FORMS. at the meeting aforesaid, do agree in the choice of A. S. as a fit person to serve the office of surveyor for the [insert the parish, &c.] aforesaid, and in the allowance to him of for his trouble in executing the same for the year ensuing; and we do recommend the said A. S. to the justices for their appointment accordingly. (No. 40.) Notice to the per the list (a). A. B., take notice, that you were, at a meeting held at [insert the name of the sons contained in 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, &c.] for the year ensuing; and if you have any cause to shew why you should not be appointed to serve such office, you must make the same appear before the justices, at their special sessions, to be holden at , on the day of next. Appointment of a County ofsurveyor (b). , by jus At a special sessions, held at in the [hundred] of 18 WE do hereby nominate and appoint A. B., of [insert the name of the parish, &c. where he lives] in the said [hundred], surveyor, [or, surveyors] of the highways within the said [parish, &c.] for the year ensuing (c): And you the said A. B. are faithfully and truly to execute the said office of surveyor, according to the directions of the statute passed in the thirteenth year of the reign of his late Majesty king George the third, For the amendment and preservation of the highways; an abstract of the material parts of which statute is hereunto annexed. Given under our hands and seals the day and year above mentioned. Bond from the surveyor (d). (No. 42). WE, A. B. surveyor of the highways for the [parish, township, &c.] of , and C. D., of are bound to E. F., of aforesaid, in the sum of pounds, to be paid to the said E. F., his executors, administrators, or assigns; for which payment we hereby bind ourselves severally, and each of our heirs, executors, and administrators. Dated the day of 18 The condition of this bond is such, that if the said A. B., his executors, or administrators, shall duly and faithfully account for, apply, and pay, all and every the sum and sums of money which shall come to his hands, as surveyor of the highways for the [parish, &c.], according to the direction and true intent and meaning of the statute made in the thirteenth year of the reign of his late Majesty king George the third, For the amendment and preservation of the highways, then this bond to be void, or else to remain in full force. (No. 43). Appointment of an Middlesex.-At a special sessions, held at in the [hundred] of by justices assistant to the of the peace for the said county, acting within the said [hundred], on the surveyor (e. day of ,18 WE do hereby nominate and appoint C. D., a substantial inhabitant of the [parish, &c.] of in the said [hundred], assistant to A. B., whom we have appointed surveyor of the highways for the said [parish, &c.]; And you the said C. D. are, to the best of your skill and judgment, to assist the said surveyor, whenever requested by him, in calling in and attending the performance of the statute duty, in collecting the compositions, fines, penalties, and forfeitures, and in making and collecting the assessments, and in making out and serving the notices authorized by 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, and in such other matters and things as shall be reason. ably required of you by the said surveyor, in the execution of the office of surveyor, pursuant to the said act; and you are justly and truly to account with, and pay to the said surveyor, or to his order, the money which shall come to your hands by the means aforesaid. Given under our hands and seals, the day and year above men tioned. FORMS. (No. 44). I A. B. do swear, that the accounts now produced and delivered by me, as surveyor of the highways for the [parish &c.] of for the last year, are just and true, to the best of my knowledge. So help me God. Oath to be ad- surveyor upon Middlesex.-WHEREAS complaint hath been made unto me, A. B., esquire, one of his Majesty's justices of the peace for the said county, by the oath of , surveyor of the highways for the parish of in the said county, that C. D. of, having had due notice to cut and prune his hedges, and cleanse and scour his ditches and watercourses, within or adjoining to the public highway between and , in the said parish of hath neglected to do the same within the time required by such notice; and that the said hath caused the same respectively to be cut, pruned, cleansed, and scoured, pursuant to the directions 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, and hath expended therein the sum of as appears by an account now produced to me, which I think a reasonable charge, and do therefore allow the same, and hereby order the said C. D. to pay the said sum of to the said within six days from the time of his being served with this order. hand and seal, this day of Given under my Allowance of the Allowance of ex penses, &c., of repaid by the pos- (No. 47). See the form, post, (No. 50), and a variety of others, relating to the office and Notices from surduty of surveyors, in the general list of forms, ante, 85, 86. veyors to remove County of Lord at (No. 48). BE it remembered, that, on the day of in the year of our J. S. came before me W. H., one of his Majesty's justices of the peace in the said county, and informed me that W. B., of the hamlet or division of B., in the township of C. in the said county, (farmer), was surveyor of the highways within the said hamlet, for the year ending at Michaelmas last past; and that afterwards, to wit, on the day of now last past, at O., in the county aforesaid, a certain book of accounts of the said W. B. as such surveyor, and certain assessments for repairs of the said highways, were settled and allowed by J. H. clerk, and J. W. esquire, two of his Majesty's justices of the peace in and for the said county, pursuant to the statute in such case made and provided; and that afterwards, to wit, from thenceforth to the time of exhibiting the said information and complaint, there was a churchwarden and overseers of the poor, to wit, J. J., churchwarden, and L. M. and N. P., overseers, duly appointed in and for the township of C. aforesaid, including the said hamlet or division, and that the said (a) The act gives this form, see ante, 57. (b) The act gives this form, see ante, 57. (e) The act gives this form, see ante, VOL. III. I 55, 57. (d) See a form in Paley on Convictions. See the act, ante, 57. ་ FORMS. Information and conviction, on 13 Geo. 3, c. 78, s. 55, for driving a cart with wheels of improper breadth (a). Notice from surveyor to remove nuisances and ob cut hedges, &c., on 13 Geo. 3, c. 78, s. 7 (b). W. B., during all the time last aforesaid, neglected to transmit and deliver to such churchwarden and overseers, or any or either of them, the said book and assessments so settled and allowed as aforesaid, contrary to the form of the statute in such case made and provided. Whereupon, &c. [conclude as in the form of conviction given by the act, post, (No. 80).] See the forms of Information, Warrant of Distress, &c., given by the act, post, (No. 78) to (No. 84), and which may be readily framed to meet the offence contained in the above conviction]. IX. Forms of Summary Proceedings for Nuisances, &c. to Highways. (No. 49). The 13 Geo. III. c. 78, gives the formal parts of the information and conviction, which will be found post, (No. 79, 80). The offence may be stated thus:]-That on &c. at the [parish] of &c., C. D., of in the said county, (farmer), being then and there the owner of a certain [waggon], having the sole and bottom of the fellies of the wheels thereof of the breadth of inches, and E. F., of in the said county, (labourer), being then and there the driver of the said waggon, the said E. F. did then and there drive the said waggon upon a certain highway there situate, (not being a turnpike road), the said waggon being then and there drawn by horses, being [two] horses more than are limited and allowed by the statute in that behalf; contrary to the statute made in the thirteenth year of the reign of his late Majesty king George the third, For the amendment and preservation of the highways. you (No. 50). To C. D., of IN pursuance of the directions given by the act passed in the thirteenth year of the reign of his late Majesty king George the third, For the amendment and preservation structions, and to of the highways, I, A. B., surveyor of the highways for the [parish &c.] of do hereby give you notice, forthwith to remove the dung, [timber, stone, &c.] placed by in a certain part of the king's highway, lying between and in the parish &c.] of to the obstruction and annoyance of the said highway: [or, forthwith to cut, prune, and plash the hedges, and cut or prune the trees, and to open, cleanse, and scour the several ditches and watercourses, belonging to you] in or near the highway lying between and to the intent that the water may be drained from the said highway, and that the sun and wind may not be excluded from such highway, to the prejudice thereof. Dated this day of for the said county, acting within the said [hundred]. cut down trees, on same act (c). to wit. WHEREAS complaint hath been made unto us by A. B., surveyor of the highways of the parish that A. O., of the said [parish], hath had notice from him to cut, prune, and plash his hedges adjoining, and to cut down or to prune and lop the trees growing in and near such hedges, in such manner that the highways may not be prejudiced by the shade thereof, and that the sun and wind might not be excluded therefrom to the damage thereof (pursuant to the statute made in the thirteenth year of the reign of his late Majesty king George the third), but that he hath not complied with such notice, or with the requisites of the said act. And whereas the said A. O., having been duly summoned to answer the said complaint, hath made default in his appearance. Now we, upon duly considering the circumstances of the case, do order, that such hedges be cut, plashed, and pruned, so as not to exceed the height of , from the surface of the field, and that all such trees as grow in and near such hedges, in the grounds occupied by the said A. O., near the said highway, be cut down, or be pruned and lopt, so that the sun and wind may not be excluded from such highway; and we do further order, that in case the said A. O. (a) See the provisions, ante, 59. See form, Arch. Forms of Convictions, 214. (b) The act gives this form, see ante, 61. (c) See the act, ante, 61. shall not obey this order within ten days from the date hereof, that then A. B., the said surveyor, do cut, prune, and plash such hedges, and cut down or prune and lop such trees, in manner directed by this order, and proceed against the said A. O. 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. FORMS. that hundred and, the undersigned surveyor of the highways of the [parish] of in the said county, informeth and maketh oath before me, J. P., esquire, one of his Majesty's justices of the peace acting in and for the said county of 4. O., of in the said county, (farmer), having had due notice to cut, prune, and plash his hedges, cut, prune, or lop the trees, and open, cleanse, and scour his ditches and watercourses, within or adjoining to the public highways in the said first abovenamed [ parish], as well as to remove the soil or earth dug out thereof, hath neglected to do the same within the time limited by law and required by such notice, contrary to the statute made in the thirteenth year of the reign of his late Majesty king George the third, For the amendment and preservation of the highways, which hath imposed a forfeiture of ten shillings for the said offence. Taken and sworn the day and year above written, before me, J. P.S (No. 53). County of To all constables, tithingmen, and others his Majesty's officers of the in the WHEREAS complaint and information have been made upon oath before me, one of his Majesty's justices of the peace in and for the said county of by the surveyor of the highways of the [parish] of in the said county, that A. O., of county aforesaid, (farmer), having had due notice to cut, prune, and plash his hedgès, cat, prune, or lop the trees, and open, cleanse, and scour his ditches and watercourses, within or adjoining to the public highways in the said first above-named [parish], as well as to remove the soil or earth dug out thereof, hath neglected to do the same within the time limited by law and required by such notice, contrary to the statute made in the thirteenth year of the reign of his late Majesty king George the third, For the amendment and preservation of the highways, which hath imposed a forfeiture of ten shillings for the said offence. These are therefore to require you, in his Majesty's name, to summon the said offender to appear before me, and such others of his Majesty's justices of the peace for the said county of as shall be present in in the said county, on the day of instant, at the hour of in the forenoon, to answer to the said complaint and information. Herein fail not, as also to make due return hereof at your peril. Given under my hand, this day of one thousand eight hundred and at the (No. 54). J. P. The 13 Geo. III. c. 78, gives a general form of information and conviction which will here apply and will be found, post, (No. 79,80). This offence may be stated thus:] -That C. D., of, in the said county, (farmer), on the day of, in the year aforesaid, at the [parish] of in the county aforesaid, being then and there the owner of a certain (birch) tree, standing and growing in a certain highway there situate, called, within the distance of fifteen yards from the centre of the said highway, and planted after the year of our Lord one thousand seven hundred and seventy-four, to wit, in the year did not cut down, grub up, or carry away the said tree, within ten days after notice to the said C. D. by A. B. the surveyor of the said highway given in that behalf, but wholly neglected so to do, contrary to the statute made in the thirteenth year of the reign of his late Majesty king George the third, For the amendment and preservation of the highways, which hath imposed a forfeiture of 10s. fer the said offence, &c. (a) See the act, ante, 61. (b) See the form, Arch. Forms of Commitments, 213. See the act, ante, 60. Information of Summons for like offence (a). Information and conviction, on 13 Geo. 3, c. 78, s. 6, for allowing trees to grow within fifteen yards of centre of highway (b). FORMS. Information and conviction for not Scouring ditches adjoining a highway, under 13 Geo. 3, c. 78, s. 8 (a). (No. 55). The 13 Geo. III. c. 78, gives a general form of information and conviction, which will apply here and be found post, (No. 79, 80). State this offence thus:]-That C. D., of &c. (farmer), on &c., at &c., aforesaid, occupying then, and from thence hitherto, certain lands, adjoining to a certain highway there situate, through which lands the water hath used to pass from the said highway, did not, after ten days' notice to the said C. D. by A. B. the surveyor of the said highway duly given in that behalf, or at any time before the expiration of the said notice, open, cleanse, and scour the ditches, watercourses, and drains, for such water to pass without obstruction, but therein made default; contrary to the statute made in the thirteenth year of the reign of his late Majesty king George the third, For the amendment and preservation of the highways, which hath imposed a forfeiture of 10s. for the said offence, &c. (No. 56). Warrant of distress for a like offence. Order of a justice to make new drains, on 13 Geo. 3, c. 78, s. 13 (b). To the constable of the parish of in the county of · FORASMUCH as A. O., of the [parish] of in the said county of to wit. is convicted before me J. P. esq. one of his Majesty's justices of the peace in and for the said county; for that he the said A. O. (being the occupier of lands next adjoining to the common highway in the said [ parish] of and liable to cleanse, open, and scour the ditch and drain lying between the said common highway and the lands so occupied by the said A. O. as aforesaid, in order to drain and keep dry the said common highway next unto such ditch as often as occasion should be, and having had due and legal notice from A. B. the surveyor of the said [ parish] to open, cleanse, and scour the said ditch or drain so adjoining to the said highway as aforesaid), hath for the space of ten days after such notice, neglected, refused, and made default in opening, cleansing, and scouring the said ditch or drain adjoining to the said highway in the said [ parish] of whereby he hath forfeited the sum of ten shillings. These are, therefore, in his said Majesty's name, to command you to levy the said sum of ten shillings by distress of the goods of him the said A. O.; and if within the space of five days next after such distress by you taken, the said sum of ten shillings, together with the reasonable charges of taking and keeping the said distress, shall not be paid, that then you do sell the said goods so by you distrained, and, out of the money arising by such sale, that you do pay the said sum of ten shillings to him the said surveyor, to be employed in such manner as the statute in that case directs, returning to him the said A. O. the overplus upon demand. der my hand and seal this day of in the year of our Lord (No. 57). Given un J. P. (L. s.) To C. D., of , surveyor of the highways for the [parish &c.] of Middlesex. WHEREAS complaint hath been made to me, A. B. esquire, one of his Majesty's justices of the peace for the said county, that the ditch, gutter, or watercourse, for conveying the water from the highway at in the [parish &c.] of in the said county, is not sufficient for that purpose, and that the cleansing and opening the same will not effectually carry off the said water, but that the said highway may be effectually drained, and the water carried off, by making a new ditch or drain through the lands or grounds of lying near the same, for the length of yards, and the breadth of feet; and the said having been duly summoned to appear before me, to shew cause, if he had any, why the said ditch or drain should not be made, and the said not appearing, [or, not shewing sufficient cause against the same,] and it appearing to me that such ditch or drain is necessary, I do hereby order and require you to enter into and upon the said lands of the said and there make, or cause to be made, a new ditch or drain, of the length and breadth aforesaid, and of a convenient depth, making or tendering sufficient satisfaction to the said for the damages to be done thereby, within one calendar month after the same shall be so made; such damages to be settled and ascertained in manner directed by 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. Giren under my hand, this day of (a) See form, Arch. Forms of Com- mitments, 213. 61. (b) The act gives this form, see ante, |