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Oke's Synop. 2nd ed. p 374.

County of C.

34. Order directing Person to be excused.

We, two of her Majesty's justices of the peace for the to wit. said county, at a special sessions for the highways in the division of N. in the same county, assembled, do hereby, on the application of E. F., of -, in the parish of labourer, who is rated to the rate made for the maintenance of the highways of the same parish, and upon proof by him of his inability, through poverty, to pay or contribute towards any such rates or assessments (the surveyor of the said parish having been first summoned to appear on the part of the same parish), order and direct that the said E. F. shall be excused from the payment of the said rate, and we have accordingly struck out his name therefrom. Dated this day of 185-.

J. S. J. L.

35. Information by Surveyor against Owner of Lands refusing his Consent to allow Stones to be gathered thereon. (Id. s. 51.)]-Proceed in the General Form No. 1, ante, p. 23, then :-that by the statute in such case made and provided, he the said surveyor is authorized to gather stones lying upon any lands or grounds within the said parish, where the highways of which he is appointed surveyor are, for such service and purpose, and to take and convey away so much of the said materials, as by the direction of him the said surveyor shall be thought necessary to be employed in the amendment of the said highways, without making any satisfaction for the said materials, but making satisfaction for all damages done to the lands or grounds of any person or persons by carrying away the same in the manner by the said statute directed, but not without the consent of the owner of such lands or grounds, or a licence for that purpose from the justices at a special session for the highways, after having summoned such owner to come before them, and heard his reasons, if he shall appear and give any, for refusing his consent to the same, and that he the said surveyor hath applied to C. D., of the parish_of in the county of, the owner of the lands and grounds called within the said parish of, where the said highways are, and upon which large quantities and numbers of stones are lying, for his consent to gather such stones and to take and carry away so much and so many thereof as by the discretion of him the said surveyor shall be thought necessary for the purpose aforesaid, and that the said stones are necessary for the amendment of the said highways, and that he hath offered to make satisfaction to the said C. D. for all damage done to the said ur any other lands or grounds of the said C. D. by carrying away the same in the manner by the said statute directed, but that the said C. D. hath refused to give his consent to gather, take and carry away the said stones for the purpose aforesaid.

36. Summons to the Owner.]-Proceed in the General Form No. 8 (A.), ante, p. 26, reciting the information shortly thus:—that in pursuance of the statute in that case made and provided, he the said surveyor hath applied to you the said C. D., being the owner of the said lands and grounds called within the said parish of — where the highways are, of which he the said A. B. is appointed surveyor, and upon which large quantities and numbers of stones are lying, for your consent to gather such stones, and to take and carry away so much and so many thereof as by the direction of him the said surveyor shall be thought necessary to be employed in the amendment of the said highways, and that the said stones are necessary for that purpose, and that he hath offered to make satisfaction to you for all damages done to your said or

pur

any other of your lands or grounds, by carrying away the same in the Oke's Synop. manner by the said statute directed, but that you have refused to give 2nd ed. p. 374. your consent to gather, take and carry away the said stones for the pose aforesaid: These are therefore in her Majesty's name to command you the said C. D. to appear before such two or more of her Majesty's justices of the peace in and for the said county, acting in special sessions for the highways in and for in the said county, at

said and county of

on

the

day of

in the
at the

hour of then and there to give your reasons, if you have any, for refusing your consent as aforesaid.

37. Licence from Justices at Special Sessions to gather Stones upon inclosed

Lands. (Id. s. 51.)

To. A. B., the surveyor of the highways of the parish of in the said county of

Whereas on the day of

, one thousand eight hundred and

one of the surveyors of the highways of the parish of ——, in the county of -, exhibited an information before I. S., Esquire, one of her Majesty's justices of the peace in and for the said county, for that by the statute in such case made and provided, he the said surveyor is authorized to gather stones lying upon any lands or grounds within the parish where the highways of which he is appointed surveyor are, for such service and purpose, and to take and carry away so much of the said materials as by the discretion of him the said surveyor should be thought necessary to be employed in the amendment of the said highways, without making satisfaction for the said materials, but making satisfaction for all damages done to the lands or grounds of any person or persons by carrying away the same in the manner by the said statute directed, but not without the consent of the owner of such lands or grounds, or a licence for that purpose from the justices at a special sessions for the highways, after having summoned such owner to come before them, and heard his reasons, if he shall appear and give any, for refusing his consent, and that he the said surveyor had applied to C. D., of the parish of in the county of, the owner of the lands and grounds called situate within the said parish of —, where the said highways are, and upon which lands and grounds certain large quantities and numbers of stones were and are lying, for his consent to gather such stones, and to take and carry away so much and so many thereof as by the discretion of him the said surveyor should be thought necessary for the purpose aforesaid, and that the said stones were necessary for the amendment of the said highways, and that he had offered to make satisfaction to the said C. D. for all damages done to the said or any other lands or grounds of the said C. D. by carrying away the same in the manner by the said statute directed, but that the said C. D. has refused to give his consent to gather, take and carry away the said stones for the purpose aforesaid. And whereas the said C. D. hath been duly summoned to appear here this day before two of her Majesty's justices of the peace in and for the said county in special sessions for the highways in and for the said assembled, to give his reasons for refusing such his consent; and the said C. D. having appeared before us, J. S. and J. L., Esquires, two of the justices aforesaid, in special sessions for the highways assembled as aforesaid, accordingly, in pursuance of such summons, and not having given any sufficient reasons for refusing his consent in the premises, we therefore, the said last named justices, having heard evidence in the premises, and duly considered the same, are of opinion that the said materials are necessary, and ought to be gathered, taken and carried away from the said lands or grounds for the purpose aforesaid, and

Oke's Synop. do hereby give our licence to the said surveyor to gather, take and carry 2nd ed. p. 374. away as much and as many of the same stones, as by the discretion of him the said surveyor shall be thought necessary for the purpose aforesaid accordingly, he the said surveyor making satisfaction to the said C. D., and to any other person or persons, for all damages done to the said or any other lands or grounds, by carrying away the same in the manner by the said statute directed.

From Shelford, p. 222.

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38. Order for erecting Direction Posts and Guide Posts.
[Caption as in Form No. 13, ante, p. 367.]
To the surveyor of the highways of the parish of

(Id. s. 24.)

in the said

division. You are hereby directed and required forthwith to cause to be erected or fixed in the most convenient place upon the highway lying between and, within the said parish of - where two or more roads meet, a stone or post, with proper inscriptions painted on both sides thereof, in large legible letters, not less than one inch in height, and of a proper and proportionate breadth, containing and directing the towns of and [or other places, as the justices shall think most proper.] [Where graduated stones or posts are necessary to prevent accidents from floods, vary it thus in the most convenient place upon the highway at the approach or entrance on each side of the ford or water called -, at within your liberty, graduated stones or posts, denoting the depth of water in the deepest part thereof through which such highway passes.]

[See further as to what he may be directed to do. Id s. 24.] And yon are allowed to charge the reasonable expenses of providing and erecting the same in your accounts.

A. B.
C. D.

39. Order of Justices at Special Sessions for Surveyor to pay Money to Treasurer of Turnpike Trust. (4 & 5 Vict. c. 59, s. 1; 12& 13 Vict. c. 54). Adapted from Shelford, p. 231, and Form in Reg. v. Preston, 1 Magis. p. 67; 18 Law J. Rep. (N. S.) M. C. p. 4; 12 J. P. 836) (a).

[Caption as in Form No. 13, ante, p. 367.]

Whereas, on the day and year and at the special sessions aforesaid, information hath, pursuant to the authority in that behalf given in and by an act of parliament made and passed in a session of parliament held in the fourth and fifth years of the reign of her present Majesty, intituled, "An Act to authorize for one Year, and until the end of the then next Session of Parliament, the Application of a Portion of the Highway Rates to Turnpike Roads in certain cases," which act has been continued and extended by subsequent enactments, and is now in full force and operation, been exhibited before us the undersigned [names of justices], her Majesty's justices of the peace for the said county of and acting at the said special sessions in and for the said division in the same county, by A. B. of in the county of the clerk of the trustees named

(a) A notice from the clerk of turnpike to the surveyor of highways, and an information (which can be easily framed from the recital of it in this Form), precede this order. The order may be enforced as penalties under the 5 & 6 Will. 4, c. 50 (vide s. 2 of 4 & 5 Vict. c. 59), i.e. by distress, after complaint, summons, and inquiry.

and appointed in or by virtue of a certain act of parliament made and Oke's Synop. passed in a session of parliament held in the and years [title 2nd ed. p. 374. of local act], that a certain road from A. to B. was made under the authority of the said last-recited act; that the said road and additions are known as the Turnpike Trust; that the funds of the said trust are wholly insufficient for the repair of the turnpike roads comprised therein, part whereof lies and is situate within the [parish] of B. in the division and county aforesaid; that the said part of the said turnpike road so lying in the said [parish] of B. is greatly out of repair; and that notice in writing of the intention to exhibit the said information so exhibited to us as aforesaid was in pursuance of the said first-mentioned act given on the part of the said A. B. as such clerk as aforesaid to C. D. and E. F. the surveyors of the highways of the [parish] of B. duly appointed under or by virtue of an act made and passed in a session of parliament held in the fifth and sixth years of the reign of his late Majesty King William the Fourth, intituled, "An Act to consolidate and amend the Laws relating to Highways in that part of Great Britain called England," twenty-one days at least before this present special sessions; and the said A. B., as such clerk as aforesaid, prayeth the consideration of us the said justices in this behalf, and that we the said justices may adjudge and order that such portions of the rates or assessments levied or to be levied by virtue of the lastrecited act in the said [parish] of B. for the repairs of the highways therein, as to us shall seem meet, shall be paid by the said C. D. and E. F. as such surveyors of the highways as aforesaid, to G. H. of - in the county aforesaid, the treasurer to the trustees of the said be wholly laid out in the actual repair of such part thereof as lies in the said [parish] of B.; and now, after having, pursuant to the said information and the said first-recited act, examined the state of the revenues and debts of the said - Turnpike Trust, and inquired into the state and condition of the repairs of the roads within the same, and ascertained the length of the roads, including turnpike roads, within the said parish of B., and how much of such road is turnpike road, and having duly inquired into the allegations contained in the said information before recited [the said A. B. as such clerk, and also the said C. D. and E. F. as such surveyors of the highways as aforesaid, being present during such examination and inquiry in pursuance of the notice aforesaid], it appears to us, the justices above named and assembled at the said special sessions for the highways, that the inhabitants of the said [parish] of B. have been accustomed to repair all the public highways therein; that the several allegations contained in the said information are trne, and it also appears to us the said justices necessary and expedient for the purposes of the said Turnpike Trust to adjudge and order as hereinafter mentioned: Therefore we hereby adjudge and order a portion, that is to say, the sum of rate or assessment, levied or to be levied by virtue of the said last-recited act for the repairs of the highways therein, by the said C. D. and E. F. as such surveyors of the said [parish] of B. to be by them paid within days from the service hereof,

day of

ments, to wit, the sum of

Trust, to

of the

[or on or before the

next; or by two equal pay-
—, parcel thereof, on the
of next, and the residue thereof on the

day

day of

next],

Trust

to the said G. H. as such treasurer to the trustees of the said
as aforesaid, to be wholly laid out in the actual repair of such part thereof
as lies in the said [parish] of B. Given under our hands and seals at the
special sessions aforesaid."

[Justices' signatures and seals.]

Vide tit. "Poor," post, for Forms on appeals against rates.

Oke's Synop.

HUNDRED.

2nd ed. p. 374. 1. Examination before a Justice of Person, his Servant, damnified by Rioters, to be taken within Seven Days after Commission of Offence, in order to proceed for Damages either summarily or by Action." (7 & 8 Geo. 4, c. 31, s. 2.)

County of C.
to wit.

The examination of C. D., of the parish of in the hundred of C., in the said county [grocer], taken on oath this day of in the year of our Lord, at in the said county and hundred, before me, the undersigned, one of her Majesty's justices of the peace for the said county.

This deponent, C. D., on his oath saith as follows: [proceed to state the circumstance of demolishing the property, and when and where, and what was injured, and the names of the offenders, if known.]

C. D. Taken and sworn before me, the day and year and at the place first above mentioned.

J. S.

2. Recognizance to prosecute Offenders when apprehended. (Id.)]— This will be in the General Form, No. 43 (O. 1), ante, p. 273, stating the condition thus:-The condition of the within written recognizance is such, that whereas, on the day of - at the parish of in the hun

dred of C., in the said county of C. [state the demolishing of the property and offenders, as in No. 1, supra], if, therefore, he the said C. D. shall duly prosecute the said A. B. and E. F. and F. G. [or the said offenders] when apprehended, and do all other necessary acts and things incident to such prosecution, then the said recognizance to be void, or else to stand in full force and virtue.

3. Notice to the High Constable of a Hundred or other like District, or to the Peace Officer of a County of a City or Town, or of a Liberty, Franchise, City, Town or Place. (Given in Sect. 8 of Act.)

To the high constable [or to -, one of the high constables] of, &c. [or to, a peace officer of, &c.]

I hereby give you notice that I intend to claim compensation from the inhabitants of [here specify the hundred or other like district, or county of a city, &c., or liberty, franchise, &c. as the case may be], on account of the damage which I have sustained by means of [here state the offence, the time and place where it was committed, and the nature and amount of the damage]; and I hereby require you, within seven days after your receipt of this notice, to exhibit the same to some two justices of the peace of the county [riding or division] of - residing in or acting for the said hundred, &c. [or if in a liberty, franchise, &c. where the justices of the county, riding or division have no jurisdiction, then say, to some two justices of the peace of, naming the county of the city, &c.] in order that they may appoint a time and place for holding a special petty sessions to hear and determine my claim for compensation, by virtue of an act passed in the seventh and eighth years of the reign of King George the Fourth, intituled An Act for consolidating and amending the Laws in England relative to Remedies against the Hundred; and you are required to give me notice of the day, hour and place appointed for holding such petty session within three days after the justices shall have appointed the day of

same.

Lord

Given under my hand, this

in the year of our (Signed)

A.B.

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