to the common gaol or house of correction, there to be kept to hard labour, for any time not exceeding three months, or to proceed against him for the penalty aforesaid by a description of his person and the offence only, without adding any name or designation, but expressing in the proceedings that he rerefused to discover his name (a).

unknown of

79. And whereas offences may be committed against this For securing Act by persons whose names are unknown to the surveyor, fenders. assistant surveyor, or district surveyor; Be it therefore Enacted, That it shall be lawful for the surveyor, assistant surveyor, or district surveyor, or any person acting under his authority, and such other person as he shall call to his assistance, or any other person witnessing the commission of the offence, without any other authority than this Act, to seize and detain such unknown person who shall commit any such offence, and take him forthwith before any Justice of the Peace, who shall proceed and act with respect to such offence according to the provisions of this Act (b).

be twenty feet wide, horseways eight feet, and footways three feet.

80. And be it further Enacted, That the said surveyor shall Cartways to and he is hereby required to make, support, and maintain, or cause to be made, supported, and maintained, every public cartway leading to any market town twenty feet wide at the least, and every public horseway eight feet wide at the least, and to support and maintain every public footway by the side of any carriageway or cartway three feet at the least, if the ground between the fences including the same will admit thereof (c): Provided nevertheless, that nothing herein con- Not to make tained shall require any surveyor to make or form any footway, with

(a) Taken from 13 Geo. 3. c. 78. s. 60, with some alterations. And see 1 Geo. 1. st. 2. c. 57. s. 8., 24 Geo. 2. c. 43. s. 8, 9., and 30 Geo. 2. c. 22. s. 7, 12. as to misbehaviour of drivers, &c. in London and Westminster For the enactments relative to misconduct of drivers of public coaches and the provisions of the Stat. 1 Geo. 4. c. 4. for punishing persons occasioning accidents by furious driving. See Burn's Justices, tit. 'STAGE COACHES."

(b) This is a new provision and taken from 3 Geo. 4. c. 126. s. 140. (c) Same as 13 Geo. 3. c. 78. s. 15.

F

out consent of public footway without the consent of the inhabitants in inhabitants. vestry assembled.

Width of gates

81. And be it further Enacted, That if any gate across any cartways and public cartway shall be less than ten feet wide, or any gate

across public

horseways.

across any public horseway shall be less than five feet wide, clear between the posts thereof, then and in every such case, upon notice in writing from the surveyor to the person to whom such gate shall belong, left at the dwelling house of such person or his steward or agent, requiring him to enlarge the same, if such person shall neglect for the space of twentyone days after such notice shall have been left as aforesaid to remove or enlarge, such gate, he shall forfeit a sum not exceeding ten shillings for every day he shall neglect to remove or to enlarge such gate as aforesaid (a).

82. Provided always, and be it further Enacted, That where it shall appear, upon the view of two Justices of the Peace, that any highway is not of sufficient breadth, and might be widened and enlarged, such Justices shall and they are hereby empowered, within their respective divisions, to order such highway respectively to be widened and enlarged in such manner as they shall think fit, so that the said highway, when widened and enlarged, shall not exceed thirty feet in breadth; and that neither of the said powers do extend to pull down any house or building, or to take away the ground of any garden, lawn, yard, court, park, paddock, planted walk, plantation, or avenue to any house, or any inclosed ground set apart for building ground or as a nursery for trees; and for the satisfaction of the person, body politic or corporate,

(a) This is a new provision. A gate erected in a highway is a common nuisance, because it interrupts the people in that free and open passage which they before enjoyed, and were lawfully entitled to; but when such a gate has continued time out of mind, it shall be intended that it was set up at first by consent, on a composition with the owner of the land on the laying out the road, in which case the people had never any right to a freer passage than what they still enjoy. 1 Hawk. P. C. c. 75. s. 9, 12. c. 76. s. 50. A gate erected by trustees of a turnpike road, without authority, may be removed by a magistrate, but not by others. See 3 Geo. 4. c. 126. s. 121. See also as to gates opening into a turnpike road, 3 Geo. 4. c. 126. s. 125.

agree with owners oflands

pence, and if

agree the same may be assessed

who is seised or possessed of or interested in their own right, Surveyor to or in trust for any other person, in the said ground that shall be laid into the said highway respectively so to be widened for recomand enlarged, the said surveyor, under the direction and with they cannot the approbation of the said Justices in writing (a), shall and is hereby empowered to make an agreement (b) with him for the by a Jury at the quarter recompense to be made for such ground, and for the making sessions. such new ditches and fences as shall be necessary, according and in proportion to their several and respective interests therein, and also with any other person, body politic or cor

(a) Form of order of two Justices for widening a highway. Sched.

No. 16.

WE,
Justices of the Peace for the said county, acting within the
[hundred, &c.] of

and

two of His Majesty's

within the said county, of the highway between

yards or thereabouts,

(to wit.)
having, upon view, found that a certain part
in the [parish, &c.] of
in the said [hundred], for the length of
and particularly described in the plan bereunto annexed, is for the greatest
part thereof narrow, but may be conveniently enlarged and widened by
adding thereto from the lands and grounds of
and
of the length of

yards or thereabouts, and
of the breadth of
feet or thereabouts, particularly described in
the plan hereunto annexed, which we think will widen and enlarge the
same, and be much more commodious to the public, do hereby order,
that the said highway be widened and enlarged accordingly, and that the
surveyor [or surveyors] of the [parish, &c.] of

where the said old highway lies, do forthwith proceed to treat and make
agreement with the said
and
for the recompense

to be made for the said ground, and for the making such ditches and
fences as shall be necessary, in such manner, with such approbation, and
by pursuing such measures and directions in all respects as are warranted
and prescribed by the statute made in the fifth and sixth year of the reign
of King William the Fourth, intituled "An Act," &c.; and in case such
agreement shall be made as aforesaid, we do order an equal assessment,
not exceeding the rate of
in the pound, to be made, levied, and
collected upon all and every the parties liable to the payment of the
highway rate in the said [parish, &c.] of
and that the money
arising thereupon be paid and applied in making such recompense and
satisfaction as aforesaid, pursuant to the directions of the said Act.

A. B.
C. D.

(b) Form of consent from the owner of the land through which a new highway is proposed to be made. Sched. No. 18.

being the owner of the lands described in the plan hereunto annexed, through which part of a certain highway lying between

and

of the sum of

is intended to be diverted and turned, in consideration to be paid to me for the said land and soil thereof, do hereby consent to the making and continuing such new highway through my said lands. Given under my hand this

day of

one thousand eight hundred and

porate, that may be injured by the widening and enlarging such highway, for the satisfaction to be made to him respectively as aforesaid: and if the said surveyor, under the direction and with the approbation of the said Justices, cannot agree with the said person, body politic or corporate, or if he cannot be found, or shall refuse to treat or take such recompense or satisfaction as shall be offered to them respectively by such surveyor, then the Justices of the Peace at any general quarter sessions to be holden for the limit wherein such ground shall lie, upon certificate (a) in writing signed by the Justices making such view as aforesaid of their proceedings in the premises, and upon proof of fourteen days notice in writing having been given by the surveyor of such parish to the owner, occupier, or other person, body politic or corporate, interested in such ground, or to his guardian, trustee, clerk, or agent, signifying an intention to apply to such quarter sessions for the purpose of taking such ground, shall impannel a jury of twelve disinterested men out of the persons returned to serve as jurymen at such quarter sessions; and the said jury shall, upon their oaths, to the best of their judgment, assess the damages to be given and recompense to be made to the owners and others interested as aforesaid in the said ground for their respective interests, as they shall think reasonable, not exceeding forty years purchase for the clear yearly value of the ground so laid out, and likewise such recompense as they shall

(a) Form of certificate from the said Justices to the court of quarter Sched. No. 17.

sessions.

To the Justices of the Peace at their general quarter sessions to be
held at
in the said county, the
day
of
one thousand eight hundred and

WE, the within-named A. B. and C. D., do hereby certify to the said
court of quarter sessions, that we made and signed the within order, and
that with our approbation and by our direction the said surveyor [or sur-
veyors] has [or have] treated with the said
and

for the said lands required for the purposes aforesaid, but was not able to
make any agreement for that purpose with them or either of them, and
that he tendered to the said
the sum of
and to
the said
as a recompense for the
said ground, and for the making the said ditches and fences, which he
[or they and each of them] refused to receive.

the sum of

A. B.

C. D.

highway.

think reasonable for the making of new ditches and fences on the side of the said highway that shall be so widened and enlarged, and also satisfaction to any person, body politic or corporate, that may be otherwise injured by the widening and enlarging the said highways respectively; and upon payment On payment of or tender of the money so to be awarded and assessed to the money assessed, ground person, body politic or corporate, entitled to receive the same, to be deemed a public or leaving it in the hands of the clerk of the peace of such limit, in case such person, body politic or corporate, cannot be found or shall refuse to accept the same, for the use of the owner of or others interested in the said ground, the interest of the said person, body politic or corporate, in the said ground, shall be for ever divested out of them; and the said ground, after such agreement or verdict as aforesaid, shall be esteemed and taken to be a public highway to all intents and purposes whatsoever; saving nevertheless to the owner of such ground all mines, minerals, and fossils lying under the same which can or may be got without breaking the surface of the said highway, and also all timber and wood growing upon such ground, to be felled and taken by such owner within one month after such order shall have been made, or in default thereof to be felled by the said surveyor within the respective months aforesaid, and laid upon the land adjoining, for the benefit of the said owner; and where there shall not appear sufficient Where there is not money money in the hands of the surveyor for the purpose aforesaid, sufficient, a then the said two Justices in cases of agreement, or the said further rate court of quarter sessions after such verdict as aforesaid, shall by order of the direct the surveyor to make, collect, and levy an equal rate Justices at their quarter in the same manner as the rate by this Act authorized to be sessions, not made, and to pay the money to the person, body politic or exceeding one third of rate. corporate, so interested in such manner as the said Justices or court of quarter sessions respectively shall direct and appoint; and the money thereby raised shall be employed and accounted for, according to the order and direction of the said Justices or court of quarter sessions respectively, for and towards the purchasing the land to widen and enlarge the said highway, and for making the said ditches and fences, and also satisfaction for the damages sustained thereby; provided that no such

may be made,