Page images
PDF
EPUB

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 hawkers and pedlars 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 him, did then and there refuse to produce and shew his said licence for so trading as aforesaid, unto one A. C., [“ constable of the parish aforesaid]," although the same was then and there demanded by the said A. C., as such ["constable"] as aforesaid; contrary to the form of the statute in such case made and provided. Whereby, &c [Conclude as in form (No. 1), supra.]

(6). Summons on either of preceding informations.

(7). Conviction.

(8). Warrant of distress.

(9). Commitn ent for non payment.

To A. C., the constable of the parish of

in the said county of ·

to whom else this may concern: WHEREAS A. I., of &c., did, on &c., 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., late of &c. [state the offence, as in the information]; these are, therefore, to command you, in her said Majesty's name, forthwith to summon the said C. D. to apper 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 b and receive what to law doth appertain; and be you then there to certify why shall have done in the execution hereof. Herein fail you not. Given under my and seal, the day of, in the year of our Lord

J. P.

A general form of conviction is given by the 50 Geo. III. c. 41. See ante, p. 494.

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 dey convicted by me, of [state the offence, as in the information.] And whereupon t was then and there adjudged by me, the said justice, that the said C. D. had feited, for his said offence, the sum of ten pounds of lawful money of Great Brites to be distributed according as the law directs. And whereas the said C. D. has had notice of the said conviction, but hath refused or neglected to pay, and hath not get paid the said sum, pursuant to the said conviction, which hath been fully proved be fore me: These are, therefore, to command you to levy the sum of ["tea"] poundi by distress and sale of the goods and chattels of the said C. D., or of the goods chattels with which the said C. D. was so found trading, as aforesaid. And do hereby order and direct the goods and chattels 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 ["ten"] pounds, for which such distress shall be made, together with reasonable charges of taking such distress, shall be sooner paid. And you are hereby commanded to certify to me what you shall do by virtue of this warra Given under my hand and seal, at day of in the year of Lord

the

[ocr errors]

J. B

To the constable of · in the said county, and to the keeper of the common gi [or house of correction] at —, in the said county.

These are to command you the said constable in her Majesty's name forthwith to ca 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 – others, for that he the said C. D. [State the offence as in the information. Conclude thus:]—and, upon full consideration had thereon, I, the said justice, have duly convicted him of the said offence, and have adjudged him to forfeit and pay, for his said offisch the sum of ten pounds of lawful money of Great Britain, which said sum of ten penda has been demanded of the said C. D. by me the said justice, and he has not paid th said penalty. Him therefore safely keep in your custody until the said sum of t pounds shall be levied by distress and sale of the goods and chattels of the said C. Da or of the goods and chattels with which he was so as aforesaid found trading, together with the reasonable costs and charges of taking such distress, or until the same for

feiture shall be otherwise paid or satisfied; provided that the time of such imprison- 15. Forms. 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

[ocr errors][ocr errors]

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

Hay.

As to the malicious burning of, see ante, "Burning," Vol. I. Stats. 2 Will. III. sess. 2, c. 8, and 8 & 9 Will. III. 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. c. 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.

Heit. Forfeiture of lands, &c., on conviction, see "Forfeiture,”

Vol. III.

Hemp and Flax.

or 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 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 hemp and flax in England yearly, a sum not exceeding 63357. 158., (27 Geo. III. c. 13, s. 65), at the rate of 3d. per stone of hemp and 4d. per stone of flax, was directed to be raised in the year 1787, and for ewery 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 money to be set apart for encouragement of rising hemp, &c.

Herring Fishery. See "Fisheries," Vol. III.

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

VOL. III.

K K

Bounty for encouragement of and flax.

growth of hemp

Highways.

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.

Herein

I. CONCERNING HIGHWAYS IN GENERAL.

II. CONCERNING TURNPIKE ROADS IN PARTICULAR.

1. CONCERNING HIGHWAYS IN GENERAL.

I. 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 Ac 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 Pr rishes, Nature of Repairs, &c., p. 515.

2. The liability of a Township or part of a Parish to repair, p. 521.

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

522.

4. Liability of Individuals to repair in respect of Inclosure,

p. 522.

5. Liability of Individuals, &c., to repair by Prescription, &c., p. 523.

6. Repair of Roads, passing over, &c., Bridges, p. 525. 7. Board for Repairs, p. 526.

8. Power of Board to hire, &c., Premises for keeping Materials, &c., and to direct how Highways to be pared,

p. 527.

VI. Repair of Highways-(continued).

9. Direction Posts to be erected, and Causeways to be secured from Carriages, &c., p. 527.

10. Grounds adjoining Roads, except Gardens, &c., may be used as temporary Roads, p. 528.

11. Surveyor to remove Obstructions from Snow or falling down of Banks, &c., p. 528.

VII. Materials for Repairs, p. 528.

1. Contract for, by Surveyor, p. 528.

2. Penalty for taking away Materials, &c., p. 529.

3. Sale of Lands allotted for Materials, p. 529.

4. Compensation for Damages may be renounced, p. 529.

5. Power of Trustees of Lands given for Maintenance of Highways, to grant Leases, &c., p. 530.

6. Mode of getting Materials by Surveyors, and their Duties as to, p. 530.

VIII. Surveyors. Their Appointment, Qualification, Exemption from Office, Deputy, Salary, and Duties, &c., p. 533 to 537.

IX. District Surveyors.

c., p. 537 to 539.

Formation of Parishes into Districts,

X. Surveyors' Accounts. Inspection and enforcing Payment of, &c., p. 539 to 543.

XI. Highway Rates, p. 543.

1. How Rate to be assessed, p. 543.

2. Poor Rate Assessments may be inspected by Surveyor, p. 544.

3. Form and Amount of the Rate, p. 544.

4. Powers in Local Acts of compounding for Rates extended to the Surveyor, p. 545.

5. Errors in Rates may be corrected, p. 545.

6. Poor Persons may be discharged from, p. 545.

7. Persons exempt from former Statute Duty not liable to p. 546.

8. Mode of Proceeding for Recovery of, p. 546.

9. Rate-payers empowered to divide Carriage of Materials, p. 547.

XII. Collector of Highway Rates, and his Accounts, p. 548.

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

563.

3.-Provisions as to widening and diverting, &c., €2tended to Highways repairable ratione tenura,

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, &c., 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 Drivers, den
p. 571.

7. Wheels and Weights of Carriages, &c., p. 573.
8. Surveyor leaving Things on Highway at Night, p. 514.
9. Riding, &c., on Footways. Tethering Horses. Injuring
Road. Damaging Direction Posts, &c. Playing at
Games. Encamping on Roads. Making Fires. Bait-
ing Bulls. Laying Rubbish. Running Filth, &
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 Obstructions,

p. 584.

13. Power of, to impound Straying Cattle, &c., p. 584.
14. Abatement of Nuisances, &c., by Common Law, p. 580.
15. Indictment for. Punishment for, &c., p. 586.
16. Presentment for, p. 587.

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, &c., 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.

« PreviousContinue »