STREETS.

1611

structive to pavements of any kind, and particularly to those
newly made, than the carrying large and excessive burthens in
^carriages, the felloes of the wheels whereof are of small breadth,
whereby the stones of such pavements are loosened and torn
up, and the pavements themselves in a great measure ruined ;
for remedy whereof, Be it enacted, that no wagon, wain or
cart, whatsoever, belonging to any person whatsoever, residing
or inhabiting within the said town, or within three miles of the
said town, shall travel, pass or be drawn, on any of the paved
parts of the said town, with any greater number of beasts of
draught than three if a four-wheeled carriage, and if a two-
wheeled carriage with any greater number of beasts of draught
than two, unless the felloes of such wheels shall be of the
breadth or gauge of four inches from side to side at the least;
and that no such wheeled carriage belonging to persons resid-
ing as aforesaid, shall travel or be drawn in the said town, with
or by any number of oxen whatsoever, unless the felloes of the
wheels thereof shall be of the breadth or gauge of four inches
from side to side at the least, carts with one horse, stage and light
travelling wagons for passengers excepted; and that every owner
or owners of such wheel carriage, which shall pass or be drawn
contrary to the directions and meaning of this act, shall, for
every such offence, forfeit and pay the sum of five pounds, or
otherwise shall forfeit any one of the beasts of draught drawing
such wheel carriage, (excepting the draught or thill horse,) to-
gether with the gears, bridles, halter and other accoutrements,
to such beast of draught belonging.
See 1S07, ch. 116, post 1614.

SEC. 33. And be it enacted, That the person or persons
making such seizure or distress as aforesaid, shall deliver the
horse or ox so seized and distrained, with the accoutrements, into
the custody of some one of the constables of said town, and every
such constable is hereby required to take and receive and safety-
keep the same, till the person or persons making such seizure
shall make proof upon oath or affirmation before some justice
of the peace, before whom such proof shall be made to their
satisfaction, is hereby empowered and required to issue his pre-
cept to such constable, to sell and dispose of the beast so for-
feited, with the accoutrements, at public auction or vendue, first
giving due notice of such sale, and the money arising therefrom,
the said constable shall pay, one moiety thereof to the party or
parties so seizing and distraining the said beast, and the other
moiety to the special commissioners, or the treasurer, to be ap-
plied towards paving the streets, after deducting from the whole
such reasonable charges as the justice shall allow; but in case
no such proof shall be be made within twenty-four hours after
such seizure, that then such beast shall be returned to the owner
or owners thereof without any costs or expenses.

Beasts
seized to
he delivered
&c.