Page:Ruffhead - The Statutes at Large - vol 3.djvu/395

 A. D. 1670. Anno vicefimo fecundo Caroli II. C. 12. 347 Walls and Buildings, fronting and adjoining to any of the Highways, Streets or Lanes wiihin the Suburbs Southv/ark and of " ..... . - .- - — - in fuch Manner as by an Adt of this virdent Parliament, made and enadled in the fourteenth Year of his ,5, Majefty's Reign for repairing of the Highways and Sewers, is direfted and appointed : {?.) And that where '.',. '* "' *' any Ground fhall lie at the End of any of the faid Streets or Lanes, or any other Place of which there may be a Difpute who ought to pave or amend the fame, that in fuch Cafe the Juflices of Peace for the faid Places refpeftively, fljall have hereby full Power and Authority in their Quarter-SelTions',* to order and de- termine the fame; which Order fhall be binding to all Perfons whatfoever therein concerned j any Law or Statute to the contrary in any wife jiotwithftanding. VL And be it further enafted by the Authority aforefaid. That from and after the four and twentieth Travelling Wag. Day of Jims next enfuing, no T'ravelling Waggon, Wain, Cart or Carriage, wherein any Burthens, to .s, Wains, &c. Goods or Wares are or {hall be carried (other than fuch Carts and Carriages as arc employed in and about rarrying Goods, Hufbandry and Manuring of Lands, and in the carrying of Hay, Straw, Corn unthreflit. Coal, Chalk, ^'^- '^" ^'^ . Timber for Shipping, Materials for Building, Stones of all Sorts, or fuch Ammunition or Artillery which fi'j'^Hi'rfes^t fhall be for his Majefty's Service) fhall at any one Time travel, or be drawn, or go in any common or pub- jengih. See lick Highway or Road, with above five Horfe-Beafls at Length ; and if any fhall draw with aigreater Nuni- 6 Ann, c. 29. ber of Horfcs or Oxen, they fhall all draw in Pairs, that is to fay, two abreaft for fuch Nurrtber as they g^mi- c 18. fliall ufe, except one Horfe : any Law, Statute orUfage to the contrary notwithflandine, ' '^'^°- '• *'^, ° 2. c. II. and 5Geo. I.e. II. 14 Geo. 4. c. 4t. 15 Ceo. i.e. i. 16 Geo. 2. c. 29, VIL And be it further enafted, That every Owner of any Waggon, Cart, Carriage, Horfe-Beafls or The Forfeiture Oxen, offending contrary to this Aci, fhall forfeit for every of the laid Offences the Sum of forty Shil- for offending iings; one third Part thereof to the Surveyors of the Highways of the Tov/n, Village or Hamlet where ''^'^ '^^• any the faid Offences fhall be committed, to be employed in the Repairs of the faid Highways; one othei ^^^""^ by 7 & third Part to the Overfeers of the Poor of the Parifh where any of the faid Offences fhall be committed, i 2,' ^' '^' to the Ufe of the Poor of the faid Parifli; and the other third Part to him that fhall difcover the fame; to be impofed and levied in fuch Manner, as the Penalties in this A£t impofed on every Conflable or Surveyor
 * of the Highways for refufing or negledljng to put in Execution the feveral Adls of Parliament yet in Force,

for or touching the repairing, amending or enlarging of fuch Highways, are diredied and appointed. VIIL And it is further ena£led by the Authority aforefaid. That in fuch Places where there is no Ufe of Mendingthe Carts and Teams for the Amendment of Highways, but the Ufage and Practice is to carry Stones, Gravel, Highways. Earth or other Materials for fuch Amendment, upon the Backs of Horfes, or by any other Kinds of Car- riages ; That in all fuch Places the Lihabitants ufing any fuch Horfcs or other Carriages, fhall fend in fuch their Horfes as are accuftomed to that kind of Labour, and fuch their other Carriages, with able Perfons to work with the fame, in like Manner, and under the like DirciSlions, Forfeitures and Penalties, as by any former Statute for repairing of Highways is appointed for Carts and Teams. IX. Piovided alfo, and it is further enafted by the Authority aforefaid, That if any Perfon or Perfons Defauhersthcre- fhall fail or make Default- to do their refpeftive Days Labour in every Year for and towards the Repaiiing '"< iheir Puniili- of the Highv/ays, or negleft to fend their refpeftive Carriages, Horfes and Carts, according as by Lav/ they '"'^"^' are refpedtively required'; it fhall and may be lawful for the Surveyor or Surveyors of every Parifh, and they are hereby required, to make Complaint thereof to the next Juitices of the Peace, who are hereby au- thorized and required, upon Proof of any fuch Default or Ncgleft made before them by the Oath of one credible Witnsfs, (which Oath they are hereby impowered to adminifler) to levy by Diftrefs and Sale of the Goods of every Perfon failing or negle£ling as aforefaid, (and not having a reafonable Excufe to be allowed by the faid Juftices) the feveral Penalties hereafter mentioned (rendring the Overplus, reafonable .Charges of Difhraiiung being firfl dedufted) that is to fay, {z) for every Day i^abourer failing or negleft- ing as is aforefaid, one Shilling and fix Pence ; and for every Man and Florfe that fhall make Default, three Shillings ; and for every Cart with two Men, ten. Shillings, for every refpeflive Day wherein they fnall make Default; which refpeftive Penalties fo levied, fhall be employed for and towards the repairing of the Highways in every refpefti^ie Place and Parifh. X. And be it further ena£ted by the Authority aforefaid. That where the Juflices of the Peace of any AiTflTmer.! County, City, or other Place, or the major Part of them, at their General Qu alter- Scflions, fhall be fully when to be'msae 'fatisfiecl, that the common Highways, Caufeys or Bridges within any Parifh, Townfnip or FLimlet within lor.reiiairinF. tlie their refpedtive Jurifdiftion, rnay nor or will not be fufliciently amended, repaired and fupported, by Means '^igJi'^'ys. ■of the Laws now in Force, without the Help of this prefent Aft, in all fuch Cafes one or more Affefl- EXP, ment or Affefi'ments upon all and every the Inhabitants, Owners and Occupiers of Lands, Houfes, Tene- ments and Hereditaments, or any Perfonal Eflate ufually ratable to the Poor, v/ithin any fuch Parif};, 'Townfnip or Hamlet, fhall be made, levied, collefted and allowed by fuch Perfon and Perfons, and in iuch 'Manner, as the faid Juftices by their Order at fuch Sefnons fhall direft and appoint in that Behalf: (2 j And the Money thereby raifed fliall be employed and accounted for according to the Order and Direflions of the faid Juftices, for and towards the Amending, Repairing, and Supporting fuch Highways, Caufeys and . . Bridges, from Time to Time as Need fhall require ; (3) and the f id AiTeffment or AffeiTments fliall be le- vied by Diflrefs and Sale of the Goods of every Perfon fo affefTed (not paying the fame within ten Days after Demand) rendring the Overplus of the Value of the Goods fo diflrained, to the Owner and Owners . ^ thereof, the necefTary Charges of making and felling fuch Diftrefs being firfl deducted. XI. Provided leverthelefs, and be it enafted, That no fuch Affeffment or Afleffments to be made in any six Pence in she one Year, fhall exceed the Rate of fix Pence in the Pound, of the yearly Value of any Lands, Houfes, Pound. Tenements and Hereditaments fo afTefled, nor the Rate of fix Pence for twenty Pounds in Perfonal Eflate^ Y.y 3 " and