| Chap. 50.
5 Eliz. 13.
P. Just. 69.
Crom. 31. |
High-ways.
Every Justice of Peace (upon his own knowledge) may
present in
open General Sessions any High-way not sufficiently repaired and amended,
within the County and limits of his Commission. |
99
§. 6.
Presentment. |
5 Eliz. 13.
Crom. 131. |
Every Justice of Peace (upon his own knowledge)
may present in
open General Sessions, any other Default or Offence committed (within
the County and limits of his Commission) contrary to the Statutes of
2 & 3 P. & M. 8. & 5 Eliz. cap. 13. concerning
the Amendment of High-ways;
and every such Presentment shall be of the Force of a Presentment
of Twelve men, (scil. shall be a good Indictment against the
Offenders.)
So that upon such Presentment the Justices at the said Sessions may Assess
the Fine upon such Offenders, and that in the absence of the party, and
without calling them to it by any process (saving to every Offender their
lawful Traverse.) Ibidem. |
|
2 & 3 P.
& M. c. 8.
5 Eliz. 13.
29 Eliz. 5.
|
So that every Justice of Peace may present, as aforesaid,
all every
these Defaults following, being all contrary to the said Statutes, &c. |
|
| P. 1. |
1. IF the Constables and Churchwardens of
every Parish yearly upon
the Tuesday or Wednesday in Easter Week, do not call together
the Parishioners, and do not then also chuse Surveyors, for the amending
of High-ways in their Parish leading to Market Towns, according to the
Statute, 2 & 3 P. & M. 8. |
§. 7.
Surveyors. |
|
The Statute of 14 Car. 2. c. 6. saith,
That the Churchwardens and
Constables, or Tithingmen of every Parish, Town, Village, or Hamlet, for
the time being, shall, &c. Which words are more suitable to the
nature of
the service, in respect of the persons, by whom Execution shall be.
But
this Statute, as to this, seems to be repealed by the Statute of 22
Car. 2.
For thereby it is said, tat the Surveyors, &c. shall be chosen,
and nominated
by such persons, as by an Act made in the Second and Third years of
King Philip and Queen Mary, is appointed upon some day in
the same week,
that the Feast of the Birth of out Lord, commonly called Christmass,
shall
be. |
|
P. 2. P &
M. |
2. If six days be not by the Constables
and Churchwardens then also
appointed for that purpose, and to be before Midsummer following.
2 P &
M. & 5 Eliz. |
Time. |
|
This Clause seems to be repealed by the Statute
of 14 Car. 2. c. 6. &
22 Car. 2. for thereby the appointing the days of working, is enjoyned
to
the Surveyors; yet by the Statute of 22 Car. 2. the Execution of
all Statutes
made for the repair of the High-ways, is enjoyned to the Constable also;
but it seems that must be taken distributively, viz. that the Constables
must
do what they are required and authorized by former Statutes, and in like
manner the Surveyors. |
|
|
3. If notice of the said days be not given
the Sunday after Easter openly
in the Church, by the Constables and Churchwardens. |
|
P. 2. 4 Rast.
199. Lam.
459. 2 P.
& M. |
4. If every person having in his occupation
a Plough-land in Tillage
or Pasture in the same Parish, or keeping there a Plough, or a Draught,
do not send at every day and place appointed, &c. for every Draught
or
Plough-land, in Tillage or Pasture, one Cart furnished with necessary
Tools, and two able Men with the same; and that they do such works as
they shall be appointed (by the Surveyors) by the space of eight hours,
every of the said six days. |
§. 8.
Workers. |
|
But by the Statute 18 Eliz. 10. he that shall
occupy a Plough-land in
Tillage or Pasture, lying in several Parishes, shall be chargeable only
in the
Parish where he dwelleth; and he that occupieth several Plough-lands |
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K 2
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