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;
and give Notice to Persons chosen; who are to meet within one Week after Notice, to view, &c.; and make Certificates to the next Quarter Sessions, and Order to be made and executed thereupon; Surveyors to appoint Carts and Persons to work, and pay for the same; Two Justices may settle the same.
Whereas the greatest Part of the Highway between Shenfeild & Ingatestone Towne and between Kelvedon & Stannaway co[m]monly called Domesey Road and from Stirwood to Harwich being Part of the Ancient Highway and Post Road leading from London to Colchester and so to Harwich aforesaid and also of the Road between Colchester aforesaid and Langham called the Severalls and also the Road called Bulmer Tye and Armsey Road in Bulmer leading to Ballingdon in the County of Essex by reason of the great and many Loads which are Weekly drawne through the same are become very ruinous and almost impassable insomuch that it is become very dangerous to all Persons that passe those Ways and for that the ordinary Course appointed by the Laws and Statutes of this Realme is not sufficient for the effectual repairing & amending the same neither are the Inhabitants of the several and respective Parishes in which the said ruinous Places of the said Roads doe lie of Ability to repaire the same without some other Provision of Monies to be raised towards the putting the same into good and sufficient Repaire there being also noe Stone Gravel or other Materials fitting for the mending thereof to be had but att great distance from the said respective Places. For Remedy whereof and to the intent the same may be forthwith effectually repaired and amended and from time to time hereafter kept in good repaire may itt 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 Spiritual and Temporal and the 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 of the said ruinous Places in the said Roads the Justices of Peace att the Quarter Sessions to be holden for the said County next after the passing of this Act 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 and inhabiting in or neare to the respective ruinous Places of the said Roads so to be amended as aforesaid to be the several & 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 view and survey the said respective ruinous Places and consider the Deffects thereof and the best Method and Means that can be used for the repairing and also the several Su[m]ms that will be necessary for making good the same and make ther 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 and 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 and performed And the said respective Surveyors are hereby impowered to appoint & require such Carts and Persons who are liable to work in the Highways by the Statutes already in force from time to time to come and work in the said respective Places as they shall think needful and appoint 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 Country wherein if any difference happen the same to be settled by the Two next Justices of the Peace which is to be conclusive to all Parties.
II.How far Persons compellable to travel and when to work.
Provided neverthelesse That no Person be compellable by this Act to travel above Foure Miles from his Dwelling House nor to work above Two Days in any one Week nor att any time in Seed Time Hay Time or Corne Harvest.
III. Surveyors, where necessary, may dig Gravel, &c. in Wastes, &c. of neighbouring Places;
And be it further enacted by the Authority aforesaid That where there is not sufficient Gravel Chalk Sand or Stones within any Parish Towne Village or Hamlett wherein the said ruinous Places doe 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 or Persons as they shall appoint to digg take and carry away Gravel Chalk Sand or Stones out of the Waste or Co[m]mon of any neigbouring Parish Towne Village or Hamlett without paying any thing for the same [for amending the same (fn. 1) ] or where there is not sufficient of such Materials in any Co[m]mon or Waste Ground thereunto neare adjoyning to digg in the several Grounds of any Person or Persons (not being an House Garden Orchard Yard Meadow or Park stored with Deer Avenues and Planted Walks) 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 Reparations 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 carriedaway as for the Damage hee or they shall thereby sustaine to be 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 Materials shall be digged and carried away for the Reparations aforesaid shall with all convenient Speed if adjudged by the said Justices of Peace as aforesaid or desired by the Party owning such Ground be filled upp and levelled with Earth or other Materials.
IV. Quarter Sessions to appoint Receivers of Tolls.
Tolls; Persons required to pay such Tolls; Where Toll House or Turnpike to be; Receiver to give a Weekly Account of Tolls on Oath to Justices, to be returned to Quarter Sessions to be examined, and Order made thereon; Persons refusing to pay Toll; Horse, &c. may be detained by Receiver of Toll; Damages; Application of Money received.
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 att the Quarter Sessions aforesaid shall and may 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 Cattle as in time to come shall passe be led or droven 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 Six pence For every other Coach Calash or Chariot Six pence For every Waggon One shilling For every Cart Eight pence For every Score of Sheep or Lambs One penny and so proportionably for every greater or lesser Number For every Score of Calves Three pence For every Score of Hoggs Three pence and so for every greater or lesser Number of Calves or Hoggs proportionably not being under Five For every Score of Oxen or Neat Cattle Six 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 Sheep or other Cattle before mentioned in and through the Highway 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. Place upon the said Highway between Brentwood and Ingatestone aforesaid by setting upp a Turnpike or otherwise as the Justices of the Peace att the next Quarter Sessions to be held for the said County next after the passing of this Act shall direct and appoint But in the meane time until the said Quarter Sessions shall happen Itt is hereby enacted That Two Justices of the Peace who live neare to Shenfeild aforesaid shall and may order a Turnpike to be sett upp att or neare to Mountnessing and appoint one or more Person or P[er]sons to be Receiver or Receivers Collector or Collectors of the said Toll there who shall give in a Weekly Account thereof upon Oath to the said Justices of Peace or one of them who shall truely returne the same to the next Quarter Sessions and all the Money so to be collected shall be paid for the purposes appointed by this Act as the Justices of Peace att the said Quarter Sessions shall direct And further also That every Receiver or Collector to be afterwards appointed by the Justices of the Peace att the Quarter Sessions for the receiving of the said Toll shall give in a Weekly Account upon Oath unto one or more Justices of the Peace that lives neare to Shenfeild aforesaid (which Oath they are hereby impowered to administer) which said Accompt shall be duely returned to the Justices of Peace att the next Quarter Sessions who shall thereupon examine the same and make such Orders 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 to be appointed) shall neglect or refuse to pay the same That then it shall and may be lawfull' to and for the said Collector or Receiver appointed for Receipt of the said Toll upon such Refusal to distraine and detaine such Horse Cart Coach Calash Charriott Waggon Oxen or other Cattle before mentioned or any of them until the said Toll shall 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 Moneys so to be received shall be paid proportionably to the said respective Surveyors for & towards the Amendment of the said Ruinous Places in the said Highways according to the true Meaning hereof and not elsewhere.
V. Surveyor to give Account yearly to Quarter Sessions next after Easter;
and to pay Overplus to Successor; Application thereof; Quarter Sessions to make Allowance to Surveyors and other Persons; Receiver of Toll not paying to Surveyor and Surveyor not accounting; Quarter Sessions may proceed, and on Conviction may commit Party to the Common Gaol.
And be it 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 be holden next after Easter in every Yeare shall make and yeild upp unto the said Justices of Peace there to be assembled a p[er]fect Account in Writing under their Hands of all the Moneys which they or any of them have received from the said Collector or Receiver of Toll and likewise of all their Disbursements in and about the said Highway or otherwise by reason of their Offices and in case any Overplus of Money so received remaine in theire Hands shall pay the same to the Surveyors to be chosen for the Yeare ensuing to be disbursed and laid out in mending the said Roads according to the true Meaning of this Acts and not elsewhere which, said Justices to whom such Account shall be 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 their Care and Pains taken in Execution of their Offices and to such other Person or Persons who have been or shall be assisting in and about procuring the said Highways to be amended as aforesaid by advancing or laying out any Moneys or otherwise relating thereto as to them shall seem good And in case the Collector or Receiver of the aforesaid Toll so to be paid as aforesaid shall not upon Request duely pay the same unto the said Surveyors for the time being so to be appointed as aforesaid 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 and 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 Persons 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 Gaol of the said County there to remaine without Bail or Mainprize until hee or they shall have made a true and perfect Account and Payment as aforesaid.
VI. Surveyors, or major Part of them, under Order of Quarter Sessions, may borrow Money on the Tolls;
And forasmuch as the Moneys so to be collected by such Receipt of the said Toll will not att present raise such a Stock or Su[m]m of Money as may be sufficient for the speedy-repairing of the Premisses Itt is hereby further enacted That the said Surveyors or the more part of them are hereby enabled by Order of the said Justices to be made att the Quarter Sessions and not otherwise to engage the Proffitts ariseing by the said Toll for such Su[m]m or Su[m]ms of Money by them to be borrowed for that purpose and by Indenture under the Hands and Seales of the said Surveyors for the time being or the more part of them to transferr the said Proffitts of the said Toll 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 after the Rate of Six Pounds per Cent[um] per Annum for every Hundred Pounds which said Money so to be advanced shall be distributed by the Justices att the Quarter Sessions in the Proportions and for the Purposes aforesaid and not otherwise.
VII. Persons chosen refusing, &c. to act as Surveyors,
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 and performe his or their 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 so refusing or neglecting such Fine or Fines not exceeding Five Pounds upon each Person so refusing as to them shall seem meet and to cause the same to be levied by Distresse and Sale of his or their Goods rendring 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 Peace that live nearest to the Party or Parties so dyeing 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.
VIII. Penalties to be paid to Surveyors and applied to Highways.
And be it further enacted by the Authority aforesaid That all Fines and Forfeitures to be imposed or incurred by virtue of this Act shall be paid to the Surveyors for the time being for and towards the repairing of the said ruinous Places in the said Highways according to the true meaning 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. In Suits for executing Act Action to be laid in Essex, and 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 present Act that in every such Case the Action shall be laid in the said County of Essex and not elsewhere and the Defendant in such Action to be brought may plead the General Issue and give this Act and the Special Matter in Evidence at any Tryal to be had thereupon and that the same was done in pursuance and by the Authority of the said Act And if it shall so 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 Plaintiffe shall be nonsuited or discontinue his Action after the Defendant shall have appeared or if upon Demurrer Judgement shall be given against the Plaintiffe the said Defendant shall have and recover his Double Costs and have the like Remedy for the same as any Defendant hath in other Cases by Law.
X. In what Cases Double Toll on the same Day not payable.
Provided always That no Person or Persons having occasion to passe the Place where the Toll is taken & returne the same Day before Eight of the Clock att ( (fn. 2) ) Night between the Months of September and February and before Ten of the Clock att Night dureing the other Months of the Yeare with the same Horse 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 the receiving the Toll aforesaid and coming from any Parish next adjoining to the said Road shall have a liberty to carry any quantityes of Stones Sand Lime or Gravel Dung Mould or Compost of any Nature or Kind whatsoever Brick or Chalk 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 Hay time or Harvest Ploughs Harrows and other Implements of Husbandry and all other things whatsoever imployed in the husbanding stocking & manuring of their several and respective Lands in the said several and respective Parishes shall passe to and fro through the said Place where such Toll is to be received as aforesaid without paying any thing for their respective passing through the same And that it shall and may be lawfull also for all and every Soldier and Soldiers upon their March and all Carts and Waggons attending them and all Persons riding post to passe through the said Place where the said Toll is to be collected without paying any thing for their passing Any thing in this Act contained to the contrary thereof in any wise notwithstanding.
XI. Persons heretofore chargeable to Repair of the Highways to continue so.
Provided also That all and every Person and Persons who by Law are chargeable towards repairing the said Highways shall still remaine so chargeable and doe their respective Works in the said Highways as before they used to doe therein Any thing aforesaid to the contrary thereof notwithstanding.
XII. Continuance of Act.
Provided also That neither this Act nor any thing herein contained shall extend to any further time or be of force any longer then the Terme of Fifteene Yeares to be accounted from the passing of this Act And also That if att any time before the Expiration of the Fifteene Yeares 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 and 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.