Quarter Sessions to appoint Surveyors.
Surveyors, in a Week after Notice of Election, to Survey ruinous Places, and certify Sums necessary for repairing the same, &c.; and also to appoint Carts, &c. at the usual Rates; Two Justices to settle Differences.
Whereas the greatest part of the High Way betweene Attleborough and Wymondham [over Attleborough
More & Wymondham (fn. 1) ] Morley and Besthorpe Commons being part of the ancient High Way and Post
Road from London to Norwich through the County of Norfolke by reason of great and many Loads which are
weekly drawne through the same is become very ruinous and almost impassable insomuch that itt is very dangerous
to all persons that passe that way And for that the ordinary Course appointed by the Lawes and Statutes of this
Realme is not sufficient for the effectuall repaireing and amending the same neither are the Inhabitants of the
severall and respective Parishes in which the said ruinous places of the said Road doe lye of Ability to repaire the
same without some other Provision of Moneys to bee raised towards the putting the same into good and sufficient
Repaire For Remedy whereof and to the intent the same may bee forthwith effectually repaired and amended and
from tyme to tyme hereafter kept in good Repaire May itt please Your Majesty that itt may bee enacted and bee
itt enacted by the Kings most Excellent Majesty by and with the Advice and Consent of the Lords Spirituall &
[Temporall (fn. 1) ] and Commons in this present Parliament assembled and by the Authority of the same That for the
surveying ordering repaireing and keeping in repaire of the said ruinous places in the said Road the Justices of
the Peace att the Quarter Sessions to bee holden for the said County next after the passing of this Act shall and
may then and soe from tyme to tyme and in every yeare nominate and appoint a convenient number of sufficient
and able Persons resideing and inhabiteing in or neare to the ruinous places of the said Road soe to bee amended
as aforesaid to bee the Surveyors of the places aforesaid for the yeare from thence next ensueing And that the
said Justices shall cause Notice to bee given to the Surveyors soe chosen in writeing of their said Choice which
said Surveyors and every of them haveing noe lawfull Impediment to bee allowed by the said Justices by whome
they shall bee chosen in manner aforesaid or any Two of them within one weeke next after such Notice to him
or them given of their Election shall and are hereby required to meet in some convenient place neare the said
Road to the intent to view and survey the said ruinous places and consider the defects thereof and the best
Method and Meanes that can be used for the repaireing and also the severall Summes that will bee necessary for
makeing good the same and make their Certificates thereof to the Justices of the Peace att the next Quarter Sessions
to bee held for the said County who thereupon shall and may make such Order and Orders in and about the
same as to them shall seeme good which said Order or Orders soe to bee made shall bee by the said Surveyors
duely observed and performed And the said Surveyors are hereby impowered to appoint and require such Carts
and persons who are lyable to worke in the Highwayes by the Statutes already in force from tyme to tyme to
come and worke in the said places as they shall thinke needfull and appoint for which the said Surveyors shall
pay unto such Labourers and to the Owners of such Teams Carts and Waynes according to the usuall Rate of the
Countrey wherein if any Difference happen the same to bee settled by the next Two Justices of the Peace which
is to be conclusive to all Parties.
II. Extent of travelling and Time of working.
Provided neverthelesse That noe person bee compellable by this Act to travell above Foure miles from his
Dwelling House nor to worke above Two dayes in any one weeke nor att any tyme in Seed tyme, Hay tyme or
III. Surveyors may dig Gravel, &c. out of neighbouring.
Waste, &c. without paying; and may dig in adjoining Ground, making Satisfact[i]on to Owner; Gardens, &c. excepted.; Damages to be assessed by Quarter Sessions, and Pits to be filled up.
And bee it further enacted by the Authority aforesaid. That itt shall and may be lawfull for the said Surveyors
and such person and persons as they shall appoint to digg take and carry away Gravell Chalke Sand or Stones
out of the Wast or Common of any of the Parishes Townes Villages or Hamletts where any of the said ruinous
places shall or doe lye without paying any thing for the same for amending the same or where there is not
sufficient of such Materialls in any such Common or Wast Ground, to digg in the severall Grounds of any Person
or Persons in the Parishes Townes Villages or Hamletts aforesaid not being an House Garden Orchard Yard
Meadow or Parke stored with Deere Avenues and planted Walkes where any such Materialls are or may bee
found and from tyme to tyme to carry away such and soe much thereof as the Surveyors shall adjudge necessary
for the said Reparations without paying any thing for such Materialls save onely such reasonable Satisfaction to the
Owner or Occupyer of the Ground where the same shall bee soe digged and carried away for the Damage hee or
they shall thereby sustaine to bee assessed and adjudged by the said Justices att the next or any other Quarter
Sessions for the said County in case of difference concerning the same And that the Pitts and Places where and
from whence such Materialls shall bee digged and carried away for the Reparations aforesaid shall with all convenient
speed to bee adjudged by the said Justices of Peace as aforesaid or desired by the party owning such Ground be
filled up and levelled with Earth or other Materialls.
IV. Justices or Quarter Sessions to appoint Receiver or Collector of Toll.
Tolls.; Place for collecting the same.; Turnpike to be set up.; Persons refusing to pay, Collector to distrain for same and Damages.; Money paid to Surveyor.
And for defraying of the Charges in and about the Reparations to bee done in the places aforesaid Bee itt
further enacted That the said Justices or the Quarter Sessions aforesaid shall and may choose and appoint One or
more fitt person or persons to bee Receiver or Receivers Collector or Collectors of such Summe or Summes of
Money in the name of Toll or Custome to be paid for all such Horses Carts Coaches Waggons Droves and
Gangs of Cattell as in tyme to come shall passe bee lead or droven in or through the said [Way (fn. 2) ] as are
hereafter in this Act lymitted (that is to say) For every Horse One Penny For every Stage or Hackney Coach
Six pence For every other Coach Chariott or Calash Six pence For every Waggon One shilling For every
[ Cart (fn. 2) ] Six pence For every Score of Oxen or Neat Cattell Six pence and soe for every greater or lesser Number
proportionably And that from and after the passing of this Act all and every person and persons who shall travell with
Horse Coach Cart or Waggon or shall lead or drive any Oxen or other Cattell before mentioned in and through
the High way aforesaid shall and are hereby required and enacted to pay unto the said Collector or Collectors
Receiver or Receivers of Toll in that behalfe from tyme to tyme to bee appointed as aforesaid after the Rates
aforesaid The place or places for collecting the said Toll to bee upon the said Highway in or betweene Attleborough
and Wymundham aforesaid by setting upp a Turnepike or Turnepikes or otherwise as the Justices of the Peace att
the next or any future Quarter Sessions to bee held for the said County after the passing of this Act shall direct
and appoint And in case any person or persons upon demand made of Toll aforesaid by the Collector or Receiver
in that behalfe to bee appointed shall neglect or refuse to pay the same that then itt shall and may bee lawfull
to and for the said Collector or Receiver appointed for the Receipt of the said Toll upon such refusall to distraine
and detaine such Horse Cart Coach Chariott Calash Waggon Oxen or other Cattle before mentioned or any of
them untill the said Toll shall bee satisfyed and paid according to the Tenour of this present Act together with such
Damages as the party or parties soe distraineing shall sustaine in and about the makeing of the said Distresse or
by the keeping thereof which said Moneys soe to bee received shall bee paid to the said Surveyors for and towards
the amendment of the said ruinous places in the said High way according to the true meaning hereof and not
V. Surveyors, at every Easter Sessions, to account.
Overplus paid to succeeding Surveyors.; Allowance to Surveyors.; Collectors or Surveyors not accounting and paying according to order, committed till Account and Payment be made.
And bee itt further enacted by the Authority aforesaid That the said Surveyors and every of them att the
Quarter Sessions of the Peace for the said County to bee holden next after Easter in every yeare shall make and
yeild upp unto the said Justices of Peace there to bee assembled a perfect Account in writeing under their Hands
of all the Money which they or any of them have received from the said Collector or Receiver of Toll and likewise
of all theire Disbursements in and about the said High way or otherwise by reason of theire Offices And in case
any Overplus of Money soe received remaine in their Hands shall pay the same to the Surveyors to bee chosen for
the yeare ensueing to bee disbursed and laid out in mending the said Road according to the true meaneing of this
Act and not elsewhere Which said Justices to whom such Accompt shall bee given att the said Quarter Sessions
shall out of the Benefitt of the said Toll make such Allowance unto the said Surveyors for and in consideration
of theire Care and Paines taken in Execution of theire Offices and to such person or persons whoe have beene or
shall bee assisting in and about procureing the said High way to bee amended as aforesaid by advanceing or laying
out any Moneys or otherwise relateing thereto as to them shall seeme good And in case the Collector or Receiver
of the aforesaid Toll soe to bee paid as aforesaid shall not upon request duely pay the same unto the said Surveyors
for the tyme being soe to bee appointed as aforesaid or in case the said Surveyors or any of them shall not
make such Account and Payment unto the severall person and persons according to the Order Direction and
Appointment of the said Justices as aforesaid That then the said Justices att any Quarter Sessions to bee holden
for the said County shall make Inquiry concerning such Default as well by Confession of the said parties themselves
as by Testimony of One or more credible Witnesses upon Oath which Oath they are hereby impowered to
administer And if any Person or Persons shall bee thereof convicted the said Justices upon such Conviction shall
committ the party or parties soe convict to the Common Goale of the said County there to remaine without
Baile or Mainprize untill hee or they shall have made a true and perfect Account and Payment as aforesaid.
VI. Surveyors enabled to engage the Profits of the Toll for Monies borrowed for 15 Years at £6 per Cent.
Money borrowed to be distributed by Quarter Sessions.
And forasmuch as the Moneys soe to bee collected by such Receipt of the said Toll will not att present raise
such a Stock or Summe of Money as may bee sufficient for the speedy repaireing of the premisses Itt is hereby
further enacted That the said Surveyors or the more part of them for the tyme being are hereby enabled by
Order of the said Justices to bee made at the Quarter Sessions and not otherwise to engage the Profitts ariseing
by the said Toll for such Summe [and (fn. 3) ] Summes of Money by them to bee borrowed for that purpose, and by
Indenture under the Hands and Seales of the said Surveyors for the tyme being or the more part of them to
transferre the said Profitts of the said Toll and to grant and convey the same for any Tyme or Terme not exceeding
Fifteene yeares unto any person or persons that shall or will upon that Security advance any present Summe or
Summes of Money soe lent with Interest for the same after the rate of Six pounds per Centum per Annum
for every Hundred pounds which said Money soe to bee advanced shall bee distributed by the Justices att the
Quarter Sessions in the Proportions and for the Purposes aforesaid and not otherwise.
VII. Persons refusing to be or to act as Surveyors,
Penalty; Distress; In such Case, and on Surveyor dying, another to be chosen.
And bee it further enacted by the Authority aforesaid That if any person or persons not haveing any lawfull
Excuse to bee allowed as aforesaid shall neglect or refuse to take upon him or them the said Office of Surveyor
being thereunto nominated and chosen as by this Act is appointed or to doe and performe his or theire Duty in
the due and speedy Execution of this Act the said Justices att their Quarter Sessions shall and may hereby have
Power to impose on such person or persons soe refuseing or neglecting such Fine or Fines not exceeding Five
pounds upon each person soe refuseing as to them shall seeme meete and to cause the same to bee levyed by
Distresse and Sale of his or their Goods rendering to the party the Overplus if any shall bee And then and in
such case or in case of the Death of any of the said Surveyors some other Person or Persons shall bee appointed by
two or more Justices of Peace that live nearest to the party or parties soe dyeing refuseing or neglecting and
such other person or persons soe to bee appointed by the said Justices are hereby required to execute theire said
Offices in such Manner and under such Penalties as if they had beene chosen by the Justices att their Sessions
of the Peace as aforesaid.
VIII. Fines paid to Surveyors for repairing the Highway.
And bee itt further enacted by the Authority aforesaid That all Fines and Forfeitures to bee imposed or incurred
by virtue of this Act shall bee paid to the Surveyors for the tyme being for and towards the repaireing of the said
ruinous places in the said High way according to the true meaneing of this Act and not to any other person or
persons or to or for any other use or uses intent or purpose whatsoever.
IX. Action to be laid in Norfolk.
General Issue; On Action in another County, Jury to find for Defendant; Double Costs.
And bee itt further enacted by the Authority aforesaid That if any Suite shall bee commenced against any person
for any thing done in pursuance of this present Act that in every such Case the Action shall bee laid in the said
County of Norfolke and not elsewhere and the Defendant in such Action to bee brought may plead the Generall
Issue and give this Act and the Speciall Matter in Evidence att any Tryall to bee had thereupon and that the same
was done in pursueance and by the Authority of the said Act and if itt shall soe appeare to bee done or that such
Action shall bee brought in any other County that then the Jury shall find for the Defendant and upon such
Verdict and if the Plaintiffe shall bee Nonsuited or discontinue his Action after the Defendant shall have appeared
or if upon Demurrer Judgment shall bee given against the Plaintiffe the said Defendant shall have and recover
double his Costs and have the like Remedy for the same as any Defendant hath in other Cases by Law.
X. Persons passing and repassing the same Day, not to pay twice.
Liberty to carry away Stones, &c; Hay Carts not going to Market, &c. to pass Toll free; and also Soldiers on their March, and Persons riding Post.
Provided alwayes That noe person or persons haveing occasion to passe the place where the Toll is taken and
returne the same day before Eight of the Clock att Night betweene the Moneth of September, and February and
before Tenne of the Clock att Night dureing the other Moneths of the Yeare with the same Horse or with the same
Coach Chariott Calash Waggon or other Carriage unloaden or with the same Cattell shall be compelled the same
day to pay the said Toll the second tyme And further alsoe that all and every person and persons passing
through the place appointed for receiveing the Toll aforesaid and comeing from any Parish next adjoyneing to the
said Road shall have a Liberty to carry away quantities of Stones Sand Lyme or Gravell Dung Mould or Compost
of any Nature or Kind whatsoever Brick or Chalke or any Wood not goeing to any Markett And that all Carts
with Hay not goeing to any Markett or Corne in the Straw att Haytyme or Harvest Ploughs Harrowes and other
Implements of Husbandry and all other things whatsoever imployed in the husbanding stocking and manureing of
[the (fn. 4) ] severall and respective Lands in the severall and respective Parishes shall passe to and fro through the said
place where the said Toll is to bee received as aforesaid without paying any thing for theire respective passing
through the same And that itt shall and may bee lawfull alsoe for all and every Soldier and Soldiers upon theire
March and all Carts and Waggons attending them and all Persons rideing Post to passe through the said place where
the said Toll is to bee collected without paying any thing for theire passeing Any thing in this Act contained to
the contrary thereof in any wise notwithstanding.
XI. Persons chargeable to remain so.
Provided also That all and every person and persons whoe by Law are chargeable towards the repaireing the
said Highway shall still remaine soe chargeable and doe theire respective Workes in the said Highway as before
[they (fn. 5) ] used to doe therein according to the direction and appointment of the ordinary Surveyors of theire respective
Parishes Any thing herein to the contrary thereof notwithstanding.
XII. Act to be in force 15 Years, unless the Road be sooner amended, and the Money borrowed repaid.
Provided alsoe That neither this Act nor any thing herein contained shall extend to any further tyme or bee of
force any longer than the Terme of Fifteene Yeares to bee accounted from the passing of this Act And alsoe That
if att any tyme before the expiration of the Fifteene Yeares aforesaid the ruinous places in the said Highway shall
bee sufficiently amended and repaired and soe adjudged by the Justices of the Peace of the said County att theire
Quarter Sessions That then from and after such Adjudication made and Repayment of such Moneys as shall have
beene borrowed the aforesaid Toll shall cease and determine Any thing herein contained to the contrary thereof