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Contractor and surveyors may take materials for roads, &c.
Damage to be assessed by three appraisers;
and amount paid.
Lands not to be entered without order of justices against will of occupier.
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136. Every district surveyor, and every contractor for any work to be executed by grand jury presentment, shall have power and authority to dig for, raise, and carry away, in or out of any lands, not being a deer park, bleach green, orchard, walled garden, haggard, or yard, or planted walk, lawn, or avenue to a mansion house, any gravel, stones, sand, or other materials, whether the same be found in the same or any adjoining county, which may be wanted for the building, rebuilding, enlarging, or repairing any bridge, arch, gullet, pipe, or wall, or for the making, repairing, or preserving any road or footpath; and such surveyor or contractor is hereby further empowered to make drains, in order to carry off water which might injure any bridge, gullet, arch, pipe, wall, or road, in or through any lands, not being a deer park, bleach green, orchard, walled garden, haggard, or yard, or planted walk, lawn, or avenue to a mansion house, and shall make such satisfaction for the damage done thereby, or by taking any such materials as aforesaid, as shall be agreed upon between the parties, or assessed by three appraisers, which appraisers shall view the ground immediately previous and immediately after such damages shall be committed, one of such appraisers to be named by the owner or occupier of the land, and another by the surveyor or contractor, and the third by any neighbouring justice of the peace; and in case any surveyor or contractor shall refuse, or, after four days notice in writing from such landholder, neglect to name an appraiser on his part, then one shall be named for him by such justice; and such three appraisers shall be sworn by such justice of the peace (previous to the damage being committed) to be appraisers of such damages as may occur, and to make a true estimate thereof, in which estimate the value of any stones, gravel, or other materials, shall not be included, but only the waste committed by breaking the surface, and making a passage through the land, unless where such stones, gravel, or materials shall be taken from any quarries or gravel pits bonâ fide demised with liberty to work the same; and the amount of the damage to be awarded shall be paid to the owner or occupier of the ground as awarded, and one shilling each to the appraisers, within one week after the award, and in default of payment may be recovered in summons before any justices at petty sessions: Provided always, that it shall not be lawful for any such contractor or surveyor to enter any lands for any such purpose against the will of the occupiers thereof without the previous order of two justices of the peace at petty sessions, which order such justices are hereby authorized and required to grant, on its being proved to their satisfaction that the gravel, stones, or other materials sought cannot be conveniently procured elsewhere, nor such drain otherwise sufficiently made or cleansed.
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