WHEELS AND 13 Geo. 13, c. 78. and large stones, &c. or justices of the peace or court respectively, and they are hereby respectively required, to stop all proceedings before them respectively for the recovery of any penalty or forfeiture which may have been incurred by drawing with a greater number of horses, or beasts of draught, than are hereby allowed; any thing herein contained to the contrary notwithstanding: Provided also, that the regulations hereinbefore mentioned concerning the number of horses and wheels of carriages, shall not be deemed or construed to extend to carts, waggons, or other carriages employed only in carrying any one stone, block of marble, cable, rope, or piece of metal, or piece of timber, or to such ammunition or artillery as shall be for his Majesty's service; and that two oxen or horned cattle shall, for all the purposes of this act, be considered as one horse. With respect particularly to the cities of London and Westminster, and London and West- parts adjacent, it is enacted by stat. 6 Geo. I. c. 6, that no person in London and Westminster, or within ten miles thereof, shall carry at any one load, in waggons or carts having their wheels shod with tire of, or streaks of iron, more than twelve sacks of meal (a), of five bushels each, nor more than twelve quarters of malt (a), nor more than seven hundred and half of bricks, nor more than one chaldron of coals (a), on pain of forfeiting any one of the horses, with the geers, bridles, and halters therewith used, in such manner and to such uses as the penalties directed to be levied and applied by stat. 5 Geo. I. c. 12, (now repealed by stat. 7 Geo. III. c. 42, s. 57). 6 Geo. 1, c. 6. Regulations In minster. 18 Geo. 2, c. 33. Turnpike roads. 13 Geo. 3, c. 78. to stand within fifteen feet of the way. And by stat. 18 Geo. II. c. 33, the wheels of every cart, car, or dray, within the bills of mortality, shall be six inches broad in the felly, and not wrought about with iron, nor be drawn with above the number of three horses, after they are up the hills from the water-side; on pain of 40s. by warrant of one justice, by distress; and for want of distress, on non-payment in six days after demand, to be committed till paid: but this not to extend to any country cart or waggon that shall bring any goods, or shall carry any goods half a mile beyond the paved streets of the said cities and places. Also any person within the said limits, using any cart, car, or dray, having the wheels full six inches broad, when worn, may have the same bound round with tire of iron, provided it be six inches broad, and made flat, and not set on with rose-headed nails. The provisions as to the breadth of wheels and number of horses in turnpike roads are contained in the stat. 3 Geo. IV. c. 126, s. 31, and 4 Geo. ÎV. c. 95, s. 5, 6, 7, post, Highways, Turnpike. As to the offence at common law, of carrying unusual weights, and using an unusual number of horses, see post, 65. (2) Trees, Hedges, &c. By stat. 13 Geo. III. c. 78, s. 6, "no tree, bush, or shrub, shall be permitted to stand or grow in any highways within the distance of fifteen feet from the centre thereof (b), (except for ornament or shelter to the house, centre of the high-building, or court yard of the owner thereof), or hereafter to be planted within the distance aforesaid; but the same shall respectively be cut down, grubbed up, and carried away by the owner or occupier of the land or soil, where the same doth or shall stand or grow, within ten days after notice to him, her, or them, or his, her, or their steward or agent, given by the said surveyors, or any of them; on pain of forfeiting for every neglect the sum of 10s." This clause does not say, that every way shall be thirty feet wide; and where a fence was not on the highway, but within fifteen feet of the centre, it was held, that a surveyor was not authorized to remove it. Lowen v. Kaye, 4 B. & C. 3; 6 D. & R. 20, S. C. To be cut and pruned. Sect. 7. "The possessors of the land next adjoining to every highway, shall cut, prune, and plash their hedges; and also cut down or prune and lop the trees growing in or near such hedges or other fences, (except those trees planted for ornament or shelter as aforesaid), in such manner that the highways shall not be prejudiced by the shade thereof respectively, and that the (a) Repealed as to meal, malt, and coals, by stat. 11 Geo. III. c. 51. (b) See the 3 Geo. IV. c. 126, s. 124, post, as to what is the centre of a turnpike road; and see Form (54), post. TREES, HEDGES, &c. Fun and wind may not be excluded from such highway to the damage thereof. And that if such possessor shall not, within ten days after notice (a) given by the surveyor for that purpose, cut, prune, and plash such hedges, and cut down, 13 Geo. 3, c. 78. prune and lop such trees in manner aforesaid, it shall and may be lawful for the surveyor, and he is hereby required, to make complaint (b) thereof to some justice of the peace of the limit where such highway shall be, who shall summon (c) the possessor of the said lands to appear before the justices, at some special sessions for that limit to answer to the said complaint; and if it shall appear to the justices at such special sessions, that such possessor had not complied with the requisites of this act, it shall and may be lawful for the said justices, upon hearing the surveyor and the possessor of such land or his agent, (or, in default of his appearance, upon having due proof of the service of such summons), and considering the circumstances of the case, to order (d) such hedges to be cut, plashed, and pruned, and such trees to be cut down or pruned, in such manner as may best answer the purposes aforesaid. And if the possessor of such lands shall not obey such order within ten days after it shall have been made, and he shall have had due notice thereof, he shall forfeit the sum of 2s. for every twenty-four feet in length of such hedge, which shall be so neglected to be cut and plashed, and the sum of 28. for every tree which shall be so neglected to be cut down or pruned and lopped; and the surveyor, in case of such default made by the possessor, shall, and is hereby required to cut, prune and plash such hedges, and to cut down or prune and lop such trees in the manner directed by such order, and such possessor shall be charged with and pay, over and above the said penalties, the charges and expenses (e) of doing the same; or, in default thereof, such charges and expenses shall be levied, together with the said forfeitures, upon his or her goods and chattels, by warrant from a justice of peace (f), in such manner as is authorized for forfeitures incurred by virtue of this act." Sect. 13. "Provided nevertheless, that no person or persons shall be compelled, nor any surveyor permitted, by virtue of this act, to cut or prune any hedge at any other time than between the last day of September and the last day of March, and that nothing herein contained shall extend, or be construed to oblige any person or persons to fell any timber-trees growing in hedges at any time whatsoever, except where the highways shall be ordered to be enlarged as hereinafter mentioned, or to cut down or grub up any oak trees growing within such highway or in such hedges, except in the months of April, May, or June; or any ash, elm, or other trees, in any other months than in the months of December, January, February, or March." See the provisions as to trees, in the 3 Geo. IV. c. 126, s. 116, 117. In Hawkins it is said, that he who hath trees adjoining a highway and hanging over it, to the annoyance of the people, is bound, by common law, to lop the same. 1 Hawk. c. 76, s. 52; post, 65. (3) Bitches, Brains, &c. Turnpike roads. Offences at common law. By the 13 Geo. III. c. 78, s. 8, "Ditches, drains, or watercourses, of a Ditches, drains, sufficient depth and breadth for the keeping all highways dry, and convey- and watercourses. ing the water from the same, shall be made, scoured, cleansed, and kept open, and sufficient trunks, tunnels, plats, or bridges, shall be made and laid, where any cartways, horseways, or footways lead out of the said highways into the lands or grounds adjoining thereto, by the occupier or occupiers of such lands or grounds; and every person or persons who shall occupy any lands or grounds adjoining to or lying near such highway, through which the water hath used to pass from the said highway, shall, and is hereby required, from time to time, as often as occasion shall be, to open, cleanse, and scour the ditches, watercourses, or drains, for such water to pass without obstruction; and that every person making default in any of the matters or things aforesaid, after ten days' notice to him, her, or them, given of the same by the said surveyor, shall for every such offence forfeit the sum of 10s." (g). (a) Form (50), pɔst. (b) Form (52), post. (c) Form (53), post. (d) Form (51), post. (f) Form (82), post. DITCHES, &c. 13 Geo. 3, c. 78. Where the old ditches, gutters, &c. are insuffi be made. Sect. 14. "Where the ditches, gutters, or watercourses, which have been usually made, or which are herein before directed to be made, cleansed, and kept open, shall not be sufficient to carry off the water which shall lie upon and annoy the highways; that then and in every such case it shall and may cient, new ones to be lawful for the said surveyors, by the order of any one or more of the said justices (a), to make new ditches and drains in and through the said lands and grounds adjoining or lying near to such highways, or in and through any other lands or grounds, if it shall be necessary, for the more easy and effectually carrying off such water from the said highways, and also to keep such ditches, gutters, or watercourses scoured, cleansed, and opened; and the said surveyors and their workmen are hereby authorized to go upon the said lands for the purposes aforesaid: provided, that the said surveyors make proper trunks, tunnels, plats, bridges, or arches, over such ditches, gutters, or watercourses, where the same shall be necessary, for the convenient use and enjoyment of the lands or grounds through which the same shall be made, and from time to time keep the same in repair; and do also make satisfaction to the owner or occupier of such lands, which are not waste or common, for the damages which he, she, or they shall sustain thereby, to be settled and paid in such manner as the damages for getting materials in several or inclosed lands or grounds are hereafter directed to be settled and paid.” Turnpike roads. Offence at common law. Alehouses not to be near bridges. Encroaching on highway, penalty for. Encroachment may be taken down by the surveyor. See similar clauses in the turnpike act, 3 Geo. IV. c. 126, s. 113, 114. It is a nuisance, at common law, to suffer ditches adjoining a highway to be foul, by reason whereof it is impaired. 1 Hawk. c. 76, s. 50. (4) Alehouses not to be near Bridges. By 13 Geo. III. c. 78, s. 62, " And for preventing obstructions which frequently happen by stopping of carriages on or near public bridges," it is enacted, "that if any person or persons collecting any tolls payable for passing over any public bridge, with carriages or cattle of any kind, shall keep any victualling-house, alehouse, or other place of public entertainment, or shall sell, or permit to be sold therein, any wine, beer, ale, cyder, spirituous liquors, or other strong liquors, by retail, he, she, or they being lawfully convicted of such offence, by the oath of one or more credible witness or witnesses, or by his own confession, before any justice of the peace of the limit wherein such offence shall be committed, shall, for every such offence, forfeit the sum of 51." (5) Encroaching on Highway. By 13 Geo. III. c. 78, s. 63, "If any person shall encroach, by making or causing to be made any hedge, ditch, or other fence, on any highway not being turnpike road, within the distance of fifteen feet from the middle or centre thereof; or shall plough, harrow, or break up the soil of any land or ground; or in ploughing or harrowing the adjacent lands shall turn his plough in or upon any land or ground within the distance of fifteen feet from the middle or centre of any highway, where the breadth of such highway is formed and marked or described with certainty, and does not exceed in breadth thirty feet, every person so offending shall forfeit for every such offence 40s. to such person who shall make information of the same; and it shall be lawful for the surveyor who hath the care of any such road to cause such hedge, ditch, or fence to be taken down, or filled up, at the expense of the person or persons to whom the same shall belong; and it shall and may be lawful for any one or more justice or justices of the peace of the limit where such offence shall be committed, upon proof to him or them made upon oath, to levy, as well the expenses of taking down such hedges, as aforesaid, as the several and respective penalties hereby imposed by distress and sale of the offender's goods and chattels, in such manner as distresses and sales for forfeitures are authorized and directed to be levied by virtue of this act(b).” And see further as to encroachments at common law, post, &c. (6) Laying Stones, Rubbish, &c. By 13 Geo. III. c. 78, s. 9, "If any person or persons shall lay, in any highway, any stone, timber, straw, dung, or other matter, or, in making, scouring, or cleansing the ditches or watercourses, shall permit the soil or earth dug out of such ditches, drains, or watercourses, to remain in such highway, in such manner as to obstruct or prejudice the same, for the space of five days after notice (a) thereof given by the surveyor of the highways; every person or persons offending in any of the said cases shall, for every such offence, forfeit and pay the sum of 10s. (b)." Sect. 10. And if any stone or timber, or any hay, straw, stubble, or other matter, for the making of manure, or on any other pretence whatsoever, not tolerated by this act, shall be laid in any highway, within the distance of fifteen feet from the centre thereof, and shall not, within five days after notice given by the surveyor, or some person aggrieved thereby, be removed, it shall and may be lawful for the owner or possessor of the lands adjacent, or any other person or persons whomsoever, by order from some justice of peace, to clear the said highways, by removing the said stone, timber, hay, straw, dung, or other matter, and to have, take, and dispose of the same, to his and their own use (c)." See the provisions in the turnpike act, 3 Geo. IV. c. 126, s. 113, 114, post. (7) Leabing Carriages, &c. By 13 Geo. III. c. 78, s. 11, "If any person shall wilfully set, place, or leave any waggon, cart, or other carriage, or any plough or instrument of husbandry in any of the said highways, (except only with respect to such waggon, cart, or carriage, during such reasonable time as the same shall be loading or unloading, and standing as near the side of such highway as conveniently may be), so as to interrupt or hinder the free passage of any other carriage, or of his Majesty's subjects; every person so offending shall forfeit the sum of 10s. for every such offence (d)." See also as to the misconduct of drivers, infra, and, as to this offence at common law, R. v. Russell, 6 East, 427; R. v. Cross, 3 Camp. 226, post, 66. (8) Misbehaviour of Dribers of Carriages, &c. Drivers of carriages punishable or negligence, in order to prevent for misbehaviour accidents. By stat. 13 Geo. III. c. 78, s. 60, by which, after reciting that, whereas many bad accidents happen, and great mischiefs are frequently done upon the streets and highways, by the negligence or wilful misbehaviour of persons driving carriages thereon;' it is enacted, "that if the driver of any cart, car, dray, or waggon, shall ride upon any such carriage in any street or highway, not having some other person on foot or on horseback to guide the same (such carriages as are conducted by some person holding the reins of the horse or horses drawing the same excepted); or if the driver of any carriage whatsoever, on any part of any street or highway, shall, by negligence or wilful misbehaviour, cause any hurt or damage to any person or carriage passing or being upon such street or highway, or shall quit the highway and go on the other side of the hedge or fence inclosing the same; or wilfully be at such distance from such carriage whilst it shall be passing upon such highway, that he cannot have the direction and government of the horses or cattle drawing the same; or shall, by negligence or wilful misbehaviour, prevent, hinder, or interrupt the free passage of any other carriage, or of his Majesty's subjects on the said highways; or if the driver of any empty or Empty cart, and unloaded waggon, cart, or other carriage, shall refuse or neglect to turn not turning aside. aside, and make way for any coach, chariot, chaise, loaded waggon, cart, or other loaded carriage; or if any person shall drive, or act as the driver of any such coach, post-chaise, or other carriage, let for hire, or waggon, wain, or cart, not having the owner's name, as before (s. 59, post, 64,) required, paint (a) Form (50). (b) Form (39). (c) Form (60). (d) Form (61). OF DRIVERS. 13 Geo. 3, c. 78. MISBEHAVIOUR ed thereon, or shall refuse to discover the true christian and surname of the owner of such respective carriages; every such driver so offending in any of the cases aforesaid, and being convicted of any such offence, either by his own confession, the view of a justice of peace, or by the oath of one or more credible witness or witnesses before any justice of the peace of the limit where such offence shall be committed, shall, for every such offence, forfeit (a) any sum not exceeding 10s., in case such driver shall not be the owner of such carriage; and in case the offender be owner of such carriage, then any sum not exceeding 20s.; and, in either of the said cases, shall, in default of payment, be committed to the house of correction, for any time not exceeding one month, unless the same shall be sooner paid; and every such driver, offending in either of the said cases, shall and may, by authority of this act (b), with or without any warrant, be apprehended by any person or persons who shall see such offence committed, and shall be immediately conveyed or delivered to a constable or other peace officer, in order to be conveyed before some justice of the peace, to be dealt with according Driver refusing to to law; and if any such driver, in any of the cases aforesaid, shall refuse to discover his name, it shall and may be lawful for the 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, and expressing in such proceedings that he refused to discover his name." discover name. Penalty. The owner's name to be put on car riages. Sect. 59. "And for the better discovery of offenders against this preand place of abode sent act," it is enacted, "that the owner of every waggon, wain, or cart, and also of every coach, post-chaise, or other carriage let to hire, shall paint, or cause to be painted, upon some conspicuous part of his waggon, wain, or cart, and upon the pannels of the doors of all such coaches, postchaises, or other carriages, before the same shall be used upon any public highway, his or her christian and surname, and the place of his or her abode, in large legible letters; and continue the same thereupon so long as such waggon, cart, coach, post-chaise, or other carriage, shall be used upon any such highway; and the owner of every common stage-waggon or cart, employed as travelling stages from town to town, shall, over and above his or her christian and surname, paint, or cause to be painted on the part, and in the manner aforesaid, the following words, Common stage-waggon, or Cart, as the case may be. And every person using any such carriage as aforesaid upon any highway, without the names and descriptions painted thereon respectively, as aforesaid, or who shall paint or cause to be painted any false or fictitious name or place of abode on such waggon, wain, cart, coach, postchaise, or other carriage, shall forfeit for every such offence a sum not exceeding 51., nor less than 20s. (c)." Misconduct of coachmen. Drivers of carriages misbehav For enactments relative to the misconduct of drivers of public coaches, and stat. 1 Geo. IV. c. 4, for punishing persons occasioning accidents (d) by furious driving, see post, Stage Coaches, Vol. V. By stat. 1 Geo. I. st. 2, c. 57, s. 8, if any person, driving any cart, dray, car, or waggon, in the streets of London, shall ride upon the same, not hav1 Geo. 1, st. 2, c. 57. ing some other person on foot to guide the same, he shall, on conviction be ing. 24 Geo. 2, c. 43. fore the alderman of the ward, or a justice of the peace, on oath of one witness, forfeit 10s. by distress and sale; half to the informer, and half to the poor; and, in default of payment, to be sent to the house of correction, there to be kept to hard labour for three days. And by stat. 24 Geo. II. c. 43, s. 8, 9, if any carter, drayman, carman, waggoner, or other driver, shall ride upon his cart, &c., in London, or within (a) Form (62), post. (d) Where a carter riding on the owner's name. Two methods of acting only are allowed, viz. to convict on view, or to apprehend the offender. But this is a third course, and though the statute is beneficial, yet it is liable to abuse, and parties, therefore, must adhere to its letter. Jones v. Owen, 2 D. & R. 600. |