21 years Keb. Stat. f. 1307. sect 3. 17 Years of Car. 2. chap. 10. The Toll taken at Wades Mill was continued for one and twenty years to commence from the time mentioned in the former Act and the Mony arising therefrom to be imployed for the repaying the Debt with Interest borrowed by the Hertfordshire Gentlemen for the repairing the said High-way and that the Persons impowred by the Way between Puckeridge and Barley to be amended with part of the Toll Keb. ubi supra sect 4. former Act for the repair of the said High-way within the County of Hertford to have the same power to repair the Ways leading from Puckeridge to Barley in the same County as they have to repair the High-way in the said County leading from London to York and that they shall and may apply such part of the Toll thereunto having an equal care on both High-ways as they shall find needful and the Collector of the Toll upon Oath Collectors of the Toll to account weekly upon oath Keb. ubi supra sect 8. before the next Justice of the Peace is to account weekly to the Receiver General for the whole Mony received which account so made shall be returned into the next General Sessions to be held for the said County by the said Justice of Peace before whom such Oath was taken and all Persons chargeable by Law towards the All persons chargable to the repairs to pay yearly six pence per pound Keb. St f. 1308. sect 7 12. repair of the said High-ways to remain still chargeable and pay yearly six pence in the pound according to the true value of their Estate towards the repairing of the said High-way during the time of the continuance of this Act to be paid to the Treasurer appointed to receive the Toll and for default of payment by the space of six days after demand then the Surveyors of the High-ways for the time being to levy the same by distress and sale of the Goods of the Party refusing to pay returning the overplus if any be to the Owner Upon adjudication of the Ways being amended and Monies advanced repâ—id then the Toll to cease Keb. Stat. f. sect 9 10. And if before the expiration of the said Term of one and twenty Years the High-ways be adjudged at the publick Quarter-Sessions for the County of Hertford to be sufficiently amended and that such Sums of Mony already borrowed and laid out or shall be borrowed and laid out for the use aforesaid be repaid with Interest for the same then from and after such adjudication made and repayment of such Mony so borrowed and laid out as aforesaid the aforesaid Toll in the said County to cease and determine and if the High-ways shall be sufficiently amended and the Justices of Peace at their Quarter-Sessions make no adjudication in such case the Justices of Assize for the County of Hertford may make such adjudication which being entred with the Clerk of Assize for the said County shall be a good adjudication of the amendment of the said High-ways and from thenceforth the said Debt being fully satisfied to such as shall have advanced any Mony thereupon the said Toll shall cease and determine These two Statutes being expired Toll at Wades Mill and all former Powers given by virtue of the two former Statutes revived for fifteen years as to the County of Hertford 4 5 W. M. ch 9. and the Parliament taking notice that this great Post-Road and the other Way cannot be amended and repaired by the ordinary course of the Laws and Statutes of this Realm now in force â—s to such part thereof as lies within the County of Hertford it is therefore enacted by the Statute of 4 and 5 of their Majesties Reigns King William and Queen Mary That the Toll to be taken at Wades Mill for the County of Herford formerly by force of the before-mentioned Acts of Parliament be revived set up and taken again in the same manner by the said Acts mentioned to continue for the space of fifteen Years from the passing of this Act and that the Monies thereby arising be imployed for the repair of the said High-ways within the said County of Hertford with a Proviso That if the said High-ways Uâ—on adjudication of â—mendment of the High-ways the Toll to cease before the expiration of the said Term of fifteen Years be in good and sufficient repair and an adjudication thereof to be made at the Assizes or the General Sessions of the Peace to be holden for the said County as is provided by the said Statute of 16 and 17 Car. 2. the Tolâ— shall from thenceforth cease and determine as in the said Act is directed and appointed and it is farther provided by this Statute of 4 and 5 of their present Majesties Reigns That the several Officers and Persons impowred in and by the said Acts to the purposes therein mentioned so far as may any ways concern or relate to the said County of Hertford shall have 〈◊〉 like Powers and Authorities by virtue of this Act as they and every of them had by virtue of the said former Acts and that all Clauses Provisions Penalties Forfeitures and Exceptions whatsoever therein mentioned concerning the collecting payâ—ng ingaging or accounting for the â—â—id Toll at Wades Mill be by virtue â—f the said Act renewed and put in execution again during the continuâ—nce of this said Act as if they were particularly expressed and repeated in 〈◊〉 same CHAP. XIV How new Ways may be set out in the Welds of Kent and Sussex and how and by whom Kings Ferry in the Isle of Sheppy and the Ways belonging to the same with the Sea Banks and Sea Works on the Coasts of Norfolk are to be repaired and what the Owners and Occupiers of Iron Works are to perform or pay towards the repair of the High ways in Sussex Surâ—ey and Kent ANY Person within the Welds 15 H. 8 ch 6. 26 H. 8. ch 7. Statutes at large printed 1587. f. 537 538. f. 638 639. High-way Rast 1. Keb. Stat. printed 1684. f. 366. sect 3 4 5. f. 448. sect 3. Lamb. 〈◊〉 lib. 3. ch 1. Dâ—â— J. P. printed 1677. f. 108. of Kent and Sussex with the assent of two Justices of the Peace of the County and twelve discreet Mâ—n of the same Hundred or other Hundreds adjoyning may assign and lay out a new Way in and over the Lands adjoyning to an old Way for the more commodious passage of the People the said Person or others to his use being seised in Fee in Estate of Inheritance of the Lands over which the said new Way shall be laid out and having no respect of profit to accrew thereby and such so setting out a new Way shall have the Soil of the old Way in severalty to him and his Heirs in recompence of the said new Way and within three months after the setting out of any such new Way the said
were no ancient Inclosure on the other side he shall repair but half of the High-way And by the same reason there if there be a common High-way inclosed and one Man hath the Land adjoyning on one side of the way and another Man hath the Land adjoyning on the other side of the way and each of them incloseth his own Land adjoyning to the said way then in such Case they are to repair the way between them There were three parcels of Land M. 1658. B. 8. in Parker and Welsteads Case Siderâ—ins Rep. 2 p. f. 39. 111 112. vide Tr. 5 Jac. 1. B. R. Clark and Coggâ— Case Cro. â—ac f 170. pl. 10. and the necessary private way was out of the first parcel to the second and out of the first and second parcels to the third parcel and J. S. purchaseth all the three parcels and afterwards Aliens the two first parcels to J. N. And whether this unity of possession in J. S. did not extinguish the way came in question and it was said that if it were a way of necessity and no other way to the third parcel which J. S. still kept that then the way doth still remain for it is not only a private Inconvenience to J. S. but also a prejudice to the Common Wealth for Land to lie fresh and unoccupied And so it was adjudged by the Court. If T. have an ancient way over the Horn and Taylors Case Noys Rep. â— 128. Sheppards Actions upon the Case ch 5. sect 4. cap. 8. Close of H. and H. sowes the Close and Way and leaves a Way in another part of the Close yet T. may justifie to go where the ancient Way is and is not bound to go in the unplow'd Way And so an ancient common High-way Vide Miâ—h 8. Car. 1. B. R. The King against Ward and Lyme Cro. Car. f. 266 267. pl. 16. which hath been time out of memory cannot be inclosed or stopped and another way laid out without a Writ of Ad quod dampnum first sued out to enquire whether or no it be to the damage of the Kings Liege Subjects and to whom c. and an Inquisition returned that it is not to the damage of any of the Kings Liege Subjects for without this or the Kings Licence though the new way be as beneficial and commodious for the People as the old way yet the Party may be presented and indicted that turns such an old way and any that is Jones Rep. f. 222. so minded may abate the Nusance and break it down and go the old way And in this Case without a Writ of Ad quod dampnum the Party may stop the new way again at his pleasure and by this laying out a new way the Subjects have not such Interest therein so as they may justifie their going there nor is it any such way that the Inhabitants are bound to watch there nor are they liable to repair and maintain it The Owner of Land who is not the Hill 2. Car. 1. B. R. Rolls 1 pars ca. f. 390. B. 50. Occupier is not chargeable to the Repairs of Common High-ways but only the Occupier so that the charge is to be upon the Tenant and not upon the Land-lord unless it be covenanted between them to the contrary And this was so agreed by the Court of Kings Bench upon a motion to have a Prohibition to the Marches of Wales upon an Information there preferred in such a Case against the Owner It is provided by the Statute of Marlbridge Marlbr chap. 15. F. N. B. 90. A. Reg. f. 97. b. 183. b. Co. 2 Inst 131. Stat. at large printed 1684. f. 14. Keâ— that no distress shall be taken in the Kings High-way nor in the Common Street but by the Common Law Statutes printed 1684. f. 17. one might have taken a Distress in the Except the King and his Officers having special authority Wingates Distresses sect 11. 17 E. 3. 43. Rolls ca 1. pars f. 671. Kings High-way till it was prohibited by this Statute and this is intended only of Distresses for Rents and Services and not for those things whereof no Distress can be but in the High-way Vide Mich 41 El. B. R. in Smith and Shepheards Case Cro. El. f. 710. pl. 34. 17 E. 3. 1. 43 E. 3. 40. as for Toll c. And in Case 〈◊〉 Distress be taken for Rents and Services in the High-way yet the Party distrained cannot plead it in Bar buâ— Co. Rep. 8. lib. f. 60. b. 11 R 2. Avowry 87. Co. 2. Inst f. 131. must bring his Action upon the Statute And if the Lord comes to distrain Co. Rep. 9. lib. f. 22 a. 44 E. 3. 20. b. 6 R. 2. Resâ—ous 11 H. 7. f. 4. a. pl. 11. 21 H. 7. f. 40. a. pl. 59. Terms of the Law verb. Distress Co. Lit. f. 161. a. Co. 2. Inst f. 131. 2. R. 2. Avowry 182. and seeth the Cattel upon his Tenancy and the Tenant or any other on purpose to prevent the Distress drives the Cattel out of the Ground into other Lands not holden of the Lord or into the High-way in this Case he may freshly follow and distrain them there and is not punishable by this Statute but in both these Cases the Lord when he comes to distrain must have the view of the Cattel within his Fee for iâ— they be driven out before he have thâ— view of them or that the Cattel afteâ— the view go out of themselves or aâ—â— chased and driven out for some other cause and not to prevent the Distress then the Lord may not distrain them iâ— another Mans Land or in the High-way for Rents and Services The Country by the Statute of 13 E. 1. Stat. 2. ch 2. 28 E. 3. ch 11. 27 El. ch 13. Co. Rep. 7. f. lib. f. 7. a. Wingate Abridg. Stat. â—it Robberies sect 5. Statat large printed 1684. f. 52. â—inchester are to take care so to secure their High-ways that people may Travel with safety for if one be robâ—ed the Hundred where he is robbed â—s to make satisfaction and if it be done in the Division of two Hundreds both Hundreds shall be answerable but Dalt J. P. printed 1677. ch 84. f. 215 Bonds Guide for J. P. p 199. Wing-Robberies sect 17. Statutes at large printed 1587. f. 710. Keb. Stat. printed 1684. f. 885. sect 11. â—hen the Party robbed as soon as he can is to give notice of the said Robbery to some of the Inhabitants of â—ome Town Village or Hamlet next adjoyning to the place where the Robbery was committed and must also within twenty days before he bring his A Justice of the Peace in any of the three Ridings in York-shire is within the meaning of this Stature which names only a Justice of the County and so it was resolved Hill 1657. B. S. in Halls Case â—iderf Rep. 1 p. last printed f. 44 45. Action make Oath
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
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
such Statutes as have been made for the repairing and amending of some particular Wayes and Bridges in some certain Counties in England and Wales If the Book proves serviceable I have my desire and to such as carp and find fault my request is that they will amend the Errors and supply the Defects and consider that est voluisse satis And tho' my Pains do not merit their good Opinion 〈◊〉 I hope they will have 〈◊〉 occasion to be Angry but whether they be 〈◊〉 no it shall not discouragâ— or deter me to be to thâ— utmost of my Power seâ—viceable to my Countrâ— whilst I am G. Meriton A SUMMARY OF THE CONTENTS Of the several CHAPTER' 's Contained in this TREATISE CHAP. I. OF High-ways in general how many kinds of Ways and how distinguished and of some Priviledges belonging to the High-ways Page I CHAP. II. Who are to be Surveyors of the High-ways and how and by whom to be chosen and when and what Forfeiture for refusing to take the 〈◊〉 upon them and how to be levied 〈◊〉 disposed of 〈◊〉 CHAP. III. What things are first to be done 〈◊〉 the Surveyors of High-ways 〈◊〉 they have taken the Office 〈◊〉 them and within what time 〈◊〉 under what penalty and how to levied and disposed of 〈◊〉 CHAP. IV. Who and what Persons are to appeâ—â— and labour upon the publick or common Days appointed by the Suâ—veyors for the amendment and 〈◊〉 pair of High-ways and where thâ—â— are to appear and after what maâ—ner and how long they are to worâ—â— and under what Penalties anâ— how to be levied and disposed 〈◊〉 with some Cases and Resolutions râ—lating to these Matters 2â— CHAP. V. How Trees Hedges and Bushes growing in or adjoyning to High-way are to be ordered and to whom the Freehold of High-ways belongs and who shall have the Trees growing therein when they are cut down and about scowring Dikes and Gutters and making of Trenches and what Forfeitures for defaults and neglects and how to be levied and disposed of and what breadth High-ways and Causeys in them are to be 42 CHAP. VI. What Stones and Rubbish the Supervisors may take for the amendment of the Highways and in what places and how they may dig for Sand Gravel c. And when they are necessitated to buy such Materials at their Charges how they are to be reimbursed 52 CHAP. VII How when where and before whom Presentments upon the Statutes for High-ways are to be made and to whom and within what time and before whom account is to be made by Officers for Monies received by virtue of any of the said Statutes 57 CHAP. VIII Hâ—w Lands given for the maintenance of Cawseys High-ways Pavements and Bridges are to be let and how Assessments are to be made and gathered for the repairing of High-ways and of such as make resistance and oppose such persons 〈◊〉 are imployed in the Execution of the Statutes made for amendment of High-ways and concerning Suits that shall be brought about the same 64 CHAP. IX The Surveyors Duty about travelling Waggons Wains Carts or Carriages with an account when and by whom and where the Prices for Goods carried by Waggoners and other Carriers are to be assessed and rated and the Penalties for taking above such Rates 69 CHAP. X. Of Nusances in publick and private Ways how removeable and punishable and where an Action upon the Case lies for a Nusance and where not 73 CHAP. XI An Abridgement of the Statute of 22 H. 8. chap. 5. about the Repair of Bridges with some Expositions and Cases in Law relating thereunto 2 CHAP. XII An Abridgment of such Statutes as have been made for the paving and cleansing the Streets and Lanes in the Cities of London and Westminster and Suburbs and Liberties thereof and Out-Parishes in the County of Middlesex and the Borough of Southwark 93 CHAP. XIII An Abridgment of so much of the Statutes of 15 Car. 2. chap. 1. e and 16 and 17 Car. 2. chap. 10. as concerns the repairing the ancientd High-way and Post-Road froâ—â—d London to York and so into 〈◊〉 land as lies in the several Parishe Towns Vills and Hamlets in the County of Hertford and now revived by the Statute of the fourth and fifth Years of their present Majesties Reigns 121 CHAP. XIV How new Ways may be set out in the Welds of Kent and Sussex and how and by whom Kings Ferry in the Isle of Sheppy and the Ways belonging â—o the same with the Sea Banks and Sea Works on the Coasts of Norfolk are to be repaired and what the Owners and Occupiers of Iron Works are to perform 〈◊〉 pay towards the repairs of the High-ways in Sussex Surrey and Kent 136 CHAP. XV. The Heads of the Statutes made for paving repairing and maintaining the Streets and Lanes in Cambridge Ipswich and Chichester 145 CHAP. XVI An Abstract of the Statutes made for repairing Huntington-Lane near the City of Chester the common High-way called the Cawsey lying in the Counties of Dorset and Somerset between the Towns of Shaftsbury and Sherborne and for amending the High-ways within five Miles of the City of Oxford 151 CHAP. XVII The Heads of the two Statutes made in the 18 and 27 Qears of Queen Elizabeth for the maintenance and reparation of Rochester-Bridge in the County of Kent 156 CHAP. XVIII An Account of the Statutes of the 39 and 43 Eliz. made for repairing and maintaining the Bridge at Wilton upon Wye in the County of Hereford and Edon and Prestberk Bridges in Cumberland 160 CHAP. XIX How Chepstow-Bridge standing between the Counties of Gloucester anâ— Monmouth is to be repaired aâ— maintained 1â— CHAP. XX. Cardiff Newport and Carlion-Bridgâ— in Wales how to be repaired aâ—â— maintained 1â— A GUIDE FOR SURVEYORS OF THE High-Ways CHAP. I. Of High-ways in general how many kinds of Ways and how distinguished and of some Priviledges belonging to the High-ways AN High-way in our Law-Language Co. Lit. f. 56. 2. Terms of the Law and Blounts Lavv Dictionary verb Chimin and Chiminage Crom. Jurisd f. 189. is called Chimin being a French word for Way whereof cometh Chiminage or Chimmage Chiminagium or Chimmagium which signifies a Toll due by Custom for having a Way or Passage through a Forest to the disquiet of the Wild Beasts of the Forest And no Forester but such as hold in 9 H. 3. Charta Forestâ— cap. 1.4 Forest 14. Rest Fee-Farm of the King are to take any Statutes at large printed 1587. f. 5. Wingates Forests Chases c. §. 14. Keb. Stat. printed 1684. f. 7. Raft Forest 14. Chiminage or Chimmage and such who do hold in Fee-Farm are to take it only in such places where it hath been accustomed to be paid viz. Two pence half yearly for a Cart and for an Horse that beareth Loads every half year an half peny and this must be but of such that come as Merchants by licence to buy Bushes Timber Bark or Coal and sell the same again at
Char. II. they shall not make saâ—isfaction for any Robbery committed â—pon Persons travelling upon Sunday â—ut it is at the peril and loss of the Parties travelling if they be robb'd â—pon a Sunday Now having opened the Ways and â—leared the Passage I shall proceed to â—ntroduce the Officers CHAP. II. Who are to be Surveyors of the High-ways and how and by whom to bâ— chosen and when and what Forfeiture for refusing to take the Officâ— upon them and how to be levied anâ— disposed of I Find no mention made in our Lawâ— Rosinus Rom. An. tiq lib. 7. p. 300. Dalt J. P. ch 50. f. 97. of the Surveyors of High-ways 〈◊〉 about one hundred thirty eight yearâ— ago Anno 2 and 3 P. and M. Buâ— Rosinus tells us that the Senate 〈◊〉 Rome in ancient time took great caâ—â— in making and amending of theâ—â— Ways as well within as without thâ— City Maxima saith he prisâ—â— temporibus Senatus diligentia fuit fâ—ciendâ— sarciendisque viis tam infrâ—quam extra Urbem And the caâ—â— of these Ways was first committed 〈◊〉 the two Censors who were called 〈◊〉 Fenest de Magistr Rom. cap. 17. Godwins Rom. Antiq. lib. 3. sect 2. ch 5. a Censendo because they assessed anâ— valued every Mans Estate and tooâ— notice how every Man lived and carried himself and were reputed of thâ— best Rank of Magistrates in Rome But these Magistrates being too much busied with their other Imployment they chose others whom they called quatuor viros viarum curandarum the four Overseers of the High-ways but the number of their ways increasing particular Ways had particular Surveyors appointed who were called curatores viarum which Caesar Augustus made an Ordinary Office to which Office our Surveyors of the High-ways now answer so that this Office hath been of great Antiquity By the Statute of the 2 and 3 of 2 3 P. Mâ—ch â— St at large printed 1587. f. 289. Poulton Abr. Penal St. High-ways 1. Keb. St. printed 1684. f. 740. sect 2. Wingate sect 5. High-ways King Philip and Queen Mary it is â—enacted That the Constables and Church-wardens of every Parish withâ—n this Realm shall yearly upon the Tuesday or Wednesday in Easter Week call together a number of the Parishiâ—â—ners and then elect and chuse two honest Persons of the Parish to be Surveyors and Orderers for one Year of the Works for amendment of â—he High-ways in their Parish leading â—o any Market-Town the which Perâ—ons shall have authority by virtue of â—he said Office to order and direct the Persons and Carriages that shall be appointed for those Works by their disâ—etions and the said Persons so named â—hall take upon them the execution of â—heir said Offices upon pain every of them making default to forfeit twenty But novv by the St of the 3 4 of K. Will. and Q. Mar. the penalty is 5 â— shillings But the Statute of the 22d of King Charles the Second appoints that the 22 Car. 2. ch 12. Keb. ibid. f. 1396. sect 12. Wingate sect 39. High-wâ—ys Surveyors and Orderers of the Work for the amendment of the High-ways within their respective Parishes shall be yearly chosen and nominated by such Persons as by the Act made in the 2 and 3 years of King Philip and Queen Mary is appointed that is 〈◊〉 the Constable and Church-wardens 〈◊〉 every Parish calling together a number of the Parishioners upon somâ— day in the same week that the Feast 〈◊〉 the Birth of our Lord commonly called Christmas shall be which Person so nominated and appointed shall takâ— upon them the said Office upon paiâ— of incurring the Forfeiture mentioneâ— in the other Act of Parliament 〈◊〉 that this Statute of 22 Car. 2. seeâ—â— to repeal that Clause of 2 and 〈◊〉 P. and M. Quoad tempus sed nâ—â— quoad modum as to the time of thâ— Election of these Officers but nâ—â— to the manner and form of theâ—â— choice And now by the Statute of the thiâ— â— 4 K. Will. â— Mar. ch 12. and fourth years of their present Mâ—jesties Reigns King William and Queeâ— Mary which is the Law now to be observed it is enacted That the Constables The time and form of chusing Surveyors according to the Laws now in force Headboroughs Tythingmen Churchwardens Surveyor or Surveyors of the High-ways and Inhabitants in every Parish shall assemble together upon The Constables Surveyors c. of every Town Liberty and Precinct within the Parish are to assemble and make a List and return it or every of them neglecting forfeit 20 s. as appears by another Clause in this Act. See p. 18. the six and twentieth day of December every Year unless that day shall be Sunday and then on the seven and twentieth and the Major-part of them as are so assembled shall make a List of the Names of a competent number of the Inhabitants in their Parish who have an Estate of ten pounds by the Year in Lands Tenements or Hereditaments Who are to be Surveyors and how qualified either in their own Right or their Wives or are worth an hundred pounds in personal Estate or farm thirty pounds by the Year in Houses Lands Tenements or Hereditaments if there be any such or if there be no such Persons in the Parish then they are to make a List of the most sufficient Inhabitants of the said Parish This List thus made must be returned A List to be returned to the J â— at private Sessions and when to be held unto two or more Justices of the Peace in or near the Division of the County in which their Parish lies at a Special Sessions to be held by the said Justices for that purpose within the said Division on the third day of January next following unless it shall happen on a Sunday and then to be the fourth of the same Month or within fifteen days after of the time Notice to be given before the holding of the special Sessions of the time vvhen and place vvhere and the Justices forfeit 5 â— If they neglect to keep such a Sessions or to put this Act in execution and place of holding of which said Special Sessions the Justices must give ten days notice at the least before the holding thereof to the Constables Headboroughs Tythingmen Church-wardens and Surveyors of the High-ways of every Parish within the said Division and then and there the said Justices by Warrant under their Hands Justices of Peace to nominate the Surveyors and Seals shall nominate and appoinâ—â— out of the said Lists one two or moâ—â— at their discretions of such Persons as they think fit being of like sufficiency as aforesaid to be Surveyor oâ— Surveyors of the High-ways of every Parish within the Division or for anâ— Hamlet Precinct Liberty Tything or Town therein for the Year ensuing And the Person or Persons so nominated Persons named to have notice and appointed within six days afteâ— are to be
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
Hide of Land being the same with a Plow-land contains one hundred Acres and that eight Hides make a Knights Fee but Sir Edward Cook holds That a Knights Fee a Hide or Plow-land a Yard-land or Oxgange of Land do not contain any certain number â—â— Acres In ancient time a Plow-land was of the yearly value of five poundâ— and this was the Living of a Plowmâ—â— or Yeoman Some differences arising upon seven Dâ—lt J. P. ch 50. â— 104. Presentments what should be the Content of a Plow-land an Order of Explanation was made 1 Octob. 16. Jac. That an hundred Acres should be esteemed but afterwards in Kiâ—â— Charles I's Time eight Acres was â—â— be accounted a Plow-land and â—â— proportionably to be charged for mening High-ways A Man that goes with two Draughâ—â— â—â— that keep two or more Draughts â—â—r his own use should sâ—nd as many to the amâ—ndment of the High way Dâ—lt J. P. ch 50 â— 105. Compl Just p. 164 usually or more for the dispatch 〈◊〉 his own Husbandry and keeps peâ—haps above an hundred Acres of Tâ—â— lage Land does usually send but oâ— Wain or Cart furnished to the commâ—â— day works for the amendment of thâ— High-ways and he that keeps but oâ— Dâ—aught and hath but a small quantity of Tillage perhaps of what the other hath yet he is chargeable to send his Wain or Cart furnished to the same Work which by some hath been thought very hard therefore it hath been thought reasonable and warranted by the Statute that he that for his own private business shall usually make and set up two Draughts or Carts shall also for the King and Countries Services be chargeable with two Draughts or Carts though he occupy all his Land but with one Plow and the more Draughts he useth the greater damage he doth to the High-ways though a greater advantage accreweth to himself And Qui sentit commodum sentire debet onus He that doth Profit get At the Burden should not fret This matter in a like Case came in Dalt Compl. J. ubi supra debate in the Kings Bench in Michaelmas-Term 27 Car. 2. upon an Order made by the Justices of the Peace in Middlesex for charging several Brewers and Bricklayers living there and using several Draughts to send so many as they kept for the repairing of the High-ways and the Order being removed into the Kings Bench a Procedendo was awarded by the Lord Chief Justice Hales and the whole Court were all strongly of Opinion that so many Draughts as they kept so many they ought to send for so the service they will do will answer the wrong and damage by them occasioned in the High-ways If a Man occupieth a Plow-land in Dalt J. P. f. 105 106. Pasture for feeding of Cattel but keepeth neither Cart nor Plow yet the Words of the Statute seem to charge him to find a Cart ready furnished and two able Men and so he that keepeth a Draught for Carriage or a Plow though he occupieth little or no Land or Pasture in his own hands yet he is chargeable to find a Cart for the amending the High-ways although he keeps his Plow and Cart only to carry and plow for other Men but quaere saith Mr. Dalton whether he is chargeable to send two able Men with his Cart except he hath in his occupation a Plow-land for theâ— Statute seems not saith he to charge such a Man to send two able Men with his Cart and perhaps he keeps not a Man and then it were hard but if the Rule in Law hold absoluta sententia expositore non indiget then such a Person must send two able Men with his Cart for the words of the Statute 2 and 3 P. and M. chap. 8. are Every person for every Plow-land in Tillage or Pasture that he or she shall occupy in the same Parish and every other person keeping there a Plow or Draught shall find and send c. which is plain and back'd with another Rule in Law Generale dictum generaliter est accipiendum and then there is no excuse but he must send two able Men. And if this be an hard Case it is as hard that a poor labouring Man who is scarce able to get Bread for his Family should be as by the Statute he is compellable to go himself or send an able Labourer in his room to the common day works appointed for amending the High-ways when another Man in the same Town that keeps neither Plow-land nor Draught nor Cart and so comes under the denomination of a Cottager and perhaps is worth five or six hundred pounds is but to send two able Men. He that keeps a Cart for hire and Daâ—t J Pâ—ch 50. f. 105. goes with one or two Horses must send his Cart to the amendment of the High-ways with so many Horses as he goes withal for hire to carry such Loads as they are able to draw It hath been as a Quaere by some Whether Ministers are to sâ—nd their Draughts to the common days works whether Ministers that keep a Plow Cart or Wain and a Draught to load their Tythes and till their Glebe be chargeable to send a Cart or Wain and two able Men to the amendment of the High-ways and it hath been the general Opinion that they are noâ— Co. 2 Inst f. 3. bound to send any for my Lord Cook saith That true it is that Ecclesiastical persons have more and greateâ— Liberties than other of the Kings Subjects wherein to set down all would take up saith he a whole Volume 〈◊〉 it self so he only doth instance and shew some few particulars viz. Theâ— Co. 2 Inst f. 4. Marlbâ— ch 10. Briton p. 19. b. â—h 12. n. 40. Flâ—ta lib. 2 ch 52 sect 7. But if they are chargable to pay towards the repairing of decayed Bridges by the words of the St. 22 H. 8. chap 5. which makes every Inhabitants Iâ—able Co. 2 Inst f. 704. ought not in person to serve in Waâ— nor are they to appear at Sheriffâ— Tourns or Views of Frankpledge and they ought to be quit and discharged of Tolls and Customs Average Pontage Pannage Paviage and the like and if they be molested or distraineâ— for any of these they may have Writ out of the Chancery for their discharge as appears by the Registeâ—â— Regist f. 260. a. F. N B. f. 227. F. Degs Parsons Co. 4 Edition printed 1685 p. 122 123 and Fitzherbert Rex Ballivis suiâ— de B. salutem cum personae Ecclesiastica secundum consuetudinem hacteâ—s in Regno nostro usitatam apâ—obatam ad Toloniam Pannagium Muragium c. de bonis suis Eccleâ—asticis alicubi in eodem Regno praeâ—and nullatenus teneantur vobis praeâ—pimus quod L. S. personam Ecclesiae 〈◊〉 W. ad Toloneum c. And when â—ny Charge is intended to be put upon them or their Spiritual Promotiâ—ns they are set down in express Terms and particularly named
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
4 W. M ch 12. 〈◊〉 their present Majesties Reigns King â—illiam and Queen Mary That the â—â—rveyors of the High-ways shall and â—â—e required by the said Act to make â—â—ry Cart-way leading to any Marketâ—own eight Foot wide at the least â—â—d as near as may be even and level â—â—e is no penalty set down in case of â—ler in the Surveyors but I suppose â—â—t will come within the words of other Clause in this Act where it said That if any Surveyor of the â—â—gh-ways after his acceptance of his â—â—fice shall neglect his Duty in any â—â—ing required of him by this Act 〈◊〉 shall forfeit for every such Offence â—â—ly shillings to be levied and disâ—sed of as the Act directs and how â—at is see before in this Chapter â—t quaere how the Surveyors shall 〈◊〉 â—uch a Way eight Foot wide if 〈◊〉 Owners or Possessors of Lands adâ—ning to the narrow Ways will not â—â—fer it for here is no provision made 〈◊〉 such a Case and the Surveyors canâ—â—t â—nlarge the High-way by laying any part of another Mans Land to without his consent By the Statute of 3 and 4 of tâ—â— 3 4 W. M. 〈◊〉 12. present Majesties Reigns King Wâ—â—liam and Queen Mary it is also 〈◊〉 acted That no Horse Cawsey Cawsey for Horses travelling upon 〈◊〉 in any publick High-way be less under three Foot in breadth 〈◊〉 if defaults herein are to be preseâ—â— at the Justices special Sessions where else and how defaults heâ— are to be punished for here is 〈◊〉 penalty set down by the Act of â—â—â—liament CHAP. VI. What Stones and Rubbish the Sâ—â—visors may take for the amâ—â—â—ment of the Highways and in 〈◊〉 places and how they may digâ—â— Sand Gravel c. And when they 〈◊〉 necessitated to provide such Mâ—â—rials at their Charge how they to be reinbursed THE Supervisors of the Hâ—â—â—ways 5 El. ch 13. St. at large f. 443 444. Poult High-ways 5. may without leave of Owner or Owners take and 〈◊〉 away so much of the Rubbish and Keb. St. f. 802 sect 3 4. Dalt J. P. f. 102. Wing High-vvays sect 12. â—mallest broken Stones of any Quarry â—r Quarries already digged and lying â—ithin the Parish or Limits where â—hey are Supervisors as they shall â—hink necessary for the amendment of â—heir High-ways but they are not â—â— dig for any without leave of the â—wners And if there be no such Quarry or Quarries or Rubbish to be â—und in any such Quarry or Quarries â—ithin their said Parish or Limits â—â—en they may dig or cause to be digâ—ed in any Mans several Ground withâ—â— their Parish and Limits and nigh If there be a River not far from a High-way where there is Gravel c. to be had and it cannot be gotten vvithout going through a Mans Close adjoyning to the High-vvay though the Surveyors may dig in that Ground not being Meadovv c. yet qu. vvhether they mâ—y justifie to go over the same to the River to fetch Gravel vvithout the Ovvners Licence it seems by the vvords of the Statute as if theâ— could not â—â—joyning to the High-way for Graâ—â—l Land or Cinders where they are 〈◊〉 be found and take and carry away 〈◊〉 much as by their Discretions they 〈◊〉 all think meet and convenient to be â—â—ployed in the said High-ways but â—â—ey are not to dig in any House â—arden Orchard nor Meadow of any â—an nor to dig any more Pits but â—â—e and the same Pit or Hole shall â—â—t be in breadth or length above ten â—â—rds over at the most which Pit â—â—ey are to cause to be filled up withâ—â— a month after with Earth at the â—â—osts and Charges of the Parishioners â—â—on pain to forfeit five marks to be recovered by Action of Debt as other like Cases of Debt hath been customed The Supervisors may â— Supervisors may gather Stones lying upon any Mans Lands gather or cause to be gathered Stoâ—â— lying upon any Mans Lands or Grouâ—â— within the Parish and meet to used for such service and purpose â— carry away so much as they think â—â—cessary to be imployed in the amâ—â—â—ment of the High-ways There is no Exception of Laâ— No exception of Lands as to gathering of Stones mentioned in the Act as to the â—â—thering of Stones so that I presuâ— the Supervisors may gather Stones a Mans Meadow-ground but thâ— they ought in Conscience to do it such a time of the Year as Meadow may not be spoiled therebâ— and when the Supervisors dig for â—â—vel c. it must be done in Groâ—â— nigh adjoyning to the High-way â— quaere how far this shall extend â—â— whether they may dig in a Maâ—â— Ground lying two or three Cloâ— from the High-way without his leaâ— and making him satisfaction for â— damage but I conceive if a â—â— have a Close that adjoyns upon â—â— High-way which hath fourscore or hundred Acres in it that all this Clâ—â— shall be said nigh adjoyning to â— â—igh-way and that the Surveyors â—ay dig for Gravel c. in any part the Close where its likely to be â—â—und without being Trespassers to â—â—e Owner or Occupier of the said â—lose When Surveyors of the High-ways 3 4 W. M. ch 12. â—ave been forced to lay out their own â—onies for buying Gravel Sand Stones â—id other Materials for the amendâ—ent of their High-ways in such â—arishes and Townships where they had â—â—one within themselves and no proâ—ision by Law how they should be reâ—â—bursed their Monies they have so â—â—id out It is now enacted by the â—tatute 3 and 4 of their Majesties â—eigns King William and Queen Mary â—hat upon notice given by such Surâ—eyors How Surveyors are to be re-imbursed the Monies they lay out to the Justices of the Peace at â—heir special Sessions and Oath made â—f what Sum or Sums of Mony are â—xpended and laid out upon amendâ—ng and repairing the said High-ways â—he Justices or any two of them at Rate by whom and how to be made â—heir special Sessions by Warrant unâ—er their Hands and Seals may cause â—n equal Rate to be made for the reâ—mbursing the said Surveyor or Surveyors the Monies by him or them â—aid out as aforesaid upon all the Inhabitants of such Parish or Townships where such Monies are so expended according to the Rules and Methods prescribed in the Act for the relief of the Poor made in the three and fortieth Year of Queen Elizabeth which â—â— Bliz. ch 2. Act directs the Taxation to be upon every Inhabitant Parson Vicar and other and of every Occupier of Lands Houses Tithes impropriate propriations of Tithes Colomnies or saleable Underwoods in the said Parish which Rate being allowed by the said Justices in their special Sessions shall be collected and gathered by the said Surveyor or Surveyors of the High-ways and if any person or Persons refuse to Surveyors to distrain for the rate and sell the distress pay the Monies so assessed on him or
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
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
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
course though not warranted by the Statute is submitted to and never disputed for Communis Error facit Philips Principles of Law p. 13. Jus. CHAP. XII An Abridgment of such Statutes as have been made for the paving and cleansing the Streets and Lanes in the Cities of London and Westminster and Suburbs and Liberties thereof and Out-Parishes in the County of Middlesex and the Borough of Southwark BY the Statute of 24 H. 8. The 24 H. 8. ch 11. Râ—stal paving 1. Stat. at large printed 1587. f. 624 625. Keb. Stat. printed 1684. f. 410. Street-way between Charing-Cross and Strand-Cross was to be sufficiently paved at the Charges of the Owners of the Lands or Tenements seized thereof in Fee-simple Fee-tail or for Term of Life along from his or their Lands or Tenements adjoyning to the said Ways unto the midst of the same and the same to be maintained by such Owners their Heirs and Successors with several Clauses for Pains and Forfeitures upon defaults and neglects as appears in the Statutâ— at large which are now altered and the Rules in the Statute of the second Year of their Majesties Reigns King William and Queen Mary mentioned afterwards in this Chapter is now to be observed By the Statute of 25 H. 8. it is enacted 25 H. 8. ch 8. Paving 2. Rastal St. at large printed 1587. f. 638. Keb. St. printed 1684. 415. That Holburn from the Bridge to the Bars shall be paved on both sides with paving Stone at the Charges of the Tenants in Fee-simple Fee-tail or for Life of the Lands thereunto adjoyning their Heirs and Successors and they from time to time to maintain the same paved and if the Lessees do it they may defaulk so much out of their Rent if not otherwise agreed with several Clauses in the Statute at large for Pains and Forfeitures for defaults c. But now by the Statute of 22 and 23 Car. 2. 22 23 Car. 2. ch 17. All power of cleansing the Streets Lanes and Passages within the City of London and Liberties and pitching and paving with the order and manner thereof is in the Mayor Communalty and Citizens of the said City to be mannaged executed and done by such Commissioners or any seven of them as they appoint under their Common Seal as is shewed afterwards in this Chapter By the Statute of 32 H. 8. From 32 H. 8. ch 17. Paâ— Rast â—t at large printed 1 5 87 â— 816 817. Keb. St. printed 168â— f. 512. Algate to White-chappel and from Holburn-Bars to St. Giles and Chanâ—â—ry-Lane Grays-Inn-Lane Fetter-Lane and Shoo-Lane were to be paved by Tenants in Fee-simple Fee-tail and for Life on both sides so far as their Lands and Tenements extend in length to the middle of the Street and they their Heirs Assigns and Successors to maintain the same with several Clauses for Presentments Forfeitures c. but now the sole Power is in the Lord Mayor Communalty and Citizens c. By the Statute of 34 and 35 H. 8. 34 35 H. 8. ch 12 Paving Rast 4. St. at large printed 1587. f. 947 948 949. Keb. Stat. printed 1684. f 569. White-Cross-Street Cheswel-Street Golding-Lane Grub-Street Goswel-Street Long-Lane St. Johns-Street Smithfield-Bars Water-Lane from Temple-Bar by Clements-Inn and New-Inn to Drury-Lane-end Petty-France Shore-Ditch and Foscue-Lane were to be paved by Tenants in Fee-simple Fee-tail for Life or Years on both sides and maintained in the same manner as is shewed above for Alâ—ate c. And several Clauses also in â—his Act about Presentments Forfeitures c. But now all Power in the Lord Mayor Communalty Citizens c. By the Statute of 13 Eliz. Thâ— 13 El. ch 23. Paving 6. Rast Stat. at large printed 1587. â— 551 552. Keb. Stat. printed 1684. f. 844. Way without Aldgate in the Suburâ— of London and a Way leading from the Old-Cage to the North-end oâ— Nightingale-Lane and another Waâ— between the said Old-Cage and Crosâ—-Mill in the Parish of St. Mary Maâ—fellon at White-Chappel were to bâ— paved with Stone and continued 〈◊〉 by Persons seized as aforesaid in such manner as aforeshewed and several Clauses about Presentments and Forfeitures also and about carrying the Waters from Algate to the Common-shore at the East-end of Hog-Lane c. but now all Power is in the Lorâ— Mayor c. Then an Addition wâ—â— made to this Stat. in 23 Eliz. touching 23 El. ch 12. Paving 6. Rast Stat. at large printed 1587. f. 663 664. Keb. Stat. printed 1684. f. 872. the paving a Street without Algate leading to the Queens Store-house at the Minories towards the Tower of London and other places near thereunto with provision about Scouring and Cleansing the Ditch at Hog-Lane and several Clauses about Pains and Forfeitures but the Lord Mayor c. as iâ— shewed before hath now all the Poweâ— in such things By the Statute of 19 Car. Such 19 Car. 2. ch 3 sect 20. Keb. Stat printed 1684. â— 1333. Persons or any seven or more of them as shall be authorised and appointed from time to time by the Mayor of London Aldermen and Commonalty of the said City in Common Council â—ssembled or the more part of them under their Common Seal with the Surveyors or some or one of them within his or their Precinct respectiveâ—y at their Meeting have power to Making new Vaults Drains and Sewers c. order the making of any new Vaults Drains and Sewers or to cut into any â—lready made and for the altering inâ—â—rging and amending cleansing and â—â—owring of any old Vaults Sinks or Common Sewers for the better effectâ—ng whereof the said Persons or any seven or more of them at their Meetâ—ng may impose any reasonable Tax Tax how to be imposed and laid on upon all Houses within the said City and Liberties thereof in proportion â—o the benefit they shall receive thereâ—y for and towards the new making â—ltering c. and in default of payment by Order and Warrant under â—heir or any seven of their Hands and Seals to levy the said Sunâ—s so assessed Qu. what Offiâ—â—â— must take the distress for here is none named â—y distress and sale of the Goods of â—he Party chargeable therewith and reâ—using or neglecting to pay the same rendring the overplus if any be and that all other Commissioners whatsoever be altogether suspended to inteâ— middle in the Premisses within the saiâ— City and Liberties thereof for thâ— space of seven years but by the Stâ—â— of 22 and 23 Car. 2. ch 17. this Clauâ—â— is made perpetual Keb. Stat. printâ—â— 1684. f. 1433. sect 1 2 3. The sole power of cleansing thâ— To whom the sole power for cleansing the Streets Lanes c. and pitching and paving is given Streets Lanes and Passages within thâ— City of London and Liberties anâ— pitching and paving with the ordeâ— and manner thereof and for makinâ— and cleansing Drains and Sewers by thâ— Statute of 22 and 23 Car. 2.
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