Page:Ruffhead - The Statutes at Large - vol 7.djvu/407

 A. D.I 751* Anno vicefimo quarto Georgu !!. €.43. 387 Wt Parliament afiembled,' and by the Authority of the fame, That from and after the firft Day of Ji^b'^'S%i' '"' one thoufand feven hundred and fifty-two, it fliall and may be lawful for all Truftees or CommifHoners ^ j^"^ c'-l"" appointed, or hereafter to be appointed, by any Acft or A6ts of Parliament, for the Repair of any High- sfefcrks.ciiG. way or Highways in that Part of Gr^r/;? Britain called England-, in their refpeftive Diftridts or any five of 7 C''. a. c. a. them, or any Perfon or Perfons impowered by them, or any five of them, to demand, receive and take, ^ C'«- -• <:■ ^°- and they are hereby required to demand, receive and take, at all the Gates and Bars they have eretled, or ^ ^'^'^ '; ''■ '^_^- Ihall ereft, foi: the receiving and collecling any Toll or Duty, the Sum of twenty Shillings for every ^j f;^,^' j.'^^'^j" Waggon or other Carriage drawn by fix Horfes, before fuch Waggon or other Carriage {hall be permitted Truftees of the * to pafs through any fuch Toll-gate or Toll-bar, over and above the Tolls or Duties already granted, or Roads may taka hereafter to be granted ; which laid additional Toll or Duty hereby granted and made payable, {hail and -°^- ^''^^"^ *" may be levied and recovered upon any Perfon who iliall after Demand made thereof refule or negleft to^jj,^ for every pay the. fame, in fuch Manner as any other Toll or Duty payable at the fame Turnpike-gate or Bar is by drawn°with% Law to be levied and recovered ; and the Money arifing from fuch additional Duty {hall be- applied to theHoiies, pa(ring Repair of the Highway where the fame fhail be collected. through'any Turnpike, s.-c. II. And be it further enadted by the Authority aforefaid, That if any Perfon or Perfons fhalL take oft', Penalty of ta- •or caufe to be taken ofF, any Horfe or Horfes from any Waggon or other Carriage, at or before the fame^'"S °ff^'='''" 'ihall com.e to any of the faid Gates or Turnpikes, with Intent to avoid paying the faid additional Toll or py,^^°' " Duty, each and every Perfon fo offending, and being convicted thereof before the faid Trultees, or any five or more of them, or one or more Jufticc or Jail ices of the Peace for the County, Riding or Divifion, where the Oftence {hall be committed, upon the Oath of one or more credible Witnefs or Witneffes, which Oath the faid Truftees, or any five or more of them, or the faid Juitice or Juftices, are hereby im- powered to adminifter, fhall forfeit and pay to the Informer the Sum of five Pounds ; which Sum, in cafe '° ^^ ='"'f'^ '"V the fame be not forthwith paid, {hall be levied by Diitrefs and Sale of the Offender's Goods, by Warrant '^^" '"""^ ^==. under the Hand and Seal, or Hands and Seals of the laid Truftees, or any five or more of them, or the faid Juitice or Jultices, rendering the Overplus to the Owner (if any be) on Demand, after deducting the reafonable Charges of making fuch Diftrefs and Sale, to be fettled by the faid Truftees, or any five or more of them, or by the faid Juftice or Juftices. _ r ■ • ' III. And be it enafled and declared by the Authority aforel^rid, That every Perfon who'ftlall drive any ''! | °^ driving Wao-gon or other Carriage upon any Part of any Turnpike Road with more Horfes than fuch Waggon or^gi}^™^"^^ othet- Carriage {hall on the fame Day pafs through any Turnpike-bar or Gate with, fhall b£ deemed and r„cK Waggon' adjudged to have taken off the faid Horfes with Intent to avoid paying the laid additional Toll or Duty. Aaii ibafsWitii-' ■* " ° the fame Day, ■ deerned to incur the Penalty.. IV. Provided always, and be it farther enacted by the Authority aforefaid, That fnom and-after the firft Penalty of di^;. Day of Septefnber one, toi(^nd feven hundred and firty-one, no Waggon, Cart or other Carriage, tra- ''"S >^'^??fns velHns for Mire upon any of the faid Turnpike Roads, fhall be drove or turned out of the fame into any °"|^°p^^^^jj "J'^" -of the'Roads adjacent, not being Turnpike Roads, in order to avoid, and thereby avoiding paying the avoid the ToHs, Tolls and Duties appointed by thss or any former Adt or Acts to be paid at an);- Gate or Turnpike ereifted for the collecting and receiving the fame:; upon pain of forfeiting and lofing any one of the Horfes .drawing fuch W;ia:gon, Cart or Carriage, (not being the Thill or Shaft Horfe) with all his Gecrs and Accoutre- ments, to the fole Ufe and Benefit of any Perfon or Perfons who fhall fcize or diftrainthe fame; and the Perfon or Perfons making fuch Seiz-ure or Diftrefs fliall proceed in tike manner, and be intitled to the to ^ ^t'Aei ic-- like Remedies, as is directed and given in Cafes of Seizure of Horfes, by an Aiit of Parliament made in ™"-'^^^" 5 "^eo. the fifth Year of the Reign of his late Majefty King George the Firil, intituled, .Aii Aii'for making -?nor£ ■'.'^'. '"■ .,,c: efft'iliialihe Jeveral A3s faffed for r (pairing and amending the Highways of this Kingdom. . ■ -/. .. ' !;■ i:-.:r i !>. .;,.u.'-.:r.i .;;,■:, V. Provided always. That nothing in this A6t ihall be deemed or conftrtied to extend 'to any -GBack, Carnages nc- Berlin, Chariot, Chaife, Calaih or Hearfe, or to any Waggon, Wain, Cart, or other Carriage, em-^W'fff^*'-- --J' .ployed only about Hulbandry, or in carrying only of Hay, Straw, Corn unthrafhed, or Chalk, or any ■ -■ ■ Stone Block of Marble, or Piece of Timber, nor to Carravans, or the covered Carriages of Noblemen and Gentlemen for their private Ufe, or fuch Timber, Ammunition ©r Arci'Uery, as {hail be for his.Ma'- ieiiy's Service. _ .'■:'■ - /' - ' VI. And whereas an Aft of Parliament was made in the fourteenth Year of the Reign of liis^^^enti4G(o.2.'c.4;», .' Majefty, intituled. An AEi for the Prcfcrvation of the puhliek lioads^ in that Part of QxeM. Britain called ' England, which hath proved iafufficient for the Purpofe, by reafon that itw of the Cranes, Machines ' or Engines, therein mentioned for the weighing of Carriage,?, have been erected ; and to avoid ftich as '' have been eredcd, the Owners and Drivers of Waggons, and other Carriages, with exceflive "Weights, •* have in feveral Places left the Turnpike Road, and gone through other Roads and By-lanes, which have ■■' been repnired at a. great Expence by the Inhabitants of the feveral Pari{lies and Places -where the. fame lie, . . Reiv.-edy whereof, and rendering the faid ASi more cffe^2:ual for the Pur-jjofes thereby intended, Beit fur- .-..) therenaftcd 'byahiQ Authority aforefaid. That on or before the twenty-fifth Day oi March one thoufand 'fro frees ^ofj^ fe en hundred and fifty-two, all Commi/Iioners or Truftees already appointed by any AGt or A'ctsof PaK- Engines for 'iiameiit for the Repairs of any Highway c^r Highways in that Part of Great Britain called England, o£- any ^^'"'""S *^*^-' •five or more of them, fhall, and they are hereby required, at one or more Gate er Gates, Ba'f or Bars, or at (i)rn^ other convenient Place or Places within their iefpe6tive DiftriiSts, to order and caufe to be built .ind^erccted a Crane, Machine or Engine proper for the weighing of Carts, Waggons or other Carriages D d d z Mc
 * and thereby fuch Roads and By-lanes have been greatly damaged and rtiade ruinous^ to.-the great Preja!-
 * dice and Expence of fuch Inhabitants, and the Income of the Toll hath been alio mech lefiencd :' I'or -■ .-.-: