levy or cause to be levied by distress or lawful means the said Forfeitures and Sum of Mony so assessed and may make such Avowry Cognizance or Justification as by the Common Laws may be made for Arrearages of Rent-Charge and shall have like Judgment Costs Damages and Return All and singular Person and Persons 18 El. ch 19. Paving Rast 7. Stat. at large printed 1587. f. 618 619. Keb. St. 1. 863. their Heirs and Successors which shall be immediate Owners Land-Lords or Ter-Tenants of any Houses Lands or Tenements within the City of Chichester in Fee-simple Fee-tail or for Life or Years shall from time to time by the assignment of the Mayor for the time being pave or cause to be paved with good paving Stones along from and against his or their House and Houses Lands and Tenements adjoyning to the Street so much of the said Street in length to the Channel or to such place as the Channel there shall be by the Mayor appointed Pain for not paving upon pain to forfeit for every Yard square not sufficiently paved within two months after warning thereof given by the major-part upon the Presentment thereof made before him by the Oaths of twelve honest Men of the said City chosen for that purpose the Sum of three shillings and four pence and the Owners Land-Lords and Ter-Tenants of any House Houses Lands or Tenements in Fee-simple c. within the said City adjoyning to any of the greater Streets there called the East West North and South-Streets their Heirs and Successors shall from time to time maintain and repair the said Street and Streets so adjoyning with like Stone against their Houses c. in such like manner as above declared in pain of twenty Pain for noâ— keeping Streets in repair and wâ—ll paved pence for every Yard square not sufficiently repaired and amended and being presented in manner and form aforesaid which Forfeitures shall be to the use of the Mayor and Citizens towards the maintenance and repairs of the City Walls and the Mayor for Mayor to make inquiry every quarter of a year and to levy Penalties by distress the time being shall have power every quarter of a Year to enquire of the Defaults by the Oaths of twelve Men and to levy or cause to be levied the said Forfeitures by distress or other lawful means and make such Avowry Cognizance or Justification as by the Common Laws may be made for Arrearages of Rent and have like Judgment for Costs Damages and Return The Lessee for Years or at Lessees to defalk out of their Rents Will may defalk and abate so much out of their Land-Lords Rents as they shall expend in such paving iâ— there be no Covenant to the contrary CHAP. XVI An Abstract of the Statutes made for repairing Huntington-Lane near the City of Chester the common High-way called the Cawsey lying in the Counties of Dorset and Somerset between the Towns of Shaftsbury and Sherborne and for amending the High-ways within five Miles of the City of Oxford BY the Statute of 37 H. 8. Huntington-Lane 37 H. 8 ch 3. High-ways Rast 2. Stat. at large printed 1587. f. 1011. Keb. St. f. 606. near the City of Chester being in length two miles and an half or thereabouts is to be repaired from time to time by one that shall dwell in the said Lane who shall have Grass Pasture or Feeding for five Kine or five other kind of Beasts or Head of Cattel in and upon the said High-way and upon the sides of the same from Bothil to Butterback-Bridge Sir William Stanley and Sir Hugh Calverly and their Heirs Males being of full Age and in default of them the Mayor and Aldermen of Chester shall appoint the said Party and remove him if he be negligent in repairing any part of the said Way By the Statute of the first of Queen 1 M. Sess 3. ch 5. St. aâ— large printed 1587. f. 230 231. Shirbone Rast 1. Keb. St. f. 716. Mary The common High-way called the Cawsey paved with Stone in the Counties of Dorset and Somerset between the Towns of Shaftsbury and Sherborne being about twelve miles in length shall be repaired and amended Who chargable to the repairs by the Owners Tenants Farmers and Inhabitants of the Mannors Lands Tenements and Parishes lying nigh to the said Cawsey on either side thereof and by the Inhabitants of the Towns of Shaftsbury and Sherborne and by the Owners Tenants and Farmers of Mannors Lands Tenements and Hereditaments and by the Inhabitants of and within the Forest of Gillingham and Liberties of Gillingham and Alcetter and the Hundreds of Redlane and Sherborne in the County of Dorset and of the Hundred of Horthorne in the County of Somerset and Justices of Peace â—o make Orders and set Fines the Justices of Peace of the said Counties at their Quarter-Sessions or otherwise may call before them or four of them at the least two to be of the Quorum so many of the Persons bound to repair and amend the said Cawsey as they think fit and to make Orders and Assessments from time to time towards the repair thereof and may set Fines on Defaulters and make Orders for levying by distress the said Assessments and Fines and for a yearly Account to be made of the same to whom they appoint and the said Orders to be entred and inrolled of Record by the Clerks of the Peace of the said two Counties in the Rolls of the Sessions and all Pains and Pains and Penalties how to be bestowed Penalties to go towards the amendment of the said Cawsey and if the Justices refuse to put this Act in execution then upon request of the Lord Chancellor of England or Lord Keeper of the Great Seal shall make a Commission to certain discreet Persons to put this Act in execution who shall have the same Power and Authority as is given to the Justices of Peace by this Act. It is enacted by the Statute of 18 El. 18 Eliz chap. 20. Bridges Rast 4. St. at large printed 1587. f. 619 620 Keb. St. f. 863 864 That every Person and Persons resident dwelling or inhabiting within five miles of the City of Oxford and having in his Occupation to the use of himself or any other a Yard-Land or more in Tillage Pasture or other Ground or using a Draught Plow or Wain at their own proper Costs and Charges for every such Yard-Land is to send one Wain Draught or Cart furnished after the Custom of the Country with Necessaries convenient and two able Men for amending repairing and upbuilding of decayed Bridges Ways and Passages within a mile of the said City and every other Housholder Cottager or Labourer within the said Circuit being no hired Servant must go themselves or send a sufficient Labourer to the repairing the same and all to be at the command of certain Supervisors to be appointed by the Vice-Chancellor and Mayor with other Justices of
such Statutes as have been made for the repairing and amending of some particular Wayes and Bridges in some certain Counties in England and Wales If the Book proves serviceable I have my desire and to such as carp and find fault my request is that they will amend the Errors and supply the Defects and consider that est voluisse satis And tho' my Pains do not merit their good Opinion 〈◊〉 I hope they will have 〈◊〉 occasion to be Angry but whether they be 〈◊〉 no it shall not discouragâ— or deter me to be to thâ— utmost of my Power seâ—viceable to my Countrâ— whilst I am G. Meriton A SUMMARY OF THE CONTENTS Of the several CHAPTER' 's Contained in this TREATISE CHAP. I. OF High-ways in general how many kinds of Ways and how distinguished and of some Priviledges belonging to the High-ways Page I CHAP. II. Who are to be Surveyors of the High-ways and how and by whom to be chosen and when and what Forfeiture for refusing to take the 〈◊〉 upon them and how to be levied 〈◊〉 disposed of 〈◊〉 CHAP. III. What things are first to be done 〈◊〉 the Surveyors of High-ways 〈◊〉 they have taken the Office 〈◊〉 them and within what time 〈◊〉 under what penalty and how to levied and disposed of 〈◊〉 CHAP. IV. Who and what Persons are to appeâ—â— and labour upon the publick or common Days appointed by the Suâ—veyors for the amendment and 〈◊〉 pair of High-ways and where thâ—â— are to appear and after what maâ—ner and how long they are to worâ—â— and under what Penalties anâ— how to be levied and disposed 〈◊〉 with some Cases and Resolutions râ—lating to these Matters 2â— CHAP. V. How Trees Hedges and Bushes growing in or adjoyning to High-way are to be ordered and to whom the Freehold of High-ways belongs and who shall have the Trees growing therein when they are cut down and about scowring Dikes and Gutters and making of Trenches and what Forfeitures for defaults and neglects and how to be levied and disposed of and what breadth High-ways and Causeys in them are to be 42 CHAP. VI. What Stones and Rubbish the Supervisors may take for the amendment of the Highways and in what places and how they may dig for Sand Gravel c. And when they are necessitated to buy such Materials at their Charges how they are to be reimbursed 52 CHAP. VII How when where and before whom Presentments upon the Statutes for High-ways are to be made and to whom and within what time and before whom account is to be made by Officers for Monies received by virtue of any of the said Statutes 57 CHAP. VIII Hâ—w Lands given for the maintenance of Cawseys High-ways Pavements and Bridges are to be let and how Assessments are to be made and gathered for the repairing of High-ways and of such as make resistance and oppose such persons 〈◊〉 are imployed in the Execution of the Statutes made for amendment of High-ways and concerning Suits that shall be brought about the same 64 CHAP. IX The Surveyors Duty about travelling Waggons Wains Carts or Carriages with an account when and by whom and where the Prices for Goods carried by Waggoners and other Carriers are to be assessed and rated and the Penalties for taking above such Rates 69 CHAP. X. Of Nusances in publick and private Ways how removeable and punishable and where an Action upon the Case lies for a Nusance and where not 73 CHAP. XI An Abridgement of the Statute of 22 H. 8. chap. 5. about the Repair of Bridges with some Expositions and Cases in Law relating thereunto 2 CHAP. XII An Abridgment of such Statutes as have been made for the paving and cleansing the Streets and Lanes in the Cities of London and Westminster and Suburbs and Liberties thereof and Out-Parishes in the County of Middlesex and the Borough of Southwark 93 CHAP. XIII An Abridgment of so much of the Statutes of 15 Car. 2. chap. 1. e and 16 and 17 Car. 2. chap. 10. as concerns the repairing the ancientd High-way and Post-Road froâ—â—d London to York and so into 〈◊〉 land as lies in the several Parishe Towns Vills and Hamlets in the County of Hertford and now revived by the Statute of the fourth and fifth Years of their present Majesties Reigns 121 CHAP. XIV How new Ways may be set out in the Welds of Kent and Sussex and how and by whom Kings Ferry in the Isle of Sheppy and the Ways belonging â—o the same with the Sea Banks and Sea Works on the Coasts of Norfolk are to be repaired and what the Owners and Occupiers of Iron Works are to perform 〈◊〉 pay towards the repairs of the High-ways in Sussex Surrey and Kent 136 CHAP. XV. The Heads of the Statutes made for paving repairing and maintaining the Streets and Lanes in Cambridge Ipswich and Chichester 145 CHAP. XVI An Abstract of the Statutes made for repairing Huntington-Lane near the City of Chester the common High-way called the Cawsey lying in the Counties of Dorset and Somerset between the Towns of Shaftsbury and Sherborne and for amending the High-ways within five Miles of the City of Oxford 151 CHAP. XVII The Heads of the two Statutes made in the 18 and 27 Qears of Queen Elizabeth for the maintenance and reparation of Rochester-Bridge in the County of Kent 156 CHAP. XVIII An Account of the Statutes of the 39 and 43 Eliz. made for repairing and maintaining the Bridge at Wilton upon Wye in the County of Hereford and Edon and Prestberk Bridges in Cumberland 160 CHAP. XIX How Chepstow-Bridge standing between the Counties of Gloucester anâ— Monmouth is to be repaired aâ— maintained 1â— CHAP. XX. Cardiff Newport and Carlion-Bridgâ— in Wales how to be repaired aâ—â— maintained 1â— A GUIDE FOR SURVEYORS OF THE High-Ways CHAP. I. Of High-ways in general how many kinds of Ways and how distinguished and of some Priviledges belonging to the High-ways AN High-way in our Law-Language Co. Lit. f. 56. 2. Terms of the Law and Blounts Lavv Dictionary verb Chimin and Chiminage Crom. Jurisd f. 189. is called Chimin being a French word for Way whereof cometh Chiminage or Chimmage Chiminagium or Chimmagium which signifies a Toll due by Custom for having a Way or Passage through a Forest to the disquiet of the Wild Beasts of the Forest And no Forester but such as hold in 9 H. 3. Charta Forestâ— cap. 1.4 Forest 14. Rest Fee-Farm of the King are to take any Statutes at large printed 1587. f. 5. Wingates Forests Chases c. §. 14. Keb. Stat. printed 1684. f. 7. Raft Forest 14. Chiminage or Chimmage and such who do hold in Fee-Farm are to take it only in such places where it hath been accustomed to be paid viz. Two pence half yearly for a Cart and for an Horse that beareth Loads every half year an half peny and this must be but of such that come as Merchants by licence to buy Bushes Timber Bark or Coal and sell the same again at
pleasure but for no other Carriage by Cart shall Chimmage be taken noâ— of those that bear upon their Backs Brushment Bark or Coal to sell though they get their Livings by it except they take it in the Kings Demesâ— Woods An High-way in Latin is called via Co. Lit. 56. Dalt J. P. printed 1677. chap. 50. f. 98. vid. Fleta lib. 4. cap. 1. Bract. lib. 4. f. 232. Kitchin Court Leet c. printed 1585. p. 49. b. a vehendo from carrying in respect oâ— the Carriages passing to and fro therein and is defined to be transitus a locâ— ad locum the passage from one placâ— to another And although it be said in the Terms of the Law and by Mr. Blount that there are but two kinds of Ways yet my Lord Cook and others tell us that there are three kinds of Ways As first a Foot-way calleâ— Iter Quod est jus eundi vel ambuland hominis where a Man hath right to go and come and was the first or prime Way The second kind is both a Foot-way and a Horse-way which is called Actus ab agendo and vulgarly is called Pack and Prime-way because it is both a Foot-way which was the first or prime-way and a Pack or Drift-way also sometimes called a Bridleway and then the third kind is Via or Aditus which contains both the other two and also a Cart-way or Carriage-way for this is jus eundi vehendi vehiculum jumentum ducendi A publick way for Cart and Carriage and driving Cattel c. and this Way is two-fold viz. Regia Via the Kings High-way free for all Men and Communis Strata belonging to a City or Town or between Neighbours and Neighbours And Minshaw also out of Vlpian Dalt J. P. printed 1677. chap. 50. f. 98. makes three kinds of Ways Publicam Privatam Vicinalem a Publick-way a Private-way and a way of Vicinage or Neighbour-hood via publica quam Latini Regiam appellant a Publick-way is that called the Kings High-way via vicinalis quae in vicis est vel quae in vicos ducit these Ways of Vicinage are Ways between Street and Street Neighbour and Neighbour House and House in Cities and Towns via privata est quam agrariam dicunt A private way is reckoned to be a Field-way and these ways are of two sorts vel ea quae ad agros ducit per quam omnibus commeare licet either that way which leads into the Fields lawful for all Men to pass and repass go and come in vel ea quae est in Agris cui imposita est servitus it a ut ad Agrum alterius ducat or such a Way as is set out in the Fields to lead to another Mans ground And these private ways also which Terms of the Law and Blounts â—aw Dictionary 〈◊〉 Chimin one or more Men have either by Prescription or Charter through another Mans Grounds are likewise divided into a way in gross and a way appendant Chimin in gross is that way which a Man holds principally and solely in â—â—â—self as if a Man hires a Close or Pasture and hath a Covenant for ingreâ—â— and regress to and from the said Cloâ—â— through the Ground of some other Man through which otherwise 〈◊〉 might not pass this is a way in gross Or a way in gross may be that which the Civilians call personal as wheâ— one Covenants for a way through thâ— Ground of another Man for him and his Heirs And Chimin appendant 〈◊〉 way appendant is that way which a Man hath adjoyned to some other things as appertaining and belonging thereunto and may be that way which the Civilians call Real as where a Man purchaseth a way through the Ground of another Man for such as do or shall dwell in this or that House or that are the Owners of such a Mannor for ever c. And this is a way appendant to the said House or Mannor And it was said by Fairfax a Justice 5 H. 7. f 7. b pl. 15. Kitchin Court Leet c. printed 1585. p. 50. b. Bro. Chimin 14. of the Kings Bench that if a Man have Chimin appendant a way appendant to his Mannor or House that this way cannot be made in gross by Grant because none can have the benefit of such way but he that hath the Mannor or House to which the way is appendant but via Regia the Kings High-way may be made in gross because the Country may have the benefit of it notwithstanding that they have Tr. 10 Car. 1. â— R. per Curiam upon a Tryal at Bar upon an Information against Sir Edward Duncombe Cro. Car. f. 366. pl. 3. Rolls Cases 1 part f. 390. not the Land If there be a Common High-way for all the Kings Subjects which lies in an open Field uninclosed and it hath been used time out of Memory that when the said way hath been foundrous A. 10. 15. Dalt J. P. printed 167â— ch 50. f. 98. Bonâ— Guide for J. P p. 110. and bad that then the People have used to go by Outlets upon the Lands adjoyning in this Case these Outlets are parcel of the way for the Kings Subjects ought to have a good Passage and the good Passage is the Way and not only the beaten Track for if the Lands adjoyning were sown with Corn the Kings Subjects the way being foundrous may go over the Corn. Where a Common High-way hath Cro. Car. ubi supra Rolls Cases 1 par 8. 390. B. 30. 35. 40. 45. Dalt J. P. ubi supra Compleat Justice printed 1681. p. 160. time without memory been used to be repaired by the Country If afterwards J. S. who hath Land not inclosed next adjoyning to the said High-way on both sides thereof and he for his own advantage doth inclose his Land on both sides of the way with an Hedge and Ditch he by this hath taken upon him to repair the said way for the future and hath freed the Country from the Reparation thereof so that at all times afterwards when need requires he must repair it and it is not sufficient for him to make it as good as it was at the time of the Inclosure but he ought to make it a perfect good way without having any respect to the way as it was at the time of the Inclosure for when the way laid in the open Fields not inclosed the Kings Subjects used when the way was bad and foundrous to go for their better passage upon the Fields adjoyning to the way out of the common Track of the way which liberty is taken away by the Inclosure And in Sir Nicholas Staughtons Tr. 22 Car. 2. B. R. Siderf Rep. 1 p. f. 464. pl. 8. Case it was said by the Chief Justice and not denied That if one inclose Land but on one side of the High-way which was anciently inclosed on the other side he which makes such new Inclosure must repair the whole way but if there
a City or Town Corpoâ—â—te it must be repaired by the Shire 〈◊〉 Riding within which it is situate 〈◊〉 if it happen to be part in one â—hire Riding City or Town Corâ—orate and part in another then the â—nhabitants of the several places shall reâ—air their several parts that lie within â—â—eir Precincts And in every Case where it cannot 22 H. 8. ch 5. Co. ibid. f. 703. Keb. ibid. sect 4 5 8. Poult ubi supâ—a Bridges 2. 〈◊〉 known and proved what Persons 〈◊〉 Tenements or Bodies Politick 〈◊〉 or make and repair the same Wingate Bidges sect 5. 〈◊〉 four Justices of the Peace one to 〈◊〉 of the Quorum within the Limits 〈◊〉 their several Commissions and Auâ—â—orities have power to call before â—â—em the Constables or two able Men 〈◊〉 every Town and Parish within the 〈◊〉 Riding City or Town Corpoâ—â—te and with the assent of the said So that by thâ—â— Act the Justices cannot make the Tax without the Constable or two Inhabitants noâ— they without the Justices Co. Inst 2 p. f 704. â—onstables or Inhabitants may make Tax of such a reasonable Sum of 〈◊〉 upon every Inhabitant in any 〈◊〉 City Town or Parish within the 〈◊〉 of their Commissions as they all think fit and the Names and Every Inhabitant is to be taxed by himself and not a gross Sum upon a Constable c. Co. ubi supra Poult Bridges 3 4. 〈◊〉 of every particular Person so by 〈◊〉 taxed being written in a Roll 〈◊〉 the Justices shall appoint two â—â—llectors for every Hundred who receiving one part of the Roll so 〈◊〉 dented under the Hands and Seals the said Justices by virtue thereof 〈◊〉 are to collect and receive the 〈◊〉 therein mentioned and to 〈◊〉 upon such as refuse and to sell 〈◊〉 Distress and retain and keep all 〈◊〉 Mony taxed and the residue if 〈◊〉 Distress be better to deliver to 〈◊〉 Owner thereof and the Collectors 〈◊〉 to pay the Monies into the Hands 〈◊〉 the Surveyors appointed by the 〈◊〉 Justices for that purpose who are 〈◊〉 see such decayed Bridges repaired 〈◊〉 amended which Collectors and Sâ—â—veyors and their Executors and Adâ—â—nistrators are to render an Account the said Justices upon pain of Iâ—prisonment Wingate Bridges seâ—â— 8. without Bail till 〈◊〉 make a true Account upon which 〈◊〉 the Justices are to allow 〈◊〉 such reasonable Costs and Charges they think convenient and the 〈◊〉 upon presentment of 〈◊〉 against such Persons as own to chargeable to the making and 〈◊〉 of such Bridges may make 〈◊〉 Process into every Shire within 〈◊〉 Poult Bridges 5. Wingate Bridges sect 6. Realm against such Persons and Sheriffs and Bailiffs of Liberties 〈◊〉 Franchises are to obey the same 〈◊〉 pain make such Fine as the said 〈◊〉 think fit This Act shall not extend to the 22 H. 8. ch 5 Kâ—b St. at large printed 1684. f. 385. sect 6 7. Poult Bridges 6. Wing Bridges sect 7. â—iberties of the five Ports or Members â—â— the same save only that the 〈◊〉 Mayors and Bailiffs elected and 〈◊〉 of the same Ports and every â—â— them have such Power and Auâ—â—ority to enquire hear and determine 〈◊〉 manner of common Annoyances 〈◊〉 Bridges within the same Ports and â—embers as the Justices do in their â—hires and Liberties out of the same â—orts by virtue of this Act. A Bridge in Latin is called Pons a Co. 2 Inst f. 701. in Mâ—rgin 700 in Margin 〈◊〉 Quia tanquam in Aere pendet 〈◊〉 my Lord Cook Because it hangs as 〈◊〉 were in the Air but some derive it 〈◊〉 Pono to place or set Quia ad 〈◊〉 ponitur Because it is set for 〈◊〉 over And the said Lord Cook â—aith That Pons significat omne quod â—uper Aquas transimus Every thing â—â—at we may pass-over the Water upâ—n and Pontage is derived from Pons Terms of the Law and Blounts Law Dictionary verb. Pontage Co. Rep. 8. lib. f. 47. â— 3 E. 3. Ass 445. F. N. B. D. 227. 〈◊〉 signifies sometimes the Contriâ—ution that is given for the mainâ—â—nance or re-edifying of Bridges and â—ometimes the Toll paid for that purâ—ose by those that pass over Bridges â—nd so it is mentioned in 39 Eliz. chap. 24. And before the making 〈◊〉 27 Ass pl. 28. 43 Ass pl. 37. Co. 2 Inst f. 701. this Statute 22 H. 8. Presentments foâ— repair of Bridges might be by 〈◊〉 Common Law before the Justices 〈◊〉 the Kings Bench or before Justices 〈◊〉 Eyre or Commissioners of Oyer anâ— Terminer and in the Tourn or Leet Of common Right all the Counâ—â—â— 10 E. 3. 28. Co. 13 Rep. f. 33. Co. 2 Inst f. 700 701. Pasch 1â— Jac. 1. Poph. Rep. f. 192 Tr. 2 Car. 1. B. R. Tr. 10 Car. 1. in an Information against thâ— Inhabitants of Middlesex for Longford Bridge agreed by the Court Rolls Case 1 p. f. 368. Câ—om 186. b. 187. shall be chargeable to the Reparatioâ— of a Bridge where no other is bouâ—â— by the Law to repair it because it 〈◊〉 a common Easement for the whoâ—â— County And so as to that Point 〈◊〉 Statute 22 H. 8. chap. 5. was but 〈◊〉 affirmance of the Common Law 〈◊〉 those who have Lands on the one siâ—â— of a Bridge or on the other or 〈◊〉 both sides are not bound of 〈◊〉 Right to repair the same But he who hath the Toll of 〈◊〉 14 E. 3 Bâ—rr 276. â—â— Râ—p 13. lib. â— 33. Men or Cattel which pass over 〈◊〉 Bridge or Cawsey ought to repair 〈◊〉 same for he hath the Toll to 〈◊〉 purpose Et qui sentit 〈◊〉 sâ—ntire debet onus Also a 〈◊〉 may be bound to repair a Bridge Râ—tione tenurae Terrarum sive Tenemeâ—torum c. By reason of the 〈◊〉 â—eâ—ist f. 268. â— N. B 〈◊〉 b. Co. 2 Inst f. 700. of his Lands And if such a Persoâ— alien part of these Lands to one Man and part of them to another 〈◊〉 twenty Acres to one and ten Acres 〈◊〉 another and afterwards one of these 〈◊〉 is presented only and found liable 〈◊〉 the Repairs of a Bridge and is 〈◊〉 for the same in this Case 〈◊〉 may have a special Writ de onerando 〈◊〉 rata portione to be discharged for 〈◊〉 Rate according to his proportion 〈◊〉 a particular Man cannot be bound For the Act of the Ancestor cannot charge the Heir without Profit 21 E. 4. f. 38. b. Co. 2 Inst f. 700 13 Rep. f. 33. 27 Ass pl. 8. Crom 187 49 E. 3. f. 5. b. â—â— E. 4. â— 38. b. Dalt J. P. f. 45. â—y Usage and Prescription viz. That 〈◊〉 and all his Ancestors have repâ—ired â—he Bridge if it be not in respect of â—he Tenure of his Land taking of Toll or other Profits as aforesaid But 〈◊〉 Body Politick or Corporate Spiritual or Temporal who are local and have a perpetual succession may be charged by Usage and Prescription for they may bind the Successors
is declared 22 23 Car. 2. ch 17. Keb. Stat. printed 1684. f. â—434 sect 4 5 6. to be in the Major Commonâ—â—ty and Citizens of the said City 〈◊〉 be mannaged executed and done 〈◊〉 such persons as by the said Mayor Aâ—dermen and Commons in Commâ—â— Council assembled shall be thereupâ—â— authorized and appointed or by aâ—â— seven or more of them being 〈◊〉 Members of the said Court and 〈◊〉 other persons whatsoever And aâ— Paviers and Scavengers c. to observe the Commissioners Orders Paviers Scavengers Carters Laboureâ— and Lighter-men that shall be imployâ—â— about any of the said Works are 〈◊〉 observe and obey such Orders froâ— time to time as the said Commissioneâ— or any seven or more of them shall appoint and the persons therein offending may be proceeded against and thereof convicted by Indictment at the next Sessions of the Peace held for the said City and Liberties according to their Offence unless they submit to the censure of such seven Commissioners or more and pay such Mult or Penalâ—y as they shall impose for such Offence into the Chamber of the City of London to be imployed towards the Works mentioned in the said Act. And for the better enabling the Power given to Coâ—missioners to raise a Tax or Assessment Keb. St. ibid. sect 7. Mayor Commonalty and Citizens to defray the Charge in effecting and performing the Works mentioned in the Act the Commissioners or any seven or more of them at their publick Meeting have power to impose â—ny reasonable Tax or Assessment upon the several Wards and Precincts within the said City and Liberties â—nd to direct their Warrants to the several Deputies and Common Counâ—il-Men of such Wards to rate and â—ssess the said Taxes and Assessments 〈◊〉 manner following and also to diâ—ect like Warrants to such and so many of the Scavengers within the said Wards as they shall think fit thereby requiring them to collect and levy the Monies so assessed upon receipt whereof the said Deputies and Common Council-Men are to make an Assessment and Distribution of the proportion charged upon their Wards as well upon the Tenants and Occupiers of Houses Shops or other Tenements or Hereditaments as upon Owners or other interested of or in such Houses Tofts of Ground unbuilt and other Hereditaments whereof there shall be no Person Occupier and a reasonable proportion to be assessed on the Parish whose Church-yard shall be fronting and adjoyning to anâ— of the Streets Lanes or Passages 〈◊〉 be paid by the Church-wardens there of in behalf of the Parish and the Duplicates of the Assessments and Scavengers Names to be returned Keb. St. ibid. sect â— Deputies and Common Council-Meâ— within twenty days after the receipâ— of their Warrant are to return Dâ—plicates in Writing of the Assessmenâ—â— with the Names of the Scavengers appointed to collect the same and iâ— default of assessing or returning Dâ—plicates the said Commissioneâ—s 〈◊〉 any seven of them may assess the saiâ— Wards where such default shall be in manner as aforesaid all which 〈◊〉 to be rated and assessed in pursuance of the Act are to be collected and levied by the Scavengers appointed to collect the same and for default of payment by the space of six days after demand they are to levy the same by distress and sale of Goods of the Parties refusing or neglecting to pay rendring the overplus if any be besides reasonable Charges to the Parties so distrained and the Scavengers are Scavengers to pay the Assessments when collected into the Chamber of London Keb. Stat. ibid. sect 9. to pay all the Monies so to be collected into the Chamber of the City of London and the Chamberlain is to keep Books of the receipt thereof and no Mony to be paid out from thence but by Order or Warrant under the Hands of the said Commissiooners or any seven of them for the Uses in and by the Act appointed Where any Citizen is agrieved or Grievances through defect of paving how to be redressed Keb. St. ibid. sect 10 11 13 14. any Inhabitant through the defect or decay of Pavements in any of the Streets Lanes or Passages within the the said City or Liberties thereof for want of due cleansing and being made known to the said Commissioners or any seven or more of them at their publick Meeting upon due proof made that such Grievance is unreformed the persons complaining shall receive their Order for the redressing thereof and a Warrant under their Hands and Seals to the Chamberlain to issue out Monies for defraying the Charge thereof and a Sum of Mony not exceeding ten shillings for incouragement of his or their Dâ—ligence and upon receipt of the Warrant the same is to be paid accordingly and the Mayor Aldermen and Commons Laystalls for laying Dirt and Rubbish c. in to be purchased in Common Council assembled may set out and purchase for the publick Use of the City in places convenient parcels of Ground for Laystalls to lay Dirt Rubbith c. in and places for publick Stores of Materials and Commodities the said pieces of Ground for the Uses aforefaid to be purchased with the Monies raised out of the imposition upon Coals and persons agrieved by reason of any Tax Assessment or other Charge within five days after demand thereof to appeal to the Mayor and Court Appeals to whom to be made in case of grievance of Aldermen whose Order in that behalf shall be final and none that are liable to be taxed rated or assessed by this Act for or in respect of any Houses Tofts or other Hereditaments towards the publick Charge of altering inlarging amending or cleansing of the said Vaults or Sewers c. shall be otherwise charged for or in respect of any Houses Tofts c. shall 2 W. M. ch be otherwise charged therewith and if any Persons be sued or prosecuted for any thing done in pursuance of this Act in any Court whatsoever they may plead the general Issue and give the special Matter in Evidence and if the Plaintiff or Prosecutor shall be Non-suited or suffer Discontinuance or a Verdict pass against him or her the Defendant and Defendants shall recover their treble Costs for which they shall have like Remedy as in any Case where Costs by Law are given to the Defendants For the better cleansing and keeping The Lord Mayor or any Alderman may present where Ashes Soil Dust or Rubbish is thrown or laid in the Streets c. the Streets Lanes and Passages within the City of London and Liberties thereof it is enacted by the Statute of the second Year of their Majesties Reigns King William and Queen Mary That the same shall be ordered and mannaged and Rates and Impositions laid and levied and all other ways and means therefore used and observed according to the ancient Usage and Custom of the said City and that the Lord Mayor for the time being or any Alderman of the
said City for the time being upon his own proper Knowledge or View in the open General Sessions may make presentment of the throwing our 〈◊〉 laying or suffering any Ashes Soil Dust or Rubbish or other Nusance 〈◊〉 Obstruction in any the Streets Lanes or Passages of the said City or Liberties thereof which Presentment shall be good and effectual and the Lord Mayor and Justices of the same City are immediately at the same General Sessions to assess Fines for such Offences not exceeding twenty shillings for any one Offence which said Fines shall be levied and paid unto the Chamberlain of the City of London for the time being for the use of the same City to be employed in the publick Payments of the same City All Persons inhabiting in the Out-Parishes Inhabitants in Out-Parishes in Middlesex Liberties of Westminster and Southwark to sweep before their Houses c. twice in the Week in Middlesex Westminster and the Liberties thereof and the Borough of Southwark or in any the Streets Lanes or Allies comprised within the Weekly Bills of Mortality and the Town of Kensington by the Statute of the second Year of their Majesties Reign King William and Queen Mary must twice in the Week viz. Wednesdays and Saturdays at the least weekly sweep the Dirt and Soil away before their Houses Buildings and Walls and Walls of Churches and other publick Places that it may be ready for the Scavenger to carry away on pain of three shillings and four pence for every Offence or Neglect and None to throw any Ashes Dust Dirt c. before their own Houses or the Houses of any others c. none are to throw cast or lay any Sea-Coal-Ashes Dust Dirt Rubbish Dung or other Filth or Annoyance in any open Street Lane or Alley within the said City or Places aforesaid before their own Dwelling-houses Stables Buildings or Walls or the Buildings or Walls of Churches or Church-yards or other publick Places or suffer it to be done on the penalty of five shillings and none shall lay any Ashes Dirt or Soil before the Houses or Buildings of any Persons Inhabitants of the Places aforesaid or before any Church or Church-yard or any of their Majesties Buildings Palaces or Places whatsoâ—ver or cast lay or throw any such No Annoyances to be cast into publick or private Sinks c. Annoyances into any publick or priâ—ate Sink or into any Water-course 〈◊〉 Common-Sewer within the Places â—foresaid but shall keep the same in â—heir Houses Yards or Backsides or â—he Yards or Backsides of Churches â—nd other publick Buildings till the Scavengers or Officers come and theâ— to carry or cause the same to be carried to them or put into their Carâ— Barrow or other Thing on pain 〈◊〉 forfeit twenty shillings for every Oâ—fence and the respective Church-wardens Church-wardens House keepers c. punishable for suffering Annoyances before Churches their Majesties Buildings c. and the House-keepers and other Keepers of White-Hall Somerset-House St. James-House and St. James Park and the Guard-House and Stables near it and other theâ—â— Majesties Houses and the Ushers Peters and Keepers of Courts of Jâ—stice and all other Publick or other Houses and Places respectively shall be liable to and suffer the like Penaltieâ— for every the before-mentioned Oâ—fences or Neglects done committeâ— or suffered to be done before 〈◊〉 Church or Church-yard or before 〈◊〉 of their Majesties Houses Buildings 〈◊〉 Walls or before any Houses Buildingâ— or Walls or before any publick Builâ—ings Houses or Places whatsoever and the Rakers Scavengers and othâ—â— Scavengers every day to bring their Carts c. Officers thereunto appointed shaâ—â— every day in the Week except Sâ—â—days and other Holy-days bring thâ— Carts and other Carriages into thâ— several Charges and Divisions whâ—â— they can pass and give notice at their approach by a Bell c. â—nd so in every Court Alley c. â—here their Carts cannot pass and â—ay there a convenient time so that â—ll Persons concerned may bring forth â—â—eir Dust Dirt Ashes Filth and â—oil to the Carts and Carriages so â—aying and the Scavengers c. are â—ayly to carry away the same on pain 〈◊〉 forfeit forty shillings for every Ofâ—ence or Neglect None shall hoop wash or cleanse None to hoop wash or cleanse Pipes or Barrels in the Streets â—ny Pipes Barrels or other Casks or â—essels in any the Streets Lanes or â—pen Passages aforesaid nor shall set 〈◊〉 any Dung Soil Rubbish or empty â—oaches to make or mend or rough â—imber or Stones to be swan or â—rought in the Streets on penalty of â—wenty shillings for every Offence â—nd all open Streets Lanes and Allies Streets already paved by whom to be maintained and under what penalty â—ithin the Parishes or Places aforesaid â—ow ready paved are from time to â—â—me to be repaired amended and â—aved at the Charges of the Houseâ—olders Inhabitants there and where â—ouses are empty at the Charges of â—he Owners or Proprietors thereof â—efore their Houses Stables or Outâ—ouses so far as their Housing Walls a Buildings extend unto the Denterstone or Channel or middle of 〈◊〉 said Street Lane or Alley on pain 〈◊〉 forfeit for every default twenty shilling for every Perch or Rod and aftâ—â— that Rate for a greater or lesser quâ—â—tity and twenty shillings a Week 〈◊〉 every Week after until the same shaâ— be sufficiently paved and any one 〈◊〉 more Justices of the Peace of thâ— Place or Division where any neâ— New Streets how and by what Order to be paved and repaired and under what Penalty Streets are or shall be made may freâ— time to time view the same and 〈◊〉 upon such view they think them 〈◊〉 to be paved or otherwise amended then to certifie the same under theâ—â— Hands to the Justices of the Peace 〈◊〉 the next respective General Quartâ—â— Sessions of the Peace for the 〈◊〉 where such Streets are or shall be made who are to take such Ordeâ— therein for paving or amending as the think fit and all the Persons conceâ—â—ed by the time limited by the Ordeâ— of such Justices at the Sessions are 〈◊〉 pave with Stone or Gravel or otherwise amend all the Ground that doâ— or shall lie in front before every Dwâ—ling-House or other Buildings in 〈◊〉 Streets and Ways extending to 〈◊〉 middle of the Way that doth or 〈◊〉 lie before the same and every Persâ—â— offending or neglecting shall forfeit â—â—rty shillings for every such Offence or â—efault for every Perch and after â—â—at rate for a greater or lesser quanâ—â—ty and the like Sum for every Week â—ll the same be paved or amended and â—â—paired and when paved and amendâ—d the Sum as those aforeshewed that â—â—all not pave and repair open Streets â—anes and Allies now paved and Ancient Streets Lanes and Allies to be repaired as formerly â—â—ch ancient Streets Lanes and Allies within any of the places aforesaid as by Custom and Use have been repaired â—nd paved by any other
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 â— and every Truss of old How much Trussâ—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 Proprietoâ—s â—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 narroweâ— 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 â—eep any sort or manner of Swine in â—ny paâ—t of the Houses or Backsides of â—he paved Streets of the said Cities Borough or Parishes where the Houses 〈◊〉 contiguous upon pain to forfeit â—he same to the Church-wardens and Overseers of the Poor of the Parish where such Swine shall be kept bred â—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 Overseeâ—â— 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 iâ— pursuance of or execution of this Act they may plead the General Issue aâ—â— 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
order or in â—ny other manner shall be hereafter reâ—aired paved and maintained in such â—â—rt and manner and by such Persons 〈◊〉 have been used to do the same unâ—er the Penalties aforesaid On Monday or Tuesday in Easter-Week Scavengers how and when to be chosen and what penalty for refusing the Office yearly the Constable Church-wardens Overseers of the Poor and Surveyors of the High-ways of the places aforesaid or the greater number of them calling together such anâ—ient Inhabitants as are usually present â—t the Election of Parish Officers the greater number of them then preâ—ent shall make choice of and nomiâ—ate and appoint two or more able Tradesmen of their Parish to be Scavengers for their Parish for the Yeaâ— following and till others be chosen anâ— setled in their Places which Persons being approved of and confirmed undeâ— the Hands of two Justices of the Peaâ—â— within their respective Limits anâ— within seven days after notice of sâ—â— Election and Confirmation to taâ—â— the Office upon them upon pain 〈◊〉 ten pounds forfeiture for every Refuse respectively and in case of refusâ— then other two are to be chosen anâ— confirmed in manner aforesaid withiâ— seven days after such refusal in the place of him or them so refusing and having notice shall undergo thâ— like pain of ten pounds in case of refusal and not taking the Office upoâ— him or them within seven days after notice as aforesaid the said Penalties to be paid to the Surveyors of the High-ways of the place to be imployed towards the amending the High-ways and Streets of the saâ—â— Parish Ward or Division and to be How and by whom the Penalties are to be levied levied by distress and sale of the Goods and Chattels of the Offenders by Warrant under the Hand and Seal â—â— any one Justice of the Peace of any the places aforesaid to be directed tâ— the Constables or other Officers of the said Parish or any two or more of â—hem rendring the overplus to the Parties reasonable charges for the distress only to be deducted and for want of distress or non-payment within six days or demand or notice left â—â— writing at the House or Dwelling-place of the Offender by the said Constables or Officers the said Offender to be committed to the Common Gaol of the County City or Place respectively by the Warrant of any such Justice of the Peace under his Hand and Seal there to remain without Bail or Mainprise till payment be made as aforesaid and so in like manâ—er for every Person or Persons negâ—ecting or refusing the same and withâ—n Within what time Rates are to be made and by whom twenty days after the election and confirmation of the said Scavengers â—s aforesaid the Constables and such other Officers and Parishioners as aforesaid or the greater number of them â—hen present shall make a Rate or Assessment according to pound Rate â—pon the Inhabitants of their Parish which being allowed and confirmed â—y two Justices of the Peace of the â—laces aforesaid shall be quarterly paid â—y every Inhabitant upon demand â—ade by the Scavengers or Officers appointed to gather the same and iâ— case of refusal or neglect shall bâ— Warrant under the Hands and Seâ—â— of two such Justices of the Peace â—â— aforesaid be levied by distress and saâ—â— of the Offenders Goods and for waâ—â— of distress by imprisonment being no Peer of the Realm until payment as aforesaid And such Sums of Mony as shâ—â—â— The Scavengers to account for the monies received by them be yearly assessed and collected shalâ— be yearly accounted for by the Scavengers for the time being whicâ— collected the same to two or moâ—â— of the Justices of Peace of the placâ— residing in or near to the respectivâ— places for which such Scavengers were appointed within eight and twenty days after the electing of new Scavengers for the ensuing Year and â—â— pay to the new Scavengers what remains in their Hands and any such two Justices of the Peace as aforesaid upon refusal to account may comitâ—â— the Refuser to prison there to remaiâ— without Bail or Mainprise till he aâ—count and pay what remains upoâ— Account and the Scavengers maâ— Scavengers to lodge their Dirt in such publick places as the Justices of Peace shall approve of lodge their Dirt Dust Ashes c. iâ— such vacant and publick places near the Street or High-ways as two or moâ—â— of the Justices of the Peace in their â—etty Sessions shall approve of they â—iving satisfaction to the Owners and Occupiers thereof and in case of unâ—easonable demands such Justices of the Peace in their Petty Sessions may moderate and determine it and such persons as are agrieved with any Asâ—essment or Determination of the Juâ—tices of Peace in their Petty Sessions may appeal to the Justices of the Peace â—t their General Quarter-Sessions of the Peace for that place whose Order and Determination upon hearing the Complaints shall be final without farther appeal to any other Court and where there are any High-ways Assessments whâ—â— and how to be made within the said Parishes which cannot be amended without help of an Assessment then one or more Assessments shall be made from time to time upon all the Inhabitants Owners and Occupiers of Lands Houses and Tenements or any personal Estate there usually ratable to the Poor to be allowed levied and collected by such person and persons as the said Justices of the Peace at such their General Quarter-Sessions shall direct and appoint and the Mony raised to be employed and accounted for towards the repairing such High-ways from time to time as the said Justices shall order to be levied by distress and sale of the Goods of the perions so assessed nâ—â— paying the same within fourteen days after demand rendring the overplus to the Owner necessary Charges of making and selling the distress being first deducted which Assessments in any one year are not to exceed four pence in the pound of the yearly value of Lands c. nor eight pence for every twenty pounds personal Estate All Sinks Sewers and Vaults made Sinks Sewers and Vaults to be within the Commiâ—â—ion of Sewers since the twelfth Year of King Charles the Second within the City and Liberties of Westminster and Parishes aforesaid are to be subject to the Commission of Sewers and the Commissioners of Sewers within the Liberties of their respective Commissions may after amend cleanse and scour any new Sewers Sinks and Vaults and direct the making of new ones or may cut into any already made and alter and take away any Nusances in the same and alter or take away any cross Gutter or Channels in all or any of the Streets and Lanes in the Parishes Housholdâ—â—â— to hâ—ng out Candleâ— at Night aforesaid and all Housholders in the Counties of Middlesex and Surry and City and Liberty of Westminster comprised within the Weekly Bills of Mortality whose Houses adjoyn unto or are near the Street shall