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not being turnpike, within such parish, under the üirection of the surveyor thereof, during such time as to them all seem just, and the same shall be performed according's $. 58.

2. As to getting materials. On every turnpike road where a sufficient quantity of stor, gravel, chalk, or other materials, cannot be provided and as ried by the labourers aud teams required to perform streer duty upon the same, the surveyor, with the approbatioa the trustees of such road, shall contract for gettios and ai rying thereof, at some time and place to be fixed for that pe pose, of which ten days notice (XVI) in writing shall be getting by fixing the same on the door of the church or chapel such parish; and if there should be no church or chapel, at 12 most public place there ; which notice shall specify the work te be done, and the time and place for letting thereof: and any surveyor shall have any share or interest, directly or indirect in such contract, or in any other contract or bargain, for sal er materials, to be made, done, or provided upon the line ways, roads, bridges, or other works under his care; or sit upon his own account, directly or indirectly, let to hire any trar, or sell any timber, stone, or other materials to be used in su

mainder of the statnte duty shall be performed oportet other highways within the said (parish, &c.) [If there are more turnpike roads than one, or the ****

statute duty shall be thought fit to be taken away, form must be varicd to fit those cases: the sumDOR: the surveyors will be very easily formed from

order.]

-, will

" the

day of

(XVI) Notice for contracts to be made, for getting and es

rying materials. "Notice is hereby given, that A B, surfeyor of the turned pike-roads lying between

aad

next, at the hour of noon, let the getting of (tons) of gravel,

(tons) of stone, to be got at a pitat - for the se of the said turnpike road, and will also let the carriage • the said gravel (or stone) from the said pit to • the same is to be used and employed upon the said iarnpak: * road; and all persons desirous of entering into a contract with the * said surveyor, cith'r for getting or carrying i he said materiais, 6 are desired to attend at the time and plico berore mentioned. Dated this

day of

18

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or repairing such roads, bridges or works, unless a li. ace in writing for the sale of such materials, or for letting to ce such team, be first obtained from the said trustees; shall forfeit 101. and be incapable of being employed as a veyor under this or any other act. 13 Geo. 3. c. 81. 36. But no surveyor shall gather, or calise to be gathered, any nes for the use of the highways, "pon the common fields or Hosed lands of any person, without the consent of the occur, or a licence from a justice, after having summoned such upier to come before bim, and heard his reasons, if he apo r and give any, for refusing his consent. s. 61. ind when any materials shall be dug by the surveyor of ally pike roads, in the inclosed lands of any person, for the use iny turnpike road, under the authority of this or the said , for the amendment of the highways, satisfaction shall be e by the trustees of such turnpike road to the owner or ocer of such lands, for the materials dug, and also for the dae is in carrying away the same, in like manner as satisfaction quired to be made for the damages occasioned by the digau carrying away materials in inclosed lands, by virtue le said act for the amendment of the highways, s. 71. keir power of applying the provisions in the general high

way act, for the benefit of turnpike roads. Is the powers given by several turnpike acts are incitectual digging, providing, and carrying materials, for the use ot turnpike-roads, and also for enlarging and turning such ds, and stopping up and disposing of old roads so to be ied; and also for making, opening, and cleaning of ditches drains, and cutting and pruning of hedges and trees; and for compelling the performance of the statute duty, which I belong to such turnpike-roads; and more ample powers, er proper restrictions, may be given for the purposes esaid, by certain clauses in the acts for the amendmeat of highways: be it therefore coacted, That the surveyors ery turnpike road shall, with the approbation of the les of such turnpike road, apply any part of the tolls satute daty arising in respect of such turnpike road, in xecution of the said powers, which are cootained in the for the amendinent of the highways, and may execute the w the benefit of such turnpike roads, for the sereral puraforesaid, as fully, but upon such terms as the surreyor y parish can do, under such acts.

13 Gey. 3. (. 84.

Penalty, on surveyors suffering annoyances to remain on.

ruads. the surveyor or person having the care of any turnpike shall knowingly sutter to remain, for four days, in ang

part thereof, withia tea feet ca either side of the middle of such road, any post, bezp of st. des. rebosa, or earth, set up above the surface of the road, by which the passage may be ob. stracted, confined, or stratened (except posts, blocks, store, or banks of earth, fixed in the grocod, or raised, for securit horse or foot-piads, or passages for water, and also directa posts aid stoqes, such surveyor or person shall forfeit d. 13 Geo. 3. C. dt. s. 37.

op.

X. Direction posts to be set up. Direction posts The trustees app inted to execute any act for the repair stones to be set any turnpike-road, shail direct the surveyor, where seed

highways meet, and there is no direction post fired, to erect,
the most convenient piace where such ways meet, a stage
post, with an inscriptiva thereon in large letters, contas
the name, and distance from the next market-town, or other
place to shich the highways lead; and also at the approud
to such parts of any highways as are subject to floods, gradu
ated stones or posts, denoting the depth of water in the detza
part, and likewise such direction posts or stones as the tres
shall judge necessary, for guiding travellers through the
foods, and also shall order the surveyor to erect mile-sto
or posts upon such road, with proper inscriptions, denoting
names and distances from the principal towns on each te
and from time to time to repair such stones and posts,
keep legible the ioscriptions thereon; and the surveyor
be reimbursed the expences of providing and contious
same out of the tolls granted by soch acts; and in can
surveyor shall, three months after such direction, Deglect u
fuse to cause such stone or post to be fixed or repaired,
offender shall forfeit 20s. 13 Geo. 3. c. 84. s. 41.

* And as in some places the trustees of turnpike-roads Peaaliy on da-6 secure horse and foot causeways to travel upos, inox maging the same.

"highways, by posts, blocks, or great stones fixed in thegns 6 or by banks of earth cast op, from heing broken with wagga wains, carts, or carriages ; and as several persons may wife pull up, cut down, and remove or damage the posts, black and great stones, and drive carriages upon such taks causeways, or against the sides thereof, and also dig

down the banks, whereby the causeways or banks are stroyed; and such persons may break, damage, or the

down the stones, bricks, or wood lixed upon the pare, of bridges, and may pull down or deface any mile-stome post, graduated or direction post or stone, erected opast

turnpike road:' it is enacted, that every per:n" no be guilty of any such offence, sball, upon comps.irt the made to any justice, by the oath of one witness, or upon of the justice himself, forfeit not exceeding five pounds, less than ten shillings, and in default of payment thereof, be committed to the house of correction, there to be whipp

kept to hard labour, for not exceeding one month, nor less
2. seven days. s. 39.

XI. Nuisances on turnpike roads.
Incroachments.
Drivers of carriages misbehaving.
Trustees to order prosecutions.

Proportion of repairs.
Power to widen turnpike roads, how to be exercised.

1. Incroachments.
If any person shall incroach, by making or causing to be
de, any hedge, ditch, or other fence on any turnpike road,
thin thirty feet from the middle thereof; or shall plough,
rrow, or break up the soil of any land ; or in ploughing or
rrowing the adjacent lands, shall turn his plough or harrow
on any land within fifteen feet from the middle of any turn.
se-road, every person so offending shall forfeit forty shil.
gs to such person as shall make information ; and it shall
lawful for the trustees who have the care of such road, or
e of them, to cause such hedge, ditch, or fence, to be taken
wn or filled up, at the expence of the person to whom the
me shall belong; and it shall be lawful for onc justice, upon
oof thereof to him, upon oath, to levy as well the cxpences

taking down such hedges, as the penalties, by distress and le of the offender's goods, rendering the overplus to the ner. 13 Geo. 3. C. 81. s. 38.

others.

2. Drivers of carriages misbehaving. If the driver of any cart, car, dray, or waggon, shall ride By riding in ion such carriage, in any street or highway, not having some

the cert, her person on foot, or on horseback, to guide the same (such rriages as are conducted by some person holding the reins of e horses, excepted): Or if the driver of any carriage whatsoever shall, by negli- Causing any oce or misbehaviour, cause any hurt to any person or carriage damage 10 issing :

Or shall quit the highway, and go on the other side the Gving the dge or fence inclosing the same; or wilfully be at such dis- other side the nce from such carriage, or in such a situation, whilst it shall bedge.

passing upon such highway, that he cannot have the direcon of the cattle drawing the same : Or shall, by negligence or misbehaviour, prevent or in- Interrupting

other carringe se errupt the free passage of any other carriage on the said highays:

Or if the driver of any empty waggon, cart, or other Not turning arriage, shall neglect or 'refuse to turu aside for any coach, aside to louded hariot, chaise, loaded waggon, cart, or other loaded car.

carriages. lage:

Driving a car- Or if any person shall drive any such coach, post-charse, *' The owner's other carriage let for hire, or waggon, wain, or cart, not her nan.e thereon. ing the owner's name, as hereby required, painted theresa :

or shall refuse to discover the true christian aod sername of the owner:

Such drirer being consicted of any such níleace, either the his own confession, the view of a justice, or by the one witness, before any justice, shali, for every offence, fuit not exceeding 10s. in case such driver shall not be a owner; and in case the offendur be the owner of such carriga, then not exceeding 20s; and in either of the said cases, shal.com default of payment, be committed to the house of currection": not exceeding one month:

Ard such driver, offending in either of the said cases, så by aptiority of this act, with or without any warrant, leap picheaded by any person who shall see such offence comedia ted, and shall be immediately conveyed to a constable, or pe oficer, to be conscyed before some justice ; and if such driver shall refuse to discurer his name, it shall be lawful for the jos tice before whom he shall be taken, or to whom sech een plaint shall be made, to commit him to the house of correctis for not exceeding three months, or to proceed agaiast kin in the penalty, by a description of his person and the offence, ed expressing in his proceedings, that he refused to discover

nane. !3 Geo. 3. C. 84. s. 40. Cirriages to be

And for the better discovering of offenders, the muke d. every waggoo, wain, or cart, and also of every coach,

chaise, or other carriage let to hire, shall paint upon conspicuous part of his waggon, wain, or cart, and up pannels of the doors of all such coaches, post-chaises, or carriages, before the same shall be used upon any turnpike his christian and survame, and the place of his abode, in letters, and continue the same thereupon so long waggon, &c. shall be ased upon soch turnpike road, tend owner of every common stage waggon or cart, employed in velling stages from town to towil, shall, above his christ and surname, paint on the part, and in manner aforesaid, following words, coumON STAGE WAGGON (Or CiRT, the may be); and every person using such carriage, witheet names and descriptions painted thereon as aforesaid, er shall paint any false name or abode ou such waggon or Carriage, shall forfeit not exceeding 51. vor less than

s. 68.

3. Trustees to order prosecutions. The trustecs of the roads, or five of them, at a public ing, may direct prosecutions by indictment against the osten for any auisance dune upon any of the turnpike rous, anal their care, at the expence of the revencs belonging to t roads, to be allowed by such trustees, or five of them, at an subscqucnt meeting. But nothing in this act shali inpou er is

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