Statutes of the Realm: Volume 7, 1695-1701. Originally published by Great Britain Record Commission, s.l, 1820.
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Quarter Sessions to appoint Surveyors.
Surveyors, in a Week after Notice of Election, to Survey ruinous Places, and certify Sums necessary for repairing the same, &c.; and also to appoint Carts, &c. at the usual Rates; Two Justices to settle Differences.
Whereas the greatest part of the High Way betweene Attleborough and Wymondham [over Attleborough More & Wymondham (fn. 1)] Morley and Besthorpe Commons being part of the ancient High Way and Post Road from London to Norwich through the County of Norfolke by reason of great and many Loads which are weekly drawne through the same is become very ruinous and almost impassable insomuch that itt is very dangerous to all persons that passe that way And for that the ordinary Course appointed by the Lawes and Statutes of this Realme is not sufficient for the effectuall repaireing and amending the same neither are the Inhabitants of the severall and respective Parishes in which the said ruinous places of the said Road doe lye of Ability to repaire the same without some other Provision of Moneys to bee raised towards the putting the same into good and sufficient Repaire For Remedy whereof and to the intent the same may bee forthwith effectually repaired and amended and from tyme to tyme hereafter kept in good Repaire May itt please Your Majesty that itt may bee enacted and bee itt enacted by the Kings most Excellent Majesty by and with the Advice and Consent of the Lords Spirituall & [Temporall (fn. 1)] and Commons in this present Parliament assembled and by the Authority of the same That for the surveying ordering repaireing and keeping in repaire of the said ruinous places in the said Road the Justices of the Peace att the Quarter Sessions to bee holden for the said County next after the passing of this Act shall and may then and soe from tyme to tyme and in every yeare nominate and appoint a convenient number of sufficient and able Persons resideing and inhabiteing in or neare to the ruinous places of the said Road soe to bee amended as aforesaid to bee the Surveyors of the places aforesaid for the yeare from thence next ensueing And that the said Justices shall cause Notice to bee given to the Surveyors soe chosen in writeing of their said Choice which said Surveyors and every of them haveing noe lawfull Impediment to bee allowed by the said Justices by whome they shall bee chosen in manner aforesaid or any Two of them within one weeke next after such Notice to him or them given of their Election shall and are hereby required to meet in some convenient place neare the said Road to the intent to view and survey the said ruinous places and consider the defects thereof and the best Method and Meanes that can be used for the repaireing and also the severall Summes that will bee necessary for makeing good the same and make their Certificates thereof to the Justices of the Peace att the next Quarter Sessions to bee held for the said County who thereupon shall and may make such Order and Orders in and about the same as to them shall seeme good which said Order or Orders soe to bee made shall bee by the said Surveyors duely observed and performed And the said Surveyors are hereby impowered to appoint and require such Carts and persons who are lyable to worke in the Highwayes by the Statutes already in force from tyme to tyme to come and worke in the said places as they shall thinke needfull and appoint for which the said Surveyors shall pay unto such Labourers and to the Owners of such Teams Carts and Waynes according to the usuall Rate of the Countrey wherein if any Difference happen the same to bee settled by the next Two Justices of the Peace which is to be conclusive to all Parties.
II. Extent of travelling and Time of working.
Provided neverthelesse That noe person bee compellable by this Act to travell above Foure miles from his Dwelling House nor to worke above Two dayes in any one weeke nor att any tyme in Seed tyme, Hay tyme or Corne Harvest.
III. Surveyors may dig Gravel, &c. out of neighbouring.
And bee it further enacted by the Authority aforesaid. That itt shall and may be lawfull for the said Surveyors and such person and persons as they shall appoint to digg take and carry away Gravell Chalke Sand or Stones out of the Wast or Common of any of the Parishes Townes Villages or Hamletts where any of the said ruinous places shall or doe lye without paying any thing for the same for amending the same or where there is not sufficient of such Materialls in any such Common or Wast Ground, to digg in the severall Grounds of any Person or Persons in the Parishes Townes Villages or Hamletts aforesaid not being an House Garden Orchard Yard Meadow or Parke stored with Deere Avenues and planted Walkes where any such Materialls are or may bee found and from tyme to tyme to carry away such and soe much thereof as the Surveyors shall adjudge necessary for the said Reparations without paying any thing for such Materialls save onely such reasonable Satisfaction to the Owner or Occupyer of the Ground where the same shall bee soe digged and carried away for the Damage hee or they shall thereby sustaine to bee assessed and adjudged by the said Justices att the next or any other Quarter Sessions for the said County in case of difference concerning the same And that the Pitts and Places where and from whence such Materialls shall bee digged and carried away for the Reparations aforesaid shall with all convenient speed to bee adjudged by the said Justices of Peace as aforesaid or desired by the party owning such Ground be filled up and levelled with Earth or other Materialls.
IV. Justices or Quarter Sessions to appoint Receiver or Collector of Toll.
And for defraying of the Charges in and about the Reparations to bee done in the places aforesaid Bee itt further enacted That the said Justices or the Quarter Sessions aforesaid shall and may choose and appoint One or more fitt person or persons to bee Receiver or Receivers Collector or Collectors of such Summe or Summes of Money in the name of Toll or Custome to be paid for all such Horses Carts Coaches Waggons Droves and Gangs of Cattell as in tyme to come shall passe bee lead or droven in or through the said [Way (fn. 2)] as are hereafter in this Act lymitted (that is to say) For every Horse One Penny For every Stage or Hackney Coach Six pence For every other Coach Chariott or Calash Six pence For every Waggon One shilling For every [ Cart (fn. 2)] Six pence For every Score of Oxen or Neat Cattell Six pence and soe for every greater or lesser Number proportionably And that from and after the passing of this Act all and every person and persons who shall travell with Horse Coach Cart or Waggon or shall lead or drive any Oxen or other Cattell before mentioned in and through the High way aforesaid shall and are hereby required and enacted to pay unto the said Collector or Collectors Receiver or Receivers of Toll in that behalfe from tyme to tyme to bee appointed as aforesaid after the Rates aforesaid The place or places for collecting the said Toll to bee upon the said Highway in or betweene Attleborough and Wymundham aforesaid by setting upp a Turnepike or Turnepikes or otherwise as the Justices of the Peace att the next or any future Quarter Sessions to bee held for the said County after the passing of this Act shall direct and appoint And in case any person or persons upon demand made of Toll aforesaid by the Collector or Receiver in that behalfe to bee appointed shall neglect or refuse to pay the same that then itt shall and may bee lawfull to and for the said Collector or Receiver appointed for the Receipt of the said Toll upon such refusall to distraine and detaine such Horse Cart Coach Chariott Calash Waggon Oxen or other Cattle before mentioned or any of them untill the said Toll shall bee satisfyed and paid according to the Tenour of this present Act together with such Damages as the party or parties soe distraineing shall sustaine in and about the makeing of the said Distresse or by the keeping thereof which said Moneys soe to bee received shall bee paid to the said Surveyors for and towards the amendment of the said ruinous places in the said High way according to the true meaning hereof and not elsewhere.
V. Surveyors, at every Easter Sessions, to account.
And bee itt further enacted by the Authority aforesaid That the said Surveyors and every of them att the Quarter Sessions of the Peace for the said County to bee holden next after Easter in every yeare shall make and yeild upp unto the said Justices of Peace there to bee assembled a perfect Account in writeing under their Hands of all the Money which they or any of them have received from the said Collector or Receiver of Toll and likewise of all theire Disbursements in and about the said High way or otherwise by reason of theire Offices And in case any Overplus of Money soe received remaine in their Hands shall pay the same to the Surveyors to bee chosen for the yeare ensueing to bee disbursed and laid out in mending the said Road according to the true meaneing of this Act and not elsewhere Which said Justices to whom such Accompt shall bee given att the said Quarter Sessions shall out of the Benefitt of the said Toll make such Allowance unto the said Surveyors for and in consideration of theire Care and Paines taken in Execution of theire Offices and to such person or persons whoe have beene or shall bee assisting in and about procureing the said High way to bee amended as aforesaid by advanceing or laying out any Moneys or otherwise relateing thereto as to them shall seeme good And in case the Collector or Receiver of the aforesaid Toll soe to bee paid as aforesaid shall not upon request duely pay the same unto the said Surveyors for the tyme being soe to bee appointed as aforesaid or in case the said Surveyors or any of them shall not make such Account and Payment unto the severall person and persons according to the Order Direction and Appointment of the said Justices as aforesaid That then the said Justices att any Quarter Sessions to bee holden for the said County shall make Inquiry concerning such Default as well by Confession of the said parties themselves as by Testimony of One or more credible Witnesses upon Oath which Oath they are hereby impowered to administer And if any Person or Persons shall bee thereof convicted the said Justices upon such Conviction shall committ the party or parties soe convict to the Common Goale of the said County there to remaine without Baile or Mainprize untill hee or they shall have made a true and perfect Account and Payment as aforesaid.
VI. Surveyors enabled to engage the Profits of the Toll for Monies borrowed for 15 Years at £6 per Cent.
And forasmuch as the Moneys soe to bee collected by such Receipt of the said Toll will not att present raise such a Stock or Summe of Money as may bee sufficient for the speedy repaireing of the premisses Itt is hereby further enacted That the said Surveyors or the more part of them for the tyme being are hereby enabled by Order of the said Justices to bee made at the Quarter Sessions and not otherwise to engage the Profitts ariseing by the said Toll for such Summe [and (fn. 3)] Summes of Money by them to bee borrowed for that purpose, and by Indenture under the Hands and Seales of the said Surveyors for the tyme being or the more part of them to transferre the said Profitts of the said Toll and to grant and convey the same for any Tyme or Terme not exceeding Fifteene yeares unto any person or persons that shall or will upon that Security advance any present Summe or Summes of Money soe lent with Interest for the same after the rate of Six pounds per Centum per Annum for every Hundred pounds which said Money soe to bee advanced shall bee distributed by the Justices att the Quarter Sessions in the Proportions and for the Purposes aforesaid and not otherwise.
VII. Persons refusing to be or to act as Surveyors,
And bee it further enacted by the Authority aforesaid That if any person or persons not haveing any lawfull Excuse to bee allowed as aforesaid shall neglect or refuse to take upon him or them the said Office of Surveyor being thereunto nominated and chosen as by this Act is appointed or to doe and performe his or theire Duty in the due and speedy Execution of this Act the said Justices att their Quarter Sessions shall and may hereby have Power to impose on such person or persons soe refuseing or neglecting such Fine or Fines not exceeding Five pounds upon each person soe refuseing as to them shall seeme meete and to cause the same to bee levyed by Distresse and Sale of his or their Goods rendering to the party the Overplus if any shall bee And then and in such case or in case of the Death of any of the said Surveyors some other Person or Persons shall bee appointed by two or more Justices of Peace that live nearest to the party or parties soe dyeing refuseing or neglecting and such other person or persons soe to bee appointed by the said Justices are hereby required to execute theire said Offices in such Manner and under such Penalties as if they had beene chosen by the Justices att their Sessions of the Peace as aforesaid.
VIII. Fines paid to Surveyors for repairing the Highway.
And bee itt further enacted by the Authority aforesaid That all Fines and Forfeitures to bee imposed or incurred by virtue of this Act shall bee paid to the Surveyors for the tyme being for and towards the repaireing of the said ruinous places in the said High way according to the true meaneing of this Act and not to any other person or persons or to or for any other use or uses intent or purpose whatsoever.
IX. Action to be laid in Norfolk.
And bee itt further enacted by the Authority aforesaid That if any Suite shall bee commenced against any person for any thing done in pursuance of this present Act that in every such Case the Action shall bee laid in the said County of Norfolke and not elsewhere and the Defendant in such Action to bee brought may plead the Generall Issue and give this Act and the Speciall Matter in Evidence att any Tryall to bee had thereupon and that the same was done in pursueance and by the Authority of the said Act and if itt shall soe appeare to bee done or that such Action shall bee brought in any other County that then the Jury shall find for the Defendant and upon such Verdict and if the Plaintiffe shall bee Nonsuited or discontinue his Action after the Defendant shall have appeared or if upon Demurrer Judgment shall bee given against the Plaintiffe the said Defendant shall have and recover double his Costs and have the like Remedy for the same as any Defendant hath in other Cases by Law.
X. Persons passing and repassing the same Day, not to pay twice.
Provided alwayes That noe person or persons haveing occasion to passe the place where the Toll is taken and returne the same day before Eight of the Clock att Night betweene the Moneth of September, and February and before Tenne of the Clock att Night dureing the other Moneths of the Yeare with the same Horse or with the same Coach Chariott Calash Waggon or other Carriage unloaden or with the same Cattell shall be compelled the same day to pay the said Toll the second tyme And further alsoe that all and every person and persons passing through the place appointed for receiveing the Toll aforesaid and comeing from any Parish next adjoyneing to the said Road shall have a Liberty to carry away quantities of Stones Sand Lyme or Gravell Dung Mould or Compost of any Nature or Kind whatsoever Brick or Chalke or any Wood not goeing to any Markett And that all Carts with Hay not goeing to any Markett or Corne in the Straw att Haytyme or Harvest Ploughs Harrowes and other Implements of Husbandry and all other things whatsoever imployed in the husbanding stocking and manureing of [the (fn. 4)] severall and respective Lands in the severall and respective Parishes shall passe to and fro through the said place where the said Toll is to bee received as aforesaid without paying any thing for theire respective passing through the same And that itt shall and may bee lawfull alsoe for all and every Soldier and Soldiers upon theire March and all Carts and Waggons attending them and all Persons rideing Post to passe through the said place where the said Toll is to bee collected without paying any thing for theire passeing Any thing in this Act contained to the contrary thereof in any wise notwithstanding.
XI. Persons chargeable to remain so.
Provided also That all and every person and persons whoe by Law are chargeable towards the repaireing the said Highway shall still remaine soe chargeable and doe theire respective Workes in the said Highway as before [they (fn. 5)] used to doe therein according to the direction and appointment of the ordinary Surveyors of theire respective Parishes Any thing herein to the contrary thereof notwithstanding.
XII. Act to be in force 15 Years, unless the Road be sooner amended, and the Money borrowed repaid.
Provided alsoe That neither this Act nor any thing herein contained shall extend to any further tyme or bee of force any longer than the Terme of Fifteene Yeares to bee accounted from the passing of this Act And alsoe That if att any tyme before the expiration of the Fifteene Yeares aforesaid the ruinous places in the said Highway shall bee sufficiently amended and repaired and soe adjudged by the Justices of the Peace of the said County att theire Quarter Sessions That then from and after such Adjudication made and Repayment of such Moneys as shall have beene borrowed the aforesaid Toll shall cease and determine Any thing herein contained to the contrary thereof notwithstanding.