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posed situation near thereto, to the annoyance of any pas- Turnpikes. senger or passengers; or if any person shall leave any waggon, wain, cart, or other carriage whatever, upon such by leaving road, or on the side or sides thereof, without any proper &c. person in the sole custody or care thereof, longer than may be necessary to load or unload the same, except in cases of accident, and, in cases of accident, for a longer time than may be necessary to remove the same; or shall not place such waggon, wain, or other carriage, during the time of loading or unloading the same, or of taking refreshment, as near to one side of the road as conveniently may be, either with or without any horse, or beast of draught, harnessed or yoked thereto; or shall lay any timber, stone, by laying hay, straw, dung, manure, soil, ashes, rubbish, or other timber, &c.; matter or thing whatsoever, upon such road, or on the side or sides thereof, or the footpaths or causeways adjoining, to the prejudice of such road or footways, or to the prejudice, annoyance, interruption, or personal danger, of any person or persons travelling thereon; or shall suffer any by running of water or water, filth, dirt, or other offensive matter or thing whatsofilth; ever, to run or flow into or upon such road or footpaths, from any house, building, erection, lands, or premises, adjacent thereto; or if any person, driving any pigs or swine by swine; upon such road, shall suffer such pigs or swine to root up or damage such road, or the fences, hedges, banks, or copse, on either side thereof respectively; or if any person shall, after having blocked or stopped any cart, waggon, or by leaving other carriage, in going up a hill or rising ground, cause blocks, or suffer to be or remain on such road the stone or other stones, &c. thing with which such cart or other carriage shall have been blocked or stopped; or if any person or persons shall pull down, damage, injure, or destroy, any lamp or lamp- or by dapost put up, erected, or placed, in or near the side of any maging turnpike road, or toll-house erected thereon, or shall exlamps. tinguish the light of any such lamp: every person offending in any of the cases aforesaid shall, for each and every such offence, forfeit and pay any sum not exceeding forty shillings, over and above the damages occasioned thereby.
the centre of
CXXIV. And whereas doubts may arise as to what is What shall to be deemed the road, or the centre of the road: be it be deemed therefore enacted, that where, in this or any other act of the road. parliament relating to turnpike roads, any matter or thing is directed or forbidden to be done within a certain distance of the centre of the road, that portion of ground shall be deemed and taken to be the road which has been maintained by the trustees or commissioners as hard road, and repaired with stones, gravel, or other materials, used in forming roads, for six months immediately preceding any offence committed against such regulations; and the centre of the road shall be the middle of such hard road, where a line being drawn along the road, or a point marked, an
No encroachment to be made
Turnpikes. equal number of feet of hard road, which have been so maintained and repaired, as aforesaid, for six months before, shall be found on each side of such line or mark : provided always, that nothing herein contained shall authorize any person or persons to enclose or make any encroachment on any waste lands or grounds lying on the side of any turnpike road, being part of the highway, and over which the king's subjects have been used and accustomed to pass; but every person who shall enclose such waste lands and grounds, or obstruct the right of passage over the same, shall continue and be subject to the same process and penalties as if this act had not been made.
on the waste lands lying on the side
of any road.
No windmill to be erected
CXXVII. And be it further enacted, that no person shall hereafter erect or cause any windmill to be erected within the distance of two hundred yards from any part of any yards of the turnpike road, under the penalty of five pounds for each turnpike and every day such windmill shall continue; provided always, that nothing herein contained shall be construed to render legal the re-erection or continuance of any windmill in any case where, by the common law, such windmill shall be a public or private nuisance.
road, on pe
Drivers of waggons or
CXXXII. And whereas many accidents happen, and carts not to great mischiefs are frequently done, upon streets and highride thereon, ways, being turnpike roads, by the negligence or wilful unless some misbehaviour of persons driving carriages thereon: be it other person therefore enacted, that if the driver of any waggon or cart on foot guide the same; of any kind, shall ride upon any such carriages in any turnpike road, [&c. as in 13 Geo. 3, c. 78, s. 61,] every such driver so offending in any of the cases aforesaid, and being convicted of any such offence, either by his own confession, the view of a justice of the peace, or by the oath of one or more credible witness or witnesses, before any justice of the peace of the limit where such offence shall be committed, or where such offender shall be apprehended, shall for every such offence forfeit any sum not exceeding forty the driver, shillings, in case such driver shall not be the owner of such carriage; and, in case the offender be the owner of such forfeit 40s.; carriage, then any sum not exceeding five pounds; and in if he be the either of the said cases [&c. as in 13 Geo. 3, c. 78, s. 61.] CXXXIII. And be it further enacted, that the trustees commission- or commissioners of any turnpike road, at a public meeting, ers may di- may, and they are hereby empowered, if they think fit, to rect prose- direct prosecutions by indictment, or otherwise, against the cutions for nuisances, offender or offenders for any nuisance or other offence done, &c. committed, or continued, in or upon any of the turnpike roads under their care respectively, or to recover any penalty or forfeiture incurred under the provisions of this or any other turnpike act, at the expense of the revenues belonging to such turnpike roads, to be allowed by such trustees or commissioners at some subsequent meeting,
owner, 57. Trustees or
CXXXVII. Provided always, and be it further enacted, Turnpikes. that no conviction shall be had or made by virtue of this
act, unless upon the view of a justice convicting, or on con- Inhabitants fession of the party accused, or upon the oath of one or good witmore credible witness or witnesses; and that any inhabitant nesses. of any parish, township, or place in which any offence shall be committed contrary to this act, shall not be deemed an incompetent witness by reason of his or her being an inhabitant of such parish, township, or place; and that any justice of the peace may act in the execution of this act, notwithstanding he may be a creditor, or a trustee or commissioner for making, repairing, and maintaining the roads on which any offence contrary to this act shall be committed.
tion of pe
CXLI. And be it further enacted, that all penalties, Recovery forfeitures, and fines by this act inflicted or authorized to and applicabe imposed, (the manner of levying and recovering, and applying whereof, is not herein otherwise directed,) shall, upon proof and conviction of the offences respectively, before any justice of the peace for the county, riding, or place where the offence shall have been committed (as the case may require), either by the confession of the party offending, or by the oath of any credible witness or witnesses (which oath such justice is in every such case hereby fully authorized to administer), be levied, together with the costs attending the information and conviction, by distress and sale of the goods and chattels of the party or parties offending, by warrant under the hand and seal of such justice (which warrant such justice is hereby empowered and required to grant); and the overplus (if any), after such penalties, forfeitures, and fines, and the charges of such distress and sale, are deducted, shall be returned, upon demand, unto the owner or owners of such goods and chattels; and in case such fines, penalties, and forfeitures shall not be forthwith paid upon conviction, then it shall be lawful for such justice to order the offender or offenders so convicted to be detained and kept in safe custody until return can be conveniently made to such warrant of distress, unless the offender or offenders shall give sufficient security, to the satisfaction of such justice, for his or their appearance before such justice, on such day or days as shall be appointed for the return of such warrant of distress, such day or days not being more than seven days from the time of taking any such security, and which security the said justice is hereby empowered to take by way of recognizance or otherwise; but if, upon the return of such warrant, it shall appear that no sufficient distress can be had thereupon, then it shall be lawful for any such justice of the peace as aforesaid, and he is hereby authorized and required, by warrant or warrants under his hand and seal, to cause such offender or offenders to be committed
Tnrnpikes to the common gaol or house of correction of the county, riding, or place, where the offender shall be or reside, there to remain, without bail or mainprise, for any time not exceeding three calendar months, unless such penalties, forfeitures, and fines, and all reasonable charges attending the same, shall be sooner paid and satisfied; and the monies arising by such penalties, forfeitures, and fines respectively, when paid or levied, if not otherwise directed to be applied by this act, shall be from time to time paid, one moiety thereof to the informer or person suing for and recovering the same, and the other moiety to the treasurer or treasurers to the trustees or commissioners for repairing and maintaining the road on which such offence shall have been committed, and applied and disposed of for the purposes of such road and of this act.
CXLII. [Justices may mitigate penalties.]
CXLIII. [Prosecutors may recover any forfeiture or penalty imposed by this or any other turnpike acts.]
CXLV. [Appeal may be made to quarter sessions. No certiorari.]
CXLVI. [Power to administer oaths.]
CXLVII. [Limitation of actions, three months. General issue. Treble costs.]
Note. Where a local turnpike act, after empowering the trustees under it to take tolls, directed that the roads should from time to time be repaired by the trustees, out of the money arising by virtue of the act, the court held that this only made the tolls an auxiliary fund in the hands of the trustees, and that the inhabitants of the township where the road was situate, who by prescription were bound to repair all roads within it, were, nevertheless, liable to be indicted for non
repair of the road. The court held also, that such inhabitants might, after conviction, apply by motion for relief against the trustees, under the thirty-third section of the repealed act of 13 Geo. 3, c. 84; which section was in the same words as the 110th of this act: R. v. Nethertong, 2 B. & A. 179. The Court of King's Bench may apportion the fine imposed by the 110th section, on an indictment preferred at the assizes and removed by certiorari: R. v. Upper Pupworth, 2 East, 413.
9 Hen. 3, c. 15.
No town nor freeman shall be distrained to make bridges nor banks, but such as of old time and of right have accustomed to make them in the time of King Henry our grandfather.
22 Hen. 8, c. 5.
A remedy. to repair decayed
Be it enacted, &c., that the justices of peace in every
shire of this realm, franchise, city, or borough, or four of Bridges. them at the least, whereof one to be of the quorum, shall have power and authority to inquire, hear, and determine, bridges in in the king's general sessions of peace, of all manner of highways, annoyances of bridges broken in the highways, to the da- and by mage of the king's liege people, and to make such process and pains upon every presentment afore them, for the reformation of the same, against such as owen to be charged for the making or amending of such bridges, as the king's justices of his bench use commonly to do, or as it shall seem by their discretions to be necessary and convenient for the speedy amendment of such bridges.
II. And where, in many parts of this realm, it cannot be Justices of known and proved what hundred, riding, wapentake, city, peace may borough, town, or parish, nor what person certain, or body against politic, ought of right to make such bridges decayed, by them who reason whereof such decayed bridges, for lack of know- ought to reledge of such as own to make them, for the most part lie pair bridges. long without any amendment, to the great annoyance of the king's subjects.
III. For the remedy thereof, be it enacted, by authority aforesaid, that in every such case, the said bridges, if they be without city or town corporate, shall be made by the inhabitants of the shire or riding within the which the said bridge decayed shall happen to be; and if it be within any city or town corporate, then by the inhabitants of every such city or town corporate wherein such bridges shall happen to be; and if part of any such bridges so decayed happen to be in one shire, riding, city, or town corporate, and the other part thereof in another shire, riding, city, or town corporate, or if part be within the limits of any city or town corporate, and part without, and part within one riding, and part within another; that then, in every such case, the inhabitants of the shires, ridings, cities, or towns corporate shall be charged and chargeable to amend, make, and repair such part and portion of such bridges so decayed as shall lie and be within the limits of the shire, riding, city, or town corporate, wherein they be inhabited at the time of the same decays.
V. And where any bridge or bridges lien in one shire or riding, and such persons inhabitants, bodies politic, lands, or tenements, which owen to be charged to the making and amending of such bridges, lien and abiden in another shire or riding, or where such bridges lien within any city or town corporate, and the persons inhabitants, bodies politic, lands, or tenements, that owen to make or repair any such bridges, lien and been out of the said cities and towns corporate; be it enacted, that in every such case, the justices of peace of the shire, city, or town corporate, within the which such decayed bridges, or any part thereof, shall