858 HIGH 
mon-law: and, when the ftatute work is not fufficient, 
further rates and afleflments are to be made. Balt. c. 26. 
The ftatute-law for the permanent maintenance ot 
the king’s highways throughout the kingdom is briefly 
as follows: By Jlat. 13 Gfo. III. c. 78, which repeals and 
confolidates the provilions of all former ftatutes on this 
fiibjedi, occupiers of land of 50I. a-year, keeping a team 
of three horfes, (hall fend the fame, and two men, to do 
ftatute-duty for fix days in every year.—And fo tor 
another fix days in every year for every further 50I. a- 
year.—So alfo every perfon who fhall occupy 50I. in any 
other pari 111 than where he refides.—Every perfon occu¬ 
pying 56I. a-year, but not keeping a team, (hail fend a 
team ; a perfon not keeping a team, but occupying un¬ 
der 50U a-year, either where he does or does not refide, 
to pay the furveyOr in lieu of duty for every 20s. a-year 
id. for every day’sduty.—A perfon keeping a team, and 
not occupying 30I. a-year, (hall only fend one man with 
the team. The livings of the clergy are alfo liable as 
other eflates. Wanf. 40: 27^.784. 
Whoever (hall keep a cart and horfe, and not a team, 
{hall fend the fame, and one labourer, or pay.the com- 
portion, at the'option of the furveyor.—Perfons above 
18, and under 60, not occupying 4I. a year, not being 
apprentices or menial fervants, if they have not other- 
wife performed or commuted, (hall, by themfelves or 
deputy, perform the fix days’ duty.—A perfon keeping 
a coach or carriage and no team, and not ocupying 50I. 
a-year, (itall pay is. a-day for each horfe, or the compo- 
fition before mentioned, at the option of the furveyor. 
— If the carriages required are not neceffary, the owners 
fhall fend three men, or pay 4s. 6d.—The labourers 
(hall furnifh themfelves with proper inftruments for the 
ftatute-labour; and fliall, with the teams, See. work 
eight hours a-day.—If perfons do not fend a fufficient 
labourer befides the driver, or if the labourers difobey 
the furveyor, he may difeharge them, and recover the 
forfeiture againfl the mafler, as he might in cafe none 
had been fent .at all.—A (land-cart and one horfe to be 
reckoned half a team; a cart and two horfes as two- 
thirds.—And if the duty require it, the furveyor may 
order it to be performed with a waggon. 
The furveyor fliall give four days’ notice to the occu¬ 
piers, See. of the ftatute-duty required, and the days 
when. Perfons making default in fending the team and 
men, to forfeit 10s.—in fending cart, horfe, and man, 3s. 
_in fending cart, horfe, and two men, 5s.—in fending a 
labourer, is. 6d.—The forfeitures to be applied to the 
highways; the furveyor to be impartial. 
The flatute-duty may be compounded for, as the juf- 
tices (hall direct, at the rate of 4s. 6d. for a team; 2s. for 
a cart and horfe; 3s. for a cart and two horfes; and 
4d. for a day’s perfonal labour-. If a neceflity ftiould 
arife in any particular place, the juftices may fuperfede 
the liberty of compounding, and order the flatute-duty 
to be performed in kind; and lots fliall be drawn which 
of the inhabitants fliall fo perform it. Where a draught 
or plough is kept, and no carriage, is. Thai 1 be paid for 
every horfe, or pair of oxen. But the inhabitants may 
appoint three feparate months in the year for feed-time, 
hay and corn-harveft, in which no flatute-duty (hall be 
performed. . 
By flat. 30 Geo. II. c. 25, perfons ferving in the mi¬ 
litia are exempted from flatute-duty during their fervice. 
The performance of this flatute-duty is.no anfwer to an 
indictment for not repairing. Dalt. c. 26. The inhabi¬ 
tants of a parifli into which a road is turned by turnpike- 
truflees, are not bound to do ftatute-wOrk thereon. 
1 Black. 603. - . ... 
The fe(lions may order a rate not exceeding 6d. in the 
pound, to defray the expences of procuring materials, 
See. for the repairs. Slat. i 3 Geo. III. c. 78. find if 
the funds are exhatifted, and they and the labour ap¬ 
pointed by the a& are infufficient to keep the highways 
in fufficient repair, the feffions may caufe an equal afteif- 
3 
W A Y. 
ment for that purpofe; provided the faid rate of 6d. 
and this aflefTment do not exceed 9d. per pound. 
For the appointment of furveyors by the faid flat. 13 
Geo. III. c. 78, the officers and parifhioners (hall aflem- 
ble yearly on the 22d of September, at eleven in the 
morning, when the majority fliall make a lift of. ten 
parifhioners, each poflefling a real eftate of 10I. a-year 
or renting 3 ol. or worth iool. perfonally. If a fuffi¬ 
cient number of this defeription cannot be found, the 
deficiency fliall be fupplied by the moft able inhabitants. 
Within three days after, the conftable (hall fend a copy 
of the lift to the juftice of the divifion, and the original 
lift to the fpecial feffions after Michaelmas feffion; and 
give notice to the perfons named, to appear at the 
feffion, and accept the office of furveyor, (if appointed,) 
or fhow caufe to the contrary.—The juftices, at fuch' 
fpecial feffions fliall appoint one, two, or more, fur¬ 
veyors from the faid lilt, preferring fuch as are qualified ; 
which fliall be notified to the perfons chofen, who fliall 
be furveyors for themext year.—If any named in the lift 
refufe to ferve, they fliall forfeit 5I.—And the juftices 
may appoint inhabitants of the county living within 
three miles'of the parifh; who on refufal (hall forfeit 
50s.—A furveyor ferving one year may be exempt for 
the three following.—If no lift is returned, or the per¬ 
fon appointed refufes to ferve; two juftices at fpecial 
feffion may appoint a furveyor with a falary to be paid 
from the forfeitures, but not t© exceed one eighth of 
the 6d. rate.—The juftices may order the collector to 
return an account of the faid aflefTment_Officers ne- 
gle&ing their duty to forfeit 40s. 
By the faid flat. 13 Geo. III.c. 78, the furveyor fhall 
give ten days’ notice to the landholders next adjoining 
the road to cut and prune their hedges; and, upon de¬ 
fault, the juftices may order the fame to be done; and, 
if fuch order is not complied with in ten days, the 
furveyor fliall cut and prune at the expence of the 
owner of the land, who fliall pay over and above 2s. for 
every twenty-four feet of hedge, and 2s. for every tree. 
The landholder fhall alfo make proper ditches and 
drains, and keep them properly fcowered and in repair, 
on pain of 10s. And where the old ditches are not 
fufficient, the furveyor fliall order new oiiesto be made. 
No fmall tree or buffi whereby a man may lurk, (hall 
(land within two hundred feet of a highway. See flat. 
Winchefter (13 £d. I. ft. 2.) c. 5; which was repealed 
by 7 Geo. III. c. 42; but revived by 8 Geo. III.c. 5. 
No tree, buffi, or fhrub, fhall grow within-fifteen feet 
from the centre of any highway, unlefs for ornament. 
See. Whoever fliall lay any (lone, timber, &c. in a 
highway for five days, fo as to obllriidT or injure the 
fame, fliall forfeit 10s. And, if not removed within 
five days after notice by the furveyor, it fhall be fold.— 
Obftrudtions by carriages, unlefs for a reafonable time 
to unload, forfeit 10s. Penalty for damaging banks, 
eaufeways, mile-ltones, &c. from 10s. to 5I. or commit¬ 
ment to the lioufe of correftion. The fame provifions 
are made as to turnpike roads, by 13 Geo. III. c. 84. 
The number of horfes in the feveral carts and wag¬ 
gons, with wheels of various breadths, is fettled by 
l'edtion 56, of the faid flat. 13 Geo. III. c. 78. The 
owner’s name is to be painted on all carriages, on for¬ 
feiture of from 20s. to 5I. Penalty for negligent or 
impertinent behaviour of drivers not more than 20s. if 
owners of carriages, or 10s, if not; who may Te appre¬ 
hended with or without warrant by a perfon feeing the 
offence committed. This ftatute does not reftrain the 
fubjedt, who receiv'es any injury by a driver, Sec. of any 
carriage, from fuihg the owner thereof at common-law, 
or from puniffiing the driver for wilful offence, by in¬ 
dictment, as the nature of the cafe may require. 
By the faid flat. 13 Geo. III. c. 78, every public cart¬ 
way fliall be twenty feet wide, and every horfe or pack¬ 
way eight feet wide. Two juftices, upon view, may 
order highways to be widened or diverted; fo as not to 
exceed 
