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uary instant, requested the said E. F. to remove the said incumbrance; yet the said E. F. has wholly neglected to remove the same.

Wherefore the said C. D., surveyor of highways as aforesaid, prays the said justice, upon his own view of said incumbrance, by warrant under his hand and seal, directed to the said complainant, to cause the same incumbrance to be immediately removed so far as the said justice may judge necessary for the public good, and to order so much of the said timber to be sold as the said justice may judge necessary to pay the legal cost and three times the price of removing the same. C. D.

Chester, January 14, 1826.

FORM NO. II.

Form of an order to shew cause why the incumbrance should not be removed.

Rockingham, ss. Upon the complaint aforesaid, it is ordered that the said E. F. shew cause, at the dwelling house of the subscriber, in Chester, on the sixteenth day of January instant, at ten of the clock in the forenoon, why the said incumbrance should not be removed.

A. B. Justice of the Peace.

A copy of the complaint and of the order to shew cause should be given to the owner of the timber or left at his usual place of abode a reasonable time before the hour fixed by the justice, and an affidavit of the service of the order be made and filed with the justice.

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Form of the warrant to remove the incumbrance.

STATE OF NEW-HAMPSHIRE.

Rockingham, ss. To C. D. surveyor of highways for the first district in the town of Chester, in said county.

L. S.

GREETING.

WHEREAS, complaint has been made to me A. B. Esquire, one of the justices of the peace in and for said county, dwelling in the said town of Chester, that (here insert the complaint) and the said E. F. having been duly notified to appear before me, and shew cause, if any he had, why the said timber should not be removed, and the said E. F. not appearing, (or not shewing sufficient cause against the same,) and it appearing to me the said justice, upon my own view of the same, that it is necessary for the public good, that the timber mentioned in the said complaint be removed, I do hereby order and require you forthwith to remove the said timber from the highway aforesaid, so that no part of the same may in any way impede or hinder those who may have occasion to travel upon the said highway.

And you are also ordered to sell so much of the said timber as may be necessary to pay the legal costs upon the said complaint taxed by the said justice at two dollars, and also the sum of three dollars, being three times the price of the labor of removing the same, as estimated by the said justice.

And you are to keep such part of the said timber as you may have occasion to sell for the purpose aforesaid four days, unless the said sum shall be sooner paid, and if the said E. F. do not pay the same sums within the space of four days, you are to proceed within forty-eight hours after the expiration of said

four days to sell at public auction, within the said town, so much of the said timber as may be necessary to pay said sums, having first posted up in two public places in the town twenty-four hours before the time of sale a notice of the place, day and hour, of sale, which must be sometime between ten of the clock in the forenoon and six in the afternoon, and a particular description of the said timber. And you

are, immediately after the sale, to deliver, or have ready to deliver, to the said E. F. a particular account of the said sumns, and the amount of the sale of each article.

Herein fail not. Given under my hand and seal this sixteenth day of January, in the year of our Lord eighteen hundred and twenty-six.

A. B. Justice of the Peace.

The form of the advertisement of the goods for sale, and of the account of the sales, is the same as those used in case of a sale of goods for taxes assessed upon inhabitants of towns. (See pages 254 and 255, Forms No. 1, £, 3.)

The reader is requested to correct the following errors in these pages.

Page 80, line 12 from the bottom, strike out "superior court of judicature,” and insert "court of common pleas" and in the same page, line 8 from the bottom, strike out the word "superior."

Page 81, line 6 from the bottom, strike out "superior court," and insert "common pleas." Page 82, line 13 from the bottom, strike out "superior court of judicature," and insert court of common pleas,"

Page 159, line 8 from the bottom, strike out "fourteen," and insert "fifteen,;" and on the same page, line 12 from the bottom, strike out "fourteen," and insert "ten." Page 160, in the last line but one of form No. 3, after the words "time and place," insert " and purpose."

Page 255, line 6 from the top, for " Thursday," insert “ this day "

Page 234, for "Chap. xxxiv." insert "Chap. xxxiii."

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