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who may bind them over to appear at the next Petty
£$. penalty on Constables refusing to execute a warrant.
How to be disposed of.
Persons aggrieved may appeal to the Quarter Sessions.
and such Justice or Justices of the Peace are hereby empowered and authorized to oblige such person or persons, so offending, to give security for his, her, or their appearing at the next Petty Sessions to be holden for the Division or Place where such offence or offences shall be committed, and for want of sufficient security to commit the person or persons so offending to the common Gaol of the County or Place where the offence shall be committed, until he, she, or they shall give such security. 8 G. 2. c. 20. s. 12.
And be it further enacted by the authority aforesaid, That if any Constable or Constables, who are hereby required to execute all Warrants by this or any former Act appointed to be issued concerning Turnpikes, shall refuse to execute any Warrant or Warrants under the hands and seals of a sufficient number of Commissioners or Trustees, authorized by any Act of Parliament for any Turnpike or Turnpikes, to levy any sum or sums of money upon any person or persons for any default, for which such person or persons are to forfeit and pay any sum or sums of money whatsoever, or shall refuse to execute any Warrant or Warrants under the hands of any Two or more Justices of the Peace, for apprehending any person or persons that shall be guilty of any offence against this Act, or if any other person or persons shall refuse to assist such Constable or Constables in apprehending such offender or offenders, then such Constable or Constables so refusing to execute such Warrant, or other person or persons so refusing to assist him, shall forfeit and pay the sum of Five Pounds to the Clerk to the Commissioners, Trustees, 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, to be levied by distress, by Warrant or Warrants under the hands and seals of Two or more Justices of the Peace of the County where such Constable or Constables, or any other person or persons so refusing, shall inhabit, to be directed to the High Constable of the Hundred where he or they shall inhabit, to be by him levied in the same manner as is before directed in case any person shall assault the Collector of the Toll, or forcibly pass through any Gate or other fence without paying the Toll. s. 13.
Provided also, that it shall and may be lawful for any person aggrieved by any Order or Orders to be made by any Two or more Justices of the Peace, as aforesaid, to appeal to the Justices of the Peace assembled at the next General Quarter Sessions to be lioklcn for the County, City, Division, Parish, or Place, where such Orders shall be made, giving reasonable notice of such appeal, the reasonableness of which notice shall be determined by the Justices of the Peace at the Quarter Sessions to which the appeal is made; and if it shall appear to them, that reasonable time of notice was not given, then they shall adjourn the said appeal to the next Quarter Sessions, and then and there finally hear and determine the same; and the Justices, who in the General Quarter Sessions shall hear the matter, shall have power to award reasonable costs to either party, as to them shall seem just, and such determination shall conclude and bind all parties concerned. 8 G. 2. c. 20. s. 14.
No Certiorari shall be granted by any Court whatsoever, for No Certiorari removing any Order or Orders, or other proceedings of any s[o* Ie^"„ted Justice or Justices of the Peace, concerning all or any of the proceeding! of matters in this Act contained, out of the proper County, City, Division, or Place, into any other Court, s. IS.
When any complaint of abuse or excess of power in the Com- Determinations missioners and Trustees appointed to put any Act of Parliament Quarter Se»ioi« made for the Repair of any Highway or Highways in execution, c£"cernihng,chGm" by erecting or setting up, or causing to be erected or set up, tinal. any Gate or Gates, Turnpike or Turnpikes, Rails, Posts, Chain or Chains, or any other Fence, hath been already made, and heard by the Justices of the Peace of the County where such Gate or Gates, Turnpike or Turnpikes, were or shall be erected or continued, in the General Quarter Sessions assembled, that such hearing of the said Justices shall be final, and their determination therein, either in favour of the Complainant, or of the said Commissioners and Trustees, shall be, and is hereby declared to be fully confirmed and established, s. 16. If any Suit or Suits shall be brought or commenced against ^5*'°TMsha11 bt
* - i • i • ?i • laKl ln the «>untjr
any person or persons for any thing done in pursuance or this where the cause Act, that in every such Case the Action shall be laid in such of KUOa ariseCounty where the Cause of Action did arise, and not elsewhere; and the Defendant or Defendants in such Action or Actions to Defendant. TMT
m plead the general
be brought may plead the General Issue, and give this Act issue,
Treble costs to defendant].
Persons wilfully damaging works on navigable rivers, shall be guilty of felony.
Persons maliciously destroying turnpike gates, &c. or posts, rails, fences, or chains, or cranes or engines, shall be guilty of felony.
Defendants; and upon such Verdict, or if the Plaintiff shall be nonsuited, or discontinue his Action after the Defendant or Defendants shall have appeared, or if upon Demurrer Judgment shall be given against the Plaintiff, the Defendant or Defendants shall and may recover treble Costs, and have the like remedy for the same as any Defendant or Defendants hath and have in other Cases to recover Costs by Law. 8 G. 2. c. 20. s. 17.
The before mentioned Statutes 5 G. 2. c. 33. and 8 G. 2. c. 20. having been suffered to expire, were revived from the 1st of June 1742, for a certain period, by Statute 15 G. 2. c. 33. s. 1. and continued by the Statute 20 G. 9. c. 47., and finally made perpetual by the Statute 27 G. 2. c. 16. But by Statute 7 G. 3. c. 40. s. 61. so much of 8 G. 2. c. 20. as relates to Turnpikes is repealed; and then by s. 86. of 13 G. 3. c. 84. it is enacted, that from and after 28 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 4 G. 3. c. 12. (s. 5.) recites " that the Laws now in being are not sufficient for the preservation of the Banks, Floodgates, Sluices, and other Works belonging to Rivers and Streams made navigable by Act of Parliament, and for the maintaining the Navigation on such Rivers and Streams;" and then enacts, that if any person or persons shall wilfully or maliciously break, throw down, damage, or destroy any Banks, Flood-gates, Sluices, or other Works, or open or draw up any Flood-gate or Flood-gates, or do any other wilful hurt or mischief to any such Navigation, so as to obstruct, hinder, or prevent the carrying on, completing, supporting, or maintaining such Navigation; every such person or persons shall be adjudged guilty of Felony, and the Court before whom such person or persons shall be tried and convicted, shall and hereby have Power and Authority to order such person or persons to be transported for Seven Years.
The Statute 13 G. 3. c. 84. (which consolidates all former relative to Turnpikes) "to prevent the malicious destroying of any Turnpike Gate or House which hath been or shall hereafter be erected," enacts (s. 42.) that if any person or persons whatsoever shall, either by Day or Night, wilfully or maliciously pull 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 Turnpike Gate, 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 parsing by without paying any Toll, laid or directed to be paid by any Act or Acts of Parliament 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 Crane, Machine or Engine, made or erected, or to be made or erected on any Turnpike Road by Authority of Parliament, for weighing Waggons, Carts, or Carriages; or shall forcibly rescue any person or persons being lawfully in Custody of any Officer, or other person for any of the Offences before mentioned ; that then aod in any of the said Cases, every person so offending, being thereof lawfully convicted, shall be adjudged guilty of Felony (1) and shall be transported to one of his Majesty's Plantations abroad for Seven Years, or shall be committed to Prison for any time not exceeding Three Years, at the discretion of the Judge or Court before whom such Offender shall be tried; and any Indictment for such Offences shall and may be enquired of, examined, tried, and determined in any adjacent County within that pail of Great Britain called England, in such manner and form as if the facts had been therein committed.
The Statute 21 G. 3. c. 20. reciting that " doubts have arisen provisions of whether the provisions contained in the former act (13 G. 3. 13G. 3-«.84
. ,. ,, , , . - _, extended to all
c. 84.) were meant and intended to extend to such Acts or lJar- ,ubsequem acts liament as shall be made for repairing particular Turnpike re!"?in8 ,0 '*
r 1 , pairing turnpike
Roads subsequent to the passing of the said recited Act; for roads.
By the Statute 22 H. 8. c. 11. reciting that ill-disposed per- c g *ons had at divers times maliciously cut, cast down, and broken up parts of the Dike called the New Powdike, in Marsh-land, in the County of Norfolk, and the broken Dike otherwise called Oldfield Dyke, by Marsh-land, in the Isle of Ely, in the County of Cambridge, by reason whereof the ground and pastures within
. (1) The offence was capital under the previous Act of 8 G. 2, c. 20.
Cutting down or breaking up dikes in marsh-land in Cambridge, Norfolk, and laic of Ely, felony.
Justices of Peace to enquire of offenders.
such Country of Marsh-land had been drowned, and the Inhabitants within the said Marsh-land, and the level of the same put to great charges; it is enacted, that every such perverse and malicious cutting down and breaking up of any part or parts of the said Dikes, or of any other Bank being parcel of the rind and uppermost part of the said Country of Marsh-land aforesaid, made for the defence and salvation of the same Country of Marshland, at any time by any person committed otherwise than in working upon the said Banks or Dikes for the repairing, fortifying, and mending of the same, be taken, reputed, and adjudged Felony; and that the Offenders and Doers of the same be adjudged Felons. And that the Justices of Peace of the said Counties within the said Isle, at their Sessions, have power to cause enquiry to be made of every such offence committed, and to award process against the Offender, with like judgement and execution, as if they had been found guilty by verdict or otherwise, as the said Justice hath used and accustomed to do upon other Felonies being Felony at the Common Law.
This Statute, which stood repealed after the Statutes 1 Ed.6. c.l 2. s. 4. and 1 M. st. 1. c. 1. s. 5., was revived by 2, 3 P. and M. c. 19.
By the Statute 27 G. 2. c. 19. (1), for draining and preserving the North Bedford Level, and Lands adjoining thereto, in the Manor of Crowland, (s. 49.) it is enacted, that for the perventing the damming up, stopping, throwing down, burning, demolishing, destroying, or damaging, any of the Rivers, Drains, Watercourses, Banks, Mills, Engines, Floodgates, Sluices, Doors, Dams, Bridges, or other Works already made or erected for or towards draining the Lands and Grounds contained within the said several Districts and Divisions, or any of them, or hereafter to be made, erected, supported, or maintained, for the purposes aforesaid, by virtue of or under the powers and authorities of this Act; if any person or persons shall at any time hereafter maliciously cut, break down, burn, demolish, or destroy any Bank, Mill, Engine, Floodgate, or Sluice already made or erected, or which shall at any time hereafter be making or erecting, or made or erected, supported or maintained, for answering the purposes aforesaid, every person or persons so offending, being thereof convicted, shall be guilty of Felony, and suffer death as Felons without benefit of clergy. And if any person or persons shall at any time hereafter maliciously stop, dam up, demolish, damage, or destroy any Rivers, Drain, Watercourse, Door, Dam, Bridge, or other Work or Works already made or erected, or which shall at any time hereafter be
(1) Which is a private Act.