Page:Ruffhead - The Statutes at Large - vol 9.djvu/171

 A. D. 1763. Anno quarto Georgii III. C. 3, 121 mentioned in the faid Warrant, allowing them fufficientTime to do the fame, that the neighbouring Parts may not always bear the Burthen : And in cafe diffident Carriages cannot be provided within any fuch Liberty, Divifion or Precinct ; then the next Juftice or Juftices of the Peace of the County, Ridino- or Divifion, fhail, upon fuch Order as aforefaid being brought or fhewn to one or more of them, by any of the Officers aforefaid, iffue his or their Warrants to the Conftables or Petty Con- ftables of fuch next County, Riding, Liberty, Divifion or Precindf, for the Purpofes aforefaid, to make up fuch Deficiency : And the aforefaid Officer or Officers, who, by virtue of the aforefaid Rates for Carriages, Warrant from the Juftices of the Peace, are to demand the Carriage or Carriages therein mentioned of the Conftable or Petty Conftable to whom the Warrant is directed, is and are hereby required at the fame Time to pay down in Hand to the faid Conftable or Petty Conftable, for the Ufe of the Perfon whofhall provide fuch Carriages and Men, the Sum of one Shilling for every Mile any Wag- gon with five Horfes fhall travel ; and the Sum of one Shilling for every Mile any Wain with fix Oxen, or four Oxen with two Horfes, fhall travel ; and the Sum of nine Pence for every Mile any Cart with four Horfes fhall travel ; and fo in proportion for lefs Carriages ; for which refpedtiveSums fo received, the faid Conftable or Petty Conitable is hereby required to give a Receipt in Writing to the Perfon or Perfons paying the fame : And fuch Conftable or Petty Conftable fhall order. and ap- point fuch Perfon or Perfons, having Carriages within their refpedtive Liberties, as they fhall think proper, to provide and fumifh fuch Carriages and Men, according to the Warrant aforefaid, who are hereby required to provide and furnifh the fame accordingly : And if any Military Officer or Of- Penalty on Officers ficers, for the Ufe of whofe Troop or Company the Carriage was provided, fhall force and conftrain torc| ng Wagjons to any Waggon, Wain, Cart or Carriage, to travel more than one Day's Journey, or fhall not dif- p"*| wiry ic *" charge the fame in due Time for their Return home, or fhall fufTer any Soldier or Serjeant (except J fuch as are fick) or any Women to ride in the Waggon, Wain, Cart or Carriage aforefaid, or fhall force any Conftable or Petty Conftable, by Threatenings or menacing Words, to provide Saddle Horfes for themfelves or Servants, or fhall force Horfes from the Owners by themfelves, Servants or Soldiers ; every fuch Officer, for every fuch Offence, fhall forfeit the Sum of five Pounds ; Proof thereof being made upon Oath before two of his Majefty's Juftices of the Peace of the fame County or Riding, who are to certify the fame to the Paymafter General, or other refpedtive Paymafter of his Majefty's Forces, who is hereby required to pay the aforefaid Sum of five Pounds according to the Order and Appointment under the Hands and Seals of the aforefaid Juftices of the Peace of the fame County or Riding, who are hereby impowered to deduct the fame out of fuch Officer's Pay. XL. And be it enacted by the Authority aforefaid, That if any High Conftable or Petty Con- Penalty on Confiables, ftable fhall wilfully neglect or refufe to execute fuch Warrants of the Juftices of the Peace,- as fhall &c - Ne £ !eft ' be directed unto them for providing Carriages as aforefaid ; or if any Perfon or Perfons, appointed by fuch Conftable or Petty Conftable to provide or furnifh any Carriage and Man, fhall refufe or negledt to provide the fame ; or any other Perfon or Perfons whatfoever fhall wilfully do any Act or Thing, whereby the Execution of the faid Warrant fhall be hindered or fruftrated ; every fuch Conftable, or other Perfon or Perfons fo offending, fhall, for every fuch Offence, forfeit any Sum not exceeding forty Shillings, nor lefs than twenty Shillings, to the Ufe of the Poor of the Parifh where any fuch Offence fhall be committed : And all and every fuch Offence and Offences fhall and may be enquired of, heard, and fully determined by two of his Majefty's Juftices of the Peace, dwelling in or near the Place where fuch Offence fhall be committed, who have hereby Power to caufe the faid Penalty to be levied by Diftrefs and Sale of the Offender's Goods and Chattels, rendering the Overplus (if any) to the Owner. ' XLI. And whereas the refpeftive Sums of Money by this Act appointed to be paid to the Con- ' ftables by the Officers demanding fuch Carriages, are not, in many Cafes, fufficient to anfwer the ' Charge and Expence of providing the fame, infomuch that the faid Conftables are frequently at ' great Charges, over and above what is received by them of the faid Officers, to the great Burthen ' of the Townfhip of which he is Conftable, or elfe the Perfons performing fuch Carriages are ' grievoufly oppreffed ;' For Remedy whereof, and that the faid Overplus Charge may be borne by each County or Riding, at the general Charge of fuch County or Riding, Be it further enacted by Treafurers of theCosn- the Authority aforefaid, That the Treafurer or Treafurers of each refpedtive County or Riding fhall, ft a ye'r«tr!orJinr"y without Fee or Reward, pay unto fuch Conftable all and every fuch reafonable Sum or Sums of charges. Money, fo by him paid or laid out for fuch Carriages, over and above what was or ought to have been paid by the Officer requiring fuch Carriages, out of the publick Stock of fuch County or Fading, according to fuch Rates, Orders, Rules and Directions, as the faid Juftices of the Peace, in their Quarter Scffions affembled, within their refpedtive Jurifdidtions, fhall, from Time to Time, during the Continuance of this Act, make, direct and appoint (which Orders fhall be made without Fee or Reward) Regard being always had to the Seafon of the Year, and the Length and Condition of the Ways by and through which fuch Carriages are to travel. XLII. And in cafe the faid publick Stock of the County or Riding be not fufficient (over and above the other Purpofes for which it was railed) to fatisfy the extraordinary Charge of Carriages before-mentioned ; it is hereby further enacted, That the faid Juftices of the Peace in the General £ he Money for thofe Quarter Seflions fhall have Power, from Time to Time, to raife Monies upon the refpedtive Coun- "J^ " ow t0 ties or Ridings in fuch Manner as they now raife Monies for County Gaols and Bridges, to fatisfy the faid extraordinary Charge of Carriages. Vol. IX. R XLIII.