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Removal, &c. of nuisances and obstructions on roads or bridges, and penalties on persons neglecting to remove the same.
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81. In case any surveyor or engineer or other officer employed by the commissioners for the execution of this Act shall observe any nuisance or encroachments, obstructions of ditches, drains, gutters, or watercourses, or any other annoyances whatsoever, made, committed, or permitted in or upon or to the prejudice of any roads or bridges to be made or erected under the provisions of this Act, or shall observe any timber, stone, lime, peat, dung, soil, compost, or ashes deposited or remaining thereon, or if any persons shall remove or carry away any earth, sand, gravel, or stones forming part of any such roads or bridges, or shall turn or dam any water thereon, or if any proprietor or occupier shall neglect at all proper times, under the direction of the said commissioners for the execution of this Act, to cleanse or scour any ditches or watercourses affecting such roads or bridges, such engineer or surveyor or other persons appointed by the said commissioners shall give or cause to be given to any person or persons doing, committing, or permitting the same either personal notice, or a notice in writing to be left at his, her, or their usual place or places of abode, specifying the particulars wherein such nuisances, encroachments, obstructions, or annoyances consist; and if the same shall not be removed, and the ditches, drains, gutters, and watercourses effectually cleansed and opened, within seven days next after such notice shall have been given as aforesaid, it shall be lawful for such surveyor or engineer or other person appointed by the said commissioners, and he and they is and are hereby authorized and empowered, forthwith to remove such nuisances, obstructions, and annoyances, and to open, cleanse, and scour such ditches, drains, gutters, and watercourses; and the person or persons neglecting to observe and obey the above-mentioned notice shall pay to such engineer or surveyor or other person employed by the commissioners under this Act such charges as shall be adjudged to be reasonable by any two justices of the peace of the same county wherein such offence or nuisance may have been committed or exist, and shall also forfeit, at the discretion of such justices, any sum not exceeding ten pounds; and in default of payment of such charges and penalty the same shall be levied and recovered, with all costs attending the levying of the same, by distress and sale of the offender’s goods, by warrant under the hand and seal of either of the said two justices; and in case no sufficient distress can be had, either of such justices is hereby authorized and required, by warrant under his hand and seal, to commit such offender to the gaol or house of correction for the county or place in which such offence shall have been committed, for any term not exceeding one week; and all sums paid or levied by virtue of any such proceedings as aforesaid shall be paid to the surveyor or engineer or other person appointed by the said commissioners of this Act, to be applied to the construction and maintenance of such roads and bridges; and in every such case the order of adjudication of any such justices of the peace shall be final and conclusive to all intents and purposes whatsoever.
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