The appointment, oath and return of the appraisers are in the same form as numbers 785, 786, 788. 792. Order of sale. Follow form number 785. Add before the date: It is farther ordered that said cow be sold at public auction by said D. N., who shall give notice and proceed in such sale in the same manner as sheriffs are required to do in sales upon execution. After the return of the appraisal, the justice may issue a warrant for the sale. 793. Form of warrant of sale. To D. N., of A., in the county of H.: [L. s.] Upon your application to me, J. P., justice of the peace for the county of H., setting forth that, (here copy the application from the word "show" to the concluding words, " and to make an order for the sale of said cow, according to law") having appointed the day of -, 185-, at o'clock in the noon, at, in A., in said county, and having heard the parties thereon, (or having caused the parties to be duly notified thereof,) It is ordered that said cow be sold at public auction by you, the said D. N., and that you give notice and proceed in such sale as sheriffs are required to do in sales upon execution. You are, therefore, hereby directed to give notice and make sale of said cow as aforesaid, and make return of your doings therein to me, the said justice. Dated the day of-, 185-. 794. The return of sale may be in form No. 545. J. P., Justice of the Peace. 795. Application for appraisal of damages and of the creature impounded. This application may be in form 782, except that instead of "forty-eight hours," "four days" should be inserted; and at the end, before the words, "the damages done as aforesaid," the words "the said cow and" should be inserted.] 796. In the appointment and oath of the appraisers, forms 785 and 786, between the words "appraise" and "the damages," insert the said cow and." 797. In the notice of appraisal, form 787, after the words, "to appraise," insert the words, "the said cow and," in two places. 798. In the report of the appraisers, form 788, add," and having carefully exainined and appraised said cow, we do upon our oaths say that said cow is of the value of ten dollars and no more." CHAPTER 35. OF THE POWER OF JUSTICES TO REMOVE INCUMBRANCES IN HIGHWAYS. 1. Incumbrances may be removed. 2. Notice to remove given. 3. Justice to view, may order sale. 4. Sale made by surveyor. §1. The surveyor of highways may remove any timber, lumber, stones, or other thing whatever, placed or being in any highway or street to the incumbrance thereof. R. S. 131, ch. 59, § 1; C. S. 151, § 1. § 2. Such surveyor may, if he choose, give reasonable notice to the owner, or person leaving any such incumbrance, to remove the same; and upon their neglect or refusal to remove the same, or if they are unknown, he may make complaint thereof to a justice of the peace. Ib. § 2. §3. Such justice shall cause notice to be given to the owner, or person leaving the same, if known, of the time appointed by him to view such incumbrance; and after hearing such party, may, upon his own view, issue his warrant to the surveyor to remove the same, so far as he shall judge necessary for the public convenience, and to sell so much thereof as may be necessary to pay the legal costs taxed by him, and three times the price of the labor of removing the same, to be estimated by such justice. Ib. § 3. § 4. The surveyor shall have the same powers and be governed by the same rules, in making such sale, as collectors of taxes in the sale of property distrained by them; and if the proceeds of such sale shall be insufficient to pay the sums specified in such warrant, the surveyor may recover the balance unpaid by action on the case against the person leaving Ib. § 4. the same. FORMS OF PROCEEDINGS. 799. Notice to remove an incumbrance in the highway. To A. B., of S.: You are hereby ordered to remove a pile of boards left by you in the highway, near your house in said S., without delay, as said highway is incumbered thereby. J. W., Surveyor of Highways. S.,, 185-. [Note. The original notice should be left, and a copy preserved.] 800. Complaint for neglect to remove. To J. P., & Justice of the Peace for the County of C.: - J. W., of S., in said county, surveyor of highways for District No. 3, in said S., complains that A. B., of said S., &c, on the day of 185-, at said S., with force and arms unlawfully did place a large pile of boards in and upon the highway in said District No. 3, in said town of S., leading from to, and though reasonable notice to remove the same was given by said J. W. to said A. B.,on the day of, he has thenceforth unlawfully left, and still leaves and suffers the same to remain in and upon said highway, to the incumbrance thereof, against the peace and dignity of the State; wherefore said complainant prays the said justice upon his own view of said incumbrance to cause the same to be removed, and the legal cost and expense of removal to be paid by sale of said boards, according to law. J. W. 185-. The said J. W. made oath that the foregoing complaint by him signed is in his belief true. 801. C- ss., Before me : J. P., Justice of the Peace. 802. Order of notice. C-ss., 185-. Upon the foregoing complaint it is ordered that notice be given to said A. B. to appear before me, the said justice, at in in said county, on the day of “ at o'clock in the -noon, and show cause why the said incumbrance should not be removed, by giving to said A. B., or leaving at his usual place of abode, a copy of said complaint and of this order, on or before the next. Certificate of service, see form 615. -- 803. Warrant to remove incumbrance. C-ss. day of J. P., Justice of the Peace. THE STATE OF NEW-HAMPSHIRE. To J. W., Surveyor of Highways for District No. 3, in the [L. S.] Whereas complaint has been made to me, J. P., a justice of the peace for the county of C., as follows: [Here insert the complaint.] and the said A. B. having been duly notified to appear before me and show cause why said boards should not be removed, and not appearing, (or not showing sufficient cause) and it appearing to me, the said justice, upon my own view of the same, that said boards are in and upon said highway, to the incumbrance thereof: We command you, therefore, forthwith to remove said boards from said highway to the distance of feet from the center of the traveled part of said highway, and to advertise and sell according to law so many of said boards as may be necessary to pay the legal costs upon said complaint, taxed by me at, and also the sum of, being three times the price of the labor of removing said boards, as estimated by Dated the day of, 185-. me. J. P., Justice of the Peace. The manner of proceeding in the sale is prescribed in § 6 and 7, of ch. 45 of the Revised Statutes, page 110, as follows: § 6. The collector shall keep the property distrained, four days, at the cost of the owner. If the tax, cost and charges are not then paid, he shall post up, in two or more public places in the town where the sale is to be, twenty-four hours before the time of sale, a notice of the place, day and hour of sale, with a particular description of the property to be sold; and at the time and place appointed, which shall be in the town where the distress is made, between the hours of ten in the forenoon and six in the afternoon, and within forty-eight hours after the expiration of said four days, shall sell the same at public auction, to the highest bidder. C. S. 124, § 6. § 7. A particular account, in writing, of the taxes of the delinquent, the collector's fees, and charges of keeping and sale, the amount of sale of each article, with the overplus, if any, after deducting said taxes and charges, shall be delivered immediately upon such sale to the owner, or be ready to be delivered to him upon request. C. S. 125, § 7. 804. Notice of sale. AUCTION. Taken by virtue of a warrant issued by J. P., justice of the peace for the county of C., feet of boards, left in the public highway in district No. 3, in the town of S., to the incumbrance thereof, and will be sold at public auction, at in said, on the day of, at — o'clock in the forenoon, to pay the legal costs and expenses of removal and sale. J. W., Surveyor of Highways for District No. 3, in S. 185 805. Account of sale. To A. B., of S., &c. By virtue of a warrant issued by J. P., justice of the peace for the county of C., I have taken and sold at public auction feet of pine boards, left in the public highway in district No. 3, in the town of S., to the incumbrance thereof, as follows: 500 feet to J. A. for 250" to P. R. for Amount of sales, I have applied the same to pay the legal costs taxed by said justice. Three times the expense of removing said boards, as estimated by said justice, Expenses of advertising and selling the same, Balance to be delivered to you on request, 185-. $3.00 1.50 $4.00 2.00 6.00 $5.50 .50 J. W., Surveyor of Highways for District No. 3, in S. 806. If the owner is unknown. Say, in the complaint, instead of "A. B., of S.," &c, "some person to your complainant unknown," and omit the words, "though reasonable notice to remove the same was given by said J. W. to said A. B. on the day of -." No order of notice is necessary. 807. Omit in the warrant, "And the said A. B., having been duly notified to appear before me, and show cause why said boards should not be removed, and not appearing" (or, not showing sufficient cause.) CHAPTER 36. OF THE POWERS OF JUSTICES TO CALL TOWN AND CORPORATE MEETINGS. 1. On refusal of selectmen. 2. On failure of meeting. 3. Form of warrant. 4. Justice to preside, when. 5. On failure of corporate meeting. § 1. If the selectmen shall unreasonably neglect or refuse to warn a meeting, or to insert any article in their warrant, a justice of the peace, upon application in writing of one sixth part of the voters of such town, may issue a warrant for such meeting. R. S. 95, § 9; C. S. 103, § 9. |