G. H. a credible witness, or said that he [or she] was not guilty of the said offence, whereupon the same was fully proved on the oath of G. H. a credible witness [or as the case may be], or did not appear before me pursuant to the said summons, but the said charge was fully proved on the oath of G. H. a credible witness [or as the case may be], and therefore it manifestly appearing to me that the said E. F. is guilty of the offence charged in the said information, I do hereby convict him [or her] of the said offence, and do adjudge that he [or she] hath forfeited the sum of --, or his [or her] licence, and the sum of- of lawful money of Great Britain, to be distributed as the law directs, according to the form of the statute in such case made and provided. Given under my hand and seal the No conviction upon this Act shall be removed by writ of certiorari or otherwise into His Majesty's court of King's Bench, or any other court save upon an appeal as by this Act is directed. Id. s. 29. Witnesses.] If any person shall be summoned as a witness to give evidence before any justice of the peace, touching any of the matters relative to this Act, and shall neglect or refuse to appear at the time and place to be for that purpose appointed, without a reasonable excuse for such neglect or refusal, to be allowed of by such justice or justices of the peace; or appearing, shall refuse to be examined upon oath and give evidence before such justice or justices of the peace before whom the prosecution shall be depending: then every such person shall forfeit for every such offence the sum of ten pounds, to be recovered, levied, and paid in such manner and by such means as are herein directed as to the other penalties. Id. s. 32. Queen's share of the penalty, to whom paid.] Every justice before whom any person shall be convicted of any offence under or by virtue of this Act, shall take and receive His Majesty's share of the penalty levied or paid under or by virtue of such conviction; and shall pay the same at the next general sessions of the peace after he shall have so taken or received the same, into the hands of the clerk of the peace or other such like officer for the county, riding, or place within which such conviction shall have been made, who is hereby directed to remit the same forthwith, without fee or reward, to the commissioners for licensing hawkers, pedlars, and petty chapmen, or to such person or persons as the greatest part of them shall appoint; and that every justice, his executors or administrators, shall, immediately on such payment made to any clerk of the peace or other such officer, transmit a like schedule to the said commissioners, or to such person or persons as they or the greater part of them shall appoint. Id. s. 30. Appeal.] If any person shall find himself aggrieved by the judgment of any such justice, then he shall or may, upon entering into a recognizance, with two sufficient sureties, to be approved by such justice, to the amount of the value of such penalty and forfeiture, together with a sum which in the judgment of such justice shall be adequate to the amount of the costs which may be awarded, conditioned to pay the amount of such penalties, forfeitures, and costs as shall be adjudged in case such judgment shall be affirmed, appeal to the justices of the peace at the next general sessions for the county, riding, or place, who are hereby empowered to summon and examine witnesses upon oath, and finally to hear and determine the same, or, at their discretion, to state the facts especially for the determination of His Majesty's court of King's Bench thereon; and in case the judgment of such justice shall be affirmed, it shall be lawful for such justices, or the court of King's Bench, to award the person to pay such costs occasioned by such appeal as to them shall seem meet. Id. s. 27. Actions, &c.] If any person shall be sued, molested, or prosecuted for any thing by him or them done or executed in pursuance of this Act, he shall and may plead the general issue, and give the special matter in evidence for his defence; and if upon the trial a verdict shall pass for the defendant, or the plaintiff be nonsuited, or judgment be recovered against him upon demurrer, or if the plaintiff shall discontinue his action, or be non-prossed, then such defendant shall have treble costs. Id. s. 34. HEDGES. See "Larceny," "Malicious Injuries." HIGH SEAS. See "Admiralty." HIGHWAY, What.] A highway is a way over certain land, which the public freely use, and all persons have a right to use; for which reason it is usually called a public highway. It may be a carriageway, or a footway, or a foot and horseway, (which latter is also called a "pack and prime way," "a pack and drift way," or "bridle way,") and must be described accordingly in any proceedings for the non-repair of it; and therefore if an indictment for non-repair of a highway, state it to be a carriage way, and the evidence shew an user by persons on foot and on horseback only, R. v. St. Weonards, 5 Car. & P. 579, or if the indictment state it to be a pack and prime way, and the evidence prove it to be a carriage way, R. v. St. Weonards, 6 Car. & P. 582, the variance will be fatal. It must lead from one town or vill to another, and be free for the passage of all Her Majesty's subjects. 1 Hawk. c. 76, s. 1. And therefore it has been holden that a way to a parish church, or to the common fields of a town, or to a private house, or perhaps to a village, which terminates there, and is for the benefit of the particular inhabitants of such parish, house or village only, may be called a private way, but not a highway. Id. So if it be not a thoroughfare, it is doubted very much whether it can be deemed a highway. See Wood v. Veal, 5 B. & A. 454. But a public way, free and open to the public, and used by them, leading from one highway to another, is deemed a highway. As to the dedication of a way to the public, the manner in which it may be done, and the effect of it, these subjects will be found treated of, in a subsequent part of this title. Statutes upon the subject.] Highways are either the ordinary public parish roads, or turnpike roads. The general law as to turnpike roads, is comprised principally in stat. 3 G. 4, c. 126, and some enactments subsequently made, which shall be noticed hereafter in their proper place. As to the ordinary parish highways, all the statutes upon that subject were repealed by stat. 5 & 6 W. 4, c. 50, and the substance of them consolidated by and embodied in that Act, which is now the only one upon the subject. The different clauses of this statute, 5 & 6 W. 4, c. 50, shall be noticed under the following heads, together with the rules of the common law, now in force, with respect to highways generally. It may be necessary to premise, however, that this Act does not apply to the streets of the metropolis; 5 & 6 W. 4, c. 50, s. 112; nor to any turnpike roads, except where expressly mentioned, or to any roads, bridges, carriageways, cartways, horseways, bridleways, footways, causeways, churchways, or pavements, which now are or hereafter may be paved, repaired or cleansed, broken up or diverted, under any personal or local act of parliament; Id. s. 113; nor in any manner to affect the rights of the universities, Id. s. 114, or the rights, &c., of the city of London, Id. s. 115, or the powers or authorities of the commissioners of sewers. Id. s. 116. It is also necessary to observe, that by the interpretation clause of that Act, (5 & 6 W. 4, c. 50, s. 5), the wordChurch, shall be understood to include chapel. Division, shall be understood to include limit. Highways, shall be understood to mean all roads, bridges (not being county bridges), carriageways, cartways, horseways, bridleways, footways, causeways, churchways, and pavements. Inhabitant, to include any person rated to the highway rate. Justices, shall be understood to mean justices of the peace for the county, riding, division, shire, city, town, borough, liberty, or place in which the highway may be situate or in which the offence may be committed. Owner, shall be understood to include occupier. Parish, shall be construed to include parish, township, tithing, rape, vill, wapentake, division, city, borough, liberty, market town, franchise, hamlet, precinct, chapelry, or any other place or district maintaining its own highways; and wherever any thing in this act is prescribed to be done by the inhabitants of any parish in vestry assembled, the same shall be construed to extend to any meeting of inhabitants contributing to the highway rates in places where there shall be no vestry meeting, provided the same notice shall have been given of the said meeting as would be required by law for the assembling of a meeting in vestry. Petty Session, or Petty Sessions, to mean the petty session or petty sessions held for the division or place. Surveyor, shall be understood to mean surveyor of the highways, or waywarden. Highway. 1. Officers appointed for the repair, &c. of highways, p. 475. In single parishes, p. 475. In large parishes, p. 476. Duty of collectors, p. 481. 2. Special Sessions for the highways, p. 483. 3. Highway rate, p. 483. 4. Repair of highways, p. 485. Liability to repair, p. 485. Repairs, how compelled by the petty sessions, p. 492. by indictment, p. 494. Repairs, how made, p. 496. 5. Widening highways, p. 501. 6. Stopping up or diverting highways, p. 505. 7. Nuisances to highways, p. 509. 8. Regulations as to waggons, drivers, &c., p. 516. 9. Proceedings for penalties, &c., p. 518. Highway (Turnpike Road), see p. 525. 1. Officers appointed for the repair, &c., of highways. In single parishes. Surveyors how elected.] The inhabitants of every parish maintaining its own highways, at their first meeting in vestry for the nomination of overseers of the poor in every year, shall proceed to the election of one or more persons to serve the office of surveyor in the said parish for the year then next ensuing; and in such case notice of such election shall be given by the chairman to the person elected and to the outgoing surveyor provided always, that in any parish where there is no meeting in the year for the nomination of overseers of the poor, the inhabitants contributing to the highway rate shall meet at their usual place of public meeting upon the 25th of March, or within fourteen days afterwards, in every year, to elect one or more persons to serve the office of surveyor for the said parish. Id. s. 6. As to the qualification of surveyors, See sect. 7. And if any person so chosen and elected, shall refuse or neglect to take upon himself the office of surveyor, or to provide a sufficient deputy, to be approved of, he shall forfeit, on conviction before any two justices of the peace, any sum not exceeding twenty pounds, unless he can show to the said justices good and sufficient cause why he should not be called upon to serve the said office. Id. s. 8. Deputy surveyor.] Every deputy provided and approved of, as above mentioned, shall have the same powers and authorities, and be subject to the discharge of the same duty, and be liable to the same penalties, as any surveyor appointed under the authority of this Act. Id. s. 8. Surveyor, when appointed by the justices.] But if it shall appear on oath to the justices at a special sessions for the highways, that the inhabitants of any parish have neglected or refused to nominate and elect a surveyor, or that the outgoing surveyor, (except he had been directed by the inhabitants so to do,) has delivered no statement of the name and residence of his successor, or that the surveyor is dead, or has ceased to possess the qualification, or is or has become disqualified in any manner herein mentioned, or that he has neglected to act, or refused to carry into operation the duties imposed upon him by this Act: it shall and may be lawful for such justices, and they are hereby authorized and required, by writing under their hands, at their next succeeding special sessions for the highways, to dismiss such surveyor so neglecting to act or refusing to carry into operation the duties imposed upon him by |