ANNO REGNI

GEORGII II

REGIS

Magna Britannia Francia & Hibernia

PRIMO

At the Parliament Begun and Hodlen 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.

An Act for Repairing the Road leading from Chatteris Ferry, which divides the Isle of Ely from the County of Huntingdon, to Hammonds Eau, and from thence to Somersham Bridge at Somersham Town’s End, in the said County.

Whereas the highway or road leading from Chatteris Ferry (which divides the Isle of Ely from the County of Huntingdon) to a place called Somersham Bridge, at Somersham Town’s end, in the said County of Huntingdon, by reason of the many heavy Carriages, and Droves of Oxen, and other Cattle frequently passing through and the floods and Inundations of waters often overflowing the said Road, is become very ruinous and bad, and many Parts , in the Winter Season, so deep, that Passengers cannot pass and repass without danger:
And whereas the said Road cannot by the ordinary Course appointed by the Laws now in being (for Repairing the highways of this Kingdom) be sufficiently repaird and amended without some other Provision be made by Parliament, for raising Money to be laid out, and applied for that purpose:
To the end therefore that the said Road may with all convenient speed be effectively repaired and amended, and hereafter kept in good and sufficient Repair, so that all Persons may pass and repass through the same with Safety,
May it please your majesty that it may be enacted, and be it enacted by the Kings 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 Road aforesaid, it shall be in the Power of the Right Honourable William Cavendish Esquire (commonly called the Marquis of Hartington), son and heir apparent to the Duke of Devonshire, Sir John Hinde Cotton, Sir John Barnard, Baronets, Sir Edward Lawrence Knight; Samuel Sheppard, Henry Bromley, Thomas bacon, Esquires, the Reverend Doctor Richard Bentley, Master of the holy and undivided Trinity in the University of Cambridge, the Reverend Samuel Knight, Doctor in Divinity; John Bigg, Roger Handasyde, Anthony Hammond, James Torkington, Nicholas Bonsoy, Thomas Hammond, John Brownwell, Richard Drury, William Thompson, Stevens Bazeley, Charles green, Roger Thompson, Esquires, the Reverend William Leman Clerk, the Reverend William Torkington Clerk, the Reverend Thomas Parrot Clerk; Dingley Askham senior, Thomas Curtis, Dingley Askham junior, William Thompson, Lawrence Blatt, Peregrine Doyley, Thomas Underwood, Gentlemen, Jasper Lyster senior, Jasper Lyster junior, Thomas Ridley, Thomas Houghton, Thomas Vcope, John Kent, John Marriott, John garner, George Read, John Cole, John Cranwell, John Symons, george Waddington, William Archdeacon and Bennet Skeeles,
Who are hereby nominated and appointed Trustees for putting this Act in execution, and the Survivors of them; that they, or any five or more of them, or such Person or Persons as they or any five or more of them shall authorize and appoint, shall and may erect or set up, or cause to be erected or set up, a gate or gates, Turnpike or Turnpikes, in, upon or across any part or parts of the said Road, and also a Toll House or Toll Houses in or upon the said Road, and shall receive and take Tolls or Duties following before any Coach, Berlin, Chariot, Calath, Chaise, Chair, Waggon, Wain, Cart or other carriage, horse, ass, mule or any other sort of cattle shall be permitted to pass through the same.
For every Coach, Berlin, Chariot, Calath, drawn by more than four horses, mares or geldings, the Sum of One Shilling and Six Pence.
For every Coach, Berlin, Chariot, Calath, drawn by two horses, mares or geldings, the Nine Pence.
For every Chaisse or Chair, drawn by one horse, mare or gelding, Six Pence.
For every Waggon, Wain, Cart or other carriage drawn by four or more than horses, mares or geldings or oxen, the Sum of One Shilling and drawn by three horses, mares or geldings or oxen, the sum of Nine Pence, Shilling and drawn by two horses, mares or geldings or oxen, the sum of Six Pence, and drawn by one horse, mare or gelding or oxen, the sum of Three 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, One Shilling and three pence per Score, and so in proportion for any greater of lesser Number.
For every Drove of Calves, hogs, sheep or Lambs, Five Pence per score and so in proportion for any greater of lesser Number.

Which said respective sum and sums of money shall be demanded and taken in the name of, or as a toll or Duty; and the money so raised is and shall be hereby vested in the said Trustees; and the same and every part thereof shall be paid applied disposed of or assigned for repairing the said road and for the several uses intents and purposes and in such manner as is herein after mentioned and declared (the reasonable charges expended or to be expended in, or about, or by reason of obtaining and passing this Act of Parliament and for erecting the several turnpikes and toll houses being first deducted).

And they the said trustees, or any five or more of them, are hereby empowered 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 toll or duty hereby required to be paid 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 toll or duty is by this Act imposed, or upon any other goods or chattels of such person or persons who ought to pay the same, and may keep the same until such toll or duty with the reasonable charges of such destraining and keeping, shall be paid; and it shall be lawful for such person or persons so distraining, after the space of four days after such distress made and taken (such toll or duty with the reasonable charges of such distraining and keeping, not being paid) to sell the goods so distrained returning the overplus (if any be) upon demand to the owner thereof, after which such toll or duty with the charges aforesaid shall be deducted and paid.

And be it further enacted upon 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 permit or suffer any person or persons whatsoever to pass through any gate passage or way, with any coach, berlin, chariot, calash, chasse, chair, wagon, wain, cart or carriage, horse, mare, gelding, ass, mule or any sort of cattle, for which a toll or duty is by this Act payable; or if any person or persons shall at any time or times take off or cause to be taken off any horse, mare, gelding, ass, mule or any sort of cattle, from any coach, berlin, chariot, calash, chasse, chair, wagon, wain, cart or carriage, as aforesaid whereby payment of the toll or duty laid by this Act is or shall be lessened or avoided; every such person in either manner 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 County of Huntingdon, shall for every such offence respectively forfeit and pay to the said trustees the sum of twenty shillings.

And be it further enacted by the authority aforesaid that it shall and may be lawful to and for the said trustees or any five or more of them, to make or erect one or more gate or gates, turnpike or turnpikes, on the side of the said road, cross any lane or way leading out of the same and there to receive and take such toll or duty as is by this Act to be taken at any other turnpike or turnpikes to be erected by virtue hereof, so as the same do not extend to a double charge in case of passing through any of the turnpikes to be erected in pursuance of this Act.

Provided always that during the continuance of this Act, all coaches and passengers on horseback going and returning from any election of a knight or knights of the Shire, to serve in Parliament for the said counties of Huntingdon and Cambridge, shall pass and repass toll free through any turnpike or turnpikes to be erected by virtue of this Act, any thing herein contained to the contrary notwithstanding.

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 or appoint one or more fit person or persons to be receiver or receivers, collector or collectors of such toll or dury as shall be due and payable by virtue of this Act; and also one or more fit person or persons to be surveyors or surveyors, to see the condition of the said road and to see that the same be repaired and amended and that the money raised and expended by virtue of this Act be duly applied; and such person or 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 rates aforesaid to the said receiver or receivers, collector or collectors of the said duty or toll in that behalf from time to time appointed as aforesaid. And the person or persons so appointed as aforesaid for the receiving of the said toll or duty and also such surveyor or surveyors as aforesaid, shall upon oath (if thereunto 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 said road (which oath such Justice or Justices is and are hereby impowered and required to administer on the first Monday in every month, or oftner if required during the continuance of this present Act), give in a true exact and perfect account in writing under their respective hands, of all monies which he and they and every one of them shall to such time have received, paid and disbursed by virtue of this Act, by reason of thei 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 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, by any writing or writings under their hands and seals, authorise and impower to receive the same; which shall be disbursed and laid out in amending the said road according to the true intent and meaning of this Act and not otherwise. And the said trustees or any five or more of them, to whom such account shall be given, shall and may out of the money arising by the said toll or duty, make such allowance unto the said receiver or receivers, collector or collectors and the surveyor or 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 such person and persons who have been or shall be assisting in and about procuring the said road to be amended and repaired as aforesaid or by advancing or laying out any money or otherwise relating thereunto, as to them shall seem good.

And in case the said receiver or receivers, collector or collectors of the said toll or duty made payable by this Act, or any of them shall not make such account and payment unto such person or persons according to the order and direction of the said trustees or any five or more of them as aforesaid, that then the Justices of the Peace at any General or Special Sessions or monthly meeting of them to be holden for any Division in which the said highway or road does lie, in the said County of Huntingdon, shall make enquiry of and 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 they are hereby empowered and required to administer without fee or reward) and if any person or persons shall be hereof convicted by such Justice or Justices (who are thereunto required and hereby empowered) the said Justice or Justices shall upon such conviction commit the party or parties to the common gaol of the said County of Huntingdon, there to remain without bail or mainprise until he, she or they shall have made a true and perfect account and payment as aforesaid.

And be it further enacted by the authority aforesaid that it shall and may be lawful to and for the said surveyor or surveyors and such person and persons as he and they shall appoint, to dig gather take and carry away any gravel, sand, stones, or other materials out of any convenient part of any waste or common of any parish, place, town, village or hamlet in the said County of Huntingdon, proper and convenient for repairing and amending the road aforesaid; and for want of sufficient gravel, sand, stones, or other materials there, shall and may dig, gather, take and carry away the same out of the waste or commons of any neighbouring parish, town, village or hamlet in any other county or counties without paying any thing for the same; and where there is not sufficient of such materials in any commons or waste grounds near adjoining, it shall and may be lawful for them by order of the said trustees, or any five or more of them, to dig and gather the same in the several grounds of any person or persons (not being a yard, garden, orchard, park, meadow, planted walk or walks, avenue or way to a house) where any such materials are or may be found; and from time to time to take and 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 road, through such grounds and passages, the nearest way to the said road so to be repaired, paying such rate for the said materials and for the passage and damage done to the owner or occupier of the ground where, from whence and upon and through which the same shall be digged, gathered or carried away, as the trustees appointed or to be appointed to put this Act into execution, or any five or more of them, shall adjudge reasonable. And in case of any difference concerning the same between the owner and occupier of such ground and the said trustees touching such damage 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 from whence the same shall be taken and carried away, or such damage done as aforesaid shall and may adjudge assess and finally determine the same.

And be it further enacted by the authority aforesaid, that it shall and may be lawful to and for the surveyor or surveyors and such person or persons as they shall appoint, by the direction of the said trustees, or any five or more of them, under their hands, from time to time to remove and prevent all annoyances on any part of the said road hereby intended to be repaired, by cutting down trees or bushes growing in the said road, or the hedges or banks adjacent to the same, and by removing filth, dung, ashes, rubbish, watercourses, sinks or drains running into the said road or otherwise, and to take and carry away the same (the owners or occupiers neglecting to cut down such trees or bushes or to remove such other annoyances for the space of fifteen days , after notice in writing given for that purpose under the hands of the said trustees or any five or more of them respectively) the charges whereof shall be reimbursed to the said surveyor or surveyors by such owner or owners neglecting to cut down such trees or bushes, or to remove such other annoyances as aforesaid, and if, after removal of any such annoyances, any person or persons shall again offend in the like kind, every such person offending and being thereof convicted upon oath before one or more Justice or justices of the Peace for the said County of Huntingdon, shall for every such offence forfeit and pay unto the said trustees the sum of twenty shillings.
And be it further enacted by the authority aforesaid that it shall and may be lawful to and for the said surveyor and surveyors and such person or persons as they shall appoint 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 erect and make arches or bridges of brick, timber or stone and also to widen any of the narrow parts of the said road by opening, clearing and laying into the said road any grounds of any person or persons lying contiguous to such road (no being a house garden orchard, planted walk or walks, or avenue to a house) and to make such contract and agreement for such ground to be taken and laid into such road as the trustees, or any five or more of them, shall contract for the same. And also to cause ditches and trenches to be made in such manner as such surveyor or surveyors by order of the said trustees, or any five or more of them, in their respective places shall adjudge necessary for the better amending and keeping the said road in good repair, making such reasonable satisfaction to the owner or occupier of such ground as shall be so laid in or untpo the said road, or through which such cut, drain or drains shall be cut, or any such arch or arches, bridge or bridges shall be made, for the damages which he she or they shall or may thereby sustain as they shall be assessed by the trustees, or any five or more of them, and in case of any difference concerning the same between such owners and occupiers and the said trustees touching the damage aforesaid, that then the justices of the peace or the major part of them, at the next General Quarter Sessions of the Peace to be holden for the County of Huntingdon, shall adjudge, assess and finally determine the same.

And be it further enacted by the authority aforesaid, that if any owner or owners, occupier or occupiers of any watercourse or watercourses, ditch or ditches, adjoining the said road, shall neglect or refuse to scour or cleanse such watercourse or watercourses and to make such ditch or ditches so deep and in such manner as the surveyor or surveyors shall from time to time judge proper and convenient, after ten days notice shall be given for that purpose, by 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, occupier or occupiers, it shall and may be lawful to and for such surveyor or surveyors to set 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 estates of the owner or owners, occupier or occupiers of such watercourse, ditch or ditches by distress and sale of his and their goods and chattels, rendring the overplus (if any be) to the said owner and occupier when by him, her or them demanded, after all charges paid.
And forasmuch as the money so to be collected by virtue of the said toll will not at present be sufficient for the speedy repairing the said roads, be it further enacted by the authority aforesaid that the said trustees or any ten or more of them, shall and may, and they 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 cost and charges whereof to be born and paid out of such toll or duty) for any 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, not exceeding five pounds per centum per annum, which said money so borrowed shall be applied and disposed of as the said toll or duty is by this Act directed to be applied and disposed of, and to and for no other use or purpose whatsoever.

Provided always that in case there shall be more than one gate or turnpike in, cross or on the side of the said road, no person or persons having paid the toll or duty aforesaid at the first gate or turnpike through which such person or persons shall pass and produce 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 road, such person or persons delivering the said note or ticket to the said receiver or receiver, 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 coach, berlin, chariot, calash, chaise, chair, wagon, wain, cart or other carriage, horse, mare, ass, mule or cattle as aforesaid, shall be liable or compelled the same day to pay the said toll or duty more than once.

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 and made payable, and having such notes or tickets as aforesaid, shall give or dispose of the same to any person or persons in order to avoid payment of the said toll or duty, every such person giving, disposing, or offering such note or notes, ticket or tickets, and the person or persons receiving the same, and being hereof convicted upon oath before one or more Justice or Justices of the Peace for the said County of Huntingdon, shall forfeit and pay for every such offence, the sum of ten shillings, the one half to the informer and the other half to be paid to the collector of the said tolls and duties, towards the repair of the said road.

Provided always and it is hereby declared, that no person or persons shall be charged with any of the tolls or duties aforesaid, who shall pass through any of the turnpikes to be erected by this Act, and shall carry any quantity of stones, gravel or other materials for repairing of the said road, or in any of the neighbouring parishes or townships for carrying through the said turnpikes any dung, mold or compost of any nature or kind whatsoever, for manuring any land within the said parish or township of Somersham, or for any carts or wagons carrying any hay or fodder or corn in the straw, to be laid up in the houses, outhouses or barns or grounds of the respective inhabitants of the said parish, wherein the said road by this act intended to be repaired doth lie, or for any ploughs, harrows or other implements of husbandry, in order to the using or repairing of the same, or for any other things whatever imployed in husbandry for manuring and stocking of lands in the said parish or township through which the road hereby directed to be amended doth lead; nor shall any toll or duty be demanded or taken at any of the said turnpikes for any horses or cattle going to, or returning from, pasture or watering places in the said parish of Somersham belonging to any of the inhabitants, or for such horse as is or shall be used to ride on by the owner or driver of any wagon, cart, carriage or drove of oxen not less than seven, or of sheep or other cattle not less than twenty, that shall have paid the toll for such wagon, cart, carriage or drove of oxen sheep or cattle, provided such horse pass through the said turnpike with such wagon, cart carriage or drove of oxen, sheep or cattle; nor shall any duty or toll be demanded or taken for the horses of any 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 passes.

And for preventing of differences which may arise between the said trustees and the surveyors of the highways for the parish of Somersham aforesaid, touching what part of the Statute Work in the said parish of Somersham aforesaid ought to be done on the road hereby intended to be repaired, 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 County of Huntingdon, at any Petty or Special Sessions of the Peace, or General Quarter Sessions of the Peace, upon application made to them by any five or more of the trustees, to adjudge and determine what part or proportion of the Statute Work shall be done in the said road to be repaired.

And be it further enacted by the authority aforesaid, that the said trustees, or any five or more of them, may and are hereby impowered, from time to time as they shall think fit, to compound or agree by the year or otherwise, with any person or persons using to travel through any of the turnpike or turnpikes to be erected by virtue of this Act, for any sum or sums of money to be paid to the said trustees, or any seven or more of them, from time to time after such agreement shall be made.

And be it further enacted by the authority aforesaid, 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 warrant or warrants under the hands and seals of any two or more of His Majesties Justices of the Peace for the County of Huntingdon, which warrant or warrants the said Justices are hereby impowered and required to make upon information of any one or more credible witness or witnesses upon oath (which oath the said Justices are hereby impowered and required to administer without fee or reward) and the penalties and forfeitures, when recovered, after rendring 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 (if not otherwise applied or disposed by this Act) for and towards the mending the said road, hereby intended to be repaired.

And be it further enacted by the authority aforesaid, that the toll and duty hereby granted shall take place and have continuance, only and after the first day of May, One Thousand Seven Hundred an Twenty Eight, for and during the term of one and twenty years.
Provided also and it is hereby enacted and declared that if at any time before the expiration of the said term of one and twenty years, the said roads shall be sufficiently repaired and amended and so adjudged by the Justices of the peace at their Quarter Sessions to be holden for the said County of Huntingdon, that then from and after such adjudication made, and repayment of the money borrowed with lawful interest for the same, and the costs and charges thereof the said toll and duty hereby granted and made payable shall cease, determine and be no longer paid, anything herein contained to the contrary notwithstanding.

And be it enacted by the authority aforesaid, that it shall and may be lawful to and for the Justices of the Peace, at any of their General Quarter Sessions t be holden for the County of Huntingdon, or the major part of them present, yearly and every year after the said first day of may, One Thousand Seven Hundred and twenty eight, (if thy think fit) to appoint one or more fit person or persons of the said county to survey and view the said ruinous road, by this Act 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 or persons so appointed, shall find any misapplication of the monies levied by this Actor 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 then next General Quarter Sessions to be held for the said county, 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 tye said justices at any of their Quarter sessions to be holden as aforesaid, or the major part of them then present, 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 turnpike or turnpikes for the time being, or within ten days after such determination; and in default thereof it shall and may be lawful to and for the said Justices at their next general Quarter Sessions, or the major part of them then present, from time to time after such determination made, 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 Gaol of the said County of Huntingdon, there to remain without Bail or mainprise till payment and satisfaction shall be made as aforesaid.

And be it further enacted by the authority aforesaid that for the continuance 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 seven or more of them, upon the death of any of the said trustees, 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 trustees or trustees so deceased, removed or refusing to act, so many more fit and able persons living in the said County of Huntingdon, to be joined with the aid trustees in the execution of all and every the powers and trusts in them reported 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 on the turnpike or turnpikes erected by virtue of this Act or on the outside of the door of the Parish Church of Somersham aforesaid at least ten days before such meeting) and all and every person or persons so to be chosen to join in putting this Act in execution 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, as often as occasion shall be or require.

And be it further enacted by the authority aforesaid that the several trustees aforesaid, or any five or more of them, shall meet together at the Rose and Crown in Somersham aforesaid on the fifteenth day of April, One Thousand Seven Hundred and Twenty Eight, and shall then adjourn themselves and afterwards meet there, or at any other house within the Parish of Somersham as often as it shall be necessary for putting this Act in execution; and that the said trustees at their first meeting and all sibsequent meetings, shall defray their own charges and expenses.

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 into execution, shall have or accept of any place or profit arising out of or by reason of any toll or duty by this Act laid or granted, but such person or persons shall be incapable of acting as a trustee or trustees during his enjoyment of such place or profit as aforesaid.

And be it further enacted by the authority aforesaid that if any action or suit shall be commenced against any person or persons for any thing done in pursuance of this Act, that in every such case the action or suit shall be brought within six months next after the fact committed, and not afterwards, and shall be laid and brought in the County of Huntingdon and not elsewhere, and the defendant and defendants in such action or suit to be brought, shall and may plead the general issue and give this Act and the special matter in evidence at any trial to be had thereupon, and if it shall appear so to be done, or that such action or suit shall be brought after the time before limited for bringing the same , or shall be brought in any other county, that then the Jury shall find for the defendant or defendants; and if upon such verdict, or if the plaintiff or plaintiffs shall be nonsuited or discontinue his action after the defendant or defendants shall have appeared, or if upon Demurrer Judgement shall be given against the plaintiff or plaintiffs, the defendant or defendants shall and may recover treble costs and have the like remedy for the same as any defendant or defendants hath or have in any other cases by law.

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

FINIS