| Chap. 50.
3 H. 7. 5.
Br. Nusance
28. |
High-ways.
Note also, that he who hath Land adjoyning next to
the Kings High-way,
by the Common Law (before these Statutes) was and is chargeable,
and bound of common right, to cleanse and scour the Ditches adjoyning
to the said Way, scil. Between this Land and the High-way,
without any
Prescription so to do; but if anothers Land lie next the High-way, then
he
that lies not next is not bound, but by Prescription. |
101 |
Syles, p.
354. per
Rolls.
Rolls 1 p.
of Abridgment
390. |
At Lent Assizes at Cambridge, Anno 1622.
Sir Ja. Ley delivered it in his
Charge, that if any person hath made, or shall make, any inclosure next
the Kings High-way, that such person shall be charged to amend the
High-way adjoyning to his said Inclosure; especially where he hath inclosed
on both sides the way, he shall be charged with mending the whole Way between
his Inclosures. And if one Man hath inclosed on the one side or part,
and
another Man on the other side, they shall be both charged to amend the
same
Way, and the Parish is to be discharged. |
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Otherwise High-ways must be sufficiently amended
at the charge of the
whole Town; and it is not enough for the Inhabitants to do their full
six days work yearly, except their Ways be all well and sufficiently repaired:
For if all their said Ways be not sufficiently amended, the whole
Town may be Indicted therefore. |
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Where a High-way lies out of a Parish or Hundred
in a County, the
County ought of right to repair it; and Process shall go against
the whole
County. |
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Because every Town regularly is to maintain and
amend the High-ways
within their own Parish, except it can be proved to have been usually amended
by any other person or Town, or by the Hundred, or County, &c.
Therefore if six
days work in the year will not serve to amend them, the Surveyors may,
yea
must, appoint more days, &c. |
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And in the Case of Mile-end-Green, it
was resolved M. 1649. that a
Hamlet is not bound of common right to repair the High-ways, unless it
be by
special Custom; but a Village or Town is, as I have it in a Ms.
and you may
see to the same purpose. Stiles Rep. p. 163. |
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Also concerning the Causey (near Cambridge)
called Doctor Harveys
Causey, towards the repair whereof Doctor Harvey hath given
Eight
Pounds per Annum, (payable by the Master and Fellows of Trinity-Hall
in
Cambridge.) Sir James Ley said, That if this Eight
pounds per Annum were
not sufficient to repair the said Causey that then the Towns adjoyning,
within which that Causey or Way doth lie, ought to help to repair the
same. |
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12 E. 4. 9.
9 E. 4. 9.
2 E. 4. 9.
3 E. 4. 9.
Fitz. N. B.
113. 2. |
It is called the Kings High-way, for that the King
at all times hath
therein passage for himself and his People, and may punish all Nusances
therein; though otherwise the Interest thereof be in the Lord, to
take all the Trees, and such other Profits there growing, and to
bring his Action for digging therein, or for any other like Trespass there
done. |
§. 11.
Highway. |
| P. 1. |
And the King (by the Common Law) may award his Commission
for
the amending of the High-ways and Bridges throughout his REalm, so as
his People may have safe passage thereby. |
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10. If any chosen to be Surveyor shall refuse
the Office, or will not
take upon him the execution thereof, 2 & 3 P & M. every
Justice of Peace
may present this, as aforesaid. |
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Every Surveyor, within Twenty days after notice
of his Election,
shall upon the penalty of Five pounds view the Common High-ways and
Bridges within his Division, and all Water-courses, Causeys, and Pavements,
which are to be amended at publick Charge, and to make a Tax for
the |
§. 12.
Surveyors,
their duty. |
K 3
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