not being turnpike, within such parish, under the direction of the surveyor thereof, during such time as to them shall seem just, and the same shall be performed accordingly s. 58. 2. As to getting materials. On every turnpike road where a sufficient quantity of sto gravel, chalk, or other materials, cannot be provided and a ried by the labourers aud teams required to perform stat duty upon the same, the surveyor, with the approbation the trustees of such road, shall contract for getting and c rying thereof, at some time and place to be fixed for that pe pose, of which ten days notice (XVI) in writing shall be gu by fixing the same on the door of the church or chapel such parish; and if there should be no church or chapel, at t most public place there; which notice shall specify the work t be done, and the time and place for letting thereof: and y surveyor shall have any share or interest, directly or indirect in such contract, or in any other contract or bargain, for wal er materials, to be made, done, or provided upon the ways, roads, bridges, or other works under his care; or stal upon his own account, directly or indirectly, let to hire any tea, or fell any timber, stone, or other materials to be used in m 'mainder of the statute duty shall be performed upon t 'other highways within the said (parish, &c.) [If there are more turnpike roads than one, or the wh statute duty shall be thought fit to be taken away," form must be varied to fit those cases: the summons the surveyors will be very easily formed from order.] (XVI) Notice for contracts to be made, for getting and rying materials, "Notice is hereby given, that A B, surveyor of the tar 6 pike-roads lying between the day of and will next, at the hour of 199 →→→→→→→→ noon, let the getting of (tons) of gravel, 6 (tons) of stone, to be got at a pitat - for the es of the said turnpike road, and will also let the carriage the said gravel (or stone) from the said pit to - whith the same is to be used and employed upon the said tampoke ⚫ road; and all persons desirous of entering into a contract with the ⚫ said surveyor, either for getting or carrying the said materials, are desired to attend at the time and place before mentioned. Dated this. --day of 18-' AB gor repairing such roads, bridges or works, unless a li ce in writing for the sale of such materials, or for letting to -e such team, be first obtained from the said trustees; shall forfeit 10. and be incapable of being employed as a veyor under this or any other act. 13 Geo. 3. c. 84. 36. But no surveyor shall gather, or cause to be gathered, any nes for the use of the highways, upon the common fields or losed lands of any person, without the consent of the occur, or a licence from a justice, after having summoned such cupier to come before him, and heard his reasons, if he apir and give any, for refusing his consent. s. 61. And when any materials shall be dug by the surveyor of any npike roads, in the inclosed lands of any person, for the use any turnpike road, under the authority of this or the said 5, for the amendment of the highways, satisfaction shall be le by the trustees of such turnpike road to the owner or ocier of such lands, for the materials dug, and also for the dazes in carrying away the same, in like manner as satisfaction equired to be made for the damages occasioned by the diggaud carrying away materials in inclosed lands, by virtue he said act for the amendment of the highways. s. 71. Their power of applying the provisions in the general highway act, for the benefit of turnpike roads. As the powers given by several turnpike acts are ineffectual r digging, providing, and carrying materials, for the use of e turnpike-roads, and also for enlarging and turning such ads, and stopping up and disposing of old roads so to be rned; and also for making, opening, and cleaning of ditches id drains, and cutting and pruning of hedges and trees; and so for compelling the performance of the statute duty which all belong to such turnpike-roads; and more ample powers, ider proper restrictions, may be given for the purposes oresaid, by certain clauses in the acts for the amendment of e highways be it therefore enacted, That the surveyors every turnpike road shall, with the approbation of the stees of such turnpike road, apply any part of the tolls statute duty arising in respect of such turnpike road, in execution of the said powers, which are contained in the s for the amendment of the highways, aud may execute the e to the benefit of such turnpike roads, for the several pures aforesaid, as fully, but upon such terms as the surveyor any parish can do, under such acts. 13 Gep. 3. c. 84. 0. Penalty on surveyors suffering annoyances to remain on roads. If the surveyor or person having the care of any turnpike d, shall knowingly suffer to remain, for four days, in any Direction posts and graduated stones to be set up. Peaalty on damaging the tame. part thereof, within ten feet on either side of the middle of X. Direction posts to be set up. The trustees appointed to execute any act for the repair any turnpike-road, shall direct the surveyor, where seva highways meet, and there is no direction-post fixed, to erect, the most convenient place where such ways meet, a stone! post, with an inscription thereon in large letters, contam the name, and distance from the next market-town, or othe place to which the highways lead; and also at the approach to such parts of any highways as are subject to floods, grad ated stones or posts, denoting the depth of water in the det part, and likewise such direction posts or stones as the trust shall judge necessary, for guiding travellers through the floods; and also shall order the surveyor to erect mile-sta or posts upon such road, with proper inscriptions, denoting names and distances from the principal towns on each ra and from time to time to repair such stones and posts, keep legible the inscriptions thereon; and the surveyor be reimbursed the expences of providing and continuing same out of the tolls granted by such acts; and in ca surveyor shall, three months after such direction, neglectur 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 unt secure horse and foot causeways to travel upon, in p ' highways, by posts, blocks, or great stones fixed in thegross ⚫ or by banks of earth cast up, from being broken with wag wains, carts, or carriages; and as several persons may wilf 'pull up, cut down, and remove or damage the posts, block ⚫ and great stones, and drive carriages upon such banks 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 fixed upon the par of bridges, and may pull down or deface any mile-stone 6 post, graduated or direction post or stone, erected upont ' turnpike road :' it is enacted, that every person who be guilty of any such offence, shall, upon comput. there 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 whippe nd kept to hard labour, for not exceeding one month, nor less an 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 ide, 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 turnke-road, every person so offending shall forfeit forty shilgs 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 one justice, upon oof thereof to him, upon oath, to levy as well the expences 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. 84. s. 38. 2. Drivers of carriages misbehaving. the cart. If the driver of any cart, car, dray, or waggon, shall ride By riding in on such carriage, in any street or highway, not having some 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 nce or misbehaviour, cause any hurt to any person or carriage damage to Lssing: others. Or shall quit the highway, and go on the other side the Going the edge 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 hedge. passing upon such highway, that he cannot have the direc on of the cattle drawing the same : Or shall, by negligence or misbehaviour, prevent or in- Interrupting errupt the free passage of any other carriage on the said high. other carriages. ays: Or if the driver of any empty waggon, cart, or other Not turning arriage, shall neglect or refuse to turn aside for any coach, aside to loaded hariot, chaise, loaded waggon, cart, or other loaded car. carriages. jage: riage without the owner's Driving a car- Or if any person shall drive any such coach, post-chaise, or other carriage let for hire, or waggon, wain, or cart, not hir name thereos. ing the owner's name, as hereby required, painted thereon: or shall refuse to discover the true christian and surname of the owner: Carriages to be marked. Such driver being convicted of any such offence, eitherly his own confession, the view of a justice, or by the outd one witness, before any justice, shall, for every offence, fcit not exceeding 10s. in case such driver shall not be owner; and in case the offender be the owner of such car then not exceeding 20s; and in either of the said cases, shall default of payment, be committed to the house of correction fit not exceeding one month: And such driver, offending in either of the said cases, sh by authority of this act, with or without any warrant, be ap prehended by any person who shall see such offence comm ted, and shall be immediately conveyed to a constable, or pe officer, to be conveyed before some justice; and if such dress shall refuse to discover his name, it shall be lawful for the jus tice before whom he shall be taken, or to whom such em plaint shall be made, to commit him to the house of corrective for not exceeding three months, or to proceed against him the penalty, by a description of his person and the offence, expressing in his proceedings, that he refused to discover name. 13 Geo. 3. c. 84. s. 40. And for the better discovering of offenders, the owar every waggon, wain, or cart, and also of every coach, chaise, or other carriage let to hire, shall paint upons 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 suruame, and the place of his abode, in letters, and continue the same thereupon so long s waggon, &c. shall be used upon such turnpike road; and owner of every common stage waggon or cart, employed i velling stages from town to town, shall, above his cha and surname, paint on the part, and in manner aforesaid, following words, COMMON STAGE WAGGON (OF ÇART, 25 the t may be); and every person using such carriage, without names and descriptions painted thereon as aforesaid, or shall paint any false name or abode on such waggon or carriage, shall forfeit not exceeding 51. nor less than s. 68. 3. Trustees to order prosecutions. The trustees of the roads, or five of them, at a publik ing, may direct prosecutions by indictment against the que for any auisance done upon any of the turnpike roads, their care, at the expence of the revenues belonging to roads, to be allowed by such trustees, or five of them, a subsequent meeting. But nothing in this act shall impower |