7. Not scouring Ditches adjoining a Highway. Information, Conviction, &c. Same as the forms in the first case, ante, p. 206, except as to the statement of the offence, which may be thus:] That C. D. of in the said county, yeoman, on the day of in the year aforesaid, at the parish of in the county aforesaid, occupying then, and from thence hitherto, certain lands, adjoining to a certain highway there situate, called through which lands the water hath used to pass from the said highway, did not, after ten days' notice to him the said C. D. by the surveyor of the said highway duly given in that behalf, or at any time before the expiration of the said notice, cleanse and scour ["open, cleanse and scour"] the ditches, watercourses and drains, for such water to pass without obstruction, but therein made default; contrary to the statute made in the thirteenth year of the reign of his late Majesty King George the Third, For the amendment and preservation of the highways.' Penalty, 10s. 13 Geo. 3, c. 78, s. 8. 8. Allowing Trees, &c. to grow in a Highway, within fifteen Yards of the Centre. Information, Conviction, &c. Same as the forms in the first case, ante, p. 206, except as to the statement of the offence, which may be thus:] That C. D. of in the said county, yeoman, on the " day of in the year aforesaid, at the parish of aforesaid, being then and there the owner of a certain ash tree, standing and growing in a certain highway there situate, called within the distance of fifteen yards from the centre of the said highway, and planted after the year of our Lord one thousand seven hundred and seventy-four, to wit, in the year did not cut down, grub up, or carry away the said tree, within ten days after notice to him the said C. D. by the surveyor of the said highway given in that behalf; contrary to the statute made in the thirteenth year of the reign of his late Majesty King George the Third, For the amendment and preservation of the highways.' Penalty, 10s. 13 Geo. 3, c. 78, s. 6. 9. Damaging Causeways, Milestones, &c. Information, Conviction, &c. Same as the forms in the first case, ante, p. 206, except as to the statement of the offence, which may be thus:] in the said county, labourer, on the That C. D. of day of. in the year aforesaid, at the parish of aforesaid, did [drive a certain cart upon a certain foot causeway there situate," or describing some other offence within stat. 13 Geo. 3, c. 78, s. 52]; "contrary to the statute made in the thirteenth year of the reign of his late Majesty King George the Third, For the amendment and preservation of the highways.' Penalty, not exceeding £5, nor less than 10s.; and in default of payment, party to be committed to the house of correction, there to be whipped, and kept to hard labour for any time not exceeding one month, nor less than seven days. 13 Geo. 3, c. 78, s. 52. 10. Driving Waggons on a Highway, with Wheels of less than a certain Breadth. Information, Conviction, &c. Same as the forms in the first case, ante, p. 206, except as to the statement of the offence, which may be thus:] That on the day of in the year aforesaid, at the parish of in the county aforesaid, C. D. of in the said county, farmer, being then and there the owner of a certain [waggon], having the sole and bottom of the fellies of the wheels thereof of the breadth of inches, and E. F. ofin the said county, labourer, being then and there the driver of the said waggon, the said E. F. did then and there drive the said waggon upon a certain highway there situate, (not being a turnpike road), the said waggon being then and there drawn by horses, being [two] horses more than are limited and allowed by the statute in that behalf; contrary to the statute made in the thirteenth year of the reign of his late Majesty King George the Third, For the amendment and preservation of the highways.' Penalty, £5 from the owner, and 10s. from the driver (not being owner), for every horse or beast above the number allowed; the whole to the informer. 13 Geo. 3, c. 78, s. 55. 11. Misconduct of the Drivers of Waggons upon Highways. Information, Conviction, &c. Same as the forms in the first case, ante, p. 206, except as to the statement of the offence, which may be thus:] "That C. D., of in the said county, labourer, on the in the year aforesaid, at the parish of day ofin the county aforesaid, being then and there the driver [and owner] of a certain waggon, ["cart, car, dray, or waggon,"] did then and there ride upon the said waggon, in and upon a certain highway, there situate, called not having then and there any other person on foot or on horseback to guide the said waggon, and the said waggon not being then and there conducted by any person holding the reins of the horses drawing the same;" [or, describing some other of the offences within stat. 13 Geo. 3, c. 78, s. 60]; " contrary to the statute made in the thirteenth year of the reign of his late Majesty, King George the Third, For the amendment and preservation of the highways.' Penalty, 10s., if the driver be not the owner; 20s., if he be; and in default of payment, imprisonment in the house of correction for any time not exceeding a month, unless the penalty be sooner paid. 13 Geo. 3, c. 78, s. 60. 12. Owner not having his Name, &c. on his Waggon, Cart, &c. Information, Conviction, &c. Same as the forms in the first case, ante, p. 206, except as to the statement of the offence, which may be thus:] "That C. D., of, in the said county, farmer, on the day of, in the year aforesaid, at the parish of- in the county aforesaid, did use a certain waggon of him the said C. D., upon a certain public highway there situate, called ; and that the said C. D. did not, before he so used the same upon the said public highway, cause to be painted upon some conspicuous part of his said waggon, his christian name and surname, and place of abode, in large legible letters, but on the contrary thereof did then and there use the said waggon on the said highway, without the names and descriptions painted thereon respectively as aforesaid; contrary to the statute made in the thirteenth year of the reign of his late Majesty, King George the Third, For the amendment and preservation of the highways.' Penalty, not exceeding £5, nor less than 20s. 13 Geo. 3, c. 78, HIGHWAYS.-Turnpike-roads. 1. Incroachments on Turnpike-roads. Information. day J. P., BERKSHIRE, to wit: Be it remembered, that on the of, A. B., of - —, in the said county, informeth me, one of his Majesty's justices of the peace for the said county, that C. D., of, in the said county, yeoman, on the day of instant, at, in the said county, did make and cause to be made a certain hedge at the side of a certain turnpike-road, there situate, called in such manner as to reduce the breadth and confine the limits thereof;" [or otherwise describing some other offence within stat. 3 Geo. 4, c. 126, s. 118]; "contrary to the statute made in the third year of the reign of King George the Fourth, 'For regulating turnpike-roads,' which hath imposed a forfeiture of a sum not exceeding forty shillings for the said offence, over and above the damages occasioned thereby. Taken the day of before me, Penalty, 40s.; 3 Geo. 4, c. 106, s. 118. J. P. The above form is given by the stat. s. 148, and sch. No. 18. As to the recovery and application of penalties, see Id. 141. 4 Geò. 4, c. 95, s. 83. day BERKSHIRE, to wit: Be it remembered, that on the of, in the ninth year of the reign of our sovereign lord King George the Fourth, and in the year of our Lord one thousand eight hundred and twenty-eight, C. D. is convicted before me, J. P., one of his Majesty's justices of the peace for the said county, for that the said C. D., on" [&c. stating the offence in the same words as in the information, to the words]"contrary to the form of the statute made in the third year of the reign of King George the Fourth, intituled, 'An act to amend the general laws now in being, for regulating turnpike roads in that part of Great Britain called England;' and I do hereby declare and adjudge, that the said C. D. hath forfeited, for the said offence, the sum of forty shillings. Given under my hand and seal, the day and year first above written. J. P. This form is given by stat. 3 Geo. 4, c. 126, s. 148, and sch. No. 19. Appeal. 4 Geo. 4, c. 95, s. 97. Inhabitants, witnesses. 3 Geo. 4, c. 126, s. 137. Trustees, witnesses. 4 Geo. 4, c. 95, s. 84. BERKSHIRE, to wit: Whereas C. D., of, in the said county, is this day convicted before me, J. P., esquire, one of his Majesty's justices of the peace in and for the said county, upon the oath of E. F., a credible witness, for that he the said C. D." [here set forth the offence, describing it particularly in the words of the statute, as near as may be]; contrary to the statute in that case made and provided; by reason whereof the said C. D. hath forfeited the sum of- -, to be distributed as herein is mentioned, which he hath refused to pay: These are, therefore, in his Majesty's name, to command you to levy the said sum of by distress of the goods and chattels of him the said C. D.; and if, within the space of four days next after such distress by you taken, the said sum, together with the reasonable charges of taking and keeping the same, shall not be paid, that then you do sell the said goods and chattels so by you distrained, and out of the money arising by such sale, that you do pay one half of the said sum to G. H., of who informed me of the said offence, and the other half of the said sum of· , to J. K., the surveyor of the turnpike-road" [describing it] "where the said offence ["neglect or default"] happened, to be employed towards the repair of the said road, returning the overplus, on demand, to him the said C. D. (the reasonable charges of taking, keeping, and selling the said distress being first deducted); and if sufficient distress cannot be found of the goods and chattels of the said C. D., whereon to levy the said sum of - that then you certify the same to me, together with this warrant. my hand, this day of 1828. Given under J. P. Return of the Constable, to be made upon the Warrant of Distress, where there are no Effects. I, R. S., constable of the parish of ty of in the said coun⚫ do hereby certify and make oath, that by virtue of this warrant I have made diligent search for the goods of the within-named C. D., and that I can find no sufficient goods whereon to levy the said sum of As witness my hand, the day of 1828. Sworn before me, the day and year R. S. above mentioned. J. P. L |