Whereas the several Highways and Roads; leading from the Town and Borough of Tewkesbury in the said County of Gloucesfer, to a Place called Coscomb Gate, on the Top of Stanway Hill in the Parish of Stanway in the said County of Gtoucester, in the great Road to London, being Ten Miles or thereabouts; and to a Place called the Hands at Combs Hill, in the Parish of EImestone Hardwick in the said County of Gloucester, in the Highway leading to Gloucester, called :the Upper Way, being Four Miles or thereabouts, and to a Place called Wainloads Bridge, in the Highway leading to Gloucesler, called the Lower Way, being Four Miles or thereabouts, and to the Parish of Swindon, in the Highway to Cheltenham in the said County of Gloucester, being Five Miles or thereabouts; by reason of the Deepness of the Soil of the said respective Roads, and the heavy Carriages passing through the said Roads, are become ruinous and almost impassable, and cannot, by the ordinary Course appointed by the Laws and Statutes of this Realm, be effectually Repaired and Amended. Wherefore and to the End of several Highways and Roads aforesaid, may with convenient Speed be effectually Amended and hereafter kept in good and sufficient Repair; so that all Persons may travel through the same with Safety;

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; That, for the better Surveying, Ordering, Amending, Enlarging, Repairing and keeping in Repair, the Highways and Roads aforesaid, it shall be in the Power of the Right Honourable Thomas Lord Viscount Tracy in the Kingdom of Ireland, the Right Honourable Thomas Lord Viscount Gage in the Kingdom of Ireland, the Honourable Henry Berkley, the Honourable George Carpenter, Esqs, Sir Richard Cox, Sir John Guise, Sir John Dutton, Sir John Rushout, Baronets; Kinard Delabere, John Snell, Charles Hyett, Benjamin Bathurst, George Reade, Thomas Masters, John Tracey of Stanaway, Richard Tracey, William Higford, Edward Popham, William Surman, Ambrose Baldwin, William Bromley, William Baggott, Christopher Capell, James Higford, John Bruges, Edward Michell, John Parsons, Wiliam Rogers, John Prinn, William Chapman, Benjamin Collett, Fleetwood Dormer, Reginald Bray, John Howe, Richard Dowdeswell, William Dowdeswell, Daniel Kemble, William Lane of Apperley, Earnly Washborn, Edmond Lechmere, Thomas Coote, Francis Dowdeswell, Charles Parsons, Esquires; Thomas Norwood, Francis Wells, Lionel Kirkham, Henry Izard, James Uvedale, John Badger, Charles Badger, Clerks; Thomas Kemble, Doctor George Peyton, Nathaniel Jeynes, John Laight, Thomas Mann, William Mann, John Dark, Robert Gale, Giles Cox, Tobias Sturmey, John Cox, Nicholas Smithsend, Jamen Reade, George Taylor, William WiIson, Thomas Hayward, George Moore, John Hawlin, Thomas Kemmett, Ambrose Pittman, and Jobn Martin, Gentlemen; the Bailiffs, Recorder, Town-Clerk, and Chamberlain of the Borough of Tewkesbury for the Time being; who are hereby nominated and appointed Trustees, for putting this Act in Execution, and the Survivors of them, and that they, or any nine or more of them, or such Person or Persons, as they or any nine or more of them, shall authorize and appoint, shall and may erect, or cause to be erected a Gate or Gates, Turnpike or Turnpikes, in or cross any Part or Parts of the said, Highways, Roads or Streets, or on the Side of the said Highways, Roads or Streets, in or across any Lane or Way, leading out of the said Highways, Roads or Streets, and shall there receive and take the Tolls and Duties following, before any Coach, Berlin, Chariot, Chaise, Chair or Calash, Waggon, Wain, Carr, Cart or other Carriage, Horse or Cattle whatsoever, shall be permitted to pass through the same, viz. For every Coach, Berlin, Chariot, Chaise, Chair or Calash, drawn by two Horses or more, the Sum of One Shilling, For every Chaise, drawn by one Horse, the Sum. of Six pence, for every Waggon, Wain, Carr, Cart or Carriage, drawn by two or more Horses or Oxen, the Sum of One Shilling, for every Wain, Carr, or Carriage drawn by one Horse, the Sum of Six-pence; for every Horse, Ass or Mule laden or unladen and not drawing, the Sum , of One Penny; for every Drove of Oxen, Cows or neat Cattle, the Sum of Ten pence per Score, and so in proportion for any greater or lesser Number; for every Drove of Calves, Hogs, Sheep or Lambs, the Sum of Five pence per Score, and so in proportion for any greater or lesser Numbers; which said respective Sum and Sums of Money, shalI be demanded and taken in the Name of, or as a Toll or Duty, and the Money so to be raised, is, and by Virtue of this Act, shall be vested in the said Trustees, and rhe same and every Part thereof shall be paid, applied, disposed of or assigned to and for the several Uses; Intents and Purposes, and in such Manner as is hereinafter mentioned and declared (the reasonable Charges expended, or to be expended, in or about, or by reason of passing this Act of Parliament, and the erecting of the several Turnpikes necessary, being first deducted) and they, the said Truftees, or any nine or more of them are hereby impowered by themselves (or any Person or Persons by them, or any nine or more of them, under their Hands and Seals thereunto authorized) to levy a Toll or Duty, hereby granted and required to be paid, upon any such Person or Persons who sahll (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 Toll or Duty is 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 may detain and keep the same, until such Toll or Duty, with the 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 four Days after such Distress made and taken, to sell the Goods so distrained and taken, returning the Overplus (if any there be) upon demand, to the Owner thereof, after such Toll, Duty and reasonable Charges for distraining , keeping and selling the same shall be deducted and paid.

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 Turnpike to be erected in pursuance of this Act , shall knowingly and willingly, permit or suffer any Person or Persons whatsoever, to pass through any Gate, Passage or Way, with any Coach, Chariot, Chaise Chair, Calash, Waggon, Wain, Carr, Cart, Carr Carriage, Horse, Ass, Mule or any Sort of Cattle, and the Person or Persons driving or owning the same, or if any Person or Persons shall take off, or cause to be taken off, any Horse or Horses, from any Coach, Berlin, Chariot, Chaise, Chair, or Calash, or any Horse or Horses, Ox or Oxen, from any Waggon, Wain, Carr, Cart or other Carriage, whereby the Payment of the Toll by this Act granted, is, or shall be avoided or lessened, every such Person, in either Manner so offending, and being thereof convicted upon the Oath of one or more credible Witness or Witnesses, before any one or more Justice or Justices of the Peace for the said Counties of Gloucester or Worcester, wherein the said Road shall lie (which Oath they are hereby impowered to administer without Fee) shall, for every such Offence, forfeit and pay to the said Trustees, the Sum of Ten Shillings, to be, levied by Distress and Sale of the Offender's Goods, by Warrant under the Hand and Seal, or Hands and Seals of the said Justice or Justices, rendering the Overplus to the Owner.

And be it further Enacted, by the Authority aforesaid, That if any Person or Persons shall at any time, during the Continuance of this present Act, unload, or cause to be unladen, any Grain, or any sort of Goods or Merchandizes, in any Part of the aforementioned Roads, at or before he, she or they shaI! come to any of the Gates or Turnpikes, erected by Virtue of this Act, with an Intent to avoid paying any of the Tolls or Duties hereby imposed, and shall carry, or cause the same to be carried into the said Town or Market of Tewkesbury, or shall put or leave in any House or other Place, any Coach, Berlin, Chariot, Chaise, Chair, Calash, Waggon, Wain, Carr, Cart or Carriage, Horse or other Cattle, liable to pay the said Tolls or Duties, with such Intent as aforesaid, each and every Person so offending in either of the said Cases, shall, for every such Offence, forfeit and pay to the said Trustees hereby appointed, or to their Treasurer for the Time being, the Sum of Ten Shillings, which shall be levied, recovered and disposed of as any other Penalties or Forfeitures are to be levied, recovered and disposed of by Virtue of this Act

And be it Enacted by the Authority aforesaid, That the said Trustees at their first Meeting, or nine 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 Receiver or Receivers, Collector or Collectors of. such Money, in the Name of such Toll or Duty, as shall be due and payable by Virtue of this Act, and also one or more fit Person or Persons. Surveyor or Surveyors, to see the condition of the said Roads, and to see that the same Repaired and Amended, and that the Money raised and expended by Virtue of this Act be duly applied and; and also such other Officer of Officers, for the better Management and Ordening of the said Duty and Toll, or any thing relating thereto, as they the said Commissioners or Trustees, or any nine or more of them shall think fit, and such Person and Persons as is, or are by this Act liable to pay the said Toll or Duty, is, and are hereby required to pay the same, after the Rate aforesaid, to the said Receiver or Receivers, Collector or Collectors of the said Toll or Duty in that behalf, shall from Time to Time appointed as aforesaid, for the receiving of the said Toll or Duty; and that Receivers or Collectors, shall upon Oath (if thereunto required by the said Trustees or any nine 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 Jutlice or Justices is, and are hereby impowered and required to adiminister on the first Wednesday in every Month, or oftener, if required, during the Continuance of this present Act, from Time to Time give in a true, exact 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 disbursed 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 hands, or either of their Hands, the same shall be paid to the said Trustees, or any nine or more of them, or to such Person or Persons as they or any nine or more of them shall, by any Writing or Writings, under their Hands and Seals Authorize and impower to receeive the same, which shall be disbursed and paid out in Repairing and Amending the said Highways or Roads, according to the true meaning of this Act and not otherwise; and the said Trustees, or any nine or more of them, to whom such Account shall be given, shall and may, out of the Monies arising by the said Toll or Duty, make such Allowance unto the said Receiver and Receivers, Collector and Collectors, and the Surveyor or Surveyors or other Officer or Officers, for and in consideration of his and their Care and Pains, respectively taken in Execution of his and their said respective Office and Offices and to such other Person and Persons who have been, or shall be assisting in and about procuring the said Highways and Roads to be Amended and Repaired as aforesaid, or by advancing or paying out any Monies or otherwise relating thereunto, as to them shall seem good; and in case the said Receiver or Receivers, Collector or Collectors of the aforesaid Toll or Duty so to be paid as aforesaid, or any of them, shall not make such Account and Payment unto such Person and Persons, according to the Order and Directions of the said Trustees, or any nine or more of them, that then the said Justices, at any special Sessions or monthly Meeting of them, to be holden for any Division in which the said Highways and Roads do lie, in the said County of Gloucester, shall make Enquiry of or concerning such Default, as well by Concession of the said Parties themselves, as by Testimony of one or more credible Witness or Witnesses upon Oath (which Oath they are hereby impowered, and required to administer without Fee or Reward) and if any Person or Persons shall be thereof convicted by such Justices (who are thereunto hereby impowered,) the said Justices shall upon such Conviction, commit the Party or Parties to the Common Gaol of the said County of Gloucester, there to remain without Bail or Mainprize, until he and they shall have made a true and perfect Account and Payment as aforeaid.

And be it further Enacted, by the Authority aforesaid, That it shall and may be lawful for, the said Surveyor and Surveyors, and such Person and Persons as he and they shall appoint, to dig, gather, take, and carry away any Gravel, Furze, Heath, Sand, Stones, or other Materials out of any Waste or Common of any Parish, Town, Village or Hamlet, in or near which any deep founderous or ruinous Places of the said Highways or Roads do lie, and for Want of' Sufficient Gravel, Furze, Heath, Sand, Stones or other Materials, then to dig, gather, take, and carry away the same out of the Waste or Common of any neighbouring Parish, Town, Village or Hamlet at all sesonable Times in the Year, without paying any Thing for the same, and where there is not suff'cient of such Materials in any Common or waste Ground near adjoining, it shall and may be lawful for them, by Order of the Trustees, or any nine or more of them, to dig, and gather the same in the several Grounds of any Person or Persons (not being a House, Garden, Orchard, Yard, or Meadow, planted Walk or Walks, or Avenue to a House) where any such Materials are or may be found; and from Time to Time, to carry away such, and so much thereof as the said Surveyor or Surveyors, in their respective Places, shall adjudge necessary for the Repairing and Amending the said Highways and Roads, (paying such Rate, for such Materials, to the Owner or Occupier of the Ground, from whence same shall be digged, gathered, and carried away, as the said Trustees appointed, or to be appointed, to put this Act in Execution, or any nine or more of them shall judge reasonable; and in Case of any Differences concerning the same, between such Owner or Occupier and the said Tiustees, touching the Damages aforesaid, the Justices of the Peace, at the next General Quarter Sessions to be holden in the County where such Materials shall be digged, gathered, or carried away, shall and may adjudge assess, and settle the same.

And be it further Enacted, by the Authority aforsaid, That it shall and may be lawful to and for the Surveyor or Surveyors, and such Person or Persons as they shall appoint from Time to Time, to remove and prevent Annoyances, on any Part of the said Highways or Roads hereby intended to be repaired, by Filth, Dung, Ashes, or Rubbish, Water-Courses, Sinks or Drains running into the said Highways and Roads, or otherwise, and if, after Removal of any the said Annoyances, any Person or Persons shall again offend in the like Kind, every such Person so offending, and being thereof convicted upon Oath before one or more Justlices of the Peace for the said Counties of Gloucester or Worcester, wherein such Annoyances shall happen, which Oath the said Justice or Justices are hereby impowered to administer, without Fee or Reward, shall, for every such Offence, forfeit and pay unto the said Trustees, the Sum of Twenty Shillings, to be levied and recovered in Manner aforesaid.

And be it further Enacted, by the Authority aforesaid, That it shall and may be lawful to and for the said Trustees, or the said Surveyor or Surveyors, by Order of the said Trustees, or any nine 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, and also to widen any of the narrow Parts of the said Highways and Roads, by opening, clearing, and laying into the said Highways and Roads any Grounds of any Person or Persons contiguous to such Highways or Roads (not being a House, Garden, Orchards, planted Walk, or Avenue to a House,) and to cut down Trees for that Purpose, and also to cause Ditches or Trenches to be made, in such Manner as such Surveyor and Surveyors, by Order of the Trustees, or any nine or more of them, in their respective Places, shall adjudge necessary for the better Amending and Keeping the said Highways and 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 Highways and Roads, or through which any such Drain or Drains shall be cut; or on which such Arch or Arches shall be made, for the Damages which he shall or may sustain, as shall be agreed on by the said Owner and Proprietor, and the said Trustees, or any nine or more of them, who are hereby impowered to contract and agree for all Damages which may be occasioned to such Owner or Proprietor: And in Case the said Trustees, and the said Owner or Owners cannot agree on the Satisfaction to be made, the same shall be assessed and adjudged at the Desire of either of the said Parties, by the Justces of the Peace, or the major Part of them, at the next General Quarter Sessions to be Holden for the said Counties of Gloucester or Worcester, in which such Ground shall be so laid into the said Highways and Roads, or through which any such Drain or Drains or Ditches shall be cut or made, or on which any such Bridge or Bridges shall be.erected or made, or such Causeways made, whose Order therein shall be final and conclusive to all Parties.

And be it further Enacted, That the Ground or Grounds to be taken in as aforesaid shall, to all intents and Purposes whatsoever, be esteemed and taken as a publick Highway, not onl during the Continuance of this Act, but for ever after, and shall be repaired and kept in Repair by such Ways and Methods and in all Respects, in such Manner as other Highways are by Law, to be Repaired and kept in Repair.

Provided always, That no Person or Persons shall sit or act as a Commissioner or Trustee or Trustees in any Case were he or tbey is or may be interested, either in settling the Value or Price of any Ground of his own or his Tenants, or any Damage done to himself or Tenants, by Virtue of this Act.

And be it further Enacted by the Authority aforesaid, That the Surveyor or Surveyors may give Notice to the Owner or proprietor of the Lands adjoining to the said Highways and Roads Intended to be repaired,or cut down Trees or Hedges, and to cleanse and make the Ditches four foot wide at least, and to make the Water-Courses sufficient to carry the Water out of the said Highways and Roads: and if any Owner or Owners of any Water-Courses, Ditch or Ditches adjoining to the said Highways and Roads, shall neglect or refuse to scour and clean such Water-Courses, and to make such Ditches in such Manner as aforesaid, or as the Surveyor or Surveyors shall adjudge proper and convenient, after ten Days Notice shall be given for that Purpose (by any such Surveyor or Surveyors, to be appointed, 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 or for the said Surveyor or Surveyors to let any Man or Men at Work, to scour, cleanse, and make the same, and by Warrant from any nine 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 such Water-Course, Ditch or Ditches, by Distress and Sale of his, her, or their Goods and Chattles, rendering the Overplus (if any be) to the said Owner or Occupier, afier all Charges paid.

And forasmuch as the Moneys so to be collected by the Receipt of the said Toll hereby granted, will not at present be sufficient for the speedy Repairing of the said Highways and Roads, Be it further Enacted, That the said Trustees, or any fifteen or more of them, shall and may, and are hereby impowered, from Time to Time, by Writing under their Hands and Seals, to assign over the said Toll or Duty hereby granted, or any Part thereof (the Costs and Charges whereof to borne and paid out of such Toll and Duty for the Time or Term for which the same is hereby granted and made payable, 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 Interest, after the Rate of Five Pounds per Centum per Annum, or other lawful Interest, which said Money so borrowed shall be so applied and disposed of as the said Toll or Duty should have been applied or disposed of by this Act, and to no other Uses. or Purpose whatsover.

Provided always, That in Case there should be more than one Gate or Turnpike in cross, or on the Side of the said Highways, Roads or Streets, no Person or Persons having paid the Toll or Duty aforesaid, at any Gate or Turnpike through which any such 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 is and are hereby required to give gratis, shall be liable to pay any Toll or Duty at any other of the said Gates or Turnpikes upon the said Highways, Roads, or Streets, 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 and no Person or Persons having Occasion to pass the Place or Places where the Toll or Duty is taken, and shall return the same Day before twelve of the Clock at Night, with the same Horse, Ass, Mule, Cattle, Coach, Berlin, Chariot, Chair; Chaise, Waggon, Wain, Carr, Cart or other Carriage, shall be liable or compelled the same Day to pay the said Toll or Duty more than once, other than and except where a Waggon or Cart shall pass the same Turnpike twice in one Day, loaden with different Goods or Loading.

And for preventing Frauds and Abuses in the said Toll or Duty, Be it Enacted by the Authority aforesaid, That if any Person or Persons having paid the Toll or Duty by this Act granted or made payable; and having such Note or Ticker, Notes or Tickets, as is or are hereby directed, shalI give or dispose of the same to any Person or Persons, in order to avoid the Payment of the said Toll or Duty, every such Person giving, disposing, or offering such Note of Ticket, Notes or Tickets, and every such Person accepting thereof, and being thereof convicted Upon Oath before any one or more Justice or Justices of the Peace for the said Counties of Gloucester and Worcesrer, which Oath such Justice or Justices are hereby empowered and directed to administer without Fee or Reward, shall each of them forfeit and pay the Sum of Ten Shillings, to be levied, recovered and disposed of as any other Penalties or Forfeitures are directed to be levied, recovered and disposed of by this Act.

Provided also, and it is hereby Declared, That no Person shall be charged with any of the Toll or Duties aforesaid, who shaIl pass through any of the Turnpikes to be erected by this Act, who shall carry any Quantity of Stones, Gravel, or other Materials for Repairing the said Roads, or any of the Roads in the Parish in which the same do lie, or in any of the neighbouring Parishes, or for carrying through the said Turnpike any Dung, Mould, or Compost of any Nature, or Kind whatsoever, for Manuring of Gardens or Land, or Materials for Building within the same Parish; nor shall any Person or Persons be chargeable with the said Toll or Duty for any Carts or Waggons carrying any Hay, or Corn in the Straw, to be laid up in the Houses or Barns of the respective Inhabitants of the several Parishes, Liberties, Divisions and Appendences in which the said Highways and Roads hereby intended to be repaired lie; nor for any Plows, Harrows or other Implements of Husbandry, in order to the Using or Repairing the same, or any other Things whatsoever employed in Husbandry for Manuring of Land, in the said several Parishes, in which the said Highways and Roads hereby intended to be repaired do lie; nor shall any Toll or Duty be demanded or taken at any Turnpike or Turnpikes, or any Horse or Cattle going to or from Water, or to or from any Pasture, or in order to be aired in the said Parish or Parishes, or for any Post-Horse carrying the Mail, or Packet; nor shall any Toll or Duty be demanded or taken for the Horses of any Soldiers passing that are upon their March, or for Carts, Carriages or Waggons attending them, or for Horses, Carts and Waggons travelling with Vagrants, sent by Parishes; nor for any Carrier or Waggoner, or their Servant or Servants, in respect of any Horse, Mare or Gelding they shall ride on, in driving any Waggon or Cart passing through the said Gates or Turnpikes; any Thing contained in this Act to the contrary thereof in any wise notwithstanding.

Provided always, and it is hereby further Enacted, by the Authority aforesaid, That it shall be in the Power of the said Trustees, or any nine or more of them, from Time to Time, as they shall see convenient or think fit, during the Continuance of this Act, at any Meeting, (Notice being first given, by affixing a Paper on each of the Turnpikes Erected or to be Erected by Virtue of this Act, at least ten Days before such Meeting) to compound or agree by the Year with any Person or Persons using to travel through the said Turnpike or Turnpikes, either with Coach, Berlin, Chariot, Chaise, Chair, or Calash, Waggon, Wain, Carr, 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, to the said Receiver or Collector, on the usual Quarter Days in the Year; any Thing in this Act contained to the contrary thereof in any wise notwithstanding.`

Provided also, That all and every Person and Persons, who by Law are chargeable towards the Repairing and Amending the said Highways and Roads hereinbefore mentioned or intended to be Repaired, or any or either of them shall still remain charged and chargeable, and shall still do their respective Works in the several Parishes or Townships in which the said Highways and Roads do severally lie, as before he and they ought to have done.

Provided also, That if any, Lands, Tenements or Hereditaments, or any Rents of profits issuing out of any Lands, Tenements or Hereditamerits, now are, or hereafter sall be liable and chargeable towards the Repairing and Amending the said Highways and Roads hereby intended to be Repaired or any or either of them, such Lands, Tenements and Hereditaments shall still remain liable and chargeable, and the Possessors and Occupiers of such Lands, Tenements and Hereditaments are hereby directed and required to pay such Rents and Profits, to such Person and Persons as the said Trustees, or any nine or more of them shall. appoint to recceive the Tolls and Duties granted by this Act; and upon Default of Payment thereof, it shall and may be lawful to and for the said Trustees, or any nine or more of them, by Warrant under their Hands and Seals, to levy the same by Distress and Sale of the Goods of the Party neglecting or refusing to pay the same, in such Manner as herein before is mentioned, which Rents and Profits when Recovered, shall be applied from Time to Time in Repairing the said Highways and Roads, and to no other Use whatsoever.

And be it further Enacted, That it shall be lawful to and for the said Trustees, or any nine or more of them, from Time to Time, during the Continuance of this Act, at any Meeting (Notice being first given of such Meeting, in such Manner as aforesaid, at least ten Days before such Meeting) to compound or agree with any of the Parishes to which the said Roads and Highways do belong, for a certain Sum of Money, or otherwise by the Year, as the said Trustees, or any nine or more of them shall think reasonable, in lieu of the Statute-Work to be done by such Parish or Parishes as aforesaid.

And for preventing Differences which may arise between the said Trustees and the Surveyors of the Highways for the several Parishes through which the said Highways and Roads do lead, touching what of the Statute-Work in any Part or Division of any Parish ought to be done on the said Roads or the Highways, Be it further Enacted, by the Authority aforesaid, That it shall and may be lawful for any two or more of the Justices of the Peace for the said Counties of Gloucester or Worcester, wherein such Road shall happen, at any Petty Sessions or Special Sessions of the Peace, upon Application made to them by any nine or more of the Trustees, to adjudge and determine what Part or Proportion of the Statute-Work shall be done on the said Roads and Highways, by, and in each or any of the Divisions and Appendences of the said Parish, or any other Parish in which the said Roads or Highways intended to be Repaired do lie.

And for the more effectual enforcing of the Duties or Work to be done for or towards Repairing the said Highways or Roads, by Force of any Law or Statute now in being, Be it further enacted by the Authority aforesaid, That the Surveyor or Surveyors for the Time being, appointed in every Parish and Parishes, Township and Townships, in which the several Roads intended to be Repaired by this Act, or any of them respectively lie, shall yearly and every Year, within six Days after Request made to him or them, by the Surveyor or Surveyors for the Time being appointed or to 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 now in Force, chargeable towards Repairing of the said several Highways, and what he, she or they is, or are, charged or chargeable with, for and towards the same, to the Surveyor or Surveyors appointed or to be appointed by Virtue of this Act; And if any Surveyor, or Surveyors of the said Parishes or Townships respectively, shall neglect or refuse. to deliver such Lists as aforesaid, he, she and they for every Offence, shall forfeit the Sum of Twenty Shillings, and the Surveyor or Surveyors appointed or to be appointed by Virtue of this Act, are impowered to give Notice or appoint the Person or Persons, who are obliged to perform such Work in the several Roads or Ways herein before mentioned, to do and perform their due or Statute Labour, at such Time, and in such Part of the said Roads lying within their respective Parishes or Townships, as he shall think proper; And if any Person or Persons keeping a Team or other Carriage, and chargeable towards the Highways aforesaid, shall neglect or refuse to do and perform their due or Statute Labour in the said Roads and Highways, after such Appointment, and due Notice thereof to them :respectively given by the said Surveyor or Surveyors appointed or to be appointed by Virtue of this Act, he or they shall respectively forfeit and pay the Sum of Ten Shillings, for each of the Days he, she or they shall make Default; And if any Labourer or Person so chargeable towards Repairing the said Highways shall at any Time after such Appointment and Notice as aforesaid to him given; neglect or refuse to perform such his Work, and' to Labour in the said Highways hereby intended to be repaired, he and they respectively shall forfeit and pay the Sum of One Shilling and Six-pence, for each Day he shall so .make Default, such Forfeitures to be levied as hereinafter is mentioned; and if, and in case any of the said Person or Persons, who shall have compounded for their said Statute Labour, shall not within the Space of :Ten Days after the Time wherein the same is agreed to be paid by the Composition or Agreement, well and duly pay such Composition or Agreement, to the Collector or Collectors, appointed or to be appointed, by Virtue of this Act, or to such other Persons whom the said Trustees or any Nine or more of them shall appoint for that Purpose, the same being duly demanded, That then, and in such Case, the said Trustees,or any Nine or more of them, are hereby impowered to levy the same, by distress on the Goods and Chattels of the Persons intituled to pay the same, or the Person or Persons contracting for or on account of any Parish or Township, to be levied and paid in such manner as herein after directed.

And be it enacted, That all Penalties and Forfeitures by this Act imposed or Incurred as aforesaid, the Manner of Levying and Recovery whereof is not hereinbefore particularly directed, shall be levied and recovered, by Distress and Sale of the Offender's Goods and Chattels, by Warrant or Warrants, under the Hands and Seals of any of his Majesty's Justice or Justices of the Peace of the same Division, or in Default thereof, of any neighbouring Justice or Jusices of the Peace, which Warrant or Warrants the said Justices are hereby impowered and required to make; upon the Information of any One or more credible Witness or Witnesses upon Oath, which Oath the said Justice or Justices are hereby impowered and required to adminisler, without Fee or Reward; and the Penalties and Forfeitures when recovered, after rendering the Overplus (if any be) to the Party or Parties whose Goods and Chattels shall be so distrained and sold, the Charge of such Distress and Sale being first deducted, shall go, be applied, and laid out for and towards mending the said Highways hereby intended to be Repaired.

And be it furtber Enacted, by the Authority aforesaid, That the said Toll or Duty hereby granted, shall take Place and have Continuance only from and after the Twenty fourth Day of May, One thousand Seven hundred and Twenty six, for and during the Term of One and Twenty Years.

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 said respective Counties, yearly and every Year after the said Four and twentieth Day of May, One thousand Seven hundred and Twenty six (if they think fit) to appoint One or more fit Person or Persons of the said County of Gloucester, to survey or view the said ruinous Highways and Roads by thisAct directed to be amended, and to enquire of and concerning the Tolls and Duties taken and received in pursuance of this Act; and in case such Person and Persons so appointed, shall find any Misapplication of the Monies colltected or levied by this Act, or any other Abuses of the Power and Authority hereby given, such Person or Persons shall thereupon certify the same to the Justices of the Peace at their General Quarter Sessions to be holden for the said County, who are hereby authorized, impowered and required to hear, examine, and finally determine the same, without further or other Appeal.

And be it further Enacted, by the Authority.aforesaid, That for the continuing of a sufficient Number of fit and able Persons to be Trustees for putting in Execution all and every the Powers and Clauses in this Act contained, for and during the Continuance thereof; it shall and may be lawful, to and for such of them the said Trustees, or any Fifteen or more of them, upon the Death of any of the said Trustees, Removal or refusing to act in the said Trust at any Meeting to be held for that Purpose from Time to Time, and at all Times hereafter during the Term aforesaid by any Writing or Writings. under their Hands and Seals to elect, nominate and appoint In the Room of such Tiustee or Trustees so dying removed or refusing to act, so many more fit and able Person or Persons living in the said Counties of Gloucester or Worcester, to be joined with the said Trustees in Execution of all and every the Powers and Trusts in them reposed by Virtue of this Act. Notice of such Time and Place of meeting for such Election to be given, by affixing such Notice in Writing, Twenty. Days on the Tolsey In Tewkesbury; and all and every Person or Persons so to be chosen, are hereby impowered to act to all Intents and Purposes, in as full and ample Manner as the said Trustees are by this Act impowered to act, and to do, and so toties quoties, as often as Occasion shall be or require.
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And be it further Enacted, by the Authority aforesaid, That the severat Trustees aforesaid, or any Nine or more of them, shall meet together at the Sign of the White Hart at Tewkesbury, in the County of Gloucester, on, or before the Twenty fourth Day of May, One thousand Seven hundred and Twenty six, and thall then adjourn themselves, and afterwards meet there, or at any other Place near the said Highways to be Repaired, as the said Trustees, or any Nine or more of them shall think proper or convenient, as often as it shall be necessary, for the putting this Act in Execution; and if it shall happen that there shall not appear at any Meeting,which shall be appointed to be holden 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 Trustees, by Notice in Writing, to be fixed at the Turnpike Gates to be erected cross the said Roads 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 Truslees was appointed to be held, or at some other convenient House in or near the Road or Roads hereby directed to be Repaired, on that Day Fortnight on 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 subsequent Meetings, shall defray their own Charges and Expenses.

Providing always, and be it further Enacted, That no Person of Persons appointed, or to be appointed by this Act, a Trustee or Trustees for putting this Act into Execution, shall have or accept of any Place of Profit arising out of, or by reason of the Toll or Duty by this Act made or granted; but such Person or Persons shalt be incapable. from the Time of accepting of such Place of Profit, of acting as a Trustee or Trustees.

And to the End that no Disputes may arise, touching what Part of the Highways intended to be Repaired shall be first Amended; Be it Enacted and Declared, by the Authority aforesaid, That the said Trustees, or any Nine or more of them, shall order and direct such Part of the said Highways, as lead from the End of the several Streets of the said Town of Tewkesbury, to be Repaired in the first Place, and so proceed next in Repairing the High Roads leading through the said Parish of Tewkesbury, and the Divisions and Appendences thereunto belonging, and after the said High Roads in the said Parish, Divisions and Appendences, shall be sufficiently Amended, the said Trustees for putting this Act into Execution, or any Nine or more of them, shall, and they are hereby impowered and required to order and direct the Money arising by Virtue of this Act, to be Iaid out and applied in Repairing and Amending the other High Roads, leading from the said High Roads in the Parish of Tewkesbury, and the Divisions and Appendences thereunto belonging, in such Manner as is directed and prescribed by this present Act.

Provided nevertheless; And be it further Enacted, by the Authority aforesaid, That all and every Person or Persons, who shall have Occasion to pass the Ferry, called The Lower Load, near the said Borough of Tewkesbury, with any Horse, Coach, Waggon, Cattle, Cart, or other Carriages whatsoever, to or from the said Borough of Tewkesbury, shall not be charged or chargeable with any the Tolls or Duties hereby to be imposed, but shall pass and repass through any Gates or Turnpikes to be erected by Virtue of this Act, in the lower Way leading from the said Borough of Tewkesbury, to the City of Gloucester, without paying any Thing for the same; any Thing herein contained to the contrary thereof in any wise notwithtfanding.

And Whereas the Road from the Town of Tewkesbury, to Wainload Bridge, (being the lower Way leading towards the said City of Gloucester, and is a Road for single Horses only,) is by this Act directed to be Repaired; which lower Way is, by reason of the frequent Overflowings of the River Severn, very chargeable to the Parishioners of the Parish of Deerburst, wherein the said Road lies, to keep the Banks of the said River in Repair.

Be it tberefore Enacted, by the Authority aforesaid, That all the Inhabitants of the said Parish of Deerhurst, for and during the Time they shall inhabit therein, shall pass and repass, with any Horse, Mare, Gelding, Mule or Ass, laden or unladen, without paying any Thing for the same, at any Gate or Gates, Turnpike or Turnpikes, that shall be erected upon the said lower Road; any Thing herein contained to the contrary notwithilanding.

And be it further Enacted, by the Authority aforesaid, That if any Suit shall be commenced against any Person or Persons, for any Thing done in Pusuance of this present Act, that in every such Case, the Action shall be laid in the said County of Gloucester, and the Defendant or Defendants, in such Action or Actions to be brought, may plead the General Issue, 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 the said Act; and if it shall appear so to be done, or that such Action or Actions shall be brought in any other County, that then the jury shall find for the Defendant or Defendants; and upon such Verdict, or if the Plaintiff shall be Non-suited, or discontinue his Action after the Defendant or Defendants shall have appeared, or if upon Demurrer judgment shall be given against the Plaintiff, the Defendant or Defendants recover Treble Costs, and have the like Remedy for the same, as any Defendant or Defendants hath or have in other Cases by Law.

And be it further Enacted, That this Act shall be deemed, judged and taken to be a Public Act, and be judicially taken Notice of as such, by all Judges, Justices and other Persons whatsoever without specially Pleading the same.