Parish where the Offence was committed to be imployed for the amendment of the High-ways of the same Parish Actions brought against any Person 22 Car. 2. ch 12. Keb Stat. at large printed 1684. f. 1394. sect 3. Wingate High-vvays sect 33. or persons for any thing done by means of the Act of 22 Car. 2. for repairing of the High-ways shall be â—aid in the proper County where the Fact was done and not elsewhere and the Defendants may plead the general Issue and give the special Matâ—er in Evidence and if there be a Verdict for the Defendant or the Plaintiff be non-suited or discontinue â—is Action the Defendant shall recover his treble Costs sustained by reasoâ— of such Action or Suit And if any Action or Suit shall bâ— 3 4 W. M. chap. 12. commenced or prosecuted against anâ— person or persons authorized to 〈◊〉 the Act of 3 and 4 of their Mâ—jesties Reigns King William anâ— Queen Mary made for repairing High-ways in Execution the Defendanâ— may plead the general Issue and 〈◊〉 the special Matter in Evidence and 〈◊〉 the Plaintiff be non-suited or foâ— bear farther prosecution or discontinue his Action or a Verdict 〈◊〉 against him or her the Defendaâ—â— or Defendants shall recover doublâ— Costs for which he and they shâ—â— have the like Remedy as in Case where Costs by Law are given to Defendants 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 Penalty for taking above such Rates NO travelling Waggon Wain 22 Car. 2. ch 12. Keb. Stat. at large printed 1684. f. 1395. sect 6 7. Dalt J P. f. 106. Wing High-ways sect 35. Cart or Carriage wherein any Burthens Goods or Wares are or shall be carried other than such Carts and Carriages as are imployed about Husbandry and manuring of Lands and in the carrying of Hay Straw Corn unthresht Coal Chalk Timber for Shipping Materials for Building Stones of all sorts or such Ammunition or Artillery which shall be for their Majesties Service shall at any one time travel or be drawn or go in any common or publick High-way or Road with above five Horse-Beasts at length and if any shall draw with a greater number of Horses or Oxen they shall all draw in Pairs that is to say two a Breast for such numbers as they shall use except one Horse and every Owner of any Waggon Cart Penâ—lty for offending Wing Highways sect 36. Carriage Horse Beasts or Oxen offending therein shall for every Offence forfeit forty shillings one third part to the Surveyors of the High-ways of the Town Village or Hamlet where the Offences shall be committed one other Penalty how to be disposed third part to the Overseers of the Poor of the Parish where the Offences shall be committed for the use of the Poor of the said Parish and the other third part to him that shall discover the same to be imposed on such Offender by any Justice of the Peace of the Place or Division where such Offence is committed upon the Conviction of the Offender by the Oath of one credible Witness or upon the Justices own view and to be 〈◊〉 Penalty â—y whom to be levied by the High-Constable or other Officer of such Place or Division by Warrant under the Hand and Seal of such Justice of the Peace upon the Goods and Chattels of such person so offending rendring the overplus to the Owner thereof all necessary Charge in levying the same being first deducted And every Surveyor of the High-ways 22 Car. 2. ch 12. Keb Stat. at large printed 1684. f. 1394. sect 1. Wingate High-ways sect 30. wilfully suffering any Waggon â—r Carts to pass through his respective â—imits with any more Horses or â—ther Cattel or in other manner than â—foresaid upon complaint thereof made â—o any Justice of the Peace of the â—lace or Division where such neglect 〈◊〉 and conviction of the Party by the Oath of one credible Witness or upon â—he view of the Justice himself shall â—ncur such Fine as the same Justice â—hall think fit to impose not exceeding forty shillings to be levied by the High-Constable or other Officers as aforesaid and to be imployed for the amending the High-ways of the Parish or Place where such neglect shall be found as the said Justice or Justices shall appoint for the doing thereof To prevent the Abuse occasioned 3 4 W. M. ch 12. by the Combination of Waggoners and other Carriers in raising the Prices of Carriage of Goods in many Places it is enacted by the Statute of 3 and 4 of their Majesties Reigns King William and Queen Mary That the Justices Prices of Land-Carriage for Goods to be set by the Justices of Peace of the Peace of every County and other Place within the Realm of England or Dominon of Wales at their respective Quarter or General-Sessions after Easter-day yearly aâ—â— to assess and rate the Prices of aâ— Land-Carriage whatsoever of Goodâ— to be brought into any place oâ— places within their respective Limitâ— and Jurisdictions by any commoâ— Waggoner or Carrier and to certifâ—â— the said Rates to the several Mayoâ—â— and other chief Officers of each respective Market-Town within their said Limits and Jurisdictions to be hung up in some publick place in every such Market-Town that People may resort to it for their Information and no common Waggoner or Carrier is to take above such Prices so set upon pain to forfeit for every Offence five pounds to be levied by distress and Qu. who shâ—ll levy by distress for no Officer is named sale of his and their Goods by Warrant of any two Justices of the Peace where such Waggoner or Carrier shall reside rendring the overplus of the value of the Goods so distrained to the Owner or Owners thereof the necessary Charges of making and selling such distress being first deducted and the Forfeiture to the use of the Party grieved CHAP. X. Of Nusances in publick and private High-ways how removeable and punishable and where an Action upon the Case lies for a Nusance and where not NUsance comes from the French Blounts Law Dictionâ—y verb. Nusance word Nuire id est Nocere to hurt or annoy By the Statute of 3 and 4 of King 3 4 W. M. ch 12. William and Queen Mary it is enacted That no person or persons whatever Qu. if the High-way be above 20 Foot broad whether the laying such things in the way be punishable by this Statute shall lay in any High-way not being twenty Foot broad any Stone Timber Straw Dung or other Matter whereby the same shall be any ways obstructed or annoyed on pain to forfeit for every such Offence the Sum of five shillings to be levied on Qu. who shall levy for no Officer is named by the Act his or
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
before some Justice of the Peace of the County where the Robbery was committed living in or near the same Hundred whether he knew the Party that robbed him or any of them and if he do then before he commence his Action he must enter into sufficient Bond by Recognizance before the said Justice effectually to prosecute the same Person or Persons so known by Indictment or otherwise according to Law and the Party robbed Hill 14 Jae 1. Norris Case Hob. Rep. f. 139 140. Keb. f. 885. sect 9. is to commence his Action within a year after the Robbery committed or else the Hundred shall not be charged therewith nor shall they be charged Mich. 12 Car. 2. B R in Baskervils Case Siderf Rep. 1 pars f. 11. if the Robbers or any of them bâ— taken but then such taking and apprehending of the Robbers or any of them must be before the Verdict or Judgment against the Hundred Robbery by some is said to be from Co. Lit. fol. 288. Terms of the Law and Blounts Law Dictionary verb. Robbery 22 Al 's pl. 55. Kitchin Court Leet c. printed 1585. p. 36. b. Crom. 33. b. nâ— 1 Lamberts Eirenarcha ch 7. lib. 2. Stam. 17. Bond ubi supra â— 198. Roberia or Robaria from the French Robbe id est vestis a Robe and iâ— when there is a felonious taking away of a Mans Goods from his person oâ— presence against his will putting him in fear and of purpose to steal the same and it is called Robbery because the Goods are taken as it were de la Robe from the Robe that is from the Person and although the thing taken be but to the value of a Peny yet it is Felony for which the Offender shall suffer death Tr. 27 El. C. B. in Sendhills Case Co. Rep. 7. lib. f. 6. a. Co. 2 Inst f. 169. Cro El. f. 753. pl. 13. Mo. Rep. f. 62. pl. 848. Cro. Jac. f. 467. Tr. 29 El. C. B. in Milburns Case Co. Rep. 7. lib. f. 6. b. Savils Rep. f. 83. pl. 163. Tr. 28 Eliz. C. B. Ashpoles Case Co. Rep. 7. lib. f. 6. b. Mith. 13 Jac. B. R. Mâ—yes Case Cro. Jac. f. 106. pl. 45. Note If a Man be robb'd in an House the Country is not chargeable nor liable to answer such Robbery for it ought to be committed openly that the Country may take notice of it nor is the Country liable to answer for a Robbery committed in the Night but tho' the Robbery be before Sun-rise or after Sun-set yet if it be day-light the Hundred shall be charged And where a Robbery is begun in Goldsb Rep. p. 8â— pl. 11. one Hundred and committed in another yet it is a Robbery in the first Hundred where it was begun as if a Carriers Horse and Pack be taken by Robbers in one Hundred and led into another Hundred and there his Pack is â—obb'd this is a Robbery in the first Hundred where the Horse was taken but if the Carrier lead the Horse himself then it is a Robbery in the second Hundred because the Carrier was always in possession till then and if Tr. 17 Car. 2 B R. so held Siderfinâ— Rep. 1 p. f. 263. Robbers take a Man in one Hundred and carry him into another Hundred and there rob him this hath been held to be no Robbery in the first Hundred but in the second because the Party is always in possession till then And if Robbers drive or force a Waggoner to drive his Waggon out of the way Tr. 31 Eliz. C. B. Greens Case Cro. Eliz. f. 142. pl. 8. Goldsb Rep. p. 24. pl. 3. Latch Rep. f. 127. Tr. 2 Car. 1. C. B. Reymonds Case Cro. Car. f. 37. pl. 2. Sidersins Rep. 1 p. but last printed f. 45. if the Servant or Carrier will not swear the Master or Owner is without remedy Dalt J. P. f. 215 in the day-time but rob him not till night yet this is a Robbery in the day for the first seisure is the Robbery If a Servant be robb'd of his Masters Mony or a Carrier be robb'd of another Mans Goods he that is robb'd must make Oath and not the Master or Owner and the Action may be brought either in the Master or Servants Name and so either in the Owner of the Goods or Carriâ—â— Name If a Servant be robb'd of his Mâ—sters Vide Mich. 1649. B. S. Wrights Case Styles Rep. f. 156. ca. 3. Hill 1651. B. S. Crosthwaâ—tes Case Styles Rep. f. 318. ca. 3. Vide Lamberts Eiâ—enarcha lib. 2 cap. 7. Goods in the presence or sight his Master this shall be taken for robbing of the Master and so if Man be riding Post and the Post-boâ—â— hath his Portmantle behind him whiâ—â— is robb'd and the Posters Mony take out of it in his presence this shall bâ— taken for a robbing of the Party thâ— rides Post and not of the Post-boâ—â— for these Robberies being committeâ— in the Owners presence are said to bâ— done to their Persons and if one 〈◊〉 away his Purse or Goods to save theâ— from a Robbery and the Robber takâ— them up and carry them away thâ— is a Robbery done to the Owners Person If two High-way Men meet twâ— Hill 26 Eliz. B. R. Pudseys Case Andersons Rep. 1 p. f. 116. pl. 161. vid. Lamberts Eiâ—enarcha lib. 2. ch 7. Bonds Guide for J. P. p. 199. and Compleat J. printed 1681. p. 350. Persons travelling in the High-way anâ— they endeavour to rob the Travelloâ—â— and draw their Swords and offer tâ— wound them upon which the Travellors ride one of them one way and the other another way and one of the Robbers follows one of them and his Companion the other and in this pursuit one of the Travellors is robbed by one of the High-way Men out of 〈◊〉 sight and hearing of his Compaâ—ion yet in this Case they are both of â—â—em principal Robbers he that neither heard nor saw the Robbery as well as he that committed it And so it â—as adjudged in the Case of one Pudâ—ey who was arraigned in the Kings â—ench as a Principal and was found â—uilty and hanged though the Robâ—ery was done by his Companion out of his sight and hearing Formerly if a Man were travelling Mich. 16 Jac. 1. B R. Waits Case Godbolts Rep. P. 280. â—l 397. Cro. Jac. f. 466. pl. 2. â—pon a Sunday and were robbed â—hough it were in time of Divine Serâ—ice upon the Sunday in the Foreâ—oon yet the Country were liable and were bound to answer for the Robbery 〈◊〉 it was adjudged in one Waits Case â—ut now by the Statute of the 29th of St. 29 Car. 2. â—h 7 Keb. Stat. f. 1485. sect 5. But the Country upon notice of a Robbety committed upon a Sunday are to make Hue and Cry as if it had been done on another day or else to forfeit as much to the King as might have been recovered by the Party robbed King
to time every four months during his being Surveyor to take a view of all the Roads Common High-ways Water-courses Bridges Cawseys and Pavements within thâ— Parish Town Village Hamlet Precinct or Tything for which he is appointed Surveyor that are to be repaired by the said Parish Town Village Hamlet Precinct or Tything and must make a Presentment upon Presentment to be made upon Oath and to whom and under what penalty Oath in what state and condition hâ— finds the same in to some Justice 〈◊〉 the Peace of the same Division if theâ— resident there otherwise to some neighbouring Justice of the Peace 〈◊〉 the same County and in default therâ— of to incur the same penalties as if hâ— had refused or neglected to acceâ—â— and execute the said Office whicâ— penalty is five pounds to be levied oâ— his Goods and Chattels by Distress anâ— Sale by Warrant under the Hand anâ— Seal of two or more Justices of thâ— Peace of the same Division or in dâ—fault thereof any neighbouring Justicâ— of the Peace for the same County unless he shew some reasonable excuâ—â— to be allowed by the Justices aforesaid for omitting the same And what defaults or annoyances the Notice to be given in the Church of defaults and annoyances and if not removed Surveyors to remove them and how to dispose of them â—urveyors shall find in any of the said High-ways Cawseys Bridges Ditches â—edges Trees Water-courses Drains 〈◊〉 Gutters next adjoining to the same â—hey are from time to time the next Sunday after Sermon ended to give â—ublick notice thereof in the Parish-Church and if the same be not removed repaired and amended within â—hirty days after such notice then the â—urveyor or Surveyors are within thirty days to remove repair and amend the â—ame and dispose of the same Annoyâ—nces for the repair of the said High-ways and what Charges the Surâ—eyor Surveyors to have their Charges repaid for removing of Annoyances repairing c. and Surveyors are at they are to â—e reimbursed by the Parties who should have done the same and if the parties refuse or neglect to pay the Surveyors their Charges upon demand â—hen the Surveyors making Oath hereof before any Justice of the Peace within the Division of the County wherein such Way is or in default â—hereof to any neighbouring Justice for â—he said County they shall be repaid all such their Charges as shall be allowed to be reasonable by the said Justice to be levied in manner aforesaid that is by distress and sale of Offenders Goods and Chattels by Warranâ— as is shewed before but still here 〈◊〉 no Officer named that shall execuâ—â— the Warrant and make the distress anâ— sale CHAP. IV. Who and what Persons are to appeaâ— and labour upon the publick or common Days appointed by the Suâ—veyors for the amendment and repair of High-ways and where thâ—â— are to appear and after what maâ—ner and how long they are to worlâ— and under what Penalties anâ— how to be levied and disposed oâ— with some Cases and Resolutions râ—lating to these Matters EVERY Person for every Ploâ— 2 3 P. M. ch 8. Stat. at large f. 289. Poulton High-ways 2. Dalt J. P. ch 50. f. 99. Lamb. Eirenarcha printed 1588. p. 474. Keb. 81. f. 740 sect 2. Bonds Compl. Guide for J. P. p. 110. Wing High-ways sect 6. Land in Tillage or Pasture thâ— he or she shall occupy in the samâ— Parish and every other Person keepinâ— there a Plow or Draught shall finâ— and send at every day appointed foâ— the amending of their High-ways 〈◊〉 the place to be appointed one Waâ— or Cart furnished after the Custom 〈◊〉 the Country with Oxen Horses Where they keep all Horse Teems there they may send a Cart furnished and where they keep Draughts and Oxen there they must send a Wain and not a Cart for if the Party keep both a Wain and a Cart yet he must send that which will do best service and that is a Wain Dalt ibid. f. 100. Poult High-ways 4. Bond ibid. p. 111. Keb. ubi supra Wing ubi supra â—ther Cattel and all other Necessaries â—eet to carry things convenient for â—at purpose and also two able Men â—ith the same upon pain of every â—raught making default ten shillings â—nd every Housholder and also every â—ottager and Labourer of the Parish â—ble to labour and being no hired â—ervant by the Year shall by themâ—â—lves or one sufficient Labourer for â—very of them upon every of the said â—ays work and travel in the amendment of the said High-ways upon â—ain of every person making default 〈◊〉 lose for every day twelve pence â—nd if the said Carriages of the Parish Two able Men to be sent for every Carriage spared Dalt ibid. f. 100. Poult ibid. High-ways 3. Wingate High-ways sact 7. 〈◊〉 any of them shall not be thought â—eedful by the Surveyors to be occupied upon any of the said days that then every such person that should have â—ent any such Carriage shall send to the â—aid Work for every Carriage so spared â—wo able Men there to labour for that Note that neither Women nor Children are to be sent to the common days Works But by the Stat. of 22 Car. 2. ch 112. the forfeiture is made 1 s. 6 d. and so it is for every day Labourers making default â—ay upon pain to lose for every Man â—ot so sent to the said Work twelve â—ence and every Person and Carriage â—bovesaid are to bring with them â—hovels Spades Picks Mattocks and other Tools and Instruments necessary â—or the said Work and all the said Persons and Carriages are to do their Work as they shall be appointed 〈◊〉 the Surveyors or one of them eigâ—â— hours of every of the said days unlâ—â— they shall be otherwise licenced by 〈◊〉 said Surveyors or one of them Stewards in Court-Leets have powâ—â— Stewards in Leets and in their default J. P. at Sessions to enquire of defaults upon this Statute to enquire after the Offences aforesaâ—â— committed within the Precincts of the Leets and set reasonable Fines aâ—â— Amerciaments upon Offenders and 〈◊〉 St. at large f. 289. Keb. ibid. f. 740. sect 2. Wing ibid. sect 8. within six weeks after Michaelmas 〈◊〉 deliver indeâ—â—ed â—â—treats of such Fâ—â—â— under their 〈◊〉 and Seals 〈◊〉 oâ— part thereof in the Bailiâ—â— or Higâ— Constable oâ— the Hundred Rape Latâ—â—â— or Wapenâ—â—ke and the other to tâ—â— Constables and Churchwardens of 〈◊〉 Parish where the defaults were made and in default of Presentments in tâ—â— Leet then the Justices of the Peace 〈◊〉 the County at every general Quarteâ— Sessions may enquire thereof and 〈◊〉 such Fines as they or any two of theâ— whereof one of them to be of tâ—â— Quorum shall think fit of whiâ—â— the Clerk of the Peace is to make iâ— dented Estreats under his Hand anâ— Seal in like manner as the Stewards 〈◊〉 Bâ—iliff or High-Constable to levy and make account Dalt J. P.
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
said City for the time being upon his own proper Knowledge or View in the open General Sessions may make presentment of the throwing our 〈◊〉 laying or suffering any Ashes Soil Dust or Rubbish or other Nusance 〈◊〉 Obstruction in any the Streets Lanes or Passages of the said City or Liberties thereof which Presentment shall be good and effectual and the Lord Mayor and Justices of the same City are immediately at the same General Sessions to assess Fines for such Offences not exceeding twenty shillings for any one Offence which said Fines shall be levied and paid unto the Chamberlain of the City of London for the time being for the use of the same City to be employed in the publick Payments of the same City All Persons inhabiting in the Out-Parishes Inhabitants in Out-Parishes in Middlesex Liberties of Westminster and Southwark to sweep before their Houses c. twice in the Week in Middlesex Westminster and the Liberties thereof and the Borough of Southwark or in any the Streets Lanes or Allies comprised within the Weekly Bills of Mortality and the Town of Kensington by the Statute of the second Year of their Majesties Reign King William and Queen Mary must twice in the Week viz. Wednesdays and Saturdays at the least weekly sweep the Dirt and Soil away before their Houses Buildings and Walls and Walls of Churches and other publick Places that it may be ready for the Scavenger to carry away on pain of three shillings and four pence for every Offence or Neglect and None to throw any Ashes Dust Dirt c. before their own Houses or the Houses of any others c. none are to throw cast or lay any Sea-Coal-Ashes Dust Dirt Rubbish Dung or other Filth or Annoyance in any open Street Lane or Alley within the said City or Places aforesaid before their own Dwelling-houses Stables Buildings or Walls or the Buildings or Walls of Churches or Church-yards or other publick Places or suffer it to be done on the penalty of five shillings and none shall lay any Ashes Dirt or Soil before the Houses or Buildings of any Persons Inhabitants of the Places aforesaid or before any Church or Church-yard or any of their Majesties Buildings Palaces or Places whatsoâ—ver or cast lay or throw any such No Annoyances to be cast into publick or private Sinks c. Annoyances into any publick or priâ—ate Sink or into any Water-course 〈◊〉 Common-Sewer within the Places â—foresaid but shall keep the same in â—heir Houses Yards or Backsides or â—he Yards or Backsides of Churches â—nd other publick Buildings till the Scavengers or Officers come and theâ— to carry or cause the same to be carried to them or put into their Carâ— Barrow or other Thing on pain 〈◊〉 forfeit twenty shillings for every Oâ—fence and the respective Church-wardens Church-wardens House keepers c. punishable for suffering Annoyances before Churches their Majesties Buildings c. and the House-keepers and other Keepers of White-Hall Somerset-House St. James-House and St. James Park and the Guard-House and Stables near it and other theâ—â— Majesties Houses and the Ushers Peters and Keepers of Courts of Jâ—stice and all other Publick or other Houses and Places respectively shall be liable to and suffer the like Penaltieâ— for every the before-mentioned Oâ—fences or Neglects done committeâ— or suffered to be done before 〈◊〉 Church or Church-yard or before 〈◊〉 of their Majesties Houses Buildings 〈◊〉 Walls or before any Houses Buildingâ— or Walls or before any publick Builâ—ings Houses or Places whatsoever and the Rakers Scavengers and othâ—â— Scavengers every day to bring their Carts c. Officers thereunto appointed shaâ—â— every day in the Week except Sâ—â—days and other Holy-days bring thâ— Carts and other Carriages into thâ— several Charges and Divisions whâ—â— they can pass and give notice at their approach by a Bell c. â—nd so in every Court Alley c. â—here their Carts cannot pass and â—ay there a convenient time so that â—ll Persons concerned may bring forth â—â—eir Dust Dirt Ashes Filth and â—oil to the Carts and Carriages so â—aying and the Scavengers c. are â—ayly to carry away the same on pain 〈◊〉 forfeit forty shillings for every Ofâ—ence or Neglect None shall hoop wash or cleanse None to hoop wash or cleanse Pipes or Barrels in the Streets â—ny Pipes Barrels or other Casks or â—essels in any the Streets Lanes or â—pen Passages aforesaid nor shall set 〈◊〉 any Dung Soil Rubbish or empty â—oaches to make or mend or rough â—imber or Stones to be swan or â—rought in the Streets on penalty of â—wenty shillings for every Offence â—nd all open Streets Lanes and Allies Streets already paved by whom to be maintained and under what penalty â—ithin the Parishes or Places aforesaid â—ow ready paved are from time to â—â—me to be repaired amended and â—aved at the Charges of the Houseâ—olders Inhabitants there and where â—ouses are empty at the Charges of â—he Owners or Proprietors thereof â—efore their Houses Stables or Outâ—ouses so far as their Housing Walls a Buildings extend unto the Denterstone or Channel or middle of 〈◊〉 said Street Lane or Alley on pain 〈◊〉 forfeit for every default twenty shilling for every Perch or Rod and aftâ—â— that Rate for a greater or lesser quâ—â—tity and twenty shillings a Week 〈◊〉 every Week after until the same shaâ— be sufficiently paved and any one 〈◊〉 more Justices of the Peace of thâ— Place or Division where any neâ— New Streets how and by what Order to be paved and repaired and under what Penalty Streets are or shall be made may freâ— time to time view the same and 〈◊〉 upon such view they think them 〈◊〉 to be paved or otherwise amended then to certifie the same under theâ—â— Hands to the Justices of the Peace 〈◊〉 the next respective General Quartâ—â— Sessions of the Peace for the 〈◊〉 where such Streets are or shall be made who are to take such Ordeâ— therein for paving or amending as the think fit and all the Persons conceâ—â—ed by the time limited by the Ordeâ— of such Justices at the Sessions are 〈◊〉 pave with Stone or Gravel or otherwise amend all the Ground that doâ— or shall lie in front before every Dwâ—ling-House or other Buildings in 〈◊〉 Streets and Ways extending to 〈◊〉 middle of the Way that doth or 〈◊〉 lie before the same and every Persâ—â— offending or neglecting shall forfeit â—â—rty shillings for every such Offence or â—efault for every Perch and after â—â—at rate for a greater or lesser quanâ—â—ty and the like Sum for every Week â—ll the same be paved or amended and â—â—paired and when paved and amendâ—d the Sum as those aforeshewed that â—â—all not pave and repair open Streets â—anes and Allies now paved and Ancient Streets Lanes and Allies to be repaired as formerly â—â—ch ancient Streets Lanes and Allies within any of the places aforesaid as by Custom and Use have been repaired â—nd paved by any other
so much of the Statutes of 15 Car. 2. chap. 1. and 16 and 17 Car. 2. chap. 10. as concerns the repairing the ancient High-way and Post-Road from London to York and so into Scotland as lies in the several Parishes 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 BY the Statute of 15 Car. 2. chap. 1. Justices of Peace at the Sâ—ssionâ— to choose nine Surâ—â—yorâ— Kâ—b Stâ—â— f. 1256 sect 1. It is amongst other things enacted That the Justices of Peace for the County of Hertford every Year at the Sâ—ssions to be holden after Easter shall from time to time nominate and appoint nine sufficient and able Pâ—rsons residing and inhabiting within the said County to be Surveyors for â—o much of the said High-way as lies Upon notice â—â—vâ—n them in writing they are to tâ—ke the Officâ— upon them Keb. St. printed 168â— f. ibid. sect ibid. in the several Towns and Parishes of the said County and the said Justices of Peace are to cause notice in Writing to be given to the said Surveyors so chosen who having â—â— lawful impediment to be allowed by the Justices by whom they were chosen are to take the Office upon them and perform their Duty in the speedy execution of the said Act and upon refusal or neglect the said Justices What forfeiture for refusing or neglecting the Office Keb. stat f. 1258. sect 8. at their Quarter-Sessions may impose such Fine upon such Person so refusing or neglecting as they think sit not exceeding ten pounds and may cause the same to be leviâ—d by distress and sale of his or their Goods rendring to the party so distrained the overplus if The Surveyors to meet at a convenient place to consider of Repairs and providing Materials Keb. St. printed 1684. f. 1256. sect 1. any shall be and such as take the Office upon them are within a Week after notice given them as aforesaid to meet and assemble themselves together in some convenient place within the County to be appointed by the Justices of the County at their Quarter-Sessions to the intent that they may view the said High-ways and to consider what Reparations will be needful and to provide Stones Gravel and other Materials and Necessaries to be used in the repair and amending the said High-way at the places aforesaid and three or more of them The Surveyors to appoint a Collector of Toll Keb. Stat. ibid. sect 1. being so assembled after notice given as aforesaid are to appoint a Receiver Collector of Toll and such Officers they find necessary for carrying on â—e said Work with moderate Alâ—â—wances as shall be thought fit to be â—â—proved of by any two or more Juâ—â—ices of the Peace of the County living â—ear to the said High-way or Place foresaid or otherwise to be removed â—nd other fit persons to be chosen in â—heir places by the said Justices of the Peace and such fit person or persons The Collector to take Toll and for what things and how much Keb. St. ibid. f. 1259. sect 11. â—ppointed by the Surveyors with such â—onsent and approbation as aforesaid shall receive and collect the Toll at Wades Mill in the said County and â—o receive and take in the Name of Toll or Custom for every Horse one peny for every Coach six pence for every Waggon one shilling for every Carr eight pence for every score of Sheep or Lambs an half peny and so proportionably for greater numbers for every score of Oxen or Neat Cattel five pence for every score of Hogs two pence and so proportionably for every greater or lesser number not being under five and upon refual or neglect to pay upon demand made by the Collector or Receiver appointed to receive the same in such case he may distrain and detain such Horse Cart Coach Waggon Oxen Cattel aforementioned or any of the till payment thereof with such Dâ—mages as the party so distraining shâ— sustain by keeping such distress bâ— Toll not to be paid twice on one day for the same things Keb. Stat. printed 1684. f. 1259. sect 11. if any return the same day with 〈◊〉 same Horse Coach Waggon or 〈◊〉 Carriage or with Cattel they 〈◊〉 not to pay a second time for the 〈◊〉 things that same day and every peâ—son What Persons from what places for what things to pay no Toll Keb. Stat. ibid. sect 14. or persons coming immediateâ—â— and primarily to and from the seveâ— Parishes of Standen Thundridge 〈◊〉 and Benges adjacent to Wades 〈◊〉 may carry any quantities of Stoneâ— Sand Lime or Gravel Dung 〈◊〉 or Compost of what nature or kinâ— soever Brick Chalk or Wood anâ— that they and all Carts with Hay 〈◊〉 Corn in Straw at Hay-time or Harvest Plows Harrows and other Implements of Husbandry and all other things whatsoever employed in the husbanding stocking and manuâ—ing of their Lands shall pass to and 〈◊〉 through the said place without paying any Toll for their so passing through the same and Souldiers upon their Soldiers on their March Posters to pay no Toll Keb. St. ib. sect 17. March and persons riding Post arâ— to pay no Toll the Collector 〈◊〉 Receiver of the Toll is to give 〈◊〉 account of such Monies as he receives Receiver of the Toll to give an account to the Collectors Keb. Stat. ibid. f. 1257. sect 4 5. often as the Surveyors or any three them shall appoint and pay the 〈◊〉 to them or unto such 〈◊〉 as they shall appoint to be paid But this Clause is altered by Stat. 16 17 Car. 2. ch 10 â—t and expended in the Repairs of 〈◊〉 Places aforesaid and not elsewhere 〈◊〉 the Surveyors every Year at the Surveyors to account to the Justices at Easter Quarter-Sessions Keb. Stat. printed 1684. f. 1257. sect sect 5. â—â—arter-Sessions to be held for the â—ounty next after Easter shall give â— account in Writing under their â—ands to the Justices of Peace there 〈◊〉 be assembled of the Mony which 〈◊〉 or any of them have received 〈◊〉 the Collector or Receiver of 〈◊〉 Toll and of their Disbursments â—â—out the Repairs aforesaid or by 〈◊〉 of their Offices and to pay 〈◊〉 overplus if any be in their Hands 〈◊〉 the Surveyors to be chosen for the 〈◊〉 ensuing or to the Treasurer or â—eceiver by them to be appointed â—nd the Justices are to make such alâ—â—wance to the Surveyors out of the â—enefit of the Toll or their Care and â—ains taken in the Office as they think â—t and in case of non-payment by â—he Collector or Receiver of the Toll â—pon request made as aforesaid or â—hat the Surveyors or any of them â—hall not make such account or payment as aforesaid the Justices at the Quarter-Sessions of the Peace to bâ— held for the County may make enquiry as well by Confession of thâ— Parties as by Testimony of two 〈◊〉 more
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
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
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
the University and City and do their Carriages and Labours by the space of six days between the Feast of St. John Baptist and the Feast of All-Saints upon twelve days warning given or sent in writing to the Vice-Chancellor and Mayor or either of them to the Constable or other Officer of the Place that ought to serve and every Person making default doth for every days default or any part thereof forfeit five shillings to be levied and imployed for the amendment of the said Bridges and Cawseys and the Persons making default and making no reasonable composition for the same then the Vice-Chancellor and the Mayor or other their Officers to distrain and keep and detain the distress till the Forfeitures and Charges of keeping the distress be paid But by the Statute of 35 El. ch 7. Keb St. f. 913. sect â—â— 35 Eliz. this last Article was altered and it is provided that no Person or Housholder living within five miles of Oxford and not having in possession a Yard-Land shall be chargeable with any thing towards the amending the said Bridges and High-ways and that Every Yard-Land to pay four pence and none else chargeable such as have a Yard-Land or more in possession lying within the said compass shall pay yearly the Sum of four pence for every Yard-Land before the Feast of Pentecost to the Vice-Chancellor and Mayor or their Deputy or Deputies towards the amending of the said Bridges and High-ways and no other Penalty with like Remedy by distress for the same being due and not paid as is limited and appointed by the other Statute of 18 Eliz. chap. 20. Note That Virgata Terrae or a Co. Lit. f. 5. a. 69. a. Terms of the Law and Blounts Law Dict. verb. Yard-Land and Lamb. Exposition of Words Yard-Land called by the Saxons Girdland and now the G. is turned to Y. is in some Countries ten Acres in some fifteen in some twenty in some twenty four in some thirty and in others forty Acres and so doth not contain any certain quantity of Land but is various according to the Custom of the place where it lies CHAP. XVII The Heads of the two Statutes made in the 18 and 27 Qears of Queen Elizabeth for the maintenance and repair of Rochester-Bridge in the County of Kent THE morrow after the General 18 El. ch 17. Stat. at large printed 1587. f. 616 617. Keb. St. f. 863. Quarter-Sessions of the Peace holden next after Easter in Kent the Wardens and Commonalty of the Lands Contributory to Rochester-Bridge or so many of them as can conveniently attend shall for ever assemble at the Castle of Rochester near the Bridge and there elect by the most Voices two Persons of the same Commonalty such as are House-keepers and commonly resident within the County of Kent and are healthful and can attend the Office to be Wardens of the said Bridge and twelve Persons of the said Commonalty to be Assistants to the Wardens for one whole year after the Feast of Pentecost then next following at which said Elections Absence of House holders at the Election of the Wardens forfeit 10 s. a piece 27 El. ch 25. Stat. at large f. 723. Keb. f. 890. of Wardens and Assistants two Housholders at the least out of every Parish within seven miles of the said Bridge wherein any Contributory Lands lie shall be present to give their Voices at the said Elections and the two Wardens thus chosen shall do their endeavour for that Year to benefit the said Bridge and shall receive the Fines Rents and Revenues of the Lands belonging to the Bridge and of all Contribution Mony payable to the use of the same Bridge and shall answer and pay out of the same as cause shall require and the new Wardens so New Wardens bound to the former Wardens to make account and elected Wardens being absent to have notice sent in writing chosen if then present shall be bound to the former Wardens to make account of all Receipts and payment of Arrearages found upon the same and if any who is chosen Warden shall be absent at the time of Election then notice shall be given by Letter sent by one or both of the former Wardens and delivered at the Dwelling-house of such absent Person elected on pain of five pounds and every such absent Person so elected before the Feast of Pentecost then next following before the Custos Rotulorum of that County or two Justices of the Peace of the same County one to be of the Quorum shall become bound to render Account and pay of Arrearages as Forfeiture of Warden refusine to be bound and how choice is to be made of another in such case aforesaid and every Warden elected as aforesaid refusing to become bound to forfeit ten pounds to be recovered by the former Wardens in an Action of Debt for the use of the Bridge and if any refuse to stand notwithstanding the Fine or being elected and bound dies before the end of the Year then at the Quarter-Sessions of the County to be held in convenient time next after such death or refusal and before the said presixed day of Election a new one of the Commonalty qualified as aforesaid shall be chosen by the said Justices at the Sessions and by the other Warden and twelve Assistants or major-part of them present at the Sessions to serve to the end of that Year who at a convenient time to be then prefixed shall become bound as aforesaid under the pain above limited and at the Election of new Wardens and Assistants all other Officers concerning the said Bridge and their Stipends shall be appointed by the said two elected Wardens and the old Wardens Old Wardens every year to account upon Oath in the presence of the nevv Wardens shall every Year account upon Oath on Thursday in Whitsun-Week in the presence of the new Wardens or of one of them and such four of the Assistants as are assigned to be Auditors in the House called Crown-Inn in Rochester or at some other place appointed and none of the Assistants or Auditors so assigned to be absent at the Account on pain of ten pounds the Wardens and Assistants Wardens and Assistants to consent to and subscribe Leases of the Bridges Lands and for vvhat Term. or major-part of them are to consent to and subscribe to all Leases made of the Bridges Land which Leases shall be made but of such effect as Tenant in Tail may do by the Statute of 32 H. 8. chap. 8. save Leases of Houses not having three Acres of Land belonging to them which may be made for fifty Years and every seven Years shall be made a Terrer of the Lands leased and When Ovvners or Tenants of contributary Lands may be Taxed 18 El. ch 17. Stat. at large printed 1587. f. 617. Keb. Stat. f. 863. Owners Tenants of Lands contributary to the maintenance of the said Bridge shall not be assessed to
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
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
and not elsewhere and that no such Presentment or Indictment shall be removed by Certiorari or otherwise out of the said County till such Indictment or Presentment be traversed and Judgment thereupon given And no Presentment Indictmenâ— 3 4 W. M. ch 12. or Order made by virtue of the Statuâ—â— 3 and 4 of their Majesties Reigns King William and Queen Mary is to bâ— removed by Certiorari out of the County into any other Court for any Matters concerning High-ways Cawseys Pavements and Bridges mentioned in the said Act but are to be determined in the County where the same do liâ— and not elsewhere And now by the Statute also of the 3 4 W. M. ch 12. said 3 and 4 Years of their said Majesties Reigns King William and Queen Mary it is enacted That the Justices of the Peace of every County iâ— their respective Divisions shall hold â— special Sessions once every four months Special Sessions to be held every four months and summon all the Surveyors of the High-ways within that Division to come before them and then shall give them charge to do their Duty and declare to them what they are obliged to do by virtue of that Statute oâ— any former Act and then the Surveyors The Surveyors to present upon Oath are to make a presentment to the Justices upon Oath of the state and condition of the High-ways within their respective Parishes Towns Villages Hamlets Precincts or Tythings for which they are Surveyors and what Offences or Neglects any are guilty of contrary to the meaning of the Statutes made concerning High-ways and before they go out of their Surveyors to account upon Oath Office they must at some special Sessions of the said Justices give an account upon Oath of all Mony come to their Hands which ought to be imployed in amending of the High-ways and how the same is disposed of and if any Mony be remaining in any Surveyors Hands he shall deliver the same to those that shall succeed him for the Year ensuing in the same Office for that Place and in case of failure to forfeit double the value of what shall be judged to be in his Hands by the said Justices to be levied and disposed of in the same manner as the Statute directs in case where one refuseth to be Surveyor after he is served with a Warrant of Notice or neglects the Office for which see before Chap. 2. And now generally all Presentments about High-ways and Offences concerning the same are to be made upon Oath by the Surveyors before the Justices of Peace at their special Sessions held for that purpose CHAP. VIII How Lands given for the maintenanâ—â— of Cawseys High-ways Pavâ—ments and Bridges are to he leâ— and how Assessments are to be made and gathered for repairing High-ways and of such as make resistance and oppose such persons a are imployed in the Execution of the Statutes made for amendment of High-ways and also concerning Suits that shall be brought about the same TRustees of Lands given for maintenance 22 Car. 2. ch 12. Keb. Stat. at large printed 1684. f. 1394. sect 2. Wingate High-ways sect 31. of Cawseys Pavements High-ways and Bridges shall let them to farm at the most improved yearly Rent without Fine and the Justices of Peace in their open Sessions may order the Improvement and Imployment thereof other than of such Lands as have been given to the uses aforesaid to any Colledge or Hall in either of the Universities that have Visitors of their own according to the Will of the Donor if they find that the Persons intrusted have been negligent or faulty in the performance of their Trust Where the Justices of the Peace of 3 4 W. M ch 12. any County City Borough or other Place or the major-part of them at their general or quarter Sessions shall be fully satisfied that the common High-ways Cawseys Bridges Streets â—â— Pavements within their respective Jurisdictions within any Parish Township Hamlet or other place there cannot without the help of the Statute of 3 and 4 of their Majesties Reigns King William and Queen Mary be sufficiently amended repaired paved â—leansed and supported then in all Assessments when and how to be made such Cases one or more Assessment or Assessments upon all and every the â—nhabitants Owners and Occupiers of â—ands Houses Tenements and Hereâ—â—taments or any personal Estate usuâ—lly ratable to the Poor within any â—â—ch Parish Township Hamlet or â—ther place may be made levied colâ—â—cted and allowed by such person and â—ersons and in such manner as the â—â—id Justices by their Order at such â—essions shall direct and appoint in â—â—at behalf and the Mony thereby â—â—ised shall be imployed and accounted â—â— according to the Orders and Dictions of the said Justices for and â—â—wards the amending and repairing paving cleansing and supporting 〈◊〉 High-ways Cawseys Streets 〈◊〉 and Bridges from time to time Quare who must make the distress for the Statute names no Officer but this Clause I conceive hath reference to the preceeding Clause and it must be done by such person or persons as â—oe Justicâ—s shall order at their general quarter Sessions as need shall require and the said 〈◊〉 shall be levied by distress 〈◊〉 sale of the Goods of every Person 〈◊〉 assessed not paving the same within 〈◊〉 days after demand rendring the 〈◊〉 plus to the Owner or Owners 〈◊〉 Charges of making and selling 〈◊〉 distress being first deducted and 〈◊〉 Assessment in any one Year is not 〈◊〉 exceed six pence in the pound of 〈◊〉 yearly value of Lands Houses 〈◊〉 and Hereditaments nor aboâ—â— six pence for every twenty pounds 〈◊〉 personal Estate and such Order 〈◊〉 the greater number of the Justices 〈◊〉 Peace shall make at their general quâ—â—ter Sessions concerning Persons 〈◊〉 shall be conclusive and bind 〈◊〉 said Parties If any person or persons shall 〈◊〉 22 Car 2. ch 12. Keb Stat. f. 1394. sect 2 Wingate High-way sect 32 or make forceable opposition 〈◊〉 any person or persons imployed in 〈◊〉 due Execution of the Acts of 〈◊〉 2 3 P. M. ch 8. 5 El. ch 13. 18 El. ch 10. of 2 and 3 P. and M. and 〈◊〉 and 18 Eliz. or 22 Car. 2. made 〈◊〉 the amendment of High-ways 〈◊〉 shall make any rescue of any 〈◊〉 or Goods distrained by virtue 〈◊〉 of every person being convicted thereof by the Oath of one credible Witness before any Justice of the Peace of the place or division or by the view of the Justice himself shall for every such Offence forfeit forty shillings and for non-payment within seven days after notice of Conviction any Justice of the Peace residing near the place where such opposition or rescue shall be made may commit the Offender to the Common Gaol of the County where such Offence was committed there to remain till payment of the Forfeiture be made to the Surveyors of the High-ways for the
on the out-side of their Houses next the Street every Night from Michaelmas to Lady-day yearly set or hang out Candles or Lights in Lanthorns from time to time as it shall grow dark until twelve of the Clock in the Night on pain to forfeit two shillings for every default except such as shall agree to make use of Lamps to be placed at such distances in the Streets as two or more Justices of the Peace shall approve of â— and every Truss of old How much Trussâ—s of Hay are to weigh Hay by this Statute brought or offered to be sold within the Cities of London and Westminster and all other places within the Weekly Bills of Mortality between the last day of August and first day of June shall weigh six and fifty pounds at the least and between the first day of June and last day of August being new Hay of that Years growth shall weigh sixty pounds and if it be old Hay of any former Years growth then to weigh six and fifty pounds as aforesaid How long Waggons Carts and Cars are to stand with Hay or Stravv and none are to sulfer their Waggons Carts or Cars to stand or be in any of the places aforesaid loaden with Hay or Straw to sell the same after two of the Clock in the Afternoon from Michaelmas to Lady-day nor after three from Lady-day to Michaelmas on pain to forfeit five shillings for every Offence or Neglect and every Justice of the Peace within the Counties of Middlesex and Surry and City and Liberties of Westminster and Places aforesaid within their respective Liberties upon their own Knowledge or View Confession of the Party or Proof of one credible Witness before him may convict any Persons of the Offences aforesaid so that they may incur the Penalties aforesaid one moiety to the relief of the Poor of the Parish where the Offence is committed to be paid to the Overseers of the Poor of the same Parish for the use of the Poor thereof and the other half to the Discoverer and Prosecutor in case the Conviction be so but if it be by the View or Knowledge of the Justice of Peace then one half to the relief of the Poor as aforesaid and the other half if for default of payment to be paid to the Scavengers of the place to be imployed for the repair or paving and cleansing the said Streets or Places or otherwise to the relief of the Poor aforesaid all the said Penalties to be levied by Penalties how to be levied distress and sale of the Goods and Chattels of the Offenders by Warrant under the Hand and Seal of any one Justice of the Peace of the place directed to the Constables or Headboroughs of the same Parish where the Offence was done rendring the surplusage to the party and in default of distress or not payment within six days after demand where it is not by this Act otherwise provided or notice in Writing left at the Offenders House or Dwelling-place by the Constable or Headborough then the Offender not being a Peer of the Realm to be committed to the Common Gaol of the Counties or City respectively by Warrant as aforesaid there to remain without Bail or Mainprise until payment By this Statute the Wheels of every The breadth of Cart Wheels and Dray Wheels c. Cart Car or Dray to be used for the Carriage of any thing whatsoever from any place within the said Cities and Places to any place within the same where the Streets are paved are to be made to contain in full breadth six Inches in the Felly and must not be wrought about with Iron-work nor drawn with above two Horses after they are up the Hills from the Water-side and the Owners and Proprietoâ—s â—ssending herein are to forfeit forty shillings for every time such Cart or Dray shall be used to the contrary to be levied as aforesaid but this is not to extend to any Country-Cart or Waggon that shall bring Goods to the City or Places aforesaid or shall carry any Goods half a Mile beyond the paved Streets of the said Cities and Places But now by the Statute of the second 3 4 W. M. ch 12. and third Years of their Majesties Reigns chap. 12. this Clause is altered for any Inhabitant of any of the Parishes within the Weekly Bills of Mortality who dwells off and from the Pavement or uses his Cart as well off as upon the Pavement and any Brewer or Scavenger or other Person employed in carrying away the Dirt and Soil of the Streets Lanes and Allies may make use of any Cart or Dray with Wheels shod with Iron and narroweâ— than six Inches in the Fellies and drawn with more than two Horses notwithstanding this former Act of Parliament or any Law or Usage to the contrary No person or persons whatsoever by None to breed seed or keep Swine his Statute of the second Year of their Majesties Reigns shall breed seed or â—eep any sort or manner of Swine in â—ny paâ—t of the Houses or Backsides of â—he paved Streets of the said Cities Borough or Parishes where the Houses 〈◊〉 contiguous upon pain to forfeit â—he same to the Church-wardens and Overseers of the Poor of the Parish where such Swine shall be kept bred â—or Fed to the use of the Poor thereof and all or any of the Church-wardens Overseers of the Poor Chappel-wardens Constables Beadles Headboroughs or Tythingmen of any of the Parishes of the said Cities or Places at all times in the day-time by Warrant under the Hand and Seal of the Lord Mayor or any other Justices of the Peace of the place may search in all such places in their respective Parishes for the finding all such Swine and to seize drive take and carry away all that shall be so found and to sell the same for the best price that can be had and to deliver the Mony to the Church-wardens or Overseers of the Poor of the Parish where such Swine shall be seised to be distributed to the Poor there in such manner as the Church-wardens and Overseeâ—â— shall think fit and if any shall be sued Persons sued may plead general Issue and give special Matter in Evidence in any Court for any thing done iâ— pursuance of or execution of this Act they may plead the General Issue aâ—â— give the Special Matter in Evidence and if a Verdict pass for the Defendants or the Plaintiff be Non-suited or suffer Discontinuance then the Defendants shall recover treble Costs for which they shall have the like remedy as in any Case where Costs by the Law are given to the Defendants This Act being of such universal and beneficial Concern for the Places mentioned therein I have therefore taken all the Heads of it quite thorow though some of the Paragraphs thereof have no relation to the repairing the High-ways or paving or cleansing the Streets Lanes and Allies there CHAP. XIII An Abridgment of