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New. TRUSTEES. Orig.
SECT.II
ART. VII
If a Gate be set up or continued by Trustees without authority, the Quarter Sessions shall upon complaint
in a summary way, order the Sherriff to remove it.
Observations
The tautology of this section, tho' perhaps the highest in
it's degree, is the most innocent in its kind, of any
throughout the Act. It generates not a single
doubt: item or a dozen lines of "Que genus" or "As
in praxenti" scattered between the words that are significant
could not be more harmless.
+ Else it were to little purpose he should have it
ART. IX.
Trustees shall order their Surveyors to set up (where there are
not any such already) the erections following. 1. At places where
several Highways meet, a Stones or Posts indicating by an inscription
in large characters the names & distances of the next Market
Towns and other considerable places to which they lead.
2. As the approaches to such parts as are subject to deep
or dangerous floods, Stones or Posts for indicating by a graduated
scale the depth of the water in the deepest point, & for directing
to the safest track. 3. At every miles interval, Milestones
indicating the distances from the principal towns & places
on the road.
Observations
As the execution of this clause admitts some varieties through local
causes; hence it is that Surveyors must take their directions not
immediately from the Act, but from Trustees, tis therefore to the
latter that it must be addressed in the first instance.
The figures used for Milestones & Direction Posts, in
I believe more frequently Roman numerals than Cyphers:
yet the latter seem universally to deserve the preference, As
being more generally used and understood, they are better for the poor
who travel slow: as taking up less room, & therefore being easilier
apprehended at a glance, they are better for the rich who travel quick
Let any one suppose himself to be whisking by a Milestone with
these two numbers on it [CCLXXXViii.288.] in a Postchair &
four, & then think which of them he would be the post likely to carry
with him.
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ART. X.
Trustees shall give order concerning the apportionment of
Tolls to the breadth of Wheels, according to Sect: Art.
& to the number of Beasts drawing, according to Act . . . . : &
shall confirm in granting in admitting of exemptions to Art. & in making
compositions to Art....
Observations
With this Article finishes that part of the Section in which
the number of Trustees stands undetermined. The remainder
exhibits those wherein the numbers are determined, in the order
of decreasing series of those numbers.
It is not improper to insert Articles here referred to (together
with such others relating to Carriers as Trustees have the special superintendence of)
in the chap Section intitled from that class of persons, for the reason opposite to that which
makes it otherwise as we just now observed) in the instance of Surveyors: and it
is necessary, that they may have time to order the implements of their business (their
carriages, their homes &c) in conformity. This they would not have, if the first notice
to them of the regulations respecting those implements were to arise from the Rates &
Orders stuck up at Turnpike Gates. It were to little purpose for a man to know
The Sections of the Original, corresponding to the several Articles of the
New Draught referred to in this, or inserted to face those Articles, in the
Section concerning CARRIERS
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SECT. XLI
Trustees abusing or exceeding their Power, in any of the Instances here mentioned.
And be it enacted, That if the Commissioners and
Trustees appointed, or to be appointed, to put any Act
of Parliament, made or to be made for the Repair of
any Turnpike Road, into Execution, shall abuse or exceed
their Power, by erecting or causing to be erected, or
continuing or causing to be continued, any Gate or
Gates, Turnpike or Turnpikes, where they have not
any Power, by virtue of any Act of Parliament, to
erect such Gate or Gates, Turnpike or Turnpikes; it the General Quarter Sessions may determine any Complaint made thereof in a Summary way:
shall and may be lawful to and for the Justices of the
Peace of the County, Riding, Division, or Place,
where any such Gate or Gates, Turnpike or Turnpikes,
is or shall be erected or continued, in their General
Quarter Sessions assembled, upon Complaint of such
Abuse or Excess of Power in such Commissioners and
Trustees, in a summary Way to hear and determine the
same; and thereupon to order the Sheriff of the County, and the Sheriff is to execute their Order.
who is hereby authorized and required to execute such
Order, + Else it were to little purpose he should have it. to remove any such Gate or Gates, Turnpike
or Turnpikes.
SECT. XXX
Direction Posts to be set up where several
Highways meet; And, for the better Convenience of Travellers, where
several Highways meet, be it further enacted, That the
Commissioners or Trustees appointed, or to be appointed,
to execute any Act of Parliament made, or to be made,
for the Repair of any Turnpike Road, shall direct the
Surveyor of every such Turnpike Road where several Highways meet, and there is no sufficient Direction Post
or Stone already fixed or erected, forthwith to erect, or
cause to be erected, or fixed, in the most convenient Place
where such Ways meet, a Stone or Post, with an Inscription
thereon in Large Letters, containing the Name
of, and Distance from
Towns, or other considerable Place or Places, to which
the said Highways respectively lead; and also, at the several and where the Highways are subject to deep or dangerous Floods;
Approaches or Entrances to such Parts of any
highways as are subject to deep or dangerous Floods,
graduated Stones or Posts, denoting the Depth of Water
in the deepest Part of the same; and likewise such and for guiding Travellers in the safest Tract.
Direction Posts or Stones as the said Commissioners or
Trustees shall judge to be necessary, for the guiding of
Travellers in the best and safest Tract through the said
Floods or Waters; and also shall order the said Surveyor Milestones also to be set up:
to erect Mile-stones upon such Turnpike Road, with proper
Inscriptions and Figures thereupon, denoting the
Places and Distances from the principal Towns or
Places on each respective Road; and the said Surveyor The Expences to be defrayed out of the Tolls.
or Surveyors shall be reimbursed the Expences of providing
and erecting the same respectively, out of the
Tolls and Duties granted by such Acts respectively: And Surveyors neglecting their Duty herein, forfeit 20s.
in case any Surveyor or Surveyors shall, by the Space
of Three Months after such Direction to him or them
given, neglect or refuse to cause any such Stone or Post
to be fixed as aforesaid; every such Offender shall forfeit
the sum of Twenty Shillings.
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