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No person shall make gunpowder, except in places where the manufacture is carrying on at the time of passing this act [1772], or in places licensed according to the subsequent directions of this act. P. forfeiture of all the powder, and 2s. for each pound, and 2s. for each pound manufactured in a pestle mill. 12 G. 3. c. 61. s. 1.

No person to manufacture under any single pair of millstones more than 40lb. at a time. P. forfeiture of all above, and 2s. for each pound. Ibid. s. 3.

This not to extend to Battle in Sussex, and its vicinity, as far as relates to what is called Battle powder. Ibid. s. 5.

Manufacturing or keeping more than 40lb. at one time in one place, except in stone or brick storehouses, fifty yards from the mill, P. as above. Ibid. s. 6. 7.

Every manufacturer shall have magazines remote from the mill for the purpose of keeping the powder, which shall be built with stone or brick. P. 251. per month while the manufacture is carried on without such magazines; and 57. per day while the powder is not removed from the mill, or adjoining magazine, to the remote magazine (except prevented by weather). Ibid. s. 8.

Keeping any charcoal within twenty yards of the mill, P. 57. per week. Ibid. s. 10.

Dealer in gunpowder keeping more than 200lb. within three miles of London and Westminster, or within one mile of any other city, borough, or market town; or within two miles of any royal palace; or within half a mile of any parish church; and a person not being a dealer, in any place whatever, except in such manner as is according to the provisions of this act; P. forfeiture of all the powder above the quantity specified, and the barrels, and 2s. for every pound. Ib. s. 11. Not to extend to powder for the use of any mine, not exceeding 300lb. so that it is within two hundred yards, of

such mine, and not within any of the above specified limits. Ibid. s. 12.

Places newly appointed for mills to be licensed by the sessions, but not within the above limits. Fourteen days' notice to be given to the parish officers, which shall be publicly read the next Sunday in the parish church; and the proceedings of the sessions are removable by certiorari into the King's Bench. Ibid. s. 13. 14.

Carrying more than twenty-five barrels by land, or two hundred by water, or in barrels hooped with iron, or containing more than 100lb. each, or in other than tilted waggons, or close-decked vessels, powder liable to be seized by any person; and such person shall have authority to remove such powder, and the use of the vessel in which the powder shall be for twenty-four hours, for such purpose. The seizure to be for his own use, on conviction of the offender. Ibid. s. 18.

Persons keeping any combustible matter, or smoking on board any such vessel, P. 5l. Ibid. s. 20.

Delaying the carriage of such powder, except for the purpose of loading or unloading, which shall not exceed eighteen hours, P. 10l. Ibid. s. 21.

On requisition on oath, a justice may issue a warrant to search in the day-time, any place where powder is suspected to be kept contrary to this act: and all such powder shall be seized by the person who searches, who shall remove it as soon as possible to some proper place; and in case it shall be in any carriage or vessel, he may use the same, with the tackling, beasts, &c. for twenty-four hours; paying reasonable recompence to the owner, to be settled by the justices who hear and determine, and may detain the powder and barrels till such determination. Ibid. s. 23.

No master of an outward-bound vessel, except in the king's service, shall take on board above 25lb. of powder above Blackwall, or any inward-bound vessel keep such quantity

of powder on board above Blackwall. P. all above, with the barrels, and 2s. for each pound. Ibid. s. 25.

R. all penalties under this act distress, or in default, commitment from three to six months. J. 2. W. 1. A. half to the king, half to the informer. Prosecution to be within fourteen days. Ibid. s. 26. 27.

Not to extend to mills and magazines belonging to the king, or to powder moving by order of the Board of Ordnance, or with soldiers and militia. Ibid. s. 29.


HAWKER or pedlar, petty-chapman, or other trader, *going from town to town, or to other men's houses, and travelling either on foot, or with horse, horses, or otherwise, carrying to sell, or exposing to sale, any goods, &c. shall take out a license, for which he shall pay a duty of 41.; and 47. besides, for every horse or beast he employs. 50 G. 3. c. 41. s. 6.

But no wholesale dealer is to be deemed a hawker; nor shall he or his servants be liable to penalties for going from house to house selling goods by wholesale only. 52 G. 3. c. 108.

Packs, carts, or places in which the trade is carried on, and every hand-bill, or advertisement, shall have on them in conspicuous characters, Licensed Hawker, together with the number of the license. P. 10l. 1 J. 1 W. R. by distress, or commitment for three months, or until paid. A. half to the king, half to the informer. Ap. sessions. 50 G. 3. c. 41. s. 14. 22. 23. 24. 25. 26.

Unlicensed hawker putting words to the same effect, P. 10. R. A. and Ap. as above. Ibid. s. 15.

• These words must be particularly attended to in the conviction. See the case King v. Little, Term 31 G. 2.

Trading without or contrary to the terms of a license, or having a license, and refusing on demand by any magistrate, peace-officer, or officer of excise or customs, to show the same, P. 10. R. A. and Ap. as above. Ibid. s. 17.*

Constable refusing to assist in the apprehension of a hawker so trading, &c. as aforesaid, P. 107. R. A. and Ap. as above. Ibid. s. 21.

Witness refusing to attend or be sworn, P. 10l. R. A. and Ap. as above. Ibid. s. 32.

Convicting justice to receive the king's moiety, and pay it to the clerk of the peace at the next sessions. Ibid. s. 30.

The provisions of this act do not extend to selling forms of prayer, gazettes, provisions of any kind, or goods manufactured by the person or his master, or to tinkers. Ib. s. 23.


On the twenty-second of September every year, the peaceofficers shall make out a list of ten persons, at least, in each parish, to be surveyors of the highways; and return a duplicate of it to one justice, and the original list to a special sessions, to be held for that purpose in the next week after the Michaelmas sessions, of which ten days' notice must be given; which special sessions may appoint what number of surveyors they choose from the above list. Surveyors must possess 10l. per annum, in land, or 100l. personal estate; and if ten persons so qualified cannot be found, others may be added to make up the deficiency. Each surveyor to be

* By s. 20. of this act, all persons are empowered to seize and detain hawkers, &c. trading without a license, or refusing to produce it, and carry them before a justice, and the penalty for such trading or refusal is 401.! Such penalty of 401. is also, by the same section, made recoverable before one justice.

one year in office, and not liable to serve again for three years. Refusing to serve, P. 5l. Not attending when summoned, P. 50s. If no appointment is made by the justices, and no one will consent to serve, a surveyor may be appointed, with a salary, not exceeding one eighth part of the sum raised by a sixpenny levy, to be paid out of the forfeitures. Peace-officers neglecting their duty, P. 40s. 13 G. 3. c. 78. s. 1.

Where justices appoint a surveyor with a salary, they shall appoint a substantial householder as his assistant. Refusing to be such assistant, P. 50s. Ibid. s. 2.

Surveyor neglecting his duty, P. from 10s. to 5l. 1J. Ibid. s. 3.

Surveyor to give bond to be responsible for money received. Id. Ibid.

Assistant surveyor for neglect of duty, P. 40s. to 10. Ibid. s. 4.

No tree to be within fifteen yards of the centre of the highway; sufficient ditches to be made, and no stones or dung, &c. to be placed in the highway; nor cart or waggon, &c. left there. P. 10s. after ten days' notice, except in the last case, which must be removed immediately. Ibid. s. 6. 8. 9. 10.

Hedges adjoining to be cut or plashed. P. 2s. for every twenty-four feet neglected. Ibid. s. 7.

Leaving waggons, &c. in the highway, so as to interrupt the free passage of any other carriage, P. 10s. Ibid. s. 11. Justices may order narrow roads to be widened. Ibid.

s. 16.

Highways may be turned by two justices, if nearer or more commodious. Ap. to the sessions. Ibid. s. 19.

Justices may order useless highways to be stopped, and enforce the repair of roads by tenure. Ibid. s. 22. 23.

One justice may present any road, bridge or causeway, on his own view, either at the assizes or sessions. Ibid. s. 24.

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