Page:Ruffhead - The Statutes at Large - vol 4.djvu/150

 98 C. 18. Anno primo Ann^e Reglnae. Stat.i A.D. 1701, Penalty on Con- ftable, &c. Fines, S:t.i to be paid to the Trea- I'urer. Matters concern- ing Repair of Bridges, &c. V'hcre to be determined. Tuftices to al- low 3 d. in the Pound, &c. General Iffae. Double Cofts, Perfons and Things exempt- ed. Penalties how to be levied. 23 Eliz, c. II. repealed. CardifFe Bridge deemed a com- nion Bridge ; How it ihail be lepaired. Orders hereto- fore made nut to be annulled. III. And to the End that the Money which is hereby intended to be afTefTed and levied, may be duly colleiSled, paid and applied to the feveral Purpofes for which it is intended, be it further enafted by the Authority afore(jid,That every High Conftable, Churchwarden, Overfeer of the Poor, or Petty Conftable, or other Perfon that (hall neg]e£t to aiTefs, collect or pay the Money hereby -intended to be raifed, as is herein before direded, fhall for every fuch Offence forfeit the Sum of forty Shillings ; and every Treafurer that fhall pay any Money but by Order of fuch Juftices of the Peace, at fuch Seffions (which Order the faid Jufl:ices are hereby required and commanded to make only for the building, repairing, or amending fuch Bridges, and the Highways at the End of fuch Bridges as aforefaid) fhall for every fuch Offence for- feit the Sum of five Pounds. ' IV. And whereas upon Prefentments, and Indi£i:ments for not repairing fuch Bridges, and the High- ' ways at the End of fuch Bridges, the Fines impofed and fet upon fuch Prefentments and Indiftments, ' and other Fines and Iffues for not repairing, building and amending fuch Bridges, and the Highways at ' the End of fuch Bridges, are returned into the Court of Exchequer, or other Courts j' Be it therefore further enaded by the Authority aforefaid. That no Fine, Ifiue, Penalty or Forfeiture, fhall hereafter be returned into the Court oi Exchequer, or other Court, but fhall be levied and paid into the Hands of the Treafurer or Treafurers, fo as aforefaid appointed by the faid Juftices, to be accounted for by the faid Treafurer, and to be applied by the faid Juftices towards the building, repairing or amending fuch Bridges, and the Highways at the End of fuch Bridges, and to no other End or Purpofe whatfbever. V. And be it enailed by the Authority aforefaid. That all Matters concerning the repairing and amending of the Bridges and Highways herein before mentioned, fliall be determined in the County where they lie, and not elfevirhere ; and that no Prefentment or Indiftment for not repairing fuch Bridges, or the Highways at the End of fuch Bridges, fhall be removed by Certiorari out of the faid County into any other Court. VI. And be it further enabled by the Authority aforefaid. That the faid Juftices of the Peace at fuch General Quarter-Seffions as aforefaid, fhall have full Power and Authority to allow fuch Per- fons concerned in the Execution of this prefent Aft, any Sum not exceeding three Pence in the Pound. ' VII. And be it farther enabled by the Authurity aforefaid. That if any A£lion or Suit fliall be here- after commenced or profecuted againft any Perfon or Perfons by this Aft authorized to put the fame in Execution, every Perfon or Perfons fo fued may plead the General Iffue, and give this Aft, or the faid recited Aft miade in the two and twentieth Year of the Reign of King Henry the Eighth, and the fpe- cial Matter, in Evidence ; and if the Plaintiff {hall become nonfuit, or forbear further Profecution, or fuffer Difcontinuance, or if a Verdift pafs againft him or her, the faid Defendant and Defendants fliall recover his and their double Cofts, for which he and they (hall have the like Remedy, as in Cafes where Cofts by Law are given to Defendants. VIII. Provided always. That this Aft nor any Thing therein contained fhall excufe or difcharge any particular Perfons, Eftates, or Places from repairing any Bridge, which they have heretofore ufually repaired. IX. And be it further enafted by the Authority aforefaid. That all the Penalties and Forfeitures in- curred by this Aft fliall be applied towards the repairing the faid Bridges, and Highways at the Ends of the fame. ' X. And whereas great Inconveniencies have been occafioned by the uncertain Meaning of an Aft ' in the County of G&xnorgz.n;' Be it therefore enafted by the Queen's moft Excellent Majefty, by and' wirh the Advice and Confent of the Lords Spiritual and Temporal, and Commons, in this prefent Parlia- ment affcrabled. That the Aft aforefaid be from henceforth repealed, and the fame is hereby declared to- be repealed, to all Intents and Purpofes whatfoever. ', XL And whereas the Town oi Cardijfe in the faid County was, before the faid Aft of Queen Eli- ' ZABETK, obliged to pay and difcharge the whole Expence for the Repair of the faid Bridge, but in Re- ' raifed on the County, and the fixth Part only on the faid Town of Cardiffe : And whereas the Poverty ' of the foid Tov/n is fmce much increafed, by reafon of the great Decay of Trade in the faid Town ;'' Be it therefore further enafted by the Authority aforefaid, for a more effeftual Provifion for the Time- to come, That the Bridge aforefaid, commonly called Cardiff'e Bridge^ fliall from henceforth be re- puted and adjudged to be a common and a publick Bridge, to be repaired from Time to Time by the County of Glamorgan ; and that the Juftices of the Peace for the Time being for the County of Glamorgan fhall have full Power and Authority, from Time to Time, as Occafion fliall require, at their General Quarter-Seffions, to make Orders, and execute the fame, as well within the Town of Cardiffe, as elfewhere within the County of Glamorgan, touching the rebuilding and repairing of the Bridge aforefaid, and Wears thereto adjoining or belonging, in the fame Manner as any the Juftices of any other County have, or may have, concerning other common and publick Bridges, by this or any other Lay/ whatfoever. XII. Provided neverthelefs. That nothing herein contained fhall be conftrued or extend to make void or annul any Order heretofore made touching the Repair of the Bridge and Wears aforefaid. ' XIII. And whereas many private Perfons, or Bodies Politick or Corporate, are of Right obliged to ' repair fuch decayed Bridges, and the Highways thereunto adjoining, but becaufe the Inhabitants of the ' County, Riding, or Divifion, in which fuch decayed Bridge or Highways lie, have not been allowed, ' upon Informations or Indiftnienis brought againft fuch Perfon or Perfons, Bodies Politick or Corporate,
 * made in the twenty third of Queen Elizabeth, intituled. An JSfor the re-edifying a/'Cardiffe Bridge
 * gard of the Poverty of the faid Town, five Parts of the faid Expence was by the faid Aft direfted to be
 * for