Highways Act 1695

II. Recital of 22 Car. II. c. 12. §7. and that the said Act has been evaded.

Number of Horses allowed to Carriages as herein described, (Exception); Penalty 40s.; If not paid in Three Days after Distress, Proceedings.

And whereas by a Statute made in the Two and twentieth Yeare of King Charles the Second intituled An additional Act for the better repairing of High-ways and Bridges Itt is enacted That no Waggon Wayn Cart or Carriage (except as therein excepted) shall att any time travel or be drawn or goe in any Co[m]mon or Publick High-way or Road with above Five Horse Beasts att length and if any shall draw with a greater Number of Horses or Oxen they shall all draw in Paires And whereas to avoid the Intention of the said Act the Waggoners have fixt an Iron or Shaft on the side of the Wagggon whereby none of the Horses goe in a line with the Wheels and those which draw on the side make the Rut deeper and thereby the more impaire the Highways For Remedy whereof be it enacted by the Authority aforesaid That from and after the First day of August which shall be in the Yeare of our Lord One thousand six hundred ninety and six no Travelling Waggon Wayn Cart or Carriage wherein any Burthens Goods or Wares are or shall be carried or drawne for Hire (other than such Waggon Cart or Carriages as are imployed in or about Husbandry or manuring of Lands and in the carrying of Hay Straw Corne unthresht Coal Chalk Timber Materials for Building Stones of all sorts or such Am[m]unition or Artillery or shall be for His Majesties Service) shall att any one time travel or be drawne or goe in any co[m]mon or publick Highway with above Eight Horses and not with above Eight Oxen and One Horse or Six Oxen and Two Horses or Two Oxen and Six Horses or Foure Oxen and Foure Horses Which said Horses or Horses and Oxen shall draw in Pairs with a Pole between the X1 Wheel-Horses or in double Shafts and the other Horses to draw in a Line with the Wheel-Horses or Oxen in the same manner as they usually draw in Coaches upon paine that every Owner of such Waggon Wayne Cart Carriage Horse or Oxen shall forfeit for every such Offence the su[m]m of Forty Shillings Two Third Parts whereof shall bee to the Use of the Highways and the other Third Part to the Informer to bee levied by Distresse of any one of the said Horses or Oxen by the Constable Tythingman Headborough Surveyor of the Highways or Overseer of the Poor of the Parish or Place where the said Offence is or shall be co[m]mitted or any of them And in case the Penalty bee not paid within Three Days after such Distresse that then it shall and may be lawfull for the Person so distrayning to sell the same restoring the Overplus to the Owner thereof the Charges of distrayning selling and keeping being first deducted Any thing in this or any other Law to the contrary in any wise notwithstanding.

Editorial Information

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