Charles II, 1663: An Act for repairing the Highwayes within the Countyes of Hertford Cambridge and Huntington;

Recital of the bad State of the Roads in the Counties of Hertford, Cambridge, and Huntington;

and the ordinary Course appointed by the Laws is not sufficient for the effectual repairing of the same.; Four Justices for each of the said Counties may appoint Nine Surveyors.; Justices or Surveyors to act in their several Counties only.; Notice to Surveyors of being chosen, and Surveyors to meet within one Week after such Notice,; for the Purpose of viewing and considering of Repairs.; Surveyors to appoint Collector and other Officers.; Allowance to such Officers to be approved and removed by Two or more Justices.

Whereas the auntient Highway and Poast Roade leading from London to Yorke, and soe into Scotland, and likewise from London into Lincolnshire lyeth for many miles in the Countyes of Hertford, Cambridge and Huntington, in many of which places, the Roade, by reason of the great and many Loades, which are weekly drawne in Waggons through the said places, aswell by reason of the great Trade of Barley and Mault, that cometh to Ware, and so is conveyed by water to the City of London, as other Carriages, both from the North parts, as also from the City of Norwich, Saint Edmunds Bury, and the Towne of Cambridge to London, is very ruinous, and become almost impassible, insomuch, that it is become very dangerous to all His Majesties Leige people that passe that way, And for that the ordinary course appointed by the Lawes and Statutes of this Realme is not sufficient for the effectual repairing and amending of the same, neither are the Inhabitants through which the said Road doth lye of ability to repaire the same, without some other provision of moneys to be raised, towards the putting the same into good and sufficient Repayre, For remedy whereof and to the intent the said Highwayes, at or in the Countyes aforesaid, may bee forthwith effectually repaired and amended, and from time to time hereafter kept in good repayres, May it please your Majesty that it may bee enacted, And bee it enacted by the Kings most Excellent Majesty, by and with the Advice and Consent of the Lords Spirituall and Temporall, and the Coo[m]mons in this present Parliament assembled, and by the Authority of the same, That for the surveying, ordering, repairing, and keeping in Repaire of the said Highway in the Countyes aforesaid, Foure Justices of the Peace for each of the said severall and respective Countyes, dwelling next to the said Highwayes respectively, or any two of them, for the yeare, One thousand six hundred sixty three, and untill the Quarter Sessions then next ensueing, and from thenceforth the Justices of the Peace at the Sessions, to bee holden next after [Easter (fn. 2) ] every yeare, for the said respective Countyes, from time to time, shall, and are hereby impowered, to nominate and appoint Nine sufficient and able persons, residing and inhabiting, within the said severall and respective Countyes, to bee Surveyors of the severall places, in the said Highway for the yeare, from thence next ensueing, The Justices of the Peace for the County of Hertford, to appoint Surveyors for the Highway lying in the said severall Townes and Parishes of the said County, and the Justices of the Peace in the County of Cambridge to appoint Surveyors for the severall Townes and Parishes, within their said County of Cambridge, And the Justices of Peace for the County of Huntington, to appoint Surveyors for the severall Townes and Parishes of the said County, And that the said Justices or Surveyors aforesaid, shall not act or doe any thing, towards the Repaires of the said Highwayes, but in their owne severall and respective Countyes, And that the said Justices in their severall Countyes, shall cause notice to bee given to the severall Surveyors soe chosen in writeing of their said choice, which said Surveyors and every of them having no lawfull impediment, to bee allowed by the said Justices, by whom they shalbee chosen, in manner as aforesaid, within one weeke next after such notice to them given of their Election, shall and are hereby required to meet and assemble themselves together, (that is to say) the Surveyors for the County of Hertford, in some convenient place within the County of Hertford, and the Surveyors chosen for the County of Cambridge in some convenient place within their County, and the surveyors chosen for the County of Huntington, in some convenient place within their said County, to bee appointed by the severall Justices of the said Countyes, at their severall Quarter Sessions, to the intent to veiw and Survey the said Highway and places aforesaid, and shall consider what Reparations shalbee needfull, for repairing of the severall Highwayes and places aforesaid And the said severall Surveyors, in their respective Countyes, shall provide Stones, Gravell, and other materialls and necessaryes, to bee used for and towards the repairing and amending the said Highway, at the places aforesaid, And the said Surveyors, or three or more of them, in their respective Countyes, being so mett and assembled, are hereby authorized to appoint a Receiver or Collector of Toll, and such other Officer and Officers as they shall finde necessary in their respective Countyes for carrying on the said Worke (with such moderate allowance, as shalbee thought fitt) to bee approved of by any two or more Justices of the Peace for the said respective County, for which such Officer is chosen, living neere to the said Highway or places aforesaid, or otherwise to bee removed, and other fitt person or persons, to bee chosen in his or their places, by the said Justices, in the said severall and respective Countyes,

II. Surveyors to require Persons chargeable to come with Wains, Carts, &c.

Surveyors to pay Labourers and Owners of Wains, Carts, &c.; Such Persons neglecting, &c.; Penalty on Owners.; Penalty on Labourers.

And for the better effecting thereof Bee it Enacted by the Authority aforesaid That the said Surveyors, or any three or more of them, in their severall Countyes, shall from time to time, as they shall see cause, appoint and require, all and every person and persons, inhabiting within three miles of the places aforesaid, being within their severall and respective Countyes, who by any Law or Statute of this Realme now in force, is, or are chargeable, to finde any Wayne, or Cart, for the amending of the Highwayes and every other person and persons chargeable, to labour in the Highwayes, upon reasonable notice, to send his or their Cart or Wayne and Teame, or to come to labour in the said Highway at any the places aforesaid, within their respective Countyes, so furnished, as by the Lawes and Statutes of this Realme is directed, for the amending of other Highwayes when and soe often, as the said Surveyors for their said severall Countyes, or any three or more of them, shall thinke needfull and appoint, for which the said Surveyors, shall pay unto such Labourers, and to the Owners of such Teames Carts and Waynes, according to the usuall rate of the Countrey And in case any person soe charged, to send his or their Teame to worke as aforesaid; shall refuse or neglect soe to doe, such person so refusing or neglecting, shall forfeit Ten shillings for every day, that hee or they shall make such default, and every Labourer Eighteen pence, for every day, hee shall neglect or refuse to worke as aforesaid

III. Distance at which Persons may be compelled to come with their Wains, Carts, &c. or to labour.

Justices of Peace to determine Questions concerning Hire, &c.

Provided That no person or persons, by virtue of this Act, bee compelled or compellable to labour, or to send his or their Teame Cart or Waggon, for the mending of the said Highway, to any of the said places, being above Three miles distant from his Dwelling house, or not in the same County, nor to labour, or send his or their Teame, Cart or Waggon, for amending of the said Highway, above Three dayes in any one weeke, nor at any time [in (fn. 3) ] Seed time Hay or Corne harvest And in case that any question shall happen to arise, touching the hire to bee given by the said Surveyors, for such Teame Cart, or Waggon, or concerning the wages of such Labourers, imployed in mending the said Highwayes, That then the said Justices of the Peace, in the County, where such difference ariseth, or any two or more of them, shall and may determine and set downe, what hire for such Teame Cart or Waggon, and also what wages to such Labourer, shall bee paid or allowed by the said Surveyors, and such Order in that behalfe to bee made shall conclude all parties

IV. Where not sufficient Gravel, &c. in any Parish, Surveyors may carry away Gravel, &c. out of neighbouring Parishes, &c. without paying for the same.

Where not sufficient Materials in Commons, &c. then to dig for the same in Private Grounds (Exception) without paying, but to make Satisfaction to Owners.; Quarter Sessions to determine the same.; Pits, &c. to be filled up or secured.

And bee it further enacted by the Authority aforesaid, That where there is not sufficient Gravell, Chaulke, Sand, or Stones, within any Parish, Towne Village or Hamlett, wherein the said Highway or places aforesaid, or any of them doe lye to repaire the said Highway, at any of the places aforesaid, It shall and may bee lawfull, for the said Surveyors, in their severall and respective Countyes, or any three or more of them, and such person and persons, as they shall appoint, to digg, take, and carry away, Gravell, Chaulke Sand or Stones, out of the Wast or Coo[m]mon of any neighbouring Parish, Towne, Village, or Hamlett (without paying any thing for the same) for the repairing or amending of the said Highway, at any the places aforesaid, or where there is not sufficient of such materialls, in any Coo[m]mon or Wast Ground thereunto neere adjoyning, to digg in the severall grounds of any person or persons, not being an House Garden Orchard, Yard, or Parke stored with Deere, being within any Parish chargeable towards the repaires of the said Highway and places, soe to bee repaired where any such materialls are or may bee found, And from time to time to carry away such, and soe much thereof, as the said Surveyors, or any three or more of them, in their respective Countyes, shall adjudge necessary for the said Reparations, without paying any thing for such materialls, saving only such reasonable satisfaction, to the Owner or Occupyer of the Ground, where the same shall bee soe digged and carryed away, as for the damage hee or they shall thereby susteyne to bee assessed and adjudged, by the said Justices of the County, where the same is digged, at the next or any other Quarter Sessions for the said County, in case of difference concerning the same, And that the Pitts and places, where and from whence such materialls, shall bee dugg and carryed away for the Reparations aforesaid, shall with all convenient speed, (to bee adjudged by the [said (fn. 4) ] Justices of Peace as aforesaid) bee filled up and levelled with earth or other materialls, or else rayled about, soe as that the same may not bee deemed dangerous or prejudiciall to man or beast,

V. Surveyors, with the Approbation of Justices, to appoint Toll Gatherers.

And for the defraying of the charge of such Reparations, to bee done in the places aforesaid Bee it further enacted, That from and after the choice of the Surveyors aforesaid, it shall and may bee lawfull to and for the said Surveyors for the time being, with such consent and approbation as is aforesaid of the said Justices of the severall Countyes, within their owne Countyes, and not elsewhere, to choose and appoint one or more fitt person or persons, to receive or take such suu[m]me or suu[m]mes of money in the name of Toll or Custome, to bee paid for all such Horses, Carts, Coaches, Waggons, Droves, and Gangs of Cattell, as in time to come shall passe, bee ledd, or droven, in or through the said waye or places aforesaid, as are hereafter by this Act limited and appointed (that is to say),

Rates appointed.

For every Horse one penny, for every Coach six pence, for every Waggon one shilling, for every Cart eight pence, for every score of Sheepe or Lambes one [halfe (fn. 4) ] penny, and so proportionably for greater numbers,

For every score of Oxen or Neat Cattell five pence, and so for every greater or lesser number proportionably,

For every score of Hoggs two pence, and so for every greater or lesser number proportionably, not being under five,

In collecting of Toll Places appointed.; Persons refusing to pay Toll,; Horse, &c. may be-detained; and Expence thereof made good; Receivers of Toll to account.; Monies to be laid out in Repairs of Roads, &c.

And that from and after the passing this Act all and every person or persons, who shall travell with Horse, Coach, Cart, or Waggon, or shall leade or drive any Oxen, Sheepe, Horses, or other Cattell afore, mentioned, in and through the Highway and places aforesaid, shall and are hereby required to pay unto the respective Collectors and Receivers of Toll, in the severall Countyes aforesaid, in that behalfe to bee appointed, after the rates aforesaid, The places for collecting of the said Toll to bee, for the County of Hertford at Wades-Mill, and for the County of Cambridge at Caxton, within the said County of Cambridge, and for the County of Huntington, at Stilton in the said County of Huntington, and at no other place or places within the said Countyes And in case any person or persons, upon demaund made of Toll aforesaid, by the Collectctor or Receiver in that behalfe, to be appointed shall neglectct or refuse to pay the same, that then it shall and may bee lawfull, to and for the said Collector or Receiver appointed for [the (fn. 4) ] Receipt of the said Toll, upon such refusall to distreyne and deteyne such Horse, Cart, Coach Waggon Oxen or other Cattell aforementioned, or any of them, untill the said Toll shalbee satisfied and paid, according to the teno^r of this present Actct, together with such da[m]mages, as the party soe distreyning, shall susteyne, by keeping of such Distresse, of all which money soe to bee received the said Collector or Receivor of Toll soe to bee appointed in the severall Countyes, shall from time to time render true Accounts, and shall pay the money soe by them received, unto the said Surveyors of their severall and respective Countyes, or to any three or more of them, or unto such Treasurers as they shall appoint, when and as often, as they shalbee thereunto required, by the said Surveyors or any three or more of them, by them to bee laid out and expended, for and towards the necessary Repaires and amending of the severall places beforementioned and not elsewhere, within their said severall and respective Countyes

VI. Surveyors to account to Quarter Sessions.

Collectors to pay Monies remaining in Hand to Surveyors, &c.; Justices to make Allowance to Surveyors.; Collector not duly paying to Surveyor, &c.; or Surveyors not accounting or paying; Quarter Sessions may proceed; and may imprison until Account rendered.

And bee it further enacted by the Authority aforesaid, That the Surveyors and every of them, in their severall and respective Countyes, at the Quarter Sessions of the Peace, for the said County, to bee holden next after Easter [in (fn. 4) ] every yeare, shall make and yeild up, unto the Justices of the Peace, there to bee assembled a perfect Accompt in writeing, under their hands, of all the money which they or any of them, shall have received from the said Collector, or Receivor of Toll, in their said County, and likewise of all their disbursements, in and about the said Highway or otherwise, by reason of their Offices, And in case of any overplus of money soe received, remaining in their hands, shall pay the same to the Surveyors to bee chosen for the yeare ensueing, or to the Treasurer or Receivor, by them to bee appointed, to bee disbursed and laid out in the severall places aforesaid, within such County, wherein the overplus doth remaine, and not elsewhere in the yeare ensueing, which said Justices to whom such Account shall bee given, shall out of the benefitt of the [said (fn. 4) ] Toll, make such allowance unto the said Surveyors, for and in consideration of their care and paines, taken in the execution of their said Offices, as to them shall seeme good, And in case the Collector or Receivor of the aforesaid Toll, for the respective Countyes, soe to bee paid as aforesaid, shall not upon request duely pay the same unto the said Surveyors of the said County for the time being or the Treasurer or Receivor by them appointed, or in case the said Surveyors, or any of them, shall not make such Account and payment as aforesaid, that then the said Justices, for the severall and respective Countyes, at any Quarter Sessions of the Peace, to bee holden for the said County, in case of such default of Account or Payment, shall and may make enquiry concerning such default, aswell by the confession of the partyes themselves, as by testimony of two or more credible Witnesses upon Oath, and in case of such default, to bee found and adjudged by the said Justices, in their said respective Countyes, either in their said Receivor or Collector of the said Toll, or in their said Surveyors, or any of them, the said Justices, upon such their conviction, shall coo[m]mitt the party or partyes, soe convict to the coo[m]mon Goale for the said County, there to remaine without Bayle or Maineprize, untill hee or they shall have made a true and perfect account and payment as aforesaid

VII. Recital that Monies so to be collected will not raise a sufficient Stock.

Power to Surveyors, with Consent of Justices, to mort-gage the Tolls.; If Money cannot be so borrowed, Quarter Sessions may make a Rate.; Rates to be paid to Surveyors.; Persons refusing to pay Rates; Surveyors may distrain.

And forasmuch as the moneys soe to bee collected by such receipt of the said Toll, will not at present, raise such a Stocke or Suu[m]me of Money, as may bee sufficient for the speedy repairing of the Premisses, in the said severall Countyes of Hertford Cambridge and Huntington, It is hereby further enacted, and the said Surveyors are hereby enabled, by and with the like consent of the said Justices, for their severall and respective Countyes, without further license severally to engage, the profitts arising of the said Toll, in their severall Countyes, for such suu[m]me or suu[m]mes of money, by them to bee borrowed for that purpose, and by Indenture, under the hands and seales of the said respective Surveyors, for the time being to transferr the said profitts of the said Toll, and to grant and convey the same for any time or tearme, not exceeding nine yeares, unto any person or persons, that shall or will upon that Security, advance any present suu[m]me or suu[m]mes of money, for and towards the present repairing and amending of the said Highway, in the respective places and Countyes aforesaid, for the repayment of such principall suu[m]me or suu[m]mes of money soe lent with Interest for the same, or in case such suu[m]me or suu[m]mes of money cannot bee borrowed upon the Security aforesaid, for the repaire of the said Wayes, that then it shall and may bee lawfull to and for the said Justices, in their said severall and respective Countyes, at their severall Quarter Sessions, when they shall see cause, to make a Rate, not to extend to any other County but their owne, nor to repaire any other then the places aforesaid, in that particular County, where such rate is made, whereby they shall have power for their severall Countyes, to raise upon the Parishes, that lye in or neere the said Roade (and soe will have a benefitt therefrom) such suu[m]me or suu[m]mes of money, as they shall see fitt and convenient for the speedy effecting of the said Repaires before mentioned which said suu[m]me and suu[m]mes, soe to bee rated as aforesaid, shall bee paid to the Surveyors, for the respective County, where such Rate is made, or to their Receivor or Collector, to bee imployed for the repairing of the said Wayes and Places aforementioned and not otherwise, And in case any person, shall refuse to pay such rate soe to bee made, that it shall and may bee lawfull for the said Surveyors, or their said Receivors, and Collectors, to distreyne for such suu[m]me or suu[m]mes of money, and the distresse to sell, rendring the overplus to the Owners

VIII. Monies advanced by Towns to be repaid with Interest.

Provided alwayes and it is enacted by the Authority aforesaid That the said money soe advanced by the said severall Townes, in the said respective Countyes, shall againe bee repaid, with Interest, by the severall Surveyors, for the severall Countyes, as it doth arise out of the said Toll, every County paying for what is soe borrowed within its owne County, and no further.

IX. Persons refusing to act as Surveyors without lawful Excuse

Justices may fine, not exceeding £10.; may be levied by Distress.

And bee it further enacted by the Authority aforesaid, That if any person or persons, not having, any lawfull cause, to bee allowed as aforesaid, shall neglect or refuse, to take upon him or them the said Office of Surveyor, being thereunto nominated and chosen according as by this Act is appointed, or to doe or performe his or their duty, in the due and speedy execution of this [present (fn. 5) ] Act, the said Justices of the Peace for the severall and respective Countyes, where such Surveyor or Surveyors dwell, at their Quarter Sessions, shall and may hereby have power to impose, on such person or persons, soe refusing or neglecting, such Fine or Fines, (not exceeding Ten pounds, upon each person soe refusing or neglecting,) as to them shall seeme meet, and to cause the same to bee leavyed by distresse and sale of his or their Goods, rendring to the party so distreyned, the overplus, if any shall bee

X. Fines paid to Surveyors for repairing the Roads.

Surveyors dying, &c.; Two or more Justices may appoint others.; Such Persons refusing to act; Penalty.

And bee it further enacted by Authority aforesaid That all Fines or Forfeitures, to bee imposed or incurred by virtue of this Act, shall bee paid to the Surveyors for the time being, or any three of them, or the Treasurers of the said Surveyors for the said respective Countyes, for and towards the repairing of the said Highwayes and places aforesaid And in case of refusall, or if any person or persons soe chosen to take upon him or them the said Office, shall happen to dye, or shall for any lawfull impediment bee discharged from the said Office, that then some other fitt person or persons within that County, shall bee appointed by two or more Justices in the said County, living neere the said Highway and places aforesaid, in the place of him or them, that shall soe refuse, dye or bee discharged, and the person or persons soe chosen, shall, and are hereby required upon notice thereof to him or them given, under the hands and seales of the said Justices, by whom hee or they shall bee so chosen, to take upon him or them the said Office of Surveyor, and to execute the same in such manner and under such and the like penalties, as if hee or they had been chosen by the Justices at their Sessions of the Peace, in manner as aforesaid.

XI. In Actlions for executing Act,

General Issue may be pleaded.; Double Costs.

And bee it further enacted by the Authority aforesaid, That if any Suite shall bee coo[m]menced against any person for any thing done, in pursuance of this present Act, That in every such case, the Action shall bee layd in the said respective Countyes, where the Cause doth arise and not elsewhere, and the Defendant in such Actions so to bee brought, may plead the generall Issue, and give this Act and the speciall matter in evidence, at any Tryall to bee had thereupon, and that the same was done in pursueance, and by Authority of the said Act, And if it shall so appeare to bee done, and that such Action shalbee brought in any other County, That then the Jury shall finde for the Defendant, and upon such Verdict, or if the Plaintiffe shall bee nonsuited or discontinue his Action after the Defendant shall have appeared, or if upon Demurrer Judgment shall bee given against the Plaintiffe, the said Defendant shall have and recover his double Costs, and have the like remedy for the same, as any Defendant hath in any other case by Law

XII. No Double Toll.

Provided alwayes, That no person or persons, having occasion to passe any place where the Toll is taken, and returne the same day with the same Horse Coach Waggon, or other Carriage or with Cattell, shall bee compelled in the same day, to pay the said Toll a second time, Any thing in this Act to the contrary notwithstanding

XIII. Persons now chargeable still to remain so.

Provided also, That all and every person and persons, who by Law are chargeable towards the repairing of the said Highwayes and places aforesaid, shall still remaine soe chargeable, Any thing in this Act to the contrary thereof in any wise notwithstanding

XIV. Continuance of Act.

Provided also That neither this Act, nor any thing therein conteyned, shall extend to any further time, or bee of force any longer than the tearme of Eleaven yeares, to bee accounted from the passing of this Act Any thing in this Act to the contrary notwithstanding

XV. Proviso for Persons passing through Places appointed for receiving Tolls carrying Stones, Gravel, Hay, Straw, Corn, &c.

Provided alwayes That all and every person and persons, passing through the respective places appointed for the receiving of Toll as aforesaid (viz.t) at Wades-Mill for the County of Hertford at Caxton for the County of Cambridge and at Stilton for the County of Huntington, and coming imediatly and primarily to and from the severall Parishes of Standen Thundridge, Ware, and Bengeo, adjacent to Wades-Mill in the said County of Hertford, and Stowe, Great Papworth, Litle Papworth, Borne, and Elsley, adjacent to Caxton in the said County of Cambridge; and Yaxley, Washingley, Glatton, Cunnington, Waddon, and Stibbington, adjacent to Stilton, in the said County of Huntington, shall have a liberty to carry any quantity or quantityes of Stones, Sand, Lyme, or Gravell, Dung, Mould, and Compost of any nature or kinde whatsoever, Bricke Chalke or Wood, And that they, and all Carts, with Hay or Corne in the Strawe, at Hay time or Harvest, Plowes, Harrowes, and other Implements of Husbandry, and all other things whatsoever, imployed in the Husbanding [Stocking (fn. 6) ] and Manureing of their severall and respective Lands, in the said severall and respective Parishes, shall passe to and fro, through the said respective places, where such Toll is to bee received as aforesaid without paying any thing for their respective passing through the same, Any thing in this present Act to the contrary thereof in any wise notwithstanding

XVI. If Receivers, Collectors, &c. at the Expiration of 11 Years, have Money in Hand, they are to account for and pay the same to Justices.

Penalty,; recovered by Distress.; Quarter Sessions may dispose of such Monies and Penalties.

Provided also, and bee it enacted That if it shall happen, that at the end and expiration of the terme of the Eleaven yeares aforesaid, that the Receivor or Receivors Collector or Collectors, then in being, or any of them, of the aforesaid Tolls, or any part thereof, in all and every of the said Countyes, made and to bee made, shall upon their or any of their accounts, made and to bee made, for the severall and respective Receipts of the Tolls aforesaid, have any suu[m]me or sumes of money in [their or (fn. 6) ] any of their hands, more then they or any of them have expended as aforesaid, That then such Receivor and Receivors, Collector and Collectors, and every of them, shall bring in all and every suu[m]me and suu[m]mes of money so remaining in their or any of their hands, unto the Justices of the Peace of the said severall and respective Countyes, where such Receivor or Receivors, Collector or Collectors shall live, or have received the said severall suu[m]me or suu[m]mes, at the next Generall Quarter Sessions for the Peace, which shall happen to bee after their said severall Accounts, so to bee made as aforesaid, upon paine of forfeiting double the suu[m]me, which shall bee in their or any of their hands upon the said Account, which said suu[m]me and penalties shalbee recovered by distresse and sale of the parties Goods, so refusing to doe the same, by Warrant under the hands and seales of any two Justices of the Peace of the said severall Countyes, And that the said Justices of the Peace, at their said severall Quarter Sessions in their severall Countyes, are hereby impowered and enabled, to dispose of the said severall suu[m]me and suu[m]mes of money, and all the said Penalties, into the hands of such person and persons, and upon such Securityes as they shall approve of, to and for a Stocke for the repairing [of (fn. 6) ] the said severall Highwayes, according, to the intent and meaning of this Act, and not otherwise

XVII. Power to Justices for Huntingdon to name any Place other than Stilton for receiving the Toll.

Provided also and bee it enacted by the Authority aforesaid That if the Justices of the Peace for the County of Huntington, or any foure of them, dwelling next to the said High Road, shall adjudge some other place, more convenient then Stilton, for receiving the Toll for the said County That then it shall and may bee lawfull for the said Justices of Peace as aforesaid, to appoint some other place, upon the High Road, within their said County, to receive the aforesaid Toll, instead of Stilton, Any thing in this Act to the contrary notwithstanding,

XVIII. Proviso for Soldiers and Persons riding Post.

And that it shall and may bee lawfull for all and every Soldier and Soldiers, upon their March and all persons riding Post to passe through any the places in this Act mentioned, without paying any Toll

XIX. If before the Ex-piration of II Years Roads sufficiently amended, Tolls to cease in that County.

Provided also, That if at any time before the expiration of the Eleaven yeares aforesaid the said Highwayes. shalbee well and sufficiently amended and repaired, and so adjudged by the Justices of the Peace, at the Quarter Sessions, for their severall and respective Countyes aforesaid That then from and after such Adjudication made and Repayment of such moneys as shall have been borrowed, the aforesaid Toll [in the said County (fn. 6) ] shall cease and determine, Any thing aforesaid, to the contrary notwithstanding.