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lie) on three successive Sundays subsequent to the making of such order.

No. 37. Order of two Justices for turning a Public Highway, Bridleway, or Footway, through any person's lands, with the Owner's Consent, under 55 Geo. 3. c. 68. s. 2.

County of

to wit. dred of

and

in

We W. R. and E. R. M. esquires, two of his majesty's justices of the peace for the said county, at a special sessions held at in the hunin the said county, on the day of one thousand eight hundred and having upon view found that a certain part of a highway within the of the said hundred, lying between for the length of yards or 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 feet 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 herein before described, by writing under his 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, not exceeding the rate of 6d. in the pound, to be made, levied, and collected upon all every the occupiers of lands, tenements, woods, tithes, and hereditaments in the said and that the money arising thereupon be paid and applied in making recompence and satisfaction for the same unto the said

and

of

and

is

No. 38. Form of Consent, under 55 Geo. 3. c. 68. s. 2. I of in the county of being owner of the lands described in the plan hereunto annexed, through which part of a certain highway lying between 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, &c. and to be vested in me, and also of the to be paid to me, as the case may be] do

sum of

hereby consent to the making and continuing such new highway through my said lands. Given under my hand and seal, day of one thousand eight hundred and

this

No. 39. Notice of Application to be made for a General Assessment, under 13 Geo. 3. c. 78. s. 45.

County of Notice is hereby given, that application will be made to the justices of the peace acting for the hundred of in the said county, at

to wit.

their special on the

sessions to be held at
day of

in the said hundred, one thousand eight hundred and for an equal assessment to be made, not exceeding in the pound, upon all and every the occupiers of lands, tenements, woods, tithes, and hereditaments, within the

of

for the use and benefit of the highways within the Dated this

said
eight hundred and

day of

one thousand

A. B. Surveyor.

No. 40. Order for such General Assessment, under 13

County of

to wit.

Geo. 3. c. 3. c. 78. s. 30. 45.

At a special sessions for the highways, held at

in the hundred of

day of

in the said one thousand

county, the
eight hundred and by justices of the
peace for the said county acting within the
said hundred.

of

Upon application made to us by the surveyor of the highways for the and upon evidence given upon oath before us, that the duty directed to be performed, and the money authorized to be collected and received by an act, passed in the thirteenth year of the reign of his majesty king George the third, "for the amendment and preservation of the highways," have been performed, applied, and expended, according to the directions of the said act:

[Or,-upon evidence given upon oath before us, we are fully satisfied, that the common highways, bridges, causeways, streets, and pavements, belonging to the

of

are

so far out of order, that they cannot be sufficiently amended and repaired, paved, cleansed and supported, by the means pre

scribed by an act passed in the thirteenth year of the reign of his majesty king George the third, "for the amendment and preservation of the highways:"]

And it appearing to us, that notice hath been duly given of such intended application, according to the direction of the said act, we do hereby order, direct, and appoint, that an equal assessment, not exceeding the sum of in the pound,* upon all and every the occupiers of lands, tenements, woods, tithes, and hereditaments, within the said of shall be forthwith made by the said surveyor, and shall be allowed by one justice of the peace for the said hundred, and shall be collected by the said surveyor, and that the money so to be assessed and collected shall be applied for and towards the amending, repairing, paving, cleansing, and supporting such highways, causeways, streets, pavements and bridges, [and for buying materials, making satisfaction for damages, erecting guide posts, and paying the surveyor's salary, these words may here be added, if there has not been a former assessment for those purposes,] according to the direction and true in

tent and meaning of the said act.

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No. 41. Surveyor's Oath on passing his Accounts, under 13 Geo. 3. c. 78. s. 48.

I do swear, that the accounts now produced and delivered by me, as surveyor of the highways for the

of

for the last year, are just and true to the best of my knowledge.

So help me God.

No. 42. Allowance of the Accounts, under 13 Geo. 3. c. 78. one thousand eight hundred and

October the

These accounts were examined and allowed before us.

If no assessment has been made for buying materials, &c. (under s. 30. of this act) this may amount to 9d. in the pound; but if a 6d. assessment had been made, it must in that case only be 3d. in the pound. 13 Geo. 3. c. 78, s. 40.

No. 43. Conviction of a Surveyor of Highways, for not delivering over his Books of Account to the Churchwardens and Overseers, under 13 Geo. 3. C. 78. s. 11.

County of Be it remembered, that on the

to wit.

day of

in the year of our Lord one thousand eight hundred and twenty

at

in the county of majesty's justices of the peace for the said county, and informed of the hamlet or division of in the township

came before me W. R. esq. one of his

me that of

in the said county, labourer, was surveyor of highways within the said hamlet, for the year ending at Michaelmas last past, and that afterwards, to wit, on the

day of

now

last past, at in the county aforesaid, a certain book of accounts of the said as such surveyor, and certain assessments for repairs of the said highways, were settled and allowed by clerk, and esquire, two of his majesty's justices of the peace in and for the said county, pursuant to the statute in such case made and provided; and that afterwards, to wit, from thenceforth to the time of exhibiting the said information and complaint, there was a churchwarden and overseers of the poor duly appointed in and for the township of aforesaid, including the said hamlet or division, and that the said during all the time last aforesaid, neglected to transmit and deliver to such churchwarden and overseers, or any or either of them, the said book and assessments so settled and allowed as aforesaid, contrary to the form of the statute in such case made and provided: Whereupon the said after being duly summoned to answer the said

and

*

day of

at

charge, appeared before me on the 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 oaths of two credible witnesses, it manifestly appears to me the said justice, that he the said is guilty of the offence charged upon him by the said information; It is therefore considered and adjudged by me the said justice, that the said be convicted, and I do hereby convict him of the offence aforesaid, and I do hereby declare and adjudge,

* What follows to the end is pursuant to the schedule xxxv. annexed to the act.

that he the said has forfeited the sum of 51. 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 under my hand and seal the day and year last aforesaid.

If the party does not appear upon the summons, then after the words " being duly summoned to answer the said charge," insert, [" did not appear before me pursuant to the said summons,"] or if he appeared and refused to make defence, [did neglect and refuse to make any defence against the said charge, but the same being fully proved, &c. as before.]

If the party confesses, 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," as above.]

No. 44. Summons for travelling with a Waggon with more Horses than allowed. 13 Geo. 3. c. 78. s. 32.

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County of

to wit.

carrier.

in the county of

Whereas complaint and information hath been made upon oath before me W. R. esquire, one of his majesty's justices of the

ing in and for the said county, by

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peace actof the parish of in the said county of that you being the owner of a certain waggon then having the side or bottom of the fellies of the wheel of the breadth or gauge of nine inches, did on the day last aforesaid pass and was drawn upon a certain turnpike road in the parish of in the county of aforesaid with more than eight horses, (that is to say) nine horses, contrary to the statute in such case made and provided: These are therefore to require you personally to appear before me at in the said county of instant, at the hour of

the

day of

,

on

in the noon, to answer the said complaint and information made by the said who is likewise directed to be then and there present to make good the same. Herein fail not. Given under my hand at in the said county, this day of one thousand eight hundred and

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