| Chap. 51. |
High-ways.
or otherwise out of the said County, till Traverse and Judgment given.
22 Car. 2. |
107 |
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A Bridge lying between two Counties, and not
known in which of those
two Counties part lies, nor who ought to repair the same, an Indictment
for
the same seems to be removeable by Certiorari, notwithstanding this
Statute:
so likewise if a person in respect of Lands in one County ought to repair
a
Bridge or Highway in another County, ne desiceret justitia. |
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Note, the Statute of 14 Car. 2. as to
all Clauses and powers therein
(except the making a Tax) is to continue until the end of first Session
of
the next Parliament and no longer; but the Statute of 22 Ca. 2. is
perpetual,
saving only as to the power of Taxing. |
§. 26.
Statutes. |
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The Justices of Peace have also power in their
Sessions by Indictment,
to punish by Fine all Nusances, Incroachments, and Purprestures in the
HIgh-ways
as namely. |
§. 27. |
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1. The building and erecting of Gates on
the High-ways, where none
have anciently been, and these as every private person may pull down and
break, in order thereto, if it cannot be done otherwise, as was resolved
in the case of Jones and Harward, P. 6. Ca. B. R. Jones.
Rep. p. 221 &
Cro. 1 part, p. 133. So the persons so doing may by Indictment
being found
guilty be fined, therefore, and enjoyned to remove the same. |
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2 E. 4. 9.
1 E. 4. 9. |
2. The incroaching on any part of the High-way
by building, or other
Inclosure, the King shall have then punishment of it, although the Soil
be
anothers. |
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3. Anothers annoying thereof, by laying
Carrion on the same. |
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4. The overflowing the same with Water
stopt in those Wares, or in any
mans private Grounds; whereby the publick Ways are overflowed. |
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5. Digging pits in the ways, or near them,
by which passage becomes dangerous. |
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| 27 H. 8. 26. |
6. The laying Loggs, or any things obstructive
of their use, for which
although none can have an Action, but he that hath particular and special
damage, that any one may indict and so procure to be reformed. |
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And for the Northern High-ways, as York,
Lincoln, &c see the Act 15 Car.
2. cap. 1. Stat. 3. and the Act of 16 & 17 Car. 2. Cap.
2. |
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An Act for the necessary repairs of certain High-ways
in the County of
Hartford, 16 & 17 Ca. 2. 10 & 15 Ca. 2. c. 1.
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19 El. 19.
P. 19.
12 Car. 2. |
CHAP. LI.
There be also certain particular Statutes concerning High-ways and
Streets,
as followeth.
THe Occupier of any Iron-works, for every Three Loads
of Coal or
Mine, and also for every Tun of Iron that he shall cause to be carried
in Winter time by the space of one mile in the High-ways within the
Wilds of Essex, Surrey, or Kent, shall pay to the Justices
of Peace dwelling
near to the places in that County where the High ways shall be most
annoyed, or to his Assigns, 3 s. in Money; the same in default of
payment
to be levied by Distress by such Justice, or his ASsignee, of the goods
of the party in the said County. |
§. 1.
One Justice.
Wild. |
| P. 20. |
Also such Occupier, for every 30 loads of Coal and
Mine, and for every
Ten Tuns of Iron carried in the said High-ways, &c. shall lay one load
of |
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