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the amendment and preservation of the highways," subject to such restrictions as are therein contained. Given under our hands and seals the day and year above written.

Α. Β.
C. D.

No. XXIII. Surveyor's application to a justice of peace, for his licence to take stones for repairing the highways from lands being private property, on affidavit that the same are necessary for repair of the highways, and that the occupier, on request, had refused permission. - Vide ante, p. 152.

Be it

Middlesex. remembered, that on the day (of, at —, in the said county, A. S. surveyor of the highways within the parish of, in the said county, in his proper person, cometh before me J. P. esq., one of his Majesty's justices of the peace in and for the said county, and maketh complaint on oath that he hath applied to A. O. of, for his consent to gather stones from the lands called, being the freehold of him the said A. O., and now in his actual occupation within the said parish of, and county of Middlesex, for the purpose of repairing and amending the highways with the said parish; and further upon his oath the said A. S. giveth me the said justice to understand and be informed, that the said stones are necessary materials for the repair of the said highways, and that proper 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.

No. XXIV. Licence from a justice of peace for a surveyor to gather stones upon inclosed lands for the repair of the highways. From Schedule to Stat. 13 Geo. 3. c. 78. - Vide ante, p. 152.

Middlesex. To the surveyor of the highways for the [parish] of, in the [hundred] of in the said county.

Whereas, by an Act passed in the 13th year of the reign of his 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 show 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, day of, 18-.

the

the amendment and preservation of the highways," subject to such restrictions as are therein contained. Given under our hands and seals the day and year above written.

Α. Β.
C. D.

No. XXIII. Surveyor's application to a justice of peace, for his licence to take stones for repairing the highways from lands being private property, on affidavit that the same are necessary for repair of the highways, and that the occupier, on request, had refused permission. - Vide ante, p. 152.

Middlesex.

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Be it remembered, that on the of, at, in the said county, A. S. surveyor of the highways within the parish of, in the said county, in his proper person, cometh before me J. P. esq., one of his Majesty's justices of the peace in and for the said county, and maketh complaint on oath that he hath applied to A. O. of, for his consent to gather stones from the lands called, being the freehold of him the said A. O., and now in his actual occupation within the said parish of, and county of Middlesex, for the purpose of repairing and amending the highways with the said parish; and further upon his oath the said A. S. giveth me the said justice to understand and be informed, that the said stones are necessary materials for the repair of the said highways, and that proper 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.

No. XXIV. Licence from a justice of peace for a surveyor to gather stones upon inclosed lands for the repair of the highways. From Schedule to Stat. 13 Geo. 3. c. 78. - Vide ante, p. 152.

Middlesex. To the surveyor of the highways for the ( [parish] of, in the [hundred] of in the said county.

Whereas, by an Act passed in the 13th year of the reign of his 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 show 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.

and towards the amending, repairing, and supporting the highways within the said, and that you the said A. O. have refused and neglected to pay the same within ten days after demand thereof made, and have not yet paid the same. These are therefore to require you personally to appear before me (or such other of his Majesty's justices of the peace as shall be present) at -, in the said county, on the day of -, at the hour of in the noon, there to answer to the said complaint and information, and to show cause why the said sum should not be levied on your goods and chattels pursuant to the said Statutes. Herein fail not. Given under my hand and seal, this day of, in the year of our Lord 18-.

No. XXVIII. Warrant of distress for non-payment of money charged by an assessment (a).-From Schedule to Stat. 13 Geo. 3. c. 78. - Vide ante, p. 168.

Middlesex.

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To the constable, headborough, or tythingman of, in the said county.

Whereas, by an assessment made upon the occupiers of lands, tenements, woods, tithes, and hereditaments, within the [parish, &c.] of in the said county, for the purpose of, &c. [as stated in the justices' order] pursuant to an order of justices for that purpose, according to the directions of the Act passed in the 13th year of the reign of his Majesty King George the Third, "For the amendment and preservation of the highways," A. B. was charged with the sum of as his share and proportion of the said assessment, in respect of the lands, tenements, woods, tithes, and hereditaments, which he occupied within the said [parish, &c.]: And whereas it appears to me upon the oath of, that the said sum of hath been duly demanded from the said A. B., and that he hath refused to pay the same for the space of ten days after such demand made; these are therefore, in his

(a) For the constable's return when there are no effects, and the

thereof, see post, Nos. LXI. and

LXII.

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