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Commissioners, &c. not to dig for materials out of enclosed land until after notice given to owner of premises to appear before two justices, &c.
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72. Provided always, that it shall not be lawful for any engineer, surveyor, or any other person or persons acting under the authority of the commissioners for the execution of this Act, to dig, gather, get, take, or carry away any materials for making, protecting, and preserving the said roads or bridges or approaches, or either of them, or for such other purpose or purposes as aforesaid, out of or from any inclosed land or ground, until notice in writing shall have been given to the owner or owners of the premises from which such materials are intended to be taken, or his or her known agent, or to the occupier or occupiers of the premises from which such materials are intended to be taken, or left at the house or last usual place of abode of such owner or occupier, to appear before any two or more justices of the peace acting for the county or place from whence such materials intended to be taken shall lie, to show cause why such materials shall not be taken therefrom; and in case such owner, agent, or occupier shall attend pursuant to such notice, but shall not show sufficient cause to the contrary, such justices shall, if they think proper, authorize such engineer, surveyor or other person or persons so employed as aforesaid, to dig, get, gather, take, and carry away such materials, at such time or times as such justices shall deem proper; and if such owner, agent, or occupier shall neglect or refuse to appear by himself, or herself, or his or her agent, the said justices shall and may (upon proof on oath of the service of such notice, and which oath they are hereby empowered to administer,) make such order therein as they shall think fit, as fully and effectually to all intents and purposes as if such owner or occupier, or his or her agents, had attended.
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