Page:Ruffhead - The Statutes at Large - vol 7.djvu/627

 A. D. 1755. Anno vicefimo odavo Georgii II. C. 17. 607 pafs through all and every Turnpike Gate or Gates, Bar or Bars, with fix Horfes ; and all Carts and other and Carts by 4 Carriages, having the Fellies thereof of the Breadth or Gauge of fix Inches from Side to Side, at the leaft, H'^^fC"; and pay at the Sole or Bottom of the Wheel, with four Horfes; without paying any more Toll or Duty than j! ■■'ucej TeUs. paid for Waggons now drawn by four, and Carts drawn by three Horfes, or for the Horfes drawing the ^'■/'^"''■'^ *->' ^° fame. * Co.z.c.it. III. And be it further enafted by the Authority aforefaid. That for three Years, to be computed from r-,' '°" the faid twenty-fourth Day oi June, and no longer, the Truftees appointed or to be appointed by virtue Aife th^To'fs or under the Authority of any Aft orAdts of Parliament made or to be made, or any five or more of them, one fourth on all fhall and may demand and take, or caufe to be demanded and taken, an additional Toll, if they fhall find Carriages with the fame neceflary upon confidering the State of their refpedlive Tolls, not exceeding one fourth Part more"^"°"^''^"'°' than the Tolls and Duties payable by virtue of fuch Afts refpeftively for every Coach, Caravan, Chaife Marine, Landau, Berlin, Chariot, Chaife, Chair and Calafh, and for all Waggons, Wains, Carts, and other Carnages, not having the Fellies of their Wheels of the Breadth or Gauge of nine Inches, or fix Inches from Side to Side, before the fame ihall refpedtively be permitted to pafs through any of the Toll Gates where Tolls are payable by virtue of any of the faidAiSls refpeftively, to be applied to the fameUfes as the ' other Tolls are by the faid Acts. IV. And, to avoid the leafl: Sufpicion that lefi^ening the Tolls and Duties as aforefaid, may be any way For Benefit oP prejudicial to Creditors who have lent, or fhall lend their Money upon the Security of the Tolls, Be it en- Creditors on the afted by the Authority aforefaid. That all and every Aft and Afts of Parliament made this Seflion of Par- T?{3^j't!^|','"* lianaent, or heretofore made, for repairing and amending Turnpike Roads, fhall be continued and be in toVe continued full Force for five Years, to be computed from the feveral Ends and Expirations of all and every fuch Aft for 5 Years from, and Afts refpeftively, and fubjeft to the Tolls and Duties, and all the Penalties, Forfeitures, Remedies, '•i'^ refpeaive Powers, Authorities, Claufes, Rules, Direftions, Payments and Provifions, refpeftively made and enafted E"P'""or.s. by any of the faid Aft or Afts of Parliament now or heretofore made for repairing and amending Turnpike Roads. ' V. And whereas a Doubt has arifen upon the Conftruftion of the Words of the faid recited Aft, made "'"' " " -'■" fts the Fellies of the Wheels of auge of nine Inches from Side Sole of theFel- ^, ; the true Intent and Meaning '"^^ intended by of this and the faid recited Aft, that the 'Sole or Bottom of fuch Fellies fhall be of the Breadth or Gauge of toe"'inchtf nine Inches from Side to Side, at the kail, and that the Sole or Bottom of all fueh Fellies fliall be fkt and^j^^j 'and^/at.. even from Side to Side, or as near as may be. VI. And be it further enafted by the Authority aforefaid. That the Truftees appointed by or under the Truftees to caufe Authority of any Aft of Parliament, made or to be made for repairing and amending Turnpike Roads, or f^?-"^'^^ '^° ^ any five of them, fhall from Time to Time, as there fhall be Occafion, caufe all the Turnpike P-oads, j^'j^^^^^^^^^"'^ within their refpeftive Diftrifts, to be levelled and put into good Condition, in fuch manner as fhall be aition, moft commodious for the Ufe of Travellers, and for the feveral Sorts of Carriages palling upon the fame. VII. And be it further enafted by the Authority aforefaid. That if any Perfon or Perfons fhall unload. Penalty of 5!.. or caufe to be unloaden, any Goods, Wares or Merchandize, from any Cart, Waggon or other Carriagej on Herfonsocca- at or before the fame fhall come to any Turnpike Gate, with an Intent to avoid the Payment of any Part Co^"% ""'"^'J- of the Tolls or Duties to be thereat collefted, each and every Perfon being Owner of fuch Waggon ora"^;^ Paymecc Carriage, and being thereof convifted before the Truftees of fuch Tolls or Duties, or any three or more of the Tolls,, of them, or one or — :oie Juftice or Juftices of the Peace for the. County, Riding, Divifion or Place, v/here the Offence fhall be c-^imitted, upon theOath of one or more credible Witnefs orWitnefles; which Oath- the faid Truftees, or :iuy three or more of them, or the faid Juftice or Juftices, are hereby impowered to. adminifter, fhall forfeit and pay the £um of five Pounds ; which Sum, in cafe the fame be not forthwith paid, fhall be levied by Diftrefs and S.de of the Offender's Goods and Chattels, by Warrant under the t". l^^ ="'5'^ by Hand and Seal, or Hands and Seals of the faid Truftees, or any three or more of them,, or the faid Juftice ^^^'^^ ^" ^^^S or Juftices, rendering the Overplus to the Owner (if any be) on Demand, after dedufting the reafonabife. Charges of making fuch Diftrefs and Sale, to be fettled by fuch Truftees, or any three or more of them, or. by the laid Juftice or Juftices ; and eac and every Driver of fuch Waggon or Carriage, fo offending, and and theDriverto being thereof convifted, as aforefaid, fhall be committed to the Houfe of Correftion for the Space of one ^ '=°"""'" Month ; and in cafe any Colleftor or Receiver of the Tolls or Duties at any Gate or Turnpike where or Colleaorpermit* near to which any Crane, Machine or Engine, for weighing of Carriages,, Ihall be built or erefted, ftiall ^j^|^"^"™^^J^j^^pj, permit or fufFer any Cart, Waggon or Carriage aforefaid, not having the Fellies of their Wheels of the to paft without " Breadth or Gauge of nine Inches from Side to Side, to pafs or repafs through any fuch Gate or Turnpike, weighing, to be, without weigliing the fame, and being thereof convifted, in manner as aforelaid, fuch Colleftor or Receiver coii™"^^- fo offending fhall be committed to the Hoafe of Correftion, to be there kept 10 hard Labour for the Space, ^-./"'•"■'•'' %3»^ C -r ° 1 C.£5. 2. C. 25.. of one Month. §.14. VIII. And be it further enafted, by the Authority aforefaid. That from and after the faid- twenty-fourth Day oijune^ all Waceons, Wains, or other four Wheel Carriages^ not being common Stage V/aggons or '^'^se"^"™; C- -^ f i, , ° T-' M- c 1 -Tjri 1 ,- 1 T-P 11 1- ■ T u r T I- ^ nanow Wheels; arnages (though the fellies of the Wheels are not cl the .Breadth ol nme inches or iix Inches; may ^^^^ j,^i^„ „^^. travel, pafs or be driven upon any Turnpike P.oad, with any Number of Horfes,, or Beafts of Draughty not mon Stage Wag;.- exceeding five Horfes or Beafts of Draught and if any Owner or Driver of any iuch Waggon, Wam or pons, may be ofher four Wheel Carriage, fhall travel, pafs cr drive any fuch Waggon or other four^Wheel Carriage, with ^"^-"^^^y '=™- more than fi.ve Horfes or Beafts of Draught, every fuch Owner fo offending, fhall for every fuch Offence .j-°[,^^^j^„j^jj^^^ ft)jfeit and pay the Sum of five Pounds y. which faid. Penalty iliall be. recovered, ap.d bvisd by. Diftrefi and ^^ foifeit 5 1. Si^le: