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.
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
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
21 years Keb. Stat. f. 1307. sect 3. 17 Years of Car. 2. chap. 10. The Toll taken at Wades Mill was continued for one and twenty years to commence from the time mentioned in the former Act and the Mony arising therefrom to be imployed for the repaying the Debt with Interest borrowed by the Hertfordshire Gentlemen for the repairing the said High-way and that the Persons impowred by the Way between Puckeridge and Barley to be amended with part of the Toll Keb. ubi supra sect 4. former Act for the repair of the said High-way within the County of Hertford to have the same power to repair the Ways leading from Puckeridge to Barley in the same County as they have to repair the High-way in the said County leading from London to York and that they shall and may apply such part of the Toll thereunto having an equal care on both High-ways as they shall find needful and the Collector of the Toll upon Oath Collectors of the Toll to account weekly upon oath Keb. ubi supra sect 8. before the next Justice of the Peace is to account weekly to the Receiver General for the whole Mony received which account so made shall be returned into the next General Sessions to be held for the said County by the said Justice of Peace before whom such Oath was taken and all Persons chargeable by Law towards the All persons chargable to the repairs to pay yearly six pence per pound Keb. St f. 1308. sect 7 12. repair of the said High-ways to remain still chargeable and pay yearly six pence in the pound according to the true value of their Estate towards the repairing of the said High-way during the time of the continuance of this Act to be paid to the Treasurer appointed to receive the Toll and for default of payment by the space of six days after demand then the Surveyors of the High-ways for the time being to levy the same by distress and sale of the Goods of the Party refusing to pay returning the overplus if any be to the Owner Upon adjudication of the Ways being amended and Monies advanced repâ—id then the Toll to cease Keb. Stat. f. sect 9 10. And if before the expiration of the said Term of one and twenty Years the High-ways be adjudged at the publick Quarter-Sessions for the County of Hertford to be sufficiently amended and that such Sums of Mony already borrowed and laid out or shall be borrowed and laid out for the use aforesaid be repaid with Interest for the same then from and after such adjudication made and repayment of such Mony so borrowed and laid out as aforesaid the aforesaid Toll in the said County to cease and determine and if the High-ways shall be sufficiently amended and the Justices of Peace at their Quarter-Sessions make no adjudication in such case the Justices of Assize for the County of Hertford may make such adjudication which being entred with the Clerk of Assize for the said County shall be a good adjudication of the amendment of the said High-ways and from thenceforth the said Debt being fully satisfied to such as shall have advanced any Mony thereupon the said Toll shall cease and determine These two Statutes being expired Toll at Wades Mill and all former Powers given by virtue of the two former Statutes revived for fifteen years as to the County of Hertford 4 5 W. M. ch 9. and the Parliament taking notice that this great Post-Road and the other Way cannot be amended and repaired by the ordinary course of the Laws and Statutes of this Realm now in force â—s to such part thereof as lies within the County of Hertford it is therefore enacted by the Statute of 4 and 5 of their Majesties Reigns King William and Queen Mary That the Toll to be taken at Wades Mill for the County of Herford formerly by force of the before-mentioned Acts of Parliament be revived set up and taken again in the same manner by the said Acts mentioned to continue for the space of fifteen Years from the passing of this Act and that the Monies thereby arising be imployed for the repair of the said High-ways within the said County of Hertford with a Proviso That if the said High-ways Uâ—on adjudication of â—mendment of the High-ways the Toll to cease before the expiration of the said Term of fifteen Years be in good and sufficient repair and an adjudication thereof to be made at the Assizes or the General Sessions of the Peace to be holden for the said County as is provided by the said Statute of 16 and 17 Car. 2. the Tolâ— shall from thenceforth cease and determine as in the said Act is directed and appointed and it is farther provided by this Statute of 4 and 5 of their present Majesties Reigns That the several Officers and Persons impowred in and by the said Acts to the purposes therein mentioned so far as may any ways concern or relate to the said County of Hertford shall have 〈◊〉 like Powers and Authorities by virtue of this Act as they and every of them had by virtue of the said former Acts and that all Clauses Provisions Penalties Forfeitures and Exceptions whatsoever therein mentioned concerning the collecting payâ—ng ingaging or accounting for the â—â—id Toll at Wades Mill be by virtue â—f the said Act renewed and put in execution again during the continuâ—nce of this said Act as if they were particularly expressed and repeated in 〈◊〉 same CHAP. XIV How new Ways may be set out in the Welds of Kent and Sussex and how and by whom Kings Ferry in the Isle of Sheppy and the Ways belonging to the same with the Sea Banks and Sea Works on the Coasts of Norfolk are to be repaired and what the Owners and Occupiers of Iron Works are to perform or pay towards the repair of the High ways in Sussex Surâ—ey and Kent ANY Person within the Welds 15 H. 8 ch 6. 26 H. 8. ch 7. Statutes at large printed 1587. f. 537 538. f. 638 639. High-way Rast 1. Keb. Stat. printed 1684. f. 366. sect 3 4 5. f. 448. sect 3. Lamb. 〈◊〉 lib. 3. ch 1. Dâ—â— J. P. printed 1677. f. 108. of Kent and Sussex with the assent of two Justices of the Peace of the County and twelve discreet Mâ—n of the same Hundred or other Hundreds adjoyning may assign and lay out a new Way in and over the Lands adjoyning to an old Way for the more commodious passage of the People the said Person or others to his use being seised in Fee in Estate of Inheritance of the Lands over which the said new Way shall be laid out and having no respect of profit to accrew thereby and such so setting out a new Way shall have the Soil of the old Way in severalty to him and his Heirs in recompence of the said new Way and within three months after the setting out of any such new Way the said
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
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
such Statutes as have been made for the repairing and amending of some particular Wayes and Bridges in some certain Counties in England and Wales If the Book proves serviceable I have my desire and to such as carp and find fault my request is that they will amend the Errors and supply the Defects and consider that est voluisse satis And tho' my Pains do not merit their good Opinion 〈◊〉 I hope they will have 〈◊〉 occasion to be Angry but whether they be 〈◊〉 no it shall not discouragâ— or deter me to be to thâ— utmost of my Power seâ—viceable to my Countrâ— whilst I am G. Meriton A SUMMARY OF THE CONTENTS Of the several CHAPTER' 's Contained in this TREATISE CHAP. I. OF High-ways in general how many kinds of Ways and how distinguished and of some Priviledges belonging to the High-ways Page I CHAP. II. Who are to be Surveyors of the High-ways and how and by whom to be chosen and when and what Forfeiture for refusing to take the 〈◊〉 upon them and how to be levied 〈◊〉 disposed of 〈◊〉 CHAP. III. What things are first to be done 〈◊〉 the Surveyors of High-ways 〈◊〉 they have taken the Office 〈◊〉 them and within what time 〈◊〉 under what penalty and how to levied and disposed of 〈◊〉 CHAP. IV. Who and what Persons are to appeâ—â— and labour upon the publick or common Days appointed by the Suâ—veyors for the amendment and 〈◊〉 pair of High-ways and where thâ—â— are to appear and after what maâ—ner and how long they are to worâ—â— and under what Penalties anâ— how to be levied and disposed 〈◊〉 with some Cases and Resolutions râ—lating to these Matters 2â— CHAP. V. How Trees Hedges and Bushes growing in or adjoyning to High-way are to be ordered and to whom the Freehold of High-ways belongs and who shall have the Trees growing therein when they are cut down and about scowring Dikes and Gutters and making of Trenches and what Forfeitures for defaults and neglects and how to be levied and disposed of and what breadth High-ways and Causeys in them are to be 42 CHAP. VI. What Stones and Rubbish the Supervisors may take for the amendment of the Highways and in what places and how they may dig for Sand Gravel c. And when they are necessitated to buy such Materials at their Charges how they are to be reimbursed 52 CHAP. VII How when where and before whom Presentments upon the Statutes for High-ways are to be made and to whom and within what time and before whom account is to be made by Officers for Monies received by virtue of any of the said Statutes 57 CHAP. VIII Hâ—w Lands given for the maintenance of Cawseys High-ways Pavements and Bridges are to be let and how Assessments are to be made and gathered for the repairing of High-ways and of such as make resistance and oppose such persons 〈◊〉 are imployed in the Execution of the Statutes made for amendment of High-ways and concerning Suits that shall be brought about the same 64 CHAP. IX The Surveyors Duty about travelling Waggons Wains Carts or Carriages with an account when and by whom and where the Prices for Goods carried by Waggoners and other Carriers are to be assessed and rated and the Penalties for taking above such Rates 69 CHAP. X. Of Nusances in publick and private Ways how removeable and punishable and where an Action upon the Case lies for a Nusance and where not 73 CHAP. XI An Abridgement of the Statute of 22 H. 8. chap. 5. about the Repair of Bridges with some Expositions and Cases in Law relating thereunto 2 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 93 CHAP. XIII An Abridgment of so much of the Statutes of 15 Car. 2. chap. 1. e and 16 and 17 Car. 2. chap. 10. as concerns the repairing the ancientd High-way and Post-Road froâ—â—d London to York and so into 〈◊〉 land as lies in the several Parishe Towns Vills and Hamlets in the County of Hertford and now revived by the Statute of the fourth and fifth Years of their present Majesties Reigns 121 CHAP. XIV How new Ways may be set out in the Welds of Kent and Sussex and how and by whom Kings Ferry in the Isle of Sheppy and the Ways belonging â—o the same with the Sea Banks and Sea Works on the Coasts of Norfolk are to be repaired and what the Owners and Occupiers of Iron Works are to perform 〈◊〉 pay towards the repairs of the High-ways in Sussex Surrey and Kent 136 CHAP. XV. The Heads of the Statutes made for paving repairing and maintaining the Streets and Lanes in Cambridge Ipswich and Chichester 145 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 151 CHAP. XVII The Heads of the two Statutes made in the 18 and 27 Qears of Queen Elizabeth for the maintenance and reparation of Rochester-Bridge in the County of Kent 156 CHAP. XVIII An Account of the Statutes of the 39 and 43 Eliz. made for repairing and maintaining the Bridge at Wilton upon Wye in the County of Hereford and Edon and Prestberk Bridges in Cumberland 160 CHAP. XIX How Chepstow-Bridge standing between the Counties of Gloucester anâ— Monmouth is to be repaired aâ— maintained 1â— CHAP. XX. Cardiff Newport and Carlion-Bridgâ— in Wales how to be repaired aâ—â— maintained 1â— A GUIDE FOR SURVEYORS OF THE High-Ways CHAP. I. Of High-ways in general how many kinds of Ways and how distinguished and of some Priviledges belonging to the High-ways AN High-way in our Law-Language Co. Lit. f. 56. 2. Terms of the Law and Blounts Lavv Dictionary verb Chimin and Chiminage Crom. Jurisd f. 189. is called Chimin being a French word for Way whereof cometh Chiminage or Chimmage Chiminagium or Chimmagium which signifies a Toll due by Custom for having a Way or Passage through a Forest to the disquiet of the Wild Beasts of the Forest And no Forester but such as hold in 9 H. 3. Charta Forestâ— cap. 1.4 Forest 14. Rest Fee-Farm of the King are to take any Statutes at large printed 1587. f. 5. Wingates Forests Chases c. §. 14. Keb. Stat. printed 1684. f. 7. Raft Forest 14. Chiminage or Chimmage and such who do hold in Fee-Farm are to take it only in such places where it hath been accustomed to be paid viz. Two pence half yearly for a Cart and for an Horse that beareth Loads every half year an half peny and this must be but of such that come as Merchants by licence to buy Bushes Timber Bark or Coal and sell the same again at
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
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
Eliz. ch 13. they are to cut dovvn the Trees and Bushes but by this Act if they be but kept lovv it seems is sufficient Fairing-way or shall not 〈◊〉 down or keep low all Trees and 〈◊〉 growing in or next adjoyning to 〈◊〉 of the said Ways according to 〈◊〉 true intent of 5 Eliz. chap. 13. 〈◊〉 Wing High-vvays sect 20 22. every Offence therein committed 〈◊〉 forfeit and lose for every 〈◊〉 ten shillings to be levied in 〈◊〉 Parish by the Surveyors of the 〈◊〉 ways within that Parish for the 〈◊〉 being by distress and sale of 〈◊〉 in manner and form as Fines 〈◊〉 Amerciaments in Leets have been 〈◊〉 and the Mony to be imployed 〈◊〉 the High-way where the Offence 〈◊〉 committed and in default of 〈◊〉 Surveyors not levying and 〈◊〉 same within one year after the 〈◊〉 committed then to be levied 〈◊〉 aforesaid by the Constables or â—â—urchwardens of the Town or Parish 〈◊〉 the work ought to be done the High-way as aforesaid and 〈◊〉 he or they so levying any of the 〈◊〉 Penalties or Forfeitures shall make 〈◊〉 yield such account as is appointed the Statutes of 5 Eliz. chap. 13. 2 and 3 Ph. and M. or either of 〈◊〉 It is enacted by the Statute of 3 4 W. M. ch 12. and 4 of their present Majesties 〈◊〉 King William and Queen 〈◊〉 That no Tree Bush or Shrub 〈◊〉 be permitted to stand or grow in 〈◊〉 High-way not full twenty Foot Qu. if the High-vvay be not above 20 Foot broad vvhether the Trees c. need be cut dovvn or no by the vvords of this 〈◊〉 but the same shall be cut down 〈◊〉 up and carried away by the â—wner or Owners of the Land or 〈◊〉 where the same grows within 〈◊〉 days after notice given to him or 〈◊〉 by the Surveyors of the Highâ—ays Quare hovv the distrâ—ss shall be taken and penalty levied for here is povver given to Justices to make a Warrant but no Officer named to execute it as is usually done in such Cases in other Statutes or any of them on pain of 〈◊〉 shillings for every neglect to be 〈◊〉 on his or their Goods and 〈◊〉 by distress and sale of the 〈◊〉 by Warrant under the Hand and 〈◊〉 of two or more Justices of the 〈◊〉 of the same Division or in default thereof any neighbouring 〈◊〉 stices of the Peace for the said 〈◊〉 which Warrant the said Justices are make upon information upon Oath any one credible Witness one 〈◊〉 to the Informer and the other 〈◊〉 towards the Repairs of the 〈◊〉 of the said Parish rendring the 〈◊〉 plus if any be to the parties 〈◊〉 the Charges of distress and sale 〈◊〉 first deducted And the Possessors of Land 〈◊〉 3 4 W. M. chap. 12. If the vvay be above 20 Foot broad adjoyning to the High-ways 〈◊〉 they are not twenty Foot broad 〈◊〉 from time to time and at all 〈◊〉 Qu. if the Hedges must be plasht c. for the Intention of the Parliament is That People and Carriages in such narrovv vvays might have free passage and the Sun shine into them to dry them but if they be above 20 Foot broad it seems by these vvords as if there vvere no need of such plashing and pruning keep their Hedges plasht cut or 〈◊〉 so as no Tree Bush or Shrub 〈◊〉 grow or stand in any such 〈◊〉 nor any Bough or Branch 〈◊〉 the same or any part thereof but 〈◊〉 Hedges must be kept cut and 〈◊〉 right up from the Roots so that 〈◊〉 may not spread and hang into 〈◊〉 High-way so that there may be clear and free passage for all sorts Travellers and Carriages and that 〈◊〉 Sun may freely shine into the said 〈◊〉 to dry and amend the same for 〈◊〉 some narrow Ways the Trees 〈◊〉 Hedges over-hang them so much 〈◊〉 neither Sun nor Wind can come 〈◊〉 them and so they are always bad 〈◊〉 besides People who are Strangers 〈◊〉 travel there after it is dark are 〈◊〉 danger of being knockt off their horses or of scratching their Faces or tearing their Clothes or some other mischief Every Supervisor or Supervisors 5 El. ch 13 Stat. at large f. 443 444 Poult High-ways 86. Keb. St. f. 802. sect 6. Dalt J. P. f. 103. Bond. p. 112. Wing High-ways sect 21 12. within the Parish or Limits where they 〈◊〉 Supervisors have power and authority by virtue of the Statute 5 El. 〈◊〉 turn any Water-course or Spring of Water being in the High-ways 〈◊〉 any Ditch or Ditches of the several 〈◊〉 or Soil of any person or 〈◊〉 whatsoever next adjoyning to 〈◊〉 said Ways in such manner and 〈◊〉 as they think fit and convenient 〈◊〉 all such as occupy any Lands 〈◊〉 18 El. ch 10. St. at large f. 609 610. Poult ibid. 15. Keb. ibid. f. 859. sect 6. Wing ibid. sect 2â— to the Ground that joyns 〈◊〉 the High-way in which any 〈◊〉 or scouring should or ought to 〈◊〉 are as often as need requires to 〈◊〉 and scower the said Ground so 〈◊〉 the Water conveyed from the 〈◊〉 over the Ground next 〈◊〉 may have passage over the 〈◊〉 Ground so next adjoyning to it 〈◊〉 pain to forfeit for every Rod 〈◊〉 pence for every time the same not ditched and scowred to be levied by the Surveyors or in thâ— default by the Constables or Chuâ—â— wardens and to be disposed of is shewed before in this Chapâ—â—â— And no person or persons havâ— 18 El. ch 10. St. at large ubi supra Poult High-ways 16. Keb. ubi supra sect 7. Lamb p. 475 Wing High ways sect 21. any Ground by Lease or otherwise â—â—joyning to any High-way or commâ—â— Fairing-way leading to any Maâ—â— Town shall cast and scour 〈◊〉 Ditch and throw or lay the 〈◊〉 thereof in the High-way and suffeâ— to lie there by the space of six moâ—â— to the annoyance of the said Hâ—â—â—â—way or common Fairing-way 〈◊〉 That is by the Surveyors or in their default the Constables Churchwardens see before in this Chapter pain to forfeit for every Load two pence to be levied and disposed o◠〈◊〉 the same manner as aforesaid 〈◊〉 where any Soil hath been cast into High-way heretofore that there 〈◊〉 Bank between the said Way and 〈◊〉 Ditch the Surveyors are to 〈◊〉 Sluces or other Devices by their â—â—â—cretions to convey the Water out 〈◊〉 the said Way into the Ditch 〈◊〉 3 4 W. M. ch 12. where the Ditches and Drains alreâ—â—â— made are not sufficient to carry off Water that lies upon the High-way Before the making of this Stat. 3 4 W. M. they had no such power of making Drains in Mens Grounds the Surveyors may make new Ditchâ—â— and Drains in and through the Laâ—â— next adjoyning to the said High-waâ— and keep them scoured cleansed 〈◊〉 open and come upon any of the â—â—d Lands which their Workmen for doing It is enacted by the Statute 3 and 4 3
their Goods and Chattels by distress and sale of them by Warrant under the Hand and Seal of two or more Justices of the Peace of the same Division or in default thereof any neighbouring Justices of the Peace for the said County upon information of any one credible Witness upon Oath the one moiety of which said Forfeiture shall be to the Informer and the other moiety for and towards the Repairs of the High-ways of the same Parish rendring the overplus if any be to the party or parties distrained If the Offender lives in one Parish and the Offence is committed in another qu. which Parish shall have the moiety for repairs upon the Charges of the distress and sale being first deducted And if any Timber Stone Haâ— Straw Stubble or other Matter for making of Dung or on any other pretence whatsoever shall be laid in such High-way as aforesaid whereby the same shalâ— Not being 20 foot broad be any ways obstructed or annoyed the Owners or Possessors of the Land next adjoyning to the same shall cleâ—â— the said Way by removing such things and take and dispose of the If the High-way be 20 foot broad qu. whether the Owners or Possessors of the Lands may then remove dispose of such Annoyances for it seems by the vvords of the Statute as if they could not same to his and their own use and iâ— such Owner or Occupier neglect to remove such Nusances or to cleanse 〈◊〉 scour their Ditches Gutters and Drains adjoyning to the said High-ways 〈◊〉 to cause the Earth taken out thereoâ— to be carryed away and lay sufficient Trunks Tunnels or Bridges where Earth taken out of Ditches Gutters and Drains to be carried avvay any Cart-ways are into the saiâ— Grounds for the space of ten dayâ— after notice given to him her or them by the Surveyors for every such Offence they shall forfeit five shillings to be levied and disposed of in manneâ— aforesaid For a common Nusance in a comâ—on 2 E. 4. f. 9. a. pl. 21. 5 E. 4. f. 2 b. pl. 24. 27 H. 8. f. 27. a. pl. 10. Tr. 41 El. B. R. Fineux and Hovedens Case Cro. El. f. 664. pl. 15. Co. Rep. 5. lib. f. 73. a. 9 lib. f. 113. a. Co. Lit. f. 56. a. Rolls Cases 1 p. f. 88. Kitch Court Leet printed 1581 p. 49. a. 50. a. High-way as where a Ditch is â—ade or Pale erected cross a Way or its are digged therein so that a Man â—annot pass or dead Horses Beasts â—wine Dogs or other Carrion or â—nnoyances are laid and thrown in the â—igh-way to the great disturbance of â—â—e People passing that way yet for â—hese common Nusances a Man shall â—ot have an Action upon the Case â—nd this the Law hath provided for â—voiding the multiplicity of Suits â—or if one Man might have an Action â—ll might have the like and then one Co. Rep. 4 lib. 43. a. might be punished an hundred times for one Offence And nemo debet bis â—uniri pro uno delicto So the Law for these common Nusances which â—s commune Nocumentum and equal to all their Majesties Liege People hath provided an apt Remedy and that is by presentment in the Leet Tourn or Sessions c. But in these Vaugh. Rep. f. 335 341. Cases if any Man have a particular damage by them as if he and his Horse fall into the Ditch or Pits or his Horse startle at the Carrion or other Annoyance thrown into the Street and throws him whereby he receives damage or harm for this particular damage which is not common to other he shall have an Action upon thâ— Case But if a Man have a particular dâ—mage Vaugh. Rep. f. 340 The Common Lavv epitomized printed 1679. p. 53. by a foundrous Way he is generally without remedy and the reason is because a foundrous Way or decayed Way or the like is commonlâ— to be repaired by some Parish Township Vill Hamlet or County who arâ— not Corporate and therefore no Action lies against them for a particulâ—â— damage but their neglects are to bâ— presented and they punished by Finâ— to the King but if any particulaâ— Person or Body Politick be chargeable with the Repairs in such Case â—â— may have an Action against such Person or Body Politick who ought to repair for his damages because hâ— can bring his Action against them but where there is no person certain against whom to bring his Action iâ— is as if a Man be damaged by one thâ—â— cannot be found If a private Way be stopped â—â— F. N. B. f. 184. 407 Kitch printed 1581. p. 49. a. 50. a b. 1 R. 3. f. 1. a. Mich. 8 El. C. B. Leon. Rep. 3 p. f. â—3 ca. 31. straightned or other injuries done there to the disturbance of him or them that have right to pass there and hath a Freehold in the Estate for which he claims such right he may in such case have an Assize of Nusance Quare â—njuste obstruxit vel arctavit vel â—bstupavit quandam viam c. for â—indring or straightning his way c. And if he be no Freeholder that is disturbed thus of his way then he may have an Action upon the Case But Justice Pollard said there is a diâ—ersity 2 H. 4. 11. 22 H. 6. f. 15. a. 14 H. 8. f. 31. b. pl. 8. Pas 8 El. Dyer f. 250. b. pl. 88. The Common Law epitomized p. 52. where the Way is wholly stopped so that one cannot pass for there â—n Assize of Nusance lies and where the Way is stopped but in part so that one may pass narrowly for there an Action of the Case lies so there is a diversity when the Way is straightned in part and when wholly stopped which all the Justices agreed but notwithstanding this diversity later Pas 38 Eliz. B. R Alston and Pamphyns Case Cro. El. f. 466. pl. 22. 21 H. 7. f. 30. a. pl. 5. Tr. 43 El. in Cam. Scaccar in Cantrel Church Case Cro. El. f. 845 pl. 3â— Tr. 11 Jac. 1 B. R. Coâ—â—cote Tucker Rolls Cases 1 p. f. 104. L. 30 35. Mich. 8 Jac. 1. Pollard Casy Bolâ—â—r Rep. 1 part f. 47. Judgments have over ruled this Opinion for it hath been resolved and â—djudged upon consideration had of the Books that the Party may either bring an Assize or an Action upon the Case at his Election whether the Way be wholly stopped or but in part and so an Assize is now very rarely brought but Actions upon the Case altogether And the reason why an Action lies 1 R. 3. f. 1. â— Tr. 41 El. B. R. Cro. El. f. 664. pl. 14. Co. Lit. f. 56 a. Sheppards Actions of the Case chap. 5. sect 5. p. 252. for a Nusance in a private Way and not for a Nusance in a publick Way is because that a private Nusanâ—â— is not inquirable in the Leet or Tourâ— and it was said in the Case betweeâ—
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
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-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-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