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s. 38.-Penalty for making default

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Money to be levied by sale of goods, &c. of collector
If collector refuse to give accounts, &c.

Penalty not exceeding 201. or imprisonment, &c.

s. 39.-Separate accounts to be kept

page 30

s. 40.-Surveyor to keep books and account of monies received, &c. To be open to inspection of rated inhabitants

Penalty in case of neglect

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s. 41. The property in all books, &c. to be vested in surveyor for the time being

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s. 42.--Surveyor, on quitting office, to deliver books, &c. to suc

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s. 43.-In case of death of surveyor, executors to account s. 44.-A yearly account to be made by surveyor

And laid before vestry

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Surveyors appointed under 13 Geo.3, to pass their accounts
at special sessions after Lady-day, 1836

s. 45.-Justices to hold special sessions for the purposes of this Act
s. 46.-Surveyor may contract for purchasing and carrying ma-

terials

Surveyor not to share in any contract, or let to hire any
team, or dispose of any timber, stones, &c., without
licence from two Justices

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s. 47.-Penalty on taking away materials belonging to surveyor
s. 48.-Land allotted to the parish for materials, when exhausted,
may be sold

s. 49.-Tenant for life, &c. may renounce damages
s. 50.-Persons enfeoffed with lands for maintenance of highways,
&c. shall let them to farm at the most improved value
with consent of Justices

P. 31

ib.

ib.

p. 32

ib.

ib.

ib.

P. 34

ib.

ib.

ib.

P. 35 ib.

ib.

P. 36

ib.

ib.

p. 37

P. 38

ib.

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p. 39

p. 39, 40

s. 51.-Materials where and in what manner to be taken by sur-
veyors

Power to gather stones without making satisfaction, but
satisfaction to be made for damages done by carrying
them away

s. 52.-Not to extend to sea beach, &c.

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s. 53. Notice to be given before materials are taken from private lands, and two Justices shall decide thereon

If owner, &c. does not appear, order may be made

s. 54.-If sufficient materials cannot be found in waste lands, &c. surveyor may take them from several or inclosed lands or grounds

Making satisfaction to owners

p. 42, 43

s. 55. If surveyors shall make pits or holes in getting materials,
he shall cause them to be filled up or fenced off
And in like manner all those already made
Penalties on surveyor for neglect herein

s. 56.-Penalty on surveyor allowing heaps of stone, &c. to remain
on highway at night

s. 57. Surveyor damaging mills, dams, &c. by digging materials, to forfeit not exceeding 51.

s. 58. Where a highway lies in two parishes, Justices to determine
what parts shall be repaired by each

Proviso in case of highway repaired by party ratione te-
nuræ, &c.

s. 59.-Parishes, &c. bound to repair the part so allotted

P. 43

p. 44

ib.

ib.

p. 45

ib.

ib.

ib.

P. 47

P. 48

page 49

ib,

ih.

P. 50 ib.

P, 51

ib.

ib.

p. 52

ib.

p. 53

lb.

s. 60.-How costs of proceedings shall be defrayed

s. 61.-Boundary of counties, &c. not to be changed, except for

s.

the purpose aforesaid

62.-Highway repaired by party, ratione tenura, &c. may be made a parish highway

Justices to fix proportion of expences of repair

Proviso when sum paid in discharge of claims exceeds 1001.
If it does not exceed 100%.

s. 63.-What shall be deemed the centre of the highway
s. 64. No tree, shrub, or bush, allowed to be planted on carriage-
way, &c. or within 15 feet of centre of carriageway, &c.
s. 65.-Mode of proceeding if highway is prejudiced, &c. by
hedges, &c.

If order of Justices not complied with surveyor may cut,
&c. trees

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Surveyor to make and keep open ditches, &c. and to lay trunks, tunnels, &c. in and through lands adjoining highway, paying damage for same, if any incurred s. 68.-Owner, occupier, &c. not to alter such ditches, &c. s. 69.-Penalty for encroaching on highway

Encroachment to be taken down by the surveyer..

s. 70.-Steam engines, &c. not to be erected within a certain distance of roads

s. 71.-Proprietors of railways to erect gates, &c. where they cross

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s. 72.-Penalty on persons committing nuisances by riding on footpaths, &c.

By injuring the road

By damaging banks, causeways, direction posts, mile-
stones, &c.

p. 53, 54

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s. 77. One driver may take charge of two carts, provided they are drawn only by one horse each

s. 73.-Matters laid on or near highway, so as to be a nuisance, to be removed on notice; or on failure, surveyor to dispose of same by order of a Justice

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s. 74.-Surveyor to impound cattle found straying on highways
Charges, &c. to be settled by Justices
When Justices may remit penalty

Limiting the extent of penalty

Right of pasturage not taken away

s. 75.-Punishing persons guilty of pound-breach..

s. 76. For discovering of offenders, names of owners to be painted on waggons, &c. in the manner herein mentioned

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s. 78. Drivers of waggons or carts not to ride thereon unless some
other person on foot guide them..

Drivers causing hurt or damage to others, or quitting the
road, or driving carriage without owner's name, or not
keeping the left or near side, or interrupting free passage,
if not the owner to forfeit 20s.; if he be the owner, 40s. p. 63
Penalty for driving furiously

Penalty on driver not discovering his name

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s. 79. For securing offenders whose names are unknown..
s. 80.-Cartways to be twenty feet wide, horseways eight feet,
and footways three feet

s. 80. Not to make footway, without consent of inhabitants s. 81.-Width of gates across public cartways and horseways s. 82.-Justices may order narrow highways to be widened

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Surveyor to agree with owners of lands for recompense,
and if they cannot agree the same may be assessed by a
Jury at the quarter sessions.
On payment of money assessed, ground to be deemed a
public highway

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Where there is not money sufficient, a further rate may be
made, by order of the Justices at their quarter sessions,
not exceeding one third of rate.

s. 83.-Cost of proceedings, by whom payable

s. 84.-Previous to highway being stopped up, &c. surveyor to request Justices to view same

s. 85.-Proceedings for diverting, &c. certain highways, and stopping up unnecessary highways

..

Surveyor to affix notice on side of highway and insert same
in newspaper

And on door of church

P. 67

p. 69

ib.

P. 70

ib.

p. 71

p. 71, 72 P. 72

On proof of publication of notices, and plan being deliver-
ed to Justices, they shall grant certificate of having
viewed highway, &c.

Contents of certificate

Certificate and plan, &c. to be deposited with clerk of

peace, and read in open court

Liberty to inspect certificate, &c.

s. 86. As to stopping up more than one highway connected together s. 87.-Court may confirm order for so doing wholly or in part .. s. 88.-Persons who may think themselves aggrieved if such highway should be ordered to be stopped up, &c. may appeal s. 89.-In case of appeal, jury at sessions to determine whether new highway is nearer, &c.

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s. 90.-Costs to be awarded in appeal against stopping up, &c. highway

s. 91.-If no appeal be made, or if dismissed, sessions to make order for diverting, &c. and the old ways may be stopped New highway shall afterwards continue a public highway, &c. s. 92.-Party liable to repair of old highways to repair new highways s. 93. Provisions as to widening, &c. highway to extend to highways which persons are bound to repair ratione tenuræ, &c. Justices to fix annual or other amount payable by party previously bound to repair

Order of Justices to be binding

s. 94.-Mode of proceeding before Justices if highway out of repair
Justices may appoint person to view highway

If highway not in repair, penalty on surveyor, and Justices
to make order for repair

Penalty if order not complied with..

Proviso if highway out of repair is part of turnpike road
In what cases Justices cannot interfere

s. 95.-Mode of proceeding if obligation to repair is disputed
Justices to direct indictment to be preferred.

Costs how paid

Indictment may be removed by certiorari

s. 96.-Fines, &c. for not repairing, &c. how to be applied

If fine, &c. levied on inhabitant how to be repaid to him
Justices to make order for payment

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p. 80, 81

s. 97.-Justices empowered to award costs to defendant, where information, &c. is withdrawn or dismissed..

How recoverable

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p. 81

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s. 111-Expences for defending prosecutions agreed upon at a
vestry meeting, how to be paid

s. 112. Not to interfere with the 57 Geo. 3. c. 29

Or provisions of local Act similar to this Act

s. 113.-Not to extend to turnpike roads, or to roads under
local Acts..

s. 114.—Not to affect the Universities

s. 115.-Nor the rights and liberties of the city of London

s. 116-Nor the councy of Montgomery Act-1 Geo. 4, c. 7

ib.

ib.

ib.

ib.

REFERENCE TO FORMS IN SCHEDULE TO ACT, &c.

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Final order and adjudication to be filed with the clerk of
peace (Sched. No. 14.)

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Warrant to distrain for forfeiture (Sched. No. 23.)
Return of the constable to be made upon the warrant of
distress when there are no effects (Sched No. 24.)
Commitment for want of distress (Sched. No. 25.)

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