XXVI. General Exceptions out of 13 Geo. III. c. 78. EXCEPTIONS. By the 13th Geo. III. c. 78, s. 85, it is provided, "That nothing in this Exception relative act contained, touching the making and returning lists of persons qualified to Bristol, to be surveyors of the highways, and the appointment of such surveyors, nor the repeal of part of an act made in the third year of king William and queen Mary, relating to such surveyors, shall extend, or be construed, deemed, or taken to extend to the city of Bristol; but that the several acts of Parliament which have been passed previous to this act, relative to surveyors of the highways, and to cleansing, paving, lighting, and regulating the streets and other places within the said city, shall remain in full force, and be executed in as full and ample manner and form, to all intents and purposes, as the same might or ought to have been if this act had never been made." Sect. 86, provides, "That nothing in this act contained shall extend, or be deemed or construed to extend to the parish of Saint Mary Matfelon, otherwise Whitechapel, and Saint John of Wapping, in the county of Middlesex, or either of them." Sect. 87, provides, "That nothing in this act contained shall extend, or be deemed or construed to extend, to alter, restrain, or abridge the powers or authorities given to the commissioners of sewers by any act or acts of Parliament whatsoever, or to vary or alter any of the provisions or regulations thereby made, directed, or provided; any thing herein contained to the contrary thereof in anywise notwithstanding." XXVII. forms, List of. 1. AS TO REPAIR OF HIGHWAYS IN TWO PARISHES.-Information on 34 Geo. III. c. 64, s. 1, for Apportionment of Repairs of Highway situate in Two Parishes, (No. 1)—Summons thereon, (No. 2)—Final Order and Adjudication thereon, (No. 3). II. AS TO STATUTE DUTY, AND COMPOSITIONS IN LIEU OF.-Notice to perform Statute Duty, on 13 Geo. III. c. 78, s. 37, (No. 4)-Notice for Compositions under 13 Geo. III. c. 78, s. 41, (No. 5)-Order for Statute Duty to be performed in kind, under 34 Geo. III. c. 74, s. 6, (No. 6)-Notice to Surveyor of the Times fixed by the Inhabitants for being excused from doing Statute Duty, (No. 7)-Information of Surveyor to obtain an Order for a Composition instead of Statute Duty, under 54 Geo. III. c. 109, s. 4, (No. 8)— Order of Justices for Surveyors to receive Composition instead of Statute Duty in kind, under same act, (No. 9)-Information for not performing Statute Duty, (No. 10)—Information against Servants refusing to work, according to direction of Surveyor, on 34 Geo. III. c. 78, s. 2, (No. 11)—Conviction for not performing Statute Duty, (No. 12)-Warrant of Distress for, (No. 13). III. AS TO ASSESSMENTS IN AID OF REPAIRS.-Notice of Application for Assessment, under 13 Geo. III. c. 78, s. 45, (No. 14)—Order at Special Sessions for an Assessment of Sixpence in the Pound, on 13 Geo. III. c. 78, s. 30, 45, (No. 15)-Order to Constable to return to Justices the Account of a Sixpence Assessment, (No. 16)—Return to such Order, (No. 17)-Justices' Notice to Surveyor to shew Cause why Poor Persons should not be exempt from Assessment or Composition, (No. 18)-Summons for Non-payment of Assessment, (No. 19) Warrant of Distress for Non-payment of Assessment, (No. 20)— Commitment for, (No. 84). IV. AS TO MATERIALS.-Licence from Justices, at Special Sessions, to get Materials for Repairs of Highways in another Parish, under 13 Geo. III. c. 78, s. 27, (No. 21)-Surveyor's Application to a Justice for his Licence to take Stones for repairing Highways from Lands, being private Property, on Affidavit that the same are necessary for the Repair of Highways, and that Occupier had refused Permission, (No. 22)—Licence for that purpose, (No. 23). and St. Mary Matfelon, &c. Powers of com ers not abridged. missioners of sew FORMS. V. AS TO REPAIRING HIGHWAYS BEFORE OTHERS, DIRECTION-POSTS, &c.— Order of Justices at Sessions for Repair of Highways which most want Repair, under 13 Geo. III. c. 78, s. 25, (No. 24)—Precept for erecting Guideposts, &c., under 13 Geo. III. c. 78, s. 26, (No. 25). VI. AS TO WIDENING OR DIVERTING, &C. HIGHWAYS:-Order of Justices for Widening or Diverting and Turning a Highway, under 13 Geo. III. c. 78, s. 16, (No. 26)-Certificate from such Justices to the Quarter Sessions, (No. 27) -Order for Stopping up the old Highway, and Selling the Land &c. thereof, under 13 Geo. III. c. 78, s. 17, (No. 28)-Certificate to be written under such Order, (No. 29)—Receipt for Purchase-money to be indorsed or written under such Certificate, (No. 30)-Order of Justices for Diverting and Turning a Highway, &c., through the Lands of a Person consenting thereto, on 55 Geo. III. c. 68, s. 2, (No. 31)-Consent of Owner of Land through which a new Highway is to be made, (No. 32)—Notice of Order for Diverting or Stopping up an unnecessary Highway, under 55 Geo. III. c. 68, s. 2, (No. 33). VII. AS TO SPECIAL SESSIONS AND PARISH MEETINGS.-Precept to High Constable for Appointing a Special Sessions for Surveyors to make Returns as to State of Highways, and of Neglect to cut, &c. Hedges, &c., on 13 Geo. III. c. 78, s. 7, 51, (No. 34)—High Constable's Precept for a Special Sessions for Surveyors to make Return as to State of Highways, &c., (No. 35)—Surveyor's Return of State of Highways, (No. 36). Notice for holding a Vestry or other public Meeting, &c. (No. 37). VIII. AS TO THE SURVEYORS OF HIGHWAYS.-Warrant for calling a Meeting of Householders, &c., and for fixing that of Justices for appointing Surveyor, under 13 Geo. III. c. 78, s. 1, (No. 38)—List of Persons to be returned to Justices, (No. 39)-Recommendation of particular Person to be Surveyor, (No. 39)-Notice to the Persons contained in the List, (No. 40)—Appointment of a Surveyor, (No. 41)—Bond from, (No. 42)-Appointment of Assistant Surveyor, (No. 43). Oath to be administered to, on passing his Accounts, (No. 44)—Allowance of Accounts, (No. 45)—Allowance of Expenses, &c. of Surveyor, to be repaid by the Possessors of the Lands, &c., and Order of Justices for that Purpose, (No. 46)- Notices from Surveyor to remove Nuisances, (No. 47)-Conviction, on 13 Geo. III. c. 78, s. 48, of a Surveyor, for not delivering over his Books of Accounts to the Churchwardens, &c., (No. 48). IX. SUMMARY PROCEEDINGS FOR NUISANCES, &c. TO HIGHWAYS.—Information and Conviction, on 13 Geo. III. c. 78, s. 55, for Driving a Cart with Wheels of improper Breadth, (No. 49). Notice from Surveyor to remove Nuisances, &c., and cut hedges, &c., (No. 50). Order for Occupiers of Land to make Hedges, and cut down Trees, on 13 Geo. III. c. 78, s. 7, (No. 51)-Information of Surveyor for not pruning, &c. Hedges, &c., (No. 52)-Summons for not pruning Hedges, &c., (No. 53)-Information and Conviction for allowing Trees to grow within fifteen Yards of Centre of Highway, (No. 54). Information and Conviction, on 13 Geo. III. c. 78, s. 8, for not scouring Ditches, (No. 55)-Warrant of Distress for not Scouring Ditches, &c., (No. 56) Order of Justices to make new Drains, on 13 Geo. III. c. 78, s. 13, (No. 57). Information and Conviction, on 13 Geo. III. c. 78, s. 63, for encroaching on Highway, (No. 58). Information and Conviction, on 13 Geo. III. c. 78, s. 9, for scouring Ditches and leaving Soil on Highway, (No. 59)—The like for laying Timber, &c. on Highway, (No. 60). Information and Conviction, on 13 Geo. III. c. 78, s. 11, for leaving Carriages on Highway, (No. 61). Information and Conviction, on 13 Geo. III. c. 78, s. 60, for Misconduct of Drivers, (No. 62)-The like on sect. 59, for Owner not having Name on Waggon, &c., (No. 63)-Warrant to apprehend Driver for Misbehaviour, (No. 64)-Order for Payment of Forfeiture for riding on a Waggon, &c., (No. 65). X. INDICTMENTS &C., FOR Not Repairing, AND NUISANCES TO HIGHWAYS.-Indictment against Parish for not Repairing a Highway, (No. 66)—The like against an Individual, (No. 66)—Indictment for not Repairing a Horse and Plea of General Issue, (No. 68)-Plea that others ratione tenure are bound to Repair, (No. 69)-Replication thereto, (No. 70). Indictment for encroaching on a Highway, by building thereon, (No. 71)Indictment for inclosing a Highway, (No. 72)-Indictment for laying Timber or other Obstructions on Highway, (No. 73)-Indictment for stopping up a Watercourse, whereby the Highway is overflowed, (No. 74). Certificate of Two Justices that an indicted Road is in good Repair, (No. 75). XI. PRESENTMENTS, &c. FOR NON-REPAIR.—Information of Surveyor to ground a Presentment by Justices, (No. 76)-Presentment by a Justice under 13 Geo. III. c. 78, s. 24, of Highway being out of Repair, (No. 77). XII. GENERAL FORMS OF CONVICTIONS, &C. FOR RECOVERY OF PENALTIES, &c. -Summons to attend before a Justice, (No. 78)-Information, (No. 79)— Conviction, (No. 80)-Order for Payment of a Forfeiture, (No. 81)-Warrant to Distrain for a Forfeiture, (No. 82)—Return of Constable to Warrant where no Effects, (No. 83)-Commitment for want of Distress, (No. 84). XIII. APPEAL.-Notice of, (No. 85). FORMS. County of 1. Forms as to Repair of highways in Two Parishes. (No. 1). Information on 34 AT a petty session, holden before J. P. and K. P., two of his MajesGeo. 3, c. 64, s. 1, ty's justices of the peace for the said county, this day of for the apportionJ. S., one of the surveyors of the highways of the parish of A., came before the ment of repairs of justices aforesaid, and gave them to be informed, that there is in the said county in two parishes (a). a certain common highway, leading from M. to N.; and that there is a certain part of the said highway, that is to say, so much thereof as lies between a certain place called C. and a certain other place called D., being in length [as the case may be], one side of which last-mentioned part of the said highway adjoining to the parish of A., lies within the said parish of A., and is to be, and of right ought to be, repaired by the said parish of A.; and that the other side of the same part of the said highway, adjoining to the parish of B., lies within the parish ef B., and is to be, and of right ought to be, repaired by the said parish of B.; and stating that the repair of such part of the said highway is very inconvenient to the parishes aforesaid, and the want thereof detrimental to the public; and therefore praying, that such part of the said highway may be allotted and apportioned for the repair thereof, by the justices aforesaid, to the said several parishes of A. and B., in the manner directed by an act passed in the thirty-fourth year of the reign of king George the third, intituled, “An act, &c. (Signed) J. S. One of the surveyors of the highways an highway situate See Plan, post, 88. (No. 2). County of To the surveyors of the highways of the parish of B., in the said Summons to be ounty, north the high WHEREAS a certain information has been given to us, J. P. and K. P., two of his Majesty's justices of the peace for the said county, by J. S., one of the surveyors of the highways of the parish of A., in the said county, a true copy whereof is above written; these are, in his Majesty's name, to summon you, any or either of you, to appear before us at in the said county, on the day of canse (if any) why an allotment and apportionment of the highway therein mentioned at to shew subjoined to a copy of above informa tion (b). (a) The act gives this form, see ante, 12. (b) The act gives this form, see ante, 12. FORMS. should not be made, according to the provisions of the act referred to in the said information. Hereof fail not. Given under our hands, this day of (No. 3). J. P. K. P. Final order and adjudication thereon, to be filed with (a). WHEREAS, &c. [here state the original application; the summons; the appearance; and that the parties were heard, or their non-appearance]. Now we, the clerk of the peace justices aforesaid, having fully heard and understood the premises, do declare, adjudge, and order, that the said highway shall be divided in the following manner; (that is to say), that, at the distance of measuring from the place called C., there shall be erected certain posts or stones, E. and F., on each side of the said highway; and the whole of the said highway, from the place called C., to such posts or stones, shall be from time to time, and at all times hereafter, repaired by the parish of A.; and the whole of the said highway from such posts or stones to the place called D., shall from time to time, and at all times hereafter, be repaired by the parish of B. In witness whereof, we have hereunto set our hands and seals, this PLAN. Bound to repair on this side to the dotted line. day of J. P. (L. s.) K. P. (L. s.) Notice to perform statute-duty (to be given four days be fore the day on which the duty to be performed), on 13 Geo. 3, c. 78, s. 37. (b). II. Forms as to Statute Duty, and Compositions in lieu. (No. 4). and with A. B., you are hereby required to send a team, with two able men, to in the [parish &c.] of , on the days of next, at o'clock in the morning of each day, in order to perform such duty upon the highways within the said. , as shall be required by the surveyor, pursuant to the direction 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. [When personal labour is required, You are hereby required, by yourself, or a sufficient labourer, to attend, &c.] Dated this day of , 18 If he does not occupy lands, &c. of the yearly value of thirty pounds in such parish, &c. he is only to send one man. If a waggon, or a cart with two horses, or one horse only, is required, let it be expressed. (No. 5). Notice for compo sitions, under 13 NOTICE is hereby given, that all persons who are inclined to compound for their , are hereby required to signify their in Geo. 3, c. 78, s. 41 statute-duty within the [parish, &c.] of (e). (a) The act gives this form, see ante, 12. (c) The act gives this form, see ante, 28. (b) The act gives this form, see ante, 19. of tention to compound for the same to the surveyor of the highways for the said FORMS. (No. 6). in the [hundred] of Middlesex.-At a special sessions, held at county, the in the said day of 18 , by justices of the peace for the said county, acting within the said [hundred]. IT appearing to us, from the information which we have received, that there will be dificulty in procuring the necessary carriage, [or, a sufficient number of labourers, as the case shall be,] for the repair of the highways within the [parish, &c.] of within the said [hundred], without paying high and extravagant prices for the same:"We do hereby order and direct the [team-duty within the said [parish, &c.]except such teams where the owners thereof do not occupy lands, tenements, woods, tithes, or hereditaments, within the said [parish, &c.] of the annual value of thirty pounds, or, one half of the team-duty, &c. to be performed; or, the labourers liable to perform statute duty within the said [parish, &c.] as the case shall be, to perform their statute duty] in kind within the said [parish, &c.] according to the authority and 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 also the act passed in the thirty-fourth year of his said late Majesty's reign, For varying parts of that act. Dated this day of November, 18 (No. 7). , agree to To the surveyor of the highways for the [parish, &c.] of in the county of (No. 8). BE it remembered, that, on the day of at in the county of 4. S., surveyor of the highways [or, turnpike roads], within the parish [or, hundred] of in the hundred of , and in the county aforesaid, cometh before us J. P. and K. P., esquires, two of kis Majesty's justices of the peace for the said county, acting in and for the said parish and hundred, and in the district of the said surveyor, and maketh oath, that the maintenance and repair of the said highways [or, turnpike roads] can be more effectually carried on by a composition in money, than by a performance of the statute daty in kind, from the several persons who are bound by law to perform statute duty on the said highways [or, turnpike roads]: Wherefore the said surveyor prayeth the consideration and order of us the said justices, in the premises, according to the form of the statute in such case made and provided. Order for statuteduty to be per formed in kind, under 34 Geo. 3, c. 74, s. 6 (a). Notice to surveyor of the times fixed by the inhabitants for being excused from doing their statute duty, under 13 Geo. 3, c. 78, s. 43(b). Information of an order for a co kind, under 54 |