Whit Carriages (hall not be weighed. 440 C. 43. Anno decimo quarto Georgii II. A. D. 1741. Perfon or Perfons concerned in fuch Weighing, Diftraining or Seziure ; every fuch Perfon (hall, on Oath thereof made by one Witnefs before a Juftice of the Peace of the County or Place where fuch Offence fhall be committed, or fuch Offender (hall dwell, be fent to the common Gaol of fuch County or Place for three Months, and fhall forfeit the Sum of ten Pounds ; Half thereof to be paid to the In- former, and the other Half to be employed in the Repair of the faid Highways ; which Penalty (hall be levied on the Goods of fuch Perfon fo offending as aforefaid, by aWarrant from fuch Juftice; and if the Penalty be not paid in three Days after Diftrefs made, the Perfon who fhall be authorized by the faid Warrant to make fuch Diftrefs, may fell the faid Goods, and detain out of the Money arlfing from fuch Sale the faid Penalty of ten Pounds, returning the Overplus (if any) to the Owner of the faid Goods. V. Provided always, That nothing in this A£t fhall be deemed or conftrued to extend to Carts, Wag- gons, or other Carriages employed only about Husbandry, or carrying of only Cheefe, Butter, Hay, Straw, Com unfhrefhed, or Chalk, or any one Stone, Block of Marble or Piece of Timber, nor to Caravans, or the covered Carriages of Noblemen and Gentlemen for their private Ufe, or fuch Tim- ber, Ammunition or Artillery as fhall be for his Majefty's Service. ' VI. And whereas and Act was made in the fifth Year of the Reign of his late Majefty King ' George the firft, intituled, An Acl for making more effectual the feveral A5ts pqffed for repairing and
- amending the Highways of this Kingdom ; which hath proved infufticient for that Purpofe, by reafon that
' the faid Act extends to fuch Waggons and Carts only as travel for Hire, and by reafon of many Dif- ' Acuities in the Manner of convicting and punifhing the Offenders againft the fame ;' For Remedy whereof, be it enacted by the Authority aforefaid, That the faid Act, and all and Angular the Claufes, Penalties and Forfeitures therein contained, fhall extend, and be conftrued to extend to all Waggons ened,' andmade an d Carts, and to the Owners and Drivers thereof, his and their Horfes, with the Geers, Bridles, Hal- niore extenfive. ters and Accoutrements, whether travelling for Hire, or not for Hire, or in any Manner whatfoever; - and that all and every Perfon and Perfons who fhall offend againft the faid Act, or this prefent Aft, fhall for every fuch Offence (being thereof convicted upon Oath within the Space of three Days next after fuch Offence before any one or .more Juftice or Juftices of the Peace of the County, City, Li- berty or Divifion, where fuch Offence fhall be committed, or where fuch Offender or Offenders fhall happen to be) feverally forfeit, be fubject and liable to, the refpective Penalties and Forfeitures in the laid Act contained ; to be levied, recovered and applied in fuch Manner, and to fuch Ufes, as in and by the faid Act is mentioned and directed ; and his and their Horfes, with the Geers, Bridles, Halters and Accoutrements, fhall for the Space of three Days next after fuch Offence be and remain, fubject and liable to fuch Seizures and Diftrefles, and for the Ufe and Benefit of fuch Perfon and Perfons, as they would or might have been, had they been feized or diftrained in the Fact, during the Commiffion of fuch Offence. VII. And be it further enacted. That if any Action or Actions fhall at any Time or Times hereafter be brought againft any Perfon or Perfons whatfoever, for any Matter or Thing which be, fhe or they fhall do, or caufe to be done by virtue or in Execution of this Act, that in fuch Cafe the Defendant or Defendants in every fuch Action or Actions fhall and may plead the General IfTue, and give this Act, and the fpecial Matter in Evidence on any Trial or Trials to be hereafter had in fuch Action or Ac- lions; and that if the Plaintiff or Plaintiffs in any fuch Action or Actions fhall difcontinue fuch Action or Actions, or become nonfuit, or if Judgment fhall be given againft fuch Plaintiff or Plaintiffs in fuch Action or Actions, that then the Defendant or Defendants in every fuch Action or Actions fhall re- cover his or their Treble Cofts of Suit; any Law, Cuftom or Ufage whatfoever to the contrary in any wife notwithftanding. ziGco.z. c. 28. 24t?eo.2. c. 43. 26 Geo. 2. c. 28 & 30. 28 Geo 2. c. 17. 30 Geo. 2. c. 28. 31 Geo. 2 Aa 5 Geo. 1. , ftrength General I.Tue. Treble Cofts. Concerning High nvays fee farther .16 Geo, 2. c. 29. 18 Geo. 2. c. 33. 34. CAP. XLIII. An Act. to enable Thomas Smith, Efq; Lord of the Manor of Farlington in the County Southampton, to fupply the Town of Port/mouth, and Parts adjacent, with good and whole- fome Water, at his own proper Cofts and Charges. P R. ' ^I/HEREAS the conveying good and wholefome Water to the Town of Portfinouth in the -' W County of Southampton, and the Parts adjacent, will be very defirable, and of great Ufe and ' Benefit to the Inhabitants thereof, as well as for the Garifon, the publi.ck Offices, and Shipping ; : May it therefore pleafe your mod Excellent Majefty that it may be enacted, C3"V. " Frefh Water to be brought to Portfinouth, from Springs in Farlington. Pipes to be laid through the " King's Roads, and private Eftates, paying for all Damages. Damages to be fettled by a Jury. Ver- " diets to be inrolled by the Clerk of the Peace, which (hall be binding, and not removed to another -" Court. Ground fhall not be entered on, till Satisfaction paid. Pipes may be laid through the Streets. -" tiff, of Portfinouth. Not to damage the Fortifications. Provifo, in Behalf of other Springs. Anna
