Page:Ruffhead - The Statutes at Large - vol 3.djvu/525

 A.D. 169^' Anno tertio GuLiELMi 5c Mari^. C. 1 2. 477 tion at the Charge of the faid Parifh, but by Authority tinder the Hand of one Juftice of Peace reriding'^^'=n<=^iy^-°'« ithin fuch Parifh, or (if none be there dwelling) in the Parrs near or next adjoining, or by Order of tht;^"^V^^'j^,_|^ jufticcs in their reipedive Quartcr-Scffions, except in Cafes of peftilential Difeafcs, Plague, or Small-pox,,cxcLpt hyO.dcr tor and in refpcd of fuch Families only as are or fhall be thercM ith infefted. of juftice of " " . « - .,„,,. n . „ ^^. ['roviC- 3eo. ' XII. And whereas many Churchwardens and Overfeers of the Poor, and other Perfon.s intrufted toP^'*'-''. ^'■•• ' receive CoUeftions for the Poor, and other publick Monies relating to the Churches and Parifhes v.'here~^"'^^"'J'" ' unto they do belong, do often mifpend the faid Monies, and take the fame to their own Ufe, to the|,'^,'^(o^ 9 Ceo ''great Prejudice of iuch Paiiihes, and the Poor, and other Inhabitants thereof; and becaufe that manvi. c. 7. §. 1. ' Times the Judges, w:-.en AiStions are brought againfl: fuch Churchwardens and Overfeers, to recover the ' Monies fo mifpent, taken, or mi:applied by the Perfons aforefaid, refufe to admit the Parifhioners to be ' VVitneffes in iuch Cafes, who arc the only Peribns that can make Proof thereof :' Wherefore to prevent P^pfh'onerj, allfuch evil and deceitful Pradices of Churchwardens, and Overfeers, and other Perfons, Be it ena6i:ed ^"^'^"P^^ "'Jj declared, That in all Actions to be brought in their Majefties Courts of llecord at JVeJlnunJlcr, or at the];^,•,Je„Je ngalnU- Afii7.es, for the Recovery of any Sum or bums of Money fo mifpent or taken by Churchwardens or Over-churclnv.rrtchi, feers of the Poor, the hvidence of the Parifliioners, or any of them, other than of fuch as receive Alms&c of their the or any Penfion or Gift out of fuch Colkaions or publick 'Monies of fuch Parifh or Paridics refpeaively j^^fp^-^J'^""^-,"]' vhereof the Defendant or Defendants is or are Inhabitant or Inhabitants, fliall be taken and admitted '^'^ y°y,]ZvnvifKni all fuch Cafes in the Courts aforefaid ; any Cuftom, Rule, Order, or Ufage to the contrary notwith-„m«Mi,7 Vi.i:r,. ftanding. ^^F/'s^'j . "c. 9 iJ' 10 W. 3. c. II. 12 Ann. St. X, c. 18. 5 Geo. i. c, S. 9 (7eo. i. c. 7. a Geo. 2. c. 2S. 3 C«, 2, c. 29. 17 Ceo. 2. c, 3, J7j ® 'i''- "'"*■ 31 Cto. I. c. II. CAP. xn. An A(5l for the better repairing and amending the Highways, and for fettling the Rates of Carriage of Goods- ' TT7HEREAS the free and eafy Intercourfe and Means of conveying and carrying Goods and Mer- ' Vy chandizes from one Adarket-town to another, contributes very much to the Advancement oF ' Trade, Increafe of Wealth, and raifmg the Value of Lands, as well as to the Eafe and Convenience of ' the Subjeft in gentral ; for which Ends therefore divers good and necefTary Laws have been heretofore ' made for the enlarging, repairing, and amending the Highways and common Roads of this Kingdom : ' Notvvithftanding which Laws, the fame are not in many Parts fufficiently amended and repaired, but' ' remain almoft im.paffible ; all which is occalioned, not only by reafon of fome Ambiguities in the faid ' Laws, but by v/ant of a fuiHcient Provifion to compel the Execution of the feme ;' For Remedy v»-hereof : II. Be it enacSed by the King's and Queen's moft Excellent Majefties, by and with the Advice and AU Laws atout Confent of the Lords Spiritual and Temporal, and Comm.ons, in this prefent Parliament aHembled, and '^'E'^"p'^ '° * by the Authority of the fame. That all and every Law and Statute now in Force, for or touching the en-f"' '" '•^""' larging, repairing, or amending Highways and common Roads, and every Article and Thing in them con-i Haw. P. C. lained, and not herein and hereby altered or repealed, fliall be duly put in Execution, according to thee. 76. Tenour of the faid Laws, and under the Penalties therein contained, to be raifed, levied, and difpofed of, ^^^ ^- 3- 59- as in and by the faid Laws is direcSed. Buni,V. i. 555. III. And be it further enafted by the Authority aforefaid. That from henceforth, upon the fix and twen-Paiiffiioners an- tieth Day oi December in every Year, unlefs that Day fhall be Sunday, and then on the feven and twentieth, nually to mske- the Conftables, Headboroughs, Tythingmen, Churchwardens, Surveyor, or Surveyors of the Highways,^ ^'p °[ '"*" and Inhabitants in every ParilTi, fliall aflemble together, and the major Part of them as are fo aiiemblea ^' g^' f''ne,"^" fhall make a Lifl: of the Names of a competent Number of the Inhabitants in their Parifli, who have an cember, Eftate in Lands, Tenements, or Hereditaments, in their own Right or their Wives, of the Value of ten Pounds by the Year, or a perfonal Eltate of the Value of one hundred Pounds, or are Occupiers or Te- nants of Houfes, Lands, Tenements, or Hereditaments, of the Yearly Value of thirty Pounds, if any fuch there be, or if there be no fuch Perfons in the Parifh, then the faid Lift to be of the moft fufficient Inhabitants of fueh Parifh ; and fhall return fuch Lift unto two or more of the Juftices of the Peace in orLiHtolic returcr. Juftices are hereby authorized and required to hold a fpecial Seffions at fome Place within that Divifionhold a Seffions, where the Parifh lies, and to give Notice of the Time and Place where they intend to hold the fame, to™^'^^'^ ^'"^1 "'^^ the Conftables, Headboroughs, Tythingmen, Churchv/ardens, and Surveyors of the Highways of every""™"^'',^^"!^"^ Parifh within the faid Divifion,^at leaic ten Days before the holding of the faid Seffions; and the faid„eyors of tbe " Juftices {hall then and there, out of the faid Lifts, according to their Difcretion, and the Largenefs of theHighways, Parift), by Warrant under their Hands and Seals, nominate and appoint one, two, or more, as they fhall think fit and approve of, being of like Sufficiency as aforefaid, to be Surveyor or Surveyors of the High- ways of every Parifli within the.Diyifionj or for any Hamlet, Precind, Liberty, Tything, or. Town, of, and.