Page:Ruffhead - The Statutes at Large - vol 2.djvu/746

 696 C. 19. Anno tricelimo nono Reginas Elizabeths. -A. D. 1597: C A P. xix. An Aft for the Amendment of Highways in Suffex, Surrey and Kent. 1 Ed. 1. St. 2.' ' J H E R E A S in one Aft of Parliament made in the kveh and twentieth Year of the Rei ' »» Sovereign Lady the Queen's Majefty that now is, in one Act then made, intituled, An Act for miich 61 the ' Prefefvatibn of 'Timber in the Wildi of the Counties of 'Suflex, Surrey and Kent, and for the Amendment of Statute of ' Highivays decayed by Carriage to and from Iron-Mills there, fome Remedyps provided for the impairing an'd 27EUZ. c 19. ' ' fpoiling of Highways by the Carriages of Coals, Mine andiron, to and from the Iron-works within us concerneth ' fome Fart of the faid Counties of Surrey and Kent, and Provisions for the amending of Highways decayed ^ repairing of <■ ; n t h e County of Suffex, by the Faid Means is left out :" And alfo the faid Act hath not taken the fame Surrey and Kent. ' 3 00 ^ Effect for the Amendment of Highways within the faid Counties of Surrey and Kent, as hath "been II. Be it therefore enacted by our Sovereign Lady the Queen's Majefty, the Lords Spiritual and Tem- 17 Eliz, c. 19. poral, and the Commons, in .this prefent Parliament alTemble'd, and by the Authority of the fame, That " fo much of the faid Act of Parliament made in the faid feven and twentieth Year of the Queen's Majefty's Reign, as fh'all concern the Amendment of Highways in the faid Counties of Surrey and Kent fhall from henceforth be repealed. Whatihall be III. And be it further enacted by the Authority aforefaid,. That the Occupiers of all manner of Iron- paid tor the Re- W orks whatfoever, as Owners or Farmers of the fame, by any Eftate of Inheritance, for Life, Lives, or ^ a 'th WiddTof ' or Term of Year or Years, or at Will, which (hall at any Time hereafter carry or caufe to be carried any Suffex, Surrey Coals, Mine or Iron, to or far any their Iron-works, between the twelfth Day of Otlobcr and the firft snd 'Kent. Day of May, in any Year, fhall for every three Loads of Coal or Mine, as alfo for every Tun of Iron, which fhall be carried by any manner of Wain or Cart, between the faid twelfth Day of OSiober and the firft ' Day of May, by the Space of one Mile through any Highways within the faid Wields of Suffex Surrey, Kent or any of them, fhall pay or caufe to be paid unto the Juftice of Peace dwelling near unto the Places ■ in the faid County where the Highways fhall be moft annoyed, or his Affignee, the Sum of three Shillings ; - (2) The fame to be levied after Default of Payment thereof, by fuch Juftice of Peace or Affignee, byway of Diftrefs of any of the Goods and Chattels remaining in the faid County, of fuch Perfon as fo mould have paid fuch Sum. Carriage of : IV. And be it further enacted by the Authority aforefaid, Th at every Perfon and Perfons, Occupier of Coals, &c. (or Iron-work as aforefaid, which fhall at any Time hereafter carry or caufe to be carried any Coals, Mine iawe™" "the'fi'rft or Iron, to or for any their Iron-works, between the firft Day of May and the twelfth Day of OSiober in Day of May and an y Year, for every thirty Loads of Coals and Mine or either 'of them, and for every ten Tuns of Iron the twelithof to be carried rs' aforefaid, one Load of Cinder, Gravel, Stone or Chalk, meet for the Repairing and October. Amending of the faid Highways as aforefaid, to be laid and employed in fuch Place and Places of the Highways as by any Juftice of the Peace of any the Counties' afo'refaid,' dwelling near unto the Places ■•■«■ where the Highways within the Limits aforefaid ihall be moft annoyed by any of the Means aforefaid, ac- cording to the greater and more prefent Neceffity, fhall be appointed and affigned, or elfe pay or caufe to be paid, for and in Allowance of every Cart-load, in Manner and Form aforefaid jro have been fo carried and laid, three Shillings, within eight Days after the Demand thereof at any fuch Iron-work made, to. or. . from which Iron-work any fuch Carriage fhall be, to the Hand of the faid Juftice of Peace, or his Affigns ; the fame to be levied after Default of Payment upon the Demand thereof, from Time to Time by way of In Default of - Diftrefs : (2) And if fuch Juftice of Peace, by r'eafon of Abfence or other Occafion, do not, or mall not the Juftice of, w i(h} n forty Days next after the faid firft Day of May, yearly affign and appoint, where and i:i what Place ve^ors Vail "have of the Highways the faid Cinder, Gravel, Stone or Chalk, to be carried as aforefaid, or where or how the the Difpofition Money thereof due, or fo paid, fhall be imployed and bellowed ; That then the fame Cinder, Gravel, of the Gravel,, Stone or Chalk, fhall be laid and employed by fuch Perfon or ■Perfons as by this Act are to carry and lay &cv ' . ■ the fame, or to caufe the fame to be carried and laid, in fuch Place and Places of the Highways, as the Surveyors within the Parifh for the Time being, where the Highways fhall be moft annoyed' as aforefaid, The Forfeiture fhall affign or appoint : (3) or in Default thereof, pay to the faid Surveyors for every fuch Load due and ot the Offender, unearned, three Shillings in Manner and Form aforefiid ; (4) upon Pain of Forfeiture of ten Shillings for every load of Cinder, Gravel, Stone or Chalk, not carried, laid and employed in the Highways, or three Shillings unpaid as is afgre-faid, to be forfeited and. paid by the Perfon and Perfons which. by this- ASt ought to carry and lay, or caufe- to be carried and laid, the Cinder, Gravel, Stone or Chalk, or there- fore to have paid as is aforefaid, after due Conviction and Presentment "thereof had before the j uftices of Ofer and Terminer, or Juftices of Peace, in any of their open Seffion or Seilions to be holdej; before How the Money them or any of them: (5) All which Sum r.nd Sums of Money to be forfeited by Reafon of this Act, forfeited (hall be for or in Default of Carriage and laying of the faid Cinder, Gravel, -Stone or Chalk, or Payment thereof levied and em- as aforefaid, Jhall- be likewife 1 id employed upon the Amendment and Repairing of. the High- ployed. .ways, at and by the Difcretibn of: an} I ic'ri juftice of Peace, as fhall dwell and be refluent next unto the Place and Places being moft by the Carriages aforefiid; (6) the fame to be levied by way of Diftrefs, by any Coiifv'. !e, Ti r .:. ....:, J.i ad borough or other Officer thereunto to be affign ;J, by Warrant made epen'Seffi' i. Clerk of the-Pea'ee of the County where any the Offence or Offences aforefaid fh'all. ^committed, or -by any "o Jullices of the Per.ce, whereof one to be of the Quorum, which where prefer. l at the Sefli >, ierein* the faid Conviction of or for any the Offences fhfi Penalty if aforefaid fhall be had : (7) and if no fufE i :nt Diftrefs can be found by the faid Officer appointed to levy no Diftrefs can be found, nor the Offender pay within the Time limited. i the
 * ' expected :'