Page:Ruffhead - The Statutes at Large - vol 7.djvu/628

 6o$ C. 17. AnaQ vieeruiao 0(SavoGECrR,Gii 11. A. D-. 1755. Sale of Lhc Offender's. Goods and Chattels, by Warrant or Warrants under the Hands and Seals of the Truftees, or any three or iiiorc of them, of fuch Diftrict:, or any one or n-ore Juftite or Juftlces of the Peace, in or near to the Place or Places where the Oft'cncc fnali be committed ; or by Aclion of Debt, Bill, Plaint or Information, in any of his Majefty's Courts of Record at IVef.ininfler ; where no EfToin, Pro- and the Driver to teftion or Wager of Lav/, or more than one Imparlance fliall be allowed ; and in cafe any Driver of any bt committed. Waggon, Wain or other Carriage aforefaid, fhall acl contrary to the true Intent aiid Meaning hereof, fuch Stpcakd by 30 Jufbce or Tuftices fhall by Warrant or Warrants, under hi.s or their Hands and Sesls, commit fuch Driver do. 2. C, iS Jufbce or Juftices fhall by Warrant or Warrants, under hi.s or their Hands and Sesls, commit fuch to the Houie of Correction for the Space of one Month, there to i-emain without Bail or Mainprize. ^' '°* ' iX. And whereas by the faid Kdc palled in the twcnty-fixth Year of hid prefent Majefty's Reign, it is provided, That Waggons, Wains, Carts, or other Wheel Carnages (not having the Feiiies of theirWhecls Gatige of nine Inches from Side to Side) may travel, pais or be drawn upon any Turn- ded fuch Waggon, Wain, Cart or other Wheel Carriage be drav/n by Oxen or Neat And whereas the Allowance of Oxen or Neat Cattle only, without an Horfe or Horfes, nd inconvenient and dangerous ;' Be it thertiore enacted. That any Waggon, Wain or other with narrow f^^^ Wheel Carriage, not having the Fellies of their Wheels of the Breadth or Gauge of. nine Inches from ]Iwn'by"6^0xen Side to Side, may travel, pals or be drawn upon any Turnpike Road, provided every fuch Waggon, Wain in' Pairs and 2 or other four Vv^heel Carriage, be not drawn by more than fix Oxen or Neat Cattle in Pairs, and two Horfes, Horfes ; or eight Oxen in Pairs, with one Horfe; and that any Cart or other two Wheel Carriage, not ' of the Breadth or ( ' pike Road, provide ' Cattle only Waggons, &c. ' hath been foun Horfe, or 4 Oxen to the Contrary notwithftanding. and 2 Horfes. ' X. And whereas Doubts may arife from the Conftrudion of di^■ers Acts of Parliament, where the Toll ' or Duty is made payable upon the Horfe or other Beaft drawing, and not upon the Carriage itfelf ;' Be The Horfes, &c. it enafted by the Authority aforefaid. That in all fuch Cafes, the Horfes or Bealts drawing ftich Carriage;, drawmgCarriages yj-jj^g C^f,]^ gj-^j^j ^Yhecls as are directed by the faid AtSl: made in the twenty-fixth Year- of the Reign of his Wheels e«mpt- prefent Majefty, and by this prefent Aft, fhall for the Space of three Years, to be computed as aforefaid, ed from Toil for be intitled to fuch Exemption from the Payment of any Toll or Duty payable by virtue of any former 3 Years. . A£l or AiSls of Parliament, as all Carriages ufing Broad Wheels are intitled unto by virtue of this prefent Aa. Where the Tolls XI. And be it further enaifted by the Authority aforefaid, That in all Cafps where by virtue of any AS ^° "°' f "'°"""° or Ads of Parliament now in force, the Toll or Duty on Horfes or other Beafts, drawing or pafling more than one, , ,t-, -ii-* y'-tit i in rrr^r^t-^^ Half-penny on through any I urnpike. Bar or Crate, doth not amount to more than the Sum ot one Halfpenny for every each Horfe draw- Horfe drawing any Wheel Carriage whatfoever, not having the Fellies of their Wheels of the Breadth or ing, &c. the Gauge of nine Inches, or fix Inches from Side to Side, or to more than one Penny for two Hcrfes drawing Tmftees, it ne- ^^^y (-^.j-j Carriages as aforefaid, or to more than three Half-pence for three Horfes drawing any fuch Car- additional Tolls ^ '^'^S^s ^' aforefaid, theTruftees, or any five or more of them, appointed by virtue or under the Authority of fuch Afts of Parliament, fhall and may, if they fliall find the fame ncceffary, upon confidcring the State of their refpeiSive Tolls, collect double the former Tolls or Duties, in cafe fuch Tolls or Duties do not exceed one Half-penny, and three Half-pence in cafe the fame do not exceed one Penny, and two Pence in cafe the fame do not exceed three Half-pence, and may colledt the additional Tolls or Duties which arc direiSted to be taken by this Act, in Cafes where the prefent Toll or Duty amounts to two Pence or more upon the Horfes drawing any Carriage, in fuch and the fame Manner as if fuch Toll orDuty was laid upon the Carriage ; any Thing herein or in any former Act contained to the contrary in any wife notwith- ftanding. ' XII. And whereas Complaint has been made that fraudulent Contrivances have been practifed by ' Offenders, their Friends, and others, to evade the jult Recovery of Forfeitures and Penalties infli(5ted by ', the Laws relating to Turnpike Roads, by fetting up colourable Profecutions and Seizures with Intent to ' favour Offenders againft the laid Laws, and to difcourage juft and real Profecutions;' For Remedy Prior Profecu- whereof, he it enadted by the Authority aforefaid. That it fhall and may be lawful for all Courts, and all tions and Seizures and every Jufticc or Jufiices of the Peace before whom there fliall be any A6tion, Information or Procecd- evs'dceirad'frau-' ^"S' ^°^ ^"y Penal ty^or Forfei'ure inflicted by any AQ. or AiSts of Parliament made or to be made for repair- dulcnt, and the '"g 3"^ amending 1 urnpike Roads, or any way relating to or concerning the fame; and they are hereby Merits to be exa- required, where any prior Seizure, Action, Information or Convittion, fhall be letup, or inlilted upon, by mined. way of Defence, or to defeat any Action, Information or Proceeding, or any Seizure for any Forfeiture or Penalty inflicted as aforefaid, to ex.miine into the real Merits of fuch prior Seizure, Aftion, Information, Proceeding or Conviction ; and if thereupon it fhall appear that the lame was not done, made or profecuted efix:6tually, to recover and apply the Penalty or Forfeiture for the true and real Ends and Purpofcs for which iuch Penalties or Forfeitures were enacted, but to favour the Oflender, fuch prior Seizure, Action, in- formation or Conviction, fhall be deemed to be fraudulent, and null and void, to all Intents and Purpofes judgmentyobe whatfoever; arid every fuch Court, Jufticc or Juftices of the Peace, fliall proceed to determine and give AichVdz'uie"had Judgment, as if no fuch prirsr Seizure, Action, Information or Conviftion had been made, had, profecuted been. or obtained. ' XIII. And whereas great Mifchief hath arifen from mean Pcifons aCting as Trullees in the Execution ' of fuch A6ts of Parliament made for repairing publick Roads in that Part o( Gicnt Britain called EiiguintL, ' as do not diieCt and require that theTruftees thereby appointtd Ihall be qualified to aCt as fuch by the General Qualifi. ' Pofleflion of Real or Perfonal Eftate to a certain Value ;' Be it thi-refore enaded by the Authority afore- catjon rui- ^^;j^ 'i'rAt from and after the faid twenty-fourth Day of Juiu, no Pcrfon lliall be qualified, or capable of ' adting