Subject to
Appeal.

5

sum of Two shillings in the whole and no more: Provided always, That if any rated inhabitant has any complaint against such accounts or the application of the monies received by the said Waywardens, it shall be lawful for any such rated Inhabitant to make his complaint thereof to any Justice of the Peace within Ten days after the verification of such accounts as aforesaid, and the said Justice is hereby authorized and required to summon such Waywardens, requiring them to appear before any Two Justices on a certain day and at a certain place, to be mentioned in such summons, and at the return of the said summons the said Justices are hereby required to hear such complaint and to make 10 such order thereon as to them shall seem meet: Provided nevertheless, That the several Surveyors appointed under the authority of the said pass their Ac- Act passed in the thirteenth year of the reign of his late Majesty George the Third, shall produce such books and lists and pass their accounts before the Justices at a Special Sessions to be holden within their 15 respective divisions in the week next after that in which the Twenty-fifth day of March shall be in the year of our Lord one thousand eight hundred and thirty-two, and pay the balances thereof to the Waywardens to be chosen in pursuance of this Act, in the same manner as they would have done to the Surveyors to have been appointed if this Act had not 20 been made.

Surveyors appointed under 13 Geo. 3. to

count at Special Sessions after Ladyday 1832.

13 Geo. 3. c. 78. § 84.

Justices may

hold and adjourn Special

Sessions when

they think fit,

on giving no

tice to other Justices.

Materials, where and in what manner

to be taken by

Waywardens

without mak

ing satisfac

tion, but satis

faction to be

made for Da

mages done by carrying them away.

13 Geo. 3. c. 78. § 27.

And be it further Enacted, That it shall and may be lawful for the Justices of the Peace within their respective divisions, or any two or more of them, and they are hereby required, to hold a Special Sessions in the week next after that in which the Twenty-fifth day of March shall 25 be in every year, to swear the said Waywardens to the truth of their accounts as aforesaid, and to adjourn the same from time to time as they shall think fit, and to fix any other Special Sessions for executing the purposes of this Act, causing notice to be given of the time and place of holding such Special Sessions, and of the adjournment thereof, to the several Justices acting and residing within such limits.

30

AND for the better repairing and keeping in repair the said Highways, and providing of Materials for that purpose; BE it Enacted, That it shall and may be lawful to and for every Waywarden nominated and elected as aforesaid, to take and carry away so much of the rubbish or 35 refuse stones of any quarry lying and being within the parish where he shall be Waywarden (except such as shall have been got by the Surveyor of any Turnpike Road) without the license of the owner of such quarries, as they shall judge necessary for the amendment of the said Highways, but not to dig or get stone in such quarry without license of the 40 owner thereof; and also that it shall and may be lawful for every such waywarden, for the use aforesaid, in any waste land or common ground, river or brook, within the parish for which he shall be waywarden, or within any other parish wherein gravel, sand, chalk, stone

or

5

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 waywarden do 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 feet above or below any bridge, nor within the like distance of any dam or wear; and likewise to gather stones lying 10 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 the said Waywarden shall think 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, 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 a license from any Two Justices of Peace for 20 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 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 25 grant such license.

15

30

Provided always, and be it further Enacted, That nothing in this Act contained relative to the gathering or getting of Stones, shall extend to any quantity of land (being private property) covered with stones thrown up by the sea, commonly called Beach.

Materials can

If sufficient not be found in waste lands, &c. the Way

warden may take them

from several lands or grounds, and making satisOwners.

inclosed

faction to the

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 other materials, if sufficient cannot conveniently be had within such waste land, common grounds, rivers or brooks, in and through any of the 35 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 adjoining or lying near to the Highway for which such materials shall be required, if it shall appear to such Justices that sufficient materials c. 78. § 29. 40 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 of the parish where the same shall be (such lands or grounds not being a garden, yard, avenue to a house, lawn, park, paddock or inclosed

30.

B 4

plantation,)

ner Satisfac

tion is to be

settled.

Clay may be got and burnt Into Materials

for repairing the Highways.

5

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 satisfaction 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 In what man- ground respectively; and in case they cannot agree, then such satisfaction and recompense shall be settled and 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, 10 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 upon the land adjoining, and to burn the same upon any waste land or common ground, and to carry such clay in such manner as other materials are 15 allowed to be carried by this Act, upon making such satisfaction for the damages within the several inclosed lands or grounds where such clay shall be placed or carried, as herein directed with regard to other materials; provided that when the owner of any such inclosed land shall have occasion for any such materials lying within the same, for the 20 repair of any Highway or other road or ways upon his estate, or which he shall be under obligation to repair, and shall give notice to such Waywarden that he apprehends there will not be sufficient for those purposes and also for the use of the public Highways, then and in every such case the Waywarden shall not be permitted to dig or take such materials 25 without the consent of such owner, or an order of Two Justices of the Peace, after having summoned and heard the said owner or occupier, or his steward or agent, and the said Justices are hereby authorized to inquire into the nature and circumstances of the case, and to permit or restrain such power in such manner and under such directions as to 30 them shall seem just.

If the Waywarden shall

make pits or holes in get

And be it further Enacted, That if any Waywarden shall, by reason of the searching for, digging or getting any gravel, sand, stones, chalk, clay or other materials for repairing any Highways, make or cause to he shall cause be made any pit or hole in any such lands or grounds, rivers or brooks 35 as aforesaid, wherein such materials shall be found, such Waywarden

ting Materials,

them to be

filled up or

fenced off, and

in like manner all those pits,

&c. already made, or for

feit 10 s. for

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 every neglect, shall be opened or made, where no gravel, stones or materials shall be 40 and for every found, cause the same to be forthwith filled up, levelled and covered

neglect after notice given, a sum not ex

ceeding 104 nor less than 40s.

13 Geo. 3. c. 78. §31.

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, sloped down or fenced off, and so continued; and every Waywarden

shall

5

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 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 shall neglect to fence off such pit or hole, or 10 to slope down the same as herein before directed, for the space of Six

days after he or they 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 aforesaid, and such 15 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 by such Justices, and be laid out and applied to the fencing off, filling up or sloping down such pit or hole, 20 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 directed to be levied.

And be it further Enacted, That if any Waywarden shall dig or 25 cause to be dug materials for the Highways, whereby any Bridge, Mill, Building, Dam, Highway, Ford, Mines or Tin-works may be damaged or offender therein shall forfeit for every such offence on endangered, every offender therein shall forfeit for conviction any sum not exceeding Five pounds nor less than Twenty shillings, at the discretion of the Justices before whom the complaint

30 thereof shall be made.

And be it further Enacted, That in every parish the Waywardens shall and are hereby required to contract for the getting and carrying of the stone, gravel, chalk or other materials required for the repair of the Highways; and if any Waywarden shall have any part share or 35 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 any of the Highways 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 40 materials to be used or employed in making or repairing such Highways or other works as aforesaid, (unless a license in writing for the 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

10.

C

incapable

Waywardens
to employ
Paupers as
Labourers.

Land allotted

to the parish

for Materials,

when exhaust ed may be sold.

Proprietors of entailed Estates may

mages.

incapable of being employed as a Waywarden under the authority of this Act.

5

And be it further Enacted, That the Waywardens shall, previous to the hiring or employing any person in the repair of the Highways, or in getting materials for such purpose, first apply to the Overseers of the said parish, to ascertain whether there are any persons then receiving relief from the said parish, who could be employed for the purposes aforesaid; and if upon such inquiry the Waywardens should ascertain that there were any such persons, then the said Waywardens shall and they are hereby required to hire and employ so many of them as may 10 from time to time be necessary in and about the repairs of the said Highways, or in getting such materials as aforesaid.

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 15 materials for the repair of the Highways 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 Waywardens of the parish for the time being, and they are hereby authorized and required, with the consent in writing of any Two Justices 20 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 25 consent as aforesaid to purchase other lands in lieu thereof, or to apply the money arising from such sale in aid of the Highway rate.

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 renounce Da- under any legal disability or incapacity, to give up and renounce every 30 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 shall be equally binding on the heirs and successors of such persons.

Persons enfeoffed with Lands for maintenance of Causeways, &c. shall let

them to farm at the most improved value, with consent of Justices.

And be it further Enacted, That when any lands or tenements have 35 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 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

40