yet is very ruinous, deep, broken, and in great decay, for want of due reparation and amendment, so that the subjects of the king through the same way with their horses, coaches, carts, and carriages could not during the time aforesaid, nor yet can go, return, or pass as they ought and were wont to do, to the great damage and common nuisance of all the king's subjects through the same highway going, returning, or passing, and against the peace of our said lord the king: And that the inhabitants of the aforesaid, in the county aforesaid, the said common highway so in decay ought to repair and amend, when and so often as it shall be necessary. In testimony whereof the said J. P. to these presents hath set his hand and seal, this in the year aforesaid.

Mm. a.

day of

of

Certificate of two justices, that an indicted road is in good repair.

Surrey WE, two of his majesty's justices of the peace of the }

to wit. county of Surrey, acting in and for the said county, having this day viewed and examined the state and condition of the raad said to have been indicted at the last summer assizes, (or at the last general quarter sessions of the peace) holden in and for the said county, leading from a place called Biddle's Green in the parish of Windlesham, in the said county, to a place called Westley Green, adjoining to the parish of Cobham, in the county aforesaid, do certify, that the said road is well and sufficiently repaired, and is in such a state that the king's subjects with waggons, curts, coaches, and other carriages, may pass and repass safely and without inconvenience, and likely so to continue. Given under our hands and seals this

day of

18 .

J. M. (L. s.)
J. L. (L. s.)

Witness R. K.

Nn. Summons for non-payment of assessment. Vide p. 716.

To A. O. of the·

Stafford

County of WHEREAS complaint and information have been made upon oath before me, one of his majesty's justices of the peace for the said county, by the surveyor of the highways for the said that by a rate or assessment duly

to wit.

made, allowed, and published, according to the statutes in that case made and provided, the sum of

was duly rated and assessed

upon you, for and towards the amending, repairing, and supporting the highways within the said

These are, therefore, to re

quire you personally to appear before me (or such other of his majesty's justices of the peace as shall be present) at

the

- in the

day of

in the said county, on -, at the hour of noon, there to answer to the said complaint and information, and to shew cause why the said sum should not be levied on your goods and chattels pursuant to the said statute. Herein fail not.

Given under my hand and seal this

day of

the year of our Lord one thousand eight hundred and

Oo. Warrant of distress for an assessment. Vide p. 716

WHEREAS by an assessment made upon the occupiers of lands,

tenements, woods, tithes, and hereditaments within the

of- — in the said county, for the purposes of, &c. [as stated in the justices order] pursuant to an order of justices for that purpose, according to the directions of 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," A. O. was charged with the sum of- as his share and proportion of the said assessment, in respect of the lands, tenements, woods, tithes, and hereditaments which he occupied within the said and whereas it appears to me upon the oath of that the said sum of. hath been duly demanded from the said A. O. and that he hath refused to pay the same for the space of ten days after such demand made: 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 the said A. O. And if the same shall not be paid within the space of four days next after such distress by you taken, together with the reasonable charges of taking and keeping the same, that you do then sell the said goods and chattels 90 by you distrained; and out of the money arising by such sale that you do pay unto A. S. the surveyor of the highways for the said

ofthe said sum of- to be employed for the purposes. aforesaid; and that you do return the surplus thereof to the said A. O., 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 A. O. whereon to levy the said sum of that then you certify the same to me, together with this warrant. Given under my hand and seal the day of

1820.

Pp. Information against an offender. Vide p. 718.

Middlesex BE it remembered, that 1820, A. I. of

day of

to wit. - in the said county, informeth and maketh oath before me J. P. esquire, one of his majesty's justices of the peace for the said county, that A. O. of in the said county [Here describe the offence particularly, and follow the words of the act as near as may be,] contrary to 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," which hath imposed a forfeiture of for the said offence.

Taken and sworn the

before me, J. P.

day of ―

A. I.

contrary to the

If it is on the turnpike act, then say, statute made in the thirteenth year of the reign of his majesty king George the third "for regulating the turnpike roads," &c.

If it is for default in performing statute duty, then in describing the offence, state the duty required, and the notice given for that

purpose, aud the neglect, according to the fact, and as near to the words of the act as may be.]

WHEREAS complaint and information hath been made upon oate before me, J. P. esquire, one of his majesty's justices of the peace for the said county, by A. I. of. That [Here state the nature and circumstances of the case, as far as it shall be necessary to shew the offence and to bring it within the authority of the justice, and in doing that follow the words of the act as near as may be, (a)] These are therefore to require you personally to appear before me (or, the justices to be assembled at their special sessions to be holden) at in the said county on the day of - next, at the hour of noon, to answer to the said complaint and information made by the said A. I. who is likewise directed to be then and there present to make good the same. Herein fail not. Given under my hand and seal, this

-in the

1820.

day of

Rr. Form of a conviction.

in the year of our Lord 1820, at

Middlesex BE it remembered, that on the

me on the

day of

--at

day of

to wit. in the county aforesaid, A. I. came before me, J. P. esquire, one of his majesty's justices of the peace of the said county, and informed me, that A. O. of on the day of now last past, at in the said county, did [Here set forth the fact in the manner described by the statute] Whereupon the said A. O. after being duly summoned to answer the said charge, appeared before in the said county, and having heard the charge contained in the said information, declared that he was not guilty of the said offence; but the same being fully proved upon the oath of A. W. a credible witness, it manifestly appears to me the said justice that the said A. O. is guilty of the offence charged upon him in the said information. It is therefore considered and adjudged by me the said justice, that the said A. O. be convicted, and I do hereby convict him of the offence aforesaid; and I do hereby declare and adjudge that he the said A. O. hath forfeited the sum of of lawful money of Great Britain for the offence aforesaid, to be distributed as the law directs, according to the form of the statute in that case made and provided. Given, &c.

If the party doth not appear upon the summons, then after the words being duly summoned to answer the said charge, insert, did not appear before me pursuant to the said summons; or, did neglect and

of

(a) e. g. If for non-payment of composition in lieu of duty, say "That you the said A. O. occupy lands, tenements, woods, tythes, or hereditaments, under the yearly value of fifty pounds in the said (viz.) of the yearly value of and by the statutes in such case made and provided are liable in respect thereof to contribute to the repair of the highways therein, and to pay to the said surveyor, in lieu of your statute duty, the sum of being at the rate

mentioned in the statule; and that the said surveyor hath duly demanded the said money of you, but you have neglected and refused to pay him the same, contrary to the said statute."

refuse to make any defence against the said charge, but the same being fully proved, &c.

If the party confesses the charge, then after the words -contained in the said information, insert, acknowledged and voluntarily confessed the same to be true, and it manifestly appears to me the said justice, &c.

Ss. Order for payment of a forfeiture.

Middlesex WHEREAS A. O. of

in the said

is duly

to wit convicted before me J. P. esquire, one of his majesty's justices of the peace for the said county, for that he the said A. O. [Here describe the offence as set forth in the information] whereby he the said A. O. hath forfeited the sum of: I do therefore hereby order the said A. O. to pay to A. S. surveyor of the said sum of- to be by him disposed of as the law directs. Given under my hand and seal the

day of

1820.

the

Tt. Warrant of distress for a forfeiture. (Not to be issued till after six days from service of the order for payment.)

WHEREAS A. O. of in the said county, yeoman, 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 A. W. a credible witness, for that he the said A. O. hath [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 A. O. 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 A. O. 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 of to A. I. of who informed me of the said offence, and the other half of the said sum of the surveyor of the highways for the the said offence (neglect, or default) happened, to be employed towards the repair of the said highway [or as the case shall be], returning the overplus upon demand to him the said A. O. 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 A. O. whereon to levy the said sum of that then you certify the same to me, together with this warrant. Given under my hand and seal the

If it is for a turnpike forfeiture, then say, veyor of the turnpike road (describing it)

towards the repair of the said road·

of

day of

to A. S.

where

1820.

to A. S. surto be employed

U u. Constable's return of want of distress.

IA. C. constable of the

of

in the county of

do hereby certify and make oath that by virtue of this warrant I have made diligent search for the goods of the within-named and that I can find no sufficient goods whereon to lery As witness my hand the

the within sum of1820.

Sworn before me the

day and year, &c. J. P.

V v. Commitment for want of distress.

Middlesex. to wit.

WH

To the constable of

the keeper of the
correction] at

day of

day of A. C.

Vide p. 716. 718.

in the said county, and to common gaol [or, the house of in the said county.

in the said county, yeoman, was convicted before me J. P.

WHEREAS A. O. of on the esquire, one of his majesty's justices of the peace in and for the said county, upon the oath of A. W. a credible witness, for that he the said A. O. [here set forth the offence] contrary to 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," [If it is a turnpike offence then say, "for regulating the turnpike roads," by reason whereof the said A. O. hath forfeited the sum of -; And whereas on the in the

day of

year aforesaid I did issue my warrant to the constable of· to levy the said sum of by distress and sale of the goods and chattels of him the said A. O. and to distribute the same according to the directions of the said statute; And whereas it duly appears to me upon the oath of the said (constable) that he the said

hath used his best endeavours to levy the said sum on the goods and chattels of the said A. O. as aforesaid, but that no sufficient distress can be had whereon to levy the same; These are therefore to command you the said constable of· aforesaid to apprehend the said A. O. and him safely to convey to the common gaol [or, house of correction] at in the said county, and there deliver him to the keeper thereof, together with this precept. And I do hereby also command you the said keeper to receive and keep in your custody the said A. O. for the space of three months, unless the said sum shall be sooner paid, pursuant to the said conviction and warrant ; and for so doing this shall be your sufficient wurrant. Given under my hand and seal the in the year of our

Lord

day of

and the

In case of a commitment for want of payment of money due on an assessment, it must be to receive and keep in your custody, until he shall have paid the said sum of being the costs and charges occasioned by his neglect in paying the same.

further sum of —