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II Inscription on Carts &c in general
or upon the Pelt used with it, shall be painted in large & legible
characters the names & a place of abode of some owner: & an
owner using it either by himself or any other, without the name
& [place of] abode, or with a false or petition -name or [place
of] abode shall forfeit £5, [or suffer imprisonment for ....]
XLIII 18
III Inscription on Public Carriges Carts &c for Hire
On every public carriage of Burthen shall also be the words
"Common Huge Waggon" or "Cart" painted in like manner, on
penalty of £2 or imprisonment for ..... Tis the like him who
offendeth in like manner on the offender.
XLIV § 16
✓ Drivers apprehendible
A Driver offending against Art. 26 [§7]. & 29. §8. + + except as to the disposition of the Beasts. may be apprehended
by any man so as to be carried before the Magistrate for Trial. before a Justice
[or for offences against Art before 3 Trustees
[if sitting]
XLV. § 48.
Seizures how to be made ✓
Whoso He who makes seizure according to by authority of Art. . . without warrant,
shall forthwith deliver the things seized to the Constable or some Parish
Officer of the same or some adjoining Town -ship or Parish; who
shall safely keep them 6 days, before he restore them unless sooner directed otherwise by Warrant
of a Justice: and if proof be "not that time nor which warrant, if <add> due proof have been made within</add>
if the owner Deft. be shall pay to be settled that time of the offence, shall direct them to be deliver'd to the seizer
by the Justice of the keeping: if convicted, the Justice shall if not, to be restored <add>to the owner upon demand: [+]</add> the charges of keeping to be <add>first paid by him to</add> [+] so shall they be at the end of 6 days if there be no such Warrant
forthwith issue his Warrant to the Constable or other officer to whom <add>they are delivering they are deliver'd there, & in case of disputes, to be settled by a Justice.</add>
deliver
XLVI § 48
Seizures irregular ✓
A seizer not delivering the things seized as above, in the preceding Article <add>[Art. 45]</add> or not making
proof prosecuting within time shall forfeit to the owner 40s together
with the charge of keeping, [or suffer imprisonment for . . . . .]
---page break---
or only the charge of keeping, if without such default of his, the owner
be acquitted.
XLVII § 23
1. Carriages excepted
No Articles in this Section except Art. . . . [.§ 14] shall not extend to any Carriages
of passage; nor any except [V 14 & 17 & 18] to any Caravan or cover'd carriage of any
Nobleman or Gentleman for his private use; nor to Carriages laden with Artillery
or Ammunition for his Majesty's Service: Nor Articles
. . . . . . . to any Carts drawn by one Horse only; nor
to any Broadwheeled carriage laden with only only one Block
of Marble Stone or Metal, Cable-rope, or piece
of Timber. + only + These ought to be subject to Articles 37-43 § 18. § 44
XLVIII § 50
SECT. IV PERSONS at Large
Whoso [1] forcibly by force [or fraud] assisteth <add>obstructeth any one employ'd in the due execution of this Act; or</add> opposeth a Turnpike Toll gatherer in the Execution of
his Office; or [2d] by force or fraud passeth through without
paying what is due at any place where Turnpike Tolls are appointed to be paid: or,
Opposing execution of the Law
[3] obstructeth the weighing or measurement, of any carriage
of burthen, or [4] the seizure of a beast of draught over number,
or [5] the taking or keeping of any Distress appointed by this Act
shall forfeit not less than 2, nor more than £10, or suffer
Imprisonment for not more than 3 Months.
XLIX § 31
Mischief by defacing Mile-Stones &c
Whoso willfully committeth mischief on any Turnpike Road, by damaging
or removing any Post, Black or Red Wood- Stone- or other work placed for the securing of
a Causeway from against Carriages, [or for the fencing off of any any ditch,
hollow] [or for the marking of a boundary], or marked for the direction
of Travellers, or by damaging or casteth down any Bank thrown
up for the defence of a Causeway, shall forfeit not less than
---page break---
10s nor more than £5, or suffer imprisonment for not less than 7
days nor more than 1 Month, & shall also during such Imprisonment
be once whipped at the discretion of a Justice: The View of
a Justice shall be sufficient to [his] conviction.
L § 32.
Mischief by pulling down Toll-houses &c
Whoso willfully & maliciously committeth mischief by plucking up
or destroying [1] any EngineWeighing-Engine or any part thereof; or [2] any
Turnpike Gate or any part thereof, or any fence work of any kind or any part thereof set up
to prevent persons from passing without paying Toll: or [3] by pulling
down in whole or in part any House adjoining to a Toll-Gate or Weighing
Engine and used or built for or begun to be built for the residence
of a Toll-gatherer: or Death [4] by forcibly rescuing any person in custody
for any offence specified in this Article, shall suffer Death as a
Felon without benefit of Clergy.
LI § 33
Hundred answerable.
For Mischief done by any offences specified in Art 51, the inhabitants
of the Hundred shall make compensation in damages: but shall be so as that reimbursed
upon conviction of any such an offender within a year after the
Offence, they shall be reimbursed.
LII § 29.
SECT HUSBANDMEN Encroaching or tearing up
If, on that the side of any Turnpike road, which where it is unenclosed, any man shall
[of his own motion] make, or shall cause to be made any Hedge Ditch or
other Fence within the distance of 30 feet from the middle; or, within
15 feet of the middle, shall tear up the Soil with Plow Harrow or
other Engine of Husbandry, Instrument (otherwise than for the purpose of repairing <add>mending the Road)</add> he shall forfeit 40s to the Informer or suffer Imprisonment
for . . . . . weeks
LIII 29
Charges of reparation
Reparation shall then also be done made by filling up the Ditch, Levelling
the Hedge or other Fence, or smoothing the Road, as the case
---page break---
shall require, of which whereof the offender shall pay the charges, [or suffer imprisonment
for not more than . . . nor less than . . . .]
LIV § 36 2o
SECT. VI TURNP. OFFICE 25 Publicans Disqualified -tion
A Gentleman of No person while he keeps a House of Public entertainment, or sells drink
by retail shall hold exercise any Office of Trust or profit under T relating to a Turnpike
road, nor gather collect the Tolls.
LV § 35
To deliver up papers
Turnpike Officers or their Ex'ors or Adm'ors, shall within upon
10 days after notice in writing received from any 5 Trustees,
deliver up at to the next Turnpike-meeting [or to any person
specified in such notice] all such papers writings relating to their office
as shall be in their custody or power on penalty
of £20 [for every willful omission, [without reasonable excuse] verified by Oath]. [or Imprisonment for not
more than . . . nor less than . . . .]
LVI. § 47 15
To seize inform supernumerary Horses &c
A Turnpike Officer, within whose view or knowledge a Carriage shall
have been drawn by more Beasts than by Art . . . . . . are allow'd
willfully omitting for the space of a week after the offence to make seizure, or lodge an information shall forfeit £10. [or suffer Imprisonment
for . . . . . .]
LVII § 27
SECT. VII CLERKS & SURVEYORS of Turnpike-Roads To attend Summons concern Statute-Duty
Clerks & Surveyors of Turnpike-Roads shall attend the Summons of
2 Justices meeting in pursuance of Art . . . . to distribute Statute-Duty between Highways Turnpike
& not Turnpike.
LVIII § 30
SECT. VIII SURVEYORS of Turnpike Roads To set up Direction-Posts &c
Surveyors fullfilling the directions of Trustees concerning works enjoined
by Art. xx .... shall be reinmbursed out of the Tolls, & omitting to execute
any order relative thereto, shall forfeit 20s [or suffer imprisonment
for . . . .]
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