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land_n	say_a	value_n	yearly_a	2,391	5	10.4409	5	true

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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A56493	A new guide for constables, headboroughs, tythingmen, church-wardens, overseers and collectors for the poor, surveyors for amending the highways and bridges with directions for keepers of fairs and markets, and treasurers for the relief of poor maimed soldiers and mariners : containing not only whatsoever may be useful to them in the execution of their several offices, that is already extant in any book of this kind, but also the heads of all those statutes which do concern any of the said offices that have been since made in the reigns of the late King Charles, King James, and their present Majesties, King William and Queen Mary : being the most compleat of any work of this nature / collected by J.P. Gent.	J. P., Gent.	1692 (1692)	Wing P60; ESTC R5423	90,373	182

to two Justices of the Peace within twenty eight days after new Scavengers are Elected and to pay what Mony remains in their Hands to the new Scavengers The Scavengers and Rakers for any of the said Parishes shall have liberty by the Order of the Justices in the Petty-Sessions or any two of them to lodge their Soil in such vacant places near the Streets or High-ways a● shall be thought convenient by the said Justices for the accommodation of the Country Cart● returning empty from the said Parishes they giving satisfaction to the Owners of such vacant places and in case of unreasonable Demands the Justices in their Petty Sessions may hear and moderate the same If any Persons find themselves aggrieved with the Rates made by virtue of this Act or any ways prejudiced by the determination of the Justices in their Petty-Sessions they may have recourse to the Justices at their General Quarter Sessions of the Peace And whereas there are many Common High-ways within the said Parishes which cannot be sufficiently repaired by means of the Laws now in force an Assessment may be made upon all the Inhabitants Owners and Occupiers of Lands and Houses or personal Estate usually ratable to the Poor within any of the said Parishes to be collected by such Persons as the Justices shall appoint at their General Quarter-Sessions the Mony so collected to be employed as the Justices shall direct towards repairing the said High-ways No such Rate shall exceed four pence in the Pound in any one year in the yearly value of Lands Houses or Tenements nor of eight pence for every twenty pounds in personal Estate No Person or Persons whatsoever shall suffer his Waggon Cart or Car to stand in the Hay-market near Pickadilly in the Parish of St. Martin in the Fields St. James within the Liberty of Westminster Borough of Southwark or any other place in the Parishes within the Weekly Bills of Mortality loaden with Hay or Straw to sell the same from Michaelmas to Lady-day after two of the Clock in the Afternoon and from Lady-day to Michaelmas after one in the Afternoon on pain to forfeit five shillings for every Offence and Neglect The Owners and Proprietors of any Cart Car or Dray the Wheels whereof shall not be made six Inches in the breadth or shall be shod with Iron or be drawn with above two Horses shall forfeit forty shillings for every time such Cart Car or Dray shall be used for the uses and to be levied as aforesaid This shall not extend to any Country Cart or Waggon that shall bring any Goods to the Cities or Places aforesaid or shall carry any Goods half a Mile beyond the paved Streets of the said Cities and Places One Justice of Peace upon View or Confession or Oath of one Witness may convict any of the Offences aforesaid If Conviction be upon proof one Moiety to the Overseers of the Poor for the Relief of the Poor of the Place where the Offence was committed the other Moiety to him that shall discover and prosecute the same But if the Conviction shall be by the View then one half to the Poor the other towards repairing and cleansing the Streets to be paid to the Scavengers of the Place to be levied by the Justices Warrant under Hand and Seal to the Constable by Distress and Sale or for want of Distress or Payment within six days after notice at the House to be sent to Goal without Bail u●●●● payment No Person within the Cities of London and Westminster and Liberties of the same Borough of Southwark and Parishes aforesaid shall breed feed or keep any Swine in any Houses or Backsides of the paved Streets where the Houses are contiguous on pain to forfeit the same to the Churchwardens and Overseers of the Poor of the Parish where such Swine shall be kept to the use of the Poor The Churchwardens Chappel-wardens Overseers of the Poor Constables Beadles Headboroughs or Tythingmen of any the Parishes in the said Cities and Places respectively in the day-time with a Warrant under the Hand and Seal of the Lord Mayor or any other of their Majesties Justices of the Peace may search for such Swine and if any be found they may seize and carry them away and sell them for the best price that can be had and distribute the Mony to the Poor of the Parish where they were seized CHAP. VI. Several Cases about the Repairs of Bridges with the Names of the Statutes which concern particular Bridges WHere a Common Bridge in the Kings High-way is in decay and that it cannot be proved or known who nor what Lands are chargeable to the repairing thereof in this case four Justices of the Peace whereof one to be of the Quorum within the Shire or Riding wherein such decayed Bridges be and if they be in a City or Town Corporate then fort such Justices of Peace there may within the Limits of their several Commissions call before them the Constables or two of the most honest Inhabitants of every Town and Parish within the Shire Riding City or Town Corporate wherein such Bridge or any parcel thereof shall happen to be and the Justices upon the appearance of the Constables or other Inhabitants and with their Assents may Tax every Inhabitant in any such City Town or Parish within their Limits to such reasonable Sum of Mony as by their Discretions they shall think convenient as well for the repairing of such Bridge and also for the making and repairing of the High-ways by the space of 300 Foot next adjoyning to the Ends of any such Bridges 22 H. 8. c. 5. Dalt J.P. c. 16. f. 44. Co. 2 part Inst f. 701 702. But Note Where the Franchise City or Borough is a County of it self and hath not four or more Justices of the Peace whereof one or more are of the Quorum in this case no other Justices of the Peace of any Shire or County have any power to meddle there by this Act but such decay must be reformed by the Common Law by such Remedy as they were before the making of the Statute of 22 H. 8. Co. 2 part Inst f. 702. And note That this Taxation ought not to be made by the Justices without the Consent of the Constables or Inhabitants nor by them without the Justices and this Tax ought to be upon every Inhabitant in particular and not to be set upon the Hundred Parish Town c. for then one or two might be distrained upon for the whole Co. 2 part Inst f. 704. After such Taxation made as aforesaid the said Justices of Peace shall cause the Names and Sums of every particular Person so by them taxed to be written in a Roll indented in Parchment for every Hundred and sealed with their Seals Co. 2 part Inst fol. 704. Dalt J.P. c. 16. ibid. And the said Justices may make two Collectors of every Hundred for the Collecting of all such Sums of Mony by the said Justices set

Essoign ●rotection or Wager of Law shall be allow●d And in case any Person or Persons shall resume to take upon him or them to impress ●ny Horses Oxen Cart Wain or Carriages for ●is Majesty's Service other than the Person so ●mpowered then he or they so offending ●●all upon due Conviction of the said Offence ●●cur and suffer the Punishment contained in ●●e Act of 12 Car. 2. And it is further Enacted That the High ●onstable or Constables the Mayor Bailiff 〈◊〉 other Chief Officer who shall be required ●y this Act to warn the said Carts and Car●●ages as in the said Act directed do make a ●eturn in Writing to the Clerk or other Of●●cer of the Carriages of the Names and Places 〈◊〉 Abode of every such Person who is so ●arned to bring in his Cart or Carriage to ●●e intent it may be known in case of any ●●llure who is in default and the said Con●●ables and other Chief Officer or Officers ap●ointed by this Act to warn in the said Car●●ages as abovesaid may be discharged and ●●demnified and the Defaulters punished as ●n this Act is provided 14 Car. 2. c. 20. For providing Carriages by Land and by Water for the use of his Maje●●y's Navy and Ordnance Two or more Justices of the Peace by Warrant from the Lord High Admiral of England or two or more 〈◊〉 the principal Officers or Commissioners of th● Navy or the Master of his Majesty's Ordnance or the Lieutenant of his Ordnance are t● provide Carriages with Horses and Oxen o● of the Country not being above twelve Mil● distant from the place of lading the Owne● of which Carriages or their Servants are 〈◊〉 receive twelve pence a Mile for every Load 〈◊〉 Timber and eight pence a Mile for every T●●● of other Commodities And all such Persons 〈◊〉 neglect or refuse to make their appearance u●on Oath thereof made before the Justices b● the Constable or two Witnesses the Perso● refusing or neglecting forfeits twenty shilling● to be levied by Distress and Sale of his Good● by Warrant from the said Justices Mayor 〈◊〉 other chief Officer or from the principal O●ficers or Commissioners of his Majesty's Nav● or Master or Lieutenant of his Majesty's Or●nance rendring to the Owner the overplus 〈◊〉 any be first deducting the Charge of Distrai●ing No Horses c. or Land-Carriage shall 〈◊〉 forced to travel more days-journy from the place where they receive their Lading nor b● compelled to continue longer in the Employment than the said Justices shall appoint an● that ready Mony be paid to the Parties in han● at the place of Lading according to the Rat● aforesaid Stat. ibid. The said Act of 14 Car. c. 20. 13 c. 8. are 〈◊〉 continue until the end of the first Session of th● next Parliament and expired but revived b● 1 Jac. 2. for 7 years from June 21 1685. and 〈◊〉 continue to the end of the first Session of the next Parliament CHAP. VIII The Constables Office about Irish Cattel 〈◊〉 any great Cattel Sheep or Swine or any 〈◊〉 Beef Pork or Bacon except such as is the necessary Provision of the respective ●●●ps or Vessels in which the same be brought 〈◊〉 exposing the same or any part thereof 〈◊〉 sale shall by any wise whatsoever be ●●●●ported or brought from Ireland or any ●●●er Part beyond the Seas into the King●●● of England Dominion of Wales or Town 〈◊〉 Berwick upon Tweed in such case the ●●●stable Tythingman Headborough Church●●●dens or Overseers of the Poor or any of ●●●m within their respective Liberties Pa●●●es or Places may take and seize the same 〈◊〉 keep the same during the space of ●●●nt and forty hours in some publick or ●●●venient place where such seizure shall be ●●de within which time if the Owner or ●●ners or any for him or them shall make ●ppear unto some Justice of Peace of the ●●e County where the same shall be so sei●●● by the Oath of two credible Witnesses ●●t the same were not imported from Ireland from any other Place beyond the Seas ex●●●t the Isle of Man then the same upon 〈◊〉 Warrant of such Justice of Peace is to be ●●●ivered to the Owner or Owners without de●●● 18 Car. 2. c. 2. But in default of such Proof and Warrant ●n the same to be forfeited and one half ●●reof to be disposed to the use of the Poor of the Parish where the same shall be so fou●● and seized and the other part thereof to 〈◊〉 or their own use that shall so seize the sam● 18 Car. 2. c. 2. Such Cattel as are imported from the I●●● of Man before excepted into England are not to exceed the number of six hundre● in one Year and they are to be of no oth●● Breed than of the Breed of the Isle of Ma● and all to be landed at the Port of Chester 〈◊〉 some of the Members thereof and not els●where 18 Car. 2. c. 2. This Act was to continue for seven Yea●● and from thence to the end of the first Ses●●on of the next Parliament And is now by t●● Statute of 32 Car. 2. c. 2. revived and ma●● perpetual But these former Remedies not proving effectual for the prevention of the Transpo●●ing of the Cattel aforesaid it is further pr●vided That whensoever and as often as 〈◊〉 shall happen either through any fraud●lent Agreement or unfaithful Connivence 〈◊〉 any Constable Headborough Tythingm●● Churchwarden or Overseer of the Poor 〈◊〉 that it shall happen any otherwise howsoev●● that any great Cattel Sheep Swine Be●●● Pork or Bacon after the first Seizure 〈◊〉 them or any of them by Virtue of the afor●said Act shall be driven brought carri●● into or found in any other Parish or Plac● than where the same shall be first seized 〈◊〉 aforesaid That then and so often and fro● time to time it shall and may be lawful 〈◊〉 and for the Constable Tythingman Headb●rough Churchwarden or Overseer of t●● Poor of every or any such other Parish or Place where such great Cattel Sheep Swine Beef Pork or Bacon shall be brought driven or carried into or found as aforesaid to seize ●ake and dispose of the same and every or any of them as forfeited The one Moiety thereof to the use of the Poor of such other Parish or Place where such Seizure shall be made the other to the use of such Officer or Officers who shall seize the same as aforesaid any other or former Seizure or Seizures in any other Parish or Parishes Place or Places notwithstanding Stat. 20 Car. 2. c. 7. And now by the Statute of 32 Car. 2. c. 2. ●t is further provided That any Person may make such Seizures as well as the Constables or other Officers or Inhabitants And that to prevent fraudulent Seizures and Compositions the Seizors shall within six days after Conviction and Forfeiture cause the said Cattel Sheep and Swine to be killed and the ●ides and Tallow shall be to the Seizor and ●he Remainder to be

Party died of the Plague If any Person be prosecuted for what he shall do in pursuance to this Act he may plead the General Issue and give this Act in Evidence And upon a Nonsuit Discontinuance or Verdict for him or Judgment upon a Demurrer he shall have treble Costs 30 Car. 2. c. 3. And now by the Statute of 32 Car. 2. where no Justice of Peace shall reside or be to be found in any Parish where any Party shall be interred such Oaths or Affidavits may be adminstred not only by such Magistrates as aforesaid but by any Parson Vicar or Curate in the same County other than of the Parish or Chappel of Ease where the Party is interred and they are to attest the same under their Hands gratis 32 Car. 2. c. 1. The Overseers Duty about Irish Cattel See Duty of Constables ch 8. Their Duty in suppressing Conventicles See Duty of Constables ch 9. Note That the Overseers of the Poor are to receive for the use of the Poor of the Parish where the Offence is committed of such who kill or take in the night-time any Conies upon the Borders of Warrens or other Grounds lawfully used for keeping of Conies except Owners c. or Persons by them imployed and of such who use Snares Harepipes or other like Engines or who take any Fish by any Net Angle or other Device whatsoever in any Water or River or shall be assisting thereunto without consent of the Lord or Owner of the said Water what Sum the Justice of Peace before whom such Offender shall be convicted shall think meet not exceeding ten shillings which he is to pay over and above recompence to the Owner And in default of payment thereof he that takes or kills such Conies or useth Snares c. shall be committed to the House of Correction for any time not exceeding one month And the Goods of him that takes such Fish shall be liable to distress and for want of a Distress he shall be committed to the House of Correction for any time not exceeding one month unless he enter into Bond with one or more Sureties to the Party injured not exceeding ten pounds never to offend in like manner 22 and 23 Car. 2. c. 24. A GUIDE FOR SURVEYORS OF High-ways and Bridges CHAP. I. How many Sorts of Ways there are of the Choice of these Officers with some few General Cases concerning Highways THere are three kind of Ways First A Foot-way called Iter quod est jus eundi vel ambulandi hominis Secondly a Foot-way and an Horse-way called actus ab agendo and this vulgarly is called a Pack or Drift-way and is both a Foot-way and Horse-way Thirdly A Cart-way c. called Via or Aditus and containeth the other two and a Cart-way also for this is jus eundi vehendi vehiculum jumentum ducendi and this is two-fold viz. Via Regia The Kings High-way for all Men communis Strata belonging to a City or Town or between Neighbours It is called the Kings High-way for that the King at all times hath therein Passage for Himself and his People and may punish all Nusances therein though otherwise the Interest be in the Lord to bring his Action for digging therein or other like Trespass there done Dalt J.P. c. 50. f. 101. and see Rolls Cases 1 part f. 392. 2 E. 4. 9. 8 E. 4. 9. 17 E. 3. f. 43. Bro. Chemine 10 11. Leet 3. 27 H. 6. f. 9. 8 H. 7. f. 5. The High-way is not only the Common Tract where Carts Carriages and People have gone but if the Way be Foundrous that People cannot pass in the Common Tract and there be Out-lets out of it into the Soil of another adjoyning the People may in such extremity use those Out-lets upon anothers Soil although it be sowen with Corn And that is in such case the Kings High-way as well as the other for the Kings Subjects must have a convenient Passage as was resolved in a Try●● at Bar against Sir Henry Du●comb Tr. 10 Car. Rolls 1 part of Abridgment fol. 390. Therefore where a Way goes through a Mans Land and the Owner of the Land Fence it on both sides he by so doing hath made himself liable to repair the High-way and keep it passable and it is not sufficient for him to keep it in as good repair as it was at the time of the Inclosure for by so doing he hath straitned the High-way Dalt J.P. c. 50. f. 98. The Constables and Churchwardens of every Parish shall yearly upon Tuesday or Wednesday in Easter Week call together a number of the Parishioners and then make choice of two of the Parish to be Surveyors of the High-ways the Year following who shall forthwith take that Office upon them on pain to forfeit twenty shillings a piece 2 3. Ph. Mar. c. 8. The Constables and Churchwardens are then also to appoint six days betwixt that and the four and twentieth day of June for the amendment of the High ways and to give publick notice thereof in the Church the next Sunday after 2 3 P. M. c. 8. 5 El. c. 13. High-ways must be sufficiently amended at the charge of the whole Town And it is not enough for the Inhabitants to do their full six days work yearly except their Ways be all well and sufficiently repaired thereby For if all their said Ways be not sufficiently amended the whole Town may be indicted therefore and if six days work in the year will not serve ●o amend them the Surveyors may yea must appoint more days Dalt P.J. c. 50. f. 101. The Owner of Lands if he be not the Occupier thereof ought not to be charged towards the repair of the common High ways but the Tenant who occupies the Lands is to be charged Bill 1● Car. 1. Br. in one Fosters Case per Curiam Roells Cases 1 part f. 390. All Fines and Forfeitures assessed in the Sessions upon the Statute 5 El. about High-ways must be Estreated by the Clerk of the Peace and must be levied accounted and imployed as i● appointed by the 2 3 Ph. Mar. c. 8. 5 El. c. 13. The Surveyors upon Warrant from two Justices of Peace are to levy by distress and sale of Goods the Forfeitures of all such Persons as offend against the 18 El. 10. in not Scowring their Ditches c. and if they neglect by the space of a year after the offence committed to levy the Forfeiture Then the Justices may send to the Constable and Churchwardens to levy the same 18 El. c. 10. By the Stat. 22 Car. 2. c. 12. All Constables and Surveyors of the High-ways shall put in execution the Statutes for repairing and inlarging High-ways and levy the Penalties thereby imposed And every Constable or Surveyor of the High-ways neglecting so to do or wilfully suffering any Waggons or Carts to pass through his Limits with any more Horses or Cattel or in any other manner than

and taxed which Collectors receiving the one part of the Roll indented have power thereby to collect all the Sums of Mony therein contained and if refusal be made upon demand then to distrain and sell such Distress rendring the overplus to the Owner if any be Dalt J.P. c. 16. f. ibid. 22 H. 8. c. 5. Co. 2 part Inst f. 705. The said Justices also are to appoint two Surveyors who shall see such decayed Bridges and Ways repaired and amended from time to time as often as need shall require to whose Hands the Collectors must pay the Monies by them received Dalt J.P. c. 16. ibid. 22 H. 8. c. 5. And the said Collectors and Surveyors and their Executors and Administrators and every of them shall from time to time make a true Account to the said Justices of Peace of the Receipts Payments and Expences of the said Sums of Mony and if any of them refuse so to do then the Justices of Peace from time to time by their Discretions may make out Process against the said Collectors and Surveyors their Executors and Administrators by Attachment Precept or Warrant under their Hands and Seals returnable at their General S●ssions of the Peace and the said Justices may allow such reasonable Costs and Charge to the Surveyors and Collectors upon their Accounts as to them shall seem convenient 22. H. 8. c. 5. Dalt J. P. c. 16. ibid. If any such Bridge be wholly in a City or other Corporate Town the Inhabitants of the said City or Corporate Town must repair it and where such Bridges lie out of such City or Corporate Town the same must be made by the Inhabitants of the Shire or Riding within which the same Bridge shall be and if part of the Bridge be in one Shire or Riding City or Corporate Town and part in another then every of them shall be charged to make and repair such part as shall lie and be within their own Limits 22 H. 8. c. 5. Co. 2 part Inst fol. 207. Dalt J.P. c. 16. fol. 45. But otherwise no Village or Freeman shall be compelled to make any Bridge but such as of old time and by right they were wont to make Magna Charta c. 15. By the Common Law some Persons were ●ound to repair Bridges Ratione tenurae su● Ter●●ram c. and this was binding into whose Hands soever the Estate did come but they which have Lands on the one side or on the other or on both are not bound in Common ●ight to repair the same 44 El. 3. 31. 21 E. 4. ●6 5 H. 7. 3. Crompt 186. 8 H. 7. 5. b. Co. 2 part ● ● f. 700. If a Man which holdeth 100 Acres of Land ●ught to repair a Bridge by tenure of the same 〈◊〉 allen 20 Acres thereof to one Man and 10 ●cres to another Man in such case every Owner 〈◊〉 Occupier of such Lands must be charged ●roportionably for their said Lands Regist 268. o. ● N. B. 235. b. Co. 2 part Inst f. 700. Again Some by the Common Law were bound ●y prescription to repair a Bridge but herein ●here is a diversity between Bodies Politick or Corporate Spiritual or Temporal and Natural Persons For Bodies Politick c. may be bound by usage and prescription only because they are local and have a perpetual Succession and never die but a Natural Person cannot be bound by the Act of his Ancestor without Assets or some Profit to be taken therefore 21 E. 4. fol. 38. b. 27 Ass 8. Crompt 187. Co. 2 part f. 700. Dalt J.P. c. 16. f 45. By Common Right Bridges are to be amended by the whole County if it be not known who ought to do the same otherwise Pasch 19 E. 3. 28 29. Co. 2 part Inst. f. 701. Crompt 186. b. Tr. 10 Car. 1. the Case of Longford Bridge Rolls Cases 1 part f. 368. Cro. Rep. 3 part the same Case If a Man erect a Mill for his own particular Profit and cut a new Course for the Water to come to it and makes a new Bridge over the same and the Kings Subjects use to ride over the same as over a common Bridge such Bridge ought to be repaired by him who hath the Mill and not by the County because he erected it for his own Benefit 8 E. 2. B. R. adjudged for Bow Bridge and Channel Bridge against the Prior of Stratford Rolls Cases 1 part f. 368. Such as are chargeable to repair a Bridge may enter upon any other Mans Land or Soil adjoyning and lay their Stone Lime Timber or other Things necessary there for the repairing and amending thereof and the Owner of the Lands shall have no Action therefore for it is for the common Profit and the Party that is chargeable to repair a Bridge must also maintain the Way at each end thereof thoug● the Soil be to another and if the ends be broke● by the Water-course he must follow the Water-course and repair the Way c. Crompt 186. b. 43 Ass Dalt J.P. c. 16. f. 46. The Names of some Statutes for particular Bridges follow 8 H. 6. c. 28. For the making of Burford and Culhamford Bridge 18 E. 1. c. 7. 27 E. c. 25. For the maintenance of Rochester Bridge 18 El. c. 20. For repair of the Bridges within a Mile of Oxford 23 El. c. 11. For the maintenance of the Bridges over Tosse in Wales 39 El. c. 23. For making and repairing of Newport and Carlion Bridges over the River Usk. 39 El. c. 24. For building and maintenance of a Bridge at Wilton upon Wy near Ross in Herefordshire 43 El. c. 16. For erecting and repairing Edon and Presberk Bridges in Cumberland 3 Jac. c. 23. For making and repairing Chepstow Bridge By the Stat. 22 Car. 2 c. 12. It is Enacted That the Surveyors and Orderers of the Work of amendment of the High-ways shall be yearly chosen in Christmas Week according to the Stat. 2 3 P. M. c. 8. Which Persons so chosen shall take upon them that Office and shall appoint six days for providing Stones Gravel and other Materials and for working in the High-ways having respect to the Season of the Year and Weather and giving notice publickly some convenient time before the several days At which day all Persons liable to the said Work shall attend and work And the said Surveyors and Orderers shall make return of the Defaulters and every of them within one Month to some neighbouring Justice of the Peace of the same County DIRECTIONS for the Keepers of Fairs and Markets FAirs are accounted things of Franchise and Priviledge as well as of Profit and whether they be held and claimed by Charter of the King or by Prescription which supposes a former Charter they ought to be holden for no longer time than such Grant or Use will warrant And after such time what is done there is not warranted or justifiable nor amounts to more than a private Transaction and the Sheriff ought