HIGHWAYS IN GENERAL-continued.
XIII. Widening, changing, &c.—continued.
On payment of money assessed, ground to
be deemed a public highway, iii. 552.
Saving to owner, mines, timber, &c.,
iii.
553.

Where not money sufficient, a further rate
may be made, by order of justices at
quarter sessions, not exceeding one-third
of rate, iii. 553.

(b). Costs of the Proceedings, &c.

By whom payable, iii. 553.

(2). Stopping up, diverting, and turning.

(a). Proceedings to obtain Justice's Certi-
ficate and Certificate for, &c.

Vestry, if they think that way should be
stopped up, &c., to direct surveyor to re-
quest justices to view same, iii. 554.
Mode of proceeding if other party desirous
of stopping up, iii. 554.
Expenses in such case, iii. 554.

If apparent to justices that way unnecessary,
&c., and consent of owner of land ob-
tained, notices to be given, iii. 554.
Upon proof thereof, and upon plan of old
and new highway being left with justices,
justices to certify, &c., iii. 554.
Certificate, &c. to be lodged with clerk of
the peace, &c., and read at quarter ses-
sions, and to be inrolled, iii. 555.
Inspection, &c. of certificate and plan, iii.

555.

HIGHWAYS IN GENERAL-continued.
XIII. Widening, changing, &c.—continued.

Proceedings when jury decide that way is
unnecessary, &c., iii. 559.

The same when jury decide the contrary,
iii. 560.

Costs of appeal may be awarded, iii. 560.
Observations, &c. on enactments, iii. 560.
Who entitled to appeal, iii. 560.
Notice of appeal, iii. 560.

To what sessions appeal to be made, iii. 561.
Proceedings at sessions, iii. 561.
Costs of appeal, iii. 561.

(c). The Order for stopping up, &c.

If no appeal made, or if dismissed, sessions
to make order for stopping, &c. ways,
iii. 562.

New way shall be a public one, iii. 562.
Old way when to be stopped, in case of a
diversion, iii. 562.

Observations, iii. 562.

Decisions under repealed acts, iii. 562.
Soil of road, in whom vested when way
stopped up, iii. 563.

Order of sessions conclusive, iii. 563.
Order under repealed act for stopping high-
way effectual before actual stoppage, iii.
563.

(3). Repair of Highways diverted, &c.

Party liable to repair of old highways to re-
pair new highways, iii. 563.

(4). Provisions as to widening and diverting,
&c. extended to Highways repairable
Ratione Tenuræ, &c., iii. 563.
Justices to fix annual or other amount pay-
able by party previously bound to repair,
iii. 563.

XIV. Special Sessions for Purposes of High-
ways.

Justices to hold special sessions for, iii. 564.
Surveyor's accounts, and state of roads, &c.,
iii. 564.

XV. Width of Cartways.

Cartways to be 20 ft. wide, horseways 8 ft.,
footways 3 ft., iii. 564.

Surveyor not to make public footways with-
out consent of vestry, iii. 565.

XVI. What to be deemed the Centre of High-

way.

XVII. Nuisances, Annoyances, and Obstruc-
tions on Highways.
(1). Trees and Hedges.

No tree, &c. to be planted within fifteen
feet of centre of carriage-way, iii. 566.
Mode of proceeding if highway is prejudiced
by hedges, &c., iii. 566.

If order of justices not complied with, sur-
veyor may cut and lop trees, iii. 566.
Justices may levy expenses, iii. 566.
Time of cutting hedges and trees, and as to
felling timber trees, iii. 567.

M

HIGHWAYS IN GENERAL-continued.
XVII. Nuisances, Annoyances, &c.-con.

Form of order to cut hedges, iii. 567.
Surveyor liable where order invalid, iii. 567.
Expenses of cutting, iii. 568.

Common-law right to lop trees, iii. 568.
(2). Ditches, Drains, &c.

Surveyor to make and keep open ditches,
&c., and to lay trunks, &c. through lands
adjoining highway, paying for damage, iii.

568.

Owner, occupier, &c. not to alter such
ditches without consent, iii. 568.
Nuisance at common law, iii. 568.
(3). Encroachments on Highway.

Penalty for encroaching on highway, iii. 569.
Encroachment to be taken down by surveyor,
iii 569.

Distress for expenses of removal, &c., iii. 569.
(4). Pits, Steam-Engines, Machines, Wind-
mills, Kilns, Railways, &c.

No pit to be sunk, or steam-engine, machine,
or windmill to be erected, or fire to be
made, within certain distance of roads, un-
less &c., iii. 569.

How penalty to be levied, &c., iii. 570.
Proviso as to windmills, &c. erected at pass-
ing of act, iii. 570.

Proprietors of railways to erect gates, &c.
where they cross highways, iii. 570.
Complaint for neglect, iii. 570.
Penalty for, iii. 570.

How penalties to be recovered and applied,
iii. 571.

(5). Gates.

Width of gates across public cartways and
horseways, iii. 571.

(6). Carts and Carriages, Names of Own-
ers to be painted, &c.; Misbehaviour of
Drivers, &c.

Names of owners to be painted on all wag-

gons, &c. in a particular manner, iii. 571.
One driver may take charge of two carts,
provided they are drawn only by one
horse each, iii. 571.

Drivers of waggons or carts not to ride
thereon, unless other person guide them,
iii. 572.

Drivers causing hurt or damage or quitting
the road, or driving carriage without
owner's name, or not keeping the left
side, or interrupting passage, if not the
owner, to forfeit 20s.; if owner, 40s., iii.
572.

Proceedings if driver will not discover his
name, iii. 572.

Decision on repealed act, 13 Geo. 3, c. 78,
s. 60, iii. 573.

Surveyor's power to detain unknown of-
fenders, iii. 573.

Misconduct of coachmen, iii. 573.

Enactments on this subject as to London,
iii. 573.

HIGHWAYS IN GENERAL-continued.
XVII. Nuisances, Annoyances, &c.—con.
(7). Wheels and Weight of Carriages, &c.
As to waggons with wheels of a certain
breadth being drawn with a certain nam
ber of horses, iii. 573.
Carrying excessive weight on highway, ..
573.

In London, iii. 573.

(8). Surveyor leaving Things on Highway et
Night, iii. 574.

(9). Riding, &c. on Footways : tethering
Horses, injuring Road; damaging Benke,
Direction Posts, &c. ; playing si Grnes,
encamping, making Fires, batting Buils,
laying Timber, &c., running Futh, &e.,
wilfully obstructing Passage.
Persons committing nuisances by riding.
&c. on footpaths, iii. 574.
By tethering horses, &c., iii. 574.
By injuring the road or hedges, &c., II. 571,
By damaging banks, direction posts, mle-
stones, &c., iii. 574.

By playing at games, iii. 574.
By encamping on highway, iii. 574.
By making fires, &c., iii. 574.
By baiting bulls, iii. 574.
By laying timber, &c., iii. 574.
By running of filth, iii. 574.

Or wilfully obstructing passage, ii. 574.
(10). Injuries and Annoyances at Common
Law.

Nuisances, &c. at common law, iii. 575.
Narrowing a highway, iii. 575.
Ploughing up, iii. 575.

Unusual weight and horses, iii. 575.
Ditches, iii. 575.

Boughs of trees, iii. 575.
Gates, iii. 575.
Stiles, iii. 575.
Leaving carts, iii. 575.
Coaches, &c., iii. 575.
Laying timber, iii. 576.
Carriages, &c., at a route, iii. 576.
Public exhibitions, &c., iii. 576.
Distributing handbills, iii. 576.
Mere temporary obstructions, iii. 376.
Scaffolding, iii. 576.
Unloading carts, iii. 576.
Repairing house, &c., iii. 576.

Custom to erect hoard in London, i. 376.
License from Lord Mayor to erect houd.

iii. 577.

License from surveyor of pavements for

same purpose, iii. 577.
Observations of Court of Common Pless
on custom, iii. 577.
Darkening street, iii. 578.
Fair or market, iii. 578.
Leaving open cellar-doors, iii. 578.
Nuisances to public rivers, iii. 579.
By laying timber, iii. 579.
By diverting it, iii. 579.

Lord Denman's remarks on Holroyd's, J.,
judgment in R. v. Russell, iii. 582.
Also his remarks on Lord Tenterden's
ruling in R. v. Earl of Grosvenor, iii.
582.

Also his remarks on a passage in Hale de
Portibus Maris on this subject, iii. 582.
Where act authorized by statute, iii. 583.
Existence of nuisance for a number of years
does not render it legal, iii. 583.
Continuing nuisance, iii. 583.

(11). Securing Offenders, iii. 583.
(12). Power of Surveyor to remove Nuisances
and Obstructions, iii. 584.

(13). Power of Surveyor to impound Cattle
straying, &c.

Surveyor to impound cattle found on high-
ways until penalty and charges paid, iii.
584.

Right of pasturage not taken away, iii. 585.
Punishing persons guilty of pound-breach,

iii. 585.

HIGHWAYS IN GENERAL-continued.
XVIII. Proceedings for not repairing--con.
Mode of proceeding when highway a turn-
pike road, iii. 589.

One magistrate no authority to summon sur-
veyor, iii. 590.

Examining state of turnpike funds, iii. 590.
Parties primâ facie liable first to be sum-
moned, iii. 590.

When surveyor of turnpikes to be sum-
moned, iii. 590.

Forfeiture by him, iii. 590.

Magistrates' discretionary power, iii. 590.
(2). Mode of proceeding by Indictment, where
Obligation to repair is disputed, and the
subsequent Proceedings thereon.

Mode of proceeding if obligation to repair
disputed, iii. 591.

Indictment and witnesses, iii. 591.
Certiorari, iii. 591,

Indictment at common law for non-repair
not taken away, iii. 591.

Form of indictment against parish, iii. 591.
Description of highway, iii. 591.
Description of way, iii. 592.

Of termini of highway, iii. 592.
When to object to description, iii. 592.
Indictment should shew that highway is in
parish indicted, iii. 593.

Highway in two parishes, iii. 593.
Indictment must shew that way is out of re-
pair, iii. 593.

Indictment for not rebuilding a sea-wall, iii.
593.

Conclusion of indictment, iii. 593.

Form of indictment against a township or an
individual, &c., iii. 593.

Three townships may be indicted together,
iii. 594.

Indictment of extra-parochial hamlet, iii. 594.
Against individual, iii. 594.

For not repairing way destroyed by en-
croachment of sea, iii. 595.

Appearance by a corporation aggregate, iii.
595.

Particulars of ways out of repair, &c. may
be obtained, iii. 595.

Plea to indictment against parish for neglect
of common-law liability to repair, iii. 595.
When special plea requisite, iii. 595.
Form of, iii. 596.

Plea, where defendants charged by custom,
prescription, &c., iii. 597.

Plea in abatement when highway not suffi-
ciently described, iii. 597.
Replication, iii. 597.

Staying proceedings, iii. 597.
Evidence, iii. 597.

How far former acquittal or conviction evi.
dence, iii. 598.
Reputation, iii. 598.
Award, iii. 598.
Witnesses, iii. 598.
View, iii. 598.

Costs of special jury, iii. 598.

HIGHWAYS IN GENERAL-continued.

XVIII. Proceedings for not repairing-con.

Certiorari, iii. 598.

Judgment and punishment, iii. 599.
Fines, penalties, and forfeitures, how to be
levied and applied, iii. 599.
Observations and decisions, iii. 600.
Apportionment of fine on indictment for
non-repair of turnpike road, iii. 600.
Costs of prosecution, when to be paid out
of the highway rate, iii. 601.
When awarded to be paid by party indicted,
iii. 601.

Repealed act, and decisions on it, iii. 602.
Costs on removal by certiorari, iii. 603.

New trial. Suspending judgment, iii. 603.
Judgment non obstante veredicto, iii. 603.
(3). Information in Queen's Bench for not
repairing, iii. 604.

(4). Mandamus for not repairing, iii. 604.
(5). Entering and repairing Highway, iii.
604.

(6). Presentments for Non-repair of High-
ways abolished, iii. 604.

XIX. Books and Materials, &c., in whom
vested, and by whom to be kept, &c.
Property in books and materials, &c. to be
vested in surveyor, iii. 604.

By whom rates, &c. to be kept, iii. 605.
In whom property to be described in indict-
ment, iii. 605.

XX. Costs on Informations and Complaints
before Justices.

Justices empowered to award costs to in-
former, iii. 606.

Costs of defendant, iii. 606.
Distress, iii. 606.

Commitment for, with hard labour, iii. 606.
XXI. Inhabitants, &c. made competent Wit-
nesses; compelling Attendance of Wit-

nesses.

Inhabitants and officers in parishes may give
evidence, iii. 606.

Inhabitants of parish competent witnesses in
certain cases, iii. 606.

Persons not disqualified from giving evidence
on account of being assessed to parochial
rates, iii. 607.

Nominal parties on any trial not disabled
from giving evidence, iii. 608.
Witnesses not to be excluded from giving
evidence by reason of crime or interest,
except in certain cases, iii. 608.
Compelling witnesses to attend and give
evidence. Penalty for non-attendance,
iii. 608.

XXII. Mode of Recovery and Application of

Penalties.

Justices may proceed by summons in the
recovery of penalties, iii. 609.
No information in writing requisite, iii. 609.
Forfeitures, costs, and charges may be le-
vied by distress and sale, iii. 609.

HIGHWAYS IN GENERAL-continued.
XXII. Mode of Recovery of Penalties—con.
Security for appearance at return of distress,
iii. 609.

Commitment for non-payment, iii. 610.
Application of penalties, iii. 610.
Action for penalties, iii. 610.
XXIII. Forms of Proceedings, iii. 611.
XXIV. Appeal against Rates, and Proceed-
ings, &c.- Want of Form, &c.—C‹ 119-
rari, &c.—Special Case.

Appeal may be made to quarter sessions
against rate, &c., iii. 611.
Notice of, iii. 611.
Recognizance, iii. 611.
Costs on, iii. 611.

Provisions of 41 Geo. 3, c. 23, applicable,
iii. 611.

Rates and proceedings not to be quashed for
want of form, iii. 612.
Certiorari, iii. 612.

In case of appeal, sessions may grant a spe-
cial case, iii. 612.

Observations upon these enactments, iii. 612
Proceedings upon appeal and special case,
iii. 612.

Right of appeal under 105th section, in. €12.
XXV. Actions for Damages, &e.

Satisfaction recoverable for special damar,
iii. 513.

But distress not to be deemed unlawful f.:
want of form in proceedings, iii. 613.
Plaintiff not to recover for irregularity of

amends tendered, iii. 613.
Payment into court, iii. 614.
Notice of action, iii. 614.
Tender of satisfaction, iii. 614.
Limitation of actions, iii. 614.
Venue, iii. 614.

General issue, iii. 614.
Costs, iii. 614.

Observations on enactment, iii. 615.
XXVI. Amount of Fees to be taken, ïï, 616,
XXVII. Surveyor empowered to charge in

Account Expenses of Legal Proceedings.
Expenses for defending prosecutions agreed
upon at a vestry meeting, how to be paid,
iii. 616.

XXVIII. Exemptions from 5 & 6 Will. 4,
c. 50.

The 5 & 6 Will. 4 not to affect 37 Geo. 3.

c. 29, &c., iii, 617.

Nor to extend to turnpike roads, or to roads

under local acts, iii. 617.
Nor to affect the universities, iii. 617.
Nor rights and liberties of city of London,
iii. 617.

Nor the 1 Geo. 4, c. 7, iii. 617.
Nor to abridge the powers of commissioners
of sewers, iii. 617.

XXIX. Commencement of 5 & 6 Will. 4, t.
50, iii. 617.

XXX. Forms as to, List of, iii. 618.

GHWAYS, TURNPIKE.

'reliminary observations, iii. 642.

Statutes repealed.

List of, iii. 647.

Not to revive repealed acts, iii. 647.

Nor to prevent the recovery of penalties in-
curred for offences against acts repealed,
iii. 647.

Provisions of certain Acts extended to all
Local Turnpike Acts, and Consolidation
of general Turnpike Acts.

The 3 Geo. 4, c. 126, to extend to all local
acts, except in certain cases, iii. 647.
To extend to 4 Geo. 4, c. 95, iii. 647.
Powers of acts to extend to 7 & 8 Geo. 4, c.

24, and 9 Geo. 4, c. 77, iii. 648.

The 9 Geo. 4. c. 77, to extend to all local
acts, iii. 648.

Acts not to be recited unless for purpose of
being altered, iii. 648.

Powers of general turnpike acts extended
to certain other acts, iii. 648.

1. Exceptions from Operation of Acts.
The 3 Geo. 4, c. 126, not to extend to Com-
mercial Road, &c., iii. 648.

Nor to 56 Geo. 3, c. 83, for improving
road from Glasgow to Carlisle, &c., iii.
648.

Nor to certain other roads, iii. 649.

The 3 Geo. 4, c. 126, or 4 Geo. 4, c. 95,
not to extend to 59 Geo. 3, c. 30, or 59
Geo. 3, c. 48, or roads repaired under
them, iii. 649.

The 4 Geo. 4, c. 95, not to extend to Com-
mercial Road, &c., iii. 649.

The 9 Geo. 4, c. 77, not to extend to Com-
mercial Road, or the road from Glasgow
to Carlisle, iii. 650.

Explanation of Words in Acts.

What shall be deemed the road, iii. 650.
What the centre, iii. 650.

No encroachment to be made on waste lands
lying on side of road, iii. 650.

What a day, iii. 650.

Trustees, iii. 650.

Persons, iii. 651.

County, iii. 651.
Parish, iii. 651.
Trustees.

). Trustees, their Qualification and Oaths.
Justices of peace to be trustees, iii. 651.
Oath of qualification as trustees not re-
quired from justices, iii. 651.
Justices acting for ridings or divisions, &c.,
through which roads pass, shall have like
powers for making and repairing turnpike
roads as justices for counties, iii. 651.
Qualification of trustees, iii. 652.
A declaration substituted in lieu of oath, iii.
652.

Qualification by personal property within
ten miles of London, iii. 652.
Trustees to be sworn, iii. 652.

HIGHWAYS, TURNPIKE-continued.

V. Trustees-continued.

Oath, iii. 653.

Penalty for acting without taking oath, iii.
653.

Proceedings valid, though oath omitted to
be taken, iii. 653.

Declaration in lieu of such oath, iii. 653.
Quakers making affirmation may act as
trustees, iii. 653.

Explaining trustees' qualification, iii. 653.
Trustee losing qualification to become inca-
pable of acting, iii. 654.

Appointment of new trustees, iii. 654.
Notice to be given fourteen days before
meeting.

(2). Trustees disqualified where interested or
being Victuallers, &c.

Trustee not to act, &c. while keeping a
victualling-house, &c., iii. 654.

Or being a lessee of tolls, iii. 654.
Penalty for acting, not being qualified, iii.
655.

Person sued to prove disqualification, iii. 655.
Proceedings not to be impeached on account
of disqualification, iii. 655.

Mortgagees on the tolls not disqualified on
that account, iii. 655.

Owners of estates, &c. not disqualified as
interested persons, iii. 655.

(3). Trustees not to hold Places of Profit, or to
be concerned in certain Contracts.

Trustee not to hold place of profit, or be
concerned in contracts, iii. 656.

Or receive money out of the tolls to his use,
iii. 656.

Contracts void, iii. 656.

Acts previous to conviction valid, iii. 656.
Prohibition not applicable to purchase-
money, iii. 656.

Trustees having shares in canal companies,
&c., which shall contract for conveyance
of materials for roads, not liable to penal-
ty on account of such contract, iii. 657.
Contracts for amending roads, iii. 657.
Contracts for materials, iii. 657.
(4). Property vested in Trustees.

Trustees no interest in soil, iii. 657.
The property of toll-houses, &c. vested in,
iii. 657.

Scrapings of roads, iii. 658.

Actions may be brought in name of clerk,
iii. 658.

Property may be described as the clerk's, iii.
658.

Sale of toll-houses, &c., iii. 658.
Tolls, iii. 658.

Minerals under road to belong to original
proprietors of land, iii. 658.
Rights of pasturage, iii. 658.

(5). Trustees' Powers in general.
Trustees' general powers, iii. 658.