5 any satisfaction for the said materials; but Satisfaction shall be made for all damages done to the lands or grounds of any person by carrying away any materials in the manner herein directed for getting and carrying materials in inclosed lands or grounds; but no such Stones shall be gathered without the consent of the occupier or owner of such lands or grounds, or their agent, or without a license from any Two Justices of the Peace for that purpose, after they shall have summoned such occupier, owner or agent to appear before them, to show cause why such license should not be granted; and if such occupier, owner or agent shall appear, and 10 give no satisfactory reason for refusing his consent, or if he does not appear, upon proof of his having been duly summoned, the said Justices shall grant such license. Provided always, and be it further Enacted, That nothing in this Act contained relative to the gathering or getting of Stones, shall extend to 15 any quantity of land (being private property) covered with stones thrown up by the sea, commonly called Beach. And be it further Enacted, That it shall and may be lawful for every such Waywarden, for the use aforesaid, by license under the hand of a Justice of the Peace, to search for, dig and get Sand, Gravel, Chalk, Stone, or 20 other materials, if sufficient cannot conveniently be had within such waste land, common grounds, rivers or brooks, in and through any of the several inclosed lands or grounds of any person whomsoever within the parish where the same shall be wanted, or by license from Two Justices of the Peace at a Special Sessions, within any other parish 25 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 land or common grounds, rivers or brooks of such adjacent parish, and that a sufficient quantity of materials will be left for the use 30 of the parish where the same shall be (such lands or grounds not being a garden, yard, avenue to a house, lawn, park, orchard, paddock or inclosed plantation,) and to take and carry away so much of the said materials as the said Waywarden shall think necessary to be employed in the amendment of the said Highway, the said Waywarden making such 35 Satisfaction for the value of the materials, and for the damage to be done to such lands or grounds by the getting and carrying away the same, as shall be agreed upon between him and the owner, occupier or other person interested in such land or ground respectively; and in case they cannot agree, then such satisfaction and recompense shall be settled and 40 ascertained by order of Two Justices of the Peace of the Division where such land or ground shall lie; and in such place where, from the want of other materials, burnt Clay may be substituted in the place thereof, it shall and may be lawful for the Waywarden to dig Clay in such places as he is hereby authorized to dig chalk or gravel, and to dry the same 308. If the Waywarden shall make Pits or he shall cause them to be filled up or fenced off, and in like manner all those Pits, &c. already made, or forfeit 10s. for every neglect, and for every 13 Geo. 3. c. 78. § 31. upon the land adjoining, and to burn the same upon any waste land or 25 And be it further Enacted, That if any Waywarden shall, by reason of the searching for, digging or getting any gravel, sand, stones, chalk, 20 ting Materials, clay or other materials for repairing any Highway, make or cause to be made any Pit or Hole in any such lands or grounds, rivers or brooks as aforesaid, wherein such materials shall be found, such Waywarden 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 shall within Three Days after such pit or hole shall be opened or made, where no gravel, stones or 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 suffi- 30 cient materials in such pit or hole, cause the same to be filled up, sloped down or fenced off; and every Waywarden shall within Twenty Days after he shall be appointed to the said 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 35 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 Waywarden shall neglect to fill up, slope down or fence off such Pit or Hole in manner and within the time aforesaid, he or they shall forfeit the sum of Ten Shillings for every such Offence; and in case such Waywarden 40 shall neglect to fence off such Pit or Hole, or to slope down the same as herein directed, for the space of Sir 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 land as as aforesaid, and such neglect and notice shall be proved upon oath before Two Justices of the Peace, such Waywarden shall forfeit and pay on conviction any sum not exceeding Ten Pounds nor less than Forty Shillings for every such neglect, to be determined and adjudged 5 by such Justices, and to be laid out and applied to the fencing off, filling up or sloping down such Pit or Hole, and towards the repair of the Roads in the parish where the Offence shall be committed, in such manner as the said Justices shall direct and appoint, which Forfeiture, in case the same be not forthwith paid, shall be levied as other forfeitures are herein 10 directed to be levied. 15 And be it further Enacted, That if any Waywarden shall dig or cause to be dug inaterials for the Highways, whereby any Bridge, Mill, Building, Dam, Highway, Ford, Mines or Tin-works may be damaged or endangered, he shall forfeit for every such Offence on conviction any sum not exceeding Five Pounds nor less than Twenty Shillings, at the discretion of the Justices before whom the Complaint thereof shall be made, in addition to any Civil Action to which he may make himself liable by such act. may contract and carrying 13 Geo. 3. Materials. c, 78. § 49. If the Way warden has a Contract, or shall let to Team, or sell or dispose of any Timber, Share in any hire any And be it further Enacted, That in every parish the Waywarden Waywarden 20 may and is hereby authorized to contract for the getting and carrying for getting of the Stone, Gravel, Chalk or other materials required for the repair of the Highway; and if any Waywarden shall have any part, share or interest, directly or indirectly, in any Contract or bargain for work or materials to be made, done or provided, upon, for or on account of 25 any of the Highway or other works whatsoever under his care or management, or shall upon his own account, directly or indirectly, let or hire any Team, or sell or dispose of any Timber, Stone, or other materials to be used or employed in making or repairing such Highway or other works as aforesaid, (unless a license in writing for the 30 sale of any such materials, or to let to hire any such team, be first obtained from Two Justices of the Peace) he shall forfeit for every such Offence on conviction the sum of Ten Pounds, and be for ever after incapable of being employed as a Waywarden with a salary under the authority of this Act. 35 40 And be it further Enacted, That if any person shall, without the consent of the Waywarden, take away Materials which shall have been gotten, dug or gathered for the repair or use of any Highway, or any materials out of any quarry which shall have been made, dug, or opened for the purpose of getting materials for any Highway, before the Waywarden and his workmen shall have discontinued working therein for the space of Six Weeks (except the owner of any private grounds, and person authorized by such owner to get materials in such quarry for his own private use and not for sale) every person so 308. Stones, &c. without li cense from Two Justices of Peace, forfeit 10l. and be incapable of being Waywarden with a Salary. he shall Land allotted to the parish for Materials, when exhausted may be sold. Proprietors of entailed Estates may renounce Damages. Persons enfeoffed with Lands for maintenance of Highways, &c. shall let them to farm at the most improved value, with consent of Justices. Highway lying in two Parishes, Two Justices to determine what parts shall be repaired by each. 34 Geo. 3. c. 64. § 1. offending shall for every such Offence forfeit and pay, on conviction thereof, any sum not exceeding Ten Pounds. AND whereas under Acts of Parliament heretofore made and which may hereafter be made for the inclosing of Waste Lands, parcels of Land have been and may be allotted to Parishes, for the purpose of obtaining 5 Materials for the repair of the Highway in such parish, and the Materials in such parcels of land have been and may be exhausted; BE it therefore Enacted, That in such cases it shall and may be lawful for the Waywarden of the parish for the time being, and he is hereby authorized and required, with the consent in writing of any Two Justices 10 of the Peace in Petty Sessions assembled, to sell and convey to some person whose lands adjoin thereto, if he be desirous of purchasing, if not, to any other person, the said parcels of Land from which the said Materials have been so exhausted as aforesaid, at and for such price as the said Justices may deem fair and reasonable, and with such consent as aforesaid to purchase other Lands in lieu thereof, or to apply the Money arising from such sale towards the repair of the Highway in such parish. 15 And be it further Enacted, That it shall be in the power of Proprietors of entailed Estates, and of all Trustees and Guardians of any person 20 under any legal disability or incapacity, to give up and renounce every claim of Damage or Compensation for such ground and materials as any Highway may occupy or require on their respective properties, and that such renunciation shail be equally binding on the heirs and successors of such persons: Provided nevertheless, That such Renunciation of 25 claim of Damage or Compensation be in writing, and signed by such Proprietor, Trustee or Guardian, in the presence of Two witnesses, and be inrolled at the Quarter Sessions which shall be held next after the signing thereof. And be it further Enacted, That when any Lands or Tenements have 30 been or shall be given for maintenance of Highways, all such Persons who are or shall be enfeoffed or trusted with any such lands or tenements, shall and they are hereby 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 35 granting of such lease, the consent of Two Justices in Petty Sessions, by writing under their hands, shall be obtained, as to the amount of Rent to be received and the duration of the term. AND whereas it frequently happens that the Boundaries of Parishes, pass through the middle of a common Highway, and one side of such 40 Highway is situated in one Parish and the other side in another Parish, whereby great inconveniences often arise in repairing the same; BE it. Enacted, 5 Enacted, That Two Justices, on complaint of any Waywarden of any Parish (stating in writing, and on a Plan thereunto annexed, that there is such a Highway, one side whereof ought to be repaired by one parish, and the other side by another, and particularly describing the same by metes, bounds and admeasurement thereof,) may issue their Summons, with a copy of such Writing and Plan thereunto annexed, to the Waywarden of such other parish, to appear before them on a day mentioned in such summons; and if the Parties appear, such Justices may then proceed finally to decide the matter in manner herein mentioned, 10 in case all the parties shall consent thereto; but in case the Waywarden summoned shall not appear on such first summons, or appearing shall require further time, such Justices shall adjourn the further consideration of the Matter for any further time, not more than Twenty-one Days nor less than Fourteen Days from the date of such a djounment, of which 15 the Waywarden not appearing shall have Notice, on which day the said Justices shall proceed to hear the parties and their witnesses, and whether the party summoned does or does not appear, shall proceed to examine and finally determine the Matter, in form following; (that is to say) That it shall and may be lawful for such Justices and they 20 are hereby required to divide the whole of such common Highway, by a transverse line crossing such Highway, into Two equal parts, or into Two such unequal parts and proportions as, in consideration of the soil, waters, floods and inequality of such Highway, or any other circumstances attending the same, they in their discretion shall think just and right, and to declare, adjudge and order that the whole of such Highway, on both sides thereof, in one of such parts, shall be maintained and repaired by one of such parishes, and that the whole thereof on both sides, in the other of such parts, shall be maintained and repaired by the other of such parishes; and shall cause such their 30 Order and a Plan of such Highway, and the allotment thereof as before mentioned, to be fairly delineated on paper or parchment and filed with the Clerk of the Peace of the county in which such Highway shall happen to lie, and shall also cause such Posts, Stones or other Boundaries to be placed and set up in such Highway, as in their 35 judgment shall be necessary for ascertaining the division and allotment thereof: Provided nevertheless, That in the case of any such lastmentioned Highway, the repair of any part of which belongs to any body politic or corporate, or to any person by the reason of tenure of any lands, or otherwise howsoever, the same proceedings may be 40 adopted, but the said body politic or corporate, or person, or some one on their behalf, may appear before such Justices, and object to such lastmentioned proceedings, in which case the said Justices shall, before they divide such Highway as aforesaid, hear and consider the Objection so made, and determine the same. 25 Proviso in way repaired by party ratione case of High tenuræ, &c. |