Page:Ruffhead - The Statutes at Large - vol 3.djvu/394

 34^ C. 12, Arino vicelimo fecundo Caroli II, A. D. 1670. See /artier tz&MaleHy, hi's Hefrs and Succeflbrs may or ought to appoint fuch and fo many open Places to be Keys and »3 6V.2. f.15. -^jj^rfs within the City of London, and may alfo declare the Bounds, Limits, Extents and Privileges of the Port of London and all other Ports of England, with feveral other Powers and Privileges for the Prefer- vation of his Majefty's Revenue of the Cuftoms collected there j any Thing in this Adt contained to the contrary notwithftanding. CAP. XII. An Additional Act for the better Repairing of Highways and Bridges. 13 EJ. i,pt.7. ' T7 O R the better Repairing and Amending of the Highvi^ays, now generally fpoiled by the extraordinary <■ S- ' 3l and unreafonable Lading of Waggons and other Carriages, and the Negledt of repairing and preferv- 2 af 3 ?. ©■ Af. 6 ing the fame;' (2) Be it enafted by the King's moft Excellent Majefty, by and with the Advice and '• • Confent of the Lords Spiritual and Temporal, and of the Commons in this prefent Parliament aflembled, and by the Authority of the fame, That all Conftables and Surveyors of the Highways from Time to Time All the feveral during their Continuance in fuch their Office or Offices fiiall caufe the feveral A6ts of Parliament heretofore Arts of Parlia- tnade and yet in Force for or touching the Repairing, Amending or Enlarging of Highways, not hereby in ment for repair- ^^^^ p^^^ altered or repealed, to be put in Execution within the Limits of their refpedlive Pariflies and wfys.'^to be put Places, and the Penalties thereby impofed to be levied and difpofed of as by tlie fijid feveral A6I3 is directed ; in Execution. (?) And every Conftable or Surveyor of the Highways, refuiing or neglecting to put the faid A£ts in Exe- £jirB, K. 1. 536. cation, or wilfully fufFering any Waggons or Carts to pafs through his refpe£live Limits with anymore I Haw. p. c. Horfes or other Cattle, or in other Manner, than by this A3: is allowed, flrall upon Complaint thereof «*• 76. made to any Juftice of the Peace of the Place or Divifion where fuch Negledt fhall be proved to be done, by the Oath of any one credible Witnefs (which Oath fuch Juliice is hereby impowered to adminifter) or Penalty for upon View of the Juliice himfelf, be thereof convicted ; (4) and fhall incur fuch Fine as the fame Juftice Negka. fhall think fit to impofe on fuch Officer, not exceeding the Sum of forty Shillings for any one Offence ; the fame Fine to be levied by the High Conftable of fuch Place or Divifion or any other Officer, by Warrant under the Hand and Seal of fuch Juftices of the Peace, upon the Goods and Chattels of the Perfons fo of- fending (rendring the Overplus to the Owner thereof, all neceflary Charge in levying the fame being firft dedufled) to be employed for the amending of the Highways of the Parifh or Place where fuch Negleit fhall be found, as the faid Juftice or Juftices fhall appoint for the doing thereof. LanJs given for H. And be it further enacted, Toat where any Lands have been or ihall be given for the Maintenance of the Maintenance Caufeys, Pavements, Highways and Bridges, all fuch Perfons that a.^e or fhall be enfeoffed or trufted with of Caufeys, ap,y fuch Lands fhall let them to Farm at the moft improved yearly Value without Fine; (2) and that the Highways, Juflices of the Peace in their open Seffions fhall and may enquire by fuch Ways and Means as they thinlc beVanri'fd at the fitting, into the Value of all fuch Lands fo given or to be given, and order the Improvem.ent and Imploy- moft. improved ment of the Rents and Profits thereof, according to the Will and Direilion of the Donor of fuch Lands, if yearjj Value, they find that the Perfons fo intrulled have been negligent or faulty inthe Performance of their Truft (ex- cept fuch Lands as have been given to the Ufes aforefaid, to any College or Hall in either of the Universities of this Kingdom which have Vifitors of their own ;) any Law, Statute, Ufage or Cuftom to the contrary notwithftanding. III. And it is hereby enacted, That one Claufe contained in the Ad of this prefent Parliament, intitu'ed, !3&HCar. a. -^^ A£i for enlarging of Highways, concerning the Breadth of the Tyre of all Waggon and Cart-wheels, is c, 6. §. p. and fhall hereby ftand repealed and be void ; (t.) and it is further enadted. That in Cafe any Perfon or Per- fons Ihall refift or make forcible Oppofition againft any Perfon or Perfons employed in the due Execution of this A£t or any the A»51s before mentioned, or fhall make any Refirue of any Cattle or other Goods di- Forfeiture for ftrained by Virtue of this or any of the faid Afts ; That every fuch Perfon being convidted thereof in lefifting the Of- Manner aforefaid, fliall for every fuch Ofifence forfeit the Sum of forty Shillings: (3) And in Cafe he do for any Juftice of the Peace refiding near the Place where fuch Oppofition or Refcue fiiall be made, to com- mit fuch Perfon or Perfons to the Common Gaol of the County where fuch Offence fiiall be committed, there to remain until the faid Forfeiture fhall be paid to the Surveyor or Surveyors of the Highways for that Parifli where the Ofi^ence was committed, to be employed for the Amendment of the Highways of the fame Parilh; (4) and if any Aftion or Suit fiiall be brought againft anyPerfon or Perfons for or by reafon of any Matter or Thing done by Means of this A£t, the fame fhall be laid in the proper County where the Fadt Vvfas done and not elfewhere ; and the Defendants may plead the General Ilfue and give the fpecial Matter in Evidence: (5) And if it appear at the Trial that the Fadl was done by Authority of this Ai£t, and the Jury fhall find for the Defendant, he thereupon (as alfo in Cafe the Plaintiff be nonfuit or difcon- -TrebleCoJls. tinue his Aftion) fliall recover his Treble Cofts fuftauied by reafon of fuch Ai5tion or Suit. (6) Provided, That in fuch Places where the Highways cannot be fufficiently repaired before the Feaft of the Nativity of Times for re- ^^mtjchn Bapti/l YtaxXy, the fame may and fhall be fufficiently repaired before the Feaif of Saint Li^^^ pjiriogthe yearly, without incurring any Penalty for the not doing thereof before the faid Feaft of the Nativity of Highways. Saint 7^/^ 5c7/>f//;, according to the faid former Aft. Defeastobepre- IV. And be it further enacted by the Authority aforefaid. That all Defedts of Repairs of Caufeys, Pave- fented where the ments, Highways or Bridges fliall be prefented in the County only where fuch Caufeys, Pavements, High- Places defeflive ^ays or Bridges do lie, and not elfewhcre ; (2) and that no fuch Prefentment or Indidtment fhall be re- 5 " & 6 W moved by Certiorari, or otherwife, out of the faid County, till fuch Indidtment or Prefentment be traverfed, 6 NI. c. II. ' '^nd Judgment thereupon given. Lands, Houfes, V. Provided always, and be it enadted. That the feveral Occupiers and Inhabitants, or where there are &c. in the Sub- jjq Inhabitants or Occupiers, the refpedlive Owners of all and lingular the Lands, Houfes, Out-houfes, urbs of London, j Walls
 * '^"'' not pay the faid Sum within feven Days after Notice of fuch Conviction, Then it fliall and may be lawful