The Hockliffe to Newport Pagnell
Toll Road, 1727

The entire text from the Acts of 1728 and 1742:

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Anno Regni
Georgii II
Regis
Magna Britannia, Francia & Hibernia
Primo

At the Parliament Began and Holden at Westminster, the twenty third day of January Anno Dom 1727. In the First year of the reign of our Sovereign Lord George II. By the Grace of God, of Great Britain, France and Ireland, King, Defender of the Faith, &c. being the first session of this present parliament.

London
Printed by John Baskett, Printer to the King’s most Excellent Majesty, 1728.

Anno primo
Georgii II. Regis

An Act for the more effectual amending the highway between Hockliffe and Woburn, in the County of Bedford; and for repairing the road leading through Woburn to Tickford Bridge in Newport Pagnell, in the County of Bucks.

Preamble
Whereas an Act made and passed in the fifth year of the reign of her late Majesty Queen Anne [intitled, An Act for repairing the highway between Hockliffe and Woburn in the County of Bedford] will expire and determine on the twenty fourth day of June, one thousand seven hundred and twenty eight; and whereas in pursuance of the late Act, great sums of money have been laid out and expended in repairing the said highway; but by reason of several defects in the provision made, and powers granted by the said Act, the said highway is not yet sufficiently amended, but the same is still very ruinous and out of repair; and whereas the highways from Woburn aforesaid, to Tickford Bridge in Newport Pagnell, in the County of Bucks (lying in the several parishes of Wavendon, Middleton Keynes, Broughton, Moulsoe and Newport Pagnell, in the said county of Bucks) and a certain lane called Hockliffe Lane, by reason of many heavy carriages daily passing through the lane, are become very bad and dangerous to passengers, and the ordinary means appointed by the Laws now in being, are not sufficient effectually to put the laid highways and lane into, and keep the same in good repair, material fit for amending the same being at a great distance from the said highways.

Trustees appointed
To the end therefore, that as well all the highways, lane, and roads leading from Hockliffe in the said County of Bedford, to Tickford Bridge in Newport Pagnell, in the said County of Bucks, as the causeway hereafter mentioned, may with all convenient speed be effectually amended, and hereafter kept in good and sufficient repair, be it enacted by the King’s most excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, that for the better surveying, ordering, repairing, and keeping in repair the highways or roads, and causeway aforesaid, Daniel Finch, Esquire (commonly called Lord Finch) son and heir apparent to the Earl of Nottingham, the Right Honourable Richard Lord Fitzwilliam in the Kingdom of Ireland, the honourable George Compton Esquire, the honourable Charles Leigh Esquire, Sir Rowland Alston, Sir John Chester, Sir Pincent Chernock, Sir Humphry Monoux, Sir John Napier, Sir Gregory Page, Baronets; George Abbott, Thomas Armstrong, John Thurloe Brace, John Carter, Boteler Chernock, Thomas Chapman, Roger Chapmam, Thomas Page, Francis Duncombe, Denis Farrer, Thomas Farrer Hillersdon, Thomas Huxley, Joseph Johnson, Robert Isaacson, Francis Lowe, John Lawson, William Selby, Francis Wingate, John Wells, Esquires; James Ashwell, William Parker, John Reynall, Thomas Theed, Simon Taylor junior, Richard Reddall, Christopher Tower junior, gentlemen, shall be, and they, and the surveyors of them, are hereby nominated and appointed Trustees for putting this Act in execution;

May erect Turnpikes
and that they, or any five or more of them, or such person or persons as they, or any five or more of them shall authorise and appoint, shall and may erect, or cause to be erected, a gate or gates, turnpike or turnpikes, in, upon, or cross any parts of the said roads, and also a toll house or toll houses and shall receive and take the tolls and duties following before any horse, cattle, coach, berlin, chariot, calash, chaise, chair, wagon, wain, cart or other carriage whatsoever, shall be permitted to pass through any gate or turnpike erected and set up by virtue of this Act; viz.

The Toll
For every coach, berlin, chariot, calash, chaise or chair, drawn by four or more horses, the sum of one shilling.
For every coach, berlin, chariot, calash, chaise or chair, drawn by two or three horses, eight pence.
For every chaise or chair drawn by one horse, six pence.
For every wagon or wain laden with wheat, barley or other grain, six pence.
For every cart so laden, four pence.
For every other wagon, wain, cart, or other carriage drawn by four or more horses or oxen, the sum of one shilling.
And drawn by three horses or oxen, six pence.
And drawn by two horses or oxen, four pence.
And drawn by one horse, two pence.
For every horse, mare, gelding, mule or ass, laden or unladen, and not drawing, one penny.
For every drove of Oxen or neat cattle, ten pence per score, and so in proportion for any greater or lesser number.
For every drove of calves, hogs, sheep, or lambs, five pence per score, and so in proportion for any greater or lesser number.

Distress for non payment
Which said respective sum or sums of money shall be demanded and taken in the name of, or as a toll or duty, for and upon passing the said respective gates or turnpikes; and the money to be raised is, and the same is hereby vested in the Trustees appointed, or to be appointed to put this Act in execution, and the Surveyors of them; and the same and every part thereof, shall be paid, applied, disposed of, or assigned, for repairing the said highways, roads and causeway, and to and for the several uses, intents and purposes, and in such manner as is herein after mentioned and directed (the reasonable charges that have been or shall be expended in, about, or by reason or passing this Act of Parliament, being thereout first deducted) And they the said Trustees, or any five or more of them, are hereby impowered by themselves, or any person or persons by them, or any five or more of them, under their hands and seals thereunto authorised, to levy the tolls or duties hereby charged and made payable, upon any such person or persons, who shall (after demand thereof made) neglect or refuse to pay the same, as aforesaid, by distress of any horse or horses, or other cattle or goods upon which such tolls or duties are by this Act imposed, or upon any other of the goods and chattels of such person or persons, who ought to pay the same, and shall and may detain and keep the same, until such toll or duty, with reasonable charges of such distraining and keeping shall be paid; and it shall and may be lawful to and for such person or persons so distraining after the space of five days after such distress made and taken, to sell the goods so distrained and taken, returning the overplus, if any be, upon demand, to the owner thereof, after such toll or duty and reasonable charges for distraining, keeping and selling the same, shall be deducted and paid.

Permitting passage thro’ private grounds, forfeits 10s.
And be it further enacted by the authority aforesaid, that if any person or persons whatsoever owning, renting, or occupying any land near unto any gate or turnpike to be erected in pursuance or by authority of this Act, shall wilfully, for gain, reward, or otherwise, permit or suffer any person or persons whatsoever to pass through any gate, passage, or way on the said land, with any coach, berlin, chariot, calash, chaise, chair, wagon, wain, cart, carriage, horse, mare, gelding, ass, mule, or any sort of cattle; or in any person shall take off, or cause to be taken off, any horse, mare, or gelding, or horses, mares or geldings, from any coach, berlin, chariot, calash, chaise or chair, or any horse, mare or gelding, horses, mares or geldings, ox or oxen, from any wagon, wain cart or other carriage, or if any person shall drive any coach, berlin, chariot, calash, chaise, wagon, cart, or other carriage, or shall ride or drive any horse, mare, gelding, ass, mule or any sort of cattle, through any such gate, passage or way, on purpose to avoid or lesson the payment of the tolls by this Act granted, every such person in either manner offending, and being thereof convicted upon oath before one or more Justice or Justices of the Peace for the said Counties of Bedford or Bucks, where such offence shall be committed, shall forfeit and pay to the said trustees the sum of ten shillings, to be levied by distress and sale of the owners or offenders goods, by warrant under the hand and seal, or hands and seals, of the said Justice or Justices, rending the overplus to the owner or offender; which said penalty of ten shillings, when recovered, shall go and be applied, one moiety thereof to the use of the informer, and the other moiety towards repairing the roads aforesaid.

Trustees may erect Turnpikes cross Lanes
And be it further enacted by the authority aforesaid that it shall and may be lawful to and fore the said trustees, or any five or more of them, to erect one or more gate or gates, turnpike or turnpikes on the side of the said highways or roads, cross any lane or way leading out of the lane, to prevent frauds and abuses including the payment of the tolls by this Act granted, and there to receive and take such tolls, as are hereby made payable, at any gate or turnpike to be erected by virtue hereof; so as the same do not extend to a double charge, in case of passing through any other of the turnpikes to be erected by virtue of this Act.

No Toll on Election days for Knights of the Shire
Provided always, and it is hereby declared, that during the continuance of this Act, all coaches, and passengers on horseback, shall pass and repass toll-free through any turnpike to be erected by virtue of this Act, on the day or days, on which there shall be an election for a Knight or Knights of the Shire to serve in Parliament for the said counties of Bedford or Bucks; any thing herein contained to the contrary notwithstanding.

Manor of Battlesden exempted from the toll
Provided also, and be it further enacted, that the Lord or Owner of the Manor, or reputed Manor of Battlesden, for the time being, and his servants, and the tenants of the said Manor, or reputed Manor or any part thereof, during the time they shall continue such tenants respectively, and all the inhabitants of the parish of Battlesden, during such their inhabitancy, shall be freed, exempted, and discharged of and from paying any toll or duty by this Act granted and made payable, any thing herein contained to the contrary notwithstanding.

Trustees may choose Receivers, Surveyors and Co.
And be it further enacted by the authority aforesaid that the said trustees at their first meeting or any five or more of them then present, or at any succeeding meeting, by writing under their hands and seals, shall and may choose and appoint one or more fit person or persons to be a receiver or receivers, collector or collectors of and to levy the tolls of duties hereby granted, at any gate or gates, turnpike or turnpikes, erected or to be erected by virtue of this Act; and also one or more fit person or persons to be surveyor or surveyors of the highways or roads, and causeway aforesaid, and to see and take care that the same be well repaired and amended, and that the money raised and expended by virtue of the Act, be duly applied; and from time to time to remove such collectors, receivers or surveyors, or any, or either of them, as they shall see occasion, and to appoint new ones incase of death or such removal; and such person and persons, as is or are by this Act liable to pay the said tolls or duties, is and are hereby required to pay the same, after the rates aforesaid, to the said receiver or receivers, collector or collectors of the said tolls or duties in that behalf from time to time appointed, as aforesaid;

Account on Oath
and the person or persons so appointed for the receiving of the said tolls or duties, and also such surveyor or surveyors, as aforesaid, shall upon oath, if thereto required by the said trustees, or any five or more of them, before one or more Justice or Justices of the Peace, residing near to the highways or roads aforesaid (which oath such Justice or Justices is and are hereby impowered and required to administer) on the first Tuesday in every month, during the continuance of this Act, give a true and perfect account in writing, under their respective hands, of all monies, which he and they, and every or any of them shall to such time have received, paid and distributed by virtue of this Act, by reason of their respective Offices, for which oath no fee or reward shall be taken, and the same may be taken in writing without any stamp thereupon; and in case any money so received shall remain in their, any, or either of their hands, the same shall be paid to the said Trustees, or any five or more of them, or to such person or persons as they, or any five or more of them shall, by writing or writings under their hands and seals authorise and impower to receive the same, which shall be laid out and applied for the uses and purposes of this Act, and not otherwise; and the said Trustees, or any five or more of them, to whom such account small be given, shall and may, out of the money arising by the said tolls or duties, make such allowance unto the said receiver and receivers, collector and collectors, and the surveyor and surveyors, for and in consideration of his and their care and pains respectively taken in the execution of his and their said respective office and offices, and also to such other person and persons, who have been, or shall be assisting in and about procuring the said highways or roads to be amended and repaired, as aforesaid, by advancing or laying out any monies, or otherwise relating thereunto, as they the said trustees or any five or more of them, shall from time to time judge fit and reasonable;

Not accounting to be imprisoned
And in case such receiver or receivers, collector or collectors so to be appointed as aforesaid, or any or either of them, shall not make such account and payments, as aforesaid, unto such person or persons, according to the order and direction of the said trustees, or any five or more of them, that then the said Justice of the Peace at any Special Sessions or Monthly Meeting of them, to be holden for any Division, in which the said highways or roads do lie (upon complaint made to them by the said Trustees, or any five or more of them) shall make inquiry of or concerning such default, as well by the confession of the parties themselves, as by the testimony of one or more credible witness or witnesses upon oath (which oath the said Justice or Justices is and are hereby impowered and required to administer without fee or reward) and if any person or persons shall be therefore convicted by such Justice or Justices, the said Justice or Justices is and are hereby impowered and shall upon such conviction commit the party or parties to the common goal of the said county where said offence shall be committed, there to remain without bail or mainprize, until he and they shall have made a true and perfect account and payment as aforesaid.

Surveyors may dig gravel in waste ground
And be it further enacted by the authority aforesaid, that it shall and may be lawful to and for the said surveyor and surveyors, so to be appointed, as aforesaid, and such persons as he and they shall appoint, to dig, take, and carry away any stone, gravel, furze, heath, sand or other materials, for amending the said highways or roads, out of any convenient part of any waste or commons of any parish, town, village, or hamlet, in or near which any ruinous places of the said highways or roads do lie; and for want of sufficient stones, gravel, furze, heath, sand or other materials there, to dig, gather, take and carry away such materials out of the waste or common of any neighbouring parish, town, village or hamlet, without paying any thing for the same; such surveyor and surveyors filling up and levelling the holes or pits (if required) in all such commons or waste grounds, from whence such stones, gravel or sand shall be taken, for repairing the highways or roads, as aforesaid;

Or in the several Grounds of any person paying for the same
and where there is not a sufficient quantity of such materials in any commons or waste ground near adjoining it shall and may be lawful for such surveyor or surveyors or their agents by order of the said trustees or any five or more of them to dig, take, and gather the same in the several grounds of any person or persons (not being then a garden, orchard, park stocked with deer, yard meadow, planted walk or walks, or avenue to a house) where any such materials are, or may be found, and from time to time carry away such and so much thereof as the said surveyor or surveyors so to be appointed as aforesaid, shall adjudge necessary for repairing and amending the said highways or roads, paying such rates for such materials and for any damage done thereby to the owner or occupier of the ground, wherein and from whence the same shall be digged, gathered, and carried away, as the Trustees appointed, or to be appointed to put this Act in execution, or any five or more of them, shall adjudge reasonable; and in case of any difference concerning the same, between such owner and occupier, and the said Trustees, touching the damage aforesaid, the Justices of the Peace at the next general Quarter Sessions to be holden in the County where and from whence such materials shall be digged, taken gathered or carried away, shall and may adjudge, assess, order and finally determine the same.

Battlesden Parish excepted
Provided always, and it is hereby enacted and declared by the authority aforesaid, that no such gravel, sand, stones or materials, shall be digged for, gathered, taken or carried away within the said parish of Battlesden, without consent of the Lord or Owner of the Manor, or reputed Manor of Battlesden, from time to time first had and obtained.

Surveyors may remove annoyances
And be it further enacted by the authority aforesaid that it shall and may be lawful to and for the surveyor and surveyors so to be appointed as aforesaid and such person or persons as he and they shall appoint, from time to time to remove and prevent all annoyances on any part of the said highways or roads, hereby intended to be repaired by filth, dung, ashes rubbish or otherwise or by watercourses, sinks or drains, laid or running into the said highways or roads and to cleanse any ditch or watercourse adjoining to the said roads, and to shroud, lop, or cut down any trees, boughs of trees or bushes upon or near the said roads and to take and carry away the same, in case the owner or occupier neglect to reform or remove such annoyances, or to cut fell or take away any such trees boughs, bushes, shreddings and lops, for the space of ten days after notice given in writing for the purpose, under the hands of the said trustees, or any five or more of them, the charges whereof shall be reimbursed to the said surveyor or surveyors, by such owners or occupiers neglecting to reform or remove same;

Penalty
and if after removal of any of the said annoyances, any person or persons shall again offend in the like kind, during the continuance of this Act, every such person so offending, and being thereof convicted upon oath before one or more Justice or Justices of the Peace of the County where the said annoyance shall be, shall for every such offence, forfeit and pay to the said Trustees, the sum of twenty shillings, to be levied, recovered and disposed of in such manner as is herein after mentioned.

May make causeways and co.
And be it further enacted by the Authority aforesaid that it shall and may be lawful to and for the said surveyor or surveyors, so to be appointed as aforesaid, by order of the said trustees or any five or more of them, to make or cause to be made causeways, and to cut and make drains through, and to make and erect arches or bridges of brick, timber or stone, in or upon any part of the said roads, and also to widen any of the narrow parts of the said roads by opening clearing and laying into the same any grounds of any person or persons lying contiguous to such roads (not being a house, garden, orchard, yard, planted walk or avenue to a house) and also to cause ditches or trenches to be made in such manner as such surveyor and surveyors, by order of the said trustees, or any five or more of them, shall adjudge necessary for the better amending and keeping the said roads in good repair, making such reasonable satisfaction to the owner or occupier of such ground, which shall be so laid in or unto the said roads, on through which any such drain or drains shall be cut, or on which any such arch or arches, bridge or bridges shall be made, for the damages which the owners or occupiers shall or may thereby sustain, as shall be affected and adjudged by the Justices of the Peace, at their next General Quarter Sessions, to be holden for the county wherein such ground so laid into the said road shall lie, or through which any such drain or drains, ditch or ditches shall be cut or made, or on which any such arch or arches, bridge or bridges, shall be erected or made or such causeways made, in case of any difference concerning the same.

Owners not securing their ditches, Surveyors may at their charge
And be it further enacted by the Authority aforesaid, that if any owner or owners of any watercourses ditch or ditches, adjoining to the said roads shall neglect or refuse to scour and cleanse the same twice in a year, after ten days notice shall be given for that purpose, by the said surveyor or surveyors so to be appointed, as aforesaid, or such person or persons as shall be appointed by him or them to such owner or owners, it shall and may be lawful to and for the said surveyor or surveyors to let any man or men at work to scour and cleanse the same, and by warrant from any five or more of the said trustees to levy the charge thereof upon the person, goods or estate of the owner or owners, occupier or occupiers of the said ditch or ditches, so neglecting or refusing by distress and sale of his her or their goods and chattels, rendering the overplus (if any be) to the said owner or occupier, after all charges paid.

Trustees may borrow money on the toll at 5 per cent
And forasmuch as the money to be collected by such receipt of the said tolls will not be present be sufficient for the speedy repairing of the said roads; it is hereby further enacted, that the said trustees, appointed or to be appointed to be put this act in execution, or any seven or more of them, shall and may, and are hereby empowered from time to time, by writing under their hands and seals, to assign over the said tolls or duties by this Act made possible, or any part thereof (the costs and charges whereof to be born and paid out of such tolls or duties) for any time or times, for which the same is hereby granted, or for any part of such time or term, as a security for any sum or sums of money by them to be borrowed for that purpose, to such person or persons, or their trustees, who shall advance and lend the same, to secure the repayment thereof with lawful interest; which said money to be borrowed shall be applied and disposed of, as the said tolls or duties are by this Act directed to be applied and disposed of, and to no other use, intent or purpose whatsoever.

Toll payable but once a day
Provided always, that in case there shall be more than one gate or turnpike erected by virtue of this Act, in, cross, or on the side of the said roads, no person or persons having paid the toll or duty aforesaid, at the first gate or turnpike, through which said person or persons shall pass, and producing a note or ticket that the said toll or duty was paid (which note or ticket the receiver or receivers, collector or collectors so to be appointed, is and are hereby required to give gratis upon the payment of such toll or duty) shall be liable to pay any toll or duty at any other of the said gates or turnpikes erected by virtue of this Act, on, cross or on the side of the said roads, such person or persons delivering the said note or ticket to the said receiver or receivers, collector or collectors of the said toll or duty, at the latter gate or turnpike the same day, or before twelve of the clock at night, of that day; and no person or persons having occasion to pass the place or places where the tolls or duties are taken, and who shall return the same day with the same horse, mare, gelding, ass, mule cattle, coach berlin, chariot, calash, chaise, chair, wagon, wain, cart or other carriage, shall be liable or compelled the same day to pay the said toll or duty a second time.

Coach & co lying on the road exempted from Toll the next morning
Provided also that if any cattle coach chariot, berlin, calash chaise chair wagon wain cart or carriage shall pass through any gate or turnpike to be erected by virtue of this act (for which the tolls or duties by this Act imposed, have been paid) and shall stop and stay the night following at any place on the road hereby intended to be repaired, between any of the gates or turnpikes to be erected by virtue hereof, that then, and in such case, the owner or driver of such of cattle coach chariot, berlin, calash chaise chair wagon wain cart or carriage (upon producing a ticket of such payment) shall not be obliged the next morning to pay any toll or duty hereby imposed for passing through any other turnpike or gate so to be erected, anything herein contained to the contrary notwithstanding.

Disposing of tickets to avoid the toll forfeits 10s
And for preventing frauds and abuses in the said tolls or duties, be it enacted by the authority aforesaid, that if any person or persons, having paid the toll or duty by this Act granted and made payable, and having such note or ticket, notes or tickets, as aforesaid, shall give or dispose of the same to any other person or persons, in order to avoid the payment thereof, every such person giving, disposing, offering, or receiving such note or ticket, notes or tickets, and being thereof convicted upon oath, before any one or more justice or justices of the peace for the said county, where such note or ticket, notes or tickets, shall be so given, disposed of, offered, or received, as aforesaid, shall respectively forfeit and pay the sum of ten shillings, to be levied, recovered and disposed of, as any other penalty or forfeiture is directed to be levied, recovered and disposed of by this Act.

Persons and things exempted from Toll
Provided always, and it is hereby declared, that no person shall be charged with any of the tolls or duties aforesaid, passing through any of the turnpikes to be erected by this Act, who shall carry any quantities of stones, gravel or other materials for amending of the said roads in the neighbouring parishes, or for carrying through the said gates or turnpikes any dung, mold or compost of any nature or kind whatsoever, for manuring of gardens or land, within the parishes wherein the said roads lie; nor shall any person or persons be chargeable with the said toll or duty, for any carts or wagons carrying any hay or corn in the straw, to be laid up in or at the houses, barns or yards of the respective inhabitants of the several parishes, in which the said roads do lie; nor for any ploughs, harrows, or other implements of husbandry, in order to the using or repairing the same, or any other things whatsoever imployed in husbandry, for manuring and stocking of land in the said several parishes, wherein the said roads by this Act directed to be repaired, do lie; nor shall any toll or duty be demanded or taken for any horse or horses, or cattle, going to or returning from pasture or watering places, belonging to the respective farms of the neighbouring inhabitants, or for any post horse carrying the mail or packet, or such horse as is or shall be used only to ride on by the owner or driver of any wagon, wain, cart or carriage; nor shall any toll or duty be demanded or taken for the horses of soldiers passing, that are upon their march, or for carts, carriages or wagons attending them, or for horses, carts or wagons travelling with vagrants sent by legal passes.

Persons chargeable to the highways to continue so
Provided also, and it is hereby enacted, that all and every person or persons, who by law are chargeable towards amending the said highways in the several parishes, wherein the roads by this Act directed to be repaired, do lie, shall still remain chargeable, and do their respective works in the said parishes, as before such person or persons ought to do and perform.

Statute Work
And be it further enacted by the authority aforesaid, that every person and persons chargeable towards repairing such parts of the roads aforesaid, as lie in the parish of Woburn, in the said county of Bedford, and in the said parishes of Wavendon, Middleton Keynes, Broughton, Moulsoe and in such part of the parish of Newport Pagnell, as lies in the manor of Tickford, shall, during the continuance of this Act, do and perform three days of that work, commonly called statute work, which is appointed by the laws now in being for amending the highways of the Kingdom, in such manner, place and places, being part of the roads to be repaired by virtue of this Act, and at such time and times as the surveyor and surveyors hereby to be appointed, as aforesaid, shall, by writing under his or their hands, from time to time order and direct, and shall not be again chargeable for the same by any surveyor or surveyors of the respective parishes or townships, wherein the roads hereby directed to be repaired do lie, or any person whatsoever, and also that the respective surveyor or surveyors for the time being, of all and every such parish and parishes, township and townships, shall yearly and every year, within four days after request made to him or them by such surveyor or surveyors, as shall be appointed by virtue of this act, give lists or an account in writing (under his or their hands) of the names of all and every person and persons in the said respective parishes or townships, who are by the laws in force chargeable towards repairing the highways of such respective parishes or townships, and what  such person or persons is or are chargeable with respectively for and towards the same, to the Surveyor or Surveyors to be appointed by virtue of this Act; and that the said Surveyor or Surveyors of the said Parishes and Townships shall, within three days after notice given by the said Surveyor or Surveyors hereby to be appointed, of the time when, and how many of the persons (so chargeable aforesaid) he or they would have to do three days work in and upon the said road to be repaired by this Act, either summon or give publick notice thereof to the said person and persons so chargeable, as aforesaid, and if any Surveyor or Surveyors of the said Parishes or townships respectively, shall neglect or refuse to do as they are hereby directed and required, he and they, for every such offence, shall respectively forfeit and pay the sum of ten shillings; and if any person or persons, keeping a team or other carriage, and chargeable towards repairing the highways in such parishes or townships, wherein the roads by this Act directed to be repaired do lie, shall neglect or refuse to do and perform three days work in the said roads hereby directed to be repaired (after such summons or publick notice shall be given, as aforesaid) such person and persons shall respectively forfeit and pay the sum of ten shillings for each of the said three days such person or persons, keeping a team or other carriage, shall make default; and if any labourer or other person, so chargeable towards repairing of the highways of the said parishes or townships, shall at any time neglect or refuse (after such summons or publick notice given, as aforesaid) to do and perform three days work in the said roads hereby directed to be repaired, such person or persons neglecting to do and perform the same, shall respectively forfeit and pay the sum of one shilling and six pence for each of the said three days such labourer, or other person, shall make default; all which last mentioned penalties and forfeitures shall be levied, recovered, and disposed of, as is herein after mentioned.

Rents chargeable to the highways to continue so
Provided also, and it is hereby enacted and declared, that if it shall appear to the said Trustees, or any five or more of them, that any lands, or any rents or profits issuing out of any lands, tenements or hereditaments, are liable or chargeable towards amending the said roads, hereby intended to be repaired, such lands, tenements, and hereditaments, shall still remain liable and chargeable, and the possessors and occupiers of such lands, tenements, and hereditaments, are hereby ordered and required to pay such rents and profits to such person and persons, the said Trustees, or any five or more of them, shall appoint to receive the tolls or duties granted by this Act; which rents and profits shall be applied from time to time for repairing the said roads, and to no other use or purpose whatsoever.

Trustees may compound for quarterly payments
And it be further enacted by the Authority aforesaid that the aid Trustees, or any five or more of them, may, and are hereby impowered from time to time, as they shall see convenient, or think fit, to compound or agree by the year, or otherwise, with any person or persons using to travel through the Turnpike or Turnpikes to be created, with any horse, mare, gelding, cattle, coach, chariot, clash, chaise, chair, wagon, wain, cart or other carriage, for any sum or sums of money to be paid quarterly, from time to time, after such agreement shall be made.

Penalties how to be levied
And be it further enacted, that all penalties and forfeitures, by this Act imposed or incurred, as aforesaid (the manner of levying and recovering whereof is not otherwise hereby particularly directed) shall be levied and recovered by distress and sale of the offenders goods and chattels, by warrant or warrants under the hands and seals of any two or more of his Majesty’s Justices of the Peace of the same division, wherein any part of the roads hereby directed to be repaired, do lie, or in default thereof, of any two or more neighbouring Justices of the Peace; which warrant or warrants the said Justices are hereby empowered and required to make, upon the information of any one or more credible witness or witnesses upon oath (which oath the said Justices are hereby impowered and required to administer) and the warrant or warrants to be directed to the constables and tythingmen of the parishes and places, where such warrant or warrants are to be executed, who are hereby required to execute the same; and the penalties and forfeitures when recovered and levied after rendering the overplus (if any be) to the party or parties, whole goods and chattels shall be distrained and sold, the charge of such distress and sale being first deducted, shall go, be applied, and laid out (if not otherwise applied and disposed of by this Act) for and towards amending the roads hereby intended to be repaired.

Lord of Battlesden Manor how to inclose his ground
And forasmuch as persons passing and repassing through the said lane, commonly called Hockliffe Lane, will not (considering the same is to be repaired, as aforesaid) be for the future necessitated to break into the grounds of the present Lord of the Manor, or reputed Manor of Battlesden; be it therefore enacted by authority aforesaid that it shall be lawful to and for the present Lord, and the Lord of the said Manor, or reputed Manor, for the time being, to inclose, hedge, ditch, and fence in the ground of or belonging to such Lord of the said Manor adjoining to the said Lane, referring and leaving out so much ground as the said Trustees hereby appointed or to be appointed, to put this Act into execution, or any five or more of them, shall think fit to mark, bound, limit or appoint for the Lane so to be repaired, as aforesaid; so as much ground, so to be marked out for such Lane to be repaired as aforesaid, do not exceed twelve yards in breadth in any one part of the said Lane; and in case the said Trustees, or any five or more of them, shall, twelve days after request to them for the purpose made, by the Lord of the said Manor for the time being, neglect or refuse to mark, bound, limit, or appoint such ground, as aforesaid, then, and from thenceforth, it shall and may be lawful for the Lord of the Manor for the time being, to inclose, hedge, ditch, and fence in his ground adjoining to the said Lane, so as he leave twelve yards in breadth, at least, for such Lane so to be repaired, as aforesaid, during the whole extent thereof; which Lane shall, and is hereby declared to be the common highway for all times to come.

Toll to continue 21 years
And be it further enacted by the authority aforesaid that the tolls or duties hereby granted shall take place and have continuance only from and after the twenty fourth day of June, one thousand seven hundred and twenty eight, for and during the term of one and twenty years.

Except roads be sooner amended
Provided nevertheless, that if at any time before the expiration of the said term of one and twenty years all parts of the roads shall be sufficiently amended and repaired, and so adjudged by the Justices of the Peace for the said respective counties of Bedford and Bucks at their respective Quarter Sessions to be holden for the said counties, that then, from and after such adjudication made, and repayment of such money as shall have been advanced or borrowed, with interest for the same, and the costs and charges thereof, the tolls and duties aforesaid shall cease and determine; any thing herein contained to the contrary thereof notwithstanding.

Last years toll assigned to the Lord of Battlesden Manor
And whereas the said lane, called Hockliffe Lane, lying in the parish of Battlesden, in the said County of Bedford, and leading between Hockliffe, and Woburn in the said County, is only a common footway, horseway, and a way for driving cattle, and there has been made at a very great expense, and constantly maintained there by the said Parish of Battlesden, a large and substantial causeway for passing of horses and drift cattle, and the same is now in very good repair, but no other part of the said lane hath ever been repaired by the inhabitants of the said parish of Battlesden , or any owner or occupier of land there; now for preserving of the said causeway, be it enacted by the authority aforesaid, that the said causeway shall, one year before the expiration of the said term by this act granted, be delivered up to the said Lord or owner of the said Manor, or reputed Manor of Battlesden, for the time being, in good condition and repair, and well ditched, trenched, and fenced; and it shall and may be lawful to and for the said Trustees appointed or to be appointed, or any five or more of them, and they are hereby required to order and direct the collector and collectors, receiver or receivers of the tolls and duties hereby made payable, for the time being, to pay or cause to be paid during the last year of the term hereby granted, the said tolls and duties to the Lord of the said Manor or reputed Manor for the time being, or his deputy or deputies; and in default of such order by the said Trustees, the said collector and collectors, receiver and receivers, shall and are hereby required and directed to pay the same tolls and duties to the Lord of the said Manor of Battlesden, and such Lord of the said Manor, and his deputy or deputies, is and are hereby directed and required to lay out and apply the same for and towards making good any defect and want of reparations of the said causeway, which shall be at the time, when the same shall be delivered up, as aforesaid: but the said Lord, or owner of the said Manor of Battlesden, shall be accountable to the said Trustees hereby appointed, or to be appointed, or any five or more of them, for such money as be shall receive and lay out during the said time, and pay and apply the surplus in his hands for the purposes herein mentioned, as the said Trustees, or any five or more of them, shall direct.

Bridges to be made cross Hockliffe Lane
And be it further enacted by the authority aforesaid that such bridges and causeways shall be made and maintained cross the said way or lane, called Hockcliffe Lane, as are or shall be necessary and convenient for carts and carriages to pass and repass to and from the Closes or lands in Battlesden aforesaid, lying on either side of the said Lane or Way.

Assignment of Toll to Battlesden Manor to be free from incumberances
Provided nevertheless, and it is hereby declared and enacted, that the said tolls and duties hereby directed to be paid to the said Lord of the Manor of Battlesden, as aforesaid, during the last year of the term hereby granted, shall not be subject or liable to the payment of any money to be borrowed upon or by virtue of this Act. But shall, during the said last year, be exempted and discharged therefrom.

Parish of Battlesden exempted from repairing the Coachway and Co.
Provided always, and be it enacted and declared by authority aforesaid, that nothing in this Act contained shall extend, or be construed to extend, to make the Lord of the Manor of Battlesden, or the inhabitants of the said parish of Battlesden, or any other owner or occupier of lands there, at any time hereafter liable or chargeable in law to the repair of the said lane, or the way to be, or hereby intended to be let out as the common highway, or any part thereof, for the passage of coaches, carts, or carriages; but the said inhabitants, owners or occupiers shall be and remain liable only to maintain a sufficient causeway or way for the passage of horses or other cattle through the said lane, from and after such time only, as the said causeway shall be left and delivered up in such plight and condition, and be ditched, trenched, and fenced as aforesaid, and thing in this Act contained to the contrary in any wise notwithstanding.

Trustees to satisfy Debts out of the Toll
And be it further enacted by the authority aforesaid that it shall and may be lawful to and for the said Trustees so appointed, or to be appointed, as aforesaid, or any five or more of them, out of the tolls and duties hereby granted, or out of the money to be advanced or borrowed upon the credit of this Act, to pay all such debts and sums of money, as shall remain due to any person or persons, either for money lent upon credit of the said Act of the fifth year of the reign of her late Majesty Queen Anne, or for any stones, gravel sand, or materials, delivered or taken pursuant to the same Act or otherwise, on account or by reason thereof.

Former receiver and co. accountable to Trustees
And it is hereby further enacted and declared, that the receivers and collectors appointed to receive the tolls and duties granted by the said recited Act, shall be accountable to the Trustees hereby appointed, or any five or more of them, for such of the said Tolls and duties as they have received, or shall receive by virtue of the said Act, and which shall remain unaccounted for by them at the time of the Commencement of the Act; and shall and are hereby required to pay over the money, which shall upon such account appear to be in their respective hands, to the said Trustee, or any five or more of them, or to such person or persons as they shall authorise and appoint to receive the same, to be applied for such purposes as the tolls and duties hereby granted are hereby directed to be applied: And in case such receivers or collectors shall, upon request by the said Trustees, or any five or more of them, neglect or refuse to account and pay over the monies in their hands, as aforesaid, he or they so neglecting or refusing shall be liable to such pains, penalties and forfeitures as any receiver or collector appointed for this Act, is hereby made liable so, in case of not accounting for the money by him received.

Money advanced by receivers and co, how to be satisfied
Provided nevertheless, and it is further enacted and declared, that the said receivers and collectors shall have allowances in their respective accounts, for such sums of money as they have paid or shall pay before the commencement of this Act, to the present Lord of the Manor of Battlesden. In pursuance of the said recited Act; and that all and every sum and sums of money received by the said Lord, or that are or shall grow due or payable to him by virtue of the same Act, shall and may be received and held by him for the purposes in the said Act expressed, but subject to such account to be given thereof, as is herein before directed to be given by him for the tolls and duties payable to him for the last year of the term hereby granted; and the said Lord of the said Manor, and the said collectors and receivers are hereby indemnified for and in respect of such collection, payment and receipt.

Justices of the Peace may appoint persons to survey the works
And be it further enacted by the authority aforesaid, that it shall and may be lawful to and for the justices of the Peace, at any of their respective General Quarter Sessions to be holden for the respective counties aforesaid yearly and every year after the said twenty fourth day of June, one thousand seven hundred and twenty eight, if they think fit, to appoint one or more fit person or persons of the counties aforesaid, to survey or view the said ruinous roads by this Act directed to be amended, in each of their respective counties, and to enquire of and concerning the tolls and duties taken and received in pursuance of this Act; and in case such person or persons so appointed shall find any misapplication of the money collected or levied by this Act, or any other abuses of the powers and authorities hereby given, such person or persons shall thereupon certify the same to the Justices of the Peace, at their General Quarter Sessions to be held for the said counties respectively, who are hereby authorised, impowered, and required to hear, examine, and finally determine the same, without further or other appeal; and all such sum and sums of money, or other satisfaction, as the said Justices, at their Quarter Sessions to be holden as aforesaid, shall thereupon think fit to order or direct to be paid or given, shall, by the person or persons making such misapplication, or committing any such abuses, be paid to the treasurer of the said turnpike or turnpikes for the time being, or make good such satisfaction given, within ten days after such determination;

Who are to certify to them all misapplications
And in default thereof, it shall be lawful for the said Justices, at their next ensuing General Quarter Sessions, from time to time, after such determination, by warrant to levy the same by distress and sale of the offenders goods, returning the overplus (if any shall happen to be) after deduction of all costs and charges thereupon, to the person or persons so neglecting to make such payment or satisfaction; and for want of sufficient goods to be found for that purpose, to commit the person or persons so offending to the common goal of the county where such offence shall be committed, there to remain without bail or mainprize till payment and satisfaction shall be made, as aforesaid, or for so long time, not exceeding twelve months, as the said Justices shall adjudge.

On death or removal, Trustees may elect others
And be it further enacted by the authority aforesaid, that for the continuing a sufficient number of fit and able persons to be Trustees for putting in execution all and every powers and clauses in this Act contained, for and during the continuance thereof, it shall and may be lawful to and for the said Trustees, or any seven or more of them, upon the death of any of the said Trustees, or upon any of their removal, or refusing to act in the said trust, by any writing or writings under their hands and seals, from time to time, and at all times hereafter, during the term aforesaid, to elect, nominate, and appoint, in the room of such Trustee or Trustees so deceased, removed, or refusing to act, a fit and able person, or so many more fit and able persons, living in the said Counties of Bedford or Bucks, to be joined with the said Trustees in the execution of all and every of the powers and trusts in them reposed by virtue of this Act, giving publick notice in writing, to be fixed up at the respective gates or turnpikes in such county where such election shall be made, at least ten days before such election, and all and every person and persons, so to be chosen to join in putting in execution this Act, shall and may, and they are hereby impowered to act, to all intents and purposes, in as full, large and ample manner, as the said Trustees are by this Act impowered to act and do, and so to act and do from time to time s often as occasion shall be or require.

First meeting to be at the George in Woburn
And be it further enacted by the authority aforesaid, that the Trustees appointed to put this Act into execution, or any five or more of them, shall meet together at the sign of the George in the town of Woburn, in the said county of Bedford, on or before the said twenty fourth day of June, one thousand seven hundred and twenty eight, and shall then adjourn themselves, and afterwards meet there, or at any other place or places within the said counties of Bedford or Bucks, near to the said roads so to be repaired as aforesaid, as the said Trustees, or any five or more of them, shall from time to time think proper and convenient, as often as it shall be necessary for the putting this Act in execution: And if it shall happen there shall not appear at any meeting, which shall be appointed to be had or held by the said Trustees, a sufficient number of Trustees to act at such meeting, and to adjourn to any other day, then, and in such case, the Clerk to the said Trustees, by notice in writing to be affixed at or on the respective gates or turnpikes, to be erected by virtue of this Act, at least ten days before the next meeting, shall appoint the said Trustees to meet at the house where the meeting of the said trustees was last appointed to be held, or at some other convenient house near the roads hereby directed to be repaired, within the said counties of Bedford or Bucks, on that day three weeks upon which such last meeting of the said Trustees was appointed to have been held; and that the said Trustees at their first meeting, and at all their subsequent meetings, shall defray their own charges and expences.

Trustees to accept of no place of profit relating to the toll
Provided always, and be it further enacted that no person or persons appointed or to be appointed by this Act a Trustee or Trustees for putting this Act in execution, shall have or accept of any place of profit arising out of or by reason of the tolls or duties by this Act laid or granted; but such person or persons shall be incapable from the time of accepting of such place of profit, of acting as a Trustee or Trustees, under or by virtue of this Act.

Actions to be laid in Comn. Bedford or Bucks
And be it further enacted by the authority aforesaid, that all actions, suits, informations, or prosecutions against any person or persons for any matter or thing, which he or they shall do to cause to be done in pursuance and execution of all or any of the powers, authorities, orders or directions of this present Act or in relation to the premises, shall be commenced within six months next after the fact committed and not afterwards, and shall be laid and brought in such of the said counties of Bedford and Bucks respectively, where the cause of action did arise; and the defendant and defendants in such action or suit to be brought shall and may plead the General Issue, Not Guilty, and give this Act and the Special Matter in Evidence at any trial to be had thereupon, and that the same was done in pursuance, and by the authority of this Act; and if the same shall appear to have been done, or if any such action or actions shall be brought after the time before limited for bringing the same, or shall be brought in any other county or place, then and in such case, the Jury shall find for the defendant or defendants; and if the plaintiff or plaintiffs shall become nonsuited or suffer a discontinuance of his, her or their action or actions, or if a verdict shall pass against the plaintiff or plaintiffs, or if upon Demurrer Judgement shall be given against the plaintiff or plaintiffs, then, and in such or any of the said cases, the defendant or defendants shall and my have treble costs, and shall have such and the like remedy for the same, as any defendant or defendants hath or have for costs of suit in any other cases by law.

Publick Act
And be it further enacted, that this Act shall be deemed, taken, and allowed to be a Publick Act, and all Judges, Justices and other persons whatsoever, are hereby required to take notice thereof as such, without specially pleading the same.
FINIS

Anno Regni
Georgii II
Regis
Magna Britannia, Francia & Hibernia
Decimo Sexto

At the Parliament Began and Holden at Westminster, the first day of December Anno Dom 1741, in the Fifteenth year of the reign of our Sovereign Lord George II. By the Grace of God, of Great Britain, France and Ireland, King, Defender of the Faith, &c.

And from thence continued by several Prorogations to the sixteenth Day of November 1742, being the Second Session of this present Parliament.

London
Printed by Thomas Baskett and Robert Baskett, Printers to the King’s most Excellent Majesty, 1742.

Anno decimo sexto
Georgii II. Regis

An Act for the enlarging the Term and Powers granted by an Act passed in the first year of the reign of his present Majesty for the more effectual amending the highway between Hockliffe and Woburn in the County of Bedford; and for repairing the road leading through Woburn to Tickford Bridge in Newport Pagnel in the County of Bucks.

Preamble, reciting the Act I Geor II.
Whereas by an Act of Parliament passed in the first year of the reign of his present Majesty intitled, An Act for the more effectual amending the highway between Hockliffe and Woburn in the County of Bedford; and for repairing the road leading through Woburn to Tickford Bridge in Newport Pagnel in the County of Bucks, several tolls and duties were granted and made payable, and divers powers and authorities given for repairing the said roads (being twelve miles and upwards in length) and for putting the said Act in execution; which said Act was to have continuance only for the term of one and twenty years from and after twenty fourth day of June, one thousand seven hundred and twenty eight: and whereas the trustees nominated and appointed in and by virtue of the said Act have in pursuance of the power thereby to them given, borrowed a considerable sum of money upon credit of the said Act, which, together with the tolls collected and received, hath been duly applied, according to the Directions of the said Act, and great progress hath been made in amending the said roads; but the same cannot be effectually kept amended and repaired, and the money borrowed by the trustees for repairing the said roads be repaid, unless the terms and powers by the before mentioned ct granted and given, be continued and enlarged, and the said Act made more effectual: To the end therefore that the said Roads may be kept in sufficient repair, and that the money due and owing on the credit of the said former Act be repaid; may it please your Majesty that it may be enacted; and be it enacted by the King’s most excellent Majesty, by and with the Advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same.

Trustees empowered to put this and the said former Act in execution.
That the Trustees appointed or elected, or to be appointed or elected, by and under the power of the said former Act, shall, from and after the passing of his present Act, be, and are hereby appointed Trustees for putting this present Act into execution

The Former Act further continued by this for 21 years
And that the before mentioned Act and all and every the Authorities, Powers, Penalties, forfeitures, and clauses therein contained (except such clauses, matters and things as are hereby altered or varied) shall be and continue in full force, and be executed, from and after the expiration of the term by the said Act granted, for and during the further term of one and twenty years, and from thence to the end of the next session of Parliament, in as full and ample manner, as if the before mentioned Act were again repeated and re-enacted in the body of this present Act, for the purposes therein and herein mentioned;

Tolls to cease if the Roads are adjudged to be well repaired sooner
but if at any time before the expiration of the said additional term of one and twenty years hereby granted, all the said roads shall be sufficiently amended and repaired, and so adjudged by the Justices of the Peace for the said Counties for the said counties of Bedford and Bucks, assembled at their respective Quarter sessions to be holden for the said counties respectively, that then, from and after such adjudication made, and repayment of all such money as shall be due and owing upon the credit of the said former and this present Act, together with interest for the same, the several tolls and duties thereby granted, and hereby continued and made payable, shall cease and determine; anything herein contained to the contrary notwithstanding.

Tolls may be assigned for money borrowed
And be it further enacted by the authority aforesaid, that from and after the twenty fourth day of June, one thousand seven hundred and forty three, it shall and may be lawful to and for the Trustees appointed, or to be appointed, to put the said former and this present Act into execution, or any seven or more of them, from time to time, during the term or terms by the said former Act granted, and hereby continued, by any writing or instrument under their hands, (without any stamp thereupon) to borrow or raise any sum or sums of money, at lawful of less interest, on the credit of the tolls by the said former and this present Act granted and continued, in such manner, and by such ways and means as shall appear to them the said Trustees, or any seven or more of them, most proper and convenient for the paying off the money already owing on the credit of the said former Act, and assigning the present securities for the same, or making such other securities as they shall think proper, for the effectual carrying on the repairs of the said roads, and completing the same: So that the sum or sums borrowed and owing at one time, on the credit of the said former and this present Act, do not together exceed in the whole, the sum of two thousand five hundred pounds, which said sum and sums of money so to be borrowed, and all such sum and sums raised and collected, or to be raised and collected, in pursuance or by virtue of the said former and this present Act, shall (after the charges and expences of passing this present Act)  be applied and disposed of, either in discharging such sum and sums of money as is, are, or shall be due and owing on the credit of the said former or this present Act, together with the interest due and to grow due for the same, or for or towards amending the said roads directed to be repaired by the said former and this present Act, and to and for such other purposes as are therein and herein mentioned and expressed.

Property of Turnpikes vested in Trustees
And be it further enacted and declared by the authority aforesaid, that from and after the said twenty fourth day of June one thousand seven hundred and forty three, the right, interest, and property of all and every the turnpikes erected, or to be erected by virtue of the said former or this present Act, shall be vested in the said trustees appointed, or to be appointed, to put the said Acts in execution; and they, or any five or more of them, at their publick meeting assembled, are hereby authorised and impowered to dispose thereof, as shall think proper, and bring actions, and prefer Bills of Indictment against any person or persons who shall steal, take away, break down, or spoil the same.

Roads to be admeasured and milestones erected
And whereas it may be of great Service to have the roads aforesaid measured, and divided into equal proportions, by stones or posts erected in or near the said roads, at the distance of each mile, or other distances: be it enacted and declared by the authority aforesaid that the said Trustees appointed, or to be appointed, to put the said former and this present Act in execution, or any five or more of them, at any publick meeting to be had after the passing of this Act, shall and may order and direct the said roads to be exactly measured and stones or posts to be erected and set up near the side of the said roads, and thereupon denote the distance of each mile, or such other distances as they shall judge convenient.

Justices of the Peace to put this Act in execution, although Trustees
Provided always and be it further enacted by the authority aforesaid, that it shall and may be lawful to and for any or either of the said Trustee or Trustees, who is, are, or shall be in the Commission of the Peace for the Counties of Bedford or Bucks to act as a Justice or Justices of the Peace in all cases, matters, and things that may be necessary for the more speedy and effectually putting into execution the several Authorities and powers in the said former and this present Act mentioned and contained.

Charges of passing this Act, first to be paid
And be it further enacted by the authority aforesaid, that all costs and charges expended in, about, or by reason, of passing this present Act of Parliament, and all money due upon the credit of the said former Act, or owing for any materials delivered or taken pursuant thereto, or otherwise due on account or by reason thereof, or which hereafter shall become due, shall (as soon as may be after the passing of this present Act) be paid out of the monies collected or to be collected, or borrowed by virtue of the said former or this present Act.

Publick Act
And be it enacted by the authority aforesaid, that this Act shall be deemed, adjudged, and taken to be a publick Act, and shall be judicially taken notice of as such by all Judges, Justices, and other persons whatsoever, without specially pleading the same.

FINIS


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