Page:Ruffhead - The Statutes at Large - vol 6.djvu/172

 no C. 33. Anno quinto Georgii II. A. D. 1732. CAP. XXXIII. An A<fl to explain, amend and render more effectual an Ac"b paffed in the firft Year of his prefent Majefty's Reign, intituled, An AEi for punijhing fuch Perfons as fliall wilfully and malicioujly pull down or dejlroy Turnpikes for repairing Highways, or Locks or other Works erecled by Authority of Parliament for making Rivers navigable. 1 Geo. j.stat,:. c ^T7HEREAS an Act of Parliament paffed in the firft Year of his prefent Majefty for punifh- i'nforced by ' V » in S f ucn Perfons as fhould wilfully and malicioully pull down or deftroy Turnpikes for repairing S Geo. 2. c. 20. ' Highways, or Locks or other Works erected by Authority of Parliament for making Rivers navigable : ' And whereas the Provifions by the faid Act made for punifhing fuch Offenders have by Experience enacted by the King's moft Excellent Majefty, by and with the Advice and Confent of the Lords Spiritual and Temporal, and Commons, in this prefent Parliament aflembled, and by the Authority of After 24 Tune the fame, That if any Perfon or Perfons whatfoever, from and after the twenty-fourth Day of June in 3732, malici- the Year of our Lord one thoufand feven hundred and thirty-two, fhall either by Day or Night wilfully Turnpikes'?"- 5 anc ^ ma hcioufly break down, cut down, pluck up, throw down, level or otherwife deftroy any Turn- lony. ' " pike Gate or Turnpike Gates, or any Pofts or Pofts, Rail or Rails, Wall or Walls, or other Fence or Fences belonging to any fuch Turnpike Gate or Turnpike Gates, erected or to be erected to prevent Paf- fengers from pairing by without paying the Toll directed to be paid by any Act or Acts of Parliament already made, or hereafter to be made for that Purpofe, and fhall be lawfully convicted of the fame upon Indictment before any of his Majefty's Juftices of Aflize, Oyer and Terminer and General Gaol Delivery for the County, City, Town, Borough or Corporation where fuch Offence or Offences lhall be commit- ted, every fuch Perfon and Perfons fo offending, and being thereof lawfully convicted, fhall be adjudged guilty of Felony, and every fuch Felon and Felons ihall be fubject and liable to like Pains and Penalties, Tranfportation. as in Cafes of Felony; and the Courts, by and before whom fuch Perfon or Perfons fhall be tried, fhall and hereby have Power and Authority to tranfport fuch Felons for the Space of feven Years, in like Manner as other Felons are directed to be tranfported by the Laws and Statutes of this Realm. Returning from II. And be it further enacted by the Authority aforefaid, That if fuch Offender or Offenders fhall re- ■Death POnatl ° n ' turn mt0 Great Britain or Ireland before the Expiration of the faid Term of feven Years, contrary to the 1 Geo.'z. Stat. 2. true Intent and Meaning hereof, or of the faid Act paffed in the firft Year of his prefent Majefty's Reign, <=• 19. intituled, An Acl for punijhing fuch Perfons as frail wilfully and malicioujly pull down or dejlroy Turnpikes for repairing Highways, or Locks or other Works erecled by the Authority of Parliament for making rivers navigable, he or they fo returning fhall fuffer Death as Felons, and have Execution awarded againft them as Perfons attainted of Felony, without Benefit of Clergy. Charges of Pro- HI. And be it further enacted by the Authority aforefaid, That the Truftees, Commiflioners, Pro- pajd'out of the prietors, Undertakers or other Perfon or Perfons whatfoever authorized or impowered to put in Execution Toils. any Act or Acts of Parliament made or to be made for repairing of Highways or making Rivers navigable, fhall and may, by and out of the Tolls, Rates and Duties arifing by virtue of any fuch Act or Acts of Parliament, pay and difcharge the Cofts, Charges and Expences arifing or becoming due for or by reafon of any Action, Information, Indictment or other Profecution whatfoever, which (hall or may be com- menced or profecuted for or on account of the pulling down or otherwife deftroying any Turnpike Gate, Poft, Rail, or other Fence or Fences belonging to any Turnpike Gate or any Turnpike Houfe or Houfes, or any Lock, Sluice, Floodgate or other Works, on any navigable River, erected or to be erected by Au- thority of Parliament. Sheriff, by Order - IV". And be it enacted by the Authority aforefaid, That if the Commiffioners and Truftees appointed 01 Juftices in or to be appointed to put any Act of Parliament made or to be made for the Repair of any Highway or Quarter-Set'- 3 Highways in Execution, fhall abufe or exceed their Power by erecting or caufing to be erected, or conti- fions, to remove nuing or caufing to be continued, any Gate or Gates, Turnpike or Turnpikes, where they have not unwarrantable a ny Power by virtue of any Act of Parliament, to erect fuch Gate or Gates, Turnpike or Turnpikes, urnpi es. jj. ^11 and may be lawful to and for the Juftices of the Peace of the County where any fuch Gate or Gates, Turnpike or Turnpikes, is, are or fhall be erected or continued, in their General Quarter-Sef- fions aflembled, upon Complaint of any fuch Abufe or Excefs of Power in fuch Commiffioners and Tru- ftees, in a fummary Way to hear and determine the fame, and thereupon to order the Sheriff of the County (who is hereby authorized and required to execute fuch Order) to remove any fuch Gate or Gates, Turnpike or Turnpikes. Aa i Geo. 2. V. And be it further enacted by the Authority aforefaid, That this Act, and alfo the faid Act hereby ancUhis "com";- ex P! a ' ne( ^ ari d amended, and every Article, Claufe and Sentence therein contained, not altered by this nuedfor'5 Years", prefent Act, fhall from henceforth continue and be in full Force and Effect for the Term of five Years, Made perpetual to be computed from the twenty-fourth Day of June one thoufand feven hundred and thirty-two, and c?r6? Geo- 2 - from thence to the End of the then next Seflion of Parliament, and no longer. Concerning Highways, fee farther 7 Geo, 2. c. 9. 3 Geo, 2. c. 20. 9 Geo. 2. c. 18. 14. Geo. 2. e. 42. .16 Geo. 2, c. 29. 18 Geo* 2. f. 33. SI Geo. 2'. c. 23. 24 Geo, 2, c. 43, 26 Geo. 2. c. 20 & 30. 28 Geo, 2, c, 17, 30 Geo. 2. c. 28. 31 Geo. 2. 1". 34. Anno
 * been found to be infuffkient :' For Remedy thereof, and for rendring the faid Act more effectual, Be it