HIGHWAYS, TURNPIKE-continued.

IX. Tolls-continued.

Collector may distrain, iii. 733.

If toll and charges be not paid in four days,
distress may be sold, iii. 733.
Any justice may settle disputes concerning,
iii. 733.

Penalty for evading, iii. 733.

Penalty on unloading, &c. to evade toll, or
obstructing weighing, 57. on owner of
waggon, &c., and not exceeding 40s. on
driver, iii. 734.

Assaulting collector, passing through gate
without paying toll, not exceeding 107.
penalty, iii. 734.

(12). Letting of Farm, and Duties and Power

of Lessee and Collector.

Powers for trustees to let to farm the tolls,
iii. 735.

Notice to be given of letting, iii. 735.
Tolls to be put up at sum produced the pre-
ceding year, iii. 735.

Mode of receiving biddings, iii. 735.

If tolls be not let at such auction, private
tender may be accepted, iii. 736.
Penalty on collectors taking more or less
than authorized toll, 57., iii. 736.
Trustees may bid, iii. 736.

Limiting leases to three years, iii. 736.
Giving credit for tolls, iii. 736.
Tolls may be let in lots, iii. 737.
Trustees may bid at letting, iii. 737.

Tolls of another trust adjoining may be
farmed, iii. 737.

Contracts and agreements to be valid when
signed by trustees, &c., iii. 737.
Where two persons fill office of clerk, both
must join in contract, iii. 738.
Lessees of tolls may appoint persons to re-
ceive same, who shall be subject to like
penalties as collectors appointed by trus-
tees, iii. 738.

Lessees, or persons appointed by them, may
Occupy toll-houses, iii. 738.

Trustees may take possession of toll-house,

&c. when let to farm, or held by collec-
tors, in default of performance of condi-
tions, &c., iii. 738.

Power to vacate leases, iii. 739.

(13). Mortgage of Tolls.

Mortgagee may act as trustee, iii. 739.
Power to borrow money, iii. 739.
Form of mortgage, iii. 739.
Mortgages may be assigned, iii. 740.
Form of assignment, iii. 740.

Trustees may pay any one creditor, to be
determined by lot, iii. 740.

Or any one creditor, by consent of the others,

HIGHWAYS, TURNPIKE-continued.

IX. Tolls-continued.

Action of ejectment may be supported by

one mortgagee, iii. 741.

Mortgages under former acts to remain good,
iii. 742.

Trustees may cancel mortgages and execute
others, iii. 742.

And renew mortgages, &c. lost or mislaid,
iii. 743.

Trustees not personally liable on mortgages,
iii. 743.

Decision upon local act as to action for in-
terest, iii. 743.

Turnpike tolls not within 42nd section of
3 & 4 Will. 4, c. 27, iii. 743.

X. Injuries, Nuisances, and Annoyances, Re-
medies and Punishments for.

(1). Ditches, Drains, &c.

To be made by occupiers of lands for keep-
ing roads dry, iii. 744.

May be turned, iii. 744.

Expenses of repairing in towns to be defray-
ed between trustees and inhabitants, iii.
745.

Account of expense of repairs to be laid be-

fore two justices, who shall proportion
amount to be paid by the parties, iii. 745.
Surveyors may make drains, &c., iii. 745.
(2). Trees and Hedges, &c.

Owners of the adjoining lands to cut the
hedges and trees obstructing the road, iii.
746.

If neglected for ten days, surveyor may com-
plain to a justice, who may order same to
be done on pain of forfeiting 2s. for every
24 ft. in length of the hedge, iii. 746.
May be trimmed at expense of defaulter, iii.
746.

Time of cutting, iii. 746.

(3). Encroachments on Roads.

Persons making encroachments on roads by
reducing breadth or limits thereof, iii. 747.
Or making drains across, or otherwise in-
juring, iii. 747.

Or turning the plough on the ground within
a certain distance of the road, shall forfeit
408., iii. 747.

Encroachments to be removed, iii. 747.
Soil and slips, who owner of, iii. 747.

(4). Laying Rubbish, &c.

Laying rubbish, &c., iii. 747.
Removal of, iii. 747.

Expenses of, iii. 748.

Penalty for a second offence, 57., iii. 748.

(5). Gates and Windmills.

Gates to open inwards, iii. 748.
Otherwise to be removed, iii. 748.
Owner to pay expense of removal, and for-
feit not exceeding 408., iii. 748.

No windmill to be erected within 200 yards
of road, iii. 748.

HIGHWAYS, TURNPIKE-continued.
X. Injuries, Nuisances, Annoyances—con.

(6). Dogs.

Carriers' dogs to be fastened to the car-
riage, iii. 748.

(7). Cattle tethered or straying may be im-
pounded, &c.

Cattle tethered or found straying on, to be
impounded, until payment of a sum stated,
and expenses, iii. 749.

Limiting the extent of penalty, iii. 749.
Right of pasturage not taken away, iii. 749.
Punishing persons guilty of pound-breach,
iii. 749.

(8). Riding or driving, &c. on Footways, iii.
750.

(9). Improper Driving, &c. of Carriages,
Carts, &c., and without Names of
Owners, &c. thereon.

One driver may take charge of two carts, if
drawn only by one horse each, iii. 750.

Not to extend to carts within ten miles of
London, iii. 750.

Children not to drive carts, &c., on penalty
of 108., iii. 750.

Drivers of carts, &c. not to ride thereon,
unless some person on foot guide the
same, iii. 751.

Drivers of any carriage causing hurt or da-
mage to others, or quitting the road, iii. 751.
Or driving carriage without owner's name,
iii. 751.

Or not keeping the left side, iii. 751.
Or interrupting free passage, iii. 751.
Penalty on driver not discovering his name,
iii. 751.

If driver offend against any act, and ab-
scond, master to pay the penalty, iii. 751.
For discovery of offenders, names of owners
to be painted on waggons, &c. in the
manner herein mentioned, iii. 752.
Driving on footpaths, iii. 750, 754.
Leaving carts unguarded, iii. 755.
Using skidpans, iii. 753.

Evasion of tolls, iii. 715, 728, 733.
Various regulations as to driving, drivers,
and owners of carriages, iii. 571.
Enactments as to annoyances from misbe-
haviour of drivers, &c., in and about
London, iii. 573.

(10). Using Railway Carts.

Loaded carts used on railways and tram-roads
not to be drawn on turnpike roads, iii. 753.

(11). Tires of Wheels.

Nails of the tires of wheels to be so counter-
sunk as not to project beyond one quarter
of an inch, iii. 753.

Penalty on using them contrary hereto, iii.
753.

(12). Skidpans to be used.

Directing the using of skidpans or slippers,
iii. 753.

Penalty on driver not using them, iii. 753.

HIGHWAYS, TURNPIKE-continued.
X. Injuries, Nuisances, Annoyances—con.
(13). Destroying Turnpike Gates, &c.
Destroying turnpike gate, toll-house, &c.,
iii. 753.

Destroying other things, iii. 754.
(14). Other Injuries and Annoyances.
Penalty on persons committing nuisances by
riding on footpaths, iii. 754.
Or damaging bridge, &c., iii. 754.
By drawing timber, &c., iii. 754.
By injuring the road, iii. 754.
By slaughtering of cattle, iii. 754.
By obstructing passage, iii. 754.
By encamping on sides of road, iii. 755.
By light of blacksmith's shops, iii. 755.
By making bonfires, iii. 755.

By baiting bulls, playing at foot-ball, or
other games, iii. 755.

By leaving waggon, &c., iii. 755.
By laying timber, &c., iii. 755.
By running of water or filth, iii. 755.
By swine, iii. 755.

By leaving block stones, &c., iii. 755.
Or by damaging lamps, iii. 755.
Wilfully injuring, iii. 755.
Table of tolls, iii. 755.

Posts, &c. by gravel-pit, iii. 755.
Buildings, &c.

Casting rubbish into drains, iii. 756.
Scrapings of road, iii. 756.
Obstructing passengers, iii. 756.
Saw-pits, iii. 756.

Penalty, 408., iii. 756.

XI. Penalty for hindering Execution of Act,
Assaulting Collector, &c., iii. 756.

XII. Apprehension of Transient Offenders,
iii. 756.

XIII. Trustees, &c. may direct Prosecution,
iii. 757.

XIV. Property, in Indictments, &c., to be laid
in Trustees, iii. 757.

XV. Recovery and Application of Penalties.
Justices may proceed by summons in reco-

very of penalties, iii. 757.

No information in writing necessary, iii. 757.
Recovery and application of penalties, ii.
758.

Distress and sale, iii. 758.
Commitment, iii. 758.
Application of penalty, iii. 758.
Damages and charges in dispute to be set-
tled by justices in addition to penalties,
iii. 758.

Penalties, when recoverable by action, &c.,
iii. 759.

Notice of action, iii. 759.
Limitation of, iii. 759.

When recoverable only by conviction, iïï.

759.

HIGHWAYS, TURNPIKE-continued.
XV. Recovery, &c. of Penalties-con.

Irregularity in distresses, &c., iii. 760.
Within six months from offence, iii. 760.
XVI. Actions, Limitation of.-Tender of
Amends, and Costs.

By and against trustees and others, iii. 760.
Evidence and witnesses, iii. 760.

Distress not unlawful ab initio, iii. 760.
Action on the case given, iii. 760.
Tender of amends, iii. 760.

Limitation of actions, iii. 761.

Venue local, iii. 761.

General issue, iii. 761.

Costs, iii. 761.

Costs of trustees, iii. 761.
Notice of action, iii. 762.

XVII. Evidence, Witnesses, and Oaths.
Order and proceedings to be entered in
books, which shall be open for inspection,
iii. 762.

Books to be evidence, iii. 762.

Books of accounts and proceedings, evi-
dence, without proving their contents,
notwithstanding act under which they
have been kept is repealed, iii. 762.
To be open to inspection, iii. 762.

If action be against a trustee, evidence of
his being appointed and acting sufficient,
iii. 763.

Proof of exemption from toll, iii. 763.
Inhabitants, iii. 763.

Trustees, creditors, and all officers, wit-
nesses, iii. 763.
Collectors, iii. 764.

Witnesses not to be excluded from giving
evidence by reason of crime or interest,
except in certain cases, iii. 764.
Penalty on witnesses not attending when
summoned, not exceeding 40s., iii. 764.
Power to administer oaths, iii. 764.

XVIII. Forms of Proceedings.

Forms in the schedule annexed to be used,
iii. 764.

XIX. Appeal and Certiorari.

Persons aggrieved may appeal to quarter
sessions, iii. 765.

Notice of appeal, iii. 765.
Recognizance, iii. 765.
Costs on, iii. 765.

Certiorari in proceeding pursuant to 3 Geo.

4, c. 126, iii. 765.

Notice of appeal, iii. 766.

Who may appeal, &c., iii. 766.
Mandamus to hear appeal, iii. 766.

XX. Consent to Turnpike Bill may be by
Affidavit.

Parties interested may signify their consent
to any turnpike bill by affidavit, iii. 767.
Justices of peace or masters extraordinary
in Chancery empowered to take such affi-
davits, iii. 767.

HIGHWAYS, TURNPIKE-continued.
XX. Consent to Turnpike Bill-continued.
Affidavit not liable to stamp duty, iii. 767.
Proof of handwriting of justice to be deemed
sufficient, iii. 767.

XXI. Forms as to, List of, iii. 767.
HIGHWAYMAN. See ROBBERY, HUNDRED.

HIRING AND SERVICE.

Settlement of poor by. See Poor, iv.

As to the hiring of servants, see SERVANTS.

HOMICIDE.

What, iii. 794.

I. Justifiable Homicide.

On a real necessity, iii. 794.

In execution of a criminal, iii. 794.

In execution of duty of officer, or process,
&c., iii. 795.

In arrest of felons, iii. 795.

In arrest of prisoners escaping, iii. 795.
In arrest of persons guilty of misdemeanours,
&c., iii. 795.

On civil process, iii. 795.

In prevention of crime, &c., iii. 795.
Necessity must exist, iii. 796.
Trial and discharge, iii. 796.
Homicide se defendendo, iii. 796.
What, iii. 796.

Cases of se defendendo, iii. 796.
Chance medley, iii. 797.

Defence of property against trespassers, iii.
797.

Reasonable force only must be used, iii. 797.
Homicide upon necessity, iii. 797.
Accessaries, iii. 797.
Forfeiture, iii. 797.

II. By Misadventure.

What is homicide by misadventure, iii. 797.
Lawful acts must be done with caution, iii.
798.

Workmen throwing rubbish, iii. 798.

Driving carriages, iii. 798.

Navigating ships, iii. 799.

Sports, iii. 799.

Correction by parents, &c., iii. 799.

Poisoning by mistake, iii. 799.

Medical practitioners, iii. 799.

What degree of caution must be used, iii.
799.

Unlawful acts, iii. 800.

Evil intent, iii. 800.

Action for trespass, iii. 800.

This kind of homicide no felony, iii. 800.
Forfeiture, iii. 800.

III. Manslaughter.

Manslaughter, what, iii. 801.
Fighting, iii. 801.

First blow immaterial, if terms equal, iii. 801.
Third person interfering in combat of others,
iii. 802.

802.

Provocation by words, &c., iii. 802.
By assault, iii. 802.

By adulterer, iii. 803.

By offence on children, iii. 803.
By imprisonment, iii. 803.
Killing by correction, iii. 803.
Correction of seamen, iii. 804.
Other provocations, iii. 804.

Nature of the instrument used, iii. 804.
Resisting officers and others, iii. 805.
Unlawful or wanton acts, iii. 805.
Prize-fighting, amicable contests, iii. 805.
Wanton and heedless acts, iii. 806.

Where several join to do an unlawful act,
iii. 806.

Improper medical treatment, iii. 807.
Neglect of natural duties, iii. 807.

Children, iii. 807.

Bastards, iii. 807.

Apprentices and servants, iii. 808.
Infirm persons, iii. 808.

Accessaries, iii. 808.

Indictment, iii. 808.
Evidence, &c., iii. 808.
Trial of, iii. 808.
Punishment, iii. 808.
Forfeiture, iii. 808.

IV. Murder.

(1). The Offence of.

Murder, what, iii. 809.

Offender must be of sound memory, &c.,
iii. 809.

The killing must be unlawful, &c., iii. 809.
Person killed must be a reasonable being,
under the Queen's peace, iii. 810.

Body not found, iii. 810.

Mere killing is primâ facie evidence of ma-
lice, iii. 810.

Malice expressed, iii. 810.

Malice implied, iii. 810.
Malice prepense, iii. 811.
Malice aforethought, iii. 811.
Improper correction, iii. 811.
Universal malice, iii. 811.

Giving a potion to cause abortion, iii. 811.
Killing in prosecution of felony, iii. 811.
Provocation, iii. 811.

Duelling, iii. 812.

Killing officers of justices and others, iii. 812.
Authority of officers, iii. 812.

Private person arresting, iii. 813.

Pressgang, iii. 813.

Special constable, iii. 813.

Gamekeepers, iii. 813.

Notice on process, iii. 813.

(2). Indictment for.

Indictment for murder, iii. 814.

Name of deceased, iii. 814.

Mode in which the murder committed, iii.
814.

HOMICIDE-continued.
IV. Murder-continued.

Cutting throat, iii. 815.
Suffocation, iii. 815.
Death of party, iii. 815.
Time of offence, iii. 815.
Place, iii. 816.

Necessary terms, iii. 816.
Conclusion, iii. 816.

(3). The Evidence in, iii. 816.
(4). Place of Trial for.

British subjects may be tried in England
for murder or manslaughter committed
abroad, iii. 817.

Trial for murder or manslaughter, where
death or cause of death happens in Eng.
land or at sea, iii. 817.
Boundaries of counties, &c., iii. 818.
In the fleet, iii. 818.

Murders and manslaughters committed in
certain foreign parts may be tried in any
of H. M.'s foreign plantations, in same
manner as offences committed on high
seas, iii. 818.

Murder, &c. committed in Honduras, iii.
818.

(5). Punishment, Sentence, Execution, and

Treatment of Murderers.

Punishment of death, iii. 818.
Sentence of, iii. 818.

Dissection abolished, iii. 819.

Burials in prison, iii. 819.

Hanging in chains abolished, iii. 819.

Prison regulations as to murderers, iii. 819.

Rescuing the body, iii. 819.

(6). Escape of, iii. 820.

V. Self-Murder.

Felo de se, iii. 820.
Year and day, iii. 820.
Non compos, iii. 820.
Accessary, iii. 820.
Forfeiture, iii. 820.

Corruption of blood, iii. 821.
Burial, iii. 821.

VI. Forms as to.

Commitment for murder by shooting, iii.

HONDURAS.

Trials for murder at, iii. 818.

HOPS.

Destroying of hop binds, v. 36.

Setting fire to hop oasts, i. 510, 511.

Duty, &c. on, and adulterating. See EXCISE.

HORSES AND HORSE-RACING. See AD-
DENDA, tit. HORSES.

As to post-horse duties, see STAGE-COACHES.
As to taxes on, see TAXES.

As to killing and maiming of, i. 533.

As to stealing of, iii. 1101, 1138.

As to putting stoned and scabbed horses on
commons, i. 859.

I. Buying Stolen Horses, &c.

Former misuse in sale of, iii. 824.

How horses to be sold in fairs or markets,
iii. 825.

A place to be appointed for a horse fair, and
also a toll-taker, iii. 825.

When, where, and of whom toll for, shall be
taken, iii. 825.

A note of all horses sold in a market, &c.
to be taken, iii. 825.

A stolen horse to be ridden, &c. in a fair, or
&c., before the owner's property shall be
taken away, iii. 825.

Owner empowered to re-take horse, iii. 826.
Penalties, who entitled to, and how recover-
able, iii. 826.

Justices to hear and determine offences, iii.
826.

Allowance for book-keeper where no toll
due, iii. 826.

Sellers of horses in markets, &c. must be

known to toll-taker, or some other, iii. 826.
Who will avouch the sale, iii. 826.

Which shall be entered in toll-book, &c.,
iii. 826.

Credible person shall avouch the horse-
seller, iii. 826.

Price of horse to be entered in toller's
book, iii. 827.

A note in writing shall be given to buyer,

iii. 827.

Penalty of person offending in cases afore-

said, iii. 827.

Sale otherwise void, iii. 827.

Justices may hear and determine offences
aforesaid, iii. 827.

Owner may redeem horse stolen within six
months after, on paying the price, iii. 828.
Observations on the stat. 2 & 3 Ph. & M.
c. 7, and 31 Eliz. c. 12, iii. 828.

II. Regulations as to the slaughtering of Horses,
c. See ADDENDA, tit. HORSES.
Slaughtering-house keepers to take out a
license, &c., iii. 829.

Justices to grant licenses, &c., which are to
be entered, &c., iii. 829.

Persons licensed, to affix to their houses the
words herein, iii. 829.

HORSES AND HORSE-RACING-con.
II. Regulations as to slaughtering—con.

Notice to be sent, when horses, &c. to be
slaughtered, to the inspector, who is to
take an account of the beasts, iii. 829.
Times of slaughtering, &c., iii. 830.
Account to be kept, by owners of slaughter-
ing-houses, of owners of cattle brought
&c., iii. 830.

Vestry to appoint inspectors, iii. 830.
Inspectors' duty, iii. 830.

Form of conviction for refusing to pay for
advertisements of inspectors, iii. 831.
Inspectors may visit slaughtering-houses at
all times, iii. 831.

Persons bringing cattle refusing to give an
account of themselves, &c., may be car-
ried before a justice, iii. 831.

Justices may commit suspected persons, iii.
832.

Persons slaughtering horses, &c. without
license, &c., guilty of felony, iii. 832.
Persons destroying hides, &c. to be deemed
guilty of misdemeanours, iii. 832.
Persons making false entries liable to pe-
nalty, &c., iii. 833.

Form of conviction for, iii. 833.
Inspectors' books to be produced at quarter
sessions, iii. 833.

Penalty on persons lending houses for pur-
pose of slaughtering, iii. 833.

Form of conviction for, iii. 834.
Act not to extend to curriers, &c. killing
distempered horses, &c., iii. 834.
Collar-makers, &c. killing sound horses, &c.,
liable to penalty, iii. 834.

Witnesses refusing to attend, to forfeit 107.,
iii. 834.

Parishioners competent witnesses, iii. 834.
General issue, iii. 834.

Treble costs, iii. 835.

Further regulations as to slaughtering horses,

iii. 835.

III. Horse-racing. See ADDENDA to title
HORSES.

Horses to be entered by the owners, iii. 835.
And no more than one at a time, iii. 835.
No plate to be run for under 507. value, iii.
835.

Or printed or published, iii. 835.

Races to begin and end in one day, iii. 836.
Matches to be at Newmarket and Black
Hambleton only, and for not less than
501., iii. 836.

Penalties, how recoverable, iii. 836.
Entrance-money to be paid to second-best
horse, iii. 836.

Gifts left for annual races not to be altered,
iii. 836.

Repeal of 13 Geo. 2, c. 19, as to horse-
racing, iii. 837.

Construction of acts and decisions as to
horse-racing, iii. 837.