Road from Pyecombe to Staplefield Common Act 1808

JurisdictionUK Non-devolved
Citation1808 c. ci
ANNO QUADRAGESIMO OCTAVO
EORGII I REGIS
****##*#*****####*»
Cap.
101.
Ant for -making and maintaining a Road from the
Brighthelmftone Ro&d'£t,
Pyecombe\
Xo the Cuckfield
Rozd^Stapkfield. Common, and:.'from Pyicombe
to the Henfield Road at
Poyning%
Common, in the
Cburity of Suffix. [3d June 1808.J
W
HEREAS the making and maintaining a'Road leading from
aqd out,of the
Brighthelmftone
and
Cuckfield
Turnpike.
Road near
pyecombe
Church, in the^Pariih of
Pyecombe%
in the County of
Sujfex^
through
Pyecombe
Dale, and by Newtimber Place, to the Branchr
of the
Henfield
Turnpike Road leading from the Marie Pit near the Bot-
tom of
Saddle/comb
Hill, in the Parifti of Newtimber, to the Marie Pit front-
ing NewtimberBroad
Lane,
in the fame Pariflijn the faid County
ofSuJJex^
and from the North Side of the faid Branch of Road to the Turnpike Road
leading from Ublefs Farm, in the Parifh of
Hurjlpen"pointy
in the faid
County, to the faid Marie Pit oppofite to Newtimber Broad Lane afore-
faid, and from thence along the faid lafl>mentioned Turnpike Road
to Ubley's Farm -aforefaid, and from thence by Albourne Green and
Sayer*s Common)
to a certain Farm called Little
Stuckles,
otherwife Shinings,
in the Pariih of
Hurfiperpoint
aforefaid; and from Little
Stuckles
Farm
aforefaid, by Hickfted Place, zn&Botney
Common
to a Place called Staple-
field
Common^
in the faid County, there to join and enter into the Turn-
pike Road leading from
Cuckfield
to Crawley, in the faid County
$v
and a
Road leading from the Bottom of
Pyecombe
Dale aforefaid, alqng a cer-
tain Lane called the Beggar's Lane to the
Henfield
Turnpike Road near
Poynings
Common,
in the faid County, would be of great Benefit and
[wtwvfc? PirJ] 21 X Advantage
1922 48° GEORGII HI. Cap. 101.
Advantage to the Proprietors and Occupiers of Eftates in the Neighbour-
hood
thereof,
and of public Utility : May it therefore pleafe your Ma*
jefty, That it may be ena&ed, and be it enafted by the King's moft Ex-
cellent Majefty, by and with the Advice and Confent of the Lords Spi-
ritual and Temporal, and Commons, in this jprelljit^i^rHament aflem-
Truftees- bledj and by the Authority of the fame, That WiUkm Ageny Robin/on
Harry dftrjei Harry Attree, Sir Cecil Bifshopp B^mn, 0cilJ3i/shopp
Junior,,
Charles
Bifshopp, Sir
Charles
Merrick BurrekBfcimei, William
£ orrery William Borrtr Junior, John Borrer, NathmieL Borrer, Edward
Borrer, John Hamlin Borrer, John Bull
.Q£J
Pangdeam >
Thomas Bull,
Francis Bine, Stephen Bine, Richard Bine, John Burtenfhdwoi Reeds,
James Browne, Charles Bridger Clerk, Henry Brooker, William Blaber,
Sir Henry Blackman Knight, John Blaker, Botten, Richard
Cud-
dington, Thomas
Crojfwellbr,
Stephen Grofskey, Wiltiaih John Campion,
Henry Courthope Campion,
George Courthope
Senior, George Gourthope
Junior,
Charles
Coppard,
Thomas Coppard^Jofeph
Chandler,
John Bennett,
John Donald/on, Anthony Ede; Charles Ellis, John
Friend,
Thomas
Francis,
Charles Goring
of Wi/ion, Charles Goring of Highdon, Charles
Goring of Rowdell, John Gates of Henfield, John Hall, Thomas Hill,
John Hamfher, James Harmes,
Thomas
Hod/on,
William
Hodfon,
Michael
Barmes, William
Izard,
James Ingram, William Jenner,
Thomas
Read
Kemp, Thomas Kemp, Richard Lajhmer, William
Linfield> Thomas
hep-
par d, John Mar chant of hit tie Park, William Marfhall Senior, William
Marfhall Junior, John Marjhall Clerk, John Mills, Charles Francis
William Marten, John Lewis Newnham, John
OJborne,
the Honourable
William Stephen Pointz, William Phillips,
Benjamin
Pearce,
John Perkins,
William
Pen/old,
.Caleb
Rickman, John Rice,. John Pelham Roberts, Avery
Roberts, Rolfe, Richard Rujfell, Timothy
Shelley,
William Scrafe,
John
Smithp
William Smith, hawrence Smith, Thomas Scrafe, Benjamin
Scutt Doftor of Medicine,
Bartholomew
Smithers, William Stanford, the
Right Honourable
Thomas
Steele,
Leonard
Shuckard,
William Tilt Clerk,
Benjamin Tillftone, Thomas Uwinst James Wood of Hick/lead Place,
Richard Weekes, Richard Weekes Junior, Hampton We ekes, Thomas
Wickham, John
Wood
of
Ockley,
John
Whichelo,
John Wood of
Chejlham,
Matthew Walker, Thomas
Dominick
Whiteman, William Wigney, Henry
Wood of Wontley, Peter Wells, John Wood of
Parky
and John Wood o£
Wapfes, and their SuccefTors, to be elefted in Manner hereinafter men-
tioned, (hall be, and they are hereby .appointed Truftees for amend-
ing, widening, improving, and keeping in Repair the faid Roads; and for
otherwife putting this Aft in Execution,
Other
Truf-
H. And be it further enaaed, That when any of the Truftees herein-
tees to be before named, or to be elected as hereinafter mentioned, fhall die or re-
Death or
Re- ^u^e t0 a(^> or ke difqualified, it fhall be lawful for the furviving or
fufalioafl. remaining Truftees, or any Five or more of them, by Writing under
their Hands, to ele£t and appoint one other Perfon in the Room of every
Truftee fo dying or refufing to aft, or becoming difqualified -, but Notice
of the Time and Place of Meeting for every fuch Election fhall be given
by the Clerk to the faid Truftees, by affixing the fame in Writing upon
all the Turnpike Gates which, by virtue of this Aft, fhall be then erefted
and fet up, and by Advertifement in the hewes and
Brighthelmjlone
Jour-
nal, of in the Brighton
Herald,
or in fome other Newfpaper or News-
papers, printed or circulated in the faid County, at leaft Ten Days before
everv
48*
GEORGII III, Gap*iQt. 1Q2&
«fvery/fuek Meeting,;^anfd every: Perfon,. an^Eerfops/ who Avail jje (4
elefted
and"
appointed ftjall immediately^ upjon.fueh, Eleftion ;aml Ap-h
pointment, be veiled with the fame Powers and Authorities for putting
this Aft in Execution," as any-Truftee'hereby appointed'is or are-vefted
with.
IIL Provided alw^5, and be Jt. further
ena£t£d,.
That no Perfon,fhali.be Qaallficitlbi;
capable of a^ipg as
,^
Tryftee* jn the Execution of this Aft'whijs he holc|£ ofTJrffrfefcsv*
any; Place of ;$t;qfiO;Undgr;tt^ f^me,, nor in
any;
particular Cafe wherein he
$a]l,be., perfpaal^ mtere$^^ nor fhftll anjr
l^erfo^ be qualified to aft
asK%
Truftee; unlefs he (h^U,;atthe/TTime pffii^
afting, be in his own,Right,;,pr.in the Right qf his Wife^in* thea&uatl
Poflgffton an,d\ Enjoyment or Receipt of the Rents and Profit^ of
Lands, Tenerjientsi or Hereditaments of.
the;
clear yearly .Value ;of
Fiftv Pounds above Reprizes ;,;br fhall be Heir Apparent of a Perfon
feifed of a real Eftate in Lands, Tenements,' or Hereditaments, of the
clear yearly Value of One hundred Pounds, or be poffeffed of a perfonal
Eftate.to,the Amount of One thoufand Pounds,, nor until he fhall have
taken and fubffjrihed the following pathhefone any Two or more .of the
laid Truftees,,(whq^re/^eby authorized to adminifter the fame,) m
the Words, or to the Effeftfollowing; that is to fay:
c T.jf. B. do fwear, that I truly and bona fide arn^ ia.my. pwn :Right, Oath,
'.or in the Right of my Wife),in: the aftual Poffeifion; andEnjoy-
« ment or Receipt of the Rents and Profits,of Lands,. Tenements, or
* Hereditaments, of the clear yearly Value of Fifty Pouncjs above Rp-
* prizes; or am poffeffed of, or entitled to, a perfonal Eftate of the
* Value;pf-On§ thoufan$>Pounds, after all my Debts are; paid j [or am
the.HeirApparent of
A*M**
who9;to the beft of my Knowledge is
« feifed of a real Eftate of Lands, Tenements, or Hereditaments of the
4 clear yearly Value of One hundred Pounds, as the Cafe may/happen..]
So help me GOEV
IV. And if any Perfon disqualified by any of the Caufes afqrefaid, or Penalty
on
not being qualified as aforefaid, fhall neverthelefs prefume to aft contrary aaingr, if
not
to the true Intent and Meaning of this Aft, every fuch Perfon fhall, for ualifi-d-
every fuch Offence, forfeit and pay the Sum of Fifty Pounds, to any
Perfon or Perfons who fhall inform or fue for the fame, to be recovered
in any of His Majefty's. Courts of Record at
Wejlminjler>
by Action of*
Debt, or on the Cafe,-or by Bill, Plaint, Suit, or information, wherein
no Effoign, Proteftion, or Wager of Law, nor more than one Imparlance
fhall be allowed
$
and the Perfon fo profeputed, fhall proVe*that he is fo
qualified, or otherwife fhall pay the faid Penalty, without any other Proof
or Evidence on the Part of the Profecutor, than that fuch Perfon hath
afted as a Truftee in the Execution of this Aft: Provided nevertheless
That fuch Afts and Proceedings as fhall have been done and performed*
by any fuch Perfon, touching the Execution of this Aft, previous to his
being convifted of the Offence before mentioned, fhall, notwithftanding
fuch Conviftion, be as valid and effeftqal as if fuch Perfon had been qua.
lified according to the Direftions of this Aft: Provided always, That Mortgagee
no Mortgagee or Affignee of any Mortgage or other Security, nor any
"**?
a&
Lender of Money upon the Credit of the Tolls granted, by this Aft, or
jeceiving
1924
truftees rtiay
fue and be
faed in the
Fame
of
r Glerk*
Truftees firft
Meeting.
Truftees to
pay their
own Ex-
pences*
Or4ersto be
made at
Meetings
only, and the
Majority to
concur.
Truftees
be-
48°GEORGII IIL Cap.101.
receiving Intereft thereoutfor the fame, fHall, on that Account, be deemed
unqualified to aft as a Truftee in the Execution of
this
Aft*
V. And be it further
*
enafted, That the faid Truftees may fue and
be fued in the Name of their Clerk for the Time being, and that no
Ac-
tion,or Sub to be brought or commenced, by,or againft the faid Truftees,
or anyof them, by virtue "of this Aft, in the Name $f their Clerk, Ibfall
abate or be difcontinued bjr the Death* or Removal of fuch Clerk, or by1
the Aft of fuch Clerk, without the Confent of the faid Truftees, or any-
Five^or mote of them; -but that the Clerk, Tor the'Time being, to the
f&id Truftees, fhall always be deemed the Plaintiff or Defendant in fuch
Aftiop W Suit, as the Cafe may be: Provided always, That every fuch
Clerk fhall be reimburfed but of the Monies to
be.
received by virtue of
this Aft, all fuch Cbfts, Charges, or Expences, as he (hall be put unto or
become chargeable with, by reafon of his being fo made a Plaintiff or
Defendant,
VL And be it further enafted, That the faid Truftees, or any Five or
more of them, fhall meet together at the Houfe, known by the Namfe
or Sign df the White
Horfe>
in
Brighthelmjione^
in the County of Sujfex
aforefaid, on the Second Tuefday next after the paffing of this Aft, or as
fopn after as conveniently may be, and proceed to the Execution of this
Aft; and fhall then, and from Time to Time after, adjourn themfelves
to meet at fuch Time and at fuch Place or Places, in or near the faid
Road, as they fhall think proper; and that Two Truftees prefent at any
Meeting fhall be fufficient for the Purpdfe of adjourning; and that if at
any Meeting there fhall not appear a fufficient Number of Truftees to
aft or to adjourn to another Day; or in cafe the Truftees at any Time
affembled, fhall not adjourn themfelves, then, and in every fuch Cafe, the
Clerk to the faid Truftees fhall adjourn the Meeting to the Place where
the laft Meeting was appointed to have been held, or was held, as the
Cafe may be, and to fuch Time as he fhall think fit, not exceeding
Twenty-one Days, nor lefs than Ten Days, from the Time of the laft
Default; and fhall thereof give Notice by Writing, affixed on all the
Turnpikes then ereded by virtue of this Aft, at leaft feven Days before
the Day of fuch intended Meeting; aftd in cafe no Adjournment, Notice
or Appointment fhall be made or given as aforefaid, then it fhall be
lawful for any Five or more of the faid Truftees to caufe Notice in
Writing to be affixed on all the Turnpikes then erefted by virtue of this
Aft, appointing the Truftees to meet at fuch Time and at fuch Place, in
or near the faid Road, as they the faid Five Truftees fhall think proper,
not exceeding Three Weeks, nor lefs than Ten Days from the Time of
affixing fuch Notice; and the Truftees fhall at their feveral Meetings
pay their own Expences; and all Orders and Determinations of the
Truftees, in the Execution of this Aft, fhall be made at Meetings to be
held in purfuance
thereof,
and not otherwife (except in Cafes hereby
particularly provided for); and that no Order or Determination fhall be
valid, unlefs the major Part of the Truftees prefent at fuch Meeting fhall
concur therein; and that all fuch Truftees as are in the Commiffion of
the Peace, may aft as Jiiftices in the Execution of this Aft, notwithftand-
ing their being Truftees, except in fuch Cafes where they fhall be perfon-
ally interefted; and in all Cafes where the Truftees, or any Juftice or
Juftices
480
GEORGII III. Cap, loi. 1925
Juftices of the Peace, are authorized to examine any Perfon or Perfonson ;ng
}uftices
Oath, which Oath it fhall be lawful for fuch Truftees, or any Two or may aa as
more of them, or for fuch Juftice or Jiiftices to adminifter; and that no fuch-
Order, made by Five or more Truftees, jfhali be revoked* or altered at Mayadmi-
any Meeting, where lefs.than Nine Truftees fhall be prefeht, nor without n^erOaths.
the aftual Concurrence of a greater Number of Truftees than thofe who Orders
not
to
made fuch original Order, nor unlefs Fourteen Days' Notice at the leaft,
*>e
revoked,
of fuch intended Alteration* (hall have been given* at a previous Meeting ^ y
of the Truftees, and entered in the Books of Proceedings, and affixed on
all the Turnpikes, which, by virtue of this Aft, ftiall be then erefted-
Ten Days at leaft, before fuch Meeting.
VII.
Provided always, and be it further enafted, That if after any Meetingson
Adjournment of the faid Truftees it (hall at any Time bethought ne- Emergencies.
ceffary that an earlier Day of Meeting fhould be appointed, than the Day
to which fuch Meeting fhall have been adjourned, the Clerk, by an Order
in Writing, figned by Five or more Truftees, (although not afiembled at
a Meeting,) mentioning the Time, Place, and Purpofe of fuch Meeting,
ihairforthwith give Notice of fuch earlier Meeting in the Manner, laft:
hereinbefore direfted, fuch Time not being lefs than Seven Days after
fuch Notice; and all Proceedings of the Truftees at fuch Meetings fhall
be as valid as they would have been in cafe the Truftees had met in pur-
fuance of an Adjournment.
VIII. And be it further enafted, That all Orders and Proceedings of Orders, kc.
the Truftees fhall be entered in a Book or Books to be kept for that Pur- t0 be entered-
pofe,and fuch Orders and Proceedings, fo entered, fhallbe ftgned by the
Truftees making the fame, or by their Clerk, which Book or Bopks, and
alfo-the Book or Books hereinafter direfted to be kept for regiftering
Mortgages and Affignments, or Tranfcripts
thereof,
ftiall be admitted as
Evidence in all Courts whatfoever.
IX. And be it further enafted, That the faid Truftees, or
anyTive*
or officers
to be
more of them, fhall and may, from Tirtie
-to1
Time, by Writing under appointed.
their Hands, appoint One or more Clerk orClerkSj Treafurer or Trea-
furers,
Colleftor or Colleftors of the Tolls, and a Surveyor or Surveyors
of the faid Road, and fuch other Officers as they the faid Truftees fhall
think necefTary, and from Time to Time remove any fuch Officer or
Officers, and on the Death or Deaths, Removal or Removals, of fuch
Officer or Officers, may appoint others in their Stead; but Fourteen
Days'
Notice fhall be given in Manner laft aforefaid, of every Meting
where any fuch Appojntment fhall be made, after the Firft Meeting of
the faid Truftees
,
and the faid Truftees, or any Five or more of them,
fhall and roay^ and are hereby authorized and empowered, by and Out
of the Monies arifing by virtue of this Aft,.to pay fuch Salaries, and
make fuch Allowances to fuch Officers, and other Perfons-epoployed, for
their Services in or about the amending, altering, improving, and keep*-
in*
in repair the faid Road, or any Part
thereof,
or otherwife, in. putting
this Aft in Execution,'&s they the faid Truftees, or any Five or more of
them, fhall think reafonable.
X. And be it further enafted, That the faid Truftees, or any Five or Treafurer to
more of them, fhall, and they are hereby authorized and required to give Secu*
[Uc& Per*] 21 T take »ty.
1926
No Victual-
ler to hold a
Place of
Profit.
Officers to
account on
Oath*
48° GEORGII III. Cap. 101.
take fuch Security from the Treafurer or Treafurers, and Collectors and
Receivers of the/Tolls to be appointed for the Purpofos of this Aft, for
the due Execution of his or their Office or Offices, as to the'faid
Truf-
tees,
or any Five or more of them, fhall feem meet; and that no Perfon
fliall be capable of holding any Place of Profit under this Aft, who fliall
fell Wine, Cyder, Ale, Beer* or Spirituous Liquors, by Retail.
XI.
And be it further enafted, That all fuch Officers and all other
j?erfons who fhall be appointed under or by virtue of this Aft, fhall,
from Time to Time, when thereunto required by the faid Truftees, or
any Five or more of them, deliver to fuch Truftees, or to fuch Perfon tit
Perfons as they fhall refpeftively, for that Purpofe, appoint, a true and
perfeft Account in Writing, under their refpeftive Hands, of all Monies
which fhall have been by them refpeftively had, coined, or received by
virtue of this Aft, and how and to whom, and for what Purpofes the
fame, and every Part
thereof,
hath been difpofed of, together with pros-
per Vouchers and Receipts for fuch Payments, and fhall verify the Ac-
counts upon Oath, (which Oath any Two or more of the faid Truftees,
;or any Juftice of the Peace for the County where fuch Officer or Perfon
fhall reflde, are hereby empowered to admininer j) and fuch Officers and
Perfons fhall, and they are hereby refpeftively required, to. pay all fuch
Monies as upon the Balance of fuch Account or Accounts fhall appear td
be in his or their Hands, to fuch Perfon or Perfons as the. faid Trufteeg
fhall appoint to receive the fame; and if any of the faid Officers or Per-
fons fhall refufe or negleft to render and give fuch Accounts as aforefaid,
or to produce and deliver up the Vouchers and Receipts relating to the
fame, or to verify the Articles thereof on Oath, or to fay the Balance re-
imining in their Hands, ivhen thereunto required in Manner aforefaid.j
t)r if
any
fuch Officers or Perfons fliall refufe or negleft to deliver up to
the faid Truftees,. or to fuch Perfon or Perfons as they fhall appoint*
within Fourteen Days after being thereunto required by the faid
Truf-
tees,
all Books, Accounts, Papers, and Writings, in their refpeftive
Cuftody or Power, anyways relating to the Execution of this Aft, or to
the faid Road, and Complaint fhall be made of any fuch Negleft or
Refufal to any Juftice of the Peace for the County or Place where the
Officer or Officers, Perfon or Perfons fo neglefting Or refufing, fliall live
and refide, by any Five or more of the faid Truftees, or by any Perfon
or Perfons on their
Behalf,
fuch Juftice may, and is hereby authorized
and required, to fummon fuch Officer or Officers, Perfon or Perfons, to
appear before him, and in cafe of his or their not appearing upon fuch
Summons, the fame having been ferved upon him or them perfonally, or
left at his or their ufual Place or Places of Abode, (no reafonable Caufe or
Caufes being fhewn for fuch Non-appearance,) to iffue his Warrant orWar-
rants for his or their Apprehenfion
$
and upon his or their appearing upon
fuch Summons, or being apprehended and brought before him by fuch
Warrant, or having abfeonded, or not being to be found, it fhall be law-
ful for any fuch Juftice to hear and determine the Matter of fuch Corn~
plaint in a fummary Way, and if upon the Confefllon of the Officer
or Officers, Perfon or Perfons, againft whom any fuch Complaint (hall
be made, or by the Oath or Oaths of any credible Witnefs or WitnefTes,
it fhall appear to fuch Juftice that any of the Monies which (hall have
been fo eollefted or received fhall be in the Hands of fuch Officer or
Officers, Perfon.or Perfons, fuch Juftice may* and he is hereby authorized
and
48°GEORGII III. Cap. 101. 1927
and required, upon Non-payment
thereof,
by a Warrant or Warrants
under his Hand and Seal, to caufe fiich Money to be levied by Diftrejs
and Sale of the Goods and Chattels of fuch Officer or Officers^ Perfon
or Perfons refpe&ively -9 and if no Goods or Chattels fhall be found fuf-
ficient to anfwer and fatisfy the faid Money, and the Charges of levying
the fame; or if fuch Officer or Officers, Perfon or Perfons,- appearing
or being brought before fuch Juftice in the Manner aforefaid, (hall refufe
or negie£l to give and deliver to the faid Juftice an Account or Accounts
of the Receipts and Payments as aforefaid, or to: verify the Truth of
fuch Accounts, or of the Articles
thereof,
iupon Oath as aforefaid,, or. tri
produce and deliver up to the faid Juftice the feveral Vouchers and Re-
ceipts relating to fuch Accounts refpe£livelyJ or the Books," Accounts;
Papers, and Writings, in his or their Cuftody or .Power, relating to the
Execution of this Aft, or to the faid Road, then, and in either pf-the
Cafes aforefaid, the faid Juftice may, and he is hereby authorized land
required, by Warrant or Warrants under his Hand and Seal, to commie
fuch Officer or Officers, Perfon or Perfons, to the common Gaol 'ofjtbe
County where he or they fhall live and relide, or
to.
any
Houfe of Cor-
re&ion within the fame, there to remain without Bail or Mainprise until
he or they fhall have delivered in and fettled his or their Accounts;rand
have verified the fame on Oath, and fhall have delivered up the Vouchers
and Receipts relatihg thereto, and fhall have paid the Money which fhail
appear to be in his or their refpe&ive Hands, and the reafonabte Charges
of foch Diftrefs and Sale, as fhall in that refped have been made, or
until he or theiy fhall have compounded with the faid Truftees for the
fame, and paid the Compofiuon Money to the faid Truftees, or an^ Five
or more of them, or fuch Perfon or Perfons as they fhall appoint to re-
ceive the fame, (and which Oompofition the faid Truftees, or any Five or
more of them, are hereby empowered to make,) or until he or they fhall
deliver xxp fuch Books, Accounts, Papers, and Writings as aforefaid, or
have given Satisfadion in refped thereof to the faid Tnuftees, or any
Five or more of them
*
but no fuch Officer or other Perfon^ who (hall be
committed for Default of Diftrefs only, fhall be detained in Prifon for
any longer Space of Time than Six Calendar Months.
XII.
And be it further enaded, That when and as often as any Col- Truftees to
ledor or Receiver of the Tolls fhall riegled; or be incapable of perform-
aPP01nt
tim-
ing his Duty, or fhall abfcond or abfent
himfelf,
any Two or more of fe3
the faid Truftees, though not aflembled at a Meeting of the Truftees
appointed by virtue of this Aft, fhall and may lawfully difeharge fuch
Colledor or Receiver j and in fuch cafe, and alfo in cafe any Colledqror
Receiver fhall die, fuch Truftees as aforefaid, (hall and may nominate
and appoint a proper Perfon to 'be a Collector or Receiver of the Tolls,
to continue until the then next Meeting of the Truftees, which Perfon^
fo nominated and appointed, fhall have the like Power and Authority^
and be anfwerable and accountable in the fame Manner in all Refpeds, as
the Perfon who fhall fo die, or be discharged, would have had or been
fubjed to; and than if any CoHedor or Receiver of the faid Tolls, who
fhall be difcharged from his faidpffice by virtue of this Aft, or the Wife
or Widow, or any of the Children, Family, or other Reprefentacives of
any*
Collector or Receiver, who fhall die or be difcharged, or any other
Perfon (hall refufe to deliver up the PofTeffion 'of any Toll Houfe or
Building to be ereded or fet up by virtue of this Ad, for the Space of
Two
1928 48°GEORGII HI. Cap. 101.
Two Days after Demand thereof made, and Notice in Writing given
for that Purpofe by any Two or more of the faid Truftees, then, and in
any of the faid Cafes, it (hall be lawful for any Juftice or Juftices of the
Peace for the faid County of
Suffix*
by Warrant under his or their Hand
and Seal, or Hands and Seals, to order any Conftable or other Peae
Officer for the fame County, with fuch Aflfiftance as (hall be neceflary, to
enter fuch Houfe or Building in the Day Time, and to remove the Per-
fon or Perfons who fhall be found therein, together with his, her, or their
Goods, out of the fame, and to put the faid Truftees, or any Two of
them, or their nlw appointed Officer, into the Pofleflion
thereof.
Power to XIII. And be it further ena&ed, That the faid Truftees, or any Five
erect
Gates.
or more 0f them, (hall and may erect or fet up, and build, or caufe to be
erected, fet up, and built upon, in, or acrofs any Part or Parts of the
faid Road, or acrofs any Road or Lane, that doth, or {hall lead into, or
out of any Part or Parts of the faid Road, One or more Gate or Qates,
Turnpike or Turnpikes, Side Bar or Side Bars or Gates, and alfo One or
more Toll Houfe or Toll Houfes, with Outbuildings fuitable thereto,
and take in and indofe on the Sides of the faid Road, as many Garden
Spots as there (hail be Toll Houfes thereupon, fuitable and convenient
for each refpe&ive Toll Houfe or Toll Houfes, not exceeding One Rood
each; and pull down and remove the fame as they the faid Truftees, or
any Five or more of them, fhall think proper, and diredt or appoint
*
and
the Tolls following fhall be demanded and taken by fuch Perfon or Per-
fons,
as the faid Truftees, or any Five or more of them, (hall from Time
to Time appoint to receive the fame, before any Horfe, Mare, Gelding,
Mule, Afs, Beaft, or other Cattle, Coach, Waggon, Cart, or other Car-
riage whatfoever, be permitted to pafs through any Turnpike or Toll
Gate,
Side Bar, or Side Gate, to be erefted by virtue of thi§ Aft, upon,
or acrofs the faid Road, or upon, or acrofs any Lane or Way, leading
intotheTameKthatistofay)
For every Horfe, Mare, Gelding, Mule, or other Beaft, drawing any
Coach, Chariot, Landau, Berlin, Chaife, Calafh, Barouche, Curricle,
Phaeton, Taxed Cart, or other fuch Carriage, the Sum of Four-
pence Halfpenny:
For every Horfe, Mare, Gelding, Mule, or Pair of Oxen, Bullocks,
or other Neat Cattle, drawing in any Waggon, Cart, or other Car-
riage of the like Nature, with Wheels of lefs Breadth than Six
Inches, the Sum of Four-pence Halfpenny:
For every Horfe, Mare, Gelding, Mule, Afs or Pair of Oxen, Bul-
locks,
or other Neat Cattle, drawing in any other Carriage of the
like Nature, with Wheels of the Breadth of Six Inches or upwards,
the Sum of Three-pence :
For every Horfe, Mare, Gelding, Mule, or Afs, laden or unladen, and
not drawing, the Sum of One Penny Halfpenny :
For every Drove of Oxen, Cows, or Neat Cattle, the Sum of Tea-
pence per Score, and fo in Proportion for any greater or lefs
Number :
For every Drove of Calves, Pigs, Sheep, or Lambs, the Sum of Five-
pence per Score, and fo in Proportion for any greater or lefs
$ umber:
For
48°GEORGII III. Cap. ioi, 4929
For every Beaft of Draught employed in drawing any Carriage or Car- Carriages
riages laden with Timber, Plank, Boards, Wood, Bricks,* or Tiles,
|j^e
uWlth&
Gun or any other Iron, Hop-poles, Marl* Chalk
Marl,
or Chalk, Sandj at whatTima
Stone, Gravel, or Coals, paffing through any Gate or Gates, to pay Double
Turnpike or Turnpikes to be erefted by virtue of this AQt$ Tolls;
between the Twentieth Day of Qftober and the Firft Day of
April in every Year double the Tolls or Duties which the fame
would, otherwife hereby be liable to pay at each Gate or Turn-
pike through which fuch Carriage or Carriages fo laden fliall pafij
and at which they (hall be liable to pay Toll:
And for every Beaft of Draught employed in drawing any Carriage or
Hay or
Straw
Carriages laden with Hay or Straw for Sale paffing through any Gate for
Sa,e.»
at
or Gates, Turnpike or Turnpikes/to be erected by virtue of this *aatf
Aft* between the Twentieth Day of QSiober and the Firft Day of
April in every Year a Toll greater by One-half than the Tolls or
Duties which the fame would otherwife hereby be liable to pay at
each Gate or Turnpike through which fuch Carriage or Carriages
fo laden, (hall pafs, and at which they fhall be liable to pay Toll : Double Toll
And that Double the faid refpeftive Tolls fhall be demanded and-taken
onSunda?s*
on every
Sunday
during the Continuance of this Aft.
Which faid refpe&ive Tolls or Duties (hall bg demanded arid takeh in the fcnatty oft
Name of or as Toll, and fhall be and are hereby vetted in the laid Trufc 'f1^^
tees,
and fhall be applied as hereihafter is dire&ed ;^.and if any Perfon or
Perfons fubjeft to the Payment of any of
the
faid Tolls, fliall* after De-
mand thereof made* negleft or refufe to pay the fame, it fhall be lawful
for the Perfon or Perfons appointed to colleft fuch Tolls, by
himfelf,
hei*-
felf,
or themfelves, or taking fuch Affiftance as he, fhe, or they fhall
think neceflary, (and which Affiftance all Perfons are hereby required to
give if called upon,) to feize and diftrain any fuch Horfes or other Cattle
or Beafts* or the Bridles, Saddles, Gears, Harnefs, Accoutrements, or a
fufficient Part thereof
;
and if fuch Tolls, and the reafonable Charges of
fuch DiftrdSj fhall not be paid within, the Space of Five Days after fuch
Piftrefs made, the Perfon or Perfons fo diftraining fhall and may fell the
13orfe or Horfes, Cattle or other Things fo diftrained, or a fufficient
Part
thereof,
returning the Overplus, (if any be,) and what fhall remain:
unfold; upon Demand, to
the,
Owner
thereof,
after fuch Tolls and reafon-
able Charges for making fuch Diftrels and keeping and felling the fame
fhall be deducted and paid*
XIjV, Bfrivided alwaysyand it is hereby further ena&ed, That ho more
No
more
than Qne Toll fhall
be:
demanded or taken from any Perfon or Perfons 2ia!!9h*
fpj ofice paffing and repafling the fame Day, to be computed from Twelve ^ c^r e
pf
the-
CIpck in one Jtfight to Twelve of' the Clock in the fucceeding paffing
ami
fcJigktj with the fame-Rqrfes, Cattle, Beafts, or Carriages, through all repafflngthe
the faid Gr Turnpikes, to be^.re&ed on any of the faid Roads here* fato«0ay>
by dire&ed to be made and repaired between
Pyecbmbe
Church and Hick- p^olnbe
Jlead
PIMPI.
norfliaH any* more than; One Toll be taken ot demanded church and
from any^erfon or perfons for oncepaffing and repaffing^thtftme Day Hjckftead
with the fame Horfes> Cuttle, Beafts, and Carriages, through all the faid place*
Gat^.QrrTurnpikes to be ere£led between Hickftidd: Place and-
Staplefield
Commm bwt: that alliand every Perfon, and Perfons, havings paid fuch
refpe&ive Tolls, and, producing a Note or Ticket, or Notes or Tickets,
denatiPg the Payment
thereof,
(which the Collectors thereof are required
[Lot. fcf Per. J 21 Z So
*93°
WhatN
um-
ber of Tolls
to be taken.
Bui a flew
Toll to be
paid every
third Time.
Perfons not
liable to any
increased
Charge by
paffing
through any
Side Gates.
Not to put
Gate or Side-
Gates on the
Road, be-
tween Cud-
ler's Brook,
and Saver's
Common.
Difputes
concerning
ToHs to be
fettled By a
Juftice.
4.8*GEORGlI III.
Cap.IOI.
tp gwe gratis,) (hall once pafs and repafs the fame Day with the fame
Horfes, Cattle, Beafts, and Carriages Toll Free through all the Turn-
pikes or Toll Gates to be erefted on the faid Roads*between the respec-
tive Places aforefaid j but if any Perfon or Perfons fhall pafs through any
Gate or Turnpike between the refpeftive Places aforefaid a third Time
With the fame Horfes, Cattle, Beafts, or Carriages, then, and in that
Cafe,
fuch Perfon or Perfons fhall again be liable to pay the faid Toll,
and fo toties quotes for every third Time the faid Perfon fhall pafs the
fame Day through the fame Gate or Turnpike on the faid Roads between
the refpeftive Places aforefaid with fuch Horfes* Cattle, Beafts, or Car-
riages as aforefaid,
XV. Provided alfo, and be it further enafted, That no more than
Two Tolls in the whole /hall be demanded and taken from any Perfon
for once paffing and repaffing the fame Day, to be computed as aforefaid,
with the fame Horfes, Cattle, Beafts, and Carriages, through all the faid
Toll Gates or Turnpikes to be erefted by virtue of this Aft between
Pyicombe
Church and
Staplefield Common
aforefaid, but that all and every
Perfon and Perfons, having paid the faid Two Tolls in the whole, and
producing fuch Note or Ticket, Notes or Tickets, as aforefaid, fhall'once
pafs and repafs the fame Day with the fame Horfes, Cattle, Beafts, and
Carriages, Toll Free, through all the Turnpikes or Toll Gates to be
erefted on the faid Roads by this Aft; but if any Perfon or Perfons fhall
pafs through any Gate or Turnpike a third Time with the fame Horfes,
Cattle, Beafts, or Carriages, then, and in that Cafe, fuch Perfon or Per-
fons fhall again be liable to pay the faid Toll, and fo toties quoties for
every third Time the laid Perfon or Perfons fhall pafs the fame Day
through the fame Gate or Turnpike on the faid Roads with the
'
fame
Horfes^ Cattle* Beafts, or Carriages as aforefaid.
3tVl. Provided alfo, That no Perfon fhall be made liable to any
double or increafed Charge by reafon of his paffing through any Side
Gate or Side Bar to be erefted by virtue of this Aft upon or acrofs any.
Lane or Road leading into or out of any of the faid Roads to be repaired
by virtue of this Aft through* any other of the Turnpikes to be erefted by
virtue of this Aft acrofs fuch Roads, beyond what he would be liable to
pay if he had pafled through either of the faid Gates only, any Thing
herein contained to the contrary notwithftanding.
XVII. Provided alfo, That nothing in this Aft fhall extend, or be
conftrued to extend, to empower, or in any Manner authorize the faid
Truftecrs to ereft or fet up, or caufe to be erefted or fet up, any Turnpike
or Turnpikes upon, or acrofs, or.on the Side or Sides of the Road to be
made, widened, or improved by virtue of this Aft between a certain
IJrook called Cudler's Brook, in the Parifh of Alboume^ and a certain
Common called
Sayer's
Common,
in the Parilhof
Hurjlperpoint.
XVIII. Provided always, and be it further enafted, That if-any Dif-
pute fhall happen ajbout the Quantity of Tolls due, or the Charges of
keeping any Diftrefc, it fhall be lawful for the Colleftor, or Perfon
*dif-
training, to retain the fame, or the JMoney arifing by the Sal4e
thereof,
.as
the Caie may happen,
until"
the Quantity of the Tolls due, and Charges of
making fuch Diftrefs, and ©f keeping and felling the fame, fhall be aft
certained
48°GEORGII IIL Cap.ioi. 1931
Certained by fome Juftice of the Peace of the faid County of
SujfeX)
who*
upon Application made to him for that Purpofe, (hall examine the faid
Matter upon Oath of the Parties, or other Witnefs or Witneffes, and de-
termine the Quantity of the Tolls due, and alfo affefs the Charges of
fuch Diftrefs, keeping and Sale, and alio of the Colle£lor*s Attendance
for that IPurpofe, on the faid Juftice', all which Sums, fo determined or
aflefled, lhall be paid to the faid Collector or other Perfon, before he
fhali be obliged to return the Diftrefs, or the Overplus, after the Sale
thereof,
or of any Part
thereof*
XIX. And be it further enacted, That in cafe any Difpute, Suit, or Colleflorsof
Litigation, (hall arife touching, or in anywife relating to the faid Tolls* Tol,*tc5Pr
the Perfon or Perfons appointed to collect the fame, or any other Perfon neifes,
or Perfons aftihg by or under the Authority of the faid Truftees, fhali
not by reafon thereof be difqualitied from giving Evidence in any fuch
Difpute,' Suit, or Litigation.
XX* And in order to prevent the Mifbonduclof the Perfons employed Pumihing
as Colle&ors of the faid Tolls, be it further enadted, That every Perfort Ce&or?
employed to colled any of the Tolls hereby granted and made payable^
mifbehaVlnS^
fhali affix his Chtiftian and Surfiarhe on a Board, on fome conspicuous
Part of the Tolf Houfe, at which he fhali be appointed to colledt theTaid
Tolls,
on each and every Day that he lhall Cohtinue in fuch fcolle&ion*
tinder the Penalty of any Sum not exceeding Twenty Shillings for ever/
Negleft thereof j and if any fuch.Collector lhall wilfully mifbehave him-
felf in the Collection of the faid Tolls, to any Perfon or Perfons palling, of
claiming to pafs, through any of the Turnpikes to be erected by virtue of
this*
Act, and lhall be thereof convicted'on his own Gonfeffioh, or on the
Oath of One or more credible Witnefs or Witnefles, before One or more
of His Majefty's Juftlces of the Peace for the faid County of Suffix, \ii
fhali for every fuch'Offence forfeit and pay any Sum, not exceeding Five
Pounds
5
and in Default of Payment
thereof,
fhali be committed to the
Common Gaol, or Houfe of Correction, for any Time not exceeding One
Calendar Month.
XXL And be it further enacted, That the faid Truftees, or any Fiv6 Tolls
to be
or more of them, mayj and they are hereby authorized and empowered
divided,jef-
from Time to Time* as they lhall think proper, to leffen, vary, or alter fened, varied,
$U5 or any Part or Parts of fuch Tolls, at all, any,' or either of the faid or a tere *
Turnpikes, and to rajfe the fame again, fo as they do not exceed the
Tolls by this Aft granted; but no fuch Alteration, Variation, or Reduc-
tion (hall be made, unlefs Notice in Writing be given for that Purpofe,
by affixing the fame upon all the Turnpikes credted by virtue of this A&9
at leaft Ten Days before the Meeting for making fuch Reduction; and
fuch Tolls fo leflcned, varied, or altered, lhall be collected, recovered and
applied in the fame Manner as the Tolls hereby granted are directed to be
collefted: Provided always, That when the whole Money charged and
borrowed on the Credit of this A& (hall not have been paid off or dif-
charged, the Tolls hereby granted lhall not be leffened or reduced, with-*
out the Confent of the Perfon or Perfons entitled to Five-fixth Piarts of
the»Money remaining due upon the Credit of this Aft*
XXII- Pro.
1933
Exemption
from loll?,
Penalty oti
claiming
Exemptions
unlawfully.
To prevent
evading the
Tolls*
4$° GEORGII III. Cap. lot.
XXlL Provided always, and be it further enafted, That no Toll Chall
be demanded or taken for any Carriage, or any Horfe, Cattle, or Beaft,
employed in carrying or conveying, or going to carry or convey, or re-
turning from carrying or conveying, having been employed only in
tarrying or conveying on the. fame Day, Gravel, Stone, or other Mate*
rials
*
for repairing the faid Road, or any of the Roads in the T^o.wnfiiips
or Parifhes in which fuch Road doth lie, or Hay, Stravy, or Corn in the
Straw only, not fold or difpofed of, but paffing to be laid up or placed in
the Out-houfes or on the Lands of the Owners
thereof;
nor for any Im-
plements of Husbandry, or carrying any Manure, Fodder^ Mould, Dung
for Improvement of Land, or other Manure, (Chalk, Lime, Marl, and
Chalk Marl excepted); or returning empty from carrying the fame, nor
fhall any Tolls hereby granted be demanded or taken from any Perfon or
Perfons^ Kefiding in any Townfhip or Panto, in which the faid Road lies,
who (hall pafs through any Toll Gate or Turnpike, to or from their pro-
per Parochial Church, Chapel, or other Place of Religious Worfhip, to-
lerated by Law within the Parifh where they (hall refpeftively refide, on a
Smdyy* or any other Day on which Divine Worflnp is ordeied by Au-
thority to be celebrated, or who (hall attend the Fuijeral of any Penfqn
who ft all die and be buried in any of the faid Parilhes j or from any
Clergyman going to, or returning from vifijipg any Sick Perfon, or upon
othpr hi^ Parochial pr Minifterial Duty on a Sunday, or on any other
Day,
Ojst
which Divine Service is ordered by Authority to be celebrated j
qr for z$j: Horfes or Cattle going to or returning from Water or Pafiure,
or gqiag €o"be, or returning from being ffiqed; or for. any Horfe or Car-
riage of whatever Defcription> employed, or to be employed in conveying
the Mails of Letters and llxpreffes, under the Aufhpfky of His Majefty^
Poftmafter General! either when employed in conveying, fetching, or
guardingfuch Mail? orExprefles, or in returning back from conveying
the fame
i
Or for any HorjTes belonging to, or attending any Officers or
Soldiers upon their March? or upon Duty; or for ai^y Horfes, Cattle or
Carriages, employed in carrying or conveying the Arms or Baggage of
any fuch Officers or Soldiers, or
in.
carrying any fick, wounded,/or dif-
abled Officers or Soldiers; or for any Horfe, Mare, or Gelding furniffie4
by, or for any Perfon belonging to any Corps of Yeomanry, or Volunteer
Cavalry, and rode by them in,going, to, or returning from the Place ap»
pointed for, and on the Days, of Exercife: Proyided.that fuch Perfpn§ be
dreffed in the Uniform of their refpeftive Coups, and have their Afjms,
Furniture, and Accoutrements^ according to the Regulations provided
for fuch .Corps, refpe^iyely,, at the Time of qlaiming fuch. Exemption^s
aforefaidi or for any Cattle or Carriage employed in the Conveyance of
Vagrants fent
by,
legal Paffes, pr for any Horfes or Carriages ^arryipg or
conveying, any Perfonqr Perfons to,or from
any,
Ete&ion of aJKnight qjr
Knights of the Shire, to ferve in Parliament for the &jel County of
§UJ[ex>
on the Day or
Days,
of fuch Election, or on the Day before or Day after
fuch El?#tion lhaUi begin Or- be concluded$ and if apy Perfqi> fhVll claim
and take the Bene^fif o(any of .the Exemption?. by, thisiA£V granted, no?
being er^itled to the fapie^ eyxery fuch Perfo^lhall forfeit and pay for
every fuch Offence any
Sum*
not exceeding Five Pounds*
XX1IL And be it .further enafted^ That if an^. Perfon or Performs
fhall with any Horfe, Cattle, Beaft, or Carriage, pafr through tfr over any
Land* Ground, or Place, lying by the Side of, or near to any Part of the
faid
48*
GEORGII III. Cap. 101. 1933
faid Road, or if any Perfon of Perfons owning or occupying any fuch
Land, Ground, or Place, the fame not being a public Highway, fhall
knowingly permit or fuffer any Perfon or Perfons to pafs with any Horfe,
Cattle, Beaft, or Carriage, through or over the fame, whereby the Payment
of the faid Tolls, or any Part thereof (hall be avoided ; or if aqy Perfon oi*
Perfons fhall forge or counterfeit, or (hall give to, or receive from any
other Perfon or Perfons,
any"
Note or Ticket by this Aft direfled to be
given by the Collector of the Tolls
^
or take off, or caufe to be taken off, or taking off
any Horfe or other Beaft from any Carriage, or having paffed through any .*.rrpa£e*
any Turnpike, fhall afterwards add or put .any Horfe or other Beaft to mept 0f
any fuch Carriage, with an Intent to evade the Payment of the'.faid Tolls? TplU-
or if any Perfon or*Perfons fhall do any other A61 in order, or with In-
tent, to avoid the Payment
thereof,
or any Part
thereof,
every fuch Perfon
Iboffendifcg in any of the Cafes aforefaid (hall, for each 'Offence, forfeit
any Sum hot exceeding Five Pounds, one Moiety whereof fhall be paid to
the Informer; and the other Moiety fhajl be applied towards thePurpofes
of Ihis-Aa.'
XXIV\ And be it further enadted, That it fhall be lawful for the Truftees may
faid Truftees, or any Five or morfc of them, from Time to Time, t6 compound
Compound-and agree with 'any Perfon or Perfons for the paffirig of lariy
Carriage, Hoffes, (Beafts, or other Cattle, travellingJoh the faid Road, for
al"l-6r anyof the Tolls *ta be paid in refpeft
thereof,
for any. Term nqt
exceeding One Year at any One Time; which Compofltiort M6hey fhall
be paid in advance Quarterly, or ptherwife 3s the faiq fTrpftee^ ot $ny
Five or more of rthemy*{haU appoint; and; in default of .fuch P^yrtient, the
Compofition or Agreement with the Perfon or Perfohs rtiaking fuch
Defaujt fhall from thenceforth be void, and all iuchComp^fitjon Mctriejif
fhall lie applied in fuch Manner as the Tojls are hereby '(Jitedt&l to' b£
applied*
thiis 'Ad, and '^UVerrifing1the 4me in fofqe Newfpaper \ifualjyfqifculatec|
in the Nei^BbburHood of the faid Road, from Time tb Timei t>y: Writing;'
trader th^ir Hands and Sta:ls, to let or far.m the Tolls afifirtg by thiVActj
or any Part'thferetof, to-any:*Perfon or Perfons Wfjo fhall be willing,tb\tak$/
©r farm the fafoPfFbm Yeartd Year, or for
any
Vart of'the'T'erfn^ereby:
granted,not excfe^cling Three Years at any one letting, upon public''Bidding
to thehlgheft :Bidder,-kild-fortJhe beft Price fucji Truftees cai^get fpf {Jig;
latae*-
pkyabl^Qukrterly ;in-"advance; and i
ft
fac^;I^ariner, an'd unde'r^fuch
Covenants,'artd^kh fuchj Securitiesfbr; the Payment th?feo^ks'l4fhe faidC
l^rdftees, or*ahy Five or more of them ftiall think fit, which Mbrf?y f^
tb be paid; -ftiall
e
applied;1 andMifpofed of as tbeJTolls granted1 by^tliis*
A&are dlfefled- to Be applied and'cHfpofed of.
XXVI. And be it further enafted, That during fuch Times"as the faid Leflees or
Tolls,
or any Part p.r Parts
thereof,
ftiall be leafed, denpf^d,. or ia farm, Perfons ap-
tb iriy Perfon
foAheLeflee
-, »
fon Or Perfons,* asThe or they ftiall by Writing qr Writings under, ftis,, Tolls.
Her-or their Hand or Handfc, authorize or appoint to demandkhd take
[Loc. t? Per.
J
22 A the-
Part p.r Parts
thereof,
ftiall be leafed, denoted,.or m farm, Perfons atr-
or Perfons whortifoever; it ftiall and tfiay belawfyl to and P0,nt^y
orvEeffrts, 'Farmer
oY
Farmers thfereo^ or fucft other Per* coii'^uh^
1934
Turnpikes
to be * veiled
in Truftees.
For (hutting
up certain
Lanes.
For borrow-
ing Mpcey,
48°GEORGII III. Cap.toi.
the faid Tolls, fo leafed, demifed, or farmed, with the like Powers46r the
Recovery
thereof,
to all Intents and Purpofes whatfoever, as any Col-
lector of the faid Tolls appointed by the faid Truftees, is hereby autho
rized and empowered to demand, take, and recover the fame; and fuch
Leflee or Leflees, Farmer or Farmers, or other Perfon or Perfons, as
aforefaid, (hall be fubjeft to the like Pains, Penalties, and Forfeitures,
and (hall be liable to the like Aftionsand Profecutions as any Col-
lector of the faid Tolls appointed by the faid Truftees, is fubjeft or
liable to.
XXVIL And be it further enafted, That the Right and Property
of all the Turnpike Gates, Bars, Rails and Fences, Toll Houfes and
Buildings, which (hall be erefted by virtue of this Ad, with their Appur-
tenances, and of the Materials for building or repairing the fame, and
for completing and repairing the faid Road, and all fuch Materials made
ufe of for the Purpofes of this Aft, or,collected to be made ufe of, (hall
be,
and they are hereby vefted in the faid Truftees; and they, or any
Five or more of them, are hereby authorized and empowered to difpofe of
the fame as they (hall think proper, and to bring, or caufe to
fc>e
brought,
any Aftion or Aftions in the Name of their Clerk, for the Time being*
or to prefer, or caufe to be preferred, any Bill or Bills oflndi&ment
againft any Perfon or, Perfons who (hall deal, take away, break, or
damage the fame, or any Part or Parts
thereof,
or difturb them or their
Agents or Servants, in the Pofleflion
thereof.
XXVIII. And be it further enafted, That if (hall and may be lawful
to and for the faid Truftees, or any Five or more of them, to (hut up,
or caufe to be (hut up, a certain Wapple Road, Bridle Road or .Lane,
leading out of the Road to be made by virtue of
this
Ad, on the Eaft Side
thereof,
and leading through certain Lands, in the Parifti of Hurftper-
point aforefaid, called Little Studies, to a certain Lane, called Cobb's
Mill Lanes in the fame Parifti j and alfo a certain Wapple Roajl, Bridle
Road or Lane, leading from Bolney Street, in the Parifti of Bolney,
through certain Lands, called
Gafton's
Lands, into the Road to be made
by virtue of this Aft, at or near Rice
BHdge,
in the Parifti of
Bolney^
afore-
faid ; and alfo a certain Lane leading from
Hick/lead Crofs
to Hickftead
Place; and alfo a certain Foot Road leading from Hickftead
Place
afore-
faid, through certain Lands, called Berry Lands, in the Parifti of Hurjl*
perpoint aforefaid, into the faid Road to be made by virtue of this Aft,
by erefting, or caufmg to be erefted, any Gate or Gates, Mound or
Mounds, Rail or Rails, Fence or Fences, at the Ends leading out of the
faid Turnpike Road ; and if any Perfon or Perfons (hall deftroy or da-
mage any fuch Mounds, Gates, Rails, or Fences, or any other Mounds,
Gates,
Rails, or Fences fet up by the faid Truftees, by the Authority of
this Aft, every fuch Perfon (hall, for every fuch Offence, forfeit and pay
any Sum not exceeding Five Pounds, together with all Charges and Ex-
pences attending the repairing or reftoring of fuch Gate or Gates, Mound
or Mounds, Rail or Rails, Fence or Fences.
XXIX. And be it further enafted, That it (hall be lawful for the
faid Truftees, or any Five or more of them, to borrow and take up at
Intereft, upon the Credit of the Tolls, payable by virtue of this Aft,
fuch Sum or Sums of Money as they (hall think proper, and to mortgage
and
48*GEORGII III, Cap. 101. 1935
and affign the faid Tolls, or any Part or Parts
thereof,
and any of tlifc-
Turnpikes and Toil Houfes for collefting the fame,', (the Cofts and
Charges of fuch Mortgages to be paid out of fuch Tolls,) to any Per-
fon or Perfons, his, her, or their Heirs, Executor?, Adminiftrators, or
Affigns, who (hall advance or lend their Monies thereon, for any Time
or Term during the Continuance of this Aft, as a Security or Securities
for the feveral Sums of Monev that (hall be fo borrowed, and the Intereft
thereof as aforefaid, by the following Words, under their Hands, or by
any other Words to the like EfFeft: {videlicet)
* TJ Y virtue of an Aft made in the Forty-eighth Year of the Reign 6( Form of Af-
His Majefty King
George
theThird, intituled [here fet forth the
fifinmen*-
* Title of this A3] we Five of the Truftees for the laid Road, in con-
* fideration of the Sum of to the Treafurer
* of the faid Road, in Hand paid, do grant, bargain, fell, and demife
unto A. 2?., his Executors, Adminiftrators, and Affigns, fuch Propor-
* tion of the Tolls arifing from the faid Road, and of the Turnpikes arid
Toll Houfes for collefting the fame, as the faid Sum of
f doth or (hall bear to the whole Sum due and owing on the
* Credit
thereof,
or charged upon the Term of the faid Aft, to be had
* and holden from this Day of in the Year
c of our Lord > for and during
the Continuance of the faid Aft, unlefs the faid Sum of
* , with Intereft at the Rate of per
Centum
per
Annum, (hall be fooner paid and fatisfied/
And that Copies of all fuch Mortgages and Alignments (hall be entered
in a Book or Books to be kept for that Purpofe, by the Clerk or Clerks
to the Jaid Truftees
$
but no Money fhali be borrowed on the Credit of
the Tolls, after the firft Meeting of the faid Truftees* unkfs Notice be
for that Purpofe affixed in Writing, upon all theTurnpikes, then erefted
by virtue of this Aft, at leaft Twenty-one Days before the borrowing
thereof,
and the Intention thereof be alfo adverrifed, twice' at leaft, iri
fome Newfpaper ufually circulated in the Neighbourhood of the faid
Road j and all and every Perfon an.d Perfons to. whom any fuch Mort-
gage or Affignment (hall be made as aforefaid, or who (hall be entitled to
the fame, is and,are hereby empowered, from* Time to Time, to affign
over or transfer fuch Security or Securities, or ,any Share
thereof,
and all
or any Part of the Monies due thereon, to any Perfon or Perfons whom-
foever, by jfigning an Inftrument to be annexed to fuch Security, or by
an Indorsement on the fame, in the following Words, or Words to the
like Effeft: (videlicet)
* T A. B. do hereby transfer the within Mortgage, [if by Indotfement, Form'of
* A or if by ajeparate
Inftrument>
a, certain Mortgage,] bearing Date Transfer
the Day of of the Tolls arifing on the Road, to
* be amended and kept in Repair, by virtue of an Act made in the
* Forty-eighth Year of the Reign of King George the Third, intituled
c [here infert the Title of this A3,) and all my Right and Title to the
« principal Money and Intereft thereby fecured unto C IX, his Execu-
c tors, Adminiftrators, and Affigns. Dated this Day of
Ai BJ
All
ig$6 4S°GE0RGII HI. Cap. iox*
All which Transfers fball be produced or notified to the Clerk or Cferks
to the faid Truftees, within Twenty-one Days after the Date
thereof,
who
fhail caufe.an Entry or Memorial to be made
thereof,
in the before men-
tioned Book or Books, fpecifyin,g the Dates and Names, Additions* and
Places of Abode of the feveral Parties, and the Sunn or Sums of Money
therein transferred; for which the faid Clerk or Clerks fliall be paid the
Sum of Five Shillings and no mon% by the Perfon or Perfons to whom
fuch refpeftive Transfers fliall be made, which faid Book or Books (hall
and may be infpefted ac all reafonable Times, by any.Perfon or Perform
whomfoever, and the Sum of Two Shillings and no more fhail be paid to
fuch'Clerk of Clerks,1 for" every fuch Infpbftion
$
and after" fuch Entry
macje, but not till then, every fuch Transfer ihall entitle fuch Affignee,
his,,
"her,"
and their Executors, Adminiftrators, and Afligns* to the Benefit
.thereof,
and Payment thereon, and fuch Afllgnee may, in like Manner,
affign again, and
fo*
toties quoties, and* it fliall not be in the Power of any
Perfon who fliall have made any fuch Transfer, to make void, releafe, or
difcharge the original Mortgage or Aflignmeqt, or any Monies due
thereon.
AW
Greaitors XXX:, And be it further enafted, That no Preference fliall be given to
to
be
deemed any
perfon
or Perfons, advancing any Sum or Sums of Money upon the
gree.
^ *~ Credit of this Aft, his, her, or their Afllgnee or Afligns, in refpeft to
the Priority of the Mortgage, or Afligncnent, or of advancing fuch Sum
or Sums of Money ; but that all Perfons to whom any fuch Mortgages br
Afligments fhail be made as'aforefaid,-his, hen, and their Afllgnee an'd
Afligns, fliall be (in proportion to the Sum or Sums therein mentioned)
Creditors on this-Aft,
and"
in equal Decree one wlt-h another.
For paying XXXI. Provided always, and be it further enacted, That in cafe the
Creditors by faid Trqfteesihall,,at any Time or Times, be deflrbus of paying oifFany
Lot*
PortjoR.of;
the principaLMohies dote and!owing upon the Credit of the
faid Road> it fliall and may be lawful* fo£ ihem, or* any Five or more of
them, at any-Meeting to be holden'as afb^faidy (Notice offuch intended
Meeting, and of the:Pikpofe therebf/being firft given* at lead Ten Days
preceding \hc fame,- by Advertifement irt feme Newfpap'ef, printed in or
ufqally circulated within-the faid County 'of'SiSfiHif^f they (half think
fit, inftead of paying the feme rate&bly' amdngtt ill1 the Creditors, to de:
termioe by Lot toi&hich of fuch Creditbrs the whofeV br any Portion
thereof,
fhail be Ja.paiS, and to.pay"the feme to fuch (jrfeditbr or Cre-
ditors only, any Thing hemft ebtitairied 'to1''the edritrafy hoiwili«
ftapdipg;
for Payment XXXII. And be it further enafted, That out of ,the firft Monies th^l
of
the
Ex*
fhaltbf raifed by: virtue of this 'A&,» the
laid.
T^lfees; )br
rfnV
Five or
peaces pr, more of .them, fliall pay-and difehirge all the-CbT^^
paffing this ppaCesrelative to'the procuring and paffing this Aft, in preference to any
other Payment whatfoever, and after Payment
thereof,J
all fuch Money
Further Ap- 5vbich fliall come to *thaHands of the faid TrufteeJ by Virtue of tlfiis Aft
plication of
01311
be frtfml Time tclilHme applied
in:
the Executloii of this Aft; afcd to
Money. another tffe Or Purpofe frhatfoever*
XXXIIT, And
48° GEORGII III. Cap. ior. 1937
XXXIIl. And be it further ena&ed, That it fhall be lawful for the Forgetting
Surveyor or Surveyors of the faid Road, and all fuch Perfons as he or
Mat5ria*3^
they fhall appoint, to fearch for, dig, gather, get, and take away any R^ l c
Stones, Gravel, Chalk, Furze, Heath, Sand, or .other Materials .for
amending, altering, improving, or repairing the faid Road, out of any
Wafte or Common, or out of any River or Brook in any Parifh, Ham-
let, Townfhip or Place in, adjoining to, or lying near the faid Road, or
in any neighbouring Parilh, Hamlet, Townfhip, or Place, without paying
any Thing for the fame, they the faid Surveyor or Surveyors, or other
Perfon or Perfons, filling up the Pits or Quarries, levelling the Ground,
or doping down the Banks where fuch Materials fhall be taken, or railing
or fencing off fuch Fits or Quarries, fo that the fame may not be dan*-
gerous to PafTengers or Cattle; and if a fufficient Quantity of fuch Ma-
terials cannot be had or found in or upon any fuch Wafte or Common,
River or Brook, then, and in fuch Cafe the Surveyor or Surveyors, or
other Perfons as aforefaid, may, by Order of any Juftice or Juftices of
the Peace for the faid County of
SuJJex,
to be made upon the Application
of the faid Truftees, or any Five or more of them, fearch for, dig, gather,
get, and take away any fuch Materials in and out of the Lands, Fields, Private
or Grounds of any Perfon or Perfons where the fame may1 be had or Ground-
found, (fuch Lands, Fields, or Grounds not being a Garden, Orchard,
Yard, Park, Paddock, Walk or Walks, or Avenue to a Houfe or any
Piece of Ground planted and let apart as a Nurfery for Trees,) making
or tendering fuch Satisfaction for the Damages done to the Owners and
Occupiers of any fuch Lands, Fields, or Grounds where and from whence
the fame fhall be dug, gathered, and carried away, or over which the
fame, or any other Materials for amending, altering, improving, or re-
pairing the faid Road fhall be carried, as fhall be agreed upon between
them and fuch Owner or Occupier j or in cafe of their not agreeing, then
$s any Two or more Juftices of the Peace afting in and for the faid County
of
SuJ/ex
fhall and may adjudge and determine to be reafonable j which
Judgment or Order of the faid Juftices therein fhall be final and conclu?-
five to all Parties.
XXXIV. Provided neverthelefs, and be it further enafted, That it Notice to be
fhall not be lawful for any Surveyor, or any Perfon or Perfons afting given before
under the Authority of this.-Aft, to dig, gather, get, take, or carry Materials
away any Materials for repairing fuch Road out of or from any inclofed
L$nd or Ground, until Notice in Writing, figned by the Surveyor, fliall
have been given to the Occupier of the Premifes from which fuch Ma-
terials are intended to be taken, or left at the Houfe or laft or u'fual Place
of Abode of fuch Occupier, to appear before the faid Truftees, or any
Five or more of them, or any Two or mote Juftices of the Peace afting
in and for the County wherein fuch Premifes fhall lie, to fhew Caufe why
fuch Materials fhall not be had from fuch Lands or Grounds j and in
cafe fuch Occupier, or his Agent, fhall attend purfuant to fuch Notice,
but fhall not fhew fufficient Caufe to the contrary, the faid Truftg.es, or
fuch Juftices fhall, if they think proper, authorize fuch Surveyor? or
other Perfons to dig, gather, get; take, and carry away fuch Materials*
at fuch Time or Times as to fuch'Truftees, or to fuch Juftices fhall
feem proper j and if fuch Occupier or his Agent fhall neglect or refufe to
appear by himfelf or Agent, the faid Truftees, or fuch Juftices fhall and
may make fuch Order therein as they fhall think fit, as folly and
[Loc. & Per.] 22 B effe&ually
T938
48°GEORGII III. Cap.ici.
effe&ually to all Intents and Purpofes as if fuch Occupier or his Agent
had attended,
Penalty on XXXV, And be it further enafted. That if any Perfon whofbever
taking away |^aj{ take away any Materials which have been dusr, gathered, or got, in
any Lands, Fields, Grounds, Waftes or Commons,'Rivers or Brooks,
for the Purpofes of this
A
A,
or (hall get or take away any Materials out
of any Pit or Quarry which fliall have been made for the Purpofe of
getting Materials for the faid Road, before the laid Surveyors or their
Workmen fhall have difcontinued working therein, for the Space of
Fourteen Days, (except the Owner or Occupier of any private Ground,
and Perfons authorized by fuch Owner or Occupier .to get the Materials
therein, for his own private Ufe only, and not for Sale,) every Perfon fo
offending fhall forfeit, for every fuch Offence, any Sum not exceeding
Forty Shillings.
Forremov- XXXVI. And be it further ena&ed, That it fhall be lawful for ihe
*ng Annoy- Surveyor or Surveyors, and fuch Perfons as he or they fhall appoint, by
~* Direction, and under the Hands of any Three or more of the faid Trus-
tees,
from Time to Time, to remove all Annoyances made on any Part
of the faid Road by Timber, Stones, Carriages, Saw Pits, Hovels, Filth,
Dung, Alhes, Rubbifh, Straw, or otherwife, and dtfpofe of the fame for
Benefit of the faid Road ; and to turn any Watercourfes, Sinks, or Drains
running along into., or out of the faid Road, to the Prejudice thereof
5
and
to open, fcour, cleanfe, widen, and make deeper any Watercourfes or
Ditches adjoining or near thereto, and make the fame as deep and large
as he or they fhall think neceffary, and to cut down, lop or top any Trees,
Branches, Shrubs, or Bufhes growing in the faid Road, or in the Hedges
or Banks adjacent thereto,* (except Trees planted for Ornament or Shel-
ter to the Houfe, Building, Garden, or Court Yard of the Owner theret
of) ; and to cut and reduce all fuch Hedges to the Height of Four Feet,
in cafe the Perfons occafioning fuch Annoyances ftial! negleft to remove
the fame, within the Space of Fourteen Days, or the Owners or Occu-
piers of the Lands fhall negleft to open, fcour, cleanfe, widen, or
deepen fuch Watercourfes or Ditches* or to lop or top snd remove fuch
Boughs, Bufhes, or Lops, or reduce fuch Hedges in fuch Manner as the
faid Surveyor or Surveyors fhall require for the Space of Fourteen Days,
or to cut down fuch Trees within the Space of Six Calendar Months nexc,
*after Notice in Writing given for thole refpe&ive Purpofes, under ||e
Hand of fuch Surveyor or Surveyors, or fo near thereto as the proper
Seafon will allow for fuch reducing of Hedges, or cutting down, topping
or lopping of Trees, (the Charges whereof to be fettled by any Juftice
or Juftices of the Peace, for the faid County of Suffix)* fhall be reim-
buffed to fuch Surveyor or Surveyors by fuch Owners or Occupiers, and
fhall be recovered in fuch Manner as Penalties and Forfeitures are herein-
after directed to be recovered; and if after the Removal of any of the
faid Annoyances, any Perfon fhall again offend in the like Manner, every
fuch Perfon fhall, for every fuch fubfequent Offence, forfeit any Sum
not exceeding Forty Shillings, over and above the Penalty and Charges
before mentioned.
Againftdraw- XXXVIL And be it further enaded, That if any Perfon or Perfons
ttfelt mr? fliali
draw>or
caufc
*to
be drawn>
un
anyPart ofthe faid Road anyTree or
4$° GEORGII III. Cap. iox, 1939
or Piece of Timber, or any Scone, otherwife than upon Wheel Carriages, Wheel Car-
or fhall fuffer any Part of any Tree, or Piece of Timber, or Stone., riages.
which (hall be conveyed upon any Wheel Carriage^ to drag or trail upon
any Part of theTaid Road, to the Prejudice
thereof,
every fuch Perfon
fhall, for every fuch Offence, forfeit and pay any Sum not exceeding
Forty Shillings,
XXXVIII. And be it further enafted, That no Dung, Aflies, Com-
Dung,
&c.
poft, Manure, or other Thing, (hall be unloaded or laid down from any not
to be
laid
Carriage, upon any open or Common Land lying within One hundred on the Sides
Yards of any of the Turnpike Gates or Bars erected by virtue of this ° lheRoad^
Aft, or, upon the Sides of the fold Road, within Thirty Feet of the
^Centre of fuch Road, upon Pain that the Owner or Owners of every
Carriage fo employed, or the Driver or Drivers
thereof,
fhall forfeit for
each and every Offence any Sum not exceeding Five Pounds; One Moiety
whereof fhall be paid to the Informer, and the other Moiety (hall be ap-
plied towards the Purpofes of this Aft.
XXXIX. And be it further .enacted, That it fhall be lawful for the To make
faid Surveyor, or fuch Perfon or Perfons as he or they (hall appoint or Caufeways,
employ, (fuch Surveyor or Surveyors having an Order for that Purpbfe &c- and build
from the faid Truftees, or any Five or more of them,) to make, or caufe Bt'Jgta^
to be made, Caufeways, and alfo covered or opened Drains arid Ditches
in and upon, or on the Sides of the faid Road, and alfo through any
Grounds or Fields lying contiguous thereto j and to fcour fuch Ditches
and Drains fo as effeftually to carry off the Water from any Part of .the
faid Road; and alfo to make, or caufe to be made, a Road through the
Grounds or Fields adjoining or lying near to any hollow Way, narrow or
ruinous Part of.the faid Road, (fuch Ground refpeftively not being the
Ground whereon any Houfe or other Building (lands, or a Garden, Or-
chard, Yard, Park, Paddock, or planted Walk, or Avenue to any
Houfe,, or any inclofed Ground planted and fee apart as a Nurfery for*
Trees,) to be made Ufe of as a Public Highway, whilft the old Road is
repairing or widening, and until fuch Time as it fhall be convenient for
Pafiengers and Carriages to pafs along the fame; making fuch Uecom-
pence to the Owners and Occupiers of the private Grounds refpeftively
for the Damages they (hall or may thereby fuftain as the Parties fhall
agree upon, or if they fhall not agree then,- as fhall be adjudged reafon-
a|}e by any Two or more Juftices of the Peace for the faid County of
Suffix
1
but that no Satisfaction fhall be made for doing or performing
any of the Works aforefaid, upon or through any Common or Wafte
Ground, and alfo by Order of any Five or more of the faid Truftees, to
build and ereft any Bridge or Bridges, Arch or Arches, upon any Hart or
Parts of the faid Road, and acrofs any River, Stream, Brook, Water,
Ditch, or Drain therein, or contiguous thereto; and alfo to repair and
keep in Repair any Bridge or Bridges, Arch or Arches, nowerefted and
built, or to be hereafter erefted and built, upon any Part or Parts of the
faid Road, and acrofs any River, Stream, Brook, Water, Ditch, or
Drain therein or contiguous thereto; Notice of fuch Intentionsto build,
ereft, or repair any Bridge being rirft given by affixing the fame on all
the Turnpike Gates that (hall then be erefted by virtue of this Aft, at
leaft Twenty-one Days before any Meeting, at which fuch Order to
build, ereft, or repair any Bridge fhall be made: Provided that nothing
in this Aft contained (hall extend to authorize the faid Truftees
to,
lay out
any
1940 4B°GE0RGII III. Cap.iou
any of the Monies to be raifed by virtue of this A& in the paving or re-
pairing of any Caufeways or Pavements in any Town or Street through
which any Part of the faid Road by this AA dire&ed to be improved
and repaired fhall pafs, but that the fame (hall be wholly paved and
repaired by fuch Perfons, and in fuch Manner, as they were before the
paffing of thish
ForpunHhing XL. And be it further enadted, That if any Perfon or Perfons (hall
bft0lft?at
jnterruPt
or hinder, or caufe to be interrupted or hindered, any Turnpike
veyors in^" Surveyor, or any other Perfon or Perfons by him, or by the faid
Truf-
theirDuty. tees, or any Five or more of them, employed in the cutting, digging,
gathering, getting, or carrying away of any Sand, Gravel, Chalk, Flints,
Stones, or other Materials, or in amending, widening, turning,.altering*
improving, or repairing the faid Road, or topping, lopping, or cutting
any Tree, Top, Lop, or Overhanging?, or in digging, clcanfing, or
fcouring any new or other Ditch, Drain, or Watercourfe as aforefaid,
or in doing any other Ad in or for the Execution of this Aft, by virtue
of the Powers by this Aft given, or any of them, every fuch Perfon
fhall, for every fuch Offence, forfeit any Sura not exceeding Five
Pounds.
Truftees may XLI. And be it further enafted, That the faid Truftees, or any Five
contraa for or more of them, fhall and may, and they are hereby empowered, from
Lands3tobe Time to Time, as they fhall think proper, to widen or divert, turn,
taken into fhorten, vary, or alter the Courfe or Path of any Part or Parts of the
the Road. faid Road, and that any Variation of Road may be made through any
Common or Wafte Ground, without making any Satisfaction for the
fame, and through any private Grounds, or other Hereditaments, making
Satisfadion to the Owners
thereof,
and Perfons interested therein, for the
Damage they may thereby fuftain; and that it fhall be lawful for the
faid Truftees, or any Five or more of them, from Time to Time, to con-
trad and agree with the Owners of, and Perfons interefted in, any Lands,
Grounds, or Hereditaments, for the Purchafe
thereof,
or for the Lofs or
Damage fuch Owners or Perfons may fuftain by widening, diverting,
turning, ihortening, varying, or altering the Courfe or Path of any Pare
or Parts of the faid Road, through fuch Lands, Grounds, or Heredita-
Incapacitated ments; and that it fhall be lawful for all Bodies Politic or Corporate,
Perfona
may
Ecclefiaftical or Civil, Corporations Aggregate or Sole, Guardians, Feok-
treat.
fe^Sj
Truftees, and Committees, Executors or Administrators, not (fffly
for and on Behalf of themfelves, their Heirs and Succeffors, but alfo for
and on Behalf of their Infants, Wards, Ceftuique Trufts, Lunatics, or Per-
fons of unfound Memory and Underftanding, and to and for all Femes
Covert, who are or fhall be feiled or interefted in their own Right, and
to and for all and every Perfon and Perfons whomfoever, who are or fhall
be feifed or poflefled of, or interefted in any fuch Lands, Grounds, or
Hereditaments, to contraft with the faid Truftees, or any Five or more
of them, for tl\e Satisfaction to be made for fuch Damages as afore-
faid, or to fell and convey unto them, or any Five or more of
them, all or any of fuch Lands, Grounds, or Hereditaments, or any
Part
thereof,
for any of the Pyrpofes aforefaid j and all Contracts, Sales,
and Conveyances, which fhall be fo made, fhall be valid to all Intents and
Pufpofes, any Law, Statute, Ufage, or other Matter whatfoever, to the
contrary notwithftandingj and all fuch Bodies Politic, Corporate, Ec-
defiaftical or Civil, Corporations Aggregate or Sole, Guardians, Feoffeest
Truftees,
48°GEORGII III. Cap.101.
194.1:
Truflees, Committees, and all other Perfons,- (hall be and are hereby in-
demnified for what they (hall do bv virtue of this Ah
XLII. And whereas a Map or Plan defcribing the Line of the faid For reftrain-
Road, aqd the Lands through which the fame leads, together with a Book
tin8t°e
lrur
of Reference containing a Lift of the Names of the Owners and Occupiers
^^1^
offuch Lands, have been depofited at the Office of the Clerk of the yond certain
Peace for the County of
$uffex>
be it therefore enadted, That the faid' Diftsnces of
Map or Plan and Book of Reference fhall remain in the Cuftody of the trhe.1L\n? de"
Clerk of the Peace for the faid County, to the end that all Perfons may,
plan
&c
at all feafonable Times, have liberty to infped and perufe the fame, and
to take Copies or Extracts thereof at their Will and Pleafure,,paying the
Clerk of the Peace the Sum of Five Shillings for every fuch Infpeftion,
and at the Rate of Sixpence for every One Hundred Words of fuch
Copies or Extracts of the faid Map or Plan and Book of Reference;
and that the faid Truftees in making the faid Road (hall not deviate more
than One Hundred Yards, of Three Feet each, from the Line defcribed
in the faid Map or Plan, without the Confent and Approbation in Writ-
ing of the Perfon or Perfons, Body Politic, Corporate, or Collegiate*
through whofe Lands or Grounds fuch Deviation fhall be made,
XLIIT. Provided alfo, and be it further enaded, That'it fhall and. Truftees may
may be lawful to and for the faid Truftees to make the faid new Piece of make Road
Road into, through,, acrofs, or over the feveral Lands or Grounds of any *ijrougk
Perfon. or Perlons who is or are, or may be Owner or Owners of Land akhTugh'the
over which the fame is fet out,and defcribed as aforefaid, although, the Owners'
Name or Names of fuch Perfon or Perfons may happen to be omitted in Names are
the faid Book of Reference, \in cafe it fhall appear to any Two or more
g0t0{Vf\
_
Juftices of the Peace for the faid County, and be certified by Writing ference.
under their Hands, that fuch Error or Omiffion proceeded from
Miftake.
XLIV.;At)d be*it further enadted, /That if any fuch Bodies^ or other Wherever-
Perfon,or Perfons as aforefaid, interefted in any fuch Lands or Heredita- fons "g^
p[ients, upon Notice-.to him,, her, or them, given or left Jn Writing at
the DWelling-houfe or Houfes, or other Place or Places of Abode offuch
Ptrfon or Perfons, ,or of the principal Officer or Officers of any fuch Bodies
Politic, Corporate, Ecclefiaftical or Civil, or at the Houfe of the Tenant
in Poffcffion. of the Lands, Grounds, or Hereditaments, through which
any Part.of fuch Road is; to be widened, diverted, turned, or altered,
fhall, for
the.
Space of Ten Days next after fuch Notice given or left,
negte&iorrefojfe to,treat, or fhall not agree in the Premifes; or by reafon
of Abfen^c
QC
Qtherwife ftull be prevented from treating, then, and in
every or axayfach Cafe, the faid Truftees, or any Five or more of them,
|h#llcajjfe/fu.ch,D4mag.e ^nd Reeompence to be enquired into and afcer- Damage and
tained by a Jury of indifferent Men of the County wherein the.Premifes. Reeompence
lie;
and in order thereto the faid Truftees, or any Five or more of them, f° be feuJed
fhall andy iffue their Warrant or Warrants
to:
the
Sheriff"
of the Cdun- y a
ty of
SuJJex,
requiring- him to impannel, fummon, and return Twenty-
four Perfons qualified^ to ferve on Juries, to appear before the faid
Truftees at fuch Time and Place as in fuch Warrant fhall be appointed*
and fpeeified^and alfo in and by fuch Warrant to direft fuch View, of
the Premiles to be had and taken by the Perfons fo to be impanrielled*. as
£/>r.
£s?
Per.]
2 a
C they»
or refufe to
treat.
S942 4-8°GEORGI! III. Cap.tot.
they, the faid Truftees, (hall judge neceffary for their better Information
concerning the fame, and alfo by a like Warrant to require the Attend-
ance of any Witnefs before the faid Jury
5
and fuch
Sheriff,
or his Deputy
or Deputies, is and are hereby required to impanne], fummon, and return
fuch Number of Perfons accordingly, and out of the Perfons fo fum-
moned, impannelled, and returned, or out of fuch of them as (hall appear
upon fuch Summons, the faid Truftees, or any Five or more of them,
fhall, and are hereby empowered and required to draw by Ballot, and to
fwear, or caufe to be fworn, Twelve Men, who (hall be the Jury for the
Purpofes aforefaid, and in default of a fufficient Number of Jurymen fo
returned, the faid
Sheriff,
or his Deputy or Deputies, (hall return fuch
other honeft and indifferent Men of the Standersby, or that fpeedily can
be procured to attend that Service, to make up the Number of Twelve;
which Jury fo impannelled and fworn, (hall forthwith proceed to inquire
Jurors may arKj
a0*efs
fuch
Damage and Recompence as aforefaid j and all Perfons
loured/ concerned (hall have their lawful Challenges againft any of the faid Jury-
men to be fummoned in purfuance of this A6t, in fuch and the like Man-
ner as any Party in any An depending in any of His Majefty's Courts
of Record at Wefiminfier is or fhall be by Law entitled to; ind the faid
Truftees, or any Five or more of them, adting in the Premifes, fhall hav#
Power to examine upon Oath all fuch Witneffes as may be produced be-
fore them and fuch Jury, and alfo from Time to Time to impofe any
reafonable Fine or Fines upon fuch
Sheriff,
his Deputy or Deputies,
Bailiffs or Agents, making Default in the Premifes
5
and on any of the
Perfons who (hall be fummoned and returned on fuch Jury, and who (hall
not appear, (except for fome reafonable Excufe,) or appearing (hail
refufe to be (worn on the faid Jury, or being fo fworn, (hall refufe to
give,
or not give a Verdift, or lhall in any other Manner wilfully negleft
their Duty therein, contrary to the true Intent and Meaning of this A&;.
and on any of the Perfons, who being required to give Evidence before
the faid Jury, (hall refufe or negleft to appear, or appearing (hall refufe
to be fworn and examined, or to give Evidence, fo as no fuch Fine exceed
the Sum of Ten Pounds on any One Perfon for One Offence; and after
fuch Jury (hall have enquired of and affeffed fuch Damages or Recom^
pence as aforefaid, then the faid Truftees, or any Five or more of them,
fhall thereupon order, adjudge, and determine the Sum or Sums of Money
fo affeffed by the faid Jury, to be paid to the (aid Owners or other Perfofti
interefted in the faid Lands, Grounds, or Hereditaments, according to fuch
Verdidt or Inquifition, which Verdict or Inquifition, and the Judgment*
Order, or Deterrnination thereon, fhall be final and conclufive, to all In-
tents and Purpofes, againft all Parties and Perfons whomfoever claim*
ing, or to claim in Pofleffion, Reverfion, Remainder, or otherwife, their
Heirs and Succeffors, as well abfentas prefent, Infants, Femes Covert,
and Perfons under any Difability whatfoever, Bodies Politic or Corporate,
Ecclefiaftical or Civil, Corporations Aggregate br Sole, as well as all
other Perfons whomfoever.
How Ex- XLV*. And be it further ena&ed, That in cafe any Jury fhall give irt
pences of ancf deliver a Verdifl: or Affeffment for more Money as a Recompence for
Jury
ihall be
tbe Right> Intcrcff> or prGperty 0f
any
Perfon or Perfons in any Lands or
pai
*
^Hereditaments, or for any Lofs or Damage to be by him, her, or them
fuftained> than what (hall have been agreed to and offered by the faid
Truftees, or any Five or more of them, before the fummomng and return**
ing
48°GEORGII III. Cap.lot, 1943
ingof the Jury, as a Recompence and Satisfaction for any fuch Right,
Intereft, or Property, or Lofs, or Damage as aforefaid, that then, and in
fuch Cafe, the Cofts and Expences of fummoning and maintaining the-
Jury and Witnefies fhall be borne and paid by the Treaforer to the faid
Truftees, out of any Money arifing or to arife by virtue of this Aft; but
if fuch Jury 'fhall give and deliver a Verdi£fc or Affeffment for no more or
for lefs Money than fhall have been agreed to and offered by the faid
Truftees, or any Five or more of them, before the fummoning and re-
turning the faid Jury, as a Recompence or Satisfa&ion for any fuch
Right, Intereft, or Property, or Lofs, or Damage as aforefaid, that then
the full Cofts and Expences of fummoning and maintaining the faid
Jury and Witneflfes, and all other Expences attending the hearing and
determining of fuch Difference, fhall be borne and paid by the Perfort
or Perfons with whom the faid Truftees fhall have fuch Controverfy or
Difpute-, which faid Cofts and Expences having been afcertained and
fettled by fome Juftice of the Peace for the refpeftive County not inte-
refted in the Matter in queftion, (who is hereby required to examine and
fettle the fame,) fhall and may be dedufted out of the Money fo afleffed
and adjudged, as fo much Money advanced to and for the Ufe of fuch
Perfdn or Perfons, and the Payment or Tender of the Remainder of
fuch Monies fhall be deemed and taken, to all Intents and Purpofes, to
be a Payment and Tender of the whole Sum or Sums fo afTeffed and ad-
judged, or otherwife fuch Cofts and Expences, in cafe the fame be not
paid upon Demand, after being fo afcertained and fettled as aforefaid,
may be recovered by the Clerk to the faid Truftees, by fuch Ways and
Means as are hereinafter provided for Recovery of Penalties and Forfei-
tures
:
Provided always, That in all Cafes tyhere any Perfon or Perfons
fhall by reafon of Abfence have been prevented from treating with the
faid Truftees, fuch Cofts and Expences fhall be borne and paid by
the faid Truftees, or any Five or more of them, in Manner aforefaid*
XLVI. And be it further enafted, That every Sum of Money or
^jpon
^
Recompence to be agreed for or affefftd as aforefaid, fhall be p^id out
Payment of
of the Tolls or other Money arifing by virtue of this Aft, according to the Purchaft
the Directions hereinafter contained, either into the Bank of
England,
or, "37^
as the Cafe may be, to the Parties of Pferfons refpe&ively entitleu thereto* lay int0 thc
or to his, her, or their Agent or Agents, and upon Payhient
thereof,
or Road.
(in cafe of Refufal to accept the fame, or the Parties not being to be met
with,) upon leaving the fame in the Hands of the Treafurer Or Treafur*
trs of the faid Road for the Ufe of fuch Parties or Perfons; and after Six
Days'
Notice thereof given to fuch Parties or Perfons, or his, her, or
their Agent or Agents, or left at his, her, or thfeir ufual Place Of Place's
of Abode, or with the Tenant in Poffeflion of the Lands or Heredita-
ments, fuch Lands or Hereditaments fhall be laid into and ttiade Part
of the faid Road, in fuch Manner as che faid Truftees or any Five «*
more of them fhall dired, and fhall be fufficiently ditched* fenced* and
fet out for that Purpofe, and fhall to all Intents and Purpofes become
and be deemed, a common Highway, and fhall from thenceforth for ever
be deemed as Part of the Road by this Aft direfted to be amended and
kept in repair; and from thenceforth all Parties and Perfons whomfoever
fhall be divefted of all Right and Title to fuch Lands and Hereditaments
%
but no more Land fhall be taken for the Purpofes of the faid Road with*-
out the Confent of the Owner or Proprietor thereof than fhall fee fuffi*
cient
1944 4^° GEORGH III. Cap.ioi.
cient to make fuch Road in fuch Part thereof where the fame Mil be
taken, of the Width of Sixty Feet between the Fences
thereof;
and
after fuch new Road (hall be completed, the Land comprifed in, or
tormerRoad conftituting the aid or former Road, fhall be vefted in the faid Truilees,
may be fold. ancj fa^]] or may be flopped up or left unrepaired, unlefs the fame may
be wanted for any public Ufe, or for the particular Convenience of the
Occupancy of any Lands or Tenements to which the fame may lead, and
fhall
be*
by them the faid Truftees, or any Five or more of them, fold for
the beft Price or Prices that can be gotten for the fame; and the Money
arifing by fuch Sale fhalf be applied to the Purpofes of this Aft ; and the
Conveyance to be made of fuch Lands being executed by any Five or
more of the faid Truftees, and inrolled with the Clerk of the Peace for
the faid County of Sufex, fhall be good and effectual to all Intents and
Purpofes; but this Aft fhall not extend or give Power to the Truftees
afting in the Execution hereof to the taking down of any Dwelling
Houfe or other Building, or taking in any Land that is a Garden adjoin-
ing to any Dwelling Houfe^ or any Orchard, Yard, Park, planted Walk^
or Avenue to a Houfe, or any Part
thereof.
fc)wnersof XLVIL Provided always, and be it enafted, That whereever the
Lands ufed
£ourfe
of any Part of the faid Road fhall be altered by this Aft, and a
ttew*Roaf to new Road opened and made in and upon the adjoining Land, the Offer
have the
Firft of the Purchafe of fueh old Road fhall be firft made to the Owner of fuch
Offer of
old
adjcfining Land, which fhall be cut and ufed for the Purpofe of making
Road. f^fj new Roa(j
ancj jn
cafe
fuch
Owner fhall be defirous of becoming
the Purchafer of fuch old Road, and cannot agree with the faid Truftees
for the Price to be paid for the Purchafe of the fame, and fuch Owner
lhall ftill be defirous of becoming the Purchafer
thereof,
then, and in
fuch Cafe, the
Value;
thereof fhall be fettled and ascertained by a Jury
in fueh and the like Manner as the Price for any Land to be taken in
purfuance of this Aft, is direfted to be fettled and afcertained in and by
this Aft s, and fuch Owner fhall be deemed the Purchafer
thereof,
at the
Sum to be afcertained by the Jury to be the Value thereof -, and in cafe
fuch Owner fhall refDfe to pay fuch Money upon Demand made thereol
by the Treafurer or Clerk to the Truftees, and Tender of the Convey-
ance of fuch old Road, the fame fhall and may be recovered by the faid
Truftees.by Aftion of. Debt, in.any of His Majefty's Courts of Record
at
Weftminfter \
and in cafe any fuch Owner fhall not agree, or (Kail re^
fufe to purchafe any fuph old Road, it fhall and may be lawful to
and, for any Perfon, or Pedbns, (not interefted in the Premifes), to make
an Affidavit to be fworn before a Matter Extraordinary of the High
•Court of Chancery, or before one of His Majefty's Juftices of the Peace
for the County, Town, or Place where fuch old Road fhall* lie, ftafing,
that fuch Offer h^subeenmade by, or on Behalf of the faid Trufteesj apd
that fuch Owner has not agreed, or has refufed to purchafe fuch old
Road, (as the Cafe may be); and% fuch Affidavit fhall, in all Courts
whatfoever, be fufficienf Evidence and
Proof,
that fuch Offer was made
and not agreed to, or refufed by fuch Owner*
Application XLVIII* And be it further enafted, That if any Money fhall be
of
Compen-
agre^ or awarded to be paid for any Lands or Hereditaments pur~
^mountin^to chafed, taken, or ufed, by virtue of the Powers of this Aft,*for thetpur-
zooL pofes
thereof,
.which fhall Belong to any Corporation, Feme Covert, In*
fant,
48° GEORGII HI. Cap. 101* 1945
fant,« Luiiatic, tir Peffon Or Perfons, under, any Difability or Incapacity*
Ss in this Aft particularly mentioned, fuch Money fhall, in cafe the fame
fliall amount to the Sum of Two Hundred Pounds, with all convenient
S^eed
be paid into the Bank of England^ in the Name, and with the
Privity of the Accountant General of the High Court of Chancery, to ht
placed to his Account, ex 'parte the Truftees for executing this A6t, to
the Intent that fuch Money fhall be applied under the Diredtion, and wish
*he Approbation of the faid Court,
to"
be fignified by an Order made
upon a Petition to'be preferred in a fuiiimary Way, by the Perfoa of*
Perfohsf who would have been entitled to the Rents and Profits of the
(aid-Lands or Hereditaments in thePurchafe or Redemption of the Land
Tax, or towards*' the Difcharge of any Debt or Debts; or fuch other
Incumbrance or P&rt therebf as the faid Court fhall authorize to be paid,
affe&ing- thefarhe Lands or Hereditaments, or affe&ing other Lands or
Hereditaments, ftariding fetde\I-therewith, toth'e fame, or tHfe like Ufes*
Intents, or Purpofes; or^^herefuth Money fhall not be fo applied, thert
the fame (hall be laid out and invefted under the like Direction and Appro-
bation of the faicT Court, in th'fc Purchafe of other Lands or Hereditaments,
l^hich fhall*be conveyed and fettled to, for, and upon fuch and the like
lUfes,
Trufts, Intents, and Purpofes, and in the fame Manner as the
iiands,and Hereditaments which fhall be fo purchafed, taken, or ufed as
sforefaid, flood ;fettled or limited/ or fuch of them as at the Time of
making fuch. Conveyance and Settlementffhall be exifting undetermined
land capable od taking Effe&j and in the mean Time, and until fuch
Purchafe fhall be made, the faid Money fhall^by; Order of the Court ot
(2hahcery, upon Application thereto, be invefted by the faid Accountant-
General, in; his Name, in the Purchafe of Three, Pounds per CenfutA
Confolidated,'or Three Pounds tyr Centum Reduced Bank Annuities j
and in the
mean"
Time, and until the faid Bank*Annuities fhall be or-
defed by the faid Court to be fold for the Purpofes aforefaid, the Divi-
dends and Annual Prodfuce'of the faid Confolidated or Reduced Bank
Annuities, fhall from Time to Time be paid, by Order of the faid Court;
toithe Perfomor Perfons who would for the Time being have been en-
titled to the Rents and Profits of the Lands and Hereditaments, fo hereoy
dlre&ed to be'purchafediri cafe fuch Purchafe or Settlement were made.
XLIX. Provided always, and be it further ena&ed, That if any Money Application,
fd^agreed or awarded to be paid for any Lands or
Hereditaments, pur- *here th*
chafed, takeni or ufed for the Purpofes aforefaid, and belonging to any tiorTdoes^ot
Corporation, or to any Perfon or Perfons under Difability or Incapacity, amount to
as aforefaid, fhall be lcfs1 than the Sum of Two Hundred Pounds, and aooKandia
fhall exceed the Sum of Twenty Pounds, then, and in all fuch Cafes, n™lefs ^a*
the fame fhall, at the Option of the Perfon or Perfons, for the Tiime a°
*
being, entitled to the Rents and Profits of the Lands or Hereditaments
fo purchafed, taken, or ufed, or of his, her, or
their*
Guardian or Guar-
dians,
Committee or Committees, in cafe of Infancy or Lunacy, to be
fignified in Writing under their refpe&ive Hands, be paid into the Bank,
in the Name, and with the Privity of the faid Accountant-General of the
High Court of Chancery* and be placed to his Account as aforefaid, in
order to be applied in Manner hereinbefore diredted, or otherwife the fame
fhall be paid, at the like Option, to Two Truftees, to be nominated by
the Perfon or Perfons making fuch Option, and approved of by Five or
more of the faid Truftees, (fuch Nomination and Approbation to be
[Lw.& Per.\ zzD fignified
I94& 4S°GEORGII III* Cap. ioi*
Signified in Writing, lirtder the Hands df the nominating>aad approving
JParties,) in order that fuch principal Money* and the Dividends arifing
thereoh, may bt applied.in any Manner.hereinbefore direfted^ fo far as
the Cafe Be applicable, without obtaining, or being required to obtain*
the Direction or Approbation of the Court of Chancery*
Application L# provided alfoj and bfe it further ena£ted, That where fuch ^fdne^
^here the £o 3gj.eed or aWarded to be paid as next before mentioned* (hall be left
tZlol thad Twenty jfeunda, then/and in all futh Cafes, the .fame (hall be ,p,
plied to the tjfeof the Perfon or tPeffdns^ho would* for the Time being*
have beeh entitled to the Rents and Profits of the L^nds or Herf dita^
ments fd ptuchafed, taken, or ufed fotthe Purpofes of this A&, in fudi
Manner as the faid Trufteesi or any Five or rtidre of them,
flS*U
thinlt
fit; or in cafe of Infancy or Lunacy* theft to his, her, or their Guardian
Or Guardians, Committed or Committees, to and for
the.
Ufe and Benefit
bf fuch Ptrfdn or Perfons fo entitled refpedtively.
In cafe of
not
LI. And be it further eha£ted, That ,ifi cafe the Perfon or Perfons
C6
Tidesg
°Ut whom any Suni or Sums of Money fhail be awarded for the Purbhdfe of
any Lands, or Hereditaments, to be purchafed by virtue of this Aft, fliall
refufe to accept the famfe, or fliall not be able to make a godd Title t&
or if Perfons the Premifes, to the Satisfaction of the faid Truftee&i or in cafe fuch
**«"*
£e Perfon or Perfons to whom fuch Sunt or Sums of Money ihall be fo
^hafe'Money awarded as aforefaiid, cannot be founds or if the Perfon Or Perfons entitled
to
be paid
in.
to fuch Lands, or Hereditaments, be not known dr difcoV^red, then and
%o
the Bank; in every fuch Cafe it (hall and may be lawful to and for the faid Trufteesi
pr any Five or more of them, to ofder the ;faid Sum or Sums of Money
fo awarded as aforefaid to be paid into the Bank of
England^
in the Nairte
frbjeatothe and with the Privity of the Accountant*Geperal of the CojurtofGhanceryi
Order of the j0 be placed to his Account to the Credit of the Parties interefted in the
Chancery
on
**lc* Lands,, or.Hereditaments, (defcribihg them), ftibjedfc td the Order*
Motion or Controul, and Difpofition of the faid Court of Chancery*
frfiich
faid Court
Petition. of" Chancery, on the Application of any Perfdn or Perfdns, making Claim
to fuch Sum or Sums of Money* or afiy Part
thereof,
by Motion or Pe«s
tition, (hall be and is hereby empowered, in a furrtmary Way of Proceeds
ing, or otherwife as to the fame Court lhall feem meet, to order the fame
to be laid out and invefted in the Public Funds, and to drder Diftribution
thereof or Payment of the Dividends
thereof,
according to the fefpective
Eftate or Eftates, Title or Intereft of the Perfon or Perfons making Claim
thereunto, and to make fuch other Order in the Premifes as to the faid
Court fliall feem juft and reafonable; and the Gaihier or Calhiers of the
Bank of
England^
who (hall receive fuch Sum or Sums of Money, is and
are hereby required to give a Receipt or Receipts for fuch Sum or Sums
of Money, mentioning and fpecifying for what and for whofe Ufe the faftie
is or are received, to fuch Perfon or Perfons as fliall pay any fuch Surti
or Sums of Money into the Bank as aforefaid,
Where any LII. Provided always, and be it enafted, That where any Queftion
C^ueflion
fliall
{hall arife, touching the Title of any Perfon to any Money to be paid
anfetouching -ntQ ^ g^^ Qf
£nglandi
in the Name and with the Privity of the Ac-
MoleltX countant-General of the Courc of Chancery, in purfuance of this Act,
paid, ihePer-for the Purchafe of any Lands, or Hereditaments, or of any Eftater
fonwhoihaii Right, or Intereft in any Lands, or Hereditaments to be purchafed* i*
be in ?°m' purfuance
48*
GEO'RGII III. Cap. 101. 1947
pr&ahce of this Act,, ortoariyB*nk Annuities to be purchafed
^vvitH
fionatthe
any,fuch Money, or the Dividends Or Intereft of any fuch B^ntc An- TimeoffucH
htjidesV the Perfbhor Perfohs who ihall hive been in Poffeffiorv of ftich
^^fj}*11
Lands or Hereditaments at
the.
Jlme of fuch Purchafe, andaU Perfons ertiitie(hherei
daiming Under fudi Perfon br Perfons, or under the Poffefltidn 6f fuch td; according
^erfoh or Perfons,^. fliall be deemed and taken to have been lawfully
tofuchPof*
Entitled to fudh Xands, or Hereditaments, according to fuch Poffefjiqn,
kffioni
until th.e^contrary, ih^ll be fhewn .to.jhe Satisfaction of the faid Court
of Chancery} and the Dividends or intereft of the Bank Annuities to
be purthafed with fuch Money, and alfo the Capital of fuch Bank An-
nuitjesrihaU bp f>$id, applied, and .dif^ofed of accordingly^ unlefs it fhall
be,
iliadfe.appear to the laid Couft,;.that, fuch Poffefiion was a wrongful
Poffeffion; and that feme other Perfon
Or
Perfons was or were lawfully entb
tkd to fuch Lands, orMereditarnertts, or to force Ettate or ktereft.therein;
LIU. PfOvided alfo.fand be it enacted,; That where by reafon of anv TheCouit of
PifabHity or Incapacity of the Perfon or Perfohs, .or Corporation entitled Chancer^
to atny Lands* or Hereditaments ;to be purchafed uqder the Authority of ^r
°rip
this Acj, the PurQhafe Money for.
thfc
fame Ihall be Required to be paid Expencesof
•mo the Goiirt of Chancery, and to be applied in the. Purchafe ofother Parcbafe
*
fcartdSj-, or Hef edit ajneritsy. tobe fettled to;theJike'Ufes; in purfuance-of
be paid
by
this,Act,-it;fhallaqd may.be lawful-to and for the faid Court of Chancery TrufteeS*
$o-;grder, .the Expences of all Purclj#fes from Time to.Time to be made
i-n ppffuancs of; this Act> or fo much of fuch Expe.njces as the faid £ our t
ihall deem reafonable, to be paid by the faid Trufteesout of jhe Monies
to be received by virtue of this Act* who fhall, from Time to Time*
pay fuch
SCirns
ofiytoney for fuehpurpofes
as
the fakLCourt (hall directs
LIV. Aftd he it fufth^rtenactedj^That itihall be lawful;for the faid TViiftees
niif
Truftees, ot any five or more of-them, and foi; their Surveyor, or Sur- €tiiGt fcand*
yeyorsj or Workmen,,-with or .without Carriages or Cattle^ from Time to ? "\ **
Time, to ente^upon the Lahds- and Grounds ithrough .which or where^
upon any Rpad ihall be thought proper to be made, widened^ altered, of:
turhed, and to view, mark, and flake out fuph intended Turning and AU
teration, and to enter upon the adjoining Lands, and^to put and place any
Materials thereon as the faid Truftees fhall think necefiary or proper for
the
ftnaking
and Completing fuch Alteration, without being liable or fub-
jejft to be deemed a Trefpafler or Trefpaffers, or to any Fine, Penalty^
or Punifhment fpr fo entering or continuing upon any Part or-Parts of
fuch Lands or Grounds refpeftively, making Satisfaction to the Occupiers
of fuch Lands or Grounds for the Damage that fhall be done by any
fuch A&s> to fuch Lands or Grounds whilft the fame Road fhall be fo
making, widening, altering, or turning, in cafe fuch Damage fhall exceed
the Sum of One Shilling; fuch Damage to be ascertained by any Two
or more Juftices of the Peace as aforeiaidj and if any Perfon fhall wil-
fully pull up, remove, of deftroy any of the Stakes or other Marks ufed
in the laying out, making, altering, or turning any fuch Road, every
Perfon fp offending fhall forfeit and pay for every fuch Offence a Sum
not exceeding Forty Shillings.
LV. And be it further enabled, That in all,Cafes where the Courfe of tYufteesto
any Part qf the prefent Road fhall be diverted from the Old Line of Road,
j^^#ofF
neW
or a new Road fhall be made (except over and through any open Common
Field
tq^n 48°GEORGII IJL Cap. tou
Field Land, or Common, or Wafte Ground), or where the did Road
(hall be widened, in all fuch Cafes (except as aforefeid) the faid Truftees,
or any Five or more of them, fhall, and
they are hereby required, to
caufe good and fufficienc Mounds* Rails* and Fences to be made and pro-
vided,and Quickfets to be planted in an Hufband-like Manner, or fuf-
ficient Stone Walk to be built on both Sides of fuch new Road, where
the fame is neceflary, and (hall fupport fuch Mounds, Walls, R&ilSj knd
Fences for and during the Term of Seven Years from the firft making
thereof.
Truftees
may
LVI. Arid be it further ena, That the faid Truftees, or any Five
contract for of more of themi ftiall and may, arid they are hereby empowered, from
repairing Time to Time* to contraft and agree with any Perfon or Perforis for thd
*oacls' amending, widening, improving, *nd keeping in Repair the faid Road,
or any Part or Parts
thereof,
or for all or any other of the Works to be
done and performed in the Execution'of this A&,-in fuch Manner, and
for fuchSurn or Sums of Money as the faid Truftees$ or any^FiVe ot
more of them (hall think proper* and that all Contracts and Agreements
in Writing entered into purfuant t3t an Order made at any Meeting by
fuch Truftees, or any Five or more of them, fhall be binding to the faid
Truftees and other Parties who Iball fign the fame, his* her, or their
Succeffors, Executors, and Adrriiniftmors refpe&ively
%
and that Aftions
and Suits may be maintained thereon, and Damages and Colls recovered
againft the Party or Parties failing in the Execution of fdeh" Contracts of
Agreements;
ferfonsliable LVI I. And be it further enacted, That all Owners, Oeciupitfrs,
draff-*
to
repair the tees, Truftees, Feoffees, and Committees of any Lands, Tenements*
Roads,
to
Rents, and Annuities,* or any Suti> or Sums df Money which have been
ccmun :e-o« g\ven, or are liable to the amending or maintaining of any Part: or Parts
of the faid Road, or any Bridge or Bridges thtfreof or any Part or Parts
thereof,
(hall ftill remain liable and chargeable to the Repair-thereof, in
fuch Manner, and to the fame Extent, but not in any other Manner,
nor to any greater Extent* thaft as they'Were liable and chargeable before
the paffing of this Act,
Perfons
chargeable LVIII. Provided always, and be it further enacted, That all Perfons*
Work"tUto w^° by Law are
liable"
to Statute-work, or chargeable towards repairing,
continue fo» and amending the Road hereby directed to be made, widened, and re-
and Juftices paired, or any Part
thereof,
(hall ftill remain liable thereto in like Manner
to
determine as heretofore, and it fhall arid may be lawful to and for any Two or more
touc^ingTta- Juftices of the Peace for the faid County of Sufex, and they are hereby
iweWork, requiried and empowered, upon Application made to them by the faid
Truftees, or any Five or more of them, to adjudge and determine what
Part or Proportion of the Statute-work fhall every Year be done upon
the faid Road by the Inhabitants of the refpective Parifhes of Places in
which the faid Road doth lie, and alfo what Proportion of the Money
received by the Surveyor or Surveyors t>f the Highways of every fuch
Parifh or Place, in Lieu of, or as a Compofition.for fuch Statute-work as
aforefaid, fhall be by him or them paid to the faid Truftees, or to any
Five or more of them, or to their Treafurer or Treafurers -, and in order
thereunto it ftiall and may be lawful to and for fuch Juftices, from Time
to Time, to fummon the Surveyor or Surveyors of the Highways far
every fuch Parilh or Place, to bring in Lifts before fuch Juftices refpec*
lively^
483GEORGII III. Cap.ioi. 1949
tively, at feme Place, to be expreffed in fuch Summons, (wirhin Ten
Days after the fer-ving of fuch Summons,} of the Nanrrs of the fevcral
Perfons who, within every fuch Parifn or Place, are by Law fubjeft and
liable to do Statute-work for that Year, or to the Payment of any Money
in lieu of, or as a Compofition for fuch Statute-work, diftinguifhing the
Nature of the Work to be done, whether with Trams, Draughts, or other-
wife,
and alio the Amount of the refpe&ive Sunns to be fo paid, which
Lifts of Names fhall be made in Manner and under fuch Regulations and
Reftrifitions as is or may be direfted by any Law or Statute in Force and
EfFeft for the Repair of the public Highways, and out of fuch Lifts the
faid Juftices refpedUvely fhall and may allot, appoint, and order fuch and
fo many of the Perfons who fhall appear to be fubjeft and liable to the
Statute-work as aforefaid, to do fuch Number of Days' Statute-work in
every Year upon the faid Road, as the faid Juftices fhall think reafonable;
and the fame (hall be done on fuch Days and at fuch Times (not being
Hay Time or Harveft,) and in fuch Parts of the faid Road as the faid
Truftees, or any Five or more of them, or their Surveyor or Surveyors,
fhall from Time to Time, order, direft, and appoint
and the faid Juftices
refpeftively fhall and may alfo order and direft the Perfons, who by fuch
Lilts (hall appear,to be fubjedl and liable to the Payment of any Money
in lieu of, or as a Compofition for Statute-work as aforefaid, to pay fuch
Proportion thereof as the faid Juftices fhall think proper to the-faid
Truftees, or any Five or more of them, or to their Treafurer or Trea-
furers,
at.fuch Time or Times as they the faid Juftices refpe&ively (hail
direct, and in Default of Payment
thereof,
the fame (hall and maybe
recovered by Diftrefs and Sale of the Goods and Chattels of the refpec-
tive Perfons liable to the Payment
thereof,
in like Manner as any Penalty
is by thisl authorifed of directed to be recovered ;. and each and every
Perfon who fhall neglect orrefufe to do fuch Statute-work as aforefaid,
after Notice in Writing 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 Truftees fhall, for every Day of his, her,' or their
Default, or the Default of any Labourer or Labourers; Team or Teams,
Draught or Draughts, Horfe or Hotfes, or Beaft or Beafts, to be pro-
vided by him, her, or them, be fubje£t and liable to fuch Pains, Penal-
ties,
and Forfeitures, as fuch Perfon or Perfons/may be fubjedt orjiable
to by any Law or Statute in Force and Effedt for the Repair of the pub-
lic Highways
*,
and if any Perfon who (hall come to work as a Labourer,
or fhall _be fent. with any Team or Draught to work on the faid Road,
fhall be found idle or negligent by any Surveyor to the laid'Truftees,
fuch Surveyor is herehy empowered to remove and turn off the Perfon
who5
fhall be found idle or negligent as aforefaid, and- in that Cafe
every fuch Perfon (hall be fubje£t and liable to the refpe&ive Forfeitures
and Payments aforefaid, as if he had neglefted or refufed to come, br
fuch Team or Draught had not been fent to work ort any Part 0f the faid
Road; all yvhich Penalties and Forfeitures fhall be paid to the Treafurer
or Trealurers to the faid Truftees, and applied towards amending the
faid Road; and in cafe the faid Surveyor or Surveyors of the highways
for any of the faid Parifhes or Places, fhall xefufe or wilfully,:negle£t to
give in fuch Lifts as aforefaid, or fhall knowingly or wilfully give in
talfe or rmperfeQf Lifts, every fuch Surveyor fo offending fhall, for £ very
fuch Offence, forfeit and pay any Sum not exceeding Ten Pounds.
£Loc>
&? Per.*\ 22 E LIX. And
1950 48°GEORGII HI.
Cap.
101.
Truftees may LIX. And be it further enabled, That it fhall and may be lawful to snd
compound
for for the faid Truftees, or any Five or more of them, to compound and
Statute- agree with any Perfon or Perfons, Bodies Politic or Corporate, for the
wor ' Repairs or Statute-work to be by them done on the faid Road, or any
Part
thereof;
and alfo with the Inhabitants and Occupiers of
Lands*
Te-
nements, or Hereditaments, of and iri all or any of the Parifhes or
Places in which the faid Road (hall lie and be fituate, for a certain Sum
of Money by the Year or otherwife, as the faid Truftees fhall think rea-
fonable, in lieu of the Whole or any Part of the Statute or other Work
to be by all or any of the faid Inhabitants and Occupiers done on the
faid Road j whiqh Compofition Money fhall always be paid by the Sur-
veyor or Surveyors of the Highways, or other Officer of the Parifh, or
by the Perfon or Perfons fo compounding, to the Treafurer or Treafurers
of the faid Truftees, in advance, on or before the Twenty-ninth Day of
September in each and every Year, or otherwife the Inhabitants or Occu-
piers of fuch Parifh or Place fhall not be permitted to compound for
that Yean
Mile Stones LX. And be it further ena&ed, That the faid Truftees, or any Five or
and Direction X^QTQ of them, fhall caufe the faid Road to be meafured, and Stones or Ports
s* to be placed in or near the fame, with Infcriptions thereon, denoting
the Number of Miles, and Diftances of Places, and alfo fuch and fo
many Direction Pofts, as they fhall think proper
5
and if any Perfon or
Perfons fhall wilfully break, damage, or pull up any of the Mile
Stones, or Pofts, erefted upon or near any Part of the faid Road, or
lhall obliterate or deface any of the Letters, Figures, or Marks thereon,
and be thereof convided before any Juftice of the Peace for- the faid
County of Suffer by the Confeffion of the Party, or by the Oath of One
credible Witnefs, .fuch Perfon or Perfons fo offending, fhall forfeit and
j>ay any Sum not exceeding Five Pounds, together with all reafonable
Cofts and Charges of fuch Information, for every fuch Offence, One
Moiety of which Penalty fhall be paid to the Informer, and the other
Moiety applied for the Purpofes of this Aft; and in cafe fuch Perfon
or Perfons fo offending and convifted, fhall not be able, or fhall refufe
to pay the fame, then it fhall be lawful for any Juftice of the Peace for
the faid County of Suffix, by Warrant under his Hand and Seal, to com-
mit fuch Perfon or Perfons to the Common Gaol for the faid County of
Suffix, ox to any Houfe of Corre&ion within the fame, there to remain
for any Time not exceeding One Calendar Month, unlefs fuch Penalty,
Cofts,
and Charges fhall be recovered and paid.
To
compel
LXL And be it further enatted, That the Perfon or Perfons who have
Payment of fobferibed any Money for, or towards defraying the Expences of executing
u enp ion.
t^js
^^ fkaji^ and they are hereby required to pay fuch Money within
fuch Time, and to fuch Perfons, as the faid Truftees, or any Five 01
more of them,, fhall order and diredl; and in default of fuch Payment,
fuch Money fhall be recovered by Aftion of Debt, or on the Cafe, to
be brought in the Name of the Clerk to the Truftees, in any of His Ma-
jefty's Courts of Record at Weftmfafier.
Power
to
LXII* And whereas Perfons guilty of Offences againft this Aft may
Collectors to be tranfient Perfons, unknown to.the Collectors,'Surveyors, or other
knotn^Per- officers under this A£t: Be lt therer'ore ena&cd, That it fhall and may
few, bc
48° GEORGII III. Cap. 101. 1951
be lawful to and for any of the fa id Colleftors, Surveyors, or other Officers
rtfpe'diveJv, to feize and detain any fuch unknown Perfon or Pcrfons
guilty of any Offence againft this Aft, and forthwith to convey him,
her, or them, before One or more Juftice or Juftices of the Peace for
the County, City, or Place where any fuch Offence or Offences (ball
be committed, without any other Warrant or Authority than this Adt for
fo doing.
LXIIL And be it further enafted, That all Penalties, Forfeitures, and
For Recovery
Fines,
hereby infli&ed or authorized to be impofed (the Manner of le- of Penalties
vying and recovering
whereof,
is not herein otherwife dire&ed), fhall, and Forfei-
upon Proof of the Offences refpeflively, before any Juftice of the Peace turcs*
for the faid County of Sujfex, or wherein the Offender fhall be or refide,
either by tihe ConfefTion of the Party offending, or by the Oath of One
or more credible Witnefs or Witneffes, be levied by Diftrefs and Sale
of the Goods and Chattels of the Party or Parties offending, by War-
rant under the Hand and Seal of fuch Juftice (which Warrant fuch
Juftice is hereby empowered and required to grant), and the Overplus,
after fuch Penalties, Forfeitures, and Fines, and the Charges of fuch-
Diftrefs and Sale are deducted, fhall be returned upon Demand, unto the
Owner or Owners of fuch Goods and Chattels, and the Monies arifing
by fuch Penalties, Forfeitures, and Fines, when' paid or levied, if noc
otherwife directed to be applied by this Acr, fhall be from Time to Time
paid ro the Treafurer or Treafurers to the faid Truiiees, and applied for
the Purpofes of the faid Road; and in cafe fufficient Diftrefs fhall not be
found, and fuch Penalties, Forfeitures, and Fiqes fhall not be forthwith
paid, it fhall be lawful for any ,fuch Juftice of the Peace, and he is
hereby authorized and required, by Warrant or Warrants under his
Hand and Sea^ to caufe fuch Offender or Offenders to' be committed
to the Common Gaol of the refpective County, or to any Houfe of Cor-
rection within the fame, there to remain without Bail or Mainprize, for
any Time not exceeding Six Calendar Months,.nor lets than Forty Days,
xinlefs fuch Penalties, Forfeitures, and Fines, and all reasonable Charges,
fhall be fooner paid and Satisfied*
LXIV. And for the more eafy and fpeedy Convi&ion of Offenders Form of
againft this A6t, Be it further enafted, That all and every the Juftice Conviction
or Juftices of the Peace, before whom any Perfon or Perfons fhall be
convi&ed of any Offence againft this Aft, fhall and may caufe the Con-
viftion to be drawn up in the following Form of Words, or in any other
Form of Words to the fame Effect, as the Cafe fhall happen, videlicet,
E it remembered, That on the Day of ,
' in the Year ot our Lord
, A.B. is conviaed before me, C, D. one of His
* Majefty's Juftices of the Peace for the County of [Specifying
the Offence y Time y and Place when and where the fame was commit ted 9
1 as the
Cafe
jhall
be.~)
Given under my Hand and Seal, the Day arici
* Year firft above mentioned/
LXV, Provided always, and be it further ena&ed, That if any Perfon Allowing
fhall think himfelfor herfelf aggrieved by any Thing done in purfuance Perfonsag.
of this A&, and for which no particular Method of Relief hath been gneved to
already a?PeaL
1952 4.S°GE0RGII III.
Cap.
wt.
already appointed, fuch Perfons may appeal to the Juftices of the Peace
at any General Quarter Seffions of the Peace to be holden for the County
wherein the Caufe of Complaint (hall have arifen, within Four Calendar
Months after the Caufe of fuch Complaint (hall have arifen, fuch Ap~
pellant firft giving or caufing to be given Ten Days' Notice at leaft in
Writing of his or her Intention to bring fuch Appeal, and of the Matter
thereof,
to the Clerk or Treafurer of the faid Truftees, and within Four
Days after fuch Notice entering into a Recognizance before fome Juftice
of the Peace for the faid County, with Two fufficient Sureties, conditioned
to try fuch Appeal, and abide the Order oft and pay fuch Cofts as (hall
be awarded by the Juftices at fuch Quarter Seffions; and the faid Juftices
at fuch Quarter Seffions, upon due Proof of fuch Notice being given as
aforefaid, and of the entering into fuch Recognizance, (hall hear and
finally determine the Caufe and Matter of fuch Appeal in a furnmary
Way, and award fuch Cofts to the Parties appealing or appealed againft
as they the faid Juftices fhall think proper; and the faid Juftices may,
if they fee Caufe, mitigate any Fine, Penalty, or Forfeiture, and mayalfb
order fuch further Satisfaction to be made to the "Party injured as they.
ihall judge reafonable; and the Determination of fuch Quarter Seffions
(hall be final, binding, and conclufive to all Intents and Purpofes, and
the faid Juftices may alfo at fuch Seffions by their Order or Warrant levy
fuch Cofts fo awarded by Diftrefs and Sale of the Goods and Chattels of
the Perfon or Perfons who (hall refufe to obey the fame; and for want
of fufficient Diftrefs may commit fuch Perfon or Perfons to the Common
Gaol of or for the refpe&ive County, or to any Houfe of Correction
within the fame, for any Time not exceeding the Term of
Six
Calendar
Months, or until Payment of fuch Cofts.
Proceedings
not to be
quafhed for
wantofForm.
Limitation
of Actions,
LXVI. And be it further enafted, That no Order made touching or
concerning any of the Matters in thist contained, or any Proceedings
to be had touching the Convi£tion of any Offender or Offenders againft
this Aft, (hall be quafhed for Want of Form, or be removed or remove-
able by Certiorari or any other Writ or Procefs whatfoever into any of
His Majefty's Courts of Record at Weftminftert&nA that where any Diftrefs
(hall be made for any Sum or Sums of Money to be levied by virtue of
this Aft, the Diftrefs itfelf (hall not be deemed unlawful, nor the Party or
Parties making the fame be deemed a Trefpafler or Trefpaflers on ac-
count Gf any Defedl or Want of Form in the Summons, Conviftion,
Warrant of Diftrefs, or other Proceedings relating thereto, nor fhall the
Party or Parties diftraining be deemed a Trefpafler or Trefpaflers ab
initio on account of any Irregularity which (hall be afterwards done by the
Party or Parties diftraining, but the Perfon or Perfons aggrieved by fuch
^Irregularity (hall and may recover full Satisfaction for the fpecial Da-
mage, (if any,) in an Aftion upon the Caiej but no Plaintiff or Plain-
tiffs (hall recover in any. Aftion for fuch Irregularity as aforefaid, if Ten-
der of fufficient Amends hath been made for or on Behalf of the Party
diftraining before fuch An brought.
LXVII. And be it further enacted, That no A&ion or Suit (hall be
commenced againft any Perfon or Perfons for any Thing done in pur-
fuance of this Aft,' until Twenty Days* Notice thereof (hall be given to
the Clerk to the laid Truftees, nor after a fufficient Satisfaftion, or a Ten-
der
thereof,
hath been made to the Party or Parties aggrieved, nor after
Six
48°GEORGII III.
Gap,
101.
Six Calendar Months next after the Fa£t committed: and every fuch
A&ion (hall be laid and tried in the County of Sujhx, and not elfewhere i
and the Defendant or Defendants, in every fuch Aflioh or Suit, {hall
and may, at his and their Elettion, plead fpecially, or the general ItTue,
aftd give this Aft and the fpefcial Matter in Evidence, at any Trial
to be had thereupon,' and that the fame was done in .purfuance
and by the Authority of this
*
Aft j and if the fame ftiall appear to
be fo done-or that fuch Action or Suit (hall be brought before
Twenty Days' Notice thereof ftiall be given as aforefaid, or after
a fbfficient' Satisfaction made 6r tendered as aforefaid, or after the Time
limited for bringing the fame as aforefaid, or fhall be brought in any
Wlitt' County, then the Jury ftatt- find for' the Defendant or Defendants^
and upon fuch Verdift, or if the Plaintiff or Plaintiffs fhall be nonfuited>
Or difcontinue his. her, or their Action or Actions after the Defendant
b^BmnHants-(ha]r'KaVeipj^ear'ed> or if upon Demurrer Judgment (Ball
Ue^givin againft the Plaintiff or Plaintiffs, then the Defendant or Defend-
ants*
fhall'and may rfecover treble Cofts, and have fiith Remedy for
recovering the fame, as'any Defendant or Defendants hath Or have in
ariy other Cafe4 by LaW,
LXVHL And whereas the feveral Creditors and Truflees, Under an Act ,7 G.
Act made in the Seventeenth Year of the Reigh of His-prefent Majefly, c. 73.
intituled, An Aft for repairing and widening the Road from a Place
called
Crouch Hi}), in the parijh ofHenfield, to the Turnpike Road leading from
Brighthelmftoneto Cuck field, and from the Eaji Side of the fdid Turnpike
R9fi4:MMe ^^» ^Ditchling,:^ the
County
o/Suffexj and alftran Act 38
Geo.
3.
made in£heXhirtyT?ighth Year of;thevReign of His prefenttMajefty, in- aj.
tituled, An AU for continuing for the Term of
Twenty-one
Tearst end from
thence to the End of the then next
SeJJion
of Parliament y theTerm^ and alter*
ing and
enlarging
the Powers of an A3 faffed in the Seventeenth Tear of
the Reign of His prefent Majejiy, for repairing and widening the Road
from a Place called Crouch Hill, in the Parijh\of Henfield, to the Turn-
pike Road leading from Brighthelmftone to Cuckfield, and from the Eafi
Side of the faid Turnpike Road to the Town of Duchling, in the County
ef Suffexj and alfo for repairing and widening the Road from
Ubley's Farm, in the Parijh 0/Hurftperpoint, to the Marie Pit oppofiU
to Newtimber Broad Lane, in the faid County, have agreed that fo
much of the faid recited Acts as relates to the laid Road from Ubley's
Farm to, the Marie Pit, oppofite to Newtimber Broad Lane^ and from
Ubletfs farm aforefaid to Albourne Green, fhall be repealed j and that fuch
Parts of the faid Turnpike Road (being about One Mile and an Half
in Length) fhall be made Part of the Road, to be amended, varied, alter-
ed, widened, improved, and kept in repair by this Ace, in confideration
of the Sum of Twenty Pounds per Annum being paid out of the Tolls
arifing under this Aft to the Truflees under tlie faid recited Acts, Be it
therefore enacted, That fo much of the faid recited Acts as relates co
the faid Road leading from Ubley's Farm to the Marie Pit fronting New-
timber Broad Lane9 and from Ubley's Farm aforefaid to Albourne Green
ihall be repealed; and that fuch Road (being about One Mile and a Half
in Length) ftiall be made Part of the Road to be amended, varied, al-
tered, widened, improved, and kept in Repair by this Act; and that
the Sum of Twenty Pounds per Annum ihall be paicj out. of the Tolls
arifing under this Act, to the Treafurer of the Tf uftees of the faid re-
[£**. & Per.}
%%
F cited
1953
48° GEORGII III. Ctp.xoi.
cited Acts, upon the Twenty-ninth Day of
September
in every Year
during the Term of this Act, or to fuch Perfon or Perfons whom they
fhall authorize to receive the fame; and in default of fuch Payment for
the Space of Twenty Days after the fame (hall from Time to Time
become due, Oiall and may be recovered from the Truftees appointed in
and by this Act, or from their Treafurer, by Action of Debt or on the
Cafe,
in any of His Majefty's Courts of Record at Wejiminftery againft
One or more of the faid Truftees,..or their Treafurer, in the Name of
the Treafurer or Treafurers of the Truftees for the Time being,
acting in the Execution of the faid recited ACES, and fuch Sum or Sums of
Money, when paid or recovered,as aforefaid, (hall be applied by the faid
Henfield
and Diichling Road in fuch Manner.as,the Tolls collected there-
on are directed to be applied.
Public Act. LXIX. And be it further enafted, That this jftcit (hall be deemed
and taken to be-a public Acts. and fhall be judicially taken Notice of as
fuch, by all Judges, Juftices, and others, without being fpecially pleaded*
Term of the LXX. And be it further enacted, That this Act fhall commence upon,
^ct- and have Continuance from the pafting thereof for and during the Term
©f Twenty^one Years, and from thence to the End; of
the*
then-next
Seffion of Parliament,
LONDON. Printed by GEORGE EYRE and ANDREW STRAHAN,
Printers to the King'^raoft'Exccllent^Maj^fty.. igo8.
1954-

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