| 106 |
High-ways.
Carteth or Plougeth for other men, whether he is not chargeable to find
a Cart for the amending of the High-ways. It seemeth he is:
but quære
whether he be chargeable to find Two able men with his Cart, * except
he hath in his occupation a Plough-land: perhaps also he keepeth
never
a man.
|
Chap. 50.
* P. 2. |
| §. 21. |
No Travelling Waggon, Wain, Cart or Carriage,
wherein any Burdens,
Goods or Wares shall be carried (other than such Carriages as are
employed in Husbandry, or manuring Land, or for carrying of Hay,
Straw, Corn unthresht, Coal, Chalk, Timber for Shipping, Materials for
building, Stones, or His Majesties Ammunition or Artillery) shall go with
above Five Horses at length; and if any shall draw with a greater
number
of Horses or Oxen, they shall draw in pairs, except one Horse: and
if
offending, and do otherwise, the owner shall forfeit for every Offence
40 s.
viz. One third part to the Surveyors for the High-ways, another
third part
to the Overseers for the Poor, the other third part to the discoverer,
to be
levied by any Officer by Warrant of any Justice of Peace by Distress and
Sale.
22 Car. 2. |
|
§. 22.
Officers
neglect. |
Any Constable or Surveyor not putting the Acts,
touching the repair of
High-ways, in Execution, or suffering Carts to pass through their limits,
otherwise than as aforesaid, shall upon complaint to any Justice of Peace
of
that place, or division, and proof of such neglect, by Oath of one credible
Witness, or upon view of such Justice incur such Fine, as such Justice
shall impose, not exceeding 40 s. to be levied as at last aforesaid.
22
Car. 2. |
|
| Resisting. |
If any person shall resist or oppose any person
employed in the due Execution
of the Acts, touching High-ways, or make rescue of any Goods
distrained, being convicted of in form aforesaid, shall forfeit Forty shillings,
which if he pay not within seven days after notice of of such Conviction,
any Justice of Peace residing near the place of such rescue or opposition,
may commit him to Gaol, till he pay the Forfeiture to the Surveyor.
22 Car. 2. |
|
§. 23.
Charities. |
Justices of Peace (amongst others) may hear and
determine matters concerning
charitable Gifts, for making or repairing High-ways, Pavements,
Streets and Causeys, and make orders for the employment thereof according
to the Will of the Donors (except Gifts to the aforesaid uses to any
Colledge, Hall, Free-School or Hospital, which have proper Visitors,) and
all Offences, Defaults and Defects in Surveyors, or others touching the
premisses. And if any be grieved with such orders, he may appeal
to the
Chancery, as in case of a Decree made upon the Statute of charitable uses.
14 Ca. 2. c. 6. |
|
| Gifts. |
Where Lands are given for maintenance of Causeys,
Pavements,
High-ways or Bridges; the Feoffees and Trustees shall let them to
Farm at the best improved value without Fine: And the Justices of
Peace in their Quarter-Sessions may enquire into the value thereof, and
if they find a neglect or fault in the Trustees, may order the improvement
and employment thereof (except where there be proper Visitors.)
22 Car. 2. |
|
§. 24.
Time. |
Where the High-ways cannot be repaired before
Midsummer-day, the
same may be repaired before S. Lukes day yearly, without incurring
any penalty.
22 Car. 2. |
|
§. 25.
Where presentable. |
All defects of repairs of High ways, Causeys,
Pavements, or Bridges,
shall be presented only in the County where they lie, and not elsewhere,
and that no such Presentment or Indictment shall be removed by Certiorari, |
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