CAP. XLIII. An alt for explaining, amending, and further enforcing, the execution of two feveral acts, one made in the twenty fixth year of his late Majesty, and the other in the fifth year of bis prefent Majefty's reign, for the amendment and prefervation of the publick highways and turnpike roads of this kingdom; and for obliging mortgagees taking possession of toll-gates on turnpike roads, and toll-gatherers appointed by them, to account. WHE 2. C. 30. and 38. HEREAS by an act made in the twenty fixth year of his Preamble, relate Majefty, intituled, An act for the amendment and citing claufes prefervation of the publick highways and turnpike roads of this in act̃ 26 Geo, kingdom, and for the more effectual execution of the laws re- act 5 Geo. 3. lating thereto; it was, amongst other things, enacted, That from c. and after the twenty ninth day of September, one thousand seven bundred and fifty four, it should not be lawful for any waggon or wain whatsoever (other than and except as therein is excepted) to travel, pafs, or be drawn upon any turnpike road, unless the fellies of the wheels of every fuch waggon or wain respectively should be of the breadth or gauge of nine inches from fide to fide at the least, and that every owner or owners of fuch waggon and wain, driven, drawn, or conveyed, in or upon any turnpike road, contrary to the directions, tenor, or true meaning of the faid act, should, for every fuch offence, forfeit and pay the fum of five pounds, to be recovered and applied in fuch manner as the faid act directs, or otherwife, fhould forfeit and lofe one of the horses or beafts of draught drawing juch waggon, not being the shaft or thill horfe, together with all gears, bridles, halters, and accoutrements, to fuch horfe or beaft of draught respectively belonging, to the fole ufe and benefit of the perfon or persons who should feize or diftrain the fame; with a provifo, that nothing in the faid all should extend, or be conftrued to extend, to any waggon drawn by lefs than five horses or beafts of draught: and whereas, notwithflanding the directions in the faid act, several trustees or commissioners of turnpike roads, and feveral gate-keepers or toll-gatherers by them appointed, have permitted waggons and other four wheel carriages, having the fellies of the wheels thereof of a less breadth than nine inches, to be drawn and to pass on turnpike roads and through turnpike-gates or bars, with more than four horfes; be it therefore enacted by the King's most excellent majefty, by and with the advice and confent of the lords spiritual and temporal, and commons, in this present parliament affembled, and by the autho rity of the fame, That the truftees or commiffioners of every Commiffionturnpike-road, or any five or more of them, fhall, at their firft ers of turne meeting after the fifth day of July, one thoufand feven hundred pike roads are required, and fixty fix, give particular and exprefs orders and directions at their first in writing, to every toll-gatherer or gate-keeper on the refpec- meeting after tive roads under the care and direction of fuch trustees or com- 5 July, 1766, to give writmiffioners, that they do not permit or fuffer any waggon or ten orders to other the toll-ga inches broad, more than therers, not to other four wheel carriage, having the fellies of the wheels of permit wag- lefs breadth than nine inches, to be drawn on fuch turnpikegons or other roads; and that if any toll-gatherer or gate-keeper shall permit four wheel carriages, or fuffer any waggon or other four wheel carriage, having the with wheels fellies of the wheels thereof of lefs breadth than nine inches, less than 9 and drawn by more than four horfes, to be drawn or to pass and drawn by on any turnpike road within the view or with the knowledge of fuch gate-keeper or toll-gatherer, or to pafs through any horfes, to pafs, toll-gate or bar without feizing or diftraining one of the horses without feiz- drawing the fame, not being the fhaft or thill horfe, together ing one of the with all gears, bridles, halters, and accoutrements, to fuch horse refpectively belonging, and delivering the fame into the custody the fame to of the conftable or other parish officer; and applying to a the conftable, juftice or justices of the peace for his or their precept to fuch and apply to conftable or other parish officer, to deliver the fame to fuch the juftice for his precept for gate-keeper or toll-gatherer feizing or diftraining the fame, to delivering up and for his and their own ufe and benefit, in the manner the faid act directs; fhall forfeit and pay for every fuch offence the forfeits 40 s. to fum of forty fhillings; to be recovered in a fummary manner, the informer. before one juftice of the peace, to and for the use and benefit of the perfon or perfons who shall inform against such gate-keeper or toll-gatherer. horfes, &c. and deliver the fame; Particular carriages exempted. Clause in act II. Provided always, That nothing in this act, or the act herein before recited, fhall extend to any fuch waggon, or other four wheel carriage, laden with one block of marble or stone, or one piece of timber, or one piece of ordnance. III. And whereas by an act made in the fifth year of his prefent Majefty, intituled, An act to continue part of an act made in the thirtieth year of the reign of his late majesty King George the Second, intituled, An act to render more effectual the feveral laws now in being for the amendment and prefervation of the publick highways and turnpike roads of this kingdom; and for making further provifions for the preservation of the faid roads; it was, amongst other things enacted, That from and after the twenty fourth day of June, one thousand feven hundred and fixty five, the trustees appointed, or to be appointed, by any act of parliament passed, or to be paffed, for making, repairing, or amending, any turnpike road, or any perfon authorized and appointed by them, fhould, during the time aforefaid, permit and fuffer all waggons and wains, having the axle trees thereof of fuch different lengths, that the distance from wheel to wheel of one pair of the faid wheels be not more than four feet two inches, to be measured at the ground; and that the distance from wheel to wheel of the other pair thereof fhould be fuch, that the fore and hind wheels of fuch waggons and wains fhould roll a furface of, at least, fixteen inches wide on each fide of the faid waggons and wains; and having the fellies of the wheels thereof of the breadth of nine inches at the bottom or fole thereof; to pass upon any turnpike road, and through any toll-gate or bar, upon paying only so much of the tolls and duties as fhould not exceed one half of the full toll or duty payable, or by the faid at intended to be paid, for all waggons or wains having the fellies of the wheels of the breadth or gauge of the exemp nine inches from fide to fide, or for the horses or beaft of draught drawing the fame, and not rolling a furface of fixteen inches, in the manner herein before fet forth: and whereas it would be for the prefervation of turnpike reads, and for the conveniency of passengers travelling thereon in coaches and carriages, or on horfeback, if the diftance from wheel to wheel, of either pair of the wheels of any broad wheeled waggons or wains, should not be more than four feet two inches; and that the diftance from wheel to wheel of the other pair thereof, fhould be fuch, that the fore and bind wheels of fuch waggons and wains should roll only one fingle furface or path, on either fide of fuch waggons and wains, of fixteen inches wide; be it After 5 July, further enacted by the authority aforefaid, That no perfons 1766, fuch paffing upon any turnpike road, or through any toll-gate carriages only or bar thereon, with any waggons or wains, fhall be al- are intitied to lowed the benefit or exemption herein before recited, except tions granted = fuch waggons or wains fhall have the axle trees of fuch differ- by the recited ent lengths, that the distance from wheel to wheel, of either act, as fhall =pair of the faid wheels, be not more than four feet two inches, itance and felto be measured at the ground; and that the distance from wheel lies of their to wheel of the other pair thereof, fhall be fuch, that the fore wheels made and hind wheels of fuch waggons and wains fhall roll only one conformable fingle furface or path of fixteen inches wide, at the leaft, tions here fet to the regulaon each fide of fuch waggons and wains; and no perfons down. driving any waggons or wains which fhall roll two different or feparate furfaces or paths, or both or either fide of fuch waggons or wains, although the fellies of the wheels thereof shall be of the breadth of nine inches, fhall, after the fifth day of July, one thousand seven hundred and fixty fix, be allowed the faid benefit or exemption; any thing in the faid act to the contrary notwithstanding. have the di act. IV. And whereas provifion was made in the faid act, that no per- Recital of fon should make, or caufe to be made, any hedge or other fence on any another claufe turnpike road, not inclofed on both fides, within the distance of thirty in the faid feet; or bould plough or break up the foil of any land or ground within the diflance of fifteen feet from the middle or center of any turnpike road; and if any perfon should plough or break up the foil of any land or ground within the diftance of fifteen feet from the middle or center of any turnpike road, fuch perfon should forfeit the fum of forty fillings; but no penalty was laid on fuch perfon as fhould make, or caufe to be made, fuch hedge or fence as aforefaid, ether than the expence of taking down the fame; and it was not declared or directed thereby how the penalty laid on fuch perfons fo ploughing or breaking up the foil as aforefaid, when recovered, should be applied, or to whom the fame should be paid; by reafon whereof the faid provifions have not been effectual for the purposes thereby intended; be it therefore further enacted by the authority afore- The penalty faid, That from and after the paffing of this act, if any perfon of 40s. on fhall make, or caufe to be made, any hedge or other fence on perions make or near any turnpike road, not inclofed on both fides, within ing any hedge the distance of thirty feet from the middle or center of such any turnpike ŝurnpike road, fuch person (befides being liable to have the road, not infame closed on both or fence on fides, within fame taken down, as by the faid act is directed) fhall forfeit the 30 feet di- fum of forty fhillings, to be recovered in the fame manner as fance of the in the faid act is directed, with respect to the penalty thereby center of the inflicted on perfons fo ploughing or breaking up the foil as road, and on perfons aforefaid; and also that the faid penalties, and each of them, ploughing or when recovered, shall be applied, paid, and belong, to the perbreaking up fon or perfons refpectively upon whofe information such penalthe ground within 15 feet ties, or either of them, fhall be recovered. of the center of the road, how to be recovered and applied. V. And whereas it hath happened, or may happen, that mortgagees of the tolls or duties already granted, or that may be hereafter granted, by any act of parliament made or to be made for the making any turnpike road, have taken or may take poffeffion of the toll-gates or bars, with an intent to repay themselves the monies lent on, or advanced for, the use of fuch roads by fuch mortgagees: and whereas there is not, at prefent, any proper and Speedy means of bringing fuch mortgagees to account for the monies they have reMortgagees ceived, or may receive, at fuch toll-gates or bars; be it therefore in poffeffion of enacted by the authority aforefaid, That all and every mortgaany toll-gates, are to account gee and mortgagees that hath taken or been in poffeffion of upon oath to any toll-gate or bar fet up or erected on any turnpike road, the trustees fhall, after the fifth day of July, one thousand seven hundred within 14 days and fixty fix, within fourteen days after he, she, or they, after receiving notice from fhall have received notice in writing from the trustees or comthem for the miffioners of fuch turnpike road, or any five of them, render purpose; upon oath, to be administered and taken by and before one juftice of the peace, or any one truftee or commiffioner of fuch turnpike road (which oath fuch justice, trustee, or commiffioner, is hereby authorized and impowered to administer) a true and exact account in writing to fuch trustees or commiffioners, or to any perfon appointed by them, or any five of them, to be named in fuch notice, of all monies received by fuch mortgagee or mortgagees, or by any other person or perfons, for his, her, or their use and benefit, or by his, her, or their authority, at fuch toll-gate or bar, and of what he, she, or they, have expended in keeping the fame; and that all and every mortgagee and mortgagees of such tolls, taking or being in the poffeffion of any toll-gate or bar after the faid fifth day of July, one thousand seven hundred and fixty fix, shall, within fourteen days after fuch notice in writing from fuch trustees or commiffioners, or any five of them, render a like account, upon oath, to be fworn before one juftice of the peace, or one trustee or commiffioner of fuch turnpike road, in writing (which oath fuch justice, trustee, or commiffioner, is hereby authorized and impowered to adminifter) to such trustees or commiflioners, or to any person appointed by them, or any five of them, to be named in fuch notice, of all monies by them received, or by any person or perfons for their ufe or benefit, or by his, her, or their authority, at fuch toll-gate or bar, not before accounted for, and of the fum or fums he, she, or they, have expended in keeping the fame; and in cafe he, she, or they, = in either cafe respectively, fhall neglect to render fuch account when required, in the manner herein directed, he, the, or they, fhall feverally forfeit and pay to the faid truftees or com- on forfeiture miffioners, for every refufal, neglect, or omiffion to render of 51. fuch account, the fum of five pounds; to be recovered by to be recoverthe faid truftees or commiffioners, or any five or more of ed in a fumthem, or by the treasurer or clerk to fuch trustees or com- mary way, miffioners, in a fummary manner, before one justice of the and applied to peace; and, when recovered, thall be applied to the ufe of the ufe of the the refpective road or roads whereon fuch toll-gate or bar fhall road. be placed. The gate 5 trustees, for VI. And be it further enacted by the authority aforesaid, That the gate-keeper or toll-gatherer of every fuch toll-gate or bar fhall, when required by notice in writing from the keeper alfo is faid trustees or commiffioners, or any five or more of them, to account uprender upon oath, to be administered by and taken before on oath, when any one juftice of the peace, truftee or commiffioner of fuch required by turnpike road (which oath fuch juftice, trustee, or commif- orice from fioner, is hereby authorized and impowered to adminifter) a mes re true and exact account in writing to the faid trustees or com- ceived not bemiffioners, or to any perfon to be named in fuch notice ap- fore accountpointed by them, or any five of them, of all monies received ed for, by him, her, or them, at fuch toll-gate or bar, not before on penalty of accounted for, under the penalty of twenty fhillings for every 20. fuch offence or neglect; to be recovered in a fummary man- to be recoverner before any one juftice of the peace, and applied to the ed in a fumufe of the respective road on which fuch toll-gate fhall be mary way, and applied to placed. the use of VII. Provided always, That fuch gate keeper or toll-gatherer the road; shall not hereby be obliged to account oftener than once in every but is not fourteen days. S. Mortgagee obliged to acVIII. And be it further enacted by the authority aforefaid, count oftener That if any fuch mortgagee or mortgagees fhall keep poffeffion than once a fortnight. of any toll-gate or bar by him, her, or themselves, or by any other perfon or perfons on his, her, or their behalf, and receive keeping pofthe tolls or duties thereat, after fuch mortgagee or mortgagees feffion after = fhall have received the full fum or fums of money due on their receiving his refpective mortgage or mortgages, and the intereft thereof; fuch debt with intereft, mortgagee or mortgagees fhall forfeit and pay, as a penalty, to the furplus the said trustees or commiffioners, double the fum or fums of forfeits double money he, she, or they, fhall have received over and above the fum or fums of money due on fuch mortgage or mortgages, ceived, and and the intereft thereof, with treble cofts of fuit; to be reco- intereft, with vered by the faid trustees or commiffioners, or by the treafurer treble cofts or clerk to fuch trustees or commiflioners, by action of debt, bill, plaint, or information, in any of his Majesty's courts of record at Westminster, and when recovered fhall be applied to the use of the refpective road or roads on which fuch tollgate or bar fhall be placed. IX. And whereas by feveral acts of parliament for the amendment king money re. of fuit. |