tion of travellers, and travelling thereon will not be obviated by tides or Oke's Synop. otherwise And further, that one of the said diversions will join a certain 2nd ed. p. 397. proposed new highway at aforesaid, which is intended to extend to aforesaid to the said parish of

the highway leading from

the said county, whereby the access thereto will be greatly facilitated.

Given under our hands, this

day of

one thousand eight hundred and

in

in the year of our Lord

J. S.

J. L.

11. Certificate of two Justices that a new Roud is completed and in good Repair. (Id. s. 91.) Shelford, p. 240.

We, two of her Majesty's justices of the peace for the county to wit. S of —, acting in and for the said county, do hereby certify that we have this day viewed and surveyed a certain part of a new highway leading [here describe the road] [indicted] at the last general quarter sessions of the peace for the said county, [ordered to be set out and appropriated as a public highway], and that the said part of the said highway so [indicted] set out and appropriated as aforesaid, is now [completed and put into] in good condition and repair, and likely so to continue. Given under our hands and seals, this

County of

to wit.

day of

12. Allowance of Highway Rate. (Id. s. 27.)
We, two of her Majesty's justices of the peace in and for
the county of do consent and allow of the foregoing
assessment. Witness our hands this

day of

1850.

J. S.

J. L.

13. Recovery of Rates. Vide tit "Rates," post.

14. Complaint of Surveyor against Collector of Rates, for not paying to
Surveyor Monies remaining due from him (u). (Id. s. 38.)

County of The complaint of C. D., of the parish of in the said
county, one of the surveyors of the highways of the said
to wit.
parish, made to me the undersigned, one of her Majesty's
justices of the peace in and for the said county, this
day of —, in
the year of our Lord —, who saith, that A. B., of the said parish of
was heretofore duly appointed collector of the highway rates of the
said parish of [for the year then next ensuing] by and under the
statute in that behalf, and is now such collector; that on the

day of

;

last the said A. B., as such collector, delivered to the said C. D. an account of certain monies which he had received by virtue of his said appointment, and there then remained due upon such account from the said A. B. to the said C. D., as such surveyor as aforesaid, the sum of that the said C. D., on the day of last, by a notice in writing under his hand given to [or left at the usual place of abode of] the said A. B., required the said A. B. forthwith to pay to him the said C. D. the said sum of -, so remaining due from the said A. B. as such collector as aforesaid; and that although more than three days hath elapsed since the service of the said notice as aforesaid, yet the said A. B. hath neglected

(a) For not rendering an account, vide Form No. 5, tit. "Highways," ante, p. 124; for surveyor not accounting, Form No. 2, ante, p. 123.

Oke's Synop. 2nd ed. p. 397.

[or refused] to make payment thereof as aforesaid, and the same is still due.

15. Summons to Collector. (Id. s. 38.)]—This may be in the General Form, No. 8 (A), ante, p. 26, "to show cause why the said sum should not be recovered from you, according to the statute in that behalf made.”

16. Warrant of Distress. (Id.)

To the constable of and to all other peace officers in the said county of

Whereas on last past a complaint was made before J. S., Esquire, one of her Majesty's justices of the peace in and for the said county of —, by C. D., of the parish of in the said county, one of the surveyors of the highways of the said parish, that A. B. [here recite complaint, Form No. 14, supra, in past tense, to the end]: and now at this day, to wit, on the day of "" in the year of our Lord in -, in the said county of the parties aforesaid appear before us, J. L. and J. P., Esquires, two of her Majesty's justices of the peace in and for the said county,

at the

[or, if collector do not attend, the said C. D. appears before us, &c.,
but the said A. B., although duly called, doth not appear by
himself, his counsel or attorney, and it is now satisfactorily
proved to us on oath, that the said A. B. has been duly served
with the summons in this behalf issued by the justices first
named, which required him to be and appear here at this day
before such justices of the peace for the said county as should
now be here, to answer the said complaint, and to show cause
why the said sum should not be recovered from him, according
to the statute in that behalf made, and to be further dealt with
according to law;"]

and now having heard the matter of the said complaint, and it appearing
upon the confession of the said collector, A. B. [or it being duly proved
on oath before us, that the said complaint before recited is true, and] that
the said sum of remains due from the said A. B.; and the said A. B.
not showing to us any sufficient cause why the said sum should not be
recovered from him according to the said statute, we have determined and
do hereby determine that the said sum of shall be levied by distress
and sale of the goods and chattels of the said A. B., and in default of suf-
ficient distress in that behalf the said A. B. shall be imprisoned in the
in the said county, and there kept to hard labour for the
period of -, or until he shall sooner have paid the said sum of -
or compounded with the said C. D., the said surveyor, for such sum:
These are therefore, &c. [follow to end of Form No. 66, ante, p. 57.]

at

17. Commitment in Default of Distress.

To the constable of the parish of and to the keeper of the [house of correction] at in the said county of

Whereas on the day of last a complaint was made before &c. [reciting it as in the Distress Warrant No. 16, supra, then recite the hearing, the adjudication of distress, &c.]: And whereas we the said justices issued a warrant to the constable of the said parish of ——, commanding him to levy the said sum of by distress and sale of the goods and chattels of the said A. B. And whereas it appears to us, as well by the return of the said constable to the said warrant of distress as otherwise, that the said constable hath made diligent search for the goods and chattels of the said A. B., but that no sufficient distress whereon to levy the said sum could be found: These are therefore to command

Oke's Synop.

you, the said constable of to take the said A. B., and him safely to convey to the [house of correction] at aforesaid, and there deliver 2nd ed. p. 397. him to the said keeper, together with this precept; and we do hereby command you the said keeper of the said [house of correction] to receive the said A. B. into your custody in the said [house of correction], there to imprison him and keep him to hard labour for the period of until he shall sooner have paid the said sum of as aforesaid, or compounded with the said C. D., the said surveyor, for the same; and for your so doing this shall be your sufficient warrant. Given under our hands and seals, this day of in the year of our Lord

in the said county aforesaid.

J. L. (L. S.)
J. P. (L. s.)

or

at

18. Certificate of Justices of Highway, made by Individuals, &c., having been made in a substantial Manner, &c. (Id. s. 23.) No. 7 in Sched to act.]-We, two of the justices of the peace in and for the county of having viewed a certain highway lately made by A. B. in the parish of

in the said county, situate, &c. [describing its situation and extent], do hereby certify that the same has been made in a substantial manner, and of the width required by a certain 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 as in Form No. 1, ante, p. 436.] Dated this

day of

C. D.
E. F.

INCLOSURES.

1. Declaratian to be made by a Valuer before acting. (Given in 8 & 9 Id. P. Vict. c. 118, s. 38.)]-I, do solemnly declare that I will faithfully, impartially and honestly, according to the best of my skill and judgment, perform all the duties of a valuer in the inclosure of, according to the provisions of an act passed in the year of the reign of her Majesty Queen Victoria, intituled

- (a).

The Jurat may be as in the solemn declaration, tit. “Oaths," post.

2. Justices' Certificate of Formation and Completion of Roads under Local Inclosure Act or General Act. (Id. s. 67, and 41 Geo. 3, c. 109, 8. 9.)]-Whereas the commissioners appointed by virtue of an act of parliament passed in a session of parliament held in the [first and second] years of the reign of her present Majesty, intituled " An Act," &c. [title of local act], did in pursuance of the powers and directions of the said act set out and appoint,

[or whereas C. D., the valuer duly appointed and acting in the matter
of the inclosure of -, in the division of, in the said
county of, hath, in pursuance of the instructions duly given
to him in that behalf, and of the statute passed in the ninth year
of the reign of her present Majesty, intituled " An Act," &c. (a),
set out and made,]

by

the several public carriage roads, through and over the lands and grounds
directed to be divided, allotted and inclosed in the said parish of
[or in pursuance of] the said act, hereinafter described, that is to say,

(a) The title of the 8 & 9 Vict. c. 118, is :-" An Act to facilitate the Inclosure and Improvement of Commons and Lands held in Common, the Exchange of Lands, and the Division of intermixed Lands, to provide Remedies for defective or incomplete Executions, and for the Non-execution of the Powers of General and Local Inclosure Acts, and to provide for the Revival of such Powers in certain Cases."

397.

Oke's Synop. 2nd edit. p. 397.

[one public carriage road, &c. [set it out] as in award,
one other public carriage road, &c.]:
Now we whose names are hereunto subscribed, being two of her Majesty's
justices of the peace acting in and for the said county of -, in which
the lands so to be inclosed is situate, having viewed the said several
public carriage roads set out and made as aforesaid, do hereby certify
that the same have been and are severally and respectively fully and
sufficiently formed and completed.

Given under our hands and seals, this
our Lord, at in the county of
[Signatures and seals

day of ——,
aforesaid.

in the year of

of two or more justices.]

at

LANDLORD AND TENANT.

the

1. Notice of Owner's intention to apply to Justices to recover Possession. (In act 1 & 2 Vict. c. 74.)]—I, [owner, or agent to owner, as the case may be, do hereby give you notice, that unless peaceable possession of the tenement [shortly describing it], situate which was held of me [or of the said as the case may be], under a tenancy from year to year [or as the case may be], which expired [or was determined by notice to quit from the said or otherwise, as the case may be], on the tenement is now held over and detained from the said

day of

and which be given to

next, the

day

[the owner or agent] on or before the expiration of seven clear days from the service of this notice, I, -, shall, on of, at of the clock of the same day, at apply to her Majesty's justices of the peace acting for the district of (being the district, division or place in which the said tenement or some part thereof is situate) in petty sessions assembled, to issue their warrant directing the constables of the said district to enter and take possession of the said tenement, and to eject any person therefrom.

Dated this

day of

to

To Mr.

2. Complaint before two Justices after Notice and at Hearing. (Id.)] -The complaint of A. B. owner [or agent, as the case may be], made before us, two of her Majesty's justices of the peace, acting for the district of in petty sessions assembled, who saith that the said A. B. did let a tenement, situated in the said district, consisting of - for under the rent of ——, and that the said tenancy expired [or was determined by notice to quit given by , as the case may be], on the day of the said A. B did serve on [the tenant overholding] a notice in writing of his intention to apply to recover possession of the said tenement (a duplicate of which notice is hereto annexed) by giving, &c. [describing the mode in which the service was effected ], and that notwithstanding the said notice, the said refused [or neglected] to deliver up possession of the said tenement, and still detains the same.

and that on the

day of

Taken the

day of

before us.

(Signed)

3. Warrant to Peace Officers to take and give Possession.

Whereas complaint hath this day been made before us J. S. to wit. and J. L., Esquires, two of her Majesty's justices of the peace

of

acting for the district of, in petty sessions assembled, by A. B.
owner [or agent to the owner], who saith that [set forth the com-
plaint to the end, we, two of her Majesty's justices of the peace, in petty
sessions assembled, acting for the
do authorize and com-
mand you, on any day within [not less than twenty-one nor more than
thirty clear days from the date of this warrant] days from the date
hereof (except on Sunday, Christmas Day and Good Friday), between
the hours of nine in the forenoon and four in the afternoon, to enter (by
force if needful), and with or without the aid of the owner [or agent, as
the case may be], or any other person or persons whom you may think re-
quisite to call to your assistance, into and upon the said tenement, and to
eject thereout any person, and of the said tenement full and peaceable
possession to deliver to the said
[the owner, or agent].
day of

Given under our hands and seals this
To A. B., and all other constables and peace
officers acting for the

district of within which the said tenement

is situate.

4. Information or Request of Landlord for Possession where Tenant deserted Premises leaving Rent due. (11 Geo. 2, c. 19, s. 16; 57 Geo. 3, c. 52 (a).)

The information and complaint of C. D., of the parish of to wit. in the county of, taken this thousand eight hundred and

situate in the said parish of

one

day of who saith, that the said C. D. did demise at rack rent the messuage, lands or tenement now or late called in the county of - - aforesaid, and that A. B., of the said parish of -, farmer, is the tenant holding the same at such rack rent; and that on the day of last past there was in arrear and due unto him the said C. D. from him the said A. B., tenant of the said demised premises, one whole year's rent thereof, and that he the said A. B. hath deserted the said demised premises, and left the same unoccupied, so that no sufficient distress can be had to countervail the said arrears of rent; whereupon he the said C. D. doth request us the undersigned E. F. and G. H., Esquires, two of her Majesty's justices of the peace for the said county, to go and view the said premises, and affix on the most notorious part thereof notice in writing on what day we would return to take a second view, in order that a due remedy may be provided in the premises, according to the statute in that case made and provided.

Taken before us the day and year first above written.

C. D.

Oke's Synop.

2nd ed.

pp. 397, 398,

E. F.

G. H.

5. Notice to be affixed on Deserted Premises.

To A. B. [the tenant].

Take notice, that upon the complaint of C. D. of &c. made unto us the undersigned, two of her Majesty's justices of the peace for the county of, that you the said A. B. have deserted the messuage, lands or tenement, now or late called - situate in the said parish of -} in the said county of unto you demised at rack rent by the said C. D., and that there is in arrear and due from you unto the said C. D. one whole year's rent for the said demised premises, and that

(a) This and the Forms No. 5 and 6, infra, are from J. Stone's Petty Sessions by Westoby, 5th ed. p. 395–397.