Statutes of the Realm: Volume 7, 1695-1701. Originally published by Great Britain Record Commission, s.l, 1820.
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Recital that many Persons had extorted Money from Owners of Waggons, &c. under Colour of 22 Car. II. c. 12. §7.
Regulations as to Draught of Carriages; Penalty; Levied as by.; 22 Car. II. c. 12; Parish Surveyor to receive Penalties, and account for the same to Special Sessions held pursuant to 3 W. & M. c. 12. §8. Penalties to be employed according to the last-mentioned Act.
Whereas many evil disposed Persons assuming to themselves the Names and Titles of the Kings General or Deputy Surveyors of the High-ways and other Persons without any legal Authority for the same have of late Yeares by Threats false Informations and other illegal Ways extorted and gotten great Su[m]ms of Money from several Owners of Waggons and Carriages of this Kingdom under Colour and by Force of the wording of a certaine Clause in a certaine Act of Parliament entituled (An Additional Act for the better repairing of Highways and Bridges) made in the Two and twentieth Yeare of our late Sovereigne Lord King Charles the Second containing these Words That from and after the Foure and twentieth Day of June therein mentioned no Travelling Waggon Wayne Cart or Carriage wherein any Burthens Goods or Wares are or shall bee carried (other than such Carts and Carriages as are employed in and about Husbandry and manuring of Lands and in the carrying of Hay Straw Corne unthresht Coal Chalk Timber for Shipping Materials for Building Stones of all sorts or such Ammunition or Artillery which shall be for His Majesty's Service shall att any time travel or bee drawne or goe in any co[m]mon or publick Highway or Road with above Five Horse Beasts att length And if any shall draw with a greater Number of Horses or Oxen they shall all draw in Paires that is to say Two a breast for such a number as they shall use except one Horse contrary to the Equity true intent and meaning of the said Clause. For prevention of such Extortion and Oppression for time to come and the better Explanation of the said Clause Be it therefore enacted by the Kings most Excellent Majesty by and with the Advice and Consent of the Lords Spiritual and Temporal and the Co[m]mons in this present Parliament assembled and the Authority thereof That for the better repairing and amending of the said Highways and the better Application of the Forfeitures in and about the same every Owner of any Waggon Cart Carriage Horse Beast or Oxen offending contrary to this present Act shall forfeit the su[m]m of Fourty Shillings and no more for every respective Offence to the Surveyor or Surveyors of the High-ways of the Parish Towne Village or Hamlett where any the said Offences shall bee co[m]mitted to be paid to the Surveyor or Surveyors and to noe other Person or Persons whatsoever which said Forfeiture and Forfeitures shall be levied in such manner as the Penalties in the said recited Act imposed on every Constable or Surveyor of the Highways for refuseing or neglecting to put in Execution the several Acts of Parliament for or touching the repairing amending or enlarging of such Highways are directed and appointed and no otherwise And the said Parish Surveyor and Surveyors for the time being are hereby authorized & required to take and receive the said Forfeiture and Forfeitures and to pay in and account for the same respectively upon Oath to the Justices of the Peace att their Special Sessions holden once in Foure Months pursuant to an Act of Parliament in the Second and Third Yeares of our said [Sovereigne (fn. 1) ] Lord King William and the late Queen of Gracious Memory which said Forfeiture and Forfeitures are to be employed in and about the Repaires of the Highways in the respective Parish or Parishes Towne Village or Hamlett where such Forfeitures are or were committed according to the Direction and Appointment of the last mentioned Statute and no otherwise Any thing in the said Act of the Two and twentieth of King Charles the Second or of any other Law or Statute to the contrary thereof notwithstanding.
II. Recital of 22 Car. II. c. 12. §7. and that the said Act has been evaded.
And whereas by a Statute made in the Two and twentieth Yeare of King Charles the Second intituled An additional Act for the better repairing of High-ways and Bridges Itt is enacted That no Waggon Wayn Cart or Carriage (except as therein excepted) shall att any time travel or be drawn or goe in any Co[m]mon or Publick High-way or Road with above Five Horse Beasts att length and if any shall draw with a greater Number of Horses or Oxen they shall all draw in Paires And whereas to avoid the Intention of the said Act the Waggoners have fixt an Iron or Shaft on the side of the Wagggon whereby none of the Horses goe in a line with the Wheels and those which draw on the side make the Rut deeper and thereby the more impaire the Highways For Remedy whereof be it enacted by the Authority aforesaid That from and after the First day of August which shall be in the Yeare of our Lord One thousand six hundred ninety and six no Travelling Waggon Wayn Cart or Carriage wherein any Burthens Goods or Wares are or shall be carried or drawne for Hire (other than such Waggon Cart or Carriages as are imployed in or about Husbandry or manuring of Lands and in the carrying of Hay Straw Corne unthresht Coal Chalk Timber Materials for Building Stones of all sorts or such Am[m]unition or Artillery or shall be for His Majesties Service) shall att any one time travel or be drawne or goe in any co[m]mon or publick Highway with above Eight Horses and not with above Eight Oxen and One Horse or Six Oxen and Two Horses or Two Oxen and Six Horses or Foure Oxen and Foure Horses Which said Horses or Horses and Oxen shall draw in Pairs with a Pole between the ( (fn. 2) ) Wheel-Horses or in double Shafts and the other Horses to draw in a Line with the Wheel-Horses or Oxen in the same manner as they usually draw in Coaches upon paine that every Owner of such Waggon Wayne Cart Carriage Horse or Oxen shall forfeit for every such Offence the su[m]m of Forty Shillings Two Third Parts whereof shall bee to the Use of the Highways and the other Third Part to the Informer to bee levied by Distresse of any one of the said Horses or Oxen by the Constable Tythingman Headborough Surveyor of the Highways or Overseer of the Poor of the Parish or Place where the said Offence is or shall be co[m]mitted or any of them And in case the Penalty bee not paid within Three Days after such Distresse that then it shall and may be lawfull for the Person so distrayning to sell the same restoring the Overplus to the Owner thereof the Charges of distrayning selling and keeping being first deducted Any thing in this or any other Law to the contrary in any wise notwithstanding.
III. If any Vill, &c. has employed the Rate of 6d. in the Pound, and Highways not repaired, the whole Parish to contribute.
Provided always and be it enacted by the Authority aforesaid That if any Jushipp Liberty Precinct or Vill that uses to repaire their owne High-ways shall have levied the Rate of Sixpence in the Pound and imployed the same toward the Repaire of the Highways and yet the said High-ways are not sufficiently repaired that then and in such Cases it shall and may be lawfull for the Justices of the Peace att their special Sessions to bee held every Foure Months for the consideration of the High-ways to order the whole Parish to contribute to the repairing thereof.
IV. Persons having Land of £50 per Annum, adjudged to have a Plough Land within the Statutes.
And be it further enacted by the Authority aforesaid That any Person that shall have in his or her Occupation Wood Land or other Land to the value of Fifty pounds per Annum shall bee adjudged and deemed to have a Plow Land as to all or any of the Purposes within any of the Statutes heretofore made of or concerning the High-ways Any thing in them or any Usage or Custome to the contrary in any wise notwithstanding.
And whereas it hath been found necessary to secure Horse-Causeys or Causeys for Horses and Foot Causeys to travel upon in Publick Highways by Posts Blocks or great Stones fixed in the Ground or by Banks of Earth- cast upp or otherwise from being broken upp and spoiled with Waggons Wayns or Carts And forasmuch as several evil-disposed Persons doe frequently pull upp cutt downe and remove the said Posts Blocks and great Stones so fixed as aforesaid and alsoe digg and cast downe the said Banks which are the Securities and Defences of the said Causeys whereby the Causeys are often ruined and destroyed: For Remedy whereof be it enacted by the Authority aforesaid That from and after the said Foure and twentieth day of June every Person who shall pull upp cutt downe or remove any Post Block Great Stone Banke of Earth or other Security which was sett upp placed and made for securing the said Horse and Foot-Causeys from Waggons Wayns and Carts shall (upon Complaint thereof made to any Justice of the Peace of the Place or Division where such Offence shall bee proved to bee done by the Oath of any one credible Witnesse which Oath such Justice is hereby impowered to administer or upon view of the Justice himselfe) forfeit for every of the said Offences the su[m]m of Twenty shillings One Moiety thereof to the Surveyors of the High-ways of the Parish Towne or Division where any of the said Offences shall bee co[m]mitted to bee employed in the Repaires of the said High-ways and the other Moiety [thereof (fn. 3) ] to him that shall discover the same to bee levied in manner as aforesaid.
VI. General Surveyor, &c. of the King's private Roads, compounding, &c. with Carrier, &c.
And bee it further enacted by the Authority aforesaid That in case any General Surveyor or Deputy Surveyor or Supervisor of His Majesties owne Private Roads or other Person or Persons shall make any Composition or Deemand take or receive any Sume or Summes of Money or other Reward whatsoever of any Carrier Waggoner or other Person or Persons upon the account of drawing with any Number of Horses or Oxen otherwise than as is appointed by this Act or for any other Offence in relation to the High-ways that every such Person or Persons so offending shall forfeit for every such Offence the Summe of Forty Pounds One Moiety whereof shall bee applied to the Repaire of the said High-ways and the other Moiety to the Use of such Person who shall sue for the same to bee recovered by Action of Debt Bill Plaint or Information wherein noe Essoigne Protection Priveledge or Wager of Law shall bee allowed nor any more then one Imparlance Any Law Statute or Usage to the contrary notwitstanding.