pedlar, and petty chapman, and travelling from town to town, and to other men's houses within that part of the united kingdom called England as aforesaid, carrying to sell such goods, wares, and merchandizes as aforesaid, on the day of in the year of our Lord one thousand eight hundred and aforesaid, in the county aforesaid, exposed for sale and offered to sell, and did then and there actually sell by retail, and not by wholesale, a parcel, to wit, five yards and a half of narrow woollen cloth, he the said E. F. not being the real worker or maker of the said cloth, nor being the child, apprentice, agent, or servant of the worker or maker thereof, nor then being a person trading wholesale in the woollen or linen manufactures of this kingdom, and selling the same by wholesale, nor immediately employed under any such person or persons to sell by wholesale only, nor being then in any public mart, market, or fair; and that the said E. F. was then and there found trading as aforesaid, without any licence so to do, contrary to the form of the statute in that case made and provided. HIGHWAYS. PARISHES are prima facie bound to repair all highways, lying within their limits, unless by prescription they can throw the burthen on particular persons by reason of their tenure. Rex v. Inhabitants of Sheffield, 2 T. R. 106. The magistrates are not bound to appoint surveyors of the highways, from the list of persons returned to them under the 13 Geo. 3. c. 78. if in their opinion the persons named in the list are not qualified; but they may appoint other persons of the parish who are qualified. Rex v. Baldwin and another, T. R. 169. If the magistrates, upon lists returned to them, omit to appoint a surveyor of the highways at their first special sessions, as directed by the act, they are bound to make such appointment, at a subsequent special sessions. Rex v. Justices of Denbighshire, 4 East, 142. No. 1. Warrant for calling the Meeting of Householders, &c. and for fixing that of the Justices for appointing Surveyors, under 13 Geo. 3. c. 78. s. 1. County of To the constables, headboroughs, and tithingmen, within the [hundred, riding, division, liberty, or precinct, as the case shall be] of in the said county. to wit. In order to carry into execution an act made in the 13th year of the reign of his majesty king George the third, for the amendment and preservation of the public highways, you are hereby severally required forthwith to give public notice to the churchwardens, surveyors of the highways, and householders, being assessed to any parochial or public rate within your respective liberties, that they do assemble on the 22d day of September next, at the church or chapel, or if there shall be no church or chapel, then at the usual place of public meetings within their respective liberties, at the hour of 11 in the forenoon; and that the major part of them so assembled do make a list of the names of at least ten persons living therein, who each of them have an estate in lands, tenements, or hereditaments, lying within the same, in their own right, or in right of their wives, of the value of 107. by the year; or a personal estate of the value of 1007; or are occupiers or tenants of houses, lands, tenements, or hereditaments of the yearly value of 301. And if there shall not be ten persons having such qualifications, then that they do insert in such list the names of so many of such persons as are so qualified, together with the names of the most sufficient and able inhabitants not so qualified, as shall make up the number ten, if so many can be found, if not, so many as shall be there resident, to serve the office of surveyor of the highways: And you are also severally required within three days after making the said list, to deliver a copy thereof to one of the justices of the peace of the said [hundred, riding, division, &c. as it may be], living in or near the same (parish, &c.); and also to give personal notices to, or cause notices in writing to be left at the places of abode of the several persons contained in such lists, informing them of their being so named, to the intent that they may severally appear before the said justices at their special sessions to be D 2 holden at day of in the forenoon of the same day, to accept such office, if they shall be appointed thereto, or to shew cause, if they have any, against their being appointed; and you are likewise to give notice to the present surveyors of the highways, within your respective liberties, to appear at the same time and place, and produce such accounts and lists before the said justices as are required by the said act; and you and each of you are personally to appear before the said justices, at their said special sessions, and then and there severally deliver to the said justices the said original list or lists taken within your respective liberties, and give an account of the execution of this our precept. Given under our hands and seals, the day within the said [hundred, &c.] on the now next ensuing, at the hour of of and in the year of our Lord, one thousand eight hundred No. 2. List of Persons to be returned to the Justices, under 13 Geo. 3. c. 78. s. 1. 5. the A list of the several persons named for surveyors of the highways for the [insert the name of the parish, township, or place], at a meeting held at in the said one thousand eight hundred and A. B day of C. D. &c. (ten or more.) [When a particular person is recommended, add] We whose names are subscribed, being two parts in three of the persons assembled at the meeting aforesaid, do agree in the choice of as a fit person to serve the office of surveyor for of [insert the parish, &c.] aforesaid, and in the allowance to him of for his trouble in executing the same for the year ensuing; and we do recommend the said to the justices for their appointment accordingly. the No. 3. Notice to the Persons contained in the List. Mr. take notice, that you were at a meeting held at -[insert the name of the parish, &c.] on the day of named as one of the persons to be returned to the justices as fit to serve the office of surveyor for the said for the year ensuing; and if you have any cause to shew why you should not be appointed to serve such office, you must make the same appear before the justices at their special sessions, to be holden at on the next. day of A. B. Constable, Headborough, &c. [as the case may be.] No. 4. Order to the Constables to return to the Justices the Amount of the last Sixpenny Rate, under 13 Geo. 3. c. 78. s. 1. County of To the constable &c. of to wit. said county. in the You are hereby required to return to us and the other justices to be assembled at the special sessions to be held at for the hundred, &c. of in the said county, on the day of next the amount of the last assessment of sixpence in the pound, for the use of the highways within your liberty if such has been raised; if not, what you appreany hend, from the best information you can get, an equal assessment of sixpence in the pound upon all and every the occupiers of lands, tenements, woods, tithes, and hereditaments within the said liberty, according to their yearly value, will amount to. Given under our hands, &c. No. 5. The Return to the Justices in pursuance of the above Order. 13 Geo. 3. c. 78. s. 1. To the justices assembled in their special sessions at the day of In obedience to your order I do return and certify that the last assessment of sixpence in the pound for the use of the highways within the of in the county of amounted to the sum of 1. If no such assessment has been, then as follows: In obedience to your order I do return and certify that no assessment hath been made of sixpence in the pound for the use of the highways within the of but I apprehend, from the best information which I have been able to get, that an equal assessment of sixpence in the pound upon all the oc cupiers of lands, tenements, woods, tithes, and hereditaments will amount to the sum of within the said No. 6. Appointment of a surveyor. At a special sessions, held at dred of County of to wit. on the hundred 1. in the hunby justices of the peace for the said county, acting within the said hundred, one thousand eight day of We do hereby nominate and appoint of [the name of the parish, &c. where he lives] in the said hundred, surveyor [or surveyors] of the highways within the said year ensuing : And you the said * for the are faithfully and truly to execute the said office of surveyor according to the directions of the statute passed in the thirteenth year of the reign of his majesty king George the third, "for the amendment and preservation of the highways;" an abstract of the material parts of which statute is hereunto annexed. Given under our hands and seals the day and year above-mentioned. No. 7. Appointment of an Assistant to the Surveyor, under 13 Geo. 3. c. 3. s. 78. County of to wit. in the At a special sessions, held at thousand eight hundred We do hereby nominate and appoint bitant of the of one a substantial inhain the said hundred, assistant to whom we have appointed surveyor of the highways for the said And you the said are to the best of your skill and judgment to assist the said surveyor, whenever requested by him, in calling in and attending the performance of the statute duty, in collecting the compositions, fines, pe nalties, and forfeitures, and in making and collecting the assessments, and in making out and serving the notices au *If a surveyor is appointed with a salary, then after the words year ensuing, add, and we do allow the said the salary of for his trouble. |