Highway Act 1835

LIII Notice to be given before Materials are taken from private Lands. If the Occupier shows Cause against the Removal, Two Jutices shall decide thereon.

And be it further enacted, That it shall not be lawful for any Surveyor, or any other Person acting under the Authority of this Act, to dig, gather, get, take, or carry away any Materials for making or repairing any Highway out of or from any inclosed Land or Ground, until One Calendar Month's Notice in Writing, signed by the Surveyor, shall have been given to the Owner Of the Premises from which such Materials are intended to be taken, or to his known Agent, and to the Occupier of the Premises from which such Materials are intended to be taken, or left at the House or last or usual Place of Abode of such Owner or Agent, and also of such Occupier, to appear before the Justices at a Special Sessions for the Highways, to show Cause why such Materials shall not be had 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 Surveyor or other Person to dig, get, gather, take, and carry away such Materials at such Time or Times as to such Justices shall seem proper; and if such Owner, Agent, or Occupier shall neglect or refuse to appear by himself or his Agent, the said Justices shall and may (upon Proof on Oath of the Service of such Notice) 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 Agent, had attended.