in Rates according to the Rules and Methods prescribed in 43 Eliz. Chap. 2 for the Relief of the Poor which Act directs the Tax to be laid on each individual Inhabitant as Parson Vicar and others and every Occupier of House or Land Tyths Impropriate Impropria ions of Tyths Colomnies or Salable under Woods in the said Parish so to be Râ—ted and the Rate so allowed and setled by the Justices in their said Sessions shall be gathered and collected by the Surveyor or Surveyors of the Highways and if any one refuses to pay the Money according to the Rate assessed it is lawful for the Surveyors to levy it by Distress and Sale of Goods and Chattels of the Person 's so refusing reserving reasonable Charges for making the said Distress and rendring the Overplus to the Owner if any there be By the 3 and 4 of William and Mary is farther provided That whereas the Fines imposed and set on the Presentment of a Justice of the Peace and other Fines and Issues for not repairing the Highways being oftentimes returned into the Court of Exchequer and other Courts and so levyed upon some particular Inhabitants and no Provision made to reimburse them now on the contrary Fine Issue Penalty or Forfeiture shall not for the future be returned into any of the said Courts but be levyed and put into the hands of the Surveyors to be applyed towards the Repair of the said Highways and if it be hereafter levyed on one or more of the Inhabitants his or their Complaint for Redress lies 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 as before set down for the reimbursing the Surveyors of their Money laid out for the Repair of the Highways or of such Inhabitant or Inhabitants as the Money shall be levyed upon which Rate so made and confirmed shall be collected by the Surveyor or Surveyors and he or they within a Month next after the making and confirming the Rate must pay unto the Inhabitant or Inhabitants such Money so levyed on him or them as before recited CHAP. LXXXIII Several Matters relating to Justices of Assize and Justices in their Sessions of Peace concerning Surveyors with Law Matters relating to them JUstices of the Assize and Oyer and Terminer Justices of the Peace in their Sessions and Stewards of Leets on Law-days may hear and determine Offences against the Statute of the 18 Eliz. and the Surveyors who are to Levy the Penalties and Forfeitures of that Statute and the Constables and Churchwardens who are in default of the Surveyors to Levy the same are to yield up their Accounts to them as appointed in 2 and 3 Phil. and Mary Chap. 8. and 5 Eliz. Chap. 13. All defects of Repairs of Causeways Highways Pavements or Bridges shall be presented in the County where they lye and not elsewhere and that no such Presentment or Indictment shall be removed by Certiorari into the Kings-Bench or otherwise out of the said County till such Presentment or Indictment be first traversed and Judgment thereupon given 22 Caroli 2. Chap. 12. And no Indictment or Presentment or Order by Virtue of the Statute of 3 and 4 W. and M. is to be removed out of the County unto any other Court relating to Highways c. but are to be determined in the County where the same doth lye and not elsewhere All Actions against any Person or Persons for any thing done by means of the Act of 22 Caroli 2. for Repairing the Highways shall be laid in the proper County where the Fact was done and not elsewhere and to it the Defendant may plead the General Issue and if there be a Verdict for the Defendant or the Plaintiff be Non-suited or discontinue his Action the Defendant shall recover treble Cost sustained by reason of such Action or Suit and by the 3 and 4 of W. and M. in such Cases the Defendant may plead the General Issue and give the Special Matter in Evidence and if the Plaintiff be Non-suited or forbear prosecution or a Verdict pass against him or her the Defendant or Defendants shall recover double Costs Trustees of Lands given to the use of maintaining Pavements Causways Highways and Bridges are obliged to Let them to Farm at the mâ—st improved Rent without any Fine and the Justices of the Peace in their open Sessions may order the improvement and imployment of such Lands or the profits arising thereby other than 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 it appear to them the persons have been faulty or negligent in the performance of their Trust 22 Caroli 2. Chap. 12. Kebles Statutes Folio 1394 Sect. 2. Wingates Highways Section 32. CHAP. LXXXIV Directions to Surveyors in case of Rescues upon Seizure and what relates as to Penalties concerning Wains or Carriages on the Road. IF any person or persons shall resist or make forcible Opposition against any of the persons employed in the due Execution of the Acts of Parliament 2 and 3 P. and M. 5 and 18 Eliz. 22 Caroli 2. made for the more effectual Amendment of the Highways or shall Rescue any Goods or Cattel taken in Distress by virtue thereof being convicted by the Oath of one credible Witness before any one Justice of the Peace or by the view of the Justice himself for every such Offence the Offender shall forfeit 40 s. and if not paid in seven days the Party to be committed to the County Goal where the Offence was committed to remain till paid and this is to be delivered to the Surveyor or Surveyors of the Highways in the Parish where the Offence was committed and imployed for the amending the said Ways 22 Car. 2. Chap. 12. All Travelling Wains Carts or Carriages by way of common Carriage are not to go with a Team on the publick Highways with above Five Beasts at length and if they shall Drive with a greater number of Horses or Oxen they shall all Draw in Pairs that is two a Breast for such number as they shall use except one Horse And in defect of this the Offender or Owner of the Waggon Carriage c. forfeits 40 s. one third part to the Surveyors of the Highway of the Town Village or Hamlet where the Offence shall be committed another third to the Overseers of the Poor and another to the Informer and this to be imposed on the Offender by any one Justice of the Peace of the place or Division where the Offence is committed upon the Oath of one credible Witness or upon the Justices own view and to be levyed by the High Constable or other Officer of such place or Division by Warrant And a Surveyor seeing and suffering Waggons or Carts to pass with more Horses c.
Common-pleas by the Defendant Gâ—atisâ— where the Attatchment was before the Suit in the Common pleas the Defendant was sent back again to prison in London But where upon a Capias out of the Common-pleas and a Nihil Returned the Defendant is Arrested in an inferiour Court coming to this Court he shall have the Priviledge of his Court because it is an Arrest of his Body N. 20. Hen. 6.3 P. 1. ☞ Note the Defendant shall not be Attatched by such Goods as he carrieth with him to disburse upon his Suits which he hath here although it be more than he need to disburse But he shall have Priviledge for them so that they shall not be Attatched after a Suit Commenced in the Common-pleas against him although he cometh unto London in a Vacation for the Defence of his Suit here And this may suffice in this small Book to give the Reader an insight relating to these kind of Attatchments for further Instructions see in the Compleat Solicitor in Mayor and Sheriffs Courts c. CHAP. XL. Some Matters relating to Orphans in London By the Custom of the City of London the Lord Mayor and Aldermen of the City shall have the Custody of all Orphans within the City and they may commit the Custody of such Orphans to their Guardians and if an Orphan be taken away from any other Man c. to whose Custody he is committed he shall have a Writ of Ravishment of Ward so that in this case the Court doth in some wise resemble the Court of Wards Likewise the Lord-mayor and Chamberlain of the City of London for the time being shall have the keeping of all the Lands and Goods of Orphans within the City saving to the King and other Lords their Right of such as hold of them out of the same Liberty Executors and Administrators are to exibit true Inventories before the Lord-mayor and Aldermen and give Security to the Chamberlain for the time being by Recognizance and upon refusal so to do the Court may commit them to Prison till they shall do it And all such Recognizances or Bonds made to the Chamberlain concerning Orphans shall go to him and his Successors the Chamberlain of the City being a sole Corporation for Orphans If the Ecclesiastical Court doth impugne the Custom of the Court of Orphans and if any Orphan sue in the Ecclesiastical Court or elsewhere for a Legacy or any Duty due to them the Court of Orphans may by Custom grant a Prohibition Coke Institut 4. Part Folio 249. Also by the Custom of London if a Father advance any of his Children with any part of his Goods that shall bar them to demand any further unless the said Father under his Hand or by his last Will and Testament doth declare that it was but in part of Advancement and then that Child so partly advanced shall put his part so received in Hotch-potch with the Executors and Widow and have a full third part of the whole accounting that which was formerly given him as a part thereof and this the Civil Law calls Collatio Bonorum CHAP. XXXVI Of the Court of Common-Council for London c. THis dignified Court is held by the Lord Mayor Aldermen and Commonalty resembling the High Court of Parliament and consists of two Houses viz. The Lord Mayor and Aldermen being of the upper House and such as are chosen in every Ward out of the Commonalty Constitute the lower House of Commons and represent the whole Commonalty of the City of London Here they make Acts for the better Government of the City and for the better Execution of the Laws and Statutes of the Kingdom for the publick Good and for the better Advancement of Trade and Traffick so as these Laws be not Contradictory to Laws and Statutes of the Kingdom and these Acts of Common-Council so made are binding within the City of London and the Liberty thereof carrying with them the Force of Laws c. Of the Court of Wardmoot Inquest in London This Court resembles the Court of Leets every Ward being as a Hundred and the Parishes as Towns and in every Ward there is an Inquest of twelve Men or more Sworn every Year to enquire of and present Nusances and other Offences within their Ward c. The Chamberlain's Court for Apprentices Before the Chamberlain of London all Indentures of Apprentices are or ought to be Enroll'd and if they be not Enroll'd the Apprentice may Sue out his Indenture at his Discretion in this Court and so be discharged from his Master and the Chamberlain is the Judge in all Complaints either of Masters against their Servants or Servants against their Masters and to Punish the Offenders at his Discretion and in this Court are all Apprentices made Free and to be made Free there are three several ways viz. 1. By Service as an Apprentice 2. By Adoption or Birth-right as being the Son of a Free-man And 3. By Redemption by the Order of the Court of Aldermen Briefly of the Court of Conservator and of the Water of the River of Thames The Lord Mayor for the time being is the Conservator or Governor and hath the Rule and Government of the Water of the River of Thames its Issues Breaches and Land-over-flowings from Stanes-bridge to the Water of Yeudale and Medway and hath Authority touching the Correction and Punishment of such as use unlawful Nets and Engins in fishing or do take Fish under size or unseasonably c. 4 Hen. 7. Chap. 15. and in all Commissions touching the Waters of Lee the Lord Mayor of London is to be one 3 Jacobi 1 Chap. 14. And this in brief may suffice to give a light in these necessary matters to be known by all Citizens and others whom they may in any case concern CHAP. XLII The Antiquity of a Constable his Oath and other things concerning his Office c. THE Office and Duty of a High Constable Petty Constable Head-burrough Tithing Man c. in the discharge of them any weighty Affairs that they are obliged to undertake with safe Directions how to act on the several Occasions The Office of Constable is very ancient for no sooner had King Alfred given the Danes many fatal Overthrows and forced them to retire to their own Country but for the better Ordering his Kingdom he divided it into Shires and other Subdivision as Tythings Rapes Waping-takes Ridings Leets Boroughs c. That proper Officers being appointed in each County and Subdivision the Civil Government might not only be well administred but the People quickly gathered and brought to the Field in order to quell any Insurrections and Invaders and this proved so effectual for the preventing of Robberies that Historians of good Account tell us the Roads were so well guarded that Gold Bracelets Saddles and other things of Value were fastned to Pillars in Cross Ways and rarely any one was so hardy as to take them thence This King began his Reign Anno Dom. 872. And ended
in this there are excepted or exempted Cases for suppose a Man and his Ancestors and all those whose Estates he hath in his possession in certain Messuages have time out of Mind continued to repair an Isle or Pew or fit there this alters the Case and the Ordinary cannot meddle nor displace for if he do a prohibition lies for by prescription he hath and enjoys it for a reasonable Consideration But if there be no Care taken to repair such a Pew by the party claiming by prescription and it run to ruin the Ordinary may take it into his hands yet he hath nothing to do in this Case in exempted Chappels belonging to Noble-men The Churchwardens beside the looking after the Books and other Necessaries and Ornaments of the Church to see them kept in good Order are to provide Bread and Wine for the Sacrament proportionable to the number of the Communicants and a parish Rate may be made for supplying this and other Necessaries The Churchwardens and Questmen are likewise to see that in every meeting of the Congregation the Peace and a due Decorum be kept Also to put out of the Church such as are Excommunicated In case of making a Rate for the defraying of Charges it must be done by the Churchwardens with the Consent and Assent of the major part of the Parishioners House-keepers of which they are to have convenient Notice before such time appointed for the said Meeting to fix and settle such Rates Now if upon the setting upon these Rates a Man dwell in one Parish and have Land in another which he occupies there he lies chargeable for his Lands so occupied in the Parish where his Land lies but if he Lease out the Land he hath in another Parish reserving Rent then is he not to be charged for his Lands there because there is a Parishioner and Inhabitant liable to be charged elsewhere Co. 5. Report Folio 57. No person keeping a Stall in a Market and not being an Inhabitant of the parish where that Market is kept can be rated toward the Reparation of the Church but if a Citizen build a House in an Out-parish and partly live there and partly in the City not having any Land to lease out or occupy in the Parish where his Country House stands he is however as an Inhabitant liable to the Church Rate and no prohibition lies in this Case in the Court Christian because the Jurisdiction of the thing is not in their power tho' he be rated more than they that have 50 or 100 Acres of Land in that parish If there be in a Parish a Chappel of Ease and one part of the parish time out of Mind is wont to repair it hear Service and have a Custom to Marry in it and all other other Rites except burying their Dead at the parish Church they are however liable to be rated for repairing the Mother Church Mich. 13 Jacobi 1 C. B. Where only part of the Parishioners are rated and for defect of payment sued in the Ecclesiastical Court the matter must be pleaded in this Court for in this Case a Prohibition will not lie and if the Majority of the Parishioners agree to encrease the number of Bells or Ornaments of the Church it is binding to the rest and they are liable to the Rates that shall be made tho' not consenting to it and for any Ornaments for the Church they ought to be rated only for their personal Estates and not for Land c. And among other things it is enacted relating to the City of London that where any Church-yard or Church be fronting or adjoyning to any of the Streets Lanes or Passages mentioned in the said Act the persons thereby appointed and authorized may for the paving the said Streets c. so far as the Church or Church-yard extends assess the Inhabitants of the parish a reasonable Rate to be paid by the Churchwardens of every such parish for the time being who in the behalf of the parish are required by that Act to pay the said Rate 22 23 Caroli 2. Chap. 17. CHAP. LXXI Their Choice of Surveyers giving up their Accounts making Distress Of Forfeitures Presentments and where and where not they may give them in with other things THE Business of the Churchwardens is to be conjunct with the Constables in choosing the Surveyors for the High Ways and appointing proper Days for their Work also in the Oversight of the High Constable to account for Monies levied by way of Forfeitures relating to the High-ways and with the Assistance of two Justices of the Peace one to be of the Quorum oblige the High Constable to account for and pay the Mony so coming to his Hands and to execute the Justices Warrant for Forfeitures and Penalties for not cleansing the Streets or repairing the High-ways 14 Caroli 2. Chap. 2. The Churchwardens taking to them the Assistance of the Overseers of poor have power to execute the Warrants directed in the Woolen Burying Act and levy the Five Pounds Penalty by Distress and Sale of Goods for Non-payment to be employed to the poor of the parish where such Offence is committed 18 Caroli 2. Chap. 4. In London Westminster the Burrough of Southwark c. The Churchwardens together with the Constables Overseers of the poor and Surveyors of the High-way in every parish respectively or a greater number of them are on Munday or Tuesday in Easter Week yearly upon giving publick Notice to call together such other Inhabitants as have born the like Offices to nominate and make choice of two fit persons being Tradesmen of their Parish to be Scavengers for the Lanes and Streets other open passages of each Ward or Division within the said parish to continue for the space of a Year or till others are chosen and setled in their place 2 W. M. At the end of the Year or within one Month after at furthest the Churchwardens are to give up the Account of their Receits and Disbursements before the Minister and Parishioners and upon quitting their Offices to deliver up to the Parishioners such Mony and things as are remaining in their Hands that it may by them be delivered over to the succeeding Churchwardens by Bill Indented Cannon 89. Upon Refusal of this they may at the next Visitation-court be presented for it or an Action of Account may be brought against them at Common-law by the Succeeding Churchwardens to compel them to it and their needful Expences and Disbursements upon the Account and Business of the parish upon making up their Accounts shall be allowed them As for Presentments they are not obliged to make them above once in the Year where by Custom it has been no oftner a use nor in any Diocess whatever above twice a Year unless it be at the Bishop's Visitation and for such presentments of every Parish-church or Chappel the Register of the Court where they are Exhibited is to receive no more than 4 s. a year his so
though they stay after their Work is done and if any return from the Parish from whence they are removed it is in the Power of the Justice of the Peace to send them to the House of Correction where they may be punished as Vagabonds or at his Discretion he may send them to a common Work house there to be employed at hard Labour and upon the Refusal of the Church-wardens or Overseers of the Poor to receive them and provide them Work c they may by the Justice be bound over to answer it at the Sessions or Assize In Case of a Bastard Child Born in any Parish the Churchwardens and Overseers for the Poor may in saving the Parish harmless seize so much Goods Profits or Lands to its use belonging to the Lewd Mother or Reputed Father as will discharge the said Parish or toward the discharging of it from such Charges as may thereby inâ—ur which is to be awarded and settled by two Justices of the Peace and confirmed at the Sessions and there an Order may be made to the Church-wardens and Overseers by Sale or otherways to dispose of the Goods as to them shall seem meet and the Profits or so much of the Profits of their Lands as by Sessions shall be ordered Vide if the Act of 13 and 14 Car. 2. c. 2. be revived No Man is to be put out of his Dwelling in a Town where he is lawfully settled or to be sent to the place of his Birth but a Vagrant Rogue nor to his last Habitation nor is he to be maintained by the Town unless he be impotent but they ought to settle themselves to Labour if they are able and can get Work and if Work cannot be gotten by them the Overseers are to set them on Work and if after they wander begging in other Parishes they may be charged as Vagabonds and sent to the place of Birth Dalt J. P. C. 84. Fol. 209. If a Scholar in a Grammar School or University be suspect to be an Incumbrance if he doth become impotent and is like to be a charge to the Parish where he is he may be sent to his Parents if he have any otherways to the place where he was last Legally settled before he came to School Resol Judges 1633. Sect. 32. If a Woman be sent to the House of Correction and there delivered the Child must be sent to the Parish whence the Mother came and there relieved If a Woman be Travelling and hath her Child with her and is for any Fault or Breach of Statute apprehended and sent to Goal although she be executed for her Crime the Child is not to be charged on the Parish where the Goal is but must be sent to the place where it was Born if it can be known otherways to the place where the Mother was apprehended according to the Opinion of Sir Nicholas Hide 3 Caroli 1. If a Woman unmarried be hired Weekly or Monthly or by the half Year or Year in a Parish and there be gotten with Child and so goeth into another Parish and there for 2 or 3 Months is settled in Service and being then discovered to be with Child in this case she must be settled in the Parish where she is and must not be sent to the Parish where she before was Resol Judges 1633. Sect. 12. If a Woman be delivered of a Bastard Child in one Parish and so departeth into another Parish with her Child in this Case the Child after being Nursed is to be sent to and settled in the place where it was Born and not to remain with the Mother Resol Judges 1633. Sect. 23. CHAP. LXXVIII The Office of the Overseers of the Poor in making Rates and how they must behave themselves therein and of making and delivering up their Accounts upon going out of their Offices c. THE Overseers for the Poor with the Church-wardens or the major part of them for enabling them to perform the things they have in charge may raise weekly or otherways by Taxation of every Parson Vicar and the Occupier of Land House or Tithes Colemines or Underwoods salable within their Parish or Divisions such a Sum as in moderation they shall think fit but the Rate must be allowed and confirmed under the Hands of two Justices one being of the Quorum and then may be levied by Distress and Sale of Goods upon refusal of Payment or neglect by Virtue of a Warrant from any other two Justices one being of the Qu rum rendring the overplus to the Owner and for default of Distress two Justices may commit the Party to remain in Prison without Bail or Mainprize till Payment be made or the Justices think fit to discharge him 43 Eliz. Chap. 2. Dalton â—ust P. Chap. 73. Folio 148. Wingates Stat. Tit. Poor People And these Rates ought to be made according to Mens real and visible Estates within the pla e only and not according to Estates elsewhere and further Observe that a Parish in Reputation is deemed good within this Law For granting G. a Parish â—ery Antient having Officers in it neverâ—heless here is a Town within the Parish that for time out of Mind at least a long time hath been used and reputed as a Parish and hath all parochial Rights as Churchwardens c. in such a Case it may be Rated as a Parish towards the Poor Hutton's Report Folio 93 and others And there must be care taken in Rating and Levying this Tax for it must lye on the Tenants occupying Land c. and not on the Landlord in nor out of the Parish for the first is only chargeable for the Land Bulstrod 1 part Rep. 354. Any Parson having a full Tenth in a Parish may be Raâ—ed a Tenth part Resol Judges 1633. Sect. 33. If any Person occupy Land lying in several Pa ishes he must in this Rate be accountable for them proportionably in the Parishes where they lye but it seems reasonable that for his Personal Estate he should be chargeable in the Parish where he is an Inhabitant In Rating Stock or Goods it is to be Rated according to the proportion of Land Rent as five or six Pounds a Year in Land to be held equal with 100 l. in Goods or Stock In a Parish where the Inhabitants by reason of their own Poverty or fâ—wness are not able to relieve their Poor two Justices one being of the Quorum may by Rate Tax other places and Parishes within the Hundred or all the Hundred if necessity requires it and thâ—s not proving sufficient the Justices in their Sessions may Tax the County in part or wholly if they think fit 43 Eliz. Wingates Abridg. Stat. Tit. Poor People And if any Person find himself agrieved by any Act done by the Justices of the Peace or Overseers they may for Redress apply themselves to the Justices in the Quarter Sessions Dalt Just P. Chap. 73. Folio 160. c. If a Parish shall reach to and lye in two
with the Advice of the Inhabitants or the major part of them upon publick Notice before given are diligently to oversee those that Work on the days appointed for the digging and carrying Gravel and other Materials for mending such Ways where they shall find them defective giving them Directions in order thereto and upon publick Notice or Wa ning the Persons so qualified are to send their Carts and Labourers Every Person having in his own Occupation a Plough-Land in Tillage or Pasture or keeping a Plough or Draught in the same Parish is liable to send according to the Fashion and Custom of the County wherein he resideth or is so legally Charged a Wain or Cart with Oxen or Horses fit for Carriage and Work of this nature attended by two able Men who shall do such Work as shall be by the Surveyors appointed them for the space of days Working 8 hours every such day under the Penalty of forfeiting for every days Default 10 s. and every other Housholder Cotter or Labourer not being a hired Servant shall in Person attend the Service to Work or send an able Man in his stead under Penalty for every days Default to pay 12 d. and all other Persons being no otherways chargeable but Cottages being Subsidy 5 l. in Goods or 40 s. by the Year in Lands or above they must find two able Men to Work in the Service It is in the Discretion of the Surveyors if there be more Carts Wains c. than are necessary to appoint two able Men instead of a Team on forfeiture of 12 d. each in case of Defect And if in 6 days the Ways cannot be conveniently mended as is the usual time they may set a farther time but then they must make Payment for it according to the Rate of the County and if hereupon there be no Agreement the Justice may settle the Rate If Materials be wanting the Surveyors may take the small loose Stones from any Man's Quarry and such Rubbish as he finds there it being near the Road without paying for it but must not dig not take away the great Stones They may dig Gravel and Sand for the like Use near any Highway in other Mens Ground not being their House Yard Orchard or Garden without paying for it the Pit not exceeding 10 Foot in breadth and the like in width which as soon as the Work is over must be covered up and made good at their Charge who caused it to be digg'd or if it be so filled up within the space of one Month they forfeit 5 Marks to be recovered by the Owner by Action of Debt All Owners of Ground adjoining to the High-ways are to keep their Hedges low and upright that the Boughs or Brambles standing out may not hinder or offend Travellers and that so the Sun may shine on the Ways to dry them and such as are negligent in this may be Presented and Indicted and thereupon forfeit 10 s. besides their Charges And in case Ditches are stopped up with Mud or Ouse that should be Drains to the Highway so that the Water lies in it and cannot have a current Passage the Owner of such a Ditch or Water-drain shall forfeit 12 d. for every Rod so neglected to be Scowred by 18 Eliz. Chap. 10. And the Surveyor hath power to make Conveniencies for draining the Highways as Sluces Out-lets of Water c. into any Man's Ditch or Ground for the better and more speedy Conveniency of passing the Road. If any Man upon Cleansing a Ditch cast the Soil into the Road and suffer it to lie there above the space of six Months he is liable to pay 12 d. per Load for as many as shall be adjudged to be there If a Justice of the Peace shall upon his own Knowledge of any Nusance on the Road make a Presentment it stands good and two Justices one being of the Quorum may make the Amercement or Fine to be levyed on the Offender These Officers viz. Surveyors have in their Care all Bridges witnin their several Parishes or Liberties to see they are kept in good Repair from time to time at the Charge of the Parish Hundred or as the Custom has been and is continued and if a Custom has therein ceased for a time it may be revived for in some Cases particular Persons are bound by Tenure of Land c. to repair part or the whole of a Bridge c. without a Parish Charge But to instance these Particulars would be too tedious for my intended Brevity and many times a whole County Iles chargeable to be Rated for the Repair of a Bridge c. CHAP. LXXXII The Office of a Surveyor in draining the Roads making Presentments and in what Case a Justice of Peace may Present how the Surveyor shall be Reimbursed for Moneys laid out for Materials c. A Surveyor may Cause a Water-course or Spring in the Highway within his Parish to be turned into another Man's Ground or his Ditch next adjoining to the said way for the Conveniency of keeping the Road dry as in his Discretion shall seem fitting Dalt Chap. 50. Fol. 103. The Surveyors o any one of them have power to present to the next Justice of the Peace every Default upon the 2 and 3 of Philip and Mary Chap. 8. and 5 Eliz. Chap. 14. within one Month after the Default made on the Penalty of 40 s. and the Justice under Penalty of 5 l. must certify the same at the next Quarter-Sessions where the Bench of Justices have power to enquire of the Default and to set such Fine on the Offender as any two of them one being of the Quorum shall think fit 5 Eliz. Chap. 1â— If any Justice of the Peace present in Sessions upon his own Knowledge it shall be a good Conviction whereupon any two of the Justices the one being of the Quorum may assess a Fine as well as if the Matter had been found on the Verdict of 12 Men But in this Case the Offendor shall be as in other Cases admitted to his Traverse 5 Eliz. Chap. 13. Rast 199. and all such Fines and Forfeitures are to be bestowed and employed towards the mending and bettering of the Highways in the Parish where the Offences are committed Wing Abridg. Stat. Tit. Highways 2 3 P. M. Chap. 8. Where Surveyors have laid out their Money for Materials to mend the Ways where without there were none fitting to be had it is enacted 2 and 3 of William and Mary That upon notice given by the Surveyors of Highways to the Justices of the Peace at their Grand Sessions and Oath made of what Sum or Sums of Money are expended to that Use and Behoof the Justices thereupon or any two of them under their Hands and Seals may cause an equal Rate to be made for the reimbursing the Surveyor or Surveyors the Moneys by them to the Use aforesaid laid out upon all the Inhabitants of such Parish or Township where it was expended