(4) N. B. By fect. 67. of this act, two oxen or Beat cattle are to be confidered as equal to one horfe, in the fame manner as by the highway act. Sect. 59. Vide ante, P. 411. "fhall afterwards proceed with fuch carriage into, and on the + Sect. 27. Thirdly, As to carriages, It is enacted, by 13 Geo. 3. c. 84. f. 13. That no four wheeled carriage, having the bottom of the fellies nine inches broad, fhall be drawn on any turnpike road with more than eight horses. "(4) Nor any two wheeled carriage, having wheels of the "breadth aforefaid, with more than 5 horfes. And the "horfes fhall draw in pairs, (except an odd hotfe in any team, and except where the number of horses shall not ex"ceed 4). And alfo, that no four wheeled carriage, (5) ha(5) By fect. 68. «ving the bottom of the fellies, of the breadth of 6 Inches, "fhall be drawn in any turnpike road with more than 6 "horfes; and that no two wheeled carriage, having wheels "of the breadth laft mentioned, fhall be drawh with more "than 4 horses; and no four wheeled carriage, having fel"lies less than 6 inches, with more than 4 horses; and no "two wheeled carriage, having fellies lefs than 6 inches, "with more than three horfes; and the owner shall forfeit 5. and the driver, not being the owner, 20s. for every of fence, to any perfon who fhall fue for the fame." Carriages to have names and de fcriptions on them, in the fame manner as directed by the highway act. Sect. 6c. Ante, p. 412. Rollers with fiat ↑ Sect. 28. Provided, by par. 14. "That all catriages + "moving upon rollers of 16 inches on each fide thereof, with drawn with any flat furfaces, may be drawn with any number of horses, of furfaces may be number of horfes. And by 14Geo.3. "other cattle." 81.j. 5. all fuch carriages fhall only pay half the tolls directed by this act ced, unless information be days after the Profecutions not + Sect. 29. Provided always, by par. 15. That no proto be commen- "fecution thall be commenced before a juftice by informa "tion, for any forfeiture incurred by the owner or driver ha Iid within threeving a greater number of horses, unless fuch information be "laid within three days after the offence committed; and no "action, unless commenced within one calendar month; and "neither fuch information or action, unless notice be given by "the informer to the driver on the day the offence shall be "committed, of an intention to complain of fuch offence; "and if the offender lives fo remote as to make it inconve otlence is committed. Penalty for tas nient to fummon him, the justice may difmifs the com"plaint, and leave the informer to his remedy by action at law." Sect. 30. And it is further enacted, par. 17. That if king off herfer, any perfon fhall take off any horfe, or other beast of draught, from any carriage, or fhall alter the diftance of the " wheels "wheels before the fame fhall come to any of the turnpikes, "with intent to avoid any toll forfeiture or penalty for draw"ing with a greater number of horfes, or peats of draught, than is hereby allowed an conviction before one juftice, "upon the oath of one witnefs, fhall forfeit 51." low iuch run more than 4 1.wance. But a justice of the peace, or + Sect. 31. And it is further enacted, par. 18. "That if They may al"it shall appear to the trustees, or any feven of them, at any of ber of ho:fe as "their publick meetings, by the oath of one witnefs, experi- they think fit, "enced in levelling, that any part of the rife of any hill fhall up hills rifing "be more than 4 inches in a yard, they may allow fuch inches in a vad, "number of horfes as they fhall judge neceflary, not exceed to be specified in "ing 10, for waggons with 9 inch wheels, nor 6, for carts the order of al"with 9 inch wheels, and not exceeding 7, for waggons "with 6 inch wheels, nor 5, for carts with 6 inch wheels; "and not exceeding 5, for waggons with wheels of lefs "breadth than 6 inches, nor 4, for carts with wheels of lefs "breadth than 6 inches. And in cafe it fhall appear to the faid "truffees, in manner aforefaid, that the whole rife of any hill any court of "taken together fhall be more than 4 inches in a yard upon justice, mayo? all proceedi an average, the faid trustees, or any feven of them, may for thefe pena"allow fuch number of horses as they fhall think fit to be ufed ties, if it ap "in fuch waggons and carts refpectively, for the purpofe only that the ad by one "of drawing the fame up fuch hill or hills, as aforefaid, the tional hores "length and extent of fuch hill or hills to be specified in fuch were neceff my "order of allowance, and the termination at each end thereof by reafon of ce ínow, &c. as y "to be marked by a poft or ftone, to be erected at fuch refpec"tive boundaries; and the faid order of allowance fhall be "certified by the faid truttees, or their clerk, to the next ge"neral quarter feffions, of the limit within which fuch hill or "hills fhall refpectively be fituated and if the facts fhall be "proved upon the oath of one witness to the fatisfaction of "the bench, the faid order fhall be confirmed and filed, or "otherwise vacated and quafhed: and from and after fuch confirmation and filing, no perfon fhall be liable to any pe"nalty or forfeiture for ufing fuch number of horses as fhall be fo allowed in drawing any waggon or cart up fuch hill "or hills refpectively; and the faid juftices, at any fubfequent quarter feffions of the peace, may reconfider the faid order "of allowance, and to difcharge the fame, if they think "fit." ↑ Sect. 32. And it is further enacted, par. 20. "That no "carriage, having the bottom of the fellies of lefs breadth than 9 inches, fhall pafs upon any turnpike road drawn by horses "in pairs, other than, and except fuch carriages, having the "fellies of 6 inches, as fhall be authorised to be drawn in "any other manner by the order of trustees, within their di"ftrict, made at a publick meeting, confifting of fevent ustees VOL. I. Ff " or 13 Gro. 3.c.. f. 59. recites an.e, p. 411. vide ante, p. 412. ' "or more, which order the faid trustees may revoke at any fubfequent meeting, and afterwards make a new one fixed "in writing upon every toll gate within fuch diftrict, and except carriages drawn by two horfes only." + Sect. 33. And it is alfo enacted, par. 59. "That the "juftices of the peace for Wales, at their general quarter sef"fions, to be held in the week after Michaelmas, may license "an increase of the number of horses to be employed in draw"ing carriages on turnpike roads within their respective jurif"dictions, over and above the number herein before limited, "if the state of the roads make fuch an increase necessary, "which order they may revoke, alter or vary at any fubfcquent Michaelmas feffion." + Sect. 34. And it is further enacted, par. 21. " That in For the manner in which they "cafe any perfon fhall drive any carriage not being marked are to be marked according to the directions of this act, or drawn by more "than the number of hörfes, or beafts of draught, hereby "refpectively authorifed, any conftable, tythingman, furveyor, "or other perfon, may apprehend and take fuch perfon before "a juftice where the offence fhall be; and, on conviction by "confeffion, or the oath of one witnefs, fhall forfeit not ex"ceeding 5. nor less than 10 s." Waggons, &c. moving on rollers, of the breadth of 16 inches on each fide, with flat furfaces,,to pafs toll free for one year, and then + Sect. 35. And it is further enacted, par. 2. "That "the trustees appointed by any act of parliament for repairing "particular roads, or any five or more, within their refpective diftricts, at the first meeting after this act, do mitigate, leffen, and reduce the high and extraordinary tolls impofed by fuch certain particular acts, to an equality with "the tolls and duties impofed by this act refpectively." Sect. 36. Fourthly. As to exemptions from tolls: "It is "enacted, by 13 Geo. 3. c. 84. f. 26. and by 14 Geo. 3. c. 82. f. 5. That all carriages, moving upon rollers, of the "breadth of 16 inches on each fide, with flat furta"ces, fha pafs upon any turnpike road, through any tollgate or bar, toll-free, upon paying only fo much of the tolls and duties as fhall not exceed one-half of the full tell after paying one of duty payable by this or any turnpike act, for all waggons, wains, or carts, having the fellies of the wheels of "the breadth or gauge of 6 inches from fide to fide, or for "the horfes or beafts of draught drawing the fame, and "not rolling a furface of 16 inches on each fide; and "that no more than half toll shall be paid in refpect of waggons having the fellies of the wheels thereof of the breadth of 9 inches, and rolling a furface of 16 inches on each fide.” half of the toll. + Sea. 435 does not extend + Sect. 37. Provided alfo, by 13 Geo. 3. c. 84. par. 27. Carriages to "That nothing therein contained thall extend to any chaife- which the at marine, coach, landau, berlin, chariot, chaife, chair, calafh, ❝or hearfe, or to the carriage of such ammunition or artillery "as fhall be for his majefty's fervice, or to any cart or carri66 age drawn by one horfe, or two oxen, and no more; or to "any carriage, having the fole or bottom of the fellies of the "wheels thereof of the breadth of 9 inches, which shall be la❝den with one block of stone, one piece of marble, one cable rope, one piece of metal, or one piece of timber." + Sect. 38. Provided alfo, by par. 28. "That if any per"fon fhall take the benefit of any exemptions, under any act "for the repair of any turnpike road, in any fraudulent or "collufive manner whatfoever, he fhall forfeit not exceeding "51. nor less than 40 s. for every fuch offence." Vide Burrows 2260. Penalty on perfons fraudulently taking the benefit of any exemption, is not to exceed 5. + Sec. 39. And it is enacted by 18 Geo. 3. c. 63. "That Baggage waggons no toll fhall be taken for any horses belonging to officers exempted. ❝or foldiers upon their march, or upon duty, or for any hor❝fes, cattle, or carriages employed in carrying their arms or "baggage, or any fick, wounded, or difabled officers or fol"diers; and no carriages fo employed shall be weighed, or "the owner or driver liable to any forfeiture for carrying greater weight than allowed by law." mer acts to be with fix inch + Sect. 40. And it is further enacted by faid ftatute 13 No exemption Geo. 3. c. 84. f. 24. "That no perfon fhall take exemption from toll by for"from toll, in refpect of any carriage, or horfe drawing claimed by any "the fame, and carrying any particular kind of goods, un- perfon, unless « less fuch carriages have the fole of the bottom of the fel- where carriages "lies of the breadth of 6 inches, or upwards, (other than fellies are ufed. " and except carts and carriages employed in carrying corn, "or grain in the ftraw, hay, ftraw, fodder, dung, lime for Carts, &c. em"the improvement of land, or other manure, or any imple- bandry excepted. ployed in huf"ments of husbandry only); but that the ufual toll, toge«ther with the additional tolls hereby required to be taken "for carriages having the bottom of the fellies of lefs breadth "than 6 inches, as aforefaid, and for and in respect of horfes or beafts of draught, drawing the fame, (except as « before excepted), shall be paid as if no exemption, or less « toll, had been allowed, and as fully as all other carriages, " and horfes drawing the fame." exemptions, un, + Sect. 41. Provided, par. 25. "That no perfon be al- No benefit to "lowed to take the benefit of "have the privilege herein-before given of compounding in lefs the relis any fuch exemptions, or to be taken of "refpect of any carriage having the fellies of the wheels lic flat, "thereof of the breadth of 6 inches, or upwards, unless the "fellies and the tire of fuch fellies fhall lie flat.-And by 16 Ff2 Geo. The mail coaches exemp ted from toll. All ftatute-duty where it arifes. "Geo. 3. c. 39. f. 2. the fellies or tire whereof shall not "deviate more than one inch from a flat furface fhall be "taken to be flat, according to the intent and meaning of "this act." + Sect. 42. And it is further enacted by 13 Geo. 3. c. 84. f. 60. "That no tell fhall be collected for carriages folely "employed in carrying materials for the repair of any turn"pike road or public highway, or for going to or returning from fuch employment.' + Sect. 43. And it is further enacted by 25 Geo. 3. c. 57. "That all carriages of what defcription foever, or hories "which fhall be employed in conveying from one part of this "kingdom to another, the mail or packet which shall be "made up under the authority and direction of the post-mas"ter general, or his deputies, fhall be exempted, freed, and "difcharged from the payment of any tolls whatfoever, that 66 fhall or may be demanded for the paffage of carriages or "horfes through any turnpike, toll-gate, or bar, at which any toll is collected by any act or acts of parliament now "in force; and all turnpike keepers or toll collectors are hereby directed and required to permit fuch carriages and "horfes to pafs through all and every turnpike, toll-gate, or "bar, without demanding any toll or duty for fo doing.” 66 + Sect. 44. Fifthly. As to ftatute duty, it is enacted to be performed by 13 Geo. 3. c. 84. f. 32. "That furveyors fhall caufe the inte para ftatute-duty required by the refpective turnpike acts, and "the compofitions arifing from the fame, to be performed, "laid out, and expended, upon the turnpike road lying within "the parith, township, or place, from which fuch duty fhall "be required, and not elsewhere, and thall forfeit 40 s. for "every mifapplication thereof; and that where there are two or more turnpike roads under feveral acts of parliament within the fame parifh, township, or place, and the "ftatute-duty fhall exceed three days duty in the whole; two juftices fhall at fome fpecial feflions, adjuft the ftatuteduty betwixt fuch turnpike roads and the other highways in days, the justices" fuch parifh, township, or place, the faid juftices previously "fummoning the clerks and furveyors of fuch turnpike roads, "and likewife the furveyors of the highways, who are hereby respectively required to attend fuch fummons." If more turnpike roads than are in the fame parish, and the ftatute-duty required to them exceeds three may adjust the proportions. 66 66 66 ↑ Sect. 45. Sixthly. As to materials for repairs, it is enacted by par. 61. "That no furveyor fhall gather any stones for "the ufe of the highways, upon or from the common fields or "inclofed lands or grounds of any perfon, without the con fent of the occupiers of fuch lands or grounds, or a licence "from a juftice of the limit where fuch lands or grounds lie " for |