Let this Book be Printed Oct. 20. 1693. G. Treby A GUIDE TO SURVEYORS OF THE High-Ways SHEWING The Office and Duty of such Surveyors with several Cases and Resolutions in Law relating to the same Collected and gathered Out of publick Acts of Parliament now in force and out of the Year-Books and other Books of the Municipal Laws of this Kingdom With an Abridgment Of the Statute of 22 H. 8. Chap. 5. for the repairing of Bridges with Cases relating thereunto And likewise a Summary Of the Statutes made for Paving Cleansing c. Streets Lanes c. in London and other Towns and Places And an Abstract Of Statutes made for the Repairs of High-ways and Bridges in particular Places Methodiz'd into short CHAPTERS for the ready finding out any Matter contain'd in the BOOK By G. Meriton Gent. Non nobis solum nati sumus sed partem Parentes partem Amici partem Patria vindicant LONDON Printed by W. Rawlins and S. Roycroft Assigns of Rich. and Edw. Atkins Esquires For A. and J. Churchill in Pater-noster-Row and Fr. Hillyard Bookseller in York 1694. The Dedication To the much Honoured Sir Marmaduke Wyvil Sir William Strick â—and Sir Brian Stapleton Sir William Franck â—and Sir Henry Marwood Sir William Caley Sir Mark Milbanck Sir Christopher Wandesâ—ord Sir Thomas Pennyman Sir William Chaytor Sir Edward Blacket Sir Charles Hoâ—ham and Sir William Robinson Baronets And to the Honoured Sir Barrington Bourcher Sir William Hustler Sir Henry Bellasis Sir Rich. Osbaldaston Sir William Bowes Sir Jonathan Jennings and Sir Abstrupus Danby And to the Worshipful Will Palmes Tho. York Will. Thompson â—eon Smelt John Wastal Rich. Pierce Tho. â—ascelles Charles Tankred Tho. Worsley â—dw Thompson John Lowther Tho. Langâ—ey Tho. Hesletine John Hill Jun. John Gibâ—on Rich. Stains Roger Talbot John Bealby â—ohn Smelt John Hutton Tho. Pullein Rob. Waters * Henry Metcalfe * Tho. Gower â—ich Darley * James Mountain Constable â—radshaw * Tho. Wakefield Tho. Strangeâ—ayes * Luke Robinson Francis Wyvil Anâ—hony Wharton Will. Pennyman John Hopâ—on and * Tho. Saunders Esquires Their Majeâ—â—ies Honoured and Worthy Justices of the Peace 〈◊〉 the North-Riding of the County of York Honoured and Worthy Sirs THE drowsie Heads of the slumbring Staâ—utes made for the repairing and amendment of High-ways being now rowsed up which Laws for some time by-past have seem'd to be as it were seised on with a Lethargy and the High-ways for lack of putting the Laws in Execution were grown so foundrous as the Law terms it and so extreamly bad that the Owners and Occupiers of Lands in most Places have been necessitated to suffer their Fences to lie down and to permit People to travel over their inclosed Grounds to the private Damage of such particular Persons and the publick Loss and Damage of the whole Country in the decay of Commerce and Trade by reason of the impassableness of the High-ways But since the evigilating and exuscitating of the former Statutes backt with the new Laws of their Majesties KING William and QVEEN Mary the Country People in most Places have set themselves to labour more effectually in the repairing and amending of their High-ways than they have usually done formerly But notwithstanding their Activeness more than heretofore yet they are very defective in the Measures taken about their Repairs in most Places which is principally occasioned through the ignorance of Surveyors of the High-ways in the Duty and Authority of their Office for although your Worships have given these Officers printed Directions and do also acquaint them by Parol Instructions yet many of them are so stupid and dull of Apprehension that unless a thing be reiterated over and over and over again they either cannot or will not apprehend it Therefore I conceived that some little methodical Pocket-Book of the Laws now in force about High-ways might be especially at this juncture of time serviceable to the Country So having set some vacant Hours apart for that purpose and bestowed some little Pains therein I have methodized the product of my Barren Genius into the Vnpolished Form it now appears in and do pardon my Presumption humbly dedicate it to your Worships not at all conceiving or imagining that it can in the least better the Knowledge of any of your Worships in the Matters handled therein But considering that a Prophet is not without Reward but in his own Country and suspecting that this rude and indigested Pamphlet and its Auchor may not only fall under the hard Censure of some but also meet with thâ— Scoffs and Slights of others I do therefore the better tâ— secure and defend my Selâ— and it against such Contumelies and opprobrious Receptions take Asylum under the Protection of your Worships and do not only hope but humbly crave you will noâ—deny Tutelage to him who is Gentlemen Your Worships very Humble Servant G. Meriton TO THE READER CAndid and Ingenuous Reader for so I wish thee to be their Majesties Justices of the Peace appearing now more vigorous and active than usual in putting the Laws in Execution for the amending and repairing the High-ways and many that are called to the Exercise of the Office of Surveyors of the same being ignorant in the extent of their Office and the Power and Authority thereof and the Inhabitants in most Places taking advantage of their Officers Deficiencies in the Knowledge of the Power of their Authority are so remiss in the discharge and performance of their Duties about the amending and repairing their High-ways that the Work is performed very negligently and the Intention of the Laws made for that purpose are tho' not wholly yet in a great measure frustrated To the end therefore that the Surveyors may be the better instructed in the Power and Authority of their Office and the People may learn and know their Duties I have collected this small Abstract of the Laws now in force relating to High-ways and divided the Book in twenty short Chapters under proper Heads for the more easie and ready finding out of any thing comprised therein and being but a small Pocket-Book any one may have it ready at hand to resolve their Doubts and Quaeries And to the end that it may be of general Use and serviceable in all Places and upon all Occasions as well for the Repairs of Bridges other Repairs as for the High-ways I have therefore added an Abridgment of the Statute of 22 H. 8. ch 5. made for the amending and repairing decayed Bridges and of the Statutes made for Paving Repairing and Cleansing of the Streets Lanes and Allies in the Cities of London and Westminster and the Liberties thereof and for several other Towns and Places with divers other Matters relating to the said Places and likewise the Statutes for repairing the Northern Post-Road in the County of Hertford and taking Toll at Wades Mill in the said County lately revived by an Act of Parliament made in the 4 and 5 Years of their Majesties Reigns And lastly An Abstract of
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
served with the said Warranâ—â— or Warrants or the same or a truâ— Copy thereof must be left at his 〈◊〉 their Houses or usual places of Abodâ—â— by the Constables Headboroughs Tythingmen Churchwardens or Surveyors of the High-ways for the timâ— being or some of them and from thenceforth the Person or Persons so nominated and appointed shall be Surveyor or Surveyors of the High-ways for the Year following for the place for which he is so nominated chosen and appointed and shall take the Office upon him or them and duly execute the same according to the Laws made for the enlarging amending and repairing of High-ways And if the Persons so nominated Forfeiture for refusing the Office or neglecting the same and served with the said Warrant do refuse or neglect the Office he or they so refusing and neglecting shall forfeit five pounds to be levied on his or their Goods and Chattels by distress and sale of them by Warrant under the Hand and Seal of two or more Justices of the Peace of the same Division or in default thereof of any Neighbouring Justices of the Peace for the same County which Warrant the said Justices Quare who shall serve the Warrant and make distress and sale for no Officer is named are impowred and required to make upon information of any one credible Witness upon Oath one moiety to go to the Informer and the other moiety to the Repairs of the High-ways of the same Parish rendring the overplus if any be to the Owners Charges of the Distress and Sale being first deducted And in case Upon refusal of the Office J. to appoint others of such neglect or refusal as aforesaid the said Justices are to nominate and appoint some other fit Person or Persons to perform the said Office who upon notice given as aforesaid are to take the Office upon him or them and upon neglect or refusal thereof to forfeit five pounds to be levied and disposed of as aforesaid and if the Constables Forfelture for not returning a List of Names Headboroughs Tythingmen Church-wardens and Surveyor or Surveyors of the High-ways of any Parish Town Liberty or Precinct or some of them do not return such List of Names as aforesaid every of them so neglecting shall forseit twenty shillings to be levied in the manner and imployed to the uses aforesaid And if any Surveyor of Penalty for neglect after the acceptance of the Office the High-ways after his acceptance of the Office neglect his Duty in any thing required of him by the Statute of the third and fourth Years of their Majesties Reigns King William and Queen Mary Chap. 12. He shall for every such Offence forfeit forty shillings to be levied and disposed of as is aforesaid but all Persons for any Offence Offences to be prosecuted within six months and those punished by this Act to be punished by no other Law against this Statute are to be prosecuted within six months after the Offence committed and such Persons who are punished for any Offence by this Act shall be punished by no other Law for the same Offence Surveyors during the time of their Surveyors not putting the Acts of Parliament in execution to be fined by the Justices 3 4 K. Will. Q. Mar. continuance in their Office are to cause the several Acts of Parliament in force made for repairing and amending of High-ways to be put in execution within the Limits of their respective Parishes and Places and the penalties thereby imposed to be levied and disposed of as by the said several Acts is directed and upon refusal or neglect thereof upon complaint made to any Justice of the Peace of the Place or Division where such neglect shall be proved to be done and conviction of the Parties by the Oath of any one credible Witness before the said Justice or upon the view of the Justice himself they shall incur such penalty as the Justice shall think fit to impose not exceeding forty shillings for one Offence the same Fine to be levied by Fines by whom to be levied and how to be disposed of the High-Constable of such Place or Division or any other Officer by Warrant under the Hand and Seal of such Justice of the Peace upon the Goods and Chattels of the person so offending rendring the overplus to the Owner thereof all necessary Charge in the levying the same being first deducted 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 CHAP. III. What things are first to be done by the Surveyors of High-ways after they have taken the Office upon them and within what time anâ— under what penalty and how to be levied and disposed of THE Constables and Churchwardens 2 3 P. M. ch 8. Wing Bridges sect 5. of every Parish with such of the Parishioners as did in Easter Week make choice of their Surveyorâ— for their High-ways were at the same time to appoint four days for amending Then by the Stat. of 5. Eliz. ch 131. six days were to be appointed in manner aforesaid Wing Highways sect 14. their High-ways betwixt that time and Midsummer-day next following and publick notice of the said four days was to be given in the Church the Sunday next after Easter but by the Statute 22 Car. 2. this Clause is altered in all particulars 1. As to the Parties that are to appoint the days 2. As to the time and place of giving notice 3. As to the number of the days And 4. As to the time of the year The Surveyors of the High-ways How many days Surveyors are to appoint 22 Car. 2. ch 12. having taken the Office upon them are to appoint six days for the providing Wingate sect 39. High-ways of Stones Gravel and other Materials for the amendment of and for working in the High-ways having respect to the Season of the Year and the Weather and giving notice publickly some convenient time before the several days at which days all persons liable to the said Work shall attend and work accordingly And in such places Within what time the publick or common days works are to be performed 22 Car. 2. ch 12. Keb. St. f. 1394. sect 3. Wingate sect 33. High-ways where the High-ways cannot be sufficiently amended before the Feast of the Nativity of St. John Baptist yearly the same may and must be sufficiently amended before the Feast of St. Luke yearly without incurring any penalty for the not doing thereof before the said Feast of the Nativity of St. John Baptist according to the former Act And this is the Rule that is now to be observed And every Surveyor of the High-ways Within what time Surveyors are to view all their Ways c. 3 4 W. M. ch 12. is within fourteen days after his first acceptance of the said Office and so from time
f. 103. Poult High-ways 10 11. Wingate High-ways sect 11 Leets are to do and these Estreaâ—â— shall be a sufficient warrant to thâ— Bailiff or High-Constable to levy thâ— â—id Fines by way of distress and if â—o distress can be found or the party â—bstinately refuseth and does not pay â—he Fine within twenty days after demand he or they shall then forfeit â—ouble so much and the Bailiff or High-Constable shall every Year beâ—wixt the first of March and last of April render to the Churchwardens of â—he Parish where the Offence is committed and who have the other part â—f the Estreats an account of the Mony received by him on pain of â—orty shillings and the Churchwardens Pain for not accounting Poult High-ways 10 11. Compl. J. 166 167 Wing ubi supra have power to call the Bailiff or High-Constable to account before two or more Justices of the Peace whereof one of them to be of the Quorum who have power to commit the Bailiff or High-Constable till he have paid â—ll the Monies received by him save â—ight pence in the pound for himself â—nd twelve pence in the pound for the Steward or Clerk of the Peace that made out the Estreats for their Fees which Monies are to be bestowed on Monies how to be bestowed Wing ibid. sect 10 â—he Repair of the High-ways of the Parish where the Offences were committed and the succeeding Church-wardens have the same power of calâ—ing their predecessors to account as they had against the Bailiffs but thâ— Surveyors are now to present the dâ—faults upon this Statute and upoâ— 5 Eliz. 13. and 22 Car. 2. 12. within one month after any default â— And by the Statute 3 and 4 King Wiâ—liam and Queen Mary chap. 12. theâ— are to be presented every four months so see afterwards chap. 7. about Prâ—sentments After the making of the Statute oâ— 18 Eliz. ch 10. 2 and 3 P. and M. some Scruples bâ—ing raised about such Persons as hâ—â— a Plow-land lying in several Parishâ—â— part in one Parish and part in anotheâ— where he should send his Draught anâ— about those who had several Plow-lands how they should be charged and some other Quaeres for resolving of which Doubts and explaining 〈◊〉 the said Act of Parliament it is enacted St. at large f. 609. Keb. f. 859. sect 2. Poult 12. Lamb. 474. Dalt 100. Wing High vvays sect 18. by the Statute 18 Eliz. That eveâ—â— Person except such as dwell in thâ— City of London assessed at five poundâ— in Goods to the Subsidy or wortâ— forty shillings or above in Lands being none of the Parties chargeable foâ— the amendment of High-ways by anâ— former Law but as a Cottager is to find two able Men yearly at the publick or common day-works to labour in the High-ways as by the Statute is Keb. ubi supra sect 3. 4. Poult 13 14. Dalt 99. Bond 110 111. Compl. Just p. 161. Wing ibid. sect 19. appointed And every person or persons occupying a Plow-land in Tillage or Pasture which lies in several Parishes is chargeable only in the Parish where he lives in the same manner as any person is having a Plow-land all in one Parish and he which keeps in his He vvhich keeps a Plovv-land in several Towns to send a Draught tö every Tovvn Wing ubi supra hands or possession several or divers Plow-lands as aforesaid in several or divers Towns shall be chargeable to â—ind in each Town or Parish where the Plow-lands being in his occupation do lie one Cart Wain Tumâ—rel Dung-pot or Court Sleads Cars â—r Drags furnished for the amendment and repair of the High-ways within the several Parishes where the said Plow-lands do lie as if he or they were a Parishioner dwelling there And in such places where there is no Keb. Stat. f. 1359. sect 8. 22 Car. 2. ch 12. Dalt f. 100. Bond 111. Wing High-ways sect 37 use of Cart and Teams for the amendment of High-ways but the usage â—s to carry materials for such amendment upon backs of Horses or by â—ny other kind of Carriages the Inâ—abitants there shall send in such their â—orses as are accustomed to that kind of Labour and such their other Carâ—ages with able persons to work with the same in like manner and under the like penalties as is appointed for Carts and Teams If any fail to make their respective 22 Car. 2. ch 12. Keb. ubi supra sect 9. Dalt f. 102. Bond 111. Wing High-ways sect 38 day labours every year for and towards the repairing the High-ways or neglect to send their respective Carriages Horses and Carts as by Law they are respectively required the Surveyoâ—â— are to make complaint thereof to the next Justices of the Peace who upon Oath thereof made by one Witness may levy by distress and sale of even person sailing or neglecting as aforesaid and not having a reasonable excuse to be allowed by the said Justice that is to say of the Goods anâ— Chattels of every day-labourer one shâ—â—ling and six pence and after that raâ— for every Labourer that is to be seâ—â— in and for every Man and Horse thâ—â— shillings and for every Cart wiâ—â— two Men ten shillings for every râ—spective day they shall make defauâ—â— rendring the overplus to the Owneâ— reasonable Charges being first deducâ—ed which respective penalties so levâ—â— Wing ubi supra shall be imployed for and towards tâ—â— repairing the High-ways in every respective Place and Parish Having shewed how those that oâ—cupy and keep a Plow-land are chargâ—abâ—â— to the repair of High-ways I shall now proceed to shew some Opinions what a Plow-land is and set down some Cases and Resolutions about this matter A Plow-land Hide or Carve of Co. Lit f. 69. 3. Co. Rep. 4. lib. f. 37. b. 9 lib. f. 124. a Dalt f. 104 105. Land being all one as some hold is not of any certain content but so much as one Plow by course of Husbandry may Plow in one year Tanta fundi portio quanta unico per annum coli poterat Aratro and so in some Countries it is more and in some less according to the heaviness or lightness of the Soil and herewith agreeth Mr. Lambart verb. Hide And Sir John In the Reign of King H. 6. Prisot Lord Chief Justice of the Common Pleas saith That a Plow may till more Land in a year in one Country than another and therefore it stands with reason that a Plow-Land should be less in one Country than another Vide in Hill and Granges Case Plo. Com 168. 6 E. 3. 42. 39 H 6. 8 vide 35 H. 6. fâ—l 29. And a Plow-land may contain a Messuage Wood Meadow and Pasture because that by them the Plowmen and the Cattel belonging to the Plow are maintained And venerable Bede calls a Plow-land familiam because it containeth necessary Things for the maintenance of a Family And Crompton in his Jurisd fol. 222. says A
and the general Custom hath been to exâ—use them and it is a Rule in Law â—ptimus Interpres Legum consuetudo Custom is the Laws best Interpreter And where the penning of a Statute Vaugh. Rep. f. 169 〈◊〉 dubious long usage is a just Meâ—ium to expound it for jus noâ—â—a lequendi is governed by usage and the meaning of things spoken or written must be as it hath constantly been â—eceived to be by common acceptation by all which it appears that Ministers But they are â—â—able to pay their proportion of Assessments made for the repairing of High-ways should be excused from the common or publick days works apâ—ointed for the amendment of High-ways in respect of their Church Livings only for if they hire or â—arm any Lands and keep a Draught to mannage those Lands I presume they are chargeable to send to the 〈◊〉 pairing and amending the High-wâ—â— for those Lands they so farm CHAP. V. How Trees Hedges and Bushes 〈◊〉 in or adjoyning to High-wâ—â— are to be ordered and to whom 〈◊〉 Freehold of High-ways belongs 〈◊〉 who shall have the Trees 〈◊〉 therein when they are cut 〈◊〉 and about scowring Dikes and 〈◊〉 and making of Trenches 〈◊〉 what Forfeitures for defaults 〈◊〉 neglects and how to be levied 〈◊〉 disposed of and what breaâ— High-ways and Causeys in them 〈◊〉 to be IT is provided by the Statute 13 F. 1. St. 2. Winchest ch 5. Wing Robberies sect 7. St. at large f. 49. Poult High-ways 18. Dalt J. P ch 50. f. 98. Keb. St. f. 53. Winchester That High-ways 〈◊〉 from one Market-Town to 〈◊〉 other shall be enlarged two 〈◊〉 Feet on either side of the High-wâ—â— so that there be neither Dike 〈◊〉 nor Bush other than Ashes and 〈◊〉 Trees whereby a Man may lurk to 〈◊〉 hurt and if any Robbery be commâ—ted for want of cutting down 〈◊〉 〈◊〉 Underwood and Bushes then 〈◊〉 Lord that ought to cut them down to answer for the Felony and if any 〈◊〉 be done he is to make Fine 〈◊〉 the King and if the Lord be not 〈◊〉 to cut down the Underwoods 〈◊〉 Country shall assist him and in 〈◊〉 Kings Demesne Lands and Woods 〈◊〉 his Forest and without the â—ays shall be enlarged as aforesaid 〈◊〉 where a Park is taken from the â—â—gh-way it ought to be two 〈◊〉 Foot from the High-ways or 〈◊〉 with such a Wall Dike or Hedge 〈◊〉 Offenders may not lurk and have 〈◊〉 and freedom to pass and repass 〈◊〉 do Evil. This Statute hath never been fully The Stat. of Winchester for cutting down Woods c. and clearing the Highways 200 Foot on each side not put in Execution specially within the time of our 〈◊〉 put in Execution for those 〈◊〉 are acquainted with travelling the â—igh-ways and Roads may see in every â—ounty in several places thereof great â—nderwoods adjoyning close to the â—igh-ways where Rogues may and 〈◊〉 lurked and when Robberies have 〈◊〉 committed the Country and not 〈◊〉 Lords have answered for the 〈◊〉 and Parks in many places are 〈◊〉 close to the High-ways not so 〈◊〉 as the Statute requires The Lord of the Leet or 〈◊〉 27 H. 6. f. 8. a. per Cur. 17 E. 3. f. 43. 6 E. 3. Chimin 2. 2 E. 4. f. 9. a. pl. 21. 8 E 4. f. 9. a. pl. 7. 8 H. 7. f. 5. b. pl. 7. Kitch Court Lâ—et printed 1585. p. 48. b. 49. b. 50. b. Rolls Cases 1 part f. 392. B. 5. 10. who hath the Land on both sides an High-way shall have the 〈◊〉 growing in the said Way and where the High-way is over the 〈◊〉 Waste for the King hath but the 〈◊〉 passage for him and his people 〈◊〉 the Freehold and all the Profits are 〈◊〉 the Lord of the Soil as Trees 〈◊〉 c. and he may have an Action 〈◊〉 the Trees taken away or eating 〈◊〉 Grass or digging the Soil c. 〈◊〉 I have known an Action of 〈◊〉 brought for eating the Grass 〈◊〉 in an High-way and although it 〈◊〉 accustomable for Salters and Colliers 〈◊〉 their Horses and eat the 〈◊〉 growing in the High-ways yet 〈◊〉 are Trespassers in so doing And generally the Owner of 〈◊〉 2 E. 4. f. 9. a. pl. 21. per Littl. 8 H. 7. f. 5. b. pl. 2. 18 El. B. R. per Curiam Rolls Cases 1 p. f. 392. B. 10 Kitch Court Leer c. printed 1985. p. 48. b. Soil on both sides of the 〈◊〉 shall have the Trees growing in 〈◊〉 High-way but he who hath the 〈◊〉 but adjoyning on one side of 〈◊〉 High-way shall not have the 〈◊〉 growing upon that moiety of the High-way The Lord of a Rape within whicâ— Pas 11 Jâ—c 1. B. R. Inter Sir Thomas Pelham quer and Wiat and Pack defen Rolls Cases 1 p. f. 392. B. 15. 20 there are ten Hundreds may 〈◊〉 to have all the Trees growing in 〈◊〉 High-way within that Rape althougâ— the Mannor or Soil adjoyning be another 〈◊〉 for usage of taking the Trees is 〈◊〉 good Badge of Ownership The Statute of 5 Eliz. provides 5 El. ch 13. Stat. at large f 443 Poult High-ways 7 8. Keb. f. 802. sect 7 8. Lamb. p. 475. Dalt J. P. f. 100. Bond p. 111. â—hat all Heyes Fences Dikes and 〈◊〉 next adjoyning on either side 〈◊〉 any high or common fairing way 〈◊〉 from time to time be diked 〈◊〉 repaired and kept low and 〈◊〉 Trees and Bushes growing in the â—igh-ways cut down by the Owner 〈◊〉 Owners of the Ground or Sâ—il â—hich shall be inclosed with the said 〈◊〉 Fences Dikes or Hedges aforeâ—â—id whereby the said Ways may be 〈◊〉 and the people have more ready Wing High-vvays sect 15. 〈◊〉 easie passage in the same here is 〈◊〉 penalty set down but the Superâ—isors within one month after Default 〈◊〉 Offence made done or committed 〈◊〉 any person or persons contrary to his present Act shall present it to the â—ext Justice of the Peace on pain of 〈◊〉 shillings and the Justice on pain â—f five pounds Mr. Keble saith a The Book of the Statutes at large printed 1587. f. 444. saith 5 â— Wing ubi suprâ— saith also 5 â— â—undred pounds but I suppose its a 〈◊〉 is to certifie the said 〈◊〉 at the next general Sessions and 〈◊〉 Justices at the Quarter Sessions â—r any two of them whereof one to 〈◊〉 of the Quorum are to assess Fines for such Defaults But here being mention made how the 〈◊〉 forty shillings Fine shall be levied 〈◊〉 paid few Presentments were in 〈◊〉 Cases made and so the Statute waâ— little effect as to these particulars To supply the defects of this 〈◊〉 18 El. ch 10 Stat. at large f. 609 610. Keb. Stat. f. â—59 sect 5. another Act of Parliament made in the eighteenth year of 〈◊〉 Elizabeth and there is it 〈◊〉 That all and every person and 〈◊〉 that shall not repair ditch or 〈◊〉 any Heyes Fences Ditches or 〈◊〉 adjoyning to any High-way or 〈◊〉 By 5
them that then the same shall be levied by the said Surveyors by distress and sale of the Goods and Chattels of the persons so refusing rendring to the party the overplus reasonable Charges for making the said distress first to be deducted CHAP. VII How when where and before whom Presentments upon the Statutes for High-ways are to be made and to whom and within what time and before whom account is to be made by Officers for Monies received by virtue of any of the said Statutes PResentments for Defaults in not 2 3 P. M. ch 8. Stat. at large f. 289 290. Poult High-ways 9 10 Keb. St. f 741. sect 2 4. Lamb p. 475. Dalt J. P. f. 103. Bond Guide for Just J. p. 112. Wing High-ways sect 8 9. coming to the publick or common days-works for amendment of the High-ways by the Statute 2 and 3 P. and M. may be in the Leet or at the Sessions and the Steward of the Leet or any two Justices at the Quarter-Sessions whereof one to be of the Quorum may set Fines at discretion if it be in the Leet then the Steward within six Weeks after Michaelmas is to deliver indented Estreats of the Fines under his Hand and Seal one to the Bailiff or High-Constable of the Hundred Rape c. And the other to the Constables and Church-wardens of the Parish where the default is made and if it be in the Sessions the Clerk of the Peace is to do the like and the Bailiff or High-Constable are to levy Wing High-ways sect 10. by distress the Fines mentioned in the Estreats and where no distress is to be found or denial of payment for twenty days after demand then the parties are to forfeit double so much and the Bailiff or High-Constable are Wing ibid sect 11 yearly betwixt the first of March and last of April to give account to the Churchwardens of the Parish where Offences shall be committed on pain of forty shillings and if they refuse to give account and pay all the Monies bâ— them received save eight pence in the pound for their own Fee and twelve pence in the pound for the Steward oâ— Clerk of the Peace Fees that make the Estreats then the Churchwardens may call them before two or more Justices of the Peace one to be of the Quor who have power to commit them till payment and the Mony is to be bestowed on the repair of the High-ways of the Parish where the Offence was committed and the succeeding Church-wardens may in like manner call their 5 El. ch 13. 22 Car. 2. ch 12. directs the same to be done at the same time Keb. St. f. 1396. sect 12. Crom. 131. Dalt .. J. P. f. 99. Poult J. P. 69 Bond. P. 110. Comp. J. P. 161. Lambert P. 305. Wing High-ways sect 15 16 17. Predecessors to account Surveyors of the High-ways by the Statute 5 Eliz. are to present Default and Offences to the next Justice of the Peace within a month after they are committed on pain of forty shillings and the Justices on pain of five pounds is to certifie the same Presentment at their next general Sessions and by the same Statute every Justice of the Peace may of his own knowledge in open Sessions make presentment of any High-way not sufficiently repaired or of any other Default or Offence committed in the said County within the Limits of his Commission contrary to this Act or the 2 and 3 P. and M. which presentment shall be of the same force as if it had been presented and found by the Oath of twelve Men And the Justices or any two of them one to be of the Quorum may at their general Sessions assess such Fines upon presentments as they think fit saving to the persons so presented their lawful Traverse to the same as they might have upon an Indictment of Trespass or Forceable Entry and the Fines upon such Presentments to be estreated by the Clerk of the Peace and levied and disposed of in manner and form aforesaid The Fines imposed and set on the When Fines set on a Parish for not repairing their High-ways are levied on some particular Inhabitants how they shall be reimbursed presentment of a Justice of the Peace and other Fines and Issues for not repairing of High-ways being oftentimes returned into the Court of Exchequer or other Courts and levied upon some particular Inhabitants anâ— no provision being made for making a Rate to reimburse them it is enacted therefore by the Statute 3 and 4 3 4 W. M. ch 12. of their Majesties Reigns King William and Queen Mary That no Fine Issue Penalty or Forfeiture shall for the future be returned into any of the Qu. how it shall be levied and by whom if by the chief Constable or Bailiff of the Hundred upon an Estreat made by the Clerk of the Peace as is directed by the Statute 2 3 P. M. 5 El. or how else for here is no mention made by this Stat. said Courts but shall be levied and paid into the Hands of the Surveyors of such Parish or Place to be applied towards the repair of such High-way and if any Fine Penalty or Forfeiture imposed on any Parish or Place for not repairing the High-ways be hereafter levied on any one or more of the Inhabitants there then such Inhabitant or Inhabitants may make their complaint to the Justices of the Peace at their special Sessions and they or any two of them by Warrant under their Hands and Seals may cause a Rate to be made according to the form and manner as is set down in the last Section of the sixth Chapter for the reimbursing Surveyors for reimbursing such Inhabitant or Inhabitants the Monies levied on him or them which Rate so made and confirmed by two Justices as aforesaid shall be collected and levied by the Surveyor or Surveyors of the High-ways of such Parish or Place so presented or indicted and the Surveyor or Surveyors within a month next after the making and confirming the Rate must pay unto the Inhabitant or Inhabitants such Mony so levied on him or them as aforesaid Justices of Assize and Oyer and 18 El. ch 10. St. at large f. 610. Pult. J. P. 69. Keb. St. f. 860. sect 9. Wing High-ways sect 23 Terminer and Justices of the Peace in the Sessions and Stewards of Leets and Law-days may hear and determine Offences against the Statute 18 Eliz. and the Surveyors who are to levy the Forfeitures on that Statute and the Constables or Churchwardens who in default of the Surveyors are to levy the same are to yield such account appointed in 2 and 3 P. and M. chap. 8. and 5 El. chap. 13. All defects of Repairs of Cawseys 22 Car. 2. ch 12. Keb. St. f. 1394. sect 4. Wing ibid. sect 33. Pavements High-ways or Bridges shall be presented in the County only where such Cawseys Pavements High-ways or Bridges do lie
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
Witnesses upon Oath and iâ— case of default in any of those Officeâ— to be adjudged by the said Justiceâ— the party or parties so convict are 〈◊〉 be committed to the Common Gaâ—â— of the County there to remain without Bail or Mainprize till account bâ— made and payment as aforesaid The Surveyors or any three or moâ—â— Surveyors to charge Teams and Labourers Keb. Stat. ibid. f. 1256. sect 2. of them from time to time as theâ— shall see cause may appoint and râ—quire all Persons inhabiting in thâ— County within three miles of thâ— places aforesaid who by any Law 〈◊〉 Statute in force is or are chargeablâ— to labour at the High-ways or tâ— find any Wain or Cart for the amending thereof upon reasonable notice tâ— send his or their Wain or Cart 〈◊〉 Team or to come to labour in thâ— said High-way at any of the place aforesaid so furnished as the Law direct for amending other High-ways wheâ— and as often as the said Surveyors 〈◊〉 any three or more of them shall â—hiâ—â— needful and appoint for which theâ— shall pay them according to the rate â—f the Country upon pain to forfeit â—n shillings for every Team every day making default and every Labourer â—ighteen pence but none are to send â—heir Team Cart or Waggon for â—mending the said Way or to go and â—abour therein above three miles from â—â—eir Dwelling-houses nor above three â—â—ys in one Week nor in Seed-time â—ay or Corn-Harvest and any two â—r more Justices of the Peace of the County are to determine all Differences â—out the Hire of such Persons and seams Carts and Waggons and the â—â—stices determination in such cases to In what places the â—urveyors may dig for Gravel c. Keb. Stat. ibid. f. 1257. sect 3 â—e conclusive and where there is not â—ufficient Gravel Chalk Sand or â—tones within any Parish Town or â—illage or Hamlet wherein the said â—igh-way lies then three or more of â—he Surveyors or such Persons as they â—ppoint may dig take and carry â—way such quantities of such Materials â—ut of the Waste or Common of any â—eighbouring Parish Town Village 〈◊〉 Hamlet as they think necessary for â—he repairing of the said Way withâ—ut paying any thing for the same â—â—d when there is not sufficient in such â—â—ces then they may dig in the several Grounds of any Persons where such Materials are to be found not being anâ— House Garden Orchard Yard or Parâ— stored with Deer within any Parish chargable towards the Repairs of the saiâ— High-way and carry away from timâ— to time such quantities as aforesaid without paying any thing for the same save only reasonable Satisfaction to the Owners or Occupiers of the Grounds for the damage they shall thereby sustain to be assessed in case of any difference by the Justices of the County at their next or any other Quarter Sessions held for the County and the Pits or Places so digged to be filled up with all convenient speed to be adjudged by the said Justâ—ces and levelled with Earth or other Materials or else railed about so as the same may not be deemed dangerous to Man or Beast The Surveyors with the consenâ— Surveyor mâ—y engage thâ— Toll for present Mony Keb. Stat. f. 1258. sect 6. of the Justices of the Peace at anâ— Quarter-Sessions of the Peace to be held for the County by Indenture under the Hands and Seals of the said Surveyors for the time being may transfer and grant the Profits of the Toll for any time or term not exceeding nine Years to any Person or Persons that shall and will upon that Security advance any present Sum or Sums of Mony towards the present â—â—paration of the said High-ways for the repaying the same with Interest When and how the Justices may make a Rate Keb. ibid. and in case Mony cannot be borrowed on that Security then the Justices at their Quarter-Sessions when they see cause may make a Rate for the repair of the said High-way of such Sum or Sums of Mony as they think fit for the speedy effecting the Repairs thereof to be raised upon the Parishes that lie in or near the said Road and to be paid to the Surveyors or to their Receiver or Collector and in â—ase of refusal by any Person to pay then the said Surveyors or their Receiver or Collector may distrain for such Sum or Sums of Mony and sell the Distress rendring the overplus to the Owners and the Mony so advanced Repayment out of the Toll to the Towns charged with a Rate Keb. St. f. 1258. sect 7. Such as were formerly chargeable towards Repairs to be so still Keb. ibid. f. 1259. sect 11. by the said Towns is to be repaid by the Surveyors as it doth arise out of the Toll and such Persons who by â—aw are chargeable towards the repairing of the said High-way and Places shall still remain so chargeable notwithstanding this Act of Parliament All Fines and Forfeitures incurred Fines and Forfeitures to be levied by the Surveyors Keb. Stat. 1258. sect 9. by this Act shall be paid to the Surveyors or any three of them or their Treasurer towards the repairing the said High-ways and Places and in In Case of refusal or death new Surveyors to be chosen Keb. ibid. case of refusal or of Persons accepting and dying in the Office or discharge for any lawful Impediment then two or more Justices in the County living in or near the said High-ways and Places aforesaid are to appoint some other fit person or persons within the County in the place of him or them so refusing dying or discharged and such persons as are so chosen having notice thereof given under the Hands and Seals of such Justices so choosing them are to take upon them the Office and execute the same in such manner and under such Penalties as if he or they had been chosen by the Justices at their Sessions of the Peace in manner aforesaid and all Suits upon Actions upon this Statute to be laid in the same County general Issue pleaded and give special Matter in Evidence Keb. ib. sect 10. this Act to be laid in the same County and the Desendant may plead the General Issue and give the Special Matter in Evidence and if at the Tryal it appear the Matter was done in pursuance and by authority of this Act and that such Action shall be brought in any other County then the Jury to find for the Defendant and upon such Verdict or that the Plaintiff shall be non-suited or discontinue this Action after the Defendants appearance or if upon Demurrer Judgment shall be given against the Plaintiff the Defendant shall have double Costs and have like remedy for the same as any Defendant hath in other Case by Law And this Act was to continue for eleven years which ended Anno Dom. 1674. Then by the Statute of the 16 and 16 17 Car. 2. ch 10. Toll at Wades Mill continued for
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
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
Eliz. ch 13. they are to cut dovvn the Trees and Bushes but by this Act if they be but kept lovv it seems is sufficient Fairing-way or shall not 〈◊〉 down or keep low all Trees and 〈◊〉 growing in or next adjoyning to 〈◊〉 of the said Ways according to 〈◊〉 true intent of 5 Eliz. chap. 13. 〈◊〉 Wing High-vvays sect 20 22. every Offence therein committed 〈◊〉 forfeit and lose for every 〈◊〉 ten shillings to be levied in 〈◊〉 Parish by the Surveyors of the 〈◊〉 ways within that Parish for the 〈◊〉 being by distress and sale of 〈◊〉 in manner and form as Fines 〈◊〉 Amerciaments in Leets have been 〈◊〉 and the Mony to be imployed 〈◊〉 the High-way where the Offence 〈◊〉 committed and in default of 〈◊〉 Surveyors not levying and 〈◊〉 same within one year after the 〈◊〉 committed then to be levied 〈◊〉 aforesaid by the Constables or â—â—urchwardens of the Town or Parish 〈◊〉 the work ought to be done the High-way as aforesaid and 〈◊〉 he or they so levying any of the 〈◊〉 Penalties or Forfeitures shall make 〈◊〉 yield such account as is appointed the Statutes of 5 Eliz. chap. 13. 2 and 3 Ph. and M. or either of 〈◊〉 It is enacted by the Statute of 3 4 W. M. ch 12. and 4 of their present Majesties 〈◊〉 King William and Queen 〈◊〉 That no Tree Bush or Shrub 〈◊〉 be permitted to stand or grow in 〈◊〉 High-way not full twenty Foot Qu. if the High-vvay be not above 20 Foot broad vvhether the Trees c. need be cut dovvn or no by the vvords of this 〈◊〉 but the same shall be cut down 〈◊〉 up and carried away by the â—wner or Owners of the Land or 〈◊〉 where the same grows within 〈◊〉 days after notice given to him or 〈◊〉 by the Surveyors of the Highâ—ays Quare hovv the distrâ—ss shall be taken and penalty levied for here is povver given to Justices to make a Warrant but no Officer named to execute it as is usually done in such Cases in other Statutes or any of them on pain of 〈◊〉 shillings for every neglect to be 〈◊〉 on his or their Goods and 〈◊〉 by distress and sale of the 〈◊〉 by Warrant under the Hand and 〈◊〉 of two or more Justices of the 〈◊〉 of the same Division or in default thereof any neighbouring 〈◊〉 stices of the Peace for the said 〈◊〉 which Warrant the said Justices are make upon information upon Oath any one credible Witness one 〈◊〉 to the Informer and the other 〈◊〉 towards the Repairs of the 〈◊〉 of the said Parish rendring the 〈◊〉 plus if any be to the parties 〈◊〉 the Charges of distress and sale 〈◊〉 first deducted And the Possessors of Land 〈◊〉 3 4 W. M. chap. 12. If the vvay be above 20 Foot broad adjoyning to the High-ways 〈◊〉 they are not twenty Foot broad 〈◊〉 from time to time and at all 〈◊〉 Qu. if the Hedges must be plasht c. for the Intention of the Parliament is That People and Carriages in such narrovv vvays might have free passage and the Sun shine into them to dry them but if they be above 20 Foot broad it seems by these vvords as if there vvere no need of such plashing and pruning keep their Hedges plasht cut or 〈◊〉 so as no Tree Bush or Shrub 〈◊〉 grow or stand in any such 〈◊〉 nor any Bough or Branch 〈◊〉 the same or any part thereof but 〈◊〉 Hedges must be kept cut and 〈◊〉 right up from the Roots so that 〈◊〉 may not spread and hang into 〈◊〉 High-way so that there may be clear and free passage for all sorts Travellers and Carriages and that 〈◊〉 Sun may freely shine into the said 〈◊〉 to dry and amend the same for 〈◊〉 some narrow Ways the Trees 〈◊〉 Hedges over-hang them so much 〈◊〉 neither Sun nor Wind can come 〈◊〉 them and so they are always bad 〈◊〉 besides People who are Strangers 〈◊〉 travel there after it is dark are 〈◊〉 danger of being knockt off their horses or of scratching their Faces or tearing their Clothes or some other mischief Every Supervisor or Supervisors 5 El. ch 13 Stat. at large f. 443 444 Poult High-ways 86. Keb. St. f. 802. sect 6. Dalt J. P. f. 103. Bond. p. 112. Wing High-ways sect 21 12. within the Parish or Limits where they 〈◊〉 Supervisors have power and authority by virtue of the Statute 5 El. 〈◊〉 turn any Water-course or Spring of Water being in the High-ways 〈◊〉 any Ditch or Ditches of the several 〈◊〉 or Soil of any person or 〈◊〉 whatsoever next adjoyning to 〈◊〉 said Ways in such manner and 〈◊〉 as they think fit and convenient 〈◊〉 all such as occupy any Lands 〈◊〉 18 El. ch 10. St. at large f. 609 610. Poult ibid. 15. Keb. ibid. f. 859. sect 6. Wing ibid. sect 2â— to the Ground that joyns 〈◊〉 the High-way in which any 〈◊〉 or scouring should or ought to 〈◊〉 are as often as need requires to 〈◊〉 and scower the said Ground so 〈◊〉 the Water conveyed from the 〈◊〉 over the Ground next 〈◊〉 may have passage over the 〈◊〉 Ground so next adjoyning to it 〈◊〉 pain to forfeit for every Rod 〈◊〉 pence for every time the same not ditched and scowred to be levied by the Surveyors or in thâ— default by the Constables or Chuâ—â— wardens and to be disposed of is shewed before in this Chapâ—â—â— And no person or persons havâ— 18 El. ch 10. St. at large ubi supra Poult High-ways 16. Keb. ubi supra sect 7. Lamb p. 475 Wing High ways sect 21. any Ground by Lease or otherwise â—â—joyning to any High-way or commâ—â— Fairing-way leading to any Maâ—â— Town shall cast and scour 〈◊〉 Ditch and throw or lay the 〈◊〉 thereof in the High-way and suffeâ— to lie there by the space of six moâ—â— to the annoyance of the said Hâ—â—â—â—way or common Fairing-way 〈◊〉 That is by the Surveyors or in their default the Constables Churchwardens see before in this Chapter pain to forfeit for every Load two pence to be levied and disposed o◠〈◊〉 the same manner as aforesaid 〈◊〉 where any Soil hath been cast into High-way heretofore that there 〈◊〉 Bank between the said Way and 〈◊〉 Ditch the Surveyors are to 〈◊〉 Sluces or other Devices by their â—â—â—cretions to convey the Water out 〈◊〉 the said Way into the Ditch 〈◊〉 3 4 W. M. ch 12. where the Ditches and Drains alreâ—â—â— made are not sufficient to carry off Water that lies upon the High-way Before the making of this Stat. 3 4 W. M. they had no such power of making Drains in Mens Grounds the Surveyors may make new Ditchâ—â— and Drains in and through the Laâ—â— next adjoyning to the said High-waâ— and keep them scoured cleansed 〈◊〉 open and come upon any of the â—â—d Lands which their Workmen for doing It is enacted by the Statute 3 and 4 3
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
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
Westbury and Powel that it had beeâ— adjudged That where the Inhabitanâ—â— of Southwark had by Custom a Watring-place for their Cattel which 〈◊〉 stopped up by Powel that in 〈◊〉 Case any of the Inhabitants of Southwark might have an Action 〈◊〉 otherwise they should be without remedy because such a Nusance is 〈◊〉 presentable in the Leet or Tourn 〈◊〉 note the diversity If an High-way be not repaired 〈◊〉 5 E. 4. f. 2. b. pl. 24. Br. Action sur le Case 93. and Nusance 29. Kitchin Court Leet c. printed 1581. p. 49. a. b. that I am damaged by myring 〈◊〉 Horse I shall not have an Actioâ— on the Case against him that 〈◊〉 to repair it for this is an Action popular and in this Case no single Person shall have an Action but it shalâ— be presented in the Leet or Tourn c. and there punished If a Man lay Clogs of Wood 〈◊〉 Adjudged M. 15 Juc 1. B. R. in Fowier and Sanders Case Cro. Jac. f. 446. pl. 25. Rolls Cases 1 p. f. 88. n. 15 20. and there in the High-way and suffeâ— them to lie there by the space of two months or such other time although a Man with great care and in the day-time may pass safely yet if 〈◊〉 be riding in the Evening in the Wayâ— not perceiving the Clogs and hiâ— Horse stumbles upon them by which he falls and throws his Rider whereby he is wounded or bruised or otherwise damnified here an Action upon the Case lies against him that laid the Clogs in the way although it be before a Mans Door in a Town Gate or Street and that the People time out of mind have used to lay Clogs before their Doors in the Town or Street for their Fewel or Firing for this is a common Nusance and none can prescribe to a Nusance But if A. being seised of a Waste Pas â— Jac. 1. B. R. inter Blyth and Topham adjudged Cro. Jac. f. 158. pl. 11. Rolls Cases 1 p. f. 88. n. 30. adjoyning to an High-way dig a Pit in the Waste within thirty Foot of the said Way and the Mare of B. escapes into the said Waste and falls into the Pit and dies here B. shall not have an Action against A. because the making of the Pit in the Waste and not in the High-way was no wrong to B. for it was his own fault that his Mare escaped into the Waste but Hill 12 Jac. 1 B. R. in Everard and Hopkins Case per Cur. Rolls Cases 1 p. f. 88. n. 35. it is otherwise if a Pit or Ditch be digged in the High-way for there an Action lies if one falls in or if a Mans Servant falls into such a Ditch and is lamed so that his Master for a long time doth lose his Service in such Case the Master may have an Action upon the Case for the loss 〈◊〉 his Service against him that digged 〈◊〉 Ditch If a Gate be set and hung cross 〈◊〉 Pas 6 Car. 1. B. R. Cro. Car. f. 185 185. pl. 3. James Haywards Case Jones Rep. f. 221 222 223. pl. 1. High-way where none hath been 〈◊〉 ancient time though it be fixed and 〈◊〉 that it may be opened and shut 〈◊〉 pleasure so that their Majesties Subjects may pass and repass yet this 〈◊〉 a Nusâ—nce for it is not so free 〈◊〉 easie a passage as if no such Gate had been for Women and old Men 〈◊〉 more troubled with opening of Gatâ— than they should be if there werâ— none and though the usual course 〈◊〉 33 H. 6. f. 26. Finch Law Lib. 3. ch 2. to redress a Nusance by Indictment yet every person may remove the Nusance and pull it down and so it was held by Hide Jones and Whitlockâ— Justices 6 Car. 1. but Judge Croâ—â— was of a contrary Opinion and said If it were a Nusance there should be no Gates for there cannot be a Prescription to a Nusance and the multitude of Gates in several Ways prove that it never was accounted to be a Nusance But to this Jones said That for ancient Gates in High-ways it shall be intended they were by Licence from the King and upon an Ad quod dampnum fued out of Chancery but Crook conceived that could not be for â— stopping c. but notwithstanding is Opinion it was agreed to be a Nuâ—ance and that a Man might justifie 〈◊〉 pull down such a Gate If the Owner of the Land stop my Tr. 13 Jac. 1. B. R. Bolds Case Sheppards Actions upon the Case ch 5. sect 1. The Common Law Epitom p. 52. Way and lease it to another who â—oth not open it but continues the â—usance I may in this Case have an â—ction upon the Case against the â—essee and so if a Nusance be erectâ—d Cro. Jac. f. 201. pl. 10. Sheppards Actions upon the Case ch 5. sect 1 in my time and I devise the Land â—nd it be still continued then the â—evisee may have an Action upon the â—ase for the Continuance is a new â—usance If one have a Way over another Mich. 28 29. Eliz. B R. in Dike and Dunstans Case Godbolts Rep 52â— 53. ca. 65. 〈◊〉 Ground and by rooting of Cartâ—heels the Way is so digged and â—â—owned that they cannot so well use 〈◊〉 as formerly in this Case the party 〈◊〉 the Way cannot justifie to fill 〈◊〉 the Cart-roots and dig a Trench 〈◊〉 let out the Water as it was held in 〈◊〉 and Dunstans Case and it being â—emanded what remedy he should have â—â—stice Shute made Answer and said 〈◊〉 he went that Way before in his 〈◊〉 let him now pluck on his Boots CHAP. XI An Abridgement of the Statute 〈◊〉 22 H. 8. chap. 5. about the 〈◊〉 of Bridges with some Expositioâ— and Cases in Law relating therâ— unto FOUR Justices of the Peace bâ— 22 H. 8. ch 5. Keb. St. at large printed 1684. f. 384 385. sect 1 2 3 9. Poult Abst of the Pâ—nal Stâ—t Tit. Just of Peace sect 70. Lamb. p. 474. Dalt J P. f 44 45. Compl. J. p. 45 46. Bond p. 54 55. Wingate Bridges sect 3. not under that number where one to be of the Quorum in eveâ— Shire Franchise City or Borougâ— have power in the general Sessions 〈◊〉 the Peace to enquire hear and dâ—termine of all manner of Annoyancâ— of Bridges broken in the High-ways and of the High-ways next adjoyâ—ing to either end of the said Bridgâ— by the space of three Hundred 〈◊〉 and shall make Process and Pains upâ—â— every Presentment before them for tâ—â— Reformation of the same against suâ—â— as own to be charged with the Râ—pairs thereof as they think 〈◊〉 for the speedy amendment thereof 〈◊〉 when it cannot be known what Huâ—dred Co. 2 Inst f. 70â— Poult Bridges 1. Wingate Bridges sâ—ct 4. Riding Wapentake City Towâ— or Parish nor what Person or 〈◊〉 Politick ought to repair a Bridge 〈◊〉 Way at the end of it then if the 〈◊〉 〈◊〉 without
a City or Town Corpoâ—â—te it must be repaired by the Shire 〈◊〉 Riding within which it is situate 〈◊〉 if it happen to be part in one â—hire Riding City or Town Corâ—orate and part in another then the â—nhabitants of the several places shall reâ—air their several parts that lie within â—â—eir Precincts And in every Case where it cannot 22 H. 8. ch 5. Co. ibid. f. 703. Keb. ibid. sect 4 5 8. Poult ubi supâ—a Bridges 2. 〈◊〉 known and proved what Persons 〈◊〉 Tenements or Bodies Politick 〈◊〉 or make and repair the same Wingate Bidges sect 5. 〈◊〉 four Justices of the Peace one to 〈◊〉 of the Quorum within the Limits 〈◊〉 their several Commissions and Auâ—â—orities have power to call before â—â—em the Constables or two able Men 〈◊〉 every Town and Parish within the 〈◊〉 Riding City or Town Corpoâ—â—te and with the assent of the said So that by thâ—â— Act the Justices cannot make the Tax without the Constable or two Inhabitants noâ— they without the Justices Co. Inst 2 p. f 704. â—onstables or Inhabitants may make Tax of such a reasonable Sum of 〈◊〉 upon every Inhabitant in any 〈◊〉 City Town or Parish within the 〈◊〉 of their Commissions as they all think fit and the Names and Every Inhabitant is to be taxed by himself and not a gross Sum upon a Constable c. Co. ubi supra Poult Bridges 3 4. 〈◊〉 of every particular Person so by 〈◊〉 taxed being written in a Roll 〈◊〉 the Justices shall appoint two â—â—llectors for every Hundred who receiving one part of the Roll so 〈◊〉 dented under the Hands and Seals the said Justices by virtue thereof 〈◊〉 are to collect and receive the 〈◊〉 therein mentioned and to 〈◊〉 upon such as refuse and to sell 〈◊〉 Distress and retain and keep all 〈◊〉 Mony taxed and the residue if 〈◊〉 Distress be better to deliver to 〈◊〉 Owner thereof and the Collectors 〈◊〉 to pay the Monies into the Hands 〈◊〉 the Surveyors appointed by the 〈◊〉 Justices for that purpose who are 〈◊〉 see such decayed Bridges repaired 〈◊〉 amended which Collectors and Sâ—â—veyors and their Executors and Adâ—â—nistrators are to render an Account the said Justices upon pain of Iâ—prisonment Wingate Bridges seâ—â— 8. without Bail till 〈◊〉 make a true Account upon which 〈◊〉 the Justices are to allow 〈◊〉 such reasonable Costs and Charges they think convenient and the 〈◊〉 upon presentment of 〈◊〉 against such Persons as own to chargeable to the making and 〈◊〉 of such Bridges may make 〈◊〉 Process into every Shire within 〈◊〉 Poult Bridges 5. Wingate Bridges sect 6. Realm against such Persons and Sheriffs and Bailiffs of Liberties 〈◊〉 Franchises are to obey the same 〈◊〉 pain make such Fine as the said 〈◊〉 think fit This Act shall not extend to the 22 H. 8. ch 5 Kâ—b St. at large printed 1684. f. 385. sect 6 7. Poult Bridges 6. Wing Bridges sect 7. â—iberties of the five Ports or Members â—â— the same save only that the 〈◊〉 Mayors and Bailiffs elected and 〈◊〉 of the same Ports and every â—â— them have such Power and Auâ—â—ority to enquire hear and determine 〈◊〉 manner of common Annoyances 〈◊〉 Bridges within the same Ports and â—embers as the Justices do in their â—hires and Liberties out of the same â—orts by virtue of this Act. A Bridge in Latin is called Pons a Co. 2 Inst f. 701. in Mâ—rgin 700 in Margin 〈◊〉 Quia tanquam in Aere pendet 〈◊〉 my Lord Cook Because it hangs as 〈◊〉 were in the Air but some derive it 〈◊〉 Pono to place or set Quia ad 〈◊〉 ponitur Because it is set for 〈◊〉 over And the said Lord Cook â—aith That Pons significat omne quod â—uper Aquas transimus Every thing â—â—at we may pass-over the Water upâ—n and Pontage is derived from Pons Terms of the Law and Blounts Law Dictionary verb. Pontage Co. Rep. 8. lib. f. 47. â— 3 E. 3. Ass 445. F. N. B. D. 227. 〈◊〉 signifies sometimes the Contriâ—ution that is given for the mainâ—â—nance or re-edifying of Bridges and â—ometimes the Toll paid for that purâ—ose by those that pass over Bridges â—nd so it is mentioned in 39 Eliz. chap. 24. And before the making 〈◊〉 27 Ass pl. 28. 43 Ass pl. 37. Co. 2 Inst f. 701. this Statute 22 H. 8. Presentments foâ— repair of Bridges might be by 〈◊〉 Common Law before the Justices 〈◊〉 the Kings Bench or before Justices 〈◊〉 Eyre or Commissioners of Oyer anâ— Terminer and in the Tourn or Leet Of common Right all the Counâ—â—â— 10 E. 3. 28. Co. 13 Rep. f. 33. Co. 2 Inst f. 700 701. Pasch 1â— Jac. 1. Poph. Rep. f. 192 Tr. 2 Car. 1. B. R. Tr. 10 Car. 1. in an Information against thâ— Inhabitants of Middlesex for Longford Bridge agreed by the Court Rolls Case 1 p. f. 368. Câ—om 186. b. 187. shall be chargeable to the Reparatioâ— of a Bridge where no other is bouâ—â— by the Law to repair it because it 〈◊〉 a common Easement for the whoâ—â— County And so as to that Point 〈◊〉 Statute 22 H. 8. chap. 5. was but 〈◊〉 affirmance of the Common Law 〈◊〉 those who have Lands on the one siâ—â— of a Bridge or on the other or 〈◊〉 both sides are not bound of 〈◊〉 Right to repair the same But he who hath the Toll of 〈◊〉 14 E. 3 Bâ—rr 276. â—â— Râ—p 13. lib. â— 33. Men or Cattel which pass over 〈◊〉 Bridge or Cawsey ought to repair 〈◊〉 same for he hath the Toll to 〈◊〉 purpose Et qui sentit 〈◊〉 sâ—ntire debet onus Also a 〈◊〉 may be bound to repair a Bridge Râ—tione tenurae Terrarum sive Tenemeâ—torum c. By reason of the 〈◊〉 â—eâ—ist f. 268. â— N. B 〈◊〉 b. Co. 2 Inst f. 700. of his Lands And if such a Persoâ— alien part of these Lands to one Man and part of them to another 〈◊〉 twenty Acres to one and ten Acres 〈◊〉 another and afterwards one of these 〈◊〉 is presented only and found liable 〈◊〉 the Repairs of a Bridge and is 〈◊〉 for the same in this Case 〈◊〉 may have a special Writ de onerando 〈◊〉 rata portione to be discharged for 〈◊〉 Rate according to his proportion 〈◊〉 a particular Man cannot be bound For the Act of the Ancestor cannot charge the Heir without Profit 21 E. 4. f. 38. b. Co. 2 Inst f. 700 13 Rep. f. 33. 27 Ass pl. 8. Crom 187 49 E. 3. f. 5. b. â—â— E. 4. â— 38. b. Dalt J. P. f. 45. â—y Usage and Prescription viz. That 〈◊〉 and all his Ancestors have repâ—ired â—he Bridge if it be not in respect of â—he Tenure of his Land taking of Toll or other Profits as aforesaid But 〈◊〉 Body Politick or Corporate Spiritual or Temporal who are local and have a perpetual succession may be charged by Usage and Prescription for they may bind the Successors