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15. Forms.

Parliament made and passed in the fiftieth year of the reign of his late Majesty King George the Third, intituled " An Act for placing the duties of harkers and ped lars under the management of the commissioners of hackney coaches," and then and there trading under and by virtue of the licence in that behalf granted to kiss, did then and there refuse to produce and shew his said licence for so trading as afore. said, unto one A.C., {"constable of the parish aforesaid),although the same was then and there demanded by the said A. C., as such [" conslable"] as aforesaid; contrary to the form of the statute in such case made and provided. Whereby, šī (Conclude as in forın (No. 1), supra.]

(6). Summons on either of preceding informations,

To A. C., the constable of the parish of , in the said county of , and

to whom else this may concern : WHEREAS A. I., of fc., did, on fc., come before me, J. P., one of Her Majesty's justices of the peace in and for the said county, and make information that C.D., Tate of fc. [state the offence, as in the information); these are, therefore, to con mand you, in her said Majesty's name, forthwith to summon the said C. D. to appear before me, at — , in the said county, on the day of , at the hour of the forenoon of the same day, to answer unto the said complaint, and further to s and receive what to law doth appertain; and be you then there to certify tekat is shall have done in the execution hereof. Herein fail you not. Given under my hand and seal, the day of , in the year of our Lord

(7). Conviction.

A general form ante, p. 494.

of conviction is given by the 50 Geo. III. c. 41. See

(8). Warrant of distress,

To A. C., the constable of — , in the said county of

Whereas C. D., late of &c., was, on $c., at &c., in the said county, before [* me") J.P., Esq., one of her Majesty's justices residing near to — , in the said - daly convicted by me, of [state the offence, as in the information. And wherexpert was then and there adjudged by me, the said justice, that the said C. D. had fe. feited, for his said offence, the sum of ten pounds of lawful money of Great Britain to be distributed according as the law directs. And whereus the said C. D. has had notice of the said conviction, but hath refused or neglected to pay, and late not yet paid the said sum, pursuant to the said conviction, which hath been fully proved be fore me: These are, therefore, lo command you to levy the sum of ["len") posed by distress and sale of the goods and chattels of the said C. D., or of the goods and chattels with which the said C. D. was so found trading, as aforesaid. As do hereby order and direct the goods and challels so to be distrained, to be sold and disposed of within — [not less than four nor more than eight] days, unless the said sum of ["len"'] pounds, for which such distress shall be made, together with the reasonable charges of taking such distress, shall be sooner paid. And you are sila hereby commanded to certify to me what you shall do by virtue of this warra. Given under my hand and seal, at the day of in the year of est Lord

(9). Commitn ent for non payment.

To the constable of in the said county, and to the keeper of the common gas [or house of correction) at — , in the said county.

These are to command you the said constable in her Majesty's name forthwith te os. vey and deliver, into the custody of the said keeper of the said common gaol, the body C. D., charged this day before me the said justice on the oath of A. B., of —, 99d others, for that he the said C. D. (State the offence as in the information. Conelude thus:]-and, upon full consideration had thereon, I, the said justice, have duly consided him of the said offence, and have adjudged him to forfeil and pay, for his said offeber, the sum of ten pounds of lawful money of Great Britain, which said sum of tes posads has been demanded of the said C. D. by me the said justice, and he has not paid the said penalty. Him therefore safely keep in your custody until the said sum of ten pounds shall be levied by distress and sale of the goods and chattels of the said C.D., or of the goods and chaltels with which he was so as aforesaid found trading, tegelker with the reasonable costs and charges of taking such distress, or until the same før. 15. Forms.


feiture shall be otherwise paid or satisfied; provided that the time of such imprison. ment shall not exceed the space of three months; and for so doing this shall be your sufficient warrant. Given under my hand and seal, this day of , in the year of our Lord —

Hawks and Hawking. See ante, Game," Vol. III.

As to the malicious burning of, see ante, Burning," Vol. I.

Stats. 2 Will. III. sess. 2, c. 8, and 8 & 9 Will. ÍII. c. 17, and 31 Geo. II. c. 40, containing regulations concerning the selling of hay, straw, and cattle, within the bills of mortality, are, by stat. 36 Geo. III. e. 88, repealed, so far as relates to hay and straw, but are not general enough to be here inserted at large.

The 4 Will. IV. c. 21, repeals part of the provisions contained in the 36 Geo. III. c. 88, as to certain markets.

Hearsay Evidence.

See Evidence," Vol. II. p. 374.

Hedge-breaking. See Wood,Vol. VI.:and as to Breaking

Fences of Parks, see Malicious Injuries to Property,Vol. V.

p. 43. Weir. Forfeiture of lands, &c., on conviction, see Forfeiture,”

Vol. III.

Hemp and Flax. By stat. 33 Hen. VIII. c. 17, it shall not be lawful to any person to Watering hemp water any hemp or flax in any river, running water, stream, brook, or or flax. other common pond, where beasts used to be watered, on pain that every person offending shall forfeit 20s., half to the King, and half to the party grieved, or any other who shall sue in any court of record, leet, or law day.

By stat. 26 Geo. III. c. 43, for the encouragement of the growth of Bounty for en hemp and flax in England yearly, a sum not exceeding 63351. 158., couragementro (27 Geo. III. c. 13, s. 65), at the rate of 3d. per stone of hemp and 4d. and flax. per stone of flax, was directed to be raised in the year 1787, and for every subsequent year, to be paid to the grower, or other person who breaks or properly prepares the same for market. And certain regulations relative thereto were placed under the cognizance of the justices at sessions. But the act was to continue in force for seven years only, and from thence to the end of the next session of Parliament, and is now expired.

The 4 & 5 Will, IV. c. 14, repeals so much of the 27 Geo. III. c. 13, or any other act, as authorizes mouey to be set apart for encouragement of raising hemp, &c.

Derring Fishery. See Fisheries," Vol. III.

Brides and Skins. See " Excise," Vol. II.; "Leather," post.





BRIDGES repaired by the parish or township, and which conse-
quently come under the cognizance of the surveyor of the highways,
are comprehended under this title. County bridges are treated of under
title “ Bridges," Vol. I.


I. CONCERNING HIGHWAYS IN GENERAL. 1. What is a Highway, p. 502.

1. At Common Law, p. 502.

2. Under the Highway Act, p. 503.
II. How created, p. 504.

1. By Prescription, p. 504.
2. By Dedication, p. 505.
3. By Act of Parliament, p. 508.
4. By Necessity, p. 509.

III. Ownership of Soil, &c., in Highways, p. 511.
IV. Repeal of former Statutes by the General Highway Act,

5 & 6 Will, IV. c. 50, p. 512.

V. Interpretation Clause of that Act, p. 514. VI. Repair of Highways, p. 514.

1. Liability of Parish to repair, Highways in two Po

rishes, Nature of Repairs, &c., p.515. 2. The liability of a Township or part of a Parish so

repair, p. 521. 3. The liability of an Extra-Parochial place to repair, P:

522. 4. Liability of Individuals to repair in respect of Incloure,

p. 522. 5. Liability of Individuals, 8c., to repair by Prescription,

8c., p. 523. 6. Repair of Roads, passing over, 8c., Bridges, p. 525. 7. Board for Repairs, p. 526. 8. Power of Board to hire, fc., Premises for keeping Mate

rials, fic., and to direct how Highways to be pared, p. 527.


XIII. Widening, changing, and stopping up Highways, p. 549.

1. By the Common Law, p. 549.
2. By Statute, p. 551.

1.-Widening and enlarging of, p. 551.
2.-Stopping up, diverting, and turning of, p. 554 to

3.-Provisions as to widening and diverting, 16., (3-

tended to Highways repairable ratione tenure,

p. 563. XIV. Special Sessions for purposes of Highways, p. 564.

XV. Width of Cartways, p. 564.
XVI. What to be deemed Centre of Highway, p. 565.
XVII. Nuisances, Injuries, and Obstructions on Highways, p. 565.

1. Trees and Hedges, &c., p. 565.
2. Ditches and Drains, 8c., p. 568.
3. Encroachments on, p. 569.
4. Pits, Steam-Engines, Machines, Windmills, Kilns, Rail-

ways, &c., p. 569.
5. Gates, p. 571.
6. Carts and Carriages, Misbehaviour of Drirera, sin

p. 571. 7. Wheels and Weights of Carriages, 8c., p. 573. 8. Surveyor leaving Things on Highway at Night, p. 514. 9. Riding, Sc., on Footways. Tethering Horses. Injuring

Road. Damaging Direction Posts, fc. Playing it Games. Encamping on Roads. Making Fires. Baiting Bulls. Laying Rubbish. Running Filth, dem

Wilfully obstructing Passage, p. 574. 10. Injuries and Annoyances at Common Law, p. 575. 11. Securing Offenders, p. 583. 12. Power of Surveyor to remove Nuisances and Obstruction,

p. 584. 13. Power of, to impound Straying Cattle, 8c., p. 584. 14. Abatement of Nuisances, &c., by Common Law, p. 586. 15. Indictment for. Punishment for, 8c., p. 586. 16. Presentment for, p. 687. 17. Information for in Q. B., p. 588.

18. Action for, p. 588. XVIII. Proceedings for not repairing Highways, p. 588.

1. Mode of Proceeding before Justices where Obligation to

repair is not disputed, p. 588.
2. Mode of Proceeding by Indictment where Obligation to

repair is disputed. Fines, Costs, 8c., p. 591.
3. Information in Q. B. for not repairing, p. 603.
4. Mandamus for not repairing, p. 603.
5. Entering and repairing at Common Law, p. 604.
6. Presentments for, abolished, p. 604.

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