materials cannot otherwise be procured, and that the said A. O. hath refused to permit the same to be gathered; wherefore the said A. S. prayeth the consideration and order of me, the said justice, in the premises, according to the form of the statute in such case made and provided. Exhibited before me on the oath of the said A. S., the day and year first above written. J. P. A. S. FORMS. (No. 23). Middlesex.-To the surveyor of the highways for the [parish] of of, in the said county. , in the [hundred] Licence from a WHEREAS, by an 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, the surveyors are authorized to gather stones lying upon any lands or grounds within their liberty, for the use and benefit of the highways, but not without the consent of the occupiers of such lands, or a licence from a justice of peace for that purpose: and whereas it appears to me, E. F., one of his Majesty's justices of the peace for the said county, and acting within the said [hundred, &c.] upon the oath of the said surveyor, that he hath applied to A. B., of for his consent to gather stones from the lands, called or known by the names of and in his occupation, within the said [parish, &c.], for the purposes aforesaid, and that the said stones are necessary for the repair of the said highways, and that the said A. B. hath refused to permit the same to be gathered; and the said A. B. having been duly summoned to appear before me, to shew cause why such permission should not be granted, and having appeared before me accordingly; [or, having sent his steward or agent, or, C. D. on his behalf, to attend me upon that occasion; or, but not having appeared]; I have heard what has been alleged, and taken the said matter into consideration, and am of opinion, that the said stones are necessary, and ought to be gathered and carried away for the purposes aforesaid: Therefore, I do hereby give my licence to the said surveyor to take and carry away the same accordingly. Given under my hand and seal, the day of 18 " V. Forms as to repairing a Highway before others, Direction-Posts, &c. (No. 24). in the [hundred] of Middlesex.-At a special sessions, held at county, the justice for surveyor to gather stones upon inclo pair of highways sed lands, for re (a). , in the said Order of justices day of 18 , by justices of the peace for the said county, acting within the said [hundred]. To the surveyors of the highways for the [parish, &c.] of , in the said [hundred]. IT appearing to us that the highway lying between and within your liberty, is very founderous, and in bad repair, and being of great public use, we do hereby order, that you repair, or cause the same to be repaired, before the next. Given under our hands and seals, this of day of 18 day for repair of high at special sessions ways which most want repair, under s. 25 (b). 13 Geo. 3, c. 78, (No. 25). Middlesex.-At a special sessions, held at , for the [hundred] of , in the said county, before justices of the peace for the said county, acting within the said [hundred, on the day of in the said [hundred]. YOU are hereby required forthwith to erect, or cause to be erected, in the most convenient place upon the highway, lying between and within your liberty, where the roads cross or branch out, a guide-post, with proper inscriptions painted on both sides thereof, in large legible letters, denoting the towns of and [or other places, as the justices shall think most proper]. Where graduated stones or posts are necessary to prevent accidents from deep waters, vary it as under:] In the most convenient place upon the highway, at the approach or entrance on each side of the ford or water called within your liberty, graduated posts, denoting the depth of water in the deepest part thereof, (4) The act gives this form, see ante, 33. (c) The act gives this form, see ante, 36. (b) The act gives this form, see ante, 35. Precept for erect. ing guide-posts, under 13 Geo. 3, c. 78, s. 26 (c). FORMS. through which such highway passes; and you are allowed to charge the reasonable expenses of providing and erecting the same in your accounts. A. B. VI. Forms as to Widening or Diverting, &c. Highways. (No. 26). Middlesex.-WE two of his Majesty's justices of the peace for the said county, acting within the [hundred &c.] of within the said county, having upon view found, that a certain part of the highway between and in the [parish &c.] of in the said [hundred], for the length of yards, or thereabouts, and particularly described in the plan hereunto annexed, is for the greatest part thereof nurrow, and cannot be conveniently enlarged and made commodious for travellers, without diverting and turning the same; and having viewed a course proposed for the said new highway, through the lands and grounds of and of the length of yards, or thereabouts, and of the breadth of feet, or thereabouts, particularly described in the plan hereunto annexed, which we think will be much more commodious to the public; We do hereby order, that the said highway be diverted and turned through the lands aforesaid; and that the surveyor of the highways for the [parish &c.] of where the said old highway lies, do forthwith proceed to treat and make agreement with the said and , for the recompense to be made for the said ground, and for the making such ditches and fences as shall be necessary, in such manner, with such approbation, and by pursuing such measures and directions in all respects, as are warranted and prescribed by 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; and in case such agreement shall be made as aforesaid, we do order an equal assessment, not exceeding the rate of sixpence in the pound, to be made, levied, and collected, upon all and every the occupiers of lands, tenements, woods, tithes, and hereditaments, in the said [parish &c.] of ; and that the money arising thereupon be paid and applied in making such recompense and satisfaction as aforesaid, pursuant to the directions of the said act. A. B. C. D. When it is only to be widened, leave out the words in Roman, and insert “ but may be conveniently enlarged and widened, by adding thereto from.” When it is only to be widened, omit these words, and say, "widened and enlarged." (No. 27). To the justices of the peace, at their general quarter sessions, to be held at 18 " WE, the within-named A. B. and C. D., do hereby certify to the said court of quarter sessions, that we made and signed the within order; and that, with our approbation, and by our direction, the said surveyor hath treated with the said and , for the said lands required for the purposes aforesaid, but was not able to make any agreement for that purpose with them, or either of them; and that he tendered to the said the sum of and to the said the sum of pense for the said ground, and for the making the said ditches and fences, which they, and each of them, refused to receive. as a recom A. B. (No. 28). Order for stopping up the old highway, and selling the land, &c. thereof, under 13 Geo. 3, c. 78, s. 17 (c). WE whose names are subscribed, being the justices of peace who have viewed the several highways described in the plans hereunto annexed, and made an order for diverting the old highway; und being satisfied that the new highway therein described is properly made, and fit for the reception of travellers, do hereby order the said old highway, being of the length of yards, and of the breadth of upon a medium, as appears by the said plan, to be stopped up, and the land and soil thereof to be sold by the said surveyor to whose lands adjoin thereto, if he shall be willing to purchase the same, for the full value thereof; if not, to some other feet, (b) The act gives this form, see ante, 38. (c) The act gives this form, see ante, 39. , a free person or persons for the full value thereof: (reserving, nevertheless, to If there are more highways than one to be stopped up, there should be a separate order for each. • This to be inserted where necessary, and to be varied as the circumstances of the case may require. FORMS. (No. 29). WE the above-named justices do certify, that the old highway, hereinbefore mentioned and described, was sold by the said surveyor to with our approbation, for the sum of ; which sum we do order the said to pay to the said surveyor, to be applied in purchasing the land, and making the said new highway; and if any surplus remains, we do order, that the same shall be applied for the use of the highways within the said [parish &c.] of Certificate to be written under such order (a). RECEIVED the day of being the full consideration-money for the purchase of the said old highway hereinbefore described, pursuant to the said orders and certificate. Receipt for purchase-money, to be indorsed upon, or written under such certificate (b). (No. 31.) Middlesex.-WE, and Order of justices having, yards, esquires, two of his Majesty's justices of the peace for the said county, at a special sessions, held at in the [hundred] of in the said county, on the day of one thousand eight hundred and spon view, found, that a certain part of a highway &c. within the [parish &c.] of , in the said [hundred], lying between and for the length of er thereabouts, and particularly described in the plan hereunto annexed, may be diverted and turned so as to make the same nearer (or, more commodious) to the public; and having viewed a course proposed for the new highway, in lieu thereof, through the lands and grounds of of the length of yards, or thereabouts, and of the breadth of feel, or thereabouts, particularly described in the plan hereunto annexed; and having received evidence of the consent of the said to the said new highway being made through his lands hereinbefore described, by writing under kis hand and seal, we do hereby order, that the said highway be diverted and turned through the lands aforesaid; and we do order an equal assessment, &c. (in the same form as before mentioned, (No. 26). for diverting and turning a (public highway, bridleway, or footway, as the case shall be), through the lands of any person who consents thereto (c). I, A. B. of being owner of the lands described in the plan hereunto annexed, through which part of a certain highway, lying between and is intended to be diverted and turned, (in consideration of the sum of to be paid to me for the said land and the soil thereof; or, in consideration of the said old highway being sold, exchanged, and to be vested in me, and also of the sum of ,to be paid to me, as the case may be,) do hereby consent to the making and continuing such new highway through my said lands. Given under my hand and seal, this day of J. W. and T. H., two of his Majesty's justices of the peace in and for the county of for, [if the order be for turning, diverting, and stopping up, &c., here so state Consent from owners of the land through which a new highway is proposed to be made, under like act (d). (a) The act gives this form, see ante, 40. (b) The act gives this form, see ante, 40. (c) The 13 Geo. III. c. 78, gives this form. See that act, and the 55 Geo. III. c. 68, s. 2, ante, 42. (d) The act gives this form, see ante, 42. Notice of order stopping up an FORMS. it, and describe the road ordered to be turned, diverted, and stopped up;-if the order be for stopping up a useless road, here so state it, and describe the road ordered to be stopped up], and that the said order will be lodged with the clerk of the peace for the said county, at the general quarter sessions of the peace to be holden at in and for the said county, on the day of next; and also, that the said order will at the said quarter sessions be confirmed and enrolled, unless, upon an appeal against the same to be then made, it be otherwise determined. 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, trees, &c. &c. under 13 Geo. 3, c. 78, ss. 7, 51 (a). VII. Forms as to Special Sessions and Parish Meetings. (No. 34). County of To J. W., high constable of the [hundred] of of WE, two of his Majesty's justices of the peace for the said county, (one whereof is of the quorum), do hereby require you, immediately upon the receipt hereof, to issue your warrants to all the petty constables within your said [hundred], in the form hereon indorsed. Given under our hands and seals, the day of , in the year of our Lord one thousand eight hundred and (L. S.) (L. s.) High constable's precept for a special sessions for surveyors to make return as to state of highways, &c. (a). County of Hundred of (No. 35). To the constable of the [parish] of BY virtue of a precept from two of his Majesty's justices of the peace for the acting within the said [hundred], to me directed, you are hereby recounty of quired to give notice to the surveyors of the highways within your said [parish], that they are personally to appear before the said justices, at a special sessions to be held for the said [hundred] of for executing the purposes of the acts relating to the highways, on the day of next, at the hour of in the forenoon of the same day, at in the said county, then and there to make returns in writing of the state of all the roads, common highways, bridges, causeways, pavements, hedges, ditches, and watercourses appertaining to, and of all nuisances and encroachments made upon, the several highways within their respective parishes, and of which they are surveyors, and also of all persons who have neglected, or shall neglect, in your said constable-wick, to cut, prune, and plash their hedges, to cut, prune, or lop the trees growing in or near such hedges and fences as adjoin the highways, and to open, cleanse, and scour the ditches and watercourses; and also at the same time to be examined as to the written notices by them given for these purposes, as well as to what they may have done in their office, in giving notice in the church of the time and place for compounding for statute labour on the highways, and otherwise for carrying of the highway acts into execution. You will further inform the said surveyors of the highways that they may then have an order of two magistrates, to enable them to receive a composition in money, instead of performance of statute duty in kind. You will moreover inform all those justices of the peace, who reside in your [parish], of the time and place appointed for the said sessions. And be you then there to make due return hereof. Given under my hand, at in the said county, the day of one thousand eight hundred and Surveyor's return of the state of the highways under 13 G. 3, c. 78, s. 12, (b). (No. 36.) WE, A. B. and C. D., surveyors of the highways for the [parish] of to wit. do hereby certify, that we have, in pursuance of a warrant to us directed, taken a view of all the roads, highways, &c., (as in form (No. 35) within our said [parish], and that the same are in good repair, that his Majesty's subjects may pass and repass without danger; and that there are no nuisances or encroachments (No. 37). , on NOTICE is hereby given, that a vestry, or public meeting, will be held at the day of next, at the hour of in the noon, in order to consult about the times when it will be most convenient for the inhabitants of this parish, &c. to be excused from being called forth to perform their statute duty, according to the indulgence given them by the act, passed in the thirteenth year of the reign of his Majesty king George the third, For the amendment and preservation of the highways. Dated the day of A. B. constable, [headborough, &c.] 18 " See a form, infra, as to meetings to appoint surveyors. VIII. Forms as to the Surveyors of Highways. (No. 38). Middlesex.-To the constables, headboroughs, and tithingmen, within the [hundred, riding, division, liberty, or precinct, as the case shall be], of , in the said county. IN order to carry into execution an act made in the thirteenth year of the reign of kis late Majesty king George the third, For the amendment and preservation of the public highways, you are hereby severally required forthwith to give public notice to the churchwardens, surveyors of the highways, and householders, being assessed to any parochial or public rate within your respective liberties, that they do assemble on the 22nd day of September next, at the church or chapel, or if there shall be no church or chapel, then at the usual place of public meetings within their respective liberties, at the hour of eleven in the forenoon; and that the major part of them so assembled do make a list of the names of at least ten persons living therein, who each of them have an estate in lands, tenements, or hereditaments, lying within the same, in their own right, or in right of their wives, of the value of 101. by the year; or a personal estate of the value of 1001; or are occupiers or tenants of houses, lands, tenements, or hereditaments, of the yearly value of 301. And if there shall not be ten persons having such qualifications, then that they do insert in such list the names of so many of such persons as are so qualified, together with the names of the most sufficient and able inhabitants not so qualified, as shall make up the number ten, if so many can be found; if not, so many as shall be there resident, to serve the office of surveyor of the highways: And you are also severally required, within three days after making the said list, to deliver a copy thereof to one of the justices of the peace of the said [hundred, riding, division, &c. as the case shall be], living in or near the same [parish, &c.]; and also to give personal notices to, or cause notices in writing to be left at the places of abode of the several persons contained in such list, informing them of their being ∞ named, to the intent that they may severally appear before the said justices at their special sessions to be holden at within the said [hundred, &c.] on the day of now next ensuing, at the hour of in the forenoon of the same day, to accept such office, if they shall be appointed thereto, or to shew cause, if they have any, against their being appointed; and you are likewise to give notice to the present surveyors of the highways within your respective liberties to appear at the same time and place, and produce such accounts and lists before the said justices as are required by the said act; and you and each of you are personally to appear before the said justices, at their said special sessions, and then and there severally deliver to the said justices the said original list or lists taken within your respective liberties, and give an account of the execution of this our precept. Given under our hands and seals, day of , in the year of our Lord the (No. 39.) ALIST of the several persons named for surveyors of the highways for the [insert the List of persons to name of the parish, township, or place], at a meeting held at the day of , 18. A. B. C. D. &c. , in the said [This is to be added when a particular person is recommended.] We whose names are subscribed, being two parts in three of the persons assembled (a) The act gives this form, see ante, 48. (b) The act gives this form, see ante, 49. be returned to the justices (b). |