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A74511 An ordinance for better amending and keeping in repair the common high-waies within this nation. Fryday March 31. 1654. Ordered by His Highness the Lord Protector, and his Council, that this ordinance be forthwith printed and published. Henry Scobell Clerk of the Council. England and Wales. Lord Protector (1653-1658 : O. Cromwell); England and Wales. Council of State. 1654 (1654) Thomason E1063_26; ESTC R209578 7,562 19

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AN ORDINANCE FOR Better Amending AND Keeping in Repair THE COMMON HIGH-WAIES WITHIN THIS NATION Fryday March 31. 1654. ORdered by His Highness the Lord Protector and his Council That this Ordinance be forthwith printed and published HENRY SCOBELL Clerk of the Council London Printed by William du-Gard and Henry Hills Printers to His Highness the Lord Protector 1654. AN ORDINANCE For better amending and keeping in repair THE Common High-Waies within this NATION WHereas the seueral Statutes now in force for mending High-waies are found by experience not to haue produced such Good Reformation as was thereby intended Therefore and to the end more effectual Remedies may be provided Be it ordained by His Highness the Lord Protector by and with the advice and consent of his Council I. That in every Parish within this Nation of England and Wales there be two or more according to the Greatness of the Parish able and sufficient Hous-houlders inhabiting in such Parish and severally holding Lands there of the yearly value of twenty pounds or more in occupation or such others as shall be worth one hundred pounds in personal Estate elected and chosen upon the first Tuesday next ensuing the five and twentieth day of March yearly to be Surveyors of the High-waies within their Respective Parishes for the year ensuing II. That if it shall fall out that no such Surveyors shall be chosen as aforesaid within any such Parish that then in such case the Parishioners of every such Parish shall forfeit twenty pounds to be levyed upon the most Substantial Inhabitants thereof who are to have contribution from all the rest of the Inhabitants of the said Parish who are taxable hereby for repair of the said High-waies and in case of difference in rating the same to be ordered and settled by the Iustices of the Peace of the said County City or Town Corporate where such Parish lyes or any two of them and in such case where no such election of Surveyors shall be made as aforesaid the then Overseers for the Poor of that Parish are hereby appointed to be Surveyors of the said Surveyors of the said High-waies within such Parish for the year ensuing III. That every Person being elected or hereby appointed to be Surveyors of High-waies as aforesaid shall undertake the Office and shall within ten daies after such his Election or being appointed as aforesaid procure himself to be sworn before some Iustice of Peace of the County Riding City or Town Corporate or Limit within which his Parish doth ly diligently and faithfully to execute the office of Surveyor of High-waies within his Parish for the year then ensuing and faithfully to accompt for all moneys which shall come to his hands by vertue of his said Office which oath every Iustice of Peace is hereby impowred and authorized to administer within the Limits of his Commission accordingly And if any such person so elected or hereby appointed shall refuse to accept of his said Office and to procure himself to be sworn as aforesaid that then every person so failing shall forfeit for the same the sum of ten pounds IV. That every Surveyor of High waies having accepted the Office and being Sworn as aforesaid shall diligently apply himself to the duty and Execution of his Office and shall within ten daies after his Oath taken view all the Common and Publique High-waies and Roads where Carts and Carriages usually pass and all Common Bridges belonging to the said Parish to repair and all Water-courses as also all Streets and pavements and Common Nusances in the said Waies and Streets within their respective Parishes And shall consider what Reparations will be needfull to be made and what summes of money will be requisite and necessary to be raised within the Parish for amending and repairing the same upon pain of forfeiting twenty shillings a piece for neglect of such view V. That the said Surveyors do within six daies after such view give publique notice in the Church or Chappel to the Parishioners to meet to make an Assesment for repairing the said High-waies streets for making repairing of pavements and for cleansing the said Streets and pavements from time to time and for what else shall be requisite for the purposes aforesaid and thereupon a Rate or Tax in writing within three daies after such notice shall be laid by the said Inhabitants present at such meeting or the greater number of them by a pound Rate upon all the several Occupiers of Houses Lands Tythes Cole mines fellable Woods Tenements or Hereditaments within the Parish according to the true yearly value of the same and also upon the dead Goods Commodities or Stock in Trade of every particular Parishioner charged to pay to the poor rating every twenty pounds value of such Goods equal to every twenty shillings Land by year And such further Rate to be afterward and oftner made as occasion shall require so as all the Rates together do not exceed twelve pence in the pound for any one Parish in any one year VI. That if such Parishioners or the greater number of them shall not agree among themselves to make such Rate within two daies after such meeting that then the said Surveyors of High-waies themselves shall make a Rate in writing according to the direction aforesaid and such Rate as the said Parishioners or Surveyors respectively shall so make being confirmed by one Iustice of peace shall stand until upon complaint and proof of some Irregularity or Inequality therein to the Iustices of Peace at the Sessions the Bench of Iustices or any two of them then present shall see cause to alter the same And if the said Iustices shall find cause to alter it then the said Rate with such alteration as they shall make shall stand without any further Appeal VII That in case where Common Nusances are in High-waies or where such Common High-waies in any Parish are streightned by reason of inclosures made within twenty years either by Hedges Ditches Walls or the like or where Ditches or Water courses adjoining upon such High-waies or which do lead the water from such High-waies are not scoured and dressed or where any pavements are defective or any Nusances by filth or otherwise are in any paved Streets the said Surveyors shall see that the same be reformed and the Offenders in any of the premisses punisht according to Law by Information or Indictments deducting for the charge of prosecution out of the monys collected and the said Parishioners or Surveyors of High-waies respectively are hereby impowred in such case also to impose and leavy over and above the twelve pence in the pound before-mentioned such greater Taxes and Rates upon the Occupiers of those Lands where such Inclosures or Vndrest Ditches or Fences be as they shall respectively think fit having the same Rates allowed by the Sessions of the peace or the two next Iustices of peace as aforesaid which shall be final to the parties VIII That if any Parishioners rated