No. XLII. Order of two justices for widening [or, diverting and turning] a highway. From Sched. to Stat. 13 Geo. 3. c. 78. Vide ante, p. 379. Middlesex. We, justices of the peace two of his Majesty's for the said county, within the 一, acting within the hundred, &c. of said county, having upon view found that a certain part of the highway between and, in the parish &c. of in the said hundred, for the length of yards, or thereabouts, and particularly described in the plan hereunto annexed is, for the greatest part thereof narrow [and cannot be conveniently enlarged and made commodious for travellers, without diverting and turning the same; and having viewed a course proposed for the said new highway, through(a)) the lands and grounds of and, of the length of yards, or thereabouts, and of the breadth of feet, or thereabouts, particularly described in the plan hereunto annexed, which we think will be much more commodious to the public, we do hereby order, That the said highway be [diverted and turned (b)] through the lands aforesaid; and that the surveyor of the highways for the (parish, &c.) of where the said old highway lies, do forthwith proceed to treat and make agreement with the said and for the recompence to be made for the said ground, and for the making such ditches and fences as shall be necessary, in such manner, with such approbation, and by pursuing such measures and directions in all respects as are warranted and prescribed by the Statute made in the 13th year of the reign of his Majesty King George the Third, "For the amendment and preservation of the highways;" and also by an Act passed in the 55th year of the reign of his said Majesty, intituled, "An Act to amend the said Act, in so far as the same relates to notice of appeal against turning or diverting a public highway, and to extend the provisions of the same Act to the stopping up of unnecessary roads." And in case such agreement shall be made as aforesaid, we do order an equal assessment, not exceeding the rate of sixpence in the pound, to be made, levied, and col (a) When it is only to be widened, leave out the words in italics, and insert-" But may be "dened, by adding thereto from." (b) Or, " widened and en" larged." lected upon all and every the occupiers of lands, tenements, woods, tithes, and hereditaments, in the said (parish, &c.) of - and that the money arising thereupon be paid and applied in making such recompence and satisfaction as aforesaid pursuant to the direction of the said Act. A. B. C. D. No. XLIII. Certificate from the said Justices to the To the justices of the peace, at their General Quarter and We, the within-named A. B. and C. D., do hereby certify to the said Court of Quarter Sessions, that we made and signed the within order; and that with our approbation, and by our direction, the said surveyor hath treated with the said for the said lands required for the purposes aforesaid, but was not able to make any agreement for that purpose with them, or either of them; and that he tendered to the said the sum of, and to the said the sum of, as a recompence for the said ground, and for the making the said ditches and fences, which they, and each of them, refused to receive. A. B. No. XLIV. Order for stopping up the old highway, and selling the land and soil thereof (b). - From Schedule to Stat. 13 Geo. 3. c. 78. - Vide ante, p. 388. We, whose names are subscribed, being the justices of the peace who have viewed the several highways described in the plans hereunto annexed, and made order for diverting the old highway; and being satisfied that the new highway therein described is properly made, (a) This is to be written upon the above order, when no agreement can be made. than one to be stopped up, there 1 No. XLII. Order of two justices for widening [or, diverting and turning] a highway. -From Sched. to Stat. 13 Geo. 3. c. 78. Vide ante, p. 379. Middlesex. We, his Majesty's justices of the peace for the said county, acting within the hundred, &c. of within the said county, having upon view found that a certain part of the highway between and, in the parish &c. of - in the said hundred, for the length of yards, or thereabouts, and particularly described in the plan hereunto annexed is, for the greatest part thereof narrow [and cannot be conveniently enlarged and made commodious for travellers, without diverting and turning the same; and having viewed a course proposed for the said new highway, through(a)) the lands and grounds of and, of the length of yards, or thereabouts, and of the breadth of feet, or thereabouts, particularly described in the plan hereunto annexed, which we think will be much more commodious to the public, we do hereby order, That the said highway be [diverted and turned (b)] through the lands aforesaid; and that the surveyor of the highways for the (parish, &c.) of where the said old highway lies, do forthwith proceed to treat and make agreement with the said - and for the recompence to be made for the said ground, and for the making such ditches and fences as shall be necessary, in such manner, with such approbation, and by pursuing such measures and directions in all respects as are warranted and prescribed by the Statute made in the 13th year of the reign of his Majesty King George the Third, "For the amendment and preservation of the highways;" and also by an Act passed in the 55th year of the reign of his said Majesty, intituled, "An Act to amend the said Act, in so far as the same relates to notice of appeal against turning or diverting a public highway, and to extend the provisions of the same Act to the stopping up of unnecessary roads." And in case such agreement shall be made as aforesaid, we do order an equal assessment, not exceeding the rate of sixpence in the pound, to be made, levied, and col (a) When it is only to be widened, leave out the words in italics, and insert-" But may be "dened, by adding thereto from." (b) Or,"widened and en" larged." lected upon all and every the occupiers of lands, tenements, woods, tithes, and hereditaments, in the said (parish, &c.) of —, and that the money arising thereupon be paid and applied in making such recompence and satisfaction as aforesaid pursuant to the direction of the said Act. Α. Β. No. XLIII. Certificate from the said Justices to the Court of Quarter Sessions (a). - From Schedule to Stat. 13 Geo. 3. c. 78. - Vide ante, p. 380. To the justices of the peace, at their General Quarter Sessions, to be held at - in the said county, the day of -. and We, the within-named A. B. and C. D., do hereby certify to the said Court of Quarter Sessions, that we made and signed the within order; and that with our approbation, and by our direction, the said surveyor hath treated with the said for the said lands required for the purposes aforesaid, but was not able to make any agreement for that purpose with them, or either of them; and that he tendered to the said the sum of, and to the said the sum of, as a recompence for the said ground, and for the making the said ditches and fences, which they, and each of them, refused to receive. A. B. C. D. No. XLIV. Order for stopping up the old highway, and selling the land and soil thereof (b).-From Schedule to Stat. 13 Geo. 3. c. 78. Vide ante, p. 388. We, whose names are subscribed, being the justices of the peace who have viewed the several highways described in the plans hereunto annexed, and made order for diverting the old highway; and being satisfied that the new highway therein described is properly made, (a) This is to be written upon the above order, when no agreement can be made. than one to be stopped up, there should be a separate order for each. See 6 B. & C. 645, note. and fit for the reception of travellers (a), do hereby order the said old highway, being of the length of yards, and of the breadth of feet, upon a medium, as appears by the said plan, to be stopped up, and the land and soil thereof to be sold by the said surveyor to -, whose land adjoins thereto, if he shall be willing to purchase the same, for the full value thereof, if not, to some other person or persons for the full value thereof; [reserving nevertheless to - a free passage for persons, horses, cattle, and carriages, through the land and soil of the said old highway, to and from the land, &c. belonging to him, called —, according to his ancient usage thereof(b).] No. XLV. Certificate to be written under the order above mentioned.-From Sched. to Stat. 13 Geo. 3. c. 78.-Vide ante, p. 388. We, the above-named justices, do certify, That the old highway, hereinbefore mentioned and described, was sold by the said surveyor to with our approbation, for the sum of, which sum we do order the said to pay to the said surveyor, to be applied in purchasing the land, and making the said new highway; and if any surplus remains, we do order that the same shall be applied for the use of the highways within the said (parish, &c.) of 一. No. XLVI. Receipt for the purchase-money to be indorsed upon, or written under the certificate above mentioned.-From Sched. to Stat. 13 Geo. 3. c. 78. Vide ante, p. 388. day of the Received the from the said sum of, being the full consideration-money for the purchase of the said old highway hereinbefore described, pursuant to the said orders and certificate. (a) This is a sufficient certificate of the state of the new highway. De Ponthieu v. Pennyfea (b) This reservation to be inserted where necessary, and varied according to the circumstances of |