Page:Ruffhead - The Statutes at Large - vol 3.djvu/526

478 C. 12. Confljole ^o fcrve iJie No- niination. Anno tertio Golielmi 8c Marije. A. D. i6ar which Nomination and Appointment fhall, by the Con- and in the fame Dfvifion for the Year enfuing ; _ ^ _^ _ ___ ^^,,. flablcs, Headboroiighs, Tythingmen, or Surveyors of the Highways for the Time being, orVome of them be notified to the Perfon or Perfons fo nominated, chofen, and appointed by the faid Juftices, within fix Days after fuch Nomination, by ferving him or them with the faid Warrant or Warrants, or by leaving the fame, or atrue Copy- thereof, at his or their Houfes or ufual Places of Abode ; -and from thenceforth 5 1. - Penallv tiji on Nwninccs rt. filling, &c. afti; Service, the i'aid Office, according to the Laws and Statutes heretofo or repairin.g of Highways, and alfo diis prcfent AiSt ; a: Warrant, execute, ing, ved with the faid Warrant, IhalJ refufe cr negletSt fo to do, he or they fo refufing and neglecting fhall for- feit the Sum of five Founds, to be levied on his or their Goods and Chattels, by Diftrefs and Sale of the s heretofore made for the enlarging, ame nd if the faid Perfons fo nominated, and nd- fer- fame, by Warrant under the Hand and Seal of two or more Juftices of the Peace of the fame Diviilon or in Default thereof any neighbouring Juftices of the Peace j or the faid Pounty, which Warrant the faid Juftices are hereby impovvered and required to niake upon Information of any one credible Witnefsxipon Oath, the one Moiety of which faid Forftiture fhal! go to him that (hall inform, and the other Moiety for and towards the Repair of Highways of the lame Parifh, rendering the Overplus, if any be, to the Party or Parties whofe Goods ihall be diftrained, the Charges of the Diftrefs and Sale being firft deducted • and in cafe of fuch Negle£t or Refufal as aforefaid, the faid Juftices are hereby impowered to nominate and . appoint feme other fit Perfon or Perfons, to- perform th- faid Office, who upon like Notice of fuch Nomination and Appointment, fhall take upon hini'or them and duly execute the faid Office, and if he or they neglect or refufe fo to do, fnall forfeit the like Sum of five Pounds, to be levied and difpofed of as aforefaid ; and if the Conftables, Headboroughs, Tythingmen, Churchwardens, and Surveyor or Sur- ^pon Coiiflables, veyors of the Highways of any Parifti, Town, Liberty, or Precin£t, or fome of them, fliall not return 'c. rotietuni- ^j^^ j-^j^ j^-^^ ^j- jsj^j^jj^g^ j„ j^^.;^ Manner as in this A£t is diredted, every of them fo negleciino- fhall forfeit the Sum of twenty Shillings, to be levied in the Manner, and employed to the Ufes aforefaid. And be it further ena£led by the Authority aforefaid, That no Perfon or Perfons whatfoever {hall appoint orher Penons afier RciufaU 20 s. Penalty ing a Lift. 5 s. Penalty upon Pevfon IV. lay in any Highway, not being twenty Foot broad, any Stone, Timber, Straw, Dung, or other Matter laying Timber, whereby the fame fhall be ahy vVays obftrufted or annoyed, on pain to forfeit for every fuch Offence the h'h'" ' ^'•"" °^ five Shillings, to be levied and difpofed of as is aforefaid. Owner'o't" Land V. And be it further enabled by the Authority aforefaid, That if any Timber, Stone, Hay, Straw, adjoining (hall Stubble, or Other Matter for the making of Dung, or on any other Pretence whatfoever, fhall be laid in taicc auay Tim- any fuch Highway as aforefaid, whereby the fame fhall be any Ways obftrufted or annoyed, the Owners ^'j^5- '^'"8 '"or PoffefTors of the Lands next adjoining to the iame fliall clear the faid Way by removing the faid Tim- ii'jE-a'lV^&.'z. '^^* Stone, Hay, Straw, Dung, or other Matter, and have, take and difpofe of the fame to his and their C. 5- ' ' " ' " ' ' . -^ . — Penaltv for negledling. 5 6. Penalty upon Owner ■rqt llubbing up Trees, &e. PofE-ffors fliall prune the Hedges, ie ; and if any fuch Owner or Occupier of Lands next adjoining to the faid Higliway^, fhall negleft r the faid IVays of the faid Nufances, or to cleanfe or fcower their Ditches, Gutters, and Drains, own Ui'e to clear i adjoining to the faid Highways, or caufc the Earth taken out thereof to be carried away and lay fufficient Surveyor (hail jwefent the State of the Highways to a Juftice every I«ur Moaths, - ". . ■ -- - ifpofed in Manner aforefaid. VI. And be it further enabled by the Authority aforefaid, That no Tree, Bufii, or Shrub, fhall be per- mitted to ftand or grow in any Highway not full twenty Foot broad, but the lame flrall be cut down, grubbed up, and carried away, by the Owner or Owners of the Land or Soil where the fame doth or fhall Itand or grow, within ten Days after Notice to him or them given by the faid Surveyors, or any of them, on pain to forfeit for every Negieci the Sum of five Shillings, to be levied and difpofed as is afore- faid. VII. And be it further enafted by the Authority aforefaid, that the Pofleffors of the Land next adjoining to fuch Highways, where they are not twenty Foot broad, fhall fron Time to Time, and at all Times, keep their Hedges plaftrt, cut, or pruned, fo as no Tree, Bulh, or Shrub, fliall ftand or grow in fuch Highway, nor any Bough or Branch be fuftered to hang over the fame, or any Part thereof; but the faid Hedges fhall be kejit cut and pared right up from the Roots, and not permitted in any Sort to fpread into 6t hang over the Highway, or any Part thereof, to the End that there may be a free and clear Pallage for Travellers,, and ail Sorts of Carriages leaden, without being any ways prejudiced or obftriifled by any Hedges, Trees, Boughs, or Branches whatfoever, and that the Sun riiay freely fliine into the faid ^Vays,- to dry and amend the Jame. VIII, . And be it further enafled by the Authority aforefaid. That every Surveyor of the Highways, ap- pointed as in and by this Aft is direifed, fhall within fourteen Days next after his firft Acceptance of the faid Office, and fo from Time to" Time every four Months, during his being Surveyor, take a View of all the Roads, common Highways, Watercourfes, Bridges, Caufevvays, and Pavements within the Parifh, Town, Village, Hamlet, Precindf, or Tything, for which he is appointed Surveyor, that are to be re'- paired by the faid Parifli, Town, Village, Hamlet, Precindl, or Tything, and fhall make a PrefentmenI; upon Oath, in what State and Condition he finds the fame rcfpeitively, to fome Juftice of the Peace of the fame Divilionj if thenrefident there, otherwife to fotnc neighbouring Juftice of the Peace for the fei'd' ■ .. County,.