NRO X7473 (3 boxes)

AN

A C T

FOR

Continuing the Term and enlarging the Powers of an Act passed in the Eighth Year of His present Majesty's Reign, for repairing and widening the Road from the Way-Post, in the Parish of Hardingstone, in the County of Northampton, to Old Stratford, in the said County

Preamble.

Whereas by an Act of Parliament made in the Eighth Year of the Reign of His present Majesty, intitled, An Act for repairing and widening the Road from the Way-Post in the Parish of Hardingstone, in the County of Northampton, to Old Stratford, in the said "County," several Tolls were granted, and Powers given to Trustees therein named, for amending and repairing the said Road:

And whereas the said Trustees have borrowed a considerable Sum of Money on the Credit of the Tolls granted by the said Act, which together with the Tolls have been applied in repairing the said Road, and they have made Progress in the Repairs thereof:

And whereas by the said Act, the Trustees are restrained from taking Tolls upon some particular Parts of the said Road, by reason of which Restriction the Tolls do not produce a Sum sufficient to pay the Interest of the present Debt, and to keep the said Road in Repair; and unless some further Tolls are granted, and the term and Powers of the Act enlarged, the Money now due and owing on the Credit thereof cannot be discharged, and the Road kept in good Repair:

May it therefore Please Your M A J E S T Y

Terms of the former Act continued and to liable to the present Debt.

That this be Enacted, and be it Enacted, by the King's most Exellent Majesty, by and with the Advice and Consent of the Lords Spritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, That the said Act made in the Eighth Year of the Reign of His present Majesty; and all and the Clauses, Powers, Authorities Provisions, Exemptions, Priviledges, Penalties, Forfeitures, Matters and Things therein contained, shall from and after passing of this said Act, be in full Force, and have Continuance, for and during the Residue and Remainder of the term now to come and unexpired of the said Act of the Eighth Year of the Reign of His present Majesty; and from and after the Expiration of the said term. For and during the further Term of Twenty-one Years, and from thence to the End of the then next Session of Parliament, for the Purpose of amending and keeping in Repair the said Road, and this Act, according to the true Intent and Meaning of the said Act respectively; which said respective Terms by the said former Act. And this present Act, granted and continued as aforesaid, and also the several Tolls herein mentioned, and hereby authorized to be collected and received, shall be, and the same are hereby declared to be, subject and liable as well to Payment of all such Sums of Money as have been borrowed and are now due and owing upon the Credit of the said former Act, as to the Payment of all Sums of Money which shall or may at any Time or Times hereafter be borrowed or due on the Credit of the said Act, and of this present Act, and all Interest now due owing, owing, or which shall or may hereafter become due and owing for the same respectively.

That the former Tolls have ceased.

And whereas the Tolls allowed to be collected by virtue of the said former Act are insufficient for the Purpose of keeping in Repair the said Road, and for paying the Interest of the Money borrowed and which may be borrowed on the Credit of the said former Act, and of this present Act, and other necessary Expences relating to the Execution thereof; be it therefore Enacted, by the Authority aforesaid. That from and after the Passing of this Act, the Tolls directed to be taken by the said Act shall cease, determine, and be no longer paid; any thing in the said Act to the contrary hereof notwithstanding.

Tolls to be taken in lieu thereof.

And be it further Enacted, That immediately from and after the Passing of this Act, the Trustees for putting the said former Act and this Act in Execution, or any Five or more of them, or such Person or Persons as they, or any Five or more of them, shall authorize and appoint for that Purpose, shall and may, and they are hereby authorized and impowered to demand, receive, and take, or cause to be demanded, received, and taken, at each and every Gate or Turnpike already erected by virtue of the said former Act, or which shall or may be erected by virtue of the said former Act and this present Act, before any Cattle or Carriage whatsoever shall be permitted to pass through any of the said Gates or Turnpikes, the following Tolls; that is to say, For every Horse, Mare, Gelding, or Mule, drawing any Coach (except Common Stage-Coaches regularly carrying Passengers for Hire) the Sum of Six-pence: For every Horse, Mare or Gelding, drawing any such Stage-Coach, the Sum of Three-pence: For every Horse, Mare or Gelding or Mule, drawing any Berlin, Landau, Phaeton, Chariot, Chaise, Chaise-Marine, Calash, Hearse, or Chair, the Sum of Six-pence: For every Horse, Mare, Gelding, or Beast of Draught, drawing any Waggon, Wain, Cart or other Carriage, the Sum of Four-pence: For every Horse, Mare, Gelding, Mule or Ass, laden or unladen, and not drawing, the Sum of Two-pence: For every Drove of Oxen, or Neat Cattle, the Sum of One shilling and Three-pence per Score; and so in Proportion for any greater or less Number: And for every Drove of Swine, Sheep or Lambs, the Sum of Seven-pence Half-penny per Score; and so in Proportion for any greater or less Number: Which said respective Tolls shall be, and are hereby vested in the said Trustees for putting the said former Act and this Act in Execution; and the said respective Tolls and every Part thereof shall and may be applied, disposed of, and assigned to and for the several Uses, Intents, and Purposes of the said former Act and this present Act, according to the true Intent and Meaning thereof and hereof respectively; and the said Trustees, or any Five or more of them, or such Person or Persons as they, or any Five or more of them, shall authorize and appoint for that Purpose, shall have the same Powers, Authorize, and Remedies, for demanding, collecting, recovering, and levying the Tolls hereby granted and made payable, as were, in and by the said former Act, given and granted for demanding, collecting, recovering, and levying the Tolls thereby granted; and all Persons evading, or attempting to evade, the Tolls hereby granted and made payable as aforesaid, or any part or parts thereof, shall, for every such Offence, be subject and liable to such and the same Penalties and Forfeitures as Persons evading, or attempting to evade, any of the Tolls granted by the said former Act were thereby made subject and liable to; and all such Penalties and Forfeitures shall and may be levied and recovered in such and the like Manner, and by the same Ways, Means, and Methods, as any like Penalties or Forfeitures inflicted by the said former Act upon Persons evading, or attempting to evade, the Tolls thereby granted, or any Part or Parts thereof could or might be levied and recovered; and such Penalties and Forfeitures when recovered shall be applied and disposed of for the Purposes of the said former Act and this Act, and to no other Uses or Purpose whatsoever.

Tolls to be Security for Money borrowed.

And whereas the said trustees did at some or one of their Meetings order. That a Sum not exceeding Three Thousand Pounds should be borrowed and taken up at Interest on the Credit of the Tolls payable by virtue of the said Act; and that the said Sum of three Thousand Pounds should be divided into Thirty Shares or parts; and the said trustees, in Pursuance of such Order, have already borrowed and taken up at Interest the Sum of Two Thousand Seven Hundred Pounds, Part of the said Three Thousand Pounds, and have mortgaged, assigned and conveyed over Twenty-seven of the said Thirty Shares of the said Two Thousand Seven Hundred Pounds: And whereas it will be necessary for the more effectual amending and keeping the said Road in Repair, to borrow a larger Sum of Money in the Whole than the said Sum of Three Thousand Pounds; Be it therefore Enacted by the Authority aforesaid, That the several and respective Tolls herein before granted and made payable, shall, from and immediately after the Passing of this Act, be subject and liable as well to the Payment of all Monies already borrowed and due on the Credit of the Tolls granted by the said former Act. As to the Payment of all Monies which shall or may at any Time or Times hereafter be borrowed on the Credit of the Tolls herein before granted, and all and every Person and Persons to whom any Mortgage or Assignment hath been made by virtue of the said former Act of the Tolls thereby granted, or whom any Mortgage or Assignment shall hereafter be made by virtue of the said former Act, and this Act, of the Tolls by this Act granted, or Sums by them respectively advanced, or to be advanced, Creditors on the said Tolls in an equal Degree one with another, and shall have no Preference or Advantage in respect of the Priority of Advancing any such Monies, or of making the said Division of the said Tolls into Shares as aforesaid, or of any Mortgage or Mortgages of such Tolls respectively.

Clause in former Act, restraining Trustees from erecting Turnpikes in certain Places, repealed.

And be it further Enacted by the Authority aforesaid, That so much of the said recited Act as directs that no Turnpike shall be erected upon the said Road, or on the Sides thereof within Two Miles of the Turnpike-Road leading from Northampton to Newport-Pagnell, nor within Two Miles of the Turnpike-Road leading from Stoney-Stratford to Towcester, shall, from and immediately after the passing of this Act, be, and the same is hereby, repealed.

That Turnpikes shall be erected at Wootton Bridge and Quarry-Bridge.

And it be further Enacted by the Authority aforesaid, That the said Trustees, or any Five or more them, shall, and are hereby required forthwith to cause to be erected and set up a turnpike upon, in, or across the said Road at either End of Wootton-Bridge in the Parish of Courteenhall in the said County of Northampton, in the Room or Stead of the present Turnpike in Courteenhall-Lane; and shall also cause to be erected one other Turnpike upon, in, or across the said Road, at either End of Quarry-Bridge in the parish of Cosgrove and Furthoe, or one of them, in the said County of Northampton; and also a Toll-house to each of the said Turnpikes, with suitable Out-buildings thereto; and also shall and may take in and inclose, or cause to be taken in and inclose, on the Sides of the said Road, such convenient Garden Spots for each Toll-house as the said trustees, or may Five or more of them, shall direct and appoint; and shall demand, receive, and take Tolls herein before granted at each of the said Turnpikes before any Horse, Cattle, Beast or carriage whatsoever shall be permitted to pass through the same.

To prevent removing the Turnpike to be erected at Wootton-Bridge and Quarry Bridge.

And it be further Enacted by the Authority aforesaid, That the Turnpikes to be erected at Wootton-Bridge and Quarry-Bridge as aforesaid, shall always be continued at the said bridges, unless it shall be otherwise determined by a Majority of Trustees ay some Meeting to be held for that Purpose, as herein after is directed; and also unless the Creditor or Creditors of Three-fourths of the Money which shall be then due owing on the Credit of the said former Act and this Act, shall, by Writing under his, her, or their Hand or Hands, consent that the said Turnpikes, or either of them, shall be removed to some other Place; provided always that no Meeting shall be held for removing such Turnpikes, unless Six Weeks Notice, thereof at the least shall be given in the Northampton Mercury, or some Publick News-Paper that shall then be circulated in the County of Northampton Three Times successively before the Day of holding such Meeting; and also unless Notice thereof shall be affixed upon the Turnpike or Turnpikes so intended to be removed Fourteen Days at the least before the day of holding any such Meeting; and no Meeting shall be holden for the Purpose aforesaid in any Year but upon some day in the Month of July; and the said Trustees mat at any such Meeting cause such Turnpike or Turnpikes so be removed to be erected and set up upon any Part or Parts of the Road directed to be repaired by the said former Act and this Act where they shall think most proper; any thing in the said former or this present Act to the contrary hereof notwithstanding.

Power to compound for Tolls.

And be it further Enacted by the Authority aforesaid, That it shall and may be lawful for the said Trustees, or any Five or more of them, from time to time, as they shall think fit, to compound and agree (for any Term not exceeding One Year at a Time) with any Person or Persons travelling through any Turnpike or Turnpikes continued, or to be erected by virtue of the said former Act or this present Act, with any Horse, Cattle, or Carriage, for any Sum or Sums of money which they, or any Five or more of them, shall think reasonable; which Composition Money shall be paid Quarterly in advance; and in Default of such payment, the Composition or Agreement, with the Person or Persons making such Default shall be void; and all such Composition Money, when received, shall be applied and disposed of as the Tolls herein before granted are directed to be applied and disposed of.

Statute Work to be done by the Parishes of Wootton, Cosgrove and Furthoe.

And be it further Enacted by the Authority aforesaid, That the Provision in the said Act which directs, that the Inhabitants of the several Parishes of Wootton, Cosgrove and Furthoe, shall not be compelled to do or perform more than One Day's Statute Work in any One Year upon the Road thereby directed to be repaired, shall be, and the same is hereby repealed: And that from and after passing of this Act, the Inhabitants of the several parishes of Wootton, Cosgrove and Furthoe shall be, and they, each, and every of them is and are hereby required to do and perform One day and One Half day's Statute Work in every Year upon the said Road; any thing in the said former Act contained to the contrary notwithstanding.

For paying the Expences of the Act.

And be it further Enacted by the Authority aforesaid, That the Charges and expences of obtaining and passing this Act shall be paid out of any Money to be collected or raised by virtue of the said former Act, or of this Act.

Power to call extra Meetings.

And it is to be further Enacted, That if upon any Emergency any Five or more of the said Trustees, shall think a Meeting of the said Trustees necessary to be held, before the Time appointed by virtue of any Adjournment or Appointment, for holding any Meeting of the Trustees for putting the said former Act and this Act in Execution; then, and in every such Case, any Five or more of the said Trustees, shall acquaint the Clerk of the said Trustees, give Seven Days Notice at least in Writing (to be affixed on all the Turnpikes which shall be then erected by virtue of the said former Act, or of this present Act) of the Time and Place of holding any such Meeting or Meetings; and in such Notice or Notices shall be specified the particular Business intended to be done and transacted at such Meeting or Meetings; and which Business the said Trustees, or the major Part of them, (not under the Number of Five present at such Meeting or meetings) may do and transact at such meeting or meetings, than what shall be specified in such Notice or Notices as aforesaid, shall be, to all Intent and Purposes, void and of none Effect.

Bar-keepers to be competent Witnesses.

And it is to be further Enacted, by Authority aforesaid, That where it shall be necessary to distrain any Horse, Horses, or other Cattle, or any Goods or Chattels, to recover the Tolls directed to be taken by virtue of the said Act, or this present Act, of any Person or persons subject to the Payment of the same, who shall neglect or refuse to pay the same, after Demand thereof made; such Distress shall and may be made or taken by the Person or Persons appointed to collect the Tolls herein granted, or by any One or more of the Surveyors of the said Road, or by any other Person or persons who shall be for that purpose appointed by the said trustees, or any Five or more of them: And that in case any Dispute, Litigation, or Suit, shall arise, or be had or prosecuted touching or concerning such Distress or Distresses, or the Prosecution thereof, or concerning the Nonpayment of the said Tolls, or any Part thereof, the Person or persons appointed to collect the said Told shall be at all Times, in all Courts and Places, and before any Judge or Judges, Magistrate or Magistrates, a good and competent Witness or Witnesses to prove the Legality of the Distress, the Nonpayment of such Toll or Tolls, or any Part thereof. Or to give any Proof or proofs, Testimony, or evidence, which shall be requisite in any such Case.

Form of Conviction.

And, for the more easy and expeditious Conviction of Offenders against the said former Act and this Act, be it further Enacted by the Authority aforesaid, That all and every Justice and Justices of the Peace before whom any Person or Persons shall be convicted of any Offence against the said former Act or this Act, shall and may cause the Conviction to be drawn up in the following Form of Words, or in any other Words to the same Effect.

Be it remembered, that on the . . . . . Day of . . . . .in the . . . . . Year of the Reign of His present Majesty A.B. is convicted before . . . . . of His majesty's Justices of the Peace for the County of Northampton [specifying the Offence, and Time and Place when and where the same was committed, as the Case shall be.] Given under our Hands and Seals [or Hands and Seals, as the Case shall be] the Day and the Year aforesaid.

Limitation of Actions.

And be it further Enacted, That no Action at Law be brought or commenced against any Person or Persons for ant Thing done, or to be done, by virtue of this Act, until Twenty Days Notice thereof in Writing shall be given to the Person or persons against whom such action shall be intended to be brought, or left at his or her last or usual Place or Places of Abode, setting forth the Causes of such Action brought for the Thing done, or to be done as aforesaid, shall be brought within the Space of Six Calendar Months next after the Cause of Complaint shall arise. And shall be laid and tried in the County of Northampton. And not elsewhere; and the Defendant or Defendants therein may plead the General Issue, and give this act, and the special Matter in Evidence at any Trial to be had thereupon, and that the same was done by virtue hereof; and if on the Trail of such Action, it shall appear that the same was brought before the Expiration of Twenty days next after such Notice shall have been so given or left as aforesaid. Or after the End of Six calendar Months next after the Cause thereof shall have arisen; or if such action shall be brought or laid in any other County than aforesaid, or after sufficient Tender of Amends shall have been made to Party or Parties aggrieved; that then, and in any of the Cases aforesaid, the Jury shall find for the Defendant or Defendants therein; and in all Cases where any Verdict shall be found for any Defendant or Defendants in such Action, or if the Plaintiff or Plaintiffs shall discontinue the same after the defendant or Defendants shall have appeared. Or shall be Notified; or if upon Demurrer, Judgement shall be given against the Plaintiff or Plaintiffs, the Defendant or Defendants in such Action shall Treble Costs and shall have such Remedies for recovering the same, as Defendants have for recovering their Costs in other Cases of Law.

Publick Act.

And be it further Enacted by the Authority aforesaid, That this Act shall be adjudged, deemed, and taken to be a Public Act, and shall be judicially taken Notice of as such by all Judges, Justices, and other Persons whomsoever, without specially pleading the same.