9. Form of entering Balances, &c. of Surveyors' Accounts, &c. in "The Special Sessions Book," from which the Statement No. 8, supra, can afterwards be filled up.

N., 27th March, 1849.
County of C. At a special session, held pursuant to precepts issued for the purpose, the surveyors of highways of the several parishes
Division of N. passed their accounts for the past year, the respective receipts and expenditure therein appearing as below, and the
names of the persons respectively set opposite the names of the several parishes were returned as having been appointed in
vestry as surveyors of the highways for the year ensuing.

10. Appointment of Surveyor by Justices, where Vestry have not done so, Oke's Synop. &c. (Id. s. 11. (Given in Act.)

2nd ed.

P. 373.

in the

At a special sessions for the highways, held at to wit. division, &c. of by --, justices of the peace for the said county, acting within the said division, &c., on the day of

Whereas it hath appeared to us the said justices, on the oath of A. B., an inhabitant of the parish of that the inhabitants of the said parish in vestry assembled have neglected [or refused] to nominate and elect a surveyor in manner and for the purposes mentioned in a certain act, made and passed in the fifth and sixth years of the reign of King William the Fourth, intituled "An Act," &c. [here set out title of act (a)], [or that the surveyor appointed by the inhabitants of the said parish is dead, or has ceased to possess the qualification required by the said act, or has become disqualified, or has neglected to act, or has refused to carry into operation the duties imposed upon him by the said act], we do therefore hereby appoint you C. D. of -, surveyor for such parish, for the year ensuing [or for the space of -], with the salary of for your trouble; and you the said C. D. are faithfully and truly to execute the office of surveyor, according to the directions of the said statute. Given under our hands the day and year first above mentioned. To C. D.

E. F.

G. H.

11. Information on Oath, where Road out of repair, against Surveyor to show cause. (Id. s. 94.)]-Proceed as in the General Form No. 1, ante, p. 23, and then :-that a certain highway, situate in the said parish of in the division of N., in the said county, called, &c. [here insert a description and length of road, as: beginning at a certain place there situate, called and extending from thence towards a certain other and containing in length yards, and in breadth yards], was then and still is out of repair, the said part of the said highway being ruinous, miry, deep, broken, and in great decay [or as the case may be], and that E. F. and G. H., the surveyors of the highways of the said parish of -, are chargeable with the repair of the said highways*.

place called

12. Summons to the Snrveyors to show cause. (Id. s. 94.)]-Proceed as in the General Form No. 8 (A), ante, p. 26, reciting the Information, Form No. 10, supra, and after the date of appearance say, "at a special sessions for the highways, in and for the said division."

13. Order of Justices directing an Indictment to be preferred. (Id. s. 95.)
County of C. At a special sessions for the highways, held at the
to wit. in N., in and for the division of N. in the said county, by
her Majesty's justices of the peace for the said county, and
acting within the said division, on the day of

A.D. 1850.

Whereas, on the

day of

last, information on oath was made unto J. S., Esquire, one of her Majesty's justices of the peace in and for the said division, by C. D. of

in the same division,

(a) "An Act to consolidate and amend the Laws relating to Highways in that Part of Great Britain called England."

From Shelford, 2nd ed. p. 233.

Oke's Synop. 2nd ed. pp. 373,

374.

in the

farmer, that a certain highway, situate in the parish of
said division called, &c. [recite Information No. 11, supra, to the
asterisk ]: And whereas the said E. F. and G. H., the surveyors of
the highways of the said parish of have this day appeared before

us J. S. and J. L., Esquires, two of her Majesty's justices of the peace
in and for the said division, present at this special sessions, in pursuance
of a summons issued for that purpose by the said J. S., and we, the said
justices, having proceeded to hear the said summons, and the duty and
obligation of repairing the said highway being denied before us by the
said E. F. and G. H., as such surveyors as aforesaid, on behalf of the
inhabitants of the said parish of —, we the said justices, in pursuance
of the act of parliament in that behalf made, hereby direct a bill of indict-
ment to be preferred, and the necessary witnesses in support thereof to be
subpoenaed, at the next general quarter sessions of the peace, to be holden
in and for the said county, against the inhabitants of the said parish, for
suffering and permitting the said highway to be out of repair.
Given under our hands and seals, at the special sessions aforesaid.
J. S. (L.S.)
J. L. (L.S.)

14. Justices' Appointment of Person to view and report on Highway. (Id. s. 94.) (a).

[Caption as in Form No. 13, supra.]

Whereas, &c. [recite information as in Form No. 13, supra, then the surveyor's appearance or non-appearance as follows ] and whereas the said E. F. and G. H., the surveyors of the highways of the said parish of

have been duly summoned to appear here to answer the said information, and doth not appear accordingly, but the due service on him of the said summons is now here proved on oath before us J. S. and J. L., Esquires, two of her Majesty's justices of the peace in and for the said division, present at this special sessions, and it being duly proved to us the said justices, and we find that the said E. F. and G. H. are the surveyors of the highways of the said parish of, and that the same parish ought of right to repair the said highway complained of, and the obligation to repair it not being in question, we therefore proceeded herein according to the statute in that behalf, and do appoint J. S., of &c., a competent person in this behalf, to view the same highway and report thereon to the justices at an adjournment of this special sessions for the highways to be holden at the place first above-named on the day of

next;

and we direct the said surveyor and the said informant to attend at the same time and place.

Given, &c. [as in No. 13, supra.]

next, at the hour of

15. Order for Justices themselves to view. (Id.)]—Proceed as directed in Form No. 14, supra, to the asterisk*, then : — - fix the day of in the forenoon, on which two of us, namely, J. T. B., Clerk, and J. D., Esquire, will attend to view the said highway complained of, and we adjourn this special sessions to the same time and to, being contiguous to the said highway, to record the said view; and we direct the said surveyor and the said informant to attend at the same time and place.

Given, &c. [as in No. 13, supra.]

(a) This and the following forms have been adapted from those given in "The Bench Formulist."

16. Justice's Order to repair Highway. (Id.)

[Caption of" adjourned" special sessions as in Form No. 13, supra.] Whereas, &c. [recite Information as in Form No. 13, supra, then the surveyor's appearance or non-appearance, as in No. 14, supra, then :] and the said justices in special sessions for the highways, on the day last named, duly found that the said E. F. and G. H. were the surveyors of the highways of the said parish of, and that the same parish ought of right to repair the said highway complained of, and the obligation to repair it not being in question, the said justices, according to the statute in that behalf, did appoint J. I., of &c., [or did fix, &c., as the case may be] and now here the said E, F. and G. H., and the said C. D. the informant, attend the said J. I. also attends and reports to us [state his report],

for

[or now here upon the view of the said justices so appointed]; and after hearing both parties and their evidence on oath, and on consideration of the said matter, we find that the said highway so complained of is not in a state of thorough and effectual repair, and that the said E. F. and G. H. are still such surveyors as aforesaid, and we have therefore convicted the said E. F. and G. H. in the joint penalty of the said offence (a): and for ensuring the speedy reparation of the said highway, we appoint the period or term of- -, within which period or term the said highway so complained of, shall be thoroughly and effectually repaired by the said surveyors according to the said statute in that behalf: and we further adjourn this special sessions to the

at the

report.

day of

next, —, in the said division and county, for the said J. I. further to

[or for two of us the said justices further to view and record] whether the said repairs are duly and effectually made: and we direct the said surveyors and the said C. D., the informant, to attend at the same time and place.

Given, &c. [as in No. 13, supra.]

17. Information on Oath on disobedience of the last Order. (Id.)]Proceed as in the General Form No. 1, ante, p. 23:-that by an order made by justices of the peace for the said county, and acting in and for the said division, at an adjourned special sessions for the highways holden on the day of last, at the in N. in the said county and division, upon the report of J. I. (a competent person who had been duly appointed to view and report upon the after-mentioned highway], the view of, two of her Majesty's justices of the peace for the said county acting for the said division,]

[or upon it appeared to the justices at the said special sessions that a certain highway [describe it] was not in a state of thorough and effectual repair, and for ensuring the speedy reparation of the said highway so complained of, the said justices, at the said adjourned special sessions appointed the period of [state the order No. 16, supra, to the end]; yet the said surveyors have neglected and made default in making the said repairs within the time so limited, and the said highway so complained of is still out of repair, and that the sum of will be requisite for effectually repairing the same.

18. Summons thereon ]-This will be similar to Form No. 12, ante, p. 367, reciting Information No. 17, supra.

(a) The Conviction would be in the General Form No. 39 (I. 1), ante, p. 38.

BB

Oke's Synop.

19. Justices' Order to pay Money for Repairs. (Id.)]-This will be 2nd ed. p. 374. in the General Form No. 44 (K. 1), ante, p. 42, placing a caption as in Form No. 13, ante, p. 367, at the top, and reciting Information No.17, supra. N.B. This order may be enforced by the General Forms No. 66 (N. 2)—71, ante, pp. 57–59.

20. Order of Justices fixing Rate for carrying Materials by Rate Payers. (Id. s. 35.)

[Caption as in Form No. 13, ante, p. 367.]

We, the undersigned justices, present at the said special sessions (being our first meeting in special sessions for the highways after the twenty-fifth day of March in this year) do hereby fix the underwritten rate after which the rate payers of the parish of - in the said division, shall be paid by the surveyors of the highways thereof during the current year for the carrying of the material which may be required by the said surveyors for the repairs of the highways of the said parish or for taskwork therein, that is to say:

For every cubic yard of material so carried for the
purpose aforesaid one mile, the sum of

For every cubic yard of material so carried for the
purpose aforesaid two miles, the sum of

For every cubic yard of material so carried for the
purpose aforesaid three miles, the sum of.

£ s. d.

and the like in proportion for every cubic yard of material so carried as aforesaid for any less distance than a mile.

Given under our hands and seals at the special sessions above written.

J. T. B.

(L.S.)

Adapted from Shelford, 2nd ed. p. 220.

21. Notice by Surveyor of intention to take Meterials out of inclosed or open Field Lands. (Id. s. 53.)]—I, A. B. surveyor of the highways of the parish of -, in the county of do hereby give you notice and require you to appear before her Majesty's justices of the peace acting in and for the said county, at the in N. on the

day of

next, at a special sessions for the highways to be then and there holden, to show cause why materials for making [or repairing] the highway situate at ——————, and called -9 shall not be dug, taken, and carried away out of and from certain inclosed land [or grounds and premises], [or under 4 & 5 Vict. c. 51, certain open field land occupied exclu

sively for agricultural purposes],

situate at in the county of, and called close, of which you are the owner and occupier respectively, (that is to say) from and out of the north-west corner of the said inclosure of land adjoining to [as the case may be,] according to the directions of an act passed in the session of parliament held in the fifth and sixth years of the reign of his Majesty King William the Fourth, intituled "An Act" [see title in note(a) to Form No. 10, ante, p. 367.]

Dated this

day of

185-.

To Mr. I. K., the owner, and Mr. L. M.

the occupier, of the lands above-mentioned.

A. B. Surveyor.

22. Consent of Occupier and Owner instead of obtaining Justices' Licence.]-I, J. K., [or N. O. the agent of ] the owner of the lands within