Statutes of the Realm: Volume 5, 1628-80. Originally published by Great Britain Record Commission, s.l, 1819.
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Surveyors, &c. to cause Acts of Parliament for repairing the Highways to be executed.
Neglecting, &c, Penalty; how to be levied and employed.
For the better repairing and amending of the Highwayes, now generally spoyled by the extraordinary and unreasonable ladeing of Waggens and other Carriages and the neglect of repaireing and preserveing the same Bee it enacted by the Kings most Excellent Majestie by and with the Advice and Consent of the Lords Spirituall and Temporall and [of (fn. 1) ] the Commons in this present Parlyament assembled and by the Authoritie of the same That all Constables and Surveyours of the Highwayes from time to time dureing their continuance in such their Office or Offices shall cause the severall Acts of Parlyament heretofore made and yet in force for or touching the repaireing; amending or enlargeing of Highwayes not hereby in any part altered or repealed to be putt in Execution within the Limits of their respective Parishes and places, and the penaltyes thereby imposed to be leavyed and disposed of as by the said severall Acts is directed, And every Constable & Surveyour of the Highwayes refuseing or neglecting to putt the said Acts in Execution or wilfully suffering any Waggons or Carts to passe through his respective Limitts with any more Horses or other Carle or in other manner then by this Act is allowed shall upon complaint thereof made to any Justice of the Peace of the place or division, where such neglect shall be proved to be done by the Oath of any one credible Witnesse (which Oath such Justice is hereby impowered to administer) or upon view of the Justice himselfe be thereof convicted, and shall incurr such Fine as the same Justice shall thinke fitt to impose on such Officer not exceeding the summe of forty shillings for any one offence, The same Fine to be leavyed by the High Constable of such place or division, or any other Officer [by Warrant (fn. 1) ] under the Hand and Seale of such Justices of the Peace upon the Goods and Chattells of the persons soe offending (rendering the overplus to the Owner thereof, all necessary charge in leavying the same being first deducted) to be imployed for the amending of the Highwayes of the Parish or place where such neglect shall be found as the said Justice or Justices shall appoint for the doeing thereof
II. Lands given for Maintenance of Causeys, &c. to be farmed at the most improved yearly Value without Fine.
Justices in Sessions to inquire into the Value of Lands, &c. Exception.
And bee it further enacted That where any Lands have beene or shall be given for the maintenance of Causeys, Pavements, Highwayes and Bridges, all such persons that are or shall be enfeoffed or trusted with any such Lands shall lett them to farme at the most improved yearely value without Fine, And that the Justice of the Peace in their open Sessions shall and may enquire by such wayes and meanes as they thinke fitting into the value of all such Lands soe given or to be given, and order the improvement and imployment of the Rents and Proffitts thereof according to the Will and Direction of the Donor of such Lands if they finde that the persons [soe (fn. 2) ] intrusted have beene negligent or faulty in the performance of their Trust (except such Lands as have beene given to the Uses aforesaid to any Colledge or Hall in either of the Universityes of this Kingdome which have Visitors of their owne) Any Law, Statute, Usage or Custome to the contrary notwithstanding.
III. 14 (13 & 14) C. II. c. 6. § 8. repealed.
And it is hereby enacted That one Clause contained in the Act of this present Parlyament Entituled An Act for enlargeing of Highwayes concerning the breadth of the Tyre of all Waggon and Cart Wheeles, is and shall hereby stand repealed and be void.
IV. Resisting Officers employed in executing Act, rescuing Goods, &c.
Penalty 40s or Imprisonment; Actions brought under this Act to be laid in the proper County; General Issue, Treble Costs, Times for repairing the Highways.
And it is further enacted That in case any person or persons shall resist or make forceable opposition against any person or persons imployed in the due Execution of this Act or any the Acts before mentioned, or shall make any Rescue of any Cattell or other Goods destrained by vertue of this or any of the said Acts That every such person being thereof convicted in manner aforesaid shall for every such Offences forfeite the summe of forty shillings, And in case he doe not pay the said summe within seaven dayes after notice of such Conviction, Then it shall and may be lawfull for any Justice of the Peace resideing neere the place where such Opposition or Rescue shall be made to committ such person or persons to the Common Goale of the County where such Offence shall be committed, there to remaine untill the said Forfeiture shall be paid to the Surveyour or Surveyours of the Highwayes for that Parish where the Offence was committed to be imployed for the amendment of the Highwayes of the same Parish; And if any Action or Suite shall be brought against any person or persons for or by reason of any matter or thing done by meanes of this Act, the same shall be laid in the proper County where the Fact was done and not elsewhere, and the Defendants may pleade the generall Issue and give the speciall matter in Evidence, And if it appeare at the Tryall that the Fact was done by Authoritie of this Act, and the Jury shall finde for the Defendant, he thereupon (as alsoe in case the Plaintiffe be Non suite or discontinue his Action) shall recover his treble Costs sustained by reason of such Action or Suite, Provided That in such places where the Highwayes cannot be sufficiently repaired before the Feast of the Nativity of Saint John Baptist yearely, the same may and shall be sufficiently repaired before the Feast of Saint Luke yearely without incurring any penalty for the not doeing thereof before the said Feast of the Nativity of Saint John Baptist according to the said former Act.
V. Defects to be presented in the County where the Places defective lie.
When Certiorari allowed.
And bee it further enacted by the Authoritie aforesaid That all defects of Repaires of Causeys, Pavements, Highwayes or Bridges shall be presented in the County onely where such Causeys, Pavements Highwayes or Bridges doe lye, and not elsewhere, and that noe such Presentment or Indictment shall be removed by Certiorari or otherwise out of the said County, till such Indictment or Presentment be traversed and Judgement thereupon given.
VI. Lands, Houses, &c. in the Suburbs of London, South wark, and Westminster, made liable to Assessments for the Scavengers, as by 14 (13 & 14) C. II. c. 6.
Quarter Sessions may determine Disputes as to Liability.
Provided alwayes and bee it enacted That the severall Occupiers and Inhabitants, or where there are noe Inhabitants or Occupiers the respective Owners of all and singular the Lands, Houses, Outhouses, Walls and Buildings fronting and adjoyning to any of the Highwayes Streetes or Lanes within the Suburbs of London and the Liberties thereof and the Burrough of Southwarke, and the City and Liberty of Westminster or Precincts thereof which are or shall be paved shall and are hereby lyeable to all Rates, Assessments, Penaltyes and Distresses which shall be had or made towards the Scavengers Rates for the places aforesaid, in such manner as by an Act of this present Parlyament made and enacted in the fowerteenth yeare of his Majestyes Raigne for repaireing of the Highwayes and Sewers is directed and appointed, [And (fn. 2) ] that where any Ground shall lye at the end of any of the said Streets or Lanes, or any other place of which there may be a dispute who ought to pave or amend the same that in such case the Justices of Peace for the said places respectively shall have hereby full power and authoritie in their Quarter Sessions to order and determine the same which Order shall be binding to all persons whatsoever therein concerned, Any Law or Statute to the contrary in any wise notwithstanding.
VII. Travelling Waggons, Wains, &c. carrying Goods, &c. shall be drawn but with Five Horses in Length; a greater Number to draw in Pairs.
And bee it further enacted by the authority aforesaid That from and after the Fower and twentyeth day of June next ensueing noe traveling Waggon, Wayne, Cart or Carriage wherein any Burdens Goods or Wares are or shall be carryed (other then such Carts and Carriages as are imployed in and about Husbandry and Manureing of Lands and in the carrying of Hay, Straw, Corne unthresht, Coale, Chalke, Timber for Shipping, Materialls for Building, Stones of all sortes, or such Ammunition or Artillery which shall be for his Majestyes Service) shall at any one time travell or be drawne, or goe in any common or publique Highway or Road with above Five Horse Beasts at length, and if any shall draw with a greater number of Horses or Oxen they shall all draw in paires that is to say two a breast for such number as they shall use except one Horse; Any Law, Statute or Usage to the contrary notwithstanding.
VIII. Owners of Waggons, &c. offending;
Penalty 40s.; How levied.
And bee it further enacted That every Owner of any Wagon, Cart, Carriage, Horse Beasts or Oxen offending contrary to this Act shall forfeite for every of the said Offences the summe of forty shillings, One third part thereof to the Surveyours of the Highwayes of the Towne, Village or Hamblet where any the said Offences shall be committed to be employed in the Repaires of the said Highwayes, One other third part to the Overseers of the Poore of the Parish, where any of the said Offences shall be committed to the use of the Poore of the said Parish, and the other third part to him that shall discover the same to be [imposed and (fn. 3) ] leavyed in such manner as the penaltyes in this Act imposed on every Constable or Surveyour of the Highwayes for refuseing or neglecting to putt in Execution the severall Acts of Parlyament yet in force for, or touching the repaireing, amending or enlargeing of such Highwayes are directed and appointed.
IX. In Places where Carta or Teams not used for mending the Highways, Inhabitants to send Horses and other Carriages.
And it is further enacted by the authoritie aforesaid That in such places where there is noe use of Carts and Teemes for the amendment of Highwayes, but the Usage and Practise is to carry Stones, Gravell, Earth, or other Materialls for such amendment upon the backes of Horses, or by any other kinds of Carriages, That in all such places the Inhabitants useing any such Horses or other Carriages shall send in such their Horses as are accustomed to that kinde of labour, and such their other Carriages with able persons to worke with the same in like manner, and under the like Directions, Forfeitures and Penaltyes as by any former Statute for repaireing of Highwayes, is appointed for Carts and Teemes.
X. Making Default in repairing Highways;
Surveyor to complain to Justices; Penalty.
Provided alsoe and it is further enacted by the authority aforesaid That if any person or persons shall faile or ( (fn. 4) ) make defaulte to doe their respective Dayes Labour in every yeare for and towards the repaireing of the Highwayes or negclect to send their respective Carriages Horses and Carts according as by Law they are respectively required, It shall and may be lawfull for the Surveyour or Surveyours of every Parish, and they are hereby required to make complaint thereof to the next Justices of the Peace, who are hereby authorized and required upon proofe of any such Defaulte or Neglect made before them by the Oath of one credible Witnesse (which Oath they are hereby impowered to administer) to leavy by Distresse and Sale of the Goods of every person faileing or neglecting as aforesaid (and not haveing a reasonable Excuse to be allowed by the said Justices) the severall Penaltyes hereafter mentioned (rendering the Overplus) reasonable Charges of destraining being first deducted) that is to say
For every Day labourer faileing or neglecting as is aforesaid One shilling and six pence,
And for every Man and Horse that shall make defaulte three shillings,
And for every Cart with two Men ten shillings for every respective day wherein they shall make defaulte,
Which respective Penaltyes soe leavyed shall be employed for and towards the repaireing of the Highwayes in every respective place and Parish.
XI. Assessment, when to be made by Quarter Sessions for repairing the Highways.
To be levied by Distress.
And bee it further enacted by the authoritie aforesaid That where the Justices of the Peace of any County, City or other place, or the major part of them at their generall Quarter Sessions [shall be fully satisfyed (fn. 3) ] that the common Highwayes, Causeys or Bridges within any Parish, Towneshipp or Hamblet within their respective Jurisdiction may not, or will not be sufficiently amended, repaired and supported by meanes of the Lawes now in force without the helpe of this present Act, in all such cases one or more Assesment or Assesments upon all and every the Inhabitants Owners and Occupyers of [Houses, Lands (fn. 5) ] Tenements and Hereditaments, or any personall Estate usually rateable to the poore within any such Parish, Township or Hamlet shall be made, leavyed, collected and allowed by such person and persons and in such manner as the said Justices by their Order at such Sessions shall direct and appoint in that behalfe, And the Money thereby raised shall be employed and accounted for according to the order and directions of the said Justices for and towards the amending, repaireing and supporting such Highwayes Causeys and Bridges from time to time as neede shall require. And the said [Assessment or (fn. 3) ] Assessments shall be leavyed by Distresse and Sale of the Goods of every person soe assessed (not paying the same within ten dayes after demand) rendering the Overplus of the value of the Goods soe destrained to the Owner or Owners thereof (the necessary charges of makeing and selling such Distresse being first deducted.
XII. Assessment not to exceed Sixpence in the Pound of yearly Value of Lands, nor Sixpence for £ 20 of Personal Estate.
Provided neverthelesse and bee it enacted That noe such Assesment or Assesments to be made in any one yeare shall exceede the rate of six pence in the pound of the yearely value of any Lands Houses Tenements and Hereditaments soe assessed, nor the rate of six pence for twenty pounds in personall Estate, and that noe such Assesment be made or leavyed from and after the five and twentyeth day of March in the yeare One thousand six hundred seaventy and three.
XIII. Surveyors of Highways when to be chosen as by
2 & 3 P. & M. c.8; their Duty in appointing Days for Work, &c.; to make a Return of Defaulters to Justice, who is to present the same to Quarter Sessions; Offenders to incur Penalty.
And bee it further enacted by the authority aforesaid That from and after the nine and twentyeth day. of September next in every Parish within this Kingdome of England Dominion of Wales and Towne of Berwicke. upon Tweede the Surveyours and Orderers of the worke for amendment of the Highwayes within their respective Parishes shall be yearely chosen and nominated by such persons as by an Act made in the second and third Yeares of King Phillip and Queene Mary is appointed upon some day in the same weeke that the Feast of the Birth of our Lord commonly called Christmas day shall be: Which persons soe nominated and chosen shall take upon them the said Office and shall appoint six dayes for the provideing Stones, Gravell and other Materialls for the amendment of and for workeing in the Highwayes haveing respect to the Season of the Yeare and the Weather, and giveing Notice publiquely some convenient time before the severall dayes; at which dayes all persons lyable to the said Worke shall attend and worke accordingly: And the said Surveyours and Orderers shall make Returne of the Defaulters and every of them within one moneth after every defaulte made, to some neighbouring Justice of the Peace of the same County; and the said Justice shall present the same at the Quarter Sessions of the Peace held next after such Returne made unto him; And the Offenders against this Act in all cases not perticularly directed in this Act, shall respectively incurr the same Forfeitures, Paines and Penaltyes inflicted and appointed by the Lawes and Statutes of this Kingdome now in force for the amending of the Highwayes as fully as if they had beene perticularly mentioned and imposed in and by this Act.
XIV. Recital that there are many Rivers in Cheshire and Lancashire that are dangerous for want of Bridges.
Bridges to be built in Cheshire and Lancashire within Ten Years, and Bridges demolished in the late War to be repaired; Charges for the same to be levied as by 22 H. VIII. c. 5.
And whereas in the Countyes of Chester and Lancaster there are many and sundry great and deepe Rivers which runn crosse and through the common and publique Highwayes and Roads within the said Countyes which many times cannot be passed over without hazard and losse of the Lives and Goods of the Inhabitants and Travellers within the said Countyes for want of convenient, good and sufficient Bridges in the said Highwayes and Roads, to build and erect which there is noe Law [now (fn. 6) ] in force Therefore bee it further enacted by the authoritie aforesaid That for ten yeares next following and noe longer the respective Justices of Peace within the said respective Countyes shall upon the presentment of the Grand Jury at their respective generall Quarter Sessions have power and authority by Order or Warrant under the Hands and Seales of all, or the major part of the said Justices being six at least then present to cause to be erected and builded any new Bridge or Bridges in such place or places in any of the said Highwayes over any of the said Rivers within their respective Jurisdictions as they shall judge fitt and necessary and soe declare by such Order as aforesaid, and likewise to repaire or rebuild such other Bridges as were demolished in the late Warr, And by their said Order to charge either their whole respective Countyes, or any Hundred or Hundreds within their said respective Countyes with the erecting and building any such Bridge or Bridges, and from time to time (as neede shall require) with the repaireing & amending of all or any the said Bridges, which shall be assessed, leavyed and gathered in such sort, manner and forme as the Moneyes for repaireing of Bridges now in being are used to be assessed leavyed and gathered by vertue of the late Statute in the two and twentyeth yeare of the Raigne of the late King Henry the Eighth in that case made and provided.
XV. Six Justices of Monmouth in Sessions may levy for Usk and Basalegg Bridges.
Provided alwayes and bee it enacted by the Authoritie aforesaid That it shall and may be lawfull for any six or more Justices of Peace of the County of Monmouth whereof two to be of the Quorum at [the (fn. 7) ] generall Sessions of the Peace to be held for that County at any time hereafter dureing ten yeares and noe longer to impose and leavy any summe or summes of Money upon the said County for the repaireing and amending of Uske and Basalegg Bridges which are scituate upon great Rivers, and lye on very publique Roads of that County, soe as the summe soe imposed as aforesaid exceede not in the whole in any one yeare the summe of forty pounds, Which Imposition soe laid shall be leavyed and accounted for by the same way and manner as the other Rates raised for Bridges formerly setled by Act of Parlyament for that County are made and provided.