Selected quad for the lemma: city_n

Word A Word B Word C Word D Occurrence Frequency Band MI MI Band Prominent
city_n penny_n shilling_n sum_n 20,709 5 12.1572 5 true
View all documents for the selected quad

Text snippets containing the quad

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

There are 3 snippets containing the selected quad. | View lemmatised text

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 no● keeping Streets in repair and w●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 i● 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. a● 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 ●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
a City or Town Corpo●●te it must be repaired by the Shire 〈◊〉 Riding within which it is situate 〈◊〉 if it happen to be part in one ●hire Riding City or Town Cor●orate and part in another then the ●nhabitants of the several places shall re●air their several parts that lie within ●●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 sup●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 Au●●orities have power to call before ●●em the Constables or two able Men 〈◊〉 every Town and Parish within the 〈◊〉 Riding City or Town Corpo●●te and with the assent of the said So that by th●● Act the Justices cannot make the Tax without the Constable or two Inhabitants no● they without the Justices Co. Inst 2 p. f 704. ●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 ●●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 S●●veyors and their Executors and Ad●●nistrators are to render an Account the said Justices upon pain of I●prisonment Wingate Bridges se●● 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 K●b St. at large printed 1684. f. 385. sect 6 7. Poult Bridges 6. Wing Bridges sect 7. ●iberties of the five Ports or Members ●● the same save only that the 〈◊〉 Mayors and Bailiffs elected and 〈◊〉 of the same Ports and every ●● them have such Power and Au●●ority to enquire hear and determine 〈◊〉 manner of common Annoyances 〈◊〉 Bridges within the same Ports and ●embers as the Justices do in their ●hires and Liberties out of the same ●orts by virtue of this Act. A Bridge in Latin is called Pons a Co. 2 Inst f. 701. in M●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 ●aith That Pons significat omne quod ●uper Aquas transimus Every thing ●●at we may pass-over the Water up●n and Pontage is derived from Pons Terms of the Law and Blounts Law Dictionary verb. Pontage Co. Rep. 8. lib. f. 47. ● 3 E. 3. Ass 445. F. N. B. D. 227. 〈◊〉 signifies sometimes the Contri●ution that is given for the main●●nance or re-edifying of Bridges and ●ometimes the Toll paid for that pur●ose by those that pass over Bridges ●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 fo● repair of Bridges might be by 〈◊〉 Common Law before the Justices 〈◊〉 the Kings Bench or before Justices 〈◊〉 Eyre or Commissioners of Oyer an● Terminer and in the Tourn or Leet Of common Right all the Coun●●● 10 E. 3. 28. Co. 13 Rep. f. 33. Co. 2 Inst f. 700 701. Pasch 1● Jac. 1. Poph. Rep. f. 192 Tr. 2 Car. 1. B. R. Tr. 10 Car. 1. in an Information against th● Inhabitants of Middlesex for Longford Bridge agreed by the Court Rolls Case 1 p. f. 368. C●om 186. b. 187. shall be chargeable to the Reparatio● of a Bridge where no other is bou●● by the Law to repair it because it 〈◊〉 a common Easement for the who●● 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 si●● 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 B●rr 276. ●● R●p 13. lib. ● 33. Men or Cattel which pass over 〈◊〉 Bridge or Cawsey ought to repair 〈◊〉 same for he hath the Toll to 〈◊〉 purpose Et qui sentit 〈◊〉 s●ntire debet onus Also a 〈◊〉 may be bound to repair a Bridge R●tione tenurae Terrarum sive Teneme●torum c. By reason of the 〈◊〉 ●e●ist f. 268. ● N. B 〈◊〉 b. Co. 2 Inst f. 700. of his Lands And if such a Perso● 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. ●● E. 4. ● 38. b. Dalt J. P. f. 45. ●y Usage and Prescription viz. That 〈◊〉 and all his Ancestors have rep●ired ●he Bridge if it be not in respect of ●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
order or in ●ny other manner shall be hereafter re●aired paved and maintained in such ●●rt and manner and by such Persons 〈◊〉 have been used to do the same un●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 an●ient Inhabitants as are usually present ●t the Election of Parish Officers the greater number of them then pre●ent shall make choice of and nomi●ate and appoint two or more able Tradesmen of their Parish to be Scavengers for their Parish for the Yea● following and till others be chosen an● setled in their Places which Persons being approved of and confirmed unde● the Hands of two Justices of the Pea●● within their respective Limits an● within seven days after notice of s●● Election and Confirmation to ta●● the Office upon them upon pain 〈◊〉 ten pounds forfeiture for every Refuse respectively and in case of refus● then other two are to be chosen an● confirmed in manner aforesaid withi● seven days after such refusal in the place of him or them so refusing and having notice shall undergo th● like pain of ten pounds in case of refusal and not taking the Office upo● 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 sa●● 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 ●● any one Justice of the Peace of any the places aforesaid to be directed t● the Constables or other Officers of the said Parish or any two or more of ●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 ●● 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 man●er for every Person or Persons neg●ecting or refusing the same and with●n Within what time Rates are to be made and by whom twenty days after the election and confirmation of the said Scavengers ●s aforesaid the Constables and such other Officers and Parishioners as aforesaid or the greater number of them ●hen present shall make a Rate or Assessment according to pound Rate ●pon the Inhabitants of their Parish which being allowed and confirmed ●y two Justices of the Peace of the ●laces aforesaid shall be quarterly paid ●y every Inhabitant upon demand ●ade by the Scavengers or Officers appointed to gather the same and i● case of refusal or neglect shall b● Warrant under the Hands and Se●● of two such Justices of the Peace ●● aforesaid be levied by distress and sa●● of the Offenders Goods and for wa●● of distress by imprisonment being no Peer of the Realm until payment as aforesaid And such Sums of Mony as sh●●● The Scavengers to account for the monies received by them be yearly assessed and collected shal● be yearly accounted for by the Scavengers for the time being whic● collected the same to two or mo●● of the Justices of Peace of the plac● residing in or near to the respectiv● places for which such Scavengers were appointed within eight and twenty days after the electing of new Scavengers for the ensuing Year and ●● 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 comit●● the Refuser to prison there to remai● without Bail or Mainprise till he a●count and pay what remains upo● Account and the Scavengers ma● Scavengers to lodge their Dirt in such publick places as the Justices of Peace shall approve of lodge their Dirt Dust Ashes c. i● such vacant and publick places near the Street or High-ways as two or mo●● of the Justices of the Peace in their ●etty Sessions shall approve of they ●iving satisfaction to the Owners and Occupiers thereof and in case of un●easonable demands such Justices of the Peace in their Petty Sessions may moderate and determine it and such persons as are agrieved with any As●essment or Determination of the Ju●tices of Peace in their Petty Sessions may appeal to the Justices of the Peace ●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 wh●● 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 n●● 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 Commi●●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 Houshold●●● to h●ng out Candle● 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