mentioned, do consent and authorize the surveyor of the highways of the Oke's Synop. parish of within named, to dig, take, and carry away out of and 2nd ed. p. 374. from the said lands the materials required for the purpose within men, tioned, the said surveyor making satisfaction for the same, and also for the damage done to such lands, in the manner directed by the act of parliament in that behalf. Dated the day of Witness, N. Ó. I, L. M., the occupier of the lands within mentioned, do also give the like consent and authority. L. M. 23. Licence from Justices at Special Sessions to dig, &c. Materials. (Id. s. 53). In Sched. to Act. To the surveyor of the parish of in the hundred of in } Whereas by an act passed in the fifth and sixth years of the to wit. reign of King William the Fourth, intituled "An Act," &c. [here set out title of act,] the surveyor is authorized to dig, get, take, and carry away materials lying upon any lands or grounds within the parish for which he is appointed, for the use and benefit of the highways, but not without the consent of the occupier or owner of such lands or grounds, or his agent, or a licence from the justices at a special sessions for the highways: And whereas it appears to us, her Majesty's justices of the peace for the said county, and acting within the said [hundred, &c.] at a special sessions for the highways assembled, upon the oath of C. D. the said surveyor [or one of the surveyors], that he hath applied to A. B. of for his consent to dig, get, take, and carry away materials from the lands called or known by the names of and in his occupation [or of which he is the owner, or in the occupation of J. K., or of which J. K. is the owner, and the said A. B. his agent] within the said [parish, &c.] for the purposes aforesaid; and that the said materials are necessary for the repairs of the highways, and that the said A. B. hath refused to permit the same to be dug, got, taken, and carried away; and the said A. B. having been duly summoned to appear before us to show cause why such permission should not be granted, and having appeared before us accordingly [or having sent his steward or agent, or C. D. on his behalf, to attend us on that occasion, or but not having appeared], we have heard what has been alleged, and taken the said matter into consideration, and are of opinion that the said materials are necessary and ought to be dug, got, taken, and carried away for the purposes aforesaid: Therefore we do hereby give our licence to the said surveyor [or surveyors] to dig, get, take, and carry away the same accordingly, the said surveyor making satisfaction for the same, and also for the damage done to such lands, in the manner directed by the said act. Given under our hands the one thousand eight hundred and day of J. P. K. P. 24. Licence from Justices at a Special Sessions to get Materials in another Parish. (Id. s. 54). In Sched. to Act. in the At a special session for the highways held at to wit. hundred, &c. of day of It appearing to us, upon evidence this day received, that sufficient materials cannot conveniently be had within the waste lands, com Oke's Synop. 2nd. ed. p. 374. See plan. mon grounds, rivers, or brooks, nor in the inclosed lands or grounds, lying within the [parish, &c.] of in the said hundred, for the repairs of the highways within the said [parish], nor in the waste lands, common grounds, rivers, or brooks, within the [parish] of adjoining to the said [parish] of we do hereby give our licence to the surveyor [or surveyors] of the said [parish] of, to search for, dig, get, and carry materials within the inclosed lands or grounds of C. D. within the said [parish] of to be employed in the repair of the highways within the said [parish] of, it appearing from evidence before us that there are proper materials within the said lands for the purposes aforesaid, lying convenient to the said highways, and that after such materials shall be so taken there will be sufficient left for the use of the highways within the said parish of —, upon the said surveyor [or surveyors] making satisfaction for the same, and also for the damage done to snch lands, in the manner directed by the act made and passed in the fifth and sixth years of the reign of King William the Fourth, intituled "An Act," &c. [here set out title of act,] subject to such restrictions as are therein contained. Given under our hands the day and year above written. J. P. R. P. 25. Information to enable Justices to fix Boundaries of Highway lying in two Parishes. (Id. s. 58.) Given in Act, No. 12. County of At a special sessions for the highways holden &c., J. S., the surveyor [or one of the surveyors] of the parish of A., came before the justices aforesaid and informed them that there is in the said county a certain common highway leading from M. to N., and that there is a certain part of the said highway, that is to say, so much thereof as lies between a certain place called C. and a certain other place called D., being in length -[as the case may be], one side of which last-mentioned part of the said highway adjoining to the parish of A. lies within the said parish of A., and is to be, and of right ought to be, repaired by the said parish of A. [or by &c., describing the body politic or corporate, or person, liable to the repair]; and that the other side of the same part of the said highway adjoining to the parish of B. lies within the parish of B., and is to be, and of right ought to be, repaired by the said parish of B. [or by &c.], and stating that the repair of the said highway is very inconvenient to the parishes aforesaid, and the want thereof detrimental to the public; and therefore praying that such part of the said highway may be allotted and apportioned for the repair thereof, by the justices aforesaid, to the said several parishes of A. and B. [or to &c.], in the manner directed by an act passed in the fifth and sixth years of the reign of King William the Fourth, intituled "An Act," &c. [set out title of act.] (Signed) J. S., one of the surveyors of parish of A. The above application was made to us the day and year first above written. J. P. R. P. 26. Summons to be subjoined to a Copy of the above Information. (Id.) Given in Act, No. 13. To the surveyor [or surveyors] of the parish of B. in the said county, any or either of them. County of Whereas a certain information has been given to us, her Majesty's justices of the peace for the said county, at a special sessions for the highways, by J. S. the surveyor [or one of the sur of veyors] of the parish of A. in the said county, a true copy whereof is above Oke's Synop. written: These are, in her Majesty's name, to summon you, any or either 2nd ed. p. 374. you, to appear before us at — in the said county, on the day of to show cause (if any) why an allotment and apportionment of the highways therein mentioned should not be made according to the provisions of the act referred to in the said information. Herein fail not. Given under our hands, this day of J. P. K. P. 27. Final Order and Adjudication, to be filed with the Clerk of the Peace. (Id.) Given in Act, No. 14. Whereas &c. 1. State the original application. 2. The summons. 3. The appearance, and that the parties were heard, or their non-ap pearance. Now we, the justices aforesaid, having fully heard and understood the premises, do declare, adjudge and order that the said highway shall be divided in the following manner, (that is to say) that at the distance of measuring from the place called C., there shall be erected certain posts or stones, E. and F., on each side of the said highway, and the whole of the said highway from the place called C. to such posts or stones shall be from time to time, and at all times hereafter, repaired by the parish of A. [or by &c.], and the whole of the said highway from such posts or stones, to the place called D., shall from time to time, and at all times hereafter, be repaired by the parish of B. [or by &c.] In witness whereof we have hereunto set our hands, this of day J. P. (L. s.) 28. Summons to show cause why a Highway, repaired ratione tenure, &c. To A. B., surveyor of the highways of the parish of in the Whereas application has been made to me, J. P., one of her Majesty's justices of the peace for the said county, by E. F. of the parish of for the purpose of making the following highway a parish highway, and to be repaired in future by the surveyor of the said parish, (that is to say) a certain highway situate in the said parish, and called highway, (and to the repair of which the said E. F. is now liable, by reason of his tenure of certain lands and tenements, situate at O. aforesaid,) [or as the case may be, describing the highway particularly]: These are therefore to require you personally to appear before the justices to be assembled at the next special sessions for the highways, to be holden at in the said county, &c., on the day of at the hour of noon, &c. in order that the justices may then and there proceed to determine the matter in respect of which the said application has been so made as aforesaid by the said E. F., who is likewise directed to be then and there present, to make good the same. Herein fail not. Given under my hand this day of in J. P. Oke's Synop. 2nd ed. p. 374. 29. Order thereon. (Id. s. 62.) From Shelford, p. 226. [Caption as in Form No. 13, ante, p. 367.] Whereas &c. [state the original application, summons and the appearance, and that the parties were heard on their non-appearance. See the last form, and No. 27, ante, p. 373 (14 in Act)]: Now we, the said justices, having fully heard and understood the premises, and proceeded to hear the said parties and their witnesses, and to examine and determine the matter, have decided, and we dɔ hereby decide, adjudge and order that the said highway shall become and be a parish highway, and be from time to time, and at all times hereafter, repaired by the surveyor of the parish of O. aforesaid; and we do, by this order under our hands (in pursuance and in exercise of the power vested in us by the said acts), fix, determine and order that the sum of shall be forthwith paid by the said E. F. to the surveyor of the highways of the parish of O. aforesaid, in full discharge of all claims hereafter in respect of the repairs of the said highway; such sum to be recovered, applied and disposed of according to the directions of the said act [or as the case may be]. In witness whereof we have hereunto set our hands, this day of 18-. J. P. K. P. 30. Application on Oath to One Justice by Surveyor for Summons to Owner to show cause why his Hedges, &c., are not cut. (Id. s. 65.)]—Proceed as in General Form of Complaint, No. 1, ante, p. 23, then :—that a certain carriageway [or cartway] situate in the said parish, leading_from to, is prejudiced by the shade of certain hedges of C. D. on the right hand side of the said carriageway [or cartway], and extending from -to and by divers trees of the said C. D. on the same side of the said carriageway [or cartway], and adjoining thereto (not being trees planted for ornament or for shelter to any hop ground, house, building, or courtyard of the said C. D.), and growing in and near such hedges of the said C. D., whereby the sun and wind are excluded from such carriageway [or cartway] to the damage thereof. 31. Summons to the Owner to appear at Special Sessions. (Id.)]—Proceed as in the General Form, No. 8 (A.), ante, p. 26, reciting the application, No. 30, supra, and instead of “to answer, &c." say-to show cause why the said hedges are not cut, pruned, or plashed, and such trees not pruned or lopped in such manner that the said carriageway [or cartway] may not be prejudiced by the shade thereof, and that the sun and wind may not be excluded from such carriageway [or cartway] to the damage thereof. 32. Order (a) for Owner of Land to prune Hedges and cut down Trees. (Id. s. 65.) From Shelford, p. 223. [Caption as in Form No. 13, ante, p. 367.] day of last, Whereas application and complaint was, on the made on oath before J. S., Esquire, one of her Majesty's justices of the peace in and for the said county of C., acting in and for the said division, by A. B., surveyor of the highways of the parish of - —, in the said county and division, that a certain, &c. [recite application, No. 30, supra, to the end, then :] And whereas it hath been duly proved before us, the (a) If this order be not obeyed, the surveyor will have to lay another information, and the justices in special sessions make another order for levying the expenses of cutting, &c. undersigned, the justices present at the said special sessions, that the said [or, and whereas the said C. D. having this day appeared before us and the said offence having been fully proved before us upon the oath of land on which the same are situate, and that all such trees as grow in and near such hedges in the lands of the said C. D., adjoining the said carriageway [or cartway] (not being trees planted for ornament or for shelter to any hop ground, house, building, or courtyard of the said C. D.), be pruned or lopped, so that the said carriageway [or cartway] shall not be prejudiced by the shade thereof, and so that the sun and wind may not be excluded from such carriageway [or cartway] to the damage thereof: And we do further order, that in case the said C. D. shall not comply with this order within ten days after a copy of this order shall have been left at the usual place of abode of the said C. D., or of his steward or agent, that then the said A. B., the surveyor aforesaid, do cut, prune, or plash such hedges, and prune or lop such trees in manner directed by this order, to the best of his skill and judgment, and according to the true intent and meaning of the" Act to consolidate and amend the Laws relating to Highways in that part of Great Britain called England," and proceed against the said C. D. immediately afterwards for recovery of the penalties and charges he will thereby incur. Given under our hands and seals the day and year first above written. C. D. (L. S.) 33. Justices' Notice to Surveyor to show cause why a poor Labourer should not be excused from Highway Rates. (Id. s. 32.) From Shelford, p. 213. To Mr. A. B., surveyor of the highways within the [parish] of · in the said county. } Whereas E. F. of in your [parish], labourer, hath this to wit. day made complaint on oath to us, two of her Majesty's justices of the peace in and for the said county, at a special sessions for the highways assembled, that he wholly gains his livelihood by daily labour, and that, by reason of his numerous family, he is in very poor and indigent circumstances, and utterly unable to pay or contribute towards any rates or assessments for or in respect of any highways within the said parish, and hath prayed of us, the said justices, that he may be excused from paying the same: We, the said justices, do therefore hereby give you notice to appear before us at, in the said county, on — the day of at our special sessions for the highways, to be then and there held, to show cause why the said E. F. should not by us be adjudged to be excused from the payment of such rates or assessments accordingly. Given under our hands and seals, this in the year of our Lord at day of [Justices' signatures and seals.] Oke's Synop. 2nd ed. p. 374. |