
Quarter Sessions to appoint a Surveyor of the Roads yearly; Notice to Persons appointed.; 
Surveyors to meet to survey ruinous Places, and take Order for repairing the same;
and certify to Quarter Sessions, who are to make Order thereon; Surveyors to require Carts, &c. to work in 	such Places; Surveyors to pay for working beyond limited Time; Two Justices may settle Rate of Payment.Whereas the Highway between Birdlipp and the said Top of Crickley Hill in the County. Gloucester and
the City of Gloucester being part of the ancient Highway and Post Road leading from the Citty of
London to Gloucester by reason of the great and many Loads that are weekly drawne through the same are become
very ruinous and almost impassable for att least Five Miles in length insomuch that itt is become dangerous to all
Persons that passe that way and for that the ordinary course appointed by the Laws and Statutes of this Realme
is not sufficient for the effectual repairing and amending the same neither are the Inhabitants of the several
Parishes in which the said ruinous Places in the said High-way and Roads doe lye of ability to repaire the same
without some other Provision be made for the repairing thereof 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 Spiritiual
& Temporal and Co[m]mons in this present Parliament assembled and by the Authority of the same That for the
surveying ordering repairing and keeping in Repaire the said several ruinous places in the said Road the Justices
of the Peace att the Quarter Sessions to be holden for the said County or any Five of them next after the First
Day of May One thousand six hundred ninety eight shall and may then and so from time to time in every Yeare
nominate and appoint a convenient number of sufficient and able Persons residing & inhabiting in the Parishes or
Places adjoining to the respective ruinous High-way and Road or any Part thereof so to be amended as aforesaid
to be the several and respective Surveyors of the respective Places aforesaid for the Yeare from thence next ensuing
and that the said Justices shall cause Notice to be given to the several Surveyors so chosen in Writing of their
said Choice which said Surveyors and every of them having no lawfull impedim[en]t to be allowed by the said Justices
by whom they shall be chosen in manner aforesaid or any Two of them within one Week next after such Notice
to him or them given of their Election shall and are hereby required respectively to meet in some convenient
place within their several and respective Divisions for the which they are respectively appointed Surveyors to the
Intent to Review and Survey the said respective ruinous places and consider the defects thereof and the best
Method and Means that can be used for the repairing the same & make their respective Certificates thereof to the
Justices of the Peace att the next Quarter Sessions to be held for the said County who thereupon shall and may
make such Order & Orders in and about the same as to them shall seem good which said Order or Orders so
to be made shall be by the said respective Surveyors and all other Persons concerned in putting this Act in
Execution duely observed & performed and the said respective Surveyors are hereby impowered to appoint and
require such Carts and Persons who are within the said adjacent Parishes from time to time to come and work
in the said respective Places as they shall think needfull for which the said respective Surveyors shall pay unto
such Labourers and to the Owners of such Teams Carts and Wains according to the usual Rate of the Countrey
in case they shall be required so to work beyond the times limitted by the Statutes now in force wherein if
any Difference happen the same to be settled by Two or more of the next Justices of the Peace which is to be
conclusive to all Parties.
II. 
And be it further enacted by the Authority aforesaid That where there is not sufficient Gravel Sand or
Stones within any Parish Towne Village or Hamlett wherein the said ruinous Places do severally lye to repaire the
same itt shall and may be lawfull for the said Surveyors in their several and respective Places and such Person
& Persons as they shall appoint to digg take & carry away any Gravel Sand or Stones out of the Wast or Co[m]mon
of any neighbouring Parish Towne Village or Hamlett without paying any thing for the same and where there is
not sufficient of such Materials in any Co[m]mons or Wast Ground thereunto neare adjoyning to digg in the several
Grounds of any Person or Persons (not being an House Garden Orchard Yard or Meadow or Avenue to an
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 Surveyors in their respective Places shall adjudge necessary for the said Reparac[i]ons without paying
any thing for such Materials save onely such reasonable satisfaction to the Owner or Occupier of the Ground
where the same shall be so digged and carried away as for the Damage hee or they shall thereby sustaine to
be assessed & adjudged by the said Justices of Peace att the Quarter Sessions for the said County in case of
difference concerning the same.
III. 

Rates of Toll; Persons required to pay such Tolls; Places appointed for collecting Tolls; Collector to give weekly Account to a Justice of Peace, upon Oath, to be returned to Quarter Sessions; Persons refusing to pay Toll; Collector may distrain, and detain Horse, &c. until Toll paid; together with Damages; Money received paid to Surveyor for mending Road.
And for defraying of the Charge in and about the Reparations to be done in the Places aforesaid Be it further
enacted That the said Justices of the Quarter Sessions aforesaid shall and may  choose and appoint One or more
fitt Person or Persons to be Receiver or Receivers Collector or Collectors of such Su[m]m or Su[m]ms of Money in the
Name of Toll or Custome to be paid for all such Horses Carts Coaches Waggons Droves and Gangs of Cattell as
in Time to come shall passe be led or driven in or through the said Way as are hereafter in this Act limitted (that
is to say) For every Horse One Penny For every Stage-Coach or Hackney-Coach One Shilling For every other
Coach Calash or Chariott One Shilling For every Waggon Six Pence For every Cart Six Pence For every Score
of Hogs or Pigs Three Pence and so for every greater or lesser Number proportionably not being under Five For
every Score of Oxen or Neat Cattell Eight Pence and so for every greater or lesser Number proportionably And that
from and after the passing of this Act all and every Person and Persons who shall travel with Horse Coach Cart or
Waggon or shall lead or drive any Oxen or other Cattell before mentioned in and through the High-way aforesaid
shall and are hereby required to pay unto the said Collector or Collectors Receiver or Receivers of Toll in that
behalfe from time to time to be appointed as aforesaid after the Rates aforesaid the Place for collecting the said Toll
to be in some convenient Part or Place upon the said Highway betweene the Town of Birdlipp and City of Gloucester
aforesaid by setting upp a Turnpike or Gate Turnpikes or Gates or otherwise as the Justices of the Peace for the
said County or any Five of them shall appoint And further also That every Receiver or Collector appointed by the
said Justices shall if required give in a Weekly Account upon Oath unto one or more Justices of the Peace who are
hereby impowered to administer the same which said Account shall be duely returned to the Justices att the Quarter
Sessions who shall examine the same and make such Order therein as to them shall seem meet according to the
true meaning of this Act And in case any Person or Persons upon Demand made of Toll aforesaid by the Collector
or Receiver in that behalfe appointed shall refuse or neglect to pay the same that then it shall and may be lawfull
to and for the said Collector or Receiver to distraine & detaine such Horse Cart Coach Calash Chariot Waggon Oxen
Hogs and other Cattle before mentioned until the said Toll shall, be satisfied and paid according to the Tenor of
this present Act together with such Damages as the Party or Parties so distraining shall sustaine in and about the
making of the said Distresse or by the keeping thereof, which said Money so to be received shall be paid to the
respective Surveyor or Surveyors for and towards the mending of the said ruinous Places in the said High-ways
according to the true meaning hereof & not elsewhere.
IV. 
Surplus of Money to be paid to Successor.; Allowance to Surveyor, &c.;
				Collector not paying to Surveyor, or Surveyor not accounting; Quarter Sessions, upon Confession of Party, or Oath of Two Witnesses, to proceed; Imprisonment until Account and Payment.

And be it further enacted by the Authority aforesaid That the said Surveyors & every of them att the Quarter
Sessions next after the Determination of the Yeare for which they were chosen shall give an Account to the
Justices att the said Quarter Sessions in Writing of all such Moneys as have been received by them and of all
Disbursements made by them to the end that if there shall be any Overplus of the Money by them received the
same may be paid to the Surveyors chosen or to be chosen for the Yeare ensuing to be by them disbursed
towards amending the said Highway or repaying such Persons who shall beforehand lend Money thereto and not
otherwise which said Justices shall out of the Benefitt of the said Toll make such reasonable Allowance to the said
Surveyor or Surveyors for their Care and Pains in executing the said Offices and to such other Persons as shall
have been asisting in amending the said Highways or advancing or laying out Moneys in relation thereunto as to
them shall seem meet And in case the Collector or Receiver of the aforesaid Toll shall not upon request duely
pay the same unto the said Surveyor or Surveyors for the time being or in case the said Surveyors or any of
them shall not make such Account and Payment unto the several Person and Persons according to the Order
Direction & Appointment of the said Justices as aforesaid that then the said Justices att any Quarter Sessions to
be holden for the said County shall make enquiry concerning such Default as well by Confession of the said
Parties themselves as by Testimony of two or more credible Witnesses upon Oath which Oath they are hereby
impowered to administer and if any Person or Person shall be thereof convicted the said Justices upon such
Conviction shall co[m]mitt the Party or Parties so convict to the co[m]mon Goal of the said County there to remayne
without Bayl or Mainprize until hee or they shall have made a true and perfect Account and Payment as aforesaid.
V. 
Surveyor, on Order of Five Justices, may mortgage the Tolls, pursuant to 3 & 4 W.& M.c.12. and any other Act, by Indenture, as herein mentioned, for a Term not exceeding Fifteen Years; Money so advanced distributed by Quarter Sessions.
And forasmuch as the Moneys so to be collected by such Receipt of the said Toll may not att present raise
such a Stock or Su[m]m of Money as may be sufficient for the speedy repairing of the said Highway itt is hereby
further enacted That the said Surveyor or Surveyors are hereby enabled by Order of the Justices of the said
County or any Five of them to ingage the p[ro]ffitts ariseing by the said Toll and a Levy made upon the Parishes
in which the said High-way or any Part thereof doth lye pursuant to an Act made in the Third and Fourth
Yeare of His Majesties Reigne intituled An Act for the better repairing and amending the Highways and for
settling the Rates of Carriage of Goods or by any other Act whatsoever for such Su[m]m or Su[m]ms of Money by
him or them to be borrowed for that Purpose and by Indenture under the Hands and Seales of the said
Surveyor or Surveyors for the time being to transferr the said Proffitts of the said Toll and Levy and to grant
and convey the same for any Time or Terme not exceeding Fifteene Yeares unto any Person or Persons that
shall or will upon that Security advance any present Su[m]m or Su[m]ms of Money so lent with Interest for the same
which said Money so advanced shall be distributed by the Justices att the Quarter Sessions or any Persons giving
Security to the said Justices to repaire and amend the said High-way in the Proportions and for the Purposes
aforesaid and not otherwise.
VI. 
Quarter Sessions may fine them; Fine levied by Distress; Persons appointed by Two Justices to serve in the Room of Surveyor dying, liable to the said Provisions.
And be it further enacted by the Authority aforesaid That if any Person or Persons not having any lawfull
Excuse to be allowed as aforesaid shall neglect or refuse to take upon him or them the said Office of Surveyor
being thereunto nominated and chosen as by this Act is appointed or to doe or performe his or their Duty in
the due and speedy Execution of this Act the said Justices att their Quarter Sessions shall and have hereby
full Power and Authority to impose upon the Person or Persons so refusing or neglecting such Fine or Fines
upon each Person not exceeding Five Pounds as to them shall seem meet and to cause the same to levied by
Distresse and Sale of the Goods of the Person or Persons so refusing or neglecting rendering to the Party
the Overplus if any shall be and then and in such Case or in case of the Death of any of the said Surveyors
some other Person or Persons shall be appointed by Two or more Justices of the Peace that live neare to
the Party or Parties so dying refusing or neglecting and such other person or Persons so to be appointed by the
said Justices are hereby required to execute their said Offices in such manner and under such Penalties as if they
had been chosen by the Justices att their Sessions of the Peace as aforesaid.
VII. 
And be it further enacted by the Authority aforesaid That all Fines and Forfeitures to be imposed by this
Act shall be paid to the Surveyor or Surveyors for the time being for and towards the repaireing of the said
ruinous Places in the said High-wayes according to the true Meaning of this Act.
VIII. 
Double Costs.
And be it further enacted by the Authority aforesaid That if any Suit shall be co[m]menced against any Person
for any thing done in pursuance of this Act that in any such Case the said Action shall be laid in the said
County of Gloucester and not elsewhere and the Defendant in such Action may plead the General Issue and
give this Act and the special Matter in Evidence att any Tryal to be had thereupon and that the same was done
in pursuance and by the Authority of the said Act and if itt shall soe appeare to be done or that such Action
shall be brought in any other County that then the Jury shall find for the Defendant and upon such Verdict
or if the Plaintiff shall become nonsuit or discontinue his Action after the Defendant shall have appeared or if
uppon Demurrer Judgment shall be given against the Plaintiff then the Defendant shall have and recover his
double Costs & Charges and have the like Remedy for the same as any Defendant hath in other Cases by Law.
IX. 
Proviso for Persons coming From adjoining Parish with Stones, &c.; Carts, &c. with Hay not sold, or going to Market, &c. to pass Toll free; and Soldiers, Baggage Waggons, Persons travelling Post.
Provided always That no Person or Persons having occasion to passe where the Toll is taken and returne the
same Day with Coach Waggon or other Carriage or with Cattle shall be compelled the same Day to pay the
said Toll a Second Time And further also that all and every Person and Persons passing through the Place
appointed for receiving the Toll aforesaid and coming from any Parish next adjoining to the said Road shall have
a Liberty to carry any Quantity of Stones Lime or Gravel Dung Mould or Compost of any nature or kind
whatsoever And that all Carts with Hay nott sold or going to any Markett or Corne in the Straw att Hay time
or Harvest Ploughs Harrows and other Implements of Husbandry and Stock of Cattle belonging to the Lands
of the respective Parishes shall passe to and fro through the said Place where the said Toll is to be received as
aforesaid without paying any thing for their respective passing through the same And that it shall also be lawfull
for all and every Soldier and Soldiers upon their March and all Carts Waggons and Coaches attending them &
all Persons Riding Post to passe through the said Place without paying any thing for their passing Any thing
contained herein to the contrary in any wise notwithstanding.
X. 
Provided also That all and every Person & Persons who by the Law are chargeable towards the repairing
the said Highways shall still remaine chargeable and shall doe their respective Works in the Highways as before
they were by Law to doe Any thing aforesaid to the contrary thereof notwithstanding.
XI. 
If ruinous Places repaired before Expiration of Term, and Monies borrowed repaid, Toll to cease.
Provided also That this Act nor any thing therein contained shall extend to any further time or be in force
any longer than the terme of Twenty Yeares to be accounted from the Foure and twentieth Day of June One
thousand six hundred ninety eight And also that if att any time before the Expiration of the said Terme aforesaid
the ruinous Places in the said Highways shall be sufficiently amended and repaired and so adjudged by the Justices
of the Peace of the said County att their Quarter Sessions that then from and after such Adjudication made &
Repayment of such Moneys as shall have been borrowed the aforesaid Toll shall cease and determine Any thing
herein contained to the contrary thereof notwithstanding.
XII. 
And to the end the Passengers who pay the Toll by virtue of this Act may be secured to receive benefitt
by the said Highway being putt in sufficient Repaire Be it further enacted by the Authority aforesaid That no
Turnpike shall be erected nor Toll demanded by virtue of this Act until sufficient Security shall be given by
able and sufficient Persons to the Justices of the Peace or any Five of them att the Quarter Sessions of the Peace
held for the County of Gloucester that the said Highway shall within Five Yeares be sufficiently repaired &
amended Any thing in this Act to the contrary in any wise notwithstanding.
XIII. 
If Toll and Levy not sufficient, Persons so giving Security may make further Assessment; Distress; Persons giving Security not executing, this Act, Penalty.
And to the end the Persons so giving Security may be the better enabled to repaire & amend the said Highway
Be it further enacted by the Authority aforesaid That the said Persons so giving Security shall have full Power
and Authority and are hereby required to levy for the space of Twenty Yeares from and after the Foure and
twentieth Day of June One thousand six hundred ninety and eight the Su[m]m of Six Pence in the Pound together
with all the Arreares thereof on all the Parishes in which the said Highway or any part thereof doth lie towards
the repairing the said Highway and that they cause to be done and performed by the Parishioners within the said
Parishes all such things as are required to be done and performed by an Act made in the Third & Fourth
Yeares of His Majesties Reigne intituled An Act for the better repairing and amending the Highways and for
settling the Rates of Carriage of Goods or by any other Act whatsoever And in case the Toll required to be
collected by this Act together with the Su[m]m charged on the said Parishes shall not be sufficient to putt the said
Highway in sufficient repaire within the time limitted by this Act the said Persons so giveing Security have hereby
full Power & Authority to cause to be assessed levied and collected the Su[m]m of Two Pence in the Pound on
the Hundred and Hundreds in which the said Highway or any part thereof doth lie which said Assessments of
Two Pence in the Pound shall be levied by Distresse and Sale, of the Goods of the Person so assessed (not
paying the same within Ten Days after demand) rendring to the Owner the Overplus if any shall be and in case
the said Persons so giving Security shall neglect or refuse to doe and performe what is required by virtue of
this Act to be done and performed by them they shall forfeit for such their Offence the Su[m]m of One hundred.
Pounds every Yeare to such Person or Persons who shall sue for the same.
XIV. 
And to the end the designe of this Act may no ways be evaded Be it further enacted by the Authority aforesaid
That such Persons having so given Security in case the said Highway shall not be sufficiently repaired or certified,
so to be by the Justices of the Peace for the County of Hereford or any Ten of them under their Hands and
Seales by the time for which Security was given it should be so repaired & amended over and above the Su[m]m
or Su[m]ms they shall be bound for shall forfeit the Su[m]m of Five hundred Pounds One Moiety thereof to be applied
to the repairing and amending the said Highway the other Moiety thereof to such Person or Persons who shall
sue for the same by Action of Debt Bill Plaint or Information in any of His Majesties Courts att Westminster
wherein no Essoigne Protection or Wager of Law shall be allowed nor more than one Imparlance.
XV. 
Toll not to be demanded unless Security approved by Five Justices for County of Hereford.
And forasmuch as most of the Persons liable to pay the Toll by virtue of this Act are not Inhabitants of
the County of Gloucester and that other Counties (& especially the County of Hereford) are greatly chargeable
therewith the said Highway being the Road from the several Parts of the said County to the City of London
Be it therefore enacted by the Authority aforesaid That the Toll shall not be demanded by virtue of this Act
unlesse the Security given to the Justices of the Peace att the Quarter Sessions for the County of Gloucester or
any Five of them shall be approved of by Five Justices of the Peace for the County of Hereford under their
Hands and Seales Any thing in this Act to the contrary notwithstanding.