pruning, and plashing such hedges, or pruning and lopping such trees, or removal of such obstructions as aforesaid, as the several respective penalties hereby imposed, by distress and sale of the offender's goods and chattels, in such manner as distresses and sales for forfeitures are authorized and directed to be levied by virtue of this act. Id. s. 65.

But no person shall be compelled, nor any surveyor permitted, to cut or prune any hedge at any other time than between the last day of September, and the last day of March; that no person shall be obliged to fell any timber trees growing in hedges at any time whatsoever, except where the highways shall be ordered to be widened or enlarged as herein mentioned, or then to cut down or grub up any oak trees growing in such highway or in such hedges, except in the months of April, May, or June, or any ash, elm, or other trees in any other months than December, January, February or March. Id. s. 66.

Ditches.] The said surveyor, district surveyor, or assistant surveyor shall have power to make, scour, cleanse, and keep open all ditches, gutters, drains, or watercourses, and also to make and lay such trunks, tunnels, plats or bridges, as he shall deem necessary, in and through any lands adjoining or lying near to any highway, upon paying the owner or occupier of such lands (provided they are not waste or common,) for the damages which he shall sustain thereby, to be settled and paid in such manner as the damages for getting materials in inclosed lands or grounds are herein (ante, p. 497) directed to be settled and paid. Id. s. 67.

And if any owner, occupier or other person shall alter, obstruct, or in any manner interfere with any such ditches, gutters, drains, or watercourses, trunks, tunnels, plats, or bridges, after they shall have been made by or taken under the charge of such surveyor, or district surveyor, and without his authority and consent, such owner, occupier, or other person shall be liable to reimburse all charges and expenses which may be oc casioned by reinstating and making good the work so altered, obstructed, or interfered with, and shall also forfeit any sum not exceeding three times the amount of such charges and expenses. Id. s. 68.

Encroaching on the highways.] If any person shall encroach by making or causing to be made any building, hedge, ditch, or other fence, on any carriageway or cartway, within the distance of fifteen feet from the centre thereof, every person so offending shall forfeit, on conviction, for every such offence, any sum not exceeding forty shillings; and the surveyor who hath the care of any such carriageway or cartway, shall cause such building, hedge, ditch, or fence to be taken down or filled up

at the expense of the person to whom the same shall belong; and the justices, at a special sessions for the highways, upon proof to them made upon oath, shall levy as well the expenses of taking down such building, hedge, or fence, or filling up such ditch as aforesaid, as the several and respective penalties hereby imposed, by distress and sale of the offender's goods and chattels, in such manner as distresses and sales for forfeitures are authorized and directed to be levied by virtue of this act. Id. s. 69.

Steam engines, windmills, &c.] And it shall not be lawful for any person to sink any pit or shaft, or to erect or cause to be erected any steam-engine, gin or other like machine, or any machinery attached thereto, within the distance of twenty-five yards, nor any windmill within fifty yards, from any part of any carriageway or cartway, unless such pit or shaft or steam-engine, gin or other like engine or machinery, shall be within some house or other building, or behind some wall or fence sufficient to conceal or screen the same from the said carriageway or cartway, so that the same may not be dangerous to passengers, horses or cattle;--nor shall it be lawful for any person to make or cause to be made any fire for calcining or burning of ironstone, limestone, bricks, or clay, or the making of cokes, within the distance of fifteen yards from any part of the said carriageway or cartway, unless the same shall be within some house or other building, or behind some wall or fence, sufficient to screen the same from the same carriageway or cartway as aforesaid:-and in case any person shall offend in any of the cases aforesaid, every such person so offending shall forfeit and pay any sum not exceeding five pounds for each and every day such pit, shaft, windmill, steam-engine, gin, machine, or fire shall be permitted to continue contrary to the provisions of this act, which said penalties shall be levied, recovered and applied in such and the same manner as any penalty or forfeiture for any other offence, on any highway may be levied, recovered, and applied: Provided that nothing herein contained shall be construed to restrain any person or persons from using, repairing, rebuilding, or enlarging any windmill steam-engine, gin, or other like machine, or any kiln, or other erection used for the purpose of calcining or burning of ironstone, limestone, bricks, or clay, or the making of cokes, which may have been erected and may be in existence at the passing of this act. Id. s. 70.

Gates and railways.] Whenever a railroad shall cross a highway for carts or carriages, the proprietors of the said railroad shall make and maintain good and sufficient gates at each of the said crossings, and shall employ good and proper persons to attend to the opening and shutting of such gates, so that the persons, carts or carriages passing along such road shall

not be exposed to any danger or damage by the passing of any carriages or engines along the said railroad; and any complaint for any neglect in respect of the said gates, shall be made, within ten days after the said neglect, to one justice, who may summon the party so complained against to appear before the justices at their next special sessions for the highways, who shall hear and decide upon the said complaint, and the proprietor so offending shall forfeit any sum not exceeding five pounds. Id. s. 71.

Riding on footpaths, injuring the road, making fires, &c.] If any person shall willfully ride upon any footpath or causeway by the side of any road, made or set apart for the use or accommodation of foot passengers ;-or shall wilfully lead or drive any horse, ass, sheep, mule, swine, or cattle or carriage of any discription, or any truck, or sledge, upon any such footpath or causeway; or shall tether any horse, ass, mule, swine, or cattle on any highway, so as to suffer or permit the tethered animal to be thereon ;-or shall cause any injury or damage to be done to the said highway, or the hedges, posts, rails, walls or fences thereof;-or shall willfully obstruct the passage of any footway; or wilfully destroy or injure the surface of any highway;—or shall willfully or wantonly pull up, cut down, remove, or damage the posts, blocks or stones fixed by the said surveyor as herein directed ;-or dig or cut down the banks, which are the securities and defence of the said highways;or break, damage or throw down the stones, bricks or wood fixed upon the parapets or battlements of bridges, or otherwise injure or deface the same;-or pull down destroy obliterate, or deface any milestone, or post graduated or direction post or stone, erected upon any highway ;—or shall play at foot-ball or any other game on any part of the said highways, to the annoyance of any passenger or passengers; or if any hawker, higgler, gipsy, or other person travelling, shall pitch any tent, booth, stall, or stand, or encamp, upon any part of any highway; or if any person shall make or assist in making any fire, or shall wantonly fire off any gun or pistol, or shall set fire to or wantonly let off or throw any squib, rocket, serpent, or other firework, whatsoever, within fifty feet of the centre of such carriageway or cartway;-or bait, or run for the purpose of baiting, any bull upon or near any highway;-or shall lay any timber, stone, hay, straw. dung, manure, lime, soil, ashes, rubbish, or other matter or thing whatsoever upon such highway, to the injury of such highway, or to the injury, interruption, or personal danger of any person travelling thereon ;—or shall suffer any filth, dirt, lime, or other offensive matter or thing whatsoever to run or flow into or upon any highway from any house, building, erection, lands, or premises adjacent thereto; -or shall in any way wilfully obstruct the free passage of any

such highway-every person so offending in any of the cases aforesaid, shall for each and every such offence forfeit and pay any sum not exceeding forty shillings, over and above the damages occasioned thereby. Id. s. 72.

Matters laid on highways.] And if any timber, stone, hay, straw, dung, manure, lime, soil, ashes, rubbish, or other matter or thing whatsoever, shall be laid upon any highway, so as to be a nuisance, and shall not, after notice given by the surveyor, assistant surveyor, or district surveyor, be forthwith removed, it shall and may be lawful for the surveyor, assistant surveyor, or district surveyor, by order in writing from any one justice, to clear the said highway, by removing the said stone, hay, straw, dung, manure, soil, ashes, rubbish, or other matter or thing as aforesaid, and to dispose of the same, and to apply the proceeds arising therefrom towards the repairs of the highway within the parish in which such highway may be situate: Provided nevertheless, that if any soil, ashes or rubbish shall be laid on any highway, and such soil, ashes, or rubbish shall not be of sufficient value to defray the expence of removing them, the person who laid or deposited such soil, ashes or rubbish shall repay to the said surveyor, assistant surveyor, or district surveyor the money which he shall have necessarily expended for the removal thereof, which money, in case the same shall not be forthwith repaid, shall be levied as forfeitures are herein directed to be levied. Id. s. 73.

Cattle straying on highways.] And if any horse, ass, sheep, swine, or other beast or cattle of any kind, shall at any time be found wandering, straying, or lying, or being dispastured, on any highway or on the sides thereof, without a keeper, (except on such parts of any road as lead or pass through or over any common or waste or uninclosed ground,) any surveyor, or any other person authorized by him, is hereby required to seize and impound every such horse, ass, sheep, swine, or other beast, or cattle, in the common pound (if any) of the parish where the same shall be found, or in such other place as the surveyor shall have provided or shall provide for that purpose, and the same there to detain, until the owner thereof shall, for every and each horse, ass, sheep, swine, or other beast or cattle so impounded, pay any sum not exceeding one shilling, together with reasonable charges and expenses (such charges to be settled by any two justices of the peace,) of impounding and keeping the same, to the surveyor of the parish in which the beast so impounded shall have been found, the said sum so paid for each beast to be applied to the repair of the said highway; and in case the said penalty, charges, and expenses shall not be paid within five days after such impounding, (notice being thereof first given to the owner if known at the time,) it shall and may be

lawful for any two justices of the peace to order every such horse, ass, sheep, swine or other beast or cattle to be sold, except where it shall be made to appear to such justices that the same escaped from any inclosure by any gate or fence being wilfully or negligently left open or destroyed by any person not being owner of such inclosure, nor employed by such owner, or that it arose from accident, and was not wilful, in which case such justices may remit the said penalty; and the money arising from such sale, after deducting the said penalty, and charges and expenses of impounding, keeping, and selling every such horse, ass, sheep, swine, or other beast or cattle, shall be paid to the person whose property the same so sold shall appear to have been; and in case the owner thereof shall not be known, and no application shall be made for the money arising from such sale within one calendar month after such sale shall have taken place, the said money shall be applied, after deducting the said charges and expenses, in the same manner as the said penalty of one shilling is herein directed to be applied but no owner of any horse, ass, sheep, swine, or other beast or cattle impounded as aforesaid shall in any case pay more than the sum of twenty shillings, over and above the charges and expences of impounding and keeping the same, for any number of horses, asses, sheep, swine, or other beast or cattle impounded at one time: also nothing in this act shall be deemed, taken, or construed to extend to take away any right of pasturage, which may exist on the sides of any highway. Id. s. 74.

And in case any person shall release or attempt to release any horse, ass, sheep swine, or other beast or cattle, which shall be seized for the purpose of being impounded under the authority of this act, from the pound or place where the same shall be so impounded, or in the way to or from any such pound or place, or shall pull down, damage or destroy the same pound or place, or any part thereof, or any lock or bolt belonging thereto or with which the same shall be fastened, or shall rescue or release, or attempt to rescue or release, any distress or levy which shall be made under the authority of this act, until or before such horse, ass, sheep, swine, or other beast or cattle seized or so impounded, or such distress, or levy so made, shall be discharged by due course of law: every person so offending shall, upon conviction thereof before any two of His Majesty's justices of the peace, forfeit and pay any sum not exceeding twenty pounds, and in default thereof be committed by such justices, by warrant under their hands and seals, to the house of correction of the county wherein the said offence shall have been committed, there to be kept to hard labour for any time not exceeding three calendar months. Id. s. 75.

Nuisances at common law.] Any obstruction of a public