...preferred &c. at the next assizes, or general quarter sessions of the peace, against the inhabitants of the parish, or the party to be named in such order, for suffering anil permitting the said highway to be out of repair. 5 & 6 Will. 4, c. 50, s. 95. As to how the fines...

...of the Highway Act (5 & 6 Will. 4, c. 50), which enacted that the costs of such proceedings should be directed by the judge of assize before whom the said indictment is " tried," to be paid out of the highway rate. had not been " tried " before him, the prosecutor was not entitled...

...wherein such highway is situate, against the inhabitants of the parish, or the party charged therewith, for suffering and permitting the said highway to be...repair ; and the costs of such prosecution shall be paid by such party to the proceedings as the court before whom the case is tried shall direct, and...

...Judge had power to make the order complained of, under 5 & 6 Will. 4, c. 50, s. 95, which enacts that " the costs of such prosecution shall be directed by the Judge of Assixe before whom the said indictment is tried, to be paid out of the rate made and levied in pursuance...

...a rule nut to set aside the order or certinnte for costs. — S?ct. 95 enacts, " the costs of snch prosecution shall be directed by the judge of assize...the said indictment is tried, or by the justices, to be paid out of the rate made and levied in pursuance of this Act in the parish in which such highway...

...applied to tho learned judge for his order for his costs under the 95th section, which enacts that u the costs of such prosecution shall be directed by...the judge of assize before whom the said indictment ¡s tried, or by the justices at such quarter sessions, to be paid out of the rate made attd levied...

...witnesses in support thereof, at the Quarter Sessions, against the inhabitants of the said parish, for suffering and permitting the said highway to be out of repair. In Michaelmas Term, 1862, Field obtained a rule calling upon the prosecutors to shew cause why the...

...peace for the county, riding, division, or place wherein such highway shall be, against the inhabitants of the parish or the party to be named in such order,...and permitting the said highway to be out of repair (v); and the costs of such prosecution shall be directed by the judge of assize before whom the said...

...'lireet a bill of indictment to be preferred" at the Assizes or Quarter Sessions against the inhabitants of the parish, or the party to be named in such order ' т the non-repair, "and the costs of such prosecution shall be directed by the Judge of Assize before...

...direct a bill of indictment to d" " at the next assizes" " against the inhabitants of the parish" " for suffering and permitting the said highway to be out of repair to be Held, that, although where the road alleged to be out of repair is admitted at the hearing to...