so much all which Fines and Forfeiâ—ures are to be employed and bestowed towards the amendment of the High-ways in the Parish where the Offences are committed Wingates Abr. Stat. Tit. High-ways 2 3 P. M. c. 8. The Balliff or High Constable shall yearly beâ—wixt the first of March and last of April render â—o Account unto the Constables and Church-wardens who have the other parts of the â—streats of the Fines of what Mony they have â—eceived on pain of 40 s. and the said Constaâ—les and Churchwardens have power to call the â—ailiff or High Constable before two or more â—â—stices of the Peace Quor unus to pass his Acâ—ount who have power to commit him until he â—ave satisfied all the Arrearages by him reâ—eived save 8 d. in the pound for his own Fee â—od 12 d. in the pound for the Clerk of the â—eace or Steward of the Leet and in this case the â—â—cceeding Constables and Churchwardens have â—he same power as their Predecessors had 2 3 â—â— M. c. 8. Two Justices of the Peace by the Stat. 18 El. may take Accounts of the Surveyors of the Ways and the Petty Constables and Church-wardens for such Forfeitures within that Statute as they have levied 18 El. c. 10 Dalt J. P. c. 50. f. 103. Note There are several Statutes which concern particular High-ways in which these Surveyors are little concerned I shall therefore only name the Statutes and they who desire to be further informed therein may look the Statutes at large Stat. 39 El. c. 10. for repairing the High-ways in the Wild of Sussex Surry and Kent used for Iron Works Stat. 37 H 8. c. 3. For Huntington Lane near to Chester Stat. 14 H 8. c. 6. 26 H. 8. c. 7. For laying out new High-ways in the Wild of Kent or Sussex Stat. 1 P. M. 2. c. 5. for the Causway between Dorchester and Sherborn Stat. 18 El. c. 10. about the Kings Ferry in Kent CHAP. IV. Some Heads of the Stat. 22 23 Car. 2. c. 17. concerning the Ways Sewers Pavements c. in London and the Scavengers Office BY the Stat. of 22 23 Car. 2. A Clause â—o a late Act of Parliament Entituled Aâ— Act for Rebuilding the City of London wherein was Enacted That the Numbers and Places for Common Sewers Drains and Vaults and the manner of Paving and Pitching Streets and Lanes in the said City and Liberties should be set ouâ— by Persons appointed by the Mayor Aldermen and Common Council or seven or more of them together with the Surveyors or one of them within the Precincts respectively which Persons or seven or more of them were impowred to impose Taxes upon Houses in proportion to the benefit they receive thereby and to levy the same by Distress and Sale of Goods is made perpetual together with the Powers thereby given and appointed to be executed And the sole Powers of ordering and regulating the keeping clear pitching and paving the Streets Lanes and Passages with the manner thereof and of making and cleansing Drains and Sewers in London is to remain in the Mayor Commonalty and Citizens to be executed by such as the Mayor Aldermen and Commons in Common Council shall appoint or seven or more of them being all Members of the said Court. And Persons imployed in any of the said Works are enjoyned to observe the Directions of the Persons in that behalf authorized 22 23 Car. 2. c. 17. Offenders may be proceeded against by Indictment at the next Sessions of the Peace in the said City and Liberties unless they submitted to the Censure of the Persons so authorized or any seven or more of them and pay the Mulct by them imposed to the Chamber of London to be imployed towards the Works in this Act mentioned 22 23 Car. 2. c. 17. The Persons so authorized may impose Taxes on the several Wards and Precincts and direct Precepts to the respective Deputies and Common Council Men to assess the same and like Precepts to Scavengers to collect the same And where any Church or Churchyard shall front or adjoyn to any of the said Streets Lanes or Passages they may assess a reasonable proportion upon the Parish to be paid by the Churchwardens of which Assessments the Deputies and Common Council Men shall return Duplicates with the Scavengers Names within twenty days after receipt of the Precepts And in default of the said Deputies and Common Council Men the said Persons to be authorized may rate the said Assessments And in default of payment within six days after demand the Scavengers may levy the same by distress and sale of Goods rendring the overplus besides the reasonable Charge of distraining And the Mony so collected shall be paid into the Chamber of London not to be issued thence but by order of the said Persons so to be appointed or seven or more of them 22 23 Car. 2. c. 17. Inhabitants aggrieved through defect or decay of Pavements or want of cleansing the Streets c. shall upon proof that such grievance is unreformed receive directions from the Persons so to be authorized or seven or mâ—re of them for redressing the same and a Warrant under their Hands and Seals to the Chamberlain of London to issue Monies for defraying the Charge thereof together with any Sum not exceeding ten shillings for encouragement of his or their Diligence who upon receipt of such Warrant shall pay the same accordingly And Persons aggrieved by any Charge imposed by virtue of this Act within five days after demand thereof may appeal to the Mayor and Court of Aldermen whose Order therein shall be final 22 23 Car. 2. c. 17. The Mayor Aldermen and Commons in Common Council may set out and purchase Ground for Laystals and places for publick Stores for receipt of Dirt and Rubbish carried out of the City and for other Materials and Commodities The Mony for the same to be paid out of the Monies arising by the Imposition upon Coals appointed for publick Uses of the City other than the Mony appointed for Building Churches 22 23 Car. 2. c. 17. No Persons by this Act made liable to be rated towards the altering mending or cleansing the said Vaults Sewers c. or cleansing c. Streets Lanes c. shall be otherwise charged or liable thereunto 22 23 Car. 2. c. 17. CHAP. V. Some Heads of the 2 of W. and M. for Paving and Cleansing the Streets in the Cities of London and Westminster Suburbs and Liberties thereof the out-Out-Parishes in the County of Middlesex the Borough of Southwark and other Places within the Weekly Bills of Mortality in the County of Surrey EVery Inhabitant inhabiting in the said Parishes and in the Town of Kensington shall twice every Week sweep before their Houses and Buildings and take up the Dirt ready for the Scavenger or other Officer or else for every Offence or Neglect forfeit 3 s. 4 d. If any throw or permit to be
Father c. dwells shall limit and appoint on pain to forfeit 20 s. a month to the use of the Poor to be levied by distress and sale as aforesaid and for want of distress to be committed to Prison till the Forfeiture be paid 43 El. c. 2. Wingates Aâ—â— Stat. Tit. Poor People Dalt J. P. c. 73. f. 1â—6 Head Officers in Cities and Corporate Town and Aldermen of London have in their severâ—â— Precincts like Authority that Justices of Peace have in their Countles and no other Justices of Peace are to enter and intermeddle there Wingates Abr. Stat. Tit. Poor People 43 El. c. 2. If any Parish shall extend into two Countles or part thereof to lie in any City or Corporate Town where they have Justices Then the Justices of every County c. are to intermeddle only within their own Limits and every of them respectively within their Limits are in execute this Law concerning the nomination of Overseers binding of Apprentices grantâ—â—â— Warrants to levy Taxations taking Accounâ—â— of Overseers and committing such as refuse to account or to pay their Arrearages and yet the Overseers shall without dividing themselves execute their Office in all places within the said Parish but shall give up Accounts to the Justices or Head Officers of both Places Wingates Abr. Stat. Tit. Poor People 43. El. c. 2. Dalt J. P. c. 73. f. 156. These Officers within four days after the enâ— of their Year and that other Officers are nominated are to yield up a true Account to two Justices Quor unus of these things following 1. What Sums of Mony they have received or rated and not received 2. What stock of Ware or Stuff is in their Hands or it the Hands of any of the Poor 3. What Apprentices they have put out and bound according to the Statute 4. What Poor they have set to work or relieved 5. What Poor they have suffered to wander and beg out of their Town or in the Highways or in their Town without their directions 6. Whether they meet monthly to consider of the things belonging to their Office 7. Whether they made their Rates indifferent upon all Men according to their Ability 8. Whether they have endeavoured to gather and levy such Assessments 9. Whether they have neglected the Justices Warrants to them or any of them directed for the levying of any Forfeiture according to the Stat. 43 El. c. 2. Dalt J. P. c. 73. s 153. By the Statute of 30 Car. 2. for Burying in Woollen the Justices are not to allow the Accounts of the Overseers of the Poor until they have given them an Account of the Burials and Certificates and of their levying the Penalties in pursuance of that Act 30 Car. 2. c. 3. Now if the Churchwardens or Overseers or any of them shall refuse to make and yield a true and perfect Account to the said Justices of all such Mony and of all such Stock as aforesaid any two Justices Quor unus may commit them to the common Gaol there to remain without Bail till they have made a true Account and satisfied and paid to the new Overseers so much of the said Sum or Stock as upon the said Account shall be remaining in his or their Hands c. And if they make a false Account they may be bound over to the Assizes or Sessions and there an Indictment may be preferred against them Dalt J. P. c. 73. f. 154. Also if any of the Churchwardens or Overseers shall refuse or deny to pay or deliver over to the new Overseers the Arrearages Sums of Mony or Stock which shall be in their Hands and due and behind upon their Account to be made as aforesaid any two such Justices of Peace may make their Warrant to the present and subsequent Churchwardens and Overseers or any of them to levy the same by distress and sale of the Offenders Goods rendring to the Parties the overplus and in default of such distress any two Justices of the Peace may commit him or them to the common Goal there to remain without Ball until-payment or delivery of the said Sum Arrearages and Stock be made 42 El. c. 2. Dalt J. P. c. 73. f. 154. If any such Stock shall be in the Hands of any of the Poor to work and such Poor shall refuse to deliver the same two such Justices may make the like Warrant to levy the same by distress and for lack thereof may commit such Offenders to the Goal as aforesaid Dalt J. P. c. 73. ibid. And for these aforesaid and all other Negligencies of the Churchwardens and Overseers in the Execution of their Office about the Poor c. every of them for every Default he makes forfeits 20 s. which Default must be proved either by the Offenders own Confession or by Examination of Witnesses and it is to be levied by the new Churchwardens and Overseers or one of them by Warrant from two Justices as aforesaid by distress and sale of the Offenders Goods and for want of Distress two such Justices may commit Offenders to the Goal there to remain without Bail till the said Forfeitures shall be paid which said Forfeitures are to be imployed to the use of the Poor of the said Parish Dalt J. P. c. 73. f. 155. 43 El. c. 2. CHAP. VI. The Overseers Duty about Weights and Measures and Burying in Woollen THere shall be one Weight one Measure and one Yard according to the Standard of the Exchequer throughout all the Realm as well in places Priviledged as without and every Measure of Corn shall be striked without Heap And whosoever shall keep any other Weight Measure or Yard whereby any Corn Grain or other thing is bought or sold shall forfeit for every Offence five shillings being thereof convicted by the Oath of one sufficient Witness before any Justice of Peace or Head-Officer of the City Town or Place where the Offence is done to be levied by the Churchwardens or Overseers of the Poor of the Parish to the use of the Poor of the said Parish by Distress and Sale of the Offenders Goods and for want of Distress to be â—mprisoned without Bail until payment And all Persons upon Suit against him or them for any thing done upon this Act to plead the General Issue and give the Act in Evidence and to have treble Costs if unjustly vexed Dalt J. P. c. 112. f. 246. 17 Car. 2. 6. 19. No Corps shall be buried in any thing other than what is made of Sheeps Wool only or be put into any Coffin lined or faced with any thing made of any material but Sheeps Wool on pain of the Forfeiture of five pounds 30 Car. 2. c. 3. An Affidavit under the Hands and Seals of two Witnesses or under the Hand of the Magistrate or Officer before whom it was sworn for which nothing shall be paid must be brought to the Minister within eight days after the Party is interred that he was not buried contrary to this Act
distribute the Mony to the Poor of the Parish where they were seized CHAP. VI. Several Cases about the Repairs of Bridges with the Names of the Statutes which concern particular Bridges WHere a Common Bridge in the Kings High-way is in decay and that it cannot be proved or known who nor what Lands are chargeable to the repairing thereof in this case four Justices of the Peace whereof one to be of the Quorum within the Shire or Riding wherein such decayed Bridges be and if they be in a City or Town Corporate then â—oâ—â— such Justices of Peace there may within the Limits of their several Commissions call before them the Constables or two of the most honest Inhabitants of every Town and Parish within the Shire Riding City or Town Corporate wherein such Bridge or any parcel thereof shall happen to be and the Justices upon the appearance of the Constables or other Inhabitants and with their Assents may Tax every Inhabitant in any such City Town or Parish within their Limits to such reasonable Sum of Mony as by their Discretions they shall think convenient as well for the repairing of such Bridge and also for the making and repairing of the High-ways by the space of 300 Foot next adjoyning to the Ends of any such Bridges 22 H. 8. c. 5. Dalt J. P. c. 16. f. 44. Co. 2 part Inst f. 701 702. But Note Where the Franchise City or Borough is a County of it self and hath not four or more Justices of the Peace whereof one or more are of the Quorum in this case no other Justices of the Peace of any Shire or County have any power to meddle there by this Act but such decay must be reformed by the Common Law by such Remedy as they were before the making of the Statute of 22 H. 8. Co. 2 part Inst f. 702. And note That this Taxation ought not to be made by the Justices without the Consent of â—he Constables or Inhabitants nor by them without the Justices and this Tax ought to be upon every Inhabitant in particular and not to be set upon the Hundred Parish Town c. for then one or two might be distrained upon for the whole Co. 2 part Inst f. 704. After such Taxation made as aforesaid the said Justices of Peace shall cause the Names and Sums of every particular Person so by them taxed to be written in a Roll indented in Parchment for every Hundred and sealed with their Seals Co. 2 part Inst fol. 704. Dalt J. P. c. 16. ibid. And the said Justices may make two Collectors of every Hundred for the Collecting of all such Sums of Mony by the said Justices set and taxed which Collectors receiving the one part of the Roll indented have power thereby to collect all the Sums of Mony therein contained and if refusal be made upon demand then to distrain and sell such Distress rendring the overplus to the Owner if any be Dalt J. P. c. 16. f. ibid. 22 H. 8. c. 5. Co. 2 part Inst f. 705. The said Justices also are to appoint two Surveyors who shall see such decayed Bridges and Ways repaired and amended from time to time as often as need shall require to whose Hands the Collectors must pay the Monies by them received Dalt J. P. c. 16. ibid. 22 H. 8. c. 5. And the said Collectors and Surveyors and their Executors and Administrators and every of them shall from time to time make a true Account to the said Justices of Peace of the Receipts Payments and Expences of the said Sums of Mony and if any of them refuse so to do then the Justices of Peace from time to time by their Discretions may make out Process against the said Collectors and Surveyors their Executors and Administrators by Attachment Precept or Warrant under their Hands and Seals returnable at their General Sâ—ssions of the Peace and the said Justices may allow such reasonable Costs and Charge to the Surveyors and Collectors upon their Accounts as to them shall seem convenient 22. H. 8. c. 5. Dalt I. P. c. 16. ibid. If any such Bridge be wholly in a City or other Corporate Town the Inhabitants of the said City or Corporate Town must repair it and where such Bridges lie out of such City or Corporate Town the same must be made by the Inhabitants of the Shire or Riding within which the same Bridge shall be and if part of the Bridge be in one Shire or Riding City or Corporate Town and part in another then every of them shall be charged to make and repair such part as shall lie and be within their own Limits 22 H. 8. c. 5. Co. 2 part Inst fol. 207. Dalt I. P. c. 16. fol. 45. But otherwise no Village or Freeman shall be compelled to make any Bridge but such as of old time and by right they were wont to make Magna Charta c. 15. By the Common Law some Persons were â—ound to repair Bridges Ratione tenurae suâ— Terâ—â—am c. and this was binding into whose Hinds soever the Estate did come but they which have Lands on the one side or on the â—ther or on both are not bound in Common â—ight to repair the same 44 El. 3. 31. 21 E. 4. 6. 5 H. 7. 3. Crompt 186. 8 H. 7. 5. b. Co. 2 part 〈◊〉 f. 700. If a Man which holdeth 100 Acres of Land â—â—ght to repair a Bridge by tenure of the same â—o allen 20 Acres thereof to one Man and 10 â—cres to another Man in such case every Owner â—â— Occupier of such Lands must be charged â—â—oportionably for their said Lands Regist 268. â— â— N. B. 235. b. Co. 2 part Inst f. 700. Again Some by the Common Law were bound â—y prescription to repair a Bridge but herein here is a diversity between Bodies Politick or Corporate Spiritual or Temporal and Natural Persons For Bodies Politick c. may be bound by usage and prescription only because they are local and have a perpetual Succession and never die but a Natural Person cannot be bound by the Act of his Ancestor without Assets or some Profit to be taken therefore 21 E. 4. fol. 38. b. 27 Ass 8. Crompt 187. Co. 2 part f. 700. Dalt I. P. c. 16. f 45. By Common Right Bridges are to be amended by the whole County if it be not known who ought to do the same otherwise Pasch 19 E. 3. 28 29. Co. 2 part Inst. f. 701. Crompt 186. b. Tr. 10 Car. 1. the Case of Longford Bridge Rolls Cases 1 part f. 368. Cro. Rep. 3 part the same Case If a Man erect a Mill for his own particular Profit and cut a new Course for the Water to come to it and makes a new Bridge over the same and the Kings Subjects use to ride over the same as over a common Bridge such Bridge ought to be repaired by him who hath the Mill and not by the County because he erected it for his own Benefit 8
A MILD but SEARCHING EXPOSTULATORY LETTER From the Poor and Plain-dealing Farmers of the Neighbouring Villages To the MEN of BVCKINGHAM To the Right Worshipful the Bailiff the Worshipful the Burgesses of the Ancient and sometimes Famous Corporation of BVCKINGHAM Right Worshipful and Worshipful Gentlemen IF your late Folly and Madness had only a Malignant Influence upon your Unworthy selves we could contentedly have left you Fools and Madmen at your own Costs and Charges Had you betray'd your own Liberties whilst ours had been secure or sold your Selves and Posterities for Slaves whilst We and Ours had remained free We love you so well you might have been eternally such without any the least Lett Molestation or Disturbance from Us your poor Neighbours Nay had you put Fire to your own Houses whilst ours had been out of the reach of your Flames or purchased some dreadful Plague whose Chain-shot might have â—â—own you down by Whole-sale whilst we were out of the compass of its Contagion we could be silently unconcern'd nor have grudg'd you that Vassallage and Desolation which we confess you have highly merited and you must confess you had drawn with your own Hands upon your own Heads But seeing the Frame and Constitution of our Parliaments is such that the Knights of one County the Citizens of one City the Burgesses of one Burrough must Debate Vote Resolve and Enact what all the Counties all the Cities all the Boroughs of the Kingdom are concern'd in and oblig'd by that we must pay the reckoning which your Folly has inflamed that we must be sick of your Drunkenness that your Prodigals must be prodigal out of our Purses and what was your particular and Personal Miscarriage must if other Electors had no more Wit and Honesty than your selves become a General and National Misery give us leave or else we must take it to correct you gently and represent to you plainly and impartially your abominable Treachery to our Common Interest in your late shameful Election of Members to serve in the ensuing Parliament It is not We your despised Neighbours 't is not this County but all the Counties Cities and Boroughts of the Land except a few of the same sordid and base Spirits with your selves in whose Name and at whose Suit we have drawn up this Legal Indictment against your illegal and riotous Election That you the Mercenary and Debauched Bailiff with the corrupt Majority of your Brethren the Burgesses of the Borough of Buckingham not having the Fear of God before your Eyes but being led by the infligation of the Devil the Duty and Allegiance which to your Native Countrey you owe forgetting and not in any wise regarding have Wickedly Devillishly and of your own Malice fore-thought betrayed your Trust and as much as in you â—â—eâ—h endeavoured to destroy those Natural and inherent Rights those Fundamental Liberties and Privileges which all free-born Englishmen have and of Right ought to enjoy and in order to and in pursuance of this your Trayterous Accursed and Hellish Design have elected such Persons to Represent you and serve for you in the House of Commons as are notoriously known to have formerly betrayed the Trust reposed in them and have thereby exposed the whole Kingdom to the apparent Danger and visible Hazzard of Beggary Slavery and Popery Now suffer us to expostulate the Case with you in all Meekness and Gentleness Were you in your Witts were you sober or rather had you not put off common Sense Were you not forsaken of your Reasons and Understandings that your Wisdoms could find no better a Stick of Wood to make a Prop for a tottering State on a Crutch for a halting Church than Sir Timber A Piece so crooked so rotten and warped in Principle Conscience and Interest that whatever Use others may make of him we poor Farmers cannot judge him fit to make an Hovel-post The Devil was formerly so modest as to be Content with his Chappel where God had his Church but seeing he has now aspired to and taken Possession of the Temple into what Chappel of Ease will you crowd th' Almighty There are few Sinners so disperate but will seek or find some Excuses which they may â—itch together to palliate their Guilt and hide their Nakedness But You are certainly forsaken of all Pretences which may mitigate your Crimes and alleviate your Punishment Can you plead Ignorance or pretend Surprize when your Sir Timber was the Original Sinner in the Muster-roll of the Club of Vnanimous Voters Has he not there stood like Judas in the Fore-front of the Infernal Regiment of Pensioners Has not Common Fame pinn'd a Paper to his Bâ—east wherein is signified to the World how he has sold his Country to the Court Liberty to Prerogative and Property to Will and Pleasure Is he not now notoriously known to the English World by the Name of Sir Timber and if you ask him who gave him that Name must he not answer That either your selves or Legion was his Godfather For did he not once make you a bribeing Present of Timber to rebuild your Town-house which vanisht all away by the Magick Art of the same Devil that brought it was he so great a Knave to cheat you once and are not you greater Fools to be cheated twice But we your plain and honest Neighbours do yet hope and pray that you and we may find the Representative Body of England of so sound and healthful a Constitution as by the Strength of Nature to purge off those evil Humours which by your Faule they have contracted and as our late renewed Parliament once before cast him into the Draught so they will never again lick up their Excrements And as he was once cut off from their Body as a rotten Member so they will never accept from you a wooden Leg made of such putrified Timber Yet had you selected out of all those worthy Gentlemen wherewith your Neighbourhood has plentifully furnisht you some one whose Vertues might have corrected the Malignity of his Vices whose Fidelity might have season'd his Treachery and whose true English Spirit might have ballanced his degenerated Spirit we had shewed our Impartiality in commending what was Good as well as condemning what was Evil and Unworthy in you and that we durst no more conceal your Merits than your Guiltiness But you took special Care it seems that we should find nothing in you Praise-worthy and have therefore coupled with him a Colleague only meet for you and him Vile Miscreants could you find none to be Judge of a trayterous Father but a treacherous Son Could you think him meet to sit within the Walls of the Houses of Commons whose great Interest and Merits lye within the Walls of the Tower Will not he in his own Defence obstruct Justice when Justice would obstruct his Possession of a vast Estate amassed by betraying us to Arbitrary Power selling us to the French enslaving us with a standing Army which no Parliamentary Votes
which shall be taken before some Justice of Peace Master of Chancery Ordinary or Extraordinary Mayor Bailiff or other chief Officer of the City County Borough c. where the Party was buried And if no such Affidavit be brought the Minister shall give notice thereof under his Hand to the Churchwardens or Overseers of the Poor who within eight days after shall repair to the Chief Magistrate in any Town c. if buried there else to a Justice of Peace who upon Certificate thereof from the Minister c. shall grant a Warrant for levying the Forfeiture by distress and sale of the Goods of the Party deceased or in default thereof of the Persons Goods in whose House the Party died or the Goods of any that had a Hand in putting such Party into any Shroud Coffin c. contrary to this Act or that ordered the same And if such Person were a Servant and died in the Masters Family the Masters Goods to be liable And if such Person died in his Parents Family the Parents Goods to be liable One Moiety of which Forfeiture shall be to the Poor of the Parish where the Party is buried the other to him that shall sue for the same 30 Car. 2. c. 3. Ministers Churchwardens and Overseers Justices of Peace or Chief Magistrates neglecting their Duty aforesaid shall forfeit five pounds for every Offence to be recovered by Action of Debt Bill Plaint c. wherein the Prosecutor shall recover his full Costs so as the Suit be commenced within six months after the Offence committed one fourth part of the Forfeitures to the King two fourth parts to the Poor of the Parish where the Offender dwells and one fourth part to the Informer 30 Car. 2. c. 3. Every Minister shall keep a Register of all Burials and Affidavits And where no Affidavit is brought as aforesaid shall enter a Memorial thereof against the Name of the Party interred and of the time when he notified the same to the Churchwardens or Overseers of the Poor And the Overseers when they give up their Accounts at the Sessions or to any two Justices at their monthly Meetings shall give an account of the Name and Quality of every Person interred since their former Account and of such Certificates and of their levying the Penalties and of their disposal thereof on pain of five pounds to be levied by distress and sale of Goods by Warrant from the said Justices or two of them and their Accounts shall not be allowed till they have accounted for their Burials 30 Car. 2. c. 3. No Penalty shall be incurred where the Party died of the Plague If any Person be prosecuted for what he shall do in pursuance to this Act he may plead the General Issue and give this Act in Evidence And upon a Nonsuit Discontinuance or Verdict for him or Judgment upon a Demurrer he shall have treble Costs 30 Car. 2. c. 3. And now by the Statute of 32 Car. 2. where no Justice of Peace shall reside or be to be found in any Parish where any Party shall be interred such Oaths or Affidavits may be adminstred not only by such Magistrates as aforesaid but by any Parson Vicar or Curate in the same County other than of the Parish or Chappel of Ease where the Party is interred and they are to attest the same under their Hands gratis 32 Car. 2. c. 1. The Overseers Duty about Irish Cattel See Duty of Constables ch 8. Their Duty in suppressing Conventicles See Duty of Constables ch 9. Note That the Overseers of the Poor are to receive for the use of the Poor of the Parish where the Offence is committed of such who kill or take in the night-time any Conies upon the Borders of Warrens or other Grounds lawfully used for keeping of Conies except Owners c. or Persons by them imployed and of such who use Snares Harepipes or other like Engines or who take any Fish by any Net Angle or other Device whatsoever in any Water or River or shall be assisting thereunto without consent of the Lord or Owner of the said Water what Sum the Justice of Peace before whom such Offender shall be convicted shall think meet not exceeding ten shillings which he is to pay over and above recompence to the Owner And in default of payment thereof he that takes or kills such Conies or useth Snares c. shall be committed to the House of Correction for any time not exceeding one month And the Goods of him that takes such Fish shall be liable to distress and for want of a Distress he shall be committed to the House of Correction for any time not exceeding one month unless he enter into Bond with one or more Sureties to the Party injured not exceeding ten pounds never to offend in like manner 22 and 23 Car. 2. c. 24. A GUIDE FOR SURVEYORS OF High-ways and Bridges CHAP. I. How many Sorts of ways there are of the Choice of these Officers with some few General Cases concerning Highways THere are three kind of Ways First A Foot-way called Iter quod est jus eundi â—â—vel ambulandi hominis Secondly a Foot-way and an Horse-way called actus ab agendo and this vulgarly is called a Pack or Drift-way and â—s both a Foot-way and Horse-way Thirdly A Cart-way c. called Via or Aditus and containeth the other two and a Cart-way also for this is jus eundi vehendi vehiculum jumentum ducendi and this is two-fold viz Via Regia The Kings High way for all Men communis Strata belonging to a City or Town or between Neighbours It is called the Kings High-way for that the King at all times hath therein Passage for Himself and his People and may punish all Nusances therein though otherwise the Interest be in the Lord to bring his Action for digging therein or other like Trespass there done Dalt J. P. c. 50. f. 101. and see Rolls Cases 1 part f. 392. 2 E. 4. 9. 8 E. 4. 9. 17 E. 3. f. 43. Bro Chemiâ—e 10 11. Leet 3. 27 H. 6 f. 9. 8 H. 7. f. 5. The High-way is not only the Common Tract where Carts Carriages and People have gone but if the Way be Foundrous thiâ— People cannot pass in the Common Tract and there be Out-lets out of it into the Soll of another adjoyning the People may in such extremity use those Out-lets upon anothers Soil although it be sowen with Corn And that is in such case the Kings High-way as well as the other for the Kings Subjects must have a convenient Passage as was resolved in a Tryâ—â— at Bar against Sir Henry Duâ—comb Tr. 10 Car. Rolls 1 part of Abridgment fol. 390. Therefore where a Way goes through a Mans Land and the Owner of the Land Fence it on both sides he by so doing hath made himself liable to repair the High-way and keep it passable and it is not sufficient for him to keep it in â—â— good repair as
after the stealing at the Parish or Corporation where they shall find him and make proof within 40 days after by two sufficient Witnesses before the next Justice of Peace of the County or before the Head Officer in a Corporation that the Horse was theirs and repay to the Buyer such price for the Horse as the same Buyer shall upon his own Oath before such Justice or Officer testifie he paid for him 31 El. c. 12. wingates Stat. Tit. Fairs and Markets Co. 2 part Inst f. 718. If a stoln Horse be not sold in Fair or Market according to the Rules aforesaid then such Sale does not alter the Property of the right Owner but he may seize or replevy him wheresoever he finds him 31 El. c. Wingate ubi supra Co. 2 part Inst f. 718. No Person shall buy any Oxen Ronts Steers Kine Heifers Calves Sheep Lambs Goats or Kids alive and sell the same again unless he keep the same five Weeks in his own Grounds or where he hath Herbage by Grant or Prescription upon pain to lose double the value of the Cattle one Moiety to the King the other to the Informer 5 Ed. 6. c. 14. By the Stat. 22 Car. 2. c. 8. There shall be no Bushel but the Winchester Bushel containing eight Gallons and none shall sell by other Measure on pain of 40 shillings If the Clerk of the Market of the Kings House or others authorized to mark or seal Measures â—eing required shall neglect or refuse to seal or mark any Bushel Half Bushel or Peck duly gauged he forfeirs 5 l. for the first Offence and for every other Offence 10 l. or if the Kings Clerk of the Market of his House take more than his Fees or if any other take above one peny for sealing a Bushel one half peny for the Half Bushel or Peck or more than one farthing for any lesser Measure he incurs the Penalties in the Stat. 17 Car. 1. That at the charge of such Persons who have the Toll or profit of the Market where no Toll is taken there shall be before 29 Sept. 1670. one Measure of Brass provided and chained in the Market-place upon pain to forfeit 5 l. 22 Car. 2. c. 8. By the Stat. of 22 23 Car 2. It is further provided That whosoever shall sell or buy any Corn or Salt by the Bag or without measuring being thereunto required or in any other manner than as by the Stat. 22 Car. 2. c. 8. is directed and without shaking the Measure by the Buyer shall forfeit besides the Penalty in the former Act all the Corn or Salt or the value therefore to the Person or Persons complaining 22 23 Car. 2. c. 12. Upon complaint to one or more Justices of Peace the Proof shall lie upon the Defendant to make appear by Oath of one or more Witnesses that he or they did sell or buy according to this and the said former Act wherein if he fail he shall forfeit as by this Act is directed to be levied by distress and sale of Goods by Warrant under the Hand and Seal of one or more Justices before whom such Conviction shall be The Penalties to be distributed one half to the Poor of the Parish where the Offence shall be committed the other to the Informer 22 23 Car. 2. c. 12. DIRECTIONS to Treasurers for the Relief of Poor Maimed Soldiers and Mariners THE Justices of Peace are yearly at the Quarter Sessions about Easter to choose or appoint one or two Persons according to their Discretions of the County for the taking and distributing of the Monies collected for the Reâ—ief of poor maimed Soldiers and Mariners And these Treasurers by the Words of the â—â—ture ought to be Subsidy Men of 10 pounds â—â— Lands or 15 pounds in Goods and these officers are to continue in their Office one Year and new ones then to be chosen in their â—ooms 43 El c. 3. Wingates Stat. Tit. Captains Now for the raising of Mony for these Treasurers the greater part of the Justices in their Quarter Sessions have power to charge every Parish within their Limits towards a Weekly â—elief of maimed Soldiers and Mariners so â—hat no Parish pay Weekly above 10 pence noâ—â—nder 2 pence nor any County which consists â—f above 50 Parishes pay above 6 pence one â—arish with another 43 El. c. 3. When the Tax is levied the Constables and Churchwardens are to deliver it quarterly ten days before every Quarter Sessions to the High Constables of their Division who must deliver to â—â—e Treasurers of the County at the same Quarâ—er Sessions all the same Mony and if the Constables or Churchwardens their Executors c. fail in the payment to the High Constable within the time aforesaid then they are to forfeit 20 s. and if the High Constable fall to pay the Treasurers every Sessions then he forfeits 40 s. which Forfeitures as it seems the Treasurers may levy by Distress and Sale of the Offenders Goods without any Warrant rendring the overplus to the Owner And these Forfeitures are to go in Augmentation of the Treasurers Stock 43 El. c. 3. The maimed Soldier or Mariner which was Prest shall repair if he be able to Travel to the Treasurers of the County where he was Prest if he were not Prest then to the Treasurers of the County where he was Born or were he last dwelt by the space of three years at his Election but if he be not able to Travel then to the Treasurers of the County where he Lands and he is to bring with him a Certificate under the Hand and Seal of the Chief Commander or of the Captain under whom he served containing the particular of his Hurts and Service which Certificate shall also be allowed by the Muster-Master or the Receiver-General of the Rolls for the Muster under one of their Hands 33 El. c. 3. Then upon such a Certificate the Treasurer aforesaid may allow the Party Relief to maintain him till the next Quarter Sessions and then the major-part of the Justices may alloâ— him a Pension which the Treasurers muâ—â— pay him quarterly until it shall be revoked oâ— altered by the said Justices and this Allowancâ— is not to exceed 10 l. per annum to a Commoâ— Soldier nor 15 l. to an Officer under a Lieutenant nor 20 l. to a Lieutenant 43 El. c. â— Wingates Stat. Tit. Captains and Soldiers Where Soldiers and Mariners arrive far from the place where they are to receive Relief the Treasurers there shall give them Relief and a Testimonial whereby they may pass from Treasurer to Treasurer until they shall come to the place required and this shall be done upon the bare Certificate of the Commander and Captain although they have not as yet obtain'd any Allowance from the Muster-Master or Receiver-General of the Muster-Rolls Wingates Stat. Tit. Captains and Soldiers 43 El. c. 3. If any Soldier or Mariner beg or counterfeit â— Certificate he shall be punished as a Common Rogue and shall lose his Pension if he have any 43 El. c. 3. Wingate ut supra When out of the County where the Party was Prest a fit Pension cannot be satisfied it shall then be supplied by the County where he was born or else where he last dwelt by the space of three years Wingate ubi supra 43 El. c. 3. The Treasurers are to Register all their Receipts and Disbursements and must enter the Names of the Parties relieved into their Book and also the Certificate by virtue whereof the Disbursements are made and where they disallow of a Certificate they are to set down â—he Reasons of their Refusal under the Certificate or on the back thereof 43 El. c. 3. Wingate Stat. Tit. Captains and Soldiers If any Treasurer wilfully refuse to give Relief in the Cases aforesaid the Justices of the Peace in their Sessions may set a Fine upon him which may be levied by Distress and Sale of his Goods Wingate ubi supra These Officers at the end of their Year within 10 days after Easter Sessions are to give uâ— a just Account to the succeeding Treasurers oâ— all their Receipts and Disbursements within the time of their Office and then if they have any Mony in their Hands they are to deliver it to their Successors and if any such Officer his Executors or Administrators shall not givâ— up such Account within the time aforesaid oâ— shall be otherwise negligent in the Executioâ— of his Office The Justiceâ— at the Sessions maâ— assess what Fine they please upon him so thaâ— it be not under five pounds but what theâ— please above five pounds upon him his Executors or Administrators Wingate ubi supra 43 El. c. 3. In Corporations the Justices there are tâ— put this Act in Execution and not the Justices of the County This Act is not to prâ—hibit the City of London to make a Tax if neâ— require differing from that above limited iâ— this Act so that no Parish pay above threâ— shillings Weekly nor under twelve penâ— Weekly one Parish with another 43 El. c. 3. FINIS