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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 except so much thereof as repcals the several Acts therein mentioned, shall be and is repealed.

1735, persons

stroying turnposts, fences, thereto, or any &c. belonging chain, bar, &c.

pike gates, or

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, or persons whatsoever, after the 15 May 1735, shall, either by maliciously deDay or Night, wilfully or maliciously pull down, cut down, pluck up, throw down, level, or otherwise destroy any Turnpike Gate or Turnpike Gates, or any Post or Posts, Rail or Rails, Wall or Walls, or any Chain, Bar, or other Fence or Fences 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 any navigable River, erected or to be erected by Authority of Parliament (2); or forcibly rescue any person or persons being lawfully in Custody of any Officer or other person for any of the or rescuing perOffences before mentioned; that then and in any of the said for such offences, Cases, every person so offending, being thereof lawfully convicted, shall be guilty of shall be adjudged guilty of Felony, and shall suffer Death as in clergy. Cases of Felony without Benefit of Clergy. s. 1.

or locks, sluices, erected by authority of any act of parliament,

or other works

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sons in custody

felony without

ciously drawing

If any person or persons after the said 15 May shall wilfully Persons maliciand 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, on any navigable 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.

one month.

Offences may be tried in adjacent

counties.

Attainders shall

tion of blood, &c.

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.

And for the better and more impartial Trial of any Indictment which shall be found, commenced, and prosecuted for the Offences 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.

Provided that no Attainder for any of the Offences made Fenot work corrup- 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 discovering and convicting another guilty

of the said felo. nies shall be pardoned;

If any Person or Persons shall, at any Time after the said 15th May 1735, commit any of the Offences declared to be Felony by this Act, and, being out of Prison, shall discover and apprehend, or cause to be discovered and apprehended, One or more Person or Persons who shall commit any such Offence or Offences 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 any appeal brought, or to be brought, for any such Felony. s. 5.

an appeal.

The hundred

shall make satis faction for damages done to such works.

From and after the said 15th May, the Inhabitants of every Hundred, in that part of the Kingdom of Great Britain called England, within which such Offence or Offences shall be committed, by pulling down or otherwise destroying any Turnpike Gate or Gates, or any Post or Posts, Rail or Rails, Wall or Walls, belonging to any Turnpike Gate, or Gates, or any Chain, Bar, or Fence, or any House or Houses, set up or erected, or to be set up or erected, for the use or service of collecting the Tolls, at any Place appointed by the Commissioners, or any Five or more of them, acting under any Act or Acts of Parliament, enabling them to act as Commissioners for amending any Road or Roads, Highway or Highways, or any Lock, Sluice, or

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

application of

the Damages that shall be thereby suffered; and the said Recovery and 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 all or any Part thereof, not exceeding for any Offence the Sum of Twenty Pounds; and all and every the Inhabitants of such Inhabitants to be 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 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.

shall not exceed 201. for one

offence.

as in Hue and

Cry by 27 Eliz.

On conviction of fenders within

one or more of

the hundred or

Provided always, that where any Offence shall be committed against this Act, and any one or more of the said Offenders shall be apprehended and lawfully convicted of such Offence twelve months, 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 tolls. 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 part of Great Britain called England shall at any time hereafter

Actions com-
Clerk of the

menced by a

Peace shall not be discontinued by his death.

commence or prefer any such Action, Bill, Plaint, or Information, and shall, after the same so sued, commenced, or preferred, 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. Provided nevertheless, that no Action of Debt, Bill, Plaint, or covering damages Information shall be had, sued, or prosecuted, to recover any Damages by virtue of this Act, unless Information upon Oath shall be made thereof, within Six Days, before some Justice of 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.

Action for re

shall not lie, un

less information before a Magis

thereof be made

trate within six days,

and the suit commenced within six months after such offence committed.

Persons assaulting or threaten

ing collectors of

tolls,

or forcibly pass ing through turnpikes, &c. without paying toll;

or forcibly carry. ing away such collector,

Provided also, that no Action of Debt, Bill, Plaint, or Information shall be had, sued, or prosecuted, to recover any Damages to be sustained by reason of any Offence or Offences to be committed contrary to this Act, against any Inhabitant of 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.

any

And be it further enacted by the authority aforesaid, that if any person or persons shall assault any Collector or Collectors of the Toll, or threaten him or them in the execution of his or their Office or Offices, or shall forcibly pass through any Turnpike Gate or Gates, Rail or Rails, Chain or Chains, or other Fence or Fences, set up or to be set up by authority of Parliament, without paying the Toll appointed to be paid at such Gate or other Fence; or if any person or persons shall forcibly carry away or detain any Collector or Collectors of the Toll, so 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

£5.

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 offence forfeit of the Parish where such Offence shall be committed, in trust for and 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 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 Parliament 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 such party or parties shall offend a second or third time, upon offence, 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, or they shall be discharged out of Custody, give Security at the sessions for General Quarter Sessions of the County for his, her, or their seven years. Behaviour for Seven Years. 8 G. 2. c. 20. s. 11.

second and third

and shall also find

sureties at the

Collectors of toll

sons guilty of the last-mentioned carry them be

may seize per

offences, and

It shall and may be lawful to and for such Collector or Collectors of the Toll, to seize and detain any person or persons guilty of the offences before mentioned, and such person or persons to carry before One or more Justice or Justices of the 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;

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