overseers of the poor should seize of the defendant's goods what they might judge proper, to secure the parish from the maintenance of his bastard child, was moved to be quashed, because, by the act they have only authority to make an order to empower the churchwardens and overseers to seize what the Justices shall judge proper, and not what the churchwardens may judge proper; and for this reason it was quashed.*.! Form of the Warrant, for Confirmation, by the Justices in Session. County of "To the Churchwardens and "Whereas A. B. and C. D. churchwardens, " and E. F. and F. G. overseers of the poor of "the said parish of have made com"plaint unto us P. Q. and S. T. esquires, two " of his Majesty's Justices of the Peace in and " for the said county of, one whereof is 66 of the Quorum, that R. R. late of the said "parish of, hath run away out of the "said parish of, and that the place of "his abode cannot be discovered; and that the " said R. R. hath left his male bastard child, aged three years, and born within the said " parish of, upon the charge of the said * 2 Lord Raym. 858.. "parish of, although he, the said R. R. 1 Nuisances. 2. NUISANCES. - Under this division we are not about to consider the indictment and trial of nuisances, for those are matters which belong to another portion of this chapter; nor the abatement of Nuisances, for that must be presupposed, before any thing respecting them can come before the court by way of motion; nor actions on account of damage sustained by nuisances, for that would be beside our purpose; but merely presentments of certain Nuisances by Justices, without the intervention of a Grand Jury; and motions by advocates which are confined to the respite of proceedings on indictments and presentments; or to the imposition of a fine after conviction, or confession, or abatement. The Form of a Presentment of a Justice of the At the General Quarter Session " of the Peace of our Lord the King, held for "the said county at "on (Tuesday) the in the said county, day of in "the said year of the reign of, before esqrs. and others their companions, "Justices of our said Lord the King, assigned " to keep the peace in the said county, and also " to hear and determine divers felonies, tres 66 passes, and other misdemeanours in the said "county committed: A. B. esq. one of the "Justices of our said Lord the King, assigned " for the purpose aforesaid, by virtue of an act 1 "made in the thirteenth year of the reign of "his Majesty King George the Third, for the "amendment and preservation of the high"ways,' (upon his own view), or (upon infor. "mation, upon oath, to him given by C. D. "surveyor of the highways for the (parish, &c.) "of in the said county,) doth present, "that from the time whereof the memory of man is not to the contrary, there was, and yet " is, a certain common and ancient king's "highway leading from the town of "the said (county, &c.) towards and unto in within the same (county) used for "all the king's subjects, with their horses, "coaches, carts and carriages, to go, return, "and pass, at their will: and that a certain "part of the same king's common highway, "commonly called situate, lying, and "being in the (parish, &c.) of in the same (county) containing in length "yards, and in breadth feet, on the year of "the reign of, and continually after "wards until the present day, was, and yet is, "very ruinous, deep, broken, and in great "decay, for want of due reparation and amend. "ment, so that the subjects of the king through "the same way, with their horses, coaches, "carts and carriages, could not, during the "time aforesaid, nor yet can, go, return, or "pass, as they ought and were wont to do, to 1 L "the great damage and common huisance of "In testimony whereof, the said A. B. to "these presents hath set his hand and seal the day of in the year aforesaid." The indictments or presentments, which commonly produce motions for respiting the proceedings, being for obstructions on, or the Respiting non-repair of, highways; it is usual to grant the proceed-respite after respite, on motion, in order to give ings. the persons prosecuted time to remedy the evil |