they are many and in the Main they tend to one and the same thing though in Circumstances many CHAP. XVII Of Sessions and Matters properly to be done c. by Justices therein c. THE Sessions is the Assembly of any two or more Justices of the Peace one being of the Quorum at a certain Day and Place within the Limits of their Commission appointed to Enquire by a Jury or otherwise to take Knowledge and thereupon to hear and determin according to their Power of Causes within their Commission and Statutes referred to their Charge Lamb. 378. A Sessions held without Summons is good but in such Case none shall lose any thing for Default of Appearing Lamb. 380 381. Summons of the Sessions is usually by Precept Written to the Sheriff and by him to be returned at Sessions Lamb. 381. Precepts for Summoning the Sessions may be made by any two Justices of the Peace one being of the Quorum but not the Custos Rotulorum alone and Summons cannot be discharged by Supersedeas of all other Justices but by Supersedeas out of Chancery Lamb. 382 383. CHAP. XVIII The Justice of Peace his Clerk c. his Business relating to Warrants Hue and Cry Order for Bastard-Children Recognizances Mittimus's Releases Bailments Supersedeas c. in due Form Latin and English and other things with Observations or Notes thereon for better Information Instructions for Clerks to Justices of the Peace containing many necessary Forms or Precedents of Warrants on several Occasions directed to Constables As for Warrants grantable by Justices of the Peace they may be stiled and made after several manners viz. 1st In the Name of the King and yet the Teste may be under the Name of the Justice or Justices of Peace who grant them 2dly Or they may be stiled and made only by the Name of the Justices so granting 3dly Or else be made without any such Stile and only under the Teste of the Justice of Peace or only subscribed by the Justice as the cause requires But not having room for every Particular the Nature of things in this case requires in so small a Book I shall only set down what are most common and useful in their order The Form of a General Warrant for a Misdemeanour Bucks T. G. Esquire one of the Justices of the Peace c. to the Constables of D. c. in the said County and to every of them These are to will and require you in his Majesties Name straightly to charge and command you upon sight hereof to attach and forthwith to bring before me the Body of I. P. Baker to answer such Mattters of Misdemeanour in his Majesties behalf as shall be objected against him and hereof fail not at your Peril Given under my Hand c. or Dated c. The Form of a Warrant for the good Behaviour to the Constables c. Bucks Forasmuch as A. B. of your said Town is not of good Name or Fame nor of honest Conversation a Rioter and Disturber of the Peace of our Sovereign Lord the King as we are given to understand by the complaint of sundry credible Persons Therefore on the behalf of our Sovereign Lord the King we straightly charge and command you or either of you immediately upon sight hereof you or one of you require the said A. B. to come before me or some other of his Majesties Justices of the Peace to find sufficient Sureties and Mainprize as well for his good Abearing towards our said Sovereign Lord and all his Leige-People until the next Quarter-Sessions to be holden in the said County as also for his Appearance then and there and if he shall refuse so to do that then you him safely Convey or cause to be Conveyed to the common Goal of the County aforesaid or to the next Goal of His Majesty 's in the said County there to remain until he shall willingly do the same So that he may be before the Justices of the Peace of our said Sovereign Lord the King within the said County at the next general Sessions of the Peace to be holden for the County and there to Answer our said Sovereign Lord for his Contempt on this Behalf And see that you certifie your Doings in the Premises to the said Justices in the said Sessions bringing then thither this Precept with you Given at B. under my Hand and Seal the fourth Day of December c. The Form of a Warrant immediately in the King's Name Grantable by Justices of the Peace William by the Grace of God King of England c. To our Sheriffs of our County of Oxford the high Constables of the Hundred of R The Petty Constables of the Town of B And to all and singular our Bayliffs and other Magistrates in the said County as well within Liberties as without Greeting forasmuch as L. B. of c. hath come before Sir W. M. Knight and Baronet one of our Justices of the Peace within the said County and hath c. Concluding in the Justices Name thus Witness the said W. M. at B. the _____ Day of _____ c. ☞ Here Note that wherever the Warrant is made in the King's Name as afore there it seemeth it ought to be directed to all Ministers as well within Liberties as without for the King is made a Party and so it may be done it seemeth in all other Warrants especially for Felony or for the Peace or good Behaviour c. because it is the Service of the King and no Franchise or Liberty shall be allowed or hold place against the King Br. Franch 31. However it is further held that the Justices of the Peace of the County may not Intermeddle in any City Town or Liberty which have their proper Justices Vide Dalton Chap. 6. Folio 25. Where you will find it set down more largely The Form of a Warrant for the Peace Surrey To the Constables of C. c. and to either of them Forasmuch as A. B. of your said Town Yeoman hath required Sureties of the Peace against T. L. of your said Town Labourer and withal hath taken his Corporal Oath before me that he requireth the same not for any private Hatred or Evil Will but simply that he is afraid of his Life or the Hurting or Maiming his Body or the Burning of his Houses These are therefore to Will and Require you in His Majesty's Name straitly to charge and command you that immediately upon the sight hereof you or one of you require the said T. L. to come before me or some other of His Majesty's Justices of the Peace within the said County to find sufficient Sureties as well for his Appearance at the next Quarter Sessions of c. to be holden for this County as also that the said T. L. shall in the mean time keep His Majesty's Peace as well towards his said Majesty as towards all People and especially towards the said A. B. and that if he shall refuse so
seemeth that he may be Indicted for they may inquire of all Trespasses where a Man may have his Action of the Case Crompt 121. a Num. 21 and 122. a Num. 29. A Justice of the Peace Certifying into the King's-bench that such a one broke the Peace in his Presence the Party shall be put to his Fine without a Traverse to the same Cromp. 132. a. A Justice of the Peace who is of the Quorum ought to be Resident in the County where he is a Justice of the Quorum 2 Hen. 5. Chap. 4. Cromp. 122. a. Num. 32. The Justices at Newgate sit by Virtue of 2 Commissions Goal Delivery and Oyer and Terminer 4 Eliz. Chap. 2. And where the same Persons are Justices of Goal Delivery and Oyer c. They may sit the same Day and Place and inquire by the same Jury yet the Entry of the Records must be several as the Indictment is Dalt 168. A Justice of the Peace commandeth one by his Precept under Penalty of 10 l. to be at the Quarter Sessions next ensuing it and he appeareth not no Scire Facias shall go forth more than if there had been a Subpoena however it seemeth he shall be Attached to be at the next Sessions upon Contempt Cromp. 123. a. Num. 9. CHAP. III. What one Justice of Peace may do by Power and Virtue of his Commission without requiring to be joyned with another or more in Acting in what relates to his Office HE may cause all such as are fit to Work in Harvest or Hay-time and after Licence them to go unto any other County He may Rate the Prizes of deceitful Malt to be sold by 2 Edw. 6. 10. He may compel one fit in his Discretion to be bound Apprentice by 5 Eliz. 4. He may it seems give Directions to Watchmen Keepers and Searchers of infected Persons Crompt 126. b. He may cause to be Whipped Trespassers in Orchards Corn Hedges or Woods not able to give any Satisfaction And it seems he may hear and determine by Examination or otherways by his Discretion the Offences committed in Tile-making One Justice of Peace may command Vagrant Persons to Prison if they will not serve He may upon his View of forceable detainer Record it by 15 Rich. 2. Chap. 2. Dalt 81 82. He may Punish Deceit in Cloth by Tenters c. He may cause High-ways to Markets to be enlarged and cleansed of Trees and Bushes 13 Edw. 1. Chap. 5. He may Punish Keepers of Places for unlawful Games and the Players at those Games He may Punish Prophane Swearing in his Presence made out by Testimony or Conviction by the Party 's own Confession He may Punish Offences in Watermen and Transporters of Corn. He may Punish Defaults of Collectors of Sheriffs Amercements and of Bayliffs of the Hundreds Soldiers that Purloin their Horse or Harness He may prevent a Riot stay it and Commit them that are concerned in Acting of it One Justice of the Peace upon Complaint may Commit till the Assizes or Sessions any Popish Recusant Convicted above 18 Years of Age under the Degree of a Baron so for refusing the Oath of Allegiance 7 Jacobi 1. Chap. 6. He may cause to be set in the Pillory in the next Market-town Persons Convicted of Breaking the Assize of Fuel and not able to pay the Forfeiture with a Billet or Faggot bound to his Body 7 Edw. 6. C. 7. Quaere whether one alone can Commit him He may cause an Unlicensed Ale-house-man openly to be Whipped after Conviction where there is no sufficient Distress to pay the Penalties 3 Caroli 1. 3. He may upon View or Proof by two Witnesses Warrant the Levying 20 l. Forfeiture for an Unlicensed Ale-house to be given to the Poor One Justice may demand the Peace against an other Man Lamb. 81. And he may Punish Persons going or riding Armed contrary to the Statute of 2 Edw. 3. A Justice may inquire of Felo de se hid or cast into the Sea where the Coroner cannot have the View of the Body 3 Inst 55. And he may send Writs for Fugitive Labourers by 2 H. 5. C. 4. St. 1. He may take an Information out of the County against an Offender in the County 1 Cro. 213 So a Recognizance to Prosecute by Assent of the Parties out of the County but cannot use Coercive Power Ibid. A Justice of the Peace Inhabiting in the Hundred where one was Robbed may if he be at York or London take the Party's Oath being but an Examination and no Act of Jurisdiction A Justice of Peace in London ought to send Felons to the Common Goal not to the Counters 1 Co. 120. He may take an Indictment of Barretry without a special Commission 2 Cro. 32. A Justice in open Court may alter the Panel or a Jury Sworn only for the King 2 Co. 59. One Justice of the Peace is sufficient to certify carrying of Corn from one Place to another to sell against the Statute of Fore-stalling joyned with the Customer He may Bind a Cheater to his good Behaviour c. Dalt 63. 7 Jacobi 1. He may Convict of Drunkenness by 12 Jacobi 1. C. 7. He may Seize the Goods of Gipseys within a Month after their Arrival c. By the 22 Hen. 8. C. 10. He may Record a Riot in his View and Commit the Rioters or bind them to their good Behaviour but single or alone proceed no further Dalt 195. He may punish Spoilers of Fish-ponds and cause their Nets to be cut and burnt 17 Rich. 2. He may take the Claim of a Horse Stolen 31 Eliz. 12. He may Examine and Bind over unlawful Hunters in the Night time c. 1 Hen. 7. C. 7. The like of taking or killing Conies in the Night-time 22 23 Caroli 1. He may compel a Vintner to draw a Man Wine who demands it and offers Payment 24 Hen. 8. Dalt 242. He may Convict of the Breach of the Lord's day against Stat. 29 Caroli 2. And may allow of Cause for Travelling in a Boat on the Lord's-day according to the said Statute CHAP. IV. The Power of two Justices of the Peace Acting joyntly within the Compass of their Jurisdiction by Virtue of their Commission and Office c. TWO Justices of the Peace upon View of a Riot or Rout may Record the same and with the Sheriff or under Sheriff 13 Hen. 4. C. 7. Crompt 16. Num. 9. to inquire by a Jury and fine the Rioters Dalt 195. Quaere Two Justices on Complaint that a Servant departed before his Term ended c. Are to Examine and Commit if they see Cause See more of Labourers and Servants of a Constable c. They may Bind one to the Quarter-Sessions to Answer his Offence against a Penal-law Lamb. 187. Vide Dalt They may Allow and discharge an Ale-house-keeper at Discretion There must be two Justices of the Peace for appointing Overseers for Woolen-cloth for a Year c. So to convene Persons fit to discover any Offence in the
to do that then immediately you do convey the said T. L. to the common Goal of the said County there to remain until he shall be willing to do the same and see that you certifie your Doings in the Premises to the Justices of the said Sessions and have there this Warrant Dated at c. The Form of a Warrant to search for Stolen Goods Com. Surrey To the Constables of R. c. and to either of them Whereas Complaint hath been made to me W. C. Esq one of the Justices of the said County by L. G. of C. That upon Tuesday Night last he had Feloniously taken from him certain Goods here name them And that he is given to understand that there are divers Parcels of such Goods in the Hands or Houses of divers suspected Persons within your Town These are to Will and Require you and in His Majesty's Name straitly to Charge and Command you that immediately upon the receit hereof you make diligent search in all and every such suspected Houses and Places within your Town and Parish as you and this Complainant shall think convenient and it upon your said Search you find any of the said Goods or any other just Cause of Suspicion that then you bring all such suspected Person as you shall find together with the said Goods before me or some other of His Majesty's Justices of the Peace for the said County to make Answer thereto and hereof fail not at your Peril Dated c. The Form of a Warrant to search after a Robbery Committed directed to the High Constables Whereas there have been of late many Robberies committed about D. Now for the better finding out such Lewd Persons we whose Names are here under-written being his Majesty's Justices of the Peace for the County of Middlesex have thought fit and do hereby Will and Require you in His Majesty's Name that forthwith you direct your Precepts to every Petty Constable within your several Hundreds Commanding them to make Search in all Inns Ale-houses and other suspected Houses within your Precincts for all such Persons as are Masterless or out of Service as also for all Idle Vagrant wandring Rogues Beggars and other Persons And further that they the Petty Constables within the Precincts do take Examination and account of all those and such other Persons as be common Ale-house-haunters or which expend their Money in Riot or which do not Labour for their Living and have not whereon to Maintain them and that the same Searchers be holden all over your Hundreds the same Night and at such other several times as in your Discretions shall seem meet And if any such Persons shall be found in the same Searches and that upon yours or the Petty-Constables Examination taken of them or any of them there shall be found any Cause of Suspicion in them or any of them that then they bring the said Persons so suspected before us or some one of us or some other of the Justices of the Peace of this County to be further Examined in the said Causes and to be further dealt withal according to Law and Justice And for the better doing hereof we require you to Command in His Majesties Name that every Petty-Constable within their respective Precincts do Require and Charge two chief discreet Head-boroughs in every Parish to Assist the Petty-Constable in this Service And hereof fail not at your Peril c. Dated c. The Form of a Warrant for a Person who hath dangerously Hurt or Wounded another c. Surrey To the Constables of C. c. Forasmuch as I am Credibly informed that C. G. of your Town Carpenter hath now or lately dangerously Hurt or Wounded one G. F. of your said Town Brick-layer by a Blow or Blows which he hath given to the said G. F. on the Face and Head c. So that the said G. F. is in danger of Death thereby These are therefore in His Majesty's Name straitly to Charge and Command you that immediately upon sight hereof you or one of you do bring the said C. G. before me or some other of His Majesty's Justices of the Peace of this County to find sufficient Sureties as well for his Appearance before His Majesty's Justices at the next General Goal-delivery to be holden for the County then and there to Answer unto the Premises and to do and receive therefore that which by the Court shall be Enjoyned him as also that he the said C. G. shall in the mean time keep the King's Peace towards his said Majesty and all his Liege People and especially towards the said G. F. and hereof fail not at your Perils Dated c. The Form of a Warrant for a Reputed Father of a Bastard-child Surrey To the Constables of P. c. Whereas Complaint hath been made unto me L. C. Esq one of His Majesties Justices of the Peace for the said County by M. G. of your Town single Woman that she is gotten with Child by R. B. also of your said Town Barber These are therefore to Will and require you and in His Majesty's Name straitly to Charge and Command you and either of you that immediately upon Receit hereof you Attatch the Body of the said R. B. and thereupon bring him before me or some other of His Majesty's Justices of the Peace for the said County to find sufficient Sureties as well for his Appearance at the next General Sessions of the Peace to be holden for this County as also for his good Behaviour towards His Majesty and all his Liege People in the mean time and hereof fail not as you will answer the contrary at your Peril Dated c. CHAP. XIX An Order of the Justices of Peace for a Bastard-child The Order of L. C. Esq and R.G. Esq two of His Majesties Justices of the Peace for the County of S. made for the Relief of the Parish of C. of the said County for the keeping of E. a Bastard-child Begotten by R. B. of C. c. On the Body of M. G. c. Imprimis Upon the Examination of the said M. G. duly by us taken we do find that the said R. B. is charged to have divers times Bodily and carnal Knowledge between such Times Here name the Times and to be the only Father of the said Bastard-child c. And therefore we do Order and Adjudge him the said R. B. to be the Reputed Father of the said Child We do further Order as followeth First That the said M. G. shall keep her said Child till it come to 8 Years of Age. Secondly That the said R. B. upon notice of this Order shall after such Notice pay unto the Hands of one of the Overseers of the Poor of C. for the Time being after the Rate of 2 s. 6 d. every Week to be paid Monthly every Year towards the Relief of the said Child until it come to 8 Years of Age. Thirdly That after the said Child shall come to the Age
of 8 Years c. That the said R. B. pay to the Overseers c. Five Pounds towards putting out the said Child to be an Apprentice c. Fourthly That the said R. B. presently give good Security to one of the Overseers c. To perform this our Order ☞ Note that by altering the Names and Sum as the Order in that Case shall be made This Order in Form with the Variation of the Town and County may generally serve on this Occasion The Form of a Warrant for a Fugitive Servant Middlesex To the Sheriffs c. Whereas G. C. being Lawfully Retained in Service with M. B. of D. c. is departed from his said Master's Service before the end of his Term without his Master's Leave or License or without any reasonable Cause contrary to the Laws and Statutes of the Realm in this behalf provided These are therefore to Command you and every of you that you or some of you do Attach the Body of the said G. C. and bring him before me or some other of His Majesty's Justices of the the Peace to find sufficient Sureties well and faithfully to serve his said Master according to the Covenant between them made And if he shall refuse thus to do that then you cause him to be conveyed safely the Common-goal of the County aforesaid there to remain till he shall be willing to do the same and see you certifie such your Doings at the General Quarter-Sessions of the Peace to be held for the said County Given under the Hand of me W. S. one of His Majesties Justices of the Peace within the said County Dated c. Or thus That if the said G. C. is willing his said Master to serve again you do cause him to be delivered and if that to do he shall refuse that then you cause him to be conveyed to the Goal c. To Bind one to give Evidence Surrey To the Constables of B. c. These are in His Majesties Name to Charge and Command you or either of you that immediately upon sight hereof you or some of you do cause to come before me or some other of His Majesties Justices of the Peace for the said County the Persons hereunder named to the end that they and every of them may be bound to make their Personal Appearance at the next General Goal delivery or Quarter-Sessions to be holden for this County then and there to testifie their and every of their Knowledges concerning certain Felonious Acts committed by one C. D. now Prisoner in the Marshals's Prison in Southwark the Common Goal for the County aforementioned and hereof fail not at your Peril Dated c. The Form of a Hue and Cry after Robbery c. To all Constables and others His Majesties Officers as well within the County of Warwick as elsewhere within the Realm of England Whereas Complaint hath been made unto me T. C. Esq one of His Majesties Justices of the Peace within the County of Warwick by J. C. of D. c. Grasier that upon Wednesday Night last being the 18th of October Instant he was Robbed of one Hundred Pounds in Monies numbred by two Foot-padds on the Road or King's High way between D and C. in the Day time and hath Cause of Suspicion of A. B. and C. B. two Lewd Rogues Here describe their Persons and Apparel Setting down all such Marks as they may be known by These are to repaire you and every of you to make Search within your several Precincts for the said A. B. and C. B. And also to make Hue and Cry after them from Town to Town and County to County and that as well with Horsemen as Foot-men and if you shall find them the said A. B. and C. B. both or either of them That then you carry the Party or Parties so taken before some one of the Justices of the Peace within the County where he or they shall be taken by him to be dealt with according to Law c. ☞ And thus you may do putting one two or more Names in according as the Case requires whether a Robbery on the High-way or a Felony and Burglary committed in a House or such like in Barns Stables Out-houses Stealing of Horses or other Cattel always describing the Parties in the Hue and Cry So that they may be known as also the things taken that if the whole or any part be found about them or in their Possession the may be known and brought as a Testimony against them upon Examination The Form of a Warrant to Attatch a Felon or for Felony Essex To the Constables of D. c. Forasmuch as Complaint hath been made unto we by W. W. That of late he hath had certain Gods Feloniously taken from him and that he hath in Suspicion one L. C. of your said Town These are therefore to Will and Require you and in His Majesties Name straitly to Command you and every of you that immediately upon the receit hereof you do Attatch the Body of the said L. C. and thereupon to bring him before me to Answer the Premises and hereof fail not at your Perils Dated c. CHAP. XX. A Warrant for the Overseers of the Poor to give up their Accounts Surrey To the High Constable of the Hundred of B. c. These are in His Majesties Name to Charge and Command you forthwith to give notice to the Church-wardens and other Overseers of the Poor of every Parish within your Hundred that they do Personally appear before us at Kingston upon Thames at the Sign of the Swan on Thursday the 29th of December next coming by 10 of the Clock in the Morning or Forenoon of the same Day to yield up and make a true and perfect Account in Writing Subscribed with their Names or Marks of all such Summs of Money as they have received or Rated and Sessed and not received for and towards the Relief of the several Poor of their several Parishes and also of such Stock to set the Poor on Work as is in their Hands or in the Hands of any of the said Poor and of all other things concerning the said Office and hereof that they fail not at their and every of their Perils And further we require you that you give warning to the Petty-Constables of every Town within your said Hundred that they or one of them be also then present before us to Inform and Certifie us of the Names of such other Persons as are meet and fitting to be Overseers of the Poor within their several Towns for this Year next ensuing and hereof fail not at your Peril ☞ Note that this Warrant must be under the Hands and Seals of two Justices at the least the one to be of the Quorum◠The Form of a Warrant to the new Overseers to take their Charge Middlesex To the Overseers of D. c. By Virtue of a Statute made in the 43 Year of the Reign of our Sovereign Lady Queen
Elizabeth Entituled An Act for the Relief of the Poor These are to Will and Require you whose Names are here Under-written That you together with the Church-wardens of your Parish for the Time being do according to the Form of the same Statute take Order from Time to Time for the Year to come for the setting to Work the Poor within your Parish and for raising a convenient Stock of some Wares or Stuffs in your Town to that Purpose and providing necessary Relief for such as are Lame and Impotent amongst you and for the placing Apprentices such Children whose Parents are not able to Maintain them And hereof see that you fail not at your Peril Dated c. Under the Hands and Seals of us c. This Warrant must be under the Hands and Seals of two Justices of the County The Form of a Warrant to Distrain such as refuse to pay their Rates to the Poor c. To the Church-wardens and other Overseers of the Poor within the Parish of K. and every of them Warwick Forasmuch as we are Credible Informed or that it hath been duly proved before us That the Persons here under-named do refuse to Contribute or pay the Summs of Money here undermentioned set upon their Heads being sessed and rated upon them severally for and towards the necessary Relief of the Poor of your said Town according to the Form of the Statute in that behalf lately provided These are therefore in his Majesties Name straitly to charge and command you and every of you forthwith to require the said Persons so refusing to be before us to shew cause of their said Refusal and if they or any of them shall refuse to come before us that then immediately you do Levy all and every the said several Sums of Mony unpaid and all Arrearages thereof of all and every the said Persons so refusing by Distress and Sale of the Offenders Goods you rendring to the said Parties the Over-plus that shall remain upon the Sale of the said Goods if any be and this shall be a sufficient Warrant for your so doing Dated c. ☞ Note the Parties offending must be named here c. CHAP. XXI The Form of a Warrant for suppressing an Ale-house Surrey W. L. and C. L. two of his Majesty's Justices of Peace within the said County of S. To the Constables of G. and either of them Greeting Whereas we are credibly informed that M. B. of your Town Victualler is himself a Man of Evil Behaviour and besides doth suffer Evil Rule and Disorder to be kept in his House contrary to the Laws and Statutes of this Realm These are therefore to will and command you forthwith to repair to the House of the said M. B. and to charge him to surcease keeping any longer any Ale-house or Tipling-house and from common selling of Ale or Beer at his Peril and withal that you cause his Sign to be pulled down and hereof fail not as you and either of you will answer the contrary at your Peril Given under our Hands and Seals at T. the Day of and in the Year of the Reign of our most Gracious Sovereign Lord King William the third c. But it is usual with the Justices e'er they grant this last Warrant or a Warrant to Levy Monies forfeited by Ale-house Haunters to send for the Offenders and Examin them of the Offence that the Truth may be known and that the Information be not upon the Account of Brangling or Malice between the Parties so informed against and the Party informing but the Truth known upon plain Conviction Forfeitures in the latter Case may be Levyed upon refusal to pay by Distresses and Sale of Goods and for want of such Distress the Offenders set in the Stocks c. See more in the Office of a Constable in this Book CHAP. XXII Supersedeas Grantable by Justices of the Peace to supercede Warrants c. their Forms The Form of a Supersedeas by a Justice of Peace Sussex R. D. Esquire one of the Justices of Peace of our Sovereign Lord the King within the County of Sussex To the Sheriffs Bailiffs Constables and other of the Faithful Ministers of our Sovereign Lord within the said County and to every of them sendeth Greeting Forasmuch as L. T. of C. c. Husbandman hath personally come before me at D. c. and hath found sufficient Sureties that is to say W. C. and R. B. c. Yeomen either of which hath undertaken for the said L. T. under the pain of Twenty Pounds and the said L. T. hath undertaken for himself under the pain of Forty Pounds that he the said L. T. shall well and truly keep the Peace towards our Sovereign Lord and all his Leige People and especially towards R. M. of c. Baker and also that he shall personally appear before the Justices of the Peace of our said Sovereign Lord at the next General Sessions of the Peace to be holden for this County of Sussex Therefore on the behalf of our said Sovereign Lord I command you and every of you that you utterly forbear to Arrest Attatch Take or Imprison or otherwise by any means for the said occasion to molest the said L. T. and if you have for the said occasion and no other taken or imprisoned him that then you do cause him to be delivered and set at Liberty without farther Delay Given at D. in the County aforesaid under my Hand and Seal this 29 of January c. ☞ Note a Supersedeas of this Nature is held good though the Sureties are not named nor the Summ they are penally obliged in yet it is better to express them both for in such case if it shall appear the Sureties are not sufficiently Responsible nor bound in sufficient Summs better Sureties may be taken and accordingly all the Supersedeas issuing out of the Court of Chancery King's-bench and Common-pleas do mention the Names of the Sureties and the Summs they are obliged in for the Delinquents forth-coming to answer c. And further note that upon good Sureties taken for the good Behaviour a Supersedeas of good Behaviour may be granted as for the Peace Mutatis mutandis Crompt 237. Also a Supersedeas de capias indictamentum de Transgressione and so of an Exigent may be granted by the Justices of Peace out of the Sessions otherwise it would be Mischievous for the Party not only by Reason of his Imprisonment but also that he may be outlawed before the Sessions if so it were that the Justices of Peace might not take Sureties of him for his Appearance and all is no more than to appear and answer to the Indictment And these according to Crompton's Opinion Cromp. 234. may be granted by one Justice of the Peace and with him agree the Books of Entries However Lambert thinketh it not in the lawful Power of any one Justice of Peace to grant such Supersedeas at this Day but that it must run in the Names
Year upon Proof the Infection at the time he or she so Offends 1 Jacobi 1. Chap. 13. Wingate's Stat. Tit. Plague Dalt Just P. Chap. 39. Folio 91. If a Constable or such other Officer whom it concerns shall neglect or willingly refuse to Levy the Money by Warrant under the Hands and Seals of two Justices of the Peace upon the Statute for the Relief of any Town or Place Infected with the Plague by Distress and Sale of the Goods of such persons as neglect or refuse to pay on such emergency for every such Offence the said Officers are liable to forfeit Ten Shillings to be distributed among the Sick as by the Statute is directed 1 Jacobi 1. Chap. 13. Dalt Just P. Chap. 39. Folio 91. Wingate's Stat. Tit. Plague The Justices of Peace one or more of them are to appoint in their several Limits Watchmen Keepers Searchers and Buryers as likewise may the Head Officers in Towns and Corporations do the same And if any Infected person contrary to the Commandment of the Justice Constable or other Head Officer c. shall wilfully attempt to go abroad and Resist their Keepers or Watch-men they may Restrain them by Violence and Compel them by Force to keep their Houses and if they be Hurt or Wounded the Watch-man shall not be Troubled for it because it was their Duty after such Warning to have kept their Houses 1 Jacobi 1. Chap. 13. Crompt 122 c. Dalt Just P. Chap. 39. Folio 91. Wingate's Stat. Tit. Plague CHAP. LIII The Office of a Constable c. Relating to Routs and Riots and what they are THE Power of a Constable in Disorders of this Kind is very great and it is his Business to be diligent in Suppressing them as also that of the Sheriffs and others the King's Officers by reason such Tumults are of dangerous Consequence to the Government and many times as it has been known from small beginnings broke into open Rebellions and disturbed the Peace of the whole Kingdom and therefore Note where three or more Persons shall Meet and Assemble themselves together to the intent to do any unlawful Act with Violence or Force against the Person of another his Possessions or Goods as to beat kill or otherwise to hurt or without Authority to Imprison a Man in his own House or elsewhere To pull down a Wall Pale House Hedg Ditch or wrongfully to enter upon or into the Possession of another Man's House or Land c. Or without Right to cut or take away Wood Corn Grass or other Goods or Unlawfully to Hunt in any Warren or Park or with Force or Violence do any other unlawful Act against the King's Peace to the manifest Terror of the people And if they only meet to such Intent or Purpose though they afterwards depart of their own accord without putting their Intentions in Execution it is nevertheless an unlawful Assembly by reason their first Intention which occasioned them so to Assemble was with an evil Design Bro. Tit. Riots 4 5. Co. 3. Part Institutes Folio 176. Dalt Just P. Chap. 85. Folio 217. Stat. 27 Rich. 2. Chap. 8. CHAP. LIV. The Office of a Constable in what concerns it relating to Rogues Vagabonds sturdy Beggars c. TO disencumber the Kingdom of lazy persons who loyter about and decline Working in expectation to live upon others Labours by Begging or Pilfering the Law has in the following manner provided against such Nusances Therefore The Constable Headborough or Tythingman assisted by the Minister and one other Inhabitant of the Parish may take any Rogue or sturdy Beggar Vagabond c. they shall find Loytering up and down in their Parish or Precinct and strip him or her naked from the middle upwards and whip or cause to be whipped openly the said Rogue or Vagabond till the Body be bloody and then forthwith be sent away from Parish to Parish or Tything to Tything the next strait way guiding or leading to the place of the Birth of such Vagrant and if that may not be known then to the place where he or she last Inhabited or Resided by the space of one whole Year before such punishment Inflicted and if that be unknown then to the Town through which the party last past Unpunished and being there if it cannot be discovered where the party was Born or last dwelt then the Constable of that Town or place is to convey him or her to the House of Correction or Common-goal of the County there to be employed at hard Labour or put to Service for the space of one Year and if disabled by Age or Casualty as maiming c. and so not fit for Labour that Town is to be at the Charge of keeping the said Vagrant till such time as he may be placed in some Alms-house within the County by 39 Eliz. Chap. 4. Wingate's Stat. Tit. Vagabonds Bulst 2. part Reports Folio 257 Resol Judges Sect. 417. It is further provided that after such punishment is inflicted that the Vagrant shall have a Testimonial under the Hand and Seal of the Constable Tythingman or other Officer subscribed also by the Minister of the Parish testifying the Place and Day of such Punishment being inflicted and the time he is to have in going to the Place to which he is directed and if he or she loyter by the way till the time is out such Punishment may again be inflicted and so as often as the Default is made till arrived at the limited Place and such Testimonial Especial in Substance is to be registred by the Minister in a Book kept for that purpose or in defect he to forfeit 5 s. Dalt Folio 129. CHAP. LV. A Copy of a Testimonial in Manner and Form as in this Case the Law directs N. T. A Sturdy Vagrant Beggar aged about 30 Years of middle Stature black Hair fresh Coloured and Round Visaged with a Cut on his left Cheek was this 26 Day of September in the 12th Year of the Reign of our Gracious Lord King William the Third c. openly whipt at D. in the County of C. according to the Law for a wandring Rogue and Vagabond and is assigned to pass forthwith from Parish to Parish by the Officers thereof the next straitway to L. in the County of M. where he declareth himself to be Born and he is limited to be at L. aforesaid within 14 Days next ensuing the Date hereof at his Peril Given under the Hands and Seals of us James Forbs Minister and Timothy Darcy Constable of D. Given the Day and Year aforesaid This may be granted also by a Justice of the Peace alone under his Hand and Seal And if the Act of the Thirty ninth of Elizabeth be neglected in the Execution of it by any Constable Tythingman Headborough c. he so neglecting forfeits 10 s. for every Default and he that hinders any Execution of this Law upon Rogues and Vagabonds incurs the Penalty of five Pounds and may be bound over to the good
Behaviour And if a Constable or Peace Officer who ought to do it refuses such Rogue or Vagabond or if he does receive him and does not carry or send him to the next Constable in order to his being sent to the place appointed he forfeits for every such Offence Five Pounds and the Justice furthermore may bind him over to the good Behaviour 39 Eliz. Chap. 4. Dalt Chap. 47. Folio 128 c. If any such sturdy Rogue or Vagabond shall come begging to any House the owner of it seeing it is to apprehend him or her and deliver the Offender to the next Constable or else he forfeits Ten Shillings and the Constable is to whip and convey such Rogue as before directed under the Penalty of 20 s. 1 Jacobi 1 Chap. 7. Dalt 147. Folio 128. Two Justices of the Peace one to be of the Quorum may by Warrant under their Hands and Seals cause to be levyed by Distress and Sale of the Offendors Goods all Forfeitures and Fines before mentioned the party being first convicted either by his own Confession or the proof of two Witnesses before the said Justices 39 Eliz. Chap. 4. 1 Jacobi 1 Chap. 7. Dalt Chap. 47. Fol. 149. Constables Headboroughs or Tythingmen neglecting to make search for Rogues or Vagabonds upon the Justices Warrant directed to them or to appear at their Meeting to give up their account what Rogues c. they have punished or sent to the House of Correction or upon neglect to send such to the House of Correction as by order of Warrant are committed the Justices at their Discretion may fine those so transgressing in a Summ not exceeding 40 s. 7 Jacobi 1. Chap. 4. If any one not being an Officer shall apprehend a Rogue or Vagabond and carry him before a Justice of the Peace the Justice has power to reward the said person by granting to him a Warrant under his Hand and Seal to the Constable or Tythingman of the place through which he passed unapprehended ordering thereby the said Officer to pay 2 s. for every Rogue so apprehended and upon refusal of payment the Justice may proceed against the Officer pursuant to the Statute 1 Jacobi 1. Chap 7. and constrain him to pay his Forfeiture limited by the same Statute and out of it to allow the said two Shillings with charges for loss of time as to him shall seem meet 1 Jacobi 1 7. 14 Caroli 2. Chap. 12. And considering Constables Tythingmen c. are at much charge many times in rebearing and carrying with Passes such as come to their Hands The Churchwardens Overseers of the Poor and other Inhabitants may make a Rate to Tax the Inhabitants of the Parish who are lyably chargeable by the Statute of the 43 of Elizabeth to be confirmed under the Hands and Seals of two Justices of the Peace and upon refusal of any to pay the Constable may by Warrant levy it by Distress and Sale of Goods returning the Overplus to the Owner if any such there be 4 Caroli 2. Chap. 12. As for Rogues or Vagrants of both Sexes they are under several Circumstances or Denominations and that an Officer may know who are such and who not viz. All Schollars and Seafaring Men that Beg all wandring persons that use unlawful Games subtil Crafts or Plays and such as pretend to have Skill in Phisiognomy Figure-casters or Fortune-tellers all Proctors Pattent-gatherers unless such as are impowered to do it by Letters patents under the great Seal upon the account of Losses by Fire all Collectors for Goals Prisoners or Hospitals wandring abroad on that Occasion without sufficient Warrant to authorize them All Fencers and Bearwards Common players of Interludes Minstrels Fidlers if so they be found wandring abroad All Labourers that wander abroad without the Limits of their respective parishes and refuse to work for such Wages as shall be reasonably taxed having no other visible way to maintain themselvs all such as go with general Pasports not directed from parish to parish All Juglers and such as use Tricks by slight of Hand Artists Tinkers Pedlers and Petty-Chapmen also Glass-men wandring abroadâ— unknown and without a sufficient Testimonial all those that counterfeit themselves Egyptians not Felons upon the Statute made in that case all persons delivered out of Goal that wander begging for Fees or otherways begging all such as pass and repass to and from the Bath for the recovery of their Health not pursuing their License all Soldiers and Mariners that beg and counterfeit a Certificate of their Commanders that is to say either Male or Female being above seven Years and so transgressing as aforesaid and those if they do not beg yet if they wander and loiter about without any Pasport or sufficient Testimonial are accounted Rogues and Vagabondâ— those that beg in their own Parish or in the High ways without the Appointment or License of the Overseers are lyable to be sent to the House of Correction And to authorise the Constable Tything-man and other Officers to apprehend and order them as aforesaid See 39 Eliz. Chap. 4. and 17. 43. Eliz. Chap. 2. 21 Jacobi 1 Chap 28. 7 Jacobi 1 Chap. 4 5 Eliz. Chap. 4. Dalton Chap. 47. Folio 123 125 134. CHAP. LVI The Constables Office in disposing of the Wives and Children of Rogues Vagabonds or Sturdy Beggars THE Wife of such Sturdy Rogue or Beggar the Children being under Seven Years of Age must be placed with the Husband and if he be dead then the Children to be placed with the Wife in the Parish where she was born or last dwelt and the Vagrant Children exceeding Seven Years of Age must be sent to the place of their Birth and if with Children under Seven Years of Age the Vagrant Parents are placed at the place of the Birth of the said Children or in the place where they last dwelt if afterwards the Parents or either of them happen to die or run away leaving the said Children yet they once setled must still remain in that Settlement and ought not to be sent to the place of their Birth tho' they have attained to the Age of 7 Years or upwards according to the 2. Eliz. Chap. 4. Resol Judges Sect. 45. Dalton Just P. Chap. 47. Folio 135. The Vagrant Wife must be sent to her Husband tho' he be no other than a Servant in any Parish or Town and a Rogue or Vagrant not able to assign any place of Birth if he have a Wife and Children under Seven Years old they must be sent with the said Vagrant Rogue to the Parish or Town through which they by Sufferance last past unpunished and the Children relieved with the Work of their Parents though they be committed to the House of Correction if it be possible they thereby can relieve them CHAP. LVII The Duty and Office of a Constable c. relating to Alehouses Inns c. HE that without a License shall presume to keep an Alehouse selling Ale or Beer forfeits 20 s.
Royal Dutchy CHAP. LXVII The Constables Office and Duty relating to such Persons as Prophanely Swear and Curse BY a late Statute made in the 6 and 7 Year of the Reign of William the Third Chap. 11. it is enacted for the restraining that Dangerous and Unprofitable Sin of Swearing and Cursing that such as in the Presence or Hearing of a Justice of the Peace of the same County wherein the Offence is committed or Head Officer or Justice of Peace of the City do Swear or Curse or are thereof convicted by Witness or Confession of the party before any Magistrate the Offender if a Common Soldier Labourer or Servant shall pay for every Oath c. 18. for the use of the poor of the Parish wherein the Offence is committed and every other person is to pay 2 s. for the like Offence for the second double for the third treble to be levied by Distress by Warrant from one Justice of the Peace and where no Distress is found the Offender if above Sixteen Years of Age is to be set in the Stocks by the space of one Hour for one Offence and two Hours for more than two Offences but if under Age to be whipt by the Parents or Master in the Presence of the Constable All Justices of Peace Constables c. who neglect to put this Act in Execution being knowing of the Offence to forfeit 5 Pounds and none are to be prosecuted upon this Act beyond the Expiration of Ten Days therefore Information must be given within the said Ten Days after the Offence committed And for the better deterring Offenders to commit Offences of this Kind it is ordained to mind them of the Danger and Shame they are like to incur thereby that this Act be publickly read in Churches next Sunday after every Quarter Day immediately after Morning Prayer under Penalty of 20 s. for each Omission and Justices c. are to keep a Register of all such Convictions before them and to certifie the same at the Quarter Sessions to be there Recorded where any one may search for the same and see it without paying any manner of Fees CHAP. LXVIII The Constables Office and Duty further relating to Vagabonds and Beggars and Collecting Monies for Building and Repairing Goals BY an Act of the 11 and 12 of W. 3. it is Enacted that after the 24 of June 1700. That if any Vagabond Beggar or any person whatsoever shall be brought to any Constable Headborough or Tythingman or other Officer with a Pass Testimonial Letter of Request or other Writing whatever pretending thereby either to be Relieved or Conveyed The said person or persons shall by such Constable or other Officer or by some other sufficient person or persons whom he shall order or depute be carrryed before some one Justice of the Peace of the County which Justice is carefully and diligently to Examine him or them and if he finds they ought by Law to be punished he is to send them to the House of Correction and take such further Course as in that Case the Law directs But if no such Cause appear then he or they are to be immediately conveyed out of the County to such Town of the next County unto or through which such person or persons are to pass or be conveyed as the said Justice shall think most proper and every Constable or other Officer is to convey them to the House of Correction or to such Town as aforesaid without delay and further the Justice is by this Act obliged to give the Constable or other Officer a Certificate without Fee of the Number of such persons as he shall so order to be punished or conveyed as also the manner how when and from whence such persons are to be conveyed And further the Justice ought to Tax the Charge on the back of the Certificate which the Constable c. delivering to the High Constable of that Division he is to pay him his Charges out of the Monies of the Goal and Marshalsea Mony and take a Receipt for the same which Receipt shall be Accepted by the Chief Treasurer of the County and allowed in his Accounts as so much Mony and if the Goal and Marshalsea Mony fail to be sufficient then the Justices in their Quarter-Sessions may raise a Tax in their Counties Ridings and Divisions in such manner as they raise it for the County Goals and Bridges the Mony to be paid to the Chief Constable of each Division so as they shall have a quarterly Payment in their Hands before hand and as often as the said Petty Constables or Deputies shall produce the said Certificates they shall be paid their Charges according thereto and the High Constable must Account for so much at the next Quarter-Sessions and the Petty Constable is not to Charge the Inhabitants of his Constabulary wirh any Sum or Sums of Mony or any Provisions to the Relief or Conveyance of such Rogues or Vagabonds And if any Constable or other Officer to whom it belongs shall neglect to Apprehend such Vagabonds or Beggars or be remiss and negligent in doing his Duty by this Act required then for such Offence he shall pay 20 s. one fourth part to go to the Informer and the other 3 parts to the poor of the Parish and he may be Convicted before a Justice by the Oath of one Witness and upon refusal to pay Distress may be made by Warrant as in other Cases But this Act is to continue but 3 Years and from thence to the End of the next Session of Parliament By another Act of Parliament 11 and 12 W. 3. Intiuled An Act to Enable Justices of the Peace to Build and Repair Goals in their respective Counties The Justices of the Peace at their General Quarter-Sessions are to direct their Warrants or Precepts to the High Constable Petty Constable Bailiffs or other Officer or Officers as they shall think fit for the Collecting and Levying the Mony in order thereto and upon denial of any Assessed after 4 Days demand to pay the same they are Impowered to make Distress and Sale of Goods and after 4 Days keeping if the Mony be not paid to sell the same and deducting Charges immediately to render the Overplus to the Owner the Distress being first Appraised by two or more of the Inhabitants and the Constable c. to pay the Monies so Collected to the Treasurer or Treasurers Appointed by the Justices to receive it and for refusing to Account after four days demand the Justices of the Peace or the greater number of them are Impowered to Commit him or them so neglecting or refusing to Prison there to remain without Bail or Mainprize till he or they shall have made a true Account CHAP. LXIX The Constables Office relating to such as make or put bad Mault to Sale c. THE Constable's Office relating to Malt is to see such Malt as comes to be sold within his Division or there made for Sale that it be
not held liable to this though he brings her considerable of his own or is afterward enabled by his Industry or at least if the latter which is held doubtful he is â—bliged to it no longer than his Wife lives Second Part of Bulst Reports Fol. 245 246 247. If any Poor Beg in the Parish a License must be granted for it by the Overseers and if in the High-ways by those Overseers And by an Order of Sessions a Cottage may be erected on the waste of a Mannor and poor Inmates may be lodged therein but it is afterward to be employed to no other Use And such Poor as cannot get Work and are able are to be set on Work by the Overseers and a Justice of Peace may send such to the House of Correction that being employed by them and the Church-wardens will not Work being not otherways able to maintain themselves and they with the consent of two Justices of Peace or more one being of the Quorum may set up occupy and use any Mystery Trade or Occupation for the better Relief of the Poor in the Parish Town or Place within their Districts to set them on Work which is very commendable and may be wished it were more put in Practice CHAP. LXXVI What relates to the Office of the Overseers in taking care to put poor Children Apprentice and what Indenture is required to find them c. IN this Care must be taken that they must be so placed as not again to be chargeable to the Parish and that they may learn such sâ—lâ—able Crafts and Mysteries as when their Time expires with Labour and Diligence they may be enabled to keep themselves and Children their Age to be above 7 and under 15 when they are so placed and in doing this the Overseers must have the Consent of two Justices of the Peace and they may Bind Men-children to the Age of 24 and the Female to the Age of 21 or till she be Married which first shall happen but it must be within the Parish or Hundred and they may give Money if they cannot put them off without and the Master's refusing to take them when so offered may be presented and indicted for the same upon the Statute of 43 Eliz. at the Assizes or Sessions of the Peace and Parents refusing to let them be so put Apprentice without good Cause shewed for it may by the Justice be bound over to answer the Default and the Children refusing may be sent to the House of Correction till they will comply He or she must be bound by Indenture and the word Apprentice specified in it or else it is not Binding The Form of which for the better Transcript on occasion by those that are ignorant of it I shall here set down The Form of an Indenture of an Apprentice put out and bound by the Overseers c. THis Indenture made the 20th of December in the Twelfth Year of the Reign of our most Gracious Sovereign Lord William the Third by the Grace of God of England Scotland France and Ireland King Defender of the Faith c. Anno Dom. 1700. witnesseth That A P. and L. G. Overseers of the Poor in the Town of Nottingham and K. M. Church-warden of the same Town by and with the Consent of G. B. Esq and L. G. Esq two of his Majesty's Justices of the Peace of the County of Nottingham have by these Presents Placed and bound L. C. being a Poor and Fatherless Child as an Apprentice to W. H. of Nottingham aforesaid Shoemaker and as an Apprentice with him the said W. H. to dwell from the day of the Date of these Presents until he the said L. C. shall come to the Age of 24 Years according to the Statute in that Case made and provided by and during all which Time and Term the said L. C. shall the said W. H. his Master well and faithfully Serve in all such lawful Business as the said W. H. shall put him the said L. C. unto according to his Power Wit and Ability and honestly and obediently in all things shall behave himself towards his said Master and all the rest of the Family of the said W. H. And he the said H. W. for his part promiseth covenanâ—eth and agreeth that he the said W. H. the said L. C. in the Art and Mystery of Shoemaking in the best manner that he can or may shall Teach Instruct or Inform or cause to be Taught Instructed or Informed as much as thereunto belongeth or he the said W. H. knoweth And also during all the said Term to find unto him his said Apprentice Meat Drink Linnen Woollen Hose Shoes Washing and all other things necessary or needful for an Apprentice In Witness whereof we the said W. H. and L. C. have interchangeably set our Hands and Seals the Day and Year of Date abovesaid ☞ Note In this Case the Binding is effectual to all Purposes as if the Children were of full Aâ—â—e and did Bind themselves by free Consent of Indenture and Covenant and they so bound may safely be received and kept by their Masters or Mistresses to whom they are bound only if she be a Female her Marriage will release her though the time of her Indenture be not expired as in all other Cases of Indenture on that account and here otherways neither Sex can be discharged from their Masters or Mistresses to whom they are bound as Apprentices but by a Justices of Peace at least in open Sessions or else by the Agreement of the Master c. and Apprentice under the Master's Hand in Writing CHAP. LXXVII How far the Overseer is concerned about settling the Poâ—r and what otherways relates with some nice Points relating to Bastards c. BY Settlement of the Poor it is here meant such as are likely to be troublesome and chargeable to the Parish or Place where they reside And by the 13 and 14 of Charles 2. Chap. 1â— The Overseers and Church-wardens making their Complaint to any Justices of Peace within 4 days after any Person that is poor and likely to trouble the Parish cometh to settle in a Tenement under 10 l. by the Year 2 of the Justiceâ— one being of the Quorum by Warrant under their Hands and Seals may remove such a Person to the Parish where they last had a legal Settlement by the space of 40 days or more unless Surety can be by them given that the Justices shall approve of to secure the Parish c. from Damages or Charges that may ensue and all Persons agrieved have free Liberty to appeal to the Quarter-Sessions In Harvest or Work-time poor Persons setled in a Parish having a Certificate under the Hands of the Minister of the Parish one Church-warden and one Overseer of the Poor declaring them Inhabitants there may go into any of the adjacent or distant Parishes to Work and if they do not return by reason of Sickness or any other Impediment it shall not be accounted an Impediment
with the Advice of the Inhabitants or the major part of them upon publick Notice before given are diligently to oversee those that Work on the days appointed for the digging and carrying Gravel and other Materials for mending such Ways where they shall find them defective giving them Directions in order thereto and upon publick Notice or Wa ning the Persons so qualified are to send their Carts and Labourers Every Person having in his own Occupation a Plough-Land in Tillage or Pasture or keeping a Plough or Draught in the same Parish is liable to send according to the Fashion and Custom of the County wherein he resideth or is so legally Charged a Wain or Cart with Oxen or Horses fit for Carriage and Work of this nature attended by two able Men who shall do such Work as shall be by the Surveyors appointed them for the space of days Working 8 hours every such day under the Penalty of forfeiting for every days Default 10 s. and every other Housholder Cotter or Labourer not being a hired Servant shall in Person attend the Service to Work or send an able Man in his stead under Penalty for every days Default to pay 12 d. and all other Persons being no otherways chargeable but Cottages being Subsidy 5 l. in Goods or 40 s. by the Year in Lands or above they must find two able Men to Work in the Service It is in the Discretion of the Surveyors if there be more Carts Wains c. than are necessary to appoint two able Men instead of a Team on forfeiture of 12 d. each in case of Defect And if in 6 days the Ways cannot be conveniently mended as is the usual time they may set a farther time but then they must make Payment for it according to the Rate of the County and if hereupon there be no Agreement the Justice may settle the Rate If Materials be wanting the Surveyors may take the small loose Stones from any Man's Quarry and such Rubbish as he finds there it being near the Road without paying for it but must not dig not take away the great Stones They may dig Gravel and Sand for the like Use near any Highway in other Mens Ground not being their House Yard Orchard or Garden without paying for it the Pit not exceeding 10 Foot in breadth and the like in width which as soon as the Work is over must be covered up and made good at their Charge who caused it to be digg'd or if it be so filled up within the space of one Month they forfeit 5 Marks to be recovered by the Owner by Action of Debt All Owners of Ground adjoining to the High-ways are to keep their Hedges low and upright that the Boughs or Brambles standing out may not hinder or offend Travellers and that so the Sun may shine on the Ways to dry them and such as are negligent in this may be Presented and Indicted and thereupon forfeit 10 s. besides their Charges And in case Ditches are stopped up with Mud or Ouse that should be Drains to the Highway so that the Water lies in it and cannot have a current Passage the Owner of such a Ditch or Water-drain shall forfeit 12 d. for every Rod so neglected to be Scowred by 18 Eliz. Chap. 10. And the Surveyor hath power to make Conveniencies for draining the Highways as Sluces Out-lets of Water c. into any Man's Ditch or Ground for the better and more speedy Conveniency of passing the Road. If any Man upon Cleansing a Ditch cast the Soil into the Road and suffer it to lie there above the space of six Months he is liable to pay 12 d. per Load for as many as shall be adjudged to be there If a Justice of the Peace shall upon his own Knowledge of any Nusance on the Road make a Presentment it stands good and two Justices one being of the Quorum may make the Amercement or Fine to be levyed on the Offender These Officers viz. Surveyors have in their Care all Bridges witnin their several Parishes or Liberties to see they are kept in good Repair from time to time at the Charge of the Parish Hundred or as the Custom has been and is continued and if a Custom has therein ceased for a time it may be revived for in some Cases particular Persons are bound by Tenure of Land c. to repair part or the whole of a Bridge c. without a Parish Charge But to instance these Particulars would be too tedious for my intended Brevity and many times a whole County Iles chargeable to be Rated for the Repair of a Bridge c. CHAP. LXXXII The Office of a Surveyor in draining the Roads making Presentments and in what Case a Justice of Peace may Present how the Surveyor shall be Reimbursed for Moneys laid out for Materials c. A Surveyor may Cause a Water-course or Spring in the Highway within his Parish to be turned into another Man's Ground or his Ditch next adjoining to the said way for the Conveniency of keeping the Road dry as in his Discretion shall seem fitting Dalt Chap. 50. Fol. 103. The Surveyors o any one of them have power to present to the next Justice of the Peace every Default upon the 2 and 3 of Philip and Mary Chap. 8. and 5 Eliz. Chap. 14. within one Month after the Default made on the Penalty of 40 s. and the Justice under Penalty of 5 l. must certify the same at the next Quarter-Sessions where the Bench of Justices have power to enquire of the Default and to set such Fine on the Offender as any two of them one being of the Quorum shall think fit 5 Eliz. Chap. 1â— If any Justice of the Peace present in Sessions upon his own Knowledge it shall be a good Conviction whereupon any two of the Justices the one being of the Quorum may assess a Fine as well as if the Matter had been found on the Verdict of 12 Men But in this Case the Offendor shall be as in other Cases admitted to his Traverse 5 Eliz. Chap. 13. Rast 199. and all such Fines and Forfeitures are to be bestowed and employed towards the mending and bettering of the Highways in the Parish where the Offences are committed Wing Abridg. Stat. Tit. Highways 2 3 P. M. Chap. 8. Where Surveyors have laid out their Money for Materials to mend the Ways where without there were none fitting to be had it is enacted 2 and 3 of William and Mary That upon notice given by the Surveyors of Highways to the Justices of the Peace at their Grand Sessions and Oath made of what Sum or Sums of Money are expended to that Use and Behoof the Justices thereupon or any two of them under their Hands and Seals may cause an equal Rate to be made for the reimbursing the Surveyor or Surveyors the Moneys by them to the Use aforesaid laid out upon all the Inhabitants of such Parish or Township where it was expended