withdraw a pair; and no to move by counsel to set aside or withdraw a pre- counsel, at sentment by you preferred against the inhabitants of sessions, to the parish of M., in the said county of S., commen- presentment cing, &c., which said road hath lately been well and of a road besubstantially repaired. And I do further give you, ing out of reand each of you, notice, that the said road will be tice that same viewed on the day of next, at will be viewed o'clock in the forenoon, by two of her Ma- by two jusjesty's justices of the peace, acting in and for the county of who will attend for that purpose," afore at the house of, &c., in the parish of • There must be an affidavit made by one of the witnesses to the notice, to be sworn in court, stating that the deponent did see the justices sign their names to the certificate thereunto annexed, and that the names of them and the witnesses are their proper hand-writing. There should also be an affidavit by one of the surveyors of the highways for the parish, stating that the roads were presented at certain sessions, for not repairing, &c., and that it appears from the accounts of the surveyors of the parish, from the time of preferring the presentment to the present time, that the sum of, &c., [specify the amount] has been laid out and expended in repairing of the road by the inhabitants of the parish, and that the whole under presentment is repaired and amended, and likely to continue so. tices. P To C. C., Esquire, and other her Majesty's justices of the peace for the county of S., at the general quarter sessions of the peace held at S., in and for the said county, on, &c. We, A. B. and C. D., two of her Majesty's justices of the Certificate by peace in and for the said county of S., do hereby certify magistrates of that we have this day viewed a certain ancient highway, in having viewed a highway the parish of M., in the county of S., leading, &c., commen- which has cing, &c., containing, &c., now under presentment as afore- been repaired. said, and that the same is now in good and sufficient repair, and likely so to continue. Witness our hands, this day please. As witness my hand, the day of 18 Witness. E. F. Surveyor of that part of the high road, in the parish of M., which is presented. Notice to pre- I do hereby give you notice, not at any time herevent sporting. after to enter or come upon any part of the farms, lands, woods, hereditaments, and premises, in my possession or occupation, situate, &c., or any or either of them, either for the purpose of coursing, hunting, shooting, fishing, or fowling, or any pretence whatsoever; as I shall deem every such entry and intrusion a wilful trespass done to me, and shall take my remedy for the same according to law. Dated this day of To the churchwardens and overseers of the poor of the parish of in the county of, &c. Notice of appeal against an order of removal.* 18 . We, the churchwardens and overseers of the poor of the parish of, &c., do hereby give you, and each of you, notice, that we intend to commence and prosecute an appeal at the next general quarter sessions of the peace, to be held in and for the county of against an order of A. B. and C. D., Esquires, two of her Majesty's justices of the peace for the county of aforesaid, touching the removal of, &c., [as in the order ;] and the grounds of such intended ap 9 An affidavit of the service of the notices should be prepared, to be sworn in court. * By the statute 4th and 5th William IV., c. 76, § 81, the grounds of the appeal must be stated in the notice, or by a separate document, and no other grounds can be gone into. This notice must be signed by the majority of the churchwardens and overseers, and must be given fourteen days at least before the first day of the sessions. The parish giving the notice is not bound by it, if, before the fourteen days, another notice, stating the grounds upon which the parish intends to rely, be given. Rex v. Derbyshire, 6 Ad. and El. 612, n. peal are, that, &c., [setting forth the grounds.] Dated, &c. To Mr A. B. Churchwardens. tion. I do hereby give you notice, that under and by Notice of the virtue of a certain indenture, dated, &c., and made assignment of between, &c., in consideration of, &c., a certain a chose in acbond, dated, &c., under your hand and seal, &c., in, &c., with a condition, &c., (or other chose in action,) was assigned to me, my executors, administrators, and assigns, and on which said bond there was then due to the said (obligee) the sum of, &c., with interest from, &c., and in which said indenture is contained a power of attorney, enabling me to enforce the payment of the said principal sum and interest to become due, for and in the name of him, the said, &c., but to and for my own use and benefit. Dated, &c. CHAPTER XXVIII. PARISH PROPERTY. THE 43d Elizabeth, c. 2, sec. 5, authorizes the churchwardens and overseers of any parish, with the leave of the lords of the manor, and upon an agreement with them in writing, according to an order of the justices of the quarter sessions, to build upon the waste lands in their parish convenient dwellings, for the habitation of the impotent poor, which houses were to be used for their habitation only. The 9th George I., c. 7, sec. 4, empowered the churchwardens and overseers, with the consent of the vestry, to purchase or hire any house or houses in the same parish, for a cottage or cottages, but gave no directions how such property was to be held. The 59th George III., c. 12, gave additional powers for the purchasing and building of cottages, and enacted, that the churchwardens and overseers should be a corporation to take and hold all buildings, lands, and hereditaments, purchased, hired, or taken, or used by them, for the purposes of that act, and also all other buildings, lands, and hereditaments belonging to such parish. Section 9 of that act empowers the churchwardens and overseers of the poor, by the direction of the vestry, and with the consent of two justices to sell and dispose of any cottages, or any other houses or tenements belonging to such parish. See also 1st and 2d George IV., c. 56. All property held by trustees on behalf of the parish thus became vested in the churchwardens and overseers of the parish for the time being. The 4th and 5th William IV., c. 76, sec. 21, enacts that all the houses given by any act relative to the acquiring, purchasing, hiring, holding, selling, exchanging, and disposing of cottages, shall be exercised by the persons authorized by law to exercise the same, under the control and subject to the rules, orders, and regulations of the poor-law commissioners. The 5th and 6th William IV., c. 69, sec. 3, extended to copyhold lands by the 1st Victoria, c. 50, contains the following enactment, namely, "That it shall be lawful for the guardians of any parish or union, and for the overseers of any parish, not under the management of a board of guardians, and for the guardians or trustees, guardian or trustee, of any dissolved union, or the person or persons who were the guardians or trustees, guardian or trustee, of any dissolved union at the time of its dissolution, or a majority of such guardians, trustees, or persons, if more than one, with the approbation and subject to the rules, orders, and regulations of the poor-law commissioners, to sell, exchange, let, or otherwise dispose of any workhouses, tenements, buildings, land, effects, or other property belonging to any such parish or union, or vested in trustees, or feoffees, in trust, for such parish or union, or for the parishioners, rate-payers, or inhabitants thereof, or which belong, or did belong, to any dissolved union, and every and any part of such property, and to convey, assign, or transfer the same accordingly to the purchasers or parties exchanging, as they shall direct; and in case of a sale to apply the produce arising therefrom (after deducting the reasonable expenses thereof) towards the purchase or building of any workhouse, |