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it is enacted, that from and after the 28th September 1773, the said Act 7 G. 3. c. 40. except so much thereof as repeals the several Acts therein mentioned, shall be and is repealed.
The Statute 8 G. 2. c. 20. intituled “ An Act for rendering the Laws more effectual for punishing such persons as shall wilfully and maliciously pull down or destroy Turnpikes (1) for repairing Highways or Locks, or other Works erected by Act of Parliament for making Rivers navigable, and for other purposes therein mentioned,” reciting the Statutes 1 G. 2. st. 2. c. 19. and 5 G. 2. c. 33.; and that whereas the Provisions made by the said Acts for punishing such Offenders have, by experience, been found to be insufficient; now, for rendering the said Acts more effectual, be it enacted, that if any person After May 15,
1735, persons or persons whatsoever, after the 15 May 1735, shall, either by maliciously deDay or Night, wilfully or maliciously pull down, cut down, stroying turn
"lo pike gates, or pluck up, throw down, level, or otherwise destroy any Turnpike posts, fences,
&c. belonging Gate or Turnpike Gates, or any Post or Posts, Rail or Rails, i Wall or Walls, or any Chain, Bar, or other Fence or Fences chain, bar, &c. belonging to any such Turnpike Gate or Turnpike Gates, or any other Chain, Bar, or Fence of any kind whatsoever, set up or erected, or hereafter to be set up or erected, to prevent Passengers from passing by without paying any Toll laid and directed to be paid by any Act or Acts of Parliament already made or hereafter to be made for that purpose, or any House or Houses erected or to be erected for the use of any such Turnpike Gate or Turnpike Gates, or any other Fence or Fences, or any Lock, Sluice, Flood-gate, or other Works on or locks, sluices, .
or other works any navigable River, erected or to be erected by Authority of erected by auParliament (2); or forcibly rescue any person or persons being
thority of any lawfully in Custody of any Officer or other person for any of the or rescuing per
sons in custody Offences before mentioned; that then and in any of the said for Cases, every person so offending, being thereof lawfully convicted, shall be guilty of
felony without shall be adjudged guilty of Felony, and shall suffer Death as in clergy. Cases of Felony without Benefit of Clergy. s. l. If any person or persons after the said 15 May shall wilfully Persons malici
ciouslv drawing and maliciously draw or pluck up any Flood-gate or Flood- up any floodgate gates fixed or made in any Wear or Wears, Lock or Locks, van
Sy river shall be erected or made, or hereafter to be erected or made, by Autho- imprisoned for rity of Parliament, in or upon any navigable River, for preserving the Navigation thereof; all and every such person or persons so offending, being thereof lawfully convicted upon the
(1) This part of the Act is repealed. See post, p. 562. (2) See the Statute 4 G. 3. c. 12. s. 5. post, page 562.
Oath of One or more credible Witness or Witnesses, before Two or more Justice or Justices of the Peace for the County, Riding, or Division where any such Offence or Offences shall be committed, or of the adjacent County, Riding, or Division, shall be sent to the House of Correction, there to continue and be kept to hard Labour for the space of One Month. 8 G.2.c. 20.
s. 2. Offences may be And for the better and more impartial Trial of any Indictment
djacent which shall be found, commenced, and prosecuted for the Offences counties.
committed against this Act, be it enacted, that every Offence aforesaid, that shall be done or committed contrary to this Act, shall and may be enquired of, examined, tried, and determined in any adjacent County, within that part of the Kingdom of Great Britain called England, in such Manner and Form as if
the Fact had been therein committed, s. 3. Attainders shall Provided that no Attainder for any of the Offences made Fetion of blood, &c.
lony by virtue of this Act, shall make or work Corruption of Blood, Loss of Dower, or Forfeiture of Lands or Tenements,
Goods or Chattels. s. 4. Offenders dis If any Person or Persons shall, at any Time after the said 15th covering and
May 1735, commit any of the Offences declared to be Felony convicting another guilty by this Act, and, being out of Prison, shall discover and appreof the said felo. nies shall be hend, or cause to be discovered and apprehended, One or more pardoned ; Person or Persons who shall commit any such Offence or Of
fences declared to be Felony as aforesaid, so as he, she, or they shall be thereof lawfully convicted, every such Person or Persons, on Conviction of the Offender or Offenders so to be apprehended, shall have, and is hereby intituled to His Majesty's most gracious Pardon for the Felonies aforesaid, which he, she,
or they shall have committed, at any Time or Times before such which shall bar Discovery made, which Pardon shall be likewise a good Bar to an appeal.
any appeal brought, or to be brought, for any such Felony. s. 5.
From and after the said 15th May, the Inhabitants of every shall make satis- Hundred, in that part of the Kingdom of Great Britain called faction for damages done England, within which such Offence or Offences shall be comorks. mitted, by pulling down or otherwise destroying any Turnpike
Gate or Gates, or any Post or Posts, Rail or Rails, Wall or
to such works.
Floodgate, or any Works erected or to be erected by Authority of Parliament upon any Navigable River, for preserving or securing the Navigation thereof, shall make full Satisfaction for the Damages that shall be thereby suffered; and the said Recovery and
application of Damages shall and may be recovered by Action of Debt, Bill, such damages. Plaint, or Information, in any of His Majesty's Courts of Record at Westminster, by and in the Name of the Clerk of the Peace of the County for the time being, wherein such Offence or Offences shall be committed, without naming the Christian Name or Surname of the Clerk of the Peace; and the said Damages, so to be recovered, shall be to the only Use and Behoof of the Trustees, Commissioners, Proprietors, or Undertakers of any Turnpike or Navigable River, to be by them applied and disposed of to the several Uses and Purposes, and in such Manner, as the several Tolls, Rates, and Duties, by virtue of any Act or Acts of Parliament made or to be made, are or shall be applied and disposed of; the Sum to be recovered against the Inhabitants Such damages of such Hundred as shall by this Act be made liable to answer
w shall not exceed all or any Part thereof, not exceeding for any Offence the Sum offence. of Twenty Pounds; and all and every the Inhabitants of such
rateably taxed, Hundred shall be rateably and proportionably taxed for and towards an equal Contribution for the Relief of such Inhabitant or Inhabitants against whom Execution for such Damages shall be had and levied, which Tax shall be levied and raised by such Ways and Means, and in such Manner and Form, as is as in Hue and
Cry by 27 Eliz. prescribed and mentioned for the levying and raising Damages recovered against Inhabitants of Hundreds, in case of Robberies, in and by an Act, intituled An Act for the following Hue and Cry [made 27 Eliz.] 8 G. 2. c. 20. s. 6.
Provided always, that where any Offence shall be committed On conviction of against this Act, and any one or more of the said Offenders fenders within shall be apprehended and lawfully convicted of such Offence twelve months,
the hundred or within Twelve Months next after such Offence shall be com- inhabitants mitted, any Hundred, or Inhabitants thereof, subject or liable having made
satisfaction, shall to make any Satisfaction for the Damages that shall be sustained be repaid out of by any of the Offences aforesaid, and who shall have made the such Satisfaction, shall, upon such Conviction of any one or more of the said Offenders within the time aforesaid, be repaid the sums they have paid for such Satisfaction out of the Tolls of the Turnpike which shall be so pulled down; any thing herein contained to the contrary notwithstanding. s. 7. If any Clerk of the Peace of or in any County within that Actions com
menced by a part of Great Britain called England shall at any time hereafter Clerk of the
one or more of.
Peace shall not commence or prefer any such Action, Bill, Plaint, or Inbe discontinued by his death. formation, and shall, after the same so sued, commenced, or pre
ferred, happen to die or be removed out of his Office before Recovery and Execution had, no such Action, Bill, Plaint, or Information, sued, commenced, or preferred, shall, by such displacing or death, be abated or discontinued; but it shall and may be lawful to and for the Clerk of the Peace next succeeding in the said County to prosecute, pursue, and follow all and every such Action, Bill, Plaint, or Information so depending, for such Damages as shall be sustained by any such Offence or Offences as aforesaid, in such Manner and Form, to all intents and purposes, as the Clerk of the Peace might have done who first preferred
the said Action, Bill, Plaint, or Information. 8 G. 2. c. 20. s. 8. Action for re- Provided nevertheless, that no Action of Debt, Bill, Plaint, or covering damages Information shall be had, sued, or prosecuted, to recover any shall not lie, un less information Damages by virtue of this Act, unless Information upon Oath thereof be made before a Magis
se shall be made thereof, within Six Days, before some Justice of trate within six the Peace of the County, Liberty, or Division where such Offence
or Offences shall be committed inhabiting within the said Hundred, or near the same. s. 9.
Provided also, that no Action of Debt, Bill, Plaint, or Inand the suit
formation shall be had, sued, or prosecuted, to recover any within six months after Damages to be sustained by reason of any Offence or Offences such offence
to be committed contrary to this Act, against any Inhabitant of committed.
any Hundred where such Offence or Offences shall be committed, except such Action or Suit shall be commenced within Six
Months next after such Offence shall be committed. s. 10. Persons assault
And be it further enacted by the authority aforesaid, that if ing or threaten any person or persons shall assault any Collector or Collectors ing collectors of tolls,
of the Toll, or threaten him or them in the execution of his or orcibly pass. their Office or Offices, or shall forcibly pass through any Turning through pike Gotoc.
pike Gate or Gates, Rail or Rails, Chain or Chains, or other turnpikes, &c. ? without paying Fence or Fences, set up or to be set up by authority of Parliacoll;
ment, without paying the Toll appointed to be paid at such
prv. Gate or other Fence; or if any person or persons shall forcibly ing away such carry away or detain any Collector or Collectors of the Toll, so collector,
as he, she, or they shall not be able to return to their duty for the space of Three Days, that then and in any of the said Cases the party or parties so offending, upon conviction by Oath of one or more credible Witness or Witnesses, before Two or more Justices of the Peace of the County, Liberty, or Division where such Offence or Offences shall be committed, inhabiting near the said Division or Place (who are hereby empowered to summon
offending, and of Five Pounds, Constable ES
the party or parties so offending, and to hear and determine such Offences) shall forfeit and pay the sum of Five Pounds, one moiety shall for the first thereof to the Informer, and the other moiety to the Constable of the Parish where such Offence shall be committed, in trust for and to the only use and behoof of the Trustees, Commis. sioners, Proprietors, or Undertakers of any Turnpike or Navigable River, to be by them applied and disposed of for the several uses and purposes, and in such manner, as the several Tolls, Rates, and Duties, by virtue of any Act or Acts of Parlia'ment made or to be made, are or shall be directed to be applied and disposed of, after allowing thereout to such Constable such satisfaction for his trouble as the said Trustees, Commissioners, or Undertakers, or any Five or more of them, shall adjudge reasonable, to be levied by Warrant or Warrants under the Hands and Seals of the said Justices of the Peace, or any Two or more of them, by Distress and Sale of the Goods and Chattels of the Offender or Offenders, rendering the Overplus to the owner; and for want of sufficient distress, then the party or parties so offending shall, by Warrant under the Hands and Seals of such Two Justices, or more of them, be sent to the common Gaol of the County where such Offence shall be committed, there to remain without Bail or Mainprize for the space of Six Months, unless he, she, or they shall be sooner discharged by the Order of the Justices at the Quarter Sessions of the Peace to be holden for the County where such Offence shall be committed ; and if £10. for the
second and third such party or parties shall offend a second or third time, upon of Conviction thereof in Manner aforesaid, he or they so offending shall forfeit and pay the Sum of Ten Pounds, to be levied by Distress in manner aforesaid ; and for want of sufficient Distress shall, for every such Offence after the First, be sent by Two or more Justices of the Peace of the County where such Offence shall be committed to the common Gaol of the said County, by such Warrant or Warrants as last before mentioned, for One whole Year, without Bail or Mainprize; and shall also, before he, she, and shall also find
sureties at the or they shall be discharged out of Custody, give Security at the sessi General Quarter Sessions of the County for his, her, or their seven years. Behaviour for Seven Years. 8 G. 2. c. 20. s. 11.
It shall and may be lawful to and for such Collector or Col- Collectors of toll lectors of the Toll, to seize and detain any person or persons
may seize perguilty of the offences before mentioned, and such person or last-mentioned
offences, and persons to carry before One or more Justice or Justices of the carry Peace for the County or Place where such offence shall be com- fore a Justice, mitted, without any Warrant or other authority for so doing;