OBSERVATIONS ON THE STATE of the HIGHWAYS, AND On the LAWS for Amending and Keeping them in REPAIR;
WITH A DRAUGHT of a BILL for comprehending and reducing into one Act of Parliament the moſt eſſential Parts of all the Statutes in Force relating to the Highways, and for making Proviſion for the more eaſy and effectual Repair of the High⯑ways.
By JOHN HAWKINS, Eſq One of his Majeſty's Juſtices of the Peace for the County of Middleſex.
LONDON: Printed by his Majeſty's Law-Printer; for J. WORRALL, at the Dove in Bell-Yard, near Temple-Bar. Sold alſo, By Meſſ. DODSLEY, in Pall-Mall; B. TOVEY, in Weſt⯑minſter-Hall; C. HENDERSON, under the Front, and T. HOPE, oppoſite the Back, of the Royal Exchange.
M. DCC. LXIII.
TO THE RIGHT HONOURABLE HUGH, Earl of Northumberland, Lord Lieu⯑tenant and Cuſtos Rotulorum of the County of Middleſex.
[3]THE Reflections contained in the following Pages, are the Reſult of an Enquiry to which my Duty led me, wherein the Neceſ⯑ſity [4] of an Alteration is ſuggeſted in a Branch of the Statute-Laws of great Importance to the internal Intereſts of this Nation; and a Propoſal for an Amendment of thoſe Laws, is humbly ſubmitted to that Authority, in which alone the Power of enacting and re⯑pealing Statutes reſides.
It is not in Behalf of a Book, but as the Advocate of the induſtrious Poor, the Sinews, the Muſcles of the Body politic, and as the Friend of Agricul⯑ture and Manufactures, the moſt inno⯑cent and laudable Means of national Greatneſs, that I preſume to addreſs your Lordſhip.
The Relation which your Lordſhip, by an Office of great Truſt and Ho⯑nour, bears to a County, that, with⯑out [5] any invidious Compariſon, is ſe⯑cond to none in the Kingdom for Wealth and Grandeur, and which is ho⯑noured by the Reſidence of his Majeſty and the Royal Family, had afforded a plauſible Excuſe for this Trouble; but the Conſideration of that Benevolence and Zeal for the Intereſts of your Coun⯑try, which you have exerted in many In⯑ſtances, too recent to be forgotten, left no Room to doubt but that any At⯑tempt for its Service would be favour⯑ably received.
Permit me therefore, my Lord, ſo far only as it ſhall ſeem likely to produce any Benefit to the Public, to intreat your Lordſhip's Protection for the fol⯑lowing Propoſal; as I am firmly per⯑ſuaded, that if it meets with Approba⯑tion, [6] your Lordſhip's Wiſdom and Hu⯑manity will ſuggeſt the Means of ren⯑dering that Benefit as extenſive and ef⯑fectual as poſſible. I am with great Reſpect,
ADVERTISEMENT.
[7]THE Bill to which the following Obſervations are an Introduction conſiſts,
Firſt, Of thoſe Clauſes in the ſeveral Acts of Parliament now in Force which have been found moſt uſeful, with ſome few Variations.
Secondly, Of ſuch new Clauſes as ſeemed ne⯑ceſſary for anſwering the Ends now propoſed: Theſe latter are printed in a different Character from the Reſt of the Bill, and are recommended to the Conſideration, in the approaching Receſs of Parliament, of thoſe Members of either Houſe, who whether in Buſineſs or Retirement are equally ſolicitous to promote the public Good, and who knowing that the Meaning and Operation of legal Language is one of the moſt evaneſcent Subjects that the human Mind is converſant with, will employ their Talents in detecting any of thoſe in⯑formal Expreſſions which often defeat the Pur⯑poſes of the beſt intended Laws.
[8] The general Form of the BILL was ſuggeſted by a caſual View of an anonymous Pamphlet, pub⯑liſhed almoſt Thirty Years ago, under the Title of ‘"A Scheme for reducing all the Laws relating to the common Highways into one Act of Par⯑liament;"’ and ſaid in the Preface to have been written by a Gentleman in the Commiſſion of the Peace, who had made the Amendment of the Highways his principal Care for many Years. But this Scheme conſiſting merely of a Draught of a Bill for that Purpoſe, not very artificial in its Conſtruction, very little Aſſiſtance could be de⯑rived from it more than regarded the Selection and Arrangement of the Clauſes in former Sta⯑tutes, proper to be retained in any future Law; and as not only the Method of impoſing and ap⯑portioning the Statute-Duty, now recommended, is widely different from that Author's, but every Section contained in his Scheme has been both for⯑mally and ſubſtantially varied, and the Preamble, and almoſt every one of the additional Clauſes new drawn, the Author of the preſent Publication fears he has made himſelf anſwerable for what⯑ever may be found amiſs in the Bill as it now ſtands.
Perhaps, in eſtimating the Price of a Day's Labour at one Shilling and Six-pence, he has ex⯑ceeded the uſual Rate; if this ſhould be the Caſe, let it be remembred that he had an Eye to the [9] Counties adjacent to the Metropolis, and that any other Eſtimation, tho' it may occaſion ſome ſmall Alteration in the Penalties, will not affect the general Reaſoning contained in the Propoſal.
If it ſhould be thought eligible, notwithſtand⯑ing the Reaſons within given to the contrary, to annihilate the Statute-Duty, the Bill may be eaſily adapted to that End: But this the Public may be aſſured of, that every Attempt to amend the Highway-Laws by additional or explanatory Acts, will produce great Confuſion among thoſe whoſe Duty it is to execute them; and that nothing can remedy the Evils at preſent complained of, but the Conſolidation into one Act of the moſt effica⯑cious Clauſes contained in thoſe now ſubſiſting.
March 1763.
ERRATA.
Page 3. Line 3. from the Bottom, read performing ſuch Services, ſuch Perſon, &c. Page 19. Line 11. for complete read competent. Page 49. Line 1. for 30s. read 20s.
OBSERVATIONS ON THE STATE of the HIGHWAYS, &c.
[1]THE Attention of the Public, not⯑withſtanding it has been engaged by an Object of the utmoſt Importance, has of late Years been employed to a very extraordinary Degree in the Repair and Im⯑provement of the Public Roads in this and the neighbouring Kingdom. Perſons of all Ranks and Profeſſions, the Philoſopher and the Mecha⯑nic, have, with a laudable Emulation, contend⯑ed who ſhould moſt promote the Intereſt of this Country, by facilitating the Methods of convey⯑ing its Produce from one End to the other.
Nor is this to be looked upon as any other than a particular Mode of that Benevolence, [2] which, if we do not greatly flatter ourſelves, is at preſent the diſtinguiſhing Characteriſtic of the Inhabitants of this Iſland; a Principle which we have beheld operating in various Ways, and which even now, ſeeks and ſolicits Occaſion for its Exertion.
A Diſpoſition more favourable to any Propo⯑ſal calculated either to remove a public Griev⯑ance, or produce any poſitive Good, is not to be wiſhed for; and it is hoped, that that contained in the following Pages may be thought to have a Tendency to promote one or other of thoſe Ends.
It is too obvious to need inſiſting on, that very little of the Concern which has of late been ſhewn about the Roads in general, has been di⯑rected to thoſe which lead from Pariſh to Pa⯑riſh, and are not the ordinary Channel of Con⯑veyance to Cities and Towns of great Trade. The Invention of Turnpikes is manifeſtly calcu⯑lated for great Roads; which, as they are made in Favour of Commerce, produce a Revenue ſufficient to keep them in Repair; but the for⯑mer have been left to the Care of the Surveyors of the Highways in their reſpective Pariſhes, ſub⯑ject to the Direction and Controul of the Juſtices of Peace, whoſe Authority in this Branch of their Juriſdiction is of ſuch a Nature, that it car⯑ries the Appearance of great Oppreſſion, and [3] can ſeldom be exerted to any beneficial Pur⯑poſe.
In what Manner, and by whom, the High⯑ways were anciently repaired, does not at this Time clearly appear: it is probable, that while the Feudal Law ſubſiſted in its greateſt Vi⯑gour, and the Number of Vaſſals was greater than it has been at any Time ſince the Introduc⯑tion of Manufactures and Commerce amongſt us, that the baſer Tenures, particularly that of Villenage, might oblige the inferior Claſs of Peo⯑ple to this Duty; and this Opinion ſeems to be warranted by a Paſſage of an Author of very re⯑ſpectable Authority, whereby it appears, that the Judges had in Charge to enquire, among other Things, ‘"of common Highways deſtroy⯑ed, or otherwiſe in bad Repair, who is bound to repair and amend them; and ſuch as are preſented ſhall be attached by perſonal Diſtreſs to appear; and if it be found on their Appear⯑ance in Court, that they hold certain Tene⯑ments of the King upon Condition that they repair ſuch Way, the ſaid Tenements are to be ſeiſed into the King's Hands, and the She⯑riffs are to anſwer for the Iſſues, and to cauſe the Repairs to be done: and where there is no Tenement held of the King by the Perform⯑ing, ſuch Perſons as are bound to repair the Ways, and have not diſcharged their Duty, are to be in the King's Mercy; and the She⯑riff [4] is to be commanded, that he cauſe them to be diſtrained by their Cattle and by their Chattels, and to detain the Diſtreſſes until they have amended the Defects."’ Britton, cap. 20. De pluſors Tortz.
The Statute of Winton, 13 Edw. I. ſeems to have been made but in Affirmance of this Law, for thereby the Lord is ‘"to abate certain Nu⯑ſances in the Highways leading from one Mar⯑ket-Town to another, or be fined at the King's Pleaſure; he is alſo to fell the Under⯑woods in ſuch Highways, and for that Pur⯑poſe is to have the Aid of the Country.’
But the earlieſt Statute of which the Law now ſeems to take Notice, is that of 2 & 3 Phil. & Mar. cap. 8. which, after creating an Office till then unknown to our Conſtitution, that of Surveyors of the Highways, proceeds to direct the Manner of their Election and Choice, in Terms which import
‘"That the Conſtable and Churchwardens of every Pariſh ſhall yearly upon Tueſday or Wedneſday in Eaſter Week call together a Number of the Pariſhioners, and ſhall elect two of the Pariſh to be Surveyors for one Year of the Works for amending of the Highways leading to any Market-Town, which Perſons ſhall have Authority to order and direct the [5] Perſons and Carriages that ſhall be appointed for the amending the Highways by their Di⯑rections, and ſhall take upon them the ſaid Offices, upon Pain to forfeit 20s."’ The Statute then proceeds to enact,
Sect. 2. ‘"That the Conſtable and Church⯑wardens ſhall then alſo appoint four Days for amending the Highways before the Feaſt of St. John Baptiſt, and ſhall openly in the Church the next Sunday after Eaſter give Knowledge of the ſame four Days; and upon the ſaid Days the Pariſhioners ſhall endeavour themſelves to the Amending of the Highways, and ſhall be chargeable thereto as followeth, viz. Every Perſon for every Ploughland in Tillage, or Paſture, that he or ſhe ſhall occupy in the Pariſh, and every other Perſon keeping there a Draught or Plough, ſhall ſend at every Day and Place appointed, one Wain or Cart furniſhed after the Cuſtom of the Coun⯑try with Oxen, Horſes, or other Cattle; and all other Neceſſaries to carry Things conveni⯑ent; and alſo two able Men with the ſame, upon Pain of every Draught making Default, 10s. And every other Houſholder, Cottager, and Labourer, able to labour, and being no hired Servant by the Year, ſhall by them⯑ſelves, or one ſufficient Labourer, upon every of the ſaid four Days, work in the Amend⯑ment of the Highways, upon Pain to loſe [6] for every Day 12d. and all the ſaid Perſons and Carriages ſhall do their Works as they ſhall be appointed by the Superviſors eight Hours of every of the ſaid Days, unleſs they be otherwiſe licenſed by them. And the Stewards of every Leet ſhall have Power to enquire, by the Oaths of the Suitors, of all Offences againſt this Statute, and to aſ⯑ſſeſs Fines and Amerciaments as ſhall be thought meet by the Steward; and in Default of ſuch Enquiry or Preſentment, the Juſtices of Peace ſhall have Authority to enquire of the ſame Offences at their Quarter-Seſſions, and to aſſeſs Fines as they or any two of them, whereof one to be of the Quorum, ſhall think meet; and the Steward of every Leet ſhall make eſtreats indented of the Fines and Amer⯑ciaments for the Defaults preſented before him, and ſhall deliver one Part thereof ſealed and ſigned by him to the Bailiff or High Conſtable of every Hundred, and the other Part to the Conſtable and Churchwardens of the Pariſh wherein the Defaults were made; the ſame to be yearly delivered within Six Weeks after the Feaſt of St. Michael, and the Clerk of the Peace ſhall make like Eſtreats of the Fines and Amerciaments for the Defaults preſented before the Juſtices of the Peace, and deliver the ſame as aforeſaid; which Eſtreats ſhall be ſufficient Warrant to the Bailiff or [7] chief Conſtable to levy the Amerciaments and Fines by Diſtreſs; and if no ſufficient Diſtreſs can be found, or the Offender ſhall refuſe to pay the Amerciament or Fine, and do not pay the ſame within twenty Days after De⯑mand, ſuch Perſon to forfeit double the Sum that he ſhould have paid."’
The Statute above cited was to continue in Force for Seven Years, but being ſuffered to ex⯑pire, it was revived by 5 Eliz. cap. 13. and by 29 Eliz. cap. 5. it was made perpetual.
There is great reaſon to think that theſe Pro⯑viſions of the Law fell very far ſhort of produ⯑cing the Ends propoſed by them, ſince we find that the Repair of Bridges, Cauſways, and Highways, even after the Time of Phil. & Mar. was deemed a laudable Exertion of public Spirit. Sutton, the Founder of the Charter-Houſe, be⯑queathed by his Will great Sums for Pur⯑poſes of this Sort. The Teſtaments of wealthy People, who died before the Reign of Charles the Second, afford many other Examples of the like Nature; and many Corporations are Feoffees of Lands charged with the perpetual Repair of public Roads in different Parts of the King⯑dom.
It is remarkable, that the Beneficence of this Nation, has, at ſucceſſive Periods, been directed [8] to very different Objects. The Building of Churches, and the Endowment of Monaſteries, were the firſt Inſtances of public Charity of which we have any Memorials. The Diſſolution of Religious Houſes, and the Reformation which immediately followed, furniſhed Motives to the Erection of Seminaries for Learning. To this ſuc⯑ceeded the Foundation and Endowment of Alms-Houſes, after that the Building of Charity Schools, and laſt of all Hoſpitals; ſo that for this Reaſon, and perhaps, becauſe the Law has taken them under its Care, we now ſeldom hear of any pri⯑vate Donations for repairing the Highways.
We ſee that by the Statute of Phil. & Mar. the Perſons bound to contribute, either by Labour or in Money to the Amendment of the High⯑ways are divided into two Claſſes; the firſt where⯑of conſiſts of
Such as occupy a Ploughland in Tillage or Paſture within the Pariſh, and
Every other Perſon keeping there a Draught or Plough.
Theſe are to ſend, at every Day and Place ap⯑pointed, one Wain or Cart, with Oxen, Horſes, or other Cattle, and two Men, on Pain of every Draught making Default, 10s.
[9] The ſecond Claſs conſiſts of
Every Houſholder, Cottager, and Labourer, able to labour, and being no hired Servant by the year, who are required by themſelves, or one ſufficient Labourer for every of them, on every of the ſaid Days, to work in the Amendment of the Highways, upon Pain to loſe for every Day 12d.
Thus we may obſerve every Individual in the Kingdom, from the yearly hired Servant up⯑wards, is required to contribute to this neceſſary Work; and that thoſe Land-Holders, who, by occupying leſs than a Ploughland, and keeping no Draught or Plough, are not comprehended within the firſt deſcriptive Clauſe, are yet reach⯑ed by the ſecond; and we may very reaſonably infer, that had there been, at the Time of ma⯑king the Statute, as there is now, any Rank of Men equally capable in reſpect of their Wealth, of contributing to the Amendment of the High⯑ways with thoſe deſcribed by the firſt Clauſe, and yet not included in it; that in that Caſe the Legiſlature would, by a few Words, have ex⯑tended that Clauſe to them, and not tacitly have ranked ſuch Perſons with Houſholders, Cotta⯑gers, and Labourers able to labour.
[10] It is true, that even at the Time of making this Statute, it was not univerſally agreed what Quantity of Land a Ploughland contained, and that the Antiquaries and Lawyers entertained different Opinions about that Matter. My Lord Coke has ſaid, that a Carve or Hide of Land, or a Ploughland, which is all one, is not of any certain Content, but ſo much as one Plough may plough in one Year; and ſo in ſome Coun⯑tries it is more, and in others leſs, according to the Heavineſs of the Soil. 9 Coke's Rep. 124. Lowe's Caſe.
Others aſſert a Difference between a Hide and a Carve or Ploughland; for they ſay, that a Hide of Land contains four Ploughlands, or 480 Acres; whereas a Carve or Ploughland contains but 120 Acres, or four Yardlands of thirty Acres each: others again maintain a Carve or Ploughland to be an indefinite Meaſure, quantum aratrum arare poteſt in oeſtivo tempore. Vide Skene, Minſheu, and Norden's Surveiour's Dialogue. However, this Controverſy is now at an End, the Statute of 7 Will. 3. cap. 29. having ſettled that 50l. a Year ſhall be deemed a Ploughland.
Thus ſtood the Law till the Time of Queen Eliz. in the 5th, 18th, and 39th of whoſe Reign three ſeveral Statutes were made for the Repair of Highways. By that of the 5th, cap. [11] 13. ſect. 8. the Surveyors are required ‘"within one Month next after Default made contrary to the Statute of 2 & 3 Phil. & Mar. or this Act, to preſent ſuch Default to the next Ju⯑ſtice of the Peace, upon Pain to forfeit 40s. and ſuch Juſtice ſhall certify the ſame Pre⯑ſentment at the next General Seſſions, upon Pain to forfeit 5l. and the Juſtices of the Peace ſhall have Authority to enquire of any ſuch Default or Offence at their Quarter-Seſ⯑ſions, and to aſſeſs ſuch Fines for the ſame as they or any two of them, whereof one to be of the Quorum, ſhall think meet."’ The principal End of the Statutes of 18 & 39 Eliz. was the Clearing up certain Doubts that had ariſen upon the Conſtruction of the former Sta⯑tute, to inveſt the Surveyors with more extenſive Powers, particularly, as to providing Materials, and to increaſe the Number of Days Labour from four to ſix. Indeed one of theſe Statutes, viz. that of the 18th of the Queen, ſect. 2. enacts, that every Perſon (except ſuch as dwell in London) that ſhall be aſſeſſed to any Subſidy, to 5l. in Goods, or 40s. in Land or above, being none of the Parties chargeable for the Amend⯑ment of the Highways by any former Law, but as a Cottager, ſhall find two able Men yearly to labour in the Highways at ſuch Times as by the ſaid Statute are appointed. But how far this Law can be ſaid to be in Force, now the [12] Method of raiſing Money by Subſidy is diſcon⯑tinued, is Matter of Queſtion.
But afterwards, upon Conſideration, it was found, that in many Places of the Kingdom there was no Uſe for Carts and Teams, but that the Practice was to carry Materials on Horſes Backs, or by other Kinds of Carriage; it is therefore by 22 Car. 2. cap. 12. ſect. 8. enacted,
That in ſuch Places the Inhabitants ſhall ſend in ſuch their Horſes as are accuſtomed to that Labour, and their other Carriages as by any for⯑mer Statute is appointed for Carts.
Sect. 9. ‘"If any Perſon ſhall fail to make their Days Labour for repairing the High⯑ways, or neglect to ſend their Carriages, it ſhall be lawful for the Surveyors to make Complaint to the next Juſtices of the Peace, who are required, upon Proof, by Oath of one Witneſs, to levy by Diſtreſs and Sale of the Goods of every Perſon failing as aforeſaid (and not having a reaſonable Excuſe to be allowed by the Juſtices) the Penalties here⯑after mentioned, viz. for every Day Labourer 1s. 6d. for every Man and Horſe 3s. and for every Cart with two Men 10s. for every Day; which Penalties ſhall be employed for repairing the Highways."’
[13] Alſo, by Sect. 3. of this Statute, it is ‘"pro⯑vided, that where the Highways cannot be ſufficiently repaired before the Feaſt of St. John Baptiſt yearly, the ſame may be re⯑paired before the Feaſt of St. Luke, without incurring any Penalty."’
And by Sect. 12. ‘"the Surveyors ſhall be yearly choſen by ſuch Perſons as by an Act of 2 & 3 Phil. & Mar. cap. 8. is appointed, upon ſome Day in the Week that Chriſtmas Day ſhall be; which Perſons ſo choſen ſhall take upon them the Office, and ſhall appoint ſix Days for the providing Materials, and for working in the Highways, giving Notice publickly before the Days; and the Survey⯑ors ſhall make Return of the Defaulters with⯑in one Month to ſome neighbouring Juſtice of the Peace, who ſhall preſent the ſame at the Quarter-Seſſions next after ſuch Return; and the Offenders againſt this Act, in all Caſes not particularly directed, ſhall incur the Pe⯑nalties inflicted by the Laws now in Force for amending of Highways."’
It is obſervable, that the Word Teams is not made uſe of in any of the Statutes previous to this of 22 Car. 2. and that that Appellation, in⯑ſtead of fixing the Meaning of the Law, has unfortunately rendered it more vague and uncer⯑tain; for admitting, after what has been ſaid, [14] a Poſſibility that a Coach, Chariot, or Poſt-Chaiſe and two Horſes, might be deemed a Draught, yet that they ſhould ever be reckoned a Team, no one can imagine.
We may reaſonably enough ſuppoſe, that the former Statutes had been found defective in Re⯑ſpect to the Qualifications and Directions there⯑in contained, for the Election of the Surveyors. For,
By Stat. 3 & 4 Will. & Mar. cap. 12. ſect. 3. ‘"Upon the 26th of December in every Year, unleſs that Day be Sunday, and then on the 27th, the Conſtables, Headboroughs, Tyth⯑ing-Men, Churchwardens, Surveyors of the Highways, and Inhabitants in every Pariſh, ſhall aſſemble and make a Liſt of the Names of a competent Number of Inhabitants who have Hereditaments in their own Right, or that of their Wives, of the Value of 10l. by the Year, or a Perſonal Eſtate of the Value of 100l. or are Occupiers of Tenements of the yearly Value of 30l. or if there ſhall be no ſuch Perſons in the Pariſh, then the Liſt to be of the moſt ſufficient Inhabitants, and ſhall return ſuch Liſt unto two Juſtices of the Peace in or near the Diviſion, at a ſpecial Seſſion to be held within the ſaid Diviſion on the 3d of January or within fifteen Days after. And the Juſtices ſhall then, out of [15] the ſaid Liſts, by Warrant, appoint one, two, or more Surveyors of the Highways of every Pariſh within the Diviſion for the Year enſu⯑ing, which Appointment ſhall, by the Con⯑ſtables, &c. be notified to the Perſons ap⯑pointed within ſix Days after ſuch Nomina⯑tion, by ſerving them with the Warrants, or leaving the ſame or a Copy thereof at their Houſes, and the Perſons ſo appointed ſhall be Surveyors of the Highways for the Pariſh for the Year enſuing, and duly execute the Office, and if the Perſons ſo nominated and ſerved ſhall neglect or refuſe ſo to do, they ſhall for⯑feit 5l. to be levied on their Goods by Di⯑ſtreſs and Sale, and in Caſe of ſuch Neglect or Refuſal, Juſtices are empowered to appoint other Perſons."’
And by Sect. 13. of the ſame Statute, ‘"upon Notice given by the Surveyors to the Juſtices at their ſpecial Seſſions, and Oath made of what Money they have laid out upon amend⯑ing the Highways, the Juſtices, or any two of them, are empowered by Warrant to cauſe an equal Rate to be made for reimburſing the Surveyors upon all the Inhabitants of ſuch Pariſh according to the Methods preſcribed in an Act of 43 Eliz. cap. 2. for Relief of the Poor, which Rate being confirmed by the Juſtices in their Special Seſſions, ſhall be col⯑lected by the Surveyors."’
[16] But by Sect. 18. ſuch Aſſeſſment is not in one Year to exceed 6d. in the Pound for Lands, nor 6d. in 20l. for Perſonal Eſtate.
It has already been mentioned, that there had been a Variety of Opinions as to the Quantity of Land of which a Ploughland was ſuppoſed to conſiſt: it was therefore by the Stat. of 7 Will. 3. cap. 29. ſect. 5. declared that any Perſon that ſhould have in his Occupation Wood-Land or other Land to the Value of 50l. per Annum ſhould be deemed to have a Ploughland within the Statutes of Highways; notwithſtanding which, the Practice is to charge the Market-Gardeners about London, who are very numerous, only to the leſſer Statute Duty, though the Quantity of Ground that moſt of them occupy might juſtly ſubject them to the greater.
By the 1 Geo. ſtat. 2. cap. 52. ſect. 2. All Surveyors of the Highways are required ex Officio ‘"every four Months or oftener, if required, by Warrant, to give a true Account in Wri⯑ing upon Oath of the Condition of the High⯑ways, and of ſuch Defects as want to be re⯑paired, and of the Neglects of Labourers, and thoſe who are obliged to find Labourers or Teams, to the Juſtices at their next Special Seſſion. And all Surveyors neglecting to give ſuch Account ſhall ſuffer the ſame Penalty as [17] if they had refuſed to execute the Office."’ And that by the Statute of 3 Will. & Mar. cap. 12. ſect. 3. is 5l.
By Sect. 6. of the ſame Act, the Power of the Juſtices to make an Aſſeſſment is extended to the Caſe of Highways which are ſo far out of Order, that they cannot be repaired as they ought, without further Power than the Laws had then directed, and the Juſtices may cauſe Aſſeſſments not exceeding the Proportions limited by the Act of 3 & 4 Will. & Mar. cap. 12. and the Money to be diſpoſed of as by the ſaid Act is directed, though the ſix Days Work have not been performed; the raiſing Money by Aſſeſſ⯑ment not to excuſe the Work of any Teams or Labourers.
And here it may be proper to take Notice what the Senſe of the Law appears to have been in the Conſtruction of the Statutes above-cited; and firſt it ſeems
That a Highway may be either 1. a Foot-Way; 2. a Foot and Horſe-Way, which is alſo a Drift-Way; or 3. a Foot, Horſe, and Cart-Way. Co. Litt. 56.
That a Ploughland, or a Carve, or Hide of Land, may contain Houſe, Meadow, Paſture [18] and Wood. 4 Coke's Rep. 37. b. 9 Coke's Rep. 124.
That Perſons in Holy Orders are within the Purview of theſe Statutes in Reſpect of their Spiritual Poſſeſſions. 1 Hawk. P. C. 204.
That notwithſtanding the Words of the Statute of Phil. & Mar. extend only to the Occupiers of Lands, yet if the Owner neither occupy nor let them, but ſuffer them to lie freſh, he ſhall be charged. Ibid.
That he who keeps ſeveral Draughts in a Pa⯑riſh is bound to ſend a Team for each Draught, whether he occupy any Land in the Pariſh or not. Ibid.
Upon a very tranſient Retroſpect to the Laws above cited, we ſhall ſee that the Legiſlature ſeem to have thought it juſt, that the Burthen of repairing the Highways ſhould be borne by the ſeveral Claſſes of People into which it had arran⯑ged them, in Proportion to their reſpective Cir⯑cumſtances and the Uſe they might each of them be ſuppoſed to make of the Highways. And inaſmuch as theſe Laws are not in the Num⯑ber of thoſe, which, as ſome fanciful Legiſts have aſſerted, execute themſelves, it was neceſ⯑ſary to appoint proper Officers, whoſe Duty ſhould be in general to take Care of the High⯑ways, [19] and ſee that the ſeveral Laws enacted for their Preſervation and Amendment from Time to Time were complied with. And with regard to the Manner in which theſe Laws are executed, we alſo find, that in purſuance of the Authority given them by the Statutes above-mentioned, particularly that of 3 & 4 Will. & Mar. the re⯑ſpective Pariſh Officers and Inhabitants of every Pariſh throughout the Kingdom, do yearly at the ſtated Time for that Purpoſe, make Returns of a complete Number of Inhabitants qualified as the Act directs, to the Juſtices in their Seſſions, who thereout do, by their Warrant, appoint the Surveyors of every Pariſh within their reſpective Diviſions.—That the Money remaining in the Hands of their Predeceſſors is paid over to the new Surveyors.—That ſome Time in the Sum⯑mer a general Notice is publiſhed in the Pariſh Church, of the Six Days on which the Inhabi⯑tants are required to work on the Highways.—That on thoſe Days ſome attend, and others make Default.—That about St. Luke's Day in every Year a Return is made of the Defaulters to the Juſtices, who, if no Cauſe is aſſigned on a Summons iſſued by them for that Purpoſe, execute Diſtreſs Warrants, upon which the re⯑ſpective Penalties are levied; which it is ſuppoſed are applied in hiring Perſons to do that Labour, which the Law in the firſt Inſtance impoſes on the Defaulters themſelves.
[20] Before we proceed to point out the various Ways by which the ſalutary Purpoſes of the Legiſlature may be, and are defeated; it will be neceſſary to enquire how far the Laws now under Conſi⯑deration do at this Day conſiſt with that Juſtice and Equality with a View to which they were originally framed. The intelligent Reader need not be told, that the frequent Uſe, if not the Invention of Coaches, and all thoſe various Spe⯑cies of Wheel-Carriage, the ſole End whereof is the Conveyance of Perſons from one Place to another, is of far leſs Antiquity than the firſt of the Statutes above cited; and it is far from being Matter of abſolute certainty, that a Cart drawn by two Horſes only, is in Conſtruction of Law a Draught.
Dalton, who wrote before the Year 1619, ſeems to make it a Queſtion whether it is or no, when he ſays, ‘"I find that a Draught for the King's Carriages heretofore hath been ſome⯑times with two Horſes, as it ſeemeth by the Statute of Magna Charta, cap. 21."’ (The Words of the Statute be ‘"No Sheriffe, &c. ſhall take the Horſes or Carts of any Perſon for Carriage, except he pay for one Cart with two Horſes Ten-pence by the Day, and for a Cart with three Horſes Fourteen-pence by the Day); and therefore I think him that uſually goeth to Cart for his own Buſineſs [21] with two Horſes, to be chargeable to find a Cart and two Horſes for the Amending of the Highways, and to carry ſuch Loads as his two Horſes are well able to draw."’
Here we ſee the Author above quoted driven to the Neceſſity of reaſoning from Analogy, in Order to ſhew that a Cart which is conſtantly uſed for the Purpoſes of Huſbandry, and was an Implement in uſe ſo long ago as Magna Charta, if drawn but with two Horſes, is a Draught within the Meaning of the Statute of Phil. & Mar. and after all, his Opinion does not ſeem (as ſome others of his have) to have been adop⯑ted by any ſubſequent Statute, or eſtabliſhed by any Judicial Determination.
If this then is the Caſe in the Inſtance above⯑mentioned, what are we to think of that of Coaches, Chariots, and Poſt-Chaiſes, which have no Relation to Agriculture or Huſbandry, and were ſcarcely known at the Time of making the Statute? Or indeed, if we conſider that the Occupiers of ſuch Carriages are, throughout the Kingdom, exempted from the greater Statute-Duty, what can we think, but that there is no Law in Being, which, in reſpect to the Statute-Labour required of each of them, does diſtin⯑guiſh between the higheſt and loweſt Rank of Subjects?
[22] It has indeed been aſſerted, though on very ſlender Authority, that this Matter did once re⯑ceive the Determination of Sir Matthew Hale, whoſe Opinion is ſaid to have been, that Coaches and Chariots were included under the Appellation of a Draught, and that ſuch as kept them were liable to do Statute-Duty in like Manner as thoſe who kept Teams: but we have no authentic Report of any ſuch Deter⯑mination; and the Practice throughout the King⯑dom is to conſider ſuch Perſons merely as Houſe⯑holders.
There are ſome Propoſitions ſo evident, that they are incapable of Demonſtration; for which Reaſon it is ſufficient to ſay, that as the Law now ſtands, a Nobleman of the higheſt Rank that does not occupy 50l. a Year in Land, or keep a Team, (and there are many who do neither) and who is continually wearing the Highways with his Horſes and his Carriages, is legally chargeable with Six Days Labour in a Year, or the Pay⯑ment of Nine Shillings in Lieu thereof; and that the poor Day-Labourer, the Cottager, who has a Wife, and perhaps three or four Infant Chil⯑dren to feed and clothe, whoſe only uſe of the public Highway is the walking on it to and from his daily Labour, is chargeable preciſely to the ſame Amount.
[23] My Lord Coke ſomewhere obſerves, that thoſe Laws which impoſe a Penalty diſproportionate to the Offence, are very ſeldom executed; and the Reaſon is, that in all ſuch Caſes, the gene⯑ral Humanity both of thoſe that ſhould inform, and thoſe that ſhould convict, interpoſes; and ſo the Offender eſcapes with Impunity. The ſame may be ſaid of every Law that ſeems to be either unneceſſarily or inadequately ſevere; and to apply this Obſervation to the Caſe now be⯑fore us, we find that the lower Claſs of thoſe who are charged with Six Days manual Labour, from a Senſe of the Hardſhip of ſuch a Burthen, either do it partially, or not at all; and in the latter Caſe, being Contuments, they are liable to the Penalties, and ſo become amenable to the Juſtices for their Neglect.
The Power of the Juſtices in mitigating the Severity of the Law, is reſtrained to very few Caſes; the reaſonable Excuſe which the Statutes of 22 Car. 2. cap. 12. ſect. 9. and 1 Geo. cap. 52. ſect. 2. allow, cannot operate in the Caſe of a Perſon whom the Law has expreſsly charged, and ſuch as are unable to labour are ſpecifically diſcharged. To whom then are the Juſtices to extend this their Clemency? perhaps after all, to thoſe few Perſons only, whoſe ſhort Reſidence in a Pariſh would make it unreaſonable to charge them with any Statute-Duty. If then the Juſti⯑ces [24] are bound to iſſue their Warrant againſt every poor Defaulter for the whole of the Nine Shil⯑lings, and if every Commutation or Compoſition be, as undoubtedly it is, illegal; let it be conſi⯑dered how reluctantly this Power muſt neceſſa⯑rily be executed, and how much it is the Inte⯑reſt of every poor Man, rather than conform to the Law to diſobey it, and truſt to all the Chances in his Favour that it will never be exe⯑cuted againſt him.
With all due Deference, therefore, to the Wiſdom of thoſe concerned in framing them, we may venture to aſſert, that the Laws now under Conſideration, are at this Day, at leaſt, inconſiſtent with thoſe general Principles of Ju⯑ſtice and Equity, from which every Law in the Eſtimation of good Men, is ſuppoſed to derive its Authority.
Nor does the Statute of Phil. & Mar. appear at all more defenſible, if we conſider it in a politi⯑cal View: A Law without a Sanction is but a dead Letter, and ſuch does that appear to be, which we are now conſidering. Suppoſe a Far⯑mer is required by the Statute, as occupying a Ploughland, or keeping a Draught, to ſend a Team to work Six Days on the Highways, and that he is averſe to the Performance of this Duty, what is the legal Motive to Obedience in this Caſe? The Anſwer is, the Fear of incur⯑ring [25] the Penalty; but perhaps it may be more his Intereſt to incur the Penalty, than to avoid it. Let us conſider whether it is or not.
The Labour of a Cart, a Team, and one Man, is in moſt Places eſtimated at Ten Shillings a Day; If the Farmer lets them out to a neigh⯑bouring Gentleman, they will earn the Owner that Money; but if he ſends his Cart and Team with two Men to work on the Highways, the Labour of them all will excuſe him from the Pay⯑ment of no larger a Sum: ſo that if he lets out his Team and incurs the Forfeiture, he ſaves the Labour of one Man, and the Statute is ſo far from being penal in this Reſpect, that it is preg⯑nant with a Motive to Diſobedience; and this is certain, that no Man will ever ſend his Cart and Team to Highway-work, if he can either let them out or find Employment for them at Home.
In like Manner may the Day-Labourer argue with himſelf, and conclude, that if he muſt either actually perform, or forfeit the Price of Six Days Labour, the latter is as eligible as the former; with this Difference, that if he does his Work, it is a certain Loſs to his Family of a whole Week's Subſiſtence; whereas, if he omits it, the Payment of the Penalty is con⯑tingent.
[26] This Defect, it muſt however be confeſſed, is owing ſolely to the Diminution in the Value of Money ſince the enacting the Statute now under Conſideration. Biſhop Fleetwood, in his Chronicon Pretioſum, cap. V. has ſhewn, that in 1514. which was not a great many Years before this Statute was made, the Wages of a Labourer from Eaſter to Michaelmas, except in Harveſt, were Four-pence; and from Michael⯑mas to Eaſter, Three-pence by the Day: and though he has not mentioned it expreſly, we may there find Reaſons to conclude, that the Labour of a Waggon and Team with two Men, was worth about Two Shillings and Eight-pence by the Day. And by the Statute it appears, that at that Time, as it is now, the Penalty for every Day's Default of thoſe who were to ſend a Team, was Ten Shillings, and of thoſe who were to labour, One Shilling: now, if we compare theſe Forfeitures with the reſpective Duties they were intended to enforce, we ſhall find them to have been penal to a ſufficient Degree at the Time of making the Statute; but the Caſe is otherwiſe at preſent.
It has been urged, that whether the Perſon charged does actually perform, or pay the Price of his Duty, the Caſe is the ſame to the Public; inaſmuch as the Forfeiture will purchaſe juſt as [27] much Labour and Aſſiſtance as was originally re⯑quired of him; and if that is done, it is no⯑thing to the Public what Hands were employed in it.
In Anſwer to this, it may be ſaid, that it ſeems as if the Makers of the Statute thought otherwiſe when they made the Penalty in both Caſes more than treble the Value of the Duty required. Beſides, is it of no Conſequence to a State whether the Laws are obeyed or not? we all know, that the increaſe of penal Laws is one of the moſt inflaming Topics of popular Cla⯑mour, and that every additional Statute of that Sort, is an Addition to the Power of factious and deſigning Men to diſtreſs a Government. Is it not, therefore, of ſome Importance to the State whether a Law, which has ſolely the public Good for its Object, is conſtantly to wear the Face of a remedial or a penal one?
Let us now ſee in what Manner the Law at preſent under Conſideration is obſerved in thoſe few Pariſhes, where the Inhabitants are diſpoſed to yield Obedience to the Letter of it; the Days for performing the Statute-Duty are ſo far from being conſidered as Days of Labour, that as well the Farmers as the common Day-Labourers, have long been uſed to look on them as Holidays, as a kind of Receſs from their ac⯑cuſtomed [28] Labour, and devoted to Idleneſs and its concomitant Indulgences of Riot and Drunken⯑neſs. Beſides, as this Labour, where it is perform⯑ed, may in ſome Degree be ſaid to be voluntary, we are not to wonder, if ſuch as employ them⯑ſelves in it are leſs obedient to the Directions of thoſe whom the Law has appointed to ſuperin⯑tend it, than is conſiſtent with the due Diſ⯑charge of their Duty. What is the Benefit a⯑riſing from the Labour of twenty Men and as many Horſes, occupied in four or five different Stations within an extenſive Pariſh, compared with that of half the Number of each, working under the immediate Direction of an Officer, and executing a Plan which he himſelf has con⯑certed and ſees the Tendency and Advantages of?
And this naturally leads us to reflect a little how inadequate in reſpect of its Duration, is the Authority of the Surveyors, to the Ends pro⯑poſed in the Inſtitution of the Office: we will ſuppoſe a Surveyor to be, as the Statute of Will. & Mar. requires, a Man of Subſtance, and in⯑clined to execute the Office faithfully; and that he is what no Statute can make him, a Judge of Roads, and the Art of making and repairing them: whatever Schemes he ſhall form on his taking on him the Office, he has in Effect but Six Days to execute; we muſt therefore ſuppoſe [29] that he will hardly think of any Repairs, Alte⯑rations, or Amendments, but what may be done in that Time, by ſuch of the Inhabitants as have uſually preferred the doing their Statute-Duty to paying the Forfeiture. Beſides this inevitable Reſtraint on the Officer in reſpect to the Lati⯑tude of his Operations, we ſee he can have no Dependence on thoſe who ſhould execute them; and in Caſe they ſhould fail to aſſiſt, he, as will be immediately ſhewn, is deſtitute of a Reſource. For,
Suppoſe him deſirous of mending a foun⯑drous Way, and that, in Purſuance of the Di⯑rection in the Statute of 22 Car. 2. and with a View of getting it done before Harveſt, on the firſt Day of May, which is as ſoon as in many Places the Falling of the Waters will permit the Digging of Gravel, he gives Notice in the Church of the Six Days, and requires the Inhabitants to do their Statute-Work; and ſuppoſe alſo, that all thoſe whom he expects to attend do not come in; and that, in Favour of his Neighbours, he repeats this Notice, indulging them with further Time, and that after all they make Default, what is to become of the intended Repair, and how is the Way to be amended?
Why, it will perhaps be ſaid, Let the Sur⯑veyor apply the Forfeitures incurred by the ſe⯑veral [30] Defaults in the Hire of Teams and Men, and go on with his Work; very true, but firſt he is to receive them; in Order to which he is to enter upon a new Work; namely, to bring the Defaulters to Juſtice. And firſt he is to make out a Liſt of their Names, which when completed, is to be returned to the Seſſions, which may poſſibly be to be held either in a Week or in four Months after the Offence; the Juſtices upon this Return, of Courſe iſſue Summonſes for the Defaulters to ſhew Cauſe in a reaſonable Time, why they will not pay; after this, if they do not comply, Diſtreſs-Warrants are iſſued, before the Execution whereof the wet Weather ſets in, and there is an End of Road-Work for that Year. The Surveyor is then buſied in making up his Account againſt the January Seſ⯑ſions, or perhaps in defending Actions grounded on ſome Irregularity in the Notice, the due Publication whereof, or of the reſpective De⯑faults, not one in Fifty of them is ever prepared to prove: when January comes, his Account is paſſed, and he pays the Balance to the new Sur⯑veyor, who will have juſt the ſame Difficulties to encounter as his Predeceſſor.
And yet, perhaps, the worſt Conſequences are behind; every one knows, that the Law in general requires, that the Highways through⯑out the Kingdom ſhall be kept in Repair by the ſeveral Pariſhes of which they are Part. The [31] Law has eſtabliſhed a Form of Proceeding by Way of Indictment againſt the Pariſhioners, up⯑on which, if the Defendants are found guilty, they ſhall not be diſcharged by ſubmitting to a Fine, but a Diſtringas ſhall go in Infinitum till they repair. This Remedy may ſeem to have been founded on the Statute of Winton; yet by the Paſſage above quoted from Britton, it ap⯑pears to have been Part of the antient Common Law of the Realm, of which the Statute is but a Recognition.
The Statute of 5 Eliz. cap. 13. ſect. 8, 9. has preſcribed another Method of Proceeding, which, though ſeemingly different, is in Effect much the ſame as that of an Indictment, which is by a Preſentment of the Surveyors to the next Juſtice, who is to certify the ſame at the next General Seſſions, and the Seſſions is imme⯑diately to enquire of the Defaulters. Now, not⯑withſtanding the ſeeming Efficacy of the Word immediately, yet the general Opinion on that Clauſe of the Statute is, that the Certificate of the Juſtice in this Caſe, has not the Effect of a Preſentment, but muſt be turned into an In⯑dictment; to which, by the Rules of Law, the Offender may enter his Traverſe, and no Trial can be had, till the Seſſions after.
Each of theſe Methods of Proceeding ſeems liable to great Objection; for as to the firſt, the [32] Law does not diſtinguiſh thoſe who have done, from thoſe who have refuſed to do their Statute Work, but pronounces its Judgment indiſcrimi⯑nately againſt the whole Pariſh; from whence fol⯑lows this apparent Injuſtice, that the Innocent and the Guilty are involved in the ſame Puniſhment.
As to the Method of proceeding by Preſentment under the Statute of 5 Eliz. we ſhall ſoon ſee that it is not productive of that expeditious Juſtice which the Statute gives Reaſon to expect; for ſuppoſe twenty or thirty perſons are required to work on the Highways the Week after Eaſter Seſſions, and that they make Default, or refuſe to work when they are out, the Surveyor in ſuch Caſe is by the Statute of 5 Eliz. to preſent the Defaulters to the next Juſtice of the Peace, who is to certify this Preſentment to the next Gene⯑ral Quarter-Seſſions of the Peace, that is the Summer Seſſions following, when we will ſup⯑poſe the Defaulters are indicted; now, if it ſhould be Chriſtmas Seſſions before this Indictment can be tried, and ſooner it cannot well be, here is a whole Summer loſt, and nothing is done to the Repair of the Highways: for, from the Mo⯑ment a Proſecution is commenced, a total De⯑fection is ſure to follow, and there is an End of all legal Obedience; and if any Miſtake in the Manner of conducting it, or any Defect of Proof ſhould occaſion a Failure, the Offenders are [33] ſuppoſed to have triumphed over the Law, and it is odds if they ever after do any Duty.
The Delay and Expence of theſe Methods of proceeding are Objections common to them both, and it is moſt ardently to be wiſhed, that as well for theſe Reaſons, as becauſe of their Inefficacy, they were either totally aboliſhed, or ſo regula⯑ted as to be more effectual.
And here it may be proper to take Notice of the Difficulty that the Juſtices are under, with reſpect to the Meaſure of their Authority in the Caſe of Non performance of the Statute-Duty; for though it has been ſaid, that by the Statute of 5 Eliz. the Surveyors are to preſent the De⯑faulters to the next Juſtice, who is to certify the Preſentment to the Seſſions, yet the ſubſequent Statute of 22 Car. 2. cap. 12. ſect. 9. requires the Juſtice on the Oath of one Witneſs to levy the Penalties of 10s. and 1s. 6d. notwithſtand⯑ing which, ſect. 12 of the ſame Statute directs the ſame Method of Proceeding at the Seſſions as is preſcribed by the Statute of 5 Eliz.
Again, the Statute of 3 Will. & Mar. cap. 12. ſect. 9. enacts, that all Offences and Ne⯑glects reſpecting the publick Roads be preſent⯑ed by the Surveyor on Oath to ſome Juſtice of the Peace within the Diviſion: but the Act does not direct what is to be done with the Preſent⯑ment, [34] nor can any one conclude that the Ju⯑ſtice is to certify it, unleſs from the Second Section of the Statute, which enacts, that all the former Laws relating to the Highways ſhall be executed according to the Tenor of thoſe Laws.
Beſides all this, the Statute of 1 Geo. cap. 52. is ſo worded, that it ſeems doubtful whether all the Authority given by former Acts, as to theſe Matters, is not taken away, and the Ju⯑riſdiction veſted in the Special Seſſions.
There is an Inconvenience that attends the Diſcharge of the Surveyor's Office, different from thoſe already enumerated; for, whereas they are ſuppoſed to ariſe from Diſobedience to the Law, this is the Conſequence of a Com⯑pliance with it. The Statutes direct, that a ge⯑neral Notice be publiſhed in every Pariſh, re⯑quiring the Inhabitants to come in and perform their Statute-Work on the Six ſeveral Days mentioned in ſuch Notice; ſuppoſe then that they all attend and declare their Readineſs to Work, how are the Surveyors to employ them? In moſt Places the getting ready the Materials is a Step neceſſarily previous to working in the Re⯑pair of the Highways; Gravel muſt be dug be⯑fore it can be ſpread; and till that is done, not only Teams, but more than a few Hands are of no Uſe; and the Surveyor, by calling out the [35] whole Pariſh at once, puts himſelf in the hope⯑leſs Situation of a Magician, who, according to the vulgar Notion, having raiſed a Spirit whom he cannot employ, is immediately in his Power, and in Danger of being torn in Pieces. There are a few Inſtances of local Statutes obtained on the Application of particular Pariſhes, whereby the Labour is converted into a Rate; and this Me⯑thod, if it were univerſally practiſed, would un⯑doubtedly take away this and many other Ob⯑jections againſt the Law as it now ſtands: but as all the Acts of Parliament ſince that of Phil. & Mar. have proceeded to enforce the Statute-Duty, and as none of the many various Propo⯑ſals for amending the Highways, which have from Time to Time been ſubmitted to the Pub⯑lic, have ventured to aſſert the Expediency of annihilating that Duty, we may very juſtly con⯑clude, that the Reaſons in Favour of it lie deeper than is generally thought; and it would there⯑fore be great Preſumption in any private Per⯑ſon to ſay, that the ſame Advantages are to be expected from any Rate or Aſſeſſment, as are capable of being produced by a juſt and equi⯑table Apportionment of the Statute-Duty.
But to return to the Duty of the Surveyor; it has hitherto been admitted, that he is what every one would wiſh him to be, a ſkillful Man in the Buſineſs of Road-making; but what muſt be the Conſequence if we ſuppoſe him to [36] be otherwiſe? A Farmer, or if he is an Inhabi⯑tant of a Town, a Tradeſman, as ignorant of this kind of Buſineſs as Ninety nine Men in every Hundred throughout the Kingdom are found to be, what bleſſed Effects are like to follow from a Conteſt between Ignorance armed with Au⯑thority on the one Side, and invincible Obſti⯑nacy, to call it perhaps by a worſe Name than it deſerves, on the other!
Theſe are ſome, and but a few of the Diffi⯑culties that attend the Execution of the Survey⯑or's Office; but what are theſe, compared to thoſe of the Magiſtrates, who are to execute the Law in this Reſpect, as it now ſeems to ſtand? Imagine a Hundred or more of the moſt indi⯑gent Inhabitants of a Pariſh attending to aſſign Reaſons for not doing what in natural Juſtice they ought never to have been required to do. Imagine theſe Reaſons to be Poverty, a nume⯑rous Family, a Wife, and four, five, or more ſmall Children; Sickneſs, Lameneſs, and an Income of Nine Shillings a Week to provide for them all Food, Raiment, and other Neceſ⯑ſaries, and think whether that Authority is to be envied, which the Magiſtrates are ſworn to exert in the enforcing Obedience to perhaps one of the moſt oppreſſive Statutes that ever yet received the Sanction of public Aſſent.
[37] In the Courſe of the above Reflections it has been aſſumed, that the Surveyors are in general diſpoſed to purſue the Directions of the Law in the Execution of their Office; but in Truth it is very ſeldom that they do ſo: one Error into which they almoſt univerſally run, is, the con⯑ſidering the reſpective Forfeitures for every Day's Default as a Tax or Rate, than which nothing can be more abſurd; in Conſequence whereof their Practice is, as ſoon as they enter into their Office to aſſeſs ex Officio every Inhabitant in a Sum proportionable to the Labour required of him, which they proceed to collect with as little He⯑ſitation as the proper Officers do the Poor's Rate; whereas it is evident, that theſe ſeveral Sums are not due till the Perſons on whom they are charged have made Default. And this Er⯑ror naturally induces a general Inattention to the Manner of publiſhing the Notice, which they ſuppoſe is to operate againſt only a few, and therefore is but little more than Matter of Form.
There are two Miſchiefs that attend this Prac⯑tice, the one of a private, and the other of a public Nature; the one is, that every Indivi⯑dual of whom Money has been collected in this Manner, has undoubtedly his Action at Law againſt the Surveyor for the Sum ſo collected of him; the other is, that when the Notice has [38] been ſo negligently given, as that the Publica⯑tion thereof cannot be proved by an unintereſted Witneſs, a Perſon not himſelf liable to do Sta⯑tute-Work in the Pariſh, who can ſwear to the Reading it by the Clerk, and is prepared with a Copy of what he heard read, it is odds but every Shilling of the Money forfeited is loſt to the Pariſh.
This Behaviour of Surveyors, as alſo that Corruption which we ſee daily practiſed by them in garbling the Inhabitants of a Pariſh, commu⯑ting with them for their Duty, receiving of ſome five, of others four Shillings, half a Crown, or what many of them like better, a Bowl of Punch, are puniſhable by a Fine of 5l. which the Juſtices in their Seſſions have Power to im⯑poſe; though a much ſeverer Puniſhment-would await an Officer who ſhould dare to abuſe his Truſt in ſuch a Manner.
But this, and many other Evils of the like Na⯑ture, are in a great Meaſure owing to the Practice of electing Tradeſmen, and Perſons in a Situa⯑tion neceſſarily dependent and ſubject to Influence, into parochial Offices. There are many Pa⯑riſhes in this Kingdom, where all the Offices of Churchwarden, Overſeer of the Poor, Surveyor of the Highways, and Conſtable, are borne by a few of the Inferior Inhabitants in a Rotation ſo quick, as hardly to allow of a ſingle Year's Re⯑ſpite [39] for any one of them; while the Gentle⯑men, perhaps from a Contempt of an Employ⯑ment which requires little more than to be able to write and keep a Year's Account, or for other Reaſons, ſit by and ſee the Public de⯑frauded and the Law eluded. There is an Ob⯑ligation which every Man is under, who parti⯑cipates in the Benefits that accrue to Society from Government and Laws, which will render it very difficult for thoſe who are qualified, and are un⯑engaged in Trades or Profeſſions, to find an Ex⯑cuſe for ſuch Supineneſs, thoſe who can do it are welcome to all the Satisfaction it can afford them. A Method which has been practiſed in ſome Pariſhes, and is conſtantly purſued in a very conſiderable one adjacent to the Metropolis, of joining a Gentleman of large Fortune, or per⯑haps a Nobleman, with a Tradeſman, in a pa⯑rochial Office, has been found to produce con⯑ſiderable Advantages; and were it to become univerſally a Faſhion, the Public would ſoon be ſenſible of its good Effects.
Such are the Inconveniencies the Public feel, and the Hardſhips that the lower Claſs of People endure in the ſeveral Particulars above inſiſted on; the repeated Complaints of thoſe who are moſt affected by the Inequality of the High⯑way-Laws, have never yet prevailed further than to produce ſuch Amendments and Alterations from Time to Time as the immediate Exigencies [40] of the Caſe ſuggeſted. How far the Laws in this Reſpect are even now ſhort of that Degree of Perfection which they are capable of being wrought up to, we may in ſome Meaſure col⯑lect from the Sentiments of Mr. Burn, who ſays that ‘"Moſt of the Books are remarkably confuſed under this Title, occaſioned by a Mul⯑tiplicity of Statutes ſtanding unrepealed, and yet altered perhaps five or ſix Times or oftener, by ſucceeding Statutes."’ Burn's Juſtice, Tit. Highways, at the Beginning.—He afterwards gives his Senſe of this Matter more at large in the fol⯑lowing Terms; ‘"Notwithſtanding that the Wiſdom of the Nation hath been employed for above Two hundred Years in redreſſing the great Evil of bad Roads, yet, excepting in ſome Caſes, where Turnpikes have been erected, the Roads are as bad now as they were in the Days of Philip & Mary; and the Defect is in many Places not ſo much the Want of Hands, as of proper Direction. The ſame Multitudes which aſſemble to demoliſh a Turnpike at the Hazard of their Liberty and Lives, are able, and I doubt not would be willing, if rightly inſtructed, to make the Roads good without paying Turnpike-Tolls: but the Misfortune is this, although the Laws have provided that the Surveyors ſhall be choſen out of the more ſubſtantial Inhabitants, yet when that is done, ſcarce one of them in Five hundred knows how to make a good [41] Road; and if he does, his Power continues in Effect but Six Days, and his Succeſſor pro⯑bably hath other Schemes and Notions, and the Road is made never the better. Hence it is, that when the People aſſemble to repair the Highways, if indeed they do aſſemble, they ſpend the Time in Diverſions and ma⯑king Bargains, and other idle Amuſements, and why ſhould they not? they may as well meet and do nothing, as work hard, and to no Purpoſe. And from ſo many Years Ex⯑perience the Caſe will never be any otherwiſe unleſs the Juſtices of the Peace, or others in like Manner, as the Turnpike-Truſtees, ſhall have Power given to them by Act of Parlia⯑ment to appoint general Surveyors within pro⯑per Diſtricts, with Salaries, to lay out the Roads, and attend and direct the Work, and ſee the Statute-Labour well performed. And this may be effected without any new Aſſeſſ⯑ment or Charge: half the preſent Aſſeſſment of Six-pence in the Pound, or even leſs than half, would be ſufficient in many Places both to find Salaries, and to widen and purchaſe Roads where needful; and the People, when they ſhould find the Benefit of their Labour, would work with Chearfulneſs.’ Burn's Juſt. Highways.
There is nothing in the Paſſage above cited that indicates a Neceſſity for annihilating the [42] Statute-Duty; on the contrary the Author's Pro⯑poſal for an Alteration of the Laws ſeems to im⯑ply the Continuance of it; and indeed it is well worthy the Attention of Parliament how far it may be prudent to indulge the People in their preſent Belief of the Omnipotence of Wealth. The Practice of commuting with Money for Per⯑ſonal Services and manual Labour will ever tend to render them Scandalous. Homer, whoſe Writings are ſuppoſed to exhibit a very juſt Pic⯑ture of the antient Modes of Living, ſeems to have thought it no Degradation of a Hero to make him his own Cook; on the contrary, in the pre⯑ſent refined State of human Manners, it would be reproachful for a Perſon of but ordinary Rank to perform many of the Functions neceſſary to his own Support; the Time may come when Agriculture and other rural Employments will be as diſhonourable in England as they have long been in Spain; and when the Evil of bad Roads will be more tolerable than the Diſgrace of having contributed any otherwiſe to the A⯑mendment of them than by a Diſplay of that Opulence which ſeems now to be the moſt de⯑ſirable Diſtinction between Man and Man. With good Reaſon therefore did the antient Policy of our Conſtitution render the baſeſt Services ho⯑nourable, by converting them into feudal Te⯑nures, and requiring the Nobility to do that for their Sovereign which they would now diſdain to do for themſelves.
[43] The Objections which Mr. Burn makes are in Truth reducible to two, the Multiplicity of the Laws in the Inſtance now under Conſidera⯑tion, and the ill Direction of the Power given by them; the latter of theſe Inconveniencies may undoubtedly be remedied, by committing that Power to thoſe who have no Temptations to abuſe it; but the former is an Objection of Weight, is of general Importance; and requires a very ſerious Attention.
The Statutes relating to the Amendment and Repair of the Highways are not fewer than twelve in Number, made at different Times as Neceſſity required, and abounding with Clauſes which the utmoſt Skill in the Modes of legal reaſoning will not enable us to reconcile. Clauſes in the older Statutes have been ſuffered to ſtand unrepealed, though ſuch Clauſes were altered and amended by ſubſequent Acts; different Pe⯑nalties have been inflicted for the ſame Tranſ⯑greſſion by different Statutes, all of which are yet ſuffered to ſubſiſt; and thus the Highway Laws have inſenſibly accumulated to ſuch a De⯑gree as to become a Subject of univerſal Com⯑plaint.
It is true, that the Multiplicity of our Statute Laws has been ſo long lamented, that Objections of this Sort are looked on as trite; and as they [44] contain nothing but what has been urged before, unworthy the public Attention. It is near twenty Years ſince Monteſquieu endeavoured to palliate this Misfortune by remarking, that the Multiplicity of the Engliſh Laws is the Price that the People of that Country pay for their Liberty; but what Equivalent can they expect for that Premium, when the Laws become ſo numerous, that they cannot be executed; and thoſe whom they were intended to bind are thereby in Ef⯑fect abſolved from their Obedience? what Rea⯑ſon there is to fear that this may one Day be the Caſe, will appear on reflecting on the enormous Increaſe in the Volume of our Statute Book within theſe few Years. Six Years after the Revolution two Folio Volumes contained the public Statutes in Force from Magna Charta. By the Seventh Year of the late King they were grown to Six; and at the Expiration of the Thirtieth Year of his Reign, which was Twenty three Years after, they amounted to Nine; during which Period not a ſingle Seſſion paſſed that did not add ſeveral Sta⯑tutes to that incredible Number which the Juſti⯑ces already had in Charge to ſee executed.
What a tremendous Proſpect then has the Ma⯑giſtrate before his Eyes, who reſolves to diſcharge his Duty by the legal and conſcientious Exertion of his Authority! Lambarde, that learned and ſaga⯑cious Writer, and faithful Servant of the Public, in his Eirenarcha, written ſo long ago as the [45] Reign of Queen Elizabeth, enumerates but eight Statutes that concerned the Juſtices of the Peace; which, in his quaint Way of expreſſing himſelf, were then thought, a Load ſufficient to break the Back of any Juſtice, and now thoſe Statutes are encreaſed to a Number not far ſhort of Two hundred.
Indeed the Legiſlature have in ſome few Inſtan⯑ces yielded to the preſſing Neceſſity of the Times, and conſolidated ſeveral Statutes relating to one common Subject, particularly in the Caſes of the Navy and Militia Acts, into one general Law: this Method was originally ſuggeſted by the great Lord Verulam to his Maſter James the Firſt, and we find in the Journals of the Houſe of Com⯑mons 18 Car. 2. a Vote ‘"That a Committee be appointed to confer with ſuch of the Lords the Judges and other Perſons of the Long Robe, who have already taken Pains and made Pro⯑greſs in peruſing the Statute-Laws, and to conſider of repealing ſuch former Statute-Laws as they ſhall find neceſſary to be repealed, and of Expedients of reducing all Statute-Laws of one Nature under ſuch a Method and Head as may conduce to the more ready underſtand⯑ing and better Execution of ſuch Laws."’ Journals of the Houſe of Commons, Octob. 4. 18 Car. 2. The ſame Propoſal has been often reiterated with Reſpect to the Laws relating to the Poor, but without Effect; and, except the [46] Inſtances above-mentioned, it has never yet been carried into Execution.
Whoever has been uſed to turn over our Statute Book will have other Reaſons than thoſe above aſſigned, to wiſh that ſome ſuch Regulation as this may ſoon take Place in the Inſtance now before us; for, not to mention the Confuſion that neceſſarily follows from the frequent mili⯑tant Clauſes to be met with in many of them, the very Language of ſome of our Statutes is very inartificial, and reflects but little Honour on thoſe that framed them. There is a Statute of 4 Geo. cap. 7. relating to Button-making, which Burn calls a looſe, injudicious, and ungrammatical Act and adds, that it may well enough ſeem to have been drawn up by Taylors or Button⯑makers themſelves: the Perſpicuity and Preci⯑ſion of many of our old Statutes are ſtanding Evidences how much our Anceſtors exceeded us in the Science of Legiſlation. Magna Charta, allowing for ſome Barbariſms made inevitable by the Uſe of a Language extinct long before the Objects of that Law had any Exiſtence, is in theſe Reſpects a model of Perfection; and the Statute De donis conditionalibus, the Sta⯑tutes of Uſes, and of Frauds and Perjuries are admirable Efforts of human Wiſdom and Po⯑licy.
For the Reaſons above ſtated, it is with all due Deference apprehended, that the ſeveral Sta⯑tutes [47] now in Force relating to the Highways ſtand in need of a Review; and that thoſe Sta⯑tutes may be ſo altered, amended, and improved, as to be clear of moſt of the Difficulties that at preſent obſtruct their Execution, that half the Labour and Expence which the Public are at preſent at, would ſuffice to keep the Highways in as good Condition as the Turnpike-Roads are now in; and that the Burthen of amending them from Time to Time might be impoſed in ſuch a Manner as to do no Injury to the Rich, and take away all Poſſibility of Complaint from the Poor; and laſtly, that an Act of Parliament calculated with theſe Views, might be ſo framed as to be as eaſy in its Execution, as laudable in its Deſign.
The principal Objects to be attended to in the framing a Law for theſe Purpoſes, are, that the Burthen thereby to be laid on the Public be pro⯑portionable to the reſpective Circumſtances and Abilities of thoſe who are to bear it, and that thoſe who make the greateſt Uſe of the High⯑ways ſhould contribute moſt to keep them in Repair. More particularly Care ſhould be taken to extend the Qualification of 50l. a Year to Houſes, Lands, and every other Species of Te⯑nement and Hereditament lying, as the Law phraſes it, in Livery. The Tax on Gentlemen of large perſonal Eſtates, and who keep Coaches, Chariots, and other Wheel-Carriages ſhould be [48] adjuſted in a Compound Ratio of their Wealth, and the Uſe they are ſuppoſed to make of the Highways. Thoſe who ſhall have the Super⯑intendence of the Highways ſhould be Perſons of greater Property than are uſually appointed to that Office; and, perhaps it might be expedi⯑ent to inveſt the Juſtices with an Authority to appoint ſome one Perſon ſkilled in the Buſineſs of Road-making as a Kind of perpetual Survey⯑or, removeable nevertheleſs at Pleaſure, and whoſe Buſineſs it ſhould be for a Salary to lay out the Roads and attend and direct the Work, as thoſe do who are appointed by Turnpike Truſtees, and who ſhall be amenable to the Juſtices, and anſwerable at Law in like Manner as the Surveyors at preſent are.
The above Obſervations ſufficiently ſhew the Neceſſity and the Juſtice of inſtituting a new Claſs of Contributors to the Repair of the High⯑ways; namely, Perſons who keep Coaches, Chariots, or other Wheel-Carriages. When that is done, the Proportions in which they are re⯑ſpectively to contribute may be adjuſted thus:
Let Ten Days be appointed for the Amend⯑ment of the Highways inſtead of Six, and let every Perſon occupying two or more Ploughlands ſend a Draught on every of thoſe Days, and let him that occupies only one Ploughland ſend a Draught five Days only, on Pain to forfeit in the firſt [49] Caſe, and alſo in the other 30s. for every Day's Default. Perſons occupying divers Ploughlands in divers Pariſhes, ſhould ſend a Draught five Days for each Ploughland. Thoſe who are not to ſend a Draught may be charged according to the following Scheme.
| Perſons occupying 40l. a Year to ſend a Labourer. | 10 Days, | |
| 35l. | 9 | or forfeit 4s. a Day. |
| 30 | 8 | |
| 25 | 7 | |
| 20 | 6 | |
| 15 | 5 | |
| 12 | 4 | |
| 9 | 3 | |
| 6 | 2 | |
| 3 | 1 | |
But as all the Inhabitants are not to work on every one of the Ten Days, and to prevent the aſſembling of more of them than the Surveyors can employ, the Surveyors, beſides publiſhing Notice in the Church, ſhould have Power given them to call out by Summons in Writing the ſeveral Perſons by ſuch Numbers at a Time as they ſhall find neceſſary.
Perſons who keep Coaches, Chariots, or Poſt-Chaiſes for their own Uſe, and not for Hire, and are not charged as Land-holders, ſhould pay 10s. if with four Horſes 15s. and if with ſix Horſes [50] 20s. a Year, over and above their Proportion of Labour.
This Mode of Taxation, it is to be obſerved, is calculated rather to preſerve the Highways in a continual State of Repair, than to anſwer immediate Exigencies; it will therefore be neceſſary to continue the Power of making Aſ⯑ſeſſments in the Manner preſcribed by the Laws now in Force, which Power may be exerciſed either for immediate Improvements, or in Aid of the Statute-Duty.
Something alſo ſhould be done with Reſpect to Evidence. It is an unconteſted Rule in Law, that no Perſon can be a Witneſs to a Fact which will either directly or conſequentially affect his own Intereſt: The Law in a general View is doubtleſs very reaſonable that thus diſqualifies a Man, and yet his Intereſt may be ſo ſmall or ſo remote in a particular Inſtance, as to contribute no more towards determining his Evidence than a ſingle Hair does to the Trepidation of a Scale-Beam capable of ſuſpending a Ton Weight; notwithſtanding which the Law knows no Dif⯑ference in Degree, and its Care to prevent the Operation of inſenſible Prejudices is uniformly the ſame in all Caſes. How great that Care is ſuppoſed to be, we may infer from the Conduct of the late Lord Raymond, in an Inſtance yet in the Memory of Perſons now living, who, being Lord Chief Juſtice of the Court of King's Bench, [51] becauſe he lived in the Pariſh of Abbot's Langley in the County of Hertford, went off the Bench when an Order relating to that Pariſh came be⯑fore the Court. See Strange's Reports 1173. It is doubtleſs for Reaſons of this Kind, that a Freeman of a corporate Town is no legal Wit⯑neſs to a local Cuſtom within that Town, and the Practice is for ſuch a one in that Caſe to ſuf⯑fer himſelf to be diſenfranchiſed before he gives his Evidence. In the Caſe now under Conſide⯑ration, a Pariſhioner who ſhould ſwear to any of the Facts which make a Part of that Chain of Evidence requiſite to juſtify a Diſtreſs on a Defaulter, ſuch as the Publication of Notice of the Six Days appointed for doing the Statute Work, the Non-Attendance of the Defaulter, the Service of the Summons to ſhew Cauſe, &c. would by ſuch his Evidence contribute to exonerate the Pariſh and himſelf as a Pa⯑riſhioner, from an Aſſeſſment which the Non⯑performance of the Statute-Labour might make neceſſary; it is therefore apprehended, that no Pariſhioner is a competent Witneſs in this Caſe, and that even the Pariſh-Clerk could not be examined to prove the Publication in his Church of Notice of the Six Days, even though he read it himſelf, nor in ſhort can any one be a Witneſs for this Purpoſe but a Stranger in the Pariſh, or a Servant, or other Perſon not liable to do Statute-Duty. We know, that in Favour of Juſtice, the Law has frequently interpoſed to remove legal Diſabilities of Witneſſes and others: [52] By a late Statute, the Teſtimony of Perſons in⯑tereſted in the Eſtabliſhment of a Will is ad⯑miſſable to prove the Execution of it in parti⯑cular Caſes. By a Statute of 16 Geo. 2. cap. 18. Juſtices may execute the Laws for puniſhing Vagrants, repairing the Highways, and the other Laws concerning parochial Taxes, Levies, or Rates, notwithſtanding they are rated or chargeable with the Rates within any Place af⯑fected by ſuch their Acts. And by 26 Geo. 2. cap. 31. for licenſing Ale-Houſes, any Perſon ſhall be a competent Witneſs upon any Infor⯑mation or Complaint for any Offence againſt that Act, notwithſtanding ſuch Perſon be an In⯑habitant of, or charged to the Payment of any Rates for the Relief of the Poor of any Pariſh or Place where ſuch Offence ſhall be committed, and a Clauſe of Two or three Lines would ſup⯑ply the Defect here complained of, ſave conſi⯑derable Sums, and prevent vexatious Suits in many Pariſhes.
The Advantages ariſing from the Uſe of broad Wheels are ſo apparent, that it would be need⯑leſs to inſiſt on them; this is certain, that by means of them the Price of Carriage from York to London has been reduced 40 per Cent. Whe⯑ther it be not practicable to render the Uſe of them ſtill more general, may be worthy Conſi⯑deration. At preſent they are found not to ſuc⯑ceed ſo well in croſs Ways as in the great [53] Roads; the former are in moſt Countries ſo con⯑fined by the Incloſures on each Side, as to ad⯑mit of but one Track; whereas, were Power given to the Juſtices to widen thoſe Ways enough to allow of quartering, the Uſe of broad Wheels would become univerſal, and produce the ſame Benefit as in the great High Roads; where, as has often been obſerved, they do the Office of a Roller.
The miſchievous Practice of riding in Carts is not yet ſufficiently checked by the many Laws lately made to prevent it: certainly there is as much Reaſon to empower a Juſtice to convict on a View of this Offence, as in any other Caſe where this Power is given.
In the penning of ſuch a Statute as is here propoſed, Regard ſhould be had to the Deter⯑minations of Courts, particularly of the King's Bench on Appeals from Seſſions upon particu⯑lar Points, and thoſe Clauſes that have been en⯑forced by any ſuch Determinations, ſhould be carefully preſerved; as on the contrary, thoſe that have been condemned or adjudged nugatory ſhould be amended or totally rejected.
It has been urged as a general Argument a⯑gainſt an Alteration of the Highway-Laws, with Regard to the Proportion of the Statute-Labour, that the ſeeming Inequality of the Law is at laſt [54] ſet right by the Advantages accruing to the Poor from the Cheapneſs and Plenty which reſult from good Roads, and a ſpeedy Conveyance of the Neceſſaries of Life: But are theſe Advanta⯑ges peculiar to the Poor? do not the Rich par⯑take of them? nay, have they not by much the greateſt Share? A poor Labourer, who earns 9s. a Week pays yearly a two-and-fiftieth Part of his Year's Income for theſe Advantages, whatever they are; does a rich Man pay after that Rate? Is there any Gentleman of a Thou⯑ſand Pounds a Year in the Kingdom, though he keeps a Coach, and wears the Roads more in a Week, than ſuch a Man can poſſibly do in ten Years, who pays Nineteen Pounds a Year to the Highways?
There are, it muſt be confeſſed, ſome Preju⯑dices of a different Nature againſt the inferior Claſs of People in this Kingdom, which ſeem to ſtand in the Way of any Regulations of this Sort in their Behalf; namely, their extreme Licen⯑tiouſneſs beyond what is ſeen in other Countries, their Contempt of Religion and the Laws, their Want of Reſpect for their Superiors, their Idle⯑neſs, Profaneneſs, Intemperance, and a Num⯑ber of other Vices.
Before we proceed to refute the Arguments commonly deduced from theſe Premiſſes, let us enquire whether the Fact has any Foundation [55] or not. It is certain, that the lower Sort of People amongſt us are neither ſo diſſolute nor ungovernable as they have been in Times which we have been taught to look on with more Reverence than perhaps is due to them. Tu⯑mults and Inſurrections are much leſs frequent than they were formerly; and thoſe who mag⯑nify the Vices of the common People, and repre⯑ſent them as leſs obedient to Government than heretofore, forget that they have within theſe very few Years ſeen Thouſands of theſe People ac⯑tuated by ſome one common Principle, what⯑ever it has been, forſaking their Relations and Friends, expoſing their Lives in Defence of their Country, and extending the Reputation of its Courage and Humanity beyond that of any Na⯑tion in the World.
As to their Intemperance, it has never been ſo great as to be beyond the Power of Laws to reduce it within tolerable Limits: thoſe lately made to reſtrain the Uſe of ſpirituous Liquors are Inſtances how much it is in the Power of a Legiſlature to effect.
But admitting the Juſtice of the above Charge, and that the lower Sort of People are ever ſo diſſolute, ſhall we therefore deny them Juſtice? for that as far as it concerns them, is all that is now contended for; ſhall we refuſe to diſcharge them from a greater Load of public Duty, [56] than they are able to bear, at the ſame Time that we are, with a Zeal unequalled in any pre⯑ceding Age, and with a Charity as ſincere as it is wild and injudicious, anticipating their Wants, ſetting their ſelfiſh and ſocial Affections at Va⯑riance, and even laying in their Way Tempta⯑tions to Idleneſs, and thoſe other Vices of which we accuſe them?
The Truth of the Matter is, that Subjects of this Nature, ſtrictly ſpeaking, are Part of the grand Science of Politics, the very firſt Prin⯑ciples whereof very few are able to conceive, and which ſtill fewer are able to reaſon about, who can pretend to ſay how much the Immorality of any People exceeds that Degree of it which ſeems to be interwoven in the Conſtitution of the moral World? All that concerns us as Men, is to diſcourage it as much as poſſible, for which Purpoſe it has ever been the Practice of wiſe Legiſlators to conſider human Nature as it really is, rather than as what they would wiſh it to be, to encourage Virtue, and keep down Immora⯑lity by proper Sanctions, and ſo to temper the various and conflicting Appetites and Humours of Mankind, as to produce good upon the whole.
There are various Cauſes which contribute to produce that Licentiouſneſs of which we ſo much complain; one of the moſt prevailing ſeems to be the little Attention that Men at this Day are [57] diſpoſed to pay to Virtue as it reſults from Prin⯑ciple; our very Modes of Expreſſion imply our Diſregard of it; we no longer ſay of a Man, that he is a Man of Integrity, or Probity, or that he is beneficent or charitable, but that he has a good Heart, is a good Sort of Man, or a good Creature; for which cant Phraſes we are in⯑debted to the fertile Invention of a deceaſed Wit, whoſe Writings, paltry and flimſy as they are, it is to be feared, may do more Miſchief to Society than thoſe of Hobbes or Spinoza. The inevitable Conſequence of that looſe Syſtem of Morality by which the real or ſuppoſed Good⯑neſs of a Man's Intention, and not the Dictates of thoſe who have a Right to govern, is made the Rule of his Conduct, is the Contempt of all poſitive Inſtitutions, of Law, of Religion it⯑ſelf.
The Law, conſidered as a Rule of Action, and as calculated to extend and improve the Bleſſings of ſocial Life, is, next to Religion, an Object the moſt venerable; but ſuch is the Temper of Mankind, that they look on it with Abhorrence, and form Confederacies to defeat its Purpoſes: neceſſary Penalties to enforce the moſt beneficial Statutes are conſidered as Infrac⯑tions of private Liberty, and it is much leſs criminal in the Eye of the Public to offend a⯑gainſt ſuch a Law, than it is to aſſiſt in bringing the Offender to Juſtice; the Man who inſtead [58] of driving, rides in his Cart, in Contempt of the Law, and at the Riſque of the Lives of his Fel⯑low ſubjects, is far leſs odious to the Populace than he who ſhall inform againſt him; and thus it may be ſaid that the Laws and the People are in a State of perpetual Hoſtility.
The State of Magiſtracy is therefore ‘"a pain⯑ful Pre-eminence,"’ in which a Man becomes odious by doing Good; and he whoſe public Spirit would induce him to take upon himſelf the trouble of procuring Obedience to the Laws of his Country, muſt relinquiſh the Endeavour if he has not alſo Fortitude enough to deſpiſe the ſecret Malevolence of thoſe who have formed an erroneous Judgment of the Extent of civil Li⯑berty, and the clamourous Invectives of others who conſider the ſlandering and traducing the Characters of all in Authority, as the Birth⯑right of an Engliſhman.
For this Reaſon we ſee ſo many Perſons whoſe Knowledge and Abilities enable them to promote the Quiet, Safety, and Happineſs of Mankind as Magiſtrates, decline that Service, and a Truſt of the greateſt Importance to the Lives and Liberties of Engliſh Subjects executed in ſome Inſtances by Mercenaries; but it is ſure⯑ly to be wiſhed, that inſtead of indulging a ſelfiſh Indolence and Timidity, they would exert themſelves in the common Cauſe, and endeavour [59] to avoid the Obloquy, which ſo generally attends the producing remote [...]nd general good, by in⯑flicting the immediate and particular Evil of Pu⯑niſhment, not by eluding the Duty, but by ſhewing that they diſcharge it upon Principles of true Benevolence, and that while they diſ⯑tinguiſh themſelves in their public Capacity, by their Diligence and Activity to mark and to puniſh Offences, they would alſo recommend themſelves in private Life, by the Exerciſe of thoſe milder Virtues, which give Luſtre to the moſt exalted Station.
The Service of the Public is indeed declined in ſome Inſtances, which admit of no Apology. Can it be thought that our early Forefathers ever imagined that a Time would come when nearly all the Freeholders of a whole County ſhould ſubmit to an annual Contribution, levied by the meaneſt of its Servants, the legal Retinue of a Sheriff, to avoid ſerving on Juries? or that the Legiſlature would ever find it neceſſary to hire Men of Eſtates to do that Duty which every Friend to Liberty ſhould rejoice at being called to?
Inſtances of public ſpirit, however, are not wanting among us. What Difficulties, what Diſcouragements, have thoſe Gentlemen ſur⯑mounted, who, from the nobleſt Motives have laboured in the Eſtabliſhment of a national Mi⯑litia, [60] a Meaſure to which, next to the Pro⯑vidence of God, this Country may be ſaid to owe its Salvation!
But whatever are the Faults of the Times, it certainly behoves every Government to provide that the Laws are at leaſt free from Oppreſſion or Inequality: thoſe which are here examined are manifeſtly not ſo; and whoever has Weight and Intereſt enough to procure ſuch Alterations and Amendments of them, as upon a careful Review may be found to be neceſſary, will by exerting his Endeavours for that End, perform for his Country a moſt acceptable Service, and endear his Memory to lateſt Poſterity.
A BILL FOR Comprehending and reducing into one Act of Parliament the ſeveral Laws now in Force, relating to the High⯑ways within that Part of Great Bri⯑tain called England.
[61]WHEREAS the neceſſary Intercourſe between the trading and other Towns, Pariſhes, and Places within this Kingdom, is greatly obſtructed by the Badneſs of ſuch of the Highways as are not under the Direction and [62] Management of Turnpike Truſtees; and Where⯑as the Proviſions contained in divers Statutes heretofore made for the Amendment and Repair of ſuch Highways, have not only been found in⯑effectual for thoſe Purpoſes, but are at this Day in many Reſpects a great Burthen and Hard⯑ſhip on the Houſholders, Cottagers, and La⯑bourers, by ſeveral of thoſe Statutes required to work in the Amendment and Repair of the Highways. May it pleaſe your moſt Excellent Majeſty, that it be enacted, And be it Enacted, by the King's moſt Excellent Majeſty, by and with the Advice and Conſent of the Lords Spi⯑ritual and Temporal, and Commons, in this preſent Parliament aſſembled, and by the Au⯑thority of the ſame,
Inhabitants of every Pariſh to return the Names of the Per⯑ſons to be Surveyors of High⯑ways, and the Juſtices to ap⯑point two or more for every Pa⯑riſh. Vide 3 Will. & Mar. cap. 12. ſect. 3.II. That from and after the Day of next enſuing, upon the Twenty Sixth Day of December in every Year (unleſs that Day ſhall be Sunday, and then on the Twenty Seventh) the Surveyors of the Highways, Churchwardens, Overſeers of the Poor, Conſtables, Headboroughs, Tithing-men, and In⯑habitants in every Pariſh or Extraparochial Place, for the Time being, ſhall aſſemble together, and the Major Part of ſuch Perſons as are ſo aſſem⯑bled ſhall make a Liſt in Writing of the Names [63] of Six or more of the Inhabitants of ſuch Pariſh or Place, who have an Eſtate in Houſes, Lands, Tenements, or Hereditaments, in their own Right or that of their Wives, of the Value of Ten Pounds by the Year, or a perſonal Eſtate of the Value of Two hundred Pounds, or are Occupiers or Tenants of Houſes, Lands, Tene⯑ments, or Hereditaments, of the yearly Value of Fifty Pounds; or if there be not Six ſuch Perſons in the ſaid Pariſh or Place ſo qualified, then the ſaid Surveyors of the Highways, Churchwardens, Overſeers of the Poor, Con⯑ſtables, Headboroughs, Tithing-men, and In⯑habitants, ſhall fill up the Number wanting to compleat the ſaid Liſt, with the Names of a proper Number of the moſt ſufficient Inhabitants of ſuch Pariſh or Place; and that in either of thoſe Caſes, the ſaid Surveyors of the Highways, Churchwardens, Overſeers of the Poor, Con⯑ſtables, Headboroughs, Tithing-men, and In⯑habitants, ſhall return ſuch Liſts unto two or more of the Juſtices of the Peace acting in or near to the Diviſion wherein the ſaid Pariſh or Place doth lie, at a Special Seſſion to be holden for the Amendment of the Highways of that Diviſion, on the third Day of January then next following, or within twenty Days after; for which Purpoſe the ſaid Juſtices are hereby required to hold ſuch ſpecial Seſſion at ſome convenient Place within or near to that Diviſion [64] wherein ſuch Pariſh or Place doth lie, and to give Notice of the Time and Place where they intend to hold the ſame, to the Conſtables, Headboroughs, Tithing-men, or other Peace Officers. or Surveyors of the Highways of every Pariſh or Place within the ſaid Diviſion, and within every other Place for which ſuch ſpe⯑cial Seſſion ſhall then be held, at leaſt ten Days be⯑fore the holding the ſame. And the ſaid Juſtices, or any two or more of them, are hereby alſo re⯑quired, to hold ſuch ſpecial Seſſion every three Months, or oftener, as Occaſion ſhall require; and to give ſuch Notice thereof to the Con⯑ſtables, Headboroughs, Tithing-men, or Sur⯑veyors of the Highways, as aforeſaid, or other⯑wiſe publickly to adjourn the ſame from Time to Time, ſo that all Perſons concerned may have due Knowledge thereof. And the ſaid Juſtices, at every ſpecial Seſſion to be holden in the Month of January as aforeſaid, ſhall, according to their Diſcretions and the Largeneſs of the Pa⯑riſh or Place from whence the ſaid Return is made, by Warrant under their Hands and Seals, nominate and appoint one, two, or more of the Inhabitants of the Pariſh or Place, qualified as aforeſaid, whether named in ſuch Liſt or not, to be Pariſh Surveyor, or Surveyors of the High⯑ways in every Pariſh or Extraparochial Place within the Diviſion, or for every Hamlet, Pre⯑cinct, Liberty, Tithing, Town or Place in the [65] ſame Diviſion for the Year enſuing, which No⯑mination ſhall, by the Conſtables, Headbo⯑roughs, Tithing-men, or other Peace-Officers, or the Surveyors of the Highways for the Time being, or by ſuch of them as the ſaid Juſtices ſhall direct, be notified to the Perſon and Per⯑ſons ſo nominated and appointed by the ſaid Ju⯑ſtices within Six Days after ſuch Nominatioin, by ſerving him or them with the ſaid Warrant or Warrants, either perſonally, or by leaving the ſame or a true Copy thereof at his or their dwel⯑ling Houſe or Houſes, or moſt uſual Place or Places of Abode, and from thenceforth the Per⯑ſon and Perſons who ſhall be ſo nominated and appointed, and have Notice thereof as aforeſaid, ſhall be Pariſh-Surveyor or Surveyors of the High⯑ways for the Pariſh, Hamlet, Precinct, Liberty, Tithing, Town, Village or Place, for which he or they ſhall have been ſo nominated and ap⯑pointed as aforeſaid for the Year enſuing, and until other Surveyors ſhall be appointed to ſuc⯑ceed them, and ſhall take upon himſelf and themſelves reſpectively, and duly execute the ſaid Office according to the Directions in this Act. And if the ſaid Perſons, or any of them ſo nominated and appointed Pariſh-Surveyors of the Highways, ſhall neglect or refuſe to take upon themſelves the ſaid Office by the Space of Six Days after they ſhall have been ſerved with ſuch Warrant, as aforeſaid, every ſuch Per⯑ſon [66] ſhall forfeit for the ſaid Offence the Sum of Five Pounds. And in Caſe it ſhall happen, that a Pariſh-Surveyor or Surveyors ſhall not be ap⯑pointed for any Pariſh or Place at the ſpecial Seſſion appointed to be held in the Month of January, for the Amendment of the Highways, as is herein before directed; or in Caſe any Pa⯑riſh Surveyor or Surveyors of the Highways ſo nominated or appointed for any Pariſh or Place at ſuch ſpecial Seſſion, ſhall neglect or refuſe to ſerve the ſaid Office, or ſhall die or remove out of the ſaid Pariſh or Place to inhabit, or that no ſuch Special Seſſion ſhall be held in the Month of January, that then, and in any of the ſaid Caſes, two or more Juſtices of the Peace being met at any other Special Seſſion to be holden for the Amendment of the Highways of that Diviſion, City, Liberty or Place, are hereby impowered and required to nominate and appoint ſuch other Inhabitant or Inhabitants to be Pariſh-Surveyor or Surveyors of the Highways of any ſuch Pa⯑riſh, Hamlet, Precinct, Liberty, Tithing, Town, Village or Place, as they the ſaid Juſtices ſhall, in their Diſcretions, think fit to ſerve the ſaid Of⯑fice; which ſaid Inhabitant and Inhabitants ſo nominated and appointed Pariſh-Surveyor or Sur⯑veyors of the Highways, for any Pariſh Hamlet, Precinct, Liberty, Tithing, Town, Village or Place, ſhall take upon himſelf and themſelves reſpectively, and duly execute the ſaid Office. [67] And if the ſaid Perſons, or any of them ſo no⯑minated and appointed Pariſh-Surveyors of the Highways, ſhall neglect or refuſe to take upon themſelves the ſaid Office by the Space of Six Days after he ſhall have been ſerved with a War⯑rant for that Purpoſe as aforeſaid, every ſuch Perſon ſhall forfeit for the ſaid Offence the Sum of Five Pounds. And if any of the ſaid Pariſh Surveyors of the Highways, Conſtables, Head-boroughs, Tithing-men, or other Peace Officers ſhall neglect or refuſe to do their Duty in any Matter or Thing required of them, or any of them, by this Act, or by the Juſtices of the Peace, or any two of them aſſembled at any ſuch ſpecial Seſſion as aforeſaid, ſuch Pariſh-Surveyor of the Highways, Conſtable, Head-borough, Tithing-man, or other Peace-Officer, ſhall, for every ſuch Offence, forfeit any Sum not exceeding Five Pounds, nor leſs than Ten Shillings, as the ſaid Juſtices ſhall think fit.
Aſſiſtants to the Pariſh-Surveyors to be appointed with a Salary.III. And be it further En⯑acted, by the Authority a⯑foreſaid, That the ſaid Ju⯑ſtices, or any two of them, aſſembled in their Spe⯑cial Seſſion to be holden for the Amendment of the Highways, may, and they are hereby authorized and impowered from Time to Time, to appoint either for every Pariſh or for every Hamlet, Pre⯑cinct, Tithing, Town, Village, or Place, within [68] their reſpective Diviſions, at their Diſcretions, a Perſon meetly ſkilled in the Buſineſs of making and repairing Roads, as an Aſſiſtant to the Pariſh Surveyors, whoſe Buſineſs ſhall be to direct the procuring of Gravel, Stones, and other Materials, and the laying and ſpreading the ſame, and the doing and performing all other Works neceſſary for the Amendment and Repair of the High⯑ways within the Pariſh, Hamlet, Precinct, Li⯑berty, Tithing, Town, Village, or Place for which they ſhall ſo be appointed. And that the ſaid Juſtices, or any two of them, aſſembled as aforeſaid, ſhall have Power from Time to Time to remove ſuch Aſſiſtant-Surveyors, and appoint others in their Room or Stead, and out of the Money ariſing by Forfeitures to be incur⯑red under or by Virtue of this Act, and not here⯑by appropriated or otherwiſe diſpoſed of, or by any Aſſeſſment to be made purſuant to the Power here⯑in after given, to allow ſuch Aſſiſtant-Surveyor ſuch yearly Salary or Stipend as they the ſaid Juſtices ſhall think reaſonable, for the Payment of which Salary or Stipend, an Order under the Hands and Seals of two of the Juſtices of the Peace within the ſaid Diviſion, made half-yearly from Time to Time, as the ſame ſhall become due, ſhall be a ſufficient Warrant.
Surveyors to view the Highways, and give an Account in Writing upon Oath of the State and Con⯑dition thereof, and neglect⯑ing or refuſing ſo to do, forfeit 5l. Vide 1 Geo. cap. 52. ſect. 2. 3 Will. cap 12. ſect. 8.IV. And be it further En⯑acted, by the Authority aforeſaid, That all and every [69] Pariſh Surveyors of the Highways to be appointed by Virtue of this Act, ſhall, within fourteen Days after the Acceptance of their Office (and ſo from Time-to Time every three Months, or oftener, if required thereto by Warrant of any two or more Juſtices of the Peace) view all the High⯑ways, Bridges, Cauſeways Streets, Pavements Hedges, Ditches, and Water-Courſes, apper⯑taining to ſuch Highways, together with all Nuſances and Incroachments made or commit⯑ted in or upon any of them within the Pariſh, Hamlet, Precinct, Liberty, Tithing, Town, Vil⯑lage or Place, where they are Pariſh-Surveyors of the Highways, and give a particular and true Account in Writing, and upon Oath, of the State and Condition of the Highways, Bridges, Cauſeways, Streets, Pavements, Hedges, Ditches, and Water-courſes, and more eſpecially of ſuch Faults and Defects in any of them as require to be repaired or amended, and of the Neglects of Labourers, and of thoſe that are obliged to find Labourers or Teams for the Repair of the Highways, to the Juſtices of the Peace at their next ſpecial Seſſion to be holden for the Amend⯑ment of the Highways of that Diviſion, to the End that the ſaid Accounts may be carefully preſerved, and that at all future ſpecial Seſſions the Juſtices of the Peace of the ſame Diviſion [70] may have full Information of, and may be able to examine into the particular State and Condi⯑tion of all the ſaid Highways, Bridges, Cauſ⯑ways, Streets, Pavements, Hedges, Ditches, and water-courſes, and may the better execute the Powers in this Act. And all Pariſh-Surveyors of the Highways neglecting or refuſing to give ſuch Account in Writing and upon Oath as aforeſaid, ſhall ſuffer the ſame Penalty as if they had refuſed to take upon them the ſaid Office, unleſs they ſhall have ſome reaſonable Excuſe for ſuch Neglect or Refuſal, to be allowed by the Juſtices at ſuch their ſpecial Seſſion.
Juſtices at their ſpecial Seſſions may appoint the Time and Manner of re⯑pairing Highways. Vide 1 Geo. cap. 52. ſect. 3.V. And be it further En⯑acted and declared, by the Authority aforeſaid, That the Juſtices of the Peace, or any two of them aſſem⯑bled at any ſuch ſpecial Seſſion to be holden for the Amendment of the Highways, may, by Writing under their Hands, order and appoint the Reparation of ſuch great Roads or Highways as they ſhall judge moſt to want Repair within the Diviſion or Place for which ſuch ſpecial Seſſion ſhall be holden, to be firſt amended; and may alſo order and appoint at what Time, and in what Manner, the ſame ſhall be ſo repaired, according to which Order, if ſuch there be, all and ſingular the re⯑ſpective Surveyors of the Highways are hereby [71] required to proceed within their reſpective Di⯑ſtricts.
Highways to be repair⯑ed before Harveſt. Ibid. ſect. 4.VI. And be it further En⯑acted and declared, by the Authority aforeſaid, That all and every the Sur⯑veyors of the Highways ſhall take the firſt and moſt convenient, and ſeaſonable Time of the Year, for repairing and amending the Highways within their reſpective Diſtricts, and take Care as far as is poſſible, that the ſaid Work may be perfected before Harveſt, and that accordingly the Teams, Labourers, and other Perſons by this Act obliged to work on the ſaid Highways, be ſummoned to come in upon ſuch moſt early and ſeaſonable Days as the Year ſhall afford, and to repair ſuch Highways in Priority as the Ju⯑ſtices of the Peace or any two of them aſſem⯑bled at ſuch their ſpecial Seſſion to be holden for the Amendment of the Highways ſhall or⯑der and direct, in the Manner herein before ex⯑preſſed. And in Caſe of no ſuch Order from the ſaid Juſtices, then that ſuch Highways be firſt repaired as to the ſaid Surveyors of the Highways ſhall ſeem moſt needful of Reparation.
Where croſs Ways meet, a Stone or Poſt to be erec⯑ted, with proper Indexes ſhewing to what next Mar⯑ket-Town ſuch croſs Ways lead. Vide 8 Will. cap. 16. ſect. 7.VII. And be it further En⯑acted, by the Authority aforeſaid, That in all Caſes where two or more High⯑ways [72] croſs or meet, the Ju⯑ſtices of the Peace, or any two of them aſſembled at any ſuch ſpecial Seſſion as aforeſaid, ſhall have Power and Authority by any Writing under their Hands to order and direct the reſpec⯑tive Pariſh-Surveyors of the Highways of ſuch Pariſh or Place wherein ſuch croſs Ways do meet, forthwith to put up and erect a Stone or wooden Poſt, with an Inſcription thereon in large legible Letters, containing the Name of the next Market-Town to which each of the ſaid Highways doth lead. And the ſaid Stone or wooden Poſt ſhall be made with proper Indexes in ſuch Manner, and be erected in ſuch Place, as the ſaid Juſtices of the Peace ſhall direct.
Watering of Lands; ſtop⯑ping up Ditches or uſual Water-Courſes; drawing Water-Courſes from any Highway; not ſecuring and keeping open Ditches or Wa⯑ter-Courſes: leaving the Earth of Ditches in any Highway; not laying Brid⯑ges, Tunnels, or Trunks, be⯑fore G [...]ways adjoining to Highways made penal.—Surveyors may make new Ditches, Drains, or Sluices, in or through the Ground of another.—Opp [...]ſing Survey⯑ors or Workmen, or reſcuing Cattle or other Diſtreſſes, Penalty not exceeding 40s. nor leſs than 5s. Vide 3 Will. cap. 12. ſect. 12.VIII. And whereas divers broad as well as narrow Highways, are much an⯑noyed and injured by water⯑ing of Lands adjoining or near to the ſame, and by the ſtopping up of Ditches or uſual Water-Courſes, or by Neglect of ſcouring and keeping open ſuch Ditches or Water-Courſes, or by leaving the Earth of ſuch Ditches ſo ſcoured in the Highways, or not laying [73] Bridges, Tunnels, or Trunks, before the Gateways adjoin⯑ing to Highways, whereby the Water may freely paſs from Ditch to Ditch: Be it therefore Enacted, by the Authority afore⯑ſaid, That if any Perſon or Perſons ſhall annoy or do any Injury to any broad or narrow High⯑way, by watering his or her Lands, adjoining or near to the ſame, or if any Perſon or Perſons ſhall ſtop up any Ditch or other Work, and thereby turn any Water-Courſe into any High⯑way to the Damage thereof, or ſhall turn any Water-Courſe from any Highway by laying of Timber or other Materials acroſs any High⯑way to the Damage thereof, or if any Perſon or Perſons ſhall neglect to ſcour and keep open any Ditch, being in any Highway, and adjoin⯑ing to his, her, or their Lands, or any other of his, her, or their Ditches or Water-Courſes, whereby any Highway ſhall be injured, or ſhall leave the Earth of any ſuch Ditch or Water-Courſe ſo ſcoured in any Highway to the Da⯑mage thereof, or ſhall not lay Bridges, Tunnels, or Trunks before the Gateways into his, her, or their Grounds adjoining to any Highway, ſuf⯑ficient to let the Water paſs freely from Ditch to Ditch, whereby any Highway ſhall be an⯑noyed or injured, every Perſon and Perſons guilty of ſuch Annoyance or Injury, and not re⯑moving the ſame within twenty Days after due [74] Notice thereof given by a Pariſh-Surveyor of the ſaid Highways, (which Notice the ſaid Sur⯑veyors are hereby required to give) ſhall forfeit for every ſuch Offence any Sum not exceeding Five Pounds, nor leſs than Ten Shillings, as the ſaid Juſtices of the Peace, or any Two of them, aſſembled at any ſuch ſpecial Seſſion as afore⯑ſaid, ſhall think fit. And all and every the Surveyors of the Highways are hereby autho⯑rized with their Workmen to ſcour and keep open all ſuch Ditches and Water-Courſes, and to remove all other Annoyances and Nuſances in, or to, all or any of the Highways, and where the Ditches or Drains already made are not ſufficient to carry off the Water that ſhall lie upon, or annoy any Highway, to make Sluices or other neceſſary Works, or new Ditches or Drains into the Ditch of any Perſon, or into or through the Arable, Paſture, or Meadow Land of any Perſon next adjoining, or near to the Highway; and to keep the ſame ſcoured, cleanſed, and open. And the ſaid Surveyors of the Highways are hereby authorized, for the Purpoſes aforeſaid, to go with Workmen upon the Arable, Paſture, or Meadow Land of any Perſon or Perſons, and make ſuch Sluices, Ditches, or other neceſſary Works, and from Time to Time to amend and ſcour the ſame; any Law, Right, Intereſt, Cuſtom, or Uſage, to the contrary notwithſtanding. And all and every ſuch Perſons and Perſon as ſhall re⯑ſiſt [75] or make forcible Oppoſition againſt any Sur⯑veyor of the Highways, or againſt any Work⯑man acting by ſuch Surveyor's Directions in the due Execution of any Part of this Act, or ſhall make Reſcue of any Cattle or other Goods or Chattels diſtrained by Virtue of this Act, ſhall forfeit for every ſuch Offence any Sum not ex⯑ceeding Five Pounds, nor leſs than Ten Shil⯑lings, as the ſaid Juſtices of the Peace, or any two of them, aſſembled at any ſuch ſpecial Seſ⯑ſion as aforeſaid ſhall think fit.
Such as lay Stone, Tim⯑ber, Wood, Hay, Straw, Stubble, or other Thing, Fire-Wood excepted, in any Highway not left twenty Foot wide, and ſuch as ſhall make any Incroach⯑ment on the Highway, or ſhall commit any Nuſance whereby any Highway ſhall be obſtructed, ſhall forfeit not exceeding 40s. nor leſs than 5s. Vide 3 Will. cap. 12. ſect. 4. 5.IX. And be it further En⯑acted, by the Authority a⯑foreſaid, That if any Perſon or Perſons ſhall lay or cauſe to be laid, any Stone, Bricks, Brickbats, Rubbiſh, Tim⯑ber, Wood, Hay, Straw, Stubble, or any other Thing whatſoever, in any High⯑way, whereby the ſame ſhall be obſtructed, and not full twenty Foot wide of clear Road be left, in every ſuch Caſe, if the Perſon or Perſons laying or cauſing to be laid any ſuch Stone, Bricks, Brickbats, Rubbiſh, Timber, Wood, Hay, Straw, Stubble, or other Thing, do not after due Notice thereof given by, or from, any Pariſh-Surveyor of the ſaid Highway (which Notice all Pariſh-Surveyors [76] of the Highways are hereby requi⯑red to give) forthwith remove the ſame, every ſuch Perſon and Perſons laying or cauſing to be laid any ſuch Stone, Bricks, Brickbats, Rub⯑biſh, Timber, Wood, Hay, Straw, Stubble, or other Thing (except Fire-Wood, which may be laid in ſome proper Place with the Approbation of ſuch Surveyor, until the ſame can be got in) ſhall forfeit for every ſuch Of⯑fence any Sum not exceeding Forty Shillings, nor leſs than Five Shillings, as the Juſtices of the Peace, or any two of them, aſſembled at any ſpecial Seſſions to be holden for the Amend⯑ment of the Highways, ſhall think fit. And in Caſe the ſaid Stone, Bricks, Brickbats, Rub⯑biſh, Timber, Wood, Hay, Straw, Stubble, or other Thing, ſhall continue and be left in any ſuch Highway in the Manner before-men⯑tioned, by the Space of ten Days after the Owner thereof ſhall have had Notice of the ſaid Offence by or from any of the Pariſh-Surveyors of the ſaid Highway, then (over and above the Forfeiture aforeſaid) it ſhall and may be lawful for the Pariſh-Surveyor or Surveyors of ſuch Highway with the Conſent of any one Ju⯑ſtice of the Peace, to carry away and ſell the ſame, rendering the Money ariſing by ſuch Sale to the Owner thereof, after the Charges of carrying away and ſelling the ſame are firſt aſ⯑certained upon Oath, and allowed by ſuch Ju⯑ſtice, and thereout deducted by the Pariſh-Sur⯑veyor [77] or Surveyors of the ſaid Highway. And if any Perſon or Perſons ſhall incloſe with any Fence or Ditch, or make any other Incroach⯑ment in or upon any Highway whatſoever, and not leave the Highway Sixty Foot wide from Ditch to Ditch, or if any Perſon or Perſons ſhall dig any Ditch, make any Hedge, lay any Logs of Wood or other Thing, or erect any Gate over⯑thwart any Highway, or ſhall do any other Act whereby any Highway ſhall be rendered either leſs ſafe or commodious for Travellers, the ſame are hereby declared to be Nuſances. And if the Perſon or Perſons committing any ſuch Nuſance, or ordering or directing any ſuch Nu⯑ſance to be committed, ſhall not forthwith re⯑move the ſame after he, ſhe, or they, ſhall have Notice ſo to do, by, or from, any Pariſh-Sur⯑veyor of the Highways of the Pariſh or Place wherein any ſuch Nuſance ſhall be committed, every ſuch Perſon and Perſons committing ſuch Nuſance, or ordering or directing any ſuch Nuſance to be committed, and not removing the ſame as aforeſaid, ſhall forfeit any ſum not ex⯑ceeding Forty Shillings, nor leſs than five Shil⯑lings, as the Juſtices of the Peace, or any two of them, aſſembled at any ſuch ſpecial Seſſion as aforeſaid ſhall think fit.
Penalty on the Owners of Trees, Shrubs, or Buſhes, for not cutting them down, grubbing them up, and car⯑rying them away where the Highways are not twenty Foot wide. Vide 3 Will. cap. 12. ſect. 6.X. And be it further En⯑acted, by the Authority aforeſaid, That no Trees, [78] Buſhes, or Shrubs, ſhall be ſuffered or permitted to ſtand and grow in any Highway not Twenty Foot wide be⯑tween Ditch and Ditch, but the ſame ſhall be cut down, grubbed up, and carried away by the Owner or Owners thereof; and if the Owner or Owners of ſuch Trees, Buſhes, or Shrubs, ſhall neglect or refuſe to cut down, grub up, and carry away the ſame within thirty Days after Notice to him, her, or them given ſo to do, by any of the Pariſh Surveyors of the ſaid High⯑way (Provided always that the ſaid Notice ſhall be given between the laſt Day of September and the firſt Day of February) it ſhall and may be lawful for the Surveyors of the ſaid Highway, or any of them, by the Order or Conſent in Writing of the Juſtices of the Peace, or any two of them, aſſembled at any Special Seſſions to be holden for the Amendment of the Highways, to cut down, grub up, and carry away and ſell the ſaid Trees, Buſhes, or Shrubs, rendering the Money ariſing by ſuch Sale to the Owner or Owners thereof, after the Charges of cutting down, grubbing up, carrying away, and ſelling the ſame, are firſt aſcertained upon Oath, and allowed by any one of the ſaid Juſtices aſſem⯑bled at Such ſpecial Seſſions as aforeſaid, and thereout deducted by the Surveyor or Surveyors of the ſaid Highways.
[79] Surveyors to make Pre⯑ſentment of Hedges annoy⯑ing the Highway to the Juſtices, who may order them to give Notice to the Owner to cut the ſame, and in Caſe of Neglect or Refuſal, the Surveyors may cut the ſame within three Foot of the Bank (Except Trees of Oak, Aſh, Elm, &c.) and the Charges ſhall be paid by the Owner. Vide 7 Geo. 2. cap. 19. ſect. 1.XI. And be it further Enacted, by the Autho⯑rity aforeſaid, That in Caſe the Pariſh-Surveyor or Sur⯑veyors of any Highways, on any View or Views herein before required to be made by them within their reſpective Pariſhes or Places ſhall find any High⯑ways deep and foundrous, and the Hedge or Hedges adjoining to ſuch Highway to be ſo high as thereby to prevent the Benefit and Advan⯑tage which ſuch Highway would otherwiſe re⯑ceive from the Sun and Winds, ſuch Survey⯑or and Surveyors are hereby required to make a Preſentment or Complaint in Writing thereof to any one Juſtice of the Peace living in or near to the Diviſion or Place wherein ſuch Hedge or Hedges doth lie, who is hereby required by Warrant under his Hand and Seal to ſummon the Owner or Owners of ſuch Hedge or Hedges to appear before two or more Juſtices of the Peace, who ſhall meet at ſome Special Seſ⯑ſion to be holden for the Amendment of the Highways of that Diviſion or Place. And in Caſe ſuch Owner or Owners of ſuch Hedge or Hedges ſhall neglect or refuſe to appear, or ſend ſome Perſon duly authorized to appear for them before ſuch Juſtices of the Peace aſſembled at ſuch ſpecial Seſſion as aforeſaid, the due Ser⯑vice [80] of the ſaid Summons being proved upon Oath, or if it ſhall appear upon due Examina⯑tion and Proof upon Oath, before the ſaid Ju⯑ſtices of the Peace, that ſuch Highway is deep and foundrous, and damaged as aforeſaid by ſuch adjoining Hedge or Hedges; the ſaid Ju⯑ſtices of the Peace, or any two of them, are here⯑by required to iſſue out a Precept or Warrant under their Hands and Seals to the Pariſh-Surveyor or Surveyors of the Highways of the Pariſh or Place where ſuch Hedge or Hedges ſo preſented or complained of is or are ſituated, directing ſuch Surveyor or Surveyors to give or leave Notice in Writing at the dwelling Houſe or Houſes, or moſt uſual Place or Places of Abode, of the Owner or Owners of ſuch Hedge or Hedges ſo preſented or complained of, thereby requiring him, her, or them, to new-make and cut low the ſaid Hedge or Hedges within thirty Days after ſuch Notice (Provided always that ſuch Notice be given between the laſt Day of September and the firſt Day of February) and in Caſe of his, her, or their Refuſal or Neglect to do the ſame, ac⯑cording to ſuch Notice as aforeſaid, the ſaid Sur⯑veyor or Surveyors are hereby required to cauſe the ſaid Hedge or Hedges to be new made and cut low as the ſaid Surveyor or Surveyors ſhall in their Diſcretion think moſt reaſonable, ſo as ſuch Hedge or Hedges be left at leaſt three Foot high above the Bank (except all Trees of Oak, [81] Aſh, Elm [Here muſt be named the other Sorts of Trees that are not to be cut low] which nevertheleſs ſhall be lopt and pruned in the Manner herein after directed) and the ſaid Surveyor and Surveyors ſhall leave the Cuttings of ſuch Hedge or Hedges with⯑in and upon the Grounds to which ſuch Hedge or Hedges doth belong. And if the ſaid Owner or Owners of ſuch Hedge or Hedges ſo cut by the ſaid Surveyor or Surveyors as afore⯑ſaid ſhall neglect or refuſe to pay unto ſuch Sur⯑veyor or Surveyors of the ſaid Highways ſuch reaſonable Expences as he or they ſhall have been put to on that Occaſion, within fourteen Days after the ſame ſhall have been demanded, the ſaid Ju⯑ſtices of the Peace, or any two of them, aſſem⯑bled at any ſuch Special Seſſion as aforeſaid, on due Proof upon Oath of ſuch Expences, ſhall, by Warrant under their Hands and Seals, levy the ſame by Diſtreſs and Sale of the Goods and Chattels of ſuch Owner or Owners of ſuch Hedge or Hedges, rendering the Overplus to him, her, or them, after the Charges of taking, keeping, and ſelling ſuch Diſtreſs ſhall be aſcertained upon Oath, and al⯑lowed by any one of the ſaid Juſtices, and thereout deducted by the ſaid Surveyor or Sur⯑veyors.
[82] The Owners of certain Trees growing in Hedges adjoining to Highways not thirty Foot wide, ſhall lop the ſame from the Stem upwards, ſo that no Branch thereof ſhall hang over any Part of the Highway. And if the Owner ſhall not lop the ſame within thirty Days after Notice, the Surveyors may. Vide 3 Will. cap. 12. ſect. 7.XII. And be it further En⯑acted, by the Authority aforeſaid, That all and every the Owners and Owner of Trees of [Here muſt be na⯑med ſuch Trees as are above excepted] ſtanding or grow⯑ing in the Hedges or Grounds adjoining to any Highways not being thirty Foot wide at leaſt between Ditch and Ditch, ſhall lop and prune the ſame from the Stem upwards, ſo that no Bough or Branch thereof ſhall ſpread into or hang over any Part of the ſaid Highways. And if the Owners or Owner of ſuch Trees of [Here the Trees excepted muſt be named] ſhall not lop and prune the ſame in the Manner herein above di⯑rected, that then, and in Caſe two or more Ju⯑ſtices of the Peace aſſembled at any Special Seſſion to be holden for the Amendment of the High⯑ways, ſhall be ſatisfied that ſuch Trees or Tree ought to be lopt and pruned, the ſaid Juſtices ſhall order the Pariſh-Surveyor or Surveyors of the Highways of ſuch Pariſh to give Notice in Writing to the Owners or Owner of ſuch Trees or Tree to lop and prune the ſame in the Manner herein before directed. And if ſuch Owners or Owner ſhall not lop and prune the ſame in the Manner herein before directed within thirty Days after ſuch Notice, (provided always that ſuch Notice [83] be given between the laſt Day of September and the firſt Day of February) that then it ſhall and may be lawful for the ſaid Surveyor or Survey⯑ors of the ſaid Highways, and for any Workman⯑or Workmen by his or their Direction to lop and prune the ſaid Trees or Tree from the Stem up⯑wards, ſo that no Bough or Branch thereof ſhall ſpread into, or hang over, any Part of the High⯑way, the ſaid Surveyor or Surveyors, and their Workmen, cutting off the ſaid Boughs and Branches according to the beſt of their Skill and Judgment, and doing no wilful Hurt nor Damage to the ſaid Trees or Tree, or any of them. And the ſaid Surveyor or Surveyors ſhall and may ſell all ſuch Boughs and Branches ſo cut off and render the Money ariſing by ſuch Sale to the Owners or Owner of ſuch Trees or Tree, after the Charges and Expences of lop⯑ping, pruning, and ſelling the ſame ſhall be firſt aſcertained upon Oath, and allowed by any one of the Juſtices who met at ſuch Special Seſ⯑ſion as aforeſaid, and thereout deducted by the ſaid Surveyor or Surveyors.
What Ways ſhall be deem⯑ed Highways.XIII. And be it further Enacted and declared, by the Authority aforeſaid, That every Foot-way, Horſeway, or Way for Wheel-Carriages leading directly to any Market-Town, or from Town to Town, or from Village to Village, which Way is common to all the [84] King's Subjects ſhall be deemed to be a High⯑way by this Act to be repaired and amended; but that a Way to any Pariſh-Church, or to the Common Fields of any Pariſh or Town, or to any Village, which terminates at ſuch Church, Common Fields or Village, ſhall be deemed a Private Way, and ſhall be repaired and amended by the Perſon or Perſons to whom the ſame ſhall belong.
Highways hereafter to be incloſed ſhall be left ſixty Foot wide. Perſons in⯑cloſing on both Sides, or who incloſe on one Side where the other had been incloſed before, ſhall repair the whole Way; but where the Highway ſhall be ſixty Foot wide, the Pariſh ſhall repair it.XIV. And be it fur⯑ther Enacted and declared, by the Authority afore⯑ſaid, That if at any Time or Times hereafter, any Foreſt, Chaſe, Heath, Com⯑mon, or other open Place ſhall be incloſed, the High⯑ways lying in or through the ſame ſhall be left ſixty Foot wide between Ditch and Ditch, and in Caſe any Perſon or Perſons ſhall incloſe any Highway on both Sides, and ſhall not leave the ſame ſixty Foot wide between Ditch and Ditch, every ſuch Perſon and Perſons ſhall maintain all the ſaid Highway in perfect Repair, and the Occupiers or Occupier of the Lands ſo incloſed and adjoining to the ſaid Highway, ſhall be chargeable with the Repairs thereof, and be ſub⯑ject to all the other Authorities and Penalties in this Act. And in Caſe any Perſon or Perſons [85] ſhall make any Incloſure on one Side only of any Highway having already an Incloſure on the other Side, and ſhall not leave the ſaid Highway ſixty Foot wide between Ditch and Ditch, every ſuch Perſon and Perſons ſhall keep and maintain all the ſaid Highway in perfect Repair; and the Occupiers or Occupier of the Lands ſo incloſed and adjoining to the ſaid Highway ſhall be chargeable with the Repairs thereof, and be ſub⯑ject to all the other Authorities and Penalties in this Act. Nevertheleſs, during all ſuch Time as any ſuch Perſon or Perſons ſhall lay open the Incloſure which bound him, her, or them, to repair ſuch Highway, every ſuch Perſon ſhall, during ſuch Time, be freed from the Charge of repairing it. And where any Highway ſo inclo⯑ſed as aforeſaid, ſhall hereafter be left ſixty Foot wide between Ditch and Ditch, then and in ſuch Caſe the Pariſh or Place wherein ſuch Highway doth lie, ſhall repair and amend the ſame.
Cartways to be twelve Foot, and Horſeways three Foot wide. Perſons cut⯑ting down or otherwiſe de⯑ſtroying any Stone or Poſt placed to ſecure any Horſe or Footway, ſhall forfeit 20s. over and above the Damage. Vide 7 Will. cap. 29. ſect. 6.XV. And be it further Enacted and declared, by the Authority aforeſaid, That the Pariſh-Surveyors ſhall, and they are hereby autho⯑rized and required in every public Highway to make a Cauſway or raiſed Road for Carts, Coaches, and other Wheel-Carriages (where the ſame is neceſ⯑ſary [86] and can conveniently be done) twelve Foot wide, and to make it higher in the Middle than towards the Sides that the Water may run freely off, and to make every Cauſway for Horſes travelling upon or in any ſuch High⯑way three Foot wide at the leaſt and to amend and keep in Repair neceſſary and convenient Foot-ways wherever any ſuch there are in the Highways, and if any Perſon or Perſons what⯑ſoever ſhall pull up, cut down, remove, or otherwiſe injure or deſtroy any Poſt, Block, Stone, or other Thing, ſet up, placed or made, for ſecuring any ſuch Horſe or Footway from Waggons, Carts, or other Wheel-Carriages, ſuch Perſon or Perſons ſhall forfeit for every ſuch Offence the Sum of Twenty Shillings over and above the Damage he ſhe or they ſhall do thereby.
Ten Days ſhall be ap⯑pointed for the Amend⯑ment of the Highways, of which the Surveyors are to give Notice.XVI. And be it further Enacted, by the Authority aforeſaid, That ten Days ſhall be nominated and ap⯑pointed in every Year at the Diſcretion of the Pariſh-Surveyors of the Highways, for the Amendment of the Highways in their re⯑ſpective Pariſhes and Places, and that the ſaid Surveyors ſhall deliver to the Pariſh Clerk, and to the Perſon officiating as Lay Clerk in every Cha⯑pel within their ſaid Pariſhes and Places, a Notice in Writing of every of the ſaid ten Days, which [87] ſaid Pariſh or other Clerk ſhall, on the Sunday next after the Delivery of ſuch Notice immediately after Sermon read the ſame in the Church or Cha⯑pel to which he belongs, upon Pain to forfeit 5l. to be applied to the Amendment of the Highways in ſuch Pariſh or Place. And the ſaid Surveyors ſhall alſo fix on the Doors of their reſpective Churches, and alſo on the Doors of every Chapel and Place for Divine Worſhip within their ſaid Pariſhes and Places, a Notice in Writing of the ſaid ten Days. And where any Place ſhall be extraparochial, and no Place for Divine Worſhip ſhall be therein, the Surveyors ſhall affix ſuch No⯑tice in Writing in ſome notorious Part of ſuch extraparochial Place, to the End that all Per⯑ſons may have Knowledge thereof, and attend ac⯑cordingly.
Every Perſon occupy⯑ing a Ploughland, or keep⯑ing a Draught, ſhall ſend the ſame five of the ten Days.XVII. And be it further Enacted, by the Authority aforeſaid, That every Inhabi⯑tant occupying and having in his or her Poſſeſſion one Ploughland in any Pariſh or Place, ſhall find and ſend on ſuch five of the ſaid ten Days to be appointed by the ſaid Surveyors of the High⯑ways as aforeſaid, for amending the Highways in that Pariſh or Place, as the ſaid Surveyors ſhall purſuant to the Power herein after given to them require, one Waggon, Cart, or other Wheel-Car⯑riage, furniſhed after the Cuſtom of the Country [88] with five Horſes or Oxen, together with Bridles, Halters, Harneſs, and other Accoutrements, pro⯑per to carry Materials for amending the High⯑ways, and ſhall alſo ſend two ſufficient Per⯑ſons to attend and manage the ſame, upon Pain that every Perſon making Default ſo to do on any of the ſaid five Days, ſhall forfeit for every Day's Default the Sum of Twenty Shillings. And every Inhabitant or other Perſon, keeping in the ſame Pariſh or Place one Wheel-Carriage or Draught of any Kind for Profit or Hire, Coaches, Chariots, and ſuch other Wheel-Carriages as are ſolely uſed for the Conveyance of Perſons only excepted, though he or ſhe have no Ploughland in ſuch Pariſh or Place, ſhall ſend on every of the ſaid five Days ſuch Wheel-Carriage as he or ſhe keepeth, except as aforeſaid, furniſhed with ſo many Horſes or Oxen only as he or ſhe keepeth there for Draught, to⯑gether with neceſſary Bridles, Halters, Harneſs, and other Accoutrements proper to carry Ma⯑terials for amending the Highways; and ſhall alſo ſend one or more Perſons ſufficient to attend and manage the ſame, upon Pain that every Per⯑ſon making Default ſo to do, on any of the ſaid five Days, ſhall forfeit for every Day's Default the Sum of Twenty Shillings.
Perſons occupying two Ploughland, or keeping two Daughts, ſhall ſend two Draughts on every of the ſaid ten Days.XVIII. And be it further Enacted, by the Authority aforeſaid, That every Inhabi⯑tant in any one Pariſh or Place, occupying and having [89] in his or her Poſſeſſion two or more Ploughlands in the ſame Pariſh or Place, ſhall find and ſend on every of the ſaid ten Days, to be appointed by the ſaid Surveyors of the Highways as aforeſaid, for amending the Highways in that Pariſh or Place, for every ſuch Ploughland ſo kept and occu⯑pied, one Waggon, Cart, or other Wheel-Carriage, furniſhed after the Cuſtom of the Country with five Horſes or Oxen, together with neceſſary Bridles, Halters, Harneſs, and other Accoutrements pro⯑per to carry Materials for amending the High⯑ways, and ſhall alſo ſend two ſufficient Perſons to attend and manage the ſame, upon Pain that every Perſon making Default ſo to do on any of the ſaid ten Days, ſhall forfeit for every Waggon, Cart, or other Wheel-Carriage, which ought to have been ſent furniſhed and provided as aforeſaid, the Sum of Twenty Shillings.—And every Inhabi⯑tant or other Perſon, keeping in the ſame Pariſh or Place two or more Wheel-Carriages or Draughts of any Kind for Profit or Hire, except as before is excepted (though he have no Ploughland in ſuch Pariſh or Place) ſhall ſend on every of the ſaid ten Days to be appointed by the Surveyors of the Highways as aforeſaid, for amending the Highways, all ſuch Wheel-Carriages as he or ſhe keepeth there, except as aforeſaid, furniſhed with ſo many Horſes and Oxen only as he or ſhe keepeth there for Draught, together with neceſſary Bridles, Halters, Harneſs, and other Accutrre⯑ments proper to carry Materials for amending the [90] Highways, and ſhall alſo ſend ſo many Per⯑ſons as ſhall be ſufficient to attend and manage the ſame, upon Pain that every Perſon making De⯑fault ſo to do on any of the ſaid ten Days, ſhall forfeit for every Wheel-Carriage or Draught which ought to have been ſent furniſhed and pro⯑vided as aforeſaid, the Sum of Twenty Shil⯑lings.
Occupiers of divers Ploughlands in divers Pa⯑riſhes ſhall ſend a Draught for each.XIX. And be it further Enacted, by the Authority aforeſaid, That every Per⯑ſon that ſhall occupy and have in his or her Poſſeſſion one or more Ploughlands in ſeveral and divers Pariſhes and Places, ſhall be chargeable to find and ſend on every of the ſaid five Days, or ten Days, as the Caſe ſhall be, to be appointed by the ſaid Surveyors of the Highways as aforeſaid, for amending the Highways in every of the ſaid Pariſhes and Places, for every ſuch Ploughland ſo kept and occupied in any of the ſaid Pariſhes and Places, one Waggon, Cart, or other Wheel-Carriage, furniſhed after the Cuſtom of the Country with five Horſes or Oxen, together with neceſſary Bridles, Halters, Harneſs, and other Accoutrements proper to carry Materials for amending the Highways, and ſhall alſo ſend two ſufficient Perſons to attend and manage the ſame, upon Pain that every Perſon making Default ſo to do on any of the ſaid five or ten [91] Days as the Caſe ſhall be, in any of the ſaid Pariſhes or Places where he or ſhe hath ſuch Ploughland or Ploughlands in Occupation, ſhall forfeit to every ſuch Pariſh or Place for every Waggon, Cart, or other Wheel-Carriage which ought to have been ſent furniſhed and provided as aforeſaid, the Sum of Twenty Shillings.
What ſhall be deemed a Ploughland. Vide 7 Will. cap. 29. ſect. 5.XX. And be it further Enacted and declared, by the Authority aforeſaid, That every Meſſuage, and every Parcel of Arable, Meadow, Paſture, Garden-Ground, Wood-Land, Coppice, or other Land, that ſhall be let at fifty Pounds by the Year, or that ſhall be bona fide worth fifty Pounds by the Year, to be let (the Timber thereon excepted) ſhall be deemed a Ploughland, and the Occupiers there⯑of ſhall be liable to the Repairs of the High⯑ways in the Manner above-mentioned.
Where Wheel-Carri⯑ages cannot be uſed, the Juſtices ſhall ſettle the Duty.XXI. And be it fur⯑ther Enacted, by the Au⯑thority aforeſaid, That in all Pariſhes and Places where Waggons, Carts, and other Wheel-Carriages cannot be made uſe of to Ad⯑vantage in the Amendment of the Highways, and where the Uſage and Practice is to carry Stones, Gravel, and other Materials for amending the Highways, upon the Backs of Horſes, or by any [92] other Kind of Carriage, that in ſuch Pariſhes and Places every Perſon having one or more Plough⯑lands in Occupation, ſhall find and ſend on every of the ſaid five or ten Days, as the Caſe ſhall be, ſo many of their ſaid Horſes, Oxen, or other Kinds of Carriage, and Perſons neceſſary to work and ma⯑nage the ſame, and with ſuch Tools and Implements, as two or more Juſtices of the Peace met at the Special Seſſions to be holden for the Amendment of the Highways ſhall order and direct, and all and every the ſaid Perſons and Perſon who ſhall make Default to find and ſend ſuch Horſes, Oxen, or other Carriages, on any of the ſaid five or ten Days, as the Caſe ſhall be provided in in ſuch Manner as the ſaid Juſtices ſhall order and direct, ſhall forfeit for every Day's Default, the Sum of Twenty Shillings for every Ploughland in their, his or her Occupation for which ſuch Default ſhall be made.
Occupiers of 40l. a Year ſhall labour ten Days.XXII. And be it further En⯑acted by the Authority afore⯑ſaid, That every Inhabitant, and every other Perſon what⯑ſoever, occupying, and having in his or her Poſſeſ⯑ſion, in any one Pariſh or Place where he or ſhe is not chargeable with a Ploughland, Wheel-Car⯑riage, or Draught, an Eſtate conſiſting of a Meſ⯑ſuage or Meſſuages, or a Parcel or Parcels of A⯑rable, Meadow, Paſture, Garden-Ground, Wood⯑land, Coppice, or other Land that ſhall be let at [93] Forty Pounds by the Year, or ſhall be bona fide worth Forty Pounds by the Year to be let, (the Timber thereon excepted) ſhall by themſelves, or one ſufficient Labourer, upon every of the ſaid ten Days, to be appointed by the ſaid Surveyors of the High⯑ways of that Pariſh or Place, in every Year, work and travel in the amending the Highways in that Pariſh or Place wherein ſuch Eſtate doth lie (not⯑withſtanding ſuch Perſon may have a Ploughland, or be obliged to provide Wheel-Carriage or La⯑bourers in ſome other Pariſh or Place) upon Pain that every Perſon failing ſo to do on any of the ſaid ten Days, ſhall forfeit for every Labourer whom he or ſhe ought to have ſent as aforeſaid, the Sum of Four Shillings.
Occupiers of 35l. a Year ſhall labour nine Days.XXIII. And be it further Enacted, by the Authority aforeſaid, That every Inha⯑bitant, and every other Per⯑ſon whatſoever, occupying and having in his or her Poſſeſſion in any one Pariſh or Place where he or ſhe are not chargeable with a Ploughland, Wheel-Carriage, or Draught, an Eſtate conſiſting of a Meſſuage or Meſſuages, or a Parcel or Parcels of Arable, Meadow, Paſture, Garden-Ground, Woodland, Coppice, or other Land, that ſhall be let at thirty five Pounds by the Year, or ſhall be bona fide worth Thirty five Pounds by the Year to be let (the Timber thereon excepted) ſhall by themſelves, or one ſufficient Labourer, upon ſuch [94] nine of the ſaid ten Days to be appointed by the Surveyors of the Highways of that Pariſh or Place in every Year, as the ſaid Surveyors ſhall purſuant to the Power herein after given to them require, work and travel in the amending the Highways in that Pariſh or Place wherein ſuch Eſtate doth lie (notwithſtanding ſuch Perſon may have a Plough⯑land, or be obliged to provide Wheel-Carriage or Labourers in ſome other Pariſh or Place) upon Pain that every Perſon failing ſo to do on any of the ſaid nine Days, ſhall forfeit for every La⯑bourer whom he or ſhe ought to have ſent as afore⯑ſaid, the Sum of four Shillings.
Occupiers of 30l. a Year ſhall labour eight Days.XXIV. And be it further Enacted, by the Authority aforeſaid, That every Inha⯑bitant, and every other Per⯑ſon whatſoever, occupying and having in his or her Poſſeſſion, in any one Pariſh or Place where he or ſhe are not chargeable with a Ploughland, Wheel-Carriage, or Draught, an Eſtate conſiſting of a Meſſuage or Meſſuages, or a Parcel or Par⯑cels, of Arable, Meadow, Paſture, Garden-Ground, Woodland, Coppice, or other Land, that ſhall be let at thirty Pounds by the Year, or ſhall be bona fide worth thirty Pounds by the Year to be let (the Timber thereon excepted) ſhall by them⯑ſelves, or one ſufficient Labourer, upon ſuch eight of the ſaid ten Days to be appointed by the Sur⯑veyors of the Highways of that Pariſh or Place, in [95] every Year, as the ſaid Surveyors ſhall purſuant to the Power herein after given to them require, work and travel in the amending the Highways in that Pariſh or Place wherein ſuch Eſtate doth lie (notwithſtanding ſuch Perſon may have a Ploughland, or be obliged to provide Wheel-Car⯑riage or Labourers in ſome other Pariſh or Place) upon Pain that every Perſon failing ſo to do on any of the ſaid eight Days, ſhall forfeit for every Labourer whom he or ſhe ought to have ſent as aforeſaid, the Sum of four Shillings.
Occupiers of 25l. a Year ſhall labour ſeven Days.XXV. And be it further Enacted, by the Authority aforeſaid, That every Inha⯑bitant, and every other Per⯑ſon whatſoever, occupying and having in his or her Poſſeſſion in any one Pariſh or Place where he or ſhe are not chargeable with a Ploughland, Wheel-Carriage, or Draught, an Eſtate conſiſting of a Meſſuage or Meſſuages, or a Parcel or Par⯑cels, of Arable, Meadow, Paſture, Garden-Ground, Woodland, Coppice, or other Land that ſhall be let at twenty five Pounds by the Year, or ſhall be bona fide worth twenty five Pounds by the Year to be let (the timber thereon excepted) ſhall by themſelves, or one ſufficient Labourer, upon ſuch ſeven of the ſaid ten Days to be appointed by the Surveyors of the Highways of that Pariſh or Place in every Year, as the ſaid Surveyors ſhall purſuant to the Power herein after given to them [96] require, work and travel in the amending the High⯑ways in that Pariſh or Place wherein ſuch Eſtate doth lie (notwithſtanding ſuch Perſon may have a Ploughland or be obliged to provide Wheel-Car⯑riage or Labourers in ſome other Pariſh or Place) upon Pain that every Perſon failing ſo to do on any of the ſaid ſeven Days, ſhall forfeit for every Labourer whom he or ſhe ought to have ſent as aforeſaid, the Sum of four Shillings.
Occupiers of 20l. a Year ſhall labour ſix Days.XXVI. And be it further Enacted, by the Authority aforeſaid, That every Inha⯑bitant, and every other Per⯑ſon whatſoever, occupying and having in his or her Poſſeſſion in any one Pariſh or Place where he or ſhe are not chargeable with a Ploughland, Wheel-Carriage, or Draught, an Eſtate conſiſting of a Meſſuage or Meſſuages, or a Parcel or Parcels of Arable, Meadow, Paſture, Garden-Ground, Wood⯑land, Coppice, or other Land that ſhall be let at twenty Pounds by the Year, or ſhall be bona fide worth twenty Pounds by the Year, to be let (the Timber thereon excepted) ſhall by themſelves or one ſufficient Labourer, upon ſuch ſix of the ſaid Ten Days to be appointed by the Surveyors of the Highways of that Pariſh or Place, in every Year, as the ſaid Surveyors ſhall purſuant to the Power herein after given to them require, work and travel in the amending the Highways in that Pariſh or Place wherein ſuch Eſtate doth lie (notwithſtand⯑ing [97] ſuch Perſon may have a Ploughland, or be obliged to provide Wheel-Carriage or Labourers in ſome other Pariſh or Place) upon Pain that every Perſon failing ſo to do on any of the ſaid ſix Days, ſhall forfeit for every Labourer whom he or ſhe ought to have ſent as aforeſaid, the Sum of four Shillings.
Occupiers of 15l. a Year ſhall labour five Days.XXVII. And be it fur⯑ther Enacted, by the Autho⯑rity aforeſaid, That every In⯑habitant, and every other Perſon whatſoever, occupying, and having in his or her Poſſeſſion, in any one Pariſh or Place where he or ſhe are not chargeable with a Ploughland, Wheel-Carriage, or Draught, an Eſtate conſiſting of a Meſſuage or Meſſuages, or a Parcel or Par⯑cels of Arable, Meadow, Paſture, Garden-Ground, Woodland, Coppice, or other Land; that ſhall be let at fifteen Pounds by the Year, or ſhall be bona fide worth fifteen Pounds by the Year to be let, (the Timber thereon excepted) ſhall by them⯑ſelves, or one ſufficient Labourer, upon ſuch five of the ſaid ten Days to be appointed by the Surveyors of the Highways of that Pariſh or Place in every Year, as the ſaid Surveyors ſhall pur⯑ſuant to the Power herein after given to them re⯑quire, work and travel in the amending the High⯑ways in that Pariſh or Place wherein ſuch Eſtate doth lie (notwithſtanding ſuch Perſon may have a Ploughland, or be obliged to provide Wheel-Car⯑riage [98] or Labourers in ſome other Pariſh or Place) upon Pain that every Perſon failing ſo to do on any of the ſaid five Days, ſhall forfeit for every Labourer whom he or ſhe ought to have ſent as aforeſaid, the Sum of four Shillings.
Occupiers of 12l. a Year ſhall labour four Days.XXVIII. And be it fur⯑ther Enacted, by the Autho⯑rity aforeſaid, That every Inhabitant, and every other Perſon whatſoever, occupying and having in his or her Poſſeſſion in any one Pariſh or Place where he or ſhe are not chargeable with a Ploughland, Wheel-Carriage, or Draught, an Eſtate conſiſting of a Meſſuage or Meſſuages, or a Parcel or Parcels of Arable, Meadow, Paſture, Garden-Ground, Woodland, Coppice, or other Land, that ſhall be let at twelve Pounds by the Year, or ſhall be bona fide worth twelve Pounds by the Year to be let (the Timber thereon excepted) ſhall by themſelves, or one ſufficient Labourer, upon ſuch four of the ſaid ten Days to be appointed by the Surveyors of the Highways of that Pariſh or Place, in every Year, as the ſaid Surveyors ſhall purſuant to the Power herein after given to them require, work and travel in the amending the Highways in that Pariſh or Place wherein ſuch Eſtate doth lie (notwithſtanding ſuch Perſon may have a Plough⯑land, or be obliged to provide Wheel-Carriage or Labourers in ſome other Pariſh or Place) upon Pain that every Perſon failing ſo to do on any of [99] the ſaid four Days, ſhall forfeit for every La⯑bourer whom he or ſhe ought to have ſent as afore⯑ſaid, the Sum of four Shillings.
Occupiers of 9l. a Year ſhall labour three Days.XXIX. And be it further Enacted, by the Authority aforeſaid, That every Inha⯑bitant, and every other Per⯑ſon whatſoever, occupying and having in his or her Poſſeſſion, in any one Pariſh or Place where he or ſhe are not chargeable with a Ploughland, Wheel-Carriage, or Draught, an Eſtate conſiſting of a Meſſuage or Meſſuages, or a Parcel or Par⯑cels, of Arable, Meadow, Paſture, Garden-Ground, Woodland, Coppice, or other Land, that ſhall be let at nine Pounds by the Year, or ſhall be bona fide worth nine Pounds by the Year to be let (the Timber thereon excepted) ſhall by them⯑ſelves, or one ſufficient Labourer, upon ſuch three of the ſaid ten Days to be appointed by the Sur⯑veyors of the Highways of that Pariſh or Place, in every Year, as the ſaid Surveyors ſhall purſuant to the Power herein after given to them require, work and travel in the amending the Highways in that Pariſh or Place wherein ſuch Eſtate doth lie (notwithſtanding ſuch Perſon may have a Ploughland, or be obliged to provide Wheel-Car⯑riage or Labourers in ſome other Pariſh or Place) upon Pain that every Perſon failing ſo to do on any of the ſaid three Days, ſhall forfeit for every [100] Labourer whom he or ſhe ought to have ſent as aforeſaid, the Sum of four Shillings.
Occupiers of 6l. a Year ſhall labour two Days.XXX. And be it further Enacted, by the Authority aforeſaid, That every Inha⯑bitant, and every other Per⯑ſon whatſoever, occupying and having in his or her Poſſeſſion in any one Pariſh or Place where he or ſhe are not chargeable with a Ploughland, Wheel-Carriage, or Draught, an Eſtate conſiſting of a Meſſuage or Meſſuages, or a Parcel or Par⯑cels, of Arable, Meadow, Paſture, Garden-Ground, Woodland, Coppice, or other Land that ſhall be let at ſix Pounds by the Year, or ſhall be bona fide worth ſix Pounds by the Year to be let (the timber thereon excepted) ſhall by him or herſelf or one ſufficient Labourer, upon ſuch two of the ſaid ten Days to be appointed by the Surveyors of the Highways of that Pariſh or Place, in every Year, as the ſaid Surveyors ſhall purſuant to the Power herein after given to them require, work and travel in the amending the High⯑ways in that Pariſh or Place wherein ſuch Eſtate doth lie (notwithſtanding ſuch Perſon may have a Ploughland or be obliged to provide Wheel-Car⯑riage or Labourers in ſome other Pariſh or Place) upon Pain that every Perſon failing ſo to do on any of the ſaid two Days, ſhall forfeit for every Labourer whom he or ſhe ought to have ſent as aforeſaid, the Sum of four Shillings.
[101] Occupiers of 3l. a Year ſhall labour one Day.XXXI. And be it further Enacted, by the Authority aforeſaid, That every Inha⯑bitant, and every other Per⯑ſon whatſoever, occupying and having in his or her Poſſeſſion in any one Pariſh or Place where he or ſhe are not chargeable with a Ploughland, Wheel-Carriage, or Draught, an Eſtate conſiſting of a Meſſuage or Meſſuages, or a Parcel or Parcels of Arable, Meadow, Paſture, Garden-Ground, Wood⯑land, Coppice, or other Land that ſhall be let at three Pounds by the Year, or ſhall be bona fide worth three Pounds by the Year, to be let (the Timber thereon excepted) ſhall by themſelves or one ſufficient Labourer, upon ſuch one of the ſaid ten Days to be appointed by the Surveyors of the Highways of that Pariſh or Place, in every Year, as the ſaid Surveyors ſhall purſuant to the Power herein after given to them require, work and travel in the amending the Highways in that Pariſh or Place wherein ſuch Eſtate doth lie (notwithſtand⯑ing ſuch Perſon may have a Ploughland, or be obliged to provide Wheel-Carriage or Labourers in ſome other Pariſh or Place) upon Pain that every Perſon failing to do his ſaid Day's Work either by him or herſelf, or a Labourer as afore⯑ſaid, ſhall forfeit the Sum of Four Shillings.
[102] Every other Inhabitant, Cottager, and Labourer, ſhall labour one Day.XXXII. And be it further Enacted, by the Authority a⯑foreſaid, that every other In⯑habitant, Cottager, Labourer able to labour, or other Perſon, being no hired Servant by the Year, ſhall by him or herſelf, or one ſufficient Labourer for every of them, upon ſuch one of the ſaid ten Days to be appointed by the Surveyors of the Highways of that Pariſh or Place wherein ſuch Inhabitant, Cottager, Labourer or other Perſon, ſhall dwell, in every Year, as the ſaid Surveyors ſhall purſuant to the Power herein after given to them require, work and tra⯑vel in amending the Highways in ſuch Pariſh or Place, upon Pain that every Perſon failing to do his or her ſaid Day's Work, either by him or herſelf, or a Labourer as aforeſaid, ſhall forfeit the Sum of four Shillings, except ſuch Perſons as are exempted from the uſual Taxes and Payments to the Church and Poor of ſuch Pariſh or Place by Reaſon of their Poverty, or the Smallneſs of their Eſtates.
How the particular Perſons chargeable to the Repair of the Highways ſhall be called out.XXXIII. And whereas great Inconveniencies have been found to ariſe and happen by the Attendance of all the Inhabitants of Pariſhes on every of the Days appointed by Law for the Perfor⯑mance of their Statute-Labour; Be it Enacted, by the Authority aforeſaid, that from henceforth it ſhall and may be lawful to and for the Pariſh-Surveyors of the Highways within their reſpective [103] Pariſhes and Places, to nominate and appoint the ſeveral and particular Days on which thoſe Per⯑ſons ſhall attend and work, who are by this Act chargeable with any Number leſs than the ten Days herein before directed to be appointed: And that the ſaid Surveyors ſhall therefore give reaſonable Notice in Writing to every Perſon ſo chargeable, of the particular Days whereon they are by the ſaid Surveyors required to work: And that the ſaid Surveyors ſhall make and ſet down in Wri⯑ting a true and particular Account of the Names of the Perſons ſo called out, and of the ſeveral Days on which they were by the ſaid Notice re⯑quired to attend, upon Pain to forfeit in like Manner as if the ſaid Surveyors had refuſed to take on them the ſaid Office.
Perſons who keep Coaches, &c. how to be charged.XXXIV. And be it further Enacted, by the Authority a⯑foreſaid, That all and every Perſons and Perſon keeping for their, his, and her own Uſe, and not for Hire, any Coach, Chariot, Poſt-Chaiſe, or other Wheel-Carriage, for the Conveyance of Perſons, and uſually drawn with two Horſes only, ſhall be chargeable with, and yearly and every Year pay the Sum of 10s. notwithſtanding any Statute-Duty they ſhall or may be liable to, in reſpect of their occupying one or more Ploughland or Plough⯑lands, or keeping a Draught or Draughts, or be⯑ing Inhabitants or otherwiſe chargeable with the Repair of the Highways by this or any other Act, and over and above all and every Penalties or Pe⯑nalty, [104] Forfeitures or Forfeiture, for the Non⯑performance thereof. And that all and every Per⯑ſons and Perſon keeping as aforeſaid any Coach, Chariot, Poſt-Chaiſe, or other Wheel-Carriage, for the Conveyance of Perſons, uſually drawn with four Horſes, ſhall be in like Manner chargeable with, and yearly pay the Sum of 15s. And that all and every Perſons and Perſon keeping as aforeſaid any Coach, Chariot, Poſt-Chaiſe, or other Wheel-Carriage, for the Conveyance of Perſons, uſually drawn with ſix Horſes, ſhall be in like Manner chargeable with, and yearly pay the Sum of 20s. notwithſtanding their being liable to any Statute-Duty, or otherwiſe chargeable as aforeſaid.
How each Perſon ſhall work, and with what Tools he ſhall be pro⯑vided.XXXV. And be it further Enacted, by the Authority aforeſaid, That all and every the Inhabitants, Cottagers, Labourers, and others, hereby required and obliged to go themſelves or find ſuffi⯑cient Labourers to work and travel in amending the Highways; and alſo all and every Perſons and Perſon hereby required and obliged to ſend Waggons, Carts, or other Wheel-Carriages or Draughts, and alſo all and every Perſons and Perſon hereby re⯑quired and obliged to ſend Horſes or other Carriages for amending the Highways, ſhall have and bring with them ſuch Baſkets, Shovels, Spades, Picks, Mattocks, and other Tools and Inſtruments, as are commonly uſed for making Hedges, Fences and [105] Ditches, and ſuch as are neceſſary and proper for the Work directed for them to do by the Surveyors of the Highways of the Pariſh or Place where they reſpectively dwell: And all and every of the ſaid Inhabitants, Cottagers, Labourers, and others, who are obliged to go themſelves or to find ſuffi⯑cient Labourers to work and travel in amend⯑ing the Highways, and alſo every of the ſaid Perſons and Perſon who are to ſend Waggons, Carts, or other Wheel-Carriages, or Draughts, and alſo every of the ſaid Perſon or Perſons who are to ſend Horſes or other Carriages for amending any of the Highways as before-mentioned, ſhall do and keep their Work eight hours on every of the ſeveral Days appointed by the ſaid Surveyors for them to work reſpectively, that is to ſay, from ſeven o'Clock in the Morning to three o'Clock in the Af⯑ternoon, and all the ſaid Perſons ſhall work at ſuch Place, and in ſuch Manner as the ſaid Surveyors re⯑ſpectively or the Aſſiſtant-Surveyors ſhall order or direct. And if any of the Inhabitants, Cottagers, Labourers, or others, who are obliged to go them⯑ſelves or to find ſufficient Labourers to work and tra⯑vel in amending the Highways, or if any of the Per⯑ſon or Perſons who are to ſend Waggons, Carts, or other Wheel-Carriages or Draughts, or if any Perſon or Perſons who are to ſend Horſes or other Car⯑riages, ſhall not be provided to do their Duty as is above directed, or ſhall not continue to work as they ought during all the ſaid eight hours, or ſhall not work at the Place appointed for them by any of the Sur⯑veyors, [106] or ſhall not work in the Manner they are ordered by any of the ſaid Surveyors, the Per⯑ſon or Perſons ſo making Default in any of the ſaid Caſes ſhall loſe the benefit of his, her, or their Service on ſuch Days as the ſaid Defaults were made, and ſhall be liable to do Duty in amend⯑ing their ſaid Highways for the ſame Number of Days as if they had not done any Duty at all.
Pariſh-Surveyors to at⯑tend and ſee the Duty performed.XXXVI. And be it further Enacted, by the Authority a⯑foreſaid, That the Pariſh-Sur⯑veyors of every Pariſh and Place, unleſs prevented by Illneſs, or having ſome rea⯑ſonable Excuſe to be allowed of by the Juſtices of the Peace, ſhall duly attend on every of the Days to be from Time to Time appointed for the Performance of the Statute-Work within their reſpective Pariſhes and Places, and take an Account in Writing of all Defaulters, and of their reſpective Defaults, upon Pain that every Surveyor not attending, ſhall forfeit for every Day's Non-attendance the Sum of 40s.
No Surveyor to accept any Compoſition for Sta⯑tute-Work.XXXVII. And be it further Enacted, by the Authority a⯑foreſaid, That no Surveyor ſhall take or accept of any Gratuity or Compoſition whatſoever for any Sta⯑tute-Labour by this act required to be done, on Pain to forfeit for the ſaid Offence the Sum of fifty Pounds.
[107] Surveyors may gather and carry away Stones from any Perſon's Ground at proper Seaſons, and may dig and carry away from any Highway, Heath, Fo⯑reſt, or Common, any Stones, Gravel, &c. for amending of Highways, Bridges, or Cauſways. Vide 5 Eliz. cap. 13. ſect. 3.XXXVIII. And, be it further Enacted, by the Authority a⯑foreſaid, That every Pariſh-Surveyor of the Highways of any Pariſh or Place, or any other Perſons or Perſon by ſuch Surveyor's Order or Direction, ſhall and may at proper Seaſons go upon the Arable, Paſture, or common Grounds, of any other Perſon or Perſons in the ſame Pariſh or Place, and gather and carry away with Carts or other proper Carriages ſuch ſmall Stones lying thereon as are proper and neceſſary for amending any of the Highways lying in the ſame Pariſh or Place; the ſaid Surveyors or other Perſons act⯑ing by their Direction, not doing any wilful Spoil or Damage, and ſuch Surveyors, and other Perſons by their Order and Direction, ſhall and may alſo dig, take, and carry away from any Highway, Heath, Foreſt or Common, in the ſame Pariſh or Place, any Stones, Gravel, Chalk, Sand, Heath, Ling, Furze, or Buſhes, proper and neceſſary for amending any Highways, Bridges or Cauſways in the ſame Pariſh or Place; the ſaid Surveyors or other Perſons employed by them not doing any wilful Spoil or Damage, and cauſing all ſuch Pits and Places to be filled up, and the Ground to be levelled at the Charge of the Pariſh or Place immediately after ſuch [108] Stones, Gravel, Chalk or Sand, ſhall be carried away.
Surveyors by the Order of the Juſtices may dig in any incloſed Ground for Gravel, Sand, &c. ſo as the Pit be but ten Yards over, and the ſame be fil⯑led up at the Charge of the Pariſh. Vide 26 Geo. 2. cap. 28.XXXIX. And be it further Enacted and declared, by the Authority aforeſaid, That every Pariſh-Surveyor of the Highways of any Pariſh or Place, or other Perſons by their Direction, by the Or⯑der or Direction of the Ju⯑ſtices of the Peace, or any two of them aſſembled at any ſuch Special Seſſion as aforeſaid, ſhall have Power and Authority, for amending any of the Highways in ſuch Pariſh or Place, to dig, take, and carry away (in the ſeveral Grounds of any Perſon lying within the ſame Pariſh or Place, and near or adjoining to the Highway to be amended) any Gravel, Sand, Chalk, or other Materials proper and neceſſary to amend the ſaid Highways, ſo as they dig in no Houſe, Yard, Orchard, Garden, or Meadow, and but one only Pit, and that not to be either in Breadth or Length above ten Yards over at the moſt, and ſo as the ſame within one Month after the ſaid Materials are carried away be filled up again and levelled at the Charge of the Pariſh or Place as the ſaid Juſtices ſhall direct.
[109] Where any Perſon hath ſuffered unexpected Da⯑mage by digging in his Ground, or where the Sur⯑veyors have laid out their own Money, or where any Pariſh ſhall want Mate⯑rials or Labour, or where Fines or Iſſues ſhall have been levied on any one or more of the Inhabitants, or ſhall be made payable by the Order of any Court of Law, two Juſtices may make an Aſſeſſment of Six-pence in the Pound. Vide 3 Will. cap. 12. ſect. 13.—1 Geo. cap. 52. ſect. 6.XL. And be it further En⯑acted, by the Authority a⯑foreſaid, That where the Juſtices of the Peace, or any two of them met at any ſuch Special Seſſion as afore⯑ſaid, ſhall be ſatisfied by the Oath of any Pariſh-Surveyor of the Highways or other Credible Perſon or Perſons, that any Perſon or Perſons hath ſuffered more Damage than was expected by dig⯑ging ſuch Pit or Pits, in any incloſed Grounds as afore⯑ſaid, or ſhall be ſatisfied that any Pariſh-Surveyor or Surveyors of the Highways of any Pariſh or Place hath laid out his own Money in Paying for Workmanſhip, or in purchaſing Materials neceſſary for repairing any Highways, Bridges, or Cauſways, in the ſame Pariſh or Place, or ſhall be ſatisfied on the Complaint of any Pariſh-Surveyor or Surveyors of the Highways or other⯑wiſe, that Workmanſhip or Materials are want⯑ing for the neceſſary Repairs of the Highways, Bridges, or Cauſways, in any Pariſh or Place, or that Fines, Iſſues, or Forfeitures, for not re⯑pairing any Highway, have been levied on any one or more Inhabitant or Inhabitants of ſuch Pariſh or Place, by the Order or Authority of any Court of Law or Juſtice, or ſhall be im⯑poſed [110] or made payable by the Order or Determi⯑nation of any ſuch Court of Law or Juſtice, that in all or any of the ſaid Caſes, the ſaid Juſtices, or any two of them, aſſembled at any ſuch Special Seſſion as aforeſaid, ſhall hereby have Authority to order one or more Rates or Aſſeſſments to be equally made by the Pariſh-Surveyor or Sur⯑veyors of the Highways of ſuch Pariſh or Place, upon all the Inhabitants and others of ſuch Pa⯑riſh or Place, according to the Rules and Me⯑thods preſcribed in and by an Act of Parlia⯑ment made in the three and fortieth Year of the Reign of the late Queen Elizabeth, intituled, An Act for the better Relief of the Poor of this King⯑dom; which Rate or Aſſeſſment ſo made ſhall be allowed and confirmed by the ſaid Juſtices or any two of them, either in or after any ſuch ſpecial Seſſion, and ſhall be collected and gather⯑ed by the Pariſh-Surveyor or Surveyors of the Highways of ſuch Pariſh or Place. And if any Perſon or Perſons ſhall make Default in Pay⯑ment of the Sum or Sums of Money ſo rated or aſſeſſed on him, her, or them, by the Space of ten Days after the ſame ſhall have been de⯑manded of him, her, or them, by the ſaid Sur⯑veyor or Surveyors, that then the ſaid Juſtices of the Peace, or any one of them, who allowed and confirmed ſuch Rate or Aſſeſſment (after hearing or duly ſummoning ſuch Perſons to ſhew Cauſe to the contrary) may, if he or they think it reaſonable, relieve ſuch Perſon or Perſons, or [111] may grant a Warrant under his or their Hands and Seals, for the Pariſh-Surveyor or Surveyors of the Highways of ſuch Pariſh or Place to levy the Sum and Sums of Money ſo rated or aſſeſſed as aforeſaid, by Diſtreſs and Sale of the Goods and Chattels of ſuch Perſon or Perſons ſo making Default rendering the Overplus to the Owner thereof after the ſaid Sum and Sums and the Charges of taking, keeping, and ſelling the ſaid Diſtreſs is allowed by any of the ſaid Ju⯑ſtices, and thereout firſt deducted. And for want of ſufficient Diſtreſs the ſaid Juſtices or Juſtice of the Peace may commit ſuch Perſon or Per⯑ſons to the common Gaol or Houſe of Correc⯑tion, there to remain until the Sum and Sums on him or her ſo rated or aſſeſſed ſhall be fully paid and ſatisfied, unleſs ſooner diſcharged by the Juſtices in their General Quarter-Seſſion of the Peace, provided always that no ſuch Rates or Aſſeſſments for the Repairs of any Highways, Bridges, Cauſways, Streets, or Pavements, ſhall (over and above their Statute-Work) in any one Pariſh or Place, and in any one Year, ex⯑ceed the Rate of Six-pence in the Pound of the Yearly Value of the Houſes, Lands, Tene⯑ments, Hereditaments, and other yearly Profits thereof in any ſuch Pariſh or Place, unleſs where any ſuch Pariſh or Place ſhall be preſented on the Knowledge and View of a Juſtice of the Peace in the General Quarter-Seſſions of the Peace, or ſhall be fined by any Judge of Aſ⯑ſize.
[112] The Inhabitants of any Part of a Pariſh having done their Statute-Work, and laid out the Money raiſed by an Aſſeſſment, if the Highways are not thereby ſufficiently repaired, the whole Pariſh ſhall con⯑tribute. Vide 7 Will. cap. 29. ſect. 4.XLI. And be it further En⯑acted, by the Authority a⯑foreſaid, That if the Inha⯑bitants of any Inſhip, Li⯑berty, Precinct, Vill, Ham⯑let, Tithing, or other Part of any Pariſh, having uſually repaired their own High⯑ways, Bridges, and Cauſ⯑ways, ſhall in any one Year have performed their Statute-Work as herein before is directed, and ſhall alſo have levied and laid out a Rate or Aſſeſs⯑ment of Six-pence in the Pound on the yearly Value of all Houſes, Lands, Tenements, Heredita⯑ments, and other yearly Profits thereof in the Re⯑pair of their ſaid Highways, Bridges, or Cauſways; and yet their Highways, Bridges, or Cauſways, or ſome of them, ſhall not then be ſufficiently repair⯑ed, then, and in all ſuch Caſes, the Juſtices of the Peace, or any two of them, aſſembled at any ſuch ſpecial Seſſion as aforeſaid, ſhall and may order the whole Pariſh to contribute to the Repairing thereof, and the Surveyor and Sur⯑veyors of every ſuch Pariſh are hereby required to repair the ſame accordingly.
Where the Occupiers or Occupier of any ex⯑traparochial Place ſhall refuſe to repair the High⯑ways, &c. the Juſtices may order the ſame to be repaired, and may levy the Money expended by Diſtreſs and Sale.XLII. And be it further En⯑acted, by the Authority afore⯑ſaid, That if the Occupier or Occupiers of any extraparo⯑chial [113] Place or Parcel of Lands, (having no Inhabitants there⯑in to be appointed Surveyors of the Highways) ſhall ne⯑glect or refuſe well and ſuffi⯑ciently to repair and amend any Highway, Bridge, or Cauſway, lying within any ſuch extraparochial Place, and which the Occupiers of ſuch extra⯑parochial Place ought to repair, by the Space of thirty Days after Notice in Writing ſhall have been given to any of the Occupiers thereof to repair and amend the ſame by the Order or Direction of any one Juſtice of the Peace, that then it ſhall be lawful for the Juſtices of the Peace, or any two of them, aſſembled at any ſuch ſpecial Seſſion as aforeſaid, (ſuch Occupier or Occupiers being firſt ſummoned to attend and be heard at ſuch ſpe⯑cial Seſſion) to order and appoint the repairing and amending ſuch Highways, Bridges, and Cauſ⯑ways, in ſuch Manner as they ſhall think proper, and to contract with any Perſon or Perſons for the doing thereof, and by Warrant under their Hands and Seals to levy by Diſtreſs and Sale of all or any of the Corn, Grain, Hay, Straw, or any other Produce (Timber Trees excepted) of ſuch extraparochial Place (when the ſaid Corn, Grain, Hay, Straw, or other Produce ſhall be ſevered from the Ground) all ſuch Sum and Sums of Money as ſhall have been expended in repairing or amend⯑ing ſuch Highways, Bridges, or Cauſways, or by Means thereof. Provided always, that the Sum or Sums of Money ſo ordered to be levied by the [114] ſaid Juſtices for repairing any ſuch Highways, Bridges, or Cauſways, ſhall not in any one Year (where the Statute-Work has been done and per⯑formed as in this Act is directed) exceed the Rate of Six-pence in the Pound, of the yearly Value of the Houſes, Lands, Tenements, Hereditaments, and other yearly Profits thereof, in any ſuch Extrapa⯑rochial Place. And in all Caſes where no Corn, Grain, Hay, Straw, or other Produce (Timber-Trees excepted) can be had from the Premiſſes as aforeſaid, ſufficient to reimburſe the Charges of repairing and amending ſuch Highways, Bridges or Cauſeways as aforeſaid, that then and in that Caſe the Expences of repairing and amending ſuch Highways, Bridges, and Cauſways, or ſo much thereof as ſhall be wanting ſhall be certified by the ſaid Juſtices of the Peace or any two of them aſſembled at any ſuch ſpecial Seſſion as aforeſaid, to the Treaſurer or Treaſurers of the County, City, Liberty, or Place, wherein ſuch extraparochial Place doth lie, who are hereby im⯑powered and required to pay the Sum or Sums of Money ſo certified to ſuch Perſon or Perſons as the ſaid Juſtices or any two of them ſhall order or direct, and the Sum or Sums of Money ſo certi⯑fied and paid by the Treaſurer or Treaſurers of any County, City, Liberty, or Place, for the Purpoſes aforeſaid, ſhall be allowed in ſuch Treaſurers Ac⯑count, and ſhall be aſſeſſed, collected, and levied on ſuch County, City, Liberty, or Place, in the ſame Manner as other Monies are, for the Repairs of [115] County Bridges. And all ſuch Sum or Sums of Money ſo certified and paid by the Treaſurer or Treaſurers of any County, City, Liberty, or Place as aforeſaid, ſhall be a Charge on ſuch extraparo⯑chial Eſtate, and deemed a juſt Debt to ſuch County, City, Liberty, or Place, and recoverable before the Judges of Aſſize in their Circuits, or in any of the Courts of Law or Equity.
Seſſions may enlarge High⯑ways and make Aſſeſſments. Vide 8 & 9 Will. 3. Cap. 16. Sect. 1.XLIII. And be it fur⯑ther Enacted, by the Au⯑thority aforeſaid, That the Juſtices of the Peace of any County, City, Riding, Diviſion, Liberty or Place, or the major Part of them, being five at the leaſt, at their Quarter Seſſions, ſhall have Power to enlarge or widen any Highways in their reſpective Counties, Ridings, Diviſions, Li⯑berties or Places, ſo that the Ground to be taken into the ſaid Highways do not exceed eight Yards in Breadth, and that the ſaid Power do not ex⯑tend to pull down any Houſe, or to take away the Ground of any Garden, Orchard, Court or Yard: and for the Satisfaction of the Perſons who are Owners of, or may be intereſted in the ſaid Ground that ſhall be laid into the ſaid High⯑ways, the ſaid Juſtices are hereby impowered to impannel a Jury before them, and to adminiſter an Oath to the ſaid Jury, that they will aſſeſs ſuch Damages to be given, and Recompence to be made to the Owners and others intereſted in the ſaid Ground-Rent or Charge reſpectively, [116] for their reſpective Intereſts, as they ſhall think reaſonable, not exceeding thirty Years Purchaſe for Lands ſo laid out, and likewiſe ſuch Re⯑compence as they ſhall think reaſonable, for the making of a new Ditch and Fence to that Side of the Highway that ſhall be ſo en⯑larged, and alſo Satisfaction to any Perſon that may be otherwiſe injured by the enlarging of the ſaid Highways; and upon Payment of the ſaid Money ſo awarded, or leaving it in the Hands of the Clerk of the Peace of the reſpective County, for the Uſe of the Owner, or of others intereſted in the ſaid Ground, the Intereſt of the ſaid Perſons, in the ſaid Ground-Rent or Charge, ſhall be for ever diveſted out of them: And the ſaid Ground, and all other Grounds that ſhall be laid into any Highway by Virtue of this Act, ſhall be eſteemed and taken to be a public Highway to all Intents and Purpoſes whatſo⯑ever: and the ſaid Juſtices of the Peace for any County, City, Riding, Diviſion, Liberty, or other Place, or the major Part of them, being five at the leaſt, ſhall have Power to Order one or more Aſſeſſment or Aſſeſſments to be made, levied or collected, upon all and every the In⯑habitants, Owners, or Occupiers of Lands, Houſes, Tenements or Hereditaments in their reſpective Pariſhes or Places that ought to re⯑pair the ſame, to ſuch Perſon and Perſons, and in ſuch Manner as the ſaid Juſtices at ſuch Seſ⯑ſions ſhall direct and appoint; and the Money [117] thereby raiſed ſhall be employed and accounted for, according to the Order and Direction of the ſaid Juſtices, for and towards the purchaſing of the Land to enlarge the ſaid Highways, and for the making the ſaid Ditches and Fences: and the ſaid Aſſeſſment ſhall, by Order of the ſaid Juſtices, be levied by the Overſeers of the Highways, by Diſtreſs and ſale of the Goods of Perſons ſo aſſeſſed, not paying the ſame within ten Days after Demand, rendering the Overplus of the Value of the Goods ſo diſtrained, to the Owner and Owners thereof (the neceſſary Charges of Making and ſelling ſuch Goods be⯑ing firſt deducted.)
But not to exceed 6d. in the Pound. Vide 8 & 9 Will. 3. Sect. 2.XLIV. Provided never⯑theleſs, and be it Enact⯑acted, That no ſuch Aſſeſſment or Aſſeſſments made in any one Year, for enlarging of High⯑ways, ſhall exceed the Rate of Six-Pence in the Pound of the yearly Income of any Lands, Houſes, Tenements, and Hereditaments, nor the Rate of Six-Pence in the Pound for Perſonal Eſtates.
Quarter-Seſſions ſhall iſſue Precepts to Owners of Ground to ſhew Cauſe why the ſame ſhould not be taken in. Vide 8 & 9 Will. 3. Sect. 3.XLV. And that no Per⯑ſon may be ſurpriſed by the Power contained in this Act, but may have timely No⯑tice to appear to make their Complaints to the ſaid Juſtices, Be it enacted by [118] the Authority aforeſaid, That the Juſtices of the Peace of any County, City, Riding, Diviſion, Liberty or Place, or the major Part of them, being five at the leaſt, at their Quarter-Seſſions at the Requeſt of any Perſon for the putting in Execution the Powers contained in this Act for the enlarging of Highways, ſhall iſſue out their Precepts to the Owner or Owners of Ground, or others intereſted in the ſame, that are to be laid in to the ſaid Highways, to appear at the next Quarter-Seſſions, or ſhew Cauſe why the ſaid Highways ſhould not be enlarged; any thing in this Act contained to the contrary not⯑withſtanding.
Liberty for ſuch Owners to cut down Wood growing thereon. Vide 8 & 9 Will. 3 Sect. 4.XLVI. Provided alſo, and be it Enacted by the Authority aforeſaid, That if any Order or De⯑cree ſhall be made by the ſaid Juſtices for the laying out of Ground for the enlarging of Highways, that the Owners or Proprietors of the ſaid Ground have hereby free Liberty, within eight Months after ſuch Order, to cut down any Wood or Timber growing upon the ſaid Ground, or upon the Neglect thereof, that the ſame ſhall be ſold by Order of the ſaid Juſtices, and the Owners of ſuch Wood or Timber ſhall receive the full of what ſhall be made of ſuch Wood or Timber (the Charges of working the ſame being firſt deducted.)
[119] Appeal to Judges of Aſ⯑ſize. Vide 8 & 9 Will. 3. Sect. 5.XLVII. And be it further Enacted, by the Authority aforeſaid, That it ſhall and may be lawful for any Perſon aggrieved by the Order or Decree of the ſaid Juſtices, to appeal to the Judges of Aſſize at the next Aſſize only to be held for the County where ſuch Decree or Order ſhall be made, and any of the ſaid Judges are hereby im⯑powered to re-examine, affirm or reverſe the ſaid former Order and Decree, as in Judgment they ſhall think fit, and if affirmed, to award Coſts againſt ſuch Appellants for their Vexation and Delay, and to cauſe the ſame to be levied by Diſtreſs and Sale of the Appellants Goods, rendering the Overplus (if any ſuch be) to the ſaid Appellants.
Appeal from Inquiſitions on Writs of Ad quod Damnum. Vide 8 & 9 Will. 3. Sect. 6.XLVIII. Provided alſo, and be it Enacted, That where any common High⯑way at any Time hereafter ſhall be encloſed, af⯑ter a Writ of Ad quod Damnum iſſued, and In⯑quiſition thereupon taken, it ſhall and may be lawful to and for any Perſon or Perſons injured or aggrieved by ſuch Incloſure, to make their Com⯑plaint thereof by Appeal to the Juſtices at the Quarter-Seſſions to be held for the ſame County next after ſuch Inquiſition taken, who are hereby authorized and impowered to hear and deter⯑mine ſuch Appeal, and whoſe Determination therein ſhall be final; and if no ſuch Appeal be made, then the ſaid Inquiſition and Return en⯑tered [120] and recorded by the Clerk of the Peace of ſuch County at the Quarter-Seſſions, ſhall be for ever afterwards binding to all Perſons what⯑ſoever, without any further or other Appeal; any Law or Statute to the contrary notwith⯑ſtanding.
Powers and Authori⯑ties for rendering this Act effectual given to the Ju⯑ſtices, w [...]h an Appeal to the Quarter-Seſſions.XLIX. And be it further Enacted, and declared, by the Authority aforeſaid, That the Juſtices of the Peace, or any two of them aſſembled at any ſuch ſpecial Seſſion as aforeſaid, ſhall hereby have Power and Authority to ſummon, hear, adjudge, and determine by the Oath of one or more credible Wit⯑neſs or Witneſſes, which are, and which are not Highways, Bridges, Cauſways, Streets, or Pave⯑ments to be by Virtue of this Act repaired and a⯑mended, and who ought to repair and amend the ſame, and to order accordingly. And the ſaid Ju⯑ſtices of the Peace or any two of them aſſembled at any ſuch Special Seſſion as aforeſaid, ſhall alſo have the like Power and Authority on the Oath of one or more credible Witneſs or Witneſſes, or the Confeſſion of the Defendant before the ſaid Juſtices, to ſummon, hear, adjudge, and determine and convict or acquit all ſuch Perſons and Perſon as ſhall refuſe to pay to any Rate, Aſſeſſment, or other Payment required by Virtue of this Act, or who ſhall be charged with any Neglect of Duty, cauſing any Nuſances, or committing any of the Offences, Defaults, or Miſ⯑demeanors [121] mentioned in this Act. And the ſaid Juſtices of the Peace, or any two of them, aſſem⯑bled at any ſuch ſpecial Seſſion as aforeſaid, ſhall alſo have Power and Authority to levy by Diſtreſs and Sale of the Goods and Chattels of all and every ſuch Perſons and Perſon as ſhall refuſe to pay any Sum or Sums of Money that ſhall be rated, aſſeſ⯑ſed, or charged on him, her, or them, by Virtue of this Act, and alſo to levy by Diſtreſs and Sale of the Goods and Chattels of all and every Perſons and Perſon convicted of ſuch Neglects, Nuſances, Offences, Defaults, or Miſdemcanors, all ſuch For⯑feitures, Penalties, Demands, Fees, and Pay⯑ments, as are or ſhall be declared, required, inflict⯑ed, or incurred by Virtue of this Act.—And the ſaid Juſlices of the Peace, or any two of them aſ⯑ſembled at any ſuch ſpecial Seſſion as aforeſaid, ſhall alſo have Power and Authority to commit to the common Gaol or Houſe of Correction all ſuch Perſon or Perſons as ſhall not have Goods and Chat⯑tels ſufficient whereon to levy by Diſtreſs ſuch Rates, Aſſeſſments, or other Payments, or ſuch Forfeitures, Penalties, Damages, Fees, or other Payments as are or ſhall be declared, required, inflicted or incurred by Virtue of this Act.—And to the End that all and every of the Powers and Authorities in this Act may be executed in a regular Man⯑ner, and with as little trouble and Expence to the Subject as may be; and that no Man may be ad⯑judged to ſuffer in his Perſon or Property without an Opportunity of being heard for himſelf;—Be [122] it Enacted and declared by the Authority afore⯑ſaid, That all and every of the Neglects, Nu⯑ſances, Offences, Defaults, Miſdemeanors, Rates, Aſſeſſments, and Payments whatſoever mentioned in this Act, and alſo all other Diſputes and Diffe⯑rences, Matters and Things in this Act contained, ſhall be beard, adjudged, and determined before the Juſtices of the Peace or any two of them aſſem⯑bled in their Special Seſſion to be holden from Time to Time for the Amendment of the Highways by Way of Information or Complaint, and not other⯑wiſe (unleſs in Caſes under this Act where [...] is otherwiſe directed, or where the Offend [...] [...] preſent before the ſaid Juſtices of the Peace, aſ⯑ſembled as aforeſaid) which ſaid Information or Complaint ſhall firſt be made in Writing ſigned by the Perſon informing or complaining, and deli⯑vered to any one Juſtice of the Peace of the County City, Liberty, or Place wherein the Cauſe or Mat⯑ter of ſuch Information or Complaint ſhall ariſe, which ſaid Juſtice is hereby authorized and re⯑quired to iſſue out his Summons under his Hand and Seal, reciting the Subſtance or Matter of the ſaid Information or Complaint, or ſo much there⯑of as ſhall be material, and requiring ſuch Perſon and Perſons as ſhall appear to him to be any Way intereſted or concerned in the Matter of ſuch In⯑formation or Complaint to appear before him and ſuch other Juſtices of the Peace as ſhall meet at ſome ſubſequent Special Seſſions to be holden for the Amendment of the Highways of that Diviſion, [123] City, Liberty, or Place, at a Time and Place in ſuch Summons to be named and appointed to anſwer to the ſaid Information or Complaint, which ſaid Summons, or a true Copy thereof ſhall be delivered to the Perſon or Perſons themſelves, or left at his or her Dwelling Houſe or uſual Place of abode at leaſt forty-eight hours before the Time appointed for hearing the Matter of ſuch Information or Com⯑plaint, and if the Perſon or Perſons ſo ſummoned as aforeſaid ſhall appear at ſuch ſpecial Seſſions, or if ſuch Perſon or Perſons ſo ſummoned as afore⯑ſaid, ſhall not appear at ſuch ſpecial Seſſions, the due Service of the ſaid Summons being proved be⯑fore the ſaid Juſtices upon Oath, the ſaid Juſtices or any two of them, ſhall or may on the Oath of one or more credible Witneſs or Witneſſes, or the Confeſſion of the Defendant before them, proceed to hear, adjudge, and determine and convict or ac⯑quit on the ſaid Information or Complaint, and ſhall or may make ſuch Order or Orders therein as they ſhall think agreeable to the Intention of this Act. Nevertheleſs, all Perſons who ſhall think themſelves aggrieved by any ſuch Order or Orders made by the ſaid Juſtices aſſembled at ſuch ſpecial Seſſion as aforeſaid, may appeal againſt ſuch Order or Orders (firſt delivering a Notice in Writing to the ſaid Juſtices then met of ſuch their Intention ſo to do) to the Juſtices of the Peace at the next General Quarter-Seſſions of the Peace to be holden for the County, City, Liberty, or Place wherein ſuch Order or Orders ſhall be made, which ſaid [124] Juſtices of the Peace in ſuch their General Quarter-Seſſions of the Peace, ſhall on the Oath of one or more credible Witneſs or Witneſſes, or the Confeſ⯑ſion of the Defendant, re-hear, re-adjudge, and re-determine the Matter of the ſaid Information or Complaint, and ſhall make ſuch Order or Orders therein as they or the major Part of them ſhall think agreeable to the Intention of this Act, which Order or Orders ſo made ſhall be final, without any further or other Appeal whatſoever. And the ſaid Juſtices, or the major Part of them, at ſuch Ge⯑neral Quarter-Seſſions of the Peace ſhall hereby have Power to give Coſts in all ſuch Appeals as they ſhall Judge to be vexatious, and ſhall levy all ſuch Sum and Sums of Money as they ſhall ſo adjudge and order; and alſo all ſuch Coſts as they ſhall give on ſuch vexatious Appeals, by Di⯑ſtreſs and Sale of the Goods and Chattels of all ſuch Perſons as ſhall neglect or refuſe to pay the ſame. And for Want of ſufficient Diſtreſs they ſhall com⯑mit every ſuch Perſon to the common Gaol or Houſe of Correction, there to remain for ſuch Time as they ſhall think fit, unleſs ſuch Sum and Sums of Money by them adjudged and ordered to be paid together with the Coſts of them given, ſhall be ſooner paid and ſatisfied. But if any Perſon or Perſons ſo heard adjudged, determined, or convicted on any ſuch Information or Complaint before two or more Juſtices of the Peace aſſembled at any ſuch ſpecial Seſſions to be holden for the Amendment of the High⯑ways as aforeſaid, ſhall neglect or refuſe before [125] the ſaid Juſtices to deliver Notice in Writing of their Intention to appeal againſt ſuch Order or Orders by them made, to the Juſtices of the Peace at the next General Quarter-Seſſions of the Peace to be holden for that County, City, Liberty or Place wherein ſuch Order or Orders ſhall be made as aforeſaid, then the ſaid Order and Orders made by the ſaid Juſtices of the Peace or any two of them met at any ſuch ſpecial Seſſions as aforeſaid, ſhall be final without any other Appeal whatſo⯑ever, and the ſaid Juſtices, or any two of them, ei⯑ther in or after any ſuch ſpecial Seſſions as afore⯑ſaid, ſhall or may further proceed to put the ſame in Execution, and by Warrant under their Hands and Seals, may authorize and direct the Surveyors of the Highways, Conſtables, Headboroughs, Ti⯑thing-men, or other Peace Officers of the Pariſh or Place where the matter of ſuch Information or Complaint ſhall ariſe, or where the Perſon ſo ad⯑judged or convicted by them as aforeſaid, doth inhabit, to ſeize and diſtrain the Goods and Chat⯑tels of ſuch Perſon or Perſons ſo heard, adjudged, or convicted as aforeſaid, and if the Sum or Sums of Money, ordered to be by him or her paid, together with the Charges of taking and keeping the ſaid Diſtreſs, be not tendered or paid within five Days, ſuch Pariſh Surveyors of the High⯑ways, Conſtables, Headboroughs, Tithing-men, or other Peace-Officers, ſhall and may make public Sale thereof, or of ſo much thereof as will ſatisfy ſuch Sum and Sums of Money as the ſaid Juſtices of the [126] Peace had by their ſaid Warrant directed to be levied, together with ſuch reaſonable Charges for making, keeping, and ſelling the ſaid Diſtreſs as the ſaid Juſtices or any one of them ſhall allow, after which the Overplus (if any there be) ſhall be rendred to the Owner thereof, and for want of ſufficient Diſtreſs, it ſhall be lawful for any one of the ſaid Juſtices of the Peace, before whom any ſuch Perſon ſhall be ſo heard, adjudged, or con⯑victed as aforeſaid, to commit ſuch Perſon or Perſons to the common Gaol or Houſe of Correc⯑tion, there to remain, until the Sum or Sums of Money ſo ordered to be paid by the ſaid Juſtices of the Peace, or any two of them aſſembled at ſuch ſpecial Seſſion as aforeſaid, ſhall be fully paid and ſatisfied, unleſs ſooner diſcharged by the Order of the Juſtices in their General Quarter-Seſſions of the Peace.
All Matters of Diſpute to be determined in the County where they ariſe, and no Certiorari ſhall remove the proceedings of the Juſtices or the Quar⯑ter-Seſſions into any Court at Weſtminſter. Vide 22 Car. Cap. 12. Sect. 4. 3 Will. Cap. 12. Sect. 27.L. And be it further En⯑acted and Declared by the Authority aforeſaid, That all Matters of Diſpute and Difference whatſoever con⯑cerning any Highways, Bridges, Cauſways, Streets or Pavements, by Virtue of this Act to be repaired and amended, or concerning any Offence, or other Matter or Thing to be heard and determined by the Authority of this Act, ſhall be finally heard and determined in [127] the County, City, Liberty or Place wherein ſuch Matter of Diſpute or Difference ſhall ariſe, and in the Manner in and by this Act directed, and not elſewhere or otherwiſe. And no Or⯑der, Judgment, Conviction, or other Proceeding in Purſuance of this Act made or had by the Juſtices of the Peace, or any two or more of them aſſembled, at any ſpecial Seſſions to be holden for the Amendment of the Highways as aforeſaid, nor any Order, Judgment, Convic⯑tion or other Proceeding, in Purſuance of this Act made or had by the Juſtices of the Peace, or the major Part of them, in their General Quarter-Seſſions of the Peace, nor any other Proceeding of any Juſtice or Juſtices of the Peace out of Seſſions in Purſuance of this Act, ſhall be removed by Certiorari, or other Form or Proceſs of Law, into any Court at Weſtmin⯑ſter or elſewhere; any Thing herein or in any other Act or Acts of Parliament contained to the contrary notwithſtanding.
☞ Here, if it ſhould be thought adviſable, might be inſerted a Clauſe to amend the Stat. 30 Geo. 2. cap. 22. ſect. 9. by impowering a Juſtice to con⯑vict on his View the Driver of any Waggon, &c. for riding on the ſame, cauſing any Hurt by Miſbehaviour, obſtructing the Paſſage, or refuſing to give Way, contrary to that Statute. But it is to be noted, that as every Conviction of that kind muſt by the Rules of Law be grounded on a Sum⯑mons, the Offender in that Caſe is amenable to that [128] Juſtice only in whoſe View the Offence was com⯑mitted; what ſeeming Irregularity therefore there may be in iſſuing a Summons into a Diviſion re⯑mote from that where the Offender is to appear, muſt be obviated by expreſs Words. The Penalty on a Driver refuſing to diſcover his Name and Place of Abode muſt alſo be extended to the Caſe of a Juſtice requiring the ſame, on a View of the above Offences.
All Forfeitures and Pe⯑nalties, to be paid into the Hands of the Sur⯑veyors, who are to apply the ſame in the Amend⯑ments of the Highways. Surveyors to account to the Juſtices, for all Monies received and expended by them, and the Balance in their Hands to be paid to their Succeſſors. If any Surveyor ſhall refuſe to ac⯑count, the Juſtices may commit him, and levy the Amount of the Balance by Diſtreſs, and may examine Perſons as to Monies miſ⯑applied, or fraudulently concealed, and levy by Di⯑ſtreſs double the Sum ſo miſapplied or concealed, and Perſons refuſing to be ex⯑amined, ſhall ferfeit 10l. Vide 3 W. & Mar. Cap. 12. Sect. 11, 14.LI. And be it further Enacted by the Authority aforeſaid, That all Fines, Forfeitures and Penalties by this Act inflicted or im⯑poſed, and alſo all Rates, Aſſeſſments or other Pay⯑ments for the Amendment of any Highway, ſhall be paid into the Hands of the Pariſh-Surveyor or Survey⯑ors of the Highway of the Pariſh or Place where the ſaid Fines, Forfeitures, Pe⯑nalties, Rates, Aſſeſſments, or other Payments ſhall a⯑riſe, be incurred, or become payable, who ſhall apply the ſame in the Repair and Amendment of the High⯑ways, Bridges, Cauſways, Streets or Pavements in ſuch [129] Pariſh or Place, and the Surveyors of the High⯑ways ſhall make and ſet down in Writing a true and perfect Account of all ſuch Fines, Forfeitures, Penalties, Rates, Aſſeſſments and other Payments as they, or any of them, ſhall from Time to Time receive by Virtue of their Office, and alſo of all their Diſburſements; and ſhall deliver ſuch Account, ſigned by every ſuch Surveyor, to the Juſtices of the Peace, or two of them aſſembled, at ſome ſpecial Seſſion to be holden for the Amendment of the Highways; and no Surveyor ſhall be allowed any Article of Expence in his Accounts but ſuch as he ſhall have paid for Labour or Mate⯑rials employed or uſed in the Repair of the Highways of the Pariſh or Place for which he is Surveyor; and if any Surveyor of the High⯑ways ſhall refuſe to make and ſet down in Writing ſuch Account of his Receipts and Diſ⯑burſements during the Time he ſhall be Sur⯑veyor, or ſhall not deliver the ſame ſo ſigned as aforeſaid, to two or more ſuch Juſtices of the Peace aſſembled at ſuch ſpecial Seſſion as afore⯑ſaid, then the ſaid Juſtices, or any two of them, are hereby authorized and impowered to com⯑mit every ſuch Surveyor to the common Gaol, there to remain until he ſhall ſet down in Wri⯑ting and deliver ſuch Account as aforeſaid, and ſhall pay all ſuch Sum and Sums of Money to his Succeſſor as the ſaid Juſtices ſhall adjudge to be in his Hands; and if any Surveyor of the [130] Highways ſhall not within three Days after he ſhall be diſcharged from his Office pay, or cauſe to be paid, unto ſuch Perſon or Perſons as ſhall be appointed to ſucceed him in the ſaid Office, all ſuch Sum and Sums of Money as the ſaid Juſtices of the Peace, or any two of them, aſ⯑ſembled at ſuch ſpecial Seſſion as aforeſaid, ſhall adjudge to be in his Hands at the Time of his Diſcharge, and alſo all and every or any ſuch Fines, Forfeitures or Penalties, as ſhall have been inflicted or impoſed on him or them by the Authority of this Act, or which he or they ſhall have incurred under or by Virtue of the ſame; then the ſaid Juſtices, or any two of them, ſhall and may levy all and every ſuch Sums and Sum of Money, Fines, Forfeitures and Penalties, by Diſtreſs and Sale of the Goods and Chattels of every ſuch Surveyor or Surveyors of the Highways. And if any Fines, Forfei⯑tures, Penalties, Rates, Aſſeſſments or other Payments by this Act directed to be applied in the Repair and Amendment of any Highway, ſhall be fraudulently concealed, or wilfully miſ⯑applied by, or by the Order or Direction, or the Privity or Connivance of any Surveyor or Survey⯑ors of the Highways, upon Proof thereof by one or more credible Witneſs or Witneſſes upon Oath before the ſaid Juſtices, or any two of them, aſſembled at any ſuch ſpecial Seſſion as aforeſaid, every ſuch Surveyor and Surveyors ſo fraudu⯑lently concealing or wilfully miſapplying ſuch [131] Money, or ordering, directing or conniving at ſuch Concealment or Miſapplication thereof, ſhall forfeit for the ſaid Miſdemeanor double the Sum of Money ſo concealed or miſapplied as aforeſaid. And the ſaid Juſtices of the Peace, or any two of them, ſo aſſembled at any ſuch ſpe⯑cial Seſſion as aforeſaid, ſhall hereby have Power and Authority to ſummon and examine upon Oath all Perſons inhabiting within the Juriſdic⯑tion of their Commiſſion, whom they ſhall have reaſon to believe can give an Account of any Fines, Forfeitures, Penalties, Rates, Aſſeſſments or other Payments that have been or ſhall be ſo fraudulently concealed or miſapplied as aforeſaid; and if any Perſon or Perſons ſo ſummoned to be examined as aforeſaid, ſhall neglect or refuſe to appear before any of the ſaid Juſtices aſſembled at any ſuch ſpecial Seſſion as aforeſaid, the due Service of the ſaid Summons being proved upon Oath; or if any ſuch Perſon or Perſons ſo ſum⯑moned do appear, and ſhall refuſe to be examined upon Oath, then and in either of the ſaid Caſes the Perſon or Perſons ſo neglecting or refuſing to appear, being duly ſummoned, and the Perſon and Perſons ſo appearing and refuſing to be ex⯑amined upon Oath, ſhall forfeit the Sum of ten Pounds.
Surveyors of the High⯑ways, Pariſh Clerk, or other Inhabitant, to be a good Witneſs.LII. And be it further Enacted by the Authority a⯑foreſaid, That any Surveyor of the Highways, Pariſh [132] Clerk, or other credible Inhabitant of any Pariſh, ſhall in all Caſes in this Act be and be deemed a competent Witneſs, and the Oath of ſuch Surveyor, Pariſh Clerk, or other Inhabitant, ſhall and may be received as Evidence accordingly; any Law or Uſage to the contrary notwithſtanding.
Feoffees or Truſtees of Lands or Money, for the Maintenance of the High⯑ways, may demiſe the ſame for the moſt improved Value without Fine, and the Quarter-Seſſions may in⯑quire into the Value thereof, and in caſe the Feoffees or Truſtees ſhall have been negligent, may order the Imployment of the Rents and Profits, according to the Will of the Doner (except the caſe of Lands, &c. gi⯑ven to any college or Hall in either of the Univerſi⯑ties, having a Viſitor). Vide 22 Car. 2 Cap. 12. Sect. 2.LIII. And be it further En⯑acted, by the Authority a⯑foreſaid, That where any Lands have been or ſhall hereafter be given for the Maintenance of Highways, Bridges, Cauſways, Streets or Pavements, all ſuch Per⯑ſons as are or ſhall be en⯑feoffed or truſted with any ſuch Lands, ſhall and may demiſe or let the ſame to Farm at the moſt improved yearly Value, without Fine; and the Juſtices of the Peace, in their open General Quar⯑ter-Seſſions of the Peace, or the major Part of them, ſhall and may in⯑quire by ſuch Ways and Means as they think fitting, into the Value of all ſuch Lands ſo given or to be given, and order the Improvement thereof, or Employment of the Rents and Pro⯑fits thereof, according to the Will and Direc⯑tion of the Donor of ſuch Lands, if they find [133] that the Perſons intruſted with the Care thereof have been negligent or faulty in the Perform⯑ance of their Truſt, (except ſuch Lands have been given for the Uſes aforeſaid to any College or Hall in the Univerſities of Oxford or Cam⯑bridge, which has Viſitors of their own); any Law, Statute, Uſage or Cuſtom to the contrary notwithſtanding.
Preſentment of Juſtices on View. Vide 2 & 3 Phil. and Mar. Cap. 8. Sect. 3. 5 Eliz. Cap. 13. Sect. 9.LIV. Whereas it hath been found by Experience, that Preſentments of Pariſhes, Places, and Perſons, for not repairing their reſpective Highways on the Knowledge and View of a Juſtice of the Peace, have in many Caſes proved effectual, to compel ſuch Pariſhes, Places, or Perſons, to repair their Highways, in order to re⯑gulate ſuch Preſentments, and make them more effectual; Be it therefore enacted by the Autho⯑rity aforeſaid, that every Juſtice of the Peace, of any County, City, Liberty, or Place, ſhall have Authority upon his own Knowledge and View, in the General Quarter-Seſſions of the Peace to be holden for ſuch County, City, Li⯑berty, or Place, to make Preſentment under his Hand and Seal, of all and every, or any High⯑ways, Bridges, Cauſways, Streets, or Pavements of ſuch County, City, Liberty, or Place, not being in good and ſufficient Repair (provided that ſuch Juſtice of the Peace ſhall have given ſufficient [134] Notice in Writing, of his intention, ſo to do to any one or more of the Perſons chargeable with the Repairs of ſuch Highways, Bridges, Cauſways, Streets or Pavements, by him intended to be preſented to appear, and be heard at the ſaid General Quarter-Seſſions of the Peace, and that then, and in that Caſe, every Preſentment ſo made by any ſuch Juſtice of the Peace upon his own Knowledge and View, and allowed by the ſaid Court, ſhall be as good, and of the ſame Force, Strength, and Effect in the Law, as if the ſame had been found and preſented by the Grand Jury, and afterwards upon a Trial adjudged to be true by the Verdict of a petit Jury of twelve Men upon Oath, and that for every ſuch Default ſo pre⯑ſented and allowed, the Juſtices of the Peace in the ſame General Quarter-Seſſion of the Peace, ſhall hereby have Authority immediately to aſ⯑ſeſs on the Perſons chargeable with ſuch Re⯑pairs, ſuch a Fine, as to them or the major Part of them ſhall be thought ſufficient to re⯑pair and amend ſuch Highways, Bridges, Cauſ⯑ways, Streets or Pavements, and alſo to order and direct the Repair and Amendment thereof, with ſuch Materials, and in ſuch Manner, and within ſuch Time, as the ſaid Court ſhall think proper, provided always, that the Fine or Fines ſo to be aſſeſſed by the ſaid Juſtices, ſhall not (over and above the Statute-Work, to be done and performed as in this Act is before directed) in any one Pariſh or Place, and in any one year, [135] exceed the Rate of Six-pence in the Pound, of the yearly Value of the Houſes, Lands, Tene⯑ments or Hereditaments, chargeable to the Re⯑pairs of the ſaid Highways, Bridges, Cauſways, Streets or Pavements, ſo preſented and allowed as aforeſaid, and the Clerk of the Peace of the ſaid County, City, Liberty or Place, ſhall make out Eſtreats indented, of all ſuch Fines ſo aſſeſ⯑ſed, and ſhall deliver one Part thereof to the Bailiff, High Conſtable, or other Peace-Officer of the Hundred, Liberty, or Place, wherein ſuch Highways, Bridges, Cauſways, Streets, or Pavements lie, who ſhall Demand ſuch Fine or Fines, of ſome one or more of the Occupiers of the Houſes, Lands, Tenements, or Heredita⯑ments, in ſuch Pariſh, or Place, and chargeable to the Repairs of ſuch Highways, Bridges, Cauſ⯑ways, Streets, or Pavements, ſo preſented and allowed as aforeſaid, and on their Neglect, or Refuſal, to pay the ſame within ten Days after ſuch Demand, the ſaid Bailiff, High Conſtable, or other Peace-Officer, ſhall levy the ſame by Diſtreſs and Sale of the Goods and Chattels of any ſuch Perſon or Perſons, ſo neglecting or re⯑fuſing to pay the ſame, rendering the Overplus, if any there be to the Owner and Owners, there⯑of, after the Charges of taking, keeping, and felling the ſaid Diſtreſs or Diſtreſſes, are thereout firſt deducted and allowed by any one Juſtice of the Peace, and no Traverſe, or other Plea ſhall be allowed on any ſuch Preſentment, [136] but to prove to the ſame general Quarter-Seſſions of the Peace, that ſuch Pariſh, Place, or Per⯑ſon, ought not to repair ſuch Highways, Bridges, Cauſways, Streets, or Pavements ſo pre⯑ſented, or otherwiſe to prove by two credible Witneſſes upon Oath, to the Satisfaction of the ſame Court, that the ſaid Highways, Bridges, Cauſways, Streets or Pavements, ſo preſented, have been repaired ſince the Day on which they were viewed by the Juſtice who preſented them, and are then in good and ſufficient Re⯑pair.
Upon Preſentment of any Highway, by a Juſ⯑tice, if the Want of Re⯑pairs ſhall be owing to Neglect of the Surveyors, the Juſtices may fine them.LV. And be it further enacted, by the Authority aforeſaid, That in all Caſes where any Pariſh, or Place, having a Surveyor or Sur⯑veyors of the Highways ap⯑pointed for ſuch Pariſh, or Place, ſhall be preſented on the Knowledge and View of any Juſtice of the Peace, or the Inhabitants thereof ſhall be fined by any Judge of Aſſize, for not repairing their Highways, Bridges, Cauſways, Streets, or Pavements, the Juſtices of the Peace, or any two of them, aſſembled at any ſpecial Seſ⯑ſion, to be holden, for the Amendment of the High⯑ways of the Diviſion, City, Liberty, or Place, wherein the ſaid Pariſh, or Place, ſo preſented or fined, doth lie, ſhall on the Complaint of any one Perſon, chargeable to the Payment of the ſaid Fine [137] examine upon Oath, into the Cauſe and Reaſon, why ſuch Highways, Bridges, Cauſways, Streets, or Pavements ſo preſented, or fined, were not in good and ſufficient Repair, and if they ſhall find that the ſame was owing to the Neglect of ſuch Surveyor, or Surveyors of the Highways, that then, and in that Caſe, ſuch Surveyor or Surveyors of the Highways, guilty of ſuch Neglect, ſhall forfeit any Sum not exceeding Five Pounds, nor leſs than Twenty Shillings, as the ſaid Juſtices ſhall think fit.
Juſtices of the Peace in Cities, Corporations, Boroughs, and other Places are impowered to put in Execution any Part of this Act, and Juſtices of Peace for Cities, Boroughs, and Market Towns, may ap⯑point Scavengers, and make an Aſſeſſment of 6d. in the Pound, for cleanſing and repairing the Streets and Pavements. Vide 1 Geo. Cap. 52. Sect. 9. 9 Geo. 2. Cap. 18. Sect. 3.LVI. And be it further enacted, by the Authority aforeſaid, that the Juſtices of the Peace, of all Cities, Corporations, Boroughs, and other Places, having Juſtices of the Peace, of their own, ſhall have Power, and they are hereby authorized to put in Execution, any Part of this Act, relating to any Highways, Bridges, Cauſ⯑ways, Streets, or Pavements, within their reſpective Juriſ⯑dictions, and where the Juſtices of the Peace, of any City, Borough, or Market-town, (not having already any particular Proviſion made for them therein by Law) or the major Part of them at their General or Quarter-Seſſions of the Peace, [138] ſhall judge it neceſſary to appoint a Scavenger, or Scavengers for cleaning the Streets, the ſaid Juſtices ſhall and may from Time to Time nomi⯑nate and appoint ſuch Perſon or Perſons, as they ſhall think fitting for that Purpoſe, and alſo may order the Repairing ſuch Streets therein, as they ſhall judge neceſſary; and for defraying the Charges thereof, an Aſſeſſment or Aſſeſſments, not exceeding Six-pence in the pound in any one year, ſhall and may from Time to Time, be equally made upon all and every of the Occupiers of Houſes, Lands, Tenements, and Hereditaments, in ſuch Cities, Boroughs, or Market Towns, and ſuch Aſſeſſment or Aſſeſſments ſhall and may from Time to Time be made by ſuch Perſon or Perſons, and levied and collected in ſuch Manner as the ſaid Juſtices by their Order, at ſuch Seſſions, ſhall direct and appoint in that behalf, and the Money thereby raiſed, ſhall be imployed and accounted for, according to the Orders and Directions of the ſaid Juſtices, for and towards the repairing and cleanſing the ſaid Streets from Time to Time, and the ſaid Aſſeſſments being allowed under the Hands and Seals of the ſaid Juſtices, ſhall and may be levied by Warrant under their Hands and Seals, by Diſtreſs and Sale of the Goods and Chattels of all ſuch Perſon or Perſons, as ſhall not pay the ſame within eight Days after the ſame ſhall be duly demanded of them, rendering the Overplus, if any there be, to the Owner thereof, after the Charges of taking, keeping, and ſelling ſuch Diſ⯑treſs, [139] ſhall be thereout firſt deducted and allowed, by any one ſuch Juſtice of the Peace.
Fees to be taken by the Clerks and Servants of Juſtices for Buſineſs in the Execution of this Act done out of the Quarter-Seſſions.LVII. And be it further Enacted, by the Authority aforeſaid, That no Clerk or Servant to any Juſtice of the Peace or other Perſon ſhall demand, take or receive of or from any Perſon or Per⯑ſons for any Surveyor's Warrant, Information or Complaint, Summons, Order, Determination, Bond, Warrant of Diſtreſs or Commitment in the Execution of this Act, by or before any one or more Juſtice or Juſtices of the Peace out of the General Quarter-Seſſions, any other Fee, Gratuity or Reward than is hereafter allowed, (that is to ſay) For every Information or Complaint taken in Writing againſt one or more Perſons, one Shilling; For every Summons in Writing, one Shilling; For every Order or Judgment in Writing, made on hearing any Information or Complaint at any ſpe⯑cial Seſſion, one Shilling; For every Warrant of Diſtreſs, one Shilling; For every Rate or Aſſeſſ⯑ment made on any Pariſh or Place allowed and confirmed by two or more Juſtices, two Shillings; For every Warrant appointing one or more Per⯑ſons Surveyor or Surveyors of the Highways of any Pariſh or Place, two Shillings; For the Bond of a Perſon appealing from any Order or Determination of the Juſtices met at any ſpecial [140] Seſſion to the General Quarter-Seſſions of the Peace, one Shilling and Sixpence, over and above the Stamp-Duty; For every Commitment to the Gaol or Houſe of Correction of any Perſon for want of ſufficient Diſtreſs, one Shilling. For every Copy of any Information or Complaint in Writing, Sum⯑mons, Order or Judgment, Warrant of Diſtreſs, Rate or Aſſeſſment, Commitment or Warrant ap⯑pointing Surveyors, one Shilling each, if the ſame are demanded; but if no ſuch Copy is required, then no Fee ſhall be taken; and if any Clerk or Servant to any Juſtice of the Peace, or any other Perſon, ſhall take and receive any greater Fee, Gratuity or Reward for any Buſineſs to be done in the Execution of this Act, by or before any one or more Juſtice or Juſtices of the Peace out of the General Quarter-Seſſions, ſuch Clerk, Servant or other Perſon, ſhall forfeit the Sum of ten Pounds, to be levied by Warrant under the Hands and Seals of any two or more Juſtices of the Peace, aſſembled at any ſpecial Seſſion to be holden for the Amendment of the Highways, by Diſtreſs and Sale of the Goods and Chattels of ſuch Clerk, Servant or other Perſon offending as aforeſaid, rendring the Overplus, if any there be, to the Owner there⯑of, after the Charges of taking, keeping and ſell⯑ing the ſaid Diſtreſs, ſhall be thereout firſt de⯑ducted and allowed by any one Juſtice of the Peace. And all the ſaid Fees, Gratuities and Rewards ſhall be paid by the Offender, or by the Perſons, Pariſhes or Places for whoſe Benefit the [141] ſame were made or done, as the ſaid Juſtices, or any two of them, aſſembled at any ſuch ſpecial Seſſion as aforeſaid ſhall order and direct.
Proſecutions for Neg⯑lects, Nuſances or other Offences to be commenced within ſix Months; and no Perſon puniſhed under this Act ſhall be puniſhed for the ſame Offence by Virtue of any other Law whatſoever.LVIII. And be it further Enacted by the Authority a⯑foreſaid, That no Perſon or Perſons ſhall be puniſhed for any Neglect, Nuſance, Miſdemeanor, or other Of⯑fence againſt this Act, un⯑leſs ſuch Perſon or Perſons be proſecuted for the ſame within ſix Months after ſuch Offences ſhall be committed; and no Perſon who ſhall be pu⯑niſhed for any ſuch Neglect, Nuſance, Miſde⯑meanor, or other Offence by Virtue of this Act, ſhall be puniſhed for the ſame by Virtue of any other Act or Law whatſoever.
General Iſſue.LIX. And be it further Enacted by the Authority aforeſaid, That if any Action or Suit ſhall here⯑after be commenced or proſecuted in any Court at Law in Weſtminſter, or elſewhere, againſt any Perſon or Perſons for putting in Execution any Part of this Act, every Perſon or Perſons ſo ſued may plead the General Iſſue, and give this Act and the ſpecial Matter in Evidence; and if the Plaintiff ſhall become nonſuit, or for fear of further Proſecution ſhall ſuffer Diſcontinu⯑ance, [142] or if a Verdict paſs againſt him or her, the ſaid Defendant or Defendants ſhall recover double Coſts for which he, ſhe or they ſhall have the like Remedy as in Caſes where Coſts by Law are given to Defendants.
Nothing in this Act ſhall make void any De⯑termination heretofore made as to the Burthen of Re⯑pairing particular High⯑ways.LX. And be it further Enacted by the Authority aforeſaid, That nothing in this Act contained ſhall alter or make void any Decree or other Determination in any Court of Juſtice heretofore made as to the Bur⯑then of Repairing any particular Highway, but the ſame Decree or other Determination ſhall be and remain valid, as if this Act had never been made.
It may be found neceſſary to engraft into the above Bill the following Clauſes contained in former Acts, but it muſt be previouſly known whether or no any other Proviſions have been made ſince thoſe Acts for the Purpoſes of ſuch Clauſes.
- Sect. 10 & 11 of 18 Eliz. cap. 10. relating to the King's Ferry in the Iſle of Sheppey.
- Sect. 5. of 22 Car. II. Cap. 12. relating to the City of London.
- Sect. 16. of 3 W. III. cap. 12. about Carts in London.
- [143] Sect. 22. of 3 W. cap. 12. for the Paving of Kenſington.
- Sect. 24. of the ſame Statute relating to the Rates of Carriage.
- Sect. 15. of 1 Geo. 1. Statute 2. cap. 52. re⯑lating to the City of London.
When this is done, it is preſumed that no Inconvenience can follow from the Repeal of
- 13 Edw. I. ſtat. 2. cap. 5.
- 2 & 3 Phil. & Mar. cap. 8.
- 5 Eliz. cap. 13.
- 18 Eliz. cap. 10.
- 29 Eliz. cap. 5. ſo far only as it makes the Statute of Phil. & Mar. perpetual.
- 22 Car. II. cap. 12.
- 3 Will. & Mar. cap. 12.
- 7 & 8 Will. III. cap. 29.
- 8 & 9 Will. III cap. 16.
- 1 Geo. ſtat. 2. cap. 52.
- 7 Geo. II. cap. 9.
- 9 Geo. II. cap. 18. ſect. 3.
- 26 Geo. II. cap. 28.
- Citation Suggestion for this Object
- TextGrid Repository (2020). TEI. 4840 Observations on the state of the highways and on the laws for amending and keeping them in repair with a draught of a bill for comprehending and reducing into one act of parliament the most essentia. University of Oxford Text Archive. . https://hdl.handle.net/21.T11991/0000-001A-5AE9-9