Page:Ruffhead - The Statutes at Large - vol 7.djvu/629

 A. D. 1755. Anno vicefimo odavo Georgii II. C. 17. 609 nafting as aTruftee in the Execution of any fucli A<5i: as aforefaid, uniefs he {hall be in his own Right, or in Right of his Wife, in the adual PolTcffion or Receipt of the Rents and Profits of Lands, Tenements or Hereditaments, of the clear yearly Value of forty Pounds, or poffellijd of, or intiiled to, Perfonal Eftate alone, or Real and Perfonal Eftate together, to the Value of eight hundred Pounds, or fhall be Heir Ap- parent of aPerfon poflelled of an Eftate in Land of the clear yearly Value of eighty Pounds, and unlcfs he lliall (not being futh Heir Apparent as aforefaid) before he a£ls as fuch Truilee, take and fubfcribe the Oath following before any two or more of theTrullees appointed or to be appointed by or in purfuancetobca tefted o» of fuch A£l, who are hereby authorized and required to adminifter the fame in the W'ords, or to the Eftedl^^''*' following ; that is to fay, ' J. B. do fwear. That I truly and bona fide am in my own Right, or in Right of my Wife, in the aftual _ Poffeffion and Enjoyment, or Receipt of the Rents and Prolits of Lands, I'enements or Hereditaments of the clear yearly Value of forty Pounds, or poflefied of, or intiiled to a Perfonal Eftate alone, or Real So help me GOD.' And if any Perfon fhall prefume to a(5l contrary to the true Intent and Meaning hereof, every fuch Perfon Penalty of afliHj fhall, for every fuch Offence, forfeit and pay the Sum of fifty Pounds to any Perfon who fliall fue for the if not qualified, fame; to be recovered in any of his Majefty's Courts of Record at IFeJim'mJJer, by Adion of Debt, or on5°'- the Cafe, or by Bill, Suit or Information, wherein no Eftbin, Protection or Wager of Law, nor more than one Imparlance, fhall be allowed. XIV. And be it further enacted by the Authority aforefaid. That every Owner or Owners of any'pi,g^Q^jj,C^^_ comn-on Stage Waggon or Cart, from and after the faid twenty-fourth Day oijiine^ having the Fellies ofmon Stage Wag' the Wheels of lefs Breadth and Gauge than nine Inches, or fix Inches, from Side to Side, Ihall, over and %on, or Gart, to above what he or they is or are obliged by Law to write or paint, or caufe to be written or painted, upon ^'^ v^inted on his or their Waggon or Cart, paint or caufe to be painted, upon the Tilt of every fuch Waggon or Cart ["j'^^'jl^ '^^j"!"'^'^^ which has a Tilt, and upon the moft confpicuous Part of fuch Waggon or Cart which has not a Tilt, the wheelT""" following Words in large and legible Charaders ; that is to fay, COMMON S TA G E WA G G O N, or CART, as the Cafe may be ; and if any Owner or Owners of any fuch Waggon or Cart fhall, from and after the faid twenty-fourth Day of June, travel with or ufe by himfelf or Servant, any fuch Waggon or Cart, without the Words hereby required to be painted as aforefaid, he fhall forfeit and lofe one of thepenalty.andho* Horfes or Beafts of Draught (not being the Shaft or Thill Horfe) together with all the Geers and Accou- to pro«ed there- trements to fuch Horfe orBeaft of Draught belonging, to the fole Ufe and Benefit of the Perfon or Perfons'"* who fhall feize or diftrain the fame; and the Perfon or Perfons making fuch Seizure or Diftrefs, fhall pro- ceed in like manner, and be intitled to the like Remedy., as is direfted and given in Cafes of Seizures of Horfes by the faid Ait made in the twenty-fixth Year of the Reign of his prefent Majefty. ' XV. And whereas many Perfons are deterred from profecuting Offences committed againft the feveral ' Turnpike Laws, and it is inconvenient to others being upon Journies, or engaged on neceffary Bufinefs, ' to profecute tiie fame as the Law now ftands : And whereas many Laws have been made for and relating ' the fame Kind are likely to be made;' Be it enadted by the Authority aforefaid. That every Profecutor or Informer may at his Eleftion fue for and recover any Forfeiture or Penalty impofed by this or any A<St Method of Pro- or A£ts of Parliament made or to be made for erefting Turnpikes for repairing and amending Turnpike fecution for Re- Roads, or by any other Aft or Afts of Parliament relating to Turnpike Roads, in the fame Manner as fuch <:p™ry of Penal- Forfeitures and Penalties are feverally and relpeftively direfted to be fued foi' and recovered, or by Aftion*"^' "^"^V* at Law, to be brought by fuch Informer or Profecutor in any of his Majefty's Courts of Record at /;^y?- ^"""'"^ ' minjicr in manner following, (that is to fay) Where any Perfon fhall be liable to any fuch pecuniary Pe- iialty, it fhall be lawful to fue for and recover the fame by Aftion of Debt, in which it fhall be fufficient to declare that the Defendant is indebted to the Plaintiff in the Sum of being forfeited by an Aft, intituled. An Aci to arnend an A£i made in the tiventy- fixth Year of the Reipi of his prefent Majejiy. intituled. An A6t for the Amendment and Prefervation of the publick Highways and Turnpike Roads of this Kingdom, and for the more eftcftual Execution of the Laws relating thereto : And where the Penalty or Forfeiture is or fhall be of any Horfe or Beaft of Draught, or ani of fuch where other Goods, by an Aftion of Trover agair.ft the Perfon liable to fuch Penalty, in which the Value of any the Horfe, &c. is fuch Plorfe, Beaft of Draught, or other Goods, as is or are liabk to the Forfeiture, fhall be given in Da-^'^*""' mages, without any Proof of .any Seizure or Demand. XVI. Provided, That there fliall not be more than one Recovery for the fame Offence duly and bona fide. Limitation of and without Fraud, had and obtained for the fame; and that no Aftion fliall be brought by virtue of'tliis^'^'ons" Aft in any of his Majefty's faid Courts of Record, uniefs the fame be brought before the End of fix Months after the Offence committed. XVII, And, to enforce further a due Obfervation of this and the faid recited Aft, Be it enafted by the Surveyor, Col- Authority aforefaid. That every Surveyor of any Turnpike Road, and every Toll-gatherer, and all fuch je^!'". &<^- n=g- Perfons employed by- CommiiTioners a nd Truftees appointed for the repairing Roads, as receive Salaries oi J.^™^"^^^^^^'^^* Rewards, who fhall wilfully negleft to feize any fupernumerary Horfe or Horfes drawing in any Waggon, Horfes, or to give Wain or Cart, contrary to the true Intent and Meaning of this and the laid recited Aft, and fliall alf3 wil-intormaticn, fully negleft to lay fuch Information upon Oath before one or more of his Majefty's Juftices of the Peace for the County wherein fuch Offence was committed, or before the proper Commiflioners or Truftees at their refpedtive Meetings, as by the faid recited Aft is direfted, fhall, upon due Information made upon Oath before one or more of his Majefty's Juftices of the Peace for the fiaid County or Place, forfeit the Vol,. VII. 4 I Sum
 * and Perfonal Eftate together, to the Value of eight hundred Pounds.
 * to Turnpike Roads fince the twenty-fourth Year of the P^eign of his prefent Majefty, and more A£ts of