Duties Tolls etc Act 1832 No 10a (NSW)
No. XII.
An Act for repealing so much of an Act inti tuled
" An Act to continue until further provision shall " be made certain Duties Tolls Bates Fees and " other Sums of Honey imposed by the Governors " of New South Wales and for other purposes"
as relates to the levying Tolls in New South Wales and for raising a F u n d towards making repairing and upholding Public Roads Bridges and Ferr ies and for regulat ing the collection
of Tolls thereon. [9th March, 1832.]
| WH E R E A S | Legis la t ive Counci l was passed in t h e s ixth year of t he | reign |
an Act of t h e Governor wi th t h e advice of t h e
of K i n g George t h e F o u r t h in t i tu led " An Act to continue until further " provision shall be made certain Duties Tolls Hates Fees and other " Sums of Money imposed by the Governors of New South Wales and "for other purposes" and whereas i t is expedient t h a t so m u c h of t h e
| said Ac t as re la tes to t h e levying | tolls a t | t u rnp ike -ga tes | br idges | a n d |
| ferries in N e w South W a l e s should be repealed and t h a t fur ther | pro |
| vision should be m a d e for ra is ing | a | fund | towards | m a k i n g | repai r ing |
a n d upho ld ing publ ic roads br idges and ferries and for r e g u l a t i n g t h e collection of tolls the reon Be it therefore enacted by H i s Excel lency the Governor of N e w South W a l e s w i th t h e advice of t h e Legis la t ive
| Counci l of t he same Tha t from and after t h e thir ty-f i rs t day of | M a r c h |
n e x t so m u c h of t h e said reci ted A c t as relates to t h e levying of such tolls as aforesaid shal l be and t h e same is hereby repealed and t h a t all t h e several r a tes of tol l as aforesaid now levied a t t h e several t u r n p i k e - gates br idges and ferries in t h e said Colony unde r and by v i r tue of t h e said A c t shal l from and after t h e said thir ty-f irs t day of M a r c h nex t cease to be t a k e n levied or demanded accordingly.
2. A n d be i t fur ther enacted Tha t i t shall and m a y be lawful
| for t h e Governor of t h e said Colony for t h e t ime-being by any | P r o |
| c lamat ion | or | P roc lamat ions unde r | his h a n d | from | t ime to t i m e | to |
| be demanded paid and t a k e n at t h e several tu rnp ike-ga tes so to be erected or cont inued as aforesaid t h a t is t o say for every sheep l a m b p ig or goat t h e s u m of one fa r th ing for every ox or head of nea t ca t t l e t h e sum of one penny for every horse m a r e gelding ass or m u l e t h e s u m of two-pence for every car t d ray or o ther such vehicle wi th two wheels drawn by one horse or other an imal t he s u m of three pence a n d if d rawn by two horses or o ther an imals t he sum of four- | pence |
appoin t places a t wh ich tol ls shal l be collected and to cause t h e same to be collected upon any l ine of road which has been or shall be whol ly or par t ly made a n d which is repaired a t t he publ ic expense and to cause tol l t o be collected a t any bridge bu i l t purchased or repaired a t t he publ ic expense a n d a t any ferry const ructed or uphe ld at t he same and to cause such tol l -houses and ferry-houses gates bars chains rai ls a n d fences t o be bu i l t and set u p as shal l be deemed necessary for p reven t ing passengers beasts and carr iages from pass ing unless the re shall be the re paid such to l l as shal l be due or demand-
| able under | t h e | au tho r i t y | of th i s | Ac t . |
3. A n d be it fur ther enacted Tha t from and after t h e said
| thirty-first day of M a r c h nex t t he following tol ls and n o h igher | shal l |
pence and if d r a w n by th ree horses or o ther an imals t he sum of five- pence and if d rawn by four horses or o ther an imals t h e sum of six pence and for every horse or other an ima l above four d rawing a ca r t d ray or other such vehicle w i th two wheels t h e s u m of one penny for every wa in waggon or o ther such carr iage wi th four wheels d r a w n by two horses or o ther an imals t he s u m of e ight-pence and if
d r a w n by t h r e e horses or o ther an imals t h e s u m of n ine-pence and if d r a w n by four horses or o ther an imals t h e s u m of ten-pence and for every horse or o ther an ima l above four d rawing a waggon or other such carr iage wi th four wheels t h e s u m of two-pence for every gig chaise or o ther such carr iage wi th two wheels a n d d r a w n by one horse or o ther a n i m a l t he s u m of s ixpence and if d r a w n by two horses or
o the r an imals t h e s u m of n ine-pence for every coach chariot or other
such carr iage wi th four wheels and d r a w n by one horse or o ther a n i m a l t h e s u m of n ine-pence a n d if d rawn by two horses or o ther an imals t he s u m of one shi l l ing and if d rawn by th ree horses or other an imals t h e s u m of one shi l l ing and three-pence and if d rawn by four or more horses or o ther an imals t he sum of one shi l l ing and sixpence.
4. A n d be it fu r ther enacted Tha t for every coach char iot chaise waggon or other carr iage wi th four wheels usua l ly d rawn by two or more horses affixed t ied or secured to waggons car t s or o ther carr iages the re shal l be pa id t he same ra t e of to l l as would be paid for such coach char iot chaise waggon or o ther carr iage if d rawn by two horses or o ther an imals and for every dray car t or o ther carriage wi th t w o wheels t he same ra te of toll as if d rawn by one horse Provided a lways T h a t if any coach char io t car t or o ther carr iage so t ied or affixed to a n y waggon dray or car t shall have any goods conveyed the re in o ther t h a n t h e harness the re to be longing a n d such art icles of package as m a y be necessary for the protec t ion of such carr iages or any passenger t h e same shal l be liable to double t h e tol l hereby imposed.
5. A n d be it fu r ther enacted T h a t t h e a m o u n t of all tolls due
a n d demandable at any tu rnp ike -ga t e or ferry u n d e r and by v i r t ue of t h i s A c t shal l be doubled on each and every Sunday and i t shall and m a y be lawful for t he lessee contrac tor or collector a t each of t he said tol l -gates tu rnp ike-ga tes or ferries to demand levy a n d receive double t h e a m o u n t of toll here in specified for each a n d every an imal a n d car t dray wain waggon and o ther car r iage above-ment ioned which shal l pass t h r o u g h such to l l -gate or t u r n p i k e - g a t e or over such ferry on each and every Sunday .
6. A n d be it fu r ther enac ted T h a t in all cases where in toll has been paid at any one tu rnp ike -ga t e u n d e r t h e provisions of th i s A c t n o tol l shall be demanded or payable on t h e same account and on t h e same day at any o ther t u rnp ike -ga t e w i th in t h e dis tance of t en mi les
from t h e former and t h a t all such tu rnp ike -ga te s m a y be repassed a n y
n u m b e r of t imes on t h e same day w i t h o u t paymen t of any fresh tol l .
7. A n d be it fu r ther enacted T h a t from and after t h e t h i r t y -
first day of M a r c h n e x t t h e following tol ls or ferry dues and no h ighe r shal l be demanded pa id a n d t aken a t t he several ferries es tabl ished w i th in th i s Colony u n d e r t he au tho r i t y of th i s A c t t h a t is to say for every foot passenger t h e s u m of two-pence for every horse m a r e geld ing ass or m u l e d rawing or no t d rawing the sum of sixpence for every gig dray or car t wi th two wheels only t h e sum of one shi l l ing for every waggon car r iage or o the r vehicle wi th four wheels t h e s u m of one shi l l ing a n d s ixpence for every ox or head of nea t ca t t le draw ing or not d rawing be ing more t h a n t en in n u m b e r t h e s u m of three pence for every ox or head of nea t catt le d rawing or n o t d rawing no t exceeding ten in n u m b e r t h e s u m of four-pence for every sheep l amb
p ig or goat t h e s u m of one ha l l -penny.
8. A n d be it fur ther enacted T h a t no tol l or ferry-dues shall be demandab le or t aken by v i r tue of th i s Ac t for or in respect of any horses or carr iages of or be longing to t h e Governor of t he said Colony for t h e t ime-being or to any person in ac tua l a t t endance u p o n h i m or for or in respect of t h e horses beasts car ts carr iages a n d o ther vehicles of and belonging to t h e Governmen t and employed a t t h e t i m e of pass ing t he gate or ferry in t h e Government service or for or in respect of any horse beast carr iage or other vehicle conveying any c le rgyman in t he discharge of his du ty or any other person or persons going to or r e t u r n i n g from t h e proper church chapel or o ther place of worship of t h e person or persons r id ing or dr iv ing t he same on Sundays Chr i s tmas-day or Good F r i d a y or for or in respect of any horse beas t carr iage or other vehicle a t t end ing funerals or for or in respect of any horse beast carriage or other vehicle ca r ry ing t h e post- office mai ls or for any car ts drays or waggons ca r ry ing m a n u r e or for any horse beast carr iage or o ther vehicle which shal l only cross any such tu rnp ike- road or shal l n o t pass the reon above t h e dis tance of
| two h u n d r e d | yards or for any horses or o ther beasts going or r e t u r n i n g |
| daily from t h e u sua l place | of pas tu re or wate r ing . |
9. A n d be i t enacted T h a t all H i s Majesty 's officers and soldiers
be ing in proper staff or reg imenta l or mi l i t a ry uni form dress or undre;ss a n d the i r horses and all carr iages and horses belonging to H i s Majesty or employed in his service w h e n conveying persons baggage a rms or a m m u n i t i o n or r e t u r n i n g theref rom shal l be exempted on pass ing any tu rnp ike - road br idge or ferry from t h e paymen t of any tolls otherwise demandable by v i r tue of th is Ac t .
10. A n d be i t fur ther enacted Tha t i t shall and m a y be lawful
t o and for t h e Governor of t he said Colony for t h e t ime-being from t ime to t ime to author ize and direct t h e tol ls and dues demandable a t any tu rnp ike -ga te or ferry unde r t he au tho r i t y of th i s A c t to be demised and let t o farm by publ ic auct ion for any t e r m no t exceeding twelve calendar m o n t h s and for t h a t purpose to advert ise and give sue;h publ ic not ice in t h e newspapers or otherwise as he shal l direct of t h e t ime of l e t t ing t h e same and t h e condit ions thereof and t h e h ighes t bidder a t t h e t ime of l e t t ing t h e same (if such b idd ing be accepted a n d such bidder enter into and give t he bond wi th suret ies hereinafter in t h a t behalf ment ioned) shall be declared to be t h e lessee of t h e said tol ls a n d dues respectively for t he t e r m specified in such not ice and condi t ions of t h e auct ion and if t he h ighes t bidder a t such auc t ion shall neglect or refuse for thwi th to en te r in to such bond with sureties
in m a n n e r hereinaf ter ment ioned the; said tolls and dues shal l be aga in
immedia te ly p u t u p to auct ion and shall in l ike m a n n e r be p u t u p
again in case of any default un t i l a bidder shal l be found who will
| en te r | in to t h e bond w i t h t h e sureties | required . |
1 1 . Ariel be i t fur ther enacted T h a t any loss which m a y arise in t h e a m o u n t be tween t h e b idd ing made by any person who shal l m a k e default in en te r ing in to t he bond requi red as aforesaid and any suhsequent b idd ing t he same and all expenses t h a t m a y have been incurred by reason of any such default shall and m a y be recoverable from the person m a k i n g such default and for t h a t purpose i t shall a n d may be lawful for t h e Collector of I n t e r n a l R e v e n u e or such o ther person or persons as t h e Governor shall appoin t to let such tol ls and dues as aforesaid to s u m m o n such defaulter or defaulters before two or more Jus t ices of t h e Peace to examine in to hear a n d de te rmine t h e m a t t e r of such alleged default and to ascer ta in assess
| a n d fix t h e a m o u n t of loss that | m a y have | been | occasioned | thereby |
| a n d | al l | expenses | a t t end ing | t h e same and to levy t h e a m o u n t | thereof |
| if any b y w a r r a n t under the i r | hands | and seals u p o n | t h e goods and |
| cha t te l s of such | defaulter. |
12. A n d be i t fu r ther enacted T h a t in case no bidder shal l offer
or in case t h e said tol ls shal l not be let at such auc t ion i t shal l andm a y be lawful for t h e Governor of t h e said Colony for t h e t ime-being
to au thor ize t h e acceptance of a p r iva te tender or offer for t h e same unde r such t e r m s a n d condi t ions and in such m a n n e r as he m a y t h i n k proper to direct and u p o n t h e acceptance of any such pr iva te tender as aforesaid a n d u p o n t h e person or persons m a k i n g t h e same duly
en te r ing in to t he l ike b o n d wi th suret ies as hereinaf ter is directed it shal l and m a y be lawful for t h e Governor of t h e said Colony for t h e t ime-being to direct t h e said tol ls to be demised a n d let to farm to t h e person or persons whoso t ender in such case shal l have been accepted
in m a n n e r hereinaf ter ment ioned .
13 . A n d be i t fur ther enacted T h a t upon t h e en te r ing in to t h e
said bond w i t h suret ies as is hereinafter directed by any such person or persons be ing t h e h ighes t b idder or bidders a t any such auc t ion or
be ing t h e person or persons whose t e n d e r shal l or m a y have been accepted in m a n n e r hereinbefore men t ioned i t shal l and m a y be lawful for t h e Collector of I n t e r n a l R e v e n u e or o ther person or persons appoin ted by t h e Governor for t h e t ime-be ing to demise and lease to farm to such person or persons t h e tol ls bid or t endered for by h i m or t h e m respectively for t h e t e r m specified in t h e not ice or t ender (as t h e case m a y be) by deed in t h e form or to t h e effect he r eun to annexed .
1 1 . A n d be i t fu r ther enacted T h a t immedia te ly after such
tu rnp ike - to l l s and ferry-dues shal l have been knocked down to t h e h ighes t b idder a t any such auc t ion or immedia te ly after t h e acceptance of any such t ende r for t h e same as hereinbefore men t ioned t h e person or persons w ho shal l he declared t h e h ighest bidder or b idders a t such auc t ion or t h e person or persons whose t ender shal l have been so accepted shal l immedia te ly or so soon after as m a y be en te r in to a bond wi th two sufficient suret ies to be approved of by t h e Collector of I n t e r n a l R e v e n u e or o ther person or persons
appoin ted b y t h e Governor in a pena l s u m of double t h e a m o u n t of
t h e r e n t which such h ighes t b idder or t endere r shal l have offered or
bid for t h e same condit ioned for t h e p a y m e n t of t h e r e n t as t h e same shal l become due a n d payab le according to t h e t e r m s a n d condi t ions
of t h e sale or t ender for t h e same a n d for t h e observance a n d per formance of all l aws ordinances ru les a n d regula t ions which now are or shal l or m a y d u r i n g t h e t e r m of such lease or demise be in force respect ing t h e tol ls which shal l have been so bid or t endered for b y h i m or t h e m a n d for t h e l ike observance a n d performance of all
such laws ordinances ru les and regu la t ions by a n d for t h e proper
conduct and peaceable a n d quie t behaviour of any collector orcollectors ga te or ferry keeper or keepers to be appointed by such person or persons b idd ing or t ende r ing for the said tolls respectively d u r i n g the t e r m he she or t h e y shall have so b idden or tendered for t h e same which bond shall be in t h e form or to t h e effect he r eun to annexed.
15 . A n d be i t fur ther enacted Tha t in case t he b idding or t ender
for t h e said tolls as aforesaid by t h e person or persons b idd ing or t ende r ing for t h e same shal l be deemed insufficient or in case such b idd ing or t ender shal l n o t be accepted or completed as aforesaid or in case t h e Governor for t he t ime-being shal l deem it more advantageous to t h e Revenues of t h e Colony t h a t t h e said tol ls a n d ferry-dues a t any t u rnp ike -ga t e or ferry so to be cont inued or established unde r th i s A c t should be collected and received b y collec to rs or other persons to be appoin ted by the Government it shal l and m a y be lawful for t he Governor for t h e t ime-being to nomina t e and appoin t a collector or collectors keeper or keepers receiver or receivers or o ther officer necessary to collect a n d receive t h e tol ls and ferry-dues
at
at any t u rnp ike -ga t e or ferry aforesaid a n d al l and every such collector keeper receiver or o ther officer so appoin ted and the i r se rvants shal l have all t h e powers and remedies as to t h e collection of t h e said tol ls and ferry-dues and for t h e preservat ion of t h e said roads toll- gates houses br idges p u n t s a n d boats and o ther appur t enances the re to be longing and shall be unde r a n d subject t o such ro les and regula t ions and shall be subject and l iable to all a n d every t h e pena l t ies of th is Act which the lessee of t h e said tolls a n d ferry-dues respectively would be unde r and subject t o in case t he same h a d been let or demised and wh ich in each and every case m i g h t be applicable Prov ided however t h a t such collector keeper or receiver or o ther officer so appoin ted shal l before he or they shall en ter in to the receipt a n d collection of such tolls or ferry-dues enter in to a bond or bonds wi th or wi thou t suret ies for t h e due and faithful discharge of his or the i r dut ies and for t he p a y m e n t of t h e said tol ls and t h e performance of
| such o ther t e r m s | and condit ions as t h e Governor | for t h e | t ime-being |
may th ink necessary to require .
16. A n d be it fu r ther enacted Tha t in case all or any of t he tu rnp ike- to l l s or ferry-dues ar is ing by v i r tue of th i s A c t shal l be demised or let to any person or persons in any m a n n e r whatsoever and t h e lessee or lessees shall neglect or refuse to perform t h e condit ions on which t h e same shall be so let or in case t h e r en t or r en t s agreed to be pa id by such lessee or lessees shal l be in a r rea r for t h e space of fourteen days n e x t after t he days on which t h e same ough t to be paid or t h e t e r m or t e rms for which such lessee or lessees he ld t h e same
| shall in any other m a n n e r become void i t shal l and m a y be | lawful |
| for any J u s t i c e of | t h e Peace upon complaint m a d e upon oa th by |
| or on behalf of t h e Collector of I n t e r n a l Revenue or o ther | person |
appoin ted by t h e Governor as aforesaid by w a r r a n t unde r his h a n d and seal to order a Constable or o the r Peace Officer w i t h such assistance as shal l be necessary to enter u p o n a n d t a k e possession of any tol l -house or ferry-house a n d all bu i ld ings and appur t enances and every boat p u n t or o ther vessel there to be longing and to remove and p u t out such lessee or lessees a n d t h e collectors keepers servants or o the r person or persons who shall be found the re in toge the r w i t h his he r or the i r goods from t h e possession thereof and from t h e collection of t h e tol ls and dues in respect thereof a n d t h e lease con t rac t or ag reemen t for t he same shall thencefor th cease a n d be u t t e r l y void to all i n t en t s and purposes whatsoever save and except as to t he condi t ions and agreements for paymen t u p to t h a t t i m e of t h e r e n t or
| r en t s payab le for t h e same and t h e o ther condit ions or agreements |
conta ined the re in on t h e lessee's p a r t and behalf and which shal l or may have been b roken and t h e same tol ls and ferry-dues m a y be aga in let or demised to any o ther person or persons and m a y in t h e mean t ime be collected a n d received u n d e r an au tho r i t y from such Jus t i ce for t h e benefit of H i s Majes ty as if no former lease con t rac t or agree men t h a d been m a d e relat ive there to any law usage or r i g h t to t h e
| cont ra ry | n o t w i t h s t a n d i n g . |
17. A n d be i t fu r ther enacted T h a t in case t h e lessee or
lessees of any of t h e tu rnpike- to l l s or ferry-dues ar is ing by v i r tue of th i s Act for any t ime or t imes shal l on t h e expira t ion of t h e t e r m or t ime for which t h e same shall have been so let or demised to h i m or t h e m respectively neglect or refuse to deliver u p possession to any new lessee or lessees or t o any person or persons who shal l be du ly author ized and empowered by t h e Governor of t h e said Colony for t h e t ime-being to receive t h e same of all toll or tu rnp ike -ga tes houses boa ts p u n t s ferries and all chains rai ls posts fences bui ld ings a n d other appur tenances be longing there to i t shall a n d m a y be
| lawful for any Jus t i ce of t he | Peace u p o n complaint m a d e upon oath |
by
by or on behalf of t h e Collector of I n t e r n a l Revenue or o ther person appoin ted by t h e Governor as aforesaid by w a r r a n t u n d e r his h a n d a n d seal to order any Constable or Pol ice Officer wi th all such assist ance as shall be necessary to enter u p o n and t ake possession of t h e same a n d to remove and p u t out such lessee or lessees collectors keepers servants a n d o ther person or persons as shall be found there in toge ther wi th his her or the i r goods and chat te ls from the possession thereof and such lessee or lessees shall be liable to all and every t h e penal t ies in t h a t behalf ment ioned in t h e bond which he or they shall have entered in to previous to t he demise m a d e to h i m thereof as afore said and also to m a k e such compensa t ion to any new lessee or lessees for a n y loss which shal l or m a y be occasioned or which h e or t h e y shal l or m a y sus ta in by reason of his or the i r w i thho ld ing possession thereof to be ascer ta ined by any two or more Jus t i ces of t h e Peace and levied by distress in l ike m a n n e r as any damages occasioned by persons m a k i n g default in en te r ing in to t he bond required by th i s A c t as hereinbefore is ment ioned .
18. A n d be it fur ther enacted Tha t du r ing such t ime as the said tol ls a n d dues or any p a r t or pa r t s thereof shal l be so leased as aforesaid to any person or persons whomsoever i t shal l and m a y be lawful for t h e lessee or lessees thereof to n o m i n a t e and appoin t such o ther person or persons as he she or t hey m a y t h i n k necessary in wr i t i ng or wr i t ings unde r his her or the i r h a n d s to collect demand and t ake such tol ls a n d dues so demised leased and farmed and such person or persons so appoin ted as aforesaid shall and m a y use all means a n d methods for t he recovery thereof in case of non -paymen t or evasion as such lessee or lessees m i g h t or could do unde r a n d b y v i r tue of th is Ac t and also to appoin t such person or persons as he she or they m a y t h i n k necessary by wr i t i ng unde r his her or t he i r
h a n d or h a n d s as aforesaid as ga te or tol l -house keepers boa tmen or fer rymen or o ther servants Provided however t h a t such lessee or lessees shall be answerable for t he conduct of such o ther person or persons as h e she or they shall or m a y au thor ize or appoin t t o collect demand receive and t a k e such tol ls a n d dues or to be such ga te or tol l -house keepers boa tmen or fer rymen as aforesaid and shall be subject and l iable to t he l ike act ions and penal t ies for neglect or misconduct or for t he breach of any law ordinance ru l e or regula t ion respect ing t h e tol ls or dues commi t t ed by any collector or collectors of such tol ls or dues gate-keepers or toll or ferry-house keepers b o a t m e n or fer rymen aforesaid as if t h e same h a d been done commit ted or wilfully
neglected by such lessee or lessees. 19. A n d be it fur ther enacted Tha t the lessees farmers or col
lectors of all and every t h e tu rnp ike- to l l s and ferry-dues establ ished u n d e r and by v i r tue of t h i s A c t shall a n d they are hereby requ i red du r ing t h e whole t ime t h a t they shal l respectively cont inue to be t he lessees or collectors of any such tolls or ferry-dues to p u t u p or cause to be p u t u p and cont inued in some conspicuous place a t or nea r to every tu rnp ike -ga t e or a t and upon every tol l -house or ferry-house wi th in the i r respect ive dis tr icts a table pa in ted in d is t inc t legible black le t ters on a board wi th a whi te g round conta in ing at t he t op thereof t h e n a m e of t he gate or ferry a t which the same shal l be p u t u p a n d also a list of all t h e tolls or dues payable the rea t dis t i ngu i sh ing severally t h e a m o u n t of tolls and t h e different sor ts of cat t le beasts casriages or o ther vehicles for which they arc severally to be pa id where t he r e shall be any var ia t ion the re in a n d also a list
of t h e several tol l -gates (if any) which shall be whol ly or par t ia l ly cleared by t h e paymen t of tol l a t t h e gate or bar w h e r e such table shal l be fixed and the said lessees and collectors shall also provide t icke ts denot ing the paymen t of tol l and on every such t icket shall be
specified
specified t h e n a m e of t h e ga te a t which t h e same shall be issued in m a n n e r hereinaf ter ment ioned and also t h e names of t h e several gates (if any) freed by paymen t of toll therea t and t h a t t h e lessees or collectors of t he said several tolls or dues respectively shal l place or cause to be placed by themselves or some or one of the i r collectors keepers or servants on some conspicuous place near to such board t h e chr is t ian and s u r n a m e of t h e collector or keeper of t he tolls or dues who shall be on d u t y for t h e t ime-be ing and shal l con t inue t h e same dur ing t h e whole t ime such collector or keeper shal l be on d u t y and shall change the same on every change t h a t m a y fake place in such collector or keeper on du ty to t h e names of t h e collector or keeper t h a t m a y succeed as often as any such change m a y t ake place and if any lessee or collector of any such tolls or ferry-dues shal l neglect or refuse to p u t u p such table of tolls or ferry-dues as aforesaid or to provide such t ickets to be delivered grat is on paymen t of any such toll or to cause t h e n a m e or names of t h e collectors or keepers of such tolls for t h e t ime-being to be p u t up as aforesaid or if any collector or keeper of such tolls or b o a t m a n or fe r ryman shal l no t be in a t t endance a t all t imes by day and by night a t t he place at which he is s ta t ioned or ought to be or shall demand and t a k e a grea ter tol l from any person t h a n he shall be author ized to do or shal l demand a n d t ake a tol l from any person or persons who shal l be exem pt from p a y m e n t thereof a n d who shall claim such exempt ion or shal l u n d e r colour of his office as collector or keeper of tol ls b o a t m a n or f e r ryman wilfully ex tor t from any person or persons any s u m of money or t h i n g of any va lue whatsoever as and for or in lieu of p a y m e n t of toll or shall refuse to pe rmi t and suffer any person or persons to read or shall in any m a n n e r b inder or prevent any person or persons from reading t h e inscr ipt ion on such boards or t h e n a m e or names so fixed u p as aforesaid or shal l refuse to tel l h is chr i s t ian and su rnames to any person or persons who shall demand to know t h e same on being paid t h e said tolls or any of t h e m or shall in answer to such demand give a false n a m e or names or shall refuse or omit t o give gra t is to t h e person or persons pay ing tol l or on his or the i r demand ing the same one or m o r e t icke t or t ickets as t h e
| case m a y requ i re to be furnished | to h i m in m a n n e r | hereinbefore |
men t ioned denot ing the p a y m e n t of t h e said to l l or tol ls so pa id or upon t h e legal toll be ing t endered or paid shal l unnecessar i ly deta in or wilfully obs t ruc t h inder or delay any passenger or passengers from pass ing t h r o u g h any t u r n p i k e or to l l -ga te or ba r or over any ferry or
| if any such collector keeper boat or ferry m a n shal l m a k e use of any |
scurr i lous or abusive l anguage to any t ravel ler or passenger t h e n and in each a n d every such case t h e said lessee or lessees collector or collectors of t h e said tolls and ferry-dues respectively shall forfeit and pay for every such offence any sum no t exceeding five pounds to be recovered and applied as hereinafter ment ioned .
20. A n d be it fur ther enacted T h a t if any person l iable to the
paymen t of any toll unde r th is Ac t shal l after demand neglec t or refuse to pay t h e same or any p a r t thereof i t shall be lawful for any person authorized to collect t h e same to p reven t such person or persons from passing t h r o u g h or over such tu rnp ike -ga t e or over such ferry a n d to shu t close a n d fasten t h e gates fences a n d chains of such tu rnp ike -ga te or ferry-boat and to keep and cont inue t he same so shut closed and fastened against such person or persons u n t i l the tolls and dues demandable and payable by such person or persons so refusing to pay the same shall he paid and discharged.
2 1 . A n d be i t fur ther enacted Tha t if any person shall with
any horse beast or carriage; go off or pass from any turnpike-road t h r o u g h or over any land or g round near or adjoining there to not
2 o being being a publ ic h ighway wi th i n t en t to evade p a y m e n t of any tol l establ ished by v i r tue of th i s A c t or if any person shal l give or receive from any person o ther t h a n a collector of tolls or shal l forge counter feit or a l te r any no te or t icke t w i t h in t en t to evade t h e payment of tol ls or any p a r t thereof or if any person shal l f raudulent ly or forcibly pass t h r o u g h any such to l l -gate w i th any beas t or carr iage
or shal l leave u p o n t h e said road any beast or carr iage whatsoever by reason whereof t he p a y m e n t of any tol l shal l be avoided or lessened or shal l t a k e off or cause to be t a k e n off any beast from any car r iage ei ther before or after hav ing passed t h r o u g h any to l l -gate or h a v i n g passed t h r o u g h any to l l -gate shal l af terwards add or p u t any beas t to any such carr iage a n d draw the rewi th upon any p a r t of any tu rnp ike - road so as to increase t h e n u m b e r of beasts d rawing t h e said carr iage after t he same shal l have passed t h r o u g h t h e said to l l -gate whereby t h e paymen t of any to l l shall or m a y be lessened or if any person shal l do any o ther act whatsoever in order or w i th in t en t t o evade the p a y m e n t of any toll and whereby t h e same shal l be evaded every such person shal l for every such offence forfeit and pay any s u m no t exceeding five pounds .
22. A n d be i t fu r ther enac ted T h a t it shal l no t be lawful for
any person or persons whomsoever save a n d except t h e several lessees a n d collectors duly appoin ted u n d e r t h e au thor i ty of th i s A c t a n d the i r boa t or ferry m e n and servants to use h i re or employ on h i re or for any fee pay or reward any boat p u n t or o ther vessel for t h e ca r ry ing t r anspor t ing or conveying across or over any r iver or creek wi th in t h e Colony whereon any ferry shall or m a y be establ ished u n d e r th i s Ac t and wi th in one mi le of any such ferry any passengers beasts car ts or carr iages unde r t h e pena l ty for each a n d every offence as well upon each and every person so h i r ing as u p o n each and every person so u s ing or employing any such boa t p u n t or o ther vessel and for each and every person beast car t or car r iage so t rans por ted carr ied or conveyed across any such r iver or creek w i t h i n such dis tance as aforesaid of any s u m no t exceeding twen ty shi l l ings save and except t h e same shal l be done at t h e t ime of any flood or fire or in t h e p u r s u i t of felons or o ther u r g e n t or unavoidable necessity Provided always t h a t n o t h i n g in th i s A c t shal l be held to p reven t any person horse car t or carr iage from pass ing across any ford of any r iver a t or near to which any such boat or p u n t shall be established.
23 . A n d be i t fur ther enacted T h a t if any person or persons
whomsoever shal l wilfully or maliciously pu l l or cu t down p luck u p t h r o w down b reak level or otherwise damage demolish or destroy any
to l l or t u r n p i k e - g a t e or any cha in post ra i l b a r wal l or o ther fence or fences of or be longing to any to l l -gate or t u rnp ike -ga t e or any o ther chain post ba r or fence of any k ind whatsoever used the rewi th or set u p or erected or hereafter t o be set u p or erected to prevent passengers or t ravel lers or the i r beasts or carr iages from pass ing wi thou t p a y i n g any to l l author ized by v i r t ue of or in obedience to th is Ac t or t o be hereafter au thor ized or imposed by or unde r any o ther Ac t or any house or houses erected or t o be erected for t h e use of any such tol l - ga te or t u rnp ike -ga t e or any ferry-houses or boat-houses or shal l wilfully or maliciously s ink scut t le r u n or dr ive ag round or o therwise damage demolish or destroy any p u n t boat or o ther vessel used or employed in any ferry or ferries or b reak sever cut or des t roy any moor ing-chain rope or o ther fastening or any ra i l post wal l d a m or fence of or be longing to any such boat p u n t or o ther vessel used and employed in any such ferry or ferries or shall forcibly rescue any person or persons be ing lawfully in cus tody of any officer or o ther person for any of t h e offences hereinbefore ment ioned t h e n a n d in each and every such case every person so offending shal l be gu i l ty of a misdemeanor and be ing convicted thereof shall be pun i shed accordingly.
24. A n d be i t fur ther enacted Tha t if any person or persons whosoever shall wilfully pu l l down break injure or damage any t ab le of tol ls or ferry-dues p u t u p at any toll or ferry-house or tu rnp ike - ga te as aforesaid or shal l wilfully or designedly deface or obl i tera te any of t h e inscr ipt ions le t ters figures or m a r k s thereon or if any person or persons shal l wilfully pu l l u p t h r o w down cut break injure damage or destroy any post rai l or fence placed or to be placed or p u t u p e i ther by t h e side or sides of any road or a t or near to any pi t or q u a r r y which shall be used opened or m a d e for t he ge t t ing of s tone gravel or other mater ia l s for t h e m a k i n g or repa i r ing of roads or br idges or if any person or persons shal l wilfully cause any damage or in jury t o be done to any br idge or to any a rch wal l a b u t m e n t prop or fence be longing the re to which already have been or which shall or m a y hereafter be erected and bui l t upon any publ ic h ighway or by t h e side or sides thereof or if a n y person or persons shal l wilfully damage or injure or cut break or otherwise destroy any post or s tone set \up or erected by the side or sides of any publ ic h ighway to exhibi t or shew t h e n u m b e r of miles or distance from or to any place or places wha t soever or if any person or persons shall cast or t h row any ea r th or rubbish or other m a t t e r or t h i n g in to any drain d i tch culver t t rench or o ther watercourse unde r or by t he side or sides of any publ ic h ighway so as to obs t ruct the clear r u n n i n g off and dra in ing of any water or mois ture from any such publ ic h ighway or if any person or persons shall w i thou t be ing the reun to author ized by one of t h e Governmen t Surveyors o ro the rp roper au tho r i t y shovel r a k e ga ther or heap u p or t ake or carry away any stones gravel sand or o ther ma te r i a l s lu tch dir t mi re drift or soil from off any publ ic h ighway or any pa r t thereof or t h e side or sides thereof or any footpath or causeway belonging there to or if any person shall p u t u p any erection bu i ld ing or fence on or a t t he sides of any h igh way or tu rnp ike - road in such m a n n e r as to reduce t he b read th thereof or shall m a k e or cause to be made any dwell ing-house or o ther bu i ld ing or any hedge or fence on the side or sides of any h ighway or t u rnp ike - road wi th in t h e dis tance of forty-five feet if w i th in t he dis tance of t h r e e miles of any town or if beyond t h a t distance wi th in forty feet from t h e middle or cent re thereof or shall m a k e or cause to be m a d e any ditch gu t t e r d ra in or watercourse u p o n or across or shal l otherwise break u p or injure t he surface of any h ighway or t u rnp ike - road or any pa r t thereof or if any person or persons shall m a k e any fire or fires called bonfires or shall wan ton ly let off or t h row any l ighted squib rocket or other fire-work wi th in one h u n d r e d
| yards of any publ ic road or shall race any horse ass m u l e or o ther | beast or bai t any bu l l or o ther beast or p lay a t any game or exercise | |
| t h a t m a y cause any r iot mob or t u m u l t u o u s mee t ing upon such road or t h e side thereof or shall by f ighting or otherwise collect or cause to be collected toge ther any such mob to t he annoyance of any t ravel ler or passenger u p o n such road or if any person or persons shall in any m a n n e r wilfully p reven t any o ther person or persons from passing h i m her or t h e m or any carr iage unde r his her or the i r care upon any such road or if any such person or persons shall m a k e dig or use any pi t or p i ts for t h e sawing of t imber or wood or for any o ther purpose wi th in forty-five feet from t h e cent re of any such publ ic h ighway unless t h e same shall be enclosed by a safe a n d secure fence from such road every person so offending in every ease aforesaid shal l forfeit and pay for every such offence a s u m n o t exceeding forty shi l l ings over and above t h e damages occasioned the reby to be recovered as hereinafter ment ioned one moiety of which pena l ty or penal t ies w h e n recovered shall go to and be paid to t h e informer and t h e o ther moiety thereof shall be to t h e use of H i s Majesty to be | ||
|
25. A n d be i t fu r ther enacted T h a t if any person wha tever shal l be ma imed or o therwise injured by reason of t h e wan ton a n d furious dr iv ing or rac ing or by t h e wilful misconduct of a n y coachman or o ther person hav ing the charge of any stage-coach or publ ic carr iage such w a n t o n a n d furious dr iv ing or rac ing or wilful misconduct of such coachman or o ther person shal l be and t h e same is hereby declared to be a misdemeanor and pun ishab le as such by fine and impr i sonment .
2G. A n d for t h e be t t e r discovery of offenders be i t fur ther
enacted Tha t t h e owner or pr inc ipa l propr ie tor of every coach post- chaise or o ther carr iage let t o h i re a n d also of every waggon wain or car t shal l pa in t or cause to be pa in ted u p o n t h e panne ls of t he doors of all such coaches post-chaises or o ther carr iages and upon some conspicuous p a r t on t he r i gh t or off side of every such waggon wain or car t or upon t h e off shaft thereof before t h e same shal l be used u p o n any tu rnp ike - road on or after t h e first day of M a y n e x t h is or her chr i s t ian and s u r n a m e a n d the place of his or he r abode or of t he house or farm where t h e same is genera l ly used and kep t in legible le t te rs not less t h a n one inch in he igh t and cont inue t h e same the r eupon so long as such coach post-chaise or o ther c a r n a g e waggon or car t shal l be used upon any such tu rnp ike - road and the owner of every common s tage-waggon or car t employed in t rave l l ing stages from town to town shall over and above his or her chr is t ian a n d s u r n a m e pa in t or cause to be pa in ted on t h e pa r t and in t h e m a n n e r aforesaid t h e following w o r d s — " Common s tage-waggon " (or " car t " as t h e case may be) and every owner or propr ie tor of any such coach post-chaise or o ther carr iage waggon car t or wain as aforesaid us ing or a l lowing t h e same to be used upon any tu rnp ike - road wi thou t t h e names and descript ions pa in ted the reon respectively as aforesaid or WHO shall pa in t or cause to be pa in ted any false or fictitious n a m e or place of abode or house or farm as aforesaid on such coach post- chaise or o ther carr iage waggon car t or wain shall forfeit and pay for every such offence a s u m no t exceeding forty shi l l ings.
27. A n d be i t fur ther enacted Tha t if any person or persons shal l h a u l or draw or cause to be hauled or d rawn upon any p a r t of such h ighway or tu rnp ike - road any t imber stone or o ther t h i n g otherwise t h a n upon wheeled carr iages or shall sutler any t imber s tone or other t h i n g which shall be carr ied pr incipal ly or in p a r t upon wheeled carr iages to d rag or t ra i l upon such road to t h e prejudice thereof or if any person shal l leave any waggon wain car t or o the r car r iage wha tever upon such road or on t he side or sides thereof
wi thou t any proper person in t he sole custody or care thereof longer t h a n
m a y be necessary to load or un load the same except in cases of accidentand in cases of accident for a longer t ime t h a n may be necessary to re- move the same or shall not place such waggon w a i n car t or o ther carr iage d u r i n g the t ime of loading or un load ing the same or of t a k i n g refresh m e n t as near to one side of t he road as convenient ly m a y be c i ther w i th or w i thou t any horse or beast of d r a u g h t harnessed or yoked the re to or shall lay any t imber stone hay s t raw d u n g m a n u r e soil ashes rubbish or o ther m a t t e r or t h i n g whatsoever upon such road or on t h e side or sides thereof or t he footpaths or causeways adjoining to t h e prejudice of such road or footways or to t h e prejudice annoyance in t e r rup t ion or personal danger of any person or persons t rave l l ing the reon or shall suffer any water filth dir t or other offensive m a t t e r or t h i n g whatsoever to r u n or flow in to or upon such road or foot p a t h s from any house bu i ld ing erection lands or premises adjacent the re to or if any person dr iv ing any pigs or swine u p o n such road shall sutler such pigs or swine to root u p or damage such road or t he fences hedges b a n k s or copse on ei ther side thereof respectively or if any person shal l after hav ing blocked or s topped any car t
waggon
waggon 01* o ther carr iage in going u p or down a hi l l or r is ing g r o u n d cause or sutler to ho or r emain on such road t h e stone t imbe r or o the r t h i n g w i t h which such car t or o ther carr iage shal l have been blocked or s topped or if any person or persons shal l pul l down damage injure or destroy any l a m p or lamp-pos t p u t u p erected or placed in or near to t he side of any h ighway or t u rnp ike - road or to l l -house erected the reon or shall ex t inguish the l ight of any such l a m p every person offending in any of t h e cases aforesaid shal l for each and every such offence forfeit and pay any sum n o t exceeding forty shil l ings over and above t h e damages occasioned the reby to be recovered as hereinafter men t ioned one moiety of which pena l ty or penal t ies w h e n recovered shall go and be paid to t h e informer and the o ther moiety thereof shall be to t he use of H i s Majesty to bo applied
| to t he purposes hereinafter | ment ioned . |
28. A n d be i t fur ther enac ted Tha t no person shall hereafter erect or cause to be erected any windmi l l wi th in t he dis tance of two h u n d r e d yards from any pa r t of any h ighway or tu rnp ike - road unde r t h e pena l ty of five pounds for each and every day such windmi l l shal l cont inue Provided a lways t h a t n o t h i n g herein conta ined shall be con s t rued to render legal t h e re-erect ion or con t inuance of any windmi l l in any case where by t h e common law such windmil l shall be a publ ic
| or p r iva te | nuisance . |
29. A n d whereas m a n y accidents happen and great mis
chiefs a rc f requent ly done upon h ighways a n d tu rnp ike - roads by t h e negl igence or wilful misbehaviour of persons dr iv ing thereon Be it therefore enacted Tha t if t he driver of any waggon wain car t or d ray of any k ind shal l r ide upon any such carr iage on any t u rnp ike - road not hav ing some other person on foot or on horseback to guide t he same (such l ight carts as are usua l ly driven wi th re ins and are t h e n conducted by some person hold ing the reins of t h e horse or horses no t be ing more t h a n two drawing t h e same excepted) or if t he driver of any carr iage whatsoever on any pa r t of any h ighway or t u rnp ike - road shal l by dr iv ing furiously thereon or by any negligence or wilful misbehaviour cause any h u r t or damage to any person or carr iage pass ing or be ing upon such road or shal l qui t t h e said road and go on the o ther side of t he hedge or fence enclosing t h e same or wilfully be a t such dis tance from such carr iage or in such a s i tua t ion whi ls t it shall be pass ing upon such tu rnp ike - road t h a t he cannot have t h e direction and government of t h e horse or horses or ca t t le d rawing the same or if t he driver of any waggon car t dray coach or other carr iage
| waggon car t d ray or carr iage on t h e left or near side of t h e road or if | whatsoever mee t ing any other carr iage shal l no t keep his or her |
| any person shall in any m a n n e r wilfully prevent any o ther person or persons from passing h i m or her or any carr iage unde r his or her care upon such road or by negligence or misbehaviour p reven t h inder or i n t e r rup t t he free passage of any carr iage or of H i s Majesty 's subjects upon any tu rnp ike - road every such driver so offending in any of t he cases aforesaid and being convicted of any such offence ei ther by his own confession t h e view of a Jus t i ce of t h e Peace or by t h e oath of one or more credible witnesses before any Jus t i ce of t h e Peace near to t he place where such offence shall be commit ted or where such offender shall be apprehended shall for every such offence forfeit any sum not exceeding forty shi l l ings or in default of paymen t be commit ted to t h e house of correct ion for any t ime no t exceeding one m o n t h unless such forfeiture shal l be sooner paid and every such dr iver offending in ei ther of t he said cases shall and m a y by a u t h o r i t y of th i s Ac t wi th or w i thou t w a r r a n t be apprehended by any person or persons who shal l see such offence commit ted and shal l be conveyed before some Jus t i ce of t h e Peace to be dealt w i th according to law |
and
a n d if any such driver in any of t h e cases aforesaid shal l refuse to discover his n a m e i t shal l a n d m a y be lawful for t h e Jus t i ce of t h e
Peace before w h o m h e shal l he t a k e n or to w h o m any such compla in t shall he m a d e to commit h i m to t h e house of correct ion for any t ime no t exceeding one m o n t h or to proceed aga ins t h i m for t h e pena l ty aforesaid by a descript ion of his person and the offence only w i thou t add ing any n a m e or designat ion h u t express ing in t h e proceedings t h a t he refused to discover h i s name .
30. A n d for t h e be t t e r a n d more easy recovery of t h e several
penal t ies forfeitures and sums of money directed to be pa id unde r t h i s A c t and t h e powers he re in conta ined t h e recovery of which is no t hereinbefore provided for be i t fu r ther enacted T h a t i t shall be lawful for any one or more Jus t i ce or Jus t i ces of t h e Peace as t he case m a y r equ i r e to hea r a n d de te rmine in a s u m m a r y way all offences
commit ted aga ins t t h e t r u e in t en t and m e a n i n g of th i s A c t a n d for
t h a t purpose to s u m m o n before h i m or t h e m any p a r t y or par t ies
accused of be ing an offender or offenders agains t t h e t r u e in t en t and m e a n i n g of th i s A c t and in case t h e p a r t y accused shal l no t appear on such s u m m o n s or offer some reasonable excuse for h is default t h e n and in every such case any such Jus t i ce or Jus t i ces is and are hereby au thor ized and requi red to proceed to m a k e enqu i ry t ouch ing t h e m a t t e r s complained of and to examine any wi tness or witnesses who shal l be offered on ei ther side on oa th and which oath every such Jus t i ce is he reby author ized empowered and requi red to
adminis te r a n d after h e a r i n g t h e par t ies who shal l appear a n d t h
witnesses offered on e i ther side such J u s t i c e or Jus t i ces shal l convict or acqui t t h e p a r t y or par t ies accused and if t he pena l ty or money forfeited or directed to be pa id in any such convict ion shal l n o t be paid wi th in t h e space of t h r ee days after any such convict ion every such J u s t i c e or Jus t i ces shal l t he reupon issue a w a r r a n t unde r his or the i r h a n d a n d seal directed to any Peace Officer or Officers and the reby requ i re h i m or t h e m to m a k e distress of t he goods or chat te ls of t h e offender or offenders to satisfy such pena l ty or money forfeited or directed to be paid a n d t h e costs of t h e prosecut ion and distress and if w i th in five days from t h e distress be ing t a k e n t h e penal ty or money forfeited or requi red to be paid and costs shall no t be paid t h e goods seized shall be appraised and sold render ing t h e overplus (if any) after deduct ing t h e pena l ty or s u m of money requi red to be pa id a n d t h e costs a n d charges of t h e prosecut ion distress a n d sale to t h e owner or owners thereof which costs and charges shall be ascer ta ined by the
J u s t i c e or Jus t i ces before w h o m any such offender or offenders shall have been so convicted a n d for w a n t of such distress t h e n every such Jus t i ce or Jus t i ces shal l on t h e appl icat ion of any prosecutor or prosecu tors and proof on oa th m a d e of t h e conviction and non -paymen t of t h e pena l ty or s u m of money directed to be paid and the charges the reon by w a r r a n t unde r his h a n d and seal commit every such offender or offenders to t h e common gaol or house of correct ion for any period n o t exceeding th ree m o n t h s Provided always t h a t no person or persons shal l be convicted of any offence or offences cont ra ry to t h e provisions of th i s Ac t in a s u m m a r y way before any Jus t i ce or Jus t i ces of t h e
Peace after t he expi ra t ion of th ree m o n t h s from t h e t ime w h e n any such offence or offences shal l have been commit ted .
3 1 . A n d be i t fu r ther enacted T h a t if any person convicted of
any offence or offences pun i shab le by th i s A c t before one or more Jus t i ce or Jus t i ces of t h e Peace shal l t h i n k himself or herself aggrieved by t h e j u d g m e n t of such Jus t i ce or Jus t i ces such person shal l have l iber ty to appeal from any such conviction to t h e nex t Cour t of Q u a r t e r Sessions of t he Peace which shall be held nearest to t h e place where such offence shall have been commit ted and t h a t t h e execut ion
of
of every j u d g m e n t so appealed from shall he suspended in case the person so convicted shall w i th two sufficient suret ies immediate ly before such J u s t i c e or Jus t i ces enter in to a bond or recognizance to H i s Majesty H i s H e i r s and Successors in t h e pena l s u m of double t h e a m o u n t of the penal ty so incur red or forfeited or in case such conviction should contain a j u d g m e n t of impr i sonment such appel lan t shall immedia te ly enter
in to a recognizance before such J u s t i c e or Jus t i ces himself or herself in t h e penal ty of twen ty pounds wi th two sufficient suret ies in t h e pena l ty of t en pounds each which bond or recognizance respectively such J u s t i c e or Jus t i ces is and are hereby author ized and requi red to t ake and such bond or recognizance shal l be condit ioned to prosecute such appeal wi th effect and to be for thcoming to abide t h e j u d g m e n t and de te rmina t ion of t he said Cour t of Qua r t e r Sessions and to pay such costs as t he said Cour t shall award on such occasion and t h e Jus t ices and the said Cour t of Q u a r t e r Sessions are hereby author ized and required to hear and de te rmine t h e m a t t e r of t he said appeal and to award such costs as to t h e m shal l appear j u s t and reasonable to be paid by e i ther pa r ty and such decision shal l be final between t h e said par t ies to all i n t en t s and purposes a n d if upon hea r ing the said appeal t h e j u d g m e n t of t h e Jus t i ce or Jus t i ces before w h o m t h e appel lan t shal l have been convicted shall be affirmed such appel lan t shal l for thwi th pay t h e forfeiture or pena l ty (if any be ment ioned in such conviction) and the costs awarded to be pa id by such appel lan t and in default of p a y m e n t thereof or in case such convict ion shal l conta in a j u d g m e n t of impr i sonment such appel lan t shall immedia te ly be commit ted by t h e said Cour t t o t h e common gaol or house of correct ion according to such convict ion and for t h e space of t ime the re in ment ioned w i t h o u t bai l or mainpr ize and also un t i l t h e paymen t of such costs as shall be awarded by t h e said Cour t be paid by such appel lant .
32. A n d be i t fur ther enacted T h a t no convict ion unde r this A c t nor any adjudicat ion made on appeal therefrom shall be quashed for w a n t of form or to be removed by wr i t of certiorari or o therwise i n to t h e Supreme Cour t and no w a r r a n t or commi tmen t shall be held void by reason of any defect there in provided i t be there in alleged t h a t t h e p a r t y has been convicted and t h a t the re be good and valid convict ion to sus ta in t he same.
33 . A n d be i t fur ther enacted Tha t if any act ion or sui t shall be commenced aga ins t any person or persons for any t i l ing done in pu r suance of th i s A c t t h e n and in every such case such action or suit shall be commenced or prosecuted wi th in th ree m o n t h s after t he fact
commi t t ed a n d no t afterwards and t h e defendant in every such act ion
or suit shal l a n d may plead the general issue and a t t h e t r i a l thereof give th i s Ac t and t h e special m a t t e r in evidence and if t h e m a t t e r or t h i n g complained of shal l appear to have been done under t he au thor i ty a n d in t h e execut ion of th i s A c t or if any such action or suit shal l be b r o u g h t after t he t ime l imited for b r ing ing t h e same then the j u r y shall find for t he defendant and if the plaintiff shall become nonsui t or d iscont inue his or her act ion after t h e defendant shall have appeared or have a verdict aga ins t h i m or he r or if upon demurre r j u d g m e n t shall be given against t he plaintiff the defendant shall and m a y recover t reble costs and have t h e l ike remedy for re covery thereof as any defendant h a t h in any cases by law.
34. A n d be i t fur ther enacted T h a t all sums of money levied
and collected unde r and by v i r tue of th i s A c t shall form and be a fundand be applied towards t h e m a k i n g repa i r ing and upho ld ing publ ic
roads bridges and ferries t h r o u g h o u t the said Colony.
35 . A n d be i t fur ther enacted Tha t th i s A c t shall commence
a n d t ake effect from and after t h e pass ing and publ icat ion thereof.
F 0 R M
F O R M OF LEASE.
WHEREAS in pursuance of an Act of the Governor with the advice of the Legislative
Council passed in the second year of the reign of King William the Fourth intituled " An " Act for repealing so much of an Act intituled 'An Act to continue until further provision " ' shall be made certain Duties Tolls Rates Fees and other Sums of Money imposed by the " ' Governors of New South Wales and for other purposes' as relates to the levying Toils
" in New South Wales and for raising a Fund towards making repairing and upholding" Public Roads Bridges and Ferries and for regulating the collection of Tolls thereon" the tolls and dues authorized by the said Act arising and to be collected and received at the turn pike-gate called gate situated at Z. (or at the ferry over the river Y. at X. as
the case may be) in the Colony aforesaid were on the day of last put up to be leased by public auction for the term of calendar months
from the day of next when C. D. of in the Colony aforesaid or some one on his behalf having attended and bid the sum of £ for the same was declared the highest bidder and purchaser thereof Now KNOW YE That A. B. Collector of Internal Revenue of the said Colony (or other officer as the case
may be) in pursuance and by the authority of the said Act and in consideration of the rent
and covenants hereinafter reserved and contained and also in consideration of the said V. IK having duly entered into the bond with sureties in that behalf prescribed by the said Act in
Council hath demised leased and to farm let and doth hereby demise lease and to farm letunto the said C. D. his executors and administrators all and every the toll and tolls dues and fees arising at the turnpike-gate called gate situate at Z. (or arising at the ferry over the river Y. at X. as the ease may be) in the Colony aforesaid to have and to hold the same unto the said C. D. his executors and administrators from the
day of now next ensuing for the
term of calendar months And the said C.D. in consideration of this demise doth for himself his executors and administrators covenant promise and agree to and with the said A. B. and his successors in office that he the said C.D. his executors or adminis trators shall and will well and truly pay or cause to be paid unto the said A. B. or his successors in office the said rent of £ by even quarterly (or monthly) payments of
£ each on the day of the day of (and so on as the case may require) without any deduction or abate
ment thereout whatsoever And further that he the said C.D. his executors and adminis trators shall and will at the end or other sooner determination of the said term hereby demised leave surrender and yield up the said turnpike-gate and all houses erections and buildings thereunto belonging (or the said ferry and all punts boats and other vessels houses erections and buildings thereunto belonging) together also with all posts rails bars chains ropes fastenings walls fences and appurtenances thereunto belonging in a good plight state and condition as to the repairs thereof And further that he the said V. D. his executors or administrators shall not at any time during the said term assign let set demise or otherwise part with the said term in the premises or any part thereof to any person or persons whomsoever without the license and consent in writing of the Governor of the said Colony for that purpose first had and obtained And lastly that he the said C. D. his executors and administrators shall and will well and truly observe perform fulfil and keep all and every the laws and ordinances rules orders and regulations now in force or
which shall at any time during the said term be made and in force in respect of the said
tolls dues and fees hereby demised or any part thereof.
IN WITNESS whereof the said parties have hereunto set their hands and seals
this day of A.D. 18
Signed sealed and delivered ) A. B. (Seal.)
in the presence of ) C. D. (Seal.) J. K. L. M.
FORM OE BOXD.
KNOW all men by these presents That we C. I), of
in the Colony of New South Wales E. F. of in the Colony aforesaid and G. II. of in the Colony aforesaid are jointly and severally held and firmly bound unto His Most Excellent Majesty King William the Fourth in the sum of
pounds of good and lawful money of the United Kingdom of Great Britain and Ireland current in England to be paid to His said Majesty His Heirs and Successors for which
payment
payment to be well and truly made we bind ourselves jointly (and each and every of us by
himself) severally and respectively our and each and every of our heirs executors and
administrators firmly by these presents.
Scaled with our seals dated this day of in the year of our Lord one thousand eight hundred and
WHEREAS in pursuance of an Act of the Governor with the advice of the Legislative Council passed in the second year of the reign of King William the Fourth intituled
" An Act for repealing so much of an Act intituled 'An Act to continue until further
" 'provision shall be made certain Duties Tolls Rates Fees and other Sums of Money " ' imposed bi/ the Governors of New South Wales and for other purposes ' as relates to the " levying Tolls in, New South Wales and for raising a Fund towards making repairing and " upholding Public Roads Bridges and Ferries and for regulating the collection of Tolls
" thereon " the tolls and dues authorized by the said Act arising and to be collected and received
at the turnpike-gate called gate situate at Z. (or at the ferry over the river Y. at
| X. as the case may be) in the Colony aforesaid were on the | day of |
last put up to be leased by public auction for the term of
| calendar months from the | day of | next when the above- |
bounden C. D. or some one on his behalf having attended and bid the sum of £
for the same was declared the highest bidder and purchaser thereof and whereas the above-
bounden E. F. and G. II. have at the request of the said C. D. and in pursuance of the said recited Act consented and agreed to become bound with the said C. D. in the above- written obligation as his sureties for the payment of the said rent and for the due observa tion and performance of all and every the laws ordinances rules and regulations in the said Act contained or which shall at any time during the said term be in force respecting the said tolls dues and fees Now THEREFORE THE CONDITION of the above-written obligation is such That if the above-bounden C D. his executors or administrators do and shall well and truly pay or cause to be paid unto the said A. B. or his successors in office the said rent of £ by even quarterly (or monthly) payments of £ each on the day of (and so on as the case may require) without any deductions or abatements thereout whatsoever and if the said C. D. his executors and administrators do and shall at the end or other sooner determination of the said term leave surrender and yield up the said turnpike-gate and all houses erections and buildings there unto belonging (or the said ferry and all punts boats and other vessels houses erections and buildings thereunto belonging) together with all posts rails bars chains ropes fastenings walls fences and appurtenances thereunto belonging in a good plight state and condition as to the repairs thereof and if the said C. D. his executors or administrators do not at any time during the said term assign let set demise or otherwise part with his said term in the premises or any part thereof to any person or persons whomsoever without the license and consent in writing of the Governor of the said Colony for that purpose first had and obtained and if the said G. D. his executors and administrators do and shall well and truly
observe perform fulfil and keep all and every the laws and ordinances rules orders and
regulations now in force or which shall at any time during the said term be made and in force in respect of the said tolls dues and fees or any part thereof. Then the above-written obligation shall be null and void otherwise shall remain in full force and virtue and shall
moreover stand as a security for and shall and may be sued upon accordingly for the
payment and recovery of all or any of the pecuniary penalties and forfeitures prescribed by the said Act or which shall hereafter at any time during the said term be prescribed or im
posed by law and which shall be or become due forfeited and payable.
Signed sealed and delivered C. D. (Seal.) F. F. (Seal.)
in the presence of G. H. (Seal.) I. K.
L. M.
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