Page:Ruffhead - The Statutes at Large - vol 7.djvu/533

 A. D. 1753. Anno vicefimo fexto Georgii II. C. 28, 29. 513 c A p. XXVIIT. An Aft for the preventing of the Inconveniencies and Dangers that may arife from the prefent^'"-/'"-™'-^'^™* Methods of digging Gravel, Sand, Stone, Chalk, and other Materials, on the feveral Com-/' '^,'1,^1 2& mons and Wafte Grounds within this Kingdom, for the Repair of the Highways, and fonP-^^^- '^^^ other Purpoles. ei.cs- 13^ 14 Car. 2. c. 6, 23 Car. 2. c. 12. J Pf^. & M. c, 12. 7 TK 3. c. ig. S £f 9 J?'', 3, c. 16. 7 C«. 2. c. 9. 8 Cso. 2. c. 20. 14 Ct-o. 2. c. 42. 24 Geo. 2. c. 43. 'HERE AS it is become a common Pradice to get Materials out of Commons, Heaths and Wafte Grounds, for the Repairs of the Highways of this Kingdom, and for other Purpofes, and to leave Majefty that it may be enacted ; and be it enafted by the King's moft Excellent Majefly, by and with the Advice and.Confent of the Lords Spiritual and Temporal, and Commons, in this preferit Parliament Grave! Pit?, &c. aflembled, and by the Authority of the fame. That from and after the twenty-fourth Day of ^aKf ^^g to be fenced dj- thoufand feven hundred and fifty-three, if any Perfon or Perfons fhall by reafon of getting any Gravel, Jj"^^C^J„ ^■^^''[jg Sand, Stones or Chalk, or other Materials, for repairing any Highway, or for any other Purpofe what- kept open ; foever, make or caufe to be made any Pit or Hole in any Common, Heath or Wafle Ground, fuch Perfon or Perfons /liall forthwith caufe the fame to be fufSciently fenced oft" during fuch Time as the faid Pit or Hole {hall hz continued open ; and fhall within fourteen Days after digging for fuch Materials in fuch Pit and within 14. or Hole, caufe the fame to be filled up, floped down or fenced off, and fo continued ; and in cafe fuch ^-jy^ ^ft^'' t° ■"= Perfon or Perfons fhall not fill up, flope down or fence off the fame within the faid Time, and keep the^^'^^'^^"^P'^^°P^'^ faid Fence from Time to Time in good Repair, it fhall and may be lawful for any one or more Juflice or^fL-. Jultlces of the Peace, upon his or their View, or upon the Information of any one or more Witnefs or Witneffes, to order the Perfon or Perfons making or caufing to be made fuch Pit or Hole, to fill up, pro- 'i") on Negleft perly flope down, or fence off the fame; and in Cafes where any Fence fhall be fet up, to order the fame J"!}'" '° ""^'-'^ to be repaired from Time to Time, as Occafion fhall require; and in cafe fuch Perfon or Perfons fhall j^ ^j^^ 1-^^^"" refufe or negled: to comply with fuch Order within ten Days after the Receipt thereof, or the fame being ^^^j on^^fu'c^j left at his or their iifual Place or Places of Abode, and due Proof being made upon Oath, before any one to comply there- or more juftice or Juliices of the Peace, of the Offence committed, of the Service of fuch Order, and of with, the Party the Refufal or Negleft to comply therewith, which Oath the faid Juflice or Juflices is and are hereby im- '° rof'=" not powered to adminifter, fuch Perfon or Perfons fhall forfeit and pay any Sum not exceeding ten Pounds, ™'jj'''? "^ nor lefs than forty Shillings, to be laid out and applied in the filling up. Hoping down or fencing off fuch^os. Hole or Pit, and towards the Repair of the Roads in the Parifh or Place where the Offence fliall be com- to be applied ia mitted, and in fuch Manner as the faid Juflice or Jufrices fhall direft and appoint ; which Forfeiture, in filling "P t^^ cafe the fame be not forthwith paid, fhall be levied by Diilrefs and Sale of the Offender's Goods and Chat- J^'^^^!,;f ^j ^f"^ tels, by Warrant under the Hand and Seal or Hands and Seals of fuch Juilice or Juftices of the Peace, ren- j^q!!^^ ." dering the Overplus (if any be) to the Perfon or Perfons whofe Goods and Chattels fhall be fo diflrained and to 'be levied and fold, the Charges of fuch Difirrefs and Sale beirig firfl dedufted. by Diftrefs and Sale. Cmccn:wg Highways fee fari her chap. 30 ; and Ukeiv'fe 2S Geo. 2. c. 17. 30 Geo. 2. c. 2S, 31 Gez. 2. c. 3.% CAP. XXIX. An A6t to explain, amend and continue the Provifions made by two Afts of Parliament of the nineteenth and twenty-firft Years of his Majefty's P^eign, for the more effedual dif- arming the Highlands in Scotland, and to make Frovifion for the more Ipeedy afcei taining the lawful Debts or Claims upon the Lands and Hereditaments that fome Time belonged to Alexander Robertfon of Strowan, which, with other forfeited E,fl:ates, are by an A<ft of the twenty fifth Year of his Majefty's Reign annexed to the Crown unalienable. ' TT7HEREAS by an A61: made in the firfl Year of the Reign of his late Majefty King G^ar^-^ the i Geo. i.e. 54, ' V V Firft', of glorious Memory, inti:uled. An Aoifor ths more r.ffeBual fecuring the Peace in the H'lgh- ' /fl;7^/^ 5/ Scotland, it was enafted, That the Inhabitants within the Bounds and Shires therein mentioned ' fhould be difiirmed from and after the firft Day o^ November which was in the Year of our Lord one thou- ' fand fcvcn hundred and fixtecn : And v/hereas by an Adc made in the nineteenth Year of his prefent igCeo. 2. c. 39. ' Majefty's Reign, intituled, Jn Aci for the more effcBual difarming the Highlands in Scotland ; and for more "■ effcfli'.ally fecuring the Peace of the faid Highlands ; and for rejiraining theUfe of the Highland Drefs; end ' for further indemniffingfuch Perfons as have aEied in Defence of his Majejlys Perfon and Government during ' theUn7iatural Rebellion; and for indemnifyitig the Judgts and other Officers of the CoiirJ of Jufticiary /« Scot- ' land, for not performing the Northern Circuit in May one thoif and feven hundred andforty-Jix ; andfor obliging ' the Mafiers and'Tcachers of private Schools in Scotland, and Chaplains, Tutors and Governors of ClUdrcn or ' Youth, to take the Oaths to his Adajefly, his Heirs or Succeffors, and to rcgi/fer the fc.tne ; further Provifions ' were made for the more effeflual difarming the Highlands Scotland, or the Inhabitants of the faid Bounds ' and Shn-es, which Provifions were to continue in force for feven Years from and after the firft Day of Vol, VII. U u u Auguji
 * the Pits and Holes thereby occafioned open and dangerous:' for Remedy whereof, may it pleafe your