Dover and Sandwich Road Act 1801
| Jurisdiction | UK Non-devolved |
| Citation | 1801 c. xi |
| Year | 1801 |
i
ANN0
QUADRAGESIMO
PRIM0
GEORGII
111,
REGIS,
clp.
I
IC
An
A&
for
altering,
widening,
and
repairing
the
Road
leading
from
the
Town and
Port
of
DOVOP-
to
the
Town
and
Port
of
Sandwich,
through
the
Pa-
rifh
of
WaZder-are;
and
alib
the
Road
from
the
preknt
Turnpike
Road
leading: from
Douor
to
Bar-
‘up
Ke$zey
CouS
HdZ,
to
the
Pariih
otherwife
Benu.rfieZd,
in
the
County
of
[
2d
April
ISOI.3
the
Road
leading
from the Town and Port
of
DGWN
Preamble.
HERE
AS
to the
Parifh
of
Piit/defl!n&,
and
from
thence
to
the Town
and
Port
of
Sntldwirb
in the County
crf
Kent,
(being the old and
dire& Road),
is
much
out
of
Repair, and in inany Places
narrow,
cir-
cuitous,
and incommodious, and
is
in
mzny
Parts
very ruinous and
un-
fafe, and the Statute
Work
is
not
fuficient
for repairing 2nd amending
the fame
:
And whereas
a
great
Part
of
the preknt Road might
be
very
confiderably
widened, altered, and improved,
fo
as
to
make
it
fafe
and
commodious
for
Carriages and PaiTengers, and
the
Diitance
of
the
Road
from
Covor
through
@/kld?yJhare
to
$mdwirh
confiderably fhortened,
which would
be
of
great publick Utility,
and
of
much Benefit
to
the
Inhabitants
of
D3wr,
Sciihuich,
the
&‘L?
Thanet,
and
the
adjacent
[
I,GC.
‘2
Pet
.I
A3
J
Country,
106
41~
GEORGTI
111.
Cap.
11.
country, and particularly advantageous to
the
Trade
of
that
Part
of
the
Country
;
but the Purpofes aforelaid cannot be effeded without the
Aid
and
Authority
of
Parliament
:
May
it therefore pleafe Your Majefty that
it
may be enaQed
;
ad
be
it.ena&ed
by
the
King's
mofi
Excellent
Ma-
jefiy,
by
and
with
the
Advice and Cbnfent
of
&e
Lords-Spiritual and
Temporrl, and
Coi'mons,
in
this prefent Yarliamcnt
aRembled,
and by
the
Authority
of
the fame,
That
the Right Honourable
Wdiarn
Pitt,
the
Honourable
Francis North,
Sir
Edward
Knatchbull
Baronet,
Sir
William
Geary
Baronet, the Members
for
the
Couiicy
of
Kent
for
the
Time being,
Charles Small PyhJ
j%hn
Trcvanion,
the Members
for
Dovor
for
the
Time being, Sir
Henry Oxenden
Baronet, Sir
Narbamgh
D'
Aeth
Baro-
net,
Sir
Robert Laurie
Baronet,
Sir
Brook Brydges
Baronet,
Sir
Horatio
Mann
Baronet, Sir
Philip
Stephens
Baronet,
the
Members
fgr
Sand-
wich
for the
Time
being, Sir
Henry Harvey
Knight
of
the Bath,
the
Mayor
of
Dovor
for the
Time
being, the
Mayor
of
Sandwich
for
the
Time being,
Gujiiavus
Beyod,
Thonias Barrett, Thomas
Bigzs,
Edward
liniewell Brydgm
Clerk,
William
Boy,
Wzlliant Boteler, Robert Tournay
Bargrave, John
Boys,
Edward
Boys,
John
Raven Bray, Williani Baker,
Williani
Wyborn
Bradlcy, William
Fuiier
Botder,
Thomas
Beyey, CYilZians
Curling, Robert Curling,
Samuel
Collett, Thomas Coleman, flrilliam
Cole-
man,
Stephen
Carter,
Yrcel
Claringbould, John
Dilnot,
Charles Dering,
George Deriiy, Richard
Blucket
De Chair
Clerk,
Thomas Delannoy
C1rrkJ
JVi'il!iani Davics, JVillianr
Gibbs
Dcal, Lawrcnce
Diinot,
James Denne,
Richard
En~n~e$m,
Edward
Erridge, George Eaji'es, William EaJZes,
Peter
FeeRor,
John
Minet
FeAor, Janies Peter Fedor, Edmund
Fowwlc,
George
Finch,
GL
orqe
Finnis, James
Gunman,
Thomas
Goqrey, George
Giplls
Clerk,
Edward George, Richard GarJde,
Thomas
GavJ;de, Benjamin
Glanqicid,
Richard
Harvey
Clerk,
John
Springet Haruey, William
tia1:i-
mond, Samuel Harvey,
Henry
Wye Harvey, George
Hannani,
George
Hooper,
yohn
Hollnms,
Thomas IIoile, Henry
Hanriam,
Thomas
f!arve?r,
Underdmm Harvey, Thomas Horn,
rhonias
Horn
junior,
William
Hot
n,
Joh
Harvey, 7homas Hatton, Stephen Long
Jacobs
Clerk,
games
JcAin,
.
Jcfiph
&gulden, Phineas Kennett,
Thomas
King, William
King,
N?!!ia,:i
Kingsford, William Knocker, Thomas Batenian Lane, Johia
12yov
Clei
k,
I/f'lliam
Lade
Clerk,
George
ychn
Piercy Leith,
Jobrr
Lath&
Snmud
Lnthnni,
Richard
Lee,
Henry
Loud,
John
iWDowgnl
1iSni.y
Jf~:7th,
Thomns
Mantell,
yohn
May,
JqGph
Mc,$,
Joh,~
Mode,
l3Wimz Ojborn
M.
I).
Henry
PIumpt;.cc,
PhiIi?
Po?ilhn
Clerk,
7an:c"s
hlc!bur:A
Poi?&t.r,
.'kLichrrrd
Pcti-
ninn,
Thonzns
Ptttman,
%TGh?2
Page,
Nfillirm
Ph,:$s,
j'otn Pilrher,
Jojcph
Mibb
I'iIL
her,
?eh
Poi}?,
yobn
Ph$Ps,
?honm
i
Daliitl
Rahtc-i-,
Lieutenant-General
Edwtrr!
Smith,
Hardii-ge
Jtrncey;
Thomas
su,
I'GZ
M.
D.
yanies Minet
Sayer
Clerk,
Aleunnder James
Smith
Clerk,
Phin
as
Striiigtr,
George
S'ti-inger,
Benjmiin
Fuiler
Stow,
Thomas
~ol~y,
I-i'enry
~ayev,
AuguJine
Snaithers,
Willinn1 Sankey,
John
Sanip/in,
'fohn-
Sl';ipdeni,
JGph
Soiiy,
James
Sb$deni,
John
Sbarpc, William
Slough
fer,
CVilLicitn
Toziynliy
Clerk,
Francis
Thatrher,
Thomas Tanrbs, W7illianr Thjonfitt,
lohn
~ay/or,
Renjamin
4>ylor,
Charie;
VJiIZard,
William
h?zlkci-,
T~ME
WaLker,
?arm's
Cvyborn, firi&vn White, Thomas
Wet!
on,
Z,eonnrd
fi~lood;
John
White, Tomes Walker,
and
Richard
CaJlehow
Wakejchi,
and
their
Sur-
ceflors,
to
be
eleQed
in
Manner herein diitded,
hall
be
and
they
are
hereby declared to be Trufiees
for
altering, widening,
sild
repairing
the
Road
from
the
prefent
Turnpike
Road
leading
from
the
Tuwn
and
Port
of
Dotlor
41O
GEORGII
111.
Cap.
rx.
Dozror
to
Barham
Downs,
up
Ke$iey
Court
Hill,
though the
Pafith
of
Waldtrfiare
to the Town and Port of
Snnduicll,
in
the County
of
Kent
;
and
alfo
for making. altering, and repairing
a
Koad from
Saint
Jamds
Strect,
in the faid Town and Port of
Do.uor,
by
or
over
a
certain Hill
called
GI-ecn
Hill,
to join the hid Road at the
Top
of
Kefney
Court
Hill
in the faid County.
be or be deemed to be good, valid, or effe&ual, unlefs the fame be
done
sit:$a
at
fome Meeting
to
be holden
in
purfuaiice
of
this AB, except as may
be herein excepted
;
and that all the Powers and Authorities
by
this
Majoiity
pre-
A&
granted to the
faid
Truitees hall and may
be
exercifed, from 'Time
ieilt
may
a**
to 'hie, by the major Part
of
them who
hall
attend at any Meeting
to
be
holden in purfuance
of
this AB, the Number
of
fuch Truftees prefent
at
fuch Meeting not being lefs than Five, and all the Orders and Proceed-
ings
of
the major Part of Cuch Trufrees prefent at fuch their feveral
Meetings, iiiall have the fame Force and EEe& as if the fame were made
or done by all fuch rerpeQive Truitees for the lime being (fave and ex-
cept as
may
be herein exceptedj; and at every Meeting
of
the faid
Chairmanto
Trufiees
a
Chairman ihall and may be appointed, and when and as often
be
appointed'
as
it
hall
fo
happen that
there
ilia11 be an Equality
of
Votes at any fuch
Meeting upon any cueition (including the Vote
of
the Chairman) then
and in fuch Cafe
it
hall
and
may
be lawful to and
for
the Chairman to
give the decifive or cafiing Vote.
111.
And be
it
further enaaed, That upon the Death,
ot
Refufal, or
EleEtion
of
Difability to a&, of any of the fdd Trufrees hereby appointed,
or
their
new
Trufiee'r
Succeffbrs, to
be
eleAed in Manner herein mentioned, it
ilia11
and
may
be lawful
to
and for the furviving or reniainicg Truftces, from Time
to
Time,
to
elec?
and
appoint
One
o:her
Perfon to be
a
lrultee
in
the
Rooill
of
each Trufiee
fa
dying, or
reftii;ng,
or
being incapable of
a&-
ing,
and
Notice
of
the lime and
Phce
of
rt!e
Meeting for every fuch
EleBion
ffiall
be given
in
Writing
uiider
:lie
Eand
of
the
Clerk
of
the
faid
I'rufiees for the Time bEi:i;:.;
:o
be
atfihed
on
all
acd every
of
the
Turnpikes which
kdll
be
thci1
iianding
on
the
hid
Roads,
at lea& Ten
Days
beiore TUC!! 1Ieetir:g
;
ad
every i'erion
fa
eleEted
a
new Trufiee
as
atorcljid,
ihall
b?,
and
iie
is
hereby
empowered
to
a&
in the Execution
of
th.s
AQ,
to
all
Iiirents
and
Purpofes,
in
as
fuil
and
ample
a
Mariner
as
the
l'ruitee in
wiiofe
Rooin
11.
And be it further enaBed, That no A&
of
the faid Truftees ha11
No~~ralid
Smd
he
hall
have
bee:i
fo
eieaed.
IV.
Proi.:&d
alxays,
and
h:
it
cnaL?ed,
That no Perfon
hall
be ca-
Qalificaticnr
pable
of
arting
ai
a
'l'ruitee
i.:
tile
Ewcutisn
of
this
At?,
uniefs he
fliall
Of
TruRee"
be
in
his
o;iil
Righ:,
or
in
:hc
Right
of
his
Wik,
in
the aQual
POL
f&or,
or
Xeceipt
of
tiit=
Rents
and
Profits
of
Lands, Tenements,
or
Hereditaments,
OF
the clear )cdy Vaiae
of
Forty
Pounds,
or
be
pol4
fefl'ed
of
01.
entitled to a
Perfo:ial Fitate
of
the Value
of
Light hundred
Pounds, or fhall be Heir Apparent
of
ioine S'erfon poireifed
of
an Eitate
in Land
of
the clear ycarly
Value
of
One hundred Pounds
;
and if
any
Perfon not being
fo
qualified
kall
neverthelefs prefume to a&
as
a Trufiee
in
the Execution
ot
this
AB,
every
fuch
Perfon
hall,
for every fuch
Offence, forfeit
and
pay the Sum
of
Fifty
Pctunds
to any Perfon
or
Per-
fons who
hall
fuc
for
the
fame,
ts
be
recovered in any
of
His
Majefiy'a
Courts
of
Record, by AQion of
Debt
or
OII
the
Cafe, or by
Bill,
Suit,
or
108
41"
GEORGII Cap.
11.
Or Information, wherein
no
Effoign, Proteaion,
or
Wager
of
Law,
or
more than Onr Imparlance hall be allowed
;
and
fuch Perron
fo
fued
or
profecuted hall prove that he
is
qualified as aforefaid,
or
otherwife hall
pay the
faid
Penalty, without any other Proof on the Part
of
the
Plain-
tiff or Profecutdt than that fuch Perfon hath aaed as
a
TruRee
in
the
Execution
of
this
Aa.
All
of
TI
uRees
not
if
done
before
Con
vietion,
valid.
V.
Provided neverthelefs, That
all
Acts and Proceedings
of
any Per-
fon
or
Perrons acting as a Truitee
or
TrQftees in the Execution
of
this
Act, though
not
duly qualified as aforefaid, previaus
to
his or their be-
ing tonvicted
of
the faid Ogence,
hall,
notwithfianding
fuch
Convic-
tion, be
as
valid and effectual as if fuch Perfon
ot
Perrons had been
qua-
lified according
to
the Directions
of
this
Act.
Vifiuallersv
of
VI.
Provided always, and
be
it
enatled,
That
no
Perron
or
Perrons
who
fhall keep any Vitlualling Houfe, Alehoufe,
or
other Houfr
of
pub-
lick Entertainment, or who hall fell any Wine, Cyder, Beer,
Ale,,
Spi-
rituous or other Strong Liquors,
by
Retail, fhall be capable
of
a&inp as
a
'Trultee,
or
of
taking, holding,
or
enjoying any Place or Places-
af
Truit or Profit under the faid Trufiees, or
of
colleQing the
Tolls
hereby
ranted and made payable, during fuch Time as he,
fie,
or
they ihaH
ieep fuch ViQuaIling Houfe, Alehoufe,
or
other Houfe
of
publick
En-
tertainment,
or
hall fell any Fine, Cyder, Beer, Ale, Spirituous
or
other firong Liquors, by Retail
;
but
no
fuch Perrons
fhdli
be precluded
from
farming fuch
Tolls,
provided he, he, or they employ a
Pcrfon
to
collet9 them,
who
fhall not be under any fuch Incapacity.
er.
incspdble
?',uRees
may
VII.
And
be it further enacted, That fuch of the Did Truftees as
are
2-t
as
Juffices*
or ffiall
be
Jufiices
of
the Peace, hall and
may
in their refpetlive Jurif-
except
where
perfi,,,al
In-
diaions, and they are hereby empowsred to aB as JuItices
of
the
Peace
in
rtieited.
the
Execution
of
this
A&,
notwithfianding their being Truftzes, except
only
in
fuch
Cafes
where they
hall
be perfonally interefied.
Meeting.
Vnf.
And
be
it
further enaaed, That the raid Trufiees
hall
meet
at
the
Guildford
Am:s
Inn,
in
the
faid
Pariih
of
@Wier-hm-e,
011
the
,Wed-
n$dq
Fortnight after the paffing
of
this AA, between the Hours
of
'Ten
in the Forenoon and One in the Afternoon, and
fhdl
then
and
there
proceed to carry this
A&
into Execution, and kall and
ma;y
at
fuch
Meeticg,
and at their feveral Meetings
to
be holden
for
the
Purpofe
of
carrjirig
!his
AQ
into Execution, from Time to
Time
adjourn
tlieriifelvea,
and appoint their next Meeting
to
be holden at fuch Place
near
to
any
Part or Parts
of
the faid
itodds,
and at fuch
'lime
as to them
flidll
feein
proper
;
and
if
it fhall
fo
happen that there
hall
not
appear
at
any
fuck
Meeting a
fufficienc
Number
of
Triiikes to ad
in
the
Execution
of
this
A&,
the Trufiee or
l'rui'tees
then prefent,
or
the
Clerk
to the raid
Truitees,
hill
from
'I'ime
to
Tinie,
as
often
as
fucti
Cafe
fndii
happen,
adjourn iucti Meeiiiig
to
tome
other
Day,
within
T'hirty
Days
front
the
Day
011
which hch Adjocrnment
hall
be made, and
hall
caure
pubtick
Notice thereof
to
be
$\en in
Writing
affixed on
a11
the Turnpikes
ercfled
by
virtue
of
this ,ict, or to
be ink'crted
in
One
or
morc
ni
the
publick
Newfpapers,
printed and circulated in the
Eattern
Parts
of
the
haid County
of
Kint,
a:
leaft
Tell
Days
before
the
Day
to which
fuch
Meeting
hall
be
fo
adjourned
j
and
the
kid
Truitees
hall
at
a!l their
hlee
t
i
xg
s
41O
GEORGII
111.-
‘09
Meetings defray their own Expences; and that none of the
faid
Ttuftees
Trilllees
to
fiall.be capable of acting in the Execution
of
any of the Powers liereby
grantdd during the ‘Time he hall hold any Place
of
Profit under this
”.
Act.
IX.
And be it further enacted, That if after the Adjournment
of
the
Meetingspn
faid
Trufiees it
hall
at any Time be rhought neceCiry that an earlier Day
fhou-lcl be appointed than the Day to which fuch Meeting
hall
havc been
adjourned5 then and in fuc6 Cafe the Clerk
to
the faid Trurtees (an
Or-
der
in Writing,
iigned
by
Three or more of the faid Truitees, mention-
ing
the
Time
and
Place, and Purpofe
of
fuch Meeting, being given
to
him;
.or
ldt at
his
lafi
or dual Place of Abode)
hall
forthwith give
Notice thereof in Manner before directed, and
of
the Time and Place
which hall be mentioned in the Order of the faid ?’ruff ees, (fuch ‘Time not
being
Ids
than Ten Days after fuch Notice), and all Proceedings
of
the
faid Trultees at fuch
Meeting
flia!l
be
as
good arid valid
as
they
would
have been in cafe Cuch Truitees had met in purfuance of any
Ad-
journment.
more of the faid Trufiees fliall be revoked or altered uniefs %’ifteen
or
u,,;e(s
T~~
more of the faid Truftees
fliall
be then prefent, and Ten or more hall
Truitetscon-
concur therein,
and
un1el-s
Notice
hail
have been given by Five Truitees
“li’
to
their
hid
Clerk
of
their Defire to have
a
Meeting for the Purpofe
of
taking into Confideration the faid Order, with
a
View to revoke or alter
the fame, and in fuch Cafe Notice in Writing hall be given by fuch
Clerk, TenDJys at the
ldi
before fuch Meeting, to, or left
at
the
dual
Place
or Places of Abode of fuch TruItees as were prefent when the
Qrder
was
made,
of
the Intention to revoke
or
alter any fuch Order.
No
Order
to
be
rcvokcd
X.
And be it further enacted, Thit
no
Order
made
by
any
Five
or
XI.
And be
it
fiirther enacted, That the faid Tru3ees fliall caufe to
P,cceedksto
b;
eitteird.
be provided
and
kept
a
proper
Book
or
Books,
and fair and regular
En-
tries to be made therein
of
all eheir
Acts,
Orders,
and
Proceedings re-
lative to the Execution
of.
this Act, and
of
thc Names of all
fuch
Truf-
tees
as
fliall be prefent at their feveral Meetinqs
;
and
all Entries in
fcch
Book
or
Rooks,
bcing
lipd
by
the
Chairniin and Clerk then prefent,
or either
of
them, ih~ll be deemed Origina!s, and
Chi!
be
aI1ov;ed
to be
read
as
Evidcnce in all Cafes, Suits,
a;id
AAbns
touching
or
cimcerning
any lhing done in purfuance
of
this
-\it;
2nd
that
fuch
Book
or
Books
hall, at
all
of
the Meetings
of
the faid ’Truflces, be open and liable
to
th.e
Infpetlion of
all
and every of the Liid ‘l’rufiees,
and
of
the Creditors
on
the Tolls hereby granted
and
made
payable
j
and
thai
any
of
the faid
Trufiees and Creditors
fliall
and
may
have
and
take Copies thereof, paying
for every
Copy,
not exceeding One
!iunhed
‘IVords, the
Si1m
of
Six-
pence,
and
fo
in
Proportion for any greater or
le!;
Number
oi
Words.
XII.
And be it furthcr enaeed,
That
the
faid
Truftees may and
they
Trultees
to
appoint
Ofi-
are hereby enipoweied,
by
Writing under their Hands, to appoint
a
cerb,
Treafmer or Treafurers, Clerk
or
Clerks, and
a
Co!lec?cr or ColieAors
of
the
Tolls,
and
a
Surveyor or Surve)ois
of
thz
Rocids
within their re-
ipec‘tive
liittiic‘ts,
and
alii,
fuch other Officer< and Pcrions for the
Exe-
cution of this
A&
as
[lie
faid
‘1’ruitet.s
&all
think proper
;
and
from
Time
[Lcc.
P
Per.!
LE
to
III.
Cap.
I
r.
allow
f
hrm
Salaries.
Trulteps
t
t
take
(ecul
ity
ftooi
the
Treafur
cr.
Oficeis
to
account,
fre3furer
to
account
on
Oath.
and
remove
to
The
to
remove fuch Of?icers and Perrons refpeaively,
as
they hall fee
Occafion, and out of the Monies to be received
by
virtue of this a& to
them.
a
d
ma)
allow
and
pay fuch Salaries, Wages, and Allowancks to the faid OEicers
and
other Pcrfons
as
the faid TrulZees
i’hall
think reafonable
;
and the faid
Trurtees
hall
and they are hereby required to take fuch fufficient Security
from
every fuch Treafurer and o:her Officer,
for
the due Executinn
of
his
Office,
as they hall think proper
;
and
all
fuch Officers
fo
to
be
ap-
pointed hall, under their Hands, at fuch Time or Times, and
in
fuch
Manner
as
the faid l’rufiees
ffidll
dirett, deliver to the Paid Truftees,
or
to
hch Perfon
or
Perfons as they
ihali
appoint, true and perfea
Ac-
counts in Writing of all
Mattcrs
and ‘l’hings committed
to
their Charge
by
virtue of this
A&,
and
allo
or
all
the
Monies which
hall
have been
by fuch Officers refpefiively reccived
by
virtue of and for the Piirpofes
of
Phis
AQ,
and
how much thereof hath been expended and dihurlred, and
for what Purpol‘e, together with proper Vouchers for fuch Payments, and
hall
pay all fuch Monies
as
Gall renlain due from them refpeQively
to
the
faid
Truftees,
or
to
fuch Peifon
or
l’trfons
as they
ffiall
appoint
to
receive the
fame
;
and cvcry fuch Treafurer
fhall,
on
the Firit
iVondny
in the Month of
yu’y
yearly,
or
at
the EirR Meeting
of
the
laid
Truikes
then next following (altliough not thereunto required
by
the fid ‘I’ruf-
tees)
lay
his Accounts before the hid Trufiees, in order that the fame
may be audited, paffed, and allowed
by
them,
if
approid
of;
and
all
the faid Officers
fo
accounting
as
aforefaid,
hi1
upcn
Oath
(which Oath
any One of the faid Trufiees
is
hereby
empowered
to
ad~i~inih) verify
their faid Accounts
;
and
if
any fuch Oificer fhall refufe
or
negleft
to
make 2nd render, or to verify upon
Oath
any fuch Accounr,
or
to
pro-
duce and deliver
up
the Vouchers relatin?
to
the fame,
or
to
make Pay-
ment
as
aforefaid, or
hall
reful‘e
or
wiifully neglcct to deliver
to
the faid
Trufiees, or any Fire or more of them {or to fuch Perfon
or
Peifons as
they
hall
appoint
to
receive the
ram,
cithin Fourteen
Da)s
next
after
being thereunto required
by
the faid Truftees,
by
Notice in Writing
given to, or left at the
lafi
or dual Place
ofilbode
of
l‘uc?~ Oficer)
ai1
Books,
Pqers, and Writings in his Cuftody or Power,
Ithifig
to
the
Execution
of
this
Act,
or
give Satisfaction to the
faid
I’rufices
iLf$xtin%
the hme, and if Coniplaint
fhall
be
made by
the
Er;id
‘Tru.’bec;,
o:
by
fuch Perfon or Perrons as they
hail
appoint
for
that
PcirpcTe,
of
any
fuch
ReFuM
or
Neglect as aforefaid,
to
any Juftice
cf
the
Ir;eire
for
:;I::
Cif!.,
County,
cr
Plxe
wherein fuch
Ofificer
h
refui;r;g
ctr
nLg’,Lctin-;
li
all
be
or
refide,
fzch Juilice
may,
and
he is hereby auriiorized
acd
required
to
iifue
a
T;l’arrznt under his Hand and
Seat,
for
the
Oiiicer,
fo
rcruiing
or
neglecting,
to
apFear before him,
and
upon
his
appearin;;,
or
not
btir:,;
to
be found, to
he:]:
and determine the Matter
ii1
a
i‘umniary
’L’”’,iy
j
mti
if
upon the
Confi!lion
of
the Parry, or by the
Tefiimony
of
any credible
Witnch
or
TVitneiTes upon Oath (which
0a:h
!uch Jailice is
her-eh-{
anpowered to adminiitei) it
ihall
appear to fuc‘l Juilice
that
any
(4-
tile
Moilics
that
fin11
have bcen collectcd
or
raiied
by
vktt:c
of
this
Act
h!!
remain due from fuch O&cer, fuch JuXce may,
anti
lie
is
jitrtby
a,idio-
rLed
and
required, upon Nonpayment thereof, by Wai-rxt
untler
his
Hand
and
Seal, to caufe fuch Money to be leiied
by
Di!ti
CL
md
Sale
of
the
Goods
and Chattels
of
filch Oficer, and
if
no
GooL!s
cr
Ci::tttels
of
fuch Officer can be found fuficient to anfwer and
fatihiy
t:ie
faid
??5,o-
ne?,
and
the
Charges
of
diftraining
and
f
lling
the
faid
Goods
ap:!
Ct
;it-
tels
4.1~
GEORGII
111.
cap.
I
I.
arr
telg,
61
if
it hall appear
to
fuch
Jufiice
that
filch
Officer
fhall
have
re.
f&d or neglected to render and give
fmh
Account,
or
to verify the
fame
ars
aforefaid,
cr
to
produce
the
Vuuchers relating thereto, or that any
Books,
Papers,
or
Writings relating
to
the Execution
of
this Act,
fhall
be in the
Cufiody
or Powr
of
fttch
Officer, and he
hall
have refufed
or
neglected to deliver or give Satisfaction refpecting
the
fame
as
aforefaid,
then and in each
and
cvery fuch
Cafe
fuch
Jufiice
%all
commit hch
Of-
fender
to
the
Common
Gaol
or
Houfe
of
Correction for the
City,
County, or Place where fuch Ogender
hall
be
or
refide,
there to re-
main, without Bail or Mainprize, until he hall give and
make
a
frue and
perfect Account and Payment as aforefdid,
or
until
he
kal!
compound
with the faid Truitees for fuch hlcney, and fliall have paid fuch
Com-
pofition in
fuch
Manner as they fliall appoint (which Compofition
the
faid Trufiees are hereby enipowered to
make
and receive) and until
he
kall
deliver
up
hch
Books,
Papers,
and Writings, or give Satisfaction
in refpect thereof
to
the hid Truftees.
XI2
powered
to
demand, take and recover the fame;
and
fuch Leiree
.or
Leffers,Farmer or Farmers, or other Perfon or Perfons as aforelaid,
fhall
be fubjeQ
to
the like Pains, Penalties, and Forfeitures, and hall be liable
to
the like AQions and Profecutions
as
any Toll Gatherer or Gate
Keeper
appointed by the faid Truftees
is
fubjeQ or liable
to.
TruRees
em-
powei
ed
to
erect
'Tu
n-
ikes
and
Toll
fli
ouks,
and
receive
Tolls,
XV.
And
be
it
further enafied, That the faid Truftees
hall
and
may
caufe
to
be ereQed fuch and
fo
many Turnpikes
to
fecure the Tolls
hereby granted, upon or acrofs the faid Roads, and on or near the Sides
thereof,
in,
near, unto, or acrofs any Lanes or Ways leading or that
inay
hereafter lead out of the fame, as they hall think proper, and Cuch
and
fo
many
Toll
Houfes
as
they
hall
think proper, and
hall
and may,
in
Manner herein direfied, purchafe and take Land fufficient for fuch
Toll
Node or Toll Houfes, with neceffary Accommodations thereto,
and
from Time
to
Time remove, alter, or difcontinue fuch Turnpikes
and
Toll Houfes, or any
of
them, as they the faid Trufiees ffiall from Time
to
Time think meet and expedient
;
and fliall and may
caufe
to
be de-
manded and taken at the faid Turnpikes the Tolls following, before any
Horfe, or other Beafi
or
Cattle,
hall
be permitted
to
pafs through the
fame
j
(that
is
to
fay),
TOll8,
For every Harfe, Mare, Gelding, or Mule,
drawing
any Coach,
Cha:iot, Phaeton, Calaih, Cxricle, Vis-a-vis, Chaife, Diligence, Cara-
van, Chair, Hearfe, Litter, Waggon, Wain, Cart, or other Carriage, the
Sum
of
Three-pence
:
For every
Ox,
Steer, Gale,
or
Bull, drawing fingly, and not
in
Pairs or abreafi, any fuch Carriage
as
aforelaid, the Sum of
Two.
pence
:
For every
Ox,
Steer, Gale, or Bull, drawing in Pairs or abreafi any
fuch Carriage as aforefaid, the Sum
of
One Penny Halfpenny
:
For every
Afs
drawing any Carriage as aforefaid, the
Sutn
of
One
Penny
:
For every Horfe, Mare, Gelding, or Mule, laden or uii!aden, and not
drawing, the
Sum
of One Penny
:
For every
Afs,
laden or unladen, and
not
drawing, the
Sum
of
One
Halfpenny
:
For
every Drove of Oxen, Cows, or neat Cattle, the Sum
of
'Ten-pence
per
Score, and
fo
in
Proportion for any greater or
lek
Number
:
And for every Drove of Calves,
T-Togs,
Sheep, or Lambs, the
Sum
of
Five-pence
per
Score,
and
fo
in
Propxtion for any greater
or
leis
.
Number.
Tollivefted
in
XVI.
And
be
it
further endled, That
the
fd
Tolls
hall
be, and
they
tile
rrt~ltees-
are
hcr&)r
vcfted
in the hid l'ruitees, and
r~
Thle thereof
illall
be
put
up and continued
at
each and every 'Turnpike erected
011
the
Exid
R03ds,
and
it
ihall and niay be
lawful
to
a1-d
for
the
herd
Pcr!on;
who
fliall,
by virtue
of
this
Act,
he appointed Collectors of the
hid
T'olls,
to
de-
mand,
collect, and receive the
Tolls
hereby granted
;
and
if
any Pcrfon
or
Perfons, fubject to the Payment
of
any of the Paid
'Iolls,
fliA
after
Demand thereof made by any Collector
to
be
appointed
as
aforefaid,
neglect
or refufe
to
pay
the
fame,
or
any Part thereof,
it
fliail
and
may
Se
4-10
GEORGXI
111.
Cq.
11.
1'3
be
lawful
to
and for fuch ColleQor
to
fcize
and difirain any Horfe
or
Horfes, or other
Be&
or Cattle
chnrpble
irirh
the
faid
Tolls,
and if
fuch Tolls, and the renfi3:iable Charges
of
Uuch Seizure
and
Diltrefs,
and
of
ditainirig
and
1ieepi:lg
t!:e
fame,
hall
not
be
p
id within
Five
Days
next
after fuch
Seizure
and Uifirefs
made,
the
Perfon
lo
fei'eigillg
and dif-
training fliall and
may
fell
fuch Horfe
or
HorCcs,
Beaft,
or other Cattle,
rendering the Overpliis
(if
ay),
upon DenianJ, to the Owner or
Own-
ers thercof, after fuch
Tolls,
and
all
rearonable Charges for difiraining,
keeping, and feliing the fame, f?dl be dedulted and
paEJ.
XVII.
Provided
alt-iays,
and be
it
enaaed, ?'hat
when
any Carriage
brad
C3rriages
Militels
with
having the
Sole
or Bottom
of
the Fellies
cf
the Wheeis
of
the Breadth
to
orly
of
Six Inches, or more,
a~id
drawn
by
xiot more than
Four
Horles or
Half
Toils.
other
Beaits
of
Draught,
or
when my Carriqe having the
Sole
or
Bot-
tom
of
the
Fellies
of
the
VJhee!s
(If
the Breadth of
Nine
Inches or more,
(provided that fuch
Fellis
refpeQively and
the
Tires thereon
hall
lie
fa
flat
as not
to
deviare mcre than
One
hc!i
from
a
A2:
or
level
Surface)
ihall
Ids
through
any
of
the
5i:i
'I.7crnpikes, no more
ffiali
be
demanded
or taken than One
EIalf
only
of
the ?'oljs kcrein-before
made
payable
for
or in refpe€i
of
the I-Iorfes
or
orher
Beah
of
Draughc
drawing
fuch
like
Carriages refpec'tively, not having
Wkeds
of
the
refpe&ive
Breadths
aforehid.
XVIII.
And
be
it
further enacted, That
it
hall
and may
be
taw'
ill
1
to
Ad.i:tiond
and
for the laid Truftees to demand and take, or caui'e to
be
denianded
and taken
for
every Horfe or other Beail (except
an
Ai'sj
drawing any
witiiT.inber..
Waggon,
Wain, Cart,
or
other Carriage
laden
with Timber,
Hop
Poles,
or
other
Poles
called
UfiStuf,
One Half the
Toll
or
Sum
in Addition
to the Toll or
Sum
which could otherwife
be
demanded
and
taken by vir-
tue of this Act, for
fuch
Horfe
or
other Beail cirawing
my
Waggon,
Wain,
Cart, or other Carriage, not
lo
laden
as
aforelaid.
XIX.
Provided
always,
and be
it
enacted,
That
if any Difpute
fliall
Inc-ife~of
D,!l>lltP
ccn-
happen about the Quantity
of
the
Tolls
due,
or
the
Charges
of
keeping
cir,,13,q
Tc.lls
and
felling
any
Dittrefs, it hall and may
be
ldwful to
arid
for the
Col-
and
~ki.irges,
lector or Perfon difiraining to retain the fme,
or the
hioney
ariiing from
:~'6e,~~~;Eb~a
the
Sale
thereof, until the quantity of the Tolls or Chdrges
of
diitrairiing
JUI:~.~'.
and fellillg the Diitrefs,
as
the Cafe may
be,
kall
be
afcertained by fume
JuIiice
of
the Peace for the County or Place wherein
luch
!lifpute
may
happen to arife, who, upon Application nude to him for thzt Purpofe,
hall
examine the faid Matter
by
Oath
of
the Parties, or other
Witcefs
or
Witncircs,
and
fiall
detrrmine the
Quantity
of the
Tol!s
due,
and
hall all?) airer; the Charges
of
fuch Diitreis
2nd
Sale,
atid
all
other
rea-
fonable
Cofts,
all
which Sum or Sums
fo
determined or
aGiI;-d,
k~!l
be
paid
to
the
faiJ
Collector before he
ihall
be
obligs,!
to
Icturil the
faid
Eiitiefs or the Overplus, after Saie thereof,
or
of
a::y
P-r:
thereof.
XX.
And
be
it
further enacted, That the I-Pibht
and
Property
of
all
'~urrl~lkes,
the Turnpikes and Toll
Houfes,
and orher
Builc~li~g;,
anLl
of
all
Mile
Stories
and
Poiis
erccted by virtue
of
this ,4ct, and
all9
clf
211
&\iIatetiais
which
C:lll
lx
provided
for
making and repairing
tht
faid
E.o;ds
by
Iir-
tue
of
L!iis Act,
fl?'ll
be
veited
in the
hid
'l'ruitees, and
:!ley
are
h~1i.b~
empowered
to
caule
any
Actions
to
be
br3,cght,
xd a::y
E
'I3
~f
Indict-
Lrl'cti
In
the
1
L
u:ters,
poc.
U
Pe7
.]
7
1
ment
I
I$
41’
GEOWGIP
PPI.
Cap.
IP.
niient
to
be
preferred againft any Perfon or Perfons who
hall
flea&
break down, take away, injure, or fpoil any fuch Turnpikes,
Tolt
Koufes, or other Buildings,
Mile
Stones,
Poks,
or any
fuch
Materials
as aforefaid.
Tolls
to
be
XXI.
Provided always,
and
be
it
enacted, That nothing herein con-
r.iken
hut
once
a~ayon
tained
fiall
extend, or be conitrued to exwid,
fo
as
to enable any
CoI.
that
Part
of
lector
of
the
faid
rl’dl:
to demand
or
take any
more
than One
Toll
in
wll,lll
licsbe-
any
One
Day
(fuch
Day
to
be computtd from Twelve
of
the
Clock
at
twtm
JW’~
Night
to
Tv
elve
of
the
Clock
in the fucceeding Night) from any Perfon
01’
Yerfoons
for
or
in
ref@
of
the hie Horfe
or
other
Be‘ifi
or Cattle,
pafing and reprding
through
the ladme
or
any other Gatc
or
?’urnpike
on fuch Part
of
the
faid
Roads
as
lies between the
faid
Town
and Port
of
Snndxirh,
and the
Par;fh
of
En/?ry
in the
faid
County
of
Kent,
all
and
every fuch Perfon and Pcrfons producing a
Ticket,
denoting
that
the
laid
Toll
has
been
paid
In
thdt
Day
on
fuch
Part
of
the
hid
Roads,
which
Ticket the
faid
ColleQor
is hereby required
to
deliver,
grutis,
on
the
Pay-
ment
of
iuch
Toll.
the
Rod
and
San.iui./,.
Tolls
to
be
XXII.
Provided
alfo,
and
be
it
enaoed, That nothing herein con-
once
a~iy
tained
Ilia11
extend,
or
be
confirued
to extend,
fo
as to enable any
Col-
ontlntpait
leaor
of
the
faid
Tolls
to demand or take any more than One
’Toll
in
wliicl,
lie.
bF-
any One
Day
(fuch
Day
to
be computed from Twelve
of
the Clock
at
tw11
WYY
Night to Twelve
of
the Clock in the fuccreding Night)
from
any
Perfon
to
or Perfons for
or
in
refpea
of
the fame Horfe or other Beafi
or
Cattle,
u~wm
j
pafing and repaffing through the fame,
or
any
other Gate or Turnpike,
on
ruth
Part
of
the haid
Roads
as lies between the faid Parifh
of
Eaj’ry
and the prefent I’tlrilpike
Road
leading
from
Dovov
to
Burham
Downs at
the Dottorn
of
Ke,y%cy
Court
Ifill,
al!
and
every
fuch
I’erfon and Pcribns
producing
a
‘l’icket, ihoting that the
faid
Toll
has been paid in that
Day
on
iiich
Part
of
the
hid
Roads,
which
licket
the faid Colleclor
is
hereby rcqaired to
de!ivcl-,
g~atis,
‘on
the
Payment
of
fuch Toil.
taken
hut
of
the
Rond
an,!
the
Xoad
2nd
only
Olice
a
U?y
bc
t
ween
nicLi~~Ld~g
XSITI.
Pri?vided
alf(3,
and
be
it
enaaed,
That
nothing herein
con-
tained fhdil
cxtend,
or
be confiruetl to extend,
Po
as
to
enable
any
Col-
leaor
of
ti,?
faid
7‘nIls
to
demand or take any more than One
To11
in
any
One
DAY
(filch
Day
to
be computed from Twelve
of
the Clock
;It
Night
to ‘Twclbe
o:
the
Clock
in
the fucceeding Night) froni
any
Ptlfoil
or
Ferfons, for
or
in
rc!peii
of
the Came Ilorfe, or other
Etait
or
C;utk9
paI?ing
and
repafling through the fame or any other Gate or
I’uinpike
on
fucli Part
of
the
Roads
to
be
Inade
by
vi1
tue
of
this
Ad,
Lctwveen
hc
‘Top
of
Ktry‘k
y
Cm:.t
iiiill
near
Bw@ury
Crofi
(leading by
a
certain
Place called
-The
GY~LIZ
IAJL)
2nd
Dovov
aforefaid,
all
and every fuch
Perfcn
and
P:rfi)nS producing
3
TicIict
denotinq
that
the
iiti
‘io11
113s
IIEeil
paid in that
lI
OJI
filch
Pdri
of
the
hid
Roads,
which
‘i’icket
the
iaid
Co:!ec’tor
is
hereby requircd
to
delivcr,
grotis,
on
the Pzymcnt
of
ft~h
’Toll.
C*
.i/s
and
Duzor.
911.
cap.
I
a.
XXV.
And,
for
preventing the evzding of the Payment
of
the
hidid
PcnW‘
0x1
ev
4
1
I!
;;
tire
Tolls,
be
it furrhcr
enaQed,
That
if
any
Perron or Perfons
hall
give,
Toll,.
oEer,
or
diflmi‘e
of
to,
or
receive from
any
other Perkm or Perions any
fuch ‘ricket
as
aforehid, or
ilia11
counrerfeit, or knowingly make uCe
of
my
counterfeixd
‘I
icket,
in
order
to
avoid
PCiynient
of the faid
Tolls,
or
if
any Perfon
or
Perrons
owiing,
renting,
or
occupying any Lands ad-
joirling
to
the Faid
Xoads,
or
any
of them, near unto any ‘I‘urnpike to
be
ereQed thereon,
hall
Ferriiit
or
fuffer
any
Perfon to
pars
thro:igh or
over
any
Psrt
of
his,
her,
or
their
faid
Lands, with
any
Horfe, or other Bcafi
or
Cattle, whereby
t5e
Payment
of
any
of‘
the faid
Tolls
hall be avoided,
or
if
any
PerKin
or
Ptdons
fiall
ride
or
drive
any
Horfe,
GI-
other
Beak
or Cattle, through
or
over
any %\Tay or I’aibge (not being
a
publick
Way
or
l’a!Taage)
or
through
or
over any Lands adjoining to
any
of
the
Paid
Ro~~s,
or near
to
any
of
the
hid Turnpikes,
or
hail
take
OF,
or
caufe
to
be
taken
off’,
any
Horfe or other
Ee~it
from
any
Carriage, whereby the
Payment
of
the Tolls nixie
pzyable
by
virtce
of
this
Ad,
or
any
Part
thereof,
is
or
ha!i
be avoided,
every
fuch
I’eIfoon
ib
oi-FenJing
in
any
of
the Cafes afxePaid,
fliall
for every
fuch
Oi‘fc.nce
forfeit and
pay
any
Yuqi
not
exceeding Forty Shillings, One fvloiecy whereof
hall
go
to
the
Informer,
and
the other
ltloiery
ffiall
be
appiied
to
the Pmp&
of
this
AA.
..
XXVI.
And be it further enaaed, That
no
Toll
hall
be
demandcd
or
General
FA-
taken for any
Hark,
Cattle, or
Beail
employed
in carrying or conveying,
e’*’~’t’a’ls*
or going or returning from carrying or conveying, having
been
employed
only in carrying
or
conveying on the
iime
Ilay,
Stone,
Brick,
Lime,
Timber,
Wood,
Gravel,
or
other Materials
for
repxiri:ig
of
the
fzid
Rods,
or
any
of
the Roads in
the
Townihips or I’ariihes
i:i
which
iuch
Koads
do
lie
;
or
undriedvHops, green Clover for hiling Cattle,
Hay,
SLraw,
or
Corn in the
Striiw
oniy, not
hid
or
clifi,oCed
of,
but
pdling
to
be
laid
up
or placed in the
0uth::uies
or
on the
Lands
of
the Owners
thereof;
or
for
any Hork,
Cattle,
or
Eeafl
employed in cxrying
or
coilvcying any I’loughs,
Harrows,
or 1mplemen:s
of
Z-:dbndry,
or
Lime,
IC’lould,
Dung,
Compofi,
or Manure, employed in Kufbandry for
manurin;;
or
inlproving of
Lands,
or for any other Thiilg
emp!oyed
in
rcfiding iii any l’ownfliip
or
Parifh in which the Paid
Roads
d:)
lie, for
aq7
IIorfes
or
Cartle
going
io
or
returning
from
Pafture
or
V..‘a:ering
Places,
or
going
to
be,
or
returning
from
being
iiioed
;
or
from any
Perfon
or
t-,crfonsgoirig
to
or
returning from
their
proper parochial Churcii,Chapel,
or
c:!?rr
Piace of Religious Worihip tolerated by
Law,
on
:he
Sal?ba:i:
Day
or
j’,
or
on
any
other Day
on
which Divine Service
is
ord5:c:il
bt.
Ruthc-
i
be
ce!ebrAed,
or
attending
the
Funeral
of
any Frrf3:l that’fliali die
+1
A.
.>
Manngement of any
Farm
or
Lands
;
or from
any
Pcrfon
or
Pdons
7.
k:
buried
in
any
of
the
iaid
Pariflies
;
or
from
any
C!
t2
or
re:xr:qi;
f-iorn
vifiting any
iick
Perha,
or upon
ocixr
or
!~~~rii~Ie~id
Duty,
on
a
Sunday,
or on
any
other
Day
oil
which Divine
Service
I;.
crdereti
by
thority
to
be
celebrstd
;
or
for
any
Iior!c.s,
Cattle,
c(,.iveyiz;,;
ihe
F,iaii
Lettcrs
and
Expre~is
undcr the
Auth::rity
of
IIis
-e
*I2
‘.~;PJ’L\!~S
‘y
~
?di:mafter
General,
ci:t:c;
TI
1;Cii
~IX~’OYC~~
XI
c~~,v~J
Liz,
..
..
cr
C2I-rk!p,
of
xi
Defcriptim,
empIoyed
or
io
be
employed
in
1’
9
i:
t
chi
Ti:,
41"
GEORGII
PIP.
Cap.
11,
fetching, or guarding fuch Mi!s
or
ExpreKes, or in returning back from
conveying the fame
;
or for the Hor!'es
of
any
Soldiers
upon
their March,
or on Duty, or Carriages attending their, with their Ragsage
;
or
for any
Cattle,
or
Carriages,emplo)ied in the Conveyance of Vagrants rent by
legal
Pdffes
;
or for any Horfe, Caitle, or Bealt drawing any Coach,
Landau, Berlin, Chariot,
C
Mi,
Chair,
or PaKenger
on
Horfcbacii,
going
to
or
returning
from
any
EleQion
of
a
Knight or Knights
of
the
Shire
to
ferve in Parliament for the County of
Kent,
or
of
a
Burgefs or
Burgeffes to ferve in Parliament for the
lown
and Port
of
Dovor,
or
for
the ?'own and Port
of
Sandwich,
on the Day or Days
of
fuch E!ec.
tion, or
on
the Day before or
llay
after fuch Election
hall
begin or be
concluded
;
and if any Perfon or Perfons flia!i claim and take the Benefit
of
any
of
the Exemptions
by
this
A&
grdnted,
riot
being emitled
to
the
fame, fuch Perfon or Perfons
hall
forfeit
and pay for every
fuuch
Offence
any Sum not exceeding Forty Shillings.
Truitees
may
XXVII.
Provided
always,
and be
it
enaaed, That it
hall
and may be
red'1ce
lawful
to
and
for
the faid 'I'rufiees, and thcy are hereby empowered, at
at
any
publick
Meetingsi
a
Meeting to be holden for that Purpofe, of which One Calendar
Month's Notice
hall
be
given in Writing, to be affixed on all the l'urn-
pike Gates on the faid Roads, and in I'onie publick Newfpaper publiihed
and circulated
in
the Eafiern Part
of
the faid County of
Kent,
from
Time
to
Time to leffen
or
reduce
all
or any
of
the faid
Tolls
granted
by
this
A&,
for and during fuch Time as they the raid Truflees
fhali
and
after-
think proper
;
and afterwards,
at
any MeetiIig
to
be holden
as
aforefaid,
from Time
to
'1
ime, if they
hall
fte
Occafion,
to
advance all or any
of
wart's
aovnnce
them
again
j
the
'Tolls
fo
leffened
or
reduced
to
any Sum or Sums
of
1Money not
ex-
proiided
ruch
ceeding the fcveral Rates grdnted by this
A&
:
Provided neverthclefs,
$:,;:::::$
That where the
whole
Money borrowed or
to
be borrowed
on
the Credit
w,ti,
tilecon-
of the
Tolls
within the
hid
refpe8ive DifiriQs
hall
not have been paid
fmof Cledi-
and difcharged, no fuch
Tolls
i'hall
be Icffened
or
reduced
without
the
Confent
of
the Perfon or Perloons entitled
to
Five Sixths
of
die
Money
remaining
due
upon
fuch refpeQive
Tolls.
to:
s.
TOIIS
may
he
let.
XXVIII. And be it further enacted,
That
the hid Truftees
may
and
they are hereby empowered, at any Meeting, upon Ten
Days
Notice
be-
ing given
on
all the Turnpike Gates ereQed
on
the
hid
Roads,
and in
fome publick Newfpaper publiihed
md
circulated
in
the
Eafiern
Pdrts
of
the faid County of
Kent,
to
let
or farm the Tolls to be
collected
by
virtue of
this
A&,
or any Part
or
Parts thereof,
to
any Perfon
or
Ptrfons,
at
and for the
largetl
\early Sum they can rearonably get for
the
lame,
provided the Leafes,
Contra&,
or Agreements of or for the
h1e
be
Writing, and iigned
by
the Perfon
or
Perfons
taking or farming
fL1cil
Tolls,
and
all0
by the
{'lid
Truftees; but the fame hall
not
be
let
for
more th.:n 'Three Years at
any
one
Time,
ad
the Rent which
hll
be
agreed to be paid for the faid
Tolls
fliall
be made payable,
and
fliall
be
paid to the Treafurer
to
the
faid
Trufiees,
fo
as
that One Qyrterly
Pay-
ment of fuch Kent
ffiall
zlways be
made
in Advance, or Cuficient Security
hall
be given for the Payment
of
fuch Rent, to the
Sati.zFa&ion
of the
faid Truftces, or in Default thcreof Puch Leafe, CoritruL?,
or
Agreement,
hall
be
null
and
void
to
all
Intents and Purpofes.
41"
GEORGII
111.
Cop.
PI,
J*7
XXIX.
And be
it
further enafied, That
it
hall and
may
be
Iawful
to
~:,li'~~s~-~
and for
the
faid Truflees, from The
to
Time, to
compound
Fith
any
~'~~~i10~.j~~*
Perfon or Perfons, for any
Term
not exceeding
One
Year at a Time,
for
any Norfes, Beaff
s,
or Cattle paffing on
the
hid Roads,
or
on
any
Pdrt
or
Parts
thereof, for all or any
of
the
Tolls
to
be
paid
in rdp&
of
fucli
HorTes, Beah, or other Cattle, and all fuch Compofition Money
hili
lx
paid in Advance One Qarter or otherwife, as
the
f2id
Truftees
?,;all
ap-
poict,
and
in Default thereof Puch Compofition
fliall
be void.
XXS.
And, for
the
more fpeedy raiGng of Money for
the
Purpofes
irr,
)M
,&U
f
of
this
AQ,
be
it
further enaEtrd,
That
it
hall
and
may
be lawful
to
and
ney.
for
the fJid Truftees, and they
are
hereby empowered from Time
to
Time to borrow and
take
up at Interefi
fuch
Sum
or
Sums
of
Money
as
they
ffiall
judge neceirary for the Purpofes
of
this
AQ,
and by Writing
under their Hands and Seals
to
afign
over or mortgage the
Tolls
hereby
granted,
or
any Part thereof, and the Turnpikes
and
Toll
Hod&
to
be
ereQed
by
virtue of this
A&
(the Charges
of
fuch Afignments or Mort-
gages to
be
paid
OUK
of
the faid
Tolls)
for any Term during the Conti-
nuance
of
this
A&,
as
a
Security for the Repaiment
of
fuch
Sum
or
Sums
of
Money, with Ifitereit for the fame, to the Perfon
or
Perfons
who
kall advance
arid
lend
fuch Money, his, her,
or
their Execurors,
Admi-
niitraiors, and
Afigns,
€uch
Intereit to be
paid
and payable
by
equal
Half-yearly Payments,
at
the Dwelling
Hode
of the Treafurer to the
Paid
Truitees
for
the
Time being
;
ail
which Mortgages or Afignments
kall
be
in the Words or
to
the
Effect
following
:
c
C
5
<
C
C
L
c
s
c
C
<
6
c
<
c
C
6
virtue of an
A&
of
Parliament, made
in
the Fortyfirit Year
of
':he
Reign
of
King
George
the Third, intituled,
[fitfirth
the
Title
of
;he
.xTj
We
who6
Narres
ax hereunto fubfcribed, and Seals af-
fined
(bzing
'lrufiees
aQing
in
Execution
of
the Paid
AQ)
in
Confi-
deration
of
the
Sum
of
to the
Treairurer
ol
the
fiiiJ.
Roads
in
Hand
pkl
by
A.
B.
do
hereby grant,
bargain,
fell,
and
clemife,
unto the
hi?;
L!,
I?*
his Esecutors, Adminihi-
tors,
and
Afligns,
f~ch
Fmpcrtion
of
:I:c
'Tolls ar%ng by virtue
of
the
€aid
A&,
2nd
alfi,
of
the
'i71'crii'-ikcs
?
md
Toll
Houfes
:or
colleAing
d
0
t
11
or
ilia11
bear
io
the
vhcle
SLim
,-,tlvancd
or
to
be
zdvznced
on
rhe
Crcdit
of
th~
hid
A&,
to
Se
had
and
holder,
fro!n
this
Day
of
for
and
du~ing
the
Continuaiice
ci
the
hid
A&,
u:i!eFs
the
hid
Sum
of
per
Ccntum
prr
A'~muii,
fliall
be
foorier
repid
and
Satisfied. Given
under
cur
I-lands
ancl
Seals,
this
in
the
Year
of
our Lord
the
FAame,
as
he
fiid
SUEI
of
in
the
'dear
of
GUT
Lord
\iritil
hitereit
after
the
Rate
of
Day
of
Transfer
of
Mortp
Lrs.
Trii'tees
may
contraCt
for
tht
i'tir(
hiie
of
Lnllrls
to
hr
taken
in:o
the
RoaJ,
41('
GEORGII
111.
Cap.
11.
the borrowing of fuch Money
;
and all Mortgages or Afignnients, which
fliall be made
in
the Manner and Form aforefaid, fliall be good, valid,
and
effeeual to all Intents and Purpofes
;
and all Perrons to whom any
fuch Mortgages
or
Afignments hall be made
as
aforefaid, or who
hall
be entitled to the Money thereby fecured, inay from Time
to
Time
afign
and transfer the fame Security or Securities, and all Benefit and Advan-
tage thereof, and all their Right, Title, and Intereft
to
the Principal
and Interefi Money thereby fecured, or any Part thereof, to any Perfon
or Perfons whoinfoever, by Writing under their Hands and
Seals,
in the
Words or to the Effefl following
:
'
I
A.
B.
being entitled to the Sum
of
fecured
'
to
Executors, Adminifirators, and Affigns,
by virtue of
a
Mortgage or Afignment bearing Date the
'
Day of under the Hands and Seals
of
of
'
the Trufiees aQing
in
Execution
of
a
certain
AR
of Parliament,
macle
6
in
the Forty-firft Year of the Reign
of
King
Gcorge
the Third, inti-
<
tuled,
[fit
forth
the
Title
of
the
AEt],
upon the Credit of the
faid
A&
c
do hereby transfer all my Right
and
Title in and to the
hie,
and all
<
the Principal and Intereit Money
now
due and owing thereon, unto
6
C.
D.
his Executors, Adminifirators, and Afigns. Dated this
'
Day
of
in the Year
of
our Lord
And every fuch Transfer hall be produced and notified
to
the Clerk
to
the faid Trufiees, within Three Calendar Months next after the Date
thereof, who
hall
caufe an Entry or Memorial to be made thereof, con-
taining the Date, Names
of
the Parties, and Sum
of
Money therein
mentioned to be transferred, in the faid Book or
Books
to be kept for
cntering
tlie
faid original Mortgages or Afignments, and for which Entry
the Clerk who hall enter the hme
hall
be paid One Shilling and
no
more, and after iuch Entry made, every fuch Transfer ihall entitle the
Perfon or Perfons to whom the
fatne
hall be made, his, her, or their
Executors, Adminifirators, and Afigns,
to
the Benefit thereof, and
I'ayment thereon, and it
friall
not be in the Power of any Peri'on
or
I'erfons making 1Lch 'I'ransfer, to make void, releafe, or difcharge the
fame, or the Monies thereby due, or any Part thereof; and all Perfons
to
uhom fuch Mortgages, Afignments, or Transfers hall be made
as
aforehid,
hall
be, in Proportion to the Sums therein refpeQively men-
ti:)ned, Creditors on
fuch
TolIs, lurnpikes, and Toils I-Ioufes,
in
equal
Degree one with another, and fliall have
no
Preference in refpect of
the
Priority of advancing any fuch Monies, or
of
the Dates
of
fuch Mort-
gages or Rfignments.
XXXI.
And be
it
further enacted,
That
it
hll
and
may
be
lawful
to and for the hid Trufiees, and they are hereby
fully
empowered from
?'iIne to Time,
as
they
fliall
think
proper,
to
divert, wideri, turn, ihorten,
vary,
or alter the courfe or
Path
of
any Part or
Parts
of the
Roads
cornprized in this
Mt,
and
to
make
the faid new
Roc~ds
herein
dei'cribed
;
and that tlie faid
new
Roads,
and any Variation of
Road,
may
be
made
of
any
VJidth not exceeding Sixty Feet through any
Common
or
Wafie
Ground, without making SatisfaCtion for the fame,
and
through
any
pri-
vate
or
encloftd
J,anrfs,
Grounds, or Hereditaments,
firft
rnaking
Satis-
f,lCtion
to
thc
Owners thereof,
and
Perrons intereited therein, for
the
L1m.i~~
tlicy
may
fuitdin
thereby,
aiid
for
that
I'urpoie
ic
fliall
and
inay
be
4r0
GEORGII
111.
Cap.
I
I.
be lawful
to
and for the faid Truftees, or for their Clerk, or any other
Perfon or Perfons by them duly authorized and deputed for that Purpofe,
by Order of
a
Meeting of the faid Truftees,
to
treat, contra&, and agree
with the Owners of, and Perf'ons interelted
in
any Lands, Grounds,
or
Hereditaments, for the Purchafe thereof, or for the
I,ofs
or
Damage fuch
Owners
or
Perfons interc4ed may fufiain by the making, widening, di-
verting, turning, or altering the Courfe or Path of any Part or Parts
of
the faid Roads through fuch Lands, Grounds, and Hereditaments
;
and
the hid Lands, Grounds, and Hereditaments
fo
purchafed,
or
any Part
thereof, fliall and may, by Order and Direction of the faid Trufiees, be
laid into and made Part of the faid Roads, in fuch Manner
as
the faid
Trukees ihall think convenient, and hall,
by
fuch Perfon or Perfons
as
they hall order and appoint, be fufficiently drained, ditched, and fenced
out for that Purpofe
;
and after the faid Lands or Grounds hall be
Po
drained, ditched, and fenced out, the
fame
hall, to all Intents and Pur-
pores whatfoever, become and be, and be deemed and taken to
be
a
publick
ancl
conirnonHighway, and
to
be Part
of
the Roads to
be
amended,
widened, and kept
in
Repair by virtue of this Act, and hall be re-
paired and kept in Repair by fuch Ways and Means, and in fuch Man-
ner,
as
the old
Roads
were and ought to have been kept in Repair
;
and
after any fuch Lands hall be made Part of the hid Roads
as
aforefaid,
the Lands
or
Grounds coinprized in
or
conitituting the former
Road,
in
lieu whereof fuch Land or Ground
fliall
be purchafed
as
aforefaid, kall
be
fold by the raid Trufiees to fuch Perfon or Perfons as hall be willing
to
become
a
Purchafer
or
Purchafers thereof,
for
the
befi
Price that
can
be reafonably had
or
gotten for the fame
;
and the Conveyance thereof,
being executed by the faid Trufiees, and inrolled with the Clerk
of
the
Peace
for
the faid County of
Kmt,
or
with the Town Clerk
of
the
Town
and Port of
Dovor,
or of the
Town
and Port
of
Sandwich,
according to
the Jurifdiction in which Puch Lands or Grounds
hall
lie, hall
be
good
and
egectual to all Intents and Purpofes.
XXXII.
And be
it
further enatled, That it
hall
and
may
be
lawful
~;P;;l~~;-S~
to
and for all Bodies Politick, Corporate, or Collegiate, Corporations
Aggregate or Sole, and all Feoffees
in
Truit, Executors, Adminihators,
Guardians, Committees
of
Idiots and Lunaticks, and Hukands, and
all
other Trufiees whomfoever, for and on Behalf of any Infants, Fenies
Covert, or
Ceftuique
Trufls, Idiots, Lunaticks, or other Perfons under
any Diiability
of
acting for themfelves, and for
all
and every Perfon
or
Perfons
who
are or hall be feifed, poffered
of,
or interefled in any
Lands, Grourids,
or
Hereditaments, to treat
or
agree
with
the faid Truf-
tees for
the
alfoiute Sale thereof, or
of
my
Part thereof, or for their
Interefi therein,
acd
to
convey the fame
to
the faid Trufiees for
the
Pur-
pofes
aforehid
;
and
dm
all Contracts, Agreements, Sales, and Convey-
ances,
whic!:
kill
bc
fo
madc,
fiall
be valid
and
eiTectua1,
to
all
Intents
arid
Purpofes
j
ay
Law LTfage.,
or other hlatter
or
Thizig to the con-
trary
thc-1-eof
iri
aiiyn-iik
not~~;it~i~~n(.~i~i~
;
and
that
all fuch Feoifees
in
Tr
LI
fi
Ex
i-
c
U
r
on,
Ad
i
i?
i
I
ii
!t
r
at
0:
3,
G
U
a
r
d
ians
,
C
o
m
mi
it
ees
,
H
u
fiand
s
,
and
rlx:ie:s,
-iics
l'_"o:iticL,
Corporate,
or
Culiegiate,
Aggregate
ox
Sole,
ani:
o!:~
I'(;i.ibns,
::re
::nd
ihdl
be
indemnified for what they
do
by
virtue
oi-
in
Uxilmice
of
this
Act.
to
XXSZTI,
And
E
20
tees, upon Notice to him,
htr,
or
them given,
or
left
in
Writing
at
the
Dwelling Houfe or Place
of
Abode
of
fuch Perfon or Percons,
or
of
rhe
Clerk or Head Officer
of
any fuch Body Politjck,
Corporate,
or
Co!le-
giate, or at the I-Ioufe of the Tenant in Poffeflion
of
the
Prudes,
hII,
by
the Space
of
Twenty
Days
nest after fuch Notice
given
or
left
as
aforefaid, neglect or refufe to treat,
or
hall not agree in
the
Prernifes,
or
by
rearon
of
Abfence or otherwife fliall be prevented from
trcating,
the:s
and
in
every fuch Cafe the
faid
Trufkees
ihall
caufe
it to be inq~ired into,
and arcertaincd
by
and
upon the Oath
of
a Jury
of
Twelve indifferent
Men
of'
the County of
KEEL,
or
of
the Town and Port
of
DOZ~O,~,
or of the Town
and
Port
of
Saizdwicb,
according to the Jurifl
diction in which the Premiks in Queition fliall happen
to
lie,
(which
Oaths the
hid
Trufiees, or any
'I'wu
or
more of them, are hereby
empowered
to
adminiiter), what Damages will be fuflained by, and
what Reconipence and Satisfaction
hall
be
made to fuch Owner,
Proprietor, Occupier, or other Perfon or Perfons intereited,
for
or upon
Account of the taking or ufing
of
fuch
Lands, Grounds, or Heredita-
ments, for the Purpoies
of
this
A&
;
and in order thereto
the
faid Truf-
tees
are hereby empowered and required, from Time
to
Time, to
rum-
mon and call before them
all
and every Perfon or Perfons who hall
be
thought neceffary or proper to be examined
as
a Witnefs or WitIieffes
touching
or
concerning the Premifes, and hall examine
fuch
Witnefs or
Witneffes before the faid Jury upon Oath, (which Oath the faid Truitees,
or
any
lwo
or
more of them, are hereby empowered
2nd
required
to
adminiiter), and they
fliall
order
and
caufe the
faid
Jury
to
view the Place
in
queition,
and ufe all other lawful
Ways
and Means, as well fGr
their
own
as
for the Paid Jury's Information in the Premifes
;
arid
after
the
faid Jury hall have
fo
afcertained and fettled fuch
Damages
and Recon1-
pence, they the hicl 'l'rufices
hall
thereupon order, adjudge, and
deter-
)nine the
Sum
or Sums
of
Money
To
affefl'ed by the faid Jury
to
be paid
to
the
Owners,
Proprietors, or Occupiers
of
the
faid
Lands, Grounds,
or
Mereditaments, or other Perfons interefted therein, according to the Ver-
diQ
or
Inquitition
of
tlie
faid
Jury
;
which faid
VerdiQ
or Inquifition,
and Judgernent, Order, or Determination,
fo
had
and made,
hall
be
final, binding, and conclufive,
to
all
Intents and Purpofes whatfoever,
againfi all
Par
ties
and
Perfons
claiming in Poffefion, Reverfion, Re-
mainder, or otherwile
;
and
all
and every fuch Owners, Proprietors,
o~-
cupiers, and Perfons
any
wile
interefied in fuch
Lands,
GrouIlds, or Ne-
reditanients, lhall thereby
be
from thenceforth, to
all
Intents aiid
Pur.,
pofes,
divefled
olc
all Right, Title, Claini, Interefi,
or
Pwpertv
of,
in,
to,
or
out
of
the
fame
;
and upon Paynicnt of the
&!c.I:L'~
ro
r:il~fi'ed
the refpec'tive
Periim
entitled thereto,
or
their
Agents,
or
(in
cafe
of
Kefuhl to accept
iuch
Monty) upon paying the
hme
into the
@;ink
of
EngZmzd,
in cafe the
hme
fliall
be
equal
to,
or
excced
the Sum
of
()!:e
hundred Pounds,
or
upon
leaving
thc
fame,
in cafe the
fame
flloufri
leis
than
the
Sum
of
One
hundred
Pcunds,
in the
Ilantis
of
tlie
'YXC:~{UI-~~
5
to
the
ILIayor
of
the
haid
Town
and
PGrt of
S'amkicb,
in
their refpeC1ive
Jurii-diaions,
thereby
com!:inndinrr
and requiring
ruch
Sheriff
to
im-
pannel,
i'ummon,
and
return
an
inchrererent
Jury
of
Twenty-four Pcrrons
to
appear
before
the
fitid
Trufiees,
';t
hch
Tirile
and Place
as
in
fuch
TVarrant
fliall
be
appi:itecl,
and
fcch
Sheriff
and Mayors, or their
re-
fpeltive
Deputies,
is
and are
hereby
require6 thereupon
to
impannel,
iurnmon,
ant1
return fuch
'I'
ty-four
Pe:-'c;?x
accordingly, and out
of
the
Pcrfons
h
inipann:lJe?,,
;od,
xd
re:::riied,
or out
of
fuch
of
them
as
fiinll
appcx
sccord:
cr
upon
f::cil
Suimicns,
the
faid
Truf-
J::ry
fjr
thz
Purpofes
afoyciai:!,
xid
in
D
nit
of
;I.
fui5cier.t
Number
of
L'.
di$:r;,.rent
RTen
of
tlie
:;::::I
itii~~~~1~~~d
LO
arrenci
ihat
I22
for
ani
Land
to
be
taken in pi!li‘x.rlce
of
ihic
A&
is direeed
to
be
fe+tled
and
ai;
ertained
in
and
by
this
Act,
and
fuch
Owxr
hnll
be
dcerned
the
I’orcliafer thereof at the Sum
to
be afcertaind
by
a
Jury
to be the
Value
thereof; and in cafe lie
flmall
refull.
10
pay
fuch
bloney,
up~n
Deliland Iiiade
thereof
by the
‘l’reafurer
or Clerk -to the
Paid
Truflees,
2nd
Tender
of
the Conveyance
of
fuch
old
Rol:d,
thc
fame,
Mi
and
may
be recovered
bj:
:he faid Truftees, by
Ac‘rioii
of
Debt
in any of His
Ma-
jcity’s
Courts
of
Record
;
and
in
cafe any fuch Owner hall not agree,
or refufe to purchai‘e any
fuch
old
Road,
it
hall
and
may
be lawful to
and for any Perfon or Perrons not iriterefted in the Premifes
to
make
an
Affidavit to be ftr7orn before
a
Mafter Extraordinary of the IIigh Court
of
Chancery,
or
before One
of‘
His
Majefiy’s
Jufiices
of
the Pedce for
the County or Place where fuch old Road
fliall
lie,
ftating that fuch
has
been made by or on Behalf
of
the faid Trufiees, and that Puch
Owner
has
not agreed
or
has
refufed to purchafe fuch old Road
;
and
luch Affidavit hall in all Courts mhatfoever be fufficient Evidence
and
Proof that Puch Ofkr
was
made and
not
agreed to, or refufed by fuch
Owner
:
Provided neverthelefs, That if fuch
Owner
fliall be willing and
confent
to take
fuch
old
Road
in Exchange for ruch new Road.
it
hall
and
may
be lawful for the faid
Trufcees,
and they are hereby required to
afiiire the hie to fkh Perfon, by entering the fame in their B*,olts, and
delivering to
him
a
Copy
thereof, figned by the faid Trufiees, which Copy
ilia11 be
a
good
and valid Title
to
the fame, and be available in any Suit
in
Law
or
Equity.
XSSVI.
And be it further enaeed, That in
cafe
any fuch Jury
fliall
give in and deliver
a
Verdi& or Affeffment
for
more Money
than
fliall,
by
or on
Bchalf
of
the
faid
Trufcees, have been ofikred before the fummon-
ing
and
returning fuch
Jury,
as
a
Recompence or SatisfaAion for any
fuch
Right, Interefi, or Property, or Damage
as
aforehid, or for
Ids
Xoney
than
ffiall
have been oifered to be accepted or taken by or on Be-
half
of
the Paid Trufiees
as
the Purchafe Money for any fuch old Road
as
aforcfLid,
then the
Cofis
and Charges of Pumnioning and maintaining the
Jury
and
Witnefl‘es
fhall
be borne and paid by the faid Trufiees out
of
the
Money arifing by virtue
of
this
AQ
;
but if any fuch Jury &all give and
deliver
a
VerdiQ or Affeffment for
no
more, or
for
lefs
Money than
fliall,
by
or
on
Behalf of the
faid
Trufiees, have been offered before the fum-
riioning and returning fuch Jury, as a’Recumpence or SatisFalQion for any
hch
Right, Interefi, or Property,
or
Damage
as
aforefaid, or for more
Money
than
ilia11
have been offered
to
be accepted
or
taken
as
the Pur-
chafe Money for any fuch
old
Road
as aforefaid, then and in every fuch
Cafe
the
Coits
and Charges
of
fummoning and maintnining the faid Jury
and Witneffes hall be borne
and
paid
by
the Perfon
or
Perions with whom
the faid Trufiees fhall have fuch Controverfy or Ilifpute.
the
Jll
y
;o
be
p.ud.
IIOUP,
E&.
not
to
be
ir.-
jured.
XXXVII.
Providcd
always,
and be it enaQed,
That
nothing herein
contained
hall
extend, or be confirued to extend,
fo
as to enable the
faid
Trufiees to
take,
ufe, injure,
or
damage any Dwelling I-Ioufe
or
other
Building, or any Garden, Orchard, Yard, Park, Paddock,
planted
Walk
or Avenue
to
a
€Iode,
without the
Confent
of
the Owners or Pro-
prietors thereof.
SXXVIII.
And
xXXVrI1. And be
it
further enalted, That
if
any
Money
&all
Le
A-;>.I
cltion
agreed
or
awarded to
be
paid for any Lands, Tenements, or Neredira-
~~1,~”~~~t~~‘3-
merits
purchafed, taken, or ufed by virtue of the Powers of this
AEt
for
q+lai
tu
la>:.
the Pllrpofes thered, which
!hhaiI
belong to
any
Body Politick, Corporate,
or
Col!egiate, FeoEee in ‘Yrufk, Executor, Adminiitrator,
Iiuiband,
Guardian, Coininittee,
or
other Trufiee,
for
or
01:
Relialf
of
any Infant,
Lunstick, Idiot,
Fem:
Covert, or other Ceituiquc
‘rrufi,
or
(0
any
perfon
whofc
Lands,
‘J
enenxiits,
or
Hereditaments, sre limited
in
trill
or
other Sethwiit,
or
t3
ariy
Pdon under
any
other Difabilicy or inca-
pacity whatfoerer, fuch Money
kill,
in
cafe
the
faille
hall
amouiit
to
the Sum of
Two
hundred
Pounds,
with all convenient Speed
be
prtid
into
the
Bank
of
EnglmiE,
in the Name
and
with the Privity of the
iic-
countant General
of
the
High
Court
of
Chancery, to be placed to
his
Account there
EX
parte
the‘irufices for exccuting this
A&,
to
the Intent
thzt fuch
Money
ihal!
be applied, under
the
DircQion, and with the
Approbation
of
the
iaid Court, to be iignified
by
an Order
made
upon
a
Pstition
to
be
preferred in
a
f~mmaiy Way,
by
the Perfon or Perfons
who would have been entitled to the Iients ancl
Profits
of
the raid
Lands,
Tenements,
or
IIereditanients, in tile Purchak
of
the Land
Tax,
or
Difcharge of any
Debt
or
Debts, or fuch other Incunibrance, or
Part
thereof,
as
the
faid Court ihall aLi:horize to be paid, afTeAing the
fame
Lands, lenements, or Hereditaments,
or
aKeLiing
other Lands, Tene-
ments, or IIeredicanients, itanding fettled thercwith, to the Panie
or
the
like Ufes, Intents, or Purpofes, or nhere
fuch
Money fhall not be
fo
applied, then the fame fliall be
laid
out and
irivefied,
under the like
Di-
ieQion and Approbation
of
the faid Court, in the Purchafe
of
other Mer-
fuages, Lands, Tenements, or Hereditaments, which
fhall
be conveyed
and fettled
to,
for,
arid
upon fuch and the like Ufes, Trufis, Intents, and
Purpofes, and
in
the
hie
X4anner as the MeRuages, Lands, Tenements,
and Hereditaments, which
hall
be
fo
purchafed, taken, or ufed as afore-
faid,
itood
fettled or
;imited,
or fgch
of
tliem
3s
at the ‘lime
of
making
fuch Conveyance
and
Settlcment
hi!
be
exifiing, undetermined,
and
ca-
Fable
of
taking
E:iFcA
;
and
in the
nitan
I
ime
and
uiitil
fuch Purchak
ihall
be made, the
hid
rll~cejr
hall, by Order
of
rhe
Court
of
Chancery,
upon Application thereto, be inveficd
by
the
faid
Accountant Genera!
in
his Name,
in
the Purchde
of
T
rlree
Poiiiicls
Fer
Cc72tm
Confolidated or
Three Pounds
per
Ctntzini
Reduced
Bank
An~uit~es
;
and
in
the
mean
Time and until
the
Fdid
Bank
Annuities
fi,ail
be ordered
by
the faid Court
to
be
fold for the
l’urpofea
aforekd, the Dividends and annual Produce
of
the faid Confo1id;ited or Reduced
B311k
Annuities fhall from Time
to
Time
be
paid by
OrJer
of
the
faid
Court
to
the
Perfon or Perrons who
would
for the Tine being have been
entitled
to the Rents and Profits
of
the faid Lands, l’enements, 2nd Hereditaments,
fo
hereby direaed
to
be
purchafed,
in
cafc iucli PLd~afe
or
Settlement were made.
r
7.
..
XXXIS. Proiided always, and
be
it enaQed, That
if
any
Money
AppiIcat:on
fo
agreed or awarded to be paid for any Lands, Tenements, or Heredi-
where
the
Coni
pt
n
rati
ments, purchafed, taken, or ufed for the Purpofes aforefaid, and be-
filall
be
ler,
longing to
any
Curporatjon,
or
to
any Perfon or Perrons undcr
Difabi-
thy11
200‘
2r.d
lity
or
Incapacity
as
aforefaid,
ihall
be
lefs than the Sum
of
Two
hun-
’’‘’
dred Pounds,
and
171a11
exceed or be equal
to
the
Sum
of Twenty Pounds,
then and in
al!
fuch
Cafes
the fame
ffiall,
at
the
Option
of
tbe Perfon
or
8
Ycrfons
pA”ns for the Time being entitled to tile
2c:~ts
anc?
Pro5rs
of
€1~~5-
ditaments
fo
purchafecf,
t&en,
or
ired,
or
of
his,
her,
or
ikc:r
Gxzd-
ian
or
Guardians, Co~iitxittee
or
Conimit:zcs,
in cafe
oi‘
Iri
n;lcy,
to
be fignified in Writing
under
thek refixLlirc
1-121
into the
Ban!;,
in the
Name
and
with
:!:e
l’riviip
of
the
!ai
General
of
the
High
Court
of
Chancery,
and.
to
be plzced
to
his
ACCGUI~
as
aibrefaid,
in
order
to
be applictl
iil
Man11;r
:iersi:?-bti‘orC
dk&d,
~i
otherwii‘e
the
fame ilia11 be paid,
at
tlie
like
Optio:i,
to
Two
Trdtees
to
be
nominated
by
:he
Pdon
cr
Perfins
mal;ing
~UCFI
QpGcin,
aid
ap-
proved
of
by
Five
or
more
of
the
hid
‘l’ruitees
fir
e;iec:-Iting this
AQ,
(fuuch
Noniination
and
Approbation
to
be
fignitied
in
iVri6ng
under
the
I-lands
of
the
nominating and
approving
I’arties),
in order
thac
fuch
Principal Money,
and
thc
DI\il.!ends
aiihg
therecri,
ay
be
app!id
in
any
Manner herein-bef;;rz
direcled,
fo
as
thc
C-’-
’
U:
app,icaS!e,
~:i:ho~t
obtaining, or being required to
obtain,
the
DireGion
or
Approbation
of
rhe
Court
of
Chancery.
,.
,.
XI,.
Provided
alfo,
and
be
it
enaaed,
That where fi~ch
Momy
f3
agreed
or
awarded
to
be
paid
as
next
b&(,re mentioned,
fldi
be
than
Tweiity
pound^,
then
aiid
in
all
fuch
Caies
the
fame
fliall be applied
to
the
Uk
of‘
the Perfm
or
Perfons
\\rho
wou!d
for
the
Time being have
been entitled
io
the lknts
and
Profits
of
the
HeTeditamento
fo
pul-chafed,
taken, or
ufed
for
the
Purpofes
of
this
A&,
in
fuch
Manner as the
hicl
’rruftees fhall think
fir
;
or
in
cafe
of
Infmcy or
Lunam
then fuch
Rlo-
ney
{ha!]
be
paid
to
his,
her,
or
their Guardian
or
Guardi:ins,
cornmictee
or Comniittees,
to
and
for
tlie Ul’e
and
Benefit
of
hch
Perfon
or
Perfons
fo
entitled refixttively.
J?
For
yttyti:
KO.ld5.
XI.
And
be
it
further
enatteci, That it
ilia11
and
may
be
!al:.:ul
to
and
for the Surveyor or Surveyors
of
the Did
Roads,
and
all
filch
l’erfom
as
he
or they refpec‘tively
fliall
appoint,
to
rearch for, cat,
dig,
get,
gatbier,
and
take
away any
Furzr,
Heath,
Beach,
Stones, Gravcl,
Smd,
or
other
Materials, for making or repairing the
hid
Rods,
out
of
or
from
any
Common
or
TVafie
Ground, River or ljrook, in
any
Pnrifli,
‘I’oxniGip,
Hamlet, Divifion, DifiriEt,
or
Place
in which
any
Part
cif
the
I?OX!S
hereby diretked to be made,
amended,
and
repaire
neighbouring
’
Pariih,
Townhip, Hamlet, Divifio
without paying
any
Thing
for
the
fame,
they
Surveyors, or other Perron or Perrons, fillin?
up
levelling
the
Grouid,
or iloping down
the
Bmli
mali
be
raken,
or
railing or fencing
ofF
fuch
Fits
fame
may
not
be
dangerous to
Pdflingers
or
Cnct
Scrreyor
or
Surveyi;rs,
or
other Perhis
as
afoi
i;
he
hicl
Truitees,
kxch
for7
cut,
dig,
get,
gat
bZr;ti;rials
in
and
out
of
the
private
I,nnds,
PI
b:is,
n.here
the
l’anie
may
lie
1x1
Fields,
0;
CrGziid:.,
not
bcirlg
a
Garden,
C>rcl~:~rcl,
-1.
piiilltd
aiid
fet
apart
3s
a
PTxrfi~y
fir
TT
Rate
for
fuch
b’ir:terlals
:encier;~i~r
j-!ich
:;;itisF&cIi
and
carrying
2x.l.a~
i:~!.c:f
b1:lt~rIal~
to
..
“’b.
.
4r0
GEORGPI
111.
Cap.
tt.
Grounds, where and from whence the fame hall be Cut,
dug,
gotten;
gathered, and carried away, or over which the fame,
or
any other Ma-
terials for making and repairing the Paid Roads, ihall be carried,
as
the
faid
Trufiees hall adjudge reafonable
;
and in cafe
of
any Difference be.
tween the faid Trufiees, Surveyor or Surveyors,
or
other Perrons em-
ployed
as
aforefaid, and the faid Owners or Occupiers, or any
of
them,
concerning fuch Payments and Damages, it kall and may be lawful to
and for any One Jufiice
of
the Peace
of
the County or Place where fuch
Materials
kall
be
Po
cut, dug, gytten, gathered, taken, and carried away,
on
Ten Days Notice thereof in Writing being given
by
either Party
to
the other, or
to
be left at their refpeehe Places
of
Abode, to hear, fet-
tle, and determine the Matters of fuch Paytnent and Damages
;
and the
Judgement or Order
of
the faid Jufiice hall be final and conclutive to all
Parties
;
but nothing herein contained hall extend, or be conitrued
to
extend,
Po
as
to
empower the Paid Trufiees or any Perfon
or
Perfons
ding by or under their Auchority, to get, take, or carry away any
Beach from or out of the Parim of
Stonar,
without paying or tendering
the ufual or accuitomed Price
of
the hie.
XLII.
Provided neverthelefs, and be it enaEted, That
it
hall
not
be
Notice
to
be
lawful for any Surveyor, or other Perfon or Perfons under the Authority
~lvell
to
the
of
this
A&,
to
dig,
gather, get, take, or cgrry away Materials for mak-
~~~~~b~~~~~
Occiipiei
5
of
ing
or
repairing any of the hid Roads, out
of
or from any inclofed
platerials
are
Lands or Grounds, until Notice in Writing, figned
by
the Surveyor,
hall
hue bcen given
to
the Occupier of the PremiPes from which fuch
Roads.
Materials are incended
to
be taken, or
left
for fuch Occupier at
his
ufual
Place
of
Refidence,
to
appear before the Paid Trufiees or
Two
Jufiices
of
the Peace aQing for the County or Place where fuch Premifes hall
lie,
to
hew
Caufe why fuch Materials
hall
not be had from fuch Lands
or
Grounds
;
and
in cafe fuch Occupier or his Agent
ka!l
attend purfuant
to
fuch
Notice, the
faid
Trufiees, or fuch Jufiices hall, if they think
proper, authorize fuch Surveyor, or other Perfon or Perfons, to dig, get,
gathcr, and cmy away fuch Materials, at hch Time or Times
as
to the
€aid Trufiees or fuch Juitices
f?iA
feeni proper
;
and if
fuuch
Occupier
hall
negleQ or refiife to appear by hiinfelf
01
his Agent, the faid Trufiees
or fuch Jluilices ihall and
may
mike
fuch Order therein
as
they rdpec-
tively
kall
think
fit,
as
fully and eEe&ually,
to
all Intents and Purpofesj
as
if
fuch Occupier or his rigent had attended.
to
be
taken
XLTII.
And
be it further endled, That
if
any Perfon
whofoever
penalties
on
fhall take away any Materials which flial! have been digged or gathered in
$!;!i;;;Y
any Lands,
Fields,
Wafite, or Grounds, River, or Brook, for the Pur-
pofe
of
amending the hid
Roads,
or any ?art or Parts thereof,
or
hall
Order
of
the
get or take away
any
Materials
our
of
any
Pit
or Qiarry which hall have
been maSe for the Purpofe of getticg Iuch Materials for amznding
the
faid
Roads,
or any Part or Parts t!:sreof,
before
the
faid
Surveyors
or
their Wcr!rrnen
ihall
have clifcontinued working therein for the Space
of
Six
iny‘eeks,
(except the Owner
or
Occupier of any prisatc Ground, and
Perfrns authorized
by
fuch Owner or Occupier to get Materials therein
for
his
own
private
Ufe
only,
and
~ot
for ‘ale),
every Perfon
lo
oEendinp
mall forfeit for every fuch Oireence
any
Sum
not exceeding
Five
Pounds.
gotby
Surveyor.
a26
Surreyors
XLIV.
And
be
it
further enacted, 'l'hni- it
kdll
and
m~y
to
and for the faid Surveyor or Surq
01
s,
a:ld
fuch
1":
iuri
cr
Ee
or
they
fhall
refpeQively appoint,
by
the Order
of
tIic
faic
to cut
and
make any Drains or
Ditches
through
my
Lmcis
OT
adjoining or lying contiguo;ls to
ar,y
of the faid
Roads,
in
iud
as
luch Surveyor or Surveyors fliall
deem
and
judge
neceiIiiy
ad
prcpr
for amending or lieeping in Repair any of
:he
iaid
Roads,
anl
&b
to
make
a
\?$ay
or
Tirays
through the hids
;ii?d
Grouiids
adjoinirig
to
any
narrow or
rUiiiot;F
Part
or
Parts
of
the
fd
Roads,
(not
being
a
Gar
Orchard, Pdrk, Pard, Pdddock, p!anted
',VaIk,
or Avenue
to
any
Houl',j,
to
be
made
ufe
oi
as a publick Mighwa\!,
whilfi
the
nairow
or
IU~~~~~US
Parts
of
the faid feveral
Roads
are
vidciiing
or
rrp~iring,
and
ur>,tji
:lie
fame fliall be convenient
arid
Safe for
the
I"ilfia!;e
of
'Travellers
d!id
Car-
C.
-
1.
riages, mamng fuch reafoiiabie Sztisfafiion
to
thc
Ch
iiers
and 0ccup;m
m:king
rtn-
iopcl~)~t
scLtir-
tAction.
of
fuch Lands refDectivelv throunh which
ani'
fxch
ilrain
ihall
be
cu:,
or
I
J
L>
on
or
over which any fuch teniporxy
Ron:!
ihJl be
made,
hr the
DL-
mages which
filch
Cwncrs or Occupicrs rtFpxtivcly
ilia11
or
niay thereby
cyr,
cf
7.l;y
fufiain,
3s
fliall
be
a:!judged
by the
fd
"i'ru3ecs
;
aiid
iil
cafc
~iiy
Dii-
~,
ths
fercnce
fli
,I1
h:.ppm between
rich
Owners
or
Occcpitrs
and
iuc't
1',
J:-
pe~cc
?el-
tees,
touching
hcli
Damage,
then the JuCices
of'
the Peace
at
:):e
Fir2
Gencral or
qudrtcr
Sefions
of
the Peace
to
be
hok!en
for
the
Count:
51
hons
to
deter-
inbile
tile
Tme.
IGnt,
or for
the
Town
2nd
Port of
DOUW,
or
for
the Town and
Port
of
Saizrizclich,
according to the Jufifdiction in which the Land flidll lie, next
after the Expiration
of
Twenty
Days
from
the
Time
of
doin[; fuc't
Damage,
ala11 and are hereby authorized and required to hear, feLtiz,
ad
Jettrrnine
the
tmc,
and their Deterillination therein
hall
be
final.
3
3
if1
I
rncr ttie
XLV.
And
be
it fcrther enactec1,Tiiat
it
hall
and
may be
lawfd
to
a::d
iinna,a:.ces.
for
tlx
Lid Surveyor or Surveyors, and
fuch
Perfon and Perfona
as
hc
or
they
refpectively fliall appoint, (by Direction
of
the faid
'I'ruitccs,
uiid~i
their Hands),
fiom
Time
to
Time to
remove
and prev~nc all
Anrioyxncis
on
any Part or Parts of the
faid
feveral Roads by
Rails,
Steps,
Sisn
l'ds,
or
other
Pofis,
and
alfo by Filth, Dung,
Afhes,
Rulhifli,
or
othcrniiz,
and
to
turn any Watercourfec, Sinks, or Drain5 running
illto,
ai
mg,
or
Out
of
any
of
the
hid
Roads,
to the Prejudice thereof, ar:d to
nike
the
fime
as
!xge
and deep
as
he or they
fliall
think
pr~:e;',
md
i3
cicaiiye
any Dirch or TVatmmrre next adjoining to any
of
the
idid
Rc~s,
niid
to
cut
dow:;,
lop.
or
top
any
?'lees
or Buflies growing
in1
ally
oi
f&Cl
Rmds,
or
in
rlie
Hedges
or
Baiiks
adjicent thereto, in cde
tht
P'
,
hii
or
PLrfons occdfioning luch Annoyance, or
wl~o
ouglit
to rciiid.
i
'!le
hmc,
or
to
cleanfe filch Ditch
or
Watercourfe,
or
to
cut
d~wn,
i,+,
or
tcj:)
iuch
Trees or
Buflies,
kall refufe
or
ceglect
h
to
do
for
ii:e
Space
of
I'en
Dnjs
next after Notice in Writing given for
tht
Purp:t.,
~ignc.!
i)y
ihe
Paid Trufiecs,
or
of
their Surveyor or
Survcyois,
the
Ch,;iAc:
hall
tie
reimburfed
to
the Said Surveyor
or
SurLTeyous
hy
tiiL
ip
Perrons refding or ntglecting
as
aforefid
;
2nd
in
CA
z:.y
!xh
Perron
hall
not, upon Demand,
*pay
ar,d
reinibuife to
id1
:Julve;cr
or
Surveyors
fuch
Charges as
aforefd,
the fame
fhdll
and
may
be
r
by
IIiQrefL;
and
SLde
of
the
Goods
and
Chattels
of
€LI&
H'CIIL
Manner
as
is
herein authorized
or
directed for
the
Recovery
01
Penalty
in0ictccl
by
this Act
;
and if, after the
lier;iord
of
s
S
ne:
-rc
r~y
121ni.\
r
'
128
4.1"
GEORGII
111.
fuch
Par&
or Place,
in
lieu
of
or as
a
Compofition for fuch Statute Work
as
afoiefaid,
&all
be by him, her, or them paid to the faid Trufiees,
or
their Treafurer or Treafurers
;
and in order thereunto
it
hall and may
he
lawful
to
and for fuch jufrices from Time
to
Time to lummon
the
Sur-
veyor
or
Surveyors of the I-IighRays for every fuch Parifh or Place,
to
bring in Writing before fuch Jufiices, at Come Place to
be
expreffed
in
fuch Summons, (within Ten Days after the ferving of fuch Summons),
the Names
of
the feveral
Perfons
who within fuch Parith or Place are
by
Law fubjeA and lidble
to
do Statute
Work
for that Year,
or
to the Pay-
liient
of
any Money in lieu of or as a Conipofition for ftich Statute
tvork, difiinguifhing the Nature of the Work to be done, whether \kith
Teams
or
Draughts, or otherwife, and aKo the Amount
of
the refpeajve
Sums to be
fo
paid, which
I&
of
Names kall be made
in
Manner, and
under fuch Regulations
aid
ReitriQions
as
direQed
by
any
Law
or
Sta-
tute in
Force
and
EEeQ
for the Repair
of
the pub!ick Highways
;
and
out
of
fuch
Lifis
the faid Jufiices
fliall
and may
allot,
appoint,
and
order
fuch and
fo
many
of
the Perfons who ihall appear
to
be fubjec't and liable
to
Statute
Work
as
aforefaid, to do fuch Number of Days Statute
TVosk
in
every
Tear
upon the faid
Road,
as the faid Jufiices kall think
reafon-
able, and the lame fliall be done on fuch
Days,
and
at fuch
Times,
(not
being
Hay
Time or Harvefr), and in fuch Parts of the faid
Roads,
as
the
faid Trufrees, or their Surveyor
or
Surveyors,
hall
from 'I'ime
to
Time order, dire&, and appoint; and the laid Jultices hall and
RX,~
alfo
order
and
dire& the Perfons who by
fuch
IXts
hall
appear to
bc
fub-
je& and liable
to
the Pdyment
of
any Money in lieu
of
or
as
a
Conipofi-
tion for Statute
Work
as
aforefaid, to
pay
fuch Proportion thereof
as
the
faid Jufiices fliall think proper,
to
the faid
Trufiees,
or their Treafurer,
at
fuch
Time or Times as they tbe
faid
Jufrices
hall
dire&, and in Default
of
Payment thereof, the fame hall and
may
be
recovered by Diftrers
and
Sale
of
the Goods and Chattels of the refpeCtive Perfons liable to the
PLY-
nlent thereof, in like Manner
as
any Penalty is by this
A&
authorized
&
dire&ed to be recovered
;
and each and every Perfon who
hall
negle&
or
to
do
fuch
Statute
Work
as aforehid, after Notice in V,'riting
given to, or left for him, her,
or
them, at his, her, or their ufual Place
or Places
of
Abode for that Purpofe,
by
any Surveyor of the faid ri'ruf-
tees,
hall
for
every Day
of
his, her, or their Default, or the
Default
of
any Labourer or Labourers,
Team
or Teams, Drawht or
i):alights,
Hark
or Horfes,
Bait
or Beah, to be provided by him, her, or them,
be
fubjecl and liabie to fuch Pains, PenJtics, and
I?(
r;titurcs, as fuch
Yerfon
or
Perfons
n~y
be fubjea or liable to by any
Law
or
Statu:.:
in
Force nd
F.Eect
for the Repair
of
the publick Highmys
;
and
if
any
Perfon
who
hall come to work as
a
Labourer, or
hi1
De Pent
with
any
Team
or Draught
to
work on the
hid
Roads
ihall
be
fc
1
id
idle
cr
nqii-
gent
by
any Sur;reyor to the
{aid
'l'rufiees, fuch Surveyor
is
hrreby
etn-
powered
to
remove and turn
off
the Perron who
hall
be found
i
iIe
or
negligent
as
atorefaid, and in that Care every fuch Perfon
ib
rll
be
iub-
je&
ai:d
liable to the rdpecctive Forfeilurcs and Payments afo!cfai,i,
as
if
he
had negleQed or refufed to come,
or
fuch Team or Draught
had
not
been
fcnt
to
wcrk
OR
any
of
the faid Roads
;
all
which Forteitures
flld!l
be
piid
tc;
the 'i'rcafurer to the
faid
Trufiees,
and applied towar& anend-
ing
the
Ciid
Roads
;
and
in care the Paid IcjurT.e)or or Survejors
o,C
the
1ilgh~~~ys
for
any of
the
fiiid
Parikcs cr i'lac~e
flail
refuft:
or
n:lfu:iji
negleC:
io
give
in
hdi
J.it:s
as
aturchaid,
or
hail
iina:v;rgiy
or
atiifLll~y
4
;{?.:e
+IO
GEORGII
111.
Cap.
I$.
ive
in
falfe or imperfeQ
Liits,
every fuch Surveyor
To
offending hall,
kr
every fuch Offence, forfeit
and
pay
any
Sum
not exceeding Forty
Shiklihgs.
L.
And
be
it
further enaaed,
That
all
the
Coits, Charges,
and
Ex-
A~ll’ication
of
the
Money.
pences
incident to
and
attending the obtaining and palling of this
A&,
fiall
in
the firk place be
paid
and defrayed
out
of
any
SUM
or Sunis
of
Money
fubfcribed for the Purpofes
of
this
A&,
or
out of the
Tolls
col-
lefied
by
virtue of this
Act,
or out of the Firit Money
borrowed
on
the
Credit thereof, and the Remainder
of
the Money
fo
raifed hall frorrl
Time
to Time be applied
in
repaying the
Monies
borrowed
by
virtue
of
this
AA,
and the
Intereft
thereof; and
in
carrying this
Alt
into
Exe-
cution.
’
LT.
And
be
it further enaaed, That
all
Penalties and Forfeitures
by
Recovery
Application
and
vlrtue
of‘
this
Act
impofed
(the
Manner
of
levying
and
recoverino
0
of
Penalties.
whereof
is
not
hercby
otherwife particularly directed), fhdl
be
levied and
recovered
by
Diitrefs and Sale of
the
Goods
and
Chattels
of
the
Of-
fender,
by
Warrant under the Hand and
Seal
of any
Jililice
of the Peace
for
the
faid
County of
Kent,
or
for
the
€aid
Town
aid
1’01
t
of
DOVJT,
or
for
the
faid
Town
and Port of
Surrdzt~ir.h,
where
the
Offence
kall
happen, (which Warrant
hch
Jufiice is hereby
empovoid
to
grant
upon
tfie
Confefion
of
the Party, or
upo~
the
Evidence
of
~ny
credible
Wit=
rids
upon
Oath), and
the
Overplus
(if
any)
of
the
Riloncy
arifing
by
fuch Difircfs
and
Sale,
ffid1
be returned,
upon
IYernand,
to
the Owner
of
€uch
Goods
arrd
Chattels, after
deduflting
the
Coffs
and Charges
of
making the Difirefs and Sale, and the Penalties and Forfeittires; when
recovered,
(if
not
herein-bttfore direEtcd to be
athetwife
applied),
fhali
be
paid
to
?he
Treafurer
to
the
fdd
Ttuitecs,
to be applied towards
the
Purpofes
of
this
A&
;
and in cafe €ufficient Difirefs ihd1 not
be
found,
cr fuch Penalries and Forfeitures hall not
be
paid forthwith,
it
fhall
and
~;ly
be
lanfiil
to and
for
fuch Jufiice, and
he
is
hereby authorized and
required, by Warrznt under his Hand and Seal,
to
cxuk the Offader
to
be committed
to
the Common
Gaol
or
Houfe
of
CorteQion, there
td
remain,
without
Bd
or
Mainprize, for any Time not exceedicg Three
Calendar
h’lonths
nor
lefs
than Fourteen
Days,
unle!s
fuch
Penalties
and
Forfeitures Cia!l
be
fooner
faliy
paid
and fatisfied.
LIT.
And
Se
it
fxftker
enafited, That all Perrons who
have
fubfcribed
Pourer
to
tcj
pzy
any
XoEey
tomrds
making
and repairing
any
of’
the
faid
Roads,
~~$~~~~
fidl
be
and
are
hereby
rcfpec?iveiy
requiid
to
pay
their Subfcription
fciipoiis.
R’Ion~y
t?
:lie
Treafgrer
to
the
laid
Trultees,
nt
fuch
7hie
or ’Times
3c
ihall
be
appciinttd
by
the
faid
‘1
rliitees
;
anti
if
any
fwh
Subkriber
hail
negle€t
or refdc
to
p2y
fuch
Money
as
zfoictiid,
it
h!l
and
may
be
law-
ful
to
arid
for
the
fait1
’rr:iftee$
to
Iiie
for
c:~id
recover
the
fame
by
A&im
at
La-,v
in
my
cif
I!is
hIzje!iy’s
Ccurt;
oi
RecorJ
;It
Jz’/ei”tminflrr.
LITI.
An?
be
it
fxther
enaL?e:l,
?’kat
whenever
any
ABion
hall
be
Artionstobe
hrourrht
by
the
Order
cf
the
hid
l’l-u!tt.es,
againfk
;my
hfOn
or Perfon;
Na,ncs
of
by
virtue
or
in
p!:r!u;ince
of
this
All,
the
lame
nray
bc
brought
in
thz
r1.e
Tml~~rx
Name
or
n’::nncs
01
their
‘l’reafuuicr
or
Clerk,
or
in
rlic
Nme
oi“
.IRY
0111:
oqeot
of
the
hid
‘ri
ui‘!ec?,
011
lbhalf
of
the
faid
l‘ruff
frail
;I\)
It
1
nr
bc
difc(~nths;cd
hv
rh:
IIrnth
0:
Xe~:?~a.~il
of
file
Perion
in
;
1
ii.
5
p:
I
I
6
e
TA!
i?
0
fit
!)roupht
in
L.’
orClzik,
or
;
arid
no
f\iCh
Aflior;
Tru!teer.
-
-
I30
41"
GEQRGII
1x1,
Cap.
I
I.
Trc;trurersor
whok
Naine
the
fame
hall
be brought
;
but
no
fuch Treafurer, Clerk,
tlr..;~,
or
otI.e,
~,,,fiee,
or
'Trufiee, or any
or
either
of
them, hall be hbje& to the Payment of
not
liabieto
any
Coils
or
Expences on Account thereof,
but
all
fuch
Cofts
and
Ex.
th-
Payment
of
cLits.
pences
hall
be defrayed
out
of
Money arifing by virtue of this
A&.
Appeal.
1.W.
ProPided always, and be
it
enatled, That
if
any Perfon or Per-
fons
ilia11
think hinifelf, herfelf, or themfelves aggrieved
by
any
Thing
done in purfuallce of this
A&,
fuch Perfon or Ptrions may appeal to the
Tufiices
of
the
Peace at the Firit or General Quarter Sefions
of
the Peace
io
be holden for the Eaftern Divifion of the faid County
of
Kent,
or for
the Town and Port of
Dovo
,
or for the Town and Port
of
Sandwich,
(within which the Matter
of
Appeal hall
arile),
next after the Expiration
of
%)ne Calendar Month from the Time filch Ahtter of Appeal fliall have
arifen, the Perfon or Perfons appealing having firft given 'I'en Days Notice
at leafi
of
his, her,or their Intention to bring Puch Appeal, and
of
theMatter
thereof,
to
the Treafurer or Clerk
to
the
faid
TruRees
;
and the Jufiices
in
fuch
Sefions
are hereby authorized and required to hear and determine
the Matter of fuch Appeal in a fummary
Way,
and
to
make fuch Deter-
mination therein
as
they
hall
judge proper
;
and fuch Determination ihall
be final, binding,
and
conclulive
to
all Parties,
to
all
Intents and Pur-
pores
whatfoever.
LV.
And
be
it furthef ehacted, That where any Diltrels &all
be
made for any Sum
of
Money to be levied by virtue
oE
this
A&,
the
Dif-
trefs itreelf hall not be deemed unlawfbl, nor the Party
or
Parties making
the fame be deemed a Trefpager or TrefpaiTers,
on
Account of any
De-
fee
or Want
of
Form in the Summons, ConviEtion, Warrant
of
Diitrefs,
or other Proceedings relating thereto, nor
fiiall
the Pdrty
or
Parties dif-
training be deemed
a
TrcfpatTkr or Trefpairers
ab
initio,
on
Account
of
any Irregularity which fliall be afterwards done by the Party or Parties
fo
diltraining
;
but the Perfon
or
l'erfons aggrieved
by
fuch Irregularity
hall
and may recover full Satisfaaion
for
the fpecial Damage in
an
Ac-
tion upon the Cafe.
nifirt=rsnotto
for
want
of
Eo!m.
be
uiilawiul
I
turcecliir;:s
LVI.
And be
it
further enatled, That no
Order,
Verdia,
Liliei'inient,
:ii
t
1:)
he
Judgement, or other Proceedings made
touching
or concerning any
the
ConviQicn
Forlib,
or
re-
of
my Offender
cir
Oifendex aqainit this
A&,
hall
be
quaffied
or
vacared
fm
Want
of
Form
only,
;r be reriioved
or
removeable
by
Czr-
tio!-nri,
or
zny
other Writ
cr
Proceis whatfoevei, into
any
of
His
Ma-
jelly's Courts
of
Rcsord
at
We/ttniy'i!ei-
;
any
Law
or
Statute
to
the
COR-
trary
hereof
in
any
wife
notwithitanding.
tj,l:ifiied
i<:r>
\,
,,:ifi:Gt
of
the
Matters aforehid,
or
touching or concerning
jll;!i,iti,:i;
not
LVTT.
Aid
be
it
further enatled, That
no
Plzint-iff
or
Piaintiffs %all
re-
ii9
r:-co'ei
at'.
cover
in
any
Action
to be conimenced
againit
any Perfon or
Perfons
for
.Q:i,t.iidi.
zny
~~iing.
hone
in puri'uance
of
this
AA,
unIeIs Notice in
Writing
halt
have
been
given
to
the Defendant
or
Defendants Twenty-one
Days
before
hch
Action
fliall
be
comnienced,
of
fuch intended Action,
figned
by
the
Attorney
for
the
PlaintiE
or
Plaintiifs, fpecifyiq
the
Caufe of
fuch
Ac-
tion
;
nor
hail
the Plaintiff or Piaintiffs recover
in
fuch Action,
if
Ten-
der
of f&cient Aniends hath been made to him, her,
or
them, or his,
ixr,
or their Attorney,
by
or on Behalf of the Defendant
or
Defendants,
hdore
iwh
Action
brought
;
and
in
cafe
no
fuch Tender fl~all have
bem
ICI.
T'
:ld\.L
of.
made,
it hall and may be lawful
to
and for the Defendant
or
Defendants
in any fuch Action, by Leave
of
the Court. after fuch Action hall have
been brought, at any Time before Igue jointd,
to
pay
into Court
iuch
5um
of
Money
as he, he, or they hall think
fit,
whereupon fuch Pro-
ceedings, Order, and Judgement,
hall
be
made
and given in and
by
fuch Court, as in other Actions where the Defendant is allowed to
pay
Money into Court.
LVIII.
Provided always, and be
it
enacted, That no Action
or
Suit hall
Limitationsof
be commenced againit any Perfon
or
Perfons for
any
Thing done in purfu-
Actions*
ance
of
this Act after Six Calendar Months next afrer the Fact committed
;
and every fuch Action or Suit
hall
be brought, and tried
in
the County
of
Kmt,
and not elfewhere
;
and if any fuch Action or Suit hall be brought
before Twenty-one
Days
Notice fhall
have
been given, or after
a
fug-
cient Satisfaction made
or
tendered as aforefaid,
or
after the Time limit-
ted for bringing the fame as aforefaid, or
hall
be brought in any other
County than as aforefaid, then the
Jury
ihall find for the Defendant
or
Defendants
;
and upon fuch Verdict, or if the Plaintiff or Plaintiffs hall
be nonfuited,
or
difcontinue
his,
her, or their Action or
Suir,
after the
Defendant or Defendants hall have appeared, or if upon Demurrer
fudgemerit hall be
given
agzinfi
the
Plaintiff
or
PlaintiEs, then the
De-
fendant
0:
Defendants
fha!!
recover
Treble
Coh,
and have fuch
Re-
medy
for
the
fame as any Defendant hath
for
Cofrs
of
Si:it
in
othe: Cafos
by
Law.
t
LIX.
And be
it
further enacted, That this Act
flial!
be
deemed, ad-
PuLlick
AB,
judged, and taken to be a Publick Act,
aild
hall be judicially taken
No-
tice of as fuch, by all Judges, Jufiices, and other Perfons, without being
fpecially pleaded.
LX.
And be
it
further enacted, That this
Act
hall comn:ence
and
Commence-
take place
on
the
TVCdnefday
Fortnight after the
pfing
thereof, and
flrall
Continuance
be
in force and have Continuance
for
and during
the
'Term
of
Twenty-
of
theA8-
one Years, and
from
thence to the End
of
the
then
next
Seiiion of
Parliament.
inerit
and
LONDON:
Printed by
GEORGE
EYRE
and
ANDREW
STRAHAN,
Printers
to
the King's
mofi
Excellent
&l+dly.
I
Ssr.
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