Statutes of the Realm: Volume 7, 1695-1701. Originally published by Great Britain Record Commission, s.l, 1820.
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Recital that the Lanes herein mentioned are in a ruinous and dangerous State; and that the several Parishes were unable of themselves to repair the same.
Justices on Special Sessions held pursuant to 3 W. & M. c. 12. to appoint Surveyors of the Highways yearly; Surveyors to meet in 10 Days after Election,; within their Divisions, to view the Lanes,; and certify; Orders of Sessions to be observed. Carts and Persons liable to work, and to be paid the Rate of the Country.; Differences settled by Two Justices.
Whereas the High-way betweene Ryegate in the County of Surrey & Crawley in the County of Sussex (that is to say) the Lanes leading from Woodhatch Borough to Sidlow Mill and Salmons Crosse in the said Parish of Ryegate and the Lanes called Horsehill and Bonehurst ats Borners and Petteridge in the Parish of Horley in the said County of Surrey being the Road from Stenning Horsham & other Parts of great Trade and Co[m]merce in the County of Sussex to London are very ruinous and almost impassable for above three Miles in length insomuch that it is become dangerous to all Persons that passe those ways and for that the ordinary course appointed by the Laws and Statutes of this Realme now in force is not sufficient for the effectual repairing and amending the same neither are the Inhabitants of the several and respective Parishes in which the said ruinous Lanes do lye of ability to repaire the same without some other Provision be made for repairing thereof there being also no Materials for the amending 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 kept in good repaire 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 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 & keeping in repaire of the said ruinous Places in the said Roads or Lanes the Justices of the Peace att their next special Sessions to be holden for the said County pursuant to an Act made in the Third and Fourth Yeares of the Reigne of His present Majesty and the late Queen intituled An Act for the better repaireing or amending the High-ways shall and may then and there and so from time to time in every yeare no[m]i[n]ate and appoint a convenient number of sufficient and able Persons Inhabitants of the Parish or Place aforesaid to be the several and respective Surveyors of the respective Places aforesaid for the yeare from thence next ensuing and in default of such Surveyors that the said Justices att their special Sessions may appoint such other Person or Persons to be Surveyors who shall be willing to accept of the said Office and that the said Justices shall cause notice to be given to the several Surveyors so chosen in Writing of the said Choice which said Surveyors and every of them (having no lawfull Impediment to be allowed by the said Justices by whom they shall be chosen in manner aforesaid or any Two of them within ten Days next after such Notice to him or them given of their Election) shall and are hereby required to meet in some convenient Place within their respective Divisions for the which they are appointed Surveyors to the intent to view and survey the said respective Lanes and consider the Defects thereof and the best method and means that can be used for the repairing and also the several Su[m]ms of Money that will be necessary for making good the same and make their respective Certificates thereof to the Justices of Peace att the next special Sessions to be held as aforesaid 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 p[er]sons concerned in putting this Act in Execuc[i]on duely observed and performed and the said respective Surveyors are hereby impowered to appoint and require such Carts and Persons (who are liable to work in the High-ways by the Statutes already in force) from time to time to come and work in the said respective Places as they shall think needfull 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 Countrey wherein if any difference happen the same to be settled by Two or more Justices of the Peace next thereunto which is to be conclusive to all Parties.
II. If not sufficient Gravel, Chalk, &c.
Surveyors may dig out of neighbouring Common, paying for the same; Damage to be assessed by Sessions, and Pits filled up again if desired, &c.
And be it further enacted by the Authority aforesaid That where there is not sufficient Gravel Chalk Sand or Stones within any Parish Towne Hamlett or Village wherein the said ruinous Places do severally lie to repaire the same it 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 if the said Justices of the Peace shall direct the same out of the Waste or Co[m]mon of any neighbouring Parish Towne Village or Hamlett paying a reasonable Satisfaction for the same Materials to the Person or Persons that have right to the Soyl where the same shall be so digged and carried away and for such Damage hee or they shall thereby sustaine to be assessed and adjudged by the said Justices att the next special Sessions for the said County in case of difference concerning the same and that the Pitts & 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.
III. Sessions to appoint a Receiver of the Toll.
The Rates to be paid for Horses, Carts, &c; All Persons to pay Rates to Collector; Place for collecting Toll to be on the Highway, and a Turnpike set up; Collector to give in a monthly Account on Oath; Sessions to examine same; Refusing to pay the Toll, Collector to distrain; Distress paid to Surveyors.
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 their special 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 Coaches Carts Waggons Droves and Gangs of Cattle as in 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 six Pence for every Cart six Pence for every score of Sheep or Lambs one Penny and so proportionable for every greater or lesser Number for every score of Calves two Pence for every score of Hoggs two 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 Cattell six Pence and so for every greater or lesser Number proportionably And that from and after the passing this Act all & ( (fn. 2) ) Person and Persons who shall travel or passe with Horse Coach Cart or Waggon or that shall passe lead or drive any Oxen Sheep or other Cattel 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 or Places for collecting the said Toll to be in some convenient Place upon the High-way in or neare the said Lanes by setting upp a Turnpike or Gate Turnpikes or Gates there as the Justices of the Peace att the next special Sessions to be held for the said County next after the passing this Act shall direct and appoint and the Person or p[er]sons Receiver or Receivers Collector or Collectors appointed as aforesaid for the receiving of the said Toll shall give in a true monthly Account upon Oath unto one or more Justices of the Peace that lives neare to the Lanes aforesaid (which Oath they are hereby impowered to administer) which said Account shall be duely returned to the Justices of the Peace att the next Special Sessions to be holden for the Hundred aforesaid 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 Chariott Waggon Oxen or other Cattle before mentioned or any of them until the said Toll shall be satisfied and paid according to the Tenour of this present Act together with such Damags as the Party or Parties so distraining shall sustaine in and about the making the said Distresse or by the keeping thereof Which said Moneys so to be received shall be paid proportionably to the said Surveyors for and towards the Amendment of the said Lanes according to the true meaning hereof and not elsewhere.
IV. Surveyors to account to Sessions for Monies received from Collectors, and of Disbursements.
Overplus paid to Surveyors for Year ensuing.; Allowance to Surveyors. Collectors or Surveyors not making Payment; Sessions to enquire of Default; and on Conviction, commit to Gaol.
And be it furthere enacted by the Authority aforesaid That the said Surveyors and every of them att the first special Sessions to be holden for the said Division by force of the said recited Act shall make and yeild up unto the said Justices of the Peace there to be assembled a perfect Account in Writing under their Hands of all Moneys which hee they or any of them have received from the said Collector or Receivor of Toll and likewise of all their Disbursements in and about the said Highway or otherwise by reason of their Offices and in case of any Overplus of Money so received remaine in their 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 Lanes according to the true meaning of this Act and not elsewhere which said Justices to whom such Account shall be given att the said Special Sessions shall out of the Benefitt of the said Toll make such Allowance unto the said Surveyors or Surveyor for and in considerac[i]on of their Care and Pains taken in Execution of their Offices and to such other Person and Persons who have been or shall be assisting in and about procuring the said High-ways 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 & Payment unto the several Person & Persons according to the Order Direcc[i]on and Appointment of the said Justices as aforesaid that then the said Justices att any such Special Sessions to be holden for the said Division shall make Inquiry concerning such Default as well by Confession of the said p[er]ties 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[Goal (fn. 3) ] 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:
Surveyors, on Order of Sessions, may engage Toll for Loans at £6 per Cent. per Ann.: and grant same for 15 Years; Money lent to be distributed by Sessions.
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 be made att such Special Sessions and not otherwise to engage the Profitts arising by the said Toll for such Su[m]m or Su[m]ms by them to be borrowed for that purpose and by Indenture under the Hands and Seals of the said Surveyors for the time being or the more part of them to transferr the said Profitts of the said Toll and to grant and convey the same for any time not exceeding Fifteen Yeares unto any person or persons that shall or will upon that Security advance any present Su[m]m or Sum[m]s 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 such Special Sessions in the proportions and for the purposes aforesaid and not otherwise.
VI. Persons refusing to be Surveyors, or to do their Duty,
Penalty; Distress; On Death of Surveyor, Two Justices may appoint another.
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 do and performe his or their Duty in the due and speedy Execution of this Act the said Justices att such Special 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 such person or persons 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 any such case or in case of the death of any of the said Surveyors some other person or persons shall be appointed as aforesaid by Two or more Justices of Peace that live nearest 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 special Sessions as aforesaid.
VII. Fines paid to the Surveyors.
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 Lanes according to the true meaning of this Act and not to any other p[er]son or persons or to or for for any other use or uses intent or purpose whatsoever.
VIII. Actions for executing Act to be laid in Surrey.
General Issue; If brought in any other County, Jury to find for Defendant Double Costs, &c.
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 Surrey not elsewhere and the Defendt. in such Action to be brought may plead the general Issue and give this Act and the special Matter in Evidence att any Tryal to be had thereupon & 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 & recover his double Costs and have the like Remedy for the same as any Defendant hath in other Cases by Law.
IX. No Second Toll for the same Day.
In what Case Persons in neighbouring Parishes may carry Stones, &c. and Hay Carts, &c. in Hay Time, &c. Toll-free; Soldiers on March with Waggons, and Persons riding Post, Toll-free.
Provided always that no person or persons having occasion to passe the place where the Toll is taken and return the same day before Eight of the Clock att 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 Cart or other Carriage or with other Cattel 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 adjoyning to the said Lanes respectively shall have liberty to carry any quantities 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 husbandring stocking and manuring of their several and respective Lands in the said several and respective Parishes shall passe 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 & Soldiers upon their March and all Carts and Waggons attending them and all p[er]sons riding Post to passe through the said Places 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.
X. Persons chargeable for repairing Highways to remain so.
Provided also That all and every person and persons who by Law are chargeable towards the repairing the said Highways shall still remaine so chargeable and do their respective Works in the said High-ways as before they used to do therein Any thing aforesaid to the contrary thereof notwithstanding.
XI. Act to be in force for 20 Years.
Toll to cease after sufficient Reparation, and Monies repaid.
Provided also That neither this Act nor any thing herein contained shall extend to any further time or be of force any longer than the terme of Twenty Yeares to be accounted from the passing of this Act And also that if any time before the expiration of the Twenty Yeares aforesaid the said Lanes shall be sufficiently amended and repaired and so adjudged by the Justices of the Peace of the said County att the Quarter Sessions to be holden for the said County that then from and after such Adjudication made and Repayment of such Monies as shall have been borrowed the aforesaid Toll shall cease and determine Any thing herein contained to the contrary thereof notwithstanding.
XII. Quarter Sessions for Surrey and Sussex may appoint yearly Three Persons of each County to survey ruinous Lanes, and examine Surveyors' Accounts.
If Misapplication of Monies, &c. Judges of Assise to determine the same.
And be it further enacted by the Authority aforesaid That it shall and may be lawfull to and for the Justices of the Peace att their General Quarter Sessions to be holden for the County of Surrey and also the Justices of the Peace att the General Quarter Sessions to be holden for the County of Sussex yearely and every yeare after the Feast of the Epiphany if they think fitt to appoint Three Persons of each County respectively to survey and view the said ruinous Lanes and Ways and to examine the Accounts of the Surveyors of the same Lanes and Ways by this Act from time to time appointed and the Duties and Tolls received in pursuance of this Act and to enquire how the Monies so received have been from time to time employed and laid out in pursuance of this Act and in case they find any Misapplication of the Moneys levied by this Act or any Abuses of the Powers and Authorities to them limitted as aforesaid thereupon to certifie the same to the Judges of Assize att the next Assizes to be held for the said County of Surrey who are hereby authorized and impowered to heare examine and finally determine the same without any further or other Appeal.