Charles II, 1662: An Act for enlarging and repairing of Common High wayes;

Recital that former Laws are ineffectual.

Choice of Surveyors of Highways regulated.

Whereas the former Lawes and Statutes for the mending and repairing of the Common and Publick High wayes of this Realme have not beene found so effectuall as is desired by meanes whereof and the extraordinary burthens carried upon Waggons and other Carriages diverse of the said High wayes are become very dangerous and almost unpassable For remedy whereof bee it enacted by the Kings most Excellent Majestie by and with the advice and consent of the Lords Spirituall and Temporall and Commons in this present Parliament assembled and by the Authority of the same That the Church Wardens and Constables or Tything Men of every Parish Town Village or Hamlett for the time being within the Kingdome of England Dominion of Wales and Town of Berwick upon Tweed shall upon Monday or Tuesday in the Easter weeke yearely (whereof notice shall be publiquely given the Sunday foregoeing in the Church immediately after the end of Morning Prayer) with the advice and consent of the major part of the Inhabitants which shall be then present choose twoe or more sufficient and able persons residing and inhabiting within theire Parish Town Village or Hamlett to be Surveyors of theire High Wayes for the yeare next ensueing and give notice thereof in writing to the persons chosen and for default of such choice soe to be made as aforesaid the Church Wardens Constables or Tything Men and Inhabitants of every such Parish Town Village or Hamlet shall forfeit and loose the sum of Five pounds

II. Surveyors to view Highways, &c.; Penalty £5.

and to consider what Repairs wanting, and the Cost thereof; and, together with Householders, lay Assessment,; not exceeding 6d. in the Pound in one Year.; Assessments to be allowed and signed by Justice.; Persons not paying Assessment to pay Double.; Proviso.; Surveyors to see that Nuisances are reformed.; Surveyors to hire Labourers, &c. yearly.

And be it enacted by the Authority aforesaid That all and every Surveyor and Surveyors within Twenty Dayes next after notice given unto him or them of his and theire Election as aforesaid or of the Publication of this Act shall upon the penalty of five pounds view and survey all the Co[m]mon and Publique High Wayes and Bridges within the Parish Town Village or Hamlett wherein he or they are respective Surveyor or Surveyors and all Watercourses Causeys and Pavements therein which are to be repaired and amended at a Publique Charge of the said Parish Town Village or Hamlett and shall consider what Reparations shall be needfull to bee made and what Sum or Su[m]ms of money will be requisite to be raised for the amending repairing and enlargeing of the same over and above what will be done by the other Lawes made for the amending of the said High wayes and thereupon shall togeather with two or more substantiall Householders of the said Parish Town Village or Hamlet called by the Surveyors to theire assistance within ten dayes after such Survey made lay one or more Assessment or Assessments upon every Inhabitant rated to the poore and upon every Occupier of Lands Houses Tythes Impropriate or Appropriate Portions of Tythes Coal Mines and other Mines saleable Underwoods Stock Goods or other personal Estate not being Household stuffe within the said Parish Town Village or Hamlet for the repairing amending and enlargeing of the said Publick and Co[m]mon High wayes as they the said Surveyors and other the substantial Householders or the major part of them shall thinke fitt meet and necessary which said Assessment or Assessments shall not exceed in the whole above the su[m]m of Six pence in the pound in any one yeare according to the reall value of the same and twenty pounds in Money Goods Stock or other personall Estate shall be rated equally to twenty shillings a yeare in Lands And every such Assessment soe made shall within Six dayes after be presented to some Justice of the Peace neare adjoyning to the Parish where it is made to bee seene allowed and signed by him And after such allowance every person so assessed or taxed that shall not within twenty dayes after demand made by the Surveyors or one of them pay such sum or su[m]ms of money assessed on him or her or them unto the Surveyors or one of them shall forfeit and pay double so much as he [she (fn. 1) ] or they are assessed to pay unlesse (upon complaint made to the said Justice of wrong done to such person by that Assessment) the said Justice shall thinke fitt to alter the same And in case where Co[m]mon Nusances are in High wayes or where Ditches or Watercourses adjoyning unto High wayes are not scoured and dressed the said Surveyors shall see the same reformed and the Offenders punished according to Law deducting out of the moneys soe to be raised his reasonable charges for prosecution And for the more effectuall mending the High wayes and Parish Bridges and Streets the Surveyors afore menc[i]oned shall yearely att the most convenient and fitting time betweene the first of May and ( (fn. 2) ) last of August hire Labourers Workemen Carts and Carriages for amending the High wayes Streets Parish Bridges aforesaid and Water courses and shall cause them to be well and sufficiently mended

III. Surveyors to direct Persons chargeable with Wain or Cart to come to labour or send their Carts, &c.

and to pay for the same according to the Rate of the Country for Overwork.; Questions respecting the same to be settled by Justice.; Persons refusing, &c.; Penalty.

And for the better effecting thereof Be it enacted by the Authority aforesaid That the said Surveyors or any of them within theire several Limits and Jurisdictions may yearely as he shall see cause and need require direct and appoint every person and persons who by the former Lawes & Statutes of this Realme are chargeable with Wayn or Cart to the amending of the High wayes and every other person and persons chargeable to come to labour at the said Wayes to send his or her Cart or Wayn and Team so furnished as by the Lawes is directed or to come and worke for the amending of the High wayes for so many dayes as by the Lawes are appointed or for so many of them as the said Surveyors shall thinke needfull and appoint for which Teames worke and labour the said Surveyors shall pay unto such Workemen and Owner of such Teames Carts and Waynes according to the usuall rate of the Countrey for such worke as they shall doe over and above what by the other Lawes made for the amending the High wayes they are appointed to doe And if any question shall arise about the value or worth of such worke or labour for Man or Teames some Justice of the Peace neare adjoyning and not living in the said Parish shall determine what is fitt to be allowed for such worke And in case any person so charged to send his or her Team to worke as aforesaid shall refuse or neglect to do so such person soe refuseing or neglecting shall forfeit ten shillings for every day that he or shee shall make such default and every Labourer Eighteene pence for such day that he neglects to worke as aforesaid

IV. No Assessment both for Land and Stock.

Provided that no person or persons occupying any Lands shall be assessed and taxed both for the said Lands and the Stock which he or they shall use or imploy upon the same

V. Where Roads not of the Breadth of Eight Yards Surveyors to lay out Lands adjoining.

Writ of ad quod damnum first being issued; and Surveyors giving Satisfaction to Owners of the Land.; Such new Ways to be repaired, &c. as the former Ways.

And be it further enacted by the Authority aforesaid That it shall and may be lawfull to and for the said Surveyors of the High wayes for the time being of every such Parish Town Village or Hamlet within theire several Precincts from time to time by order from the Quarter Sessions and upon the view and by the allowance or consent of twoe or more Justices of the Peace of the County authorized thereunto by the Sessions wherein such Parish Town Village or Hamlet shall lie under theire Hands and Seales in writing where any co[m]mon or publique High way is not of the breadth of eight yards from the shoares and brincks of the Ditches on either side or from the bancks and hedges where there are no Ditches to assign and lay out so much of any mans several Lands next adjoyning to the said Co[m]mon and Publick High way where they shall thinke it needfull and it may conveniently be done as shall enlarge the said way to be the full breadth of eight yards or so much broader (toward the breadth of eight yards) then now it is as conveniently the place will beare from the said Shoares Ditches Banks or Hedges by the consent of the Owner or Owners of the said Lands according to his or theire respective Interests therein or otherwise by Order of the Justices of Peace at theire Quarter Sessions after a Writt of Ad quod damnum first issued out and returned to assign and lay out a new and more comodious way in and over the said Lands next or neare adjoyning to the said common and publick High wayes the said Surveyors first giveing [such (fn. 3) ] satisfaction for the said ground unto the respective Owners of the same according to theire severall and respective Interest in the whole not exceeding twenty yeares purchase Provided alwaies That if any Common or publick High way or wayes shall be so altered and changed as is aforesaid that then and in such case the same new Way or Wayes as alsoe any new Way or Wayes altered or to be altered by a Writ of Ad quod damnum shall from time to time be repaired and amended by such Parish or Parishes Town Hamlet or Village or by such Person and Persons and in such manner and forme as the said old and [former (fn. 3) ] common or publick High way or wayes was or were to be repaired and amended

VI. Where not sufficient Gravel, &c. to repair, Surveyor may dig for the same in neighbouring Commons, &c. without paying for the same;

And bee it further enacted by the Authority aforesaid That where there is not sufficient Gravell Chalk Sand Cinders or Stones within any Parish Town Village or Hamlet to repaire theire Common and publick High wayes it shall be lawfull for the Surveyor and Surveyors and such Person and Persons as he or they shall appoint upon the allowance and approbation of any two Justices of Peace within the said County to dig take and carry away Gravel Chalk Sand Cinders or Stones out of the Wast and Co[m]mon of any neighboring Parish Town Village or Hamlet or upon the Seacoast without paying any thing for the same for [the (fn. 3) ] repairing and amending of the High wayes aforesaid so as they fill up the place within One moneth next ensuing if required by the Owner of the soyle

VII. And where not sufficient in Commons, &c. Surveyors may enter and dig in Private Grounds;

except Orchards, &c.; without paying,; (Exception); rendering Damages to the Owner, to be assessed by Justices;; but to fill up Holes, &c. under Penalty of 5 Eliz. c. 13.

Provided alwayes and be it further enacted by [the (fn. 4) ] Authority aforesaid That where there is not sufficient Gravell Chalke Stones Cinders and Sand or other Materials for to repaire the High wayes within the Co[m]mon or waste Grounds of any Parish Township or Hamlett for to amend and repaire the High wayes therein it shall and may be lawfull for the said Surveyor or Surveyors or such as they shall appoint to enter into the severall ground (not being an House Orchard Garden Court yard Parke with Deere in it or Meadow) of any person or persons within the said Parish Township or Hamlet neare adjoyning to the High wayes to be repaired where any such Materials are or may be found and to dig take and carry away from time to time such [quanties (fn. 5) ] thereof as the said Surveyor or Surveyors shall judge necessary for the said reparations without paying any thing for the said Materials (except only where they have formerly been paid for by Custom or Composition and at such rates as heretofore were paid for the same) rendring only such damages to the Occupier or Owner thereof as he shall sustaine by the digging and carriage thereof to bee assessed by two Justices of Peace neare the said Parish in cases of difference about the same Provided that the pitts and holes soe digged be filled up in such manner and under such penalties as are prescribed in the Statute made in the Fifth yeare of Queene Elizabeth concerning the amending of High wayes

VIII. Regulations as to Number of Horses and Oxen drawing Waggons, &c.

Exception.; and as to Weight of Burthen; and as to Breadth of Wheels.; Penalty 40s.; To be levied by Distress.; Penalties not paid; Distress to be sold.

And be it further enacted by the [Authoroty (fn. 6) ] aforesaid That from and after the Nine and twentieth day of September which shall bee in the yeare of our Lord One thousand six hundred sixty and two no travelling Waggon Wayn Cart or Carriage wherein any Burthens Goods or Wares are or shall be carried or drawn for hire (other then such Carts and Carriages as are imployed in and about husbandry and manuring of Lands and in the carrying of Hay Straw Corne unthreshed Coal Chalk Timber for Shipping Materials for building Stones of all sorts or such Ammunition or Artillery as shall be for His Majesties Service) shall att any one time travel be drawn or go in any Common or Publique High way or Road with above seaven Horse-beasts whereof six shall drawe in paires and not with above eight Oxen or six Oxen and two Horse-beasts nor shall att any time carry above Twenty hundred weight betweene the First day of October and the First [day (fn. 7) ] of May nor above Thirty hundred weight betweene the First of May and the First of October (except such particulars as aforesaid) nor above five Quarters of Wheate Meal Mesline Rye Pease Beanes and Tares nor above eight Quarters of Barley Malt or Oates and after that proportion nor shall any Waggon Wayne Cart or Carriage for the uses aforesaid be imployed the Wheeles whereof are lesse in breadth then foure Inches in the Tyre upon pain that every Owner of such Waggon Wayn Cart Carriage Horse-beasts or Oxen shall forfeit for every of the said Offences the su[m]m of Forty shillings to bee devided into three equal parts One part thereof to the Surveyors of the High wayes of the Town Village or Hamlet where any of the said Offences shall be committed to bee imployed in the Repaires of the said High wayes One other part to the Overseers of the Poore of the Parish where any of the said Offences shall be committed for the releife of the Poore of the said Parish and the other part thereof to him that shall discover and prosecute for any of the said Offences the said penalty to be levied by Distresse of all or any of the said Horsebeasts or Oxen and to be distributed as aforesaid by the Constable Surveyor or Surveyors of the said High wayes Overseer or Overseers of the Poore or any of them And in case the said penalties shall not be paid within three dayes after such Distresse that then it shall be lawfull to and for the said persons so distraining as aforesaid to sell the same and to restore the Overplus to the Owner the Charges of keeping and selling first deducted.

IX. Offences common Nuisances.

And be it further enacted That all and every the said offences shall be and are hereby declared and adjudged to be common Nusances.

X. Suit commenced against Persons executing Act.; General Issue.

Double Costs.

And bee it further enacted That if any Suit shall be commenced against any person for any thing done in pursuance of this Act that in every such case the Action shall be laid in the proper County where the fact was done and not elsewhere and the Defendant may plead the General Issue and give this Act and the special matter in evidence at the Tryal and if it shall [soe (fn. 8) ] appeare to be done or that it was not done in the County where the said Suit is commenced that then the Jury shall find for the Defendant and in such case as alsoe if the Plaintiffe shall be non suit or discontinue his Action after the Defendant hath appeared or if upon Demurrer Judgement be given against the Plaintiffe or if upon Tryal a Verdict passe for the Defendant the Defendant shall have his double Costs and the like Remedy for the same as any Defendant hath in any other Case by Law.

XI. Rates, charitable Gifts for repairing Roads, and Penalties, &c.; (Exception)

how to be employed.

And be it further enacted by the Authority aforesaid That all su[m]ms of money so rated and assessed as aforesaid and all charitable Guifts formerly given or to be given for the makeing amending and keeping in repaire of any common and publick High wayes Pavements and Cawseys (except as hereafter is excepted) and all Fines Penalties Forfeitures and other su[m]ms of money arising by Assessment or otherwise by this Act not otherwise by this Act disposed of and all Issues to be forfeited for not appeareing to any Information or Indictment for not repairing any High wayes or removing Nusances out of the same and all Fines and Amercements to be imposed upon any Parish Town Village or Hamlet or upon any private person for not repairing of common [& publick (fn. 8) ] High wayes which are not otherwise disposed by this Act shall bee imployed and bestowed by the said Surveyors within the respective Parishes Townes Villages and Hamlets to which such charitable Gifts are given and bestowed and within which such Assessment Fines Penalties Forfeitures Issues and Amercements are imposed happened or made in paying for Materials Workemens. Wages and for such other employments as are hereby appointed to be done and performed and be levied collected and gathered by the said Surveyors or any of them by Warrant under the Hands and Seals of any two Justices of Peace within the County City Riding Town Corporate Liberty or Limit wherein the same lieth by distresse and sale of the Goods as is aforesaid

XII. Surveyors to account.

Method of Account; and to pay Balance to Successor.; Not accounting;; Imprisonment in Common Goal.

And be it further enacted by the [Authoroty (fn. 9) ] aforesaid That every person soe elected and taking upon him or them the Office of Surveyor or Surveyors as aforesaid shall within One Moneth next after the expiration of the yeare wherein [he (fn. 8) ] executed the said Office as Surveyor of the High wayes make and yeild up to the Inhabitants of the Parish Town Village or Hamlet at some publick Meeting to bee appointed by the said Inhabitants a perfect. Accompt in Writing under his and theire Hands of all the Moneys he or they received or paid within his or theire yeare for or by reason of his or theire Office namely of whom and what received and to whom and what paid and what Moneys are in arreare and unpaid either for Assessments Fines Forfeitures Penalties and charitable Gifts and if any Overplus be in his or theire Hands he or they shall returne and pay the same to the next Surveyors or one of them for the use of the Parish Town Village or Hamlett to bee disbursed in and about the High wayes in the following yeare And if the said Surveyor or Surveyors shall not make such an Account and Payment as before any two Justices of the Peace living neere to or in the said Parish shall and may upon complaint unto them made examine the busines upon Oath and upon default found in the Surveyor or Surveyors shall and may commit him or them to the Common Goal of that County City Riding Town Corporate Liberty or Limit there to remaine until he hath made a true and perfect Account and Payment as aforesaid

XIII. Justices of Assize, &c. and of the Peace may determine respecting charitable Gifts for repairing Highways. Exception.

And be it further enacted That all and every Justices of Assise Oyer and Terminer and Justices of the Peace shall have Power and Authority and are hereby enabled and impowred to enquire after heare and determine all matters concerning charitable Gifts for the makeing amending and keeping in repaire any Common High wayes Pavements Streets and Cawseys within the limits of theire Commission and to make Orders therein for the due imployment of such charitable Gifts according to the true intent and meaning of the Donors thereof except Gifts to the aforesaid Uses made to any Colledge Hall Free School or Hospital which have Visitors of theire owne and alsoe to heare and determine all Offences Defaults and Defects in Surveyors or others concerning the Premisses.

XIV. Appeal to Chancery.

Provided that if any person [shall (fn. 10) ] be agreived with such Order they shall have liberty to appeal to the Court of Chancery as in the case of a Decree made upon the Statute of charitable Uses.

XV. Certiorari not to be allowed on Information, &c.

unless Security for Costs, £40.

And be it further enacted by the Authority aforesaid That from and after the first day of May One thousand six hundred sixty and two no Certiorari shall be allowed to remove any Information Indictment Presentment Order or other proceedings in the Quarter Sessions of for or concerning any matter or thing in this Act unlesse the party or parties against whom any such Information Indictment Presentment Order or other proceedings shall be had by vertue of this Act shall before the allowance of such Certioraries become bound to the person or persons prosecuting in the su[m]m of forty pounds with such sufficient sureties as the Justices of Peace att theire said Quarter Sessions of the Peace shall thinke fitt with condition to pay unto the said prosecutors within One moneth after the Conviction of such parties indicted theire full costs and damages to be ascertained upon theire Oathes and that in default thereof it shall be lawfull for the said Justices to proceed to triall of such Indictments Any such Writs of Certiorari to remove the same Indictments notwithstanding

XVI. Recital of Petition of certain Inhabitants of the Parish of Laycock in the County of Wilts, respecting Foot Bridge and Rey Bridge.

The said Parishioners indemnified against rebuilding Rey Bridge except for Horse and Pack.

And whereas at a generall Quarter Sessions held for the County of Wilts it was at the humble Petic[i]on of the Petic[i]oners of Laycock and other Inhabitants of the said County ordered that one ancient Bridge called Foot Bridge leading thorough the said Parish between London Bath and Bristol being more comodious for all Carts than one other Bridge in the said Parish called Rey Bridge should be repaired and made passable for all Carts Waggons and Carriages (with the Materials of Rey Bridge) which was thereby ordered to be taken down which Order was accordingly put in Execution in the said County and Parish Be it therefore enacted by the Authority aforesaid That the said Parishoners and all others imployed by them in the pulling downe the said Bridge called Rey Bridge and imploying the Materials thereof as aforesaid shall be and are hereby indempnified from all suits troubles and molestations whatsoever touching or concerning the same and that the said Parishoners of Laycock and other the aforesaid Inhabitants shall not hereafter be compelled by Information or Indictment or any other way be made chargeable with the rebuilding of the said Bridge called Rey Bridge otherwise then for the maintaining the said Bridge sufficient for Horse and Pack as it now stands Any Law or Statute to the contrary in any wise nowithstanding

XVII. Owners of Iron Works, and Persons within the Wilds of Surrey, Sussex, and Kent, not exempt.

Provided likewise and be it enacted That this Act shall not extend to exempt any Owner Farmer or Lessee of any Iron worke or other person within the Wildes of the Counties of Surrey Sussex or Kent for carrying so many load of Cinder Gravel Stones and other Materials or contributing such su[m]ms of money towards the amending and repairing of the High wayes as they are obliged to by any former Acts

XVIII. Cases in which no Assessment under this Act.

And be it further provided and enacted That where the Justices of the Peace of any County at theire Generall Quarter Sessions or any two of such Justices neare to any Parish Township or Hamlett shall be fully satisfied that the High wayes and Bridges within the same may and will be sufficiently amended and repaired according to former usage without the helpe of this Act that then and in such Cases only there shall no Assessment be made within the same for and towards theire reparations by vertue of this Act

XIX. Proviso respecting Stratford Bridge in the Parish of Hillingdon in the County of Middlesex.

Provided alwaies and be it further enacted by the Authority aforesaid That the Justices of Peace of the County of Middlesex in theire publick Sessions of the Peace shall have Power and Authority to make Orders for erecting or setting up a new Bridge of Brick or Stone fitting for the passage of Carts and Carriages in the room and place of a Bridge now only passable for Foot and Horse called Stratford Bridge in the Parish of Hillingdon in the said County or in some [other (fn. 11) ] more convenient place neare thereunto at the present charge of the whole County for the erecting of the same but to be upheld repaired and maintained after it be so erected at the charge of the Lord of the Manour wherein the said Bridge now standeth proportionable to the charge he is now at for maintaining the Horse Bridge and the residue of the charge to be borne by the Parishoners of the said Parish for which purpose the said Justices of the Peace at theire said publick Sessions are hereby enabled to make respective rates accordingly so as the su[m]m to be assessed for the erecting the said Bridge exceed not the su[m]m of One hundred pounds [And the said Justices are to take care that the said Bridge be finished by or before the first day of August in the Yeare of our Lord God One thousand six hundred sixty and three (fn. 12) ]

XX. Surveyors to take care that Bridges have sufficient Walls, or Posts and Rails.

[And be it enacted by the Authority aforesaid That the said Surveyors doe take care that all and every Bridge or Bridges within theire respective limits shall before the Feast of S^t. Michael One thousand six hundred sixty [and (fn. 10) ] two have sufficient walls or posts and railes of each side thereof four foot high at the least and that the said walls or posts and railes be from time to time kept in sufficient repaire (fn. 12) ]

XXI. Proviso respecting Surveyors for the Year 1662 ; and also where no Surveyors chosen for that Year.

[Provided alwaies and be it enacted by the Authority aforesaid That the Surveyors of the High ways named for the yeare One thousand six hundred sixty and two shall within Twenty dayes after the Publication of this Act proceede to do and execute all things in this Act for the said yeare One thousand six hundred sixty two And where there are no Surveyors of the High wayes chosen for the said yeare One thousand six hundred sixty two they shall be chosen within Twenty dayes after Publication of this Act by such persons as by this Act is appointed and being so chosen they shall hereafter do and execute all things according to the tenure of this Act

XXII. Tenant of Lands to pay Assessment. Proviso for Agreements.

Provided alsoe and be it enacted by the Authority aforesaid That where any Lands are let the Tenant and Occupier thereof shall pay the Assessment and bear all charges for the mending of the High wayes and not the [Land (fn. 13) ] lord except where there is or shall be any Agreement betweene the said Landlord and the Tenant to the contrary. (fn. 14) ]

XXIII. Continuance of Act.

Provided alsoe and be it further enacted That the power of raising and levying money by vertue of this Act shall continue in force for Three yeares only from the five and twentieth day of March One thousand six hundred sixty and two and no longer but that all other Powers and Clauses in this Act shall continue and stand in force until the end of the First Session of the next Parliament and no longer.