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 complaint 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 "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 66 * 2 Lord Raym. 858.. 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 66 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 66 next General Quarter Session of the Peace "to be holden in and for the said county of 66 1 in order that this present order may "be then and there confirmed, according to "the statute in that behalf made and pro"vided." 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 66. Peace. At the General Quarter Session "of the Peace of our Lord the King, held for — 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 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 66 "made in the thirteenth year of the reign of "his Majesty King George the Third, for the "amendment and preservation of the highways,' (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 66 66 in "the said (county, &c.) towards and unto — 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 66 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 66 "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 "the great damage and common nuisance 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, &c.) of aforesaid in the (county) aforesaid, the said common highway (so in decay) ought to repair and amend, when, and so often as "it shall be necessary. 66 "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 pro ceedings, 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 conviction 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 |