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A50662 A guide to surveyors of the high-ways shewing the office and duty of such surveyors, with several cases and resolutions in law relating to the same : collected and gathered out of publick acts of Parliament now in force, and out of the year-books, and other books of the municipal laws of this kingdom : with an abridgment of the statute of 22 H. 8 Chap. 5 for the repairing of bridges, with cases relating thereunto : and likewise a summary of the statutes made for paving, cleansing &c., streets, lanes, &c., in London and other towns and places, and an abstract of statutes made for the repairs of high-ways and bridges in particular places, methodiz'd into short chapters for the ready finding out any matter contain'd in the book / by G. Meriton, Gent. Meriton, George, 1634-1711. 1694 (1694) Wing M1799; ESTC R23533 92,726 194

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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 ●● 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
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 no● keeping Streets in repair and w●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 i● 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. a● 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 ●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