s. 38.-Penalty for making default 11 Money to be levied by sale of goods, &c. of collector 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 .. s. 41. The property in all books, &c. to be vested in surveyor for the time being s. 42.--Surveyor, on quitting office, to deliver books, &c. to suc 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 Surveyors appointed under 13 Geo.3, to pass their accounts s. 45.-Justices to hold special sessions for the purposes of this Act terials Surveyor not to share in any contract, or let to hire any s. 47.-Penalty on taking away materials belonging to surveyor s. 49.-Tenant for life, &c. may renounce damages 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. ib. ib. p. 39 p. 39, 40 s. 51.-Materials where and in what manner to be taken by sur- Power to gather stones without making satisfaction, but s. 52.-Not to extend to sea beach, &c. 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, s. 56.-Penalty on surveyor allowing heaps of stone, &c. to remain 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 Proviso in case of highway repaired by party ratione te- 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. s. 63.-What shall be deemed the centre of the highway If order of Justices not complied with surveyor may cut, 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 s. 72.-Penalty on persons committing nuisances by riding on footpaths, &c. By injuring the road By damaging banks, causeways, direction posts, mile- p. 53, 54 ib. ib. ib. ib. 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 s. 74.-Surveyor to impound cattle found straying on highways 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 s. 78. Drivers of waggons or carts not to ride thereon unless some Drivers causing hurt or damage to others, or quitting the Penalty on driver not discovering his name s. 79. For securing offenders whose names are unknown.. 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 Surveyor to agree with owners of lands for recompense, .. Where there is not money sufficient, a further rate may be 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 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- 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. 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 If highway not in repair, penalty on surveyor, and Justices Penalty if order not complied with.. Proviso if highway out of repair is part of turnpike road s. 95.-Mode of proceeding if obligation to repair is disputed 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 p. 80, 81 s. 97.-Justices empowered to award costs to defendant, where information, &c. is withdrawn or dismissed.. How recoverable .. p. 81 s. 98.-Court may award costs to the prosecutor s. 99.-No presentment to be taken against inhabitants for high- s. 100.-Inhabitants and officers in parish where offences committed s. 101.-Justices may proceed by summons in the recovery of pe- If fines. &c. not paid, Justices may issue warrant of s. 104. Satisfaction recoverable for special damage; but distress not unlawful for want of form in the proceedings Plaintiff not to recover for irregularity if tender of amends s. 105.—Appeal may be made to quarter sessions against rate, &c.. s. 111-Expences for defending prosecutions agreed upon at a 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 s. 114.—Not to affect the Universities ib. ib. ib. ib. REFERENCE TO FORMS IN SCHEDULE TO ACT, &c. S. 6.-Notice to party of his having been elected Surveyor s. 10.-Appointment of surveyor with a salary (Sched. No. 2.) s. 11.-Appointment of surveyor by Justices (Sched. No. 3.) .. s. 23.-Notice of intention to make highway (Sched. No. 6.) Certificate of Justices of highway having been made in a substantial manner, &c. (Sched. No. 7.) s. 26.-Notice to remove snow, &c. (Sched. No. 8.) Commitment thereon when no distress can be found s. 45.-A schedule to be filled up by the surveyors of highways of all parishes, and presented by them, with their ac- counts, to the magistrates, at the end of every year s. 51.-Licence from Justices at special session for the highways for a surveyor to dig, &c. materials upon inclosed land for the repair of highways (Sched. No. 10.) s. 53.-Licence from Justices at a special sessions for the highways to get materials for the repair of the highways in another Final order and adjudication to be filed with the clerk of .. s. 73.-Notice from surveyor to remove nuisances (Sched. No. 15.) p. 59 s. 78.-Warrrant to apprehend the driver of a waggon, &c. for Warrant to distrain for forfeiture (Sched. No. 23.) |