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<p>II</p> | <p>II</p> | ||
<p><del> | <p><del>Summary</del> <add>Regular shall be</add> is by Action of Debt in [any of his<lb/> | ||
Majesty's Courts of] King's Bench, Exchequer or<lb/> | Majesty's Courts of] King's Bench, Exchequer or<lb/> | ||
Common Pleas.</p> | Common Pleas.</p> | ||
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<p>III</p> | <p>III</p> | ||
<p>Procedure [when] Summary is either by Information<lb/> | <p>Procedure [when] Summary is either by Information<lb/> | ||
before a Magistrate herein | before a Magistrate herein specially appointed or <del><gap/></del><lb/> | ||
by his own <gap/>]</p> | by his own <gap/>]</p> | ||
<p>IV § 63</p> | <p>IV § 63</p> | ||
<p>For Offences <add>Forfeitures</add> against <note>or <del><gap/></del><unclear>Merits</unclear> due by virtue of</note> other Turnpike Acts, made <del>subsisting</del><lb/> | <p>For Offences <add>Forfeitures</add> against <note>or <del><gap/></del><add><unclear>Merits</unclear></add> due by virtue of <gap/></note> other Turnpike Acts, made <del>subsisting</del><lb/> | ||
<add>or to be made</add><del>or future</del>, Procedure may be either <add>after</add> [in the<lb/> | <add>or to be made</add><del>or future</del>, Procedure may be either <add>after</add> [in the<lb/> | ||
<add>the manners</add> summary mode] therein respectively presented, or | <add>the manners</add> summary mode] therein respectively presented, or by<lb/> | ||
<del>Action as aforesaid aforesaid</del> in the Regular mode by Action</p> | <del>Action as aforesaid aforesaid</del> in the Regular mode by Action</p> | ||
<p>V</p> | <p>V</p> | ||
<p>For [Forfeitures for] | <p>For [Forfeitures for] Offences against <add>or Monies <del><gap/></del> due by virtue of its</add> this Act <gap/>may be <gap/> recovered <add>the procedure</add><lb/> | ||
<add>may be regular or</add> either in <gap/> a summary or a regular mode, except in<lb/> | <add>may be regular or</add> either in <gap/> a summary or a regular mode, except in<lb/> | ||
the cases mentioned in § 33 34 & 63, where <add>it <gap/></add> <del>the procedure</del><lb/> | the cases mentioned in § 33 34 & 63, where <add>it <gap/></add> <del>the procedure</del><lb/> | ||
shall be in the regular mode | shall be in the regular mode alone.</p> | ||
<note><del>Evidence</del></note><lb/> | <note><del>Evidence</del></note><lb/> | ||
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<note>EVIDENCE<lb/> | <note>EVIDENCE<lb/> | ||
compulsion clause — none</note><lb/> | compulsion clause — none</note><lb/> | ||
<p><hi rend="underline">The Evidence</hi>, <add>to convict</add> Confession < | <p><hi rend="underline">The Evidence</hi>, <add>to convict</add> Confession <add><del>or</del></add> Oath of witness, <gap/> in<lb/> | ||
offences against Art... §31 at Justice's <add>the Magistrate's</add> own order:</p> | offences against Art... §31 at Justice's <add>the Magistrate's</add> own order:</p> | ||
<note>A Witness shall not<lb/> | <note>A Witness shall not<lb/> | ||
be <add>rendered</add> incompetent by<lb/> | be <add>rendered</add> incompetent by<lb/> | ||
[interest arising from]<lb/> | [interest arising from]<lb/> | ||
< | Inhabitancy</note><lb/> | ||
<note>LEVYING<lb/> | <note>LEVYING<lb/> | ||
This must be general</note> | This must be general</note> | ||
<p><hi rend="underline">The mode of levying</hi> — <gap/> <add>according to | <p><hi rend="underline">The mode of levying</hi><add><del>where the penalty</del></add> — <gap/> Distress of Sale <add>according to <gap/> G.2.</add> by Warrant<lb/> | ||
from a Justice where specific by delivery by the Constable</p> | from a Justice <add>where specific by delivery by the Constable</add></p> | ||
<note>Imprisonment</note> | <note>Imprisonment</note> | ||
<p>< | <p><del>In cases of</del> <add><del>Where there is</del><unclear>deficiency of distress</unclear></add> a sufficient distress <add><gap/> not otherwise</add> can <add>not</add> be found, <add>the <unclear>Party</unclear></add> Imprisonment<lb/> | ||
<add>shall be imprisoned</add> shall then take place by <add>on</add> Warrant from | <add>shall be imprisoned</add> shall then take place by <add>on</add> Warrant from a<lb/> | ||
Justice</p> | |||
<note>Place of</note><lb/> | <note>Place of</note><lb/> | ||
<note>Time</note><lb/> | <note>Time</note><lb/> | ||
<note><del>Backing Warrant</del></note><lb/> | <note><del>Backing Warrant</del></note><lb/> | ||
<p><gap/> | <p><del><gap/></del>Place of Imprisonment shall <add>may</add> be the Common<lb/> | ||
Gaol | Gaol or House of Correction at the discretion of<lb/> | ||
the Justice <add><del>Magistrate</del></add> — The Time <add>Duration</add> not less than <add>...nor more than</add> 3 Months<lb/> | the Justice <add><del>Magistrate</del></add> — The Time <add>Duration</add> not less than <add>...nor more than</add> 3 Months<lb/> | ||
determinable at any time upon payment.. except that<lb/> | determinable at any time upon payment.. except that<lb/> | ||
[then come with the particular times specified in particular<lb/> | [then come with the particular times specified in particular<lb/> | ||
Sections]<lb/> | Sections]<lb/> | ||
may be brought in the | may be brought in the Courts<lb/> | ||
of K.B., Exchequer or Com. Pleas</p> | |||
<p>Action shall be commenced<lb/> | <p>Action shall be commenced<lb/> | ||
within one<lb/> | within one<lb/> | ||
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but not till after<lb/> | but not till after<lb/> | ||
10 days written notice<lb/> | 10 days written notice<lb/> | ||
proof of the | proof of the offence<lb/> | ||
<unclear>together</unclear> with such notice<lb/> | <unclear>together</unclear> with such notice<lb/> | ||
shall be sufficient<lb/> | shall be sufficient<lb/> | ||
proof of property in<lb/> | proof of property in<lb/> | ||
the matter in demand</ | the matter in demand<lb/> | ||
There shall be but one<lb/> | |||
Recovery for one Forfeiture<lb/> | Recovery for one Forfeiture<lb/> | ||
or one sum<lb/> | or one sum<lb/> | ||
due: The party prevailing<lb/> | due: The party prevailing<lb/> | ||
shall have costs.</p> | shall have costs.</p> | ||
<p>A Forfeiture pecuniary<lb/> | <p>A Forfeiture pecuniary<lb/> | ||
shall be sued for by<lb/> | shall be sued for by<lb/> | ||
Action of Debt, <gap/><lb/> | Action of Debt, <gap/><lb/> | ||
<gap/> Protection <gap/><lb/> | <gap/> Protection <gap/><lb/> | ||
not more than <gap/><gap/><lb/> | |||
Wager of Law shall<lb/> | Wager of Law shall<lb/> | ||
be allowed: & it shall<lb/> | be allowed: & it shall<lb/> | ||
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that the debt<lb/> | that the debt<lb/> | ||
is indebted to the <gap/><lb/> | is indebted to the <gap/><lb/> | ||
in the | in the <gap/> of ...<lb/> | ||
being forfeited by an<lb/> | being forfeited by an<lb/> | ||
offence against <add>such an Article or Articles of</add> the<lb/> | offence against <add>such an Article or Articles of</add> the<lb/> | ||
General Turnpike Act<lb/> | General Turnpike Act<lb/> | ||
.. <gap/> made in such<lb/> | .. <gap/> made in such<lb/> | ||
a year of <add> | a year of <add>this reign of</add> <del>his Majesty</del><lb/> | ||
<del>King</del> George <gap/> third<lb/> | <del>King</del> George <gap/> third<lb/> | ||
& being such a Chapter.</p> | & being such a Chapter.</p> | ||
<p>A Forfeiture specific<lb/> | <p>A Forfeiture specific<lb/> | ||
by Action of <add>for damages</add> <del>< | by Action of <add>for damages</add> <del><unclear>in which the</unclear> value</del> of the thing sued for <gap/><lb/> | ||
be given in damages</p> | be given in damages</p> | ||
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Bench, Exchequer of Common Pleas, wherein no <gap/><lb/> | Bench, Exchequer of Common Pleas, wherein no <gap/><lb/> | ||
<gap/> nor Wager of Law, nor any more than one<lb/> | <gap/> nor Wager of Law, nor any more than one<lb/> | ||
<gap/> shall be <gap/>: for a Forfeiture <unclear>pecuniary</unclear> <add>specific</add><lb/> | <gap/> shall be <gap/>: for a Forfeiture <del><unclear>pecuniary</unclear></del> <add>specific</add><lb/> | ||
by Action of <gap/></del></p> | by Action of <gap/></del></p> | ||
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the Declaration that the Debt is indebted to the <gap/><lb/> | the Declaration that the Debt is indebted to the <gap/><lb/> | ||
in the sum of ... being forfeited by the General<lb/> | in the sum of ... being forfeited by the General<lb/> | ||
Turnpike Act ... G. B. C. ... | Turnpike Act ... G. B. C. ... Art. And in <gap/> Action<lb/> | ||
Evidence <add>Proof</add> of the Offence shall be sufficient proof of property<lb/> | <del>Evidence</del> <add>Proof</add> of the Offence shall be sufficient proof of property<lb/> | ||
in the matter in demand: of either <gap/> <gap/> shall be <add><gap/> Commencement <gap/></add><lb/> | in the matter in demand: of either <gap/> <gap/> shall be <add><gap/> Commencement <gap/></add><lb/> | ||
given before commencement <add>within <gap/> month after the</add> Offence, but <add>yet</add> not till <add>after</add> 10 days <add>written</add> notice:<lb/> | given before commencement <add>within <gap/> month after the</add> Offence, but <add>yet</add> not till <add>after</add> 10 days <add>written</add> notice:<lb/> | ||
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<p>In Actions for Damages against the <unclear>Hundred</unclear> <del>shall be</del><lb/> | <p>In Actions for Damages against the <unclear>Hundred</unclear> <del>shall be</del><lb/> | ||
<del>brought by</del> the Clerk of the Peace of the County for the<lb/> | <del>brought by</del> the Clerk of the Peace of the County for the<lb/> | ||
time being <del><gap/><gap/></del> <add>thus</add> | time being <del><gap/><gap/></del> <add>thus</add> entitling himself without<lb/> | ||
specifying his name, shall be | specifying his name, shall be allways <gap/> The<lb/> | ||
sum <add>balance</add> received [charges out of Pocket being deducted]<lb/> | sum <add>balance</add> received [charges out of Pocket being deducted]<lb/> | ||
shall be paid by him to the Trustees for the<lb/> | shall be paid by him to the Trustees for the<lb/> | ||
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<note>Backing Warrants</note> | <note>Backing Warrants</note> | ||
<p><del>Where an Offender convicted or person <add>party</add> ordered to pay</del></p> | <p><del>Where an Offender convicted or person <add>party</add> ordered to pay<lb/> | ||
<unclear>money</unclear></del></p> | |||
<p>§57</p> | <p>§57</p> | ||
<p>[Where] <add> | <p>[Where] <add>Whom]</add> he on whom money ought <add>is</add> to be levied <del><gap/></del><lb/> | ||
<add><del>being <gap/> <gap/></del></add> is out of the district where the obligation to pay is<lb/> | <add><del>being <gap/> <gap/></del></add> is out of the district where the obligation to pay is<lb/> | ||
accrued; a Justice for the district where he is, on<lb/> | accrued; a Justice for the district where he is, on<lb/> | ||
sight of a [true] copy of the Conviction or Order<lb/> | sight of a [true] copy of the Conviction or Order<lb/> | ||
proved by <add>verified on</add> Oath shall issue his Warrant for < | proved by <add>verified on</add> Oath shall issue his Warrant for Distress<lb/> | ||
of Sale & in default of sufficient <gap/>,<lb/> | |||
for committment < | for committment <del>of the defaulter</del> [according to] <add>as in</add> the preceding Article.</p> | ||
SECT. XIII The Mode Of Judicial PROCEDURE
Concerning the Mode of Procedure touching offences
against this & other Turnpike Acts it is thus enacted
Insert this is among
the Definitions &c
I
for Forfeitures or for Money due
[Procedure is either 1 Summary Regular or 2 Regular Summary
II
Summary Regular shall be is by Action of Debt in [any of his
Majesty's Courts of] King's Bench, Exchequer or
Common Pleas.
III
Procedure [when] Summary is either by Information
before a Magistrate herein specially appointed or
by his own ]
IV § 63
For Offences Forfeitures against or Merits due by virtue of other Turnpike Acts, made subsisting
or to be madeor future, Procedure may be either after [in the
the manners summary mode] therein respectively presented, or by
Action as aforesaid aforesaid in the Regular mode by Action
V
For [Forfeitures for] Offences against or Monies due by virtue of its this Act may be recovered the procedure
may be regular or either in a summary or a regular mode, except in
the cases mentioned in § 33 34 & 63, where it the procedure
shall be in the regular mode alone.
Evidence
Limitation — none
Forfeitures given by this may be provided for in a summary
way for all offences created by it against every Article of it thereof
except
besides
Jurisdiction
When the In summary procedure, the Magistrate shall
be a Justice; or, in offences against Articles ...
... The number of Trustees in Articles...
... respectively regarded presented.
EVIDENCE
compulsion clause — none
The Evidence, to convict Confession or Oath of witness, in
offences against Art... §31 at Justice's the Magistrate's own order:
A Witness shall not
be rendered incompetent by
[interest arising from]
Inhabitancy
LEVYING
This must be general
The mode of levyingwhere the penalty — Distress of Sale according to G.2. by Warrant
from a Justice where specific by delivery by the Constable
Imprisonment
In cases of Where there isdeficiency of distress a sufficient distress not otherwise can not be found, the Party Imprisonment
shall be imprisoned shall then take place by on Warrant from a
Justice
Place of
Time
Backing Warrant
Place of Imprisonment shall may be the Common
Gaol or House of Correction at the discretion of
the Justice Magistrate — The Time Duration not less than ...nor more than 3 Months
determinable at any time upon payment.. except that
[then come with the particular times specified in particular
Sections]
may be brought in the Courts
of K.B., Exchequer or Com. Pleas
Action shall be commenced
within one
month after the Offence
but not till after
10 days written notice
proof of the offence
together with such notice
shall be sufficient
proof of property in
the matter in demand
There shall be but one
Recovery for one Forfeiture
or one sum
due: The party prevailing
shall have costs.
A Forfeiture pecuniary
shall be sued for by
Action of Debt,
Protection
not more than
Wager of Law shall
be allowed: & it shall
be sufficient to declare
that the debt
is indebted to the
in the of ...
being forfeited by an
offence against such an Article or Articles of the
General Turnpike Act
.. made in such
a year of this reign of his Majesty
King George third
& being such a Chapter.
A Forfeiture specific
by Action of for damages in which the value of the thing sued for
be given in damages
VI
The Regular mode shall be for a Forfeiture pecuniary by Action of Debt on the Kings
Bench, Exchequer of Common Pleas, wherein no
nor Wager of Law, nor any more than one
shall be : for a Forfeiture pecuniary specific
by Action of
VII
To prevent Abatement — In an Action for Damages
In Action of Debt for a Forfeiture it shall be sufficient to alledge in
the Declaration that the Debt is indebted to the
in the sum of ... being forfeited by the General
Turnpike Act ... G. B. C. ... Art. And in Action
Evidence Proof of the Offence shall be sufficient proof of property
in the matter in demand: of either shall be Commencement
given before commencement within month after the Offence, but yet not till after 10 days written notice:
there shall be no more than one Recovery for one Forfeiture
or one sum due; a succeeding recovering, shall have
Full Costs.
To prevent abatement
In Actions for Damages against the Hundred shall be
brought by the Clerk of the Peace of the County for the
time being thus entitling himself without
specifying his name, shall be allways The
sum balance received [charges out of Pocket being deducted]
shall be paid by him to the Trustees for the
benefit of the
Backing Warrants
Where an Offender convicted or person party ordered to pay
money
§57
[Where] Whom] he on whom money ought is to be levied
being is out of the district where the obligation to pay is
accrued; a Justice for the district where he is, on
sight of a [true] copy of the Conviction or Order
proved by verified on Oath shall issue his Warrant for Distress
of Sale & in default of sufficient ,
for committment of the defaulter [according to] as in the preceding Article.
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