Page:Ruffhead - The Statutes at Large - vol 8.djvu/137

 A.D. 1757. Anno triccfimo Georgii II. C. 28. 103 ' Inches from Side to Side at the lead:, at the Sole or Bottom of the Wheel, to pafs through all and every by another Claufe in the laft-mentioned A6t it is enacted, 1 hat from and after the faid twenty-fourth Day oi June all W'aggons, Wains and other four Wheel Carriages, not being Common Stage Wag- gons or Carriages (though the Fellies of the Wheels arc not of the Breadth of nine Inches or fix ' other four Wheel Carriage fhall travel, pafs or drive any fuch Waggon or other four Wheel Carriage ' Offence, forfeit and pay the Sum of five Pounds ; which faid Penalty fhall be recovered and levied by Claufes in the laft mijntioned recited A61 fhall, from and after the faid twenty-fourth Day of Jz.'«i^ one thoufand feven hundred and fifty eight, be repealed. _ ^ ■ XI. And be it further enadted by the Authority aforefaid. That from and after the Time aforefaid no No WaBgons Wago^on having the Fellies of the Wheels thereof of the Breadth or Gage of nine Inches at the Bottom, with broad fliall pafs along any Turnpike Road, which fliall be wider than five Feet fix Inches from the Middle of ^^il." jlj^;^f  the Fellies of the Wheels on one Side of fuch Waggon, to the Middle of the Fellies of the Wheels inches may pafs on the other Side of fuch Waggon ; and the Surveyor or Surveyors, Gate-keeper or Gate-keepers of any on Turnpike Turnpike Road, is and are hereby authorized and required, at any Turnpike or Toll-gate, or at any Roads, other Place upon the Turnpike Road, to meafure every fuch Waggon from the Middle of the Fellies of the Wheels on one Side of fuch Waggons, to the Middle of the Fellies of the Wheels on the other Side thereof; and if any Mafter or Driver of any Waggon fhall hinder or refufe to permit fuch Surveyor or Surveyors, Gate-keeper or Gate-keepers, to Meaiure fuch W^aggon as aforefaid it fliall be unlawful for every fuch Waggon, not permitted to be Meafured as aforefaid, to pafs along any Turnpike Road. XII. And be it ena6led by the Authority aforefaid, That if any Aftion or Suit fhall be commenced LimUation of againft any Perfon or Perfons for any Thing done or a£led in Purfuance of this A£t, then and in every Actions. fuch Cafe, fuch Adion or Suit fliall be commenced or profecuted within fix Calendar Months next after the Fa£l committed, and not afterwards ; and the fame, and every fuch A6tion or Suit, fhall be brought in the County, Riding or Place where the Perfon againfl whom fuch AcStion or Suit fliall be commenced doth ordinarily inhabit and refide, or in the County or Riding where the Fadt was committed, and not elfewhere ; and the Defendant or Defendants in every fuch A<51ion or Suit fhall and may plead the General General Iffue, Iffue, and give this A6t and the Special Matter in Evidence at any Trial to be had thereupon, and that the fame was done in purfuance of and by Authority of this piefent A6f ; and if the fame fhall appear to have been fo done, or if any fuch A6tion or Suit fhall be brought after the Time herein before limited for bringing the fame, or be brought or laid in any other County, Riding or Place than as afore-men- tioned, then the Jury fhall find for the Defendant or Defendants ; or if the Plaintiff or Plaintiffs ihall be- come nonfuited, or difcontinue his, her or their Aftion, after the Defendant or Defendants fliall have appeared; or if, upon Demurrer, Judgment fhall be given againft the Plaintiff or Plaintiffs, the Defen- dant or Defendanrs, fhall and may recover treble Cofls, and have the like Remedy for recovery thereof, TiebleCorts, as any Defendant or Defendants hath or have in any other Cafes by Law. ' XIII. And whereas fome Doubts have arifen concerning the Meaning of the Words Common Stage rying Goods for Hire, is and fhall be deemed to be a Common Stage Waggon, within the true Intent d^'fif*^ a Ccm- and Meaning of an A61: made in the twenty-eighth Year of the Reign of his prefent Majefty, intituled, •^°" Stage ;:g- Jn Al^i to anund an Jil hi the twenty-fixih Tear of^ the Reign of kis prefent M'sjcfly-, vit'iitded^ An Act for the ^'i^ Amendment and Prefervation of the publick Highways and Turnpike Roadb of this Kingdom ; aiid for " - ■ >' the more effectual Execution of the Laws relating thereto. , * XIV. Whereas it is in and by an A£t of the twenty-eighth Year of his prefent Majcfiy amongfi other C?.uf"a in APt ' Houfe of Correction, and there to be kept to hard Labour for the Space of o.ie Month : An(l v/hcreas
 * Turnpike Gate or Gates, Ear or J^ars, with fix Horfes ; and ail Carts and other Carriages having the
 * p'ellies thereof of the Breadth or Gage of fix Inches from Side to Side at the Icart, at the Sole or Bottom
 * of the Wheel, with four Horfes, without paying any more Toll or Duty than is paid for Waggons now
 * drawn by four, and Carts drawn by three Horfes, or for the Horfes drawing the fame: And whereas
 * . inches) may. travel, pafs or be driven upon any Turnpike Road, v/ith any Number of Horfes not ex-
 * ceedin'J- hve Horfes or Beafts of Draught : And if any Owner or Driver of any fuch Waggon, Wain or
 * with more than five Horfes or Beafts of Draught, every fuch (3wner fo offending fnall, for every fuch
 * Diftrefs and Sale of the Offender's Goods and Chattels, by Warrant or Vv''arrants under the Hands and
 * . Seals of the Truftees, or any three or more of them, of fuch Diftrict, or any one or more Juftice or
 * Tuftices of the Peace, in or near to the Place or Places where the Offence fliall be committed, or by
 * A61:ion of Debt, Bill, Plaint or Information in any of his Majefty's Courts of Record at IVcftmhifter ;
 * v/here no Effoin, Proteition or Wager of Law, or more than one Imparlance fhall be allowed ; And iii
 * cafe any Driver of any Waggon, Wain or other Carriage as aforcfaid, fiiull ail contrary to the true In-
 * tent and Meaning hereof, fuch Juftice or Juftices fhail, by Warrant or Warrants under his or their
 * Hands and Seals, commit fuch Driver to the Houfc of Correction for the Space of one Montis, there to
 * remain without Bail or Mainprize ;' Be it enabled by the Authority aforefaid. That the faid recited
 * IVaggonSy' It is hereby declared, 7'hat every Waggon, Wain, Cart or Carriage travelling with or car- V/bat fliall be
 * Things enadted and declared, That if any Collector or Receiver of th-j Tolls or Duties at any Gate or 2S G. 2, c. j;,
 * Turnpike, where or near to which any Crane, Machine or Engine for weighiiig of Carriages fnall be ^' 7-
 * built or erefted, fhall permit any Cart, Waggon or Carriage, within the Defcriprions therein mention-
 * ed, to pafs or repafs through any fuch Gate or Turnpike without weighing the fame, fuch Colleclor
 * or Receiver fhall, upon Convidion, as by the faid Ad is directed, be liable to be committed to the
 * Doubts