Page:Ruffhead - The Statutes at Large - vol 6.djvu/254

IQ2 C. 20. Anno o6lavo Georgii II. A. D. 1735. lirl Felonies fhall be par- doned. The Hundred to anfwer the Damages. Perfon difco- cover and apprehend, or caufe to be difcovered and apprehended, one or more Perfon or Perfons who vfa'ing others' 1 " ' nan commit any fuch Offence or Offences declared to be Felony as aforefaid, fo as he, fhe or they fhall guilty of the be thereof lawfully convicted, every fuch Perfon or Perfons on Conviction of the Offender or Offenders Felonies fo t0 be apprehended, (hall have, and is hereby intitled to his Majefty's mod gracious Pardon for the Felonies aforefaid, which he., fhe or they (hall have committed, at any time or times before fuch Dif- covery made, which Pardon (hall be likewife a good Bar to any Appeal brought or to be brought for any fuch Felony. VI. And be it further enacted by the Authority aforefaid, That from and after the faid fifteenth Day of May, the Inhabitants of every Hundred in that Part of the Kingdom of Great Britain called England, within which fuch Offence or Offences fliall be committed, by pulling down and deftroying any Turn- pike-Gate or Gates, or any Poft or Polls, Rail or Rails, Wall or Wails belonging to any Turnpike- Gate or Gates, or any Chain, Bar or Fence, or any Houfe or Houfes fet up or erected, or to be let up or erected, for the Ufe or Service of collecting the Tolls, at any Place appointed by the Commiffioners, or any five or more of them, acting under any Act or Acts of Parliament enabling them to act as Com- mifhoners for amending any Road or Roads, Highway or Highways, or any Lock, Sluice or Flood-gate, or any Works erected or to be erected by Authority of Parliament, upon any navigable River, for pre- ferving or fecuring the Navigation thereof, mall make full Satisfaction for the Damages that (hall be thereby fuffered; and that the faid Damages ihall and may be recovered by Action of Debt, Bill, Plaint or Information, in any of his Majefty's Courts of Record at Wejlminjler, by and in the Name of the Clerk of the Peace of the County for the time being, wherein fuch Offence or Offences (hall be committed, without naming the ChrirtianName or Surname of the Clerk of the Peace; and the faid Damages fo to be recovered, (hall be to the only Ufe and Behoof of the Truftees, Commiffioners, Pro- prietors or Undertakers of any Turnpike or navigable River, to be by them applied and difpofed of to the feveral Ufes and Purpofes and in fuch Manner, as the feveral Tolls, Rates and Duties, by virtue of any Act or Acts of Parliament made or to be made, are or (hall be applied and difpofed of, the Gum to be recovered againft the Inhabitants of fuch Hundred as Ihall by this Act be made liable to anfwer all or Part thereof, not exceeding, for any Offence, the Sum of twenty Pounds; and all and every eiceed n roi!°for the Inhabitants of fuch .Hundred (hall be rateably and proportionably taxed for and towards an equal ene Offence The inhabi- tants to be How to be re covered, and applied. •The faid Da- Cry, by 27 BI12. c. 13. On Conviilion of one or more Offenders in 12 Months, the Hundred or Inhabitants to be repaid out of the Tolls. AcTrions com- , rnenced by a Clerk of the en his Death. Contribution for the Relief of fuch Inhabitant or Inhabitants againft whom Execution for fuch da- mages Ihall be had and levied, which Tax fhall be levied and raifed by fuch Ways and Means, and ! in fuch Manner and Form as is prefcribed and mentioned for the levying and railing Damages reco- as in Hue and ' vered againft Inhabitants of Hundreds in cafes of Robberies, in and by an Act, intituled, An Ail for the following Hue and Cry, made in the twenty-feventh Year of the Reign of Queen Elizabeth. VII. Provided always, and be it further enacted by the Authority aforefaid, That where any Offence fhall be committed againft this Act, and any one or more of the faid Offenders (hall be apprehended and lawfully convicted of fuch Offence within twelve Months next after fuch Offence Ihall be commit- ted, any Hundred or Inhabitants thereof, fubject or liable to make any Satisfaction for the Damages that (hall be fuftained by any of the Offences aforefaid, and who (hall have made fuch Satisfaction, mall, upon fuch Conviction of any one or more of the faid Offenders within the Time aforefaid, be repaid the Sums they have paid for fuch Satisfaction out of the Tolls of the Turnpike which (hall fo be pulled down; any thing herein contained to the contrary notwithftanding. VIII. And be it further enacted by the Authority aforefaid, That if any Clerk of the Peace of or in any County within that Part of Great Britain called England, fhall at any Time hereafter commence or be dr' n ° t '°d P re ^ er an Y ulcn Action, Bill, Plaint or Information, and fliall, after the fame fo fued, commenced or preferred, happen to die or be removed out of his Office before Recovery and Execution had, that no fuch Action, Bill, Plaint or Information, fued, commenced or preferred, ihall by fuch difplacing or Death be abated or difcontinued; but it (hall and may be lawful to and for the Clerk of the Peace next fucceeding in the faid County, to profecute, purfue and follow all and every fuch Ac- tion, Bill, Plaint or Information, fo depending for fuch Damages as (hall be fuftained by any fuch Offence or Offences as aforefaid, in fuch Manner and Form to all Intents and Purpofes as the Clerk of the Peace might have done, who firft preferred the faid Action, Bill, Plaint or Informa- tion. . IX. Provided neverthelefs, That no Action of Debt, Bill, Plaint or Information, (hall be had, fued or profecuted, to recover any Damages by virtue of this Act, unlefs Information upon Oath fliall be made thereof within Six Days before fome Juftice of the Peace of the County, Liberty or Di- vifion where fuch Offence or Offences (hall be committed, inhabiting within the faid Hundred, or near the fame. X. Provided alfo, That no Action of Debt, Bill, Plaint or Information fhall be had, fued or pro- 6 Months after fecuted, to recover any Damages to be fuftained by Reafon of any Offence or Offences to be com- the Offence, mitted contrary to this Act, againft any Inhabitant of any Hundred where fuch Offence or Offences fhall be committed, except fuch Action or Suit Ihall be commenced within fix Months next after fuch Of- fence fliall be committed. XI. And be it further enacted by the Authority aforefaid, That if any Perfon or Perfons fhall af- fault any Collector or Collectors of the Toll, or threaten him or them in the Execution of his or their Office or Offices, or (hall forcibly pals through any Turnpike-Gate or Gates, Rail or Rails, Chain or Chains, or other Fence or Fences, fet up or to be fet up by Authority of Parliament, without pay- ing the Toll appointed to be paid at fuch Gate or other Fence; or if any Perfon or Perfons mall forcibly carry away or detain any Collector or Collectors of the Toll, fo as he, (he or they fhall not be able to return to their Duty for the Space of three Days; that then and in any of the laid Cafes, the No Aftion for recovering Da- mages, unlefs Information made within 6 Days, and the Suit commenced in 5). Penalty on alfaulting or threatning Collectors of Tolls, or forci- bly paffing through Turn- pikes, &c.