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and occupier of lands and tenements in the parish of H., in the said county of S., do intend, at the next general quarter sessions of the peace, to be holden in and for the said county of S., to commence and prosecute an appeal against the last assessment or rate made for the relief of the poor of the said parish of A., for that (or say, " the grounds of my appeal are, that," &c.] the assessment or rate made for the relief of the poor of the said parish of A. is partial, unfair, unequal, and unjust, for that you have left out and omitted in the said rate or assessment the names of, &c., inhabitants and occupiers of lands and tenements in the said parish of A., and neglected to charge, rate, and assess them, or any of them, for the several messuages, lands, and premises, in their respective possessions or occupations, in the said parish of A., at the time of making the said rate or assessment, and for some time before. And also
division, corporation, or franchise; but if reasonable notice be not given, then they shall adjourn the appeal to the next quarter session after; provided that in all corporations or franchises not having four justices, the appeal may be to the next general or quarter session for the county, rid. ing, or division, wherein such corporation or franchise is situate. And on appeals from rates the justices shall amend the same in such manner only as shall be necessary for giving relief, without altering such rates with respect to other persons mentioned in the same; but if, upon an appeal from the whole rate, it shall be found necessary to set the same aside, then they shall order a new rate to be made, and they may award reasonable costs on either side. By 41st Geo. III., c. 23, all notices of appeal must be served in writing, and served upon two or more of the church wardens and overseers, such notice to specify the particular grounds of appeal; and no other ground, unless by consent of the parties, to be gone into.
The appeal lies to the next session after allowance, King v. Atkins, (4 T. R. 12 ;) for it is no rate till it has been allowed. A notice of appeal, when it is on account of particular persons being omitted, &c., must specify those parti. cular persons by name. (1 Bott. 274.)
that, in the said rate or assessment, you have greatly underrated A. B., C. D., and E. F., for the several messuages, lands, and premises, in their respective possessions or occupations; and because I am not rated fairly and equally, but more in proportion than the several last-mentioned persons respectively are, or ought to have been rated, in respect of the mes. suages, lands, and premises, in their respective possessions, within the said parish of A.; and because, &c., are overrated in respect of the messuages, lands, and premises, in their respective possessions, within the said parish of A.: And I do hereby also give you notice to produce, at the hearing of the said appeal, the aforesaid rate or assessment, and to prove the due making, signing, allowance, and publication thereof. As witness my hand, this
day of 18 . To A. B. and C. D., Esquires, two of her Majesty's
justices of the peace for the county of, &c.
upon a presentment of 1
Notice of try. I do hereby give you, and each of you, notice, ing traverse, that the inhabitants of the poor of the parish of C.,
i in the said county of D., do intend, at the next generoad being ral quarter sessions of the peace, to be holden at the out of repair. shire-hall in, &c., in and for the said county, on, &co,
next, to appear, and try their traverse with effect,
of the said parish of C. To A. B. and C. D., two of her Majesty's justices of
the county of, &c.
Notice of in.
tention to move by
I do hereby give you, and each of you, notice, that I intend, at the next general quarter sessions of the peace to be held in and for the county of
to move by counsel to set aside or withdraw a pre- counsel, at sentment by you preferred against the inhabitants of sessions, to
withdraw a the parish of M., in the said county of S., commen
deno 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 re
pair; and noand 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 jus
tices. jesty's justices of the peace, acting in and for the county of , who will attend for that purpose, at the house of, &c., in the parish of
aforesaid, on the day and at the hour last before mentioned, when and where you may attend, if you
• 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.
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
having viewthat we have this day viewed a certain ancient highway, in
ed 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 of 18 .
A. B. Signed in the presence of, &c.
please. As witness my hand, the day of 18 .
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
the parish of in the county of, &c.
Notice of appeal against an order of removal.*
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 church. wardens 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.
Overseers. To Mr A. B.
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 ac
tion. bond, 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.