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Highway Act 1835

Status:

This is the original version (as it was originally enacted).

Schedule(stating the Forms) to which this Act refers

No. lNotice to Person of his having been elected SurveyorAppointment of Surveyor with Salary

At a Meeting of the Inhabitants of ______________________________ in Vestry assembled at _______________ on the _______________ Day of A. B. was nominated, elected, and

appointed as Surveyor of such Parish, for the Purpose of carrying into execution the Provisions of an Act passed in the Fifth and Sixth Year of the Reign of King William the Fourth, intituled " An Act," &c. [here set out Title of Act], for the Year ensuing; and the Salary to be allowed to the said A. B. was fixed at the Sum of _______________ payable on _______________. Dated the _______________ Day of _______________. ______________________________CD. Chairman. No. 3

Appointment of Surveyor by Justices

At a Special Sessions for the Highways held at _______________ in the Division, &c. of _______________ by Justices of the Peace for the said County acting within the said Division, &c. on the _______________ Day of _______________ . Whereas it hath appeared to us the said Justices, on the Oath of A.B. an Inhabitant of the Parish of _______________ that the Inhabitants of the said Parish in Vestry assembled have neglected [or refused] to nominate and elect a Surveyor in manner and for the Purposes mentioned in a certain Act made and passed in the Fifth and Sixth Year of the Reign of King William the Fourth, intituled " An Act," &c. [here set out Title of Act,] [or that the Surveyor appointed by the Inhabitants of the said Parish is dead, or has ceased to possess the Qualification required by the said Act, or has become disqualified, or has neglected to act, or has refused to carry into operation the Duties imposed upon him by the said Act], we do therefore hereby appoint you CD. of _______________ Surveyor for such Parish for the Year ensuing [or for the Space of _______________ ], with the Salary of _______________ for your Trouble; and you the said CD. are faithfully and truly to execute the Office of Surveyor according to the Directions of the said Statute. Given under our Hands the Day and Year first above mentioned. _____________________________________________ E.F. To CD. _____________________________________________ _____________________________________________ G.H. No. 4

Form of Highway Rate

Names of Occupiers or Persons rated.Description of the Premises and Property rated.Annual Value.Sums assessed at 10d.. in the Pound.
£s.d.£.s.d.
A. B. -House and Garden -500042
C. D. .A Farmhouse, Lands, and Buildings.10000434
E. F. -A Warehouse20000168
and so forth.

AA.B./ C.D.) Surveyor [or Surveyors] of the Parish of ___________. No. 5 Weekly Account of Money expended on the Highways of the Parish of __________ from the __________ to the __________ Day of __________ One thousand eight hundred and __________.

Day Labour, and when performed.Labourers Names.No. of Days.Rate per Day.Team Work, and where done.Rate.Total Weekly Expenditure.
£s.d.£s.d.£s.d.

Day Labour

Contract Work

Materials

Team Work

Work executed by Contract.Persons NamesNo. of Days,Rate per Day.Tradesmens Bills.No.Tradesmen's Bills
£s.d.s.d.
Rent of Pits and Quarries.Name.Rent of Pits and Quarries
£s.d.

Materials got and prepared,

and from whence.

Parties Names.Quantity.Rate per
£s.d.
Incidental Expences.Incidental Expences
£.s.d.
£

No. 6

Notice of Intention to make Highway

I do hereby give you Notice, That after the Expiration of Three Calendar Months from the Date hereof I [or if given by the Clerk, &c. of a Body Politic or Corporate describe them,] do intend to make a certain Highway in the Parish of _______________ [describing its Situation and Extent,] and to dedicate such Highway to the Use of the Public. Dated this _______________ Day of _______________. _____________________________________________ A.B. To E.F., &c. ) or Surveyor of the Parish CD. [Clerk, &c.] ______________________________ of ______________________________. No. 7

Certificate of Justices, of Highway having been made in a substantial Manner, &c

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 Year of the Reign of King William the Fourth, intituled " An Act," &c. [here set out Title of Act] Dated this _______________ Day of _______________ . ______________________________C.D. ______________________________ E.F. No. 8

Notice to remove Snow, &c

I A.B., Justice of the Peace in and for the County of _______________ do hereby give you, the Surveyor [or Surveyors] of the Parish of _______________ Notice, that the Highway leading from _______________ to _______________ [describing its Situation] is obstructed or impeded from the Accumulation of Snow [or from the falling down of the Banks on the Side of the said Highway, &c, as the Case may be,] and require you to cause the same to be removed. Dated this _______________ Day of _______________ . To C.D. and E.F. &c. Surveyors of the Parish of _______________________________ A.B. of, &c. No. 9

Schedule to be filled up by the Surveyors of Highways of all Parishes, and presented by them, with their Accounts, to the Magistrates, at the End of every Year

State of the Roads and Highways
—Bridges
—Causeways
—Hedges and Ditches
—Watercourses
State all Nuisances
— all Encroachments
—the Extent of Roads and Highways the Parish is liable to repair
—what Portion thereof has been repaired, and where
—what Materials were used for such Repairs
—the Expence of such Repairs
—the Amount levied during the Year

No. 10

Licence from Justices at Special Sessions for the Highways for a Surveyor to dig, &c. Materials upon inclosed Lands, for the Repair of Highways

(to wit.) To the Surveyor of the Parish of _______________ in the Hundred of (to wit.) in the said County. Whereas by an Act passed in the Fifth and Sixth Year of the Reign of King William the Fourth, intituled "An Act," &c. [here set out Title of Act,] the Surveyor is authorized to dig, get, take, and carry away Materials lying upon any Lands or Grounds within the Parish for which he is appointed, for the Use and Benefit of the Highways, but not without the Consent of the Occupier or Owner of such Lands or Grounds, or his Agent, or a Licence from the Justices at a Special Sessions for the Highways: And whereas it appears to us ______________________________ His Majesty's Justices of the Peace for the said County, and acting within the said [Hundred, &c], at a Special Sessions for the Highways assembled, upon the Oath of CD. the said Surveyor [or One of the Surveyors], that he hath applied to A.B. of ______________________________for his Consent to dig, get, take, and carry away Materials from the Lands called or known by the Names of _______________ and _______________ in his Occupation [or of which he is the Owner, or in the Occupation of J.K., or of -which J. K. is the Owner, and the said A.B. his Agent], within the said [Parish, &c], for the Purposes aforesaid, and that the said Materials are necessary for the Repairs of the Highways, and that the said A.B. hath refused to permit the same to be dug, got, taken, and carried away ; and the said A.B. having been duly summoned to appear before us, to show Cause why such Permission should not be granted, and having appeared before us accordingly, [or having sent his Steward or Agent, or CD., on his Behalf, to attend us on that Occasion, or, but not having appeared,] we have heard what has been alleged, and taken the said Matter into consideration, and are of opinion that the said Materials are necessary, and ought to be dug, got, taken, and carried away for the Purposes aforesaid: Therefore we do hereby give our Licence to the said Surveyor [or Surveyors] to dig, get, take, and carry away the same accordingly, the said Surveyor making Satisfaction for the same, and also for the Damage done to such Lands, in the Manner directed by the said Act. Given under our Hands the _______________ Day of _______________ One thousand eight hundred and _______________ . ______________________________ J. P. ______________________________ K. P. No. 11

Licence from Justices at a Special Sessions for the Highways to get Materials for the Repair of the Highways in another Parish besides that wherein such Materials are to be employed

(to wit.) At a Special Session for the Highways held at _______________ in the Hundred, &c. of _______________ in the said County, by Justices of the Peace for the said County acting within the said Hundred, on the _______________ Day of _______________ . It appearing to us, upon Evidence this Day received, that sufficient Materials cannot conveniently be had within the Waste Land, Common Grounds, Rivers, or Brooks, nor in the inclosed Lands or Grounds, lying within the [Parish, &c] of _______________ in the said Hundred, for the Repairs of the Highways within the said [Parish], nor in the Waste Lands, Common Grounds, Rivers, or Brooks within the [Parish] of _______________ adjoining to the said [Parish] of _______________ we do hereby give our Licence to the Surveyor [or Surveyors] of the said [Parish] of to search for, dig, get, and carry Materials within the inclosed Lands or Grounds of CD. within the said [Parish] of _______________ to be employed in the Repair of the Highways within the said [Parish] of _______________ it appearing from Evidence before us, that there are proper Materials within the said Lands for the Purposes aforesaid lying convenient to the said Highways, and that after such Materials shall be so taken there, will be sufficient left for the Use of the Highways within the said Parish of _______________ upon the said Surveyor [or Surveyors] making Satisfaction for the same, and also for the Damage done to such Lands, in the Manner directed by the Act made and passed in the Fifth and Sixth Year of the Reign of King William the Fourth, intituled " An Act," &c. [here set out Title of Act,] subject to such Restrictions as are therein contained. Given under our Hands the Day and Year above written. ______________________________ J. P. ______________________________ K.. P. No. 12

Information to enable Justices to fix Boundaries of Highway lying in Two Parishes

County of At a Special Sessions for the Highways holden, &c.

I.S., the Surveyor [or One of the Surveyors] of the Parish of A., came before the Justices aforesaid, and informed them,' 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 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 Highway 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. [or by, &c, describing the Body Politic or Corporate, or Person, liable to the Repair,] and that the other Side of the same Part of the said Highway adjoining to the Parish of B. lies within the Parish of B., and is to be and of right ought to be repaired by the said Parish of B. [or by, &c], and stating that the Repair of such Part of the said Highway is very inconvenient to the Parishes 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. [or to, &c], in the Manner directed by an Act passed in the Fifth and Sixth Year of the Reign of King William the Fourth, intituled " An Act," &c. [set out Title of Act.] ______________________________ (Signed) I. S. One of the Surveyors of Parish of A. The above Application was made to us ______________________________ the Day and Year first above written. ______________________________J. P. ______________________________K..P. No. 13

Summons to be subjoined to a Copy of the above Information

County of To the Surveyor [or Surveyors] of the Parish of B. in the said County, any or either of them. Whereas a certain Information has been given to us, His Majesty's Justices of the Peace for the said County at a Special Sessions for the Highways, by I.S., the Surveyor [or 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 _______________ to show Cause (if any) why an Allotment and Apportionment of the Highways 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 _______________ Day of _______________ . ______________________________ J. P. ______________________________ K..P. No. 14

Final Order and Adjudication, to be fled with the Clerk of the Peace

Whereas, &c.. 1.—State the original Application. 2.—The Summons. 3.—The Appearance, and that the Parties were heard, or their Nonappearance 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 the said Highway from the Place called C. to such Posts or Stones shall be from Time to Time and at all Times hereafter repaired by the Parish of A. [or by, &c], and the whole of the said Highway-from such Posts or Stones, to the Place called D. shall from Time to Time and at all Times hereafter be repaired by the Parish of B. [or by, &c] In witness whereof we have hereunto set our Hands this _______________ Day of _______________ . _____________________________________________ J. P. (L.S.) _____________________________________________ K.. P. (L.S.) No. 15

Notice from Surveyor to remove Nuisances

To C. D. of ______________________________ . In pursuance of the Directions given by an Act passed in the Fifth and Sixth Year of the Reign of King William the Fourth, intituled "An Act," &c., I, A.B. &c, the Surveyor [or One of the Surveyors] of the Parish of _______________ do hereby, give you Notice forthwith to remove the [Filth, Dung, Ashes, Rubbish, &c.] placed by you on a certain Part of the King's Highway, lying between _______________ and _______________ in the [Parish] of _______________ to the Obstruction and Annoyance of the said Highway. Dated this _______________ Day of _______________ . _____________________________________________ A. B. &c. No. 16

Order of Two Justices for widening a Highway

(to wit.) We, _______________ Two of His Majesty's Justices of the Peace for the said County, acting within the [Hundred, eye] 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, but may be conveniently enlarged and widened by adding thereto from 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 widen and enlarge the same, and be much more commodious to the Public, do hereby order, that the said Highway be widened and enlarged accordingly, and that the Surveyor [or Surveyors] of 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 Fifth and Sixth Year of the Reign of King William the Fourth, intituled

An Act,&c. ; and in case such Agreement shall be made as aforesaid, we do order an equal Assessment, not exceeding the Rate of _______________ in the Pound, to be made, levied, and collected upon all and every the Parties liable to the Payment of the Highway Rate 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 Directions of the said Act. _____________________________________________ A.B. _____________________________________________ C. D. No. 17

Certificate from the said Justices to the Court of Quarter Sessions

To the Justices of the Peace at their General Quarter Sessions to be held at _______________ in the said County, the _______________ Day of _______________ One thousand eight hundred and _______________ . We, the within-named A. B. and CD, 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 [or Surveyors] has [or have] treated with the said _______________ and _______________ 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 he [or they and each of them] refused to receive. _____________________________________________ A. B. _____________________________________________ C.D. No. 18

Consent from the Owner of the Land through which a new Highway is proposed to be made

I A.B. of _______________ in the County of _______________ being the Owner of the Lands described in the Plan hereunto annexed, through which Part of a certain Highway lying between _______________ and _______________ is intended to be diverted and turned, in consideration of the Sum of _______________ to be paid to me for the said Land and Soil thereof, do hereby consent to the making and continuing such new Highway through my said Lands. Given under my Hand this _______________ Day of _______________ One thousand eight hundred and _______________ . No. 19

Form of Notice of diverting, &c. Highway

Notice is hereby given, That on the _______________ Day of _______________ next Application will be made to His Majesty's Justices of the Peace assembled at Quarter Sessions in and for the County of _______________ at _______________ for an Order for [if the Order be for turning, diverting, and stopping up, &c. here to state it, and describe the Road ordered to be turned, diverted, and stopped up ; if the Order be for stopping up a useless Road, here to state it, and describe the Road ordered to be stopped up]; and that the Certificate of Two Justices having viewed the same, &c., with the Plan of the old and proposed new Highway, will be lodged with the Clerk of the Peace for the said County on the _______________ Day of _______________ next. ______________________________ A. B. / C.D. Surveyor [or Surveyors] of the &c. Parish of _______________ . No. 20

Summons for any Person or Persons to attend a Justice or Justices

To A. B. (to wit.) Whereas Complaint and Information hath been made upon Oath before me, CD. One of His Majesty's Justices of the Peace for the said [County, &c] by E. F. of _______________ that, &c. [here state the Nature and Circumstances of the Case, as far as it shall be necessary to show the Offence and to bring it within the Authority of the Justice ; and, in doing that, follow the Words of the Act as near as may be]: These are therefore to require you personally to appear before me [or the Justices to be assembled at their Petty Sessions (or Special Sessions for the Highways) to be holden at _______________ in the said County, &c] on the _______________ Day of _______________ next, at the Hour of _______________ in the _______________ noon, to answer to the said Complaint and Information made by the said E. F., who is likewise directed to be then and there present to make good the same. Herein fail not. Given under my Hand this _______________ Day of _______________ . No. 21

Information

(to wit.) Be it remembered, That on the _______________ Day of _______________ A.B. of _______________ in the said County, informeth and maketh Oath before me _______________ One of His Majesty's Justices of the Peace for the said County, that _______________ of _______________ in the said County, [here describe the Offence, with the Time and Place, and follow the Words of the Act as near as may be,] contrary to the Statute in the Fifth and Sixth Year of the Reign of His Majesty King William the Fourth, intituled, " An Act," &c. [here set out Title of Act,] which hath imposed a Forfeiture _______________ for the said Offence. Taken and sworn the _______________ Day Of _______________ before me ______________________________ A. B. No. 22

Form of Conviction

(to wit.) Be it remembered, That on the _______________ Day of _______________ in the Year of our Lord _______________ at _______________ in the County aforesaid, A. B. came before us _______________ of His Majesty's Justices of the Peace for the said County, and informed us, that E. F. of _______________ on the _______________ Day of _______________ now last past, at _______________ in the said County, did [set forth the Fact in the Manner described by the Act], whereupon the said E.F., after being duly summoned to answer the said Charge, appeared before us on the Day of in the said County, and, having heard the Charge alleged against him, declared that he was not guilty of the said Offence ; but the same being fully proved upon the Oath of G.H. a credible Witness, it manifestly appears to us the said Justices that he the said E. F. is guilty of the Offence charged upon him in the said Information: It is therefore considered and adjudged by us the said Justices, that the said E. F. be convicted, and we do hereby convict him of the Offence aforesaid ; and we do hereby declare and adjudge that he the said E. F. hath forfeited the Sum of _______________ of lawful Money of Great Britain, for the Offence aforesaid, to be distributed as the Law directs, according to the Form of the Statute in that Case made and provided. Given, &c. [After the Words, " being duly summoned to answer the said Charge," insert

did not appear before us pursuant to the said Summons,

or " did neglect and refuse to make any Defence against the said Charge but the same being fully proved, &c., as before.] [After the Words " Charge alleged against him," insert '

acknowledged and voluntarily confessed the same to be true;and it manifestly appears to us the said Justices, &c., as above.] No. 23

Warrant to distrain for the Forfeiture

(to wit.) To the Constable [Headborough or Tithingman] of _______________ Whereas A.B. of _______________ in the said County [Yeoman, &c] is this Day convicted before us, Two of His Majesty's Justices of the Peace in and for the said County, upon the Oath of G. H. a credible Witness, for that the said A.B. hath [here set forth the Offence, describing it particularly in the Words of the Act, as near as may be], contrary to the Statute in that Case made and provided ; by reason whereof the said A.B. hath forfeited the Sum of _______________ to be distributed as herein is mentioned, which he hath refused to pay : These are therefore in His Majesty's Name to command you to levy the said Sum of _______________ by Distress of the Goods and Chattels of him the said A.B.; and if within the Space of Four Days next after such Distress by you taken, the said Sum of _______________ together with the reasonable Charges of taking and keeping the same, shall not be paid, that then you do sell the said Goods and Chattels so by you distrained, and out of the Money arising by such Sale that you do pay one Half of the said Sum of _______________ to E. F. of _______________ who informed me of the Offence, and the other Half of the said Sum of _______________ to I. K. the Surveyor of the Parish [Township or Place] where the said Offence [Neglect or Default] happened, to be employed towards the Repair of the said Highways, returning the; Overplus, upon Demand, to him the said A. B., the reasonable Charges of taking, keeping, and selling the said Distress being first deducted and if sufficient Distress cannot be found of the Goods and Chattels of the said A. B. whereon to levy the said Sum of _______________ that then you certify the same to us, together with this Warrant. Given under our Hands the _______________ Day of _______________ . ______________________________ C.D. _______________________________ E.F. No. 24

Return of the Constable to be made upon the Warrant of Distress when there are no Effects

I A. B., Constable of the [Parish, &c] of _______________ in the County of _______________ do hereby certify and make Oath, That by virtue of this Warrant I have made diligent Search for the Goods of the within-named _______________ and that I can find no sufficient Goods whereon to levy the within Sum of _______________ . As witness my Hand the _______________ Day of _______________ . ______________________________ A.B. Sworn before me the Day and Year, &c. _____________________________________________ C.D. No. 25

Commitment for Want of Distress

(to wit.) To the [Constable] of _______________ in the said County, and to the Keeper of the Common Gaol [or House of Correction] at _______________ in the said County. Whereas A.B. of _______________ in the said County, Yeoman, was on the _______________ Day of convicted before us, Two of His Majesty's Justices of the Peace in and for the said County, upon the Oath of E. F. a credible Witness, for that he the said A. B. [here set forth the Offence"], contrary to the Statute made in the Fifth and Sixth Year of the Reign of King William the Fourth, intituled " An Act," &c. [here set out Title of Act,] by reason whereof the said A. B. hath forfeited the Sum of _______________ : And whereas on the _______________ Day of _______________ in the Year aforesaid we did issue our Warrant to the [Constable] of _______________ to levy the said Sum of _______________ by Distress and Sale of the Goods and Chattels of him the said A. B., and to distribute the same according to the Directions of the said Statute : And whereas it duly appears to us upon the Oath of the said [Constable] that the said [Constable] hath used his best Endeavours to levy the said Sum on the Goods and Chattels of the said A. B. as aforesaid, but that no sufficient Distress can be had whereon to levy the same: These are therefore to command you the said [Constable] of _______________ aforesaid to apprehend the said A. B., and him safely convey to the Common Gaol [or House of Correction] at _______________ in the said County, and there deliver him to the Keeper thereof, together with this Precept: And we do hereby also command you the said Keeper to receive and keep in your Custody, and to keep to hard Labour, the said A. B. for the Space of _______________ unless the said Sum shall be sooner paid, pursuant to the said Conviction and Warrant and for so doing this shall be your sufficient Warrant. Given under our Hands the _______________ Day of _______________ in the Year of our Lord _______________ . ______________________________ C.D. ______________________________ E. F.

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