Page:Ruffhead - The Statutes at Large - vol 6.djvu/255

 A. D. 1735- Anno oclavo Georgii II. C. 20. 193 the Party or Parties fo offending, upon Conviction by Oath of one or more credible Witnefs or Wit- neffes before two or more Justices of the Peace of the County, Liberty or Divifion where fuch Of- fence 'or Offences (hall be committed, inhabiting near the faid Divifion or Place (who are hereby im- powered to fummon the Party or Parties lb offending, and to hear and determine fuch Offences ) lhall Fprfd turehwv forfeit and pay the Sum of live Pounds, one Moiety thereof to the Informer, and the other Moiety ' UOu to the Conftable of the Parifh where fuch Offence lhall be committed, in Truft for and to the only Ule and Behoof of the Truftees, Commiffioners, Proprietors or Undertakers of any Turnpike or navigable River, to be by them applied and difpofed of for the feveral Ufes and Purpofes, and in fuch Manner, a;> the feveral Tolls, Rates and Duties, by virtue of any Act or Acts of Parliament made or to be made, are or lhall be directed to be applied and difpofed of, after allowing thereout to fuch Conltable, fuch Satisfaction for his Trouble, as the faid Truftees, Commiffioners or Undertakers, or any Five or more of them, (hall adjudge reafonable; to be levied by Warrant or Warrants under the Hands and Seals of Diftrefi on the faid Juftices of the Peace, or any two or more of them, by Diftrefs and Sale of the Goods and N °"P a yn»=nt. Chatties of the Offender or Offenders, rendring the Overplus to the Owner ; and for want of fufHcient 6 Monti* im- Diftrefs, then the Party or Parties fo offending lhall by Warrant under the Hands and Seals of fuch two j^™ ^rtf*. Juftices, or more of them, be fent to the common Gaol of the County where fuch Offence (hall be committed, there to remain without Bail or Mainprize for the Space of fix Months, unlefs he, (he or they (hall be fooner difcharged by the Order of the Juftices at the Quarter-Seffions of the Peace to be holden for the County where fuch Offence (hall be committed ; and if fuch Party or Parties (hall offend >ol. Penalty a fecond or third Time, upon Conviction thereof in Manner aforefaid, he or they fo offending (hall °hird Offence. forfeit and pay the Sum of ten Pounds, to be levied by Diftrefs in Manner aforefaid ; and for want of fufficient Diftrefs (hall for every fuch Offence, after the firft, be fent by two or more Juftices of the Peace of the County where fuch Offence (hall be committed, to the common Gaol of the fa.d County, by fuch Warrant or Warrants as laft before-mentioned, for one whole Year without Bail or Mainprize ; ^ifo"^'™" and (hall alfo, before he, (he or they (hall be difcharged out of Cuftody, give Security at the General jJSatof Diftrefs. Quarter-Seffions of the County for his, her or their Behaviour for feven Years. Jill. And be it further enacted by the Authority aforefaid, That it (hall and may be lawful to and for ^.°' 1 1 e ^° rs fe °| e fuch Collector or Collectors of the Toll, to feize and detain any Perfon or Perfons guilty of the Of- p^-fons'gu'ilty fences before-mentioned, and fuch Perfon or Perfons to carry before one or more Juftice or Juftices of of the faid ' the Peace for the County or Place where fuch Offence (hall be committed, without any Warrant or Offences, and^ other Authority for fo doing; and fuch Juftice or Juftices of the Peace are hereby i m powered and au- f^a juftice, " thorized to oblige fuch Perfon or Perfons fo offending, to give Security for his, her, or their appearing who may bind at the next petty Seffions to be holden for the Divifion or Place where fuch Offence or Offences (hall JjJg < J e ^on S to &c be committed, and for want of fufHcient Security to commit the Perfon or Perfons fo offending to the common Gaol of the County or Place where the Offence (hall be committed, until he, (he or they (hall give fuch Security. XIII. And be it further enacted by the Authority aforefaid, That if any Conftable or Conftables, 5 l. Penalty on who are hereby required to execute all Warrants by this or any former Act appointed to be iffued con- ecutelfwar-" cerning Turnpikes, (hall refufe to execute any Warrant or Warrants under the Hands and Seals of a rant, fufficient Number of Commiffioners or Truftees authorized by any Act of Parliament for any Turnpike or Turnpikes, to levy any Sum or Sums of Money upon any Perfon or Perfons for any Default, for vyhich fuch Perfon or Perfons are, to forfeit and pay any Sum or Sums of Money whatfoever, or (hall refufe to execute any Warrant or Warrants under the Hands of any two or more Juftices of the Pea.e, for apprehending; any Perfon or Perfons that (hall be guilty of any Offence againft this Act, of if any other Perfon or Perfons (hall refufe to affift fuch Conftable or Conitabks in apprehending fuch Offender or Offenders ; then fuch Conftable or Conftables fo refufing to execute fuch Warrant, or other Perfon or Perfons fo refufing to affift him, (hall forfeit and pay the Sum of five Pounds to the Clerk of the Commiffioners, Truftees, Proprietors, or Undertakers of any Turnpike or navigable River, to be by Howtobedif- them applied and difpofed of for the feveral Ufes and Purpofes, and in fuch Manner as the feveral Tolls, F ° e Rates and Duties; by virtue of any Act or Acts of Parliament made, or to be made, are or lhall be directed to be applied and difpofed of, to be levied by Diftrefs by Warrant or Warrants under the - Hands and Seals of two or more Juftices of the Peace of the County where Inch Conftable or Confta- bles, or any other Perfon or Perfons fo refufing, (hall inhabit, to be directed to the high Conftable of the Hundred where he or they (hall inhabit, to be by him levied in the fame Manner as is before di- rected in cafe any Perfon (hall affault the Collector of the Toll, or forcibly pafs through any Gate or other Fence without paving the Toll. XIV. And be it further enacted by the Authority aforefaid, That all Forfeitures and Penalties, that^° rfcit V£ < £ $ by virtue of this Act (hall be received by any Conftable or Conftables, Clerk or Clerks to any of the 1 * ompau Truftees, Commiffioners, Proprietors, or Undertakers of any Turnpike or navigable River, to the Ufe, or in Truft for fuch Commiffioners, Truftees, Proprietors or Undertakers for the Purpofes aforefaid, lhall, after the Receipt or Receipts of fuch Forfeiture or Forfeitures, Penalty or Penalties, be by fuch Conftable or Conftables, Clerk or Clerks, paid over to any Perfon or Perfons, to whom the faid Com- milfioners, Truftees, Proprietors or Undertakers, or any live or more of' them, by any Order under their refpective Hands, (hall direct the fame to be paid ; and in cafe fuch Conftable or Conftables, f, en i u ? t '" Clerk or Clerks, (hall refufe to account for, or pay over the fame, that then it dial! and may be lawful ^°"iing to'a^ for any two or more Juftices of the Peace for the County, Town or Divifion, upon the Oath or Oaths count tor ?oV of one or more credible Witnefs or Witneffes made before them, of any fuch Refufal, to commit the features, Partv or Parties fo refufing to account or pay over the Sum or Sums of Money by him or them received Vol. VI. 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