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Repeated 13 & 14. G. 3. z. 23. S. I. save fee. Ist.
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II. And for the more effectually repairing the publick roads, or for making of new roads where necessary in this kingdom, be it further enacted by the authority, aforesaid, That from and after the first day of July one thousand seven hundred and sixty six it shall be lawful for the grand jury of any county at the assizes, or for the grand jury of the county of Dublin in Hillary and Trinity terms every year, to present such sum or sums of money, as they shall think fit, upon any barony or baronies in such county for the repairing old roads or making new roads through such barony or baronies, and also for the wages of the overfeer or overfeers of every such road not exceeding three pence for each perch, so to be by him repaired according to this act.
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III. Provided that no money shall be so presented for the repairing any old road, unless an affidavit shall be previously made by two credible persons, who can read and write, before one of the judges of assize, or before two justices of the peace for the said county, or before one of the judges of his Majesty’s court of King’s Bench if for the county of Dublin, who are hereby impowered to administer the same in the following form;
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County of __ VOL. IX.}
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A. B. __ and C. D. of ___ do swear, that they have lately viewed and measured ___ perches of the road from __ to __ between __ and __ all in the barony of __ in the said county; and that it will require the sum of __ sufficiently to repair and make the said __ perches __ feet wide, with stones and gravel, being at the rate of __ by the perch, which, they verify believe, is the least the said __ perches can be sufficiently repaired for.
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Which affidavit the clerk of the crown of such county is hereby required to file and keep amongst the records of such county; and that no money shall be paid on account of any such presentment by the treasurer of any county, until the affidavit of one of the overfeers appointed by the grand jury, sworn before one of the judges of assize or judges of the court of King’s bench and in the following form, shall be allowed by the grand jury and by the judges of assize or court of King’s bench;
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County of ____}
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Whereas the sum of ___ was presented by the grand jury of the said county of ___ at ___ in the year ___ to be expended in repairing ___ perches of the road from __ to __ between __ and ___ being at the rate of __ by the perch: Now I __ of __ one of the overfeers appointed by the grand jury for the said road do swear, that I have faithfully and honestly expended the sum of ___ in repairing ___ perches of the said road: and that the said __ perches were effectually repaired by me as aforesaid; which sum, with my wages at ___ a perch, amounts in the whole to the sum of __ and that every part of the said read, which bath been so repaired, bath been made fourteen feet wide at the least, with Stones or gravel, and is twenty one feet wide in the clear within the ditches, drains, or fences;
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Which affidavit the clerk of the crown for the county, where the same shall be made, is hereby required to file and keep amongst the records of the said county.
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IV. Provided that money shall be so presented for the making any new road, unless an affidavit be first made by two credible witnesses, who can read and write, sworn before two justices of the peace for the county, where the road to be made lies, who are hereby impowered to administer the same, or before one of the judges of assize or judges of the court of King’s bench; which affidavit shall be in the following form:
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County of ____}
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A. B. of ___ and C. D. of ___ do swear, that they have lately viewed and measured ___ perches of a new road lately laid out from ____ to ___ between ___ and ___ all in the barony of ___ in the said county, and that it will require the sum of ___ to make the said ___ perches of road thirty feet wide in the clear, and fourteen feet wide at the least with stones or gravel, being at the rate of ___ by the perch, which, they verify believe, is the least, the said ___ perches can be sufficiently made for.
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Which affidavit the clerk of the crown for the county, where the same shall be made, is hereby required to file and keep amongst the records of the said county; and that no money shall be paid on account of any such presentment by the treasurer of any county, until the affidavit of one of the overfeers appointed by the grand jury, sworn before one of the judges of assize or judges of the court of King’s bench and in the following form, shall be allowed by the grand jury, and by the judge of assize, or judge of the court of King’s bench:
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County of ____}
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Whereas the sum of ___ was presented by the grand jury of the said county at ___ in the year ___ to be expended in making ___ perches of the road from __ to __ between ___ and __ being at the rate of ___ by the perch: Now I A. B. of ___ one of the overfeers appointed by the said grand jury de swear, that I have faithfully and honestly expended the sum of ___ in making ___ perches of the said road; and that the said ___ perches were effectually made by me as aforesaid; which sum with my wages at ___ per perch amounts to __ and that the said __ perches are made fourteen feet wide at the least with stones or gravel, and are thirty feet wide in the clear within the drains, ditches, or fences.
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Which affidavit the clerk of the crown for such county is hereby required to file and keep amongst the records of the said county.
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V. And be it further enacted by the authority aforesaid, That if it shall appear to the grand jury of any county at the assizes or to the grand jury of the county of Dublin in Hillary or Trinity term, by the affidavit of two credible persons, who can read and write, sworn before two justices of the peace, (who are hereby impowered to administer the same) or before one of the judges of assize, or one of the judges of the court of King’s bench, that any old road in such county is not twenty one feet wide in the clear of drains, ditches, or fences, except where such road is inclosed on each side by Walls five feet high or more, built with lime and stones or bricks, that then and in such cafe such grand jury may and is hereby impowered to present such old road to be widened to the breadth of twenty one feet in the clear, within the drains, ditches, or fences; and also such sum or sums of money, as shall appear to them by the affidavit of two credible persons, who can read and write, sworn as before, to be necessary to widen such road, and to make fences instead of those that shall be taken down or destroyed in order to widen such road, upon the barony in which the said road is.
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VI. And be it further enacted by the authority aforesaid, That it shall be lawful for the grand jury of any county at the assizes, and for the grand jury of the county of Dublin in Hillary or Trinity term, at the request of any person by presentment, in which such person’s name shall be inserted, to lay out new roads in more convenient lines from market town to market town, or from any market town directly to the sea, through the respective counties; and to describe and ascertain the lands and places, through which such new roads shall be made; maps of which roads shall be left with the the clerk of the crown to be kept amongst the records of the said county.
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VII. Provided that no part of such roads shall be made through the deer park of any person, or through any field inclosed with a wall five feet high or more, built with lime and stones or bricks, or through the house, offices, gardens, or orchards of six years growth of any person, who inhabits a house built with lime and stones or bricks, unless the consent of such person be first obtained: and provided it shall first appear to the grand jury and to the judge of assize or court of King’s bench, that notice hath been given to the treasurer of such county in writing, and posted upon the door of the county court house, by him or some person employed by him seven days at least previous to the assizes or sessions aforesaid; which notice shall set forth, that an application is intended to be made to the grand jury of such county for a presentment to make a new road through the lands of distinguishing each town land, and the barony through which the said new road is to be made: and also that another such notice hath been left with the owner or occupier of the land, through which such new road is to be made, or at the house of such owner or occupier, at least twenty one days previous to the assizes or sessions aforesaid; and that a map of such new road hath been also left with the treasurer along with such notice in order that such map may be inspected by any person, whom it may concern: and if the owner or occupier of any part of the land through which such new roads are intended to be made, or any freeholder of the county, shall think himself or herself aggrieved by such presentment, such owner, occupier, or freeholder may enter one or more traverse or traverses to such presentment; which traverse or traverses shall be tried at the next assizes or sessions aforesaid, unless good cause be shewn to the contrary; and the jury to try the same shall assess fitting damages to the owner or occupier for the loss to be sustained thereby; which verdict shall be conclusive to such owner or occupier; and on payment of such damages as shall be found by such jury, or on the same being lodged with the treasurer of the county for the use of such owner or occupier, the overfeer or overfeers of such new road may begin and finish the same without the interruption of any person: and that it shall be lawful for the grand jury of such county by presentment to raise the sum to assessed for damages, and all such sum or sums of money, as shall appear by the affidavit of two credible persons, who can read and write, sworn as before, to be necessary to fence the land on each side of such roads, upon the county at large, or upon the barony or baronies through which such new road is to be made, if they think fit.
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VIII. Provided such sum for making such fence or fences shall not exceeed the sum of twelve pence for each perch of such fence.
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IX. And be it further enacted by the authority aforesaid, That from henceforth no money shall be raised by presentment of grand juries on any entire barony for the repair of the roads thereof, where such barony is separated into divisions in the county books; but that the roads in each division to be repaired or amended shall be a particular charge by the presentment of grand juries on that division, and not on the barony at large.
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X. And be it enacted by the authority aforesaid, That the grand jury of the county and county of the city of Dublin in Easter or Hillary term annually are hereby impowered and required to raise on the county at large, in manner as directed by this act, such sum and sums of money, as they shall from time to time think necessary for erecting and repairing foot paths with stiles three feet wide by the sides of highways within six miles of the city of Dublin for the convenience of foot travellers; and that no horse or other cattle shall be ridden or drove on such foot paths, under the penalty of five shillings for every horse or other beast that shall be so ridden or drove on such foot path, to be recovered upon the oath of one or more person or persons by warrant under the hand and seal of any justice of the peace of the said county by distress and sale of the horse or other beast or beasts so ridden or driven; which penalty shall be paid to the informer. And that he grand jury of any county may prefent any old road or any part thereof to be stopped, where any road has been or shall be made, which shall answer all the purposes of such old road, except such old road concerning which suits are now depending either in law or equity.
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XI. Provided always, that it shall and may be lawful for any person, who shall think himfelf or herfelf aggrieved by such presentment for stopping up any old road, to traverse such presentment at the next assizes or at the second assizes after, or, if in the county of Dublin, in the next term or in the second term after, such presentment shall be made, and such traverse shall be tried by a jury; and in cafe such presentment shall not be traversed, or, if traversed, a verdict shall be found for the presentment, such presentment shall be confirmed.
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XII. And that it shall be lawful for the grand jury of any county at the assizes, or for the grand jury of the county of Dublin in Hillary or Trinity term, by presentment to raise such sum or sums of money, as they shall think fit, upon such county at large for the building, rebuilding, or repairing any bridge or part of a bridge, or any wall or pan of a wall, necessary to the support of any road in such county.
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XIII. Provided, That no money shall be so presented by any grand jury, unless it shall appear by the affidavit of two credible masons, sworn as before is mentioned, that the sum therein set forth is a reasonable charge to the best of their judgment; and that the work therein contained is necessary, and cannot be effectually done for a smaller sum, according to the plan and estimate annexed to such affidavit, to the bed of their judgment; and that no money shall be paid by the treasurer of any county on account of any such presentment, or on account of any presentment for the widening of roads, until it shall appear to the grand jury, and to the judge of assize, or court of King’s bench, by the affidavit of one of the overfeers appointed by the grand jury, sworn before one of the judges of assize or court of King’s bench, that the sum so presented hath been faithfully and honestly expended in the execution of the work, for which such money was granted by such presentment, to the best of his skill and judgment; aud until the said account hath been allowed by the grand jury, and by the judge of assize, or court of King’s bench; and that any two justices of the peace of any county in this kingdom, each having an estate of freehold in lands, tenements, or hereditaments of the clear yearly value of one hundred pounds at least within such county, may under their hands and seals order any sum, not exceeding five pounds, to be expended in repairing any bridge within such county, which may be suddenly damaged, and which ought to be repaired by the said county: provided it shall appear to them by the affidavit of two credible persons, who live in the neighbourhood of and have viewed such bridge, that the repair of such bridge cannot be delayed to the next assizes, or to the next quarter sessions if in the county of Dublin, without prejudice to the county, (as they verily believe) which affidavit the said two justices are hereby impowered to take; and the said justices may also appoint proper overfeers to repair the same; and the grand jury for every such county are hereby impowered and required to raise by presentment the sum so expended in repairing any such bridge, upon any such county at large, to be paid to the overfeer or overfeers so appointed by such justices upon his or their producing to such grand jury such affidavit as is before mentioned, and such warrant under the hands and seals of the said two justices, as also an affidavit sworn by one or more of such overseers before the judge of assize, or court of King’s bench, or before two justices of the peace for such county, that he or they have faithfully and honestly expend sum specified in such affidavit in repairing such bridge.
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XIV. And be it further enacted by the authority aforesaid, That any justice of the peace, qualified as aforesaid, upon the affidavit of two substantial householders may in like manner order any sum of money, not exceeding the sum of forty shillings, to be expended in repairing any breach or bad step, which may happen in any road by a fudden fall of rain or other accident, and may appoint an overfeer to repair the same; and the grand juries of every county are hereby impowered and required to raise by presentment upon the barony, in which such road is, the sum so expended on such overfeers performing such requisites as the above mentioned overfeers of bridges are required to perform.
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XV. Provided, That no justice of the peace shall make above one such order for any road between assizes and assizes under a penalty of ten pounds, to be recovered by civil bill at the assizes by any person, who will sue for the same; one moiety thereof to go to the person who shall sue for the same, the other to the poor of the parish.
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XVI. Provided always, and be it further enacted by the authority aforesaid, That whenever it shall happen, that any sum of money, presented to be raised by any grand jury for the making or repairing of any road or bridge, shall not or cannot be expended agreeably to such presentment, and accounted for within a reasonable time after such presentment was made, that then it shall and may be lawful for the grand jury of the said county to present such sum of money, then in the treasurer’s hands; to be expended in the making or repairing of any road or bridge in the barony or baronies, upon which the former sum was presented to be raised, or in the county if it was raised upon the county at large.
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XVII. And be it further enacted by the authority aforesaid, That it shall and may be lawful to and for any person or persons, who now have or shall hereafter have any ferry over any river, to erect and support a bridge at his or their own expence over such river in the place of such ferry, and to take and receive for passing such bridge such toll, and no more, as they are entitled to receive for passing such ferry.
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XVIII. Provided always, That nothing herein contained shall extend to ferries in cities or towns corporate.
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XIX. And be it further enacted by the authority aforesaid, That the grand juries of the several counties in this kingdom may at the assizes, or quarter sessions if in the county of Dublin appoint a proper person or persons to collect the money presented to be raised by the grand juries of such counties respectively, and may allow such person or persons any sum not exceeding six pence in the pound for collecting the same: provided the person or persons so appointed shall give sufficient security before the judge of assize or King’s bench for the payment of the said money to the treasurer of the said county on or before the second day of the next assizes or sessions as aforesaid; and the several constables are hereby required to aid and assist such person or persons in collecting the money so presented, as also all persons impowered by this act to levy publick money; which if any constable so required shall refuse to do, every such constable so refusing shall upon conviction by the oath of two credible witnesses before any two justices of the peace of the county, city, or town corporate, where such offence shall be committed, forfeit for every such offence a sum not exceeding ten pounds to be levied, together with the charges by distress and sale of the goods of the offender by the warrant of any two such justices of the peace of such county, city, or town corporate, where such offence shall have been committed; one moiety of which penalty shall be paid to the informer or informers, and the other moiety for the poor of the parish in which such offence shall have been committed: and that all persons, impowered by this act to levy or collect publick money, shall, and may, and are hereby empowered by distress and sale of the goods and chattles of all such persons, who shall refuse to pay their proportion thereof, to levy the same, and after the sale of such distress to retain the money which the said persons ought to pay, rendering the overplus (if any) to the owner after deducting twelve pence in the pound for the trouble in levying the same: and that the treasurer of each county shall at every assizes or sessions as aforesaid demand from the clerk of the crown copies of all presentments made at that assizes or sessions as aforesaid for the raising of money, which the said clerk of the crown shall forthwith upon demand of such treasurer make out and give to the said treasurer signed by him, and certified to be true copies, without fee or reward; and if he shall fail or neglect to make out and give such copies, signed and certified as aforesaid, to such treasurer within fourteen days after such demand made, he shall forfeit the sum of ten pounds; which shall and may be recovered by any person, who will sue for the same, by action of debt, bill, plaint, suit, or information in any of his Majesty’s courts of record in Dublin, in which no essoign, protection, privilege, or wager of law, or more than one imparlance shall be allowed; and the treasurer of each county, having received such copies of the presentments signed and certified as aforesaid, shall thereupon issue his orders for levying and collecting the several sums of money presented; which shall be thereupon levied and collected by the person or persons so as aforesaid impowered to levy and collect the same, and shall be paid on or before the second day of the assizes, or quarter sessions if in the county of Dublin, to such treasurer by the said person or persons, and shall be accounted for by such treasurer the last day but one of the assizes or sessions as aforesaid; and that if it shall appear to any judge upon due proof by two credible persons upon oath at any assizes or sessions as aforesaid within one year after any quere on any presentment, by which money was granted, has been discharged, that the court was deceived by any affidavit for discharging such quere, and that the money was not expended agreeably to the presentment, the judge of assize or court of King’s bench may, notwithstanding such quere was discharged, fine or issue process in such case against the overseer or overseers mentioned in such presentment, as if the quere had not been answered.
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XX. And that it shall be lawful for the overseer or overseers of any road, bridge, or wall, appointed by the grand jury of the county or by any turnpike board, to dig and raise any gravel, stones, sand, or other materials, which may be wanted for the building, rebuilding, making, or repairing of any bridge, road, or wall, necessary to the support of any road, and to make drains in order to carry off any water, that may hurt such roads or bridges, in or through the lands of any person, not being a deer park, garden, or yard, or in the planted walk, avenue, or lawn to the mansion house of any person, and to carry away the said materials; such overseer making such satisfaction to the owner or occupier of the land, for what damage may be done thereby, as shall be assessed by two substantial householders of the said county or parish, one to be named by each of the parties, who shall both be sworn by some neighbouring justice of the peace to be appraizers of such damages; which appraizers such justice is hereby impowered to swear to make a true estimate of such damages to the best of their skill; and that if any person shall obstruct or prevent such overseer in digging, raising, or carrying away such materials or in making such drains, such person and persons shall upon conviction by the oath of two credible witnesses before any two justices of the peace of the county, city, or town corporate, where such offence shall be committed, forfeit for every such offence a sum not exceeding five pounds; to be levied together with the charges by distress and sale of the goods of the offender by the warrant of any two such justices of the peace of such county, city, or town corporate, where such offence shall have been committed; one moiety of which penalty shall be paid to the informer or informers, and the other moiety for the poor of the parish in which such offence shall have been committed. And the said overseer shall give notice to the occupier of the land adjoining to the roads to scour the drains or ditches, or to cut or clip the hedges by the sides of the roads at a height not exceeding five feet, and to lop off the branches of any forest trees that shall be within sixteen feet of the centre of any road which shall overhang such road; which if the occupier shall neglect to do within ten days after the service of such notice, any justice of the peace of the county where such road lies, may by warrant under his hand and seal order the overseer of such road to have the said drains or ditches effectually scoured, or the hedges cut or clipped, or the branches of such forest trees lopped, and may by such warrant authorize such overseer to levy the expence thereof on the goods of such occupiers, together with such wages to the said overseer as the said justice shall think fit, not exceeding two shillings for each day that the said overseer shall necessarily be employed in attending and performing such work: provided that no notice shall be given to cut or clip any hedge, or lop the branches of any forest trees, but between the first day of September and the first day of June in any year.
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XXI. And be it further enacted by the authority aforesaid, That every person, who shall build any house or part of a house within twenty five feet of the centre of any road, except in cities, towns corporate, or market towns, or keep any cur dog, mastiss, or bull dog, at any house within two hundred yards of any road, without having a block of wood of the weight of five pounds at least fastened to the neck of every such dog, or shall lay any turf, dung, straw, or rubbish, or the scouring of ditches or drains, or other filth, or any stones or timber upon any part of any road, or shall dig any pit or ditch, or build any wall, within fifteen feet of the centre of any road, or shall leave any cars or other carriage in the night time, front sun set to sun rise on any part of any road, or shall alter any road, not being first authorized so to do by due course of law, or expose to sale the hide of any beast in the streets of any city or town, through which travellers usually pass, or scrape the gravel off any road, shall upon conviction by the oath of one credible witness before any justice of the peace of the county, where such offence shall be committed, for every such offence forfeit a sum not exceeding ten shillings; to be levied by distress and sale of the goods of the offender by the warrant of any one such justice of the peace of the county, or city, or town corporate, in which such offence shall be committed; and that if any person shall draw any mill stone on any road without supporting such mill stone by a carriage on wheels, such person shall upon conviction by the oath of one credible witness before any justice of the peace of the county, where such offence shall be committed, for every such offence forfeit a sum not exceeding forty shillings, to be levied by distress and sale of the goods of the offender by the warrant of any one such justice of the peace of the county, or city, or town corporate, in which such offence shall be committed; and that any one justice of the peace within his jurisdiction may upon the information or any one credible witness upon oath, which oath every such justice is hereby impowered to administer, by warrant under his hand and seal order any house or part of a house, hereafter built contrary to the intent of this act, to be pulled down; or any dog, kept conerary to the intent of this act, to be killed; or any pit or ditch to be filled up; or any wall to be thrown down, that shall be hereafter made or built contrary to this act; as also the necessary expences attending thereon to be levied by distress and sale of the offenders goods and chattles; and that any person may take and carry away all such turf, dung, straw, or rubbish, filth, scouring of ditches or drains or stones, as he shall find so laid upon any part of any road, and apply the same to his own use; and may kill any dog that shall be kept contrary to this act without being sued or prosecuted for so doing.
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XXII. And be it further enacted by the authority aforesaid, That the vestries of the several parishes in the several cities in this kingdom except the cities of Dublin and Cork, and that the vestries of the several parishes in the several towns corporate and borough towns in this kingdom, and in the market town of Lurgan in the county of Armagh, may and are hereby impowered, if they think fit, to present and assess such sum or sums of money, as they shall think necessary, upon the inhabitants of such parishes respectively, living within the bounds of such cities and towns, for the paving, gravelling, or cleaning the several streets or lanes through such part of every such parish, as is in such cities and towns; or for erecting lamps to enlighten the streets or lanes in such cities and towns; and also to appoint proper persons to applot and to levy the sum or sums so presented by the said vestry, and to allow the said persons any sum, not exceeding twelve pence for each pound so applotted and levied, for their trouble in applotting and levying the same; and to appoint proper persons to be directors or overseers for the expenditure of the money so presented, who shall be obliged to account upon oath to the vestry of such parish for the same; and to allow the said persons any sum not exceeding two shillings for each day, every such director or overseer shall be necessarily employed in directing or overseeing such work.
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XXIII. Provided That no person shall have a right to vote at any such vestry, until he shall have first taken the following oath, if thereto required by any parishioner; which oath the minister of such parish is hereby empowered to administer.
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I A. B. de swear, that I am a householder of this parish, and that I live within the bounds of this city or town; and that I am worth one hundred pounds, over and above all the debts, I owe; and that I am not a tenant at will for the house I live in.
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XXIV. And whereas the roads in this kingdom are very much annoyed and damaged by the narrow wheels of carrs, carts, and drays, and by the streaks being set on such wheels with spriggs or high headed nails: for preventing of which be it further enacted by the authority aforesaid, That from and after the first day of November one thousand seven hundred and sixty six every owner or driver of any cart, carr, dray, or waggon, the wheels of which shall be of less breadth or gage than three inches at the least from side to side at the bottom or sole, when worn, and when the streaks or iron, with which such wheels are bound, shall be set on with spriggs or high headed nails, shall forfeit a penalty of the sum of ten shillings, whenever any such carr, cart, dray, or waggon shall be used or drawn on any road in this kingdom, which penalty shall be to the person seizing the same; for recovery whereof it shall be lawful for any person to seize any such carriage, as also any horse or beast of draft in such carr, cart, dray, or waggon, with all the harness or accoutrements thereto belonging, and with all convenient speed deliver up the said horse or beast of draft into the custody of the constable, pound keeper, or parish officer of the same or of the adjacent parish or liberty, where such seizure shall be made; who are hereby required to receive and retain the same for the space of twenty four hours, unless sooner delivered by virtue of a warrant from a justice of the peace of the county where such seizure shall be made, in manner hereafter directed.
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XXV. Provided that the person so seizing such horse or beast of draft, shall within the space of twenty four hours make oath before some justice of the peace of such county who, being satisfied that such offence has been committed, shall issue his warrant under his hand and seal to the constable, pound keeper, or parish officer, in whose custody such horse or beast of draft is, requiring him to deliver the same unto the person named in such warrant, he first paying to such constable, pound keeper, or parish officer the sum of one shilling for each horse or beast of draft for his care and trouble in detaining the same; and upon delivery of such distress to the person named in such warrant the same shall be to the sole use of the person or persons so named in the said warrant, unless the owner of the said beast or beasts at the time of such seizure shall before the delivery of the same pay to the person or persons named in such warrant the sum ten shillings; on payment whereof the said constable, pound keeper, or parish officer shall deliver such beast or beasts with all their harness or accoutrements to the owner or owners of them, he or they paying the said constable, pound keeper, or parish officer one shilling for each beast for his care and trouble in keeping the same; and that if any person shall hinder or with force obstruct the seizing or carrying off any such seizure or distress for the aforesaid offences or any of them, or shall rescue the same, or shall use any violence to any person concerned in making such seizure or distress, every person so offending shall upon due proof made upon oath before any one justice of the peace for the county, city, or county of the city, where such offence is committed, which oath such justice is hereby impowered and required to administer, forfeit for every such offence the sum of forty shillings to the person, who shall be so obstructed in making such seizure, or in carrying off the same; to be levied by distress and sale of the offenders goods and chattles by warrant of such justice of the peace under his hand and seal.
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XXVI. And that the several collectors or receivers of the tolls and customs in the several cities, towns corporate, market towns, or fairs, or of the several bridges in this kingdom, for the passage over which tolls are paid, are hereby required and impowered to demand and levy from all persons double the tolls or customs, they are by the laws now in force or by usage enabled to receive, who shall carry any goods liable to pay any such tolls or customs into or through any city, town corporate, or market town, or fairs, or over any such bridge in this kingdom, upon every such carr, cart, dray, or waggon, which shall not have the wheels thereof of the breadth or gage of three inches at the least from side to side at the bottom or sole when worn, or in case the streaks or iron, with which the wheels thereof are bound, shall be set on with spriggs or high headed nails; and if it shall appear upon due proof made by one credible witness upon oath before any one justice of the peace for the county, city, or county of the city or town corporate, where such collectors or receivers shall be employed to collect the tolls or customs, which oath such justice is hereby impowered and required to administer, that such collector or receiver of the tolls or customs hath not obliged the owner or driver of any such carr, cart, dray, or waggon to pay such double tolls or customs for such goods, such collector or receiver knowingly so offending against this act shall forfeit the sum of five pounds for every such offence; to be levied by distress and sale of his goods and chattels by the warrant of such justice of the peace under his hand and seal; one moiety whereof to be for the use of the informer, and the other for the poor of the parish; and that the collectors of the tolls of the several turnpike gates in this kingdom are hereby impowered and required to oblige the owner or driver of every such carr, cart, dray, or waggon to pay thirteen pence toll at each and every turnpike gate; which if such gate keeper shall neglect to do, it shall be lawful for any justice of the peace of the county, in which such turnpike gate is, by warrant under his hand and seal to order any sum, not exceeding twenty shillings, to be levied off the goods and chattels of such gate keeper for every such offence, on due proof being made thereof by one credible witness upon oath before such justice, which oath such justice is hereby impowered to administer.
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XXVII. And be it further enacted by the authority aforesaid, That the owner or driver of any waggon, wain, cart, or carriage with wheels, the breadth thereof being nine inches at the sole or bottom thereof, and the streaks thereof being set on with flat headed nails, and placed at such a distance from each other, that the space between the middle of the one track, made by such wheels on the road, and the middle of the other track shall be four feet ten inches, shall not be obliged to pay more than six pence toll for any such waggon, wain, cart, or carriage with four wheels, or more than three pence for any such waggon, wain, cart, or carriage with two wheels, on any turnpike road in this kingdom.
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XXVIII. And be it further enacted by the authority aforesaid, That if any parish or parishes shall be so large, that one constable shall not be sufficient to do the whole office of a constable within the said parish or parishes, it shall be lawful to make and appoint two or more constables for such parish or parishes, in such manner as such one constable was formerly appointed for the same; which said new constable or constables shall have such and the same power and authority, as any other constable hath, or by the laws of this realm ought to have.
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XXIX. And be it further enacted by the authority aforesaid, That it shall and may be lawful to and for the justices of his Majesty’s court of King’s Bench in term time, and to and for the judges of assize in their several and respective circuits, from time to time to order one or more warrants in nature of an execution to issue, directed to the high sheriff or other officer lawfully authorized within the several and respective counties and counties of cities and towns within the province, where any person was made treasurer, overseer, constable, collector, or receiver, impowering such high sheriff, or his under sheriff, or lawful deputy, or other officer lawfully authorized, by sale of the goods and chattels, or a sufficient part thereof, or by or out of the rents, issues, and profits of the lands and tenements of any treasurer or treasurers, overseer or overseers, of roads and other publick works, high and petty constables, and other collectors and receivers of the publick money, who shall not have accounted for and paid such publick money, and who shall be found to be in arrear for the same or any part thereof, to raise, levy, and collect such sum or sums of money, for which they shall be so in arrear; for the collecting of which such high sheriff, or his under sheriff, or lawful deputy, or other officer lawfully authorized, shall be intitled to receive one shilling for every pound, he shall so collect, to be levied in manner aforesaid from such person and persons aforesaid, against whom such warrant shall issue as aforesaid: and that it shall and may be lawful for every justice of assize and justices of oyer and terminer to enquire of and hear, and determine all and every offence, matter, and cause, that shall grow, come, or arise by reason of this statute, and to assess such reasonable fines and amerciaments for the same, as by them shall be thought meet. And that it shall be lawful for the several grand juries in this kingdom to make presentments, and for the judges to confirm the same, for the raising of such sums of money on the county at large, as shall be necessary for the building or repairing of sessions houses, or houses of correction, and for the building, repairing or strengthening of gaols, and for bolts or shackles, stocks, whipping ports, ducking stools, and pillories, as shall be necessary for the said several uses and purposes; as also for conveying of any person or persons accused of treason or felony to the county gaol, so as the same do not exceed six pence per mile; and also for the recovering of publick money in the hands of collectors and receivers thereof, their executors, administrators and sureties.
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XXX. And be it enacted by the authority aforesaid, That it shall be lawful for all high and petty constables, or other persons empowered by this act to levy money by the distress and sale of any persons goods, to deduct one shilling in the pound out of the money, so levied by such distress and sale of such goods, for his trouble in distraining and selling the same.
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XXXI. And be it further enacted by the authority aforesaid, That if any person shall be sued, molested, or troubled for putting in execution any of the powers contained in this act, or for doing any act, matter, or thing pursuant thereto, such person shall and may plead the general issue, and give the special matter in evidence; and if the plaintiff or plaintiffs shall be nonsuited, and judgment given against him, her, or them upon demurrer or otherwise, or a verdict pass for the defendant or defendants, or a dismiss upon a civil bill, such defendant or defendants shall have his, her, or their treble costs, to be recovered by such method and manner as where by law costs are given to defendants.
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XXXII. And be it further enacted by the authority aforesaid, That the solemn affirmation or declaration of a quaker shall be adjudged and taken to be of the same force and effect to all intents and purposes in any cafe, where by this act an oath is required to be taken, as if such quaker had taken an oath in the form prescribed or in the usual form
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XXXIII. And be it further enacted by the authority aforesaid, That the laws for the repair of the highways or roads by the six days labour shall continue in full force, until such time between the first day of July one thousand seven hundred and sixty six and first day of September one thousand seven hundred and sixty six as the inhabitants of the several parishes or unions in this kingdom shall have performed the six days labour, presented to be by them performed at the several vestrics held last Michaelmas, or at the last spring quarter sessions or assizes.
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XXXIV. And be it further enacted by the authority aforesaid, That this act shall extend to counties of cities and counties of towns; and that the grand juries thereof shall be and are hereby empowered to present such sum or sums of money, as they shall think proper, on the county at large of such city or town, in the same manner, and for the same purposes, and subject to the same method of account to all intents whatsoever, and to do every other act, that the grand juries of the several counties in this kingdom are by this act enabled to do.
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