Statutes of the Realm: Volume 7, 1695-1701. Originally published by Great Britain Record Commission, s.l, 1820.
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Reasons for passing this Act
Quarter Sessions to appoint a Surveyor of the Roads yearly; Notice to Persons appointed.; Surveyors to meet to survey ruinous Places, and take Order for repairing the same; and certify to Quarter Sessions, who are to make Order thereon; Surveyors to require Carts, &c. to work in such Places; Surveyors to pay for working beyond limited Time; Two Justices may settle Rate of Payment.
Whereas the Highway between Birdlipp and the said Top of Crickley Hill in the County. Gloucester and the City of Gloucester being part of the ancient Highway and Post Road leading from the Citty of London to Gloucester by reason of the great and many Loads that are weekly drawne through the same are become very ruinous and almost impassable for att least Five Miles in length insomuch that itt is become dangerous to all Persons that passe that way and for that the ordinary course appointed by the Laws and Statutes of this Realme is not sufficient for the effectual repairing and amending the same neither are the Inhabitants of the several Parishes in which the said ruinous Places in the said High-way and Roads doe lye of ability to repaire the same without some other Provision be made for the repairing thereof May it please Your Majesty that it may be enacted and be it enacted by the Kings most Excellent Majesty by and with the Advice and Consent of the Lords Spiritiual & Temporal and Co[m]mons in this present Parliament assembled and by the Authority of the same That for the surveying ordering repairing and keeping in Repaire the said several ruinous places in the said Road the Justices of the Peace att the Quarter Sessions to be holden for the said County or any Five of them next after the First Day of May One thousand six hundred ninety eight shall and may then and so from time to time in every Yeare nominate and appoint a convenient number of sufficient and able Persons residing & inhabiting in the Parishes or Places adjoining to the respective ruinous High-way and Road or any Part thereof so to be amended as aforesaid to be the several and respective Surveyors of the respective Places aforesaid for the Yeare from thence next ensuing and that the said Justices shall cause Notice to be given to the several Surveyors so chosen in Writing of their said Choice which said Surveyors and every of them having no lawfull impedim[en]t to be allowed by the said Justices by whom they shall be chosen in manner aforesaid or any Two of them within one Week next after such Notice to him or them given of their Election shall and are hereby required respectively to meet in some convenient place within their several and respective Divisions for the which they are respectively appointed Surveyors to the Intent to Review and Survey the said respective ruinous places and consider the defects thereof and the best Method and Means that can be used for the repairing the same & make their respective Certificates thereof to the Justices of the Peace att the next Quarter Sessions to be held for the said County who thereupon shall and may make such Order & Orders in and about the same as to them shall seem good which said Order or Orders so to be made shall be by the said respective Surveyors and all other Persons concerned in putting this Act in Execution duely observed & performed and the said respective Surveyors are hereby impowered to appoint and require such Carts and Persons who are within the said adjacent Parishes from time to time to come and work in the said respective Places as they shall think needfull for which the said respective Surveyors shall pay unto such Labourers and to the Owners of such Teams Carts and Wains according to the usual Rate of the Countrey in case they [shall (fn. 1) ] be required so to work beyond the times limitted by the Statutes now in force wherein if any Difference happen the same to be settled by Two or more of the next Justices of the Peace which is to be conclusive to all Parties.
II. If not sufficient Gravel, &c. within the Parish, Surveyors may dig, &c. in Waste of neighbouring Parish, without paying for the same; or in private Grounds, not being Gardens, &c, without paying; making Satisfaction for Damage, which may be settled by Quarter Sessions.
And be it further enacted by the Authority aforesaid That where there is not sufficient Gravel Sand or Stones within any Parish Towne Village or Hamlett wherein the said ruinous Places do severally lye to repaire the same itt shall and may be lawfull for the said Surveyors in their several and respective Places and such Person & Persons as they shall appoint to digg take & carry away any Gravel Sand or Stones out of the Wast or Co[m]mon of any neighbouring Parish Towne Village or Hamlett without paying any thing for the same and where there is not sufficient of such Materials in any Co[m]mons or Wast Ground thereunto neare adjoyning to digg in the several Grounds of any Person or Persons (not being an House Garden Orchard Yard or Meadow or Avenue to an House) where any such Materials are or may be found and from time to time to carry away such and so much thereof as the Surveyors in their respective Places shall adjudge necessary for the said Reparac[i]ons without paying any thing for such Materials save onely such reasonable satisfaction to the Owner or Occupier of the Ground where the same shall be so digged and carried away as for the Damage hee or they shall thereby sustaine to be assessed & adjudged by the said Justices of Peace att the Quarter Sessions for the said County in case of difference concerning the same.
III. Quarter Sessions to appoint Collectors of Tolls.
Rates of Toll; Persons required to pay such Tolls; Places appointed for collecting Tolls; Collector to give weekly Account to a Justice of Peace, upon Oath, to be returned to Quarter Sessions; Persons refusing to pay Toll; Collector may distrain, and detain Horse, &c. until Toll paid; together with Damages; Money received paid to Surveyor for mending Road.
And for defraying of the Charge in and about the Reparations to be done in the Places aforesaid Be it further enacted That the said Justices of the Quarter Sessions aforesaid shall and [may (fn. 1) ] choose and appoint One or more fitt Person or Persons to be Receiver or Receivers Collector or Collectors of such Su[m]m or Su[m]ms 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 Time to come shall passe be led or driven in or through the said Way as are hereafter in this Act limitted (that is to say) For every Horse One Penny For every Stage-Coach or Hackney-Coach One Shilling For every other Coach Calash or Chariott One Shilling For every Waggon Six Pence For every Cart Six Pence For every Score of Hogs or Pigs Three Pence and so for every greater or lesser Number proportionably not being under Five For every Score of Oxen or Neat Cattell Eight Pence and so 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 travel 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 to pay unto the said Collector or Collectors Receiver or Receivers of Toll in that behalfe from time to time to be appointed as aforesaid after the Rates aforesaid the Place for collecting the said Toll to be in some convenient Part or Place upon the said Highway betweene the Town of Birdlipp and City of Gloucester aforesaid by setting upp a Turnpike or Gate Turnpikes or Gates or otherwise as the Justices of the Peace for the said County or any Five of them shall appoint And further also That every Receiver or Collector appointed by the said Justices shall if required give in a Weekly Account upon Oath unto one or more Justices of the Peace who are hereby impowered to administer the same which said Account shall be duely returned to the Justices att the Quarter Sessions who shall examine the same and make such Order therein as to them shall seem meet according to the true meaning of this Act And in case any Person or Persons upon Demand made of Toll aforesaid by the Collector or Receiver in that behalfe appointed shall refuse or neglect to pay the same that then it shall and may be lawfull to and for the said Collector or Receiver to distraine & detaine such Horse Cart Coach Calash Chariot Waggon Oxen Hogs and other Cattle before mentioned until the said Toll [shall (fn. 1) ], be satisfied and paid according to the Tenor of this present Act together with such Damages as the Party or Parties so distraining shall sustaine in and about the making of the said Distresse or by the keeping thereof, which said Money so to be received shall be paid to the respective Surveyor or Surveyors for and towards the mending of the said ruinous Places in the said High-ways according to the true meaning hereof & not elsewhere.
IV. Surveyors, at the Quarter Sessions next after their Year, to account.
Surplus of Money to be paid to Successor.; Allowance to Surveyor, &c.; Collector not paying to Surveyor, or Surveyor not accounting; Quarter Sessions, upon Confession of Party, or Oath of Two Witnesses, to proceed; Imprisonment until Account and Payment.
And be it further enacted by the Authority aforesaid That the said Surveyors & every of them att the Quarter Sessions next after the Determination of the Yeare for which they were chosen shall give an Account to the Justices att the said Quarter Sessions in Writing of all such Moneys as have been received by them and of all Disbursements made by them to the end that if there shall be any Overplus of the Money by them received the same may be paid to the Surveyors chosen or to be chosen for the Yeare ensuing to be by them disbursed towards amending the said Highway or repaying such Persons who shall beforehand lend Money thereto and not otherwise which said Justices shall out of the Benefitt of the said Toll make such reasonable Allowance to the said Surveyor or Surveyors for their Care and Pains in executing the said Offices and to such other Persons as shall have been asisting in amending the said Highways or advancing or laying out Moneys in relation thereunto as to them shall seem meet And in case the Collector or Receiver of the aforesaid Toll shall not upon request duely pay the same unto the said Surveyor or Surveyors for the time being or in case the said Surveyors or any of them shall not make such Account and Payment unto the several Person and Persons according to the Order Direction & Appointment of the said Justices as aforesaid that then the said Justices att any Quarter Sessions to be holden for the said County shall make enquiry concerning such Default as well by Confession of the said Parties themselves as by Testimony of two or more credible Witnesses upon Oath which Oath they are hereby impowered to administer and if any Person or Person shall be thereof convicted the said Justices upon such Conviction shall co[m]mitt the Party or Parties so convict to the co[m]mon Goal of the said County there to remayne without Bayl or Mainprize until hee or they shall have made a true and perfect Account and Payment as aforesaid.
Surveyor, on Order of Five Justices, may mortgage the Tolls, pursuant to 3 & 4 W.& M.c.12. and any other Act, by Indenture, as herein mentioned, for a Term not exceeding Fifteen Years; Money so advanced distributed by Quarter Sessions.
And forasmuch as the Moneys so to be collected by such Receipt of the said Toll may not att present raise such a Stock or Su[m]m of Money as may be sufficient for the speedy repairing of the said Highway itt is hereby further enacted That the said Surveyor or Surveyors are hereby enabled by Order of the Justices of the said County or any Five of them to ingage the p[ro]ffitts ariseing by the said Toll and a Levy made upon the Parishes in which the said High-way or any Part thereof doth lye pursuant to an Act made in the Third and Fourth Yeare of His Majesties Reigne intituled An Act for the better repairing and amending the Highways and for settling the Rates of Carriage of Goods or by any other Act whatsoever for such Su[m]m or Su[m]ms of Money by him or them [to be (fn. 2) ] borrowed for that Purpose and by Indenture under the Hands and Seales of the said Surveyor or Surveyors for the time being to transferr the said Proffitts of the said Toll and Levy and to grant and convey the same for any Time or Terme not exceeding Fifteene Yeares unto any Person or Persons that shall or will upon that Security advance any present Su[m]m or Su[m]ms of Money so lent with Interest for the same which said Money so advanced shall be distributed by the Justices att the Quarter Sessions or any Persons giving Security to the said Justices to repaire and amend the said High-way in the Proportions and for the Purposes aforesaid and not otherwise.
VI. Persons nominated Surveyors, refusing to serve
Quarter Sessions may fine them; Fine levied by Distress; Persons appointed by Two Justices to serve in the Room of Surveyor dying, liable to the said Provisions.
And be it further enacted by the Authority aforesaid That if any Person or Persons not having any lawfull Excuse to be 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 or performe his or their Duty in the due and speedy Execution of this Act the said Justices att their Quarter Sessions shall and have hereby full Power and Authority to impose upon the Person or Persons so refusing or neglecting such Fine or Fines upon each Person not exceeding Five Pounds as to them shall seem meet and to cause the same to levied by Distresse and Sale of the Goods of the Person or Persons so refusing or neglecting rendering to the Party the Overplus if any shall be and then and in such Case or in case of the Death of any of the said Surveyors some other Person or Persons shall be appointed by Two or more Justices of the Peace that live neare to the Party or Parties so dying refusing or neglecting and such other person or Persons so to be appointed by the said Justices are hereby required to execute their said Offices in such manner and under such Penalties as if they had been chosen by the Justices att their Sessions of the Peace as aforesaid.
VII. Fines applied to Repair of Road.
And be it further enacted by the Authority aforesaid That all Fines and Forfeitures to be imposed by this Act shall be paid to the Surveyor or Surveyors for the time being for and towards the repaireing of the said ruinous Places in the said High-wayes according to the true Meaning of this Act.
VIII. Actions for executing Act to be laid in the County of Gloucester; General Issue may be pleaded.
And be it further enacted by the Authority aforesaid That if any Suit shall be co[m]menced against any Person for any thing done in pursuance of this Act that in any such Case the said Action shall be laid in the said County of Gloucester and not elsewhere and the Defendant in such Action may plead the General Issue and give this Act and the special Matter in Evidence att any Tryal to be had thereupon and that the same was done in pursuance and by the Authority of the said Act and if itt shall soe appeare to be done or that such Action shall be brought in any other County that then the Jury shall find for the Defendant and upon such Verdict or if the Plaintiff shall become nonsuit or discontinue his Action after the Defendant shall have appeared or if uppon Demurrer Judgment shall be given against the Plaintiff then the Defendant shall have and recover his double Costs & Charges and have the like Remedy for the same as any Defendant hath in other Cases by Law.
IX. Persons returning the same Day not to pay Toll a second Time.
Proviso for Persons coming From adjoining Parish with Stones, &c.; Carts, &c. with Hay not sold, or going to Market, &c. to pass Toll free; and Soldiers, Baggage Waggons, Persons travelling Post.
Provided always That no Person or Persons having occasion to passe where the Toll is taken and returne the same Day with Coach Waggon or other Carriage or with Cattle shall be compelled the same Day to pay the said Toll a Second Time And further also that all and every Person and Persons passing through the Place appointed for receiving the Toll aforesaid and coming from any Parish next adjoining to the said Road shall have a Liberty to carry any Quantity of Stones Lime or Gravel Dung Mould or Compost of any nature or kind whatsoever And that all Carts with Hay nott sold or going to any Markett or Corne in the Straw att Hay time or Harvest Ploughs Harrows and other Implements of Husbandry and Stock of Cattle belonging to the Lands of the respective Parishes shall passe to and fro through the said Place where the said Toll is to be received as aforesaid without paying any thing for their respective passing through the same And that it shall also be lawfull for all and every Soldier and Soldiers upon their March and all Carts Waggons and Coaches attending them & all Persons Riding Post to passe through the said Place without paying any thing for their passing Any thing contained herein to the contrary in any wise notwithstanding.
X. Persons already chargeable towards Repair of Roads to remain so.
Provided also That all and every Person & Persons who by the Law are chargeable towards the repairing the said Highways shall still remaine chargeable and shall doe their respective Works in the Highways as before they were by Law to doe Any thing aforesaid to the contrary thereof notwithstanding.
XI. Continuance of Act.
If ruinous Places repaired before Expiration of Term, and Monies borrowed repaid, Toll to cease.
Provided also That this Act nor any thing therein contained shall extend to any further time or be in force any longer than the terme of Twenty Yeares to be accounted from the Foure and twentieth Day of June One thousand six hundred ninety eight And also that if att any time before the Expiration of the said Terme aforesaid the ruinous Places in the said Highways shall be sufficiently amended and repaired and so adjudged by the Justices of the Peace of the said County att their Quarter Sessions that then from and after such Adjudication made & Repayment of such Moneys as shall have been borrowed the aforesaid Toll shall cease and determine Any thing herein contained to the contrary thereof notwithstanding.
XII. No Turnpike to be erected or Toll demanded till Security given that Roads shall be sufficiently repaired within Five Years.
And to the end the Passengers who pay the Toll by virtue of this Act may be secured to receive benefitt by the said Highway being putt in sufficient Repaire Be it further enacted by the Authority aforesaid That no Turnpike shall be erected nor Toll demanded by virtue of this Act until sufficient Security shall be given by able and sufficient Persons to the Justices of the Peace or any Five of them att the Quarter Sessions of the Peace held for the County of Gloucester that the said Highway shall within Five Yeares be sufficiently repaired & amended Any thing in this Act to the contrary in any [wise (fn. 3) ] notwithstanding.
XIII. Persons giving such Security to levy 6d. in the Pound upon Parishes in which the Highways lie; and to cause Stat. 3& 4 W.& M.c.12. to be executed.
If Toll and Levy not sufficient, Persons so giving Security may make further Assessment; Distress; Persons giving Security not executing, this Act, Penalty.
And to the end the Persons so giving Security may be the better enabled to repaire & amend the said Highway Be it further enacted by the Authority aforesaid That the said Persons so giving Security shall have full Power and Authority and are hereby required to levy for the space of Twenty Yeares from and after the Foure and twentieth Day of June One thousand six hundred ninety and eight the Su[m]m of Six Pence in the Pound together with all the Arreares thereof on all the Parishes in which the said Highway or any part thereof doth lie towards the repairing the said Highway and that they cause to be done and performed by the Parishioners within the said Parishes all such things as are required to be done and performed by an Act made in the Third & Fourth Yeares of His Majesties Reigne intituled An Act for the better repairing and amending the Highways and for settling the Rates of Carriage of Goods or by any other Act whatsoever And in case the Toll required to be collected by this Act together with the Su[m]m charged on the said Parishes shall not be sufficient to putt the said Highway in sufficient repaire within the time limitted by this Act the said Persons so giveing Security have hereby full Power & Authority to cause to be assessed levied and collected the Su[m]m of Two Pence in the Pound on the Hundred and Hundreds in which the said Highway or any part thereof doth lie which said Assessments of Two Pence in the Pound shall be levied by Distresse and Sale, of the Goods of the Person so assessed (not paying the same within Ten Days after demand) rendring to the Owner the Overplus if any shall be and in case the said Persons so giving Security shall neglect or refuse to doe and performe what is required by virtue of this Act to be done and performed by them they shall forfeit for such their Offence the Su[m]m of One hundred. Pounds every Yeare to such Person or Persons who shall sue for the same.
XIV. If Highway not sufficiently repaired the same to be certified by Justices. Penalty £500 on Persons giving such Security.
And to the end the designe of this Act may no ways be evaded Be it further enacted by the Authority aforesaid That such Persons having so given Security in case the said Highway shall not be sufficiently repaired or certified, so to be by the Justices of the Peace for the County of Hereford or any Ten of them under their Hands and Seales by the time for which Security was given it should be so repaired & amended over and above the Su[m]m or Su[m]ms they shall be bound for shall forfeit the Su[m]m of Five hundred Pounds One Moiety thereof to be applied to the repairing and amending the said Highway the other Moiety thereof to such Person or Persons who shall sue for the same by Action of Debt Bill Plaint or Information in any of His Majesties Courts att Westminster wherein no Essoigne Protection or Wager of Law shall be allowed nor more than one Imparlance.
Toll not to be demanded unless Security approved by Five Justices for County of Hereford.
And forasmuch as most of the Persons liable to pay the Toll by virtue of this Act are not Inhabitants of the County of Gloucester and that other Counties ([& (fn. 4) ] especially the County of Hereford) are greatly chargeable therewith the said Highway being the Road from the several Parts of the said County to the City of London Be it therefore enacted by the Authority aforesaid That the Toll shall not be demanded by virtue of this Act unlesse the Security given to the Justices of the Peace att the Quarter Sessions for the County of Gloucester or any Five of them shall be approved of by Five Justices of the Peace for the County of Hereford under their Hands and Seales Any thing in this Act to the contrary notwithstanding.