NOTICES. Statute Duty 40. *Notice by inhabitants, &c. to the Surveyor of the Highways of (performance). the periods of exemption from Statute Duty (1). I, A. B. (constable, headborough, tithingman) of the parish of , one thousand eight hundred , agree to day of day of day of and (which they consider as the seed (which they consider as the hay-harvest month), day of which they consider as the corn-harvest month. To &c. (surveyor.) (constable, &c.) N.B.-The like notice is to be given to the surveyor or surveyors of the turnpike-roads where there are any such within the parish or place. 41. *Notice by Surveyor of High Roads of performance of Statute Statute Duty (performance). Duty not compounded for (2). A. B. you are hereby required to send a team with two able men to (1) By the 13 Geo. 3. c. 78. (sec. 43.) the inhabitants of any parish 13 Geo. 3. c. 78. or place liable to the repair of the highways, may at any vestry or public meeting, appoint three several months in every year within which they shall not be required to perform statute-duty; and of which notice is to be given to the surveyor within three days thereafter, and within fourteen days before the commencement of each of such months. (2) By 13 Geo. 3. c. 78. (sec. 37.) the surveyor is required to give four days notice of the performance of statute-duty not compounded NOTICES. Statute Duty (performance). and days of next, at o'clock in the morning of each day, in order to perform such duty upon the high- day of 18 . To, &c. (Surveyor). Statute Duty 42. *Notice by Surveyor of High Roads for the compounding of (compounding). Statute Duty by Inhabitants. are hereby NOTICE is hereby given that all persons who are inclined to com- on the at the house of the Act made in the thirteenth year of his late Majesty King George Dated this day of November, 18 A. B. (surveyor). for; but by 54 Geo. 3. c. 109. he may require the inhabitants to pay a composition in lieu of statute-duty if he think fit. 43. *Notice by the Constable, &c. to a person having been chosen or named in a List of persons eligible to the office of Surveyor (1). NOTICES. Surveyor (liability). A. B. TAKE NOTICE, that you were at a meeting held at [insert the on the (1) By the 13 Geo. 3. c. 78. amended by 55 ib. c. 68. a list of at 13 Geo. 3. c. 78. least ten persons qualified to be surveyors of the high roads, (i. e. having lands or hereditaments in the parish in right of themselves or wives of the clear value of £10, or personal estate of the value of £100, or Occupiers of premises of the yearly value of £30, is required to be made on the 22nd of September, if not on a Sunday, by the constables, headboroughs, tithingmen, churchwardens, late surveyors of the highways and householders assessed to parochial or public rates, to be transmitted to one of the justices of peace of the district; who shall, within three days thereafter, give notice in the above form to the persons contained in such list, in order that they may attend at the next sessions to accept of their office, should either of them be appointed by the justices. It is to be observed however, that this list is only for the better guide of the justices in the appointment, as they may, if they think fit, elect a person not named in the list; see Rex v. Baldwin, 7 Durnf. and E. 169. NOTICES. Tithes (set out). 44. A Notice by the Owner of Land to the Parson, of the time of Setting out Tithe, and also for the Parson to remove them (1). REVEREND sir, I hereby give you notice, that I shall set out the tithe of all my wheat crops (or as the case may be) arising from my lands, situated in the Common Field of this parish or situated at, &c. upon, or as soon as conveniently can be after the day of next. And unless the same shall be carried off and removed within the space of two days thence next ensuing, if the weather permit, or if not, then as soon as may be thereafter, I shall seek such remedy as the law will afford me in that behalf. Dated this of To (the parson) of &c. (farmer.) day Transfer mort- 45. A Notice by the Transferree of a Mortgage Security to the gage. Mortgagor of such Transfer (2). SIR, I HEREBY give you notice, that I have by indenture bearing date Notice not by law requisite. Notice of trans fer proper to be given to mort gagor. (1) By 2 and 3 Ed. 6. c. 13. the parson is empowered to "view and see the tithes of the parish justly and truly set forth and severed from the nine parts;" and by the custom of some parishes, Kemp v. Fillwood, 11 East, 358. (although not so by the general law, 1 Roll. Ab. 643. pl. 1.; Gale v. Ewer, 4 Gwil. 1575; 1 Bart. Elem. Conv. 159. n. (2). 2nd Ed. reasonable notice must be given by the occupier or parishioner, of the time when he intends to set it out, after which the parson must, within a reasonable time (the reasonableness in both cases to be left to a jury) remove it from off the land; Mountford v. Sidney, 3 Bulst. 336. (2) It is proper that the transferree of a mortgage should give immediate notice to the mortgagor, that he has taken a transfer of the security, lest the mortgagor should pay the mortgage money to the original day of NOTICES. and made be- Transfer mort of the premises comprised in or expressed to be comprised in an in- situated at in the county of the payment of the sum of £ , for securing and interest, for which assignment [or conveyance] I have paid the sum of £ I therefore hereby require that the said sum of £ if paid, be paid to me, my executors, or administrators, instead of the said (mortgagee), his executors or administrators. Dated this day of To (the mortgagor) of, &c. (transferree.) mortgagee, which if he do without notice of such transfer, the payment will be good; Williams v. Sorrell, 4 Ves. 389; but after such notice he will be obliged to pay it to the transferree, he having covenanted with the mortgagee to pay it to him, his executors, administrators, or as signs. gage. |