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
do hereby give you notice that the inhabitants of the said (parish,
&c.) did at a vestry or public meeting, held on the

, one thousand eight hundred

, agree to

day of
take the benefit of the indulgence of three months for not perform-
ing their statute-duty given by the legislature in the Act passed
in the thirteenth year of the reign of his late Majesty King George the
Third, "For the Amendment and Preservation of the Highways,"
at the times following, videlicet: that they shall not be called upon
to perform such duty between the
the

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-
ways within the said
as shall be required by the sur-
veyor pursuant to the direction of the Act passed in the thirteenth
year of the reign of His late Majesty, King George the Third, "For
the Amendment and Preservation of the Highways,” (when per-
sonal labour is required add) and you are hereby required by your-
self or a sufficient labourer, to attend &c. Dated this

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-
pound for their statute-duty within the parish of
required to signify their intention to compound for the same, to
the surveyor of the highways for the parish of

on the

at the

house of
day of this instant November,
between the hours of
and
in the forenoon, and
they are hereby required at the same time or within the space of
one month after to pay their composition-money to the said sur-
veyor, and also that all persons who are liable to pay money for the
lands, tenements, woods, tithes or hereditaments, which they oc-
cupy or in lieu of their duty within the parish of
according to

the Act made in the thirteenth year of his late Majesty King George
the Third," For the Amendment and Preservation of the High-
ways," are required to pay the same to the said surveyor, on the
day or within the time aforesaid.

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
name of the parish, &c.) on the
day of
named as one of the persons to be returned to the justices as fit to
serve the office of surveyor for the said parish for the year ensuing,
and if you have any cause to shew why you should not be appoint-
ed to serve such office, you must make the same appear before the
justices at their special sessions to be holden at

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
the
day of
last, taken assignment [or conveyance]

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-
denture bearing date the
tween, &c. purporting to be a mortgage by you of certain premises

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.