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<DATE>2014-01-14</DATE>
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<NAME>Mona Logarbo</NAME>
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<TEXT LANG="eng">
<FRONT>
<DIV1 TYPE="title page">
<PB REF="1" MS="y">
<P>AN ORDINANCE FOR Better Amending AND Keeping in Repair THE COMMON HIGH-WAIES WITHIN THIS NATION.</P>
<P><FIGURE>
<FIGDESC>depiction of the state arms of the Commonwealth (1649-60) consisting of the cross of St. George (patron saint of England) and the Irish harp</FIGDESC>
</FIGURE></P>
<P><TEXT LANG="eng">
<BODY>
<DIV1 TYPE="license">
<OPENER><DATELINE><DATE>Fryday March 31. 1654.</DATE></DATELINE></OPENER>
<P>ORdered by His Highne&s;s the Lord Protector, and his Council, That this Ordinance be forthwith printed and publi&s;hed.</P>
<CLOSER><SIGNED>HENRY SCOBELL Clerk of the Council</SIGNED></CLOSER>
</DIV1>
</BODY>
</TEXT></P>
<P><HI>London,</HI> Printed by <HI>William du-Gard</HI> and <HI>Henry Hills,</HI> Printers to His Highne&s;s the Lord Protector, 1654.</P>
</DIV1>
</FRONT>
<BODY>
<DIV1 TYPE="text">
<PB REF="2">
<PB N="201" REF="2">
<HEAD><FIGURE>
<FIGDESC>depiction of the state arms of the Commonwealth (1649-60) consisting of the cross of St. George (patron saint of England) and the Irish harp</FIGDESC>
</FIGURE></HEAD>
<HEAD>AN ORDINANCE For better amending and keeping in repair THE Common High-Waies within this NATION.</HEAD>
<P>_WHereas the &s;eueral Statutes now in force for mending High-waies are found by experience not to haue produ|ced &s;uch Good Re|formation as was thereby intended, Therefore, and to the end more effectual Remedies may be pro|vided,
<PB N="202" REF="3"> Be it ordained by His Highne&s;s the Lord Protector, by and with the advice and con&s;ent of his Council,
<LIST>
<ITEM>I. That in every Pari&s;h within this Na|tion of <HI>England</HI> and <HI>Wales,</HI> there be two or more (according to the Greatne&s;s of the Pari&s;h) able and &s;ufficient Hous-houlders in|habiting in &s;uch Pari&s;h, and &s;everally holding Lands there of the yearly value of twenty pounds or more, in occupation, or &s;uch others as &s;hall be worth one hundred pounds in per|&s;onal E&s;tate, elected and cho&s;en, upon the fir&s;t <HI>Tue&s;day</HI> next en&s;uing the five and twentieth day of <HI>March,</HI> yearly, to be Surveyors of the High-waies within their Re&s;pective Pari&s;hes for the year en&s;uing.</ITEM>
<ITEM>II. That if it &s;hall fall out that no &s;uch Sur|veyors &s;hall be cho&s;en, as afore&s;aid, within any &s;uch Pari&s;h, that then in &s;uch ca&s;e the Pari&s;hioners of every &s;uch Pari&s;h &s;hall for|feit twenty pounds to be levyed upon the mo&s;t Sub&s;tantial Inhabitants thereof, who are to have contribution from all the re&s;t of the Inhabitants of the &s;aid Pari&s;h who are taxable hereby for repair of the &s;aid High-waies; and in ca&s;e of difference in rating, the &s;ame to be ordered and &s;ettled by the Iu&s;tices of the Peace of the &s;aid Coun|ty, City or Town Corporate, where &s;uch Pari&s;h lyes, or any two of them; and in &s;uch ca&s;e where no &s;uch election of Surveyors &s;hall be made as afore&s;aid, the then Over|&s;eers for the Poor of that Pari&s;h are hereby appointed to be Surveyors of the &s;aid Sur|veyors
<PB N="203" REF="3"> of the &s;aid High-waies within &s;uch Pari&s;h, for the year en&s;uing.</ITEM>
<ITEM>III. That every Per&s;on being elected, or hereby appointed to be Surveyors of High-waies, as afore&s;aid, &s;hall undertake the Office, and &s;hall within ten daies after &s;uch his Election, or being appointed, as afore&s;aid, procure him&s;elf to be &s;worn before &s;ome Iu&s;tice of Peace of the County, Riding, City, or Town Corporate, or Limit, within which his Pari&s;h doth ly, diligently and faith|fully to execute the office of Surveyor of High-waies within his Pari&s;h for the year then en&s;uing, and faithfully to accompt for all moneys which &s;hall come to his hands by vertue of his &s;aid Office, which oath every Iu&s;tice of Peace is hereby impowred and authorized to admini&s;ter, within the Li|mits of his Commi&s;&s;ion, accordingly. And if any &s;uch per&s;on &s;o elected, or hereby ap|pointed, &s;hall refu&s;e to accept of his &s;aid Office, and to procure him&s;elf to be &s;worn as afore&s;aid, that then every per&s;on &s;o failing &s;hall forfeit for the &s;ame the &s;um of ten pounds.</ITEM>
<ITEM>IV. That every Surveyor of High waies, ha|ving accepted the Office, and being Sworn as afore&s;aid, &s;hall diligently apply him&s;elf to the duty and Execution of his Office, and &s;hall within ten daies after his Oath taken, view all the Common and Publique High-waies and Roads, where Carts and Carri|ages u&s;ually pa&s;s, and all Common Brid|ges belonging to the &s;aid Pari&s;h, to repair,
<PB N="204" REF="4"> and all Water-cour&s;es, as al&s;o all Streets, and pavements, and Common Nu&s;ances in the &s;aid Waies and Streets, within their re&s;pective Pari&s;hes; And &s;hall con&s;ider what Reparations will be needfull to be made, and what &s;ummes of money will be requi&s;ite and nece&s;&s;ary to be rai&s;ed within the Pari&s;h for amending and repairing the &s;ame, upon pain of forfeiting twenty &s;hillings a piece for neglect of &s;uch view.</ITEM>
<ITEM>V. That the &s;aid Surveyors do, within &s;ix daies after &s;uch view, give publique notice in the Church or Chappel to the Pari&s;hioners to meet to make an A&s;&s;e&s;ment for repairing the &s;aid High-waies &amp; &s;treets, for making &amp; re|pairing of pavements, and for clean&s;ing the &s;aid Streets and pavements, from time to time, and for what el&s;e &s;hall be requi&s;ite for the purpo&s;es afore&s;aid, and thereupon a Rate or Tax in writing, within three daies after &s;uch notice, &s;hall be laid by the &s;aid Inhabi|tants pre&s;ent at &s;uch meeting, or the greater number of them, by a pound Rate, upon all the &s;everal Occupiers of Hou&s;es, Lands, Tythes, Cole mines, fellable Woods, Te|nements or Hereditaments, within the Pa|ri&s;h, according to the true yearly value of the &s;ame, and al&s;o upon the dead Goods, Com|modities or Stock in Trade of every parti|cular Pari&s;hioner charged to pay to the poor, rating every twenty pounds value of &s;uch Goods, equal to every twenty &s;hillings Land by year; And &s;uch further Rate to be afterward, and oftner made, as occa&s;ion shall require, &s;o as all the Rates together do
<PB N="205" REF="4"> not exceed twelve pence in the pound for any one Pari&s;h in any one year.</ITEM>
<ITEM>VI. That if &s;uch Pari&s;hioners, or the greater number of them, &s;hall not agree among them|&s;elves to make &s;uch Rate within two daies after &s;uch meeting, that then the &s;aid Sur|veyors of High-waies them&s;elves &s;hall make a Rate in writing according to the direction afore&s;aid, and &s;uch Rate as the &s;aid Pari|&s;hioners or Surveyors re&s;pectively &s;hall &s;o make, being confirmed by one Iu&s;tice of peace, &s;hall &s;tand, until upon complaint and proof of &s;ome Irregularity or Inequality therein, to the Iu&s;tices of Peace at the Ses&s;ions, the Bench of Iu&s;tices, or any two of them then pre&s;ent &s;hall &s;ee cau&s;e to alter the &s;ame; And if the &s;aid Iu&s;tices &s;hall find cau&s;e to alter it, then the &s;aid Rate, with &s;uch altera|tion as they &s;hall make, &s;hall &s;tand without any further Appeal.</ITEM>
<ITEM>VII. That in ca&s;e where Common Nu&s;ances are in High-waies, or where &s;uch Common High-waies in any Pari&s;h are &s;treightned by rea&s;on of inclo&s;ures made within twenty years, either by Hedges, Ditches, Walls, or the like, or where Ditches or Water cour&s;es adjoining upon &s;uch High-waies, or which do lead the water from &s;uch High-waies are not &s;coured and dre&s;&s;ed, or where any pavements are defective, or any Nu&s;ances by filth or o|therwi&s;e are in any paved Streets, the &s;aid Surveyors &s;hall &s;ee that the &s;ame be reform|ed, and the Offenders in any of the premi&s;&s;es puni&s;ht according to Law, by Information
<PB N="206" REF="5"> or Indictments, deducting for the charge of pro&s;ecution out of the monys collected; and the &s;aid Pari&s;hioners or Surveyors of High-waies re&s;pectively are hereby impowred in &s;uch ca&s;e al&s;o to impo&s;e and leavy over and above the twelve pence in the pound before|mentioned, &s;uch greater Taxes and Rates upon the Occupiers of tho&s;e Lands where &s;uch Inclo&s;ures, or Vndre&s;t Ditches or Fen|ces be, as they &s;hall re&s;pectively think fit, ha|ving the &s;ame Rates allowed by the Se&s;&s;i|ons of the peace, or the two next Iu&s;tices of peace, as afore&s;aid, which &s;hall be final to the parties.</ITEM>
<ITEM>VIII. That if any Pari&s;hioners rated to the mending of High-waies as afore&s;aid, &s;hall fail to pay to the &s;aid Surveyors of High-waies his proportion of Tax rated upon him, by the &s;pace of &s;eaven daies after pub|lique notice and warning given for payment thereof, That then every &s;uch Pari|&s;hioner failing shall pay double as much as he is rated at in the Tax.</ITEM>
<ITEM>IX. That for more effectual mending the &s;aid High-waies, and parish-Bridges, and Streets, &amp; for removing publique Nu&s;ances out of the &s;ame, The Surveyors aforementioned shall yearly at &s;uch convenient times as they shal agree upon, hire &s;uch, and &s;o many Labou|rers and Workmen, and Carts and Carria|ges, as they shall think needful for mending the &s;aid High-waies, parish-Bridges, and Water-cour&s;es, and Streets, and shall cau&s;e them to be fully and perfeccly mended from
<PB N="207" REF="5"> time to time, and &s;uch Workmen and Owners of Carts and Carriages are hereby required to work accordingly, for &s;uch rea&s;onable Wa|ges, and under &s;uch penalty, as any two Iu|&s;tices of peace within the Divi&s;ion shall think fit.</ITEM>
<ITEM>X. That in places where Ditches adjoyning to common High-ways, or &s;erving to lead the water from &s;uch High-ways, are or &s;hall be un|dre&s;t or un&s;coured, or where water doth run in|to or &s;tand in any &s;uch High-ways, to the an|noyance of it, or where Trees, Bu&s;hes, or Hedges, &s;tanding in High-ways, or adjoyning to High ways, are &s;uffered to grow up, and to hinder and ob&s;cure it from the power of the Sun for drying thereof, The &s;aid Surveyors are hereby impowred in all &s;uch re&s;pective pla|ces to cau&s;e &s;uch Ditches to be dre&s;t and &s;cour|ed, and to &s;top and divert any &s;uch water-cour&s;e, and to turn the water into any adjoyn|ing Ditch, or to make new Ditches in conve|nient places through the Grounds adjoyning, for the mo&s;t convenient conveying &s;uch water, as al&s;o to cut, pla&s;h, and keep low all &s;uch Trees, Bu&s;hes, and Hedges, as they &s;hall &s;ee cau&s;e.</ITEM>
<ITEM>XI. That the &s;aid Surveyors be &amp; are hereby im|powred further to dig for and get Stones, Gra|vel, Sand, Sinder, Chalk, or any other materi|al fit for mending High ways in or upon any the wa&s;t or common Grounds within the Pari&s;h, or if they cannot there be conveniently had, in and upon any private mans Pa&s;ture or fal|low
<PB N="208" REF="6"> Ground where it may be had, within the Pari&s;h, or in any other near adjoyning Pari&s;h, with convenient way for &s;ending the &s;ame at &s;uch &s;ea&s;onable times, and for &s;uch rea&s;onable &s;atisfaction and compo&s;ition to &s;uch private per&s;on as the &s;aid Surveyors and Occupiers of &s;uch Land &s;hall agree upon, and in ca&s;e of di&s;|agreement betwixt them, then for &s;uch &s;atisfac|tion as any Iu&s;tice of Peace near adjoyning, not intere&s;&s;ed in &s;uch Ground, to be indifferent|ly cho&s;en by the parties, &s;hall &s;et down and ap|point, and &s;uch Order as the &s;aid Iu&s;tices of Peace &s;hall &s;et down &s;hall be final to the par|ties, without further appeal.</ITEM>
<ITEM>XII. That in ca&s;e where the &s;aid common High-ways and &s;treets are or &s;hall be &s;o defective, or &s;hall extend in &s;o great length in any one Pa|ri&s;h as that the parish is overburdened there|with, and the Rate of twelve-pence in the pound before mentioned will not &s;uffice to a|mend and repair the &s;ame, the Iu&s;tices of Peace, at their open Se&s;&s;ions, are hereby im|powred from time to time to rate &s;uch other parishes within the Limits of their Commi&s;|&s;ion, who&s;e Rate for mending High-ways ac|cording to the true yearly value of the Land shall not amount to twelve pence in the pound as afore&s;aid, as the &s;aid Iu&s;tice shall think fit, till the Rate amount to twelve-pence in the pound, towards the mending of the High-ways and &s;treets in &s;uch parishes as they shall finde to be &s;o overburdened.</ITEM>
<PB N="209" REF="6">
<ITEM> XIII. That if any Wagons, Carts, or Carria|ges, wherein any Burdens of dead Commodi|ties or Wares shall at any time from and after the fir&s;t day of <HI>M<GAP DESC="illegible" EXTENT="1 letter">y</HI> next be drawn upon any &s;uch High-ways, Roads, or &s;treets with above five hor&s;es or Mares, or &s;ix Oxen and one hor&s;e or Mare, in any one Cart or Wagon, that then it shall be lawfull to or for any Con&s;table or Surveyor of High-ways, or other Inhabi|tant in any parish where &s;uch loaden Wagon, Cart, or Carriage shall pa&s;s, and be drawn as afore&s;aid, to di&s;train and &s;eize all &s;uch &s;u|pernumerary hor&s;es, Mares, or Oxen, as he shall finde in any &s;uch Wagon, Cart, or Carriage, over and above the number of five hor&s;es or Mares, or &s;ix Oxen and one hor&s;e or Mare re&s;pectively, &amp; the &s;ame &s;upernumerary Hor&s;es, Oxen and Mares re&s;pectively, to detain and keep until &s;uch Owner or Driver have paid and an&s;wered into the hands of the &s;urveyors of High-waies within the pa|ri&s;h where &s;uch Di&s;tre&s;&s;e and &s;eizure shall be made, or one of them, the &s;um of twenty shillings for every &s;uch &s;upernumerary Hor&s;e Mare, or Ox; And if &s;uch penalty be not paid within &s;even daies after &s;uch Di&s;tre&s;s or &s;eizure, together with full &s;atisfaction for
<PB N="210" REF="7"> keeping the Bea&s;ts and Cattle di&s;trained, and other Charges thereabouts in the mean time, that then it shall be lawful for &s;uch &s;urvey|ors of High waies to &s;ell &s;uch Hor&s;es, Mares, or Oxen &s;o &s;eized, and to retain out of the price the &s;aid twenty shillings and char|ges, returning the overplus to the partie. And in ca&s;e any difference happen about the &s;ame, the Next Iu&s;tice of Peace shall deter|mine the &s;ame, who&s;e Order therein shal be final to each partie.</ITEM>
<ITEM>XIV. That the Iu&s;tices of peace at their open &s;e&s;&s;ions shall be, and are hereby enable and enjoined, to enquire after, hear, and deter|mine all Matters concerning any Charita|ble Gifts, for the making, amending, and keeping in repair any Common High waies, pavements, &s;treets, cau&s;eys, or Bridges, within the Limits of their Commi&s;&s;ion, as well where &s;pecial Vi&s;itors and Over&s;eers are appointed, as otherwi&s;e, and make Or|ders and Decrees for the due imployment of &s;uch Charitable Gifts according to the true intent of the Donors thereof.
<PB N="211" REF="7"> as fully as any Commi&s;&s;ioners for Charita|ble u&s;es may do; and in ca&s;e they &s;hall finde any wilful neglect or mi&s;imployment in any per&s;on or per&s;ons, bodie politick or cor|porate, in or concerning the &s;ame, the &s;aid Iu&s;tices &s;hall and may over and above the ordering and decreeing what &s;hall bee due and in arrear, with damage for not imploy|ing the &s;aid charitable gift according to the true intent thereof, impo&s;e a Fine, not ex|ceeding fourtie pounds, upon &s;uch as &s;hall bee found offendors therein; which Fine, in ca&s;e of refu&s;al to bee paid within fourtie daies of the demand made by Warrant from the Iu&s;tices, or any two of them, &s;hall bee Levied by Warrant from the &s;aid Iu&s;tices, by Di&s;tre&s;s and Sale of the offenders goods, and being Levied, &s;hall by the care of the &s;aid Iu&s;tices bee imployed for the mending and repairing the &s;aid Highwayes, Pave|ments, Streets, Bridges, or Cau&s;ies re&s;pe|ctively; And &s;uch order as the &s;aid Iu&s;tices &s;hall make in the premi&s;&s;es, &s;hall bee final without further appeal.</ITEM>
<ITEM>XV. That Streets and Pavements in any Citie, Town-Corporate, or the Suburbs thereof, or near adjoyning to the &s;ame, are hereby declared to bee Common Highwayes, and Scavengers to bee Surveyors, within the intent and con&s;truction of this Ordi|nance, and within all Laws in force concer|ning Highwayes, and in every Pari&s;h and
<PB N="212" REF="8"> place where Pavements and Streets are, they &s;hall bee Paved and kept in good repair, and clean&s;ed for the conveniencie and health of the Inhabitants; And where any of the Provi&s;ions afore-mentioned, or any other Laws now in force concerning Highwayes, Streets or Pavements, &s;hall not bee found &s;ufficient to reform the great defects of Pavements and Water-cour&s;es, and in re|moving of filth and other nu&s;ances in &s;uch Streets and places; it &s;hall and may bee lawful to and for the Inhabitants of any &s;uch Pari&s;h rated to the poor, to meet toge|ther at the time hereby appointed, for choice of Surveyors, or Scavengers; at which time, or as often as the &s;aid Inhabitants &s;hall plea&s;, they &s;hall &s;et down and make &s;uch rea&s;onable by-laws and orders, for the rating and taxing the &s;everal Inhabi|tants of the &s;aid Pari&s;h, being occupiers of any Hou&s;es, Lands, Tenements, or Here|ditaments, or having any Stock or Trade or otherwi&s;e, being of &s;ufficient abilitie for reforming the defects in Paving and clean|&s;ing the Streets, and cau&s;ing the Channels and Water-cour&s;es to run freely, and for keeping the &s;ame in good order, and for a&s;|&s;e&s;&s;ing and impo&s;ing rea&s;onable penalties upon offendors, and for Levying of the &s;aid &s;everal &s;ums by Warrant of any Iu&s;tice of Peace, within the limits of his Commi&s;&s;ion, by di&s;tre&s;s and &s;ale of the offendors goods, and for imploying the &s;ame, and reforming the neglect of Scavengers and Inhabi|tants in any the premi&s;&s;es, as they &s;hall think fit; which Orders &s;o make, being pre|&s;ented
<PB N="213" REF="8"> unto, and allowed, or altered by the Iu&s;tices of Peace at their open Se&s;&s;ions, &s;hall bee duly ob&s;erved and put in execution, according to the allowance or alteration of the &s;aid Iu&s;tices of Peace, and bee final to all parties.</ITEM>
<ITEM>XVI. That all &s;ums of money A&s;&s;e&s;&s;ed and Rated as afore&s;aid, and all fines, penal|ties, forfeiture, and other &s;ums of money ari&s;ing by A&s;&s;e&s;ment or otherwi&s;e, by this Ordinance, or by any other Law now in force, touching Highwayes and Streets, and all I&s;&s;ues to bee forfeited for not ap|pearing to any Information or Indict|ment, for not repairing any Highwayes, or not remooving or reforming defects and Nu&s;ances in any Streets or Highwayes; And all Fines or Amercements, to bee im|po&s;ed upon any Pari&s;h or private per&s;on, for not repairing Highwayes, Streets or Water-cour&s;es, &s;hall bee imployed and be|&s;towed by the &s;aid Surveyors of Highways, in paying Workmen's Wages for doing &s;uch works, and for &s;uch other imployment as are hereby appointed to bee don and per|formed, and &s;hall be Levied by virtue of this Ordinance by the &s;aid Surveyors of Highwayes, or any of them, by Warrant from any Iu&s;tice of Peace within the Coun|tie, Riding, Citie, Town-Corporate, or limit of his Commi&s;&s;ion, by Di&s;tre&s;s and Sale of the goods of &s;uch per&s;on as &s;hall bee &s;o behinde, or chargeable with any &s;uch &s;um;
<PB N="214" REF="9"> and for default of &s;uch di&s;tre&s;s or non-pay|ment of the money by the &s;pace of ten days after demand thereof made or left at his hou&s; in Writeing under the hand of the &s;aid Surveyors, or either of them, the partie &s;o in arrear, &s;hall bee by Warrant from any Iu&s;tice of Peace within the &s;aid Divi&s;ion, committed to pri&s;on to the Common-Goal of the Countie, there to remain without Bail or Mainpri&s;e, till hee have paid double what &s;hall bee &s;o in arrear, and charged upon him to pay, together with the charges incurred to parties pro&s;ecuting by &s;uch default.</ITEM>
<ITEM>XVII. That if any &s;uit &s;hall bee commen&s;ed by any per&s;on again&s;t any Con&s;table or Sur|veyors of Highwayes, or again&s;t any per|&s;on imployed by them, or any of them, or au|thorized by this Ordinance, to do or perform, as by this Ordinance is directed, for doing and performing as afore&s;aid; that then in every &s;uch ca&s;e, the Action &s;hall bee laid in the proper County where the fact was don, and not el&s;where; and the Defendant may plead the general I&s;&s;ue to it, and give the &s;pecial matter in evidence at the Trial, That what was don, was don in pur&s;uance of this Ordinance; and if upon examination it &s;hall &s;o appear to bee don, then the Iurie &s;hall finde for the Defendant: And in &s;uch ca&s;e, as al&s;o if the Plantiff &s;hall bee non|&s;uit, or di&s;continue his Action after the De|fendant hath appeared, the Defendant &s;hall have his full co&s;ts, which upon Oath hee
<PB N="215" REF="9"> &s;hall make appear to the Iudge before whom the Trial or di&s;continuance is had, hee hath laid out in defence of &s;uch &s;uit, and al&s;o ten pounds more, in regard of his un|ju&s;t trouble and vexation, taxed by the Court, again&s;t &s;uch Plantiff.</ITEM>
<ITEM>XVIII. That every Surveyor elected or hereby appointed as afore&s;aid, &s;hall yearly within one moneth after the expiration of the year, wherein hee was &s;o Surveyor, make &amp; yield up to the Pari&s;hioners of the Pari&s;h, a true and perfect account in writing, at &s;om pub|lick meeting to bee appointed by the Pari&s;h, of all the moneys hee hath received or paid out within his year, for or by rea&s;on of his &s;aid office; namely, of whom, and what re|ceived, and to whom, and what paid; and if any overplus do remain in his hands, hee &s;hall pay the &s;ame over to the next Survey|ors then in beeing, for the u&s;e of the &s;aid Pa|ri&s;h, to bee disbur&s;ed in and about the High|wayes: And if &s;uch Surveyors, &s;hall refu&s;e or neglect to make &s;uch account or repay|ment as afore&s;aid, that then it &s;hall bee law|ful to and for any Iu&s;tice of Peace with|in the Countie, Riding, Citie, Town-Cor|porate, or limit where the Pari&s;h lie's, to examin the Account, and upon default found on the Surveyor's part, to commit &s;uch Surveyor to the Common-Goal of the Countie, there to remain without Bayl or Mainpri&s;e, until hee &s;hall make &s;uch Ac|count, and payment as afore&s;aid, together
<PB N="216" REF="10"> with &s;uch &s;atisfaction for the damage which the &s;aid Pari&s;hioners have &s;u&s;tained, by rea|&s;on of &s;uch neglect, as any &s;uch Iu&s;tice of Peace &s;hall adjudg rea&s;onable; But if the &s;aid Iu&s;tice &s;hall finde &s;uch Account to bee clear and good, then hee is to allow the &s;ame, and &s;uch Surveyor is not afterwards to bee que&s;tioned or troubled thereabouts: Provi|ded always, that this Ordinance, nor any thing therein conteined, &s;hall not extend to di&s;charge any per&s;on or per&s;ons, body-poli|tick or corporate, from repairing or reform|ing any the defects and abu&s;es, as afore&s;aid, which by any Grant, Tenure, Pre&s;cription, Limitation or Appointment, of any Chari|table Gifts, they are bound and charged to repair and reform, nor to alter or make void any Law or Cu&s;tom now in force, or u&s;ed for the inforcing and con&s;treining the &s;aid per&s;ons and bodies-politick, aforemen|tioned, to perform and do their duties, in re|pairing &s;uch Highwaies and Bridges as afore&s;aid. And it is the true intent and meaning of this Ordinance, that no Sur|veyors, for amendment of Highwaies, &s;hall bee cho&s;en at any other time, or otherwi&s;e then by this Ordinance is directed. And it is further Ordeined, by the Authority afore&s;aid, That no Writ of Certiorari, &s;hall i&s;&s;ue or bee allowed to remove any Information, In|dictment, Pre&s;entment, or other proceed|ings, within this Ordinance, or within any Law now in force, concerning Highwayes, Cau&s;ies, or Bridges, except it bee upon &s;om que&s;tion and controver&s;ie, betwixt Countie and Countie.</ITEM>
</LIST></P>
<PB N="217" REF="10">
<P>And it is la&s;tly Ordained, by the Autho|ritie afore&s;aid, That one Act made in the fir&s;t year of the Reign of the late Queen <HI>Mary,</HI> for, and concerning the making, repairing, and amendment of the Common-Highway and Cau&s;ie, in the Counties of <HI>Dor&s;et</HI> and <HI>Somer&s;et,</HI> between the Towns of <HI>Shaftsburie</HI> and <HI>Shirborne,</HI> in the &s;aid Countie of <HI>Dor&s;et,</HI> Intituled, <HI>An Act to Repair Shirborn-Cau&s;ie, in the Counties of Dor&s;et and Somer&s;et,</HI> from hence|forth &s;hall bee revived and &s;tand in force, until the fir&s;t of <HI>September, 1662.</HI></P>
</DIV1>
<DIV1 TYPE="license">
<OPENER><DATELINE><DATE>Friday the 31 <HI>March,</HI> 1654.</DATE></DATELINE></OPENER>
<P>ORdered by His Highne&s;s the <HI>Lord PROTECTOR</HI> and His Council, that this Ordinance bee forthwith Printed and Publi&s;hed.</P>
<CLOSER><SIGNED>HEN. SCOBEL, Clerk of the Council.</SIGNED></CLOSER>
</DIV1>
</BODY>
<BACK>
<DIV1 TYPE="colophon">
<P><HI>LONDON,</HI> Printed, by <HI>William Du-Gard,</HI> and <HI>Henry Hills,</HI> Printers to His Highne&s;s the Lord Protector. 1654.</P>
</DIV1>
</BACK>
</TEXT>
</EEBO>
</ETS>
