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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

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Witnesses upon Oath and i● case of default in any of those Office● to be adjudged by the said Justice● the party or parties so convict are 〈◊〉 be committed to the Common Ga●● of the County there to remain without Bail or Mainprize till account b● made and payment as aforesaid The Surveyors or any three or mo●● Surveyors to charge Teams and Labourers Keb. Stat. ibid. f. 1256. sect 2. of them from time to time as the● shall see cause may appoint and r●quire all Persons inhabiting in th● County within three miles of th● places aforesaid who by any Law 〈◊〉 Statute in force is or are chargeabl● to labour at the High-ways or t● find any Wain or Cart for the amending thereof upon reasonable notice t● send his or their Wain or Cart 〈◊〉 Team or to come to labour in th● said High-way at any of the place aforesaid so furnished as the Law direct for amending other High-ways whe● and as often as the said Surveyors 〈◊〉 any three or more of them shall ●hi●● needful and appoint for which the● shall pay them according to the rate ●f the Country upon pain to forfeit ●n shillings for every Team every day making default and every Labourer ●ighteen pence but none are to send ●heir Team Cart or Waggon for ●mending the said Way or to go and ●abour therein above three miles from ●●eir Dwelling-houses nor above three ●●ys in one Week nor in Seed-time ●ay or Corn-Harvest and any two ●r more Justices of the Peace of the County are to determine all Differences ●out the Hire of such Persons and seams Carts and Waggons and the ●●stices determination in such cases to In what places the ●urveyors may dig for Gravel c. Keb. Stat. ibid. f. 1257. sect 3 ●e conclusive and where there is not ●ufficient Gravel Chalk Sand or ●tones within any Parish Town or ●illage or Hamlet wherein the said ●igh-way lies then three or more of ●he Surveyors or such Persons as they ●ppoint may dig take and carry ●way such quantities of such Materials ●ut of the Waste or Common of any ●eighbouring Parish Town Village 〈◊〉 Hamlet as they think necessary for ●he repairing of the said Way with●ut paying any thing for the same ●●d when there is not sufficient in such ●●ces then they may dig in the several Grounds of any Persons where such Materials are to be found not being an● House Garden Orchard Yard or Par● stored with Deer within any Parish chargable towards the Repairs of the sai● High-way and carry away from tim● to time such quantities as aforesaid without paying any thing for the same save only reasonable Satisfaction to the Owners or Occupiers of the Grounds for the damage they shall thereby sustain to be assessed in case of any difference by the Justices of the County at their next or any other Quarter Sessions held for the County and the Pits or Places so digged to be filled up with all convenient speed to be adjudged by the said Just●ces and levelled with Earth or other Materials or else railed about so as the same may not be deemed dangerous to Man or Beast The Surveyors with the consen● Surveyor m●y engage th● Toll for present Mony Keb. Stat. f. 1258. sect 6. of the Justices of the Peace at an● Quarter-Sessions of the Peace to be held for the County by Indenture under the Hands and Seals of the said Surveyors for the time being may transfer and grant the Profits of the Toll for any time or term not exceeding nine Years to any Person or Persons that shall and will upon that Security advance any present Sum or Sums of Mony towards the present ●●paration of the said High-ways for the repaying the same with Interest When and how the Justices may make a Rate Keb. ibid. and in case Mony cannot be borrowed on that Security then the Justices at their Quarter-Sessions when they see cause may make a Rate for the repair of the said High-way of such Sum or Sums of Mony as they think fit for the speedy effecting the Repairs thereof to be raised upon the Parishes that lie in or near the said Road and to be paid to the Surveyors or to their Receiver or Collector and in ●ase of refusal by any Person to pay then the said Surveyors or their Receiver or Collector may distrain for such Sum or Sums of Mony and sell the Distress rendring the overplus to the Owners and the Mony so advanced Repayment out of the Toll to the Towns charged with a Rate Keb. St. f. 1258. sect 7. Such as were formerly chargeable towards Repairs to be so still Keb. ibid. f. 1259. sect 11. by the said Towns is to be repaid by the Surveyors as it doth arise out of the Toll and such Persons who by ●aw are chargeable towards the repairing of the said High-way and Places shall still remain so chargeable notwithstanding this Act of Parliament All Fines and Forfeitures incurred Fines and Forfeitures to be levied by the Surveyors Keb. Stat. 1258. sect 9. by this Act shall be paid to the Surveyors or any three of them or their Treasurer towards the repairing the said High-ways and Places and in In Case of refusal or death new Surveyors to be chosen Keb. ibid. case of refusal or of Persons accepting and dying in the Office or discharge for any lawful Impediment then two or more Justices in the County living in or near the said High-ways and Places aforesaid are to appoint some other fit person or persons within the County in the place of him or them so refusing dying or discharged and such persons as are so chosen having notice thereof given under the Hands and Seals of such Justices so choosing them are to take upon them the Office and execute the same in such manner and under such Penalties as if he or they had been chosen by the Justices at their Sessions of the Peace in manner aforesaid and all Suits upon Actions upon this Statute to be laid in the same County general Issue pleaded and give special Matter in Evidence Keb. ib. sect 10. this Act to be laid in the same County and the Desendant may plead the General Issue and give the Special Matter in Evidence and if at the Tryal it appear the Matter was done in pursuance and by authority of this Act and that such Action shall be brought in any other County then the Jury to find for the Defendant and upon such Verdict or that the Plaintiff shall be non-suited or discontinue this Action after the Defendants appearance or if upon Demurrer Judgment shall be given against the Plaintiff the Defendant shall have double Costs and have like remedy for the same as any Defendant hath in other Case by Law And this Act was to continue for eleven years which ended Anno Dom. 1674. Then by the Statute of the 16 and 16 17 Car. 2. ch 10. Toll at Wades Mill continued for