Page:Ruffhead - The Statutes at Large - vol 5.djvu/281

 A. D. 1718. Anno quinto Georgii Regis. C. 31. 241 the faid Juftices of the Peace and Commiffioners of Supply may have full Information of the State and Condition of all the faid Highways, Bridges and Ferries within their refpediv« Shires and Stewartries, to Kr .,, 1(, aingf the end that the feveral Laws made in that Behalf may he duly executed; and all Surveyors and Overfeers ne- gledting to give fuch Account as aforefaid, or to profecute fuch as offend againft this Adt, fhall fufter th&fame Penalties lame Penalties as if they refufed to execute the Offices aforefaid »« 'or rauii.-^ to execute the Orhce. VI. And be it further enaded by the Authority aforefaid, That the Juftices of the Peace, and Com-^ he |*^ ir miflioners of Supply, in their refpedive Shires and Stewarti-ies aforefaid, fhall and are hereby authorized,,^ a R C p 01 " " and required to draw up a Report of the State and Conditio!: of the Highways, Bridges and Perries, within the State of the their refpedive Bounds yearly, containing an Account of the Number of Men and Horfes that have been Highway*, &c. theirCircuits/to be recorded in their Journals (beginning with the iirft Circuit, which fhall be in the Year'Le recorded fan of our Lord one thoufand feven hundred and twenty, and fo forth yearly) by the Hands of the Clerks of 'heir journals, the Commiffioners of Peace, or by the Clerk of the Supply of their refpedive Bounds. VII. And be it further enadted by the Authority afordaid, That the Penalties in this Ad (other than Pc " al ' ies .- how fuch as fhall be incurred by the Tenants, Cottars, and other labouring Men, by reafon of their failing to'" ^ work on the refpedive Days to be appointed, as aforefaid) fhall be railed and levied by Sentence of the' 3 juftices of the Peace, and Commiffioners of Supply, or any five of them; and the Expences of the Pro- leoution fhall be carried on and defrayed by the refpedive Shires and Stewartries aforefaid, at the Suit of fuch of the Surveyors or Overfeers as the faid Juftices and Commiffioners fhall from Time to Time ap- point; and fuch Penalties being fo levied, fhall be and are hereby appointed to be applied for repairing and' amending fuch Highways, Bridges or Ferric;, in the refpedive Shires or Stewartries where fuch Penalties ihall be incurred, as the juftices of the Peace, or the Commiffioners of Supply fhall appoint, and in De- fault of fuch Appointment, for repairing and amending fuch Highways, Bridges or Ferries, as the Lords of Jufticiary in their Circuits fhall diredt. VIII. Provided always, That no Perfon or Perfons fhall be punifhed for any Offence againft this 'Profecution Ad, unlefs fuch Offender be profecuted for the fame within one Year after the faid Offence fhall be C01X i_>vmhin one Year . * . * alter the Ut- muted. fence _ CAP. XXXI. An Act for enlarging the Time granted by an Act of the ninth and tenth Years of King William for cleanfing and making navigable the Chanel from the Hythe at Colchefter to IVi- venhoe; and for making the faid Aft more effectual. ' I. "1X7HEREAS an Ad paffed in the ninth and tenth Years of the Reign of his late Majeftyg&iow. 3. YV King William the Third, intituled, An Aft for cleanftng and making navigable the Chanel from^- I 9- ' the Hythe at Colchefter to Wivenhoe, which Ad was made to continue from the firft Day of May one' Made^perpetual ' thoufand fix hundred ninety and eight, for and during the Space of one and twenty Years, during which Ct 3, 0i • ' " ' Term certain Duties are by the faid Adt laid upon fuch Goods, Wares and Merchandizes for the Pur- ' pofes aforefaid, as in the faid Ad are mentioned, upon the Credit of which Ad the Commiffioners there- ' in appointed, have, purfuant to the Authority thereby given, borrowed Monies for the more fpeedy and ' effectual compleating the faid Work; but the faid Duties falling fhort, there hath not been fufficient ' raifed thereby either to perfed the faid Work, or to pay the whole Money borrowed for that Purpofe; ' but the Sum of one thoufand and two hundred Founds, or thereabouts, doth now remain due to the Ex- ' ecutor of William Hewer, late of Clapham in the County of Surrey, Efq; upon Security of the Pre- ' miffes; which cannot be repaid, nor the faid Chanel be effedually repaired and amended, according to ' the Intent of the faid Ad, unlefs a further Provifion be made by Parliament, and the faid Ad be made ' more effedual :' May it therefore pleafe your moft Excellent Majefty, That it may be enaded, tifV. ■ " The recited Ad continued from May 1, 1719, till May r, 1740. The Duties granted by this Ad " fhall be one Moiety of the Duties granted by the former Ad, and fhall be charged on all fuch Goods, " fcfr. and raifed in fuch manner as by the faid former Act The Duties hereby granted, to be a Secu-
 * < rity for Repayment of the Money due to the Executor of William .Hewer, -Efq; In cafe of Death,

■' &c. of the Commiffioners, the Survivors to nominate others. The Mayor, &'c. of Colchefler may en- "' gage the Profits for any Term not .exceeding 21 Years', for fecuring the Repayment of any Sum of IC Money towards carrying on the faid Work. Where Ballaft fhall be taken, and how much fhall be paid '' for it. Ballaft may be taken of other Perfons, paying 2 d. per Tun to the Colledor of the Chanel- " duties. Mafters, CSV. taking Ballaft otherwife, fhall forfeit 10/. The Mayor, isc. of Colchefter may
 * ' make- and ufe a Track-path from Wivenhoe to the Hythe on one Side of the River, and from Fingrinhoe

' to the Hythe on the other Side, firft agreeing with the Proprietors of the Land; and if the Proprietors ■' refufe or are difabled to agree, the Commiffioners may iffue their Warrant to the Sheriff of Effex, to im- Vol.W Ii M « panel