Recital that many Persons had extorted Money from Owners of Waggons, &c. under Colour of 22 Car. II. c. 12. §7.
Regulations as to Draught of Carriages; Penalty; Levied as by.; 22 Car. II. c. 12; Parish Surveyor to receive Penalties, and account for the same to Special Sessions held pursuant to 3 W. & M. c. 12. §8. Penalties to be employed according to the last-mentioned Act.
Whereas many evil disposed Persons assuming to themselves the Names and Titles of the Kings General or
Deputy Surveyors of the High-ways and other Persons without any legal Authority for the same have of late
Yeares by Threats false Informations and other illegal Ways extorted and gotten great Su[m]ms of Money from several
Owners of Waggons and Carriages of this Kingdom under Colour and by Force of the wording of a certaine Clause
in a certaine Act of Parliament entituled (An Additional Act for the better repairing of Highways and Bridges)
made in the Two and twentieth Yeare of our late Sovereigne Lord King Charles the Second containing these Words
That from and after the Foure and twentieth Day of June therein mentioned no Travelling Waggon Wayne Cart or
Carriage wherein any Burthens Goods or Wares are or shall bee carried (other than such Carts and Carriages as are
employed in and about Husbandry and manuring of Lands and in the carrying of Hay Straw Corne unthresht
Coal Chalk Timber for Shipping Materials for Building Stones of all sorts or such Ammunition or Artillery which
shall be for His Majesty's Service shall att any time travel or bee drawne or goe in any co[m]mon or publick Highway
or Road with above Five Horse Beasts att length And if any shall draw with a greater Number of Horses or Oxen
they shall all draw in Paires that is to say Two a breast for such a number as they shall use except one Horse
contrary to the Equity true intent and meaning of the said Clause. For prevention of such Extortion and Oppression
for time to come and the better Explanation of the said Clause Be it therefore enacted by the Kings most Excellent
Majesty by and with the Advice and Consent of the Lords Spiritual and Temporal and the Co[m]mons in this present
Parliament assembled and the Authority thereof That for the better repairing and amending of the said Highways
and the better Application of the Forfeitures in and about the same every Owner of any Waggon Cart Carriage
Horse Beast or Oxen offending contrary to this present Act shall forfeit the su[m]m of Fourty Shillings and no more
for every respective Offence to the Surveyor or Surveyors of the High-ways of the Parish Towne Village or Hamlett
where any the said Offences shall bee co[m]mitted to be paid to the Surveyor or Surveyors and to noe other Person
or Persons whatsoever which said Forfeiture and Forfeitures shall be levied in such manner as the Penalties in the
said recited Act imposed on every Constable or Surveyor of the Highways for refuseing or neglecting to put in
Execution the several Acts of Parliament for or touching the repairing amending or enlarging of such Highways
are directed and appointed and no otherwise And the said Parish Surveyor and Surveyors for the time being are
hereby authorized & required to take and receive the said Forfeiture and Forfeitures and to pay in and account for
the same respectively upon Oath to the Justices of the Peace att their Special Sessions holden once in Foure Months
pursuant to an Act of Parliament in the Second and Third Yeares of our said [Sovereigne (fn. 1) ] Lord King William and
the late Queen of Gracious Memory which said Forfeiture and Forfeitures are to be employed in and about the
Repaires of the Highways in the respective Parish or Parishes Towne Village or Hamlett where such Forfeitures are
or were committed according to the Direction and Appointment of the last mentioned Statute and no otherwise Any
thing in the said Act of the Two and twentieth of King Charles the Second or of any other Law or Statute to the
contrary thereof notwithstanding.
II. Recital of 22 Car. II. c. 12. §7. and that the said Act has been evaded.
Number of Horses allowed to Carriages as herein described, (Exception); Penalty 40s.; If not paid in Three Days after Distress, Proceedings.
And whereas by a Statute made in the Two and twentieth Yeare of King Charles the Second intituled An additional
Act for the better repairing of High-ways and Bridges Itt is enacted That no Waggon Wayn Cart or Carriage
(except as therein excepted) shall att any time travel or be drawn or goe in any Co[m]mon or Publick High-way or
Road with above Five Horse Beasts att length and if any shall draw with a greater Number of Horses or Oxen
they shall all draw in Paires And whereas to avoid the Intention of the said Act the Waggoners have fixt an Iron
or Shaft on the side of the Wagggon whereby none of the Horses goe in a line with the Wheels and those which
draw on the side make the Rut deeper and thereby the more impaire the Highways For Remedy whereof be it
enacted by the Authority aforesaid That from and after the First day of August which shall be in the Yeare of
our Lord One thousand six hundred ninety and six no Travelling Waggon Wayn Cart or Carriage wherein any
Burthens Goods or Wares are or shall be carried or drawne for Hire (other than such Waggon Cart or Carriages
as are imployed in or about Husbandry or manuring of Lands and in the carrying of Hay Straw Corne unthresht
Coal Chalk Timber Materials for Building Stones of all sorts or such Am[m]unition or Artillery or shall be for His
Majesties Service) shall att any one time travel or be drawne or goe in any co[m]mon or publick Highway with above
Eight Horses and not with above Eight Oxen and One Horse or Six Oxen and Two Horses or Two Oxen and Six
Horses or Foure Oxen and Foure Horses Which said Horses or Horses and Oxen shall draw in Pairs with a Pole
between the ( (fn. 2) ) Wheel-Horses or in double Shafts and the other Horses to draw in a Line with the Wheel-Horses or
Oxen in the same manner as they usually draw in Coaches upon paine that every Owner of such Waggon Wayne
Cart Carriage Horse or Oxen shall forfeit for every such Offence the su[m]m of Forty Shillings Two Third Parts
whereof shall bee to the Use of the Highways and the other Third Part to the Informer to bee levied by Distresse
of any one of the said Horses or Oxen by the Constable Tythingman Headborough Surveyor of the Highways or
Overseer of the Poor of the Parish or Place where the said Offence is or shall be co[m]mitted or any of them And
in case the Penalty bee not paid within Three Days after such Distresse that then it shall and may be lawfull for
the Person so distrayning to sell the same restoring the Overplus to the Owner thereof the Charges of distrayning
selling and keeping being first deducted Any thing in this or any other Law to the contrary in any wise
III. If any Vill, &c. has employed the Rate of 6d. in the Pound, and Highways not repaired, the whole Parish to contribute.
Provided always and be it enacted by the Authority aforesaid That if any Jushipp Liberty Precinct or Vill that
uses to repaire their owne High-ways shall have levied the Rate of Sixpence in the Pound and imployed the same
toward the Repaire of the Highways and yet the said High-ways are not sufficiently repaired that then and in such
Cases it shall and may be lawfull for the Justices of the Peace att their special Sessions to bee held every Foure
Months for the consideration of the High-ways to order the whole Parish to contribute to the repairing thereof.
IV. Persons having Land of £50 per Annum, adjudged to have a Plough Land within the Statutes.
And be it further enacted by the Authority aforesaid That any Person that shall have in his or her Occupation
Wood Land or other Land to the value of Fifty pounds per Annum shall bee adjudged and deemed to have a
Plow Land as to all or any of the Purposes within any of the Statutes heretofore made of or concerning the High-ways
Any thing in them or any Usage or Custome to the contrary in any wise notwithstanding.
Pulling up Post Blocks, &c. placed to secure Horse or Foot Causeys; Penalty 20s.
And whereas it hath been found necessary to secure Horse-Causeys or Causeys for Horses and Foot Causeys to
travel upon in Publick Highways by Posts Blocks or great Stones fixed in the Ground or by Banks of Earth- cast
upp or otherwise from being broken upp and spoiled with Waggons Wayns or Carts And forasmuch as several
evil-disposed Persons doe frequently pull upp cutt downe and remove the said Posts Blocks and great Stones so
fixed as aforesaid and alsoe digg and cast downe the said Banks which are the Securities and Defences of the said
Causeys whereby the Causeys are often ruined and destroyed: For Remedy whereof be it enacted by the Authority
aforesaid That from and after the said Foure and twentieth day of June every Person who shall pull upp cutt downe
or remove any Post Block Great Stone Banke of Earth or other Security which was sett upp placed and made for
securing the said Horse and Foot-Causeys from Waggons Wayns and Carts shall (upon Complaint thereof made to
any Justice of the Peace of the Place or Division where such Offence shall bee proved to bee done by the Oath of
any one credible Witnesse which Oath such Justice is hereby impowered to administer or upon view of the Justice
himselfe) forfeit for every of the said Offences the su[m]m of Twenty shillings One Moiety thereof to the Surveyors
of the High-ways of the Parish Towne or Division where any of the said Offences shall bee co[m]mitted to bee employed
in the Repaires of the said High-ways and the other Moiety [thereof (fn. 3) ] to him that shall discover the same to bee
levied in manner as aforesaid.
VI. General Surveyor, &c. of the King's private Roads, compounding, &c. with Carrier, &c.
And bee it further enacted by the Authority aforesaid That in case any General Surveyor or Deputy Surveyor
or Supervisor of His Majesties owne Private Roads or other Person or Persons shall make any Composition or Deemand
take or receive any Sume or Summes of Money or other Reward whatsoever of any Carrier Waggoner or other
Person or Persons upon the account of drawing with any Number of Horses or Oxen otherwise than as is appointed
by this Act or for any other Offence in relation to the High-ways that every such Person or Persons so offending
shall forfeit for every such Offence the Summe of Forty Pounds One Moiety whereof shall bee applied to the Repaire
of the said High-ways and the other Moiety to the Use of such Person who shall sue for the same to bee recovered
by Action of Debt Bill Plaint or Information wherein noe Essoigne Protection Priveledge or Wager of Law shall bee
allowed nor any more then one Imparlance Any Law Statute or Usage to the contrary notwitstanding.
||interlined on the Roll.
||interlined on the Roll.