[No. XXXVII.] 5 George II. c. 33.-An Act to explain, amend, and render more effectual an Act passed in the first Year of his present Majesty's Reign, intituled, An Act for punishing such Persons as shall wilfully and maliciously_pull down or destroy Turnpikes for repairing Highways, or Locks or other Works erected by Authority of Parliament for making Rivers navigable. 5 Geo. II. c. 33. 1 Geo. 2. st. 2. C. 19. Euforced by 8 Geo. 2. c. 20. After 24 June 1732 maliciously destroy. ing turnpikes, felony. WHEREAS an Act of Parliament passed in the first year of his pre- No. XXXVII. sent Majesty for punishing such persons as should wilfully and maliciously pull down or destroy turnpikes (1) for repairing highways, or locks or other works erected by authority of Parliament for making rivers navigable: And whereas the provisions by the said Act made for punishing 'such offenders have by experience been found to be insufficient?' For remedy thereof, and for rendering the said Act more effectual, be it enacted by the King's most excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, That if any person or persons whatsoever, from and after the twenty-fourth day of June, in the year of our Lord one thousand seven hundred and thirty-two, shall either by day or night wilfully and maliciously break 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 other fence or fences belonging 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 Transportaof seven years, in like manner as other felons are directed to be transport- tion. ed by the laws and statutes of this realm. II. And be it further enacted by the authority aforesaid, That if such Returning offender or offenders shall return into Great Britain or Ireland before the from transporexpiration of the said term of seven years, contrary to the true intent and tation, death. meaning hereof, or of the said Act passed in the first year of his present Majesty's reign, intituled, An Act for punishing such Persons as shall wil- 1 Geo. 2. st. 2. fully and maliciously pull down or destroy Turnpikes for repairing Highways, c. 19. enforced or Locks, or other Works erected by the authority of Parliament for making 8 Geo. 2. c. 20. Rivers navigable, 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. tolls. III. And be it further enacted by the authority aforesaid, That the trus- Charges of tees, commissioners, proprietors, undertakers or other person or persons prosecution to whatsoever authorized or impowered to put in execution any Act or Acts paid out of the of Parliament made or to be 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 (1) By 7 Geo. III. c. 40. all former general provisions relative to turnpikes were repealed; and 7 Geo. III. (except as to so much as re pealed former Acts), is repealed by 13 Geo. III. c. 84. § 86. Pt. VI. Cl. XXII. No. 2. No. XXXVII. Sheriff, by order of justices in their general quarter-sessions, to remove unwar houses, or any lock, sluice, flood-gate or other works, on any navigable river, erected or to be erected by authority of Parliament. IV. And be it enacted by the authority aforesaid, That 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 rantable turn- where any such gate or gates, turnpike or turnpikes is, are, or shall be pikes. 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. Act 1 Geo. 2. st. 2. c. 19. and this, continued for 5 years. Made perpetual by 27 Geo. 2. c. 16. P. No.XXXVIII. 6 Geo. II. c. 37. V. And be it further enacted by the authority aforesaid, That 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 from henceforth continue and be in full force and effect for the term of five years, to be computed from the twenty-fourth day of June one thousand seven hundred and thirty-two, and from thence to the end of the then next session of Parliament, and no longer. [No. XXXVIII.] 6 George II. c. 37.-An Act for making perpetual the several Acts therein mentioned * * * * * * * * and to prevent the cutting or breaking down the Bank of any River or any Sea Bank; and to prevent the malicious cutting of Hop-binds; and for other purposes. V. AND be it further enacted by the authority aforesaid, That if any person or persons, from and after the twenty-fourth day of June, which shall be in the year of our Lord one thousand seven hundred and thirty-three, and during the continuance of the last before-mentioned Acts, shall unlawfully and maliciously break down or cut down the bank or banks of any river, or any sea bank, whereby any lands shall be overflowed or damaged, every person so offending, being thereof lawfully convicted, banks of rivers, shall be adjudged guilty of felony, and shall suffer death as in cases of &c. felony felony without benefit of clergy. Maliciously destroying without clergy. VI. And be it further enacted by the authority aforesaid, That if any Malicious cut- person or persons, from and after the twenty-fourth day of June, one thouting hop-binds, sand seven hundred and thirty-three, shall (during the continuance of the felony without before-mentioned Act, intituled, An Act for the more effectual punishing wicked and evil-disposed Persons, going armed in Disguise, and doing Injuries and Violences to the Persons and Properties of his Majesty's Subjects, and for the more speedy bringing the Offenders to Justice) unlawfully and maliciously cut any hop-binds growing on poles in any plantation of hops, every person or persons so offending, being thereof lawfully convicted, shall be adjudged guilty of felony, and shall suffer death as in cases of felony, without benefit of clergy (1). clergy. V. (1) For other Parts, see Vol. III. [No. XXXIX.] 8 George II. c. 20.-An Act for rendering the Laws more effectual for punishing such Persons as shall wilfully and maliciously pull down or destroy Turnpikes for repairing Highways, or Locks, or other Works See note to No. 37, ante. erected by Act of Parliament for making Rivers navigable, No. XXXIX. and for other Purposes therein mentioned. WHEREAS an Act of Parliament passed in the first year of his present 8 Geo. II. c. 20. maliciously pull down or destroy Turnpikes for repairing Highways, or 1 Geo. II.c.19. Locks, or other Works erected by authority of Parliament for making 'Rivers navigable; and in the fifth year of his present Majestys reign, 5 Geo. II. c.33. another Act passed to explain, amend, and render more effectual the said Act: And 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 by the King's most excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, That if any person or persons whatso- Persons maliever, after the fifteenth day of May in the year of our Lord one thousand ciously deseven hundred and thirty-five, shall, either by day or night, wilfully or stroying turnmaliciously pull down, pluck up, throw down, level, or otherwise destroy pikes, &c. 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 Locks or any navigable river erected, or to be erected by authority of Parliament; sluices erected or forcibly rescue any person or persons being lawfully in custody of any by Parliament, officer or other person, for any of the offences before-mentioned; that then or rescuing and in any of the said cases, every person so offending, being thereof persons in cuslawfully convicted, shall be adjudged guilty of felony, and shall suffer tody for such death as in cases of felony, without benefit of clergy. offences, to suffer death. II. And be it further enacted, That if any person or persons after the A month's imsaid fifteenth day of May, shall wilfully and maliciously draw or pluck up prisonment on any flood-gate or flood-gates, fixed or made in any wear or wears, lock or malicious locks, erected or made, or hereafter to be erected or made, by authority drawing up of Parliament, in or upon any navigable river for preserving the navigation flood gates, thereof; all and every such person or persons so offending, being thereof &c. lawfully convicted upon the 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. III. 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 by the authority aforesaid, That every Offences may offence aforesaid that shall be done or committed contrary to this Act, shall be tried in any and may be enquired of, examined, tried and determined in any adjacent adjacent county within that part of the kingdom of Great Britain called England, county. in such manner and form as if the fact had been therein committed. IV. Provided that no attainder for any of the offences made felony by virtue of this Act shall make or work corruption of blood, loss of dower, or forfeiture of lands or tenements, goods or chattels. Attainder on this Act not to work corruption of blood, V. And be it further enacted by the authority aforesaid, That if any person or persons shall, at any time after the said fifteenth day of May in the &c. year of our Lord one thousand seven hundred and thirty-five, commit any of Persons discothe offences declared to be felony by this Act, and being out of prison, vering and shall discover and apprehend, or cause to be discovered and apprehended, others guilty one or more person or persons who shall commit any such offence or of the said offences declared to be felony as aforesaid, so as he, she, or they shall be felonies shall thereof lawfully convicted, every such person or persons, on conviction of be pardoned. convicting No. XXXIX. the offender or offenders so to be apprehended, shall have, and is hereby 8 Geo. II. entitled 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 c. 20. such discovery made, which pardon shall be likewise a good bar to any appeal brought or to be brought for any such felony. damages. The hundred VI. And be it further enacted by the authority aforesaid, That from and to answer the after the said fifteenth day of 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 and 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 flood-gate, 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 How to be re- full satisfaction for the damages that shall be thereby suffered; and that covered, the said damages shall and may be recovered by action of debt, bill, 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 of such hundred as shall by this Act be made liable to answer all or part thereof, not exceeding, for any offence, the sum of twenty pounds; and all and every the inhabitants of such 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 the inhabitants of hundreds in cases of robberies, in and by an Act, intituled, An Act for the following Hue and Cry, made in the twenty-seventh year of the reign of Queen Elizabeth. and applied. The said damages not to exceed 201. for one offence. ants to be rate- On conviction of one or more offenders in 12 months, the hundred or inhabitants to be repaid out of the tolls. Actions commenced by a clerk of the VII. Provided always, and be it further enacted by the authority aforesaid, 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 within twelve months next after such offence shall be committed, any hundred or inhabitants thereof, subject or liable to make any satisfaction for the damages that shall be sustained by any of the offences aforesaid, and who shall have made 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 so be pulled down; any thing herein contained to the contrary notwithstanding. VIII. And be it further enacted by the authority aforesaid, That if any clerk of the peace of or in any county within that part of Great Britain called England, shall at any time hereafter commence or prefer any such action, bill, plaint or information, and shall, after the same so sued, combe discontinu- menced or preferred, happen to die, or be removed out of his office before peace not to ed on his death. recovery and execution had, that 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 No. XXXIX. clerk of the peace might have done, who first preferred the said action, bill, plaint or information. 8 Geo. II. c. 20. IX. Provided nevertheless, That no action of debt, bill, plaint or 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 No action for before some justice of the peace of the county, liberty or division where recovering dasuch offence or offences shall be committed, inhabiting within the said mages, unless hundred, or near the same. information and the suit X. Provided also, That no action of debt, bill, plaint or information, made within shall be had, sued or prosecuted, to recover any damages to be sustained 6 days, by reason of any offence or offences to be committed contrary to this Act, commenced in against any inhabitant of any hundred where such offence or offences shall 6 months after be committed, except such action or suit shall be commenced within six the offence months next after such offence shall be committed (1). (1) The subsequent sections are repealed by the general Turnpike Act, 13 Geo. III. c. 84. [No. XL.] 10 George II. c. 32.-An Act for continuing An Act for the more effectual punishing wicked and evildisposed Persons, going armed in Disguise, and doing Injuries and Violences to the Persons and Properties of his Majesty's Subjects, and for the more speedy bringing the Offenders to Justice; and for continuing two Clauses to prevent the cutting or breaking down the Bank of any River, or Sea-Bank; and to prevent the malicious cutting of Hop-binds, contained in an Act passed in the sixth Year of his present Majesty's Reign; and for the more effectual Punishment of Persons removing any Materials used for securing Marsh or Sea-Walls, or Banks, and of Persons maliciously setting on Fire any Mine, Pit or Delph of Coal, or Cannel Coal, and of Persons unlawfully hunting or taking any Red or Fallow Deer in Forests or Chases, or beating or wounding Keepers, or other Officers, in Forests, Chases, or Parks; and for more effectually securing the Breed of Wildfowl. [I. Preamble, reciting the Acts, 9 Geo. I. c. 22. 12 Geo. I. c. 30. Geo. II. c. 37. 13 and 14 Car. 2. c. 22, continued.] 6 P. No. XL. 10 Geo. II. c. 32. [II. III. Clauses in the Act 6 Geo. II. c. 37. § 5. continued.] IV. AND be it further enacted by the authority aforesaid, That all the provisions made in the before mentioned Act of the ninth year of the reign of his late Majesty King George the First, for the more speedy and easy bringing the offenders against the said Act to justice, and the persons who shall conceal, aid, abet, or succour such offenders, and for making satisfaction and amends to all and every the person and persons, Provisions of their executors and administrators, for the damages they shall have sus- 9 Geo. I. c. 22. tained or suffered by any offender or offenders against the said Act, and in force, in case for the encouragement of persons to apprehend and secure such offender of offence and offenders, and for the better and more impartial trial of any indictment against this or information which shall be found, commenced or prosecuted for any of Act. the offences committed against the said Act, together with all restrictions, limitations and mitigations by the said Act directed, shall, during the continuance of the said Act extend to and be of force and effect in all cases of offences committed by unlawfully and maliciously breaking down or cutting down the bank or banks of any river, or any sea-bank, whereby any lands shall be overflowed or damaged, or by unlawfully and maliciously |