A help to magistrates, and ministers of justice,: also a guide to parish and ward-officers. : Containing, 1. Plain directions for justices of the peace ... 2. To their clerks in drawing forms of warrants, and other necessary writings. 3. A help to grand and petty juries. 4. Penalties upon forestallers ... 5. The rates of servants wages ... 6. Some directions to coroners and their inquests ... 7. Customs ... peculiar to the city of London in privileges, law-matters ... 8. The office and duty of a high constable ... 9. The office and duty of churchwardens and sidesmen. 10. The office and duty of the overseers of the poor. 11. The office and duty of toll-keepers and fair-keepers. 12. The office and duty of surveyors of highways, scavengers, &c.

The Duty and Office of the Surveyors of the High-ways and Bridges, Scavengers in London, Westminster, Borough of Southwork, &c. With more particu∣lar Directions what they are to do and observe there∣in, and how to behave themselves, and order Mat∣ters for the due Discharge of the said Office. CHAP. LXXXI. Surveyors of the High-ways, their Office and Duty in mending the Ways, and Rating.

THough Ways are generally called the King's High-way, yet of Ways there are three sorts: 1. A Way where Men have a just Right to walk in, Pass and Repass. 2. A common Foot way and Horse way. 3. A Way for Carts and Wains, and all sorts of Carriages; and this latter is most properly called the King's High-way, free for himself and Subjects to pass and Re-pass at all times; whereas some in the other Sense, are Ways only to Grounds, Houses, &c. And Ways by Cu∣stom, and some again upon Sufferances in the publick Ways. All Nusances or Stoppages are In∣dictable, especially if not timely removed on No∣tice given, or the Lord of the Soil for any dig∣ging or spoiling the High-ways, may bring his Action against the Offenders.

The Surveyors duly chose by the other Offi∣cers, with the Advice of the Inhabitants, or the

major part of them upon publick Notice before given, are diligently to oversee those that Work on the days appointed, for the digging and car∣rying Gravel and other Materials, for mending such Ways where they shall find them defective, giving them Directions in order thereto; and up∣on publick Notice or Wa ning, the Persons so qualified are to send their Carts and Labourers.

Every Person having in his own Occupation a Plough-Land, in Tillage or Pasture, or keeping a Plough or Draught in the same Parish, is liable to send, according to the Fashion and Custom of the County wherein he resideth, or is so legally Charged, a Wain or Cart with Oxen or Horses, fit for Carriage and Work of this nature, attend∣ed by two able Men, who shall do such Work as shall be, by the Surveyors, appointed them, for the space of days, Working 8 hours every such day, under the Penalty of forfeiting for every days Default 10 s. and every other Housholder, Cotter or Labourer, not being a hired Servant, shall in Person attend the Service to Work, or send an able Man in his stead, under Penalty for every days Default to pay 12 d. and all other Per∣sons, being no otherways chargeable; but Cot∣tages being Subsidy 5 l. in Goods, or 40 s. by the Year in Lands, or above, they must find two able Men to Work in the Service.

It is in the Discretion of the Surveyors▪ if there be more Carts, Wains, &c. than are necessary, to appoint two able Men instead of a Team, on forfeiture of 12 d. each, in case of Defect. And if in 6 days the Ways cannot be conveniently mended, as is the usual time, they may set a far∣ther time; but then they must make Payment for it according to the Rate of the County; and if hereupon there be no Agreement, the Justice may settle the Rate.

If Materials be wanting, the Surveyors may take the small loose Stones from any Man's Quar∣ry, and such Rubbish as he finds there, it being near the Road, without paying for it, but must not dig not take away the great Stones. They may dig Gravel and Sand for the like Use, near any Highway, in other Mens Ground, not being their House, Yard, Orchard or Garden, without paying for it, the Pit not exceeding 10 Foot in breadth, and the like in width; which, as soon as the Work is over, must be covered up and made good at their Charge who caused it to be digg'd; or if it be so filled up within the space of one Month, they forfeit 5 Marks, to be recovered by the Owner, by Action of Debt.

All Owners of Ground adjoining to the High∣ways are to keep their Hedges low and upright, that the Boughs or Brambles standing out may not hinder or offend Travellers, and that so the Sun may shine on the Ways, to dry them; and such as are negligent in this, may be Presented and Indicted, and thereupon forfeit 10 s. besides their Charges.

And in case Ditches are stopped up with Mud or Ouse that should be Drains to the Highway, so that the Water lies in it, and cannot have a current Passage, the Owner of such a Ditch or Water-drain shall forfeit 12 d. for every Rod so neglected to be Scowred, by 18 Eliz. Chap. 10. And the Surveyor hath power to make Conveni∣encies for draining the Highways, as Sluces, Out∣lets of Water, &c. into any Man's Ditch or Ground, for the better and more speedy Conve∣niency of passing the Road. If any Man, upon Cleansing a Ditch, cast the Soil into the Road, and suffer it to lie there above the space of six Months, he is liable to pay 12 d. per Load for as many as shall be adjudged to be there.

If a Justice of the Peace shall, upon his own Knowledge of any Nusance on the Road, make a Presentment, it stands good, and two Justices, one being of the Quorum, may make the Amerce∣ment or Fine to be levyed on the Offender.

These Officers, viz. Surveyors, have in their Care all Bridges witnin their several Parishes or Liberties, to see they are kept in good Repair, from time to time, at the Charge of the Parish, Hundred, or as the Custom has been, and is con∣tinued; and if a Custom has therein ceased for a time, it may be revived; for in some Cases par∣ticular Persons are bound, by Tenure of Land, &c. to repair part or the whole of a Bridge, &c. without a Parish Charge. But to instance these Particulars, would be too tedious for my intend∣ed Brevity; and many times a whole County Iles chargeable to be Rated for the Repair of a Bridge, &c.