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from the said J. R.'s homestead, about two hundred and
fourteen loads of gravel stones and other good materials. And
this deponent saith, that in the months of December and
January last, he, the said deponent, did cause to be properly
laid and spread upon the said road upwards of one hundred
loads of gravel stones and other good materials in and to-
wards the repair of the same, and since the said month of
July last, and particularly in the months of September, Octo-
ber, November, and December, and January last, he, this
deponent, did employ several labourers upon the said road
so indicted as aforesaid, in levelling and repairing the same.
And, lastly, this deponent saith, that he hath procured and
got ready upwards of two hundred and forty loads of stones
and other materials to be drawn upon the said road for the
repair of the same as soon as the weather will permit, and
since the said indictment hath been preferred the said road
hath been very much improved, and that, he believes, pre-
vious to the next assizes the whole of the said road will be
well and effectually repaired and amended.
Sworn the 11th day of March, 1789.
A. Thompson.

Northamptonshire.

T. C.

We, two of his majesty's justices of peace in and for the Certificate of two justices county of Northampton, whose hands and seals are hereunto of road being subscribed* and set (one of us being of the quorum,) do here- in repair. (9) by certify that we have within the space of ten days before [* 357] the date and signing and sealing hereof, viewed and inspected a certain part of the common and ancient king's highway lying in the parish of Daventry, in the said county of Northampton, leading from the town of Kilsby, in the said county, towards and unto the market town of Daventry aforesaid, beginning at a certain place called Farmers Slade in the said parish of Daventry, and extending from thence to the end of Dog-lane in the parish of Daventry aforesaid, containing in length five furlongs and in breadth thirty feet, and which was presented or indicted at the Lent assizes, holden in and for the said county of Northampton in the year of our Lord 1788, for being ruinous and in decay for want of due reparation and amendment. And we do hereby certify, that it appears to us that the said common and ancient road or highway hath been lately well and effectually repaired and amended by the surveyor of the said road or by the inhabitants of the said parish of Daventry. And we do hereby further certify, that the same public road or highway is now in very good repair and likely to continue so. Given under

(q) From Mr. Nicholl's MSS. 6 T. R. 635. 13 East. 164. Ante 1 vol. 690. 3 Smith, 575.

Affidavit of execution thereof.

Certificate of

tificate of

and is.

fendant.

our hands and seals the 9th day of March, in the year
Lord one thousand seven hundred and eighty-nine.

of our

John Clarke, (L.S.)
G. Freeman. (L.S.)

maketh oath and saith, that he was present and did see John Clarke, esquire, and the reverend G. Freeman, doctor of laws, two of his majesty's justices of the peace in and for the county of Northampton, duly sign and seal the certificate hereunto annexed, and that the names John Clarkę and G. Freeman, thereto subscribed, are of the respective hands writing of them the said John Clarke and George Freeman.

Sworn in court the 11th
of March, 1789.

A. Thompson.

J. C.

To the right honourable sir S. S. Smythe, knight, &c. production of These are humbly to certify that at the assizes and general justices' cer- sessions of oyer and terminer and general gaol delivery held road being in for the county of Leicester, on Thursday the 10th day of repair, pay. March, 1774, before the honourable sir William Blackstone, ment of fine, knight, one of the justices of our lord the king of his court of charge of de- common pleas, and others his fellows, justices of our said lord the king, assigned to enquire of all treasons, murders, felonies, misdemeanours, and all other offences committed within the county aforesaid, and also to hear and determine [* 358] the same, a writ of distringas directed to the* sheriff of the county aforesaid, was awarded and issued against the inhabitants of the within mentioned parishes of Cosby and Shepy for not appearing (after being before duly summoned) and answering to certain indictments found against them for nuisances in not repairing certain highways within their several parishes, and that at the following assizes and general session of oyer and terminer and gaol delivery held for the county aforesaid, on Thursday the 24th day of July, 1774, before the honourable Geo. Perrott, esquire, then one of the barons of our said lord the king of the court of exchequer, and others his fellows, justices of our said lord the king, assigned to enquire of all treasons, murders, felonies, misdemeanours, and all other offences whatsoever committed within the county aforesaid, the within mentioned sheriff of the county aforesaid, returned to the court and justices last above mentioned, upon the said writ of distringas to him as aforesaid directed, that he had distrained on the several inhabitants of the two several parishes above mentioned as follows, to wit, issues on the said parish of Cosby ten pounds, and on the said parish of Shepy five pounds, which issues were by the court and justices last above mentioned, ordered to be estreated, and were accordingly estreated into his majesty's court of exchequer. And I do hereby further certify, that at the same last above mentioned assizes and

general session of oyer and terminer and general gaol delivery, two of the inhabitants of the said parish of Cosby, on behalf of themselves and the rest of them, did appear and plead specially to the indictment against them, that a certain other person by reason of his tenure of lands was bound to repair, that part of the road alledged to be out of repair, and that no replication or other proceedings have been filed or had thereon; and I do hereby also further certify, that at the assizes and general sessions of oyer and terminer and general gaol delivery held for the county aforesaid, on Wednesday the 9th day of August, 1775, before the honourable sir Richard Ashton, knight, one of the justices of our said lord the king assigned to hold pleas before the king himself, and others his fellows, justices of our said lord the king, assigned to enquire of all treasons, murders, felonies, misdemeanours, and all other offences committed within the county aforesaid, and also to hear and determine the same, the inhabitants of the said parish of Shepy did appear and plead guilty to the indictment against them, and on producing a certificate and an affidavit of the due repair of the road alledged in the indictment to be out of repair, they were by the court and justices last above mentioned fined 3s. 4d., and are now freed and discharged of the indictment aforesaid against them. Dated this day of February, 1776.

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certificate

And on producing a certificate under the hands and seals [* 359] of two of his majesty's justices of the peace for the same The like on county, and also an affidavit that the same part of the king's producing highway was thoroughly repaired and amended, they, the only. said inhabitants, were, by the court and justices last above mentioned, fined one shilling, and were freed and discharged of the indictment aforesaid. Dated this

day of

PROCESS BY LEVARI.

court of oyer

George, &c. To William Wollaston, of Great Fenborough, Levari facias in our county of Suffolk, esquire: we command you that you for fine imdo not omit, by reason of any liberty in your bailiwick, but posed by that you enter therein and levy or cause to be levied upon and termithe goods and chattels, lands and tenements of the inhabi- ner, on intants of the parish of St. Gregory, in our said county of lictment for Suffolk, by distress and by sale of the said goods and chat-highway. () not repairing tels so distrained, the sum of 1401. set and imposed upon them in our court of oyer and terminer for our said county of Suffolk, by our justices of oyer and terminer at this present session of oyer and terminer now holden at Bury St. Edmunds, in and for our said county of Suffolk, for their fine for a certain trespass, nuisance, and misdemeanour for not

(r) From Mr. Nicholl's MS.

The like from Crown Office on

stat. 3 W.

M. c. 12. s. 14. (8)

repairing a certain part of the common and ancient king's highway lying in the said parish of St. Gregory in our said county of Suffolk, whereof they are indicted and convicted, and which said fine so set and imposed as aforesaid, our said justices of oyer and terminer, at this present session of oyer and terminer have nominated to be levied by and ordered to be paid to you, and that you expend, lay out, and employ the said money so to be levied in and about the repairs of the highway aforesaid, in the parish aforesaid, in our county of S. aforesaid, and how you shall have executed this our writ make appear to our justices of oyer and terminer for our said county of S. at the next sessions of oyer and terminer to be holden in and for our said county of S. and have you then there this writ.

Witness, George Parrot, esquire, at Bury St. Edmunds, 13th day of May, in the twelfth year of our reign.

Fleetwood. George, &c. To A. B. and C. D. surveyors of the highways within the parish of E. in our county of F.: we com& mand you that you do not omit, by reason of any liberty in your bailiwick, but that you levy or cause to be levied upon the goods and chattels, lands and tenements of G. H. of the parish of E. in the said county of F. by distress and sale of the said goods and chattels, so distrained, the sum of 101. [* 360] forfeited by him the said* G. H. by reason of certain trespasses and contempts against the form of the statute made for the repair of highways, whereof he stands indicted, and thereupon by a certain jury of the county taken between us and the said G. H. he is convicted, as it appeareth in our court before us upon record, and that you expend and employ the said money so to be levied in and about the repairs of the highways within the parish aforesaid, in the county aforesaid, and how you shall have executed this our writ make it appear to us in three weeks from the feast day of St. Michael, wheresoever we shall then be in England, and that you have then there this writ. Witness, &c.

By the court,

Barrow. [Others have this clause, " and that you have the money before us, &c. the return."]

Notice of motion for judgment to defendant

and his bail on indict.

ment. (t)

NOTICES OF MOTION FOR JUDGMENT.

In the king's bench.

The King against

S. H.

Take notice, that this honourable court will be moved on Tuesday the sixth day of this instant, or so soon after as counsel can be heard, that you the said defendant S. H. may

(s) From Mr. Nicholl's MS. (r) Ante 1 vol. 691. See Hand Pr. 420.

be called to appear and receive the judgment of the said court upon the indictment whereof you stand convicted; and in case you the said defendant do not appear, the said court will then be moved that such default may be recorded, and that the recognizance entered into by you I. K. of, &c. and L. M. of, &c. for the personal appearance of you the said defendant in this court, may be estreated into his majesty's court of Exchequer. Dated the first day of May, 1802.

Your's,

W. H. solicitor for the prosecution. To S. H. the above-named defendant, and the said I. K. and L. M. his bail.

King's bench Cambridgeshire.

The King against James Newsham.

Take notice that this honourable court will be moved on Friday the third day of February next, or so soon after as counsel can be heard, that judgment may be passed upon the said defendant upon the indictment for certain nuisances whereof he stands convicted. Dated the 26th day of January,

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The like in the modern

form.

The like on

The King [*361] against A. B. esquire. by informa

prosecutions

Take notice, that this honourable court will be moved on tion. (u) Monday the 15th day of November instant, or so soon after as counsel can be heard, that you the said defendant A. B. may be called to appear and receive the judgment of the said court, upon the information whereof you stand convicted. Dated the 6th day of November, 1802.

.

Your's, &c.

W. H. solicitor for the prosecution.
To A. B. esquire, the above-named defendant.
In the king's bench.

Sir,

The King
against

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C. D. esquire. ing to re

I do hereby give you notice, that the above-named defen- ceive the dant C. D. will, on Tuesday the 16th day of November in-judgment. stant, personally be and appear in open court [if defendant be in custody, say," be brought into this honourable court in order to receive," &c.] in order to receive the judgment of the said court, for the misdemeanours whereof he stands convicted. Dated the 10th day of November, 1802. Your's, &c.

W. N. solicitor for the said defendant. To Mr. W. H. solicitor for the prosecution.

(u) Ante 1 vol. 691. Hand, Prac. 131. Though this is a form in a prosecution, by information it may readily be applied to a

proceeding by indictment.
(r) Hand. Prac. 131. Ante 1
vol.691.

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