Statutes of the Realm: Volume 5, 1628-80. Originally published by Great Britain Record Commission, s.l, 1819.
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Recital of 15 Car. II. c. I.; and that divers Gentlemen of the County had borrowed Money for repairing the said Roads; and that certain Parts of the said Roads had been amended; and that a certain Road in Hertford, shire was very ruinous.
Whereas by a late Act of Parliament entituled An Act for repairing the Highwayes within the Countyes of Hertford Cambridge and Huntington It was enacted That for the repairing of the auntient Highway and Poast road, leading from London to Yorke and from London into Lincolnshire, there should be a Toll paid at a certaine place in every of the said [severall and (fn. 2) ] respective Countyes, and for Hertfordshire at Wades Mill in the said County, Which said Toll so set is by the said Act to continue the [space (fn. 2) ] of eleaven yeares and no longer, with this. Provision that if the Justices of the Peace at their Quarter Sessions in the respective Countyes shall before the expiration of eleaven yeares, adjudge the said Repayres to be sufficiently done, that from thenceforth it should cease And whereas divers Gentlemen within the County of Hertford have hartily set themselves to take care for the repairing of the said wayes within, their County, And in order thereunto finding that Money could not be advanced by the Toll in so speedy a manner as to repayre those ruinous wayes, And that none would lend their Money on that Security did upon their owne creditts borrow Thirteen hundred pounds on Interest, to effect the worke intended by the said Act, which sūme accordingly is layd out together with such Money as hath proceeded from the Toll before mentioned in the repayre of the said Highway, by which meanes they have so amended the said Road, lying in that County, leading from London to Yorke, that they have made the same from a Road impassable, to be to the satisfaction of all that travell that way very passable and convenient, But by reason of the great sūme expended and layd out so borrowed as aforesaid, the Toll, will not be sufficient to repaye the same within the yeares mentioned in the former Act with Interest for the same and to finish the said worke, And whereas there is a Road in the said County of Hertford that leads from London to Cambridge and so into Norffolke and likewise to Newmarkett and so into Suffolke, and other parts which goes out of the forementioned Road at the end of the Towne of Puckeridge, and so leadeth to Barly in the said County of Hertford, which is very ruinous and requires as much the helpe of the Toll in many places as the forementioned Road did May it therefore please Your Majesty that it be enacted And be it enacted by the Kings most Excellent Majesty by and with the advice and consent of the Lords Spirituall and Temporall and the Co[m]mons in this present Parliament assembled, and by Authority of the same That the Toll aforementioned to be taken at Wades Mill for the County of Hertford, that by the former Act was to continue for eleaven yeares and no longer, shall continue for the said County of Hertford for the space of One and twenty yeares and no longer the said Terme to commence from the time mentioned in the Act beforementioned, and the Money arising therefrom to be imployed for the payment of the Debt aforesaid with Interest, and also for further repaire of the said Highway.
II. The former Commissioners to repair the said Road.
And it is further enacted and declared by the Authority aforesaid, That the persons, impowered in the forementioned Act for the repayre of the Highwayes within the County of Hertford shall have the same power to repayre the said Highwayes leading from Puckeridge to Barly in the said County, as they have to repayre the Highway in the said County leading from London to Yorke; And that they shall and may apply such part of the Toll thereunto (having an equall care of both Highwayes) as they in their Judgments shall finde needfull, Any thing in the said former Act to the contrary notwithstanding,
And whereas by the former recited Act a Toll was erected and set to be taken at the Towne of Caxton in the County of Cambridge, for and towards the repairing the Highwayes in the said Countie, The said Toll doth prove useles and will not answer the, end for which the same was intended, by reason of the Inconveniency of the place where the same was sett Bee it therefore enacted by the Authority aforesaid That the said Toll be and is hereby removed from the said Towne of Caxton unto Arrington Bridge or the Towne of Arrington, as shall seeme most convenient, by the Justices of the Peace of the said County at their next Easter Generall Quarter Session of the Peace in the Countie aforesaid, And that the same Toll shall be taken and received at Arrington Bridge or Arrington Towne aforesaid, according to the Rates and by the same wayes and meanes as in the former Act was appointed and declared, And to be imployed to the uses purposes and intents therein also declared, Any thing to the contrary in any wise notwithstanding.
IV. Persons chargeable to repair the said Highways are to pay their Rates.
Provided alwayes That all and every person and persons who by Law are chargeable towards the repairing of the said Highwayes and places aforesaid shall still remaine so chargeable, and pay six pence in the pound yearely according to the true value of their Estates for and towards the repayre of the said Highwayes during the time of the continuance of this Toll, Any thing in this Act to the contrary thereof in any wise notwithstanding.
V. Collectors to account weekly. Account to be on Oath,; and returned to Quarter Sessions.
And be it further enacted by the Authority aforesaid That the Collector of this Toll, shall weekly account to the Receivor Generall for the whole Money received by virtue of this or the said former Act, And the next Justice of the Peace for the said County shall hereby have power to give an Oath to the said Collectors for the making of a true and perfectct account of the Money so received, which said account so made shalbe returned into the next Generall Quarter Sessions to be held for the said County, by the Justice of Peace before whom such Oath was taken
VI. The Toll to cease, if, the Money borrowed be sooner levied.
Provided also That if at any tyme before the expiration of the said terme of one and twenty yeares the said Highwayes shall be well and sufficiently, amended and repayred and so adjudged at the publique Quarter Sessions for the County of Hertford, And that such su[m]me or su[m]mes of Money as is already borrowed and layd out or shall be borrowed and layd out for the use aforesaid be repayd with Interest for the same, That from and after such Adjudication made and repayment of such Money so borrowed and layd out as aforesaid, the aforesaid Toll in the said County shall cease and determine.
VII. In default of Justices of Peace, Judges of Assize may adjudge the Money to be levied, &c.
And be it further enacted by the Authority aforesaid, That in case the Highwayes within the said County of Hertford shall be sufficiently amended, And that the Justices of the Peace at their Quarter Sessions shall fayle to make an Adjudication thereof. That then in such default of the said Justices of the Peace, It shall and may be lawfull to and for the Justices of Assize for the said County of Hertford to make such Adjudication, which being entred with the Clerke of the Assizes shall be esteemed a good Adjudication of the amendment of the said Highwaynes, And that, then and from thenceforth the said Debt being fully satisfyed to such as shall have advanced any Moneys thereupon, the said Toll shall cease and determine, Any thing in this Act to the contrary thereof in any wise notwithstanding.
VIII. The Rate to be paid to a Treasurer.
[And whereas in this p[re]sent Act it is provided That all and ev[er]ie person and persons who by Lawe are chardgeable towards the repayring of the said High wayes and places aforesaid shall still remaine soe chardgeable and pay sixe pence in the pound yearely according to the true valewe of their Estates for and towards the repaire of the said High wayes during the time of the continuance of the said Toll Bee it therefore provided and enacted by the Authority aforesaid That the aforesaid summe of sixe pence in the pound shall bee payd unto the Threasurer appointed to receive the aforesaid Toll in like manner as the said Toll is appointed to bee payd by thaforesaid Act And for default of paymm[en]t of the said Rate of sixe pence in the pound in manner as aforesaid by the space of sixe dayes after demaund made That it shall and may bee lawfull for the Surveyrs of the High wayes for the time being And they are hereby impowred to levy the same by Distresse and sale of the Goods of the party refusing to pay the same accordingly, restoring the ov[er]plus (if any bee) to the owner (fn. 3) ].