UNIVERSITY 
 
 OF CALIFORNIA 
 
 LOS ANGELES 
 
 SCHOOL OF LAW 
 LIBRARY
 
 THE POWERS, DUTIES, 
 AND LIABILITIES 
 
 OF 
 
 EXECUTIVE OFFICEBS 
 
 AS BETWEEN THESE OFFICEES AND 
 THE PUBLIC. 
 
 A CONCISE ENQUIRY INTO THE LIMITS OF EXECUTIVE 
 
 AUTHORITY AND THE REMEDIES FOR BREACH 
 
 OR EXCESS THEREOF. 
 
 BY 
 
 A. W. CHASTER, 
 
 OF THE UNIVERSITY OF LONDON, LL.B. ; AND OF THE MIDDLE TEMPLE AND WESTERN CIRCUIT, 
 BARRISTER-AT-LAW. 
 
 ' Where freedom slowly broadens down 
 From precedent to precedent." 
 
 TENNTSON. 
 
 FOURTH EDITION. 
 
 LONDON: 
 
 WILLIAM CLOWES AND SONS, LIMITED, 
 
 27. FLEET STREET. 
 1891.
 
 
 LONDON : 
 
 PRINIKD BY WILLIAM CLOWES AND SONS, LIMITED, 
 STAMFORD STBEEI AXI> CUAHINQ CROSS.
 
 TO THE MEMORY OF 
 
 pg (granbfatjjer, 
 WALTEE PEESTON CHASTEE, 
 
 ^nb mg ^ailier, 
 JOHN WEBBEE CHASTEE, 
 
 BOTH! OF TOTNES, 
 
 WHO, WITHOCT THE ADVANTAGES OP WEALTH OR STATION, 
 DEVOTED MUCH OF THEIR LIVES TO THE CAUSE OP 
 
 GOVEENMENT 
 
 OF THE PEOPLE, BY THE PEOPLE, FOR THE PEOPLE,' 
 THIS HUMBLE ENDEAVOUR 
 
 TO REDUCE TO A PRACTICAL FORK 
 THE TEACHINGS WHICH THE! INCULCATED, 
 
 IS AFFECTIONATELY INSCRIBED BY 
 THE AUTHOR.
 
 PREFACE 
 
 TO THE 
 
 FOUJRTH EDITION. 
 
 THIS edition constitutes practically a new work. The matter 
 which before was limited to a digest of the powers inherent in 
 officers, has now been scientifically arranged and extended so as 
 to include those exercised under warrants and orders whether 
 of Superior Courts or of Courts or officers having lesser 
 jurisdiction. 
 
 The aim has been to state every power and its qualification, 
 if any, as concisely as possible consistent with accuracy and 
 intelligibility, so that the work may still retain the limits of a 
 handbook, instead of extending, as it otherwise would, to those 
 of an encyclopaedia. How nearly and with what degree of 
 success that aim has been attained must be left to others more 
 learned than the author to determine. 
 
 It should be mentioned that the powers are those only which 
 are exercised under the ordinary law. Where the Habeas 
 Corpus Act is suspended and Bills of Indemnity are subse- 
 quently passed, the condition is not easily distinguishable from 
 that of civil war. Inter arma leges silent. 
 
 The collection of Forms in the Appendix is not intended to 
 be complete. It is rather a selection of general Forms made for 
 the better comprehension of the relative positions from a legal 
 point of view, of those warrants and orders which are discussed 
 in the first part of the work. 
 
 The author has to render his best acknowledgments to his 
 brother Mr. J. N. Chaster, of the Middle Temple, for kindly 
 preparing the lists of statutes and cases, the Appendix and Index 
 with which the work, which now contains over 3000 references, 
 is supplied. 
 
 8, NEW COURT, 
 LINCOLN'S INN, 
 October, 1891.
 
 PREFACE 
 
 TO THE 
 
 FIEST EDITION. 
 
 THE accurate exercise and performance of their powers and 
 duties, respectively, by executive officers, is of the essence of 
 good government. 
 
 Partly on account of their system of payment (which is based 
 in some cases at least on results), and of a desire to distinguish 
 themselves and thus earn promotion, and partly on account of 
 that imperfection which is inherent both in mankind and in all 
 human institutions, there is, perhaps, at times a tendency 
 among these officers, in their zeal for the service of the State, 
 on the one hand, to exceed the authority with which the law 
 has clothed them, and on the other to be forgetful of the 
 obligations which are due from them to the public. 
 
 It is for those who may be in some measure, more or less, 
 affected by such excess or breach of duty respectively, that the 
 following pages have been collated. 
 
 5, NEW COURT, 
 LINCOLN'S INN, 
 October, 1886.
 
 CONTENTS. 
 
 PART I. WARRANTS AND ORDERS. 
 
 I. WARRANTS AND ORDERS OF SUPERIOR COURTS 
 AT COMMON LAW. 
 
 Sergeant-at-Arms (Lords) 
 Sergeant-at-Arms (Commons) 
 Sheriff 
 
 1. THE KING A PARTY. 
 
 PAGE 
 
 Tipstaff . 
 Gaoler 
 
 PAGE 
 
 12 
 
 12 
 
 Sheriff 
 
 2. THE KING NOT A PARTY. 
 
 17 | Admiralty Marshal . 
 
 29 
 
 II. WARRANTS AND ORDERS OF SUPERIOR COURTS 
 
 NOT AT COMMON LAW, OF INFERIOR COURTS 
 
 AND OFFICERS GENERALLY. 
 
 A. AFTER ADJUDICATION. 
 
 Sheriff . 
 Tipstaff . 
 High Bailiff 
 Coustables 
 
 1. THE KING A PARTY. 
 
 35 
 35 
 36 
 36 
 
 Excise 
 Taxes 
 Gaolers 
 
 38 
 39 
 40 
 
 High Bailiff 
 Constables 
 Gaolers . 
 
 2. THE KING NOT A PARTY. 
 
 40 
 43 
 43 
 
 Overseers 
 Highway Surveyors 
 
 43 
 45 
 
 B. WHERE XO ADJUDICATION. 
 1. THE KING A PARTY. 
 
 Queen's Messengers ... 
 
 Post Officers .... 
 
 Minister, Churchwardens, and 
 
 Overseers .... 
 
 46 
 46 
 
 46 
 47 
 
 Customs . 
 
 Excise 
 
 Explosives Inspectors 
 
 Wreck Receiver 
 
 Nuisance Inspector . 
 
 55 
 56 
 57 
 
 58 
 58
 
 CONTENTS. 
 
 2. THE KING NOT A PARTY. 
 
 Constables '. 
 Weights Inspectors 
 Water Bailiffs . 
 
 Local Acts 
 Bye-laws 
 Adulteration . 
 Canal Boats 
 Contagious Diseases 
 
 58 
 60 
 60 
 
 Overseers. Relieving and Asylum 
 Officers .... 
 District Surveyors . 
 Local Officers .... 
 
 C. OTHEE OEDEES. 
 
 62 
 62 
 65 
 66 
 66 
 
 Explosives 
 Highways 
 Public Health . 
 Weights and Measures 
 
 61 
 61 
 61 
 
 67 
 67 
 67 
 74 
 
 PAET EL INHERENT POWERS. 
 
 Officers attending Courts 
 
 Sheriff . 
 
 Constables 
 
 Gaolers 
 
 Customs 
 
 Excise 
 
 Taxes 
 
 Post 
 
 Contagious Diseases Inspectors 
 
 Burial-Grounds Inspectors 
 
 Inebriates Inspectors 
 
 Cruelty to Animals Inspectors 
 
 Explosives Inspectors 
 
 75 
 76 
 76 
 111 
 113 
 117 
 120 
 121 
 122 
 122 
 122 
 122 
 122 
 
 Factory Inspectors . 
 
 Mines Inspectors 
 
 Merchant Shipping Inspectors 
 
 Eailway Inspectors . 
 
 Water Bailiffs . 
 
 Alkali Works Inspectors . 
 
 Minister .... 
 
 Churchwardens 
 
 Overseers, Believing and Work 
 
 house Officers 
 Highway Surveyors . 
 District Surveyors (Metrop.) 
 Weights and Measures Inspectors 
 
 123 
 123 
 124 
 127 
 127 
 128 
 130 
 131 
 
 132 
 133 
 135 
 136 
 
 PAKT III. LIABILITIES. 
 
 I. UNDER WARRANTS AND ORDERS OP SUPERIOR COURTS 
 AT COMMON LAW . . . .137 
 
 II. UNDER WARRANTS AND ORDERS OF SUPERIOR COURTS 
 NOT AT COMMON LAW, OF INFERIOR COURTS AND 
 
 OFFICERS GENERALLY . . .144 
 
 A. AFTEE ADJUDICATION ... 144 
 B. WHEEE NO ADJUDICATION . . 147 
 C. OTHEE OEDEES 148 
 
 III. UNDER INHERENT POWERS . . 150 
 REMEDIES . 153 
 
 PROTECTION 
 
 153
 
 CONTENTS. 
 
 XI 
 
 1. BREACH OF DUTY. 
 
 Civil Proceedings 
 Action for Damages 
 
 Civil Proceedings 
 
 Assault and Battery 
 
 Extortion 
 
 False Imprisonment . 
 
 Malicious Prosecution 
 
 Public Nuisance 
 
 Slander . 
 
 Trespass to Personalty 
 
 Trespass to Realty . 
 
 . 164 
 
 Criminal Proceedings . . 169 
 
 . 164 
 
 Attachment . . . .169 
 
 
 Information .... 169 
 
 
 Mandamus .... 170 
 
 J. EXCESS OF POWER. 
 
 SELF DEFENCE 171 
 
 Fabrication of Evidence .... 171 
 
 
 172 
 
 Criminal Proceedings 
 
 
 201 
 
 
 172 
 
 Attachment 
 
 
 201 
 
 
 175 
 
 Information 
 
 
 202 
 
 
 181 
 
 Assault and Battery 
 
 
 203 
 
 
 185 
 
 Common Nuisance . 
 
 
 204 
 
 
 188 
 
 Conspiracy 
 
 
 204 
 
 
 188 
 
 Extortion 
 
 
 206 
 
 
 192 
 
 False Imprisonment . 
 
 
 207 
 
 
 197 
 
 Inciting to commit Offence 
 
 
 207 
 
 
 Perjury . 
 
 
 208 
 
 
 Trespass to Realty . 
 
 
 209 
 
 APPENDIX. 
 
 I. WARRANTS AND ORDERS OF SUPERIOR COURTS AT 
 
 COMMON LAW . . . .211 
 
 II. WARRANTS AND ORDERS OF SUPERIOR COURTS NOT AT 
 
 COMMON LAW, OF INFERIOR COURTS AND OFFICERS 
 
 GENERALLY. 
 
 A. AFTER ADJUDICATION . 
 B. WHERE NO ADJUDICATION 
 
 INDEX 
 
 222 
 239 
 
 247
 
 STATUTES. 
 
 3 Edw. 1, c. 9 . . 
 
 PAGE 
 
 . . . 205 
 
 37 Geo. 3, c, 70, s. 1 . 
 c. 123 o 1 
 
 PAGE 
 
 . . 50, 89 
 89 
 
 25 Edw. 3, st. 5, c. 2 . 
 5 Kic. 2, c. 8 . 
 
 . . 51, 91 
 
 . . . 49 
 
 39 Geo. 3, c. 79, s. 3 . 
 39 & 40 Geo. 3, c. 94 . 
 41 Geo. 3, c. 23, s. 1 . 
 
 o 
 
 . . . 49 
 ... 47 
 . . . 44 
 . . . 44 
 50 
 
 15 Ric. 2, c. 2 . . . 
 
 . . . 49 
 
 8 Hen. 6, c. 9 . 
 
 . . . 49 
 
 25 Hon. 8, c. 21, s. 20. 
 27 Hen. 8, c. 24, s. 8 . 
 
 ... 46 
 . . . 143 
 
 42 Geo. 3, c. 119 s. 1 
 
 5 Ed 6 c 16 . 
 
 . . . 50 
 
 B. 6 
 
 94 
 
 5 Eliz c 9 s 3 
 
 50 
 
 D 8 
 
 . . 161, 162 
 97 
 
 c. 23, s 2 . 
 
 10 
 
 43 Geo. 3 c. 61 
 
 18 Eliz. c. 5, s. 4 . 
 
 . . . 49 
 
 49 Geo. 3, c. 126, s. 3 
 51 Geo. 3, c. 155, s. 13 
 52 Geo. 3, c. 104, s. 1 
 
 . . . 51 
 
 . . . 48 
 . . 89 
 
 29 Eliz. c. 4 . . . 
 43 Eliz. c. 2 . . . 
 
 . 19, 28, 175 
 . . . 159 
 
 7 Jac. 1, c. 5 . . . 
 21 Jac. 1, c. 4, s. 4 . 
 
 n 1 Q o fl 
 
 159, 161, 162 
 . , 161, 167 
 160, 161, 162, 
 192, 197, 200 
 49 
 
 53 Geo. 3, c. 127, s. 1 . 
 
 . . . 10 
 
 54 Geo. 3, c. 170, s. 12 
 56 Geo. 3, c. 50, s. 1 . 
 o 3 
 
 . . . 44 
 . . 11, 23 
 
 28 
 
 c 15 
 
 o 8 
 
 23 
 
 c 16 s 3 
 
 175, 185, 188 
 . . . 101 
 
 o 9 
 
 167 
 
 13 Car. 2, c. 5 . . . 
 
 , c 138, s. 2 
 
 49 
 
 29 Car. 2, c. 3, s. 10 . 
 c 7 D 6 
 
 . . . 18 
 . . 16, 77 
 . . . 14 
 ... 48 
 ... 80 
 50 
 
 57 Geo. 3, c. 19, s. 23. 
 
 . . . 101 
 
 3 5 
 
 49 
 
 31 Car. 2, c. 2, s. 5 . 
 1 W. & M. c. 18, s. 15 
 a 18 
 
 T 3 
 
 157, 159, 161, 
 162 
 . 39, 44, 180 
 203 
 
 , c. 93, s. 1 . 
 
 .. s . 6 
 
 10 Will 3 c 23 s 1 . 
 
 7 Anne, c. 12, s. 4. 
 
 . . . 7 
 
 58 Geo. 3, c. 70, s. 7 . 
 59 Geo. 3, c. 12, s. 7 . 
 60 Geo. 3, c. 1, s. 1 . 
 
 
 
 . . . 49 
 . . . 43 
 . . . 48 
 . . . 79 
 159, 161, 162 
 . . . 90 
 . . 96, 97 
 . . 97, 98 
 . . . 109 
 . . . 52 
 . . 157,161 
 . . . 89 
 . . 90, 117 
 . . . 114 
 . . . 114 
 . . . 97 
 158, 161, 162 
 . . 39, 180 
 51, 117, 118 
 . . . 11 
 . . . 120 
 . . . 119 
 56 
 
 8 Anne, c. 14, s. 1 . 
 
 . . 11, 25 
 
 9 Anne, c. 10, s. 40 . 
 1 Geo. 1, st. 2, c. 5, s. 1 
 2 Geo. 2, c. 25, s. 2 . 
 9 Geo. 2, c. 5, s. 4 
 16 Geo. 2, c. 31 . . 
 
 . . 46, 202 
 ... 90 
 ... 209 
 ... 51 
 . . . 90 
 
 D 5 157 
 
 1 & 2 Geo. 4, c. 88, s. 1 
 5 Geo. 4, c. 83, s. 3 
 
 .1 
 
 17 Geo. 2, c. 38, s. 7 . 
 
 n P 
 
 ... 44 
 . . 145,161 
 . . 159,161 
 . . . 100 
 . . 161, 162 
 . . 146, 162 
 . . . 50 
 
 a Q 
 
 3 10 
 
 n 10 
 
 19 Geo. 2, c. 21, s. 3 . 
 s 11 
 
 1 10 
 
 c S| 3 oo 
 
 24 Geo. 2, c. 44, s. 6 . 
 25 Geo. 2, c. 36 s. 1 . 
 
 C 113 
 
 6 Geo. 4, c. 78, s. 14 . 
 
 15 
 
 e 5 
 
 49 
 
 " 6 
 
 ... 49 
 49 
 
 3 19 
 
 s 7 
 
 3 37 
 
 " S 
 
 49 
 
 7 & 8 Geo. 4, c. 17 . 
 
 CO OO 
 
 26 Geo. 3, c. 71 s. 7 . 
 33 Geo 3 c 55 s S 
 
 . . . 71 
 39 
 
 o 8 
 
 c 67 o 1 
 
 51 
 
 B 32 
 
 8 3 
 
 ... 51 
 44 
 
 i 3^ 
 
 35 Geo. 3. c. 101 . 
 
 s. 34
 
 XIV 
 
 STATUTES. 
 
 7 & 8 Geo. 4, c. 53 s. 38 . 
 T 'in 
 
 PAGE 
 
 116, 120 
 . 120 
 . 49 
 . 38 
 . 38 
 . 38 
 . 38 
 38, 56 
 . 38 
 . 108 
 . 161 
 . 52 
 . 52 
 . 50 
 . 50 
 50,98 
 . 50 
 . 54 
 . 101 
 . 110 
 157, 158, 
 161, 163 
 . 109 
 . 48 
 . 90 
 . 122 
 . 122 
 . 209 
 . 209 
 43, 104 
 . 99 
 . 120 
 . 133 
 . 133 
 . 133 
 . 133 
 . 133 
 . 45 
 . 133 
 . 134 
 . 45 
 . 45 
 170, 202 
 170, 202 
 170, 203 
 . 45 
 . 134 
 . 134 
 134, 170 
 . 133 
 . 135 
 . 135 
 . 134 
 . 45 
 . 170 
 157, 158, 
 162, 163 
 . 50 
 . 49 
 . 115 
 59 
 
 1 Viet. c. 24 . . . 
 
 C 9fl H 1 
 
 PAGE 
 
 ... 51 
 
 . . 121, 202 
 ... 51 
 51 
 
 fl fi*! 
 
 n 9*5 
 
 o 86 
 
 D 36 
 
 n R7 
 
 n AR 1f 
 
 7, 158, 160, 163 
 173 
 
 D S3 
 
 c 55 D 3 
 
 3 89 
 
 c 88 
 
 51 90 
 
 3 90 
 
 1 & 2 Viet. c. 74, 8. 1 . 
 a 5 
 
 ... 43 
 ... 147 
 ... 18 
 ... 21 
 ... 103 
 ... 103 
 . . . 103 
 ... 103 
 ... 103 
 ... 103 
 ... 103 
 ... 107 
 102, 107, 109 
 ... 101 
 ... 110 
 ... 60 
 . . 54, 60 
 ... 54 
 . . 100, 101, 
 102, 208 
 . . 101, 103 
 ... 103 
 ... 110 
 ... 101 
 ... 103 
 . . 103, 109 
 ... 109 
 ... 109 
 ... 103 
 ... 110 
 ... 110 
 ... 48 
 ... 48 
 ... 48 
 ... 48 
 ... 48 
 ... 48 
 ... 48 
 . . 145, 147 
 ... 48 
 48 
 
 m 
 
 
 - 8. 108 . 
 8 118 
 
 c 110 D 11 
 
 
 s 1 
 
 * r fi 
 
 I s. 12 . . 
 s. 13 . . 
 
 1 . . . 
 
 2 . . . 
 
 9 . . . 
 28 . . . 
 1 . . . 
 7 . . . 
 9 . . . 
 41 . . 
 IGO, 
 2, s. 60 
 1, s. 11 . 
 3, s. 49 . 
 '5, s. 6 . . 
 
 R 17 
 
 2 & 3 Viet. c. 47, s. 26 
 
 n 7 
 
 
 9 Geo. 4, c. 69, s. 
 
 o 00 
 
 3 9 
 
 
 D 30 
 
 10 Geo. 4, c. 7, s. 
 
 a 31 
 
 T ^ 
 
 
 c, QQ 
 
 , 
 
 o 31 
 
 , B. 
 
 n S9 
 
 , 0. 
 
 1 & 2 Will. 4, c. 2 
 
 o 39 
 
 a 46 
 
 n 47 
 
 c - 
 
 2 & 3 WilL 4, c. 5 
 
 r i- 
 
 D 13 
 
 o KA 
 
 , C. 1 
 
 D 53 
 
 3 & 4 Will. 4, c. 4 
 
 p q 
 
 9 . . . 
 2 . . . 
 
 0, s. 41 . 
 
 - H ^ 
 
 s 60 
 
 c 9 
 
 S 61 
 
 
 ft fi 
 
 4 & 5 Will. 4, c. 5 
 5 & 6 Will. 4, c. 5( 
 
 L, s. 25 . . 
 
 ), 8. 14 . . 
 
 s. 16 . . 
 
 s. 22 . . 
 s. 25 . . 
 s. 26 . . 
 s. 34 . . 
 s. 35 . . 
 s. 47 . . 
 s. 51 . . 
 s. 54 . . 
 s. 55 134, 
 s. 56 134, 
 s. 57 134, 
 s. 65 . . 
 s. 67 . . 
 s. 69 . . 
 s. 72 . . 
 s. 73 . . 
 s. 75 . . 
 s. 78 . . 
 8. 79 . . 
 s. 85 . . 
 s. 94 . . 
 s. 109 
 9, 160, 161, 
 2, s. 13 . 
 
 8. 21 . . 
 
 , 8. 2 . . 
 
 r 11 
 
 s 63 
 
 n ft 
 
 n fi7 
 
 
 68 
 
 
 s 69 
 
 
 o 70 
 
 
 , D 70 
 
 
 r 71 n 10 
 
 
 n 
 
 
 S 1 
 
 
 00 
 
 
 c 3 
 
 
 3 1 
 
 
 D 5 
 
 
 3 51 
 
 
 _. , r 03 
 
 
 a 8 
 
 
 3 & 4 Viet. c. 18, s. 3 . 
 
 B 5 
 
 ... 118 
 ... 120 
 . . . 100 
 100 
 
 
 
 r* *lfl T R 
 
 
 a 7 
 
 
 3 8 
 
 . . . 100 
 . . 106, 109 
 . . . 100 
 . . 100, 109 
 . . . 100 
 . . 157, 158, 
 160, 161, 163 
 . . . 51 
 121 
 
 
 3 9 
 
 
 c, in 
 
 
 S 11 
 
 15 
 
 r e\ 
 
 3 1 
 
 r. 1C 
 
 
 n 7O a A 
 
 G&7 Will. 4, c. 1] 
 
 n 3' 
 
 n C\R a C.S.
 
 STATUTES. 
 
 XV 
 
 3 & 4 Viet. c. 97, s. 13 . 
 5 & 6 Viet. c. 45, s. 12 . 
 c K-I a o 
 
 PAGE 
 
 . . 51 
 . . 49 
 51 
 
 10 & 11 Viet. c. 89, s. 15 . . 
 
 PACK 
 
 . 105 
 . 109 
 . 106 
 104, 105 
 . 105 
 . 105 
 . 105 
 . 105 
 . 105 
 60, 106 
 . 105 
 . ,.159 
 . 132 
 .51,91 
 . 51 
 . 51 
 . 51 
 . 51 
 . 51 
 . 51 
 . 51 
 37,48 
 . 48 
 . 48 
 . 7,48 
 . 48 
 . 48 
 . 48 
 . 48 
 . 48 
 . 48 
 . 48 
 . 48 
 . 48 
 . 202 
 59, 202 
 . 48 
 . 48 
 . 48 
 48,58 
 48, 147 
 . 48 
 . 77 
 . 59 
 37,48 
 . 54 
 . 39 
 . 81 
 81 
 . 82 
 82 
 . 82 
 . 82 
 . 82 
 81 
 . 108 
 157, 159, 
 162, 163 
 81 
 10 
 48 
 
 B 6 
 
 
 93, s. 13 . 
 07 s 2 
 
 . 120 
 
 163 
 
 o 8 
 
 , c 
 
 a 9 
 
 
 . 161,162 
 . . 158 
 . . 49 
 
 . . 59 
 . . 49 
 . . 202 
 191 
 
 o 30 
 
 
 -, 8. 3 . 
 a K 
 
 
 6 & 7 Viet, c 
 
 18, S. 81 . 
 a Sfi 
 
 1 ' ' OA ' 
 
 , 8. Of . 
 
 o 35 
 
 
 R 80 
 
 c 89 o 36 
 
 
 73, s. 2 . . 
 
 Oft H 1 
 
 D 61 
 
 - , c. 
 
 B 7 
 
 ' 
 
 
 . . 50 
 . . 50 
 . . 50 
 . . 106 
 . . 26 
 . . 97 
 . . 50 
 . . 105 
 . . 43 
 . . 55 
 . . 55 
 54 
 
 - C 110 3 10 
 
 
 , 8. 3 . 
 
 a 4 
 
 11 & 12 Viet. c. 12, s. 3 . . 
 
 1 
 
 
 a * 
 
 7 & 8 Viet, c 
 
 87, s. 4 . . 
 96, 8. 67 . 
 100, s. 6 . 
 101, s. 8 . 
 
 a *i 
 
 n fi 
 
 , c. 
 
 n 7 
 
 , c. 
 
 
 , c. 
 
 a f> 
 
 
 a fil 
 
 a III 
 
 8 & 9 Viet. c. 
 
 109, s. 2 . . 
 
 a *5 
 
 r Af) a 1 
 
 
 
 
 , B. 
 .... n 9 
 
 
 - s 7 
 
 54 
 
 D 1 
 
 
 8 
 
 55 
 
 a 5 
 
 
 - a 14 
 
 . . 106 
 . . 50 
 . . 145 
 57, 158, 160 
 . . 23 
 71 
 
 a 
 
 
 3 19 
 
 B 10 
 
 
 8 1 
 
 nil 
 
 
 _ a 9Q 1 
 
 n 1 
 
 
 127, s. 8 . 
 B 74 
 
 n 13 
 
 9 & 10 Viet. 
 10 & 11 Viet. 
 
 S 11 
 
 c. 14 s. 15 . 
 
 B 
 
 . . 71 
 . . 71 
 . . 71 
 . . 71 
 . . 71 
 . . 64 
 . . 125 
 . . 125 
 . . 125 
 . . 126 
 . . 126 
 . . 126 
 . . 126 
 . . 126 
 . . 126 
 . . 116 
 . . 126 
 . . 126 
 . . 126 
 . . 126 
 . . 127 
 . . 127 
 . . 159 
 . . 69 
 . . 69 
 . . 71 
 . . 159 
 . . 71 
 121 
 
 
 T Ifi 
 
 
 
 a 17 
 
 
 n -11 
 
 n 10 
 
 
 <a 1*54 
 
 a 1 
 
 
 C. 27 8.33 . 
 a 34 
 
 
 ' 
 
 ' "' ~ ' 
 
 
 
 r- <n n 9 
 
 
 ' 97 ' 
 
 i *" i B. . 
 
 
 - a 30 
 
 n 7 
 
 
 n 40 
 
 -, 8. / . 
 nil 
 
 
 s 41 
 
 n 1 
 
 
 D 11 
 
 B 10 
 
 
 a 4*5 
 
 
 
 16 
 
 D 36 
 
 
 a 48 
 
 12 & 13 Viet. c. 92, s. 3 . . 
 
 
 
 
 S 53 
 
 , D. 5 . 
 
 n 7 
 
 
 _ a K.Q 
 
 , S. / 
 
 n fi 
 
 
 o 65 
 
 n 
 
 
 - H 72 
 
 n 10 
 
 
 o 79 
 
 a 1 
 
 
 B 91 
 
 n iq 
 
 
 c. 34 s. 78 . 
 
 o 108 
 
 n 10 
 
 ' 
 
 B 7 
 
 
 l'"51 
 
 160, 161, 
 
 n 
 
 
 R 910 
 
 
 c. 61 . . 
 
 n. 85. s 1 
 
 c 109 s ^6 
 
 5 
 
 13 & 14 Vint, n 101 HO
 
 XVI 
 
 STATUTES. 
 
 14 & 15 Viet. c. 19, s. 11 . 
 
 . , s. 12 . 
 
 , c. 25, s. 2 . 
 
 . , c. 28, s. 12 
 
 , c. 100, s. 29 
 
 -, c. 102, s. 55 
 
 15 & 16 Viet. c. 56, s. 15 
 
 - , c. 76, s. 123 
 
 - , c. 81, s. 27 . 
 
 16 & 17 Viet. c. 30, s. 3 . 
 
 , c. 96, s. 73 . 
 ,8.74 . 
 , s. 93 . 
 , s. 122. 
 -, s. 123. 
 
 -, c. 119, s. 11 
 
 , s. 12 . 
 
 , s. 16 . 
 
 -, 8. 17 . 
 
 17 & 18 Viet. c. 38, s. 13 . 
 
 . , c. 60, s. 3 . 
 
 , c. 102, s. 2 . 
 
 , B. 3 . 
 
 . , c. 104, s. 13 
 
 , 8. 15 . 
 
 . , s. 102. 
 
 . , s. 103. 
 
 -, s. 105. 
 -, s. 246. 
 -,s.300. 
 -,8.306. 
 -,s.366. 
 -, s. 441 . 
 -, s. 442 . 
 -,8.444. 
 -,8.445. 
 -,8.446. 
 -, s. 451 . 
 -,8.468. 
 - s.469. 
 
 18 & 19 Viet. c. 15, s. 11 
 
 , c. 120 s. 82 
 
 s.205 
 s.206 
 
 s. 208 
 s. 224 
 s.229 
 
 -, c. 122 
 
 s.42. 
 s.43. 
 s.50. 
 s.69. 
 s.80. 
 s. 105 
 s. 108 
 
 , c. 128, s. 8 
 
 19 & 20 Viet. c. 41, s. 6 
 
 PAGE 
 
 . 96 
 48 
 . 26 
 . 74 
 51,98 
 . 50 
 50 
 . 20 
 . 43 
 . 40 
 14,40 
 . 50 
 . 50 
 . 50 
 . 50 
 . 50 
 . 50 
 . 54 
 . 159 
 . 157 
 . 159 
 . 81 
 . 49 
 . . 49 
 . 124, 125 
 . 124 
 . . 116 
 114, 116 
 . 154, 162, 
 163 
 . . 113 
 . . 99 
 . 114, 116 
 . . 124 
 . . 50 
 . . 124 
 . . 124 
 . 125, 154 
 . . 125 
 . . 125 
 . . 58 
 . . 125 
 . 41, 125 
 . 11, 18 
 . . 74 
 . . 103 
 . . 101 
 . . 103 
 . . 159 
 . . 103 
 . . 135 
 . . 135 
 . . 136 
 . . 136 
 . . 61 
 . . 60 
 . 136, 157 
 . 158, 160, 
 161, 162 
 . . 122 
 *n 
 
 19 & 20 Viet. c. 69, 
 
 E 
 
 3.6 . 
 
 .31 . 
 
 s. 12 
 
 8. 18. 
 
 s.23. 
 s.25. 
 s. 1 . 
 s.50. 
 
 8.31. 
 
 s. 38. 
 ?, s. 23 
 
 PAGE 
 
 . 104, 110 
 . . 104 
 . . 51 
 . . 51 
 . . 46 
 . . 47 
 . . 52 
 . . 50 
 . . 50 
 . . 50 
 . . 50 
 . . 47 
 
 c 119 
 
 
 20 & 21 Viet. c. 81, 
 
 c 83 
 
 c 85 
 
 21 & 22 Viet. c. 78, 
 c 90 
 
 c 101 
 
 22 Viet c 1 s 1 
 
 22 & 23 Viet. c. 21, 
 c 35 
 
 8.36 
 s. 24 
 s. 24. 
 
 8.2 . 
 8.3 . 
 
 s. 2 . 
 s. 12. 
 s. 13. 
 1, s. 48 
 5 . 
 J . . 
 
 8.5. 
 8. 1 . 
 8.3 . 
 8.8 . 
 
 s. 1 . 
 
 8.4 . 
 
 8.7 . 
 8.8 . 
 
 s. 10. 
 s. 11. 
 s. 12. 
 
 8.13. 
 8. 14. 
 
 s. 15. 
 s. 16. 
 s. 17. 
 s. 18. 
 s. 19. 
 s.20. 
 
 8.21. 
 
 s. 22. 
 B. 24. 
 s.26. 
 s.27. 
 s.28. 
 s.29. 
 8.30. 
 
 8. 31. 
 
 8.32. 
 s. 33. 
 s. 34. 
 s.35. 
 s. 36. 
 s.37. 
 s.38. 
 s.40. 
 
 8.41. 
 
 . . 35 
 . . 51 
 . 118, 119 
 . . 132 
 . 80, 131 
 . . 47 
 . . 50 
 . . 50 
 . . 56 
 . . 106 
 . 49 
 . . 49 
 . . 82 
 . . 82 
 . . 48 
 . 49, 50, 
 51, 94, 206 
 . . 95 
 . . 94 
 . . 94 
 . . 88 
 . . 88 
 49, 86, 88 
 49, 86, 88 
 . .49, 95 
 . .49, 95 
 . . 49 
 9 6 
 . . 44 
 . . 95 
 . . 94 
 . . 95 
 . . 95 
 . . 95 
 88, 95 
 . . 88 
 . . 88 
 . . 88 
 . . 88 
 . . 88 
 . 88, 91 
 . 91, 95 
 . . 95 
 . . 95 
 . . 95 
 . . 95 
 . . 88 
 . . 90 
 . 90 
 
 23 & 24 Viet. c. 27, 
 c 32 
 
 
 c 75 
 
 
 
 c 11 
 
 c 13 
 
 o 13 
 
 24 & 25 Viet. c. 53 
 c 94 
 
 
 
 c 96 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

 
 STATUTES. 
 
 XVll 
 
 24 & 25 Viet c. 96, s. 42. 
 
 PAGE 
 
 84, 90 
 . . 90 
 . . 49 
 49, 85, 91 
 . 49, 91 
 . 49, 91 
 48, 90, 91 
 48, 84, 85 
 . . 48 
 . . 87 
 . 50, 87 
 . . 88 
 . . 88 
 . . 88 
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 49, 86, 89 
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 . . 49 
 . 49, 95 
 . 49, 95 
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 . . 95 
 . . 95 
 . . 95 
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 . . 90 
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 . . 90 
 . . 52 
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 30, 161. 163 
 48, 51, 83 
 . 48, 83 
 . 48, 83 
 . 48, 83 
 . 48, 83 
 . 48, 83 
 . 48, 83 
 . 48, 84 
 . 84, 86 
 . . 86 
 . . 96 
 . . 96 
 . . 87 
 . . 89 
 . . 84 
 . . 84 
 84 
 
 24 & 25 Viet. c. 97, s. 19 
 
 n 00 
 
 PA.GB 
 . . 50, 87 
 
 ... 96 
 96 
 
 s 46 
 
 
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 . . 50, 96 
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 . . . 96 
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 . . 48, 96 
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 . . . 91 
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 xviii 
 
 STA TUTES. 
 
 24 & 25 Viet. c. 99 B. 16 . . 
 
 R 17 
 
 PAGE 
 
 92 
 . 92 
 . 86 
 86 
 . 92 
 86 
 . 91 
 . 91 
 . 85 
 . 85 
 . 107 
 161, 163 
 50 
 59,90 
 . 89 
 . 89 
 . 89 
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 85 
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 . 87 
 . 87 
 . 87 
 7 
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 173, 204 
 90 
 . 82 
 48,83 
 . 48 
 48, 83 
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 51,91 
 . 82 
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 . 127 
 127, 128 
 . 127 
 . 127 
 . 127 
 . 127 
 . 127 
 . 127 
 . 127 
 . 127 
 . 127 
 60 
 59 
 . 127 
 91, 119 
 51 
 . 124 
 . 51 
 25 
 
 25 & 26 Viet. c. 89, s. 163 . 
 
 " 166 
 
 PAGE 
 
 . 25 
 . 51 
 
 . 73 
 50 
 107, 108 
 . 98 
 . 115 
 49 
 
 8 IS 
 
 c 10 3 75 
 
 ft 1 ' 
 
 c 103 o 10 
 
 B "0 
 
 c 114 s 
 
 E 1 
 
 26 Viet. c. 13, s. 5 . . . 
 26 & 27 Viet. c. 10, s. 3 . . 
 c 29 s 1 
 
 S 
 
 B 3 
 
 B ''4 
 
 n 
 
 . 49 
 . 49 
 49 
 
 s 5 
 
 3 
 
 s 7 
 
 3 4 
 
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 51 
 
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 27 & 28 Viet. c. 27, s. 12 . . 
 c 47 s 6 
 
 11 
 
 o 10 
 
 r 113 B fifi 
 
 . 128 
 . 103 
 . 102 
 . 49 
 59 
 . 101 
 101,110 
 . 74 
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 . 60 
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 . 127 
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 48,50 
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 . 50 
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 . Ill 
 . 49. 
 . 13 
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 161-163 
 158, 160 
 . Ill 
 . Ill 
 . 13 
 r. 6 
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 r. 7 1 11 
 r. 8 111 
 r. 10 
 13 111 
 r. 16 111 
 r. 19 111 
 r. 23 111 
 r. 24 14 
 r. 26 111 
 r. 28 111 
 r. 29 112 
 r. 32 112 
 r. 34 112 
 r. 38 112 
 r. 39 112 
 r. 41 112 
 r. 46 112 
 
 T 4.7 119! 
 
 3 13 
 
 B 71 
 
 s 14 
 
 28 & 29 Viet. c. 34, s. 7 . . 
 c 36 3 11 
 
 fl 1 T 
 
 a 1ft 
 
 If" 
 
 3 17 
 
 c 48 a 18 
 
 s 18 
 
 c 90 s 1 71 
 
 n 1 
 
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 3 58 
 
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 n 37 
 
 
 .44 
 
 f I'M n ft 
 
 D 15 
 
 n fi 
 
 B 48 
 
 f 1 Oft a 1 
 
 s 53 
 
 n 17 
 
 n 14 
 
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 e 55 
 
 i 37 
 
 B 56 
 
 n .11 
 
 B 57 
 
 n -13 
 
 s 58 
 
 n rIO 
 
 a 59 
 
 KA 
 
 o 61 
 
 1 f?'-? 
 
 o 66 
 
 T fi.7 
 
 s 67 
 
 ti R 
 
 24 & 25 Viet. c. 109, s. 9 . . 
 c 10 
 
 
 
 11 
 
 3 1 
 
 > 
 
 B 14 
 
 ' 
 
 B 15 
 
 ' 
 
 B 16 
 
 s 17 
 
 ' 
 
 8 18 
 
 ' 
 
 8 19 
 
 ' 
 
 8 
 
 ' 
 
 s 1 
 
 ' 
 
 3 34 
 
 
 
 c 110 s 7 
 
 ' 
 
 25 & 26 Viet. c. 19, s. 21 . . 
 
 C 3 31 
 
 1 
 
 ' 
 
 c 53 s 105 
 
 ' 
 
 c 6'-$ s 30 
 
 ' 
 
 c 67 a 41 
 
 ' 
 
 n. 89. s. 87 . 
 
 '
 
 STATUTES. 
 
 XIX 
 
 28 & 29 Viet. 
 
 c. 126,sched. 
 
 PAGE 
 
 },r. 53 112 
 i 54 112 
 
 33 & 34 V let. c. 90 s. 10 . 
 
 n 1 
 
 PAGE 
 
 . . 49 
 . . 49 
 . . 115 
 . , 56 
 . . 56 
 . . 154 
 . . 154 
 . . 48 
 . . 51 
 . . 10S 
 . . 43 
 . 127 
 
 
 
 r 5i IT* 
 
 n 1 
 
 
 
 r 59 111 
 
 n 3 
 
 
 
 r i 7 11 
 
 89 : > 
 
 
 
 r 97 11 l? 
 
 n R 
 
 29 & 30 Viet. c. 37 . . 
 -m 
 
 . . 50 
 . . 52 
 . . 11 
 
 . 49, 86 
 . . 40 
 
 . . no 
 
 . - 50 
 . 51, 94 
 . . 59 
 . . 94 
 . . 40 
 . . 40 
 . . 40 
 . . 51 
 . . 118 
 . . 58 
 . . 25 
 . . 51 
 . . 51 
 . . 90 
 . . lo2 
 . 109, 110 
 . . 101 
 . . 105 
 . .110 
 . . 51 
 . . 51 
 . . 94 
 . . 51 
 . . 48 
 . 9, 35, H6 
 12 
 
 3 9 
 
 n 1AQ Q 
 
 
 c. 39, s. 42 
 c. 109, s. 9 . 
 c. 117, s. 15 
 s 21 
 
 34 & 3o Viet. c. 31, s. 18. 
 c 56 G 1 
 
 
 
 n 
 
 
 c 78 s 4 
 
 
 " 31 
 
 If) 
 
 . . 51 
 . . 50 
 . . 99 
 . . 67 
 . . 53 
 . . 132 
 . . 132 
 . . 81 
 . . 78 
 . . 53 
 . . 102 
 . . 102 
 . . 102 
 . . 59 
 . . 49 
 . . l'J4 
 . . 82 
 . . 99 
 . . 98 
 36, 97, 15 
 . . 47 
 . . 127 
 . . 127 
 . . 127 
 . 127, 128 
 . . 61 
 . . 128 
 51,90,117 
 . . 90 
 . . 99 
 . . 99 
 . . 106 
 . 52, 99 
 . . 92 
 . . 92 
 . . 93 
 . . 93 
 . . 93 
 . . 93 
 . . 93 
 . . 93 
 . . 93 
 . . 93 
 . . 93 
 . . 93 
 . . 93 
 . . 94 
 . 94, 12:5 
 94 
 
 
 c. 118, s. 14 
 s 19 
 
 n TO n 1 
 
 
 f Ofi i IS 
 
 
 s 33 
 
 c Iu5 11 
 
 
 a 4 -> 
 
 s 13 
 
 
 g 43 
 
 r- 109 H 7 
 
 30 & 31 Vii t. 
 
 c. 35, s. 1"' . 
 c. 84, s. 30 . 
 c. 90, s. 10 
 c. 105, s. 4 . 
 c. 127, s. 4 . 
 c 128, s. 5 
 c. 131, s. 19 
 a 35 
 
 Ft 8 
 
 c 11 s 7 
 
 
 a 1 
 
 
 3 16 
 
 
 35 & 36 Vk-t. c. 15, s. 5 . 
 
 a 7 
 
 
 
 B 10 
 
 
 c 33 3 9 
 
 
 c. 134, s. 12 
 
 3 18 
 
 c 60 s 3 
 
 
 
 
 s 3 
 
 c 94 s 1 
 
 
 3 5 
 
 3 18 
 
 31 & 32 Vi.-t. 
 
 c. 106, s. 2 . 
 c. 110, s. 20 
 c. 119, s. 5 . 
 c. 12, s. 10 . 
 c. 52, s. 13 . 
 c. 62, s. 4 . 
 s * 
 
 s "5 
 
 36 & 37 Viet. c. 38 . . 
 c 60 s 8 
 
 
 32 k 33 Viet. 
 
 c 71 3 17 
 
 8 19 
 
 
 s 
 
 
 s 36 
 
 
 8 6 
 
 3 37 
 
 
 s 7 
 
 . . 48 
 . . 48 
 . . 48 
 . . 48 
 . . 48 
 . 48, 84 
 . . 48 
 . . 48 
 . . 48 
 . . 48 
 . . Ill 
 . . Ill 
 . . 49 
 98, 110, 117, 
 119 
 . 106, 118 
 . . 90 
 . . 51 
 . . 49 
 . . 49 
 . . 49 
 . . 49 
 49 
 
 s 38 
 
 
 s 8 
 
 37 & 38 Viet. c. 36, s. 1 . 
 c 49 3 3 
 
 
 s 9 
 
 
 s 10 
 
 
 3 11 
 
 E 10 
 
 
 s 19 
 
 8 16 
 
 
 G 13 
 
 3 17 
 
 
 s 14 
 
 38 & 39 Viet. c. 17, s. 4 . 
 
 " 5 
 
 
 G 15 
 
 
 8 16 
 
 8 9 
 
 33 & 34 Viet. 
 
 c. 23, s. 9 . 
 
 3 IS 
 
 Q 10 
 
 
 
 c. 52, s. 8 . 
 c. 57, s. 9 . 
 
 3 10 
 
 S 
 
 
 o 3 
 
 
 B 30 
 
 3 31 
 
 
 
 8 3 
 
 
 r> fil a l-i 
 
 o H3 
 
 
 - c. 90, s. 4 . 
 n * 
 
 a 43 
 
 
 3 46 
 
 
 a R 
 
 Q 47 
 
 
 a 7 
 
 
 
 H 8 
 
 ., . s. 56 . 
 
 6 2
 
 XX 
 
 STATUTES. 
 
 38 & 39 Viet. c. 17, s. 58 . 
 
 PAGE 
 
 . 58, 124 
 . . 94 
 . . 94 
 . 67, 94 
 . 49, 52 
 53, 108, 154 
 53, 58 
 . 94, 123 
 . 82, 92 
 . . 92 
 . . 94 
 . . 94 
 . . 94 
 . . 121 
 . . 49 
 . . 91 
 . . 102 
 . . 94 
 . . 71 
 . . 68 
 . . 68 
 . . 68 
 . . 68 
 . . 69 
 . . 68 
 . . 68 
 . . 68 
 68, 69 
 . . 08 
 68, 69 
 . . 69 
 . . 69 
 . . 69 
 . . 70 
 . . 68 
 . . 69 
 . 69, 70 
 . . 58 
 . . 58 
 . . 69 
 . . 69 
 . . 70 
 . . 69 
 . . 52 
 . . 68 
 . . 68 
 . 58, 68 
 . . 70 
 . . 58 
 . . 67 
 . . 68 
 . . 68 
 . . 69 
 . . 69 
 . . b9 
 . . 104 
 . . 43 
 . . 68 
 . . 68 
 157 160 
 
 38 & 39 Viet. c. 55, s. 205 
 
 -, 308 
 
 PA OB 
 
 . . 154 
 
 . .' 49 
 . . 65 
 . . 65 
 . . 65 
 . . 65 
 . . 114 
 . . 110 
 . . 110 
 . . 49 
 . . 205 
 49,51, 113 
 . . 116 
 . 113, 116 
 . . 116 
 . . 113 
 . . 113 
 . 116 
 
 , a. 63 . 
 
 B 61 
 
 c 60 " 16 
 
 ftO 
 
 c 63 s 6 
 
 B 73 
 
 c 9 
 
 h 74 
 
 - 13 
 
 
 
 
 B 30 
 
 n 77 
 
 c 70 a 16 
 
 n 78 
 
 B 17 
 
 n SO 
 
 c 86 "s 5 
 
 s 81 
 
 a 7 
 
 3 8 
 
 39 & 40 Viet. c. 36 . . 
 
 " 10 
 
 r- 9 n 1 
 
 f "1 f! 1 
 
 a 47 
 
 n O^ o *i 
 
 
 
 s 5 
 
 , 8. 6 . 
 n 1 
 
 3 51 
 
 
 
 n 4 
 
 3 73 
 
 . . 116 
 . . 116 
 . . 115 
 . . 116 
 . . lltj 
 . . 115 
 . . 113 
 . . 113 
 . . 114 
 . . 113 
 . . 116 
 . 116, 154 
 . . 113 
 . . 113 
 . . 116 
 . . 106 
 .. . 90 
 . . 113 
 . . 113 
 . . 116 
 . . 114 
 . 114, 153 
 . . 56 
 . . 56 
 . . 108 
 55 
 . . 116 
 . . 40 
 . . 115 
 . 157, 161 
 . . 161 
 . 162, 163 
 . . 159 
 . 158, 160, 
 61, 162, 163 
 . . 202 
 . - 44 
 
 100 
 
 FI Ifi 
 
 o 7 i 
 
 n 10 
 
 
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 - 01 
 
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 t 01 
 
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 P ino 
 
 3 16 
 
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 8 6'* 
 
 B 179 
 
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 3 18 
 
 
 
 3 91 
 
 , s. 185. 
 n 100 
 
 3 91 
 
 n 10 
 
 o Q7 
 
 n 1O1 
 
 3 10 
 
 n 101 
 
 3 105 
 
 51 lOfi 
 
 a 106 
 
 n 10O 
 
 
 
 B 110 
 
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 3 116 
 
 
 8 117 
 
 
 8 119 
 
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 3 10 
 
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 3 11 
 
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 I 
 
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 3 158 
 
 3 171 
 
 c Gl y 31 
 
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 -in 
 
 . . 122 
 . . 50 
 
 . . 56 
 Ka 
 
 8 58 
 
 r ftf\ c ,1 
 
 B 2G4 
 
 
 
 16-2. \KA 
 
 . in
 
 STATUTES. 
 
 XXI 
 
 39 & 40 Viet. e. 80, s. 12 . 
 
 . 125 
 . . 125 
 . . 158 
 . 13, 170 
 . . 13 
 . . 66 
 . . 66 
 . . 66 
 . . 114 
 . . 106 
 . . 71 
 . 71, 9-f 
 . 51,123 
 . . 123 
 . . 123 
 . . 123 
 . . 123 
 . . 136 
 . . 60 
 60 
 
 43 & 44 Viet c 24 s. 42 . 
 
 s. 48 , 
 
 PAGE 
 
 . . 119 
 . . 57 
 . 118, 119 
 . 117-119 
 . . 120 
 . 118, 119 
 . 5ii, 119 
 . 118, 119 
 120 
 . . 120 
 . 118, 120 
 . . 120 
 . . 80 
 . . 114 
 . . 113 
 . 113, 116 
 . . 129 
 . . 129 
 . . 129 
 . 86, 89 
 . . 48 
 . . 54 
 . . 53 
 . . 49 
 . . 47 
 . . 49 
 . . 47 
 . . 133 
 . . 23 
 . . 39 
 . . 50 
 . . 59 
 . . 43 
 . . 104 
 .158, 159. 
 163 
 . . 110 
 . . 115 
 . . 35 
 25, 66 
 . . 8<J 
 86 
 . . 86 
 . . 86 
 123 
 . . 115 
 117 
 47 
 . 90 
 . 35 
 . . 35 
 . 44, 121 
 . 178 
 . 35 
 36 
 . 35 
 28 
 . 18 
 . . 48 
 . 71,123 
 . . 23, 26 
 
 40 & 41 \ ict. c. 13, s. 5 . 
 
 s 17 
 
 s 137 
 
 s 41 
 
 . B 138 
 
 
 
 
 s 140 
 
 
 8. 141 
 
 
 s. 143 
 
 41 & 42 Viet. c. 12, s. 4 . 
 
 B 144 
 
 s 145 
 
 11 
 
 
 n IK a US 
 
 c. 41, s. 8 . 
 
 s 70 
 
 44 & 45 Viet. c. 12, s. 5 . 
 , s 11 . 
 
 o QQ 
 
 a QT 
 
 H 19! . 
 
 o as 
 
 - c. 37, s 1 1 . 
 
 
 , s. 16 . 
 
 on Q q 
 
 , R 17 , 
 
 
 c. 58, s, 7 . 
 
 o Oft 
 
 . . 71 
 . . 30 
 . . 69 
 . . 69 
 69 
 
 , R 104 
 
 n TQ 
 
 c. 67, s. 9, . 
 
 _ rj i -IK 
 
 R, 4 
 
 o 91 
 
 c. 69, s. 4 . 
 
 
 , 8 6 
 
 
 . . 69 
 . . 66 
 78, 92. 108 
 . . 67 
 . . 122 
 . 158, 159. 
 163 
 92 
 . . 92 
 . . 122 
 . . 122 
 . . 39 
 . . 39 
 . . 114 
 . C5, 66 
 . . 49 
 . . 110 
 . . 110 
 . . 43 
 . . 37 
 . . 40 
 157 162 
 
 , 8 16 , 
 
 a <!> 
 
 . R ?,8 . 
 
 B 50 
 
 45 & 46 Viet. c. 36, s. 4 . 
 c. 43, s, 8 , 
 
 o K1 
 
 
 , 8 14 
 
 ' S " -~ ' 
 
 c. 50, s. 7 . 
 
 a ftl 
 
 8fi 
 
 , s. 148 
 
 a ftO 
 
 
 42 & 43 Viet. c. 19. s. 15 . 
 
 8 17 . 
 
 B "6 
 
 - n 9,97 
 
 t. on 
 
 a Cft 
 
 c. 74, s. 14 . 
 
 
 c. 75, s. 1 . 
 
 
 , s 14 . 
 
 c 33 s 12 . 
 
 46 & 47 Viet. c. 3, s. 2 . 
 
 , 8 3 
 
 
 
 , 8 4 , 
 
 
 , 8. 5 . 
 
 
 , s 8 
 
 43 & 44 Viet. c. 19, s. 9 . 
 
 C 10 B s , 
 
 - c. 22,8, 1?, . 
 
 u oo 
 
 . . 40 
 120 
 . 25, 121 
 . . 40 
 . . 40 
 . . 57 
 . . 11 
 . . . 118 
 . . . 120 
 117 119 
 
 c. 38 
 
 a Q 
 
 . . - c. 5l.s 6 , 
 
 c, tt 
 
 c. 52,s. 24 . 
 
 
 , s. 25 . 
 
 , s. 89 
 
 o Ql 
 
 , R 40 , 
 
 
 s 46 
 
 
 , s 51 . 
 
 
 , R 100 
 
 o *>Q 
 
 , R 119 
 
 
 . . , s. 145 
 
 
 . 117, 119 
 . . 117, 118 
 . . . 49 
 118 
 
 , R 146 
 
 7 8 " ^:! 
 
 n 163 
 
 rt oj. a on 
 
 c. 53, s 17 
 
 . s. 40 
 
 c. 61, B. 34
 
 XX11 
 
 STATUTES. 
 
 47 & 48 Viet. 
 
 c. 11, s. 3 . 61, 
 c. 62, B. 3 . . 
 c 64, s. 2 . . 
 
 R 3 
 
 PAGE 
 
 127, 128 
 . 113 
 . 40 
 . 40 
 . 40 
 . 40 
 47,48 
 . 121 
 . 101 
 . 69 
 158, 1; 9 
 99, 132 
 . 85 
 . 48 
 . 72 
 78, 100 
 . 70 
 . 115 
 . 50 
 . 50 
 . 52 
 . 50 
 . 115 
 114, 119 
 . 66 
 ', 98, 140 
 . 17 
 9 
 . 182 
 . 175 
 . 142 
 . 17 
 143, 157, 
 181,201 
 
 29, 175 
 37 
 
 51 & 52 Viet. c. 43 s. 142 
 s 143 
 
 PAGE 
 
 . . 42 
 
 . . 42 
 . . 41 
 . . 41 
 . . 41 
 . . 42 
 . 42. 179 
 . . 41 
 . . 41 
 . . 42 
 . . 42 
 . . 36 
 . . 36 
 
 . . llri 
 
 . . 56 
 . . 71 
 . . 52 
 . . 94 
 
 . . 94 
 . 74, 136 
 . . 115 
 . 49, 82 
 . 82, 123 
 59, 82, 110 
 . . 33 
 . . 65 
 . 33, 63 
 . 59. 61 
 59, 61, 99, 
 132 
 . . 59 
 . . 59 
 . 99, 132 
 . 59. 01 
 . 61, 132 
 . . 132 
 . . 132 
 . . 61 
 . . 61 
 . . 61 
 . . 61 
 . . 61 
 . . 61 
 . . 59 
 . . 61 
 . . 61 
 . 59, 132 
 . . 59 
 59 
 . . 2U3 
 . . 203 
 . . 203 
 . . 203 
 . . 160 
 . . 118 
 . . 122 
 . . 202 
 
 
 E 146 
 
 
 
 
 H 4 
 
 E 148 
 
 
 , 8. 5 . 
 
 B 1 iJ-j 
 
 
 B 15 
 
 s lit 
 
 
 c. 76, s. 9 . . 
 c. 18 . . . 
 c. 3-% B. 2 . . 
 c. 49, s. 6 . 
 c. 52, s. 2 . . 
 c. 64, s. 4 . . 
 c. 69, s. 4 . . 
 c. 72, s. 9 . 
 - c. 75, s. 2 . 
 c. 32, s. 9 . . 
 c. 41,8. 2 . . 
 c. 28, 8.2 . . 
 
 R 3 
 
 
 48 & 49 Viet. 
 
 B 156 
 
 o 159 
 
 
 B 160 
 
 
 B Itil 
 
 
 E 16 
 
 
 c 59 fl 6 
 
 
 
 
 52 & 53 Viet. c. 11, s. 3 . 
 
 - 1 
 
 49 & 50 Viet. 
 
 C IS B 3 
 
 50 & 51 Viet 
 
 8 1 
 
 C 1 3 9 
 
 
 3 1 
 
 C 1'' S 
 
 
 R 13 
 
 C 11 8 1 
 
 
 8 16 
 
 3 3 
 
 
 r> 90 s S 66 
 
 G 4 
 
 
 8 10 
 
 c 63 3 31 
 
 
 -c 55 s 8 61" 
 
 S 32 
 
 
 R 10 
 
 
 
 E 11 
 
 53 & 54 Viet. c. 5, s. 13 . 
 
 E 15 
 
 
 H 1*i 
 
 
 o 
 
 R 16 
 
 
 s 25 
 
 
 B 28 
 
 8 19 
 
 
 E 9 
 
 s 
 
 
 167, 169, 
 
 R 31 
 
 "1 
 
 n ot 
 
 
 E 39 
 
 E 5 
 
 
 
 
 
 
 . 124 
 . 124 
 . 124 
 11') 
 
 n 1 ^ 
 
 
 ._., . R I] 
 
 i\ 1 
 
 
 R 71 
 
 
 51 Viet. e. 8, 
 51 & 52 Viet 
 
 8 6 
 
 , s. 65 . 
 
 E 66 
 
 . c. 14, s. 6 . . 
 c 19 
 
 . 115 
 
 . 122 
 
 94, 120 
 
 18d 
 
 
 ' V -^ 
 
 
 - o 24 R *5 
 
 ~ 71 
 
 
 - c 3'-! s 6 
 
 " TO 
 
 
 - p 41 s RT 
 
 
 
 
 
 
 ' 5' f>~ ' 
 
 c ftfi 
 
 
 B 42 
 
 
 
 E 13 
 
 . 180 
 . 40 
 . 168 
 
 ! 147 
 1 1" it'.ii 
 
 c PI * 
 
 
 r 'IS 
 
 
 
 B l f l 
 
 oo i 
 
 
 
 
 
 S 5 
 
 , S. 3-0 
 
 
 
 c ft n 01 
 
 
 ... -> | 
 
 . 146 
 
 '. 188 
 
 40 
 ir,n 
 
 ! r 1 1 n 1 
 
 
 
 rt O1 OT 
 
 
 i ' 
 
 o 9Q 
 
 
 ' ' ' 
 
 n *>1 
 
 . 153, 163 
 . 119, 120 
 . 110 190 
 
 
 S 11 
 
 
 
 
 ... r. .31
 
 STATUTES. 
 
 XX111 
 
 53 & 54 Viet. c. 34, s. 3 . 
 
 PAGE 
 
 . . 69 
 . . 61 
 . . 68 
 . 68, 69 
 . . 61 
 . . 69 
 . . 20 
 . . 78 
 . . 114 
 . 114, 153 
 . . 114 
 70 
 
 54 & 55 Viet. c. 75, s. 37 . 
 
 PAGE 
 
 . . 123 
 70 
 
 ' " 5 
 
 
 . . 73 
 . . 73 
 
 . . 73 
 . . 72 
 . . 72 
 . . 43 
 . . 101 
 . . 109 
 . . 72 
 . . 72 
 . . 72 
 72 
 
 B 6 
 
 
 n 1 
 
 , B. 6 . 
 n R 
 
 B 1 
 
 Fl 
 
 c 39 s 3 
 
 n 1A 
 
 c 15 s 25 
 
 n 10 
 
 P fj a 1 
 
 fl Ifi 
 
 
 
 fi 17 
 
 n -1 
 
 o on 
 
 c 59 8 3 
 
 s 23 
 
 B 17 
 
 . . 70 
 . . 70 
 . . 70 
 . . 67 
 . . 71 
 70 
 
 s 5 
 
 s 7 
 
 
 SOQ 
 
 
 . . 72 
 . . 72 
 . . 72 
 . . 72 
 . . 73 
 . . 73 
 . . 73 
 . . 74 
 . . 73 
 . . 73 
 . . 73 
 . . 73 
 . . 73 
 . . 73 
 . 61, 73 
 . . 61 
 . . 73 
 . . 73 
 . 72, 74 
 . . 73 
 . 61, 74 
 . . 72 
 . . 154 
 . 74, 106 
 
 , . .9 . 
 r 97 
 
 
 Q 11 
 
 s 35 
 
 
 s 37 
 
 n 31 
 
 . . 69 
 . . 67 
 . . 35 
 
 . . 26 
 41 
 
 8 10 
 
 n 77 
 
 o 41 
 
 r 71 n 7 
 
 8 13 
 
 S 11 
 
 a AJ 
 
 54 Viet c 8 s 2 
 
 S 54 
 
 c 15 
 
 115 
 
 3 55 
 
 c 19 
 
 117 
 
 s 59 
 
 54 & 55 Viet. c. 22, s. 7 . 
 
 3 8 
 
 . . 71 
 71 
 
 s 60 
 
 3 61 
 
 c 16 s 10 
 
 . . 202 
 59 
 
 s 66 
 
 
 B 67 
 
 "10 
 
 . . 59 
 61 
 
 a 71 
 
 
 B 8 
 
 n AQ 4 
 
 . . 81 
 81 
 . . 123 
 . . 123 
 . . 72 
 . . 68 
 . . 69 
 . . 123 
 
 n 8Q 
 
 a fi 
 
 n 9*! 
 
 
 Q 
 
 
 o 97 
 
 r 3 
 
 a 115 
 
 n J 
 
 3 14 
 
 , s a . 
 
 n 7 
 
 H 11 
 
 ' '_ ' 
 
 
 ' '
 
 CASES CITED. 
 
 A. 
 
 PAGR 
 
 Aaron v. Alexander .... 183 
 
 Abley v. Dale 34 
 
 Abrahams v. Deakin .... 148 
 Abrath v. North Eastern Railway 
 
 Co 187 
 
 Ackland v. Paynter .... 165 
 Ackworth v. Kemp .... 192 
 
 Adair v. Shaw 167 
 
 Agnew v. Jubson . . . .172, 203 
 Ainsley v. Kirkheaton ... 68 
 Aitkenhead r. Blades . . . 16, 137 
 
 Alchin v. Wells 177 
 
 Aldred v. Constable . . 20, 27, 193 
 Alexander. The .... 29, 30 
 
 Allen r. Allen 24 
 
 v. Backhouse .... 181 
 
 . Sharp 39 
 
 v. Wright 82 
 
 Alresford v. Scott 45 
 
 Alston v. Scales . . . . 198 
 
 Ames v. Waterlow 16 
 
 Anderson v. Hume .... 54 
 Andrews v. Cawthorne . . . 130 
 
 r. Dixon 26 
 
 v. Harris . 32, 34, 138, 144 
 
 Anon 59, 116 
 
 Appleby v. Franklin .... 172 
 Armory v. Delamirie .... 151 
 
 Arnitt v. Garnett 26 
 
 Ash v. Dawnay .... 16, 137 
 Ashcroft v. Bourne .... 34 
 Asher v. Calcraft .... 131, 132 
 
 Aspey v. Jones 146, 155 
 
 Astley v. Biddle 131 
 
 Atkins v. Kilby 146 
 
 Attorney-General v. Austed . . 116 
 
 v. Briant . . 115 
 
 v. Delous . . 115 
 
 r. Forbes . .199 
 
 v. Ford. . . 12 
 
 v. Hurel . . 115 
 
 v. Leonard . . 11, 38 
 
 r. Lockwood . 119 
 
 r. Metropolitan 
 
 Board of Works 199 
 
 v. Pearson . . 132 
 
 r. Radloff . . 115 
 
 v. Richmond . 199 
 
 PAGE 
 
 Attorney-General v. Schiers . . 114 
 
 v. Trueman . 1 1 
 
 v. Voudiere . 116 
 
 v. Warmsley . 11 
 
 v. Weeks . . 1 16 
 
 Austin v. Dowling . . . 182, 185 
 
 A very v. Cheslin 23 
 
 Aylwiu v. Evans 195 
 
 B. 
 
 Bach v. Holmes . ... 94 
 Bagge v. Whitehead . . .167, 206 
 
 Bailey v. Windham .... 19 
 
 Baker v. Cave 33 
 
 v. Portsmouth .... 69 
 
 Ball r. Ward 104 
 
 Ballard v. Bond 132 
 
 Barber v. Lewis 187 
 
 Barker v. Braham 148 
 
 v. St. Quintin .... 192 
 
 Barlow v. Kensington. ... 73 
 
 v. Terrett 74 
 
 Barnacott v. Passmore . . . 127 
 
 Barnard v. Leigh 28 
 
 Barnes v. Chipp 65 
 
 v. Harding. . '. 18 
 
 v. Keane 33 
 
 Barrons v. Luscombe .... 146 
 
 Barry v. Arnand . . 150, 168, 197 
 
 Barton v. Gill 166 
 
 Batchelor v. Vyse 193 
 
 Bateman v. Poplar . . . 157, 199 
 Bates v. Wingfield ... 20, 27 
 
 Batten v. Gedge 198 
 
 Bax v. Jones 156 
 
 Bayley v. Manchester Ry. Co. . 148 
 
 Beard v. Knight 42 
 
 Beatty v. Gillbanks ... 80, 171 
 
 v. Glenister .... 80 
 
 Beck v. Rebon 22 
 
 Beckwith v. Philby .... 82 
 
 Beddall v. Maitland .... 198 
 
 Beechey r. Sides 155 
 
 Beeston v. Marriott .... 25 
 
 Bell v. Crane 164 
 
 v. Hutchinson 24 
 
 v. Midland Ry. Co. . . . 1U2
 
 XXVI 
 
 CASES CITED. 
 
 Bell v. Oakley 137, 146, 147, 194, 198 
 
 Bellencontre, Jn re .... 47 
 
 Bellyse v. M'Ginn 27 
 
 Bennett v. Bennett .... 189 
 
 Bennett 26 
 
 Berthier, Ex parte 28 
 
 Bessell v. Wilson 34 
 
 Besset, Ex parte 144 
 
 Bessey v. Windham .... 141 
 
 Bettesworth, In re 68 
 
 Birch v. Dawson ..... 22 
 
 Bird v. Bass 196 
 
 v. Jones . . . 182, 183, 207 
 
 Birley v. Chorlton 199 
 
 Bishop v. Hiuxman .... 167 
 
 Bishop Auckland v. Iron Co. . . 70 
 
 Bissicks v. Bath Colliery Co. . 177 
 
 Blades v. Armidule ... 20, 165 
 
 Blake v. Barnard 173 
 
 v. Beech ft4 
 
 Bland v. Delano 178 
 
 Bloomer, The 30 
 
 Blunt v. Beaumont .... 174 
 
 Boden v. Smith .... 156, 161 
 
 Booth v. Cooper 185 
 
 Booth v. Clive 155 
 
 v. Ferrett .... 69, 74 
 
 v. Shadgett 60 
 
 v. Trail 152 
 
 Boothman r. Earl Surrey. . . 143 
 
 Borjesson r. Carlberg .... 30 
 
 Bosley v, Davies 149 
 
 Bobtock v. Saunders .... 56 
 
 Botten v. Tomlin on .... 201 
 
 Bowditch r. Balchin .... 76 
 
 v. Fossbury ... 183 
 
 r. Wakefield ... 68 
 
 v. Bowdler. ... 13 
 
 Bows v. Fenwick 54 
 
 Box v. Allen 199 
 
 Boyfield v. Porter . . . . 158 
 
 Bracegirdle v. Oxford. . . . 199 
 
 Brackenbury v. Litwrie . . . 167 
 
 v. Thorsby ... 135 
 
 Brackley v. Batteroea. ... 62 
 
 Bracy 32 
 
 Bradbury r. Cooper .... 191 
 
 Bracldick r. Smith 166 
 
 Bradlaugh i: Erskine. . . . 138 
 
 r. Gossett .... 138 
 
 Brady r. Todd 148 
 
 Brainard r. Connecticut Ry. Co. 169, 
 170, 201 
 
 Braine v. Hunt 166 
 
 Braituwaite v. Skinner . . . 164 
 
 Brand r. Hammersmith . . . 140 
 
 Brasyer r. Maclean .... 167 
 
 Breeks v. Wolfn-y 131 
 
 Breese r. Jerdein 156 
 
 Brewis v. Hornsey 68 
 
 Brickill v. Hulse . . 196 
 
 Bridge v. Parsons 81 
 
 Brighton v. Strand .... 44 
 Brinsmc ad r. Harrison . . 17, 151 
 Biittain r. Kinnaird .... 34 
 
 Britton r. Cole 140 
 
 Broad r. Ham 186 
 
 Bromage r. Vaughan .... 19 
 Brooke i: Jenney .... 33, 45 
 Broughton r. Davis .... 10 
 r. Midland Great Wes- 
 tern Ky. Co 149 
 
 Brown v.' Git nn . . . . 6,7,16 
 
 r. Holyhead .... 64 
 
 v. Jarvis 165 
 
 v. Parrott 24 
 
 v. Watson 138 
 
 Brownlow v. Tomlinson . . . 1H3 
 Brunswick v. Sloman . . . . 151 
 Bryson c. Russell .... 155, 159 
 Buckland v. Butterfield ... 23 
 
 Buckle v. Bewes 178 
 
 Bullen v. Ansley 177 
 
 Bullock v. Dunlap 195 
 
 Burden v. Kennedy .... 21 
 
 Burder v. Selmes 131 
 
 Burdett v. Abbott . . . . 3, 5, 6 
 v. Coleman . . . . 5, 6 
 
 Burling v. Harley 155 
 
 Buron r. Denmau .... 117, 153 
 Burridge v. Nicholetto . . . 160 
 
 Burton v. Acton 63 
 
 v. Henson . . . .131 
 
 v. Le Gros 145 
 
 Bush r. Barker 173 
 
 Busst v. Gibbons 186 
 
 Butterton r. Furber .... 163 
 Byne t\ Moon 187 
 
 C. 
 
 Callous r. Tuffnel .... 
 Calvert v. Jolliffe . . . . 
 Cameron r. Reynolds . 
 Cann v. Clipperton 
 Cant r. Parsons . . . . 
 Carlile r. Parkins .... 
 Carman . Truman . . . 
 
 r. Stringer . 
 
 Carr r. Royal Exchange Co. . 
 Carratt v. Alorley . . . . 
 Carrett r. Smallpage . 
 Carter r. Hughes . . . . 
 Casberd r. Attorney-General . 
 Castioni, Ex parte. 
 Castrique i: Behrens . 
 Caswell r. Hundred House . 
 Caudle r. Seymour 
 C;i/rt '- DC la Borde . 
 Chamberlain v. Conway . 
 v. King . . . 
 
 . 22 
 . 193 
 26, 142 
 
 155, 156 
 . 18* 
 
 141, 165 
 . 187 
 . 60 
 . 161 
 32, 144 
 . 143 
 . 18 
 10 
 
 . 47 
 . 187 
 . 106 
 . 32 
 8 
 . 64 
 
 155, 160
 
 CASES CITED. 
 
 XXV11 
 
 Chapman v. Auckland 
 
 v. Pickersgill 
 
 v. Robinson 
 
 PAGE 
 
 157 
 164 
 131 
 181 
 30 
 
 Charinton r. Johnson . 
 
 Charkieh. The 
 
 Charleton r. Alway 121, 146, 194, 196 
 Chastenauf r. Capeyron ... 31 
 Chater r. Chigwell . . . 194, 198 
 ChatnYld r. Comeford. . . 186 
 
 Clu-asley c. Barnes .... 196 
 Chick v. Smith 20 
 
 Cliinn r. Morris . 
 Chifiholm v. Dotilton . 
 L hristie r. Unwin . 
 Christopherson v. Bnrr 
 v. Burton 
 
 184, 207 
 . 149 
 32, 33 
 . 173 
 19 
 
 City Ry. Co. v . County Council . 73 
 Clark v. Xewsara 200 
 
 v. Postan 185 
 
 v. Woods . . 146, 147, 185 
 
 Clarke, In re ..'... 37 
 
 v. Bradlangh . . . . 9, 19 
 
 v. Crowder .... 107 
 
 r. Hayne .... 54, 81 
 
 v. Higgina .... 1<>5 
 
 v. Tucker 63 
 
 Clements v. Olirly . . .186 
 
 Clerk v. Withers' 28 
 
 Clew, In re 37 
 
 Clifton v. Hooper 165 
 
 Clutterbuck v. Jones . 166 
 
 Cobbett, In re 13 
 
 r. Gray .... 64, 173 
 
 Cock v. Gent 161 
 
 Cocker v Musgrove ... 26, 193 
 
 Codd v. Cabe 52 
 
 Coffin v. Dyke 40 
 
 Cohen v. De las Eivas 
 
 u. Morgan . 
 
 Colam v. Hall . . . . 
 
 v. Paget . . . 
 
 Cole 17. Coulton 
 Colegrave v. Dias Santos 
 Coleman v. Goldsmith 
 17. Goodwin . 
 
 176 
 . 186 
 . 82 
 
 81 
 . 108 
 
 22 
 
 67 
 
 . 187 
 . 147 
 20, 177 
 . 189 
 
 69 
 
 Collins v. Rose 
 Colls 17. Coates .... 
 Colman v. Goodwin . 
 Colne Valley v. Treharne 
 
 Colyer v. Speer 26 
 
 Comus, The 30 
 
 Conder, Ex parte 178 
 
 Combcare v. School Board of 
 
 London 48 
 
 Cook v. Leonard 155 
 
 r. Nethercote .... 78 
 
 v. Palmer 27 
 
 Cooke 17. Wildes 190 
 
 Cooper 17. Asprez 4 
 
 17. Booth 56 
 
 v. Hill 175 
 
 PACK 
 
 Cooper p. Wands worth . . 34, 134 
 
 Cope 17. Barber 132 
 
 Copland r. Powell .... 155 
 
 Coibeti?. Brown 142 
 
 Costar v. Hetherington . . 103, 173 
 Cotes 17. Michill . . .32, 138, 139 
 Cottingham v. King .... 29 
 
 Cotton 17. Brown 187 
 
 17. Radwell .... 146 
 
 Covell 17. Laming 172 
 
 Coward . Baddeley ... 78, 204 
 
 Cowler v. Jones 127 
 
 Cox u. Coleridge f>9 
 
 17. Hakes 186 
 
 17. Leigh 26 
 
 Coyne 17. Brady 54 
 
 Crane 17. Lawrance .... 66 
 
 Ciake v. Powell 164 
 
 Cray craft, In re . .178 
 
 Creagh v. Gamble. 99, 147, 182, 185 
 
 Crisp r. Anderson 151 
 
 Croasdill v. Radcliffe .... 135 
 Crock ford 17. Maidstone . . . 135 
 
 Croft v. Allison 149 
 
 Cross, In re 98 
 
 Crowder 17. Long 140 
 
 Crowther 17. Ramsbottoin. . . 1!'9 
 Crozier v. Cundy . . .52, 137, 147 
 Crumble 17. Wallsend .... 157 
 
 Crump v. Day 167 
 
 Gumming 17. Green .... 191 
 
 D. 
 
 Dale 3, 10 
 
 Dal&ton 17 Coatsworth . . . lol 
 
 Daly v. Webb 70 
 
 Danbv v. Hunter .... 109, 135 
 
 Daniell 17. James 
 v. Pliillips 
 
 96 
 32 
 156 
 189 
 165 
 
 Danvers r. Morgan 
 
 Darby i?. Ouseley ..." 
 
 v. Waterlow 
 
 Dargan v. Davies 81 
 
 Davt nport v. Rliodes .... 29 
 
 Davies v. Jenkins 183 
 
 Davis, Ex parte 98 
 
 v. Black 131 
 
 r. Curling 154 
 
 r. Marlborough ... 18 
 
 v. Stephenson . 
 Dawson r. Clark . 
 
 . . 54 
 . . 184 
 . . 186 
 
 
 23 
 
 Danbury v. Cooper . . 
 
 . . 59 
 . . 33 
 
 De Gondonin r. Lewis 
 De Medina v. Grove . 
 De Morauda v. Dunkin . 
 
 . 174, 195 
 . . 187 
 . . 17
 
 XXV111 
 
 CASES CITED. 
 
 De Morgan v. Metropolitan Board 
 
 of Works 79 
 
 D'Eyncouit v. Gregory ... 24 
 
 Dean v. Allarley 22 
 
 v. Taylor 174 
 
 v. Whitaker .... 24, 193 
 
 Delmar v Freemantle . . . 166 
 
 Dempster v. Purnell .... 33 
 
 Deuuis i: Whitliam .... 166 
 
 Denny v. Thwaiks . . . 134 
 
 Dew v. Parsons 181 
 
 Dewdney v. Good 130 
 
 Dews v. Riley 34 
 
 Dick v. Badart 64 
 
 Dickinson, The 31 
 
 Dillon v. O'Brien 107 
 
 Ditcham v. Bond 199 
 
 Dixon 171 
 
 v. Board of Works. . . 149 
 
 v. Ensell 167 
 
 v. Furrar . . . .149,153 
 
 Doe v. Filliter 191 
 
 v. Thorn ...... 192 
 
 o. Young 151 
 
 Doggett v. Catterns .... 54 
 
 Doss v. Doss 197 
 
 Doswell v. Impey 145 
 
 Downing v. Butcher . . . 184, 188 
 
 v. Capel .... 91 
 
 Drake, Ex parte 17 
 
 r. Sykes 141 
 
 Drewe v. Lainson 27 
 
 Dry Docks Co., In re .... 44 
 
 Dubois v. Keates 187 
 
 Dudley v. Warde 22 
 
 Duffie v. Spottiswoode . . . 193 
 
 Dumerque v . Kauisey ... 24 
 
 Dundee, The 29, 30 
 
 Dunn v. Birmingham Canal Co.. 149 
 Dunston v. Patersou ... .182 
 
 Durham, The Lady .... 30 
 
 E. 
 
 Eagletou v. Gutteridge . 
 East India Co. v. Skiuuer 
 Eastwood t-. Miller 
 Ecklin v. Little . 
 Edge v. Kavanagh 
 Edgell v. Francis . 
 Edmonds, Ex parte . 
 Edwards, In re ... 
 
 v. Bridges . 
 
 v. Farebrother . 
 
 v. Budges . 
 
 1\ Islington 
 
 v. Salmon . 
 
 Eggingtan . . . 
 Eley v. Lytlo . 
 Elliott f. Osborne 
 
 15, 199 
 
 . 44 
 
 54 
 
 . 189 
 
 . 27 
 
 151, 185 
 
 . 35 
 
 13 
 
 . 23 
 . 193 
 
 1U .9 
 155 
 
 181, 207 
 
 . 43 
 
 . 96 
 
 81 
 
 FACE 
 
 Ellis v. Bridgworth . . . . 199 
 
 Elsie v. Smith 185 
 
 Elwes r. Ma we . . . 22, 23, 24 
 
 Emp.-on v. Soden 23 
 
 Entick v. C irrington ... 3, 146 
 Evans v. McCloughlan . . . 119 
 
 v. Oakley 13t 
 
 v. Wills 35 
 
 Everett v. Grapes 64 
 
 Everitt v. Davies 81 
 
 Eynde v. Gould .... 16'., 201 
 
 F. 
 
 Farnley r. Omisby . 134, 168, 170 
 
 Farr v. Newman 25 
 
 Farrant v. Thompson. . . . l'2i 
 
 Fawcett P. York By 133 
 
 Fecit v. Wai bh 65 
 
 Feltlmm v. Terry Itsl 
 
 F rgussou v. Kinnoull . . 150, 164 
 Ferrnor v. Phillips . . . .141 
 Fernand. z, In re . . . 3,12,139 
 
 Field v. Mitchell 196 
 
 Fielding v. Rhyl Commissioners 64 
 Fishermen of FHvei sham . . 64 
 Fitzjohn v. Mackinder . . . 185 
 Flanuagau v. Bishopwearmouth . 97 
 Fletcher v. Bealey .... 199 
 Flewster v. Ro\ le .... 76, 99 
 
 Flora, T.he 30 
 
 Flower -c. Low Leyton . . . 157 
 
 Floyd r. Bethel 29 
 
 Ford r. Ledie 142 
 
 v. Wiley 81 
 
 Forde v. Skinner 203 
 
 Foster v. D>dd ... 34, 47, 147 
 
 v. Hilton 26 
 
 Foulger v. Newcomb . . . . 189 
 
 v. Taylor 42 
 
 Fowler r. Cookson .... 196 
 Foxall v. Barnett .... 185, 188 
 France v. Campbell .... 24 
 
 Francis v. Nash 21 
 
 Freegard r. Barnes . . . . 198 
 
 Fretman v. Arkull . . . . 187 
 
 v. Read .... 45, 194 
 
 Fresion, In re 71 
 
 Froat r. Barclay 26 
 
 Fryt-r, Ex parte 35 
 
 Fuller v. Lane 131 
 
 Fulwood ... 83 
 
 G. 
 
 Galliaid v. Laxton 
 Galloway c. Maries 
 Gardner K. By grave 
 Garuett v. Bradley 
 
 43, 52, 58 
 . . 54 
 . . 79 
 . . 191
 
 CASES CITED. 
 
 XXIX 
 
 PAGE 
 
 Garnett v. Ferrand .... 59 
 
 Gars! in v. Asplin 195 
 
 Gartside v. Ratcliffe .... 157 
 Gawler v. Chaplin 21, 165, 193, 195 
 
 Gay v. Matthews 145 
 
 Gazard v. Cooke 128 
 
 Gent-Davis v. Harris ... 7 
 Geraldes v. Donison . . . 181 
 Gerring v. B.irfield . . . 135 
 
 Gibbins v. Phillips ... 141 
 
 Gibbons v. Pepper . . 79, 204 
 
 Gibbs v. Stead 121 
 
 Gibson v. Preston 67 
 
 Gilbert v. Burtenshaw . . . 191 
 Giiubert v. Coyney . . 19 1 
 
 Gladstone v. Pad wick. ... 20 
 Gladwell r. Blake. . . 52,77,146 
 
 Gbmibanta, The 31 
 
 Glasspoole v. Young . . . 2% 193 
 Glyiin v. Houston ... 76 99, 148 
 Goff v. Great Northern Ry. Co. 149 
 
 Goode v. Langley 177 
 
 Goodwin v. Gibbons . . 144, 145 
 
 Gordon v. Harper 25 
 
 Gore r. Special Commissioners . 128 
 Gosden v. Elphick .... 146 
 Gosset v. Howard ... 3, 138, 139 
 Grainger v. Hill . . . . 182, 196 
 Grand Junction v. Shugar . . 198 
 
 Grant v. Bagge 143 
 
 v. Moser 80 
 
 Great Western Ry. Co. v . Bailie 60 
 Greaves v. Keene . . . . 13, 183 
 Green v. Broad ..... 156 
 
 v. Brown 166 
 
 v. Elgie . . . . 12, 139 
 
 v. Rowan 146 
 
 Greene v. Jones 140 
 
 Greenway v. Hurd . 154, 156, 181 
 Gregg v. Smith .... 99 
 
 Gregory v. Brunswick . . . 206 
 
 v. Cotterell .... 143 
 
 v. Derby 187 
 
 v. Hill 174 
 
 v. Sloman .... 28 
 
 Grey v. Smith 141 
 
 Griffin v. Coleman 
 v. Deighton 
 
 Griffith r. Taylor . 
 Grindley v. Baker 
 Grinhani v. Willey 
 Groome v. F' Tester 
 Grymes v. Boweriii 
 Guest v. Warren . 
 Gully v. Smith 135 
 
 78, 183 
 
 . ... 130 
 . 91,155 
 75, 107, 114, 119 
 . . . . 99 
 . . . . 32 
 . . . . 22 
 151 
 
 H. 
 
 Hadley v. Perks . 
 Haigh . Sheffield 
 
 103 
 54 
 
 Hale v. Cole ...... 65 
 
 Haliday v. Phillips .... 131 
 
 Hall, Ex parte 166 
 
 v. Batley 148 
 
 v. Kuox '. 108 
 
 v. Ley 17 
 
 v. Nixon 64 
 
 v. Richardson .... 9 j 
 
 v. Robinson 107 
 
 v. Roche 167 
 
 Hammersmith Rent-charge, In re 34 
 
 Hammond v. Beuyshe ... 34 
 Hancock v. Somes . . . 103, 173 
 Hand cock v. Baker . . . 77, 210 
 
 Harbert 10 
 
 Hardwicke v. Moss .... 156 
 
 Hardy v. Murphy 80 
 
 Harley v. Harley 21 
 
 Harmonic, The 30 
 
 Harper v. Carr. . . ... . 146 
 
 Harris v. Mobbs 188 
 
 v. Slater . . . . 36 
 
 Harrison v. Barry 26 
 
 v. Bush 190 
 
 v. Ho.lgson .... 174 
 
 v. McL' Mtel . . . 106 
 
 v. Painter . . . 17, 21 
 
 v. Wright ... 4, 32 
 
 Hart v. Basset 188, 204 
 
 Harvey v. Bridges .... 198 
 
 . Harvey ... 9, 22 
 
 Hasker v. Wood 163 
 
 Hay v. Kitchen 174 
 
 Hayes v. Stevenson .... 97 
 
 Hayling Okey 199 
 
 Hay thorn r. Bush 193 
 
 Heap v. Burnley Union ... 63 
 
 Hearson, In re 86 
 
 Hele v. Bexley 19 
 
 Helmore v. Smith 20 
 
 Hemming v Hudson .... 174 
 
 Henderson v. Preston .... 13 
 
 Henley Co., In re 121 
 
 Hermitage v. Kilpia .... 35 
 
 Hescott 142, 206 
 
 Hewetson v. Sherwin .... 35 
 
 Hewlett v. Crutchley 186 
 
 Hicks v. Faulkner . 184, 186, 187 
 
 Hide v. Pettit 9 
 
 Hider v. Dorrell 156 
 
 Higginson v. Martin .... 145 
 
 Hill v. Barnes 117 
 
 - v. Somerset 135 
 
 Hilliard v. Hanson .... 195 
 
 Hirst v. Molesbury .... 97 
 
 Hoare v. Silverlocke .... 189 
 
 Hobson, In re 19 
 
 v. Thellusson . . . . 167 
 
 Hodgson v. Gascoigne ... 21 
 
 v. Lynch .... 165 
 
 Hoe 19, 191
 
 XXX 
 
 CASES CITED. 
 
 Hoey v. Felton 185 
 
 Hogg v. Ward 99, 183 
 
 Holden v. King 173 
 
 Holloway r. Turner .... 200 
 Holmes r. Sparkts . 160, 164, 172 
 Holroyd v. Doncaster .... 183 
 Homer v. Cadman. . . . 79,135 
 
 Hoop, The 30 
 
 Hooper v. Lane . . . 6, 139, 140 
 
 Hope -v. Evered 185 
 
 Hopkins v. Smithwick . . 68, 69 
 Hopton i: Thirl wall .... 128 
 
 Hordern v. Daltun 168 
 
 Horley v. Rogers 97 
 
 Horn r. Buller 22 
 
 Horsfall v. Holland .... 131 
 Howard v. Clarke . . . 184, 187 
 
 v. Go^-set .... 7, 138 
 
 Howell v. Jackson .... 99 
 Hoye v. Bush . . . 144, 146, 184 
 Hoyle r. Hitchman .... 65 
 Huckle v. Money . . . . 151, 185 
 Hudson v. Shooter .... 94 
 Hughes r. Buckland . . . .156 
 
 r. Lloyd 130 
 
 v. Smnllwood. ... 42 
 
 Hull v. Greenhill 18 
 
 Hume r. Druyff 12 
 
 v. Oldacre 150 
 
 Humphreys o. Stillwell . . 16, 190 
 
 Hunt r. Hooper 20 
 
 Hurrell v. Wink 44 
 
 Hutcbings r. Morris .... 39 
 
 v. Reeves . . . . 3, 60 
 
 Hutchins v. Chambers ... 44 
 
 v. Denziloe .... 131 
 
 Hutchinson v. Johnson ... 19 
 
 Huth v. Clarke 64 
 
 Hyndman, Ex parte .... 37 
 
 I. 
 
 Imason r. Cope 173 
 
 Infant, In re 8 
 
 Ireland v. Bushcll .... 166 
 Irving v. Wilson . . 155, 181, 195 
 
 Irwin v. Grey 150, 153 
 
 Iveson v. Moore 188 
 
 J. 
 
 Jackson, In re 14 
 
 v. Hill .... 143, 166 
 
 v. Stanhope .... 195 
 
 Jacobs v. Humphrey . . 27, 141, 165 
 
 v. Schmaltz .... 189 
 
 Jacobson v. Blake 195 
 
 J agger v. Doncaster .... 69 
 James v. Brown . - . . . 142 | 
 
 PAGE 
 
 James v. Campbell .... 172 
 
 Jaimain v. Hooper .... 192 
 
 Jiirratt v. Stcele 130 
 
 Jason v. Dixon 121 
 
 Jenks v. Turpin 55 
 
 Jenkins t?. (iettring .... 23 
 
 v. King 107 
 
 Jeiioure v. Delmege ... .191 
 
 Jersey v. Uxbrulge .... 18 
 
 Johuson 44 
 
 v. Croydon .... 63 
 
 v. Leigh . . . 6, 15, 199 
 
 v. Xorthwood . . . 174 
 
 v. Saunders . . . . 115 
 
 Joins v. Atlieitun 27 
 
 v. Chapman 197 
 
 w. Purcell 28 
 
 v. Perchard 1-13 
 
 v. Vaughan . . 162 
 
 v. Williams 167 
 
 v. Wood 1 il 
 
 v W\lie 173 
 
 Jordan v. Bim.-kse 21 
 
 Joule *. Taylor 154 
 
 Joyce v. Metropolitan Board of 
 
 Works 74, 148 
 
 Julius v. Oxford (Bishop) . 164, 165 
 Jupp v. Cooper . . 169,201,202 
 Justice v. Gotling . . 184 
 
 Knvanagh v. Giu'ge .... 199 
 Keane v. Reynolds .... 14.5 
 Kearney v. Tottenham . . . 174 
 
 Keene v. Dilke 196 
 
 Keet v. Smith 131 
 
 Krighlyr. Bell .... 48,59 
 Keightley v. Birch ... 26, 27 
 Kemplaud v. Macaulny ... 20 
 
 Kendal :-i2 
 
 v. Row 46 
 
 Keiiyon v. Eastwood .... 36 
 Kerby v. Denbey . 16, 137, 197, 200 
 Kt-r.-liaw v. Johnson .... GO 
 Kiulyside v. Martin .... 24 
 Kinning v. Buchanan .... 34 
 
 Kirk v. Coates 65 
 
 Kyle v. Barber 202 
 
 L. 
 
 Labalmondiere v. Addisou . . 77 
 
 Ladd v. Thomas 197 
 
 Lamacraft v. St. Thomas . . 68 
 
 Lamley v. E. Retford . . . 156 
 
 Lament (7. Southall . . . 194 
 
 I.uiu-aster Co. v. Fitzhugh . . l',4 
 
 Lane v. Cotton . . . . . 150
 
 CASES CITED. 
 
 XXXI 
 
 Langdou v. Broadbent 
 Langrish v. Archer . 
 Laugher v. Breffit 
 v. Pointer 
 
 PAGK 
 
 . 69 
 . 97 
 154, 162 
 . 148 
 . 21 
 96 
 
 Law v. London Co. 
 Laws v. Eltringharn . 
 
 v. Telford 198 
 
 Law ton v. Law ton .... 22 
 
 v. Salmon .... 24 
 
 Lea v. Rossi 166 
 
 Leach v. Money 3 
 
 v. Thomas .... 22, 24 
 
 Leader v. Danvers .... 27 
 
 Leake, Ex purte 33 
 
 Leaper v. Smith 116 
 
 Lechmere v. Charlton. ... 7 
 
 Lee v. Gansel 7, 15 
 
 v. Matthews .... 130, 168 
 
 v. Risdon 22, 24 
 
 v. Vesey 52 
 
 Leete v. Hart 82, 91 
 
 Lefans v. Moregreen . . . . 192 
 Legg v. Evans .... 21, 24 
 
 Levy, In re 175 
 
 v. Edwards . . . 80, 173, 203 
 
 Lewis, .Ex parte 79 
 
 v. Fermor 81 
 
 v. Hammond .... 181 
 
 v. Vaughan . . . .204, 205 
 
 v. Weston 68 
 
 Leyman v. Latimer .... 189 
 
 Li'iibrd v. Lake 174 
 
 Lithgow, Ex parte .... 178 
 Little v. Port Talbot Co. . . . 125 
 Lloyd v. D.ivies .... 19, 137 
 
 v. Lloyd 107 
 
 Lockyer v. Offlen 114 
 
 London Co. v. Drake .... 24 
 
 and Devon Co., In re . 25 
 
 and North Western Ry. 
 
 Co. v. Richards 60 
 
 Long Wellesley 
 
 Long v. Bray 177 
 
 Longdill v. Jones 179 
 
 Loos? v. Bean 190 
 
 Looker v. Halscomb .... 96 
 Lord Advocate v. Crookshanks . 114 
 Love v. Attorney-General . . 116 
 
 Ludmore, Jn re 178 
 
 Lumley v. Gye .... 148, 149 
 
 r. Wagner .... 168 
 
 Lyne v. Leonard 128 
 
 Lyster r. Dolland 18 
 
 M. 
 
 M'Clenaghan r. Waters . . . 171 
 M'Cloughlan i\ Clayton . . 160, 184 
 M'Curday v. Driscoll .... 184 
 M'Kiunon i: Penson .... 133 
 
 M'Dougall v. Paterson 
 M'Gahey v. Alston 
 M'Pherson v. Daniell. 
 Macartney v. Garbutt 
 Macdonald v. Lochrane 
 
 PAGK 
 
 164 
 151 
 189 
 7 
 64 
 Macey v. Metropolitan Board of 
 
 Works 199 
 
 Macuregor v. Galsworthy . . 156 
 
 Madrazo r. Willes 117 
 
 Magnay v. Burt 16 
 
 Mrthon v. Miles 177 
 
 Maidman r. Malpas .... 130 
 
 Mallinson v. Carr 70 
 
 Marks r. Beyfus 170 
 
 Marshall v. Lamb . . . . 151 
 
 K. Smith 63 
 
 Marshalsea .... 33, 145 
 
 Martin, Ex parte 36 
 
 r. Bell 141 
 
 v. Slioppee. . . . 172 
 
 v. Upcher 156 
 
 Mason v. Birkenhead Commis- 
 sioners 156 
 
 v. Paynter .... 165 
 
 Mapper v. Brown 173 
 
 Masters v. Shawley .... 24 
 
 Mather v. Fraser 21 
 
 Matthews v. Biddulph ... 76 
 
 Mayhew v. Locke 37 
 
 v. Parker .... 33 
 
 Meirelles v. Banning . . .195 
 
 Mercer v. Woodgate .... 134 
 Merest r. Harvey .... 151, 200 
 
 Mesnil r. Dakyn 181 
 
 Metropolitan Di.-trict v. Hill . 149 
 
 Middlesex Sheriff 3 
 
 Midland Insurance v. Smith. . 172 
 Midland Ry. Co. v. Within gton . 154 
 
 Migotti v. Colvill 13 
 
 Miles v. Harris 177 
 
 Mill p. Hawker . " . 133, 155, 198 
 
 Miller v. Seare 145 
 
 Milton v. Green 147 
 
 Milward v. Caffin 194 
 
 Minet v. Johnson 39 
 
 Minshall v. Lloyd .... 141 
 Mitchell v. Simpson ... 9, 17, 35 
 
 v. Tarbutt .... 150 
 
 v. Williams .... 186 
 
 Monck v. Hilton 97 
 
 Money v. Leach 137 
 
 Honk*. OMB 166 
 
 Moody v. Leach 70 
 
 Moon r. Raphael .... 141, 167 
 
 Moone v. Rose 183 
 
 Moore v. Adam 174 
 
 r. Shepherd 161 
 
 Morgan v. Leach .... 133, 168 
 Moriarty v. Brooks .... 173 
 Morley v. Greenhalge ... 81 
 Morris r. Johnson 65
 
 XXX11 
 
 CASES CITED. 
 
 Morris v. Salberg 193 
 
 Morrish v. Murray . . . 16, 199 
 
 Morse . James 144 
 
 Mortimer r. Cradock . . . . 151 
 
 Mortimore r. Cragg .... 177 
 
 Morton v. Brammer .... 44 
 
 Mostyn v. Sto.k 28 
 
 Mullett v. Challis .... 165 
 
 Munro r. Watson 63 
 
 Mure r. Kaye 184 
 
 Murphy v. Manning .... 81 
 
 Musgrove r. Toy 115 
 
 Muskett v. Drunimond . . 32 
 
 N. 
 Nalty 77. Aylett 13 
 
 Nasii v. Allen 
 v. Lucas 
 
 Naylor v. Collinge . . . 
 Nt-ite >\ Hardinge 
 Newman r. Merriman 
 Newport Bridge, In re . 
 Newsam r. Carr .... 
 Newton v. Harland 
 Nicholson v. Naylor . 
 Nicol v. Beaumont 
 
 Nicols v. Hall 
 
 Norden 171 
 
 Nordstiernen, The .... 30 
 North P. Sheriff of Middlesex . 167 
 
 19 
 16 
 22 
 181 
 178 
 164 
 188 
 198 
 202 
 135 
 92 
 
 O. 
 
 Oakes v. Wood 
 O'Brien v. Brabner 
 
 v. Salisbury 
 
 Ogden v. Hesketh . 
 O'Kelly v. Harvey 
 Oldham v. Ramsden 
 Olding v. Wild . 
 Olliet v. Bessey 
 Opera Limited, In re 
 Original Co. v. Gibb 
 Osborne v. Millman 
 
 u. Veiteh . 
 
 Ostler v. Bower 
 Oughton v. Seppings 
 
 P. 
 
 Packington v. Culliford 
 Paddock v. Forester . 
 Page, Ex parte 
 Pain r. Boughtwood . 
 Pallister v. Palliate! . 
 Palmer i'. Paul 
 
 174 
 
 . 58, 185 
 . . 192 
 . 141, 196 
 . . 174 
 . . 54 
 . . 128 
 . 144, 145 
 25, 178, 181 
 . . 157 
 . . 13 
 . . 173 
 . . 166 
 . 165 
 
 167 
 
 153 
 
 4 
 
 65 
 142 
 199 
 
 PAGB 
 
 Palomares, The 41 
 
 Panton i: Roberts 22 
 
 r. Williams . . . . H6 
 
 Pappin v. Maynard . . . . 135 
 
 Park, In re 35 
 
 Parkes v. Moore 16 
 
 Parkins r. Proctor. . . .160 
 r. Scott 189 
 
 Parlement Beige, The ... 30 
 Parmiter v. Coupland . . . 189 
 Parrott r. Mumford . . . 140, 182 
 Parsons v. Bethnal Green . . 67 
 
 v. Lloyd . . . .138, 139 
 
 Partridge v. Council of Medical 
 
 Education 165 
 
 r. Elkington . . . 180 
 
 Patchett v. Bancroft . . . 39, 144 
 Payne v. Chapman . . . . 181 
 
 r. Kevans 186 
 
 Peacock r. Bell 4 
 
 Pearce, In re 27 
 
 Peudlebury v. Greenhalgh . . 134 
 
 Penny v. Hanson 97 
 
 Penton v. Browne 15 
 
 Peppercorn v. Hoffman ... 52 
 Percival v. Stamp . . 16 
 
 Perkin v. Proctor . . . 139, 145 
 
 Perkins Beach Le.id Mine, In re 178 
 
 v. Vaughan . . . 174, 1S4 
 
 Perkinson r. Gilford .... 166 
 Perrius v. Johnson .... 20 
 Peters v. Clarson . . 134, 155, 157 
 Phillips v. Canterbury . . 201 
 
 r. Gateshead JJ. . . 208 
 
 Pickard v. Paiton 19 
 
 Pidler v. Berry 64 
 
 Pilkington r. Cooke . . . 177, 179 
 
 Piper v. Chappell 63 
 
 Pitcher v. King 165 
 
 Pitts v. Millar 81 
 
 Plater, Ex parte 3t> 
 
 Playfair v. Musgrove . . 16, 198, 199 
 
 Plumer r. Brisco 168 
 
 Plunkett F. Pearson .... 18 
 
 Pocock r. Moore 207 
 
 Pointon r. Hill 96 
 
 Poole 22, 23 
 
 Popham r. Pickburn . . . .190 
 
 Porter v. Wotton 177 
 
 Poulton r. London and South 
 Western Ry. Co. . . 149 
 
 Powell r. Hodge tts 
 v. Kni-'hts 
 
 Price v. Messenger 
 Prickett v. Gratrex 
 Primrose r. Laureuce . 
 Pugh v. Griffith . . 
 Pullin v. Deffel . . 
 Purcell v. Mucnamara 
 17. Sowler . 
 
 . 184 
 
 . 81 
 
 . 146 
 
 . 156 
 
 . 190 
 
 7, 16 
 
 163, 194 
 
 . 187 
 
 59,61
 
 CASES CITED. 
 
 XXX111 
 
 Q. 
 
 PAGB 
 
 Queen r. London 186 
 
 Quick v. Staines 1 93 
 
 Quinby r. Liverpool .... 64 
 
 Quincey, Ex parte .... 22 
 
 K. 
 
 Bamsden v. Yeates 
 Ranken v. Harwood 
 Ratcliffe v. Burton 
 
 45 
 
 20 
 
 7,15 
 
 Rawlings r. Till 79 
 
 Bawlina r. Ellis 48 
 
 Rawstone t. Backhouse . . . 128 
 
 v. Wilkinson . . . 177 
 
 Read r. Coker 146, 173 
 
 Reddell v. Stowey 193 
 
 Reece r. Taylor 174 
 
 Beedr. Nutt 173 
 
 Reeves v. Yeates 77 
 
 Regent Stores, The .... 121 
 
 R. t'. Adams 88 
 
 v. Adey 88 
 
 v. Akers 115 
 
 r. Allen 84 
 
 v. All Saints . . . . 32, 33 
 
 r. Ashtpn 103 
 
 r. Asplin 87 
 
 v. Atkinson 90 
 
 v. Autey 87 
 
 r. Avis 84 
 
 r. Aylett 209 
 
 v. Backhouse 16 
 
 r. Bailey 7, 88, 89 
 
 v. Bake 209 
 
 r. Baker 203 
 
 r. Bank of England ... 170 
 
 r. Barfoot 114 
 
 r. Barrett 151 
 
 v. Barrow 90 
 
 r. Bartlett 89 
 
 r. Batstoue 83 
 
 v. Bawen 84 
 
 v. Best 205 
 
 v. Bethel 13 
 
 r. Binney 145 
 
 v. Bolland 86 
 
 v. Bonkin 86 
 
 v. Boulter . . .209 
 
 r. Boulton . 
 
 v. Bowerman . 
 
 v. Bowers 
 
 r. Brackenbridge 
 v. Brice . 
 
 r. Brown 
 
 v. Bullock . 
 
 r. Burgess . 
 
 v. Burns. 
 
 v. Burrell . 
 
 r. Burt . 
 
 . . 95 
 . . 94 
 . . 89 
 . . 84 
 . . 85 
 84, 91, 203 
 . . 85 
 . . 89 
 . . 80 
 . . 83 
 204 
 
 R. v. 
 
 PAGE 
 
 Bushell 202 
 
 Cadman 83 
 
 Cambridge 45 
 
 Candy 115 
 
 Carr 88 
 
 Chapman . . . 7,52,209 
 
 Chester 170 
 
 Child 83 
 
 Christian 95 
 
 Clarence 87 
 
 Clarke .... 76, 98, 121 
 
 Clinch 87 
 
 Closs 86 
 
 Coelho 86 
 
 Coleridge 130 
 
 Colvin 206 
 
 Coney 79,173 
 
 Cook 54 
 
 Cope 206 
 
 Cosans 120 
 
 Cotesworth 204 
 
 Cox 106 
 
 Cracknell 85 
 
 Cross 204 
 
 Crump 88 
 
 Crunden 98 
 
 Cruse 76 
 
 Cubitt H6 
 
 Gumming 86 
 
 Cumpton 52 
 
 Danser 139, 144 
 
 Davis 85 
 
 Davy 84 
 
 Deane 21 
 
 Devon, Sheriff of . . .9,11 
 
 D'Eyncourt 109 
 
 Dixon 170 
 
 Dobbins 106 
 
 Downshire 45 
 
 Druitt 205 
 
 Eccles 205 
 
 Edgall 83 
 
 Elliott 98 
 
 Ely, JJ 1*5 
 
 Evans 
 
 Farrow 83 
 
 Faulkner 84 
 
 Fidler 89 
 
 Fisher 89,103 
 
 Fitchie 87 
 
 Flannagan 85 
 
 Flitcher 1 2 
 
 Flinton ^7 
 
 Ford 120, 121 
 
 Foulkes 88 
 
 Fox 170 
 
 Fullagar 
 
 . Franks 
 
 . French 52 
 
 . Fretwell 87 
 
 . Fursey 80
 
 XXXIV 
 
 CABER CITED. 
 
 K. v. 
 
 v. 
 
 v. 
 
 v. 
 
 v. 
 
 v. 
 
 v. 
 
 v. 
 
 v. 
 
 PACK 
 
 Ganz 47 
 
 Gardner 206 
 
 Gibbs 88 
 
 Giles 86 
 
 Gill 206 
 
 Gillham 207 
 
 Gloster, JJ 44 
 
 Goodhall 83 
 
 Goole 68 
 
 Gordon 151 
 
 Gover 85 
 
 Graham 79, 80 
 
 Gray ...'.... 89 
 
 Greenhalgh 95 
 
 Gregory 207 
 
 Griepe 209 
 
 Hadfield 96 
 
 Handsley 37 
 
 Hardy 96 
 
 Harley 83 
 
 Harris 98 
 
 Harvey 85 
 
 Hay wood 85 
 
 Hedges 22 
 
 Herrmann 92 
 
 Higgins 206,208 
 
 Hill . 90 
 
 Hillard 85 
 
 Hodges 76 
 
 Hodgkinson 99 
 
 Holfis 83,88,95 
 
 Holmes 98 
 
 .Honiton 44 
 
 Hood 33 
 
 Howarth 7, 77, 97 
 
 Hughes 209 
 
 Hulcott 4, 33 
 
 Hulton 54 
 
 Hunt 90 
 
 I.-aac 83 
 
 Isaacs 83 
 
 James 13, 89, 121 
 
 Jeans 85 
 
 Jervis 91 
 
 John 92 
 
 Jolliffe 205 
 
 Jones . 45 
 
 Jordan 36 
 
 Joyce 87 
 
 Kay 87 
 
 Kent 45 
 
 Kerrick 205 
 
 Kesteven 136 
 
 Kimmereley 205 
 
 Kinnear 
 Kirk . . 
 
 Lambe 
 Lawrence 
 Lee . 
 Lefroy 
 Lewis. 
 
 10 
 45 
 11 
 85 
 11 
 37 
 86 
 
 R. v. 
 
 r. 
 
 r. 
 
 c. 
 
 v. 
 
 v. 
 
 v. 
 
 v. 
 
 v. 
 
 v. 
 
 v. 
 
 v. 
 
 v. 
 
 v. 
 
 v. 
 
 -p. 
 
 v. 
 
 v. 
 
 r. 
 
 v. 
 
 v. 
 
 v. 
 
 v. 
 
 v. 
 
 r. 
 
 v. 
 
 v. 
 
 v. 
 
 v. 
 
 v. 
 
 v. 
 
 PAGE 
 
 Light ...... 78, 80 
 
 Lisle, Lord ..... 11 
 
 Lockley ...... 80 
 
 Loggau ...... 207 
 
 London ...... 43 
 
 Londonthorpe .... 22 
 
 Long ....... 104 
 
 Lovell ...... 88 
 
 Mabel ....... 203 
 
 Macdauiel ..... 205 
 
 Mackerel ..... 89 
 
 Magrath ..... 84, 88 
 
 Manning ..... 83 
 
 Marks ...... 89 
 
 Marsden ..... 77, 78 
 
 Marsh ...... 11 
 
 Martin ..... 85, 95 
 
 Master ...... 43 
 
 Matthews .... 88, 89 
 
 Matthias ..... 134 
 
 Mawbey ...... 205 
 
 McNaughten .... 79 
 
 Mellish ...... 88 
 
 Menlis ...... 142 
 
 Middlesex .... 37, 201 
 
 Middleton ..... 88 
 
 Mitchell ...... 87 
 
 Mitton ...... 7, 38 
 
 Moorhouse, James . . . 131 
 Mopsey ...... 87 
 
 Morton ...... 86 
 
 Moseley ...... 199 
 
 Myers ...... 201 
 
 Neale .... 48,59,80 
 
 Netherton ..... 44 
 
 Nettletoii ..... 89 
 
 Newcastle ..... 63 
 
 Newman ..... 95, 190 
 
 Newmarket ..... 45 
 
 Nichol ...... 209 
 
 Noakes ...... 120 
 
 Noonan ...... 143 
 
 O'Donnel ...... 109 
 
 Orton ....... 79 
 
 Otley ....... 24 
 
 Owen ....... 91 
 
 Oxford, JJ ...... 45 
 
 Page ....... 92 
 
 Paget ...... 43 
 
 Palmer ...... 9, 86 
 
 Parnell ...... 205 
 
 Parsons ..... 89, 206 
 
 Patience ...... 52 
 
 Pearson ...... 88 
 
 Peddle ...... 206 
 
 Pedley ...... 209 
 
 Peel ....... 52 
 
 Pembleton ..... 96 
 
 Penson ...... 84 
 
 Perring ...... 201 
 
 P helps" ..... 82, 91
 
 CASES CITED. 
 
 XXXV 
 
 R. v. Phillips 209 
 
 r. Piuncy .... 48, 80, 169 
 
 v. Plan 10 
 
 v. Pollman 205 
 
 i\ Pratt 43 
 
 r. Price 4 
 
 v. Probert 83 
 
 r. Pulliam . 91 
 
 v. Quail 20 
 
 v. Radford 92 
 
 v. Ransford 208 
 
 v. Reardon 91 
 
 v. Reed 98 
 
 v. Reynolds 90 
 
 v. Richards 85, 206 
 
 v. Richardson 170 
 
 v. Ritson 86 
 
 v. Robinson .... 95, 206 
 
 v. Rose 120 
 
 v. Rozier 54 
 
 v. Russell 204 
 
 v. St. Dunstan 22 
 
 v. St. George 203 
 
 v. St. Glare's 44 
 
 v. Salmon 83 
 
 v. Sanderson 11 
 
 v. Sandoval 56 
 
 v. Satchwell 84 
 
 v. Saunders .... 37, 98 
 
 v. Scofield 208 
 
 v. Scott 170 
 
 v. Sewers' Commissioners. . 63 
 
 v. Shaw 209 
 
 v. Shropshire County Court . 168 
 
 v. Simmonds 112 
 
 v. Smith . . 85, 88, 89, 198 
 
 v. Smyth 210 
 
 v. Spanner 85 
 
 v. Spencer 84, 89 
 
 v. Spragg 206 
 
 v. Spriggs 85 
 
 v. Squire 88 
 
 v. Stringer 84 
 
 v. Surrey County Court . . 36 
 
 v. Swallow 85 
 
 v. Taylor . . 54, 84, 98, 130, 205 
 
 v. Thallman 98 
 
 v. Thompson . 85, 115, 120, 205 
 
 v. Thorn 87 
 
 v. Thurborn 88 
 
 v. Tithe Commissioners . . 165 
 
 v. Tolson 84 
 
 v. Topping 11 
 
 v. Totnes 32 
 
 v. Union .... 34 
 
 v. Townsend 88 
 
 r. Turner 205 
 
 v. Vanderstein 86 
 
 v. Vezzell 98 
 
 v. Vreones 171, 206 
 
 r. Wakefield . 83 
 
 PAGE 
 
 R. v. Watson 98 
 
 v. Watts ...... 56 
 
 v. Webb 98, 104 
 
 v. Weeks 85 
 
 v. Weil 47, 86 
 
 v. Wellard 98 
 
 v. Wells ll 
 
 v. Welsh .... 85, 92, !'6 
 
 v. West 89 
 
 v. Wheeldon 85 
 
 v. Wilkes 46 
 
 v. Williams 104 
 
 v. Wilson . . 47, 83, 84, 92, 209 
 
 v. Wilts JJ 152, 170 
 
 v. Winton 169 
 
 v. Wiseman 91 
 
 r. Whitchurch 83 
 
 v. Whittaker 98 
 
 v. Wood 65,98 
 
 v. Woolf 11 
 
 v. Young 79 
 
 v. Zulueta 117 
 
 Reid v. Poyntz .... 141, 196 
 
 Rendsbury, The 30 
 
 Reynolds v. Barford .... 26 
 
 v. Monkton . . . . 132 
 
 Richards v. Cullerne .... 36 
 
 v. Easts 161 
 
 v. Johnston .... 23 
 
 v. Turner .... 184 
 
 Richardson v. Ardley ... 24 
 
 Ricket v. Metropolitan Ry. Co. . 188 
 
 Rideal v. Fort 192 
 
 Riddell v. Pakeman .... 145 
 
 Rimmer v. Rimmer .... 174 
 
 Ritchings v. Cordingley . . . 130 
 
 Riseley v. Ryle 195 
 
 Roberts v. Ball 9 
 
 v. Garrett .... 59 
 
 v. Hunt 133 
 
 r. Orchard .... 156 
 
 v. Woodward . 136 
 
 Robins, Lx parte 170 
 
 Roccliffe, The 30 
 
 Roderick v. Aston 68 
 
 Rodriquez v. Tadmere . . .188 
 
 Rogers v. Kenny 24 
 
 Rollason v. Rollason .... 21 
 
 Rolles v. Newell 63 
 
 Roope r. D'Avigdor . ... 172 
 
 Ross, Ex parte 27 
 
 Rothery v. Wood 26 
 
 Ruuch v. Hall 66 
 
 '. Edmonds. . . .189 
 
 v. Murray .... 161 
 
 Rowe v. Brenton 153 
 
 v. Hawkins 173 
 
 Rowning v. Goodchild . . 150, 168 
 
 Rovle v. Busby 178 
 
 Rudland r. Sunderland ... 63 
 Russell c. Home 172
 
 XXXVI 
 
 CASES CITED. 
 
 Russell v. Russell 34 
 
 Russen v. Lucas 207 
 
 Ruston v. Hatfield ..... 165 
 Rutland (Cpuutess) . . . 138, 139 
 
 Ryan r. Shilcock 16 
 
 S. 
 
 Sairle v. Roberts 188 
 
 St. John (Rector) v. Parishioners 45 
 
 St. John v. Pigott 24 
 
 St. Luke v. Lewis 75 
 
 St. Pancras Vestry v. Batterbury 164 
 
 Salter v. Magapert .... 116 
 Sanderson v. Baker . 140, 143, 192 
 
 Sandys v. Sindel 65 
 
 Sanson v. Rumsey 151 
 
 Saul v. Dawson 29 
 
 Saunders v. Warren .... 160 
 
 Sawle v. Paynter 20 
 
 Scarfe v. Hallifax 141 
 
 Scarlett v. Hanson ... 23, 166 
 
 Scott v. Lewis ltJ6 
 
 . Marshall 141 
 
 v. Morley 35 
 
 v. Sampson 191 
 
 v. Scholey 19 
 
 r. Shearman. . . .168,195 
 
 r. Waithman .... 168 
 
 Seaman v. Netherclift. ... 190 
 
 Searle v. Blaise 178 
 
 Sedley v. Arbouin 14 
 
 Selmes v. Judge 156 
 
 Semayne 6, 15, 28 
 
 Seraglio, The 29 
 
 Sewell v. Taylor 98 
 
 Shaftesbury v. Russell ... 194 
 
 Sharp u. Key 19 
 
 Shattock r. Garden .... 166 
 
 Shaw v. Kirby 20 
 
 v. Morley 54 
 
 Sheers v. Brooks 16 
 
 Shepherd r. Hills 164 
 
 r. Wheble .... 141 
 
 Sherborn v. Bogle 73 
 
 v. Wells. 
 
 Shoreland r. Govett . 
 Simmons v. Milligen . 
 r. Mitchell . 
 
 100, 104 
 . 199 
 91, 184 
 . 189 
 39 
 . 200 
 
 134, 135 
 
 Simpkins v. Robinson. 
 Simpson v. Staff. Railway 
 
 r. Wells . . . 
 
 Sinclair r. Eldred 187 
 
 Six Carpenters . . .137,152,197 
 
 Slade 151 
 
 r. Hawley 166 
 
 Slattery r. Nay lor 63 
 
 Slee p. Bradford 69 
 
 Sly r. Finch 27 
 
 i: Stevenson 146 
 
 Small r. Bickley 70 
 
 PAGE 
 
 Smallcomb v. Buckingham . . 9, 19 
 Smart i-. Hutton .... 140, 182 
 
 Smith, In re 10, 19 
 
 r. Bourchier . 139, 145, 160 
 
 r. Critchfield .... 193 
 
 v. Hopper 155 
 
 v. Macdonald . . . . 187 
 
 v. Millar 192 
 
 v. Powditch 121 
 
 v. Pritchard . . 40, 140, 145 
 
 v. Reader 24 
 
 r. Reynolds 115 
 
 1: Shirley 77 
 
 v. Sydney 139 
 
 Sneary r. Abdy 178 
 
 Snow v. Hill 54 
 
 Snowball v. Goodricke . . . 167 
 Snowden v. Davis .... 149, 178 
 Somerset r. Miller .... 65 
 Somerville r. Hawkins . .190,191 
 
 Sparrow v. Bristol 28 
 
 Speck r. Phillips 174 
 
 Speight v. Gosnay .... 189 
 
 Spencer 167 
 
 Squires r. Meyer 22 
 
 Stacey v. Chilworth . . . .115 
 
 Stanley v. Powell 172 
 
 Stanton v. Styles 144 
 
 Stationers' Co. v. Salisbury . . 65 
 Stephens v. Meyers .... 1 72 
 
 v. Rothwell .... 177 
 
 Stevens r. Evans 44 
 
 v. Jeacocke 
 
 v. Midland Ry. Co. 
 
 164 
 185 
 24 
 59 
 167 
 135 
 12, 138, 139 
 
 Steward r. Lambe 
 Still r. Wells . . . 
 Stimson v. Farnham . 
 Stiiison r. Browning . 
 Stockdale r. Hansard. 
 
 Stocken v. Carter 101 
 
 Stonehouse r. Elliott .... 82 
 
 Stonor v. Fowle 35 
 
 Stops r. Northampton, JJ. . . 152 
 
 Straight v. Gee 159 
 
 Stuart r. Bell 190 
 
 r. Whitaker .... 26 
 
 Summers v. Moseley . ... 142 
 
 Surrey, Sheriff of, Be ... 177 
 
 Sutherland r. Murray . . . 150 
 
 Button r. Johnstoue . . . 150, 164 
 
 r. Norwich 200 
 
 Swain r. Morland 166 
 
 Swan r. Sanders 81 
 
 Swenden 83 
 
 Syers r. Chapman 174 
 
 Symonds r. Kurtz 33 
 
 T. 
 
 Tancrpd r. Allgood 
 Taplm c. Atty. . 
 
 1% 
 141
 
 CASES CITED. 
 
 XXXV11 
 
 PAGE 
 
 Tarleton v. McGawley ... 192 
 Tarlton v. Fisher .... 16, 138 
 
 Taylor v. Bekon 20 
 
 r. Clemson 4,33 
 
 v. Cole 21, 199 
 
 v. Ford. .! ... 187 
 
 v. Greenhalgh . . . 134 
 
 r. Nisfield 156 
 
 v. Timson .... 131, 168 
 
 Terraz, Ex parte 47 
 
 Terry v. Huntington . . 150 
 
 Theobald v. Crichmore . . . 154 
 
 Thomas v. Harris 175 
 
 v. Jones 128 
 
 v. Mirehouse. . . 196, 197 
 
 v. Peck 179 
 
 r. The Queen ... 150 
 
 v. Russell .... 184 
 
 Thompson v. Clark . . . .165 
 
 v. Failsworth ... 69 
 
 f. Farrar .... 56 
 
 Thoroughgood 20 
 
 Thorpe r. Stallwood . . . 193, 197 
 Thresher v. East London Water- 
 works 24 
 
 Thurgood r. Richardson . . 26, 195 
 Thurston r. Mills . . . . . 166 
 
 Thynne r. Sari 29 
 
 Tinkler r. Wandsworth . 69, 75, 199 
 
 Titley r. Foxall 174 
 
 Tobin v. The Queen . . . 117, 150 
 
 Tollett r. Thomas 97 
 
 Toinkinson r. Russell. ... 24 
 
 Tooley 171 
 
 Torquay r. Bridle 64 
 
 Tottenham r. Rowell .... 68 
 Towneud r. Yorks. Sheriff . . 177 
 
 Triggs v. Lester 62 
 
 Triminger r. Keene .... 142 
 Tulk r. Metropolitan Board of 
 
 Works 98 
 
 Tullidge c. Wade .... 151, 174 
 Turnbull r. Appleton. ... 97 
 Turner r. Bridget. .... 28 
 
 r. Fellgate . . 32, 138, 139 
 
 r. Ford 106 
 
 r. Morgan 107 
 
 Twvman r. Kuowles .... 168 
 
 Tyler r. Leeds 167 
 
 Tvsou r. Parke 19 
 
 U. 
 
 Umphelby v. McLean . . . 155 
 
 Underdeu v. Burgess 178 
 
 Unwiu r. Hanson .... 45, 198 
 
 Upton v. Wils 29 
 
 Usher v. Luxmoorc .... 96 
 Utting r. Beruey 185 
 
 V. 
 
 PAGE 
 
 Valpy v. Mauley 181 
 
 Van Boven 115 
 
 Van Sandau, Ex parte ... 59 
 
 v. Turner ... 12 
 
 Vaughan v. Taff Vale ... 149 
 
 Victor, The 30 
 
 Villars, Ex parte .... 28, 166 
 
 Vinter v. Hind ...... 70 
 
 Vulture, The 30 
 
 W. 
 
 Walker v. Homer 135 
 
 v. Sharman .... 192 
 
 Waller v. Weedale .... 166 
 
 Walter, In re 35 
 
 Walthamstow v. Staines ... 68 
 Walwyn v. Awberry .... 19 
 
 Ward 22 
 
 -' v. Macaulay .... 25 
 Wardour v. Beresford . . . 151 
 Warne v. Varley . 75, 107, 114, 119 
 Warner v. Riddiford .... 182 
 
 Warren, Ex parte 26 
 
 Warwick v. Foulkes .... 183 
 Waterhouse v. Keen .... 155 
 
 Watkin v. Hall 189 
 
 Watson v. Bodell 4, 37 
 
 Watts v. Lucas 128 
 
 Weaver v. Lloyd 191 
 
 Webb v. Beaven 189 
 
 v. Catchlove .... 170 
 
 Webber v. Hutchins .... 20 
 
 Weiss v. Smith 139 
 
 Wells r.Gibbs 9 
 
 Westmoreland v. Smith ... 27 
 Weston v. Woodcock .... 24 
 Wetherell r. Howell .... 24 
 
 Whale v. Booth 25 
 
 Whalley v. Williamson ... 16 
 
 Wheeker v. Webb 65 
 
 Wheeler v. Whiting .... 80 
 Whitbread v. Brooksbank . . 181 
 Whitchurch, Ex parte ... 7 
 
 White v. Binstead 26 
 
 v. Morris .... 141, 155 
 
 v. Redfern 70 
 
 Whitehead v. Bennett ... 22 
 Whitehouse v. Atkinson . . 141, 197 
 Whitehurst v. Fincher ... 54 
 Whitfield r. Despencer . . . 150 
 Wicks v. Fentham . . . 186, 187 
 Wilcoxon v. Searby .... 42 
 
 Wilde v. Waters 24 
 
 Wilkes r. Hungerford Market Co. 188 
 
 v. Wood 3 
 
 Wilkins ?. Day .... 135,188 
 
 ? Hemsworth . . 34, 147 
 
 Willans r. Taylor 187 
 
 ,1
 
 xxxvm 
 
 CASES CITED. 
 
 Willem III., The 30 
 
 Williams v. Blackwall . . 128, 194 
 
 v. Evans 135 
 
 v. Glenister . . 80, 132, 184 
 
 v. Jones .... 204, 207 
 
 v. Lyons 206 
 
 Willis v. McLuchlan .... 59 
 
 Wilson v. Barker 148 
 
 v. Stewart 149 
 
 v. Tunman 148 
 
 Windham v. May 24 
 
 Winterbourne v. Morgan . . . 197 
 Wintle v. Freeman . . . 166, 167 
 
 Withall v. Francis 60 
 
 Withers v. Henley .... 183 
 
 Wolf, Ex parte 205 
 
 Wood v. Burgess 115 
 
 v. Chessal 161 
 
 v. Durham 191 
 
 v. Lane 182 
 
 v. Venton 64 
 
 v. Wood .... 21, 24, 34 
 
 Woodgate v. Knatchbull . . 143, 206 
 
 Wooding v. Oxley 80 
 
 Woodland v. Fuller .... 201 
 
 Woodman v. Gist 143 
 
 Woods v. Finnis .... 28, 140 
 Woodward v. Billericay . . 45, 157 
 Woolford's Trustee v. Levy . . 181 
 
 PAGE 
 
 Woolley v. Corbishley . . . 134 
 
 Wordsworth v. Harley . . . 157 
 
 Worral Co. v. Lloyd .... 18 
 
 Worth v. Torrington .... 131 
 
 Wortley v. Notts 65 
 
 Wray v. Reynolds 60 
 
 Wren v. Pocock 109 
 
 Wright, Ex parte 59 
 
 v. Child 142 
 
 v. Court 77 
 
 v. Mills 20 
 
 Wyattw. White 52 
 
 Wylie v. Birch 166 
 
 Wyllie v. Mott 131 
 
 Wyman v. Knight .... 8 
 
 Wyndham v. Cole 130 
 
 Wynne v. Ingleby 24 
 
 Y. 
 
 Yates v. Rutledge 26 
 
 Yewdall v. Craven .... 44 
 Young v. Davis .... 133, 168 
 
 v. Edwards .... 64 
 
 v. Gattridge .... 70 
 
 v, Higgon 156 
 
 Yourrell v. Proby 165
 
 THE POWEBS, 
 DUTIES, AND LIABILITIES 
 
 OF 
 
 EXECUTIVE OFFICEKS 
 
 AS BETWEEN THESE OFFICERS AND THE PUBLIC. 
 
 INTRODUCTION. 
 
 AN executive officer, properly so called, is, I assume, an officer 
 employed by the State to put into actual execution the laws, or 
 some portion of the laws, of his country. Taking this as the 
 definition upon which this work is based, it is a natural come- 
 quence that the following officers, all of whom come within the 
 term "executive" in its wide signification, are not included 
 within it. First, military and naval officers, who act under the 
 orders of their commander, and who in ninety-nine cases out of 
 a hundied are employed actively, ouiside the country, to deal 
 with those foes whom it is to our interest politically to force 
 into submission. Secondly, judicial officers, whose duty it is 
 to interpret the laws, statutory or otherwise, but who are not 
 themselves personally engaged in putting the laws into active 
 operation. Thirdly, those officers whose business it is to perform 
 purely ministerial functions and none other, such as those in the 
 ordinary clerical establishments of our great public departments 
 and the like, and who never, un<ler any circumstances, come 
 into collision, in their official capacities, with any member of 
 the public. 
 
 Having thus positively and negatively determined shortly, 
 \vhat I mean in this work by the term "executive officer," I 
 would observe that the powers which are exercised by these 
 men, when considered in the aggregate, are enormous. They, 
 in fact, carry on between them the whole business of active 
 government in this count) y ; and when we remember that every 
 single case, either of excess of power or breach of duty towards 
 any member of the public, contains within it as its kernel the 
 
 B
 
 2 EXECUTIVE OFFICERS. 
 
 all-important questions of the rights and liberties of the people, 
 it will be seen that it is impossible to over- rate the necessity of 
 closely scrutinizing their labours. Professor Dicey, in his able 
 work on the Constitution, in this connection, says as follows : 
 " Unintelligent students may infer that the law of the constitu- 
 tion is to be gathered only from notorious judgments which 
 embalm the results of grand constitutional or political conflicts. 
 This is not so. Scores of unnoticed cases .... touch upon or 
 decide principles of constitutional law. Indeed every action 
 against a constable or collector of revenue enforces the greatest 
 of all such principles, namely that obedience to administrative 
 orders is no defence to an action or prosecution for acts done in 
 excess of legal authority." 
 
 It is impossible, having regard to the fallibility of human 
 nature and the system of administration, to suppose that these 
 officers are invariably in the right, or even to credit them on all 
 possible occasions with purity of motive. Over-zeal for the 
 public service and individual interest will, in spite of all pre- 
 cautions, from time to time exhibit themselves. It is against 
 such exhibitions that this work is mainly directed. Hitherto 
 there would appear to have been nothing like a direct exterior 
 check upon the powers of these officers, and the natural tendency 
 therefore is no matter how carefully any system may be ad- 
 ministered not only for these men to exalt their functions as 
 between themselves and the public, but possibly also for them 
 to become a danger of no petty magnitude to the community. 
 
 It is for these reasons that this woi'k has been prepared. Its 
 object is to furnish the profession and the public with a treatise 
 from which may be ascertained what these officers have the 
 power to do, and what not to do, as against any member of the 
 public, and what remedies are pursuable in case the officer has 
 either exceeded his power or fallen short of his duty to the 
 individual. It is conceived, therefore, that it cannot fail to be 
 of interest and value. 
 
 The liberties of the people of this country have, it must not 
 be forgotten, been purchased with the blood and treasure of our 
 ancestors, and have been maintained by the mental and physical 
 labours of thousands of earnest and good men who have preceded 
 us. To preserve those liberties intact is both the right and duty 
 of us all. 
 
 That this work may, in some humble degree, minister to that 
 end , is the prayer of the author.
 
 WARRANTS AND ORDERS. 
 
 PART I. 
 
 WARRANTS AND ORDERS. 
 
 A WARRANT may be defined as a written authority under the 
 hand and seal (a) of some Court, or judicial or other officer 
 authorized by law to issue the same, commanding the person or 
 persons to whom it is addressed to arrest or detain, or produce 
 or release, the body, or to search the premises, or seize or levy, 
 or suspend execution on the goods or lands of some person named 
 therein (&). 
 
 In every instance save those of warrants of superior Courts at 
 common law (c), viz. the Parliament, the High Court, and those 
 of Assize and Arches (d), the cause of issue must appear on the 
 face thereof; and where the process is in contempt, the period 
 of detention be specified (e). 
 
 Warrants are therefore, when regarded as to their legal effect, 
 of two kinds, namely (1) those issued by superior Courts accord- 
 ing to the course of the common law, and (2) those of inferior 
 Courts at common law and of any Court or officer under statutory 
 jurisdiction (/). 
 
 The distinction between these two kinds, although rather a 
 nice one, is important from the point of view of the liability of 
 the officer entrusted with the execution. The principle may be 
 thus expressed : 
 
 Whereas, under a warrant of the first kind, the presumption 
 is that the Court from which it issues had j urisdiction to order 
 the particular thing or things to be done, no matter what the 
 order may be, so as to throw the onus of proving no jurisdiction 
 generally on the party attacking it ; in the case of a warrant of 
 the second kind, the presumption only extends to the matter 
 actually appearing on its face. But, in either case, if on in- 
 vestigation it be found that there was no jurisdiction, being 
 beyond the scope of the powers delegated to the Court or officer 
 
 see Hutchings v. Beeves, post, p. 60. 
 
 (c) Surdett v. Abbott, 14 East, 1 ; 
 In re Fernandez, 10 C. B. 1 ; The 
 Sheriff of Middlesex, 11 Ad. & E 
 273. 
 
 (d) See the judgment of Brett, 
 L.J., Dale's Case, 6 Q. B. D. 455. 
 
 (e) 2 Inst. 52. 
 
 (/) See the judgment of Parke, 
 B., Gossett v. Howard, 10 Q. B. 452, 
 et seq. 
 
 B 2 
 
 Warrant, 
 definition. 
 
 (a) Those of superior Courts are 
 sometimes not sealed. 
 
 (6) Any warrant which purports 
 to relate to an unknown person or 
 where alleged offence is the cause of 
 issue, to an offence not yet committed, 
 is void : Leai-h v. Money, 19 St. Tr. 
 1001 ; EnticJt v. Carrington, ib. 1030 ; 
 WilL-es v. Wood, ib. 1153. The only 
 exceptions are search warrants which 
 aru generally directed against pre- 
 mises and not against persons ; and 
 
 Cause of 
 issue and 
 period of 
 detention 
 to appear 
 when. 
 
 Two kinds. 
 
 Distinc- 
 tion 
 between 
 them. 
 
 Goes to 
 the juris- 
 diction.
 
 EXECUTIVE OFFICERS. 
 
 Orders of 
 two kinds. 
 
 Like 
 warrants. 
 
 Unlike 
 warrants. 
 
 Jurisdic- 
 tion to 
 make. 
 
 Verbal of 
 Courts of 
 record. 
 
 Authority 
 co-exten- 
 sive with 
 validity. 
 
 issiiing it, the warrant is bad, and no justification to the officer 
 who executes it. 
 
 " The rule for jurisdiction is that nothing shall be intended 
 to be out of the jurisdiction of a superior Court but that which 
 specially appears to be so, .... nothing shall be intended to 
 be within the jurisdiction of an inferior Coxirt but that which is 
 expressly alleged " (gj. 
 
 With regard to orders, they are to be divided into two main 
 classes, namely (1) those which are similar in form and in regard 
 to the principles of law applicable thereto to warrants, and may 
 therefore not improperly be classed with warrants, and (2) those 
 which have no similarity to warrants, but constitute merely the 
 relationship of principal and agent between the person or body 
 issuing and the person executing them. 
 
 In regard to orders of the first kind, it has been laid down 
 that in so far as the jurisdiction to make them, must appear on 
 the face thereof, the rule is equally applicable to them as it is 
 to warrants (^), and here it is to be observed that where orders 
 are made verbally by Courts of record ('), the}* are presumed to 
 be in writing, " for there is or ought to be a record of such 
 order" (/). 
 
 As to orders of the second kind those which constitute 
 merely the relationship of principal and agent, they fall into a 
 different category. They will be found discussed in a separate 
 chapter. 
 
 The authority of every officer is dependent on the validity of 
 the proceedings (&). 
 
 (g) Peacock v. Bell, 1 Saund. 74 ; 
 Taylor v. Clemson, 2 Q. B. 1031; 
 Harrison v. Wright, 13 M. & W. 816 ; 
 Com. Dig. PI. '3 M. 24, and see 
 Part III., post . 
 
 (A) B. v. Hulcott, 6 T. K. 583. 
 
 (t) This includes Quarter Sessions. 
 
 (n Per Parke, B., Watson v. 
 Bodell, 14 M. & W. 70. 
 
 (fc) Ex parte Page, 17 Yes. 59; 
 Cooper v. Asprey, 3 B. & S. 932 ; 36 
 L. J. Q. B. 209.
 
 WARRANTS AND ORDERS. 
 
 I. WARRANTS AND ORDERS OF SUPERIOR COURTS 
 AT COMMON LAW. 
 
 Warrants and orders of superior Courts at common law range 
 themselves into two categories, which may sufficiently accurately 
 be described a* (1) those to which the king is a party, and 
 (2) those to which the king is not a party. " The phrase 
 'where the king is a party' is not a correct statement of the 
 law. The question is whether the process be issued at the 
 instance of a private person in the assertion of a private right, 
 or at the instance of a public authority in the assertion of a 
 public right, where the public weal is interested in the execution 
 of it " (a). 
 
 This description appears to tally (so far as concrete can with 
 abstract law) with that given by modei-n writers in jurispru- 
 dence of those absolute duties which the individual owes to the 
 State, those which are correlative with natural rights, i.e. those 
 rights which are essential to man's existence in society; as dis- 
 tinguished from those relative duties which correspond with 
 those rights which are the creatures merely of positive law, 
 and of which it has been said that " when they have not the 
 ethical sanction which is derivable from the laws of human life, 
 as carried out under social conditions, they have no sacredness 
 and may rightly be challenged." 
 
 The distinction which exists in our law between mala in se 
 and mala quia prohibita is practically identical (6). 
 
 Warrants 
 and Orders 
 of Superior 
 C</urts at 
 common 
 law. 
 
 Of two 
 
 kinds, 
 
 which 
 
 correspond 
 
 with 
 
 (1) abso- 
 lute and 
 
 (2) rela- 
 tive duties. 
 
 I. THE KING A PAKTY. 
 
 The first point which arises for consideration in regard to the 
 execution of warrants and orders to which the king is a party, is 
 as to the amount of furce which may be employed for that pur- 
 pose. And it seems quite clear that any degree of force may be 
 resorted to which is necessary to carry the execution into effect, 
 the onus of proving such necessity resting on the officer who 
 resorts to it (c). Lord Ellenborough, C.J., in the case last cited, 
 adverting to the allegation in the defence that the employment 
 of the military was necessary to assist at the execution of a 
 warrant of the Speaker, says : " Now what application has the 
 military force to the entry ? None at all. Not that it is not 
 competent to use military force, or any force which may be 
 necessary for the execution of a warrant of this kind ; the 
 
 (a) Per Att.-Gen., arg. Burdett v. 
 Abbott, 11 East, 116. 
 
 (6) See Steph. Comm. 8th ed. 
 
 p. 35. 
 
 (c) Burdett v. Coleman, 14 East, 
 190. 
 
 1. King a 
 Party. 
 
 What 
 force may 
 be em- 
 ployed. 
 
 Onus of 
 proving 
 necessity 
 of resort- 
 ing to, on 
 whom. 
 
 Lord Ellen- 
 borough 
 on use of.
 
 EXECUTIVE OFFICEES. 
 
 Military 
 when em- 
 ployed, to 
 be under 
 magistrate. 
 
 Sheriffmay 
 raise posse 
 comitatus. 
 
 Power to 
 
 break 
 
 doors. 
 
 Of third 
 person. 
 
 Officer acts 
 here at his 
 peril. 
 
 On escape. 
 
 Breaking 
 at what 
 time. 
 
 Inner 
 doors. 
 
 degree and quality of the force must vary according to the 
 exigency of the case. The fiist duty of the officer who is en- 
 trusted with the execution of process is to take care that it is 
 executed effectually and with as little injury to the individual 
 or to the public as may be." And in that case evidence was 
 tendered and admitted to shew the danger and difficulty of 
 executing the warrant by force against the plaintiff in his own 
 house without the aid and protection of the military (d). 
 
 When it is necessary to resort to the expedient of employing 
 the military, that force must act under the direction of the civil 
 magistrate (e). 
 
 In regard to warrants of the High Court, the duty of exe- 
 cuting which is imposed on the sheriff, it is laid down by 
 statute that if he finds any resistance in such execution he 
 shall take with him the power of the county and shall go in 
 proper person to do execution, and may arrest the resisters and 
 commit them to prison (/). 
 
 The next point is as to breaking doors. In Semayne's Case (#), 
 it was laid down that : (1) In all cases where the king is a party 
 the [officer] (if the doors be not open) may break the party's 
 house either to arrest him or to do other execution of the king's 
 process if otherwise he cannot enter. But before he breaks it 
 he ought to signify the cause of his coming, and to make re- 
 quest to open the doors. (2) The house of any one is not a castle 
 or privilege but for himself, and shall not extend to protect any 
 person who flies to his house or the goods of any other which 
 are brought or conveyed into his house, to prevent a lawful 
 execution, and to escape the ordinary process of law ; and there- 
 fore in such cases after denial on request made the [officer] 
 may break the house. But he does this at his peril, lor if it 
 turn out that the defendant was not in the house, or had no 
 property there he is a trespasser (h). 
 
 This protection whicli the law casts around dwellings is con- 
 fined to dwellings only and does not extend to outhouses (Q. 
 
 After an escape a man's own house or that of a stranger is no 
 sanctuary, and may be broken after notice of the purpose and 
 demand of admission and refusal (_/). 
 
 According to the opinion of the Attorney-General above 
 cited, this breaking is limited to the daytime (&), which means 
 presumably exclusive of night and twilight (/) ; but in treason 
 or felony it seems it may take place at any time (HI). 
 
 Having obtained admission the officer may break inner 
 
 (d) Burdettv. Coleman,UEast,l83. 
 
 (e) Opinion of Att.-Gen., 65 Com. 
 Jour. 264 ; Hans. Deb. xvi., 257, 
 454 h. 
 
 (/) 50 & 51 Viet. c. 55, s. 8 (2). 
 This power extends to the Under- 
 Sheriff: Dalt. 104. 
 
 (</) 5 Coke, 91. See Burdett v. 
 
 Abbott, 14 East, 157 ; 5 Dow. 165. 
 
 (A) Johnson v. Leigh, I Marsh, 
 565 ; 6 Taunt. 246. 
 
 (/) Brown v. Glenn, 16 Q. B. 257. 
 
 O') 1 East, P. C. 324. 
 
 (A - ) Supra. 
 
 (7) 3 Inst. 63 ; 4 Black. 224. 
 
 (m) I East, P. C. 324.
 
 WAKHANTS AND ORDERS. 
 
 doors (n), whether the defendant be therein at the time or 
 not (o). He may also break out in order to complete the 
 execution (p). 
 
 Although the officer may force an entrance, he is not autho- 
 rized in remaining in the house more than a sufficient time to 
 execute the warrant, and in case of an arrest, if the party be 
 from home he is not justified in there awaiting his return (5). 
 
 Under such a warrant execution on a Sunday is valid (r), 
 and it sterns that an officer of the law in executing process 
 is not limited to any time of the day or night (). 
 
 There is no privilege from arrest in these cases (<). Am- 
 bassadors however, and their servants, if the servant be not 
 carrying on business, although a British subject (M), are pro- 
 tected by 7 Anne, c. 12, s. 4, and clergymen attending service 
 eundo morando et redeundo by 24 & 25 Viet. c. 100, s. 36. 
 Arrest in such cases is a misdemeanour (t?). 
 
 When a warrant is given to a defendant for his perusal and 
 he refuses to return it, it appeal s that the officer has a right to 
 take it from him, and even to coerce his person to obtain the 
 possession of it, provided he use no more violence than is 
 necessary to effect that purpose (w). And the taking away of 
 such a warrant even if not recovered does not affect the 
 validity of the execution (x). 
 
 The production of a warrant is not apparently unless de- 
 manded a condition precedent to its execution (y). 
 
 Warrants of superior Courts, unless restricted by what appears 
 upon their face, extend all over the kingdom (z). 
 
 Breaking 
 out. 
 
 Remaining 
 on pre- 
 mises. 
 
 Time of 
 execution. 
 
 Privilege. 
 
 Officer 
 may re- 
 cover pos- 
 session of 
 warrant. 
 
 Jurisdic- 
 tion. 
 
 THE SERGEANT AT ARMS (LORDS). 
 
 This officer is employed by the House of Lords to execute its Sergeant at 
 orders against persons committed for contempt (a). The order //'^j s \ 
 of the House is signed by the Clerk of the Parliaments, and is 
 the authority under which the officer acts (6). 
 
 () Lee v. Gansel, Cowp. 1 ; Lofft. 
 374. 
 
 (o) Eaidi/e v. Burton, 3 B. & P. 
 223 
 
 (p) Pugh v. Griffith, 3 X. & P. 
 187; 7 A. \- E. 827. 
 
 (3) Howard v. Gossetl, C. & M. 
 382. 
 
 (r) Ex parte Whitchurch, I Atk. 
 55, and as to warrants of justices in 
 indictable offences, see 11 & 12 Viet. 
 c. 42, s. -t. 
 
 (s) Per Campbell, C.J. : Brown v. 
 Glenn, 16 Q. B. 257. 
 
 () In re Preston, 11 Q. B. D. 545; 
 Long Wellesley, 2 II. & M. 639 ; Lech- 
 mere Charlton, 3 My. & C. 354; 
 Gent-Davis v. Harris, 40Cli. D. 190 ; 
 
 58 L. J. Ch. 162; 60 L. T. 355; 
 37 W. R. 151 ; 5 Ti. Eep. 89. 
 
 (M) Macartney v. Garbutt, 24 Q. 
 B. D. 368. 
 
 (0) See post, p. 202. 
 
 (w) E. v. Mitton, 3 C. & P. 31. 
 
 (z) E. v. Bailty, L. E. 1 C. C. 347 ; 
 41 L. J. M. C. 61 ; 12 Cox, C. C. 129. 
 
 (y) E. v. Howarth, 1 Moo. C. C. 
 207 ; E. v. Chapman, 12 Cox, C. C. 
 4. 
 
 (z) 4 Bl. Comm. 291. 
 
 (a) In case of committal of a mem- 
 ber the order goes to Black Rod. 
 MiK-queen H. L. 68. 
 
 (b) May's Parl. Prac., 9th ed., 
 pp. 77 and 89. For the form, see 
 App. I., 1.
 
 8 
 
 EXECUTIVE OFFICERS. 
 
 Duty The order usually requires the sergeant to take into custody 
 
 the person named therein, and to bring him to the bar of the 
 House. 
 
 Warrant of The order of the High Court to arrest a person under attach- 
 Lord ment on a return of non est inventus by the sheriff, or to obtain 
 
 the custody of a ward of Court is directed to this officer, but is 
 seldom now issued (c). In the first case it appears that the 
 defendant is not entitled to release without a certificate from 
 the sergeant that his fees have been paid (cf), but it is believed 
 that all the sergeant's fees have beeen abolished. 
 
 As has been above stated, a verbal order of the Lords to this 
 officer is tantamount to a warrant (e). 
 
 Sergeant at 
 Arms 
 (Com- 
 mons). 
 Speaker's 
 warrant ; 
 
 duty 
 under. 
 
 Verbal 
 order. 
 
 THE SERGEANT AT ARMS (COMMONS). 
 
 The warrant of the Speaker of the House of Commons is 
 addressed to this officer (/). 
 
 The duty of the sergeant is to take into custody the person 
 named therein and to detain him during the pleasure of the 
 House. The practice is to require the offender to attend at the 
 bar to be discharged on payment of the fees, which are in the 
 nature of a fine (^). He cannot, however, be detained in any 
 case after the prorogation (&). 
 
 As has been above pointed out, a verbal order of the Speaker 
 amounts to a warrant (*'). When the Speaker is accompanied by 
 the mace he has power to order persons into custody for dis- 
 respect or breach of privilege committed in his presence (y). 
 
 THE SHERIFF. 
 
 The Sheriff. The warrants (or, as they are usually called in this case, 
 writs) of the High Court, save that issued on a committal for 
 contempt, are directed to this officer. They are as follow : 
 
 Assista nee. 
 
 When 
 issued. 
 
 Duty. 
 
 Assistance. 
 
 This writ issues where there has been a decree or order 
 directing the possession of chattel property to be given up (&). 
 The duty of the sheriff is to put the plaintiff in possession of 
 
 (c) Braithwaite's Pr. 286, 288. 
 See In re an In/ant, 7 T. L. R. 589 ; 
 64 L. T. 732. For the Form, see 
 App. I., la. 
 
 (d) Cons. Ord. xxx., r. 9. 
 
 (e) Ante, p. 4. 
 
 (/) For the form, see App. I., 2. 
 
 (g) 82 Com. Jour. 397; 87 ib. 365; 
 97 ib. 240; 106 ib. 289. The fines 
 are now paid into the Fee Fund, and 
 are not received by the sergeant. 
 
 (ft) May, p. 109. 
 
 (;') Ante, p. 4. 
 
 (f) May, pp. 89 and 100. The 
 House of Commons is not strictly a 
 superior Court, although its warrants 
 are construed in like manner. This 
 will appear infra, p. 138. 
 
 (fc) Wyman v. Knight, 39 Ch. D. 
 165; 57 L. J. Ch. 886; 59 L. T. J64; 
 37 W. R. 76. Cazet v. de la Borde, 
 23 W. R. 110. For the Form, see 
 App. I. 3.
 
 WARRANTS AND ORDERS. 
 
 the property in question. A previous demand of possession is 
 not necessary (Z). 
 
 For the fee payable, see post (m). There is no poundage (w.) Fee. 
 
 Attachment. 
 
 This writ issues to arrest for a contempt of Court (o). It is Attach- 
 considered as issued on the first moment of the day of issue (j?), ment fo1 ' 
 and must be indorsed with a recital of the particular contempt. P? em P ' 
 
 The duty of the sheriff is to take the defendant and keep him ment> 
 in custody, so that he may have him in court at the return of duty, 
 the writ. 
 
 The property of a defendant may be taken in execution not- 
 withstanding an attachment (5). 
 
 Where this writ had issued against a party to an action for Breaking 
 non-compliance with an order for the delivery over of deeds and doors, 
 documents, the officer charged with the execution might, it was 
 held, break the outer door of the party's house in order to 
 execute it (r) ; and where a defendant was committed under 
 sec. 5 of the Debtors Act, 1869, for non-payment of a debt, it 
 was decided that sec. 14 of the Sheriffs Act, 1887 (s), did not 
 apply, the attachment being not for debt, but for contempt (<). 
 
 For the fee payable, see post (M). There is no poundage (v). Fee - 
 
 Bench Warrant. 
 
 This warrant is issued by a judge of the High Court to bring Bench 
 before him any person charged with felony (w), or by a judge of warrant. 
 assize in case of felony or misdemeanour (). 
 
 When 
 issued. 
 
 Capias ad Bespondendum. 
 
 This writ is employed only in outlawry. The sheriff's duty 
 is to take the defendant and produce him in Court (y). 
 
 Capias Utlagatum. 
 
 This writ, which is practically obsolete, issues in cases of 
 outlawry, and requires the sheriff to take the defendant and 
 have him in Court on a certain day (z). 
 
 (1) Cons. Ord. xxix., 1. 
 
 (m) Page 175. 
 
 (n) R. v. Sheriff of Devon, 3 Dowl. 
 10. 
 
 (o) For form, see App. I. 4. 
 
 (p) Smallcombe v. Buckingham, 
 Carth. 419. See Clarke v. BradlaugJi, 
 8 Q. B. D. 63. 
 
 (q) Roberts v. Ball, 1 Jur. N. S. 
 585 ; Hide v. Pettit, 1 Ch. Ca. 91 ; 
 Welh v. Gibbs, 3 Beav. 399. 
 
 (r) Harvey v. Harvey, 26 Ch. D. 
 644; 51 L. T. 508; 33 W. E. 76; 48 
 
 Capias ad 
 
 Responden- 
 
 dnm. 
 
 When 
 
 issued. 
 
 Capias 
 utiagatum. 
 When 
 issued. 
 
 J. P. 468. 
 
 (s) This section is apparently ob- 
 solete. 
 
 (<) Mitchell v. Simpson, 23 Q. B. D. 
 373 ; 25 ib. 183 ; 58 L. J. Q. B. 425. 
 
 (M) Page 175. 
 
 00 R. v. Palmer, 2 East, 411 ; R. 
 V. Sheriff of Devon, 3 Dowl. 10. 
 
 (w>) 1 Ch. Cr. Law, 36. 
 
 (z) 16. 339. For Form, see App. I. 
 5. 
 
 (y) Sec Crown Office Forms. 
 
 (0 Ibid.
 
 10 
 
 EXECUTIVE OFFICERS. 
 
 Contnmace 
 capiendo, 
 
 When 
 issued. 
 
 To be pro- 
 duced in 
 Court 
 
 and 
 
 delivered 
 to the 
 sheriff. 
 
 Exigent. 
 
 Extent. 
 
 When 
 
 issued. 
 
 What may- 
 be taken. 
 
 Goods. 
 
 Lands. 
 
 What may 
 not be 
 taken. 
 
 Goods. 
 
 Contumace Capiendo. 
 
 This is employed for the attachment of a contumacious clergy- 
 man, and is issued either with or without proclamations (a). 
 
 The duty of the sheriff is to take the defendant and keep him 
 in custody pending the order of the Court. 
 
 The provisions of 5 Eliz. c. 23, s. 2, incorporated by 53 Geo. 3, 
 c. 127, s. 1, that this writ should be brought into the Court of 
 Queen's Bench, and there, in the presence of the justices, be 
 opened and delivered of record to the sheriff, are not impliedly 
 repealed by 12 & 13 Viet. c. 109, s. 26. Where, therefore, a 
 clergyman was arrested on this writ without this formality 
 being complied with, he was ordered to be discharged from 
 custody (b). 
 
 Exigent. 
 
 By this writ, which is practically obsolete, the sheriff is 
 required to take the person named therein and render him in 
 Court on a certain day (c). 
 
 Extent. 
 
 This writ is the one employed by the Crown to recover a debt 
 due to itself (d). 
 
 Under it the debtor may be taken and imprisoned, the Debtors' 
 Act, 1869, which abolished imprisonment for debt not extending 
 to those at the suit of the Crown (e). Arrest is not now, however, 
 usually resorted to (/). 
 
 " The sheriff is authorised to take on one writ the person, 
 goods, lands, and debts" of the debtor (#). All goods and 
 chattels except necessary victuals of himself and family, and 
 oxen and beasts of the plough (1i), including those conveyed 
 away fraudulently to defeat the execution (i) and specialties (&). 
 
 The sheriff may concurrently seize the lands of the debtor. 
 A freehold estate (I) and that vested in trustees (m), an equity 
 of redemption (n), and an equitable mortgage by deposit, if there 
 is reason to believe that the mortgagee knew of the claim of the 
 Crown (o), may be seized, and so may leaseholds either as goods 
 or lands ( p). 
 
 As to what cannot be taken, this includes goods pawned or 
 pledged or demised or lent prior to the teste of the writ for a 
 
 (a) For Form, see App. I. G. 
 (6) Dale's Case, 6 Q. B. D. 376. 
 
 (c) For the Form, see Crown Office 
 Enles. 
 
 (d) For Form, see App. I. 7. 
 
 (e) In re Smith, 2 Ex. D. 47. 
 
 (/) It. v. Kinnear, 3 Price, 566; 
 B. v. Plan, ib. 94. 
 
 (f/) Chit. Prerog. 2C2, 264. 
 (1) West, Extents, p. 172. 
 
 (0 West, Extents, p. 115. 
 
 (&) Ibid. p. 171. 
 
 (Z) Harbert, 3 Rep. 12. 
 
 (m) Ibid. 
 
 () Wat. 2nd cd. 367. 
 
 (o) Broughton v. Davis, 1 Price, 
 216; Casberd v. Att.-Gen., 1 Dan. 
 238. 
 
 (p) Wat. p. 361.
 
 WARRANTS AND ORDERS. 
 
 11 
 
 term certain, during the term or wherever a tliird person has a 
 lien as an agent or factor or otherwise (3) until such lien is 
 satisfied (r). And it is the same with a sum of money payable 
 on a negotiable instrument not arrived at maturity (s), and with 
 properly vested in trustees for a bankrupt (2), or assigned to 
 creditors without fraud (M). 
 
 As to lands, wheie a judgment has been obtained against Lands, 
 them before the commencement of the Crown suit, whether an 
 elegit thereunder has been sued out or not, they are not seize- 
 able (), nor are copyholds (ZP), nor those vested in a purchaser 
 or mortgagee (*). 
 
 Under an extent against partners the rule is the same as that Partners, 
 under a fi. fa. (?/). 
 
 An appraisement must be made by a jury summoned for the Appraise- 
 
 purpose (z). ment. 
 
 Where writs of the subject and of the Crown concur, that of Priority, 
 the Crown takes priority so long as that at the suit of the 
 subject remains unexecuted (a), " in other words, until the 
 property in the goods is changed " (6). And this priority 
 extends as against the landlord for rent due (c), and also to 
 growing crops (d). 
 
 And where the Crown has a lien, asunder the excise laws (e), 
 it will override that of the subject (/). It is, however, only 
 commensurate with the interest of the debtor (</), but can only 
 be discharged by an actual bond fide sale (Ji). The fees payable Fees. 
 are stated post ('). There is no poundage (ft). 
 
 Levari Facias. 
 
 This writ issues against the inhabitants of a township or a Levari 
 
 Crown debtor, on conviction and fine (Z). facias. 
 
 In the latter case, where there is imprisonment, the writ may When 
 
 issue before the expiration of the term of imprisonment (m). issued. 
 
 If the debtor's goods be bond fide sold, the claim of the Crown 
 
 (q) R. v. Lee, 6 Price, 369. 
 
 (r) West, p. 116. 
 
 () Wat. p. 369. 
 
 (0 R. v. Marsh, McLel. & Y. 259. 
 
 () West, p. 115. 
 
 (r) West, p. 160. 
 
 (zc) R. v. Ld. Ll-ile, Parker, 195. 
 
 (z) 18 & 19 Viet. c. 15, s. 11 ; and 
 see R. v. Lambe, McLel. 402; 13 
 Price, 649 ; and 28 A: 29 Viet. c. 104, 
 s. 48; and 29 & 30 Viet. c. 39. s. 42. 
 
 (y) R. v. Sanderson, Wight, 50 ; 
 and see post, p. 2<>. 
 
 0) West. p. 115. 
 
 (a) Per Macdonald, C.B. : R. v. 
 WtUi, 16 East. 278, n. 
 
 (?>) Per Chitty, J. : Att.-Gen. v. 
 Leonard, 38 Ch. D. 626 : 23 L. T. 
 
 71 ; 4 Ti. Eep. 479. 
 
 (c) 8 Anne, c. 14, s. 1. 
 
 (d) 56 Geo. 3, c. 50. 
 
 (e) Att.-Gen. v. Warmesley, 12 M. 
 i: W. 179 ; 13 L. J. Ex. 66. 
 
 (/) 7 & 8 Geo. 4, c. 53, s. 28; 
 44 Viet. c. 20. s. 24. 
 
 (0) E. v. Topping, McLel. & Y. 
 544. 
 
 (A) Att.-Gen. v. Trueman, 11 M. & 
 W. 694 ; 13 L. J. Ex. 70. 
 
 (0 Page 175. 
 
 (k) R. Y. Sheriff of Devon, 3 Dowl. 
 10. 
 
 (Z) For Form, see Crown Office 
 Rules. j 
 
 (m) R. v. WooJf. 2 DT& Ad. 609 ; 
 1 Chit. 428.
 
 12 
 
 EXECUTIVE OFFICERS. 
 
 Ne exeat 
 regno. 
 
 When 
 issued. 
 
 Duty. 
 Fee. 
 
 will be defeated unless there be alien, as in the case of duties of 
 excise (n). 
 
 Ne Exeat Regno. 
 
 This writ issues when there is reason to believe that a person 
 is about to quit the country whose presence is required in the 
 course of proceedings then pending, and the Court is satisfied 
 that his absence will embarrass the plaintiff in such proceed- 
 ings (o). 
 
 The duty of the sheriff is to take the defendant, arid keep him 
 until he give the required security; but, alter final judgment 
 in the action, he must be discharged (jp). 
 
 For the sheriff's fee, see post (5). 
 
 N'icumenio 
 amovendo. 
 When 
 issued. 
 
 Duty. 
 
 Tipstaff. 
 
 Warrants 
 and orders 
 of com- 
 mittal. 
 
 Jurisdic- 
 tion to 
 issue. 
 
 Duty. 
 Fee. 
 
 Nocumento amovendo. 
 
 This writ issues to remove a wall or other thing which has 
 been adjudged a nuisance (r). 
 
 The sheriff's duty is to remove the nuisance according to the 
 terms of the writ. 
 
 THE TIPSTAFF. 
 
 Warrants and orders of committal of the High Court are 
 delivered to this officer for execution (s), and, as has been 
 already seen, where the order is verbal, it is of equal force with 
 a warrant (<). 
 
 Superior Courts have power to punish by fine and imprison- 
 ment for contempt, whether committed in the face of the Court 
 or not (M). But where the warrant recites an order which is 
 clearly informal and bad, it will afford no justification (v). 
 
 The duty of the tipstaff is to arrest the defendant, and deliver 
 him over for detention to the gaoler. 
 
 The fee payable on an arrest is 1 Is., together with reason- 
 able charges for travelling, &c. 
 
 THE GAOLER. 
 
 Gaoler. The order of the Lords to this officer requires him to detain 
 
 Lords' the prisoner "during the pleasure of the House" (M?). The 
 order. duration of the session is immaterial in this case (a;). 
 
 (n) Att.-Gen. v. Ford, 8 Price, 364, 
 and see supra. 
 
 (o) For the Form, see App. T. 8. 
 The writ is ordinarily now issued in 
 connection with applications under 
 sec. 6 of the Debtors Act, 1869. 
 
 (p) Hume v. Druyff, 8 Ex. 214. 
 
 (q) Page 175. 
 
 (r) For Form, see App. I. 9. 
 
 (s) For the Form, see App. I. 10. 
 
 (0 Page 4. 
 
 (w) 4 Black. 285, and see Van 
 Sandau v. Turner, 6 Q. B. 773. 
 
 (v) Green v. Elgie, 5 ib. 99 ; Ex 
 parte Fernandez, 10 C. B. N. S. 3. 
 
 (ic) For Form, see App. I. 11. 
 
 (a;) Per Denman, C.J. : Stockdale 
 v. Hansard, 9 A. & E. 1 ; 43_Lords 
 Journ. 105.
 
 WARRANTS AND ORDERS. 
 
 13 
 
 The warrant of the Speaker is to the same effect (y) ; but, on 
 the prorogation of Parliament, the prisoner is entitled to imme- 
 diate discharge (z). 
 
 In the case of the writs of the High Court, a statutory duty 
 is imposed on the gaoler to detain the prisoner (a) ; and where 
 a prisoner is brought up by the serjeant-at-arms, an order is (if 
 necessary) made to turn him over to the gaoler (&). 
 
 As to the warrant of committal which is executed by the 
 tipstaff, where the committal is by way of punishment and not 
 by way of process, it ought to be certain as a sentence, and the 
 term of imprisonment should be specified (c). 
 
 In the case of prisoners sentenced at the assizes, there is no 
 warrant, but a copy of the calendar is delivered to the gaoler, 
 and is the authority under which he detains the prisoners. 
 This is signed by the judge (d). 
 
 Where persons are committed for seditious libel or contempt, 
 they are to be treated as first-class misdemeanants (e). 
 
 But this does not apply to a prisoner committed for acting as 
 a solicitor when not duly qualified (/). 
 
 On the receipt of a pardon or remission, or order of release, or 
 to admit to bail, the gaoler must release according to the terms 
 thereof (<7). 
 
 In attachment and committal, if the term of imprisonment 
 does not appear on the writ or order, application to the Court 
 must be made for discharge (h~) ; but no such application is 
 necessary where the term does so appear (i). 
 
 A person sentenced to imprisonment for one calendar month 
 is entitled to be discharged on the day of the succeeding month 
 immediately preceding the day corresponding to that from which 
 his sentence takes effect (j). And the time runs from the date 
 of the warrant of commitment, and not from that of the original 
 arrest (&) ; and when the term expires on a Sunday, the prisoner 
 is entitled to discharge on the preceding day (Z). 
 
 A prisoner is not to be discharged if the surgeon certify 
 unfitness, unless he requires to be so (rw). On discharge, he 
 
 are a branch of the Royal Preroga- 
 tive. They do not, therefore, fall in 
 this category, but, of course, must 
 receive the like attention. 
 
 (h) Nalty v. Aylett, 30 L. T. 783 ; 
 Greaves v. Keane, 4 Ex. D. 73. 
 
 (i) Re Edwards, 21 Ch. D. 230. 
 
 (?) Migotti v. Colvill, L. R. 4 
 
 C. P. D. 233. 
 
 (ft) Henderson v. Preston, 21 Q. B. 
 
 D. 362; 4 Ti. Rep. 632, 696; 36 
 W. K. 83; 57 L. J. Q. B. 607; 52 
 J. P. 820, and see Boicdler's Case, 17 
 L. J. Q. B. 243; 12 Q. B. 612; 12 
 J. P. 708. 
 
 (Z) 2 & 29 Viet. c. 126, s. 41. 
 (m) Ibid., Sched. I., r. 10. 
 
 Speaker's 
 warrant. 
 
 High 
 Court. 
 
 ((/) For Form, see App. I. 12. 
 (z) May, p. 109. 
 (a) 28 & 29 Viet. c. 126, s. 82. 
 (6) For Form of Order, see App. I., 
 No. 12a. 
 
 (c) Crawford, 13 Q, B. 629 ; R. \. 
 James, 5 B. & Aid. 894, and see In re 
 Coblett, 1 Q. B. 187. 
 
 (d) R. v. Bethel, 5 Mod. 22 ; Christ. 
 Black, iv., 4044. 
 
 (e) 40 & 41 Viet. c. 21, ss. 40, 41. 
 (/ ) Oslorne v Hillman, 18 Q. B. D. 
 
 471 ; 56 L. J. Q. B. 263 ; 56 L. T. 
 808 ; 3o W. R. 397 ; 51 J. P. 437. 
 
 (3) For the Forms, see App. 1., 13, 
 14, 'and cf. 22 and App. II., No. 9a. 
 As to licenses, see 27 & 26 Viet. c. 
 112, Sched. Pardons and remissions 
 
 Assizes. 
 
 First class 
 misde- 
 meanants. 
 
 Pardon, 
 release, 
 bail. 
 
 Discharge.
 
 14 
 
 EXECUTIVE OFFICERS. 
 
 Habeas 
 corpus. 
 
 Commit- 
 ment, copy 
 
 is entitled to Ids clothes, unless destroyed, in which case proper 
 clothing is to be provided (n). 
 
 On receipt of a habeas corpus or of an order to produce in 
 Court, which is to the eame effect (o), the gaoler must produce 
 the body of the prisoner in the Court as required. 
 
 In the case of a habeas corpus, the Lord Chancellor would 
 appear to have ex officio the right to issue this writ in any case 
 of a person under disability which appears to him to be a proper 
 one for such issue (p). 
 
 This officer is also required, within six hours after demand, 
 fa deliver a true copy of the commitment of any prisoner in his 
 custody (5), and this has been held to apply to the case of a 
 person detained under warrant of the Chief Secretary for 
 Ireland (r). 
 
 (n) Sched. I., r. 24. 
 
 (o) 16 & 17 Viet. c. 30, s. 9. For 
 the Forms, see App. I., 15, and App. 
 II., 19. 
 
 (^)) See the remarks of the L. C. 
 in Re Jackson, 55 J. P. 246; 39 
 
 W. E. 407 ; 64 L. T. 679. 
 
 (q) 31 Car. II. c. 2, s. 5, penalty 
 for neglect or refusal 100 for first 
 offence, and 200 and discharge from 
 office for second offence. 
 
 (r) Sedley v. Arbouin, 3 Esp. 173.
 
 WARRANTS AND ORDERS. 
 
 15 
 
 2. THE KING NOT A PAETY. 
 
 The principal point for consideration in regard to the execu- 
 tion of warrants and orders to which the king is not a party is 
 as to the breaking of doors ; and the general rule is, that in 
 such cases outer doors cannot be broken. 
 
 In Semayne's case it was resolved that, (4.) " In all cases where 
 the door is open the [officer] may enter the house, and do execu- 
 tion about suit of any subject either on building or on goods. 
 But it is not lawful on request made and denial, at the suit of 
 a common person, to break the defendant's house so as to execute 
 any process at the suit of any subject " (a). 
 
 If an officer attempt to force his way into a house in execution 
 of civil process, and be resisted and killed, it is manslaughter 
 only (&). 
 
 On the other hand, where a person conceals himself or deposits 
 his goods in the house of a third party, in order to defeat the 
 execution, the doors of such house may be broken. 
 
 In the same principal case it is laid down that, (o.) The 
 house of any one is nut a castle or privilege, but for himself, 
 and shall not extend to protect any person who flies to his house, 
 or the goods of any other person which are brought or conveyed 
 into his house, to prevent a lawful execution and to escape the 
 ordinary process of law ; and therefore in such case, after denial 
 on request made, the [officer] may break the house. But he 
 does this at his peril; for, if it turn out that the defendant 
 was not in the house, or had no property there, he is a tres- 
 passer (c). 
 
 These rules extend to dwellings only, and not to outhouses (d). 
 
 If he be forcibly ejected after lawful entry, he may break 
 open to re-enter (e). 
 
 Having obtained admission, he may break inner doors, although 
 defendant be not therein at the time (/) ; but he must first 
 demand admittance (</), and cupboards, trunks, &c., may be 
 broken (/<). 
 
 If by lifting the latch of the outer door or opening in the 
 ordinary way, he enters, he is justified if he had reasonable 
 ground (i) to believe that the execution-debtor or his goods were 
 
 2. King 
 not a 
 party. 
 
 Breaking 
 doors. 
 
 (a) 5 Coke, 91. 
 
 (6) 1 East, P. C. 321. 
 
 (c) Johnson v. Leigh, I Marsh. 
 565 ; 6 Taunt. 246. 
 
 (d) Fenton v. Browne, 1 Sid. 141. 
 (>) Eaijk-ton v. Guttriflyf, 11 M * 
 
 W. 405. 
 
 f /) Lee v. Gansel, Cowl ; Lofit. p. 
 374. 
 
 (g) Eatcli/e v. Burton, 3 B. & P. 
 223. 
 
 (Ji) Lee v. Gansel, ubi supra. 
 
 () Sec the cases, post, p. 82. 
 
 Third 
 
 person's 
 
 house. 
 
 Officer 
 breaks at 
 his peril. 
 
 Inner 
 doors. 
 
 What a 
 breakine
 
 16 
 
 EXECUTIVE OFFICERS. 
 
 Entry 
 obtained 
 by fraud. 
 
 Window. 
 
 Breaking 
 out. 
 
 Breaking 
 does not 
 affect exe- 
 cution on 
 goods. 
 
 Arrest on 
 unlawful 
 
 entry. 
 
 Continuing 
 in posses- 
 sion. 
 
 Time. 
 
 Privilege. 
 
 there (j ). The lifting of such a latch, or drawing back a sliding 
 bar in the ordinary way, is not a breaking (&). 
 
 The house where the execution-debtor resides that is, where 
 he sleeps may be considered to be his own house, although he 
 is not the proprietor thereof (Z). 
 
 The entry is not illegal by reason only of being obtained by 
 fraud or deceit (m). 
 
 If a hole in the outer wall be intended for a window or door, 
 the officer is justified in entering, otherwise not (n). If a window 
 be shut, but not fastened, it may not be opened (o). 
 
 The officer being lawfully inside, may break the outer door 
 in order to carry away the goods seized (p) ; and it has been 
 held that, where a sheriff breaks a house to seize goodp, the 
 execution is valid, although he is a trespasser (5). 
 
 If the original entry is unlawful, so is the continuance there, 
 and the officer cannot avail himself of such entry to execute a 
 warrant of arrest (r). An arrest effected by the illegal breaking 
 of a door is altogether void, and renders the officer liable to 
 action not only for the breaking, but also for the assault and 
 false imprisonment (s). 
 
 Continuing on premises more than a reasonable time, or 
 beyond that allowed by law, is good ground for an action of 
 trespass (<), and the officer cannot plead justification in such 
 case (w). 
 
 As to the sheriff, if he continue in possession after the return 
 day of the writ he becomes a trespasser ab initio (f), but this will 
 not subject him to the allegation of a new trespass after the 
 acts which he justifies under the execution (tc). 
 
 It appears that execution may take place at any time (a), but 
 that on a Sunday is not permissible (?/), except in the case of a 
 subsequent arrest after an escape (z). 
 
 TVliere privilege exists it may be claimed. But this does 
 not concern the officer (a), except in the case of ambassadors 
 and their servants, and clergymen, the arrest of whom as has 
 been seen is a misdemeanour (6). 
 
 (j) Morrish v. Murray, 13 M. & W. 
 57. 
 
 (A-) Ryan v. Sliilcock, 7 Ex. 77 ; 21 
 L. J. Ex. 58. 
 
 (0 Sheers v. Brooks, 2 H. Bl. 122. 
 
 (m) B. v. Backhouse, Lofft. 61. 
 
 (n) Whaley v. Williamson, 7 C. & 
 P. 29-t. 
 
 (o) Nash v. Lucas, L. E. 2 Q. B. 
 590. 
 
 (|>) Pugh v. Griffith, 3 N. & P. 187. 
 
 (g) Percival v. Stamp, 9 Ex. 167. 
 
 (r) Hooper v. Lane, 6 H. L. C. 535 ; 
 3 Jur. N. S. 1026 ; 27 L. J. Q. B. 75 ; 
 Humphreys \. StiUtcell, 2 Bing. X. C. 
 619; 5 Sc. 51. 
 
 0) Kerbij v. Dt nly. 1 INI. & W. 336 ; 
 
 2 Gale, 31. 
 
 (0 Ash v. Daicnay, 8 Ex. 237 ; 22 
 L. J. Ex. 59. 
 
 (u> Play fair v. Musgrore. H M. \- 
 W. 239; 3'D. & L. 72 ; 9 Jur. 783; 
 15 L. J. Ex. 26. 
 
 (c) See post, p. 152. 
 
 (tc) Aitkenlitud v. Blades, 5 Taunt. 
 198; 1 Marsh. 17. 
 
 (a;) Per Campbell, C. J. : Brown v. 
 Glenn, 16 Q. B. 257. 
 
 (y) 29 Car. II. c. 7, s. 6. 
 
 (z) Parke* v. Moore. 2 Salk. 226. 
 
 (a) Tarlton v. Fi?her, 2 Doug. (J71 ; 
 Maqnay \. Burt. 5 Q. B. 381; Ames 
 V. Waterlov;, L. K. 5 C. P. 53. 
 
 (b) Ante, p. 7.
 
 WARRANTS AND ORDERS, 
 
 17 
 
 Arrest for debt is apparently obsolete (c), except in the case Arrest for 
 of commitments in civil matters by justices (d). 
 
 THE SHERIFF. 
 
 By 50 & 51 Viet. c. 55, s. 8 (2), the sheriff is required to Sheriff. 
 execute the king's writs, and "if he shall find any resistance Posse com. 
 in such execution he shall take with him the power of the 
 county, and shall go in proper person (e) to do execution, 
 and may arrest the resisters and commit them to prison." 
 
 He is bound to enter a liberty or franchise whenever the Entering 
 writ contains the non-omittas clause liberty. 
 
 Every sheriff shall at the expiration of his term of office Outgoing, 
 make out and deliver to the incoming sheriff a correct list duty of. 
 and account under his hand ... of all rolls and writs in his 
 hand not wholly executed by him (/). 
 
 The incoming sheriff shall thereupon sign and give to the Incoming, 
 outgoing sheriff a duplicate of such account which shall be a dut 7 of - 
 good and sufficient discharge to him (0). 
 
 A sheriff shall not be called upon to return to any writ Return to 
 after the expiration of six months from the time he held writ- 
 office (h). JS'o return is now to i^sue, but a notice to him 
 shall have the same effect (/). He must if required give a Receipt, 
 receipt for the writ (./). 
 
 Delivery. 
 
 This writ issues for the recovery of ispecific chattel pro- Delivery. 
 perty (). If the same cannot be found the sheriff is to distrain When 
 the defendant by all his lands and chattels, and the writ is issued, 
 then executed in the same manner as that of distringas (/). Duty of 
 
 A judgment does not change the property in the detained sheriff, 
 chattel until satisfaction of the value found by the judgment 
 even though the satisfaction has been prevented by the bank- 
 luptcy of the defendant, and accordingly the plaintiff in an 
 action of detinue was held entitled, although the defendant 
 had become bankrupt, to have the chattel delivered to him (m). 
 
 For the sheriff's fee tee post (n). Fee. 
 
 (c) Mitchell v. Simpson, 23 Q. B. D. 
 373; 25i/j. 183; (3 Ti. Rep. 391; 58 
 L. J. Q. B. 425; 61 L. T. 248; 37 
 W. R. 7H8; 53 J. P. 328, 694. 
 
 (d) See post, p. 43. 
 
 (e) This includes the under-sheriff, 
 Dalt. 104. 
 
 (.0 oect. 28 (1). This does not 
 apply after seizure and sale: llarri- 
 ton \. 1'aynter, 6 M. & W. 387. 
 
 (<7) Sect. 28 (2). 
 
 (K) Sect. 28 (3). 
 
 (i) Order 52, r. 11 ; and see Hall 
 v. Ley. 12 C. D. 795. In the case of 
 a special bailiff, as to whirh see post, 
 p. 142, lie cannot be ordered to return : 
 D? Monmda v. DunJfin, 4 T. K. 119. 
 
 (./) Sect. 10 (1). 
 
 (/O For the Form, see App. I. 16. 
 
 (/) see pott, p. 28. 
 
 ' 7) Ex parte Drake, 5 C. D. 866 ; 
 Brinsincarl v. Harrison, L. R. 7 C. P. 
 547. 
 
 (H) Page 175. 
 
 c;
 
 18 
 
 EXECUTIVE OFFICERS. 
 
 Elegit. 
 
 When 
 issued. 
 
 Inquisition 
 to be held. 
 
 \Vhat may 
 1 e taken. 
 
 Lands 
 generally, 
 
 in trust. 
 
 Subject to 
 appoint- 
 ment. 
 
 Mansion. 
 
 Estates 
 held from 
 Crown. 
 
 Public 
 
 land. 
 
 Wife's 
 land. 
 
 No 
 
 interest for 
 subsequent 
 writ. 
 
 What may 
 not be 
 taken. 
 
 Land sold 
 or mort- 
 gaged. 
 
 Equity of 
 redemp- 
 tion. 
 
 Elegit. 
 
 This writ is employed in the execution of process against 
 the lands of the judgment debtor (o). 
 
 In order to ascertain the lauds, the sheriff must hold an in- 
 quisition Q>). There is no actual delivery in execution, but 
 on the finding of the inquisition the sheriff returns to the 
 writ (5). 
 
 The sheriff is to " make and deliver execution unto the party 
 in that behalf suing of all such lands tenements, rectories, 
 tithes (r), rents and hereditaments including lands and here- 
 ditaments of copyhold or customary tenure as the person against 
 whom execution is so sued, or any person in trust for him, 
 shall have been seize 1 or possessed of at the time of entering 
 up the said judgment or at any time afterwards or over which 
 such person shall at the time of entering up such judgment, or 
 at any time afterwards have any disposing power which he 
 might without the assent of any other person exercise for his 
 own benefit (s)." 
 
 This includes a mansion-house excepted from the leasing 
 power of a tenant for life. Estates granted by the Crown for 
 the maintenance of dignities with reversion to the Crown (f), 
 laud held by a public body for a public purpose (u), other than 
 that held not for the district generally, but for a contributory 
 place in which case it can only be taken in execution for 
 judgment debt> of such place (v), and a wife's laud vested in 
 the husband during the coverture (a-). 
 
 Where lands are taken under this writ there is no interest in 
 them seizable under a subsequent writ (^). 
 
 As to what may not be taken this includes estates vested in 
 purchasers or mortgagees (z), an equity of redemption (a), and 
 as to trust estates it has been held that wheie land is vested in 
 a long term of years in a trustee in trust to permit a person to 
 receive the rents and profits until default in payment of a rent- 
 cliarge, or until the person should insure the premises, and in 
 case of such default to pay to a third person out of the rents 
 and profits a certain rent-charge, this was not seizable under an 
 elegit against the first cestui que trust (6). But a simple trust 
 
 (o) 46 & 47 Viet. c. 52, s. 146. 
 For Form, see App. I. 17. 
 
 0>) Co. Litt. 289 b. 
 
 ((/) Barnes v. Harding, 1 C. B. 
 N. S. 568. 
 
 (r) As to ecclesiastical execution, 
 see post p. 19. 
 
 (*) 1 & 2 Viet. c. 110, s. 11 ; and 
 see 29 Car. 2, c. 3, s. 10. 
 
 (0 Davis v. Alurlborougli, 2 Swan. 
 12^ 
 
 (u) Worral Co. v. Lloyd, L. R. 1 
 
 C. P. 719. 
 
 (v) Jersey v. Uxbridge, 55 J. P. 
 165 ; 7 T. L. R. 568. 
 
 (a;) Dalt. 136; and see post, p. 2">. 
 
 (ij) 'Carter \. II in/lit s, 2 H. A; X. 
 714. 
 
 (z) 18 & 19 Viet. c. 15, s. 11. 
 
 (a) Lijsti-r v. Dolland, 3 Br. C. C. 
 478 ; 1 Yes. 431 ; Plunkctt v. Pearson, 
 2 \tk 292 
 
 (b) Hull v. GresnhiU, 4 B. & Aid. 
 684.
 
 WARRANTS AND ORDERS. 
 
 19 
 
 estate even for the life of the party is seizable (c]. A benefice 
 including the glebe of a parsonage, a vicarage, or an advowson 
 in gross, or a churchyard cannot be taken (d), but a bishop's 
 lands probably may be (e). 
 
 Rent-arrears, a rent-seek or an office is exempt. For the 
 execution creditor to be entitled to rent it must be due before 
 the delivery of the writ to the sheriff (/). But a tenant need 
 not attorn in order for the plaintiff to sue for rent subsequently 
 accruing (<;). 
 
 A remainder or reversion is not seizable (h). 
 
 The sheriff must make a return ('), where anything has been 
 done under the writ (_/). But such return is not necessary 
 to complete seizure under sect. 45 of the Bankruptcy Act, 
 1883 (&). 
 
 There is no sale under this writ (/). 
 
 For the fees payable, see post (m). The poundage is 5 per 
 ceut. on the first 100, and 2^ per cent, afterwards (n), and 
 this is confined to the yearly value (o). 
 
 Trust. 
 
 Ecclesiasti- 
 cal land. 
 
 Rent. 
 
 Remainder 
 or rever- 
 sion. 
 
 Return. 
 
 No sale. 
 
 Fees. 
 
 Poundage. 
 
 Fieri Facias. 
 This writ is employed in execution on the goods of the Fieri 
 
 facias. 
 When 
 issued. 
 
 Ecclesias- 
 tical. 
 
 judgment debtor (p). 
 
 Where the sheriff returns that the defendant is a beneficed 
 clerk and has no goods or chattels or any lay fee in his baili- 
 wick, a like writ is directed to the bishop for execution (q). 
 
 The creditor in this case must exhaust the temporal before 
 recourse to the spiritual goods (r). The liability of the bishop 
 is the same as that of the sheriff (s). 
 
 \Vhere more than one writ is in the sheriffs hands he Priority, 
 must execute that which was first delivered to him (<), unless 
 fraudulent, and in that case execute the other or others (M). The 
 fraction of a day is sufficient to give priority (t>). An execution 
 levied by a special bailiff on a subsequent writ may be recovered 
 
 (c) Scott v. Scholey, 8 East, 485 ; 
 Hele v. Bexley, 17 Beav. 14. 
 
 (</) Wat. p. 309. 
 
 (e) Bait. p. 136. 
 
 (/) Sharpe v. Key, 8 M. & "W. 379. 
 
 (g) Lloyd v. Davits, 2 Ex. 103 ; 18 
 L. J. Ex. 80. 
 
 (/O In n Smith, L. R. 9 Cli. 373. 
 
 (i iee ante. p. 17. 
 
 (/) Hoe, 5 Rep. 90 a. 
 
 (A-) Re Holfon, 2 Ti. Rep. 884. This 
 section denies to creditors the benefit 
 of ;tn executii n unless it is completed 
 before bankruptcy. 
 
 (1) Co. Lit-. 289 b. 
 
 (m) Pnge 175. 
 
 00 '29 Eliz. c. 4. 
 
 (o) Xash v. All-n. \ Dav. \- M. 11 ; 
 
 Tyson v. ParA-e, 2 Lu. Ray. 1212; 
 Salk. 333. 
 
 (p) For the Form, tee App. I. 18. 
 
 (q) Order 43, r. 3. 
 
 (r) Bromage v. Vaughan, 1 Ex. 
 223. 
 
 () Wahcijn v. Auberry, 2 Mod. 
 257 ; Pickard v. Paiton, 1 Sid. 276. 
 In the event of a vacancy in the see, 
 the writ goes to the aichbishop. 
 
 (0 Hutch inson v. Johnson, 1 T. R. 
 729. 
 
 (M) Builty v. Wimlliam, 1 Wils. 
 44; Chriitophenan v. Burton, 3 Ex. 
 160 ; IS L. J. Ex. 60. 
 
 (c) tfiimllcomb v. Buckingham, 
 l.'ni-th. 419. See Clarice v. Bradlannh, 
 8 Q. B. D. 3. 
 
 C 2
 
 20 
 
 EXECUTIVE OFFICERS. 
 
 Writ to 
 agree with 
 judgment. 
 
 Death of 
 debtor. 
 
 Death of 
 creditor. 
 
 Duty of 
 sheriff. 
 
 Payment 
 of debt. 
 
 Partners. 
 
 by the sheriff as received to his use (w?). But if he is directed 
 not to execute the first writ until a future day, he may execute 
 another delivered before that day (a-). If after execution of the 
 first there is a surplus, this must be applied to the second and 
 so on (?/). Whei e a writ is renewed it is entitled to priority from 
 the time of the original deliveiy (z) ; but while it is withdrawn 
 he cannot enter without further instructions from the execution 
 creditor, and may execute a subsequent writ without notice to 
 such creditor (a). 
 
 The writ must agree with the judgment in the mandatory 
 part (&). 
 
 If the debtor die after the writ has issued, execution may 
 be levied on goods in the hands of the executor (c). The death 
 of the execution creditor after the issue of the writ will not 
 affect the execution (d). 
 
 The duty of the sheriff is to i-eize only so much as will satisfy 
 the writ together with poundage fees and expenses (e), and 
 interest where ?t is for the recovery of money at the rate of 
 4 per cent, from the judgment or more where agreed on (/). 
 The sheriff must on seizure leave a man in possession until 
 the sale takes place (#), which must be within a reasonable 
 time (A). A seizure of part in the name of the whole is 
 good (t). 
 
 The defendant instead of allowing the writ to be executed 
 may pay the debt and costs (./); a tender before seizure is 
 equivalent to payment (&). 
 
 Where a judgment is against partners in the name of the 
 firm, execution may issue (1) against any person who has 
 admitted on tlie pleadings that he is or has been adjudged a 
 partner ; (2) against any property of the partners as such ; 
 (3) against any person who has been served as a partner with 
 a writ, of summons, and has failed to appear (7). The sheriff 
 can only sell such assets as are seizable, not book-debts or 
 goodwill (m). 
 
 No writ of execution against partnership pioperty can now 
 issue for a partner's (separate debt (). 
 
 (w) Sawle v. Paynter, 1 D. & Ey. 
 307. 
 
 (x) Kempland v. Macaulay, Peake 
 N. P. C. 66 ; Hunt v. Hooper, 1 D. & 
 L. 628. 
 
 (y) Aldred v. Constable, 6 Q. B. 
 370. 
 
 (z) Order 42, r. 20. 
 
 (a) Shaic v. Kirly. 52 J. P. 182. 
 
 (b) Wtbber v. Hutching S M. & VV. 
 311). 
 
 (c) Eanl;en v. Hurtrood, 10 Jur. 
 794; Chick v. Smith, 8 Dosvl. 337; 
 Wriyht v. Mills, 28 L. J. Ex. 223. 
 
 (d) Thorouf/hgood, Noy. 73. 
 
 (e) 15 & 16 Viet c. 7G, e. 123. 
 
 (/) Or<ler 42, r. 16. 
 
 (g) Blades v. Armidale, 1 M. & S. 
 711. 
 
 (A) Bates v. WinnfieU 2 N. & M. 
 83. 
 
 (i) Gladstone v. Padwick, L. R. 6 
 Ex. 203. 
 
 (/) Taylor v. Bekon, 2 Lev. 203. 
 
 (*) Colls v. Coates, 11 A. & E. 826 ; 
 3 P. & D. 511. 
 
 (I) Onlcr 42, r. 8. 
 
 (m) Hdmore v. Smith, 36 W. R. 
 3; of. l'i- >>< us v. Johnson, 3 iSm. & G. 
 419; 3 Jur. N. S. U75. 
 
 (?/) 53 & 54 Viet. c. 39, s. 23.
 
 WARRANTS AND ORDERS. 
 
 21 
 
 Further 
 levy. 
 
 What may 
 be taken. 
 
 Where an insufficient levy is made, there may be a further 
 levy under 1he same writ, or a second writ may issue (0). 
 
 All goods and chattels, with certain exceptions, may be .seized, 
 provided they can be sold (p), including corn, potatoes, and 
 other crops which yield an annual profit (q). But where Corn, &c. 
 growing crops had been seized and a writ of possession was 
 subsequently delivered to the sheriff" in ejectment at the suit 
 of the landlord founded on a demise made long before the is-me 
 of the fi. fa. the sheriff was not bound to sell them as they 
 could not be considered as belonging to the tenant (r). As to 
 money it is laid down by 1 & 2 Viet. c. 110, s. 12, that the Money, 
 sheriff or his officer " may and shall seize and take any money (s), 
 or bank notes (whether of the Bank of England or otherwise), 
 and any cheques, bills of exchange, promissory notes, bonds, 
 specialties, or other securities for money (), belonging to the 
 person against whose effects such writ of fi. fa. shall be sued 
 out, and may and shall pay or deliver to the party suing out 
 such execution any money or ba'ik notes which shall be so seized 
 or a sufficient part thereof, and may and shall hold any such 
 cheques, bills of exchange, promissory notes, bunds, specialties, 
 or other securities for money as a security or securities for the 
 amount by such writ of fi. fa., directed to be levied and 
 raised," and after providing for the manner of recovery, con- 
 tinues, " and may and shall pay over to the party suing out 
 such writ the money so to be recovered, or such part thereof as 
 shall be sufficient to discharge the amount by such writ directed 
 to be levied, and if after satisfaction of the amount so to be 
 levied together with sheriffs poundage and expenses any 
 surplus shall remain in the hands of such sheriff or other 
 officer, the same shall be paid to the party against whom such 
 writ shall be so issued." 
 
 In the case of a ship, seizure before sale is apparently not 
 necessary (H). 
 
 Chattel interests such as leases for years are seizable (v) ; but 
 a tenant cannot be turned out of possession when he has taken 
 a term, under an execution against the landlord (w), nor to give 
 place to a purchaser (). As to fixtures, those which may be Fixtures, 
 removed by the tenant during his term may be seized and sold 
 in execution against him, and these include arras hangings (#), 
 
 Ship. 
 Lease. 
 
 (o] Jordan v. Binc7;se, 18 L. J. 
 Q. B. 277; Gaider v. Chaplin, 18 
 L. J. Ex. 42. 
 
 (f>) Francis v. Nash, Ca. t. Hard. 
 53 ; Ltg<i v. Erans, M. ,V W. 41. 
 
 (g) 2 Gilb. Ex. 19 ; Wat. p. 253. 
 
 (r) Hodgson v. Gascoigne, 5 B. & 
 Ad. 58. 
 
 (s) This does not extend to a mere 
 debt : Wood v. Wood, 4 Q. B. 397 ; 
 Harrison v. Paynter, 6 Q. B. 387. 
 
 (<) Tuis does not include title- 
 
 deeds. But a policy of insurance 
 may be taken : Law v. London Co., 
 1 K. & J. 223 and pawnbroker's 
 pledges : Hollason v. Eollawn, 34 
 Ch. D. 495. 
 
 (w) Harley v. Harley, 11 Ir. Ch. B. 
 451. 
 
 (c) Com. Dig. Execution. 
 
 (w) Taylor v. Cole, 3 D. & E. 292. 
 
 (x) B. v. Deane, 2 Show. 85 ; see 
 Burden v. Kennedy, 3 Atk. 739. 
 
 (y) Sewell, p. 231.
 
 22 
 
 EXECUTIVE OFFICERS. 
 
 barn on blocks (z), beds fastened to ceiling (a), bins (b), 
 blinds (c), book cases (d), buildings on blocks, rollers, pillars, 
 &c. (e), cabinets (/), chimney backs ($), glasses (A), and 
 pieces (i), cider mills (,/), cisterns (&), clock cases (/), coffee 
 mills (m), collier j machines (), coo' ing coppers (o), counters (p), 
 coppers (<?), cranes (r), cupboards (s), desks and drawers (<), 
 dutch barns (w), engines (t>), fire engines (w), furnaces (a;), 
 furniture, fixtures put up as (i/), gas-pipes (z), glass fronts (V), 
 grates (6), hangings (c), iron chests (d\ and malt mills (), 
 ovens (/), safes (0), jacks (A), lamps (i), looking-glasses (j), 
 machinery let into cups or sets of timber (&), or capable of le- 
 nioval without damage to building (7), mash-tubs (rn), mills and 
 posts or erections on brick foundations (), partitions (o), pattens, 
 erections on (p), pier-glasses (g), pictures (r), plant and pipes 
 of brewers, distillers, &c. (s), presses (), pumps slightly 
 attached (w), ranges (), reservoirs (w), shelves (a;), sinks (j/), 
 shrubs planted for sale (z), stoves (a), tapestry (6), tubs (cX 
 turret clocks (d), vessels on brickwork (e), varnish houses (/), 
 vats and utensils used for trade (</), wainscot fixed by screws (h), 
 and window-sashes not beaded into frames (i). 
 
 (z) Callous v. Tu/nell, Bull N. P. 3. 
 (a) Ex parte Quincey, 1 Atk. 477. 
 (6) Am. & Fer. 278 n. 
 
 (c) Colegrave v. Dias tiantos, 1 B. 
 &C. 77. ' 
 
 (d) See note (6). 
 
 (e) Elwes v. Mawe, 3 East, 38 ; 2 
 S. L. C. 182. 
 
 (/) See note (&). 
 
 (gr) Harvey v. Harvey, 2 Str. 117. 
 
 (fc) J5eafc v. Jiefcors, 1 P. Wms. 94. 
 
 (i) Leach v. Thomas, 1. C. & P. 
 328. 
 
 O') Lawton v. Lawton, 3 Atk. 12. 
 
 (fe) See note (6). 
 
 (0 4 Burn. Ecc. Law, 7th ed. 301. 
 
 (m) B. v. Londonthorpe, 6 T. K. 
 379. 
 
 (n) See note (/). 
 
 (o) See note (c). 
 
 (^)) See note (&). 
 
 (5) Pooie, 1 Salk. 368. 
 
 (r) See note (6). 
 
 (s) B. v. Si. Dunstan, 4 B. & C. 686. 
 
 (t) See note (6). 
 
 (M) Dan v. Allarley, 3 Esp. 11. 
 
 (v) Dudley v. TFard, Amb. 113; 
 Whitehead v. Bennett, 27 L. J. Ch. 474. 
 
 (d) See note (m), swp. 
 
 (e) See note (I), sup. 
 (/) Am. & Fer. 278. 
 (gf) See note (Z), Mp. 
 (A) See note (/). 
 
 (i) Davis v. Jones, 2 B. & Aid. 165. 
 
 ( j) See note (f), swp. 
 
 (fe) Colegrave v. .D/as Santos, 1 B. 
 & C. 77. 
 
 (Z) Ward, 4 Leon. 241. 
 
 (m) See note (/). 
 
 (n) IFanZ, 4 Leon. 241. 
 
 (o) Am. & Fer., ubi sup. 
 
 (jp) Naylor\. Collinge, 1 Taunt. 19. 
 
 (#) Beak v. Bebors, ubi sup. 
 
 (r) Ibid. 
 
 (s) Lawton v. Lawton, ubi supra. 
 
 (0 See note (/). 
 
 (M) Grymes v. Bowerin, 6 Bing. 
 437 ; 3 T. & I. 333. 
 
 (v) See note (/). 
 
 (w) See note (). 
 
 (a;) See note (/). 
 
 . 
 
 () Squier v. Meyer, 2 Free. 249. 
 (?/) VcA v. Dawson, 4 N. & M. 
 22; 2 Ad. & E. 37. 
 (2) Am. & Fer. 278 n. 
 (a) Ibid. 
 
 (6) Lee v. Bisdon, 7 Tuunt. 191. 
 (c) See note 
 
 (z) 
 
 (a) B. v. $. Dunstan, ubi sup. 
 
 (6) Harvey v. Harvey, ubi sup. 
 
 (c) Colegrave v. .D/as Santos, ubi 
 sup. 
 
 (d) See note (/), swp. 
 
 (e) flora v. -Bofcer, 9 East, 215. 
 (/) Penton v. Boberts, 2 East, 88. 
 (</) Whitehead v. Bennett, ubi sup. 
 (h) See note (s), sup. 
 
 (0 B. v. Hedges, 1 Leach, C. C. 
 201 ; 2 East, P. C. 590.
 
 WAS B AXIS AXD ORDERS. 
 
 23 
 
 Under the Agricultural Holdings Act, engines, machinery, 
 fencing, &c., erected by the tenant on such a holding are primd 
 fade his property, and therefore liable to be taken in execution 
 against him (&), provided that all rent is paid, the removal does 
 nut cause damage, and such damage is made good, and the 
 landlord on a month's notice, elects not to purchase the same. 
 
 As to what m:iy not be taken, it appears that actual necessaries 
 such as to >ls, bedding, &c., to the value of 5 are exempt (Z), 
 as also is straw threshed or unthreshed, or any straw of crops 
 growing, or any chaff colder, or turnips, or -manure, compost 
 ashes or seaweed in any case whatever, or hay, grass or grasses, 
 whether natural or artificial, nor any tares, or vetches, nor any 
 roots or vegetables being produce of such lands in any case where 
 according to any covenant or written agreement entered into 
 and made for the benefit of the owner or landlord of any farm, 
 such hay, &c., ought not to be taken off or withholden from 
 such lands, or which by the tenor or effect of such covenants 
 or agreements ought to be used or expended thereon, and of 
 which covenants or agreements such sheriff or other officer shall 
 have received a written notice before he shall have proceeded to 
 sale (?). 
 
 Things which yield no annual profit, or which are produced 
 without man's labour (n) clover, rye, or artificial grass grow- 
 ing under corn, and meadow grass or fruit growing are 
 exempt (o). So also are goods which do not actually belong to 
 the defendant (p), or which have passed without fraud under a 
 bill of sale (5). These must be registered to be valid within 
 seven days of execution (r). And in these cases the sheriff is 
 not bound to interplead, but is at liberty to withdraw, though 
 the value of the goods seized exceed the sum secured by the bill 
 of sale (s). 
 
 Landlords' fixtures are also exempt. These are agricultural 
 erections (/), alehouse bar (), barns fixed (v), beast-house (w), 
 bench (*), boilers built in (?/), box border (z), carpenter's shop (o), 
 cart-house (6), chimney-pieces (c), cornices affixed (d), conser- 
 vatories (e), doors (/), dressers (</), fold-yard walls (A), fruit 
 
 (fc) 46 & 47 Viet. c. 61, s. 34. 
 
 (0 8 & 9 Viet. c. 127, s. 8. 
 
 (m) 56 Geo. 3, c. 50, ss. 1, 8. 
 
 00 2 Gilb. Ex. 19. 
 
 (o) Wat. 253. 
 
 ( j)) GlasspooJe v. Young, 9 B. & C. 
 696 ; Daicson \. Wood, 3 Taunt. 256 ; 
 Edicards v. Bridges, 2 Stark, 396. 
 
 (3) Glasspoole v. Young, ubi supra, 
 and see Richards v. Johnston, 4 H. & 
 N. 660 ; 1 F. & F. 447. 
 
 (r) 45 & 46 Viet. c. 43, s. 8. 
 
 (s) Scarlett v. Hanson, 12 Q. B. D. 
 213. 
 
 () Ehces v 3/aice, ubi sup. 
 
 (u) 2 Bl. 111. 
 
 What may 
 not be 
 taken. 
 
 Neces- 
 saries. 
 
 Farm 
 
 stuffs. 
 
 Crops 
 produced 
 without 
 labour. 
 
 Goods not 
 defend- 
 ant's. 
 
 Fixtures. 
 
 (t;) See note (<) 
 (ir) Ibid. 
 
 (a;) Am. & Fer. 68, 155. 
 (y) Jenkins v. Guttring, 2 J. & H. 
 520. 
 
 (z) Empson v. Soden, 1 N. &M. 720. 
 (a) See note (<), sup. 
 (6) Ibid. 
 
 (c) Poole, 1 Salk. 368. 
 
 (d) Avery v. Cheslyn, 5 N. & M. 
 372 ; 3 Ad. & E. 75. 
 
 (e) Buckland v. Sutterfield, 4 Moo. 
 440 ; 3 B. & B. 54. 
 
 (/) 2 Bl. 111. 
 
 (g) Ibid. 
 
 (ft) See note (t), sup.
 
 EXECUTIVE OFFICERS. 
 
 Goods 
 deposited 
 as security, 
 held by 
 lien. 
 Held by 
 trustee or 
 agent. 
 
 In hands of 
 sheriff. 
 Goods sold. 
 Goods lent. 
 
 trees and shrubs (f), fruit-house (/), glasses in panels fixed (&), 
 windows (Z), grates (m), hearth (n), keys and locks (o), ladders 
 fixed (j>), lime-kilns (</), machinery, moveable part essential to 
 fixture (r), mill machinery () or stones (t), ovens (M), parti- 
 tions (v), pillars on a dairy floor (tc), pineries fixed (x), pump- 
 house (i/), ranges and set-pots (z), racks in stables (a), salt- 
 pans (&), slabs of marble (c), statues, vases, part of design, 
 fixed (d), strawberry beds (e), tapestry fixed (/), wagon- 
 house (</), windmills (/*). 
 
 The tenant may renounce his right to remove his fixtures, 
 and, in that case, they could not be taken (z). If he mortgage 
 them, the mortgagee may enter and seize them (j) during the 
 tenancy (&). 
 
 Goods deposited as a security for a debt are not seizable (7), 
 nor those which are held by way of lien (m). Nor money in 
 the hands of a trustee for the debtor (M), or of an auctioneer 
 properly employed by him (o) ; nor that left with the sheriif in 
 part payment of the debt (pj, or by a subsequent sheriff (g). 
 Money levied by the sheriff is not seizable under a writ against 
 the creditor (r). 
 
 Cut grass in the possession of a debtor, but sold by him before 
 execution, is not seizable (s), nor goods lent on hire ; but the 
 owner of such goods must, in this instance, inf >rrn the sheriff 
 on seizure that they are lent for a term only (f) ; and in that 
 
 (t) Windham v. May, 4 Taunt. 
 316. 
 
 O') See note (f), sup. 
 
 (fc) Allen v. Allen, More, 112. 
 
 (0 11 Co. Rep. 64. 
 
 (TO) Lee v. Risdon, 1 Taunt. 191 ; 
 Richardson v. Ardley, 38 L. J. Ch. 
 308. 
 
 (n) See note (<)> sup. 
 
 (o) St. John v. Pigott, 2 Bui. 103. 
 
 (p) Wilde v. Waters, 16 C. B. 637. 
 
 (3) Thrasher v. E. London Water- 
 works, 2 B. & C. 608. 
 
 (r) Mather v. Frazer, 25 L. J. Ch. 
 361. 
 
 () Farrant v. Thompson, 5 B. & 
 Ad. 826. 
 
 (0 Am. & Fer. 64. 
 
 (w) Wynne v. Ingleby, 5 B. & Aid. 
 625. 
 
 (t>) Kinlytide v. Martin, 2 Bl. 111. 
 
 () Leach v. Thomas, 7 C. & P. 
 328. 
 
 (a;) See note (e), sup. 
 
 (i/) Elwes v. Mawe, ubi sup. 
 
 (z) See note (u). 
 
 (a) 2 Vent. 114 
 
 (6) Laicton v. Salmon, 1 H. Bl. 
 260. 
 
 (c) See note (A-), sup. 
 
 (d) See note (fc), mp. 
 
 (e) Wetherell v. Howell, 1 Camp. 
 227. 
 
 (/) D'Eyncourt v. Gregory, L. E. 
 3 Eq. 382. 
 
 (g) See note (j/). sup. 
 
 (fe) Steward v. Lambe, 4 Moo. 25; 
 1 B. & B. 506 ; R. v. Otley, 1 B. & Ad. 
 161. 
 
 (i) Dumerque v. Ramsey, 2 H. & C. 
 777. 
 
 O') London Co. v. .Drake, 6 C. B. 
 N. S. 798. 
 
 (k) Weston v. Woodcock, 7 M. & W. 
 14 ; Smith v. .Reader, 27 L. J. Ex. 85. 
 
 (1) Rogers v. Kenny, 9 Q. B. 592. 
 
 () Leggr v. .EVflH*, G M. & W. 36. 
 
 (n) France v. Campbell, 6 Jur. 
 105. 
 
 (o) Brown v. Parrott, 4 Beav. 585. 
 
 (2>) fleH v. Hutchinson, 2 D. & L. 
 43; 13 L. J. Q. B. 244. 
 
 (g) .Vasters v. Stanley, 8 Dow. 169. 
 
 (r) Wood v. TTood, 12 L. J. Q. B. 
 141. 
 
 () Tomkinson v. Russell, 6 East, 
 602. 
 
 (0 Dean v. Whitaber, 1 C. & P. 
 347.
 
 WARRANTS AND ORDERS. 25 
 
 case the sheriff can only seize the interest of the debtor (w). In hands of 
 Goods of a testator in the hands of an executor are exempt executor, 
 under a writ agaiust such executor (t>). 
 
 As to husband and wife, since the Married Women's Property Of wife. 
 Act, 1882, their property respectively continues separate in the 
 absence of settlement. By sect. 14 a husband is liable for the 
 debts of his wife, and for all contracts entered into, and for all 
 wrongs committed by her before marriage, including any liabi- 
 lities to which she may be subject under the Companies Acts to 
 the extent of all property whatsoever belonging to her which 
 he shall have acquired or become entitled to from or through 
 her, after deducting therefrom any payments made by him and 
 any sums for which judgment may have been bond fide recovered 
 against him in any proceeding at law in respect of any such 
 debts, contracts, or wrong, for or in respect of which his wife 
 was liable before her marriage (w>). 
 
 By 25 & 26 Viet. c. 89, s. 163, where any company is being Company's 
 wound up by or subject to the supervision of the Court, any effects, 
 execution put in force (x) against the estate or effects of the said 
 company after the commencement of the said winding-up shall 
 be void. Except by leave of the Court (?/). Where the sheriff 
 was in possession before, but received moneys after the com- 
 mencement of the winding-up, he was ordered to account to the 
 liquidator for all moneys so received (z). 
 
 By 30 & 31 Viet. c. 127, s. 4, the engines, tenders, carriages, 
 trucks, machinery, tools, fittings, materials, and effects, consti- 
 tuting the rolling-stock and plant used or provided by a company 
 for the purposes of the traffic on their railway, or of their 
 stations or workshops shall not, after their railway, or any part 
 thereof, is open for public traffic, be liable to be taken in execu- 
 tion. And this includes the case of plant going over to the 
 contractor on completion of the line (a). 
 
 A cost-book mining company is a partnership only (&). 
 
 Where taxes are in arrear the goods are not seizable unless Taxes in 
 the execution creditor before sale or removal pay the collector arrear. 
 such arrears, provided they be not claimed for more than one 
 year (c). 
 
 Where rent is in arrear the goods cannot be taken unless Rent in 
 before removal such arrear be paid to the landlord, provided the arrear. 
 claim be not for more than one year (d). And this is extended 
 in the case of weekly tenements, or in that of any term less than 
 
 O) Gordon \. Harper, 7 T. B. 9, (z) In re The Opera, Limited, 62 
 
 see Ward v. Macau/ay, 4 D. & E. L. T. 859; 64 ib. 313; 38 W. K. 
 
 489. 637 ; 39 ib. 398 ; W. N. (90) 104. 
 
 (0) Farr v. Newman, ib. 621, see (a) Beezton v. Marriott, 4 Giff. 
 
 Whale v. Booth, ib. 642. 436 ; 11 W. R. 896. 
 
 (ic) 45 & 46 Viet. c. 75. (6) 1 Lind. 4th ed. p. 694 ; see 
 
 (z) See In re Land. v. Devon Co., ante, p. 20. 
 L. E. 12 Eq. 190. 00 43 & 44 Viet. c. 19, s. 88 (1). 
 
 (y) Sect, 87. (<l) 8 Anne, c. 14, s. 1.
 
 26 
 
 EXECUTIVE OFFICERS. 
 
 Tenant's 
 fixtures. 
 
 Landlord, 
 whom 
 under Act 
 of Anne. 
 
 Tenancy to 
 be in exist- 
 ence. 
 Notice. 
 Removal of 
 goods. 
 Sheriff to 
 withdraw 
 unless 
 landlord 
 take 
 under- 
 taking. 
 
 Bona fides 
 of claim. 
 
 Venditioni 
 expontts. 
 
 What. 
 
 Bank- 
 ruptcy 
 superven- 
 ing. 
 
 a year to four such terms (e) ; and applies also to the case of 
 growing crops (/). 
 
 Where a tenant's fixtures become the property of the landlord 
 b} T tlie terms of the Agricultural Holdings Act not having been 
 complied with (g), they cannot be seized in execution against 
 the tenant. 
 
 As to the above-cited statute of Anne, it has been held not to 
 apply to a ground landlord (h), but it des to a lessee and 
 under-tenant (i). It also applies to forehand rents (/). 
 
 The tenancy must be actually in existence at the time of 
 seizure (&), but the claim of the landlord is confined t rent due 
 at that time (/). The sheriff must have notice of such claim 
 while the goods are in his hands (m), or knowledge thereof, 
 which is equivalent thereto (n). The goods must be actually 
 removed for tlie Act to apply (o), and the fact that a sufficient 
 distress remained is no defence (p). In such case the sheriffs 
 duty is to withdraw (5), unless the landlord's agent takes from 
 the officer an undertaking and consents to the sale (r). 
 
 The sheriff must inquire into the bona fides of the claim (s) ; 
 but the execution-creditor, if he assents to the proceedings, can- 
 not afterwards turn round if a mistake has been made (<). 
 
 Venditioni Exponas. 
 
 This writ is in aid of that of fi. fa, and is a command to the 
 sheriff to sell the goods (a). On receipt thereof it is his duty to 
 sell for as much as he is able (v). He need not, of course, delay 
 sale until the issue of this writ. 
 
 By 53 & 54 Viet. c. 71, s. 11 : (1.) Where the goods of a debtor 
 are taken in execution, and before the sale thereof, or the com- 
 pletion of the execution by the receipt or recovery of the full 
 amount of the lev}*, notice is served on the sheriff (c) that a 
 receiving order has been made against the debtor, the sheriff 
 
 (e) 7 & 8 Viet. c. 96, s. 67. 
 
 (/) 14 & 15 Viet. c. 25, s. 2. 
 
 (g) 46 & 47 Viet. c. 61, s. 34, see 
 ante, p. 
 
 (A) Bennett, Stra. 787. 
 
 (i) Thurgood v. Richardson, 1 Bing. 
 428. 
 
 (_/) Harrison v. Barry, 1 Price, 
 690 ; Yates v. Rutledge, 5 H. & N. 
 249 ; 29 L. J. Ex. 117. 
 
 (A-) Cox v. Leigh, L. R. 9 Q. B. 
 333 ; 22 VV. R. 730 ; 30 L. T. N. S. 
 444. 
 
 (/) Reynolds v. Barford, 1 M. & G. 
 449; 8 Sc. N. R. 2H3 ; 2 L). & L. 
 327; 8 Jur. 961 ; 13 L. J. C. P. 177. 
 
 (in) Armitt v. Garnett, 3 B. & Aid. 
 440. 
 
 (n) Andrews v. Dixon, ib. 645. 
 
 (o) White v. Binstead, 13 C. B- 
 304; 22 L. J. C. P. 115. 
 
 O) Colyer v. Speer, 2 B. & B. 67. 
 
 (g) Foster v. Hilton, 1 Dow. 35 ; 
 Cocker v. Mu^grove, 15 L. J. Q. B. 
 365 ; 9 Q. B. 223 ; 10 Jur. 922. 
 
 (r) Rothery v. Wood, 3 Camp. 24. 
 
 (s) Frost v. Barclay, 3 Ti. Rep. 
 617. 
 
 (0 Stuart v. WhitaTcer, Ry. & M. 
 310. 
 
 (M) Cameron v. Reynolds, Cowp. 
 406. For the form, see App. I. 19. 
 
 (r) Keightley v. Birch, 3 Camp. 
 524. 
 
 O) That on the bailiff is not 
 sufficient : Ex parte Warren, 15 
 Q. B. D. 48.
 
 WARRANTS AND ORDERS. 
 
 27 
 
 shall on request deliver the goods, and any money seized or 
 received in part satisfaction of the execution, to the official 
 receiver or trustee under the order, but the costs of the execu- 
 tion () shall be a first charge on the goods or money so delivered, 
 and the official receiver or trustee may sell the goods, or an 
 adequate part thereof, for the purpose for satisfying the charge. 
 (2.) Where under an execution in respect of a judgment for a 
 sum exceeding 20, the goods of a debtor are sold, or money is 
 paid in order to avoid sale, the sheriff shall deduct the costs of 
 the execution (x) from the proceeds of the sale or the money 
 paid, and retain the balance for fourteen days (?/) ; and if within 
 that time notice is served on him (z) of a bankruptcy petition 
 having been presented against or by the debtor, and a receiving 
 order is made against the debtor thereon, or on any other peti- 
 tion of which the sheriff has notice, the sheriff shall pay the 
 balance to the official receiver, or, as the case may be, to the 
 trustee, who shall be entitled to retain the same as against the 
 execution creditor. 
 
 Where the sheriff is in possession under several writs, and 
 receives notice as above, only those writs are entitled to be paid 
 which are for less than 20, and which would have been paid 
 had not bankruptcy supervened (a). And where he has several 
 writs it is immaterial under which he sells (&). 
 
 The goods must be sold within a reasonable time after 
 seizure (c) and before the return of the vend. exp. (d). He is 
 responsible for their safe custody until sale (e). The sale must 
 be for not much below the real value (/), and is for ready 
 money and immediate delivery. He is not therefore justified 
 in selling more than necessary to satisfy the writ on the specu- 
 lation that the actual delivery may be prevented by loss or 
 accident (#). If an adequate price be obtained they must be 
 sold, and the plaintiff may be the purchaser (A). If not sold 
 he must return that they remain in his hands for want of 
 buyers (). 
 
 Where a tenant entered under an agreement for a lease and 
 paid the stipulated rent, it was held that a tenancy from year 
 to year was created, which the sheriff might sell under this 
 writ (/). Where a lease and fixtures are taken they may be 
 
 (x) See the cases, post, p. 178. 
 
 (y) Tnese run from time of sale, 
 and not from that of receipt of pro- 
 ceeds by sheriff: Ex parte Boss, 21 
 Q. B. D. 472 ; 36 W. K. 845 ; 88 L. J. 
 Q. B. 19; 59 L. T. 341. 
 
 (z) That on the bailiff is not suf- 
 ficient : Bellyse v. M'G-inn, [1891] 2 
 Q. B. 227. 
 
 (a) In re Pearce, 14 Q. B. D. 966. 
 
 (b) Jones v. Atherton, 1 Taunt. 56 ; 
 2 Marsh. 375; Drewe v. Lawson, 11 
 Ad. & E. 529 ; 3 P. & D. 245. 
 
 (c) Bates v. Wingjield, 2 X. \- M. 
 
 Within 
 
 reasonable 
 
 time. 
 
 Safe 
 
 custody. 
 
 Keal value 
 
 Ready 
 
 money. 
 
 Immediate 
 
 delivery. 
 
 Must be 
 
 sold, when. 
 
 Return 
 
 otherwise. 
 
 Annual 
 tenancy. 
 Lease and 
 fixtures. 
 
 831. 
 
 (d) Jacobs v. Humphrey, 2 C. & M. 
 413. 
 
 (e) Sly v. F inch, Cro. Jac. 518. 
 (/) Keightley v. Birch, ubi supra; 
 
 and see Edge v. Kavanagh, 24 L. K. 
 Ir. 1. 
 
 (g) Aldred v. Constable, 6 Q. B. 
 370 ; Cook v. Palmer, 6 B. & C. 739. 
 
 (h) Leader v. Danvers, 1 B. & P. 
 360. 
 
 (i) Keightley v. Birch, ubi supra. 
 
 (/) Westmoreland v. Smith, 1 M. & 
 R. 137.
 
 28 
 
 EXECUTIVE OFFICERS. 
 
 Assign- 
 ment of 
 term. 
 
 Payment. 
 
 Farm pro- 
 duce. 
 
 Auction 
 
 when 
 
 advertised. 
 
 Fees. 
 
 sold separately if there is difficulty in finding a purchaser for 
 the whole (&) ; and where an outgoing tenant has agreed to 
 assign the remainder of his term, it may be sold be fore an actual 
 assignment, and have set on it the value agreed to be given (I). 
 
 If payment is made to the sheriff before sale, that is a bar to 
 further execution (m). 
 
 By 56 Geo. 3, c. 50, s. 3, the sheriff may sell the crops or 
 produce mentioned in sec. I (n) t>ubject to an agreement to 
 expend it on the land. 
 
 By 46 & 47 Yict, c. 52, s. 145, where the sheriff s 11s goods of 
 a debtor under an execution for a sum exceeding 20 (including 
 legal incidental expenses) the sale shall, unless the Court from 
 which the process issued otherwise orders, be made by public 
 auction and not by bill of sale or private contract, and shall be 
 publicly advertised on and during three days next preceding the 
 day of sale. 
 
 This section does not seem to apply where the goods are sold 
 to levy a sum not exceeding 20, including legal incidental 
 expenses, although judgment has been entered for a greater 
 sum (na), but it could probably not be evaded by selling portions 
 at different times of less than 20 if the total to be levied 
 exceeded that amount (&). 
 
 For the fees, see post (o). The poundage is 5 per week on 
 the first 100 and 2^ per cent, after (p). 
 
 Distringas. 
 
 Distrlngas. This writ, which issues against a sheriff who has gone out of 
 Wh en office and returns that he has seized the goods, but that they 
 
 issued. remain in his hands for want of buyers, is also in aid of that of 
 
 fi.fa. 
 Duty. The duty of the sheriff is expressed on the face thereof (g). 
 
 Possession. 
 
 Possession. This writ is employed in actions for the recovery of land to 
 When P u t a successful plaintiff into possession of the premises (r). 
 
 issued. The rule as to breaking doors under this writ is contained in 
 
 Breaking Semayne's Case (s), the second resohition in which is that where 
 doors. any house is recovered by any real action the sheriff may break 
 
 the house and deliver the seisin or possession to the plaintiff. 
 
 (&) Barnard v. Leigh, 1 Stark. 43. 
 
 (0 Sparrow v. Earl of Bristol, 1 
 Marsh. 10. 
 
 (m) Woods v. Finnis, 7 Ex. 570 ; 
 Gregory v. Sloman, 1 E. & B. 368. 
 
 (n) See ante, p. 23. 
 
 (na) Ex parte Berthier, 1 Ch. D. 
 882 ; Turner v. Bridget, 8 Q. B. D. 
 392 ; Mostyn v. Stock, 9 il>. 432. 
 
 (nb) Ex parte Villars, 9 Ch. 732 ; 
 Jones v. Purcell, 11 Q. B. D. 430. 
 
 (o) Page 176. 
 
 ( p) 29 Eliz. c. 4. 
 
 (q) I Chit. Arch. 575 ; Clerk v. 
 Withers. 6 Mod. 300. For Furrn, see 
 App. I. 20. 
 
 (r) Ibid. 21. 
 
 (s) 5 Coke, 91.
 
 WARRANTS AND ORDERS. 
 
 29 
 
 The sheriff's duty is to deliver the property to the plaintiff, 
 and for this purpose he must remove all persons off the premises 
 unless the plaintiff recovers only an undivided portion, in which 
 case he cannot turn persons out of possession, but can only put 
 the plaintiff in possession of the portion to which he is en- 
 titled (<). If persons be left on the premises it is not a complete 
 execution, unless the} 7 attorn to the plaintiff (u). 
 
 No notice is necessary to the persons actually in posses- 
 sion (v). 
 
 It is necessary that the plaintiff point out to the sheriff the 
 precise lands to which he is entitled (w) ; if more be taken the 
 Court will order restitution (a;), and if no person attend the 
 sheriff on behalf of the plaintiff to be put in possession, this is a 
 good return (?/). 
 
 It is usual for the lessor of the plaintiff to give the sheriff an 
 indemnity for executing the writ (z). 
 
 The delivery of part is sufficient (a), unless it be in the 
 possession of several persons, or an undivided share (&). 
 
 For the fees, see post (c). The poundage is Is. in the pound 
 on the yearly value of the lands up to 100, and 6d. in the 
 pound for every above that sum (d). 
 
 Duty. 
 
 Persons to 
 be re- 
 moved 
 
 unless they 
 attorn. 
 
 Plaintiff to 
 point out 
 lands. 
 
 Indemnity. 
 
 Delivery of 
 part. 
 
 Fees. 
 Poundage. 
 
 Supersedeas. 
 
 This is a general writ, varying in form with the previous writ guper- 
 
 issued, and requires the sheriff to supersede the execution under sedeas. 
 
 such previous writ (e). What. 
 
 THE ADMIRALTY MARSHAL. 
 
 The warrant of the Admiralty Division for the arrest of a Admiralty 
 ship, cargo, or freight, is addressed to this officer (/), and his Marshal, 
 substitutes, and commands them to detain the property men- warrant of- 
 tioned therein in safe custody until the further order of the 
 Court (g). 
 
 \\ hen this officer sends by telegram to his substitute at an Notice of 
 outport notice of the issue of the warrant, and the substitute issue - 
 communicates it to the master of the ves-sel, it is a contempt of 
 Court to move the vessel from the place where she is lying (A). 
 
 (<) 1 Chit. Arch. 851. 
 
 (u) Upton \. Wills, 1 Leon. 145. 
 
 () Minet v. Johnson, 6 Ti. Rep. 
 417. 
 
 (IP) Davenport v. Rhodes, 11 M. & 
 AY. (JOS; Thynne \.Sarl [1891] 2 Ch. 
 79 ; 64 L. T. 781. 
 
 (x) Coltingham v. King, 1 Burr. 
 627. 
 
 (y) "Wat. p. 322. 
 
 (z) Com. Dig. Ex. A. 3. 
 
 () Cottinglutm V. King,ubi sirpra ; 
 
 Floyd v. Bethel, 1 Eol. 420. 
 
 (6) Saul v. Dawson, 3 Wils. 47. 
 
 (c) Page 175. 
 
 (d) 50 & 51 Viet. c. 55, s. 39 (5). 
 
 (e) For general Form, see App. I. 
 22. 
 
 (/) Or the officer of Customs. The 
 Alexander, 1 Dods. 282 ; The Dundee, 
 1 Hagg. 124. 
 
 (;/) Order v. r. 16 (38). For the 
 Form, see App. I. 23. 
 
 (h) The Seraglio, 10 P. D. 120.
 
 30 
 
 EXECUTIVE OFFICERS. 
 
 Jurisdic- 
 tion. 
 
 Arrest 
 
 after 
 
 departure. 
 
 Service of 
 warrant. 
 
 Arrest of 
 cargo 
 
 when in- 
 cluded in 
 that of 
 ship. 
 
 When not. 
 
 Service 
 here. 
 
 Effect of 
 arrest. 
 
 Priority. 
 
 Safe 
 custody. 
 
 Careat. 
 
 Effect on 
 release. 
 
 The jurisdiction extends to England and Wales and three 
 miles from the coast (i). Where the officer, on finding that the 
 vessel had sailed, pursued her, and overtaking her within the 
 jurisdiction, seized her, brought her back into port and dis- 
 mantled her, the airest was held illegal (/), and so also was a 
 subsequent detention effected by parties acting in concert with 
 the original arresters, after she had been so brought back into 
 port (&). 
 
 Service of the warrant must be made, and this is done by 
 affixing it to the mast or hull (/). An arrest so effected extends 
 not only to the vessel (TO), but to sails and rigging taken on 
 shore for the purpose of safe custody (o), and all other things of 
 a like kind appurtenant to the ship, but in salvage cases the 
 personal luggage of passengers is exempt (p), and so are seamen's 
 clothes (g). 
 
 The cargo may be proceeded against in respect of liability 
 attaching to it, or simply as security for freight which is due (r), 
 and part may be seized for that due on the w r hole (). If the 
 cargo be on board and proceeded against specifically and named 
 in the warrant, or if not so named, is proceeded against for 
 freight, the arrest of the ship arrtsts the cargo (t). But if 
 landed and warehoused or transshipped it is otherwise, and here 
 service must be effected by placing the warrant on the cargo, or 
 if access to it be refused, by leaving a copy with the custodian 
 thereof (a). 
 
 The arrest binds the whole property, however great its value, 
 and whether there be a possessory lien on it or not (r). If the 
 property be already in the hands of the sheiiff the warrants 
 take priority in order of time (w). 
 
 The marshal is responsible for the safe custody of property 
 while under arrest (#). 
 
 Where a caveat has been entered against the release of the 
 property, he is bound to give notice to the party entering the 
 same before he releases (//). Otherwise he must, on receipt of a 
 release, release the property, and this extends to all property 
 mentioned therein, whether it be in the same or different 
 
 (t) 41 & 42 Viet. c. 73. 
 
 (J) Borjefson v. Carlberg, 3 App. 
 Cas. 1316. 
 
 (A-) Ibid. 1322. 
 
 (0 Order ix. r. 12 (59). 
 
 (TO) Public ships are exempt. The 
 Comus, 2 Dod. 464; The CJiarkieh, 
 L. It. 4 A. & E. 59 ; The Parlement 
 Beige, 4 P. D. 129 ; 5 ib. 197. 
 
 (o) The Alexander. The Dundee, 
 ubi supra. 
 
 (p) The Willem III. L. R. 3 
 A. & E. 487. 
 
 (q) The Vulture, Prit. Ad. Dig. II. 
 514. 
 
 (r) The Lady Durham, 3 Hagg. 
 
 200; The Victor, Lush. 72. 
 
 00 The Soecli/e, 2 A. & E. 363. 
 
 (/) Where freight is not to be 
 arreted a note ia appended to the 
 praecipe. 
 
 (u) Order x. r. 13 (60); ix. r. 14 
 (61). 
 
 (i-) TJie Harmonic, 1 W. Rob. 178; 
 The Sonhtitrxfn, Swa. 260. 
 
 (w) Order xlii. r. 29; The Flora 
 1 Hagg. 298 ; The Bloomer, 11 L. T., 
 N. S. 46. 
 
 (a;) The Hoop, 4 Rob. 145; Hie 
 Rendslmry, 6 ib. 157. 
 
 (y) Order xxix. r. 6 (,327).
 
 WARRANTS AND ORDERS. 
 
 31 
 
 places (z). In a suit of restraint the required security must 
 first be given (a). 
 
 In a suit of possession the marshal must deliver the ship to 
 the plaintiff (&). 
 
 Commissions of appraisement (c), delivery, and removal (eT) 
 are addressed to this officer, and require him to appraise and 
 certify the value or unload or remove the goods, as the case 
 may be. 
 
 Where there is an order for sale the marshal or his substitutes 
 must sell and pay the proceeds into Court (e). The sale, in the 
 absence of other order must be by public auction (/). If it has 
 been already appraised it cannot be sold for less than the 
 appraisement (#). 
 
 The sale being effected the marshal must deliver the pro- 
 perty to the purchaser, and if required execute a bill of sale to 
 him (h ). 
 
 For the fees payable, see post (i). 
 
 (z) Order xxix. r. 4 (322). For 
 Form, see App. I. 24. 
 
 (a) The DicTcenson. The Glanni- 
 lanta, 10 P. D. 15 ; 33 W. E. 400. 
 
 (6) Ibid. 
 
 (c) For the Form, see App. I. 25. 
 
 (d) These Forms are adapted from 
 
 the last-named. 
 
 (e) Order li. r. 14 (693). 
 
 (/) Coote, 108. 
 
 (0) Ibid. 
 
 (h) Chastenaufv. Capeyron, 1 App. 
 Cas. 127. 
 
 (0 Page 179. 
 
 Delivery. 
 
 Commis- 
 sions of 
 appraise- 
 ment, &c. 
 
 Sale 
 by auc- 
 tion. 
 
 Appraise- 
 ment, 
 effect of. 
 
 Fees.
 
 32 
 
 EXECUTIVE OFFICERS. 
 
 Warrants 
 and orders 
 of superior 
 Courts, not 
 at common 
 law: of 
 inferior 
 Counts and 
 officers 
 generally. 
 
 Omnia 
 pras-imun- 
 tur rite 
 esse acta 
 not applic- 
 able here. 
 
 Necessary 
 
 ingredients 
 
 therefore. 
 
 Cause of 
 issue, 
 period of 
 detention, 
 facts 
 giving 
 jurisdic- 
 tion. 
 
 Certain 
 date, apt 
 conclusion. 
 
 II. WARRANTS AND ORDERS 
 
 OF SUPERIOR COURTS, NOT AT COMMON LAW : 
 OF INFERIOR COURTS AND OFFICERS GENERALLY. 
 
 As was stated at the outset of the last chapter warrants and 
 orders of superior Courts, not at common law, of inferior Courts 
 and officers generally, occupy in law a position different from 
 those of superior Courts which issue according to the course of 
 the common law. In regard to these last, all that the officer 
 has to do is to satisfy himself that the warrant or order issues in 
 a due and regular manner, and he will then be justified in 
 executing it, for " he ought not to examine the judicial act of the 
 Court, whose servant he is, nor exercise his judgment touching 
 the validity of the process in point of law, but is bound to 
 execute it, and is therefore protected by it (a). 
 
 But when we come to consider warrants and orders which 
 issue under sta'utory authority, or of inferior Courts at common 
 law, the case is different, and the reason for this distinction is 
 that in the case of Courts and officers other than the superior 
 Courts acting according to the course of the common law, the 
 ii'axim Omnia prses umu ntur rite esse acta does not apply to give 
 jurisdiction (6). Such a warrant or order therefore must con- 
 tain not only the cause of issue and the period of detention (if 
 any) (c), but facts sufficient to shew jurisdiction to make the 
 particular order must also appear on the face of the instrument (d), 
 otherwise it is no justification to the officer who executes it (e). 
 
 The mittimus ought to have these circumstances. Jt must 
 contain a certain cause, and therefore, if it be for felony, it ought 
 not to be generally pro felonia, but it must contain the special 
 nature of the felony, so that it may appear to the judges upon a 
 habeas corpus whether it be felony or not. It must have a 
 certain date, and an apt conclusion (/), such as " him safely to 
 keep until he may be dealt with by law " (</). 
 
 Where commissioners committed a bankrupt fur not answering 
 questions, the Court ordered his discharge, as the questions were 
 
 () Turner v. Frigate, 1 Lev. 95 ; 
 Cotes v. Mich ill, 3 ib. 20. 
 
 (6) Per Holroyd, J. : B. v. All 
 Saints, 1 B. & C. 790. See R. v. 
 Totnes, 11 Q. B. 80. 
 
 (c) 2 Inst. 52. 
 
 0?) Harrison v. Wright. 13 M. & 
 W. 816; Christie v. Viiicin, 11 A A K 
 373; Muske.it v. Drummoml. 1" IV A 
 C. 153. 
 
 (e) Andrews v. Morris, 1 Q. B. 17 ; 
 Carratt v. Norl y. ih. 28. 
 
 (/) 2 Hale P. C. 122 ; Kendal, 
 5 Mod. 78 ; Caudle v. Seymour. 1 
 G. & D. 434 ; 1 Q. B. 889 ; 5 Jur. 
 1196. 
 
 (g) 2 Inst. 52 ; Bracy, 1 Ray. 99 : 
 Grnnine v. Forrester, 5 M. & S. 314; 
 Daniel! v. Phillip*. 1 Cro M. & R. 
 662.
 
 WARRANTS AND ORDERS. 
 
 33 
 
 not specified so that the Court might judge of their legality (K). 
 And where a warrant left a blank for the Christian name of the 
 person to be apprehended, giving no reason for the omission, it 
 was held too general, and a resistance to such an arrest lawful, 
 and the killing of the person attempting to execute it not 
 murder ('). But a warrant to arrest a party to the end that he 
 may become bound at the next sessions has been held to mean 
 those next after the arrest, and therefore the officer may in such 
 case justify an arrest after the sessions next ensuing the date of 
 the warrant (_/). It can, however, only be executed by the 
 person to whom it is addressed (&). 
 
 Where it appears on the face of the proceedings that there 
 is jurisdiction, it will be intended that the proceedings are 
 regular (/), otherwise no such intendment will be made (m). 
 And where the Court or officer has merely proceeded erroneously 
 in the issue of process, but not without jurisdiction, the executing 
 officer will be justified (n). 
 
 There appears to be no distinction between warrants and 
 orders so far as regards the question of jurisdiction (o). Jn 
 orders as well as in warrants the facts conferring jurisdiction 
 must appear thereon. " We cannot intend for or against the 
 order, but must decide according to the words. However high 
 the authority may be where a special statutory power is exer- 
 cised the person who acts mu^t take care to bring himself within 
 the terms of the statute. Whether the order be made by the 
 Lord Chancellor or by a justice of the peace, the facts which 
 gave the authority must be stated " (p). 
 
 And where any Act confers a power to make, grant, or issue 
 any instrument, expres.-ions used in the instrument are, unless 
 the contrary intention appears, to have the same respective 
 meanings as in the Act conferring the power (g). 
 
 There is, however, an important distinction which must be 
 here pointed out between the cases where warrants and orders 
 of the class we are now considering, issue (1) after adjudication, 
 and (2) where there h;is been no adjudication. And this distinc- 
 tion is mainly important in regard to the liability of the officer 
 who executes the process. It may be thus stated : 
 
 Where an officer executes a warrant or order made under 
 statutory jurisdiction, or of an inferior Court at common law, 
 after an adjudication, he is protected where it appears on the 
 
 (ft) Ex parte Lealte, 9 B. & C. 240. 
 
 (0 E. v. Hood, 1 Moo. 0. C. 281. 
 
 O' ) Mayliew v. Parker, 8 T. E. 
 110 ; 2 Esp. 683. 
 
 (fe) Symonds v. Kurtz, 61 L. T. 
 559 ; 53 J. P. 727 : 5 Ti. Eop. 511. 
 
 (I) Barnes v. Keane, 15 Q. B. 75; 
 Baker v. Cave, 1 H. & N. 674. 
 
 (m) Dempster v. Purnell, i Sc. 
 N. R. 39. 
 
 () The Marshalsea, 10 Eep. 68 b, 
 
 76 a. 
 
 (o) R. v. Hulcott, 6 T. E. 583 ; E. 
 v. All Saints, 7 B. & C. 785 ; Day v. 
 King, 5 A. & E 367. 
 
 (p) Per Coleridge, J. : Christie v. 
 Unwin, 11 A. & E. 373; and see 
 Broolt v. Jcnney, 2 Q. B. 275 : and 
 Taylor v. Clemson, ib. 978. 
 
 (3) 52 & 53 Viet. c. 63, s. 31 ; and 
 as to the time of coming into opera- 
 tion, see s. 36. 
 
 To be exe- 
 cuted by 
 addressee. 
 
 Where pro- 
 ceeding 
 deemed 
 regular. 
 
 Erroneous 
 process. 
 
 No distinc- 
 tion 
 
 between 
 warrants 
 and orders 
 as to juris- 
 diction. 
 
 True dis- 
 tinction is 
 between 
 warrants 
 and orders, 
 where issue 
 
 (a) after 
 adjudica- 
 tion, 
 
 (b) where 
 no adjudi- 
 cation.
 
 EXECUTIVE OFFICERS. 
 
 Distinction 
 stated 
 after 
 adjudica- 
 tion. 
 
 No adjudi- 
 cation. 
 
 face of the instrument that (1) the Court or person from which 
 it issues had jurisdiction, or (2) apparently had jurisdiction to 
 issue such warrant or order (r). 
 
 Where, however, he executes such a warrant or order where 
 there has been no previous adjudication, the protection is con- 
 fined to the case only where the jurisdiction to make it appears 
 on the face of the instrument, and in the event such jurisdiction 
 has been properly exercised, and does not extend to the second 
 case above-mentioned, namely, where it reasonably appears to 
 have been within the jurisdiction, although it subsequently 
 turn out to be in excess of it (s). 
 
 This, therefore, constitutes the main dividing line between 
 the classes of warrants and orders we are now considering, and 
 we shall therefore proceed to discuss them under those heads 
 respectively. 
 
 A. After 
 adjudica- 
 tion. 
 
 Two kinds- 
 
 Adjudica- 
 tion, what 
 is. 
 
 A.-AFTEK ADJUDICATION. 
 
 These warrants and orders range themselves into the same 
 two categories as do those of superior Courts at common law, 
 namely, (1) those to which the king is and (2) is not a party. 
 It will not be necessary here to re-enumerate the incidents 
 which specially appertain to those two classes, as that has been 
 already done in the last chapter (i). Where the king is a party 
 it matters not of coarse whether the particular warrant or order 
 issues at common law or under statutory authority, or from a 
 superior or an inferior Court. In either case the incidents and 
 powers attendant on its execution are identical. And it is the 
 same with those to w r hich the king is not a party. 
 
 As to what is an adjudication, the principle contained in the 
 maxim audi alteram partem is here applicable (u). It has been 
 laid down that no man is to be condemned, punished, or deprived 
 of his property in any judicial (r) or other similar proceed- 
 ing (IP) unless he has had opportunity of being heard (). And 
 this rule has been held to apply to judges of inferior Courts (y), 
 to justices (z), and to cases arising under the Metropolis 
 Management Act (a). It prevails universally unless excepted 
 by the express wording of the Act conferring the power (6). 
 
 (r) Andreics v. Harris, 1 Q. B. 17; 
 Ashcroft v. Bourne 3 B. & Ad. 684; 
 Brittdin \. Kinnaird, 1 B & P 4:!i 
 
 (s) Foster v. Dodd, L. R. 3 Q. B. 
 67 ; Wilkins v. Hemsworth, 1 A. & E. 
 807. 
 
 (0 Ante, p. 5.P15. 
 
 (w) Wood v. Wood, L. E. 9 Ex. 
 190 ; 43 L. J. Ex. 190 ; 30 L. T. 815 ; 
 22 W. R. 709. 
 
 (r) Re Hammersmith Rent-charge, 
 4 Ex. 96. 
 
 (if) See Russell \. Russell, 14 Ch. D. 
 
 471 ; 49 L. J. Ch. 268; 42 L. T. 112. 
 
 (z) Wood v. Wood, >ili sup. 
 
 (y) Kinniny v. Buchanan, 8 C. B. 
 271 : Alley v. Dale, 10 C. B. 62 ; 
 Deics v. lliley, 11 C. B. 734. 
 
 (z) Bessell v. Wilson, 1 E. & B. 
 489; Hammond v. Btnyshe, 13 Q. B. 
 869 ; R. v. Totnes Union, 7 Q. B. 690. 
 
 (a) Cooper v. Wandsicorth, 14 C. B. 
 N. S. 180. 
 
 (6) Re Hammersmith Rent-charge, 
 ul>i flip.
 
 WARRANTS AND ORDERS. 
 
 35 
 
 1. THE KING A PARTY. 
 
 THE SHERIFF. 
 
 Courts of assize and quarter sessions are authorized to issue 
 to this officer a writ (or wan-ant) for the recovery of fines, 
 estreats, recognizances, and the like (e). 
 
 This writ, the form of which is settled by the schedule to the 
 Act 22 & 23 Viet. c. 21 (d), empowers the sheriif to levy the 
 amount of the fine, &c., and, in the event of such amount not 
 forthcoming, to take the defendant and lodge him in gaol until 
 payment or until discharged by due course of law. 
 
 If the defendant be not in his county he may issue his warrant 
 to the sheriff of the county where the offender is found, who is 
 required to execute it (e). 
 
 1. King a 
 
 Party. 
 
 Sheriff. 
 
 Warrant, 
 &c., for 
 fines. 
 
 Duty. 
 
 Offender 
 out of 
 jurisdic- 
 tion. 
 
 THE TIPSTAFF. 
 
 The warrants of the Bankruptcy Division of the High Court 
 are addressed to this officer. 
 
 By the Bankruptcy Act, 1883, sects. 24 & 25, the judge of 
 that division has power to commit a debtor for offences against 
 those sections, and the powers under such warrants are ex- 
 pressly made equivalent to the class now under considera- 
 tion (/). 
 
 And orders made under sect. 5 of the Debtors Act, 1869, for 
 the committal of a defendant also fall within this class (</). 
 
 This order does not apply in case of non-payment by a mar- 
 ried woman of a judgment-debt payable out of her separate 
 estate under 45 & 46 Viet. c. 75, s. 1 (2) (A). 
 
 There must be evidence of means to pay, but it is not neces- 
 sary that those means should have been derived from the 
 debtor's earnings or a fixed income ('), and it is sufficient if 
 there has been the means to pay any part of it (j). 
 
 It includes costs (k), and may be exercised if payment is to 
 be by instalments (7). It need not be executed within a year, 
 but remains in force as long as the judgment (m). 
 
 (c) See Ex parte Edmonds, 23 .T. P. 
 
 (d) For the Form, tee App. II. 1. 
 
 (e) 22 & 23 V:.ct. c. 21, s. 36. 
 324. 
 
 (/) See ss. 51 arid 119, and 53 & 54 
 Yict. e. 71, s. 7, aud lor the Forms, 
 App. II. 2-5. 
 
 (g) Mitchell v. Simpson, 23 Q. B. D. 
 373; 25 ib. 183. For Form, see 
 App. II. 6. 
 
 (A) Scott v. Morley, 20 ib. 120; 36 
 W. E. 67; 57 L. J. Q. B. 43; 4 Ti. 
 
 Eep. 56 ; 52 J. P. 230 ; and see He 
 Walter, 55 J. P. 276. 
 
 (0 In re Park, 14 Q. B. D. 597. 
 
 0') Ex parte Fryer, 17 ib. 718. 
 
 (A;) Hemtson v. Shc-rwin, L. R. 10 
 Eq. 53. 
 
 (0 Erans v. Will*, 1 C. P. D. 229 ; 
 Stonor v. Fowle, 13 App. Cas. 20; 
 36 W. R. 742. 
 
 (m) Hermitage v. Kilpin, L. R. 9 
 Ex. 205. 
 
 D 2 
 
 Tipstaff. 
 
 Warrants 
 in bank- 
 ruptcy. 
 
 Orders 
 under 
 Debtors 
 Act, s. 5. 
 
 On married 
 woman. 
 
 Evidence of 
 means to 
 
 pay. 
 
 Costs. 
 Instal- 
 ments. 
 Limita- 
 tion.
 
 36 
 
 EXECUTIVE OFFICERS. 
 
 High 
 Bailiff (w). 
 
 Committal 
 in Equity 
 and Ad- 
 miralty. 
 
 Bank- 
 ruptcy. 
 
 Contempt. 
 
 Verbal 
 order. 
 
 Orders 
 under 
 Debtors 
 Act, s. 5. 
 
 THE HIGH BAILIFF. 
 
 The warrants and orders of the County Court in this category 
 are the following : 
 
 Warrants of committal under the Equity or Admiralty jurisdic- 
 tion (o), the jurisdiction here being as great as that of the High 
 Court (p), whether the order be final or interlocutory (g). 
 
 Under the Bankruptcy Act, 1883, s. 100, this Court has all 
 the powers of the Bankruptcy Division, and its orders may be 
 enforced in like manner (r). 
 
 Warrants of committal for wilful insult to the judge or any 
 juror, or witness, or any registrar, bailiif, or officer of the Court, 
 or in going to or returning from the Court, or wilful interrup- 
 tion of the proceedings of the Court, or other misbehaviour in 
 Court (s). 
 
 To observe to a judge in the course of, and in reference to his 
 judgment, that "that is a most unjust remark," is an insult, 
 and if not withdrawn amounts to such a wilful insult as is con- 
 templated by these sections (f). 
 
 The judge may under these sections verbally order this 
 officer to take into custody the offender and detain him until 
 the rising of the Court. And such order amounts to an adju- 
 dication as to the fact of wilful insult (). 
 
 Orders of committal made under sect. 5 of the Debtors Act, 
 1869. These must be exercised only by a judge or his deputy, 
 and by an order made in open Court shewing on its face the 
 ground on which it is issued (). The order need not be then 
 and there drawn up (;). 
 
 CONSTABLES. 
 
 Constables. The warrants and orders of this class which are executed by 
 
 these officers are : 
 
 Committal Those of quarter sessions who may commit by order to the 
 by quarter custody of its officers without warrant " for there is or ought to 
 sessions. j^ a re cord of such commitment, and the order given sedente 
 
 () The duties of this officer are 
 in some cases performed by the regis- 
 trar, but the liability in such cases 
 is the same as that of tlie high bailiff: 
 51 & 52 Viet. c. 43, s. 37. 
 
 (o) Jud. Act, 1873, s. 89; Order 
 xlii. r. 5. For general Forms of com- 
 mittal for neglect to obey order, see 
 App. K. 7, 8. 
 
 (j>) Ex parte Martin, 4 Q. B. D. 
 212 
 
 (q) Richards v. Cullerne, 1 ib. 623, 
 and see R. v. Surrey County Court, 
 13 ib. 966. 
 
 (r) See supra, and the Forms there 
 referred to 
 
 (*) 51 & 52 Viet. c. 43, ss. 161, 162. 
 
 (*) B. v. Jordan, 36 W. E. 589. 
 For Form, see App. II. 9. 
 
 (M) See R. v. Jordan, tibi sup. ; 
 Ex parte Plater, 12 W. K. 823; 33 
 L. J. M. C. 142. 
 
 () See Kenyan v. Eastwood, 4 Ti. 
 Rep. 451 ; 23 L. J. N. 71. 
 
 O) Harris v. Slater, ib. 120; 
 W. N. (1888) 186. For the Form, 
 see App. II. 6, and see ante, p. 35.
 
 WARRANTS AND ORDERS. 
 
 37 
 
 turid would probably be a protection to Ihe officer" (). In the 
 case of prisoners sentenced at the sessions there is a calendar 
 as at the assizes (#). 
 
 The coroner has power to order the arrest by warrant of a 
 person fuund by the verdict of the jury guilty of murder or 
 manslaughter (z), also of a witness for contempt of a sum- 
 mons (a), or for refusing to (1) give evidence, (2) sign his 
 information, or (3) enter into recognizances (6). 
 
 Inferior Courts of Record have power to commit for contempt 
 only when committed in the face of the Court (c). 
 
 Justices may order arrest by warrant for not appearing to a 
 summons or to answer a charge (d). And warrants of commit- 
 ment either for punishment or for trial other than in civil 
 matters (e) fall in this category (/). They must be executed 
 by the constable to whom addressed (ff), and no conditions 
 can be annexed by the justices to the performance of the duty 
 imposed, which the law does not warrant ((/). 
 
 The warrants of distress which issue on a conviction or order 
 by justices, other than those issued in civil matters, are to be 
 here included (h). 
 
 The conviction or order is enforced by this means in all cases 
 save those under the Game, the Malicious Injury to Property 
 and Person and a few other Acts, where the statute neither 
 directs the same to be so levied or no mode of levying the 
 penalty is provided (i). 
 
 By 42 & 43 Yict. c. 49, s. 43 (1), these warrants are to be exe- 
 cuted by or under the direction of a constable, (2) save so far 
 as the person against whom the distress is levied otherwise 
 consents in writing, the distress shall be sold by public auction, 
 and five clear days at least shall intervene between the making 
 of the distress and the sale, and where written consent is so 
 given as aforesaid, the sale may be made in accordance with 
 such consent. 
 
 (3.) Subject as aforesaid the distress shall be sold within the 
 period fixed by the warrant, and, if not so fixed, then within 
 the peiiod of fourteen days from the date of the making of the 
 distress unless the sum for which the warrant was issued and 
 
 Calendar. 
 
 Warrant of 
 coroner. 
 
 Inferior 
 Courts, 
 power in 
 contempt. 
 
 Committal 
 by justices. 
 
 Distress 
 warrants. 
 
 How 
 executed. 
 
 Sale by 
 auction. 
 
 Within 
 what time. 
 
 Extent of 
 sale. 
 
 (x) Per Parke, B., Watson v. SodeU, 
 14 M. & W. 70 ; 2 Hale P. C. 122, 
 and see Ire re Clarke, 2 Q. li. 619. 
 
 (y) See ante, p. 13. 
 
 (z) 50 & 51 Viet c. 56, s. 5. For 
 the Form, see App. II. 10, 11. 
 
 (a) Jervis, 5th ed. p. 47. This 
 warrant is also addressed to the 
 coroner s officer. For the Form, see 
 App. II. 12. 
 
 (b) App. II. 13. 
 
 (c) R. v. Lefroy, L. R. 8 Q. B. 134 ; 
 42 L. J. Q. B. 121. 
 
 (d) 11 & 12 Viet. c. 42, s. 1. 
 
 (e) See pott, p. 43. 
 
 (/) For Forms, see App. II. 14, 15. 
 Justices cannot apparently commit 
 for contempt merely : Mayhew v. 
 Locke, 7 Taunt. 63; Ex parte Hijnd- 
 man, 50 J. P. 151. 
 
 (/) R. v. Sounders, L. R. 1 C. C. 
 75; 36 L. J. M. C. 87; 10 Cox C. C. 
 445 ; 16 L. T. 331 ; 15 W. R. 752. 
 
 (g) R. v. Middlesex, 12 L. J. M.C. 
 36; R. v. Handsley, 1 Q. B. D. 398. 
 
 (h) Fur Form, see App. II. 16. 
 
 (0 11 & 12 Vic 1 -, c. 43, s. 19, and 
 are s. 17 ; and Re Clfii; 8 Q. B. D. 
 511; 51 L. J. M. C. 140; 46 L. T. 
 482 ; 30 W. R. 704 ; 46 J. P. 534.
 
 38 
 
 EXECUTIVE OFFICERS. 
 
 Goods not 
 to be re- 
 moved, 
 
 but to be 
 im- 
 pounded. 
 
 .Costs. 
 Overplus. 
 
 Superseded 
 on pay- 
 ment of 
 debt and 
 costs. 
 
 What may 
 not be 
 taken. 
 
 Priority of 
 warrant. 
 
 also the charges for taking and keeping the said distress are 
 sooner paid. 
 
 (4.) Subject to any directions to the contrary given by the 
 warrant of distress, where the distress is levied on household 
 goods, the goods shall not. except with the consent in writing 
 of the person against whom the distress is levied, be removed 
 from the house until the day of sale, but so much of the goods 
 shall be impounded as are in the opinion of the person executing 
 the warrant sufficient to satisfy the distress, by affixing to the 
 articles a conspicuous mark. . . . 
 
 (7.) A constable charged with the execution of a warrant of dis- 
 tress shall cause the distress to be sold, and may deduct out of 
 the amount realised by such sale all costs and charges actually 
 incurred in effecting such sale (/), and shall render to the owner 
 the overplus, if any, after retaining the amount of the sum for 
 which the warrant was issued, and the proper costs and charges 
 of the execution of the warrant. 
 
 (8.) Where a person pays or tenders to the constable charged 
 with the execution of a warrant of distress, the sum mentioned 
 in such warrant, or produces the receipt for the same of the 
 clerk of the Court of summary jurisdiction issuing the warrant, 
 and also pays the amount of the costs and charges of such dis- 
 tress up to the time of such payment or tender, the constable 
 shall not execute the warrant. 
 
 By sect. 21 (2) wearing apparel and bedding of a person and 
 his family, and, to the value of 5, the tools and implements of 
 his trade, shall not be taken. 
 
 In the event of another and civil execution being in at the 
 same time, these warrants being ones in which the king is 
 interested have priority (&). 
 
 , Excise. 
 
 Levy 
 warrant. 
 Sale. 
 For 
 
 penalty 
 and costs. 
 Overplus 
 to owner. 
 Warrant to 
 be shewn 
 and copy 
 permitted 
 to be 
 taken. 
 
 EXCISE. 
 
 The only warrants which fall within this class and are 
 diiected to these officers are levy and commitment warrants, 
 which are regulated by 7 & 8 Geo. 4, c. 53, ss. 86-91. 
 
 The sale under a levy warrant must take place between four 
 and eight days after issue, unless the penalties or sums are sooner 
 paid or satisfied (Z). 
 
 The officer making such levy is to deduct the penalty or sura 
 for which such levy shall be made, and all reasonable charges 
 and expenses attending such levy, and return the overplus to 
 the proprietor of the goods, and such officer shall if required 
 shew the warrant to the person upon whose goods the levy 
 shall be made, and suffer such person to take a copy thereof (m). 
 
 (J) Sub-s. (5) imposes a summary 
 penalty of 5 for excessive charges 
 or other exaction. 
 
 (k) See Att.-Gen. v. Leonard, ante, 
 p. 11. 
 
 (0 Sect. 88. The warrant is of 
 the same kind as that of distress. 
 See ante, p. 37. 
 
 (m) Sect. 89, and see E. v. Mitton, 
 ante, p. 7.
 
 WARRANTS AND ORDERS. 
 
 39 
 
 Where an action was brought against these officers for de- Demand 
 tention of goods after the penalty had been paid it was held condition 
 that the action would not lie as there had been no demand for 
 their return (n). 
 
 The warrant of commitment is of the same kind as that 
 ordinarily issued by justices (o). 
 
 precedent 
 to action 
 for illegal 
 detention. 
 Commit- 
 ment. 
 
 TAXES. 
 
 Warrants of the commissioners for levying distresses on non- 
 payment of taxes and of commitment of defaulters are executed 
 by the collectors (p). 
 
 By 42 & 43 Viet. c. 19, s. 86 (3), a levy or warrant to 
 break open shall be executed by or under the direction and 
 in the presence of the collector. 
 
 By sub-sect. (2), the breaking must take place in the day- 
 time. 
 
 (4.) Every distress shall be kept for the space of five days 
 at the costs and charges of the person so refusing to pay. 
 
 (5.) If the sum due not then paid, the said distress shall 
 be appraised by two or more of the inhabitants, or other 
 sufficient persons, and there be sold by public auction by 
 the said collector or his deputy for the payment of the said 
 money, the overplus, if any, after deducting the said money, 
 and also the costs and charges of taking, keeping, and selling 
 the said distress, to be restored to the owner. 
 
 (6.) The powers conferred by 33 Geo. 3, c. 55, may be em- 
 ployed under this Act. These powers are contained in sect. 3, 
 which was repealed by 11 & 12 Viet. c. 43, s. 36, but which it 
 is presumed is revived by this sub-section. In the event of no 
 sufficient distress being found in the district, it authorizes a 
 justice of a foreign jurisdiction to back the warrant in order 
 that distress may be levied there. 
 
 The amount assessed must be paid unless the plaintiff 
 appeal (<?). 
 
 By sect. 80 (1) of the same Act no goods are to be taken 
 in execution except at the suit of the landlord for rent. 
 
 A bill of sale is no protection in respect of chattels which but 
 for such bill of sale would have been liable to distress under a 
 warrant for the recovery of taxes, and poor and other parochial 
 rates (r). 
 
 By 57 Geo. 3, c. 93, s. 1, and 7 & 8 Geo. 4, c. 17, distresses for 
 taxes under 20 are not to be charged for otherwise than as in 
 the schedule to the first Act (s). 
 
 One warrant for several duties is sufficient (f). 
 
 O) Hutchings v. Mom's, 6 B. & C. 221, and sec Allen v. Sharp, 2 Ex- 
 
 464. 352 ; 17 L. J. Ex. 209. 
 
 (o) See ante, p. 37. (?) 45 & 46 Viet. c. 43, s. 14. 
 
 (j)) For the Forms, see App. II. (s) See post, p. 180. 
 
 17, 18. (<) Patchett v. Bancroft, 1 T. E. 
 
 (3) Simplciiis v. Robinson, 4.5 L. T. 367. 
 
 Taxes. 
 
 Distress 
 warrant. 
 
 Breaking 
 in day- 
 time. 
 
 Distress to 
 be kept 
 five days. 
 
 Appraised. 
 
 Sale by 
 auction. 
 
 Overplus 
 to owner. 
 
 Execution 
 in foreign 
 jurisdic- 
 tion. 
 
 Appeal. 
 
 Landlord's 
 claim. 
 
 Bill of sale, 
 effect of. 
 
 Charges. 
 
 One 
 
 warrant 
 for several 
 duties.
 
 40 
 
 EXECUTIVE OFFICEES. 
 
 Commit- 
 ment 
 warrant. 
 
 As to the warrant of commitment the power of the com- 
 missioners is to commit a defaulter until payment of the 
 sum due together with the costs and expenses of apprehension 
 and conveyance to gaol (M). 
 
 Gaoler. 
 
 In default 
 of sureties 
 for the 
 peace. 
 Customs. 
 First class 
 misde- 
 meanants. 
 Warrants 
 of Secre- 
 tary of 
 State and 
 County 
 Court and 
 order of 
 High Court 
 to bring up 
 prisoner. 
 Removal to 
 asylum. 
 To re- 
 formatory 
 school. 
 Discharge. 
 
 2. King 
 
 not a 
 
 Party. 
 
 High 
 
 Bailiff. 
 
 Arrest for 
 
 assault or 
 
 rescue. 
 
 Liability of 
 
 high 
 
 bailiff. 
 
 THE GAOLER. 
 
 The warrants above-mentioned which are executed by the 
 tipstaff, the high bailiff and constables, excise and taxes officers, 
 respectively, are also addressed to this officer. 
 
 For not entering into recognizances or finding sureties to 
 keep the peace, the imprisonment is not to exceed 12 months (), 
 and for non-payment of a penalty under the Customs Act 
 6 months (w). 
 
 Prisoners committed for contempt of Court are to be treated 
 as first-class misdemeanants (#). 
 
 The warrant of the Secretary of State and of the County 
 Court (y), and the order of the Court to bring up a prisoner for 
 trial (z) go to this officer. The two first-mentioned are made 
 of equal force with a habeas corpus (a). 
 
 The Secretary of State may issue a warrant to remove an 
 insane prisoner to an asylum (b), and a justice to remove a 
 prisoner to a reformatory school (c). 
 
 As to the discharge of prisoners, see ante (cf). 
 
 2. THE KING NOT A PARTY. 
 THE HIGH BAILIFF. 
 
 With reference to the powers of this officer in execution, 
 it is enacted that if any officer or bailiff shall be assaulted while 
 in the execution of his duty (e), or if any rescue shall be made 
 or attempted of -any goods levied under process of the Court, 
 the officer may apprehend the offender and bring him before 
 the judge (/). _ 
 
 In such case it has been held that the high bailiff is not liable 
 for the act of his officer (</). 
 
 (M) 43 & 44 Viet. c. 19, ss. 22 and 
 89. 
 
 (V) 16 & 17 Viet. c. 30, s. 3. 
 
 (to) 39 & 40 Viet. c. 36, s. 236. 
 
 (x) Ante, p. 13. 
 
 (y) 16 & 17 Viet. c. 30, s. 9, and 
 51 & 52 Viet. c. 43, s. 112. For the 
 Form, see App. II. 19. 
 
 (z) 30 & 31 Viet. c. 35, s. 10. 
 
 (a) See ante, p. 14. 
 
 (6) 47 & 48 Viet. c. 64, ss. 2-5. 
 For Form, see App. II. 20. 
 
 (c) 29 & 30 Viet. c. 117, s. 15. For 
 
 Form, see App. II. 21. As to indus- 
 trial schools, see cap. 118, ss. 42, 43. 
 
 (d) See ante, p. 13; and as to dis- 
 charge under the Taxes Acts, 43 & 44 
 Viet. c. 19, s. 9. 
 
 (e) Where the officer had left for 
 refreshment and was assaulted on 
 his return, it was held within the 
 section : Coffin v. Dyke, 48 J. P. 757. 
 
 (/) 51 & 52 Viet. c. 43. s. 48. 
 (g) Smith v. Pritcliard, 8 C. B. 
 565.
 
 WARRANTS AND ORDERS. 
 
 41 
 
 Admiralty. 
 
 The warrant in Admiralty matters is to arrest and detain a Admiralty. 
 
 ship or cargo pending the further order of the Court (Ji). Warrant of 
 
 Service of the warrant is to be effected in the same manner arrest - 
 
 as that in the High Court ('), and the warrant may be executed Service 
 
 on Sunday, Good Friday, or Christmas Day (j). Service by a tnereof - 
 
 clerk in the high bailiff's office is irregular (&). Time. 
 
 The property must be released on receipt of an order to that Release, 
 
 effect (7) ; but in a salvage action the property must be first In act i on 
 
 appraised unless the plaintiff otherwise consents (II). for salvage. 
 
 Delivery. 
 
 This warrant issues for the delivery of specific property, and Delivery. 
 if the property cannot be found the lands and chattels of the 
 defendant may be distrained (m). 
 
 Execution on Goods. 
 
 This warrant authorizes the officer to levy or cause to be levied 
 by distress and ^ale of the goods and chattels of the defendant, 
 the sum recovered by the judgment and the costs of the 
 execution (rc). 
 
 Under it, the officer may seize and take any of the goods and 
 chattels of such person (excepting the wearing apparel and 
 bedding of such person or his family, or the tools and im- 
 plements of his trade to the value of 5), and any money or 
 bank notes, cheques, bills of exchange, promissory notes, bonds, 
 specialties, or securities for money (o). 
 
 Such securities are to be held by the high bailiff as security 
 for the amount directed to be levied (p). 
 
 The execution is to be superseded on the payment of the 
 debt and costs (g). 
 
 A claimant of goods taken in execution must deposit their 
 values or pay the costs of keeping possession in order to prevent 
 their being sold (r). 
 
 Execution 
 on goods. 
 
 What may 
 be taken. 
 
 Execution 
 superseded. 
 
 Claimant^ 
 of go _>ds 
 taken. 
 
 (7i) For the Form, see App. II. 22. 
 This warrant does not issue strictly 
 always after adjudication, but in 
 Admiralty matters the power of this 
 Court are as great as those of the 
 High Court, see ante, p. 29. 
 
 (0 County Court Rules, 1889, 
 Order xxxix., rr. 12, 13, and see ante, 
 p. 29. 
 
 <j) Ibid. r. 11. 
 
 (fc) The Palomares, 10 P. D. 36. 
 
 (I) County Court Eules, 1889, 
 Order xxxix., r. 20. 
 
 (II) Ibid. r. 21. As to the receiver 
 selling under an order, see 17 & 18 
 
 Viet. c. 104, s. 469. 
 
 (m) Order xxv., r. 50. For the 
 Form, see App. II. 23, and see also 
 ante, p. 17. 
 
 (n) 51 & 52 Viet. c. 43, s. 146. 
 For Form, see App. II. 24. As to 
 the duties of the officer of the Court 
 in distraint for the recovery of tithe 
 rent charge leviable on lands occu- 
 pied by an owner, see 54 Viet. c. 8, 
 s. 2. 
 
 (o) Sect. 147. 
 
 (p) Sect. 148. 
 
 (q) Sect. 155. 
 
 (r) Sect. 156.
 
 42 
 
 EXECUTIVE OFFICEES. 
 
 Landlord. If within five clear days from the taking in execution or 
 before removal, the landlord claim in writing for rent in arrear, 
 the bailiif shall in addition distrain for the rent so claimed 
 and the costs thereof, and shall not within five days sell 
 unless the goods be perishable or on request in writing of the 
 defendant. On sale, he shall pay first the costs, then the land- 
 lord four weeks where weekly rental, two terms where less than 
 a year, or one year in any other case, and then the amount for 
 which the warrant issued (s). 
 
 This section does not authorize the distraint and sale of goods 
 of a stranger (t), where the bailiff is wrongfully in possession, 
 but where he is rightfully in possession it is otherwise (it). 
 
 The bailiffs may act as brokers and take the poundage allowed 
 by the Act (v). 
 
 As above stated the sale is not to take place until the end of 
 five days, and in the meantime the goods are to be deposited by 
 the bailiff in some fit place, or remain in the custody of a tit 
 person approved by the high bailiff. The sale must be made 
 by one of the brokers or appraisers appointed uuder the 
 Act (w). 
 
 In the case of a ship, an inventory and valuation must be 
 first made and on completion of the purchase the high bailiff 
 must if required execute a bill of sale to the purchaser at his 
 expense (#). 
 
 Priority. Where execution issues from the High Court and County 
 
 Court the writs take priority in order of time (T/). 
 
 Bank- Where bankruptcy supervenes, the execution is superseded in 
 
 ruptey. the same manner as in the High Court (2). 
 
 Fees, &c. For the fees and poundage payable to this officer, see post (a). 
 
 Bailiffs as 
 brokers. 
 
 Sale. 
 
 Possession, 
 
 Entry 
 under. 
 
 Continu- 
 ance of 
 warrant. 
 
 Fees, &c. 
 
 Possession. 
 
 This warrant is employed in actions for the recovery of 
 land (6). 
 
 It authorizes the high bailiff to give possession, and for this 
 purpose he may enter on the premises with such assistants as 
 he shall deem necessary between 9 A.M. and 4 P.M. (c). 
 
 The warrant is to bear date next after the day named by the 
 judge for delivery of possession, and is to continue in force for 
 three months (ct). 
 
 For the fees &c., see post (e). 
 
 (s) Sect. 160. 
 
 (t) Beard v. Knight, 27 L. J. Q. B. 
 359 ; 8 El. & Bl. 865, and see Wil- 
 coxson v. Searby, 29 L. J. Ex. 154 ; 
 Foulger v. Taylor, 5 H. & N. 202 ; 29 
 L. J. Ex. 154. 
 
 (u) Hughes v. Smallwood, 25 Q. B. 
 D. 306 ; 59 L. J. Q. B. 503 ; 63 L. T. 
 198 ; 55 J. P. 182. 
 
 (t?) Sect. 159. 
 
 (tc) Sect. 154. 
 
 (a;) Order xxxix., rr. 29, 31. 
 
 (y) 51 & 52 Viet. c. 43, s. 152. 
 
 (z) See ante, p. 26. 
 
 (a) Page 179. 
 
 (6) For Form, see App. II., 25. 
 
 (c) Sect. 142. 
 
 (rf) Sect. 143. 
 
 (e) Page 179.
 
 WARRANTS AND ORDERS. 
 
 CONSTABLES. 
 
 The warrants and orders of justices in civil matters fall within 
 this category (/). 
 
 Commitments for non-payment of rates are in the nature of 
 civil process (#), and so also it has been held is a conviction on 
 an information for not delivering up books to a town-council (A). 
 And it is the same with all cases of civil debts (). 
 
 The constable must have the warrant in his possession at the 
 time of executing it (y). 
 
 The powers under warrants of distress have been already 
 enumerated (&). 
 
 In the case of recovery of tenements the warrant commands 
 them within not less than twenty-one or more than thirty 
 days of its date to enter the premises (by force if needful), and 
 give possession to the landlord or agent. Such entry is not to 
 be made on Sunday, Good Friday, or Christmas Day, nor except 
 between 9 A.M. and 4 P.M. (Z). 
 
 In the Metropolis a justice may order a constable to execute 
 an order with reference to nuisances in which cases the officer 
 is to be in the same position as an officer of the local 
 authority (TO). 
 
 GAOLERS. 
 
 The only warrants of this class addressed to these officers are 
 commitments in civil matters. The persons so detained are in 
 the class of debtors. The duty of the gaoler in such case is 
 pointed out infra (n). 
 
 OVERSEERS. 
 
 Warrants of distress for poor-rates are executed by these 
 officers (o). Paid assistant overseers have the same powers as 
 overseers (p); but local collectors of rates have not. In this 
 case the Summary Jurisdiction Act applies and the warrant 
 must be executed by a constable (5). 
 
 (/) See R. v. Paget, 51 L. J. M. 0. 
 9 ; 8 Q. B. D. 151 ; "45 L. T. 794 ; 46 
 J. P. 151 ; 30 W. E. 3H6, and R. v. 
 Pratt, L. R. 5 Q. B. 176 ; 39 L. J. 
 M. C. 73; 18 W. R. 626. 
 
 (g) R. v. London, 34 L. J. M. C. 
 193 ; R. v. Master, 38 ib. 73. For 
 the Form, see App. II. 26. 
 
 (//) Eggington, 2 El. & Bl. 717. 
 
 (0 42 & 43 Yict. c. 49, s. 6. 
 
 (j) Galliard v. Laxton, 2 B. & S. 
 363 ; 9 C. C. C. 127 ; 8 Jur. 692 ; 31 
 L. J. M. C. 123; 10 W. R. 353; 5 
 L. T. 835. 
 
 (A-) Ante, p. 37. 
 
 (0 1 & 2 Yict. c. 74, s. 1. For 
 Form, see App. II. 27. An order io 
 
 destroy dogs is made under 34 & 35 
 Viet. c. 56, s. 2. 
 
 (?) 54 & 55 Viet. c. 76, s. 12. For 
 general Form of warrant, see App. II. 
 No. 53. 
 
 (n) Page 111. 
 
 (o) R. v. Price, 5 Q. B. D. 300 ; 49 
 L. J. M. C. 49. For Form, see App. 
 II. 16. As to county rates, see 
 15 & 16 Viet. c. 81, s. 27, and as to 
 borough, see 45 & 46 Viet. c. 50, 
 B. 148. 
 
 (p) 59 Geo. 3, c. 12, s. 7; 7 & 8 
 Viet. c. 101, s. 61. 
 
 (q) 38 & 39 Viet. c. 55, s. 256; 
 3 & 4 Will. 4, c. 90. 
 
 Constables. 
 
 Commit- 
 ment in 
 civil 
 matters. 
 
 Distress. 
 
 Recovery 
 of tene- 
 ments. 
 
 Entry by 
 force. 
 
 Time. 
 
 Nuisance. 
 
 Gaolers. 
 
 Civil com- 
 mitments. 
 
 Debtors. 
 
 Overseers, 
 
 Paid 
 
 assistants. 
 
 Local 
 
 collector.
 
 44 
 
 EXECUTIVE OFFICEES. 
 
 Levy. 
 
 In the 
 county. 
 
 In another 
 county. 
 
 Demand. 
 
 Costs. 
 Appeal. 
 
 Bill of sale, 
 effect of. 
 
 Bank- 
 ruptcy. 
 
 Company 
 
 Excessive 
 charges. 
 
 Removal of 
 paupers. 
 
 The goods of any person assessed and refusing to pay poor- 
 rates may be levied not only in the place for which such assess- 
 ment was made; but in any other place within the same 
 county or precinct, and if sufficient distress cannot be found 
 within the said county or precinct on oath made before some 
 justice of any other county or precinct (which oath shall be 
 certified under the hand of such justice on the said warrant), 
 such goods may be levied in such other county or precinct by 
 virtue of such warrant or certificate (r). 
 
 There must be a demand before levy (s), and that of the 
 exact sum demanded (Y), but it need not be personal (zt). There 
 can, however, apparently be no levy upon the representative of 
 a person who dies before it is paid (v). Money may be distrained 
 as well as goods (yv). 
 
 The cost of the levy and of the broker or other officer for his 
 attendance may also be levied (ic). 
 
 On appeal from any poor-rate which is either amended or 
 quashed, the sum assessed may notwithstanding be levied and 
 applied in satisfaction of the next effective rate (x). Notice of 
 appeal does not prevent distress ; but no greater sum shall be 
 proceeded for than that assessed in the last effective rate (#). 
 
 As to the effect of a bill of sale, see ante (z). 
 
 Where bankruptcy supervenes there is no power to distrain ; 
 but the claim must be proved as a debt which is entitled to 
 preferential payment (a). 
 
 Distress levied against the estate or effects of a company in 
 liquidation is void (6). But where they had levied an injuaction 
 was refused unless the liquidator paid the amount due (c). 
 
 By 57 Geo. 3, c. 93, s. 1, distresses for rates under 20 are 
 not to be charged for otherwise than as in the schedule 
 thereto (d). 
 
 Orders for the removal of paupers are addressed to these 
 officers or the guardians (e~). 
 
 Such orders must contain description of the pauper (/), and 
 actual chargeability (</); but not the grounds on which the 
 justices arrive at their conclusion (A). 
 
 (r) 17 Geo. 2, c. 38, s. 7 ; 54 Geo. 3, 
 c. 170, s. 12. 
 
 (s) East India Company v. Skin- 
 ner, I Bott. 249. 
 
 (0 Hurrell v. Wink, 8 Taunt. 369 ; 
 Morton v. Brammer, 29 L. J. M. C. 
 218 ; 2 L. T. 600. 
 
 (u) R. v. JJ. Gloucester, 24 J. P. 
 39; Yeicdall v. Craven, 29 ib. 197; 
 11 L. T. 368. 
 
 (v) Stevens v. Evans, 2 Burr. 1152. 
 
 (IT) Hutch ins v. Chambers, 1 ib. 
 579. 
 
 (tc) 39 & 40 Viet. c. 61, s. 31. 
 
 (a;) 41 Geo. 3, c. 23, s. 1. 
 
 (t/) Sect. 2. 
 (z) Page 39. 
 
 (a) 46 & 47 Viet. c. 52, s. 40. 
 
 (b) Ante, p. 25. 
 
 (c) He Dry Docks Co., 4 Ti. Rep. 
 737 ; W. N. 1888, 188. 
 
 (d) Pest, p 180. 
 
 0) 35 Geo. 3, c. 101 ; R. v. St. 
 Glare's, 3 Salk. 256. 
 
 (/) Johnson, 2 ib. 485. For Form, 
 see App. II. 28. 
 
 (g) R. v. Xithcrton, Burr. 139. 
 
 00 R. v. Boniton, ib. 680. See 
 Brighton v. Strand, [1891] 2 Q. B. 
 156; 64 L. T. 722.
 
 WARRANTS AND ORDERS. 
 
 45 
 
 HIGHWAY SURVEYORS. 
 
 The power of highway surveyors for the recovery of rates for Highway 
 the highway is the same as that of overseers (*'). surveyors. 
 
 Where the surveyor distrained for this rate under the warrant Highway 
 of a justice against a person not liable to pay he was held liable rate ' 
 for executing the warrant (/). But a rate not appealed from 
 may be enforced (&). 
 
 The certificate of justices for diverting or stopping up a high- Diverting 
 way also falls in this category (I). This must be confirmed by highways. 
 Quarter Sessions. The certificate must state actual inspection 
 by the justices (?), together (n), and consent of the owner (o). 
 It must not delegate to the surveyor a discretion (p), and no 
 part of any consecrated ground may be taken (5). 
 
 And a licence from justices for gathering stones (r), and Materials. 
 materials (s), belongs to this class. And so also does an order 
 to lop trees (f). Such an order does not confer a power to Trees, 
 top (M). 
 
 The order must specify the extent to which the owner is 
 required to cut the hedges (v) ; but service on the occupier is 
 sufficient (V). 
 
 (f) 5 & 6 Will. 4, c. 50, s. 34. 
 
 ( j) Freeman v. Read, 32 L. J. M. C. 
 226; 10 Jur. 149. 
 
 (A-) R. v. Oxfordshire, JJ., 18 L. J. 
 M. C. 222 ; 14 Jur. 575. 
 
 (Z) Sect. 85. For Form, see App. 
 II. 29. 
 
 (m) R. v. Downshire, 4 A. & E. 
 721 ; R. v. Jones, 12 ib. 684. 
 
 (n) R. v. Cambridge. JJ., 4 ib. 
 Ill ; R. v. Kent, JJ., 10 B. & C. 477. 
 
 (o) R. v. KM; 1 B. & C. 21, and 
 see R. v. Kent, JJ., 1 B. & C. 622. 
 
 ( p) R. v. Newmarket Co., 19 L. J. 
 M. C. 241. 
 
 (g) Rector of St. John's v. Pa- 
 rishioners, 2 Eob. 515. 
 
 (r) Sect. 51, and see Alresford v. 
 Scott, 7 Q. B. D. 210 ; 50 L. J. M. C. 
 103. For Form, see App. II. 30. 
 
 (s) Sect. 5-4. Certain places are 
 excepted from this section, but the 
 materials may be carried over or 
 through them : Ramsden v. Teates, 6 
 Q. B. D. 583 ; 50 L. J. M. C. 135. 
 
 (0 5 & 6 Will. 4, c. 50, s. 65. For 
 Form, see App. II. No. 30a. 
 
 (M) Umcin v. Hanson, 1891, 2 Q. B. 
 115; 7T. L. E. 488. 
 
 O) Brook v. Jenny, 2 Q. B. 265; 6 
 ib. 223: 1 G. & D. 567; 11 L. J. 
 M. C. 10 ; 5 J. P. 734. 
 
 (w) Woodard v. Billericay, 11 Ch. 
 D. 214.
 
 46 
 
 EXECUTIVE OFFICERS. 
 
 B. WHERE NO ADJUDICATION. 
 
 B. Where The warrants and orders under th's head also range thein- 
 noadjudi- se i ves un der those to which the king is or is not a party. 
 
 1. THE KING A PARTY. 
 
 1. King a 
 
 Party. 
 
 Queen's 
 
 messengers. 
 
 Warrant 
 
 for treason. 
 
 QUEEN'S MESSENGERS. 
 
 The Secretary of State (a) has power at common law to issue 
 to these officers a warrant for the arrest of a person charged with 
 treason or other offences affecting the Government (6). 
 
 POST OFFICERS. 
 
 Post The Secretary of State has power also to issue to these officers 
 
 officers. warrants for the opening, detaining:, and delaying of post letters. 
 Varrantto ^here must be an express wan ant for every suoh opening, de- 
 letters. C ' taming, or delaying (c). This is a prerogative warrant (cf). 
 
 Minister, 
 church- 
 wardens 
 and over- 
 seers. 
 
 Warrant of 
 coroner to 
 exhume. 
 
 Orders of 
 Privy 
 Council as 
 to burial- 
 grounds. 
 
 MINISTER, CHURCHWVRDENS, AND OVERSEERS. 
 
 The coroner has power at common law to issue a warrant 
 requiring these officers to exhume the body of a person within 
 a reasonable time after burial upon which it is his intention to 
 hold an inquest (e\ 
 
 Orders of the Privy Council issue directing such acts to be 
 d'one by and under the direction of the chun-h wardens or such 
 other person as may have the caie of any vaults or places of 
 burial, as shall prevent them from becoming or continuing 
 dangerous or injurioxis to the public health (/). If not done 
 
 (a) As to the visitation of religious 
 houses, see 25 Hen. 8, c. 21, s. 20. 
 
 (&) 1 Oh. Cr. Law, 34. 107 ; Hawk. 
 P. C. b. 2, c. 16 ; Kendal \. Bow, 1 
 Ld. Ray. 65; B. v. Wilkes, 2 Wils. 
 151. A like power is conferred on 
 the Privy Council, but this is obso- 
 lete. For the Form, see App. II. 31. 
 
 (c) 9 Anne, c. 10, s. 40. There is 
 no special Form in this case. As 
 a matter of practice it is seldom 
 employed. Cases have occurred in 
 recent years in which letters have 
 
 been tampered with, and the Home 
 Secretary has publicly disclaimed any 
 knowledge of the matter. Such tam- 
 pering is a misdemeanour, see post, 
 p. 202. 
 
 (d) Ordinances of 1656, 25, 5, 1663 
 and 25, 8, 1683, by which the Post 
 Office was established. 
 
 (e) Jervis, 5th td., p. 47. For 
 Form, see App. II. 32. 
 
 (/) 20 & 21 Viet. c. 81, s. 23. 
 These appear in the London Gazette.
 
 WAREANTS AND ORDERS. 
 
 47 
 
 State for 
 same pur- 
 pose. 
 
 within a reasonable time, the Secretary of State may by writing Of Secre- 
 under his hand authorize and direct the churchwardens to do tal 7 
 and complete the same (g). 
 
 These orders apply only to existing burial-grounds. Where, 
 therefore, they were issued in regard to a disused ground, they 
 were held no defence in an action against the churchwardens 
 for trespass (/*). 
 
 Orders of the Secretary of State to remove any body which For re- 
 may have been interred ('). moval'of 
 
 This section seems to be relied on by the Secretary of State d y 
 
 as a sufficient authority to him to order exhumation in any case 
 where that course appears desirable or necessary. This is, 
 perhaps, doubtful. 
 
 CONSTABLES. 
 
 The following warrants and orders of this class are executed 
 by constables. 
 
 The Secretary of State issues his warrant under the Extra- 
 dition Act (_/), and any person to whom such warrant is directed 
 may receive, hold in custody, and convey within the jurisdiction 
 of the foreign State the criminal mentioned therein ; and if the 
 criminal escapes out of any custody to which he may be de- 
 livered on or in pursuance of such warrant, he may be retaken 
 in the same manner as any person accused of any crime (k\ 
 
 This Act applies only subject to treaty (/), and generally not 
 to offences of a political character (m). If the description of the 
 offence is sufficient, the warrant will be good (n\ A person 
 already in custody may be detained (o). 
 
 The Act applies to all persons" of whatever nationality com- 
 mitting the specified crimes in the treaty countries, unless by 
 treaty specially exempted (j>). 
 
 The offences in the schedule to the Act (<f) are all indictable 
 by our law. 
 
 Also under the Fugitive Offenders Act (r), and in this case 
 there is the same proviso as to retaking on an escape (s). 
 
 And under the Criminal Lunatics Acts (t) such warrant may 
 
 In re Bellencontre, 7 T. L. K. 315 ; 39 
 W. K. 381; 1891, 2 Q. B. 122; 61 
 L. T. 461. 
 
 (o) E. v. Weil, 9 Q. B. D. 701. 
 
 ( p) E. v. Ganz, ib. 93. 
 
 (g) And see 36 & 37 Viet. c. 60, 
 s. 8. 
 
 (r) 44 & 45 Yict. c. 69, s. 6. For 
 Form, see App. II. 35. This is ad- 
 dressed to the keeper of the prison. 
 
 (*) Ibid. s. 28. 
 
 (0 47 & 48 Yict. c. 64, s. 15, and 
 see 23 & 24 Viet. c. 75, s. 2 ; 39 & 40 
 Geo. 3, c. 94, and 46 & 47 Viet. c. 38. 
 
 (<j) 22 Viet. c. 1, s. 1. No Form 
 for general use under this Act has 
 yet been settled. 
 
 (ft) Foster v. Dodd, L. E. 3 Q. B. 
 67. 
 
 (0 20 & 21 Viet. c. 81, s. 25. For 
 Form, see App. II. 33. 
 
 (j) 33 & 34 Viet. e. 52, s. 11. For 
 the Form, see App. II. 34. 
 
 (/O Ibid. See post, p. 82. 
 
 (I) See E. v. Wilson, 3 Q. B. D. 
 42. 
 
 (m) Ex parte Castieni, 1891, 1 
 Q. B. 149 ; 39 W. R. 202. 
 
 00 Ex, parte Terraz, 4 Ex. D. 63 ; 
 
 Constables. 
 
 Warrants 
 of Secre- 
 tary of 
 State. 
 
 Extradi- 
 tion. 
 
 Fugitive 
 offenders. 
 
 Criminal 
 lunatics.
 
 48 
 
 EXECUTIVE OFFICERS. 
 
 Quarter 
 sessions 
 bench 
 warrant. 
 
 Riot. 
 
 Warrants 
 of justices. 
 
 Treason, 
 felony, or 
 other 
 indictable 
 offence. 
 
 be executed by any constable, as if it were for the arrest of a 
 person charged with an offence (). 
 
 Quarter sessions have power to issue a bench warrant for the 
 arrest of a person charged with felony or misdemeanour (r). 
 
 Where a riot exists, a justice present may verbally order its 
 dispersal. One hour after the reading of the proclamation the 
 justice may order the mob to be fired into or charged sword in 
 hand (to). 
 
 But the warrants which are addressed to constables fur execu- 
 tion are principally those of justices of the peace out of sessions. 
 
 In all cases of treason felony or other indictable offence (x), 
 the warrants issued fall within this category (#). 
 
 (u) 47 & 48 Viet. c. 64. See App. II., 18, for the Forms. As to the warrants 
 of the Secretary of State for War for billeting soldiers, see 44 & 45 Met. c. 58, 
 B. 104. 
 
 () 1 Ch. Cr. Law, 339. For the Form, see App. I., 5. 
 
 (w) B. v. Neale, 9 C. & P. 431 ; B. v. Pinney, 5 ib. 254 ; Kelghley v. Sell, 
 4 F. & F. 790. 
 
 (*) Eawlins \. Ellis, 16 M. & W. 172 ; and see Conybeare y. The School 
 Board for London, 63 L. T. 635 ; 39 W. R. 288 ; 55 J. P. 151. 
 
 (y) Warrants generally are granted under 11 & 12 Viet. c. 42, ss. 1-5, 
 9-16, 21, 24, and 25; 11 & 12 Viet. c. 43, ss. 2, 3, 7, und 19; and as regards 
 the Metropolis, under 2 & 3 Viet. c. 71, ss. 19-25. Indictable offences are : 
 
 Abduction 24 dc 25 Viet. c. 100, ss. 54-56. 
 
 Abettors in misdemeanour . . . 24 & 25 Viet. c. 94, s. 8. 
 
 Abortion 24 & 25 Viet. c. 100, ss. 58, 59. 
 
 Animals, killing or maiming 
 Aqueducts, &c., injuring 
 Admiralty, uttering false certificates 
 
 personating person entitled . 
 Aliens, false declaration . 
 Anns, training to use . . . 
 Arson ..... 
 Assault committed, &c., on female 
 
 on parish officer . . . 
 
 on county constable 
 
 promoting another to do so . 
 
 on person arresting 
 Attempt to commit felony . . 
 Bank notes, making . . . 
 Bankrupt frauds . . 
 
 Bigamy ..... 
 Blasphemous libel . . . 
 Bribery at elections . 
 Bridges, malicious injury . 
 Buoys, interfering with 
 Burglary ..... 
 Carnal knowledge, attempt . 
 Chain, cables, &c., malicious injury 
 Challenge to fight 
 Cheating by false weight . . 
 Child, stealing .... 
 Children under 13. carnal abuse . 
 Chloroform, administering with intent 
 Choke, attempt to ... 
 Church or meeting-house . . 
 disturbing .... 
 
 24 \- -25 Vic-t. c. 97, ss. 40, 41. 
 
 s gg 
 
 28 & 29 Viet. c. 124, s. 6. 
 
 33 & 34 Viet. c. 102, s. 2. 
 60 Geo. 3, c. 1, s. 1. 
 24 & 25 Viet. c. 97, ss. 1-8. 
 Common law. 
 
 13 & 14 Viet. c. 100, s. 9. 
 
 1 & 2 Wm. 4, c. 41, s. 11. 
 
 2 & 3 Viet. c. 93, s. 8. 
 
 14 & 15 Viet. c. 19, s. 12. 
 Common law. 
 
 24 & 25 Viet. c. 98, ss. 9-11. 
 32 & 33 Viet. c. 62, ss. 4-16. 
 46 & 47 Viet. c. 52, s. 163. 
 24 & 25 Viet. c. 100, s. 57. 
 Common law. 
 
 24 & 25 Viet. c. 97, ss. 30, 31. 
 
 , ss. 47, 48. 
 
 24 & 25 Viet. c. 96, ss. 50-52. 
 Common law 
 27 & 28 Viet. c. 27, s. 12. 
 Common law. 
 
 24 & 25 Viet. c. 100, s. 59. 
 48 & 49 Viet. c. 69, s. 4. 
 24 ,V 25 Viet. c. 100, s. 22. 
 
 , s. 15. 
 
 1 Wm. &M. c. 18, s. 15. 
 51 Geo. 3, c. 155, s. 13.
 
 WARRANTS AND ORDERS. 
 
 49 
 
 These warrants are of three kinds, namely arrest, search, and 
 remand. 
 
 Coin offences .... 
 Combinations, unlawful 
 
 Compounding felony . 
 misdemeanour 
 informations 
 
 Conspiracies .... 
 Contract of service, breaking 
 Constable, refusing to assist, when 
 
 quired ..... 
 Copyright, false registration 
 Crime, extortion by accusing of 
 Cruelty to those under one's control 
 
 to children .... 
 Customs offences 
 Dead body, disinterring 
 Declaration, makiug false 
 Deer taking .... 
 Desertion, army .... 
 
 navy ..... 
 Disobedience of order of justices, or 
 
 direction under statute with no 
 
 penalty .... 
 Disorderly house, keeping . 
 
 Election offences 
 
 24 & 25 Viet. c. 99. 
 39 Geo. 3, c, 79, s. 3. 
 57 Geo. 3, c. 19, s. 25. 
 Common law. 
 
 18 Eliz. c.\ s. 4. 
 
 56 Geo. 3, c. 138, s. 2. 
 
 Common law. 
 
 38 & 39 Viet. c. 86, s. 5. 
 
 Common law. 
 
 5 & 6 Viet. c. 45, s. 12. 
 
 24 & 25 Viet. c. 96, ss. 46-49. 
 
 Common law. 
 
 52 & 53 Viet. c. 44, s. 1. 
 
 39 & 40 Viet. c. 36. 
 Common law. 
 
 5 & 6 Will. 4, c. 62, s. 21. 
 24 & 25 Viet. c. 96, ss. 12-16. 
 42 & 43 Viet. c. 33, s. 12. 
 29 & 30 Viet. c. 109, s. 9. 
 
 municipal 
 Embezzlement 
 Entry, forcible 
 
 Escape of felon, aiding 
 
 rescue in felony or misdemeanour . 
 Excise offences ..... 
 
 Explosives ...... 
 
 Extradition ..... 
 
 Extortion by colour of office 
 
 False imprisonment .... 
 
 False pretences ..... 
 
 Falsification of accounts 
 
 Felony, misprision of . 
 
 Fireworks, nuisance by ... 
 
 Fish stealing ..... 
 
 Foreign enlistment .... 
 
 shipbuilding .... 
 
 aiding equipment .... 
 
 Forgery ...... 
 
 Friendly societies circulating false 
 copies of rules .... 
 
 Fugitive offenders . . . . 
 
 Common law. 
 
 25 Geo. 2, c. 36, ss. 5-8. 
 58 Geo. 3, c. 70, s. 7. 
 
 6 & 7 Viet. c. 18, ss. 81, 89. 
 28 & 29 Viet. c. 36, s. 11. 
 17 & 18 Viet. c. 102, ss. 2, 3. 
 
 26 & 27 Viet. c. 29, s. 1-4. 
 24 & 25 Viet. c. 53, s. 5. 
 35 & 36 Viet. c. 60, s. 3. 
 
 24 & 25 Viet. c. 96, ss. 68-81. 
 
 5 Kic. 2, c. 8. 
 
 15 Kic. 2, c. 2. 
 
 8 Hen. 6, c. 9. 
 
 21 Jac. 1, c. 15. 
 
 28 & 29 Viet. c. 126, s. 37. 
 
 Common law. 
 
 7 & 8 Geo. 4, c. 53, s. 65. 
 43 & 44 Viet. c. 24, s. 20. 
 38 & 39 Viet. c. 17, s. 73. 
 33 & 34 Viet. c. 52, s. 8. 
 Common law. 
 
 38 & 39 Viet. c. 24, s. 1. 
 Common law. 
 
 23 & 24 Viet. c. 139. 
 
 24 & 25 Viet. c. 96. 
 
 33 & 34 Viet. c. 90, ss. 4-7. 
 
 , s. 8. 
 
 , ss. 10, 12. 
 
 24 & 25 Viet. c. 98. 
 
 38 & 39 Viet. c. 60, s. 16. 
 44 & 45 Viet. c. 69. ss. 4, 16.
 
 50 
 
 EXECUTIVE OFFICERS. 
 
 Arrest. 
 Jurisdic- 
 tion back- 
 ing. 
 
 Arrest. 
 
 The warrant of arrest can be executed only within the juris- 
 diction of the magistrate who issues it (2), otherwise it must be 
 
 Game offences . 
 Gaming, cheating at p'ay 
 Gaming-house, keeping 
 
 HopMnds, destroying . 
 
 false marking bags 
 
 Housebreaking . 
 
 Indecent exposure . 
 
 prints . 
 
 Industrial schools . 
 Jesuits ...... 
 
 Kidnapping . 
 
 Larceny ...... 
 
 Libel against Queen . 
 
 administration of justice 
 
 publishing against person 
 Lodger, false declaration 
 Lotteries ...... 
 
 Lunatics, offences against . 
 
 criminal . 
 
 Maintenance . . . 
 Manslaughter . 
 
 Medical practitioner, false registration , 
 Merchandise marks . 
 Merchant shipping . 
 
 Municipal corporations, appropriating 
 
 money of .... 
 Mint, conveying tools, &c., out of 
 Murder ..... 
 Music and dancing unlicensed 
 Mutiny ..... 
 Nuisance on highway . 
 Oaths, taking unlawful 
 Office, buying or selling 
 
 Penal servitude, at large during . 
 Personation .... 
 Perjury . . . . 
 
 Pharmacy, false registration 
 Poor-officer promoting marriage of 
 
 mother of bastard 
 injuring rate-book, or false evidence 
 
 to assessment committee . 
 
 9 Geo. 4, c. 69, ss. 1, 2, 9. 
 8 & 9 Viet. c. 109, s. 19. 
 Common law. 
 
 16 & 17 Viet. c. 119, s. 11. 
 24 & 25 Viet. c. 97, s. 19. 
 29 & 30 Viet. c. 37. 
 24 & 25 Viet. c. 96, s. 57. 
 Common law. 
 
 29 & 30 Viet. c. 117, s. 31. 
 
 10 Geo. 4, c. 7, s. 28. 
 Common law. 
 
 24 & 25 Viet. c. 96. 
 Common law. 
 
 6 &'V Vict."c. 96, ss. 3-5. 
 34 & 35 Viet. c. 79, s. 1. 
 10 Will. 3, c. 23, s. 1. 
 
 42 Geo. 3. c. 119, s. 1. 
 
 16 & 17 Viet. c. 96, ss. 73, 74, 93, 
 122 123 
 
 23 & 24 Viet. c. 75, ss. 12, 13. 
 Common law. 
 
 24 & 25 Viet. c. 100. 
 
 21 & 22 Viet. c. f)0, s. 38. 
 
 50 & 51 Viet. c. 28, ss. 2, 3, 13. 
 
 17 & 18 Viet. c. 104, s. 366. 
 
 19 & 20 Viet. c. 41, s. 6. 
 
 14 & 15 Viet. c. 102, s. 55. 
 39 & 40 Viet. c. 80, s. 4. 
 
 45 & 46 Viet. c. 50. 
 
 24 & 25 Viet. c. 97, s. 25. 
 
 24 & 25 Viet. o. 100. 
 
 25 G( o. 2, c. 36. 
 37 Geo. 3, c. 70. 
 Common Law. 
 
 5 & 6 Will. 4, c. 62, s. 13. 
 
 5 Ed. 6, c. 1 6. 
 
 49 Oeo. 3, c. 126, s. 3. 
 
 28 & 29 Viet. c. 126. 
 
 28 & 29 Viet. c. 124. 
 
 5 Eliz. c. 9, s. 3. 
 
 21 & 22 Viet. c. 78, a. 31. 
 
 20 & 21 Viet. c. 85, s. 50. 
 
 21 & 22 Viet. c. 108, s. 23. 
 
 15 & 16 Viet. c. 56, s. 15. 
 
 7 & 8 Viet. c. 101. s. 8. 
 25 & 26 Viet. c. 103, s. 40. 
 
 (2) For Form see App. II. 36.
 
 WARRANTS AND ORDERS. 
 
 51 
 
 backed before execution by a magistrate in whose jurisdiction 
 the execution is required to be made (a), except that of a police 
 magistrate issued under the Extradition Act (6). Offences agaiust 
 
 Piles, cutting 
 
 
 
 
 
 24 & 25 Viet c. 97. 
 
 Piracy 
 
 
 
 
 
 7 Will. 4, & 1 Viet. c. 88. 
 
 Post office . 
 
 
 
 
 
 7 Will. 4, & 1 Viet. c. 36, ss. 35, 3G. 
 
 Pound, breach 
 
 
 
 
 
 Common law. 
 
 Prize-fights 
 
 
 
 
 
 > 
 
 Queen, firing at 
 
 
 
 
 
 5 & 6 Viet. c. 51, a. 2. 
 
 Railway oft'euces 
 
 
 
 
 
 3 & 4 Viet. c. 97, a. 13. 
 
 Rape ...... 
 
 Real estate, false statement as to title . 
 
 Receiving stolen goods 
 Reformatory schools . 
 
 Registration of marriage, false declara- 
 tion 
 
 Rescue .... 
 
 Riot 
 
 Robbery .... 
 
 Sacrilege .... 
 
 Sea-banks, interfering with 
 
 Savings banks . 
 
 Seamen, preventing ship loading 
 
 Signals, altering 
 
 Slave trade 
 
 Sluices, opening. 
 
 Smuggling 
 
 Soliciting commission of offence 
 Suicide, attempt 
 Tampering with witness 
 Trades unions . 
 Trade-offences . 
 
 Treason ..... 
 Treason-felony .... 
 Treasure-trove, selling 
 Unnaturul crime 
 
 Unwholesome meat, offering for sale 
 Vaccination, false certificate 
 Vendors selling deeds. 
 Ves>els, malicious injury 
 Viaducts, malicious injury . 
 War stores offences 
 WitV. exposing for sale 
 Witchcraft, pretending 
 Workshop regulation, offences against 
 Wreck, impeding escape 
 interfering with . 
 
 24 & 25 Viet. c. 97. 
 
 31 &32 Viet. c. 119,8.5. 
 34 & 35 Viet. c. 78, s. 10. 
 Common law. 
 
 25 & 26 Viet. c. 53, s. 105. 
 25 & 26 Viet. c. 67, a. 44. 
 24 & 25 Viet. c. 96, s. 95. 
 29 & 30 Viet. c. 118. 
 
 7 Will. 4, c. 24. 
 
 3 & 4 Viet. c. 72, s. 7. 
 
 19 & 20 Viet c. 119, ss. 12, 18. 
 
 14 & 15 Viet. c. 100, s. 29. 
 
 Common law. 
 
 24 & 25 Viet. c. 96. 
 
 24 & 25 Viet. c. 97. 
 26 & 27 Viet. c. 87, s. 5. 
 33 Geo. 3, c. 67, ss. 1, 3. 
 24 & 25 Viet. c. 97. 
 36 & 37 Viet. c. 88. 
 24 & 25 Viet. c. 97. 
 7 & 8 Geo. 4, c. 53. 
 39 & 40 Viet. c. 36. 
 Common law. 
 
 31 & 32 Viet. c. 110, a. 20. 
 
 34&3S Viet. c. 3!,s. 18. 
 
 25 & 26 Viet. c. 89, s. 16rt. 
 
 30 & 31 Viet. c. 131, s. 19. 
 
 33 & 34 Viet. c. 61, 8. 19. 
 
 25 Ed. 3, s. 5. 
 
 11 & 12 Viet. c. 12, ss. 3-10. 
 
 Common law. 
 
 24 & 25 Viet. c. 100, s. 61. 
 
 Common law. 
 
 30&31 Viet. c. 84,8.30. 
 
 22 & 23 Viet. c. 35, s. 24. 
 
 24 & 25 Viet. c. 97. 
 
 30 & 31 Viet. c. 128, s. 5. 
 
 Common law. 
 
 9 Geo. 2, c. 5, s. 4. 
 
 41 & 42 Viet c. 16. 
 
 24 & 25 Viet. c. 9fi, ss. 64-66. 
 
 24 & 25 Viet. c. 100, ss. 17, 37. 
 
 () 4 Black. 29. 
 
 (6) 33 & 34 Viet. c. 52, s. 13. 
 E 2
 
 52 
 
 EXECUTIVE OFFICERS. 
 
 By whom 
 executed. 
 
 When 
 warrant 
 must be in 
 possession 
 of officer. 
 
 the Coin, Explosives, Forgery, Larceny, Malicious Injury, Mer- 
 chant Shipping, and Post Office Acts, are triable where the 
 offender is found (c). It may be executed without being backed, 
 not only by apprehending the offender at any place in the dis- 
 trict of the justice's jurisdiction, but also where there is fresh 
 pursuit at any place in the next adjoining county or place, and 
 within seven miles of the border of such district. And offences 
 committed on a vehicle are triable in any place through which 
 such vehicle passed (d). If it be directed to all constables in the 
 jurisdiction of the justice, it may be executed by any peace- 
 officer for any parish, township, hamlet, or place within such 
 jurisdiction (e). If it be directed to a particular officer, it must 
 be executed by him (/). 
 
 In all cases other than treason and felony (0) the officer is 
 bound to have the warrant on him at the time of the arrest, 
 otherwise the arrest will be illegal, resistance thereto will be 
 lawful (A), and the killing of the officer in order to prevent the 
 arrest will be manslaughter only (f). 
 
 Search. 
 
 When 
 warrant 
 of arrest 
 implied. 
 
 Seizure to 
 be limited 
 to property 
 named. 
 
 Search. 
 
 A search warrant is confined to comparatively few cases, 
 such as stolen property (/), obscene books (F), explosives (/), 
 unwholesome food (m), hops improperly marked (n), merchan- 
 dize marks (o), licensing (j>), vagrants (g), and forged instru- 
 ments (r). 
 
 Where the property sought for is found on the premises 
 searched, a warrant of apprehension seems to be involved in 
 this warrant, so that the arrest (if any) would take place under 
 the warrant, and not of the constable's own motion (s). But if 
 he seizes other property than that named, he will be liable to 
 an action of trespass (*) ; and so also will he be if he stay an 
 unreasonable time on the premises (tf). 
 
 Jur. N. S. 642; 31 L. J. M. C. 123; 
 10 W. E. 353 ; 5 L. T. N. S. 835. 
 
 (0 R. v. Chapman, 12 Cox, C. C. 4. 
 
 (/) 24 & 25 Viet, c. 96, s. 103. For 
 Form, see App. II. 37. 
 
 (A-) 20 & 21 Viet. c. 83, s. 1. 
 
 (I) 38 & 39 Viet. c. 17, s. 73. 
 
 (m) 38 & 39 Viet. c. 55, s. 119; 
 52 & 53 Viet. c. 11, s. 4; and see 
 6 & 7 Will. 4, c. 37, s. 11. 
 
 (n) 29 & 30 Yict. c. 37, s. 10. 
 
 (o) 50 & 51 Viet. c. 28, s. 12. 
 
 (P) 37 & 38 Viet. c. 49, s. 17. 
 
 (q) 5 Geo. 4, c. S3, s. 13. 
 
 (r) 24 & 25 Viet. c. 98, s. 46. 
 
 (s) Wyatt v. Wh ite. 29 L. J. Ex. 193. 
 
 (0 Crazier v. Cundy, 6 B. & C. 
 232 ; 9 D. & K. 224. 
 
 (tf) Peppercorn v. Hoffman, 9 M. 
 & W. 628. 
 
 (c) See R. v. Peel, 32 L. J. M. C. 
 65; 9 Cox, C. C. 220; 8 Jur. 1185; 
 7 L. T. 336 ; 11 W. E. 40; 26 J. P. 
 757. 
 
 (d) 7 Geo. 4, c. 64, ss. 12 and 13; 
 R. v. French, 8 Cox C. C. 252. 
 
 (e) R. v. Cumpton, 5 Q. B. D. 341 ; 
 49 L. J. M. C. 41 ; 42 L. T. 543 ; 28 
 W. K. 539 ; 40 J. P. 489. 
 
 (/) Sleph. Crim. Prrc. Art. 104, 
 and see Gladwtll v. Blake, 1 C. M. 
 & E. 636: 5 Tyr. 186; Lee v. Fmey, 
 
 1 H. & N. 30 ; 25 L. J. Ex. 271 ; and 
 R. v. Patience, 7 C. & P. 77.">. 
 
 (gr) For a list of these offences, see 
 post, p. 82. 
 
 (A) Codd v. Cabe, 1 Ex. D. 352; 
 45 L. J. M. C. 101 ; 34 L. T. 453; 12 
 Cox C. C. 202; Gall in rd v. L<ij-t<i. 
 
 2 B. & S. 363; 9 C. C. C. 127 ; s
 
 WARRANTS AND ORDERS. 
 
 53 
 
 In connection with this branch there are two cases which 
 require special mention, the fir.-st being that of stolen property, 
 and the second that of explosives. 
 
 As to stolen property, it is laid down that a constable may, when 
 duly authorized by any chief officer of police, search and seize 
 and secure any property he may believe to have been stolen, in 
 the same manner as he would be atithorized to do if he had a 
 search warrant, and the property seized (if any) corresponded 
 to the property described in such search warrant. 
 
 It shall be lawful for any chief officer of police to give such 
 authority as aforesaid in the following cases or either of them : 
 
 (1.) When the premises to be searched are, or within the 
 preceding twelve months have been, in the occupation of any 
 person who has been convicted of receiving stolen property or 
 of harbouring thieves ; or, 
 
 (2.) When the premises to be searched are in the occupation 
 of any person who has been convicted of any offence involving 
 fraud or dishonesty, and punishable by penal servitude or 
 imprisonment. 
 
 And it shall not be necessary for such chief officer of police, 
 on giving such authority to specify any particular property, but 
 he may give such authority if he has reason to believe gene- 
 rally that such premises are being made a receptacle for stolen 
 goods (it). 
 
 As to explosives, any officer of police who has reasonable cause 
 to suppose that any offence against the Explosives Act is being 
 committed in respect of any carriage (not being on a railway), 
 or any boat conveying, loading, or unloading any explosive, and 
 that the case is one of emergency, may stop, enter, inspect, and 
 examine such carriage or boat, and geneially take such precau- 
 tions as may be necessary to remove any danger, as if the 
 explosives were liable to forfeiture. 
 
 In such case he is to be in the same position as if armed with 
 a search warrant granted under this Act (v). 
 
 Similar power is conferred on constables or any officer 
 authorized by the local authority in the case of the hawking of 
 petroleum (MJ). Here the amount conveyed is not to exceed 
 twenty gallons, to be in closed vessel, which must be properly 
 ventilated; lights not to be brought near; carriage not to 
 permit of escape ; escape into part of house or drain to be pre- 
 
 (w) Chief officer means in London 
 the commissioners ; elsewhere the 
 chief constable, or other officer in 
 command or any person authorized 
 by him: 34 & 35 Viet. c. 112, 
 BS. 16, 20, 
 
 (r) 38 & 39 Viet, c, 17, e. 75. By 
 s. 73, a superintendent or a govern- 
 ment inspector may, in case ot emer- 
 gency, issue an order toenter prt raises, 
 &c., to a constable or officer of the 
 
 local authority. Such an order would 
 amount to a warrant. And by s. 74 
 those officeis or a justice may order 
 the substance seized to be destroyed 
 or rendered harmless. But a sample 
 must first be taken and a portion 
 thereof given to the owner or person 
 having control of the explosive at 
 the time of seizure 
 
 ( ic i 44 & 45 Viet. c. Gl, s. 4; 
 31 & 35 Viet. c. 105, s. 13. 
 
 Stolen pro- 
 perty, 
 order of 
 chief officer 
 of police. 
 
 Premises 
 occupied 
 by con- 
 victed 
 persons. 
 
 Explosives. 
 
 Petroleum.
 
 54 EXECUTIVE OFFICEES. 
 
 vented; to be properly stored when not being hawked; all 
 precautions to be taken to prevent accident ; no other explosive 
 to be in same carriage while being used (#). 
 
 Remand. 
 
 Metropoli- 
 tan. 
 
 Betting. 
 
 What is 
 house, 
 room, 
 office, or 
 place. 
 
 Common 
 gaming- 
 house. 
 
 Remand. 
 
 A warrant of remand is granted to detain a person charged in 
 custody pending the further hearing of the case (/) ; and, in 
 certain cases, the order may be verbal (z). 
 
 As regards the Metropolis, it is laid down that the Commis- 
 sioner (a) may issue an order in wriiing authorizing a superin- 
 tendent to enter any house, office, room, or place within the 
 metropolitan police district kept or used as a betting-house or 
 office contrary to the Act, with such constables as shall be 
 directed by the Commissioner to accompany him, and, if neces- 
 sary, to use force for the purpose of effecting such entry either 
 by breaking open doors or otherwise. Having entered he may 
 arrest all persons found therein, and seize all lists, cards, or 
 other documents relating to racing or betting there found (6). 
 
 With regard to what is such a house, office, room, or place, it 
 has been held, and may now be taken as settled, that any kind 
 of inclosure, whether covered or not, with or without an ejec- 
 tion, may come within the Act (c). But a table in Hyde 
 Park (d), or a club where members bet with one another is 
 not (e). The owner is not liable if he take no part (/), nor is 
 a person betting in an inclosure if he do not remain in a fixed 
 place (g). 
 
 A similar power is conferred on the Commissioner in the case 
 of a common gaming-house, and inasmuch as a betting-house is 
 within the Gaming House Act, the entry into a betting-house is 
 usually effected by an order under this Act (A). 
 
 (a;) 44 & 45 Viet. c. 67, s. 2. 
 
 (y) For the Form, see App. II. 38. 
 
 (z) 11 & 12 Viet. c. 43, s. 20. 
 
 (a) This officer is a justice: 10 
 Geo. 4, c. 44, s. 1. 
 
 (6) 16 & 17 Viet. c. 119, s. 12. 
 For Form, see App. II. 39. The 
 persons arrested need not be actually 
 engaged in contravention of the Act : 
 Anderson v. Hume, 46 J. P. 825 ; 
 Blake v. Beech, I Ex. D. 320 ; 45 
 L. J. M. C. Ill; 40 J. P. 678; 3t 
 L. T. 674. But the bitting must be 
 on the premises : Jtarit v. Mcpln n.->ii, 
 24 Q. B. D. 529 ; 59 L. J. M. C. 73 ; 
 62 L. T. 436 ; 38 W. E. 492 ; 54 J. P. 
 565 ; 6 T. L. K. 242. 
 
 (c) Eotlu-,,,,,1 v. Millr, L. R. 9 
 Q. B. 443 ; Shine v. Morley, L. R. 3 
 Ex. 137; Ilniyli v. Sheffield, L. R. 
 10 Q. B. 102; Galloway v. Maries, 
 
 8 Q. B. D. 275 ; 50 \V. R. 151 ; 51 
 L. J. M. C. 53 ; 45 L. T. N. S. 763 ; 
 46 J. P. 326. See Boies v. Ft-nu-ick, 
 L. R. 9 C. P. 339; Clarke v. Hai/ne, 
 2 E. & E. 281 ; Coyne v. Brady, 12 
 Ir. C. L. 577. 
 
 (d) Doggett v. Catterns, 19 C. B. 
 N. S. 765 ; 34 L. J. C. P. 159. 
 
 (e) Oldham v. Beimel* n, 44 L. J. 
 C. P. 309 ; 32 L. T. 825 ; 39 J. P. 
 583 ; R. v. Bozier, 1 B. & C. 272 ; 
 B. v. Taylor, 3 B. & C. 502. 
 
 (/) B. v. Cook, 48 J. P. 351 ; 32 
 W. R. 795. 
 
 (0) Snow v. Hill, 14 Q. B. D. 588, 
 followed in Wl&Uilumt v. Fin>:lti.-r, 
 17 C-.x, 70 ; aud see B. v. Hulton, 1 
 Ti. Rep. 491. 
 
 (70 ,t 9 Viet. c. 109, ss. 6 and 7; 
 and see 2 & 3 Viet. c. 47, s. 48.
 
 WARE ANTS AND ORDERS. 
 
 55 
 
 Jenks v. 
 Turpin. 
 
 Definition. 
 
 Evidence in 
 support. 
 
 Club. 
 
 The case of Jenks v. Turpin (i) contains a resume of the statute 
 and common law relating to gaming; and from the judgments 
 of Hawkins and Smith, J J., there can be little doubt as to what 
 is a common gaming-house. 
 
 A common gaming-house is " a house in which a large number 
 of persons are invited habitually to congregate for the purpose 
 of gaming (j). 
 
 " In default of other evidence, it shall be sufficient to prove : 
 (1) that such house or place is kept or used for playing therein 
 at any unlawful game, and that a bank is kept there by one or 
 more of the players exclusively of the others ; or (2), that the 
 chances of any game played therein are not alike favourable to 
 all the players, including among the players the banker or 
 other person by whom the game is managed, or against whom 
 the other players stake, play, or bet " (&). 
 
 It is immaterial whether the bank is kept by the owner, 
 occupier, or keeper of the house, or by one of the players. 
 
 A house is not less a common gaming-house because gaming 
 therein is restricted to the members of a club who resort thereto. 
 " To no gaming-house is the public at large invited to go with- 
 out restriction of some sort or other ... If the admission of 
 500 persons does not make it a common gaming-house, it might 
 equally be said that the admission of 5000 would not. The law 
 does not require that it shall be a public gaming-house : a 
 common gaming-house is that which is forbidden " (Z). 
 
 If the house be not exclusively devoted to gaming, that will 
 not prevent it from coming under the description if such be 
 the fact. 
 
 The following games are unlawful at the present day : Ace 
 of hearts, pharaoh (or faro), baccarat, basset, hazard, passage, 
 roulet, every game of dice except backgammon, and every game 
 of cards which is not a game of mere skill, and any other game 
 of mere chance. 
 
 CUSTOMS. 
 
 Tho warrants which are addressed to Customs officers, and Customs. 
 which fall in this category, are 
 
 House not 
 entirely 
 devoted to 
 gaming. 
 
 Unlawful 
 games. 
 
 Arrest, 
 
 which is granted by justices under 39 & 40 Viet. c. 36, s. 221 (TO), Arrest, 
 and may be executed without backing anywhere in the United 
 Kingdom. 
 
 Search, 
 which is either under a writ of assistance issuing from the High Search. 
 
 (0 13 Q. B. D. 505 ; 52 L. J. M. C. 
 161; 50 L. T. 808; 49 J. P. 20. 
 (j) 13 Q. B. D. 516. 
 
 (fc) 8 & 9 Viet. c. 109, ss. 2, 5, 8. 
 
 (0 13 Q. B. D. 515. 
 
 (m) For Form, see App. II. 36.
 
 56 
 
 EXECUTIVE OFFICERS. 
 
 Sea 
 fisheries. 
 
 Secretary 
 of State. 
 Foreign 
 
 enlistment. 
 
 Merchant 
 shipping. 
 
 Excise. 
 
 Court, or justice's warrant under sects. 204 and 205 of the same 
 Act (n). 
 
 The writ of assistance apparently confers no further power 
 than the justice's warrant (o) ; and in an action of trespass 
 thereunder, entry can only be justified by the event (p). 
 
 The warrant of justices under the Sea Fisheries Act, 1888, to 
 enter suspected places is executed by these officers (5). 
 
 And so also is the warrant of the Secretary of State to search 
 a ship believed to be fitted out contrary to the provisions of the 
 Foreign Enlistment Act (r), and, if necessary, to detain her (s). 
 
 Detention. 
 
 Those officers (or those of the Board of Trade) may by order 
 of the detaining officer provisionally or finally detain a ship as 
 unsafe (). 
 
 The question in these cases is whether the facts with regard 
 to the ship as she lays in port which would have been apparent 
 to a person of ordinary skill on examining her and inquiring 
 about her would have given him reasonable and probable cause 
 to suspect her safety (u). 
 
 EXCISE. 
 The warrants in this class to these officers are 
 
 Arrest, 
 Arrest. which is issued under 7 & 8 Geo. 4, c. 53, s. 90 (uu). 
 
 Search, 
 
 Search. which issues under sect. 34 of the same Act, sect. 48 of 23 & 24 
 Viet. c. 114, and sect. 140 of 43 & 44 Viet. c. 24. This last may 
 be executed in the night, provided it be in the presence of a 
 constable (0). 
 
 Distress, 
 
 Distress. If any duty payable by a brewer remain unpaid, the collector 
 
 Brewer. may by warrant empower any person to distrain all beer, malt, 
 
 (n) App. II. 37 and 40. 
 
 (o) Per Kelly, arg. in E. v. Watts, 
 
 2 B. & Ad. 172. 
 
 (p) Per De Grey, C.J., in Bostock 
 v. Suunders, 2 W. Bla, 912, upheld 
 l>y Lord Mansfield in Cooper v. llou/li, 
 
 3 Esp. 135, though the principal 
 decision was overruled. 
 
 (q) 51 & 52 Viet. c. 59, s. 7. No 
 Form is yet settled. 
 
 (r) 33 & 31 Viet. c. 90, s. 25. No 
 form for general use under this Act 
 has yet been settled. 
 
 (s) 33 & 3 1 Viet. c. 90, s. 23, and see 
 It. v. tiandoval, 56 L. T. 526; 35 
 W. E. 500; 51 J. P. 709; 16 Cox, 
 C. C. 206. 
 
 (<) 39 & 40 Viet. c. 80, s. 6. For 
 the Form, see App. II. 41. 
 
 (u) Thompson v. Farrer, 9 Q. B. D. 
 372. As to compensation where no 
 reasonable cause for detention, her 
 s. 10. 
 
 (mi) For the Form, see App. II. 
 36. 
 
 (r) Ibid. 37.
 
 WARRANTS AND ORDEES. 
 
 57 
 
 or other materials for brewing, vessels and utensils belonging to 
 the brewer, or in any premises in the use or possession of the 
 brewer, or of any person on his behalf or in trust for him, and 
 to sell the same by public auction, giving six days' previous 
 notice of the sale. 
 
 The proceeds to be applied toward payment of the costs and 
 expenses of the distress and sale, and of the payment of the 
 duties due ; and the surplus, if any, to be paid to the brewer. 
 
 Before the day of sale, the brewer may remove the whole or 
 any part of the beer, malt, or other materials distrained on pay- 
 ing to the collector towards payment of the duty the true value 
 of such beer, malt, or other materials (w). 
 
 The procedure as to distillers is the same, except that permits Distiller, 
 for removal are, on application, to be granted as if the distress 
 had not been made (a;). 
 
 EXPLOSIVES INSPECTORS. 
 
 Any of the following officers namely, any Government in- Explosives 
 spector under this Act, any chief officer of police, and any inspectors. 
 superior officer appointed for the purposes of this Act . . . may Entry on 
 for the purpose of ascertaining whether the provisions of this w ^ arfs > & c - 
 Act with respect to the conveyance, loading, unloading, and 
 importation of an explosive are complied with (?/), enter, inspect 
 and examine at any time, and as well on Sundays as on other 
 days, the wharf, carriage, ship, or boat of any carrier or other 
 person who conveys goods for hire, or of the occupier of any 
 factory magazine on shore, or of the importer of any explosive 
 on or in which wharf, carnage, ship, or boat he has reasonable 
 cause to suppose an explosive to be for the purpose of or in 
 course of conveyance, but so as not to unnecessarily obstruct the 
 work or business of any such carrier, person, occupier, or 
 importer. 
 
 Any such officer if he find any offence being committed under Seizure 
 this Act in any such wharf, carriage, ship, or boat, or on any a P^ deten- 
 public wharf, may seize and detain or remove the taid carriage, tlon ' 
 ship, or boat, or the explosive, in such manner and with such 
 precautions as appear to him to be necessary to remove any 
 danger to the public, and may seize and detain the said explosive 
 as if it were liable to forfeiture. 
 
 Any officer above-mentioned in this section, and any officer of 
 police, or officer of the local authority who has reasonable cause 
 to suppose that any offence against this Act is being committed 
 in respect of any carriage (not being on a railway), or any boat 
 conveying, loading, or unloading any explosives, and that the 
 case is one of emergency, and that the delay in obtaining a war- 
 rant will be likely to endanger life, may stop and enter, inspect 
 
 (w) 43 & 41 Viet. c. 20, s. 17. 
 
 (x) 43 & 44 Viet. c. 24, s. 48. For 
 
 Form of warrant, sec App. II. 42. 
 (y) See post, p. 92.
 
 58 
 
 EXECUTIVE OFFICERS. 
 
 Officer 
 deemed in 
 possession 
 of war- 
 rant. 
 
 Wreck 
 receiver. 
 
 Search. 
 
 and examine such carriage or boat, and Vy detention or removal 
 thereof or otherwise take such precautions as may be reasonably 
 necessary for removing such danger in like manner as if such 
 explosive were liable to forfeiture. 
 
 Every officer shall for the purpose of this section have the 
 same powers and be in the same position as if he were authorized 
 by a search warrant granted under this Act (z). 
 
 WRECK RECEIVER. 
 
 The justices have power under 17 & 18 Viet. c. 104, s. 451, to 
 issue a warrant to this officer to search for and seize concealed 
 wreck (a). Under such a warrant he may enter any house or 
 other place and any ship or boat. 
 
 NUISANCE INSPECTOR. 
 
 Nuisance The justices may by order authorize these officers to remove 
 inspector, infected persons (6) or bodies (c) from premises. 
 
 2. King not 
 a Party. 
 
 Constables. 
 
 Examine 
 premises, 
 alleged 
 
 2. THE KING NOT A PARTY. 
 
 CONSTABLES. 
 
 The warrants and orders of justices issued and made in all 
 cases other than treason felony and other indictable offence (cZ) 
 fall within this category (e). 
 
 Such are warrants of arrest where there has been no adjudi- 
 cation in cases of mere misdemeanour (/). 
 
 The constable must have the warrant in his possession at the 
 time of executing it (#). 
 
 A warrant in such a case " forthwith to arrest and take before 
 a magistrate," does not mean to take forthwith before a magis- 
 trate (Ji). 
 
 Orders to examine premises in cases of alleged nuisance, in 
 which case the officer is clothed with the like powers as an 
 officer of the local authority (i). And where the local authority 
 is in default, this power may be conferred by the Local Govern- 
 ment Board (y). 
 
 (2) 38 & 39 Viet. c. 17, s. 75. 
 (a) For the Form, see App. II. 37. 
 (6) 38 & 39 Viet. c. 55, s. 124. 
 
 (c) Ibid. e. 142. For Forms, see 
 App. II. 43, 44. 
 
 (d) For these offences, see ante, 
 p. 48. 
 
 (e) As to the powers of councils of 
 conciliation, see 30 & 31 Viet. c. 105, 
 s.4. 
 
 (/) 11 & 12 Viet. c. 43, s. 2. 
 
 (0) Galliard \. Laxton, 2 B. & S. 
 363 ; 9 C. C. <J. J27 ; 8 Jur. 642 ; 31 
 L. J. M. C. 123; 10 W. E. 353; 5 
 L. T. 835. 
 
 (7t) O'Brien v. Brabner, 49 J. P. 
 227 ; 78 L. T. N. 409. 
 
 () 38 & 39 Viet. c. 55, s. 105. For 
 the Form, see App. II. 45. It may 
 be directed to the officer of the local 
 authority in the first instance. 
 
 ( j) Ibid. s. 100.
 
 WAERANTS AND ORDERS. 
 
 59 
 
 Orders to inspectors and sergeants of police to visit the places 
 of business of registered dealers in old metals (&). 
 
 Orders as to the apprehension or detention of an alleged 
 lunatic (I). They may by order of a justice convey a lunatic to 
 an institution for lunatics (m) which may be suspended, provision 
 being made for temporary detention (n). They may by warrant 
 of a justice duly backed arrest a lunatic escaped from Scotland 
 or Ireland (o), and under that of the Secretary of State remove 
 a lunatic to a vessel to be conveyed to his own country (p). 
 They may also by order in writing of the master of an institu- 
 tion retake an escaped lunatic (3). 
 
 And orders that children to whom the Industrial Schools Act 
 applies may be taken to the workhouse (r). 
 
 The following are verbal orders : 
 
 In the case of persons disturbing a petty sessional Court, the 
 justices have power at common law to order their removal (s). 
 A like power is conferred on revising barristers when sitting (<). 
 
 A coroner may order the forcible exclusion of a party from 
 the Court (it), and so may a justice on a preliminary inquiry, 
 even though he be the attorney of the party accused (i>) ; but 
 if the inquiry be final and of a judicial nature all persons have 
 a right to be present (w). 
 
 As to witnesses it seems that they may be requested to leave 
 the Court during the hearing ; but that if they do not choose to 
 obey, their evidence cannot be rejected on that account (a;). 
 
 Out of sessions justices may verbally commit offenders in cases 
 of breach or apprehended breach of the peace (i/). 
 
 And where an unlawful assembly or rout exists, order its 
 dispersal (z). 
 
 A returning officer at an election may order a person who 
 misconducts himself at a polling station to be removed by a 
 constable (a) ; or, if such person commit any offence there, to be 
 arrested (&). 
 
 With regard to local authorities generally, there would appear 
 to be no power at common law to sit with closed doors (c). But 
 this would apparently not apply to meetings of committees. 
 
 Dealers in 
 old metals. 
 
 Lunatics. 
 
 (/O 24 & 25 Viet. c. 110, s. 7. For 
 Form, see App. II., 46. 
 
 (/) 53 & 54 Viet. c. 5, ss. 13, 15, 21, 
 and see 54 & 55 Viet. c. 65, ss. 2, 19. 
 
 (?) 53 & 54 Viet. c. 5, s. 16. 
 
 (n) Sect. 19. 
 
 (o) Sects. 86, 89. 
 
 (2?) Sect. 71. 
 
 (q) Sect. 85. For Forms, see App. 
 II. 47, 48, 49. 
 
 (r) 29 & 30 Viet. c. 118, s. 19, and 
 see 52 & 53 Viet. c. 44, s. 4. 
 
 (s) See Ex parte Van Sandau, 1 
 Phil. 445. 
 
 (t) 28 & 29 Viet. c. 36, s. 16. 
 
 (H) Garndt v. Per rand, 6 B. & C. 
 618. 
 
 (i;) 11 & 12 Viet. c. 42, s. 19. Cox 
 v. Coleridge, 1 B. & C. 37. 
 
 O) 1 1 & 12 Viet. c. 43, s. 1 2. Dau- 
 beny v. Cooper, 10 B. & C. 237, and 
 see Willis v. Maclachlan, 1 Ex. D. 
 376. 
 
 (x) Roberts v. Garrett, 6 J. P. 154 ; 
 Ex parte Wright, 39 ib. 85. 
 
 (?/) Still v. Wells, 1 East, 533; 
 Anon., Lofft. 243. 
 
 (z) R. v. Neale, 9 C. & P. 431 ; 
 Keighley v. Bell, 4 F. & F. 790. 
 
 (a) 35 & 36 Viet. c. 33, s. 9. 
 
 (6) 6 & 7 Viet. c. 18, s. 86 ; 45 & 46 
 Viet. c. 50, s. 86. 
 
 (c) Purcell v. Sowler, 2 C. P. D. 
 219. 
 
 Remove 
 children to 
 workhouse. 
 Verbal 
 orders. 
 Disturbing 
 sessions, 
 or revising 
 barristers 
 Court. 
 Removal 
 from 
 coroners 
 and jus- 
 tices 
 Courts. 
 Witnesses. 
 Justices 
 not sitting 
 breach of 
 peace. 
 Unlawful 
 assembly. 
 Returning 
 officer. 
 
 Local 
 autho- 
 rities.
 
 CO 
 
 EXECUTIVE OFFICERS. 
 
 Order in 
 writing of 
 commis- 
 sioner in 
 Metropolis 
 as to cock- 
 fighting, 
 &c. 
 
 Dramatic 
 entertain- 
 ments. 
 
 Dangerous 
 structures. 
 
 As regards the Metropolis, the Commissioner may by order in 
 writing authorize a superintendent constable, with such con- 
 stables as he thinks necessary, to enter any premises kept or 
 used for the purpose of cock-fighting, &c., and to take into 
 custody all persons found therein without lawful excuse (d). 
 
 A similar power is conferred in the case of an unlicensed 
 theatre at any time when the same shall be open for the recep- 
 tion of persons resorting thereto (e). 
 
 And a magistrate may authorize one of these officers to remove 
 persons from dangerous structures (/). 
 
 WEIGHTS INSPECTORS. 
 
 Weights The warrant of a justice to inspect measures, weights, and 
 
 inspectors, scales is executed by these officers ((7). Acting thereunder he 
 Warrant to may seize and detain any weight, measure, scale, balance, or 
 enter. steelyard which is liable to forfeiture, and may, for the purpose 
 
 Seizure. of such inspection, enter any place, whether a building or in the 
 
 open air, whether open or inclosed, where he has reasonable 
 
 cause to believe that there is any weight, &c., which he is 
 
 authorized by the Act to inspect (h). 
 
 Where there is no fraud there is no offence (t), nor where 
 
 the weights are against the seller himself (J~). 
 
 Water 
 
 baili/s. 
 
 Warrant of 
 justice to 
 enter. 
 
 Order of 
 justice as 
 to land. 
 
 WATER BAILIFFS. 
 
 The warrant of a justice to enter suspected places, either by 
 day or night, and there seize all illegal engines, or any salmon 
 illegally taken, is addressed to these officers, and continues in 
 force for one week (&). 
 
 Justices may by order authorize these officers during twenty- 
 four hours from the time of issue to enter and remain on land 
 near a salmon river for the purpose of detecting offences (Z). 
 
 (d) 2 & 3 Viet. c. 47, s. 47. The 
 same power is conferred on local 
 authorities by 10 & 11 Viet. c. 89, 
 s. 36. There are no Forms under 
 these enactments. 
 
 (e) 2 & 3 Viet. c. 47, s. 46. No 
 Form is settled under this enactment. 
 
 (/) 18 & 19 Viet. c. 122, s. 80. 
 For Form, see App. II. 50. 
 
 (gr) A general warrant is sufficient. 
 Hutchings v. Beeves, 9 M. & W. 747 : 
 11 L. J. M. C. 109; 6 Jur. 439; 6 
 J P 313 
 
 (ft) 41 '& 42 Viet. c. 49, s. 48. 
 There need be no weight there : 
 Kershaw v. Johnson, 1 C. & K. 329, 
 and see Wray v. Reynolds, 1 E. & E. 
 165. For the Form, see App. II. 51. 
 
 (0 Withall v. Francis, 42 J. P. 
 612. 
 
 (j) Booth v. Shadgett, L. E. 8 Q. B. 
 352; 42 L. J. M. C. 98; 21 W. B. 
 845 ; 29 L. T. 30 ; 37 J. P. 743. See 
 L. & N. W. By. v. Bichards, 2 B. & 
 S. 326 ; 8 Jur. 539 ; 26 J. P. 181 ; 5 
 L. T. 792; Gt. W. By. v. Bailie, 34 
 L. J. M. C. 31; 5 B. & S. 928 ; 11 
 Jur. 264; 13 W. E. 203; 29 J. P. 
 229; 11 L. T. 418, and Carr v. 
 Stringer, 9 B. & S. 238 ; L. E. 3 Q. B. 
 433 ; 37 L. J. M. C. 120 ; 16 W. R. 
 859; 18 L. T. 399; 3> J. P. 517. 
 
 (k) 24 & 25 Viet. c. 109, s. 31, and 
 see post, p. 127. For the Form, see 
 App. II. 37. Extended to all fresh- 
 water fish by 41 & 42 Viet. c. 39, s. 9. 
 
 (1) 28 & 29 Viet. c. 121, s. 31. For 
 the Form, see App. II. 52. This 
 warrant and order may be addressed 
 to conservators.
 
 WARRANTS AND ORDERS. 
 
 61 
 
 Conservators may by order authorize these officers at all Of con- 
 reasonable times to enter, remain upon, and traverse any lands servators. 
 not being a dwelling-house or the curtilage thereof, adjoining or 
 near a salmon river, for the purpose of preventing any breach 
 of the Salmon Fishery Acts. Such order continues in force for 
 two months (w). 
 
 OVERSEERS. 
 
 Justices may, by order addressed to these officers, cause a Overseers. 
 lunatic to be apprehended (n), and they may by order to work- Arrest of 
 house officers, require his release (o). The guardians have the lunatic, 
 same power (p). Workhouse 
 
 Guardians, it appears, have a right to sit with closed doors (q). officers. 
 
 The visitors of an asylum, may by order require the removal Asylum 
 of a lunatic, and may addre.^s the same to a relieving officer or officers. 
 any of these officers (r). They may also order a discharge (i). 
 
 DISTRICT SURVEYORS. 
 
 The County Council may by order require a survey to be 
 made of dangerous structures (t). 
 
 LOCAL OFFICERS. 
 
 Justices may by order addressed to these officers, where in- 
 fectious disease attributable to milk exists, empower them to 
 inspect dairies, i.e. places from which milk is supplied or in 
 which it is kept for sale (u), or, upon proper cause shewn, order 
 the detention of a person in hospital (), and in this case hospital 
 officers or inspectors of police are to do necessary acts for 
 enforcing the execution thereof. 
 
 The like powers are conferred on justices in the Metropolis, 
 together with that of authorizing an officer to enter underground 
 dwellings for inspection (w~). 
 
 District 
 surveyors. 
 
 Survey of 
 dangerous 
 structures. 
 
 Local 
 officers. 
 
 Inspection. 
 Detention. 
 
 (m) 36 & 37 Viet. c. 71, s. 37. Ex- 
 tended to any freshwater fish by 
 47 & 48 Viet. c. 11, s. 3. No Form 
 has yet been settled under this en- 
 actment. 
 
 O) 53 & 54 Viet. c. 5, ss. 13, 15, 
 21, and see 54 & 55 Viet. c. 65, s. 25. 
 For the Forms, see App. II. 47, 48, 49. 
 As to temporary detention in a work- 
 house, see 53 & 54 Viet. c. 5, ss. 21, 
 24. 
 
 (o) Sect. 68. 
 
 ( Sect. 81. 
 
 (?) Purcell v. Sowler, 2 C. P. D. 
 219. 
 
 (r) Sects. 63-67. 
 
 (s) Sect. 79. For the Forms, see 
 App. II. 47-49. 
 
 (t) 18 & 19 Viet. c. 122, s. 69. 
 
 () 53 <fc 54 Viet. c. 34, s. 4. 
 
 (v) Sect. 12. There are no special 
 Forms under this Act. 
 
 (to) 54 & 55 Viet. c. 76, ss. 67, 71, 
 97. For general Form of warrant, see 
 App. II. No. 53.
 
 62 
 
 EXECUTIVE OFFICERS. 
 
 C. Other 
 orders. 
 
 Principal 
 and agent. 
 
 C. OTHER ORDERS. 
 
 The orders which remain to be considered are (a) those which 
 constitute the officer executing them the agent simply of the 
 person or authority making them. In some cases this agency 
 is express, in others it is to be implied from the circumstances, 
 but the principle applicable to both is the same. 
 
 No question arises here as to whether the king is, or is not, a 
 party. The powers conferred are of a lower order than those of 
 warrants and orders which have been above discussed, and are, 
 generally speaking, those of local and departmental authorities, 
 made for local purposes and applied locally. 
 
 LOCAL ACTS. 
 
 Local Acts. Local Acts confer upon local authorities, sometimes called 
 commissioners, powers to do certain things, and officers are 
 directed to be appointed in pursuance of the Acts for the 
 purpose of carrying the provisions of the statutes into exe- 
 cution. 
 
 Such officers are, while acting within the scope of the powers 
 delegated to them, the agents of the body entrusted with the 
 execution of the Act (6). 
 
 A power, in such an Act to seize wares, merchandize, &c., 
 placed on footways or carriageways, and not removed when 
 required by the authority, may be exercised without any previous 
 proceedings before justices (c). 
 
 Bye-laves. 
 What. 
 Revenue. 
 Post. 
 Traffic 
 (metropo- 
 lis) and 
 (towns). 
 Gaols. 
 Burial 
 grounds. 
 Local. 
 Power to 
 make. 
 
 BYE-LAWS. 
 
 Under the denomination of bye-laws are to be included the 
 regulations which are made for the management of the revenue, 
 or of the Post Office, to regulate traffic in the Metropolis, and in 
 towns, by the Home Secretary in regard to the management of 
 goals, and the execution of the Acts relating to burial-grounds, 
 and those of local authorities, made either for general purposes 
 or under the Acts for the regulation of p'ers, harbours, and 
 docks. 
 
 The power to make such regulations is to be found in the 
 
 (a) Summonses issued by Courts or 
 justices are not within the purview 
 of the work. They are purely " ad- 
 ministrative," as distinguished from 
 " executive." 
 
 (l>) See post, p. 148. As to the 
 
 imposition of a penalty under such 
 an Act, see Triggs v. Lester, 30 J. P. 
 228. 
 
 (c) Bracldcy v. Battersea, 23 Q. B. 
 D. 48G ; 58 L. J. Q. B. 589.
 
 WARRANTS AND ORDERS. 
 
 63 
 
 statutes winch confer the general powers on the different autho- 
 rities, and if in making the bye-law, the power conferred, or the 
 general law of the land is exceeded, it is void (d). 
 
 A bye-law is a law made by some authority less than the 
 sovereign or Parliament, in respect of a matter specially or 
 irupliedly referred to that authority, and not provided for by the 
 general law of the land (e). 
 
 The necessary ingredients of its validity are : 
 
 1. Consistent with and not repugnant to the general law 
 
 2. Certain, i.e. not ambiguous, and affording complete direc- 
 tion to those who are to obey it, and have definite penalties for 
 its breach, which must not be excessive (/) There may be 
 power to mitigate the penalty (</). 
 
 3. General in its application, i.e. obligatory on all persons 
 equally. 
 
 4. Reasonable (h}. In determining whether or no a bye-law 
 is reasonable, it is material to consider the relation of its 
 framers to the locality affected by it and the authority by whom 
 it is sanctioned (/). 
 
 AVhere a council made a bye-law under the Municipal Corpora- 
 tions Act, 1882, s. 23, that no person not being a member of 
 Her Majesty's army or auxiliary forces, acting under the orders 
 of his commanding officer, should sound or play upon any 
 musical instrument in any of the streets of the borough on 
 Simday, it was held unreasonable (_/). And so also, was one 
 where a penalty was imposed on every person who in any street 
 shall sound or play upon any musical or noisy instrument, or 
 shall sing, recite, or preach in any street without having 
 previously obtained a licence in writing from the mayor (&). 
 And so was one made under the Public Health Act, that " no 
 person shall commence the erection of a biiilding in a new 
 street unless and until the kerb of each footpath therein shall 
 have been put on such a level as may be fixed and approved by 
 the urban sanitary authority " (Z). And one prohibiting the 
 keeping of swine within fifty feet of a dwelling-house (m), or 
 requiring a new fee for the commencement of each new period 
 of granting licences (n), or notice as to the erection of temporary 
 
 Definition. 
 
 Necessary 
 ingre- 
 dients. 
 
 1. Consis- 
 tent with 
 law. 
 
 2. Certain. 
 
 3. General 
 
 4. Reason- 
 able. 
 
 (c?) As to time of coming into 
 operation, see 52 & 53 Yict. c. 63, 
 s. 36. Bye-laws must be construed 
 strictly. See Eolles v. Neicell. 25 
 Q. B. D. 335 ; 59 L. J. Q. B. 423 ; 
 68 L. T. 384 ; 39 W. E. 96. 
 
 (e) See Lumley, p. 2. 
 
 (/) Clarke v. Tucker,^ Ventr. 183. 
 
 (g) Piper v. Chappell, 14 M. & W. 
 624. 
 
 (ft) See Marshall v. Smith, L. K. 
 8 C. P. 416. 
 
 (f) Per Lord Hobhouse, Slatt* -ry v. 
 Naylor, 13 App. Cas. 452. 
 
 (f) Johnson v. Croydon, 16 Q. B. D. 
 708. 
 
 (fc) Munro v. Watson, 57 L. T. 366 ; 
 51 J. P. 660. 
 
 (7) Rudland v. Sunderland, 33 
 W. K. 164. See R. v. Netccastle-on- 
 Tijne, 60 L. T. 963 ; 53 J. P. 788 ; 
 and Burton v. Acton, 51 J. P. 56'!. 
 
 (m) Heap v. Burnley Union, 12 
 Q. B. D. 617 ; 53 L. J. M. C. 76 ; 32 
 W. R. 661 ; 48 J. P. 359. 
 
 (n) R. v. Commissioners of Seicers. 
 22 L. T. 552.
 
 64 
 
 EXECUTIVE OFFICERS. 
 
 5. Not 
 ultra vires. 
 
 Good or 
 bad in 
 part. 
 
 Dispensing 
 power. 
 
 structures (o), or prohibiting building on an open space in the 
 rear of new buildings (p). 
 
 5. Xot ultra vires, i e. within the scope of the authority 
 delegated in the particular case (<?). 
 
 The Secretary of State is liable in trespass if a person be 
 removed from one part of a prison to another in which he is not 
 legally confined, under a general order made by him for the 
 clas.vification of prisoners which he had no legal authority to 
 make (r). 
 
 A bye-law respecting non-compliance with the requirements 
 of a board is probably ultra vires (s). And so also is one giving 
 power to such board to pull down buildings erected contrary to 
 the bye-laws (f). 
 
 Where undertakers, under 10 & 11 Viet. c. 27, s. 33, provided 
 that no lumpers should be allowed to work on board any vessel 
 in the dock but such as were authorized by the company, unless 
 permission in writing had been previously obtained from the 
 superintendent of the dock, and that servants of the company 
 only should be allowed to work within the dock premises, 
 whether on ship, lighter, or shore, they were held ultra vires (M). 
 And the same was held where it was laid down that no person 
 should purchase, barter for, or deal in marine stores or other 
 second-hand goods in or about the dock or premises without 
 first obtaining permission in writing from the company (r). 
 And also as to one made by a municipal corporation that parents 
 should be liable to a penalty if they suffered a child to be 
 selling articles in the street after a certain hour (;). And one 
 made by a local board that a person should not cause or suffer 
 any fowl to enter and remain in pleasure- grounds (#). 
 
 Where power was conferred on conservators to make bye-laws 
 to regulate the use of nets, and a bye-law was made thereunder 
 prohibiting during a certain season the use of any net except a 
 trawl, it was held ultra vires (?/). 
 
 A bye-law may be good in part and bad in part, if the two 
 parts be distinct (z). There is no dispensing power in the 
 
 (o) Fielding v. Ehyl Commissioners, 
 3 C. P. D. 272. 
 
 (p~) Quimby v. Liverpool, 53 J. P. 
 213. 
 
 (g) As to a rule made by a dele- 
 gated authority of the local authority, 
 see Huth v. Clarke, 25 Q. B. D. 391 ; 
 59 L. J. M. C. 120; 63 L. T. 318 ; 
 38 W. K. 655 ; 6 T. L. K. 373. 
 
 (r) CMtt v. Grey, 4 Ex. 729 ; 19 
 L. J. Ex. 137. 
 
 (s) Young v. Edwards, 33 L. J. 
 M. C. 227. But see Hall v. Nixon, 
 L. R. 10 Q. B. 152. 
 
 (0 Brown v. Uolyhead, 32 L. J. 
 Ex. 25. 
 
 (M) Dick v. Badart, 10 Q. B. D. 
 387; 48 L. T. 391; 47 J. P. 422; 5 
 Asp. M. C. 49. 
 
 (r) Chamberlain v. Conicay, 5 Ti. 
 Rep. 44. 
 
 (ic) Macdonald v. LocJirane, 51 
 J. P. 629. 
 
 (a;) Torquay v. Bridle, 47 J. P. 
 183 ; and see Everett v. Grapes, 3 
 L. T. N. S. 669. 
 
 G/) P idler v. Berry, 59 L. T. 230; 
 53 J. P. 6 ; 4 Ti. Rep. 627 ; and see 
 Wood v. Venton, 54 J. P. 662. 
 
 (z) The Fishermen of Favcrsham, 
 8 T. R. 357.
 
 WARRANTS AND ORDERS. 
 
 65 
 
 makers thereof (a). But now, where an Act confers a power to 
 make any rules, regulations, or bye-laws, the power shall, unless 
 the contrary intention appears, he construed as including a 
 power exercisable in a like manner, and subject to like consent 
 and conditions, if any, to rescind, revoke, amend or vary such 
 rules, regulations and bye-laws (&). 
 
 ConBrmation by a superior authority does not render a bad Confirma- 
 bye-law valid. Where the Lord Chancellor was reported to tion - 
 have confirmed a bye-law it was said, " it is never the better for 
 that, for that is done of course. If the orders be not good, let 
 the parties look to that at their peril " (c). 
 
 ADULTERATION. 
 
 Any medical officer of health, inspector of nuisances or inspector 
 of weights and measures, or any inspector of a market, or any 
 police constable . . . may procure any sample of food or drugs (d). 
 
 The officer purchasing shall, after the purchase, forthwith (e) 
 notify to the seller or his agent his intention to have the same 
 analvsed by the public analyst (/), and shall offer to divide the 
 article into three parts to be then and there separated, and each 
 part to be marked and sealed or fastened up in such manner as 
 its nature will permit, and shall, if required to do so, proceed 
 accordingly, and shall deliver one of the parts to the seller or 
 his agent (#). 
 
 To constitute an offence against sect. 6 of the Act, which 
 prohibits the sale not of the nature, substance, and quality 
 demanded, a false representation of the " nature, substance, and 
 quality " must be made at the time of the sale (Ji). 
 
 But under sect. 9, which prevents the sale of a deteriorated 
 article without notice, knowledge that it is deteriorated is 
 immaterial (z'). Under this section there may be, in the case of 
 milk delivery in cans, an offence as to each can (j~). 
 
 These officers may, without going through the form of pur- 
 chase provided by the principal Act, but otherwise acting in all 
 respects in accordance with the provisions of the said Act as to 
 
 fa) Wortley v. Notts, 21 L. T. N. S. 
 582 
 
 (fe) 52 & 53 Viet. c. 63, s. 32. 
 
 (c) Stationers' Co. v. Salisbury, 
 Comb. 222 ; It. v. Wood, 5 E. & B. 
 49. 
 
 (d) 3i & 39 Viet. c. 63, s. 13. See 
 Hale v. Cole, 55 J. P. 376. The pur- 
 chase may t ike place in a bhop or in 
 streets, and public places of resort: 
 42 & 43 Viet. c. 30, s. 3. 
 
 (e) Two minutes later i> forih with : 
 Somerset v. Miller, 54 J. P. 614. 
 
 (/; See Wheeker v. Webb, 51 J. P. 
 661 ; Barnes \. Chipp, 41 L. J. M. C. 
 85: 3 Ex. D. 176; 38 L. T. 570; 26 
 
 W. E. 635. 
 
 (0) 38 & 39 Viet. c. 63, s. 14. 
 
 (h) Kirk v. Coates, 16 Q. B. D. 49 ; 
 55 L. J. M. C. 182 ; 54 L. T. 178 : 
 50 J. P. 148 : 34 W. K. 295 ; Sandys v. 
 Sindell, 3 Q. B. D. 449 ; 47 L. J. M. C. 
 115; 39 L. T. 118; 26 W. E. 814; 
 42 J. P. 550 ; Hoyle v. Hitchman, 4 
 Q. B. D. 233; and see Morris v. 
 Jolmson, 54 J. P. 612. 
 
 (1) Pain v. BougMicood, 24 Q. B. D. 
 353; 59 L. J. M. C. 45; 62 L. T. 
 2*4 ; 38 W. E. 428 : 54 J. P. 469 ; 
 16 Cox C. C. 747 ; 6 Ti. Eep. 167. 
 
 (j) Fecit v. Walsh, 55 J. P. 277; 
 39 NV 7 . E. 525; [1891] 2 Q. B. 304. 
 F 
 
 Adultera- 
 tion. 
 
 Samples. 
 
 Notifica- 
 tion of 
 analysis. 
 
 Division of 
 samples. 
 
 Offence, 
 what. 
 
 Margarine.
 
 66 
 
 EXECUTIVE OFFICERS. 
 
 Milk. 
 
 No notifi- 
 cation. 
 
 dealing with samples, take for the purpose of analysis samples 
 of any butter or substances purporting to be butter which are 
 exposed for sale (&), and not marked " margarine " (Z). 
 
 In the case of importation or manufacture in the United 
 Kingdom they may procure samples for analysis if they shall 
 have reason to believe that the provisions of the Act are in- 
 fringed by its conveyance not consigned as margarine, and 
 examine and take samples from any package (TO). 
 
 They may also procure at the place of delivery any sample of 
 any milk in the course of delivery to the purchaser or consignee 
 in pursuance of any contract (). 
 
 No notification to the seller as above-mentioned is necessary 
 in the case of milk samples (o). 
 
 Citnal 
 boats. 
 Inspection. 
 
 Master to 
 
 render 
 
 asMstance. 
 
 CANAL-BOATS. 
 
 Whero any person duly authorized by a registration or sanitary 
 authority (or by a justice of the peace) has reasonable cause to 
 suppose either that there is any contravention of this Act (^>) 
 on board a canal-boat or any person suffering from an infectious 
 disorder, he may, on producing (if demanded) either a copy of 
 his authorization or some other sufficient evidence, enter by day 
 such canal-boat and examine the same and every part thereof 
 . . . and may if need be detain the boat for the purpose, but 
 for no lonerer time than is necessary. 
 
 The master shall, if required by such person, produce to him 
 the certificate of registry (if any) of the boat, and permit him 
 to examine and copy the same, and shall furnish him with such 
 assistance and means as such person may require for the purpose 
 of his entry and examination of and departure from the boat in 
 pursuance of this section (g). 
 
 Contagious 
 
 lli.-fitSL'S. 
 
 Kntry. 
 
 CONTAGIOUS DISEASES. 
 
 Contagious diseases inspectors employed by the local autho- 
 rity have the same powers as constables have under the Act (r). 
 
 They may at any time on giving reasons in writing, if 
 required, enter any land, dairy or cowshed to which the Act 
 applies, or milk-shop, or stores, or other building or place where 
 they have reasonable grounds to suppose : (a.) disease exists or 
 has within fifty-six days existed ; (b.) the carcase of a diseased 
 or suspected animal is or has been kept, buried, destroyed, or 
 
 (&) These words must be construed 
 strictly : Crane v. Lawrence, 25 
 Q. 15. D. 152; 59 L. J. M. C. 110; 
 63 L. T. 197 ; 38 W. R. 621) ; 54 J. P. 
 471 : 6 Ti. L. R. 370. 
 
 (0 50 & 51 Viet. c. 29, s. 10. 
 
 (7n) Sect. 8. 
 
 (u) 42 & 43 Viet. c. 30. s. :!. 
 
 (o) i:>,wh \. Hall. 6 g. U D. 17; 
 
 50 L. J. M. C. 6 ; 44 L. T. 183 ; 29 
 W. R. 304 ; 45 J. P. 220. 
 
 (p) Registration required by 8. 1 ; 
 education of children by s. 6. 
 
 (q) 40 & 41 Viet. c. 60, s. 5 ; and 
 si e 47 & 48 Viet. c. 75. s. 4. 
 
 (r) 41 \- 42 Viet. c. 74, s. 42 ; and 
 sec fiutf. p. !>:i.
 
 WARRANTS AND ORDERS. 
 
 67 
 
 otherwise disposed of; or (c.) there is anything in respect whereof 
 there lias been a failure to comply with the provisions of the 
 Act, an order, or a regulation of the local authority (). 
 
 As to slaughter-houses, see 7 & 8 Viet. c. 87, s. 4, dted,post (f). 
 
 EXPLOSIVES, 
 
 Any officer authorized by the local authority may, on pro- Explosives. 
 ducing, if demanded, either a copy of his authority ... or some Inspection 
 other sufficient evidence, require the occupier of any store (not of stores, 
 subject to the inspector of mines), or any registered premises, 
 or any small firework factory, to shew him every or any place 
 and all or any of the receptacles in which any explosive or in- 
 gredient of an explosive or regulated by this Act (), that is in Samples, 
 his possession is kept, and to give him samples of such explo- 
 sive ingredient or substance, or of any substance which the 
 officer believes to be an explosive, or such ingredient or sub- 
 stance (). 
 
 He may also purchase any petroleum from any dealer in it, Petroleum, 
 and on producing a copy of his appointment, or other sufficient 
 authority, require such dealer to shew him every or any place, 
 and all or any of the vessels in which any petroleum in his 
 possession is kept, and give him samples of such petroleum on 
 payment of the value thereof (tc). 
 
 As to the power of officers of the local authority to arrest for Arrest, 
 offences, see post (). 
 
 HIGHWAYS. 
 
 The surveyors in urban districts are the officers of the local Highways. 
 authority (?/). The powers generally will be found staled, 
 post (z). 
 
 These officers may inspect platforms erected on public occa- Entry, 
 sions under the Public Health Amendment Act, where that Act inspection, 
 is adopted (a), and may enter premises for the purpose of sur- 
 veying and valuing which the local authority are entitled to 
 take under the Housing of the Working Classes Act, at all 
 reasonable times by day on giving twenty-four hours notice (6). 
 
 PUBLIC HEALTH. 
 
 The powers conferred by this Act, and those incorporated Public 
 therewith, upon local authorities, which are here enumerated, 
 
 (s) Sect. 51. 
 
 (0 Page 106. 
 
 () See post, p. 92. 
 
 (t>) 38 & 39 Viet. c. 17, s. 69. 
 
 (tc) 34 & 35 Viet. c. 105, s. 11; 
 and see Coleman v. Goldsmith, 43 
 J. P. 718. 
 
 (a;) Pa-re 92. 
 
 Q/) 38 & 39 Viet. c. 55, s. 144. 
 
 (z) Page 133. 
 
 (a) 53 & 54 Viet. c. 59, s. 37. 
 
 (6) 53 & 54 Viet. c. 70, s. 77. The 
 liability of the local authority is no 
 greater than that of the surveyor in 
 rural districts : Gibson v. Preston, 
 L. K. 5 Q. B. 218 ; 39 L. J. Q. B. 
 131; 22 L. T. 293; 34 J. P. 342; 
 Parsons v. Bethnal Green, L. R. 3 
 C. P. 56 ; 37 L. J. C. P. (52 ; 17 L. T 
 211. 
 
 F 2
 
 68 
 
 EXECUTIVE OFFICERS. 
 
 Drains, &c. 
 
 Streets. 
 
 Houses and 
 workshops. 
 
 Filth. 
 
 Infected 
 persons. 
 
 Gas and 
 water. 
 
 are those where they are authorized to interfere to some extent 
 with the property of an individual. As to the general principle 
 of law applicable in such cases, see ante (c). 
 
 The local authority may order the following things to be 
 done, namely : 
 
 The carrying of sewers and water-mains through private 
 lands, if, on the report of the surveyor, it is by him deemed 
 necessary (d). " Necessary " rueaiis for the efficient discharge 
 of the duty in the way most for the public benefit. The Court 
 will not interfere with the bond fide determination of the sur- 
 veyor (e). 
 
 They need not purchase the lands (/), but in case of a sewer 
 it must not amount to a nuisance (</). 
 
 They may perhaps place ventilating shafts to drains against 
 private buildings (K), enforce the drainage of undrained 
 houses ('). enforce privy accommodation (/), and examine the 
 same on complaint (&). 
 
 Drains cannot be disconnected by the local authority unless 
 the connection has been made contrary to the Act (I). 
 
 They may sewer, level, pave, metal, flag, channel, make 
 good, and light, after notice not attended to, and charge ex- 
 pense on the owner or occupier, fronting, adjoining or abutting 
 streets, nut being highways, repairable by the inhabitants (?). 
 But an incumbent or minister of a church, &c., exempt from poor- 
 rates is not so liable (n). 
 
 This exemption does not apply to trustees of a chapel and 
 buildings not wholly devoted to religious purposes (o). 
 
 They may purify houses after certificate of the medical 
 officer that they are unwholesome and refusal to purify on the 
 part of the occupier (p)- 
 
 And remove filth on the certificate of the inspector (<?). 
 
 And remove infected persons (r) and destroy the bedding (s). 
 
 And remove gas and water-pipes where the owner refuses to 
 
 (c) Page 62. 
 
 (d) 38 & 39 Viet. c. 55, ss. 16, 54. 
 
 (e) Lewis v. Weston, 40 Ch. D. 55. 
 (/) Roderick v. Aston, 5 Ch. D. 
 
 328 ; 46 L. J. Ch. 804 ; 36 L. T. 328 ; 
 41 J. P. 516. 
 
 (gr) Lamacraft v. St. Thomas, 42 
 L. T. 365; 44 J. P. 441. 
 
 (h) See Hopkins v. Smethicick 
 Local Board, 24 Q. B. D. 712; 6 
 T . Rep. 174 : and 38 & 39 Viet. c. 55, 
 s. 19. 
 
 (i) Sect. 23. 
 
 (j) Sect. 36. 
 
 (/O Sect. 41. 
 
 (I) Ainsley \. Kirkheaton, 1 T. L. R. 
 323 ; 55 J. P. 230. 
 
 (//*) 38 & 39 Viet. c. 55, ss. 4, 150, 
 257, 25S : Wultlitunftnn- v. Staines, 
 
 W. N. 1891, 82. See R. v. Goole, 39 
 W. R. 608. 
 
 (n) Sect. 151. 
 
 (o) Brewis v. Hornsey, 64 L. T. 
 288; 55 J. P. 389. See Re Bettes- 
 worth, 37 Ch. D. 535 ; 58 L. T. 796 ; 
 Bowditch v. Wakefield, L. R. 6 Q. B. 
 567; 25 L. T. 88; Tottenham v. 
 Rouell, 15 Ch. D. 378; 43 L. T. 616. 
 
 (p) 38 & 39 Viet. c. 55, ss. 46, 94, 
 120 ; and 53 & 54 Viet. c. 34, sa. 5 
 and 6. Entry under the latter Act 
 must be betsveen 10 A.M. and 6 P.M., 
 see s. 17 ; as to workshops, see 54 & 55 
 Viet. c. 75, s. 4. 
 
 (q) 38 & 39 Viet. c. 55, ss. 49, 62. 
 
 (r) Sect. 124. 
 
 (s) Sect. 121.
 
 WARRANTS AND ORDERS. 
 
 69 
 
 comply with notice (i), and compel persons to have a proper 
 water supply (M). 
 
 This latter power is not repealed by the Public Health Water 
 Ac* (v). 
 
 They may slaughter diseased cattle (w), and prohibit their Cattle, 
 landing (cc). 
 
 Under the order of justices 
 
 They may remove dangerous buildings (y) or those erected Buildings 
 contrary to bye-laws (2). The last-mentioned power cannot be 
 exercised without giving the owner an opportunity of shewing 
 cause against it (a). 
 
 And enter to abate nuisances (fc) after disobedience of order Nuisances. 
 of abatement (c). 
 
 They may also close wells (d), cellars (e), and close or Wellg 
 demolish houses unfit for habitation (/), and destroy unsound jj ouses 
 meat (0). M 
 
 Where a person is not in default and his property is damaged , 
 
 n i,- . /f\ Lompensa- 
 
 or destroyed he may obtain compensation (n). tion. 
 
 Factories may be examined in order to ascertain whether v . 
 .-, . . . . . r> / ,\ ractories. 
 
 there is proper precaution against tire (t). 
 
 The officers of the board are to be allowed to inspect premises i nspec ti n 
 where infectious disease has occurred, between 10 A.M. and 
 6 P.M., on producing their authority (_/), if the authority has 
 adopted the amending Act (&), and common lodging-houses at 
 all times (Z). 
 
 As to nuisances they must be admitted into any premises for Nuisances 
 the purpose of examining as to any nuisance thereon or of 
 enforcing the provisions of any Act (TO), requiring fireplaces 
 and furnaces to consume their own smoke, at any time between 
 9 A.M. and 6 P.M., or in case of nuisance arising from business, at 
 
 (Q Sect. 153. 
 
 (M) Sect. 62. 
 
 () Colne Valley v. Treharne, 50 
 L. T. 617 ; 48 J. P. 279. 
 
 (w) 41 & 42 Viet. c. 74, s. 21. 
 
 (z) Sects. 15, 30, and 35. 
 
 (y) 38 & 39 Viet. c. 55, s. 26. 
 
 (2) Sects. 155 and 158, and 10 & 11 
 Viet, c 34, s. 78. 
 
 (a) Hopkins v. Smethwick, ubi sup. 
 See Baker v. Portsmouth, 47 L. J. 
 Ex. 223 ; 3 Ex. D. 10 ; 37 L. T. 822 ; 
 42 J. P. 278 ; 26 W. R. 303 ; Thomp- 
 son v. Failsworth, 46 J. P. 21 ; Slee 
 v. Bradford, 9 Jur. 815; 8 L. T. 
 491 ; Jagger v. Doncaster, 54 J. P. 
 438 
 
 (?>) 38 & 39 Viet. c. 55, ss. 49, 102. 
 
 (c) Tinkler v. Wandsworth, 27 
 L. J. Ch. 312 ; 4 Jur. 293 ; 2 De G. 
 
 & J. 261 ; 22 J. P. 224. The defini- 
 tion ol nuisance is practically identical 
 with that in the Metropolis Act. See 
 post, pp. 70, 72. 
 
 (d) 38 & 39 Viet. c. 55, s. 70. 
 
 (e) Sect. 75. 
 
 (/) Sects. 97, 109, 110: 48 & 49 
 Viet. c. 35, s. 2 ; 53 & 54 Viet. c. 70, 
 s. 3i. 
 
 (0) 38 & 39 Viet. c. 55, s. 117. 
 (h) Sects. 155, 308. 
 
 (1) 54 & 55 Viet. c. 75, s. 7. 
 (i) 53 & 54 Viet. c. 34, s. 6. 
 (k) Sects. 3 and 21. 
 
 (I) 38 & 39 Viet. c. 55, s. 85. S. e 
 Langdon v. Broadbent, 37 L. T. 434 ; 
 42 J. P. 56; and Booth v. Ferrett, 
 post, p. 74. 
 
 O) 10 & 11 Viet. c. 34, s. 108.
 
 70 
 
 EXECUTIVE OFFICEBS. 
 
 Dairies. 
 Epidemics. 
 
 Public 
 health 
 amend- 
 ment. 
 
 Working 
 classes, 
 housing. 
 Food. 
 
 any time when business carried on (n). Also where a nuisance 
 exists or an order of abatement or prohibition has been made, 
 between the hours aforesaid until the nuisance is abated or the 
 works completed, and such order of abatement or prohibition 
 not having been complied with, they must be admitted in order 
 to abate the same (o). 
 
 A nuisance is any premises in such a state as to be a nui- 
 sance, pools, ditches, &c., so kept, or animals, or accumulations 
 or deposits, or houses overcrowded, factories, workshops, &c., 
 not cleanly kept, or ventilated or overcrowded, or fireplaces 
 and furnaces not consuming their own smoke, or chimneys 
 sending forth quantities of black smoke (jp). 
 
 These powers are extended to dairies, cow-sheds and milk- 
 shops (<j>), and apply also to the execution of regulations issued 
 by the Local Government Board on the breaking out of epidemic 
 diseases (r\ 
 
 Under the Public Health Amendment Act, if adopted (s), they 
 may enter premises to see whether chemical refuse or steam be 
 turned into sewers (<), or to sweep courts and passages, in which 
 case the expense may be charged on the occupier (u). They 
 may also, on the representation of four householders, inspect 
 buildings unfit for habitation (v). 
 
 Any medical officer of health or inspector of nuisances may at 
 all reasonable times (M?) inspect and examine any animal (), 
 carcase, meat, poultry, game, flesh, fruit, fish, vegetables, corn, 
 bread, flour, or milk exposed for sale or deposited in any place (?/) 
 for the purpose of sale or of preparation for sale (z), and intended 
 for the food of man; . . . and if any such animal, &c., appears 
 to be diseased, unsound, unwholesome, or unfit for food, he may 
 seize (a) and carry away the same in order to have the sauie 
 dealt with by a justice (&). 
 
 (n) 38 & 39 Viet. c. 55, B. 102. 
 Under s. 91 it was held an accumu- 
 lation may be a nuisance though not 
 injurious to health : Bishop Auckland 
 v. Iron Co., 10 Q. B. D. 138; 54 
 L. J. M. C. 38; 48 L. T. 223; 31 
 W. R. 288 ; 47 J. P. 389. 
 
 (o) Ibid. e. 102. 
 
 (p) 38 & 39 Viet. c. 55, s. 91. 
 
 (?) 49 & 50 Viet. c. 32, s. 9. 
 
 (r) 38 & 39 Viet. c. 55, s. 137. 
 
 (s) 53 & 54 Viet. c. 59, s. 3. 
 
 () Sect. 17. 
 
 (u) Sect. 27. 
 
 () 53 & 54 Viet. c. 70, a. 31. 
 
 (70) This was held not to extend 
 to Sunday afternoon, where a man 
 lived half a mile from his shop : Small 
 v. BicMey, 32 L. T. 726. 
 
 (x) Includes live animals: Moody 
 v. Leuch, 44 J. P. 459. 
 
 (//) This applies to a yard belong- 
 
 ing to a shop : Young v. Gutteridge, 
 L. R. 4 Q. B. 166; and to meat 
 passing from a slaughter-house to a 
 factory of preserved meats : Daly v. 
 Webb, 4 C. L. Ir. 309 ; 18 W. E. 681 ; 
 and see Mallinson v. Carr, [1891] 1 
 Q. B. 48 ; 39 W. R. 270 ; 55 J. P. 
 102. 
 
 (z) But not after sale : Vinter v. 
 Hind, 10 Q. B. D. 63 ; 52 L. J. M. C. 
 93 ; 48 L. T. 359 ; 31 W. R. 198 ; 47 
 J. P. 373. 
 
 (o) No notice is necessary : White 
 v. Bedfern, 5 Q. B. D. 15 ; 49 L. J. 
 M. C. 19; 41 L. T. 524; 28 W. R. 
 168; 44 J. P. 87. 
 
 (ft) 38 & 39 Viet. e. 55, s. 116. 
 This section is by the Public Health 
 Amendment Act, where adopted, 
 extended to all articles of food 
 53 & 54 Viet. c. 59, s. 28.
 
 WARRANTS AND ORDERS. 
 
 71 
 
 This power is extended to horse-flesh intended for sale for Horseflesh, 
 food, and exposed for sale in any place not advertised for the 
 sale thereof (c). 
 
 The medical officer has all the powers of entry and inspection Bake- 
 of bakehouses as an inspector under the Factory Act (d). houses. 
 
 The local officer may remove persons offending against any Baths and 
 bye-laws made under the Baths and Wash-houses Acts (e), and wash- 
 refuse admittance to any person who may have been convicted houses, 
 of an offence against the bye-laws or public decency (/) 
 
 The inspector of provisions may seize unwholesome meat or Markets 
 provisions in the market or fair, and carry the same before a aQ d fairs- 
 justice (j7), and may arrest an unknown offender (A). He may 
 enter any building erected for slaughtering cattle, and seize and 
 carry away such as appears unfit for food (i). 
 
 On refusal to pay toll (y ) he may distrain all or any of the 
 cattle or other articles in respect of which it is payable belong- 
 ing to the person liable to pay (&). 
 
 He may also at all reasonable times weigh or measure all 
 goods sold, offered, or exposed for sale (I). 
 
 Under the Public Health Amendment Act, when adopted, Parks, 
 the local authority may close parks and pleasure-grounds for 
 twelve days in the year, not more than four being consecu- 
 tive (in). 
 
 The inspector of nuisances, officer of health, or any other Slaughter- 
 officer appointed for that purpose, may at all reasonable times, houses, 
 with or without assistants, enter into and inspect buildings or 
 places kept or used for the sale of butcher's meat or for slaughter- 
 ing cattle, and examine whether any cattle, or the carcase of any 
 such cattle, is deposited there, and, if it appear unfit for food, 
 seize and carry the same before a justice (). 
 
 If a person offer for sale any cattle, &c., at such slaughter- 
 house, and be unable or refuse to give an account of how he 
 came by it, the officer may seize the cattle and give the person 
 into custody (o). 
 
 Where any person duly authorized by a sanitary authority Tents and 
 (or by a justice) has reasonable cause to suppose either that vaas - 
 there is any contravention of this Act, or of any bye-law made 
 thereunder, in any tent, van, shed, or similar structure, or 
 any person suffering therein from a dangerous infectious dis- 
 order, he may, on producing (if demanded) his authority or 
 
 (c) 52 & 53 Viet. c. 11, s. 3. 
 
 (rf) 46 & 47 Viet. c. 53, a. 17, and 
 see post, p. 123. 
 
 (e) 9 & 10 Viet. c. 74; 10 & 11 
 Viet. e. 61 ; 41 & 42 Viet. c. 14, s. 10; 
 38 & 39 Viet. c. 55. 
 
 (/) 41 & 42 Viet. c. 14, s. 11. As 
 to museums and gjBUMahun^ sec 
 54 & 55 Viet. c. '2'2. ss. 7 uud 8. 
 
 (fj) 10 & 11 Viet. c. 14, s. 15. 
 
 (A) Sect. 154. 
 (0 Sect. 20. 
 
 O') These must be set up conspicu- 
 ously : s. 41. 
 (A ; ) Sect. 38. 
 
 (I) 41 & 42 Viet. c. 49, s. 86. 
 (TO) 53 & 54 Viet. c. 59, s. 44. 
 () 10 & 11 Viet. c. 34, s. 131. 
 (o) 26 Gco. 3, c. 71, s. 7.
 
 72 
 
 EXECUTIVE OFFICERS. 
 
 other sufficient evidence, enter by day (p) such tent, &c., and 
 
 examine the same and every part thereof (3). 
 
 Work- The sanitary authority and their officers shall have all such 
 
 shops. powers, as to entry and inspection for the purposes of purification 
 
 of workshops, as an inspector of factories has generally as regards 
 
 factories (r). 
 
 Manure, 
 &c. 
 
 Entry. 
 
 Metropolis. 
 
 Nuisances. The definition of nuisance in the Metropolitan Act is practi- 
 cally identical with that in the Public Health Act, with the 
 additions of (1) absence from premises of water fittings, and 
 (2) tents and vans kept so as to be a nuisance (s). 
 
 The sanitary authority may sell manure, &c., collected by 
 them either by public auction or otherwise (f). 
 
 Their right of entry is to be subject in all cases to the pro- 
 duction of a written document shewing such right (w). 
 
 They may enter from time to time any premises (a.) to 
 examine any nuisance liable to be dealt with under the Act at 
 any hour by day ; or where nuisance arises from a business, 
 when the business is carried on (b.) where a nuisance is ascer- 
 tained to exist, or order made, then at any such hour as aforesaid 
 until abated or the works completed; (c.) where order not com- 
 plied with or infringed, then at all reasonable hours, including 
 all hours in which business is in progress or usually carried 
 on (v). 
 
 They may enter slaughter-houses or knackers' yards at any 
 hour by day, or when business is in progress, to examine 
 whether there is any contravention of the Act or bye-laws made 
 thereunder (w) ; and trade-works or steam-vessels, to enforce 
 the Act as to smoke consumption (sc) ; and after notice not com- 
 plied with, they may lime-wash, cleanse, or purify workshops 
 and bakehouses (y). 
 
 The County Council have the like power of entry for the 
 execution of orders and regulations as to dairies (z). 
 
 The sanitary authority must remove refuse free, and trade 
 refuse on reasonable remuneration (a); and obnoxious matter 
 may be removed by them on the requisition of the inspector, 
 and taken possession of after notice nut complied with (6). 
 
 They may also enter and execute works as to water-closets (c) 
 
 ( p) Between 6 a.m., and 9 p.m. (u) Sect. 115. 
 
 (q) 48 & 49 Viet. c. 72, s. 9. This (v) Sect. 10. 
 
 does not apply to tents of Her (w) Sect. 20. 
 
 Majesty. (a;) Sect. 23. 
 
 (r) 54 & 55 Viet. c. 75, s. 3, and (y) Sects. 25, 26. 
 
 see post, p. 123. (z) Sect. 28. 
 
 (s) 54 & 55 Viet. c. 76, ss. 2, 23 and () Sect. 29. 
 
 95. (fc) Sect. 35. 
 
 (0 Sect. 9. (c) Sect. 37.
 
 WARRANTS AND ORDERS. 
 
 73 
 
 after such, notice. But this power must only be exercised with 
 reference to each particular case (d). 
 
 And examine water-closets ; and for that purpose, or to 
 ascertain the course of a drain, they may at all reasonable times 
 by day, after twenty-four hours' notice on the occupier or 
 owner, or in emergency without notice, enter and cause the 
 ground to be opened, doing as little damage as possible. If in 
 good order, the authority to pay the expenses, otherwise not (e). 
 And where water-closets are improperly made or altered, after 
 notice not complied with, enter and make necessary alterations (/). 
 
 They may cleanse and cover offensive ditches, damage to Ditches, 
 mills, &c., being made good (#). 
 
 In case of certain infectious diseases, viz. small-pox, cholera, Infectious 
 diphtheria, membranous croup, erysipelas, scarlatina, scarlet disease - 
 fever, typhus, typhoid, enteric, relapsing, continual or puerperal 
 fever (A), they may order the destruction of unfit bedding or 
 disinfect bedding, paying compensation for damage ; and after 
 notice not complied with, cleanse and disinfect infected pre- 
 mises, entering by day, temporary shelter to be provided for 
 families ('). 
 
 And in case of epidemics, they may enter any premises or 
 vessel for the purpose of executing or superintending the execu- 
 tion of regulations (j). 
 
 Under order of a justice 
 
 Of abatement, prohibition or closing not complied with, they Justice's 
 may enter the premises and do what is necessary in execution r der. 
 thereof (&). In case of appeal, if immediate abatement required, 
 if appeal be successful, the damage is to be made good (7). 
 
 They may close wells (??*), and remove persons suffering from 
 any dangerous infectious disorder to a hospital, where they are 
 without proper lodging or accommodation, or lodged in a tent 
 or van, or on board a vessel (n). 
 
 And cleanse underground dwellings (o). 
 
 And remove dead bodies to mortuaries (p). 
 
 The local authority may take down buildings beyond the 
 general line (g). 
 
 Where this section was found inconsistent with a special Act, 
 it was held the justice had no jurisdiction to make the order (r). 
 And in any case a verbal order is insufficient (*). 
 
 ((?) Tinkler v. Wandiworth, 27 
 
 L. J. Ch. 342 ; 30 L. T. 146 ; 22 J. P. 
 223. See St. Luke v. Lewis, 31 L. J. 
 M. C. 73; 1 B. & S. 865 ; 5 L. T. 
 608, and Sherborne v. Boyle, 46 J. P. 
 675. 
 
 (e) Sect. 40. 
 
 (/) Sect. 41. 
 
 (g) Sect. 43. 
 
 (/) This list may be extended by 
 order of the sanitary authority : 
 Sect. 55. 
 
 (i) Sects. 59, 60, 61. 
 
 O') Sect. 82. 
 
 (k) Sects. 5, 8. 
 
 (I) Sect. 6. 
 
 (;H) Sect. 54. 
 
 (n) Sects. 66, 67. 
 
 (o) Sect. 96. 
 
 (p) Sect. 89. 
 
 (?) 25 & 26 Viet, c. 102, s. 75. 
 
 (r) City By. v. County Council, 
 W. X. 1891, 94. 
 
 ( t ) Barlow v. Kfnaington, 11 App. 
 Las. 257 ; 55 L. J. Ch. 680 ; 55 L. T. 
 221 ; 34 W. R. 521 ; 50 J. P. 691.
 
 74 
 
 EXECUTIVE OFFICERS. 
 
 Officers, 
 food. 
 
 Tents and 
 vans. 
 
 Under- 
 ground 
 rooms. 
 
 Drains. 
 
 Common 
 lodging- 
 houses. 
 
 Fires. 
 
 Weights 
 
 and 
 
 measures. 
 
 Coal. 
 
 As to officers of the authority, the power to inspect food is 
 practically identical with that under the Public Health Act (t). 
 
 And the power as to tents and vans is the same as in the 
 previous Act (u). 
 
 They may enter underground rooms for inspection at any 
 hour by day (v). 
 
 Any surveyor or inspector, or such other person as the vestry 
 may appoint, may inspect any drain or other works within the 
 parish or district of such vestry, and for that purpose at all 
 reasonable times in the day time after twenty-four hours' notice 
 to the occupier ; or in case of emergency, without such notice, 
 may enter upon any premises, and cause the ground to be 
 opened in any place they think fit, doing as little damage as 
 possible (w). 
 
 Common lodging-houses are open to inspection at all times (a;). 
 But such a house, maintained as a charitable institution, is not 
 within the Act (?/). 
 
 In case of fire, the officer in charge of the fire brigade may 
 remove persons who interfere with the operations, and take all 
 measures expedient for the protection of life and property, with 
 power to break into or through, or take possession of, or pull 
 down, any premises to put an end to the fire, doing as little 
 damage as possible, and to shut off mains in any district for a 
 greater supply of water (z). 
 
 He need not take possession of premises (a). 
 
 The brigade must render assistance to the salvage corps, and 
 hand over property saved to them (&). 
 
 WEIGHTS AND MEASURES. 
 
 As to the power of the local authority to weigh coal, see 
 52 & 53 Viet. c. 21, s. 29 (c). 
 
 (0 54 & 55 Viet. c. 76, s. 47, see 
 ante, p. 70, and Barlow v. Terrett, 
 1891, 2 Q. B. 107 ; 39 W. K. 640. 
 
 (u) Sect. 95, see ante, p. 71. 
 
 (t>) Sect. 97. 
 
 (w) 18 & 19 Viet. c. 120, s. 82; 
 54 & 55 Viet. c. 76, s. 142. 
 
 (a;) 14 & 15 Viet. c. 28, s. 12. 
 
 (y) Booth v. Ferrett, 25 Q. B. D. 
 87; 59 L. J. M. C. 136; 63 L. T. 
 
 346; 38 W. R. 718; 55 J. P. 7 ; 6 
 T. L. R. 337. 
 
 (z) 28 & 29 Viet. c. 90, s. 12. 
 Damage done is deemed damage by 
 lire within the meaning of any policy. 
 
 (a) Joyce v. Metropolitan Board of 
 Works, 44 L. T. 811. 
 
 (6) Sect. 29. 
 
 (c) Post, p. 136.
 
 INHERENT POWEES. 
 
 75 
 
 tlon> 
 
 PART II. 
 
 INHERENT POWERS. 
 
 As nearly all the inherent powers of officers are conferred by Inherent 
 statute, it should be premised here that, where a power is con- P wers - 
 ferred by statute, it must be pursued strictly, or it will afford To be 
 no justification in the event of action arising on account of its Pursued 
 exercise. This principle will be found laid down in the case of 
 Warne v. Varley (a). There searchers of leather had been ap- 
 pointed under statute, who were authorized to seize leather 
 insufficiently dried, in order to carry it before officers called 
 triers. It was held that this authority did not extend to the 
 seizure of any leather which was sufficiently dried, though in 
 their judgment it was not so, and that such a seizure having 
 taken place, they were liable to an action of trespass. 
 
 But, although this is the general principle, it must be read in 
 conj unction with those protective clauses of statutes which have 
 been passed for the relief of officers when acting or neglecting 
 to act bond fide, in the belief that they were discharging their 
 duty, and which will be found discussed infra (6). 
 
 OFFICERS ATTENDING COURTS. 
 
 In the case of all officers attending Courts, it is obvious that, Officers 
 whether the Court be the High Court of Parliament or a petty jjjjj?* 
 sessions, the object of their attendance is to secure order and 
 decorum during the sittings thereof. It is presumed, therefore, , 
 that it follows that they have in their own persons power to 
 take such steps as may be reasonably necessary to secure the 
 maintenance of such order and decorum without any specific 
 instructions for that purpose ; and that to this end they may 
 remove any persons who make a disturbance, or prevent from 
 entering those who are in an improper state (c). 
 
 In cases involving charges of indecency, women have usually Cases of 
 been denied admittance ; but it seems they are entitled to be 
 present if they think fit (eZ). 
 
 The disturbing of a meeting of justices would appear to con- 
 stitute a breach of the peace (e). 
 
 (a) 6 T. R. 443, and sec Grindleij 
 \. /.W.vr, 1 B. & P. 229. 
 (/.) Pa-e 154. 
 
 (c) May, 1'iirl. Prac. Oth cd. p. 89. 
 
 (d) Liverpool Assizes, Ma}', 1891. 
 
 (e) Sec the opinion of the Attorncy- 
 Gcneral, Stoiie, 23rd ed. p. 045.
 
 76 
 
 EXECUTIVE OFFICERS. 
 
 SHERIFF. 
 
 Sheriff. When a jury has been empanelled, they are strictly in the 
 
 Jury. custody of the sheriff until their verdict be given (/) In 
 
 practice, however, this rule is relaxed, except on the trial of 
 
 persons for serious crimes. 
 
 Where they are detained, a bailiff is sworn to keep them 
 
 together, and not to suffer any to speak to them (</). 
 
 Constables. 
 Duty. 
 
 Force, use 
 of. 
 
 Aiding 
 
 other 
 
 officers. 
 
 Infants. 
 Lunatics. 
 
 Married 
 women. 
 
 CONSTABLES. 
 
 The duty of constables is to preserve the peace, and where 
 any serious offence against the law is committed, to seize and 
 detain the offender. 
 
 If resisted in the execution of duty, they may repel force by 
 force, provided it is proportioned to the injury it is intended to 
 prevent (A). 
 
 Under a number of statutes these officers are required to lend 
 their assistance to other officers, either to effectuate the execu- 
 tion of some warrant or some power which such other officer has 
 in his own person. In such cases, it has been held, the con- 
 stable is in the execution of his duty (/) ; but if he act purely 
 ministerially, and is not guilty of any excess, he is not liable 
 while so acting (j) ; and if protection be afforded to these other 
 officers, he is usually entitled to share it (&). 
 
 Three classes of persons, viz. infants, lunatics, and married 
 women, are under certain circumstances excused from the con- 
 sequences of criminal acts ; but this is a matter for the judge or 
 magisti ate, and would not generally affect the duty of a con- 
 stable to act in such cases (Z). 
 
 Arrest. 
 
 Arrest. The inherent power of a constable to arrest is confined to 
 
 cases of treason, felony, or 7'easonable suspicion thereof, breach 
 of the peace committed in his view, and those misdemeanours 
 which are specially provided for by statute, and detailed 
 below (?). 
 
 Time. With regard to the time of arrest, it appears that on a criminal 
 
 charge it may take place at any time of the day or night (n) ; 
 
 (/) Hale, P. C. II., p. 296. 
 
 (0) Ibid. 
 
 (ft) 1 East, P. C. 297. 
 
 (0 R. v. Clarke, 4 N. & M. 671 ; 3 
 A. \ K. 287 ; 1 H. & W. 252. 
 
 (j) Cf., Flewster \. Royle, and 
 Glynn v. Houston, etc., post, p. 99. 
 
 (fc) See post, p. 153. 
 
 (0 See on this, 1 Hale, 25-28, 44, 
 434, 516; R. v. Hodges, 8 C. & P. 
 
 195; R. v. Cruse, ib. 541. 
 
 (n) A person cannot be arrested 
 on suspicion of having committed a 
 misdemeanour: Matthews v.Biddulph, 
 4 Sc. N. R. 54; 11 L. J. M. C. 13; 1 
 D. P. C. 216; Bowditch v. Balchin, 
 19 L. J. Ex. 337 ; 5 Ex. 378 ; 15 L. T. 
 232 ; 14 J. P. 449. 
 
 (n) Greenwood, Magist. Guide, 
 3rd. ed., p. 129.
 
 INHERENT POWERS. 
 
 77 
 
 and in cases of treason, felony, and breach of the peace, on 
 Sunday also (o). 
 
 As to breaking doors, it seems that that can take place only 
 in two cases : 
 
 1. In an affray which occurs in his view, he may pursue the 
 affrayers, and if they fly to a house into which he is not per- 
 mitted to enter, he may in the immediate pursuit break the 
 doors to apprehend them (jj). Or if there be an affray in a 
 house, and the doors be shut, whereby there is likely to be 
 manslaughter or bloodshed committed (<?), provided the life of 
 some person in the house is really in danger, and there be calls 
 for assistance (r). Or if there be any disorderly drinking or 
 noise at an unseasonable time of the night, especially in inns, a 
 constable demanding entrance and being refused, may break 
 open the doors to see and suppress the disorder (s). 
 
 2. If a felony be committed, and there be reasonable ground 
 of suspicion (t) that the felon was in the house (), or if a felony 
 will probably be committed unless he interfere, and there are no 
 other means of entering (V), he may in immediate pursuit (?) 
 break the door. 
 
 In all other cases a warrant is apparently necessary (#). 
 
 A constable cannot justify handcuffing a prisoner unless he 
 has attempted to escape, or it be necessary in order to prevent 
 his doing so (y). 
 
 Where the circumstances are such that a man must know why 
 a person is about to apprehend him, he need not be told, and 
 the arrest will be legal, and resistance illegal, as if he had been 
 told 0). 
 
 The jurisdiction of justices to hear and determine is limited 
 to six months from the commission of the offence (a) ; and 
 time runs as soon as the defendant's default or liability 
 is complete (6). In indictable offences there is no such limita- 
 tion. 
 
 A constable has no authority at common law to act out of his 
 vill (c). But a police authority may now enter into an agree- 
 ment with another authoiity to aid such other authority either 
 generally or for any particular time. And under such an agree- 
 
 (o) 29 Car. 2, c. 7, s. 6. 
 
 ( p) 2 Hawk. P. C. c. 14, s. 8. 
 
 (</) 2 Hale, P. C. 95; Smith v. 
 Shirley, 3 C. B. 142. 
 
 (r) Handcock v. Baker, 2 B. & P. 
 260. 
 
 () 2 Hale, P. C. 95. 
 
 (0 See post, p. 82. 
 
 (M) 2 Hale, P. C. 95. 
 
 (v) Greenwood, p. 209. 
 
 (w) See post, p. 78, and R. v. 
 Mm\<den, post, p. 78. 
 
 (z) 2 Hale, P. C. 95. 
 
 (y) Wright v. Court, 4 B. & C. 
 
 Breaking 
 doors. 
 
 In (1.) 
 
 aflray. 
 
 In (2.) 
 felony. 
 
 Handcuffs. 
 
 Stating 
 cause of 
 arrest. 
 
 Jurisdic- 
 tion. 
 
 596 ; 6 D. & R. 625. 
 
 (z) R. v. Howarth, 1 Moo. C. C. 
 207. 
 
 (a) 11 & 12 Viet. c. 43, s. 11. 
 
 (b) Labalmondiere v. Addison, 1 
 El. & El. 41 ; 28 L. J. M. C. 25 ; 5 
 Jur. 431 ; 23 J. P. 261 ; Reeves v. 
 Yeates, 1 H. & C. 435 ; 31 L. J. M. C. 
 241 ; 8 Jur. 751 ; 10 W. R. 779 ; 26 
 J. P. 808. 
 
 (c) 1 Hale, P. C. 459, and see 
 Gladwell v. Blake, 1 C. M. & R. 636 ; 
 5 Tyr. 186.
 
 78 EXECUTIVE OFFICERS. 
 
 tnent the constables of the aiding force are deemed to have all 
 powers and privileges of the aided force (d). 
 
 In felonies, and under the Coin, Gaming, Highway, Industrial 
 Schools, Larceny, Night Offenders, and Vagrant Acts (e), any 
 person may arrest, which words include, of course, a constable 
 out of his jurisdiction. In such case he would not be acting in 
 execution of his duty, and could not therefore claim the privi- 
 leges accorded to a constable when so acting. 
 
 Authority to arrest is confined to the following cases : 
 Affray. Where there is an affray, i.e. the fighting of two or more 
 
 persons in some public place to the terror of Her Majesty's 
 subjects (/) No quarrelsome or threatening words, are suffi- 
 cient (</) ; but there need be no actual violence ; as where per- 
 sons arm themselves with dangerous and unusual weapons (Ji). 
 Here the constable may arrest and carry the affrayers before a 
 justice, or detain them till their heat bo over. But it is essential 
 that the party should have been engaged in the affray, and that 
 the constable should have had view of the affray while the 
 party was so engaged in it, and that the affray was still con- 
 tinuing at the time of apprehension (?'). If they fly into a 
 house he may in the immediate pursuit break in to apprehend 
 them (y). 
 
 Assault To justify an arrest for an assault and battery in a constable's 
 
 and view, it must be such as would justify a criminal charge (&). 
 
 Where a man in the presence of a constable raised a shovel as 
 if to strike his wife, swearing that he would have murdered her 
 were it not for the presence of the constable, and afterwards for 
 about twenty minutes continued to use violent language towards 
 his wife, and then left his house professing an intention of going 
 to his father's to sleep ; and after he had gone a few yards the 
 constable arrested him, he was held justified in doing so (Z). 
 But where upon an assault on a constable in the execution of 
 his duty, a delay of over an hour occurred, when the house of 
 the prisoner was forced and he was arrested therein, the arrest 
 was held illegal (m). And so also is one on the charge of 
 another constable which is not well founded (n). 
 
 A prize-fight is an assault, and this has been held to be such 
 a fighting, whether with gloves or not, that injury to one of the 
 
 (d) 53 & 54 Viet. c. 45, a. 25. The 481 ; 5 Jur. N. S. 414. As to assault 
 Secretary of State may in case of on officers, see 34 & 35 Viet. c. 112, 
 emergency authorise a contingent of s. 12; 41 & 42 Viet. c. 74, s. 50; and 
 metropolitan constables to assist the 48 & 49 Viet. c. 75, s. 2. 
 
 local force. (0 -R. v. Light, 27 L. J. M. C. 1 ; 
 
 (e) See these statutes cited, infra. D. & B. C. C. 232. 
 
 (/) I Hawk. P. C. c. 63, s. 13. (m) R. v. Marsden, L. K. 1 C. C. 
 
 (g) Ibid., s. 3. 131; 37 L. J. M. C. 80; 11 Cox, 
 
 (h) Sects. 2, 4. C. C. 90 ; 18 L. T. 298 ; 32 J. P. 
 
 (i) Cook v. Netliercote, 6 C. & P. 436. 
 
 741. (n) Griffin v. Coleman, 4 H. & N. 
 
 ( /) 2 Hawk. P. C. c. 14, s. 8. 265 ; 28 L. J. Ex. 134. 
 (A-) Coicard v. Kaddtleij, 4 H. & N.
 
 INHERENT POWERS. 79 
 
 combatants is likely to ensue (o) ; all persons aiding and abet- 
 ting therein are guilty of assault, but the mere presence of a 
 person is not conclusive of aiding or abetting (j>). 
 
 A battery includes beating and wounding. To beat means 
 not merely to strike forcibly with the hand, or a stick, or the 
 like, but includes every touching or laying hold (however 
 trifling) of another's person or clothes in an angry, revengeful, 
 rude, insolent, or hostile manner (<?)., as e.g. thrusting or push- 
 ing him in anger (r), holding him by the arm (s), spitting in 
 his face, jostling him out of the way (t), pushing another 
 against him (), throwing a squib at him (V), striking a horse 
 on which he is riding by which he is thrown (w). If one strike 
 at another and miss him it is an assault only. A wounding is 
 where the violence is so great as to draw blood (x). 
 
 No battery can occur by mere misadventure (#), nor where a 
 parent moderately corrects his child (z), or a master his servant 
 or scholar (a), or if the defendant committed it merely in his 
 own defence (b), or in defence of a husband, wife, child, parent, 
 master, or servant (c). 
 
 Any meeting whatever of great numbers of people with such Assembly 
 circumstances of terror as cannot but endanger the public peace unlawful, 
 and raise fears and jealousies among the King's subjects, seems 
 properly to be called an unlawful assembly, as where great 
 numbers, complaining of a common grievance, meet together 
 armed in a warlike manner, in order to consult together con- 
 cerning the most proper means for the recoveiy of their inte- 
 rests, for no man can foresee what may be the event of such an 
 assembly (d). 
 
 Illegal drilling constitutes an unlawful assembly (e), and so 
 also would it appear to be where parties assemble together to 
 obstruct the officers of the law (/). Any assembling together 
 in thoroughfares for the purpose of peaceably passing along is 
 lawful. But there is apparently no common law right of 
 stationary meeting in any thoroughfare or public place ((7). 
 
 (o) B. v. Orton, 39 L. T. 293 ; 14 Hawk. c. 60, s. 23. 
 
 Cox, C. C. 266 ; B. v. Young, 10 ib. (a) See Gardner v. Bygrave, G 
 
 371. T. L. K. 23. 
 
 ( p) B. v. Coney, 8 Q. B. D. 534 ; (b) 1 Sid. 246 ; 1 Rol. Rep. 19. 
 
 37 L. J. M. C. 66; 15 Cos., C. C. 46; (c) 2 Rol. Abr. 546 d.; 1 Hawk. 
 
 46 L. T. 307 ; 30 W. K. 678 ; 46 c. 60, ss. 23, 24. 
 
 J. P. 404. (d) I Hawk. P. C. c. 65, s. 9. 
 
 (</) 1 Hawk. c. 62, s. 2; Bawlings (e) 60 Geo. 3, c. 1, s. 2. 
 
 v. 7V?/. 3 M. A: W. 28. (/) Per Fitzgerald, J., B. v. 
 
 (r) Per Holt. C.J., 6 Mod. 142. McNaughten, 14 Cox, C. C. 576. 
 
 (s) Ibid. 172. (g) B. v. Graham, 32 Sol. J. 179; 
 
 (t) Ibid. 149. 16 Cox, 420. Cf. De Morgan v. 
 
 (M) Bull, N. P. 16. Metropolitan Board of Worlts, 49 
 
 (v) 2 W. Bl. 892. L. J. M. C. 58 ; 28 W. R. 489, and 
 
 (ic) 1 Mod. 24. Homer v. Cadman, 34 ib. 413. As 
 
 (a;) Post, p. 87. to Trafalgar Square, see Ex parts 
 
 (u) Gibbon v. Pepper, 2 Salk. 637 ; Lewis, 21 Q. B. D. 191 ; 57 L. J. 
 
 It. v. Gill, I Str 4'Ji). M. C. 108 : 59 L. T. 338 ; 37 W. R. 
 
 (2) Com. Dig. PI. 3 M. 19; 1 13 ; 52 J. P. 773.
 
 80 
 
 EXECUTIVE OFFICERS. 
 
 A lawful assembly may become unlawful if during its course 
 seditious words are spoken of such a nature as to produce a 
 breach of the peace (Ji). 
 
 Where peisons assembled with others for a lawful purpose, 
 and with no intention of carrying it out unlawfully, but with 
 the knowledge that their assembly would be opposed, and with 
 good reason to suppose that a breach of the peace would be com- 
 mitted by those who opposed it, they could not be convicted of 
 an unlawful assembly (i). 
 
 The local authority responsible for the maintenance of order 
 may, in their discretion, issue notices warning persons not to 
 attend a meeting, but a meeting held there subsequently is not 
 an unlawful assembly by reason only of the existence of such a 
 notice (_/). Any one who reads it however is aware of the 
 character of the meeting and thus affected with responsibility 
 for attending it (&). 
 
 An assembly being unlawful may be dispersed (I). 
 
 Brawling. Any person making any disturbance in any church, chapel, or 
 churchyard may be immediately apprehended by any constable 
 and taken before a justice (TO). The disturbance must be wilful 
 and intentional (n). 
 
 Breach of As was above stated, the constable may arrest for a breach of 
 
 the peace, the peace committed in his view. But it must be actual (o), 
 and he may arrest as soon after as he conveniently can, so as it 
 come within the expression " recently " (p). The continued 
 ringing at a door-bell without cause or excuse is not itself such a 
 breach, but it is eminently calculated to lead to it, and if it is 
 done and persisted in, in view of the constable, he may arrest (q). 
 The disturbance and annoyance of a public meeting by 
 putting questions to the speakers, making observations on their 
 statements, and saying "that is a lie," is not a breach of the 
 peace (r). Nor is using loud words in the street (s), and arrest 
 in such case is unjustifiable (). But if a constable be engaged 
 in preventing a breach of the peace, and a person stands in his 
 way to hinder his doing so, he may arrest such person (ti). 
 
 Child A person about to expose an infant whereby its life may be 
 
 exposure, endangered may be arrested (v). 
 
 (h) R. v. Burns, 16 C. C. 0. 355. 
 
 (i) Beatty v. Gillbanks, 9 Q B. D. 
 308; 51 L. J. M. C. 117; 47 L. T. 
 194; 31 W. R. 275; 46 J. P. 789, 
 and see Beatty v. Glcnister, W. N. 
 1884, 93; 51 L. T. 304. 
 
 ( j) R. v. Graham, ubi sup. 
 
 (A-) II v. Fursey, 6 C. & P. 81. 
 
 (0 R. v. Neale, 9 t'6.,431. Soldiers 
 employed in suppressing such an as- 
 sembly have the same powers, and 
 are under the same liabilities as con- 
 stables : R. v. Pinney, 5 ib., 254. 
 
 (m) 1 Will. & M. c. 18, s. 18; 
 23 & 24 Viet. c. 32, s. 3 ; 43 & 44 
 
 Viet. c. 41, s. 8. 
 
 (n) Williams v. Glenister, 2 B. & C. 
 699, and see post, p. 132. 
 
 (o) Wheder v. Whitinq, 9 C. & P. 
 262. 
 
 (p) R. v. Light, D. & B. C. C. 
 232; 27 L. J. M. C. 1. 
 
 (q) Grant v. Moser, 5 M. & G. 123 : 
 6 Sc. N. R. 466. 
 
 (r) Wooding v. Oxley, 9 C. & P. 1. 
 
 (s) Hardy v. Murphy, 1 Esp. 294. 
 
 (t) R. v. LocMey, 4 F. & F. 155. 
 
 ( u) Levy v. Edwards, 1 C. & P. 40. 
 
 () Arch. J. P. 122.
 
 INHERENT POWERS. 
 
 81 
 
 A convicted person, at large on licence, who a constable may Convicted 
 reasonably suspect (10) of having committed any offence or persons, 
 broken any of the conditions of such licence (x) may be appre- 
 hended. And so also may persons twice convicted if they are 
 found getting their living by dishonest means, or found under 
 suspicious circumstances, or found on premises without being 
 able to give a satisfactory account of themselves (y). 
 
 A constable may on his own view arrest offenders against the Cruelty to 
 Cruelty to Animals Act. The offences are cruelly beat, ill- animals - 
 treat, over-drive, abuse, or torture, or cause this to be done, to 
 any animal (z). Animal means horse, mare, gelding, bull, ox, 
 cow, heifer, steer, calf, mule, ass, sheep, lamb, hog, pig, sow, 
 goat, dog, cat, or any other domestic animal (a), whether a 
 quadruped or not (6). 
 
 Cutting cocks' combs for fighting or winning prizes is within 
 the section (c), and so is dishorning ((f). But operating for the 
 purpose of improving an animal is not (e). Nor is mere passive 
 cruelty by not killing a wounded animal (/), unless there be 
 evidence of its being kept in such a manner as to amount to 
 torturing (g). 
 
 Keeping, or using, or acting in the management of any place 
 for the purpose of fighting or baiting any animal (Ji), or aiding 
 thereat. 
 
 This offence must be committed in a place usually kept for 
 the purpose (f). Hunting rabbits in an inclosed area of four 
 acres is not within the section (y). 
 
 Persons impounding animals not providing food and water (&). 
 
 This does not apply to the pound-keeper (I). 
 
 (w) See post, p. 82. 
 
 (a;) I.e., by conviction or failure to 
 report to po'lice : s. 1 ; 27 & 28 Viet. 
 c. 47, s. 6. 
 
 (y) 34 & 35 Viet. c. 112. s. 7; 
 and see 54 & 55 Viet. c. 69, ss. 2 
 and 6. 
 
 (z) 12 & 13 Viet. c. 92, s. 13 (2). 
 There is no ofl'ence if defendant did 
 not know of the pain caused : Elliott 
 v. Osborne, 55 J. P. 277. 
 
 (a) Sect. 29. 
 
 (6) 17 & 18 Viet. c. 60, s. 3. It 
 includes cocks : Bridge v. Parsons, 3 
 B. & S. 302 ; 32 L. J. M. C. 95 ; 9 
 Jur. N. S. 796; 7 L. T. 784; 11 
 W. R. 424, and linnets: Colam v. 
 Paget, 53 I,. J. M. C. 64 ; 12 Q. B. D. 
 66 ; 32 W. E. 289 ; 44 J. P. 263, but 
 not young unacclimatised parrots : 
 Swan v. Sanders, 50 L. J. M. C. 67; 
 44 L. T. 424 ; 45 J. P. 522 ; 29 W. R. 
 538 ; 14 Cox, C. C. 566. 
 
 (c) Murpliy \. Manning. 2 Ex. D. 
 307; 46 L. J. M. C. 211 ; 36 L. T. 
 592 ; 41 J. P. 104 ; 25 W. R. 540. 
 
 fd) Ford v. Wiley, 5 Ti. Rep. 453 ; 
 53 J. P. 324 ; 37 W. R. 709 ; 58 L. J. 
 M. C. 145. 
 
 (e) Lewis v. Fermor, 18 Q. B. D. 
 532 ; 56 L. J. M. 0. 45 ; 56 L. T. 
 236 ; 35 W. R. 378 ; 51 J. P. 371 ; 16 
 Cox, C. C. 176. 
 
 (/) Powell v. Knights, 38 L. T. 
 607 ; 42 J. P. 597; 26 W. R. 721. 
 
 (g) Eteritt v. Davies, 38 L. T. 360 ; 
 42 J. P. 248 ; 26 W. R. 332. 
 
 (h) 12 & 13 Viet. c. 92, s. 3. 
 
 (0 Clarke v. Hague, 29 L. J. M. C. 
 105 ; 6 Jur. N. S. 273 ; 8 AV. R. 363 ; 
 2 L. T. 85; 24 J. P. 517 ; Morley v. 
 Greenhalgh, 32 L. J. M. C. 93 ; 3 
 B. & S. 374 ; 9 Jur. N. S. 745 ; 7 
 L. T. 624 ; 27 J. P. 197. 
 
 (j) Pitts v. Millar, L. R. 9 Q. B. 
 380 ; 43 L. J. M. C. 102 ; 30 L. T. 
 328 ; 38 J. P. 615. 
 
 (A-) 12 & 13 Viet. c. 92, s. 5. 
 
 (7) Dargan v. Dacies, 2 Q. B. D. 
 118; 46 L. J. M. C. 122; 35 L. T. 
 810 ; 41 J. P. 468.
 
 82 
 
 EXECUTIVE OFFICERS. 
 
 Persons keeping slaughter places to affix names (ni). 
 Neck hair to be cut before slaughter, to be killed within three 
 days, and food and water meanwhile provided (n). 
 Cattle for slaughter not to be employed (o). 
 Description of cattle slaughtered to be entered in book (p). 
 Conveying so as to cause unnecessary suffering (<j>). 
 
 Cruelty to Persons committing offences against the Cruelty to Children 
 children. Act may be arrested if the offence be committed in the con- 
 stable's view, and the person's name and address cannot be 
 astertained, and the child may be taken to a place of safety (r). 
 The offences are ill-treatment and neglect (s) ; causing child 
 to beg (f). 
 
 Dice. Persons playing with false dice may be arrested (). 
 
 Drunken- So also may every person who in any highway or other public 
 ness. place, whether a building or not, is guilty while drunk of riotous 
 
 or disorderly behaviour, or who is drunk while in charge on any 
 highway or other public place of any carriage, horse, cattle, or 
 steam-engine, or who is drunk while in possession of any loaded 
 fire-arms (v). 
 
 Escape. Offenders who have escaped cannot be retaken without war- 
 
 rant, unless the original offence was one for which no warrant 
 was required (to). 
 
 Explosives. Constables may remove persons who enter factories, maga- 
 zines, or stores of explosives without permission (a;). 
 
 Felony. With respect to felonies, inasmuch as they form a class to 
 
 themselves, it is as well that they should be arranged alphabeti- 
 cally under this head. 
 
 A constable has power to arrest in case of felony committed, 
 or reasonable suspicion that it has been committed (?/) ; or, as 
 regards offences against the person, that it is about to be com- 
 mitted in the night-time (z). Similar provisions are contained 
 in the Larceny and Malicious Injury to Property Acts. 
 
 Accessories before and after the fact are now liable in all 
 respects as principals (a). 
 
 With regard to what is reasonable suspicion, the grounds 
 must be such as would lead a reasonable person acting without 
 passion or prejudice to come to that conclusion (&). 
 Abduction. Abduction of a woman for lucre or under twenty -one (c). 
 
 If the woman be taken away at first by consent, and after- 
 
 Cm) 12 & 13 Viet. c. 92, s. 7. 
 
 (n) Sect. 8. 
 
 (o) Sect. 9. This is not confined 
 to licensed slaughter-houses : Colam 
 V. Hall, L. K. 6 Q. B. 206. 
 
 O) Sect. 10. 
 
 (3) Sect. 12. 
 
 (r) 52 & 53 Viet. c. 44, s. 4. 
 
 (j Sect. 1. 
 
 (0 Sect. 3. 
 
 (M) Arch. J. P. 123. 
 
 (t>) 35 & 36 Viet. c. 94, s. 12. 
 
 (w) 2 Hawk. c. 14, s. 9. 
 
 (a;) 38 & 39 Viet. c. 17, s. 77. 
 
 (y) Beckwith v. Philby, 6 B. & C. 
 635 ; 9 D. & K. 487 ; Stonehouse v. 
 Elliott, 6 T. K. 315; B. v. Phelps, 
 Car. & M. 180. 
 
 (z) 24 & 25 Viet. c. 100, s. 66. 
 
 (a) 24 & 25 Viet. c. 94, ss. 1 and 3. 
 
 (6) Allen v. Wright, 8 C. & P. 522 ; 
 Leete v. Hart, 37 L. J. C. P. 157; 
 L. K. 3 C. P. 322 ; 32 J. P. 407. 
 
 (c) 24 & 25 Viet. c. 100, s. 53.
 
 INHERENT POWEES. 
 
 S3 
 
 wards refuse to continue with the offender, and be forcibly 
 detained by him, it is sufficient (d). And so if she be forcibly 
 taken away, and afterwards married or defiled by her consent (e), 
 or if it be effected by fraud (ee). 
 
 Of any woman by force (/). 
 
 Of a girl under fourteen (</) 
 
 Abortion, attempt to procure (A). 
 
 The administration of a drug must be by the defendant (?'), 
 but mere delivery is not sufficient (_/), although the defendant 
 need not be present at the time of taking the drug (fc). The 
 drug must be a poison or noxious thing (Z), and the offence is 
 complete whether the woman be or be not with child, and may 
 be committed by the woman herself (m). 
 
 Aqueducts, bridges or piles, malicious injuiy to (n). 
 
 Arson of a church or chapel (o). 
 Of a dwelling-house (p). 
 Of an out-house, factory &c. (</). 
 
 An unfinished structure is not within this section (r). 
 Of buildings belonging to railways and canals (). 
 Of public buildings (<). 
 Of other buildings (M). 
 
 An unfinished dwelling house is within this section (vj. 
 
 If a man by wilfully setting fire to his own house burn that 
 of a neighbour it is sufficient (to). The absence of malice or 
 spite to the owner is no answer (x), nor that the burning is 
 trifling (#). 
 
 Of goods in buildings (z). 
 
 This does not extend to throwing a light into a letterbox (a), 
 nor to setting fire to goods to injure the owner of the goods, 
 but not of the house (fe). 
 
 (d) 1 Hawk. c. 41, s. 7. 
 
 (e) Fulicood, Cro. Car. 488 ; Swen- 
 den, 5 St. Tr. 450. 
 
 (ee) R. v. WaJiefield, 1 Lew. Cr. C. 
 1 ; E. v. SurreU, 33 L. J. M. C. 54 ; 
 1 L. & C. 354; 12 W. K. 149; 9 
 L. T. 426. 
 
 (/) 24 & 25 Viet. c. 100, 8. 54. 
 
 (<7) Sect. 56. 
 
 (h) Sect. 58. 
 
 (i) R. v. Narley, 4 C. & P. 369. ' 
 
 (j) E. v. Cadman, 1 Moo. C, C. 114. 
 
 (fc) E. v. Wilson, 26 L. J. M. C. 
 18 ; 1 D. & B. C. C. 126 ; 7 Cox, C. C. 
 190 ; 2 Jur. N. S. 1146 ; 5 \V. K. 70; 
 20 J. P. 774 ; E. v. Farroic, 1 D. & B. 
 C. C. 164 ; 3 Jur. N. S. 167 ; 5 W. K. 
 269; 21 J. P. 118. 
 
 (0 -B. v. Isaacs, 1 L. & C. C. 0. 
 220 ; 32 L. J. M. C. 52 ; 9 Cox, C. C. 
 228; 11 W. R. 95; 7 L. T. 477; E. 
 v. Hollis, 12 Cox, 463 ; 28 L. T. 455. 
 
 (m) E. v. Goodhall, \ Di-a. 187 ; 2 
 C. & K. 293; E. v. Whitchurch, 24 
 
 Q. B. D. 420. 
 
 (n) 24 & 25 Vicf. c. 97, SB. 31, 33. 
 
 (o) Sect. 1. 
 
 ( p) Sect. 2. 
 
 (2) Sect. 3. 
 
 (r) E. v. Edgell, 11 Cox, C. C. 132 ; 
 32 J. P. 168. 
 
 () Sect. 4. 
 
 (0 Sect. 5. 
 
 () Sect. 6. 
 
 (u) R. v. Manning, 1 C. C. R. 338 ; 
 41 L. J. M. C. 11 ; 36 J. P. 228; 12 
 Cox, C. C. 106 ; 25 L. T. 573. 
 
 (M>) R. v. Probert, 2 East, P. C. 
 1030; R. v. Isaac, ib. 1031. 
 
 (x) R. v. Salmon, R. & R. 26. 
 
 (y) 1 Hawk. c. 39, s. 17; 3 Inst. 
 66. 
 
 fz) 24 & 25 Viet. c. 97, s. 7. 
 
 (a) R. v. Satstone, 10 Cox, C. C. 
 20. 
 
 (/>) R. v. Child, 1 C. C. R. 307; 40 
 L. J. M. C. 127; 12 Cox, C. C. 64; 
 35 J. P. 805 ; 24 L. T. 556. 
 G 2 
 
 Abortion. 
 
 Aqueducts, 
 fa, 
 
 Arson.
 
 84 
 
 EXECUTIVE OFFICEBS. 
 
 Attempts to fire buildings (c). 
 
 Damaging house with gunpowder, &c., whereby the life of 
 anyone is endangered (d). 
 
 This does not extend to mere wanton mischief (e) ; but in- 
 cludes persons imperilled outside the building (/). 
 
 Setting fire to crops, &c. (</). 
 This does not apply to a single tree (A). 
 
 Firing stacks of corn, &c. (f). 
 
 Flax in seed is included (/) ; but straw in a lorry in 
 transitu (&), or wood in a temporary loft is not (Z). 
 
 Attempts to fire stacks, &c. (?). 
 
 It is sufficient if the attempt be abandoned before being 
 actually made (n). 
 
 Firing mines or attempts (o). 
 Firing ships or attempts (j?). 
 The firing must not be the result of accident (5). 
 Assault with intent to rob (f). 
 
 Actual violence is not necessary. Assaulting and threatening 
 to charge with an infamous crime is within the section (s). 
 
 Bank-notes, exchequer bills, &c., or paper making (f). This 
 applies to notes of a Scotch bank (M). 
 Bankrupt. Bankrupt absconding with 20 and upwards (#). This does 
 not extend to a miKor (w). 
 Bigamy (). 
 
 It is sufficient if a person goes through the form and ceremony 
 of a second marriage, though it be unlawful and void (?/). But 
 a belief in good faith and on reasonable grounds that the 
 husband or wife is dead is a good defence (z). 
 Buoys, boats, &c., interfering with (). 
 Burglary (6). 
 This must take place between 9 P.M. and 6 A.M. There must 
 
 Assault. 
 
 Bank notes, 
 making. 
 
 Bigamy. 
 
 Buoys. 
 Burglary. 
 
 (c) 24 * 25 Viet. c. 97, s. 8. 
 
 (d) Sect. 9. 
 
 (e) R. v. Broirn, 3 F. & F. 821. 
 (/) jR. v. MGrath, 14 Cox, C. C. 
 
 598. 
 
 (3) 24 & 25 Viet. c. 97, s. 16. 
 (ft) R. v. Davy, 1 Cox, C. C. 60. 
 
 (f) Sect. 17. 
 
 fn R. v. Spencer, 26 M. C. L. J. 
 16 ; ID. & B. 131 ; 7 Cox, C. C. 
 189; 2 Jur. N. S. 1212; 5 W. R. 70 ; 
 20 J. P. 775. 
 
 (A-) R. v. Satchwell, L. R. 2 C. C. 
 21 ; 42 L. J. M. C. 63 ; 21 W. R. 612 ; 
 37 J. P. 421 ; 28 L. T. 569. 
 
 (0 R. v. Arts, 6 C. & P. 348. 
 
 (m) 24 & 25 Viet. c. 97, s. 18. 
 
 (n) R. v. Taylor, 1 F. & F. 571. 
 
 (o) 24 & 25 Viet. c. 97, ss. 26, 27. 
 
 (p) Sects. 43, 44. 
 
 (q) R. v. Faulkner, 13 Cox, 550. 
 
 (r) 24 & 25 Viet. c. 96, s. 42. 
 
 (s) R. v. Stringer, 2 Moo. C. C. 
 
 261; 1 C. &K. 188. 
 
 (0 24 & 25 Viet c. 98, ss. 8-11, 14. 
 
 (u) R. v. Brackenbridge, 1 C. C. R. 
 133; 37 L. J. M. C. 86; 11 Cox, 
 C. C. 96; 18 L. T. 369; 16 W. R. 
 816. 
 
 (v) 32 & 33 Viet. c. 62, s. 12. 
 
 (w) R. v. Wilson, 5 Q. B. D. 28 ; 
 49 L. J. M. C. 13 ; 41 L. T. 480 ; 44 
 J. P. 105. 
 
 (z) 24 & 25 Viet. c. 100, s. 57. 
 
 (//) R. v. Allen, 1 C. C. R. 397 ; 41 
 L. J. M. C. 97 ; 12 Cox, C. C. 193 ; 
 20 W. R. 756 ; 36 J. P. 820 ; 26 L. T. 
 664 ; R. v. Bawen, 1 Cox, C. C. 33 ; 
 7 J. P. 530 ; R. v. Penson, 5 C. & P. 
 412. 
 
 (z) R. v. Tolson, 23 Q. B. D. 168; 
 58 L. J. M. C. 97 ; 16 Cox, C. C. 629 ; 
 60 L. T. 899; 37 W. R. 716; 54 
 J. P. 4. 
 
 (o) 24 & 25 Viet. c. 97, s. 48. 
 
 (fe) 24 & 25 Viet. c. 96, s. 51.
 
 INHERENT POWERS. 
 
 85 
 
 be a breaking, but it is not a breaking to open a window or 
 aperture which is already open and should be fastened (c) ; but 
 an entry by a chimney is a breaking (d). It may be on one 
 night and the entry on another (e). It must take place in a 
 dwelling-house, which includes every permanent building. The 
 residence of care-takers is not sufficient (/), nor where the 
 owner or occupier is not yet in actual occupation (</) ; out- 
 houses must be connected with a covered way. There must 
 be an entry (h) though with any part of the body or an instru- 
 ment is sufficient (i). 
 
 Burglary by breaking out (j). 
 
 This extends to the case of larceny by lodgers (&). On an 
 attempt it is unnecessary to establish entry (I). 
 
 Cattle, killing or maiming (m), &c. 
 
 Maiming without wounding must entail permanent injury (n). 
 The wounding need not be done with an instrument (o), and it 
 is sufficient if it be done recklessly (p). 
 
 Children under thirteen, carnally abusing (<j>). 
 
 Where the girl assented the conviction was quashed (r). 
 
 Chloroform, administering with intent (Y). 
 
 Choking, attempt to, with intent (f). 
 
 Coin clippings, possessing (u). 
 
 Coin tools, &c., making (). 
 
 This extends to a mould (V), and to a galvanic battery (a). 
 
 Conveying tools or coins, &c., out of the mint (y). 
 
 Copper, counterfeiting or dealing in, having three or more 
 pieces after previous conviction (2). 
 
 Crime, accusing of, extorting by (a). 
 
 The guilt or innocence of the party threatened is im- 
 material (6). 
 
 (c) 1 Hale, 551 ; 3 Inst. 64; B. v. 
 Lewis, 2C.&P. 628 ; B. v. Spriggs, 
 1 M. & E. 357; E. v. Swallow, 2 
 Kuss. C. & M. 9. 
 
 (d) B. v. Brice, B. & E. 341. 
 
 (e) 1 Hale, 551. 
 
 (/) B. v. Smith, 2 E. P. C. 497 ; 
 B. v. Flannagan, E. & E. 187. 
 
 (3) B. v. Hillard, 2 E. P. C. 498 ; 
 B. v. Thompson, ib. ; 2 Leach, 771. 
 
 (A) 1 Hale, 551. 
 
 (0 B. v. Davis, E. & E. 499. 
 
 O') 24 & 25 Viet. c. 96, s. 51. 
 
 (fe) B. v. Wheeldon, 8 C. & P. 747 ; 
 B. v. Lawrence, 4 ib. 231. 
 
 (0 B. v. Spanner, 12 Cox, C. C. 
 155 
 
 (m) 24 & 25 Viet. c. 97, s. 40. 
 
 O) B. v. Jeans, 1 C. & K. 539 ; B. 
 v. Haywood, 2 E. P. C. 1076 ; E. & E. 
 16. 
 
 (o) B. v. Bullock, L. E. 1 C. C. 115 ; 
 37 L. J. M. C. 47 ; 11 Cox, C. C. 125 ; 
 
 Cattle. 
 
 Children, 
 abuse of. 
 
 Chloro- 
 form, ad- 
 minister- 
 ing, &c. 
 
 Choking. 
 
 Coins, 
 clippings, 
 possessing 
 tools, &c. 
 
 Copper. 
 Crime. 
 
 16 W. E. 405 ; 32 J. P. 102 ; 17 L. T. 
 516. 
 
 (p) B. v. Welch, 1 Q. B. D. 23; 45 
 L. J. M. C. 17; 13 Cox, C. C. 121 ; 
 33 L. T. 753 ; 24 W. E. 280. 
 
 (3) 48 & 49 Viet. c. 64, s. 4. 
 
 (r) B. v. Martin, 2 Moo. C. C. 123. 
 
 (s) 24 & 25 Viet. c. 100, s. 22. 
 
 (0 Sect. 21. 
 
 (M) 24 & 25 Viet. c. 99, s. 5. 
 
 (v) Sect. 24. 
 
 (w) B. v. Weeks, 8 Cox, C. C. 455 ; 
 7 Jur. N. S. 472 ; 30 L. J. M. C. 141 ; 
 L. & C. 18 ; 25 J. P. 357 ; 4 L. T. 
 373 
 
 (z) B. v. Gover, 9 Cox, 282. 
 
 ((/) 24 & 25 Viet. c. 99, s. 25. See 
 B. v. Harvey, L. E. 1 C. C. 284; 40 
 L. J. M. C. 63. 
 
 (2) 24 & 25 Viet. c. 99, ss. 14, 15. 
 
 (a) 24 & 25 Viet. c. 96, s. 47. 
 
 (6) B. v. Cracknell, 10 Cox, C. C. 
 408 ; B. v. Richards, 11 ib. 43.
 
 86 
 
 EXECUTIVE OFFICERS. 
 
 Deer. Deer stealing (c). 
 
 Desertion. Desertion army (rf), or navy (e). 
 
 As to naval officers, it has been laid down that to be de- 
 serters they must be borne on the books of a ship in com- 
 mission (/). 
 
 Embezzle- Embezzlement (</). 
 ment. This offence is similar to larceny (h\ 
 
 Escape. Escape or aiding, in case of felony (). 
 
 Explosion. Explosion with intent, or attempts (/), or making, or having 
 possession of explosive substances under suspicious circum- 
 stances (&). 
 
 Extradi- As to extradition cases, it seems an open question whether 
 
 tion. a constable would be justified in arresting a fugitive on 
 
 reasonable suspicion that he had committed a crime which 
 would be felony if committed here (T). 
 
 Foreign Foreign gold or silver, counterfeiting or dealing in (m). 
 
 gold. Forgery (n). 
 
 Forgery. At common law this is the fraudulent making or alteration of 
 
 a writing to the prejudice of another man's right (o). The 
 slightest alteration of a genuine instrument in a material part 
 whereby a new operation is given to it is sufficient (p). The 
 name forged may be that of a fictitious person (5), provided the 
 name be assumed for the purposes of fraud (r). It must be of 
 some document or writing, and does not include painting an 
 artist's name on a picture (). It must be uttered, offered or 
 dispoi-ed of, although that to an innocent agent or accomplice is 
 sufficient (t). 
 
 Of Great Seal, powers of attorney , dividend warrants,&c.(). 
 Of bank-notes (v). 
 Of deeds, bonds, &c. (?). 
 
 This includes a fraudulent demise (a;), a guarantee (/), and 
 post-office orders (z), but not letters of ordination (a). 
 Of wills (6). 
 Of bills of exchange and promissory notes (cX 
 
 (c) 24 & 25 Viet. c. 96, ss. 12, 13. 
 
 (<i) 2H & 30 Viet. c. 109. 
 
 (<?) 44 & 45 Viet. c. 58. 
 
 (/) R. v. Gumming, 19 Q. B. D. 
 13 ; 57 L. T. 477 ; 56 L. J. Q. B. 
 287 ; In re Hearson 1 T. L. R. 307 ; 
 64 L. T. 535. 
 
 (0) 24 & 25 Viet. c. 96, ss. 68 and 70. 
 (*) See post, p. 87. 
 
 (t) 4 Black. 130; 1 Hale, 23. 
 (/) 24 & 25 Viet. c. 97, ss. 9, 10. 
 (A-) 46 Viet, c. 3, ss. 2-5. 
 
 (1) E. v. Weil, 9 Q. B. D. 701. 
 (m) 24 & 25 Viet. c. 99, ss. 18, 19, 
 
 21. 
 
 O) 24 i- 25 Viet. c. 98. 
 
 (o) 4 Black. 247. 
 
 (p) 1 Hawk. e. 70. s. 2. 
 
 (?) R. v. Lewis, Fost. 116; R. v. 
 
 Holland, 3 E. P. C. 958. 
 
 (r) R. v. Bontien, R. & R. 260. 
 
 () R. v. Gloss, D. & B. 460 ; 27 
 L. J. M. C. 54. 
 
 (0 R. v. Palmer, 1 N. R. 96; 
 R. & R. 72 ; R. v. Giles, 1 Moo. C. C. 
 166. 
 
 (M) 24 & 25 Viet. c. 98, ss. 1-8. 
 
 (v) Sect. 12. 
 
 (ic) Sect. *0. 
 
 (a;) R. v. Ritson, 1 C. C. R. 200; 
 30 L. J. M. C. 10. 
 
 (y) R. v. Coellio, 9 Cox, C. C. 8. 
 
 (z) R. v. rau<l.rff.'in. 10 ib. 177. 
 
 (a) R. v. Morten. 42 L. J. M. C. 58 ; 
 L. R. 2 C. C. 22 ; 28 L. T. 452; 21 
 W. R. 629. 
 
 (6) Sect. 21. 
 
 (c) Sect. 22.
 
 INHERENT POWERS. 
 
 87 
 
 This does not extend to forging an acceptance where the bill 
 had not been signed by the drawer (d). 
 Of orders and receipts fur money (e). 
 
 It is sufficient if the party to whom it is addressed has been 
 in the habit of treating similar documents as orders (/)-' A 
 guarantee (#), a dividend warrant (h), and a pawnbroker's 
 duplicate (i), are within the section. But not a request to 
 pay money Q'), nor a certificate that a person is gaining his 
 livelihood by certain means (&). It must be made by a person 
 who might command the payment to a person who was com- 
 pellable to obey it (Z), and it must purport to be directed to 
 the person having possession of the money (m). 
 Of marriage licence (ri). 
 
 It matters not that the marriage is void (o). 
 Of registers (p). 
 
 Gold coin impairing, colouring to represent, counterfeiting or 
 dealing in, having three or more pieces after previous con- 
 viction (5). 
 
 Goods in manufacture, malicious injury to (r). 
 
 Grievous bodily harm, with intent to maim, resist apprehen- 
 sion, or by explosion (s), 
 
 This applies to firing recklessly at a group (f) ; but not to a 
 man who has communicated a venereal disease to his wife (u). 
 
 Hopbinds destroying (). 
 
 Housebreaking or attempt (w). 
 
 Larceny (x). 
 
 At common law this is the wrongful or fraudulent taking 
 or carrying away the personal goods of another from any place 
 with a felonious intent to convert them to the taker's own 
 use, and make them permanently his own property without . 
 the consent of the owner (?/). Wherever there is a bond fide 
 claim of right, however groundless, it is no felony (2), and the 
 
 (d) B. v. Mopsey, 11 Cox, C. C. 
 143. 
 
 (e) Sect. 23. 
 
 (/) R. v. Kay, L. K. 1 C. C. 257; 
 39 L. J. M. C. 118. 
 
 (g) R. v. Joyce. 1 L. & C. C. C. 576 ; 
 34 L. J. M. C. 168 ; 13 W. B. 662 ; 
 11 Jur. N. S. 472 ; 12 L. T. 351 ; 10 
 Cox, C. C. 100. 
 
 (h) R. v. Autey, 1 D. & B. C. C. 
 294 ; 26 L. J. M. C. 190 ; 7 Cox, C. C. 
 329 ; 3 Jur. N. S. 697. 
 
 (0 R. v. Fitchie, 1 Cox, C. C. 257 ; 
 29 L. T. 99; 1 D. & B. C. C. 175; 3 
 Jur. N. S. 419 ; 26 L. J. M. C. 90. 
 
 (;) R. v. Thorn, 2 Moo. C. C. 210 ; 
 C. \- M. 206. 
 
 (A-) R. v. Mitchell. 2 F. & F. 44. 
 
 (0 R. v. Clinch, 2 E. P. C. 938. 
 
 (m) Ibid. 
 
 00 Sect. 35. 
 
 (o) R. v. Asplin, 12 Cox. C. C. 391. 
 
 (p) Suet. 36. 
 
 (3) 24 & 25 Viet. c. 99, ss. 2, 3, 4, 
 
 11. 
 
 (r) 24 & 25 Viet. c. 97, s. 14. 
 
 (s) 24 & 25 Viet. c. 100, ss. 18, 28- 
 30. 
 
 (0 R. v. Fretwell, 33 L. J. M. C. 
 128 ; 9 Cox, C. C. 471 ; 10 Jur. N. S. 
 595 ; 12 W. K. 751 ; 28 J. P. 344 ; 10 
 L. T. 428. 
 
 (u) R. v. Clarence, 22 Q. B. D. 23 ; 
 58 L. J. M. C. 10 ; 59 L. T. 780 ; 37 
 W. E. 166; 53 J. P. 149; 16 Cox, 
 C. C. 511 ; 5 Ti. Eep. 61. 
 
 (v) 24 & 25 Viet. c. 97, s. 19. 
 
 (w) 24 & 25 Viet. c. 96, ss. 56, 57. 
 
 (a:) 24 & 25 Viet. c. 96. 
 
 (y) 2 East, P. C. c. 16, s. 2. 
 
 (z) 1 Hale, 509. 
 
 Gold coin. 
 
 Goods. 
 
 Grievous 
 harm. 
 
 Hopbinds. 
 
 House- 
 breaking. 
 
 Larceny.
 
 88 EXECUTIVE OFFICERS. 
 
 intention to steal is of the essence of the act (a). There must 
 be a taking either actual or constructive (6). As to goods lost, 
 if the finder appropriate them believing that the owner can 
 be found, it is larceny (c) ; but not on a subsequent appro- 
 priation with such knowledge ((?). Where the owner of his own 
 free will parts with the property there is no larceny, however 
 fraudulent were the means employed (e) ; but this does not 
 apply to a trick or artifice (/). There must be a carrying away ; 
 but a bare removal is sufficient (</). 
 
 Of horses, cows, sheep, &c. (Ji). 
 
 Of oysters in fishery (f). 
 
 Of bonds, bills, notes, &c. (y). 
 
 Of wills and codicils (&). 
 
 Of records or other legal documents (7). 
 
 This extends to the case of depriving an officer of the law 
 of his warrant (m). 
 
 Of metal, glass, &c., fixed to house or land (n). 
 
 Of trees in pleas ure-ground to the value of 1, or elsewhere 
 5(o). 
 
 Of ore, metal, coal, &c. (p). 
 
 Of goods in dwelling-house to the value of 5 (5), or with 
 menaces (r). 
 
 Of goods in process of manufacture (s), from ships, clocks, 
 or wharfs (<), or wreck (u). 
 
 By clerks and servants (v). 
 This constitutes embezzlement (w). 
 
 It applies to a female servant (#), and an apprentice though 
 under age (?/), and a son acting as clerk (2), and is not confined 
 to servants of persons in trade (a). The mode by which the 
 defendant is remunerated is immaterial (fc). A commercial 
 
 (a) R. v. Crump, 1 C. & P. 658. 324. 
 
 (6) 1 Hale, 514. (n) Sect. 31. 
 
 (c) R. v. Thurborn, 1 Den. 388; 2 (o) Sect. 32. 
 C. & K. 831. (p) Sect. 38. 
 
 (d) R. v. Pearson, 2 Den. 353 ; 21 (q) Sect. 60. 
 L. J. M. C. 41 ; R. v. Mathews, 12 (r) Sect. 61. 
 Cox, 489. (s) Sect. 62. 
 
 (e) R. v. Macgrath, L. E. 1 C. C. ffl Sect. 63. 
 205; 39 L. J. M. C. 7; 2 E. P. C. (M) Sect. 64. 
 668 ; R. v. Lovell, 8 Q. B. D. 185 ; R. (v) Sect. 67. 
 
 v. Adams, R. & R. 225. (r) R. v. Gibbs, D. C. C. 445 ; 24 
 
 ( O R. v. Middleton, L. R. 2 C. C. L. J. M. C. 62; 6 Cox, C. C. 455 ; 1 
 
 38; 42 L. J. M. C. 73; R. v. Hollis, Jur. N. S. 118. 
 
 12 Q. B. D. 25. (.r) R. v. Smith, R. & R. 267. 
 
 (g) 4 Bl. 231. (?/) R. v. Jl/<7//./j, ib. 80. 
 
 (A) 24 & 25 Viet. c. 96, ss. 10-13. (z) R. v. Foulkes, L. R. 2 C. C. 
 
 (/) Sect. 26. 150; 44 L. J. M. C. 65. 
 
 ( .;') Sects. 27, 28. (a) R. v. Squire, R. & R. 349 ; R. 
 
 (&) Sect. 29. v. Townsend, 1 Dea. 167 ; 2 C. & K. 
 
 (0 Sect. 30. 168 ; R. v. Adey, 1 Den. 578 ; 19 L. J. 
 
 (m) R. v. Bailey, L. R. 1 C. C. 347 ; M. C. 149. 
 
 41 L. J. M. C. 61 : 12 Cox, C. C. 129 ; (6) R. v. Carr, R. & R. 198 ; R. v. 
 
 25 L. T. 882 ; 20 W. R. 301 ; 36 J. P. Biggins, ib. 145.
 
 INHERENT POWERS. 
 
 89 
 
 traveller is within the section (c) ; but not a commission 
 agent (d). The employment need not be permanent (e) ; but 
 for a single purpose is not sufficient (/). 
 By public officers (#). 
 Of fixtures by tenants (Ji). 
 
 Machines, malicious injury to (*). 
 
 The destruction of any part whether it works or not (/), 
 is within the section (&) ; but if a part be destroyed through 
 fear the remaining parts are not so (I). It extends to 
 ploughs and water-wheels (TO), and the damage need not be 
 permanent (n). 
 
 Manslaughter (o). 
 
 This is (1) involuntary where a man doing an unlawful 
 act not amounting to felony by accident kills another, or where 
 by culpable neglect of duty he is the cause of the death of 
 another, or, (2) voluntary where in a sudden quarrel two 
 persons fight, and one of them kills the other, or where a man 
 greatly provokes another by some personal violence and the other 
 immediately kills him (j?). 
 
 Mines, malicious injury (<j). 
 
 If a workman stop up an airway by order of the master 
 it is no felony unless they knew the act to be malicious (r). If 
 the act be done under a bond fide claim of right it is not within 
 the section (s). 
 
 Murder or attempts (f). 
 
 This is where a person of sound memory and discretion 
 unlawfully killeth any reasonable being, and under the king's 
 peace with malice aforethought, express or implied (u). 
 
 Mutiny (v). 
 
 Oaths unlawful (tc). 
 
 This extends to oaths of secret societies (x), and to unlawful 
 combinations (y). 
 
 Penal servitude, at large during (z). 
 
 (c) E. v. Bailey, 12 Cox, 56 ; E. v. 
 Tite, L. & C. 29; 30 L. J. M. C. 
 142. 
 
 (d) E. v. Bowers, L. B. 1 C. C. 41 ; 
 35 L. J. M. C. 266. 
 
 (e) E. v. Spencer, B. & R. 299 ; E. 
 v. Smith, ib. 516. 
 
 (/) E. v. Nettleton, 1 Moo. C. C. 
 259. 
 
 (sr) Sects. 69-73. Not applicable 
 to county court bailiff: E. v. Parsons, 
 16 Cox, C. C. 498. 
 
 (A) Sect. 74. 
 
 (0 Ibid. c. 97, s. 15. 
 
 O') E. v. Bartlett, 2 Deac. C. L. 
 1517. 
 
 (fc) E. v. Mackerel, 4 C. & P. 448. 
 
 (0 E. v. West, 2 D. C. L. 1518. 
 
 (m) E. v. Gray, L. & C. 365; 33 
 L. J. M. C. 78 ; 9 Cox, C. C. 417 ; 10 
 
 Machines. 
 
 Man- 
 slaughter. 
 
 Jur. N. S. 160 ; 9L. T.733; 12W.B. 
 350 ; E. v. Fidler, 4 C. & P. 449. 
 
 (n) E. v. Fisher, L. R 1 C. C. 7; 
 35 L. J. M. C. 57. 
 
 (o) 4 Black. 193. 
 
 (p) Arch. C. C., 19th ed., p. 678. 
 
 (3) 24 & 25 Viet. c. 97, s. 28. 
 
 (r) E. v. James, 8 C. & P. 131. 
 
 (s) E. v. Matthews, 14 Cox, C. C. 5. 
 
 (<) 24 & 25 Viet. c. 100, ss. 11-15. 
 
 (M) 3 Inst. 47. 
 
 (i?) 37 Geo. 3, c. 70, s. 1 ; 44 & 45 
 Viet. c. 58, s. 7. 
 
 (>) 37 Geo. 3, c. 123, s. 1 ; 52 
 Geo. 3, c. 104, s. 1. 
 
 (x) E. v. Burgess, L. & C. 258 ; 32 
 L. J. M. C. 55. 
 
 (y) E. v. Marks, 3 East, 157. 
 
 (z) 5 Geo, 4, c. 84, s. 22. 
 
 Mines. 
 
 Murder. 
 
 Mutiny. 
 Oaths. 
 
 Penal 
 servitude.
 
 90 
 
 EXECUTIVE OFFICERS. 
 
 Persona- 
 tion. 
 
 Piracy. 
 Poison. 
 
 Prison 
 breach. 
 
 Prisoner of 
 war. 
 
 Railway. 
 Rape. 
 
 Rescue. 
 Riot. 
 
 River- 
 banks. 
 
 Robbery. 
 Sacrilege. 
 Signals. 
 Silver. 
 
 Slaves. 
 Smug- 
 gling- 
 
 Stolen pro- 
 perty. 
 
 Personation at elections, of bail, owners of stock, soldiers, 
 sailors, &c., to obtain property (a). 
 
 Piracy (6). 
 
 Poison, administering with intent or so as to endanger (c). 
 
 Prison, breach of, or rescue, if for felony (d). 
 
 Prisoner of war, aiding to escape (e). 
 
 Railway, injuring with intent to obstruct, or endangering 
 safety of passengers (/). 
 
 Rape (g). 
 
 This must take place by force, and without consent, and if 
 the consent be through fear or duress it is void (h). So 
 also is it probably if obtained by fraud (f). There must be 
 penetration (y). 
 
 Rescue of a traitor or felon from custody (&), after con- 
 viction (Z). 
 
 Riot (m), or opposing making of proclamation. 
 
 There must be some sort of resistance to lawful autho- 
 rity (w). 
 
 River- or sea-banks, interfering with, or opening sluices (o). 
 
 Robbery by person armed, or by two or more (p). 
 
 Sacrilege, or attempt (5). 
 
 The vestry is part of the church for this purpose (r). 
 
 Signals, altering (a). 
 
 Silver coin, impairing, colouring to represent, counterfeiting, 
 or dealing in counterfeit (<). 
 
 Slave trade offences (u). 
 
 Smuggling, shooting at vessels of Her Majesty, six or more 
 together, three or more armed and assembled, two or more armed 
 or disguised, wounding officers (v). 
 
 The shooting must be malicious. Firing on a pursuing 
 revenue vessel sailing without proper ensign is not (w) within 
 the section. 
 
 Stolen property, receiving or taking reward to help to (x). 
 
 (0) 2 & 3 Will. 4, c. 53, s. 49 ; 
 24 & 25 Viet. c. 98, as. 3, 34 ; 28 & 29 
 Viet c. 124, s. 8; 30 & 31 Viet. c. 
 131, s. 35 ; 33 & 34 Viet. c. 58, s. 4 ; 
 37 & 38 Viet. c. 36, s. 1 ; 46 & 47 
 Viet. 51, s. 6. 
 
 (6) 7 Will. 4, and 1 Viet. c. 88. 
 
 (c) 24 & 25 Viet. c. 100, s. 11. 
 
 (d) 1 Hale, 612; 1 & 2 Geo. 4, 
 c. 88, s. 1. 
 
 (e) 16 Geo. 2, c. 31. 
 
 (/) 24 & 25 Viet. c. 97, s. 35. 
 (g) 24 & 25 Viet. c. 100, s. 48. 
 (7i) 1 Hawk. c. 41, s. 6. 
 
 (1) B. v. Barrow, 1 L. K. 1 C. C. 
 156 ; 38 L. J. M C. 20 ; B. v. Flat- 
 tery, 2 Q. B. D. 410 ; 46 L. J. M. C. 
 130. 
 
 (J) B. v. Hill, 1 East, P. C. 439. 
 
 (fc) 1 Hale, 607 ; 1 Geo. 4, c. 88, 
 s. 1. 
 
 (I) 2 Hawk. c. 21, s. 8. 
 
 (m) 1 Geo. 1, stat. 2, c. 5, prosecu- 
 tion must be within twelve months. 
 
 (n) B. v. Hunt, 1 Cox, C. C. 177 ; 
 B. v. Atkinson, 11 ib. 330. 
 
 (o) 24 & 25 Viet. c. 97, s. 30. 
 
 (V) 24 & 25 Viet. c. 96, SB. 40-43. 
 
 (g) Seet. 50. 
 
 (r) B. v. Evans, C. & M. 298. 
 
 (s) 24 & 25 Viet. c. 97, s. 47. 
 
 (0 24 & 25 Viet. c. 99, SB. 2-4. 
 
 (u) 5 Geo. 4, c. 113 ; 36 & 37 Viet. 
 c. 88. 
 
 (p) 39 & 40 Viet. c. 36, s. 193. 
 
 (M?) B. v. Reynolds, R. & R. 465. 
 
 (z) 24 & 25 Viet. c. 96, ss. 91, 100.
 
 INHERENT POWERS. 
 
 91 
 
 The principal offender need not have been indicted (j/), and 
 the receipt need not be direct from the thief (z). 
 
 Stores, public, obliterating marks (a). 
 
 Threatening letter, sending, or extorting by (&). 
 
 Treason or treason-felony (c). 
 
 Trees, destroying (d). 
 
 Unnatural crime, or attempt (e). 
 
 The evidence is as in rape, but (1) it is not necessary to 
 negative consent, arid (2) both parties if patient do consent are 
 equally guilty (/), except the patient, if a boy, be under 
 fourteen, or if a girl, under twelve (<jr). It may be committed 
 with animals, and this includes a domestic fowl (A). 
 
 Vessels, injuring by explosion or otherwise (i). 
 
 Wreck, impeding escape from, or interfering with (/). 
 
 There are a number of statutes which authorize constables to 
 arrest offenders provided they are "found committing" any 
 offence against those Acts by such constable. These, therefore, 
 like felonies, form a class, which will be conveniently arranged in 
 alphabetical order. 
 
 With regard to what is the meaning of this term, it appears 
 that the words " found committing " must be construed 
 strictly (&). An arrest cannot take place a little time after- 
 wards (/), much less after an interval of two or three hours (m). 
 But an offence may be being committed at a place other 
 than that of its inception, as in the case of a thief still in 
 possession of property recently stolen. In such case he is found 
 committing (n). 
 
 Hawking cards without licence (o). 
 
 Counterfeiting foreign coin other than gold or silver (p). 
 
 Exporting counterfeit coin (5). 
 
 Possessing three or more pieces of counterfeit coin (r), or more 
 than five pieces of foreign counterfeit with intent (). 
 
 Uttering counterfeit gold or silver (i), or uttering, accompanied 
 by possession of other counterfeit coin, or followed by a second 
 
 (j) 24 & 25 Viet. c. 100, s. 17. 
 
 (&) E. v. Phelps, C. & M. 180; 1 
 Russ. Cr. 715. 
 
 (I) Simmons v. MilJigen, 2 C. B. 
 524 ; 10 Jur. 224; 15 L. J. C. P. 102. 
 
 (m) Downing v. Capel, 36 L. J. 
 M. C. 97 ; L. B. 2 C. P. 461 ; 16 L. T. 
 323; Leete v. Hart, 37 L. J. C. P. 
 157 ; L. R. 3 C. P. 322 ; 32 J. P. 407. 
 
 (n) Griffiths v. Taylor, L. R. 2 
 C. P. D. 194 ; 25 W. R. 196. 
 
 (o) 25 & 26 Viet. c. 22, s. 31. 
 
 (p) 24 & 25 Viet. c. 99, s. 22. 
 
 (q) Sect. 8. 
 
 (r) Sect. 11. 
 
 (*) Sect. 23, and see E. v. Owen, 
 53 J. P. 822. 
 
 (t) Sect. 9. 
 
 (y) E. v. Jerms, 9 C. & P. 156 ; E. 
 v. Pulham, ib. 280. 
 
 (z) E. v. Reunion, L. R. 1 C. C. 31 ; 
 35 L. J. M. C. 171 ; 12 Jur. N. S. 
 476 ; 14 L. T. 449 ; 14 W. R. 663. 
 
 () 38 & 39 Viet. c. 25, s. 5. 
 
 (6) 24 & 25 Viet. | c. 100, s. 16; 
 24 & 25 Viet. c. 96, ss. 47-50. See 
 cases under " Crime," supra. 
 
 (c) 25 Edw, 3, stat. 5, c. 2 ; 11 & 12 
 Viet. c. 12, s. 3. Treason must be 
 prosecuted within three years, unless 
 against the person of the sovereign. 
 
 (d) 24 & 25 Viet. c. 96, ss. 32, 33. 
 
 (e) 24 & 25 Viet. c. 100, s. 61. 
 (/) E. v. Wiseman, Fort. 91. 
 (flr) 1 Hale, 670 ; 3 Inst. 59. 
 
 (/O E. v. Brown, 24 Q. B. D. 357. 
 (0 24 & 25 Viet. c. 97, ss. 45, 46. 
 
 Stores. 
 
 Threaten- 
 ing letter. 
 
 Treason. 
 
 Trees. 
 
 Unnatural 
 
 Vessels. 
 Wreck. 
 
 Found, 
 committing. 
 
 Cards. 
 Coin.
 
 92 
 
 EXECUTIVE OFFICERS. 
 
 Contagious 
 diseases. 
 
 uttering (it), or uttering foreign medals, &c., with intent (v), or 
 foreign counterfeit gold or silver (?) or base copper coin (a;). 
 
 There need be no impression (y), and genuine money which 
 has been filed is within the section (z). " Ringing the changes " 
 is an uttering (a), but it is doubtful whether it is so in the case 
 of money given in charity (6). 
 
 Defacing coin by stamping words thereon (c). 
 
 Tendering such defaced coin (d). 
 
 It need not be accepted to complete the offence (e). 
 
 Arrest under the Contagious Diseases Act extends also to the 
 case of persons reasonably suspected (/) of being engaged in 
 committing an offence, and is only to be exercised on the refusal 
 of the party to give his name and address (</). 
 
 The offences are : 
 
 Contravention of Act, Order of Council, or regulation of local 
 authority. 
 
 Failing to keep diseased animal separate, or to give notice to 
 the police (A). 
 
 The person must be aware of the fact that the animal is 
 diseased ('). 
 
 Failing to give, produce, observe, or do any notice, licence, 
 rule or thing required by the Act, or order or regulation, doing 
 anything unlawful or omitting where omission is unlawful 
 under the Act, refusing admission to officer when entitled 
 to enter, or obstructing or impeding or throwing carcase of 
 any diseased animal into river or sea within three miles of 
 shore (j). 
 
 Using expired or blank licence or falsifying, fraudulently 
 attempting to obtain compensation from Privy Council or local 
 authority for slaughtered animal, or aiding or abetting, digging 
 up carcase buried by order, or using prohibited vehicles (&). 
 Explosives. Power to arrest under the Explosives Act is also conferred on 
 officers of the local authority (I). Constables may remove from 
 licensed factories unauthoiized persons (TO). 
 
 The offences are : 
 
 Manufacture at or keeping at unauthorized place (). 
 Carrying on factory contrary to licence except using, in case 
 
 () Sect. 10. 
 
 (t>) Sect. 13. 
 
 (w) Sect. 20. 
 
 (x) Sect. 15. 
 
 (w) R. v. Welsh, 1 East, P. C. 87, 
 161 ; 1 Leach, C. C. 364 ; JR. v. Wil- 
 son, ib. 285. 
 
 (z) R. v. Herrmann, 4 Q. B. D. 
 284; 48 L. J. M. C. 106; 14 Cox, 
 C. C. 279 ; 27 W. E. 475 ; 40 L. T. 
 263 ; 43 J. P. 398. 
 
 (a) E. v. Franks, 2 Leach, 736. 
 
 (b) R. v. Page, 8 C. & P. 122 ; R. 
 v. , 1 Cox, 250, and see R. v. I<m, 
 
 2 Den. C. C. 484. 
 
 (c) 24 & 25 Viet. c. 99, s. 16. 
 
 (<i) Sect. 17. 
 
 (e) R. v. Radford, I Den. 59 ; R. v. 
 John, 2 ib. 495 ; 21 L. J. M. C. 166. 
 
 (/) See ante, p. 82. 
 
 (j7) 41 & 42 Viet. c. 74, s. 50. 
 
 (A) Sect. 61. 
 
 rt) Nicols v. Hall, 8 C. P. 322. 
 
 (j) Sect. 50. 
 
 (k) Sect. 62. 
 
 (?) 38 & 39 Viet. c. 17, s. 78. 
 
 (m) Sect. 77. 
 
 (n) Sects. 4 and 5.
 
 INHERENT POWERS. 93 
 
 of emergency or temporarily, one part of a building for another 
 process of manufacture (o). 
 
 Factory to be kept for that purpose only, fittings of danger 
 buildings to be covered, lightning conductors provided unless 
 considered unnecessary, taking articles liable to spontaneous 
 ignition into danger, except for immediate use, repairs not to be 
 done in danger building until room cleansed, notice outside 
 danger building of quantity of ingredients allowed and copy of 
 rules ; tools to be wood or copper, and covered, suitable working 
 clothes to be provided, no smoking, except in part allowed, 
 vehicles for conveyance to have no exposed iron or steel, person 
 under sixteen not to be employed except under supervision of 
 adult, ingredients when process complete to be removed to 
 magazine and to be sifted before use (p). 
 
 Stores. Provisions of Order in Council to be observed, amount 
 not to exceed that on licence, stores to be kept for that purpose 
 only, fittings of danger buildings to be covered, lightning con- 
 ductors except store less than 1000 Ibs., repairs not to be done 
 in danger building until room cleansed, tools to be wood or 
 copper and covered, suitable working clothes to be provided, no 
 smoking except in part allowed, person under sixteen not to be 
 employed except under supervision of adult (q).^ 
 
 Retail. To be in house or safe, latter to be safe distance 
 from highway, amount, detached safe 200 Ibs., in dwelling- 
 house 50 Ibs., in safe in dwelling-houso 100 Ibs., explosive 
 articles not to be kept in or near safe, no exposed iron or steel 
 in interior of receptacle, or more than one pound to be in case 
 or bag (r). 
 
 All precautions to be taken to prevent fire or explosion and 
 unauthorized pei sons having access (rr). 
 
 Hawking on highway (s). 
 
 Selling to children under thirteen (<). 
 
 Sale to be in closed packages, labelled (u). 
 
 Packing and Conveyance. Not exceeding five pounds in case, 
 over five pounds, if single, box to be approved, if double, inner 
 to be a case approved, interior to be free from grit, not used for 
 any other purpose, no iron or steel unless covered, not to exceed 
 100 Ibs., to be branded (v). 
 
 Manufacturing prohibited articles (w). 
 
 Gunmakers. In filling room not more than five pounds, except 
 in safety cartridges, no other work to be carried on, no fire or 
 artificial light unless protected, room to be detached from maga- 
 zine, notice of intention to use as filling room (x). 
 
 Mines and Quarries. Not more than prescribed amount, no 
 
 (o) Sect. 9. (0 Sect. 31. 
 
 ( p) Sect. 10. (u) Sect. 32. 
 
 (g) Sect. 17. (t>) Sect. 33. 
 
 (r) Sect. 22. (w) Sect. 43. 
 
 (rr) Sect. 23. (a;) Sect. 46. 
 (8) Sect. 30.
 
 94 
 
 EXECUTIVE OFFICERS. 
 
 Gaming. 
 Hawkers. 
 
 Highways. 
 
 Indecent 
 advertise- 
 ments. 
 
 Industrial 
 schools. 
 
 Larceny. 
 
 other work to be carried on, room to be detached from magazine, 
 one kind not to be made into another nor resolved into its in- 
 gredients, notice of intention to use as filling room (y). 
 
 Failing to admit Government inspector (z), or to give notice 
 of dangerous practices (a), or of accidents (&). 
 
 Keconstructing biiildings destroyed by accident without con- 
 sent of Secretary of State (c). 
 
 Obstructing officers of local authority (d). 
 
 Throwing fireworks in public thoroughfares (e). 
 
 Forging licences ("/). 
 
 Defacing notices (g). 
 
 Persons agreeing to pay money or deliver goods on the event 
 of a game or lottery may be apprehended (A). 
 
 So also may hawkers without licence, or not producing 
 licence (i). 
 
 A. travelling auctioneer is within the Act (/). 
 
 As to highways, see post (&). 
 
 As to indecent advertisements, the offences are : 
 
 Affixing to or ins -ribing on any house, &c, or delivering or 
 attempting to deliver, or exhibiting to any inhabitant any 
 picture or printed or written matter of an indecent or obscene 
 nature (7), or pr touring others to do so (m). 
 
 Under the Industrial Schools Act children apparently under 
 fourteen may be arrested for begging, wandering, being desti- 
 tute, or frequenting the company of reputed thieves (n). Also 
 children escaping from such school (o). 
 
 The Larceny Act (p) is extended to naval (^) and public 
 stores (r). The offences are : 
 
 Larceny after a previous conviction for felony (s), or indict- 
 able misdemeanour (<). 
 
 Inducing to execute a deed by fraud (). 
 
 Dog-stealing (p), or possession of stolen dogs (tc), or taking 
 money to restore (a;). 
 
 Embezzlement by agents (#), bankers, attorneys, &c. (z). 
 
 Trust money paid off from a mortgage, and in the hands of a 
 
 (/) Sect. 47. 
 (z) Sect. 55. 
 (a) Sect. 56. 
 (6) Sect. 63. 
 
 (c) Sect. 64. 
 
 (d) Sect. 69. 
 
 (e) Sect. 80. 
 (/) Sect. 81. 
 (g) Sect. 82. 
 
 (ft) 42 Geo. 3, c. 119, s. 6. 
 
 (i) 51 & 52 Viet. c. 33, s. 6. 
 
 ( /) Hudson v. Shooter, 55 J. P. 
 325. 
 
 (fc) Page 134, and BacJi v. Holmes, 
 57 L. J. M. C. 37 ; 16 Cox, C. C. 263 ; 
 56 L. T. 713 ; 51 J. P. 693. 
 
 (0 52 & 53 Viet. c. 18, s. 3. 
 (m) Sect. 4. 
 
 (n) 29 & 30 Viet. c. 118, s. 14. 
 (o) Sect. 33. 
 (p) 24 & 25 Viet. c. 96. 
 (3) 32 & 33 Viet. c. 12, a. 10. 
 (r) 38 & 39 Viet. c. 25, u. 12. 
 () 24 & 25 Viet. c. 96, s. 7. 
 (0 Sect. 8. 
 () Sect. 90. 
 (t>) Sect. 18. 
 (w) Sect. 19. 
 (a;) Sect. 20. 
 
 (y) Sect. 75, see B. v. Bowermnn, 
 39 W. K. 207 ; 55 J. P. 373. 
 (z) Sect. 76.
 
 INHERENT POWERS. 
 
 95 
 
 solicitor is within the section (a), but money simply lent for 
 investment is not (&). 
 
 By factors (c), trustees (d), directors (e), directors keeping 
 fraudulent accounts (/), destroying books (g), or publishing 
 fraudulent statements (h). 
 
 Setting engines for deer (f). 
 
 Obtaining money, chattels, or security by false pre- 
 tences (y). 
 
 This includes a trail way ticket (&), and an order on tlie 
 treasurer of a burial society (Z), but not a dog (jn). The goods 
 need not be in existence at the time if they are subsequently 
 delivered (). 
 
 Stealing fences (o). 
 
 Taking fish in land belonging to dwelling-house, other than 
 angling in the daytime (p). 
 
 Stealing fruit (q). 
 
 Killing hares, &c., in warren (r~). 
 
 Stealing oysters from beds (s). 
 
 Shipwrecked goods, in possession without satisfactory ac- 
 count (2) -offering for sale (w). 
 
 Simple larceny (V). 
 
 This includes "ringing the changes " (w). 
 
 Stealing domestic animals or birds (a;), or found in possession 
 without satisfactory account (T/). 
 
 Tree stealing (z). 
 
 Stealing vegetables (a). 
 
 Found in possession of venison without giving satisfactory 
 account (&). 
 
 Found in possession of wood similarly (c). 
 
 Receiving any of the above (d). 
 
 As to offences against the Malicious Injury to Property Act, Malicious 
 the damage done must be more than nominal, and done with injury to 
 
 property. 
 
 (m) R. v. Robinson, 28 L. J. M. C. 
 58. 
 
 () R. v. Martin, 1 C. C. E. 56; 
 36 L. J. M. C. 20 ; 10 Cox, C. C. 383 ; 
 15 W. E. 358 ; 15 L. T. 54. 
 
 (o) 24 & 25 Viet. c. 96, s. 34. 
 
 (#) Sect. 24. 
 
 (q) Sect. 36. 
 
 (r) Sect. 17. 
 
 (s) Sect. 26. 
 
 (0 Sect. 65. 
 
 (w) Sect. 66. 
 
 (0) Sect. 4. 
 
 (w) R. v. Hollis, 12 Q. B. D. 25. 
 
 (z) Sect. 21. 
 
 (y) Sect. 22. 
 
 (z) Sect. 33. 
 
 (a) Sect. 37. 
 
 (6) Sect. 14. 
 
 (c) Sect. 35. 
 
 (d) Sect. 95. 
 
 (a) R. v. Fullagar, 14 Cox, C. C. 
 370 ; 41 L. T. 448 ; 44 J. P. 57. 
 
 (6) E. v. Newman, 8 Q. B. D. 706 ; 
 51 L. J. M. C. 87 ; 46 L. T. 394; 20 
 W. E. 550 ; 46 J. P. 612. Cf. R. v. 
 Christian, L. E. 2 C. C. 94 ; 43 L. J. 
 M. C. 1; 24 L. T. 654; 22 W. E. 
 132; 12 Cox, 502. 
 
 (c) Sect. 78. 
 
 (d) Sect. 80. 
 
 (e) Sect. 81. 
 (/) Sect. 82. 
 (g) Sect. 83. 
 (/O Sect. 84. 
 (t) Sect. 15. 
 ( j) Sect. 88. 
 
 (*) E. v. Boulton, 1 Den. C. C. 
 508 ; 19 L. J. M. C. 67 ; 3 Cox, C. C. 
 576; 13 Jur. 1034. 
 
 (Z) R. v. Greenhalgh, 1 D. C. C. 
 267 ; 6 Cox, C. C. 257.
 
 96 EXECUTIVE OFFICERS. 
 
 intent to damage (e). A trespass can only be wilful and 
 malicious when it is committed by a person who knows he has 
 no pretence of right to enter the land (/), and does not extend 
 to playing bowls on the turf (</), nor placing poisoned flesh on 
 inclosed land (1i). 
 
 The offences are : 
 
 Killing or maiming animals (i). 
 
 Rioters injuring buildings (/). 
 
 Destroying dams (k) or fences (I). 
 
 Poisoning fish (m). 
 
 Destroying fruit in gardens (w) or elsewhere (o). 
 
 Making gunpowder with intent (jp). 
 
 Injuring telegraphs (q) or attempts (r). 
 
 Injury by tenants (). 
 
 Obstructing trains (<). 
 
 Changing a signal (M) or stopping by holding up one's arms 
 is within the section (0). 
 
 Damaging trees (w). 
 
 Destroying vegetables in gardens (x) or elsewhere (?/). 
 
 Destroying works of art (z). 
 
 Any damage over 5 (a). 
 
 Aiding or abetting any of these (&). 
 
 Night Anyone may apprehend persons found committing indictable 
 
 offences. o flences (c) in the night time (d). 
 Vagrants. The ofiences under the Vagrant Act (e) are : 
 
 Begging or causing children to do so (/). 
 
 The section does not apply to persons unless their habit and 
 mode of life is to wander abroad and beg (<;), nor to discharged 
 
 (e) Eley v. Lythe, 50 J. P. 308 ; R. () Sect. 13. 
 
 v. Pembliton, L. R. 2 C. C. 119 ; 43 (t) Sect. 36. 
 
 L. J. M. C. 912 ; see R. v. Welch, 1 (w) R. v. Had field, 39 L. J. M. C. 
 
 Q. B. D. 23 ; 45 L. J. M. C. 17, and 131 ; L. R. 1 C. C. 253 ; 33 J. P. 
 
 Hall v. Richardson, 54 J. P. 345 ; 6 548 ; 18 W. R. 955 ; 22 L. T. 664. 
 
 T. L. R. 91. O) R. v. Hardy, 40 L. J. M. C. 
 
 (/) Looker v. Halcomb, 4 Bing. 62; L. R. 1 C. C. 278; 11 Cox, C. C. 
 
 183; 12 Moo. 416; Usher v. Lux- 656; 19 W. R. 359; 35 J. P. 198; 23 
 
 more, 62 L. T. 110; 38 W. R. 254; L. T. 785. 
 
 54 J. P. 405. (to) Sect. 22. 
 
 (3) Laws v. Eltringham, 51 L. J. (x) Sect. 23. 
 
 M. C. 13 ; 8 Q. B. D. 283 ; 46 L. T. (y) Sect. 24. 
 
 64. (z) Sect. 39. 
 
 (/O Daniel v. James, 2 C. P. D. (a) Sect. 51. 
 
 351. (6) Sect. 63. 
 
 (t) 24 & 25 Viet. c. 97, s. 41. (c) See ante, p. 48. 
 
 (./) Sect. 12. (d) 9 P.M. to 6 A.M. : 14 & 15 Viet. 
 
 (fc) Sect. 32. c. 19, s. 11. 
 
 (0 Sect. 25. (e) 5 Geo. 4, c. 83. 
 
 (m) Sect. 32. (/) Sect. 3. 
 
 (n) Sect. 23. (g) Pointon v. Hill, 12 Q. B. D. 
 
 (o) Sect. 24. 306 ; 53 L. J. M. C. 62 ; 50 L. T. 
 
 (p) Sect. 54. 268: 32 W. R. 478; 48 J. P. 341; 
 
 (?) Sect. 37. 15 Cox, 461. 
 
 (r) Sect. 38.
 
 INHERENT POWERS. 97 
 
 soldiers and sailors en route to their homes or their wives, pro- 
 vided with certificate of settlement Qi). 
 
 Exposing person indecently to insult female. 
 
 Exposing wounds for alms, or fraudulently collecting the 
 same. 
 
 Fortune-telling or other deception (i). 
 
 This extends to " spirit-rapping" (y) and astrology Qi). 
 
 Found OD enclosed premises for unlawful purpose (f). 
 
 The purpose must be ciiminal, not merely immoral (m). It 
 applies if the person is seen in the house but gets out and 
 is taken on fresh pursuit, although he was not seen getting 
 out of the house, but was found concealed on other premises 
 near (n). 
 
 In possession of burglarious instruments or any weapon with 
 intent (o). 
 
 Not maintaining family (^>). 
 
 This does not apply in case of desertion by wife (5) or if 
 there be an offer to support (r). 
 
 Obscene pictures, shewing in streets or shops. 
 
 Pedlars unlicensed. 
 
 Prostitutes misbehaving in streets, &c. (). 
 
 Playing or betting in street or public place with tables, coins, 
 cai ds, tokens, &c. (f). 
 
 Depositing money with a betting agent is not within the 
 section (u). 
 
 A railway carriage is a public place (v), and so is a place to 
 which the public have access, though not of right (M/). 
 
 A pari mutuel is an instrument of gaming (a?). 
 
 Returning to parish after removal by order of justices (?/). 
 
 Suspected person or reputed thief frequenting wharves, high- 
 ways, and places of public resort with intent (z). 
 
 (h~) 43 Geo. 3, c. 61. 00 Flannaganv. Bishopwear mouth, 
 
 (i) 5 Gc o. 4, c. 83, s. 4. 27 L. J. M. C. 46 ; 8 E. & B. 451 ; 
 
 O 1 ) Monckv. Hilton, L. K. 2 Ex. D. 3 Jur. N. S. 1103; 6 W. R. 38; 22 
 
 268; 46 L. J. M. C. 163; 36 L. T. J. P. 464. 
 
 66 ; 41 J. P. 214; 25 W. B. 373. (s) Sect. 3. 
 
 (fc) Penny v. Hanson, 18 Q. B. D. (0 36 & 37 Viet. c. 38. 
 
 478; 56 L. J. M. C. 41; 16 Cox, C C. (u) Hirst v. Molesbury, L. R. 6 
 
 173; 56 L. T. 235; 35 W. B. 379; Q. B. 130. 40 L. J. M. C. 76; 19 
 
 51 J. P. 167. W. B. 246; 35 J. P. 229; 23 L. T. 
 
 (0 Sect. 4. 555. 
 
 (m) Hayes v. Stevenson, 9 W. B. (r) Langrish v. Archer, 10 Q. B. D. 
 
 53 ; 3 L. T. 296 ; 24 J. P. 740. 44 ; 52 L. J. M. C. 47 ; 15 Cox, 194 ; 
 
 (n) B. v. Howarth, 1 Moo. C. C. 47 L. T. 548; 31 W. E. 183; 47 
 
 207. J. P. 295. 
 
 (o) Sect. 4. (w) Turnbull v. Appleton, 45 J. P. 
 
 (p) Sect. 3. 7 & 8 Viet. c. 100. s. 6, 469. 
 
 renders tin; mother liable in case of (x) Tollett v. Thomas, L. R. 6Q. B. 
 
 an illegitimate child. But arrest 514 ; 40 L. J. M. C. 209 ; 19 W. B. 
 
 without warrant is not valid in either 890 ; 35 J. P. 359 ; 24 L. T. 508. 
 
 case : Horley v. Rogers, 6 Jur. N. S. (y) Sect. 3. 
 
 605. 0) Scot. 4. 
 
 (7) E. v. Flinton, 1 B. & A. 227. 
 
 II
 
 98 
 
 EXECUTIVE OFFICERS. 
 
 The person must be seen more than once to be frequent- 
 ing (a). 
 
 A private house during a sale is a place of public resort (6), 
 and so is a railway platform (c), but a steamboat is not (d). 
 
 Wandering without visible means of subsistence and not 
 giving a good account of oneself (e). 
 
 Game. Three persons or more, any of such persons being armed, 
 
 entering land for the purpose of taking game or rabbits at 
 night miiy be arrested (/). 
 
 All the persons need not have entered the land (</). 
 
 Gardens in Persons throwing any rubbish into any public garden, or 
 
 towns. trespassing, or climbing the fences, or stealing or damaging 
 
 the flowers and plants, or committing any nuisance there, arc 
 
 liable to arrest (Ji) 
 
 Gun. So are persons carrying a gun, refusing to give name and 
 
 address when required (i). 
 
 Hue and A constable concurring in pursuit or hue and cry after an 
 
 cry. alleged felon is jxisfcified in arresting whether the party be 
 
 innocent or a felony be committed or not (y). 
 
 Indecent Indecent exposure in a public place (&). It is not necessary 
 
 exposure, that the place be open to the public (/), and they may even be 
 trespassers (m). But it must take place in the presence of more 
 than one person (n). An omnibus is a place (o), and so is a 
 urinal (p), and a booth at races (5), and bathing without cover- 
 ing is an offence (r). 
 
 Licensing. Persons on licensed premises during closing hours refusing 
 to give conect name and address may be arrested (s). 
 
 (o) Re Cross, 26 L. J. M. C. 28 ; 
 1 H. & N. 651; E. v. Clark, 14 
 Q. B. D. 92 ; 54 L. J. M. C. 66 ; 52 
 L. T. 136 ; 33 W. R. 226 ; 49 J. P. 246. 
 
 (b) Sewell v. Toy/or, 29 L. J. M. C. 
 50 ; 6 Jur. N. S. 502 ; 6 C. B. N. S. 
 160 ; 8 W. R. 26 ; 23 J. P. 792 ; 1 
 L. T. 37. 
 
 (c) Ex parte Davis. 26 L. J. M. C. 
 178 ; 21 J. P. 280 ; 5 W. R. 522. 
 
 (r/) 11. v. Taylor, 21 J. P. 488. 
 
 (<) Sect. 4. 
 
 (/) 9 Geo. 4, c. 69, s. 9. 
 
 (;/) 11. v. Whittaker, 17 L. J. M. C. 
 127; 11 L. T. 310; B. v. Vezzell, 20 
 L. J. M. C. 192 ; X. v. Wwtd, 25 ib. 
 96 ; ID. & B. C. C. 1. 
 
 (/*) 26 Viet. c. 13, s. 5. This Art 
 only applies where land is irrevocably 
 set flpnrt for public use ; Ttill; v. 
 Mi fri'juilifan Hoard of II 'or/;*. 8 B. & 
 S. 813 ; L. R. 3 Q B (JS2 : 37 L. J. 
 Q. B. 272; 32 J. P. 548; 16 W. 11. 
 985. 
 
 (0 33 A- 34 Viet. c. 57. s. 1). 
 
 (j) Hawk. P. C. !_>, e, 12. s. 1C: 
 
 and see 50 & 51 Viet. c. 55, s. 8. 
 
 (/;) See 14 \- 15 Viet. c. 100, s. 29. 
 
 (/) 11. v. lltaUmnn. L. A: C. 326; 
 33 L. J. M. C. 58 ; 9 Cox, C. C. 38S ; 
 9 L. T. 425; 12 W. R. 88. 
 
 (m) R. v. HVZ/anZ. 14 Q, B. D. 63; 
 54 L J. M. C. 11; 51 L. T. 604; 33 
 W. R. 156; 49 J. P. 296; 15 Cox, 
 C. C. 559. 
 
 (n) R. v. Webb, I Den. 338; 18 
 L. J. M. C. 39 ; 2 C. & K. 993 ; It. v. 
 Watson, 2 C..x, C. C. 376. But see 
 R. v. Elliott, L. & C. 103. As to 
 baths, see 41 & 42 Viet. c. 14, s. 11. 
 
 (o) R. v. Holmes, D. C. C. 207 ; 3 
 C. & R. 360; 6 Cox, C. C. 216; 22 
 L. J. M. C. 122 ; 17 Jur. 562. 
 
 O) R. v. Harris, L. R. 1 C. C. 
 282 ; 40 L. J. M. C. 67 ; 11 Cox, C. C. 
 659 ; 24 L. T. 74 ; 19 W. R. 360. 
 
 (9) R. v. Saunders, 1 Q. B. D. 1 ; 
 45 L. J. M. C. 11 ; 13 Cox. C. C. 116; 
 33 L. T. 677 ; 24 AV. R. H48. 
 
 (r) R. v Rctd. 1 L Cox, C. C. 689j 
 //. v. Crii ii'l> n. '1 Camp. Sit. 
 
 (.s) 35 \- :'.(J Vi--t. c. 94, s. -!:>.
 
 INHERENT POWERS. 99 
 
 Premises other than those under exceptional licences, if 
 situate in the metropolitan district (i.e. in the city or within 
 four miles of Charing Cross), must be closed on week days 
 (other than Saturdays) from 12.30 to 5.30 A.M. If beyond that 
 area, but in the metropolitan police district, or in a town or 
 place with a population of not less than 1000, determined to be 
 a populous place by the licensing committee, from 11 P.M. to 
 6 A.M. Elsewhere from 10 P.M. to 6 A.M. 
 
 On Saturday and Sunday 
 
 In the met. dist. from 12 Sat. night to 1 P.M. Sun. 
 11 Sun. 5 A.M. Mon. 
 
 l " " S*t- * 
 pace J " 10Slm ' " 6*- 
 
 Elsewhere . 10 Sat. 12.30 P.M. Sun. 
 . 10 Sun. 6 A.M. Mon. 
 
 Sunday met. dist. 3.0, elsewhere 2.30 to 6 P.M. 
 
 There may be a sale to persons lodging in the house or in 
 case of railway-stations to persons arriving or departing by 
 train, and to bond fide travellers (?). 
 
 Persons misconducting themselves in public-houses may also 
 be arrested (u). 
 
 Persons damaging or extinguishing street lamps are also Lighting, 
 liable (v). 
 
 Lunatics wandering may be apprehended (IP) and taken to Lunatics, 
 the workhouse (x). 
 
 Merchant seamen deserting are liable to arrest (y). Merchant 
 
 So also are pedlars refusing to produce certificate, or to permit seamen, 
 inspection of pack (z). Pedlar. 
 
 Commercial travellers, vendors of books authorized by pub- 
 lishers, sellers of articles of food and for charitable purposes are 
 not within the Act (a). 
 
 Casual paupers may be removed from the ward to the work- Poor, 
 house (6). 
 
 Persons leaving without authority or escaping from ships Quaran- 
 liable to quarantine may be arrested (&&). tine - 
 
 Where a constable arrests a person on a. reasonable charge Reasonable 
 preferred by another person he is linger no liability for so doing charge, 
 if he act purely ministerially. The liability (if any) rests 
 with the party so giving in charge (c). 
 
 (i) 37 & 38 Viet. c. 49, ss. 3, 10. 302 ; 21 W. R. 737; 37 J. P. 679; 
 
 (M) 35 & 36 Viet. c. 94, s. 18 ; 28 L. T. 555. 
 
 Howell v. Jackson, 6 C. & P. 723; (6) See post, p. 133. 
 
 and see 37 & 38 Viet. c. 49, s. 17. (bb) 6 Goo. 4, c. 78, s. 19. 
 
 (0) 3 & 4 Will. 4, c. 90, s. 55. (c) Flewster v. Royle, 1 Camp. 
 
 (IP) 53 & 54 Viet. c. 5, ss. 15, 20. 188 ; Glynn v. Houston, 2 M. & G. 
 
 (*) 48 & 49 Viet. c. 52, s. 2. 337 ; 2 Sc. N. R. 554 ; 2 Jur. 125; 
 
 (/) 17 & 18 Viet. c. 104, s. 246. and see Crcanh v. Gamble, 24 L. R. 
 
 (z) 34 & 35 Viet. c. 96, s. 18. Ir. 458 ; Hogg v. Ward, 3 H. & N. 
 
 (a) R. v. HoilgkiHtoii. in B. & C. 417; and cf'.'Grinliam v. WiUey, 28 
 
 74; 5 M. & R. 162; Gregg v. Smith, L. J. Ex. 242; 4 H. & N. 496; 5 
 
 42 L. J. M. C. 121; L.'l't. 8 Q. B. Jur. 441. 
 
 H 2
 
 100 
 
 EXECUTIVE OFFICERS. 
 
 Reforma- 
 tory 
 chool. 
 
 Rescue. 
 Rout. 
 
 Swearing. 
 
 Offenders escaping from a reformatory school are liable to 
 arrebt (d). 
 
 And so are persons who rescue or attempt to rescue persons 
 from custody or who obstruct officers (e\ 
 
 A rout is a breach of the peace. It is a meeting of ] ersons, 
 three or more, upon a purpose which if executed would make 
 them rioters, and which they actually make a motion to exe- 
 cute (/). 
 
 Constables may arrest any unknown person taking a profane 
 oath in their hearing (0). 
 
 Canals and 
 rivers. 
 
 Canals and Rivers. 
 
 These officers may arrest disorderly persons, night loiterers, 
 and persons suspected of having committed or being about to 
 commit offences against the Act (Ji). 
 
 Persons found committing (i) offences may be arrested by 
 any constable (_;'). 
 
 The offences are : 
 
 Assaulting constables on duty (&). 
 
 Injuring contents of packages (Z). 
 
 Possessing instruments, &c., for carrying away liquor, &c. (m). 
 
 Stolen property offering in pawn (). 
 
 Metro- 
 politan. 
 
 Animals 
 shewn, 
 fed, shod, 
 or exer- 
 cised in 
 street. 
 
 On foot- 
 way. 
 
 Assembly 
 unlawful. 
 
 Metropolitan. 
 
 The following persons may be arrested in the Metropolitan 
 Police District. 
 
 Every person who shall, to the annoyance of the inhabitants 
 or passengers, expose for show or sale (except in market), or 
 feed animals, or shew any caravan containing animal, or public 
 entertainment, or shoe, &c., any animal (except in case of 
 accident), or clean, &c., or break or exercise any animal (o). 
 
 This does not apply to cattle turned out under the super- 
 vision of a boy ( p). 
 
 Or lead or ride any animal, or drive any carriage, &c., or 
 fasten horse, &c., on footway. 
 
 Persons taking part in open-air meetings (except for the 
 election of members) within a mile of Westminster Hall during 
 the sittings of, and with a view to intimidate Parliament or the 
 
 (W) 29 & 30 Viet. c. 117, s. 21. 
 (e) 48 & 49 Viet. c. 75, s. 2. 
 (/) 4 BLick. 146. See unlawful 
 assembly, ante, p. 79. 
 (j/) 19 Ge... 2, c. 21, s. 3. 
 (/) 3 & 4 Viet, c. 50, s. 10. 
 (i) Ante, p. 91. 
 (j) Sect. 11. 
 (k) Sect. 6. 
 (J) Sect. 8. 
 
 (m) Sect. 7. 
 
 (n) Sect. 12. 
 
 (o) 2 & 3 Viet. c. 47, s. 54. The 
 offences under this section must be 
 committed within view of the con- 
 stable in a thoroughfare or public 
 place. 
 
 (p) See Sherborn v. ITW/s, 32 L. J. 
 M. C. 179; 3 B. & S. 784; 11 W. R. 
 594 ; 27 J. P. r>6G ; 8 L. T. 274.
 
 INHERENT POWERS. 
 
 101 
 
 Courts of Law (5), or more than ten persons repairing to the 
 Queen or Parliament to prt sent a petition or address (r). 
 
 The public have no right to occupy Trafalgar Square for 
 meetings if prohibited by the Commist^iuners of Works (s). 
 
 Three or more persons betting (t). 
 
 In some cases arrest may take place for breach of bye-laws (). 
 
 Causing carriages to stand longer than necessary or thereby 
 causing obstructions (#), or cleaning or repairing (except in case 
 of accident). 
 
 Persons misbehaving in the driving of cattle or unlawfully 
 pelting or bunting them (tc). 
 
 Or damaging person or property and refusing to make 
 amends (a-), or property of the local authority (/). 
 
 Persons idle and disorderly (z). 
 
 These words must be construed strictly (a). 
 
 Suffering ferocious dogs to be at large, or causing them to 
 worry persons or animals (6). 
 
 Booths open in fairs between 11 P.M. and 6 A.M., the owners 
 or managers thereof (c), or when such fair has been declared 
 illegal. 
 
 Persons furiously riding or driving (d). 
 
 Persons damaging fences, or affixing placards thereto without 
 consent of owner, or damaging trees, shrubs, or seats (e). 
 
 Persons interfering with the operations of the fire brigade 
 may be removed (/). 
 
 Persons wantonly discharging fire-arms or throwing missiles 
 or making bonfires, or throwing fireworks, may be arrested (<j). 
 
 So also may persons selling, distributing or exhibiting inde- 
 cent prints, songs or exhibitions. 
 
 And those, except guards of the Poet Office, blowing or using 
 any noisy instrument to announce a show, or to hawk or sell 
 articles or obtain alms. 
 
 And persons unlawfully knocking at doors, ringing bells, or 
 extinguishing lamps. 
 
 Or rolling casks, &c., or carrying planks or ladders, &c., on 
 any footway. 
 
 Or using threatening or abusive or insulting words or beha- 
 vi ur (K). 
 
 Or unknown persons acting in parks in contravention of the 
 rules thereof. 
 
 (q) 57 Geo. 3, c. 19, B. 23 ; and see 
 28 & 29 Viet. c. 48, s. 18. 
 
 (r) 13 Car. 2, c. 5. 
 
 (s) Exparte Lewis, 21 Q. B. D. 191 ; 
 57 L. J. M. C. 108 ; 59 L. T. 338 ; 
 37 W. E. 13; 52 J. P. 773; B. v. 
 Graham, 16 Cox, C. C. 420. 
 
 (f) 30 & 31 Viet. c. 134, s. 23; see 
 48 & 49 Viet. c. 18. 
 
 (u) 54 & 55 Viet. c. 76, B. 16. 
 
 (r) 2 & 3 Viet. c. 47, s. 54. 
 
 (IP) Ibid. 
 
 (x) 2 & 3 Viet. c. 47, s. 62. 
 (y) 18 & 19 Viet. c. 12, s. 216. 
 (z) 2 & 3 Viet. c. 47, B. 58. 
 (a) Stocken v. Carter, 4 C. P. 477. 
 An. I see 10 Gto. 4, c. 44, s. 7. 
 (6) 2 & 3 Viet. c. 47, s. 54. 
 
 (c) Sect. 38. 
 
 (d) Ibid. 
 
 (e) Ibid. 
 
 (/) 28 & 29 Viet. c. 90, s. 12. 
 (g) 2 & 3 Viet. c. 47, s. 54. 
 (A) Ibid. 
 
 Betting. 
 
 Bye-laws. 
 Carriages 
 standing, 
 repairing. 
 
 Cattle, 
 
 negligent 
 
 driving. 
 
 Damage to 
 
 person or 
 
 property. 
 
 Disorderly 
 
 persons. 
 
 Ferocious 
 
 dog. 
 
 Fairs. 
 
 Furious 
 driving. 
 Fences, 
 damaging. 
 
 r 
 
 r ires. 
 
 Fire arms, 
 
 missiles, 
 
 IK. 
 
 Indecent 
 prints, 
 songs, or 
 exhibi- 
 tions. 
 Noisy 
 instru- 
 ments. 
 Knocking 
 at doors, 
 &c. 
 
 Ladders, 
 &c., on 
 fuotway. 
 Abusive 
 language. 
 Parks.
 
 102 
 
 EXECUTIVE OFFICERS. 
 
 Playing 
 
 games. 
 
 Poor. 
 
 Prostitute. 
 
 Public 
 stores. 
 
 Regula- 
 tions, dis- 
 obedience 
 to. 
 
 Riding on 
 shafts, &c. 
 
 River, 
 ships, on, 
 &c. 
 
 These rules are : 
 
 1. Driving vehicles not admitted, or when admitted otherwise 
 than according to rule. 
 
 2. Biding contrary to mle, or exercising or Iraining or riding 
 or driving furiously, or on road closed by notice in writing. 
 
 3. Drilling, playing games, practising gymnastics, or selling 
 or letting commodities other than according to rule. 
 
 4. Delivering addresses contraiy to rule. 
 
 5. Intoxicated person. 
 
 6. Walking on beds or enclosed grounds. 
 
 7. Fishing, bathing or skating not according to rule. 
 
 8. Dogs at large other than according to rule. 
 
 9. Destroying trees, seats, railings, or exhibiting advertise- 
 ments. 
 
 10. Indecency or profane language. 
 
 11. Discharging fire-arms, throwing missiles, or making bon- 
 fires or letting off fireworks. 
 
 12. Wilful interference with or annoyance of any other 
 person. 
 
 13. Worrying animals grazing or birds in water. 
 
 14. Entering and remaining between sunset and sunrise 
 except to pass along way kept open. 
 
 This Act applies to Hyde, St. James' and the Green Parks, 
 Kensington Gardens, Parliament Square Garden, Itegent and 
 Kennington Parks, Primrose Hill, Battersea and Greenwich 
 Parks, Kew Gardens Pleasure Grounds and Green, Hampton 
 Court Park, Gardens and Green ; Eichmond Park and Green, 
 and Bushey Park (f). 
 
 Persons playing games or making slides (j). 
 
 Destitute persons may be conducted to places of reception for 
 paupers (Jc). 
 
 Prostitutes soliciting may be apprehended (7). 
 
 Persons reasonably suspected of conveying stores stolen from 
 Her Majesty may be stopped, searched, and detained (TO). 
 
 Persons refusing to conform to regulations for traffic (), or 
 when specially approved by the Secretary of State, shall refuse 
 to regard the same, and to give name and address (o), are liable 
 to arrest. 
 
 So are persons riding on shafts, or not having proper control 
 of horses or other animals drawing (p). 
 
 Persons suspected of felony may be arrested on board ship by 
 a superintendent, inspector, or eerjeant (5) ; and any constable 
 may arrest any one unloading or throwing into the Thames any 
 rubbish or refuse, or on the shore thereof, or into the streams 
 
 (i) 35 & 36 Viet. c. 15, ss. 5, 7, 10. 
 Park-keepers have the same powers 
 as constables. Commons are iiiaiuiired 
 under lc;il Arts. 8ee ant?, p. 62. 
 
 (/) 2 & 3 Viet. c. 47, s. 54. 
 
 (A-) 28 & 29 Viet. c. 34, s. 7. 
 
 (0 2 & 3 Viet. c. 47, s. 54. 
 On) 38 & 39 Viet. c. 25, s. 6. 
 00 2 3 Viet. c. 47, s. 54. 
 (o) 30 & 31 Viet. e. 134, s. 12. 
 (p) 2 & 3 Viet. e. 47, s. 54. 
 (</) Sect. 34.
 
 INHERENT POWERS. 
 
 communicating therewith, or suffering offensive matter to flow 
 into the said river (r). 
 
 Unknown persons sweeping dirt into sewers (s), or interrupt- 
 ing workmen of the local authority (), may be arrested. 
 
 So also may persons reasonably suspected of having or con- 
 veying things stolen (). 
 
 This applies only to possession in the streets () ; but the 
 offender may be arrested subsequently on immediate pursuit not 
 in a street (it). 
 
 And unknown offenders against this Act (#), or persons found 
 committing any such offences (y). 
 
 The misdemeanours in this Act are 
 
 Breaking packages in order to spill contents (on river) (z). 
 
 Cutting ropes, cables, &c. (a). 
 
 Being drunk and disorderly (6). 
 
 Framing false bills of parcels (c). 
 
 Letting articles fall into river with intent (d).- 
 
 Piercing casks, opening packages (river) (e). 
 
 Possessing instruments for unlawfully earning away wine, 
 &c. (/). - 
 
 Receiving ships' stores from seamen (cf), 
 
 Persons arrested must be forthwith delivered into the custody 
 of the constable in charge of the nearest station (h). 
 
 Forthwith means with reasonable promptness (*). 
 
 Sewers, &c. 
 
 Stolen 
 goods. 
 
 Unknown 
 persons 
 and those 
 found com 
 milling. 
 
 Delivery at 
 stition. 
 
 County and Municipal. 
 
 The special powers of these officers are confined to the Cwntyand 
 arrest of idle and disorderly persons, disturbers of the public ***$& 
 
 (r) 27 & 28 Viet. c. US, s. 74. 
 
 (*) 18 & 19 Viet. c. 120, 88. 205, 
 229. 
 
 (0 Sect. 218. 
 
 00 2 & 3 Viet. c. 47, s. 66. 
 
 () Hadley v. Perks. L. R 1 Q. B. 
 444; 12 Jur. N. S. 662; 35 L. J. 
 M. C. 177; 14 \V. R. 730; 14 L. T. 
 325 ; 6 B. & S. 375. 
 
 (to) E. v. Fisher, 32 L. T. 22. 
 
 (x) Sect. 63, and see the offences 
 mentioned in s. 60, which consist of 
 shortly, cleansing articles, &c., in 
 street, throwing rubbish, beating 
 ma's (except door-mats before 8 A.M.), 
 tin-owing litter, &c., except sand in 
 frost or matter to prevent noise in 
 sickness, emptying soil, &c., between 
 6 A.M. and 8 P.M., keeping pig-styes 
 to the front of a street, occupiers not 
 rlciinsing footways, selling articles in 
 parks, &(-., t-xcept by consent of 
 authority, hanging go-ds over ways, 
 
 or setting up poles or awnings so as 
 to obstruct, leaving open vaults or 
 cellars dangerously or insufficiently 
 fenced. 
 
 (y) Sect. 66. 
 
 (z) Sect. 32. 
 
 (a) Sect. 27. 
 
 (6) Sect. 58. 
 
 (c) Sect. 29. 
 
 (d) Sect. 28. 
 
 (e) Sect. 31. 
 (/) Sect. HO. 
 (3) Sect. 26. 
 (h) Sect. 69. 
 
 (i) R. v. Ashton, I L. M. & P. 491 ; 
 19 L. J. M. C. 236 ; 14 Jur. 104:> ; 1 5 
 L. T. 2:>9; 15 J. P. 9; llaiwock v. 
 Somes, El. & El. 795 ; 28 L. J. M. C. 
 196 ; 8 Cox, C. C. 172 ; 7 W. R. -l'J2 ; 
 23 J. P. 662 ; C*t<n- \ ////< ////;//<*/<, 
 El. & El. S02; 28 L. J. M. C. '198; 
 8 Cox, C. C. 175; 7 W. R. 413; 23 
 J. P. 603.
 
 104 
 
 EXECUTIVE OFFICERS. 
 
 Animals, 
 &c., shewn, 
 fed, in 
 street. 
 
 Awning. 
 
 Carriages, 
 &c., stand- 
 ing. 
 
 Cattle 
 slaughter- 
 ing. 
 Dogs. 
 
 Driving. 
 
 Fire-arms. 
 
 Games. 
 
 Goods pro- 
 jecting on 
 footway. 
 
 Indecent 
 exposure 
 
 or publica- 
 tion. 
 
 peace, and persons reasonably suspected of intention to commit 
 felony (/). 
 
 Towns. 
 
 The Towns Police Clauses Act applies to all urban authorities 
 under the Public Health Act (&). 
 
 The powers of arrest here are 
 
 Persons shewing or selling (except in a market or fair) any 
 animal, or shoeing, farrying, cleaning, exercising, or turning 
 them loose, or shewing any public entertainment (/). 
 
 An auction caravan, for which the owner paid toll, is not 
 within the section (w). 
 
 Or placing any awning over a footway less than eight feet 
 from the ground. 
 
 Or allowing carriages, barrows, &c., to stand longer than 
 necessary, or thereby interrupting a crossing or footpa'h; or 
 repairing cairiages (except in case of accident) (). 
 
 This has been held only to apply to carriages, &c., and not to 
 persons (o). 
 
 Persons slaughtering cattle, except when over-driven, and 
 killing on the spot necessary (p). 
 
 Or allowing any unmuzzled ferocious dog to be at large, or 
 sets on any dog to worry any person or animal, <>r suffers it to 
 be at large believing it to be in a rabid state, or after a public 
 notice to confine dogs has been issued by a justice. 
 
 Or driving two or more carts, not fastened together at a less 
 distance than four feet between, or driving or riding furiously. 
 
 Or wantonly discharging fire-arms or fireworks, throwing 
 stones, or making bonfires. 
 
 Or flying kites or making slides. 
 
 Or allowing goods to project on footway so as to incommode 
 the passage thereof, or rolling any cask, &c., or carries any 
 ladder or timber on any footway except crossing the same, or 
 loading and unloading any carriage, or leaving any furniture, 
 &c., or stool, bench, or stall on any footway. 
 
 Or wilfully exposing the peison (3). 
 
 This must take place in the presence of more than one per- 
 son (r). 
 
 Or offering for sale or distribution or exhibiting any obscene 
 bojks, prints, &o., or using any profane or obscene language (*). 
 
 0') 45 & 46 Viet. c. 50, s. 193. See 
 19 & 20 Viet. c. 69, ss. 6, 31. And 
 as to parish constables, see 3 & 4 
 Will. 4, c. 90, s. 41. 
 
 (fr) 38 & 39 Viet. e. 55, s. 171. 
 
 (0 10 & 11 Viet. c. 89, s. 28. The 
 offences under this section must be 
 committed in a street, to the obstruc- 
 tion, aim pyance, or danger of the 
 residents or passengers, and within 
 view of the constable ; and see Sher~ 
 
 born v. Wrlh, ante, p. 100. 
 
 (m) Ball v. Ward, 33 L. T. 170; 
 40 J. P. '213. 
 
 (n) 10 & 11 Viet, c. 89, s. 28. 
 
 (o) B. v. Long, 59 L. T. 33; 52 
 J. P. 308 ; 4 Ti. Kep. 584 ; E. v. Wil- 
 liams, 55 J. P. 406. 
 
 (p) 10 & 11 Viet. c. 89, s. 28. 
 
 (3) Ibid. 
 
 (r) R. \. Webb, 18 L. J. M. C. 39. 
 
 () 10 & 11 Viet. c. 89,8. 28.
 
 INHERENT POWERS. 
 
 105 
 
 Or wilfully disturbing any inhabitant by ringing bells, 
 knocking at doors, or unlawfully extinguishing the light of any 
 lamp. 
 
 Being instructed to deliver papers is no sufficient answer to 
 a disturbance l>y ringing bells (t). 
 
 Or placing any line across a street, or hanging clothes thereon. 
 
 Or beating carpets or mats (except door-mats before 8 A.M.). 
 
 Or throwing or allowing to run into any street any offensive 
 matter, except the laying of sand in frost or litter in sickness, 
 if removed when the occasion ceases (). 
 
 Or keeping pigstye open to any street, &c., so as to be a 
 nuisance. 
 
 Or leaving any pit, cellar, or vault unfenced (). 
 
 In Birmingham, Bristol, Leeds, Liverpool, and Manchester, 
 constables may conduct destitute persons to asylums for relief (w~). 
 
 Prostitutes soliciting are liable to arrest (a;). 
 
 So also are persons having charge of carriages riding on shafts, 
 or not having proper control, or not keeping near side, or passing 
 on off-side, or not allowing free passage, or riding or driving on 
 any footway, or fastening animals across the same. 
 
 Or throwing rubbish from roof, except snow thrown so as not 
 to fall on persons. 
 
 Or working any timber, stones, Jime, &c., or drawing any 
 timber or iron without sufficient means for guiding the same. 
 
 Or placing heavy articles in upper windows not sufficiently 
 guarded. 
 
 Or allowing servant to stand on sill of window for cleaning 
 same, unless in basement story. 
 
 And persons found committing (y) offences punishable on 
 indictment, or as a misdemeanour against this or the special (2) 
 Act. 
 
 Persons are to be taken before a justice as soon as convenient, 
 and not detained without the order of a justice more than forty- 
 eight hours (a). 
 
 The misdemeanours are 
 
 Cab-drivers misbehaving (6). 
 
 Drunk and disorderly (c). 
 
 Persons allowing chimneys to take fire (d). 
 
 Victuallers harbouring constables on duty (e). 
 
 Coffee-shop keepers harbouring disorderly persons (/). 
 
 (<) Clarice v. Higgins, 11 C. B. 
 N. S. 545. 
 
 (M) Kt fuse may be placed on curb 
 before 8 A.M. in box in Londou in 
 streets named by the Commissioners 
 of Sewers : 30 & 31 Viet. c. 134, s. 25. 
 
 (v) 10 & 11 Viet. c. 89, s. 28. 
 
 (M?) 7 & 8 Viet. c. 101, s. 53. 
 
 (a;; 10 & 11 Vi.i. c. 89, s. 28. 
 
 (/) See ante, p. 91. 
 
 (2) I.e. any Act passed for the regu- 
 
 lation of towns. 
 
 (a) Sect. 15. 
 
 (b) Sect. 61. 
 
 (c) Sect. 29. 
 
 (d) Sects. 30, 31. 
 
 (e) Sect. 34. 
 
 (/) Sect. 35. An ak -house is 
 within this section : Cole v. Coulton, 
 29 L. J. M. C. 125 ; 6 Jur. N. S. 698 ; 
 8 W. K. 412; 30 L. T. 210. 
 
 Knocking 
 at doors, 
 &c. 
 
 Lines. 
 Mats. 
 
 Offensive 
 matter. 
 
 Pigs. 
 
 Pits. 
 Poor. 
 
 Prostitute. 
 
 Riding on 
 shafts, &c., 
 on foot- 
 way. 
 
 Rubbish. 
 
 Timber, 
 &c. 
 
 Window 
 boxes. 
 
 Window 
 sill. 
 
 Found 
 commit- 
 ting.
 
 106 
 
 EXECUTIVE OFFICERS. 
 
 Entry. 
 Lands. 
 
 Licensing. 
 
 Slaughter- 
 houses. 
 
 Smug- 
 g'i'ig. 
 Threshing, 
 machines. 
 
 Tres- 
 passers. 
 
 an:l 
 
 Keeping places for bear-baiting (</). 
 Pound breach (Ji). 
 
 Entry. 
 
 Constables are authorized to enter on lands (other than a 
 dwelling-house or the curtilage thereof) if about to demand the 
 production of a licence from a person carrying a gun (t). 
 
 They may also enter any house, room, or place where any 
 public table or board is kept for playing at billiards, bagatelle, 
 or any game of the like kind, whenever they think proper (j). 
 And to detect the violation of the provisions of the Licensing 
 Acts, which it is their duty to enforce, enter any licensed pre- 
 mises or any premises in respect of which an occasional licence 
 is in force (&). 
 
 This section applies only to places licensed by justices (/), but 
 the constable may enter, although no one is inside, nor has 
 he reason to think there is (m). 
 
 As to slaughter-houses, they may, either alone or accompanied 
 by any inspector appointed under 26 Geo. 3, c. 71, at all reason- 
 able times in the day-time, enter and view the same, and take 
 an account of all horses or cattle found thereon (n). 
 
 They may enter on lands to prevent any signal being made 
 to smugglers (o). 
 
 And on premises where they have reason to believe a threshing- 
 machine is worked contrary to the Act (p). 
 
 They may not of their own motion turn trespassers off land (5). 
 
 Canal and River. 
 
 The power of these officers to enter vessels is limited to where 
 they have just cause to believe that an offence against the Act 
 has been or is about to be committed thereon (r). 
 
 Metropolitan. 
 
 Metro- These constables, employed under the Dockyard Acts (s), 
 
 politan. have no right to demand entrance to a licensed house to search 
 
 Dockyards. for a t, se ntees from the Navy (*). 
 
 Vessels. A superintendent or inspector may at all times, with such 
 
 constables as he shall think necessary, by night or day, enter 
 any ship, boat, &c., in the Thames, or the creeks or docks, to 
 
 (</) Sect. 36. 
 
 (h) Sect. 26. 
 
 (0 33 & 34 Viet. c. 57, s. 10. 
 
 (j) 8 & 9 Viet. c. 109, s. 14. 
 
 (/;) 37 & 38 Vi.-t. c. 49, s. 1(5. 
 
 (1) Harrison v. McL-3h>i-l, 48 J. P. 
 461) ; 50 L. T. 210. 
 
 (MI) li. v. Dollin*. 48 J. P. 182; 
 and see <'<i.<tr, K v. llundreJ 
 JJ., 54 J. P. 87. 
 
 (n) 7 & 8 Viet. c. 87, s. 4, repealed 
 as to Loudou; 54 & 55 Viet. e. 76, 
 s. 142. 
 
 (o) 39 & 40 Viet. c. 36, s. 192. 
 
 (j>) 41 & 42 Viet. c. 12, s. 4. 
 
 (g) B. v. Cox, 1 F. & F. 664. 
 
 (/) 3 & 4 Viet. c. 50, s. 9 ; see ante, 
 
 () 23A 24 Viet. e. 1 :!.). 
 
 (0 Turner v. Furil, 37 L. T. 352.
 
 INHERENT POWERS. 
 
 inspect the conduct of any constable there stationed, or of the 
 persons employed to load or unload, and to take such measures 
 as may be necessary to prevent fire or accident and preserve the 
 peace, and effectually prevent or detect all felonies and mis- 
 demeanours (M). 
 
 Search. 
 
 There is no statutory power to search a person on his arn st, Search. 
 and it is not certain that there is any such power at common 
 law. In practice, however, a person apprehended for felony is 
 searched, as well as the room or lodgings where he is taken, or 
 happens to be living (v). The presumption is that in this latter 
 case a warrant is necessary. 
 
 Any constable may in any highway, street, or public place Game, 
 search any person whom he may have good c uise to suspect of 
 coming from any land where he shall have been unlawfully in 
 search or pursuit of game (IT), or any person aiding or abetting 
 such person, and having in his possession any game unlawfully 
 obtained, or any gun, part of a gun, or nets or engines used for 
 the killing or taking game (V). 
 
 It is not necessary that any game should be found in the 
 nets (a;), but it should be seized on the highway (y) and found 
 on the defendant's person (2), though this is not absolutely 
 necessary (a). 
 
 Seizure and Detention. 
 
 Where a person is arrested for committing a felony or mis- Seizure and 
 demeanour, any property in his possession believed to iiave been detention. 
 used by him for the purpose of committing the offence may be 
 seized and detained as evidence in support of the charge; and, 
 if necessary, such property may be taken from him by force, 
 provided no unnecessary violence is used (6). 
 
 But if the seizure extend to property to which the power does 
 not apply, it is no defence to say that in the judgment of the 
 officer such power did apply (c). 
 
 Counterfeit coin and coining too^ are seizable (cT). ; n 
 
 Under the Contagious Diseases Act the constable may stop, Contagious 
 detain, and examine any animal, vehicle, boat, or thing to which diseases, 
 an offence, or suspected offence relates, and require the same to 
 
 CM) 2 & 3 Viet. c. 47, ss. 33. 34. 
 
 (r) See Dillon v. O'Brien, infra. 
 
 (re) Includes persons seen poach- 
 iug : Hall v. Robinson, 53 J. P. 310. 
 
 (/c) 25 & 26 Viet. c. 114, s. 2. 
 Game = pheasants, partridges, grouse, 
 black-game and their egg^, hares, 
 woodcocks, snipe, and rabbits. 
 
 (x) Jenkins v. King, L. R. 7 Q. B. 
 480. 
 
 (;/) Clarke V. Croicder, L. R. 4 
 C. P. 608. 
 
 (2) Turner v. Morgan, L. E. 10 
 C. P. 587. 
 
 (a) Lloyd v. Lloyd, 14 Q. B. D. 
 725 ; 53 L. T. 536; 49 J. P. 630; 33 
 W. B. 457 ; 15 Cox, C. C. 767. 
 
 (6) Dillon v. O'tirien, 16 Cox, C. C, 
 245. 
 
 (c) Warne v. Tarley, 6 T. R. 443. 
 See Grindletj v. tiaktr, 1 B. & P. 
 229. 
 
 00 24 & 25 Viet. c. 99, s. 27.
 
 108 
 
 EXECUTIVE OFFICERS. 
 
 be forthwith taken back to any place wherefrom it was unlaw- 
 fully removed and execute that requisition (e). 
 
 Cruelty to Where any person having charge of any vehicle or animal is 
 
 animals. arrested for an offence against the Cruelty to Animals Act, the 
 constable may take carge of such vehicle or animal and deposit 
 the same in some place of safe custody (/). 
 
 Customs. If any goods liable to duties of Customs, or prohibited to be 
 
 imported or restricted, are stopped on suspicion of felony, they 
 may be taken to the same station as the offender (</). 
 
 Dogs. Dogs reasonably supposed to be savage straying may be 
 
 detained until expenses paid (Ji). 
 
 Excise. A similar power to that above stated under Customs is ex- 
 
 tended to goods seized under the Excise laws (/), but forfeited 
 goods are to be taken to the Excise Office. 
 
 Explosives. Any Government inspector, constable, or officer of the local 
 authority having reasonable cause to believe that any explosive, 
 or ingredient of an explosive, or substance found by him is 
 liable to be forfeited, may seize and detain the same until a 
 Court of summary jurisdiction has determined the question of 
 forfeiture. In such case the officer seizing may either require 
 the occupier of the place in which it was sei/.ed (whether a 
 building or not, or a carriage, boat, or ship) to detain the s:iine 
 in such place, or in any place under the control of such occu- 
 pier, or may remove it in such manner and to such place as 
 will, in his opinion, least endanger the public safety, and there 
 detain it. 
 
 The receptacles containing the same may be seized, and de- 
 tained, and removed in like manner as the contents thereof. 
 
 The officers seizing the same may use tor the purposes of the 
 removal and detention thereof any ship, boat, or carriage in 
 which the same was seized, and any tug, tender, engine, tackle, 
 beasts, and accoutrements belonging to or drawing, or provided 
 for drawing, such ship, boat, or carriage, and shall pay to the 
 owner a reasonable compensation for such use, to be determined, 
 in case of dispute, by a Court of summary jurisdiction, and to 
 be recovered in like manner as penalties uuder the Act. 
 
 The same shall, so far as prauticab e, be kept and conveyed in 
 accordance with the Act and with all due precaution to prevent 
 accidents (j). 
 
 Game. Carts, &c., in or on which there shall be reason to suspect 
 
 that game unlawfully obtained, or articles or things used for 
 the purpose of taking the same are carried, may be stopped and 
 searched, and if found therein, may be seized and detained (k). 
 If the game, gun, &c., is visible, a search of the person is not 
 necessary to give jurisdiction to seize (I). 
 
 (e) 41 & 42 Viet. c. 74, a. 50. 
 (/) 12 & 13 Viet. c. 92, s. 19. 
 (<7) 39 & 40 Viet. c. 36, s. 206. 
 (h) 34 & 35 Viet. c. 56, s. 1. 
 
 (i) 7 & 8 Geo. 4, c. 53, s. 108. 
 0') 38 & 39 Viet. c. 17, s. 74. 
 (fc) 25 & 26 Viet. c. 114, s. 2. 
 (1) Hull v. Knox, 32 L. J. M. C. 1.
 
 INHERENT POWERS. 
 
 109 
 
 Money which has nothing to do with the charge cannot be Money, 
 taken (?). 
 
 Animals, carts, or goods in the possession of persons arrested Vagrants, 
 under the Vagrant Act may be seized and detained (w). 
 
 Canal and Kiver. 
 
 These officers may stop, search, and detain boats or carriages Canal and 
 on which there is reason to suspect anything stolen (o), and river. 
 such property may be taken charge of (j>). 
 
 Metropolitan. 
 
 When persons in charge of animals or carriages are taken in Metro- 
 cnstody under the Metropolitan Police Act, such animals or politan. 
 carriages may be deposited in some place of safe custody (5). 
 
 Carts, &c., within five miles of the Post Office not having Carts, &c. 
 owner's name thereon may be seized (r). 
 
 This does not apply to carriages liable to excise duty (s). 
 
 Dogs not under control may be detained until payment of Dogs, 
 expenses (f). 
 
 Carts and carriages removing furniture between 8 P.M. and Furniture. 
 6 A.M., or at any time to evade the payment of rent, may be 
 stopped (). 
 
 And so also may boats, carts, or carriages, in or upon which Stolen 
 there is reason to believe anything stolen or unlawfully obtained goods. 
 may be found (v). 
 
 Swine found straying in a street or public place may be Swine, 
 seized and removed (w). 
 
 Towns. 
 
 The police under the Towns Police Clauses Act may impound Towns. 
 cattle found straying within the limits of the special Act (x). Impound- 
 ing cattle. 
 
 Bail. 
 
 Where persons are brought to the station charged with Bail. 
 offences punishable by summary jurisdiction, if it be not prac- 
 ticable to bring them before the justice within twenty-four 
 hours, the superintendent or inspector must inquire into the 
 
 (m) R. v. 0' Donne?, 7 C. & P. 138 ; 
 R. v. D'Eyncourt, 21 Q. B. D. 109 ; 
 4 Ti. Rep. 455. 
 
 (n) 5 Geo. 4, c. 83, s. 8. 
 
 (o) 3 & 4 Viet. c. 50, s. 11. 
 
 (p) Sect. 9. 
 
 (q) 2 & 3 Viet. c. 47, s. 68. 
 
 (r) 1 & 2 Will. 4, c. 22, s. 60. 
 
 00 Danly v. Hunter, 5 Q. B. D. 
 
 20 ; 49 L. J. M. C. 15 ; 41 L. T. 622 ; 
 28 W. R. 223 ; 44 J. P. 809. 
 
 (<) 30 & 31 Viet. c. 134, s. 18. See 
 Wren v. Pocock, 34 L. T. 697; 40 
 J. P. 646. 
 
 (w) 2 & 3 Viet. c. 47, s. 67. 
 
 (v) lUd. SB. 34, 66. 
 
 (w 54 & 55 Viet. c. 76, s. 17. 
 
 (x) 10 & 11 Viet. c. 89,8.24.
 
 110 
 
 EXECUTIVE OFFICERS. 
 
 Chimney 
 sweepers 
 and 
 pedlars. 
 
 case, and, except where the offence appears to him to be serious, 
 shall discharge the prisoner upon his entering into recogni- 
 zance (y), with or without sureties, for a reasonable amount to 
 appear before the Court (z). 
 
 Subject to this enactment, there is, generally speaking, no 
 obligation to give bail on arrest. It is a matter which usually 
 falls within the discretion of the officer in charge of the 
 station (a). 
 
 Chimney-sweepers and Pedlars. 
 
 Chimney-sweepers may be required to give their name and 
 address, and to produce their certificate (6). 
 
 Pedlars may be required to produce their certificate and to 
 permit their pack to be inspected (c). 
 
 Dogs. 
 Metro- 
 politan. 
 
 Fairs. 
 Metro- 
 politan. 
 
 Gun. 
 
 Dogs. 
 Metropolitan. 
 
 Constables may destroy dogs suspected to be rabid, or when 
 detained for contravention of muzzling order, after three 
 days (d). 
 
 Fairs. 
 Metropolitan. 
 
 Booths, &c., may be removed from ground when a fair has 
 been declared unlawful (e). 
 
 Gun. 
 
 Persons not in Her Majesty's service carrying gun may be 
 requested to produce licence, and on refusal or neglect to do so, 
 to state his name and address (/). 
 
 Traffic. 
 Metro- 
 polis. 
 Fires. 
 
 Traffic. 
 Metropolis. 
 
 All constables are authorized to aid the Fire Brigade in the 
 execution of their duties. They may close any street in or near 
 which a fire is burning (</). 
 
 (/) Recoverable summarily as a 
 fine : 42 & 43 Viet. c. 42, s. 9. 
 
 (z) Sect. 38 ; and see 52 & 53 Viet, 
 c. 44, s. 4. 
 
 (<$) As to Metropolis, 10 Geo. 4, 
 c. 44, s. 9 ; 2 & 3 Viet. c. 47, s*. 70, 
 72. As to county and niunieipul, 
 19 & 20 Viet. c. 69, s. G; 45 & 4 
 Viet. c. 50, s. 227. 
 
 (6) 38 & 39 Viet. c. 70, s. 1C. 
 
 (c) Sect. 17. 
 
 (a!) 2 & 3 Viet. c. 47, s. Gl ; 30 & 31 
 Viet. c. 134, s. 18. 
 
 (e) 2 & 3 Virt. c. 47, s. 39 ; 31 & 32 
 Viet. c. 106, s. 2. 
 
 (/) 33 & 34 Viet. c. 57, s. 9. 
 
 (</) 28 & 29 Viet. c. 90, s. 12.
 
 INHERENT POWERS. 
 
 Ill 
 
 First class 
 mis le- 
 meanants. 
 
 Criminal 
 prisouers. 
 
 GAOLERS. 
 
 These officers have while acting the s^ine powers, authorities, Gaolers. 
 protection, and privileges as constables (Ji). 
 
 In prisons where debtors are confined, they are to be separated Debtors, 
 altogether from criminal prisoners (/). 
 
 A debtor may maintain himself, provided he do not sell to 
 other prisoners ; and, if not maintained at the expense of the 
 prison, is to receive the whole of his earnings. If furnished 
 with implements, or so maintained, a deduction is to be made, 
 to be determined by a justice (y). 
 
 Prisoners ordered by a judge to be treated as first-class mis- 
 demeanants are not criminal prisoners (&). 
 
 As to criminal prisoners, no cell is to be used for the separate 
 confinement of a prisoner unless certified to be fit by the in- 
 spector, and furnished with the means of enabling the prisoner 
 to communicate at any time with an officer (Z). 
 
 The gaoler can only order con6nernent in a pnnishment-cell 
 for twenry-four hours (?w) and it is the same with irons and 
 other mechanical restraints in cases of urgent necessity (n). 
 Punishments can only be awarded by the gaoler or a justice (o). 
 
 Prisoners may be brought up for trial or removed (p), pro- Removal, 
 vided surgeon do not certify unfitness (5). 
 
 On admission they are to be searched, and all dangerous Search, 
 weapons, articles calculated to facilitate escape, and prohibited 
 articles, to be taken from them (r) ; but no prisoner is to be 
 searched in the presence of any other prisoner (s). 
 
 Money and other effects brought into the prison by him, or Money, 
 sent for his use, which he is not allowed to retain, to be placed 
 in custody of gaoler, who is to keep an inventory thereof (t). It 
 appears to be recoverable at expiration of sentence (u). 
 
 Prisoners may before trial maintaiu themselves, provided they Mainten- 
 do not sell to others (t?). ance. 
 
 A convicted criminal prisoner shall be provided with a com- Clothes, 
 plete prison dress, and shall be required to wear it (?). Suffi- 
 cient bed- clothes to be provided, but convicted prisoners may be Beds, 
 required to sleep on a plank bed during time determined by 
 rules (x). 
 
 Prisoners required to keep clean and decent (j/). Cleanli- 
 
 llair of female not to be cut withoiit lu-r consent, except on ness. 
 
 (q) Sched. I. r. 10. 
 
 (r) R'le 6. 
 
 () Rule 7. 
 
 (t) Rule 8. 
 
 (M) See 33 & 34 Viet. c. 23, ss. 9, 
 
 (/O 28 & 29 Viet. c. 12G, Sched. I. 
 r. 6. 
 
 (0 Sect. 17. 
 
 0') Schid. I. r. 16. These rules 
 are MS if embodied iu the Act. 
 
 (A-) Sect. (17. 
 
 (/) Sect. ]8. 
 
 () Sect. 43. 
 
 (u) Sched. I. r. 59. 
 
 (o) Sect. 4;;. 
 
 (j) Sect. (J3. 
 
 18. 
 
 (r) Sched. I. r. 19. 
 (w) Rule 23. 
 (./) Rule 26. 
 (i) Rule 28.
 
 112 
 
 EXECUTIVE OFFICERS. 
 
 Hard 
 labour. 
 
 Exercise. 
 Illness. 
 
 Religion. 
 
 Education. 
 Visitors. 
 
 Females. 
 
 Articles 
 carriedin 
 or out. 
 
 account of vermin or dirt, or when surgeon deems necessary for 
 health. That of males not to be cut closer than necessary for 
 health (z). 
 
 Hard labour not to be imposed before trial (a), nor more than, 
 ten hours a day (exclusive of meals), nor if surgeon certify 
 unfit ness, nor on Sundays, Good Fridays, or public fasts and 
 thanksgivings (6). No prisoner not sentenced to hard labour to 
 be punished for neglect of work, except by alteration in scale 
 of diet (c). 
 
 Exercise in open air to be permitted daily. If employed in 
 cell, to take such exercise as surgeon deems necessary (d). 
 
 Prisoners desiring to see ssurge >n, or appearing out of health, 
 to be referred by officer to gaoler, and by him without delay to 
 surgeon (e). 
 
 No prisoner to be compelled to attend any service of a per- 
 suasion to which he does not belong (/). Minister of same 
 persuasion not to be introduced if prisoner object (#). 
 
 Prisoners to be instructed in reading, writing, and arithmetic 
 during hours prescribed (h). 
 
 Provision to be made for admission of persons with whom 
 prisoner before trial may desire to communicate. So far as con- 
 sistent with the interests of justice, legal adviser 'to be seen 
 alone (i). 
 
 Gaoler may demand name and address of any visitor, and 
 when he has any ground for suspicion, may search, or cause to 
 be searched, male visitors ; and direct the matron, or some other 
 female officer to search female visitors, such search not to be in 
 the presence of any prisoner or of another visitor ; and in case 
 of any visitor refusing to be searched, may deny admission (j\ 
 
 Females to be attended by female officers (&). 
 
 The gate porter may examine all articles carried in or out, 
 and may stop any person suspected of bringing in spirits or 
 other prohibited articles, or of carrying out any property 
 belonging to the prison (/). 
 
 (z) Rule 29. 
 (a) Rule 32. 
 (6) Rule 34. 
 
 (c) Rule 38. 
 
 (d) Rule 39. 
 
 (e) Rule 41. 
 (/) Rule 46. 
 
 (<7) Rule 47. 
 (A) Rule 53. 
 () Rule 54. 
 7 C. & P. 176. 
 0') Rule 55. 
 (A-) Rule 67. 
 (I) Rule 97. 
 
 See B. v. Simmondg,
 
 INHERENT POWERS. 
 
 113 
 
 CUSTOMS. 
 
 The inherent powers of customs officers are the following : 
 
 Officers employed to prevent smuggling (a) may haul their 
 vessels on the shore (not being a garde n or pleasure-ground, or 
 place ordinarily used for any bathing-machine (6) ), or may 
 patrol the coasts (not being a garden or pleasure ground) (c). 
 
 Customs officers may board any ship arriving in port:, and 
 stay on board until all the goods laden therein are delivered 
 therefrom, or until her departure, and shall have free access to 
 every part thereof (d). So also may they, after clearance out- 
 wards, within the limits of the port, or within one league of 
 the coast (e) ; and any ship carrying false colours in order to 
 remove them (/). 
 
 They may after boarding demand all documents which ought 
 to be on board, and require them to be brought for inspection (<JT), 
 and where the ship has cleared, the clearance (li). 
 
 The officers may search ships, or rummage all parts thereof, 
 for uncustomed or prohibited goods (i) ; and those employed to 
 prevent smuggling may search persons on board any ship or 
 boat in port, or who shall have landed therefrom, if they have 
 reason to suppose they are carrying uncustomed or prohibited 
 goods (j). Such a person may require first to be taken before a 
 justice or collector, or other superior customs officer, who may 
 either discharge him or direct the search. And a female is to 
 be searched only by a female (&). 
 
 If i he keys be withheld, the examining or superior officer 
 may open any place, box, or chest (/). The officers may break 
 packages for exportation, the contents of which are unknown (TO), 
 and examine all goods shipped or brought for shipment (n). 
 
 They may also fasten down hatchways (o). 
 
 All goods on board, and all goods lading or unlading, may be 
 examined (p). And officers employed to prevent smuggling (5) 
 
 Customs. 
 
 Entry ou 
 lands. 
 
 Boarding 
 ships. 
 
 Demand 
 documents. 
 
 Search. 
 
 (a) These words include coast- 
 guard. 
 
 (6) 39 & 40 Viet. c. 36, s. 194. 
 
 (c) Sect. 196. 
 
 (d) Sects. 47, 147, 182. As to 
 comrui.-sioneil ships, see s. 52. 
 
 (e) Sect. 134. 
 
 (/) 17 & 18 Viet. c. 104, s. 105. 
 
 (0) Sect. 147. And see 44 & 45 
 Viet. c. 12, s. 11 ; and 47 & 48 Viet. 
 c. 62, s 3. 
 
 (/O 39 & 40 Viet. c. 36, s. 134. 
 
 (0 Sects. 147, 182. Ag to com- 
 missioned bhips. see s. r>2. 
 
 0') 44 & 45 Viet. c. 12, s. 12. 
 
 (A-) 39 & 40 Viet. c. 36, s. 185. If 
 the officer shall without reasonable 
 ground cause any person to be 
 searched, I.e shall forfeit 10. 
 
 (I) Sect. 47. 
 
 (m) Sect. 54. 
 
 (n) Sect. 102. As to salmon parcels, 
 see 28 & 29 Viet. c. 121, s. 65. 
 
 (o) Sect. 47. 
 
 (p) Sect. 147. 
 
 (q) Including excise, coast-guard, 
 and constabulary. 
 
 Breaking 
 packages 
 and places. 
 
 Fasten 
 hatchway. 
 
 Examina- 
 tion.
 
 114 EXECUTIVE OFFICERS. 
 
 may on reasonable suspicion or probable cause stop and examine 
 any cart or other conveyance to ascertain whether any smuggled 
 goods are contained therein (r). 
 
 Samples. They may take samples of margarine imported into or manu- 
 
 factured in the kingdom, if they have reason to believe that the 
 provisions of the Act are infringed by conveyance under another 
 title (s). 
 
 And also of tea imported ; and if they find it mixed with 
 other substances, or exhausted tea, shall not deliver it unless 
 with the sanction of the Commissioners, and if it be unfit for 
 food, it may be destroyed (<). 
 
 Seizure. Where a power to seize is conferred by statute, it must be 
 
 exercised strictly; and if the seizure extend to property to 
 which the power does not apply, although in the judgment of 
 the officer it did apply, it is no justification (u). 
 
 All officers employed in the prevention of smuggling may 
 seize all ships, boats, goods, carriages, or other conveyances, and 
 horses, animals, and things liable to forfeiture, and all persons 
 liable to be detained, in any place on land or water (). And 
 fur this purpose they may apparently go outside tbe usual 
 limits of their juris Uct ion (w). There can be no alienation so 
 as to avoid forfeiture (#). 
 
 But no ship is to be liable to forfeiture unless under 250 
 tons (#). In such cases the Commissioners may fine, and 
 require a sum not exceeding 500 to be deposited with the 
 Collector. In default, the ship may be detained (z). The 
 goods in sunh ship are still liable to forfeiture (a). 
 
 Ships unduly assuming British character, or concealing British 
 or assuming foreign character, or owner acquiring ownership if 
 unqualified, or making false declaration of ownership, are liable 
 to seizure (6). And iron steamships not built according to rules 
 may be detained (V). 
 
 If a foreign ship having had goods on board liable to seizure 
 has unshipped at more than one league from the coast, she is 
 liable to forfeiture, but only by coming within the distance 
 during the same voyage (<f). 
 
 Goods, &c., prohibited or restricted are : 
 
 Arms, &c., proclaimed (e) ; beer (/) ; books, copyright, 
 cards ; cattle or hides proclaimed (</) ; chicory ; chloral hydrate 
 
 (r) Sect. 203. (a) Sect. 4. 
 
 () 50 & 51 Viet. c. 29, s. 8. (6) 17 & 18 Viet. c. 104, s. 103. 
 
 (0 38 & 39 Viet. c. 63, s. 30. (c) Sect. 300. 
 
 (u) Warne v. Varley, 6 T. K. 443 ; (d) Att.-Gen. v. ScMers, 2 C. M. 
 
 Griiidley v. Baker, 1 R & P. 229. & R. 286 ; 1 Gale, 223 ; 5 Tyr. 1024. 
 
 () 39 & 40 Viet. c. 36, e. 21)2. See As to quarantine, see 6 Geo. 4, e. 78, 
 
 Lord Advocate v. Crooltslianks, 15 ss. 14, 15. 
 
 Court of Sess. Gas. 995. (e) 39 & 40 Viet. c. 36, 8. 138 ; 
 
 (10) R. v. Barfoot, 13 East, 506. 42 & 43 Viet. c. 21, s. 8. 
 
 (a;) Locltyer v. Offlen, 1 T. K. 252. (/) 44 & 45 Viet. c. 12, s. 5. 
 
 (y) 53 & 54 Viet. c. 56, s. 1. (g) See 40 & 41 Viet. c. 68, s. 1, 
 
 (z) Sect. 2. as to destructive iusccts.
 
 INHERENT POWERS. 
 
 115 
 
 chloroform, chocolate, clocks, cocoa, coffee ; coin, false or foreign 
 proclaimed (A) ; collodion; ether ; ethyl, iodide of; explosives (i) ; 
 Foreign Enlistment Act, ships liable under (j) ; foreign manu- 
 factured articles, &c. ; postal packages (k) ; fruit ; malt extract ; 
 Merchandize Marks Act, goods liable under (I) ; rum ; naphtha ; 
 prints, indecent; salmon (m) ; soap containing spirit; snuff; 
 spirits ; spruce ; tea ; tobacco ; varnish ; watches, British manu- 
 facture ; wine (). 
 
 The offences consist of 
 
 Failing to export, import, or enter goods properly (o), or to 
 report cargo (p), and smuggling (5). 
 
 The unshipping of goods, though in some cases not unlawful, 
 may become so by reason of any subsequent fraud ; but there 
 must be a fraudulent removal to render the unshipinent 
 illegal (r). 
 
 Contraband goods may be seized in a river before they are 
 landed or offered for sale (s). 
 
 Where masters refuse or neglect to give to officers declara- Aliens, 
 tions concerning aliens (other than seamen employed), and 
 refuse to pay the penalty imposed, the ship may be detained (tf). 
 
 Proceedings for the recovery of penalties or for condemnation Limitation, 
 must be commenced within three years after the commission 
 of the offence or seizure of the articles () ; but this does not 
 apparently apply to indictments (V). 
 
 A charge of 5s. a day may be made, and for removal of goods Charges, 
 where that takes place, where a ship or goods importing remain 
 more than fourteen days after arrival ; and the like charge may 
 be made on ships brought in under legal process or by stress of 
 weather, or for safety or derelict, when actually guarded (w). 
 
 As to dues, none is to be charged in respect of deficiency Dues, 
 in goods, unless there is reason to suppose they have been 
 abstracted #. 
 
 (/O 49 & 50 Viet c. 41, s. 2 ; and 
 52 & 53 Yict. c. 42, s. 2. 
 
 () 46 & 47 Yict. c. 10, s. 3. 
 
 (;) 33 & 34 Yict. c. 90, s. 21. 
 
 (if) 45 & 46 Yict. c. 74, s. 14. 
 
 (0 50 & 51- Yict. c. 28, s. 16 ; and 
 see Staceyv. Chilu-orth Co., 24 Q. B. D. 
 90; 59 L. J. M. C. 13; 62 L. T. 73 ; 
 38 W. R. 204 ; 54 J. P. -136 ; 6 T. L. K. 
 95 ; and Wood v. Burgess. 24 Q. B. D. 
 162; 59 L. J. M. C. 11; 61 L. T. 
 583 ; 38 W. R. 331 ; 54 J. P. 325 ; 
 16 Cox, 729 ; mid t-ee 54 Viet. c. 15. 
 
 (m) 26 & 27 Yi t. c. In, s. 3 ; and 
 28 & 29 Viet. c. 121,8. 05. 
 
 () 51 & 52 Yict. c. 14, s. 6. The 
 amount of duty payable varies. 
 
 (o) 3;) & 40 \L t. c. 36. 
 
 (p) Hid. 
 
 (</) Ibid. 
 
 (;) H. v. CumJy, Ex. 15, 5, 1843, 
 
 M. S. Rep. See Att.-Gen. v. Hurel, 
 11 M. & W. 589. 
 
 (s) Smith v. Reynolds, 2 Wils. 257; 
 Johnson v. Saunders, 1 B. & P. 267 ; 
 Att.-Gen. v. Delous, 6 Price- 283. 
 
 (0 6 & 7 Will. 4, c. 11, s. 2. No 
 action will lie at the suit of an alien 
 for being refused admission to tlie 
 country: Musgrove v. Toy, [1891] 
 A. C. 272. 
 
 O) 39 & 40 Yict. c. 36 s. 257. 
 
 (v) R. v. Thompson, 16 Q. B. 832 ; 
 15 J.ir. 654 ; 20 L. J. M. C. 183; and 
 see Att.-Gen. v. Radio/, 10 Ex. 84 ; 
 18 Jur. 555 ; 23 L. J. Ex. 240 ; R. v. 
 Alters, 6 Esp. 125, n. ; Att.-Gen. v. 
 Briant, 15 M. & W. 169 ; 15 L. J. 
 Ex. 265; and Van boven, 9 Q. B. 
 669. 
 
 (tc) 39 & 40 Yict. c. 36, s. 75. 
 
 (*) Sect. 99. 
 
 I 2
 
 116 
 
 EXECUTIVE OFFICERS. 
 
 Clearance. 
 
 Sale. 
 
 Arrest. 
 
 Securing 
 goods. 
 
 Firing on 
 ships. 
 
 Excise 
 powers. 
 
 Sea 
 
 fisheries. 
 
 The duties become a debt to the Crown immediately on the 
 importation (?/). 
 
 In case of dispute as to dues, the amount demanded must be 
 paid, and an action commenced against the Collector within 
 three months to ascertain what amount is payable (2). 
 
 Where harbour dues remain unpaid, a clearance to the vessel 
 may be withheld until security be given for their payment (a), 
 and in any case if the master refuse to state her nationality (&). 
 
 Goods, in default of perfect entry, may be sold within one 
 month after landing (c). If not entered within 14 days, they 
 may be sold within three months (d) ; and those in warehouses, 
 not cleared after five years, after one month's notice to the 
 warehouse-keeper. Overplus, aft^r payment of duties, to go to 
 owner if known. If goods not worth the duty, they may be 
 destroyed. In that case the duty is to be paid by the proprietor 
 of the warehouse (e). 
 
 As has been above stated, persons generally may be arrested 
 for offences against the Customs Acts. So also may persons 
 making signals to smugglers (/), and those found or discovered 
 to have been on board vessels with contraband goods within 
 three miles of the coast (except in the service of a foreign 
 State) (JJT), and persons receiving forfeited goods or oifenders, or 
 assaulting or obstructing officers, or attempting to do so Qi). 
 The arrest may be effected at any place within three years of 
 the commission of the offence (t). 
 
 Persons on board infected ships may be detained pending 
 examination of the state of health of persons so on board (/) 
 
 Officers may secure goods before landing, and, if necessary, 
 they may be placed in the Queen's warehouse (&). 
 
 They may in pursuit of a ship or boat liable to seizure or 
 examination (after signal) fire into her if she do not bring to (Z). 
 
 Customs officers may exercise Excise powers when neces- 
 sarv ( m ). 
 
 Certain of these officers are employed to put into force the 
 Convention to Eegulate the Fisheries in the North Sea (n). 
 
 (/) Leaper \. Smith, Bun. 79 ; 
 Anon. Lain. 15 ; Salter v. Nagapert, 
 1 Roll. R. 380; Att.-Gen. v. Weeks, 
 Bun. 223. See Att.-Gen. v. Ansted. 
 12 M. & W. 520. 
 
 (2) Sect. 30. 
 
 (a) 10 Viet. c. 27, s. 48. 
 
 (6) 17 & 18 Viet. c. 104, ss. 102, 
 103 ; and as to f-teamships not pro- 
 perly rittetl, see s. 300. 
 
 (c) 39 & 40 Viet. c. 36, s. 61. 
 
 (d) Sect. 73. 
 
 (e) Sects. 93, 94. 
 (/) Sect. 190. 
 (V) Sect. 179. 
 
 (h) 44 & 45 Viet. c. 12, s. 12. 
 (*') 39 & 40 Viet. c. 36, s. 199. 
 
 0') Sect. 234. 
 
 (fc) i^ects. 47, 51, 61, 73, and 74. 
 See Att.-Gen. v. Voudiere, 1 C. M. 
 & R. 571 ; 5 Tyr. 211 ; Love v. Att.- 
 Gen. 2 C. M. & R. 544 ; 5 Tyr. 133 ; 
 1 Gale, 249. 
 
 (I) Sect. 181. 
 
 (TW) 7 & 8 Geo. 4, c. 53, s. 38. 
 
 (n) As to local sea -fishery officers, 
 see 51 & 52 Viet. c. 59, s. 6 ; and R. 
 v. Culritt, 22 Q. B. D. 6*2 ; 58 L. ,T. 
 M. C. 133 ; 60 L. T. 638 ; 37 W. R. 
 892 ; 53 J. P. 470 ; 16 Cox, C. C. 618. 
 Close time for bream is March to 
 June; sea trout, September to 
 January ; oysters. May to July ; and 
 Innipioy, March inclusive.
 
 INHERENT POWERS. 
 
 117 
 
 In such case, in exercise of their powers, they may, with 
 respect to any sea fishing boat within the exclusive limits of the 
 British Isles, and with respect to any Biitish sea-fishing boat 
 outside those limits (1) board the boat ; (2) require the owner, 
 &c., to produce certificates ; (3) number the crew ; (4) require 
 explanations as to certificates from master ; (5) examine sails, 
 lights, small boats, anchors, grapnels, and fishing implements ; 
 (0) seize any instrument serving only or intended to damage or 
 destroy fishing implements by cutting or otherwise found on. 
 board or in possession of any person belonging to her ; (7) hold 
 an examination ; (8) and in case of any contravention, take the 
 offender and the boat and the crew to the nearest or must con- 
 venient port, and there detain them until adjudication (o). 
 
 "NY here seal-fishing in Behring's Sea has been prohibited by Seals. 
 Order in Council, any full-pay naval officer may step and 
 examine any British ship in such t-ea and detain her, or any 
 portion of her equipment, or any of her crew, if, iu his judg- 
 ment, the ship is being or is preparing to be used contrary to 
 the Act (p). 
 
 EXCISE. 
 
 The powers of excise officers are as follows : Excise. 
 
 They may demand the production of a gun licence from any (j un 
 person using or carrying a gun (other than those in the service licence, 
 of Her Majesty), and if such licence is not produced they may 
 demand a person's name and address (q). 
 
 They and their assistants may at any time by night or day Entry, 
 (but if between 11 P.M. and 5 A.M. in the presence of a constable) 
 enter into and remain so long as they think fit, for the purpose 
 of ascertaining, where any offence has been committed, in any 
 building or place belonging to or used by persons to carry on a 
 trade subject to the excise laws, or by persons required by the 
 same laws to make entry of such building (r). They may enter 
 at any time of the day or night the entered premises of a brewer Brewer for 
 for sale (s), and if they find any concealed pipe may enter any sule - 
 adjoining house into which such pipe leads (). They may also 
 enter at any time the premises ot a distiller or rectifier (u), and Distiller, 
 at all reasonable times the premises of a brewer other than a Brewer 
 brewer for sale (v). other than 
 
 Where they see a person using or carrying a gun, they may sa e ' 
 enter and remain as long as necessary on any lands or premises Lands. 
 
 (o) 46 & 47 Viet. c. 22, g. 12. The 
 convention forms the 1st schedule to 
 the Act. 
 
 (ji) 54 Tict. c. 19. As to the sup- 
 pression of the Slave Trade, see 
 5 Geo. 4, c. 113; 36 & 37 Viet. c. 88; 
 B. v. Zulueta, I C. & K. 215; Bur on 
 \. Denman, 2 Ex. 167 ; Hadrazo v. 
 Willes, 3 B. & Aid. 353 ; and Tolin 
 v. The Queen, 16 C. B. 310. 
 
 (q) 33 & 34 Viet. c. 57, s. 9 ; and 
 see post, p. 119. 
 
 (r) 7 & 8 Geo. 4, c. 53, s. 22. See 
 Hill v. Barnes. 2 W. Bla. 1135. 
 
 (*) 43 & 44 Viet. c. 20, s. 29. 
 Beer includes cider and perry. 
 
 (0 Sect. 30. 
 
 00 43 & 44 Viet. c. 24, s. 137. 
 
 (r) 43 & 44 Viet. c. 20, s. 35.
 
 118 
 
 EXECUTIVE OFFICERS. 
 
 Methyla- 
 tor. 
 
 Retail 
 
 spirit. 
 
 Tobacco. 
 
 Wine 
 retailer. 
 
 Examina- 
 
 tion 
 
 geueral. 
 
 Brewer. 
 
 Distillery. 
 
 Methyla- 
 
 tor. 
 
 Spirit 
 
 retailer. 
 
 Tobacco. 
 
 Wine. 
 
 Spirits in 
 transit. 
 Samples. 
 Brewer. 
 
 Margarine. 
 
 (other than a dwelling-house or the curtilage thereof) for the 
 purpose of making the demand specified above (w). 
 
 They may in the daytime enter and inspect the premises of 
 methylators, or retailers of methylated spirits, or of persons 
 authorized to receive such spirits (#), and they may at any time 
 enter the premises of a spirit dealer or retailer (y). 
 
 They may also at any time (but between 10 P.M. and 6 A.M. 
 with the assistance of a constable) enter any workhouse or shop 
 of a manufacturer, dealer, or retailer of tobacco or snuif and 
 inspect and examine all tobacco and snuff therein (z). 
 
 And during the hours in which any house licensed for the 
 retail of wine to be consumed on the premises is kept open, may 
 enter every house, cellar, room, or place entered for storing, 
 keeping, or retailing wine (a). 
 
 As regards places subject to the laws of excise they may 
 inspect the same and take account of all matters, things, works, 
 vessels, utensils, goods, and materials appertaining to such 
 trade (&); and also of the brewing materials, vessels, and 
 utensils used by brewers (c). 
 
 In a distillery, they may test the quantity of spirits at proof 
 in any wash by distillation, and require any charger or re- 
 ceiver to be emptied and cleansed and any quantity of the 
 wash to be distilled, and the produce to be conveyed into the 
 charger or receiver. The distiller must provide assistance 
 and fuel (<F) ; and the officer may examine, gauge, and take 
 account of any still or other vessel or utensil, and the spirits or 
 materials for their manufacture (e), and where a concealed pipe 
 is discovered, examine whether it conveys liquor so as to prevent 
 a true account being taken (/). 
 
 A methylator's stock can only be examined in the daytime ((f), 
 but that of a spirit retailer at any time (A), or of a tobacco 
 manufacturer, dealer, or retailer (i~), but that of a wine retailer 
 can only be examined while the house is open for the sale of 
 liquor 0'). 
 
 Spirits in transit may be examined (&). 
 
 As to samples, the officer may take such as he deems necessary 
 of any worts, or beer, or materials for brewing, in possession of 
 a brewer for sale, who may first stir up and mix together such 
 worts, beer, or materials (/). 
 
 In the case of rrargarine in transit, he may take samples to 
 
 (w) 33 & 34 Viet. c. 57, s. 10. 
 
 (*) 43 & 44 Viet. c. 24, s. 127. By 
 53 & 54 Viet. c. 8, a. 31, the duty on 
 methylated spirits is abolished, but 
 the manufacture is still subject to 
 the Excise laws. 
 
 (y) Sect. 141. 
 
 (z) 3 & 4 Viet c. 18, s. 3 ; and see 
 30 & 31 Viet. c. 90, s. 10. 
 
 (V<) 23 A- 24 Viet. c. 27, s. 24. 
 
 (I) 7 & 8 Geo. 4, c. 53, s. 22. 
 
 (c) 43 A- 44 Viet, c. 20, ss. 29, 35. 
 
 (d) 43 & 44 Viet. c. 24, s. 40. 
 
 (e) Sect. 137. 
 (/) Sect. 139. 
 (gr) Sect. 127. 
 (h) Sect. 141. 
 
 (0 3 & 4 Viet. c. 18, s. 3. 
 (j) 23 & 24 Viet. c. 27, s. 24. 
 (A-) 43 & 44 Viet. c. 24, g. 145. 
 (/) Cap. 20, s. 26.
 
 INIIEEENT POWERS. 
 
 119 
 
 ascertain whether the provisions of the Act have been complied 
 with (m). 
 
 And also of an}' wort, wash, low wines, feints, or spirits from 
 any vessel or utensil in a distillery (n), or of any methylated 
 spirits (o). 
 
 And generally he may take any samples if he pay for them at 
 the current price (j?). 
 
 If there is reason to suspect the existence of concealed pipes, 
 a brewer's premises may be searched (<j>). And so may a dis- 
 tiller's (r) or a wine retailer's (s). 
 
 In the case of either a brewer or distiller if they are refused 
 admittance they may (but at night only in the presence of a 
 peace officer) break in (<) ; and if there be reason to suspect con- 
 cealed pipes, may break up the ground of that or adjoining 
 premises. In the case of a distillery, if the search be unsuccess- 
 ful the damage is to be made good (w). 
 
 Where a power to seize is conferred by statute it must be 
 exercised strictly, and if the seizure extend to goods to which 
 the power does not apply, although in the judgment of the 
 officer it did apply, it is no justification (v). 
 
 These officers, or any person acting in their aid, may seize 
 any goods, commodities, and chattels, and any carts, horses, 
 carriages, or other conveyances for currying the same, for- 
 feited by any act relating to excise (M>). And mere posses- 
 sion seems sufficient without the iutention to employ them 
 illegally (V). 
 
 And stills, vessels, utensils, spirits, or materials for their 
 manufacture, liable to forfeiture, may be seized (/), or spirits 
 found on premises of a wine retailer (z). 
 
 Goods liable to duty are : Beer, cards, chicory, cider, coffee, 
 patent medicines, perry, snuff, spirits, sweets, tobacco, and 
 wine (a). 
 
 Persons discovered in unentered excise factories may be 
 arrested and detained (6) ; and the officers here may do all that 
 is necessary for the purpose of having the matter adjudicated 
 on (c). 
 
 So also persons hawking cards may be apprehended (d~), and 
 persons carrying a gun who shall refuse their name and ad- 
 dress (e). 
 
 (ro) 50 & 51 Viet, c, 29, a. 8. 
 
 () 43 & 44 Viet. c. 24, n. 42. 
 
 (o) Sects. 127, 141. 
 
 (p) 51 Viet. c. 8, s. 6. 
 
 (g) 43 & 44 Viet. c. 20, s. 30. 
 
 (r) Cap. 24, s. 137. 
 
 (s) 23 & 24 Viet. c. 27, s. 24. 
 
 (t) 43 & 44 Viet. c. 20, ss. 29, 30 ; 
 c. 24, ss. 137, 139. 
 
 (M) Ibid. s. 139. 
 
 (?) Warne v. Varfry, 6 T. E, 443; 
 Grindley v. Baiter, I B. & P. 229. 
 
 (w>) 53 & 54 Viet. c. 21, ss. 30, 31. 
 
 (a;) Att.-Gen. v. Lockwood, 9 M & 
 W. 378. 
 
 (y) 43 & 44 Viet. c. 24, s. 140. 
 
 00 23 & 24 Viet. c. 27, s. 24. 
 
 (a) The amount of duty varies. 
 
 (6) 7 & 8 Geo. 4, c. 53, s. 33. 
 
 (c) Evans v. M' Clone/Man, 4 Macq. 
 H. L. C. 89 ; 7 Jur. N! S. 1253. 
 
 (rf) 25 & 26 Viet. c. 22, s. 31. 
 
 (e) 33 & 34 Viet. c. 57, s. 9. 
 
 Spirits. 
 
 Generally. 
 
 Search. 
 
 Brewery. 
 
 Distiller. 
 
 Wine 
 
 retailer. 
 
 Breaking. 
 
 Damage 
 when made 
 good. 
 
 Seizure. 
 
 Spirits 
 
 Arrest. 
 
 Unentered 
 factories. 
 
 Cards. 
 Gun.
 
 120 
 
 EXECUTIVE OFFICERS. 
 
 Unlawful 
 removal. 
 
 Hawking. 
 
 Limita- 
 tion. 
 
 Ladders 
 and lights. 
 Worm-tub. 
 
 Permits. 
 
 Customs. 
 Powers. 
 
 Officers 
 may oppose 
 force by 
 force. 
 
 Persons may also be arrested for : 
 
 The unlawful removal of malt, wort, or wash (/), or spirits (</). 
 
 Hawking and sale of spirits (Ji), or generally with ut licence (f), 
 or of tobacco (f). 
 
 And persons liable to arrest may be arrested subsequently 
 after escape at any time (&). 
 
 The offences not previously mentioned are : 
 
 Fraudulently removing goods liable to duty (7). 
 
 Making out false accounts and obstructing officers (n). 
 
 Proceedings for the recovery of penalties must be commenced 
 within three years (n). But this does not apparently apply to 
 indictments (o). 
 
 Brewers and distillers must supply officers with ladders and 
 lights to enable them to make their examination (jp), and dis- 
 tillers may be required to draw off worm-tub (5). 
 
 Manufacturers of tobacco must shew permits when de- 
 manded (r) ; and so must persons removing spirits in quantities 
 of more than one gallon (). 
 
 Excise officers are authorized to use all the powers of customs 
 officers when necessary (<). 
 
 If persons armed with offensive weapons resist officers, they 
 may be opposed by force (). 
 
 A hatchet caught up accidentally (), or a horsewhip, or a 
 stick (w), or a smuggler's pole (a;) is not an offensive weapon 
 wirhin this section; but anything not in common use for any 
 other purpose than a weapon is (*/). 
 
 TAXES. 
 
 Taxes. The power of a collector of taxes in case of non-payment is to 
 
 Distraint, distrain upon the messuages, lands, tenements, and premises 
 charged with such sum of money, or the person so charged by 
 his goods and chattels, and all such other goods and chattels as 
 the collector is thereby authorized to distrain, without any 
 
 Warrant. further authority than the warrant delivered on his appoint- 
 ment (z). 
 
 Charges. As to the amount that may be charged for such distress where 
 
 (/) 43 & 44 Yict. c. 24, s. 141. 
 
 (3) Sect. 145. 
 
 (A) Sect. 146. 
 
 (*) 51 & 52 Viet. e. 33, s. 6. 
 
 O') 5 & 6 Yict. c. 93, s. 13. Not 
 to extend to dealers. 
 
 (&) 4 \- 5 Will. 4, c. 51, s. 25. 
 
 (1) 7 & 8 Geo. 4, c. 53, s. 32. 
 
 (tn) 53 & 54 Yict. c. 21, s. 30. 
 
 (n) Sect. 31. 
 
 (o) R. v. Thompson, ante, p. 115. 
 
 (p) 43 & 44 Yict. c. 20, s. 28 ; c. 24, 
 s. 138. 
 
 (g) Sect. 143. 
 
 (r) 3 & 4 Yict. c. 18, s. 5. 
 
 (s) 43 & 44 Yict. c. 24, s. 145. 
 
 (0 7 & 8 Geo. 4, c. 53, s. 38. 
 
 () Sect. 40. 
 
 00 B. v. Rose, 1 Leach, C. C. 342. 
 
 00 E. v. Flttcher, ib. 23. 
 
 (z) E. v. Noakes, 5 C. & P. 326. 
 
 (y) E. v. Cosans, 1 Leach, C. C. 
 342. 
 
 00 43 & 44 Yict. c. 19, s. 86 ; and see 
 E. v. Ford, 4 X. & M. 451 ; 2 A. & E. 
 588 ; 1 H. & W. 46.
 
 INHERENT POWERS. 
 
 121 
 
 the tax is under 20, see 57 Geo. 3, c. 93, s. 1, and 7 & 8 Geo. 4, 
 c. 17 (a). 
 
 The collect' >r has priority over ordinary judgment debtors, and 
 over the landlord for rent due (fe). Where bankruptcy or liqui- 
 dation supervene, however, the power of distraint vanishes (c). 
 The collector's claim must here be proved in the ordinary way, 
 but is entitled to preferential payment (c). 
 
 To authorize a levy a demand of the specific sum must have 
 been made and payment refused (e). 
 
 Constables cannot be introduced, unless there be reasonable 
 ground to suppose that an assault will be committed or resist- 
 ance to the distress made (/). 
 
 Goods of a third person found on the premises are apparently 
 seizable (</). 
 
 A reasonable time must elapse between the demand and 
 distraint iu order to permit of complying with such demand or 
 the distraint will be unlawful (A). 
 
 So also will it be if it is made for a sum which is not actually 
 due ('). 
 
 The duties of the collector on seizure will be found stated 
 ante (/). 
 
 These officers collect income and land tax and house duty. 
 
 Priority. 
 
 Demand. 
 
 Introduc- 
 tion of 
 constables. 
 
 Goods of 
 
 third 
 
 person. 
 
 Reasonable 
 time to 
 elapse. 
 
 Must be 
 for sum 
 actually 
 due. 
 
 POST OFFICERS. 
 
 The power of these officers is principally as to detention and 
 opening of letters. 
 
 This may be done in the case of a letter returned for want of 
 true direction, or if the person to whom it is directed be dead, 
 or cannot be found, or shall have refused the same (&), or if it be 
 suspected to contain contraband goods (/), or is sent contrary to 
 regulations (m). 
 
 A post-master is unable to charge for delivery of letters, any 
 more than the established rates (n). 
 
 Officers may, after request and refusal to leave, remove persons 
 wilfully obstructing business in a post office (o). 
 
 (i) Charleton v. Alway, 11 A. & E. 
 993. 
 
 (./) Page 39. 
 
 (I) 7 Will. 4, c. 36, s. 25. 
 
 (1) 3 & 4 Viet. c. 96, s. 65. 
 
 (m) 10 & 11 Viet. c. 85, s. 10. 
 These regulations are bye-laws ; see 
 ante, p. 62. As to the interception 
 of letters, see R. v. James, 24 Q. B. D. 
 439 ; 17 Cox, 24. 
 
 (n) Smith v. Poicditch, Cowp. 182. 
 These rates are fixed by Treasury 
 warrant, 38 & 39 Viet. c. 22, s. 1. 
 
 (o) 47 & 48 Viet. c. 76, s. 9. 
 
 Post 
 officers. 
 
 Detention 
 f nd P en - 
 ! n f t f 
 
 Obstruct- 
 ing busi- 
 
 () Post, p. 180. 
 
 (6) 43 & 44 Viet. c. 19, s. 88. 
 
 (c) The Regent Stores, 38 L. T. 130 ; 
 42 J. P. 279. 
 
 (d) Bankruptcy Act, 1883, s. 40. ; 
 He Henley Co., 48 L. J. Ch. 147 ; 39 
 L. T. 53 ; 26 W. R. 885. 
 
 (e) R. v. Ford, 4 X. & M. 451 ; 2 
 A. & E. 588 ; 1 H. & W. 46 ; 42 & 43 
 Viet. c. 21, s. 25. 
 
 (/) R. v. Chirl-f, 4 N. & M. 671 ; 
 3 A. & E. 287; 1 H. & W. 252. 
 
 (00 Jason v. Dixon, 1 M. & G. 601. 
 (70 Gibbs v. Stead, 8 B. & C. 528.
 
 122 
 
 EXECUTIVE OFFICERS. 
 
 Contagious 
 
 diseases 
 
 inspectors. 
 
 Burial- 
 grounds 
 inspector. 
 
 Inebriates. 
 
 CONTAGIOUS DISEASES INSPECTORS. 
 
 These officers, who are under the orders of the Board of Agri- 
 culture, have the same powers as inspectors have under- the 
 Act (jp). 
 
 They may, on the representation of a local inspector that the 
 Act or an order or local regulation has not been complied with. 
 detain a vessel, a copy of the representation being delivered to 
 the master (g). 
 
 BURIAL-GROUNDS INSPECTOR. 
 
 The duty of this officer is to inspect burial-grounds in order 
 to ascertain whether the regulations (if any) made by the 
 Secretary of State in respect thereto, have been complied 
 with (r). 
 
 This officer also inspects retreats for inebriates for the same 
 purpose (s). In this case non-compliance with the regulations 
 constitutes an offence against the Act (f). 
 
 Cruelty to 
 
 animals 
 
 inspectors. 
 
 CRUELTY TO ANIMALS INSPECTORS. 
 
 These officers visit registered places to secure compliance with 
 the provisions of the Yivisection Act (w). 
 
 Except under special certificate, experiments must be per- 
 formed with a view to the advancement by new discovery of 
 physiological knowledge by a person holding a licence, but not 
 as an illustration of lectures, nor for the purpose of attaining 
 manual skill. The animal must be under the influence of a 
 sufficiently powerful anaisthethic (which does not include urari 
 or curare (v) ), and if it be seriously injured, be killed before it 
 recovers from the influence thereof. 
 
 Explosires 
 inspectors. 
 
 Entry. 
 
 EXPLOSIVES INSPECTORS. 
 
 These officers may for the purpose of making necessary 
 examination and inquiry, enter, inspect, and examine any factory, 
 magazine, or store of any explosive, and every part thereof, at 
 all times by day and night, but so as not to unnecessarily impede 
 or obstruct the work therein, and make inquiries as to the 
 observance of the Act, and all measures and things relating to 
 the safety of the public or of the persons employed therein. 
 
 And they may enter, inspect, and examine any premises 
 registered under the Act, and every part thereof in which any 
 
 (p) See ante, p. 66. 
 
 (g) 41 & 42 Viet. c. 74, s. 52, and 
 see 53 <5r 54 Viet. c. 14, s. 4. 
 
 (r) 18 & 19 Viet. c. 128, s. 8. See 
 bye-laws, ante, p. 62. 
 "(s) 42 & 43 Viet. c. 19, e. 15; 
 
 51 & 52 Viet. c. 19. 
 
 (0 42 & 43 Viet. c. 19, s. 17. 
 
 (w) 39 & 40 Viet. c. 77, s. 10. 
 
 (r) Sect. 4. As to Inspectors of 
 Anatomy, see 2 & 3 Will. 4. c. 75, 
 ss. 6, 17"
 
 INHERENT POWERS. 
 
 123 
 
 explosive is kept or is reasonably supposed by them to be kept 
 at all reasonable times by day. 
 
 They may require the occupier of any such factory, magazine, Samples, 
 store, or premises, or any person employed therein to give them 
 samples of any explosive or ingredient or substance (w), paying 
 therefor the market value thereof (a;). 
 
 FACTORY INSPECTORS. 
 
 This officer may, on producing, if required, the certificate of 
 his appointment, (1) enter, inspect, and examine at all reasonable 
 times, by day and night, a factory and workshop, and every part 
 thereof, when he has reasonable cause to believe that any person 
 is employed therein, and by day any place which he has reason- 
 able cause to believe is a factory or workshop ; (2) take with him 
 in either case a constable, if he has reasonable cause to apprehend 
 serious obstruction ; (3) require the production of documents 
 kept in pursuance of the Act, and inspect, examine, and copy 
 the same ; (4) make necessary examination and inquiry as to 
 whether this and the Public Health Acts, have been complied 
 with ; (5) enter any school in which he has reasonable cause to 
 believe that children employed in a factory or workshop are 
 educated ; (6) examine any person in such factory, &c., or 
 school as to matters under the Act, and require them to sign a 
 declaration of the tnith of their statements ; (7) exercise other 
 necessary powers (y). 
 
 This power may be exercised whether or not the factory or 
 workshop is used as a dwelling (z). 
 
 The powers are not to be exercised as to retail bakehouses 
 unless there is reasonable cause to believe that a child, young 
 person, or woman is employed therein (a). 
 
 But they may be extended (by direction of the Secretary of 
 State) to any place of public entertainment at which the 
 employment of a child is for the time being licensed (&). 
 
 Factory 
 inspectors. 
 
 Entry. 
 
 Bake- 
 houses. 
 
 Cruelty to 
 children. 
 
 MINES INSPECTORS. 
 
 This officer may (1) make such examination and inquiry as is Mines 
 necessary to ascertain whether the provisions of this Act are inspectors. 
 complied with ; (2) enter, inspect, and examine any mine and 
 
 (0 38 & 39 Viet. c. 17, s. 55; 
 46 & 47 Viet. c. 3, s. 8, and see ante, 
 p. 92. 
 
 (as) 38 & 39 Viet. c. 17, s. 76. 
 
 (y) 41 & 42 Viet. c. 16, ss. 68, 70. 
 This Act does not apply to workshops 
 where no child, young person, or 
 woman is employed, s. 93 (except 
 under sanitary provisions, which ex- 
 tend also to laundries 54 & 55 Viet. 
 c. 75, ss. 1, 2), nor to private house or 
 
 room where straw-plaiting, pillow- 
 lace, or glove-making is carried on 
 B. 97 ; or any trade where the labour 
 is exercised at irregular intervals, 
 and does not furnish the whole or 
 principal means of living s. 98. 
 
 (z) 54 & 55 Viet. c. 75, s. 25. 
 
 (a) 46 & 47 Viet. c. 53, s. 17 ; and 
 eee 54 & 55 Viet. c. 75, s. 37. 
 
 (6) 52 & 53 Viet. c. 44, s. 3.
 
 124 
 
 EXECUTIVE OFFICERS. 
 
 any part thereof at all reasonable times by day and night, but 
 so as not to impede or obstruct the working of the mine ; 
 
 (3) examine and make inquiry respecting the state and condition 
 of any mine or part thereof, ventilation, sufficiency of special 
 rules and all measures and things connected with the safety of 
 persons employed in or contiguous thereto, or the care and 
 treatment of the horses and other animals used therein ; 
 
 (4) exercise all other necessary powers (c). 
 
 MERCHANT SHIPPING INSPECTORS. 
 
 Merchant 
 
 shipping 
 
 inspectors, 
 
 Every officer of the Board of Trade, commanding officer of 
 any commissioned ship on full pay, consular officer, registrar 
 general of seamen, chief officer of customs, and shipping master 
 may, where he has reason to suspect that the provisions of the 
 Merchant Shipping Act, or the laws relating to merchant seamen 
 and navigation are not complied with, (1) require the owner, 
 master, or any of the crew of a British ship to produce any 
 official log-books or documents, or a list of persons on board ; 
 
 (2) muster the crew ; or (3) require the master to answer 
 questions concerning the ship, crew or documents (cT). 
 
 Board of Inspectors of the Board of Trade appointed to report (a.) as to 
 
 Trade accidents to vessels ; (b.) whether the Act is complied with ; 
 
 inspectors. (Q^ whether the hull or machinery of steamships are in good 
 
 condition, may (1) go on board any ship and inspect the same 
 
 or any of the machinery, boats, equipments, or articles on board 
 
 thereof, not unnecessarily detaining her ; (2) enter and in>pect 
 
 any premises necessary for the purpose of making his report ; 
 
 (3) and require the production of all books, papers, &c. (e). 
 Surveyors. The sur veyors may board any passenger steamship at all 
 
 reasonable times and inspect the same and all machinery, &c., 
 certificates, thereof, not unnecessarily detaining her, and, if 
 necessary, require the ship to be taken into dock for examina- 
 tion (/). 
 
 Receivers. On a ship being stranded or in distress the receiver may take 
 command of all persons present and issue directions for the 
 preservation of the ship, persons on board, and cargo (0). For 
 these purposes he may summon assistance, require the master of 
 a ship near to lend aid and demand the use of any wagon, cart, 
 or horses near (/*). 
 
 (e) Sect. 15. As to explosives, 
 see 38 & 39 Viet. c. 17, s. 58. 
 
 (/) 17 & 18 Viet. c. 104, s. 306. 
 As to life-saving apparatus, Bee 
 51 & 52 Viet. c. 24, s. 5 ; and as to 
 lights and signals, 25 & 26 Viet. 
 c. 63, s. 30. 
 
 (g) 17 & 18 Viet. c. 104, s. 441. 
 He cannot interfere between master 
 and crew unless requested by master 
 to do so. 
 
 (ft) Sect. 442. 
 
 (c) 50 & 51 Viet. c. 58, a. 41. 
 35 & 36 Viet. c. 77, s. 17, is to the 
 like effect, which Act refers to metal- 
 liferous mines. An inspector umler 
 this latter Act may exercise the 
 powers under the former Act if 
 directed to do so by the Secretary of 
 State 50 & 51 Viet. c. 58, s. 39. The 
 decision of the Secietary of State 
 that either of these Acts applies to 
 any particular mine is final s. 71. 
 
 (rf) 17 & 18 Viet. c. 104, s. 13.
 
 INHERENT POWERS. 
 
 125 
 
 He may cause persons plundering, creating obstruction or Arrest, 
 disorder to be apprehended, and force to be used for the suppres- 
 sion of such plundering, disorder or obstruction (i). 
 
 In such cases the receiver and his assistants may, unless there Entry, 
 is a public road equally convenient, enter and pass over adjoining 
 lands and deposit cargo, &c., thereon. Any damage is recover- 
 able as salvage (j). And in the absence of the receiver, or 
 principal officer ot customs or coastguard, officers of inland 
 revenue, sheriff, justice, or commissioned officers, may act in that 
 capacity (&). 
 
 Whenever any salvage is due under this Act the receiver shall, 
 if due for services rendered to save ship, persons or cargo, 
 detain the ship and cargo until payment or process of detention Detention, 
 issues from competent Court; if due for saving of wreck, detain 
 wreck in like manner. But on security being given he may 
 release the same (Z). 
 
 In such cases of detention, if parties liable to pay are aware 
 of it, he may, if amount not disputed and payment not made in 
 twenty days after becoming due, sell the same or a sufficient Sale, 
 part thereof, and out of the proceeds pay the expenses and salvage 
 and the surplus, if any, to the owners. In other cases there 
 must be a judgment of a competent tribunal before sale (m). 
 
 A detaining officer is to have the same powers as an inspector 
 of the Board of Trade (). 
 
 For the purposes of survey, he may go on board the ship and 
 inspect the same, and every part thereof, and the machinery, 
 equipments, and cargo, and may require the unloading or 
 removal of any cargo, ballast, and tackle (o). 
 
 And any officer of the Board may seize and detain any ship 
 liable to detention under the Foreign Enlistment Act (p). 
 
 Detaining 
 officer. 
 
 Harbours, Docks, and Piers. 
 
 With regard to harbours, docks, and piers, the collector of 
 rates may either alone or with any other persons enter any 
 vessel within the limits of the harbour, &c., to ascertain the 
 rates payable in respect of such vessel or the goods therein (3). 
 
 The master of every registered vessel must on demand pro- 
 duce the certificate of the registry to the collector (r). Where 
 goods are to be unshipped, the master must in case of the whole 
 cargo furnish the collector with a copy of the bill of lading, and 
 in case of part of the cargo, with the best account in his power 
 of the goods to be unshipped, and give twelve hours' notice of 
 the time of unshipment (s) ; and before shipment an account Shipment. 
 
 Harbours, 
 
 &c. 
 
 Kate 
 
 collector. 
 
 Entry. 
 
 Certificate. 
 
 Unship- 
 ment. 
 
 (e) S. ct. 444. 
 
 (j) Sect. 446. 
 
 (fc) Sect. 445. 
 
 (0 Sect. 468. 
 
 (m) Sect. 469. 
 
 (0 39 & 40 Viet. c. 80, s. 12. 
 
 (o) As to foreign ships overloading, 
 see s. 13. 
 
 O) 33 & 34 Viet. c. 90, s. 21. 
 (g) 10 Viet. c. 27, s. 31. 
 (r) Sect. 36. 
 () Sect, 37.
 
 126 
 
 EXECUTIVE OFFICERS. 
 
 Dispute. 
 
 Non-pay- 
 ment of 
 rate for 
 vessel. 
 
 Distraint. 
 
 Appraise- 
 ment. 
 
 Sale. 
 
 Rate for 
 goods. 
 
 Duties. 
 
 Dispute. 
 
 Harbour 
 master. 
 
 Entry of 
 vessel and 
 position. 
 
 For dis- 
 charge or 
 loading. 
 Dismant- 
 ling. 
 Remove 
 unservice- 
 able 
 vessels. 
 Ballast. 
 Removal 
 by master. 
 
 Entry to 
 search for 
 lights. 
 
 must be delivered to the collector (f). In case of dispute "be- 
 tween the master and collector, the goods are to be weighed or 
 measured, the expense thereof if the weight, &c., be greater 
 than that stated, to fall on the master (u). 
 
 If rate not paid the collector may with such assistance as he 
 may deem necessary go on board and demand payment, and on 
 non-payment distrain or arrest of his own authority such vessel, 
 and the tackle, apparel, and furniture belonging thereto, and 
 detain the same until payment. If not paid within seven days 
 he may cause the same to be appraised by two sworn appraisers 
 and afterwards sold, and with the proceeds satisfy the rates and 
 expenses of taking, keeping, selling, and appraising, and render 
 the overplus to the owner on demand (). 
 
 A similar power is conferred in case of non-payment of rate 
 for goods, and if they have been removed, he may distrain any 
 other goods within the harbour, dock, or pier belonging to the 
 pei son liable to pay (tc). 
 
 In either case dues to Her Majesty must be first deducted out 
 of the proceeds of sale (#). 
 
 If any dispute arise as to the rate or charges for distraint, 
 the collector may detain the goods until the proper amount be 
 ascertained by a jus! ice (#). 
 
 The harbour, dock, or pier-master may give directions for 
 regulating the time at which and the manner in which any 
 vessel shall enter into, go out of, or lie in or at the harbour, &c., 
 and its position, mooring, or unmooring, placing, and removing 
 whilst therein. 
 
 As to indicating a spot at which the vessel might take the 
 ground, he must apparently use due care to select a spot at 
 which she might do so with safety (z). 
 
 The position for taking in or discharging cargo, passengers, 
 or ballast. 
 
 The manner of dismantling. 
 
 For removing unserviceable vessels and other obstructions, 
 and for regulating the quantity of ballast for a vessel during 
 delivery or after discharge of cargo (a). 
 
 This officer may himself cause vessels to be removed if he put 
 a sufficient number of persons on board for protection, and there 
 be no person in charge to attend to his directions (6) ; or after 
 three days' written notice to the master for the purpose of 
 repairing the harbour (c). 
 
 He may enter any vessel in the harbour, or dock, or near the 
 
 (t) Sect. 39. 
 () Sects. 40, 41. 
 (r) Sect. 44. 
 (tc) Sect. 45. 
 (x) Ibid. 
 (i/) Sect. 46. 
 
 (z) See Little v. Port Talbot Co., 
 7 T. L. R. 699. 
 
 (a) Sect. 52. Nothing done must 
 be repugnant to the Customs' law or 
 regulations. An unreasonnble t/.v-r- 
 cise of power is subject to a penalty 
 not exceeding 5 s. 53. 
 
 (6) Sect. 55. 
 
 (c) Sect. 65.
 
 INHERENT POWERS. 
 
 127 
 
 pier, to search for fire or light, contrary to the provisions of this 
 or the special (d) Act or any bye-law, and extinguish the 
 same (e). 
 
 Harbour constables have the same powers, protection, and 
 privilege as constables (/) 
 
 Piers, &c., under provisional orders are subject to the Mer- Piers under 
 chant Shipping Act (</), and any general Act passed relating to provisional 
 harbours and dues Qi). or ers ' 
 
 Harbour 
 constables. 
 
 EAILWAY INSPECTORS. 
 
 -These officers may enter and inspect any railway, and all the Railway 
 stations, works, buildings, offices, stock, plant, and machinery inspectors. 
 belonging thereto (i). 
 
 WATER BAILIFFS. 
 
 Any water bailiff may, acting within the limits of his district, Water 
 on production of the instrument of his appointment (/), examine baili/s. 
 any weir, dam, fishing-weir, fishing-mill, fixed engine or ob- Examine 
 struct ion on any artificial water-course connected with any weirs, &c. 
 salmon river ; stop and search on any salmon river any boat, Search 
 &c., used in fishing on which there is reason to suspect (k ) con- boats, 
 tains salmon, and seize any fish, instruments of fishing, or other 
 articles forfeited in pursuance of the Acts ; and search and Seize 
 examine all nets, &c., and other instruments used in fishing or forfeited 
 carrying fish by persons reasonably suspected of having fish articles, 
 illegally caught, and seize all fish and other articles forfeited (I). Search 
 
 Lights, spears, &c., are forfeited (m) and roe as bait (), nets P ei ' sons - 
 of improper mesh (o), fixed engines in tidal waters (j>), or not 
 removed within thirty- six hours after commencement of close 
 season (3), and nets used at the tail-race of a mill, or below a 
 dam where no fish pass (r), or during close time (i), and fish 
 caught by such means, and unseasonable fish (). 
 
 (d) This includes piers, &c., con- 
 structed under provisional orders. 
 
 (e) Sect. 72. 
 
 (/) Sect. 79, and see ante, p. 76, 
 et seq. 
 
 (g) 17 & 18 Viet. c. 104. 
 
 (ft) 25 & 25 Viet. c. 19, s. 21. 
 
 (i) 34 & 35 Viet. c. 78, s. 4. 
 
 (j) This is a condition precedent 
 to the exercise of the power : Barna- 
 cott v. Passmore, 19 Q. B. D. 75; 56 
 L. J. M. C. 99; 35 W. R. 812; and 
 see Cowler v. Jones, 54 J. P. 660. 
 
 (fc) As to what is reasonable sus- 
 picion, see ante, p. 82. 
 
 (0 36 & 37 Viet. c. 71, s. 36, ex- 
 t< nded to any fresh-water fish by 
 47 & 48 Viet. c. 11, s. 3, which 
 
 applies these provisions to all waters 
 frequented by such fish. 
 
 (m) 24 & 25 Viet. c. 109, s. 11. 
 
 (n) Sect. 9. 
 
 (o) Sect. 10. 
 
 (p) Sect. 11. 
 
 (g) 24 & 25 Viet. c. 109, s. 20. 
 The close time for bream, grayling, 
 gudgeon, perch, pike, and tench, is 
 March to June ; for salmon and trout, 
 September to January inclusive. 
 
 (r) Sect. 12, and 36 & 37 Viet. c. 71, 
 s. 17. 
 
 (s) 28 & 29 Viet. c. 121, s. 58. 
 
 (*) 24 & 25 Viet. c. 109, ss. 14-21 : 
 28 & 29 Viet. c. 21, s. 64 ; and 36 & 37 
 Viet. c. 71, ss. 19, 20.
 
 128 
 
 EXECUTIVE OFFICERS. 
 
 Privileges 
 as con- 
 stables. 
 
 Arrest of 
 offenders. 
 
 Production 
 of licence. 
 
 names. 
 
 Nets, stationary by mechanical contrivance, are fixed en- 
 gines (w), but not if merely stretched across river by corks (v). 
 
 Any one may destroy an illegal fixed engine (w), and in such 
 case the person so destroying the engines is not liable to be 
 proceeded against for damages (a;). 
 
 As to unseasonable fish, it is necessary to secure a conviction 
 that the taker should know them to be such (j/). But to take 
 fish unlawfully they must be alive (z). 
 
 While acting within their authority they are to have the same 
 powers, privileges, and protection as constables (a). 
 
 This officer and his assistants may arrest persons between the 
 expiration of the first hour after sunset and the last hour before 
 sunrise illegally taking or killing salmon, or found in or near a 
 salmon river with intent (6), or persons putting noxious material 
 into a river with intent to destroy fish (c). 
 
 They may require any person found fishing for salmon to 
 produce his licence (d). 
 
 A licence is required where a man uses any device by which 
 salmon may be caught, and not only a device for the purpose of 
 catching salmon (e). 
 
 Thames. 
 
 On the river Thames any water bailiff may enter into any 
 fishing-boat or other vessel employed, or about to be employed, 
 in fishing, and therein search for fish unlawfully taken, and any 
 unlawful or prohibited net or apparatus for taking or destroy- 
 ing fish, and may seize any such fish, apparatus, &c. (/). 
 
 The conservators are authorized to make bye-laws for the 
 protection of fish (</). 
 
 Alkali 
 works 
 inspectors. 
 
 ALKALI WORKS INSPECTORS. 
 
 These officers may at all reasonable times by day and night, 
 without notice, but so as not to interrupt the manufacture, enter 
 and inspect any work to which the Act applies, and examine any 
 process for the evolution, or condensation, or rendering harm- 
 less of noxious gas, and any place where alkaline waste is treated, 
 
 (w) Gore v. The Special Commis- 
 sioners, L. R. 6 Q. B. 561 ; 40 L. J. 
 Q. B. 252; Olding v. Wild, 14 L. T. 
 402. 
 
 (T>) Wafts v. Lucas, 40 L. J. M. 0. 
 73 ; L. R. 6 Q. B. 226 ; 24 L. T. 128 ; 
 19 W. R. 470 ; Thomas v. Jones, 34 
 L. J. M. C. 45; 13 W. R. 154; 11 
 L. T. 450 : but see Eawstone v. Bach- 
 house, 37 L. J. C. P. 26 : L. R. 3 C. P. 
 67 ; 17 L. T. 441 ; 16 W. R. 249. 
 
 (w) 24 & 25 Viet, c 109, s. 11. 
 
 (x) William* v. Blaclcwall, 8 L. T. 
 N. S. 252 ; 32 L. J. Ex. 174 ; 11 W. R. 
 021 ; 9 Jur. 579. 
 
 (y) Hopton v. Thirlwall, 9 L. T. 
 327 ; 3 N. R. 70 ; 12 W. R. 72. 
 
 (z) Gazard v. Cooke, 55 J. P. 102. 
 
 (a) 36&37 Viet. c. 71,s. 36. 
 
 (6) 36 & 37 Viet. c. 71, s. 38 ; and 
 see 47 & 48 Viet. c. 11, s. 3, supra. 
 
 (c) 24 & 25 Viet. c. 97, s. 61. 
 
 (d) 28 & 29 Viet, c. 121, s. 37. 
 This power is also vested in con- 
 servators. 
 
 (e) Lyne v. Leonard, L. R. 3 Q. B. 
 156; Watts v. Lucas, 6 ib. 226. 
 
 (/) 27 & 28 Viet. c. 113, s. 66. 
 (y) Sect. 65, and see ante, p. 62.
 
 INHERENT POWERS. 129 
 
 or any liquid containing acid is likely to come in contact with 
 alkaline waste, and generally to ascertain whether the pro- 
 visions of the Act are complied with (h). They may apply 
 tests and make experiments. And the owner must render 
 assistance, and furnish on demand plans of any process (). 
 
 (ft) 44 & 45 Viet. c. 37, s. 16. 
 (i) Sect. 17. These works are required to be registered by s. 11.
 
 130 EXECUTIVE OFFICERS. 
 
 MINISTER. 
 
 Minister. With regard to the office of minister, it should be premised 
 that the freehold of churches and churchyards is in the rector or 
 vicar (a), and in consequence he is entitled to the possession of 
 Keys. the keys, and a duplicate obtained by a churchwarden has been 
 
 ordered to be given up (&). " The minister has, in the first 
 instance, the right to the possession of the key, and the church- 
 wardens have only the custody of the church under him. If 
 the minister refuses access to the church on fitting occasions, he 
 will be set right on application and complaint to higher 
 authorities" (c). 
 
 The possession of the church is in the minister and church- 
 wardens, and no person has a right to enter it when it is not 
 open for divine service except with their permission and under 
 their authority (d). 
 
 Bells. Subsidiary to this right is that of ringing the bells and play- 
 
 Organ. * n g the organ at, or before, or after divine service or otherwise. 
 
 The consent of the incumbent is necessary in both cases (e). 
 Burial. Every person is by the common law entitled to burial in the 
 
 churchyard of the parish in which he died (/) without any fee, 
 unless there be a custom to pay such fee (g). But where a dis- 
 trict which has a burial-ground becomes a separate and distinct 
 parish, there is no right of burial in the old parish (A). 
 
 The intervention of the High Court is confined to the enforce- 
 ment of the common law right (?'), and does not extend to the 
 mode of burial (j) nor the spot at which it takes place (&). 
 
 Connected with this subject is that of monuments and in- 
 scriptions. 
 
 Monu- In the case of monuments, whether they are affixed to the 
 
 ments. y?all or merely placed there as coats of arms are, the consent of 
 
 the vicar or rector is necessary (J). But if he remove them 
 
 after being properly erected, " he is subject to an action to the 
 
 heir and his heirs in the honour and memory of whose ancestor 
 
 (a) Phil. EC Law, 1756. (/) R. v. Taylor, 7 Davy. 278 MS. ; 
 
 (6) Dewdney v. Good, 1 Jur. N. S. E. v. Coleridge, 2 B. & A. 806. 
 
 763; Eitchings v. Cordingley, L. R. (0) Andreics v. Caicthorne, Willes, 
 
 3 Ad. & EC. 113. 536. 
 
 (c) Per Sir J. Nicholl : Lee v. (A) Hughes v. Lloyd, 22 Q. B. D. 
 Matthews, 3 Cons. 173. 157; 5 Ti. R. 145; 37 W. R. 380. 
 
 (d) Per Sir J. Xiclioll : Jarratt v. (0 E. v. Coleridge, ubi sup. 
 Steele, 3 Phil. 167 ; and see Griffin v. (_/) E. v. Taylor, ubi sup. 
 Deighton, 5 B. & S. 93 ; 33 L. J. Q. B. (fr) Prideaux, 15th ed., 452. 
 29,181; 5 B. & S. 93. (1) Maidman v. Malpas, I Hagg. 
 
 (e) Phil. 1756, 1757. Sco Wijnd- Cons. 20rf; 2 Str. 1080. 
 ham \. Coif. 1 P. D. 130.
 
 INHERENT POWERS. 
 
 131 
 
 they were set up " (m). As to gravestones, no consent appears 
 to be necessary for their erection (n). 
 
 With reference to inscriptions, " no person has a right to Inscrip- 
 inscribe on a tombstone what his fancy may suggest, e.g. if tions - 
 such inscription should impugn the doctrine or discipline of the 
 Church of England . . . the inscription would be struck out " (o). 
 But the words " The Eev." before H. K., Wesleyan Minister, 
 in an inscription, otherwise unobjectionable, was held not a 
 sufficient justification for the incumbent refusing to allow the 
 tombstone to be erected (p). 
 
 It seems doubtful whether there is any obligation on the Marriage, 
 minister to perform the ceremony of marriage (5). 
 
 CHURCHWARDENS. 
 
 It is the duty of churchwardens to enforce proper and orderly Church- 
 behaviour during divine service (r), and for this purpose they war ^ ens - 
 may direct in what particular seats, whether free or otherwise, Seats, 
 persons shall sit (s). There is apparently no such duty when 
 no service is being held (ss). 
 
 Pews belong to the parish for the use of the inhabitants, and 
 cannot be sold or let but by special Act of Parliament. The 
 churchwardens must exercise a just discretion in the allotment 
 of pews (<). A pew can only be appropriated to a house by 
 faculty or prescription. If allotted to an inhabitant who ceases 
 to be such, he cannot let it with and thus annex it to his 
 house (M). 
 
 A o power but the Legislature can deprive the inhabitants of 
 a parish of their general right to be seated in the church (y) ; 
 and an action for damages will lie against these officers who 
 refuse admission to a parishioner (w). Keither can they dis- 
 possess any one of a sitting which he has enjoyed for a time, 
 without giving notice of their intention and offering an oppor- 
 tunity for objection and explanation (#). 
 
 These officers may apprehend any person guilty of riotous, Brawling, 
 violent, or indecent behaviour in any church, chapel or church- 
 yard during divine service or otherwise (y). 
 
 (m) Inst. 18 b. 
 
 (ra) Brice, Pub. Wor. p. 229. 
 
 (o) Brecks v. Wolfrey, 1 Curt. 887. 
 
 (p) Keet v. Smith, 4 A. & E. 398; 
 1 P. D. 73. 
 
 (q) Davis v. Slack, 1 Q. B. 900; 
 E. v. Moorhouse James, 2 Dea. C. C. 1. 
 
 (r) Burder v. Selmes, 1 EC. & Ad. 
 114; Burton v. Henson, 10 M. & W. 
 105 ; Ilutchins v. Denziloe, 1 Hagg. 
 Cons. 170. 
 
 (s) Asher v. Calcraft, 18 Q. B. D. 
 607 ; 56 L. J. M. C. 57 ; 56 L. T. 490 ; 
 35 W. B. 651 ; 51 J. P. 598 ; Fuller 
 v. Lane, 2 Add. 425. 
 
 (ss) Worth v. Torrington, 13 M. & W. 
 781. 
 
 (0 Wyllie v. Mott, I Hagg. EC. 28. 
 
 (w) Ibid. 39, 34 ; Halliday v. Phil- 
 lips, 23 Q. B. D. 48 ; 4 Ti. R. 640 ; 
 1891, A. C. 228 ; 64 L. T. 745. 
 
 () Astley v. Biddle, 1 Hagg. Cons. 
 318, n. 
 
 (w) Taylor v. Timson, 20 Q. B. D. 
 671 ; 57 L. J. Q. B. 286 ; 52 J. P. 
 135. 
 
 (x) Horsfall v. Holland, 6 Jur. 
 N.S. 278. 
 
 (/) 23 & 24 Viet. c. 32, ss. 2, 3. 
 
 K 2
 
 132 
 
 EXECUTIVE OFFICERS. 
 
 The disturbance must be wilful and intentional (z), but in- 
 cludes the case of a person persisting in going to one part of the 
 church when directed to sit in another (a). 
 
 They may also arrest persons molesting any clergyman 
 ministering or celebrating any sacrament or other divine rite or 
 service (6). 
 
 This does not apply to the case of a clergyman collecting 
 alms after the service is over (c). 
 
 They may pull off a man's hat irreverently worn (eZ). But 
 before a person is assaulted he should be requested to retire (e). 
 
 Overseers. 
 
 Arrest of 
 lunatic. 
 
 Paupers. 
 
 Workhouse 
 officers. 
 
 Lunatics. 
 
 Paupers. 
 
 OVERSEERS. 
 
 Every overseer or relieving officer having knowledge that any 
 person wandering at large within the parish is deemed to be a 
 lunatic may apprehend such person and take him before a 
 justice (/) or remove him to the workhouse (#). 
 
 If the circumstances are such as to justify their interfence, 
 and an action for false imprisonment be successfully brought 
 against them they are not necessarily liable to pay the damages 
 and costs awarded personally (K). 
 
 These officers may search paupers on admission to the 
 workhouse, and deliver any money found upon them to the 
 guardians (i). 
 
 Workhouse Officers. 
 
 This power of search is extended to workhouse officers (j). 
 
 Alleged lunatics brought to the workhouse may be detained 
 for three days (&), or on a proper certificate for fourteen days (I) 
 or more (m). 
 
 They may receive chronic lunatics (n), and within fourteen 
 days of an escape they, or asylum officers, may retake an escaped 
 lunatic (o). 
 
 Paupers offending against the poor laws are deemed idle and 
 disorderly under the Vagrant Act (jp). These officers may take 
 such offenders before justices without warrant, and, if required 
 to do so, from thence to gaol, and while so acting, are to have all 
 the powers and privileges of constables (g). 
 
 (z) Williams v. Glenister, 2 B. & C. 
 699. 
 
 (a) Asher v. Calcraft, ubi sup. 
 (6) 23 & 24 Viet. c. 32, s. 2. 
 
 (c) Cope v. Barber, L. R. 7 C. P. 
 393; 41 L. J. M. C. 137; 26 L. T. 
 891 ; 36 J. P. 439. 
 
 (d) 1 Hawk. P. C. c 63, s. 29 ; and 
 see Etynolds v. MonJdon, 2 M. & R. 
 384. 
 
 (e) Bollard v. Bond, I Jur. 7. 
 (/) 53 & 54 Viet. c. 5. ss. 15, 20. 
 (j7) 48 <Sr 49 Viet. c. 52, e. 2. 
 
 (h) Att.-Gen. v. Pearson, 10 Jur. 
 651. 
 
 (t) 10 & 11 Viet. c. 110, s. 10. 
 
 U) Ibid. 
 
 (A-) 53 & 54 Viet. c. 5, s. 20. 
 
 (I) Sect. 24. 
 
 (TO) Sect. 25, 26. 
 
 (n) Sect. 26. 
 
 (o) Sect. 85. 
 
 (p) 34 & 35 Viet. c. 108, s. 7 ; and 
 see ante, p. 96. 
 
 (3) Ibid, s. 8.
 
 INHERENT POWERS. 
 
 133 
 
 Casuals cannot discharge themselves before 9 A.M. the second Casuals, 
 morning after admission, nor where admitted more than once in 
 a month before the fourth morning, and during the interval they 
 may be removed by these officers or a constable to the workhouse 
 from the casual ward (). 
 
 HIGHWAY SURVEYORS. 
 
 A highway is any road dedicated expressly or impliedly to 
 the public, and used, whether or not the necessary steps have 
 been taken under the Highways Act of 1835, to make it re- 
 pairable by the parish (s). But a mere occupation road is not a 
 highway, although they may co-exist (f). 
 
 Justices may unite parishes into districts and appoint district 
 surveyors, who are to have the same powers as highway sur- 
 veyors (u), and the powers as to getting materials and preventing 
 nuisances are extended to surveyors of county bridges and roads 
 at the end thereof (). 
 
 Highway surveyors and surveyors of county bridges are not 
 responsible in damages to travellers who have sustained injury 
 from the highway or bridge being out of repair (M?). 
 
 The surveyor may make a road through the grounds adjoining 
 any ruinous or narrow part of the highway (not being the site or 
 ground whereon any house stands, nor being a garden, lawn, yard, 
 court, park, paddock, plantation, planted walk or avenue to any 
 house or inclosed ground set apart for building ground, or as a 
 nursery for trees) to be used as a highway while the old road is 
 repairing or widening (a;). 
 
 Obstructions from snow or the falling of banks are to be 
 removed by the surveyor within twenty-four hours after notice 
 from a justice (/). 
 
 Where the ratepayers convey the material to repair it is to be 
 at such times and places as the surveyor may direct (spring, seed- 
 time and harvest excepted) (z). 
 
 If the surveyor shall make pits for getting materials he shall 
 forthwith cause the same to be sufficiently fenced off while the 
 pit continues open, and within three days after opening where 
 no materials found cause the same to be filled up and covered 
 with the turf taken out of the same, and where materials are 
 found, within fourteen days after sufficient materials are 
 obtained, cause the same to be filled up, if so required by the 
 
 (r) 45 & 46 Viet. c. 36, s. 4. 
 
 (s) Roberts v. Hunt, 15 Q. B. 17 ; 
 Fawcettv. York Railway, Wib. 641, n. 
 
 (0 Brownlow v. Tomlinson, 1 M. 
 & G. 484. 
 
 (M) 5 & 6 Will. 4, c. 50, ss. 14, 16. 
 This Act does not apply to the 
 Metropolis. 
 
 O) Sect. 22. 
 
 (w*) Young v. Davis, 2 H. & C. 
 197; 7 H. & N. 760; 31 L. J. Ex. 
 
 254 ; M'Kinnon v. Penson, 9 Ex. 609. 
 
 (a;) Sect. 25. 
 
 (y) Sect. 26, and as to nuisances, 
 see s. 73, and Mill v. Hawker, L. R. 
 10 Ex. 62 ; 44 L. J. Ex. 49 ; 33 L. T. 
 177; 39 J. P. 195; 33 W. R. 346. 
 There is no obligation to remove 
 them : Morgan v. Leech, 10 M. & W. 
 558 ; 12 L. J. M. C. 4 ; 6 J. P. 818. 
 
 (z) Sect. 35. 
 
 Highway 
 surveyors. 
 
 Surveyors 
 of districts 
 and county 
 bridges. 
 
 Liability 
 for non- 
 repair. 
 
 Road 
 
 through 
 
 adjoining 
 
 grounds. 
 
 Obstruc- 
 tions. 
 
 Ratepayers 
 
 conveying 
 
 material. 
 
 Fencing 
 holes. 
 
 Filling up.
 
 134 
 
 EXECUTIVE OFFICERS. 
 
 Materials 
 in heaps. 
 
 Damage to 
 
 bridges, 
 
 &c. 
 
 Cleanse 
 water- 
 course. 
 
 Encroach- 
 ments. 
 
 Arrest of 
 unknown 
 offenders. 
 
 owner, within twenty one days after appointment. Pits not 
 likely to be useful to be filled up, and those likely to be useful to 
 be sufficiently fenced (a). 
 
 He must not allow materials in heaps to remain at night to 
 the danger of passengers (6). But he is apparently not liable 
 under this section, nor at common law if a road under repair be 
 left without fence or light (c). 
 
 He cannot dig for materials whereby any bridge, well, building, 
 dam, highway, occupation road, ford, mines, tin works, or other 
 works may be damaged (d). 
 
 He may make, scour, cleanse and keep open all ditches, 
 gutters, drains, or watercourses, and also make and lay such 
 tracks, tunnels, plats or bridges as he shall deem necessary in 
 and through any lands or grounds adjoining. The damage in 
 such case payable to the owner to be settled by a justice (e). 
 
 Tender of satisfaction for damage done is not a condition 
 precedent to entry (/). 
 
 He may take away and remove any encroachment (</). 
 
 But the defendant must first be summoned (Ji). 
 
 This does not apply to buildings not actually on the high- 
 way ('), but it does apply to any erection which makes the 
 highway less commodious (j ). 
 
 Any person witnessing the commission of an offence may 
 seize and detain the offender if unknown (&). 
 
 The offences are : 
 
 Carrying away materials belonging to surveyor (I). 
 
 Riding on footpaths by the side of roads (m), or leading 
 animals, carriages, &c., upon them, or tethering animals 
 thereon. 
 
 Obstructing footways. 
 
 This does not extend to a right to plough up (), nor to a 
 perambulator (o), but there can be no right to erect stalls for 
 refreshments (p). 
 
 (0) Sect. 55 Penalty for default 
 not to exceed 10. 
 
 (fe) Sect. 56, a penalty not exceed- 
 ing 5. 
 
 (c) Taylor v. Greenhalgh, L. E. 
 9 Q. B. 487. See Pendlebury v. 
 Greenhalgh, 1 Q. B. D. 36 ; 45 L. J. 
 Q. B. 3 ; but see Fearnley v. Ormsby, 
 L. E. 4 C. P. D. 136 ; 43 J. P. 384. 
 
 (d) Sect. 57. Penalty 5, and 
 civil liability to remain. See Peters 
 \. Clarson,'l3 L. J. M. C. 153; 7 
 M. & G. 548 ; 8 Jur. 648 ; 8 Sc. N. E. 
 384. 
 
 (e) Sect. 67. 
 
 (/) Peters v. Clarson, ubi sup. 
 (3) Sect. 69. 
 
 (A) Cooper v. Wandsworth Board, 
 ante, p. 34. 
 
 (1) Chapman v. Robinson, 1 E. & E. 
 
 25 ; 28 L. J. M. C. 30 ; 22 J. P. 735 ; 
 7 W. E. 12 ; 5 Jur. 434. 
 
 (/) Denny v. Thicaites, L. E. 2 
 Ex. D. 21 ; 46 L. J. M. C. 141 ; 35 
 L. T. 628; 41 J. P. 164; Evans v. 
 Oakley, 1 C. & K. 125; 7 J. P. 660; 
 Chapman v. Robinson, 28 L. J. M. C. 
 30. 
 
 (A-) Sect. 79. 
 
 (Z) Sect. 47. 
 
 (m) Sect. 72. 
 
 (?t) Mercer v. Woodyate, 39 L. J. 
 M. C. 21 ; 10 B. & S. 833; L. E. 5 
 Q. B. 26 ; 21 L. T. 458 ; 23 J. P. 
 759 ; 18 W. E. 116; Woolley v. Cor- 
 bixhlry, 24 J. P. 773. 
 
 (o) R. v. Matthias, I F. & F. 570. 
 
 (p) Simpson v. Wells, L. E. 7 Q. B. 
 214; 41 L. J. M. C. 105; 26 L. T. 
 163 ; 36 J. P. 774.
 
 INHERENT POWERS. 135 
 
 Destroying the surface. 
 
 This includes a footway over a field (<j>). 
 
 Damaging banks, causeways, direction posts, or milestones. 
 
 Playing games to annoyance of passengers (r). 
 
 Hawkers, or gypsies, pitching tents, or encamping. Making 
 fires, or firing guns or fireworks within fifty feet of the centre of 
 the road. 
 
 There must be here injury, interruption or damage to the 
 passengers (s). A burning tar-barrel on Guy Fawkes' Day is 
 not within the section (<). 
 
 Baiting bulls, laying timber, running filth, wilful obstruc- 
 tions. 
 
 Suffering underwood to grow (M), or rain-water to drop from 
 the eaves () is not within the section, but no continuance will 
 make an obstruction lawful (w). A roller is an obstruction (*), 
 and so are small ditches (y), and a person collecting a crowd by 
 addressing them (2). 
 
 Persons guilty of pound-breach (a). 
 
 Drivers causing damage to others, or quitting road, or driving 
 carriage without owner's name, or not keeping left side, or 
 interrupting free passage, or not having proper control, or driving 
 furiously (6). 
 
 Where a carriage is liable to excise duty, the name is not 
 necessary (c). A bicycle is a carriage (d), and furious driving 
 is now punishable under the section (e). 
 
 District Surveyor (Metropolis). 
 
 Every building (other than public buildings), and every work District 
 
 done thereon is subject to the supervision of this ofiicer (/). surveyor. 
 
 He may at all reasonable times during the progress of the e ,. rc 
 
 building or work enter and inspect the same (</), or enter to see ^ ! ' . 
 whether such building, &c., is exempt from the operation of the 
 
 (q) BracJcenbury v. Thorsby, 19 (a;) Wilkins v. Day, 12 Q. B. D. 
 
 L. T. 692. 110; 49 L. T. 399; 32 W. K. 123; 
 
 (r) See Pappin v. Maynard, 9 L. T. 48 J. P. 6. 
 
 327 ; 27 J. P. 745. (y) Nicol v. Beaumont, 53 L. J. 
 
 (s) Stinfon v. Browning, L. B. Ch. 853: 50 L. T. 112. 
 
 1 C. P. 321 ; 35 L. J. M. C. 152 ; 12 (z) Homer v. Cadman, 55 L. J. 
 
 Jur. N. S. 262; H. & E. 263; 13 M. C. 110; 16 Cox, C. C. 51; 54 
 
 L. T. 799; 14 W. R. 395. L. T. 421 ; 34 W. R. 413; 50 J. P. 
 
 (t) Hill v. Somerset, 51 J. P. 742. 454. 
 
 (M) Walker v. Homer, 45 L. J. M. C. (a) Sect. 75. 
 
 34. (6) Sect. 78. 
 
 (v) Croasdill v. Eatcliffe, 5 L. T. (c) Danby v. Hunter, 5 Q. B. D. 
 
 834. 20 ; 49 L. J. M. C. 15 ; 44 J. P. 283 ; 
 
 (w>) Gerring v. Basfield, 16 C. B. 41 L. T. 622 ; 28 W. R. 223. 
 
 N. S. 597 ; 28 J. P. 615; 11 L. T. (d) 51 & 52 Viet. c. 41, s. 85. 
 
 270 ; Gully v. Smith, 12 Q. B. D. 121 ; (e) Williams v. Evans, L. R. 1 Ex. 
 
 53 L. J. M. C. 35 ; Simpson v. Wells, 277; 35 L. T. 864 ; 41 J. P. 151. 
 
 L. R. 7 Q. B. 214 ; 41 L. J. M. C. (/) 18 & 19 Viet. c. 122, s. 31. 
 
 105. (g) Sect. 42.
 
 136 
 
 EXECUTIVE OFFICERS. 
 
 Theatres, 
 to, 
 
 Fees. 
 
 Act Qi). Where the building has been erected without notice 
 to him, he may enter and inspect within a month after discovery 
 of the erection (i). 
 
 Similar powers ai - e conferred in the case of theatres, music- 
 halls, &c. (/). 
 
 The following fees are payable : 
 
 For New Buildings. 
 
 Not exceeding 400 sq. ft. in area (including any attached s. d. 
 
 building), nor more than two stories high . . . 30 
 
 For every additional story ... .... 5 
 
 100 ft. sq. or part thereof . . .26 
 
 No fee to exceed 10. 
 Not exceeding 400 sq. ft. and 1 story high . . . . 15 
 
 For Additions or Alterations. 
 
 Made after roof covered in half the fee charged in case of 
 new building. 
 
 Inspecting arches or stone floors over or under public ways . 100 
 openings in party walls . . . . 10 
 
 dangerous structures . . . . . . 20 
 
 And special services may be charged for (Z). 
 
 Inspector 
 of weights 
 and 
 measures. 
 
 Weighing 
 coal. 
 
 INSPECTOR OF WEIGHTS AND MEASURES. 
 
 This officer may at all reasonable times enter any building or 
 other place in which coal is sold or kept or exposed for sale and 
 stop any vehicle carrying coal for sale or delivery, and may 
 test any weights and weighing instruments found therein, and 
 weigh any load, sack, or other less quantity in any such place 
 or vehicle which is in course of delivery to the purchaser (TO). 
 
 The master is not liable for the representation of his ser- 
 vant (n). 
 
 Where constables act in this capacity they are not in the 
 execution of their duties (o). 
 
 (A) Sect. 43. (n) Roberts v. Woodward, 25 
 
 (0 Sect. 105. Q. B. D. 412 ; 59 L. J. M. C. 129 ; 
 
 O') 41 & 42 Viet. c. 32, s. 21. 63 L. T. 200 ; 38 W. R. 770. 
 
 (fc) 18 & 19 Viet. c. 122, Sched. II. (o) E. v. Kesteven JJ., 58 L. J. 
 
 fl) Sect. 50. M. C. 157 ; 61 L. T. 51 ; 37 W. B. 
 
 (m) 52 & 53 Viet. c. 21, s. 29. 670 ; 53 J. P. 661.
 
 LIABILITIES. 
 
 137 
 
 PART III. 
 
 LIABILITIES. 
 
 UNDER WARRANTS AND ORDKRS OF SUPERIOR COURTS AT 
 COMMON LAW. 
 
 The first point to consider in reference to the liability of 
 officers when acting under warrants and orders of any kind 
 which issue in a due and regular manner is this, that obviously 
 the exercise of the power conferred may be either (1) accurate, 
 or (2) inaccurate. Inaccuracy of performance again divides 
 itself into two kinds, namely, that which occurs where the 
 power has been exceeded, and that where the duty to be per- 
 formed has to some extent at least been neglected. It is only 
 in the case of accurate performance that protection is afforded 
 to the officer by virtue of the warrant (a). As regards inaccu- 
 racy, where the power has been exceeded, it would expose the 
 officer to proceedings either civil or criminal on account of the 
 excess, and where there has been neglect of duty to the detri- 
 ment of the public, an attachment, information, or action would 
 be held to lie. But where there has been mere excess of 
 authority by officers acting under warrant, the doctrine of 
 trespass ab initio does not apply as in the case of an overcharge 
 in the nature of extortion (6), nor does it in any event in the 
 case of nonfeasance (c). On the other hand, where there is any 
 grossness or culpability in the excess such doctrine is applicable. 
 Where for instance a sheriff merely continued in possession 
 longer than the time allowed by law, he was held a simple 
 trespasser (d). But where he so continued after the return day 
 of the writ, such excess was held to constitute him a trespasser 
 ab initio (e). And the same was decided where under a writ of 
 ca. sa. he had broken an outer door (/). And in this last- 
 mentioned case Lord Abinger said: " Where a party by reason 
 of any irregularity becomes a trespasser ab initio, he cannot 
 justify at all." 
 
 (a) Money v. Leach, 19 St. Tr. 
 1001 ; and ef. Crazier \. Cundy, 9 
 D. & R. 224 ; 6 B. & C. 232 ; and 
 Bell v. OaUey, 2 M. & S. 259. 
 
 (6) Lloyd v. Davies, 2 Ex. 103. 
 See this doctrine stated, post, p. 152. 
 
 (c) Six Carpenters' Case. 8 Coke. 
 
 146 a. 
 
 (d) Ash v. Daicnay, 8 Ex. 237. 
 
 (e) Aitkenhead v. Blades, 5 Taunt. 
 198. 
 
 (/) Eerby v. Denbey, 1 M. & W. 
 336. 
 
 Liabilities. 
 Under war- 
 rants and 
 orders of 
 Superior 
 Courts at 
 common 
 law. 
 
 Perform- 
 ance may 
 be (1) ac- 
 curate or 
 (2) inaccu- 
 rate, which 
 latter con- 
 sists of 
 either 
 (a.) excess 
 or (b.) neg- 
 lect. 
 
 Trespass 
 ab initio 
 not applic- 
 able in 
 cases of 
 
 (1) mere 
 excess or 
 
 (2) non- 
 feasance, 
 but is 
 applicable 
 where ex- 
 cess is 
 grave. 
 
 No justifi- 
 cation 
 here.
 
 138 
 
 EXECUTIVE OFFICERS. 
 
 Warrant 
 or order 
 must issue 
 (1) \vith.n 
 jurisdic- 
 tion; (2) 
 apparently 
 so : or (3) 
 without 
 jurisdic- 
 tion. 
 Officers 
 protected 
 in either 
 of the first 
 two cases. 
 
 Except 
 those of 
 the House 
 of Com- 
 mons. 
 
 Stockdove 
 \. Hansard. 
 
 Bradlaugh 
 v. Erskine. 
 
 Rule in 
 Turner \. 
 Fellgate 
 and Cotes 
 v. Michill. 
 
 It has been already stated that the officer can claim the 
 protection of the warrant only in those cases where there has 
 been accurate performance. This proposition needs a further 
 limitation. The execution of a warrant or order of a superior 
 Court at common law must take place under one of three condi- 
 tions. Either the warrant or order must be (1) within the 
 jurisdiction of the Court which issues it, or (2) apparently so, or 
 (3) clearly outside such jurisdiction. The rule of law is that 
 where an officer is acting under a warrant issued subject to 
 either the first or second conditions, he is under no liability 
 whatever on account of the execution, provided with no un- 
 necessary force or violence he does simply what he was directed 
 to do (</). 
 
 But in the case of warrants and orders of the House of 
 Commons the protection is confined to the first case only, 
 namely, where such House had jurisdiction to issue the warrant 
 or order. 
 
 In StocJcdale v. Hansard (Ji) it was held no defence to an action 
 for publishing a libel that the defamatory matter was part of a 
 document which was by order of the House of Commons laid 
 before the House, and thereupon became part of the proceedings 
 of the House, and which was afterwards by order of the House 
 printed and published by the defendants, on the ground that 
 the existence of such privilege as would support the plea was 
 negatived. On the other hand, in Bradlaugh v. Erskine (t), to a 
 claim for damages for an assault committed on the plaintiif, a 
 member of parliament, while attempting to enter the House for 
 the purpose of taking his seat, defendant pleaded in justification 
 thereof that the House had previously resolved and ordered that 
 the defendant should " remove plaintiff from the House until he 
 should engage no further to disturb the proceedings of the 
 House," and that acting in pursuance of such order, defendant 
 insisted and removed plaintiif. It was held on demurrer that 
 the plea was good on the ground that the right of the Houses to 
 impose discipline within their walls was absolute and ex- 
 clusive (_/). 
 
 " Writs issued by a superior Court not appearing to be out of 
 the scope of their jurisdiction are valid and of themselves with- 
 out any further allegation, a protection to all officers and others 
 in their aid acting under them ; and that although they be on 
 the face of them irregular as a capias against a peeress (jj^) or 
 void in form as a capias ad respondcndnm not returnable the 
 next term (&) for the officers ought not to examine the judicial 
 
 (g) Howard v. Gossett, 10 Q. B. 
 359 ; cf. Andrews v. Morris, 1 ib. 17; 
 and see Brown v. Watson, 23 L. T. 
 745; Tarlton v. Fisher, Doug. 671. 
 
 (h) 9 Ad. & E. 1. 
 
 (t) 47 L. T. 618. 
 
 Cj) See JBradiaugh v. Gossett, 12 
 
 Q. B. D. 271, and the remarks of 
 Alderson, B., aud Timlal, C.J., in 
 Gossett v. Howard, 10 Q. B. 412, n. 
 
 (jj) Countess of Rutland, 6 Rep. 
 54 a. 
 
 C/0 Parsons v. Lloyd, 3 Wils. 341.
 
 LIABILITIES. 
 
 139 
 
 act of the Court whose servants they are, nor exercise their 
 judgment touching the validity of the process in point of law, 
 but are bound to execute it, and are therefore protected by it " (Z). 
 
 If the process issue from a Court or person having competent 
 jurisdiction, it will confer an authority even though there be 
 error or irregularity in the previous proceedings (m) or the 
 charge contained in it be utterly unfounded (n). But if it be 
 defective on the face of it, as if there be a mistake in the name 
 of the party to be arrested, or if the name of the officer or party 
 to be arrested be inserted without authority and after the issue 
 of the process, the apprehension may be resisted and the killing 
 of the officer will be manslaughter only (o). 
 
 The phrase above quoted "for the officers ought not to 
 examine the judicial act of the Court whose servants they are, 
 nor exercise their judgment touching the validity of the process 
 in point of law," is one which requires interpretation. It may 
 be thus stated. Being satisfied that the act of which the pro- 
 cess issuing in a due and regular manner is the consequence, is 
 the judi.-ial act of the Court whose servants they are, they are 
 not to inquire further, but are bound to execute it. But it is 
 quite clear that they are bound to inquire so far as to satisfy 
 themselves that it is the judicial act of such Court. And it is 
 obvious that it may prove not to be so in two modes first, that 
 the process is feigned, forged, or simulated, and is not the 
 process or order of the Court (jp), or second (which is the third 
 condition under which such warrants and orders may issue) 
 that the Court has in the specific instance manifestly exceeded 
 its jurisdiction (5), inasmuch as it was unable to take cognizance 
 of the cause or matter in which the process issued (r). 
 
 Here it is no defence to the officer if he execute it, and he can 
 derive no protection from it. 
 
 With regard to justification, it has been held that a man 
 acting under legal authority is not confined to the authority 
 under which he has professed to act at the time when he acted, 
 but he may resort to any other authority which justified his 
 proceeding (s). Again, where the judgment is subsequently 
 reversed as being wrong in point of law, all irregular process 
 under it before the appeal is heard is good, and affords a justifi- 
 cation to all parties acting under it (f). 
 
 Erroneous 
 process. 
 
 Defective 
 process. 
 
 "The 
 officers 
 ought not 
 to ex- 
 amine the 
 judicial act 
 of the 
 Court." 
 
 What is 
 the judicial 
 act. 
 
 Where 
 jurisdic- 
 tion ex- 
 ceeded no 
 protection. 
 
 Justifica- 
 tion, what. 
 
 (?) Turner v. Fellgate, 1 Lev. 95 ; 
 Cotes v. Mchill, 3 ib. 20. See the 
 judgment of Parke, B., in Gossett v. 
 Howard, 10 Q. B. 453. 
 
 (m) 1 Hale P. C. -157. 
 
 (n) 1 East, P. C. 310 ; Green v. 
 Elgie, 5 Q. B. 99 ; Exparte Ftrnum.hz, 
 10 C. B. N. S. 3. 
 
 (o) Ibid. 
 
 (p) Hooper v. Lane, G H. L. C. 
 443; 3 Jur. N. S. 102G; 27 L. J. 
 Q. B. 75. 
 
 (3) Stockdale v. Hansard, 9 Ad. 
 & E. 1. 
 
 (r) Rutland, ubi supra; Parsons 
 v. Lluyd, ubi supra; Smith v. Bour- 
 chif-r, 2 Stra. 994 ; Perkins v. Proctor, 
 2 Wils. 385 ; and see B. v. Danser, 
 G T. K. 24o. 
 
 (s) Per Williams, J., Hooper v. 
 Lane, ubi supra. 
 
 (0 Weiss v. Smith, 14 C. B. N. S. 
 596 ; Smith v. Sydney, L. E. 5 Q. B. 
 203; 39 L. J. Q. B. 144.
 
 140 
 
 EXECUTIVE OFFICERS. 
 
 Pleading. 
 
 Sheriff. 
 
 Employs 
 agent. 
 
 Warrant to 
 bailiff. 
 
 Form 
 
 thereof im- 
 material so 
 far as lia- 
 bility of 
 sheriff 
 concerned, 
 
 Evidence 
 to connect 
 the sheriff. 
 
 In pleading, the defendant is bound to set forth the warrant, 
 and rest his justification upon it (), but he need state nothing 
 in the defence but the issue thereef (V). 
 
 The greater part of the cases which occur in which officers of 
 the superior Courts are concerned are those in which the 
 defendant is 
 
 THE SHERIFF, 
 
 whose position in point of law is peculiar. Although he is the 
 officer entrusted with the execution of the Queen's writs (*0), 
 practically he never executes in person, but employs under- 
 sheriffs, bound bailiffs, and others, for that purpose. The writ 
 which goes to the sheriff has upon its face an injunction to 
 make out his warrant to his bailiff to levy the execution in 
 question. The justification of the sheriff is the writ, of the 
 bailiff the warrant (a;). 
 
 From this principle it follows that so far as the liability of 
 the sheriff is concerned, it matters not what is the form of the 
 warrant which he issues to the bailiff. He is not only liable for 
 the acts of the bailiff done under the warrant (y), but also for 
 any mistake or misconduct committed in the course of the 
 execution (z). It is no defence for the sheriff to say that his 
 orders were not attended to. He still remains liable, provided 
 the act complained of be one which the officer was bound to do 
 while acting in execution of the sheriffs orders (a), and an 
 actual recognition by the sheriff of such acts is not necessary (6). 
 
 " There is no doubt that the sheriff is liable for all acts done 
 and neglects of duty by the bailiff in the execution of a writ, on 
 the ground that if the sheriff thinks fit to commit the execution 
 of a writ, which he is bound to execute, to another, he is respon- 
 sible if that person does not execute it properly, and is in the 
 same condition as if he had executed it himself (c), the case of a 
 sheriff differing in this respect from the liability of an ordinary 
 principal, for the acts of an agent who does not pursue the 
 authority committed to him " (d). And this is so " for the sake 
 of securing a responsible recourse for indemnity in case of any 
 wrong done in the execution of process " (e). 
 
 Evidence to connect the Sheriff. 
 In order to render the sheriff liable for the act of his officer, it 
 
 (u) Greene v. Jones, 1 Wins. Saund. 
 298, n. 1. 
 
 (i?) Lev. p. 191 a. ; Com. Dig. PI. 
 3 M. 24 ; Britton v. Cole, 1 Salk. -408. 
 
 (>) 50 & 51 Viet. c. 55, s. 8. 
 
 (z) Hooper v. Lane, ubi supra. 
 
 (//) Croicder v. Long, 8 B. & C. 
 605 ; 3 M. & E. 17. 
 
 (z) Smart v. Button, 8 A. & E. 
 568 ; 2 N. & M. 426. 
 
 (a) Smith v. Pritchard, 8 C. B. 
 588. 
 
 (6) Sanderson v. Baker, 3 Wils. 
 309 ; 2 W. Bl. 832. 
 
 (c) Parrott \. Mumford, 2 Esp. 
 585. 
 
 (-7) PerParke,B., Woods \.Finnis, 
 1 Ex. 371. 
 
 (e) Per Erie, J., Hooper v. Lane, 
 ubi supra.
 
 LIABILITIES. 
 
 141 
 
 is sufficient to produce the warrant, without the writ, and it 
 lies upon the sheriff to prove that no such writ issued (/), but 
 the mere proof that the officer is the bailiff of the sheriff, without 
 producing the warrant is not sufficient (#) unless there be 
 recognition by the sheriff that the officer acted under his autho- 
 rity, which will dispense with the necessity of producing the 
 warrant (Ji). If the officer swear that the warrant existed, 
 though it be lost, it is sufficient (i), and in such cases secondary 
 evidence is admissible (/). 
 
 Where the warrant recites the writ, evidence of the judg- 
 ment is not necessary (&). And it has been held that the sheriff 
 need not prove the writ where the plaintiff claims by virtue of 
 an assignment which is void as against creditors (T). 
 
 Where the sheriff is sued for removing goods without paying 
 a year's rent in arrear, the plea of " not guilty " admits the 
 seizure by the sheriff, and the production of the warrant is 
 unnecessary (w). 
 
 Proof of the indorsement of the officer's name on the writ 
 by a clerk in the under-sheriff's office is prima facie evidence to 
 connect the sheriff (n). 
 
 Where the execution took place at the time of year when the 
 sheriffs were changed, and a witness after the case was set down 
 for trial saw a form of return signed by the defendant, as sheriff, 
 indorsed on the writ, which had never been returned, it was 
 held sufficient to shew that he was the sheriff who executed 
 the writ. The writ, when produced, having the name of the 
 sheriff erased, it was held for the jury to say whether the 
 erasure was made to correct a mistake, or to defeat the 
 plaintiff (o). 
 
 In an action against a surviving sheriff of London, a return to 
 a writ directed to both sheriffs, purporting to be that of both is 
 conclusive to shew that the return was authorised by the 
 survivor (p). 
 
 Admissions made by an officer while in possession under a 
 writ are evidence against the sheriff (3), and if the officer be 
 guilty of excess, even though it be contrary to the orders of the 
 under-sheriff, the sheriff will not be allowed to bring evidence 
 which would tend to disclaim his responsibility (r). 
 
 (/) Gibbins v. Phillips, 2 M. & R. 
 238 ; 7 B. & 0. 535 ; Grey v. Smith, 
 
 1 Camp. 387. 
 
 (g) Drake v. Sykes, 7 D. & E. 1 13. 
 
 (h) Jones v. Wood, 3 Camp. 228 ; 
 Shepherd v. Wheble, 8 C. & P. 534 ; 
 Martin v. Bell, 1 Stark. 413. 
 
 (i) Moon v. Raphael, 2 Scott, 489 ; 
 
 2 Bing. N. C. 310. 
 
 (/) Minshdll v. Lloyd, 2 M. & W. 
 450 ; Taplin\. Atty,3 Bing. 164. 
 
 (fe) Bessey v. Windham, 6 Q. B. 
 166 ; 8 Jur. 124 ; 14 L. J. Q. B. 7 ; 
 White v. Morris, 11 C. B. 1015; 21 
 
 Proof of 
 warrant. 
 
 Of writ. 
 
 L. J. C. P. 185. 
 
 (1) Ooden v. Hesketh, 2 C. & K. 772. 
 
 (m) Beid v. Poyntz, 8 Dowl. 410 ; 
 6 M. & W. 412 ; 9 C. & P. 515. 
 
 (n) Scott v. Marshall, 2 C. & J. 
 238 ; 2 Tyr. 257 ; Fermor v. Phillips, 
 
 5 Moo. 184 ; 3 B. & B. 27 ; Holt, 537. 
 (o) ~\Vh.itehouse v. AtMnson, 3 C. 
 
 6 P. 344. 
 
 (p) Carlile v. Parkins. 3 Stark. 163. 
 
 (3) Jacobs v. Humphrey, 2 Cr. & M. 
 413 
 
 (r) Scarfe v. Halifax, 7 M. & W 
 288. 
 
 Of Indorse- 
 ment. 
 
 After 
 expiration 
 of office. 
 
 Return of 
 survivor. 
 
 Admis- 
 sions. 
 
 Dis- 
 claimer.
 
 142 
 
 EXECUTIVE OFFICERS. 
 
 Swearing 
 officer. 
 
 Under- 
 sheriff. 
 
 No lia- 
 bility. 
 
 Other than 
 criminal. 
 
 Or where 
 sheriff dies. 
 
 Proof of 
 authority. 
 
 Bailiff. 
 
 Three 
 
 kinds. 
 
 Special. 
 
 Effect of 
 appoint- 
 ment of. 
 
 How con- 
 stituted. 
 
 Bound 
 bailiff. 
 
 A sheriff's officer who is subpoenaed to produce his warrant, 
 need not be sworn (). 
 
 TJie Under-SJieriff. 
 
 With regard to the under-sheriff, it appears that he is, while 
 acting in that capacity, not liable for any neglect of duty, nor 
 will an action lie against him for any default in him. For all 
 such neglect or default, the sheriff is alone responsible (f). But 
 this rule does not extend to cases of extortion on the part of this 
 officer when proceeded against criminally, nor to any other 
 liability criminally for unauthorised acts (M). 
 
 Where the sheriff dies, the under-sheriff must, until a successor 
 be appointed, execute the office of sheriff, and while so doing he 
 is liable in all respects as the sheriff, and may appoint a 
 deputy (v). 
 
 Where an assignment of a lease by deed taken in execution 
 was made in the name and under the seal of office of the sheriff, 
 by A. B., acting as under sheriff, it was held that such assign- 
 ment was sufficiently proved without further proving the 
 appointment of A. B., as under-sheriff (tc). 
 
 The Bailiff. 
 
 Bailiffs are of three kinds, namely, special bailiffs, bound 
 bailiffs, and bailiffs of liberties. 
 
 A special bailiff is one appointed by the sheriff for the execution 
 of a particular writ at the instance of the execution-creditor, or 
 some other person similarly interested or his agent (). 
 
 The effect of the selection of such a bailiff is to relieve the 
 sheriff from responsibility to the party at whose instance he was 
 appointed (?/), but to all other persons he is liable in the usual 
 manner (z). 
 
 What constitutes a special bailiff is matter of evidence in 
 each case (a). A mere request that a particular officer may be 
 employed is not sufficient (&), nor is mere interference with the 
 officer on the part of the debtor (c). 
 
 A bound bailiff is the one usually employed by the sheriff. 
 
 It is no part of the duty of this officer to receive writs of 
 execution from the parties (d). 
 
 (s) E. v. Mentis, M. & M. 515; 
 Summers v. Moseley, 4 Tyr. 158 ; 2 
 C. & M. 477. 
 
 (<) Cameron v. Reynolds, Cowp. 
 406 
 
 (u) Hescott, 1 Salt. 330 ; Laicock, 
 Lat. 187. 
 
 (v) 50 & 51 Viet. c. 55, s. 25. 
 
 (IP) James v. Brown, 5 B. & Aid. 
 243. 
 
 (a;) Pallister v. PaUister, 1 Cllit. 
 614. 
 
 (j/) PalUsterv.PaUister,! Chit. 614. 
 
 CO Wat. 2nd ed. p. 41. 
 
 (a) Ford v. Leche. 6 A. & E. 699 ; 
 1 N. & P. 737; and see Wrigld v. 
 Child, L. R. 1 Ex. 358. 
 
 (6) Triminger v. Keene. W. N. 
 (1882) p. 106. 
 
 (c) Corbet v. Brown, 6 D. P. C. 
 794. 
 
 (d) Wright v. CMd, L. R. 1 Ex. 
 358 ; 35 L. J. Ex. 209 ; 15 L. T. 141 ; 
 4 H. & C. 529.
 
 LIABILITIES. 
 
 143 
 
 If the warrant be addressed to him alone, and not to him and 
 his assistants, he must himself execute it (e), or, at any rate, be 
 near at the time of execution (/). 
 
 The receipt of money by the bailiff in satisfaction of a judg- 
 ment-debt is receipt by the sheriff, and the sheriff is liable 
 therefor, although there is no evidence of the money coming to 
 his hands (</). 
 
 The bailiff would appear to be personally liable for a false 
 return (7i). 
 
 There is no liability criminally on the part of the sheriff for 
 the acts of the bailiff (), and this includes proceedings for 
 penalties for extortion against the officer (j). In such case the 
 sheriff is irresponsible (&). 
 
 A liberty is a district in regard to which grants have been 
 anciently made by the Crown to individuals conferring on them 
 or their bailiffs the exclusive privilege of executing legal process 
 therein (/). Westminster and Pontefract are instances of such 
 liberties. 
 
 The powers, duties, and liabilities of a bailiff of a liberty are 
 similar to those of a bound bailiff (m). 
 
 When the king is a party, or the writ contains a non omittas 
 clause, the sheriff or his officer must enter the franchise and 
 execute the writ. And in any other case he may enter, and the 
 execution is not on that account irregular; but the lord may 
 recover compensation from the sheriff, for an infringement of 
 his right ; though the party against whom the writ was issued 
 has no remedy (n). 
 
 When the sheriff has made out his mandate to the bailiff of a 
 liberty, the bailiff and not the sheriff is responsible (o). 
 
 Process directed in the first instance to the bailiff of a franchise 
 is void (p), and the bailiff executing it is guilty of a trespass 
 against the party whose goods are taken in execution, for h6 
 is not the recognised officer of the Court, but the sheriff (g). 
 
 The sheriff's mandate requires the bailiffs of the liberty to 
 make their return to the sheriff; but, in practice, such return 
 is made direct to the Court (r). 
 
 (e) E. v. Noonan. 10 Ir. C. L. R. 
 505. 
 
 (/) Wat. p. 70. 
 
 (</) Woodman v. Gist, 8 C. & P. 
 213 ; Jones v. Percliard, 2 Esp. 507 ; 
 Gregory v. Cotterell, 5 El. & Bl. 571 ; 
 2 Jur. N. S. 16; 25 L. J. Q. B. 33. 
 
 (/i) Jackson v. Hill, 10 Ad. & E. 
 477 ; 2 P. & D. 455. 
 
 (') Sanderson v. Baker, 3 Wils. 
 SOU; 2 W. Bl. 832; Woodgate V. 
 Knatchbull, 2 D. & East, 154. 
 
 Execution 
 by. 
 
 Receipt of 
 money by. 
 
 False 
 return. 
 
 Criminal 
 liability. 
 
 Bailiffs of 
 liberties. 
 
 0") 50 & 51 Viet. c. 55, s. 29. 
 
 (It) Woodgate v. Knatchbull, ubi 
 supra. 
 
 (1) Steph. Conim. 8th ed. p. 632. 
 
 (?w) 50 & 51 Viet. c. 55, s. 34. 
 
 (n) Carre.it v. Smallpage, 9 East, 
 330. 
 
 (o) Boothman v. Earl Surrey, 2 
 D. & E. 4 ; see 27 Hen. 8, c. 24, a. 8. 
 
 (p) Except in Westminster. 
 
 (q) Grant v. Bagge, 3 East, 128. 
 
 (r) Wat. p. 61. 
 
 When 
 sheriff to 
 enter 
 liberty. 
 
 Liability of 
 bailiff. 
 
 Return of 
 bailiff.
 
 144 
 
 EXECUTIVE OFFICERS. 
 
 Under war- 
 rants and 
 orders of 
 superior 
 Courts not 
 at common 
 law, of 
 inferior 
 Courts, and 
 officers 
 generally. 
 A. After 
 adjudica- 
 tion. 
 
 Liability. 
 
 When 
 made with- 
 out juris- 
 diction. 
 
 Onus of 
 proof as to 
 jurisdic- 
 tion on 
 defendant. 
 
 No tres- 
 pass for 
 error in 
 form. 
 
 UNDER WARRANTS AND ORDERS OF SUPERIOR COURTS NOT AT 
 COMMON LAW, OF INFERIOR COURTS, AND OFFICERS GENERALLY. 
 
 A. AFTER ADJUDICATION. 
 
 The liability of an officer when acting under a warrant or 
 order of this class where there has been an adjudication is 
 practically identical with that of an officer acting under warrant 
 or order of a superior Court at common law, the main distinction 
 being that which was pointed out at the commencement of the 
 work, namely, that whereas the presumption in favour of juris- 
 diction is general in the case of warrants and orders of the kind 
 last mentioned, it extends only to what appears on the face of 
 the particular instrument in the case of these warrants and 
 orders. 
 
 Putting aside this distinction, the rule as to liability is the 
 same, namely, that where an officer acts under a warrant or 
 order of the class we are now considering, which shews on its 
 face to have been made (1) within the jurisdiction of the Court 
 or person issuing it, or (2) apparently so, it is a complete 
 justification to the officer (a). On the other hand, where it 
 clearly appears to have been made without such jurisdiction, 
 being beyond the scope of the powers delegated to the Court or 
 officer issuing it, it is no protection to the officer, and he can 
 derive no shelter from what is practically a piece of waste 
 paper (6). 
 
 It is necessary for a party who relies upon the decision of an 
 inferior tribunal to shew that the proceedings were within the 
 jurisdiction of the Court (c). An officer of an inferior Court may 
 justify acting under process which is only voidable, but not 
 under void process (d). But in an action by A. against B. for 
 false imprisonment, B. cannot defend himself under a justice's 
 warrant against C., although A. was charged for felony before 
 the magistrate, and was the person against whom the warrant 
 was intended to issue (e). " It would be dangerous if a person 
 whose office is purely ministerial, were allowed to sit in judg- 
 ment and say who is the unnamed person intended by the 
 warrant which he is required to execute " (/). 
 
 Trespass is only maintainable where the process is an absolute 
 
 (a) Andrews v. Morris, I Q. B. 17 ; 
 Patchett v. Bancroft, 1 East. 563, n. ; 
 Goodwin v. Gibbons, 4 Burr. 2108 ; 
 Olliet v. Bessey, T. Jon. 214. 
 
 (b) Carratt v. Morley, 1 Q. B. 28 ; 
 and see E. v. Danser, 6 T. E. 245. 
 
 (c) Per Alderson, B., Stanton v. 
 Styles, 5 Ex. 583. 
 
 (d) Morse v. James, Will. 122 ; see 
 Ex parte Besset, 6 Q. B. 481. 
 
 (e) Hoye v. Bush, 1 M. & G. 775. 
 (/) Per Tindal, C.J., S. C.
 
 LIABILITIES. 
 
 145 
 
 nullity, not where it is merely erroneous in form (#). Where 
 there is no jurisdiction as above stated, the whole proceeding 
 being coram non judice, process is no protection against such an 
 action (A). 
 
 The doctrine of trespass db initio is as applicable to cases 
 arising under these warrants and orders as to those of superior 
 Courts at common law (i) ; but since the greater part of these 
 warrants are issued either by County Courts or by justices to 
 both classes of which a special form of protection is afforded, the 
 point becomes of little practical value. Moreover, under certain 
 statutes, it is expressly laid down that officers acting under 
 warrants issued thereunder shall not be liable as such tres- 
 passers (/). 
 
 As to warrants of the County Court it is laid down that the 
 high bailiff is by himself or by the bailiffs appointed to assist 
 him to execute them, and he is to be responsible for the acts 
 and defaults of himself and such bailiffs as the sheriff is for 
 himself and his officers (&). 
 
 The high bailiff however of the Court out of which a warrant 
 originally issues is not responsible for any irregularities in its 
 execution by the bailiff of another Court, even though his own 
 bailiff assisted therein (Z). 
 
 And for the protection of this officer it is provided that no 
 action shall be commenced against any bailiff <>r against any 
 person acting by the order or in aid of any bailiff for anything 
 done in obedience to any warrant under the hand of the regis- 
 trar and the s.al of the Court until demand has been made or 
 left at the office of such bailiff by the party intending to bring 
 such action or by his solicitor or agent in writing, signed by 
 the party demanding the same, of the perusal and copy of such 
 warrant and the same has been refused or neglected for the 
 space of six days after such demand, and in case after such 
 demand and compliance therewith by shewing the said warrant 
 to and permitting a copy to be taken thereof by the party 
 demanding the same any action shall be brought against such, 
 bailiff or other person acting in his aid for any such cause as 
 aforesaid without making the registrar who signed or sealed the 
 
 (3) Riddell v. Pakeman, 5 Tyr. 
 721 ; 2 Cro. M. & R. 30 ; and see R. 
 v. Binney, 1 El. & B. 810 ; 22 L. J. 
 M. C. 110; 17 Jur. 854; 17 J. P. 
 440 ; R. v. Ely JJ., E. & B. 489 ; 55 
 L. J. M. C. 1 ; 1 Jur. 1017 ; Gaij v. 
 Mattheics, 4 B. & S. 440 ; 33 L. J. 
 M. C. 14; 11 W. R. 922: 8 L. T. 
 674 ; Ktane v. Reynolds, 2 El. & B. 
 748; 18 Jur. 242. 
 
 (7t) Murthaltta, 10 Rep. 68 b, 76 a ; 
 Perhin v. 1'rwior, 2 Wils. 382; 
 Millar v. Scare, 2 W. Bl. 1141 ; Smith 
 v. Bourchier, 2 Str. 993; Higginson 
 v. Martin, 2 Mod. 195. And see 
 
 Duswell v. Impey, 1 B. & C. 163. 
 
 (i) See the cases cit d, ante. p. 137. 
 
 0') See e.g. 2 & 3 Viet. c. 71, s. 51 ; 
 8 & 9 Viet. c. 109, s. 21 ; 17 Geo. 2, 
 c. 38, s. 8 ; and Si-e also Goodwin v. 
 Gibbons, 4 Burr. 2108; and Olliet v. 
 J3e**ey, T. Jon. 214. 
 
 (fc)' 51 & 52 Viet. c. 43, s. 35, and 
 see ante. p. 140 ; and Burton v. Le 
 Gros, 34 L. J. Q. B. 91. 
 
 (I) Smith v. Pritchard, 8 C. B. 565. 
 A registrar who performs the duties 
 of high bailiff is under the same 
 liability. 
 
 Trespass 
 ab initio. 
 
 Special 
 protection 
 in some 
 cases. 
 
 Hifjh 
 bailiff. 
 
 Liability. 
 
 Protection.
 
 146 
 
 EXECUTIVE OFFICERS. 
 
 Constables, 
 &c. 
 
 Where the 
 
 statute 
 
 applies. 
 
 Where 
 statute 
 does not 
 apply. 
 
 said warrant, defendant on producing or proving such warrant 
 at the trial of such action, a verdict shall be given for the 
 defendant notwithstanding any defect of jurisdiction or other 
 irregularity in the said warrant, and if such action be brought 
 jointly against such registrar and also against such bailiff or 
 person acting in his aid as aforesaid, then on proof of such 
 warrant the finding shall be for such bailiff and fur such person 
 so acting as aforesaid notwithstanding such defect or irregularity 
 as aforesaid (m). 
 
 This section and section 53 (n) cover cases where the warrant 
 has been made without jiirisdiction (o). 
 
 A similar enactment, substituting the words " constable or 
 other officer" for "bailiff" and "justice " for " registrar" is in 
 force for the protection of officers acting under warrants of 
 justices (j>). 
 
 With reference to this latter enactment, it has been held that 
 it does not apply to warrants of the Queen's Bench (g) nor of 
 the Secretary of State (r), nor of commissioners of taxes (s), and 
 that it extends only to actions of tort (f). 
 
 It seems however lo refer to all officers generally (M), although 
 not in an action of replevin (yj. 
 
 In order to obtain the benefit of the statute the officer must 
 shew that he acted in obedience to the warrant, and did not 
 exceed his authority (w), and that he has complied with the 
 terms of the section (V) ; but if he has exceeded his duty, btit 
 such excess was committed in the bond fide belief that he was 
 acting in execution thereof, he is equally entitled to the pro- 
 tection (?/). And it applies though the warrant be granted 
 without jurisdiction (z), or the magistrates without authority 
 order the suspension of the execution (a). 
 
 If, however, the officer loses the protection of the statute, he 
 must justify under the warrant (6). 
 
 The statute does not apply unless there bo a remedy over 
 (supposing the warrant illegal) against the magistrate who 
 issues it (c). 
 
 Nor does it where a wrong person is arrested or a person 
 under a wrong name (d), or a door be broken in execution of 
 
 (m) 51 & 52 Viet. c. 43, s. 54. 
 
 (n) Post, p. 157. 
 
 (o) Aspey v. Jones, 54 L. J. Q. B. 98. 
 
 (p) 24 Geo. 2, c. 44, e. 6. 
 
 (q) Gladwell v. Blake, 1 C. M. & E. 
 636 ; 1 Tyr. 186. 
 
 (r) Entick v. Carrington, 19 St. 
 Tr. 1030 ; 2 Wils. 275. 
 
 (s) Charleton v. Alway, 11 A. & E. 
 993. 
 
 (0 Green v. Rowan, 7 C. & P. 48 n. 
 
 (M) Per Kenyon, C.J., Harper v. 
 Carr, 1 T. E. 274. 
 
 (v) See post, p. 194, note (f). 
 
 (w) Bell v. Oakley, 2 M. & S. 259. 
 
 (a;) Clark r. Woods, 17 L. J. M. C. 
 
 189. 
 
 (y) Parton v. Williams, 3 B. & A. 
 330; Gosden v. Elpliick, 4 Ex. 445; 
 7 D. & L. 194 ; 13 Jur. 989 ; 19 L. J. 
 Ex.9. 
 
 (z) Atkins v. Kitty, 11 Ad. & E. 
 784 ; 4 P. & D. 145 ; Price v. Mes- 
 senger, 2 B & P. 158 ; 3 Esp. 96. 
 
 (a) Barrons v. Luscombe, 5 N. & M. 
 330 ; 3 A. & E. 589 ; 1 H. & W. 457. 
 
 (6) Read v. Coker, 13 C. B. 859 ; 
 22 L. J. C. P. 205. 
 
 (c) Sly v. Stevenson, 2 C. & P. 464 ; 
 Cotton v. Radwell, 2 N. & M. 399. 
 
 (d) Haye v. Bush, 2 Sc. N. E. 86 ; 
 1 M. & S. 775 ; 1 Dru. 15.
 
 LIABILITIES. 
 
 147 
 
 civil process (e), or where goods are seized not mentioned in the 
 warrant, and not likely to be of use as evidence (/), or where 
 the officer has executed it outride his jurisdiction (gr). 
 
 The demand is good if signed by the plaintiff, his attorney or 
 agent, and served or left by any other person (A), and though it 
 require the perusal and copy to be given within three days (i). 
 
 As regards the County Court it is enacted that no officer shall 
 be deemed a trespasser by reason of any irregularity or in- 
 formality in any proceeding on the validity of which such 
 warrant depends, or in the form of such warrant, or in the mode 
 of executing it (_/). And the same rule applies to officers acting 
 under warrants of justices (&). 
 
 And where constables execute warrants for the recovery of 
 tenements, they are under no liability on account of the person 
 on whose application the warrant is granted having no lawful 
 right to the possession of the premises (/). 
 
 B. WHERE NO ADJUDICATION. 
 
 It has been already pointed out that in the case of warrants 
 and orders other than those of superior Courts at common law, 
 the officer is under no liability for executing them where it 
 appears on the face of the instrument either (1) that the Court 
 or person issuing them had, or (2) apparently had jurisdiction 
 to do so. But this is confined to cases where there has been an 
 adjudication. 
 
 Where, however, there has been no adjudication, the rule as 
 to liability is a different one. Acting under such warrants and 
 orders the officer is protected only where the person or body 
 issuing them had jurisdiction to do so, and the execution thereof 
 is strictly carried out. If there was apparently jurisdiction 
 when none in fact or clearly none at all, the warrant or order 
 is equally valueless (?). 
 
 But with this rule must be coupled the statute passed for the 
 protection of officers acting under warrants of justices, and 
 which we have discussed above (n), the greater number of 
 warrants of this class being issued by those judicial officers. 
 
 Where an act can be done in a legal manner, the person 
 giving the direction is not responsible for the act done if it be 
 carried out in an illegal manner unless the relation of master 
 and servant (o) exists between the person giving the direction 
 and the person executing it (p). 
 
 (e) Bell v. Oakley, 2 M. & S. 259. 
 
 (/) Crazier v. Cundy, 9 D. & R. 
 224 ; 6 B. & C. 232. 
 
 (fir) Milton v. Green, 5 East, 238. 
 
 (h) Clark v. Woods, 3 New Sess. 
 Cas. 213. 
 
 (0 Coll-in* v. Rose, 5 M. & W. 194 ; 
 7 D. P. C. 796. 
 
 O') 51 & 52 Viet. c. 43, s. 52. 
 
 (A-) See 11 & 12 Viet. c. 43, s. 3; 
 
 2 & 3 Viet. c. 71, s. 51. 
 
 (I) 1 & 2 Viet. c. 74, s. 5. 
 
 (n) Foster v. Dodd, L. R. 3 Q. B. 
 76 ; WiUcins v. Hemsworth, 7 A. & E. 
 807. 
 
 (H) Ante, p. 146. 
 
 (o) See pp. 62, 148. 
 
 (p) Creagh v. Gamble, 24 L. R. Ir. 
 458. 
 
 L 2 
 
 What a 
 
 good 
 
 demand. 
 
 Irregu- 
 larity in 
 proceed- 
 ings, 
 County 
 Court. 
 Officers 
 acting 
 under 
 
 warrants of 
 justices. 
 
 Recovery 
 of tene- 
 ments. 
 
 B. Where 
 no adjudi- 
 cation. 
 
 Liability. 
 
 Where (1) 
 apparently 
 jurisdic- 
 tion when 
 none, or 
 (2) none at 
 all. 
 
 Special 
 protection 
 
 Distinction 
 between 
 these 
 
 orders and 
 those of 
 principal 
 and agent.
 
 1-18 
 
 EXECUTIVE OFFICERS. 
 
 C. Under 
 
 other 
 
 orders. 
 
 Liability of 
 principal 
 and agent. 
 
 General 
 agent. 
 
 Particular 
 agent. 
 
 Ratifica- 
 tion, effect 
 of. 
 
 Evidence 
 as to limits 
 of autho- 
 rity. 
 
 C. OTHER OEDERS. 
 
 In regard to the other orders which have been enumerated 
 above (a), it is obvious that they divide themselves into two 
 classes, namely, general and specific. In both of these the law 
 of principal and agent strictly applies. 
 
 Where an officer is appointed by some person or body to do a 
 class of acts, he becomes by virtue of his appointment the 
 general agent of such person or body while acting in the per- 
 formance of his duty. The liability in such cases of the 
 principal has been thus stated : A person [or body] who puts 
 another in his place to do a class of acts in his absence is 
 answerable for the wrong of the person so entrusted, either in, 
 the manner of doing such an act or in doing such an act under 
 circumstances in which it ought not to have been done ; pro- 
 vided that what is done is not done from any caprice of the 
 servant, but in the course of the employment (6). 
 
 A local authority in their public capacity are liable for any 
 negligence of their servants (c). 
 
 Where, however, the officer is appointed or directed to do 
 some particular thing and that only, the liability of the person 
 or body so appointing or directing him is more limited. In 
 such cases the agent only binds the principal when acting in 
 strict accordance with his instructions (of). 
 
 Moreover, the principal is in any case liable if the act com- 
 plained of be one which was done for his benefit, whether or 
 not there was any precedent authority, if the principal subse- 
 quently ratify the act (e). 
 
 Where there is a violation of a right to property or to per- 
 sonal security, he who procures the wrong to be done is a joint 
 wrongdoer, and may be sued either alone or jointly with the 
 agent for the wrong done (/). If an assault or imprisonment 
 of the plaintiff be the necessary or probable consequence of 
 orders given by the defendant, he will be responsible, although 
 he did not, directly order it or contemplate the possibility of its 
 occurrence (</). 
 
 \\ hat is within or without the scope of the authority is 
 matter of evidence. Where a servant wantonly and n t in 
 
 (a) Ante, p. 62. 
 
 (7>) Underbill, Torts, 3rd ed. p. 41. 
 See Bat/ley v. Manchester Railway Co., 
 L. R. 7 C. P. 415; 42 L. J. C. P. 78; 
 and Laugher v. Pointer, 5 B. & C. 
 547 ; 8 D. & R. 556 ; Joyce v. Metro- 
 politan Board of Works, 44 L. T. 
 811 ; and cf. Abrahams v. Deakin, 39 
 W. R. 145; 63 L. T. 690. 
 
 (c) Hall v. Batley, 47 L. J. Q. B. 
 148; 37 L. T. 710; 42 J. P. 151. 
 
 (d) Bradyv. To<ld, 9 C. B. X. S. 592. 
 
 (e) Wilson v. Tunman, 6 M. & Gr. 
 242 ; 6 Sc. N. R. 894 ; 1 D. & L. 513 ; 
 12 L. J. C. P. 307; and see Wilson 
 v. Barker, 4 B. & Ad. 617 ; 1 N. ,V M. 
 409 
 
 (/) Per Brio, J., Lumley v. Gye, 
 2 El. & Bl. 216 ; 22 L. J. Q. B 4tJH ; 
 Barker v. Brahani, 2 W. Bl. 868. 
 
 (j/) Glimn v. Houston, 2 M. & G. 
 337 ; 2 Be. N. R. 548 ; 5 Jur. 125.
 
 LIABILITIES. 
 
 149 
 
 order to execute the master's orders, struck the plaintiff's horses 
 and thereby produced an accident, the master was held not 
 liable ; but if in the course of thf employment he so struck, 
 although injudiciously, it would have been otherwise (Ji). 
 Again, where a servant wholly exceeded his authority in 
 arresting a person and did an act which was illegal, not in the 
 mode of doing it, but in the doing it at all, the principal was 
 held irresponsible (i). But where the act was one which the 
 agent must be assumed to have authority to do, if there was a 
 mistake in the performance of it, such mistake was held within 
 the scope of the authority (j). 
 
 The fact, however, of the principal becoming liable does not Liability 
 exonerate the a^ent from his liability for tortious acts done by of agent, 
 him. He may therefore be sued either separately or jointly 
 with his principal (&). 
 
 The relationship of principal and agent is unknown to the Criminal 
 criminal law. If the principal direct the agent to do a criminal liability, 
 act, they are both liable as principals (7). ' On the other hand, 
 if the agent do a criminal act unknown to the principal but 
 purporting to act by his authority, the principal is irre- 
 sponsible (?ft). 
 
 With regard to the principals which are referred to in this Liability 
 class, the general rule as to their liability inasmuch as the ofprin- 
 powers which they exercise are conferred upon them by law, is c 'P al - 
 that they are liable for any damage which has resulted from 
 the doing of the act as individuals are (n) ; but as the powers 
 which are exercised are almost wholly derived from statute, due 
 regard to the wording of the Act in question must be had in 
 order to ascertain what liability exists in any particular case. 
 And in such circumstances the general rule appears to be the 
 following, namely, that where the duty imposed is discretionary, 
 or at any rate not absolute, the ordinary law as to liability for 
 damage occasioned obtains (o). On the other hand, where the 
 duty to be performed is of an absolute character, such liability 
 is under the special circumstances negatived (p). 
 
 (7t) Croft v. Allison, 4 B. & A. 590. 
 . (/) Foulton v. London and South 
 Western Railway Co., L. K. 2 Q. B. 
 534 ; 36 L. J. Q. B. 294. 
 
 0) Goff v - Great Northern Rail- 
 way Co., 3 E. & E. 672; 30 L. J. 
 Q. B. 148 ; 7 Jur. N. S. 286 ; 3 L. T. 
 850. 
 
 (&) Lumley v. Gye, nbi sup. ; and 
 see Snoicden v. Davis, 1 Taunt. 359. 
 
 (0 24 & 25 Viet. c. 100, s. 67. 
 
 (m) Chishohn v. Doulton, 58 L. J. 
 M. C. 133. In statute law this liability 
 frequently depends on the wording 
 of tht; particular Act. And sen Wilson 
 v. Stewart, 32 L. J. M. C. 198; 3 
 B. & S. 913; 8 L. T. 277 ; 11 \V. K. 
 
 640 ; 27 J. P. 661 ; Bosley v. navies, 
 45 L. J. M. C. 27 ; 1 Q. B. D. 84 ; 33 
 L. T. 528 ; 40 J. P. 550 ; 24 W. E. 140. 
 
 (n) Vaughan v. Taff Vale Railway 
 Co., 5 H. & N. 679. See R. v. Essex, 
 14 Q. B. D. 753. 
 
 (o) Dunn v. B'mham Canal Co., 
 L. K. 7 Q. B. 244 ; 8 ib. 42 ; Broughton 
 V. Midland and Great Western Rail- 
 way Co., 1 Ir. C. L. K. 169 ; Metro- 
 politan Asylum District v. Hill, 6 
 App. Gas. 193. 
 
 (j>) Brand v. Hammersmith Rail- 
 tray, L. B. 1 Q. B. 130; 2 ib. 223; 
 4 H. L. 171 ; Dixon v. Metropolitan 
 Board of WorJ;s, 1 Q. B. D. 423 ; and 
 see Dixon v. Farm; 18 ib. 43.
 
 150 
 
 EXECUTIVE OFFICERS. 
 
 Under 
 
 inherent 
 
 powers. 
 
 Liability. 
 
 Joint 
 wrong- 
 doers. 
 
 UNDER INHERENT POWERS. 
 
 Where a public officer acts, or purports to aot, by virtue of 
 the powers which the law confers upon him, and while so acting 
 is guilty of any illegality by way of commission or omission, he 
 is personally responsible to the individual who has sustained 
 damage thereby (a). 
 
 Every one who is appointed to discharge a public duty and 
 receives a compensation, whether from the Crown or otherwise, 
 is constituted a public officer (6). 
 
 The liability, however, of such officers is not confined to cases 
 where there has been either excess of the authority conferred or 
 breach of the duty imposed by law. It extends also to rases 
 where the officer is strictly within the powers conferred on him, 
 but guilty of harsh and oppressive conduct in their exercise. 
 Where a Governor and Vice- Admiral of a Crown Colony sus- 
 pended the judge of the Vice- Admiralty Court, but maliciously 
 and without reasonable and probable caiise, although he had 
 legal authority to do so until the King's pleasure became known 
 and the King subsequently confirmed the suspension, he was 
 held notwithstanding liable in damages (c). The gist of the 
 action was, admitting the legality of the suspension thus con- 
 firmed, but complaining of the defendant's exercise of his origi- 
 nal authority, and his malicious and false representations by 
 which the suspension had been confirmed (d). 
 
 Whoever assists in the doing of an unlawful act becomes 
 answerable for all the consequences of it, and when several 
 persons have been jointly concerned in its commission they may 
 generally all be charged jointly as principals, or the plaintiff 
 may sue any of the parties upon whom individually a separate 
 trespass attaches (e). If several are jointly bound to perform a 
 duty, they are liable jointly and severally fur the failure or re- 
 fusal (/). And the same measure of| liability attaches where 
 several commit a trespass (g). 
 
 Judgment in an action against one of several joint trespassers 
 is a bar to an action aainst the others for the same caui^e, 
 
 (a) Lane v. Cotton, 1 Ray. 646 ; 1 
 Salk. 17; Tobin \. The Queen, 16 
 C. B.310; 10 Jur. 1029; fioicning v. 
 Goodchild, 2 W. Bl. 906 ; Barry v. 
 Arnand, 10 A. & E. 646 ; 2 P. & D. 
 633. 
 
 (6) Inrin v. Grey, L. E. 1 C. P. 
 171; 2 H. L. 20; 35 L. J. C. P. 43; 
 36 ib. 148; and see Terry v. Hunt- 
 ingtoti, Hard. 480, n. ; Whitjield v. 
 
 Ld. Despencer, Cowp. 754. 
 
 (c) Sutherland v. Murray, cited in 
 Button v. Johnstone, 1 T. K. 493. 
 
 (d) Per Eiskine arguendo, Sutton 
 V. Johnstons, ubi sup. 
 
 (e) Mitchell v. Tarbutt, 5 T. E. 651. 
 (/) Fergusson v. Kinnoull, 9 Cl. & F. 
 
 289. 
 
 (3) Hume v. Oldacre, 1 Stark. 352.
 
 LIABILITIES. 
 
 151 
 
 although such judgment remains unsatisfied (h). But the cause 
 of action imist in both suits be identical (f). 
 
 Connected with the subject of liability is the principle which 
 was illustrated in the case of Armory v. Delamirie (y), namely, 
 that contained in the maxim 
 
 " Omnia prxsumuntur contra spoliatorem." 
 
 Eveiy presumption shall be made to the disadvantage of a 
 wrongdoer. If an officer use the powers which he possesses 
 against an individual on any other than public grounds, he 
 becomes a wrongdoer, and this principle is applicable. Where 
 a person who wrongfully converted property, refused to produce 
 it, it was presumed as against him to be of the best descrip- 
 tion (&). Where a person claimed a debt from another, the 
 proof of which was to be found in certain documents which 
 were sealed up and in his keeping, and he broke the packet 
 without authority to do so, the claim was disallowed (Z) ; and 
 where a necklace was missed and part of it traced to the defen- 
 dant, who was unable satisfactorily to account for it, the whole 
 necklace was presumed to have come to his hands (m). 
 
 EVIDENCE. 
 
 As to evidence, it is laid down that the fact that a person has 
 acted in an official capacity is presumptive evidence of his ap- 
 pointment, and the formal appointment need not be proved (n) ; 
 and this rule applies to both civil and criminal cases (o). 
 
 DAMAGES. 
 
 In general the damages will depend on the extent of the 
 trespass or breach of duty committed. But where there is any 
 high-handedness on the part of the officer, or attempt to use his 
 powers unfairly to the prejudice of any member of the public, 
 exemplary or vindictive damages will be recoverable (p) ; and 
 these must depend on the particular circumstances of the case (<j>). 
 And in such cases the Court will not interfere with the discre- 
 tion of the jury unless they are grossly excessive or clearly 
 founded upon a mistaken or improper view of the matter (r). 
 
 (n) M'Gahey v. Alston, 2 M. & W. 
 211 ; Marshall v. Lamb, 5 Q. B. 123; 
 Doe v. Young, 8 ib. 63. 
 
 (o) M' Galiey v. Alston, ubi sup.; 
 R. v. Gordon, 1 Lea. 515 ; R. v. Bar- 
 rett, 6 C. & P. 124. 
 
 ( p) Merest v. Harvey, 5 Taunt. 441. 
 
 (<j) Brunswick v. Sloman, 8 C. B. 
 321 ; 18 L. J. C. P. 299 ; Huckle v. 
 Money, 2 Wils. 205. 
 
 (r) Edgell v. Francis, I M. & G. 
 222 ; 1 SV. N. R. 121 ; TuUidge v. 
 Wade, 8 Wils. 18. 
 
 (fe) Brinsmead v. Harrison, L. R. 
 7 C. P. 547 ; 41 L. J. C. P. 19. 
 
 (0 Slad-e, 4 Co. 94 b; Guest v. 
 Warren, 9 Ex. 379; 23 L. J. Ex. 121. 
 
 (J) 1 Str. 504. 
 
 (fe) Ibid. 
 
 (1) Crisp v. Anderson, 1 Stark. 35. 
 
 (m) Mortimer v. Cradock, 12 L. J. 
 C. \ 166, and see Wardour v. Beres- 
 ford, 1 Vern.452; Sanson v. Ramsey, 
 2 ib. 561 ; Dalston v. Coatsicorth, 1 
 P. Wins. 731 ; Garteide v. Ratcli/e, 
 1 Ch. Cue. '202. 
 
 I'" H 
 torem. 
 
 Evidence. 
 
 Of officer 
 acting 
 sufficient, 
 without 
 proof of 
 appoint- 
 ment. 
 Damages. 
 
 Vindictive 
 damages.
 
 152 
 
 EXECUTIVE OFFICERS. 
 
 Not 
 
 chargeable 
 on public 
 funds. 
 Same with 
 penalties. 
 But super- 
 annuation 
 is charge- 
 able. 
 
 Trespass 
 ab initio. 
 
 There is no power to charge the damages and costs recovered 
 against an officer upon the public funds (s) ; and it is the same 
 with penalties (t). 
 
 A sum due to an officer in respect of superannuation may, in 
 the absence of direction by statute to the contrary, be attached 
 in execution (u). 
 
 Connected with the subject of damages is the doctrine of 
 
 Trespass ab initio. 
 
 Where a power to enter upon lands or tenements is conferred 
 by law on an individual, and when he has entered in pursuance 
 thereof he commits a misfeasance (i.e. exceeds his authority), it 
 shall be presumed that he entered with the intention of exceed- 
 ing his authority, and that the trespass committed shall have 
 relation back to the time of entering. In other words, what- 
 ever privilege he previously possessed is, by the excess, an- 
 nulled (). 
 
 () Stops v. Northampton JJ., 4 53 L. J. Q. B. 24 ; 49 L. T. 471 ; 32 
 
 T:. Rep. 78. W. K. 122. 
 
 (0 E. v. Wilts JJ., 8 D. P. C. 717. (v) Six Carpenters, 8 Coke, 146. 
 (, Sooth v. Trail, 12 Q. B. D. 8;
 
 LIABILITIES. 
 
 153 
 
 REMEDIES. 
 
 PROTECTION. 
 
 1. Prerogative. 
 
 The Crown may, in the case of action arising against any of 
 its officers, for anything done to which it is a party (a), demand 
 a trial at bar, on the ground that it has an interest in the sub- 
 ject-matter of the suit (6). In that case it will be for " the 
 plaintiff to shew the Court that it is misinformed " (c), and that 
 the statement of the Attorney-General that the Crown is inte- 
 rested is groundless. If he fails to satisfy the Court as to this, 
 the suit will become a Crown suit, and be regulated by the 
 Crown Suits Act, 1865. The procedure in a Crown suit does 
 not come within the scope of this work. 
 
 It may, however, be here observed that by the Crown elect- 
 ing to come in and defend, it necessarily takes upon itself the 
 responsibility for the act complained of, on the ground of the 
 maxim, " Omnis ratihabitio retrotrahitur et mandato priori sequipa- 
 ratur " (<Z). 
 
 But no damages can be obtained against the Crown, for " the 
 Crown can do no wrong" (e). In the event, therefore, of judg- 
 ment being given for the plaintiff, " the redress, if any, must be 
 by petition of right, which is now regulated by 23 & 24 Viet. 
 c. 34. Under sect. 9 of that Act, he obtains a judgment that he 
 is entitled to such relief as the Court shall think just " (/). 
 
 Remedies. 
 Protection. 
 
 1. Prero- 
 gative. 
 
 When 
 available. 
 
 Crown 
 becomes 
 respon- 
 sible. 
 
 Damages 
 in that 
 case. 
 
 2. Statutory Absolute. 
 
 Customs and Excise officers, wreck receivers, and officers 2. Statu- 
 acting under the Explosives and Public Health Acts, are fur- tory abso- 
 nished with absolute statutory protection in a few cases. lute - 
 
 Customs and Excise officers are so protected for seizing goods Customs 
 as liable to forfeiture where there was probable cause for such au( i excise, 
 seizure (</) ; in stopping carts and wagons to search for smuggled 
 goods, though none be found (h) ; for firing into ships liable to 
 
 () See ante, p. 5. 
 
 (b) Buron v. Denman, 2 Ex. 167; 
 Dixm v. Farrar, 18 Q. B. D. 43. 
 
 (c) Per Tiudal, C.J.: Paddock v. 
 Forester, 8 Dowl. 834 ; Eowe v. Sren- 
 ton, 3 M. & R. 133. 
 
 (d) Buron v. Denman, uM sup. 
 
 (e) 2 Rolle, Rep. 304. 
 
 (/) Per Blackburn, J. : Thomas v. 
 The Queen. L. R. 10 Q. B. 33; Irwin 
 v. Gray, 3 F. & F. 635. See Clode 
 on Petition of Right. 
 
 (0) 53 & 54 Viet. c. 21, s. 29, and 
 see c. 56, s. 2. 
 
 (ft) 39 & 40 Viet. c. 36, s. 203.
 
 154 
 
 EXECUTIVE OFFICERS. 
 
 Receiver. 
 
 Explosives. 
 
 Public 
 health. 
 
 3. Statu-. 
 tory ordi- 
 nary. 
 
 When 
 available. 
 
 seizure or examination (T) ; and for detaining ships under the 
 Foreign Enlistment Act (/). 
 
 A judge's certificate that there was probable cause for the 
 seizure, covers the seizure only, and does not extend to damages 
 for deterioration of the goods seized while in the officers' pos- 
 session (&). 
 
 The wreck receiver is so protected in case of a wreck where 
 any person is killed, maimed, or hurt by reason of his resisting 
 the receiver in the execution of his duty (I). 
 
 And officers acting under the Explosives Acts are similarly 
 protected where on reasonable cause to believe that any explo- 
 sive, or ingredient of an explosive or substance found by them, 
 is liable to forfeiture, they seize and detain the same (m). 
 
 And so are officers generally acting under the Public Health 
 Acts (n). 
 
 3. Statutory Ordinary. 
 
 Nearly the whole of the officers enumerated in this work have 
 in certain cases a special protection conferred on them when 
 acting in pursuance of their powers, which may, in order to 
 distinguish it from the other kinds of protection referred to 
 above, be termed the ordinary statutory protection. Its lead- 
 ing characteristics are notice, limitation, local venue, tender 
 of amends, payment into Court, and, in some cases, special 
 verdicts. 
 
 These enactments refer in their entirety to actions of tort. 
 In the case of prosecutions, the protection is limited to limita- 
 tion and a local venue. 
 
 Where Acts conferring powers refer to a principal Act con- 
 taining protection, that protection is available under the sub- 
 ordinate Acts. 
 
 The protective clauses usually open with the words : " In 
 case any action shall be brought against any officer for anything 
 done in pursuance of this Act." These words have been held to 
 include the omission to do as well as the commission of an act or 
 acts (o). 
 
 They are " required for the purpose of protecting these officers 
 in those cases where they intended to act within the strict line 
 of their duty, but by mistake exceeded it " (p). Their object 
 is " clearly to protect persons acting illegally, but in supposed 
 pursuance and with a bond fide intention of discharging their 
 duty" (g). 
 
 (i) Sect. 181. 
 
 (;) 33 & 34 Viet. c. 90, ss. 28, 29. 
 
 (k) Laugher v. Breffit, 5 B. & Aid. 
 762 ; D. & R. 417. 
 
 (0 17 & 18 Viet. c. 104, s. 444, and 
 see s. 104. 
 
 (m) 38 & 39 Viet. c. 17, s. 74. 
 
 (n) 38 & 39 Viet. c. 55, e. 265 ; 
 54 & 55 Viet. c. 70, s. 124. 
 
 (o) Jowle v. Taylor, 7 Ex. 58; 
 Davis v. Curling, 6 Q. B. 286 ; Mid- 
 land Hallway Co. v. Withington Local 
 Board, 11 Q. B. D. 788. 
 
 (p) Per Kenyon, C. J. : Greenicay 
 v. Hurd, 4 T. E. 555. 
 
 (?) Per Elleuborough, C.J. : Theo- 
 bald v. Crichmore, 1 B. & A. 229.
 
 LIABILITIES. 155 
 
 The defendant is entitled to the protection if he honestly 
 believes in the existence of a state of things which, if it had 
 existed, would have justified his doing the acts complained of 
 under the statute. Some facts must exist such as might give 
 rise to an honest belief, but it is not necessary that the belief 
 should be reasonable (r). 
 
 A County Court officer is protected while acting under war- 
 rant of the Court, although there was no jurisdiction to make 
 the order on which the warrant was founded (). And so is a 
 tax-collector if he bond fide believe a sum demanded to be due (f). 
 But not if there was no colour for the demand, or he makes an 
 improper seizure, and takes a bribe to deliver up the goods (), 
 or is guilty of extortion under threat of legal proceedings or 
 distress (v). 
 
 A sheriff sued for an excessive levy is not within the protec- 
 tion () ; nor is a surveyor if, in obeying the orders of the High- 
 way Board, he does an unlawful act (a;) ; but a local authority 
 for anything done, or intended to be done, under their Act is 
 so (//). 
 
 NOTICE. 
 
 The cases in which notice is necessary have been discussed Notice, 
 above when we were considering when protection is available. 
 It is necessary whenever the officer purports to act in pursuance 
 of the statute (z). 
 
 It appears, however, to apply only to such acts as the officer 
 might at the date of the statute conferring the right to notice 
 have been called upon to perform (a). And the officer is not 
 deprived of his right because he has received an indemnity 
 against the consequences of his act by the party interested (6). 
 
 An officer who takes under a County Court warrant the goods 
 of B. by mistake for those of A. is entitled to notice (c). 
 
 But where a constable is authorized to arrest a person found 
 committing an offence, to entitle to notice it must be shewn that 
 at the time of the arrest he believed the offence to have been 
 
 (r) Chamberlain v. King, L. R. 6 But see post, p. 157. 
 
 C. P. 474. See Booth v. Clive, 10 (x) Mill v. Hawker, L. R. 10 Ex. 
 
 C. B. 827 ; 2 L. M. & P. 283 ; Smith 92 ; -44 L. J. Ex. 49, and cf. Peters v. 
 
 v. Hopper, 9 Q. B. 1014 ; Beechey v. Ckirson, 7 M. & G. 548 ; 13 L. J. 
 
 Sides, 9 B. & (J. 806; Cann v. Clip- M. C. 153; 8 Sc. N. R. 384; 8 Jur. 
 
 perton, 10 A. & E. 589; Griffith v. 648. 
 
 Taylor, 2 C. P. D. 194 ; 46 L. J. C. P (y) Edwards v. Islington, 22 
 
 15 ; 36 L. T. 5; 25 W. H. 196. Q. B. 1). 338. 
 
 () Aspey v. Jones, 54 L. J. Q. B. (2) Cook v. Leonard, 6 B. & C. 351, 
 
 98 ; 33 W. R. 217 ; 48 J. P. 613. (a) Bryson v. Russell, 14 Q. B. D. 
 
 (0 Waterhouse v. Keen, 4 B. & C. 720; 51 L. T. 90; 33 W. R. 34; 48 
 
 211; 6D. &R. 257. J. P. 360. 
 
 () Irving v. Wilson, 4 T. R. 486. (6) White v. Morris, 11 C. B. 1015 ; 
 
 () Umphelby v. McLean, 1 B. & A. 21 L. J. C. P. 185 ; 16 Jur. 500. 
 
 42. (c) Burling v. Harley, 3 H. & N. 
 
 (<c) Copland^. Powell, 1 Bing. 369. 271 ; 27 L. J. M. C. 258; 4 Jur. 78'J.
 
 156 
 
 EXECUTIVE OFFICERS. 
 
 Length of 
 notice. 
 
 What it 
 
 should 
 
 contain. 
 
 committed, and that lie had found the person arrested in the act 
 of committing it (d) ; unless taken in flagrante delicto, it must 
 be shewn that an offence had been committed, that the plaintiff 
 was on the spot, that there was reasonable ground for believing 
 that the mischief was still going on, and that tlie plaintiff was 
 the author and instigator of it (e). 
 
 Officers sued to 7-ecover back money paid which had been by 
 mistake illegally demanded, are entitled to notice (/), and so 
 are surveyors acting bond fide in a public capacity (*/), although 
 under an appointment in fact informal and illegal (A). 
 
 By 5 & 6 Viet. c. 97, s. 4, in all cases where notice is neces- 
 sary, one calendar month is to be sufficient. And there may be 
 a whole month between the date of the doing of the act com- 
 plained of and the date of the commencement of the action (i). 
 But this Act does not apply to enactments passed subsequent 
 thereto (/). 
 
 The notice should set forth the substantial ground of com- 
 plaint, and specify the time and place of the commission of the 
 act complained of (&). It should also state that an action will 
 be brought (7). It is not necessary, however, to name all the 
 persons meant to be made parties, nor to express whether it is 
 intended to be brought against several persons jointly or against 
 one person only (m), and a reference to a wrong statute has 
 been held immaterial (n), and so has an inaccuracy as to the 
 date of arrest (o). 
 
 If it fails clearly and explicitly to point out the nature of the 
 cause of action, it will be bad (p). But it ought not to be con- 
 strued with great strictness, its object being merely to inform 
 the defendant of the substantial ground of complaint, but not of 
 the mode or manner in which the injury has been sustained (g). 
 And it may be contained in a series of letters, as well as in a 
 single document (r). 
 
 Care must be taken to address the notice to the right parties, 
 and to serve it in the proper quarter (s). 
 
 An action may apparently be brought without notice, when 
 
 (d) Roberts v. Orchard, 2 H. & C. 
 769; 33 L. J. Ex. 65. 
 
 (e) Cann v. Clipperton, ubi gup. 
 See Danvers v. Morgan, 1 Jur. Ex. 
 1051. 
 
 (/) Greenway v. Hurd, 4 T. R. 
 553 ; Sdmes v. Judge, L. E. 6 Q. B. 
 724; 40 L. J. Q. B. 287; 24 L. T. 
 905 ; 19 W. B. 1110. 
 
 (gr) Hardwick v. Moss, 7 H. & N. 
 136; 31 L. J. Ex.207. 
 
 (h) Hughes v. Bucldand, 15 M. & W. 
 355. 
 
 (i) Young v. Higgon, 6 ib. 54. 
 
 0') Boden v. Smith, 18 L. J. 0. P. 
 121. 
 
 (/r) Brecse v. Jerdcvi, 4 Q. B. 585 ; 
 
 Martin v. UprJier, 3 ib. 668. 
 
 (I) Mason v. Birkenhead Commis- 
 sioners, 6 H. & N. 72 ; 29 L. J. Ex. 
 406. 
 
 (m) Bax v. Jones, 5 Pr. 168. 
 
 (n) Macgregor v. Galsworthy, 1 
 C. & K. 8. 
 
 (o) Green v. Broad, 51 L. J. Q. B. 
 640 ; 46 L. T. 888 : 46 J. P. 599. 
 
 (p) Taylor v. Nesfield, 3 El. & Bl. 
 724 ; 23 L. J. M. C. 169. 
 
 (q) Prickett v. Gratrex, 8 Q. B. 
 1020. 
 
 (r) Lamley v. E. Eetford, 55 J. P. 
 133 
 
 () Rider v. Dorrell, 1 Taunt. 384.
 
 LIABILITIES. 157 
 
 its principal object is to restrain an immediate injury, although 
 damages are also claimed (f). 
 
 Where damages are to be ascertained by a justice notice does 
 not create a limitation of time in which to apply to the justice (u). 
 
 Notice is required as regards : 
 
 County Courts, by . 51 & 52 Viet. c. 43, s. 53 (General). 
 Constables . . .10 Geo. 4 c. 44, s. 41 (Metropolitan). 
 
 3 & 4 Viet. c. 50, s. 18 (Canals and Kivers). 
 
 8 & 9 Viet. c. 109, s. 23 (Gaming). 
 
 12 & 13 Viet. c. 92, s. 27 (Cruelty to Animals). 
 
 16 & 17 Viet. c. 119, s. 17 (Betting). 
 
 24 & 25 Viet. c. 96, s. 113 (Larceny). 
 
 24 & 25 Viet. c. 97, s, 71 (Malicious Injury). 
 
 24 & 25 Viet. c. 99, s. 33 (Coin). 
 Customs . . 39 & 40 Viet. c. 36, s, 268 (General). 
 
 Kxcise . 
 
 Tax . 
 
 Post . 
 
 Highway surveyors 
 
 District surveyors . 
 
 Public Health Act 
 
 53 & 54 Viet. c. 21, s. 28 (General). 
 
 43 & 44 Viet. c. 19. s. 20 (General). 
 
 7 Will. 4, & 1 Viet. c. 36, s. 46 (General). 
 
 5 Will. 4, c. 50, s. 109 (General). 
 
 18 & 19 Viet. c. 122, s. 108 (General). 
 
 38 & 39 Viet. c. 55, s.' 264 (General). 
 
 And in the case of prosecutions as regards : 
 
 County Courts, by . 51 & 52 Viet. c. 43, s. 53 (Geueral). 
 Constables . . . 8 & 9 Viet. c. 109, s. 23 (Gaming). 
 
 LIMITATION. 
 
 Some of these Acts provide that no action shall be brought Limitation, 
 except within a given time. An action is deemed to be com- 
 menced from the issue of the writ (v). 
 
 The continuance of the act complained of, such as that of 
 raising a wall, is not a fresh fact so as to extend the period of 
 limitation (zc). But where the damage is continual it is other- 
 wise (a;). 
 
 Limitation is imposed as regards : 
 
 The sheriff, by . . 50 & 51 Viet. c. 55, s. 29 (General). 
 County Courts . . 51 & 52 Viet. c. 43, s. 53 (General). 
 Constables . . .57 Geo. 3, c. 19, s. 32 (Meetings Metropolis). 
 
 60 Geo. 3, c. 1, s. 5 (Drilling). 
 
 5 Geo. 4. c. 83, s. 19 (Vagrants). 
 
 10 Geo. 4, c. 44, e. 41 (Metropolis). 
 
 3 & 4 Viet. c. 50. s. 18 ("Canals and Rivers). 
 
 12 & 13 Viet. c. 92, s. 27 (Cruelty to Animals). 
 
 24 & 25 Viet. c. 9ti, s. 113 (Larceny). 
 
 (0 Flower v. Low Leyton, 5 Ch. D. (r) Original Company v. Gibb, 5 
 
 347;46L.J.Ch.621;andseeTFoo?ard Ch. D.719; 46 L. J. Ch. 311 ; Orderv. 
 
 v. Bdlericay, 11 C. D. 214; Chapman r. 11. 
 
 v. Auckland, 23 Q. B. D. 294 ; Bate- (IP) Wordsworth v. Harley, I B. 
 
 man v. Poplar, 33 C. D. 360. & Ad. 391. 
 
 (u) Peters v. Clarson, 13 L. J. M. C. (x) Crumble v. Wallsend, 1 Ti. L. B. 
 
 153 ; 7 M. & G. 548 ; 8 Jur. 648 ; 8 229 ; 55 J. P. 421. 
 Sc. N. R. 384.
 
 .158 
 
 EXECUTIVE OFFICERS. 
 
 24 & 25 Viet. c. 97, 8. 71 (Malicious Injury). 
 
 24 & 25 Viet. c. 99, s. 33 (Coin). 
 
 41 & 42 Viet. c. 74, s. 55 (Contagious Diseases). 
 
 45 & 46 Viet. c. 50, s. 226 (Municipal). 
 
 28 & 29 Viet. c. 126, s. 50 (General). 
 
 6 Geo. 4, c. 78, s. 37 (General). 
 
 39 & 40 Viet. c. 36, s. 272 (General). 
 
 40 & 41 Viet. c. 13, s. 5 (General). 
 48 & 49 Viet. c. 49, s. 6 (General). 
 
 53 & 54 Viet. c. 21, s. 28 (General). 
 43 & 44 Viet. c. 19, s. 20 (General). 
 
 7 Will. 4, & 1 Viet. c. 36, s. 46 (General). 
 
 41 & 42 Viet. c. 74, s. 55 (General). 
 5 Will. 4, c. 50, s. 109 (General). 
 
 18 & 19 Viet. c. 122, B. 108 (General). , 
 38 & 39 Viet. c. 55, s. 264 (General). 
 5 & 6 Viet. c. 97, s. 5 (General). 
 
 And in the case of prosecutions, as regards : 
 
 County Courts, by . 51 & 52 Viet. c. 43, s. 53 (General). 
 Constables . . .10 Geo. 4, c. 44, s. 41 (Metropolis). 
 
 3 & 4 Viet. c. 50, s. 18 (Canals and Rivers). 
 
 8 & 9 Viet. c. 109, s. 23 (Gaming). 
 24 & 25 Viet. c. 96, s. 113 (Larceny). 
 
 24 & 25 Viet. c. 97, s. 71 (Malicious Injury). 
 
 24 & 25 Viet. c. 99, s. 33 (Coin). 
 
 41 & 42 Viet. c. 74, s. 55 (Contagious Disease). 
 
 45 & 46 Viet. c. 50, s. 226 (Municipal). 
 
 7 Will. 4, & 1 Viet. c. 36, s. 46 (General). 
 
 Gaolers 
 Customs 
 
 Excise. 
 Tax . 
 Post . 
 Contagious diseases 
 
 spector . . 
 Highway surveyors 
 District surveyors. 
 Public Health Act 
 Local . 
 
 Post . 
 Contagious 
 spector 
 
 diseases in- 
 
 41 & 42 Viet. c. 74, s. 55 (General). 
 
 AMENDS. 
 
 Amends. Most of the Acts also provide that the defendant may at any 
 
 time after action brought tender a sum of money by way of 
 amends and that in case such sum be not accepted by the 
 plaintiff in satisfaction of his claim, that the same may be paid 
 into Court and in a few cases pleaded by the defendant in bar 
 of such action. Such payment into Court is to have the same 
 effect in law as in other actions where defendants are allowed 
 to pay money into Court (y). 
 
 The payment of money into Court by way of amends does not 
 necessarily conclude the plaintiff (z). 
 
 Tender of amends and payment into Couit is permitted as 
 regards : 
 
 County Courts by . 
 Constables . . 
 
 51 & 52 Viet. c. 43, s. 53 (General). 
 
 10 Geo. 4, c. 44, s. 41 (Metropolis). 
 
 3 & 4 Viet. c. 50, s. 18 (Canals and rivers). 
 
 8 & 9 Viet. c. 109, s. 22 (Gaming). 
 
 (y) As to the rules concerning and County Court Rules, 1889, Order 
 payment into Court, see Order xxii. ix. 
 
 (z) Boyfield v. Porter, 13 East, 200.
 
 LIABILITIES. 
 
 159 
 
 Customs . . 
 
 Excise. 
 Tax . 
 Contagious disease in- 
 spectors . 
 Harbour officers . 
 Overseers 
 
 Highway surveyors 
 District surveyors. 
 Markets and Fairs Act 
 Public Health Act 
 Towns Clauses Act 
 
 10 & 11 Viet. c. 
 12 & 13 Viet. c. 
 
 16 & 17 Viet. c. 
 
 17 & 18 Viet. c. 
 
 18 & 19 Viet. c. 
 agement). 
 
 24 & 25 Viet. c. 
 24 & 25 Viet. c. 
 24 & 25 Viet. c. 
 41 & 42 Viet. c. 
 45 & 46 Viet. c. 
 39 & 40 Viet. c. 
 48 & 49 Viet. c. 
 53 & 54 Viet. c. 
 43 & 44 Viet. c. 
 
 41 & 42 Viet. c. 
 10 & 11 Viet. c. 
 
 17 Geo. 2, c. 38, 
 5 Will. 4, c. 50, 
 
 18 & 19 Viet. c. 
 10 & 11 Viet. c. 
 38 & 39 Viet. c. 
 10 & 11 Viet. c. 
 
 89, s. 72 (Towns). 
 
 92, s. 27 (Cruelty to animals). 
 
 119, s. 16 (Betting). 
 38, s. 13 (Gaming). 
 
 120, s. 224 (Metropolitan Man- 
 
 96, s. 113 (Larceny). 
 
 97, s. 71 (Malicious injury). 
 99, s. 33 (Coin). 
 
 74, s. 55 (Contagious diseases). 
 
 50, s. 226 (Municipal). 
 
 36, s. 271 (General). 
 
 49, s. 6 (General). 
 
 21, s. 28 (General). 
 
 19, s. 20 (General). 
 
 74, s. 55 (General). 
 27, s. 91 (General). 
 s. 10 (a) (Poor-rate), 
 s. 109 (General). 
 120, s. 224 (General). 
 14, s. 51 (General). 
 55, s. 264 (General). 
 34, s. 219 (General). 
 
 Tender of amends may be pleaded in bar as regards : 
 
 Constables by . 
 
 Customs . . 
 Excise . 
 Tax . 
 Contagious disease i 
 
 specters . 
 Harbour officers . 
 Public Health officers 
 
 41 & 42 Viet. c. 74, s. 55 (Contagious diseases). 
 45 & 46 Viet. c. 50, s. 226 (Municipal). 
 39 & 40 Viet. c. 36, s. 271 (General). 
 53 & 54 Viet. c. 21, s. 28 (General). 
 43 & 44 Viet. c. 19, s. 20 (General). 
 
 41 & 42 Vrct. c. 74, s. 55 (General). 
 10 & 11 Viet. c. 27, s. 91 (General). 
 38 & 39 Viet. c. 55, s. 264 (General). 
 
 VENUE. 
 
 The majority of the statutes provide that the action shall be Venue, 
 tried in the county in which the fact complained of was com- 
 mitted. This has not been interfered with by the Judicature 
 Acts (&). 
 
 The rule appears to apply only to such acts as the officer 
 might, at the date of the statute conferring the right to venue, 
 have been called on to perform (c). And a constable who 
 arrests on suspicion of felony without reasonable ground for 
 such suspicion seems to be within the rule (d). 
 
 Local venue is imposed as regards : 
 
 County Courts by . . 51 & 52 Viet. c. 43, s. 53 (General). 
 Constables . . .7 Jac. 1. c. 5 (General). 
 
 57 Geo. 3, c. 19, s. 32 (Meetings Metropolis). 
 
 60 Geo. 3, c. 1, s. 5 (Drilling). 
 
 (a) And see 43 Eliz. c. 2. 
 (6) See Order xxxvi., r 1. 
 
 (c) Bryson v. Russell, ubi sup. 
 (J) Staight v. Gee, 2 Stark. 445.
 
 160 
 
 EXECUTIVE OFFICERS. 
 
 Pleading. 
 
 In actions 
 
 under 
 
 statute. 
 
 Gaolers 
 
 Customs . . 
 Excise . . . 
 Tax . 
 Post . 
 
 Churchwardens . 
 Overseers 
 Asylum officers 
 Highway surveyors 
 District surveyors . 
 Public Health Act 
 
 10 Geo. 4, c. 44, a. 41 (Metropolis). 
 
 3 & 4 Viet. c. 50, s. 18 (Canals and rivers). 
 
 8 & 9 Viet. c. 109, s. 23 (Gaming). 
 
 12 & 13 Viet. c. 92, s. 27 (Cruelty to animals). 
 
 24 & 25 Viet. c. 96, s. 113 (Larceny). 
 
 24 & 25 Viet. c. 97, s. 71 ("Malicious injury). 
 
 24 & 25 Viet. c. 99. s. 33 (Coin). 
 
 28 & 29 Viet. c. 126, s. 50 (General). 
 
 39 & 40 Viet. c. 36, s. 272 (General). 
 
 53 & 54 Viet. c. 21, s. 28 (General). 
 
 43 & 44 Viet. c. 19, s. 20 (< enerat). 
 
 7 Will. 4, & 1 Viet. c. 36, s. 46 (General). 
 
 21 Jac. 1, c. 12, s. 3 (General). 
 
 53 & 54 Viet. c. 5, s. 331 (General). 
 5 Will. 4, c. 50, s. 109 (General). 
 18 & 19 Viet. c. 122, s. K>8 (General). 
 38 & 39 Viet. c. 55, s. 264 (General). 
 
 And in the case of prosecutions as regards : 
 
 County Court 
 Constables . 
 
 Post 
 
 51 & 52 Viet. c. 43, s. 53 (General). 
 
 3 & 4 Viet. c. 50, s. 18 (Canals and Kivers). 
 
 24 & 25 Viet. c. 96, s. 113 (Larceny). 
 
 24 & 25 Viet. c. 97. s 71 (Malicious Injury). 
 
 24 & 25 Viet. c. 99, s. 33 (Coin). 
 
 7 Will. 4, & 1 Viet. c. 36. s. 46) General). 
 
 PLEADING. 
 
 The defendant is allowed in some instances to plead the 
 general issue (e), and in a few cases any other plea l>y leave of 
 the Cuurt (/). 
 
 The plea is in the form " The defendant says he is not guilty," 
 and this may be pleaded whenever he honestly believed in the 
 existence of a state of things which if it had existed would have 
 justified his doing the acts complained of under the statute (/). 
 In the margin must be inserted the words " by statute," and 
 the year of the reign, chapter, and section of the Act on which 
 he relies (A), except where he relies on tlie whole Act or Act-:, 
 in which case the sections need not be specified (z). 
 
 This may be pleaded by a constable who is sued in trespass 
 for false imprisonment (j). But if an officer join inp leading 
 with another who cannot justify, he loses the beuefit of the 
 justification (&). 
 
 In actions under statutes, it is not necessary to recite the 
 statute in the claim ; it is enough to st tte that the thing was 
 done contrary to the statute in that case made and provided (/). 
 
 (e) This puts the whole matter iu 
 issue: Archbold, 19th ed., p. 149. 
 
 (/) Order xix , r. 12. 
 
 (g) Cliamberhiin v. King, ubi sup. 
 
 (h) Order xxi., r. 19 ; County Court 
 Rules, 1889, Order x., r. 18. 
 
 (0 Stamdart v. Warren, 4 Ti. Eep. 
 562 ; and see Edicards v. Hotlges, 24 
 L. J. C. P. 121 ; Burridge v. Xicho- 
 
 leito, 6 H. & X. 383; 30 L. J. Ex. 
 145. 
 
 (j) McCloughan v. Clayton, Holt, 
 N. P. C. 47b. 
 
 (&) Smith v. Bourchier, 2 Str. 993. 
 But see Parkins v. Proctor, 2 Wilu. 
 385. 
 
 (/) Holmes v. Sparkes, 12 C. B. 251 ; 
 15 Jur. 975 ; 21 L. J. C. P. 194.
 
 LIABILITIES. 
 
 161 
 
 The general issue may be pleaded as regards :- 
 
 Sheriff by 
 Constables 
 
 Gaolers 
 Customs . 
 
 Excise 
 
 Churchwardens 
 Overseers 
 Highway surveyor 
 District surveyor . 
 Local . 
 
 21 Jac. 1, c. 4, s. 4 (Penalty). 
 
 7 Jac. 1, c. 5 (General). 
 
 19 Geo. 2, c. 21, s. 11 (Swearing). 
 
 42 Geo. 3, c. 119, s. 8 (Gaming). 
 
 57 Geo. 3, c. 19, s. 32 (Meetings Metropolis). 
 
 60 Geo. 3, c. 1, s. 5 (Drilling). 
 
 5 Geo. 4, c. 83, s. 19 (Vagrants). 
 10 Geo. 4, c. 44, s. 41 (Metropolis). 
 
 3 & 4 Viet. c. 50, s. 18 (Canals and Kivers). 
 
 12 & 13 Viet. c. 92, s. 27 (Cruelty to Animals). 
 
 24 & 25 Viet. c. 96, s. 113 (Larceny). 
 
 24 & 25 Viet. c. 97, s. 71 (Malicious Injury). 
 
 24 & 25 Viet. c. 99, s. 33 (Coin). 
 
 28 & 29 Viet. c. 126, s. 49 (General). 
 
 39 & 40 Viet. c. 36, s. 272 (General). 
 
 6 Geo. 4, c. 78, s. 37 (Quarantine). 
 53 & 54 Viet. c. 21, s. 28 (General). 
 21 Jac. 1, c. 12, s. 3 (General). 
 
 17 Geo. 2, c. 38, ss. 8-10 (General). 
 5 Will. 4, c. 50, s. 109 (General). 
 
 18 & 19 Viet. c. 122, s. 108 (General). 
 See 5 & 6 Viet. c. 97, s. 3 (General). 
 
 This last 
 thereto (If). 
 
 does not apply to local Acts passed subsequent 
 
 EVIDENCE. 
 
 The evidence for the plaintiff is in actions against revenue Evidence.] 
 officers confined to the facts set forth and contained in the For plain- 
 notice and service of such notice must be proved (m). tiff. 
 
 The defendant is permitted under the plea of the general For defen- 
 issue to give the Act and the special matter in evidence under 
 the statutes enumerated below. 
 
 Where officers exceed their jurisdiction they can apparently 
 avail themselves of this protection only in mitigation of damages 
 and not as a substantive defence to the action (n). 
 
 Sheriff by 
 Constables 
 
 21 Jac. 1, c. 4, s. 4 (Penalty). 
 
 7 Jac. 1, c. 5 (General). 
 
 19 Geo. 2, c. 21, s. 11 (Swearing). 
 
 42 Geo. 3, c. 119, s. 8 (Gaming). 
 
 57 Geo. 3, c. 19, s. 32 (Meetings Metropolis). 
 
 60 Geo. 3, c. 1, s. 5 (Drilling). 
 
 5 Geo. 4, c. 83, s. 19 (Vagrants). 
 
 10 Geo. 4, c. 44, s. 41 (Metropolis). 
 
 3 & 4 Viet. c. 50, s. 18 (Canals and Kivers). 
 
 12 & 13 Viet. c. 92, ss. 27, 28 (Cruelty to Animals). 
 
 24 & 25 Viet. c. 96, s. 113 (Larceny). 
 
 24 & 25 Viet. c. 97, s. 71 (Malicious Injury). 
 
 24 & 25 Viet. c. 99, s. 33 (Coin). 
 
 (II) Boden v. Smith, 18 L. J. C. P. 
 120 ; and see Cock v. Gent, 12 M. & W. 
 234; Richards v. Easts, 15 ib. 244; 
 Moore v. Shepherd, 10 Ex. 424 ; Carr 
 v. Eoijal Exchange Co.. 21 L. J. Q. B. 
 93; 1 B. &S. 956. 
 
 (m) See 7 & 8 Geo. 4, c. 53, s. 118 ; 
 39 & 40 Viet. c. 36, ss. 268, 269; 
 43 & 44 Viet. c. 19, s. 20. 
 
 () EoiKcliffe v. Murray, 1 Car. 
 & M. 513 ; and see Wood v. Chessal, 
 2 W. Bl. 1254. 
 
 M
 
 162 
 
 EXECUTIVE OFFICERS. 
 
 Gaolers 
 Customs . 
 
 Excise 
 Tax . 
 
 Churchwardens . 
 Overseers 
 
 Highway surveyors 
 District surveyors. 
 Local . 
 
 28 & 29 Viet. c. 126, s. 49 (General). 
 39 & 40 Viet. c. 36, s. 272 (General). 
 6 Geo. 4, c. 78, s. 37 <Quarantine). 
 53 & 54 Viet. c. 21, s. 28 (General). 
 43 & 44 Viet. c. 19, s. 20 (General). 
 
 21 Jac. 1, c. 12, s. 3 (General). 
 
 5 Will. 4, c. 50, s. 109 (General). 
 
 18 & 19 Viet. c. 122, s. 108 (General). 
 
 See 5 & 6 Viet. c. 97, s. 3 (General). 
 
 VERDICT. 
 Verdict. In the following cases the verdict is directed : 
 
 Constables by 
 
 Customs 
 
 Excise . . 
 
 Churchwardens 
 
 Overseers 
 
 Highway surveyors 
 
 Public Health 
 
 7 Jac. 1, c. 5 (General). 
 
 24 Geo. 2, c. 44, s. 6 (Warrants). 
 
 57 Geo. 3, c. 19. s. 32 (Meetings Metropolis). 
 
 60 Geo. 3, c. 1, s. 5 (Drilling). 
 
 12 & 13 Viet. c. 92, s. 27 (Cruelty to Animals). 
 
 39 & 40 Viet. c. 36, s. 270 (General). 
 
 53 & 54 Viet. c. 21, s. 28 (General). 
 
 21 Jac. 1, c. 12, s. 3 (General). 
 
 5 Will. 4, c. 50, s. 109 (General). 
 38 & 39 Viet. c. 55, s. 264 (General). 
 
 Where a constable was sued for executing the warrant of a 
 justice it was held that he was entitled to a verdict, the justice 
 not having been made a co-defendant as required by 24 Geo. 2, 
 c. 44, s. 6, on proof of the warrant, although the terms of the 
 statute had not been literally complied with (o). 
 
 Damages. 
 
 Costs. 
 
 DAMAGES. 
 
 Damages are dealt with in the following cases : 
 
 Customs by . . 
 Excise. . . 
 Merchant Shipping Act 
 
 39 & 40 Viet. c. 36, s. 270 (General). 
 53 & 54 Viet. c. 21, s. 28, 29 (General). 
 17 & 18 Viet. c. 104, s. 104 (General). 
 
 A judge's certificate that there was probable cause for seizure 
 covers the seizure only, and does not extend to damages for a 
 deterioration of the goods seized while in the officer's pos- 
 session (p). 
 
 COSTS. 
 Costs are dealt with as regards : 
 
 County Court by 
 Constables . 
 
 51 & 52 Viet. c. 43, s. 55 (General) 
 
 19 Geo. 2, c. 21, H. 11 (Swearing). 
 
 42 Geo. 3, c. 119, s. 8 (Gaming)! 
 
 57 Geo. 3, c. 19, s. 32 (Meetings Metropolis). 
 
 60 Geo. 3, c. 1, s. 5 (Drilling). 
 
 (o) Jones v. I'uiiijluiii, o East, 445; 
 2 S?m. 5. 
 
 (p) Laugher v. Brejftll, 5 B. 
 762 ; D. &'ll. 417. 
 
 A1J.
 
 LIABILITIES. 
 
 163 
 
 Gaolers 
 Customs 
 Excise . 
 
 Post .... 
 Contagious disease in- 
 spectors . 
 
 Merchant Shipping Act. 
 Highway surveyors 
 Public Health Act 
 
 10 Geo. 4, c. 44, s. 41 (Metropolis). 
 
 3 & 4 Viet. c. 50, s. 18 (Canals and rivers). 
 
 12 & 13 Viet. c. 92, s. 27 (Cruelty to animals). 
 
 24 & 25 Viet. c. 96. s. 113 (Larceny). 
 
 24 & 25 Viet. c. 97, s. 71 (Malicious injury). 
 
 24 & 25 Viet. c. 99, s. 33 (Coin). 
 
 41 & 42 Viet. c. 74, s. 55 (Contagious diseases). 
 
 45 & 46 Viet. c. 50, s. 226 (Municipal). 
 
 28 & 29 Viet. c. 126, s. 49 (General). 
 
 39 & 40 Viet. c. 36, s. 270, 272 (General). 
 
 53 & 54 Viet. c. 21, ss. 28, 29 (General). 
 
 7 Will. 4, c. 36, s. 46 (General). 
 
 41 & 42 Viet. c. 74, s. 55 (General). 
 17 & 18 Viet. c. 104, s. 104 (General). 
 5 Will. 4, c. 50, s. 109 (General). 
 38 & 39 Viet. c. 55, B. 264 (General). 
 
 Where an action was for an injunction, it was held that costs 
 as between solicitor and client could not be given to a successful 
 defendant (3). 
 
 Treble costs were abolished (r) by statute, but the Act does 
 not apply to enactments passed sub.Nequently thereto (s). 
 
 Where the defendant makes an affidavit that the plaintiff if 
 unsuccessful will be unable to pay costs, and the plaintiff fails 
 thereupon to give security for such costs, the action may be 
 remitted to the County Court (<). 
 
 (q) PuUin v. Deffel, 64 L. T. 134. 
 (r) 5 & 6 Viet. c. 97, s. 2. See 
 Butterton v. Furber, 1 B. & B. 517. 
 
 (s) See Hasker v. Wood, 54 L. J. 
 Q. B. 419. 
 (0 51 & 52 Viet. c. 43, s. 66. 
 
 M 2
 
 164 
 
 EXECUTIVE OFFICERS. 
 
 Breach of 
 D'ttu. 
 Civil pro- 
 ceedings. 
 Action for 
 d images. 
 Duty at 
 common 
 law. 
 
 Statutory 
 duty. 
 
 Duty must 
 be abso- 
 lute. 
 
 BEEACH OP DUTY. 
 
 ClVIL PROCEEDINGS. 
 
 Action for Damages. 
 
 Where a person undertakes a public office, lie is bound to 
 perform the duties of the office, and if he neglects or refuses so 
 to do, and an individual in consequence sustains injury there- 
 from, that lays the foundation for an action for damages to 
 recover compensation for the injury so sustained (a). 
 
 When a duty or obligation exists at common law indepen- 
 dently of a statute, a new remedy given by a statute is simply 
 cumulative, and does not preclude the ordinary common law 
 remedy by way of action, unless there are express words to that 
 effect (6). 
 
 When a statute creates a right or duty, then although it has 
 not in express terms given a remedy, the remedy which by law 
 is properly applicable follows as an incident (c). But if the 
 right or duty is entirely the creature of the statute, and a 
 specific remedy is provided by the statute for its enforcement, 
 that remedy and that only must be pursued (d), unless the 
 remedy does not cover the entire right (e*). 
 
 These principles apply apparently only when the duty to be 
 performed is an absolute one, and not within the discretion of 
 the officer. 
 
 The rule as to liability may therefore be thus stated. Wher- 
 ever the law confers upon an officer a power to do a certain act 
 by an obligatory (/) as distinguished from an enabling (</) 
 enactment, there is then a corresponding duty in the officer to 
 perform the act required in which if he fail, he will be liable to 
 an action at the suit of the person who has sustained damage by 
 reason of his default. On the other hand if the duty is optional 
 or discretionary, no such liability (in the absence of malice) 
 
 (a) Sutton v. Johnstone, 1 T. R. 
 493 ; Fergusson v. KiunouU, 9 Cl. & F. 
 279. 
 
 (6) Chapman v. Pickersgill, 2 AVils. 
 145. 
 
 (c) Per Maule, B., Sraithicalte v. 
 Skinner, 5 M. & W. 327. 
 
 (d) Stevens v. Jeacocke, 11 Q. B. 
 741 ; 17 L. J. Q. B. 163; St. Pancras 
 Vextry v. Batterbury, 2 C. B. N. S. 
 477 ; 26 L. J. C. P. 243. 
 
 0) Shepherd v. Hills, 11 Ex. 67. 
 
 As to plea-ling in actions under 
 
 statute, see Holmes v. Sparkes, ante, 
 
 p. 160. 
 
 (/) Eg., " id hereby required." 
 (</) E.g., "may" or "it shall be 
 
 lawful." See Julius v. Oxford (Bishop 
 
 of), 5 App Cas. 214; McDongatt v. 
 
 Poterarm, 11 C. B. 755 ; 21 L. J. C. P. 
 
 27 ; Crake v. Powell, 2 E. & B. 210 ; 
 
 21 L. J. Q. B. 183; Bell v. Crane, 
 
 L. E. 8 Q. B. 481 ; 42 I,. J. M. C. 
 
 122 ; Be Newport Bridge, 29 ib. 52.
 
 LIABILITIES. 
 
 165 
 
 exists (A). But to this there is an important qualification. " It 
 has been so often decided as to have become an axiom, that in 
 public statutes words only directory, permissory, or enabling, 
 may have a compulsory force where the thing to be done is for 
 the public benefit or in advancement of public justice" (z), and 
 this has been held to mean that where a power is deposited with 
 a public officer for the purpose of being used for the benefit of 
 persons who are specifically pointed out, and with regard to 
 whom a definition is supplied by the legislature of the conditions 
 upon which they are entitled to call for its exercise that power 
 ought to be exercised, and the Court will require its exercise (j). 
 
 In practice, however, where a duty is conferred, although it 
 is possible, yet it is not very probable that action would arise 
 owing to the fact that the plaintiff had sustained damage by 
 reason of the officer's neglect. 
 
 But there is a notable exception in the case of civil execution. 
 There a person is entitled to put an officer in motion to do a 
 certain act or acts, and if he fails to perform the duty so required 
 of him, it gives rise to this action. 
 
 The officers concerned in civil execution are the sheriff, the 
 Admiralty marshal, and the high bailiff, who so far as liability 
 is in question may be considered one (fc), and constables. 
 
 As regards the sheriff, it has been laid down that if he neglect 
 or refuse to execute any writ when he has the opportunity and 
 is required to do so, he is liable (7), but that he is not liable for 
 not using extraordinary exertion or providing against an un- 
 expected or unforeseen contingency (m). Accordingly, if he 
 neglects to execute within a reasonable time (n), or to seize (o), 
 or to sell or sells for less money than he ought to have ob- 
 tained (j>), or sells the goods of a third person (g), or relinquishes 
 or abandons possession (r), although mere temporary absence (s), 
 or withdrawing under a proper order is not sufficient (f), he is 
 liable. So also is he if he negligently conduct a sale whereby 
 the position of the execution creditor is prejudiced (M), or sells 
 
 (ft) See Partridge v. Council of 
 Mnlical Education, 25 Q. B. D. 90 ; 
 6 Ti. Rep. 313. 
 
 (0 Per Coleridge, J., R. v. Tithe 
 Cottutfaionen, 14 Q. B. 474. 
 
 (_/) Per Cairns, C., Julius v. Oxford 
 (Bishop of), uli sup. 
 
 (k) Judicature Act, 1873, s. 84; 
 and see Wins. & B. Ad. Prac., 2nd ed. 
 p. 249; 51 & 5-> Viet. c. 43, s. 35. 
 
 (0 Brown v. Jarcis, 1 M. & W. 
 704 ; 3/aon v. Paynter, 1 Q. B. 974. 
 
 (m) Hodgson v. Lynch, 5 Ir. C. P. R. 
 353. 
 
 (n) Clifton v. Hooper, 6 Q. B. 4t^8 ; 
 8 Jur. 958 ; 14 L. J. Q, B. 1 ; Mason 
 v. Paynter, 1 Q. B. 974 ; 1 G. & D. 
 381 ; G Jur. 214. 
 
 (o) Pitcher v. King, 5 Q. B. 766 ; 
 
 Practically 
 confined to 
 civil exe- 
 cution. 
 
 Sheriff. 
 
 Limit of 
 liability. 
 
 Neglect of 
 
 duty. 
 
 Seizure. 
 
 Sale. 
 
 D. & M. 584 : 8 Jur. 401 ; 13 L. J. 
 Q. B. 162. He must liave notice that 
 the goods are in his bailiwick ; Your- 
 rell v. Proby, 2 Ir. C. L. 460. 
 
 (p) Jacobs v. Humphrey, 2 C. & M. 
 413 ; 4 Tyr. 272 ; Carlile v. Parkins, 
 3 Stark. 163; Gawler v. Chaplin, 2 
 Ex. 506 ; 18 L. J. Ex. 42. 
 
 (7) Oughton v. Seppings, 1 B. & Ad. 
 241. 
 
 (r) Blades v. Armidale, 1 M. & S. 
 711. 
 
 (s) AcUand v. Paynter, 8 Price, 99. 
 
 (I) Darby v. \Vaterlow,~L. R. 3 C. P. 
 453; 37 L. J. C. P. 203; 16 W. R. 
 864; 18L. T. 523. 
 
 (H) Mulleti v. Challis, 16 Q. B. 239 ; 
 15 Jur. 243; 20 L. J. Q. B. 161.
 
 166 EXECUTIVE OFFICERS. 
 
 by private contract, when entitled to do so, before actual seiz- 
 ure (V), or retains the goods and pays the plaintiff (id), or 
 delivers the goods to the plaintiff in satisfaction of the debt (x\ 
 or executes the writ and retains in his hands the proceeds y/). 
 But the execution creditor cannot sue the sheriff before the 
 issue of the venditioni exponas (z), nor is he liable if he sell under 
 a venditioni exponas (a), under an extent which is in from the 
 Crown at the ^ame time (6). 
 
 An application for an order against a sheriff to pay money 
 levied under an execution must be made by motion after 
 notice (c). 
 
 False He is also liable if he make a false return that is a return 
 
 return. to the writ which does not describe accurately the position of 
 affairs (d). But if the sheriff merely return the answer of the 
 bailiff which proves to be false, he is not, it appears, respon- 
 sible (e). A writ is not now returned to by order, but a notice 
 to return from the person issuing the writ or his solicitor 
 issues (/). The rettirn must answer the whole mandate of the 
 writ. He may return nulla bona where the debtor has an 
 equitable interest only (#), and also where the proceeds are 
 exhausted in payment of piior rent and charges (K) ; but not 
 where there are goods in his hands unsold (z), nor where he 
 ought to have levied and neglected to do so (j). If he returns 
 that he has seized certain goods, he ought to specify their 
 value (&) ; but he cannot return that a house is barricaded and 
 he cannot enter to see what goods are there (/). 
 
 Inter- In order to claim the benefit of the Interpleader Act he must 
 
 pleader. be in possession of the goods (?) as a whole (n), unless the 
 
 property would be injured by seizure (o). He must not be an 
 
 interested party (p), nor have been indemnified (q), but he need 
 
 not wait for an action to be brought (r). Where he has exer- 
 
 (t>) Ex parte Hall, 14 Ch. D. 132 ; Qi) Wintle v. Freeman, 11 A. & E. 
 
 Exparte Villars, 9 Cl>. Ap. 432. 539 ; Shattock v. Garden, 6 Ex. 725. 
 
 (w) Waller v. Weedale, Noy. 107. (0 Slade v. Hatdey, 13 M. & W. 
 
 (x) Thompson v. Clerk, Cro. Eliz. 757. 
 
 514. (_/) Dennis v. Wlietham, L. E. 9 
 
 (y) PerUnson v. Gilford, Cro. Car. Q. B. 345 ; 43 L. J. Q. B. 129 ; 30 
 
 539 ; W. Jon. 430. L. T. 514 ; 22 W. R. 571. 
 
 (z) Clutterbuck v. Jones, 15 East, (/;) Barton v. Gill. 12 M. & W. 315. 
 
 78 ; Euston v. Hatfield, 2 B. & A. 204. (/) Monk v. Cass, 9 Dowl. 332. 
 
 (n) Swain v. Norland, 1 B. & B. (m) Inland v. Bushell, 5 Dowl. 147; 
 
 370; Gow. 39; Moo. 740. 2 H. & W. 118; Scott v. Leu-i*. 4 
 
 (6) Thurston v. Mills, 16 East, 254. Dowl. 259 ; 2 C. M. & R. 289 ; 1 Gale. 
 
 (c) Order lii., rr. 2, 3 ; and see 204 ; 5 Tyr. 1083. 
 
 Dtlmar v. Freemantle, 3 Ex. D. 237. (n) Sraine v. Hunt, 2 Dowl. 391 ; 
 
 (d) Wylie v. Birch, 4 Q. B. 566. 2 C. & M. 418. 
 
 (e) Jackson v. Hill, 10 Ad. & E. (o) Lea v. Bossi, 11 Ex. 13; 1 Jur. 
 477 ; 2 P. & D. 455 ; and see ante, N. S. 384 ; 24 L. J. Ex. 280. 
 
 p. 143. (p) Braddick v. Smith, 9 Biug. 
 
 (/) Order lii., r. 11. 84; Ostler v. Bower, 4 Dowl. 605; 1 
 
 ((/) Scarlett v. Hanson, 12 Q. B. D. H. & W. 653. 
 213; 53 L. J. Q. B. 62; 32 W. R. (3) Ibid. 
 310 ; 1 C. & E. 53. (r) Green v. Brown, 3 Dowl. 337.
 
 LIABILITIES. 
 
 167 
 
 cised his discretion he is not entitled to relief (), nor where he 
 is guilty of neglect (f) or laches (it), except under special circum- 
 stances (0). He must inquire into the bona fides of the claims 
 before applying for relief (IP). 
 
 For neglect of duty the representatives of a deceased sheriff 
 are also liable (x). 
 
 An action against the sheriff in these cases cannot be main- 
 t dned without shewing actual pecuniary damage (y), but where 
 damages are alleged and proved, they are recoverable without 
 proof of m;ilice or want of probable cause (z). 
 
 In an action for a false return, the sheriff may shew the facts 
 in support of his defence (a), but he cannot go into circumstantial 
 evidence to impeach the judgment on the ground of collateral 
 fraud (b). 
 
 Admissions of the bailiff in these cases are evidence against 
 the sheriff (c), but not those of the under-sheriff, unless they 
 accompany some official act or tend to charge himself (d). 
 
 The measure of damagus in cases of neglect of duty by the 
 sheriff is usually the value of the goods (e). 
 
 By 56 Geo. 3, c. 50, s. 9, the sheriff is not liable for damages 
 for anything done under that Act (/) unless there be wilful 
 omission on his part. 
 
 By 50 & 51 Viet. c. 55, s. 29 the sheriff or his officer for any 
 breach of the provisions of the Act or neglect or default in the 
 execution of his office is liable to forfeit 200 and to pay all 
 damages suffered by any person aggrieved (g>). 
 
 This applies apparently only to personal misconduct or 
 neglect on the part of the officer actually guilty thereof, and 
 in such case the sheriff, therefore is not responsible for the act 
 of his officer (li). 
 
 But if he make out a warrant prior to the receipt of the writ 
 this action will lie against him ('), and so also will it if he 
 omit to appoint a deputy ( f). 
 
 As has been above stated, the liability of the Admiralty 
 Marshal is identical with that of the sheriff. 
 
 Represen- 
 tatives of 
 sheriff. 
 
 Pleading 
 to shew 
 damage 
 when. 
 
 False 
 return. 
 
 Admis- 
 sions. 
 
 Measure of 
 damages. 
 
 Statutory 
 liability. 
 
 Admiralty 
 marshal. 
 
 (s) Crump v. Day, 4 C. B. 760. 
 
 (<) Brackenbury \. Laurie, 3 Dowl. 
 180. 
 
 (u) Crump v. Day, ubi supra. 
 
 (r) Dixon v. Ensell, 2 Dowl. 621. 
 
 (w) Bishop v. Hinxman, 2 ib. 166. 
 
 (x) Packington v. CuUiford, 1 Eoll. 
 921 ; Ex. pi. H. 2 ; Adair v. Shaw, 
 1 Sc-k. & Lef. 265. 
 
 (y) Hobson v. Thelluston. L. R. 2 
 Q. B. 642 ; 8 B. & S. 476 ; 36 L. J. 
 Q, B. 302 ; 15 W. II. 1037 ; 16 L. T. 
 N. S. 837; Stinton v. Fiirnham,~L. R. 
 7 Q. B. 175; 41 L. J. Q. B. 52; 25 
 L. T. N. S. 747; 20 W. R. 183; 
 Moon v. Raphael, 2 Sc. 489 ; 2 Bing. 
 N. C. 310 ; 1 Hod. 289 ; 7 C. & P. 115. 
 
 (z) Bratyer v. Maclean, L. 11. 6 
 
 P. C. 398 ; 33 L. T. 1. 
 
 (a) Wintle v. Freeman, ubi supra. 
 
 (b) Tyler v. Duke of Leeds, 2 Stark. 
 222. 
 
 (c) North v. Sheriff of Middlesex, 
 1 Camp. 389. 
 
 (d) Snowball v. Goodericke, 4 B. 
 & Ad. 541. 
 
 (e) Tyler v. Leeds, ubi supra. 
 (/) Ante, p. 23. 
 
 (g) See 21 Jac. 1, c. 4, s. 4; and 
 Spencer, 3 M. \- AV. 154 ; Jones v. 
 IrtZ&MU, 4 ib. 375. 
 
 (70 Bagge v. Whitelead, 1 T. L. R. 
 698. 
 
 (0 Hall v. Roche, 8 D. & E. 187. 
 
 (j) Brackenbury v. Laurie. 3 DowL 
 180.
 
 168 
 
 EXECUTIVE OFFICERS. 
 
 High 
 bailiff. 
 
 Constables. 
 
 Other 
 officers. 
 
 Withhold- 
 ing evi- 
 dence. 
 
 Omnia 
 prcBsumitn- 
 tur contra 
 spolia- 
 torem. 
 
 As regards the high bailiff, besides the ordinary liability 
 which is the same as that of the sheriff it is enacted that : 
 
 In case any bailiff who shall be employed to levy any execu- 
 tion against goods and chattels shall by neglect or connivance 
 or omission lose the opportunity of levying any such execution, 
 then, upon complaint of the party aggrieved by reason of such 
 neglect, connivance or omission (and the fact alleged being 
 proved to the satisfaction of the Court on the oath of any credible 
 witness), the judge shall order such bailiff to pay such damages 
 as it shall appear that the plaintiff has sustained thereby (&). 
 
 This power of the judge does not extend over the high bailiff 
 of a foreign Court (f). 
 
 The only case in which constables are employed in civil execu- 
 tion at the suit of an individual is that for the recovery of 
 tenements. 
 
 And, as regards other officers, it has been held that an action 
 lies against a postmaster for non-delivery of letters (??), and a 
 collector of customs for refusing to sign a bill of entry without 
 payment of an excessive duty (n), and a highway surveyor for 
 leaving large stones on a road under repair so placed as to cause 
 an obstruction (o). But he is not bound to remove nuisances (p), 
 nor liable for mere non-repair (5). 
 
 It lies also against a minister for refusing admission to the 
 church on proper occasions (), or for removing without authority 
 a monument appended to the wall of the church (s), and against 
 churchwardens for refusing admission to the church at service 
 time of a parishioner (f). 
 
 As to evidence, if it is withheld it renders the maxim Omnia 
 prsesumuntur contra spoliatorem applicable (M). Where a party 
 has the means in his power of rebutting and explaining the 
 evidence against him, if it does not tend to the truth, the 
 omission to do so furnishes a strong inference against him (V), 
 Where a public officer produces an instrument the execution of 
 which he was bound to procure, as against him it is presumed to 
 have been duly executed (10). And if it be defaced or destroyed 
 slight evidence of the contents will usually be sufficient (a;). 
 The general rule in these cases is that the law excludes such 
 evidence as from the nature of the thing, supposes still better 
 evidence in the party's possession or power (^). 
 
 (&) 51 & 52 Viet. c. 43, s. 49. 
 
 (I) R. v. Shropshire County Court, 
 20 Q. B. D. 242; 58 L. T. 8G. 
 
 (m) Eowning v. Goodchild, 2 W. Bl. 
 906 ; Scott v. Shearman, ib. 977. But 
 see Hordern v. Dalton, 1 C. & P. 181. 
 
 (n) Barry v. Arnand, 10 A. & E. 
 646.; 2 P. & D. 633. 
 
 (o) Fearnley v. Ormsby, L. K. 4 
 C. P. D. 136; 43 J. P. 384. 
 
 (p) Morgan v. Leach, 10 M. & W. 
 558; 12 L. J. M. C. 4; 6 J. P. 818. 
 
 (q) Ymiwi v. Dads, 2 H. & C. 197; 
 9 L. T. 145'; 10 Jur. 79. 
 
 (r) Lee v. Matthews, 3 Cons. 173. 
 
 (s) 1 lust. 18b. 
 
 (<) Taylor v. Timson, 20 Q. B. D. 
 671 ; 57 L. J. Q. B. 266 ; 52 J. P. 135. 
 
 (j) Sec ante, p. 151. 
 
 (0) 3 Stark. Evidence, 3rd ed. p. 937. 
 
 (M;) Scott v. Waithman, 3 Stark. 
 N. P. C. 168; Plainer v. Brisco, 11 
 Q. B. 52. 
 
 (a;) 1 Phil. Evidence, 10th. ed. 
 pp. 477, 478. 
 
 (y) Tiryman v. Knoicles, 13 C. B. 
 222; Luml.y v. Wagner, 1 De G. 
 M. & G. 604, 633.
 
 LIABILITIES. 
 
 169 
 
 CRIMINAL PROCEEDINGS. 
 
 Attachment. 
 
 In the case of the sheriff, Admiralty marshal, and high bailiff, Attach- 
 all of whom are officers of the Court, this remedy is open to any ment - 
 person aggrieved by the neglect to perform the duty required 
 of them (a). 
 
 By 50 & 51 Viet. c. 55, s. 29, if any sheriff, under-sheriff, Sheriff, 
 bailiff, or officer of a sheriff is guilty of any breach of the pro- 
 visions of the Act, or of any neglect or default in the execu- 
 tion of his office, he may be punished by the Court as for a 
 contempt (&). 
 
 In regard to the Admiralty marshal, as he is now an officer Admiralty 
 of the High Court, his liability is identical with that of the marshal, 
 sheriff (c). 
 
 As to the high bailiff, it is laid down by 51 & 52 Viet. c. 43, High 
 s. 131, that in case of refusal to act, any party requesting the bailiff, 
 act to be done may apply to the High Court for an order calling 
 on the officer to shew why it should not be done, and that upon 
 the officer's then making default, attachment may issue. 
 
 The incidents of attachment will be found stated below in the 
 next chapter (d). 
 
 Information. 
 
 In the case of all officers other than those mentioned under the 
 head of attachment, the remedy under the criminal law for 
 breach of duty is by information at the suit of the party 
 grieved. 
 
 The majority of statutes which confer powers include penalties 
 for bleaches of public duty by the officers on whom the powers 
 are conferred. 
 
 Every public officer commits a misdemeanour who wilfully 
 neglects to perform any duty which he is bound either by 
 common law or by statute to perform, provided that the discharge 
 of such duty is not attended with greater danger than a man of 
 ordinary firmness and activity may be expected to en- 
 counter (e). 
 
 Informa- 
 tion. 
 
 To what 
 
 officers 
 appkcable. 
 
 (a) See Brainard v. Connecticut 
 Hailway, infra. Of course all officers 
 who refuse to obey the mandates of 
 the Courts are like other persons 
 liable to attachment or committal. 
 See E. v. Winton, 5 T. R. b9. An 
 order for attachment or committal 
 must be applied for on notice, Order 
 xliv., r. 2 : Jupp v. Cooper, 5 C. P. D. 
 
 26 ; Eynde v. Gould, 9 Q. B. D. 335. 
 
 (6) See Hawk. P. C. II. c. 22, ss. 2, 
 3,4. 
 
 (r) Judicature Act, 1873, s. 84. 
 
 Id) Post, p. 201. 
 
 (e) Steph. Dig. Crim. Law, Art. 
 122 ; R. v. Pinney, 5 C. & P. 254 ; 3 
 B. & Ad. 946.
 
 170 
 
 EXECUTIVE OFFICERS. 
 
 When open 
 to indm- 
 dual. 
 
 Withhold- 
 ing evi- 
 dence. 
 
 Breaches of public duty are not, however, remediable at the 
 suit of a private individual, unless he is able to prove that he 
 has sustained actnal damage by reason thereof (/). 
 
 An instance of breach of public duty is the withholding of 
 material evidence. This is presumably perjury (</). 
 
 Where information is obtained from a constable he is bound 
 to state in cross-examination if required by the judge or pre- 
 siding magistrate to do so, the circumstances under which he 
 had seen the facts to which he testified (/*). 
 
 Another instance is where an officer refuses admission to a 
 lock-up or place of detention, of a counsel or solicitor for a 
 prisoner awaiting trial who is retained for his defence, or other 
 person properly claiming to be admitted (), or refuses to give 
 bail when required by law to do so (j). 
 
 It has been held, however, that an indictment does not lie 
 against a highway-surveyor for non-repair of the highway (&), 
 but he may be summoned for this (kk~) or for allowing heaps to 
 remain on the highway at night to the danger of passengers (7), 
 or for damaging mills, &c. (m) or r eglect to fill up pits (n). 
 
 Mandamus. 
 
 Mandamus. A word should be here inserted on mandamus. It is a pre- 
 rogative writ issuing in the Queen's name and directed to a 
 public officer requiring him to do a particular thing appertaining 
 to his office and duty (o). 
 
 In its application it is confined to cases where no effectual 
 relief can be obtained in the ordinary course of an action (p). 
 And inasmuch as the cases in which damages could occur on 
 account of breach of duty which are not obtainable by action are 
 very rare ; it is a remedy which for practical purposes need not 
 be further discussed (q). 
 
 Refusing 
 admission 
 to pri- 
 soner. 
 
 Bail. 
 
 Non-repair 
 of high- 
 way, &c. 
 
 (/) Brainard v. Connecticut Rail- 
 Way, 1 Cush. U.S. 510. 
 
 (g) See Stepli. Comm. 8th ed. p. 
 278, and post, p. 208. 
 
 (h) R. v. Richardson, 3 F. & F. 
 693 ; Webb v. Catchlove, 82 L. T. (N.) 
 103. See Marks v. Beyfu*, 25 Q. B. D. 
 494 ; 63 L. T. 733 ; 6 Ti. Eep. 350. 
 
 (*) See 28 & 29 Viet. c. 126, Sch. I. 
 r. 54 ; and 40 & 41 Viet. c. 21, r. 56. 
 
 (j) See ante, p. 109. 
 
 (k) R. v. Dixon, 12 Mod. 198. 
 
 (kk) 5 & 6 Will. 4, c. 50, s. 94. 
 
 (f) Fearnley v. Onmly, L. R. 4 
 C. P. D. 136. 
 
 (m) 5 & 6 Will. 4, c. 50, ss. 50, 57, 
 72. 
 
 (?) Sect. 55. 
 
 (o) St.-ph. Comm. 8th ed. III. 615; 
 R. v. Bank of England, 2 B. & Aid. 
 622. 
 
 (p) R. v. Chester, 1 T. R. 396; 
 Ex parte Robins, 1 W. W. & H. 578. 
 
 (q) See R. v. Fox, 2 Q. B. 246; 
 R, v. Scott, ih., 248, n. ; and R. v. 
 Wilts JJ., 8 Dowl. P. C. 717.
 
 LIABILITIES. 
 
 171 
 
 EXCESS OF POWER. 
 Self-Defence. 
 
 The first remedy which the law permits a man, against whom Excess of 
 an excess of legal authority is being committed, to resort to, is P wer - 
 that which can be applied on the spur of the moment namely, Self 
 self-defence. The law in reference thereto is as follows : It dc f mce - 
 sanctions the defence of a man's person, liberty, and property 
 against illegal violence, and permits the use of force to prevent 
 crimes. . . yet all this is subject to the restriction that the force 
 used is necessary, that is, that the mischief sought to be prevented 
 could not be prevented by less violent means, and that the 
 mischief done by, or which might reasonably be anticipated 
 from the force used is not disproportioned to the injury or 
 mischief which it is intended to prevent (a). 
 
 The rule that a man shall retreat from an assailant before he 
 uses force applies only to the use of such force as may inflict 
 grievous bodily harm or death (fe). If an officer be killed while 
 exceeding his authority it is manslaughter only (c). 
 
 Fabrication of Evidence. 
 
 It will be convenient to insert here a few words on this 
 head. 
 
 The fabrication of evidence, from a civil point of view, 
 renders the maxim Omnia prsesumuntur contra spoliatorem appli- 
 cable to the case (d*). From a criminal point of view, if it 
 consists in procuring false witnesses, it is subornation of perjury, 
 and if the party tampered with does not actually take an oath, 
 the person inciting him so to do, though not guilty of suborna- 
 tion, is still liable to punishment (e). In cases other than 
 witnesses it is a misdemeanour at common law (/). 
 
 Of fabrication, the following are examples : Placing a pistol- 
 ball in a tree in order to shew that a pistol, when discharged, 
 was loaded with ball ; soiling clothes to give the appearance of 
 a struggle ; fitting shoes to marks in earth or snow to connect 
 the owner of the shoes with the offence ; putting a portion of a 
 
 Fabrica- 
 tion of evi- 
 dence. 
 
 Civil con- 
 sequences. 
 
 Criminal 
 conse- 
 quences. 
 
 (a) Crim. Code R^pt. p. 11. See 
 Pjeatty \. GiU/>anl.'s, ante, p. 80; 
 M-Cleiiaylian v. Waters, Times, 18th 
 July, 1882. 
 
 (6) Steph. Comm. 8th ed. IV. 53. 
 
 (c) Dixon, 1 E. P. C. 313 ; Tooley, 
 2 Ray. 1296. 
 
 (d) See ante, p. 157, and Broom 
 
 Leg. Max. 5th ed. 939, 942 ; and 
 per Mountenay, B., 17 How. St. Tr. 
 1430 ; Not den's Case, Fost. Cr. Law, 
 129. 
 
 (e) 1 Hawk. P. C. c. 69, s. 2. 
 
 ( f) Kept. Crim. Code Commission, 
 p. 21; R. v. IVtoHes, [1891] 1 Q, B. 
 360 ; 39 W. R. 364 ; 60 L. J. 62.
 
 172 
 
 EXECUTIVE OFFICERS. 
 
 Torts 
 which are 
 also 
 crimes. 
 
 Civil pro- 
 ceedings. 
 
 Assault 
 
 and 
 
 battery. 
 
 Assault. 
 
 newspaper into the pocket of a prisoner, his clothes being 
 detained at a police-station, the corresponding portion being 
 found at the scene of the crime ; tampering with witnesses, 
 including that of inducing another officer to swear falsely as to 
 a fact. 
 
 CIVIL PROCEEDINGS. 
 
 Where an excess of power has a twofold aspect namely, 
 tortious and criminal it is remediable either by action or 
 prosecution. The old rule that where a tort amounted to a 
 felony no action could be maintained previous to prosecution is 
 abrogated, and can no longer be set up as a defence to civil 
 proceedings (#). 
 
 Assault and Battery. 
 
 An assault is an attempt or offer to beat another without 
 touching him, as if one lifts up a cane or his fist in a threatening 
 manner at another or strikes at but misses him (A). A battery 
 (which includes an assault) is the unlawful beating of another 
 the least touching of another's person wilfully or in anger (/), 
 and this whether with the person or with any missile or 
 weapon (y). 
 
 The fact of an assault being unintentional does not make it 
 less an assault (&) ; but it may be urged in mitigation of 
 damages (7) ; but if the act be neither wilful nor negligent no 
 action will lie (m). 
 
 In the following cases it was held that an assault had been 
 committed : 
 
 Where A. was advancing in a threatening attitude with an 
 intention to strike B. so that his blow would have almost 
 immediately reached B. if he had not been stopped, though at 
 the particular moment when A. was stopped he was not near 
 enough for his blow to take effect (n). 
 
 An examination by medical men in pursuance of an order of 
 a magistrate of the person of a female in custody upon the 
 charge of concealing the birth of her illegitimate child (o). 
 
 Riding after a person and obliging him to run away into a 
 garden to avoid being beaten (p). Striking a man in a crowd 
 for refusing to stand back, which he was unable to do for the 
 
 (gr) Midland Insurance Company 
 v. Smith, 6 Q. B. D. 561 ; Boope v. 
 D'Avigdor, 10 ib. 412 ; Appleby v. 
 Franklin, 17 ib 93. As to pleading 
 in actions under statute, see Holmes 
 v. Sparkes, ante, p. 1GO. 
 
 (Ji) 3 Black. 120. 
 
 () Ibid. 
 
 (j) Russell v. Horne, 8 A. & E. 
 602. 
 
 (A-) Cocell v. Laming, 1 Camp. 
 
 477. 
 
 (0 James v. Campbell, 5 C. & P. 
 373. 
 
 (m) Stanley v. Powell, 1 T. L. K. 
 25. 
 
 (n) Stephens v. Myers, 4 C. & P. 349. 
 
 (o) Agneio v. Jobson, 14 C. C. C. 
 625 ; 47 L. J. M. C. 67. 
 
 (/) Martin v. Shoppee, 3 C. & P. 
 373.
 
 LIABILITIES. 
 
 173 
 
 crowd behind him (q), or for interfering with an officer engaged 
 in preventing a breach of the peace (r). 
 
 Where plaintiff being in defendant's workshop and refusing 
 to quit when dei>ired, the defendant and his servants surrounded 
 him and threatened to break his neck if he did not go out, 
 whereupon the plaintiff, apprehensive of violence, departed (). 
 
 A threat to shoot a person, coupled with the act of presenting 
 a loaded fire-arm at him, although, it is half-cocked (?). 
 
 In the following cases, no assault was held to have been 
 committed : 
 
 AY here A. comes up to attack B., and B. puts himself into a No assault, 
 fighting attitude to defend himself (). 
 
 Presenting a loaded pistol, coupled with words shewing no 
 intention to shoot the plaintiff (v). 
 
 Where A. seized the bridle of the horse on which B. was 
 riding, and B., after a request to desist, struck A. with his 
 riding-whip, using no more force than was necessary to obtain 
 his release (w). 
 
 Where a constable was wholly passive and merely obstructed 
 the entrance of a person into a room as any inanimate object 
 would (x). 
 
 As regards threatening gestures, if the parties at the time 
 the gestures are used are so far distant from each other that 
 immediate contact is impossible, there is no assault (y). 
 
 With reference to procedure it is laid down that where the Procedure, 
 assault has been heard and determined by justices, a certificate Certificate 
 by such justices of conviction or acquittal is a bar to all further of justices, 
 proceedings (z). 
 
 Such a certificate cannot be granted on an ex parte state- 
 ment (a), but to be valid it need not be granted at the time the 
 summons is heard (6). 
 
 Jn a civil action, that the defendant consented to the assault Pleading, 
 is a good defence (c), and therefore the defence of leave and 
 licence amounts to not guilty (d). 
 
 The defence to complete justification must answer severally 
 the assaults specified in the claim (e). 
 
 (g) Imason v. Cope, 5 ib. 193. 
 
 (r) Levy v. Edwards, 1 C. & P. 40. 
 
 (s) Read v. Golfer, 13 C. B. 859 ; 
 22 L. J. C. P. 205 ; 17 Jur. 990. 
 
 (0 Osborne v. Veitch, IF.&F. 317. 
 
 (M) Mo-riarty v. Brooks, 6 C. & P. 
 68 i. 
 
 O) Blake v. .Barnard, 9 C.&P. 626. 
 
 (w) Eowe v. Haickins, I F. & F. 91. 
 
 (x) Jones v. Wylie, I C. & K. 257. 
 
 (y) Ob'iett v. Grey, 4 Ex. 744 ; 19 
 L. J. Ex. 137. 
 
 (z) 24 & 25 Viet. c. 100, ss. 44, 45. 
 See Holden v. King, 46 L. J. Ex. 75; 
 35 L. T. 479; 25 W. K. 72; and 
 Masper v. Brown, 1 C. P. D. 97 ; 45 
 
 L. J. C. P. 203; 34 L. T. 254; 24 
 W. K. 369. 
 
 (a) Reed v. Nutt, 24 Q. B. D. 669 ; 
 5J L. J. Q. B. 311; 62 L. T. 635; 
 38 W. R. 621 ; 54 J. P. 559 ; 6 L. T. R. 
 266. 
 
 (6) Hancock v. Somes, 28 L. J. M. C. 
 196 ; Costar v. Hetherington, ib. 198. 
 
 (c) B. v. Coney, 8 Q. B. D. 534; 
 51 L. J. M. C. 66 ; 15 Cox, C. C. 46 ; 
 46 L. T. 307; 30 W. K. 678; 46 
 J. P. 404. 
 
 (rf)- Christopherson v. Barr, 11 Q. B 
 473; 17 L. J. Q. B. 109; 12 Jur. 374. 
 
 (e) Bush v. Barter, 4 M. & So. 
 588.
 
 174 
 
 EXECUTIVE OFFICERS. 
 
 That ofmolliter manus imposuit is a good defence to a battery (/). 
 But if there be violence it is negatived ((7). 
 
 As to the defence of son assault demesne, this admits the 
 assault (A). But it is a good defence provided there be no 
 excess ('). 
 
 Where A. and TC. are joint defendants, that does not prevent 
 A. pleading a justification to another and separate assault (_/). 
 Evidence. To justify a battery the defendant must shew that there was 
 an unlawful resistance on the part of the plaintiff to the lawful 
 acts of the defendant (&). A sheriffs officer, it has been held, 
 can only justify laying his hand upon a man in order to arrest 
 him on a writ of process (Z), or in case of resistance or an 
 attempt to rescue him (TO). 
 
 A plea justifying an assault on the ground that it was com- 
 mitted in dispersing a meeting, must either allege as a fact that 
 the meeting was unlawful, or state facts from which its unlaw- 
 fulness can be inferred (n). 
 
 Where plaintiff sued defendant for assault in taking him 
 tinder a habeas corpus, after he had requested him not to do so, 
 the writ having issued at the instance of the plaintiff, there 
 being no sufficient evidence that the defendant knew at whose 
 instance the writ issued, the assault was held justifiable (o). 
 
 Upon issue taken on a plea of son assault demesne it is necessary 
 to prove an assault commensurate with the trespass sought to 
 be justified (p). But the defendant may give evidence of an 
 assault by the plaintiff without this plea (3). 
 
 And in any action of assault, though he has not pleaded 
 justification, he may in cross-examination extract evidence in 
 mitigation of damages (r). 
 
 Damages. As to damages, the Court will seldom interfere with the 
 discretion of the jury, and the jury may take into consideration 
 circumstances which go to aggravate or mitigate the injury 
 sustained (). 
 
 Where the assault has been carried to the extent of mayhem 
 or wounding, heavy damages will be recoverable unless it be 
 excused or justified (<). 
 
 (/) Titley v. Foxall, 2 Ld. Ken. 308. 
 
 (o) Oakes v. Wood, 2 M. & W. 791 ; 
 M. & H. 237; Gregory v. Hill, 8 
 T. R. 299 ; Johnson v. Northicood 1 
 Moo. 420 ; 7 Taunt. 689. 
 
 (A) Hay v. Kitchen, 1 Wils. 171. 
 
 (0 Blunt v. Beaumont, 2 C. M. & R. 
 412 ; 4 D. P. C. 219 ; Dean v. Taylor, 
 11 Ex. 68. See Simmer v. Rimmer, 
 16 L T. 238. 
 
 (j) Kearney v. Tottenham, 15 W. R. 
 1020. 
 
 (fc) Gregory v. Hill, ubi sup. 
 
 (?) Harrison v. Hodgson, 10 B. & C. 
 415. 
 
 (m) 1 Ray, 222 ; 2 Str. 1049. 
 
 (n) O'Kelly v. Harvey, 10 Ir. L. R. 
 285. 
 
 (o) Hemming v. Hudson, 3 Ex. 107. 
 
 (p) Beece v. Taylor, 4 N. & M. 
 470; 1 H. & W. 15. 
 
 (q) Syers v. Chapman, 2 C. B. N. S. 
 438. 
 
 (r) Moore v. Adam, 2 Chit. 198: 
 Linford v. Lake, 3 H. & N. 276; 27 
 L. J. Ex. 334 ; De Gondonin v. Lettris, 
 10 A. & E. 120. 
 
 () Tullidge \. Wade, 8 Wils. 18; 
 l\-rkins v. Vaughan, 4 M. & G. 989 ; 
 7 Sc. N. R. 886; Speck v. Phillips, 
 5 M. & W. 281 ; 7 Dowl. 470. 
 
 (/) Bac. Ab. Maibem.
 
 LIABILITIES. 
 
 175 
 
 Wherever the wrong is of a grievous nature, done with a high 
 hand, or is accompanied with a deliberate intention to injure, or 
 with words of contumely and abuse, the jury are authorized in 
 giving vindictive damages (u). 
 
 This action must be commenced within four years next after Limitation, 
 the cause of su</h action, and not after (#). 
 
 Extortion. 
 
 The cases which arise under this head are, as in the case of 
 action for damages (w), mainly those concerned with civil execu- 
 tion. It will be advisable, therefore, to set out here the fees 
 and charges which are payable to officers concerned in this 
 process. 
 
 Those of other officers where there are any, will be found 
 stated with the powers enumerated in former parts of the work. 
 
 As regards the sheriff, he is entitled to charge the fees and 
 poundage which were charged, prior to the Sheriffs' Act, 1887, 
 until altered in pursuance of this Act (a;). 
 
 The poundage allowed is for the first 100, 5 per cent., and 
 afterwards 2^ per cent. (</). 
 
 The fees are as follows (z) : 
 
 For every warrant which shall be granted by the sheriff to his officer upon 
 any writ or process : 
 
 (M) Thomas v. Harris. 27 L. J. Ex. 
 353 
 
 (v) 21 Jac. 1, c. 16, s. 3. 
 
 (TO) Ante, p. 165. 
 
 (x) 50 & 51 Vk-t. c. 55, ss. 20, 39. 
 
 Extortion. 
 
 Chiefly 
 relates to 
 civil exe- 
 cution. 
 
 Sheriff. 
 
 Poundage. 
 Fees. 
 
 In London or Middlesex 02 
 
 And on outlawry process, an additional . . . . .02 
 In other counties, where the most distant part of the county shall 
 
 not exceed 100 miles from London . . . . .05 
 
 Not exceeding 200 miles 06 
 
 Exceeding 200 miles . . . . . . . .07 
 
 Where there are several defendants in a writ of capias, and warrants 
 are issued thereon by the under-sheriff against more than one 
 defendant, no more shall be charged in any case for each 
 warrant, after the first, than . . . . . .02 
 
 For an arrest in London . . . . . . . . 10 
 
 In Middlesex, not exceeding 1 mile from the G. P. O. . . . 10 
 
 Not exceeding 7 miles from the same place . . . .11 
 
 In other counties, not exceeding a mile from the officer's residence. 10 
 Not exceeding seven miles . . . . . . .11 
 
 Exceeding seven miles . . . . . . . .111 
 
 For conveying the defendant to gaol from the place of arrest (a), 
 
 per mile . . . . . . . . . .01 
 
 For an undertaking to give a bail bond . . . . . 10 
 
 For a Bail Bond. 
 
 If the debt do not exceed 50 10 6 
 
 100 110 
 
 150 1 11 6 
 
 (?/) 29 Eliz. c. 4. 
 
 (z) 7 Will. 4 & 1 Viet. c. 55, s. 3. 
 
 (a) See Cooper v. Hill, 6 C. B. N. S. 
 703 ; 28 L. J. C. P. 311 ; 6 Jur. N. S. 
 99.
 
 176 EXECUTIVE OFFICERS. 
 
 s. d. 
 
 If the debt do not exceed 300 220 
 
 400 330 
 
 500 440 
 
 If it shall exceed 500 550 
 
 For receiving money under the statute upon deposit for arrest, and 
 
 paying the same into Court, if in London or Middlesex . .068 
 If in any other county . . . . . . . . 10 
 
 For Filing the Sail Bond. 
 
 If the arrest be made in London or Middlesex . . . .020 
 If in any other county . . . . . . . .040 
 
 Assignment of Bail or other Bond. 
 
 If in London or Middlesex . . . . . . .050 
 
 If in any other county, including postage . . . . .076 
 
 For the return to any writ of habeas corpus, if one action . .0120 
 For each action after the first . . . . . . .026 
 
 For the bailiff to conduct prisoner to gaol, per diem . . .0106 
 And travelling expenses per mile . . . . . .010 
 
 To the bailiffs for executing warrants on extent, capias ultagatum, 
 ne exeat, attachment, elegit, possession, forfeited recognizance, 
 and other like matters, for each, if the distance from the sheriffs 
 office or the bailiffs residence do not exceed five miles . .110 
 If beyond that distance, per mile . . . . . .006 
 
 Bond of indemnity besides stamps . . . . . 1 10 
 
 Certificate of execution having issued for record . . . .050 
 
 Under The following fees may now be charged for execution of 
 
 fieri facias, writs of fi. /a., under order of 31st of August, 1888 : 
 
 1. For expenses incurred by the sheriff's officer in making inquiries as to 
 the goods of an execution debtor, and as to claims for rent and other claims 
 on the goods, the actual expenses not exceeding under any circumstances 
 1 1. 
 
 2. For seizure by the sheriff's officer. For each building or place sepa- 
 rately rated at which a seizure is made, 1 Is. 
 
 3. For mileage, to include the mileage of the bailiff or the man in posses- 
 sion, per mile from the sheriff's officer's residence, Is. 
 
 The foregoing shall be paid by the execution creditor, and shall not be 
 recoverable by him, although the execution proves abortive. 
 
 4. For man in possession, per day, 5s. 
 To provide his own board in every case. 
 
 5. For removal of goods or animals to a place of safe keeping, when 
 necessary, the actual cost. 
 
 6. When goods or animals are removed, for warehousing and taking charge 
 of the same (including feeding of animals), 2J per cent, on the value of the 
 goods or animals removed, or the sum endorsed on the writ of execution, 
 whichever is the less. No fees for keeping possession of the goods or animals 
 to be charged after the goods or animals have been removed. 
 
 7. For the inventory and valuation, cataloguing, lotting and preparing for 
 sale, when no sale takes place by reason of the execution being withdrawn, 
 satisfied, or stopped, 1\ per cent, on the value of the goods (6). 
 
 8. For advertising and giving publicity to the sale by auction, the sum 
 actually and necessarily paid. 
 
 9. For commission to the auctioneer on a sale by auction, 7 per cent, on 
 the sum realized, not exceeding 100; 5 per cent, on the next 100, 4 per 
 
 (b) This does not apply to seizure of a ship : Cohen v. De las Bivas, 
 39 W. R. 539; 64 L. T. 661.
 
 LIABILITIES. 
 
 Ill 
 
 cent, on the next 200, and on any sum exceeding in all 500, 3 per cent, 
 up to 1000, and 2J per cent, on any sum excending 1000. 
 
 10. For any sale by private contract, half the percentage allowed on a sale 
 by auction. 
 
 11. Poundage and fee for delivery of writ as before. 
 
 The foregoing fees 2, 3, 4, 5, 6, 8, 9, 10, and 11, shall be levied in every 
 case in which an execution is completed by sale, as fees payable to sheriffs 
 were levied before the making of this order. In every case where an execu- 
 tion is withdrawn, satisfied, or stopped, the fees under this order shall be 
 paid by the person issuing the execution, or the person at whose instance the 
 sale is stopped, as the case may be; and the amount of any costs and charges 
 payable under this scale shall be taxed by a Master of the Supreme Court 
 or District Eegistrar of the High Court (as the case may be), in case the 
 sheriff and the party liable to pay such costs and charges differ as to the 
 amount thereof (e). 
 
 Proceeding against the sheriff for contempt does not preclude 
 the plaintiff from bringing his action (d). 
 
 Fees are payable by the creditor (e), and whether the process 
 be regular or irregular does not matter (/). 
 
 As to levy for fees and poundage it is doubtful whether this 
 extends to elegit (</). It is probably confined to the charges (A). 
 
 Where the sheriff claims more than he is entitled to, it is not 
 necessarily extortion (i). 
 
 The sheriff is entitled to deduct poundage though the parties 
 compromise before he sells (_/), and when the execution has 
 been set aside for irregularity after the levy and payment over 
 of the proceeds have been made (&). But where he leaves goods 
 taken in execution with a person who parts with the possessiou 
 of them, he may not retake them merely to secure his own 
 poundage where the execution was fraudulent (7). 
 
 When he has seized and is in possession of the goods or lands, 
 he is entitled to poundage (m). But the seizure must be actual 
 and according to the writ (n). It is not necessary that he 
 should proceed to a sale (o). 
 
 But a tender before seizure is equivalent to payment, and no 
 poundage is payable in such cases Q>), nor where after seizure 
 and before sale the writ is set aside (5). 
 
 When bankruptcy supervenes after seizure and before sale, 
 
 (c) There is no appeal from this 
 taxation : Townend v. Sheriff of 
 Yorkshire, 24 Q. B. D. 621; 59 
 L. J. Q. B. 156; 62 L. T. 402; 38 
 W. R. 381 ; 51 J. P. 598. 
 
 (d) Pilkington v. Cooke. 16 M. & W. 
 615. 
 
 (e) Wat. p. 112. 
 
 (/) Bullen v Ansley, 6 Esp. 111. 
 
 (fj) Mahon v. Miles, 30 W. R 123. 
 
 (/O Porter v. Wootton, 28 Sol. J. 
 548. 
 
 (i) Long v. Bray, 10 W. R. 841. 
 See Stephot* \. Both w<-ll, G Moo 338. 
 
 O') Alchin v. Wells, 5 D. & E. 470. 
 
 (A-) Eawstone v. Wilkinson, 4 M. 
 & S. 256. 
 
 (1) Goode v. Langley, 7 B. & C. 26. 
 
 (m) Mortimore v. Cragg, 3 C. P. D. 
 216; 47 L. J. C. P. 348; 38 L. T. 
 116; 26 W. R. 363. 
 
 (n) Bissicks v. Bath Colliery Com- 
 pany, 3 Ex. D. 174; 47 L. J. Ex. 
 408 ; 38 L. T. 163; 26 W. R. 215. 
 
 (o) Re Sheriff of Surrey, 38 L. T. 
 116. 
 
 (p) Colls v. Coates, 11 A. & E. 
 826; 3 P. & D. oil. 
 
 (q) Miles v. Harris, 12 C. B. N. S. 
 550; 31 L. J. C. P. 361. 
 
 Process of 
 contempt 
 does not 
 preclude 
 action. 
 
 Fees pay- 
 able by 
 creditor. 
 
 Levy for 
 fees. 
 
 Excessive 
 claim not 
 always 
 extortion. 
 
 Poundage 
 on com- 
 promise. 
 
 Execution 
 set aside. 
 
 Due on 
 seizure. 
 
 Bank- 
 ruptcy
 
 178 
 
 EXECUTIVE OFFICERS. 
 
 Winding- 
 up. 
 
 Keeping 
 possession. 
 
 Payment 
 into ex- 
 chequer. 
 
 no poundage is due as costs of the execution (r), nor are such 
 costs expenses incurred while in possession for cutting, carrying, 
 threshing, and dressing corn (si). 
 
 The sheriff is not entitled to the costs of preparing a sale 
 which has been stayed by notice of a prior act of bankruptcy (<). 
 But otherwise he is so entitled (u) ; and in determining the 
 amount for which execution is levied possession-money may be 
 taken into account even after an injunction has been granted 
 restraining the sheriff from sale (y). 
 
 Where, by reason of a winding-up order, the sheriff was 
 ordered to deliver up money and goods seized by him, the 
 liquidator was directed to pay the amounts due to the sheriff for 
 levy and charges on the writs and the costs of his application 
 for such an order (H?). 
 
 He will be allowed his costs of keeping possession after 
 applying to the Court, where it is for the benefit of the parties, 
 tnough it be not in furtherance of his duty (a;). But where he 
 retained out of the proceeds of a sale, which were not sufficient 
 to satisfy the plaintiff's claim, the expenses occasioned by keep- 
 ing possession under an injunction, this was disallowed (y/). 
 If he levies and remains in possession of floods, other than 
 those of the execution debtor without any special order from 
 the execution creditor, he cannot recover such possession- 
 money (z). 
 
 But if, after taking possession of the goods of a company 
 which afterwards goes into liquidation, he is restrained from 
 selling, he is entitled to his poundage and costs (a). And all 
 incidental expenses may be charged where the sale takes place 
 by order of the Court, even though it subsequently appear that 
 the seizure was wrongful (6). 
 
 Where after seizure and before sale the execution creditor 
 becomes disentitled to recover the debt, the sheriff cannot sell 
 any portion of the goods in order to realize the amount of his 
 possession-money, fees, and expenses (c). 
 
 Where a bailiff illegally compelled the plaintiff under a threat 
 of distraining his goods to pay him a sum of money, it was held 
 that the fact of the bailiff's having before the commencement of 
 the action paid over the entire sum to the sheriff, who had paid 
 it into the Exchequer, was no defence (d). 
 
 (r) 46 & 47 Viet. c. 52, s. 46. 
 In re Lmlmore, 13 Q. B. D. 415 ; and 
 see In re Levy, 63 L. T. 291; 38 
 W. R. 784. 
 
 (s) Ex parte Conder, 20 Q. B. D. 
 40; 36 W. R. 526. 
 
 (0 Searle v. Blaise, 14 C. B. N. S. 
 856. 
 
 (w) In re Craycraft, 8 C. D. 596. 
 
 () Ex parte Lithgoic, 10 ib. 169. 
 
 (ic) In re Opera, Limited, 1891, 
 2 Ch. 154 ; but soe 7 T L. K. 655. 
 
 (x) Lttderdt-n v. Bunjcss, 4 Dowl. 
 
 104. 
 
 ((/) Buckle v. Bewes, 5 D. & R. 
 495 ; 4 B. & C. 154. 
 
 (z) Newman v. Merriman, 26 L. T. 
 397 ; Royle v. Busby, 6 Q. B. D. 171. 
 
 (a) In re Perkins Beach Lead 
 Mine, W. N. 1877, 261. 
 
 (7>) Bland v. Dtlano, 6 Dowl. 293 ; 
 1 \V. W. & H. 75. 
 
 (c) Sneary v. Abdy, 1 Ex. D. 299. 
 
 (</) Snoinlen v. /A<c/V, 1 I'uuut. 
 359.
 
 LIABILITIES. 
 
 179 
 
 The remedy by action in consequence of the smallness of the 
 sums in dispute is not often resorted to (e). 
 
 With regard to the Admiralty Marshal, the fees payable are : 
 
 On an arrest : os. a day, and if the officers be required to go 
 a greater distance than five miles, reasonable expenses for 
 travelling, board, and maintenance. 
 
 On a sale : 40s. a day, and 10s. poundage for every 50 sold, 
 and part thereof, together with necessary expenses (/). 
 
 As to the high bailiff, it is laid down that if any bailiff or 
 officer of the Court acting under colour or pretence of the pro- 
 cess of the said Court, shall be charged with extortion or mis- 
 conduct, or with not duly paying or accounting for any money 
 levied by him, the judge may inquire summarily and make such 
 order as he thinks just (</). 
 
 The poundage is 6d. in the pound for appraisement, and la. 
 in the pound on the proceeds of the sale (h). 
 
 The following are the fees allowed (f) : 
 
 For keeping possession of goods till sale on any premises, per day 
 (including expenses of removal, storage of goods, and all other 
 expenses), not exceeding five days, Qd. in the pound on the value 
 of the goods seized, to be fixed by appraisement, in case of dis- 
 pute (j). 
 
 For every default summons where not served by a solicitor 
 
 For service of every judgment summons issued upon a judgment of a 
 Court other than a County Court ...... 
 
 For executing every warrant, order of commitment, precept, or writ 
 issued, from or on a judgment of a Court, other than a County 
 Court, 1. in the pound on the amount for which it issues, so that 
 the total fee does not exceed 20s. ; and for keeping possession, 
 appraisement and sale, the same allowances as under a warrant of 
 execution by a County Court. 
 
 8. d. 
 
 I 
 5 
 
 For service within home district of every sum- 
 mons, petition, notice or order : 
 If within two miles of court-house . 
 It' beyond, for every additional mile or part 
 For service in a foreign district each defendant 
 Where service ordered to be personal additional 
 For execution of each warrant in home dietrict . 
 Mileage double that on summons, supra. 
 
 Where subject-matter 
 of the suit 
 
 does not 
 exceed 100. 
 
 does exceed 
 100. 
 
 s. d. 
 
 4 6 
 6 
 6 
 4 
 7 6 
 
 8. d. 
 
 6 6 
 6 
 8 
 5 
 10 
 
 (e) Longdill v. Jones; Pilldngton 
 V. Cooke, ubi sup. ; and see ante, 
 p. 167 ; and jiosf, p. 201. 
 
 (/' Supreme Court Funds, 1884, 
 r. 100. 
 
 (<7) 51 & 52 Viet. c. 43, s. 50. 
 
 (/O Sict. 154. 
 
 Remedy 
 not often 
 resorted to. 
 
 Admiralty 
 marshal. 
 
 Fees. 
 
 High 
 bailiff. 
 
 Poundage. 
 Fees. 
 
 (i) Treasury Order, Dec. 86. 
 
 (j) The judge may allow this 
 where the execution is non-effective, 
 by reason of not being upon goods 
 of the execution debtor: Thomas v. 
 Peek, 20 Q. B. D. 727. 
 
 N 2
 
 180 
 
 EXECUTIVE OFFICERS. 
 
 Actions 
 may be 
 trans- 
 ferred. 
 
 Overseers. 
 
 Action to 
 recover 
 moneys im- 
 properly 
 paid. 
 
 
 Where subject-matter 
 
 
 of the suit 
 
 
 does not 
 
 Joes exceed 
 
 
 exceed 100. 
 
 100. 
 
 
 8. d. 
 
 8. d. 
 
 For execution of each warrant in foreign district 
 
 10 
 
 15 
 
 Keeping possession for each day the man is 
 
 
 
 actually in possession ..... 
 
 6 
 
 7 6 
 
 Superintending sale, either by auction or private 
 
 
 
 contract, making out account and paying 
 
 
 
 money into Court, 2 per cent, on first 50 so 
 
 
 
 paid, and 1 per cent, on all afterwards. 
 
 
 
 In Admiralty Matters. 
 
 
 
 For service of summons or subpoena, if served 
 
 
 
 within three miles of registrar's office . 
 
 5 
 
 5 
 
 Beyond that distance, whether for service or 
 
 
 
 execution, all reasonable expenses. 
 
 
 
 In execution of a warrant of arrest of a vessel 
 
 
 
 or property . . . . 
 
 15 
 
 20 
 
 In keeping possession of a vessel or property, to 
 
 
 
 include the cost of a vessel-keeper if required, 
 
 
 
 per day ....... 
 
 5 
 
 5 
 
 In sale of vessel or property including inventory, 
 
 
 
 for every 50 or fraction thereof . 
 
 10 
 
 10 
 
 For service of summons of commitment 
 
 4 
 
 8 
 
 Execution of warrant against body or goods 
 
 20 
 
 30 
 
 Conveyance to gaol, per mile .... 
 
 1 
 
 1 
 
 In all cases where the amount is not disclosed, 
 
 
 
 it shall be taken not to exceed 100. 
 
 
 
 Actions by or against officers may at the request of the party 
 other than the officer be transferred to an adjoining Court for 
 trial (Ji). 
 
 As to overseers, it is enacted that distresses for small rents (I) 
 under 20 are not to be charged' for otherwise than as follows : 
 
 Levying distresses ........ 
 
 Man in possession, per day 
 
 Appraisement, whether by one broker or more, 6d. in the 
 pound on value of goods ; stamp, the lawful amount 
 thereof, all expenses of advertisements (if any) 
 
 Catalogues, sale and commission, and delivery of goods, Is. 
 in the pound on the net produce of the sale. 
 
 10 
 
 Aggrieved parties may apply to a justice, who may adjudge 
 treble the amount unlawfully taken, and costs. 
 
 But, besides these special proceedings, an action lies generally 
 against officers to recover moneys improperly paid to them. 
 
 (ft) 51 & 52 Viet. c. 43, ss. 42, 43. 
 See Partridge v. JUlkington, L. K. 
 G Q. B. 82; 10 L. J. Q. B. 49; 19 
 W. R. 385. 
 
 (Z) 57 Geo. 3, c. 93, s. 1. Extended 
 to rates and taxes by 7 & 8 Geo. 4, 
 c. 17.
 
 LIABILITIES. 
 
 181 
 
 Where an officer obtains money from a person by means of 
 oppression, imposition, or deceit, an action will lie for its re- 
 covery (m) ; as, for instance, where a sheriff obtains money 
 under the pressure of an illegal arrest (n) ; or under a threat to 
 sell goods under a fi. fa. which he has no right to sell (o) ; or 
 receives money in excess of that due (j>) ; or where a toll-collec- 
 tor exacts an illegal or unauthorized toll (q) ; or where an officer 
 levies money by seizing and selling goods upon a magistrate's 
 conviction, which is afterwards quashed (r) ; or a revenue 
 officer unlawfully seizes goods as forfeited and unlawfully de- 
 tains them, and takes money which he has no right to take as 
 the condition of their release (). 
 
 But an action does not apparently lie against a revenue officer 
 to recover an overpayment (), nor to recover duties received by 
 him after the Act which imposed them is repealed, if he has 
 paid them over to his superior (). Nor does it lie against a 
 highway surve} - or for failing to restore an overplus of distress 
 to the owner, if such restoration be not properly demanded (i?). 
 
 If assets in the hands of an officer have been increased by an 
 honest mistake of law, the Court will compel him to recognize 
 the rules of honesty, and to act accordingly (w). 
 
 Under certain statutes an action lies for a penalty for taking 
 money under colour of office (x). 
 
 Where a sheriff's officer was sued for a penalty for extor- 
 tion (?/) which was not proved, but the claim was held out- 
 rageous, the action against the officer was dismissed, but without 
 costs (z). 
 
 False Imprisonment (a). 
 
 Every confinement of the person is an imprisonment, whether False 
 it be in a common prison or in a private house, or even by imprison* 
 forcibly detaining one in the public streets. Unlawful or false 
 imprisonment consists in such confinement or detention without 
 sufficient authority (6). 
 
 False imprisonment commences from the time of arrest, and 
 
 When it 
 does not 
 lie. 
 
 General 
 rule where 
 money 
 come to 
 officer's 
 hands. 
 
 Action for 
 penalty. 
 
 (m) Neate v. Hardinge, 6 Ex. 349 ; 
 20 L. J. Ex. 250. 
 
 (re) Payne v. Chapman, 4 Ad. & E. 
 864 ; Mesnil v. Daldn, L. R. 3 Q. B. 
 18 ; 37 L. J. Q. B. 42. 
 
 (o) Valpy v. Manley, 1 C. B. 602. 
 
 (p) Dew v. Parsons, 2 B. & A. 
 562 ; 1 Chit. 295. 
 
 (3) Lewis \. Hammond, 2 B. & A. 
 206. 
 
 (r) Feltham v. Terry, Bull, N. P. 
 131 n. 
 
 (s) Alien v. Backhouse, 3 M. & W. 
 645 ; Irring v. Wihon, 4 T. R. 485. 
 
 (0 Whit-bread \. Brooksbanl;, Cowp. 
 89 ; Lofft, 529. But see GtraZJt* v. 
 . Holt, 346. 
 
 () Greenway v. Hurd, 4 T. R. 553. 
 
 (p) Charinton v. Johnson, 14 L. J. 
 Ex. 299. 
 
 Or) In re Opera, Limited. [1891] 
 2 Ch. 154, but see 7 T. L. R. 655. 
 
 (x) As to this, see Edirards v. 
 Salmon, 23 Q. B. IX 531 ; 58 L. J. 
 Q. B. 571 ; 38 W. R. 166. 
 
 ((/) 50 & 51 Viot. c. 55, e. 29. 
 
 (z) Woolford's Trustee v. Levy, 7 
 T. L. R. 598. 
 
 (a) The remedy of a person falsely 
 imprisoned is in the first instance, i.e. 
 while under arrest to obtain a writ 
 of habeas? curpus. 
 
 (6) 3 Black. 127.
 
 182 
 
 EXECUTIVE OFFICERS. 
 
 lasts until the plaintiff is before the magistrates. After that it 
 becomes malicious prosecution (c). 
 
 Actual contact is not necessary to constitute an imprisonment. 
 Any restraint put upon the freedom of another by shew of autho- 
 rity or force, is sufficient to constitute an imprisonment (d), so 
 that if a person is restrained from leaving a room or going out 
 of a house without the presence of a constable, this infringe- 
 ment of his personal liberty will constitute an imprisonment (e). 
 If you put your hand on a man, or tell him he must go with 
 you, and he goes, supposing you have the right and the power 
 to compel him, that is an arrest (/). 
 
 By sheriff. A person unlawfully imprisoned by a sheriff or any of his 
 officers shall have an action against such sheriff in like manner 
 as against any other person that should imprison him without 
 warrant (#). 
 
 Where the bailiff having a writ of fi. fa. in his hands arrested 
 the defendant, instead of levying on his goods, the sheriff was 
 held liable (Ji). So also was he where he arrested a person who 
 represented himself to be the person named in the writ, for de- 
 taining him after he had notice that he was not the real party (i). 
 And he is also liable where he arrests after the return-day of 
 the writ (j). 
 
 If a bailiff who has a process against any one says to him, 
 " You are my prisoner ; I have a writ against you " ; on which 
 the person addressed submits, turns back, or goes with him, 
 though the bailiff never touched him (&) ; or if a constable com- 
 mand a person to go with him, and the order is obeyed, and 
 they walk together in the direction pointed out by the constable, 
 in each case there is a constructive imprisonment (/). And in 
 an action against a constable by A., he cannot defend himself 
 under a magistrate's warrant against B., although A. was 
 charged with felony before the magistrate, and was the person 
 against whom the warrant was intended to issue (w) ; nor if 
 
 By con- 
 stable. 
 
 (c) Austin v. Dotcling, 5 L. R. C. P. 
 534; 39 L. J. C. P. 260; 22 L. T. 
 721 ; 18 W. E. 1003. 
 
 (d) The practice of "shadowing" 
 by the police, which has been the 
 subject of debate. on several occasions 
 of late in Parliament, would appear 
 to fall within these words. And even 
 if the party be suspected of felony 
 about to be committed on which 
 arrest might take place, it seems 
 doubtful whether this practice could 
 be justified. Cases have occurred in 
 which false charges have been made 
 as a cover for this process. 
 
 (e) Warner v. liiddiford, 4 C. B. 
 N. S. 206. The practice of watching 
 premises would appear to come within 
 tlitsc words. 
 
 (/) Per Tindal, C.J., Wood v. Lane, 
 6 C. & P. 774. 
 
 (<7) 50 & 51 Yict. c. 55, s. 15. 
 
 (h) Smart v. Hutton, 8 A. & E. 
 568 ; 2 N, & M. 426. 
 
 (i) Dmtston v. Paterson, 2 C. B. 
 N. S. 495 ; 3 Jur. 982 ; 26 L. J. C. P. 
 267. 
 
 (/) Parratt v. Mumford, 2 Esp. 
 585. 
 
 (A-) Grainger v. Hill, 4 Bing. N. C. 
 212 ; 5 Sc. 580. 
 
 (1) Bird v. Jones, 1 Q. B. 742 ; 15 
 L. J. Q. B. 82 ; 9 Jur. 870. 
 
 O) Haye v. Buth, 2 Sc. N. B. 86 ; 
 1 M. & G. 775; 1 Drink. 15; and 
 see Creagh v. Gamble, 24 L. E. Ir. 
 458.
 
 LIABILITIES. 
 
 183 
 
 he arrest a person on a charge from another person which is 
 unreasonable (n). 
 
 But the forcibly preventing a party from proceeding in a 
 particular direction, e.g. along a public footway, is not an 
 imprisonment (o). And a constable on duty at a police station 
 is justified in detaining a person brought there in charge and 
 delivered to him by a constable, although he may have been 
 illegally arrested (p). 
 
 The keeper of a prison who receives and detains one appre- By gaoler, 
 hended and charged in custody under a warrant runs the risk 
 of the warrant having been executed against the proper person, 
 and if by rnisttke it be executed against authority, he is 
 liable (<?). So also is he if where a duty to dischaige is cast 
 upon him, he detain a person longer (r). 
 
 But where the cause does not appear on the face of the war- 
 rant or order and he complies with its terms, he is not liable (s). 
 
 Every unlawful detainer of a prisoner after he has gained a Generally, 
 right to be discharged is a fresh imprisonment (<). 
 
 All persons aiding and assisting in the unlawful confinement 
 of another are responsible in damages for the trespass, although 
 they had nothing to do with the original arrest, and had no 
 knowledge that the arrest and imprisonment were unlawful at 
 the time they had a hand in it (). But this does not upply to 
 a constable arresting on a hue and cry (V), or on a reasonable 
 charge made by another person (w). If a wrong person be 
 arrested by mistake, all persons causing the arrest are liable for 
 the injury, unless the party complaining has brought the 
 injury en himself by his own misstatenients and misrepresenta- 
 tions (). 
 
 A justification of an imprisonment on the ground that the Procedure, 
 plaintiff had committed felony, and an abandonment of the plea Pleading, 
 at the trial, or a failure to prove it, are evidence of malice, and 
 a ireat aggravation of tlie original wrong; but a justification 
 on the ground that a felony had been committed, and that the 
 defendant had reasonable and prob tble cause to suspect the 
 plaintiff guilty of it is rather in the nature of an apology for 
 the defendant's conduct (if). The onus of justification is on the 
 defendant, and therefore in trespa>-s for arrest on a warrant the 
 plaintiff need not produce the warrant (z). It lies on the defen- 
 dant to plead and prove affirmatively the existence of reasonable 
 
 (H) Hogg v. Ward, 3 H. & N. 417. 
 
 (o) Bird v. Jones, ubi supra. 
 
 ( p) Bowditch v. Fossbury, 19 L. J. 
 Ex. 339. 
 
 (3) Aaron v. Alexander, 3 Camp. 
 34. 
 
 (r) Moone v. Eose, L. K. 4 Q. 13. 
 486 ; 38 L. J. Q. B. 236. 
 
 (s) Greaves v. Keene, 4 Ex. D. 73. 
 
 (<) Withers v. Iltah-y, Cro. Jac. 
 379 ; 2 Inst. 52. 
 
 (u) Griffin v. Coleman, 4 H. & N. 
 265; 28 L. J. Ex. 137. 
 
 O) Ante, p. 98. 
 
 (w) Ante, p. 99. 
 
 (x) Davies v. Jenkins, 11 M. & W. 
 754. 
 
 (y) Wanricl: v. Foulkes, 12 M . \V. 
 509 ; 1 L). & R. 638 ; 13 L. J. Ex. 
 109 ; 8 Jur. 85. 
 
 (z) Ilolroyd v. Doncaster, 11 Muo. 
 441.
 
 184 EXECUTIVE OFFICERS. 
 
 cause as his justification (a). A plea which professes to justify 
 several assaults and false imprisonments laid in separate counts, 
 must shew distinct occasions upon which the defendant was 
 justified in committing each particular trespass (6). 
 
 The question of reasonable and probable cause is for the 
 judge (c). 
 
 Where, under statutes, constables are authorized to arrest 
 oifenders in their view or found committing oifences, a plea 
 justifying an arrest must allege that the oifence was committed 
 within view of the constable, or the offender was found com- 
 mitting such offence, as the case may be (d). And where a 
 statute authorized a constable to remove an offender, a plea 
 stating that he was so removed and detained in custody, was 
 held no justification, such detention having been unlawful (e). 
 Evidence. Proof must be given of circumstances from which the judge 
 and jury may decide whether there was or was not a restraint 
 or a detention of the person, and it is not enough for witnesses 
 to swear that they considered the plaintiff was in custody, nor 
 to shew that the defendant at a police office stood before the 
 plaintiff and said, "You cannot go away till the magistrate 
 comes," if it appears that he relinquished that attitude, and 
 went to another part of the office before the plaintiff had made 
 any attempt to depart (/). 
 
 If A. imprisons B., and in continuance of the imprisonment 
 delivers him into the charge of C., who keeps him in custody, 
 the acts and declarations of C. are evidence against A. (</). If 
 a witness who admits that he stole similar property at the same 
 time is called to sustain the defence, his testimony ought to 
 receive some confirmation (Ji). The defendant cannot cross- 
 examine as to the bad character of the plaintiff, nor as to 
 previous charges against him (?'). 
 
 A conviction of a third party for the same offence as that for 
 which plaintiff was arrested cannot be put in, unless the defen- 
 dant knew of it at the time of the arrest (j). And a conviction 
 which when put in proves to be informal, has no weight (&). 
 
 Reasonable and probable cause of suspicion is good evidence 
 in mitigation of damages under not guilty (J). 
 
 (a) Hicks v. Faulkner, 46 L. T. (/) Cant v. Parsons, 6 C. & P. 504. 
 127 ; 8 Q. B. D. 167 ; 51 L. J. Q. B. (</) Powell v. Hodgetts, 2 ib. 432. 
 268 ; 30 W. E. 545 ; 46 J. P. 420 ; (ft) Richards v. Turner, Car. & M. 
 Mure v. Kaye, 4 Taunt. 34; and 414. 
 
 see M'Cloughan v. Clayton, Holt, (Q Downing v. Butcher, 2 M. & 
 
 N. P. C. 478. Bob. 374. 
 
 (b) M'Curday v. Driscoll, 1 C. & M. (j) Thomas v. Russell, 9 Ex. 764 ; 
 618 ; 3 Tyr. 571 ; Daw-son v. Clark, 2 C. L. R. 542 ; 23 L. J. Ex. 233. 
 
 1 Bla. 563. (7.-) Justice v. Gosling, 12 C. B. 39; 
 
 (c) Howard v. Clarke, 20 Q. B. D. 16 Jur. 42!) ; 21 L. J. C. P. 94. 
 
 558. (7) Perkins v. Vaughan, 4 M. & G. 
 
 (d) Simmons v. Milligm, 2 C. B. 989; 5 Sc. M. R. 881 ; 12 L. J. C. P. 
 524; 10 Jur. 224; 15 L. J. C. P. 102. 38; 6 Jur. 1114; Chinn v. Morris, 
 
 (?) Williams v. Glenister, 4 D. & R. 2 C. & P. 36 1. 
 217 ; 2 B. &- C. 699,
 
 LIABILITIES. 
 
 185 
 
 Every expense that the plaintiff necessarily incurs in order to Damages, 
 restore himself to a complete state of freedom is recoverable as 
 damages (m). But he cannot recover in respect of having been 
 detained whereby he missed an opportunity of being taken into 
 employment (n) ; nor for illness caused by refusal of defendant 
 to send for medical assistance, unless the jury find that the de- 
 tention was unreasonable (o). The Court never interferes with 
 the discretion of the jury, unless the damages are grossly exces- 
 sive or founded on a mistaken or improper view (p). Where 
 some working men were unlawfully imprisoned for six hours, 
 being in the meantime well fed and cared for, and the jury 
 awarded 300 to each, the Court refused to set aside the ver- 
 dict (3). And where a person was arrested on a bad warrant 
 for arrears of poor-rate, the damages were held to be the amount 
 he had paid under protest on arrest (r). 
 
 The plaintiff may in his notice of trial, and the defendant may Jury, 
 within four days afterwards, or such extended time as may be 
 allowed, claim to have the action tried by a jury (s). 
 
 The action must be commenced within four years next after Limitation, 
 the cause thereof (f). 
 
 Malicious Prosecution. 
 
 A malicious prosecution is a prosecution instituted by one Malicious 
 person against another without reasonable and probable cause, prosecu- 
 and which has failed. It commences at the time the plaintiff tlon ' 
 is before the magistrates. Prior to this, it is false imprison- 
 ment (w). 
 
 Prosecuting a person with any other motive than bringing a 
 guilty party to justice is a malicious prosecution, as where it 
 is instituted with the view of terrifying parties from the 
 commission of some prevalent offence (V). 
 
 If there be no reasonable or probable cause for a charge, the 
 action lies (w~), and so also does it for maliciously obtaining or 
 executing a warrant (of). 
 
 (m) Foxall v. Harriett, 2 El. & Bl. 
 298 ; 23 L. J. Q. B. 7. 
 
 00 Eoey v. Felton, 11 C. B. N. S. 
 142 ; 31 L. J. C. P. 105; 9 Jur. 764; 
 5 L. T. 354; 10 W. R. 78. 
 
 (o) O'Brien v. Brabner, 49 J. P. 
 227 ; 78 L. T. (N.) 409. 
 
 (p) Per Tindal, C.J. ; Edgell v. 
 Francis, 1 M. & G. 222 ; 1 Sc. N. R. 
 121. 
 
 (q) Huckle v. Money, 2 Wils. 205. 
 
 (r) Clark v. Woods, 17 L. J. M. C. 
 189. 
 
 (s) Order xxxvi., r. 2. 
 
 (t) 21 Jac. 1, c. 16, s. 3. 
 
 (M) Austin v. Doicling, 5 L. R C. P. 
 234 ; 39 L. J. C. P. 260 ; 22 L. T. 
 721 ; 18 W. R. 1003. 
 
 (</) Stevens v. Midland Counties 
 Railway, 10 Ex. 352 ; 2 0. L. R. 130 ; 
 
 23 L. J. Ex. 328 ; 18 Jur. 932. Cases 
 are not unknown of prosecution in- 
 stituted by an officer in order to 
 divert suspicion from himself. 
 
 OP) Clark v. Postan, 6 C. & P. 
 423; Fitzjohn v. Mackinder, 9 C. B. 
 N. S. 505 ; 30 L. J. C. P. 257 ; 7 Jur. 
 N. S. 1283 ; 4 L. T. 149 ; 9 W. R. 477. 
 
 (x) Booth v. Cooper, 1 T. R. 535; 
 3 Esp. 135; 4 Doug. 339; Elsie v. 
 Smith, 1 D. & R. 97; 2 Chit. 304; 
 and see Hope v. Evered, 17 Q. B. D. 
 338 ; 55 L. J. M. C. 146 , 55 L. T. 
 320; 34 W. R.742; Utting v. Burney, 
 5 Ti. Rep. 39 ; and Creagh v. Gamble, 
 
 24 L. R. Ir. 45S.
 
 186 
 
 EXECUTIVE OFFICERS. 
 
 1. Malice. 
 
 2. Want of 
 reasonable 
 and pro- 
 bable 
 
 Counsel's opinion is of no avail to a man who has instituted 
 t-uch a prosecution (?/). 
 
 On the principle that nemo bis rexari debet pro eadem causa it 
 has been held that there can be no appeal from an acquittal (z). 
 Any such proceedings, therefore, would appear to be in the 
 nature of a malicious prosecution. 
 
 The necessary ingredients in this action are : 
 
 1. Malice, which may be either express or implied. 
 
 To sustain the averment of malice the charge must be wilfully 
 false (a). But if in the opinion of the judge there was no 
 reasonable or probable cause, the jury may from that fact alone 
 infer malice (fe). 
 
 Scandalous charges and accusations made by the defendant 
 against the plaintiff in connection with the prosecution are 
 evidence of malice. And so are any statements or declarations 
 made by the defendant tending to shew that he was actuated by 
 spite and ill-will in instituting the prosecution (c). 
 
 It is no answer to shew that the charge preferred against the 
 plaintiff was not sustainable in point of law (d). 
 
 The question of malice is never in terms left to the jury (e). 
 
 2. Want of reasonable and probable cause. 
 
 Keasonable and probable cause has been defined by a learned 
 judge as an honest belief in the guilt of the accused based upon 
 a full conviction founded upon reasonable grounds of the 
 existence of a state of circumstances, which, assuming them to 
 be true, would reasonably lead any ordinarily prudent and 
 cautious man, placed in the position of the accuser, to the 
 conclusion that the prisoner charged was probably guilty of the 
 crime imputed (/). 
 
 Information received from persons apparently respectable and 
 believed to be credible is sufficient (</). The disbelief of the 
 party making the charge is some want of probable cause, not- 
 withstanding other evidence may have shewn that there was 
 primd facie probable cause (7t). The evidence need not be 
 sufficient to convict, nor need it be confirmed at the time of the 
 plaintiff's arrest ('). 
 
 Similarity of handwriting has been held not per se reasonable 
 and probable cause for preferring a charge (j). 
 
 (y) Hewlett v. Crutchley, 5 Taunt. 693. 
 
 283. (/) 
 
 (2) See The Queen v. Loicdon, JJ., 167 ; 
 
 6 Ti. Kep. 389; Cox v. Hakes, ib. 545; 
 
 465; 39 W. E. 145. (g) 
 
 (a) Cohen v. Morgan, 6 D. & E. 8. 1008. 
 
 (b) Susst v. Gibbons, 30 L. J. (/<) 
 Ex. 75. 722 ; 
 
 (c) Mitchell v. Williams, 1 1 M. & W. (7) 
 217; 12 L. J. Ex. 193. 516. 
 
 (rf) Wicks v. Fentham, 4 T. E. (j) 
 
 248. 686. 
 (e) Payne v. Remits, 9 W. B. 
 
 Hicks v. Faulkner, 8 Q. B. D. 
 51 L. J. Q. B. 268 ; 30 W. E. 
 46 L T. 127 ; 46 J. P. 420. 
 
 Cliatfield v. Comeford, 4 F. & F.' 
 
 Broad v. Ham, 5 Biug. N. C. 
 
 8 Sc. 40. 
 
 Dawson v. Vannandau, 11 W. E. 
 
 Clements v. Ohrly, 2 C. & E.
 
 LIABILITIES. 
 
 187 
 
 The question of reasonable and probable cause is for the 
 judge (&). 
 
 3. Prosecution determined in plaintiff's favour. 
 
 The plaintiff, to recover in this action must have had judg- 
 ment in his favour in the prosecution (Z). An acquittal through 
 defect in the indictment is sufficient (MI), but if it be the result 
 of deliberation, and the evidence be such as to cause the jury to 
 pause, it is doubtful whether it is so (n). The prosecution 
 being non-proved is not of itself evidence of malice (o). 
 
 4. Allegation and proof of damnge having been sustained by 
 the plaintiff is essential (|>). 
 
 The plaintiff must in this action allege and prove affirmatively 
 the non-existence of reasonable and probable cause (<?). Every 
 allegation proper to support the action, namely, that the defen- 
 dant falsely, maliciously, and without any reasonable or probable 
 cause, caused the plaintiff to be indicted, and the trial and 
 acquittal must be pleaded (r). 
 
 It is not necessary to state that there was an information, if 
 the defendants procured a warrant to issue ; but if the claim 
 state that the defendant made information on oath, on which 
 the magistrate granted the warrant, the information must be 
 proved and a recital of it in the warrant is not sufficient (s). 
 But the claim is sustained, although it appear that the defen- 
 dant preferred the indictment unwillingly and solely because 
 he was bound over to do so, if it appear that he was himself the 
 cause of his being bound over by originally making a malicious 
 charge (f). 
 
 Where the bill has not been found, an action cannot be 
 supported without evidence of express malice as well as the want 
 of probable cause (). 
 
 The defendant cannot plead probable cause with not guilty, 
 as the two pleas are incompatible (v). 
 
 The plaintiff must give evidence of malice express or implied. 
 It cannot be implied from mere proof of the prosecutor not 
 appearing when called (w). 
 
 In an action for maliciously procuring plaintiff to be arrested 
 on a charge of larceny, defendant cannot give evidence to shew 
 
 C/0 Howard v. Clarke, 20 Q. B. D. 
 558. 
 
 (Z) Taylor v. Ford, 29 L. T. 392 ; 
 22 W. K. 47. See Castrique v. 
 BeUrens, 3 El. & El. 709 ; 30 L. J. Q. B. 
 163; ;ind Barber v. Lewis, 7 C. B. 
 N. S. 183; 29 L. J. C. P. 161. 
 
 (m) Wicks v. Fentham, 4 T. E. 247. 
 
 (/O Smith v. Macdonald, 3 Esp. 7. 
 But see Willans v. Taylor. 3 Moo. & 
 P. 350. 
 
 (o) Sinclair v. Eldred, 4 Taunt. 7. 
 
 ( p) Freeman v. Arkell, 3 D. & K. 
 669 ; 1 C. & P. 137. 
 
 ((/) llicka v. Faulkner, ubi t-i<p. 
 
 3. Prosecu- 
 tion deter- 
 mined in 
 plaintiff's 
 favour. 
 
 4. Damage. 
 Procedure. 
 
 (r) Carman v. Truman, 1 Bro. P. C. 
 101 ; De Medina v. Grove, 10 Q. B. 
 152. 
 
 (s) Gregory v. Derby, 8 C. & P. 
 749. 
 
 (0 Dubois v. Keates, 3 P. & D. 
 367; 11 A. & E. 329; 4 Jur. 148. 
 
 (u) Byne v. Moon, 1 Marsh. J2. 
 
 () Cotton v. Brown, 4 N. & M. 
 831 ; 3 A. & E. 312. 
 
 (w) Purcell \. Macnamiira, 9 East, 
 361 ; 1 Camp. 199 ; Abrath v. North 
 Eastern liailtcaij Company, 11 Q. B. D. 
 440. 
 
 Evidence.
 
 188 
 
 EXECUTIVE OFFICEES. 
 
 that the plaintiff's character was suspicious, and that his house 
 had been searched on former occasions (). If the defendant 
 gives evidence of probable cause, a witness may, however, be 
 asked whether the plaintiff was not a man of notoriously bad 
 character (j/). But where the plaintiff does not expressly claim 
 damages in respect of injury to reputation, general evidence as 
 to his character is inadmissible (z). 
 
 Damages. There are three sorts of damages in these cases, either of 
 which is sufficient to sustain an action, namely, damage to a 
 man's reputation, person or property (a). And every expense 
 which the plaintiff has necessarily incurred in order to defend 
 himself from the false and malicious charge is recoverable (fe). 
 
 Jury. The right to trial by jury is the same as that in actions for 
 
 false imprisonment (c). 
 
 Limitation. The action must be commenced within four years after the 
 cause of such action and not after (d). 
 
 Public Nuisance. 
 
 Public 
 nuisance. 
 
 Every injury to public rights which affects all persons alike, 
 such as an obstruction in a public thoroughfare merely im- 
 peding the right of passage and rendering the way less con- 
 Special venient, is remediable only by indictment (e). But for any 
 damage. special injury which affects an individual beyond his fellows, 
 such as being delayed in making a journey and compelled to 
 take a circuitous route (/), or driving against the obstruction 
 during a dark night, compensation in damages may be 
 obtained (g). 
 
 The prevention of customers from going to a colliery by 
 obstructing the highway per quod, the benefit of the colliery 
 was lost, and the coals dug up depreciated in value, is such a 
 special and particular damage as to enable the owner of the 
 colliery to maintain an action for the private injury resulting 
 from the nuisance (/i). 
 
 Limitation. The limitation for actions of the first kind is four, and for 
 those of the second kind six years (). 
 
 Slander. 
 Slander. Slander is a false and malicious defamation of character (/), 
 
 (x) Newsam v. Carr, 2 Stark. 69. 
 
 (y) Rodriguez v. Tadmire, 2 Esp. 
 721. 
 
 (z) Downing v. Butcher, 2 M. & 
 Bob. 374. 
 
 (a) Per Holt, C. J., Sairle v. Roberts, 
 1 Ld. Ray. 378. 
 
 (ft) Foxall v. Barnett, 2 El. & Bl. 
 298 ; 23 L. J. Q. B. 7. 
 
 (c) See ante, p. 185. 
 
 (d) 21 Jac. 1, c. 16, s. 3. 
 
 (e) Hart v. BassM, T. Jon. 156. 
 (/) Wickes v. Hungerford Market 
 
 Company, 2 Bing. N. C. 281 ; 2 Sc. 
 462. But see hicket v. Metropolitan 
 Railway, 2 H. L. 175. 
 
 (gi) Iveson v. Moore, 1 Ld. Ray. 
 486; 1 Salk. 15. See Harris v. 
 Mobbs, 2 Ex. D. 268; Wilkins v. 
 Day, 12 Q. B. D. 110; 49 L. T. 399. 
 
 (A) Iveson v. Moore, ubi sup. 
 
 (i) 21 Jac. 1, c. 16, s. 3. 
 
 0') By s. 56 of the County Courts 
 Act, this action docs not lie in that 
 Court. But by s. 64 it may be there 
 taktu by agreement.
 
 LIABILITIES. 189 
 
 expressed verbally, tending to injure the reputation of another 
 and expose him to public ridicule, hatred, or contempt (&). 
 
 The action is not maintainable without proof of actual 
 damage caused to the plaintiff, except where the words impute 
 the commission of a crime, unfitness for society, or misconduct 
 in business (I). 
 
 And to call a man a felon after he has been convicted but 
 received a pardon or undergone his sentence is actionable (m), 
 without proof of such damage. 
 
 Words merely conveying suspicion will not sustain the 
 action (V), but it is otherwise if they impute a crime, though it 
 is described in vulgar language and not in technical terms (o), 
 and the offence imputed need not be an indictable offence (p). 
 
 However honestly the party who publishes a libel believes it 
 to be true, if it is untrue in fact, the law implies malice, unless 
 the occasion justifies the act, and this is a question of law (q). 
 A publication may be a libel on a private person which would 
 not be so on a person in a public capacity, but any imputation 
 of unjust or corrupt motives is equally libellous in either 
 case (r). 
 
 Allegorical terms of a defamatory character or of evil import, 
 such as imputing to a person the qualities of a " frozen snake " 
 in the fable, are libellous per se without innuendoes to explain 
 their meaning (s). 
 
 Eepetition of injurious rumour is actionable unless the occa- 
 sion be privileged, and it is no justification that the rumour 
 existed (). Where slanderous words are not actionable per se, 
 no action will lie against the original utterer for damages 
 resulting from a repetition unauthorized by him (M), nor where 
 the special damage was due not to the slander as uttered by the 
 defendant, but to its repetition (v). It is no answer to shew- 
 that the slander was heard from another, naming the person 
 and the time without shewing that the defendant believed it to 
 be true, and spoke the words on a justifiable occasion (c). If 
 the defendant at the time of speaking the words give the name 
 of the person from whom he heard it, this is no justification ; 
 but if he did this, and at the trial proves this fact, it will go in 
 mitigation of damages (V). 
 
 (A-) Broom, Com. Law, 9th ed. 731. (r) Parmiter v. Coupland, 6 M. & W. 
 
 (/) Bowcli/ev. Edmunds, 1 M. & W. 105. 
 
 12 ; Foulger v. Newcomb, L. K. 2 Ex. (s) Hoare v. Silverlocke, 12 Q. B. 
 
 327. 625 ; and see Jacobs v. Schmaltz, 62 
 
 (ni) Leyman v. Latimer, L. E. 3 L. T. 121 ; 6 T. L. K. 155. 
 
 Ex. D. 352 ; 47 L. J. Ex. 470. (t) Wafkin v. Hall, L. E. 2 Q. B. 
 
 () Simmons v. Mitchell, 6 App. 396. 
 
 Cas. 156. (u) Parkins v. Scott, 1 H. & C. 
 
 (o) Colman v. Goodwin, 3 Doug. 153 ; 31 L. J. Ex. 331. 
 
 90. (V) Speight v. Gosnay, 55 J. P. 501. 
 
 (p) Webb v. Beavan, 1 Q. B. D. (w) M'Pherson v. Daniel, 10 B. & C. 
 
 609 ; 52 L. J. Q. B. 544 ; 49 L. T. 263 ; Ecklin v. Little, 6 Ti. Eep. 366. 
 
 201 ; 47 J. P. 488. (a;) Bennett v. Bennett, 6 C. & P. 
 
 O/) Darlnj v. Ouselrtj. 1 H. & N. 1. 586.
 
 190 
 
 EXECUTIVE OFFICERS. 
 
 Privileged Communications. 
 
 Privileged 
 communi- 
 cations. 
 
 Privileged communications comprehend all statements made 
 bond fide in the performance of a duty, or with a fair and reason- 
 able purpose of protecting the interests of the person making 
 them. In such cases the onus of proving malice lies on the 
 plaintiff (y). 
 
 Charges and communications which would otherwise be 
 slanderous are protected if made bond fide in the prosecution of 
 an inquiry into a suspected crime. It is for the jury to say 
 whether the circumstances warranted the charge made by the 
 defendant, whether it was made bond fide or before more persons 
 than was necessary, or in language stronger than the occasion 
 justified (z). A criminatory communication made by a public 
 officer is privileged if it is confined to a statement of facts which 
 it is his duty to investigate, and contains nothing but what he 
 believes to be true. But if he imputes improper motives to 
 others, and accuses them of attempts to extort money by mis- 
 representation, if irrelevant calumny is introduced, or if it 
 contains strictures upon the motives and conduct of others 
 which the facts stated do not warrant, he will exceed his privi- 
 lege, and subject himself to an action for damages (a). 
 
 Words spoken by a medical officer to the steward of a public 
 school to the effect that the plaintiff, a butcher, who supplied 
 meat to the school, sold bad meat, were held privileged in the 
 absence of malice (&). 
 
 A witness in a court of justice is absolutely privileged as to 
 anything he may say as a witness, having reference to the 
 inquiry on which he is called, and a statement as to another 
 matter made to justify him in consequence of a question going 
 to his credit is within the rule (c). 
 
 Injunction. The Court has jurisdiction to restrain a person making 
 slanderous statements, but such jurisdiction will be exercised 
 with great care (rf). 
 
 Procedure. Where a plea of justification contains several charges, and the 
 prosecutor replies generally denying the whole, the prosecutor 
 is entitled to a verdict, unless the defendant proves to the 
 satisfaction of the jury the truth of all the material allegations ; 
 and if the defendant fails to do this, it is no ground for a new 
 trial that w r ith respect to some of the charges on which the jury 
 gave a verdict against the defendant, the finding was against 
 the weight of evidence (e). A defence stating the matter com- 
 
 (y) SomerviUe v. Hawkins, 10 C. B. 
 583 ; Harrison v. Bush, 5 El. & Bl. 
 344; 25 L. J. Q. B. 2:> ; and see 
 Stuart v. Sell 1 Ti. Kep. 502; 64 
 L. T. 633; 39 W. R. 613; [1891] 2 
 Q. B. 341. 
 
 (z) Primrose \. Laicrence, 11 Ad. 
 & E. 282. 
 
 (a) Cooke v, Wildes. 5 El. & Bl. 
 
 340 ; 24 L. J. Q. B. 367 ; Popham v. 
 Pickbttrn, 7 H. & N. 891 ; 31 L. J. 
 Ex. 133. 
 
 (6) Humphreys v. StiUu-eU, 2 F. 
 & F. 590. 
 
 (c) Seaman v.NetJterc1ift,2 C. P. D. 
 53; 46 L. J. C. P. 128. 
 
 (d) Loofi v. Bean, 26 C. D. 306. 
 
 (e) Reg. v. -Y< vntan, Dears. C. C. 85.
 
 LIABILITIES. 191 
 
 plained of " is true in substance and effect " means true in every 
 particular, and if the defendant does not prove such statement 
 to be true, the defence is not proved, although he proves facts 
 of the same description (/). Where the claim alleged that one, 
 at the request and by the direction of the defendant, uttered 
 the slander, the plaintiff was ordered to give particulars of the 
 names of the persons to whom, and of the place at which such 
 slander was uttered (</). 
 
 But where a slander imputing a specific charge is justified in 
 the defence, particulars of such plea are unnecessary, and will 
 not be ordered (A). 
 
 Evidence will be rejected where the particular facts and Evidence, 
 circumstances sought to be proved are not stated or referred to 
 in the defence (i). A communication being shewn to be privi- 
 leged, it lies on the plaintiff to prove malice in fact ; in order, 
 however, to entitle him to have the question of malice left to 
 the jury, he need not shew circumstances necessarily leading to 
 the conclusion that malice existed, or such as are inconsistent 
 with its non-existence, but they muist be such as raise a pro- 
 bability of malice, and be more consistent with its existence 
 than with its non-existence (/). 
 
 The defendant may (after notice to the plaintiff delivered 
 with his defence) give in evidence in mitigation of damages, 
 that he made or offered an apology before the commencement of 
 the action, or as soon thereafter as he had opportunity to do 
 so (&). Where the defendant does not by his defence assert the 
 truth of the statement complained of, he cannot give evidence 
 in chief to mitigate damages as to the circumstances of publica- 
 tion or the character of the plaintiff unless by leave of the 
 judge or seven days before trial he furnish particulars to the 
 plaintiff of the matters as to which he intends to give evidence (Z). 
 
 Whenever injury has been done to the fair fame, reputation, Damages. 
 or character of the plaintiff, the jury is justified in giving such 
 a sum by way of damages as marks their sense of the malicious- 
 ness or recklessness of the wrongdoer in offering the insult and 
 injury, their belief in the groundlessness of the charge and 
 their desire to vindicate the character of the plaintiff (m), and 
 the Court will never interfere unless the damages are manifestly 
 outrageous and extrnvagai.t (n). 
 
 Where the plaintiff obtained a verdict with nominal damages, Costs, 
 he was held entitled to his full costs (o). 
 
 (/) Weaver v. Lloyd, 4 D. & R. 814 ; [1891] A. C. 73; 39 W. R. 388; 
 
 230. 55 J. P. 500. 
 
 (j;) Bradbury v. Cooper, 12 Q. B. D. (&) <> & 7 Viet. c. 96, s. 1. 
 
 94 ;" 32 W. R. o2. (Z) Order xxxvi., r. 37 ; County 
 
 (A) Gumming v. Green, 1 T. L. R. Court Rules, Order x., rr. 16, 17. 
 
 408. (ra) Doe v. Filliter, 13 M. & W. 51. 
 
 (i) Scott v. Sampson, 8 Q. B. D. (n) Gilbert v. Burtenshaw, Cowp. 
 
 491 ; Wood v. Durham, 59 L. T. 142. 230 ; Lofft. 771. 
 
 (j) Somerville v. Hawkins, ubi (o) Garnett v. Bradley, 48 L. J. 
 
 ntpra ; Ji-noure v. Dflmt-ge, 03 L. T. Q. B. 18(J.
 
 192 
 
 EXECUTIVE OFFICERS. 
 
 Jury. The right to trial by jury is the same as in actions of false 
 
 imprisonment (p). 
 Limitation. The action must be commenced within two years next after 
 
 the words spoken, and not after (g). 
 
 Trespass to 
 personalty. 
 
 Sheriff. 
 
 Execution 
 against 
 wrong 
 person. 
 
 Trespass to Personalty. 
 
 Every direct forcible injury or act disturbing the possession 
 of goods without the owner's consent is a trespass ; and if it 
 amount to a deprivation of possession to such an extent as to be 
 inconsistent with the rights of the owner, it then becomes a 
 wrongful conversion (r). A person who has moved the goods 
 of another without a lawful right to do so, even to put them 
 out of the way, is liable for the natural consequences of the 
 removal (s). 
 
 Every interference with a man's lawful business or occupation 
 without lawful excuse is actionable, such as driving the plain- 
 tiff's tenants from their holdings by menaces (<), or preventing 
 people by the use of threats and intimidation from trading with 
 the plaintiff's vessel in a foreign port (u), or from dealing at the 
 plaintiff's shop, or from sending their children to the plaintiff's 
 school, or placing obstructions and impediments in the way of 
 the exercise of the right of free access to a man's place of 
 business (v). 
 
 With regard to the sheriff, it is laid down that if he seize 
 goods after a tender of the debt and costs, he is liable (jc), but 
 not if he take goods on an execution which is afterwards set 
 aside for irregularity (#), or if he merely seize goods which are 
 privileged from seizure (?/). 
 
 Trespass m et armis lies against a sheriff for taking the goods 
 of A. instead of B. by his bailiff upon &fi. fa. (z). And if there 
 are two persons of the same name and address, and a writ issues 
 against one of them, and the sheriff through inadvertence or 
 mistake executes the writ against the wrong person, he is 
 liable (a). 
 
 Where under a fi. fa. against A. the furniture in his house 
 was seized and eold, where he lived with a woman with whom 
 
 ( p) See ante, p. 185. As to with- 
 drawing the case from the jury, see 
 O'Brien v. Salisbury, 54 J. P. 215 ; 
 6 T. L. K. 133. 
 
 (3) 21 Jac. 1, c. 16, s. 3. 
 
 (r) Underbill, Torts, 5th ed. 265. 
 Possession is sufficient title to main- 
 tain the action : Smith v. Miller, 1 
 T. K. 480. 
 
 0) Walker \. Sharman, 3 F. & F. 
 259 
 
 (<) 1 Koll. Abr. 108, pi. 21. 
 
 (M) Tarletson v. M'Gaicley, Peake, 
 270. 
 
 (v) Bell v. Nidlaiul liaihmy Co., 
 
 10 C. B. N. S. 307; 30 L. J. C. P. 
 273. 
 
 (w) Lefans v. Moregreen, 1 Keb. 
 655; Barker v. St. Quintin, 12 M. 
 & W. 441 ; 1 D. & L. 542 ; 13 L. J. 
 Ex. 144. 
 
 (a;) Doe v. Thorn, 1 M. & S. 425. 
 
 (y) Eideal v. Fort, 11 Ex. 847. 
 
 (z) Sanderson v. Batter, 3 "NVils. 
 309; 2 W. Bl. 842; Acl; worth v. 
 Kempe, 1 Doug. 40. 
 
 (a) Jarmain v. Hooper, 1 D. & L. 
 769; 7 S. N. K. 668; 6 M. & G. 827 ; 
 8 Jur. 127 , 13 L. J. C. P. 63.
 
 LIABILITIES. 
 
 193 
 
 he bad gone through the ceremony of marriage, and to whom 
 the goods belonged before marriage, it was held that the woman 
 having afterwards discovered that the marriage was void, might 
 maintain an action against the sheriff, and recover the value of 
 the goods, although it exceeded the price for which they were 
 sold (6). 
 
 But where the property belonged to a woman who cohabited 
 with the debtor, assumed his name, and represented herself as 
 his wife, the action was not maintainable (c). 
 
 The sheriff is liable to an action by the owner of goods lent 
 on hire if having seized them under an execution against the 
 hirer, he sells the entire property in them ; but the hirer must 
 have given notice to the sheriff on the seizure (d), and for the 
 mere seizure without sale he is not liable (e). 
 
 As to interpleader proceedings, see ante (/). Where neither 
 the premises nor the goods belong to the debtor, the sheriff may 
 on such proceedings be protected against an action for trespass, 
 or for wrongful seizure if no substantial grievance has been 
 done (g). 
 
 And where the sheriff is directed to levy on the goods of a 
 wrong person, he is under no liability for so doing (h). 
 
 An action lies at the suit of an administrator for taking away 
 the goods of an intestate (i). But where an executrix used the 
 goods of her testator as her own, and afterwards married, and 
 then treated them as the goods of the husband, it was held that 
 the action was not maintainable (/). 
 
 A landlord may maintain an action against him for removing Landlord, 
 goods before the rent has been satisfied (&). Where the bailiff 
 in possession of goods under a landlord's distress received a 
 fi. fa. from a sheriff and sold the goods under it, the sheriff 
 was held liable to action at the suit of the landlord (7). 
 
 Where the sheriff sells more than sufficient to satisfy the debt Seizure, 
 and costs he is liable for the excess (m). And he is also liable, 
 if he sell for less money than ought to have been obtained (n). 
 But if a judgment debtor have a qualified interest only as a 
 bailee in goods seized, and the sheriff, having no notice thereof, 
 sells them absolutely, he is not guilty of a conversion by the 
 
 (b) Glasspoole v. Young. 9 B. & C. 
 696. 
 
 (c) Edwards \. Farebrother, 2 M. 
 & P. 293. 
 
 (d) Dean v. Whitaker, 1 C. & P. 
 347. 
 
 (e) Duffil v. Spottisicoode, 3 ib. 435. 
 (/) Page 166. 
 
 (gr) Smith v. Critchfield, 14 Q. B. D. 
 873. 
 
 (7t) Morris v. Scdberg. 22 Q. B. D. 
 615 ; 58 L. J. Q. B. 275 ; 61 L T. 
 283; 37 W. R. 46'J; 53 J. P. 772; 
 5 Ti. Rep. 376. 
 
 (t) Thorpe v. Stallwood, 1 D. P. C. 
 24. 
 
 ( j) Quick v. Staines, 1 B. & P. 293. 
 
 (A-) Calvert v. Joliffe, 2 B. & Ad. 
 418; Haythorn v. Bush, 2 Dowl. 641 ; 
 2 C. & M. 689 ; Cocker v. Musgrove, 
 15 L. J. Q. B. 365. 
 
 (?) Meddell v. Stmcey, 2 M. & Bob. 
 358. 
 
 (m) Batchelor v. Vyse, 4 M. & Sc. 
 552 ; Aldred v. Constable, 8 Jur. 956 ; 
 6 Q. B. 370. 
 
 () Gawler v. Chaplin, 2 Ex. 506 ; 
 18 L. J. Ex. 42.
 
 194 
 
 EXECUTIVE OFFICERS. 
 
 County 
 Court. 
 
 Water 
 bailiff. 
 
 Surveyor. 
 Distress (f 
 
 Detention. 
 
 mere act of selling. It must be shewn that he parted with the 
 possession of the goods and caused them to be used by the 
 purchaser (o). And if he sell goods under a fi. fa., and after- 
 wards the judgment is reversed, the defendant cannot have 
 restitution, but the value for which they were sold (p). 
 
 In the County Court, where the judge had adjudicated in 
 favour of a claimant whose house had been broken and entered 
 and his goods seized and taken away as the goods of an execu- 
 tion debtor, it was held that the claimant could not afterwards 
 proceed in an action of trespass for taking away the goods (3). 
 
 And where a water-bailiff removed what proved to be an 
 illegal fixed engine from a salmon-river, it was held that an 
 action against him for such removal was not sustainable (r). 
 Nor does an action lie against a surveyor for removing a bar to 
 a public way (s). 
 
 With regard to wrongful distress, it has been held that the 
 jurisdiction of the High Court is not ousted by the Taxes 
 Act (). And where the plaintiff who was the owner and 
 occupier of the vicarial tithes and occupier of the rectorial tithes 
 on which the land-tax had been redeemed, was assessed to land- 
 tax for a gross sum for both, which, on demand, he refused to 
 pay, whereupon the collector distrained, it was held that trespass 
 lay for the distress, and that the plaintiff was not bound to 
 appeal (). A conviction on a statute on the face of it, not 
 pursuing the previous statute, nor shewing that any offence had 
 been committed, is bad, and although it has not been quashed, 
 its invalidity may be taken advantage of on the trial of an 
 action of trespass for a distress taken under a warrant grounded 
 upon it (c). But a party making a wrongful distress for two 
 causes as to one of which he is entitled to notice of action, is 
 liable in trespass as to the other (a-). And parties executing 
 distress for poor-rate are liable if they commit any excess not 
 excused by law (y). And so is a highway surveyor if he exe- 
 cute a warrant for highway-rate against a person not charge- 
 able (z). 
 
 Where a revenue officer unlawlully seizes goods as forfeited, 
 and unlawfully detains them, and takes money which he has no 
 
 (o) Lancashire Co. v. Fitzhugh, 6 
 H. & N. 502 ; 30 L. J. Ex. 231. 
 
 (p) Hoe. 5 Co. 90 b. 
 
 (5) Chater v. Chigwell, 14 Jur. 697 ; 
 19 L. J. Q. B. 520 ; 15 Q. B. 217. 
 
 (r) Williams v. Blackwall, 8 L. T. 
 252 ; 9 Jur. 579 ; 32 L. J. Ex. 174 ; 
 11 W. R. 621. 
 
 () PH v. De/el, 64 L. T. 134. 
 
 (<) The ancient remedy for wrongful 
 distress was replevin, which is now 
 practically obsolete except as regards 
 the County Court : Gilbert on Repl. 
 p. 138; County Court Rules, 1889, 
 Order xxxiv. ; Pollock, Torts, 2nd ed. 
 
 299. In such an action 24 Gco. 2, 
 c. 44, s. 6, is inapplicable: Mihrard 
 v. Coffin, 2 Bl. 1331; and see ante, 
 p. 146. 
 
 (M) Shaftesbury v. Russell, 1 B. & C. 
 666. 
 
 (v) Charleton v. Alway, 11 A. & E. 
 993. 
 
 (w) Gimbert v. Coyney, M'Lel. & Y. 
 46. 
 
 (a;) Lamont v. SoutJiall, 1 D. P. C. 
 569 
 
 (y) Bell v. OaUey, 2 M. & S. 259. 
 
 (z) Freeman v. Read, 32 L. J. M. C. 
 226; 10 Jur. 149.
 
 LIABILITIES. 
 
 195 
 
 right to take as the condition oF their release, he is liable to 
 action (a). But where goods liable to duty have been landed 
 and warehoused and examined by officers in the regular execu- 
 tion of their duty, no action can be maintained against such 
 officers for the detention of goods under a belief that they are 
 liable to forfeiture, though it ultimately appears that they were 
 not so liable (b). And condemnation in the Excheqxier is con- 
 clusive against any such action being maintainable (c). 
 
 And where a police officer came into possession of a ring 
 which the plaintiff was supposed to have stolen, but was 
 acquitted on the hearing of the charge, and no order having 
 been made by the magistrate with regard to it, refused to give 
 it up, it was held that the officer was not liable to action at the 
 suit of the plaintiff for the detention (d). 
 
 Where a postmaster delivered up letters of a bankrupt to a 
 trustee believing bond fide that he was entitled to them, it was 
 held he was not liable under 9 Anne c. 10, s. 40, for wittingly, 
 willingly, and knowingly detaining letters and causing them to 
 be detained and opened (e). 
 
 The Court will not, in the absence of a trust, restrain the Injunction, 
 sheriff from selling the goods of a stranger found upon the land 
 of a person against whom execution had issued (/). But if 
 goods have been wrongfully seized by him it is otherwise, and 
 he may be restrained from selling or remaining in possession, 
 but the execution creditor should either be made a party to the 
 action or notice should be served on him before the injunction 
 is granted. The plaintiff will not get his costs of such an action 
 prematurely brought (#). 
 
 In an action against the sheriff the claim after reciting that Procedure, 
 two writs of fi. fa. had been delivered to him to be executed 
 stated that defendant as such sheriff, under colour of the writs, 
 wrongfully seized the goods of the plaintiff to a much greater 
 value than necessary to satisfy, and sold the same. This was 
 held sufficient (A). 
 
 In actions for removing goods seized without paying the 
 rent after notice of its being due, no averment of notice to 
 the execution-creditor is necessary ('). But if the action is 
 founded on the statute, notice to the sheriff is always alleged 
 and should not be omitted (f). The defence of " not guilty " 
 admits the seizure by the sheriff, and it is not necessary to 
 
 (a) Irving v. Wilson, 4 T. K. 485. 
 
 (6) Jacobson v. Blake, 1 Sc. N. R. 
 772; 6 M. & G. 919 ; 13 L. J. C. P. 
 89; 8 Jur. 272; De Gondonin v. 
 Leu-is. 2 P. &- D. 283. 
 
 (c) Scott v. Shearman, 2 W. Bl. 977. 
 
 (d) Bullock v. Dunlap, 2 Ex. D. 43 ; 
 46 L. J. Ex. 156; 36 L. T. 191; 25 
 W. R. 293. 
 
 (e) Meirelles v. Banning, 2 B. 
 & Ad. 909. 
 
 (/) Garstin v. Asplin, 1 Madd. 
 151 ; Jackson v. Stanhope, 15 L. J. Ch. 
 466. 
 
 (g) Billiard v. Hanson, 21 Ch. D. 
 69; Aylwin v. Evans, 47 L. T. 568. 
 
 (h) Gaicler v. Chaplin, ubi. sup. 
 
 (0 Jtittly v. fii/le, 11 M. & W. 16; 
 12 L. J. Ex. 322. 
 
 ( /) Thurgood v. Richards, 7 Bing. 
 428; 4 C. & P. 481. 
 
 O 2
 
 196 
 
 EXECUTIVE OFFICERS. 
 
 produce the warrant to connect him with the officer (&). And 
 where in such an action the defence was that the sheriff seized 
 goods which were alleged to belong to S., but which did not, in 
 fact, belong to him, the plaintiff was nevertheless held entitled 
 to a verdict (T). It is not sufficient for the defendant to shew 
 in mitigation of damages that the goods realized less than 
 the amount of the rent, but he must prove that their actual 
 value to the landlord at the time of removal was less (rn). 
 
 Where a sheriff's officer, having a fi. fa. against A. called at 
 his house when he was from home waited till he returned, and 
 then informed him of his business, this was held sufficient to 
 warrant the jury in finding that the writ was executed at the 
 time of the officer's entry (n). 
 
 A sheriff justifying in trespass under a writ of fi. fa. need not 
 shew his authority (o). 
 
 Evidence. In an action for abusing the process of the Court in order 
 illegally to compel a party to give up his goods, it is not 
 necessary to prove that the action under which the process 
 was improperly employed has determined, nor to aver that 
 the process was sued out without reasonable and probable 
 cause (p). 
 
 An affidavit made by a sheriffs officer under the Interpleader 
 Act respecting the goods is admissible to prove the officer to be 
 the servant of the sheriff (5). 
 
 And where plaintiff, being owner and occupier of the vicarial 
 tithes and occupier of the rectorial tithes, on which latter tithe 
 the land-tax had been redeemed, was assessed to land-tax on a 
 gross sum for which on refusal, the collector distrained, it was 
 held that the demand having been made for a sum alleged to be 
 due for a quarter then expired, defendant could not justify the 
 distress by shewing that a sum was due at the expiration of the 
 current quarter for vicarial tithes which would cover the sum 
 distrained for (r). 
 
 In an action for excessive distress it is not necessary to prove 
 express malice (s). 
 
 Damages. Damages must be both alleged and proved in action against 
 the sheriff for wrongful seizure (<), and any special damage that 
 has been sustained is recoverable (ii). 
 
 Where the defendants had become trespassers ab initio by 
 breaking the door, the jury were rightly directed that they 
 
 (fc) Reid v. Poyntz, 6 M. & W. 210 ; 
 8 Dowl. 410. 
 
 (0 Foider v. CooJcson, 1 Q. B. 419. 
 
 (rn) Thomas v. Mirehouse, 19 Q. B. 
 D. 563 ; 36 W. R. 104. 
 
 (n) Bird v. Bass, 6 M. & G. 143; 
 6 Sc. N. R. 928. 
 
 (o) Cheasley v. Barnes, 10 East, 73 ; 
 Ogden v. Hesketh, 2 C. & K. 772. 
 
 (p) Grainger v. Hill, 4 Bing. N. C. 
 
 212; 5Sc. 261. 
 
 (3) BricMl v. Hulse, 2 N. & P. 426. 
 
 (r) Charleton v. Alway, 11 A. & E. 
 993. 
 
 0) Field v. Mitchell, 6 Esp. 71. 
 
 (0 Tancred v. Allgood, 4 H. & N. 
 444 ; 28 I,. J. Ex. 362. 
 
 (M) Keene v. Dilke, 4 Ex. 388 ; 18 
 L. J. Ex. 440.
 
 LIABILITIES. 
 
 197 
 
 might, even on the defence of not guilty, give damages in 
 respect of all the injuries complained of (). 
 
 In an action for removing goods without paying the rent due 
 the measure of damages is primd facie the amount of rent, but 
 the sheriff may prove that the value of the goods removed was 
 less than that amount (?). The price of the goods sold is not 
 necessarily, but is usually, the measure of damages if the sale 
 be wrongful (x). 
 
 In an action fur taking goods under irregular process, where 
 special damage is alleged and claimed but not proved, the 
 plaintiff is entitled to nominal, or such substantial damages as 
 the jury thinks fit (y). 
 
 Whenever a public officer has wrongfully seized and detained 
 goods from the owner, the latter is entitled to recover the loss 
 resulting from the wrongful act, so that if the property de- 
 tained has fallen in value in the market, the plaintiff is entitled 
 to add the amount of that to the damage he has sustained (z). 
 
 The action must be commenced within four years after the Limitation, 
 cause thereof, and not after (a). 
 
 Trespass to Realty. 
 
 Every unauthorized entry upon or direct interference with Trespass to 
 another's land is a trespass for which an action lies without realty, 
 proof of actual damage (6). And if a man abuse an authority 
 given him by the law as distinguished from that of the party, as 
 in leave and licence, he becomes a trespasser 06 initio (c). But 
 mere non-feasance does not constitute him such a trespasser (d). 
 
 If there is an abuse of authority by which the party becomes 
 a trespasser db initio the plaintiff is entitled to recover damages 
 as well for the part or injury which would have beou justified 
 if there had been no abuse as fur the part which is directly 
 caused by the abuse (e). And the rule that a party cannot be 
 made a trespasser by relation is only applicable where the act 
 complained of was lawful at the time (/.) 
 
 This action will lie for continuing on the premises and dis- 
 turbing the plaintiff's possession after the time allowed by 
 law (gr), or after distress made (h~). 
 
 If a sheriff remain on premises for the purpose of putting the Sheriff. 
 
 (v) Kerbey v. Denby, 1 M. & W. 
 336; 2 Gale, 31. 
 
 (to) Thomas v. Mirehouse, ubi sup. 
 
 (x) Whitehouse v. Atkinson, 3 C. 
 & P. 244. 
 
 (j/) Doss v. Doss, 14 L. T. 6-16. 
 
 (z) Barry v. Arnand, 8 Q. B. 609. 
 
 (a) 21 Jac. 1, c. 16, s. 3. 
 
 (b) Underbill, p. 253. Possession 
 is a sufficient title to maintain the 
 action : Jones v. Chapman, 2 Ex. 821. 
 
 (c) As to this doctrine, see ante, 
 pp. 137. 152. 
 
 (d) Six Carpenters' Case, 8 Co. 
 146 a. 
 
 (e) Kerbey v. Denby, 1 M. & W. 
 341 ; 2 Gule, 31. 
 
 (/) Thorpe v. Stallwood, 5 M. & G. 
 760. 
 
 (gr) Winterbourne v. Morgan, 2 
 Camp. 117. 
 
 (h) Ladd v. Thomas, 4 P. & D. 9.
 
 198 
 
 EXECUTIVE OFFICERS. 
 
 County 
 Court. 
 
 Constables. 
 
 Overseers. 
 
 Highway 
 surveyor. 
 
 Forcible 
 
 entry. 
 
 Injunction. 
 
 purchaser of a lease in possession he would be liable to this action 
 at the suit of the debtor if in possession, although the premises 
 had been sold and transferred ('). 
 
 Where a judge of the County Court adjudicated in favour of a 
 claimant whose house had been broken and entered and his 
 goods seized and taken away as those of the execution debtor, it 
 was held that the claimant was afterwai'ds entitled to proceed 
 for the special damage occasioned by the wrongful breaking and 
 entry (j). 
 
 Where a search warrant was executed by a constable to whom 
 it was not addressed, this was held the proper form of action (&). 
 But where a constable on hearing a noise in a public house at 
 one o'clock in the night, entered the house, the door being open, 
 the action was held not to lie (T). 
 
 Overseers executing a distress for poor-rate are liable if they 
 commit any excess not excused by law (in). 
 
 A surveyor who had removed by order of the highway board 
 the locks from a gate placed across a footpath by the occupier 
 of the land through which it ran, was held liable to this action 
 notwithstanding the order of the board (V), and so also was he 
 where he dug away the plaintiffs bank without authority, 
 although evidence was given that the property was thereby 
 improved (o), and where on an order to lop trees he topped 
 them (jp). 
 
 An attempt to eject by force a person having a legal title to 
 land brings the person who makes it w r ithin the statute against 
 forcible entry (5), and damages cannot be recovered in such 
 case (r), except for independent wrong committed in the course 
 of such entry (s). But an allegation vi et armis in an action for 
 breaking and entering does not imply a forcible entry (tf). 
 
 The Court will not, it appears, grant an injunction in respect 
 of an interference with a church way at the suit of a parishioner, 
 the ecclesiastical courts having jurisdiction in such cases (M). 
 But a local authority interfering with property in an un- 
 authorized manner, as, e.g. when not authorized under the 
 Public Health Act, will be restrained, and the plaintiff will not 
 be left to his remedy under the compensation clauses (?,). An 
 
 (0 Play/air v. Musgrove, 14 M. 
 & W. 239 ; 15 L. J. Ex. 26; 3 D. & L. 
 72 ; 9 Jur. 783. 
 
 (/) Chater v. Chigmll, 14 Jur. 697; 
 19 L. J. Q. B. 520 ; 51 Q. B. 217. 
 
 (A-) Freegard v. Barnes, 1 Ex. 827 ; 
 21 L. J. Ex. 320. 
 
 (?) R. v. Smith, 6 C. & P. 136. 
 
 (m) Bell v. Oakley, 2 M. & S. 259. 
 
 00 Mill v. Hawker, L. R. 10 Ex. 
 62 ; 44 L. J. Ex. 49 ; 33 L. T. 177 ; 
 39 J. P. 195 ; 38 W. E. 346. 
 
 (o) Alston v. Scales, 9 Bing. 3. 
 
 (p) Unwin v. Hanson, [1891] 2 
 
 Q. B. 115 ; 7 T. L. E. 488. 
 
 (q) Laws v. Telford, 13 C. C. C. 
 226 ; 1 App. Gas. 414 ; 45 L. J. Ex. 
 613; 35 L. T. 6i); and see infra, 
 p. 209. 
 
 (r) Newton v. Harland, 1 M. & G. 
 244. 
 
 (s) Beddall v. Maitland, 17 Ch. D. 
 174. 
 
 (t) Harvey v. Bridges, 3 D. & L. 
 55 ; 14 M. & W. 442 ; 1 Ex. 261. 
 
 (u) Batten v. Gedge, 41 C. D 507. 
 
 (i>) Grand Junction Canah'.Shugar, 
 6 Ch. App. 483.
 
 LIABILITIES. 
 
 199 
 
 appeal to a superior board does not oust the jurisdiction of the 
 Court (ic). 
 
 If a public board exceed the due limits of their authority, and 
 commit acts of nuisance, whether of a public or private () 
 nature, the Court may restrain by injunction (?/), unless the 
 jurisdiction is expressly negatived (z). 
 
 As regards apprehended injury, the Court will not usually 
 interfere unless the damage will be irreparable (a). 
 
 If the defendant relies upon the defence of leave and licence, Procedure, 
 he must prove either an express permission from the plaintiff (6), 
 or circumstances from which such permission may fairly be 
 implied (c). 
 
 The defendant may justify under a sufficient legal process, if 
 he had it in fact at the time, although he declared then that he 
 entered for another cause (<f). 
 
 I'o render a defendant liable as a trespasser db initio, facts 
 sufficient to support this must be stated in the claim (e). 
 
 The action may be well laid to have been done under a false 
 charge and assertion, for that is laid only as a matter of aggra- 
 vation, and the jury may give damages for the trespass, as it is 
 aggravated by such false charge (/). In an action for breaking 
 and entering plaintiff's house and expelling him therefrom, the 
 breaking and entering are the gist of the action, and the ex- 
 pulsion is merely aggravation; therefore a justification as to 
 the breaking and entering will cover the whole claim (</). 
 
 The defendant may give in evidence under not guilty that Evidence, 
 he entered by virtue of a warrant, and was turned out, where- 
 upon he committed the trespasses complained of (Ji). But a 
 party who insists on remaining on the land of another against 
 his will, and therefore primd facie against right, ought to shew 
 all the circumstances which make Mich possession lawful and 
 abridge the just rights of property (t). 
 
 Where the defendant put in an informal affidavit to the effect 
 that he had entered under a warrant to search for dutiable 
 goods, it was held no defence (_/). And where a local authority 
 
 (tc) Tinkler v. Wandsworth, 2 D. 
 & J. 261. 
 
 (x) Box v. Allen, 1 Dick. 49. 
 
 (;/) Att.-Gen. v. Forbes, 2 M. & C. 
 133 
 
 (z) Birley v. Chorlton, 3 Beav. 499. 
 
 (a) Palmer v. Paul, 2 L. J. Ch. 
 154; Fh-tclitr v. Bealey, 28 Ch. D. 
 688. See also as to injunctions, Att.- 
 Gen. v. Metropolitan Board of Works, 
 
 1 H. & M. 320 ; Macey v. ib., 33 L. J. 
 Ch. 377 ; Bateman v. Poplar, 37 
 Ch. D. 272; Att.-Gen. v. Richmond, 
 
 2 Eq. 306; Ellis \. Bridgicorth, 2 
 J. & H. 67. 
 
 (6) Kavanagh v. Gudge, 1 M. & G. 
 316. 
 
 (c) Ditcham v. Bond, 3 Camp. 524. 
 
 (d) Crowther v. Ramsbottom, 7 
 T. R. 654 ; and cf. Play/air v. Mus- 
 grove, 14 M. & W. 239 ; 3 D. & L. 72 ; 
 9 Jur. 783; 15 L. J. Ex. 26. 
 
 (e) Shoreland v. Govett, 8 D. & R. 
 257 ; 5 B. & C. 485 ; and see Morrish, 
 v Murray, 2 D. & L. 199 ; 13 M. &W. 
 52 ; 13 L. J. Ex. 261 ; and Johnson 
 V. Leigh, 1 Marsh. 565 ; 6 Taunt. 246. 
 
 (/) Bracegirdle v. Or ford, 2 M. 
 & S. 77. 
 
 (gr) Taylor v. Cole, 3 T. R. 292. 
 
 (h) Eagleton v. Gutter idge, 11 M. 
 & W. 465. 
 
 (t) Hayling v. Okey, 8 Ex. 531. 
 
 (J) B. v. Moseley, 1 C. & K. 718.
 
 200 EXECUTIVE OFFICERS. 
 
 is sued for a trespass, it is incumbent on them to prove affirma- 
 tively from the statute the existence of the power which they 
 claim to exercise (&). 
 
 Damages. Where the defendants had become trespassers ab initio by 
 breaking the door, the jury were rightly directed that they 
 might, even on the defence of not guilty, give damages in 
 respect of all the injuries complained of (Z). 
 
 The true criterion of damages has been held to be the whole 
 injury which the plaintiff has received (wi). If the entry is 
 made after notice or warning not to trespass or is a wilful or 
 impertinent intrusion upon a man's domestic privacy, or an 
 insulting invasion of his proprietary rights, a very serious 
 cause of action will arise, and exemplary damages be recover- 
 able (n). 
 
 But it has been held that a plaintiff is not entitled to recover 
 as damages the costs of setting aside a warrant, and all subse- 
 quent proceedings under which the trespass was committed (o). 
 
 Limitation. The action must be commenced within six years next after 
 the cause thereof, and not after (p). 
 
 (fc) See Button v. Norwich, 27 L. J. 16 L. J. Ex. 297. 
 
 Ch. 741; Simpson v. Staffordshire (n) Merest v. Harvey, 5 Taunt. 443. 
 
 Railway, 34 ib. 887. (o) HoUoway v. Turner, 6 Q. B. 
 
 (1) Kerby v. Denbey, ubi supra. 928. 
 
 (m) Clark v. Netcsam, 1 Ex. 131 ; (p~) 21 Jac. 1, c. 16. s. 3.
 
 LIABILITIES. 201 
 
 CRIMINAL PROCEEDINGS. 
 Attachment. 
 
 Attachment is the punitive process to which the High Court Criminal 
 resorts for excess of public duty on the part of its officers. As proaed- 
 a remedy to an individual it is like all other public process tn 9 $ ' 
 only available where damage has been sustained through such Attach- 
 excess of duty, by such individual (a). ment< 
 
 Being confined to officers of the Court it is only available 
 against the Sheriff, the Admiralty Marshal, the Tipstaff, and 
 the High Bailiff (6\ 
 
 As against the sheriff it has been laid down that attachment 
 may be moved for in any of the following cases : 
 
 Arrest without authority. 
 
 Breaking doors without excuse. 
 
 Corrupt practices. 
 
 Detaining person till he pays money for his release. 
 
 Extortion. 
 
 False return, where circumstances of hardship to plaintiff. 
 
 Force, using needless. 
 
 Illtreating persons arrested. 
 
 Neglecting to execute (c). 
 
 The process cannot be executed on Sunday (d). But it must 
 be moved for within a reasonable time (e). 
 
 If the sheriff has executed the writ and has in his hands or 
 possession, the proceeds of the execution, he is at once liable to 
 this process (/). But the old rule as to attachment absolute in 
 the first instance is abrogated (0). 
 
 The death of the defendant will not remove the sheriff's 
 liability (A) ; but if any of the proceedings against the sheriff 
 be irregular, the Court will set aside the attachment ('). 
 
 The service of the writ must be personal on the sheriff or his 
 deputy 0> 
 
 An order for attachment or committal must be applied for on 
 notice (&). 
 
 (a) Brainard v. Connecticut Bail- L. J. C. P. 138. 
 way Co., 1 Gush. (U.S.) K. 510. (g) Jupp v. Cooper, 5 C. P. D. 26 ; 
 
 (6) See ante, p. 165. As to officers Eynde v. Gould, 9 Q. B. D. 335. 
 other than the sheriff, the process is (h) B. v. Sheriff of Middlesex, 3 
 
 rarely or never resorted to. T. K. 133. 
 
 (c) Hawk. P. C. Bk. II. c. 22, SB. 2, () B. v. Sheriff of Middlesex, 2 
 3 and 4 ; and see 50 & 51 Viet. c. 55, M. & S. 562. 
 
 s. 29. 0') Woodland v. Fuller, 11 A. & E. 
 
 (d) B. v. Myers, 1 T. K. 266. 859 ; 2 P. & D. 570. 
 
 (e) B. v. Perring, 3 B. & P. 151. (fr) Tidd. 8th ed. 314 ; Chit. Arch. 
 (/) Phillips v. Canterbury, 11 M. 7th ed. 556. 
 
 & W. 619 ; Batten v. Tomlinson, 16
 
 202 EXECUTIVE OFFICERS. 
 
 The process is directed to the coroner when it issues against 
 the sheriff, and to the present sheriff when it issues against his 
 predecessor (Z). 
 
 Information (m). 
 
 Informa- Every public officer commits a misdemeanour who in the 
 
 tion. exercise or under colour of exercising the duties of his office, 
 
 does any illegal act, or abuses any discretionary power with 
 which he is invested by law, from an improper motive, the 
 existence of which motive may be inferred, either from the 
 nature of the act or the circumstances of the case. But an 
 illegal exercise of authority caused by a mistake as to the law, 
 made bond fide, is not a misdemeanour (n). 
 
 An officer executing a warrant upon a person absolutely 
 privileged would render himself liable to this process (o). 
 
 If police officials appear as advocates before justices in cases 
 in which they are not properly prosecutors, they are guilty of 
 misdemeanour by virtue of 6 & 7 Viet. c. 73, s. 2, and the pro- 
 ceedings being irregular, a conviction will be quashed (p). 
 
 Eefusing admission to persons into a Court of petty sessions, 
 when an open Court is another instance (g). 
 
 Where, some few years since, a murder had been committed, 
 a police official held a sort of informal inquiry into the circum- 
 stances attending the murder. This was clearly an excess of 
 authority, and rendered the officer liable to this process (r). 
 
 And the same would apply in the case of the illegal practice 
 of interrogating persons under arrest (s). In the case of any 
 persons whether under arrest or not, there is of course no 
 obligation to answer. Such obligation is usually confined to 
 witnesses in open Court. 
 
 An information lies also against officers employed by or under 
 the post office if they suffer letters to be hindered, delayed, or 
 opened (f), and also against persons not so employed (M). 
 
 It also lies against highway surveyors for not filling up and 
 fencing holes within due time (V), for causing stones or other 
 obstructions to remain at night 011 the highway to the danger of 
 passengers (zc), for digging for materials whereby any bridge, 
 
 (Z) Order xliv. r. 2 : Jupp v. Cooper, Cox, 367. In the case of revenue 
 
 ubi supra. officers they are entitled to conduct 
 
 (m) In the case of offences not cases before justices. See 53 \' 54 
 
 cognisable by a Court of Summary Viet. c. 21, s. 27, and 39 & 40 Viet. 
 
 Jurisdiction, the remedy is of course c. 36, s. 273. 
 
 by indictment. (q) 11 & 12 Viet. c. 42, ss. 17, 19. 
 
 (n) Stepli. Dig. Grim. Law, Art. (r) See Amos on the Constitution, 
 
 121 ; 1 Salk. 380 ; Cro. Eliz. 654. 3rd ed. pp. 131, 134. 
 
 (v) See ante, p. 7. (s) Taylor, Evidence, 6th ed. 779. 
 
 ( p) Nicholson v. Naylor, 57 L. J. (*) 9 Anne, c. 10, s. 40 ; 7 Will. 4, 
 
 M. C. 43 ; 58 L. T. 157 ; 52 J. P. c. 36, s. 25. 
 
 162 ; 16 Cox, C. C. 373 ; and see (w) 54 & 55 Viet. c. 46, s. 10. 
 
 Kyle v. Barber, 58 L. T. 229 ; 52 (v) 5 & 6 Will. 4, c. 50, s. 55. 
 
 J. P. 541,725; 16 Cox, C. C. 378; (w?) Sect. 56. 
 and R. v. Bushell, 52 J. P. 136 ; 16
 
 LIABILITIES. 203 
 
 building, &c., is damaged (), and in these cases the civil lia- 
 bility lemains. 
 
 Tax collectors and overseers are also liable to this process for 
 taking more than the fees allowed on a distress (y). And so are 
 workhouse and asylum officers for unlawful detention of a luna- 
 tic (z), or for illtreatment (a), or abuse of a female lunatic (6). 
 But the mode of procedure in these cases is limited to that of 
 prior consent of the Crown law officers, except where commenced 
 by superior officers (c). 
 
 As has been above stated, inasmuch as the sheriff, Admiralty 
 Marshal, Tipstaff, and High Bailiff are liable to attachment, 
 this remedy is not open against them (<i). 
 
 Assault and Battery. 
 
 An assault is an attempt to offer with force and violence to Assault 
 do a corporal hurt to another as by striking at him with or nd 
 without a weapon, or presenting a gun at him at such a distance 
 to which the gun will carry, or pointing a pitchfork at him 
 standing within reach of it, or by holding up one's fist to 
 him, or by any such like act done in an angry, threatening 
 manner (e). 
 
 Any injury whatsoever, be it ever so small, being actually 
 done to the person of a man, in an angry, revengeful, rude, or 
 insolent manner, as by spitting in his face, or anyway touching 
 him in anger, or violently jostling him out of the way, are 
 batteries (/). 
 
 A magistrate has no right to order the examination of the 
 person of a prisoner. Any officer making examination in pur- 
 suance of such order is therefore guilty of assault (</), and so 
 are officers who cut unnecessarily the hair of a pauper in the 
 poor house (Ji). 
 
 But it is doubtful whether the mere presentation of a pistol, 
 which is in fact not loaded, at another is an assault (i), and it 
 is no battery to lay one's hand gently on another whom an 
 officer has a warrant to arrest (y). But if more force than 
 necessary be used it is otherwise (&). 
 
 A person charged with assault and battery may be found 
 guilty of either offence (I). 
 
 (x) Sect. 57. St. George, 9 C. & P. 483 ; E. v. 
 
 (/) 57 Geo. 3, c. 93, s. 6. Baker, 1 C. & K. 254. 
 
 (z) 53 & 54 Viet. c. 5, s. 315. (/) Hawk. P. C. c. xv. s. 2. 
 
 (a) Sect. 322. (g) Agnew \. Jobson, 13 Cox, C. C. 
 
 (6) Sect. 324. 625. 
 
 (c) Sect. 325. Cases may possibly (h) Forde v. Skinner, 4 C. & P. 
 arise where officers with a view to 239. 
 
 gain, may cause to be published (t) E. v. Brown, 10 Q. B. D. 381. 
 false news as to sedition. This is a (j) Hawk. P. C. c. xv. s. 2. 
 misdemeanour : Steph. Dig. C. L. (*) E. v. Mabel, 9 C. & P. 474 ; 
 
 Art. 95. Levy v. Edwards, 1 C. & P. 40. 
 
 (d) See ante, pp. 169, 201. (f) Hawk. P. C. c. xv., s. 1. 
 
 (e) Hawk. P. C. c. xv. s. 1 ; E. v.
 
 204 
 
 EXECUTIVE OFFICERS. 
 
 A battery cannot be justified by an officer unless there was 
 resistance in the party (m), and though one cannot justify by 
 pleading son assault demesne in the indictment, this may be 
 given in evidence upon not guilty (n). 
 
 It is a good defence to prove that the battery occurred by 
 misadventure (o), or that it occurred in arrest on legal pro- 
 cess (j>), provided no greater force than necessary was used (3). 
 
 It is also a good defence to shew that the complaint has been 
 heard and determined by two justices (r). 
 
 Common 
 nuisance. 
 
 Eaves- 
 dropping. 
 
 Con- 
 spiracy. 
 
 Common Nuisance. 
 
 A common nuisance is indictable at common law. 
 
 Every injury to public rights which affects all parties alike, 
 such as an ol struction in a public thoroughfare merely im- 
 peding the right of passage and rendering the way less con- 
 venient, is only remediable by indictment (s). And all injuries 
 to a highway such as digging a ditch or making a hedge across 
 it, laying timber upon it, or doing any act whereby it is ren- 
 dered less commodious to the public, are nuisances at common 
 law (). 
 
 Although an Act of Parliament authorizes alterations or 
 blocking up of a highway, yet if these are not carried out with 
 reasonable care and cause unnecessary danger to persons using 
 the highway, the person carrying out such alterations, &c., may 
 be indicted for obstruction (u). 
 
 Another instance of common nuisance is eavesdropping, which 
 cont-ists in loitering under walls or eaves of a house, to hearken 
 after discc urse and thereupon to frame slanderous and mis- 
 chievous tales. Offenders are apparently indictable at the 
 sessions, and liable to be fined and bound over to good be- 
 haviour (v). 
 
 Conspiracy. 
 
 By the common law, liberty of a man's mind and will, how 
 he should bestow himself and his means, his talents and his 
 industry, is as much the subject of the law's protection as is 
 that of his body. Therefore, if two or more persons agreed to 
 
 (m) Williams V. Jones, Ca. temp. 
 Hard. 301. 
 
 (TI) Per Holt, C.J., R, v. Cotes- 
 worth, 6 Mod. 172. 
 
 (o) Gibbons v. Pepper, 2 Salk. 637 ; 
 and see Coward v. Baddeley, 4 H. & N. 
 478 ; 5 Jur. N. S. 414 ; 28 L. J. Ex. 
 260. 
 
 (p) 2 Roll. Abr. 547a. 
 
 (g) 1 Ld. Ray. 222 ; 2 Str. 1049 ; 
 1 C. & P. 40. 
 
 (r) 24 & 25 Viet. c. 100, ss. 44, 45. 
 See ante, p. 173. 
 
 () Hart v. Basset, T. Jon. 156; 
 R. v. Cross, 3 Camp. 224; R. v. 
 Russell, 6 East, 427. 
 
 (0 1 Hawk. P. C. C. 76, s. 48. 
 
 (w) R. v. Burt, 11 Cox, 399; and 
 see Lewis v. Vaughan, 4 Ti. Rep. 
 649. 
 
 () 4 Bl. Com. 168.
 
 LIABILITIES. 205 
 
 co-operate against that liberty of thought and freedom of will, 
 they would be guilty of a conspiracy (IP). 
 
 A conspiracy is an agreement between two or more persons : 
 
 1. Falsely to charge another with a crime either from a 
 malicious or vindictive motive or feeling towards the party, or 
 for the purpose of extorting money from him. 
 
 This does not extend to the case where persons consult and 
 agree to prosecute a person who is guilty, or against whom 
 there are reasonable grounds of suspicion (a;). 
 
 2. Wrongfully to injure or prejudice a third person or any 
 body of men in any other manner. 
 
 Such as that to injure a man in his trade or profession (y), or 
 to charge a man as the reputed father of a bastard (z) ; but not 
 to commit a mere civil trespass (a). 
 
 3. To commit any offence (6). 
 
 This would apply to the case of officers conspiring with others 
 (not officers) (c) to do that which would be illegal in themselves 
 such as "shadowing" and watching premises (d) ; and also to 
 perpetrate outrages as appears to have been done in Ireland, 
 and perhaps in this country also. This latter would constitute 
 in the officer concerned misprision of felony (e), which consists 
 in knowledge that a felony has been committed and concealment 
 of the fact. 
 
 4. To do any act with intent to pervert the course of 
 justice. 
 
 Such as that of justices to certify that a highway was in 
 repair when they knew it was otherwise (/), and that of pro- 
 curing persons to commit offences, or to spread rumours that 
 offences are about to be committed, with a view to create general 
 alarm, and in order to obtain rewards for the discovery of offen- 
 ders or supposed offenders (<?). 
 
 5. To effect a legal purpose with a corrupt intent or by im- 
 proper means (Ji). 
 
 Nothing need be done in pursuance of the conspiracy ('), and 
 the indictment need not state the overt acts used to effect the 
 intended mischief (j). The word " falsely " need not be used 
 
 (tc) Per Bramwell, B., R. v. Druitt, 28 Ed. I. downwards shews us that 
 
 10 C. C. C. 592. this phrase is frequently not easily 
 
 (x) R. v. Best, 1 Salk, 177 ; 2 Ld. distinguishable from " false witness." 
 
 Eay. 1167. See Ex parte Wolf, 28 (d) And see c/. 38 & 39 Viet. c. 86, 
 
 J. P. 23 ; and also the cases cited, B. 7. 
 
 ante, p. 82. (e) 3 Ed. I. c. 9. 
 
 (/) R. v. Eccles, 1 Leach, 271. (/) R. v. Mawbey, 6 T. R. 619. 
 
 (z) 1 Hawk. c. 72, s. 2. (g) R. v. Macdaniel, 1 Leach, 45 ; 
 
 (a) R. v. Turner, 13 East, 228. Tost. 130 ; R. v. Jolli/e, 4 T. R. 265 ; 
 
 But see R. v. Kerrick, 5 Q. B. 49 ; R. v. Thompson, 16 Q. B. 832 ; 20 
 
 Dav. & M. 208 ; 12 L. J. M. C. 135. L. J. M. C. 183 ; and see R. v. Taylor, 
 
 (6) See Lewis v. Vaugh-m, 4 Ti. 15 Cox, C. C. 265. 
 
 Rep. 649 ; and R. v. Pollman, 2 (h~) See R. \. Parnell, 14 Cox, 508. 
 
 Camp. 229 n. (t) R. v. Best, ubi sup. 
 
 (c) These other persons are usually (J) R. v. Eccles, ubi sup. ; R. v. 
 
 " common iuformers." History from Kimmersky, Stra. 193.
 
 206 EXECUTIVE OFFICERS. 
 
 in the indictment, nor the particular charge be specified, nor 
 need it be laid that the party charged was acquitted (&). 
 
 A defence attempting to justify one of the overt acts is 
 bad (Z). 
 
 It is not necessary to prove any direct or immediate injury, 
 or even to shew any specific overt act (m). The fact of con- 
 spiring need not be proved, but may be collected from other 
 circumstances (n). 
 
 Individuals doing individual acts, but with a combined end 
 previously determined on, is evidence of a conspiracy (o). 
 
 Extortion. 
 
 Extortion. This offence, which is punishable by fine and imprisonment, 
 consists in the taking of money by any officer by colour of his 
 office, either where none is due at all, or not so much as is due, 
 or where it is not yet due (p). 
 
 A threat to accuse a man of a crime with intent to extort 
 money is a felony (</). The threat may be made personally or 
 to a third person with intent that it should be communicated (r). 
 It must be a threat to accuse or an accusation. If A. be in 
 custody for an offence, and the defendant threaten to procure 
 witnesses to prove the charge, it is not sufficient (s), but it need 
 not be a threat to accuse before a judicial tribunal (<). And it 
 is immaterial whether the prosecutor be innocent or guilty of 
 the offence imputed (), if the object be to extort money by 
 means of the accusation (v). 
 
 With regard to the sheriff, he is not'liable for the act of his 
 officer in this case (MJ). The under-sheriff is, however, person- 
 ally liable to this process if he refuse to execute until he has 
 received his fees (#). 
 
 It is extortion to arrest a man in order to obtain a release for 
 him (^), or to obtain money from a prisoner by any colourable 
 means (z) ; and so also was it held to be where a collector of 
 duty obtained a sum of money from a person on the allegation, 
 contrary to the fact, that it was due. And in the same case it 
 was held that the mere fact of the officer having paid the money 
 over to his principal made it none the less extortion (a). 
 
 Where an officer of the local authority under the Public 
 
 (fc) E. v. Spragg, 2 Burr. 993. (r) R. v. Peddle, R. & K. 484. 
 
 (Z) Gregory v. Brunswick, 6 M. & G. (s) R. v. Gill, I Arch. P. A. 302. 
 205. (0 R. v. Robinson, 2 M. & Rob. 14. 
 
 (m) R. v. Rolinson, 1 Leach, 37. (M) R. v. Gardner, 1 C. & P. 479. 
 
 (n) R. v. Parsons, Black. 392. O) R. v. Richards, 11 Cox, 43. 
 
 (o) R. v. Cope, Stra. 144. The (w) Per Ashurst, J. : Woodgate v. 
 
 employment by the police of decoys, Knatchbull, 2 D. & East, 154 ; and 
 
 or of marked money, where the cause see Bagge v. Whitehead, ante, p. 167. 
 of suspicion is not reasonable, would (z) Hescott, 1 Salk. 330. 
 
 amount to a conspiracy. (y) Williams v. Lyons, 8 Mod. 189. 
 
 O) 1 Hawk. P. C. 418, s. 1. (z) R. v. Colvin, ib. 226. 
 
 (2) 24 & 25 Viet. c. 96, s. 1. (a) R. v. Ht'ggin?, 4 C. & P. 247.
 
 LIABILITIES. 
 
 207 
 
 Health Act was paid extra for work not included in his original 
 agreement, it was held he was not liable for penalties as for 
 extortion (6). But the remedy is available as against tax 
 collectors and overseers (c). 
 
 On an indictment it is not necessary to prove that the de- 
 fendant took the exact sum laid. It is for the jury to say 
 whether the excesses were really taken as a fair charge or 
 not (cf). 
 
 There can be no accessories in this offence (e). 
 
 False Imprisonment. 
 
 False imprisonment is a misdemeanour at common law. False m- 
 
 Every restraint of the liberty of a free man is an imprison- * 
 ment (/), though it be in the high street or elsewhere, and he 
 be not put into any prison or house (</) ; but merely preventing 
 a man from proceeding along a particular way is not (Ji), nor if 
 the person escape before actual arrest (). 
 
 The officer need not to complete the arrest actually touch the 
 person. If he lock the door of the room in which he is, it is 
 sufficient (J). 
 
 Where a warrant has been shewn to a party who goes at the 
 desire of the officer without compulsion, it is an imprison- 
 ment (&). 
 
 Where a prisoner in custody for a civil offence escapes, if the 
 escape be negligent, the officer may retake him at any time 
 without warrant (I) ; if voluntary, or the offender be a criminal 
 prisoner, he cannot afterwards be retaken without a new war- 
 rant, unless the offence be one for which he might have been 
 arrested originally without warrant (m), or it be on fresh 
 pursuit (w). 
 
 If a prosecutor fail in proving an imprisonment, he may still 
 prove an assault and battery (o). 
 
 Inciting to Commit an Offence. 
 This is indictable at common law. T ... 
 
 mi, JT f T Inciting to 
 
 1 he offence ot soliciting and inciting a man to commit a commit an 
 felony, is, where no such felony is actually committed, a mis- offence, 
 demeanour only. Where the felony is committed, it is a 
 felony (^)). 
 
 (6) Ed^cardsv.Salmon,23Q.E.D. (/) Williams v. Jones, Ca. temp. 
 
 531 ; 58 L. J. Q. B. 571 ; 38 W. K. 166. Hard. 301. 
 
 (c) See ante, pp. 121, 180. (fc) Chinn v. Morris, 2 C. & P. 361 ; 
 
 (d) E. v. Gilfiam, 6 T. R. 265. Pocock v. Moore, Ry. & M. 321. 
 
 (0 Dalt. 169. 
 
 (m) 2 Hawk. c. 14, s. 9. 
 
 ( ) 10 St. Tr. 462. 
 
 (o) See ante, p. 203. 
 
 (jp) E. v. Gregory, L. R. 1 C. C. R. 
 77 ; 36 L. J. M. C. 60 ; 16 L. T. 388 ; 
 10 Cox, C. C. 459; 24 & 25 Viet, 
 c. 94, s. 2. 
 
 (e) E. v. Loggen, 1 Str. 73. 
 
 (/) 2 Inst. 482. 
 
 (3) Fitz. Bar. 501. As to the prac- 
 tices of " shadowing ' and watching 
 premises, see ante, p. 182, n.n. 
 
 (/p Bird v. Jones, 7 Q. B. 742. 
 
 (i) Bussen v. Lucas, Ry. & M. 26; 
 1 C. & P. 153.
 
 208 EXECUTIVE OFFICERS. 
 
 To solicit a servant to steal his master's goods is a misde- 
 meanour, though it be not charged in the indictment that the 
 servant stole the goods, nor that any other act was done than 
 the soliciting and inciting. Such offence is indictable at the 
 sessions, having a tendency to a breach of the peace (g) ; and it 
 is no defence that the servant purposely submitted himself to 
 the incitement with intent to betray the inciter (r). 
 
 An attempt to suborn a man to commit perjury is a mis 1e- 
 meanour (s), and so is the mere attempt to solicit a person to 
 attempt to commit an offence (f), or to pervert the course of 
 justice by withholding evidence. 
 
 Where a defendant is indicted for a misdemeanour committed 
 by the soliciting another to do an act which if done would 
 amount to a felony and render the defendant also guilty of 
 felony, it is unnecessary to negative the doing of the act, for it 
 cannot be intended that a felony has been committed where 
 none is charged (u). 
 
 Where a person uses words or behaviour of or in the presence 
 of another which are calculated to provoke a breach of the 
 peace, he may be summoned before a justice and bound over to 
 keep the peace for a certain time (). 
 
 But this has been held not to apply to the case of a man 
 going about using insulting words to another (w). There must 
 apparently be fear of corporal injury (x). 
 
 Where officers incite persons to commit crimes it is of course 
 a conspiracy (y). The incitement which is here chiefly alluded 
 to is that which exists in some other countries of provoking 
 persons to offend against the law that the powers of the law 
 may with some colour be employed against them. 
 
 The attempt to force a government reporter into a public 
 meeting would appear to savour of this offence. 
 
 Perjury. 
 
 Perjury. Perjury consists in the wilful taking a false oath before a 
 
 Court or person having competent jurisdiction to administer it 
 
 (g) It. v. Higgins, 2 East, 5. The vol. iv. 
 
 practice of "shadowing" must have (tr) Phillips v. JJ. of Gateshead, 
 
 a similar tendency, and would there- L. T. (X.) 19, 7, 79. In the Met 
 
 fore appear to fall into this category ; Pol. Dist. such conduct is subject to 
 
 as also would that of employing a fine, and in d. fault imprisonment : 
 
 powers not bond fide but simply in 2 & 3 Viet. c. 47, s. 54. 
 
 terrorem, on account of some motive (a;) 1 Hawk. c. 60, ss. 6, 7 ; Dalt. 
 
 other than the extortion of money. c. 116. 
 
 (r) R. v. Quail, 4 F. & F. 1076. ((/) See ante, p. 205. Disturbances 
 
 () Referred to in E. v. Scofidd, and even riots have, it is said, been 
 
 Cald. 397. at times fomented by the police. 
 
 (<) jR. v. R'insford, 13 C. C. C. 9. This would constitute misdemeanour 
 
 () 1 Stark. Cr. Pi. 148. or felony on tlie part of the officers, 
 
 (v) Steph. Comm., 8tli ed. 288, as the case might be.
 
 LIABILITIES 209 
 
 in reference to a matter then pending in a judicial proceeding, 
 and on a point material to the i>sue (z). 
 
 This and the taking a false oath in a matter not of a judicial 
 nature or where not material are both common law misde- 
 meanours (a). 
 
 A false affirmation is punishable in like manner (6). 
 
 The necessary points to establish are : 
 
 1. The false oath must be taken deliberately and in ten* 
 tionally (e). 
 
 2. It must be either false in fact, or if true the defendant 
 must have known it to be so (d), or if false and he swears that 
 he believes it to be true (e). 
 
 3. The oath must have been taken before a Court or officer 
 having competent jurisdiction to administer it (/). 
 
 4. It must be madte in reference to a material part of the 
 matter then under consideration (gr). 
 
 Two or more cannot be jointly indicted for this offence (A).. 
 
 Some one or more of the assignments must be proved by two 
 witnesses, or by one witness, corroborated by proof of other 
 material and relevant facts ('). 
 
 Fabrication of evidence when it consists of the procurement 
 of false witnesses is subornation of perjury, and if the party 
 tampered with does not actually take an oath, the person in- 
 citing him to do so is still liable to punishment (j). Fabrication 
 in cases other than witnesses is a misdemeanour at common 
 law (&). Swearing np to a point (which Hoes not exist) in a 
 charge, e>-sential to its establishment, would appear to savour 
 both of fabrication and perjury. 
 
 Subornation of perjury is punishable as perjury (7). 
 
 Trespass to Realty. 
 
 Trespass to realty is an offence under the criminal law only Trespass to 
 in the case of forcible entry. realty. 
 
 There is no doubt an indictment will lie at common law for a 
 forcible entry, although it is generally brought on the Act of 
 Parliament (??i). In this case there must be proof of such a force 
 as constitutes a public breach of the peace (n). 
 
 An entry by breaking the doors or windows whether any 
 
 (2) See 2 Geo. 2, c. 25, B. 2. (i) B. v. Boulter, 2 Den. 3P6 ; 21 
 
 (a) R. v. Chapman, 1 Den. 432; L. J. M. C. 57; 3 C. & K. 236; R. v. 
 
 2 C. & K. 846. Shaic, L. & C. 579 ; 34 L. J. M. 0. 
 
 (&) 3 & 1 Will. 4, cc. 49, 82. 169. 
 
 (c) 1 Hawk. c. 69, s. 2. (/) Hawk. P. C. I. c. 69, B. 2. 
 
 (d) Ibid. B. 6. (fc) R. V. Vreones, 1891, 1 Q. B. 
 
 (e) R. v. Pedleif, 1 Leacli, 327. 360; 39 W. K. 364; 60 L. J. 62. See 
 (/) 3 Inst. 166; 1 Hawk. c. 60, Crim. Code Com. Report, p. 21. 
 
 ss. 3, 4 ; and see R. v. Aylett, 1 T. R. (1) Arch., 19th ed., p. 887. 
 
 69, and R. v. Hughes, 4 Q. B. D. 614. (m) Per Wilmot, J. : R. v. Bake, 
 
 (a) R. v. Griepe, 1 Ld. Ray. 256 ; 3 Burr. 1731 ; 5 Ric. 2, c. 8. 
 
 R. v. Nichol, 1 B. & Aid. 21. (n) R. v. Wilson, 8 T. R. 357. 
 
 (7?) 7?. v. Phillips, 2 Sir. 921.
 
 210 EXECUTIVE OFFICERS. 
 
 person be iu the house or not, especially if it be a dwelling- 
 house, or where personal violence . is done to the prosecutor or 
 any of his family or servants or caretakers, or when it is accom- 
 panied with such threats of personal violence that it is calcu- 
 lated to prevent the prosecutor from defending his possession, 
 has been held within the statute (o). 
 
 A mere trespass is not sufficient. There must be some shew 
 of force calculated to prevent resistance (p). 
 
 Where the party has no right of entry, all persons in his 
 company, as well those who do not use violence as those who do 
 are equally guilty ; but if he have a right of entry, then only 
 those who use or threaten violence or actually abet those who 
 do, are guilty (5). And where the defendants broke and entered 
 the plaintiff's house to prevent him from murdering his wife, 
 they were held justified (r). 
 
 (o) 1 Hawk. c. 64, ss. 20, 21, 26, 27. (r) Handcock v. Baker, 2 B. & P. 
 (p) H. v. Smyth, 5 C. & P. 201. 260. 
 
 (3) 3 Bac. Abr. Fore. Eut. (B).
 
 APPENDIX. 
 
 I. WARRANTS AND ORDERS OF SUPERIOR COURTS 
 AT COMMON LAW. 
 
 No. 1. 
 
 " Ordered by the Lords spiritual and temporal in Parliament assembled 
 that the Sergeant-at-Arms attending this House shall forthwith attach the 
 person of and bring him in safe custody to the Bar of this House [to- 
 
 morrow at 10 of the clock in the forenoon] and this shall be a sufficient 
 Warrant on that beLalf." 
 
 HENRY GRAHAM, 
 
 Cler. Parl. 
 
 To the Sergeant-at-Arms attending this 
 House, his Deputy and Deputies, 
 and to all Mayors, Justices and other 
 Her Majesty's Officers, to be aiding 
 and assisting in the execution thereof. 
 
 No. IA. 
 
 Whereas by the judgment [or order] dated, &c., it was ordered [recite 
 direction required to be performed]. Now upon motion, &c., by counsel, &c. 
 who alleged that [ ] and upon reading the said judgment [or, order] 
 
 &c. This Court doth order that the Sergeaut-at-Arms attending this Court 
 do [insert order] ; [and thereupon such further order shall be made as shall 
 be just]. 
 
 No 2. 
 
 Whereas the House of Commons have this day resolved that having 
 
 been guilty of a contempt and breach of privilege of this House be committed 
 to the custody of the Sergeant-at-Arms attending this House ; these are, 
 therefore, to require you to take into your custody the body of the said 
 and him safely to keep during the pleasure of the House ; for which this shall 
 be your sufficient warrant. 
 
 Signed 
 
 SPEAKER. 
 
 To the Sergeant-at-Arms attending this 
 House and his Assistants and to all 
 Mayors, Sheriffs, Bailiffs, Justices 
 and other Her Majesty's officers. 
 
 P 2
 
 212 APPENDIX. 
 
 No. 3. 
 
 ASSISTANCE. 
 
 Victoria, &c. 
 
 Whereas according to the tenour and true meaning of an order made in a 
 certain action depending in our High Court of Justice between and the 
 Baid C. D., was ordered and enjoined yet, nevertheless, he the said C. D. 
 
 and other ill-disposed persons his accomplices have refused to pay obedience 
 thereto and detain and kf-ep the possession of the said in manifest 
 
 contempt of us and our said Court, and whereas by an order made in the said 
 action bearing date , it was ordered that a writ of assistance should 
 
 issue directed to the Sheriff of the County of to put the said A. B. into 
 
 possession of the premises in question pursuant to the said hereinbefore 
 recited order and : Know ye, therefore, that we being willing and desirous that 
 justice should be done to the said A. B. in this behalf, do give unto you full 
 power and authority to place and put the said A. B. or his assigns without 
 delay into the full, peaceable and quiet possession of all and singular the said 
 according to the intent and true meaning of the said orders of our said 
 Court, and, therefore, we do hereby command and enjoin you that immediately 
 after your receipt of this writ you do go and repair to and take posses- 
 
 sion of the said and that you do place and put the said A. B. and 
 
 his assigns into the full, peaceable and quiet possession thereof according to 
 the true intent and meaning of the said orders, and herein you are not in any 
 wise to fail. 
 
 Witness, &c. 
 
 No. 4. 
 ATTACHMENT. 
 
 Victoria, &c., to the Sheriff of greeting. 
 
 We command you to attach A. B. so as to have him before us in the 
 Division of our High Court of Justice, wheresoever the said Court shall then 
 be, there to answer to us, as. well touching a contempt which he it is alleged 
 hath committed against us, as also such other matters as shall be then and 
 there laid to his charge, and further to perform and abide such order as our 
 Baid Court shall make in this behalf, and hereof fail not and bring this writ 
 with you. 
 
 Witness, &c. 
 
 No. 5. 
 
 BENCH WABRANT. 
 
 England, to wit : 
 
 Whereas it is certified to me by the Clerk of the Peace for the County of 
 that at the general sessions of the Peace of our lady the Queen hohlen 
 in and for the County of on the ,189 , J. B. late of , was and 
 
 now stands indicted for making an assault upon W. T., gent, and unlawfully 
 violently and injuriously seizing and taking from the said W. T. against 
 his consent, a receipt bearing date the last purporting to be the receipt 
 
 of one E. W., &c., to which indictment the said J. B. hath not as yet appeared 
 or pleaded, these are therefore to will, require and in Her Majesty's name, 
 strictly to charge and command you and every of you upon sight hereof to 
 apprehend and take the body of the said J. B. and bring him before me or 
 one of the other judges of Her Majesty's High Court of Justice being taken in 
 or near the cities of London or Westminster, if elsewhere before some Justice 
 of the Peace near to the place where he shall be found to the end that the said 
 J. B., may become bound with sufficient sureties for his personal appearance 
 at the next general quarter sessions of the Peace of our ludy the Queen to be
 
 APPENDIX. 213 
 
 holden in and for the County of to answer the said indictment and be 
 
 further dealt with according to law. Hereof fail not at your peril. 
 
 Given under my hand and seal, 
 To 
 
 Sheriff of 
 and to all Chief and Petty Constables, 
 
 headboroughs and all others whom 
 
 it may concern. 
 
 No. 6. 
 
 CONTUMACE CAPIENDO. 
 Victoria, &c. greeting. 
 
 Whereas A. B. has signified to us, &c., that C. D. of in your County of 
 
 is manifestly contumacious and contemns the jurisdiction and authority 
 
 of the law and jurisdiction ecclesiastical of nor will C. D. submit to the 
 
 ecclesiastical jurisdiction, but forasmuch as the royal power ought not to be 
 
 wanting to enforce such jurisdiction. We command you that you attach the 
 
 said C. D. by his body until he shall have made satisfaction for the said 
 
 contempt, and how you shall execute this our precept, notify unto us on the 
 
 at our Royal Couris of Justice in London, and in no wise omit this and 
 
 have you then there this writ. 
 
 Witness, &c. 
 
 Indorsement. 
 
 This writ is allowed and delivered of record before our lady the Queen in 
 the Queen's Bench Division of the High Courts of Justice at the Royal Courts 
 of Justice, London, the day of according to the form of the 
 
 statute in such case made and provided. 
 
 No. 7. 
 
 EXTENT. 
 
 Victoria, &c. 
 
 Whereas, A. B. and C. D. of , by their writing obligatory sealed with 
 
 their seals bearing date became bound jointly and severally to us in 
 
 the sum of of good and lawful money of Great Britain, payable at a 
 
 day now past, which said sum of money they have not, nor have either of 
 them yet paid or caused to be paid to us, as we are informed, and we being 
 willing to be satisfied, the same with all the speed we can, as is just, do 
 command you that you omit not by reason of any liberty in your bailiwick, 
 but enter the same and take the said A. B. and C. D. by their bodies wherever 
 they shall be found in your bailiwick, and keep them safely and securely in 
 prison till we shall b^ fully satisfied the baid debt, and that as well by the 
 oaths and testimony of any other good and lawful men by whom the truth 
 may be better known, as by all other lawful means you diligently inquire 
 what lands and tenements, and of what yearly values the said A. B. and C. D., 
 or either of them, had in your bailiwick on the said , on which day 
 
 they first became our debtors as aforesaid, or, at any time since, and what 
 goods and chattels, and of what sorts and prices, and wliat debts, credits, 
 specialties, and sums of m >ney the said A. B. and C. D., or, either of them, 
 or what pers n or persons to their or either of their use, or in trust for them 
 or either of them now hath or have in your bailiwick, and that all and singular 
 such goo<ls and chattels, lands and tenements, debts, credits, specialties, and 
 sums of money in who>e hands soever the same now are, you diligently 
 appraise and extend on the oaths of the said good and lawful men, and do 
 take and seize the same into your hands there to remain until we shall be 
 fully satisfied the said debt according to the form of the statute made for
 
 214 APPENDIX. 
 
 such recovery of such our debts ; and lest this, our command, should not be 
 fully executed, we further command and empower you by these presents to 
 summon before you such persons as you shall think proper, and carefully 
 examine them in the premises, and that you diftinctly and openly make 
 appear to the justices of the Division of our High Court c.f Justice, on 
 
 the day of , in what manner you shall have executed this our 
 
 command, and that you then have there this writ provided, that what goods 
 and chattels you shall seize into your hands by virtue hereof, you do not sell 
 or cause to be sold until we shall otherwise command you. 
 
 Witness, &c. 
 
 No. 8. 
 
 NE EXEAT KEGNO. 
 
 Victoria, &c. 
 
 Wh reas, it is represented to us in our High Court of Justice on the part 
 of A. B. plaintiff, against C. D. defendant, amongst other things, that the 
 said defendant is and designs quickly to go into parts beyond the seas, 
 
 as by oath made in that behalf appears which tends to the great piejudice 
 and damage of the said plaintiff; therefore, in order to prev< nt this injustice, 
 we do hereby command you that you do without delay cause the said C. D. 
 personally to come before you, and give sufficient bail or security in the sum 
 of , that he the said C. D. will not go or attempt to go into parts 
 
 beyond the teas, without leave of our said Court ; and, in case the said C. D. 
 shall refuse to give such bail or security, then you are to commit him the 
 said C. D. to our next pi ison, there to be kept in safe custody until he shall 
 do it of his own accord, and when you shall have taken such secuiity. you 
 are forthwith to make and return a certificate thtreof to our said Couit, 
 distinctly and plainly under your seal, together with this writ. 
 
 Witness, &c. 
 
 No. 9. 
 
 NOCUMENTO AMOVENDO. 
 
 Victoria, &c. 
 
 Whereas, on the day of , at , which said indictment we 
 
 afterwards for certain reasons caused to be brought before us in the Queen's 
 Bench Division of our High Court of Justice to be determined" according to 
 the law and custom of England, and whereas, thereupon at the Assizes liolden 
 at, and in and for the County of , on the day of , before 
 
 Justices , upon the trial of an issue joined between us and the said , 
 
 he, the said was in due manner convicted of the contained in the 
 
 said indictment, in manner and form as in and by the said indictment was 
 alleged against him, as in the said Queen's Bench Division before us more 
 fully appears upon record; whereupon, on the day of , it was 
 
 adjudged and ordered by our said Couit before us that the said for the 
 
 nuisances aforesaid charged upon him by the said indictment, whereof, he was 
 so convicted as aforesaid, should pay a tine of , and that such 
 
 nuisances should be abated as in our said Court before us also appears upon 
 record ; we therefore command you that the said so erected and built 
 
 upon the said highway at the parish of , in the County of , and 
 
 so as aforesaid continued as in the said indictment mentioned, you do without 
 delay remove or cause to be removed, and how you shall execute this, our 
 Writ, make known to us in our said Court immediately after the execution 
 thereof, and have then there this writ. 
 
 Witness, &c.
 
 APPENDIX. 215 
 
 No. 10. 
 
 WARRANT OF COMMITTAL. 
 
 Victoria, &c. 
 
 Whereas, by an order bearing date and made in a certain action, 
 
 wherein A. is plaintiff, and B. defendant, it was ordered that these are 
 
 therefore in pursuance of the said order to will and require you forthwith 
 upon receipt thereof, to make diligent search and inquiry after the body of 
 the said , and wheresoever you shall find him to arrest and apprehend 
 
 him, and bring him to the bar in this Court to answer his contempt in the 
 said order mentioned, willing, and requiring all and singular mayors, sheriffs, 
 justices, bailiffs, constables, gaolers, headboroughs, and all other Her Majesty's 
 officers and loving subjects to be aiding in the execution of the premises as 
 they tender Her Maji sty's service, and will answer to the contrary at their 
 peril, and this shall be your warrant. 
 To 
 
 Tipstaff, 
 of this Court. 
 
 The order absolute for committal is, after reciting the circumstances that 
 this Court doth ordwr that do stand committed to prison for his 
 
 said contempt. 
 
 No. 11. 
 ORDER OF LORDS TO GAOLER. 
 
 " Ordered by the Lords spiritual and temporal in Parliament assembled, 
 that the Constable of Her Majesty's Tower of London, his deputy, or deputies, 
 shall receive the body of [member of this House], 
 
 and keep him in safe custody within the said Tower during the pleasure of 
 this House for his contempt committed against this House ; and this shall be 
 a sufficient warrant on that behalf." 
 
 H. GRAHAM, 
 
 Cler., Parl. 
 To the Constable, &c. 
 
 No. 12. 
 WARRANT OF SPEAKER TO GAOLER. 
 
 Whereas, the House of Commons have this day resolved that 
 having been guilty of a contempt and breach of privilege of this House, bo 
 committed to the custody of the Sergeant-at-Arms attending this House. 
 These are therefore to require you to receive into custody the body of the 
 said and him safely to keep during the pleasure of this House. 
 
 To the Constable, &c., 
 
 Speaker. 
 
 No. 12A. 
 
 The defendant being this day, brought to the bar of this Court, by the 
 
 Sergeant-at-Arms attending this Court, to answer his contempt in not [stating 
 default], and still persisting in his said contempt. It is upon motion, &c., 
 ordered, ti.at the said be turned over to prison, and do remain 
 
 there until he shall [.state what required] clear his coutempt, and this Court 
 make other order to the contrary.
 
 216 APPENDIX. 
 
 No. 13. 
 
 PARDON. 
 
 Victoria, &c. 
 
 Whereas, A. B. was at the Sessions of the Peace [or Assize.s] 1. olden at 
 , in and for the County of , on the day of , convicted 
 
 of , and was senlenced to be impiisoned and kept to hard labour for the 
 
 period of [or, convicted of murder an<l sentenced to death]. 
 
 We, in con.-ideratiou of some circumstances, humbly represented unto Us, 
 are Graciously pleased to xtend Our Grace and Mercy unto him, and to Giant 
 unto him Our [Free] Pardon for the crime of which he so stands convicted 
 [or, on condition that he be kept in penal servitude for the remainder of hia 
 natural life]. Our Will and Pleasure, therefore is, that you cause the said 
 A. B. to be forthwith discharged out of custody [or give tbe necessary direc- 
 tions accordingly]. And, for so doing, this shall be your Warrant. Given 
 at Our Court, at St. James, the day of , 189 , in the year 
 
 of Our Reign. 
 
 To Our Trusty and Well beloved Our 
 Justices of the I'eace, acting in and for the 
 
 County of , The Governor of our By Her Majesty's Command. 
 
 Prison at , and all others whom it 
 
 may concern. 
 
 Secretary of State. 
 
 NOTE. Where the original sentence is of penal servitude, &c., the same 
 form is used with the necessary alterations and with various conditions. 
 
 No. 14. 
 
 REMISSION. 
 
 Victoria, &c. 
 
 Whereas, A. B. was at the Sessions of the Peace holden at , in and 
 
 for the County of , on the day of , convicted of , and 
 
 was sentenced to be imprisoned and kept to hard labour for the period of 
 
 We, in consideration of tome circumstances, humbly represented unto Us, 
 are Graciously pleased to extend Our Grace and Mercy unto the said A. B., 
 and to Remit unto him such part of his [or, e.g., one month of his aforesaid 
 sentence], said sentence as remains yet to be undergone and performed. 
 
 Our Will and Pleasure therefore is, that you cause the said A. B. to 
 
 be forthwith discharged out of Custody [or, that you do take diii- notice hereof]. 
 And for so doing, this shall be your Warrant. Given at Our Court at 
 St. James's, the day of , ^9 , in the year of Our Reign. 
 
 To Our Trusty and Well-beloved The) 
 
 Governor of our Prison of , and all > By Her Majesty's Command, 
 
 others whom it may concern. 
 
 Secretary of State. 
 
 No. 15. 
 HABEAS CORPUS AD SCBJICIENDUM. 
 
 Victoria, etc., to the Keeper, &c. 
 
 We command you that you have the body of C. D. detained in our prison 
 tinder your custody as it is said under safe and secure conduct together with 
 the date and cause of his being taken and detained by whatsoever name he 
 may be called before (Lord Chief Justice) at his Chambers in 
 immediately after the receipt of this writ to do and receive all and singular 
 those things which our said (Chief Justice) shall then and there consider of 
 him in this behalf and have you then there this writ. 
 
 Witness, &c.
 
 APPENDIX. 217 
 
 No. 16. 
 WBIT OF DELIVERY. 
 
 Victoria, &c., to the Sheriff of greeting. 
 
 Wi' command you that without delay you cause the following chattels, that 
 is to say [here enumerate the chattels recovered by the judgment or order 
 for the return of which execution has been ordered to issue] to be returned 
 to A. B., which the said A. B. lately in our High Court of Justice recovered 
 against C. D. [or, C. D. was ordered to deliver to the said A. B.] in an action 
 in the division of our said Court.* And we further command you 
 
 that if the said chattels cannot be found in your bailiwick, you distrain the 
 said C. D. by all his lands and chattels in your bailiwick, so that neither the 
 said C. D. nor any one for him do lay hands on the same until the said C. D. 
 render to the said A. B. the said chattels. And in what manner, &c. And 
 have you there then this writ. 
 
 Witness, &c. 
 
 The like, but instead of a distress until the chattel is returned, commanding 
 the sheriff to levy on defendant's goods the assessed value of it. 
 [Proceed as in the preceding form until the * and then thus : 3 
 And we further command you, that if the said chattels cannot be found in 
 your bailiwick, of the goods and chattels of the said C. D. in your bailiwick 
 you cause to be made [the assessed value of the chattels] t And 
 
 in what manner, etc. And have you there then this writ. 
 
 Witness, &c. 
 
 [If on either of the preceding forms it is wished to include damages, costs, 
 and interest, proceed to the f and continue thus : ] 
 
 And we further command you that of the goods and chattels of the said 
 C. D. in your bailiwick, you cause to be made the sum of (damages), 
 
 and also interest thereon at the rate of 4 per centum per annum, from the 
 day of which said sum of money and interest were in the said 
 
 action by the judgment therein [or. by order] dated the day of 
 
 adjudged (or, ordered) to be paid by the said C. D. to A. B. together with 
 certain costs in the said judgment (or, order) mentioned, and which costs 
 have been taxed and allowed by one of the taxing officers of our said Court 
 at the sum of as appears by the certificate of the said taxing officer, 
 
 dated the day of , and that of the goods and chattels of the said 
 
 C. D. in your bailiwick you further cause to be made the said sum of 
 (costs), together with interest thereon at the rate of 4 per centum 
 
 per annum from the day of , and that you have that money and 
 
 intere.-t before us in our said Court immediately after the execution hereof to 
 be paid to the said A. B. in pursuance of the said judgment (or order). And 
 in what manner, &c. And have you there this writ. 
 
 Witness, &c. 
 
 No. 17. 
 ELEGIT. 
 
 Victoria, *X:c., to the Sheriff of greeting. 
 
 Whereas lately in our Higli Court of Justice in a certain action (or, certain 
 actions as the case may be) there depending, wherein A. B. is plaintiff and 
 C. D. defendant (or, in a certain matter there depending, intituled " In the 
 matter of E. F.", as the case may be) by a judgment [or, order as the case 
 may be] of our said Court made in the said action [or, matter as the case may 
 be] and bearing date the " day of it was adjudged [or, ordered, as 
 
 the case may be] that C. D. should pay unto A. B. the sum of 
 together with interest thereon after the rate of per centum per annum 
 
 from the day of , together also -with certain costs as in the said
 
 218 APPENDIX. 
 
 judgment [or, order, as the case may be] mentioned, and -which costs have 
 been taxed and allowed by one of the taxing officers of our said Court, 
 
 at the sum of as appears by the certificate of the said taxing officer, 
 
 dated the day of . And afterwards the said A. B. came unto 
 
 our said Court, and according to the statute in such case made and provided, 
 chose to be delivered to him all such lands, tenements, rectories, tithes, 
 rents, and hereditaments, including lands and hereditaments of copyhold or 
 customary tenure, in your bailiwick as the said C. D. or any one in trust for 
 him, was seised or possessed of on the day of in the year of our 
 
 Lord * or at any time afterwards, or over which the said C. D. on the 
 
 said day of or at any time afterwards, held any disposing power 
 
 which he might without the assent of any other person exercise for his own 
 benefit, to hold to him the said goods and chattels as his properties, goods, 
 and chattels, and to hold the said lands, tenements, rectories, tithes, rents, 
 and hereditaments respectively, according to the nature and tenure thereof, 
 to him and to his assigns until the said two several sums of and 
 
 together with interest upon the said sum of , at the rate of 
 
 per centum per annum from the said day of and on the 
 
 said sum of (costs) at the rate of 4 per centum per annum from the 
 
 day of shall have been levied. Therefore we command you that 
 
 without delay you cause to be delivered to the said A. B. all such lands and 
 tenements, rectories, tithes, rents, and hereditaments, including lands and 
 hereditaments of copyhold or customary tenure in your bailiwick as the said 
 C. D or any person or persons in trust for him was or were seised or possessed 
 of on the said day of f or at any time afterwards, or over which 
 
 the said C. D. on the said day of t or at any time afterwards, 
 
 had any disposing power which he might without the assent of any other 
 person exercise for his own benefit to hold the said lands, tenements, rectories, 
 tithes, rents, and hereditaments respectively, according to the nature and 
 tenure thereof, to him and to his assigns until the said two several sums of 
 and together with interest as aforesaid, shall have been 
 
 levied. And in what manner you shall have exercised this our writ make 
 appear to us in our Court aforesaid, immediately after the execution thereof, 
 under your seals, and the seals of those by whose oath you shall make the 
 said extent and appraisement. And have there then this writ. 
 
 Witnesses, &c. 
 
 * The day on which the judgment or order was made. 
 
 + Tee date of the certificate of taxation. The writ must be so moulded as to follow the 
 substance of the judgment or order. 
 
 No. 18. 
 FIERI FACIAS. 
 
 Victoria, &c., to the Sheriff of greeting. 
 
 "We command you that of the goods and chattels of C. D. in your bailiwick 
 you cause to be made the sum of and also interest thereon at the rate 
 
 of per centum per annum from the day of *, which said 
 
 sum of money and interest were lately before us in our High Court of Justice 
 in a certain action [or, certain actions as the case may be] wherein A. B. is 
 plaintiff and C. D. defendant [or, in a certain matter there depending, 
 intituled " In the matter of E. F." as the case may be] by a judgment [or 
 order as the case may be] of our said Court bearing date the day of 
 
 adjudged [or, ordered as the case may be] to be paid by the said C. D. 
 to A. B. together with certain costs in the said judgment [or, order as the case 
 may be] mentioned, and which costs have been taxed and allowed by one of 
 the taxing officers of our said Court at the sum of as appears by the 
 
 certificate of the said taxing officer, dated the day of , and that 
 
 of the goods and chattels of the said C. D. in your bailiwick you further 
 cause to be made the said sum of (costs), together with interest
 
 APPENDIX. 219 
 
 thereon at the rate of 4 per centum per annum from the day of * 
 
 and that you have that money and interest before us in our said Court 
 immediately after the execution hereof to be paid to the said A. B. in 
 pursuance of the said judgment [or, order as the case may be]. And in what 
 manner you shall have executed this our writ make appear to us in our said 
 Court immediately after the execution thereof. And have there then this 
 writ. 
 
 Witness, &c. 
 
 * Day ol the judgment or order, or day on which money directed to be paid, or day from 
 which interest is directed by the order to run, as the case may be. 
 
 No. 19. 
 VENDITIONI EXPONAS. 
 
 Victoria, &c., to the Sheriff of greeting. 
 
 Whereas by our writ we lately commanded you that of the goods and 
 chattels of C. D. [here recite ike fieri facias to the end], and on the 
 day of you returned to us in the division of our High Court of 
 
 Justice aforesaid, that by virtue of the said writ to you directed you had 
 taken goods and chattels of the said C. D. to the value of the money and 
 interest aforesaid, which said goods and chattels remained in your hands 
 unsold for want of buyers. Therefore we, being desirous that the said A. B. 
 should be satisfied his money and interest aforesaid, command you that you 
 expose to sale and sell, or cause to be sold, the goods and chattels of the said 
 C. D. by you in form aforesaid taken, and every part thereof, for the best 
 price that can be gotten for the same, and have the money arising from such 
 sale before us in our said Court of justice immediately after the execution 
 hereof to be paid to the said A. B. And have then there this writ. 
 
 Witnesses, &c. 
 
 No. 20. 
 
 DlSTRINGAS AGAINST AN EX- SHERIFF. 
 
 Victoria, &c., to the Sheriff of greeting. 
 
 We command you that you distrain , late sheriff of your county 
 
 aforesaid by all his land and chattels in your bailiwick, so that neither he 
 nor any one by him do lay hands on the same until you shall have another 
 command from us in that behalf, and that you answer to us for the issues of 
 the same, so that the said expose for sale and sell or cause to be sold 
 
 for the best price that can be gotten for the same, those goods and chattels 
 which were of in your bailiwick to the value of * the sum of 
 
 which lately before us in our High Court of Justice in a certain 
 
 action wherein plaintiff and defendant by a t of our 
 
 said court bearing date the day of was J to be paid by the 
 
 said to the said and of the sum of the amount at which 
 
 the costs in the said f mentioned have been taxed and allowed, and of 
 
 interest on the said sum of at the rate of 1 per centum per annum 
 
 from the day of and on the said sum of at the same rate 
 
 from the day of which goods and chattels he lately took by virtue 
 
 of our writ, and which remain in his hands for want of buyers, as the said 
 late sheriff hath lately returned to us in our said Court, and have the money 
 arising from such sale before us in our said Court immediately after the 
 execution hereof, to be paid to the said . And have there then this 
 
 writ. 
 
 Witnesses, &c. 
 
 This writ was issued by, &c. 
 
 The defendant is a and resides at in your bailiwick. 
 
 * " The amount of" or " part of." 
 f "Judgment" or "order." 
 J "Adjudged" or "ordered."
 
 220 APPENDIX. 
 
 . No. 21. 
 
 POSSESSION. 
 
 Victoria, &c. 
 
 Whereas lately in our High Court of Justice, by a judgment of the 
 Division of the same Court, A. B. recovered [or, E. F. was ordered to deliver 
 to A. B.] possession of all that with the appurtenances in your bailiwick. 
 Therefore we command you that you do not by reason of any liberty of your 
 County but that you enter tlie same, and without delay you cause the said 
 A. B. to have possession of the said land and premises with the appurtenances. 
 And in what manner, &c. And have you then there this writ. 
 
 Witness, &c. 
 
 No. 22. 
 
 SrPERSEDEAS. 
 
 Victoria, &c. 
 
 Whereas A. B. has [appeared in the Queen's Bench Division of our High 
 Omit of Justice to an indictment against him for certain misdemeanours]. 
 We therefore command you that you wholly supersede the distraining or 
 otherwise molesting any longer the said A. B. on account of the premises 
 aforesaid, and if you have distrained the said A. B. that then you do without 
 delay deliver or cause to be delivered to him that which you have so distrained, 
 if he be thereby distrained for the reasons aforesaid and no other, and this you 
 are not to omit. 
 
 Witness, &c. 
 
 No. 23. 
 
 ARREST ADMIRALTY. 
 Victoria, &c. 
 
 To the Marshal, &c. [or to the Collector of Customs at the port of ]. 
 
 We hereby command you to arrest the ship or vessel of the port of 
 
 (and the cargo and freight as the case may be) and to keep the same 
 under safe arrest until you shall receive further orders from us. 
 
 Witness, &c. 
 
 No. 24. 
 
 RELEASE ADMIRALTY. 
 Victoria, &c. 
 
 To the Marshal, &c., and to all and singular his substitutes, greeting. 
 Whereas in an action of possession commenced in our said High Court on 
 behalf of against the or ves.-el called the , lier tackle, 
 
 apparel, and furniture [and against intervening], the Judge has ordered 
 
 possession of the said or vessel to be delivered up to the said or 
 
 to his lawful attorney for his use. We therefore hereby command you to 
 release tlie taid vessel, her tackle, apparel, and furniture, from the arrest 
 made by virtue of our warrant in that behalf, and to deliver possession thereof 
 to the said or to his lawful attorney for his use. 
 
 "Witness, &c. 
 
 Writ of possession Seal. 
 
 Taken out by
 
 APPENDIX. 221 
 
 No. 25. 
 
 COMMISSION OF APPKAISEMENT AND SALE. 
 Victoria, &c. 
 
 To the Marshal of the Prohate, Divorce, and Admiralty Division of our 
 said High Court, and to all and singular his substitutes, greeting : Whereas 
 in an action of commenced in our said high Court on behalf of 
 
 against [and against intervening], the Judge has ordered the 
 
 said to be appraised and sold. We therefore hereby authorize and 
 
 command you to reduce into writing an inventory of the said , and 
 
 having chosen one or more expt-rienced person or persons, to swear him or 
 them to appraise the same according to tlie true value thereof, and upon a 
 certificate of such value having bi-en reduced into writing to cause the said 
 to be sold by public auction for the highest price, not under the 
 appraised value thereof, that can be obtained for the same. And we further 
 command you, immediately upon the sale being- completed, to pay the 
 proceeds arising therefrom into the Registry of the said Division, and to 
 file the certificate of appraisement signed by you and the appraiser or 
 appraisers, and an account of the sale signed by you, together with this 
 commission. 
 
 Witness, &c. 
 
 Commission of A ppraisement and Sale. 
 Taken out by 
 
 Seal.
 
 222 APPENDIX. 
 
 II. WARE ANTS AND ORDERS OF SUPERIOR COURTS 
 
 NOT AT COMMON LAW : OF INFERIOR COURTS 
 
 AND OFFICERS GENERALLY. 
 
 A. AFTER ADJUDICATION. 
 
 No. 1. 
 
 WRIT TO LEVY FINE. 
 
 Victoria, &c. 
 
 To the Sheriff, &o. 
 
 You are hereby required and commanded as you regard yourself and all 
 yours, that you omit not by reason of any liberty in your County, but that 
 you enter the same, and of all the goods and chattels, of all and singular the 
 persons in the roll to this writ annexed, you cause to be levied all and 
 singular the debts and sums of money upon them in the same roll severally 
 charged, so that the money may be ready for payment at (time of return to 
 writ) to be paid over in such manner as the Commissioners of Her Majesty's 
 Treasury may direct ; and if any of the several debts cannot be levied by 
 reason of no goods or chattels being to be found belonging to the parties, 
 then in all cases that you take the bodies of the parties refusing to pay the 
 aforesaid debts and lodge them in the gaol of , there to remain until they 
 pay the same, or be discharged by the authority of the said Commissioners or 
 otherwise in due course of law. 
 
 Dated. 
 
 No. 2. 
 BANKRUPTCY WARRANT TO SEARCH. 
 
 Whereas by evidence duly taken upon oath it hath been made to appear 
 to the Court that there is reason to suspect and believe that the property of 
 the said debtor is concealed in the house of one X. M. of such 
 
 house, &c. not belonging to the said debtor. 
 
 These are therefore to require you to enter in the daytime into the house of 
 the said X. M., situate as aforesaid, and there diligently to search for the 
 said property, and if any property of the said debtor shall be there found by 
 you on such search that you seize the same to be disposed of and dealt with 
 according to the provisions of the Bankruptcy Act, 1883. 
 
 Dated. 
 
 Registrar. 
 
 To X. Y., Officer of this Court, and his Assistants [or, H. Bailiff, and others 
 the bailiffs of this Court].
 
 APPENDIX. 223 
 
 No. 3. 
 WARRANT TO SEIZE. 
 
 "Whereas on the a receiving order was made against the said debtor, 
 
 these are therefore to require you forthwith to enter into and upon the house 
 and houses and other the premises of the said debtor, and also on all other place 
 or places belonging to the said debtor, wherein all his goods and money are 
 or are reputed to be, and there to seize all the ready money, jewels, plate, 
 household effects, goods, merchandize, books of accounts, and all other things 
 whatsoever belonging to the said debtor, except his necessary wearing 
 apparel, bedding, and tools, as excepted by the Bankruptcy Act, 1883. And 
 that which you shall so seize you shall safely detain and keep in your posses- 
 sion until you shall receive other orders in writing for the disposal thereof 
 from the trustee (or official receiver), and in case of resistance, or of not 
 having the key or keys of any door or lock of any premises belonging to the 
 said debtor wherein all his goods are or are supposed to be, you shall break 
 open or cause the same to be broken open for the better execution of this 
 warrant. 
 
 Dated, &c. 
 
 No. 4. 
 WARRANT AGAINST DEBTOR ABOUT TO QUIT ENGLAND. 
 
 To (the above officer), and to the Governor or Keeper of prison. 
 
 Whereas by evidence taken on oath it hath been made to appear to the 
 satisfaction of the Court that there is probable reason to suspect and believe 
 that the said A. B. of is about to go abroad (or quit his place of 
 
 residence) with the view of avoiding service of a Bankruptcy petition (or 
 appearing thereto, &c.). 
 
 These are therefore to require you, the said and others, to take the 
 
 said A. B., and to deliver him to the Governor or Keeper of the above-men- 
 tioned prison, and you the said Governor or Keeper to receive the said A. B. 
 and him safely to keep in the said prison until such time as this Court may 
 order. 
 
 Dated, &c. 
 
 No. 5. 
 WARRANT TO APPREHEND PERSON NOT APPEARING. 
 
 Whereas by summons or subpcena dated and directed to the said 
 
 A. B., of he was required personally to be and appear on the 
 
 at this Court to be examined, and such said summons or subpcena was after- 
 wards on the as hath been proved by oath duly served upon the said 
 and a reasonable sum was tendered to him for his expenses, and 
 whereas the said having no lawful impediment made known to or allowed 
 by this Court, hath not appeared before me, as by the said summons or 
 subpcena he was required, but therein has wholly made default, these are 
 therefore to will and require, and authorise you, and either of you, to whom 
 this warrant is directed, immediately upon receipt hereof, to take the said 
 and bring him before this Court on the in order to his being 
 examined as aforesaid, and for your so doing this shall be your sufficient 
 warrant. 
 
 Dated, &c.
 
 224 APPENDIX. 
 
 No. 6. 
 
 ORDER OF COMMITMENT. 
 The Debtors Act, 1869. 
 
 In the [title of Court ordering committal] 
 
 Between A. B. Plaintiff, and 
 C. D. Defendant, 
 
 To X. Y. The Officer of this Court and his Assistants (or, to the High 
 Bailiff and others the Bailiffs of the ssiid Court and all Peace Officers within 
 the jurisdiction of the said Court, to the Governor of the [prison used by the 
 Court]. 
 
 Whereas the plaintiff obtained a judgment (or order) against the defendant 
 in the High Court of Justice [or, as the case may be] on the day of 
 
 , for the sum of , and there is now due and payable upon the 
 
 said judgment the sum of , and whereas a summons was, at the instanre 
 
 of the plaintiff, duly issued out of this Court, by which the defendant was 
 required to appear personally at this Court on the day of 189 , to 
 
 he examined on oath, touching the means he had then or had had since the 
 date of the judgment (or order) to pay the said sum, which summons 
 was proved to this Court to have been personally and duly served on the 
 defendant. 
 
 And whereas, at the hearing of the said summons, it has now been proved 
 to the satisfaction of the Court that the defendant now has [or, has had] since 
 the date of the judgment (or order) the means to pay tl.e sum in respect of 
 which he made default as aforesaid, or an instalment or instalments thereof as 
 ordered by the said judgment, and has refused (or neglected) (or then refused 
 or neglected) to pay the same. 
 
 Now, therefore, it Ls ordered that the defendant shall be committed to 
 prison for days, unless he shall sooner pay the sums, in payment of 
 
 which he has so made default, together with the prescribed costs hereinafter 
 mentioned, or shall file such affidavit as is mentioned in Order xxv., Kule 30 
 of the County Court Kules, 1889. 
 
 These are, therefore, to require you the said High Bailiff, Bailiffs and others 
 to take the defendant and to deliver him to the governor or keeper of the 
 [prison used by the Court] and you the said governor or keeper to receive the 
 defendant, and him safely keep in the said prison for days from the 
 
 arrest under this order, or until he shall be sooner discharged by due course 
 of law. 
 
 Given under the seal of this [insert date of order] day of 189. 
 
 E. F. 
 
 Eegistrar of the Court. 
 
 Amount of payment or order remaining due . . . 
 Costs of judgment, summons and poundage on this 
 
 order 
 
 Amount upon the payment given, the prisoner is to 
 
 be discharged 
 
 I 
 
 This order remains in force one year from the date hereof, unless such 
 time is altered under Order xxv., Eule 33. Add when so ordered. The 
 time during which this order is to remain in force was ou the day of 
 
 extended by order of the Judge for months. 
 
 Kegistrar. 
 
 No. 7. 
 ORDER OF COMMITTAL FOR NEGLECT TO OBEY ORDEB. 
 
 Whereas by an order of this Court, dated the day of , 189 , 
 
 (here recite the order). Now upon the application of the plaintiff, and upon
 
 APPENDIX. 225 
 
 hearing the defendant [or, if the defendant does not appear, reading the 
 affidavit of X. Y., or where service has been by bailiff, the indorsement of 
 L. M., a bailiff of this Court, or the County Court of holden at 
 
 shewing, or being satisfied on oath, that a copy of the said order, and notice 
 of this application have been severally served upon the defendant C. D.] and 
 upon reading the affidavit of, &c. [enter evidence], the Court being of opinion, 
 upon consideration of the facts disclosed by the said affidavit [or affidavits] 
 that the defendant C. D. has been guilty of a contempt of this Court by 
 neglecting to obey the said order, doth order that the said defendant C. D. 
 do stand committed to [here insert prison used by the Court] for his said 
 contempt. 
 
 It is further ordered that any application for his release from custody shall 
 be made to the Judge. 
 
 WARRANT OP ATTACHMENT. 
 
 To the High Bailiff and others, the Bailiffs of the said Court and all Peace 
 Officers within the jurisdiction of the said Court, and to the Governor of the 
 [here insert prison used by the Court], 
 
 Whereas by an order bearing date the day of , it was ordered 
 
 that the defendant C. D. should stand committed to prison for contempt of 
 this Court. 
 
 These are, therefore, to require you forthwith to arrest and apprehend the 
 defendant C. D., and him safely convey and deliver to the Governor of the 
 [prison used by this Court], and you, the said Governor, to receive the 
 defendant C. D. until the further order of this Court. 
 
 Dated this day of 189 . 
 
 E. F. 
 
 Registrar of the Court. 
 
 No. 9. 
 WARRANT OP ATTACHMENT FOR INSULT OR MISBEHAVIOUR. 
 
 To the High Bailiff and others, the Bailiffs of the said Court, and all Peace 
 Offii-ers within the jurisdiction of the said Court, and to the Governor of the 
 [prison used by the Court]. 
 
 Whereas at a Court holden on this day, A. B. wilfully insulted His Honor, 
 the Judge, during his sitting in Court [or, C. D., the Registrar, High Bailiff, 
 Bailiffs, or Officer] (as the case may be) of the said Court during his attend- 
 ance in Court, or wilfully interrupted the proceedings of the said Court, or 
 wilfully misbehaved in the said Court. 
 
 These are, therefore, to require you, the said High Bailiff, Bailiff and others 
 to take the said A. B., and to deliver him to the Governor of the above- 
 named prison, and you the said Governor, to receive the said A. B., and him 
 safely to keep in the said prison for days from the arrest under this 
 
 warrant, or until he fchall be sooner discharged by due course of law. 
 
 Given under the seal of the Court this day of , 189 . 
 
 Judge of the Court. 
 
 No. 9A. 
 ORDER OP DISCHARGE FROM CUSTODY. 
 
 Upon application made this day of by for the defendant 
 
 who was committed to prison for contempt, by order of this Court dated the 
 
 day of , 189 , and upon reading the affidavit of the defendant, 
 
 filed the day of , 189 , shewing that he is desirous of ckaring his 
 
 contempt, and upon hearing the plaintiff [or, if no one appears for 
 
 q
 
 226 APPENDIX. 
 
 plaintiff, then upon being satisfied that notice of this application has been 
 duly served upon the plaintiff], it is ordered that the said defendant be 
 discharged out of the custody of the Governor of [here insert name of prison] 
 as to the said contempt, but not as to the costs of the said contempt. 
 Dated this day of , 189 . 
 
 E. F. 
 
 Registrar of the Court. 
 
 No. 10. 
 CORONER. WARRANT or ARREST. 
 
 To all Constables, &o. 
 
 To Wit : 
 
 Whereas by an inquisition taken before me, &c. on view of the body 
 
 of R. F. then and there lying dead one late of the parish of, &c., 
 
 stands charged with the wilful murder of the said R. F., these are, therefore, 
 by virtue of my office in Her Majesty's name to charge and command you and 
 every of you, that you or some or one of you, without delay, do apprehend 
 and bring before me, or one of Her Majesty's Justices of the Peace, for said 
 County, the body of the said of whom you shall have notice that he 
 
 may be dealt with according to law, and for your so doing this is your 
 warrant. 
 
 Given, etc. 
 
 Coroner. 
 
 No. 11. 
 COMMITMENT. 
 
 To all Constables, &c., and to the Keeper, &c. 
 
 [As last, to " every of you "] forthwith safely to convey the body of the said 
 to Her Majesty's gaol of and safely to deliver the same to the 
 
 keeper of the said gaol, and these are likewise by virtue of my said office in 
 Her Majesty's name to will and require you the said keeper to receive the 
 body of the said into your custody, and him safely to keep in the said 
 
 gaol until he shall be thence discharged by due course of law, and for your so 
 doing this shall be your warrant. 
 
 Given, &c. 
 
 No. 12. 
 
 AGAINST WITNESS IN CONTEMPT ov SUMMONS. 
 
 To all Constables, &c. 
 
 Whereas I have received credible information that A. B., of the parish of 
 can give evidence on behalf of our Sovereign lady the Queen, touching 
 the death of R. F., now lying dead in the said parish of , and whereas 
 
 the said A. B. (having been duly summoned to appear, and give evidence 
 before me and my inquest, touching the premises, at the time and place in 
 the said summons specified, of which oath hath been duly made before me) 
 hath refused and neglected so to do, to the great hiuderance and delay of 
 Justice, these are, therefore, by virtue of my office in Her Majesty's name to 
 charge and command you, or one of you, without delay, to apprehend and 
 bring before me, &c. now sitting at the parish aforesaid, by virtue of my 
 
 said office, the body of the said A. B., that he may be dealt with according to 
 law, and for your so doing this is your warrant. 
 
 Given, &c.
 
 APPENDIX. 227 
 
 No. 13. 
 COMMITMENT OP WITNESS FOB KEFUSING TO GIVE EVIDENCE. 
 
 [That for refusing to sign information or enter into recognizances the same 
 mutatis mutandis.] 
 
 Whereas. I heretofore issued my summons under my hand directed to A. B. 
 requiring his personal appearance before me, &c., at the time and place 
 therein mentioned, to give evidence and be examined on Her Majesty's behalf, 
 touching the death of R. F., then and there lying dead, of the personal 
 service of which summons, oath hath been duly made before me, and whereas 
 the said A. B , having neglected and refused to appear pursuant to the 
 contents of the said summons, I therefore afterwards issued my warrant under 
 my hand and seal, in order that the said A. B. by virtue thereof, might be 
 apprehended and brought before me, to answer the premises, and whereas the 
 said A. B. in pursuance thereof, hath been apprehended and brought before 
 me now duly sitting by virtue of my office, and hath been duly required to 
 give evidence and be examined before me and my inquest on Her Majesty's 
 behalf, touching the death of the said R. F. ; yet the said A. B. notwith- 
 standing, hath wilfully and absolutely refused, and still doth wilfully and 
 absolutely refuse to give evidence and be examined, touching the premises, or 
 to give sufficient reason for his refusal, in wilful and open violence and 
 delay of justice, these are therefore, &c., the said constables, &c., forthwith to 
 convey the body of the said A. B. to the gaol of and safely to deliver 
 
 the same to the keeper of the said prison there, and these are likewise, &c., to 
 request you the said keeper to receive the body of the said A. B. into your 
 custody, and him safely to keep in the prison, until he shall consent to give 
 his evidence and be examined before me and my inquest on Her Majesty's 
 behalf, touching the death of the said R. F., or until he shall be discharged 
 from thence by due course of law, and for so doing this is your warrant. 
 
 Given, &c. 
 
 No. 14. 
 JUSTICES ARREST FOR HOT APPEARING. 
 
 To the Constable of, &c. 
 
 Whereas, on the last past, A. B. of was charged before the 
 
 undersigned, &c. (and, whereas, I then issued my summons to the said 
 
 A. B., commanding him, &c., to be and appear before me on, &c., or 
 
 before such other Justice of the Peace for the same County as might then be 
 there, to answer the said charge, and be further dealt \\ith, according to law), 
 and whereas the said A. B. hath neglected to be, or appear at the time and 
 place appointed, in and by the said summons, although it hath now betn 
 proved to me upon oath that the said summons was duly served upon the 
 said A. B., these are therefore, &c., forthwith to apprehend the said A. B., 
 anil to bring him before me or some other Justice of the Peace, &c., to answer 
 the said charge, and be further dealt with according to law. 
 
 Given, &c. 
 
 No. 15. 
 COMMITMENT. 
 
 To the Constable of, &c., and to Ihe Keeper, &c. 
 
 Whereas, A. B. was this day charged before me, &c., on the oath of C. D. 
 of , and others, for that [offence]. These are therefore to command 
 
 you, the said Constable of , to take the said A. B. and him tafely to 
 
 convey to the gaol at aforesaid, and there to deliver him to the 
 
 keeper thereof, together with this precept, and I do hereby command you the 
 
 Q 2
 
 228 APPENDIX. 
 
 said keeper of the said to receive the said A. B. into your custody in 
 
 the said , and there safely to keep him until he shall be thence delivered 
 
 by due course of law. 
 
 Given, &c. 
 
 No. 16. 
 
 DISTRESS. 
 
 To the Constable, &c. 
 
 Whereas, A. B., late of , was on this day duly convicted before the 
 
 undersigned, &c., and it was thereby adjudged that the said A. B. 
 
 should for such offence forfeit and pay , and should also pay to the sa : d 
 
 C D. the sum of , for his costs in that behalf, and it was thereby 
 
 ordered that, if the said several sums should not be paid (forthwith), the 
 same should be levied by distress and sale of the goods and chattels of the 
 said A. B., and it was thereby also adjudged that in default of sufficient 
 distress, the said A. B. should be imprisoned in the at (and there 
 
 kept to hard labour) for the space of , unless the said several sums an 1 
 
 all costs and charges of the said distress, and of the commitment and convey- 
 ing of the said A. B. to the said should be sooner paid . And 
 whereas the said A. B., being so convicted, as aforesaid, and being now 
 required to pay the said sums of , hath not paid the same, or any part 
 thereof, but therein hath made default; these are therefore, &c., forthwith to 
 make distress of the goods and chattels of the said A. B., and, if within the 
 space of days next after the making of such distress, the said sums, 
 together with the reasonable charges of taking and keeping the distress shall 
 not be paid, that then you dp sell the said goods and chattels so by you 
 distrained, and do pay the money arming by such sale into clerk of the 
 Justices, &c., , that he may pay and apply the same as by law is 
 directed, and may render the overplus, if any, on demand to the said A. B., 
 and if no such distress can be found, then that you ceitify the same unto me 
 to the end, that such further proceedings may be had thereon, as to the law 
 doth appertain. 
 
 Given, &c. 
 
 No. 17. 
 TAXES. WARRANT TO BREAK OPEN. 
 
 To , and , Collectors of the duties hereinafter mentioned , 
 
 for the of in the district of 
 
 Whereas, in and by the Assessments of the duties of Income Tax, 
 
 and the duties on inhabited houses for the aforesaid f<>r the year ending 
 
 , of , hath been duly charged to the said duties in the sum 
 
 of . And whereas it appears by the oath of , Collector of the 
 
 said duties taken before us, whose hands and seals are hereunto subscribed, 
 and the said , being two Collectors of the Income Tax and Inhabited 
 
 House Duties acting, &c. , that the said sum of hath heen duly 
 
 demanded of the s<iid , and that he hath n fused or neglected to pay 
 
 the same, and that the same now remains due and unpaid. And whereas, 
 it further appears by the oath aforesaid, that divers goods and chattels, liable 
 by law to be distrained for the said duties, are lying, and being in a certain 
 hou^e situate in the district , now in the possession of 
 
 These are therefore to authorize and require you, the above-named collectors, 
 and either of you, calling to your assistance a constable, or other pc-ace officer 
 within the and for the of the foresaid, and in the presence 
 
 of the said constable, or other peace officer, to demand entrance info the 
 said house of , and, in case of resistance, or neglect, or refusal, to 
 
 open the same, to break open in the daytime the said house, and enter 
 the .same, and to distrain therein the said goods and chattels, and the distress 
 there found to keep by the space of five days at the costs and charges of
 
 APPENDIX. 229 
 
 the said , and if the whole of the said sum of , together 
 
 with the said costs and charges be not paid within the said five days, 
 then the said distress having been first duly valued and appraised by two 
 inhabitants of the said , or ot.ier sufficient persons, be sold by you, and 
 
 the overplus [if any] moneys arising by such sale after paying and deducting 
 the said sum of , and the costs and charges of taking, keeping, and 
 
 selling the said distress bj restored to the owner thereof. 
 
 Given, &c. 
 Commissioners for the said Duties. 
 
 No. 18. 
 TAXES. COMMITMENT. 
 
 To (as last) and to the Keeper, &c. 
 
 [As last to " unpaid"] and that no sufficient distress can or may be 
 
 fou;id, whereby the same may be levied, now therefore we, the said Commis- 
 sioners, &c., hereby comm,ind you, the above-mentioned collejtors of the 
 said duties, or either of you, to apprehend the said , and to take him to 
 
 Her Majesty's piison at and to deliver him to the keeper thereof, 
 
 t igether with this warrant. And we do hereby command you, the said 
 keeper, to receive him, the said into your custody iu the said prison, 
 
 there to be kept without bail until payment shall be made, or security to our 
 satisfaction be given for the payment of the said sum of remaining due 
 
 and unpaid as aforesaid, and also of the further sum of which we, the 
 
 said Commissioners do adjudge to be reasonable for the costs and expenses 
 of apprehending the said , and conveying him to prison. 
 
 Given, &c. 
 Commissioners of the said Duties. 
 
 No. 19. 
 WARRANT TO BRING UP PRISONER. 
 
 To [officer in whose custody the prisoner is] 
 
 Whereas, the plaintiff [or defendant] hath made application to me, by 
 affidavit, for a warrant to bring up before this Court E. F., who, it is said, is 
 detained as a prisoner in your custody, in order that the said E. F. may 
 be examined as a witness on behalt of the said plaintiff (or defendant) iu a 
 certdti action depe-idiug in this Court between the said A. B. plaintiff, and 
 C. D. defendant : You are therefore hereby required to brin;; the said E. F. 
 belore this Court at (Court-house) on the day of , 189 , at 
 
 o'clock in the noon, then and there to be examined as a witness on behalf 
 
 of the said plaintiff (or defendant); and, immediately after the said E. F. 
 shall have given his testimony before this Court, that you safely conduct him 
 the said E. F. to the prison from which he shall have been brought under 
 this warrant. 
 
 No. 19A. 
 SECRETARY OF STATE WARRANT, TO BRING UP PRISONER TO GIVE EVIDENCE. 
 
 The Right Honourable One of Her Majesty's Most Honourable Privy 
 
 Council, and Principal Secretary of State, &c., &c., &c. 
 
 Where ts, by an Act passed in the sixteenth year of Her Majesty's rei<*n, 
 intituled "An Aet for the better prevention and punishment of Aggravated 
 Assaults upon Women and Children, and for preventing delay and expense 
 in the Administration of certain parts <>f the Criminal Law." It is amongst 
 other things enacted that " It shall be lawful for one of Her Majesty's 
 Principal Secretaries of State, or any Jud^e of the Court of Queen's Bench,
 
 230 APPENDIX. 
 
 or Common Pleas, or any Baron of Exchequer, in any case where he may see 
 fit to do so, upon application by affidavit, to issue a warrant or order under 
 his hand for bringing up any prisoner or person confined in any gaol, 
 prison, or place, under any sentence, or under commitment for trial, or 
 otherwise (except under process in any civil action, suit, or proceeding), 
 before any court, judge, justice, or other judicature, to be examined as a 
 witni ss in any cause or matter, ci\il or criminal, depending, or to be 
 enquired of, or determined in or before such Court, judge, justice, or other 
 judirature, and the person required by any such warrant or order to be so 
 brought before such Court, judge, justice, or other judicature, shall be so 
 brought under the same care and custody, and be dealt with in like manner 
 in all respects as a prisoner required by any writ of habeas corpus 
 awarded by any of Her Majesty's Superior Courts of Law at Westminster, to 
 be brought before such Court to be examined as a witness in any cause or 
 matter depending before such Court, is now by law required to be dealt 
 with." 
 
 And whereas application has been mnde to me by affidavit for bringing 
 tip A. B. who was convicted at the on the day of , of 
 
 and sentenced to imprisonment before the Court of Quarter 
 
 Sessions to be hoi den at , in and for the County of , at the hour 
 
 of o'clock in the forenoon, on the day of , and on such 
 
 subsequent days as the aid Court may direct to be examined as a witness in 
 a criminal matter then and there to be enquired into. I do hereby in 
 pursuance of the power vested in me by the before-mentioned Act, authorize 
 and require you to cause the said A. B. to be brought before the said 
 Court at the place and time, and for the purposes aforesaid. And for so 
 doing this shall be your warrant. 
 
 Given at Whitehall, the day of , 189 , in the year of H.M. 
 
 Reign. 
 
 To the Governor of Her Majesty's Prison at , and all others whom it 
 
 may concern. 
 
 No. 20. 
 
 WARRANT TO REMOVE TO ASYLUM CRIMINAL LUNATICS ACT, 1881. 
 47 & 48 Viet. c. 64, s. 2. 
 
 (a.) Registered No. of Prisoner 
 
 (6.) Name 
 
 (c.) Offence of which comicted 
 
 (d.) Date of conviction 
 
 (c.) Court 
 
 (/.) Sentence 
 
 (g.) Date when certified to be insane 
 
 (h ) Prison in which confined at date of this warrant_ 
 
 WARRANT OF REMOVAL FROM PRISON TO ASYLUM. 
 
 Whereas, the prisoner above described, now in the above-named prison, 
 has been duly certified to be insane ; this warrant is to authorize and require 
 you, the Governor of the said prison, to cause the said prisoner to be removed 
 from ti.e said Prison to Lunatic Asylum; and you the Superintendent 
 
 of the said Lunatic Asylum, to receive and there to detain the said prisoner 
 as a criminal lunatic'until further order, or, until the expiration of the 
 sentence of penal servitude or imprisonment. 
 To the Governor of Her Majesty's Prison at 
 and 
 
 To the Superintendent of 
 Lunatic Asylum. 
 
 Under Secretary of State, Whitehall, 
 day of 189 .
 
 APPENDIX. 231 
 
 No. 20A. 
 
 CRIMINAL LUNATIC ASYLUMS ACT, 1860. 
 23 & 24 Viet, c. 75, a. 2. 
 
 WARRANT OF EEMOVAL OF A CRIMIVAL LUNATIC ORDERED TO BE DETAINED 
 DURING HER MAJESTY'S PLEASURE, FROM PRISON TO BROADMOOR. 
 
 I hereby authorize and require you, the Governor of the above-named 
 prison, to cause the criminal lunatic above described to be removed from the 
 Baid prison to Broadmoor Lunatic Asylum, and to transmit with the same a 
 certificate in the form annexed, duly filled up and authenticated; and you, 
 the Superintendent of Broadmoor Lunatic Asylum, to receive and there to 
 detain the said criminal lunatic until further order. 
 To the Governor of Her Majesty's Prison at 
 and 
 
 To the Superintendent of Broadmoor Lunatic 
 Asylum. 
 
 One of Her Majesty's Principal 
 Secretaries of State, Whitehall, 
 day of 189 . 
 
 20u. 
 
 39 & 40 Geo. iii. c. 94 ; 46 & 47 Viet. c. 38. 
 [Description as above.] 
 
 WARBANT OF REMOVAL OF A CRIMINAL LUNATIC ORDERED TO BE DETAINED 
 DURING HER MAJESTY'S PLEASURE FROM PRISON TO ASYLUM. 
 
 Her Majesty having been pleased to direct the removal of the criminal 
 lunatic above described from the above-named prison to Lunatic 
 
 Asylum, I hereby authorize and require you the Governor of the said prison, 
 to cau*e the said criminal lunatic to be removed from the said prison to the 
 eail lunatic asylum, and to transmit with the same a certificate in the form 
 annexed, filled up and authenticated : and you, the Superintendent of the 
 said lunatic asylum, to receive and there to detain the said criminal lunatic 
 until further order. 
 
 To the Governor of Her Majesty's Prison at 
 and 
 
 To the Superintendent of 
 Lunatic Asylum. 
 
 One of Her Majesty's Principal 
 Secretaries of State, Whitehall, 
 day of 189 . 
 
 No. 21. 
 JUSTICES. WARRANT TO REMOVE TO REFORMATORY SCHOOL. 
 
 [Usual form for detention.] And we further command you the said Keeper 
 to (-end the said A. B. at the expiration of his term of imprisonment afore- 
 said, as, and in the manner directed by the Reformatory Schools Act, 1866, to 
 the Reformatory School at , and, for so doing, this shall be your 
 
 sufficient warrant. 
 
 Given, &c.
 
 232 APPENDIX. 
 
 No. 22. 
 
 COUNTY COURT. . WARRANT OF ARREST AND DETENTION. 
 Admiralty Jurisdiction. 
 
 In the County Court of , holden at 
 
 (Seal) 
 
 [Title of Action.] 
 
 Whereas, an action has been instituted in this Court on behalf of A. B., of 
 
 , against [state description and name of vessel or property] in the sum 
 
 of [state sum in letters] pounds. These are therefore to require and order 
 
 you to arrest the said , and to keep the same under safe arrest until 
 
 you shall receive further orders from tlds Court. 
 
 Given under the seal of the Court this day of , 1 89 . 
 
 To the High Bailiff of the said Court, 
 and others the Bailiffs thereof. 
 
 Registrar. 
 
 No. 22A. 
 
 ORDER OF RELEASE. 
 Admiralty Jurisdiction. 
 
 In the County Court of , holden at 
 
 (Seal) 
 [Title of Action.] 
 
 You are hereby authorized and directed to release the now under 
 
 arrest of this Court by virtue of its warrant, upon the payment of all costs, 
 charges, and expenses, attending the custody thereof. 
 
 Given under the seal of the Court, this day of . 189 . 
 
 By the Court, 
 
 Registrar. 
 
 To the High Bailiff of the said Court, 
 and others the Bailiffs thereof. 
 
 No. 23. 
 WARRANT OF DELIVERY. 
 
 Whereas, at a Court holden at , on the day of , 189 , the 
 
 plaintiff obtained a judgment against the defendant for the recovery of 
 
 , [here enumerate the goods and chattels which the Court has ordered 
 to be recovered of the defendant], and thereupon it was ordered by the Court, 
 that the defendant should return the said goods and chatiels to the plaintiff 
 on the said day of , 189 , and that in default a warrant of 
 
 delivery should issue. And whereas the defendant did not on the said 
 
 day of 189 , return the said goods and chattels to the plaintiff. 
 
 These are therefore to require and order you forthwith to seize the said 
 goods and chattels so not returned as aforesaid, wheresoever they may be 
 found within the district of this Court, and to deliver the same to the 
 plaintiff. And if the same cannot be found by you within such district, 
 you are required and ordered to distrain all the lands and chattels of the 
 deiendant, wheresoever they may be found within the district of this Court, 
 and them hold until the defendant shall deliver the said goods to you, and 
 to make return of what you have done under this warrant immediately upon 
 the execution thereof. 
 
 Application was made to the Registrar for this warrant at minutes 
 
 past the hour of , on the noon of the day of 189 .
 
 APPENDIX. 233 
 
 No. 24. 
 WARRANT OF EXECUTION AGAINST THE GOODS OF DEFENDANT. 
 
 Whereas on the day of 189 , the plaintiff obtained a judgment 
 
 in this Court against the defendant for the sum of for debt (or 
 
 damages) and costs ; and it was thereupon ordered by the Court that the 
 defendant should pay the same to the registrar on the day of 
 
 (or by instalments of for every days). And whereas default has 
 
 been made on payment according to the said order : These are therefore to 
 require and order you forthwith to make and levy by distress and sale of the 
 goods and chattels of the defendant, wheresoever they may be found, within 
 the district of the Court (except the wearing apparel and bedding of him or 
 his family, and the tools and implements of his trade, if any, to the value of 
 five pounds), the sum stated at the foot of this warrant, being the amount 
 due to the plaintiff under the said order, including the costs of this execution, 
 and also to seize and take any money or bank notes (whether of the Bank of 
 England or of any other bank), and any cheques, bills of exchange, pro- 
 missory notes, bonds, specialties, or securities for money of the defendant 
 which may there be found, or such part or so much thereof as may be 
 sufficient to satisfy this execution, and the costs of making and executing 
 the same, and to pay what you shall have so levied to the registrar of this 
 Court, and make return of what you have done under this warrant im- 
 mediately upon the execution thereof. 
 
 Given under the seal of the Court this day of 189 . 
 
 By the Court. 
 
 Kegistrar. 
 
 To the High Bailiff of the said Court, 
 and others the Bailiffs thereof. 
 
 d. 
 Amount for which judgment was obtained . 
 
 Paid into Court 
 
 Remaining due 
 
 Poundage for issuing this warrant . 
 
 Total amount to be levied .... 
 
 NOTICE. The goods and chattels are not to be sold until after the end of 
 five days next following the day on which they were seized, unless they be of 
 a perishable nature, or at the request of the said defendant. 
 
 Application was made to the Registrar for the warrant at minutes 
 
 past the hour of in the noon of the day of 189 . 
 
 No. 24A. 
 
 WARRANT OF EXECUTION AGAINST THE VESSEL OR PROPERTY OF DEFENDANT. 
 Admiralty Jurisdiction. 
 
 In the County Court of holden at 
 
 (Seal) 
 [Title of Action.] 
 
 Whereas on the day of 189 , the plaintiff obtained a judgment 
 
 in this Court against the defendant for the sum of for and 
 
 costs ; and it was thereupon ordered by the Court that the defendant should 
 pay the ^ame to the plaintiff on the day of 
 
 And whereas default has been made in payment according to the said 
 order. These are therefore to require and order you forthwith to make and 
 levy by .distress and sale of the goods and chattels, including the [state 
 description and name of vessel] of the defendant, wheresoever they may be
 
 234 APPENDIX. 
 
 found within the district of this Court (except the wearing apparel and 
 bedding of him or his family, and the tools and implements of his trade, if 
 any, to the value of five pounds) the sum stated at the foot of this warrant, 
 being the amount due to the plaintiff under the said order, including the 
 coots of this execution ; and also to seize and take any money or bank notes 
 (whether of the Bank of England or of any other bank), and any chi ques, 
 bills of exchange, promissory notes, bonds, specialties, or securities for money 
 of the defendant which may there be found, or such part or BO much thereof 
 as may be sufficient to satisfy this execution, and the costs of making and 
 executing the same, and to pay what you shall have so levied to the Registrar 
 of this Court, and make return of what you have done under this warrant 
 immediately upon the execution thereof. 
 
 Given under the seal of the Court this day of 189 . 
 
 By the Court. 
 
 Registrar. 
 
 To the High Bailiff of the said Court, 
 and others the Bailiffs thereof. 
 
 Amount for which judgment was obtained . . . 
 
 Costs 
 
 Poundage for issuing this warrant 
 
 Total amount to be levied 
 
 No. 25. 
 WARRANT OF POSSESSION. 
 
 Whereas according to the tenor and true meaning of an order, bearing date 
 the day of 189 , made in this action, the said defendant C. D. was 
 
 ordered to deliver up possession to A. B. in the said order named of all that, 
 &c. [as in order]. And whereas a copy of such order was duly served upon 
 the said C. D., yet nevertheless he the said C. D., and other ill disposed 
 persons, his accomplices, have refused to pay obedience thereto, and detain 
 and keep the possession of the said house [or tenement and premises]. These 
 are, therefore, to authorize and require you to forthwith enter into and upon 
 the said messuage [or tenement and premises], and that you do remove, eject, 
 and expel the said C. D., his tenants, servants, and accomplices, each and 
 every of them, out of and from the said messuage [or tenement and premises], 
 and every part and parcel thereof, and that you do place and put the said 
 A. B. and his assigns into the full, peaceable, and quiet possession thereof, 
 and defend and keep him and his said assigns in such peaceable and quiet 
 possession when and as often as any interruption may 'or shall from time to 
 time be given or offered to them or any of them, according to the true intent 
 and meaning of the said order ; and herein you are not in any wise to fail. 
 Given under the seal of the Court this day of 189 . 
 
 By the Court 
 
 Registrar. 
 
 To the High Bailiff of the said Court, 
 and others the Bailiffs thereof. 
 
 [NOTE. The above form is given as an example of a warrant of possession 
 issued pursuant to an order in an action other than an action of ejectment.] 
 
 No. 25A. 
 WARRANT OF POSSESSION IN EJECTMENT FOB POSSESSION AND COSTS. 
 
 Whereas at a Court holden at on the day of 189 , it was 
 
 adjudged that the plaintiffs were on the day of 189 , and still are 
 
 entitled to the possession of the property mentioned in the statement annexed
 
 APPENDIX. 235 
 
 to the summons in this action ; that is to say [describe the property as set out 
 in the statement]; and it was ordered that the defendants should give the 
 plaintiffs possession of the said above-mentioned property forthwith [or, on 
 the day of ], and it was adjudged that the plaintiffs should 
 
 recover against the defendants the sum of for costs; and it waa 
 
 ordered that the defendants should pay the said sum to the Registrar of this 
 Court forthwith [or, on the day of ]. 
 
 And whereas the defendants have not obeyed the said order : These are, 
 therefore, to authorize and require you to forthwith give possession of the said 
 hereinbefore mentioned property to the plaintiff. And these are, therefore, 
 further to require and order you forthwith to make and levy by distress and 
 sale of the goods and chattels of the defendant, wheresoever they may be 
 found within the district of this Court (excepting the wearing apparel and 
 bedding of the defendant or his family, and the tools and implements of his 
 trade, if any, to the value of five pounds), the said sum and the costs of this 
 warrant and execution ; and also to seize and take any money or bank notea 
 (whether of the Bank of England or any other bank), and any cheques, bills 
 of exchange, promissory notes, bonds, specialties, or securities for money, of 
 the defendant, which may be there found, or such part or so much thereof as 
 may be sufficient to satisfy this execution and the costs of making and 
 executing the same, and to pay the amount so levied to the Registrar of this 
 Courr, and make return of what you have done under this warrant im- 
 mediately upon the execution thereof. 
 
 To the High Bailiff of 
 the said Court. 
 
 No. 26. 
 COMMITMENT POOK RATES. 
 
 To the Overseers of the Poor of the Parish of in the County of 
 
 and to the Constable of , and to all other peace officers in the said 
 
 County , and to the Keeper of the House of Correction at in the 
 
 said County to wit : 
 
 Whereas, on the day of last past, a complaint was made before 
 
 one of Her Majesty's Justices of Peace in and for the said County 
 
 of , by the churchwardens and overseers of the poor of the 
 
 parish of , in the said County, that being a person duly 
 
 rated to the relief of the poor of the said parish in and by [or several] 
 
 Kate made on the day of , in the year of Our Lord, 
 
 189 , aud on the day of , in the year, &c., 189 , and on the 
 
 day of , in the year, &c., 189 , in the sum of [or, several sums of 
 
 and of and of] , hath not paid the same or any part thereof, 
 
 but hath refused so to do ; and afterwards, on the day of , in the 
 
 year, &c., 189 , at in the said County, the parties aforesaid 
 
 appeared before and two of Her Majesty's justices of the peace, 
 
 in and for the said County [the said churchwardens and overseers by 
 one of the said overseers appeared before and Two of Her 
 
 Majesty's Justices of Peace in and for the said County; but the said 
 
 although duly called, did not appear by himself, his counsel, or 
 attorney, and it was then satisfactorily proved to the said justices that the 
 said had been duly served with the summons in that behalf which 
 
 required him to be and appear there at that day before such two or more 
 justices of the peace as should then be there to answer the said complaint, 
 and to be further dealt with according to law], and then having heard the 
 matter of the said complaint, and it being then duly proved to the said 
 justices upon oath (in the presence and hearing of the said ), that an 
 
 assessment for the relief of the poor of the said parish of dated 
 
 the day of , in the year, &c., 189 , was duly made, allowed, and 
 
 published, and that the said was therein and thereby assessed at the 
 
 sum of aforesaid, and that a certain other assessment for the relief of
 
 236 APPENDIX. 
 
 the poor of the said parish of dated the day of in the 
 
 year, &c., 189 , was duly made, allowed, and published, and that the said 
 was therein and thereby assessed at the sum of aforesaid, and 
 
 that a certain other assessment for the relief of the poor of the said parish 
 of , dated the day of in the year, &c., 189 , was duly 
 
 made, allowed, and published, and that the said was therein and 
 
 thereby assessed at the sum of aforesaid, and that the said sums 
 
 had been duly demanded of the said , but that he had not paid 
 
 and had refused and still refused to pay the same, and the said then 
 
 not shewing to the said and any sufficient cause for not paying 
 
 the same, the said justices thereupon then issued a warrant to com- 
 
 manding them to levy the said sums of and the sum of for 
 
 the costs incurred in obtaining that warrant, by distress and sale of the goods 
 and chattels of the said . And whereas it now appears to the under- 
 
 signed of Her Majesty's Justices of the Peace, in and for the said 
 
 County as well by the return of the said to the said 
 
 warrant of distress as otherwise, that the said hath made diligent 
 
 search for the goods and chattels of the said , but that no sufficient 
 
 distress whereon to levy the said sums above-mentioned could be found. 
 These are therefore to command you, the said chiirchwardens and overseers 
 and constables, peace officers, or some or one of you, to take the said 
 and him safely to convey to the House of Correction at in the 
 
 County aforesaid, and there deliver him to the said keeper, together 
 
 with this precept. 
 
 And, do hereby command you, the said Keeper of the said House of 
 
 Correction to receive the said into your custody in the said House 
 
 of Correction there to imprison him for the space of unless the 
 
 eaid sums of , and together with the sum of for the 
 
 costs attending the said distress, and the further sum of , being the 
 
 costs and charges of this commitment, and of taking and conveying the said 
 to .prison, making on the whole the sum of , shall be sooner 
 
 paid unto you the said keeper ; and for your so doing, this shall be your 
 sufficient warrant. 
 
 Given, &c. 
 
 No. 27. 
 JUSTICES WARRANT FOB RECOVERY OP TENEMENTS. 
 
 Whereas (set .forth complaint) we two of Her Majesty's justices, &c. 
 in petty sessions assembled, acting for do authorize and command you 
 
 on any day within days from the date hereof (except on Sunday, 
 
 Christmas Day, and Good Friday) between the hours of nine in the forenoon 
 and four in the afternoon to enter (by force if needful), and with or without 
 the aid of owner (or agent), or any other person or persons, whom you 
 
 may think requisite to call to your assistance, into and upon the said tene- 
 ment, and to eject thereout any person, and of the said tenement full and 
 peaceable possession to deliver to the said (owner or agent). 
 
 Given, &c. 
 
 No 28. 
 SETTLEMENT ORDER. 
 
 To the Churchwardens and Overseers of and to the Churchwardens 
 
 and Overseers of 
 
 Whereas complaint hath been made unto us whose names are hereunto and 
 seals affixed, &c., by the churchwardens and overseers, &c. 
 
 We, the said justices, on due proof thereof do adjudge the same to
 
 APPENDIX. 237 
 
 be true, and that the place of the last local settlement of the said pauper is in 
 the said parish of 
 
 These are therefore to command you, the churchwardens and overseers of 
 , or some one of you, at such time and in such manner as by law is 
 provided and directed in that behalf, to remove and convey the said paupers 
 from and out of your parish of, &c. and them deliver, together with this 
 
 your order, or a duplicate or true copy thereof, unto the overseers of the poor 
 there, or at the workhouse of the said last-mentioned union at , and the 
 
 guardians of the said last-mentioned union are hereby required to receive and 
 provide for them according to law. 
 
 Given, &c. 
 
 No. 29. 
 JUSTICES CERTIFICATE FOR STOPPING OR DIVERTING HIGHWAY. 
 
 Whereas [recite meetings of inhabitants, resolution to stop up or divert, 
 chairman directed surveyor to apply to justices to view, view thereon adjudged 
 unnecessary, notices of proceedings duly published, said highway measured 
 by tm-tes and bounds]. 
 
 Now we, whose names are hereunto set, so being such justices as aforesaid, 
 in pursuance of the aforesaid statute, do hereby certify that on the we 
 
 together and in the presence of each other at the same time viewed the said 
 highway, &c., and that upon such view we found that the said highway 
 
 is unnecessary, and we the said justices further certify that the reasons why 
 the said public highway is unnecessary are as follows, that is to say 
 
 Giveu, &c. 
 
 No. 30. 
 LICENCE TO GET STONES, &c. 
 
 To the Surveyor, &c. 
 
 Whereas by an Act passed, &c. and whereas it appears to us, &c. 
 
 that he hath applied to A. B. for his consent to take stones and carry 
 away materials from the land called or known, &c. within the said 
 
 parish for the purposes aforesaid, and that the said materials are necessary 
 for the repair of highways, and that the said A. B. hath refused to permit 
 the same to be dug, got, tiken, and carried away, and the said A. B. having 
 been duly summoned to appear before us to shew cause why such permission 
 should not be granted, and having appeared before us accordingly, we have 
 heard what has been alleged, &c., and are of opinion that the said materials 
 are necessary and ought to be dug, got, taken, and carried away fur the 
 purposes aforesaid, therefore we do hereby give our licence to the said 
 surveyor to dig, get, take, and carry away the same accordingly, the said 
 surveyor making satisfaction for the same and also for the damage done to 
 such land in manner directed by the said Act, &c. 
 
 Given, &c. 
 
 No. 30A. 
 
 ORDER TO PRUNE HEDGES, &c. 
 
 To the Surveyor, &c. 
 
 Whereas (summons to owner to appear, &c.) and the said offence having 
 been fully proved before us upon the oath of &c., now we, upon duly 
 
 considering the circumstances of the case, do hereby order and direct that such 
 hedges be cut, plashed, and pruned, so as not to exceed the height of 
 from the surface of the land on which the same are situate, and that all such
 
 238 APPENDIX. 
 
 trees as grow in and near such hedges in the lands of the said adjoining 
 
 the said carriageway or cartway (not being trees planted for ornament or for 
 shelter to any hop-ground, house, building, or courtyard of the said ) 
 
 be pruned or lopped so that the said carriageway or cartway shall not be 
 prejudiced by the shade thereof, and so that the sun and wind may not be 
 excluded from such carriageway or cartway to the damage thereof : And we 
 do further order that in case the said shall not comply with this order 
 
 within ten days after a copy thereof shall have been left at the usual place of 
 abode of the said or of his steward or agent, that then the said 
 
 the surveyor aforesaid do cut, prune, or plash such hedges, and prune or lop 
 such trees in manner directed by this order. 
 
 Given, &o.
 
 APPENDIX. 239 
 
 B. WHERE NO ADJUDICATION. 
 
 No. 31. 
 
 SECRETARY OF STATE TREASON: 
 
 I, &c., one of the Lords of Her Majesty's most honourable Privy 
 
 Council, and principal Secretary of State, &c., These are in Her Majesty's 
 name to authorize and require you, taking a constable to your assistance, to 
 make strict and diligent search for (defendant, and state cause of committal), 
 and, him having found, you are to seize and apprehend, and to bring in safe 
 custody before me to be examined, concerning tlie premises, and further 
 dealt with according to law, in the due execution whereof all mayors, sheriffs, 
 justices of the peace, constables, and others, Her Majesty's officers, civil, and 
 military, and loving subjects whom it may concern, are to be aiding and 
 assisting to you, as there shall be occasion, and for so doing this shall be your 
 warrant. 
 
 Given at St. James, &c. 
 
 To and 
 
 [two] of Her Majesty's Messengers in ordinary. 
 
 No. 32. 
 CORONER EXHUMATION. 
 
 To wit : 
 
 Whereas complaint hath been made unto me, one of Her Majesty s 
 Coroners for that on the day of this instant the body of one 
 
 R. F. was privately and secretly buried in your parish in the said county, and 
 that the said R. F. died not of a natural but a violent death, and whereas no 
 notice of the violence of the death of the said R. F. hath been given to either 
 of Her Majesty's coroners for the said county, whereby on Her Majesty's 
 behalf an inquisition might have been taken, on view of the body of the said 
 R. F. before his interment, as by law is required ; these are therefore by 
 virtue of my office in Her Majesty's name, to charge and command you, that 
 you forthwith cause the body of the said R. F. to be taken up, and safely 
 conveyed to in the said parish, that I, with my inquest may have a view 
 
 thereof, and proceed therein according to law. Hereof fail not as you will 
 answer the contrary at your peril. 
 
 To the Minister, Churchwardens, 
 and Overseers. 
 
 No. 33. 
 SECRET AST OF STATE. ORDER TO REMOVE BODY. 
 
 Application having been made to me, the , one of Her Majesty's 
 
 Principal Secretaries of State, for permission to remove the remains of , 
 
 I do hereby, in virtue of the power vested in me by the 25th section of the 
 Act 20 & 21 Viet. c. 81, grant licence for the removal of the remains of 
 from on condition (1) that the removal be effected with due care and 
 
 attention to decency, early in the morning, that McDougall's Disinfecting
 
 240 APPENDIX. 
 
 Powder or chloride of lime be freely sprinkled over the coffin, the soil, or any 
 matter that may be offensive, and (2) that 
 
 This licence simply exempts from the penalties which would be incurred if 
 the removal took place without a licence ; it does not in any way alter civil 
 rights. It does not, therefore, confer the right to bury the remains in any 
 place where such right does not already exist. 
 
 This licence shall, if any of the conditions on which it is granted be not 
 complied with, be deemed to have been void from the beginning, and, if not 
 acted upon within twelve months from this date, shall become void. 
 Given under my hand at' Whitehall, this 
 
 No. 34. 
 SECRETARY OF STATE. EXTRADITION WARRANT. 
 
 To the keeper of , and to L. M., constable of 
 
 Whereas, A. B., late of , accused (or convicted) of the commission of 
 
 the crime of , within the jurisdiction of , was delivered into the 
 
 custody of you, C. D., keeper of , by warrant dated , pursuant to 
 
 the Extradition Acts, now I do hereby, in pursuance of the said Acts, order 
 you the said keeper to deliver the body of the said A. B. into the custody of 
 the said L. M., and I command you, the said L. M., to receive the said A. B. 
 into your custody, and to convey him within the jurisdiction of the taid 
 , and there place him in the custody of any person or persons appointed 
 by the said to receive him, for which this shall be your warrant. 
 
 Given, &c., 
 
 Secretary of State. 
 
 SECRETARY OF STATE. FUGITIVE OFFENDERS. 
 
 To the Keeper of 
 
 Whereas on the , a warrant was issued by , being a person 
 
 having lawful authority to issue the same within that part of Htr Majesty's 
 dominions for the apprehension of A. B.,- charged with , and wiiereas, 
 
 it having been proved to me by affidavit that the signature to the said war- 
 rant is the signature of the said , I did on the indorse the said 
 warrant in the manner prescribed by the statute, &c., and whereas, 
 under and by virtue of the said warrant, the said A. B. was apprehended and 
 conveyed before , who upon such evidence of criminality us would have 
 justified the committal of the said A. B. if the offence had been committed in 
 England, did commit him to your custody in the said prison at afore- 
 said, and immediately gave information thereof in writing under his hand 
 accompanied by a copy of the aforesaid warrant to me, &c., . Now I do 
 hereby by this warrant under my hand and seal order that the said A. B. 
 shall be delivered into the custody of L. M., a constable of the police 
 force, for the purpose of his being conveyed to , and delivered into the 
 custody of the proper authorities, there to be dealt with in due course of law, 
 and you are hereby ordered and required to deliver him accordingly to the 
 said L. M. 
 
 Secretary of State. 
 
 No. 36. 
 JUSTICES. ARREST. 
 
 "Whereas A. B. of , hath this day been charged upon oath before the 
 
 undersigned, one, &c., , for that he ; these are, therefore, to com- 
 
 mand you in Her Majesty's name forthwith to apprehend the said A. B., aud
 
 APPENDIX. 241 
 
 to bring him before me or some other of Her Majesty's justices, in and for the 
 said county, to answer unto the charge, and to be further dealt with according 
 to law. 
 
 Given, &c. 
 
 No. 37. 
 SEARCH. 
 
 Whereas it appears to me, &c., by the information on oath of A. B. of 
 
 , that the house known as , is kept and used as a , this is 
 
 therefore to require you in Her Majesty's name, witli such assistance as you 
 may find necessary, to enter into the said house and premises (and if neces- 
 sary to use force for making such entry, whether by breaking open doors or 
 otherwise), and there diligently to search for who may be therein, and 
 
 for so doing this shall be your warrant. 
 
 Given, &c. 
 
 No. 38. 
 KEMAND. 
 
 To the^Constable of , and to the Keeper of 
 
 Whereas A. B. was this day charged before me , for that , and 
 
 it appears to me to be necessary to remand the suid A. B., these are therefore 
 to command you, the said constable, in Her Majesty's name forthwith to con- 
 vey the said A. B. to the at , in the said county, and there to 
 deliver him to the keeper thereof, together with this precept, and I hereby 
 command you, the said keeper, to receive the said A. B. into your custody in 
 the said , and there safely to keep him, until day of instant, 
 when I hereby command you to have him at , at o'clock , 
 before me or before such other justice, &c., as may then be there, to answer 
 further to the said charge, and be further dealt with according to law, unless 
 you shall be otherwise ordered in the meantime. 
 
 Given, &c. 
 
 No. 39. 
 BETTING OK GAMING HOUSE. ENTRY. 
 
 Whereas it appears to me on the report in writing of , a superinten- 
 
 dent in the Metropolitan Police Force, that there are good grounds for 
 believing, and that he does believe, that the house, room, or place known as 
 
 , is kept and used as a , within the meaning of an Act passed, &c. 
 
 ; this is, therefore, in the name of Our Lady the Queen to require you 
 with such assistants as you may find necessary, to enter into the said house, 
 room, or place, and, if necessary, to use force for making such entry, whether 
 by breaking open doors or otherwise, and there diligently to search for all 
 instruments of unlawful (betting or gaming) which may be therein, and to 
 arrest, search, and bring before some one of the magistrates sitting at , 
 
 as well the keepers of the same, as also the persons their haunting, resorting, 
 and playing, to be dealt with according to law, and for so doing this shall be 
 your warrant. 
 
 Commissioner, 
 
 Metropolitan Police. 
 
 No. 40. 
 
 ASSISTANCE. CUSTOMS. 
 Victoria, &c. 
 
 To all and singular our officers and ministers who now have or hereafter 
 shall have any office, power, or authority derived from or under the Commis- 
 
 B
 
 242 APPENDIX. 
 
 Bioners of our Admiralty or our Higli Admiral of our United Kingdom fur the 
 time being ; as also all and every our Vice- Admiral, Justices of the Peace, 
 Mayors, Sheriffs, Constables, Bailiffs, and all other our officers and subjects 
 whomsoever within every city, borough, town, and county of Euglund and 
 Wales and the Islands, and territories thereto belonging, and to every of you ; 
 greeting. 
 
 [Recite letters patent appointing Commissioners and authorizing them to 
 appoint subordinate officers to collect Customs.] 
 
 We therefore strictly enjoin and command you and every one of you that 
 all excuses apart, you and every one of you permit and suffer the [said com- 
 missioners] and the deputies, ministers, servants, and other officers of them the 
 said commissioners or of their successors in office, as aforesaid, from time to 
 time as they shall think proper as well by night as by day to enter and go on 
 board any ship, boat, or other vessel riding, lying, or being within and coining 
 into any port, creek, or harbour of England and Wales or of the islands and 
 territories thereunto belong'ng, and such ship, boat, or vesstl then and there 
 found to searcli and survey and the persons therein being strictly to examine 
 touching and concerning the premises aforesaid according to the laws and 
 statutes in that behalf made and provided ; and in the daytime to enter and 
 go into the houses, shops, cellars, warehouses, rooms, and other places where 
 any goods, wares, or merchandises lie concealed or are suspected to be con- 
 cealed, which are prohibited, or for which the duties of customs and other 
 rates and sums of money aforesaid are not or shall not be duly paid, and duly 
 satisfied, answered and paid unto our collectors or deputy collectors or other 
 person or persons duly appointed for that purpose or otherwise agreed for 
 according to the true intent of the lasvs in force or hereafter to be made ; 
 and feuch houses, shops, cellars, warehouses, rooms, and other places to search 
 and survey for the said goods, wares, and merchandises, and further to do and 
 execute all things which of right and according to the laws and statutes in 
 force in this behalf shall be to be done. 
 
 [Injunction to aid and assist the commissioners and their successors.] 
 
 In witness, &c. 
 
 No. 41. 
 ORDER TO DETAIN SHIP. 
 
 To [Officer of Customs or Board of Trade]. &c. 
 
 J, an officer having the authority of the Board of Trade to order the 
 provisional detention of unsafe ships have reason to believe that the ship 
 named below is unsafe, and I hereby order that such ship be provisionally 
 detained for the purpose of being surveyed. 
 
 I have, therefore, to request that you will take the necessary steps for 
 detaining her forthwith, taking care that the arcompanying notification 
 (Surveys 85a) embodying a written statement of the grounds of the ship's 
 detention is served at once. 
 
 Given, &c. 
 
 Officer having special authority to order 
 the detention of unsafe ships. 
 
 (A.) SHIP. 
 
 Name and Port of Registry. 
 
 Official No. 
 
 Where lying. 
 
 

 
 APPENDIX. 243 
 
 No. 42 
 EXCISE. WABBANT OP DISTRAINT. 
 
 Collection. > To Officers of Inland Revenue, or, either of them. 
 
 Whereas, the sum of has been charged in respect of Duties of Excise 
 
 upon, and is payable by for beer, by , brewed at , in the 
 
 of , and within the collection called collection, and the 
 
 said sum remains unpaid. 
 
 Now, I, the Collector of Inland Revenue, for the said Collection, 
 
 by virtue of the power and authority to me given by the statute in that 
 behalf, Do, by this warrant, signed by me. empower you the above-named 
 officer of Inland Revenue, or, either of you, to distrain upon all the beer, 
 malt, and other materials for brewing, and vessels and utensils belonging to 
 the said , or in any premises in the use or possession of the said , 
 
 or, of any person on behalf, or in trust for , and to levy the 
 
 said sum of so charged upon the said , and remaining unpaid as 
 
 aforesaid, together with all the costs and expenses attending the distress. 
 And, I do hereby empower you, or either of you, to sell by public auction the 
 said beer, malt, materials, vessels, and utensils, or so much thereof, as will 
 be sufficient to levy the said sum of , with all the costs and expenses 
 
 attending the distress, and to apply the proceeds of the sale in and towards 
 payment of the costs and expenses of the distress and sale, and in and 
 towards payment of the said sum of , so due from the said , and 
 
 to return the surplus, if any, to the said 
 
 Given under my hand at in the of , this day of 
 
 , in the year of Our Lord One Thousand Eight Hundred and 
 Ninety 
 
 [NOTE. The sale must not take place without six days' previous notice.] 
 
 No. 43. 
 JUSTICES REMOVAL OP INFECTED PERSONS. 
 
 To the Inspector of Nuisances for, &c., and to all other persons whom 
 
 it may concern. 
 
 Whereas information on oath has been made before me, the undersigned, 
 &c., that residing at in the said City, is suffering from a 
 
 dangerous, infectious disorder, and is without proper lodging and accommo- 
 dation there ( or, is lodged in a room in the house aforesaid occupied by more 
 than one family). 
 
 And whereas the certificate of a legally qualified medical practitioner 
 
 is now produced and shewn to me, dated this day, certifying to the above 
 facts . Now, therefore, I, the said Justice, do hereby in pursuance of 
 
 the Public Health Act, 1875, s. 124, order and direct you to forthwith remove 
 the said from the said house to the Sanatorium of and belonging to the 
 
 Sanitary Authority of the said City at wherein he is to be received 
 
 and detained by the Superintendent thereof. 
 
 Dated this, 
 
 J. P. 
 
 No. 44. 
 JUSTICES REMOVAL OF BODY. 
 
 To the Inspector of Nuisances, &c., and to all whom it may concern. 
 
 Whereas it has been made to appear to me on oath that the dead body of 
 now lying in the dwelling-house, No , in the parish of in 
 
 the said City, is in such a state from decomposition as to endanger the 
 health of the inmates of the said house. 
 
 E 2
 
 244 APPENDIX. 
 
 And whereas a certificate is now produced and shewn to me signed by 
 , a legally qualified medical practitioner, dated this day, confirming the 
 facts alleged on oath as above. 
 
 Now, therefore, in pursuance of the statute 36 & 37 Viet. c. 55, s. 142, I do 
 order that the aforesaid dead body be forthwith removed to the public 
 mortuary for the said parish, and the same be buried within the period of 
 twenty-four hours from the making of this order. 
 Dated, &c. 
 
 J. P. 
 
 No. 45. 
 ORDER TO EXAMINE PREMISES. 
 
 Whereas (local authority) have by their officer (name) made appear to 
 me, &c., and the said officer has made oath to me that demand lias been 
 
 made pursuant to the provisions of the Public Health Act, 1875, for admission 
 to for the purpote of and that such demand has been refused. 
 
 Now, therefore, I, the said A. B. do hereby require you (having the 
 
 custody of the premises) to admit the said (authority) (or officers) to the said 
 premises for the purpose aforesaid. 
 
 J. P. 
 
 No. 46. 
 DEALERS IN OLD METALS. 
 
 We the undersigned, &c. do by this order in writing made pursuant 
 
 to [Act] authorise you as such Inspector of Police to visit at any time the 
 several places of business, and inspect the goods and chattels of all dealers in 
 old metals, who are for the time being subject to the regulations of the said 
 Act, and who carry on business as such dealers \vithiu your district, you 
 recording in the book, required to be kept by such dealers, the day and hour 
 of your visiting, and placing, opposite the entry of every article examined by 
 you, your initials or name in attestation of the same. 
 
 Given, &c. 
 
 No. 47. 
 JUSTICES OBDER TO APPREHEND LUNATIC. 
 
 To E. F., one of the Overseers (or Believing Officer). 
 
 Whereas, I, the undersigned, one of Her Majesty's Justices, &e., have 
 received notice from you that A. B., a person wandering at lurge within your 
 parish, is deemed to be a lunatic : These, are therefore to order and require 
 you to apprehend the said person so wandering, if he be found within your 
 said parish, and to bring him before me on the , or, before such other 
 
 justice of the peace as may then be there to be dealt with according to law. 
 
 Given, &c. 
 
 No. 48. 
 ORDER TO DETAIN LUNATIC IN WORKHOUSE. 
 
 I, &c., being satisfied that A. B. a pauper in the workhouse of , 
 
 is a lunatic (or idiot), and a proper person to be taken charge of under care 
 and treatment in the workhouse, and being satisfied that the accommodation 
 in the workhouse is sufficient for his proper care and treatment, separate 
 from the inmates of the workhouse, not lunatics (or, that his condition is 
 such that it is not necessary for the convenience of the lunatic, or, of the 
 other inmates, that he should be kept separate), hereby authorize you to take
 
 APPENDIX. 245 
 
 charge of, and if the workhouse medical officer shall certify it to be necessary 
 to detain the said A. B. as a patient in your workhouse. 
 
 Subjoined is a statement of particulars respecting the said A. B. 
 
 Given, &c. 
 To 
 
 Master of the Workhouse at 
 
 No. 49. 
 PAUPER REMOVAL TO ASYLUM. 
 
 To the Overseers, &c. 
 
 and to the Superintendent of the 
 
 Lunatic Asylum at 
 
 Whereas, one C. D., a pauper lunatic chargeable upon the common fund of 
 the Union, in the County of , is now confined as a lunatic in the 
 
 , and it is desirable that he should be removed from thence to the 
 County Lunatic Asylum aforesaid, at 
 
 We, therefore, the undersigned, being two visitors of the said Asylum at 
 , or , and being also two of Her Majesty's Justices of the Peace 
 
 in and for the said County, do hereby order you the said proprietor of (the 
 house in which confined) to deliver the said C. D. to the sai<l overseers of 
 the parish of aforesaid, or, one of them upon this order being prescribed 
 
 to you by them, or any one of them, and We hereby order that you the said 
 overseers, do forthwith thereupon remove the said C. D. to the said lunatic 
 asylum at , and, We further order you the said Superintendent, &c., do 
 
 receive the said C. D. as a patient into the said last-mentioned asylum. 
 
 Given, &c. 
 
 [Similar forms are employed for conveyance from one asylum to another, 
 or, in case of discharge.] 
 
 No. 50. 
 ORDER TO REMOVE FROM DANGEROUS STRUCTURES [METROPOLIS]. 
 
 [After Certificate of Danger.] 
 To 
 
 One of the Constables of the Metropolitan Police Force. 
 Upon the foregoing application of the London County Council, duly made 
 on their behalf unto me, the undersigned, one of the Magistrates of the 
 Police Courts of the Metropolis, sitting at the Police Court in the City 
 
 of London, and within the Metropolitan Police District, I, being satisfied of 
 the correctness of the certificate of the said surveyor, hereby direct that the 
 inmates of the structure named in such certificate, be forthwith removed 
 therefrom by you the said constable ; and, if they have no other abode, I do 
 hereby require that they be received into the workhouse established for the 
 reception of the poor of the parish of , the said County and district in 
 
 which the said structure is situate. 
 
 Given, &c. 
 
 No. 51. 
 JUSTICES WEIGHTS. 
 
 Whereas you, the said A. B., have been duly appointed and now are In- 
 spector of Weights and Measures for the District of now I, the under- 
 signed, in pursuance of the statute in such case made and provided, do 
 hereby authorize you, the said A. B., as such inspector as aforesaid, at all 
 reasonable times to enter any shop, store, warehouse, stall, yard, or place, 
 whatsoever within your district and jurisdiction, wherein goods shall be
 
 246 APPENDIX. 
 
 exposed or kept for sale, or shall be weighed for conveyance or carriage, and 
 there to examine all weights, measures, steelyarda, or weighing machines, 
 and to compare and try the same with the Government Imperial Standard of 
 weights and measures, required and authorized to be provided under the 
 statute in such case made and provided, and for your so doing this shall be 
 your sufficient warrant and authority. 
 
 Given, &c. 
 
 No. 52. 
 JUSTICES ORDERS TO WATER BAILIFFS. 
 
 Whereas it has been made appear on oath before me, of , a Water Bailiff, 
 duly appointed for by the Fishery District of , that he has good reason to 
 Biispect, and does suspect, that acts in contravention of the Fishery Acts, 
 1861 and 1865, are beiug done (or, are likely to be done) on certain land in 
 the occupation of situate at the parish of in the said County, 
 
 being on and near a salmon river, to wit, the river. 
 
 Now, therefore, I, the said justice, do hereby, in pursuance of the Salmon 
 Fishery Act, 1865, authorize the said bailiff for a period not exceeding 
 twenty-four hours to enter upon, and remain on the aforesaid land during any 
 hour of the day or night for the purpose of detecting the persons, who may 
 be then and there committing any offence as aforesaid. 
 
 Given, &c. 
 
 J. P. 
 
 No. 53. 
 
 JUSTICES WARRANT TO ENTER PREMISES UNDER PUBLIC HEALTH ACT, 
 
 LONDON. 
 
 Whereas, A. B., being a person authorized under the Public Health Act 
 [London], 1891, to enter certain premises [ ] has made application to 
 
 me, &c., having jurisdiction in and for [ ] to authorize the said A. B. to 
 
 enter the said premises ; and, whereas, I, C. D., am satisfied by information on 
 oath that there is reasonable ground for such entry, and that there has been 
 a refusal or failure to admit to such premises, and either that reasonable 
 notice of the intention to apply to a justice for a warrant has been given, or, 
 that the giving of notice of such intention would defeat the object of the 
 entry [or, that there is on the said premises a contravention of the said Act, 
 or, of a bye-law made thereunder, and that an application for admission, or 
 notice of an application for a warrant, would defeat the object of the entry]. 
 
 Now, therefore, I the said C. D., do hereby authorize the said A. B. to 
 enter the said premises, and if need be by force, with such assistants as he 
 may require, and therein execute his duties under the said Act. 
 
 Given, &c.
 
 INDEX. 
 
 ABDUCTION, 48 
 
 ABETTORS IN MISDEMEANOUR, 48 
 
 ABORTION, 48 
 
 ABSOLUTE DUTIES, 5 
 
 ABUSIVE LANGUAGE : See CONSTABLE ABREST METROPOLIS. 
 
 ACCUSING OF CRIME WITH INTENT : See EXTORTION. 
 
 ACTION AGAINST OFFICER : See LIABILITIES. 
 limitation of time, 157 
 notice of, 155 
 tender of amends, 158 
 
 ADJUDICATION DEFINED, 34 
 
 to what applicable, 34 
 
 ADMINISTERING CHLOROFORM with intent, 48, 85 
 
 ADMIRALTY, uttering false certificates, 48 
 personating person entitled, 48 
 
 ADMIRALTY MARSHAL, 
 appraisement, 31 
 arrest, effect of, 30 
 
 after departure, 30 
 cargo, arrest of, 30 
 
 when included in that of ship, 30 
 
 not, 30 
 
 attachment liable to for breach of duty, 169 
 caveat, effect of, 30 
 commission of appraisement, 31 
 removal, 31 
 unlivery, 31 
 duty of, 31 
 fees, 31 
 
 jurisdiction, 30 
 priority, 30 
 release, 30 
 safe custody, 30 
 sale, 31 
 
 must be by auction, 31 
 service, how effected and when, 30 
 warrant of arrest, 29 
 notice of issue, 29 
 
 ADULTERATION, 65 
 
 division of article, 65 
 drugs, 65 
 food, 65 
 margarine, 65
 
 248 INDEX. 
 
 ADULTERATION continued. 
 milk, 66 
 
 notification, 65, 66 
 samples, 65 
 what constitutes an offence under Act, 65 
 
 ADVEKTISEMENTS, INDECENT : See CONSTABLES AKREST. 
 
 AFFRAY, officer may arrest without warrant: See CONSTABLES ARREST. 
 Affrayers running away and dispersing cannot be pursued: See CON- 
 STABLES ARREST. 
 
 ALIEN, false declaration, 48 : See CUSTOMS SEIZURE. 
 
 ALKALI INSPECTORS, 
 Powers, 128 
 
 AMBASSADOR, privilege from arrest of, 7, 16 
 Servant of, 7, 16 
 
 AMENDS, TENDER OF : See ACTION. 
 ANALYST, PUBLIC, 65 
 ANATOMY, INSPECTORS OF, 122 
 ANGLING IN DAYTIME, 95 
 
 ANIMALS, CRUELTY TO : See CRUELTY TO ANIMALS INSPECTOR. 
 diseased : See CONTAGIOUS DISEASE ANIMALS. 
 impounding, 109 
 killing or maiming, 48 
 obstructing thoroughfare, 134 
 shewn in street Metropolis : See CONSTABLE ARREST. 
 
 Towns : See CONSTABLE ARREST. 
 tethering on highway : See SURVEYOR OF HIGHWAYS. 
 
 APPEAL AGAINST RATE, 
 
 sum assessed may, notwithstanding be levied, 44 
 
 APPRAISEMENT : See HIGH BAILIFF ORDER OF RELEASE SHIP. 
 See ADMIRALTY MARSHAL. 
 
 APPRAISER appointed by high bailiff, 
 bailiff may act as, 42 
 remuneration, 179 
 
 AQUEDUCTS, INJURING, 48 
 ARMS, TRAINING TO USE, 48 
 
 ARREARS OF DUTIES OR LAND TAX, 
 
 goods not liable to be taken on other process while claim outstanding, 25 
 of rent while claim outstanding, 25 
 
 ARREST : See ADMIRALTY MARSHAL. 
 See CONSTABLES. 
 See HIGH BAILIFF. 
 See OVERSEERS. 
 See REVENUE CUSTOMS. 
 See REVENUE EXCISE. 
 See SHERIFF. 
 
 See SURVEYOR HIGHWAYS. 
 See WATER BAILIFFS. 
 WRECK RECEIVER. 
 privilege from, 7, 16 
 
 ARSON, 48
 
 INDEX. 249 
 
 ASSAULT, actual violence not necessary, 172 
 
 aggravated : See CONSTABLE ARREST METROPOLITAN. 
 
 common, 172 
 
 on county constable, 48 
 
 on female, 48 
 
 on officer in execution of his duty : See CONSTABLE ARREST. 
 
 on parish officer, 48 
 
 on person arresting, 48 
 
 power of bailiff to arrest for, 40 
 
 promoting another to, 48 
 
 with intent to rob, 84 
 
 person armed, 90 
 
 ASSAULT AND BATTERY: See LIABILITIES CIVIL PBOCEEDINGS 
 CRIMINAL PROCEEDINGS. 
 
 ASSEMBLY, UNLAWFUL, DEFINED : See CONSTABLE ARREST. 
 verbal order of justice, 48, 59 
 
 ASSISTANCE, WRIT OF ; See SHERIFF WRITS. 
 
 ASSIZE PRISONERS, COPY OF CALENDAR, 
 
 signed by judge, takes place of warrant to gaoler, 13 
 
 ASYLUM, REMOVAL OF INSANE, 40, 59, 61 
 discharge, 61 
 
 ASYLUM OFFICERS : See GAOLER. 
 
 See OVERSEERS. 
 
 ATTACHMENT, WRIT OF : See SHERIFF WHITS. 
 of officers, 169 
 
 ATTEMPT TO COMMIT FELONY, 48 
 AUCTIONEER, commission of sale under writ, 176 
 
 A UDI ALTEEAM PAETEM, 
 maxim where applicable, 34 
 
 BAIL, ORDER TO : See GAOLER. 
 admission to : See CONSTABLES. 
 
 BAILIFF : See HIGH BAILIFF. 
 See SHERIFF. 
 
 BAKEHOUSE, INSPECTION OF : See PUBLIC HEALTH. 
 
 See FACTORY INSPECTORS. 
 
 BANK NOTES, MAKING, 48 
 
 BANKRUPT ABSCONDING, 48 
 fraudulent, 48 
 
 BANKRUPTCY offences, for which judge has power to commit, 35, 36 
 collector of taxes and rates entitled to preferential payment, 44, 121 
 warrants in County Court, 36 
 
 BATHS AND WASH-HOUSES : See PUBLIC HEALTH. 
 BATTERY, DEFINITION OF, 79 
 
 BELLS, RINGING : See CONSTABLE ARREST. 
 See MINISTER. 
 
 BENCH WARRANT : Sec SHERIFF W
 
 250 INDEX. 
 
 BETTING, ARREST FOR: See CONSTABI E ARREST. 
 
 See CONST A.BLE ARREST METROPOLITAN. 
 documents, seizure of, 54 
 house believed by superintendent of police to be used for, 54 
 
 BIGAMY, 48 
 
 BILL OF SALE, 
 
 Admiralty Marshal and High Bailiff fahall (if required) execute to pur- 
 chaser of ship, 31 
 
 of goods made by officer of sheriff, presumption as to property which has 
 passed under, exempt from seizure, 23 
 
 registration of, 23 
 
 BILLETING SOLDIERS, 48 
 
 BISHOP, POWERS, &c., OF, 19 
 
 BLACK ROD : See SERGEANT-AT-AHMS (LORDS). 
 
 BLASPHEMOUS LIBEL, 48 
 
 BOARD OF AGRICULTURE : See CONTAGIOUS DISEASES INSPECTORS. 
 
 BOARD OF TRADE, 
 
 power of officer under Merchant Shipping Act, 124 
 
 BOARDING SHIPS, 113 
 
 BODY, EXHUMATION OF : See MINISTER CHURCHWARDEN OVERSEEHS. 
 
 BOOK DEBTS, 
 
 not saleable by sheriff under writ offi.fa., 20 
 
 BOOKS, commitment for not delivering up, 43 
 obscene, 52 
 
 BRAWLING : See CONSTABLE ARREST. 
 
 BREAKING DOORS, 
 after escape, 6 
 breaking out, 7, 16 
 breaking window, 16 
 
 brewers' premises : See REVENUE EXCISE. 
 distillery : See REVENUE EXCISE. 
 during what hours, 7, 16 
 entering aperture, 16 
 
 felony or breach of peace : See CONSTABLE ARREST. 
 inner doors, 6, 15 
 trunks, cupboards, &c., 15 
 outhouses, 6, 15 
 
 party's own house, definition of, 16 
 power as to, 6, 15 
 previous request and denial, 6, 15 
 remaining on premises, 7, 16 
 third party's house, 6, 15 
 what constitutes, 15 
 
 BREAKING PACKAGES, 113 
 
 BREWER, 
 
 breaking premises : See REVENUE, EXCISE. 
 distraint on : See REVENUE, EXCISE. 
 entry on premises of: See REVENUE, EXCISE. 
 examination of stock, 
 
 materials : See REVENUE, EXCISE. 
 
 officer may take samples of beer : See REVENUE, EXCISE. 
 other than for sale, entry on promises of: See REVENUE, EXCISE. 
 search of premises : See REVENUE EXCISE.
 
 INDEX. 251 
 
 BRIBERY AT ELECTIONS, 48 
 
 BRIDGE, 
 
 damage to : See SURVEYOR, HIGHWAYS. 
 repair of : See SURVEYOR, HIGHWAYS. 
 malicious injury to, 48 
 
 BRITISH CONSULAR OFFICER, 
 
 power under Merchant Shipping Act, 124 
 
 BROKER, 
 
 appointed by high bailiff, 
 bailiff may act as, 42 
 remuneration, 179 
 
 BUILDINGS, 
 
 dangerous, 61 
 
 BULLION, 
 
 conveying out of mint, 85 
 
 BUOYS, 
 
 interfering with, 48 
 
 BURGLARY, 48 
 
 BURIAL, 
 
 minister refusing to allow, 130 
 
 right of, where district becomes a separate parish, 130 
 
 BURIAL-GROUNDS INSPECTORS, 
 powers. 122 
 
 BYE-LAWS, 
 
 confirmation, 65 
 definition, 63 
 dispensing power, 64 
 good or bad in part, 64 
 necessary ingredients, 63 
 
 consistent, 63 
 
 certain, 63 
 
 general, 63 
 
 reasonable, 63 
 
 not ultra vires, 64 
 power to mitigate penalty, 63 
 
 make, 62 
 what, 64 
 
 burial-grounds, 62 
 
 gaols, 62 
 
 local, 62 
 
 post office, 62 
 
 revenue, 62 
 
 traffic, 62 
 
 CANAL BOATS, 
 
 inspection under order, 66 
 master to render assistance, 66 
 
 CANALS : See CONSTABLE, ARREST. 
 
 list of misdemeanours for which arrest without warrant, 100 
 
 CAPIAS UTLAGATVM: See SHERIFF (WRITS). 
 
 CARDS, 
 
 hawking : See CONSTABLE, ARREST. 
 See REVENUE, EXCISE.
 
 252 INDEX. 
 
 CAEGO, 
 
 may be arrested as security for freight due, 30 
 
 seizure of, under warrant, 30 
 
 service, how effected, 30 
 
 where landed and warehoused or transhipped, 30 
 
 CAKNAL KNOWLEDGE, 
 attempt, 48 
 
 CARNALLY ABUSING, 
 
 child under thirteen, 48 
 
 CARRIAGES, 
 
 driving on footway : See CONSTABLE, ARREST. 
 
 repairing or cleaning in street : See CONSTABLE, ARREST. 
 
 standing in street : See CONSTABLE, ARREST. 
 
 CATTLE, 
 
 diseased, 69 
 
 maiming or killing : See CONSTABLE, ARREST. 
 negligent driving of : See CONSTABLE, ARREST. 
 slaughtering in street : See CONSTABLE, ARREST. 
 turning loose : See CONSTABLE, ARREST. 
 impounding, 109 
 
 CAUSEWAYS, 
 
 damaging : See SURVEYOR, HIGHWAYS : ARREST. 
 
 CAVEAT, 
 
 entered against release of property duty of Admiralty Marshal, 30 
 
 CELL, 
 
 for separate confinement : See GAOLER. 
 punishment : See GAOLER. 
 
 CELLARS, 
 
 inspection of : See DISTRICT SURVEYOR. 
 
 CHAIN CABLES, &c., 
 injuring, 48 
 
 CHALLENGE TO FIGHT, 48 
 
 CHATTELS NOT CAPABLE OF ACTUAL DELIVERY, 
 
 sold under writ of fi. fa., 21, 27 
 
 CHEATING, 
 
 by false weights, 48 
 
 CHILD, 
 
 exposure : See CONSTABLE, ARREST. 
 ill-treatment of : See CONSTABLE, ARREST. 
 stealing, 48 
 under thirteen carnally abusing, 48 
 
 HIMNEY-SWEEPER, 110 
 
 CHLOROFORM, 
 
 administering with intent, 48 
 
 CHOKE, 
 
 attempt to, with intent, 48 
 
 CHURCH OR MEETING-HOUSE, 
 
 disturbing, 48
 
 INDEX. 253 
 
 CHURCHWARDENS, 
 
 brawling, 131 
 duti. s, 131 
 protection, 160 
 seats, 131 
 
 warrants and orders, 46 
 coroner, 46 
 privy council, 46 
 
 dangerous vaults or bury ing-places, 46 
 Secretary of State, 47 
 
 CLERGYMAN, 
 
 privilege from arrest, 7 
 
 CLOTHES OF PRISONERS, 111 
 
 prisoners entitled to their clothes upon discharge, 14 
 
 proper clothing where clothes destroyed, 14 
 
 CLUB, 
 
 gaming in, 55 
 
 the Park Club case, 55 
 
 COCK-FIGHTING, 
 
 power of local authority as to : See CONSTABLE, ARREST. 
 
 COIN, 
 
 offences, 49 : See CONSTABLE, ARREST. 
 possessing clippings or tools for making, 85 
 
 COLLECTORS OF LIGHTING AND WATCHING RATE : See OVER- 
 SEERS. 
 
 COLLECTORS OF TAXES, 
 
 execute distress warrants for non-payment of taxes, 39 
 
 COMBINATIONS, 
 unlawful, 49 
 
 COMMISSION : See ADMIRALTY MARSHAL. 
 of appraisement, 31 
 removal, 31 
 unlivery, 31 
 
 COMMISSIONERS OF TAXES, 
 
 may commit defaulter to prison, 40 
 
 COMMITTAL : See ATTACHMENT. 
 
 COMPANY, 
 
 being wound-up, not liable to attachment, sequestration, or distress, 25 
 
 offences, 57 
 
 (railway) liability of rolling stock to execution, 25 
 
 (cost book mining) a partnership merely, 25 
 
 COMPOUNDING, 
 
 felony, 49 
 informations, 49 
 misdemeanour, 49 
 
 CONSERVATORS, BOARD OF, 
 
 order, 
 
 how long in force, 61 
 powers (Thames), 1 28 
 
 CONSPIRACY, 49
 
 254 INDEX. 
 
 CONSTABLES, 
 
 Inherent powers, 
 
 duty, 76 
 
 force, use of, 76 
 
 aiding other officers, 76 
 
 infants, &c., 76 
 Arrest. 76 
 
 abduction, 82 
 
 abortion, 83 
 
 affray, 78 
 
 aqueducts, 83 
 
 arson, 83 
 
 assault and battery, 78, 84 
 
 assembly, unlawful, 79 
 
 bank-notes, making, 84 
 
 bankrupt, 84 
 
 bigamy, 84 j; 
 
 brawling, 80 
 
 breach of the peace, 80 
 
 breaking doors, 77 
 
 buoys, 84 
 
 burglary, 84 
 
 cards, hawking, 91 
 
 cattle, 85 
 
 child abuse, 85 
 
 exposure, 80 
 
 chloroform 85 
 
 choking, 85 
 
 coin offences, 85, 91 
 
 contagious diseases, 92 
 
 convicted persons, 81 
 
 copper offences, 85 
 
 crime, accusing of, 85 
 
 cruelty to animals, 81 
 children, 82 
 
 deer, 86 
 
 desertion, 86 
 
 dice, false, 82 
 
 drunkenness. 82 
 
 embezzlement, 86 
 
 escape, 82, 86 
 
 explosives, 82, 86, 92 
 
 extrad.tion, 86 
 
 felonies, list of, for which arrest without warrant, 82 
 
 loreign gold, 86 
 
 forgery, 86 
 
 found committing, 91 
 
 list of offences for which arrest without warrant, 78 
 
 game, 98 
 
 gaming, 94 
 
 gardens in towns, 98 
 
 general powers, 76 
 
 gold coin, 87 
 
 goods, injury to, 87 
 
 grievous harm, 87 
 
 gun, 98 
 
 handcuffs, 77 
 
 hawkers, 94 
 
 highways, 94 
 
 hop-binds, 87 
 
 housebreaking, 87 
 
 hue and cry, 98
 
 INDEX. 255 
 
 CONSTABLES continued. 
 Arrest contin ued. 
 
 illegal drilling, 79 
 
 indecency, 98 
 
 indecent advertisements, 94 
 
 exposure, 98 
 industrial schools, 94 
 jurisdiction, 77 
 larceny, 87, 94 
 licensed premises, hours of closing in default of name and address, 
 
 98 
 
 lighting, 99 
 
 limitation, laying information, 77 
 lunatics, 99 
 nmchim s, injury to, 89 
 malicious injury to property, 95 
 manslaughter, 89 
 merchant seamen, 99 
 mines, 89 
 murder, 89 
 mutiny, 89 
 night offenders, 96 
 oaths, 89 
 pedlars, 99 
 jtenal servitude, 89 
 personation, 90 
 piracy, 90 
 poison, 90 
 poor, 99 
 
 prison breach, 90 
 prisoner of war, 90 
 quarantine, 99 
 railway, 90 
 rape, 90 
 reasonable charge, 99 
 
 suspicion, 82 
 reformatory schools, 100 
 rescue, 90, 100 
 ringing bells, 80, 101 
 riot, 90 
 
 river-banks, damage, 90 
 robbery, 90 
 rout, 100 
 sacrilege, 90 
 signals, 90 
 silver, 90 
 slavey 90 
 smuggling, 90 
 stating cause, 77 
 btolen property, 90 
 stores, 91 
 Sunday, 76 
 swearing, 100 
 threatening letters, 91 
 time, 76 
 treason, 91 
 trees, damage to, 91 
 unnatural crime, 91 
 vagrants, 
 
 Act, list of offences under, 96 
 vessels, 91 
 wreck, 91
 
 256 INDEX. 
 
 CONSTABLES continued. 
 canals and rivers : 
 
 disorderly persons, 100 
 
 offenders, 100 
 metropolitan: 
 
 abusive language, 101 
 
 animals shewn in street, 100 
 on footway, 100 
 
 assembly unlawful, 100 
 
 betting, 101 
 
 bye-laws, 101 
 
 carriages on footway, 101 
 repairing, 101 
 standing, 101 
 
 cattle, negligent driving, 101 
 turning loose, 101 
 
 damage to person, 101 
 
 cellars left open, 103 
 
 cleaning, articles, 103 
 property, 101 
 
 delivery ut station, 103 
 
 disorderly persons, 101 
 
 fairs, 101 
 
 fences, damaging, 101 
 
 ferocious dogs, 101 
 
 found committing, 103 
 
 furious driving, 101 
 
 fire-arms in street, 101 
 
 fires, 101 
 
 fireworks in street, 1 01 
 
 indecent prints, 101 
 
 instrumente, noisy, 101 
 
 knocking at doors, 101 
 
 ladders on footway, 101 
 
 license! premises, 
 
 hours of closiug, 98 
 
 litter throwing, 103 
 
 mats, beating, 103 
 
 obstructions, 103 
 
 parks, regulations, 101, 103 
 
 pig-styes, 103 
 
 playing games in street, 102 
 
 poor, 102 
 
 prostitute soliciting, 102 
 
 public entertainment street, 100 
 
 public stores, 102 
 
 regulations of traffic, non-observance, 1 02 
 
 riding on shafts, 102 
 
 river, throwing refuse, 102 
 
 rubbish throwing, 103 
 
 sewers, 103 
 
 soil emptying, 103 
 
 stolen goods, 103 
 
 suspected offences (river), 102 
 
 unknown offenders, 103 
 County, 103 
 Municipal : 
 
 disorderly persons, 103 
 Towns : 
 
 animals shewn in street, 104 
 
 awnings, 104
 
 INDEX. 257 
 
 CONSTABLES continued. 
 Towns continued. 
 
 carriages standing, 101 
 cattle-slaughteri 1 1 g street, 104 
 dogs, ferocious, 104 
 driving more than two carts, 104 
 fire-arrns, discharging, 104 
 furious driving or riding, 104 
 found committing, 105 
 games, street, 104 
 goods projecting, 
 
 on footway, 104 
 indecent exposure, 104 
 
 publication, 104 
 knocking at doors, 105 
 lines across street, 105 
 mats, shaking, 105 
 matter, offVnsive, 105 
 pigs, 105 
 
 pits unfenced, 105 
 poor, 105 
 
 prostitute importuning, 105 
 riding on footway, 105 
 
 shafts, 105 
 
 rubbish thrown from roof, 105 
 timber, s-tones, lime, &c., 105 
 window boxes, 105 
 window-sill, standing on, 105 
 bail, 109 
 
 chimney sweeps and pedlars, 110 
 dogs, sale and destruction of, 
 
 (metropolitan ), 110 
 duties generally, 76 
 entry 
 
 lands, 106 
 
 licensed premises, generally, 106 
 occasional, 106 
 slaughter-houses, 106 
 smuggling, 106 
 threshing-machines, 106 
 trespassers, 106 
 canals and rivers : 
 
 vessels, 106 
 Metropolitan : 
 
 licensing (dockyards), 106 
 vessels, 106 
 
 fairs (metropolitan), 110 
 gun, 110 
 
 powers generally, 76 
 search, 107 
 
 game, 107 
 
 seizure and detention, 107 
 coining tools, 107 
 contagious diseases, 107 
 cruelty to animals, 108 
 customs, 108 
 dogs, stray, 108 
 excise, 108 
 explosives, 108 
 game, 108 
 money, 109 
 property on person arrested, 108
 
 258 INDEX. 
 
 CONSTABLES continued. 
 
 seizure and detention continued. 
 
 vagrants, 109 
 Canals and rivers : 
 
 boats and carriages, 109 
 Metropolitan : 
 carts, 109 
 dogs, 109 
 
 furniture removing, 109 
 generally, 109 
 stolen goods, 109 
 swine, 109 
 Towns : 
 
 cattle, 109 
 Traffic (metropolitan) : 
 
 Fires, 110 
 Liabilities : 
 
 action against notice, 155 
 
 when necessary, 155 
 
 appearing as advocate before justices where not prosecutors, 
 
 202 
 
 interrogating persons arrested, 202 
 refusing admission to defendants to open Court, 202 
 assuming judicial functions, 202 
 protection, 154 
 
 canals and rivers, 157 
 county, 158 
 
 customs and excise, 157 
 metropolitan, 157 
 municipal, 158 
 towns, 159 
 pleading 160 
 Under warrant 
 of Justice, 
 
 officer must act within 
 limits of particular county, 50, 146 
 of Queen's Bench, 1 46 
 cases under statute, 146 
 
 not under statute, 146 
 demand of copy of warrant, 146 
 recovery of tenements, 147 : See also LIABILITIES. 
 Warrants and orders, 
 Arrest, 50 
 
 addressed to particular officer, he must have warrant in his 
 
 possession, 52 
 backing, 50 
 explosives, 53 
 jurisdiction, 50 
 resistance, lawful when, 52 
 Metropolitan, 
 betting, 54 
 cock-fighting, 60 
 dramatic entertainments, 60 
 gaming houses, persons in, 54 
 Towns : 
 
 cock-fighting, 60 
 Entry : 
 
 Public Health Act, 58 
 
 London, 61 
 stolen goods, 53 
 recovery of tenements, 43
 
 INDEX. 259 
 
 CONSTABLES continued. 
 
 Warrants and orders continued. 
 Entry continued. 
 
 recovery of tenements continued. 
 Sundays, 43 
 during what hours, 43 
 Metropolitan, 
 betting houses, 54 
 
 what is house for this purpose, 54 
 cock-fighting, 60 
 dealers in old metals, 59 
 dramatic entertainment, 60 
 gaming house, 54 
 nuisance, 43 
 Towns, 
 
 cock-fighting, 60 
 Searcli, 52 
 
 explosives, 53 
 
 entry, case of emergency, 
 
 wharves and ships, 53 
 petroleum, 
 
 seizure and detention, 53 
 premises occupied by convicted persons, 53 
 seizure must be lioiited to property named, 52 
 stolen property, 53 
 Remand, 
 
 duty under, 54 
 Of coroner, 37 
 
 commitment by quarter sessions, 36 
 distress, 37 
 
 how executed, 37 
 sale by auction, 37 
 
 within what time, 37 
 extent of, 37 
 goods not to be removed, 38 
 
 but impounded, 38 
 costs, 38 
 overplus, 38 
 superseded, 38 
 what not to be taken, 38 
 priority, 38 
 in civil cases, 43 
 copy if demanded must be given, 
 
 where not necessary to demand, 146 
 in indictable offences, 37, 48 
 in civil cases, 43 
 
 non-payment of rates, 43 
 inferior Courts. 37 
 
 police magistrate (in extradition), 51 
 Secretary of State (in extradition,, 47 
 criminal lunatics, 47 
 fugitive offenders, 47 
 quarter sessions (bench warrant), 48 
 
 calendar, 37 
 Orders : 
 
 commissioner (nietrop.), 
 betting house, 54 
 gaming house, 54 
 cock-fighting, 60 
 dramatic entertainment, 60 
 chief officer of police, 
 
 r> 2
 
 260 INDEX. 
 
 CONSTABLES continued. 
 
 Warrants and orders continued. 
 Orders con tinued. 
 
 chief officers of police continued. 
 to examine premises, 53 
 
 old metals, 59 
 industrial school as to, 59 
 lunatic.*, 59 
 local authority, 
 
 cock-fighting, 60 
 secretary of state, 47, 59 
 justices, 58 
 
 (Metrop.) dangerous structures, 60 
 to remove children to workhouse, 59 
 lunatics, 59 
 verbal, 
 
 disturbing petty sessions, 59 
 
 revising barristers' court, 59 
 coroner, 59 
 justice, 59 
 
 justice not sitting, 59 
 returning officer, 59 
 rout, 59 
 
 local authorities, 59 
 witnesses, 59 
 unlawful assembly, 59 
 
 CONSTABLE, 
 
 refusing to assist when required, 49 
 
 CONTAGIOUS DISEASES INSPECTORS, 
 powers, 122 
 protection, 158 
 orders of privy council issued by board of agriculture, 122 
 
 CONTAGIOUS DISEASES ACT : See CONSTABLE, ARREST. 
 entry, 66 
 
 seizure and detention, 92, 107 
 offences under, 92 
 powers of inspectors, 66 
 
 CONTEMPT, 
 
 jurisdiction of inferior Courts to punish for, 37 
 superior Courts to punish for, 12 
 warrant of committal for, 12, 36 
 
 CONTRACT OF SERVICE, breaking, 49 
 CONTUMACE CAPIENDO : See SHERIFF WRITS. 
 
 CONVICTED PERSONS, 
 
 arrest of : See CONSTABLE, ARREST. 
 premises occupied by, iuay be searched, 53 
 
 COPPER, counterfeiting, 85 
 COPYRIGHT, false registration, 49 
 
 CORONER, 
 
 warrant of, 
 
 exhumation of body, 46 
 
 offences for which he may issue, 37 
 may order forcible exclusion of party from Court, 59 
 
 officer of, 37 
 
 COSTS : See LIABILITIES, PROTECTION.
 
 INDEX. 261 
 
 COUNCILS OF CONCILIATION, 58 
 
 COUNTERFEIT COIN, 
 
 exporting, 91 : See CONSTABLE, ARREST. 
 foreign coins other than gold or silver, 91 
 possessing three or four pieces with intent, 91 
 
 COUNTY COURT, 
 
 statutory protection to officers, notice of action required, 155 
 warrants of, in equity and admiralty, 36 
 
 COURT, 
 
 wilful interruption of proceedings, 12, 36 
 order to produce : See GAOLER. 
 
 COURTS, 
 
 officers attending, 
 power, 75 
 
 CRIME, 
 
 extortion by accusing of, 49 
 tort which is also a, 172 
 unnatural, 91 
 
 CRIMINAL LUNATICS, 
 
 prisoner : See GAOLER. 
 
 warrant of Secretary of State : See CONSTABLE, WARRANTS. 
 
 CRUELTY TO ANIMALS : See CONSTABLE, ARREST. 
 CRUELTY TO CHILDREN : See CONSTABLE, ARREST. 
 CRUELTY TO THOSE UNDER ONE'S CONTROL, 49 
 
 CRUELTY TO ANIMALS INSPECTORS, 
 powers, 122 
 vivisection, 122 
 
 CUSTOMS : See KEVENUE. 
 offences, 49 
 
 DAIRIES, 70 
 
 DAMAGES: See LIABILITIES. 
 
 DANGKROUS STRUCTURES, 
 
 order for removal from : See DISTRICT SURVEYOR. 
 
 vaults or burying places : See MINISTER ; CHURCHWARDEN. 
 
 DEAD BODY, disinterring, 49 
 
 DEALERS IN OLD METALS, 
 
 powers to visit places of business registered, 59 
 
 DEALERS IN SPIRITS, 
 
 power to visit premises, 118 
 
 DEALERS IN TOBACCO, 
 
 power to visit premises, 118 
 
 DEBT, 
 
 imprisonment for, 17 
 
 debts at suit of Crown, 10 
 payment of, and costs to sheriff, 20 
 
 will supersede distress warrant, 20 
 
 DEBTORS, 111 
 
 DEBTORS ACT, orders under, 35, 36
 
 262 INDEX. 
 
 DEBTS, BOOK-, 
 
 may be taken under writ of extent, 10 
 not saleable by sherifl' under fi. /a., 20 
 
 DECLARATION, making false, 49 
 
 DEER TAKING, 49 
 
 DELIVERY, writ of : See SHERIFF (\VRITS) ; HIGH BAILIFF (WRITS). 
 
 DEPARTMENTAL REGULATIONS : See BYE-LAWS. 
 
 DESERTION FROM ARMY, 49 
 navy, 49 
 
 DESTITUTE PERSON, 
 
 constable may conduct to ward or other such place : See CONSTABLE 
 ARREST METROPOLIS. 
 
 DICE, FALSE : See CONSTABLE ARREST METROPOLIS. 
 
 DIRECTION POSTS, DAMAGING : See SURVEYOR HIGHWAYS ARREST . 
 
 DISEASED CATTLE : See CONTAGIOUS DISEASES. 
 orders issued by board of agriculture, 122 
 
 DISOBEDIENCE OF ORDER OF JUSTICE, 49 
 direction under statute, 49 
 where no penalty, 49 
 
 DISORDERLY PERSONS : See CONSTABLE ARREST METROPOLIS. 
 
 See CONSTABLE MUNICIPAL. 
 house keeping, 49 
 
 DISTILLER, 
 
 breaking premises of: See REVENUE EXCISE. 
 
 entry on premises, 117 
 
 examination of material, 118 
 
 must supply officer with ladders and lights, 120 
 
 search of premises, 119 
 
 DISTRESS, WARRANT OF, 
 
 against estate of company in liquidation, void, 25 
 
 brewer for unpaid duty, 56 
 
 distiller for unpaid duty, 57 
 
 co?ts and charges, 38 
 
 for rates under 20 charges, 180 
 
 for taxes in arrear where refusal to pay, 39 
 
 goods of third person, 121 
 
 previous demand nece-sary, 121 
 
 sum must be actually due, 121 
 for tolls, 71 
 
 goods to be impounded, 38 
 goods not to be removed till sale, 38 
 how executed, 37 
 
 payment or tender of debt and costs will supersede, 38 
 penalty for exaction in effecting sale, 38 
 
 for excessive charges, 38 
 priority, 38 
 
 sale within what time, 38 
 ship, 126 
 what may not be taken, 38 
 
 DISTRINGAS, WRIT OF : See SHERIFF WRITS. 
 
 DISTURBING A COURT, 
 
 election court, 59
 
 INDEX. 263 
 
 DISTURBING A COURT continued. 
 meeting of justices, 59 
 revising barristers' court, 59 
 petty sessions, 59 
 
 DOCUMENTS, DEMAND OF, 66, 113, 124 
 
 DOG, FEROCIOUS : See CONSTABLE ARREST. 
 rabid or otherwise, 108, 109 
 
 c -nstable muy destroy, when, 110 
 
 DOORS, B HEARING: See BREAKING DOJRS. 
 knocking at : See CONSTABLE ARREST. 
 
 DRAINS : See PUBLIC HEALTH LOCAL AUTHORITY. 
 
 DRAMATIC ENTERTAINMENT, 
 
 ordt r of commissioner of police as to, 60 
 
 DRIVING : See CONSTABLE ARREST. 
 carriage on footway, 100 
 cattle negligently, 101 
 causing dani;ig. j , 101 
 more than two carts or wagons, 104 
 without owner's name, 135 
 
 DRUGS, ADULTERATION OF, 65 
 DRUNKENNESS : See CONSTABLE ARREST. 
 DUES : See REVENUE CUSTOMS. 
 
 DUTIES : See REVENUE CUSTOMS. 
 
 See REVENUE EXCISE. 
 in arrear, 25 
 
 goods and chattels not liable to other process, 25 
 absolute, 5 
 relative, 5 
 
 DWELLINGS UNDERGROUND, INSPECTION: See DISTRICT SURVEYOR. 
 
 EAVES-DROPPING, 201 
 
 ELECTION OFFENCES, 49 
 
 municipal, 49 
 
 E LEGIT, WRIT OF : See SHERIFF WRITS. 
 EMBEZZLEMENT, 49 
 
 ENTERTAINMENT, DRAMATIC, 60 
 
 public in street, 100, 104 
 
 ENTRY, FORCIBLE, 49 
 EPIDEMIC : See PUBLIC HEALTH. 
 
 EQUITABLE INTEREST IN TERM OF YEARS, 
 
 liability to seizure ot, 18 
 
 EQUITY OF REDEMPTION, 
 
 may be taken under writ extent, 10 
 muy not be taken under writ elegit, 18 
 
 ESCAPE : See CONSTABLE ARREST. 
 aiding in, 49 
 of felon, 49 
 rescue in felony, 49 
 misdemeanour, 49
 
 264 INDEX. 
 
 ESTATE HELD FKOM CROWN, 
 in execution under writ elegit, 18 
 
 EVIDENCE, 
 
 Act and special matters may be given, when : See LIABILITIES PROTEC- 
 TION. 
 
 of officer acting sufficient, 151 
 fabrication of, 171, 209 
 withholding of, 168, 170 
 
 EXACTION, 
 
 in efiecting sale under distress : See DISTRESS WARRANT. 
 penalty for : See DISTRESS WARRANT. 
 
 EXAMINATION OF GOODS, 113, 118 
 
 EXCESSIVE CHAKGES, 
 
 in effecting sale under distress 
 warrant, penalty for, 38 
 
 EXCISE : See REVENUE. 
 offences, 49 
 
 EXECUTION, 
 
 against goods valid, althoiigh sheriff liable to action for breaking civil, 16 
 property remains in defendant until, 17 
 Sunday, 7, 16 
 
 EXHUMATION OF BODY, 
 warrant of coroner, 46 
 order of Secretary of State, 17 
 
 EXIGENT, WRIT OF : See SHERIFF WRITS. 
 EXPLOSION WITH INTENT OR ATTEMPT, 49 
 
 EXPLOSIVES INSPECTORS, 
 entry, 122 
 
 factory magazine or store, 122 
 
 registered premises, 122 
 
 wharves and ships, 122 
 powers general, 122 
 samples may take, 123 
 
 payment for, 123 
 
 expenses of testing, 123 
 seizure, 108 
 
 under warrants and orders, 57, 67 
 entry in case of emergency, 57 
 seizure, 57 
 local authority, 67 
 arrest, 67 
 petroleum, 67 
 samples, 67 
 
 EXPOSURE OF CHILD, 80 
 indecent, 98 
 
 EXTENT, WRIT OF : See SHERIFF WRITS. 
 
 EXTORTION, 
 
 action against sheriff: See SHERIFF. 
 by accusing of crime, 49 
 by colour of office, 49 
 
 EXTRADITION, 49 
 
 warrant of Secretary of State: See CONSTABLE WARRANTS. 
 warrant of police magistrate : See CONSTABLE WARRANTS.
 
 INDEX. 265 
 
 FABRICATION OF EVIDENCE : See LIABILITY 
 
 FACTORY INSPECTORS, 
 entry, 123 
 bakehouses, 123 
 
 certificate to be produced to occupier, 123 
 cruelty to children, 123 
 powers, 123 
 
 may take constable, when, 123 
 school, 123 
 examination, 123 
 production of certificates, registers, &c., 123 
 
 FAIRS WHERE DECLARED ILLEGAL: See CONSTABLE ABREST 
 METROPOLITAN. 
 booth open in such fair, 110 
 
 FALSE IMPRISONMENT, 49 
 FALSE NEWS, 203 
 FALSE PRETENCES, 49 
 FALSIFICATION OF ACCOUNTS, 49 
 
 FARM STUFFS, 
 
 duty of sheriff as to, 23 
 
 FELONY, 
 
 misprision of, 49 
 
 tort, which is also a, 172 
 
 FELONIES, 
 
 list of, for which arrest without warrant, 82 
 
 FENCES, 
 
 damaging : See CONSTABLE, ARREST. 
 
 FL. FA., 
 
 writ of : See SHERIFF, WRITS. 
 
 FILTH, 
 
 removal of : See, PUBLIC HEALTH. 
 
 FINES, 
 
 recovery of, 35 
 
 FIRES : See PUBLIC HEALTH (METROPOLIS). 
 
 FIRE-ARMS : See CONSTABLE, ARREST (METROPOLIS). 
 
 discharge of, in street : See CONSTABLE, ARREST (METROPOLIS). 
 
 FIRE BRIGADE, 
 powers, 74 
 
 FIREWORKS, 
 
 in street, 101 
 nui&ance by, 49 
 
 FIRST-CLASS MISDEMEANANT, 13, 111 
 
 FISH, 
 
 stealing, 49 
 
 FISHING, 
 
 illegal : See WATER BAILIFFS. 
 person to produce licence, 128
 
 266 INDEX. 
 
 FIXTURES, 
 
 agricultural, 23 
 
 (landlords), list of, 23 
 
 (tenants), list of, 21 
 mortgaged by tenant, 24 
 
 no power to remove after determination of tenancy, 24 
 tenant may remove liable to be taken in execution against tenant, 24 
 
 FOOD, 
 
 inspection of, 70, 74 
 adulteration of, 65 
 
 FOOTWAY, 
 
 awning or projection over, 104 
 driving cart or carriage on, 100, 104 
 goods projecting over, 104 
 ladders, casks, &c., on, 101, 104 
 riding on, 100, 105 
 
 FORCE, 
 
 Lord Ellenborough on : See BREAKING DOORS. 
 employment of, 5 
 
 officers may use ... to recover possession of warrant, 7 
 officers may use, in what cases, 76, 120 
 
 FORCIBLE ENTRY, 209 
 
 FOREIGN ENLISTMENT ACT, 
 
 aiding equipment, 49 
 
 shipbuilding, 49 
 
 warrant of Secretary of State, 56 
 
 FOREIGN GOLD AND SILVER COUNTERFEITING, 87, 90, 91 
 FORGERY, 49 
 
 FOUND COMMITTING 
 
 list of offences under, 91 
 
 notice of action against officer, 155 
 
 FREIGHT, 
 
 Warrant, Admiralty, 
 
 cargo may be arrested for freight due, 30 
 
 freight not to be arrested, note to be appended to pnscipc, 30 
 
 service, how effected, 30 
 
 where cargo has been landed and warehoused, or transhipped, 30 
 
 FRIENDLY SOCIETIES, 
 
 circulation of false copies of rules, 49 
 
 FUGITIVE OFFENDERS, 49 : flee CONSTABLE, WARRANTS. 
 warrant of Secretary of State, 47 
 
 FURIOUS DRIVING, 101, 104 
 
 FURNITURE, 
 
 removing, 109 
 
 GAME, 50 : See CONSTABLE, ARREST AND DETENTION. See SEIZURE AND 
 DETENTION. 
 
 GAMES, 
 
 playing in street: See CONSTABLE, ARREST. 
 
 on highway : See SURVEYOR, HIGHWAYS. 
 unlawful, 55
 
 INDEX. 267 
 
 GAMING, 
 
 arrest for, 94, 97, 101 
 
 cheating at play, 50 
 
 club, 55 
 
 house, keeping, 50 
 
 house, believed by superintendent of police to be used for, 54 
 
 teizure of tables, instruments, &c., 54 
 
 GAOLERS, 
 
 articles carried in or out of prison, 112] 
 duties, 111 
 liability, 150 
 pleading, 160 
 privileges, 111 
 protection, 153 
 prisoners, 111 
 
 admission of visitors, 112 
 assize prisoners, practice as to, 13 
 cleanliness, 111 
 clothes, 111 
 debtors, 43, 111 
 discharge of prisoner, 13, 40 
 education, 112 
 exercise, 112 
 females, 112 
 
 first-class misdemeanant, 13, 40, 111 
 hair cutting, 111 
 hard labour, 112 
 illness, 112 
 maintenance, 111 
 mechanical restraints, 111 
 money, 111 
 punishment, 111 
 religion, 112 
 removal of prisoner, 111 
 search, 111 
 
 separate confinement, cell for, 111 
 sleeping, 111 
 warrants and orders, 
 of Lords, 12 
 of Speaker, 13 
 of High Court, 13 
 
 (warrant to sheriff contains order to gaoler), 
 of Secretary of State, 
 
 to bring up prisoner to give evidence, 
 for trial, 40 
 
 to remove to asylum, 40 
 of County Court, 40 
 of justices, 40 
 reformatory schools, 40 
 bail, to admit to, 13 
 commitment in civil cases, 43 
 
 in default of sureties, 40 
 
 penalty under Customs Acts, 40 
 
 copy to be delivered, 14 
 habeas corpus, 14 
 pardon, 13 
 release, 13 
 
 to produce in Court, 40 
 
 when term of imprisonment should be specified, 13 
 wrong person executed against, 183
 
 268 INDEX. 
 
 GAS-PIPES, 
 
 removal, 68 
 
 GENERAL ISSUE, 160 
 
 GIPSIES ENCAMPING : See SURVEYOR, HIGHWAYS. 
 
 GOLD COIN, 
 
 colouring to represent, 87 
 impairing, 87 
 
 GOODS, 
 
 deposited with another as security, not seizable, 24 
 
 distraint of, by collector, for non-payment of rates ship : See MERCHANT 
 
 SHIP INSPECTOR. 
 
 forfeiture of: See EETENTE, CUSTOMS. 
 in custody of law, not seizable, 24 
 in hands of executor, liability to seizure of, 25 
 in manufacture, malicious injury to, 87 
 impounded under distress warrant, 38 
 lent on hire, liability to seizure of, 24 
 list of, importation of which prohibited or restricted : See REVENUE 
 
 CUSTOMS. 
 
 list of, liable to duty, 114, 119 
 may be detained, even though seizure illegal, 16 
 not actually defendants, not seizable under writ fi.fa , 23 
 not leviable under writ of extent, 10 
 not told, return of sheriff, 27 
 
 previously assigned, sheriff not bound to interplead, 23 
 sold, 23 
 
 under distress warrant, 37 
 subject to lien, seizure of, 24 
 
 taken in execution, if claimed, duty of bailiff as to, 41 
 securing : See REVENUE, CUSTOMS. 
 
 GOOD-WILL, 
 
 not saleable by sheriff under fi. /a., 20 
 
 GRIEVOUS BODILY HARM, 
 
 with intent, 87 
 
 GUN, 
 
 carrying : See CONSTABLE, ARREST. 
 licence : See REVENUE, EXCISE. 
 entry on land to demand, 117 
 
 GUNPOWDER : See CONSTABLE, SEIZURE AND DETENTION. 
 
 HABEAS CORPUS AD SUBJICIENDUM, writ of, 181 : See GAOLER. 
 
 HACKNEY CARRIAGE, 
 
 standing : See CONSTABLE, ARREST (METROPOLIS). 
 
 HARBOUR MASTERS : See MERCHANT SHIP, INSPECTION. 
 
 HATCHWAY, 
 
 fastening, 113 
 
 HAWKERS WITHOUT LICENCE : See CONSTABLE, ARREST. 
 HAWKING CARDS : See CONSTABLE, ARREST. 
 HAWKING PETROLEUM : See PETROLEUM. 
 
 HEDGES, 
 
 pruning : See SURVEYOR, HIGHWAYS.
 
 INDEX. 269 
 
 HIGH BAILIFF, 
 
 duties, 
 
 sometimes performed by registrar, 36 
 liabilities, 
 
 action in another Court, 180 
 default, 
 
 remedy for, 169 
 extortion, 179 
 fees allowed, 179 
 
 position of compared with sheriff, 145 
 protection, 145, 153 
 warrants and orders, 
 Admiralty, 41 
 arrest, 41 
 
 appraisement when necessary, 41 
 execution on Sunday, 41 
 release, 41 
 service, 41 
 committal, 
 
 Admiralty and Equity, 36 
 bankruptcy, 36 
 contempt, 36 
 Debtors Act, 36 
 verbal, 36 
 delivery, 41 
 execution on goods, 41 
 
 bailiffs may act as brokers, 42 
 custody of goods, 41 
 goods claimed, 41 
 landlord, 42 
 partners, 20 
 sale, 42 
 
 securities to hold, 41 
 ship, 
 sale, 42 
 
 appraisement, 42 
 duty on completion, 42 
 inventory, 42 
 
 superseded by payment or tender, 41 
 tithe rent charge, 41 
 what may be taken, 41 
 possession, 42 
 
 continuance of warrant, 42 
 entry, 42 
 
 during what hours, 42 
 fees, 42 
 bailiff, 
 
 arrest, 40 
 
 assault in execution of duty, 40 
 liability of high bailiff, 40 
 rescue of goods, 40 
 broker acting as, 42 
 
 HIGHWAY, SURVEYOR OF : See SURVEYOR. 
 tethering animals on, 134 
 
 HIGHWAYS, 67 
 entry, 67 
 inspection, 67 
 
 HOP-BINDS, 
 
 destroying, 50 
 
 falsely marked bags, 50
 
 270 INDEX. 
 
 HOUSE FLESH : See PUBLIC HEALTH. 
 
 HOUSE, 
 
 believed by superintendent of police to be used for betting, 
 
 power to enter, 54 
 believed by superintendent of police to be used as common gaming, 
 
 power to enter, 54 
 betting, 54 
 breaking, 50 
 
 after escape, 6 
 
 party's own bouse, 6, 15 
 
 third party's, officer breaks in at peril, 6, 15 
 common lodging, 74 
 demolishing, 96 
 
 entering at night with intent, 84 
 gaming, 54 
 
 malicious injury to, 96 
 purification of, 68, 73 
 sanctity of a man's, 15 
 
 HUSBAND, 
 
 liability of for wife's debts, 25 
 
 ILL-TREATMENT OF CHILD : See CONSTABLE, ARREST, CRUELTY. 
 
 IMPOUNDING ANIMALS, 
 
 food and water to be provided, 81 
 
 IMPOUNDING OF GOODS : See DISTRESS WARRANT. 
 
 IMPRISONMENT FOR DEBT : See DEBT. 
 
 INCITING TO COMMIT OFFENCE, 207 
 
 INDECENT ADVERTISEMENTS : See CONSTABLE, ARREST. 
 
 INDECENT EXPOSURE, 50 : See CONSTABLE, ARREST. 
 
 INDECENT PRINTS, SONGS, &c., 50 : See CONSTABLE, ARREST (METRO- 
 POLIS). 
 
 INDEMNITY, 
 
 usually given by lessor of plaintiff to sheriff for executing writ of 
 possession, 29 
 
 INDICTABLE OFFENCES, 48 
 
 INDUSTRIAL SCHOOLS, 50 : See CONSTABLE, ARREST. 
 
 INEBRIATES ACTS, 
 duty of inspector, 122 
 powers, 122 
 
 INFECTED PERSONS, 
 
 removal of : See PUBLIC HEALTH. 
 ships : See REVENUE, CUSTOMS. 
 
 INFORMATION, 
 
 remedy for breach of duty under criminal law, 1G9 
 for excess of power, 202 
 
 INHERENT POWERS, 
 
 to be pursued strictly, 75 
 
 INJUNCTION, 
 
 when available, 195, 198 
 
 INJURY, MALICIOUS, TO PROPERTY : See CONSTABLE, ARREST.
 
 INDEX. 271 
 
 INQUISITION, 
 
 to ascertain lands, 18 
 
 INSANE PERSONS, 
 
 removal to asylum of, 40, 59, 61 
 
 INSCRIPTIONS ON TOMBSTONES, 
 
 rights of individuals, 131 
 
 INSTRUMENT, NOISY, IN STREET : See CONSTABLE, ARREST. 
 
 INSULT, WILFUL, TO JUDGE, &c., 
 warrant of committal for, 12, 36 
 
 INTEREST. 
 
 recoverable on a judgment, 20 
 
 INTERPLEADER : See SHERIFF, LIABILITIES. 
 
 INTERRUPTION, WILFUL, OF PROCEEDINGS OF COURT, 
 warrant of committal for, 36 
 
 INVENTORY : See SHIP. 
 
 JESUITS, 50 
 
 JUDGE, 
 
 wilful insult to, 12, 36 
 
 JUDGMENT, 
 
 against partners, 20 
 
 JUROR, 
 
 wilful insult to, 36 
 
 JURY, 
 
 directed for whom to find verdict, in what cases : See LIABILITIES, 
 PROTECTION. 
 
 JUSTICE OF THE PEACE, 
 
 warrant of, 48 
 
 may order forcible exclusion of party from Court in preliminary enquiry, 
 59 
 
 KIDNAPPING, 50 
 KILLING CATTLE, 85 
 
 KILLING CONSTABLE, 
 when manslaughter, 52 
 when murder, 52 
 
 LADDERS, CASKS, &c., 
 
 on footway : See CONSTABLE, ARREST (METROPOLIS). 
 duty to supply : See REVENUE, EXCISE. 
 
 LAND TAX IN ARREAR, 
 
 goods and chattels not liable to other process, 25 
 
 LANDS, 
 
 elegit, seizable under, 18 
 copyhold, 18
 
 272 INDEX. 
 
 LANDS continued. 
 
 freehold estates held from Crown, 18 
 
 mansion, excepted from leasing power of tenant for life, 18 
 
 public, 18 
 
 subject to appointment, 18 
 
 trust (simple), 18 
 
 wife's lands, 
 
 not seizable, 18 
 
 ecclesiastical, 19 
 
 equity of redemption, 19 
 
 mortgage, 18 
 
 remainder, 19 
 
 reversion, 19 
 
 sold, 18 
 
 trust, long term (rent-charge), 18 
 extent, seizable under, 10 
 
 equity of redemption, 10 
 
 freehold, 10 
 
 leasehold (may be extended as lands), 11 
 
 trust, 
 
 not seizable, 10 
 
 copyhold, 11 
 
 judgment obtained against, 11 
 
 mortgaged, 11 
 
 sold, 11 
 entry on : See CONSTABLES. 
 
 See REVENUE. 
 LANDLORD, 
 
 claim over goods taken in execution, duty of sheriff, 25 
 
 high bailiff, 42 
 
 consenting to a sale by sheriff, 26 
 fixtures, 23, 26 
 
 priority over collector of taxes, 121 
 recovery of tenements, 43 
 tenancy, yearly, 25 
 
 other terms, 26 
 tenement let by week, 26 
 
 LARCENY, 
 
 found committing, 94 
 
 list of misdemeanours under Act for which arrest without warrant, 94 
 
 list of felonies under Act for which arrest without warrant, 87 
 
 LEASE, 
 
 taken under writ of extent, 10 
 fi.fa.,21 
 LETTERS, 
 
 Non-delivery of, action for opening, detaining or delaying, 195 
 misdemeanour, 202 
 
 express warrant necessary for every separate case, 46 
 postmaster's duty as to delivery, 121 
 sending threatening, 91 
 
 LEVABI FACIAS, WRIT OF : See SHERIFF, WBITS. 
 LEVY WARRANT : See REVENUE, EXCISE. 
 
 LIABILITIES 
 
 under warrants and orders of Superior Courts 
 at common law, 137 
 jurisdiction exceeded, 137 
 justification, 137, 139 
 
 pleading, 140 
 " officer ought not to examine judicial act of Court," 139
 
 INDEX. 273 
 
 LI ABIL ITIES continued. 
 
 under warrants and orders of Superior Courts continued. 
 performance accurate, 137 
 
 inaccurate, 137 
 process defective, 139 
 
 erroneous, 139 
 trespass ab initio, 137 
 warrant within jurisdiction, 138 
 within apparently, 138 
 without jurisdiction, 139 
 Sheriff- 
 
 acts of bailiff liable for, 140 
 evidence to connect, 140 
 admissions, 141 
 after expiration of office, 141 
 disclaimer, 141 
 handwriting, 141 
 indorsement on writ, 141 
 plea of " hot guilty," 141 
 privity, 141 
 production of copy precept, 141 
 
 warrant, 141 
 proof of authority, 141 
 
 warrant, 141 
 
 return of two sheriffs, 141 
 secondary evidence, 141 
 subsequent recognition by sheriff's officer of illegal execution, 
 
 141 
 
 swearing sheriff's officer, 142 
 evidence against officer, 142, 143 
 under-sheriff 
 
 no liability except, 
 criminal, 142 
 extortion, 142 
 where sheriff dies, 142 
 Bailiff- 
 assistant, ]43 
 bound, 142 
 
 criminal liability, 143 
 false return, 143 
 receipt of money, 143 
 special, 142 
 
 effect of appointment, 142 
 how constituted, 142 
 of liberty, 143 
 
 bailiff of franchise liable, 143 
 
 return of, 143 
 Crown or party, 143 
 process directed to bailiff generally void, 143 
 
 high bailiff, Westminster, 143 
 when sheriff to send to lord, 143 
 
 bailiff, 143 
 
 enters without a non-omittas clause, 143 
 writs for execution within franchise, 143 
 liability of, 143 
 
 no criminal liability of sheriff, 143 
 under warmnts and orders of superior Courts not at common law, of 
 
 inferior Courts and officers generally, 144 
 after adjudication, 144 
 jurisdiction. 144 
 
 onus of proof as to, 144 
 presumption as to, 144 
 
 T
 
 274 INDEX. 
 
 LIABILITIES continued. 
 
 after adjudication continued. 
 liability, 
 
 general rule as to, 144 
 special protection, 145, 146 
 
 constables, &c., under warrant, justice, 146 
 
 extends only to actions of tort, 146 
 
 good demand, what, 147 
 
 justice sued jointly with constable, 146 
 
 Queen's Bench warrants, 146 
 
 statute held to apply, 146 
 
 not to apply, 146 
 trespass, 
 
 aft initio, 145 
 
 process must be absolute nullity, 144 
 high bailiff, 145 
 duties, 145 
 liabilities, 145 
 constable, 
 
 Recovery of tenements, 146 
 officer proceeding under warrant, 145, 146, 147 
 where no adjudication, 147 
 
 Distinction between tiiese orders and those enumerated as " other orders " 
 as to liability, 147 
 
 jurisdiction apparent, when none in fact, 147 
 special protection, 147 
 under other orders, 
 
 principal and agent, 148 
 general agent, 148 
 particular, 148 
 
 effect of ratification, 148 
 
 evidence as to limit of authority, 148 
 
 liability of agent, 149 
 
 principal, 149 
 criminal liability, 149 
 under inherent powers, 
 personal liability, 150 
 joint wrong-doers, 150 
 omnia prassumuntur contra spoliatorem, 151 
 evidence, 151 
 damages, 151 
 
 not chargeable on public funds, 152 
 trespass, db initio, 152 
 penalties, 152 
 superannuation, 152 
 Breach of duty, 164 
 
 evidence, withholding, 168 
 Civil proceedings, 164 
 civil execution, 165 
 action for damages, 164 
 duty, 
 
 absolute, 164 
 common law, 164 
 public officer, 164 
 statutory, 164 
 admiralty marshal, 167 
 churchwardens, 168 
 constables, 168 
 customs, 168 
 High Bailiff, 168 
 
 summary remedy against defaulting, 168 
 highway surveyor, 168, 170
 
 INDEX. 275 
 
 LIABILITIES continued. 
 
 Civil proceedings continued. 
 High Bailiff continued. 
 
 minister, 168 
 Sheriff, 165 
 
 application to Court to be by motion, when, 195 
 action for false return, 166, 167 
 admissions, 167 
 after bankruptcy, 177 
 delaying sale, 165 
 execution, 165 
 statutory liability, 167 
 goods of third person, 192 
 improperly conducting sale, 165 
 interpleader, 166 
 liability of representative, 167 
 limit of liability, 165 
 neglect of duty, 165, 167 
 pleading must shew damage, 167 
 withdrawing from possession, 165 
 Return " nulla bona," 166 
 postmaster, 168 
 
 non-delivery letters, 168 
 Criminal Proceedings : 
 attachment, 169 
 
 against admiralty marshal, 169 
 high bailiff, 169 
 sheriff, 169 
 information, 169 
 
 against all other officers, 169 
 
 withholding evidence, 170 
 
 refusing admission of visitors to prisoner, 170 
 
 bail, 170 
 mandamus, 170 
 Excess of Power : 
 self-defence, 171 
 fabrication of evidence, 171 
 Civil Proceedings : 
 
 torts which are also crimes, 172 
 action to recover moneys improperly paid, 180 
 when it does not lie, 181 
 
 when money comes to officer's hands rule, 181 
 assault and battery, 172 
 mayhem, 174 
 when none, 173 
 procedure, 173 
 plea, 
 
 certificate of justices, 173 
 committed in dispersing meeting, 174 
 moll, manus imposuit, 174 
 son assault demesne, 174 
 limitation, 175 
 damages, 174 
 extortion, 175, 179 
 sheriff, 175 
 
 abusing process of Court, 178 
 
 bankruptcy, 177 
 
 compromise, 177 
 
 creditor becoming disentitled, 177 
 
 due on seizure, 177 
 
 excess, 177 
 
 execution set aside, 177 
 
 T 2
 
 276 INDEX. 
 
 LIABILITIES continued. 
 extortion continued. 
 sheriff continued. 
 
 keeping possession, 178 
 motion to refund and for attachment, 201 
 incidental costs, 178 
 fees, 175 
 under fi. fa., 176 
 poundage, 175 
 
 payment into exchequer, 178 
 
 Proceedings for contempt do not preclude action, 177 
 restrained from selling, 178 
 winding-tip, 178 
 Under Sheriff: 
 
 fees, 175 
 admiralty marshal, 179 
 
 fees, 179 
 officers' fees, 
 high bailiff, 179 
 fees, 179 
 
 action may be transferred, 180 
 poundage, 179 
 overseers, 180 
 fees, 180 
 penalty, 
 
 action for, 181 
 false imprisonment, 181 
 arrest, 182 
 
 after return-day of writ, 182 
 wrong person, 182 
 by constable, 182 
 gaoler, 183 
 sheriff, 182 
 generally, 183 
 procedure, 183 
 
 pleadings, 183 
 evidence, 184 
 damages, 185 
 jury, 185 
 limitation, 185 
 remedy by habeas corpus, 181 
 shadowing, 182 
 watching premises, 182 
 malicious prosecution, 185 
 
 distinguished from false imprisonment, 185 
 necessary ingredients, 186 
 malice, 186 
 probable cause, 186 
 
 prosecution determined in plaintiff's favour, 187 
 damage, 187 
 
 prosecution improperly instituted, 185 
 procedure, 187 
 pleading, 187 
 
 bad indictment, no answer, 181 
 damages, 188 
 
 evidence as to plaintiff's character, 187 
 jury, 188 
 limitation, 188 
 Public Nuisance, 188 
 damages, 188 
 limitation, 188 
 replevin, 194
 
 INDEX. 277 
 
 LIABILITIES continued. 
 Slander, 188 
 
 privileged communications, 190 
 
 criminating communication by public officer, 190 
 
 apology offered, 
 
 injunction, 190 
 procedure, 190 
 
 jury, 192 
 
 evidence, 191 
 
 Damages, 191 
 
 Costs, 191 
 
 limitation, 192 
 
 plea of justification, 190 
 repetition of, 189 
 Trespass to Personalty, 192 
 sheriff, 192 
 
 action maintainable by representative, 193 
 
 excessive seizure, 193 
 
 execution afterwards set aside against wrong person, 192, 193 
 
 goods, detention of, 191 
 forfeited, 194 
 privileged, 194 
 sale of, 194 
 
 landlord, 193 
 
 seizure after tender of debt, 192 
 
 sheriff selling goods lent on hire, 192 
 County Court, 194 
 water bailiff, 194 
 Surveyor of highways, 194 
 
 distress, 194 
 
 detention, 194 
 
 injunction, 195 
 Procedure, 195 
 
 damages, 196 
 
 evidence, 196 
 
 justification, 196 
 
 landlord, 196 
 
 limitation, 197 
 
 measure of damages, 197 
 
 removing goods before paying rent, 195 
 
 trespass ab initio, 196 
 
 wrongful seizure, 195 
 Trespass to Realty, 197 
 
 breaking and entering, 197 
 
 forcible entry not included, 198 
 
 injunction, 198 
 
 limitation, 200 
 
 trespass, ab initio, 197 
 
 County Court, 198 
 
 constables, 198 
 
 overseers, 198 
 
 highway surveyors, 198 
 Procedure, 199 
 
 damages, 200 
 
 evidence, 199 
 
 pleading, 199 
 
 sheriff remaining on premises to put purchaser of lease in posses- 
 sion, 197 
 
 Criminal Proceedings, 201 
 Attachment, 2U1 
 
 after expiration of office, 202 
 
 death of defendant, 201
 
 278 INDEX. 
 
 LIABILITIES continued. 
 
 Criminal proceedings continued, 
 Attachment continued. 
 
 service, 201 
 
 Sunday execution, 201 
 
 when available, 201 
 
 within reasonable time, 201 
 
 writ of predecessor, 202 
 Information, 202 
 
 misdemeanour, 202 
 
 advocate where not properly prosecutor, 202 
 
 refusing admission to open Court, 202 
 
 holding enquiry, 202 
 
 interrogation, 202 
 
 post office, 202 
 
 highway surveyors, 202 
 
 tax officer, 203 
 
 overseers, 203 
 
 workhouse officers, 203 
 
 asylum officers, 203 
 Assault and battery, 203 
 Common nuisance, 204 
 
 eaves-dropping, 20-i 
 Conspiracy, 204 
 
 what, 204 
 
 decoys of police, 206 
 extortion, 206 
 fabricating evidence, 171 
 false imprisonment, 207 
 inciting to commit offence, 207 
 
 power used not bond fide, 208 
 
 shadowing, 208 
 perjury, 208 
 
 fabrication, 209 
 trespass to realty, 209 
 
 forcible entry, 209 
 Damages generally, 151 
 
 limited to actual damage, 151 
 exemplary, 151 
 Local authority, 148 
 
 officers acting under, 149 
 Nemo bis vexari debet, 186 
 Omnia prsesumuntur contra spoliatorem, 151 
 personal, 150 
 principal and agent, 148 
 general agent, 148 
 particular agent, 148 
 protection, 153 
 prerogative, 153 
 
 Crown responsible, 153 
 damages, 153 
 when available, 153 
 statutory absolute, 153 
 Revenue officer, 153 
 
 where probable cause for seizure, 153 
 
 foreign enlistment, 154 
 
 ships liable to seizure, 154 
 
 stop carts and wagons, 153 
 explosives, 154 
 
 officer under Public Health, 154 
 wreck receiver, 154 
 statutory, ordinary, 154
 
 INDEX. 279 
 
 LIABILITIES continued. 
 
 statutory, ordinary continued. 
 available, when, 154 
 costs, 162 
 damages, 162 
 evidence, 161 
 
 act and special matter may be given, 161 
 leading characteristics, 154 
 limitation, 157 
 notice, 155 
 
 length of, 156 
 necessary when, 156 
 unnecessary when, 156 
 what it should contain, 156 
 pleading, 160 
 
 statute not necessary to recite, 160 
 tender of amends, 158 
 
 payment into Court, 158 
 venue, 159 
 verdict, 162 
 
 LIBEL 
 
 against Queen, 50 
 
 against administration of justice, 50 
 
 publishing, against person, 50 
 
 LICENCE, 
 
 gun, demand of : See REVENUE EXCISE. 
 
 officer may enter on lands or premises to demand, 106, 117 
 
 LICENSED PREMISES, 
 
 persons found during close hours on : See CONSTABLE ABREST. 
 See CONSTABLE METROPOLIS. 
 
 LIEN 
 
 of Crown under Excise laws, 11 
 seizure of goods subject to, 24 
 
 LIMITATION, 
 
 penalties can be recovered, 115, 120 
 
 period within which action against officer may be brought : See LIABI- 
 LITIES. 
 
 LIQUIDATION, 
 
 company in, not liable to attachment, sequestration, &c., 25 
 
 LOCAL ACTS, 
 
 liability under, 148 
 
 limitation, 158 
 
 power to seize wares, 62 
 
 LOCAL AUTHORITIES, 
 
 orders of : See BYE-LAWS. 
 
 LOCAL OFFICERS, 
 
 agents of local authority, 62 
 orders of justices to, 61 
 
 infectious disease, 61 
 
 detention in hospital, 61 
 metropolis : 
 
 infectious disease, 73 
 
 detention in hospital, 73 
 
 underground dwellings, 73 
 
 LODGER, 
 
 false declaration, 50
 
 280 INDEX. 
 
 LODGING-HOUSE, COMMON, 
 
 inspection of, 74 
 
 LOTTEEIES, 50 
 
 LUNATIC, 
 
 apprehension of : See OVERSEERS ; CONSTABLE ARREST ; CONSTABLE 
 
 WARRANT. 
 criminal, 50 
 offences against, 50 
 
 MACHINES, 
 
 malicious injury to, 89 
 
 MAGISTRATE, 
 
 military under direction of, 6 
 
 MAIMING CATTLE, 85 
 MAINTENANCE, 5,0 
 
 MALICIOUS INJURY TO PROPERTY : See CONSTABLE ARREST. 
 list of misdeanours for which arrest without warrant, 96 
 of felonies for which arrest without warrant, 83 
 
 MANDAMUS, 170 
 MAN 7 SLAUGHTER, 50 
 
 MARGARINE : See ADULTERATION ; REVENUE EXCISE. 
 samples for analyses, 66, 114 
 
 MARKETS AND FAIRS, 71 
 
 MARRIAGE, 
 
 minister refusing to perform, 131 
 
 MARRIED WOMAN, 
 
 no power to commit, for receiving separate estate, 35 
 
 MASTERS AND WORKMEN : See COUNCILS OF CONCILIATION. 
 
 MATS, 
 
 shaking or beating, 105 
 
 MA YEEM : See LIABILITIES, ASSAULT, &c. 
 
 MEDICAL PRACTITIONER, 
 
 false registration, 53 
 
 MERCHANDISE MARKS, 50 : See REVENUE CUSTOMS SEIZURE. 
 
 MERCHANT SHIPPING ACTS : See REVENUE CUSTOMS. 
 offences, 50 
 
 MERCHANT SHIPPING INSPECTORS, 
 
 Board ship. 124 
 
 enter premises, 124 
 
 false colours, 114 
 
 foreign enlistment, 125 
 
 inspection of life-saving apparatus, 124 
 
 of lights, 124 
 
 of explosives, 124 
 master to answer questions, 124 
 muster crew, 124 
 national character, 114 
 passenger ships, 114
 
 INDEX. 281 
 
 MERCHANT SHIPPING INSPECTORS^contfmted. 
 require attendance, 124 
 
 production of books, 124 
 
 of log-books, 124 
 list of persons on board, 124 
 ship subject to forfeiture, power to detain, 114 
 steamsbips, 114 
 survey, extent, of, 124 
 constables, 127 
 detaining officer, 
 
 sbip unsafe, survey of, 125 
 harbour masters, 
 
 directions as to ballast, 126 
 cargo, 126 
 dismantling, 126 
 entry and position, 126 
 unserviceable vessel, 126 
 entry and search for lights, 126 
 Merchant Shipping Act, when incorporated, 127 
 penalty for excess, 126 
 removal of vessels, 1 26 
 protection, 159 
 rate collectors, 
 
 account of shipment, 125 
 bill of lading, 125 
 certificate of registry, 125 
 dispute with master, 126 
 entry, 125 
 
 non-payment of rates, 126 
 appraisement, 126 
 demand, 126 
 distraint of goods, 126 
 
 other goods, 126 
 vessel, 126 
 
 dues to Her Majesty, 126 
 entry, 126 
 overplus, 126 
 sale, 126 
 receiver, 
 
 absence of, 
 
 what officers may exercise his powers, 125 
 arrest plunderers, 125 
 demand vehicles, 124 
 detain ship or wreck. 125 
 entry on land, 125 
 
 require master of ship near to aid, 124 
 sale, 41, 125 
 salvage, 125 
 summon assistance, 124 
 warrant of justice, 58 
 surveyor, 
 
 board and inspect, 124 
 
 METHYLATED SPIRITS, 
 
 entry on premises of methylator : See REVENUE, EXCISE. 
 examination of stock only in daytime, 118 
 
 MILESTONES DAMAGING : See SURVEYOR HIGHWAYS ARREST. 
 MILITARY, EMPLOYMENT OF, 6, 80 
 MILK, ADULTERATION OF, 66
 
 282 INDEX. 
 
 MINES INSPECTORS, 
 powers, 123 
 
 MINISTER, 
 bells, 130 
 burial duty as to, 130 
 
 refusing right of, where district becomes a separate parish, 130 
 dangerous vaults or burying-places, 46 
 keys, 130 
 
 inscriptions on tombstones, 131 
 marriage, no duty as to, 131 
 monuments, 130 
 organ, 130 
 
 warrant of coroner, 46 
 Order of Privy Council, 46 
 
 Secretary of State, 47 
 
 MINT, conveying bullion or tools out of, 50 
 
 MISDEMEANANT, FIRST-CLASS, 13, 111 
 
 person acting as solicitor, though not duly qualified, not entitled to be 
 treated as, 13 
 
 MISDEMEANOURS, 
 
 list of, for which arrest without warrant, 76 
 
 MONUMENTS, 
 
 consent of incumbent or rector in churches necessary to their erection, 
 130 
 
 MUNICIPAL CORPORATION, 
 
 appropriating money of, 50 
 
 MURDER OR ATTEMPT, 50 
 MUSEUMS AND GYMNASIUMS, 71 
 MUSIC AND DANCING, 50 
 MUTINY, 50 
 
 NE EXEAT REGNO, writ of: See SHERIFF (WRITS). 
 
 NEGOTIABLE INSTRUMENTS, 
 
 not arrived at maturity not leviable under writ extent, 11 
 
 NOCUMENTO AMOVENDO: See SHERIFF (WRITS). 
 writ of, 12 
 
 NEMO SIS VEXAEI DEBET, 186 
 
 NON EST INVENTUS, 
 
 return of, 8 
 
 NOTICE, 
 
 necessary to defeat title of bond fide purchaser, 24 
 of action against officer : See LIABILITIES. 
 
 where necessary, 155 
 
 where unnecessary, 155 
 of writ of execution or attachment, 20, 165, 169 
 
 NUISANCE, 
 
 abatement of, 69 
 
 alleged. Order to examine premises, 58 
 
 on highway, 50
 
 INDEX. 283 
 
 NUISANCE INSPECTOR, 
 
 Order of justice, 58 
 
 OATHS, 
 
 taking unlawful, 50 
 
 OBSCENE BOOKS, 52 
 
 OBSTRUCTING THOROUGHFARE ANIMALS, 134 
 
 OFFENCES, INDICTABLE, 48 
 inciting to commit, 207 
 not yet committed : See WARRANTS AND ORDKRS. 
 
 OFFICE, buying or selling, 50 
 
 OFFICERS ATTENDING COURTS, 
 to preserve decorum, 75 
 cases of indecency, 75 
 
 OLD METALS, DEALERS IN, 
 
 power to visit places of business, 59 
 
 OXNIA PRJESUMUNTUR, 
 contra spoliatorem, 151, 168 
 rite esse acta, 32 
 
 OMNIS RATIHABITIO RETROTRAHITUR, 153 
 
 OPEN AIR MEETING, 
 
 within mile of Westminster Hall : See CONST. ARREST. 
 
 ORDERS OF DEPARTMENTS : See BYE-LAWS. 
 
 ORGAN, 
 
 playing, 130 
 
 OVERSEERS, 
 
 arrest of lunatic, 132 
 paupers, 132 
 
 removal, 44 
 
 search of, 132 
 warrants and orders, 43 
 distress, 
 
 bankruptcy, 44 
 
 bill of sale effect of, 44 
 
 company in liquidation, 44 
 
 cost of levy, 44 
 
 excessive charges, 44 
 
 levy, 44 
 
 in another county, 44 
 
 notice of appeal does not preveut, 44 
 
 previous demand, 44 
 local collectors, 43 
 paid assistant, 43 
 poor-rate, 
 
 appeal against, 44 
 protection, 159 
 warrant of coroner, 46 
 .Order of Privy Council, 46 
 
 Secretary of State, 47 
 justices lunatics, 61
 
 284 INDEX. 
 
 PAKDON : See GAOLER. 
 
 PAEK-KEEPEE (METEOP.), 
 powers, 102 
 
 PAEKS EEGULATIONS (METROP.), 101 
 
 PAELIAMENT, 
 
 prisoner under Speaker's warrant entitled to discharge on prorogation 
 of, 13 
 
 PAETNEBS, 
 
 judgment against, 20 
 
 PAWNBBOKEES' PLEDGES, 
 
 may be taken under writ of fi. fa., 21 
 
 PEACE, 
 
 breach of Justices not sitting may verbally commit, 59 
 
 arrest without warrant, 80 
 
 commitment in default of finding sureties for, 40 
 disturbing justices, 75 
 
 PEDLAB, 97 
 
 refusing to produce certificate : See CONSTABLE ARREST. 
 
 PENAL SEEVITUDE, 
 
 at large during term of, 50 
 
 PENALTY, 
 
 action for, 181 
 
 for excessive charges or exaction in effecting sale under distress warrant, 
 38, 180 
 
 PEE JUBY, 50, 208 
 
 PEEMIT, 
 
 manufacturer of tobacco must shew : See EEVENUE EXCISE. 
 persons removing spirits to produce 
 
 PEESON UNKNOWN : See WARRANTS & ORDERS. 
 CONSTABLES ARREST. 
 HIGHWAY SURVEYORS. 
 
 PEESONATION, 50 
 PETITION OF EIGHT, 153 
 
 PETBOLEUM, 
 
 hawking, 93 
 
 officer may take samples for testing, 67 
 
 regulations as to conveying, 93 
 
 PETTY SESSIONS, 
 disturbing, 75 
 
 PHABMACY, 
 
 false registration, 50 
 
 PIGS, 
 
 near any street so as to be nuisance, 70 
 
 PILES, CUTTING, 51 
 PIBACY, 51 
 
 PITS, 
 
 not sufficiently fenced, 133
 
 INDEX. 285 
 
 PLEADING : See LIABILITIES ; PROTECTION. 
 
 benefit of writ or warrant in justification may be foregone where officer 
 
 pleads jointly with another, 160 
 general issue, 160 
 in actions under statute, 160 
 
 POLICE : See CONSTABLES. 
 
 POLICY OF ASSURANCE, 
 
 may be taken under writ fi. fa., 21 
 
 POOE, 
 
 false evidence to Assessment Committee, 50 
 
 injuring rate-book, 50 
 
 officer promoting marriage of mother of bastard, 50 
 
 POSSE COMITATUS, 
 who may raise, 6, 17 
 
 POSSESSION, WRIT OF : See SHERIFF^WRITS. 
 POST OFFICE, 51. See REVENUE. 
 POUND BREACH, 51 
 
 PREMISES, 
 entry, 117 
 
 brewing, 117 
 
 other than for sale, 117 
 
 distiller, 117 
 
 licensing, 106 
 
 methylator's, 118 
 
 old metals, dealer in, 59 
 
 spirit dealer, 118 
 
 slaughter houses, 106 
 
 threshing machines, 106 
 
 tobacco, 118 
 
 wine retailer, 118 
 
 noxious trade power to enter, 69, 72 
 occupied by convicted persons may be searched, 53 
 order to examine case of alleged nuisance, 59 
 
 PREROGATIVE : See LIABILITIES PROTECTION. 
 
 PRISON, 
 
 breach of, 90 
 rescue, 51 
 
 PRISONERS, 
 
 assize, 13 
 
 insane, 40 
 
 of war, aiding to escape, 90 
 
 removal to another prison, 111 
 
 to another part of prison, 62, 64 
 rules as to : See GAOLER. 
 
 PRIVILEGE, 
 
 from arrest, 7, 16 
 
 ambassador, 7, 16 
 clergyman, 7, 16 
 
 PRIZE-FIGHTS, 51, 78 
 
 PRODUCE IN COURT, ORDER TO : See GAOLER. 
 
 PROHIBITION, 
 
 of landing diseased cattle, 69
 
 286 INDEX. 
 
 PKOSECUTION, 
 
 limitation, 77, 91,115, 120 
 
 PROSTITUTE SOLICITING : -See CONSTABLE, ARREST. 
 PROTECTION : See LIABILITIES PROTECTION. 
 PRUNING HEDGES : See SURVEYOR, HIGHWAYS. 
 
 PUBLIC ENTERTAINMENT : See CONSTABLE, ARREST. 
 in street, 100, 104 
 
 PUBLIC HEALTH, 
 
 bakehouses, 71 
 
 baths and wash-houses, 71 
 
 dairies, 70 
 
 food, inspection of, 70 
 horse-flesh, 71 
 seizure of unwholesome, 70, 74 
 
 lodging-houses, 74 
 
 markets and fairs, 71 
 
 museums and gymnasiums, 71 
 
 nuisances, 69 
 
 parks, 71 
 
 prevention of disease epidemic, 69, 70 
 
 Public Health Amendment, 70 
 
 removal of infected persons, 68, 73 
 
 slaughter-houses, 71 
 
 tents and vans, 71 
 
 tolls, distress for, 71 
 
 weighing goods, 71 
 
 working classes, 70 
 
 workshops, 72 
 Liability of officer, 148 
 
 protection, 153 
 Orders of local authority, 69 
 
 compensation to owner, 69 
 
 dangerous buildings, 69 
 
 diseased cattle, 69 
 
 drains, 68 
 
 factories, 69 
 
 filth, 68 
 
 gas and water, 68 
 
 houses, 68, 69 
 
 infection, 68 
 
 meat, unsound, 69 
 
 nuisances, 69 
 
 streets, 68 
 
 water-mains, 68 
 
 wells, 69 
 METROPOLIS : 
 
 Powers of vestry, 74 
 
 common lodging-houses, 74 
 
 fires, 74 
 
 infectious disease, 73 
 
 epidemics, 73 
 
 tents and vans, 74 
 
 underground rooms, 74 
 
 inspection of premises, 72 
 
 drains, 74 
 
 entry, 72 
 
 manure, 72 
 
 nuisance, 72 
 
 opening of ground, 73, 74
 
 INDEX. 287 
 
 PUBLIC HEALTH continued. 
 
 METROPOLIS continued. 
 order of justice, 73 
 orders of local authority, 72 
 ditches, 73 
 food, 74 
 
 PUECHASEE, 
 
 bond fide without notice, 23, 24 
 
 writ of execution or attachment does not prejudice, 23 
 plaintiff in sale under vendee by sheriff may be . . . ., 27 
 title to goods of, 24 
 
 QUAETEE SESSIONS, 
 calendar, 37 
 power to commit by, 36 
 warrant bench, 48 
 
 QUEEN'S MESSENGEES, 
 
 warrant of Secretary of State, 46 
 
 QUEEN, FIEING AT, 51 
 
 EAILWAY, 
 
 insuring, with intent to obstruct, 90 
 offences, 51 
 
 EAILWAY COMPANY, 
 
 rolling-stock not liable to execution, 25 
 
 EAILWAY INSPECTOES, 
 
 powers, 127 
 
 EAPE, 51 
 
 EATES, 
 
 appeal against, sum assessed may notwithstanding be levied, 44 
 commitment for non-payment of, 43 
 
 EEAL ESTATE, 
 
 false statement as to title, 51 
 
 SEASONABLE SUSPICION, 
 
 what, 82 
 
 EECEIVING OEDEE, 
 
 duty of sheriff before sale of goods, having notice of, 26 
 
 EECEIVING STOLEN PEOPEETY, 51 
 
 EECOGNIZANCES, 
 
 not entering into, 37 
 recovery of, 35, 110 
 
 EECOVEEY OF TENEMENTS, 43 
 
 EEFOEMATOEY SCHOOL, 51 : See CONSTABLE ; ARREST. 
 removal of prisoners to, 40 
 
 EEFUSE THEOWING : See CONSTABLE ; ARREST (METROP.). 
 into Thames, 102 
 
 EEGISTEAE, 
 
 wilful insult to, 36 : See also HIGH BAILIFF.
 
 288 INDEX. 
 
 REGISTRAR-GENERAL OF SEAMEN, 
 power under Merchant Shipping Act, 124 
 
 REGISTRATION OF MARRIAGE, 
 
 false declaration, 51 
 
 REGULATIONS OF DEPARTMENTS : See BYE-LAWS. 
 REGULATIONS AS TO TRAFFIC : See CONSTABLE ARREST (METROP.). 
 RELATIVE DUTIES, 5 
 RELEASE, ORDER OF : See GAOLERS. 
 
 RELIEVING OFFICER : See OVERSEERS. 
 powers, 132 
 
 RELIGIOUS HOUSES, 46 
 
 REMAINDER, 
 
 not seizable under writ of elegit, 19 
 
 REMAND WARRANT : See CONSTABLE'S WARRANTS. 
 REMEDIES, 153 
 
 RENT, 
 
 in arrear, 
 
 yearly tenancy, 
 
 goods and chattels not liable to other process till one year 
 
 paid, 25 
 weekly tenancy, 
 
 goods and chattels not liable to other process till four weeks 
 
 paid, 25 
 term any other less than a year, 
 
 goods and chattels not liable to other process till two terms 
 paid, 25 
 
 RESCUE, 57 
 felony, 90 
 misdemeanour, 100 
 
 RESCUE OF GOODS, 
 
 powers of bailiff to arrest for, 40 
 
 RESISTANCE, 
 
 to officer attempting to force his way in house in execution of writ, 15 
 
 process, 6 
 
 generally, 76, 120, 171 
 
 REVENUE OFFICERS, 
 
 Customs, 
 
 inherent powers, 
 arrest, 46 
 
 assaulting officers, 116 
 
 found with contraband goods, 116 
 
 infected ships, 116 
 
 receiving forfeited goods or offenders, 116 
 
 signal to smugglers, 116 
 
 subsequent, 116 
 board ship, 113 
 break open, 113 
 
 packages or boxes, 113 
 
 contents unknown, 1 13 
 
 goods for shipment, 113 
 salmon parcels, 113 
 charges, 115 
 clearance withhold, 116
 
 INDEX. 289 
 
 REVENUE OFFICERS -continued, 
 Customs continued. 
 
 inherent powers continued. 
 demand documents, 113 
 detention of goods, 114 
 disputed rates, 116 
 dues, 115 
 
 duties, list of goods liable to, 114 
 entry, 113 
 
 lands, 113 
 expenses watching, &c., ship, 115 
 
 after fourteen days, 115 
 examination, 113 
 
 carts, &c., 114 
 excise powers, 116 
 fasten down hatchway, 113 
 fire on ship, 116 
 goods, conveyances, &c., forfeited, 115 
 
 importation prohibited or restricted, 114 
 
 sold, 11G 
 limitation, 115 
 
 merchant shipping powers, 124 
 offences, 115 
 sale, 116 
 Sea Fisheries Act, 116 
 
 arrest offender, 117 
 
 board, 117 
 
 demand documents, 117 
 
 examine tackle, 117 
 
 lights, 117 
 
 make inquiry, 117 
 
 muster crew, 1 17 
 
 seize destructive instruments, 117 
 seals, 117 
 search, 113 
 
 commissioned ships, 113 
 
 persons, 113 
 securing goods, 116 
 
 Queen's warehouse, 116 
 seizure, 114 
 
 aliens, 115 
 
 for harbour dues, 116 
 
 merchandize marks, 114 
 
 power must be exercised strictly, 114 
 take samples, 114 
 
 margarine, 114 
 
 tea, 114 
 
 warrants and orders, 
 arrest, 55 
 
 detention of ship, 56 
 entry, 55 
 
 lands, 55 
 
 premises, 55 
 Sea Fisheries Act, 56 
 search, 55 
 
 foreign enlistment, 5(5 
 
 houses, 56 
 
 writ of assistance, 55 
 Excise 
 
 Inherent powers, 
 arrest, 119 
 
 cards, hawking, 119
 
 290 JXDKX. 
 
 REVENUE OFFICERS continued. 
 Excise continued. 
 
 Inherent powers continued. 
 arrest contin ued. 
 
 gun, carrying, 119 
 making out false accounts, 120 
 obstructing officers, 120 
 persons on unlicensed premises, 119 
 removing fraudulently goods, 
 liable to duty, 120 
 malt, 120 
 spirits, 120 
 selling spirits, 120 
 
 .tobacco, 120 
 subsequent, 120 
 breaking, 119 
 
 brewer's premises, 119 
 
 adjoining premises, 119 
 distillery, 119 
 customs, powers, 120 
 demand gun licence, 117 
 distiller to draw off warm tub, 120 
 
 supply ladders, &c., 120 
 entry, 117 
 
 brewery, 117 
 
 adjoining premises, 117 
 brewing premises other than for sale, 117 
 distillery, 117 
 lands, 117 
 
 methylator's premises, IIS 
 spirit-dealer, 118 
 tobacco, 118 
 wine retailer, 118 
 examination, 118 
 brewing, 118 
 distillery, 118 
 rnethylator, 118 
 spirit retailer, 118 
 spirits in transit, 118 
 tobacco, 118 
 wine retailer, 118 
 force to force, 120 
 gun-licence demand, 117 
 goods list of, liable to duty, 119 
 ladders, &c., 120 
 limitations, 120 
 offences, list of, 120 
 production of permit, 120 
 spirits, 1^0 
 tobacco, 12K 
 samples, 118 
 beer, 118 
 margarine, 118 
 payment for, 119 
 spirits, 119 
 search, 119 
 
 brewery, 119 
 distillery, 119 
 wine retailer, 119 
 seizure, 119 
 
 deposit of goods, 119 
 spirits, 119
 
 INDEX. 291 
 
 I! K VENUE OFFICERS continued. 
 Excise continued. 
 
 seizure continued . 
 
 unlawful of goods as forfeited, 119 
 worm-tub, 120 
 Warrants and Orders, 
 Levy, 38 
 
 How executed, 38 
 sale, 38 
 
 within what time, 38 
 overplus to owner, 38 
 warrant to be shewn, 38 
 
 demand a condition precedent to action for illegal detention, 39 
 commitment, 39 
 arrest, 56 
 search, 56 
 distraint, 56 
 Post Office, 
 
 detention and opening letters, 121 
 duty of postmaster, 121 
 non-delivery of letters, 121 
 obstructing business, 121 
 offences, 51 
 
 removal of offenders, 121 
 Wai-rants and Orders, 
 
 detention and opening letters, 46 
 
 separate warrant for every case, 46 
 liability, 150 
 
 notice of action, 157 
 protection, 157 
 Taxes. 
 
 bankruptcy collector entitled to preferential payment, 121 
 constable introduction of, 121 
 distraint, 120 
 charges, 120 
 demand, 121 
 
 goods of third person, 121 
 priority, 121 
 
 reasonable time to elapse, 121 
 sum must be actually due, 121 
 Warrants and Orders, 
 
 warrant of commissioners, 40 
 of committal of defaulter, 40 
 of distress, 39 
 
 appeal, neglect to, 39 
 
 appraisement, 39 
 
 bill of sale effect of, 39 
 
 breaking doors, 39 
 
 charges, 39 
 
 for several distresses one warrant, 39 
 
 how executed, 39 
 
 in foreign jurisdiction, 39 
 
 no seizure but by landlord valid against collector, 39 
 overplus, 39 
 sale, 39 
 
 to be kept five days, 39 
 Linbility, 150 
 
 protection, 157 
 damages, 151 
 evidence, 151 
 personal, 150 
 protection, 153 
 
 u 2
 
 292 INDEX. 
 
 REVENUE OFFICERS continued. 
 Liability continued 
 
 protection continued. 
 absolute, 153 
 limitation, 157 
 notice, 155 
 
 REVERSION, 
 
 not seizable under writ of elegit, 19 
 
 RIDING, FURIOUS : See CONST. ARREST. 
 on shafts : See CONST. ARREST. 
 ou footway : See CONST. ARREST. 
 
 RINGING BELLS : See CONST. ARREST. 
 
 RIOT, 51 : See MINISTER. 
 
 verbal orders of justice in, 48 
 
 RIVER OR SEA BANKS, 
 
 interfering with, 90 
 
 ROBBERY, 51 
 
 by person armed, 90 
 by two or more, 90 
 
 ROUT : See CONST. ARREST. 
 
 RUBBISH THROWN FROM ROOF, 105 
 
 SACRILEGE, 51 
 
 SALE, 
 
 by receiver of ship or wreck : See MERCHANT SHIP INSP. 
 
 custody of goods until, 27, 30, 38, 39, 42, 116 
 
 duty of sheriff having notice of receiving order prior to, 26 
 
 Payment to sheriff before a bar to further execution, 28 
 
 period to elapse after seizure, 27, 37, 38, 39, 42 
 
 To defeat expected execution not necessarily fraudulent, 23 
 
 under distress warrant excessive charges, 38 
 
 under execution exceeding 20 must be by public auction, 28 
 
 under levy warrant, 38 
 
 by Customs officer, 116 
 
 SALMON, 
 
 illegally taken warrant to seize : See WATER BAILIFFS. 
 
 SALVAGE, 
 
 appraisement to be made before release of cargo by high bailiff, 41 
 personal luggage of passengers and clothes of seamen exempt, from 
 
 arrest, 30 
 when due duty of receiver : See MERCHANT SHIP INSPEC. 
 
 SAMPLES, 
 
 Adulteration Act, 65 
 
 division of article, 65 
 
 food or drugs for analysis, 65 
 
 margarine, 65, 114 
 
 milk, 66 
 
 notification, 65, 66 
 
 where to be procured, 65 
 beer or worts, 118 
 explosives, 53 
 spirits, 119 
 payment for as to, 119
 
 INDEX.. 293 
 
 SAVINGS BANKS, 51 
 
 SEA BANKS, 
 
 interfering with, 51 
 
 SEA FISHERIES ACT, 
 
 power of Customs officers : See CUSTOMS. 
 seal fishing : See CUSTOMS. 
 
 SEAMEN, 
 
 preventing loading of ship, 51 : See CONSTABLE. 
 
 SEARCH : See REVENUE. 
 
 SEARCH WARRANT: See CONSTABLES ; WABBANTS. 
 
 SEIZURE : See CONSTABLES ; REVENUE. 
 
 SERGEANT-AT-ARMS LORDS, 
 
 black rod, order where to, 7 
 
 fees appear to have been abolished, 8 
 
 powers under order of the House, 7 
 
 warrant of the Chancellor, 8 
 verbal orders, 8 
 ward of Court, order for, 8 
 
 S ERGEANT-AT- ARMS COMMONS, 
 
 fees, 8 
 
 House of Commons not strictly a superior Court, 8 
 
 powers under warrant of the Speaker, 8 
 
 Inherent, 75 
 verbal orders, 8 
 
 SEPARATE ESTATE, 
 
 anticipation of which married woman restrained from power to commit 
 for receiving, 35 
 
 SHERIFF, 
 
 writs, 
 
 assistance, 8 
 
 duty of sheriff', 8 
 
 feus, 9 
 
 form of, 8 
 
 when issued, 8 
 attachment, 9 
 
 breaking doors, 9 
 
 endorsement necessary, 9 
 
 duty of sheriff', 9 
 
 fees, 9 
 
 no poundage, 9 
 
 when issued, 9 
 bench warrant, 9 
 
 when issued, 9 
 capias ad resp., 9 
 
 when issued, 9 
 c.tpias utlagatum, 9 
 
 when issued, 9 
 eontumace capiendo, 10 
 
 form of, 10 
 
 to be produced in Court, 10 
 
 when issued, 10 
 delivery, 17 
 
 effect of judgment, 17 
 
 fees, 17 
 
 when issued, 17
 
 294 INDEX. 
 
 SHERIFF continued. 
 writs continued, 
 distringaf, 28 
 
 when issued, 28 
 elegit, 18 
 
 execution invalid, 18 
 fees, 175 
 
 inquisition to be held, 18 
 no sale, 19 
 poundage, 19 
 return to writ, 19 
 what may be taken, 18 
 lands, 18 
 
 estates held from Crown. IS 
 generally, 18 
 in trust, 18 
 mansion, 18 
 public, 18 
 
 subject to appointment, 1^ 
 wife's, 18 
 
 no interest for subsequent writ, l!> 
 what may not be taken, 18 
 lauds, 18 
 
 ecclesiastical, 19 
 equity of redemption, IS 
 what may not be taken, 18 
 lands, 18 
 
 mortgaged, 18 
 remainder, 1!) 
 rent, 19 
 reversion, 19 
 sold, 18 
 trust, 19 
 when issued, 18 
 exigent, 10 
 
 when issued, 10 
 extent, 10 
 
 appraisement, 11 
 execution valid, 10 
 
 invalid, 10 
 fees, 175 
 
 imprisonment fur debt, 10 
 no poundage, 11 
 priority, 11 
 
 what may 1*- taken, 10 
 debts, 10 
 
 goods and chattels, 10 
 of partners, 1 1 
 
 conveyed away fraudulently. 10 
 term of yeans as goods or as lands, 10 
 l;i nds, 10 
 
 equity of redemption, 10 
 equitable mortgage by deposit, Hi 
 freehold, 10 
 trust, 10 
 
 what may not be taken, 10 
 goods, 11 
 
 assigned to creditors, 11 
 
 pawned or pledged, 11 
 
 subject to lien, 11 
 
 v. -ted in trustee for bankrupt, 11 - 
 
 negotiable instrument not at maturity, 1 1
 
 INDEX. 
 
 SHERIFF continued. 
 writs continued. 
 
 extent continued. 
 
 what may not be taken continued. 
 lands, 11 
 
 copyhold, 11 
 
 judgment obtained against, 11 
 mortgaged, 11 
 sold, 11 
 
 when issued, 19 
 j'uri facias, 10 
 
 death of debtor, 20 
 
 creditor, 20 
 duty of sheriff, 20 
 
 enquire in bond fides of claim for rent, 26 
 execution aaainst partners, 20 
 
 can sell only debtor's right, 20 
 cannot sell book debts or goodwill, 20 
 further levy, 21 
 
 payment of debt or tender, effect of, 20 
 seizure, 
 
 man to be in possession till sale, 20 
 of part, 20 
 
 of third person's goods, 23 
 ecclesiastical, 19 
 partners, 20 
 
 priority, where several writs, 19 
 property in defendant until execution, 20 
 what may be taken, 21 
 goods and chattels, 21 
 
 corn, &c., which yield annual profit, 21 
 fixtures, 21 
 
 removable by tenant during term, what, 21 
 lease, 21 
 money, '^1 
 
 not capable of delivery, 21 
 salt able, 21 
 ship, 21 
 
 seizure before sale apparently not necessary, 21 
 trrm of years, 21 
 what may not be taken, 23 
 
 crops produced without labour, 23 
 effects < f company in liquidation, 2.1 
 farm stall's, 23 
 tixtuiv.-. -'.' 
 
 landlord's, what, 23 
 tenant's, renounced, &<\, 21 
 mortgaged, 21 
 
 removable under Agricultural Holdings Act, 
 23, 26 
 
 goods, 
 
 ambassador"-, 7 
 assigned previously. 
 
 sheriff may withdraw, 23 
 deposited a# security, 24 
 c eclcsiastical, 19 
 in custody of law, 24 
 in hands of executi>. 2~> 
 
 trustee <n- auvnt (money). 21 
 
 -heriff (money), 24
 
 INDEX. 
 
 SHERIFF continued. 
 writs continued. 
 
 fieri facias continued. 
 
 what may not be taken continued. 
 goods continued. 
 lent, 24 
 necessaries, 23 
 not defendants, 23 
 of wife, 25 
 sold, 24 
 
 subject to lien, 24 
 bill of sale, 23 
 
 to be registered, 23 
 rent in arrear, 25 
 
 term of rental, 26 
 
 return of sheriff, 26 
 sheriff must withdraw, 26 
 sale consented to by landlord, 26 
 taxes in arrear, 25 
 rolling stock of railway company, 25 
 tools, bedding, &c., to 5, 23 
 when issued, 19 
 
 writ to agree with judgment, 20 
 levari facias, 11 
 
 when issued, 11 
 ne exeat regno, 12 
 fees, 12 
 
 when issued, 12 
 nocumento amovendo, 12 
 
 when issued, 12 
 possession, 28 
 
 breaking doors, 28 
 
 duty of sheriff, 29 
 
 fees, 29 
 
 indemnity usually given by lessor of plaintiff, 29 
 
 part-delivery of, 29 
 
 persons to be removed, 29 
 
 left on premises must attorn to plaintiff, 29 
 plaintiff recovering only undivided portion, 29 
 
 must point out precise lands, 29 
 poundage, 29 
 when employed, 28 
 recovery of fines, escheats, &c., 35 
 when issued, 35 
 
 offender out of jurisdiction, 35 
 tupersedeas, 29 
 
 when issued, 29 
 venditioni exponas, 26 
 
 assignment of term, 28 
 bankruptcy supervening, 26 
 belore return of ven. ex., 26 
 farm stuffs, 28 
 fees and poundage, 28 
 lease and fixtures, 27 
 must be sold, when, 27 
 must hold proceeds for 14 days, 27 
 must not sell for much below real value, '21 
 payment before sale, 28 
 plaintiff may be purchaser, 27 
 public auction, 28 
 
 receiving order within H days only writs J'or ]ct-s tluin 
 entitled to be paid, 27
 
 INDEX. 297 
 
 SHERIFF continued. 
 writ continued. 
 
 venditioni exponas continued. 
 return of sheriff, 27 
 safe custody, 27 
 sale by sheriff indefeasible, 27 
 must be for ready money, 27 
 stopped when enough realized, 27 
 within reasonable time, 27 
 liabilities, 
 
 under warrants and orders of superior Courts at Common Law, 
 justification, 139 
 liability for bailiff, 
 
 form of warrant immaterial, 140 
 position, 
 
 employs agent, 140 
 evidence to connect sheriff, 140 
 after expiration of office, 141 
 disclaimer, 141 
 evidence against officer, 143 
 handwriting, 141 
 indorsement on writ, 141 
 plea of " Not guilty," 141 
 privity must be established, 141 
 production of copy-precept, 141 
 warrant, 141 
 writ, 141 
 
 proof of warrant, 141 
 recognition subsequent by officer, 141 
 return of two sheriffs, 141 
 secondary evidence, 
 
 recital of writ on warrant, 141 
 swearing sheriffs' officer, 142 
 Breach of duty, 
 
 civil proceedings, 164 
 
 action for false return, 166 
 admissions, 167 
 delaying execution, 165 
 duties, statutory, 167 
 limit of liability, 143 
 interpleader, 166 
 measure of damages, 167 
 neglect of duty, 165 
 to seize, 165 
 
 pleading must shew damage, 167 
 return of nutta bona, 166 
 sale, 165 
 
 after bankruptcy, 165 
 delaying, 165 
 goods of third person, 165 
 improperly conducting, 165 
 withdrawing from possession, 165 
 criminal proceedings, 169 
 
 attachment, 169 
 Excess of Power, 
 
 civil proceedings, 172 
 extortion, 175 
 
 arrangement betwcn parties, 177 
 excessive payment, 177 
 execution set aside, 177 
 fees allowed, 175 
 
 by whom payable, 177
 
 298 INDEX. 
 
 SHERI FF continued. 
 writ continued. 
 
 Excess of Power continued. 
 
 civil proceedings continued. 
 extortion continued. 
 incidental costs, 178 
 keeping possession, 178 
 motion to refund, and for attachment, 166 
 poundage, when due, 177 
 proceedings for contempt, 177 
 restrained from selling, 177 
 tender before seizure, 177 
 where bankruptcy supervenes, 177 
 windiug-up supervenes, 178 
 where creditor disentitled, 178 
 abusing process of Court, 178 
 false imprisonment, 182 
 
 arrest after return day of writ, 182 
 
 of wrong person, 182 
 trespass to personalty, 192 
 
 action maintainable by representative, li!7 
 excessive seizure, 193 
 
 sale, 193 
 execution against wrong person, 192 
 
 goods lent on hire, 192 
 execution set aside, 192 
 procedure, 195 
 evidence, 196 
 landlord, 193 
 limitation, 157 
 measure of damages, 196 
 removing goods before paying rent, 193 
 special damage, 196 
 wrongful seizure, 193 
 seizure after tender of debt, 192 
 trespass to realty, 197 
 
 breaking and entering, 197 
 
 limitation, 157 
 
 measure of damages, 200 
 
 remaining on premises to put purchaser of lease in 
 
 possession, 197 
 trespass ab initio, 200 
 criminal proceedings, 201 
 attachment, 201 
 
 available, when, 201 
 after expiration of office, 202 
 death of defendant, 20 1 
 reasonable time, motion for within, 201 
 service, 201 
 set aside, 201 
 Sunday execution, 201 
 writ of predecessor, 202 
 extortion, 206 
 
 false imprisonment, 182, 207 
 powers and duties, 
 
 duty of incoming, 17 
 outgoing, 17 
 tutoring liberty, 17 
 fiow ruitiiftitii* may raise, 6, 17 
 receipt for writ, 17
 
 JXDEX. 299 
 
 SHERIFF cunt hiiixl 
 
 powers and duties continued. 
 return to writ, 17 
 limit as to, 17 
 not within given time, 17 
 notice as to, 17 
 juries, 76 
 bailiff, 
 
 bound, 142 
 
 assistant, 143 
 
 liability for, 143 
 evidence against, 143 
 
 of warrant, 143 
 fees, 175 
 liable for extortion, 143 
 
 false return, 143 
 process directed to, 142 
 receipt of money by, 143 
 of liberty, 143 
 
 mandate made out sheriff not liable, 143 
 
 process must in first instance be directed to sheriff, 143 
 
 exception to this, 143 
 special, 142 
 
 effect of appointment, 142 
 how constituted, 142 
 Under-sheriff : 
 
 death of sheriff, 142 
 
 duties, 142 
 
 fees, 175 
 
 liabilities, 142 
 
 may raise posse comitatus, 6 
 
 SHIP, 
 
 Customs officer boarding, 113 
 damage to : See REVENUE MERCHANT SHIP. 
 distraint of for non-payment rates, 126 
 directions of harbour-master, 126 
 false colours, 114 
 tiring on, 116 
 
 high bailiff if requiied to execute bill of sale to purchaser of, 42 
 inspection of lights, 124 
 signals, 124 
 
 inventory before sale, 42 
 infected, 114 
 loss of, 125 
 
 master to deliver name of consignee or copy of bill of lading to collector, 
 125 
 
 give notice of unshipment to collector, 125 
 produce certificate of registry to collector, 125 
 declare to customs officers nation to which ship belongs, 114 
 passenger ship, rules as to, 114 
 power to board and inspect : See MERCHANT SHIP INSPECTOR. 
 
 seize and detain : See MERCHANT SHIP INSPECTOR. 
 Queen's, not liable to arrest, 30 
 receiver, duty of, 
 
 when stranded within limits of United Kingdom, 124 
 when salvage due, 125 
 sale by, 125 
 
 skipper to give statement of accounts to collector, 125 
 steamship, rules as to, 114 
 under writ ofji.j'n., sale of. 21 
 under warrant, Admiralty Marshal,
 
 300 INDEX. 
 
 SHIP continued, 
 
 under warrant, Admiralty Marshal continued. 
 
 service how effected, 30 
 unsafe, detention of, 56 
 what warrant of arrest extends to, 30 
 
 SIGNALLING TO SMUGGLERS, 116 
 SIGNALS, ALTERING, 51 
 
 SILVER COIN, 
 
 impairing, 90 
 
 colouring to represent, 90 
 
 SLAVE TRADE OFFENCES, 51, 117 
 
 SLAUGHTER 
 
 of cattle in street : See CONSTABLE, AKKEST. 
 
 of diseased cattle : See CONTAGIOUS DISEASE INSPECTOR. 
 
 SLAUGHTERHOUSE, 
 
 entry of constable : See CONSTABLE, ENTRY. 
 inspection : See PUBLIC HEALTH. 
 
 SLUICES, OPENING, 81 
 
 SMOKE, 
 
 power to enter building or steam vessel for purposes of inspection, 70 
 
 SMUGGLING, 51 
 
 SOLDIERS, 
 
 employment of, 6, 80 
 billeting, 48 
 
 SOLICITING COMMISSION OF OFFENCE, 51 
 
 SPIRIT RETAILER, 
 
 entry on premises, 118 
 examination of stock, 118 
 
 SPIRITS, 
 
 removal of, production of permit : See REVENUE, EXCISE. 
 seizure : See REVENUE, EXCISE. 
 
 STILL VESSEL, 
 
 seizure of: See REVENUE, EXCISE. 
 
 STOLEN PROPERTY, 
 receiving, 90 
 
 STORES, PUBLIC, 
 
 obliterating marks, 91 
 
 STREET, 
 
 animals, shown in, 100, 104 
 
 carriages standing, being cleaned or repaired in, 101, 10 1 
 
 discharge of fire-arms in, 101, 104 
 
 fireworks in, 101, 104 
 lines placed across, 105 
 maiming or killing cattle in, 101, 104 
 noisy instrument in, 101 
 offensive matter thrown upon, 105 
 pigs kept near to, 105 
 playing frames in, 102 
 public entertainment in, 100. 104 
 slaughtering cattle in, 101, 104 
 turuiug cattle looee in, 101, 104
 
 INDEX. 301 
 
 STRUCTURES, 
 
 dangerous, 60, 61 
 
 SUICIDE, 
 
 attempt at, 51 
 
 SUMMONS, 62 
 
 SUNDAY, 
 
 arrest on, 77 
 
 execution of warrant on, 7, 16 
 
 SUPERSEDEAS, 
 
 writ of: See SHERIFF, WRITS. 
 
 SURETIES FOR THE PEACE, 
 commitment in default of, 40 
 
 SURVEYOR OF HIGHWAYS, 
 
 arrest of unknown offender, 134 
 certificate to divert or stop up, 45 
 cleanse watercourses, 134 
 county bridges, 134 
 " damage to bridges, 134 
 districts, 133 
 entry platforms, 67 
 housing working classes, 67 
 fencing holes, 133 
 filling holes, 133 
 
 injury through bridge or highway out of repair, 133 
 make road in adjoining ground, 133 
 liability, 150 
 
 notice of action, 157 
 
 protection, 153 
 licence to get stones, 45 
 obstructions at night, 133, 134 
 pruning hedges, order for, 45 
 rate levy, 45 
 
 ratepayers convey material, 133 
 remove encroachments, 134 
 
 remove banks, 134 
 
 snow, 134 
 
 warrant of distress, 45 
 District surveyor, 
 dangerous structures, 61 
 fees, 136 
 inspect buildings, 135 
 
 theatres, 136 
 liability, 150 
 
 notice of action, 157 
 
 protection, 153 
 
 SUSPICION REASONABLE, 
 
 what, 82 
 
 SWEARING, 
 
 arrest for : See CONSTABLE, ARREST. 
 
 TAMPERING WITH WITNESS, 51 
 
 TAXES : See REVENUE. 
 
 TENANTS' FIXTURES : See FIXTURES.
 
 302 INDEX. 
 
 TENDER, 
 
 of amends, 158 
 
 TENT, 
 
 inspection of: See PUBLIC HEALTH. 
 pitching on highway, 135 
 
 THEATRES, 
 
 inspection of: See DISTRICT SURVEYORS. 
 
 THOROUGHFARE, 
 
 animals obstructing, 100, 104, 134 
 
 THREATENING LETTER, 
 
 sending, 91 
 
 THRESHING-MACHINE, 
 
 entry on premises : See CONSTABLE, ENTRY. 
 
 TIPSTAFF, 
 duties, 12 
 fees, 12 
 warrant of committal, 12 
 
 in bankruptcy, 35 
 order under Debtors Act, 35 
 
 how long in force, 35 
 
 evidence of means to pay, 35 
 
 extends to what, 35 
 
 TITHE, 
 
 recovery where premises occupied by owner, 41 
 
 TITLE DEEDS, 
 
 may not be taken under writ offi.fa., 21 
 
 TOBACCO DEALER, 
 
 entry on premises : See REVENUE, EXCISE. 
 examination of stock : See REVENUE, EXCISE. 
 manufacturer to show, permit : See REVENUE, EXCISE. 
 
 TOLL COLLECTOR, 
 
 exacting illegal toll, 181 
 
 TOLLS, 
 
 distress for, 71 
 
 TORTS, 
 
 amounting to crimes, 172 
 
 TRADES UNION OFFENCES, 51 
 TRADE OFFENCES, 51 
 
 TRAFALGAR SQUARE, 
 
 holding public meetings in, 79, 101 
 
 TRAFFIC, 110 
 
 TREASON, 51 
 
 arrest without warrant : See CONSTABLE, ARREST. 
 warrant of Secretary of State : See QUEEN'S MESSENGER. 
 
 TREASON-FELONY, 57 
 
 TREASURE-TROVE, 
 selling, 51 
 
 TREES, 
 
 destroying, 91, 90
 
 ^INDEX. 303 
 
 TRESPASS, 
 
 to personalty, 192 
 to realty, 197, 209 
 ab initio, 152 
 
 liability of officer acting inaccurately under warrant, 137 
 
 TRESPASSERS : See CONSTABLE, ENTRY. 
 
 TRUSTEES, 
 
 estate vested in sheriff may seize under writ, 10, 18 
 
 UNDER SHERIFF : See SHERIFF. 
 I X NATURAL CRIME, 51 
 
 UNWHOLESOME MEAT, 
 
 offering for sale, 51 
 
 VACCINATION, 
 
 false certificate, 51 
 
 VAGRANTS : See CONSTABLE, ARREST. 
 
 See CONSTABLE, SEIZURE AND DETENTION. 
 
 VANS, INSPECTION OF : See PUBLIC HEALTH. 
 
 VENDITIONI EXPONAS: See SHERIFF (WRITS). 
 writ of, 26 
 
 VENDORS SELLING DEEDS, 51 
 VENUE : See LIABILITIES PROTECTION. 
 
 VERDICT, 
 
 jury directed : See LIABILITIES PROTECTION. 
 
 VESSELS, 
 
 detention of, 56, 114, 125, 126 
 entry ou, 106, 113, 124, 125 
 injury by explosion, 91 
 malicious injury to, 51 
 
 VESTRY, 
 
 powers as to inspection of drains, &c. : See PUBLIC HEALTH (METRO- 
 POLITAN). 
 
 VIADUCTS, 
 
 malicious injury to, 51 
 
 VIVISECTION : See CRUELTY TO ANIMALS INSPECTORS. 
 
 WAR-STORE OFFENCES, 51 
 WARD OF COURT, ORDER FOR, 8 
 
 WARRANTS AND ORDERS, 
 
 cause of issue must appear when, 3 
 
 definition of warrant, 3 
 
 jurisdiction to issue, 3, 7 
 
 offence not yet committed relating to, 3 n. 
 
 period of detention specified, when, 3 
 
 presumption as to jurisdiction to issue, 3 
 
 production of not condition-precedent to execution, 7 
 
 sealed when, 3 n.
 
 34 INDEX. 
 
 WARRANTS AND ORDERS continued.. 
 search warrants peculiarities, 3 n. 
 unknown persons, 3 n. 
 void when, 3 n. 
 Orders, 
 
 authority co-extensive with validity, 4 
 constituting relationship of principal and agent, 4 
 definition of, 4 
 
 jurisdiction to make, must appear when, 4 
 of Courts of Record, 4 
 resemble warrants when, 4 
 validity of proceedings on essential, 4 
 verbal presumed written, when, 4 
 Of Superior Courts at Common Law : 
 1. The King a Party, 
 
 this phrase explained, 5 
 force what amount may be employed, 5 
 breaking doors, power as to, G 
 after escape, 6 
 breaking out, 7 
 during what hours, 7 
 inner doors, 6 
 party's own house, 6 
 previous request and denial, 6 
 third party's house. 6 
 remaining on premises, 7 
 Lord Ellenborough on, use of force, 5 
 evidence to prove necessity for using admissible, 6 
 military if employed to be under magistrate, 6 
 necessity of resorting to must be shewn, 5 
 officer may recover possession of warrant, 7 
 posse comitatus who may raise, 6 
 privilege from arrest, 7 
 Sunday execution, 7 
 gaoler 
 
 sergeant-at-arms, Lords 
 sergeant-at-arms, Commons 
 
 As to powers, see under head 
 of each officer. 
 
 sheriff 
 tipstaff 
 2. The King not a Party, 
 breaking doors, 15 
 does not affect validity of execution, 16 
 
 liability of officer for, 16 
 
 out, 16 
 
 window, 16 
 
 cupboards, trunks, &c., 15 
 
 entering aperture, 16 
 
 entry obtained by fraud, 16 
 
 inner doors, 15 
 
 ordinary entry not a breaking, 16 
 
 outhouses, 6 
 
 previous request and denial, third party's house, 15 
 
 what constitutes, 15 
 
 continuance in possession, 16 
 
 privilege from arrest, 16 
 
 Sunday execution, 16 
 
 whether now arrest for debt, 17 
 
 Admiralty marshal ) As to powers, see under these officers 
 sheriff / respectively. 
 
 Of Superior Courts not at Common Law : Of Inferior Courts and Officers 
 generally, 
 distinction between, and those of Superior Courts at Common Law, 32
 
 INDEX. 
 
 305 
 
 WARRANTS AND ORDERS continued. 
 
 Of Superior Courts not at Common Law continued. 
 apt conclusion, 32 
 certain date, 32 
 cause of issue to appear, 32 
 erroneous process, effect of, 33 
 jurisdiction to make, to appear, 32 
 killing of officer when not murder, 52 
 must be executed by person to whom addressed, 83 
 no distinction between warrants and orders as to jurisdiction, but 
 between those made after adjudication and without adjudication, 33 
 liability of officers under these, 31 
 omnia prsesumuntur rite esse acta, not applicable, 32 
 period of detention to appear, 32 
 proceedings regular when a presumption as to, 33 
 resistance to bad warrant lawful, 52 
 to arrest to become bound next sessions, 33 
 A. After adjudication : 
 
 1. The King a Party : 
 
 sheriff 
 
 tipstaff 
 
 high bailiff 
 
 constables 
 
 excise 
 
 taxes 
 
 gaoler 
 2. The King not a Party : 
 
 high bailiff 
 
 constables 
 
 gaolers 
 
 overseers 
 
 highway surveyors 
 B. Where no adjudication : 
 1. The King a Party : 
 
 Queen's messenger 
 
 post officers 
 
 minister, churchwarden, and overseers 
 
 constables 
 
 customs 
 
 excise 
 
 explosives inspectors 
 
 wreck receiver 
 
 nuisance inspector 
 2. The King not a Party : 
 
 constables 
 
 weights inspectors 
 
 water bailiffs 
 
 overseers and workhouse officers 
 
 district surveyors 
 
 local officers 
 C. Other orders : 
 constitute relation of principal and agent, 62 
 
 local acts "1 
 
 bye-laws 
 
 As to powers, see under these officers 
 respectively. 
 
 As to powers, see under these officers 
 respectively. 
 
 As to powers, see 
 under these officers 
 respectively. 
 
 As to powers, see under 
 these officers respec- 
 tively. 
 
 adulteration 
 
 canal-boats 
 
 contagious disease 
 
 explosives 
 
 highways 
 
 public health 
 
 weights and measures 
 
 See under these heads respectively.
 
 306 INDEX. 
 
 WATEK BAILIFFS, 
 
 arrest offenders, 128 
 
 examine weirs and dams, 127 
 
 privileges as constables, 128 
 
 production of licence, 128 
 
 putting noxious material into river, 128 
 
 search nets, 127 
 
 stop and search boats, 127 
 
 persons, 127 
 seize fish forfeited, 127 
 
 unlawful engines, 127 
 
 salmon illegally taken or killed, 127 
 warrant of justices, 60 
 order of justices, 60 
 
 of conservators, 61 
 Thames : 
 powers, 128 
 
 WATERCOURSES, CLEANSING : See SUBVEYOB, HIGHWAYS. 
 WATERMAINS : See PUBLIC HEALTH. 
 
 WEIGHTS, INSPECTORS, 
 
 powers, 136 
 warrant of justice, 60 
 
 WEIGHTS AND MEASURES, 
 
 power of officers to weigh coal, 74 
 
 WIFE, 
 
 exposing for sale, 51 
 
 liability of husband for debts of, 25 
 
 WINDOW BOXES, 
 
 not sufficiently guarded, 105 
 sill, 
 
 standing on, 105 
 
 WINE RETAILER, 
 
 entry on premises : See REVENUE EXCISE. 
 search of premises : See REVENUE EXCISE. 
 spirits on premises may be seized : See REVENUE EXCISE. 
 , stock, examined only during hours of sale : See REVENUE EXCISE. 
 
 WITCHCRAFT, PRETENDING, 37 
 
 WITNESS, 
 
 contempt of summons, 37 
 
 refusing to enter into recognizances, 37 
 
 give evidence, 37 
 
 sign information, 37 
 required to leave Court, 59 
 wilful insult to, 36 
 tampering with, 172, 209 
 
 WORKSHOP REGULATION, 
 
 offences against, 51 
 
 WORKHOUSE OFFICERS: See OVERSEERS. 
 lunatics, 132 
 offenders, 132 
 paupers, 132
 
 INDEX. 307 
 
 WORKHOUSE OFFICERS continued. 
 search, 132 
 order of justices, 61 
 right of guardians to sit with closed doors, 61 
 
 WRECK, . 
 
 impeding escape from, 51 
 interfering with, 51 
 sale, by receiver, 41, 125 
 within limits of United Kingdom, 
 duty of receiver, 124 
 
 WRECK RECEIVERS : See MERCHANT SHIP INSPECTORS.
 
 LONDON: 
 PRINTED BY WILLIA.M CLOWES AND SONS. LIMITED, 
 
 8TAXFOBD aTBKET AXU CHAIU-S'li CB06S.