ment thereof on demand, the same shall be levied as the other pe nalties are . 13 Geo. 3. c. 78. s. 12. And every surveyor shall give information upon oath to the jus. And give infortices, or two of them, of all highways, and of all bridges, cause. mation who are ways or pavements upon such highways, as are out of repair, and bad to repais. ought to be repaired by any persons by reason of any grant, or otherwise, and the justices shall limita time for repairing the same, of which notice shall be given by the surveyor to the occupiers of the lands liable to such repairs, or to such persons as are chargeable with the same; and if such repairs shall not be made within the time limited, the justices shall present such highways, &c. so out of repair, together with the persons liable to repair the same, at the next general quarter sessions, and such sessions may, if they see cause, direct the prosecution to be carried on at the general expence of the limit, and to be paid out of the gc. neral rates within the same. s. 23. "And for the more effe ally repairing of such parts of the Two justices to "highways of this kings are to be repaired by two parishes, determine what IT IS ENACTED by 34 Geo. 3. c. 64, that it shall be lawful for two justices upon complaint" (XI) by any surveyor (stating in But by the 13th sect. persons are to be compelled to cut, prune, or fall trees, only within certain seasons. See such section in Div. IV. of this title, s. 1. parcs of a high par way lying in two parishes shall be repaired by each. cleansed, and scoured, pursuant to the directions of the act, passed in the thirteenth year of the reign of his majesty king George the Third," For the amendment and preservation of the highways," and hath expended therein the sum of as appears by an account now produced to me, which I think a reasonable charge, and do therefore allow the same, and hereby order the said C D, to pay the said sum of to the said within six days from the time of his being served with this order. Given under my hand and scal, this County of } day of 17 (XI) Complaint *. AT a petty sessions holden before J P and K. P. two of his majesty's justices of the peace for the said county, this day of J. S. one of the surveyors of the highways of the parish of A. came before the justices aforesaid, and gave them to be informed, That there is in the said county a certain common highway leading from M to N. and that there is a certain part of the said highway, that is to say, so much thereof as lies between a certain place called C. These forms are copied from those in the act. writing, and by a plan thereunto annexed, that there is in the pa rish, and also in some other parish adjoining thereto, specifying the same, a common highway, particularly describing the same by metes, bounds, and admeasurement thereof, one side of which ought to be made or repaired by one of such parishes, and the other side thereof by the other of such parishes), to issue their sam. mons (XII) with a copy of such writing and plan, to the surveyor and a certain other place called D. being in length [as the case may be], one side of which last mentioned part of the said high. way adjoining to the parish of A. lies within the said parish of A. and is to be, and of right ought to be, repaired by the said parish of A. and that the other side of the same part of the said highway adjoining to the parish of B, lies within the pa. rish of B, and is to be, and of right ought to be, repaired by the said parish of B; and stating that the repair of such part of the said highway is very inconvenient to the parish aforesaid, and the want thereof detrimental to the public: And therefore praying, that such part of the said highway may be allotted and apportioned for the repair thereof; by the justices aforesaid, to the said several parishes of A and B, in the manner directed by unact, passed in the thirty-fourth year of the reign of king George the third, intituled, An Act, &c. (Signed) J. S. One of the surveyors of the highways for the parish of 4. (XII) SUMMONS. Summons to be subjoined to a copy of the above information, County of To the surveyors of the highways of the parish of B, in the said county, any or either of them. Whereas a certain information has been given to us JP and KP, two of his majesty's justices of the peace for the said county, by JS, one of the surveyors of the parish of A in the said county, a true copy whereof is above written; these are, in his majesty's name, to summon you, any or either of you, to appear before us at in the said county, on the day of —, at cause (if any) why an allotment and apportionment of the highway therein mentioned should not be made, according to the provisions of the act referred to in the said information. Hereof fail not. Given under our hands this to shep day of J. P. K. P. of such other parish, to appear before them on a day, not more than fourteen, nor less than seven from the date of such summons; and if the parties appear, they may then proceed finally to decide the matter as after mentioned, in case all the parties shall consent thereto; but in case the surveyor summoned shall not appear on such first summons, or appearing shall require further time, the justices shall adjourn the further consideration of the matter for not more than twenty-one, nor less than fourteen days, of which the surveyor not appearing shall have notice; on which day the said justices shall proceed to hear the parties. and their witnesses, and, whether the party summoned does or does not appear, shall proceed to examine and finally determine the matter in form following; (that is to say),such justices are to divide the whole of such common highway oy a transverse line crossing such highway,into two equal parts, or into two such unequal parts and proportions, as in consideration of the soil, waters, floods, the inequality of such highway, or any other circum stances attending the same, they in their discretion shall think just and right, and to adjudge and order, that the whole of such highway on both sides thereof, in one of such parts, shall be maintained and repaired by one of such parishes, and that the whole of such highway on both sides thereof, in the other of such parts, shall be maintained and repaired by the other of such parishes; and shall cause such their order, and a plan of such highway, and the allotment thereof, to be fairly delineated on paper or parchment, and filed with the clerk of the peace (XIII); and shall also cause such posts, stones, or other boundaries, to be placed and set up in such highway as in their judg ment shall be necessary for ascertaining the division and allotment. 8.1. (XIII) And this final ORDER and ADJUDICATION to be filed with the clerk of the peace may be as follows. 34 Geo. 3. c. 64. s. 8. Whereas, &c. 1. State the original application. 2. The summons. 3. The appearance; and that the parties were heard, or, their non-appearance. Now we, the justices aforesaid, having fully heard and understood the premises, do declare, adjudge, and order, that the said highway shall be divided in the following manner; (that is to say), that at the distance of· measuring from the place called C, there shall be erected certain posts or stones, E and F, on each side of the said highway; and the whole of Each parish afterwards bound to repair the allotted parts. Costs of the proceeding. Not to alter the boundaries of counties. And after such order and plan shall be so filed with the clerk of the peace, such parishes shall be bound as of common right to repair such parts so allotted to them, and shall be liable to be prosecuted and indicted for neglect, and shall in all respects whatsoever be liable to all the provisions contained in any act for the repair of the highways in like manner as they are with respect to the repair of any other highway within such parishes, and also shall be discharged from the repair of such parts a shall not be included in their allotments. s. 2. And all costs, charges, and expences, incurred by reason of the said proceedings, shall be defrayed by such two parishes, be ing ascertained by such two justices, and the same may be levi ed by distress and sale, with the costs of such distress, on the goods and chattels of any surveyor of the parish refusing or neglecting to pay. s. 3. But nothing in this act shall affect, in any manner, any boundaries of counties, lordships, hundreds, manors, or any other division of public or private property, nor the boundaries of any parishes, otherwise than for the purpose of keeping the highways in repair. s. 4. the said highway, from the place called C, to such posts e stones, shall be from time to time, and at all times hereafter, repaired by the parish of A; and the whole of the said high way, from such posts or stones to the place called D, she from time to time, and at all times hereafter, be repaired by the parish of B. In witness whereof, we have hereunto set our hands and seals, this day of (L. S.) J. P. K. P. (L. S.) tenure. Nor shall any thing herein relate to any highways, the repair Nor highways of any part of which belongs to any bodies politic or corporate, repairable by corporations or township, or other such place, or to any private person by the reason of tenure, but the same shall relate to such highways the repair of which belongs to parishes only: unless they shall be desirous that the same should be placed under the regulations of this act, in which case such two justices may make an order for the division and allotment of such highway; to be filed with the clerk of the peace, and have the like effect as the like order where parishes only are concerned. s. 5. It shall be lawful for either of the two parishes, by an order Appeal. in vestry, specially called for the purpose, to appeal to the quarter sessions, to be holden next after the time when such order and plan shall be filed with the clerk of the peace, and not otherwise; and upon the hearing of such appeal, the sessions shall make such order as shall appear just, either by affirming, quashing, or amending the order of two justices, and shall allow costs to either party as they shall think right; which order of sessions shall not be removed by certiorari or otherwise, but shall be final. s. 7. shall be first re paired. And the justices at any special sessions may, by writing under Justices may dis their hands and seals, order (XIV) those highways (not turn. rect what ronds pike roads), which, in their opinion, do most want repair within their jurisdiction, to be first amended; according to which order, if such there be, all surveyors are to proceed withiu their liberties. 13 Geo. 3. c. 78. s. 25. It shall be lawful for every surveyor to take, or cause to be How materials are to be protaken, so much of the rubbish or refuse stones, of any quarry, cured. lying within the parish, where he shall be surveyor (except such as shall have been got by the surveyor of any turnpike road) (XIV) Order of the justices at their special sessions, for the Middlesex. (hundred) of of the in the in the said county day of 17 by justices of the peace for the said To the surveyors of the highways for the (parish, &c.) of It appearing to us, that the highway, lying between and within your liberty, is very founderous, and in bad repair, and being of great public use, we do hereby order that you repair, or cause the same to be repaired, before the day of next. Given under our hands and seals, this day of |