Page:Ruffhead - The Statutes at Large - vol 7.djvu/537

 A. D. 1753. ' Anno vicefimo fexto Georgii II. C. 30. 517 at any Turnpike or Toll-gate ^erefted or to be ereded upon any Part of the Highway or Road in or upon which fuch Waggon, Wain, Cart or Carriage refpeftively Ihall travel, pafs or be drawn. XII. Provided always, That in cafe it Ihall appear to the Satisfadion of, the Surveyor or Surveyors,':" *"f'''= Gate-keeper or Gate-keepers of any Turnpike Road, that the Fellies of the Wheels of any Waggon or'^T'^ !l'eeo^" Wheel Carriage, travelling or pafTing upon any fuch Turnpike Road v/ere originally and when firlt made "n"|y' inches' of the Breadth of nine Inches, and by long Ufage and Wearing fhall have been'reduced to, and become ofbro=d, lefs Breadth or Gage ; then, and in fuch Cafe, it ihall and may be lawful for fuch Waggon or Wheel Carriage to travel, pafs or be drawn upon, any fuch Turnpike Road, fo as the Fellies of all the Whels thereof^ refpedively, be of the full Breadth of eight Inches at leaft; and the Owner or Owners of fuch""* ^^ ^'"'^ '■^' Waggon or Wheel Carriag-; fliall not in fuch cafe be fubjcd: or liable to the Penalties herein before infliaedj,""'^g"'"h"evare and directed to be levied for driving or caufing to be drawn, Waggoas and Carriages, the Fellies of thee:"mpted from'^ Wheels whereof are under the Breadth or Gage of nine inches as aforefaid ; any Thing herein contained totUe Pen.vlty. the contrary notwithftanding. XIII. And it is hereby further enabled and declared. That if any Perfon or Perfons fhall hinder, or at-Pi-'naUy of ob. tempt to prevent or obftruil the meafuring or gaging the Fellies of fuch Wheels, or the feizing or diftrain- '^'"'^'n? th= ing of any Horfe or Beaft of Draught hereby direded to be forfeited, for the Offences herein before-men-p."^"^^/^^_ tioned, or fhall ufe any Violence to any Perfon or Perfons employed or concerned in fuch meafuring, ga- ting Dlftrei's. ging, feizing or diftraining, as aforefaid, evay Perfon fo offending fliall, for every fuch Offence, forfeit and pay the Sum of ten Pounds. XIV. And be ' " " after the faid tvrent Wain, Cart or Cf ing of this Act, or drawn with more than the Number of Horfes hereby refpedively appointed f except as Wheels not oi' herein before is excepted) upon any Turnpike Road, that then and in every fuch Cafe, it fliall and may-h= Ereadih re- be lawful to and for the Conllable, Tythingman, or Surveyor of the Highways, or any other Inhabitant ^""J"."'"" of the Parifh or Place where the Offence fhall be committed, and to and for the Surveyor or Surveyors oforYver'w ba'car- the faid Turnpike Road, and to and for any Perfon or Perfons to be appointed by the Trufiees, or anyried before a Ju- five or more of them, to apprehend and take, or caufe to be apprehended and taken, fuch Perfon or Perfons ftice, fo driving or ading as Driver or Drivers as aforefaid, before one or more JufHce or Juftices of the Peace for the County, Riding or Divifion, where the faid Offence fhall be committed, and upon Convidion thereof, either by the Confeflion of the Party, or by the Oath of one or more credible Vv'"itnefs or Wit- neffes, before fuch Juftice or Juflices of the Peace (which Oadi the faid Juftice or Juftices are hereby im- powered and required to adminiiler) every fuch Perfon or Perfons fo offending fhall refpedively forfeit and pay for every fuch Offence the Sum of five Pounds, to be laid out, applied and recovered, in fuch manner and to forfeit 5I. as other Penalties hereby impofed are hereby direded and appointed to be recovered and applied ; and in cafe the Perfon or Perfons fo offending and convided, fhall have no Goods and Chattels, whereon im-a" fof want of mediate Diftrefs may be had and made for the fame, then it fhall and may be lawful to and for fuch'-'*''^[* " '"' Juftice or Juftices of the Peace, by Warrant under his or their Hand and Seal, or Hands and Seals, to""""'"^ ' commit the Offender or Offenders to the Houfe of Corredion, there to remain for the Space of one Month, or until he or they fhall have paid the faid Sum of five Pounds. fuch Waggon, Wain or Cart, in or upon any Turnpike Road, not having his and their Chriftian andNimeson the Surnamesj and Place of Abode, written or painted in large legible Letters upon the Tilt or other con- TUt, &c. fpicuous Place of fuch Waggon, every Perfon fo oftending fhall, for every fuch Offence, be fuLjed and liable to fuch and the fame Penalties and Forfeitures, as the Owners of Waggons or Carriages, having the Fellies of the Wheels thereof under the Breadth or Gage afore-mentioned, are made fubjed and li- able by this Ad ; and if any Perfon or Perfons fhall fo write or paint, or caufe to be written or painted, or ufing a fa!(e any falfe or fiditious Name on fuch Waggon,. Wain or Cart, as aforefaid, every Owner of fuch Wag-'^''™'^- gon, Wain or Cart, publickU' ufed on any Turnpike Road, as aforefaid, with fuch falfe or fiditious Name, fnall for every fuch Offence forfeit and pay the Sum of fifty Pounds. AVI. And be it fuither.enaded. That the feveral Penalties and Forfeitures inflided and dij"eded to be P^i^lties rmy forfeited and paid by this Ad, and not hereby otherwife provided for, fhall and may be recovered by any ^^^^?^°^2^ „,ftji Perfon or Perfons who fhall fue, inform and profecute for the fame, either by Adion of Debt, Bill, Plaint [^jg^ie cofts ; or Information in any of his Majefty's Courts of Record at Wejimnijicr^ with treble Cofts of Suit; in and for which Purpofe it fliall and may be lawful to and for fuch Juftices to hear and determine any of theMe'n°'J to be Offences againft this Ad; and they are hereby authorized and recjuired, upon any Information exhibited, °'f."^'^^^^^^'^''_ or Complaint made in that Behalf within ten Days after fuch Offence committed, to fummon the Party orJ^^i^f^^^jjeof Parties accufed, and alfo the Witnefles on either Side; and in cafe the Party accufed fhall not appear upon the faid Offencfj. fuch Summons, then, upon Oath made of the committing any of the Fads above-mentioned by one or more credible Witnefs or Witneffes, to iffue a Warrant or Warrants for apprehending che Party offending, within the Jurifdi£tion of fuch Jufticps; and upon the Appearance, or Contempt of the Party accufed in not appearing (upon the Proof of Notice given] to proceed to the Examination of the Witnefs or Wit- neffes