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▪ [...]and, Sir Brian Stapleton, Sir William Franck▪ [...]and, Sir Henry Marwood, Sir William Caley, Sir Mark Milbanck, Sir Christopher Wandes­ [...]ord, Sir Thomas Pennyman, Sir William Chaytor, Sir Edward Blacket, Sir Charles Ho­ [...]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, [...]eon Smelt, John Wastal, Rich. Pierce, Tho. [...]ascelles, Charles Tankred, Tho. Worsley, [...]dw. Thompson, John Lowther, Tho. Lang­ [...]ey, Tho. Hesletine, John Hill Jun. John Gib­ [...]on, Rich. Stains, Roger Talbot, John Bealby, [...]ohn Smelt, John Hutton, Tho. Pullein, Rob. Waters, * Henry Metcalfe, * Tho. Gower, [...]ich. Darley, * James Mountain, Constable [...]radshaw, * Tho. Wakefield, Tho. Strange­ [...]ayes, * Luke Robinson, Francis Wyvil, An­ [...]hony Wharton, Will. Pennyman, John Hop­ [...]on and * Tho. Saunders Esquires, Their Maje­ [...]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 Sta­ [...]utes made for the repairing [Page] 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 [Page] 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 QƲEEN 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 [Page] 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 [Page] 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 Ʋnpolished 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 [Page] fall under the hard Censure of some, but also meet with th [...] Scoffs and Slights of others I do therefore the better t [...] secure and defend my Sel [...] 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 no [...] ­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 [Page] 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 [Page] 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 [Page] 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 [Page] 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 [Page] their good Opinion, [...] I hope they will have [...] occasion to be Angry but whether they be [...] no, it shall not discourag [...] or deter me to be to th [...] utmost of my Power se [...] ­viceable to my Countr [...] 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 [Page] 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 appe [...] and labour upon the publick or com­mon Days appointed by the Su [...] ­veyors for the amendment and [...] pair of High-ways, and where th [...] are to appear, and after what ma [...] ­ner, and how long they are to wor [...] and under what Penalties, an [...] how to be levied and disposed [...] with some Cases and Resolutions r [...] ­lating to these Matters. 2 [...]
  • CHAP. V. How Trees, Hedges and Bushes grow­ing in or adjoyning to High-way [Page] 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 [Page] virtue of any of the said Statutes 57
  • CHAP. VIII. H [...]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 [Page] 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 fro [...]d. London to York, and so into [...] land, as lies in the several Parishe [Page] [...] [Page] [...] [Page] [...] [Page] [...] [Page] 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 [...]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
  • [Page] 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
  • [Page] CHAP. XIX. How Chepstow-Bridge standing be­tween the Counties of Gloucester an [...] Monmouth, is to be repaired a [...] maintained. 1 [...]
  • CHAP. XX. Cardiff, Newport and Carlion-Bridg [...] in Wales, how to be repaired a [...] maintained. 1 [...]

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-LanguageCo. 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 in9 H. 3. Charta Fo­rest [...] cap. 1.4. Fo­rest 14. Rest. [Page 2] Fee-Farm of the King are to take anyStatutes 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 pleasure; but for no other Carriage by Cart shall Chimmage be taken; no [...] of those that bear upon their Backs Brushment, Bark or Coal to sell though they get their Livings by it except they take it in the Kings De­mes [...] Woods.

An High-way in Latin is called via Co. Lit. 56. Dalt. J. P. printed 1677. chap. 50. f. 98. vid. Fleta lib. 4. cap. 1. Bract. lib. 4. f. 232. & Kitchin Court Leet, &c. printed 1585. p. 49. b. a vehendo, from carrying, in respect o [...] the Carriages passing to and fro there­in, and is defined to be transitus a loc [...] ad locum, the passage from one plac [...] to another. And although it be said in the Terms of the Law, and by Mr. Blount, that there are but two kinds of Ways, yet my Lord Cook and others tell us that there are three kinds of Ways; As first a Foot-way, calle [...] Iter, Quod est jus eundi, vel ambuland hominis, where a Man hath right to go [Page 3] and come, and was the first or prime Way; The second kind is both a Foot-way and a Horse-way, which is called Actus ab agendo, and vulgarly is called Pack and Prime-way, because it is both a Foot-way which was the first or prime-way, and a Pack or Drift­way also, sometimes called a Bridle­way; and then the third kind is Via or Aditus, which contains both the other two, and also a Cart-way or Carriage-way, for this is jus eundi, ve­hendi, & vehiculum & jumentum du­cendi; A publick way for Cart and Carriage, and driving Cattel, &c. and this Way is two-fold, viz. Regia Via, the Kings High-way free for all Men, and Communis Strata, belong­ing to a City or Town, or between Neighbours and Neighbours.

And Minshaw also out of Ʋlpian Dalt. J. P. printed 1677. chap. 50. f. 98. makes three kinds of Ways, Publicam, Privatam, & Vicinalem, a Publick-way, a Private-way and a way of Vi­cinage or Neighbour-hood, via pub­lica, quam Latini Regiam appellant, a Publick-way is that called the Kings High-way, via vicinalis, quae in vicis est, vel quae in vicos ducit, these Ways of Vicinage, are Ways between Street and Street, Neighbour and Neigh­bour, [Page 4] House and House in Cities and Towns, via privata est quam agra­riam dicunt; A private way is reckon­ed to be a Field-way, and these ways are of two sorts, vel ea quae ad agros ducit, per quam omnibus commeare li­cet, either that way which leads into the Fields lawful for all Men to pass and repass, go and come in, vel ea quae est in Agris, cui imposita est ser­vitus, it a ut ad Agrum alterius ducat, or such a Way as is set out in the Fields to lead to another Mans ground.

And these private ways also whichTerms of the Law, and Blounts [...]aw Dictionary [...] Chimin. one or more Men have, either by Pre­scription or Charter, through another Mans Grounds, are likewise divided into a way in gross and a way appendant. Chimin in gross is that way which a Man holds principally and solely in [...] self; as if a Man hires a Close or Pasture, and hath a Covenant for ingre [...] and regress to and from the said Clo [...] through the Ground of some other Man, through which otherwise [...] might not pass; this is a way in gross▪ Or a way in gross may be that which the Civilians call personal; as whe [...] one Covenants for a way through th [...] Ground of another Man for him and his Heirs. And Chimin appendant, [...] [Page 5] way appendant, is that way which a Man hath adjoyned to some other things as appertaining and belonging thereunto, and may be that way which the Civilians call Real; as where a Man purchaseth a way through the Ground of another Man for such as do or shall dwell in this or that House, or that are the Owners of such a Mannor for ever, &c. And this is a way appen­dant to the said House or Mannor.

And it was said by Fairfax (a Ju­stice5 H. 7. f 7. b pl. 15. Kitchin Court Leet, &c. printed 1585. p. 50. b. Bro. Chimin. 14. of the Kings Bench) that if a Man have Chimin appendant, a way appendant to his Mannor or House, that this way cannot be made in gross by Grant, because none can have the be­nefit of such way, but he that hath the Mannor or House to which the way is appendant; but via Regia the Kings High-way may be made in gross, be­cause the Country may have the benefit of it, notwithstanding that they haveTr. 10 Car. 1. [...]. R. per Curiam upon a Tryal at Bar up­on an Informati­on against Sir Ed­ward Duncombe, Cro. Car. f. 366. pl. 3. Rolls Cases 1 part, f. 390. not the Land.

If there be a Common High-way for all the Kings Subjects, which lies in an open Field uninclosed, and it hath been used time out of Memory, that when the said way hath been foun­drousA. 10. 15. Dalt. J. P. printed 167 [...] ch. 50. f. 98. Bon [...] Guide for J. P p. 110. and bad, that then the People have used to go by Outlets upon the [Page 6] Lands adjoyning: in this Case these Outlets are parcel of the way, for the Kings Subjects ought to have a good Passage, and the good Passage is the Way, and not only the beaten Track; for if the Lands adjoyning were sown with Corn, the Kings Subjects (the way being foundrous) may go over the Corn.

Where a Common High-way hathCro. Car. ubi supra Rolls Cases, 1 par. 8. 390. B. 30. 35. 40. 45. Dalt. J. P. ubi supra. Com­pleat Justice prin­ted 1681. p. 160. time without memory been used to be repaired by the Country. If afterwards J. S. who hath Land not inclosed next adjoyning to the said High-way on both sides thereof, and he for his own advantage doth inclose his Land on both sides of the way, with an Hedge and Ditch, he by this hath taken upon him to repair the said way for the fu­ture, and hath freed the Country from the Reparation thereof; so that at all times afterwards when need requires he must repair it, and it is not suffi­cient for him to make it as good as it was at the time of the Inclosure, but he ought to make it a perfect good way, without having any respect to the way, as it was at the time of the Inclosure; for when the way laid in the open Fields not inclosed, the Kings Subjects used when the way was bad [Page 7] and foundrous, to go for their better passage upon the Fields adjoyning to the way, out of the common Track of the way, which liberty is taken away by the Inclosure.

And in Sir Nicholas Staughtons Tr. 22 Car. 2. B. R. Siderf. Rep. 1 p. f. 464. pl. 8. Case, it was said by the Chief Justice, and not denied, That if one inclose Land but on one side of the High-way which was anciently inclosed on the other side, he which makes such new Inclosure, must repair the whole way; but if there 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, Sider­ [...]ins Rep. 2 p. f. 39. & 111, 112. vide Tr. 5 Jac. 1. B. R. Clark and Cogg [...] Case, Cro. [...]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. [Page 8] 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 theHorn and Taylors Case, Noys Rep. [...]. 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 High­way,Vide Mi [...]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 [Page 9] 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 isJones 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 theHill. 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. Ke [...]. that no distress shall be taken in the Kings High-way, nor in the Com­mon [Page 10] Street; but by the Common LawStatutes printed 1684. f. 17. one might have taken a Distress in theExcept 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 High­way,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, bu [...] 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. Res [...]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 i [...] they be driven out before he have th [...] view of them, or that the Cattel afte [...] the view go out of themselves, or a [...] chased and driven out for some other cause and not to prevent the Distress then the Lord may not distrain them [Page 11] i [...] another Mans Land, or in the High­way for Rents and Services.

The Country by the Statute of13 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. [...]it. Robbe­ries sect. 5. Stat­at large printed 1684. f. 52. [...]inchester are to take care so to secure their High-ways, that people may Travel with safety; for if one be rob­ [...]ed, the Hundred where he is robbed, [...]s to make satisfaction, and if it be done in the Division of two Hundreds both Hundreds shall be answerable, butDalt. 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. [...]hen the Party robbed as soon as he can is to give notice of the said Rob­bery, to some of the Inhabitants of [...]ome Town, Village or Hamlet next adjoyning to the place where the Rob­bery was committed, and must also within twenty days before he bring hisA 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, [...]iderf. Rep. 1 p. last printed f. 44, 45. Action make Oath before some Justice of the Peace of the County where the Robbery was committed, living in or near the same Hundred, whether he knew the Party that robbed him, or any of them, and if he do, then before he commence his Action he must enter into sufficient Bond by Recognizance before the said Justice, effectually to prosecute the same Person or Persons so known, by Indictment, or otherwise according to Law; and the Party rob­bedHill. 14 Jae. 1. Norris Case, Hob. Rep. f. 139, 140. Keb. f. 885. sect. 9. is to commence his Action with­in a year after the Robbery committed [Page 12] or else the Hundred shall not be char­ged therewith, nor shall they be char­ged,Mich. 12 Car. 2. B R▪ in Baskervils Case, Siderf. Rep. 1 pars f. 11. if the Robbers or any of them b [...] taken, but then such taking and appre­hending of the Robbers or any of them must be before the Verdict or Judg­ment against the Hundred.

Robbery by some is said to be fromCo. Lit. fol. 288. Terms of the Law and Blounts Law Dictionary verb. Robbery. 22 Als. pl. 55. Kitchin Court Leet, &c. printed 1585. p. 36. b. Crom. 33. b. n [...]. 1 Lamberts Eirenarcha ch. 7. lib. 2. Stam. 17. Bond ubi supra, [...]. 198. Roberia or Robaria, from the French Robbe, id est, vestis a Robe; and i [...] when there is a felonious taking away of a Mans Goods from his person o [...] presence against his will▪ putting him in fear, and of purpose to steal the same: and it is called Robbery because the Goods are taken as it were de la Robe, from the Robe, that is, from the Person; and although the thing taken be but to the value of a Peny, yet it is Felony, for which the Offender shall suffer death.Tr. 27 El. C. B. in Sendhills Case, Co. Rep. 7. lib. f. 6. a. Co. 2 Inst. f. 169. Cro El. f. 753. pl. 13. Mo. Rep. f. 62. pl. 848. Cro. Jac. f. 467. Tr. 29 El. C. B. in Milburns Case, Co. Rep. 7. lib. f. 6. b. Savils Rep. f. 83. pl. 163. Tr. 28 Eliz. C. B. Ashpoles Case, Co. Rep. 7. lib. f. 6. b. Mith. 13 Jac. B. R. M [...]yes Case, Cro. Jac. f. 106. pl. 45.

Note, If a Man be robb'd in an House, the Country is not chargeable nor liable to answer such Robbery, for it ought to be committed openly that the Country may take notice of it; nor is the Country liable to answer for a Robbery committed in the Night, but tho' the Robbery be before Sun-rise or after Sun-set, yet if it be day-light the Hundred shall be charged.

[Page 13]And where a Robbery is begun inGoldsb. Rep. p. 8 [...]. pl. 11. one Hundred and committed in ano­ther, yet it is a Robbery in the first Hundred where it was begun; as if a Carriers Horse and Pack be taken by Robbers in one Hundred, and led into another Hundred and there his Pack is [...]obb'd, this is a Robbery in the first Hundred where the Horse was taken; but if the Carrier lead the Horse him­self, then it is a Robbery in the second Hundred, because the Carrier was al­ways in possession till then; and ifTr. 17 Car. 2 B R. so held, Siderfin [...] Rep. 1 p. f. 263. Robbers take a Man in one Hundred and carry him into another Hundred and there rob him, this hath been held to be no Robbery in the first Hundred, but in the second, because the Party is always in possession till then. And if Robbers drive or force a Waggoner to drive his Waggon out of the wayTr. 31 Eliz. C. B. Greens Case, Cro. Eliz. f. 142. pl. 8. Goldsb. Rep. p. 24. pl. 3. Latch. Rep. f. 127. Tr. 2 Car. 1. C. B. Rey­monds Case, Cro. Car. f. 37. pl. 2. Sidersins Rep. 1 p. but last printed f. 45. if the Servant or Carrier will not swear, the Ma­ster or Owner is without remedy, Dalt. J. P. f. 215▪ in the day-time, but rob him not till night, yet this is a Robbery in the day, for the first seisure is the Robbery.

If a Servant be robb'd of his Masters Mony, or a Carrier be robb'd of ano­ther Mans Goods, he that is robb'd must make Oath, and not the Master or Owner; and the Action may be brought either in the Master or Ser­vants Name, and so either in the [Page 14] Owner of the Goods or Carri [...] Name.

If a Servant be robb'd of his M [...] ­stersVide Mich. 1649. B. S. Wrights Case Styles Rep. f. 156. ca. 3. & Hill 1651. B. S. Crosthwa [...]tes Case, Styles Rep. f. 318. ca. 3. Vide Lamberts Ei [...]enar­cha, lib. 2▪ cap. 7. Goods in the presence or sight his Master, this shall be taken for robbing of the Master; and so if Man be riding Post, and the Post-bo [...] hath his Portmantle behind him, whi [...] is robb'd, and the Posters Mony take out of it in his presence, this shall b [...] taken for a robbing of the Party th [...] rides Post, and not of the Post-bo [...] for these Robberies being committe [...] in the Owners presence are said to b [...] done to their Persons; and if one [...] away his Purse or Goods to save the [...] from a Robbery, and the Robber tak [...] them up and carry them away, th [...] is a Robbery done to the Owners Per­son.

If two High-way Men meet tw [...] Hill. 26 Eliz. B. R. Pudseys Case, An­dersons Rep. 1 p. f. 116. pl. 161. vid. Lamberts Ei [...]enar­cha, lib. 2. ch. 7. Bonds Guide for J. P. p. 199. and Compleat J. printed 1681. p. 350. Persons travelling in the High-way, an [...] they endeavour to rob the Travello [...] and draw their Swords and offer t [...] wound them, upon which the Tra­vellors ride one of them one way and the other another way, and one of the Robbers follows one of them, and his Companion the other, and in this pursuit one of the Travellors is robbed by one of the High-way Men, out of [Page 15] [...] sight and hearing of his Compa­ [...]ion, yet in this Case they are both of [...]em principal Robbers, he that nei­ther heard nor saw the Robbery, as well as he that committed it. And so it [...]as adjudged in the Case of one Pud­ [...]ey, who was arraigned in the Kings [...]ench as a Principal, and was found [...]uilty and hanged, though the Rob­ [...]ery was done by his Companion out of his sight and hearing.

Formerly if a Man were travellingMich. 16 Jac. 1. B R. Waits Case, Godbolts Rep. P. 280. [...]l. 397. Cro. Jac. f. 466. pl. 2. [...]pon a Sunday, and were robbed [...]hough it were in time of Divine Ser­ [...]ice, upon the Sunday in the Fore­ [...]oon, yet the Country were liable, and were bound to answer for the Robbery, [...] it was adjudged in one Waits Case; [...]ut now by the Statute of the 29th ofSt. 29 Car. 2. [...]h. 7▪ Keb. Stat. f. 1485. sect. 5. But the Country upon notice of a Rob­bety committed upon a Sunday are to make Hue and Cry, as if it had been done on ano­ther day, or else to forfeit as much to the King as might have been recovered by the Party robbed. King Char. II. they shall not make sa­ [...]isfaction for any Robbery committed [...]pon Persons travelling upon Sunday, [...]ut it is at the peril and loss of the Parties travelling, if they be robb'd [...]pon a Sunday.

Now having opened the Ways, and [...]leared the Passage, I shall proceed to [...]ntroduce the Officers.

CHAP. II. Who are to be Surveyors of the High-ways, and how and by whom to b [...] chosen, and when; and what Forfeiture for refusing to take the Offic [...] upon them, and how to be levied an [...] disposed of.

I Find no mention made in our Law [...] 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 year [...] ago, Anno 2 and 3 P. and M. Bu [...] Rosinus tells us, that the Senate [...] Rome, in ancient time, took great ca [...] in making and amending of the [...] Ways, as well within as without th [...] City: Maxima (saith he) pris [...] temporibus Senatus diligentia fuit f [...] ­ciend [...] sarciendisque viis tam infr [...] quam extra Urbem. And the ca [...] 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 an [...] valued every Mans Estate, and too [...] notice how every Man lived and car­ried himself, and were reputed of th [...] best Rank of Magistrates in Rome But these Magistrates being too much busied with their other Imployment [Page 17] 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 of2 & 3 P. & M [...]ch. [...] 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 [...]enacted, That the Constables and Church-wardens of every Parish with­ [...]n this Realm, shall yearly upon the Tuesday or Wednesday in Easter Week, call together a number of the Parishi­ [...]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 [...]he High-ways in their Parish leading [...]o any Market-Town, the which Per­ [...]ons shall have authority by virtue of [...]he said Office, to order and direct the Persons and Carriages that shall be ap­pointed for those Works by their dis­ [...]etions; and the said Persons so named [...]hall take upon them the execution of [...]heir said Offices, upon pain every of [Page 18] them making default to forfeit twentyBut novv by the St of the 3 & 4 of K. Will. and Q. Mar. the penalty is 5 [...]. shillings.

But the Statute of the 22d. of King Charles the Second appoints, that the22 Car. 2. ch. 12. Keb. ibid. f. 1396. sect. 12. Wingate sect. 39. High-w [...]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 som [...] 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 tak [...] upon them the said Office, upon pai [...] of incurring the Forfeiture mentione [...] in the other Act of Parliament; [...] that this Statute of 22 Car. 2. see [...] to repeal that Clause of 2 and [...] P. and M. Quoad tempus, sed n [...] quoad modum, as to the time of th [...] Election of these Officers, but n [...] to the manner and form of the [...] choice.

And now by the Statute of the thi [...] [...] & 4 K. Will. & [...]. Mar. ch. 12. and fourth years of their present M [...] ­jesties Reigns King William and Quee [...] [Page 19] 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 up­onThe 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 Heredi­tamentsWho 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 re­turnedA List to be re­turned to the J [...] 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 [Page 20] 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 timeNotice to be gi­ven before the holding of the special Sessions of the time vvhen, and place vvhere, and the Justices forfeit 5 [...]. 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, Church­wardens and Surveyors of the High-ways of every Parish within the said Division, and then and there the said Justices by Warrant under their HandsJustices of Peace to nominate the Surveyors. and Seals, shall nominate and appoin [...] out of the said Lists one, two or mo [...] at their discretions of such Persons as they think fit, being of like suffici­ency as aforesaid, to be Surveyor o [...] Surveyors of the High-ways of every Parish within the Division, or for an [...] Hamlet, Precinct, Liberty, Tything or Town therein for the Year ensuing And the Person or Persons so nomina­tedPersons named to have notice. and appointed within six days afte [...] are to be served with the said Warran [...] or Warrants, or the same, or a tru [...] Copy thereof must be left at his [...] their Houses, or usual places of Abod [...] by the Constables, Headboroughs Tythingmen, Churchwardens or Sur­veyors of the High-ways, for the tim [...] [Page 21] 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 nominatedForfeiture 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 Ju­sticesQuare 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 [Page 22] Sale being first deducted: And in caseUpon 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, Church­wardens, 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 ofPenalty 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 Of­fenceOffences 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 [Page 23] 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 theirSurveyors 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 byFines 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 [Page 24] 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, an [...] under what penalty, and how to be levied and disposed of.

THE Constables and Churchwar­dens2 & 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 Surveyor [...] for their High-ways, were at the same time to appoint four days for amend­ingThen 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 [Page 25] 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-waysHow many days Surveyors are to appoint, 22 Car. 2. ch. 12. having taken the Office upon them, are to appoint six days for the pro­vidingWingate 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 placesWithin 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 to time every four [Page 26] months during his being Surveyor, to take a view of all the Roads, Com­mon High-ways, Water-courses, Bridges Cawseys and Pavements within th [...] Parish, Town, Village, Hamlet, Pre­cinct or Tything, for which he is ap­pointed Surveyor, that are to be re­paired by the said Parish, Town, Vil­lage, Hamlet, Precinct or Tything and must make a Presentment uponPresentment to be made upon Oath, and to whom, and under what penalty. Oath in what state and condition h [...] finds the same in, to some Justice [...] the Peace of the same Division, if the [...] resident there▪ otherwise to some neighbouring Justice of the Peace [...] the same County, and in default ther [...] of to incur the same penalties as if h [...] had refused, or neglected to acce [...] and execute the said Office (whic [...] penalty is five pounds, to be levied o [...] his Goods and Chattels by Distress an [...] Sale, by Warrant under the Hand an [...] Seal of two or more Justices of th [...] Peace of the same Division, or in d [...] ­fault thereof any neighbouring Justic [...] of the Peace for the same County unless he shew some reasonable excu [...] (to be allowed by the Justices aforesaid for omitting the same.

[Page 27]And what defaults or annoyances theNotice to be gi­ven in the Church of defaults and annoyances, and if not removed Sur­veyors to remove them, and how to dispose of them. [...]urveyors shall find in any of the said High-ways, Cawseys, Bridges, Ditches, [...]edges, Trees, Water-courses, Drains [...] Gutters next adjoining to the same, [...]hey are from time to time the next Sunday after Sermon ended to give [...]ublick notice thereof in the Parish-Church, and if the same be not re­moved, repaired and amended within [...]hirty days after such notice, then the [...]urveyor or Surveyors are within thirty days to remove, repair and amend the [...]ame; and dispose of the same Annoy­ [...]nces for the repair of the said High-ways; and what Charges the Sur­ [...]eyorSurveyors to have their Charges repaid for removing of Annoyances, re­pairing, &c., and Surveyors are at, they are to [...]e reimbursed by the Parties who should have done the same; and if the parties refuse or neglect to pay the Sur­veyors their Charges upon demand, [...]hen the Surveyors making Oath here­of before any Justice of the Peace within the Division of the County wherein such Way is, or in default [...]hereof to any neighbouring Justice for [...]he said County, they shall be repaid all such their Charges as shall be al­lowed to be reasonable by the said Ju­stice, to be levied in manner aforesaid; that is, by distress and sale of Offen­ders [Page 28] Goods and Chattels by Warran [...] as is shewed before, but still here [...] no Officer named that shall execu [...] the Warrant and make the distress an [...] sale.

CHAP. IV. Who and what Persons are to appea [...] and labour upon the publick or com­mon Days appointed by the Su [...] ­veyors for the amendment and re­pair of High-ways, and where th [...] are to appear, and after what ma [...] ­ner, and how long they are to worl [...] and under what Penalties, an [...] how to be levied and disposed o [...] with some Cases and Resolutions r [...] ­lating to these Matters.

EVERY Person for every Plo [...] 2 & 3 P. & M. ch. 8. Stat. at large f. 289. Poulton High-ways 2. Dalt. J. P. ch. 50. f. 99. Lamb. Eire­narcha printed 1588. p. 474. Keb. 81. f. 740▪ sect. 2. Bonds Compl. Guide for J. P. p. 110. Wing High-ways sect. 6. Land in Tillage or Pasture th [...] he or she shall occupy in the sam [...] Parish, and every other Person keepin [...] there a Plow or Draught, shall fin [...] and send at every day appointed fo [...] the amending of their High-ways [...] the place to be appointed, one Wa [...] or Cart furnished after the Custom [...] the Country, with Oxen, Horses,Where they keep all Horse Teems, there they may send a Cart fur­nished, and where they keep Draughts and Oxen there they must send a Wain and not a Cart, for if the Party keep both a Wain and a Cart, yet he must send that which will do best service, and that is a Wain. Dalt. ibid. f. 100. Poult. High-ways 4. Bond ibid. p. 111. Keb. ubi su­pra, Wing. ubi supra. [Page 29] [...]ther Cattel, and all other Necessaries [...]eet to carry things convenient for [...]at purpose, and also two able Men [...]ith the same, upon pain of every [...]raught making default ten shillings; [...]nd every Housholder, and also every [...]ottager and Labourer of the Parish, [...]ble to labour, and being no hired [...]ervant by the Year, shall by them­ [...]lves, or one sufficient Labourer for [...]very of them, upon every of the said [...]ays, work and travel in the amend­ment of the said High-ways, upon [...]ain of every person making default [...] lose for every day twelve pence; [...]nd if the said Carriages of the Parish,Two able Men to be sent for every Carriage spared, Dalt. ibid. f. 100. Poult. ibid. High-ways 3. Wingate High-ways sact. 7. [...] any of them shall not be thought [...]eedful by the Surveyors to be occu­pied upon any of the said days, that then every such person that should have [...]ent any such Carriage shall send to the [...]aid Work for every Carriage so spared, [...]wo able Men there to labour for thatNote, that neither Women nor Chil­dren are to be sent to the com­mon days Works. But by the Stat. of 22 Car. 2. ch. 112. the forfeiture is made 1 s. 6 d. and so it is for every day Labourers making default▪ [...]ay, upon pain to lose for every Man [...]ot so sent to the said Work twelve [...]ence; and every Person and Carriage [...]bovesaid, are to bring with them [...]hovels, Spades, Picks, Mattocks, and other Tools and Instruments necessary [...]or the said Work; and all the said Persons and Carriages are to do their [Page 30] Work as they shall be appointed [...] the Surveyors or one of them, eig [...] hours of every of the said days, unl [...] they shall be otherwise licenced by [...] said Surveyors, or one of them.

Stewards in Court-Leets have pow [...] Stewards in Leets, and in their de­fault J. P. at Ses­sions to enquire of defaults upon this Statute. to enquire after the Offences aforesa [...] committed within the Precincts of the Leets, and set reasonable Fines a [...] Amerciaments upon Offenders, and [...] St. at large f. 289. Keb. ibid. f. 740. sect. 2. Wing. ibid. sect. 8. within six weeks after Michaelmas [...] deliver inde [...]ed [...]treats of such F [...] under their [...] and Seals, [...] o [...] part thereof in the Baili [...] or Hig [...] Constable o [...] the Hundred, Rape, Lat [...] or Wapen [...]ke and the other to t [...] Constables and Churchwardens of [...] Parish where the defaults were made and in default of Presentments in t [...] Leet, then the Justices of the Peace [...] the County at every general Quarte [...] Sessions may enquire thereof, and [...] such Fines as they or any two of the [...] (whereof one of them to be of t [...] Quorum) shall think fit, of whi [...] the Clerk of the Peace is to make i [...] dented Estreats under his Hand an [...] Seal in like manner as the Stewards [...] B [...]iliff or High-Constable to levy and make account Dalt. J. P. f. 103. Poult. High-ways 10, 11. Wingate High-ways sect 11 Leets are to do; and these Estrea [...] shall be a sufficient warrant to th [...] Bailiff or High-Constable to levy th [...] [Page 31] [...]id Fines by way of distress, and if [...]o distress can be found, or the party [...]bstinately refuseth, and does not pay [...]he Fine within twenty days after de­mand, he or they shall then forfeit [...]ouble so much, and the Bailiff or High-Constable shall every Year be­ [...]wixt the first of March and last of April render to the Churchwardens of [...]he Parish where the Offence is com­mitted (and who have the other part [...]f the Estreats) an account of the Mony received by him on pain of [...]orty shillings; and the Churchwar­densPain 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 [...]ll the Monies received by him, save [...]ight pence in the pound for himself, [...]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 onMonies how to be bestowed, Wing. ibid. sect. 10 [...]he Repair of the High-ways of the Parish where the Offences were com­mitted; and the succeeding Church­wardens have the same power of cal­ [...]ing their predecessors to account as [Page 32] they had against the Bailiffs; but th [...] Surveyors are now to present the d [...] ­faults upon this Statute, and upo [...] 5 Eliz. 13. and 22 Car. 2. 12. within one month after any default, & [...]. And by the Statute 3 and 4 King Wi [...] ­liam and Queen Mary, chap. 12. the [...] are to be presented every four months so see afterwards, chap. 7. about Pr [...] ­sentments.

After the making of the Statute o [...] 18 Eliz. ch. 10. 2 and 3 P. and M. some Scruples b [...] ­ing raised about such Persons as h [...] a Plow-land lying in several Parish [...] part in one Parish, and part in anothe [...] where he should send his Draught, an [...] about those who had several Plow­lands, how they should be charged and some other Quaeres, for resolving of which Doubts, and explaining [...] the said Act of Parliament, it is enact­edSt. 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 eve [...] Person (except such as dwell in th [...] City of London) assessed at five pound [...] in Goods to the Subsidy, or wort [...] forty shillings or above in Lands, be­ing none of the Parties chargeable fo [...] the amendment of High-ways by an [...] former Law; but as a Cottager is to find two able Men yearly at the pub­lick or common day-works to labour [Page 33] in the High-ways as by the Statute isKeb. 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 hisHe 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 [...]ind in each Town or Parish (where the Plow-lands being in his occupa­tion do lie) one Cart, Wain, Tum­ [...]rel, Dung-pot or Court, Sleads, Cars [...]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 noKeb. 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 [...]s to carry materials for such amend­ment upon backs of Horses, or by [...]ny other kind of Carriages; the In­ [...]abitants there shall send in such their [...]orses as are accustomed to that kind of Labour, and such their other Car­ [...]ages, with able persons to work with the same, in like manner and un­der [Page 34] the like penalties as is appointed for Carts and Teams.

If any fail to make their respective22 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 Surveyo [...] 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 an [...] Chattels of every day-labourer one sh [...] ­ling and six pence, and after that ra [...] for every Labourer that is to be se [...] in, and for every Man and Horse th [...] shillings, and for every Cart wi [...] two Men ten shillings, for every r [...] ­spective day they shall make defau [...] (rendring the overplus to the Owne [...] reasonable Charges being first deduc [...] ­ed) which respective penalties so lev [...] Wing. ubi supra shall be imployed for and towards t [...] repairing the High-ways, in every re­spective Place and Parish.

Having shewed how those that o [...] ­cupy and keep a Plow-land are charg [...] ­ab [...] [Page 35] 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 ofCo. 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. f [...]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 [Page 36] in his Jurisd. fol. 222. says, A Hide of Land (being the same with a Plow­land) 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 [...] Acres. In ancient time a Plow-land was of the yearly value of five pound [...] and this was the Living of a Plowm [...] or Yeoman.

Some differences arising upon sevenD [...]lt. J. P. ch. 50. [...]. 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 Ki [...] Charles I's. Time, eight Acres was [...] be accounted a Plow-land, and [...] proportionably to be charged for men­ing High-ways.

A Man that goes with two Draugh [...] [...] that keep two or more Draughts [...]r his own use, should s [...]nd as many to the a­m [...]ndment of the High way, D [...]lt. J. P. ch. 50 [...]. 105. Compl Just. p. 164 usually, or more, for the dispatch [...] his own Husbandry, and keeps pe [...] ­haps above an hundred Acres of T [...] lage Land, does usually send but o [...] Wain or Cart furnished to the comm [...] day works for the amendment of th [...] High-ways; and he that keeps but o [...] D [...]aught and hath but a small quan­tity [Page 37] 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 inDalt. & 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 [Page 38] 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 inDalt. 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 the [...] 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 [Page 39] 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, andDa [...]t. J P [...]ch. 50. f. 105. goes with one or two Horses, must send his Cart to the amendment of the [Page 40] 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 s [...]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 no [...] Co. 2 Inst. f. 3. bound to send any; for my Lord Cook saith, That true it is, that Ecclesia­stical persons have more and greate [...] 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. The [...] Co. 2 Inst f. 4. Marlb [...]. ch. 10. Briton p. 19. b. [...]h 12. n. 40. Fl [...]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 I [...] ­able, Co. 2 Inst. f. 704. ought not in person to serve in Wa [...] nor are they to appear at Sheriff [...] 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 distraine [...] for any of these, they may have Writ out of the Chancery for their discharge, as appears by the Registe [...] Regist. f. 260. a. F. N B. f. 227. F. Degs Parsons, Co. 4 Edi­tion printed 1685 p. 122, 123▪ and Fitzherbert; Rex Ballivis sui [...] de B. salutem, cum personae Ecclesia­stica [Page 41] secundum consuetudinem hacte­ [...]s in Regno nostro usitatam & ap­ [...]obatam, ad Toloniam, Pannagium, Muragium, &c. de bonis suis Eccle­ [...]asticis alicubi in eodem Regno prae­ [...]and. nullatenus teneantur, vobis prae­ [...]pimus quod L. S. personam Ecclesiae [...] W. ad Toloneum, &c. And when [...]ny Charge is intended to be put up­on them or their Spiritual Promoti­ [...]ns, they are set down in express Terms, and particularly named; and the general Custom hath been to ex­ [...]use them, and it is a Rule in Law, [...]ptimus Interpres Legum consuetudo, Custom is the Laws best Interpreter: And where the penning of a StatuteVaugh. Rep. f. 169 [...] dubious, long usage is a just Me­ [...]ium to expound it, for jus & no [...] ­ [...]a lequendi is governed by usage, and the meaning of things spoken or writ­ten, must be as it hath constantly been [...]eceived to be by common accepta­tion, by all which it appears that Mi­nistersBut they are [...]a­ble to pay their proportion of As­sessments made for the repairing of High-ways. should be excused from the common or publick days works ap­ [...]ointed for the amendment of High-ways, in respect of their Church Livings only; for if they hire or [...]arm any Lands, and keep a Draught to mannage those Lands, I presume [Page 42] they are chargeable to send to the [...] pairing and amending the High-w [...] for those Lands they so farm.

CHAP. V. How Trees, Hedges and Bushes [...] in or adjoyning to High-w [...] 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 brea [...] High-ways and Causeys in them [...] to be.

IT is provided by the Statute13 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-w [...] 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 comm [...] ­ted for want of cutting down [...] [Page 43] [...], 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 [...]ays shall be enlarged as aforesaid: [...] where a Park is taken from the [...]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 fullyThe 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 [...]igh-ways and Roads, may see in every [...]ounty in several places thereof, great [...]nderwoods adjoyning close to the [...]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.

[Page 44]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 L [...]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 High­way.

The Lord of a Rape within whic [...] Pas. 11 J [...]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, althoug [...] [Page 45] 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. [...]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 [...]igh-ways, cut down by the Owner [...] Owners of the Ground or S [...]il [...]hich shall be inclosed with the said [...], Fences, Dikes or Hedges afore­ [...]id, whereby the said Ways may be [...], and the people have more readyWing. High-vvays sect. 15. [...] easie passage in the same; here is [...] penalty set down, but the Super­ [...]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 [...]ext Justice of the Peace on pain of [...] shillings, and the Justice on pain [...]f five pounds (Mr. Keble saith aThe Book of the Statutes at large printed 1587. f. 444. saith 5 [...]. Wing. ubi supr [...] saith also 5 [...]. [...]undred pounds, but I suppose its a [...]) is to certifie the said [...] at the next general Sessions, and [...] Justices at the Quarter Sessions, [...]r any two of them (whereof one to [...] of the Quorum) are to assess Fines [Page 46] 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 wa [...] 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. [...]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 Eliz. ch. 13. they are to cut dovvn the Trees and Bushes, but by this Act, if they be but kept lovv, it seems is sufficient. Fairing-way, or shall not [...] down or keep low all Trees and [...] growing in or next adjoyning to [...] of the said Ways, according to [...] true intent of 5 Eliz. chap. 13. [...] Wing. High-vvays sect. 20, 22. every Offence therein committed, [...] forfeit and lose for every [...] ten shillings, to be levied in [...] Parish by the Surveyors of the [...] ways within that Parish for the [...] being; by distress, and sale of [...] in manner and form as Fines [...] Amerciaments in Leets have been [...] and the Mony to be imployed [...] the High-way where the Offence [...] committed; and in default of [...] Surveyors not levying and [...] [Page 47] same within one year after the [...] committed, then to be levied [...] aforesaid by the Constables or [...]urchwardens of the Town or Parish [...] the work ought to be done, the High-way as aforesaid; and [...] he or they so levying any of the [...] Penalties or Forfeitures shall make [...] yield such account as is appointed the Statutes of 5 Eliz. chap. 13. 2 and 3 Ph. and M. or either of [...].

It is enacted by the Statute of3 & 4 W. & M. ch. 12. and 4 of their present Majesties [...], King William and Queen [...], That no Tree, Bush or Shrub [...] be permitted to stand or grow in [...] High-way not full twenty FootQu. if the High­vvay be not above 20 Foot broad, vvhether the Trees, &c. need be cut dovvn or no by the vvords of this. [...], but the same shall be cut down, [...] up and carried away by the [...]wner or Owners of the Land or [...] where the same grows, within [...] days after notice given to him or [...] by the Surveyors of the High­ [...]ays,Quare hovv the distr [...]ss shall be taken and penalty levied, for here is povver given to Justices to make a Warrant, but no Officer named to execute it, as is usually done in such Cases in o­ther Statutes. or any of them, on pain of [...] shillings for every neglect, to be [...] on his or their Goods and [...] by distress and sale of the [...] by Warrant under the Hand and [...] of two or more Justices of the [...] of the same Division, or in de­fault [Page 48] thereof, any neighbouring [...] stices of the Peace for the said [...] which Warrant the said Justices are make upon information upon Oath any one credible Witness, one [...] to the Informer, and the other [...] towards the Repairs of the [...] of the said Parish, rendring the [...] plus, if any be, to the parties [...], the Charges of distress and sale [...] first deducted.

And the Possessors of Land [...] 3 & 4 W. & M. chap. 12. If the vvay be a­bove 20 Foot broad. adjoyning to the High-ways [...] they are not twenty Foot broad, [...] from time to time, and at all [...] Qu. if the Hedges must be plasht, &c. for the Inten­tion of the Par­liament is, That People and Car­riages in such narrovv vvays might have free passage, and the Sun shine into them to dry them; but if they be a­bove 20 Foot broad it seems by these vvords as if there vvere no need of such plashing and pru­ning. keep their Hedges plasht, cut or [...], so as no Tree, Bush or Shrub [...] grow or stand in any such [...] nor any Bough or Branch [...] the same or any part thereof, but [...] Hedges must be kept cut and [...] right up from the Roots, so that [...] may not spread and hang into [...] High-way, so that there may be clear and free passage for all sorts Travellers and Carriages, and that [...] Sun may freely shine into the said [...] to dry and amend the same; for [...] some narrow Ways the Trees [...] Hedges over-hang them so much, [...] neither Sun nor Wind can come [...] [Page 49] them, and so they are always bad, [...] besides, People who are Strangers [...] travel there after it is dark, are [...] danger of being knockt off their horses, or of scratching their Faces, or tearing their Clothes, or some other mischief.

Every Supervisor or Supervisors5 El. ch. 13 Stat. at large f. 443, 444, Poult. High-ways 86. Keb. St. f. 802. sect. 6. Dalt. J. P. f. 103. Bond. p. 112. Wing. High-ways sect. 21 & 12. within the Parish or Limits where they [...] Supervisors, have power and au­thority by virtue of the Statute 5 El. [...] turn any Water-course or Spring of Water, being in the High-ways, [...] any Ditch or Ditches of the several [...] or Soil of any person or [...] whatsoever, next adjoyning to [...] said Ways, in such manner and [...] as they think fit and convenient. [...] all such as occupy any Lands [...] 18 El. ch. 10. St. at large f. 609, 610. Poult. ibid. 15. Keb. ibid. f. 859. sect. 6. Wing. ibid. sect. 2 [...]. to the Ground that joyns [...] the High-way, in which any [...] or scouring should or ought to [...] are as often as need requires to [...] and scower the said Ground, so [...] the Water conveyed from the [...] over the Ground next [...], may have passage over the [...] Ground so next adjoyning to it, [...] pain to forfeit for every Rod [...] pence for every time the same not ditched and scowred, to be [Page 50] levied by the Surveyors, or in th [...] default by the Constables or Chu [...] wardens, and to be disposed of is shewed before in this Chap [...] And no person or persons hav [...] 18 El. ch. 10. St. at large ubi supra. Poult. High-ways 16. Keb. ubi supra sect. 7. Lamb p. 475 Wing. High ways sect. 21. any Ground by Lease or otherwise [...] joyning to any High-way or comm [...] Fairing-way leading to any Ma [...] Town, shall cast and scour [...] Ditch, and throw or lay the [...] thereof in the High-way, and suffe [...] to lie there by the space of six mo [...] to the annoyance of the said H [...]way or common Fairing-way, [...] That is, by the Surveyors, or in their default the Constables Churchwardens, see before in this Chapter. pain to forfeit for every Load two pence, to be levied and disposed o [...] [...] the same manner as aforesaid. [...] where any Soil hath been cast into High-way heretofore, that there [...] Bank between the said Way and [...] Ditch, the Surveyors are to [...] Sluces or other Devices by their [...] cretions, to convey the Water out [...] the said Way into the Ditch. [...] 3 & 4 W. & M. ch. 12. where the Ditches and Drains alre [...] made are not sufficient to carry off Water that lies upon the High-wayBefore the ma­king of this Stat. 3 & 4 W. & M. they had no such power of making Drains in Mens Grounds. the Surveyors may make new Ditch [...] and Drains in and through the La [...] next adjoyning to the said High-wa [...] and keep them scoured, cleansed [...] [Page 51] open, and come upon any of the [...]d Lands which their Workmen for doing.

It is enacted by the Statute 3 and 43 & 4 W. & M▪ ch. 12. [...] their present Majesties Reigns, King [...]illiam and Queen Mary, That the [...]rveyors of the High-ways shall and [...]e required by the said Act to make [...]ry Cart-way leading to any Market­ [...]own, eight Foot wide at the least, [...]d as near as may be, even and level; [...]e is no penalty set down in case of [...]ler in the Surveyors, but I suppose [...]t will come within the words of other Clause in this Act, where it said, That if any Surveyor of the [...]gh-ways after his acceptance of his [...]fice, shall neglect his Duty in any [...]ing required of him by this Act, [...] shall forfeit for every such Offence [...]ly shillings, to be levied and dis­ [...]sed of as the Act directs, and how [...]at is see before in this Chapter. [...]t quaere how the Surveyors shall [...] [...]uch a Way eight Foot wide, if [...] Owners or Possessors of Lands ad­ [...]ning to the narrow Ways will not [...]fer it, for here is no provision made [...] such a Case, and the Surveyors can­ [...]t [...]nlarge the High-way by laying [Page 52] any part of another Mans Land to without his consent.

By the Statute of 3 and 4 of t [...] 3 & 4 W. & M. [...]. 12. present Majesties Reigns, King W [...] ­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 prese [...] at the Justices special Sessions, where else, and how defaults he [...] are to be punished, for here is [...] penalty set down by the Act of [...] ­liament.

CHAP. VI. What Stones and Rubbish the S [...] ­visors may take for the am [...] ­ment of the Highways, and in [...] places and how they may dig [...] Sand, Gravel, &c. And when they [...] necessitated to provide such M [...] ­rials at their Charge, how they to be reinbursed.

THE Supervisors of the H [...] ­ways5 El. ch. 13. St. at large f. 443, 444. Poult. High-ways 5. may without leave of Owner or Owners take and [...] [Page 53] away so much of the Rubbish andKeb. St. f. 802▪ sect. 3, 4. Dalt. J. P. f. 102. Wing. High­vvays, sect. 12. [...]mallest broken Stones of any Quarry [...]r Quarries already digged, and lying [...]ithin the Parish or Limits where [...]hey are Supervisors, as they shall [...]hink necessary for the amendment of [...]heir High-ways; but they are not [...] dig for any without leave of the [...]wners: And if there be no such Quarry or Quarries, or Rubbish to be [...]und in any such Quarry or Quarries [...]ithin their said Parish or Limits; [...]en they may dig or cause to be dig­ [...]ed in any Mans several Ground with­ [...] their Parish and Limits, and nighIf 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 m [...]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 the [...] could not. [...]joyning to the High-way, for Gra­ [...]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 [...]ployed in the said High-ways; but [...]ey are not to dig in any House, [...]arden, Orchard nor Meadow of any [...]an, nor to dig any more Pits but [...]e, and the same Pit or Hole shall [...]t be in breadth or length above ten [...]rds over at the most, which Pit [...]ey are to cause to be filled up with­ [...] a month after with Earth, at the [...]osts and Charges of the Parishioners, [...]on pain to forfeit five marks to be [Page 54] recovered by Action of Debt, as other like Cases of Debt hath been customed. The Supervisors may [...] Supervisors may gather Stones ly­ing upon any Mans Lands. gather or cause to be gathered Sto [...] lying upon any Mans Lands or Grou [...] within the Parish, and meet to used for such service and purpose, [...] carry away so much as they think [...] ­cessary to be imployed in the am [...] ­ment of the High-ways.

There is no Exception of La [...] No exception of Lands as to ga­thering of Stones. mentioned in the Act, as to the [...] ­thering of Stones, so that I presu [...] the Supervisors may gather Stones a Mans Meadow-ground, but th [...] they ought in Conscience to do it such a time of the Year, as Meadow may not be spoiled thereb [...] and when the Supervisors dig for [...] ­vel, &c. it must be done in Gro [...] nigh adjoyning to the High-way: [...] quaere how far this shall extend, [...] whether they may dig in a Ma [...] Ground lying two or three Clo [...] from the High-way without his lea [...] and making him satisfaction for [...] damage; but I conceive if a [...] have a Close that adjoyns upon [...] High-way, which hath fourscore or hundred Acres in it, that all this Cl [...] shall be said nigh adjoyning to [...] [Page 55] [...]igh-way, and that the Surveyors [...]ay dig for Gravel, &c. in any part the Close where its likely to be [...]und, without being Trespassers to [...]e Owner or Occupier of the said [...]lose.

When Surveyors of the High-ways3 & 4 W. & M. ch. 12. [...]ave been forced to lay out their own [...]onies for buying Gravel, Sand, Stones, [...]id other Materials for the amend­ [...]ent of their High-ways, in such [...]arishes and Townships where they had [...]one within themselves, and no pro­ [...]ision by Law, how they should be re­ [...]bursed their Monies they have so [...]id out; It is now enacted by the [...]tatute 3 and 4 of their Majesties [...]eigns King William and Queen Mary, [...]hat upon notice given by such Sur­ [...]eyorsHow Surveyors are to be re-im­bursed the Mo­nies they lay out. to the Justices of the Peace at [...]heir special Sessions, and Oath made [...]f what Sum or Sums of Mony are [...]xpended and laid out upon amend­ [...]ng and repairing the said High-ways, [...]he Justices or any two of them atRate by whom and how to be made. [...]heir special Sessions by Warrant un­ [...]er their Hands and Seals may cause [...]n equal Rate to be made for the re­ [...]mbursing the said Surveyor or Sur­veyors, the Monies by him or them [...]aid out as aforesaid, upon all the In­habitants [Page 56] 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 [...] 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 toSurveyors to di­strain for the rate and sell the di­stress. pay the Monies so assessed on him or them, that then the same shall be le­vied by the said Surveyors by distress and sale of the Goods and Chattels of the persons so refusing, rendring to the party the overplus, reasonable Charges for making the said distress first to be deducted.

CHAP. VII. How, when, where, and before whom, Presentments upon the Statutes for High-ways are to be made, and to whom, and within what time, and before whom account is to be made by Officers for Monies received by virtue of any of the said Statutes.

PResentments for Defaults in not2 & 3 P. & M. ch. 8. Stat. at large f. 289, 290. Poult. High-ways 9, 10, Keb. St. f 741. sect. 2, 4. Lamb p. 475. Dalt. J. P. f. 103. Bond Guide for Just. J. p. 112. Wing. High-ways, sect. 8, 9. coming to the publick or com­mon days-works for amendment of the High-ways, by the Statute 2 and 3 P. and M. may be in the Leet or at the Sessions; and the Steward of the Leet or any two Justices at the Quarter-Ses­sions (whereof one to be of the Quo­rum) may set Fines at discretion; if it be in the Leet, then the Steward within six Weeks after Michaelmas is to deliver indented Estreats of the Fines under his Hand and Seal, one to the Bailiff or High-Constable of the Hun­dred, Rape, &c. And the other to the Constables and Church-wardens of the Parish where the default is made; and if it be in the Sessions, the Clerk of the Peace is to do the like, and the Bailiff or High-Constable are to levyWing High-ways sect. 10. by distress the Fines mentioned in the [Page 58] Estreats, and where no distress is to be found, or denial of payment for twenty days after demand, then the parties are to forfeit double so much, and the Bailiff or High-Constable areWing. ibid sect. 11 yearly betwixt the first of March and last of April to give account to the Churchwardens of the Parish where Offences shall be committed, on pain of forty shillings, and if they refuse to give account and pay all the Monies b [...] them received, save eight pence in the pound for their own Fee, and twelve pence in the pound for the Steward o [...] Clerk of the Peace Fees that make the Estreats, then the Churchwardens may call them before two or more Justices of the Peace (one to be of the Quor.) who have power to commit them till pay­ment, and the Mony is to be bestow­ed on the repair of the High-ways of the Parish where the Offence was com­mitted, and the succeeding Church­wardens may in like manner call their5 El. ch. 13. & 22 Car. 2. ch. 12. di­rects the same to be done at the same time, Keb. St. f. 1396. sect. 12. Crom. 131. Dalt.. J. P. f. 99. Poult. J. P. 69 Bond. P. 110. Comp. J. P. 161. Lambert P. 305. Wing. High-ways sect. 15, 16, 17. Predecessors to account.

Surveyors of the High-ways by the Statute 5 Eliz. are to present Default and Offences to the next Justice of the Peace within a month after they are committed, on pain of forty shil­lings, and the Justices on pain of [Page 59] five pounds is to certifie the same Pre­sentment at their next general Sessions; and by the same Statute every Justice of the Peace may of his own knowledge in open Sessions make presentment of any High-way not sufficiently repaired, or of any other Default or Offence com­mitted in the said County within the Limits of his Commission contrary to this Act, or the 2 and 3 P. and M. which presentment shall be of the same force as if it had been presented and found by the Oath of twelve Men: And the Justices or any two of them (one to be of the Quorum) may at their general Sessions assess such Fines upon presentments as they think fit, saving to the persons so presented, their lawful Traverse to the same, as they might have upon an Indictment of Trespass or Forceable Entry; and the Fines upon such Presentments, to be estreated by the Clerk of the Peace, and levied and disposed of in manner and form aforesaid.

The Fines imposed and set on theWhen Fines set on a Parish for not repairing their High-ways are levied on some particular Inhabitants, how they shall be re­imbursed. presentment of a Justice of the Peace; and other Fines and Issues for not re­pairing of High-ways, being often­times returned into the Court of Ex­chequer, or other Courts, and levied [Page 60] upon some particular Inhabitants, an [...] no provision being made for making a Rate to reimburse them; it is en­acted therefore by the Statute 3 and 43 & 4 W. & M. ch. 12. of their Majesties Reigns, King Wil­liam and Queen Mary, That no Fine, Issue, Penalty or Forfeiture shall for the future be returned into any of theQu. how it shall be levied, and by whom, if by the chief Constable or Bailiff of the Hun­dred upon an E­streat made by the Clerk of the Peace as is directed by the Statute 2 & 3 P. & M. & 5 El. or how else, for here is no mention made by this Stat. said Courts, but shall be levied and paid into the Hands of the Surveyors of such Parish or Place to be applied towards the repair of such High-way; and if any Fine, Penalty or Forfeiture imposed on any Parish or Place for not repairing the High-ways, be here­after levied on any one or more of the Inhabitants there, then such Inhabitant or Inhabitants may make their com­plaint to the Justices of the Peace at their special Sessions, and they or any two of them by Warrant under their Hands and Seals may cause a Rate to be made according to the form and manner (as is set down in the last Section of the sixth Chapter for the reimbursing Surveyors) for reimbur­sing such Inhabitant or Inhabitants the Monies levied on him or them, which Rate so made and confirmed by two Justices as aforesaid, shall be collected and levied by the Surveyor or Sur­veyors [Page 61] of the High-ways of such Parish or Place so presented or indict­ed; and the Surveyor or Surveyors within a month next after the making and confirming the Rate, must pay unto the Inhabitant or Inhabitants, such Mony so levied on him or them as aforesaid.

Justices of Assize and Oyer and18 El. ch. 10. St. at large f. 610. Pult. J. P. 69. Keb. St. f. 860. sect. 9. Wing. High-ways sect. 23▪ Terminer and Justices of the Peace in the Sessions and Stewards of Leets and Law-days, may hear and determine Offences against the Statute 18 Eliz. and the Surveyors who are to levy the Forfeitures on that Statute, and the Constables or Churchwardens (who in default of the Surveyors are to levy the same) are to yield such account ap­pointed in 2 and 3 P. and M. chap. 8. and 5 El. chap. 13.

All defects of Repairs of Cawseys,22 Car. 2. ch. 12. Keb. St. f. 1394. sect. 4. Wing. ibid. sect. 33. Pavements, High-ways or Bridges shall be presented in the County only where such Cawseys, Pavements, High-ways or Bridges do lie, and not elsewhere, and that no such Presentment or In­dictment shall be removed by Certio­rari, or otherwise, out of the said County, till such Indictment or Pre­sentment be traversed, and Judgment thereupon given.

[Page 62]And no Presentment, Indictmen [...] 3 & 4 W. & M. ch. 12. or Order made by virtue of the Statu [...] 3 and 4 of their Majesties Reigns, King William and Queen Mary, is to b [...] removed by Certiorari out of the Coun­ty into any other Court for any Mat­ters concerning High-ways, Cawseys, Pavements and Bridges mentioned in the said Act, but are to be determined in the County where the same do li [...], and not elsewhere.

And now by the Statute also of the3 & 4 W. & M. ch. 12. said 3 and 4 Years of their said Ma­jesties Reigns, King William and Queen Mary, it is enacted, That the Ju­stices of the Peace of every County i [...] their respective Divisions shall hold [...] special Sessions once every four months,Special Sessions to be held every four months. and summon all the Surveyors of the High-ways within that Division to come before them, and then shall give them charge to do their Duty, and declare to them what they are obliged to do by virtue of that Statute, o [...] any former Act, and then the Sur­veyorsThe Surveyors to present upon Oath. are to make a presentment to the Justices upon Oath of the state and condition of the High-ways within their respective Parishes, Towns, Vil­lages, Hamlets, Precincts or Tythings, for which they are Surveyors, and [Page 63] what Offences or Neglects any are guilty of contrary to the meaning of the Statutes made concerning High-ways; and before they go out of theirSurveyors to ac­count upon Oath. Office, they must at some special Ses­sions of the said Justices give an ac­count upon Oath of all Mony come to their Hands which ought to be im­ployed in amending of the High-ways, and how the same is disposed of, and if any Mony be remaining in any Sur­veyors Hands, he shall deliver the same to those that shall succeed him for the Year ensuing in the same Office for that Place, and in case of failure to forfeit double the value of what shall be judged to be in his Hands by the said Justices, to be levied and disposed of in the same manner as the Statute directs in case where one refuseth to be Surveyor after he is served with a Warrant of Notice, or neglects the Office, for which see before, Chap. 2. And now generally all Presentments about High-ways, and Offences con­cerning the same, are to be made up­on Oath by the Surveyors before the Justices of Peace at their special Ses­sions held for that purpose.

CHAP. VIII. How Lands given for the maintenan [...] of Cawseys, High-ways, Pav [...] ­ments and Bridges are to he le [...] and how Assessments are to be made and gathered for repairing High-ways, and of such as make resi­stance and oppose such persons a are imployed in the Execution of the Statutes made for amendment of High-ways, and also concerning Suits that shall be brought about the same.

TRustees of Lands given for main­tenance22 Car. 2. ch. 12. Keb. Stat. at large printed 1684. f. 1394. sect. 2. Win­gate High-ways, sect. 31. of Cawseys, Pavements, High-ways and Bridges, shall let them to farm at the most improved yearly Rent without Fine; and the Justices of Peace in their open Sessions, may order the Improvement and Imploy­ment thereof (other than of such Lands as have been given to the uses afore­said to any Colledge or Hall in either of the Universities that have Visitors of their own) according to the Will of the Donor, if they find that the Persons intrusted have been negligent, or faulty in the performance of their Trust.

[Page 65]Where the Justices of the Peace of3 & 4 W. & M▪ ch. 12. any County, City, Borough or other Place, or the major-part of them at their general or quarter Sessions, shall be fully satisfied that the common High-ways, Cawseys, Bridges, Streets [...] Pavements within their respective Jurisdictions within any Parish, Town­ship, Hamlet or other place there, cannot without the help of the Statute of 3 and 4 of their Majesties Reigns, King William and Queen Mary, be sufficiently amended, repaired, paved, [...]leansed and supported, then in allAssessments when and how to be made. such Cases one or more Assessment or Assessments upon all and every the [...]nhabitants, Owners and Occupiers of [...]ands, Houses, Tenements and Here­ [...]taments▪ or any personal Estate usu­ [...]lly ratable to the Poor, within any [...]ch Parish, Township, Hamlet or [...]ther place, may be made, levied, col­ [...]cted and allowed by such person and [...]ersons, and in such manner as the [...]id Justices by their Order at such [...]essions shall direct and appoint in [...]at behalf, and the Mony thereby [...]ised shall be imployed and accounted [...] according to the Orders and Di­ctions of the said Justices, for and [...]wards the amending and repairing, [Page 66] paving, cleansing and supporting [...] High-ways. Cawseys, Streets, [...] and Bridges, from time to timeQuare who must make the distress, for the Statute names no Officer, but this Clause I conceive hath re­ference to the preceeding Clause and it must be done by such per­son or persons as [...]oe Justic [...]s shall order at their ge­neral quarter Ses­sions. as need shall require, and the said [...] shall be levied by distress [...] sale of the Goods of every Person [...] assessed (not paving the same within [...] days after demand) rendring the [...] plus to the Owner or Owners ( [...] Charges of making and selling [...] distress, being first deducted) and [...] Assessment in any one Year is not [...] exceed six pence in the pound of [...] yearly value of Lands, Houses, [...] and Hereditaments, nor abo [...] six pence for every twenty pounds [...] personal Estate; and such Order [...] the greater number of the Justices [...] Peace shall make at their general qu [...] ­ter Sessions concerning Persons [...] shall be conclusive and bind [...] said Parties.

If any person or persons shall [...] 22 Car 2. ch. 12. Keb Stat. f. 1394. sect. 2 Wingate High-way, sect. 32 or make forceable opposition [...] any person or persons imployed in [...] due Execution of the Acts of [...] 2 & 3 P. & M. ch. 8. 5 El. ch. 13. 18 El. ch. 10. of 2 and 3 P. and M. and [...] and 18 Eliz. or 22 Car. 2. made [...] the amendment of High-ways, [...] shall make any rescue of any [...] or Goods distrained by virtue [...] [Page 67] of, every person being convicted there­of by the Oath of one credible Wit­ness before any Justice of the Peace of the place or division, or by the view of the Justice himself, shall for every such Offence forfeit forty shillings, and for non-payment within seven days after notice of Conviction, any Justice of the Peace residing near the place where such opposition or rescue shall be made, may commit the Offender to the Common Gaol of the County where such Offence was committed, there to remain till payment of the Forfeiture be made to the Surveyors of the High-ways for the Parish where the Offence was committed, to be imployed for the amendment of the High-ways of the same Parish.

Actions brought against any Person22 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 [...]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 Mat­ [...]er in Evidence; and if there be a Verdict for the Defendant, or the Plaintiff be non-suited, or discontinue [...]is Action, the Defendant shall reco­ver [Page 68] his treble Costs sustained by reaso [...] of such Action or Suit.

And if any Action or Suit shall b [...] 3 & 4 W. & M. chap. 12. commenced or prosecuted against an [...] person or persons, authorized to [...] the Act (of 3 and 4 of their M [...] ­jesties Reigns, King William an [...] Queen Mary, made for repairing High-ways) in Execution, the Defendan [...] may plead the general Issue, and [...] the special Matter in Evidence, and [...] the Plaintiff be non-suited, or fo [...] bear farther prosecution, or discon­tinue his Action, or a Verdict [...] against him or her, the Defenda [...] or Defendants shall recover doubl [...] Costs for which he and they sh [...] 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 [Page 70] they shall use, except one Horse; and every Owner of any Waggon, Cart,Pen [...]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 otherPenalty 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 [...]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.

[Page 71]And every Surveyor of the High-ways22 Car. 2. ch. 12. Keb Stat. at large printed 1684. f. 1394. sect. 1. Win­gate High-ways, sect. 30. wilfully suffering any Waggon [...]r Carts to pass through his respective [...]imits, with any more Horses, or [...]ther Cattel, or in other manner than [...]foresaid, upon complaint thereof made [...]o any Justice of the Peace of the [...]lace or Division where such neglect [...], and conviction of the Party, by the Oath of one credible Witness, or upon [...]he view of the Justice himself, shall [...]ncur such Fine as the same Justice [...]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 (occasioned3 & 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 Ju­sticesPrices 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 [Page 72] after Easter-day yearly, a [...] to assess and rate the Prices of a [...] Land-Carriage whatsoever of Good [...] to be brought into any place o [...] places within their respective Limit [...] and Jurisdictions, by any commo [...] Waggoner or Carrier; and to certif [...] the said Rates to the several Mayo [...] 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 andQu. who sh [...]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 FrenchBlounts Law Di­ction [...]y verb. Nu­sance. word Nuire (id est) Nocere to hurt or annoy.

By the Statute of 3 and 4 of King3 & 4 W. & M. ch. 12. William and Queen Mary, it is en­acted, That no person or persons what­everQu. if the High­way 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 onQu. who shall levy for no Officer is named by the Act 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 any neighbouring Justices of the Peace for the said County, upon informa­tion of any one credible Witness, up­on Oath, the one moiety of which said [Page 74] Forfeiture shall be to the Informer and the other moiety for and towards the Repairs of the High-ways of the same Parish, rendring the overplus if any be, to the party or parties di­strainedIf the Offender lives in one Parish and the Offence is committed in an­other, qu. which Parish shall have the moiety for re­pairs. upon; the Charges of the di­stress and sale being first deducted▪ And if any Timber, Stone, Ha [...] ▪ Straw, Stubble, or other Matter for ma­king of Dung, or on any other pretence whatsoever, shall be laid in such High­way▪ as aforesaid, whereby the same shal [...] Not being 20 foot broad. be any ways obstructed or annoyed the Owners or Possessors of the Land next adjoyning to the same, shall cle [...] the said Way, by removing such things, and take and dispose of theIf the High-way be 20 foot broad, qu. whether the Owners or Posses­sors of the Lands may then remove & dispose of such Annoyances, for it seems by the vvords of the Sta­tute as if they could not. same to his and their own use, and i [...] such Owner or Occupier neglect to re­move such Nusances, or to cleanse [...] scour their Ditches, Gutters and Drains adjoyning to the said High-ways, [...] to cause the Earth taken out thereo [...] to be carryed away, and lay sufficient Trunks, Tunnels or Bridges whereEarth taken out of Ditches, Gut­ters and Drains to be carried avvay. any Cart-ways are into the sai [...] Grounds, for the space of ten day [...] after notice given to him, her or them by the Surveyors, for every such Of­fence they shall forfeit five shillings to be levied and disposed of in manne [...] aforesaid.

[Page 75]For a common Nusance in a com­ [...]on2 E. 4. f. 9. a. pl. 21. 5 E. 4. f. 2 b. pl. 24. 27 H. 8. f. 27. a. pl. 10. Tr. 41 El. B. R. Fineux and Hove­dens Case, Cro. El. f. 664. pl. 15. Co. Rep. 5. lib. f. 73. a. & 9 lib. f. 113. a. Co. Lit. f. 56. a. Rolls Cases 1 p. f. 88. Kitch. Court Leet printed 1581 p. 49. a. 50. a. High-way, as where a Ditch is [...]ade, or Pale erected cross a Way, or its are digged therein, so that a Man [...]annot pass, or dead Horses, Beasts, [...]wine, Dogs, or other Carrion or [...]nnoyances are laid and thrown in the [...]igh-way, to the great disturbance of [...]e People passing that way, yet for [...]hese common Nusances, a Man shall [...]ot have an Action upon the Case, [...]nd this the Law hath provided, for [...]voiding the multiplicity of Suits; [...]or if one Man might have an Action [...]ll might have the like, and then oneCo. Rep. 4 lib. 43. a. might be punished an hundred times for one Offence; And nemo debet bis [...]uniri pro uno delicto. So the Law for these common Nusances (which [...]s commune Nocumentum, and equal to all their Majesties Liege People) hath provided an apt Remedy, and that is by presentment in the Leet, Tourn or Sessions, &c. But in theseVaugh. Rep. f. 335, 341. Cases if any Man have a particular da­mage by them, as if he and his Horse fall into the Ditch or Pits, or his Horse startle at the Carrion, or other An­noyance thrown into the Street, and throws him, whereby he receives da­mage or harm, for this particular da­mage [Page 76] which is not common to other he shall have an Action upon th [...] Case.

But if a Man have a particular d [...] ­mageVaugh. Rep. f. 340 The Common Lavv epitomized, printed 1679. p. 53. by a foundrous Way, he is ge­nerally without remedy, and the rea­son is because a foundrous Way or de­cayed Way, or the like is commonl [...] to be repaired by some Parish, Town­ship, Vill, Hamlet or County who ar [...] not Corporate, and therefore no Acti­on lies against them, for a particul [...] damage, but their neglects are to b [...] presented, and they punished by Fin [...] to the King; but if any particula [...] Person, or Body Politick be charge­able with the Repairs, in such Case [...] may have an Action against such Per­son or Body Politick (who ought to repair) for his damages, because h [...] can bring his Action against them but where there is no person certain against whom to bring his Action, i [...] is as if a Man be damaged by one th [...] cannot be found.

If a private Way be stopped [...] F. N. B. f. 184. & 407▪ Kitch. print­ed 1581. p. 49. a. 50. a▪ b. 1 R. 3. f. 1. a. Mich. 8 El. C. B. Leon. Rep. 3 p. f. [...]3. ca. 31. straightned or other injuries done there to the disturbance of him or them that have right to pass there, and hath a Freehold in the Estate for which he claims such right, he may in such case [Page 77] have an Assize of Nusance, Quare [...]njuste obstruxit, vel arctavit, vel [...]bstupavit quandam viam, &c. for [...]indring or straightning his way, &c. And if he be no Freeholder that is disturbed thus of his way, then he may have an Action upon the Case; But Justice Pollard said there is a di­ [...]ersity,2 H. 4. 11. 22 H. 6. f. 15. a. 14 H. 8. f. 31. b. pl. 8. Pas. 8 El. Dyer f. 250. b. pl. 88. The Com­mon Law epito­mized p. 52. where the Way is wholly stop­ped, so that one cannot pass, for there [...]n Assize of Nusance lies, and where the Way is stopped but in part, so that one may pass narrowly, for there an Action of the Case lies; so there is a diversity when the Way is straightned in part, and when wholly stopped, which all the Justices agreed; but notwithstanding this diversity laterPas. 38 Eliz. B. R▪ Alston and Pam­phyns Case, Cro. El. f. 466. pl. 22. 21 H. 7. f. 30. a. pl. 5. & Tr. 43 El. in Cam. Scaccar. in Cantrel & Church Case, Cro. El. f. 845 pl. 3 [...]. Tr. 11 Jac. 1 B. R. Co [...]cote & Tucker, Rolls Cases 1 p. f. 104. L. 30, 35. Mich. 8 Jac. 1. Pollard & Casy, Bol [...]r. Rep. 1 part f. 47. Judgments have over ruled this Opi­nion, for it hath been resolved and [...]djudged upon consideration had of the Books, that the Party may either bring an Assize, or an Action upon the Case at his Election, whether the Way be wholly stopped, or but in part; and so an Assize is now very rarely brought, but Actions upon the Case altogether.

And the reason why an Action lies1 R. 3. f. 1. [...]. Tr. 41 El. B. R. Cro. El. f. 664. pl. 14. Co. Lit. f. 56▪ a. Shep­pards Actions of the Case, chap. 5. sect. 5. p. 252. for a Nusance in a private Way, and not for a Nusance in a publick [Page 78] Way, is because that a private Nusan [...] is not inquirable in the Leet or Tour [...] and it was said in the Case betwee [...] Westbury and Powel, that it had bee [...] adjudged, That where the Inhabitan [...] of Southwark had by Custom a Wa­tring-place for their Cattel, which [...] stopped up by Powel, that in [...] Case any of the Inhabitants of South­wark might have an Action, [...] otherwise they should be without re­medy, because such a Nusance is [...] presentable in the Leet or Tourn, [...] note the diversity.

If an High-way be not repaired, [...] 5 E. 4. f. 2. b. pl. 24. Br. Action sur le Case 93. and Nu­sance 29. Kitchin Court Leet, &c. printed 1581. p. 49. a. b. that I am damaged by myring [...] Horse, I shall not have an Actio [...] on the Case against him that [...] to repair it, for this is an Action po­pular, and in this Case no single Per­son shall have an Action, but it shal [...] be presented in the Leet or Tourn, &c. and there punished▪

If a Man lay Clogs of Wood [...] Adjudged M. 15 Juc. 1. B. R. in Fow­ier and Sanders Case, Cro. Jac. f. 446. pl. 25. Rolls Cases 1 p. f. 88. n. 15, 20. and there in the High-way, and suffe [...] them to lie there by the space of two months or such other time, although a Man with great care, and in the day-time may pass safely, yet if [...] be riding in the Evening in the Way [...] not perceiving the Clogs, and hi [...] [Page 79] Horse stumbles upon them, by which he falls and throws his Rider, where­by he is wounded or bruised, or other­wise damnified, here an Action upon the Case lies against him that laid the Clogs in the way, although it be be­fore a Mans Door in a Town, Gate or Street, and that the People time out of mind have used to lay Clogs be­fore their Doors in the Town or Street for their Fewel or Firing, for this is a common Nusance, and none can pre­scribe to a Nusance.

But if A. being seised of a WastePas. [...] Jac. 1. B. R. inter Blyth and Topham adjudg­ed, Cro. Jac. f. 158. pl. 11. Rolls Cases 1 p. f. 88. n. 30. adjoyning to an High-way, dig a Pit in the Waste, within thirty Foot of the said Way, and the Mare of B. escapes into the said Waste, and falls into the Pit and dies, here B. shall not have an Action against A. because the making of the Pit in the Waste and not in the High-way, was no wrong to B. for it was his own fault that his Mare escaped into the Waste; butHill. 12 Jac. 1 B. R. in Everard and Hopkins Case per Cur. Rolls Cases 1 p. f. 88. n. 35. it is otherwise if a Pit or Ditch be digged in the High-way, for there an Action lies if one falls in, or if a Mans Servant falls into such a Ditch and is lamed so that his Master for a long time doth lose his Service, in such Case the Master may have an [Page 80] Action upon the Case for the loss [...] his Service against him that digged [...] Ditch.

If a Gate be set and hung cross [...] Pas. 6 Car. 1. B. R. Cro. Car. f. 185, 185. pl. 3. James & Haywards Case, Jones Rep. f. 221, 222, 223. pl. 1. High-way, where none hath been [...] ancient time, though it be fixed and [...] that it may be opened and shut [...] pleasure, so that their Majesties Sub­jects may pass and repass, yet this [...] a Nus [...]nce, for it is not so free [...] easie a passage as if no such Gate had been, for Women and old Men [...] more troubled with opening of Gat [...] than they should be, if there wer [...] none; and though the usual course [...] 33 H. 6. f. 26. Finch Law, Lib. 3. ch. 2. to redress a Nusance by Indictment yet every person may remove the Nu­sance and pull it down, and so it was held by Hide, Jones and Whitlock [...] Justices, 6 Car. 1. but Judge Cro [...] was of a contrary Opinion, and said▪ If it were a Nusance, there should be no Gates, for there cannot be a Pre­scription to a Nusance, and the mul­titude of Gates in several Ways, prove that it never was accounted to be a Nusance: But to this Jones said, That for ancient Gates in High-ways, it shall be intended they were by Licence from the King, and upon an Ad quod dampnum fued out of Chancery, but [Page 81] Crook conceived that could not be for [...] stopping, &c. but notwithstanding is Opinion it was agreed to be a Nu­ [...]ance, and that a Man might justifie [...] pull down such a Gate.

If the Owner of the Land stop myTr. 13 Jac. 1. B. R. Bolds Case, Shep­pards Actions up­on the Case, ch. 5. sect. 1. The Com­mon Law Epitom. p. 52. Way, and lease it to another, who [...]oth not open it, but continues the [...]usance, I may in this Case have an [...]ction upon the Case against the [...]essee: and so if a Nusance be erect­ [...]dCro. Jac. f. 201. pl. 10. Sheppards A­ctions upon the Case, ch. 5. sect. 1 in my time, and I devise the Land, [...]nd it be still continued, then the [...]evisee may have an Action upon the [...]ase, for the Continuance is a new [...]usance.

If one have a Way over anotherMich. 28, 29. Eliz. B R. in Dike and Dunstans Case, Godbolts Rep 52 [...] 53. ca. 65. [...] Ground, and by rooting of Cart­ [...]heels, the Way is so digged and [...]owned that they cannot so well use [...] as formerly; in this Case the party [...] the Way, cannot justifie to fill [...] the Cart-roots, and dig a Trench [...] let out the Water as it was held in [...] and Dunstans Case; and it being [...]emanded what remedy he should have, [...]stice Shute made Answer and said, [...] he went that Way before in his [...], let him now pluck on his Boots.

CHAP. XI. An Abridgement of the Statute [...] 22 H. 8. chap. 5. about the [...] of Bridges, with some Expositio [...] and Cases in Law relating ther [...] unto.

FOUR Justices of the Peace (b [...] 22 H. 8. ch. 5. Keb. St. at large print­ed 1684. f. 384, 385. sect. 1, 2, 3, 9. Poult. Abst. of the P [...]nal St [...]t. Tit. Just. of Peace, sect. 70. Lamb. p. 474. Dalt. J P. f 44, 45. Compl. J. p. 45, 46. Bond p. 54, 55. Wingate Bridges sect. 3. not under that number) where one to be of the Quorum, in eve [...] Shire, Franchise, City or Boroug [...] have power in the general Sessions [...] the Peace▪ to enquire, hear and d [...] ­termine of all manner of Annoyanc [...] of Bridges broken in the High-ways and of the High-ways next adjoy [...] ­ing to either end of the said Bridg [...] by the space of three Hundred [...] and shall make Process and Pains up [...] every Presentment before them for t [...] Reformation of the same, against su [...] as own to be charged with the R [...] ­pairs thereof, as they think [...] for the speedy amendment thereof. [...] when it cannot be known what Hu [...] ­dred,Co. 2 Inst. f. 70 [...]. Poult. Bridges 1. Wingate Bridges s [...]ct. 4. Riding, Wapentake, City, Tow [...] or Parish, nor what Person, or [...] Politick ought to repair a Bridge [...] Way at the end of it, then if the [...] [Page 83] [...] without a City or Town Corpo­ [...]te, it must be repaired by the Shire [...] Riding within which it is situate, [...] if it happen to be part in one [...]hire, Riding, City or Town Cor­ [...]orate, and part in another, then the [...]nhabitants of the several places shall re­ [...]air their several parts that lie within [...]eir Precincts.

And in every Case where it cannot22 H. 8. ch. 5. Co. ibid. f. 703. Keb. ibid. sect. 4, 5, 8. Poult. ubi sup [...]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 Au­ [...]orities have power to call before [...]em the Constables, or two able Men [...] every Town and Parish within the [...], Riding, City or Town Corpo­ [...]te, and with the assent of the saidSo that by th [...] Act the Justices cannot make the Tax without the Constable or two Inhabitants, no [...] they without the Justices, Co. Inst. 2 p. f 704. [...]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 andEvery 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 [...]llectors for every Hundred, who [Page 84] 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 S [...] ­veyors and their Executors and Ad [...] ­nistrators are to render an Account the said Justices, upon pain of I [...] ­prisonment,Wingate Bridges se [...] 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, [...] [Page 85] pain make such Fine as the said [...] think fit.

This Act shall not extend to the22 H. 8. ch. 5 K [...]b. St. at large print­ed 1684. f. 385. sect. 6, 7. Poult. Bridges 6. Wing. Bridges, sect. 7. [...]iberties of the five Ports or Members [...] the same, save only that the [...], Mayors and Bailiffs elected, and [...] of the same Ports and every [...] them, have such Power and Au­ [...]ority to enquire, hear and determine [...] manner of common Annoyances [...] Bridges within the same Ports and [...]embers as the Justices do in their [...]hires and Liberties out of the same [...]orts by virtue of this Act.

A Bridge in Latin is called Pons, a Co. 2 Inst. f. 701. in M [...]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 [...]aith, That Pons significat omne quod [...]uper Aquas transimus, Every thing [...]at we may pass-over the Water up­ [...]n; and Pontage is derived from Pons, Terms of the Law, and Blounts Law Dictionary verb. Pontage, Co. Rep. 8. lib. f. 47. [...]. 3 E. 3. Ass. 445. F. N. B. D. 227. [...] signifies sometimes the Contri­ [...]ution that is given for the main­ [...]nance or re-edifying of Bridges, and [...]ometimes the Toll paid for that pur­ [...]ose by those that pass over Bridges: [...]nd so it is mentioned in 39 Eliz. [Page 86] 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 fo [...] repair of Bridges might be by [...] Common Law, before the Justices [...] the Kings Bench, or before Justices [...] Eyre, or Commissioners of Oyer an [...] Terminer, and in the Tourn or Leet▪

Of common Right all the Coun [...] 10 E. 3. 28. Co. 13 Rep. f. 33. & Co. 2 Inst. f. 700, 701. Pasch. 1 [...] Jac. 1. Poph. Rep. f. 192 Tr. 2 Car. 1. B. R. Tr. 10 Car. 1. in an Information a­gainst th [...] Inhabi­tants of Middle­sex for Longford Bridge, agreed by the Court Rolls Case 1 p. f. 368. C [...]om. 186. b. 187. shall be chargeable to the Reparatio [...] of a Bridge (where no other is bou [...] by the Law to repair it) because it [...] a common Easement for the who [...] 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 si [...] 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 B [...]rr 276. [...]. R [...]p. 13. lib. [...]. 33. Men or Cattel which pass over [...] Bridge or Cawsey ought to repair [...] same, for he hath the Toll to [...] purpose; Et qui sentit [...] s [...]ntire debet & onus, Also a [...] may be bound to repair a Bridge, R [...] ­tione tenurae Terrarum sive Teneme [...] ­torum, &c. By reason of the [...] [...]e [...]ist. f. 268. [...] ▪ N. B▪ [...] b. Co. 2 Inst. f. 700. of his Lands: And if such a Perso [...] alien part of these Lands to one Man and part of them to another, [...] [Page 87] 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 boundFor 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. [...] [...] E. 4. [...]. 38. b. Dalt. J. P. f. 45. [...]y Usage and Prescription, viz. That [...] and all his Ancestors have rep [...]ired [...]he Bridge, if it be not in respect of [...]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. And10 E. 3. f. 28, 29. 27 Ass. pl. 8. Co. [...] Inst. f. 700. Co. 1 [...] 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 the8 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 [Page 88] Common Law; but either Ratio [...] Tenurae or Praescriptionis; and no [...] can be compelled to make new Bridge where never any were before, but [...] Act of Parliament. But if a Man [...] [...]olls Ca. 1 p. 368. a Mill for his own singular Profit, an [...] make a new Cut for the Water [...] come to it, and make a new Bridg [...] over it, and the People use to go over [...] as over a common Bridge; this Bridg [...] ought to be repaired by him whi [...] 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 whi [...] 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 damag [...] 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 War­rantCo. ibid. f. 703. of the Justices when it cannot b [...] [Page 89] 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 [Page 90] case are to inquire upon this Statute▪ But if the Franchise, City or Boroug [...] be a County of it-self, then the Ju­stices of the Peace of the County ha [...] nothing to do with it, but such de­cay of Bridges there must be remedi [...] according to Common Law, as they were before the making of this Act o [...] Parliament.

If a Man dwell in an House out o [...] Who shall be ac­counted [...]n Inha­bitant and liable to contribute to the charge of the Repairs of decay­ed Bridges. the County, Riding, City or Tow [...] Corporate where a decayed Bridge is yet if he have Lands or Tenements [...] his own possession and manurance is that County, Riding, City or Tow [...] Corporate where the Bridge is; he [...] an Inhabitant in both places within this Statute, for habitatio dicitur a [...] habendo, quia qui propriis manibus, & sumptibus possidet & habet, ibi habi­tare dicitur; So that a Man is said t [...] 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, a [...] aforesaid; And so if a Man dwell i [...] a Foregin Shire, Riding, City o [...] Town Corporate, and keepeth House and Servants in another Shire, Riding City or Town Corporate, he is a [...] Inhabitant in each of them also with­in this Statute; but though Servant [...] are properly Inhabitants where the [...] [Page 91] 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. 8How 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 [Page 92] Constables or Inhabitants without the Justices can make a Taxation, no [...] 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 [Page 93] 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. The24 H. 8. ch. 11. R [...] ­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 [Page 94] and neglects, as appears in the Statut [...] 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, Fee­tail, 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 [Page 95] Seal, as is shewed afterwards in this Chapter.

By the Statute of 32 H. 8. From32 H. 8. ch. 17. Pa­ [...] Rast. [...]t. at large printed 1▪ 5 87▪ [...] ▪ 816, 817. Keb. St. printed 168 [...]. f. 512. Algate to White-chappel and from Holburn-Bars to St. Giles, and Chan­ [...]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 Fee­simple, Fee-tail, for Life, or Years on both sides, and maintained in the same manner as is shewed above for Al­ [...]ate, &c. And several Clauses also in [...]his Act, about Presentments, For­feitures, [Page 96] &c. But now all Power in the Lord Mayor, Communalty, Ci­tizens, &c.

By the Statute of 13 Eliz. Th [...] 13 El. ch. 23. Pa­ving 6. Rast. Stat. at large printed 1587. [...]. 551, 552. Keb. Stat. printed 1684. f. 844. Way without Aldgate in the Subur [...] of London, and a Way leading from the Old-Cage to the North-end o [...] Nightingale-Lane, and another Wa [...] between the said Old-Cage and Cros [...]-Mill in the Parish of St. Mary Ma [...] ­fellon at White-Chappel, were to b [...] 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 Common­shore at the East-end of Hog-Lane, &c. but now all Power is in the Lor [...] Mayor, &c. Then an Addition w [...] made to this Stat. in 23 Eliz. touching23 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 i [...] shewed before hath now all the Powe [...] in such things.

[Page 97]By the Statute of 19 Car. Such19 Car. 2. ch. 3▪ sect. 20. Keb. Stat▪ printed 1684. [...] ▪ 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 [...]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 respective­ [...]y at their Meeting have power toMaking new Vaults, Drains and Sewers, &c. order the making of any new Vaults, Drains and Sewers, or to cut into any [...]lready made, and for the altering, in­ [...]rging and amending, cleansing and [...]owring of any old Vaults, Sinks or Common Sewers, for the better effect­ [...]ng whereof the said Persons, or any seven or more of them, at their Meet­ [...]ng, may impose any reasonable TaxTax how to be imposed and laid on. upon all Houses within the said City and Liberties thereof, in proportion [...]o the benefit they shall receive there­ [...]y, for and towards the new making, [...]ltering, &c. and in default of pay­ment, by Order and Warrant under [...]heir, or any seven of their Hands and Seals to levy the said Sun [...]s so assessed,Qu. what Offi [...] must take the di­stress, for here is none named. [...]y distress and sale of the Goods of [...]he Party chargeable therewith, and re­ [...]using or neglecting to pay the same, [Page 98] rendring the overplus (if any be,) and that all other Commissioners whatso­ever be altogether suspended to inte [...] middle in the Premisses within the sai [...] City and Liberties thereof, for th [...] space of seven years; but by the St [...] of 22 and 23 Car. 2. ch. 17. this Clau [...] is made perpetual, Keb. Stat. print [...] 1684. f. 1433. sect. 1, 2, 3.

The sole power of cleansing th [...] To whom the sole power for cleansing the Streets, Lanes, &c. and pitching and paving is given. Streets, Lanes and Passages within th [...] City of London and Liberties, an [...] pitching and paving, with the orde [...] and manner thereof, and for makin [...] and cleansing Drains and Sewers by th [...] Statute of 22 and 23 Car. 2. is de­clared22 & 23 Car. 2. ch. 17. Keb. Stat. printed 1684. f. [...]434. sect. 4, 5, 6. to be in the Major, Common [...] ­ty and Citizens of the said City, [...] be mannaged, executed and done [...] such persons as by the said Mayor, A [...] ­dermen and Commons in Comm [...] Council assembled, shall be thereup [...] authorized and appointed, or by a [...] seven or more of them (being [...] Members of the said Court) and [...] other persons whatsoever; And a [...] Paviers and Sca­vengers, &c. to observe the Com­missioners Orders. Paviers, Scavengers, Carters, Laboure [...] and Lighter-men that shall be imploy [...] about any of the said Works, are [...] observe and obey such Orders fro [...] time to time as the said Commissione [...] [Page 99] or any seven or more of them shall appoint; and the persons therein of­fending may be proceeded against, and thereof convicted by Indictment at the next Sessions of the Peace held for the said City and Liberties according to their Offence, unless they submit to the censure of such seven Commissio­ners or more, and pay such Mult or Penal [...]y as they shall impose for such Offence, into the Chamber of the City of London, to be imployed towards the Works mentioned in the said Act.

And for the better enabling thePower given to Co [...]missioners to raise a Tax or As­sessment, Keb. St. ibid. sect. 7. Mayor, Commonalty and Citizens to defray the Charge in effecting and performing the Works mentioned in the Act, the Commissioners or any seven or more of them at their pub­lick Meeting, have power to impose [...]ny reasonable Tax or Assessment up­on the several Wards and Precincts within the said City and Liberties, [...]nd to direct their Warrants to the several Deputies and Common Coun­ [...]il-Men of such Wards, to rate and [...]ssess the said Taxes and Assessments [...] manner following, and also to di­ [...]ect like Warrants to such, and so many of the Scavengers within the [Page 100] said Wards, as they shall think fit, thereby requiring them to collect and levy the Monies so assessed, upon re­ceipt whereof the said Deputies and Common Council-Men are to make an Assessment and Distribution of the pro­portion charged upon their Wards, as well upon the Tenants and Occu­piers of Houses, Shops, or other Te­nements or Hereditaments, as upon Owners or other interested of or in such Houses, Tofts of Ground un­built, and other Hereditaments, where­of there shall be no Person Occupier and a reasonable proportion to be as­sessed on the Parish whose Church-yard shall be fronting and adjoyning to an [...] of the Streets, Lanes or Passages [...] be paid by the Church-wardens there of in behalf of the Parish; and theDuplicates of the Assessments and Scavengers Names to be returned, Keb. St. ibid. sect. [...] ▪ Deputies and Common Council-Me [...] within twenty days after the receip [...] of their Warrant, are to return D [...] ­plicates in Writing of the Assessmen [...] with the Names of the Scavengers ap­pointed to collect the same; and i [...] default of assessing or returning D [...] ­plicates, the said Commissione [...]s [...] any seven of them may assess the sai [...] Wards (where such default shall be in manner as aforesaid, all which [...] [Page 101] to be rated and assessed in pursuance of the Act, are to be collected and levied by the Scavengers appointed to collect the same; and for default of payment by the space of six days after demand, they are to levy the same by distress and sale of Goods of the Parties refusing or neglecting to pay, rendring the overplus (if any be) be­sides reasonable Charges to the Parties so distrained; and the Scavengers areScavengers to pay the Assessments when collected into the Chamber of London, Keb. Stat. ibid. sect. 9. to pay all the Monies so to be col­lected into the Chamber of the City of London, and the Chamberlain is to keep Books of the receipt thereof, and no Mony to be paid out from thence, but by Order or Warrant un­der the Hands of the said Commissio­oners, or any seven of them, for the Uses in and by the Act appointed.

Where any Citizen is agrieved, orGrievances through defect of paving how to be redressed, Keb. St. ibid. sect. 10, 11, 13, 14. any Inhabitant, through the defect or decay of Pavements in any of the Streets, Lanes or Passages within the the said City or Liberties thereof, for want of due cleansing, and being made known to the said Commissi­oners, or any seven or more of them at their publick Meeting, upon due proof made that such Grievance is un­reformed, the persons complaining shall [Page 102] receive their Order for the redressing thereof, and a Warrant under their Hands and Seals to the Chamberlain to issue out Monies for defraying the Charge thereof, and a Sum of Mony not exceeding ten shillings for in­couragement of his or their D [...]ligence, and upon receipt of the Warrant the same is to be paid accordingly, and the Mayor, Aldermen and Com­monsLaystalls for lay­ing Dirt and Rubbish, &c. in, to be purchased. in Common Council assembled, may set out and purchase for the pub­lick Use of the City, in places con­venient; parcels of Ground for Lay­stalls to lay Dirt, Rubbith, &c. in, and places for publick Stores of Mate­rials and Commodities, the said pieces of Ground for the Uses aforefaid, to be purchased with the Monies raised out of the imposition upon Coals; and persons agrieved by reason of any Tax, Assessment or other Charge, within five days after demand there­of, to appeal to the Mayor and CourtAppeals to whom to be made in case of grievance. of Aldermen, whose Order in that behalf shall be final; and none that are liable to be taxed, rated or assessed by this Act, for or in respect of any Houses, Tofts, or other Hereditaments towards the publick Charge of alter­ing, inlarging, amending or cleansing [Page 103] of the said Vaults or Sewers, &c. shall be otherwise charged for or in respect of any Houses, Tofts, &c. shall2 W. & M. ch. be otherwise charged therewith; and if any Persons be sued or prosecuted for any thing done in pursuance of this Act in any Court whatsoever, they may plead the general Issue, and give the special Matter in Evidence, and if the Plaintiff or Prosecutor shall be Non­suited, or suffer Discontinuance, or a Verdict pass against him or her, the Defendant and Defendants shall reco­ver their treble Costs, for which they shall have like Remedy as in any Case where Costs by Law are given to the Defendants.

For the better cleansing and keep­ingThe Lord Mayor or any Alderman may present where Ashes, Soil, Dust or Rubbish is thrown or laid in the Streets, &c. the Streets, Lanes and Passages within the City of London and Li­berties thereof; it is enacted by the Statute of the second Year of their Majesties Reigns, King William and Queen Mary, That the same shall be ordered and mannaged, and Rates and Impositions laid and levied, and all other ways and means therefore used and observed, according to the ancient Usage and Custom of the said City, and that the Lord Mayor for the time being, or any Alderman of the said [Page 104] City for the time being, upon his own proper Knowledge or View in the open General Sessions may make presentment of the throwing our, [...] laying or suffering any Ashes. Soil Dust or Rubbish, or other Nusance [...] Obstruction in any the Streets, Lanes or Passages of the said City or Liber­ties thereof, which Presentment shall be good and effectual, and the Lord Mayor and Justices of the same City are immediately at the same General Sessions to assess Fines for such Of­fences, not exceeding twenty shillings for any one Offence, which said Fines shall be levied and paid unto the Chamberlain of the City of London for the time being, for the use of the same City, to be employed in the pub­lick Payments of the same City.

All Persons inhabiting in the Out-ParishesInhabitants in Out-Parishes in Middlesex, Liber­ties of Westmin­ster and South­wark, to sweep be­fore their Houses, &c. twice in the Week. in Middlesex, Westminster, and the Liberties thereof, and the Bo­rough of Southwark, or in any the Streets, Lanes or Allies comprised with­in the Weekly Bills of Mortality, and the Town of Kensington, by the Sta­tute of the second Year of their Ma­jesties Reign King William and Queen Mary, must twice in the Week, viz., Wednesdays and Saturdays at the least, [Page 105] weekly sweep the Dirt and Soil away before their Houses, Buildings and Walls, and Walls of Churches and other publick Places, that it may be ready for the Scavenger to carry away, on pain of three shillings and four pence for every Offence or Neglect; andNone to throw any Ashes, Dust, Dirt, &c. before their own Houses or the Houses of any others, &c. none are to throw, cast or lay any Sea-Coal-Ashes, Dust, Dirt, Rubbish, Dung, or other Filth or Annoyance in any open Street, Lane or Alley within the said City or Places aforesaid, before their own Dwelling-houses, Stables, Buildings or Walls, or the Buildings or Walls of Churches or Church-yards, or other publick Places, or suffer it to be done on the penalty of five shillings; and none shall lay any Ashes, Dirt or Soil before the Houses or Buildings of any Persons Inhabitants of the Places aforesaid, or before any Church or Church-yard, or any of their Majesties Buildings, Palaces or Places whatso­ [...]ver, or cast, lay or throw any suchNo Annoyances to be cast into publick or pri­vate Sinks, &c. Annoyances into any publick or pri­ [...]ate Sink, or into any Water-course, [...] Common-Sewer, within the Places [...]foresaid, but shall keep the same in [...]heir Houses, Yards or Backsides, or [...]he Yards or Backsides of Churches, [...]nd other publick Buildings, till the [Page 106] Scavengers or Officers come, and the [...] to carry, or cause the same to be car­ried to them, or put into their Car [...] Barrow or other Thing, on pain [...] forfeit twenty shillings for every O [...] ­fence; and the respective Church-wardens,Church-wardens, House keepers, &c. punishable for suffering Annoy­ances before Churches, their Majesties Build­ings, &c. and the House-keepers and other Keepers of White-Hall, Somer­set-House, St. James-House, and St. James Park, and the Guard-House and Stables near it, and other the [...] Majesties Houses; and the Ushers, Pe­ters and Keepers of Courts of J [...] stice, and all other Publick or other Houses and Places respectively, shall be liable to, and suffer the like Penaltie [...] for every the before-mentioned O [...] fences or Neglects done, committe [...] or suffered to be done before [...] Church or Church-yard, or before [...] of their Majesties Houses, Buildings [...] Walls, or before any Houses, Building [...] or Walls, or before any publick Buil [...] ings, Houses or Places whatsoever and the Rakers, Scavengers and oth [...] Scavengers every day to bring their Carts, &c. Officers thereunto appointed, sha [...] every day in the Week (except S [...] days and other Holy-days) bring th [...] Carts and other Carriages into th [...] several Charges and Divisions wh [...] they can pass, and give notice at [Page 107] their approach by a Bell, &c. [...]nd so in every Court, Alley, &c. [...]here their Carts cannot pass, and [...]ay there a convenient time, so that [...]ll Persons concerned may bring forth [...]eir Dust, Dirt, Ashes, Filth and [...]oil, to the Carts and Carriages so [...]aying, and the Scavengers, &c. are [...]ayly to carry away the same on pain [...] forfeit forty shillings for every Of­ [...]ence or Neglect.

None shall hoop, wash or cleanseNone to hoop, wash or cleanse Pipes or Barrels in the Streets. [...]ny Pipes, Barrels or other Casks or [...]essels in any the Streets, Lanes or [...]pen Passages aforesaid, nor shall set [...] any Dung, Soil, Rubbish or empty [...]oaches to make or mend, or rough [...]imber or Stones to be swan, or [...]rought in the Streets, on penalty of [...]wenty shillings for every Offence; [...]nd all open Streets, Lanes and AlliesStreets already paved by whom to be maintained, and under what penalty. [...]ithin the Parishes or Places aforesaid, [...]ow ready paved, are from time to [...]me to be repaired, amended and [...]aved at the Charges of the House­ [...]olders, Inhabitants there, and where [...]ouses are empty at the Charges of [...]he Owners or Proprietors thereof, [...]efore their Houses, Stables or Out­ [...]ouses, so far as their Housing, Walls a Buildings extend, unto the Denter­stone [Page 108] or Channel, or middle of [...] said Street, Lane or Alley, on pain [...] forfeit for every default twenty shilling for every Perch or Rod, and aft [...] that Rate for a greater or lesser qu [...] ­tity, and twenty shillings a Week [...] every Week after, until the same sha [...] be sufficiently paved; and any one [...] more Justices of the Peace of th [...] Place or Division where any ne [...] New Streets how, and by what Or­der to be paved and repaired, and under what Pe­nalty. Streets are or shall be made, may fre [...] time to time view the same; and [...] upon such view they think them [...] to be paved, or otherwise amended then to certifie the same under the [...] Hands to the Justices of the Peace [...] the next respective General Quart [...] Sessions of the Peace for the [...] where such Streets are, or shall be made, who are to take such Orde [...] therein for paving or amending as the think fit, and all the Persons conce [...] ­ed, by the time limited by the Orde [...] of such Justices at the Sessions, are [...] pave with Stone or Gravel, or other­wise amend all the Ground that do [...] or shall lie in front before every Dw [...] ­ling-House, or other Buildings in [...] Streets and Ways extending to [...] middle of the Way that doth or [...] lie before the same; and every Pers [...] [Page 109] offending or neglecting shall forfeit [...]rty shillings for every such Offence or [...]efault, for every Perch, and after [...]at rate for a greater or lesser quan­ [...]ty, and the like Sum for every Week [...]ll the same be paved or amended, and [...]paired, and when paved and amend­ [...]d, the Sum as those aforeshewed that [...]all not pave and repair open Streets, [...]anes and Allies now paved; andAncient Streets, Lanes and Allies to be repaired as formerly. [...]ch ancient Streets, Lanes and Allies within any of the places aforesaid, as by Custom and Use have been repaired [...]nd paved by any other order, or in [...]ny other manner shall be hereafter re­ [...]aired, paved and maintained in such [...]rt and manner, and by such Persons [...] have been used to do the same, un­ [...]er the Penalties aforesaid.

On Monday or Tuesday in Easter-Week,Scavengers how and when to be chosen, and what penalty for re­fusing the Office. yearly, the Constable▪ Church­wardens, Overseers of the Poor, and Surveyors of the High-ways of the places aforesaid, or the greater num­ber of them calling together such an­ [...]ient Inhabitants as are usually present [...]t the Election of Parish Officers, the greater number of them then pre­ [...]ent, shall make choice of, and nomi­ [...]ate and appoint two or more able Tradesmen of their Parish to be Sca­vengers [Page 110] for their Parish for the Yea [...] following, and till others be chosen an [...] setled in their Places, which Persons be­ing approved of and confirmed unde [...] the Hands of two Justices of the Pea [...] within their respective Limits, an [...] within seven days after notice of s [...] Election and Confirmation, to ta [...] the Office upon them upon pain [...] ten pounds forfeiture for every Refuse respectively; and in case of refus [...] then other two are to be chosen an [...] confirmed in manner aforesaid, withi [...] seven days after such refusal, in the place of him or them so refusing and having notice shall undergo th [...] like pain of ten pounds, in case of re­fusal and not taking the Office upo [...] him or them, within seven days after notice as aforesaid, the said Penalties to be paid to the Surveyors of the High-ways of the place, to be im­ployed towards the amending the High-ways and Streets of the sa [...] Parish, Ward or Division, and to beHow and by whom the Penal­ties are to be le­vied▪ levied by distress and sale of the Goods and Chattels of the Offenders, by Warrant under the Hand and Seal [...] any one Justice of the Peace of any the places aforesaid, to be directed t [...] the Constables or other Officers of the [Page 111] said Parish, or any two or more of [...]hem, rendring the overplus to the Parties (reasonable charges for the di­stress only to be deducted,) and for want of distress or non-payment with­in six days or demand, or notice left [...] writing at the House or Dwelling­place of the Offender, by the said Constables or Officers, the said Offen­der to be committed to the Common Gaol of the County, City or Place respectively, by the Warrant of any such Justice of the Peace, under his Hand and Seal, there to remain with­out Bail or Mainprise till payment be made as aforesaid; and so in like man­ [...]er for every Person or Persons neg­ [...]ecting or refusing the same, and with­ [...]nWithin what time Rates are to be made, and by whom. twenty days after the election and confirmation of the said Scavengers [...]s aforesaid, the Constables and such other Officers and Parishioners as afore­said, or the greater number of them [...]hen present, shall make a Rate or Assessment according to pound Rate, [...]pon the Inhabitants of their Parish, which being allowed and confirmed [...]y two Justices of the Peace of the [...]laces aforesaid, shall be quarterly paid [...]y every Inhabitant upon demand [...]ade by the Scavengers or Officers ap­pointed [Page 112] to gather the same, and i [...] case of refusal or neglect, shall b [...] Warrant under the Hands and Se [...] of two such Justices of the Peace [...] aforesaid, be levied by distress and sa [...] of the Offenders Goods, and for wa [...] of distress by imprisonment (being no Peer of the Realm) until payment as aforesaid.

And such Sums of Mony as sh [...] The Scavengers to account for the monies re­ceived by them. be yearly assessed and collected, shal [...] be yearly accounted for by the Sca­vengers for the time being, whic [...] collected the same, to two or mo [...] of the Justices of Peace of the plac [...] residing in or near to the respectiv [...] places, for which such Scavengers were appointed within eight and twenty days after the electing of new Sca­vengers for the ensuing Year, and [...] pay to the new Scavengers what re­mains in their Hands; and any such two Justices of the Peace as aforesaid upon refusal to account, may comit [...] the Refuser to prison, there to remai [...] without Bail or Mainprise till he a [...] ­count and pay what remains upo [...] Account; and the Scavengers ma [...] Scavengers to lodge their Dirt in such publick places as the Justices of Peace shall approve of. lodge their Dirt, Dust, Ashes, &c. i [...] such vacant and publick places near the Street or High-ways, as two or mo [...] [Page 113] of the Justices of the Peace in their [...]etty Sessions shall approve of, they [...]iving satisfaction to the Owners and Occupiers thereof, and in case of un­ [...]easonable demands, such Justices of the Peace in their Petty Sessions may moderate and determine it; and such persons as are agrieved with any As­ [...]essment or Determination of the Ju­ [...]tices of Peace in their Petty Sessions, may appeal to the Justices of the Peace [...]t their General Quarter-Sessions of the Peace for that place, whose Order and Determination upon hearing the Complaints, shall be final without far­ther appeal to any other Court; and where there are any High-waysAssessments wh [...] and how to be made. within the said Parishes, which cannot be amended without help of an Assess­ment, then one or more Assessments shall be made from time to time upon all the Inhabitants, Owners and Oc­cupiers of Lands, Houses and Tene­ments, or any personal Estate there, usually ratable to the Poor, to be al­lowed, levied and collected by such person and persons as the said Justices of the Peace at such their General Quarter-Sessions shall direct and ap­point; and the Mony raised to be em­ployed and accounted for towards the [Page 114] repairing such High-ways from time to time as the said Justices shall order, to be levied by distress and sale of the Goods of the perions so assessed, (n [...] paying the same within fourteen days after demand) rendring the overplus to the Owner, necessary Charges of making and selling the distress, being first deducted, which Assessments in any one year are not to exceed four pence in the pound of the yearly value of Lands, &c. nor eight pence for every twenty pounds personal Estate.

All Sinks, Sewers and Vaults madeSinks, Sewers and Vaults to be within the Com­mi [...]ion of Sewers. since the twelfth Year of King Charles the Second, within the City and Li­berties of Westminster, and Parishes aforesaid, are to be subject to the Com­mission of Sewers; and the Commis­sioners of Sewers within the Liberties of their respective Commissions, may after amend, cleanse and scour any new Sewers, Sinks and Vaults, and direct the making of new ones, or may cut into any already made, and alter and take away any Nusances in the same, and alter or take away any cross Gutter or Channels in all or any of the Streets and Lanes in the ParishesHoushold [...] to h [...]ng out Candle [...] at Night. aforesaid; and all Housholders in the Counties of Middlesex and Surry, [Page 115] and City and Liberty of Westminster comprised within the Weekly Bills of Mortality, whose Houses adjoyn unto or are near the Street, shall on the out-side of their Houses next the Street every Night from Michaelmas to Lady­day, 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; [...] and every Truss of oldHow much Truss [...]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 [Page 116] 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 [Page 117] the said Streets or Places, or otherwise to the relief of the Poor aforesaid; all the said Penalties to be levied byPenalties 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 everyThe 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 [Page 118] 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 Pro­prieto [...]s [...]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 second3 & 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 narrowe [...] 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.

[Page 119]No person or persons whatsoever byNone to breed, seed or keep Swine. his Statute of the second Year of their Majesties Reigns, shall breed, seed or [...]eep any sort or manner of Swine in [...]ny pa [...]t of the Houses or Backsides of [...]he paved Streets of the said Cities, Borough or Parishes, where the Houses [...] contiguous, upon pain to forfeit [...]he same to the Church-wardens and Overseers of the Poor of the Parish where such Swine shall be kept, bred [...]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 [Page 120] the Church-wardens and Oversee [...] shall think fit, and if any shall be suedPersons sued may plead general Is­sue, and give spe­cial Matter in Evidence. in any Court for any thing done i [...] pursuance of, or execution of this Act▪ they may plead the General Issue, a [...] 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 so much of the Statutes of 15 Car. 2. chap. 1. and 16 and 17 Car. 2. chap. 10. as concerns the repairing the ancient High-way, and Post-Road from London to York, and so into Scot­land, as lies in the several Parishes, Towns, Vills and Hamlets in the County of Hertford; and now re­vived by the Statute of the fourth and fifth Years of their present Ma­jesties Reigns.

BY the Statute of 15 Car. 2. chap. 1.Justices of Peace at the S [...]ssion [...] to choose nine Sur­ [...]yor [...], K [...]b. St [...]. f. 1256 sect. 1. It is (amongst other things) en­acted, That the Justices of Peace for the County of Hertford, every Year at the S [...]ssions to be holden after Easter, shall from time to time nominate and appoint nine sufficient and able P [...]r­sons residing and inhabiting within the said County, to be Surveyors for [...]o much of the said High-way, as liesUpon notice [...] ­v [...]n them in writ­ing, they are to t [...]ke the Offic [...] upon them, Keb. St. printed 168 [...]. f. ibid. sect. ibid. in the several Towns and Parishes of the said County, and the said Ju­stices of Peace are to cause notice in Writing to be given to the said Sur­veyors [Page 122] so chosen, who (having [...] lawful impediment to be allowed by the Justices by whom they were chosen) are to take the Office upon them, and perform their Duty in the speedy execution of the said Act, and upon refusal or neglect, the said JusticesWhat forfeiture for refusing or neglecting the Office, Keb. stat. f. 1258. sect. 8. at their Quarter-Sessions, may impose such Fine upon such Person so refusing or neglecting as they think sit, not ex­ceeding ten pounds, and may cause the same to be levi [...]d by distress and sale of his or their Goods, rendring to the party so distrained the overplus, ifThe Surveyors to meet at a conveni­ent place to con­sider of Repairs and providing Materials, Keb. St. printed 1684. f. 1256. sect. 1. any shall be; and such as take the Office upon them, are within a Week after notice given them as aforesaid, to meet and assemble themselves to­gether in some convenient place with­in the County to be appointed by the Justices of the County at their Quar­ter-Sessions, to the intent that they may view the said High-ways, and to consider what Reparations will be needful; and to provide Stones, Gravel and other Materials and Necessaries to be used in the repair and amend­ing the said High-way at the places aforesaid; and three or more of themThe Surveyors to appoint a Colle­ctor of Toll, Keb. Stat. ibid. sect. 1. being so assembled after notice given as aforesaid, are▪ to appoint a Receiver [Page 123] Collector of Toll, and such Officers they find necessary for carrying on [...]e said Work (with moderate Al­ [...]wances as shall be thought fit) to be [...]proved of by any two or more Ju­ [...]ices of the Peace of the County living [...]ear to the said High-way or Place foresaid, or otherwise to be removed, [...]nd other fit persons to be chosen in [...]heir places by the said Justices of the Peace; and such fit person or personsThe Collector to take Toll, and for what things, and how much, Keb. St. ibid. f. 1259. sect. 11. [...]ppointed by the Surveyors with such [...]onsent and approbation as aforesaid, shall receive and collect the Toll at Wades Mill in the said County, and [...]o receive and take in the Name of Toll or Custom, for every Horse one peny, for every Coach six pence, for every Waggon one shilling, for every Carr eight pence, for every score of Sheep or Lambs an half peny, and so proportionably for greater numbers, for every score of Oxen or Neat Cat­tel five pence, for every score of Hogs two pence, and so proportionably for every greater or lesser number, not being under five, and upon refual or neglect to pay upon demand made by the Collector or Receiver appointed to receive the same, in such case he may distrain and detain such Horse, [Page 124] Cart, Coach, Waggon, Oxen Cattel aforementioned, or any of the till payment thereof, with such D [...] ­mages as the party so distraining sh [...] sustain by keeping such distress; b [...] Toll not to be paid twice on one day for the same things, Keb. Stat. printed 1684. f. 1259. sect. 11. if any return the same day with [...] same Horse, Coach, Waggon, or [...] Carriage, or with Cattel, they [...] not to pay a second time for the [...] things that same day, and every pe [...] ­sonWhat Persons, & from what places, & for what things to pay no Toll, Keb. Stat. ibid. sect. 14. or persons coming immediate [...] and primarily to and from the seve [...] Parishes of Standen, Thundridge, [...] and Benges, adjacent to Wades [...] may carry any quantities of Stone [...] Sand, Lime or Gravel, Dung, [...] or Compost of what nature or kin [...] soever, Brick, Chalk or Wood, an [...] that they and all Carts with Hay [...] Corn in Straw at Hay-time or Harvest Plows, Harrows, and other Imple­ments of Husbandry, and all other things whatsoever, employed in the husbanding, stocking and manu [...]ing of their Lands, shall pass to and [...] through the said place without paying any Toll for their so passing through the same; and Souldiers upon theirSoldiers on their March, & Posters to pay no Toll, Keb. St. ib. sect. 17. March, and persons riding Post, ar [...] to pay no Toll; the Collector [...] Receiver of the Toll is to give [...] [Page 125] account of such Monies as he receives,Receiver of the Toll to give an account to the Collectors, Keb. Stat. ibid. f. 1257. sect. 4, 5. often as the Surveyors or any three them shall appoint, and pay the [...] to them, or unto such [...] as they shall appoint, to be paidBut this Clause is altered by Stat. 16 & 17 Car. 2. ch 10 [...]t and expended in the Repairs of [...] Places aforesaid, and not elsewhere; [...] the Surveyors every Year at theSurveyors to ac­count to the Ju­stices at Easter Quarter-Sessions, Keb. Stat. printed 1684. f. 1257. sect. sect. 5. [...]arter-Sessions to be held for the [...]ounty next after Easter, shall give [...] account in Writing under their [...]ands to the Justices of Peace there [...] be assembled, of the Mony which [...] or any of them have received [...] the Collector or Receiver of [...] Toll, and of their Disbursments [...]out the Repairs aforesaid, or by [...] of their Offices, and to pay [...] overplus (if any be in their Hands) [...] the Surveyors to be chosen for the [...] ensuing, or to the Treasurer or [...]eceiver by them to be appointed, [...]nd the Justices are to make such al­ [...]wance to the Surveyors out of the [...]enefit of the Toll or their Care and [...]ains taken in the Office as they think [...]t; and in case of non-payment by [...]he Collector or Receiver of the Toll, [...]pon request made as aforesaid, or [...]hat the Surveyors or any of them, [...]hall not make such account or pay­ment [Page 126] as aforesaid, the Justices at the Quarter-Sessions of the Peace to b [...] held for the County, may make enquiry as well by Confession of th [...] Parties, as by Testimony of two [...] more Witnesses upon Oath, and i [...] case of default in any of those Office [...] to be adjudged by the said Justice [...] the party or parties so convict, are [...] be committed to the Common Ga [...] of the County, there to remain without Bail or Mainprize till account b [...] made, and payment as aforesaid.

The Surveyors or any three or mo [...] Surveyors to charge Teams and Labourers, Keb. Stat. ibid. f. 1256. sect. 2. of them from time to time, as the [...] shall see cause, may appoint and r [...] quire all Persons inhabiting in th [...] County within three miles of th [...] places aforesaid, who by any Law [...] Statute in force, is or are chargeabl [...] to labour at the High-ways, or t [...] find any Wain or Cart for the amending thereof, upon reasonable notice t [...] send his or their Wain or Cart [...] Team, or to come to labour in th [...] said High-way, at any of the place aforesaid, so furnished as the Law direct for amending other High-ways, whe [...] and as often as the said Surveyors [...] any three or more of them shall [...]hi [...] needful and appoint, for which the [...] [Page 127] shall pay them according to the rate [...]f the Country, upon pain to forfeit [...]n shillings for every Team every day making default, and every Labourer [...]ighteen pence; but none are to send [...]heir Team, Cart or Waggon for [...]mending the said Way, or to go and [...]abour therein, above three miles from [...]eir Dwelling-houses, nor above three [...]ys in one Week, nor in Seed-time, [...]ay or Corn-Harvest; and any two [...]r more Justices of the Peace of the County are to determine all Differences [...]out the Hire of such Persons and seams, Carts and Waggons, and the [...]stices determination in such cases toIn what places the [...]urveyors, may dig for Gra­vel, &c. Keb. Stat. ibid. f. 1257. sect. 3▪ [...]e conclusive; and where there is not [...]ufficient Gravel, Chalk, Sand or [...]tones within any Parish, Town or [...]illage, or Hamlet wherein the said [...]igh-way lies, then three or more of [...]he Surveyors or such Persons as they [...]ppoint, may dig, take and carry [...]way such quantities of such Materials [...]ut of the Waste or Common of any [...]eighbouring Parish, Town, Village [...] Hamlet as they think necessary for [...]he repairing of the said Way, with­ [...]ut paying any thing for the same; [...]d when there is not sufficient in such [...]ces, then they may dig in the several [Page 128] Grounds of any Persons where such Materials are to be found, not being an [...] House, Garden, Orchard, Yard or Par [...] stored with Deer within any Parish char­gable towards the Repairs of the sai [...] High-way, and carry away from tim [...] 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 Just [...]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 consen [...] Surveyor▪ m [...]y engage th [...] Toll for present Mony Keb. Stat. f. 1258. sect. 6. of the Justices of the Peace at an [...] 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 [Page 129] that shall and will upon that Security advance any present Sum or Sums of Mony towards the present [...]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 [...]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 advancedRepayment 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 [...]aw are chargeable towards the re­pairing of the said High-way and Places, shall still remain so chargeable notwithstanding this Act of Parlia­ment.

[Page 130]All Fines and Forfeitures incurredFines 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 inIn 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 uponActions 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 [Page 131] 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 and16 & 17 Car. 2. ch. 10. Toll at Wades Mill con­tinued for 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 theWay 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 [Page 132] (having an equal care on both High-ways) as they shall find needful, and the Collector of the Toll upon OathCollectors 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 theAll 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 rep [...]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 [Page 133] 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, [...]s to such part thereof as lies within [Page 134] 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-waysU [...]on adjudicati­on of [...]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 Tol [...] 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 [Page 135] 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, pay­ [...]ng, ingaging or accounting for the [...]id Toll at Wades Mill be by virtue [...]f the said Act renewed and put in execution again during the continu­ [...]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, Sur [...]ey and Kent.

ANY Person within the Welds15 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. D [...] 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 M [...]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 [Page 137] new Way, shall have the Soil of the old Way in severalty to him and his Heirs in recompence of the said new Way; and within three months after the setting out of any such new Way, the said two Justices and twelve Men are to certifie into the Chancery un­der their Seals, the length and breadth of the said new Way or Street, and of other things adjoyning and concerning the same; but such assignment of a new Way, and seising the Soil of the old Way in severalty, shall not debar any Person or Persons, or Body Poli­tick of their Church-way, or Way to their Lands as formerly they had, at such convenient places through the old Way or Street as shall be assign­ed by the said two Justices of Peace and other twelve Men, and by them certified into the Chancery in form as aforesaid.

Kings Ferry in the Isle of Sheppy 18 El. ch. 10. Stat at large printed 1587. f. 610, 611. High-ways 12. in the County of Kent, and the Ways leading to the same, to be maintainedRast Keb. Stat. f. 860. sect. 10, 11. by an Assessment and Tax to be laid on every Year by the Jury impannel­led and sworn at the Court or Law­day to be held at Kingsborow within the said Isle, the Monday next after the Feast of Pentecost upon them­selves, [Page 138] and all other the Inhabitants and Land Occupiers of the said Isle, an Acre of Fresh-marsh and Upland not to be taxed above one peny in the year, and ten Acres of Salt-marsh one peny; and all other Profits given for the maintenance of the said Ferry, are to be levied, recovered and re­ceived by the Ferry-Warden, and the Assessments to be distrained for and levied upon the Estreats of the Steward of the Court as other Amerciaments are used to be, and to be bestowed by the Ferry-Warden upon the repair­ing and amending the said Ferry and Ways, and he to give account to theFerry-Warden to give account of Monles received, &c. Steward and Homage the next Law­day following, and to pay in the Arrears in his Hands to the next Ferry-War­den on pain to forfeit double of such Arrears to be levied as other pains in the Court be, and imployed to the maintenance of the said Ferry; and three Justices of the Peace (one to be of the Quorum) next inhabiting to the Town of Middleton in the Coun­ty of Kent may assess all Land Oc­cupiers dwelling out of the Isle of Sheppy, and within four miles distant from the Ferry, not exceeding in one year the Rates above mentioned for [Page 139] fresh and salt Marsh, and to appoint [...] Collector or Collectors for the same, who are to imploy the same upon the High-ways leading from Middleton to the said Ferry, and to give ac­count thereof yearly to the said Ju­stices.

Then by the Statute of 27 Eliz. 27 El. ch 26. Stat. at large printed 1587. f. 723, 724. High-ways 7. Rast. Keb. Stat. f. 890. Six, five, four or three Justices of the Peace inhabiting within eight miles of Middleton in the County of Kent, may lay a Tax upon the Grounds ly­ing without the Isle of Sheppy, and within four miles distant from Kings Ferry there, and raise such Assessments towards the High-way leading from Middleton to Kings Ferry, as to them shall seem reasonable, though the Owners or Occupiers of the said Grounds be dwelling without the compass of four miles, so as every Year one Acre of Fresh-marsh be not charged above one peny, nor ten Acres of Salt-marsh not above one peny, notwithstanding the other Sta­tute.

The Justices of Peace within the27 El. ch. 24. Stat. at large printed 1587 f. 722. High-ways 4. Rast. Keb. St. f. 890 sect. 2, 3. County of Norfolk may yearly at any General Sessions held for the said County, appoint so many of the pub­lick Day-works as are set out for [Page 140] amending the High-ways as they think are superfluous for that Work, and imploy them for and towards the making and amending the Sea Banks or Sea Works there, which shall needfully require any such amend­ment; and every Person so appointed (and chargeable to the amendment of the High-ways within three miles of the said Sea Banks or Sea Works) shall yearly upon reasonable warning given during so many days as shall be appointed in the Sessions in respect of his or their Labour and Carriages stand and be charged towards the amendment of the said Banks or Works, as by the Statutes of 2 and 3 P. and M. chap. 8. 5 Eliz. chap. 13. and 18 Eliz. chap. 10. they stand charged for the amendment of any High-ways, under the like pains and forfeitures contained in those Statutes for their not performance; and theJustices to ap­point Surveyors. said Justices at their said Sessions to appoint the High-Constables of every Hundred chargable towards the amend­ing the said Banks or Works to be Sur­veyors thereof, who are to take the Office upon them under the like Pe­nalties contained in the said Acts against Surveyors of the High-ways refusing [Page 141] to take the Office upon them; and the Persons imployed towards amending of the Sea Banks or Sea Works aforesaid, to [...] discharged for so many days towards the amending of the High-ways as they are imployed in the other Work; [...] all Penalties and Forfeitures to be [...] in manner and form as in the Statutes aforesaid are limited and ap­pointed.

Occupiers of Iron-Works as Owners39 El. ch. 19. Dalt. J. P. printed 1667. f. 107, 108. Keb. St. printed 1674. f. 630. sect. 3, 4, 5. Lamb. Eirenarcha P. 305 & 475. [...] Farmers for Life, Years or at Will, [...] any Coals, Mine or Iron to [...] for any their Iron-Works in any Year between the twelfth day of October and first day of May, for every [...] Wain or Cart Loads of Coal [...] Mine, and every Tun of Iron [...] within the said time by the space of one mile in any High-ways within [...] Wields of Sussex, Surry, Kent, or [...] of them, shall pay three shillings to [...] next Justice of Peace dwelling near [...] places in the said County where the High-ways shall be most annoyed, or [...] his Assigns, and upon default of pay­mentDistress to be made for defaults to be levied by the said Justice or his Assigns, by distress of the parties goods within the County that should have [...] same; and for every thirty Loads [...] Coal and Mine, or either of them, [Page 142] and every ten Tuns of Iron to b [...] carried by such Persons between th [...] first day of May and twelfth day o [...] October in any Year, one Load o [...] Cinder, Gravel, Stone or [...] to be by them laid in such pla [...] where the High-ways within the Li­mits aforesaid shall be most annoyed as any Justice of the Peace of any o [...] Justice of Peace to assign places where Cinders, &c▪ are to be laid. the said Counties dwelling near th [...] same, shall appoint, or else to pay [...] the said Justice or his Assign thre [...] shillings within eight days after de­mand made at such Iron-Work, t [...] or from which any Carriage shall b [...] for and in allowance of every Ca [...] Load so to have been carried and lai [...] as aforesaid, to be levied by [...] after default of payment upon de­mand; and if such Justice of the Pea [...] do not within forty days yearly afte [...] the first day of May appoint [...] the said Cinder, Gravel, &c. shall b [...] laid, or where the Mony due or pai [...] for the same shall be bestowed, th [...] the same shall be laid where the Su [...] ­veyors of the High-ways within [...] Surveyors in de­fault of the Ju­stice of Peace to assign Places. Parish so annoyed shall appoint, or [...] default thereof pay to them thr [...] shillings for every such Load due an [...] uncarried in manner and form [...], [Page 143] on pain of ten shillings for every Load of Cinder, &c. not carried and [...] in the High-ways, or the three [...] unpaid as aforesaid, to be paid by such Person as ought to have [...] and laid the same, or to have [...] as aforesaid, after Conviction and Presentment thereof had before the [...] of Oyer and Terminer or Ju­stices of the Peace in any of their open [...], to be levied by distress by anyDistresses by whom to be taken. Constable, Tythingman, Headborough [...] other Officer thereunto assigned [...] Warrant made in open Sessions by [...] Clerk of the Peace of the County [...] the Offence is committed, or [...] any two Justices of the Peace (one [...] be of the Quorum) which were [...] at the Sessions upon the [...], and to be bestowed upon the [...] of the High-ways at and by [...] discretion of any such Justices of [...] Peace living next the places most [...] by the said Carriages; and no distress can be found, or the [...] be not paid by the Offender [...] twenty days after demand [...] by the said Officer appointed, [...] then upon such denial and [...] within twenty days as [...], to forfeit double the Sum he [Page 144] should have paid, to be levied by such ways as any two Justices of the Peace of the same County where the Of­fence shall be committed (one to be of the Quorum) shall be thought mostPenalties how to be bestowed. meet, the same to be likewise im­ployed upon the amendment of the High-ways; and upon default of the Justices assigning where the Cinders, &c. are to be laid, or the forfeiture of Monies to be bestowed, then the Surveyors of the High-ways within those Parishes where the greatest An­noyance shall be within twenty days after such default shall assign the place on pain of forty shillings for every de­fault, and they are also upon like pain to make demand of the Forfeitures to be paid in default of Carriages, accord­ing to the Limitation of the Act, and to make presentment of every such de­fault of carriage or payment at the next General Quarter-Sessions to be holden for the said County where such defaults shall be, upon pain also of fort [...] shillings, one moiety to their Majesties and the other to the Informer that wi [...] sue for the same in any their Majestie [...] Courts of Record.

CHAP. XV. The Heads of the Statutes made for paving, repairing and maintain­ing the Streets and Lanes in Cam­bridge, Ipswich and Chichester.

BY the Statute of 35 H. 8. Bridge-Street,35 H. 8. chap. 15 Cambridge R [...]st. 2 St. at large print­ed 1587. f. 998, 999, 1000. Keb. St f. 601. Highward-Street, the Mar­ket-place, and all other common Streets and Lanes in Cambridge, that then were or had been paved, were to be sufficiently paved before Lammas following, by Persons holding any Houses, Lands, Tenements, Gardens, Yards, Orchards, Barns, Stables, Cot­tages, Curtilages or other Grounds or Soils there, in Fee-simple, Fee-tail, Frankalmoign, by Divine-Service, Term of Life or Years, &c. in length as far as their Premises reach to the midst of the Street, on pain of twelve pence for every Yard square not paved with­inWhich was Lam­mas 1545. the time, and six pence every Yard not kept in repair; and Jesus-Lane, Blacksriers-Lane, with the Ways lead­ing to Barnwell, and so through the Town to Sturbridge, Harlestone-Lane, St. Giles-Lane, and the Lane leading from St. Johns to the Water­side, [Page 146] and all other common Back-Lanes not then paved, nor had been paved, to be repaired and amended with Gravel and other things by such Owners and Possessors as aforesaid, be­fore the said time, on pain of two shillings for every Pole not repaired, and twelve pence for every Pole not kept in repair afterwards; The Chan­cellor,Enquiry of De­faults to be made twice in the year. Vice-Chancellor or Deputy, and Mayor and Bailiffs or Deputy, with such four Assistants as they think fit, two of the University and two of the Town, twice in the Year, at Easter and Michaelmas, or within a month after to make enquiry by the Oaths of twelve Men, as well of Scholars Servants as Inhabitants of the Town, of all Defaults, and to set Fines at discretion, those set on theFines set and im­posed, how to be [...] and dispo­sed of. Scholars, or Scholars Servants, to be gathered by the Bedel for the use of the University, and those set on other Persons to be levied and gathered by the Chamberlain of the Town, or such Officer as the Mayor shall appoint to be imployed to the use of the Town; and the Chancellor, Vice-Chancellor and Mayor, and other Of­ficers aforesaid, neglecting their Duty therein, or delaying or for bearing for [Page 147] Favour or Reward by the space of six Weeks after any one of the said Feasts to forfeit five pounds, half to the King, and half to the Informer, that will sue for it in any of the Kings Courts; and Paviers not to take above one peny farthing for every Yard square paving, or six pence a day and find himself, on pain to incur the Penalties comprised in the Statute of Winchester made for Artificers and Labourers; Lessees that lay out Monies for paving or repairing as aforesaid, to defalk so much out of their Rents, unless it be otherwise agreed.

The Streets of Ipswich in the13 Eliz. chap. 24. Ipswich 1. Rast. St. at large print­ed 1587. f. 552, 553. Keb. Stat. f. 844. County of Suffolk, and Suburbs there­of (by the Statute of 13 Eliz.) were to be paved with good paving Stone; and for ever repaired by the Owners, Land-Lords or Ter-Tenants of Houses, Lands or Tenements within the same Town in Fee-simple, Fee-tail, or for Life or Years, along, from and against their Houses, Lands and Tenements adjoyning to the Street, viz. So much of the said Street in length as his House, Lands and Tenements so ad­joyning extendeth unto, and in breadth during all the said length to the Chan­nel, or to such place as the Channel [Page 148] there shall be appointed by the Bailiffs upon pain to forfeit for every Yard square, not sufficiently repaired and amended, eight pence, to go to the useForfeitures how to be disposed. of the Town, towards the amend­ment of the Haven there, and Streets adjoyning to any Church or Church­yard to be paved and repaired at the Charges of the Parishioners, to be in­differently rated by the twelve Head­boroughs or the major-part of them; and the Bailiffs once every quarter of a year to enquire of Defaults by the the Oaths of twelve Headboroughs, and upon presentment to levy or cause to be levied by distress or lawful means the said Forfeitures and Sum of Mony so assessed, and may make such Avowry, Cognizance or Justifica­tion as by the Common Laws may be made for Arrearages of Rent-Charge, and shall have like Judgment, Costs, Damages and Return.

All and singular Person and Persons▪ 18 El. ch. 19. Pa­ving Rast. 7. Stat. at large printed 1587. f. 618, 619. Keb. St. 1. 863. their Heirs and Successors which shall be immediate Owners, Land-Lords or Ter-Tenants of any Houses, Lands or Tenements within the City of Chi­chester, in Fee-simple, Fee-tail, or for Life or Years, shall from time to time by the assignment of the Mayor for [Page 149] the time being, pave or cause to be paved with good paving Stones, along, from and against his or their House and Houses, Lands and Tenements adjoyning to the Street, so much of the said Street in length to the Chan­nel, or to such place as the Channel there shall be by the Mayor appointed,Pain for not paving. upon pain to forfeit for every Yard square not sufficiently paved within two months after warning thereof given by the major-part, upon the Pre­sentment thereof made before him, by the Oaths of twelve honest Men of the said City chosen for that pur­pose, the Sum of three shillings and four pence; and the Owners, Land-Lords and Ter-Tenants of any House, Houses, Lands or Tenements in Fee­simple, &c. within the said City ad­joyning to any of the greater Streets there called the East, West, North and South-Streets, their Heirs and Succes­sors shall from time to time maintain and repair the said Street and Streets so adjoyning, with like Stone against their Houses, &c. in such like manner as above declared, in pain of twentyPain for no [...] keeping Streets in repair, and w [...]ll paved. pence for every Yard square not suffici­ently repaired and amended, and be­ing presented in manner and form [Page 150] aforesaid, which Forfeitures shall be to the use of the Mayor and Citizens towards the maintenance and repairs of the City Walls; and the Mayor forMayor to make inquiry every quarter of a year, and to levy Pe­nalties by distress the time being shall have power every quarter of a Year to enquire of the Defaults, by the Oaths of twelve Men, and to levy or cause to be le­vied the said Forfeitures by distress or other lawful means, and make such Avowry, Cognizance or Justification as by the Common Laws may be made for Arrearages of Rent, and have like Judgment for Costs, Damages and Return: The Lessee for Years or atLessees to defalk out of their Rents. Will may defalk and abate so much out of their Land-Lords Rents, as they shall expend in such paving, i [...] there be no Covenant to the con­trary.

CHAP. XVI. An Abstract of the Statutes made for repairing Huntington-Lane near the City of Chester, the common High-way called the Cawsey lying in the Counties of Dorset and So­merset, between the Towns of Shafts­bury and Sherborne, and for amend­ing the High-ways within five Miles of the City of Oxford.

BY the Statute of 37 H. 8. Hun­tington-Lane 37 H. 8 ch. 3. High-ways Rast. 2. Stat. at large printed 1587. f. 1011. Keb. St. f. 606. near the City of Chester, being in length two miles, and an half, or thereabouts, is to be repaired from time to time by one that shall dwell in the said Lane, who shall have Grass, Pasture or Feeding for five Kine, or five other kind of Beasts or Head of Cattel, in and up­on the said High-way, and upon the sides of the same, from Bothil to Butterback-Bridge, Sir William Stan­ley and Sir Hugh Calverly and their Heirs Males being of full Age (and in default of them) the Mayor and Aldermen of Chester shall appoint the said Party, and remove him if he be [Page 152] negligent in repairing any part of the said Way.

By the Statute of the first of Queen1 M. Sess. 3. ch. 5. St. a [...] large print­ed 1587. f. 230, 231. Shirbone Rast. 1. Keb. St. f. 716. Mary, The common High-way called the Cawsey, paved with Stone in the Counties of Dorset and Somerset be­tween the Towns of Shaftsbury and Sherborne, being about twelve miles in length, shall be repaired and amend­edWho chargable to the repairs. by the Owners, Tenants, Farmers and Inhabitants of the Mannors, Lands, Tenements and Parishes lying nigh to the said Cawsey on either side thereof, and by the Inhabitants of the Towns of Shaftsbury and Sherborne, and by the Owners, Tenants and Farmers of Mannors, Lands, Tenements and He­reditaments, and by the Inhabitants of, and within the Forest of Gilling­ham, and Liberties of Gillingham and Alcetter, and the Hundreds of Red­lane and Sherborne in the County of Dorset, and of the Hundred of Hor­thorne in the County of Somerset, andJustices of Peace [...]o make Orders and set Fines. the Justices of Peace of the said Coun­ties at their Quarter-Sessions, or other­wise, may call before them, or four of them at the least (two to be of the Quorum) so many of the Persons bound to repair and amend the said Cawsey as they think fit, and to make [Page 153] Orders and Assessments from time to time towards the repair thereof, and may set Fines on Defaulters, and make Orders for levying by distress the said Assessments and Fines, and for a yearly Account to be made of the same to whom they appoint; and the said Orders to be entred and inrolled of Record by the Clerks of the Peace of the said two Counties in the Rolls of the Sessions; and all Pains andPains and Penal­ties how to be bestowed. Penalties to go towards the amend­ment of the said Cawsey; and if the Justices refuse to put this Act in ex­ecution, then upon request of the Lord Chancellor of England, or Lord Keeper of the Great Seal shall make a Commission to certain discreet Persons to put this Act in execution, who shall have the same Power and Authority as is given to the Justices of Peace by this Act.

It is enacted by the Statute of 18 El. 18 Eliz▪ chap. 20. Bridges Rast. 4. St. at large printed 1587. f. 619, 620▪ Keb. St. f. 863, 864 That every Person and Persons resi­dent, dwelling or inhabiting within five miles of the City of Oxford, and having in his Occupation, to the use of himself or any other, a Yard-Land or more▪ in Tillage, Pasture or other Ground, or using a Draught, Plow or Wain at their own proper Costs [Page 154] and Charges, for every such Yard-Land is to send one Wain, Draught or Cart furnished after the Custom of the Country, with Necessaries conve­nient, and two able Men for amend­ing, repairing and upbuilding of de­cayed Bridges, Ways and Passages with­in a mile of the said City, and every other Housholder, Cottager or La­bourer within the said Circuit (being no hired Servant) must go themselves, or send a sufficient Labourer to the repairing the same, and all to be at the command of certain Supervisors to be appointed by the Vice-Chancellor and Mayor, with other Justices of the University and City, and do their Carriages and Labours by the space of six days, between the Feast of St. John Baptist and the Feast of All-Saints, upon twelve days warning given or sent in writing to the Vice-Chancellor and Mayor, or either of them, to the Constable or other Officer of the Place that ought to serve, and every Person making default, doth for every days default, or any part thereof for­feit five shillings, to be levied and im­ployed for the amendment of the said Bridges and Cawseys, and the Persons making default, and making no rea­sonable [Page 155] composition for the same, then the Vice-Chancellor and the Mayor, or other their Officers to distrain, and keep and detain the distress till the Forfeitures and Charges of keeping the distress be paid: But by the Statute of35 El. ch. 7. Keb St. f. 913. sect. [...]. 35 Eliz. this last Article was altered, and it is provided that no Person or Housholder living within five miles of Oxford, and not having in possession a Yard-Land, shall be chargeable with any thing towards the amending the said Bridges and High-ways; and thatEvery Yard-Land to pay four pence, and none else chargeable. such as have a Yard-Land or more in possession, lying within the said com­pass, shall pay yearly the Sum of four pence for every Yard-Land before the Feast of Pentecost, to the Vice-Chan­cellor and Mayor, or their Deputy or Deputies towards the amending of the said Bridges and High-ways, and no other Penalty, with like Remedy by distress for the same, being due and not paid, as is limited and appointed by the other Statute of 18 Eliz. chap. 20.

Note, That Virgata Terrae, or aCo. Lit. f. 5. a. 69. a. Terms of the Law and Blounts Law Dict. verb. Yard-Land, and Lamb. Exposition of Words. Yard-Land, called by the Saxons Gird­land, and now the G. is turned to Y. is in some Countries ten Acres, in some fifteen, in some twenty, in some [Page 156] twenty four, in some thirty, and in others forty Acres, and so doth not contain any certain quantity of Land, but is various according to the Cu­stom of the place where it lies.

CHAP. XVII. The Heads of the two Statutes made in the 18 and 27 Qears of Queen Elizabeth for the maintenance and repair of Rochester-Bridge in the County of Kent.

THE morrow after the General18 El. ch. 17. Stat. at large printed 1587. f. 616, 617. Keb. St. f. 863. Quarter-Sessions of the Peace holden next after Easter in Kent, the Wardens and Commonalty of the Lands Contributory to Rochester-Bridge, or so many of them as can conveniently attend, shall for ever as­semble at the Castle of Rochester near the Bridge, and there elect by the most Voices, two Persons of the same Commonalty, such as are House-keepers, and commonly resident within the County of Kent, and are healthful and can attend the Office, to be Wardens of the said Bridge, and twelve Persons of the said Commonalty to be As­sistants [Page 157] to the Wardens for one whole year after the Feast of Pentecost then next following, at which said Electi­onsAbsence of House holders at the E­lection of the Wardens forfeit 10 s. a piece, 27 El. ch. 25. Stat. at large f. 723. Keb. f. 890. of Wardens and Assistants, two Housholders at the least out of every Parish within seven miles of the said Bridge wherein any Contributory Lands lie, shall be present to give their Voices at the said Elections; and the two Wardens thus chosen shall do their endeavour for that Year to benefit the said Bridge, and shall receive the Fines, Rents and Revenues of the Lands be­longing to the Bridge, and of all Contribution Mony payable to the use of the same Bridge, and shall answer and pay out of the same as cause shall require; and the new Wardens soNew Wardens bound to the former Wardens to make account and elected War­dens being absent to have notice sent in writing. chosen, if then present, shall be bound to the former Wardens to make ac­count of all Receipts, and payment of Arrearages found upon the same; and if any who is chosen Warden, shall be absent at the time of Election then notice shall be given by Letter sent by one or both of the former Wardens, and delivered at the Dwelling-house of such absent Person elected, on pain of five pounds; and every such absent Person so elected before the Feast of Pentecost then next following, before [Page 158] the Custos Rotulorum of that County▪ or two Justices of the Peace of the same County (one to be of the Quorum) shall become bound to ren­der Account and pay of Arrearages asForfeiture of Warden refusine to be bound, and how choice is to be made of ano­ther in such case. aforesaid; and every Warden elected as aforesaid, refusing to become bound, to forfeit ten pounds, to be recovered by the former Wardens in an Action of Debt for the use of the Bridge; and if any refuse to stand, notwith­standing the Fine, or being elected and bound, dies before the end of the Year, then at the Quarter-Sessions of the County to be held in conve­nient time next after such death or refusal, and before the said presixed day of Election, a new one of the Commonalty qualified, as aforesaid, shall be chosen by the said Justices at the Sessions, and by the other War­den and twelve Assistants, or major­part of them present at the Sessions, to serve to the end of that Year, who at a convenient time to be then pre­fixed, shall become bound as aforesaid, under the pain above limited; and at the Election of new Wardens and Assistants, all other Officers concern­ing the said Bridge and their Stipends, shall be appointed by the said two [Page 159] elected Wardens; and the old WardensOld Wardens every year to ac­count upon Oath in the presence of the nevv War­dens. shall every Year account, upon Oath, on Thursday in Whitsun-Week, in the presence of the new Wardens, or of one of them, and such four of the Assistants as are assigned to be Au­ditors in the House called Crown-Inn in Rochester, or at some other place appointed, and none of the Assist­ants or Auditors so assigned, to be absent at the Account, on pain of ten pounds; the Wardens and As­sistants,Wardens and As­sistants to consent to and subscribe Leases of the Bridges Lands, and for vvhat Term. or major-part of them, are to consent to, and subscribe to all Leases made of the Bridges Land, which Leases shall be made but of such effect as Tenant in Tail may do, by the Statute of 32 H. 8. chap. 8. save Leases of Houses not having three Acres of Land belonging to them, which may be made for fifty Years; and every seven Years shall be made a Terrer of the Lands leased; andWhen Ovvners or Tenants of contributary Lands may be Taxed. 18 El. ch. 17. Stat. at large printed 1587. f. 617. Keb. Stat. f. 863. Owners Tenants of Lands contri­butary to the maintenance of the said Bridge, shall not be assessed to pay towards the maintainance thereof, but only when the Rents and Profits of the Lands belonging to the same be not sufficient; and then in such27 El. ch. 15. Stat. at large f. 722. Keb▪ Stat. f. 890. case the two Wardens and more [Page 160] part of the twelve Assistants shall Tax all the contributary Lands, Rating every Parish where those Lands be, proportionably at such Sums of Mony to be paid as by the said Wardens, &c. shall be appointed, in writing under their Hands and Seals, for which Mony any persons by them appointed may distrain, and sell the Distress, rendring the overplus, if any be, to the Owners of such Di­stress.

CHAP. XVIII. An Account of the Statutes of the 39 and 43 Eliz. made for repair­ing and maintaining the Bridges at Wilton upon Wye, in the Coun­ty of Hereford, and Edon and Prestberk Bridges in Cumberland.

BY the Statute of the 39 Eliz. 39 El. chap. 24. Keb. Stat. f. 933. Bridges Rast. 8. the Inhabitants of the County of Hereford were to build a Bridge at Wilton upon Wye, near the Town of Ross; and every laden Cart, Carr, or Wayn driven over the said BridgeWhat Pontage or Toll to bae paid. shall pay two pence, and every Horse loaden with a Pack one peny, and [Page 161] every ten Sheep, and under twenty, two pence; and every twenty Sheep three pence, and every five Beasts or above, and under twenty, two pence, and every twenty Beasts six pence, and so proportionably according to that Rate, to be taken as Pontage; and two Burgesses of the Town ofFour Collectors to be appointed. Ross, and two Free-holders of the County of Hereford to be yearly chosen Collectors of the said Pontage, to whom, or to their Deputies it shall be lawful to distrain and impound any persons Sheep, Beasts, &c. refusing to pay the said Pontage: And the Col­lectorsTen pounds per Annum to be p [...]id to Charles Bridges and his Heirs. shall yearly pay to Charles Bridges, his Heirs or Assigns (upon whose Lands the Bridge was ordered to be built) ten pounds, at the Feast of St. Michael; and the said Col­lectorsCollectors to Account yearly shall yearly make account of the Profits of the said Pontage; and a provision in the Act to discharge them and their Heirs that do yearly pay Corn to the Keepers of the pas­sing there for their Pontage.

The County of Cumberland shall43 El. chap. 16. Bridges Rast. 9. Keb. Stat. f. 957. stand chargable for erecting, maintain­ing, repairing and new making of Edon Bridge, and Prestberk Bridge, standing over the River of Edon, [Page 162] and as often as need shall require, and for the assessment, raising, col­lecting and imploying of such Works and Sums of Mony, from time toAssessment ac­cording to 22 H. [...]. chap. 5. time as shall be needful for the Build­ing and Repairing of these Bridges, and such form and order shall be observed in all things, by and through the said County, as is appointed by the Statute 22 H. 8. cap. 5. ordained for the repair of Bridges: but the Inhabitants of the Lordship of Mil­ham Inhabitants of Milham not chargeable. shall not be chargeable with any Contribution thereunto.

CHAP. XIX. How Chepstow Bridge standing be­tween the Counties of Gloucester and Monmouth is to be repaired and maintained.

THE Counties of Gloucester and3 Jac. 1. chap. 23. Keb. Stat. f. 1119. Bridges Rast. 10. Monmouth shall for ever main­tain and repair Chepstow Bridge over the River Wye, viz. the County o [...] Gloucester from the midst of the said Bridge for that part or moiety tha [...] lyeth on that side unto the Lordship [Page 163] of Tyddenham and the County of Monmouth, from the midst thereof for that part or moiety that lyeth on that side unto the Lordship ofJustices to Tax Inhabitants, ap­point Collectors and Surveyors. Keb. ibid f. 102 [...] ▪ sect. 4. Chepstow, any four of the Justices of Peace (one to be of the Quorum) respectively, in either of the said Counties, to Tax all the Inhabitants of the said Counties, as well within Liberties as without, at such Sum as they think reasonable and fit, and to cause the Names and Sums of every particular person to be writ severally in Rolls indented; and to appoint Collectors of every Hundred of either of the said Counties, severally within the limits of their Authorities; which Collectors receiving several parts of the said Rolls under the Hands and Seals of the said Justices, are by ver­tue thereof to collect and receive allCollectors to di­strain for non­payment, and pay money to Survey­ors, Keb. ubi su­pra. the particular Sums of Mony therein contained, and to distrain upon such as refuse, and to sell the Distress and retain and receive all the Mony Tax­ed, rendring the overplus, if any be, to the Owner; and the said Justices are to appoint four Surveyors for the said Bridge, two for each County to whom the Collectors shall pay the Monies by them levied and Col­lected [Page 164] to be imployed for the re­pairing of the said Bridge, and shall make indented Rolls to be Subscri­bed interchangably between them and the Surveyors, mentioning the time and payment, and to make account when required, to the said JusticesCollectors and Surveyors to ac­count to the Ju­stices. Keb. ubi supra. respectively, in either of the said Counties, wherein they are appoint­ed Collectors or Surveyors, how the Mony is expended: And upon refusal to account or to pay without delay (for the uses aforesaid) such part thereof as shall be found in their Hands, to such person or persons as the said Justices respectively, in either of the said Counties at their Quarter-Sessions shall nominate and appoint; then the said Justices may make pro­cessProcess to be made out against Surveyors and Collectors for not accounting or not paying. Keb. ibid. f. 1021. sect 4. against them and their Execu­tors and Administrators, by Attach­ment or Capias under their Seals, retornable at their General Sessions of the Peace, and if they appear, to compel them to account and pay, and upon refusal to commit them to Prison, there to remain without Bail till they perform; and the said Ju­stices of the said Counties respective­ly are to take care that one part of all the several Rolls, containing all [Page 165] Taxations be kept amongst the Re­cords of the Sessions, that it may always appear how much mony is Taxed, &c. [...]nd the Justices (after request madeJustices penalty for neglect. Keb. ubi supra, sect. 5. [...] any two Inhabitants of the County where they are Justices) shall forfeit [...]orty shillings a piece for every month­ [...]y negligence or default by them com­mitted, in not taking order as the Act directs for reparation of the Bridge from time to time: All For­feituresForfeitures, [...]o [...] to be recovered▪ Keb. ibid. f. 1022. sect. 8. to be recovered in any of the Kings Courts of Record, by Action of Debt, Bill, Plaint or Information, and after recovery to be divided into four parts, one part to the use of the party that shall sue, and the other three parts towards the repair of the Bridge.

CHAP. XX. Cardiff, Newport, and Carlion Bridg [...] in Wales, how to be repaired.

THE County of Glamorgan i [...] 23 Eliz. chap. 11. Bridges Rast. 5. Statutesat large, Printed 1587. [...]. [...]1. 162, 163. Keb. Stat. f. 852. South-Wales, and the Tow [...] of Cardiff therein, standing near un­to the River of Toff▪ shall jointl [...] proceed together to the Re-edifying the Bridge there, viz. the Count [...] shall always bestow five parts of the Charges, and the Town of Cardiff one part▪ and so for every five pounds payable by the County, the Town of Cardiff and Liberties shall be charg­ed with twenty shillings; and from time to time, for the maintaining the said Bridge, shall defray all such Charges as shall be necessary in like proportion: and two Justices of theJustices of Peace to Assess and ap­point persons to Collect and Levy. Keb. ubi supra. Peace (one of the Quorum) shall Assess the Places and Inhabitants with­in their several Jurisdictions, and ap­point persons to gather the same, who may distrain for the same, and sell the Distress, according to the Sta­tute 22 H. 8. chap. 5. and upon refusal or opposition, imprisonment till they [Page 167] [...]onform to abide the Order of the [...]ustices.

The Inhabitants of the County of39 Eliz. chap. 23. Bridges, Ra [...]. 7. Keb. ibid. f. 933. Monmouth shall stand chargeable for the making and repairing of New­ [...]rt and Carlion Bridges over the River of Uske, as need shall require; [...]nd such Order shall be observed for the assessment, gathering, and im­ploying of the Mony thereupon to be spent, as is appointed by the Statute of 22 H. 8. chap. 5. But no Town Cor­porate shall be chargeable to be con­tributary thereunto, which is bound by any Law to make or repair any Bridge over any main River.

FINIS.

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