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A48475 The duty and office of high-constables of hundreds, petty-constables, tythingmen, and such inferior ministers of the peace with the several duties and offices of churchwardens, overseers, and collectors for the poor, of surveyors for amending the higheways, and distributors of the provision for the destruction of noysom fowl and vermin / first collected by William Lambard, in the reign of Q. Elizabeth ; and now enlarged with many useful additions according to the succeeding statutes by R. Turner ... Lambarde, William, 1536-1601.; Turner, R. 1671 (1671) Wing L215A; ESTC R41023 59,151 158

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said Fines by way of distress and if no distress can be found or the party do not pay the Fine within twenty dayes after demand thereof he or they shall forfeit double so much All which Fines and forfeitures shall be bestowed on the High-wayes in the same Parish by the Constable and Church-wardens there Stat. idem Dalt J. P. ch 26. fol. 70. The Bayliff or High-Constable is yearly between the first of March and last of April to render unto the Constable and Church-wardens to whom the other part of the Estreat was delivered a true Account of the Moneys received by them in pain of forty Shillings And the said Constables and Churchwardens have power to call the Bayliff or High-Constable before two Justices one of the Quorum to pass the Account who have power to commit such Bayliff or High-Constable until they have satisfied all the Arrerages by them received Stat. idem Upon passing their Account every Bayliff or High-Constable shall be allowed Eight pence for every Pound collected and Twelve pence for the fee of the Estreat delivered Stat. idem Dalt ch 26. f. 21. Any two Justices of peace upon complaint to them made by the succeeding Constables and Churchwardens may call before them the precedent Constables and Churchwardens and compel them to pay in all Arrerages in their hands 18 Eliz. ch 10. The Surveyors by warrant from two Justices of the peace are to levy by distress and sale of goods the Forfeitures of all such persons as offend in not scowring their Ditches c. and if they neglect to levy the Forfeiture for the space of a year after the offence committed then the Justices may send to the Constable and Churchwardens to levy the same 14 Car. 2. ch 2. Constables or other officers by warrant from any of His Majesties Justices of either Bench Barons of the Exchequer or Justices of the peace to them directed are to levy by distress and sale of the offendors goods all such penalties as shall be forfeited by the said Act touching repairing the High-wayes and Sewers and for paving and keeping clean the Streets in and about the Cities of London and Westminster and for default of distress or non-payment of the said Penalties within six dayes after demand thereof or notice in writing left at the house or dwelling place of the offendor by the said Constable or other officer the said offendor not being a Peer of the Realm may be committed to the common Gaol of the said County or City by warrant of any such Justice under his hand and seal there to remain without bayl or mainprize until payment thereof be made CHAP. VIII The Constables office about Forein Bonelaces c. Chimney-money Customs Excise Fish 1. FOrein Bone-laces c. Constables upon Warrant to them directed from the Justices of peace or chief officers of Cities and Corporate-Towns c. are to search in their several Counties Cities Towns and Liberties in the Shops being open Ware-houses and dwelling-house of such person or persons who shall be suspected to have any Forein Bone-laces Cut-works Embroideries Fringes Band-strings Buttons or Needle-works made of Thred Silk or any or either of them made in the parts beyond the Seas and where they find any such to seize the same 2. chimney-Chimney-money 16 Car. 2. ch 3. All Justices of the peace chief Magistrates Treasurers and Under-Treasurers Constables and other His Majesties officers are within their several Liberties and Jurisdictions to ayd and assist His Majesties officers appointed for the collecting of the Duty of hearth-Hearth-money Stat. idem The Officers appointed by His Majesty for the chimney-Chimney-money once every year being accompanied with the Constable or Tythingman Treasurer or Under-Treasurer or other publick officer of the Peace and in all Parishes and places where there are no Constables Tythingmen or other publick officers as aforesaid there without any such assistance may enter in the day time into any dwelling or other House Edifice Lodging and Chambers in any of the Inns of Court or Chancery Colledges and other Societies to search and examine whether there be any more Fire-hearths and Stoves in the same than were formerly Returned or certified and what are increased or decreased since the last Certificate And if they find any variance in the Number returned both the Officer and Officers appointed by His Majesty and the Constable or Tythingman or other Officer aforesaid are to certifie the same under his or their hands to the Clerk of the peace Stat. idem If the party after demand made by His Majesties officers or their deputies at the house chamber or place where the duty shall grow due make default or refuse to pay by the space of one hour after such demand then the officer or his deputy with the assistance of the Constable or Tythingman or other Officer may at any time in the day levy the said duty and all the Arrears thereof by distress and sale of the goods of the parties making default rendring the overplus to the owners deducting necessary charges for taking the distress which charges are not to exceed one moiety of the Duty and Arrears 16 Car. 2. cap. 3. No arrears of Hearth-money are to be distreined for after the space of two years next after such duty becomes due And if any violence opposition or injury be done by any person or persons to any of His Majesties officers or their deputies in the due execution of their office Oath being made there of before any one Justice of the peace or chief Magistrate c. such Justice or the Magistrate if they think fit may commit the offendor to the common Gaol for any time not exceeding one Moneth Stat. idem The Constables are to have two pence in the pound paid them by the Collector to whom they pay the chimney-Chimney-money by them collected and are to pay nothing to the Collectors for their Acquittances 3. Customes 12 Car. 2. ch 19. Any person having a Warrant from the Lord Treasurer or any of the Barons of the Exchequer or chief Magistrate of a Port for the search of Uncustomed goods may with the assistance of a Sheriff Justice of the peace or Constable who are to be aiding and assisting upon request may enter into any House in the day time where such goods are suspected to be concealed and in case of resistance may break open such House and seize and secure such goods Stat. idem No House is to be entred unless it be within one Month after the offence supposed to be committed and if the Information whereupon the House shall come to be searched do prove false the party injured shall recover full Costs and damages against the Informer by Action of Trespass 14 Car. 2. ch 11. Such persons as are authorized by Writ of Assistance out of the Exchequer are to take a Constable Headborough or other officer inhabiting near the place and in the day time to enter into any house shop cellar warehouse room or other place
18 Eliz. ch 10. For the Kings Ferry in Kent Statutes for particular Bridges Stat. 18 H. 6. chap. 28. For making of Burford and Culhamford Bridge Stat. 18 Eliz. ch 17. 27 H. 7. ch 25. For the maintenance of Rochester Bridge Stat. 18 Eliz. ch 20. For the repair of the Bridges within a mile of Oxford Stat. 23 Eliz. chap. 11. For the maintenance of the Bridges over Toffe in Wales Stat. 39 Eliz. chap. 23. For making and repairing of Newport and Carleon Bridges over the River Usek Stat. 39 Eliz. ch 24. For building and maintenance of a Bridge at Wilton upon Wye near Ross in Herefordshire Stat. 3. Jac. chap. 23. For making and repairing Chepstow Bridge Stat. 14 Car. 2. ch 6. For building and repairing Laycock and Rey Bridges in Wiltshire and Stratford Bridge in Middlesex By the same Act it is provided That all Bridges shall have sufficient Walls or Posts and Rails on each side thereof four Foot high at the least adn that the same be from time to time sufficiently kept and repaired Pasch 10 E. 3.28 29. Coke 2 Part of the Institutes fol. 701. Bridges are to be repaired by the whole County by common Right if it be not known who ought to do the same otherwise Rolls Cases 1. part f. 368. If a man erect a Mill for his own particular profit and cut a new Course for the Water to come to it and makes a new Bridge over the same and the Kings subjects use to ride over the same as over a common Bridge such Bridge ought to be repaired by him who hath the Mill and not by the County because he erected it for his own profit Coke 2. part Instit so 700. If man which holdeth an 100 Acres of Land ought to repair a Bridge by tenure of the same do alien 20 Acres thereof to one man and 10. Acres to another man in such case every owner or occupier of such Lands must be charged proportionably for their said Lands 22 H. 8. chap. 5. Coke 2. part Instit fo 702 Dalt J.P. chap. 13. fo 41. If any Bridge be wholly in a City or other Town-Corporate the inhabitants of the same City or Town Corporate must repair it And where such Bridge lyes out of such City or Corporate-Town the same must be made by the inhabitants of the Shire or Riding within which the same Shire shall be And if part of a Bridge be in one Shire or Riding City or Corporate-Town and one part in another then every of them shall be charged to make and repair such part as shall lye and be within their own limits Crompt 186. b. 43. Ass Dalt J. P. ch 13. fo 42. Such as are chargeable to repair a Bridge may enter upon any other mans land or soyl adjoyning and lay their Stone Lime Timber or other things necessary there for the repairing and amending thereof and the owner of the Lands shall have no Action therefore for it is for the common profit And the party that is chargeable to repair a Bridge must also maintain the way at each end thereof although the soyl be to another and if the ends be broken by the Water-course he must follow the Water-course and mend the way Stat. 22 H. 8. ch 5. Dalt J. P. ch 13. fo 4. Where a common Bridge in the Kings HIghway is in decay and that it cannot be proved or known who nor what Lands are chargeable to the repairing thereof four Justices of the peace one of the Quorum within the Shire or Riding wherein such decayed Bridges be and if they be in a City or Town-corporate then four such Justices of peace there may within the limits of their several Commissions call before them the Constables or two of the most honest Inhabitants of every Town and Parish within the Shire Riding City or Town-corporate wherein such Bridge or any parcel thereof shall happen to be and the Justices upon the appearance of the Constables or other inhabitants and with their assents may tax every inhabitant in any such City Town or Parish within their limits to such reasonable summ of Money as by their discretions they shall think convenient as well for the repairing of such Bridge as also for the making and repairing of the Highwayes by the space of 300. Foot next adjoyning to the ends of any such Bridge Coke 2. part Instit fo 704. This Taxation ought not to be made by the Justices without the consent of the Constables or inhabitants nor by them without the Justices and this Tax ought to be upon every inhabitant in particular and not to be set upon the Hundred Parish Town c. for then one or few might be distrained upon the whole Stat. 22 H. 8. ch 5. Dalt J. P. ch 13. fo 40. Coke 2. part Instit fol. 701 702. Where a Franchise City or Borough is a County of it self and hath not four or more Justices of the peace whereof one or more are of the Quorum in this case no other Justices of the peace of any Shire or County have any power to meddle there by this Act but such decay must be amended by the Common Law by such remedies as they were antiently before the Statute of 22 H. 8. supra Coke 2. part Instit fo 704. Dalt J. P. ch 18. fo 40. The Justices of peace after the Taxation is made shall cause the names and summs of every particular person so Taxed to be written in a Roll indented in Parchment for every Hundred and sealed with their Seals Coke part idem fo 705. Dalt J.P. ch fol. idem 22 H. 8. ch 5. The Justices may make two Collectors of every Hundred to gather the Money so taxed which said Collectors having received one part of the Roll thereof indented have power to gather all the Money therein mentioned and if refusal be made upon demand then to distrain and sell such distress rendring the overplus to the owner if any be Stat. 22 H. 8. ch idem Dalt ch fo ead The Justices are likewise to appoint two Surveyors who from time to time as often as need shall require shall see such decayed Bridges and Wayes repaired and amended to whose hands the Collectors must pay the money by them received Stat. idem Dalt idem The Collectors and Surveyors and their Executors and Administrators and every of them shall from time to time make a true Account to the said Justices of peace of the Receipts Payments and Expences of the said summs of Money and if any of them refuse so to do then the said Justices of peace from time to time at their discretions may make out Process against the said Collectors and Surveyors their Executors and Administrators by Attachment Precept or Warrant under their hands and seals returnable at their general Sessions of the Peace and the said Justices may allow such reasonable Costs and charges to the said Surveyors and Collectors upon their account as to them shall seem