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Pits and holes to be filled up or fenced off.
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73. If the engineer or surveyor to the said commissioners, or any contractor or person employed by them respectively, shall, by reason of the searching for, digging, or getting any gravel, sand, stones, chalk, clay, or other materials for making, protecting, and preserving the said roads and bridges, or approaches thereto, make or cause to be made any pit or hole in any common or other lands or grounds as aforesaid wherein such materials shall be found, the said engineer or surveyor or contractor or agent shall forthwith cause the same to be sufficiently fenced off, and such fence supported and repaired during such time as the said pit or hole shall continue open; and shall within four days after such pit or hole shall be opened or made, where no gravel, stones, or materials shall be found, cause the same forthwith to be filled up, levelled, and covered with the turf or clod which was dug out of the same; and, where any such materials shall be found, within four days after having dug up sufficient materials in such pit or hole, if the same is not likely to be further useful, cause the same to be filled up, sloped down, or fenced off, and so continued, and if the same is likely to be further useful, the said engineer or surveyor, or contractor, or other person or persons so employed by the commissioners for the execution of this Act, shall sufficiently secure the same by posts and rails or other fences, to prevent accidents to persons or cattle; and in case such engineer or surveyor or contractor or agent shall neglect to fill up, slope down, or fence off such pit or hole in manner and within the time aforesaid, he or they shall forfeit the sum of twenty shillings for every default; and in case such engineer, surveyor, contractor, or agent shall neglect to fence off such pit or hole, or to slope down the same, as herein-before is directed, for the space of three days after he or they shall have received notice for either of those purposes from any justice of the peace, or from the owner or occupier of such several grounds, or any person having right of common or waste lands as aforesaid, and such neglect and notice shall be proved upon oath before one or more of the said justices of the peace, such engineer or surveyor, contractor or agent, shall forfeit and pay any sum not exceeding five pounds nor less than twenty shillings for every such neglect, to be determined and adjudged by such justice or justices, to be laid out and applied in the fencing off, filling up, or sloping down such pit or hole, in such manner as the said justice or justices shall direct and appoint; which forfeiture, in case the same be not forthwith paid, shall be levied, under the warrant of such justice or justices as aforesaid, by sale of the goods and effects of the party incurring the same.
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