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the said parish of shillings.

whereby he hath forfeited the sum of ten

These are, therefore, in his said majesty's name, to command you to levy the said sum of ten shillings by distress of the goods of him the said A. O., and if within the space of five days next after such distress, by you taken, the said sum of ten shillings, together with the reasonable charges of taking and keeping the said distress, shall not be paid, that then you do sell the said goods so by you distrained, and out of the money arising by such sale, that you do pay the said sum of ten shillings to him the said surveyor, to be employed in such manner as the statute in that case directs, returning to him the said A. O. the overplus upon demand.

Given under my hand and seal this

year of our Lord 18

day of

in the

G. C.

W. Order of a justice to make new drains. Vide p. 692.

Middlesex, To A. S. of.

to wit.

the parish of

surveyor of the highways for

WHEREAS complaint hath been made unto me J. P. esquire,

in the

of

one of his majesty's justices of the peace for the said county, that the ditch, gutter, or watercourse, for conveying the water from the highway at· in the said county, is not sufficient for that purpose, and that the cleansing and opening the same will not effectually carry off the said water, but that the said highway may be effectually drained and the water carried off by making a new ditch or drain through the lands or grounds of lying near the same, for the length of - -yards and the breadth of having been duly summoned to appear before me to shew cause, if he had any, why the said ditch or drain shall not be made, and the said not appear

-feet; and the said

ing (or, not shewing sufficient cause against the same), and it appearing to me that such ditch or drain is necessary, I do hereby order and require you to enter into and upon the said lands of the said ———— ——, and there make or cause to be made a new ditch or drain, of the length and breadth aforesaid, and of a convenient depth, making or tendering sufficient satisfaction to the said - for the damages to be done thereby, within one calendar month after the same shall be so made; such damages to be settled and ascertained in manner directed by the act passed in the thirteenth year of the reign of his majesty king George the third, "for the amendment and preservation of the highways." Given under my hand this

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day of

X. Warrant to apprehend the driver of a waggon, cart, &c. for misbehaviour. Vide p. 695.

County of Stafford, To all constables, and other his majesty's officers of the peace for the said county.

to wit.

THESE are, in his majesty's name, to command you and every of you, upon sight hereof, to take and bring before me, or some other of his majesty's justices of the peace for the said county, the body of A. D. the driver of a belonging to

of

certain

in the said county

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to answer to all such

matters and things as on his majesty's behalf are on oath objected against him by for riding upon a certain carriage called

in a public highway in the said county, he the said Ă. D. not having some other person on foot or on horseback to guide the same, and which said carriage was not then conducted by some person holding the reins thereof. Hereof fail not at your peril. Given under my hand and seal this

the year of our Lord 18

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day of

and in

Y. Precept for erecting guide posts or water marks.

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Vide p. 696.

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day of

18 .

in the said hundred.

You are hereby required forthwith to erect, or cause to be erected, in the most convenient place upon the highway lying between within your liberty, where the roads cross or branch out, a guide post with proper inscriptions, painted on both sides thereof, in large legible letters, denoting the towns of

and

and (or other places, as the justices shall think proper :) and you are allowed to charge the reasonable expences of providing and erecting the same in your accounts.

Where graduated stones or posts are necessary to prevent acciIn the most condents from deep waters, it may be varied thus: venient place upon the highway, at the approach or entrance on each within your liberty, side of the ford or water called graduated posts, denoting the depth of water in the deepest part thereof, through which such highway passes

at

Z. Order for widening or diverting and turning a highway. Vide p. 700.

Middlesex, WE, -two of his majesty's justices of the peace

to wit.

and

in the

for the said county, acting within the hundred of within the said county, having, upon view, found that a certain part of the highway between (parish, &c.) of· in the said hundred, for the length of yards, or thereabouts, and particularly described in the plan hereunto annexed, is for the greatest part thereof narrow, may be conveniently enlarged and widened, by adding thereto from the lands and grounds of

and

of the length of

and

・feet or thereyards or thereabouts, and of the breadth of abouts, particularly described in the plan hereunto annexed, which we think will be much more commodious to the public; we do hereby order that the said highway be widened and enlarged through the lands aforesaid; and that the surveyor of the highways for the

and

of- where the said old highway lies, do forthwith proceed to -for treat and make agreement with the said the recompence to be made for the said ground, and for the making such ditches and fences as shall be necessary, in such manner, with such approbation, and by pursuing such measures and directions in all

respects as are warranted and prescribed by the statute made in the thirteenth year of the reign of his majesty king George the third, "for the amendment and preservation of the highways": And in case such agreement shall be made as aforesaid, we do order an equal assessment, not exceeding the rate of sixpence in the pound, to be made, levied, and collected upon all and every the occupiers of lands, tenements, woods, tithes, and hereditaments in the said

of and that the money arising thereupon be paid and applied in making such recompence and satisfaction as aforesaid, pursuant to the directions of the said act.

If the road is to be turned, then after the words, is for the greatest part thereof narrow, say, and cannot be conveniently enlarged and made commodious for travellers, without diverting and turning the same; and having viewed a course proposed for the said new highway through the lands and grounds, &c. And afterwards, instead of the words, be widened and enlarged, say, be diverted and turned.

A a. Certificate to the sessions thereupon. Vide p. 701. To the justices of the peace at their general quarter sessions to be held at

Middlesex, to wit.

county, the

day of

and

in the said -18

WE the within-named A. B. and C. D. do hereby certify to the said court of quarter sessions that we made and signed the within order; and that, with our approbation, and by our direction, the said surveyor hath treated with the said for the said lands required for the purposes aforesaid, but was not able to make any agreement for that purpose with them or either of them; and that he tendered to the said the sum of

to the said

the sum of

and as a recompence for the said ground, and for making the said ditches and fences, which they, and each of them, refused to receive.

Bb. Order for stopping up an old way, and selling the land and soil thereof. Vide p. 702.

WE whose names are subscribed, being the justices of the peace who have viewed the several highways described in the plans hereunto annexed, and made an order for diverting the old highway, and being satisfied that the new highway therein described is properly made and fit for the reception of travellers, do hereby order the said old highway, being of the length of yards and of the breadth of — jeet upon a medium, as appears by the said plan, to be stopped up, and the land and soil thereof to be sold by the said surveyor to

whose

land adjoins thereto, if he shall be willing to purchase the same, for the full value thereof; if not, to some other person or persons, for the full value thereof.

This is to be added, if needful; and to be varied as circumstances may require : Reserving nevertheless to a free passage for persons, horses, cattle, and carriages, through the land and soil of the said old highway to and from the (land, &c.) belonging to him, called according to his ancient usage thereof.

If there are more highways than one to be stopped up, there should be a separate order for each.

Certificate to be wrote under the order above mentioned.

WE

veyor to

VE the above-named justices do certify, that the old highway, herein-before mentioned and described, was sold by the said surwith our approbation, for the sum of · which sum we do order the said to pay to the said surveyor, to be applied in purchasing the land, and making the said new highway; and if any surplus remains, we do order, that the same shall be applied for the use of the highways within the said (parish, &c.) of—. Receipt for the purchase-money, to be indorsed upon, or wrote under the certificate above-mentioned.

RECEIVED the

sum of

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being the full consideration money for the purchase of the said old highway herein-before described, pursuant to the said orders and certificate.

Cc. Order for turning a highway through any person's lands, with the owner's consent. Vide p. 702.

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in the 18 having upon

view found that a certain part of a highway within the in the said hundred, lying between

and

of

for the

length of yards or thereabouts, and particularly described in the plan hereunto annexed, may be diverted and turned so as to make the same nearer [or, more commodious] to the public; and having viewed a course proposed for the new highway in lieu thereof through the lands and grounds of of the length of yards or thereabouts, and of the breadth of - - feet or thereabouts, particularly described in the plan hereunto annexed, and having received evidence of the consent of the said to the said new

highway being made through his lands hereinbefore described, by writing under his hand and seal: we do hereby order that the said highway be diverted and turned through the lands aforesaid; and we do order an equal assessment, not exceeding the rate of 6d. in the pɔund, to be made, levied, and collected upon all and every the occupiers of lands, tenements, woods, tithes, and hereditaments in the said

of and that the money arising thereupon be paid and applied in making recompence and satisfaction for the same unto the

said

D d. Form of such consent. Vide

in the county of

p. 702.

and

is

A. B. of being owner of the lands described in the plan hereunto annexed, through which part of a certain highway lying between intended to be diverted and turned, in consideration of the sum of to be paid to me for the said land and the soil thereof, [or, in consideration of the said old highway being sold, exchanged, &c. and to be vested in me, and also of the sum of to me, as the case may be] do hereby consent to the tinuing such new highway through my said lands.

to be paid making and conGiven under my

E e. Notice of application to be made for a general assessment. Vide p. 708.

Middlesex, to wit. hundred of held at

18

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JOTICE is hereby given, that application will be made to the justices of the peace acting for the in the said county, at their special sessions to be in the said hundred, on the day of for an equal assessment to be made, not exceeding in the pound, upon all and every the occupiers of lands, tenements, woods, tithes, and hereditaments, within the of for the use and benefit of the highways within the said Dated this day of 18 A. B. Surveyor.

Ff.

Order for such general assessment. Vide ante p.708.

Middlesex, to wit.

At a special sessions for the highways, held at in the hundred of

said county, the

in the day of 18, by justices of the peace for the said county acting within the said hundred.

UPON application made to us by the surveyor of the highways for the of —, and upon evidence given upon oath before us, that the duty directed to be performed, and the money authorized to be collected and received by an act, passed in the 13th year of the reign of his majesty king George the third, " for the amendment and preservation of the highways," have been performed, applied, and expended, according to the directions of the said act: [Or, upon evidence given upon oath before us, we are fully satisfied, that the common highways, bridges, caus.ways, streets, and pavements, belonging to the are so far out of order, that they cannot be sufficiently amended and repaired, pared, cleansed and supported, by the means prescribed by an act passed in the 13th year of the reign of his majesty king George the third, "for the amendment and preservation of the highways:"]

of·

of

And it appearing to us, that notice hath been duly given of such intended application, according to the direction of the said act, we do hereby order, direct, and appoint, that an equal assessment, not exceeding the sum of in the pound, upon all and every the occupiers of lands, tenements, woods, tithes, and hereditaments, within the said shall be forthwith made by the said surveyor, and shall be allowed by one justice of the peace for the said hundred, and shall be collected by the said surveyor, and that the money so to be assessed and collected shall be applied for and towards the amending, repairing, paving, cleansing, and supporting such highways, causeways, streets, pavemen's, and bridges, [and for buying materials, making satisfaction for damages, erecting guide posts, and paying the surveyor's salary,] according to the direction and true intent and meaning of the said act.

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