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rustees to prosecute any person for such offence, unless the onfession of the offender, or one witness, can be had to prove he otience. 13 Geo. 3. 6, 84. S. 47.
4. Proportion of repairs.
As many persons are liable by tenure to the repair of highways, which having become turupike roads, are more used, and occasion an increase of the expence in repairing,' is enacted, that it shall be lawful for the trustees of such rapike roads to agree (XVII) with the person liable to re
(VII) Agreement between the trustees of a turnpike road, aud a person liable by tenure to repair some part of it.
t a meeting of the trustees of the turnpike roads, under an act passed in the
year of the reign of king George the
for state the principal part of the title of the act], held at the
Whereas A B,
is liable hy tenure, &c. (us the ase shall be) to the repair of a certain highway leading bewecn
and of the length of yards, or hereabouts, and the said highway being now made turnpike oad by virtue of the said act, will occasion a greater expence o make and keep the same in proper repair than would have een necessary if no such act had been obtained ; and the said
B attending this meeting in person (or by C D his attorney in agent, authorised to treat in his behalf), the said trustees, nd the said A B, &c. in pursuance of a power given by an act assed in the thirteenth year of the reign of king George the Chird, for regulating turnpike roads, have, in order to put nd keep the said road in proper condition and repair, come o the following agreement, videlicet, That the said trustees ball, on or before the
next, pay and llow the sum of out of the tolls arising upon the said urnpike roads, towards putting the said road into proper revair, to be laid out and expended by the surveyor of the said urnpikeroails, and that the said A B shall advance and pay anto the hands of the treasurer of the said turupike road, on or before the day of next, the sum of we also laid out and expended by the said surveyor in the rc. air of the said road; and that from and after the twentyinth day of September next, the said turnpike road shall be _ept in repair by the said trustees out of the said tolls, as foresaid, so long as the said turnpike act shall continue, upu the said A B paying into the hands of their treasurer the Hà ol
upon the tweoty-fifth day of March in every car, which the said A B doth hereby, for himself and his
pair such highway, for the repair thereof, and to contribute so much out of the tolls, or out of the statute-duty belonging to the same, as they think just. 13 Geo. 3. C. 84. S. 62.
And when the inhabitants of any parish shall be indicted of presented for not repairing any highway, being turnpike road, and the court shall impose a fine for the repair of such road, the same shall be proportioned, together with the costs attend jag the same, between the inhabitants of such parish, and the trustees of such turnpike-road, as to the court shall seem jst and it shal} be lawful for such court to order the treasured Such turnpike road to pay the suns proportioned for sech turnpike road out of the money in his hands, in case it appear to such court, from the circumstances of such turnpike debts and revenues, that the same may be paid without endasgering the security of the creditors wbo have advanced their money upon the credit of the tolls to be raised thereupon ; which order shall be binding upon such treasurer, and he is obey the same. $, 33.
Under this clause, the court which imposes the fine for 101 repair of a road, may apportion it between the parish and the trustees of the turnpike. Rex v. Upper Papæorth, Ts. 42 Geo. 3. 2 East's Rep. 413.
5. Power to widen turnpike roads, how to be exercised
By the stat. 35 Geo. 3, c. 154, (a private act) to enlarge the term and powers of two former acts, for repairing and wide ing certain turnpike roads, power is given to Gve trustees, t* widen, divert, and turn any part of the said roads, and to say the roads through any private grounds, making satisfactes the several persons interested therein for the damage they to thereby sustain: power is also given to the trustees to contra and agree with the owners of such lands. The statute that enacts, 'that if any persons interested in such lands, uper sostat 6 to him or them given, shall, for the space of 20 days next after such notice, neglect or refuse to treat, or shall not agrade &c. then and in every or any such case, the said truste shall cause such damage or recompence to be enquired inku
and ascertained by a jury, &c.; and after the said jury • have enquired of and assessed such damage, &c, the sand tre
tees shall order, adjudge, and determine the sum of money 6 assessed, &c. to be paid to the said owners, according tu
" heirs, agree to pay accordingly, so long as the said read :
be so repaired by the said trustees, as aforesaid.
(Or if it be agreed that A B shall keep the road ia repu upon having an anoual allowance in money or statutele from the said trustees, let the agreement be varied and adapt to the case.]
terdict or inquisition of such jury,' &c. Under this power it appeared in the case of The K. v. Bagshaw, and others, I'r.. Ter. 37 Geo. 3, that the trustees had turned a road, and made a new one thrugh four close's of land belonging to the defendunts; they tendered the sum of 1001. to the defendants as a re. mapence, which not being accept.d, the trustees summoned a ury, who assessed the damage at 100l. upon which the trustees iade their order or adjudicatio:1, in which it was reciicd that a ispute hat ab isted btween the trustees and the defendants >perting the damage s'istained by the latter, and the recon. 'nce due to them ; and that, under the powers of the act, 'y had caused a jury to be impannellel and smorn, &c. wh) reing viewer the premises, and heard counsel and evidenc, creon, had assessed the damage and recompence at the sum of 0l. and in which the trustees ordered, adjudged, and determia.' the said sum of 1001. to be pail to the defendants, accord. to their respective estates, &c. The proceedings having been poved into the court of King's Bencli, it was moved that the rict, inquisition, and assessment of damages, and also the er and adjudication of the trustees, might be quashed, on around that it did not appear that the trustees had acted hin their jurisdiction, no notice appearing to have been given The defendants, in which case only the trustees had jurisdic. I to make the order; to this it was answerell, that as it was ed that counsel had been heard before the jury, it might be rred either that notice had been given, or that the necessity
was waved. But the Court said, That notice to the para interested was the foundation of the whole proceedings be.
and that therefore it should have been stated : for if no ce was given, the trustees had no jurisdiction; and with re
to counsel naving been heard before the jury, they said í not appear that any counsel for the defendants hau been I. 7 Term Rep. 363.
XI. Demolishing turnpike gales.
any person shail by day or night, pull down, pluck in,
down, level, or destroy any turnpike gate, post, rail, siain, br, or other face, set up to prevent passengers assing witho'lt paring toll, or any house erected for the such turapike gais; or any crane, machine, or engine, inhing crrriages; or shall forcibly rescue any person lawin custody of any officer, for any of the said offences; person
so offending shall be guilty of felony, and transfuss seven ycars, or committed to prison for not exceeding years, at the discretion of the court before whom he shall i; and any indie!ment for such otl'ences shall be determia.
any adjacent county within England, as if the facts had Ferein committed.
13 Geo. 3. C. 81. $. 42. the inhabitants of every hundred within which such of. - IV.
fence shall be commiaed, shall eske sosit ca for the dan:Els thereby sufereci, to be recovered by xoa by and in the Dame of the clerk of the peace. sitt et sans se et ristan se surname; and such acica stail Dot be abered by the death or semoval of such clerk, but say be prosessted by his sucre. sors, and the car ages shall be to the pse of the trusters, 10 de by thein applied 10 such uses 2: the tolk; and all the inket ta' ts of such hundred shall be rateably tased toward 2a epez contribution for the relief of sech istab-tants agaiest whoud, ecution for such damages shall be he], to be lesied as the tani ges recovered in case of robberies; bet upon coasiction of a ofender, within twelve months after the offence committ, any hundred liable to make, and kaving made sach satsz: tion, shall be repaid the suns they have paid out of the sur tolls. $. 43.
XIII. Persons opposing the crecution of the ect. In case any person shall resist, or make forcible opper.ca against any person employed in the execution of tes act. uf any particular act made for amending any particular bijau or shall assault any collector of the coils in the executics of: office, or shall pass through any turnpike gate, rail, chata, other fence, without paying the toll, or shall hinder, or altex to prevent such person jo measuring the wheels of any carruan or make any rescue of cattle or goods distraided by simo this act; or if any constable shall refuse or neglect 10 ct. any warrant granted by any justice; such person vist the rein, shall forfeit not exceeding 101. oor less than 10% i paid to the surveyor of the turopike reads where the of was committed, and laid out in the repairs thereof; and he do not forthwith pay, or secure to be paid, the fathetan after conviction, then it shall be lawful for such justice le mit such person to the common gaol, or house of coirilis for pot exceeding three months. 13 Geo. 3. c. 84. s.15.
XV. Instruments respecting turnpike roads te best
to stump duties, For the encouragement of the stamp duties, it is by 33 3. c. 58, enacted, That all such parts of any act of paris relative to any turnpike road passed before Dec. 5,17. exempt any
mortgage, assignment, transfer, or other sou for borrowing money, or any nomination, contract,
warrant, judgment, or other writing,' liable to the starp tics, from being stamped, shall be repealed.
XV. How the forfeitures are recoterable. Power of jus. . All penalties and costs allowed by this act (the Banner rices to levy recovering of which is not otherwise directed, shall be det forfeitures by
by distress and sale of the gools of the offender, by warrantof onc justice, rendering the overplus, if any, to the party, after deducting the charges of making the same; which warrants such justice is to grant, upon conviction * of the offender, by confession, or upon the oath of one witness, or upon order made ; and the penalties and charges when levied, shall be paid, the one half to the informer, and the other half to the surveyor of the turnpike road, to bo employed towards the repair thereof, unless otherwise directed by this act: and in case such distress cannot be sound, and such penalties, or the costs, shall not be forth with paid, it shall be lawful for such justice, by warrant, to commit such offender, or person liable to pay the same, to the common gaol, or house of correction, for not exceeding three months, unless the penalty, forfeiture, costs, or charges shall be sooner pail. 13 Geo. 3. c. 84. s. 76.
And any inhabitant of any parish shall be a competent witness, and any justice may act, notwithstanding he may be a creditor, or a trustee for repairing the roads. s. 74.
And to prevent fraudulent convictions, it shall be lawful for all justices, before whom there shall be any information for any peualty inflicted by this or any act made for repairing turnpike roads, where any information or conviction shall be set up, hy way of defence, or to defeat any information, or any forfeiture, to examine into the real merits of such information or conviction ; and if it shall appear that the same was not donc to recover and apply the penalty for the real ends for which such penalties were enacted, but to favour the offender, such information shall be deemed fraudulent and voil; and such justice shall determine and convict, as if no information, &c. had been made or obiaio. ed. $. 48.
But no warrant of distress, unless otherwise directed by When warrant this act, shall be issued for levying any penalty or charges,
of distress may
be issued. until six days after the offender shall have been convicted and an order + made and served upon him for payment thereof. s. 77.
And the distress itself shall not be deemed lawful, nor the Jademnity on party, a trespasser, on account of any want of form in any pro. dispraining ccedings; nor shall the party distraining be a trespasser ab ini. lio, on account of any irregularity afterwards done by the party distraining ; but the person aggrieved may recover satisfaction in an action on the case. s. 80. · And no plaintiff
' shall recover in any action for irregularity, if tender of suficient amends shall be made before such action brought; and in case no tender shall have been made, it shall be lawful for the defendant, by leave of the court, at any time
* The proceedings on such conviction are directed to be according to the precedents under title Highways. + See the precedent Vol. 2. P, 80 1.