| Chap. 50.
Ibid. |
High-ways.
Every such Surveyor may likewise, cause Stones to
be gathered upon
any mans ground within the Parish, and the same to carry away for the
use aforesaid. |
103 |
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And if there be no sufficient materials in any
Parish for the Repair of the
High-ways, then the Surveyors, or such as they shall appoint, may be allowance
of Two Justices of Peace take Gravel, Chalk, Sand, Cinder or Stones
out of the Wasts or Commons of any Neighbouring Parish, &c. or on the
Seacoast:
So as they fill up the place within a Month, if required, 14 Ca. 2.
c. 6. |
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And where there are not sufficient Gravel, Chalk,
Stones, Cinders, or
Sand in the Wasts or Commons of any Parish, the Surveyors may enter
into any mans several grounds (not being House, Orchard, Garden, Courtyard,
Park with Deer in it, or Meadow) in the same Parish near the
High-ways to be Repaired; and take any quantity of such materials without
paying any thing, except where formerly composition hath been paid, rendring
such damage to the Owner as two Justices of the Peace near the place shall
Assess, and filling up the Pits, as by the Statute of 5 El. is directed,
Stat.
14 Ca. 2. c. 6. |
|
| P. 6. |
Every such Surveyor may cause any Water-course or
Spring of water
(being in the Highway within their Parish) to be turned into another mans
several Ditch (or Ground) next adjoyning to the said way, in such manner
as by the discretion of the said Surveyors shall be thought meet. |
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Where a Common-way is not of the breadth of Wight
yards from the
Shore and Brinks of the Ditches on either side, or from the Banks and
Hedges where there are no Ditches, the Surveyor by order from the
Quarter-Sessions, and upon the view, and by the allowance and consent
of Two or more Justices of the Peace, authorised thereunto by the Sessions
under their Hands and Seals, to lay out of any mans Land next adjoyning
to such way, where they shall think it needful and convenient it may be
done,
as shall enlarge it to the full breadth of Eight yards, or so much broader
towards the breadth of Eight yards than now it is, as conveniently the
place will bear from the Shores, Ditches, Banks or Hedges, and by consent
of
the Owners; or otherwise by order of the Justices of Peace at their Quarter-Sessions,
after a Writ of Ad quod damnum first issued and returned to
lay out a more new and commodious Way in and over the Lands next or near
adjoyning; the Surveyors giving satisfaction to the Owners, not exceeding
Twenty years purchase: which new Way shall be Repaired by such Parish,
&c. or by such persons as the old or former Way was to have been.
14 Car. 2. c. 6. |
§. 16. |
P. 11. 2 P.
& M. |
Also any two Justices of Peace, (the one being of
the Quorum) upon
complaint to them made the Churchwardens of any Parish may convene
before them the Bailiff and High-Constables, (to whom the Clerk of the
Peace or Steward of any Leet hath delivered any Estreats for the Collecting
of the FInes, Forfeitures, or Amercements for the Defaults aforesaid)
and may take their accounts; and may compel them to pay all such
Arrearages, as they shall adjudge, to the Constables and Churchwardens
of
the Parish where the Offence was committed; or may imprison them until
they have paid such Arrearages. |
§. 17.
Two Justices.
Accompts. |
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Every Bailiff and High Constable upon their said
Account shall have
allowed for every Pound he shall Collect and Pay 8 d. for his own
Pains,
and 12 d. for the Fee for the Estreat delivered him. |
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| P. 11. |
Also it seemeth any Two such Justices of Peace,
upon complaint to them
made by the succeeding Churchwardens or Constables, may convene before
them the precedent Constables and Churchwardens, and may take |
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