AN ORDINANCE FOR Better Amending AND Keeping in Repair THE COMMON HIGHWAYS WITHIN THIS NATION.   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 

Friday March 31. 1654.  
ORdered by His Highness the Lord Protector, and his Council, That this Ordinance be forthwith printed and published.  
HENRY SCOBELL Clerk of the Council   
London, Printed by William dugard and Henry Hills, Printers to His Highness the Lord Protector, 1654.   

 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  
AN ORDINANCE For better amending and keeping in repair THE Common Highways within this NATION.  
WHereas the several Statutes now in force for mending Highways are found by experience not to have produced such Good Reformation as was thereby intended, Therefore, and to the end more effectual Remedies may be provided, Be it ordained by His Highness the Lord Protector, by and with the advice and consent of his Council, 

I. That in every Parish within this Nation of England and Wales, there be two or more (according to the Greatness of the Parish) able and sufficient Householders inhabiting in such Parish, and severally holding Lands there of the yearly value of twenty pounds or more, in occupation, or such others as shall be worth one hundred pounds in personal Estate, elected and chosen, upon the first Tuesday next ensuing the five and twentieth day of March, yearly, to be Surveyors of the Highways within their Respective Parishes for the year ensuing.  
II. That if it shall fall out that no such Surveyors shall be chosen, as aforesaid, within any such Parish, that then in such case the Parishioners of every such Parish shall forfeit twenty pounds to be levied upon the most Substantial Inhabitants thereof, who are to have contribution from all the rest of the Inhabitants of the said Parish who are taxable hereby for repair of the said Highways; and in case of difference in rating, the same to be ordered and settled by the justices of the Peace of the said County, City or Town Corporate, where such Parish lies, or any two of them; and in such case where no such election of Surveyors shall be made as aforesaid, the then Overseers for the Poor of that Parish are hereby appointed to be Surveyors of the said Surveyors of the said Highways within such Parish, for the year ensuing.  
III. That every Person being elected, or hereby appointed to be Surveyors of Highways, as aforesaid, shall undertake the Office, and shall within ten days after such his Election, or being appointed, as aforesaid, procure himself to be sworn before some justice of Peace of the County, Riding, City, or Town Corporate, or Limit, within which his Parish doth lie, diligently and faithfully to execute the office of Surveyor of Highways within his Parish for the year then ensuing, and faithfully to account for all moneys which shall come to his hands by virtue of his said Office, which oath every justice of Peace is hereby empowered and authorized to administer, within the Limits of his Commission, accordingly. And if any such person so elected, or hereby appointed, shall refuse to accept of his said Office, and to procure himself to be sworn as aforesaid, that then every person so failing shall forfeit for the same the sum of ten pounds.  
iv That every Surveyor of High ways, having accepted the Office, and being Sworn as aforesaid, shall diligently apply himself to the duty and Execution of his Office, and shall within ten days after his Oath taken, view all the Common and Public Highways and Roads, where Carts and Carriages usually pass, and all Common Bridges belonging to the said Parish, to repair, and all Watercourses, as also all Streets, and pavements, and Common Nuisances in the said Ways and Streets, within their respective Parishes; And shall consider what Reparations will be needful to be made, and what sums of money will be requisite and necessary to be raised within the Parish for amending and repairing the same, upon pain of forfeiting twenty shillings a piece for neglect of such view.  
V That the said Surveyors do, within six days after such view, give public notice in the Church or Chapel to the Parishioners to meet to make an Assessment for repairing the said Highways & streets, for making & repairing of pavements, and for cleansing the said Streets and pavements, from time to time, and for what else shall be requisite for the purposes aforesaid, and thereupon a Rate or Tax in writing, within three days after such notice, shall be laid by the said Inhabitants present at such meeting, or the greater number of them, by a pound Rate, upon all the several Occupiers of Houses, Lands, Tithes, Cole mines, fellable Woods, Tenements or Hereditaments, within the Parish, according to the true yearly value of the same, and also upon the dead Goods, Commodities or Stock in Trade of every particular Parishioner charged to pay to the poor, rating every twenty pounds value of such Goods, equal to every twenty shillings Land by year; And such further Rate to be afterward, and oftener made, as occasion shall require, so as all the Rates together do not exceed twelve pence in the pound for any one Parish in any one year.  
VI That if such Parishioners, or the greater number of them, shall not agree among themselves to make such Rate within two days after such meeting, that then the said Surveyors of Highways themselves shall make a Rate in writing according to the direction aforesaid, and such Rate as the said Parishioners or Surveyors respectively shall so make, being confirmed by one justice of peace, shall stand, until upon complaint and proof of some Irregularity or Inequality therein, to the justices of Peace at the Sessions, the Bench of justices, or any two of them then present shall see cause to alter the same; And if the said justices shall find cause to alter it, than the said Rate, with such alteration as they shall make, shall stand without any further Appeal.  
VII. That in case where Common Nuisances are in Highways, or where such Common Highways in any Parish are straightened by reason of enclosures made within twenty years, either by Hedges, Ditches, Walls, or the like, or where Ditches or Water courses adjoining upon such Highways, or which do lead the water from such Highways are not scoured and dressed, or where any pavements are defective, or any Nuisances by filth or otherwise are in any paved Streets, the said Surveyors shall see that the same be reform, and the Offenders in any of the premises punished according to Law, by Information or Indictments, deducting for the charge of prosecution out of the moneys collected; and the said Parishioners or Surveyors of Highways respectively are hereby empowered in such case also to impose and levy over and above the twelve pence in the pound , such greater Taxes and Rates upon the Occupiers of those Lands where such Enclosures, or Undressed Ditches or Fences be, as they shall respectively think fit, having the same Rates allowed by the Sessions of the peace, or the two next justices of peace, as aforesaid, which shall be final to the parties.  
VIII. That if any Parishioners rated to the mending of Highways as aforesaid, shall fail to pay to the said Surveyors of Highways his proportion of Tax rated upon him, by the space of seven days after public notice and warning given for payment thereof, That then every such Parishioner failing shall pay double as much as he is rated at in the Tax.  
IX. That for more effectual mending the said Highways, and parish-Bridges, and Streets, & for removing public Nuisances out of the same, The Surveyors aforementioned shall yearly at such convenient times as they shall agree upon, hire such, and so many Labourers and Workmen, and Carts and Carriages, as they shall think needful for mending the said Highways, parish-Bridges, and Watercourses, and Streets, and shall cause them to be fully and perfeccly mended from time to time, and such Workmen and Owners of Carts and Carriages are hereby required to work accordingly, for such reasonable Wages, and under such penalty, as any two justices of peace within the Division shall think fit.  
X. That in places where Ditches adjoining to common Highways, or serving to lead the water from such Highways, are or shall be undressed or unscoured, or where water doth run into or stand in any such Highways, to the annoyance of it, or where Trees, Bushes, or Hedges, standing in Highways, or adjoining to High ways, are suffered to grow up, and to hinder and obscure it from the power of the Sun for drying thereof, The said Surveyors are hereby empowered in all such respective places to cause such Ditches to be dressed and scoured, and to stop and divert any such watercourse, and to turn the water into any adjoining Ditch, or to make new Ditches in convenient places through the Grounds adjoining, for the most convenient conveying such water, as also to cut, plash, and keep low all such Trees, Bushes, and Hedges, as they shall see cause.  
XI. That the said Surveyors be & are hereby empowered further to dig for and get Stones, Gravel, Sand, Sinder, Chalk, or any other material fit for mending High ways in or upon any the waist or common Grounds within the Parish, or if they cannot there be conveniently had, in and upon any private man's Pasture or fallow Ground where it may be had, within the Parish, or in any other near adjoining Parish, with convenient way for sending the same at such seasonable times, and for such reasonable satisfaction and composition to such private person as the said Surveyors and Occupiers of such Land shall agree upon, and in case of disagreement betwixt them, then for such satisfaction as any justice of Peace near adjoining, not interessed in such Ground, to be indifferently chosen by the parties, shall set down and appoint, and such Order as the said justices of Peace shall set down shall be final to the parties, without further appeal.  
XII. That in case where the said common Highways and streets are or shall be so defective, or shall extend in so great length in any one Parish as that the parish is overburdened therewith, and the Rate of twelvepences in the pound before mentioned will not suffice to amend and repair the same, the justices of Peace, at their open Sessions, are hereby empowered from time to time to rate such other parishes within the Limits of their Commission, whose Rate for mending Highways according to the true yearly value of the Land shall not amount to twelve pence in the pound as aforesaid, as the said justice shall think fit, till the Rate amount to twelvepences in the pound, towards the mending of the Highways and streets in such parishes as they shall find to be so overburdened.  
XIII. That if any Wagons, Carts, or Carriages, wherein any Burdens of dead Commodities or Wares shall at any time from and after the first day of M●y next be drawn upon any such Highways, Roads, or streets with above five horses or Mares, or six Oxen and one horse or Mare, in any one Cart or Wagon, that then it shall be lawful to or for any Constable or Surveyor of Highways, or other Inhabitant in any parish where such loaden Wagon, Cart, or Carriage shall pass, and be drawn as aforesaid, to distrain and seize all such supernumerary horses, Mares, or Oxen, as he shall find in any such Wagon, Cart, or Carriage, over and above the number of five horses or Mares, or six Oxen and one horse or Mare respectively, & the same supernumerary Horses, Oxen and Mares respectively, to detain and keep until such Owner or Driver have paid and answered into the hands of the surveyors of Highways within the parish where such Distress and seizure shall be made, or one of them, the sum of twenty shillings for every such supernumerary Horse Mare, or Ox; And if such penalty be not paid within seven days after such Distress or seizure, together with full satisfaction for keeping the Beasts and Cattle distrained, and other Charges thereabouts in the mean time, that then it shall be lawful for such surveyors of High ways to sell such Horses, Mares, or Oxen so seized, and to retain out of the price the said twenty shillings and charges, returning the overplus to the party. And in case any difference happen about the same, the Next justice of Peace shall determine the same, whose Order therein shall be final to each party.  
XIV. That the justices of peace at their open sessions shall be, and are hereby enable and enjoined, to inquire after, hear, and determine all Matters concerning any Charitable Gifts, for the making, amending, and keeping in repair any Common High ways, pavements, streets, causeys, or Bridges, within the Limits of their Commission, as well where special Visitors and Overseers are appointed, as otherwise, and make Orders and Decrees for the due employment of such Charitable Gifts according to the true intent of the Donors thereof. as fully as any Commissioners for Charitable uses may do; and in case they shall find any wilful neglect or misimployment in any person or persons, body politic or corporate, in or concerning the same, the said justices shall and may over and above the ordering and decreeing what shall be due and in arrear, with damage for not employing the said charitable gift according to the true intent thereof, impose a Fine, not exceeding forty pounds, upon such as shall be found offenders therein; which Fine, in case of refusal to be paid within forty days of the demand made by Warrant from the justices, or any two of them, shall be Levied by Warrant from the said justices, by Distress and Sale of the offender's goods, and being Levied, shall by the care of the said justices be employed for the mending and repairing the said Highways, Pavements, Streets, Bridges, or Causies respectively; And such order as the said justices shall make in the premises, shall be final without further appeal.  
XV. That Streets and Pavements in any City, Town-Corporate, or the Suburbs thereof, or near adjoining to the same, are hereby declared to be Common Highways, and Scavengers to be Surveyors, within the intent and construction of this Ordinance, and within all Laws in force concerning Highways, and in every Parish and place where Pavements and Streets are, they shall be Paved and kept in good repair, and cleansed for the conveniency and health of the Inhabitants; And where any of the Provisions , or any other Laws now in force concerning Highways, Streets or Pavements, shall not be found sufficient to reform the great defects of Pavements and Watercourses, and in removing of filth and other nuisances in such Streets and places; it shall and may be lawful to and for the Inhabitants of any such Parish rated to the poor, to meet together at the time hereby appointed, for choice of Surveyors, or Scavengers; at which time, or as often as the said Inhabitants shall pleas, they shall set down and make such reasonable by-laws and orders, for the rating and taxing the several Inhabitants of the said Parish, being occupiers of any Houses, Lands, Tenements, or Hereditaments, or having any Stock or Trade or otherwise, being of sufficient ability for reforming the defects in Paving and cleansing the Streets, and causing the Channels and Watercourses to run freely, and for keeping the same in good order, and for assessing and imposing reasonable penalties upon offenders, and for Levying of the said several sums by Warrant of any justice of Peace, within the limits of his Commission, by distress and sale of the offenders goods, and for employing the same, and reforming the neglect of Scavengers and Inhabitants in any the premises, as they shall think fit; which Orders so make, being presented unto, and allowed, or altered by the justices of Peace at their open Sessions, shall be duly observed and put in execution, according to the allowance or alteration of the said justices of Peace, and be final to all parties.  
XVI. That all sums of money Assessed and Rated as aforesaid, and all fines, penalties, forfeiture, and other sums of money arising by Assessment or otherwise, by this Ordinance, or by any other Law now in force, touching Highways and Streets, and all Issues to be forfeited for not appearing to any Information or Indictment, for not repairing any Highways, or not removing or reforming defects and Nuisances in any Streets or Highways; And all Fines or Amercements, to be imposed upon any Parish or private person, for not repairing Highways, Streets or Watercourses, shall be employed and bestowed by the said Surveyors of Highways, in paying Workman's Wages for doing such works, and for such other employment as are hereby appointed to be done and performed, and shall be Levied by virtue of this Ordinance by the said Surveyors of Highways, or any of them, by Warrant from any justice of Peace within the County, Riding, City, Town-Corporate, or limit of his Commission, by Distress and Sale of the goods of such person as shall be so behind, or chargeable with any such sum; and for default of such distress or nonpayment of the money by the space of ten days after demand thereof made or left at his house in Writing under the hand of the said Surveyors, or either of them, the party so in arrear, shall be by Warrant from any justice of Peace within the said Division, committed to prison to the Common-Goal of the County, there to remain without Bail or Mainprize, till he have paid double what shall be so in arrear, and charged upon him to pay, together with the charges incurred to party's prosecuting by such default.  
XVII. That if any suit shall be commenced by any person against any Constable or Surveyors of Highways, or against any person employed by them, or any of them, or authorized by this Ordinance, to do or perform, as by this Ordinance is directed, for doing and performing as aforesaid; that then in every such case, the Action shall be laid in the proper County where the fact was done, and not elsewhere; and the Defendant may plead the general Issue to it, and give the special matter in evidence at the Trial, That what was done, was done in pursuance of this Ordinance; and if upon examination it shall so appear to be done, than the jury shall find for the Defendant: And in such case, as also if the Plaintiff shall be nonsuit, or discontinue his Action after the Defendant hath appeared, the Defendant shall have his full costs, which upon Oath he shall make appear to the judge before whom the Trial or discontinuance is had, he hath laid out in defence of such suit, and also ten pounds more, in regard of his unjust trouble and vexation, taxed by the Court, against such Plaintiff.  
XVIII. That every Surveyor elected or hereby appointed as aforesaid, shall yearly within one month after the expiration of the year, wherein he was so Surveyor, make & yield up to the Parishioners of the Parish, a true and perfect account in writing, at some public meeting to be appointed by the Parish, of all the moneys he hath received or paid out within his year, for or by reason of his said office; namely, of whom, and what received, and to whom, and what paid; and if any overplus do remain in his hands, he shall pay the same over to the next Surveyors then in being, for the use of the said Parish, to be disbursed in and about the Highways: And if such Surveyors, shall refuse or neglect to make such account or repayment as aforesaid, that then it shall be lawful to and for any justice of Peace within the County, Riding, City, Town-Corporate, or limit where the Parish lies, to examine the Account, and upon default found on the Surveyor's part, to commit such Surveyor to the Common-Goal of the County, there to remain without Bail or Mainprize, until he shall make such Account, and payment as aforesaid, together with such satisfaction for the damage which the said Parishioners have sustained, by reason of such neglect, as any such justice of Peace shall adjudge reasonable; But if the said justice shall find such Account to be clear and good, than he is to allow the same, and such Surveyor is not afterwards to be questioned or troubled thereabouts: Provided always, that this Ordinance, nor any thing therein contained, shall not extend to discharge any person or persons, body-politick or corporate, from repairing or reforming any the defects and abuses, as aforesaid, which by any Grant, Tenure, Prescription, Limitation or Appointment, of any Charitable Gifts, they are bound and charged to repair and reform, nor to alter or make void any Law or Custom now in force, or used for the enforcing and constreining the said persons and bodies-politic, aforementioned, to perform and do their duties, in repairing such Highways and Bridges as aforesaid. And it is the true intent and meaning of this Ordinance, that no Surveyors, for amendment of Highways, shall be chosen at any other time, or otherwise then by this Ordinance is directed. And it is further Ordained, by the Authority aforesaid, That no Writ of Certiorari, shall issue or be allowed to remove any Information, Indictment, Presentment, or other proceed, within this Ordinance, or within any Law now in force, concerning Highways, Causies, or Bridges, except it be upon some question and controversy, betwixt County and County.    
And it is lastly Ordained, by the Authority aforesaid, That one Act made in the first year of the Reign of the late Queen Mary, for, and concerning the making, repairing, and amendment of the Common-Highway and Causey, in the Counties of Dorset and Somerset, between the Towns of Shaftsburie and Shirborne, in the said County of Dorset, Entitled, An Act to Repair Shirborn-Causie, in the Counties of Dorset and Somerset, from henceforth shall be revived and stand in force, until the first of September, 1662.   

Friday the 31 March, 1654.  
ORdered by His Highness the Lord PROTECTOR and His Council, that this Ordinance be forthwith Printed and Published.  
HEN. SCOBEL, Clerk of the Council.   

LONDON, Printed, by William Dugard, and Henry Hills, Printers to His Highness the Lord Protector. 1654.