No. VII. c. 143. Expences of the Jury how to be defrayed. III. And be it further enacted, That in case any jury shall give in and deliver a verdict for more money as the value of such stones and amount 59 Geo. III. of such damage than what shall have been offered for the purchase thereof by such surveyor or other person or persons as aforesaid, the costs and expences of summoning and maintaining the jury and witnesses shall be borne and paid out of the rates to be collected within such county respectively; but if such jury shall give in and deliver a verdict for no more or for less money than the money which shall have been so offered by such surveyor or other person or persons as aforesaid, then the costs and expences of summoning and maintaining the said jury and witnesses shall be borne and paid by the person or persons with whom such controversy or dispute touching the value of such stones and amount of such damage shall arise, and shall be levied by the warrant of one of the said justices by distress and sale of the goods and chattels of the person or persons made liable to the payment thereof. Persons aggrieved may appeal to Justices assembled in General Quarter Sessions. Appellant to enter into Recognisance. Justices to de termine the Matter of Appeal in a summary Way. Enabling Justices to contract for the Repair of County Bridges, &c. IV. Provided always and be it further enacted, That if any person or persons shall or may think himself herself or themselves aggrieved by any thing done or to be done in pursuance of this Act, such person or persons may within the space of three calendar months next after the cause of complaint shall have risen appeal to the justices of the peace at any general quarter sessions of the peace to be holden for the limit wherein the cause of complaint shall arise, every such appellant first giving or causing to be given fourteen days notice at least in writing of his or her intention to bring such appeal and of the cause or matter thereof to the person or persons against whom such complaint shall be made, and within three days next after such notice entering into a recognisance before some justice of the peace acting for the county wherein the cause of complaint shall arise, with two sufficient sureties conditioned to try such appeal and to abide by the order of and pay such costs as shall be awarded by the justices at such session aforesaid; and the said justices at such session, upon due proof of such notice being given as aforesaid and of the entering into such recognisance, shall hear and finally determine the cause and matter of every such appeal in a summary way, and make such award to the party appealing or appealed against as the said justices shall think proper; and the determination of such justices so assembled shall be binding and conclusive to all intents and purposes. V. And whereas it is expedient that the powers contained in an Act passed in the forty-third year of his present Majesty, intituled An Act for remedying certain Defects in the Laws relative to the building and repairing of County Bridges and other Works, maintained at the Expence of the Inhabitants of Counties in England, for authorising the justices of the peace of any county city riding division town corporate or liberty at their general quarter session of the peace to contract for maintaining and keeping in repair roads over county bridges and so much of the roads at the ending thereof as by law is to be repaired at the expence of counties, although no presentment shall have been made of the want of repair as directed by an Act passed in the twelfth year of his late Majesty King George the 12 Geo. 2. c. 29. Second, intituled An Act for the more easy assessing collecting and levying of County Rates, should be extended to the bridges as well as to the roads at the end thereof; Be it further enacted, That from and after the day of passing this Act it shall and may be lawful to and for the justices of the peace of any county city riding division town corporate or liberty at their general quarter sessions respectively to contract and agree or to authorise any other person or persons to contract and agree with any person or persons for the maintaining and keeping in repair any county or hundred bridge and the road over such county or hundred bridge, and so much of the road at the ends thereof as are by law liable to be repaired at the expence of any such county hundred city riding division town corporate or liberty or any part of the same; and the said justices are hereby empowered to order such sum or sums of money as may be contracted for and agreed to be paid for the repairing amending and supporting such bridges and the roads over the same or the ends thereof to be paid (in cases where the county is liable to the repair thereof) by the treasurer of No. VII. the county out of the county rate, or (in cases where the hundred is liable c. 143. to the repair of the same) by the bridge master (or other public officer 59 Geo. III. charged with the repair of bridges) of the hundred by which such bridge is liable to be repaired, for any term not exceeding seven years nor less than one, although no presentment of the insufficiency decay or want of repair of the same shall have been made, and although no public notice shall have been given by the said justices at their respective general or quarter session of their intention to contract for the repair of such bridges or the roads at the ends thereof as respectively directed by the said Act of the twelfth year of his late Majesty King George the Second: Provided nevertheless, that before any such contract shall be made the said justices shall cause notices to be given in some public paper circulated in such county city riding hundred division town corporate or liberty of their intention to contract. PART VI. CLASS VII. Carriers. [No. 1.] 3 William and Mary, c. 12.—An Act for the better repairing and amending the Highways, and for settling the Rates of Carriage of Goods. XXIV. AND whereas divers waggoners and other carriers by combination amongst themselves have raised the prices of 'carriage of goods in many places to excessive rates to the great injury ' of trade;' Be it therefore enacted by the authority aforesaid, That the justices of the peace of every county and other place within the realm of England or dominion of Wales shall have power and authority and are hereby enjoined and required at their next respective quarter or general sessions after Easter day yearly to assess and rate the prices of all landcarriage of goods whatsoever to be brought into any place or places within their respective limits and jurisdictions by any common waggoner or carrier, and the rates and assessments so made to certify to the several mayors and other chief officers of each respective market town within the limits and jurisdictions of such justices of the peace, to be hung up in some publick place in every such market town to which all persons may resort for their information; and that no such common waggoner or carrièr shall take for carriage of such goods and merchandizes above the rates and prices so set, upon pain to forfeit for every such offence the sum of five pounds to be levied by distress and sale of his and their goods by warrant of any two justices of the peace where such waggoner or carrier shall reside, in manner aforesaid, to the use of the party grieved. [ No. II. ] 21 George II. c. 28.-An Act to explain and 21 George II.A c. 28. No. III. 7&8 Geo.IV. c. 39. · waggoner or carrier should take for the carriage of such goods or mer'chandize above the rates and prices so set, upon pain to forfeit for every 'such offence the sum of five pounds, to be levied and recovered as is by 'the said Act directed: And whereas no rates for the carriage of goods 'from distant parts of the kingdom to the City of London and places ad'jacent have been yet settled, and several common waggoners and carriers have from thence taken occasion to enhance the price of carriage of goods to the prejudice and obstruction of trade;' Be it therefore further enacted by the authority aforesaid, That if any common waggoner Penalty of or carrier shall after the tenth day of June one thousand seven hundred Waggoners deand forty-eight demand and take any greater price for the bringing of manding a goods to the City of London or to any place within the bills of mortality greater Price than is allowed and settled by the justices of the peace for the county or for Carriage place from whence such goods are brought for the carrying of goods from than allowed. London to the said county or place, every such carrier or waggoner shall for every such offence forfeit and pay the sum of five pounds to the use of the party grieved, to be recovered and levied in the manner by the lastmentioned Act directed, or by distress and sale of his goods by warrant under the hands and seals of any two justices of the peace for the counties of Middlesex or Surrey or City of London or City and Liberty of Westminster; and the clerk of the peace for every county and place shall immediately after Easter session yearly certify to the Lord Mayor of the City of London and also to the respective clerks of the peace for the counties of Middlesex and Surrey and City and Liberty of Westminster the rates and assessments made for the carriage of goods in pursuance of the said Act in their respective counties and places, which certificate or an attested copy thereof signed by the officer to whom the same shall be so transmitted shall be taken and deemed sufficient evidence of the rates and prices set for the carrying of goods to any county or place. Clerk of the Peace to certify yearly the Rates for Carriage. c. 12. [ No. III.] 7 & 8 Geo. IV. c. 39.-An Act to repeal such Parts of Two Acts of King William and Queen Mary and of King George the Second, as relate to the settling the Rates of the Carriage of Goods.-[21st June 1827.] WHEREAS an Act was passed in the third year of the reign of King William and Queen Mary, intituled An Act for the better repairing 3 W. & M. and amending the Highways, and for settling the Rates of Carriage of Goods, whereby it was amongst other things enacted, that the justices of the peace of every county and other place within the realm of England or dominion of Wales should have power and authority, and were thereby enjoined and required at their then next respective quarter or general sessions after Easter day yearly, to assess and rate the prices of all land carriage of goods whatsoever, to be brought into any place or places within their respective limits and jurisdictions by any common waggoner or carrier, and the rates and assessments so made to certify to the several mayors and other chief officers of each respective market town within the limits and jurisdictions of such justices of the peace, to be hung up in some public place in every such market town, to which all persons might resort for their information; and that no such common waggoner or carrier should take for carriage of such goods and merchandizes above the rates and prices so set, upon pain to forfeit for every such offence the sum of five pounds, to be levied by distress and sale of his and their goods, by warrant of any two justices of the peace where such waggoner or carrier should reside, in manner aforesaid, to the use of the party grieved: And whereas another Act was passed in the twenty-first year of the reign of King George the Second, intituled An Act to explain and 21 G. 2. c. 28. amend an Act passed in the Fourteenth Year of His Majesty's Reign, intituled 'An Act for the Preservation of the Public Roads in that Part of 'Great Britain called England;' and so much of an Act passed in the Third Year of the Reign of King William and Queen Mary, intituled An Act 'for the better repairing and amending the Highways, and for settling the VOL. VII. * I No. III. c. 39, Rates of the Carriage of Goods,' as relates to the settling the Rates of the 7&8 Geo.IV. Carriage of Goods, whereby, after reciting the herein-before recited Act, it was enacted, that if any common waggoner or carrier should, after the tenth day of June one thousand seven hundred and forty-eight, demand and take any greater price for the bringing of goods to the City of London, or to any place within the bills of mortality, than was allowed and settled by the justices of the peace for the county or place from whence such goods were brought for the carrying of goods from London to the said county or place, every such carrier or waggoner should for every such offence forfeit and pay the sum of five pounds to the use of the party grieved, to be recovered and levied in the manner by the said recited Act directed, or by distress and sale of his goods, by warrant under the hands and seals of any two justices of the peace for the counties of Middlesex or Surrey, or City of London, or City and Liberty of Westminster; and the clerk of the peace for every county and place should immediately after Easter session yearly certify to the Lord Mayor of the City of London, and also to the respective clerks of the peace for the counties of Middlesex and Surrey and City and Liberty of Westminster, the rates and assessments made for the carriage of goods, in pursuance of the said Act, in their respective counties and places, which certificate, or an attested copy thereof, signed by the officer to whom the same should be so transmitted, should be taken and deemed sufficient evidence of the rates and prices set for the carrying of goods to any county or place: And whereas the provisions herein-before recited are at present inoperative, and inapplicable to the present times, and it is expedient that the same should be repealed: Be it therefore enacted by the King's most excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, That from and after the passing of this Act, the provisions hereinbefore set forth, and any other powers or provisions in the said recited Acts contained, which relate to the settling the rates of the carriage of goods, shall be and the same are hereby severally declared to be repealed. So much of recited Acts as relates to the settling the Rates for the Carriage of Goods, repealed. |