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poses, as if the several Clauses relating thereto were repeated and re-enacted in this Act.

all Carts, &c.

liable.

LXXX. And be it enacted, That the Keeper of every such Keepers of Toll Gate where any such Weighing Engine shall be erected, Weighing Enor any other Person appointed or to be appointed by the said gines to weigh Commissioners to the Care of any Weighing Crane, Machine, or Engine, shall and he is hereby required to weigh all such Waggons and Carts liable to be weighed by virtue of the Laws now in force which he shall have Reason to believe have any greater Weights than are allowed to pass without paying such additional Tolls; and Penalty for if any Gatekeeper or Person so appointed shall permit any such Neglect. Waggons or Carts to pass through any such Toll Gate with greater Weight than is allowed as aforesaid, without weighing the same, and receiving such additional Tolls as aforesaid, every such Gatekeeper or Person so appointed shall forfeit and pay any Sum not exceeding Forty Shillings; or if any Owner or Driver of any Penalty on such Waggon or Cart which shall pass loaded through any such Owner, &c. reGate shall refuse to suffer his Waggon or Cart to be weighed, his Cart, &c. fusing to allow or shall refuse to drive his Carriage upon the Engine, upon being to be weighed. requested so to do by the Collector or Receiver of such additional Tolls, every such Driver, being the Owner of every such Waggon or Cart, shall for every such Offence forfeit and pay any Sum not exceeding Five Pounds, and every such Driver of every such Waggon or Cart, not being the Owner, shall for every such Öffence forfeit and pay any Sum not exceeding Forty Shillings, to be recovered and applied as other Penalties and Forfeitures are by this Act directed to be recovered.

nivance of

LXXXI. And in order to detect the said Collector or Receiver Commissioners in any fraudulent Connivance or Neglect of Duty in the Matters to adopt Means aforesaid, be it enacted, That it shall and may be lawful to and for to prevent Conthe said Commissioners, or for the Engineer, Clerk, Treasurer, or Collector or Surveyor, or other Agent of the said Commissioners, if they or Receiver. he shall suspect any such Connivance or Neglect as aforesaid, to cause any Carriage, liable to be weighed by virtue of this Act, which shall have passed through any Toll Gate, and shall not have passed to be above One hundred Yards beyond or from such Weighing Engine as aforesaid, to return to such Weighing Engine, and be there weighed, with the Loading thereof, in the Presence of such Commissioners, Engineer, Clerk, Treasurer, Surveyor, or other Agent, upon requiring the Driver thereof to drive such Carriage back to such Weighing Engine, and upon paying or tendering to him the Sum of Two Shillings and Sixpence for so doing (which Sum of Two Shillings and Sixpence shall be returned to the Person so requiring the same to be weighed, if upon weighing such Carriage and Loading thereof the same shall be found above the Weight allowed); and if the Driver of any such Carriage, being so requested to return with his Carriage to any such Weighing Engine, shall neglect or refuse so to do, he shall forfeit and pay any Sum not exceeding Forty Shillings; and it shall and may be lawful to and for any Peace Officer or any other Person or Persons being then present, upon such Neglect or Refusal, to drive and take such Carriage back to any such Weighing Engine, in order that the same may be weighed as aforesaid.

LXXXII. And

Commissioners may appoint

Collectors, and for Neglect of Duty dismiss them and appoint others.

If Collector,

&c. refuse to

give up Toll House Justices

session.

LXXXII. And be it enacted, That when and so often as any Collector or Receiver of the Tolls shall die, or shall neglect or refuse to perform or become incapable of performing his Duty, or shall abscond or absent himself, it shall be lawful for the said Commissioners to discharge such Collector or Receiver so neglecting or refusing to perform or becoming incapable of performing his Duty, or absconding or absenting himself, and to appoint some other Person or Persons to be a Collector or Receiver of the said Tolls ; and if any Collector or Receiver of the said Tolls who shall be discharged from his said Office by virtue of this Act, or the Wife or Widow or any of the Children, Family, or other Representatives of may give Pos. any Collector or Receiver who shall die or be discharged, or any other Person or Persons who may have the Possession of any Toll House or Building, or any Appurtenance thereto, to be erected, set up, or raised by virtue of this Act, shall neglect or refuse to deliver up the Possession thereof for the Space of Twenty-four Hours next after Demand thereof made by Notice in Writing for that Purpose given to such Collector or Receiver or other Person or Persons, or left at any such Toll House, Building, or Premises, then and in any of the said Cases it shall be lawful for any Justice or Justices of the Peace for the County or City where the same may be situate, by Warrant under his or their Hand or Seal or Hands and Seals to order a Constable or other Peace Officer, with such Assistance as shall be necessary, to enter such Toll House and Premises in the Daytime, and to remove the Persons who shall be found therein, together with their Goods, out of such House, and to put the said Commissioners or their new appointed Collector into the Possession thereof.

Commissioners may sell Toll Houses, &c. when not wanted.

Commissioners empowered to lease the Tolls.

Punishment of Persons guilty of wilful Damage.

LXXXIII. And be it enacted, That it shall be lawful for the said Commissioners to sell and dispose of any Toll House or Toll Houses to be erected by virtue of this Act, and the Ground whereon the same may stand, when they shall be considered by the said Commissioners unnecessary for the Purposes of this Act, in the same Manner and under the same Regulations as are herein-before contained for the Sale of such of the other Lands hereby authorized to be purchased as may not be wanted for the Purposes of this Act. LXXXIV. And be it enacted, That it shall be lawful for the said Commissioners from Time to Time to lease or demise all or any of the said Tolls, or from Time to Time to compound with any Parties for the said Tolls which would be otherwise payable, either by an annual Payment or otherwise, for any Term of Years not exceeding Three Years at any One Time, to take effect in possession, and not in reversion, for such Rent, payable at such Times and under such Covenants as they shall think fit, which Rent shall be applied for the Purposes of this Act.

LXXXV. And be it enacted, That if any Person shall wilfully or maliciously damage or injure the said Bridge, or any Pier, Stairs, Hard, or Landing Place to be constructed under the Provisions of this Act, or any Part thereof respectively, or any Gate, Turnpike, or Toll House belonging thereto, or shall wilfully or maliciously, and without Authority from the said Commissioners, remove or take away any Works thereunto belonging, or in any way direct or procure the same to be done, or shall be aiding or assisting therein, whereby the said Bridge, Piers, Stairs, Hard, or

Landing

Landing Place, or the Works thereof respectively, may be damaged, any Person so offending shall be judged guilty of Felony; and every such Person so offending, and being thereof lawfully convicted, shall be subject to the like Punishments and Penalties as in Cases of Felony; and the Court by or before whom such Person shall be tried and convicted shall have Power and Authority to cause such Person to be punished in like Manner as Felons are directed to be punished by the Laws and Statutes of this Realm, or, in mitigation of such Punishments, such Court may award such Sentence as the Law directs in Cases of Petty Larceny.

done to the

LXXXVI. And be it enacted, That in case any Damage or Mis- Owners of chief shall be done to the Bridge, or to any such Pier, Stairs, Vessels liable Hard, or Landing Place as aforesaid, or any of the Works thereof for Damage respectively, by any Ship, Lighter, Barge, Boat, Float, Raft, or Bridge, &c. Vessel, through the wilful Negligence of any Person having the Command of any such Ship, Lighter, Barge, Boat, Float, Raft, or Vessel, or any of the Mariners or Persons employed therein, then and in every such Case the Owner of such Ship, Lighter, Barge, Boat, Float, Raft, or Vessel shall be and is hereby made answerable to the said Commissioners for the Amount or Value of any such Damage or Mischief; and the same, provided it shall not exceed the Sum of Twenty Pounds, if not forthwith paid and satisfied, shall and may be recovered in such Manner as the Penalties and Forfeitures hereby imposed are in and by this Act directed to be recovered.

paid for their

LXXXVII. And be it enacted, That in case the Owner of any Masters to such Ship, Lighter, Barge, Boat, Float, Raft, or Vessel shall be com- recover from their Servants pelled to pay any Penalty, or to make Satisfaction for any Damages, by reason of any Neglect or Default done or committed by his Ser- any Damages vants or Mariners, or any of them, such Servants or Mariners, and Neglect, &c. each and every of them, shall be liable to pay such Penalty or Damages (with the Costs thereof) to such Owner; and in case of Nonpayment upon demand thereof, and Oath made by such Owner of the Payment made by him of such Penalty, Satisfaction, or Damages, and that the same and the Costs thereof have not been repaid to him by such Servants or Mariners, or any of them, although demanded, (such Oath to be made before any One or more Justice or Justices of the Peace of the County or Place where such Penalty or Satisfaction shall have been recovered,) the Amount thereof, provided the same shall not exceed the Sum of Twenty Pounds, shall be recovered in the same Manner as any Penalty is hereby directed to be recovered.

LXXXVIII. And be it enacted, That in case any Person shall Penalty for asresist or make forcible Opposition against any Person employed saulting Colin the due Execution of this Act, or shall assault any Surveyor, lectors, &c, Engineer, or Agent, or any Collector of Tolls, in the Execution of his Office, or shall forcibly pass over or use the said Bridge, Piers, Stairs, Hards, or Landing Places, or any of them, or the Toll Gates or Bars to be erected by virtue of this Act, without having paid the said Tolls, every such Person shall for every such Offence forfeit and pay any Sum not exceeding Five Pounds. LXXXIX. And be it enacted, That if any Person shall wilfully Penalty for Inbreak, throw down, deface, or damage any of the Toll Houses, Houses, &c. or Watchhouses, Boxes, Benches, or Requisites, to be erected on the Obstructions said to Passengers.

juries to Toli

Damages and Charges, in case of Dispute, to be settled by Two Justices.

Recovery and
Application of

Penalties.

said Bridge, Piers, Stairs, Hards, or Landing Places, or to be provided for the Purpose of effectually carrying out the Purposes of this Act, or for the Convenience of the Passengers on the said Bridge, Piers, Stairs, Hards, or Landing Places, or wilfully break, throw down, damage, or destroy any Lamp Posts or Lamps on the same or any of them, or any of the Approaches thereto, or the Furniture of any of the said Lamps, or extinguish any of the said Lamps when lighted, or if any Person shall occasion any Obstruction, Annoyance, or Hindrance of any Description of Passengers on or along the said Bridge, Piers, Stairs, Hards, or Landing Places, he shall forfeit and pay for every such Offence any Sum not exceeding Five Pounds, and shall also make Satisfaction to the said Commissioners, or to any such Person or Persons as they shall appoint to receive the same, or to the Party injured, for the Damage so done as aforesaid, which Satisfaction shall be received as Part of and in the same Way as the said Penalty is by this Act authorized to be recovered; and if any such Injury as aforesaid shall be done negligently or by Accident, the Person doing or causing the same shall make Satisfaction to the Party injured, which shall and may be recovered in the same Manner as Penalties are by this Act directed to be recovered.

XČ. And be it enacted, That in all Cases wherein Damages or Charges in respect of Acts or Offences done or committed upon or relating to the said Bridge, Piers, Stairs, Hards, or Landing Places, or the Tolls thereof respectively, are by this Act directed or authorized to be paid, and the Manner of ascertaining the Amount thereof is not specified or provided for, such Amount, in case of Nonpayment thereof, or of any Dispute respecting the same, shall be ascertained and determined by some Two or more Justices of the Peace for the County of Middlesex (such Justices not being interested in the Matters in question); and where by this Act any such Damages or Charges are directed to be paid in addition to any Penalty for any Offence, the Amount of such Damages and Charges, in case of Nonpayment thereof, or of any Dispute respecting the same, shall be settled and determined by the Justices by or before whom any Offender shall be convicted of such Offence, and such Justices respectively are hereby authorized and required, on Nonpayment of the Damages in any of the Cases aforesaid, to levy such Damages and Charges, by Distress and Sale of the Offender's Goods and Chattels, in manner by this Act directed for the levying of any Penalties or Forfeiture; and for the Purposes of Venue and Jurisdiction of Justices, and any other legal or penal Proceedings, the said Bridge and the Abutments thereof shall be taken to be wholly in the County of Middlesex.

XCI. And be it enacted, That all Penalties and Forfeitures inflicted or imposed by this Act (the Manner of levying and recovering whereof is not herein otherwise particularly directed) may, in case of Nonpayment thereof, be recovered in a summary Way by the Order and Adjudication of some Two or more Justices of the Peace for the said County of Middlesex, on Complaint to them for that Purpose made, and afterwards be levied, as well as the Costs, if any, of such Proceedings or Nonpayment, by Distress and Sale of the Goods and Chattels of the respective Offenders or Persons liable to pay the same, by Warrant under

the Hands and Seals of such Justices; and the Overplus, if any, of the Money so raised or recovered, after discharging such Penalty or Forfeiture, and the Costs and Expences as aforesaid, shall be returned, on demand, to the Party whose Goods and Chattels shall be distrained; all which Penalties and Forfeitures, not herein directed to be otherwise applied, shall be paid, One Half to the Informer and the Remainder to the said Commissioners; and in case such Penalties and Forfeitures shall not be forthwith paid it shall be lawful for such Justices and they are hereby required to order the Offender so convicted to be detained in safe Custody until Return can be conveniently made to such Warrant of Distress, unless such Offender shall give sufficient Security, to the Satisfaction of such Justices of the Peace, for his Appearance before such Justices, or before some other Justices of the Peace having Jurisdiction, at such Time as shall be appointed for the Return of such Warrant of Distress, such Time not being more than Three Days from the taking of such Security, and which Security any of the said Justices are hereby empowered to take by way of Recognizance or otherwise; but in case upon Return of such Warrant it shall appear that no sufficient Distress could be had whereupon to levy the said Penalties or Forfeitures, and such Costs and Expences as aforesaid, and the same shall not be forthwith paid, or in case it shall appear to the Satisfaction of such Justices, upon the Confession of the Offender or otherwise, that he hath not sufficient Goods and Chattels whereupon such Penalties, Forfeitures, Costs, and Expences could be levied if a Warrant of Distress should be issued, (in which last-mentioned Case such Justices shall not be required to issue such Warrant of Distress,) then and in either of such Cases such Justices are hereby required, by Warrant under their Hands and Seals, to commit such Offender to some Common Gaol or House of Correction for the County or Place within their Jurisdiction, there to remain for any Time not exceeding Three Calendar Months, or until such Penalty or Forfeiture shall be sooner paid and satisfied, together with all Costs and Charges attending such Proceedings as aforesaid, to be ascertained by such Justices, or until such Offender shall otherwise be discharged by due Course of Law. XCII. And be it enacted, That in all Cases in which by this Act any Penalty or Forfeiture is made recoverable by Information before any Justice of the Peace it shall be lawful for the Justice of the Peace before whom any Complaint shall be made for any Offence committed against this Act to summon before him the Party complained against, and on such Summons to hear and determine the Matter of such Complaint, and on Proof of the Offence to convict the Offender, and to adjudge him to pay the Penalty or Forfeiture incurred, and to proceed in the Recovery of the same, although no Information in Writing or in Print shall have been exhibited before such Justice; and all such Proceedings by Summons without Information in Writing or in Print shall be as valid and effectual to all Intents and Purposes as if an Information in Writing or in Print had been exhibited.

any

Justices may
proceed by
Summons in
Penalties.

the Recovery of

For securing Offenders whose Names

XCIII. And be it enacted, That it shall be lawful for Officer or Agent of the said Commissioners, and all such Persons as he shall call to his Assistance, to seize and detain any Person and Residences

whose are unknown.

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