shall forfeit and pay any sum not exceeding ten pounds for such neglect, to be determined and adjudged by such Justices, and to be laid out and applied in the fencing off, filling up, or sloping down such pit or hole, Penalties on surveyor for |