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A48475 The duty and office of high-constables of hundreds, petty-constables, tythingmen, and such inferior ministers of the peace with the several duties and offices of churchwardens, overseers, and collectors for the poor, of surveyors for amending the higheways, and distributors of the provision for the destruction of noysom fowl and vermin / first collected by William Lambard, in the reign of Q. Elizabeth ; and now enlarged with many useful additions according to the succeeding statutes by R. Turner ... Lambarde, William, 1536-1601.; Turner, R. 1671 (1671) Wing L215A; ESTC R41023 59,151 158

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and send on every day to the place appointed by the Surveyors one Wayn or Cart after the fashion of the Countrey provided with Horses c. fit for the Carriage and with necessary Tools fit for the work and with two able men who are there to do such work with their Wayns c. as they shall be appointed by the Surveyors by the space of eight Hours every of the said six dayes on pain of Ten shillings every day default is made Stat. 2 3 P. M. ch 8. Every other Housholder Cottager and Labourer of the Parish Town c. able to labour and being no hired servant by the year must by himself or some other able man be then and there ready to work every of the said six dayes by the space of eight hours as aforesaid where they shall be appointed by the Surveyors on pain to forfeit Twelve pence for every day they make default 18 Eliz. ch 9. All persons being chargeable but as Cottagers by the 2 3 P. M. yet if they be in Subsidy 5 Pounds in Goods or 40 Shillings in Lands or above they must find two able men to work every of the said six dayes 2 3 P. M. ch 8. If any of the Carriages shall not be thought needful by the said Surveyors upon any of the said dayes they may appoi nt in stead of a Team two able men to work as aforesaid who shall not fail in pain that the party who should send them shall forfeit Twelve pence for every day that either of them makes default 18 Eliz. ch 9. He that shall occupy a Plough-Land in tillage or in pasture lying in several Parishes shall be chargeable only in the Parish where he dwelleth and he that occupieth several Plough Lands in several Parishes shall be charged in each Town or Parish where such Land lyeth viz. to find in each Town or Parish one Cart furnished as aforesaid though he be no inhabitant there Co. on Lit. fo 69. It is said that a Plough-Land is not alwayes of one content but ordinarily it is so much as one Plough may plough in on eyear which is on some Countries more and in some less according to the heaviness of the soil Co. 4. Rep. fo 37. b. 9 Rep. fo 124. A Plough-Land or Carve-Land may contain House Meadow Pasture and Wood and if one have so much of this as will keep a Plough and yield Tillage for it if part of it were eared in this case it seems he is to send his Plough Dalt J. P. chap. 26. fo 72. He that keepeth a Plough or Draught for carriage although he occupy little or no Land but carrieth or plougheth for other men yet it seems he is to send his Cart to the High-wayes and if a may keep only two Horses and a Cart for his own business he is to come with his Cart and two Horses with a Man to drive them 14 Car. 2. ch 6. If six dayes will not serve for repairing of the Highwayes the Surveyors may appoint more and charge all persons within their limits who are chargeable by the Law to come to the work but the Surveyors are to pay them for their work for all the dayes above six dayes according to the Rates of the Countrey and if they cannot agree the next Justice of the peace living out of the Parish is to determine the business between them 5 Eliz. ch 13. The Surveyors if they see cause for the amendment of the High-wayes may take and carry away so much of the rubbish and smallest broken stones of any mans Quarray lying within the same Parish without leave of the owner as they shall think needful or gather the loo se stones lying dispersed in any mans grounds But they may not without license dig in any mans Quarrey for new stones nor take the great stones already digged and if there be no such rubbish to be found in any mans Quarrey within the said Parish then they may enter into any mans several ground within the said Parish lying near the place where the Wayes are decayed and there if they see any hopes of finding materals fit for the reparation thereof without leave of the owner they may dig for Sand Stones Gravel c. so that it be not in the Houses Orchards Gardens or Meadows of any man they are not to come there without license of the owner And in such place where they may dig without leave they are not to make a pit above ten yards in breadth or length and they are to take care that the place be filled up again at the charge of the Parish within one Month after upon pain to forfeit five Marks to the owner of the ground to be recovered by Action of Debt 14 Car. 2. ch 6. The same power is granted to Surveyors to dig for Gravel Chalk Sand Stones c. in any mans ground in the parish next adjoyning to the place where the Wayes are in decay if there be not sufficient in the same parish Provided it be not in the House Garden Orchard Court Yard Park with Deer in it or in the Meadow of such party without paying any thing for the same Gravel c. only damages to the party for the carrying the same over his grass c. filling up the pits as is before mentioned 5 Eliz. within the same time and under the same penalty Stat. 5 Eliz. chap. 13.8 Eliz. chap. 10. If the owners of the grounds next adjoyning to the Highwayes do not keep their Hedges low and cut down their Trees and Bushes growing on the same Wayes they forfeit Ten shillings And he that scowrs not his Ditches in the ground next adjoyning to the ground that is next the Highway that the water may pass the better out of the Highway shall forfeit 12 d. for every Rod so left unscowred Stat. 18 Eliz. chap. 10. If any scowr his Ditch by the HIghways side and throw the soyl thereof into the highway and suffer it to lye there six Months he forfeits for every Load thereof 12 d. And the Surveyors are to make Sluces where such Banks have been heretofore made for carrying away the water out of the Highway Dalt J.P. ch 26. fo 70. Every Survey or may cause any Water-course or Spring of water being in the Highway within their parish to be turned into another mans several ditch or ground next adjoyning to the said Way in such manner as by the discretion of the Surveyors shall be thought meet Stat. 18 Eliz. ch 10. Wingate Abr. Stat. Tit. Highwayes The forfeitures of the Act of 18 Eliz. 10. must be levied by the Surveyors for the time being by warrant from the Justices before whom the party shall be convict by distress and sale of goods which forfeitures are to be employed towards the amendment of the Highwayes and if the Surveyors neglect to do it within one year after the offence committed then the Constables and Churchwardens by like
meet CHAP. XIII The Office of the Distributors of the Provision for the destruction of noysom Fowl and Vermin STat. 8 Eliz. ch 15. 14 Eliz. ch 11. In every Parish the Churchwardens with six other parishioners to be required by the Churchwardens shall yearly in one of the Holydays in Easter-week and at every other time when it shall be needful tax and assess every person having the possession of any Lands or Tythes within that Parish to pay such summs of money as they shall think meet according to the quantity of such their Lands or Tythes and if any person do deny to pay the same or do not pay the same within fourteen dayes after request made by the Churchwardens or one of them then such person shall forfeit for every time Five shillings which together with the summ assessed shall be levied by distress of the goods and chattels of such person to be taken by the Churchwardens or one of them the same distress to be ordered and used as distresses taken for Amerciaments in any Leet And as well the said summs as pepalties if any of them be so levied shall be yearly by the said Churchwardens or one of them for the time being delivered by Bills indented to two honest and substantial persons of the said Parish which shall be elected and appointed by the Churchwardens and shall be named The Distributors of the Provision for the destruction of noysom Fowl and Vermin And if the said Churchwardens six persons or Distributors or any of them shall refuse or make default in the execution of any part of this Act contrary to the form thereof then such offendor shall forfeit for every default Five pounds the one moiety to the King the other to him or them using Tillage yearly within the same Shire that will sue for the same in any Court of Record The Reward of those who destroy the said noysom Fowl and Vermin viz. These Distributors being so chosen and having money shall give and pay of the same money so to them delivered to every person that shall bring to them any Heads of old Crows Pyes or Rooks taken within the several Parishes for the Heads of every three of them One penny For the heads of every six young Crows Choughs Pyes or Rooks One penny For every six Eggs of any of them One penny For every 12. Stares heads One penny For every head of Merton Hawks Furse-kite Mold-kite Buzzard Schagge Cormorant or Ringtayl Two pence And for every two Eggs of them One penny For every Iron or Osprayes head Four pence For the head of every Woodwal Pye Jay Raven or Kite One penny For the head of every bird called the Kings-fisher One penny For the head of every Bulfinch or other bird that devoureth the Bud of Fruit-trees One penny For the head of every Fox or Grey Twelve pence For the head of every Fitchew Polcat Weasel Stoat Fair Badge or Wildcat One penny For the head of every Otter or Hedgehog Two pence For the heads of every three Rats or twelve Mice One penny For the heads of every Moldwarp or Want an Half penny For the heads of every which Birds and Vermin the said Distributors shall give and pay to the bringer of them as before is limited And if upon any Account to be made in the end and determination of the office of any such Distributors any money be remaining in their hands it shall be by Bill indented delivered to those that shall succeed them in the said Office to be by them distributed in manner aforesaid This gives no Authority to use any Engine for the destruction of the before-mentioned Birds or Vermin which shall disturb or destroy the building or breeding of Hawks Herons or Swans or to the hurt of any Doves or Deer or Coney-warren neither shall any thing be given to any person for the Head of any such Vermin or Fowl taken in any Park or Warren nor for Stares taken in Dove-houses nor to the killing or bringing of the Head of any Kite or Raven killed in any City or Town-corporate or within two Miles of the same FINIS