m 
H!G! 
exceed thirty feet in breadth, and fo as not to pull down 
any building, or encroach on any garden, court, or 
yard.—The furveyor thall make fatisfaClion to the 
owners for the ground’ which >fliall- be neceffary for fuel) 
purpofes.—If the owners refufe to treat, or cannot he 
found, or will not accept the fatisfaClion offered by the 
furveyor, the, feffions upon certificate fhall impannel a 
jury, who thall affefs the. value, not exceeding forty 
years purchafe; and upon tender thereof, or leaving 
the fame with the clerk of the peace, the ground thall 
be for ever diverted and become a public highway.™ 
But all fubterranean property, of value,; Which can be 
acquired without injuring the furface of the highway, 
is to be faved to the owners of the land.—And all tim¬ 
ber and wood thereon thall be felled within a month, 
and laid upon the adjoining land for the benefit, of the 
owner ; and the fefii'ons may order a rate, not exceeding 
6d. in the pound yearly, topayforfuch purchafe. The 
old highway to be fold, in which a preference is to be 
given to the occupiers of the adjoining lands; and if it 
lead to any land, houfe, or plate, the tale thall be fub- 
jeCt to fuch right of paffuge.—And, upon tender or pay¬ 
ment of the money, the land thall vert in the purchafer, 
faving the right of all fubterranean property to thofe 
who would otherwife have been entitled. Two juftices 
may divert any highway, not in the fituation before 
deferibed, if the owners of the land, through which the 
new road is to pafs, will confent; and niay purchafe, 
flop up, and fell, as in roads to be widened or diverted. 
—Perfons aggrieved by any fuch proceedings, or by any 
writ of ad quod damnum for this purpofe, may appeal to 
the next leflions. New highways, which have been 
acquiefced in for twelve months, fhall become incon¬ 
trovertible. See W. Jon. 296. Ld.Raym. 725. 3 Comm. 36. 
It often happening that a highway lies in two parirties, 
and even frequently that .the boundaries of parirties pats 
through the middle of highways, the flat. 34 Geo. III. 
c. 64, provides, that on complaint or application by a 
furveyor, two juftices may determine what parts of 
highways lying in two parirties fhall be repaired by each ; 
for which purpofe they may order boundary-ftones to 
be ereded, and annex a plan of the highway and the 
divifion of it to their order, which plan is to be filed by 
the clerk of the peace; the cofts of fuch order to be 
paid by both parifheg. 
The Turnpike Roads are placed under the ma¬ 
nagement and direction of certain truflees, who are ap¬ 
pointed by the refpeClive ads of parliament occafionally 
parted for the making and 'repairing particular roads. 
But, the powers of the fie ads being confined to feparate 
and dirtind objeds, it was thought expedient to pafs 
fome general laws which fliould apply in common to 
all truflees and turnpike roads in general throughout 
the kingdom. The laft general turnpike-ad, and that 
now in force,is the flat. 13 Geo. III. c. 84. and this ad, 
by 21 Geo. III. c. 20, is extended to all ads of parli¬ 
ament made fince it, or to be made hereafter, for the 
purpofe of regulating particular turnpikes. 
A truftee muft poflefs realty of 40I. a-year, or 800I. 
perfonalty, or be heir apparent to realty of.8ol. a-year ; 
and take an oath of fuch qualification before two 
juftices, on penalty of 50I; and in an adion it is incum¬ 
bent on the truftee to prove his qualification. No pub¬ 
lican fhall be a truftee, or ad under them as colledor 
of tolls,. &c. but he may farm the tolls, if he employs a 
perfon to colled them. Where the firft or any other 
day of meeting has elapfed, any five truflees may ap¬ 
point a meeting of the whole body, on giving twenty 
days notice. No meeting fhall be adjourned longer than 
three months ; and all bufinefs is to be done between 
ten A.M. and two P.M. If truflees exceed their power 
in erecting gates, the juftices may order them to be 
removed. 
Seven truflees may farm out the tolls by audion upon 
one month’s notice, deicribing the particular tolls to be 
Vot.IX. No.*33, 
I W A Y. 
let, and fpecifying their produce the preceding year. 
Farmers of the tolls fhall not take more than the regular 
rates on penalty of 5I. on them, or 40s. on the gate¬ 
keepers. Seven truflees, on a month’s notice, may 
reduce or advance the tolls, as they fee convenient; but 
if the toll be mortgaged, they muft have the confent of 
four fifths of the creditors. Fi,ve truflees may direct 
profecutlon for nuifances at the expences of the trull; 
provided they can prove the fad by one withefs.- Two 
truflees may fupply the vacancy of toll-keeper, till a 
general meeting. They fhall hang up at the toll-gates 
tables of the rates of toll, and of the different weights 
and number of horfes allowed to carriages. They rtiall 
ered mile-ftbnes, diredion-pofls, flood-pofts, &c. 
Five truflees may order weighing-engines to be ereded 
at fuch gates, within their jurif'diction, as they fee 
proper. No fide gate to be ereded, unlefs on order of 
nine truflees (being a majority prefent) on twenty-one 
days notice; and no toll to be paid for parting only 
one hundred yards through the fame, unlefs over fome 
expenfive bridge. The different burthens which car¬ 
riages are allowed are fettledat large; and the additional 
toll to be paid for extra weight is determined, by flat. 
14 Geo. III. c. 82. And carriages employed in huf- 
bandry, or in carrying manure, are exempted from being 
weighed. Any truftee, officer, or creditor, may caule 
carriages not parted more than three hundred yards 
through any gate, to return and be weighed, on tendering 
the driver is. which fhall be refunded if the weight is 
found exceffive. If the toll-keeper neglects to weigh 
fufpeCted carriages, or to receive the additional toll, he 
rtiall forfeit 5I. The truflees fhall make places within 
three hundred yards of every gate, for carriages to turn. 
—A lift of the truflees and officers fhall be hung in the 
houfe of every gate where there is a weighing-engine. 
—A driver refufing to return fhall forfeit 40s. and any 
peace-officer may drive the carriage back to be weighed. 
The quaiter feffions, upon complaint,. may order 
weighing-engines to be ereded ; and, where two roads 
meet, the truflees may erect one weighing-engine for 
both. No compofition to be made for tolls, unlefs the 
carriages have tellies• fix inches broad. The penalty 
for endeavouring to evade the tolls by unloading goods, 
&c. before the carriage arrives at the weighing-engine, 
is 5I. and the driver-may be committed to the houfe of 
correction for a month.—Penalty on endeavouring to 
avoid the weighing-engine ; on the owner of a carriage 
from 20s. to 5I. the driver from 10s. to 50s. 
The flat. 13 Geo. III. c. 84, explains at large the 
number of horfes allowed to carriages according to the 
breadth of their fellies; and the penalties on tranf- 
greffion is 5I. on owners, and 20s. on drivers." Two 
oxen equal to one liorfe. Carriages going on fixteen- 
inch rollers may be drawn with any number of horfes; 
and, by flat. 14 Geo. III. c. 82, fhall only pay half-tolls! 
On profecution for penalties, information muft be made 
of the offence within three days, and adion commenced 
within one month. Penalty for taking off horfes and 
altering the diftance of the wheels to avoid the toll, 3I. 
Penalty on perfons parting through gates without paying 
tolls, or a (faulting collectors, refeuing cattle, &c. from 
40s. to 10I. Truflees may allow a fufficient number of 
horfes to draw up hills, rifing more than four inches in . 
a yard. And one juflice may flop profecution tor pe¬ 
nalties in drawing with a greater number of horfes than 
allowed, if it appear necefl’ary from deep fnows, 8 c c. 
No carriages with lefs than nine-inch fellies fliall be 
drawn by horfes in pairs, except fuch as, having fix-inch 
fellies, fhall be permitted by feven truflees, and except 
carriages drawn by two horfes only. Juftices in Wales 
may licenfe an increafqd number of horfes. Any perfon 
may apprehend the driver of a carriage not marked, or 
drawn by too many horfes, &c. 
No chaife.marine, coach, landau, berlin, chaife, chair, 
calafl), or hearfe, nor any royal artillery or ammunition . 
jo K carriage 3 
