Section IV Where not sufficient Gravel, &c. in any Parish, Surveyors may carry away Gravel, &c. out of neighbouring Parishes, &c. without paying for the same.

Where not sufficient Materials in Commons, &c. then to dig for the same in Private Grounds (Exception) without paying, but to make Satisfaction to Owners.; Quarter Sessions to determine the same.; Pits, &c. to be filled up or secured.

And bee it further enacted by the Authority aforesaid, That where there is not sufficient Gravell, Chaulke, Sand, or Stones, within any Parish, Towne Village or Hamlett, wherein the said Highway or places aforesaid, or any of them doe lye to repaire the said Highway, at any of the places aforesaid, It shall and may bee lawfull, for the said Surveyors, in their severall and respective Countyes, or any three or more of them, and such person and persons, as they shall appoint, to digg, take, and carry away, Gravell, Chaulke Sand or Stones, out of the Wast or Coo[m]mon of any neighbouring Parish, Towne, Village, or Hamlett (without paying any thing for the same) for the repairing or amending of the said Highway, at any the places aforesaid, or where there is not sufficient of such materialls, in any Coo[m]mon or Wast Ground thereunto neere adjoyning, to digg in the severall grounds of any person or persons, not being an House Garden Orchard, Yard, or Parke stored with Deere, being within any Parish chargeable towards the repaires of the said Highway and places, soe to bee repaired where any such materialls are or may bee found, And from time to time to carry away such, and soe much thereof, as the said Surveyors, or any three or more of them, in their respective Countyes, shall adjudge necessary for the said Reparations, without paying any thing for such materialls, saving only such reasonable satisfaction, to the Owner or Occupyer of the Ground, where the same shall bee soe digged and carryed away, as for the damage hee or they shall thereby susteyne to bee assessed and adjudged, by the said Justices of the County, where the same is digged, at the next or any other Quarter Sessions for the said County, in case of difference concerning the same, And that the Pitts and places, where and from whence such materialls, shall bee dugg and carryed away for the Reparations aforesaid, shall with all convenient speed, (to bee adjudged by the X1said Justices of Peace as aforesaid) bee filled up and levelled with earth or other materialls, or else rayled about, soe as that the same may not bee deemed dangerous or prejudiciall to man or beast,