Page:Ruffhead - The Statutes at Large - vol 7.djvu/408

388 C. 43. Anno vicefiiiio quarto Georgii II. A. D. 175 i. for the carrj'ing of any Goods or Merchandize Vv'hatfoever, and order and caufc all and every fuch Carts and Waggons or other Carriages (except fuch a^ by this A6t are excepted) which fhall pafs through any fufh Gate or Bar to be. weighed, together with the Loading thereof, and fliall receive and take fuch Toll and additional Duty of twenty Shillings the Hundred, as is by the faid Act authorized and directed to be received and taken, and fhall apply the fame for the Purpofes in the faid Act mentioned. TruSses for VII. Provided always, and be it enadled, That nothing in this Act contained fhall extend, or be con- Rojdsbcjond 30 ftrucd to cxtend to oblige the Truftees of any Turnpike Road beyond thirty Miles Diftance from London, Mi)cs iVom Loii- jjj- where the Tolls and Duties granted to fuch Truitees do not amount to the annual Sum of one hundred r'S-'li'"!)"^" '^"'^ ^^^y Pounds within thirty Miles Diftance from London, to ereit any Engine or Machine for the wcigh- no't amount" to i"g Waggons or Carriages; any Thing in this Aft to the contrary notwithltanding. the annual Sum ot' 150I. not obliged to eiefl Engines. J Geo. I. c 57. ' VIII. And whereas an A£t palTed in the firft Year of the Reign of King George the Firfl has not been ■' found fufHcient to prevent the Mifchiefs that frequently happen by the Negligence of Carters, Draymen, ' Carmen and Waggoners riding on their Carriages in the City oi London, or within ten Miles thereof;' Now, in order more cfteftually to prevent fuch Mifchiefs for the future, and for the more fpecdy and j'enalt>'on Carter eafy Convi£tion and punifhing Ofienders againft the faid A6t, Be it therefore enacted, That if any the fame. the fame, every fuch Perfon, being thereof convi£ted according to the 'I'tnor of the aforciaid Act, fliall forfeit and pay the Sum of ten Shillings, in cafe fuch Driver fhall not be the Owner of fuch Carriage; and in cafe the Offender be the Owner of fuch Carriage, then any Sum not exceeding twenty Shil- lings : Which Penalties fhall be recovered, levied and "applied, aa by the faid former A6t is diredled concerning the ten Shillings Penalty aforcfaid. Any Perfon may IX. And be it cnadted by the Authority aforefaid, That it fhall and may be lawful for any Perfon .-ippvehend fuch qj. Perfons, though not a Peace Officer, to flop and apprehend fuch Offender, and to carry him, as foon ^a him before ^^ conveniently may be, before any Juftice of the Peace for the County, City or Place where fuch Of- IV'ilice. fence is committed; and in cafe any Perfon or Perfons fliall refiff, abufe or prevent any Perfon endea- Pcnaltyofre- vouring to apprehend any fuch Offender, or when he is apprehended, fhali refcue or endeavour to fiiUng, &c. refcue him, fuch Perfon fo offending fhall for every fuch Offence incur the Penalty of twenty Shillings, to be recovered and applied as aforefaid. Wafgons draw- X. Provided always, and be it further enacted by the Authority aforefaid. That nothing in this or any jng up fteep former Adl contained, fliall extend, or be conftrued to extend to reftrain or hinder any Owi.er or Ow- an™Ho"rfes ^^^ °^ ^"V Waggon or other Carriage, or his or their Servants, uiing or drawing with as many Horfes or as the juftices at Beafls as fhall be neceffary for the drawing fuch Waggons or other Carriages up any fuch fleep Hills, as Seflions fliaii the Juflices of the Peace of the refpedtive Counties, Ridings, Divifions and Places where fuch fleep Hills diredl. Jq He, fhall at their Qiiarter-SelTions from time to time order and direft; which faid Order and Direition fhall be kept by the refpedtive Clerks of the Peace among the Records of the SelTions, to which all Per- fons, at reafonable Times, fhall have Recourfe without Fee or Reward. ' XL And whereas feveral A£ts have been made, as well for repairing and amending divers publick ' Roads in that Part of Great Britain called England, as for punifliing Offences done or committed upon or _ ' to the Highways, the good Intentions whereof have not been anfwered for want of a due Execution of ' the faid Laws;' For Remedy whereof, and as a further Encouragement to Informers, Be it enacted by Penalties vefled the Authority aforefaid. That all Penalties-and Forfeitures impofed by this or any former A£t, fhall, from in the Informer, and after the tenth Day of September in the Year one thoufand feven hundred and fifty-one, be wholly given to and veiled in the Infofmer or Perfon who fhall fue for the fame; any Law or Statute to the contrary Method of Re- notwithftanding : And every fuch Informer or Profecutor fhall and may from thenceforth fue for and re- covery, cover fuch Forfeitures or Penalties by this or any of the faid A£ts impofed, in the fame Manner as the fame are feverally and refpedlively dire£led to be fued for and recovered, or by A<£tion at Law, to be brought by fuch Informer or Profecutor in any of his Majefly's Courts of Record at Wcjhninjier, in Manner following; that is to fay, where any Perfon fhall for any fuch Offence be liable to pay any pecuniary Pen.alty, it fhall be lawful to fue for the fame by Adlion of Debt; in which it fhall be fufficient to declare, that the De- fendant is indebted to the Plaintiff in the Sum of being forfeited by an A6V, ntituled. And where the Penalty or Forfeiture is of any Horfe or Horfes, Gelding or Geldings, Mare or Mares, or other Goods, by an Adlion of Trover againfl the Perfon liable to fuch Penalty or Forfeiture, in which the Value of fuch Horfe or Horfes, Gelding or Geldings, Mare or Mares, or other Goods as is or are liable to the Forfeiture, fhall be given in Damages, without any Seizure or Demand thereof; and the OouMc Cofts. Plaintiff, if he recover in any fuch A£lion, fhall have double Coils; provided that there fhall not be more Limitation of than One Recovery for the fame Offence: And that no Adlion fhall be brought, by virtue of this Act, in Aaions. any of his Majefly's faid Courts of Record, unlefs the fame be brought before the End of fi, Calendar f. ■ V , Months after the Offence committed. Cancer /It ng Httrb- vnijt Jee furtbtr*^ C«. a. t, 18 & 30. »8 Gto. i, c. 17. 30 Geo, z, c. zS. 31 Geo. z, c. 34. CAP.