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Dalton's The Country Justice, 1690
Volume 153, Page 102   View pdf image (33K)
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102
High-ways.

doing of what will not be done by the former Laws, 14 Car. 2. cap. 6.  But
that Act as to the Power of Taxing was to continue for three years, from the
Twenty fifth day of
March 1662.  Yet after by the Statute of 22 Car. 2.
the Justices of Peace in their Quarter Sessions, being satisfied, the Statutes
then in force, and the Provision by them made, would not effect the said Repairs,
may make Assessments; but that Power is also expired, being to

continue until our Lady day 1673. and no longer.

Chap. 50.
    11.  So if the Surveyors shall not within one Month after any of the
former Offences committed, present every such Offence to the next Justice
of Peace.  5 Eliz.
 
P. 8.
    §. 31.
Estreats
and Levies.
    12.  Also if the Bailiff or High Constable (who hath received an Estreat
for the levying of any forfeiture upon these Statutes) shall not levy the
same, or shall not (between the first day of March and the last day of April
yearly) make a true account and payment of all sums as he hath levied to
the Constables and Churchwardens of every Parish, wherein the Offence
was committed; or if the Constables and Churchwardens have not imployed
the same upon their High ways; it seemeth every Justice of Peace
may upon their knowledge) present every of these Defaults, as
aforesaid.
P. 10. Rast.
199. c. 2.
P. & M.
    The Surveyors chosen in Christmas Week, according to the Statute
of
22 Car. 2. shall take the Office and appoint Six days for providing Materials,
and working in the High-ways, having respect to the season of the year
and the weather, and giving convenient publick notice; at which days, all
persons liable to work, shall attend, and the Surveyors shall make return of
Defaults within one Month after default, to some Neighbouring Justice, who
shall present the same the next Sessions, and the Offender shall incur the Penalties
by Statute now in force. 
22 Car. 2.
    If any person make default of his days Labours or Carriages, and Horses,
the Surveyors shall complain to the next Justice of Peace; who upon proof of
such default by one credible witness, is to levy of the parties offending Goods
(not having reasonable Excuse to be allowed by such Justice) their Penalties of
a day Labourer,
1 s. 6 d.  For every Man and Horse, 3 s.  For every Cart and
two Men,
10 s.  22 Car. 2.
    And if the Surveyors shall present any of the former Offences (by them
to be presented) to the next Justice of Peace, within one Month next after
the Offence committed; the same Justice ought to certifie such Presentment
at the next General Sessions, sub pœna-5 l.  But if the Surveyors do
not make their Presentment to the Justice till after the Month, and the
Justice certifieth it, this seemeth not good against the Offenders.
 
    §. 14.
The Surveyors
Authority.
    Every such Surveyor (for the better amendment of the ways within
the Parish) may by their discretion take and carry away the rubbish or
smallest Stones of any Quarry within their Parish, scil. such Rubbish as
they shall find there ready digged by the Owners of the said Quarry, or
otherwise by their License.
 
5 Eliz. 13.
P. 5.
    §. 15.
Materials.
    Every such Surveyor may also (for the use aforesaid dig for and take
or cause to be digged for and taken (in the several Grounds of any person
within the Parish, near adjoyning to the Way to be amended) any Gravel
or Sand; so as they dig in no Mans Garden, Orchard, or Meadow, and
but one only Pit, and not above ten yards over at the most, and the 
same within one Month to be filled up again with Earth at the charge or
the Parish.
Ibid.


 
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Dalton's The Country Justice, 1690
Volume 153, Page 102   View pdf image (33K)
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