ΒΆ An Act for the amending of high ways. FOr amending of high ways being now both very noisome and tedious to travail in, and dangerous to all passengers, and carriages. Be it enacted by th'authority of this present parliament, that the constables and church wardens of every parish within this realm, shall yearly upon the twesdaye or wednesdaye in Easter week, call together a numbered of the parochians, and shall then elect and choose two honest persons of the parish, to be surveyors and orderers for one year, of the works for amendment of the high ways in their parish, leading to any market town, the which persons shall have authority by virtue hereof to order and direct the persons and carriages that shallbe appointed for those works by their discretions, and the said persons so named shall take upon them the execution of their said offices upon pain every of them making default to forfeit twenty shillings. And the said constables and churchwardens shall then also name and appoint four days for thamending of the said ways before the feast of the nativity of S. john Baptist than next following. And shall openly in the church the next sunday after Easter give knowledge of the same four days, and upon the said days the parochians shall endeavour themselves to the amending of the said ways, and shallbe chargeable thereunto as followeth, that is to say, every person for every plowlande in tillage or pasture, that he or she shall occupy in the same parish, and every other person keeping there a draft, or blow, shall find & send at every day & place to be appointed for the amending of the ways in that parish as is aforesaid, one wain or cart furnished after the custom of the country, with oxen, horses, or other cattle, and all other necessaries meet to carry things convenient for that purpose, and also able men with the same, upon pain of every draft making default ten shillings, and every other householder, & also every cottiger & labourer, of that parish able to labour & being no hired servant by the year, shall by themselves, or one sufficient labourer for every of them upon every of the said four days, work & travel in th'amendment of the said highways upon pain of every person making default to lose for every day xii pence. And if the carriages of the parish or any of them shall not be thought needful by the supervisors to be occupied upon any of the said days, that then every such person that should have sent any such carriage, shall send to the said work for every carriage so spared, two able men, there to labour for that day, upon pain to lose for every man not so sent to the said work, xii. pence. And every person and carriage above said, shall have and bring with them such shovels, spades, picks, mattocks, and other tolls, and instruments, as they do make their own ditches and fences withal, and such as be necessary for their said work. And all the said persons and carriages shall do and keep their work, as they shallbe appointed by the said supervisors, or one of them, eight hours of every of the said days, unless they shallbe otherwise licensed by the said supervisors, or one of them. And be it enacted by the authority aforesaid, that the Steward, and Stewards of every let and lawdaye, shall therein have full power and authority, to inquire by the oaths of the suitors of all and every th'offences that shallbe committed within the let or lawdaye, against every point, and article of this statute, and to assess such reasonable fines, and amerciaments for the same, as shallbe thought meet by the said Steward. And in default of such inquire, or presentment, the justices of peace of every place or county, shall have authority to inquire of the same offences, which shallbe committed within the limits of their commission at every their quarter sessions, and to assess such fines therefore, as they or two of them, whereof one to be of the Quorum, shall think meet. And the stuward of every let & law-day shall make estreats indented of all the fines, forfeitures, and amerciaments, for the defaults presented before him, & shall deliver th'one part thereof, sealed and signed by him to the bailiff or high constable of every hundred rape, lath, or wapentake, wherein the defaults shall be presented, and tother half to the constable and churchwardens of the parish, wherein the defaults was made, the same to be yearly delivered within six weeks after the feast of S. Michael th'archangel, and the clerk of the peace shall make the like estreats indented of the fines, forfeitures, and amerciaments for the defaults presented before the justices of peace and shall seal, subscribe and deliver the same, in like sort as is aforesaid, the which estreats & every of them, shallbe a sufficient warrant to the said bailiff or chief constable, to levy the said amerciaments, fines, and forfeitures, by way of distress. And if no sufficient distress can be found by the said bailiff or head constable, or if the said offender shall obstinately refuse to pay the said amerciament, fine, or forfeiture, and do not pay the same within twenty days after a lawful demand of the same by the said officer, that then every such person to forfeit the double somme that he should before have paid. And be it further enacted, that every of the said bailiffs & head constables shall at the least once every year betwixt the first day of March & the last day of April, make a true account and payment of all such sums of money (to the constable & churchwardens of every parish wherein the offences was committed or to two of them) as he shall have collected upon any of the aforesaid estreats, upon pain to forfeit for every time he shall not so do xl shillings. And be it enacted by th'authority aforesaid, that all fines, amerciaments, and forfeitures, which shallbe dew for any offence against the purvey of this statute, shallbe to the churchwardens of every parish wherein thoffences shallbe committed, to be bestowed of the highways in the said parishes, and the said churchwardens shall have authority to call the said bailiff and headconstable to account before the justices of peace or two of them, whereof one to be of the Quorum, by bill, infourmation or otherwise. The which justices shall have authority to take the said account, and to commit the said baillife or headconstable to prison there to remain until he shall pay all such arrearages as shallbe adjudged by the said justices, and every of the said bailiffs & headconstables upon their accounts shall have allowed for every pound he shall collect and pay, viii. pence for his own pains, and xii pence for the fees of the clerk of the peace or steward of the let for thestreates indented of every several parish that they shall deliver as is aforesaid, & the successors of every churchwardens shall have the like action of account against their predecessors as is before appointed against the bailiffs. This act to continue for seven years next after the beginning of this parliament. And to the end of the next parliament than next following. God save the King and the Queen. EXCUSUM LONDINI IN AEDIBUS JOHANNIS CAWODI TYPOGRAPHI REGIAE MAIESTATIS. Anno. M.D.LU Cum privilegio ad imprimendum solum.