distribute the Mony to the Poor of the Parish where they were seized CHAP. VI. Several Cases about the Repairs of Bridges with the Names of the Statutes which concern particular Bridges WHere a Common Bridge in the Kings High-way is in decay and that it cannot be proved or known who nor what Lands are chargeable to the repairing thereof in this case four Justices of the Peace whereof one to be of the Quorum within the Shire or Riding wherein such decayed Bridges be and if they be in a City or Town Corporate then â—oâ—â— such Justices of Peace there may within the Limits of their several Commissions call before them the Constables or two of the most honest Inhabitants of every Town and Parish within the Shire Riding City or Town Corporate wherein such Bridge or any parcel thereof shall happen to be and the Justices upon the appearance of the Constables or other Inhabitants and with their Assents may Tax every Inhabitant in any such City Town or Parish within their Limits to such reasonable Sum of Mony as by their Discretions they shall think convenient as well for the repairing of such Bridge and also for the making and repairing of the High-ways by the space of 300 Foot next adjoyning to the Ends of any such Bridges 22 H. 8. c. 5. Dalt J. P. c. 16. f. 44. Co. 2 part Inst f. 701 702. But Note Where the Franchise City or Borough is a County of it self and hath not four or more Justices of the Peace whereof one or more are of the Quorum in this case no other Justices of the Peace of any Shire or County have any power to meddle there by this Act but such decay must be reformed by the Common Law by such Remedy as they were before the making of the Statute of 22 H. 8. Co. 2 part Inst f. 702. And note That this Taxation ought not to be made by the Justices without the Consent of â—he Constables or Inhabitants nor by them without the Justices and this Tax ought to be upon every Inhabitant in particular and not to be set upon the Hundred Parish Town c. for then one or two might be distrained upon for the whole Co. 2 part Inst f. 704. After such Taxation made as aforesaid the said Justices of Peace shall cause the Names and Sums of every particular Person so by them taxed to be written in a Roll indented in Parchment for every Hundred and sealed with their Seals Co. 2 part Inst fol. 704. Dalt J. P. c. 16. ibid. And the said Justices may make two Collectors of every Hundred for the Collecting of all such Sums of Mony by the said Justices set and taxed which Collectors receiving the one part of the Roll indented have power thereby to collect all the Sums of Mony therein contained and if refusal be made upon demand then to distrain and sell such Distress rendring the overplus to the Owner if any be Dalt J. P. c. 16. f. ibid. 22 H. 8. c. 5. Co. 2 part Inst f. 705. The said Justices also are to appoint two Surveyors who shall see such decayed Bridges and Ways repaired and amended from time to time as often as need shall require to whose Hands the Collectors must pay the Monies by them received Dalt J. P. c. 16. ibid. 22 H. 8. c. 5. And the said Collectors and Surveyors and their Executors and Administrators and every of them shall from time to time make a true Account to the said Justices of Peace of the Receipts Payments and Expences of the said Sums of Mony and if any of them refuse so to do then the Justices of Peace from time to time by their Discretions may make out Process against the said Collectors and Surveyors their Executors and Administrators by Attachment Precept or Warrant under their Hands and Seals returnable at their General Sâ—ssions of the Peace and the said Justices may allow such reasonable Costs and Charge to the Surveyors and Collectors upon their Accounts as to them shall seem convenient 22. H. 8. c. 5. Dalt I. P. c. 16. ibid. If any such Bridge be wholly in a City or other Corporate Town the Inhabitants of the said City or Corporate Town must repair it and where such Bridges lie out of such City or Corporate Town the same must be made by the Inhabitants of the Shire or Riding within which the same Bridge shall be and if part of the Bridge be in one Shire or Riding City or Corporate Town and part in another then every of them shall be charged to make and repair such part as shall lie and be within their own Limits 22 H. 8. c. 5. Co. 2 part Inst fol. 207. Dalt I. P. c. 16. fol. 45. But otherwise no Village or Freeman shall be compelled to make any Bridge but such as of old time and by right they were wont to make Magna Charta c. 15. By the Common Law some Persons were â—ound to repair Bridges Ratione tenurae suâ— Terâ—â—am c. and this was binding into whose Hinds soever the Estate did come but they which have Lands on the one side or on the â—ther or on both are not bound in Common â—ight to repair the same 44 El. 3. 31. 21 E. 4. 6. 5 H. 7. 3. Crompt 186. 8 H. 7. 5. b. Co. 2 part 〈◊〉 f. 700. If a Man which holdeth 100 Acres of Land â—â—ght to repair a Bridge by tenure of the same â—o allen 20 Acres thereof to one Man and 10 â—cres to another Man in such case every Owner â—â— Occupier of such Lands must be charged â—â—oportionably for their said Lands Regist 268. â— â— N. B. 235. b. Co. 2 part Inst f. 700. Again Some by the Common Law were bound â—y prescription to repair a Bridge but herein here is a diversity between Bodies Politick or Corporate Spiritual or Temporal and Natural Persons For Bodies Politick c. may be bound by usage and prescription only because they are local and have a perpetual Succession and never die but a Natural Person cannot be bound by the Act of his Ancestor without Assets or some Profit to be taken therefore 21 E. 4. fol. 38. b. 27 Ass 8. Crompt 187. Co. 2 part f. 700. Dalt I. P. c. 16. f 45. By Common Right Bridges are to be amended by the whole County if it be not known who ought to do the same otherwise Pasch 19 E. 3. 28 29. Co. 2 part Inst. f. 701. Crompt 186. b. Tr. 10 Car. 1. the Case of Longford Bridge Rolls Cases 1 part f. 368. Cro. Rep. 3 part the same Case If a Man erect a Mill for his own particular Profit and cut a new Course for the Water to come to it and makes a new Bridge over the same and the Kings Subjects use to ride over the same as over a common Bridge such Bridge ought to be repaired by him who hath the Mill and not by the County because he erected it for his own Benefit 8
Father c. dwells shall limit and appoint on pain to forfeit 20 s. a month to the use of the Poor to be levied by distress and sale as aforesaid and for want of distress to be committed to Prison till the Forfeiture be paid 43 El. c. 2. Wingates Aâ—â— Stat. Tit. Poor People Dalt J. P. c. 73. f. 1â—6 Head Officers in Cities and Corporate Town and Aldermen of London have in their severâ—â— Precincts like Authority that Justices of Peace have in their Countles and no other Justices of Peace are to enter and intermeddle there Wingates Abr. Stat. Tit. Poor People 43 El. c. 2. If any Parish shall extend into two Countles or part thereof to lie in any City or Corporate Town where they have Justices Then the Justices of every County c. are to intermeddle only within their own Limits and every of them respectively within their Limits are in execute this Law concerning the nomination of Overseers binding of Apprentices grantâ—â—â— Warrants to levy Taxations taking Accounâ—â— of Overseers and committing such as refuse to account or to pay their Arrearages and yet the Overseers shall without dividing themselves execute their Office in all places within the said Parish but shall give up Accounts to the Justices or Head Officers of both Places Wingates Abr. Stat. Tit. Poor People 43. El. c. 2. Dalt J. P. c. 73. f. 156. These Officers within four days after the enâ— of their Year and that other Officers are nominated are to yield up a true Account to two Justices Quor unus of these things following 1. What Sums of Mony they have received or rated and not received 2. What stock of Ware or Stuff is in their Hands or it the Hands of any of the Poor 3. What Apprentices they have put out and bound according to the Statute 4. What Poor they have set to work or relieved 5. What Poor they have suffered to wander and beg out of their Town or in the Highways or in their Town without their directions 6. Whether they meet monthly to consider of the things belonging to their Office 7. Whether they made their Rates indifferent upon all Men according to their Ability 8. Whether they have endeavoured to gather and levy such Assessments 9. Whether they have neglected the Justices Warrants to them or any of them directed for the levying of any Forfeiture according to the Stat. 43 El. c. 2. Dalt J. P. c. 73. s 153. By the Statute of 30 Car. 2. for Burying in Woollen the Justices are not to allow the Accounts of the Overseers of the Poor until they have given them an Account of the Burials and Certificates and of their levying the Penalties in pursuance of that Act 30 Car. 2. c. 3. Now if the Churchwardens or Overseers or any of them shall refuse to make and yield a true and perfect Account to the said Justices of all such Mony and of all such Stock as aforesaid any two Justices Quor unus may commit them to the common Gaol there to remain without Bail till they have made a true Account and satisfied and paid to the new Overseers so much of the said Sum or Stock as upon the said Account shall be remaining in his or their Hands c. And if they make a false Account they may be bound over to the Assizes or Sessions and there an Indictment may be preferred against them Dalt J. P. c. 73. f. 154. Also if any of the Churchwardens or Overseers shall refuse or deny to pay or deliver over to the new Overseers the Arrearages Sums of Mony or Stock which shall be in their Hands and due and behind upon their Account to be made as aforesaid any two such Justices of Peace may make their Warrant to the present and subsequent Churchwardens and Overseers or any of them to levy the same by distress and sale of the Offenders Goods rendring to the Parties the overplus and in default of such distress any two Justices of the Peace may commit him or them to the common Goal there to remain without Ball until-payment or delivery of the said Sum Arrearages and Stock be made 42 El. c. 2. Dalt J. P. c. 73. f. 154. If any such Stock shall be in the Hands of any of the Poor to work and such Poor shall refuse to deliver the same two such Justices may make the like Warrant to levy the same by distress and for lack thereof may commit such Offenders to the Goal as aforesaid Dalt J. P. c. 73. ibid. And for these aforesaid and all other Negligencies of the Churchwardens and Overseers in the Execution of their Office about the Poor c. every of them for every Default he makes forfeits 20 s. which Default must be proved either by the Offenders own Confession or by Examination of Witnesses and it is to be levied by the new Churchwardens and Overseers or one of them by Warrant from two Justices as aforesaid by distress and sale of the Offenders Goods and for want of Distress two such Justices may commit Offenders to the Goal there to remain without Bail till the said Forfeitures shall be paid which said Forfeitures are to be imployed to the use of the Poor of the said Parish Dalt J. P. c. 73. f. 155. 43 El. c. 2. CHAP. VI. The Overseers Duty about Weights and Measures and Burying in Woollen THere shall be one Weight one Measure and one Yard according to the Standard of the Exchequer throughout all the Realm as well in places Priviledged as without and every Measure of Corn shall be striked without Heap And whosoever shall keep any other Weight Measure or Yard whereby any Corn Grain or other thing is bought or sold shall forfeit for every Offence five shillings being thereof convicted by the Oath of one sufficient Witness before any Justice of Peace or Head-Officer of the City Town or Place where the Offence is done to be levied by the Churchwardens or Overseers of the Poor of the Parish to the use of the Poor of the said Parish by Distress and Sale of the Offenders Goods and for want of Distress to be â—mprisoned without Bail until payment And all Persons upon Suit against him or them for any thing done upon this Act to plead the General Issue and give the Act in Evidence and to have treble Costs if unjustly vexed Dalt J. P. c. 112. f. 246. 17 Car. 2. 6. 19. No Corps shall be buried in any thing other than what is made of Sheeps Wool only or be put into any Coffin lined or faced with any thing made of any material but Sheeps Wool on pain of the Forfeiture of five pounds 30 Car. 2. c. 3. An Affidavit under the Hands and Seals of two Witnesses or under the Hand of the Magistrate or Officer before whom it was sworn for which nothing shall be paid must be brought to the Minister within eight days after the Party is interred that he was not buried contrary to this Act
thrown Ashes Filth or Annoyance before his House Building or Wall shall forfeit 5 s. If before any Church Church yard or publick Buildings or into any Sink or Way publick or private but shall keep it in their Houses and Yards until the Officers come to carry it away or else forfeit 20 s. Churchwardens House-keepers of White-hall or other the Kings Houses or of Noblemens Houses shall be subject to like Penalty so shall Ushers of Courts and Porters and Keepers of other publick Buildings Scavengers and Officers shall come every day except Sundays and Holidays and give notice that the Parties concerned may bring out their Dust c. or forfeit 40 s. for every neglect Every Housholder shall pave and keep repaired the Streets before their Houses and Ground unto the Channâ—l or else forfeit for every Rod 20 s. and 20 s. every Week until it shall be sufficiently repaired Where new Streets and Ways are made which the Justices of Peace in their General Quarter-Sessions shall think fiâ— and convenient to be paved with Stone or Gravel and shall order the same to be done before every dwelling House or Building in such Street or Way Every Person neglecting shall forfeit forty shillings for every such Offence for every Perch and after that rate for a greater or lesser quantity and the like Sum for every Week till the same be paved and amended Where Streets Lanes or Allies have been by Custom otherwise repaired it shall be done by such Persons as are by Custom to do it under the Penalties aforesaid Upon Monday or Tuesday in Easter Week The Constables Churchwardens Overseers and Surveyors giving notice and calling such Inhabitants that have served that Office shall chuse two Tradesmen to be Scavengers who being allowed under the Hand of any two Justices shall within seven days take the Office or pay 10 l. and within seven days after such refusal they shall in like manner chuse another who shall accept or pay 10 l. which Penalties to be levied by Distress and Sale and for want of Distress or Payment within six days after notice at his House to be sent to the Goal until payment Within twenty days after such Election the Constables c. shall call such Inhabitants as have born the like Office and make a Tax by a Pound Rate which being confirmed by two Justices shall be quarterly paid upon demand made by the Scavengers or other Officers appointed to gather the same and being refused shall by Warrant of two Justices be levied by Distress and Sale and for want of Distress by Imprisonment of the Offender until payment The Scavengers are to account for the Mony by them Collected to two Justices of the Peace within twenty eight days after new Scavengers are Elected and to pay what Mony remains in their Hands to the new Scavengers The Scavengers and Rakers for any of the said Parishes shall have liberty by the Order of the Justices in the Petty-Sessions or any two of them to lodge their Soil in such vacant places near the Streets or High-ways aâ— shall be thought convenient by the said Justices for the accommodation of the Country Carts returning empty from the said Parishes they giving satisfaction to the Owners of such vacant places and in case of unreasonable Demands the Justices in their Petty-Sessions may hear and moderate the same If any Persons find themselves aggrieved with the states made by virtue of this Act or any ways prejudiced by the determination of the Justices in their Petty-Sessions they may have recourse to the Justices at their General Quarter-Sessions of the Peace And whereas there are many Common High-ways within the said Parishes which cannot be sufficiently repaired by means of the Laws now in force an Assessment may be made upon all the Inhabitants Owners and Occupiers of Lands and Houses or personal Estate usually ratable to the Poor within any of the said Parishes to be collected by such Persons as the Justices shall appoint at their General Quarter-Sessions the Mony so collected to be employed as the Justices shall direct towards repairing the said High-ways No such Rate shall exceed four pence in the Pound in any one year in the yearly value of Lands Houses or Tenements nor of eight pence for every twenty pounds in personal Estate No Person or Persons whatsoever shall suffer his Waggon Cart or Car to stand in the Hay-market near Pickadilly in the Parish of St. Martin in the Fields St. James within the Liberty of Westminster Borough of Southwark or any other place in the Parishes within the Weekly Bills of Mortality loaden with Hay or Straw to sell the same from Michaelmas to Lady-day after two of the Clock in the Afternoon and from Lady-day to Michaelmas after one in the Afternoon on pain to forfeit five shillings for every Offence and Neglect The Owners and Proprietors of any Cart Car or Dray the Wheels whereof shall not be made six Inches in the breadth or shall be shod with Iron or be drawn with above two Horses shall forfeit forty shillings for every time such Cart Car or Dray shall be used for the uses and to be levied as aforesaid This shall not extend to any Country Cart or Waggon that shall bring any Goods to the Cities or Places aforesaid or shall carry any Goods half a Mile beyond the paved Streets of the said Cities and Places One Justice of Peace upon View or Confession or Oath of one Witness may convict any of the Offences aforesaid if Conviction be upon proof one Moiety to the Overseers of the Poor for the Relief of the Poor of the Place where the Offence was committed the other Moiety to him that shall discover and prosecute the same But if the Conviction shall be by the View then one half to the Poor the other towards repairing and cleansing the Streets to be paid to the Scavengers of the Place to be levied by the Justices Warrant under Hand and Seal to the Constable by Distress and Sale or for want of Distress or Payment within six days after notice at the House to be sent to Goal without Bail 〈◊〉 payment No Person within the Cities of London and Westminster and Liberties of the same Borough of Southwark and Parishes aforesaid shall breed feed or keep any Swine in any Houses or Backsides of the paved Streets where the Houses are contiguous on pain to forfeit the same to the Churchwardens and Overseers of the Poor of the Parish where such Swine shall be kept to the use of the Poor The Churchwardens Chappel-wardens Overseers of the Poor Constables Beadles Head-boroughs or Tythingmen of any the Parishes in the said Cities and Places respectively in the day-time with a Warrant under the Hand and Seal of the Lord Mayor or any other of their Majesties Justices of the Peace may search for such Swine and if any be found they may seize and carry them away and sell them for the best price that can be had and
after the stealing at the Parish or Corporation where they shall find him and make proof within 40 days after by two sufficient Witnesses before the next Justice of Peace of the County or before the Head Officer in a Corporation that the Horse was theirs and repay to the Buyer such price for the Horse as the same Buyer shall upon his own Oath before such Justice or Officer testifie he paid for him 31 El. c. 12. wingates Stat. Tit. Fairs and Markets Co. 2 part Inst f. 718. If a stoln Horse be not sold in Fair or Market according to the Rules aforesaid then such Sale does not alter the Property of the right Owner but he may seize or replevy him wheresoever he finds him 31 El. c. Wingate ubi supra Co. 2 part Inst f. 718. No Person shall buy any Oxen Ronts Steers Kine Heifers Calves Sheep Lambs Goats or Kids alive and sell the same again unless he keep the same five Weeks in his own Grounds or where he hath Herbage by Grant or Prescription upon pain to lose double the value of the Cattle one Moiety to the King the other to the Informer 5 Ed. 6. c. 14. By the Stat. 22 Car. 2. c. 8. There shall be no Bushel but the Winchester Bushel containing eight Gallons and none shall sell by other Measure on pain of 40 shillings If the Clerk of the Market of the Kings House or others authorized to mark or seal Measures â—eing required shall neglect or refuse to seal or mark any Bushel Half Bushel or Peck duly gauged he forfeirs 5 l. for the first Offence and for every other Offence 10 l. or if the Kings Clerk of the Market of his House take more than his Fees or if any other take above one peny for sealing a Bushel one half peny for the Half Bushel or Peck or more than one farthing for any lesser Measure he incurs the Penalties in the Stat. 17 Car. 1. That at the charge of such Persons who have the Toll or profit of the Market where no Toll is taken there shall be before 29 Sept. 1670. one Measure of Brass provided and chained in the Market-place upon pain to forfeit 5 l. 22 Car. 2. c. 8. By the Stat. of 22 23 Car 2. It is further provided That whosoever shall sell or buy any Corn or Salt by the Bag or without measuring being thereunto required or in any other manner than as by the Stat. 22 Car. 2. c. 8. is directed and without shaking the Measure by the Buyer shall forfeit besides the Penalty in the former Act all the Corn or Salt or the value therefore to the Person or Persons complaining 22 23 Car. 2. c. 12. Upon complaint to one or more Justices of Peace the Proof shall lie upon the Defendant to make appear by Oath of one or more Witnesses that he or they did sell or buy according to this and the said former Act wherein if he fail he shall forfeit as by this Act is directed to be levied by distress and sale of Goods by Warrant under the Hand and Seal of one or more Justices before whom such Conviction shall be The Penalties to be distributed one half to the Poor of the Parish where the Offence shall be committed the other to the Informer 22 23 Car. 2. c. 12. DIRECTIONS to Treasurers for the Relief of Poor Maimed Soldiers and Mariners THE Justices of Peace are yearly at the Quarter Sessions about Easter to choose or appoint one or two Persons according to their Discretions of the County for the taking and distributing of the Monies collected for the Reâ—ief of poor maimed Soldiers and Mariners And these Treasurers by the Words of the â—â—ture ought to be Subsidy Men of 10 pounds â—â— Lands or 15 pounds in Goods and these officers are to continue in their Office one Year and new ones then to be chosen in their â—ooms 43 El c. 3. Wingates Stat. Tit. Captains Now for the raising of Mony for these Treasurers the greater part of the Justices in their Quarter Sessions have power to charge every Parish within their Limits towards a Weekly â—elief of maimed Soldiers and Mariners so â—hat no Parish pay Weekly above 10 pence noâ—â—nder 2 pence nor any County which consists â—f above 50 Parishes pay above 6 pence one â—arish with another 43 El. c. 3. When the Tax is levied the Constables and Churchwardens are to deliver it quarterly ten days before every Quarter Sessions to the High Constables of their Division who must deliver to â—â—e Treasurers of the County at the same Quarâ—er Sessions all the same Mony and if the Constables or Churchwardens their Executors c. fail in the payment to the High Constable within the time aforesaid then they are to forfeit 20 s. and if the High Constable fall to pay the Treasurers every Sessions then he forfeits 40 s. which Forfeitures as it seems the Treasurers may levy by Distress and Sale of the Offenders Goods without any Warrant rendring the overplus to the Owner And these Forfeitures are to go in Augmentation of the Treasurers Stock 43 El. c. 3. The maimed Soldier or Mariner which was Prest shall repair if he be able to Travel to the Treasurers of the County where he was Prest if he were not Prest then to the Treasurers of the County where he was Born or were he last dwelt by the space of three years at his Election but if he be not able to Travel then to the Treasurers of the County where he Lands and he is to bring with him a Certificate under the Hand and Seal of the Chief Commander or of the Captain under whom he served containing the particular of his Hurts and Service which Certificate shall also be allowed by the Muster-Master or the Receiver-General of the Rolls for the Muster under one of their Hands 33 El. c. 3. Then upon such a Certificate the Treasurer aforesaid may allow the Party Relief to maintain him till the next Quarter Sessions and then the major-part of the Justices may alloâ— him a Pension which the Treasurers muâ—â— pay him quarterly until it shall be revoked oâ— altered by the said Justices and this Allowancâ— is not to exceed 10 l. per annum to a Commoâ— Soldier nor 15 l. to an Officer under a Lieutenant nor 20 l. to a Lieutenant 43 El. c. â— Wingates Stat. Tit. Captains and Soldiers Where Soldiers and Mariners arrive far from the place where they are to receive Relief the Treasurers there shall give them Relief and a Testimonial whereby they may pass from Treasurer to Treasurer until they shall come to the place required and this shall be done upon the bare Certificate of the Commander and Captain although they have not as yet obtain'd any Allowance from the Muster-Master or Receiver-General of the Muster-Rolls Wingates Stat. Tit. Captains and Soldiers 43 El. c. 3. If any Soldier or Mariner beg or counterfeit â— Certificate he shall be punished as a Common Rogue and shall lose his Pension if he have any 43 El. c. 3. Wingate ut supra When out of the County where the Party was Prest a fit Pension cannot be satisfied it shall then be supplied by the County where he was born or else where he last dwelt by the space of three years Wingate ubi supra 43 El. c. 3. The Treasurers are to Register all their Receipts and Disbursements and must enter the Names of the Parties relieved into their Book and also the Certificate by virtue whereof the Disbursements are made and where they disallow of a Certificate they are to set down â—he Reasons of their Refusal under the Certificate or on the back thereof 43 El. c. 3. Wingate Stat. Tit. Captains and Soldiers If any Treasurer wilfully refuse to give Relief in the Cases aforesaid the Justices of the Peace in their Sessions may set a Fine upon him which may be levied by Distress and Sale of his Goods Wingate ubi supra These Officers at the end of their Year within 10 days after Easter Sessions are to give uâ— a just Account to the succeeding Treasurers oâ— all their Receipts and Disbursements within the time of their Office and then if they have any Mony in their Hands they are to deliver it to their Successors and if any such Officer his Executors or Administrators shall not givâ— up such Account within the time aforesaid oâ— shall be otherwise negligent in the Executioâ— of his Office The Justiceâ— at the Sessions maâ— assess what Fine they please upon him so thaâ— it be not under five pounds but what theâ— please above five pounds upon him his Executors or Administrators Wingate ubi supra 43 El. c. 3. In Corporations the Justices there are tâ— put this Act in Execution and not the Justices of the County This Act is not to prâ—hibit the City of London to make a Tax if neâ— require differing from that above limited iâ— this Act so that no Parish pay above threâ— shillings Weekly nor under twelve penâ— Weekly one Parish with another 43 El. c. 3. FINIS
18 El. and it seems most reasonable to be so and yet the common opinion and practice is otherwise to wit to send the Child with the Mother to the House of Correction And this may also seem reasonable where the Child sucketh on the Mother Dalt J. P. c. 11. f. 41. If a Woman with Child be sent to the House of Correction and there be delivered the Child must be sent back to the Parish where the Woman came from there to be relieved Also if a Woman be travelling and have her Child with her and is apprehended and sent to the Goal and there hanged for Felony in this case the Child shall not be chargeable to the place where the Goal is but to the place where it was born if it can be known otherwise to the place where the Mother was apprehended and so was the opinion of Sir Nicholas Hiâ—â— 3 Car. 1. The two next Justices Quor unus in â—â— next to the Limits where the Parish Church â—â— may take order as well for the punishment oâ— the Mother and reputed Father of a Bastarâ— Child as also for the Relief of the Parish wheâ—â— it is born by charging the Mother and Fatheâ— with the payment of Mony weekly toward the keeping of it or otherwise And if the Mother or Father perform not the Justices order therein they are to suffer Imprisonmeâ—â— without Bail except he or she give Security â—â— perform or else to appear at the next Sessions and abide the order of the Justices there if any be made there and if none be made then â—â— stand to the first order Dalt J. P. c. 11. f. â— 18 El. c. 3. Note That this Order may be made by any two Justices of the County Quor unus as it â—â— held by some but most properly by the tâ—â— next Justices and the question must be aboâ—â— such a Bastard Child as is like to be a charge to the Parish and the Security must be giveâ— to the Parish where the Child is born to secure the Parish from the charge of the Child or to keep the Child it must be a Parish with in the County where the two Justices have power and the Order must be certain how long the reputed Father must keep the Child secure the Parish c. and it must be made against the Person that is suspected to have gotten the Bastard Child and not against anotheâ— Person to contribute towards it because it was gotten in his House c. and the Order musâ— express the Child by the Name of a Bastard Child and not the reputed Child of such an â—â—e and the Justices for the better discovery of â—he Matter may upon Oath examine the Moâ—her her self concerning the reputed Father â—he time c. Dalt J. P. c. 11. fol. 40. 18 Eliz. c. 3. 7 Jac. c. 4. See Steels Rep. fol. 154 245 246 247 388. and see Pridgeons Case Hill 9 Car. 1. B. R. and Slaters Case Pasch 13 Car. 1. B. R. Cro. Rep. 1 part CHAP. V. The Overseers Office in making of Rates and passing Accounts THE Churchwardens and Overseers of the Poor or the greater part of them for â—he doing and performing of the things they have in charge may raise weekly or otherwise by Taxation of every Parson Vicar and other Occupier of Land House or Tithes Cole-mines or saleable Underwoods within the Paâ—ish Town c. such a Sum as they shall â—hink fit and this Rate they must have allowed and confirmed under the Hands of two Justices Quor unus and then by Warrant from â—hem or any other two Justices Quor unus â—hey may levy by distress and sale of the Goods of the Party refusing to pay the said Tax rendring the overplus to the Owners and â—n default of Distress two such Justices may commit the Party to prison there to remain without Bail till he be discharged by him 43 El. ch 2. Dalt J. P. c. 73. f. 148. Wingates Stat. Tit Poor People Now these Rates ought to be well and trâ—lâ— made according to Mens visible Estates real â—â— personal within the place only and not so any Estate elsewhere at Lincoln Assises 9 Can. by Justice Hutton and Crook Note That a Parish in Reputation shall be â— Parish within this Law so that if A. be an â—â—cient Parish that hath Officers in it and theâ—â— be a Town within this Parish which for a loâ—â— time hath been used and reputed as a Parâ—â—â— and hath all Parochial Rights as Churchwardens c. here this place may be rated as â— Parish towards the Poor Huttons Rep. fol. 93. â— M. 3 Car. B. R. Hilton Pauls Case Cro. 3 pâ—â— Rep. This Tax must be set upon the Tenants and Occupiers of Lands and nor upon the Land lords Living within or without the Parish fâ—â— the Tenant only is chargeable for the Land Bâ—â—strods 1 part Rep. fol. 354. The Parson having a full tenth Part of the Profits of the Place may be rated to a tenth Part Resol Judges 1633. sect 33. He that doth occupy Lands in his own Hands lying in several Parishes he must be charged in every Parish for his Land lying therein only according to the proportion thereof and â—â— more but for his personal Estate it seems reasonable he should be charged for it in the place where his Person is All Lands Ancient Demesn Guildable and Copyhold are to be charged with these Rates which ought to be according to the value or by the pound and not according to the quantity Sed consuetudâ— tollit Legem The Rate for Stock or Goods is thought reasonable to be set after the proportion of Lands viz. an 100 pound in Stock to be rated after 5 or 6 pound a year in Land Note That in some special Cases a Man may be rated beyond his Ability as where one brings a Charge upon a Parish or under any pretence brings in a Man that may be chargeable in a Parish he may if there be cause for this be raised in his Rate to the full value of his Estate and so was the Opinion of Sir Nicholas Hide Dalt J. P. c. 73. f. 167. Where the Inhabitants of any Parish are not able to relieve their Poor any two Justices Quor unus may tax other Parishes and Places within the Hundred yea the whole Hundred if need require and where that is not sufficient the Justices in their Sessions may tax the County in part or wholly at their discretion 43 El. c. 2. Wingates Abr. Stat. Tit. Poor People 14 Car. 2. c. 12. If any Persons find themselves aggrieved in any Tax or other Act done by the Overseers or by the Justices of Peace they are to be relieved at the Quarter Sessions Dalt J. P. c. 73. f. 160. Wingates Abr. Stat. Tit. Poor People The Father Grandfather Mother Grandmother and Children of every poor Person shall be assessed towards their Relief as the Justices of the Peace in their Sessions of the Peace in the County where such
which shall be taken before some Justice of Peace Master of Chancery Ordinary or Extraordinary Mayor Bailiff or other chief Officer of the City County Borough c. where the Party was buried And if no such Affidavit be brought the Minister shall give notice thereof under his Hand to the Churchwardens or Overseers of the Poor who within eight days after shall repair to the Chief Magistrate in any Town c. if buried there else to a Justice of Peace who upon Certificate thereof from the Minister c. shall grant a Warrant for levying the Forfeiture by distress and sale of the Goods of the Party deceased or in default thereof of the Persons Goods in whose House the Party died or the Goods of any that had a Hand in putting such Party into any Shroud Coffin c. contrary to this Act or that ordered the same And if such Person were a Servant and died in the Masters Family the Masters Goods to be liable And if such Person died in his Parents Family the Parents Goods to be liable One Moiety of which Forfeiture shall be to the Poor of the Parish where the Party is buried the other to him that shall sue for the same 30 Car. 2. c. 3. Ministers Churchwardens and Overseers Justices of Peace or Chief Magistrates neglecting their Duty aforesaid shall forfeit five pounds for every Offence to be recovered by Action of Debt Bill Plaint c. wherein the Prosecutor shall recover his full Costs so as the Suit be commenced within six months after the Offence committed one fourth part of the Forfeitures to the King two fourth parts to the Poor of the Parish where the Offender dwells and one fourth part to the Informer 30 Car. 2. c. 3. Every Minister shall keep a Register of all Burials and Affidavits And where no Affidavit is brought as aforesaid shall enter a Memorial thereof against the Name of the Party interred and of the time when he notified the same to the Churchwardens or Overseers of the Poor And the Overseers when they give up their Accounts at the Sessions or to any two Justices at their monthly Meetings shall give an account of the Name and Quality of every Person interred since their former Account and of such Certificates and of their levying the Penalties and of their disposal thereof on pain of five pounds to be levied by distress and sale of Goods by Warrant from the said Justices or two of them and their Accounts shall not be allowed till they have accounted for their Burials 30 Car. 2. c. 3. No Penalty shall be incurred where the Party died of the Plague If any Person be prosecuted for what he shall do in pursuance to this Act he may plead the General Issue and give this Act in Evidence And upon a Nonsuit Discontinuance or Verdict for him or Judgment upon a Demurrer he shall have treble Costs 30 Car. 2. c. 3. And now by the Statute of 32 Car. 2. where no Justice of Peace shall reside or be to be found in any Parish where any Party shall be interred such Oaths or Affidavits may be adminstred not only by such Magistrates as aforesaid but by any Parson Vicar or Curate in the same County other than of the Parish or Chappel of Ease where the Party is interred and they are to attest the same under their Hands gratis 32 Car. 2. c. 1. The Overseers Duty about Irish Cattel See Duty of Constables ch 8. Their Duty in suppressing Conventicles See Duty of Constables ch 9. Note That the Overseers of the Poor are to receive for the use of the Poor of the Parish where the Offence is committed of such who kill or take in the night-time any Conies upon the Borders of Warrens or other Grounds lawfully used for keeping of Conies except Owners c. or Persons by them imployed and of such who use Snares Harepipes or other like Engines or who take any Fish by any Net Angle or other Device whatsoever in any Water or River or shall be assisting thereunto without consent of the Lord or Owner of the said Water what Sum the Justice of Peace before whom such Offender shall be convicted shall think meet not exceeding ten shillings which he is to pay over and above recompence to the Owner And in default of payment thereof he that takes or kills such Conies or useth Snares c. shall be committed to the House of Correction for any time not exceeding one month And the Goods of him that takes such Fish shall be liable to distress and for want of a Distress he shall be committed to the House of Correction for any time not exceeding one month unless he enter into Bond with one or more Sureties to the Party injured not exceeding ten pounds never to offend in like manner 22 and 23 Car. 2. c. 24. A GUIDE FOR SURVEYORS OF High-ways and Bridges CHAP. I. How many Sorts of ways there are of the Choice of these Officers with some few General Cases concerning Highways THere are three kind of Ways First A Foot-way called Iter quod est jus eundi â—â—vel ambulandi hominis Secondly a Foot-way and an Horse-way called actus ab agendo and this vulgarly is called a Pack or Drift-way and â—s both a Foot-way and Horse-way Thirdly A Cart-way c. called Via or Aditus and containeth the other two and a Cart-way also for this is jus eundi vehendi vehiculum jumentum ducendi and this is two-fold viz Via Regia The Kings High way for all Men communis Strata belonging to a City or Town or between Neighbours It is called the Kings High-way for that the King at all times hath therein Passage for Himself and his People and may punish all Nusances therein though otherwise the Interest be in the Lord to bring his Action for digging therein or other like Trespass there done Dalt J. P. c. 50. f. 101. and see Rolls Cases 1 part f. 392. 2 E. 4. 9. 8 E. 4. 9. 17 E. 3. f. 43. Bro Chemiâ—e 10 11. Leet 3. 27 H. 6 f. 9. 8 H. 7. f. 5. The High-way is not only the Common Tract where Carts Carriages and People have gone but if the Way be Foundrous thiâ— People cannot pass in the Common Tract and there be Out-lets out of it into the Soll of another adjoyning the People may in such extremity use those Out-lets upon anothers Soil although it be sowen with Corn And that is in such case the Kings High-way as well as the other for the Kings Subjects must have a convenient Passage as was resolved in a Tryâ—â— at Bar against Sir Henry Duâ—comb Tr. 10 Car. Rolls 1 part of Abridgment fol. 390. Therefore where a Way goes through a Mans Land and the Owner of the Land Fence it on both sides he by so doing hath made himself liable to repair the High-way and keep it passable and it is not sufficient for him to keep it in â—â— good repair as