Commiffion.

fuch toll was paid, and alfo through all other gates and turnpikes whereat the faid tolls are hereby made payable, upon producing a note or ticket denoting the payment of fuch tolls which notes or tickets the collectors of the faid tolls are hereby required to give gratis on receipt of fuch tolls.

LXXXI. And it is hereby further enacted, That the faid may leafe, commiffioners may, and they are hereby impowered, upon ten c. the tolls. days notice being given in the London Gazette, to leafe or farm, by the year, the tolls by this act granted, or any part or parts thereof, to any perfon or perfons, at or for the largest yearly fums that can be got for the fame; provided that fuch lettings or agreements be made in writing, and figned by the perfon or perfons taking or farming any fuch tolls, and by the faid commiffioners letting the fame, and be not made for more than three years at a time; and that the money that fhall be fo agreed to be paid for the faid tolls, fhall be made payable, and fhall be paid, to the chamberlain of the faid city for the time being, by quarterly payments; and that the person or perfons to whom the fame fhall be fo lett, fhall always pay one quarter's pay in advance; and if any letting or agreement for letting the faid tolls, or any part or parts thereof, fhall be made, and any default fhall be made in paying the money agreed to be paid, contrary to the true meaning of this act, then every such letting and agreement fhall be void, and the perfon or perfons to whom the faid tolls fhall be lett, fhall be liable to account for the fame, and to have the fame levied and recovered upon and of him or them, in the fame manner as is by this act directed for the accounting for the said tolls by the collectors thereof, and for the levying and recovering the fame upon and of

appoint Atcers,

them.

LXXXII. And it is hereby further enacted by the authority aforefaid, That it fhall and may be lawful to and for the faid commiffioners, at any time or times, by any writing or writings, under their hands and feals, to nominate and appoint fuch perfon or perfons to be receiver or receivers, collector or collectors, of the faid refpective tolls, as they fhall think fit; and all perfons by this act made liable to pay the faid tolls, or any of them, are hereby required to pay the fame to fuch receiver or receivers, collector or collectors, as aforefaid; and all fuch receivers and collectors fhall refpectively pay the fame into the office of the chamberlain of the faid city, in like manner, and under the like regulations and reftrictions, as are herein before expreffed of and concerning the collecting and paying the who are to ac- rates and affeffiments aforefaid; and fhall alfo upon oath, if Count upon thereunto required by the faid commiffioners conftituted by this act (which oath the faid commiffioners are hereby authorized. and impowered to administer) from time to time give unto the faid commiffioners, or to fuch perfon or perfons as they shall ap point for that purpose, a true, exact, and perfect account in writing, under their refpective hands, of all monies which they, and every, or any of them, fhall to fuch time have received by virtue

I

count,

virtue of this act: and if any fuch receiver or collector fhall not Officers refufmake and render, or fhall refufe to verify upon oath any fuch ing to acaccount, or to make payment as aforefaid, then, or in either of juftices to enfuch cafes, it shall be lawful to or for one or more juftice or quire into the juftices of the peace, and fuch juftice or juftices, upon com- default, plaint to him or them made, is and are hereby authorized and required to make enquiry concerning fuch default, as well by confeffion of the party, as by the teftimony of any credible witnefs or witneffes, upon oath (which oath fuch juftice or justices is and are hereby impowered and required to administer, without fee or reward); and if any fuch receiver or collector fhall and commit be convicted of any or either of the offences aforefaid, fuch ju- the offenders ftice or justices fhall commit every fuch offender to the common until payment or compofition county gaol, without bail or mainprize, until he shall give or be made. make a true and perfect account and payment as aforesaid, or until he shall have compounded with the faid commiffioners conftituted by this act, and fhall have paid fuch compofition in fuch manner as they fhall appoint; which compofition the said commiffioners are hereby impowered to make; and the faid com- Commiffionmiffioners fhall and may, out of the monies arifing by the faid ers to allow tolls, or otherwise make such allowance unto their receivers and officers falacollectors, and all other perfons to be employed by or under the ries. faid commiffioners in the execution of this act, for their care and pains in their respective offices, as the faid commiffioners fhall think fit and reasonable.

LXXXIII. And it is hereby further enacted, That if any per- Penalty on fon or perfons, fhall forcibly or wilfully go or pafs with any horfe, forcibly paffbeaft, or carriage, through any turnpike whereat any toll is, by ing through virtue of this act, to be paid, without paying fuch toll, or pro- the gates, &c. ducing a note or ticket as aforesaid at fuch turnpike, or shall knowingly or defignedly affault, interrupt, or obstruct, any or either of the collectors or perfons employed in the collecting or receiving any or either of the faid tolls, or any otherwise, in the execution of his or their respective office or offices of receiver or collector; or fhall forge, counterfeit, or alter, or fhall and on giving deliver to, or receive from, any other perfon or perfons, any note or receiving or ticket, with an intent to avoid the payment of any or either tickets, &c. to avoid pay of the faid tolls, or any part thereof; every person so offend- ment of the ing fhall, for every fuch offence, forfeit and pay the fum of tolls. forty fhillings, over and befides fuch damages and punishments as they and every of them refpectively fhall be liable to by law; and it shall and may be lawful to and for the faid receivers or collectors, and for every of them, and all other perfons required by them to affift in that refpect, to feize any horfe or horfes, cattle, or goods, belonging to, or in the poffeffion, or under the care of, any perfon or perfons fo offending in the premiffes, and to take fuch offenders before any juftice of the peace, and before him to make complaint of fuch offence or offences; and fuch juftice may, and is hereby required to enquire into the fame, as well by examination of the party or parties, as by the eftimony of any credible witness or witneffes upon oath (which

K 2

oath

Tolls may be farmed.

Tolls may be affigned for money bor. I owed.

oath fuch juftice is hereby impowered to adminifter without fee or reward) and if the faid juftice fhall fee caufe, to convict the party or parties complained of in the penalty aforefaid; and for nonpayment thereof, and of the tolls that fhall be due (though the fame fhall not be demanded) by warrant under his hand and feal, to caufe the faid horfe or horfes, cattle, or goods, to be fold for payment of the faid tolls and penalties, and the charges of feizing and keeping the fame, and of fuch fale, rendering the overplus, if any there fhall be, to the owner or owners of the said horfe or horfes, cattle or goods, or to the perfon or perfons under whose care, or in whofe poffeffion, they respectively were when fo feized as aforefaid; and if no fuch feizure as aforefaid can or fhall be made, then the aforesaid penalties and tolls fhall be levied and recovered by fuch means, and applied in fuch manner, as herein after mentioned.

LXXXIV. And it is hereby further enacted, That it fhall and may be lawful to and for the commiffioners of any of the faid turnpikes for the time being, or for any three or more of the commiffioners of each of the faid turnpikes, at any of their public meetings, to treat and agree with the commiffioners conftituted by this act, for the taking or farming any of the faid tolls.

LXXXV. And it is hereby further enacted, That the faid commiflioners may, and they are hereby impowered, to borrow and take up at intereft, any fum or fums of money upon the credit of the tolls, payable by virtue of this act; and to affign over the fame, or any part thereof, by any writing or writings under their hands and feals, the charges of fuch affignments and conveyances to be paid out of fuch tolls refpectively, to any perfon or perfons who fhall advance or lend their money thereon, as a fecurity or fecurities for the several sums which shall be borrowed, and the intereft thereof, as aforefaid: and copies of all Affignments fuch affignments and conveyances fhall be entered in a book or to be entered books to be kept for that purpofe, by the clerk for the time bein a book. ing of the faid commiffioners; and all and every person and perAflignments may be tranf- fops, to whom fuch affignments fhall be made, ate hereby impowered from time to time, to affign and transfer their right and intereft by indorfement on the back of their fecurities, in like manner and form, as the securities for the monies borrowed on the rates and affeffments to be made and levied by virtue of this act, are above directed to be affigned and transferred; and all fuch affignments and transfers fhall be produced, notified, and entered, ir like manner as is above described, with refpect to the producing notification, and entry, of the affignments and transfers of the fecurities for fuch rates and affeffments; and it fhall not be in the power of any person who fhall have made any affignment or transfer of their fecurities on the faid tolls, to make void or difcharge the fame, or any money due thereon; and no perfon or perfons advancing any fums of money on the credit of the faid tolls, fhall be intitled to any preference with respect to the priority of advancing any fuck

ferred.

fum

fum or fums; but all perfons to whom any mortgages or af All creditors figments fhall be made as aforefaid, fhall be creditors in equal deem'd equal in degree. a degree one with another, in proportion to the fums therein

mentioned.

LXXXVI. And it is hereby further enacted, That all the Monies vefted monies to be raised by virtue of this act, shall be, and the fame in the mayor, are hereby vested in the faid mayor, and commonalty, and citi- &c. and applizens of the faid city; and fhall be applied to the purposes of ed to this act. this act, and to and for no other ufe or purpose whatsoever.

LXXXVII. Provided always, and it is hereby further enac- Charges of ed, That the charges and expences of procuring and paffing paffing this this act, fhall be paid out of the first monies which shall be raised act, how to be by virtue thereof paid.

LXXXVIII. Provided also, and it is hereby further enacted by Writings to the authority aforefaid, That no nomination, contract, bond, be without warrant, judgement, or other writing whatsoever, under the hand stamps. and feal, or hands and feals, of, or only figned by, any commiffioner or commiffioners conftituted by this act, or any juftice or justices of the peace, or exhibited before any of them, or under the hand and feal, or hands and feals of, or only figned by, any other person or perfons whatfoever, relating to the execution of this act, fhall be chargeable with any duty whatfoever.

LXXXIX. And it is hereby further enacted by the authority Penalties and aforefaid, That all penalties and forfeitures by this act impofed, forfeitures (the manner of recovering and levying whereof is not hereby how to be reotherwife particularly directed) fhall be recovered and levied by covered and diftrefs and fale of the offenders goods and chattles, by warrant applied. under the hand and feal, or hands and feals, of any one or more juftice or juftices of the peace of the city or place where the offence shall be committed, or the offender found; which warrant fuch justice or justices are hereby impowered and required to grant, upon the confeffion of the party or parties, or upon information of one or more credible witness or witnesses, upon oath (which oath fuch justice or juftices is and are hereby impowered to adminifter) and the penalties and forfeitures, when recovered, after rendering the overplus (if any be) upon demand, to the party or parties whofe goods and chattles fhall be fo diftrained and fold (the charges of fuch diftrefs and fale being firft deducted) fhall be paid to the chamberlain of the said city for the time being, and be applied the one half to the informer, and the other half towards the purposes of this act; and in cafe fufficient diftrefs fhall not be found, then it fhall and may be lawful to and for any fuch juftice or juftices, to commit fuch offender to any prifon of the city or place within his or their jurisdiction, without bail or mainprize, for any space of time not exceeding thirty days, nor lefs than ten days.

XC.And it is hereby further enacted, That no proceedings Proceedings to be had touching the conviction of any offender or offenders not to be against this act, or any order made, or other matter or thing quashed for to be done or tranfacted, in or relating to the execution of this want of form;

K 3

act,

nor removeable by Cer

tiorari.

Limitation of actions,

act, fhall be vacated or quafhed for want of form, or be removed by Certiorari, or any other writ or process whatsoever, into any of his Majefty's courts of record at Westminster; any law or ftatute to the contrary notwithstanding.

XCI. And it is hereby further enacted, That no action or fuit fhall be commenced against any perfon or perfons for any thing done in pursuance of this act, until twenty one clear days notice fhall be thereof given in writing to the clerk for the time being of the commiffioners conftituted by this act, or after fufficient fatisfaction or tender thereof hath been made to the party or parties aggrieved, or after fix calendar months next after the fact committed, for which fuch action or actions, fuit or fuits, fhall be fo brought; and every fuch action shall be brought, laid, and tried, in the city or county where the cause of action fhall arife, and not elsewhere; and that the defendant or defendants in fuch actions or fuits, and every of them, may plead General issue, the general iffue, and give this act, and the fpecial matter, in evidence at any trial or trials which fhall be had thereupon; and that the matter or thing for which fuch action or actions, fuit or fuits, fhall be fo brought, was done in pursuance and by the authority of this act and if the faid matter or thing (hall appear to have been so done, or if it fhall appear that fuch action or fuit was brought before twenty one clear days notice given as aforefaid, or that fufficient fatisfaction was made or tendered as aforefaid; or if any fuch action or fuit shall not be commenced within the time before for that purpose limited, or fhall be laid in any other county or place than as aforefaid; then the jury or juries fhall find for the defendant or defendants therein: and if the plaintiff or plaintiffs, in fuch action or actions, fuit or fuits, fhall become nonfuited, or fuffer a discontinuance of fuch action or actions; or if judgement fhall be given for the defendant or defendants therein; then, and in either of the cafes aforefaid, fuch defendant or defendants fhall have treble coûts, and fhall have fuch remedy for recovering the fame, as any defendant or defendants may have for his, her, or their cofts, in any other cafes by law.

Treble cofts.

XCII. And it is hereby further enacted and declared, That immediately after the feveral authorities, powers, and provifions, herein before given, granted, established, declared, and provided, fhall commence and take effect refpectively, for the purposes of paving, cleanfing, and enlightening, the faid city, and the liberties thereof, and the other purposes of this act, according to the tenor and true meaning thereof; fo much of the faid act made in the twenty fecond and twenty third years of the reign of the late King Charles the Second, and of the faid act made in fecond year of the reign of their late majesties King William and Queen Mary, as relates to the paving and cleanfing the ftreets in the faid city of London, and to the preventing of nuances & 10, 17, & and obstructions within the fame and fo much of the faid ac 33 Geo. 2. in made in the tenth year of the reign of his late majesty King part repealed. George the Second, as relates to the paving the faid treets;

Acts 22 & 23

Car. z.

2 Will. & Mar,

and