Page images
PDF
EPUB

No. 17.-SUMMONS for any person or persons to attend a Justice or
Justices.

County of

TO
TO A. B of

to wit. WHEREAS complaint and information hath been made before me, C. D. one of his Majesty's justices of the peace for the said [county, &c.] by E.-F. of That, &c. [here state the nature and circumstances of the case, as far as it shall be necessary to show the offence, and to bring it within the authority of the justice, and in doing that, follow the words of the Act as near as may be] These are therefore to require you personally to appear before me [or, the Justices to be assembled at their Special Sessions to be holden] at in the said [county, &c.] on the of

in the

day of

next at the hour noon, to answer to the said complaint and information made by the said E. F. who is likewise directed to be then and there present, to make good the same. Herein fail not. Given under my hand, this

County of

to wit.

day of

No. 18.-INFORMATION.
BE it remembered, That on the

of

said county, informeth me,

A. B. of

ty's justices of the peace for the said county, That of

day in the

one of his Majes

in the said county [here describe the offence, with the time and place, and follow the words of the Act, as near as may be] contrary to the statute made in the third year of the reign of King George the Fourth," For regulating Turnpike Roads," which hath imposed a forfeiture of for the said offence. day of

Taken the

me, A. B.

before

No. XV.

3 Geo. IV.

c. 126.

[blocks in formation]

one of his Majesty's justices of the peace for the said county, for [here specify the offence, and when and where committed,] contrary to the form of the statute made in the

intituled [here set forth the I do hereby declare and adjudge that the said A. the said offence, the sum of

mitted to

for the space of

year of the reign of title of the Act,] and B. hath forfeited, for

[or, shall be comas the case may be.]

Given under my hand and seal the day and year first above written.

C. D.

in the said

No. 20.-WARRANT to distrain for Forfeiture. To the [Constable], [Headborough], or [Tithingnian] of County of WHEREAS A. B. of to wit. county, is this day convicted before me, C. D. esquire, one of his Majesty's justices of the peace in and for the said County, upon the oath of G. H. a credible witness, for that the said A. B. hath [here set forth the offence, describing it particularly in the words of the statute, as near as may be] (contrary to the statute in that case made and provided,) by reason whereof the said A. B. hath forfeited, the sum of to be distributed as herein is mentioned, which he hath refused to pay: These are therefore in his Majesty's name to command you to levy the said sum of by distress of the goods and chattels of him the said A. B.; and if within the space of four days next after such distress by you taken, the said sum, together with the reasonable charges of taking and keeping the same, shall not be paid, that then you do sell the said goods and chattels so by you distrained, and out of the money arising by such sale, that you do pay one

No. XV. 3 Geo. IV. c. 126.

to E. F. of

half of the said sum of
who informed me of the said offence, and the other half of the said sum
of
to I. K. the surveyor of the turnpike road
[describing it] where the said offence [neglect or default] happened, to
be employed towards the repair of the said road, returning the overplus
on demand to him the said A. B. [the reasonable charges of taking
keeping and selling the said distress being first deducted]; and if suffi-
cient distress cannot be found of the goods and chattels of the said A. B.
whereon to levy the said sum of
that then you

certify the same to me, together with this warrant.
Given under my hand and seal, the

day of

C. D.

No. 21.-RETURN of the Constable, to be made upon the Warrant of
Distress, where there are no Effects.

in

do hereby certify and make oath,

I A. B. Constable of the [Parish, &c.] of
the county of
That by virtue of this warrant I have made diligent search for the goods
of the within-named
and that I can find no suffi-

cient goods whereon to levy the within sum of
As witness my hand, the

Sworn before me, the day and year, &c.

day of

No. 22.-COMMITMENT for Want of Distress.
TO the [Constable] of

County of

to wit.}

A. B.

C. D.

in the said

county and to the Keeper of the Common Gaol [or,
the House of Correction] at
in the said county.

WHEREAS A. B. of

on the

day of

in the said county, was convicted before

me C. D. esquire, one of his Majesty's justices of the peace in and for
the said county, upon the oath of E. F. a credible witness, for that he
the said A. B. [here set forth the offence], contrary to the statute made in
the third year of the reign of his Majesty King George the Fourth,
"For regulating Turnpike Roads," by reason whereof the said A. B.
hath forfeited the sum of
And whereas on the
in the year aforesaid,

day of

I did issue my warrant to the [constable] of
levy the said sum of

to

by distress and sale of the goods and chattels of him the said A. B. and to distribute the same according to the directions of the said statute: And whereas it duly appears to me, upon the oath of the said [constable], that the said [constable] hath used his best endeavours to levy the said sum on the goods and chattels of the said A. B. as aforesaid; but that no sufficient distress can be had whereon to levy the same: These are therefore to command you, the said [constable] of aforesaid, to apprehend the said A. B. and him safely to convey to the common gaol [or house of correction] at in the said county, and there deliver him to the keeper thereof together with this precept: And I do also command you the said keeper, to receive and keep in your custody the said A. B. for the space of three months, unless the said sum shall be sooner paid, pursuant to the said conviction and warrant; and for so doing this shall be your sufficient warrant.

Given under my hand and seal, the

in the year of our Lord

day of

C. D.

No. 23.-NOTICE of Appeal to the Quarter Sessions.

A. B. Take notice, that I intend to appeal to the next General Quarter Sessions of the Peace to be holden for the [county, &c.] of against an order [conviction, or other proceeding], (as the case may be) [particularly specifying the purport of such Order, &c. and assigning the grievance and cause of complaint.]

Dated the

day of

C. D.

[graphic][subsumed][subsumed]

No. 24.-GENERAL STATEMENT of the INCOME and EXPENDITURE of the [insert the Name of the particular Road] between the

[merged small][merged small][ocr errors]

Day of

Day

[ocr errors]
[ocr errors]
[ocr errors]

c. 126.

3 Geo. IV.

No. XV.

No. XVII.

4 Geo. IV. [No. XVI.] 4 George IV. c. 49.-An Act for regulating Turnpike Roads in that Part of Great Britain called Scotland.-[4th July 1823.]

c. 95.

3 G. 4. c. 126.

So much of recited Act as to

Construction of

the Tire of Wheels repealed.

Nails of the
Tires of Wheels
of Waggons,
&c., to be so

countersunk as
not to project
beyond one
quarter of an

Inch above Surface of Tires. Penalty on

using them con. trary hereto after Jan. 1, 1826.

So much of re
cited Act as
prohibits the
Use of Car-
riages with

Wheels of less
Breadth than
Three Inches
repealed.

So much of re

[ No. XVII.] 4 George IV. c. 95.—An Act to explain and amend an Act, passed in the Third Year of the Reign of His present Majesty, to amend the general Laws now in being for regulating Turnpike Roads in that Part of Great Britain called England.-[19th July 1823.] WHEREAS an Act was passed in the third year of the reign of his present Majesty, intituled An Act to amend the general Laws now in being for regulating Turnpike Roads in that Part of Great Britain called England: And whereas the said Act requires to be explained amended and some enactments thereof to be repealed: May it therefore please your Majesty that it may be enacted; and be it enacted by the King's inost excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, That so much of the said recited Act as enacts, that from and after the first day of January one thousand eight hundred and twenty-six, if the tire or tires of any wheel or wheels of any waggon cart or other such carriage, which should be used or drawn on any turnpike road, should not be so made or constructed as not to deviate more than half an inch from a flat or level surface in wheels exceeding six inches in breadth, or more than one quarter of an inch from a flat or level surface in wheels less than six inches in breadth; or in case the several nails of the tire or tires of every such wheel or wheels should not be so countersunk as not to project above one quarter of an inch above the surface of such tire or tires, then and in every such case the owner of every such waggon cart or other such carriage should, for every such offence forfeit and pay the sum of five pounds, and every driver thereof the sum of forty shillings, shall be and the same is hereby repealed.

II. And be it further enacted, That from and after the first day of January one thousand eight hundred and twenty-six, the several nails of the tire or tires of the wheels of every waggon, wain, cart, or other such carriage used or drawn on any turnpike road, shall be so countersunk as not to project beyond one quarter of an inch above any part of the surface of such tire or tires; and if any waggon cart or other such carriage shall, from and after the said first day of January one thousand eight hundred and twenty-six, be drawn or used on any turnpike road, with any wheel or wheels made constructed or being otherwise than as herein-before last described, the owner or owners thereof shall forfeit any sum not exceeding forty shillings, and every driver thereof any sum not exceeding twenty shillings, for each and every time that such waggon cart or other such carriage shall be used or drawn on any turnpike road.

III. And be it further enacted, That so much of the said recited Act as enacts, that from and after the first day of January one thousand eight hundred and twenty-six, no waggon or other such carriage should be allowed to travel or be used on any road with the fellies of the wheels thereof of a less breadth than three inches; and from and after the day and year last mentioned, if any waggon, or other such carriage, having the fellics of the wheels thereof of less breadth than three inches, should be used or drawn on any turnpike road, the owner of every such waggon or other such carriage so used should for every such offence forfeit and pay any sum not exceeding five pounds, and every driver thereof, not being the owner, any sum not exceeding forty shillings, shall be and the same is hereby repealed.

IV. And be it further enacted, That so much of the said recited Act as cited Act as re- directs, that where any particular Act or Acts of Parliament then in force quires that when there is a Scale of Tolls such Scale should be continued, repealed,

for the making repairing or maintaining any turnpike road, should direct an higher rate of toll or tolls on any waggon, wain, cart, or other such carriage, having the fellies of the wheels thereof of less breadth than six inches, and such higher rate is more than the addition which is thereinbefore directed to be taken, such higher rate of tolls, in and by such Act or Acts imposed, should continue to be levied and collected on the said road to which the said Act or Acts should relate, in the proportions there fixed, shall, from and after the first day of January one thousand eight hundred and twenty-four, be and the same is hereby repealed.

V. And be it further enacted, That where the trustees or commissioners of any turnpike road shall not, previously to the passing of the said recited Act, have taken and collected on the road under their care and management the additional tolls on waggons, wains, carts, or carriages having the wheels thereof of less breadth or gauge than six inches from side to side at the bottom or sole thereof, and on the horses or beasts of draught drawing the same, directed to be taken and collected by an Act passed in the thirteenth year of the reign of his late Majesty King George the Third, intituled An Act to explain, amend, and reduce into one Act of Parliament the general Laws now in being for regulating the Turnpike Roads in that Part of Great Britain called England, and for other Purposes, and the particular or local Act or Acts of Parliament in execution whereof the said trustees or commissioners shall act, shall not have provided a scale of tolls applicable to the road under their care and management, such trustees or commissioners shall, from and after the first day of January one thousand eight hundred and twenty-four, continue to take collect and receive for every waggon, wain, cart, or other such carriage, having the fellies of the wheels thereof of less breadth or guage than four and a half inches from side to side at the bottom or sole thereof, or for the horses or beasts of draught drawing the same, the same tolls as are in and by such particular or local Act or Acts payable in respect of such waggons, wains, carts, or other such carriages; and for every waggon, wain, cart, or other such carriage, having the fellies of the wheels thereof of the breadth or gauge of four and half inches and less than six inches at the bottoms or soles thereof, or for the horses or beasts of draught drawing the same, one sixth less than the tolls which are or shall be payable for the same; and for every waggon, wain, cart, or other such carriage, having the fellies of the wheels thereof of the breadth of six inches or upwards at the bottoms or soles thereof, or for the horse or horses drawing the same, one third less than the tolls or duties which are or shall be payable for the same by any Act or Acts of Parliament made for making repairing or maintaining any turnpike road.

VI. And be it further enacted, That where any particular Act or Acts of Parliament now in force, for the making repairing or maintaining any turnpike road, shall direct an higher or lower rate of toll or tolls to be collected and taken on any waggon, wain, cart, or other such carriage, or on the horse or horses drawing the same, regulated by or in respect of the greater or lesser breadth of the wheels of such waggon, wain, cart, or other such carriage, and where, in addition to the tolls received under such particular Act or Acts, the additional tolls in respect of the breadth of wheels authorized to be taken by the said Act passed in the thirteenth year of the reign of his late Majesty shall not have been collected and imposed, it shall and may be lawful for the trustees or commissioners acting in execution of any such particular Act or Acts of Parliament, from and after the first day of January one thousand eight hundred and twentyfour, to continue to collect the tolls directed to be taken under the powers and provisions of such Act or Acts of Parliament, in execution whereof they shall act, and they shall not impose the additional tolls authorized and required to be levied by the said recited Act on waggons, wains, carts, or other such carriages having the fellies of the wheels thereof of less breadth than six inches.

[blocks in formation]

VII. Provided always, and be it further enacted, That in every case In case the where the tolls authorized and empowered to be taken on any turnpike Tolls shall not be leased or if leased by Agreement with the Lessee, they may be reduced before the 1st of Jan. 1824,

« PreviousContinue »