Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol I).djvu/374

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358
The Rights
Book 1.

cular officer to call the pariſh together, and ſet them upon this work; for which reaſon by the ſtatute 2 & 3 Ph. & M. c. 8. ſurveyors of the highways were ordered to be choſen in every pariſh[1].

These ſurveyors were originally, according to the ſtatute of Philip and Mary, to be appointed by the conſtable and churchwardens of the pariſh; but now[2] they are conſtituted by two neighbouring juſtices, out of ſuch ſubſtantial inhabitants as have either 10𝑙. per annum of their own, or rent 30𝑙. a year, or are worth in perſonal eſtate 100𝑙.

Their office and duty conſiſts in putting in execution a variety of ſtatutes for the repairs of the highways; that is, of ways leading from one town to another: by which it is enacted, 1. That they may remove all annoyances in the highways, or give notice to the owner to remove them; who is liable to penalties on non-compliance. 2. They are to call together all the inhabitants of the pariſh, ſix days in every year, to labour in repairing the highways; all perſons keeping draughts, or occupying lands, being obliged to ſend a team for every draught, and for every 50𝑙. a year, which they keep or occupy; and all other perſons to work or find a labourer. The work muſt be completed before harveſt; as well for providing a good road for carrying in the corn, as alſo becauſe all hands are then ſuppoſed to be employed in harveſt work. And every cartway muſt be made eight feet wide at the leaſt[3]; and may be increaſed by the quarter ſeſſions to the breadth of four and twenty feet. 3. The ſurveyors may

  1. This office, Mr Dahon (juſt. cap. 50.) ſays, exactly anſwers that of the curatores viarum of the Romans: but, I ſhould gueſs that theirs was an office of rather more dignity and authority than ours, not only from comparing the method of making and mending the Roman ways with thoſe of our country pariſhes; but alſo becauſe one Thermus, who was the curator of the Flaminian was candidate for the conſulſhip with Julius Caeſar. (Cic. ad Attic. l. I. ep. 1.)
  2. Stat. 3 W. & M. c. 12.
  3. This, by the laws of the twelve tables at Rome, was the ſtandard for roads that were ſtraight; but in winding ways, the breadth was directed to be ſixteen feet. Ff. 8. 3. 8.
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