refpectively, as aforefaid; and if no fufficient diftrefs can be had, and for want to commit fuch offender or offenders, or perfon or perfons liable of distress, as aforefaid, to the common gaol or houfe of correction of fuch committed. county, riding, divifion, or place, for the time and in manner aforefaid. offender to be LII. Provided always, and be it enacted, That whatever pe- Penalties or nalty or forfeiture fhall be levied or recovered on the information forfeitures of the furveyor of any turnpike road, or of any toll-gatherer, or recovered on other perfon employed by the commiffioners or trustees appoint- information ed for repairing the roads, and receiving falaries or rewards for of a furveyor or collector, their fervices, fhall go and be applied to the amending of the faid &c. turnpike roads refpectively, and to no other use or purpose what- to be applied ever; any thing in this or any other act to the contrary not- to the repair withstanding. of the roads. turnpike LIII. And be it enacted, That every profecutor or informer Profecutors or may, at his election, fue for and recover any forfeiture or pe- informers at nalty imposed by this or any other act or acts of parliament liberty to sue, made, or to be made, for erecting turnpikes, or for repairing either as the and amending turnpike roads, in the fame manner as fuch for refpective feitures and penalties are feverally and refpectively directed to be acts direct; fued for and recovered, or by action at law, to be brought by or, in the fuch informer or profecutor in any of his Majefty's courts of re- courts of record in manner following (that is to fay) where any perfon fhall cord, by acbe liable to fuch pecuniary penalty, it fhall and may be lawful tion of debt, to fue for and recover the fame by action of debt; in which it fhall be fufficient to declare, that the defendant is indebted to the plaintiff in the fum of or of trover and recover being forfeited by an act paffed in the feventh year of the reign of his prefent Majefty, intituled, An act to explain, amend, and reduce into one act of parliament, the general laws now in being for regulating the turnpike roads of this kingdom, and for other purposes therein mentioned; and where the penalty or forfeiture is or shall be of any horfe or beast of draught, or other goods, by an action of trover against the perfon liable to fuch penalty or forfeiture, in which the faid forfeiture fhall be fufficient evidence of property to the plaintiff; and in which the value of fuch horse, beast of draught, or other goods, as is or are liable to the forfeiture, fhall be given in damages, without any proof of feizure or demand; and the plaintiff, if he recover in any fuch ing, are inaction, fhall have full cofts: provided that there fhall not be titled to full more than one recovery for the fame offence; and that ten days cofts. notice, in writing, be given to the party offending, previous to No more than the commencement of fuch action; and that the fame be brought for the fame and commenced within one calendar month after the offence, offence; for which fuch action is brought, fhall have been committed. and notice alfo to be given to the party; and action brought within a certain time. LIV. And be it further enacted, That where any distress Diftrefs for shall be made for any fum or fums of money to be levied by vir- money not tue of this act, the diftrefs itself fhall not be deemed unlawful, deemed unnor the party or parties making the fame be deemed a trefpaffer lawful, &c. or trefpaffers, on account of any default or want of form in any form in the proceedings proceedings; one recovery for default of making it, a trefpaffer, ab initio, on ac nor the party proceedings relating thereto; nor fhall the party or parties diftraining be deemed a trefpaffer or trefpaffers ab initio, on account of any irregularity which fhall be afterwards done by the party or parties diftraining; but the perfon or perfons aggrieved by fuch irregularity, may recover full fatisfaction for the special irregularity. damage in an action on the cafe. count of any fubfequent Plaintiff in any action for irregula rity, &c. not to recover, fore action money into court before iffue joined. trustees, may LV. Provided always, That no plaintiff or plaintiffs fhall recover in any action for any fuch irregularity, trespass, or wrongful proceedings, if tender of fufficient amends fhall be made by or on the behalf of the party or parties who fhall have comwhere tender mitted, or caufed to be committed, any fuch irregularity, trefof amends has pafs, or wrongful proceedings, before fuch action brought: and been made be- in cafe no fuch tender fhall have been made, it shall and may be lawful for the defendants in any fuch action, by leave of the brought. Defendant al court where fuch action fhall depend, at any time before iffue lowed to pay joined, to pay into court such sum of money as he or they shall fee fit; whereupon fuch proceedings, or orders and judgements, fhall be had, made, and given, in and by fuch court, as in other actions where the defendant is allowed to pay money into court. Perfons agLVI. Provided alfo, and be it further enacted, That if grieved by the any perfon fhall think himseif or herself aggrieved by any thing order of any done by any juftice or juftices of the peace, commiffioners, or justices or trustees, in pursuance of this act, and for which no particular appeal (where method of relief hath been already appointed; fuch perfon may not otherwife appeal to the justices of the peace at any general quarter festions directed) to of the peace to be held for the county, riding, divifion, or place, the general wherein the caufe of fuch complaint fhall arife, within fix months quarter felfions. after the cause of fuch complaint fhall have arifen; fuch appellant firft giving, or caufing to be given, to fuch justice, commiffioners, or trustees, by whofe act or acts fuch perfon fhail think himself or herself aggrieved, eight days notice at the leat in writing of his or her intention to bring fuch appeal, and of and recog the matter thereof; and within four days after fuch notice, ennizance to be tering into recognizance before some juftice of the peace for the entered into. faid county, riding, divifion, or place, with one fufficient furety, conditioned to try fuch appeal at, and abide the order of, and pay fuch cofts as fhall be awarded by, the juftices of fuch quarter fethion; and every juftice of the peace, and the commiftoners or trustees, having received notice of fuch appeal as aforefaid, fhall return all proceedings whatever had before them refpectively, touching the matter of fuch appeal, to the faid jui tices at their general quarter feffions aforefaid, on pain of for feiting five pounds for every fuch neglect; and the faid juftices Court to de- at fuch feffion, upon due proof of fuch notice being given as aforefaid, and of the entering into fuch recognizance, thall hea: and finally determine the caules and matters of such appeal in a fummary way, and award fuch cofts to the parties appealing of appealed against as they, the faid juftices, thall think proper: to be levied and recovered as herein before directed; and the determination of fuch quarter feffions fhall be final and conclsfive to all intents and purposes; and that no proceeding to be Due notice to be given of intention to appeal; Proceedings had in the cafe, to be re turned into the court, on matter in a fummary way, and award proper cofts: Their deter mination to be final. had or taken in pursuance of this act fhall be quafhed or vacated Proceeding for want of form, or removed by Certiorari, or any other writ not removeor process whatsoever, into any of his Majefty's courts of re-able by Cercord at Westminster; any law or ftatute to the contrary notwithftanding. tiorari, &c. Notice of ap LVII. Provided, That no fuch appeal shall be made against Where apany conviction, for the forfeiture of any horfe or other beaft by peal is made virtue of this act, unless the perfon convicted fhall, at the time against the conviction for of fuch conviction, give notice of his or her intention to appeal; the forfeiture and at the fame time enter into recognizance, with fufficient of any horfe, fureties, to pay the value of fuch horfe or other beaft, in cafe &c. fuch conviction fhall be affirmed upon fuch appeal; and upon peal is to be a his or her giving fuch fecurity, fuch horfe or other beaft fhall peal is to be given at the be forthwith delivered to fuch person. time of conviction, and recognizance, with fureties, entered into; and horfe to be there upon returned. LVIII. And be it enacted, That where any oath is hereby Oaths to be required and directed to be made or taken, the juftices of the administered by juftices, or peace of any county, riding, divifion, or place, or the trustees or commiffioners of any turnpike road, as the cafe may be, and according to the feveral jurifdictions herein given to them refpectively as aforefaid, fhall, and they are hereby respectively impowered to adminifter the fame.. trustees. LIX. And be it further enacted, That this act, and the fe- Commenceveral powers, provifions, regulations, clauses, and matters there- ment of this in contained, thall commence and take effect on the twenty ninth day of September next enfuing. act. LX. And be it further enacted, That if any action or fuit Limitation of fhall be commenced against any perfon or perfons for any thing actions. done or acted in pursuance of this act, then, and in every such cafe, fuch action or fuit fhall be commenced or prosecuted within three calendar months after the fact committed, and not afterwards; and the fame, and every such action or fuit, fhall be brought in the county, riding, divifion, or place, where the perfon against whom fuch action or fuit fhall be commenced doth ordinarily inhabit and refide, or in the county, riding, divifion, or place, where the fact was committed, and not elsewhere; and the defendant or defendants, in every fuch action or fuit, fhall and may plead the general iffue, and give this act, and the fpe- General iffue, cial matter, in evidence, at any trial to be had thereupon, and that the fame was done in pursuance and by the authority of this act and if the fame fhall appear to have been so done, or if any fuch action or fuit fhall be brought after the time limited for bringing the fame, or be brought and laid in any other county, riding, divifion, or place, than as afore-mentioned, then the jury fhall find for the defendant or defendants; or if the plaintiff or plaintiffs fhall become nonfuit, or difcontinue his, her, or their action, after the defendant or defendants fhall have appeared; or if, upon demurrer, judgement fhall be given against the plaintiff or plaintiffs, the defendant or defendants hall and may recover treble cofts, and have the like remedy for Treble coft s recovery thereof, as any defendant or defendants hath or have any other cafes by law. VOL. XXVII. Repeal of fo much of the feveral acts following, as relate to turnpikes; Viz. act 1 Geo. 2; 5 Geo. 2; 8 Geo. 2; 34 Geo. 2; LXI. And be it further enacted, That from and after the twenty eighth day of September next, fo much of an act made in the first year of the reign of his late majesty King George the Second (intituled, An act for punishing fuch perfons as fball wil fully and maliciously pull down or destroy turnpikes for repairing highways; or locks, or other works erected by authority of parliament, for making rivers navigable) as relates to turnpikes; as alfo fo much of an act paffed in the fifth year of his late majesty King George the Second (intituled, An act to explain, amend, and render more effectual, an act paffed in the first year of his prefent Majesty's reign, intituled, An act for punishing fuch perfons as fhall wilfully and maliciously pull down or destroy turnpikes for repairing highways; or locks, or other works erected by authority of parlia ment, for making rivers navigable) as relates to turnpikes; as alfo fo much of an act paffed in the eighth year of his late majefty King George the Second (intituled, An att for rendering the laws more effectual for punishing such persons as shall wilfully and maliciously pull down or destroy turnpikes for repairing highways; er locks, or other works erected by act of parliament, for making rivers navigable; and for other purposes therein mentioned) as relates to turnpikes; as alfo fo much of an act paffed in the fourteenth year of his late majefty King George the Second (intituled, Ar act for the prefervation of the publick roads in that part of Great Britain called England, as relates to the turnpike roads of this kingdom; as also an act paffed in the twenty firft year of his late majefty King George the Second (intituled, An act to explain and amend an act paffed in the fourteenth year of his Majefty's reign, intituled, An act for the prefervation of the publick roads in that part of Great Britain called England); and fo much of an act paffed in the third year of the reign of King William and Queen 3 Will.&Mary, Mary (intituled, An act for the better repairing and amending the except what highways, and for fettling the rates of the carriage of goods, as relates relates to the to the fettling the rates of the carriage of goods) except fo much rate for car- thereof as relates to the rate or price for carriage of goods; as riage of goods; also an act paffed in the twenty fourth year of his late majefty King George the Second (intituled, An att for the more effectual except what prefervation of the turnpike roads in that part of Great Britain called relates to the England; and for the difpofition of penalties given by acts of parlispreventing mifchiet occa- ment relating to the highways in that part of Great Britain called fioued by England, and for enforcing the recovery thereof; and for the mort drivers riding effectual preventing of mischief occafioned by the drivers riding upon carts, drays, carrs, and waggons, in the city of London, and within ten miles thereof) except fo much thereof as relates to the preventing mifchief occafioned by the drivers riding upon carts, drays, carrs, and waggons, in the city of London; as alfo another act paffed in the twenty fixth year of the reign of his late majefty King George the Second (intituled, An act for the amend ment and prefervation of the public highways and turnpike roads of this kingdom, and for the more effectual execution of the laws relating thereto) as alfo an act paffed in the twenty eighth year of his late majesty King George the Second (intituled, An act to amend an 21 Geo. 2; 24 Geo. 2. upon carts, &c.\nLondon; 26 Geo. 2; 28 Geo. 2, except fo act made in the twenty fixth year of the reign of his prefent Majesty, much thereof intituled, An act for the amendment and prefervation of the as continues the turnpike publick highways and turnpike roads of this kingdom, and for acts, &c. the more effectual execution of the laws relating thereto) except fo much thereof as continues the acts then made for repairing and amending turnpike roads, fubject to the tolls and duties by fuch acts refpectively granted; as also an act paffed in the thirtieth year of his late majefty King George the Second (intituled, An act for enlarging the times for the first meetings of commiffioners 30 Geo. 2; or trustees, for putting in execution certain acts of this feffion of parliament) and also another act paffed in the thirtieth year of his faid late majesty King George the Second (intituled, An act to 30 Geo. 2 ; render more effectual the feveral laws now in being, for the amendment and prefervation of the public highways and turnpike roads of this kingdom) as alfo an act paffed in the thirty first year of his late majesty King George the Second (intituled, An act for enlarging 31 Geo. 2j the times for the first meetings of commiffioners or trustees, for putting in execution certain acts of this feffions of parliament, and for other purposes therein mentioned) as alfo an act paffed in the fifth year of the reign of his prefent Majefty (intituled, An act to continue 5 Geo. 3; 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 public highways and turnpike roads of this kingdom, and for making further provifions for the preservation of the faid roads) as alfo an act paffed in the fixth year of his prefent majefty (intituled, An act for explaining, amending, and and 6 Geo. 3 further enforcing, the execution of two feveral acts, one made in the twenty fixth year of his late Majefty, and the other in the fifth year of his prefent Majefty's reign, for the amendment and prefervation of the public highways and turnpike roads of this kingdom; and for obliging mortgagees taking poffeffion of toll-gates on turnpike roads, and toll-gatherers appointed by them, to account) fhall be, and the fame are hereby repealed. CAP. XLI. An alt to enable his Majefty to put the customs, and other duties, in the British dominions in America, and the execution of the laws relating to trade there, under the management of commiffioners to be appointed for that purpose, and to be refident in the faid dominions. HEREAS in pursuance of an act of parliament made in the Preamble, re twenty fifth year of the reign of King Charles the Second, citing act 25 intituled, An act for the encouragement of the Greenland and Car. 2. Eaftland trades, and for the better fecuring the plantation trade, the rates and duties impofed by that, and several subsequent acts of parliament, upon various goods imported into, or exported from, the British colonies and plantations in America, have been put under the management of the commiffioners of the cuftoms in England for the Gg 2 time |