(No. 58). The 13 Geo. III. c. 78, gives a general form of information and conviction which will here apply and be found, post, (No. 79, 80). This offence may be stated thus:] That C. D., of the [ parish] of in the said county, (farmer), on the day of in the year aforesaid, at the [parish] aforesaid in the county aforesaid, did encroach spon a certain highway there situate, by then and there causing to be made a hedge ["ditch, or fence"] on the said highway, within the distance of fifteen feet from the centre of the said highway [stating this according to the nature of the encroachment]; 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 40s. for the said offence, &c. FORMS. Information and conviction on 13 Geo. 3, c. 78, s. 63, for encroaching on a highway (a). (No. 59). The 13 Geo. III. c. 78, gives a general form of information and conviction, which will here apply and be found, post, (No. 79, 80). State this offence thus:]-That C. D., of , in the said county, (labourer), on the day of , in the year aforesaid, at the [parish] of in the county aforesaid, in making, scouring, and cleansing a certain ditch and watercourse there, did permit the soil and earth dug out thereof to remain in the said highway, so as to obstruct and prejudice the same, for fire days after notice thereof to him given by the surveyor of the said highway 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, which hath imposed a forfeiture of 10s. for the said offence, &c. Information and (No. 60). The 13 Geo. III. c. 78, gives a general form of information and conviction, which will here apply and be found, post, (No. 79, 80). State the offence thus:]-That C. D., of, in the said county, (labourer), on the day of, in the year aforesaid, a the parish] of, in the county aforesaid, did lay a large quantity, to wit, one cart load of straw and dung, ["stone, timber, straw, dung or other matter," as the case is] in a certain highway there situate; 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. The like for laying timber, &c. on highway. (No. 61). in The 13 Geo. III. c. 78, gives a general form of information and conviction, which will here apply and be found, post, (No. 79, 80). The offence may be stated thus:]That C. D., of the [parish] of in the said county, (farmer), on the day of the year aforesaid, at the [parish] aforesaid, in the county aforesaid, did set, place, and leave a certain waggon, [" waggon, cart, or other carriage, or any plough or instrument of husbandry" as the case is] in a certain highway there situate, so as to interrupt and hinder the free passage of other carriages, and of his Majesty's subjects the said waggon not being then loading or unloading; 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. 62). The 13 Geo. III. c. 78, gives a general form of information and conviction, which will here apply and be found, post, (No. 79, 80). State the offence 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 driver [and owner] of a certain waggon, ["cart, car, dray, or waggon,"] did then and there ride upon the said waggon, in and upon a certain highway, there situate, not (a) See form, Arch. Forms of Comftinents. See ante, 62. (b) See form, Arch. Forms of Com mitments and Convictions. See the act, Information and conviction on 13 Geo. 3, c. 78, s. 11, for leaving carriages in the highway (6). Information and conviction on 13 Geo. 3, c. 78, s. 60, drivers (). for misconduct of FORMS. having then and there any other person on foot or on horseback to guide the said Information and conviction on 13 Geo. 3, c. 78, s. 59, for owner not having name on wag. gon (a). Warrant to appre hend the driver of (No. 63). The 13 Geo. III. c. 78, gives a general form of information and conviction, which will here apply, and be found, post, (No. 79, 80). State the offence 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, did use a certain waggon [wain, or cart, &c. ante, 64] of the said C. D., upon a certain public highway there situate; and that the said C. D. did not, before he so used the same upon the said public highway, cause to be painted upon some conspicuous part of his said waggon, [wain, or cart, &c.] his Christian name and surname, and place of abode, in large legible letters, but on the contrary thereof did then and there use the said waggon, &c. on the said highway, without the names and descriptions painted thereon respectively as aforesaid; 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 for the said offence, &c. County of (No. 64). To all constables, and other his Majesty's officers of the peace for the said county. to wit. THESE are, in his Majesty's name, to command you and every of you, upon sight hereof, to take and bring before me, or some other of his Majesty's justices of the peace for the said county, the body of A. D., the driver of a certain belonging to of in the said county to answer to all such matters and things as on his Majesty's behalf are on oath objected against him by , for [riding upon a certain carriage called a in a public highway in the said county, he the said A. D. not having some other person on foot or on horseback to guide the same, and whick said carriage was not then conducted by any person holding the reins of the horses drawing the same]. Hereof fail not at your peril. Given under my hand and seal , and in the year of our Lord (No. 65). Order for payment of a forfeiture for a like offence. County of Indictment for not repairing a high way, against the parish (c). WHEREAS A. O. of in the said county, (labourer), is duly conSvicted before me, J. P., esquire, one of his Majesty's justices of the peace in and for the said county, upon the oath of A. W., a credible witness, [or as the case may be,] for that he the said A. O., on the day of instant, in [the king's highway, lying between N. and O. within the parish of P. in the said county of did ride upon the cart, [or as the case may be,] of his master L. M. of county of not having some other person on foot, or on horseback, to guide the same, nor holding any reins in his hand to guide the horses drawing the same, whereby he the said A. O. hath forfeited the sum of 10s.] I do, therefore, hereby order the said A. O. to pay to A. B., surveyor of the highways of the parish of aforesaid, the said sum of 10s., to be by him disposed of as the law directs. Given under my hand and seal, the day of in the year of our Lord X. Forms as to Indictments, &c. for Nuisances, &c. to Highways (b). (No. 66). THE jurors for our lord the king upon their oath present, that from the time whereof the memory of man runneth not to the contrary, there was and (a) See the form, Arch. Forms of Convictions, 215. See the act, ante, 64. (b) See a great variety of forms in 3 Chit. C. L. Arch. C. L. 413, &c. (c) See the observations upon this form, ante, 67, 68. in the yet is a common and ancient king's highway leading from [the town of als. FORMS. Or, that A. O., of aforesaid, gentleman, ought, by reason of the tenure of his Against individulands and tenements, situate, lying, and being at aforesaid, in the county aforesaid, to repair and amend the said highway, when and so often as it shall be necessary. (No. 67). THE jurors for our lord the king upon their oath present, that from the time whereof the memory of man runneth not to the contrary, there was, and yet is, a certain common and ancient highway, leading from in the county of towards and unto in the county of , for all the liege subjects of our said lord the king and his predecessors, on horseback, and on foot, to go, return, pass, ride, labour, and drive their cattle at their will, and that a certain part of the same common highway, situate, lying, and being within the [parish] of , in the county of , aforesaid, beginning at a place called and so continued towards the said of in the county of aforesaid, of the length of feet, and the breadth of feet, on the day of in the " year of the reign of and continually afterwards until the day of taking this inquisition, at the [parish] of , aforesaid, in the county aforesaid, was and yet is very ruinous, miry, deep, broken, and in great decay, for want of due reparation and amendment of the same, that the liege subjects of car said lord the king by and through the same way with their horses and cattle could sot, during the time aforesaid, nor yet can go, return, pass, ride, and labour as they ought and were wont to do, without great danger of themselves and of their goods, to the great damage and common nuisance of all the liege subjects of our said lord the king, through the same highway going, returning, passing, riding, and labouring, and against the peace of our said lord the king, his crown and dignity; and that the inhabitants of the same [parish] of in the county aforesaid, the same common highway so as aforesaid being in decay, ought to repair and amend, when and so often as it shall be necessary. Indictment for not repairing an anci ent horse and footway. (No. 68). And A. B. and C. D., two of the inhabitants of the said parish of B., by E. F. their attorney, for themselves and the rest of the inhabitants of the said parish, come into court here, and having heard the said indictment read, say, that they are not guilty of the said premises in the said indictment above specified and charged upon them; and of this they put themselves upon the country, &c. (No. 69). And A. B. and C. D., two of the inhabitants of the said parish of B., by E. F. their attorney, for themselves and the rest of the inhabitants of the said parish (excepting one A. C.), come into court here, and having heard the said indictment (a) See Forms, 4 Chit. C. L. and Arch. C. L. 417, &c. See the observations, ante, 69. FORMS. Replication there to. Indictment for encroaching upon a highway, by building thereupon (a). Indictment for inclosing the high way. read, say, that our lord the King ought not further to prosecute the said indictment against the inhabitants of the parish last aforesaid (excepting the said A. C. as aforesaid); because they say, that as to the said part of the said highway in the said indictment described to be ruinous, miry, deep, broken, and in great decay, the said A. C., by reason of his tenure of certain lands and tenements called lying and being in the said parish, ought to repair and amend the said part of the said highway so alleged to be ruinous, miry, deep, broken, and in decay as aforesaid, when and so often as there should be occasion, [as the said A. C., and all those who held the said lands and tenements for the time being, from time whereof the memory of man is not to the contrary, hitherto were used and accustomed, and of right ought to do, and the said A. C. still of right ought to do]. And this they the said A. B. and C. D. are ready to verify; wherefore they pray judgment, and that they and the rest of the inhabitants of the said parish of B., (excepting the said A. C. as aforesaid), by the court here may be dismissed and discharged from the said premises in the said indictment above specified. (No. 70). And hereupon G. H., (the clerk of the peace, or clerk of the arraigns), who prosecutes for our said lord the King in this behalf, says, that, by reason of any thing in the said plea above pleaded in bar alleged, our said lord the King ought not to be precluded from prosecuting the said indictment against the said inhabitants of the said parish of B.: because he says, that the said A. C. ought not to repair or amend the said part of the said highway so alleged to be ruinous, miry, deep, broken, and in decay as aforesaid, by reason of his said tenure, in manner and form, as in and by the said plea is above supposed and alleged: and this he the said G. H. prays may be inquired of by the country. And the said A. B. and C. D., for themselves and the rest of the inhabitants of the parish of B. aforesaid, do the like. Therefore let a jury, &c. &c. of (No. 71). THE jurors for our lord the King upon their oath present, that A. O., late (builder), the day of in the year of the reign of , with force and arms, at ,in and upon a certain common highway, in a certain place, commonly called there, leading from towards and unto by a certain building there, containing in length feet, and in breadth feet, by the said A. O. erected and built, hath unlawfully and unjustly encroached, and doth yet encroach, and the building aforesaid, so as is aforesaid erected and built by him the said A. O., from the aforesaid day of , in the year aforesaid, unto the day of exhibiting this information, at , aforesaid, in the county aforesaid, with force and arms unlawfully and unjustly hath continued, and doth continue, by reason whereof the common highway aforesaid hath become and is greatly straitened, so that the liege subjects of the said lord the King upon and through the same common highway aforesaid, with their horses, carts, and carriages, cannot go, pass, ride, and labour as they ought and were wont to do, to the great and common nuisance of all the liege subjects of the said lord the King, in and through the said common highway going, passing, riding, and labouring, and against the peace of the said lord the King, his crown and dignity. (No. 72). THE jurors for our said lord the King upon their oath present, that whereas from the time whereof the memory of man runneth not to the contrary, the liege subjects of our said lord the King had and lawfully used a certain common highway at in the said county, in a certain place there, called leading from [the town of ], towards and unto [the town of ], for themselves and their goods, without any stoppage or hindrance by any ditches, hedges, or other obstacles whatsoever; nevertheless, one A. O., late of aforesaid, in the county of aforesaid, (farmer), on year of the reign of with force and arms, at , aforesaid, in the place aforesaid, called the day of in the (a) Indictment for not repairing a house standing on the highway, ruinous and likely to fall down. See Lord Raym. , upon the Entries, 25; Reg. v. Waits, 2 Lord Raym. 856; 1 Salk. 357; and see a variety of precedents, 3 Chit. C. L. common highway aforesaid, a certain ditch and quickset hedge did make, and the said ditch and quickset hedge so as aforesaid made, doth yet continue and keep; to the great stoppage and hindrance of the liege subjects of our said lord the King passing in and through the said common highway, and against the peace of our said lord the King, his crown and dignity. FORMS. late of year of the reign of , (No. 73). in the THE jurors for our lord the King upon their oath present, That A. O., in the county aforesaid, (yeoman), on the day of and on divers other days and times, as well before as afterwards, with force and arms, at in the said county, in and upon a certain King's common highway there, leading from towards and unto [the town of ], dicers great pieces of timber put and placed, and caused to be put and placed, and the same great pieces of timber so as aforesaid put and placed from the aforesaid day of in the year aforesaid, until the day of exhibiting this information in and upon the King's common highway aforesaid, to be, lie, and remain, hath peritted, and doth still permit, to the grievous and common nuisance of all the liege subjects of the said lord the King, upon and through the King's common highway aforesaid, going, passing, riding, and travelling, and against the peace of our said lord the King, his crown and dignity. [Or, a great quantity of dung and other fith, by reason whereof divers hurtful, noxious, and unwholesome smells from the said dung and other filth did then and there arise, and thereby the air there became, was, and is corrupted and infected Or, cart loads of rubbish , by reason whereof the said highway for the whole time aforesaid was straitened and obstructed, so that the liege subjects of our said lord the King could not so freely pass and repass about their lawful business, through the said common highway there, as they ought and have been accustomed . (No. 74). day of THE jurors for our lord the King upon their oath present, That A. O., late of the parish of in the county aforesaid, (yeoman), on the in the year of the reign of with force and arms, at the parish aforesaid, in the county aforesaid, a certain ancient watercourse, adjoining to the King's common highway, within the said parish, leading from [the town of in the county aforesaid], towards and unto with gravel and other materials unlawfully and injuriously did obstruct and stop up; and the said watercourse, so as aforesaid obstructed and stopped up from the said day of in the year aforesaid, until the day of the taking of this inquisition at the parish aforesaid, in the county aforesaid, unlawfully and injuriously hath continued and still doth continue, by reason whereof the rain and waters that were wont and ought to flow and pass through the said watercourse on the same day and year, and divers other days and times afterwards, between that day and the day of the taking of this inquisition, did overflow and remain in the King's common highway aforesaid, and thereby the same was and yet is greatly hurt and spoiled; so that the liege subjects of our said lord the King through the same way with their horses, coaches, carts, and carriages, then and on the said other days and times, could not nor yet can go, return, pass, ride, and labour as they ought and were wont to do, to the great damage and common nuisance of all the liege subjects of our said lord the King, through the same highway going, returning, passing, riding, and labouring, and against the peace of our said lord the King, his crown and dignity, (No. 75). WE, two of his Majesty's justices of the peace for the county of to wit. acting in and for the said county, do hereby certify that we have this day viewed and surveyed a certain part of a common and ancient King's highway Leading [here describe the road], indicted at the last assizes, [or, at the last general quarter sessions of the peace] for the said county, and that the said part of the said highway so indicted as aforesaid, is now in good and sufficient repair, and likely so to continue. Given under our hands and seals this day of J. P. (L.S.) |