n or perfons liable or ordered to pay the fame refpectively, fhall and where he ve out of the jurisdiction of the juftice or juftices hereby au- fhall live out orized to grant fuch warrant; it fhall and may be lawful for diction of the of the jurifny juftice of the peace of the county, riding, divifion, or place, juftice authoherein fuch perfon fhall inhabit; and every fuch juftice is here- rized to grant y required, upon request to him for that purpofe made, and fuch warrant, the justice of pon a true copy of the conviction whereby fuch forfeiture or the place, upenalty was incurred, or of the order for the payment of fuch on applicaofts or charges produced and proved by a credible witness upon tion, and coath, by warrant under his hand and feal, to cause the penalty Py of the conr forfeiture mentioned in fuch conviction, or the cofts or charges der produced, viction or orentioned in fuch order, to be levied by distress and fale of the hall iffue his oods and chattles of fuch offender or offenders, or perfon or warrant acerfons liable or ordered to pay the fame respectively, as afore- cordingly, &c. id; and if no fufficient diftress can be had, to commit fuch ofender or offenders, or perfon or perfons liable as aforefaid, to he common gaol or house of correction of fuch county, riding, ivifion, or place, for the time and in manner aforefaid. one; XLVIII. "And be it further enacted, That every prosecutor or Penalties or former may, at his election, fue for and recover any forfeiture forfeitures r penalty imposed by this act, either in the manner herein be- may be fued ore directed, or by action at law, to be brought by fuch infor- for by the profecutor or ner or prosecutor in any of his Majefty's courts of record in informer, einanner following; (that is to fay) where any perfon fhall be ther in manable to fuch pecuniary penalty, it fhall and may be lawful to ner before directed, ue for and recover the fame by action of debt; in which it shall or by action be fufficient to declare, that the defendant is indebted to the of debt, where laintiff in the fum of being forfeited the penalty is by an act paffed in the feventh year of the reign of his present a pecuniary Majefty, intituled, An act to explain, amend, and reduce into one et of parliament, the feveral ftatutes now in being for the amendnent and prefervation of the public highways of this kingdom; and or other purposes therein mentioned; and where the penalty or foror by action eiture is or fhall be of any horfe or other goods, by an action of trover, of trover against the perfon liable to fuch penalty or forfeiture, where the pen which the forfeiture fhall be fufficient evidence of property to nalty or for. the plaintiff; and in which the value of fuch horfe or other horfe, or goods, as is or are liable to the forfeiture, fhall be given in da- other goods; mages, without any proof of feizure or demand; and the plain- and recovertiff, if he recover in any fuch action, shall have double costs: ing, is intitled provided that there shall not be more than one recovery for the to double fame offence; and that ten days notice, in writing, be given to he party offending, previous to the commencement of fuch action; and that the fame be brought and commenced within one calendar month after the offence, for which fuch action is brought, fhall have been committed. feiture is a cofts. XLIX. Provided always, and be it further enacted, That No conviction no conviction fhall be had or made by virtue of this act, unless to be had, but upon confeffion of the party accused, or upon the oath of one upon conor more credible witness or witnesses; and that any inhabitant feflion of the of any parish, township, or place, in which any offence fhall be oath of a party, or committed witness. Inhabitants committed contrary to this act, fhall be deemed a compete deemed com- witnefs, notwithstanding his or her being an inhabitant of fuc petent witparish, township, or place. neffes. Juftices im tion of this act. Distress for money not deemed unJawful, &c. L. And be it further enacted, That it fhall and may powered to lawful for any justice or justices of the peace to adminifter: adminifter oath to any witnefs or witneffes, or other perfon or perfons, oaths, in all cafes relative the better discovery and execution of the several matters or thin to the execu- herein before authorized or directed to be examined, inquira into, or performed, by fuch justice or juftices refpectively. LI. And be it further enacted, That where any dif shall be made for any fum or fums of money to be levied by v tue of this act, the distress itself fhall not be deemed unlaw nor the party or parties making the fame be deemed a trespa for default of or trespaffers, on account of any default or want of form in proceedings; proceedings relating thereto; nor fhall the party or parties é nor the party ftraining be deemed a trefpaffer or trefpaffers ab initio, on a making it a count of any irregularity which fhall be afterwards done by th trefpaffer ab party or parties diftraining; but the perfon or perfons aggrieve by fuch irregularity, may recover full fatisfaction for the fpec damage in an action on the cafe. form in the initio, on account of any fubfequent irregularity. Plaintiff in any action for irregularity, &c. not to recover, where tender money into no other me LII. Provided always, That no plaintiff or plaintiffs fhall cover in any action for any irregularity, trefpafs, or wrong proceedings, if tender of fufficient amends fhall be made br on the behalf of the party or parties who shall have commite! or caused to be committed, any fuch irregularity, trefpaís, e wrongful proceedings, before fuch action brought: and in car of amends has no fuch tender shall have been made, it shall and may be law been made before action for the defendants in any fuch action, by leave of the co brought. where such action fhall depend, at any time before iffue join Defendant al- to pay into court fuch fum of money as he or they fhall fee tr lowed to pay whereupon fuch proceedings, or orders and judgement, f court before be had, made, and given, in and by fuch court, as in other iffue joined. tions where the defendant is allowed to pay money into court. Perfons agLIII. Provided also, and be it further enacted, That if = grieved, where perfon fhall think himself or herself aggrieved by any thing don thod of relief in pursuance of this act, and for which no particular method is appointed, relief hath been already appointed; or if any person fhall, at or injured by time hereafter, think himself or herself injured by the inclof the inclofing of any common highway, after a writ of ad quod damnum iffe any common and inquifition thereupon taken; then, in any of the faid cais highway, may appeal to the every fuch perfon may appeal to the juftices of the peace at 2 general quar- general quarter feffions of the peace to be held for the count ter feffions; riding, divifion, city, corporation, precinct, or liberty, where the cause of such complaint fhall arife, and within four mont after the cause of fuch complaint fhall have arifen, or after th inclofing of fuch common highway as aforefaid; fuch appeller giving notice giving, or caufing to be given, eight days notice at the leat writing of his or her intention to bring fuch appeal, and of t tention, matter thereof, to the justice or other person or perfons agai and entering whom fuch complaint shall be made; and, within four days 2-1 into recogni- ter fuch notice, entering into recognizance before fome ju of fuch in zance, &c. the peace for the faid county, riding, divifion, city, corpora- r any conviction for LIV. Provided, That no fuch appeal fhall be made against any Where aponviction, for the forfeiture of any horfe or other beaft by vir- peal is made le of this act, unless the perfon convicted fhall, at the time of against the ich conviction, give notice of his or her intention to appeal; the forfeiture nd at the fame time enter into recognizance, with fufficient of any horfe, reties, to pay the value of fuch horfe or other beaft, in cafe &c. ich conviction shall be affirmed upon fuch appeal; and upon Notice of ap is or her giving fuch fecurity, fuch horfe or other beaft fhall be peal is to be orthwith delivered to fuch perfon. given at the time of coniction, and recognizance, with fureties, entered into; and horfe to be thereupon eturned. LV. And be it further enacted, That if any action or fuit Limitation of hall be commenced against any person or perfons for any thing actions. one or acted in pursuance of this act, then, and in every fuch afe, fuch action or fuit fhall be commenced or profecuted within hree calendar months after the fact committed, and not afterwards; and the fame, and every fuch action or fuit, fhall be brought in the county, riding, divifion, city, corporation, preinct, or liberty, where the perfon against whom fuch action or uit fhall be commenced doth ordinarily inhabit and refide, or in which the fact was committed, and not elsewhere; and the lefendant or defendants, in every fuch action or fuit, fhall and nay plead the general iffue, and give this act and the special General iffue, natter in evidence at any trial to be had thereupon, and that he fame was done in purfuance and by the authority of this prefent act: and if the fame fhall appear to have been fo 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, city, corporation, precinct, or liberty, than as afore-mentioned, then the jury fhall find for the defendant or defendants; or, if the plaintiff or plaintiffs fhall become nonfuit, or discontinue 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 Treble cofts. defendant or defendants fhall and may recover treble costs, and have the like remedy for recovery thereof, as any defendant or defendants hath or have in any other cafes by law. Commence act. Repeal of act 13 Edw. 1; 8; 26 Hen. 8; 5 Eliz. 18 Eliz. 27 Eliz. LVI. And be it further enacted, That this act, and every ment of this claufe, provifion, and regulation, herein contained, fhall commence and take effect on the twenty first day of September next. LVII. And, to the intent that there may be only one law fubfting for the feveral purposes aforesaid, be it further enacted and declared, That from and after the twenty first day of September next following, an act paffed in the thirteenth year of the reign of King Edward the First, ascertaining the breadth of highways lead14&15 Hen. ing from one market town to another; as also an act paffed in the fourteenth and fifteenth of King Henry the Eighth, for altering of highways in the Weld of Kent; as alío an act or bill patled in the twenty fixth of King Henry the Eighth, intituled, The bil 2 & 3 Phil. & for the highways in the county of Suffex; as alfo an act paffed in Mary; the fecond and third of King Philip and Queen Mary, intituled, The ftatute for the mending of highways; as also an act passed in the fifth of Queen Elizabeth, intituled, An act for the continuana of the ftatute made fecond and third Philip and Mary, for the amend ment of highways; as alfo an act paffed in the eighteenth of Queen Elizabeth, intituled, An act of addition unto the former alts fa amending and repairing of highways; as also an act passed in the twenty leventh of Queen Elizabeth, intituled, An act for explaining of the ftatute for the amending of the highways between Middleton and the King's Ferry leading into the ifle of Sheppey in the county of Kent; as alfo an act paffed in the thirty ninth of Queen Elizabeth, intituled, An act for the amendment of highways in Suffex, Surry, and Kent; as alfo fo much of an act palled in the twenty fecond of King Charles the Second, (intituled, An addilates to high- tional act for the better repairing of highways and bridges) as relates to the highways; as alfo fo much of an act paffed in the fecond of King William and Queen Mary (intituled, An act for paving and cleansing the streets in the cities of London and Westminster, and fuburbs and liberties thereof, and out parishes in the county of Middlesex and in the borough of Southwark, and other places withis the weekly bills of mortality in the county of Surry, and for regulating ments for re- the markets therein mentioned) as relates to the power therein pairing the given to make affeffments for the purpose of repairing the highhighways; and fo much ways; as alfo fo much of an act paffed in the third year of King of act 3 Will. William and Queen Mary, (intituled, An act for the better re& Mary, as re- pairing and amending the highways, and for fettling the rates of carlates to high- riage of goods) as relates to the highways; as also an act paffed in the feventh and eighth of King William the Third, intituled, An act for the better amending and repairing the highways, and ex8 & 9 Will. 3; planation of the laws relating thereunto; as alfo an act paffed in the 39 Eliz. and fo much of act 22 Car. 2, as re ways; and fo muchof act 2 Will. & Mary, as relates to the power of making affeff. ways; A&t 7 & 8 Will. 3; 9 eighth and ninth of King William the Third, intituled, An act for enlarging common highways; as alfo an act paffed in the fixth 6 Annæ. of Queen Anne, intituled, An act to repeal a claufe in an act of the feventh year of the reign of his late Majefty, for amending and I repairing the highways; which enjoins waggoners and others to draw with a pole between the wheel horfes, or with double 1 fhafts, and to oblige them to draw only with fix horfes or other beafts, except up hills; as alfo an act of the ninth of Queen Annæ. Anne, intituled, An act to render more effectual an aƐt made in the fixth year of her prefent Majefty, intituled, An act to repeal a claufe in an act of the seventh year of the reign of his late Majefty for amending highways, which enjoins waggoners and others to draw with a pole between the wheel horses, or with double fhafts, and to oblige them to draw only with fix horfes or other beafts, except up hills; as alfo an act paffed in the 1 Geo. 1. We first year of King George the First, intituled, An act to restrain #all waggoners, carriers, and others, from drawing any carriage with Geo. 2. as ex. more than five horfes in length; as also another act paffed 1 Geo. 1. in the first year of King George the First, intituled, An act for making the laws for repairing the highways more effectual; as alfo an 5 Geo, 1. act paffed in the fifth year of George the Firft, intituled, An act for making more effectual the feveral acts passed for repairing and amend ing the highways of this kingdom; as alfo an act paffed in the 7 Geo. 2. feventh year of his late majefty King George the Second, intituled, An act to explain and make more effectual the laws in being to oblige the poffeffors of lands adjacent to common highways, to cut and keep fuch low hedges as are adjoining to the faid highways; as alfo and fo much fo much of an act paffed in the ninth year of the reign of his of act 9 late majefty King George the Second, intituled, An act for re- tends the viving and continuing the acts therein mentioned, and for explaining claufe in act and amending a clause in an act made in the first year of the reign 1 Geo. 1. to of his late majesty King George the First, intituled, An act for market towns; making the laws for repairing the highways more effectual; relating to the appointing scavengers in cities and market towns, and the ordering the affeffments for the repairing and cleanfing the streets therein, as extends the claufe in the faid act, made in the first year of King George the First, unto market towns; as alfo fo much of an act paffed in the fourteenth year of King and so much of George the Second, intituled, An att for the prefervation of the act 14 Geo. 2. bublick roads in that part of Great Britain called England, as as relates to the highways relates to the highways of this kingdom, not being turnpike not being oads; as alfo an act paffed in the fifteenth year of King George turnpike the Second, intituled, An act to repeal fo much of an act paffed roads; in the last feffions of parliament, intituled, An act for the prefer- Act 15 Geo. 2, vation of the publick roads in that part of Great Britain called England, as obliges perfons, not travelling for hire, to make afe of waggons with wheels bound with ftreaks or tire of a ertain breadth, or the faid ftreaks to be faftened with nails of certain fize; as alfo an act paffed in the fixteenth year of King 16 Geo. 2. George the Second, intituled, An act for allowing carts to be drawn with four horfes; as alfo an act pafled in the twenty fixth year 26 Geo. z. VOL. XXVII. I i of |