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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
" Overseers of the parish of
" in the County of

"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

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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,

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aged three years, and born within the said " parish of, upon the charge of the said

* 2 Lord Raym. 858..

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"parish of, although he, the said R. R.
"hath an estate consisting of ten acres of
"land, [or as the case is], situate at, suffi-.
"cient to discharge such parish from the charge
" of such male bastard child; and whereas we,
"the said Justices have duly examined into
"the cause and circumstances of the said com-
"plaint, as well upon oath as otherwise, and
"it doth appear unto us, and we do adjudge,
"that the said complaint is true; and we do
"also adjudge him, the said R. R. to be the
reputed father of the said bastard child.-
"These are therefore to authorise you, the said
"church-wardens and overseers of the poor of
"the said parish of, to take and seize so
"much of the goods and chattels, and to
"receive so much of the annual rents and
"profits of the said lands, of the said R. R.
"situate at aforesaid, as shall amount
"to, or be sufficient to raise and pay, the sum
" of, which we do hereby appoint and
"order you to receive, towards, the discharge
" of the said parish, and for the bringing up
"and providing for the said bastard child:
" and you are hereby required to attend at the
"next General Quarter Session of the Peace
"to be holden in and for the said county of
"-, in order that this present order may
"be then and there confirmed, according to
"the statute in that behalf made and pro.
"vided."

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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
Peace.

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

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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

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"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

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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

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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

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same (county) containing in length

"yards, and in breadth

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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

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"the great damage and common huisance of
"all the King's subjects through the same
"highway, going, returning, or passing, and
"against the peace of our said Lord the King,
" and that the inhabitants of the (parish, &e
"of aforesaid in the (county) aforesaid,
" the said common highway (so in decay) ought
" to repair and amend, when, and so often as
'f it shall be necessary.

"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
complained of; the reason and occasion for
these, and such like indictments or presentments,
being much less for the purpose of punishing
the offenders, than of abating the nuisance.
- If, after the bill be found by the Grand Jury,
the parties prosecuted continue obstinate, the
proceedings are continued, as on other offences
of which the Sessions have cognizance, to con-
viction and judgment; but in those instances
where the intended purpose is effected by the
removal of the obstruction or encroachment,
as the case may be, or by the repair of the
highway itself, the regular course is to present

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