WHereas the seueral Statutes now in force for mending High-waies are found by experience not to haue produ­ced such Good Re­formation as was thereby intended, Therefore, and to the end more effectual Remedies may be pro­vided, [Page 202] Be it ordained by His Highness the Lord Protector, by and with the advice and consent of his Council,

• I. That in every Parish within this Na­tion of England and Wales, there be two or more (according to the Greatness of the Parish) able and sufficient Hous-houlders in­habiting in such Parish, and severally holding Lands there of the yearly value of twenty pounds or more, in occupation, or such others as shall be worth one hundred pounds in per­sonal Estate, elected and chosen, upon the first Tuesday next ensuing the five and twentieth day of March, yearly, to be Surveyors of the High-waies within their Respective Parishes for the year ensuing.
• II. That if it shall fall out that no such Sur­veyors shall be chosen, as aforesaid, within any such Parish, that then in such case the Parishioners of every such Parish shall for­feit twenty pounds to be levyed upon the most Substantial Inhabitants thereof, who are to have contribution from all the rest of the Inhabitants of the said Parish who are taxable hereby for repair of the said High-waies; and in case of difference in rating, the same to be ordered and settled by the Iustices of the Peace of the said Coun­ty, City or Town Corporate, where such Parish lyes, or any two of them; and in such case where no such election of Surveyors shall be made as aforesaid, the then Over­seers for the Poor of that Parish are hereby appointed to be Surveyors of the said Sur­veyors [Page 203] of the said High-waies within such Parish, for the year ensuing.
• III. That every Person being elected, or hereby appointed to be Surveyors of High-waies, as aforesaid, shall undertake the Office, and shall within ten daies after such his Election, or being appointed, as aforesaid, procure himself to be sworn before some Iustice of Peace of the County, Riding, City, or Town Corporate, or Limit, within which his Parish doth ly, diligently and faith­fully to execute the office of Surveyor of High-waies within his Parish for the year then ensuing, and faithfully to accompt for all moneys which shall come to his hands by vertue of his said Office, which oath every Iustice of Peace is hereby impowred and authorized to administer, within the Li­mits of his Commission, accordingly. And if any such person so elected, or hereby ap­pointed, shall refuse to accept of his said Office, and to procure himself to be sworn as aforesaid, that then every person so failing shall forfeit for the same the sum of ten pounds.
• IV. That every Surveyor of High waies, ha­ving accepted the Office, and being Sworn as aforesaid, shall diligently apply himself to the duty and Execution of his Office, and shall within ten daies after his Oath taken, view all the Common and Publique High-waies and Roads, where Carts and Carri­ages usually pass, and all Common Brid­ges belonging to the said Parish, to repair, [Page 204] and all Water-courses, as also all Streets, and pavements, and Common Nusances in the said Waies and Streets, within their respective Parishes; And shall consider what Reparations will be needfull to be made, and what summes of money will be requisite and necessary to be raised within the Parish for amending and repairing the same, upon pain of forfeiting twenty shillings a piece for neglect of such view.
• V. That the said Surveyors do, within six daies after such view, give publique notice in the Church or Chappel to the Parishioners to meet to make an Assesment for repairing the said High-waies & streets, for making & re­pairing of pavements, and for cleansing the said Streets and pavements, from time to time, and for what else shall be requisite for the purposes aforesaid, and thereupon a Rate or Tax in writing, within three daies after such notice, shall be laid by the said Inhabi­tants present at such meeting, or the greater number of them, by a pound Rate, upon all the several Occupiers of Houses, Lands, Tythes, Cole mines, fellable Woods, Te­nements or Hereditaments, within the Pa­rish, according to the true yearly value of the same, and also upon the dead Goods, Com­modities or Stock in Trade of every parti­cular Parishioner charged to pay to the poor, rating every twenty pounds value of such Goods, equal to every twenty shillings Land by year; And such further Rate to be afterward, and oftner made, as occasion shall require, so as all the Rates together do [Page 205] not exceed twelve pence in the pound for any one Parish in any one year.
• VI. That if such Parishioners, or the greater number of them, shall not agree among them­selves to make such Rate within two daies after such meeting, that then the said Sur­veyors of High-waies themselves shall make a Rate in writing according to the direction aforesaid, and such Rate as the said Pari­shioners or Surveyors respectively shall so make, being confirmed by one Iustice of peace, shall stand, until upon complaint and proof of some Irregularity or Inequality therein, to the Iustices of Peace at the Sessions, the Bench of Iustices, or any two of them then present shall see cause to alter the same; And if the said Iustices shall find cause to alter it, then the said Rate, with such altera­tion as they shall make, shall stand without any further Appeal.
• VII. That in case where Common Nusances are in High-waies, or where such Common High-waies in any Parish are streightned by reason of inclosures made within twenty years, either by Hedges, Ditches, Walls, or the like, or where Ditches or Water courses adjoining upon such High-waies, or which do lead the water from such High-waies are not scoured and dressed, or where any pavements are defective, or any Nusances by filth or o­therwise are in any paved Streets, the said Surveyors shall see that the same be reform­ed, and the Offenders in any of the premisses punisht according to Law, by Information [Page 206] or Indictments, deducting for the charge of prosecution out of the monys collected; and the said Parishioners or Surveyors of High-waies respectively are hereby impowred in such case also to impose and leavy over and above the twelve pence in the pound before­mentioned, such greater Taxes and Rates upon the Occupiers of those Lands where such Inclosures, or Vndrest Ditches or Fen­ces be, as they shall respectively think fit, ha­ving the same Rates allowed by the Sessi­ons of the peace, or the two next Iustices of peace, as aforesaid, which shall be final to the parties.
• VIII. That if any Parishioners rated to the mending of High-waies as aforesaid, shall fail to pay to the said Surveyors of High-waies his proportion of Tax rated upon him, by the space of seaven daies after pub­lique notice and warning given for payment thereof, That then every such Pari­shioner failing shall pay double as much as he is rated at in the Tax.
• IX. That for more effectual mending the said High-waies, and parish-Bridges, and Streets, & for removing publique Nusances out of the same, The Surveyors aforementioned shall yearly at such convenient times as they shal agree upon, hire such, and so many Labou­rers and Workmen, and Carts and Carria­ges, as they shall think needful for mending the said High-waies, parish-Bridges, and Water-courses, and Streets, and shall cause them to be fully and perfeccly mended from [Page 207] time to time, and such Workmen and Owners of Carts and Carriages are hereby required to work accordingly, for such reasonable Wa­ges, and under such penalty, as any two Iu­stices of peace within the Division shall think fit.
• X. That in places where Ditches adjoyning to common High-ways, or serving to lead the water from such High-ways, are or shall be un­drest or unscoured, or where water doth run in­to or stand in any such High-ways, to the an­noyance of it, or where Trees, Bushes, or Hedges, standing in High-ways, or adjoyning to High ways, are suffered to grow up, and to hinder and obscure it from the power of the Sun for drying thereof, The said Surveyors are hereby impowred in all such respective pla­ces to cause such Ditches to be drest and scour­ed, and to stop and divert any such water-course, and to turn the water into any adjoyn­ing Ditch, or to make new Ditches in conve­nient places through the Grounds adjoyning, for the most convenient conveying such water, as also to cut, plash, and keep low all such Trees, Bushes, and Hedges, as they shall see cause.
• XI. That the said Surveyors be & are hereby im­powred further to dig for and get Stones, Gra­vel, Sand, Sinder, Chalk, or any other materi­al fit for mending High ways in or upon any the wast or common Grounds within the Parish, or if they cannot there be conveniently had, in and upon any private mans Pasture or fal­low [Page 208] Ground where it may be had, within the Parish, or in any other near adjoyning Parish, with convenient way for sending the same at such seasonable times, and for such reasonable satisfaction and composition to such private person as the said Surveyors and Occupiers of such Land shall agree upon, and in case of dis­agreement betwixt them, then for such satisfac­tion as any Iustice of Peace near adjoyning, not interessed in such Ground, to be indifferent­ly chosen by the parties, shall set down and ap­point, and such Order as the said Iustices of Peace shall set down shall be final to the par­ties, without further appeal.
• XII. That in case where the said common High-ways and streets are or shall be so defective, or shall extend in so great length in any one Pa­rish as that the parish is overburdened there­with, and the Rate of twelve-pence in the pound before mentioned will not suffice to a­mend and repair the same, the Iustices of Peace, at their open Sessions, are hereby im­powred from time to time to rate such other parishes within the Limits of their Commis­sion, whose Rate for mending High-ways ac­cording to the true yearly value of the Land shall not amount to twelve pence in the pound as aforesaid, as the said Iustice shall think fit, till the Rate amount to twelve-pence in the pound, towards the mending of the High-ways and streets in such parishes as they shall finde to be so overburdened.
• [Page 209]XIII. That if any Wagons, Carts, or Carria­ges, wherein any Burdens of dead Commodi­ties or Wares shall at any time from and after the first day of M [...]y next be drawn upon any such High-ways, Roads, or streets with above five horses or Mares, or six Oxen and one horse or Mare, in any one Cart or Wagon, that then it shall be lawfull to or for any Constable or Surveyor of High-ways, or other Inhabi­tant in any parish where such loaden Wagon, Cart, or Carriage shall pass, and be drawn as aforesaid, to distrain and seize all such su­pernumerary horses, Mares, or Oxen, as he shall finde in any such Wagon, Cart, or Carriage, over and above the number of five horses or Mares, or six Oxen and one horse or Mare respectively, & the same supernumerary Horses, Oxen and Mares respectively, to detain and keep until such Owner or Driver have paid and answered into the hands of the surveyors of High-waies within the pa­rish where such Distresse and seizure shall be made, or one of them, the sum of twenty shillings for every such supernumerary Horse Mare, or Ox; And if such penalty be not paid within seven daies after such Distress or seizure, together with full satisfaction for [Page 210] keeping the Beasts and Cattle distrained, and other Charges thereabouts in the mean time, that then it shall be lawful for such survey­ors of High waies to sell such Horses, Mares, or Oxen so seized, and to retain out of the price the said twenty shillings and char­ges, returning the overplus to the partie. And in case any difference happen about the same, the Next Iustice of Peace shall deter­mine the same, whose Order therein shal be final to each partie.
• XIV. That the Iustices of peace at their open sessions shall be, and are hereby enable and enjoined, to enquire after, hear, and deter­mine all Matters concerning any Charita­ble Gifts, for the making, amending, and keeping in repair any Common High waies, pavements, streets, causeys, or Bridges, within the Limits of their Commission, as well where special Visitors and Overseers are appointed, as otherwise, and make Or­ders and Decrees for the due imployment of such Charitable Gifts according to the true intent of the Donors thereof. [Page 211] as fully as any Commissioners for Charita­ble uses may do; and in case they shall finde any wilful neglect or misimployment in any person or persons, bodie politick or cor­porate, in or concerning the same, the said Iustices shall and may over and above the ordering and decreeing what shall bee due and in arrear, with damage for not imploy­ing the said charitable gift according to the true intent thereof, impose a Fine, not ex­ceeding fourtie pounds, upon such as shall bee found offendors therein; which Fine, in case of refusal to bee paid within fourtie daies of the demand made by Warrant from the Iustices, or any two of them, shall bee Levied by Warrant from the said Iustices, by Distress and Sale of the offenders goods, and being Levied, shall by the care of the said Iustices bee imployed for the mending and repairing the said Highwayes, Pave­ments, Streets, Bridges, or Causies respe­ctively; And such order as the said Iustices shall make in the premisses, shall bee final without further appeal.
• XV. That Streets and Pavements in any Citie, Town-Corporate, or the Suburbs thereof, or near adjoyning to the same, are hereby declared to bee Common Highwayes, and Scavengers to bee Surveyors, within the intent and construction of this Ordi­nance, and within all Laws in force concer­ning Highwayes, and in every Parish and [Page 212] place where Pavements and Streets are, they shall bee Paved and kept in good repair, and cleansed for the conveniencie and health of the Inhabitants; And where any of the Provisions afore-mentioned, or any other Laws now in force concerning Highwayes, Streets or Pavements, shall not bee found sufficient to reform the great defects of Pavements and Water-courses, and in re­moving of filth and other nusances in such Streets and places; it shall and may bee lawful to and for the Inhabitants of any such Parish rated to the poor, to meet toge­ther at the time hereby appointed, for choice of Surveyors, or Scavengers; at which time, or as often as the said Inhabitants shall pleas, they shall set down and make such reasonable by-laws and orders, for the rating and taxing the several Inhabi­tants of the said Parish, being occupiers of any Houses, Lands, Tenements, or Here­ditaments, or having any Stock or Trade or otherwise, being of sufficient abilitie for reforming the defects in Paving and clean­sing the Streets, and causing the Channels and Water-courses to run freely, and for keeping the same in good order, and for as­sessing and imposing reasonable penalties upon offendors, and for Levying of the said several sums by Warrant of any Iustice of Peace, within the limits of his Commission, by distress and sale of the offendors goods, and for imploying the same, and reforming the neglect of Scavengers and Inhabi­tants in any the premisses, as they shall think fit; which Orders so make, being pre­sented [Page 213] unto, and allowed, or altered by the Iustices of Peace at their open Sessions, shall bee duly observed and put in execution, according to the allowance or alteration of the said Iustices of Peace, and bee final to all parties.
• XVI. That all sums of money Assessed and Rated as aforesaid, and all fines, penal­ties, forfeiture, and other sums of money arising by Assesment or otherwise, by this Ordinance, or by any other Law now in force, touching Highwayes and Streets, and all Issues to bee forfeited for not ap­pearing to any Information or Indict­ment, for not repairing any Highwayes, or not remooving or reforming defects and Nusances in any Streets or Highwayes; And all Fines or Amercements, to bee im­posed upon any Parish or private person, for not repairing Highwayes, Streets or Water-courses, shall bee imployed and be­stowed by the said Surveyors of Highways, in paying Workmen's Wages for doing such works, and for such other imployment as are hereby appointed to bee don and per­formed, and shall be Levied by virtue of this Ordinance by the said Surveyors of Highwayes, or any of them, by Warrant from any Iustice of Peace within the Coun­tie, Riding, Citie, Town-Corporate, or limit of his Commission, by Distress and Sale of the goods of such person as shall bee so behinde, or chargeable with any such sum; [Page 214] and for default of such distress or non-pay­ment of the money by the space of ten days after demand thereof made or left at his hous in Writeing under the hand of the said Surveyors, or either of them, the partie so in arrear, shall bee by Warrant from any Iustice of Peace within the said Division, committed to prison to the Common-Goal of the Countie, there to remain without Bail or Mainprise, till hee have paid double what shall bee so in arrear, and charged upon him to pay, together with the charges incurred to parties prosecuting by such default.
• XVII. That if any suit shall bee commensed by any person against any Constable or Sur­veyors of Highwayes, or against any per­son imployed by them, or any of them, or au­thorized by this Ordinance, to do or perform, as by this Ordinance is directed, for doing and performing as aforesaid; that then in every such case, the Action shall bee laid in the proper County where the fact was don, and not elswhere; and the Defendant may plead the general Issue to it, and give the special matter in evidence at the Trial, That what was don, was don in pursuance of this Ordinance; and if upon examination it shall so appear to bee don, then the Iurie shall finde for the Defendant: And in such case, as also if the Plantiff shall bee non­suit, or discontinue his Action after the De­fendant hath appeared, the Defendant shall have his full costs, which upon Oath hee [Page 215] shall make appear to the Iudge before whom the Trial or discontinuance is had, hee hath laid out in defence of such suit, and also ten pounds more, in regard of his un­just trouble and vexation, taxed by the Court, against such Plantiff.
• XVIII. That every Surveyor elected or hereby appointed as aforesaid, shall yearly within one moneth after the expiration of the year, wherein hee was so Surveyor, make & yield up to the Parishioners of the Parish, a true and perfect account in writing, at som pub­lick meeting to bee appointed by the Parish, of all the moneys hee hath received or paid out within his year, for or by reason of his said office; namely, of whom, and what re­ceived, and to whom, and what paid; and if any overplus do remain in his hands, hee shall pay the same over to the next Survey­ors then in beeing, for the use of the said Pa­rish, to bee disbursed in and about the High­wayes: And if such Surveyors, shall refuse or neglect to make such account or repay­ment as aforesaid, that then it shall bee law­ful to and for any Iustice of Peace with­in the Countie, Riding, Citie, Town-Cor­porate, or limit where the Parish lie's, to examin the Account, and upon default found on the Surveyor's part, to commit such Surveyor to the Common-Goal of the Countie, there to remain without Bayl or Mainprise, until hee shall make such Ac­count, and payment as aforesaid, together [Page 216] with such satisfaction for the damage which the said Parishioners have sustained, by rea­son of such neglect, as any such Iustice of Peace shall adjudg reasonable; But if the said Iustice shall finde such Account to bee clear and good, then hee is to allow the same, and such Surveyor is not afterwards to bee questioned or troubled thereabouts: Provi­ded always, that this Ordinance, nor any thing therein conteined, shall not extend to discharge any person or persons, body-poli­tick or corporate, from repairing or reform­ing any the defects and abuses, as aforesaid, which by any Grant, Tenure, Prescription, Limitation or Appointment, of any Chari­table Gifts, they are bound and charged to repair and reform, nor to alter or make void any Law or Custom now in force, or used for the inforcing and constreining the said persons and bodies-politick, aforemen­tioned, to perform and do their duties, in re­pairing such Highwaies and Bridges as aforesaid. And it is the true intent and meaning of this Ordinance, that no Sur­veyors, for amendment of Highwaies, shall bee chosen at any other time, or otherwise then by this Ordinance is directed. And it is further Ordeined, by the Authority aforesaid, That no Writ of Certiorari, shall issue or bee allowed to remove any Information, In­dictment, Presentment, or other proceed­ings, within this Ordinance, or within any Law now in force, concerning Highwayes, Causies, or Bridges, except it bee upon som question and controversie, betwixt Countie and Countie.

And it is lastly Ordained, by the Autho­ritie aforesaid, That one Act made in the first year of the Reign of the late Queen Mary, for, and concerning the making, repairing, and amendment of the Common-Highway and Causie, in the Counties of Dorset and Somerset, between the Towns of Shaftsburie and Shirborne, in the said Countie of Dorset, Intituled, An Act to Repair Shirborn-Causie, in the Counties of Dorset and Somerset, from hence­forth shall bee revived and stand in force, until the first of September, 1662.