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The punishment of such as main tain suits.
Tax. Car. 15.
Rast. 119. 417, .Vc. Regist. i8», 3.
The King's Councillors or great men, &c. shall not maintain quarrels.
And further, because the King hath heretofore ordained by Statute (1), that none of his Ministers shall take no Plea for Maintenance, by which Statute other Officers were not bounden before this time; the King will that no Officer, nor any other (for to have part of the thing in plea), shall not take upon him the business that is in suit; nor none upon any such covenant shall give up his right to another; and if any do, and he be attainted thereof, the taker shall forfeit unto the King so much of his Lands and Goods as doth amount to the value of the part that he hath purchased for such Maintenance; and for this Atteindre whosoever will shall be received to sue for the King before the Justices, before whom the Plea hangeth, and the Judgment shall be given by them; but it may not be understood hereby that any person shall be prohibited to have Counsel of Pleaders, or of learned men in the Law, for his fees, or of his Parents and next friends. 28 Ed. 1. st. 3. c. 11.
Item, because the King desireth that common right be administered to all persons, as well poor as rich; he commandeth and defendeth that none of his Counsellors, nor of his house, nor none other of his Ministers, nor no great man of the Realm by himself, nor by other, by sending of letters nor otherwise, nor none other in this Land, great nor small, shall take upon them to maintain Quarrels or Parties in the Country, to the let and disturbance of the Common Law. 1 Ed. 3. c. 14.
$ 1. In respect to Turnpikes and Highways, and Locks, Src, or
other Works on navigable Rivers erected by Authority of
(And see Titles Rivers, Sea Banks.) § 2. In respect to the Drainage qf certain Lands. § 8. By cutting the Head or Dam of any Pond or other Waters*
or the Head or Pipe of any Conduit.
(And see Title Fish Ponds.) § 4. By barking Fruit Trees, cutting standing Corn, robbing
Orchards, or breaking Hedges, fyc.
§ I. The statute 1 G. 2. st 2. c. 19., intituled " An Act for
punishing such persons as shall wilfully and maliciously pull down or destroy Turnpikes (2) for repairing Highways, or
(1) The Statute 3 Ed. 1. c. 25. See this work, ante, part the first, title Champerty, page 102.
(2) This part of the Act is repealed. See post, p. 562,
Locks, or other Works erected by Authority of Parliament, for making Rivers Navigable;" recites that whereas several ill designing and disorderly persons have in several parts of this Kingdom associated themselves together both by day and night, and cut down, pulled down, burnt, and otherwise destroyed several Turnpike Gates and Houses which have been erected by the authority of several Acts of Parliament, made for repairing diverse Roads within this Kingdom, by Tolls taken or to betaken at such Turnpikes, and thereby prevented the Toll from being received, which has lessened the security of diverse of bis Majesty's good Subjects for considerable Sums of Money, which they have advanced or lent on the credit of the said Acts, and deterred others from lending any Money on the same, and thereby the said Actsare become ineffectual, the Laws now in force not inflicting any Punishment on such Offenders suitable to their Offences; and that whereas other evil disposed persons have threatened the pulling down and destroying of Locks, Sluices, and Floodgates, erected to preserve and secure the Navigation of Rivers made Navigable, pursuant to Acts of Parliament for that purpose; for preventing such wicked and unlawful practices for the future, and for rendering the said Acts more effectual, it is enacted, that if any person persons who or persons whatsoever, from and after the 24th June J 728, shall break down shall either by day or night wilfully and maliciously break gate, &c. or any down, cut down, pluck up, throw down, level, or other- Jence> *?•be_ wise destroy any Turnpike Gate or Turnpike Gates, or any shall be imPost or Posts, Rail or Rails, Wall or Walls, or other Fence or *£££%£* Fences, belonging to any such Turnpike Gate or Turnpike whipped. Gates, erected or to be erected to prevent Passengers from passing by without paying the Toll directed to be paid by any Act or Acts of Parliament made or to be made for that purpose, every and all such person or persons so offending, being lawfully convicted thereof, upon the Oath or Oaths of One or more credible Witness or Witnesses, before any Two or more Justices of the Peace of the County, Riding, Division, City, Town, Borough, or Corporation, wherein any such Offence or Offences shall be committed, or before the Justices of the Peace in open Sessions (who are hereby authorized and empowered summarily and finally to hear and determine the same), shall be sent to the common Gaol, or else to the House of Correction, there to continue and be kept to Hard Labour for the space of Three Months, without bail or mainprize; and theaid Justices shall also order and adjudge that such Offender s
Second offence felony and transportation.
Pulling down, &c. any house erected for the use of any turnpike gate, or breaking down, &c. any lock, sluice, or floodgate on any navigable river, shall be felony, and transportation for seven years.
Defendants may plead the general
and Offenders shall be, by the Master or Keeper of such Gaol or House of Correction as aforesaid, on the first convenient Market Day, once publicly and openly whipt in such City, Town, Borough, or Corporation wherein or near which such Offence shall be committed, at the Market Cross or Market Place there, between the hours of Eleven and Two of the Clock, s. 1.
If any such person or persons so convicted shall, after the said 24th June, commit any of the Offences aforesaid a second time, or if any person or persons shall, either by day or night, wilfully and maliciously pull down or demolish any House or Houses erected or to be erected for the use and service of any Turnpike Gate or Turnpike Gates, or shall wilfully and maliciously break down or demolish any Lock, Sluice, or Floodgate erected or to be erected by authority of Parliament upon any navigable River for preserving or securing the Navigation thereof, and shall be lawfully convicted of the same respectively upon Indictment, before any of his Majesty's Justices of Assise, Oyer and Terminer, or General Gaol Delivery for the County, City, Town, Borough, or Corporation, where such offence or offences respectively shall be committed, every such person and persons so offending, and being thereof lawfully convicted, shall be adjudged guilty of Felony, and every such Felon and Felons shall be subject and liable to the like Pains and Penalties as in cases of Felony; and the Courts, by and before whom such person or persons shall be tried, shall and hereby have power and authority to transport such Felons for the space of Seven Years, in like manner as other Felons are directed to be transported by the Laws and Statutes of this Realm, s. 2.
If any action or suit shall be commenced against any person or persons for any thing done in pursuance of this present Act, in every such case the action or suit shall be commenced within Six Months next after the fact committed, and not afterwards, and shall be laid and brought in such County or Counties, Place or Places, where the cause of action shall arise, and not elsewhere; and the defendant and defendants, in such action or suit to be brought, shall and may plead the General Issue, Not Guilty, and give this Act and the special Matter in evidence at any trial to be had thereupon, and that the same was done in pursuance and by the authority of the said Act; and if it shall appear so to be done, or that such action or suit shall be brought after the time before limited for bringing the same, as aforesaid, or shall be brought in any other County or Counties, Place or Places, that then the Jury shall find for the defendant or defendants; and upon such verdict, or if the plaintiff or plaintiffs shall be nonsuited, or discontinue his, her, or their action or actions after the defendant or defendants shall have appeared, or if upon demurrer judgment shall be given against the plaintiff or plaintiffs, the defendant or defendants shall and may recover treble Costs, and have the like remedy for the same as any defendant or defendants hath or have in other cases by law. 1 G. 2. st. 2. c. 19. s. 3.
This Act shall be publicly read at every Quarter Sessions, This act shall b« and at every Leet or Law Day. s. 4. sVi'SX
So much of this Act as relates to Turnpikes, was by the »nd law days. Statute 7 G. 3. c. 40. s. 61. repealed; and by 13 G. 3. c 84. s. 86. it is enacted, that the said Act 7 G. 3. c. 40. (except so much thereof as repeals the several Acts therein mentioned J shall be and is repealed. ,
The Statute 5 G. 2. c. 33. intituled " An Act to explain, amend, and render more effectual," the Act 1 G. 1. st. 2. c 19. recites that statute; and that whereas the provisions by the said Act made for punishing such Offenders, have by experience been found to be insufficient, &c.: For remedy thereof, and for rendering the Persons malkisaid Act more effectual, be it enacted, that if any person or ^'V^"^1"8 persons whatsoever, from and after the 24th June 1732, shall gate, or post, either by day or night wilfully and maliciously break down, cut longing thereto, down, pluck up, throw down, level, or otherwise destroy any ^"beasnUjlt4°f Turnpike Gate or Turnpike Gates (1), or any Post or Posts, Rail transported for or Rails, Wall or Walls, or other Fence or Fences belonging seven 5"*"" to any such Turnpike Gate or Turnpike Gates, erected or to be erected to prevent passengers from passing by without paying the Toll directed to be paid by any Act or Acts of Parliament already made or hereafter to be made for that purpose, and shall be lawfully convicted of the same upon Indictment before any of His Majesty's Justices of Assize, Oyer and Terminer, and General Gaol Delivery for the County, City, Town, Borough, or Corporation, where such Offence or Offences shall be committed, every such person and persons so offending, and being thereof lawfully convicted, shall be adjudged guilty of Felony, and every such Felon and Felons shall be subject and liable to like pains and penalties as in cases of Felony; and the Courts, by and before whom such person or persons shall be tried, shall and hereby have power and authority to transport such Felons for the '/; / space of seven years, in like manner as other Felons are directed to be transported by the Laws and Statutes of this Realm. s> 1.
(1) See post, p. 562.
Offenders returning from transportation, shall be guilty of felony without clergy.
Charges" of Prosecution to be paid out of the tolls.
Sheriff, by order of Justices in their General Quarter Sessions, to remove unwarrantable turnpikes.
Act I G. 3. and this, continued for five years.
If sucli Offender or Offenders shall return into Great Britain or Ireland, before the expiration of the said term of seven years, contrary to the true intent and meaning hereof, or of the said Act passed in the first year of His present Majesty's reign, [1 G. 2. st. 2. c. 19.] he or they so returning shall suffer Death as Felons, and have execution awarded against them as persons attainted of Felony, without benefit of clergy. 5 G. 2. c. 33. s. 2. The Trustees, Commissioners, Proprietors, Undertakers, or other person or persons whatsoever, authorized or empowered to put in execution any Act or Acts of Parliament made or to l>e made for repairing of Highways, or making Rivers navigable, shall and may, by and out of the tolls, rates, and duties arising by virtue of any such Act or Acts of Parliament, pay and discharge the costs, charges, and expences arising or becoming due, for or by reason of any action, information, indictment, or other prosecution whatsoever, which shall or may be commenced or prosecuted for or on account of the pulling down, or otherwise destroying any Turnpike Gate, Post, Rail, or other Fence or Fences belonging to any Turnpike Gate, or any Turnpike House or Houses, or any Lock, Sluice, Floodgate, or other Works on any navigable River, erected or to be erected by authority of Parliament, s. 3.
If the Commissioners and Trustees appointed or to be appointed to put any Act of Parliament made or to be made for the repair of any Highway or Highways in execution, shall abuse or exceed their power, by erecting or causing to be erected, or continuing or causing to -be continued, any Gate or Gates, Turnpike or Turnpikes, where they have not any power by virtue of any Act of Parliament to erect such Gate or Gates, Turnpike or Turnpikes, it shall and may be lawful to and for the Justices of the Peace of the County where any such Gate or Gates, Turnpike or Turnpikes, is, are, or shall be erected or continued, in their General Quarter Sessions assembled, upon complaint of any such abuse or excess of power in such Commissioners and Trustees, in a summary way to hear and determine the same, and thereupon to order the Sheriff of the County (who is hereby authorized and required to execute such order), to remove any such Gate or Gates, Turnpike or Turnpikes, s. 4.
This Act, and also the said Act hereby explained and amended, and every article, clause, and sentence therein contained, not altered by this present Act, shall be in full force and effect for five years, s. 5. (See post, page 562, as to the revival and continuance of this Statute.)
So much of this Act as relates to Turnpikes, was by Statute 7 G. 3. c. 40. s. 61. repealed; and then by s. 86. of 13 G. S. c. 84.