A guide to surveyors of the high-ways shewing the office and duty of such surveyors, with several cases and resolutions in law relating to the same : collected and gathered out of publick acts of Parliament now in force, and out of the year-books, and other books of the municipal laws of this kingdom : with an abridgment of the statute of 22 H. 8 Chap. 5 for the repairing of bridges, with cases relating thereunto : and likewise a summary of the statutes made for paving, cleansing, &c., streets, lanes, &c., in London and other towns and places, and an abstract of statutes made for the repairs of high-ways and bridges in particular places, methodiz'd into short chapters for the ready finding out any matter contain'd in the book / by G. Meriton, Gent.

CHAP. III. What things are first to be done by the Surveyors of High-ways, after they have taken the Office upon them, and within what time, an•• under what penalty, and how to be levied and disposed of.

THE Constables and Churchwar∣dens* 1.1 of every Parish, with such of the Parishioners as did in Easter Week make choice of their Surveyor•• for their High-ways, were at the same time to appoint four days for amend∣ing* 1.2 their High-ways betwixt that time and Midsummer-day next following and publick notice of the said four days was to be given in the Church the Sunday next after Easter; but by the Statute 22 Car. 2. this Clause is alter∣ed in all particulars: 1. As to the Parties that are to appoint the days

2. As to the time and place of giving notice. 3. As to the number of the days: And 4. As to the time of the year.

The Surveyors of the High-ways* 1.3 having taken the Office upon them, are to appoint six days for the pro∣viding* 1.4 of Stones, Gravel, and other Materials for the amendment of, and for working in the High-ways, having respect to the Season of the Year, and the Weather, and giving notice pub∣lickly some convenient time before the several days; at which days all persons liable to the said Work shall attend and work accordingly: And in such places* 1.5 where the High-ways cannot be suffici∣ently amended before the Feast of the Nativity of St. John Baptist yearly, the same may and must be sufficiently amen∣ded before the Feast of St. Luke yearly, without incurring any penalty for the not doing thereof before the said Feast of the Nativity of St. John Baptist, ac∣cording to the former Act: And this is the Rule that is now to be obser∣ved.

And every Surveyor of the High-ways,* 1.6 is within fourteen days after his first acceptance of the said Office, and so from time to time every four

months during his being Surveyor, to take a view of all the Roads, Com∣mon High-ways, Water-courses, Bridges Cawseys and Pavements within th•• Parish, Town, Village, Hamlet, Pre∣cinct or Tything, for which he is ap∣pointed Surveyor, that are to be re∣paired by the said Parish, Town, Vil∣lage, Hamlet, Precinct or Tything and must make a Presentment upon* 1.7 Oath in what state and condition h•• finds the same in, to some Justice 〈◊〉〈◊〉 the Peace of the same Division, if the•• resident there▪ otherwise to some neighbouring Justice of the Peace 〈◊〉〈◊〉 the same County, and in default ther•• of to incur the same penalties as if h•• had refused, or neglected to acce•••• and execute the said Office (whic•• penalty is five pounds, to be levied o•• his Goods and Chattels by Distress an•• Sale, by Warrant under the Hand an•• Seal of two or more Justices of th•• Peace of the same Division, or in d••∣fault thereof any neighbouring Justic•• of the Peace for the same County unless he shew some reasonable excu•••• (to be allowed by the Justices aforesaid for omitting the same.

And what defaults or annoyances the* 1.8 ••urveyors shall find in any of the said High-ways, Cawseys, Bridges, Ditches, ••edges, Trees, Water-courses, Drains 〈◊〉〈◊〉 Gutters next adjoining to the same, ••hey are from time to time the next Sunday after Sermon ended to give ••ublick notice thereof in the Parish-Church, and if the same be not re∣moved, repaired and amended within ••hirty days after such notice, then the ••urveyor or Surveyors are within thirty days to remove, repair and amend the ••ame; and dispose of the same Annoy∣••nces for the repair of the said High-ways; and what Charges the Sur∣••eyor* 1.9 and Surveyors are at, they are to ••e reimbursed by the Parties who should have done the same; and if the parties refuse or neglect to pay the Sur∣veyors their Charges upon demand, ••hen the Surveyors making Oath here∣of before any Justice of the Peace within the Division of the County wherein such Way is, or in default ••hereof to any neighbouring Justice for ••he said County, they shall be repaid all such their Charges as shall be al∣lowed to be reasonable by the said Ju∣stice, to be levied in manner aforesaid; that is, by distress and sale of Offen∣ders

Goods and Chattels by Warran•• as is shewed before, but still here 〈◊〉〈◊〉 no Officer named that shall execu•••• the Warrant and make the distress an•• sale.

Notes

• * 1.1

  2 & 3 P. & M. ch. 8. Wing. Bridges sect. 5.
• * 1.2

  Then by the Stat. of 5. Eliz. ch. 131. six days were to be appointed in manner aforesaid, Wing. Highways, sect. 14.
• * 1.3

  How many days Surveyors are to appoint, 22 Car. 2. ch. 12.
• * 1.4

  Wingate sect. 39. High-ways.
• * 1.5

  Within what time the publick or common days works are to be performed, 22 Car. 2. ch. 12. Keb. St. f. 1394. sect 3. Win∣gate sect. 33. High-ways.
• * 1.6

  Within what time Surveyors are to view all their Ways, &c. 3 & 4 W. & M. ch. 12.
• * 1.7

  Presentment to be made upon Oath, and to whom, and under what penalty.
• * 1.8

  Notice to be gi∣ven in the Church of defaults and annoyances, and if not removed Sur∣veyors to remove them, and how to dispose of them.
• * 1.9

  Surveyors to have their Charges repaid for removing of Annoyances, re∣pairing, &c.,