Page images

Justices, at their special sessions, may direct what part of the road shall be first mended, and order direction-pots to be erected. Ibid. s. 25. 26.

May direct materials to be dug in waste ground, and if none there, in private grounds not garden, yard, &c. or from the adjoining parish, if necessary, making satisfaction by a parish rate. Surveyor shall cause all holes to be stopped up and levelled. P. from 40s. to 10l. for each neglect, at the discretion of the justice. Ibid. s. 27. 29. 30. 31.

Damaging banks, parapets, &c. or defacing mile-stones, P. 10s. to 5l. or in default, commitment from seven days to one calendar month, and to be whipped. Ibid. s. 52.

No waggon with wheels of nine inches shall be drawn with more than eight horses; or if the wheels are six inches, rolling on each side a surface of nine inches, with more than seven horses; or rolling a surface of six inches only, with more than six horses; and no cart with wheels of six inches, with more than four horses; and no waggon with less than six inches shall have more than five, or cart more than three horses. P. 51. on the owner, 10s. on the driver, not being the owner, for each horse above the number allowed. Carriages rolling sixteen inches on each side, allowed any number of horses. Ibid. s. 55.

Information before a justice for this offence, to be in three days; and if the offender lives so remote as to make it inconvenient to summon him, the justice may dismiss the complaint, and leave the informer to his remedy by action. Ibid. s. 56.

Justices at their Michaelmas sessions may license an increase of horses on any road not turnpike. Ibid. s. 57.

Justices may stop proceedings if snow or ice render an increase of horses necessary; neither shall the above regulation extend to carriages conveying one block of stone, piece of metal, or timber, or cable, or any ammunition for the king's service; and two oxen shall be considered as one horse. Ibid. s. 58.

On every cart or waggon, and on every coach or postchaise let to hire, the owner's christian and surname at length, and place of abode, shall be put on a conspicuous part in conspicuous characters, &c.; and on every cart or waggon travelling for hire, shall be added Common Stage Cart, or, Waggon. P. from 20s. to 51. Ibid. s. 59.

Driving a cart, &c. without reins, or a person on foot or horseback to guide the same, or driver occasioning any accident by negligence or misbehaviour, or being at too great a distance from his carriage; or, not being loaded, not breaking way for any coach, chariot, chaise, or loaded cart; or refusing to tell the owner's name; on view of, or conviction before one justice, shall, if the owner, forfeit 20s. if not, 10s. ; and in default commitment not exceeding one month. Any person may apprehend a person so offending, and deliver him to a peace-officer to be taken before a justice; who, on refusal to tell his name, may commit him not exceeding three months. Ibid. s. 60.

Person, collecting tolls on bridges, keeping an alehouse, P. 51. for each offence. Ibid. s. 62.

Resisting the execution of this act, or peace-officer neglecting or refusing to execute warrants, &c. P. from 40s. to 10l. or commitment not exceeding twelve months. Ibid.

s. 71.

Penalties and forfeitures under this act, when not otherwise specially directed, R. distress and sale, and in default commitment not exceeding three months, or till paid. J. 1. W. 1. A. half to the surveyor for the repair of the roads, half to the informer; but if the surveyor is the informer, all for the repairs of the roads. If the offender lives in another jurisdiction, a justice then may proceed as above, on a copy and proof on oath of the conviction. No warrant of distress to issue till six days after conviction, unless otherwise specially directed by this act. Ibid. s. 72. 73.

If the penalty exceeds 40s. prosecutor may proceed by action. Ibid. s. 74.

Ap. sessions, giving notice to the justice of the appeal, and the ground of it; and entering into recognizance, with sufficient sureties, in four days to prosecute the appeal, and abide the order of the court. Ibid. s. 80.

If any dispute arises as to repairing a highway lying in two parishes, two justices, on complaint of the surveyor of one parish, may summon the surveyor of the other to appear from seven to fourteen days, and if such surveyor appears, shall proceed finally to decide the matter as hereinafter mentioned; but if such surveyor does not appear, shall then give a second notice, from fourteen to twenty-one days, and adjourn the meeting, and at the second meeting they shall proceed and determine whether such surveyor do appear or not; and they shall divide the highway by a transverse line into two fair and equal portions, according to their discretion, and order that the whole of the highway on both sides in one of such parts shall be repaired by one parish, and the whole, &c. in the other part by the other. 34 G. 3. c. 64.

s. 1.

Parishes may appeal to the sessions. Ibid. s. 7.

Persons neglecting to pay their compositions within ten days after demand; amount may be levied by warrant of distress. 2 J. Ibid.

Two justices may discharge poor persons from payment of highway levies. Ibid. s. 5.

Two justices may order the statute duty to be performed in kind, except in respect of teams belonging to persons not occupying 30l. a year. Ibid. s. 6.

Persons not working as surveyor directs, team to be discharged, and forfeiture incurred as if no team had been sent. 34 G. 3. c. 74. s. 2.

In certain cases the surveyors may require a composition in money in lieu of statute duty. 54 G. 3. c. 109. s. 4.

Turnpike Roads.

For the regulations respecting turnpike roads the reader is referred to the 3 G. 4. c. 126; 4 G. 4. c. 95; and 5 G. 4. c. 69; by the former of these acts the provisions of it are extended to all local acts for making and repairing turnpike roads; and see 2 Burn's Justice, 921, &c.


HOMICIDE by misadventure, if proved, is not bailable by a justice; if only suspected, it is. 1 Haw. 75. The same of homicide in self-defence. Ibid. 76.


HORSES stolen and sold in open market, still the owner's property, and recoverable within six months on proof on oath of the property. J. 1. W. 1. But at any distance of time the proprietor may have his horse restored on paying, or offering to pay, what the buyer shall swear before a justice he gave for him. 2 & 3 Ph. & M. c. 7. 31 El. c. 12.

Person keeping a place for slaughtering horses and other cattle not for meat, shall have a license from the sessions ; and his name at large, and the license, specified in large and legible letters over the place. 26 G. 3. c. 71. s. 1. 2.

Inspectors to be appointed, who, if they suspect any horse to have been unlawfully obtained, may stop the slaughter eight days, and advertise it twice, or more, in some newspaper circulated in the neighbourhood; the expense to be paid by the owner of the slaughter-house. On refusal to pay, P. double the amount. R. distress. J. 1. W. the inspector. Ibid. s. 3. 5.

Persons offering cattle for sale, and not giving a satisfactory account of themselves, may be detained with the horse, &c. and delivered to a peace-officer to be taken before a justice, who may commit them for six days for further examination; and if, on further examination, he shall find cause to suspect such cattle were illegally obtained, he shall commit the persons to be further dealt with according to the law. Ibid. s. 7.

Licensed person shall keep a book for the perusal of the inspector, containing the names and descriptions of the persons who bring horses, &c.; which, on being required, he shall produce before a justice, and also at every sessions. Making a false entry, P. from 10l. to 20l. R. distress, or commitment to house of correction from three to six months. J. 1. W. 2. A. half to the informer, half to the poor. Ibid. s. 10.

Unlicensed persons occasionally lending places for the purpose of slaughtering, P. R. A. the same. Ibid. s. 13.

Curriers, farriers, and all other dealers in hides, killing aged or distempered horses, to use the hides, bonâ fide, in their trade; farriers employed to kill aged or distempered horses by the owner; and persons killing their own, or buying dead cattle for their dogs, are exempted; but if curriers, &c. kill any sound and useful horse, &c. under colour of their trade, they incur the same penalty. Ibid. s. 14. 15.

Witness not appearing when summoned, or refusing to give evidence, P. 10l. or in default, commitment from one to three months, or till paid. Ibid. s. 16.


EVERY horse entered to start for a prize, shall pay a duty of 21. 2s. to the clerk of the course, or other person authorised to make the entry, as the duty for one year, under P. 201. Clerk of the course, &c. shall, within fourteen days,

« EelmineJätka »