Page:Ruffhead - The Statutes at Large - vol 4.djvu/520

 C. 19'. Anno nono Ann'^ Regin^. A. D. 17 10. &c. drawn with * at any one Time travel, be drawn, or go in any common or publick Highway or Road with above fix more than 6 « Horfes, Oxcn, or Beafts, except up Hills, upon Pain that every Owner of fuch Waggon, Wain, Cart ^eiiv"'them'?o ' °^ Carriage, fliall forfeit for every fuch OfFence the Sum of five Pounds ; one Moiety whereof fhall be to the Ssrveyor, ' the Surveyors of the Highways of the Town, Village, Hamlet, or Place, whereany of the faid Offences iic. and if the ' fhall be Committed, to be employed in the Repairs of the faid Highways, and the other Moiety thereof Penalty be not « to him that fliall difcover and profecute for any of the faid Offences, (provided fuch Difcoverer or Profecu- the'^Dift'ref^to ' ^°^ ^^ ^" Inhabitant of fuch Town, Village, or Place) the faid Penalty to be levied by Diftrefs of all be^foid &c. ° ' °'' ^"y ^^^ f^'*^ Horfes, Oxen, or Beafls, by Warrant under the Hand and Seal of one Juftice of the See 1 Geo. i. ' Peace : And whereas the refiraining the Difcovery and Profecution of the faid Offence, to an Inhabitant of Stat, a. c. II. ' the Town or Place where the Offence fhall be committed, and the faid Penalties being appointed to be and 5 Geo. '• * levied by Diftrefs of the faid Horfes, Oxen, or Beafts only, by Warrant under the Hand and Seal of one of'whicVAas ' .T"^^ce of the Peace, do render the faid Acft in a great Meafure ineffedual;' For Remedy whereof, be it no Cart is to be enacted by the Qiieen's moft Excellent Majefty, by and with the Advice and Confent of the Lords Spiri- drawn with more tual and Temporal, and Commons, in this prefent Parliament afl'embled, and by the Authority of the than 3 Horfes. fame. That from and after the four and twentieth Day oi Jwie one thoufand feven hundred and eleven, i£ And fee 6 Geo. fjj^ll and may be lawful for any Perfon or Perfons whatfoever, to feize or diftrain any or all of the Horfes, Afcerta'nment C)xen, or Beafts of any Perfon or Perfons offending againft the faid Aft, by drawing with more than fix of the Quantities Horfes, Oxen, or Beafts, and forthwith to deliver the faid Horfes, Oxen, or Beafts fo feized and diftrained of Meal, &c. to to the Surveyor of the Highways, or other Parifli Officer of the Town, Village, Hamlet, or Place where be carried in the Offence fhall be committed ; and in cafe the faid Penalty be not paid within three D^iys, it fliall and may ILondon. jjg lawful to and for the faid Surveyor of the Highv>'ays, or other Parifh Officer, by Warrant under Hand and Seal of one Juftice of the Peace, to fell the faid Diftrefs, and deliver the Money raifed thereby to the faid Juftice, who is hereby authorized and required to diftribute the Penalties as by the faid Aft is direfted. If the Offender rendring the Overplus, if any be, to the Owner, the Charges being firft dedufted; or if the Offender or ■^t'fli U b d"eU ''' Offenders fhall immediately pay the faid Penalty to the Perfon or Perfons fo feizing or diftraining, or to the ver'd to the next ^^vsyo or other Parifh Officer where the Offence fhall be committed, then the Perfon fo receiving the Juftice, &c. fame fhall deliver it to the next Juftice of the Peace, to be by him diftributed, as aforefaid. II. Provided alv/ays. That if any Perfon or Perfons fhall at any Time refufe or negleft to carry any of feiz'inBthtcaule ^^ ^^''^ Horfes, Oxen, or Beafts, by him fo feized or diftrained, to the Surveyor, or other Parifh Officer, ftall nclea'to^ ^s aforefaid, he fhall Ixirfeit for fuch Refufal or Negleft, the Sum of twenty Pounds, to be levied upon his deliver them to Goods and Chattels, by Warrant under the Hand and Seal of one Juftice of the Peace ; and for want of the Surveyor, fufficrent Diftrefs, the Perfon or Perfons fo offending fhall be fent to the Common Gaol of the County, he fliall forfeit City, Town Corporate, or Liberty where fuch Offence fhall be committed, there to remain till the faid vied byOIftrefs • '^"™ °^ twenty Pounds, by him fo forfeited, fhall be fully paid ; one Moiety of which faid Sum fhall, by and for want of' Order of the faid Juftice of the Peace, be paid to the Informer, and the' other Moiety be laid out in repair- Diftrefstobe ing the Highwaysof the Parifh, Town, or Hamlet where the Seizure was made ; and if any Surveyor of fent to the Com- the Highways, or other Parifh Officer, fhall refufe or negleft to deliver any Sum of Money or Penalty by Sr"*^oT''& him received to the faid Juftice, he or they, for fuch Refufal or Negleft, fhall forfeit the Sum of twenty ncgkftirig to' Pounds, to be levied and difpofed of, as aforelaid. deliver the Penal'y to the Juftice, to forfeit 20 1. Perfons afiifting, _ And be it further enafted by the Authority aforefaid. That if any Perfon employed by any Carriers any Travelling Waggon, Wain, Cart, or Carriage, with more than fix Horfes, Oxen, or Beafts, the Perfon fo offending fhall forfeit the Sum of five Pounds, to be levied and difpofed of in like Manner as the Forfeitures before mentioned are direfted and appointed. r°d"Aa "/e^* ' ^^' ^^^ whereas the Allowing of drawing up any Hills by the faid Aft with more than fix Horfes, Anna as relates ' or Bealls, has been found very prejudicial to the Highways, by giving Opportunity of drawing in other to drawing up * Places with more than fix Horfes, or Beafts ;' Be it further enafted by the Authority aforefaid, That (o Hill, repealed, much of the faid recited Aft as relates to the Drawing up Hills with more than fix Horfes, or Beafts, from the faid four and twentieth Day of June one thoufand feven hundred and eleven, fhall ftand abfolutely re- pealed, and is hereby repealed. '^''*"'?fs^°'^'"'^^ V. Provided always, and it is hereby enafted and declared. That where the Horfes allowed to draw any any"pL(bn"na"y' ^art or Waggon, fliall not be fufficient to draw the fame up any fteep Hil]_, or out of any foul Place, it add more Beafts fhall and may be lawful to and for any Perfon or Perfons to take, add, and join any Horfe or Horfes, from from another another Cart or Waggon then travelling that Road, by and with the Confent of the Owner or Driver of Cart, &c. fuch Cart or Waggon, to help fuch infufficient Horfes up fach fteep Hill, or out of fuch foul Place; any Farther Prom- j-jjij^o- herein, or in any other Aft, contained to the contrary notwithftanding. Jioni concerning ^ :* j j Highways, i Gso. I. c. 11 Sf 52. j C?io. 1. c 12. 6Geo. . c.i, 5 Geo. z. c. 33. ivhich U made ferpettial by '^J Gco.z. c. 16, "j Geo. 7.. e.g. 8 Gro. 2. f. 20. <>G'w. J,, c. 18. 14 Geo. 2. C.4Z. i^Geo.z. c.z. 16 Cto. 2. c. 29. i, Geo.2.. c. i%. 24 Geo. z. c. 43. 26 Geo. 2. c. 28 &f 30. 28 Geo. 2. c. 17. ^oGeo, X, c. 28. and 31 Geo. z. c. 34. CAP. XIX, P R, An Aft to enable her Majefty to grant the Site of the Caftle of Exon (Parcel of her Dutchy of Cornwall) for ninety-nine Years, for the Ufe and Benefit of the County of Devon. The Queen, isc. may by Let- ters Patent grant the Site of the Caftle oi Exon, for the Term of ninety-nine Years, to fome Perfon ap- pointed by the Quarter-Seffions of the County of Devon, for the Ufe of the faid County, is'c. The In- tereft of the Juftices to the Herbage, life, fhall ceafe on the making fuch Grant; and the antient yearly Rent of 10/. fhall be referved in the fiiid Grant payable to the Crown. Saving to all Peribns, other than the Crown and Dukes of Cornwall, all Rights, ^c. 4 CAP,
 * "'°'°^''S'* or other Perfon fubjeft to the Penalties mentioned in the faid Aft, fhall drive, or affift in the Driving of