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High-ways.
as aforesaid, in several Parishes, shall be charged in each Town or
Parish
where such Land lieth, scil. To find in each Town or Parish one
Cart
furnished, as aforesaid. |
Chap. 50. |
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In places where there is no use of Carts and
Teems, but the usage is
to carry Materials on Horses backs, or by other kind of Carriages, then
the Inhabitants using, such kind of Horses or Carriages, shall send in
the
same with able persons, to work under such Directions, Forfeitures, and
Penalties, as by former Statutes is appointed for Carts and Teems.
22 Car. 2. |
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5. If any if the Carriages shall not be thought
needful by the Surveyors
upon any the said days, if then every such person shall not send two
able Men for every Cart of theirs so spared. 2 & 3 P. &
M. |
P. 13, 14.
P. 3. |
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6. If every other Housholder, Cottager, or
Labourer, (able to labour,
and being no hired Servant by the year) do not by himself, or one sufficient
Labourer, work every of the said six days by the space of eight hours,
as
they shall be appointed by the Surveyors, 2 & 3 P. & M. |
P. 4. |
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A Cottage one describeth to be, Casa rustica
ex leviore materia excitata,
arundine aut ulva palustri tecta. Minsh. |
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And he is a Cottager that dwelleth in such Cottage
or House, without
Land belonging to it. 4 E. 1. Stat. 1. |
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7. Note, that all persons being chargeable
but as Cottages, yet if
they be in the Subsidy Five pounds in Goods, or Forty Shillings in Lands,
or above; they shall find two able Men to work every of the six days by
the Stat. 18 El. c. 10. But t seemeth the Justice cannot present
such Default
upon his own knowledge. |
P. 12.
18 El. 10. |
§. 9.
Hedges and
Ditches. |
8. If all Fences, Hedges and Ditches, next
adjoyning on other side any
High-way, be not from time to time Diked, Scoured, Repaired, and kept
low by the owners of the Ground. 5 El. & 18 El. c.
10. |
P. 7. |
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9. If all Trees and Bushes growing in the
High-ways be not cut down
by the owners. 5 El. 18. El. c. 10. |
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And now it seemeth, that if (according to these
last mentioned Statutes
of 5 El. & 13. & 18 El. cap. 9) all the Hedges and Fences
be kept low,
the Trees and Bushes cut down, and the Ditches scoured and repaired,
it sufficeth, though the Ways be not Two hundred foot wide on each side. |
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§. 10.
Whose the
Soil is. |
Note, that the Kings High-way (or Regia via)
leading either to the
Market, or from Town to Town, the Freehold and Soil thereof, and
the interest of all the Trees, and other such Profits thereupon growing,
do belong to the Lord of the Soil, or the Lord of the Mannor. 17
E. 3.
fol. 43. & 8 E. 4. fol. 9. Br. Chemin,
10, 11. & 27 H. 6. fol. 9. Br. Leet 3.
And therefore such Lords are chargeable to cut down the Trees and Bushes
growing in such High-ways; and yet by the opinion of Keeble, 8 H.
7.
fol. 5. the Freehold of the High-way, and the Trees thereupon growing,
and belonging to him (scil. to any Freeholder) that hath the Land
next
adjoyning, Br. Nusance 28. But it seemeth this must be understood
of
Common Field ways, or other private ways, and not of the Kings Highway.
See 2 Ed. 4. fol. 9. Britton, fol. 111. |
Rolls 1 p.
p. 392.
2 Leon.
148. |
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Yet generally he that hath the Soil, or both
sides the High-way, shall
have the Trees growing on the High-way; as was held 18 El. B. R.
Cited
P. 11 Jac Rolls, 1 part 392. Yet the Lord of a Rape that hath
several Hundreds
in it, may prescribe to have the Trees growing in any High-way,
within
that Rape, for the usage, to take the Trees as a Badge of Ownership; as
was
Adjudged 11 Jac. B. r. In the Case of Sir John Pelham. |
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