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Concerning Prosecutions [whether] summary [or] as well as regular
for offences against this Act it is thus enacted provided as follows that
None shall not be commenced but within a Month after
the offence + + except Indictments]
Qui. whether a
should not be
made for them? viz.
for the felonies, the
only other cases indictable
are Nuisances. — 2. by Interest arising from Inhabittancy
shall not be taken away the competency of a witness. Full
costs shall be given paid to the Deft. at all events, if
he recover: [or the Deft. at if the Suit terminate
in his favour at any stage previous to Trial, at the discretion of the
Court, if it be found for him at the Trial then at the discretion
of the Jury.] There shall be but a one Recovery [unless in case of collusion] for
one Forfeiture
§§53.
Regular
Concerning Prosecutions. Summary it is thus enacted
Thus It shall be by Action in any Court of Record in Westm. Hall.
Ten days notice in writing previous to commencement shall be given to the Deft.
previous to co in person, [or left at his usual place of abode] previous
Where the Forfeiture is specific, it shall be by Action
of Debt in which , Protection, Privilege,
Wager of Law nor any more than one Imparlance
shall be allowed; & in which it shall be sufficient to
declare That the Defendant is indebted to the Plff. in
the the Sum of ...... to ....
being forfeited by the General Turnpike Act ...
G.3.c.... Art ... mentioning the number of the
Article or Articles (as the case may be) descriptive
of the offence & in which the Jury may find the due within the limits
specified in the
such Articles. Where the Forfeiture is specific, it
shall be by Action of Trover, in which the value of
the thing forfeited shall be given in damages, without proof
of seizure on demand. [& in either case the Informer
shall be entitled to the whole]
Concerning Prosecutions Summary it is thus enacted
The evidence shall be confession, or Oath of Witness
It shall be before a Justice, or in offences
against For offences against §§ Art. .....
.... it shall be before the number of
Trustees respectively appointed according to in Art. ... or
before a Justice: For other offences, before a Justice
only. A Deft shall not be convicted, but upon
confession, or upon Oath of Witness. IIII
IIII except for offences
against Art. .. Sect 31 for
which a Justice may also
convict on his own View.
The Penalty when specific [+] [+] & not served in the 1st
instance according to
Art. ... shall be deliver'd to the
Informer by the Constable a Peace Officer <add> Constable on Warrant from the
Justice. together When pecuniary, [|+] [|+] [unless otherwise secured
to be paid to the
satisfaction of the Magistrates] it shall be levied
by Distress & Sale [ according to the provisions of
the Stat. 27 G.2.c20] [ by Distress & Sale for which the Officer Constable
may
Doors & the fastenings, if necessary] + + v. Burn Distress
Break open Doors
461. or burn and It shall be paid
half to the Informer (not being Surveyor of the
Road) & the other half to the Surveyor for the
benefit of the Road. [++] [++] only, when the Surveyor
be himself or other
Turnpike Officer is the Informer,
the whole to
the Surveyor to the
same use; [saving to
to allow
such Officer a proprtion
not exceeding 1/6 it is for his trouble which shall not affect the competency of his Evidence The reasonable charges also of
by this the Prosecution to be ascertained settled by [the direction of]
the Justice shall be pai levied by like means Distress in either case &
paid to the Informer. Provided that if the any one <add>in
pay of the Trustee be the Informer, the whole shall go to the benefit be applied not to this use
of the Road. Qu, in the case of Mortgage or Farmer of the Tolls 2
Irregularity
DISTRESS
For the reason of
this provision
the preamble to
the like in the
G.2.c.19.
§§ 54 55
For any irreg A Distress shall not be deemed unlawful for any
irregularity if the any proceedings thereto relating is nor the
party distraining deemed a trespasser ab initio, for
any irregularity done afterwards: but a Party
aggrieved may recover satisfaction [for the special damage]
by Action on the case. Tender of sufficient amends
shall be a Bar to any such action, if made
before such action be commenced, shall be a
Bar to it: if not till afterwards, Money may be
paid by the Deft. into Court, before joined which payment shall [have the put the
usual consequences Deft. upon proving damage to a greater amount, at
the peril of costs, &] be attended with the other usual shall have the same effect
consequences as payment into Court in other cases.
Summary
continued how distributable
Penalties
Imprisonment
succedamous
Penalties (unless otherwise secured by to the substitution of
the Magistrate) shall be levied [ according to the propositions in G.2.c...] by Distress & Sale & upon but how leviable
upon , made to the Magistrate that no sufficient distrainables
can be found, & not otherwise, the Imprisonment respectively
appointed shall take place but shall be determinate
the .
Constables.
A Constable wilfully omitting to comply with the directions
of a Magistrate acting in execution of this Act
of deliver or to account any seizure or account for any Penalty
[Superfluous] shall forfeit £10, or suffer Imprisonment for
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