Char. II. they shall not make saâ—isfaction for any Robbery committed â—pon Persons travelling upon Sunday â—ut it is at the peril and loss of the Parties travelling if they be robb'd â—pon a Sunday Now having opened the Ways and â—leared the Passage I shall proceed to â—ntroduce the Officers CHAP. II. Who are to be Surveyors of the High-ways and how and by whom to bâ— chosen and when and what Forfeiture for refusing to take the Officâ— upon them and how to be levied anâ— disposed of I Find no mention made in our Lawâ— Rosinus Rom. An. tiq lib. 7. p. 300. Dalt J. P. ch 50. f. 97. of the Surveyors of High-ways 〈◊〉 about one hundred thirty eight yearâ— ago Anno 2 and 3 P. and M. Buâ— Rosinus tells us that the Senate 〈◊〉 Rome in ancient time took great caâ—â— in making and amending of theâ—â— Ways as well within as without thâ— City Maxima saith he prisâ—â— temporibus Senatus diligentia fuit fâ—ciendâ— sarciendisque viis tam infrâ—quam extra Urbem And the caâ—â— of these Ways was first committed 〈◊〉 the two Censors who were called 〈◊〉 Fenest de Magistr Rom. cap. 17. Godwins Rom. Antiq. lib. 3. sect 2. ch 5. a Censendo because they assessed anâ— valued every Mans Estate and tooâ— notice how every Man lived and carried himself and were reputed of thâ— best Rank of Magistrates in Rome But these Magistrates being too much busied with their other Imployment they chose others whom they called quatuor viros viarum curandarum the four Overseers of the High-ways but the number of their ways increasing particular Ways had particular Surveyors appointed who were called curatores viarum which Caesar Augustus made an Ordinary Office to which Office our Surveyors of the High-ways now answer so that this Office hath been of great Antiquity By the Statute of the 2 and 3 of 2 3 P. Mâ—ch â— St at large printed 1587. f. 289. Poulton Abr. Penal St. High-ways 1. Keb. St. printed 1684. f. 740. sect 2. Wingate sect 5. High-ways King Philip and Queen Mary it is â—enacted That the Constables and Church-wardens of every Parish withâ—n this Realm shall yearly upon the Tuesday or Wednesday in Easter Week call together a number of the Parishiâ—â—ners and then elect and chuse two honest Persons of the Parish to be Surveyors and Orderers for one Year of the Works for amendment of â—he High-ways in their Parish leading â—o any Market-Town the which Perâ—ons shall have authority by virtue of â—he said Office to order and direct the Persons and Carriages that shall be appointed for those Works by their disâ—etions and the said Persons so named â—hall take upon them the execution of â—heir said Offices upon pain every of them making default to forfeit twenty But novv by the St of the 3 4 of K. Will. and Q. Mar. the penalty is 5 â— shillings But the Statute of the 22d of King Charles the Second appoints that the 22 Car. 2. ch 12. Keb. ibid. f. 1396. sect 12. Wingate sect 39. High-wâ—ys Surveyors and Orderers of the Work for the amendment of the High-ways within their respective Parishes shall be yearly chosen and nominated by such Persons as by the Act made in the 2 and 3 years of King Philip and Queen Mary is appointed that is 〈◊〉 the Constable and Church-wardens 〈◊〉 every Parish calling together a number of the Parishioners upon somâ— day in the same week that the Feast 〈◊〉 the Birth of our Lord commonly called Christmas shall be which Person so nominated and appointed shall takâ— upon them the said Office upon paiâ— of incurring the Forfeiture mentioneâ— in the other Act of Parliament 〈◊〉 that this Statute of 22 Car. 2. seeâ—â— to repeal that Clause of 2 and 〈◊〉 P. and M. Quoad tempus sed nâ—â— quoad modum as to the time of thâ— Election of these Officers but nâ—â— to the manner and form of theâ—â— choice And now by the Statute of the thiâ— â— 4 K. Will. â— Mar. ch 12. and fourth years of their present Mâ—jesties Reigns King William and Queeâ— Mary which is the Law now to be observed it is enacted That the Constables The time and form of chusing Surveyors according to the Laws now in force Headboroughs Tythingmen Churchwardens Surveyor or Surveyors of the High-ways and Inhabitants in every Parish shall assemble together upon The Constables Surveyors c. of every Town Liberty and Precinct within the Parish are to assemble and make a List and return it or every of them neglecting forfeit 20 s. as appears by another Clause in this Act. See p. 18. the six and twentieth day of December every Year unless that day shall be Sunday and then on the seven and twentieth and the Major-part of them as are so assembled shall make a List of the Names of a competent number of the Inhabitants in their Parish who have an Estate of ten pounds by the Year in Lands Tenements or Hereditaments Who are to be Surveyors and how qualified either in their own Right or their Wives or are worth an hundred pounds in personal Estate or farm thirty pounds by the Year in Houses Lands Tenements or Hereditaments if there be any such or if there be no such Persons in the Parish then they are to make a List of the most sufficient Inhabitants of the said Parish This List thus made must be returned A List to be returned to the J â— at private Sessions and when to be held unto two or more Justices of the Peace in or near the Division of the County in which their Parish lies at a Special Sessions to be held by the said Justices for that purpose within the said Division on the third day of January next following unless it shall happen on a Sunday and then to be the fourth of the same Month or within fifteen days after of the time Notice to be given before the holding of the special Sessions of the time vvhen and place vvhere and the Justices forfeit 5 â— If they neglect to keep such a Sessions or to put this Act in execution and place of holding of which said Special Sessions the Justices must give ten days notice at the least before the holding thereof to the Constables Headboroughs Tythingmen Church-wardens and Surveyors of the High-ways of every Parish within the said Division and then and there the said Justices by Warrant under their Hands Justices of Peace to nominate the Surveyors and Seals shall nominate and appoinâ—â— out of the said Lists one two or moâ—â— at their discretions of such Persons as they think fit being of like sufficiency as aforesaid to be Surveyor oâ— Surveyors of the High-ways of every Parish within the Division or for anâ— Hamlet Precinct Liberty Tything or Town therein for the Year ensuing And the Person or Persons so nominated Persons named to have notice and appointed within six days afteâ— are to be
not within forty days yearly afteâ— the first day of May appoint 〈◊〉 the said Cinder Gravel c. shall bâ— laid or where the Mony due or paiâ— for the same shall be bestowed thâ—â— the same shall be laid where the Suâ—veyors of the High-ways within 〈◊〉 Surveyors in default of the Justice of Peace to assign Places Parish so annoyed shall appoint or 〈◊〉 default thereof pay to them thrâ—â— shillings for every such Load due anâ— uncarried in manner and form 〈◊〉 on pain of ten shillings for every Load of Cinder c. not carried and 〈◊〉 in the High-ways or the three 〈◊〉 unpaid as aforesaid to be paid by such Person as ought to have 〈◊〉 and laid the same or to have 〈◊〉 as aforesaid after Conviction and Presentment thereof had before the 〈◊〉 of Oyer and Terminer or Justices of the Peace in any of their open 〈◊〉 to be levied by distress by any Distresses by whom to be taken Constable Tythingman Headborough 〈◊〉 other Officer thereunto assigned 〈◊〉 Warrant made in open Sessions by 〈◊〉 Clerk of the Peace of the County 〈◊〉 the Offence is committed or 〈◊〉 any two Justices of the Peace one 〈◊〉 be of the Quorum which were 〈◊〉 at the Sessions upon the 〈◊〉 and to be bestowed upon the 〈◊〉 of the High-ways at and by 〈◊〉 discretion of any such Justices of 〈◊〉 Peace living next the places most 〈◊〉 by the said Carriages and no distress can be found or the 〈◊〉 be not paid by the Offender 〈◊〉 twenty days after demand 〈◊〉 by the said Officer appointed 〈◊〉 then upon such denial and 〈◊〉 within twenty days as 〈◊〉 to forfeit double the Sum he should have paid to be levied by such ways as any two Justices of the Peace of the same County where the Offence shall be committed one to be of the Quorum shall be thought most Penalties how to be bestowed meet the same to be likewise imployed upon the amendment of the High-ways and upon default of the Justices assigning where the Cinders c. are to be laid or the forfeiture of Monies to be bestowed then the Surveyors of the High-ways within those Parishes where the greatest Annoyance shall be within twenty days after such default shall assign the place on pain of forty shillings for every default and they are also upon like pain to make demand of the Forfeitures to be paid in default of Carriages according to the Limitation of the Act and to make presentment of every such default of carriage or payment at the next General Quarter-Sessions to be holden for the said County where such defaults shall be upon pain also of fortâ— shillings one moiety to their Majesties and the other to the Informer that wiâ—â— sue for the same in any their Majestieâ— Courts of Record CHAP. XV. The Heads of the Statutes made for paving repairing and maintaining the Streets and Lanes in Cambridge Ipswich and Chichester BY the Statute of 35 H. 8. Bridge-Street 35 H. 8. chap. 15 Cambridge Râ—st 2 St. at large printed 1587. f. 998 999 1000. Keb. St f. 601. Highward-Street the Market-place and all other common Streets and Lanes in Cambridge that then were or had been paved were to be sufficiently paved before Lammas following by Persons holding any Houses Lands Tenements Gardens Yards Orchards Barns Stables Cottages Curtilages or other Grounds or Soils there in Fee-simple Fee-tail Frankalmoign by Divine-Service Term of Life or Years c. in length as far as their Premises reach to the midst of the Street on pain of twelve pence for every Yard square not paved within Which was Lammas 1545. the time and six pence every Yard not kept in repair and Jesus-Lane Blacksriers-Lane with the Ways leading to Barnwell and so through the Town to Sturbridge Harlestone-Lane St. Giles-Lane and the Lane leading from St. Johns to the Water-side and all other common Back-Lanes not then paved nor had been paved to be repaired and amended with Gravel and other things by such Owners and Possessors as aforesaid before the said time on pain of two shillings for every Pole not repaired and twelve pence for every Pole not kept in repair afterwards The Chancellor Enquiry of Defaults to be made twice in the year Vice-Chancellor or Deputy and Mayor and Bailiffs or Deputy with such four Assistants as they think fit two of the University and two of the Town twice in the Year at Easter and Michaelmas or within a month after to make enquiry by the Oaths of twelve Men as well of Scholars Servants as Inhabitants of the Town of all Defaults and to set Fines at discretion those set on the Fines set and imposed how to be 〈◊〉 and disposed of Scholars or Scholars Servants to be gathered by the Bedel for the use of the University and those set on other Persons to be levied and gathered by the Chamberlain of the Town or such Officer as the Mayor shall appoint to be imployed to the use of the Town and the Chancellor Vice-Chancellor and Mayor and other Officers aforesaid neglecting their Duty therein or delaying or for bearing for Favour or Reward by the space of six Weeks after any one of the said Feasts to forfeit five pounds half to the King and half to the Informer that will sue for it in any of the Kings Courts and Paviers not to take above one peny farthing for every Yard square paving or six pence a day and find himself on pain to incur the Penalties comprised in the Statute of Winchester made for Artificers and Labourers Lessees that lay out Monies for paving or repairing as aforesaid to defalk so much out of their Rents unless it be otherwise agreed The Streets of Ipswich in the 13 Eliz. chap. 24. Ipswich 1. Rast St. at large printed 1587. f. 552 553. Keb. Stat. f. 844. County of Suffolk and Suburbs thereof by the Statute of 13 Eliz. were to be paved with good paving Stone and for ever repaired by the Owners Land-Lords or Ter-Tenants of Houses Lands or Tenements within the same Town in Fee-simple Fee-tail or for Life or Years along from and against their Houses Lands and Tenements adjoyning to the Street viz. So much of the said Street in length as his House Lands and Tenements so adjoyning extendeth unto and in breadth during all the said length to the Channel or to such place as the Channel there shall be appointed by the Bailiffs upon pain to forfeit for every Yard square not sufficiently repaired and amended eight pence to go to the use Forfeitures how to be disposed of the Town towards the amendment of the Haven there and Streets adjoyning to any Church or Church-yard to be paved and repaired at the Charges of the Parishioners to be indifferently rated by the twelve Headboroughs or the major-part of them and the Bailiffs once every quarter of a year to enquire of Defaults by the the Oaths of twelve Headboroughs and upon presentment to
And 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
course though not warranted by the Statute is submitted to and never disputed for Communis Error facit Philips Principles of Law p. 13. Jus. CHAP. XII An Abridgment of such Statutes as have been made for the paving and cleansing the Streets and Lanes in the Cities of London and Westminster and Suburbs and Liberties thereof and Out-Parishes in the County of Middlesex and the Borough of Southwark BY the Statute of 24 H. 8. The 24 H. 8. ch 11. Râ—stal paving 1. Stat. at large printed 1587. f. 624 625. Keb. Stat. printed 1684. f. 410. Street-way between Charing-Cross and Strand-Cross was to be sufficiently paved at the Charges of the Owners of the Lands or Tenements seized thereof in Fee-simple Fee-tail or for Term of Life along from his or their Lands or Tenements adjoyning to the said Ways unto the midst of the same and the same to be maintained by such Owners their Heirs and Successors with several Clauses for Pains and Forfeitures upon defaults and neglects as appears in the Statutâ— at large which are now altered and the Rules in the Statute of the second Year of their Majesties Reigns King William and Queen Mary mentioned afterwards in this Chapter is now to be observed By the Statute of 25 H. 8. it is enacted 25 H. 8. ch 8. Paving 2. Rastal St. at large printed 1587. f. 638. Keb. St. printed 1684. 415. That Holburn from the Bridge to the Bars shall be paved on both sides with paving Stone at the Charges of the Tenants in Fee-simple Fee-tail or for Life of the Lands thereunto adjoyning their Heirs and Successors and they from time to time to maintain the same paved and if the Lessees do it they may defaulk so much out of their Rent if not otherwise agreed with several Clauses in the Statute at large for Pains and Forfeitures for defaults c. But now by the Statute of 22 and 23 Car. 2. 22 23 Car. 2. ch 17. All power of cleansing the Streets Lanes and Passages within the City of London and Liberties and pitching and paving with the order and manner thereof is in the Mayor Communalty and Citizens of the said City to be mannaged executed and done by such Commissioners or any seven of them as they appoint under their Common Seal as is shewed afterwards in this Chapter By the Statute of 32 H. 8. From 32 H. 8. ch 17. Paâ— Rast â—t at large printed 1 5 87 â— 816 817. Keb. St. printed 168â— f. 512. Algate to White-chappel and from Holburn-Bars to St. Giles and Chanâ—â—ry-Lane Grays-Inn-Lane Fetter-Lane and Shoo-Lane were to be paved by Tenants in Fee-simple Fee-tail and for Life on both sides so far as their Lands and Tenements extend in length to the middle of the Street and they their Heirs Assigns and Successors to maintain the same with several Clauses for Presentments Forfeitures c. but now the sole Power is in the Lord Mayor Communalty and Citizens c. By the Statute of 34 and 35 H. 8. 34 35 H. 8. ch 12 Paving Rast 4. St. at large printed 1587. f. 947 948 949. Keb. Stat. printed 1684. f 569. White-Cross-Street Cheswel-Street Golding-Lane Grub-Street Goswel-Street Long-Lane St. Johns-Street Smithfield-Bars Water-Lane from Temple-Bar by Clements-Inn and New-Inn to Drury-Lane-end Petty-France Shore-Ditch and Foscue-Lane were to be paved by Tenants in Fee-simple Fee-tail for Life or Years on both sides and maintained in the same manner as is shewed above for Alâ—ate c. And several Clauses also in â—his Act about Presentments Forfeitures c. But now all Power in the Lord Mayor Communalty Citizens c. By the Statute of 13 Eliz. Thâ— 13 El. ch 23. Paving 6. Rast Stat. at large printed 1587. â— 551 552. Keb. Stat. printed 1684. f. 844. Way without Aldgate in the Suburâ— of London and a Way leading from the Old-Cage to the North-end oâ— Nightingale-Lane and another Waâ— between the said Old-Cage and Crosâ—-Mill in the Parish of St. Mary Maâ—fellon at White-Chappel were to bâ— paved with Stone and continued 〈◊〉 by Persons seized as aforesaid in such manner as aforeshewed and several Clauses about Presentments and Forfeitures also and about carrying the Waters from Algate to the Common-shore at the East-end of Hog-Lane c. but now all Power is in the Lorâ— Mayor c. Then an Addition wâ—â— made to this Stat. in 23 Eliz. touching 23 El. ch 12. Paving 6. Rast Stat. at large printed 1587. f. 663 664. Keb. Stat. printed 1684. f. 872. the paving a Street without Algate leading to the Queens Store-house at the Minories towards the Tower of London and other places near thereunto with provision about Scouring and Cleansing the Ditch at Hog-Lane and several Clauses about Pains and Forfeitures but the Lord Mayor c. as iâ— shewed before hath now all the Poweâ— in such things By the Statute of 19 Car. Such 19 Car. 2. ch 3 sect 20. Keb. Stat printed 1684. â— 1333. Persons or any seven or more of them as shall be authorised and appointed from time to time by the Mayor of London Aldermen and Commonalty of the said City in Common Council â—ssembled or the more part of them under their Common Seal with the Surveyors or some or one of them within his or their Precinct respectiveâ—y at their Meeting have power to Making new Vaults Drains and Sewers c. order the making of any new Vaults Drains and Sewers or to cut into any â—lready made and for the altering inâ—â—rging and amending cleansing and â—â—owring of any old Vaults Sinks or Common Sewers for the better effectâ—ng whereof the said Persons or any seven or more of them at their Meetâ—ng may impose any reasonable Tax Tax how to be imposed and laid on upon all Houses within the said City and Liberties thereof in proportion â—o the benefit they shall receive thereâ—y for and towards the new making â—ltering c. and in default of payment by Order and Warrant under â—heir or any seven of their Hands and Seals to levy the said Sunâ—s so assessed Qu. what Offiâ—â—â— must take the distress for here is none named â—y distress and sale of the Goods of â—he Party chargeable therewith and reâ—using or neglecting to pay the same rendring the overplus if any be and that all other Commissioners whatsoever be altogether suspended to inteâ— middle in the Premisses within the saiâ— City and Liberties thereof for thâ— space of seven years but by the Stâ—â— of 22 and 23 Car. 2. ch 17. this Clauâ—â— is made perpetual Keb. Stat. printâ—â— 1684. f. 1433. sect 1 2 3. The sole power of cleansing thâ— To whom the sole power for cleansing the Streets Lanes c. and pitching and paving is given Streets Lanes and Passages within thâ— City of London and Liberties anâ— pitching and paving with the ordeâ— and manner thereof and for makinâ— and cleansing Drains and Sewers by thâ— Statute of 22 and 23 Car. 2.
order or in â—ny other manner shall be hereafter reâ—aired paved and maintained in such â—â—rt and manner and by such Persons 〈◊〉 have been used to do the same unâ—er the Penalties aforesaid On Monday or Tuesday in Easter-Week Scavengers how and when to be chosen and what penalty for refusing the Office yearly the Constable Church-wardens Overseers of the Poor and Surveyors of the High-ways of the places aforesaid or the greater number of them calling together such anâ—ient Inhabitants as are usually present â—t the Election of Parish Officers the greater number of them then preâ—ent shall make choice of and nomiâ—ate and appoint two or more able Tradesmen of their Parish to be Scavengers for their Parish for the Yeaâ— following and till others be chosen anâ— setled in their Places which Persons being approved of and confirmed undeâ— the Hands of two Justices of the Peaâ—â— within their respective Limits anâ— within seven days after notice of sâ—â— Election and Confirmation to taâ—â— the Office upon them upon pain 〈◊〉 ten pounds forfeiture for every Refuse respectively and in case of refusâ— then other two are to be chosen anâ— confirmed in manner aforesaid withiâ— seven days after such refusal in the place of him or them so refusing and having notice shall undergo thâ— like pain of ten pounds in case of refusal and not taking the Office upoâ— him or them within seven days after notice as aforesaid the said Penalties to be paid to the Surveyors of the High-ways of the place to be imployed towards the amending the High-ways and Streets of the saâ—â— Parish Ward or Division and to be How and by whom the Penalties are to be levied levied by distress and sale of the Goods and Chattels of the Offenders by Warrant under the Hand and Seal â—â— any one Justice of the Peace of any the places aforesaid to be directed tâ— the Constables or other Officers of the said Parish or any two or more of â—hem rendring the overplus to the Parties reasonable charges for the distress only to be deducted and for want of distress or non-payment within six days or demand or notice left â—â— writing at the House or Dwelling-place of the Offender by the said Constables or Officers the said Offender to be committed to the Common Gaol of the County City or Place respectively by the Warrant of any such Justice of the Peace under his Hand and Seal there to remain without Bail or Mainprise till payment be made as aforesaid and so in like manâ—er for every Person or Persons negâ—ecting or refusing the same and withâ—n Within what time Rates are to be made and by whom twenty days after the election and confirmation of the said Scavengers â—s aforesaid the Constables and such other Officers and Parishioners as aforesaid or the greater number of them â—hen present shall make a Rate or Assessment according to pound Rate â—pon the Inhabitants of their Parish which being allowed and confirmed â—y two Justices of the Peace of the â—laces aforesaid shall be quarterly paid â—y every Inhabitant upon demand â—ade by the Scavengers or Officers appointed to gather the same and iâ— case of refusal or neglect shall bâ— Warrant under the Hands and Seâ—â— of two such Justices of the Peace â—â— aforesaid be levied by distress and saâ—â— of the Offenders Goods and for waâ—â— of distress by imprisonment being no Peer of the Realm until payment as aforesaid And such Sums of Mony as shâ—â—â— The Scavengers to account for the monies received by them be yearly assessed and collected shalâ— be yearly accounted for by the Scavengers for the time being whicâ— collected the same to two or moâ—â— of the Justices of Peace of the placâ— residing in or near to the respectivâ— places for which such Scavengers were appointed within eight and twenty days after the electing of new Scavengers for the ensuing Year and â—â— pay to the new Scavengers what remains in their Hands and any such two Justices of the Peace as aforesaid upon refusal to account may comitâ—â— the Refuser to prison there to remaiâ— without Bail or Mainprise till he aâ—count and pay what remains upoâ— Account and the Scavengers maâ— Scavengers to lodge their Dirt in such publick places as the Justices of Peace shall approve of lodge their Dirt Dust Ashes c. iâ— such vacant and publick places near the Street or High-ways as two or moâ—â— of the Justices of the Peace in their â—etty Sessions shall approve of they â—iving satisfaction to the Owners and Occupiers thereof and in case of unâ—easonable demands such Justices of the Peace in their Petty Sessions may moderate and determine it and such persons as are agrieved with any Asâ—essment or Determination of the Juâ—tices of Peace in their Petty Sessions may appeal to the Justices of the Peace â—t their General Quarter-Sessions of the Peace for that place whose Order and Determination upon hearing the Complaints shall be final without farther appeal to any other Court and where there are any High-ways Assessments whâ—â— and how to be made within the said Parishes which cannot be amended without help of an Assessment then one or more Assessments shall be made from time to time upon all the Inhabitants Owners and Occupiers of Lands Houses and Tenements or any personal Estate there usually ratable to the Poor to be allowed levied and collected by such person and persons as the said Justices of the Peace at such their General Quarter-Sessions shall direct and appoint and the Mony raised to be employed and accounted for towards the repairing such High-ways from time to time as the said Justices shall order to be levied by distress and sale of the Goods of the perions so assessed nâ—â— paying the same within fourteen days after demand rendring the overplus to the Owner necessary Charges of making and selling the distress being first deducted which Assessments in any one year are not to exceed four pence in the pound of the yearly value of Lands c. nor eight pence for every twenty pounds personal Estate All Sinks Sewers and Vaults made Sinks Sewers and Vaults to be within the Commiâ—â—ion of Sewers since the twelfth Year of King Charles the Second within the City and Liberties of Westminster and Parishes aforesaid are to be subject to the Commission of Sewers and the Commissioners of Sewers within the Liberties of their respective Commissions may after amend cleanse and scour any new Sewers Sinks and Vaults and direct the making of new ones or may cut into any already made and alter and take away any Nusances in the same and alter or take away any cross Gutter or Channels in all or any of the Streets and Lanes in the Parishes Housholdâ—â—â— to hâ—ng out Candleâ— at Night aforesaid and all Housholders in the Counties of Middlesex and Surry and City and Liberty of Westminster comprised within the Weekly Bills of Mortality whose Houses adjoyn unto or are near the Street shall
two Justices and twelve Men are to certifie into the Chancery under their Seals the length and breadth of the said new Way or Street and of other things adjoyning and concerning the same but such assignment of a new Way and seising the Soil of the old Way in severalty shall not debar any Person or Persons or Body Politick of their Church-way or Way to their Lands as formerly they had at such convenient places through the old Way or Street as shall be assigned by the said two Justices of Peace and other twelve Men and by them certified into the Chancery in form as aforesaid Kings Ferry in the Isle of Sheppy 18 El. ch 10. Stat at large printed 1587. f. 610 611. High-ways 12. in the County of Kent and the Ways leading to the same to be maintained Rast Keb. Stat. f. 860. sect 10 11. by an Assessment and Tax to be laid on every Year by the Jury impannelled and sworn at the Court or Law-day to be held at Kingsborow within the said Isle the Monday next after the Feast of Pentecost upon themselves and all other the Inhabitants and Land Occupiers of the said Isle an Acre of Fresh-marsh and Upland not to be taxed above one peny in the year and ten Acres of Salt-marsh one peny and all other Profits given for the maintenance of the said Ferry are to be levied recovered and received by the Ferry-Warden and the Assessments to be distrained for and levied upon the Estreats of the Steward of the Court as other Amerciaments are used to be and to be bestowed by the Ferry-Warden upon the repairing and amending the said Ferry and Ways and he to give account to the Ferry-Warden to give account of Monles received c. Steward and Homage the next Law-day following and to pay in the Arrears in his Hands to the next Ferry-Warden on pain to forfeit double of such Arrears to be levied as other pains in the Court be and imployed to the maintenance of the said Ferry and three Justices of the Peace one to be of the Quorum next inhabiting to the Town of Middleton in the County of Kent may assess all Land Occupiers dwelling out of the Isle of Sheppy and within four miles distant from the Ferry not exceeding in one year the Rates above mentioned for fresh and salt Marsh and to appoint 〈◊〉 Collector or Collectors for the same who are to imploy the same upon the High-ways leading from Middleton to the said Ferry and to give account thereof yearly to the said Justices Then by the Statute of 27 Eliz. 27 El. ch 26. Stat. at large printed 1587. f. 723 724. High-ways 7. Rast Keb. Stat. f. 890. Six five four or three Justices of the Peace inhabiting within eight miles of Middleton in the County of Kent may lay a Tax upon the Grounds lying without the Isle of Sheppy and within four miles distant from Kings Ferry there and raise such Assessments towards the High-way leading from Middleton to Kings Ferry as to them shall seem reasonable though the Owners or Occupiers of the said Grounds be dwelling without the compass of four miles so as every Year one Acre of Fresh-marsh be not charged above one peny nor ten Acres of Salt-marsh not above one peny notwithstanding the other Statute The Justices of Peace within the 27 El. ch 24. Stat. at large printed 1587 f. 722. High-ways 4. Rast Keb. St. f. 890 sect 2 3. County of Norfolk may yearly at any General Sessions held for the said County appoint so many of the publick Day-works as are set out for amending the High-ways as they think are superfluous for that Work and imploy them for and towards the making and amending the Sea Banks or Sea Works there which shall needfully require any such amendment and every Person so appointed and chargeable to the amendment of the High-ways within three miles of the said Sea Banks or Sea Works shall yearly upon reasonable warning given during so many days as shall be appointed in the Sessions in respect of his or their Labour and Carriages stand and be charged towards the amendment of the said Banks or Works as by the Statutes of 2 and 3 P. and M. chap. 8. 5 Eliz. chap. 13. and 18 Eliz. chap. 10. they stand charged for the amendment of any High-ways under the like pains and forfeitures contained in those Statutes for their not performance and the Justices to appoint Surveyors said Justices at their said Sessions to appoint the High-Constables of every Hundred chargable towards the amending the said Banks or Works to be Surveyors thereof who are to take the Office upon them under the like Penalties contained in the said Acts against Surveyors of the High-ways refusing to take the Office upon them and the Persons imployed towards amending of the Sea Banks or Sea Works aforesaid to 〈◊〉 discharged for so many days towards the amending of the High-ways as they are imployed in the other Work 〈◊〉 all Penalties and Forfeitures to be 〈◊〉 in manner and form as in the Statutes aforesaid are limited and appointed Occupiers of Iron-Works as Owners 39 El. ch 19. Dalt J. P. printed 1667. f. 107 108. Keb. St. printed 1674. f. 630. sect 3 4 5. Lamb. Eirenarcha P. 305 475. 〈◊〉 Farmers for Life Years or at Will 〈◊〉 any Coals Mine or Iron to 〈◊〉 for any their Iron-Works in any Year between the twelfth day of October and first day of May for every 〈◊〉 Wain or Cart Loads of Coal 〈◊〉 Mine and every Tun of Iron 〈◊〉 within the said time by the space of one mile in any High-ways within 〈◊〉 Wields of Sussex Surry Kent or 〈◊〉 of them shall pay three shillings to 〈◊〉 next Justice of Peace dwelling near 〈◊〉 places in the said County where the High-ways shall be most annoyed or 〈◊〉 his Assigns and upon default of payment Distress to be made for defaults to be levied by the said Justice or his Assigns by distress of the parties goods within the County that should have 〈◊〉 same and for every thirty Loads 〈◊〉 Coal and Mine or either of them and every ten Tuns of Iron to bâ— carried by such Persons between thâ— first day of May and twelfth day oâ— October in any Year one Load oâ— Cinder Gravel Stone or 〈◊〉 to be by them laid in such plaâ—â— where the High-ways within the Limits aforesaid shall be most annoyed as any Justice of the Peace of any oâ— Justice of Peace to assign places where Cinders c are to be laid the said Counties dwelling near thâ— same shall appoint or else to pay â—â— the said Justice or his Assign threâ— shillings within eight days after demand made at such Iron-Work tâ— or from which any Carriage shall bâ— for and in allowance of every Caâ— Load so to have been carried and laiâ— as aforesaid to be levied by 〈◊〉 after default of payment upon demand and if such Justice of the Peaâ—â— do
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
Hide of Land being the same with a Plow-land contains one hundred Acres and that eight Hides make a Knights Fee but Sir Edward Cook holds That a Knights Fee a Hide or plow-Plow-land a Yard-land or Oxgange of Land do not contain any certain number â—â— Acres In ancient time a Plow-land was of the yearly value of five poundâ— and this was the Living of a Plowmâ—â— or Yeoman Some differences arising upon seven Dâ—lt J. P. ch 50. â— 104. Presentments what should be the Content of a Plow-land an Order of Explanation was made 1 Octob. 16. Jac. That an hundred Acres should be esteemed but afterwards in Kiâ—â— Charles I's Time eight Acres was â—â— be accounted a Plow-land and â—â— proportionably to be charged for mening High-ways A Man that goes with two Draughâ—â— â—â— that keep two or more Draughts â—â—r his own use should sâ—nd as many to the amâ—ndment of the High way Dâ—lt J. P. ch 50 â— 105. Compl Just p. 164 usually or more for the dispatch 〈◊〉 his own Husbandry and keeps peâ—haps above an hundred Acres of Tâ—â— lage Land does usually send but oâ— Wain or Cart furnished to the commâ—â— day works for the amendment of thâ— High-ways and he that keeps but oâ— Dâ—aught and hath but a small quantity of Tillage perhaps of what the other hath yet he is chargeable to send his Wain or Cart furnished to the same Work which by some hath been thought very hard therefore it hath been thought reasonable and warranted by the Statute that he that for his own private business shall usually make and set up two Draughts or Carts shall also for the King and Countries Services be chargeable with two Draughts or Carts though he occupy all his Land but with one Plow and the more Draughts he useth the greater damage he doth to the High-ways though a greater advantage accreweth to himself And Qui sentit commodum sentire debet onus He that doth Profit get At the Burden should not fret This matter in a like Case came in Dalt Compl. J. ubi supra debate in the Kings Bench in Michaelmas-Term 27 Car. 2. upon an Order made by the Justices of the Peace in Middlesex for charging several Brewers and Bricklayers living there and using several Draughts to send so many as they kept for the repairing of the High-ways and the Order being removed into the Kings Bench a Procedendo was awarded by the Lord Chief Justice Hales and the whole Court were all strongly of Opinion that so many Draughts as they kept so many they ought to send for so the service they will do will answer the wrong and damage by them occasioned in the High-ways If a Man occupieth a Plow-land in Dalt J. P. f. 105 106. Pasture for feeding of Cattel but keepeth neither Cart nor Plow yet the Words of the Statute seem to charge him to find a Cart ready furnished and two able Men and so he that keepeth a Draught for Carriage or a Plow though he occupieth little or no Land or Pasture in his own hands yet he is chargeable to find a Cart for the amending the High-ways although he keeps his Plow and Cart only to carry and plow for other Men but quaere saith Mr. Dalton whether he is chargeable to send two able Men with his Cart except he hath in his occupation a Plow-land for theâ— Statute seems not saith he to charge such a Man to send two able Men with his Cart and perhaps he keeps not a Man and then it were hard but if the Rule in Law hold absoluta sententia expositore non indiget then such a Person must send two able Men with his Cart for the words of the Statute 2 and 3 P. and M. chap. 8. are Every person for every plow-Plow-land in Tillage or Pasture that he or she shall occupy in the same Parish and every other person keeping there a Plow or Draught shall find and send c. which is plain and back'd with another Rule in Law Generale dictum generaliter est accipiendum and then there is no excuse but he must send two able Men. And if this be an hard Case it is as hard that a poor labouring Man who is scarce able to get Bread for his Family should be as by the Statute he is compellable to go himself or send an able Labourer in his room to the common day works appointed for amending the High-ways when another Man in the same Town that keeps neither Plow-land nor Draught nor Cart and so comes under the denomination of a Cottager and perhaps is worth five or six hundred pounds is but to send two able Men. He that keeps a Cart for hire and Daâ—t J Pâ—ch 50. f. 105. goes with one or two Horses must send his Cart to the amendment of the High-ways with so many Horses as he goes withal for hire to carry such Loads as they are able to draw It hath been as a Quaere by some Whether Ministers are to sâ—nd their Draughts to the common days works whether Ministers that keep a Plow Cart or Wain and a Draught to load their Tythes and till their Glebe be chargeable to send a Cart or Wain and two able Men to the amendment of the High-ways and it hath been the general Opinion that they are noâ— Co. 2 Inst f. 3. bound to send any for my Lord Cook saith That true it is that Ecclesiastical persons have more and greateâ— Liberties than other of the Kings Subjects wherein to set down all would take up saith he a whole Volume 〈◊〉 it self so he only doth instance and shew some few particulars viz. Theâ— Co. 2 Inst f. 4. Marlbâ— ch 10. Briton p. 19. b. â—h 12. n. 40. Flâ—ta lib. 2 ch 52 sect 7. But if they are chargable to pay towards the repairing of decayed Bridges by the words of the St. 22 H. 8. chap 5. which makes every Inhabitants Iâ—able Co. 2 Inst f. 704. ought not in person to serve in Waâ— nor are they to appear at Sheriffâ— Tourns or Views of Frankpledge and they ought to be quit and discharged of Tolls and Customs Average Pontage Pannage Paviage and the like and if they be molested or distraineâ— for any of these they may have Writ out of the Chancery for their discharge as appears by the Registeâ—â— Regist f. 260. a. F. N B. f. 227. F. Degs Parsons Co. 4 Edition printed 1685 p. 122 123 and Fitzherbert Rex Ballivis suiâ— de B. salutem cum personae Ecclesiastica secundum consuetudinem hacteâ—s in Regno nostro usitatam apâ—obatam ad Toloniam Pannagium Muragium c. de bonis suis Eccleâ—asticis alicubi in eodem Regno praeâ—and nullatenus teneantur vobis praeâ—pimus quod L. S. personam Ecclesiae 〈◊〉 W. ad Toloneum c. And when â—ny Charge is intended to be put upon them or their Spiritual Promotiâ—ns they are set down in express Terms and particularly named
and not elsewhere and that no such Presentment or Indictment shall be removed by Certiorari or otherwise out of the said County till such Indictment or Presentment be traversed and Judgment thereupon given And no Presentment Indictmenâ— 3 4 W. M. ch 12. or Order made by virtue of the Statuâ—â— 3 and 4 of their Majesties Reigns King William and Queen Mary is to bâ— removed by Certiorari out of the County into any other Court for any Matters concerning High-ways Cawseys Pavements and Bridges mentioned in the said Act but are to be determined in the County where the same do liâ— and not elsewhere And now by the Statute also of the 3 4 W. M. ch 12. said 3 and 4 Years of their said Majesties Reigns King William and Queen Mary it is enacted That the Justices of the Peace of every County iâ— their respective Divisions shall hold â— special Sessions once every four months Special Sessions to be held every four months and summon all the Surveyors of the High-ways within that Division to come before them and then shall give them charge to do their Duty and declare to them what they are obliged to do by virtue of that Statute oâ— any former Act and then the Surveyors The Surveyors to present upon Oath are to make a presentment to the Justices upon Oath of the state and condition of the High-ways within their respective Parishes Towns Villages Hamlets Precincts or Tythings for which they are Surveyors and what Offences or Neglects any are guilty of contrary to the meaning of the Statutes made concerning High-ways and before they go out of their Surveyors to account upon Oath Office they must at some special Sessions of the said Justices give an account upon Oath of all Mony come to their Hands which ought to be imployed in amending of the High-ways and how the same is disposed of and if any Mony be remaining in any Surveyors Hands he shall deliver the same to those that shall succeed him for the Year ensuing in the same Office for that Place and in case of failure to forfeit double the value of what shall be judged to be in his Hands by the said Justices to be levied and disposed of in the same manner as the Statute directs in case where one refuseth to be Surveyor after he is served with a Warrant of Notice or neglects the Office for which see before Chap. 2. And now generally all Presentments about High-ways and Offences concerning the same are to be made upon Oath by the Surveyors before the Justices of Peace at their special Sessions held for that purpose CHAP. VIII How Lands given for the maintenanâ—â— of Cawseys High-ways Pavâ—ments and Bridges are to he leâ— and how Assessments are to be made and gathered for repairing High-ways and of such as make resistance and oppose such persons a are imployed in the Execution of the Statutes made for amendment of High-ways and also concerning Suits that shall be brought about the same TRustees of Lands given for maintenance 22 Car. 2. ch 12. Keb. Stat. at large printed 1684. f. 1394. sect 2. Wingate High-ways sect 31. of Cawseys Pavements High-ways and Bridges shall let them to farm at the most improved yearly Rent without Fine and the Justices of Peace in their open Sessions may order the Improvement and Imployment thereof other than of such Lands as have been given to the uses aforesaid to any Colledge or Hall in either of the Universities that have Visitors of their own according to the Will of the Donor if they find that the Persons intrusted have been negligent or faulty in the performance of their Trust Where the Justices of the Peace of 3 4 W. M ch 12. any County City Borough or other Place or the major-part of them at their general or quarter Sessions shall be fully satisfied that the common High-ways Cawseys Bridges Streets â—â— Pavements within their respective Jurisdictions within any Parish Township Hamlet or other place there cannot without the help of the Statute of 3 and 4 of their Majesties Reigns King William and Queen Mary be sufficiently amended repaired paved â—leansed and supported then in all Assessments when and how to be made such Cases one or more Assessment or Assessments upon all and every the â—nhabitants Owners and Occupiers of â—ands Houses Tenements and Hereâ—â—taments or any personal Estate usuâ—lly ratable to the Poor within any â—â—ch Parish Township Hamlet or â—ther place may be made levied colâ—â—cted and allowed by such person and â—ersons and in such manner as the â—â—id Justices by their Order at such â—essions shall direct and appoint in â—â—at behalf and the Mony thereby â—â—ised shall be imployed and accounted â—â— according to the Orders and Dictions of the said Justices for and â—â—wards the amending and repairing paving cleansing and supporting 〈◊〉 High-ways Cawseys Streets 〈◊〉 and Bridges from time to time Quare who must make the distress for the Statute names no Officer but this Clause I conceive hath reference to the preceeding Clause and it must be done by such person or persons as â—oe Justicâ—s shall order at their general quarter Sessions as need shall require and the said 〈◊〉 shall be levied by distress 〈◊〉 sale of the Goods of every Person 〈◊〉 assessed not paving the same within 〈◊〉 days after demand rendring the 〈◊〉 plus to the Owner or Owners 〈◊〉 Charges of making and selling 〈◊〉 distress being first deducted and 〈◊〉 Assessment in any one Year is not 〈◊〉 exceed six pence in the pound of 〈◊〉 yearly value of Lands Houses 〈◊〉 and Hereditaments nor aboâ—â— six pence for every twenty pounds 〈◊〉 personal Estate and such Order 〈◊〉 the greater number of the Justices 〈◊〉 Peace shall make at their general quâ—â—ter Sessions concerning Persons 〈◊〉 shall be conclusive and bind 〈◊〉 said Parties If any person or persons shall 〈◊〉 22 Car 2. ch 12. Keb Stat. f. 1394. sect 2 Wingate High-way sect 32 or make forceable opposition 〈◊〉 any person or persons imployed in 〈◊〉 due Execution of the Acts of 〈◊〉 2 3 P. M. ch 8. 5 El. ch 13. 18 El. ch 10. of 2 and 3 P. and M. and 〈◊〉 and 18 Eliz. or 22 Car. 2. made 〈◊〉 the amendment of High-ways 〈◊〉 shall make any rescue of any 〈◊〉 or Goods distrained by virtue 〈◊〉 of every person being convicted thereof by the Oath of one credible Witness before any Justice of the Peace of the place or division or by the view of the Justice himself shall for every such Offence forfeit forty shillings and for non-payment within seven days after notice of Conviction any Justice of the Peace residing near the place where such opposition or rescue shall be made may commit the Offender to the Common Gaol of the County where such Offence was committed there to remain till payment of the Forfeiture be made to the Surveyors of the High-ways for the
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