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lead; and also at the several approaches or entrances to Highways. ' such parts of any highways as are subject to deep or dangerous floods, graduated stones or posts, denoting the depth of water in the deepest part of the same, and likewise such direction-posts or stones as the said justices shall judge to be necessary, for the guiding of travellers in the best and safest track through the said floods or waters; and the said surveyor shall be reimbursed the expenses of providing and erecting the same respectively, out of the monies which shall be received by him or them, pursuant to the directions of this act; and in case any surveyors shall, by the space of three months after such precept to him directed and delivered, neglect or refuse to cause such stones or posts to be fixed, as aforesaid, every such offender shall forfeit the sum of twenty shillings.
XXVII. to XXXI. [Provide for the mode of obtaining materials.]
them to be
XXXI. And be it further enacted, that if any surveyor, If pits or or person employed by him, shall, by reason of the search- holes are ing for, digging, or getting any gravel, sand, stones, getting ma chalk, clay, or other materials for repairing any highways, terials, the make, or cause to be made, any pit or hole in any such surveyor lands or grounds, rivers or brooks, as aforesaid, wherein shall cause such materials shall be found, such surveyor, person or filled up or persons, shall forthwith cause the same to be sufficiently fenced off, fenced off, and such fence supported and repaired, during or forfeit 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 sufficient materials in such pit or hole, cause the same to be filled up, sloped down, or fenced off, and so continued; and every surveyor shall, within twenty days after he shall be appointed to that 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 surveyor, 10s. for person or persons, shall neglect to fill up, slope down, or every nefence off, such pit or hole, in the manner and within the time aforesaid, he or they shall forfeit the sum of ten shil- and for lings for every such default; and in case such surveyor, every neperson or persons, shall neglect to fence off such pit or glect after hole, or to slope down the same as hereinbefore directed, notice for the space of six days after he or they shall have re- given, ceived notice for either of those purposes from any justice of the peace, or from the owner or occupier of such several
a sum not
Highways. ground, river, or brook, or any person having right of common within such common or waste lands, as aforesaid, and such neglect and notice shall be proved upon oath before one or more of the said justices of the peace, such surveyor, person or persons, shall forfeit and pay any sum not exceeding ten pounds, nor less than forty shillings, for exceeding every such neglect; to be determined and adjudged by such justice or justices, and to be laid out and applied in the fencing off, filling up, or sloping down, such pit or hole, and toward the repair of the roads in the parish, township, or place, where the offence shall be committed, in such manner as the said justice or justices shall direct and appoint; which forfeiture, in case the same be not forthwith paid, shall be levied as other forfeitures are hereinafter directed to be levied.
10/., nor less than 10s.
Materials dug for the use of any
to be removed in
summer or hard frost.
Persons da maging
mills, buildings, dams,
&c. by dig
rials, forfeit not exceed
ing 51. nor less than 20s.
nalties, and forfeitures, how to be
levied and applied.
XXXII. Provided always, and be it further enacted, that no stone, gravel, or materials, to be dug for the use of any other parish, township, or place, than that wherein the same are found, shall be removed or carried from the place where they shall be so dug at any other time than between the first day of April and the first day of Novem. ber, or in the time of hard frost in the winter season.
XXXIII. And be it further enacted, that if any person shall dig, or cause to be dug, materials for the highways, contrary to the direction of this act, whereby any bridge, mill, building, dam, highway, ford, mines, or tin-works may be damaged or endangered, every offender therein shall forfeit, for every such offence, any sum not exceeding five pounds, nor less than twenty shillings, at the discretion of the court or justices before whom complaint thereof shall be made.
XLVII. And be it further enacted, that no fine, issue, penalty, or forfeiture, for not repairing the highways, or not appearing to any indictment or presentment for not repairing the same, shall hereafter be returned into the Court of Exchequer, or other court, but shall be levied by and paid into the hands of such person or persons residing in or near the parish, township, or place, where the road shall lie, as the court imposing such fines, issues, penalties, or forfeitures, shall order and direct, to be applied towards the repair and amendment of such highways; and the person or persons so ordered to receive such fine shall, and is hereby required to receive, apply, and account for the same, according to the direction of such court, or in default thereof, shall forfeit double the sum received; and if any fine, issue, penalty, or forfeiture, to be imposed on any such parish, township, or place, for not repairing the highways, or not appearing as aforesaid, shall hereafter be levied on any one or more of the inhabitants of such parish, township, or place, that then such inhabitant or inhabitants shall and may make his or their complaint to the jus
tices of the peace, at their special sessions, and the said Highways. justices are hereby empowered and authorized, by warrant under their hands and seals, to cause a rate to be made, according to the form and manner herein last before prescribed for the reimbursing such inhabitant or inhabitants the monies so levied on him or them as aforesaid; which rate so made, and confirmed by any two justices, shall be collected and levied by the surveyor of the highways of such parish, township, or place, so presented or indicted as aforesaid; and the said surveyor shall, within one month next after the making and confirming the rate aforesaid, collect, levy, and pay unto such inhabitant or inhabitants, the money so levied on him or them as aforesaid.
LVI. And whereas the highways, not being turnpike- Limitations roads, are much prejudiced by the narrowness of the of the wheels of the several carriages travelling thereon, and by horses for the excessive burthens loaded in such carriages; be it the waggons enacted, that no waggon, having the sole or bottom of and carts the fellies of the wheels of the breadth of nine inches, shall go or be drawn with more than eight horses; and that no cart, baving the sole or bottom of the fellies of the wheels thereof of the breadth of nine inches, shall go or be drawn with more than five horses; and that no waggon, having the sole or bottom of the fellies of the wheels of the breadth of six inches, and rolling on each side a surface of nine inches, shall go or be drawn with more than seven horses; and that no such waggon, rolling a surface of six inches only, shall go or be drawn with more than six horses; and that no cart, having the sole or bottom of the fellies of the wheels of the breadth of six inches, shall go or be drawn with more than four horses; and that no waggon having the sole or bottom of the fellies of the wheels of less breadth than six inches, shall go or be drawn with more than five horses; and that no cart, having the sole or bottom of the fellies of the wheels of less breadth than six inches, shall go or be drawn with more than three horses, upon such highways, under the pains, penalties, and forfeitures hereinafter mentioned; (that is to say), that the owner of such waggon or cart respectively, shall forfeit offending, the sum of five pounds, and the driver, not being the owner, forfeits 57., the sum of ten shillings, for every horse or beast which and the shall be so drawing above the number hereby so respec- for every tively limited as aforesaid, to the sole use and benefit of horse above the informer; but carriages moving upon wheels or rollers, the number of the breadth of sixteen inches on each side thereof, with Sixteenflat surfaces, are hereby allowed to be drawn with any inch rollers number of horses, or other cattle.
not restrained in
LVII. Provided always, and be it enacted, that no pro- the number secution shall be commenced before a justice of the peace, of horses. by way of information, for any forfeiture incurred by the Prosecuowner or driver of any carriage, having a greater number tions for
Highways. of horses therein than are allowed by this act, unless such information be laid within three days after the offence comtional num- mitted; and that no action shall be commenced for any ber of such offence, unless the same be commenced within one cahorses, how, and in what lendar month after the offence committed; and that neither manner to such information or action shall be laid or commenced, unbe carried less notice shall be given by the informer to the driver of every such carriage, on the day upon which the offence shall be committed, of an intention to complain of such offence; and if it shall appear to the justice before whom such complaint shall be made, that the offender lives so remote as to make it inconvenient to summon him to appear before such justice, the justice may dismiss the complaint, and leave the informer to his remedy by action at law.
Drivers of carriages punishable for misbe
haviour or negligence,
in order to
LXI. And whereas many bad accidents happen, and great mischiefs are frequently done upon the streets and highways, by the negligence or wilful misbehaviour of persons driving carriages thereon; be it therefore further enacted, that if thedriver of any cart, car, dray, or waggon, shall ride upon any such carriage in any street or highway, not having some other person on foot or on horseback, to guide the same (such carriages as are conducted by some person holding the reins of the horse or horses drawing the same excepted); or if the driver of any carriage whatsoever on any part of any street or highway shall, by negligence, or wilful misbehaviour, cause any hurt or damage to any person or carriage passing or being upon such street or highway, or shall quit the highway, and go on the other side the hedge or fence inclosing the same; or wilfully be at such distance from such carriage, whilst it shall be passing upon such highway, that he cannot have the direction and government of the horses or cattle drawing the same; or shall, by negligence or wilful misbehaviour, prevent, hinder, or interrupt the free passage of any other carriage, or of his majesty's subjects, on the said highways; or if the driver of any empty or unloaded waggon, cart, or other carriage, shall refuse or neglect to turn aside and make way for any coach, chariot, chaise, loaded waggon, cart, or other loaded carriage; or if any person shall drive, or act as a driver, of any such coach, post-chaise, or other carriage, let for hire, or waggon, wain, or cart, not having the owner's name, as before required, painted thereon, or shall refuse to discover the true christian and surname of the owner of such respective carriages; every such driver so offending in any of the cases aforesaid, and being convicted of any such offence, either by his own confession, the view of a justice of peace, or by the oath of one or more credible witness or witnesses, before any justice of the peace of the limit where any such offence shall be committed, shall, for every such offence, forfeit any sum not exceeding ten shillings, in case such driver shall not be the owner of such
carriage; and in case the offender be owner of such car- Highways. riage, then any sum not exceeding twenty shillings; and in either of the said cases, shall, in default of payment, be committed to the house of correction, for any time not exceeding one month, unless the same shall be sooner paid; and every such driver, offending in either of the said cases, shall and may, by authority of this act, with or without any warrant, be apprehended by any person or persons who shall see such offence committed, and shall be immediately conveyed or delivered to a constable or other peaceofficer, in order to be conveyed before some justice of the peace, to be dealt with according to law; and if any such driver, in any of the cases aforesaid, shall refuse to discover his name, it shall and may be lawful for the justice of the peace before whom he shall be taken, or to whom any such complaint shall be made, to commit him to the house of correction for any time not exceeding three month s or to proceed against him for the penalty aforesaid, by a description of his person and the offence, and expressing in such proceedings that he refused to discover his name.
LXIII. And for preventing obstructions which frequently In order to happen by stopping of carriages on or near public bridges, prevent obbe it further enacted, that if any person or persons collect- structions, ing any tolls payable for passing over any public bridge &c. not suf with carriages or cattle of any kind shall keep any vic- fered to be tualling-house, alehouse, or other place of public enter- kept on bridges tainment, or shall sell, or permit to be sold therein, any where tolls wine, beer, ale, cider, spirituous liquors, or other strong are taken. liquors, by retail, he, she, or they, being lawfully convicted of such offence, by the oath of one or more credible witness or witnesses, or by his own confession, before any justice of the peace of the limit wherein such offence shall be com. mitted, shall, for every such offence, forfeit the sum of five pounds.
LXIV. And whereas inconveniences have arisen from Penalty for making hedges or other fences, and from ploughing or encroaching on highbreaking up the soil of lands or grounds near the middle or centre of highways: for remedy thereof, be it enacted, that if any person shall encroach, by making, or causing to be made, any hedge, ditch, or other fence, on any highway, not being a turnpike-road, within the distance of fifteen feet from the middle or centre thereof, or shall plough, harrow, or break up, the soil of any land or ground, or, in ploughing or harrowing the adjacent lands, shall turn his plough in or upon any land or ground within the distance of fifteen feet from the middle or centre of any highway, where the breadth of such highway is formed and marked, or described with certainty, and does not exceed in breadth thirty feet, every person so offending shall forfeit, for every such offence, forty shillings, to such person who shall make information of the same; and it shall be lawful for