pleasure but for no other Carriage by Cart shall Chimmage be taken noâ— of those that bear upon their Backs Brushment Bark or Coal to sell though they get their Livings by it except they take it in the Kings Demesâ— Woods An High-way in Latin is called via Co. Lit. 56. Dalt J. P. printed 1677. chap. 50. f. 98. vid. Fleta lib. 4. cap. 1. Bract. lib. 4. f. 232. Kitchin Court Leet c. printed 1585. p. 49. b. a vehendo from carrying in respect oâ— the Carriages passing to and fro therein and is defined to be transitus a locâ— ad locum the passage from one placâ— to another And although it be said in the Terms of the Law and by Mr. Blount that there are but two kinds of Ways yet my Lord Cook and others tell us that there are three kinds of Ways As first a Foot-way calleâ— Iter Quod est jus eundi vel ambuland hominis where a Man hath right to go and come and was the first or prime Way The second kind is both a Foot-way and a Horse-way which is called Actus ab agendo and vulgarly is called Pack and Prime-way because it is both a Foot-way which was the first or prime-way and a Pack or Drift-way also sometimes called a Bridleway and then the third kind is Via or Aditus which contains both the other two and also a Cart-way or Carriage-way for this is jus eundi vehendi vehiculum jumentum ducendi A publick way for Cart and Carriage and driving Cattel c. and this Way is two-fold viz. Regia Via the Kings High-way free for all Men and Communis Strata belonging to a City or Town or between Neighbours and Neighbours And Minshaw also out of Vlpian Dalt J. P. printed 1677. chap. 50. f. 98. makes three kinds of Ways Publicam Privatam Vicinalem a Publick-way a Private-way and a way of Vicinage or Neighbour-hood via publica quam Latini Regiam appellant a Publick-way is that called the Kings High-way via vicinalis quae in vicis est vel quae in vicos ducit these Ways of Vicinage are Ways between Street and Street Neighbour and Neighbour House and House in Cities and Towns via privata est quam agrariam dicunt A private way is reckoned to be a Field-way and these ways are of two sorts vel ea quae ad agros ducit per quam omnibus commeare licet either that way which leads into the Fields lawful for all Men to pass and repass go and come in vel ea quae est in Agris cui imposita est servitus it a ut ad Agrum alterius ducat or such a Way as is set out in the Fields to lead to another Mans ground And these private ways also which Terms of the Law and Blounts â—aw Dictionary 〈◊〉 Chimin one or more Men have either by Prescription or Charter through another Mans Grounds are likewise divided into a way in gross and a way appendant Chimin in gross is that way which a Man holds principally and solely in â—â—â—self as if a Man hires a Close or Pasture and hath a Covenant for ingreâ—â— and regress to and from the said Cloâ—â— through the Ground of some other Man through which otherwise 〈◊〉 might not pass this is a way in gross Or a way in gross may be that which the Civilians call personal as wheâ— one Covenants for a way through thâ— Ground of another Man for him and his Heirs And Chimin appendant 〈◊〉 way appendant is that way which a Man hath adjoyned to some other things as appertaining and belonging thereunto and may be that way which the Civilians call Real as where a Man purchaseth a way through the Ground of another Man for such as do or shall dwell in this or that House or that are the Owners of such a Mannor for ever c. And this is a way appendant to the said House or Mannor And it was said by Fairfax a Justice 5 H. 7. f 7. b pl. 15. Kitchin Court Leet c. printed 1585. p. 50. b. Bro. Chimin 14. of the Kings Bench that if a Man have Chimin appendant a way appendant to his Mannor or House that this way cannot be made in gross by Grant because none can have the benefit of such way but he that hath the Mannor or House to which the way is appendant but via Regia the Kings High-way may be made in gross because the Country may have the benefit of it notwithstanding that they have Tr. 10 Car. 1. â— R. per Curiam upon a Tryal at Bar upon an Information against Sir Edward Duncombe Cro. Car. f. 366. pl. 3. Rolls Cases 1 part f. 390. not the Land If there be a Common High-way for all the Kings Subjects which lies in an open Field uninclosed and it hath been used time out of Memory that when the said way hath been foundrous A. 10. 15. Dalt J. P. printed 167â— ch 50. f. 98. Bonâ— Guide for J. P p. 110. and bad that then the People have used to go by Outlets upon the Lands adjoyning in this Case these Outlets are parcel of the way for the Kings Subjects ought to have a good Passage and the good Passage is the Way and not only the beaten Track for if the Lands adjoyning were sown with Corn the Kings Subjects the way being foundrous may go over the Corn. Where a Common High-way hath Cro. Car. ubi supra Rolls Cases 1 par 8. 390. B. 30. 35. 40. 45. Dalt J. P. ubi supra Compleat Justice printed 1681. p. 160. time without memory been used to be repaired by the Country If afterwards J. S. who hath Land not inclosed next adjoyning to the said High-way on both sides thereof and he for his own advantage doth inclose his Land on both sides of the way with an Hedge and Ditch he by this hath taken upon him to repair the said way for the future and hath freed the Country from the Reparation thereof so that at all times afterwards when need requires he must repair it and it is not sufficient for him to make it as good as it was at the time of the Inclosure but he ought to make it a perfect good way without having any respect to the way as it was at the time of the Inclosure for when the way laid in the open Fields not inclosed the Kings Subjects used when the way was bad and foundrous to go for their better passage upon the Fields adjoyning to the way out of the common Track of the way which liberty is taken away by the Inclosure And in Sir Nicholas Staughtons Tr. 22 Car. 2. B. R. Siderf Rep. 1 p. f. 464. pl. 8. Case it was said by the Chief Justice and not denied That if one inclose Land but on one side of the High-way which was anciently inclosed on the other side he which makes such new Inclosure must repair the whole way but if there
were no ancient Inclosure on the other side he shall repair but half of the High-way And by the same reason there if there be a common High-way inclosed and one Man hath the Land adjoyning on one side of the way and another Man hath the Land adjoyning on the other side of the way and each of them incloseth his own Land adjoyning to the said way then in such Case they are to repair the way between them There were three parcels of Land M. 1658. B. 8. in Parker and Welsteads Case Siderâ—ins Rep. 2 p. f. 39. 111 112. vide Tr. 5 Jac. 1. B. R. Clark and Coggâ— Case Cro. â—ac f 170. pl. 10. and the necessary private way was out of the first parcel to the second and out of the first and second parcels to the third parcel and J. S. purchaseth all the three parcels and afterwards Aliens the two first parcels to J. N. And whether this unity of possession in J. S. did not extinguish the way came in question and it was said that if it were a way of necessity and no other way to the third parcel which J. S. still kept that then the way doth still remain for it is not only a private Inconvenience to J. S. but also a prejudice to the Common Wealth for Land to lie fresh and unoccupied And so it was adjudged by the Court. If T. have an ancient way over the Horn and Taylors Case Noys Rep. â— 128. Sheppards Actions upon the Case ch 5. sect 4. cap. 8. Close of H. and H. sowes the Close and Way and leaves a Way in another part of the Close yet T. may justifie to go where the ancient Way is and is not bound to go in the unplow'd Way And so an ancient common High-way Vide Miâ—h 8. Car. 1. B. R. The King against Ward and Lyme Cro. Car. f. 266 267. pl. 16. which hath been time out of memory cannot be inclosed or stopped and another way laid out without a Writ of Ad quod dampnum first sued out to enquire whether or no it be to the damage of the Kings Liege Subjects and to whom c. and an Inquisition returned that it is not to the damage of any of the Kings Liege Subjects for without this or the Kings Licence though the new way be as beneficial and commodious for the People as the old way yet the Party may be presented and indicted that turns such an old way and any that is Jones Rep. f. 222. so minded may abate the Nusance and break it down and go the old way And in this Case without a Writ of Ad quod dampnum the Party may stop the new way again at his pleasure and by this laying out a new way the Subjects have not such Interest therein so as they may justifie their going there nor is it any such way that the Inhabitants are bound to watch there nor are they liable to repair and maintain it The Owner of Land who is not the Hill 2. Car. 1. B. R. Rolls 1 pars ca. f. 390. B. 50. Occupier is not chargeable to the Repairs of Common High-ways but only the Occupier so that the charge is to be upon the Tenant and not upon the Land-lord unless it be covenanted between them to the contrary And this was so agreed by the Court of Kings Bench upon a motion to have a Prohibition to the Marches of Wales upon an Information there preferred in such a Case against the Owner It is provided by the Statute of Marlbridge Marlbr chap. 15. F. N. B. 90. A. Reg. f. 97. b. 183. b. Co. 2 Inst 131. Stat. at large printed 1684. f. 14. Keâ— that no distress shall be taken in the Kings High-way nor in the Common Street but by the Common Law Statutes printed 1684. f. 17. one might have taken a Distress in the Except the King and his Officers having special authority Wingates Distresses sect 11. 17 E. 3. 43. Rolls ca 1. pars f. 671. Kings High-way till it was prohibited by this Statute and this is intended only of Distresses for Rents and Services and not for those things whereof no Distress can be but in the High-way Vide Mich 41 El. B. R. in Smith and Shepheards Case Cro. El. f. 710. pl. 34. 17 E. 3. 1. 43 E. 3. 40. as for Toll c. And in Case 〈◊〉 Distress be taken for Rents and Services in the High-way yet the Party distrained cannot plead it in Bar buâ— Co. Rep. 8. lib. f. 60. b. 11 R 2. Avowry 87. Co. 2. Inst f. 131. must bring his Action upon the Statute And if the Lord comes to distrain Co. Rep. 9. lib. f. 22 a. 44 E. 3. 20. b. 6 R. 2. Resâ—ous 11 H. 7. f. 4. a. pl. 11. 21 H. 7. f. 40. a. pl. 59. Terms of the Law verb. Distress Co. Lit. f. 161. a. Co. 2. Inst f. 131. 2. R. 2. Avowry 182. and seeth the Cattel upon his Tenancy and the Tenant or any other on purpose to prevent the Distress drives the Cattel out of the Ground into other Lands not holden of the Lord or into the High-way in this Case he may freshly follow and distrain them there and is not punishable by this Statute but in both these Cases the Lord when he comes to distrain must have the view of the Cattel within his Fee for iâ— they be driven out before he have thâ— view of them or that the Cattel afteâ— the view go out of themselves or aâ—â— chased and driven out for some other cause and not to prevent the Distress then the Lord may not distrain them iâ— another Mans Land or in the High-way for Rents and Services The Country by the Statute of 13 E. 1. Stat. 2. ch 2. 28 E. 3. ch 11. 27 El. ch 13. Co. Rep. 7. f. lib. f. 7. a. Wingate Abridg. Stat. â—it Robberies sect 5. Statat large printed 1684. f. 52. â—inchester are to take care so to secure their High-ways that people may Travel with safety for if one be robâ—ed the Hundred where he is robbed â—s to make satisfaction and if it be done in the Division of two Hundreds both Hundreds shall be answerable but Dalt J. P. printed 1677. ch 84. f. 215 Bonds Guide for J. P. p 199. Wing-Robberies sect 17. Statutes at large printed 1587. f. 710. Keb. Stat. printed 1684. f. 885. sect 11. â—hen the Party robbed as soon as he can is to give notice of the said Robbery to some of the Inhabitants of â—ome Town Village or Hamlet next adjoyning to the place where the Robbery was committed and must also within twenty days before he bring his A Justice of the Peace in any of the three Ridings in York-shire is within the meaning of this Stature which names only a Justice of the County and so it was resolved Hill 1657. B. S. in Halls Case â—iderf Rep. 1 p. last printed f. 44 45. Action make Oath
f. 103. Poult High-ways 10 11. Wingate High-ways sect 11 Leets are to do and these Estreaâ—â— shall be a sufficient warrant to thâ— Bailiff or High-Constable to levy thâ— â—id Fines by way of distress and if â—o distress can be found or the party â—bstinately refuseth and does not pay â—he Fine within twenty days after demand he or they shall then forfeit â—ouble so much and the Bailiff or High-Constable shall every Year beâ—wixt the first of March and last of April render to the Churchwardens of â—he Parish where the Offence is committed and who have the other part â—f the Estreats an account of the Mony received by him on pain of â—orty shillings and the Churchwardens Pain for not accounting Poult High-ways 10 11. Compl. J. 166 167 Wing ubi supra have power to call the Bailiff or High-Constable to account before two or more Justices of the Peace whereof one of them to be of the Quorum who have power to commit the Bailiff or High-Constable till he have paid â—ll the Monies received by him save â—ight pence in the pound for himself â—nd twelve pence in the pound for the Steward or Clerk of the Peace that made out the Estreats for their Fees which Monies are to be bestowed on Monies how to be bestowed Wing ibid. sect 10 â—he Repair of the High-ways of the Parish where the Offences were committed and the succeeding Church-wardens have the same power of calâ—ing their predecessors to account as they had against the Bailiffs but thâ— Surveyors are now to present the dâ—faults upon this Statute and upoâ— 5 Eliz. 13. and 22 Car. 2. 12. within one month after any default â— And by the Statute 3 and 4 King Wiâ—liam and Queen Mary chap. 12. theâ— are to be presented every four months so see afterwards chap. 7. about Prâ—sentments After the making of the Statute oâ— 18 Eliz. ch 10. 2 and 3 P. and M. some Scruples bâ—ing raised about such Persons as hâ—â— a Plow-land lying in several Parishâ—â— part in one Parish and part in anotheâ— where he should send his Draught anâ— about those who had several Plow-lands how they should be charged and some other Quaeres for resolving of which Doubts and explaining 〈◊〉 the said Act of Parliament it is enacted St. at large f. 609. Keb. f. 859. sect 2. Poult 12. Lamb. 474. Dalt 100. Wing High vvays sect 18. by the Statute 18 Eliz. That eveâ—â— Person except such as dwell in thâ— City of London assessed at five poundâ— in Goods to the Subsidy or wortâ— forty shillings or above in Lands being none of the Parties chargeable foâ— the amendment of High-ways by anâ— former Law but as a Cottager is to find two able Men yearly at the publick or common day-works to labour in the High-ways as by the Statute is Keb. ubi supra sect 3. 4. Poult 13 14. Dalt 99. Bond 110 111. Compl. Just p. 161. Wing ibid. sect 19. appointed And every person or persons occupying a Plow-land in Tillage or Pasture which lies in several Parishes is chargeable only in the Parish where he lives in the same manner as any person is having a Plow-land all in one Parish and he which keeps in his He vvhich keeps a Plovv-land in several Towns to send a Draught tö every Tovvn Wing ubi supra hands or possession several or divers Plow-lands as aforesaid in several or divers Towns shall be chargeable to â—ind in each Town or Parish where the Plow-lands being in his occupation do lie one Cart Wain Tumâ—rel Dung-pot or Court Sleads Cars â—r Drags furnished for the amendment and repair of the High-ways within the several Parishes where the said Plow-lands do lie as if he or they were a Parishioner dwelling there And in such places where there is no Keb. Stat. f. 1359. sect 8. 22 Car. 2. ch 12. Dalt f. 100. Bond 111. Wing High-ways sect 37 use of Cart and Teams for the amendment of High-ways but the usage â—s to carry materials for such amendment upon backs of Horses or by â—ny other kind of Carriages the Inâ—abitants there shall send in such their â—orses as are accustomed to that kind of Labour and such their other Carâ—ages with able persons to work with the same in like manner and under the like penalties as is appointed for Carts and Teams If any fail to make their respective 22 Car. 2. ch 12. Keb. ubi supra sect 9. Dalt f. 102. Bond 111. Wing High-ways sect 38 day labours every year for and towards the repairing the High-ways or neglect to send their respective Carriages Horses and Carts as by Law they are respectively required the Surveyoâ—â— are to make complaint thereof to the next Justices of the Peace who upon Oath thereof made by one Witness may levy by distress and sale of even person sailing or neglecting as aforesaid and not having a reasonable excuse to be allowed by the said Justice that is to say of the Goods anâ— Chattels of every day-labourer one shâ—â—ling and six pence and after that raâ— for every Labourer that is to be seâ—â— in and for every Man and Horse thâ—â— shillings and for every Cart wiâ—â— two Men ten shillings for every râ—spective day they shall make defauâ—â— rendring the overplus to the Owneâ— reasonable Charges being first deducâ—ed which respective penalties so levâ—â— Wing ubi supra shall be imployed for and towards tâ—â— repairing the High-ways in every respective Place and Parish Having shewed how those that oâ—cupy and keep a Plow-land are chargâ—abâ—â— to the repair of High-ways I shall now proceed to shew some Opinions what a Plow-land is and set down some Cases and Resolutions about this matter A plow-Plow-land Hide or Carve of Co. Lit f. 69. 3. Co. Rep. 4. lib. f. 37. b. 9 lib. f. 124. a Dalt f. 104 105. Land being all one as some hold is not of any certain content but so much as one Plow by course of Husbandry may Plow in one year Tanta fundi portio quanta unico per annum coli poterat Aratro and so in some Countries it is more and in some less according to the heaviness or lightness of the Soil and herewith agreeth Mr. Lambart verb. Hide And Sir John In the Reign of King H. 6. Prisot Lord Chief Justice of the Common Pleas saith That a Plow may till more Land in a year in one Country than another and therefore it stands with reason that a Plow-Land should be less in one Country than another Vide in Hill and Granges Case Plo. Com 168. 6 E. 3. 42. 39 H 6. 8 vide 35 H. 6. fâ—l 29. And a plow-Plow-land may contain a Messuage Wood Meadow and Pasture because that by them the Plowmen and the Cattel belonging to the Plow are maintained And venerable Bede calls a Plow-land familiam because it containeth necessary Things for the maintenance of a Family And Crompton in his Jurisd fol. 222. says A
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
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
Westbury and Powel that it had beeâ— adjudged That where the Inhabitanâ—â— of Southwark had by Custom a Watring-place for their Cattel which 〈◊〉 stopped up by Powel that in 〈◊〉 Case any of the Inhabitants of Southwark might have an Action 〈◊〉 otherwise they should be without remedy because such a Nusance is 〈◊〉 presentable in the Leet or Tourn 〈◊〉 note the diversity If an High-way be not repaired 〈◊〉 5 E. 4. f. 2. b. pl. 24. Br. Action sur le Case 93. and Nusance 29. Kitchin Court Leet c. printed 1581. p. 49. a. b. that I am damaged by myring 〈◊〉 Horse I shall not have an Actioâ— on the Case against him that 〈◊〉 to repair it for this is an Action popular and in this Case no single Person shall have an Action but it shalâ— be presented in the Leet or Tourn c. and there punished If a Man lay Clogs of Wood 〈◊〉 Adjudged M. 15 Juc 1. B. R. in Fowier and Sanders Case Cro. Jac. f. 446. pl. 25. Rolls Cases 1 p. f. 88. n. 15 20. and there in the High-way and suffeâ— them to lie there by the space of two months or such other time although a Man with great care and in the day-time may pass safely yet if 〈◊〉 be riding in the Evening in the Wayâ— not perceiving the Clogs and hiâ— Horse stumbles upon them by which he falls and throws his Rider whereby he is wounded or bruised or otherwise damnified here an Action upon the Case lies against him that laid the Clogs in the way although it be before a Mans Door in a Town Gate or Street and that the People time out of mind have used to lay Clogs before their Doors in the Town or Street for their Fewel or Firing for this is a common Nusance and none can prescribe to a Nusance But if A. being seised of a Waste Pas â— Jac. 1. B. R. inter Blyth and Topham adjudged Cro. Jac. f. 158. pl. 11. Rolls Cases 1 p. f. 88. n. 30. adjoyning to an High-way dig a Pit in the Waste within thirty Foot of the said Way and the Mare of B. escapes into the said Waste and falls into the Pit and dies here B. shall not have an Action against A. because the making of the Pit in the Waste and not in the High-way was no wrong to B. for it was his own fault that his Mare escaped into the Waste but Hill 12 Jac. 1 B. R. in Everard and Hopkins Case per Cur. Rolls Cases 1 p. f. 88. n. 35. it is otherwise if a Pit or Ditch be digged in the High-way for there an Action lies if one falls in or if a Mans Servant falls into such a Ditch and is lamed so that his Master for a long time doth lose his Service in such Case the Master may have an Action upon the Case for the loss 〈◊〉 his Service against him that digged 〈◊〉 Ditch If a Gate be set and hung cross 〈◊〉 Pas 6 Car. 1. B. R. Cro. Car. f. 185 185. pl. 3. James Haywards Case Jones Rep. f. 221 222 223. pl. 1. High-way where none hath been 〈◊〉 ancient time though it be fixed and 〈◊〉 that it may be opened and shut 〈◊〉 pleasure so that their Majesties Subjects may pass and repass yet this 〈◊〉 a Nusâ—nce for it is not so free 〈◊〉 easie a passage as if no such Gate had been for Women and old Men 〈◊〉 more troubled with opening of Gatâ— than they should be if there werâ— none and though the usual course 〈◊〉 33 H. 6. f. 26. Finch Law Lib. 3. ch 2. to redress a Nusance by Indictment yet every person may remove the Nusance and pull it down and so it was held by Hide Jones and Whitlockâ— Justices 6 Car. 1. but Judge Croâ—â— was of a contrary Opinion and said If it were a Nusance there should be no Gates for there cannot be a Prescription to a Nusance and the multitude of Gates in several Ways prove that it never was accounted to be a Nusance But to this Jones said That for ancient Gates in High-ways it shall be intended they were by Licence from the King and upon an Ad quod dampnum fued out of Chancery but Crook conceived that could not be for â— stopping c. but notwithstanding is Opinion it was agreed to be a Nuâ—ance and that a Man might justifie 〈◊〉 pull down such a Gate If the Owner of the Land stop my Tr. 13 Jac. 1. B. R. Bolds Case Sheppards Actions upon the Case ch 5. sect 1. The Common Law Epitom p. 52. Way and lease it to another who â—oth not open it but continues the â—usance I may in this Case have an â—ction upon the Case against the â—essee and so if a Nusance be erectâ—d Cro. Jac. f. 201. pl. 10. Sheppards Actions upon the Case ch 5. sect 1 in my time and I devise the Land â—nd it be still continued then the â—evisee may have an Action upon the â—ase for the Continuance is a new â—usance If one have a Way over another Mich. 28 29. Eliz. B R. in Dike and Dunstans Case Godbolts Rep 52â— 53. ca. 65. 〈◊〉 Ground and by rooting of Cartâ—heels the Way is so digged and â—â—owned that they cannot so well use 〈◊〉 as formerly in this Case the party 〈◊〉 the Way cannot justifie to fill 〈◊〉 the Cart-roots and dig a Trench 〈◊〉 let out the Water as it was held in 〈◊〉 and Dunstans Case and it being â—emanded what remedy he should have â—â—stice Shute made Answer and said 〈◊〉 he went that Way before in his 〈◊〉 let him now pluck on his Boots CHAP. XI An Abridgement of the Statute 〈◊〉 22 H. 8. chap. 5. about the 〈◊〉 of Bridges with some Expositioâ— and Cases in Law relating therâ— unto FOUR Justices of the Peace bâ— 22 H. 8. ch 5. Keb. St. at large printed 1684. f. 384 385. sect 1 2 3 9. Poult Abst of the Pâ—nal Stâ—t Tit. Just of Peace sect 70. Lamb. p. 474. Dalt J P. f 44 45. Compl. J. p. 45 46. Bond p. 54 55. Wingate Bridges sect 3. not under that number where one to be of the Quorum in eveâ— Shire Franchise City or Borougâ— have power in the general Sessions 〈◊〉 the Peace to enquire hear and dâ—termine of all manner of Annoyancâ— of Bridges broken in the High-ways and of the High-ways next adjoyâ—ing to either end of the said Bridgâ— by the space of three Hundred 〈◊〉 and shall make Process and Pains upâ—â— every Presentment before them for tâ—â— Reformation of the same against suâ—â— as own to be charged with the Râ—pairs thereof as they think 〈◊〉 for the speedy amendment thereof 〈◊〉 when it cannot be known what Huâ—dred Co. 2 Inst f. 70â— Poult Bridges 1. Wingate Bridges sâ—ct 4. Riding Wapentake City Towâ— or Parish nor what Person or 〈◊〉 Politick ought to repair a Bridge 〈◊〉 Way at the end of it then if the 〈◊〉 〈◊〉 without
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-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
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-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
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-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