Selected quad for the lemma: act_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
act_n	law_n	parliament_n	repeal_v	2,928	5	12.0628	5	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A50662	A guide to surveyors of the high-ways shewing the office and duty of such surveyors, with several cases and resolutions in law relating to the same : collected and gathered out of publick acts of Parliament now in force, and out of the year-books, and other books of the municipal laws of this kingdom : with an abridgment of the statute of 22 H. 8 Chap. 5 for the repairing of bridges, with cases relating thereunto : and likewise a summary of the statutes made for paving, cleansing &c., streets, lanes, &c., in London and other towns and places, and an abstract of statutes made for the repairs of high-ways and bridges in particular places, methodiz'd into short chapters for the ready finding out any matter contain'd in the book / by G. Meriton, Gent.	Meriton, George, 1634-1711.	1694 (1694)	Wing M1799; ESTC R23533	92,726	194

Char. II. they shall not make sa●isfaction for any Robbery committed ●pon Persons travelling upon Sunday ●ut it is at the peril and loss of the Parties travelling if they be robb'd ●pon a Sunday Now having opened the Ways and ●leared the Passage I shall proceed to ●ntroduce the Officers CHAP. II. Who are to be Surveyors of the High-ways and how and by whom to b● chosen and when and what Forfeiture for refusing to take the Offic● upon them and how to be levied an● disposed of I Find no mention made in our Law● Rosinus Rom. An. tiq lib. 7. p. 300. Dalt J. P. ch 50. f. 97. of the Surveyors of High-ways 〈◊〉 about one hundred thirty eight year● ago Anno 2 and 3 P. and M. Bu● Rosinus tells us that the Senate 〈◊〉 Rome in ancient time took great ca●● in making and amending of the●● Ways as well within as without th● City Maxima saith he pris●● temporibus Senatus diligentia fuit f●ciend● sarciendisque viis tam infr●quam extra Urbem And the ca●● of these Ways was first committed 〈◊〉 the two Censors who were called 〈◊〉 Fenest de Magistr Rom. cap. 17. Godwins Rom. Antiq. lib. 3. sect 2. ch 5. a Censendo because they assessed an● valued every Mans Estate and too● notice how every Man lived and carried himself and were reputed of th● best Rank of Magistrates in Rome But these Magistrates being too much busied with their other Imployment they chose others whom they called quatuor viros viarum curandarum the four Overseers of the High-ways but the number of their ways increasing particular Ways had particular Surveyors appointed who were called curatores viarum which Caesar Augustus made an Ordinary Office to which Office our Surveyors of the High-ways now answer so that this Office hath been of great Antiquity By the Statute of the 2 and 3 of 2 3 P. M●ch ● St at large printed 1587. f. 289. Poulton Abr. Penal St. High-ways 1. Keb. St. printed 1684. f. 740. sect 2. Wingate sect 5. High-ways King Philip and Queen Mary it is ●enacted That the Constables and Church-wardens of every Parish with●n this Realm shall yearly upon the Tuesday or Wednesday in Easter Week call together a number of the Parishi●●ners and then elect and chuse two honest Persons of the Parish to be Surveyors and Orderers for one Year of the Works for amendment of ●he High-ways in their Parish leading ●o any Market-Town the which Per●ons shall have authority by virtue of ●he said Office to order and direct the Persons and Carriages that shall be appointed for those Works by their dis●etions and the said Persons so named ●hall take upon them the execution of ●heir said Offices upon pain every of them making default to forfeit twenty But novv by the St of the 3 4 of K. Will. and Q. Mar. the penalty is 5 ● shillings But the Statute of the 22d of King Charles the Second appoints that the 22 Car. 2. ch 12. Keb. ibid. f. 1396. sect 12. Wingate sect 39. High-w●ys Surveyors and Orderers of the Work for the amendment of the High-ways within their respective Parishes shall be yearly chosen and nominated by such Persons as by the Act made in the 2 and 3 years of King Philip and Queen Mary is appointed that is 〈◊〉 the Constable and Church-wardens 〈◊〉 every Parish calling together a number of the Parishioners upon som● day in the same week that the Feast 〈◊〉 the Birth of our Lord commonly called Christmas shall be which Person so nominated and appointed shall tak● upon them the said Office upon pai● of incurring the Forfeiture mentione● in the other Act of Parliament 〈◊〉 that this Statute of 22 Car. 2. see●● to repeal that Clause of 2 and 〈◊〉 P. and M. Quoad tempus sed n●● quoad modum as to the time of th● Election of these Officers but n●● to the manner and form of the●● choice And now by the Statute of the thi● ● 4 K. Will. ● Mar. ch 12. and fourth years of their present M●jesties Reigns King William and Quee● Mary which is the Law now to be observed it is enacted That the Constables The time and form of chusing Surveyors according to the Laws now in force Headboroughs Tythingmen Churchwardens Surveyor or Surveyors of the High-ways and Inhabitants in every Parish shall assemble together upon The Constables Surveyors c. of every Town Liberty and Precinct within the Parish are to assemble and make a List and return it or every of them neglecting forfeit 20 s. as appears by another Clause in this Act. See p. 18. the six and twentieth day of December every Year unless that day shall be Sunday and then on the seven and twentieth and the Major-part of them as are so assembled shall make a List of the Names of a competent number of the Inhabitants in their Parish who have an Estate of ten pounds by the Year in Lands Tenements or Hereditaments Who are to be Surveyors and how qualified either in their own Right or their Wives or are worth an hundred pounds in personal Estate or farm thirty pounds by the Year in Houses Lands Tenements or Hereditaments if there be any such or if there be no such Persons in the Parish then they are to make a List of the most sufficient Inhabitants of the said Parish This List thus made must be returned A List to be returned to the J ● at private Sessions and when to be held unto two or more Justices of the Peace in or near the Division of the County in which their Parish lies at a Special Sessions to be held by the said Justices for that purpose within the said Division on the third day of January next following unless it shall happen on a Sunday and then to be the fourth of the same Month or within fifteen days after of the time Notice to be given before the holding of the special Sessions of the time vvhen and place vvhere and the Justices forfeit 5 ● If they neglect to keep such a Sessions or to put this Act in execution and place of holding of which said Special Sessions the Justices must give ten days notice at the least before the holding thereof to the Constables Headboroughs Tythingmen Church-wardens and Surveyors of the High-ways of every Parish within the said Division and then and there the said Justices by Warrant under their Hands Justices of Peace to nominate the Surveyors and Seals shall nominate and appoin●● out of the said Lists one two or mo●● at their discretions of such Persons as they think fit being of like sufficiency as aforesaid to be Surveyor o● Surveyors of the High-ways of every Parish within the Division or for an● Hamlet Precinct Liberty Tything or Town therein for the Year ensuing And the Person or Persons so nominated Persons named to have notice and appointed within six days afte● are to be

served with the said Warran●● or Warrants or the same or a tru● Copy thereof must be left at his 〈◊〉 their Houses or usual places of Abod●● by the Constables Headboroughs Tythingmen Churchwardens or Surveyors of the High-ways for the tim● being or some of them and from thenceforth the Person or Persons so nominated and appointed shall be Surveyor or Surveyors of the High-ways for the Year following for the place for which he is so nominated chosen and appointed and shall take the Office upon him or them and duly execute the same according to the Laws made for the enlarging amending and repairing of High-ways And if the Persons so nominated Forfeiture for refusing the Office or neglecting the same and served with the said Warrant do refuse or neglect the Office he or they so refusing and neglecting shall forfeit five pounds to be levied on his or their Goods and Chattels by distress and sale of them by Warrant under the Hand and Seal of two or more Justices of the Peace of the same Division or in default thereof of any Neighbouring Justices of the Peace for the same County which Warrant the said Justices Quare who shall serve the Warrant and make distress and sale for no Officer is named are impowred and required to make upon information of any one credible Witness upon Oath one moiety to go to the Informer and the other moiety to the Repairs of the High-ways of the same Parish rendring the overplus if any be to the Owners Charges of the Distress and Sale being first deducted And in case Upon refusal of the Office J. to appoint others of such neglect or refusal as aforesaid the said Justices are to nominate and appoint some other fit Person or Persons to perform the said Office who upon notice given as aforesaid are to take the Office upon him or them and upon neglect or refusal thereof to forfeit five pounds to be levied and disposed of as aforesaid and if the Constables Forfelture for not returning a List of Names Headboroughs Tythingmen Church-wardens and Surveyor or Surveyors of the High-ways of any Parish Town Liberty or Precinct or some of them do not return such List of Names as aforesaid every of them so neglecting shall forseit twenty shillings to be levied in the manner and imployed to the uses aforesaid And if any Surveyor of Penalty for neglect after the acceptance of the Office the High-ways after his acceptance of the Office neglect his Duty in any thing required of him by the Statute of the third and fourth Years of their Majesties Reigns King William and Queen Mary Chap. 12. He shall for every such Offence forfeit forty shillings to be levied and disposed of as is aforesaid but all Persons for any Offence Offences to be prosecuted within six months and those punished by this Act to be punished by no other Law against this Statute are to be prosecuted within six months after the Offence committed and such Persons who are punished for any Offence by this Act shall be punished by no other Law for the same Offence Surveyors during the time of their Surveyors not putting the Acts of Parliament in execution to be fined by the Justices 3 4 K. Will. Q. Mar. continuance in their Office are to cause the several Acts of Parliament in force made for repairing and amending of High-ways to be put in execution within the Limits of their respective Parishes and Places and the penalties thereby imposed to be levied and disposed of as by the said several Acts is directed and upon refusal or neglect thereof upon complaint made to any Justice of the Peace of the Place or Division where such neglect shall be proved to be done and conviction of the Parties by the Oath of any one credible Witness before the said Justice or upon the view of the Justice himself they shall incur such penalty as the Justice shall think fit to impose not exceeding forty shillings for one Offence the same Fine to be levied by Fines by whom to be levied and how to be disposed of the High-Constable of such Place or Division or any other Officer by Warrant under the Hand and Seal of such Justice of the Peace upon the Goods and Chattels of the person so offending rendring the overplus to the Owner thereof all necessary Charge in the levying the same being first deducted to be imployed for the amending the High-ways of the Parish or Place where such neglect shall be found as the said Justice or Justices shall appoint for the doing thereof CHAP. III. What things are first to be done by the Surveyors of High-ways after they have taken the Office upon them and within what time an● under what penalty and how to be levied and disposed of THE Constables and Churchwardens 2 3 P. M. ch 8. Wing Bridges sect 5. of every Parish with such of the Parishioners as did in Easter Week make choice of their Surveyor● for their High-ways were at the same time to appoint four days for amending Then by the Stat. of 5. Eliz. ch 131. six days were to be appointed in manner aforesaid Wing Highways sect 14. their High-ways betwixt that time and Midsummer-day next following and publick notice of the said four days was to be given in the Church the Sunday next after Easter but by the Statute 22 Car. 2. this Clause is altered in all particulars 1. As to the Parties that are to appoint the days 2. As to the time and place of giving notice 3. As to the number of the days And 4. As to the time of the year The Surveyors of the High-ways How many days Surveyors are to appoint 22 Car. 2. ch 12. having taken the Office upon them are to appoint six days for the providing Wingate sect 39. High-ways of Stones Gravel and other Materials for the amendment of and for working in the High-ways having respect to the Season of the Year and the Weather and giving notice publickly some convenient time before the several days at which days all persons liable to the said Work shall attend and work accordingly And in such places Within what time the publick or common days works are to be performed 22 Car. 2. ch 12. Keb. St. f. 1394. sect 3. Wingate sect 33. High-ways where the High-ways cannot be sufficiently amended before the Feast of the Nativity of St. John Baptist yearly the same may and must be sufficiently amended before the Feast of St. Luke yearly without incurring any penalty for the not doing thereof before the said Feast of the Nativity of St. John Baptist according to the former Act And this is the Rule that is now to be observed And every Surveyor of the High-ways Within what time Surveyors are to view all their Ways c. 3 4 W. M. ch 12. is within fourteen days after his first acceptance of the said Office and so from time

Let this Book be Printed Oct. 20. 1693. G. Treby A GUIDE TO SURVEYORS OF THE High-Ways SHEWING The Office and Duty of such Surveyors with several Cases and Resolutions in Law relating to the same Collected and gathered Out of publick Acts of Parliament now in force and out of the Year-Books and other Books of the Municipal Laws of this Kingdom With an Abridgment Of the Statute of 22 H. 8. Chap. 5. for the repairing of Bridges with Cases relating thereunto And likewise a Summary Of the Statutes made for Paving Cleansing c. Streets Lanes c. in London and other Towns and Places And an Abstract Of Statutes made for the Repairs of High-ways and Bridges in particular Places Methodiz'd into short CHAPTERS for the ready finding out any Matter contain'd in the BOOK By G. Meriton Gent. Non nobis solum nati sumus sed partem Parentes partem Amici partem Patria vindicant LONDON Printed by W. Rawlins and S. Roycroft Assigns of Rich. and Edw. Atkins Esquires For A. and J. Churchill in Pater-noster-Row and Fr. Hillyard Bookseller in York 1694. The Dedication To the much Honoured Sir Marmaduke Wyvil Sir William Strick ●and Sir Brian Stapleton Sir William Franck ●and Sir Henry Marwood Sir William Caley Sir Mark Milbanck Sir Christopher Wandes●ord Sir Thomas Pennyman Sir William Chaytor Sir Edward Blacket Sir Charles Ho●ham and Sir William Robinson Baronets And to the Honoured Sir Barrington Bourcher Sir William Hustler Sir Henry Bellasis Sir Rich. Osbaldaston Sir William Bowes Sir Jonathan Jennings and Sir Abstrupus Danby And to the Worshipful Will Palmes Tho. York Will. Thompson ●eon Smelt John Wastal Rich. Pierce Tho. ●ascelles Charles Tankred Tho. Worsley ●dw Thompson John Lowther Tho. Lang●ey Tho. Hesletine John Hill Jun. John Gib●on Rich. Stains Roger Talbot John Bealby ●ohn Smelt John Hutton Tho. Pullein Rob. Waters * Henry Metcalfe * Tho. Gower ●ich Darley * James Mountain Constable ●radshaw * Tho. Wakefield Tho. Strange●ayes * Luke Robinson Francis Wyvil An●hony Wharton Will. Pennyman John Hop●on and * Tho. Saunders Esquires Their Maje●●ies Honoured and Worthy Justices of the Peace 〈◊〉 the North-Riding of the County of York Honoured and Worthy Sirs THE drowsie Heads of the slumbring Sta●utes made for the repairing and amendment of High-ways being now rowsed up which Laws for some time by-past have seem'd to be as it were seised on with a Lethargy and the High-ways for lack of putting the Laws in Execution were grown so foundrous as the Law terms it and so extreamly bad that the Owners and Occupiers of Lands in most Places have been necessitated to suffer their Fences to lie down and to permit People to travel over their inclosed Grounds to the private Damage of such particular Persons and the publick Loss and Damage of the whole Country in the decay of Commerce and Trade by reason of the impassableness of the High-ways But since the evigilating and exuscitating of the former Statutes backt with the new Laws of their Majesties KING William and QVEEN Mary the Country People in most Places have set themselves to labour more effectually in the repairing and amending of their High-ways than they have usually done formerly But notwithstanding their Activeness more than heretofore yet they are very defective in the Measures taken about their Repairs in most Places which is principally occasioned through the ignorance of Surveyors of the High-ways in the Duty and Authority of their Office for although your Worships have given these Officers printed Directions and do also acquaint them by Parol Instructions yet many of them are so stupid and dull of Apprehension that unless a thing be reiterated over and over and over again they either cannot or will not apprehend it Therefore I conceived that some little methodical Pocket-Book of the Laws now in force about High-ways might be especially at this juncture of time serviceable to the Country So having set some vacant Hours apart for that purpose and bestowed some little Pains therein I have methodized the product of my Barren Genius into the Vnpolished Form it now appears in and do pardon my Presumption humbly dedicate it to your Worships not at all conceiving or imagining that it can in the least better the Knowledge of any of your Worships in the Matters handled therein But considering that a Prophet is not without Reward but in his own Country and suspecting that this rude and indigested Pamphlet and its Auchor may not only fall under the hard Censure of some but also meet with th● Scoffs and Slights of others I do therefore the better t● secure and defend my Sel● and it against such Contumelies and opprobrious Receptions take Asylum under the Protection of your Worships and do not only hope but humbly crave you will no●deny Tutelage to him who is Gentlemen Your Worships very Humble Servant G. Meriton TO THE READER CAndid and Ingenuous Reader for so I wish thee to be their Majesties Justices of the Peace appearing now more vigorous and active than usual in putting the Laws in Execution for the amending and repairing the High-ways and many that are called to the Exercise of the Office of Surveyors of the same being ignorant in the extent of their Office and the Power and Authority thereof and the Inhabitants in most Places taking advantage of their Officers Deficiencies in the Knowledge of the Power of their Authority are so remiss in the discharge and performance of their Duties about the amending and repairing their High-ways that the Work is performed very negligently and the Intention of the Laws made for that purpose are tho' not wholly yet in a great measure frustrated To the end therefore that the Surveyors may be the better instructed in the Power and Authority of their Office and the People may learn and know their Duties I have collected this small Abstract of the Laws now in force relating to High-ways and divided the Book in twenty short Chapters under proper Heads for the more easie and ready finding out of any thing comprised therein and being but a small Pocket-Book any one may have it ready at hand to resolve their Doubts and Quaeries And to the end that it may be of general Use and serviceable in all Places and upon all Occasions as well for the Repairs of Bridges other Repairs as for the High-ways I have therefore added an Abridgment of the Statute of 22 H. 8. ch 5. made for the amending and repairing decayed Bridges and of the Statutes made for Paving Repairing and Cleansing of the Streets Lanes and Allies in the Cities of London and Westminster and the Liberties thereof and for several other Towns and Places with divers other Matters relating to the said Places and likewise the Statutes for repairing the Northern Post-Road in the County of Hertford and taking Toll at Wades Mill in the said County lately revived by an Act of Parliament made in the 4 and 5 Years of their Majesties Reigns And lastly An Abstract of

And if a Bishop Prior Abbot c. And 10 E. 3. f. 28 29. 27 Ass pl. 8. Co. ● Inst f. 700. Co. 1● lib. Rep. f. 33. their Predecessors time out of mind have repaired a Bridge out of Alms or Charity or Good-will this shall bind them to repair it but if it hath been but for once or twice within Memory it bindeth not and yet it is Evidence against them till they prove the contrary If a Man make a Bridge for the 8 H. 7. f. 5. b. Co. 2 Inst f. 701. good of all their Majesties Subjects he is not bound to repair it by the Common Law but either Ratio●● Tenurae or Praescriptionis and no●● can be compelled to make new Bridge where never any were before but 〈◊〉 Act of Parliament But if a Man 〈◊〉 ●olls Ca. 1 p. 368. a Mill for his own singular Profit an● make a new Cut for the Water 〈◊〉 come to it and make a new Bridg● over it and the People use to go over 〈◊〉 as over a common Bridge this Bridg● ought to be repaired by him whi●● hath the Mill and not the County because he built it for his own Benefit 8 E. 3. B. R. Adjudged for 〈◊〉 Bridge and Channel-Bridge against 〈◊〉 Prior of Stratford and it is now repaired by the City of London whi●● hath the Mill. This Act of 22 H. 8. extends 〈◊〉 22 H. 8. ch 5 Co. 2 Inst f. 701. to common Bridges in the Kings High-ways which are broken to the damag● of their Majesties Liege People and 〈◊〉 to private Bridges to Mills or the like and therefore the Indictment upon 〈◊〉 Statute saith Quod pons publicus 〈◊〉 communis situs in alta Regia Via super flumen seu cursum Aquae c. 〈◊〉 common publick Bridge set in 〈◊〉 Kings High-way over a River or Water sewer c. And for the better Warrant Co. ibid. f. 703. of the Justices when it cannot b● proved who own to repair such Bridges 〈◊〉 hath been gravely advised saith my Lord Cook That the Justices make inquiry by the Grand Inquest of the Body of the County at the General Quarter-Sessions who ought to repair the Bridges and if that cannot appear upon any proof made then to find that the Bridge is in decay c. And to conclude their Presentment How the 〈◊〉 Jury are to conclude their Presentments for decayed Bridges Co. ibid. f. 703. Et ulterius Juratores praedicti praesentant quod prorsus nescitur quae personae quae Terrae sive Tenementa aut Corpora Politica eundem pontem aut aliquam inde parcellam ex Jure aut antiqua consuetudine rerare debent seu consueverunt And the said Jurors do farther present that it cannot be known what Persons Lands or Tenements or Body Politick of Right or by ancient Custom ought to repair the said Bridge or any part of it or have been accustomed to do it and this will be a safe way for the four Justices or more to proceed herein And in a Franchise City or Borough where there are not four Justices of the Peace and one of them of the Quorum and where they keep not General Sessions the Justices of the Peace for the County in such case are to inquire upon this Statute But if the Franchise City or Boroug● be a County of it-self then the Justices of the Peace of the County ha●● nothing to do with it but such decay of Bridges there must be remedi●● according to Common Law as they were before the making of this Act o● Parliament If a Man dwell in an House out o● Who shall be accounted ●n Inhabitant and liable to contribute to the charge of the Repairs of decayed Bridges the County Riding City or Tow● Corporate where a decayed Bridge is yet if he have Lands or Tenements ●● his own possession and manurance is that County Riding City or Tow● Corporate where the Bridge is he ●● an Inhabitant in both places within this Statute for habitatio dicitur a●● habendo quia qui propriis manibus sumptibus possidet habet ibi habitare dicitur So that a Man is said t● So resolved in Jeffries Case Mic. 31 32 El. B R. Co. Rep. 5. lib. f. 66 57. inhabit where he keeps Lands in his own Manurance and Possession a● aforesaid And so if a Man dwell i● a Foregin Shire Riding City o● Town Corporate and keepeth House and Servants in another Shire Riding City or Town Corporate he is a● Inhabitant in each of them also within this Statute but though Servant● are properly Inhabitants where the● Live yet they are not such Inhabitants as this Statute extends to them but to such as be Housholders and to every Corporation and Body Politick residing in any County Riding City or Town Corporate or having Lands or Tenements in any Shire Riding City or Town Corporate quae proprits manibus sumptibus possident habent are said to be Inhabitants within the purview of this Statute and an Infant likewise that hath House and Lands by descent or purchase is liable to this publick Charge and so is the Husband of a Feme-Covert and by this word every Inhabitant all Priviledges of Exemptions or Discharges whatsoever from Contribution for the Reparation of decayed Bridges if any were are taken away although the Exemption were by Act of Parliament so that it seems Ecclesiastical Persons who by former Laws are freed from Pontage are by this Statute made liable to contribute to the Charges of decay'd Bridges Although by this Statute of 22 H. 8 How and after what manner 〈◊〉 Taxes are usually laid on for the repairs of decayed Bridges neither the Justices without the assistance of the Constable or two able Men of every Town or Parish nor the Constables or Inhabitants without the Justices can make a Taxation no● when the same Tax is made can the same be set by the Justices in a gross Sum upon every Hundred Parish and Town but that every Inhabitant ought to be taxed singly by himself Co. 2 Inst f. 702 703. and each one bear his own Burthen and that indented Rolls in Parchment of every several Hundred and of the Names and Sums of every particular Person so by them taxed and sealed by the said Justices ought to be given to the Collectors appointed for the Bridges for their Warrant to gather the said Tax by yet notwithstanding to free the Constables and Inhabitants from the trouble and charge of Attendance the common course is to charge every Hundred and Constablery with a Sum in gross and to give it in charge to the Chief Constables of every Hundred who send their Warrants to the Petty-Constables to gather the same by virtue of which Warrant the Inhabitants lay on their Assessment and pay the Mony to the Petty-Constables who pay the same to the Chief-Constables and they pay the Monies for their whole Hundred at the Sessions And this

on the out-side of their Houses next the Street every Night from Michaelmas to Lady-day yearly set or hang out Candles or Lights in Lanthorns from time to time as it shall grow dark until twelve of the Clock in the Night on pain to forfeit two shillings for every default except such as shall agree to make use of Lamps to be placed at such distances in the Streets as two or more Justices of the Peace shall approve of ● and every Truss of old How much Truss●s of Hay are to weigh Hay by this Statute brought or offered to be sold within the Cities of London and Westminster and all other places within the Weekly Bills of Mortality between the last day of August and first day of June shall weigh six and fifty pounds at the least and between the first day of June and last day of August being new Hay of that Years growth shall weigh sixty pounds and if it be old Hay of any former Years growth then to weigh six and fifty pounds as aforesaid How long Waggons Carts and Cars are to stand with Hay or Stravv and none are to sulfer their Waggons Carts or Cars to stand or be in any of the places aforesaid loaden with Hay or Straw to sell the same after two of the Clock in the Afternoon from Michaelmas to Lady-day nor after three from Lady-day to Michaelmas on pain to forfeit five shillings for every Offence or Neglect and every Justice of the Peace within the Counties of Middlesex and Surry and City and Liberties of Westminster and Places aforesaid within their respective Liberties upon their own Knowledge or View Confession of the Party or Proof of one credible Witness before him may convict any Persons of the Offences aforesaid so that they may incur the Penalties aforesaid one moiety to the relief of the Poor of the Parish where the Offence is committed to be paid to the Overseers of the Poor of the same Parish for the use of the Poor thereof and the other half to the Discoverer and Prosecutor in case the Conviction be so but if it be by the View or Knowledge of the Justice of Peace then one half to the relief of the Poor as aforesaid and the other half if for default of payment to be paid to the Scavengers of the place to be imployed for the repair or paving and cleansing the said Streets or Places or otherwise to the relief of the Poor aforesaid all the said Penalties to be levied by Penalties how to be levied distress and sale of the Goods and Chattels of the Offenders by Warrant under the Hand and Seal of any one Justice of the Peace of the place directed to the Constables or Headboroughs of the same Parish where the Offence was done rendring the surplusage to the party and in default of distress or not payment within six days after demand where it is not by this Act otherwise provided or notice in Writing left at the Offenders House or Dwelling-place by the Constable or Headborough then the Offender not being a Peer of the Realm to be committed to the Common Gaol of the Counties or City respectively by Warrant as aforesaid there to remain without Bail or Mainprise until payment By this Statute the Wheels of every The breadth of Cart Wheels and Dray Wheels c. Cart Car or Dray to be used for the Carriage of any thing whatsoever from any place within the said Cities and Places to any place within the same where the Streets are paved are to be made to contain in full breadth six Inches in the Felly and must not be wrought about with Iron-work nor drawn with above two Horses after they are up the Hills from the Water-side and the Owners and Proprieto●s ●ssending herein are to forfeit forty shillings for every time such Cart or Dray shall be used to the contrary to be levied as aforesaid but this is not to extend to any Country-Cart or Waggon that shall bring Goods to the City or Places aforesaid or shall carry any Goods half a Mile beyond the paved Streets of the said Cities and Places But now by the Statute of the second 3 4 W. M. ch 12. and third Years of their Majesties Reigns chap. 12. this Clause is altered for any Inhabitant of any of the Parishes within the Weekly Bills of Mortality who dwells off and from the Pavement or uses his Cart as well off as upon the Pavement and any Brewer or Scavenger or other Person employed in carrying away the Dirt and Soil of the Streets Lanes and Allies may make use of any Cart or Dray with Wheels shod with Iron and narrowe● than six Inches in the Fellies and drawn with more than two Horses notwithstanding this former Act of Parliament or any Law or Usage to the contrary No person or persons whatsoever by None to breed seed or keep Swine his Statute of the second Year of their Majesties Reigns shall breed seed or ●eep any sort or manner of Swine in ●ny pa●t of the Houses or Backsides of ●he paved Streets of the said Cities Borough or Parishes where the Houses 〈◊〉 contiguous upon pain to forfeit ●he same to the Church-wardens and Overseers of the Poor of the Parish where such Swine shall be kept bred ●or Fed to the use of the Poor thereof and all or any of the Church-wardens Overseers of the Poor Chappel-wardens Constables Beadles Headboroughs or Tythingmen of any of the Parishes of the said Cities or Places at all times in the day-time by Warrant under the Hand and Seal of the Lord Mayor or any other Justices of the Peace of the place may search in all such places in their respective Parishes for the finding all such Swine and to seize drive take and carry away all that shall be so found and to sell the same for the best price that can be had and to deliver the Mony to the Church-wardens or Overseers of the Poor of the Parish where such Swine shall be seised to be distributed to the Poor there in such manner as the Church-wardens and Oversee●● shall think fit and if any shall be sued Persons sued may plead general Issue and give special Matter in Evidence in any Court for any thing done i● pursuance of or execution of this Act they may plead the General Issue a●● give the Special Matter in Evidence and if a Verdict pass for the Defendants or the Plaintiff be Non-suited or suffer Discontinuance then the Defendants shall recover treble Costs for which they shall have the like remedy as in any Case where Costs by the Law are given to the Defendants This Act being of such universal and beneficial Concern for the Places mentioned therein I have therefore taken all the Heads of it quite thorow though some of the Paragraphs thereof have no relation to the repairing the High-ways or paving or cleansing the Streets Lanes and Allies there CHAP. XIII An Abridgment of

Witnesses upon Oath and i● case of default in any of those Office● to be adjudged by the said Justice● the party or parties so convict are 〈◊〉 be committed to the Common Ga●● of the County there to remain without Bail or Mainprize till account b● made and payment as aforesaid The Surveyors or any three or mo●● Surveyors to charge Teams and Labourers Keb. Stat. ibid. f. 1256. sect 2. of them from time to time as the● shall see cause may appoint and r●quire all Persons inhabiting in th● County within three miles of th● places aforesaid who by any Law 〈◊〉 Statute in force is or are chargeabl● to labour at the High-ways or t● find any Wain or Cart for the amending thereof upon reasonable notice t● send his or their Wain or Cart 〈◊〉 Team or to come to labour in th● said High-way at any of the place aforesaid so furnished as the Law direct for amending other High-ways whe● and as often as the said Surveyors 〈◊〉 any three or more of them shall ●hi●● needful and appoint for which the● shall pay them according to the rate ●f the Country upon pain to forfeit ●n shillings for every Team every day making default and every Labourer ●ighteen pence but none are to send ●heir Team Cart or Waggon for ●mending the said Way or to go and ●abour therein above three miles from ●●eir Dwelling-houses nor above three ●●ys in one Week nor in Seed-time ●ay or Corn-Harvest and any two ●r more Justices of the Peace of the County are to determine all Differences ●out the Hire of such Persons and seams Carts and Waggons and the ●●stices determination in such cases to In what places the ●urveyors may dig for Gravel c. Keb. Stat. ibid. f. 1257. sect 3 ●e conclusive and where there is not ●ufficient Gravel Chalk Sand or ●tones within any Parish Town or ●illage or Hamlet wherein the said ●igh-way lies then three or more of ●he Surveyors or such Persons as they ●ppoint may dig take and carry ●way such quantities of such Materials ●ut of the Waste or Common of any ●eighbouring Parish Town Village 〈◊〉 Hamlet as they think necessary for ●he repairing of the said Way with●ut paying any thing for the same ●●d when there is not sufficient in such ●●ces then they may dig in the several Grounds of any Persons where such Materials are to be found not being an● House Garden Orchard Yard or Par● stored with Deer within any Parish chargable towards the Repairs of the sai● High-way and carry away from tim● to time such quantities as aforesaid without paying any thing for the same save only reasonable Satisfaction to the Owners or Occupiers of the Grounds for the damage they shall thereby sustain to be assessed in case of any difference by the Justices of the County at their next or any other Quarter Sessions held for the County and the Pits or Places so digged to be filled up with all convenient speed to be adjudged by the said Just●ces and levelled with Earth or other Materials or else railed about so as the same may not be deemed dangerous to Man or Beast The Surveyors with the consen● Surveyor m●y engage th● Toll for present Mony Keb. Stat. f. 1258. sect 6. of the Justices of the Peace at an● Quarter-Sessions of the Peace to be held for the County by Indenture under the Hands and Seals of the said Surveyors for the time being may transfer and grant the Profits of the Toll for any time or term not exceeding nine Years to any Person or Persons that shall and will upon that Security advance any present Sum or Sums of Mony towards the present ●●paration of the said High-ways for the repaying the same with Interest When and how the Justices may make a Rate Keb. ibid. and in case Mony cannot be borrowed on that Security then the Justices at their Quarter-Sessions when they see cause may make a Rate for the repair of the said High-way of such Sum or Sums of Mony as they think fit for the speedy effecting the Repairs thereof to be raised upon the Parishes that lie in or near the said Road and to be paid to the Surveyors or to their Receiver or Collector and in ●ase of refusal by any Person to pay then the said Surveyors or their Receiver or Collector may distrain for such Sum or Sums of Mony and sell the Distress rendring the overplus to the Owners and the Mony so advanced Repayment out of the Toll to the Towns charged with a Rate Keb. St. f. 1258. sect 7. Such as were formerly chargeable towards Repairs to be so still Keb. ibid. f. 1259. sect 11. by the said Towns is to be repaid by the Surveyors as it doth arise out of the Toll and such Persons who by ●aw are chargeable towards the repairing of the said High-way and Places shall still remain so chargeable notwithstanding this Act of Parliament All Fines and Forfeitures incurred Fines and Forfeitures to be levied by the Surveyors Keb. Stat. 1258. sect 9. by this Act shall be paid to the Surveyors or any three of them or their Treasurer towards the repairing the said High-ways and Places and in In Case of refusal or death new Surveyors to be chosen Keb. ibid. case of refusal or of Persons accepting and dying in the Office or discharge for any lawful Impediment then two or more Justices in the County living in or near the said High-ways and Places aforesaid are to appoint some other fit person or persons within the County in the place of him or them so refusing dying or discharged and such persons as are so chosen having notice thereof given under the Hands and Seals of such Justices so choosing them are to take upon them the Office and execute the same in such manner and under such Penalties as if he or they had been chosen by the Justices at their Sessions of the Peace in manner aforesaid and all Suits upon Actions upon this Statute to be laid in the same County general Issue pleaded and give special Matter in Evidence Keb. ib. sect 10. this Act to be laid in the same County and the Desendant may plead the General Issue and give the Special Matter in Evidence and if at the Tryal it appear the Matter was done in pursuance and by authority of this Act and that such Action shall be brought in any other County then the Jury to find for the Defendant and upon such Verdict or that the Plaintiff shall be non-suited or discontinue this Action after the Defendants appearance or if upon Demurrer Judgment shall be given against the Plaintiff the Defendant shall have double Costs and have like remedy for the same as any Defendant hath in other Case by Law And this Act was to continue for eleven years which ended Anno Dom. 1674. Then by the Statute of the 16 and 16 17 Car. 2. ch 10. Toll at Wades Mill continued for