Page:Ruffhead - The Statutes at Large - vol 8.djvu/377

 jAr. D. 175^* Anno tricefimo fecundo Georgii 11, C, i5, 34-3 CAP. XV. JAn A6t for the better Prefervatlon of the Turnpike Roads in that Part o^ Great Britain called Scotland. WHEREAS great Sums of Money have been expended in amending and repairing the Turn- Preamble, pike Roads in that Part o^ Great Britain called Scotland^ yet the faid Roads cannot be Icept ■ in iufficient Repair, and are in many Places become ruinous by the great and exceiTive Weights ' which the Number of Horfes now allowed by Law to drav/ Waggons and other Carriages, enable "'Carriers, and other Perfons, ufing the faid Roads, -to carry upon the fame :' For Remedy whereof. Be it enacted by the King's moft Excellent Majefty, by and with the Advice and Confent of the •Lords Spiritual and Temporal, and Commons, in this prefent Parliament aflembied, and by the Au- thority of the fame. That from and after the firft Day of Septe?nb£r one thoufand feven hundred and Additional Toll of et. Kfty-nine, where any Waggon, Wain, Cart, or other Carriage, is drawn by four or more Horfes, or per Horfe to belaid on other Beafts of Draught, it fhall and may be lawful for all Truftees or Commiffioners appointed, or ^1' Waggons, &c. drawiv lereafter to be appointed, by any AcSl or A6ts of Parliament, for the Repair of any Highway or High- by fo"- nr more Horfos '^ays, in that Part oi Great Britain called Scotland^ in their refpe6tive Diftridls, or any five or more " ^" ' bf them, or any Perfon or Perfons impowered by them, or any five or more of them, to demand, i-eceive, and taice, and they are hereby required to demand, receive, and take, at all the Gates and 'Bars that are or fliall be ere£led for receiving and collecSting any Toll or Duty, before fuch Waggon, Wain Cart or other Carriage, fViall be permitted to pafs through any fiich Toll-gate or Toll-bar, Dver and above the Tolls or Duties already granted, or hereafter to be granted, the Sum of five Shil- i ,ings Sterling for each Horfe, or other Bead of Draught, drawing any fuch Waggon, Wain, Cart, or Dther Carriage; which faid additional Toll or Duty hereby granted and made payable, fliall and may •be levied upon any Perfon who fhall, after Demand made thereof, refufe or negleit to pay the fame, lin fuch Manner as any other Toll or Duty, payable at the fame Turnpike-gate or Bar, is by Law to be levied; and the Money arifing from fuch additional Duty, ihall be applied to the Repair of the i Highway where the fame fhall be collected. - n. And be it further enaded by the Authority aforefaid, That if any Perfon or Perfons fliall take 20 s. Penalty on taliiny 'off, or caufe to be taken off, any Horfe or Horfes, or other Beaft of Draught, from any Carriage, cfFHorie, &c. to auoid 'it or before the fame fhall come to any of the faid Gates or Turnpikes, with an Intent to avoid pay- ^^~ additwnalToll. 'ing the faid additional Toll or Duty, each and every Perfon fo offending, and being convitfted thereof before the faid Truftees, or any five or more of them, upon the Oath of one or more credible Wit- [nefs or WitnefTes (which Oath the faid Truftees, or any five or more of them, are hereby impowered ! to adminifter) fliall forfeit and pay twenty Shillings Sterling; one Half to the Liformer, and the other Half to be applied to repairing fuch Part or Parts of the laid Road, as the faid Truftees, or any five or more of them, fhall appoint. in. And be it further enacted and declared by the Authority aforefaid. That every Perfon who Travelling fhall drive any Waggon or other Carriage upon any Part of any Turnpike Road, with more Horfes with fewer Horfes on one than fuch Waggon, or other Carnage, {hall, on the fame Day, pafs through any Turnpike-bar or Partof the Road than on ■Gate with, fhall be deemed and and adjudged to have taken off the faid Horfes, with Intent to ^"'^^'^" ^'*^'® '° ^"^^**^' avoid paying the faid additional Toll or Duty. I IV. And be it further enabled by the Authority aforefaid. That from and after the firft Day of ^September one thoufand feven hundred and fifty-nine, no Waggon, Wain, Cart, or other Carriage, I Ihall be drawn by more than eight Horfes, or other Beafts of Draught, upon any Turnpike Road, [ in that Part of Great Britain called Scotland^ on Pain of forfeiting the Sum of five Pounds Sterling for ■ every fuch Offence; one Half to the Informer, and the other Half to be applied to repairing the Road where the Offence Ihall be committed, as the Truftees, or any five or more of them, fhall appoint. V. Provided always, and be it enabled by the Authority aforefaid. That nothing in this AtSl Such Number sfHorfb contained (hall extend, or be conftrued to extend, to reftrain the Owner or Owners of any Car- "^•^y. be ufed for drawing liaee, or his or their Servants, ufing or drawing with as many Horfes, or Beafts of Draught, as Carriages up HjII, as the i Ti u n- r J • r xTr^ • yi ttmi ^' r -j t^ n. c Truftees by an Order for fliall be neceliary for drav/ing luch Carriages up any fteep Hill, as the faid 1 ruttees, or any five tj^^j-p^ oY^^ ^j^^y„jj^^^^ or more of them, within their refpe6live Diftridts, where fuch fteep Flills do lie, ft^all, from time ^^ fjl^g O'dertj te' to time, ordef and dire£l; a Copy of which Order and Dire6tion, under the Hand of the Clerk lodged with the Coilec- of the faid Truftees, fhall be kept by i:he Perfon or Perfons impowered to levy the faid Tolls tor of the Tolls, &c. or Duties, at the Toll-gate next adjacent to fuch Hills; and fhall v/Ithout Fee or Reward, be made Patent to the Owners of fuch Carriages pafting the Road, or their Servants, requiring to fee the fame. ' VI. Provided always, and be it enabled by the Authority aforefaid, That nothing in this Acl: con- Waggons, &c. witiv tained ftiall impofe or be conftrued to irnpofe the faid additional Duty on any Waggon, Wain, ^''o^'^ Wheels, Cart, or other Carriage, the Fellies of the Wheels whereof are of the Bj-eadth or Gage of nine Inches, from Side to Side, at the leaft; nor on any Waggon, Wain, Cart, or other Carriage, or carrying only one
 * employed in carrying one Tree or Piece of Timber, one Stone^or Block of Marble, or any Ma- Biocic of Marble, tc. not

chine or Engine in one Piece, which cannot be drawn by fewer than four Florfes j nor on any ^•*^^^^*^'^"''-'^*'^'■'^7* Waggon,