13. Certificate by Justices of View, &c. where the Proposal to stop 5 & 6 Will. 4, up emanates from another Party than the Vestry (a). c. 50, ss. 84, 85. County of day of Whereas, on the last, A. B. of &c., being &c., and being desirous that a certain public highto wit. way situate in the parish of in the said county, called, and leading, &c. [describe it particularly as in the notice], should be entirely stopped up by reason of the same being unnecessary [and in lieu thereof to make a certain new highway through the lands and grounds of C. D. situate in the said parish of -], did by a notice in writing under his hand require the surveyors of the highways of and for the said parish of in pursuance of section eighty-four of the act of the fifth and sixth years of the reign of King William the Fourth, chapter fifty, to give notice to the churchwardens of the said parish of to assemble the inhabitants of the said parish in vestry, and to submit to them the said wish and proposal of the said A. Ď. hereinbefore particularly recited and set forth and whereas the said surveyors of the highways of and for the said parish of on the in the said day of last, gave notice to the churchwardens of the said parish to assemble the inhabitants of the said parish in vestry, and to submit to them the said wish and proposal of the said A. B.: and whereas, on the day of last, the churchwardens of the said parish of - did, in pursuance of and obedience to the said notice of the said A. B. by a notice under their hands, dated the said day of and duly affixed to the two principal doors of the church of the said parish [and also to the door of the chapel at parish], convene a meeting of the inhabitants of the said parish in vestry to be holden on the day of theu next, for the purpose of considering the proposal contained in the aforesaid notice in writing to the said surveyors of the highways of the said parish of and determining whether the said public highway should be entirely stopped up as being unnecessary [or diverted, or turned, and the said new highway made in lieu thereof]: and whereas, on the said day of last, the inhabitants of the said parish of - being then and there duly assembled in vestry in the said parish, in pursuance of the said last-mentioned notice of the churchwardens of the said parish, and having then and there the said wish and proposal of the said A. B. submitted to them, agreed to the said wish and proposal, and resolved that it was expedient that the said public highway should be entirely stopped up [or as the case may be]: and whereas, in pursuance of an application of the said surveyors of the highways of and for the said parish of in that behalf made unto us, J. S. and J. L., Esquires, whose names are hereunto set, being two of her Majesty's justices of the peace of and for the said county of, and acting in and for the said county, and in and for the petty sessional division of, within which the said parish of is situated, we the said justices, on the day of, in the year of our Lord together and in the presence of each other at the same time, viewed the said public highway herein before described, and so resolved to be entirely stopped up [and diverted as aforesaid, [and the line of the said new highway so proposed to be made in lieu thereof as aforesaid], and which is [or are] wholly situated in the said parish of - and whereas, upon such view so made on the application of the said surveyors as aforesaid, it appeared to us the said justices that the said public highway hereinbe (a) This form has been expressly drawn to meet the decision in Reg. v. Justices of Worcestershire, 23 Law J., M. C., 113. O. F. G G c. 50. 5 & 6 Will. 4, fore described, and so resolved to be stopped up as aforesaid, is unnecessary [or may be entirely diverted and turned, so as to make the same more commodious to the public by stopping up the said part thereof so proposed to be stopped up as aforesaid, and by making in lieu thereof the said proposed new highway hereinbefore particularly described]: [Where new highway to be made, here insert: and whereas the said C. D. has by writing under his hand, bearing date the day of last, consented to the said new highway being made through his lands and grounds as above set forth]: and whereas we the said justices, on the said day of -, did direct the said surveyors of the highways of and for the said parish of to affix and in pursuance of such directions in that behalf the said surveyors for four successive weeks next after we the said justices so viewed the said public highway hereinbefore described, namely, on the ——, and at the days of - last, respectively affixed a notice to the effect of Schedule No. 19 annexed to the said statute in that case made and provided in legible characters at the place and by the side of each end of the said public highway hereinbefore described, and so resolved to be stopped up [or from whence the same is proposed to be turned, diverted, or stopped up] as aforesaid, [and also at each end of the said new highway so proposed to be made in lieu thereof as aforesaid], and thereby gave notice that on the day of next application would be made to her Majesty's justices of the peace assembled at quarter sessions in and for the county of in the said county, for an order for [entirely] stopping up the said public highway so resolved to be [entirely] stopped up [and diverted] as aforesaid, [and for making in lieu thereof the said new highway hereinbefore particularly mentioned and described], and that the certificate of two justices having viewed the same, &c., with the plan of the old [and proposed new highway, would be lodged with the clerk of the peace for the said county, at his office at in the said county, on the day of now instant: and whereas the said surveyors, in pursuance of the like directions to them by us given in that behalf, for four successive weeks next after we the said justices so viewed the said public highway hereinbefore described, namely, on the, days of ; and days of last respectively, inserted the same notice as last aforesaid, and the same notice for the said four successive weeks appeared in a certain newspaper called the published on the said four last-mentioned days, the said then and still being a newspaper published and generally circulated in the said county of and also on four successive Sundays next after the making such view by us the said justices as aforesaid, namely, on Sunday, the and last, the said surveyors affixed a like notice as last aforesaid on the door of the parish church of the said parish of and whereas proof hath now this day been here given unto and before and to the satisfaction of us the said justices, as well by the evidence of witnesses upon oath as otherwise, that the said several notices and resolution of vestry herein before mentioned have been respectively given, made, agreed to, affixed and published in the manner and at the times and places hereinbefore particularly mentioned and recited, and in manner and form as by the said statute in such case made and provided is required, and a plan has now at the same time been here delivered to us the said justices particularly describing the said [old and the said proposed new highway by metes, bounds and admeasurement thereof, and which said plan has now this day been here verified to and before us the said justices by the evidence upon oath of E. F., a competent surveyor: Now we whose names are hereunto set, c. 50. so being such justices as aforesaid, in pursuance of the aforesaid statute 5 & 6 Will. 4, in such case made and provided, do hereby certify, that on the day of A.D. 185-, we together and in the presence of each other at the same time viewed the said highway [and the said part thereof] so resolved to be [entirely] stopped up as aforesaid, [and also the said new highway so resolved to be made in lieu thereof as aforesaid], and that upon such view we found that the said highway is unnecessary [or that the said proposed new highway is and will be more commodious to the public, or that the said public highway may be diverted and turned as before mentioned, so as to make the same nearer and more commodious to the public]: and we the said justices hereby further certify, that the said proposed new highway will be nearer for the public and all the liege subjects of our lady the Queen using and travelling along the said highway, with and without horses, carts and carriages, from and to the said parish of - aforesaid, to and from and aforesaid by yards or thereabouts: and we the said justices hereby further certify, that the reasons why the said public highway so proposed and resolved to be [entirely] stopped up as unnecessary [or why the said proposed new highway is and will be more commodious to the public] are as follows (that is to say), — because [here state the reasons, as: "for several years last past there have been and still are more convenient and better public highways situated in the said parish of —, and delineated on the said plan, which lead directly from and to the several points and places as the said highway so proposed and resolved to be entirely stopped up as aforesaid, and which public highways are at present and for several years last past have been used by the public and all the liege subjects of our lady the Queen and because, &c." In the case of a road diverted, and a new road made in lieu, say: because the said old highway is in some parts thereof narrow and unfit for travelling with horses, carts and carriages, and at times travelling of whatever description thereon is rendered impracticable by reason of the flux of the tides [or as the case may be], whilst the said proposed new highway will at all times be open and ready for the reception of travellers, and travelling thereon will not be obviated by tides or otherwise; and because that one of the said diversions will join a certain proposed new highway at aforesaid, which is intended to extend to the highway leading from aforesaid to the said parish of, in the said county, whereby the access thereto will be greatly facilitated]. Given under our hands at the in the said county of and within the petty sessional division of the said county within which the aforesaid parish of is situated, this : A.D. 185 —, in day of J. S. J. L. 14. The like Certificate, where the Proceeding to stop up, &c., County of to wit. originates with the Vestry. Whereas, on the bitants of the parish of day of last, the inhain the said county of being then and there duly assembled in vestry in the said parish, in pursuance of a notice signed by the rector [or vicar, or churchwardens and overseers of the poor] of the said parish, and duly affixed to the two principal doors of the parish church of the said parish, and also on the door of the chapel at in the said parish, before the commencement of divine service, on Sunday, the day of - last, for the purpose of determining whether [it was expedient under the c. 50. 5 & 6 Will. 4, provisions of a certain act, &c., that a certain highway in the said parish of, called, described in the said notice, that is to say], a certain highway commencing and leading, &c. [describing it] shall be [entirely stopped up [or diverted, or turned] as being unnecessary, did resolve that it was expedient that the said public highway should be [entirely stopped up as being unnecessary [or diverted, or turned], by reason of &c., under the provisions of the act of the fifth and sixth years of the reign of King William the Fourth, chapter fifty; and the chairman of the said vestry meeting, by an order in writing under his hand, on the day and year last aforesaid, directed the surveyor of the highways of and for the said parish of to apply to two of her Majesty's justices of the peace of, in and for the said county of --, to view the said [part of the said] highway so resolved to be stopped up [and diverted] as aforesaid [and the line of the new highway so resolved to be made in lieu thereof as aforesaid], in pursuance of the statute in such case made and provided: And whereas in pursuance of an application, &c. [proceed from the asterisks** in the last form, p. 449, to the end.] Id. s. 91. 15. Certificate of two Justices that a new Road is completed and in good Repair. (Shelford, p. 240.) } We, two of her Majesty's justices of the peace for the to wit. county of , acting in and for the said county, do hereby certify that we have this day viewed and surveyed a certain part of a new highway leading [here describe the road] [indicted] at the last general quarter sessions of the peace for the said county, [ordered to be set out and appropriated as a public highway], and that the said part of the said highway so [indicted] set out and appropriated as aforesaid, is now in [completed and put into] good condition and repair, and likely so to continue. Given under our hands and seals, this day of J. S. (L.S.) ld. s. 27. County of to wit. Id. s. 38. 1856. 16. Allowance of Highway Rate. We, two of her for the county of S going assessment. Majesty's justices of the peace in and do consent and allow of the foreWitness our hands this day of J. S. J. L. County of 17. Recovery of Rates. Vide tit. "Rates," post. in the 18. Complaint of Surveyor against Collector of Rates for not paying (a) For not rendering an account, vide Form No. 5, tit. "Highways," ante, p. 132; for surveyor not accounting, Form No. 2, ante, p. 131. c. 50. rates of the said parish of [for the year then next ensuing] by and 5 & 6 Will. 4, under the statute in that behalf, and is now such collector; that on the day of last the said A. B., as such collector, delivered to the said C. D. an account of certain monies which he had received by virtue of his said appointment, and there then remained due upon such account from the said A. B. to the said C. D., as such surveyor as aforesaid, the sum of- -; that the said C. D. on the day of last, by a notice in writing under his hand given to [or left at the usual place of abode of] the said A. B., required the said A. B. forthwith to pay to him the said C. D. the said sum of so remaining due from the said A. B. as such collector as aforesaid; and that although more than three days hath elapsed since the service of the said notice as aforesaid, yet the said A. B. hath neglected [or refused] to make payment thereof as aforesaid, and the same is still due. 19. Summons to Collector.]-This may be in the General Form Id. s. 35. No. 8, ante, p. 26, "to show cause why the said sum should not be recovered from you, according to the statute in that behalf made." 20. Order for Payment.]-This will be in the General Form No. 44, ante, p. 42, adding after the period of imprisonment :—“ or until he shall sooner have paid the said sum of or compounded with the said C. D., the said surveyor, for such sum.' 21. Distress Warrant.]-The General Form No. 66, ante, p. 56. 22. Commitment in default of Distress.]—The General Form No. 71, ante, 58 (a), adding after the period of imprisonment :-" or until he shall sooner have paid the said sum of as aforesaid, or compounded with the said C. D., the said surveyor, for the same; and for your so doing, &c." 23. Certificate of Justices of Highway, made by Individuals, &c., Id. s. 23. having been made in a substantial Manner, &c. (No. 7 in Sched. to act.)]-We, two of the justices of the peace in and for the county of having viewed a certain highway lately made by A. B. in the parish of in the said county, situate, &c. [describing its situation and extent], do hereby certify that the same has been made in a substantial manner, and of the width required by a certain act made and passed in the fifth and sixth years of the reign of King William the Fourth, intituled, "An Act," &c. [here set out title of act as in Form No. 1, ante, p. 436.] Dated this day of INCLOSURES. C. D. E. F. 1. Declaration to be made by a Valuer before acting. (Given in 8 & 9 8 & 9 Vict. Vict. c. 118, s. 38.)]—I, do solemnly declare that I will faith- c. 118, s. 38. fully, impartially and honestly, according to the best of my skill and judgment, perform all the duties of a valuer in the inclosure of (a) The case of Eggington v. Mayor, &c. of Lichfield (24 L. J. (N. S.) Q. B. 360; 19 J. P. 819), shows that this is the correct form to be used. |