them that then the same shall be levied by the said Surveyors by distress and sale of the Goods and Chattels of the persons so refusing rendring to the party the overplus reasonable Charges for making the said distress first to be deducted 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 PResentments for Defaults in not 2 3 P. M. ch 8. Stat. at large f. 289 290. Poult High-ways 9 10 Keb. St. f 741. sect 2 4. Lamb p. 475. Dalt J. P. f. 103. Bond Guide for Just J. p. 112. Wing High-ways sect 8 9. coming to the publick or common days-works for amendment of the High-ways by the Statute 2 and 3 P. and M. may be in the Leet or at the Sessions and the Steward of the Leet or any two Justices at the quarter-Quarter-Sessions whereof one to be of the Quorum may set Fines at discretion if it be in the Leet then the Steward within six Weeks after Michaelmas is to deliver indented Estreats of the Fines under his Hand and Seal one to the Bailiff or High-Constable of the Hundred Rape c. And the other to the Constables and Church-wardens of the Parish where the default is made and if it be in the Sessions the Clerk of the Peace is to do the like and the Bailiff or High-Constable are to levy Wing High-ways sect 10. by distress the Fines mentioned in the Estreats and where no distress is to be found or denial of payment for twenty days after demand then the parties are to forfeit double so much and the Bailiff or High-Constable are Wing ibid sect 11 yearly betwixt the first of March and last of April to give account to the Churchwardens of the Parish where Offences shall be committed on pain of forty shillings and if they refuse to give account and pay all the Monies bâ— them received save eight pence in the pound for their own Fee and twelve pence in the pound for the Steward oâ— Clerk of the Peace Fees that make the Estreats then the Churchwardens may call them before two or more Justices of the Peace one to be of the Quor who have power to commit them till payment and the Mony is to be bestowed on the repair of the High-ways of the Parish where the Offence was committed and the succeeding Church-wardens may in like manner call their 5 El. ch 13. 22 Car. 2. ch 12. directs the same to be done at the same time Keb. St. f. 1396. sect 12. Crom. 131. Dalt .. J. P. f. 99. Poult J. P. 69 Bond. P. 110. Comp. J. P. 161. Lambert P. 305. Wing High-ways sect 15 16 17. Predecessors to account Surveyors of the High-ways by the Statute 5 Eliz. are to present Default and Offences to the next Justice of the Peace within a month after they are committed on pain of forty shillings and the Justices on pain of five pounds is to certifie the same Presentment at their next general Sessions and by the same Statute every Justice of the Peace may of his own knowledge in open Sessions make presentment of any High-way not sufficiently repaired or of any other Default or Offence committed in the said County within the Limits of his Commission contrary to this Act or the 2 and 3 P. and M. which presentment shall be of the same force as if it had been presented and found by the Oath of twelve Men And the Justices or any two of them one to be of the Quorum may at their general Sessions assess such Fines upon presentments as they think fit saving to the persons so presented their lawful Traverse to the same as they might have upon an Indictment of Trespass or Forceable Entry and the Fines upon such Presentments to be estreated by the Clerk of the Peace and levied and disposed of in manner and form aforesaid The Fines imposed and set on the When Fines set on a Parish for not repairing their High-ways are levied on some particular Inhabitants how they shall be reimbursed presentment of a Justice of the Peace and other Fines and Issues for not repairing of High-ways being oftentimes returned into the Court of Exchequer or other Courts and levied upon some particular Inhabitants anâ— no provision being made for making a Rate to reimburse them it is enacted therefore by the Statute 3 and 4 3 4 W. M. ch 12. of their Majesties Reigns King William and Queen Mary That no Fine Issue Penalty or Forfeiture shall for the future be returned into any of the Qu. how it shall be levied and by whom if by the chief Constable or Bailiff of the Hundred upon an Estreat made by the Clerk of the Peace as is directed by the Statute 2 3 P. M. 5 El. or how else for here is no mention made by this Stat. said Courts but shall be levied and paid into the Hands of the Surveyors of such Parish or Place to be applied towards the repair of such High-way and if any Fine Penalty or Forfeiture imposed on any Parish or Place for not repairing the High-ways be hereafter levied on any one or more of the Inhabitants there then such Inhabitant or Inhabitants may make their complaint to the Justices of the Peace at their special Sessions and they or any two of them by Warrant under their Hands and Seals may cause a Rate to be made according to the form and manner as is set down in the last Section of the sixth Chapter for the reimbursing Surveyors for reimbursing such Inhabitant or Inhabitants the Monies levied on him or them which Rate so made and confirmed by two Justices as aforesaid shall be collected and levied by the Surveyor or Surveyors of the High-ways of such Parish or Place so presented or indicted and the Surveyor or Surveyors within a month next after the making and confirming the Rate must pay unto the Inhabitant or Inhabitants such Mony so levied on him or them as aforesaid Justices of Assize and Oyer and 18 El. ch 10. St. at large f. 610. Pult. J. P. 69. Keb. St. f. 860. sect 9. Wing High-ways sect 23 Terminer and Justices of the Peace in the Sessions and Stewards of Leets and Law-days may hear and determine Offences against the Statute 18 Eliz. and the Surveyors who are to levy the Forfeitures on that Statute and the Constables or Churchwardens who in default of the Surveyors are to levy the same are to yield such account appointed in 2 and 3 P. and M. chap. 8. and 5 El. chap. 13. All defects of Repairs of Cawseys 22 Car. 2. ch 12. Keb. St. f. 1394. sect 4. Wing ibid. sect 33. Pavements High-ways or Bridges shall be presented in the County only where such Cawseys Pavements High-ways or Bridges do lie
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-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
Char. II. they shall not make saâ—isfaction for any Robbery committed â—pon Persons travelling upon Sunday â—ut it is at the peril and loss of the Parties travelling if they be robb'd â—pon a Sunday Now having opened the Ways and â—leared the Passage I shall proceed to â—ntroduce the Officers CHAP. II. Who are to be Surveyors of the High-ways and how and by whom to bâ— chosen and when and what Forfeiture for refusing to take the Officâ— upon them and how to be levied anâ— disposed of I Find no mention made in our Lawâ— Rosinus Rom. An. tiq lib. 7. p. 300. Dalt J. P. ch 50. f. 97. of the Surveyors of High-ways 〈◊〉 about one hundred thirty eight yearâ— ago Anno 2 and 3 P. and M. Buâ— Rosinus tells us that the Senate 〈◊〉 Rome in ancient time took great caâ—â— in making and amending of theâ—â— Ways as well within as without thâ— City Maxima saith he prisâ—â— temporibus Senatus diligentia fuit fâ—ciendâ— sarciendisque viis tam infrâ—quam extra Urbem And the caâ—â— of these Ways was first committed 〈◊〉 the two Censors who were called 〈◊〉 Fenest de Magistr Rom. cap. 17. Godwins Rom. Antiq. lib. 3. sect 2. ch 5. a Censendo because they assessed anâ— valued every Mans Estate and tooâ— notice how every Man lived and carried himself and were reputed of thâ— best Rank of Magistrates in Rome But these Magistrates being too much busied with their other Imployment they chose others whom they called quatuor viros viarum curandarum the four Overseers of the High-ways but the number of their ways increasing particular Ways had particular Surveyors appointed who were called curatores viarum which Caesar Augustus made an Ordinary Office to which Office our Surveyors of the High-ways now answer so that this Office hath been of great Antiquity By the Statute of the 2 and 3 of 2 3 P. Mâ—ch â— St at large printed 1587. f. 289. Poulton Abr. Penal St. High-ways 1. Keb. St. printed 1684. f. 740. sect 2. Wingate sect 5. High-ways King Philip and Queen Mary it is â—enacted That the Constables and Church-wardens of every Parish withâ—n this Realm shall yearly upon the Tuesday or Wednesday in Easter Week call together a number of the Parishiâ—â—ners and then elect and chuse two honest Persons of the Parish to be Surveyors and Orderers for one Year of the Works for amendment of â—he High-ways in their Parish leading â—o any Market-Town the which Perâ—ons shall have authority by virtue of â—he said Office to order and direct the Persons and Carriages that shall be appointed for those Works by their disâ—etions and the said Persons so named â—hall take upon them the execution of â—heir said Offices upon pain every of them making default to forfeit twenty But novv by the St of the 3 4 of K. Will. and Q. Mar. the penalty is 5 â— shillings But the Statute of the 22d of King Charles the Second appoints that the 22 Car. 2. ch 12. Keb. ibid. f. 1396. sect 12. Wingate sect 39. High-wâ—ys Surveyors and Orderers of the Work for the amendment of the High-ways within their respective Parishes shall be yearly chosen and nominated by such Persons as by the Act made in the 2 and 3 years of King Philip and Queen Mary is appointed that is 〈◊〉 the Constable and Church-wardens 〈◊〉 every Parish calling together a number of the Parishioners upon somâ— day in the same week that the Feast 〈◊〉 the Birth of our Lord commonly called Christmas shall be which Person so nominated and appointed shall takâ— upon them the said Office upon paiâ— of incurring the Forfeiture mentioneâ— in the other Act of Parliament 〈◊〉 that this Statute of 22 Car. 2. seeâ—â— to repeal that Clause of 2 and 〈◊〉 P. and M. Quoad tempus sed nâ—â— quoad modum as to the time of thâ— Election of these Officers but nâ—â— to the manner and form of theâ—â— choice And now by the Statute of the thiâ— â— 4 K. Will. â— Mar. ch 12. and fourth years of their present Mâ—jesties Reigns King William and Queeâ— Mary which is the Law now to be observed it is enacted That the Constables The time and form of chusing Surveyors according to the Laws now in force Headboroughs Tythingmen Churchwardens Surveyor or Surveyors of the High-ways and Inhabitants in every Parish shall assemble together upon The Constables Surveyors c. of every Town Liberty and Precinct within the Parish are to assemble and make a List and return it or every of them neglecting forfeit 20 s. as appears by another Clause in this Act. See p. 18. the six and twentieth day of December every Year unless that day shall be Sunday and then on the seven and twentieth and the Major-part of them as are so assembled shall make a List of the Names of a competent number of the Inhabitants in their Parish who have an Estate of ten pounds by the Year in Lands Tenements or Hereditaments Who are to be Surveyors and how qualified either in their own Right or their Wives or are worth an hundred pounds in personal Estate or farm thirty pounds by the Year in Houses Lands Tenements or Hereditaments if there be any such or if there be no such Persons in the Parish then they are to make a List of the most sufficient Inhabitants of the said Parish This List thus made must be returned A List to be returned to the J â— at private Sessions and when to be held unto two or more Justices of the Peace in or near the Division of the County in which their Parish lies at a Special Sessions to be held by the said Justices for that purpose within the said Division on the third day of January next following unless it shall happen on a Sunday and then to be the fourth of the same Month or within fifteen days after of the time Notice to be given before the holding of the special Sessions of the time vvhen and place vvhere and the Justices forfeit 5 â— If they neglect to keep such a Sessions or to put this Act in execution and place of holding of which said Special Sessions the Justices must give ten days notice at the least before the holding thereof to the Constables Headboroughs Tythingmen Church-wardens and Surveyors of the High-ways of every Parish within the said Division and then and there the said Justices by Warrant under their Hands Justices of Peace to nominate the Surveyors and Seals shall nominate and appoinâ—â— out of the said Lists one two or moâ—â— at their discretions of such Persons as they think fit being of like sufficiency as aforesaid to be Surveyor oâ— Surveyors of the High-ways of every Parish within the Division or for anâ— Hamlet Precinct Liberty Tything or Town therein for the Year ensuing And the Person or Persons so nominated Persons named to have notice and appointed within six days afteâ— are to be
to time every four months during his being Surveyor to take a view of all the Roads Common High-ways Water-courses Bridges Cawseys and Pavements within thâ— Parish Town Village Hamlet Precinct or Tything for which he is appointed Surveyor that are to be repaired by the said Parish Town Village Hamlet Precinct or Tything and must make a Presentment upon Presentment to be made upon Oath and to whom and under what penalty Oath in what state and condition hâ— finds the same in to some Justice 〈◊〉 the Peace of the same Division if theâ— resident there otherwise to some neighbouring Justice of the Peace 〈◊〉 the same County and in default therâ— of to incur the same penalties as if hâ— had refused or neglected to acceâ—â— and execute the said Office whicâ— penalty is five pounds to be levied oâ— his Goods and Chattels by Distress anâ— Sale by Warrant under the Hand anâ— Seal of two or more Justices of thâ— Peace of the same Division or in dâ—fault thereof any neighbouring Justicâ— of the Peace for the same County unless he shew some reasonable excuâ—â— to be allowed by the Justices aforesaid for omitting the same And what defaults or annoyances the Notice to be given in the Church of defaults and annoyances and if not removed Surveyors to remove them and how to dispose of them â—urveyors shall find in any of the said High-ways Cawseys Bridges Ditches â—edges Trees Water-courses Drains 〈◊〉 Gutters next adjoining to the same â—hey are from time to time the next Sunday after Sermon ended to give â—ublick notice thereof in the Parish-Church and if the same be not removed repaired and amended within â—hirty days after such notice then the â—urveyor or Surveyors are within thirty days to remove repair and amend the â—ame and dispose of the same Annoyâ—nces for the repair of the said High-ways and what Charges the Surâ—eyor Surveyors to have their Charges repaid for removing of Annoyances repairing c. and Surveyors are at they are to â—e reimbursed by the Parties who should have done the same and if the parties refuse or neglect to pay the Surveyors their Charges upon demand â—hen the Surveyors making Oath hereof before any Justice of the Peace within the Division of the County wherein such Way is or in default â—hereof to any neighbouring Justice for â—he said County they shall be repaid all such their Charges as shall be allowed to be reasonable by the said Justice to be levied in manner aforesaid that is by distress and sale of Offenders Goods and Chattels by Warranâ— as is shewed before but still here 〈◊〉 no Officer named that shall execuâ—â— the Warrant and make the distress anâ— sale CHAP. IV. Who and what Persons are to appeaâ— and labour upon the publick or common Days appointed by the Suâ—veyors for the amendment and repair of High-ways and where thâ—â— are to appear and after what maâ—ner and how long they are to worlâ— and under what Penalties anâ— how to be levied and disposed oâ— with some Cases and Resolutions râ—lating to these Matters EVERY Person for every Ploâ— 2 3 P. M. ch 8. Stat. at large f. 289. Poulton High-ways 2. Dalt J. P. ch 50. f. 99. Lamb. Eirenarcha printed 1588. p. 474. Keb. 81. f. 740 sect 2. Bonds Compl. Guide for J. P. p. 110. Wing High-ways sect 6. Land in Tillage or Pasture thâ— he or she shall occupy in the samâ— Parish and every other Person keepinâ— there a Plow or Draught shall finâ— and send at every day appointed foâ— the amending of their High-ways 〈◊〉 the place to be appointed one Waâ— or Cart furnished after the Custom 〈◊〉 the Country with Oxen Horses Where they keep all Horse Teems there they may send a Cart furnished and where they keep Draughts and Oxen there they must send a Wain and not a Cart for if the Party keep both a Wain and a Cart yet he must send that which will do best service and that is a Wain Dalt ibid. f. 100. Poult High-ways 4. Bond ibid. p. 111. Keb. ubi supra Wing ubi supra â—ther Cattel and all other Necessaries â—eet to carry things convenient for â—at purpose and also two able Men â—ith the same upon pain of every â—raught making default ten shillings â—nd every Housholder and also every â—ottager and Labourer of the Parish â—ble to labour and being no hired â—ervant by the Year shall by themâ—â—lves or one sufficient Labourer for â—very of them upon every of the said â—ays work and travel in the amendment of the said High-ways upon â—ain of every person making default 〈◊〉 lose for every day twelve pence â—nd if the said Carriages of the Parish Two able Men to be sent for every Carriage spared Dalt ibid. f. 100. Poult ibid. High-ways 3. Wingate High-ways sact 7. 〈◊〉 any of them shall not be thought â—eedful by the Surveyors to be occupied upon any of the said days that then every such person that should have â—ent any such Carriage shall send to the â—aid Work for every Carriage so spared â—wo able Men there to labour for that Note that neither Women nor Children are to be sent to the common days Works But by the Stat. of 22 Car. 2. ch 112. the forfeiture is made 1 s. 6 d. and so it is for every day Labourers making default â—ay upon pain to lose for every Man â—ot so sent to the said Work twelve â—ence and every Person and Carriage â—bovesaid are to bring with them â—hovels Spades Picks Mattocks and other Tools and Instruments necessary â—or the said Work and all the said Persons and Carriages are to do their Work as they shall be appointed 〈◊〉 the Surveyors or one of them eigâ—â— hours of every of the said days unlâ—â— they shall be otherwise licenced by 〈◊〉 said Surveyors or one of them Stewards in Court-Leets have powâ—â— Stewards in Leets and in their default J. P. at Sessions to enquire of defaults upon this Statute to enquire after the Offences aforesaâ—â— committed within the Precincts of the Leets and set reasonable Fines aâ—â— Amerciaments upon Offenders and 〈◊〉 St. at large f. 289. Keb. ibid. f. 740. sect 2. Wing ibid. sect 8. within six weeks after Michaelmas 〈◊〉 deliver indeâ—â—ed â—â—treats of such Fâ—â—â— under their 〈◊〉 and Seals 〈◊〉 oâ— part thereof in the Bailiâ—â— or Higâ— Constable oâ— the Hundred Rape Latâ—â—â— or Wapenâ—â—ke and the other to tâ—â— Constables and Churchwardens of 〈◊〉 Parish where the defaults were made and in default of Presentments in tâ—â— Leet then the Justices of the Peace 〈◊〉 the County at every general Quarteâ— Sessions may enquire thereof and 〈◊〉 such Fines as they or any two of theâ— whereof one of them to be of tâ—â— Quorum shall think fit of whiâ—â— the Clerk of the Peace is to make iâ— dented Estreats under his Hand anâ— Seal in like manner as the Stewards 〈◊〉 Bâ—iliff or High-Constable to levy and make account Dalt J. P.
4 W. M ch 12. 〈◊〉 their present Majesties Reigns King â—illiam and Queen Mary That the â—â—rveyors of the High-ways shall and â—â—e required by the said Act to make â—â—ry Cart-way leading to any Marketâ—own eight Foot wide at the least â—â—d as near as may be even and level â—â—e is no penalty set down in case of â—ler in the Surveyors but I suppose â—â—t will come within the words of other Clause in this Act where it said That if any Surveyor of the â—â—gh-ways after his acceptance of his â—â—fice shall neglect his Duty in any â—â—ing required of him by this Act 〈◊〉 shall forfeit for every such Offence â—â—ly shillings to be levied and disâ—sed of as the Act directs and how â—at is see before in this Chapter â—t quaere how the Surveyors shall 〈◊〉 â—uch a Way eight Foot wide if 〈◊〉 Owners or Possessors of Lands adâ—ning to the narrow Ways will not â—â—fer it for here is no provision made 〈◊〉 such a Case and the Surveyors canâ—â—t â—nlarge the High-way by laying any part of another Mans Land to without his consent By the Statute of 3 and 4 of tâ—â— 3 4 W. M. 〈◊〉 12. present Majesties Reigns King Wâ—â—liam and Queen Mary it is also 〈◊〉 acted That no Horse Cawsey Cawsey for Horses travelling upon 〈◊〉 in any publick High-way be less under three Foot in breadth 〈◊〉 if defaults herein are to be preseâ—â— at the Justices special Sessions where else and how defaults heâ— are to be punished for here is 〈◊〉 penalty set down by the Act of â—â—â—liament CHAP. VI. What Stones and Rubbish the Sâ—â—visors may take for the amâ—â—â—ment of the Highways and in 〈◊〉 places and how they may digâ—â— Sand Gravel c. And when they 〈◊〉 necessitated to provide such Mâ—â—rials at their Charge how they to be reinbursed THE Supervisors of the Hâ—â—â—ways 5 El. ch 13. St. at large f. 443 444. Poult High-ways 5. may without leave of Owner or Owners take and 〈◊〉 away so much of the Rubbish and Keb. St. f. 802 sect 3 4. Dalt J. P. f. 102. Wing High-vvays sect 12. â—mallest broken Stones of any Quarry â—r Quarries already digged and lying â—ithin the Parish or Limits where â—hey are Supervisors as they shall â—hink necessary for the amendment of â—heir High-ways but they are not â—â— dig for any without leave of the â—wners And if there be no such Quarry or Quarries or Rubbish to be â—und in any such Quarry or Quarries â—ithin their said Parish or Limits â—â—en they may dig or cause to be digâ—ed in any Mans several Ground withâ—â— their Parish and Limits and nigh If there be a River not far from a High-way where there is Gravel c. to be had and it cannot be gotten vvithout going through a Mans Close adjoyning to the High-vvay though the Surveyors may dig in that Ground not being Meadovv c. yet qu. vvhether they mâ—y justifie to go over the same to the River to fetch Gravel vvithout the Ovvners Licence it seems by the vvords of the Statute as if theâ— could not â—â—joyning to the High-way for Graâ—â—l Land or Cinders where they are 〈◊〉 be found and take and carry away 〈◊〉 much as by their Discretions they 〈◊〉 all think meet and convenient to be â—â—ployed in the said High-ways but â—â—ey are not to dig in any House â—arden Orchard nor Meadow of any â—an nor to dig any more Pits but â—â—e and the same Pit or Hole shall â—â—t be in breadth or length above ten â—â—rds over at the most which Pit â—â—ey are to cause to be filled up withâ—â— a month after with Earth at the â—â—osts and Charges of the Parishioners â—â—on pain to forfeit five marks to be recovered by Action of Debt as other like Cases of Debt hath been customed The Supervisors may â— Supervisors may gather Stones lying upon any Mans Lands gather or cause to be gathered Stoâ—â— lying upon any Mans Lands or Grouâ—â— within the Parish and meet to used for such service and purpose â— carry away so much as they think â—â—cessary to be imployed in the amâ—â—â—ment of the High-ways There is no Exception of Laâ— No exception of Lands as to gathering of Stones mentioned in the Act as to the â—â—thering of Stones so that I presuâ— the Supervisors may gather Stones a Mans Meadow-ground but thâ— they ought in Conscience to do it such a time of the Year as Meadow may not be spoiled therebâ— and when the Supervisors dig for â—â—vel c. it must be done in Groâ—â— nigh adjoyning to the High-way â— quaere how far this shall extend â—â— whether they may dig in a Maâ—â— Ground lying two or three Cloâ— from the High-way without his leaâ— and making him satisfaction for â— damage but I conceive if a â—â— have a Close that adjoyns upon â—â— High-way which hath fourscore or hundred Acres in it that all this Clâ—â— shall be said nigh adjoyning to â— â—igh-way and that the Surveyors â—ay dig for Gravel c. in any part the Close where its likely to be â—â—und without being Trespassers to â—â—e Owner or Occupier of the said â—lose When Surveyors of the High-ways 3 4 W. M. ch 12. â—ave been forced to lay out their own â—onies for buying Gravel Sand Stones â—id other Materials for the amendâ—ent of their High-ways in such â—arishes and Townships where they had â—â—one within themselves and no proâ—ision by Law how they should be reâ—â—bursed their Monies they have so â—â—id out It is now enacted by the â—tatute 3 and 4 of their Majesties â—eigns King William and Queen Mary â—hat upon notice given by such Surâ—eyors How Surveyors are to be re-imbursed the Monies they lay out to the Justices of the Peace at â—heir special Sessions and Oath made â—f what Sum or Sums of Mony are â—xpended and laid out upon amendâ—ng and repairing the said High-ways â—he Justices or any two of them at Rate by whom and how to be made â—heir special Sessions by Warrant unâ—er their Hands and Seals may cause â—n equal Rate to be made for the reâ—mbursing the said Surveyor or Surveyors the Monies by him or them â—aid out as aforesaid upon all the Inhabitants of such Parish or Townships where such Monies are so expended according to the Rules and Methods prescribed in the Act for the relief of the Poor made in the three and fortieth Year of Queen Elizabeth which â—â— Bliz. ch 2. Act directs the Taxation to be upon every Inhabitant Parson Vicar and other and of every Occupier of Lands Houses Tithes impropriate propriations of Tithes Colomnies or saleable Underwoods in the said Parish which Rate being allowed by the said Justices in their special Sessions shall be collected and gathered by the said Surveyor or Surveyors of the High-ways and if any person or Persons refuse to Surveyors to distrain for the rate and sell the distress pay the Monies so assessed on him or
and not elsewhere and that no such Presentment or Indictment shall be removed by Certiorari or otherwise out of the said County till such Indictment or Presentment be traversed and Judgment thereupon given And no Presentment Indictmenâ— 3 4 W. M. ch 12. or Order made by virtue of the Statuâ—â— 3 and 4 of their Majesties Reigns King William and Queen Mary is to bâ— removed by Certiorari out of the County into any other Court for any Matters concerning High-ways Cawseys Pavements and Bridges mentioned in the said Act but are to be determined in the County where the same do liâ— and not elsewhere And now by the Statute also of the 3 4 W. M. ch 12. said 3 and 4 Years of their said Majesties Reigns King William and Queen Mary it is enacted That the Justices of the Peace of every County iâ— their respective Divisions shall hold â— special Sessions once every four months Special Sessions to be held every four months and summon all the Surveyors of the High-ways within that Division to come before them and then shall give them charge to do their Duty and declare to them what they are obliged to do by virtue of that Statute oâ— any former Act and then the Surveyors The Surveyors to present upon Oath are to make a presentment to the Justices upon Oath of the state and condition of the High-ways within their respective Parishes Towns Villages Hamlets Precincts or Tythings for which they are Surveyors and what Offences or Neglects any are guilty of contrary to the meaning of the Statutes made concerning High-ways and before they go out of their Surveyors to account upon Oath Office they must at some special Sessions of the said Justices give an account upon Oath of all Mony come to their Hands which ought to be imployed in amending of the High-ways and how the same is disposed of and if any Mony be remaining in any Surveyors Hands he shall deliver the same to those that shall succeed him for the Year ensuing in the same Office for that Place and in case of failure to forfeit double the value of what shall be judged to be in his Hands by the said Justices to be levied and disposed of in the same manner as the Statute directs in case where one refuseth to be Surveyor after he is served with a Warrant of Notice or neglects the Office for which see before Chap. 2. And now generally all Presentments about High-ways and Offences concerning the same are to be made upon Oath by the Surveyors before the Justices of Peace at their special Sessions held for that purpose CHAP. VIII How Lands given for the maintenanâ—â— of Cawseys High-ways Pavâ—ments and Bridges are to he leâ— and how Assessments are to be made and gathered for repairing High-ways and of such as make resistance and oppose such persons a are imployed in the Execution of the Statutes made for amendment of High-ways and also concerning Suits that shall be brought about the same TRustees of Lands given for maintenance 22 Car. 2. ch 12. Keb. Stat. at large printed 1684. f. 1394. sect 2. Wingate High-ways sect 31. of Cawseys Pavements High-ways and Bridges shall let them to farm at the most improved yearly Rent without Fine and the Justices of Peace in their open Sessions may order the Improvement and Imployment thereof other than of such Lands as have been given to the uses aforesaid to any Colledge or Hall in either of the Universities that have Visitors of their own according to the Will of the Donor if they find that the Persons intrusted have been negligent or faulty in the performance of their Trust Where the Justices of the Peace of 3 4 W. M ch 12. any County City Borough or other Place or the major-part of them at their general or quarter Sessions shall be fully satisfied that the common High-ways Cawseys Bridges Streets â—â— Pavements within their respective Jurisdictions within any Parish Township Hamlet or other place there cannot without the help of the Statute of 3 and 4 of their Majesties Reigns King William and Queen Mary be sufficiently amended repaired paved â—leansed and supported then in all Assessments when and how to be made such Cases one or more Assessment or Assessments upon all and every the â—nhabitants Owners and Occupiers of â—ands Houses Tenements and Hereâ—â—taments or any personal Estate usuâ—lly ratable to the Poor within any â—â—ch Parish Township Hamlet or â—ther place may be made levied colâ—â—cted and allowed by such person and â—ersons and in such manner as the â—â—id Justices by their Order at such â—essions shall direct and appoint in â—â—at behalf and the Mony thereby â—â—ised shall be imployed and accounted â—â— according to the Orders and Dictions of the said Justices for and â—â—wards the amending and repairing paving cleansing and supporting 〈◊〉 High-ways Cawseys Streets 〈◊〉 and Bridges from time to time Quare who must make the distress for the Statute names no Officer but this Clause I conceive hath reference to the preceeding Clause and it must be done by such person or persons as â—oe Justicâ—s shall order at their general quarter Sessions as need shall require and the said 〈◊〉 shall be levied by distress 〈◊〉 sale of the Goods of every Person 〈◊〉 assessed not paving the same within 〈◊〉 days after demand rendring the 〈◊〉 plus to the Owner or Owners 〈◊〉 Charges of making and selling 〈◊〉 distress being first deducted and 〈◊〉 Assessment in any one Year is not 〈◊〉 exceed six pence in the pound of 〈◊〉 yearly value of Lands Houses 〈◊〉 and Hereditaments nor aboâ—â— six pence for every twenty pounds 〈◊〉 personal Estate and such Order 〈◊〉 the greater number of the Justices 〈◊〉 Peace shall make at their general quâ—â—ter Sessions concerning Persons 〈◊〉 shall be conclusive and bind 〈◊〉 said Parties If any person or persons shall 〈◊〉 22 Car 2. ch 12. Keb Stat. f. 1394. sect 2 Wingate High-way sect 32 or make forceable opposition 〈◊〉 any person or persons imployed in 〈◊〉 due Execution of the Acts of 〈◊〉 2 3 P. M. ch 8. 5 El. ch 13. 18 El. ch 10. of 2 and 3 P. and M. and 〈◊〉 and 18 Eliz. or 22 Car. 2. made 〈◊〉 the amendment of High-ways 〈◊〉 shall make any rescue of any 〈◊〉 or Goods distrained by virtue 〈◊〉 of every person being convicted thereof by the Oath of one credible Witness before any Justice of the Peace of the place or division or by the view of the Justice himself shall for every such Offence forfeit forty shillings and for non-payment within seven days after notice of Conviction any Justice of the Peace residing near the place where such opposition or rescue shall be made may commit the Offender to the Common Gaol of the County where such Offence was committed there to remain till payment of the Forfeiture be made to the Surveyors of the High-ways for the
Parish where the Offence was committed to be imployed for the amendment of the High-ways of the same Parish Actions brought against any Person 22 Car. 2. ch 12. Keb Stat. at large printed 1684. f. 1394. sect 3. Wingate High-vvays sect 33. or persons for any thing done by means of the Act of 22 Car. 2. for repairing of the High-ways shall be â—aid in the proper County where the Fact was done and not elsewhere and the Defendants may plead the general Issue and give the special Matâ—er in Evidence and if there be a Verdict for the Defendant or the Plaintiff be non-suited or discontinue â—is Action the Defendant shall recover his treble Costs sustained by reasoâ— of such Action or Suit And if any Action or Suit shall bâ— 3 4 W. M. chap. 12. commenced or prosecuted against anâ— person or persons authorized to 〈◊〉 the Act of 3 and 4 of their Mâ—jesties Reigns King William anâ— Queen Mary made for repairing High-ways in Execution the Defendanâ— may plead the general Issue and 〈◊〉 the special Matter in Evidence and 〈◊〉 the Plaintiff be non-suited or foâ— bear farther prosecution or discontinue his Action or a Verdict 〈◊〉 against him or her the Defendaâ—â— or Defendants shall recover doublâ— Costs for which he and they shâ—â— have the like Remedy as in Case where Costs by Law are given to Defendants 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 Penalty for taking above such Rates NO travelling Waggon Wain 22 Car. 2. ch 12. Keb. Stat. at large printed 1684. f. 1395. sect 6 7. Dalt J P. f. 106. Wing High-ways sect 35. Cart or Carriage wherein any Burthens Goods or Wares are or shall be carried other than such Carts and Carriages as are imployed about Husbandry and manuring of Lands and in the carrying of Hay Straw Corn unthresht Coal Chalk Timber for Shipping Materials for Building Stones of all sorts or such Ammunition or Artillery which shall be for their Majesties Service shall at any one time travel or be drawn or go in any common or publick High-way or Road with above five Horse-Beasts at length and if any shall draw with a greater number of Horses or Oxen they shall all draw in Pairs that is to say two a Breast for such numbers as they shall use except one Horse and every Owner of any Waggon Cart Penâ—lty for offending Wing Highways sect 36. Carriage Horse Beasts or Oxen offending therein shall for every Offence forfeit forty shillings one third part to the Surveyors of the High-ways of the Town Village or Hamlet where the Offences shall be committed one other Penalty how to be disposed third part to the Overseers of the Poor of the Parish where the Offences shall be committed for the use of the Poor of the said Parish and the other third part to him that shall discover the same to be imposed on such Offender by any Justice of the Peace of the Place or Division where such Offence is committed upon the Conviction of the Offender by the Oath of one credible Witness or upon the Justices own view and to be 〈◊〉 Penalty â—y whom to be levied by the High-Constable or other Officer of such Place or Division by Warrant under the Hand and Seal of such Justice of the Peace upon the Goods and Chattels of such person so offending rendring the overplus to the Owner thereof all necessary Charge in levying the same being first deducted And every Surveyor of the High-ways 22 Car. 2. ch 12. Keb Stat. at large printed 1684. f. 1394. sect 1. Wingate High-ways sect 30. wilfully suffering any Waggon â—r Carts to pass through his respective â—imits with any more Horses or â—ther Cattel or in other manner than â—foresaid upon complaint thereof made â—o any Justice of the Peace of the â—lace or Division where such neglect 〈◊〉 and conviction of the Party by the Oath of one credible Witness or upon â—he view of the Justice himself shall â—ncur such Fine as the same Justice â—hall think fit to impose not exceeding forty shillings to be levied by the High-Constable or other Officers as aforesaid and to be imployed for the amending the High-ways of the Parish or Place where such neglect shall be found as the said Justice or Justices shall appoint for the doing thereof To prevent the Abuse occasioned 3 4 W. M. ch 12. by the Combination of Waggoners and other Carriers in raising the Prices of Carriage of Goods in many Places it is enacted by the Statute of 3 and 4 of their Majesties Reigns King William and Queen Mary That the Justices Prices of Land-Carriage for Goods to be set by the Justices of Peace of the Peace of every County and other Place within the Realm of England or Dominon of Wales at their respective Quarter or general-General-Sessions after Easter-day yearly aâ—â— to assess and rate the Prices of aâ— Land-Carriage whatsoever of Goodâ— to be brought into any place oâ— places within their respective Limitâ— and Jurisdictions by any commoâ— Waggoner or Carrier and to certifâ—â— the said Rates to the several Mayoâ—â— and other chief Officers of each respective Market-Town within their said Limits and Jurisdictions to be hung up in some publick place in every such Market-Town that People may resort to it for their Information and no common Waggoner or Carrier is to take above such Prices so set upon pain to forfeit for every Offence five pounds to be levied by distress and Qu. who shâ—ll levy by distress for no Officer is named sale of his and their Goods by Warrant of any two Justices of the Peace where such Waggoner or Carrier shall reside rendring the overplus of the value of the Goods so distrained to the Owner or Owners thereof the necessary Charges of making and selling such distress being first deducted and the Forfeiture to the use of the Party grieved CHAP. X. Of Nusances in publick and private High-ways how removeable and punishable and where an Action upon the Case lies for a Nusance and where not NUsance comes from the French Blounts Law Dictionâ—y verb. Nusance word Nuire id est Nocere to hurt or annoy By the Statute of 3 and 4 of King 3 4 W. M. ch 12. William and Queen Mary it is enacted That no person or persons whatever Qu. if the High-way be above 20 Foot broad whether the laying such things in the way be punishable by this Statute shall lay in any High-way not being twenty Foot broad any Stone Timber Straw Dung or other Matter whereby the same shall be any ways obstructed or annoyed on pain to forfeit for every such Offence the Sum of five shillings to be levied on Qu. who shall levy for no Officer is named by the Act his or
And if a Bishop Prior Abbot c. And 10 E. 3. f. 28 29. 27 Ass pl. 8. Co. â— Inst f. 700. Co. 1â— lib. Rep. f. 33. their Predecessors time out of mind have repaired a Bridge out of Alms or Charity or Good-will this shall bind them to repair it but if it hath been but for once or twice within Memory it bindeth not and yet it is Evidence against them till they prove the contrary If a Man make a Bridge for the 8 H. 7. f. 5. b. Co. 2 Inst f. 701. good of all their Majesties Subjects he is not bound to repair it by the Common Law but either Ratioâ—â— Tenurae or Praescriptionis and noâ—â— can be compelled to make new Bridge where never any were before but 〈◊〉 Act of Parliament But if a Man 〈◊〉 â—olls Ca. 1 p. 368. a Mill for his own singular Profit anâ— make a new Cut for the Water 〈◊〉 come to it and make a new Bridgâ— over it and the People use to go over 〈◊〉 as over a common Bridge this Bridgâ— ought to be repaired by him whiâ—â— hath the Mill and not the County because he built it for his own Benefit 8 E. 3. B. R. Adjudged for 〈◊〉 Bridge and Channel-Bridge against 〈◊〉 Prior of Stratford and it is now repaired by the City of London whiâ—â— hath the Mill. This Act of 22 H. 8. extends 〈◊〉 22 H. 8. ch 5 Co. 2 Inst f. 701. to common Bridges in the Kings High-ways which are broken to the damagâ— of their Majesties Liege People and 〈◊〉 to private Bridges to Mills or the like and therefore the Indictment upon 〈◊〉 Statute saith Quod pons publicus 〈◊〉 communis situs in alta Regia Via super flumen seu cursum Aquae c. 〈◊〉 common publick Bridge set in 〈◊〉 Kings High-way over a River or Water sewer c. And for the better Warrant Co. ibid. f. 703. of the Justices when it cannot bâ— proved who own to repair such Bridges 〈◊〉 hath been gravely advised saith my Lord Cook That the Justices make inquiry by the Grand Inquest of the Body of the County at the General quarter-Quarter-Sessions who ought to repair the Bridges and if that cannot appear upon any proof made then to find that the Bridge is in decay c. And to conclude their Presentment How the 〈◊〉 Jury are to conclude their Presentments for decayed Bridges Co. ibid. f. 703. Et ulterius Juratores praedicti praesentant quod prorsus nescitur quae personae quae Terrae sive Tenementa aut Corpora Politica eundem pontem aut aliquam inde parcellam ex Jure aut antiqua consuetudine rerare debent seu consueverunt And the said Jurors do farther present that it cannot be known what Persons Lands or Tenements or Body Politick of Right or by ancient Custom ought to repair the said Bridge or any part of it or have been accustomed to do it and this will be a safe way for the four Justices or more to proceed herein And in a Franchise City or Borough where there are not four Justices of the Peace and one of them of the Quorum and where they keep not General Sessions the Justices of the Peace for the County in such case are to inquire upon this Statute But if the Franchise City or Borougâ— be a County of it-self then the Justices of the Peace of the County haâ—â— nothing to do with it but such decay of Bridges there must be remediâ—â— according to Common Law as they were before the making of this Act oâ— Parliament If a Man dwell in an House out oâ— Who shall be accounted â—n Inhabitant and liable to contribute to the charge of the Repairs of decayed Bridges the County Riding City or Towâ— Corporate where a decayed Bridge is yet if he have Lands or Tenements â—â— his own possession and manurance is that County Riding City or Towâ— Corporate where the Bridge is he â—â— an Inhabitant in both places within this Statute for habitatio dicitur aâ—â— habendo quia qui propriis manibus sumptibus possidet habet ibi habitare dicitur So that a Man is said tâ— So resolved in Jeffries Case Mic. 31 32 El. B R. Co. Rep. 5. lib. f. 66 57. inhabit where he keeps Lands in his own Manurance and Possession aâ— aforesaid And so if a Man dwell iâ— a Foregin Shire Riding City oâ— Town Corporate and keepeth House and Servants in another Shire Riding City or Town Corporate he is aâ— Inhabitant in each of them also within this Statute but though Servantâ— are properly Inhabitants where theâ— Live yet they are not such Inhabitants as this Statute extends to them but to such as be Housholders and to every Corporation and Body Politick residing in any County Riding City or Town Corporate or having Lands or Tenements in any Shire Riding City or Town Corporate quae proprits manibus sumptibus possident habent are said to be Inhabitants within the purview of this Statute and an Infant likewise that hath House and Lands by descent or purchase is liable to this publick Charge and so is the Husband of a Feme-Covert and by this word every Inhabitant all Priviledges of Exemptions or Discharges whatsoever from Contribution for the Reparation of decayed Bridges if any were are taken away although the Exemption were by Act of Parliament so that it seems Ecclesiastical Persons who by former Laws are freed from Pontage are by this Statute made liable to contribute to the Charges of decay'd Bridges Although by this Statute of 22 H. 8 How and after what manner 〈◊〉 Taxes are usually laid on for the repairs of decayed Bridges neither the Justices without the assistance of the Constable or two able Men of every Town or Parish nor the Constables or Inhabitants without the Justices can make a Taxation noâ— when the same Tax is made can the same be set by the Justices in a gross Sum upon every Hundred Parish and Town but that every Inhabitant ought to be taxed singly by himself Co. 2 Inst f. 702 703. and each one bear his own Burthen and that indented Rolls in Parchment of every several Hundred and of the Names and Sums of every particular Person so by them taxed and sealed by the said Justices ought to be given to the Collectors appointed for the Bridges for their Warrant to gather the said Tax by yet notwithstanding to free the Constables and Inhabitants from the trouble and charge of Attendance the common course is to charge every Hundred and Constablery with a Sum in gross and to give it in charge to the Chief Constables of every Hundred who send their Warrants to the Petty-Constables to gather the same by virtue of which Warrant the Inhabitants lay on their Assessment and pay the Mony to the Petty-Constables who pay the same to the Chief-Constables and they pay the Monies for their whole Hundred at the Sessions And this
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
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-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-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
so much of the Statutes of 15 Car. 2. chap. 1. and 16 and 17 Car. 2. chap. 10. as concerns the repairing the ancient High-way and Post-Road from London to York and so into Scotland as lies in the several Parishes 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 BY the Statute of 15 Car. 2. chap. 1. Justices of Peace at the Sâ—ssionâ— to choose nine Surâ—â—yorâ— Kâ—b Stâ—â— f. 1256 sect 1. It is amongst other things enacted That the Justices of Peace for the County of Hertford every Year at the Sâ—ssions to be holden after Easter shall from time to time nominate and appoint nine sufficient and able Pâ—rsons residing and inhabiting within the said County to be Surveyors for â—o much of the said High-way as lies Upon notice â—â—vâ—n them in writing they are to tâ—ke the Officâ— upon them Keb. St. printed 168â— f. ibid. sect ibid. in the several Towns and Parishes of the said County and the said Justices of Peace are to cause notice in Writing to be given to the said Surveyors so chosen who having â—â— lawful impediment to be allowed by the Justices by whom they were chosen are to take the Office upon them and perform their Duty in the speedy execution of the said Act and upon refusal or neglect the said Justices What forfeiture for refusing or neglecting the Office Keb. stat f. 1258. sect 8. at their quarter-Quarter-Sessions may impose such Fine upon such Person so refusing or neglecting as they think sit not exceeding ten pounds and may cause the same to be leviâ—d by distress and sale of his or their Goods rendring to the party so distrained the overplus if The Surveyors to meet at a convenient place to consider of Repairs and providing Materials Keb. St. printed 1684. f. 1256. sect 1. any shall be and such as take the Office upon them are within a Week after notice given them as aforesaid to meet and assemble themselves together in some convenient place within the County to be appointed by the Justices of the County at their quarter-Quarter-Sessions to the intent that they may view the said High-ways and to consider what Reparations will be needful and to provide Stones Gravel and other Materials and Necessaries to be used in the repair and amending the said High-way at the places aforesaid and three or more of them The Surveyors to appoint a Collector of Toll Keb. Stat. ibid. sect 1. being so assembled after notice given as aforesaid are to appoint a Receiver Collector of Toll and such Officers they find necessary for carrying on â—e said Work with moderate Alâ—â—wances as shall be thought fit to be â—â—proved of by any two or more Juâ—â—ices of the Peace of the County living â—ear to the said High-way or Place foresaid or otherwise to be removed â—nd other fit persons to be chosen in â—heir places by the said Justices of the Peace and such fit person or persons The Collector to take Toll and for what things and how much Keb. St. ibid. f. 1259. sect 11. â—ppointed by the Surveyors with such â—onsent and approbation as aforesaid shall receive and collect the Toll at Wades Mill in the said County and â—o receive and take in the Name of Toll or Custom for every Horse one peny for every Coach six pence for every Waggon one shilling for every Carr eight pence for every score of Sheep or Lambs an half peny and so proportionably for greater numbers for every score of Oxen or Neat Cattel five pence for every score of Hogs two pence and so proportionably for every greater or lesser number not being under five and upon refual or neglect to pay upon demand made by the Collector or Receiver appointed to receive the same in such case he may distrain and detain such Horse Cart Coach Waggon Oxen Cattel aforementioned or any of the till payment thereof with such Dâ—mages as the party so distraining shâ— sustain by keeping such distress bâ— Toll not to be paid twice on one day for the same things Keb. Stat. printed 1684. f. 1259. sect 11. if any return the same day with 〈◊〉 same Horse Coach Waggon or 〈◊〉 Carriage or with Cattel they 〈◊〉 not to pay a second time for the 〈◊〉 things that same day and every peâ—son What Persons from what places for what things to pay no Toll Keb. Stat. ibid. sect 14. or persons coming immediateâ—â— and primarily to and from the seveâ— Parishes of Standen Thundridge 〈◊〉 and Benges adjacent to Wades 〈◊〉 may carry any quantities of Stoneâ— Sand Lime or Gravel Dung 〈◊〉 or Compost of what nature or kinâ— soever Brick Chalk or Wood anâ— that they and all Carts with Hay 〈◊〉 Corn in Straw at Hay-time or Harvest Plows Harrows and other Implements of Husbandry and all other things whatsoever employed in the husbanding stocking and manuâ—ing of their Lands shall pass to and 〈◊〉 through the said place without paying any Toll for their so passing through the same and Souldiers upon their Soldiers on their March Posters to pay no Toll Keb. St. ib. sect 17. March and persons riding Post arâ— to pay no Toll the Collector 〈◊〉 Receiver of the Toll is to give 〈◊〉 account of such Monies as he receives Receiver of the Toll to give an account to the Collectors Keb. Stat. ibid. f. 1257. sect 4 5. often as the Surveyors or any three them shall appoint and pay the 〈◊〉 to them or unto such 〈◊〉 as they shall appoint to be paid But this Clause is altered by Stat. 16 17 Car. 2. ch 10 â—t and expended in the Repairs of 〈◊〉 Places aforesaid and not elsewhere 〈◊〉 the Surveyors every Year at the Surveyors to account to the Justices at Easter quarter-Quarter-Sessions Keb. Stat. printed 1684. f. 1257. sect sect 5. â—â—arter-Sessions to be held for the â—ounty next after Easter shall give â— account in Writing under their â—ands to the Justices of Peace there 〈◊〉 be assembled of the Mony which 〈◊〉 or any of them have received 〈◊〉 the Collector or Receiver of 〈◊〉 Toll and of their Disbursments â—â—out the Repairs aforesaid or by 〈◊〉 of their Offices and to pay 〈◊〉 overplus if any be in their Hands 〈◊〉 the Surveyors to be chosen for the 〈◊〉 ensuing or to the Treasurer or â—eceiver by them to be appointed â—nd the Justices are to make such alâ—â—wance to the Surveyors out of the â—enefit of the Toll or their Care and â—ains taken in the Office as they think â—t and in case of non-payment by â—he Collector or Receiver of the Toll â—pon request made as aforesaid or â—hat the Surveyors or any of them â—hall not make such account or payment as aforesaid the Justices at the quarter-Quarter-Sessions of the Peace to bâ— held for the County may make enquiry as well by Confession of thâ— Parties as by Testimony of two 〈◊〉 more
Witnesses upon Oath and iâ— case of default in any of those Officeâ— to be adjudged by the said Justiceâ— the party or parties so convict are 〈◊〉 be committed to the Common Gaâ—â— of the County there to remain without Bail or Mainprize till account bâ— made and payment as aforesaid The Surveyors or any three or moâ—â— Surveyors to charge Teams and Labourers Keb. Stat. ibid. f. 1256. sect 2. of them from time to time as theâ— shall see cause may appoint and râ—quire all Persons inhabiting in thâ— County within three miles of thâ— places aforesaid who by any Law 〈◊〉 Statute in force is or are chargeablâ— to labour at the High-ways or tâ— find any Wain or Cart for the amending thereof upon reasonable notice tâ— send his or their Wain or Cart 〈◊〉 Team or to come to labour in thâ— said High-way at any of the place aforesaid so furnished as the Law direct for amending other High-ways wheâ— and as often as the said Surveyors 〈◊〉 any three or more of them shall â—hiâ—â— needful and appoint for which theâ— shall pay them according to the rate â—f the Country upon pain to forfeit â—n shillings for every Team every day making default and every Labourer â—ighteen pence but none are to send â—heir Team Cart or Waggon for â—mending the said Way or to go and â—abour therein above three miles from â—â—eir Dwelling-houses nor above three â—â—ys in one Week nor in Seed-time â—ay or Corn-Harvest and any two â—r more Justices of the Peace of the County are to determine all Differences â—out the Hire of such Persons and seams Carts and Waggons and the â—â—stices determination in such cases to In what places the â—urveyors may dig for Gravel c. Keb. Stat. ibid. f. 1257. sect 3 â—e conclusive and where there is not â—ufficient Gravel Chalk Sand or â—tones within any Parish Town or â—illage or Hamlet wherein the said â—igh-way lies then three or more of â—he Surveyors or such Persons as they â—ppoint may dig take and carry â—way such quantities of such Materials â—ut of the Waste or Common of any â—eighbouring Parish Town Village 〈◊〉 Hamlet as they think necessary for â—he repairing of the said Way withâ—ut paying any thing for the same â—â—d when there is not sufficient in such â—â—ces then they may dig in the several Grounds of any Persons where such Materials are to be found not being anâ— House Garden Orchard Yard or Parâ— stored with Deer within any Parish chargable towards the Repairs of the saiâ— High-way and carry away from timâ— 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 Justâ—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 consenâ— Surveyor mâ—y engage thâ— Toll for present Mony Keb. Stat. f. 1258. sect 6. of the Justices of the Peace at anâ— quarter-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 â—â—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-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 â—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 â—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
21 years Keb. Stat. f. 1307. sect 3. 17 Years of Car. 2. chap. 10. The Toll taken at Wades Mill was continued for one and twenty years to commence from the time mentioned in the former Act and the Mony arising therefrom to be imployed for the repaying the Debt with Interest borrowed by the Hertfordshire Gentlemen for the repairing the said High-way and that the Persons impowred by the Way between Puckeridge and Barley to be amended with part of the Toll Keb. ubi supra sect 4. former Act for the repair of the said High-way within the County of Hertford to have the same power to repair the Ways leading from Puckeridge to Barley in the same County as they have to repair the High-way in the said County leading from London to York and that they shall and may apply such part of the Toll thereunto having an equal care on both High-ways as they shall find needful and the Collector of the Toll upon Oath Collectors of the Toll to account weekly upon oath Keb. ubi supra sect 8. before the next Justice of the Peace is to account weekly to the Receiver General for the whole Mony received which account so made shall be returned into the next General Sessions to be held for the said County by the said Justice of Peace before whom such Oath was taken and all Persons chargeable by Law towards the All persons chargable to the repairs to pay yearly six pence per pound Keb. St f. 1308. sect 7 12. repair of the said High-ways to remain still chargeable and pay yearly six pence in the pound according to the true value of their Estate towards the repairing of the said High-way during the time of the continuance of this Act to be paid to the Treasurer appointed to receive the Toll and for default of payment by the space of six days after demand then the Surveyors of the High-ways for the time being to levy the same by distress and sale of the Goods of the Party refusing to pay returning the overplus if any be to the Owner Upon adjudication of the Ways being amended and Monies advanced repâ—id then the Toll to cease Keb. Stat. f. sect 9 10. And if before the expiration of the said Term of one and twenty Years the High-ways be adjudged at the publick Quarter-Sessions for the County of Hertford to be sufficiently amended and that such Sums of Mony already borrowed and laid out or shall be borrowed and laid out for the use aforesaid be repaid with Interest for the same then from and after such adjudication made and repayment of such Mony so borrowed and laid out as aforesaid the aforesaid Toll in the said County to cease and determine and if the High-ways shall be sufficiently amended and the Justices of Peace at their quarter-Quarter-Sessions make no adjudication in such case the Justices of Assize for the County of Hertford may make such adjudication which being entred with the Clerk of Assize for the said County shall be a good adjudication of the amendment of the said High-ways and from thenceforth the said Debt being fully satisfied to such as shall have advanced any Mony thereupon the said Toll shall cease and determine These two Statutes being expired Toll at Wades Mill and all former Powers given by virtue of the two former Statutes revived for fifteen years as to the County of Hertford 4 5 W. M. ch 9. and the Parliament taking notice that this great Post-Road and the other Way cannot be amended and repaired by the ordinary course of the Laws and Statutes of this Realm now in force â—s to such part thereof as lies within the County of Hertford it is therefore enacted by the Statute of 4 and 5 of their Majesties Reigns King William and Queen Mary That the Toll to be taken at Wades Mill for the County of Herford formerly by force of the before-mentioned Acts of Parliament be revived set up and taken again in the same manner by the said Acts mentioned to continue for the space of fifteen Years from the passing of this Act and that the Monies thereby arising be imployed for the repair of the said High-ways within the said County of Hertford with a Proviso That if the said High-ways Uâ—on adjudication of â—mendment of the High-ways the Toll to cease before the expiration of the said Term of fifteen Years be in good and sufficient repair and an adjudication thereof to be made at the Assizes or the General Sessions of the Peace to be holden for the said County as is provided by the said Statute of 16 and 17 Car. 2. the Tolâ— shall from thenceforth cease and determine as in the said Act is directed and appointed and it is farther provided by this Statute of 4 and 5 of their present Majesties Reigns That the several Officers and Persons impowred in and by the said Acts to the purposes therein mentioned so far as may any ways concern or relate to the said County of Hertford shall have 〈◊〉 like Powers and Authorities by virtue of this Act as they and every of them had by virtue of the said former Acts and that all Clauses Provisions Penalties Forfeitures and Exceptions whatsoever therein mentioned concerning the collecting payâ—ng ingaging or accounting for the â—â—id Toll at Wades Mill be by virtue â—f the said Act renewed and put in execution again during the continuâ—nce of this said Act as if they were particularly expressed and repeated in 〈◊〉 same 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 to 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 or pay towards the repair of the High ways in Sussex Surâ—ey and Kent ANY Person within the Welds 15 H. 8 ch 6. 26 H. 8. ch 7. Statutes at large printed 1587. f. 537 538. f. 638 639. High-way Rast 1. Keb. Stat. printed 1684. f. 366. sect 3 4 5. f. 448. sect 3. Lamb. 〈◊〉 lib. 3. ch 1. Dâ—â— J. P. printed 1677. f. 108. of Kent and Sussex with the assent of two Justices of the Peace of the County and twelve discreet Mâ—n of the same Hundred or other Hundreds adjoyning may assign and lay out a new Way in and over the Lands adjoyning to an old Way for the more commodious passage of the People the said Person or others to his use being seised in Fee in Estate of Inheritance of the Lands over which the said new Way shall be laid out and having no respect of profit to accrew thereby and such so setting out a new Way shall have the Soil of the old Way in severalty to him and his Heirs in recompence of the said new Way and within three months after the setting out of any such new Way the said
two Justices and twelve Men are to certifie into the Chancery under their Seals the length and breadth of the said new Way or Street and of other things adjoyning and concerning the same but such assignment of a new Way and seising the Soil of the old Way in severalty shall not debar any Person or Persons or Body Politick of their Church-way or Way to their Lands as formerly they had at such convenient places through the old Way or Street as shall be assigned by the said two Justices of Peace and other twelve Men and by them certified into the Chancery in form as aforesaid Kings Ferry in the Isle of Sheppy 18 El. ch 10. Stat at large printed 1587. f. 610 611. High-ways 12. in the County of Kent and the Ways leading to the same to be maintained Rast Keb. Stat. f. 860. sect 10 11. by an Assessment and Tax to be laid on every Year by the Jury impannelled and sworn at the Court or Law-day to be held at Kingsborow within the said Isle the Monday next after the Feast of Pentecost upon themselves and all other the Inhabitants and Land Occupiers of the said Isle an Acre of Fresh-marsh and Upland not to be taxed above one peny in the year and ten Acres of Salt-marsh one peny and all other Profits given for the maintenance of the said Ferry are to be levied recovered and received by the Ferry-Warden and the Assessments to be distrained for and levied upon the Estreats of the Steward of the Court as other Amerciaments are used to be and to be bestowed by the Ferry-Warden upon the repairing and amending the said Ferry and Ways and he to give account to the Ferry-Warden to give account of Monles received c. Steward and Homage the next Law-day following and to pay in the Arrears in his Hands to the next Ferry-Warden on pain to forfeit double of such Arrears to be levied as other pains in the Court be and imployed to the maintenance of the said Ferry and three Justices of the Peace one to be of the Quorum next inhabiting to the Town of Middleton in the County of Kent may assess all Land Occupiers dwelling out of the Isle of Sheppy and within four miles distant from the Ferry not exceeding in one year the Rates above mentioned for fresh and salt Marsh and to appoint 〈◊〉 Collector or Collectors for the same who are to imploy the same upon the High-ways leading from Middleton to the said Ferry and to give account thereof yearly to the said Justices Then by the Statute of 27 Eliz. 27 El. ch 26. Stat. at large printed 1587. f. 723 724. High-ways 7. Rast Keb. Stat. f. 890. Six five four or three Justices of the Peace inhabiting within eight miles of Middleton in the County of Kent may lay a Tax upon the Grounds lying without the Isle of Sheppy and within four miles distant from Kings Ferry there and raise such Assessments towards the High-way leading from Middleton to Kings Ferry as to them shall seem reasonable though the Owners or Occupiers of the said Grounds be dwelling without the compass of four miles so as every Year one Acre of Fresh-marsh be not charged above one peny nor ten Acres of Salt-marsh not above one peny notwithstanding the other Statute The Justices of Peace within the 27 El. ch 24. Stat. at large printed 1587 f. 722. High-ways 4. Rast Keb. St. f. 890 sect 2 3. County of Norfolk may yearly at any General Sessions held for the said County appoint so many of the publick Day-works as are set out for amending the High-ways as they think are superfluous for that Work and imploy them for and towards the making and amending the Sea Banks or Sea Works there which shall needfully require any such amendment and every Person so appointed and chargeable to the amendment of the High-ways within three miles of the said Sea Banks or Sea Works shall yearly upon reasonable warning given during so many days as shall be appointed in the Sessions in respect of his or their Labour and Carriages stand and be charged towards the amendment of the said Banks or Works as by the Statutes of 2 and 3 P. and M. chap. 8. 5 Eliz. chap. 13. and 18 Eliz. chap. 10. they stand charged for the amendment of any High-ways under the like pains and forfeitures contained in those Statutes for their not performance and the Justices to appoint Surveyors said Justices at their said Sessions to appoint the High-Constables of every Hundred chargable towards the amending the said Banks or Works to be Surveyors thereof who are to take the Office upon them under the like Penalties contained in the said Acts against Surveyors of the High-ways refusing to take the Office upon them and the Persons imployed towards amending of the Sea Banks or Sea Works aforesaid to 〈◊〉 discharged for so many days towards the amending of the High-ways as they are imployed in the other Work 〈◊〉 all Penalties and Forfeitures to be 〈◊〉 in manner and form as in the Statutes aforesaid are limited and appointed Occupiers of Iron-Works as Owners 39 El. ch 19. Dalt J. P. printed 1667. f. 107 108. Keb. St. printed 1674. f. 630. sect 3 4 5. Lamb. Eirenarcha P. 305 475. 〈◊〉 Farmers for Life Years or at Will 〈◊〉 any Coals Mine or Iron to 〈◊〉 for any their Iron-Works in any Year between the twelfth day of October and first day of May for every 〈◊〉 Wain or Cart Loads of Coal 〈◊〉 Mine and every Tun of Iron 〈◊〉 within the said time by the space of one mile in any High-ways within 〈◊〉 Wields of Sussex Surry Kent or 〈◊〉 of them shall pay three shillings to 〈◊〉 next Justice of Peace dwelling near 〈◊〉 places in the said County where the High-ways shall be most annoyed or 〈◊〉 his Assigns and upon default of payment Distress to be made for defaults to be levied by the said Justice or his Assigns by distress of the parties goods within the County that should have 〈◊〉 same and for every thirty Loads 〈◊〉 Coal and Mine or either of them and every ten Tuns of Iron to bâ— carried by such Persons between thâ— first day of May and twelfth day oâ— October in any Year one Load oâ— Cinder Gravel Stone or 〈◊〉 to be by them laid in such plaâ—â— where the High-ways within the Limits aforesaid shall be most annoyed as any Justice of the Peace of any oâ— Justice of Peace to assign places where Cinders c are to be laid the said Counties dwelling near thâ— same shall appoint or else to pay â—â— the said Justice or his Assign threâ— shillings within eight days after demand made at such Iron-Work tâ— or from which any Carriage shall bâ— for and in allowance of every Caâ— Load so to have been carried and laiâ— as aforesaid to be levied by 〈◊〉 after default of payment upon demand and if such Justice of the Peaâ—â— do
not within forty days yearly afteâ— the first day of May appoint 〈◊〉 the said Cinder Gravel c. shall bâ— laid or where the Mony due or paiâ— for the same shall be bestowed thâ—â— the same shall be laid where the Suâ—veyors of the High-ways within 〈◊〉 Surveyors in default of the Justice of Peace to assign Places Parish so annoyed shall appoint or 〈◊〉 default thereof pay to them thrâ—â— shillings for every such Load due anâ— uncarried in manner and form 〈◊〉 on pain of ten shillings for every Load of Cinder c. not carried and 〈◊〉 in the High-ways or the three 〈◊〉 unpaid as aforesaid to be paid by such Person as ought to have 〈◊〉 and laid the same or to have 〈◊〉 as aforesaid after Conviction and Presentment thereof had before the 〈◊〉 of Oyer and Terminer or Justices of the Peace in any of their open 〈◊〉 to be levied by distress by any Distresses by whom to be taken Constable Tythingman Headborough 〈◊〉 other Officer thereunto assigned 〈◊〉 Warrant made in open Sessions by 〈◊〉 Clerk of the Peace of the County 〈◊〉 the Offence is committed or 〈◊〉 any two Justices of the Peace one 〈◊〉 be of the Quorum which were 〈◊〉 at the Sessions upon the 〈◊〉 and to be bestowed upon the 〈◊〉 of the High-ways at and by 〈◊〉 discretion of any such Justices of 〈◊〉 Peace living next the places most 〈◊〉 by the said Carriages and no distress can be found or the 〈◊〉 be not paid by the Offender 〈◊〉 twenty days after demand 〈◊〉 by the said Officer appointed 〈◊〉 then upon such denial and 〈◊〉 within twenty days as 〈◊〉 to forfeit double the Sum he should have paid to be levied by such ways as any two Justices of the Peace of the same County where the Offence shall be committed one to be of the Quorum shall be thought most Penalties how to be bestowed meet the same to be likewise imployed upon the amendment of the High-ways and upon default of the Justices assigning where the Cinders c. are to be laid or the forfeiture of Monies to be bestowed then the Surveyors of the High-ways within those Parishes where the greatest Annoyance shall be within twenty days after such default shall assign the place on pain of forty shillings for every default and they are also upon like pain to make demand of the Forfeitures to be paid in default of Carriages according to the Limitation of the Act and to make presentment of every such default of carriage or payment at the next General Quarter-Sessions to be holden for the said County where such defaults shall be upon pain also of fortâ— shillings one moiety to their Majesties and the other to the Informer that wiâ—â— sue for the same in any their Majestieâ— Courts of Record CHAP. XV. The Heads of the Statutes made for paving repairing and maintaining the Streets and Lanes in Cambridge Ipswich and Chichester BY the Statute of 35 H. 8. Bridge-Street 35 H. 8. chap. 15 Cambridge Râ—st 2 St. at large printed 1587. f. 998 999 1000. Keb. St f. 601. Highward-Street the Market-place and all other common Streets and Lanes in Cambridge that then were or had been paved were to be sufficiently paved before Lammas following by Persons holding any Houses Lands Tenements Gardens Yards Orchards Barns Stables Cottages Curtilages or other Grounds or Soils there in Fee-simple Fee-tail Frankalmoign by Divine-Service Term of Life or Years c. in length as far as their Premises reach to the midst of the Street on pain of twelve pence for every Yard square not paved within Which was Lammas 1545. the time and six pence every Yard not kept in repair and Jesus-Lane Blacksriers-Lane with the Ways leading to Barnwell and so through the Town to Sturbridge Harlestone-Lane St. Giles-Lane and the Lane leading from St. Johns to the Water-side and all other common Back-Lanes not then paved nor had been paved to be repaired and amended with Gravel and other things by such Owners and Possessors as aforesaid before the said time on pain of two shillings for every Pole not repaired and twelve pence for every Pole not kept in repair afterwards The Chancellor Enquiry of Defaults to be made twice in the year Vice-Chancellor or Deputy and Mayor and Bailiffs or Deputy with such four Assistants as they think fit two of the University and two of the Town twice in the Year at Easter and Michaelmas or within a month after to make enquiry by the Oaths of twelve Men as well of Scholars Servants as Inhabitants of the Town of all Defaults and to set Fines at discretion those set on the Fines set and imposed how to be 〈◊〉 and disposed of Scholars or Scholars Servants to be gathered by the Bedel for the use of the University and those set on other Persons to be levied and gathered by the Chamberlain of the Town or such Officer as the Mayor shall appoint to be imployed to the use of the Town and the Chancellor Vice-Chancellor and Mayor and other Officers aforesaid neglecting their Duty therein or delaying or for bearing for Favour or Reward by the space of six Weeks after any one of the said Feasts to forfeit five pounds half to the King and half to the Informer that will sue for it in any of the Kings Courts and Paviers not to take above one peny farthing for every Yard square paving or six pence a day and find himself on pain to incur the Penalties comprised in the Statute of Winchester made for Artificers and Labourers Lessees that lay out Monies for paving or repairing as aforesaid to defalk so much out of their Rents unless it be otherwise agreed The Streets of Ipswich in the 13 Eliz. chap. 24. Ipswich 1. Rast St. at large printed 1587. f. 552 553. Keb. Stat. f. 844. County of Suffolk and Suburbs thereof by the Statute of 13 Eliz. were to be paved with good paving Stone and for ever repaired by the Owners Land-Lords or Ter-Tenants of Houses Lands or Tenements within the same Town in Fee-simple Fee-tail or for Life or Years along from and against their Houses Lands and Tenements adjoyning to the Street viz. So much of the said Street in length as his House Lands and Tenements so adjoyning extendeth unto and in breadth during all the said length to the Channel or to such place as the Channel there shall be appointed by the Bailiffs upon pain to forfeit for every Yard square not sufficiently repaired and amended eight pence to go to the use Forfeitures how to be disposed of the Town towards the amendment of the Haven there and Streets adjoyning to any Church or Church-yard to be paved and repaired at the Charges of the Parishioners to be indifferently rated by the twelve Headboroughs or the major-part of them and the Bailiffs once every quarter of a year to enquire of Defaults by the the Oaths of twelve Headboroughs and upon presentment to
and the general Custom hath been to exâ—use them and it is a Rule in Law â—ptimus Interpres Legum consuetudo Custom is the Laws best Interpreter And where the penning of a Statute Vaugh. Rep. f. 169 〈◊〉 dubious long usage is a just Meâ—ium to expound it for jus noâ—â—a lequendi is governed by usage and the meaning of things spoken or written must be as it hath constantly been â—eceived to be by common acceptation by all which it appears that Ministers But they are â—â—able to pay their proportion of Assessments made for the repairing of High-ways should be excused from the common or publick days works apâ—ointed for the amendment of High-ways in respect of their Church Livings only for if they hire or â—arm any Lands and keep a Draught to mannage those Lands I presume they are chargeable to send to the 〈◊〉 pairing and amending the High-wâ—â— for those Lands they so farm CHAP. V. How Trees Hedges and Bushes 〈◊〉 in or adjoyning to High-wâ—â— are to be ordered and to whom 〈◊〉 Freehold of High-ways belongs 〈◊〉 who shall have the Trees 〈◊〉 therein when they are cut 〈◊〉 and about scowring Dikes and 〈◊〉 and making of Trenches 〈◊〉 what Forfeitures for defaults 〈◊〉 neglects and how to be levied 〈◊〉 disposed of and what breaâ— High-ways and Causeys in them 〈◊〉 to be IT is provided by the Statute 13 F. 1. St. 2. Winchest ch 5. Wing Robberies sect 7. St. at large f. 49. Poult High-ways 18. Dalt J. P ch 50. f. 98. Keb. St. f. 53. Winchester That High-ways 〈◊〉 from one Market-Town to 〈◊〉 other shall be enlarged two 〈◊〉 Feet on either side of the High-wâ—â— so that there be neither Dike 〈◊〉 nor Bush other than Ashes and 〈◊〉 Trees whereby a Man may lurk to 〈◊〉 hurt and if any Robbery be commâ—ted for want of cutting down 〈◊〉 〈◊〉 Underwood and Bushes then 〈◊〉 Lord that ought to cut them down to answer for the Felony and if any 〈◊〉 be done he is to make Fine 〈◊〉 the King and if the Lord be not 〈◊〉 to cut down the Underwoods 〈◊〉 Country shall assist him and in 〈◊〉 Kings Demesne Lands and Woods 〈◊〉 his Forest and without the â—ays shall be enlarged as aforesaid 〈◊〉 where a Park is taken from the â—â—gh-way it ought to be two 〈◊〉 Foot from the High-ways or 〈◊〉 with such a Wall Dike or Hedge 〈◊〉 Offenders may not lurk and have 〈◊〉 and freedom to pass and repass 〈◊〉 do Evil. This Statute hath never been fully The Stat. of Winchester for cutting down Woods c. and clearing the Highways 200 Foot on each side not put in Execution specially within the time of our 〈◊〉 put in Execution for those 〈◊〉 are acquainted with travelling the â—igh-ways and Roads may see in every â—ounty in several places thereof great â—nderwoods adjoyning close to the â—igh-ways where Rogues may and 〈◊〉 lurked and when Robberies have 〈◊〉 committed the Country and not 〈◊〉 Lords have answered for the 〈◊〉 and Parks in many places are 〈◊〉 close to the High-ways not so 〈◊〉 as the Statute requires The Lord of the Leet or 〈◊〉 27 H. 6. f. 8. a. per Cur. 17 E. 3. f. 43. 6 E. 3. Chimin 2. 2 E. 4. f. 9. a. pl. 21. 8 E 4. f. 9. a. pl. 7. 8 H. 7. f. 5. b. pl. 7. Kitch Court Lâ—et printed 1585. p. 48. b. 49. b. 50. b. Rolls Cases 1 part f. 392. B. 5. 10. who hath the Land on both sides an High-way shall have the 〈◊〉 growing in the said Way and where the High-way is over the 〈◊〉 Waste for the King hath but the 〈◊〉 passage for him and his people 〈◊〉 the Freehold and all the Profits are 〈◊〉 the Lord of the Soil as Trees 〈◊〉 c. and he may have an Action 〈◊〉 the Trees taken away or eating 〈◊〉 Grass or digging the Soil c. 〈◊〉 I have known an Action of 〈◊〉 brought for eating the Grass 〈◊〉 in an High-way and although it 〈◊〉 accustomable for Salters and Colliers 〈◊〉 their Horses and eat the 〈◊〉 growing in the High-ways yet 〈◊〉 are Trespassers in so doing And generally the Owner of 〈◊〉 2 E. 4. f. 9. a. pl. 21. per Littl. 8 H. 7. f. 5. b. pl. 2. 18 El. B. R. per Curiam Rolls Cases 1 p. f. 392. B. 10 Kitch Court Leer c. printed 1985. p. 48. b. Soil on both sides of the 〈◊〉 shall have the Trees growing in 〈◊〉 High-way but he who hath the 〈◊〉 but adjoyning on one side of 〈◊〉 High-way shall not have the 〈◊〉 growing upon that moiety of the High-way The Lord of a Rape within whicâ— Pas 11 Jâ—c 1. B. R. Inter Sir Thomas Pelham quer and Wiat and Pack defen Rolls Cases 1 p. f. 392. B. 15. 20 there are ten Hundreds may 〈◊〉 to have all the Trees growing in 〈◊〉 High-way within that Rape althougâ— the Mannor or Soil adjoyning be another 〈◊〉 for usage of taking the Trees is 〈◊〉 good Badge of Ownership The Statute of 5 Eliz. provides 5 El. ch 13. Stat. at large f 443 Poult High-ways 7 8. Keb. f. 802. sect 7 8. Lamb. p. 475. Dalt J. P. f. 100. Bond p. 111. â—hat all Heyes Fences Dikes and 〈◊〉 next adjoyning on either side 〈◊〉 any high or common fairing way 〈◊〉 from time to time be diked 〈◊〉 repaired and kept low and 〈◊〉 Trees and Bushes growing in the â—igh-ways cut down by the Owner 〈◊〉 Owners of the Ground or Sâ—il â—hich shall be inclosed with the said 〈◊〉 Fences Dikes or Hedges aforeâ—â—id whereby the said Ways may be 〈◊〉 and the people have more ready Wing High-vvays sect 15. 〈◊〉 easie passage in the same here is 〈◊〉 penalty set down but the Superâ—isors within one month after Default 〈◊〉 Offence made done or committed 〈◊〉 any person or persons contrary to his present Act shall present it to the â—ext Justice of the Peace on pain of 〈◊〉 shillings and the Justice on pain â—f five pounds Mr. Keble saith a The Book of the Statutes at large printed 1587. f. 444. saith 5 â— Wing ubi suprâ— saith also 5 â— â—undred pounds but I suppose its a 〈◊〉 is to certifie the said 〈◊〉 at the next general Sessions and 〈◊〉 Justices at the Quarter Sessions â—r any two of them whereof one to 〈◊〉 of the Quorum are to assess Fines for such Defaults But here being mention made how the 〈◊〉 forty shillings Fine shall be levied 〈◊〉 paid few Presentments were in 〈◊〉 Cases made and so the Statute waâ— little effect as to these particulars To supply the defects of this 〈◊〉 18 El. ch 10 Stat. at large f. 609 610. Keb. Stat. f. â—59 sect 5. another Act of Parliament made in the eighteenth year of 〈◊〉 Elizabeth and there is it 〈◊〉 That all and every person and 〈◊〉 that shall not repair ditch or 〈◊〉 any Heyes Fences Ditches or 〈◊〉 adjoyning to any High-way or 〈◊〉 By 5
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
the University and City and do their Carriages and Labours by the space of six days between the Feast of St. John Baptist and the Feast of All-Saints upon twelve days warning given or sent in writing to the Vice-Chancellor and Mayor or either of them to the Constable or other Officer of the Place that ought to serve and every Person making default doth for every days default or any part thereof forfeit five shillings to be levied and imployed for the amendment of the said Bridges and Cawseys and the Persons making default and making no reasonable composition for the same then the Vice-Chancellor and the Mayor or other their Officers to distrain and keep and detain the distress till the Forfeitures and Charges of keeping the distress be paid But by the Statute of 35 El. ch 7. Keb St. f. 913. sect â—â— 35 Eliz. this last Article was altered and it is provided that no Person or Housholder living within five miles of Oxford and not having in possession a Yard-Land shall be chargeable with any thing towards the amending the said Bridges and High-ways and that Every Yard-Land to pay four pence and none else chargeable such as have a Yard-Land or more in possession lying within the said compass shall pay yearly the Sum of four pence for every Yard-Land before the Feast of Pentecost to the Vice-Chancellor and Mayor or their Deputy or Deputies towards the amending of the said Bridges and High-ways and no other Penalty with like Remedy by distress for the same being due and not paid as is limited and appointed by the other Statute of 18 Eliz. chap. 20. Note That Virgata Terrae or a Co. Lit. f. 5. a. 69. a. Terms of the Law and Blounts Law Dict. verb. Yard-Land and Lamb. Exposition of Words Yard-Land called by the Saxons Girdland and now the G. is turned to Y. is in some Countries ten Acres in some fifteen in some twenty in some twenty four in some thirty and in others forty Acres and so doth not contain any certain quantity of Land but is various according to the Custom of the place where it lies CHAP. XVII The Heads of the two Statutes made in the 18 and 27 Qears of Queen Elizabeth for the maintenance and repair of Rochester-Bridge in the County of Kent THE morrow after the General 18 El. ch 17. Stat. at large printed 1587. f. 616 617. Keb. St. f. 863. Quarter-Sessions of the Peace holden next after Easter in Kent the Wardens and Commonalty of the Lands Contributory to Rochester-Bridge or so many of them as can conveniently attend shall for ever assemble at the Castle of Rochester near the Bridge and there elect by the most Voices two Persons of the same Commonalty such as are House-keepers and commonly resident within the County of Kent and are healthful and can attend the Office to be Wardens of the said Bridge and twelve Persons of the said Commonalty to be Assistants to the Wardens for one whole year after the Feast of Pentecost then next following at which said Elections Absence of House holders at the Election of the Wardens forfeit 10 s. a piece 27 El. ch 25. Stat. at large f. 723. Keb. f. 890. of Wardens and Assistants two Housholders at the least out of every Parish within seven miles of the said Bridge wherein any Contributory Lands lie shall be present to give their Voices at the said Elections and the two Wardens thus chosen shall do their endeavour for that Year to benefit the said Bridge and shall receive the Fines Rents and Revenues of the Lands belonging to the Bridge and of all Contribution Mony payable to the use of the same Bridge and shall answer and pay out of the same as cause shall require and the new Wardens so New Wardens bound to the former Wardens to make account and elected Wardens being absent to have notice sent in writing chosen if then present shall be bound to the former Wardens to make account of all Receipts and payment of Arrearages found upon the same and if any who is chosen Warden shall be absent at the time of Election then notice shall be given by Letter sent by one or both of the former Wardens and delivered at the Dwelling-house of such absent Person elected on pain of five pounds and every such absent Person so elected before the Feast of Pentecost then next following before the Custos Rotulorum of that County or two Justices of the Peace of the same County one to be of the Quorum shall become bound to render Account and pay of Arrearages as Forfeiture of Warden refusine to be bound and how choice is to be made of another in such case aforesaid and every Warden elected as aforesaid refusing to become bound to forfeit ten pounds to be recovered by the former Wardens in an Action of Debt for the use of the Bridge and if any refuse to stand notwithstanding the Fine or being elected and bound dies before the end of the Year then at the Quarter-Sessions of the County to be held in convenient time next after such death or refusal and before the said presixed day of Election a new one of the Commonalty qualified as aforesaid shall be chosen by the said Justices at the Sessions and by the other Warden and twelve Assistants or major-part of them present at the Sessions to serve to the end of that Year who at a convenient time to be then prefixed shall become bound as aforesaid under the pain above limited and at the Election of new Wardens and Assistants all other Officers concerning the said Bridge and their Stipends shall be appointed by the said two elected Wardens and the old Wardens Old Wardens every year to account upon Oath in the presence of the nevv Wardens shall every Year account upon Oath on Thursday in Whitsun-Week in the presence of the new Wardens or of one of them and such four of the Assistants as are assigned to be Auditors in the House called Crown-Inn in Rochester or at some other place appointed and none of the Assistants or Auditors so assigned to be absent at the Account on pain of ten pounds the Wardens and Assistants Wardens and Assistants to consent to and subscribe Leases of the Bridges Lands and for vvhat Term. or major-part of them are to consent to and subscribe to all Leases made of the Bridges Land which Leases shall be made but of such effect as Tenant in Tail may do by the Statute of 32 H. 8. chap. 8. save Leases of Houses not having three Acres of Land belonging to them which may be made for fifty Years and every seven Years shall be made a Terrer of the Lands leased and When Ovvners or Tenants of contributary Lands may be Taxed 18 El. ch 17. Stat. at large printed 1587. f. 617. Keb. Stat. f. 863. Owners Tenants of Lands contributary to the maintenance of the said Bridge shall not be assessed to
pay towards the maintainance thereof but only when the Rents and Profits of the Lands belonging to the same be not sufficient and then in such 27 El. ch 15. Stat. at large f. 722. Keb Stat. f. 890. case the two Wardens and more part of the twelve Assistants shall Tax all the contributary Lands Rating every Parish where those Lands be proportionably at such Sums of Mony to be paid as by the said Wardens c. shall be appointed in writing under their Hands and Seals for which Mony any persons by them appointed may distrain and sell the Distress rendring the overplus if any be to the Owners of such Distress CHAP. XVIII An Account of the Statutes of the 39 and 43 Eliz. made for repairing and maintaining the Bridges at Wilton upon Wye in the County of Hereford and Edon and Prestberk Bridges in Cumberland BY the Statute of the 39 Eliz. 39 El. chap. 24. Keb. Stat. f. 933. Bridges Rast 8. the Inhabitants of the County of Hereford were to build a Bridge at Wilton upon Wye near the Town of Ross and every laden Cart Carr or Wayn driven over the said Bridge What Pontage or Toll to bae paid shall pay two pence and every Horse loaden with a Pack one peny and every ten Sheep and under twenty two pence and every twenty Sheep three pence and every five Beasts or above and under twenty two pence and every twenty Beasts six pence and so proportionably according to that Rate to be taken as Pontage and two Burgesses of the Town of Four Collectors to be appointed Ross and two Free-holders of the County of Hereford to be yearly chosen Collectors of the said Pontage to whom or to their Deputies it shall be lawful to distrain and impound any persons Sheep Beasts c. refusing to pay the said Pontage And the Collectors Ten pounds per Annum to be pâ—id to Charles Bridges and his Heirs shall yearly pay to Charles Bridges his Heirs or Assigns upon whose Lands the Bridge was ordered to be built ten pounds at the Feast of St. Michael and the said Collectors Collectors to Account yearly shall yearly make account of the Profits of the said Pontage and a provision in the Act to discharge them and their Heirs that do yearly pay Corn to the Keepers of the passing there for their Pontage The County of Cumberland shall 43 El. chap. 16. Bridges Rast 9. Keb. Stat. f. 957. stand chargable for erecting maintaining repairing and new making of Edon Bridge and Prestberk Bridge standing over the River of Edon and as often as need shall require and for the assessment raising collecting and imploying of such Works and Sums of Mony from time to Assessment according to 22 H. â— chap. 5. time as shall be needful for the Building and Repairing of these Bridges and such form and order shall be observed in all things by and through the said County as is appointed by the Statute 22 H. 8. cap. 5. ordained for the repair of Bridges but the Inhabitants of the Lordship of Milham Inhabitants of Milham not chargeable shall not be chargeable with any Contribution thereunto CHAP. XIX How Chepstow Bridge standing between the Counties of Gloucester and Monmouth is to be repaired and maintained THE Counties of Gloucester and 3 Jac. 1. chap. 23. Keb. Stat. f. 1119. Bridges Rast 10. Monmouth shall for ever maintain and repair Chepstow Bridge over the River Wye viz. the County oâ— Gloucester from the midst of the said Bridge for that part or moiety thaâ— lyeth on that side unto the Lordship of Tyddenham and the County of Monmouth from the midst thereof for that part or moiety that lyeth on that side unto the Lordship of Justices to Tax Inhabitants appoint Collectors and Surveyors Keb. ibid f. 102â— sect 4. Chepstow any four of the Justices of Peace one to be of the Quorum respectively in either of the said Counties to Tax all the Inhabitants of the said Counties as well within Liberties as without at such Sum as they think reasonable and fit and to cause the Names and Sums of every particular person to be writ severally in Rolls indented and to appoint Collectors of every Hundred of either of the said Counties severally within the limits of their Authorities which Collectors receiving several parts of the said Rolls under the Hands and Seals of the said Justices are by vertue thereof to collect and receive all Collectors to distrain for non-payment and pay money to Surveyors Keb. ubi supra the particular Sums of Mony therein contained and to distrain upon such as refuse and to sell the Distress and retain and receive all the Mony Taxed rendring the overplus if any be to the Owner and the said Justices are to appoint four Surveyors for the said Bridge two for each County to whom the Collectors shall pay the Monies by them levied and Collected to be imployed for the repairing of the said Bridge and shall make indented Rolls to be Subscribed interchangably between them and the Surveyors mentioning the time and payment and to make account when required to the said Justices Collectors and Surveyors to account to the Justices Keb. ubi supra respectively in either of the said Counties wherein they are appointed Collectors or Surveyors how the Mony is expended And upon refusal to account or to pay without delay for the uses aforesaid such part thereof as shall be found in their Hands to such person or persons as the said Justices respectively in either of the said Counties at their quarter-Quarter-Sessions shall nominate and appoint then the said Justices may make process Process to be made out against Surveyors and Collectors for not accounting or not paying Keb. ibid. f. 1021. sect 4. against them and their Executors and Administrators by Attachment or Capias under their Seals retornable at their General Sessions of the Peace and if they appear to compel them to account and pay and upon refusal to commit them to Prison there to remain without Bail till they perform and the said Justices of the said Counties respectively are to take care that one part of all the several Rolls containing all Taxations be kept amongst the Records of the Sessions that it may always appear how much mony is Taxed c. â—nd the Justices after request made Justices penalty for neglect Keb. ubi supra sect 5. 〈◊〉 any two Inhabitants of the County where they are Justices shall forfeit â—orty shillings a piece for every monthâ—y negligence or default by them committed in not taking order as the Act directs for reparation of the Bridge from time to time All Forfeitures Forfeitures â—oâ— to be recovered Keb. ibid. f. 1022. sect 8. to be recovered in any of the Kings Courts of Record by Action of Debt Bill Plaint or Information and after recovery to be divided into four parts one part to the use of the party that shall sue and the other three parts towards the repair of the Bridge CHAP. XX. Cardiff Newport and Carlion Bridgâ— in Wales how to be repaired THE County of Glamorgan iâ— 23 Eliz. chap. 11. Bridges Rast 5. Statutesat large Printed 1587. â— â—â—1 162 163. Keb. Stat. f. 852. South Wales and the Towâ— of Cardiff therein standing near unto the River of Toff shall jointlâ— proceed together to the Re-edifying the Bridge there viz. the Countâ— shall always bestow five parts of the Charges and the Town of Cardiff one part and so for every five pounds payable by the County the Town of Cardiff and Liberties shall be charged with twenty shillings and from time to time for the maintaining the said Bridge shall defray all such Charges as shall be necessary in like proportion and two Justices of the Justices of Peace to Assess and appoint persons to Collect and Levy Keb. ubi supra Peace one of the Quorum shall Assess the Places and Inhabitants within their several Jurisdictions and appoint persons to gather the same who may distrain for the same and sell the Distress according to the Statute 22 H. 8. chap. 5. and upon refusal or opposition imprisonment till they â—onform to abide the Order of the â—ustices The Inhabitants of the County of 39 Eliz. chap. 23. Bridges Raâ—â— 7. Keb. ibid. f. 933. Monmouth shall stand chargeable for the making and repairing of Newâ—rt and Carlion Bridges over the River of Uske as need shall require â—nd such Order shall be observed for the assessment gathering and imploying of the Mony thereupon to be spent as is appointed by the Statute of 22 H. 8. chap. 5. But no Town Corporate shall be chargeable to be contributary thereunto which is bound by any Law to make or repair any Bridge over any main River FINIS