Page:Ruffhead - The Statutes at Large - vol 4.djvu/375

 A. D. 1707, Anno fexto Anri^ Regin*, C. 29. 323 CAP. XXIX. An A£b to repeal a Claufe in an Aft of the feventh Year of the Reign of his kte Majefty (for amending and repairing the Highways) which enjoins Waggoners and others to draw with a Pole between the Wheel Horfes, or with double Shafts, and to oblige them to draw only with fix Horfes or other Beads, except up Hills, WHEREAS by an A£l made in the feventh and eighth Years of the Reign of his late Majefty 7&8 w. 3. King William the Third, of glorious iVIemory, intituled. An A Si for the better amending and ^' ^9- repairing the Highways, and Explanation of the Laws relating thereunto, it is enabled, That all Hories or Oxen drawing any travelling Waggon, Wain, Cart, or Carriage, wherein any Burdens, Goods, or Wares are or fliall be carried or drawn for Hire, Ihall draw in Pairs with a Pole between the Vv^heel Horfes, or in double Shafts, and the other Horfes to draw in a Line with the Wheel Horfe or Oxen, in the fame Manner as they ufually draw in Coaches, under the Penalty of forty Shillings for every Of- fence ; Two third Parts thereof to be to the Ufe of the Highways, and the other third Part to the In- former: And whereas the aforefaid Manner of drawing with a Pole between the Wheel Horfes, or in Mannerofdraw ment of the Forfeitures in the faid A£l mentioned, to the Ruin of the faid Waggoners and Carriers, and to the great Damage 'of the Owners of the Goods, V/ares, and Merchandizes conveyed in fuch Waggons, Wains, and Carriages by the Delays in their Journies, occafioned by fuch common Infor- 13 Ed, i.fi.%. mers :' For Remedy whereof, be it ena£ted by the Queen's moft Excellent Majefty, by and with the '-J; „ „ „ Advice and Confent of the Lords Spiritual and Temporal, and Commons, in this prefent Parliament af- * ^ 3 ^' ®^'w. fembled, and by the Authority of the fame. That fo much of the faid recited Aft, as is herein before men- ckufe in the tioned, {hall be, and from henceforth fhall fland abfolutely repealed, and is hereby repealed. faid Afl repealed. II. And be it further enacEled by the Authority aforefaid, That all Seizures and Suits now depending Suits depending in any of her Majefty's Courts at Law, or which fhall at any Time hereafter be feized, brought, or pro- for Forfeitures, iecuted upon the faid Claufe in the faid recited Aft, under Pretence of any Seizure or Forfeiture, or Pe- &<:• difcharged, nalty incurred for Breach of the faid Claufe in the faid Aft, or for any Offence committed, or fuppofed to be committed againft the fame, fhall be, and are hereby declared to be difcharged, difcontinued, and determined ; and that all Seizures upon the faid Claufe in the faid recited Aft, made or to be made, are AH Seizures null hereby declared to be difcharged, releafed, null and void. ^"<' ^°'*' III. And be it further enafted by the Authority aforefaid. That from and after the four and twentieth From 24. June Day of y««^ one thoufand feven hundred and eight, no travelling Waggon, Wain, Cart, or Carriage, 1708, noWag- wherein any Burdens, Goods, or Wares fhall be carried or drawn, other than fuch Carts and Carriages, 8'"'> ^^- }° *" as are or fhall be employed in and about Hufbandry and manuring of Land, and in the carrying of Hay, u^"'"^'^')-. Straw, Corn, Coal, Chalk, Timber for Shipping, Materials for Building, Stones of all Sorts, or fuch Aklred by V' Ammunition or Artillery as fhall be for the Service of her Majefty, her Heirs or Succeflbrs, fhall at any Geo. i. flat. n. one Time travel, be drawn, or go in any common or publick Highway or Road with above fix Horfes, c. n. Oxen, or Beafts, upon Pain that every Owner of every fuch Waggon, Wain, Cart, or Carriage, fhall E*«ption. forfeit for every fuch Offence the Sum of five Pounds ; one Moiety whereof fhall be to the Surveyors of See 5 Geo. i. the Highways of the Town, Village, Hamlet, or Place where any of the faid Offences fhall be commit- "=• '*• §■ '• ted, to be employed in the Repairs of the faid Highways, and the other Moiety thereof to him that fhall o *p™ T'^'f'V difcover and profecute for any of the faid Offences (provided fuch Difcoverer or Profecutor bean Inha- " ^"^^yo S • bitant of fuch Town, Village, or Place) the faid Penalty to be levied by Diftrefs of all or any of the faid % 9 Annas, c. Hories, Oxen, or Beafts, by Warrant under the Hand and Seal of one Juftice of the Peace ; and in cafe ^^^ ^Pe'fon the faid Penalties be not paid within three Days after, that then it fhall be lawful to and for the faid Per- f^iZ the Horfe/ fon and Perfons fo diftraining as aforefaid, to fell the fame, and to reftore the Overplus to the OwJier, &c.. the Charges of keeping and felling being firft dedufted ; and if any fuch Surveyor fhall wilfully fuffer any To be levied by fuch Waggon, Wain, or Carriage to be drawn with more than fix Horfes, and fhall negleft to put this Difcefs and Sale, or any former Laws made for repairing the Highways in Execution, fhall forfeit five Pounds, to be di- vided and recovered as aforefaid. . IV. Provided always, and be it further enafted by the Authority aforefaid. That nothing in this Aft 'Contained fhall extend, or be conftrued to extend, to reftain or hinder any Owner or Owners of fuch tra- velling Waggon, Wain, Cart, or Carriage, or his or their Servants, ufing or drawing with as many ^^"° '"^" Horfes or Beafts as fhall be neceflary for the drawing fuch Waggons, Wains, Carts, or Carriages up any Horfo fw^aw. Hills, as the Juftices of the Peace of the refpeftive Counties, Ridings, Divifions, and Places, where ing up Hills, &c* fuch Hills lie, fhall at their Quarter- Seffions, from Time to Time, order and direft, which faid Order os juftices fliall and Direftion fhall be carefully kept by the refpeftive Clerks of the Peace, amon^ft the Records of the ^"_^- Seflions, to which all Perfons, at rcafonable Times, fhall have Recourfe, without Fee or Reward, with- ^''i*j'h^"'V* out incurring any Forfeitures or Penalties herein before mentioned j any thing in this, or any other Aft ^c.^i$.^l, *"' to the contrary in any wife notwichftanding. p^^ farther Pro' ' vifioni concerning Highways, fee g Am. c. i8, 1 Ceo. t. <:. M (S 52. 5 Geo, I. C. 12. 6 Geo. 1, c. 6. 5 Geo. 2. t. 33. (which is maje ferfe:ual iy 27 Geo. z. c. 16. 7 Geo, 2. c. 9. 8 Geo. 2. c. 20, 9<?eo. 2, r. 18. i4C«. 2. c. 42. 15 Geo, 2. (. 2. iC Grc. 2, (.. 29. a|G«.2.f.»8, z^Gea.t.^j, liCeo.z.e.ii ^ JO. 28 Geo. z. CM J, 3oC«.2.'c. sS, mJ ^iCn. 9, c, 34. Tt2, CAP.