justice of the peace before whom he shall be taken, or to whom any such complaint shall be made, to commit him to the house of correction for any time not exceeding three months, or to proceed against him for the penalty aforesaid, by a description of his person and the offence only, without adding any name or designation, but expressing in the proceedings that he refused to discover his name. Id. s. 132.

And by stat. 4 G. 4, c. 95, s. 73, in case the driver of any waggon, cart, or of any coach or other carriage, shall offend against any of the provisions of any Act for making or maintaining any turnpike road, or the said recited Act (3 G. 4, c. 126) or this Act, whereby any penalty shall be incurred, and shall refuse to disclose his name, or shall abscond or absent himself so as not to be found, then it shall and may be lawful for any justice of the peace, before whom complaint shall be made, and he is hereby required to issue a summons, requiring the owner of such waggon, cart, or other carriage, to appear before him to answer the matter of such complaint; and if such owner shall refuse or neglect to appear, or appearing shall not then, or within ten days thereafter, produce the driver so offending, or disclose his name and place of abode, then the said justice, or any other justice of the peace, on an examination of the circumstances, and ascertaining, by the examination of witnesses on oath, that such offence has been committed by any such driver of any waggon, cart, or other carriage, shall order and adjudge that the penalty incurred by such driver shall be paid by the owner of such waggon, cart, or other carriage; which penalty shall be recovered and applied in manner directed by the said recited Act.

8. Nuisances.

Windmills.] No person shall hereafter erect or cause any windmill to be erected within the distance of two hundred yards from any part of any turnpike road, under the penalty of five pounds for every day such windmill shall continue: provided always that nothing herein contained shall be construed to render legal the re-erection or continuance of any windmill, in any case where by the common law such windmill shall be a public or private nuisance. 3 G. 4, c. 126, s. 127.

Cattle straying on the road.] If any horse, ass, sheep, swine, or other beast or cattle of any kind, shall at any time be found tethered, or wandering, straying, or lying about any turnpike road, or on any part thereof (except on such parts of any road as lead or pass through or over any common or waste or uninclosed ground), it shall and may be lawful for any surveyor of the road where the same shall be found, or any other person

or persons whomsoever, to seize and impound every such horse, ass, sheep, swine, or other beast or cattle, in the common pound (if any) of the parish, township, tithing, or place where the same shall be found, or in such other place as the trustees or commissioners of the road where the same shall be found shall have provided or shall provide for that purpose, and the said horse, ass, sheep, swine, or other beast or cattle there to detain until the owner or owners thereof shall, for every and each horse, ass, sheep, swine, or other beast or cattle so impounded, pay the sum of two shillings, together with the reasonable charges and expenses of impounding and keeping the same, to the treasurer, clerk, or surveyor of the road on which the beast so impounded shall have been found,-the said sum of two shillings for each beast, to be applied to the use of and in aid of the tolls of such road; and in case the said penalty and charges and expenses shall not be paid within five days after such impounding, (notice being thereof first given to the owner, if known at the time, or if not known, by affixing written notices at the two next toll-gates on the road nearest to the place where the same shall be impounded,) it shall and may be lawful for any one or more justice or justices of the peace of the county or place where the offence shall have been committed, to order such horse, ass, sheep, swine, or other beast or cattle to be sold, except where it shall be made to appear to such justice or justices that the horse, ass, sheep, swine, or other beast impounded, escaped from any inclosure by any gate or fence being wilfully or negligently left open or destroyed by any person not being owner or occupier of such inclosure, or employed by such owner or occupier, in which case such justice or justices may remit the said penalty; and the money arising from such sale, after deducting the said penalty, and charges and expenses of impounding, keeping, and selling every such horse, ass, sheep, swine, or other beast. or cattle, shall be paid to the person whose property the same so sold shall appear to have been; and in case the owner thereof shall not be known, and no application shall be made for the money arising from such sale within twenty-one days after such sale shall have taken place, the said money shall be applied, after deducting the said charges and expenses in the same manner as the said penalty of two shillings is hereinbefore directed to be applied: provided always, that no owner of any horses, asses, sheep, swine, or other beast or cattle impounded as aforesaid, shall in any case pay more than the sum of five pounds over and above the charges and expenses of impounding and keeping the same, for any number of horses, asses, sheep, swine, or other beasts or cattle impounded at one time; and provided always, that nothing in this clause shall be deemed, taken, or construed to extend to any right of pasturage which may exist on the sides of any turnpike roads. 4 G. 4, c. 95, s. 75,

VOL. I.

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Other Nuisances.] If any person shall ride upon any footpath or causeway by the side of any turnpike road, made or set apart for the use or accommodation of foot passengers; or shall lead or drive any horse, ass, mule, swine, or cattle, or carriage of any description, or any wheelbarrow, truck, or sledge, or any single wheel of any waggon, cart, or carriage apart therefrom, upon any such footpath or causeway,-or shall cause any injury or damage to be done to the same, or the hedges, posts, rails, or fences, thereof,—or shall wilfully pull down or damage any bridge, wall, or any other building or erection made by the trustees or commissioners of any turnpike road, or repaired or repairable by them ;—or shall haul or draw, upon any part of such turnpike road, any timber, stone, or other thing, otherwise than upon wheel carriages, or shall suffer any timber, stone, or other thing which shall be carried principally or in part upon wheeled carriages to drag or trail upon such road to the prejudice thereof;—or shall use any tipstick, joggle, or other instrument for the purpose of retarding the descent of any cart or other carriage down any hill, in such manner as to destroy, injure, or disturb the surface of any turnpike road;-or shall in or upon such road, or by the side thereof, or in any exposed situation near thereto, kill, slaughter, singe, scald, burn, dress, or cut up any beast, swine, calf, lamb, or other cattle;-or if any person driving any horse, or other beast on the said road, carrying any iron bar or rod, basket or pannier, or any other matter or thing, shall place such bar or rod, basket or pannier, matter or thing, so that the same or any of them shall project more than thirty inches from the side of such horse or other beast, or so as in any manner to obstruct or impede the passage of any person, or any horse, beast, or carriage, travelling along such turnpike road;-—or if any hawker, higgler, gipsy, or other person travelling with any machine, vehicle, cart, or other carriage, with or without any horse, mule, or ass, shall pitch any tent, booth, stall, or stand, or encamp upon or by the sides of any part of any turnpike road;-or if any blacksmith or other person occupying a blacksmith's shop, situate near any turnpike road, and having a window fronting the said road, shall not, by good and close shutters every evening after it becomes twilight, bar and prevent the light from such shop shining into or upon the said road;-or if any person shall make or assist in making any fire or fires commonly called bonfires, or shall set fire to or wantonly let off or throw any squib, rocket, serpent, or other firework whatsoever, within eighty feet of the centre of such road;—or bait, or run for the purpose of baiting, any bull, or play at football, tennis, fives, cricket, or any other game, upon such road, or on the side thereof, or in any exposed situation near thereto, to the annoyance of any passenger, or passengers; or if any person shall leave any waggon, wain,

cart, or other carriage upon such road, or on the side thereof, without a proper person in sole custody or care thereof, longer than may be necessary to load or unload the same, except in cases of accident, and in cases of accident for a longer time than may be necessary to remove the same;-or shall not place such waggon, wain, or other carriages, during the time of loading or unloading the same, or of taking refreshment, as near to one side of the road as conveniently may be, either with or without any horse or beast of draught harnessed or yoked thereto;-or shall lay any timber, stone, hay, straw, dung, manure, soil, ashes, rubbish, or other matter or thing upon such road, or on the side thereof, or the footpaths or causeways adjoining, to the prejudice of such road or footways, or to the prejudice, annoyance, interruption, or personal danger of any person travelling thereon;-or shall suffer any water, filth, dirt, or other offensive matter or thing to run or flow into or upon such road or footpaths from any house, building, erection, lands, or premises adjacent thereto;-or if any person, driving any pigs or swine upon such road, shall suffer such pigs or swine to root up or damage such road, or the fences, hedges, banks, or copse on either side thereof;-or if any person shall, after having blocked or stopped any cart, waggon, or other carriage in going up a hill or rising ground, cause or suffer to be or remain on such road the stone or other thing with which such cart or other carriage shall have been blocked or stopped;-or if any person or persons shall pull down, damage, injure, or destroy any lamp or lamp-post put up, erected, or placed in or near the side of any turnpike road or toll-house erected thereon, or shall extinguish the light of any lamp :-every person so offending shall for each and every such offence forfeit and pay any sum not exceeding forty shillings, over and above the damages occasioned thereby. 3 G. 4, c. 126, s. 121.

And by stat. 4 G. 4, c. 95, s. 72, if any person whosoever shall wilfully pull down, break, injure, or damage any table of tolls put up or fixed at any toll-gate or bar on any part of any turnpike road, or wilfully or designedly deface or obliterate any of the inseriptions, letters, figures, or marks thereon;— or if any person or persons shall wilfully pull up, throw down, break, injure, or damage any posts, rails, or fences placed or to be placed or put up by order of any trustees or commissioners of any turnpike road, or their surveyor, either by the side of such road, or at or near to any pit or quarry which shall be used, opened or made for the getting of stones, gravel, or other materials for the purposes thereof, in order to prevent accidents;-or if any person or persons shall wilfully cause any damage or injury to any bridge, arch, wall, or other building or erection to be set up or erected by virtue of any Act on any part of any turnpike road, or by the side thereof;

-or if any person shall cast or throw any earth or rubbish, or other matter or thing, into any drain, ditch, culvert, tunnel, or other watercourse made by virtue of any Act, so as to obstruct the water from running or draining off any turnpike road; or if any person shall, without being thereto authorized by the surveyor for the time being acting under any Act, shovel up, scrape, gather, or carry away any stones, gravel, sand or other materials, slutch, dirt, mire, drift, or soil from off any footpath or causeway, or any other part of such road; -or if any person shall in any manner wilfully prevent any other person from passing him or her, or any carriage under his or her care, upon any such road;—or if any such person shall dig, make, or use any pit for sawing of timber or wood within thirty feet of the centre of any such turnpike road, unless where inclosed by a fence from any such road: every person offending in any of the cases aforesaid shall forfeit and pay a sum not exceeding forty shillings for every such offence; and one moiety of such penalties shall be paid to the informer, and the other moiety thereof shall be paid to the treasurer of the trustees or commissioners of such turnpike road, and applied towards the repair of such road.

Also, if any person, having the care of any waggon, wain, cart, or other carriage, conveying goods for hire or reward, or for sale, on any turnpike road, shall not chain or fasten any dog that may be attending him or them on such road to such waggon, wain, cart, or carriage, every person so offending shall forfeit and pay any sum not exceeding twenty shillings.

id. s. 76.

9. Prosecution for Penalties.

In what cases, and how.] If the penalty exceed 20%. it is recoverable by action only; 3 G. 4, c. 126, s. 143; but if such penalty or forfeiture shall not exceed the sum of twenty pounds, and shall be more than five pounds, the same shall be recoverable only by information before a justice of the peace, subject to appeal in manner hereinafter mentioned; and if such penalty or forfeiture shall not exceed the sum of five pounds, the same shall in like manner be recoverable only by information before a justice of the peace; and no writ of certiorari to remove the same shall be allowed. 3 G. 4, c. 126, s. 143.

Limitation of prosecution.] But no person shall or may be convicted of any offence contrary to the provisions of this Act, or of the said recited Acts, [3 G. 4, c. 126. 4 G. 4, c. 95,] or of any local turnpike Act, in a summary way, before any justice or justices of the peace, after the expiration of six months