FORMS. Information by surveyors of highways, where prívate persons are liable to repair, that notice was given them of the order of justices made on them for such repair at a special sessions, and that such repairs have not been made, in order that the ma gistrates may present such highways, &c., under 13 Geo. 3, c. 78, s. 24 (a). County of XI. forms as to Presentments for Non-repairs. (No. 76). WHEREAS information was made unto J. P. and K. P., esquires, S two of his Majesty's justices of the peace in and for the said county, by S. H., one of the surveyors of the highways of the parish of in the said county, at a special sessions held at in and for the hundred of in the said county, on the day of last, that the public streets, causeways, pavements, and highways of a town in the said parish of in the county aforesaid, were very ruinous, broken, and in great decay, and that the several occupiers of houses in the said town of were used, and had been immemorially accustomed, and ought to repair the same, each severally before his own premises. And whereas, in pursuance of an act passed in the thirteenth year of the reign of his late Majesty king George the third, intituled, "An act to explain, amend, and reduce into one act of Parliament, the statutes now in being for the amendment and preservation of the public highways within that part of Great Britain called England; and for other purposes," the said two justices did then and there make an order (b) under their hands and seals, bearing date the day of in the year of our Lord one thousand eight hundred and directing the several persons hereinafter mentioned (among others) to repair their said streets, causeways, pavements, and highways respectively, so out of repair in the said [town] and [parish], on or before the day of in the year of our Lord one thousand eight hundred and The said S. H., and T. H., the other surveyors of the highways of the said [parish] of respectively make oath, that they, the said surveyors of the highways of the said [parish], did give due notice of the said order to the several persons therein named; that some of the said persons have observed and obeyed the same; but that, on an examination and inspection this morning, they find the streets, causeways, pavements, and highways of the following persons, in the said [town] of and [parish] aforesaid still unrepaired; and therefore they pray that the said streets, causeways, pavements, and highways, so out of repair, together with the persons liable to repair the same, may be severally and respectively presented by some one of his Majesty's justices of the peace at the next general quarter sessions of the peace for the said county of , pursuant to the statute in that case made and provided. Persons liable to repair. W. B.... W. P., Esquire.. James B... John B. (bounded on the north by lands of W. P., 32 0 4 6 The same John B. (bounded on the north by lands occupied by W. A., on the south by lands occupied by S. A., and on the west side by L. T.) . And the said S. H., and T. H., further depose that the several parts or portions of the streets so out of repair belonging to the said John B. to repair, being detached from each other, are bounded as before mentioned. Sworn before me, this in the sions, justices of our said lord the King, assigned to keep the peace in the said coun- • This to be inserted where it is upon the information of the surveyor. FORMS. XII. General Forms of Enformations, Convictions, &c. for Recovery of Penalties, &c. Middlesex.-To A. B. of WHEREAS, complaint and information have been made upon oath before me C. D., one of his Majesty's justices of the peace for the said county &c., by E. F., of , that, &c. [here state the nature and circumstances of the case, as far as it shall be necessary to shew the offence, and to bring it within the authority of the justice, and, in doing that, follow the words of the act as near as may be]. These are therefore to require you personally to appear before me, [or, the justices to be assembled at their special sessions to be holden] at in the said county, &c. on the noon, to answer to the said who is likewise directed to be Herein fail not. Given under my day of , next, at the hour of in the complaint and information, made by the said E. F., then and there present, to make good the same. hand and seal, this day of Summons for any person to attend a justice (a). (No. 79). A. B., of Middlesex.-BE it remembered, that, on the day of in the Information (a). said county, informeth and maketh oath before me , one of his Majesty's justices of the peace for the said county, that of in the said county, [here describe the offence, and if it is for default in performing statute duty, state the duty required, and the notice given for that purpose, and the neglet, according to the fact, and as near the words of the act as may be], 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. Taken and sworn the day of before me, (a) The 13 Geo. III. c. 78, gives this form, see ante, 79. A. B. FORMS. Conviction (a). , on the (No. 80). Middlesex.-BE it remembered, that, on the day of in the year of our Lord , at , in the county aforesaid, A. B. came before me, C. D., esquire, one of his Majesty's justices of the peace for the said county, and informed me that E. F., of day of now last past, at in the said county, did [here set forth the fact in the manner described by the statute], whereupon the said E. F., after being duly summoned to answer the said charge, appeared before me, on the day of at , in the said county, and having heard the charge contained in the said information, declared, that he was not guilty of the said offence; but the same being fully proved upon the oath of G. H., a credible witness, it manifestly appears to me, the said justice, that he the said E. F. is guilty of the offence charged upon him in the said information: it is therefore considered and adjudged by me, the said justice, that the said E. F. be convicted, and I do hereby convict him of the offence aforesaid, and I do hereby declare and adjudge, that he the said E. F. hath forfeited the sum of, of lawful money of Great Britain, for the offence aforesaid, to be distributed as the law directs, according to the form of the statute in that case made and provided. Given, &c. After the words," being duly summoned to answer to the said charge," insert* did not appear before me, pursuant to the said summons: [or, did neglect and refuse to make any defence against the said charge; but the same being fully proved, &c. as before]. After the words," contained in the said information," insert†, acknowledged and voluntarily confessed the same to be true, and it manifestly appears to me the said justice, &c. as above. This to be inserted where the party refuses to appear upon the summons. (No. 81). Order for payment of a forfeiture (b). Warrant to dis train for the forfeiture (b). in the county of (labourer). Middlesex.-To A. O., of WHEREAS you, the said A. O., are duly convicted before me, J. P., esq., one of his Majesty's justices of the peace for the said county, for that you, the said A. O., [here describe the offence as set forth in the information], whereby you have forfeited the sum of : I do therefore hereby order you, the said A. O., forthwith [or, within such time as the act directs], to pay to A. S., surveyor of the of the said county, the said sum of to be by him disposed of as the law directs. Given under my hand seal, the day of one thousand eight hundred and (No. 82). Middlesex. To the constable, headborough, or tithingman, of in in the said county, yeoman, is this day convicted before me, C. D., csq., one of his Majesty's justices of the peace in and for the said county, upon the oath of G. H., a credible witness, for that the said A. B. hath, [here set forth the offence, describing it particularly in the words of the statute, as near as may be], contrary to the statute in that case made and provided, by reason whereof the said A. B. hath forfeited the sum of to be distributed as herein is mentioned, which he hath refused to pay: these are therefore, in his Majesty's name, to command you to levy the said sum of by distress of the goods and chattels of him the said A. B.; and if within the space of four days next after such distress by you taken, the said sum, together with the reasonable charges of taking and keeping the same, shall not be paid, that then you do sell the said goods and chattels so by you distrained, and out of the money arising by such sale, that you do pay one half of the said sum of to E. F., of who informed me of the said offence, and the other half of the said sum of to J. K., the surveyor of the highways, for the parish, township, or place where the said offence, neglect, or default happened, to be employed towards the repair of the said highways, returning the overplus, upon demand, to him the said A. B., (the reasonable charges of taking, keeping, and selling (a) The 13 Geo. III. c. 78, gives this form. (b) Not to be issued till after six days from service of the order for payment, see ante, 79. the said distress, being first deducted); and if sufficient distress cannot be found of the goods and chattels of the said A. B., whereon to levy the said sum of that then you certify the same to me, together with this warrant. Given under my hand and seal, the day of This form is to be varied according to the act, in each particular case. C. D. FORMS. (No. 83). 1, A. B., constable of the [parish, &c.] of in the county of , do hereby cer tify and make oath, that, by virtue of this warrant, I have made diligent search for the goods of the within named and that I can find no sufficient goods whereon As witness my hand, the to levy the within sum of Sworn before me the day and year, &c. C. D. day of A. B. Return of constable to warrant of distress, when there are no ef fects (a). (No. 84). Middlesex.-To the [constable] of in the said county, and to the keeper of the Commitment for common gaol, [or, the house of correction], at in the said county. want of distress (a). WHEREAS A. B., of in the said county, yeoman, was, on the day of convicted before me, C. D., esq., one of his Majesty's justices of the in peace and for the said county, upon the oath of E. F., a credible witness, for that he, the said A. B., [here set forth the offence], 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, by reason whereof the said A. B. hath forfeited the sum of : And whereas, on the day of in the year aforesaid, I did issue my warrant to the constable of , to levy the said sum of by distress and sale of the goods and chattels of him the said A. B., and to distribute the same according to the directions of the said statute; and whereas it duly appears to me, upon the oath of the said constable, that the said constable hath used his best endeavours to levy the said sum on the goods and chattels of the said A. B. as aforesaid, but that no sufficient distress can be had whereon to levy the same, these are therefore to command you the said constable of aforesaid, to apprehend the said A. B., and him safely to convey to the common gaol [or, house of correction] at in the said county, and there deliver him to the keeper thereof, together with this precept; and I do hereby also command you, the said keeper, to receive and keep in your custody the said A. B., for the space of three months, unless the said sum shall be sooner paid, pursuant to the said conviction and warrant; and for so doing this shall be your sufficient warrant. Given under my hand and seal, the day of in the year of our Lord C. D. tress for assessment. In the case of a commitment for the want of payment of money due by an assess- Warrant of disment, it must be, to receive, and keep in your custody, until he shall have paid the said sum of , and the further sum of being the costs and charges occasioned by kis neglect in paying the same. A. B., take notice, that I intend to appeal to the next general quarter sessions of Notice of appeal to the peace, to be holden for the county, &c. of against an order, [conviction, or ether proceeding, as the case may be, particularly specifying the purport of such order, &c. and assigning the grievance, and cause of complaint]. Dated the Highways, Turnpike. THE highways of the kingdom are frequently placed under the jurisdic tion of trustees (a). These ways are popularly called Turnpike Roads, to distinguish them from other parish roads. But this is not a legal term of distinction, for all roads are parish roads; and though some are placed under the jurisdiction of trustees, their authority is only concurrent with that of the justices. The turnpike acts, generally speaking, do not supersede the common law. The authority of trustees is a creature of the law, and the limits of their jurisdiction, and all other powers, are provided by local acts, which are temporary, and require to be renewed, generally every thirty years. Though their authority is thus limited, a permanence is given to their acts by several sections in the general turnpike acts; and they have a power of cancelling mortgages made by their predecessors, and a new way, made by them, will continue to be a public highway, by virtue of the general acts, after the authority of the trustees has ceased. See R. v. Winter, 8 B. & C. 785, post, 154. Besides the local acts, there are several general turnpike acts applicable to all roads: those general acts are the 3 Geo. IV. c. 126; 4 Geo. IV. c. 16, c. 35, c. 95; 5 Geo. IV. c. 69; 7 & 8 Geo. IV. c 24; and 9 Geo. IV. c. 77, and these are virtually incorporated in all local acts, though not recited therein except where the local act is varied or repealed. These general acts do not extend to all roads upon which tolls are taken, for roads made under a statute passed for an unlimited period are exempted from their operation; and also all roads which are not under the care of trustees. This exception refers to roads where toll thorough, and toll traverse may be due. The following case affords an illustration of the effect of the general act upon a local act: where a specific provision in the local act was held to be a virtual repeal of a universal one in the general acts. The local act contained a specific provision as to tolls payable on wheels according to their different construction and size, and it was held to be a virtual repeal of the general act, which imposes an additional toll on such carts, &c. Ridge v. Garlick, 2 B. Moore, 481. This local act was subsequent to the general act. The following arrangement has been adopted with a view of bringing all the clauses relating to the same matter together; but as subjects of varied import are blended together in the same clause, frequent references only have been preferred to the repeated insertion of the same clause. II. General Provisions extended to all Acts, 119. [3 Geo. IV. c. 126, s. 4; 4 Geo. IV. c. 95, s. 88; 9 Geo. IV. c. 77, s. 19]. III. Exceptions from Operation of Acts, 119. [3 Geo. IV. c. 126, s. 149, 150; 4 Geo. IV. c. 95, s. 90, 91, 92, 93; 9 Geo. IV. c. 77, s. 20]. IV. Explanation of Words in Acts, 121. [3 Geo. IV. c. 126, s. 124; 7 & 8 Geo. IV. c. 24, s. 19; 9 Geo. IV. c. 77, s. 16]. (a) The word "trustees," by express provision, comprehends all kinds of commissioners, post, 121. |