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UNIVERSITY
OF CALIFORNIA
LOS ANGELES
SCHOOL OF LAW
LIBRARY
^^.:^£|ifei>^
THE
OR,
A SUMMARY
OF THE
BUTIES ANB FOWERS
OF
A JUSTICE OF THE PEACE,
CAREFULLY COMPILED FROM
THE BEST AUTHORITIES ;
WITH
EXTRACTS FROM ADJUDGED CASES AND THE STATUTES
TO THE 56th GEORGE III. I8I6.
"WITH
A COPIOUS COLLECTION OF
Precedents of Summonses, Wanants, Convictions^ ^c.
THE SECOND EDITION,
WITH VERY CONSIDERABLE ADDITIONS.
BY WILLIAM TOONEy
ATTORNEY AT LAW, AND CLERK TO THft MAGISTRATES
ACTING FOR THE DIVISION OF NEW BRENTFORD, MIDDLESEX.
PRINTED FOR JOSEPH BUTTERWORTH AND SON.
I8I7.
(5
5
TO
WIJLJLIAM WATSO:^, ESQ.
CHAIRMAN OF THE QUARTER SESSIONS,
FOR THE
COUNTY OF MIDDLESEX^
Sfc. ^c. ^c.
WHOSE ABILITY AND INTEGRITY
ARE UNQUESTIONABLE PLEDGES
FOR HIS FAITHFUL ADMINISTRATION OF JUSTICE
IN THAT DISTINGUISHED SITUATION,
THE FOLLOWING 7V0RK
IS WITH MUCH RESPECT
INSCRIBED
BY
THE AUTHOR.
78318:
PREFACE.
THE rapid sale of a large impression of this Work
has confirmed the Author's opinion of its practical
utility. A Second Edition within a short period,
affords a decisive proof of the estimation in which
it is held by Magistrates and others, as a Manual
suited to the despatch of business at Petty Ses-
sions, &c. where facility of reference and Forms
adapted to jill occasions are so indispensably re-
quisite.
The utmost care and attention have been used to
render the various Precedents correct and appli-
cable to their several purposes ; and the Author is
much flattered in finding that an eminent Writer
on Criminal Law has borne testimony to their
utility and accuracy by adopting them in his recent
valuable Work on that subject.
It has been thought proper in this Edition to
introduce much new matter, and to notice some
VI PREFACE.
Acts of Parliament, which though local and on
that account omitted in the first Edition, were
from their extensive operation considered necessary
to render this Publication complete.
These and other additions have enlarged the
bulk of the Volume; but it is hoped that it will
thereby be rendered more generally useful and more
acceptable to the Magistracy and the Public.
The Author cannot omit this opportunity of ac-
knowledging his obligations to Samuel PuRKis,Esq.
of Hampstead, a very active and intelligent Ma-
gistrate, for much kind assistance and many
valuable suggestions during the progress of the
Work.
Cursitors Street,
Jan. 1817.
EXPLANATION OF ABBREVIATIONS.
Atk Atkyn's Reports
"Bac. Abr Bacon's Abridgement.
Barnard Barnardiston's Reports.
Barnes. Barnes's Notes.
jr *Tj/ IBlackstone's Reports.
Bos. and P«//.....Bosanquet and Puller's Reports in Common Pleas.
Bott Bott's Poors' Law, by Const.
Btdler N. P Buller's Nisi Prius.
Bulstr Bulstrode's Reports.
Bur. Rep Burrow's Reports. '
Burn Burn's Justice of the Peace.
Burr. Sett. Ca.\^ , o ♦n
and B. S j Burrows s Settlement Cases.
(^"Id. Caldecott's Reports on Settlement Cases,
Cawpb. Rep Campbell's Reports.
Chitty App Chitty on Apprentices.
Go. Lit .Coke upon Littleton.
Comb Coniberbach's Reports.
Coinm Blackstone's Commentaries.
Co-up Cowper's Reports.
Cro. Eliz Croke's Reports temp. Eliz.
Cro. Jac Croke's Reports te?np. James.
Cro. Car Croke's Reports temp. Charles.
Cromp. J.P Crompton's Justice of the Peace.
Dalt Dalton's Justice.
Doug Douglas's Reports.
Dyer Dyer's Reports.
East. Rep East's Term Reports.
Esp Espinasse's Reports.
Fitz. N.B Fitzherbert's Natura Brevium.
Foley Foley's Poor Laws.
fort Fortescue's Reports.
Hale's Hist, and
lale s Hist. 3iud \„ i . n^ n/ . ^
jy. // J-Hales Hist. Plactta Corona.
viii EXPLANATION OF ABBREVIAtlONS.
Hate Hawkins's Pleas of the CrowDr
Jnst Coke's Institutes.
Keb Keble's Reports.
Jjomb Lambard's Justice.
Leach Leach's Modern Reports.
Lit. Abr Lilly's Abridgement.
Ld. Rat/ Lord Raymond's Reports.
Jjoft Loft's Reports.
Mau. and Sel. Maule and Selvryn's Reports.
Mod. Rep Modern Reports.
Moore Moore's Reports.
Jl^olan Nolan's Poors' Law.
Paler/ Paley on Convictions.
Plow Plowden's Treatise on Tithes.
Ritsons Off: Ritson's Office of Constable.
Roll. Abr Rolle's Abridgement of Cases.
Salk Salkeld's Reports.
Sai/er. Sayer'8 Reports.
Sess. Ca Sessions Cases.
Sfr Strange's Reports.
Stem Summary of Penal Laws.
y. jj Term Reports, by Durnford and East.
Tom. Diet Tomlin's Law Dictionary.
ririer Viner's Abridgement.
Williams Williams's Justice of the Peace.
Willis Willis's Reports.
Wils Wilson's Reports.
Wood's Inst Wood's Institutes,
The Magistrate's MamiaL
ACCESSARY BEFORE THE FACT.
An accessary is one guilty of felony, not as a
principal, but by participation, command, advice,
or concealment. In high treason there are no ac-
cessaries, all concerned are principals; so in petit
larceny and misdemeanors there can be no accessa-
ries either before or after the fact, but all parties
implicated, if guilty, are principals.
An accessary before the fact is, as Hale defines,
one who being absent at the time the crime is com-
mitted, doth yet procure, counsel, or advise the
commission of it, and his absence is necessary
to constitute him an accessary before the fact.
By Stat. 3 and 4 Wm. HI. in Burglary benefit
of clergy is taken away from- accessaries before
the fact.
B
2 Accessary before the Fact,
J ^f davit of the Party to ground a If 'arrant for apprehending
an Accessary before the Fact,
A. B. of in the county of g^nt.
maketh oath and saith, that on the day of
last, his dwelUng house, situate in the parish of
in the said county, was, about the hour of nine in the night
of the same day, feloniously and burglariously broken and en-
tered by some person or persons, and that [describe the property
stolen^ his property, were then and there feloniously stolen,
and that he hath just cause to suspect, and doth suspect, that
C. D. late of aforesaid, labourer, did commit the said
felony and burglary, and that E. F. late of aforesaid,
labourer, did advise^ aid, and abet the said CD. in the said
felony.
Sworn, &c. A. B.
Warrant thereon.
To the Constable of the parish of in the county of
and all other His Majesty's Peace OiSicers
within the said County.
to wit. Whereas A. B. of in the said county
of gent, hath this day made oath before me, W. S.
Esq. one of His Majesty's justices of the peace in and for the
said county, that [Jiere state the fact as set forth in the q^ da-
vit.] These are therefore, in His Majesty's name, to charge
and command you, forthwith, to apprehend and bring before
me, the said C. D. and E. F. to answer the said complaint,
and to be further dealt with according to law. Given under
my hand and seal, this day of 18 17.
Comynitment.
To the Keeper of the Common Gaol of Newgate, or his
Deputy.
Receive into your custody the bodies of C. D. and
E. F. herewith sent you, brought before me, VV. S. Esq.
one of His Majesty's justices of the peace in and for the said
county, by K^ h. constable of the parish of charged
Accessary after the Fact. 3
upon the oath of A. B. with [here state the offence], and them
safely keep In your custody until they shall be discharged by
due course of law. Given under my hand and seal, at
this day of 1817.
ACCESSARY AFTER THE FACT.
An accessary ex post facto^ is one who knowing a
felony to have been committed, receives, harbours,
or assists the felon; and any assistance given to a
felon, to hinder his apprehension, trial, or punish-
ment, makes the person assisting an accessary after
the fact. To buy or receive stolen goods, knowing
them to be so, is an offence of this sort, and by
Stat. 5 Anne, c. 31, and 4 Geo. I. c. 11, all such re-
ceivers may be transported for fourteen years.
Accessary, by Stat. A'?>, Geo. III. c. 113, s. 5,
may be tried in the bounty where he was accessary,
or where the felony was committed; but the party
once tried, shall not be again indicted, prosecuted,
or tried in any court whatsoever.
Accessaries, by a mild construction of the Sta-
tutes of Westminster, 3 Edw. I. c. 15, have been
admitted to bail, upon reputed good character; but
where strong presumption of guilt is manifest, no
bail should be admitted. 2 Hawk. c. 15, s. 53.
An accessary, on his trial, after conviction of the
principal, may controvert the guilt of tlie latter.
Leach, 237. The receiving bank notes, knowing
them to be stolen, is not felony; neither is money,
not being goods and chattels within the meaning of
B 2
4 Accessary after the Fact.
the Statute against receiving stolen goods. Mor-
ris's case, Leach, 368, and see Bacon's Abr. and
Burn's Just, title " Accessary'''
Warrant to apprehend an Accesmry after the Fact, far har-
bouring the Princ'qmL
to wit. Whereas N. O, of stands charged
before me, J. C. Esq. one of His Majesty's justices,
of the peace in and for the said county, on the oath of A. B.
with having [state the offence as in the preceding affidavit.'^
And whereas P. Q. hath this day also made oath before me,
that T. T. of aforesaid, yeoman, since the said felony
and burglary was committed, hath received, harboured, and
maintained him, the said C. D. in tlie dwelling house of him
the said T. T. at aforesaid, he, the said T. T. well
knowing the said C. D. to have committed the said felony and
burglary. These are therefore to command you forthwith to
apprehend and bring before me, at this place, the body of the
said T. T. to answer to the said charge, and to be further dealt
with according to law. Given under my hand and seal, at
in the said county, this day of I8I7.
Warrant t& apprehend an Accessary after the Fact, for re-
ceiving Stolen Goods.
To the Constable of the parish of [as before.']
to wit. Whereas A. B. hath this day made oath
before me, S. P. Esq. one of His Majesty's justices of tho
peace, in and for the said county, [here state the facts as in
ihe Jirst ajfidavit] and also that the said A. B. hath cause to
suspect, and doth suspect, that J. J. of in tlie said county,
labourer, hath feloniously bought and received the said [the
property stolen] knowing the same to have been feloniously sto-
len. These are therefore to command you [see last precedent.]
miction.
ACTION.
No action can be brought against a justice of the
peace for any thing- done by him by virtue of his
office, until notice in writing of such intended writ
or process shall have been delivered to him, or left
at his usual place of abode, or served at least one
calendar month before the suing out or serving the
same, in which notice must be clearly and expli-
citly contained the cause of action which the party
suing claims to have against such justice; and on
the back of such notice shall be indorsed the name
and place of abode of the plaintiff's attorney or
agent, 24 Geo. II. c. 44, s. 1. Although personal
service of the notice is to be preferred, yet it havS
been, determined, 4 T. R. 465, that leaving it at the
dwelling house is sufficient. The party may give
the notice in his own name, or in the name of his
attorney; but the particular writ intended to be
issued must be stated, and it must be served one
full calendar month previous to such writ being is-
sued. It is necessary to be particular in describing
the offence, as no evidence can be given by the
plaintiff of any cause of action, except such as is
contained in the notice; a general notice of an
action for an assault and false imprisonment is
bad, 7 1- R- ^31. The action must be com-
menced within six calendar months after the act
B 3
6 Action.
committed, and must be brought in the county
where the grievance complained of arose.
It has been held that an action of replevin for
goods taken by a parish officer under warrant of
distress, is not such an action as requires previous
notice under the act to be given to the party. East.
Rep. 283.
No action shall be brought against any consta-
ble, or any officer acting by his order, for any thing
done in obedience to any warrant of a justice,
until demand made or left at his usual place of
abode by the party intending to bring such action,
or by his attorney or agent, in writing, signed by
the party demanding the same, of a perusal and
copy of the warrant, and that the same hath been
refused or neglected for six days after such de-
mand.
It has been considered that constables, headbo-
roughs, excise officers, collectors of taxes, &c. act-
ing under a warrant, are entitled to notice, under
the act 43 Geo. III. c. 99, s. 70.
JVo/Jce of Action from the Jttorneij of the Party to a Justice of
the Peace, for false Imjmsonment.
To A. B. one of His Majesty's Justices of the Peace, acting
in and for the county of .
Sir,
I do hereby, as the Attorney of C. D. of •
gent, give you notice, according to the form of the Statute in
that case made and provided, that I shall, at or soon after the
end of one calendar month from the time of the service of
Action, 7
this notice upon you, cause a writ of latitat to be sued out
of His Majesty's Court of at Westminster, against
you, at the suit of the said CD. for false imprisonment; for
that you, on or about the day of last, by warrant
under your hand and seal, dated the day of did
cause the said C. D. to be apprehended and conveyed to the
common gaol of Newgate, [or as the case may 6e] and to be
there imprisoned, and kept and detained there, without any
reasonable or probable cause, for a long time, to wit, for the
space of then next following. Dated this day of
1817.
Vours, &c.
E. F. Attorney for the said C. D.
Notice of Action to an Excise Officer, hy the Attorney of the
Party, for Seizing Goods,
To A. B. and C. D. Officers of His Majesty's Excise.
You having, on or about the day of last, 33
officers of His Majesty's Excise, unlawfully seized, taken, and
carried aw-ay a large quantity of soap, to wit, 2001b. weight,
belonging to A. B. of and being of a large value, to wit,
of the value of ,^^. and converted and disposed thereof to
your own use; I do hereby, as the attorney for the said A. B.
in this behalf, according to the form of the Statute in such case
ma'de and provided, hereby give you notice that I sh.all, at or
as soon after the expiration of one calendar month from the
time of your being served with this notice cause a writ
of to be sued out of His Majesty's Court of at
Westminster, against you, at the suit of the said A. B. for the
said trespass, and shall proceed against you thereupon accord-
ing to law. Dated, &c.
Yours, &c.
C. D. Attorney for the said A. B.
B 4
8 miction,
Tlie like for stopping and detaining in Custody a Horse and
Cart.
To A. B. and C. D. &c.
I do hereby, as the attorney of and for E. F. according to the
form of the Statute In such case made and provided, give you
notice that I shall, at or soon after the expiration of one calen-
dar month from the time of your being served with this notice,
cause a writ of to be sued out of His Majesty's Court of
at Westminster, against you, at the suit of the said E. F.
for that you, the said A. B. and CD. on the day of
last, with force and arms seized a certain horse of the said E. F.
of great value, which was then passing in and along the King's
highway, and drawing a certain cart of him the said E. F. of a
large value, wherein he was then riding and going in and about
his lawful and necessary aflfairs and business ; and without the
license or consent, and against the will of the said E. F.
stopped and detained him and his said horse and cart for
a long space of time, to wit, for the space of during
which time he the said E. F. not only lost and was de-
prived of the use and benefit of his said horse and cart, but
was liindered and prevented from doing and transacting his
lawful and necessary affairs and business ; and also for that you
\ if the facts qre so] the said A. B. and C. D, on the said
day of last, with force and arms assaulted, beat, wounded,
and ill-treated the saidE. F. and imprisoned him, and kept and
detained him in prison, without any reasonable or probable
cause whatsoever, for a long space of time, to wit, for the
space of contrary to the laws and customs of this realm,
and against the will of the said E. F. and rent, tore, damaged,
and spoiled his clothes, of a large value, which he then wore
and had on, and other wrongs to the said E. F. did to his great
damage, and against the peace of our Lord the King. Dated
this day of I8I7.
Yours, &c.
W. T. Attorney for the said E. F.
Tlie like to Collectors of Taxes for an illegal Distress,
To A. B. and C. D. of acting under colour and pretence
of being Collectors of l^axes for the parish of
I, of in the county of do hereby, as the
attorney of and for E. F. of . in the county of gent.
Action. 9
according to the form of the Statute, &c. give you notice, [«5
in the last precedent] for that you the said A. B. and CD. on
the day of last, to wit, at in tlie county of
with force and arms, &c. seized and took certain horses,
mares, geldings, and sheep, to wit, 10 horses, 10 mares, 10
geldings, and 50 sheep, of the said E. F, of great value, to
wit, of the value of jfc'SOO, and then and there impounded the
said horses, mares, geldings, and sheep, and kept and detained
the same so there impounded for a long space of time, to wit,
for the space of then ne,xt following, and until the said
E. F. was, in order to get back and regain possession of the
said horses, mares, geldings, and sheep, forced and obliged to
pay to you the said A. B. and C. D. a large sum of mo-
ney, to wit, the sum of .^"'500, at the parish aforesaid,
and county aforesaid. And also for that you the said A. B.
and C. D. on the said day of in the year afore-
said, with force and arms, &c. to wit, at the parish
aforesaid, in the county aforesaid, seized, took, and
drove away certain other horses, mares, geldings, and sheep,
to wit, 10 other horses, 10 other mares, 10 other geldings,
and 50 other sheep, of the said E, F. of great value, to wit,
of the value of ^500 of lawful money of Great Britain, there
then found and being, and converted and disposed thereof to
your own use ; and other wrongs to the said E. F. did to his
damage of <^500, and against the peace of our Lord the King.
Dated, &c.
Yours, &c.
W. T. Attorney for the said E. F.
Demand on a Constable of perusal and Copy of his Warrant.
To Mr. C. D.
I do hereby, as the attorney of and for A. B. of &c. ac-
cording to the form of the Statute, &c. demand of you the pe-
rusal and copy of tiie warrant, by virtue or under colour
whereof you did, on or about the day of last, appre-
hend tlie said R. P. and carry and convey him in custody in
and to and before S. P. Esq, one of His Majesty's justices of
the peace in and for the county of . Dated, &c.
Yours, &c.
W. T, Attorney for the said A.B.
10 Affidavits.
The like on a GaoUr.
To Mr. A. B.
I do liereby, as the attorney for E. F. of &c. accord-
ing to the form of the Statute, &c. demand of you the perusal
and copy of tlie warrant of commitment and detainer, under
which you received into your custody the said E. F. on or
about the day of last, and kept and detained him in
custody for tlie space of then next following. Dated, &c.
Yours, &c.
VV. T. Attorney for the said E. F,
It seems proper that constables should retain
their warrants, and not return them to the ma-
gistrate, otherwise they cannot comply with the
directions of the act. See furthei- post, under title
" Justices of Peace' and " Constable."
AFFIDAVITS.
Affidavits should be in writing-, particularly if in-
tended as the ground of further proceedings, and
the time, place of abode, and addition of the party
making' it, should be inserted, 1 Lill. Abr. 44, aQ.
May be on unstamped paper if taken before a ma-
gistrate, who is not authorized to take voluntary
affidavits except judicially.
Affidavit of the Overseer of the Poor [or some other person
' who can testify the fact] that a Woman brought to bed of
a bastard Child had not been delivered a month, to enable
the parish to move the Quarter Session to continue the re-
puted Father on his recognizance till the next Session.
to wit. A. B. of in the county of yeoman,
maketh oath and saith, that he is one of the overseers of the
Affray. 11
poor of the parish of and that E. E. of tlie said parish-
single woman, on the day of in the year of our
Lord, 1817, was delivered of a male bastard child, in the said
parish of and which said child is now chargeable to the
said parish, and that no order of filiation hatli been made, nor
liath a month elapsed since her delivery.
Sworn at in the county of
A.B.
the day of 1817, before
me, S. P.
AJidaoit of service of a Summons to ground a Warrant for
Disobedience,
A. B. of in the county of constable of
the said parish, maketh oath and saitb, that on tiie
instant, he personally served C. D. with a true copy of the
summons hereto annexed, at his dwelling house, situate in the
parish of aforesaid, and at the same time informed the
said CD. of the intent and meaning thereof.
Sworn, &c. A. B.
Affidamt of being prevented by Illness from attending the
Session, [to be made by a medical man if convenient] in
order to move to continue the party on Ms recognizance.
to wit. A.B. of in the said county, surgeon.
maketh oath and saith, that C. D. of yeoman, is confined
to his house by severe illness, and that this deponent saw the
said C. D. yesterday, and verily believes he is incapable of tra-
velling without manifest danger of his life.
Sworn, &c. A. B,
AFFRAY.
An affray signifies a fig-hting* or skirmish between
two or more persons in public, and there must be
a stroke given or offered to constitute an affray.
3 Inst. 158. If it happen in private it is not an
12 ^ffrmj.
affray, though it may be an assault. No quarrel-
some or threatening words will amount to an
affray, yet a constable may carry the threatener to
a justice, to find securities for the peace. Leach's
Hawkins, 1 cap. 63, and 2 cap. 10.
A magisti-ate, and even a constable, or private
person, may endeavour to suppress an aifray, and
may imprison, ex officio, the parties until security
be given for the peace; but neither a magistrate or
constable can authorize the arrest or detention of
an affrayer, if the offence be committed out of their
view, without a warrant. Though this is a bailable
offence, a magistrate should be circumspect in tak-'>
ing bail, if either of the parties are dangerously
wounded. 1 Hawk. c. 63.
Affrays are punishable by fine and imprisonment,
at the discretion of the judge. See Keble's Re-
ports, 694. 9 Anne, c. 14, s. 8, and Hawkins, c. 6'6,
Cro. Eliz. 40a. 3 Inst. 142.
Affidamt to ground a Warrant to apprehend Affrayers.
A. B. of in the county of , ■
maketh oath and saith, that on the day of in the year
of our Lord, 1817, C. D. of labourer, E. F. of la-
bourer, and G. H. of yeoman, did, in a tumultuous man-
ner, and with force and arms make an affray, to tlie terror of
His Majesty's subjects then and there being, wherein the said
A. B. was assaulted, beaten, and abused by the said C. D,
E. F. and G. H. witliout any just or reasouable cause.
Sworn, &c. A. B.
Alehouse, 13
Warrant to apprehend Jjffrayers.
to wit. Whereas complaint hath been made before
me, S. P. Esq. one of His Majesty's justices of the peace ia
and for the said county of upon the oath of A. B. of
in the said county, that [here state the substance of the com-
plaint, as set forth in the ajidavit^. These are therefore, in
His Majesty's name, to charge and command you forthwith to
apprehend the said C. D. E. F. and G. H. and bring them
before me, or some other of His Majesty's justices of the peace
for the said county of to answer tiie premises, and to find
sureties, as well to keep the peace towards the said A. H. as to
appear at the next general quarter session of the peace, to be
held at in and for the said county, to answer such
indictment as shall be preferred against them by the said A.B.
for the said offence. Given under my hand and seal, this
Hay of 1817.
ALEHOUSE.
By Stat. 26, Geo. II. c. 31, no victualler's li-
cense ^hall be granted but on the 1st of September
yearly, or within twenty days after, and such li-
cense shall be for one year from the 29th of Sep-
tember; and the day and place for granting licenses
shall be appointed by two or more magistrates
acting for the division, by warrant under their
hands and seals, at least ten days previous to the
meeting, and all licenses granted at any other time
and place shall be void, 3 T. Rep. 569, but this
does not extend to alter the time for granting
licenses in cities or corporate towns.
And by the same Statute no license shall be
granted to any person not licensed at the general
14 Alehouse.
licensing day, without a certificate signed by the
minister and the majority of the parish officers, or
else three or four householders, stating such person
to be of sober life and conversation. It has been
decided that it is not material that the minister, &c.
should sign the certificate, but if signed by three or
four substantial householders it is sufficient. 1 Burr.
Rep. 557.
No justice of the peace being a common brewer
of ale or beer, innkeeper or distiller, or interested
in any of the said trades, or seller or dealer in spi-
rituous liquors, or a victualler or maltster, shall
have power to grant licenses for selling ale, beer,
or other liquors by retail, 26 Geo, III. c. 13, s. 12 ;
but where it shall happen that justices in towns
corporate are rendered incapable for the reasons
aforesaid to grant licenses, then any justice acting
for the county at large, within which such place is
situate or next adjoining thereto, may at the re-
quest in writing of the chief magistrate of such
place, act for the purpose of granting licenses,
39 Geo. III. c, 86, s. 3.
Recognizances to be taken by justices from vic-
tuallers, the party in ^10. and two sureties in ^5.
each, or one in ^10. but if sickness or other rea-
sonable cause is shewn, the justices may take two
sureties only in ^10. each, which recognizance
must be returned by the justices' clerk to the quar-
ter session to be filed.
Victuallers doing any act to forfeit their recog-
Alehouse. 1 5
tiizances, and being- convicted, tlie license is void,
and they are rendered incapable of holding- another
for three years. 26 Geo. II. c- 31.
The justices have a discretionary power to grant
or refuse licenses, and no mandamus will lie to
compel them to grant one, 2 Strange. 881, but an
information will lie if they act oppressively, or with
corrupt views, Rex. v. Young- and Pitt, 1 Burr. 56*1 ,
and an information will also lie against a justice
for granting a license improperly. The King v. File-
wood, E. Term, 26 Geo. III.
The justices' license only applies to the house
licensed.
By Stat. 48 Geo. III. c. 143, the stamp duty on
licenses is repealed, and an excise license for the
sale of rum, cyder, &c. must be taken out within ten
days after the justices' license ; and the duration of
such license is limited to the lOth of October next
after the granting thereof.
No license can be granted to any house, the oc-
cupier whereof was not licensed at the general
licensing day next before the petty sessions, held
for empowering the executors, &c. of persons dy-
ing, or a new tenant on the last occupier removing-,
to carry on the trade during the continuance of the
original license, 32 Geo. III. c. 59, s. 4, 5, and 48
Geo. III. c. 143; and such executor or assignee
may sell under such former license, on producing- a
certificate of a justice of the peace approving there-
of, and entering into the usual recognizance ; and
16 jlleliouse.
within Middlesex and Surry, the justices at their
general licensing- meetings shall appoint not less
than six nor more than eight special days of
meeting annually, at equal periods, for the pur-
pose of granting licenses to such new tenants, or
occupiers, of which meetings due notice must be
given.
Justices of the peace acting in and for the county,
though not resident in the division, are competent
to grant licenses to victuallers, the Court of King's
Bench having determined generally that any justice
of the county going to a meeting in the division,
is for that purpose a justice of the division, Cald.
Cas. 305.
By 35 Geo. III. c. 113, the penalty for selling ale
or other exciseable liquors without license, is ^20.
and costs of conviction ; on second conviction ren-
dered incapable of holding alicense, s. 1, and one jus-
tice, upon the oath of one witness may convict, s. 10;
but justices may mitigate the penalty to ^10. and
penalties must be sued for and determined within
six months after offence, s. l6', and if the party
convicted do not at the time of conviction, if pre-
sent, or within three days after notice personally
served on him, or left at the place where the offence
was committed, pay the. penalty and costs, to be
ascertained by the justice, then a v/arrant of dis-
tress may issue. Eooceptioii, by 38 Geo. III. c. 54,
no person is liable to the penalty for selling beer
or ale in casks of not less than five gallons, or iiv
Alehouse, I7
bottles not less than two dozen, and not drank in
his house, s. 13.
Distress may be sold within four days, and the
officer is to be allowed 5s. a day, and his assistant
2s. a day if necessary. Half the penalty to the in-
former, and the other half to the poor of the parish ;
and if no sufficient distress, the justice may commit
for not more than six nor less than three calendar
months.
Penalty on witnesses not attending summons,
^10. (to the poor) to be recovered by distress, or
committed for six months.
Personal service of summons to answer informa-
tions for selling liquors by retail without license
not necessary ; leaving* it at the place where the
offence was committed, and affixing a copy on the
door, is sufficient.
Appeals are allowed to the next quarter session,
unless held within six days after conviction, and if
so, then to the subsequent quarter session, whose
determination is final.
The act 35 Geo. III. c. 113, does not prohibit
the selling of ale or beer in Fairs.
Alehouse keepers are liable to a penalty of lOs.
for suffering tippling, 1 James I. c. 9, s. 1, 2, and are
disabled for three years to keep any alehouse; to be
recovered by distress, or committed till paid, s. 3.
Every person convicted of drunkenness within
six months from the time of committing the of-
fence, shall forfeit 5s. to be paid within one week
C
Id AleJioiiat,
after conviction to the churchwardens, or in de-
fault a warrant of distress may issue, and if the
party is not able to pay, he may be committed to
the stocks for six hours. Constable neglecting his
duty to forfeit 10s. to the poor.
Any person convicted a second time of drunken-
ness, to be bound with two sureties in ^10. for his
good behaviour, s. 3. One justice, by 21 James I.
c. 7, may, on his own view, by confession of the
party, or proof by one witness, convict.
Alehouse keepers, by 50 Geo. II. c. 24, to for-
feit 40s. for suffering apprentices, servants, &c. to
game, and for second offence ^10. to be levied by
distress, one fourth of the penalty to the informer,
and the remaining three-fourths to the church-
wardens.
Apprentices, servants, or journeymen found
gaining in any place where liquors are sold, upon
complaint on oath, and if convicted on the evidence
of one witness, shall forfeit not exceeding 20s. nor
less than 5s. as the justice shall think fit, and for
non-payment may be committed to the House of
Correction for one month, to hard labour, or until
the penalty is paid, s. 10.
Persons retailing ale and beer must sell the same
by a full quart or pint, according to the Exchequer
standard, on forfeiture of not more than 40s. nor
less than 10s. 11 and 12 Wm. III. c. 15, to be re-
covered by the oath of one witness before one jus-
tice, by warrant of distress, s. 6'.
Alehouse. 19
By 24 Geo. II. any retailer of spirituous liquors,
with or without a license, who shall take any
pledg-e for payment of such liquors, shall forfeit
40S. for every pledge, to be levied by warrant of
one justice, one moiety to the informer, and the
other to the poor, s. 12.
For the remedies against innkeepers and victual-
lers, for offences, &c. not cognizable by magis-
trates, and for their remedy against their guests,
&c. see 3 Bacon's Abr. 186 — 8 Mod. Rep. 172, —
1 Str. 557, — and East's Reports.
For directions respecting the quartering soldiers,
&c. on victuallers, see the latest Mutiny Act, which
is passed annually.
Precept to the High Constable, to issue Warrants to the Petty
Constables to summon Alehouse-keepers to be Licensed,
To A. B. gentleman. High Constable of the Hundred of — —
in the said county.
to wit. In pursuance of the several acts of parliament in
that case made, these are to require you, on sight hereof, to issue
out your warrants to all petty constables belonging to the se-
veral parishes, precincts, and places within your hundred, ac-
cording to the form hereon indorsed \or hereto annexed].
Given under our hands and seals, the day of 18 7»
W. S.
J. c.
Form of the High Constable's Warrant.
To the Constable of the parish of .
to wit. By virtue of a warrant from His Majesty's
justices of the peace, acting in and for the division of
in the said county, directed to me, you are hereby required to
C 2
20 Alehouse.
give notice to all licensed alehouse keepers and inn keepers,
within your division, and also to all persons unlicensed (so far
as the same shall come to your knowledge), who intend to
offer themselves to be licensed *t the next general meeting of
the said justices for that purpose, that they personally be
and appear before the said justices, at on the day
of September next ensuing, at the hour of eleven in the fore-
noon of the same day, to take or renew their licenses for the
year ensuing ; and also to give them notice that every person
"then and there to be licensed, must personally enter into a
recognizance in the sum of ^10. together with two sureties
in ^^5. each, or one surety in ^10. that they will not use or
suffer any unlawful games, and that they will keep good rule and
order within their respective houses and other places ; and if
any should be hindered by sickness or other reasonable cause,
to be allowed by the said justices, that he must procure two
isureties then and there to be bound in like manner in .i^'lO.
*ach.
And unto such persons as have not been licensed for the
year preceding, you are further to give notice, that no license
will be granted to any one, unless he shall also, at the same
time and place, produce a certificate, under the hands of the
minister and the major part of the churchwardens and over-
seers, or else of three or four respectable and substantial
housekeepers of the place where he inhabiteth, setting forth
that he is of good fame, and of sober life and conversation.
And you are to make a return to the said justices, at the
same time and place, in writing, under your hand, containing
the names of all such persons as you shall have summoned to
appear before them as aforesaid, together with their dwelling
places, and the signs by which their houses are known. Here-
in fail not. Given under my hand, at in the said county,
this day of 1817.
A.B. High Constable.
Certificate of the Minister, S^c. to enahle the Justices to grant
a Transfer of a Victualler's License.
To the worshipful the Justices of the Peace, acting in and
for the division of in the county of .
We, the undersigned minister, churchwardens,
overseers of the poor, and inhabitants of the parish of — — in
jlleliouse. 21
the county of , do hereby certify that A. B. of in the
said county, yeoman, is a person of good fame and reputation,
and of sober life and conversation. Witness our hands, this
day of 1817.
C. D. Minister.
P TT* > Church or Chapel-wardens.
E. F.
I.
L. M. ) Overseers.
N. O, &c. Inhabitants.
Certificate for the General Licensing Day.
— ■ — to wit. We, the minister, churchwardens, overseers,
and other substantial householders and inhabitants of the
parish of in the said county, do hereby certify the good
behaviour of A. B. wlio keeps the house known by the sign of
the in the said parish, and that we have heard of no disor-
derly behaviour or unlawful games being suffered in the said
public house, since the last general licensing day of victual-
lers for this division, and believe him to be a person of good
fame, and sober life and conversation, and therefore v/e have
no objection to his having a license to the said house, if your
worships so please. Given under our hands, this day of
1817.
Allowance of Certificate,
■Division of . We, two of His Majesty's jus-
tices of the peace for the county of acting in and for the
division of in the said county, having this day granted a
continuance of the license to the above house, do hereby
attest that the above certificate was at the same time pro-
duced unto and allowed by us. Dated this day of ^
1817.
Victualler's Recognizance taken at the General Licensing Day.
—— Division, to wit. At a general meeting of His
Majesty's justices of the peace for the said county of — —
C 3
22 Alehouse.
acting ;a and for the division of in the county afore-
said, holden at the house known by the sign of the in
• in and for the said division, on the day
of September, 181 7.
A. B. of —, victualler, acknowledges to owe
to our sovereign Lord the King, the sum of j^lO. C. D. of
■ baker, acknowledges to owe to our sovereign T^ord the
King, the sum of £b. E. F. of gardener, acknowledges
to owe to our sovereign Lord the King, the sum of ^'5. to be
levied of their several goods and chattels, lands and tenements
respectively, to the use of our said sovereign Lord the King,
his heirs and successors, if the said A. B. shall make default
in the condition underwritten.
Whereas the said A. B. is this day licensed to
keep a common inn, alehouse, or victualling-house, and to
utter and sell bread and other victuals, beer, ale, and other
exciseable liquors, in the house wherein he now dwelleth,
being the sign of the in the parish of within the di-
vision aforesaid, for one year, to commence on the twenty- ninth
day of September instant. Now the condition of this recog-
nizance is such, that if the said A. B. do and shall keep the
true assize in uttering bread and other victuals, beer, ale,
and other exciseable liquors, in his said house, according to the
tenor, purport, and true meaning of the said license, so to him
granted ; and shall not have, permit, or suffer any playing at
cards, dice, skittles, tables, bowls, or any other game or games,
in his house, out-house, yard, garden, or backside, or other
place or places, nor use any means or instruments for gaming
or unlawful pastime, nor suffer any person to become drunk,
or remain there tippling or drinking, contrary to law, nor suf-
fer any disorder to be committed therein, but do maintain and
keep good order and rule in the same, according to the laws of
this realm, in that behalf made and provided, tlien the said re^.
cognizance to be void, otherwise to remain in full force.
Taken and acknowledged the day and year
first above written, before us,
W. S.
J. c.
Alehouse, 23
Victualler's License.
' to wit. At a general meeting of His Majesty's justices
of the peace, for the said county of holden at •
within the said county, on the day of September, for
the purpose of authorizing and empowering persons to keep
common inns, alehouses, or victualling houses.
We, His Majesty's justices of the peace,
for the division of do liereby authorize and empower
A. B. at the sign of the in the parish of in the
county aforesaid, to keep a common inn, alehouse, or victual-
ling house, and to utter and sell in the house in which he now
dwelleth, and in the premises thereunto belonging, and not
elsewhere, victuals, and all such exciseable liquors as he shall
be licensed and empowered to sell under the authority and per-
mission of any excise license which shall be duly granted by the
commissioners of excise, or persons to be appointed or em-
ployed by them for that purpose, or by any collector and super-
visor of excise respectively, provided that the true assize in
bread, in beer, ale, cyder, and all other liquors, be duly kept,
and that no unlawful game or games, or any drunkenness or
other disorder, be suffered in his house, yard, garden, or pre-
mises, but that good order and rule be maintained and kept
therein, according to the laws of this realm in that behalf
made : The authority and pov/er hereby granted to continue in
force for one whole year from the twenty-ninth day of Septem-
ber, and no longer.
Signed, W. S.
J. C.
Vlchialler's Certificate for conilnulng the License granted at
the general Licensing Day to a Person coming in after
the death or removal of the late Occupier, hy Stat. 48
Geo. III. c. 1 13, s. 6.
to wit. Whereas at a general meeting of His Ma-
jesty's justices of the peace, acting in and for the division of
in the county of holden within the said county. In
the month of September last, for the purpose of authorizing
and empowering persons to keep common inns, alehouses, or
C 4,
24 Alehouse.
victualllnsr houses within the said division, A. B. of the parish
of within the said division, was duly authorized and em-
powered to keep a common inn, alehouse, or victualling house,
and to utter and sell in the said house, known by the sign of
the in the said parish of in which he then dwelt,
and in the premises thereunto belonging, and not elsewhere,
victuals, and all such exciseable liquors as he should be li-
censed and empowered to sell under the authority and per-
mission of any excise license which should be duly granted by
the commissioners of excise, or persons to be appointed and
employed by them for that purpose, or by any collector and
supervisor of excise respectively; provided that the true assize
in bread, in beer, ale, cyder, and all other liquors should be
duly kept, and that no unlawful game or games, or any drunk-
enness or other disorder should be suffered in his said house,
yard, garden, or premises ; but that good order and rule should
be maintained and kept therein, according to the laws of this
realm In that behalf made : The authority and power thereby
granted to continue in force for one whole year, from the twenty-
ninth day of the said month of September_, and no longer.
And whereas it has been made appear unto me that the said
A. B. duly obtained an excise license for the purposes and
time aforesaid, and that the said A. B. is now removed
from the said house : These are to certify, that I, being one
of tlie justices of the peace acting within the said division, do
approve of C. D. the person to whom this certificate is given,
as a fit person to be authorized and empowered to sell beer
and ale by retail, or cyder and perry, to be drank and con-
sumed in the said house and premises where the said A. B.
carried on his trade, during the residue of the term for which
his license was originally granted.
Given under my hand, this day of 181 7.
Information for selling Jle and Beer without a License.
to wit. Be it remembered, that this day of •
1817, A.B. of yeoman, in his proper person, as well for His
Majesty as for himself, maketh and exhibiteth to me, S.P. Esq.
one of His Majesty's justices of the peace in and for the said
county, his complaint and information, that on the day of
■ now last past, and at divers times between that day and
Alehouse. 25
the time of exhibiting this information and complaint, one C. D.
of yeoman, at in the said county, did sell ale and
beer, and other exciseable liquors, by retail, without being duly
licensed so to do, whereby the said C. D. hath forfeited the sum
of ^20. and also the costs and expenses of convicting the
said C. D. for the said offence, and that E. F. of is a
material witness to be examined concerning the premises;
whereupon the said A. B. who, as well for His said Majesty
as for himself exhibiteth this information, prays judgment of
me the said justice, in the premises, and that he may have
one moiety of the said sum of 3^20. and also the costs and
expenses of convicting the said C. D. of the said offence, ac-
cording to the form of the Statute in that case made and pro-
vided, and that the said C. D. may be summoned to answer
the said complaint and information, and the said E. F, to tes-
tify his knowledge of the premises.
Taken before me,
S. P.
Summons to the Party.
To the Constable of
to wit. Whereas complaint and information hath this
day been made before me, S. P. Esq. one of His Majesty's
justices of the peace in and for the said county, by A. B. of
yeoman, stating, that on the day of now
last past, and at several times between the said day of
and the time of exhibiting his said complaint, one C. D.
of in the said county, yeoman, at aforesaid, in the
county aforesaid, did sell ale and beer, and other exciseable
liquors, by retail, without being duly licensed so to do, and
that £. F. of in the said county, is a material witness
to be examined concerning the said premises: These are there-
fore, to require you forthwith, on receipt hereof, to summon
the said C. D. personally to be and appear before me, at
in the said county of on the day of at
the hour of in the forenoon of the same day, to answer
the said complaint of the said A. B. who is likewise directed to
be there, to make good the same. And be you then and there
to certify wiiat you have done in pursuance hereof. Given
under my hand and seal, this day of 1817,
26 jllehouse.
Summons for a Witness to attend and give Evidence,
To the Constable of
l^Set forth the complaint as in last precedent.'] These
are therefore to require you, immediately on receipt hereof,
to summon the said E. F, to be and personally appear before
me, at — in the said county, on the day of at the
hour of in the forenoon, to testify his knowledge of and
concerning the premises. Herein fail not. Given under my
hand and sealj this day of 181 7»
Conviction of Offender.
. C. D. is convicted, on the oath of A. B. [or on his
confession, if so] of having sold ale, beer, or other liquors, [as
the case is] in the parish of in this county, on the
day of without being licensed according to law, [or after
having been disabled to sell the same] for which offence he, the
said C. D. hath forfeited the sum of besides the costs
and charges attending his conviction, which costs I the said
justice do assess at the sum of pursuant to the Statute in
that case made and provided. This is the first, [or second]
offence. Given, &c,
J^otice of Conviction to the Party ^ and demand of Penalty and
Costs, previous to a Distress Warrant.
To the Constable of — —
to wit. Whereas C. D. of in the county of
is duly convicted before me, S. P. Esq. one of His
Majesty's justices of the peace in and for the said county, for
having sold ale, beer, or other exciseable liquors [as the fact
is] without being duly licensed according to law, whereby
he hath forfeited the sum of besides the costs and ex-
penses attending the conviction, which costs I have ascertained
at the sum of according to the Statute in that case made
and provided; These are therefore to authorize and require you
the said constable, to demand and receive of and from him the
said C. D. the sura of ; the sum of , being one half
Alehouse. 27
thereof, you are to pay to A. B. of who informed me of
the said offence, and , the other half tliereof, you are to pay
to the churchwardens and overseers of the poor of the said
parish of for the use of tiie poor of the said parish ;
and if he the said C. D. shall refuse or neglect to pay the said
sum of and for the space of three days after
notice of this my order (which notice you are hereby required
and strictly enjoined to give unto him the said C. D. by
either personal service of this my precept, or leaving a copy
thereof for him at the place wliere the said offence
was committed) then you are to certify to me such refusal
and neglect, in order that sucii further proceedings may be had
thereupon as the Act of Parliament directs. Given under my
hand and seal, the day of 181 7'
Warrant of Distress on refusal to pay Penalty and Costs
after demand.
To the Constable of
■ to wit. Whereas C. D. of was on the ■
day of last, duly convicted before me, S. P. Esq. one of
His Majesty's justices of the peace in and for the said county,
that he, the said C. D. did, on the day of last past,
sell ale, &c. without being duly licensed, whereby he hath
forfeited the sum of besides the costs and expenses at-
tending the conviction, which costs I have ascertained at the
sum of . And whereas 1 the said justice did issue my
precept on the day of last, directed to tlie constable
of • requiring him to demand and receive of and from the
said C. D. the said sum of and the sum of r foj- the
said costs and expenses. And whereas it dotli appear to me,
upon tiie oath of the constable aforesaid, that lie did, on
the day of last, duly demand the said sums of
and of and from the said C. D. but that he the said C. D.
then and there refused to pay the same ; These are therefore to
command you forthwith to levy the said sums of and
by distraining the goods of him the said C D. and if within the
space of six days next after such distress taken, the said sums,
together with the reasonable charges of taking and keeping the
said distress shall not be paid, that then you do sell the said
goods, and out of the money arising by such sale, that you pay
28 j4lehous€.
the sum of , being one half of the penalty, to A. B. of
the informer, and the sum of , the other half there-
of, to the churchwardens and overseers of the poor of the
parish of for the use of the poor of the said parish, ren-
dering to the said C. D. the overplus upon demand. And
if the said CD. is not able to pay the sum of — — and
and sufficient distress cannot be found whereby the same
may be levied, then you certify the same to me, together with
the return of this my warrant. Given under my hand and seal,
this day of 1 8 1 /•
Constable's Return to be indorsed on the hack of the fore-
going fVarrant,
to wit. M. N. constable of in the said county,
inaketh oath and saith, that he hath made diligent search for,
but doth not find or know of any goods of the within-named
CD. whereon he can levy the sum of money required by the
within warrant.
Sworn before the wIthin-named justice,
this dayof 1817.
Warrant of Commitment in default of I^istress,
. To the Constable of in the said county, and to
the Keeper of the Common Gaol, at in the said county.
Whereas C D. of in the said county of
was on the day of duly convicted, before me,
S. P. Esq. one of His Majesty's justices of the peace in and
for the said county, for selling ale, beer, or other exciseable
liquors [as the fact is] without being duly licensed so to do
according to the form of the Statute in that case made and
provided, whereby he hath forfeited the sum of ^€"20. be-
sides the costs and expenses of the conviction, which costs
and expenses I have ascertained and assessed at the sum of
according to the form of the Statute in that case made
and provided. And whereas the said C D. on the
day of had notice of the said conviction, and hath re-
fused or neglected to pay, and hath not paid the said several
sums of <^'20. and ; I do, therefore, hereby require and
command you, the said constable, to apprehend the said C. D.
Alehouse, 29
and him convey to the common gaol at In the said
county, and there deliver him to the said keeper thereof,
together with this precept. And I do hereby charge and
command you, the said keeper of the said gaol, to receive
into your custody, in the said gaol, him the said C. D. and
liim there safely keep for the space of calendar months^
unless he should sooner pay the said several sums of ^20.
and also the costs, charges, and expenses attending the
said conviction. Given under my hand and seal, the
day of in the year of our Lord 1817.
The Information against a Person for being drunk,
The Information of J. J. of in the said
county of yeoman, exhibited before S. P. Esq. one of
His Majesty's justices of the peace in and for the said
county, the day of in the year of our Lord, 1817,
who upon his oath deposeth and saith, That A. B. of
in the county aforesaid, labourer, on the day of — —
in the said year 1817, at the parisli of in the said
county, was drunk, contrary to the Statutes In such case
made and provided, whereupon he, the said J. J. praycth
that he the said A. B. may be convicted thereof, and forfeit
the sum of 5s. to the use of the poor of the said parish, as by
the said Statutes is directed and required.
Sworn before me,
S.P.
A Summons on this Information,
— — . To the Constable of
Whereas Information, upon oath, hath beei3
made before me, S. P. Esq. one of His Majesty's justices of
the peace in and for the said county of that A. B. of
in the said county, labourer, on the day of
in the year 1817, at the parish of In the said county,
was drunk, contrary to the Statutes In such case made and
provided ; These are therefore to require you, on sight here-
of, to summon the said A. B. to be and personally appear
before me, at In the said county, on the day
pf now next ensuing, at the hour of eleven in the fore-
so Aleh
iouse.
hoon of tlie same (!ay, to make defence and answer tmto the
said information, and shevv cause why the penalty of 5s.
should not be levied on the goods of him the said A. B,
for the said offence, according to the Statute in such case
made and provided ; and be you then and there present, to
certify what you have done in the premises. Given under my
hand and seal, the — day of -— in the year 181 7.
A Conviction of Drwikeiiness by a Justice on his own View»
to wit. Be it remembered, that on the day of
' ' in the 57th year of the reign of our sovereign Lord,
George the Third, King of the united kingdom of Great
Britain and Ireland, at the parish of in the county of
S. P. Esq. one of the justices of our said Lord the
King, assigned to keep the peace of our said Lord the King,
in and for the said county of and also to hear and
determine divers felonies, trespasses, and other misdemean-
ors committed in the said county, personally saw and viewed
one A. B. late of the parish aforesaid, labourer, drunk, con-
trary to the form of the Statutes in such case made and
provided; whereupon it is considei*ed and adjudged by me,
the said justice, that the said A. B. be convicted, and he is
by me accordingly hereby convicted of the offence of drunk-
enness, upon my own view then and there had, according to
the form of the Statute in such case made and provided; and
I do hereby adjudge, that the said A. B. for his said offence,
has forfeited the sum of 5s. to be paid and distributed; arfd
which I hereby order to be paid and distributed, as the law
in that behalf directs. In witness whereof, I, the said justice,
to this present conviction have set my hand and seal, the day
and year above written.
Warrant to the Churchwardens to receive the Penalty.
' To the Churchwardens of the parish of • ■ in the
said county.
Whereas A. B. of in the said county of
, labourer, is convicted before me, S. P. Esq. one
of His Majesty's justices of the peace in and for the said
county, for that he, the said A. JB. on the .■ day of — —
Alelioiise, 3t
In the year 1817, at the parish of in the saitl county^
Was drunk, contrary to the Statutes in such case made and
provided, whereby he hath forfeited the sum of 5s. to the
use of the poor of the said parish of ; These are there-
fore to require you to demand and receive of and from him the
said A. B. the said sum of 5s. to be by you accounted
for to the use of the poor of the said parish, and if he shall
refuse or neglect to pay the same by the space of one week
after such demand made, then you are to certify to me
such refusal and neglect, in order that such proceedings may
thereupon be had as the Statutes in that behalf made direct
and require. Given under my hand and seal, tlie day
of in the year 1817.
Warrant of Distress.
(This may be in the same form as the Warrant, p. 27^ as
also the Constable's Return.)
Comynltment to the StocTcs,
To the Constable of
. Whereas A. B. of —^ — in the said county of
« , labourer, was on the ■ day of duly convicted
before me, S. P. Esq. one of His Majesty's justices of the
peace in and for the said county, for that he the said A. B. on
the day of- in the year 1817, at the parish of in
the said county, was drunk, contrary to the Statutes in that
case made, whereby he has forfeited the sum of 5s. and
wiiereas it appears to me that the said A. B. is not able to pay
the said sum of 5s. These are therefore to require you, in
His Majesty's name, to set him, the said A. B. in the stocks,
there to remain for the space of six hours. Given under my
hand and seal, the day of 1817.
The foregoing Forms ivill serce, ivith trifling alterations, for
recovering of the Penalties for Tippling. — TTie Complaint
may be stated asfolloics :
That on the day of in the year of our
Jx)rd 1817, at the parish of A, B. alehouse keeper, keep-
32 Alehouse,
infj tlic alehouse known by the sign of the — — did permit and
sulKr C. D. of the said parish, labourer, to continue drinking
and tippling tiierein for the space of five hours, contrary to the
Statute, &c. whereupon the said A. B. hath forfeited for his
said oftence the sum of 10s. of lawful money, &c.
Conviction^ on view of a Justice, for suffering Tippling in his
House,
to wit. Be it remembered, that oh the — — day
of in the 57th year of the reign, &c. and in the year of
our Lord 1817, A. B. keeper of the alehouse called or known
by the name or sign of the > in the town of ' in the
parish of in the said county of is on this day
of aforesaid, at aforesaid, found by me, S. P. Esq.
one of the justices of our said Lord the King, assigned to keep
the peace of our said Lord the King,, in and for the said county;
and also to hear and determine divers felonies, trespasses, and
other misdemeanors, done and committed in the said county,
upon my view, permitting and suffering the following per-
sons, to wit, C. D. and E. F. to remain and continue
drinking and tippling in his said alehouse, between the
hours of eleven and twelve in the evening of the day of
against the form of the Statute in that case made and
provided, they tlie said persons not being invited, nor either of
them being invited by any traveller, and accompanying him
only during his necessary abode there, and neither of them
being a labourer or handicraftsman, at his dinner, and neither
of them being a labourer or workman, who, for the fol-
lowing his work in the said town of sojourns, lodges, or
victuals in the said alehouse, and neither of them being at the
time for urgent and necessary occasions allowed by two
of His Majesty's justices of the peace to tipple there: And
the said A. H. being now on the aforesaid day before me
the said justice, and by me charged with the said offence, the
said A.B. is asked by me why he doth permit or suffer the
persons aforesaid to continue drinking or tippling in his said
alehouse ; but the said A. B. hath nothing to say, nor can he
say any thing in his defence touching the premises. And
thereuj)on the said A. B. on this day of in the 57th
year, &c. before me liie said justice, on my view, according to
Aliens. > 33
the form of the Statute aforesaid is convicted, and for the of-
fence aforesaid hath forfeited the sum of lOs. to the use of the
poor of the parish of in the county aforesaid. In witness
whereof 1 the said justice to this present record of conviction
have set my hand and seal, at aforesaid, in the county
aforesaid, the day and year above written.
Conviction (general.)
Under 30 Geo. II. of an Alehouse Keeper for suffering Gamitig
by Servants J 6fc. or for Servant, ^-c. found Gaining.
■ to wit. Be it remembered, that on this day of ■
in the 57th year of His Majesty's reign, A. B. is convicted
before J. C. Esq. one of His Majesty's justices of the peace
for the said county of for [state the offence] and I the
said J. C. do adjudge him to pay and forfeit the sum of .
Given under my hand and seal, this day of — — in the
year aforesaid.
ALIENS.
By Stat. 55, Geo. III. c. 54, Aliens to depart the
king-dom within the time limited by proclamation
issued for that purpose, and in default, any justice
may cause them to be arrested and sent to the com-
mon gaol, until taken in cliarge for the purpose of
being sent out of the kingdom ; aliens disobey-
ing such proclamation, any justice may adjudge
them to suffer imprisonment not exceeding one
month for the first, nor two months for the second
oifence, s. 2, 3. Justice to send copy of his con-
victions to the Secretary of State, with the particu-
lars of the case, s. 5.
Aliens not to land in this kingdom without per-
mission, and if so, they shall be taken into custody
D
34 Ali
tens.
and carried before a justice, who shall commit
them to gaol until His Majesty's pleasure be
known, s. 7«
Masters of vessels wilfully neglecting to conform
to the directions of this act, shall forfeit ^40. for
every alien so landed, to be recovered before a jus-
tice, one moiety of the penalty to the informer and
the other to the King, s. 13.
Master of any vessel having aliens onboard to give
to the Inspector of Aliens, or the Collector or
Comptroller of the Customs of any port to which
his vessel shall arrive, a declaration stating the
number, names, rank, &c. of the persons, under a
penalty of ^20. to be recovered before one or
more justice or justices, on confession or oath of
one or more witnesses and Inspectors; or Custom-
house Officers to detain vessels until penalty paid,
s. 8.
An alien arriving in this kingdom, or who shall
depart from any port or place in this kingdom, to
make declaration in writing to Inspector, &c. of his
name, rank, occupation, and other particulars ; in
default of which, or giving a false statement, to
be imprisoned not exceeding one month, on con-
viction before one or more justices of the peace,
s. 9. This act not to include mariners, certified by the
master to be employed in navigating the vessel;
and if any master shall refuse to grant his certifi-
cate, a justice may summon, and if on the hearing
the justice shall be of opinion that such certificate
Aliens. 35
should be granted, and such master should never-
theless refuse to grant, he shall be fined ^20. to
the King, and on non-payment be imprisoned not
exceeding one month, s. 11.
No alien to depart from the place of arrival
without a passport from a justice of the peace,
who may refuse it upon sufficient grounds, and
commit the alien to gaol until he shall transmit to
the Secretary of State the particulars and causes of
his refusal, s. 14 ; aliens wishing to change their
residence, must likewise obtain a passport or li-
cense for that purpose from the mayor, chief ma-
gistrate, or justice of the peace from the county or
town where resident, s. 15 ; and mayor, chief ma-
gistrate, or justice of the peace may require aliens
to exhibit their passports, and may commit them
to gaol in case of refusal, s. i6.
Aliens being required by any proclamation to re-
side in a particular place, and disobeying the same,
may be committed by one justice to gaol, and im-
prisoned not exceeding six months, s. 19.
Houses of aliens may be searched for arms, &c.
by warrant of one justice, s. 21.
Aliens at large without license, may be impri-
soned not exceeding six months, at the discretion
of the justice before whom the^ shall be convicted,
S. 23.
Persons receiving aliens as lodgers, to require
their licenses, and shall send same to the next jus*
tice of peace, &c. or give notice that no license pro-
D 2
36 Almanaclcs. — Ajjpeal.
diircd, under a penalty of dB'^0. half to be paid to
the informer and half to the poor, s. 30. and such
pereons havin;^ alien lodgers, shall g^ive notice in
"vvritins^ to such justice, with a description, &c. of
the alien, under a like penalty of ^10. s. 32.
Penalties on tliis act under .^40. to be recovered
before one justice, and levied by distress and sale
of the offender's goods, s. 46.
ALMANACKS.
The act 55 Geo. III. c. 184, grants anew duty
on aim. macks.
Persons exposing to sale any almanack, un-
stamped, shall, on conviction before one justice, on
the oath of one witness, be committed to the House
of Correction for not more than three months ;
any person may apprehend the offender, and
carry him before such justice, and such person
shall be entitled to 20s. on producing a certificate
of the conviction under the hands of the justice, to
be paid by the Receiver-General of the Stamp Du-
ties, l6 Geo. II. c. 26, and 30 Geo. II. c. 19.
APPEAL.
An appeal is granted by 17 Geo. III. c. 106, on
certain conditions, from a conviction by a justice of
peace to any quarter session to be hoiden within
six months after such conviction. If the appellant
lodge his appeal and the court dismiss it because
the conditions have not been complied with, and
Apfles and Pears. 37
corififm the conviction, such judgment is conclusive,
and the party cannot lodge a second appeal from
the same conviction though within the six months
allowed. — Rex v. the Justices of the West Rid-
ing of Yorkshire, 3 T. R. 776. — One of the con-
ditions of the act requires the justice to give no-
tice to the party convicted, of his right to appeal
to the session; if the justice inform, him of such
right, and he enter into recognizance, the sessions
are bound to receive the appeal, though he did not
give the notice in writing. — Rex v, the Justices of
Leeds, 4 T. R. 583.
Under Stat. 13, Geo. IIL c. 78, no appeal lies to
the quarter session against the allowance of the ac-
counts of the surveyor of the highways, — Rex
V. the Justices of the West Riding of York-
shire, 5 T. R. 628, — and Rex v. M. Mitchell,
5 T. R. 701. — For further information respecting
appeals to the sessions, see title " Poor, ^c."
APPLES AND PEARS.
The measure called the water measure, to be
round, and in diameter eighteen inches and a half
within the hoop, and eight inches deep, and such
measure shall be heaped; and persons buying or
selling apples or pears by any other measure, to
forfeit lOs. half to the informer and half to the
poor, on cohviction, by oath of one witness before
one justice, to be levied by distress and sale, 1 Ann,
D 3
33 Apprentices.
Stat. 1, c. 15, s. 1. ; but this act not to extend to
measures sealed and allowed by the Fruiterers*
Company of London, s. 2.
[For robbing Orchards, &c. see " TVoodr^
APPRENTICES.
By Stat. 54 Geo. III. c. ^Qy the act of 5 Eliz. is
repealed so far as respects the prohibition of per-
sons carrying on any trade, &c. unless they had
served an apprenticeship for seven years ; but this
act does not affect or in any wise alter the customs
or orders of the City of London respecting ap-
prentices.
Justices of peace may hear and redress com-
plaints between masters and their apprentices,
5 Eliz. c. 4. — 2 and 3 Ann, c. 6. — and 20 Geo. II.
c. 19. — and by the first statute, if the dispute can-
not be adjusted, the justice may bind over the par-
ties to the sessions, and the apprentice may there
be discharged by order under the hands and seals
of at least four justices.
Overseers of the poor, with the assent of two
justices, may bind poor children apprentices, —
43 Eliz. c. 2, — and by 2 Ann, c. 6, parish boys
bound apprentices may be turned over to the sea
service. — By 18 Geo. III. no such poor child shall
continue an apprentice after the age of 21 .
By 42 Geo. III. c. 46, overseers must keep a
register book of all children bound apprentice by
them; each entry to be signed by the justices ac-
cording to the form set forth in the following
Schedule :
jflppr entices.
Z9
Magis-
trates as-
senting.
(To be
signed
by them-
•^eloes.)
Over-
see rs Par-
ties tothe
Inden-
ture Oi
Assign-
ment.
Appren-
tice or
Assign-
men tFee
Term of
the Ap
prentice-
ship or
Assign-
ment.
His or
her Re-
sidence.
His or
her
Trade.
Name of Per-
son to whom
bound or as-
signed, as the
case may be.
Their
Resi-
dence.
His or
her Pa-
rents'
Names.
Age
Maine of
tlje Ap-
prentice.
Date of
Inden-
ture.
d
40 apprentices.
Overseer refusing; or neg-lectiiig- to provide such
book, or iDuivC such entry, or altering-, destroying,
defacing, or obliterating- the same, or not making- a
true entry, or shall refuse to produce such book to
the justice, or shall not deliver the same to his
successor Avithin fourteen days after his appoint-
ment ; or if such successor shall refuse to receive
the same, then such person so offending shall
forfeit ^5. for every such offence, on conviction
before any two justices of the place where offence
committed, on confession or oath of one witness,
to be recovered by distress and sale, or in default,
to be committed for not exceeding one calendar
month, unless penaltysooner paid; and a like entry
to be made of every apprentice assigned under
32 Geo. III. c. 5/.
In parish indentures officers of the parish must
be parties, and justices must signify their assent,
or indentures are void; and it is proper that the
justices should sign their assent together, but it is
sufficient if one magistrate signs alone, provided
he is present at the signing by the other. —
3 T. R. 380.
By 51 Geo. III. c. 8o, 81, If parish indentures
are signed by two only of the churchwardens or
overseers, they are valid ; and by 54 Geo. III.
c. 107, indentures are valid, though executed by a
person who at the time of signing the said inden-
tures acted as churchwarden, &c. of a township,
hamlet, or chapelry, provided such person shall
^apprentices. 41
have been sworn into the office of churchwarden,
&c. of the joffrwA wherein the township, &c. is con-
tained ; and an indenture of apprenticeship exe-
cuted by the overseer of a township which has no
churchwardens, is valid, though the churchwardens
of the parish in which such township is situate
do not join in the execution. — 16 East. 228.
Money given . for placing poor children appren-
tice shall be employed in corporate towns by the
corporation, and in other places by the minister,
constables, and churchwardens. — 7 James I.
c, 3.
Two justices, by 20 Geo. II. c. 19, on complaint
from apprentices with whom no more than ^5.
were paid, may summon the master^ and on proof
of ill usage may discharge the apprentice whether
the master be present or not, if service of summons
be proved ; or on complaint of the master the ap-
prentice may be discharged from his indentures on
proof on oath of ill-behaviour, s. 4. — On com-
plaint of the master against the apprentice, and
proof upon oath, they may commit the offender.
for not more than three months, to the house of
correction. — ^32 Geo. III. c. 57. Chitty's App. 93.
And it is not necessary that the complaint should
be on the oath of the master ; but the complaint
must be made by him, and the fact may be proved
on the oath of another person, — 12 East's Rep. 248.
Two justices on complaint of apprentice, whether
parish apprentice or otherwise, with whom not
42 yjppr entices,
more than ^'lo. is ^^iven, of ill usage by master,
may fine such master not exceeding 40s. 33 Geo.
III. c. 5^, to be levied in case of default by dis-
tress and sale ; such fine may at the discretion
of the justices imposing it, be paid as a recom-
pense to the apprentice, s. 1 ; and for want of
distress, offender may be committed to the house
of correction not exceeding ten days, id.
A justice, by 6 Geo. III. c. 25, may compel ap-
prentice absenting himself from his master's ser-
vice, to serve for such term as he shall have ab-
sented himself, or make satisfaction. This does
not extend to apprentices vi^ith whom a premium of
^10. has been paid; nor to those whose appren-
ticeship shall have been expired seven years.
Covenants for the maintenance of parish appren-
tices, with whom no more than ^5. is given, shall
continue in force no longer than three months after
the master's death. — 32 Geo. III. c. 47, s. 1. but
two justices, on application to them for that purpose,
may order that the apprentice serve the residue of
his term to the widow, husband, son, daughter,
brother, sister, or administrator, s. 2. And if no
application, or the justices should think fit, the ap-
prenticeship shall be at an end, s. 4. To extend to
such parish apprentices only as shall be living witji
the master, s. 5. And two justices may order tK'e
necessary sums for maintenance, &c. of such apr
prentice, to be levied by distress, s. 9.
Parish apprentices, with wliom no more than
apprentices. 43
^5. is given, may be assigned by the master, with
the approbation of two justices; and apprentices
may be discharged whose masters cannot find
employ, or maintain them, s. 9.
Two or more justices on complaint of parish ap-
prentice of cruelty or ill-treatment by his master, may
discharge such apprentice from his apprenticeship,
20 Geo. II. c. 24; and justices discharging appren-
tice under this act, may order his master to deliver
up his clothes and wearing apparel, and also pay to
the churchwardens and overseers of the poor of the
parish to which such apprentice shall belong, a sum
not exceeding ^10. to be applied in placing out
such apprentice again; and also a sum not exceed-
ing ^5. in case such master shall ef use to deli-
ver up such clothes, &c. in case of default the
said sum may be levied by warrant of two justices
by distress and sale of the defaulter s goods, toge-
ther with the expenses of such sale; and justices
may compel parish officers to enter into recogni-
zance to prosecute master for ill-treatment, and
order the expenses of such prosecution to be paid,
one moiety out of the poors' rate of the parish to
which apprentice belongs, and the other moiety
out of the common stock of the county; and parish
officers refusing to pay such moiety, the same may
be levied ])y distress and sale, s. 11. Justices
may order any master convicted of ill-treatment, &c.
(when again liable to take a parish apprentice,)
to pay to the parish officers any sum not more than
44 ^j)prentices.
^10. nor less than ^3. for the purpose of binding-
out such child to another person, in default such
sum to be levied by distress and sale, s. 12.
Masters may appeal to quarter sessions; and on
notice of such appeal, no distress to be made till
after the sessions ; penalty for not appealing, after
notice, 40s. s. 12.
All other persons aggrieved may also appeal,
s. 14, and the decision of the sessions conclusive.
Apprentices discharged for ill behaviour may be
sent to the house of correction, to be corrected and
kept to hard labour, for any time not exceeding
three months, s. 13.
A Parish Indenture of Apprenticeship ,
by 43 Eliz. c. 2.
This Indenture, made the day of
in the year of our Lord 1817, between A. B and C. D.
churchwardens, and E. F. and G. H. overseers of the poor
of tlie parish of. in the county of of the one
part, and A. M. of in the said parish, [shoemaker], of
the other part, witnesseth. That the said churchwardens and
overseers of the poor, by and with the consent of
two of His ^Majesty's justices of the peace for the said county,
dwelling near to [or vi] the said parish of one
uhereot is of the quorum, have put, placed, and bound, and
by these presents do put, place, and bind A. P. a poor boy,
whose parents B. P. and C. P. are not able to maintain him,
of the age of years, to be an apprentice with him the
said A. M. and as an apprentice with him the said A. M. to
dwell, from the date of these presents, until the said A. P.
sliall come to the age of years, [or (if a female),
until tJie said A. P. shall come to the age of years, or
the time of her marriage, which shall first happen] according
to the Statutes in such case made and provided. By and
during all which time and term, the said A. P. shall the
Apprentices. 45
said A. M. his said master, well and faithfully serve in all
such lawful business as the said A. P. shall be put unto by
the command of his said master, according to the power, wit,
and ability of him the said A. P. and honestly and obediently
in all things shall behave himself towards his said master, and
honestlv and orderly towards the rest of the family of the said
A. M. " And the said A. M. for his part, for himself, his
executors, and administrators, doth hereby promise and co-
venant to and with the said churchwardens and overseers of
the poor, and every of them, their and every of their execu-
tors and administrators, and their and every of their suc-
cessors for the time being, and to and with the said A. P.
that he the said A. M. shall the said A. P. in the craft, mys-
tery, and occupation of a [iilloemaher^., which lie the said
A. M. now useth, after the best manner that he can or may
teach, instruct, and inform, or cause to be taught, instructed,
and informed, as much as thereunto belongeth, or in any
wise appertaineth ; and that the said A. M. shall also find
and allow unto the said apprentice sufficient meat, drink,
apparel, washing, lodging, and all other things needful or
meet for an apprentice, during the term aforesaid. In wit-
ness whereof tlie said parties have hereunto set their hands
and seals, the day and year first above written.
Proviso to he added to the Covenant for Maintenance,
by 32 Geo. III. c. 57.
Provided always. That the last-mentioned co-.
venant on the part of the said A. M. his executors and admi-
nistrators, to be done and performed, shall continue and be in
force for no longer time than three calendar months next after
the death of the said A. M. in case he rhe said A. M. shall
happen to die during the continuance of such apprenticeship,
according to the provisions of an act passed in the thirty-
second year of the reign of King George the Third, intituled,
*' An Act for the further Regulation of Apprentices."
The Assent of tvco Justices.
. We, W. S. and S. P. two of His Majesty's jus-
tices of the peace for the abovementiuned county of ~ — ,
46 Jlpprentices.
divellin": near to the abovementioned parish of , and one
of us of the quorum, do liereby declare our assent to the
binding of tlio above-named A. P. an apprentice to the above-
named A.M. according to the form and effect of the above-
written indenture. Given under our hands, the day
of, &c.
Warrant to levy j^lO. for not receiving a Poor Apprentice,
on the Stat, of 8 and S Wm.
. To the Constable of
Whereas A. B. and C. D. churchwardens, and
E. F. and G. H. overseers of the poor of the parish of
in the said county, by the assent of [us] W. S, and S. P.
two of His Majesty's justices of the peace for the said
county, dwelling near to [or, in] the said parish of
one whereof is of the quorum, did endeavour to bind A. P.
a p(X)r male child of tlie said parish, whose parents are not
able to maintain him, apprentice to A. M. of in the
said parish, [taylor], and for that intent did prepare and duly
perfect one pair of indentures, pursuant to the Statute in such
cases made and provided, which said pair of indentures was
signed and confirmed by [us] tlie said two justices : And
whereas the said A. M. is duly convicted before us the jus-
tices aforesaid, as v/ell upon the oath of the said A. P. [or
othencise']^ for that he the said A.M. hath refused, and doth
refuse to receive and provide for the said A. P. as an appren-
tice, and also to execute another part of the said inden-
tures, being duly tendered to him by tlie said churchwardens
and overseers of the poor, whereby the said A. M. hath for-
feited tlie sum of ten pounds ; These are therefore in His Ma-
jesty's name, to require and command you, to make dis-
tress of the goods and chattels of him the said A. M. and if
vithin the space of [fiix] days nest after such distress by you
made, the said sum of ..^"JO. together with reasonable charges
of ta' who
saith, That on the now last past, at in the parish
of in the county aforesaid, she was delivered of a male
[oT female] bastard child, and that the said bastard child is
likely to become chargeable to the said parish, and that C. D.
of &c. in the said county, [labourer'], did get her with child of
the said bastard child. M. B.
Taken and sworn the day and year above written, before me,
J.C,
JBas tardy.
Warrant against the Father, before Birth.
To the Constable of , in the county of -
to wit. Whereas M. B. of &c. in the said county,
single woman, liatli, by her voluntary examination, taken in
writing upon oath, before me, one of His Majesty's justices
of the peace in and for the said county, this present day, de-
clared herself to be with child, and that the said child is
likely to be born a bastard, and to be chargeable to the pa-
rish of , in the said county, and that C. D. of &c. in
'the said county, {labourer], is the father of the said child.
And whereas E. F. one of the overseers of the poor of the
parish of aforesaid, in order to indemnify the said
parish in the premises, hath applied to me to issue out my
warrant for the apprehending the said C. D. I do therefore
hereby command you to apprehend the said C. D. and to
bring him before me, or some other of His Majesty's justices
of the peace for the said county, to find security to indem-
nify the said parish, or else to enter into a recognizance with
sufficient surety, upon condition thereunto annexed, in pur-
suance of the statute in that case made and provided. Given
under my hand and seal, this day of in the
year of our Lord 1817.
Warrant against the Father, after Birth.
To tlie Constable of , in the county of
_ to wit. Whereas M. B. of &c. in the said county,
single woman, hath, by her examination taken in writing
upon oatli before me, one of His Majesty's justices of the
peace in and for the said county, declared, that on the •
day of now last past, at , in the parish of ,
in the county aforesaid, she was delivered of a male [or female]
bastard child, and that the said bastard child is (likely to)
become chargeable to the said parish, and hath charged C. D.
of &c. in the said county, [labourer], with having gotten her
whh child of the said bastard child.
And whereas E. F. one (jf the overseers of the poor of the
parish of aforesaid, in order to indemnify the said parish
Bastardy. 7^
in the premises, hath applied to me to issue out my warrant
for the apprehending of the said C. D. I (^o therefore hereby
command you immediately to apprehend the said C. D. and
to bring him before me, or some otlier of His Majesty's jus-
tices of the peace for the said county, to find security to in-
demnify the said parish, or else to find sufficient surety for his
appearance at the next general [or general quarter] sessions of
the peace, to be holden for the said county, then and there to
abide and perform such order or orders as shall be made, in
pursuance of the statutes in that case made and provided.
Given under my hand and seal, the day of , in the
year of our Lord 18 17.
Recognizance before Birth,
By 49 Geo. 111. c. 68.
to wit. Be it remembered. That on the day of
', in the 57th year of the reign of our sovereign Lord
George III. of the United Kingdom of Great Britain and Ire-
land, King, Defender of the Faith, and so forth, A. B. of &c.
in the county aforesaid, {_smii}i], and C D. of &c. in the said
county, {lahourer^f personally came before me, J. C. Esq. one
of the justices of our said Lord the King, assigned to keep the
peace within the county aforesaid, and acknowledged them-
selves to owe to our said Lord the King, that is to say, the
said A. B. the sum of £. and the said C. D. the sum of
£. severally, of good and lawful money of Great Britain,
to be made and levied of their goods and chattels, lands and
tenements respectively, to the use of our said Lord the King,
his heirs and successors, if he the said A.B. shall make default
in the condition hcreunder-mentioned.
Wherkas E. F. of &c. in the parish of ,
in the county aforesaid, single woman, hath in and by her
voluntary examination, taken in writing, and upon oath, be-
fore W. S. Esq. one of his Majesty's justices of the peace in
and for the said county, declared, that she is with child, and
that the said child is likely to be born a bastard, and to be
chargeable to the said parish of , and that the above-
bounden A.B. is the father of the said child. The Condi-
tion of this recognizance is such, that if the above-boundea
J'6 Hastardy*
A. B. do and shall appear at the next general {oi generd
quarter] sessions of the peace to be holden for the said county,'
and shall abide and perform such order or orders as shall be'
made, in pursuance of an act passed in the eighteenth year of
the reign of her late Majesty Queen Elizabeth, concerning
bastards horn ond begotten out of lawful matrimony, unless
one of the justices of our said Lord the King, assigned to keep
the peace within the county aforesaid, shall have certified, in
writing, under his hand, to such general, [or general quarter]
sessions of the peace, that it had been proved before him,
upon the oath of one credible witness, that such single wo-
man had not been then delivered, or had been delivered withiii
one month only previous to the day on which such general
[or general quarter] sessions of the peace shall be holden, or
unless two justices of the peace of the said county shall
have certified, in writing, under their hands to the next,
or where such woman shall not have been delivered as afore-
said, then to the iinmediately subsequent general [or general
quarter] sessions of the peace, that an order of filiation had
been already made on the said A B. or that such order was not
then requisite to be made, on account of the death of the child
born a bastard, or for other like sufficient reason ; Then this
|-ecognizance to be void, otherwise to remain in full force.
Recognizance after Birth.
The Obligation (as before)
Whereas E. F. of &c. single woman, in and
by ]\er examination, taken in writing upon oath, before me,
S. P. Esq. one of H^s Majesty's justices of the peace In and
for the county of , hath declared, that on the day
of now last past, at , in the parish of , in the
county aforesaid, she was delivered of a male bastard child, and
that tlie said bastard child is become chargeable to the said
parish, and hath charged the within-named A.B. with having
gotten her with ciiild of the said bastard child.
The Condition of the within-writtep recognizance is such,
that if the within-bounden A.B. doth and shall appear at the
next general [or general fjiiarter] sessions of the peace to be
holden for the said couQty, and shall abide and perform such
Bastardy. 77
order or orders as shall be made in pursuance of an act passed
in the eighteenth year of the reign of her late Majesty Queen
Elizabeth, concerning bastards begotten and born out of law-
ful matrimony ; then this recognizance to be void, otherwise
to remain in full force.
Warrant to apprehend the Mother of a Bastard, in order to
her being sent to the House of Correction.
To the Constable of in the county of =.
to wit. Forasmuch as E.F. of in the said county,
veoman, hath this day made oath before us, J. C. and S. P.
JEsquires, two of His Majesty's justices of the peace In and for
the said county, that A. B. late of in the said county,
single woman, on the day of last past, was deli-
vered of a male [ov female] bastard child, at in the parish
of in the said county, and that the said bastai'd child is
now living, and chargeable to the said parisli of j These
are therefore to command you, in His Majesty's name, to ap-
prehend and bring before us, the said A.B. to answer the pre-
mises, and to be further dealt with according to law. Herein
fail you not. Given under our hands and seals, the day
of 1817.
J.C.
S.P.
Commitment to the House of Correction.
J. C. and S. P. Esquires, two of the Justices of our Lord the
King, assigned to keep the peace, within the county of ,
to the Constable of , in the said county, and to tho
Keeper of the House of Correction at in the said
county.
to wit. These are to command you, the said consta-
ble, in His said Majesty's name, forthwith to convey and de-
liver into the custody of the said keeper of the said house of
correction, the body of A. B. late of in the said county,
single woman, charged before us, upon the oath of £. F. of
' in the said county, yeoman, with having been delivered
78 Bastard}/.
of a male {or female] bastard child, on the day of •
now last past, at in the parish of — ^ — in the said county,
which said bastard child is now living and chargeable to the
paiish of ; And you, the said keeper, are hereby required
to receive the said A.B. into your custody, in the said house of
correction, and her there to s'et to work during the term of
[any time not exceeding ticelve calendar months, nor less than
six iceeks], according to the form of the statute in that case
made and provided. Herein fail you not. Given under our
hands and seals, the day of 1817.
J. C.
S.P.
Commitment for refusing to swear to the Father.
To the Constable, &c. (as in last Precedent.)
to wit. Whereas E. F. one of the overseers of the
poor of the parish of in the said county, hath made in-
formation and complaint unto us, J. C. and S. P. Esquires,
whose hands and seals are hereunto set, being two of Kis Ma-
jesty's justices of the peace in and for the said county of ,
that A. B. a lewd single woman, of the said parish of ,
was, on the day of last past, delivered of a male [or
female"] bastard child, within the said parish of , which
said child was begotten and born out of lawful wedlock, and is
now living, and is likely to become [or is actually become}
chargeable to the said parish of ] And whereas the said
A. B. haih refused, and still doth refuse to swear to the father
of the said bastard child^ or to give security to indemnify the
said parish of , as by law is required. These are, there-
fore, in His Majesty's name, to require and authorize you, the
said constable, to convey the said A. B. to the house of connec-
tion at in the said county, and to deliver her to the
keeper thereof, together with this precept. And you, the said
keeper, are herel)y required to receive the said A. B. into your
custody, and there to punish her and set her to work, for and
during the term of [a* in the last Precedent], according
to the form of the statute in that case made and provided.
Herein fail not at your respective perils. Given under our
hands and seals, this day of in the vear of our
Lord lbl7.
J. C.
S.P.
JSasiardy. 7^
Justice's Certificate that Mother of Bastard loas not delivered,
to ground a Motion for continuing the reputed Father on his
Recognizance.
To the Court of General Quarter Sessions of the Peace, holden
at , in and for the county of , the day of
1817. ■
to wit. Whereas C. D. and his sureties are now bound
bv recognizance for the personal appearance of the said C. D.
at the above-mentioned sessions, to answer the complaint of
the churchwaidens and overseers of the poor of the parish of
, in the said county, for begetting A. B. of the said parish,
single woman, with child.
Now I, one of His Majesty's justices of the peace, acting
in and for the said county, do hereby certify, that it hath beea
this day proved before me, upon the oath of E. F. a credible
witness, that the said A. B. hath not yet been delivered of the
bastard child or children with which she is now pregnant, [or
that she the said A. B. was delivered of a [male] bastard child,
within one month only previous to the day of , oa
which the said general or quarter sessions will be holden, to
wit, on the day of , in the year of our Lord 18i7.j
Given under my hand, this day of 18 17-
Certificate foi' discharging the reputed Fatlwi-'s Recognizance.
To the Court of General Quarter Sessions of the peace to be
holden at in and for the said county of , on
the day of , in the year of our Lord 1817.
to wit. Whereas A.B. of the parish of in the
said county of , and C. D. of , and E. F. of ,.
sureties of the said A. B. on the day of in the
year of our Lord 1817, became bound by a recognizance for the
personal appearance of the said A. B. at the above-mentioned
general quarter sessions, to answ^er the complaint of the cliurch-
wardens and overseers of the poor of tiie parish of , in the
said county, for begetting G. H. of the parish of , in the
county aforesaid, single woman, with child, and which said
child or ciiildren whereof sliethe said G. H. then was pregnant.
80 JBaatarclj/,
were likely to be horn a bastard or bastards; and to abide and
perform such order or orders, as should then be made in pur-
suance of an act made in the IStli year of the reign of Queen
Eh'zabeth, concerning bastards begotten and born out of lawful
matrimony; Now we, J. C. and S. P. Esquires, two of His Ma-
jesty's justices of the peace in and for the said county of ,
do hereby, in pursuance of the authority and directions of the act
of 49 Geo. III. c. 68. intituled, " An Act to explain and amend
the Law of Bastardy, so far as relates to indemnifying parishes
in respect thereof," certify that it is not requisite to make any
order of filiation in the premises, on the said so charged
as aforesaid, by reason that the said bastard child is dead, [or
any other cause vohick may render the recognizance unnecessary .'\
Given under our hands and seals, this day of in the
year of our Lord 1817.
Commitment of the Father for want of Sureties.
To the Constable of , in the county of , and to the
Keeper of the Common Gaol, (ot House of Correction,) at
in the said county.
to wit. Whereas A. B. of &c. single woman, in her
voluntary examination, taken in writing, and upon oath, be-
fore me, one of His Majesty's justices of the peace in and for
the said county, hath declared herself to be with child, and that
the said child is likely to be born a bastard, and to be chargea-
ble to the said parish of , and hath charged C. D. of &c.
{labourer^, with having gotten her with child of the said
bastard child.
And whereas the said C. D. being now personally present
before me, (being brought by my warrant, upon application
for tiiat purpose to me made by E. F. one of the overseers of
tiiepoorof the said parish), hath refused to give security to
indemnify the said parish, and hath also refused to enter into
a recognizance, with sufficient surety, upon condition to ap-
pear at the next general [or general quarter] sessions of the
peace, to be holdcn for the said county, and to abide and per-
form such order or orders as shall be made, in pursuance of the
statutes in that case made and provided :
These are therefore to command you, the said constable,
to take and convey the said C, D. to the common gaol, [or
Bastardy. 81
house of correction'] aforesaid, and to deliver him to the keeper
thereof, together with this warrant: And 1 do hereby com-
mand you, the said keeper, to receive the said C. D. into your
custody, and him there safely to keep until he shall give
such security or enter into such recognizance as aforesaid, or
be otherwise lawfully delivered from thence.
Given under my hand and seal, the day of in the
year of our Lord 1817.
Commitment, if after Birth.
To the Constable of .
to wit. Whereas A. B. of &c. single woman, in her ex-
amination, taken in writing on oath, the day of
now last past, before me J. C. Esq. one of His Majesty's jus-
tices of the peace in and for the said county, did declare
That on the day of now last past, at in the
parish of in the county aforesaid, she the said A.B. was
delivered of a male bastard child, which is now living and
become chargeable to the said parish of ; and that C. D«
of in the said county, [labourer'], did get her with child
of the said male bastard child. And whereas as [in the last
precedent].
Bastardy Bond to indemnify the Parish.
Knovv all men by these presents. That we of •
in the county of , and of , are held and
firmly bound unto , churchwardens, and , overseers
of the poor of the parish of in the said county, (in trust
for the parishioners of the said parish), in pounds of
good and lawful money of Great Britain, to be paid to the
said or their certain attorney, executors, administra-
tors or assigns; to which payment Well and truly to be made,
we bind ourselves and each of us, jointly and severally, and
our and each and every of our heirs, executors, and adminis-
tratorsj firmly by these presents, sealed with our seals,
dated the day of in the year of the reign of
our sovereign Lord George the , of the United Kingdom
of Great Britain and Ireland, King, Defender of the Faith,
and in the year of our Lord 1817.
G
8^ Bastardy.
The Condition of this obh'gation is such, That
whereas A. B. of , single woman, hath in and by her
voluntary examination, taken in writing and upon oath, be-
fore me S. P. Esq. one of His Majesty's justices of the peace
in and for the said county of , declared that on the
day of now last past, at in the parish of
, in the county aforesaid, she the said A. B. was de-
livered of a male bastard child, and hath charged the above-
hounden C. D. with having gotten her with child of the
said bastard child. If therefore the said C. D. and E. F.
or either of them, their or either of their heirs, executors, or
administrators, do and shall from time to time, and at all
times hereafter, fully and clearly indemnify and save harmless,
as well the above-named churchwardens and overseers of the
poor of the said parish of , and their successors for the
time being, as also all and singular the other parishioners and
inhabitants of the said parish of , which now are, or
hereafter shall be for the time being, of and from all man-
ner of costs, taxes, rates, assessments, and charges whatso-
ever, for or by reason of the birth, education, and maintenance
of the said child, and of and from all actions, suits, troubles,
and other charges and demands whatsoever, touching or con-
cerning the same, then this present obligation to be void,
otherwise of force.
Signed, scaled, and delivered, (being first duly stamped),
in the presence of
Summons to Overseers, to sheiv Cause against the Discharge
of reputed Father.
to wit. To and , Overseers of the Poor of the
parish of , in the said county.
Whereas A. B. of , single woman, in and
by her voluntary examination, taken in writing upon oath,
*''e day of now last past, before me S. P. Esq.
one of His Majesty's justices of the peace in and for the
said county, did declare herself to be whh child, and that the
said child was likely to be born a bastard, and to be charge-
able to the said parisli of , and that C. D. of , yeo-
man, did get her with child of the said child. And whereas
Bastardi/. 83
by virtue of my warrant issued at the instance and request of
O. P. one of the overseers of the poor of the said parish, the
said C. D. was on the day of last past, brought
before me, and having refused to give security to indemnify
the said parish of , and having also refused to enter
into a recognizance, with sufficient surety, upon coiidition to
appear at the next general quarter sessions [or next general
sessions] of the peace, to be holden in and for the said county
of , and to abide and perform such order as should
be made, in pursuance of an act passed in the eighteenth
year of the reign of her late Majesty Queen Elizabeth concern-
ing bastards begotten and born out of lawful matrimony, he
the said C. D. was on the said day of by me
committed to the house of correction [or conwwn gaoJ^ at
, pursuant to the directions of an act of parliament passed
in the sixth year of the reign of our late Sovereign Lord King
George the Second, intituled " An Act for the Relief of Pa-
rishes and other Places, from such Charges as may arise from
Bastard Cliildren bora within the same." — And whereas the
said C, D. doth allege that it is more than six weeks since
the said A. B. was delivered of the said child, and that no order
hath been made in pursuance of the said act of the eighteenth
year of her said late Majesty Queen Elizabeth; These are
therefore, in His Majesty's name, to summon and require
you the said and to appear before us at ■
in the said county, on the day of now
next ensuing, at of the clock in the noon of the
same day, to shew cause why the said C. D. should not be
discharged from his imprisonment in the said house of cor-
rection, [or common gaol] as is directed by the said act of the
$ixth year of his said late Majesty King George the Second.
Given under my hand &c.
Discharge of the Father for want of Order being made,
under 18 Eliz.
To the Governor or Keeper of the House of Correction at
in tlie said county.
to wit. Whereas A. B. of the parish of — — in tlie
said county, single woman, in her examination, taken in writ-
ing and upon oath, the day of ■ • ■• last past, before
G 2
84 Bastardy.
me, then and now one of His Majesty's justices of the
peace for the said county, and residing near to the limits where
the said parish doth he, did therein declare Tiiat she was on
the day of last, delivered of a male bastard child
in the said parish of , and did therein charge C. D. of
with having gotten the said child on her body. And
whereas tiie said" C D. vvlicn brought before me, (by vir-
tue of inv warrant, issued upon application made to me by L. M.
one ol the overseers of the poor of the said parish of ),
did refuse to give security to indemnify the said parish, and
did also refuse to enter into a recognizance, with sufficient
surety, upon a condition thereunto annexed, in pursuance of
the statute in such case made and provided; whereupon I did
by warrant under my hand and seal, bearing date the
day of last past, conmiit the said C. D. to the house of
correction at in the said county.
And whereas L. M. one of the overseers of the poor of the
said parish of , hath this day appeared before me, pur-
suant to my summons, but hath not shewn any cause why the
said C. I), should not be discharged from his Imprisonment,
as the statute doth direct; {or if the overseers do not appear
to the summons, say, And whereas L. M. and N. O. overseers
of the poor of the parish of , have neglected and re-
fused to appear before me, at the time and place appointed
by my summons for them to shew cause why the said C. D.
siiould not be discharged from his imprisonment, as the sta-
tute directs, although it appears to me, upon oath, that they
were duly summoned for that purpose;] and it having been duly
proved before me, on oath, Uliat it is now more than six
weeks since the said A. B. was delivered of the said child,
and also that no order hath been made, in pursuance of the
act of the eighteentli year of her late Majesty Queen Eii-
zabetli.
These are therefore, in His Majesty's name, to authorize
and require you, the said governor or keeper, not to detain
the said C. D. any longer in your custody, but that you do
forthwith release him from thence and suffer him to go at
large, provided he is charged with no other offence.
Given under my hand and seal, the day of in the
year of our Lord 1817.
Bastardy. 85
Warrant for the Mother, and to summon the reputed Father,
previous to making Order of Filiation.
To the Constalile of in the county of .
to wit. Whereas information hath been made unto us,
two of His Majesty's justices of the peace in and for the said
county, one whereof is of the quorum, and both of us resid-
ing next unto the limits of the parish church within the pa-
rish of in the said county, as well upon the com-
plaint of the churchwardens and overseers of the poor of the
said parish as on the oatli of A. B. of single woman,
that on tlie day of last past, she the said A.B.
was delivered of a male bastard child at in the said
j)arish, and that C. D. of in the said county, is the father
of the said bastard child, which bastard child is now living
and is become chargeable to the said parish of .
These are therefore to command you to bring the said
A. B. before us at in the said county, on — the ■
day of at the hour of in the noon of the same
day, to be by us further examined touching the premises ; and
tliat you give notice thereof unto the said C. D. that he may
likewise be present at the time and place aforesaid to make
his lawful defence : to the end that upon the examination of
the cause and circumstances we may take such order therein
as to right doth appertain. And what you shall do in the exe-
cution hereof, you are to make known to us at the time and
place aforesaid.
GivTU under our hands and seals, this day of in
the year of our Lord 181/.
Order of Filiation and Maintenance,
The Order of J. C. and S. P. Esquires, two of His Majesty's
Justices of the Peace in and for the county of , one
whereof is of tlie quorum, and both residing next unto the
limits of the parish church within the parish of in
the said county, made the day of in the year of
our Lord 1817, concerning a male [ox female] bastard child,
G 3
86 Bastard}/.
lately born in the parish aforesaid of the body of A. Ef.
single woman.
to wit. Whereas it hath been duly made appear unto
us the said justices, as well upon the complaint of the church-
wardens and overseers of the poor of the parish of , as
upon oath of the said A. B. that she was delivered of a male [or
/,e for the same; I the said justice do therefore order
iiJid adjudge thnt he the said CD. is guilty of the offence afore-
Bastard}/, 89
said, and that for his offence aforesaid he be committed, and
he is accordingly by me hereby committed to the public house
of correction [or the common gaol] of the said county of ,
to be kept there to hard labour for the space of three months,
unless he the said C, D. shall, before the expiration of the
said three months, pay, or cause to be paid to one of the
overseers of the poor of the parish of the said sum of mo-
ney so due and unpaid as aforesaid ; And I do hereby charge
and command you the said constable forthwith to take and
convey the said C. D. to the public house of correction [ora^
the case may be] at in tiie said county of , and there
deliver him to the keeper thereof, together with this precept.
And I do hereby also command you the said keeper of the said
public house of correction to receive the said C. D. into your
custody in the said house, and him there safely to keep to hard
labour for the space of three months, unless he the said C. D.
siiall before the expiration of the said three months pay, or
cause to be paid to one of the overseers of the parisli of ,
on whose behalf the aforesaid complaint has been made, the
said sum so due and unpaid as aforesaid. Given under &;c.
Condition of a Recognizance to he taken to appear at the next
Sessions J after tlie Order of Filiation not perform£d.
Whereas by an order under the liands and seals of
us, two of His Majesty's justices of the peace in and for the
said county, one whereof is of the quorum, and both of us re-
siding within (or near unto) the limits of the parish church of
in the said county, A. B. of , is adjudged to be the
reputed father of a [feinale] bastard, lately born of the body
of C. D. of , single woman, at in the parish of .
And whereas it was in and by such order ordered, [state the.
particulars of the order]. And whereas the said A. B. hath
not observed or performed the said order. The Condition
therefore of this recognizance is such. That if the above-
boundcn A. B. shall observe and perform the said order, or
shall personally ap[)car at the next general sessions of tlie
peace to be holden in and for the said county, and shaii
then and there abide such order as shall be then made by
the court concerning such bastard child, if any such order
shall be then made 3 and if no such order shall be then
90 Bastardy.
made by the said court, if the said A. B. do and shall per-
form tile order already by us made as aforesaid, then this
recognizance to be void.
Warrant to seize the Goods, ^c. of the Father of a Bastard,
under 13 and 14 Car. II. c. 12.
To the Churchwardens and Overseers of the Poor of the parish
of in the said county of .
to wit. Whereas B. C. and E. W. churchwardens,
and L. L. and F. M. overseers of the poor of the said parish,
have made complaint unto us, W. S. and J. C. Esquires, two
of His Majesty's justices of the peace in and for the said
county, one wliereof is of the quorum, that C. D. late of the
said parish of , hath run away from the said parish of ,
and that the place of his abode cannot be discovered, and
that the said C. D. hath left his male bastard child, aged
years, and born within the said parish of , chargeable
TO the said parish, although the said C. D. hath an estate,
consisting of [as the fact is], situate at , suf-
ficient to discharge such parish from the maintenance of
the said bastard child. And whereas we the said justices
have duly examined into the cause and circumstances
of the said complaint, as well upon oath as otherwise, and it
doth appear to us, and we do adjudge that the said complaint
IS true; and we also adjudge him the said CD. to be the
reputed father of the said bastard child ; These are therefore
to authorize you the said churchwardens and overseers of the
poor of the said parish of , to take and seize so much of
the goods and chattels, and to receive so much of the an-
uual rents and profits of the said lands of the said C. D.
iituate at aforesaid, as shall amount to, or be sufficient
to raise and pay the sum of si , which we do hereby
appoint and order you to receive towards the discharge of
the said parish, and for the bringing up and providing for
the said bastard child; and you are hereby required to attend
at the next general quarter sessions of the peace to be
holden at the Sessions House at in and for the said
county of , in order that the present order may be then
and there confirmed, according to the statute in that behalf
made and provided. Given &c»
3awdy 'house. 91
BAWDY-HOUSE,
Keeping a bawdy-bouse is an indictable offence,
and the constable, on notice or oath of two inhabi-
tants before a justice of the peace, of persons keep-
ing- a bawdy-house, shall prosecute ; the charges of
which shall be borne by the parish, and ^10. on
conviction shall be paid to the informers by the
overseers, on pain of forfeiting double; and the
persons keeping such houses (the manager to be
so deemed) shall be bound over to the sessions.
Constable neglecting his duty to be fined ^20.
Inhabitants may be witnesses, and no indictment
to be moved by certiorari. 23 Geo. I J. c. 36^ made
perpetual by 28 Geo. II. c. 19.
Warrant to apprehend the Keeper of a Bawdy -House,
To the Constable of .
to wit. Whereas C. D. and E. F. two inhabitant
householders of the parish of in the said county, have
this day severally made complaint upon oath, before me
is. P. Esq. one of His Majesty's justices of the peace acting
in and for the said county, that G, H. of the said parish, keeps
a house of ill-fame, and that lewd women frequently resort
thither with men of dissolute lives, to the great scandal of
the neighbourhood, the encouragement of vice and debauch-
ery, and against the King's peace; These are, therefore,
in His Majesty's name, to command you to bring the said
G. H . before me at , on the day of
next, at o'clock in the noon, to answer to the
complaint of the said C. D. and E. F. and to be further
dealt with according to law. Given under my hand and seal,
the day of 181 7.
90 Bench IP^arrant.
BENCH WARRANT
Is granted by the justices at the quarter sessions
to apprehend a party against whom a true bill is
found, to compel him to give bail to appear and
plead to the indictment. — Upon the party being
taken, he may give recognizance to any magistrate
who will grant a supersedeas ; but it is proper that
the magistrate should be satisfied of the sufficiency
of the bail ; if not, he may require notice (at least
twenty-four hours) to be given to the prosecutor,
of their names and additions, and when, where,
and before whom the bail is intended to be put in,
to give the prosecutor an opportunity of opposing
them if necessary. — See title BaiL
Form of a Bench Warrant.
To all Constables and other Peace Officers within the county
of , and to every of them.
to wit. These are to will and require, and in His
Majesty's name to command you, upon sight hereof, to bring
before us His Majesty's justices of the peace for the county
aforesaid, at the general quarter sessions of the peace now
holden at , in and for the said county, the body of A. B.
who stands indicted before us, at this same sessions, for an as-
sault, if the court shall be then and there sitting ; or if not,
before us or some other of His Majesty's justices of the peace
of the same county, to find sufficient sureties for his personal
appearance at this present sessions, to answer the said indict-
ment; and if he cannot be taken during the present sessions,
that then as soon after as he shall be taken, you bring or cause
him to be brought before us, or some or one of us, or before
some other of His Majesty's justices of the peace for the said
Bigamy. 93
county, to find sufficient sureties ; that is to say, two sureties
in £20. each, for his personal appearance at the next sessions
of the peace to be holden for the said county, to answer as
aforesaid, and to be furtlaer dealt with according to law. Dated
in open sessions at aforesaid, this day of — —
1817.
BIGAMY
Is the marrying- of two or more wives, and should
be more properly called polygamy. — By stat. Jac. I.
c. 11, any person marrying, (the former husband
or wife being living,) is guilty of felony w'.thia
clergy; but by 35 Geo. III. c. 6/, offenders are sub-
ject to the penalties of grand or petit larceny, (i.e.
Transportation, &c.)
The statute Jac. I. excepts five cases, 3 Inst. 89. —
1st. Where the party has been constantly abroad
for seven years and no notice of his being;
alive. — 2nd. In this kingdom, and being- the same
time absent, the party having- no knowledge of the
other being alive. — 3rd. A divorce a mensa et
thoro. — 4th. Where the first marriage is legally de-
clared void; — and 5th. Where either of the parties
were under any legal disability to contract matri-
mony. 1 Hmu. P. C. 174.
The parties may be proceeded against in the
county where they shall be taken, as if the offence
had been committed there; the caption of the party
is therefore added to the following- warrant of com-
mitment, in order to give jurisdiction to the justice
94 Bread.
of the peace for the county, where the oftender was
apprehended. That part to be left out if the party
is taken M'here the crime was committed.
Warrant of Commitment for Bigamy,
To the Gaoler or Keeper of .
to wit. Receive into your custody in the said gaol, and
there safely keep until he shall be discharged by due course
of law, the body of A. B. herewith sent you, and charged
before me W. S. Esq. one of His Majesty's justices of the
p*?ace in and for the said county, on the oaths of C. D. E. F,
nn(i others, for that lie the said A. B. on the day of
in the year of our Lord 18l7j at the parish of
in the county of , did marry one G. H. spinster, and
her the said G. H. then and there had for his wife; and
that the said A. B. afterwards, to wit, on the day of
— — in the year aforesaid, in the parish aforesaid, feloniously
did marry and take to wife one L. S. spinster, the said
G, H. his former wife being then living, against the form of
the statute in that case made and provided ; the said C. D.
having also made oath before me the said justice, that the
said A. B. was apprehended and taken for the said felony
in the parish of in the said county of . Given
under my hand and seal this — — day of — - ISlf.
BREAD.
The acts regulating the due making of bread, &c.
are distinguished by general and local acts, the
latter only having reference to the City of London
and liberties thereof, and within the weekly bills
of mortality, and ten miles of the Royal Exchange;
the former have a general operation, and it be-
comes necessary to abstract the clauses of the fol-
JBread, 95
lowing acts distinctly, particularly as in Butjls
Justice, the acts regulating- the baking- of bread in
London and its liberties are wholly omitted, on the
extraordinary principle that these acts are local and
not within the design of his work; but the great
extent of London and its liberties, including the
bills of mortality, is surely a sufficient reason for
noticing them, when it is considered that more con-
victions take place within the operation of these
acts than in all the rest of the kingdom.
Of the general act first— by 50 Geo. III. c. 73,
if any person residing beyond London, or beyond
ten miles of the Royal Exchange, shall sell bread
deficient in weight according to the assize, one jus-
tice, before whom any information shall be given,
on the oath of one witness, may grant a warrant to
enter the house, shop, stall, bakehouse, &c. in the
day time, and try and weigh all the bread baked
within 24 hours next preceding the time of its being
weighed ; and if any deficiency appear on the aver-
age weight of the whole of such bread, and proof
thereof on oath, the party shall be convicted in the
penalty of not exceeding 5s. per oz. for every ounce
deficient; and by the same act such bread to be for-
feited and disposed of as the magistrate shall think
fit, except it shall be proved on oath of one or
more respectable housekeeper that such deficiency
arose from unavoidable accident, s. 1 .
Bakers to have weights and scales in their shops,
and any person purchasing bread may require the
^S Bread.
same to be weighed in tlicir presence, and if any
loaf is deficient in weij;ht, the purchaser shall have
the deficiency made up with other bread, or ano-
ther loaf given in lieu ; and baker offending, on
conviction, shall forfeit not exceeding 10s. either
on the oath of one or more witnesses, or by con-
fession. .9. 2.
No bread, rolls, or cakes to be baked on Sunday
between thehoursof ten in the forenoon and half past
one in the afternoon ; and no baker shall sell or ex-
pose to sale any bread, rolls, or cakes, &c. or bake
or deliver any meat, puddings, &c. at any time after
half past one o'clock in the afternoon, or in any
other way carry on the trade of a baker, except as
far as it may be necessary in setting, &c. the dough
for the following day's baking ; and no meat, &c.
to be brought to or taken from any bakehouse du-
ring divine service, nor within a quarter of an hour
after the commencement thereof. Every person of-
fending, shall forfeit for the first offence 5s. for the
second los. and for the third and every subsequent
offence 15s. The conviction to be within two days
from the commission of the crime, on view of a jus-
tice, confession, or proof by one or more witnesses,
and the offender to pay the costs of the conviction,
to be ascertained by the justice convicting ; the
amount tiiereof, not exceeding 3s. per day, to be
paid to the prosecutor, and the residue to the poor
of the parish where offence committed ; and if pe-
nalty and costs not paid within three davs after
Bread. 9f
conviction, the same may be levied by distress and
sale, and in default the offender to be committed
to the house of correction, for the first offence not
exceeding seven days, second offence fourteen days,
and for third and every subsequent offence not ex-
ceeding twenty- one days, unless penalty and costs
sooner paid. s. 3.
By 31 Geo. II. c. 29, s. 24. all former acts re-
lating to the assize of bread are repealed, and it is
by this act enacted, that it shall be lawful for the
persons therein authorized, to set the assize and
weight of bread, and the price to be paid for the
same, s. 2. which shall be made witli reference
to the price of grain, meal, or flour in the markets
near which such assize is set ; and where an assize
is set, no person shall sell or expose to sale any
sort of bread, except wheaten and household, and
such other sorts of bread as shall be allowed in the
assize ; and if any person offend and be convicted,
by confession or oath of one witness, before any
magistrate, within his jurisdiction, he shall forfeit
not more than 40s. nor less than 20s.
By 53 Geo. III. c. 1 16, it is enacted that as often
as the court of mayor and aldermen in any city
where such court is ; and if no such court, or
being such when tfie same does not sit, the mayor,
bailiff, or other chief magistrate of such city; and
in towns corporate or boroughs, the mayor, &c.
or two or more justices, if no mayor, &c. shall
deem it expedient to fix the assize of bread, they
H
9i Bread.
shall appoint a fit person (not being a corn-factor,
miller, maltster, baker, clerk, agent, or person deal-
ing in wheat, flour, or bread,) residing in or near
such city, &c. to be a receiver of assize returns;
and such mayor or justices shall require all corn-
factors, mealmen, &c. to make returns on a certain
day of all wheat and wheaten flour bought or sold by
them within seven days preceding, with the prices
and the names and residences of the persons of
whom bought, or to whom sold, s. 3. receiver of as-
size returns, shall make up a general return, and
within two days after such general return, the
mayor or justices to set the assize ; such assize
to commence and continue as directed by the court
of mayor, aldermen, &c. and where wheat or flour
has been brotight from a distance, an addition may
be made to the assize, s. 9.
Any corn-factor, &c. making a false return, to
forfeit not exceeding ^10. and in order to ascer-
tain the correctness of such return, the person
making it, or any other person who can give infor-
mation thereof, may be summoned and examined,
and if tliey neglect to appear, they shall forfeit a
like sum of ^10 ; any person wilfully forswear-
ing himself, shall be deemed guilty of perjury, s. 12.
The act 36 Geo. II L c. 22, is partly amended
and partly repealed by 41 Geo. III. c. 12, which
enacts, that bread shall not be marked according to
the directions of that act, but that wheaten bread
Of an inferior quality, or any mixed bread, shall be
' "^ Bread 99
marked with a roman H, and a mixed loaf with 4L
roman X. 6'. 3.
Any person omitting such marks^, or who shall not
well make, or shall adulterate such wheaten or
mixed bread with any mixture or ing-redient not
used in making- bread ; or shall make, bake, or sell any
loaves deficient in weight, according to the assize,
such persons offending shall be liable to the like
punishment as any bakers or makers of bread are
for the like misdemeanor, s. 4. as provided by 31
Geo, II. €. 29, by which act a penalty of not more
than ^10. nor less than 40s. is inflicted for such
offence, on conviction by confession or oath of one
witness , or imprisonment not more than one
month, nor less than ten days ; if a servant is con-
victed of the offence, he is to forfeit not more
than ^5. nor less than 20s. or like imprisonment;
magistrate may, out of the penalty, publish the of-
fence, with names and additions of offenders, in the
newspapers; and the mixing adulterated with good
meal, incurs the same penalty, s. 21.
Bread, inferior to wheaten, shall not be sold at
a higher price than household (by assize,) on pe-
nalty of 20s. on oath of one witness, or confession.
s. 27.
Mixing any meal or flour of any other grain
than that of the grain which the same shall im-
port to be, or putting in any mixture in lieu of
flour, incurs a penalty of not more than ^5. nor
l«ss than 2O6. s, 23. and for selling at a greater
H 2
100 Bread.
price than the assize price, not more than 40s. nor
less than lOs. s. 26.
Mills and other places may be entered by war-
rant of a magistrate, on information on oath of
reasonable suspicion that adulterated meal is con-
cealed, and if any found, the same may be seized
and disposed of as the magistrate shall think fit ;
s. 29. and any unlawful ingredient, for the purpose
of mixing with meal or flour^ in the possession of
any miller, mealman, baker, &c. such person shall
forfeit not exceeding ^10. nor less than 40s. unless
it can be proved that such ingredients were not
bought for the purpose of adulteration, s. 30.
Penalty for obstructing search, not more than
^5. nor less than 20s. s. 31.
If baker, &c. make appear to a magistrate, upon
oath, that lie hath been convicted and paid any
penalty through the misconduct of his servant,
such servant on proof shall recompense his master,
or be committed to the house of correction for one
calendar month, s. 33.
Under this act one magistrate may hear and de-
termine offences in a summary way ; the party ac-
cused to be summoned, and if he does not obey the
summons, or shew reasonable excuse, then warrant
may issue on proof of the offence complained of;
but if be cannot be found, the justice shall proceed
to examine the matter, and if the offender is con^
victed, and the penalty not paid in 24 hours, may
levy the same by distress, or commit the offender for
Bread, 101
one month, or until the penalty is paid, s. 34: wit-
nesses summoned, and not appearing, or refusing
to be examined on oath, may be committed for
not exceeding fourteen days, nor less than three.
s. 35.
By a general clause in this act, s. 34, all penal-
ties shall ^o to the informer; but by 32 Geo. II.
c. 18, such as are not particularly disposed of, shall
go half to the informer, and the other half at the
magistrate's discretion, s. 2,
No certiorari shall be granted to remove any
conviction. 31 Geo. II. c. 29, s. 31.
Any person convicted may appeal to the next
sessions, on entering into recognizance in double
the penalty of the conviction, and judgment of the
sessions to be final, s. 38; but if offender convicted
within six days before the sessions, he shall be at
liberty to appeal to the next, or next following ses-
sions, s. 39.
Actions brought against any magistrate or peace
officer under this act, must be commenced within
six months, must be laid in the proper county, and
seven days notice of such action be given in writ-
ing. The last recited acts refer to places where
the assize is set.
liy 3 Geo. III. c. 11, certain regulations are
enacted in cases where no assize is set. No loaf
or loaves called assize loaves, the weight of which
varies according to the price of grain, shall be sold
in the same place with loaves which depend on
H 3
lOiJ Bread.
their measure, called prized loaves, on pain of for-
feitin«r not exceediner 40s. nor less than los.
justices at their g-eneral, quarter or petty sessions
may appoint which sort of assized or prized loaves,
and what other sorts of bread, and what sorts of
grain shall be made and sold within their jurisdic-
tion; but justices not to allow the making for sale
or sellini^' any sort of assize bread made of flour
of wheat, other than wheaten or household bread,
and loaves of white bread of the price of 2d. or
under. And every maker of bread for sale shall
observe the same proportion as to weight, as where
the assize is set, on pain of forfeiting- not exceeding
40s. s. 4. and every peck, half-peck, quartern, and
half-quartern loaf of wheaten bread shall be sold in
proportion to each other as to price ; and the like
as to household, which shall be sold for one-fourth
less tlian wheaten bread of the same denomination,
under a penalty of not exceeding 40s. nor less
than 10s. s. 5.
Every peck loaf to weigh 17lb. 6oz. half-peck
8 lb. iioz. quarter-peck 4 lb. 5joz. half-quarter
peck 2 lb. 2f oz. on pain of forfeiting for every
ounce wanting, not more than 5s. nor less than is,
and for less than an ounce not exceedinsr 2s. 6d.
nor less than 6d. so as the same in any city, &c. or
within the bills of mortality, be brought before a
'ustice and weighed before him within 24 hours
after the same baked or found; or elsewhere within
three days, unless sudi deficiency arose froni acci-
Bread. 103
dent, or by contrivance or confederacy ; and any
person selling or offering to sell bread of an inferior
quality to wheaten, higher than household, shall
forfeit not exceeding 20s. s. 7. and a penalty of not
more than ^5. nor less than 20s. is incurred for
selling bread deficient in weight, or adulterated, un-
less it appear to have arisen from accident, s. 10.
Persons obstructing search, to forfeit not exceed-
ing 40s. nor less than 20s.
No miller, &c. to act* as a justice under this act,
under penalty of ^50.
If baker make it appear that any offence for
which he had incurred a penalty, was occasioned
by the negligence or fault of his servant, such ser-
vant on conviction shall recompense his master as
the magistrate shall adjudge ; and in default shall
commit him to the house of correction for one
month to hard labour, unless payment sooner
made.
One justice may hear and determine offences un-
der this act: and prosecutions must be commenced
within three days after offence committed, s. 23.
Penalties, half to informer, and residue as justice
shall direct for carrying the act into execution.
s. 24.
By 13 Geo. III. c. 62, bread made of the flour
of wheat, without mixture or division (bran eX^
cepted) to be called standard wheaten bread, s. 1 .
Every loaf to be marked S. W. and to vveigh —
H 4
104 Bread.
lb. OS.
Peek Loaf 17 G
Half-Peck 8 11
Quartern 4 Sf
avoirdupois weight ; but standard wheaten not to
be made or sold as prized loaves, at the same time
with assized loaves of the same standard wheaten
bread. .9. 3.
If baker, &c. prosecuted for not making bread
of standard wheaten, shall prove that he bought
the same as such from any miller, &c. such miller,
&c. shall forfeit as in case of adulterating meal, &c.
by the act 31 Geo. II. c. 29.
Justices in sessions may prohibit for three months
the makers of bread from making or exposing to
sale any other sort of bread purporting to be of a
superior quality and sold at a higher price than
standard wheaten bread. Baker may make and
sell coarse bread, if he sells the same at a price
under that of household bread ; but if he sells such
bread by the same weights and prices as household
bread is assized, he shall be liable to the same pe-
nalties as bakers for any misdemeanor in making
and selling other sort of bread. 6-. 11 and 12.
By the act 55 Geo. III. c. 99, (the operation of
which extends only to the City of London and li-
berties, and within the weekly bills of mortality, and
ten miles of the Royal Exchange,) the acts 31 and
32 Geo. II. the 3rd. \3t/i. 33rd. 34th. 36th. 3*Jtk.
38M. 39M. 40//i. A\st. Abth. and 48M. Geo. III.
Bread. 105
and every other act of parliament relating to the
making and selling &c. bread, are repealed.
Bread may be made of such proper materials,
and sold at such prices, as bakers may think pro-
per, s. 2.
Bakers not to put alum, or any preparation in
which alum shall be an ingredient, into the dough
of bread, or any other unwholesome ingredient, on
pain of forfeiting not exceeding ^20. or in default,
committed to the house of correction not exceeding
six calendar months, to hard labour ; and the ma-
gistrate before whom such conviction takes place
may cause the offender's name, &c. to be inserted
in the newspapers, s. 3.
And any person adulterating corn, meal, or flour,
whether at the time of grinding, dressing, or bolting
&c. or of selling the meal or flour of one sort of
grain for another, shall on conviction forfeit not
exceeding ^5. as the magistrate shall think fit.
s. 4.
Loaves made of the meal of any other grain
than wheat, to be marked with a large roman M,
and any person offending, to forfeit not exceeding
40s. for every loaf not marked, s. 5.
Justices of peace, and any peace officer authorized
by warrant under their hands, may search baker's
premises in the day time, and enter into any house,,
mill, &c. of any miller; and if any adulterated
flour, bread, &c. be found, the same may be seized
and brought before a magistrate, who shall dispose
of it as he thinks fit : such baker to forfeit not
lOG Bread
exceeding ^^0. on conviction, by confession or
oath of one or more witnesses, or be committed
to the house of correction for six calendar months,
to hard labour, unless such person shall make it
appear to the satisfaction of the convicting justice
that such alum or other ingredient was not lodged
therefor the purpose of being mixed with meal;
justices may, and are required to publish the of-
fender's name, place of abode, and offence, in the
newspapers, s. 6, /. It appears that justices are
authorized by s. 6, to grant a^search warrant with-
out any previous information on oath or otherwise.
Penalty for obstructing search or seizure not ex-
ceeding ^10. s. 8.
If any baker shall make it appear that any of-
fence for which he shall have paid any penalty, had
been occasioned by the wilful act, negligence, or
default of a servant, the justice may order such
servant to pay for such negligence &.c. such rea-
sonable recompense as the magistrate shall ad-
judge, or in default, be committed to the house of
correction for any time not exceeding six calendar
months, unless payment sooner made. s. 8.
Loaves to weigh, avoirdupois weight, —
Id. oz.
Peck i; 6
Half-peck 8 11
Quarter-peck 4 6 J
Half-quarter 2 2^
lib. loaf l6
Bread, \(jlj
baker to keep scales and weights in his shop;
any purchaser may require bread to be weighed
in his presence, s. 9. and baker not keeping
such weights, &c. or whose weights are deficient,
or who shall refuse, on request, to weigh his bread,
shall forfeit for such offence not exceeding 40s. at
the discretion of the magistrate, s. 10.
Any baker who shall sell or deliver bread defici-
ent in weight, shall forfeit lOs. for every ounce de-
ficient, and so in proportion for any quantity less
than an ounce, provided such bread is weighed
within 24 hours next after it is baked ; the penalty
not to extend to French bread or rolls. ^.11.
Bakers not to bake bread or rolls on Sunday, ex-
cept between nine in the forenoon and two in the
afternoon ; nor sell or expose to sale any bread,
&c. or bake or deliver any meat, &c: or exercise the
trade of a baker, except setting the sponge for the
next day's baking, between the hours aforesaid,
under a penalty for the first offence los. for the
second offence 20s. and for third and every subse-
quent offence 40s. with costs of prosecution, to be
settled by the convicting justice. Such conviction
to take place within six days after offence com-
mitted, on view of a justice, confession, or oath of
one or more witnesses.
Penalty, not exceeding 3s. per day, to be paid to
the prosecutor, and the residue within seven days to
the parish officers for the use of the poor; and if
penalty and costs not paid witliin 14 days after con-
108 Bread.
viction, the same may be levied by distress, and in
default, the offender to be committed to the house
of correction, for the first offence seven days,
second offence fourteen days, and for a third and
every subsequent offence one month, unless penalty
and costs sooner paid.
Bakers may deliver to their customers bakings
until half past two o'clock, without incurring- any
penalty, s. 12.
No miller, mealman, or baker to act as a justice
under this act, under a penalty of ^5. ^.13.
Offences may be heard and determined in a sum-
mary way, and penalties levied by distress and sale
by the lord mayor of London, or any alderman, or
one justice of the peace, in any county, division,
&,c. within the weekly bills of mortality ; and for
want of distress, the offender may be committed to
the house of correction for one calendar month,
unless penalty and costs sooner paid. s. 14.
witnesses may be compelled by warrant (if they
disobey a summons) to appear and give evidence,
and on refusal to be examined, may be committed
to gaol for any time not exceeding 14 days. 6*. 15.
No certiorari allowed to remove any conviction,
but persons aggrieved may appeal to the next ge-
neral or quarter sessions ; but if conviction happen
to be within six days of the sessions, then appeal
may be made to the next following sessions, s. 19.
Actions against magistrates or peace officers to
be commenced within six calendar months after
Bread. 109
fact committed ; and the act of 24 Geo. II. for in-
demnifying justices, &c. extends to justices act-
ing under authority of this act. 6". 21.
Penalties to be applied (except as before direct-
ed) in the following manner, vi%. one moiety to the
informer, if convicted on confession or oath of
one or more witnesses ; and the other moiety, or in
case of no informer then the whole, to the poor of
the parish wherein offence committed or the party
convicted, at the discretion of the justice, s. 24.
Information of an undue mixture used in making Bread,
on 31 Geo. II. c. 29.
to wit. Be it remembered, that this day of
in the year of our Lord 1817, at in the said county,
A. B, of , [labourer'], in his proper person, exhibiteth to
me S. P. Esq. one of His Majesty's justices of the peace
for the said county, a complaint and information, and thereby
informeth me, that C. D. late of in the said county,
baker, on the — — day of [hei'e state the time of the
offence, that it maxj appear to have happened within the three
days limited by the 42 s,], did put into, and use, in
making of bread to be sold, a preparation or mixture in which
alum was an ingredient, contrary to the form of the statute in
such case made and provided, whereby the said CD. hath
forfeited a sum not exceeding i^lO. nor less than 40s. and
thereupon the said A. B. prayeth judgment of me, the said
justice, in that behalf, and that he may have one moiety of
the said forfeiture, according to the form of the statute in such
case made; and that the said C. D. may be summoned to an-
swer the premises before me the said justice,
Summons thereon.
To the Constable of .
to wit. Whereas complaint and information hath been
exhibited before m»', one of His Majesty's justices of the peace
110 Bread.
for the said county, by A. B. that C. D. late of-- — in the
county aforesaid, baker, on the day of , in the year
of our Lord 1817, did put into, and use, in making of bread
to be sold, a preparation or mixture in which alum was an in-
gredient, contrary to the form of the statute in sucli case made
and provided.
These are therefore to require you forthwith to summon the
said C. D. to appear before me, at , on the day of
, at the iiour of in the noon of the same day,
tlien and there to answer to the said information; and be you
then there, to certify what you shall have done in the premises.
Herein fail you not.
Given under my hand and seal, tlie -^ day of , in
the year of our Lord 1817.
Comiction.
to wit. Be it remembered, Tliat on this day of
, in the 57th year of the reign of King George the Third,
C. D. is convicted before me S. P. Esq. one of His Majesty's
justices of the peace for the said county, for putting into, and
using, in the making of bread to be sold, a preparation or mix-
ture in wliich alum was an ingredient. And I do adjudge him
to pay and forfeit for the same, the sum of £5.
Given under my hand and seal, the day and year aforesaid.
Warrant of Distress on non-payment of the Penalty,
To the Constable of .
to wit. Whereas C. D. of in the county aforesaid.
baker, was, on the day of , 1817, duly convicted
before me, one of His Majesty's justices of the peace for the
said county, by the oath of A. B. a credible witness, for that
he on the day of , in the year of our Lord 1817, did
put into and use, in the making of bread to be sold, a prepa-
ration or mixture in which alum was an ingredient, contrary
to the form of the statute in that case made and provided; by
reason whereof 1 did adjudge, and have adjudged him to pay
and forfeit for the said offence, the sum of ^5. to be dis-
tributed as is herein after mentioned. And whereas it appears
to me that the said sum, or any part thereof, is not yet paid.
Bread. Ill
1 do therefore hereby authorke and require you forthwith to
make distress of the goods and chattels of the said C. D. and if
within the space of days next after such distress by you
taken the said sum of j^5. shall not be paid, that then you do
eause the said goods so by you seized, to be appraised and sold,
rendering the overplus to the said C. D. after deducting the
said sum, and also the costs and charges of the prosecution for
the said offence and of the said distress and sale; which costs
and charges I do hereby ascertain at the sum of 20s, and out of
the said sum of £5. so forfeited as aforesaid, you are to pay
©ne moiety to A. B. who informed me of the said offence, and
prosecuted to conviction the said C. D. before me for the
Same; and the other moiety you are to apply for the better car-
rying the act of parliament for the due making of bread and
for the other purposes therein mentioned, into execution, ac-
cording as 1 hereafter shall give you directions. And if suf-
ficient distress cannot be had or found whereupon to levy the
said sum of ^5. as aforesaid, you are hereby required to cer-
tify the same to me, together with the return of this precept.
Herein fail you not.
Given under my hand and seal, at — -*— in the said county,
the - - ■ ■■ day of -, in the year of our Lord 18 1 7.
Constable's Return [to be indorsed on the warrant] of want
of Distress.
to wit. I do hereby certify to the wIthin-named justice
of the peace, that, by virtue of this warrant, I have made di-
ligent search for the goods and chattels of the vvithin-menr-
tioned C. D. and that I can find no sufficient goods and chat-
tels of his, whereon to levy the M'ithin-mentioncd sum.
Witness my hand the day of — ^ — , in the year of our
Lord 1817.
ijworu before me the said justice, the day and year aforesaid.
Commitment for want of Distress.
To the Constable of , an^ also to the Keeper of the
Common Gaol at in the said county.
to wit. Whereas C. D. of in the county aforesaid,
baker, Was on the day of , I8I7, duly convicted be-
112 Bread.
fore me, one of His Majesty's justices of the peace for the said
county, by the oath of A. B. a credible witness, for that he, on
the— ^^ — day of , in tlie year of our Lord 181/, did put
into and use, in the making of bread to be sold, a preparation
or mixture in which alum was an ingredient, contrary to the
form of the statute in that case made and provided; by reason
whereof 1 did adjudge him to pay and forfeit for the said of-
fence, the sum of j£'r>.
And whereas on the day of •, in the year aforesaid,
I did issue my warrant to the constable of , to levy the
said sum by distress of the goods and chattels of the said C. D.
And whereas it appears to me, as well upon the oath of the said
constable as otherwise, that he hath used his best endeavours
to levy the said sum on the goods and chattels of the said C. D.
as aforesaid, but that no sufficient distress can be found whereon
to levy the same.
Therefore I do hereby command you, the said constable of
r-- — , to apprehend and safely convey the said C. D. to the
^aid common gaol, and him to deliver to the keeper thereof as
aforesaid, together with this precept. And I do hereby com-
mand you, the said keeper of the gaol aforesaid, to receive into
your custody in the said gaol, the said C. D. and him there
safely to keep for the space of one calendar month from the
time of this commitment, unless the said sum of ^5. and also
the costs and charges of the prosecution, which I have ascer-
tained at the sum of 20s. shall be sooner paid.
Given under my hand and sealj this !- day of , in the
year of our Lord 1 8 1 7.
Jnformationfor exposing to Sale Bread deficient in Weight.
to wit. The information of A.B. of &c. in the county of
-, who, being upon oath,saith, That he hath reason-
able cause to suspect, and does believe, that CD. of in the
parish of in the county of (beyond ten miles of the
Koyal Exchange), being a baker or seller of bread, doth unlaw-
fully expose to sale, bread defieient in the due weight the same
ought to be, according to the assize set for such bread to be
sold at, contrary to the statutes in such case made and provided.
Taken and sworn before me, this day of , 181 7.
W. S.
Bread. 113
Another Form,
That A. B. late of in the county aforesaid, baker,
did on the — — day of , in the 57th year of the reign &c,
at the parish of in the county of , and within tea
miles of the Royal Exchange, unlawfully expose to sale one
loaf of wheaten bread, importing to be a quartern loaf, deficient
,in weight one ounce, according to the assize then and there
set for the said bread, contrary to the form of the statute, &c.
Information for luming unlauful Ingredients for the purpose of
adulterating Meal.
to wit. Be it remembered. That this day of ,
in the year of the reign of our sovereign Lord George the
Third, of the United Kingdom of Great Britain and Ireland,
King, &c. A. B. of &c. yeoman, in his proper person exhi-
biteth to me W. S. Esq. one of His Majesty's justices of the
peace for tlie county of , a complaint and information,
and thereby informeth me that one C. D. late of in the
parish of in the county of , baker, on the day of
, in the year of oui" Lord 1817, had then and there in his
possession, that is to say, in a certain bakehouse [or, as iliefact
w], belonging to him the said C. D. situate in the parish
aforesaid, in the county aforesaid, and beyond ten miles of the
Royal Exchange, a certain quantity of alum [or, as the fact is],
which had been and then was deposited in the said bakehouse
of the said C. D. for the purpose of being used in adulterating
meal, flour, or bread, contrary to the form of the statute in such
case made and provided, whereby the said C. D. hath forf^itejd
a sum of money not exceeding .^10. nor less than 40s. And.
thereupon the said A. B. prayeth the judgment of me the said
justice in that behalf, and that he the said A. B. may have the
said forfeiture according to the form of tiie statute in such case
made; and that the said C. D. may be summoned to answer
the premises before me the said justice. ,
Received this Information the
day and year above written, A. B,
W.S.
114 J^read.
Conviction of a Baker, for selling Bread under the Assize.
to wit. Be it remembered, that on the day
oi , in the S/th year of the reign of our sovereign Lord
George the Third, of the United Kingdom &c. and in the year
of our Lord 1 81 7, A. B. was convicted before me S. P, Esq.
one of His Majesty's justices of the peace for the said county
of , for tiuit he the said A. B. at the time of the com-
mitting of the offence herein after mentioned, being a
person making bread for sale, within the parish of in the
said county, on the day of , unlawfully did make for
sale, within the Innit to which the assize herein after mentioned,
at the time of the making thereof, and at the time of com-
mitting of the offence herein after mentioned, did extend
loaves of w beaten bread as and for quartern loaves,
which were all the loaves then and there found in the shop of
the said A. B. which had been baked within twenty-four hours
next preceding the time of weighing the same, deficient in
weight according to the assize before then duly and legally set,
and then in force for loaves of wheaten bread, being quartern
loaves, to be sold at, in, and throughout the limits aforesaid, in
pursuance of the statute in such case made and provided, by
whicli said assize a quart-ern loaf of wheaten bread was to weigli
four pounds, five ounces, and eight drachms avoirdupois, that
is to say, the said loaves being then and there deficient m
weight according to the said assize, upon the average of all the
said loaves which were then and there found, and which had
been baked within twenty-four hours, ounces avoirdupois,
and every of them having l)een brought before me within
twenty- four hours after the baking thereof, and it not appearing
to my sHtisfaction that any of the deficiency in the weight of
any of the said loaves arose from unavoidable accident, or was
occasioned by or through any contrivance or confederacy : And
I do adjudge him the said A. B. to forfeit and pay for the said
offence the sum of .£ — . being the sum of 5s. for every ounce
of bread which was wanting and deficient in the weight each
and every of the said loaves ought to have been of, according to-
tfie said assize.
Given under my hand and seal at in the said county of
jthis dayof 1817.
S.P,
IBrichs and Tiles. 115
BRICKS AND TILES.
By Stat. 17 Ed. IV. c 4, plain, roof, corner, and
gutter tiles to be made good, and the earth of
which they are made to be dug before 1st of No-
vember next before making, and turned before 1st
of February, and not to be wrought till the 1st of
March following. — The earth not to be mixed with
marl or chalk. Selling tiles contrary to this act,
to forfeit to the buyer double value ; justices
may determine offences and assess on the offender
for every lOOO plain tiles 5s. every 100 roof tiles
6s. 8d. and for every 100 corner or gutter tiles 2s. —
Il/id. Every plain tile must be ten inches and a
half long, six inches and a quarter broad, and five
half quarters of an inch thick, and every gutter tile
to be ten inches and a half long.
Justices may appoint searchers, to be paid by
tile makers id. for every lOOO plain tiles, a half-
penny for every 100 roof tiles, and a farthing for
every 100 corner and gutter tiles. — Searchers are
to present defaults on penalty of 10s.
By 17 Geo. III. c. 42, bricks made in England
for sale, shall be eight inches and a half long, two
inches and a half thick, and four inches wide; and
all pantiles thirteen inches and a half long, nine
inches and a half wide, and half an inch thick, on pain
of forfeiting for bricks and tiles of less dimensions
when burnt, 20s, for every 1000 bricks, and 10s.
I 2
11(5 BricJcs and liles,
for every looo pantiles. All contracts for engross-
ing bricks and tiles, or for hindering a free sale, to
be void, and the maker shall forfeit ^20. and his
clerk or agent ^10.
Penalties under this act to be recovered before
one justice, on proof by confession, or oath of one
witness, to be levied by distress, half to the in-
former and half to the poor, and if no distress,
commitment for any time not exceeding two ca-
lendar months, or till penalty and costs are paid.
Information to be laid within one calendar month
after sale and delivery of bricks or tiles, s. 7 ;
appeal allowed to session within four calendar
months, on giving twenty-one days notice in wri-
ting to the party complained of, and within eight
days after such notice entering into recognizance
before a justice, to try the appeal. The decision
of the session is conclusive, and not removable by
ccriiurari or otherwise, s. 8.
A person selling bricks less than the statutable
dimensions, cannot recover their value. \\ E.
Rep. 300.
Form of Conviction,
I3e it remembered, fliat on the day of —.
fn the year of ouv Lord 1817, A. B. of is convicted before
me S. P. Esq. one of His Majesty's justices of the peace for
the county of , for that [state Ihe particulars of the offence,
the time and place ichen and ichere committed, and the penalty
incurred] .
Given under my hand and seal, the day and year aforesaid.
Bridges, iif
BRIDGES.
Householders dwelling- in any county or town,
whether occupiers of lands or not, and all persons
having- lands in their possession, whether they
dwell in the same county or not, are liable to be
rated as inhabitants towards the repairs of a public
bridge.— 22 H. VI I L c. 5.
By 1 Ann, c. 18, the justices at their quarter ses-
sions, on presentment made of want of repairs, are
to assess every town, parish, &c. in proportion,
towards the repairs of a bridge; the money to be
levied by the constables, and paid by the high con-
stables, who are to remit it to the treasurer ap-
pointed by the justices, to be expended, according-
to their order, in the repairs.
All matters relating to repairing- bridges to be
determined in the county where they lie, and no
indictment or presentment to be removed by certio-
rari, — but in the case of the King v. the Inhabitants
of Cumberland, 6 T. R. 194, it was determined
that the prosecutor might remove by certiorari,
upon the principle that if not allowed the defend-
ants would try their own cause. See the judgment
of the House of Lords, Bos. and Pull. 354. — The
evidence of inhabitants of places where bridges are
in decay is admitted.
Justices at quarter sessions, may purchase an
acre of land for building or enlarging county
bridges, 14 Geo. II. c. 33, and ground to be piid
13
118 Bridges.
for out of the money to be raised by stat. 12 Geo. IT.
c. 29, s. 14, for better levying' county rates; and, by
this statute, justices at their quarter sessions, may,
on presentment by g^rand jury (but not without) con-
tract for re-building and repairing public bridges.
Surveyors of county bridges are empowered to
get materials for repair of bridges in like manner
as surveyors of highways, under 13 Geo. III. c. 78,
and the quarter sessions may improve, widen, or
alter the situation of county bridges, 43 Geo. Ill,
c. 59. — Inhabitants of counties may sue for damage
done to bridges in the name of the surveyof. 6-. 3.
No bridge erected by private persons,after passing
this act, to be deemed a county bridge, unless built
in a substantial manner, under the direction of the
county surveyor and the quarter sessions, s. 5.
Act not to extend to bridges repaired by tenure.
By 52 Geo. HI. c. 1 10, no part of the money to be
raised and collected in pursuance of the act 1 2 Geo,
II. c. 29, shall be applied to the repair of bridges,
&c. until presentment made by the grand jury's great
sessions, general gaol delivery, or general or quarter
sessions of the peace, of their insufficiency or want
of repair; and when any bridges are to be repaired
at the expense of the county^ the justices at their
general or quarter sessions, after presentment may
contract with any person for re-building or repair-
ing, or amending the same ; and any sudden injury
or defect may be repaired by order of the justices,
a* their general or quarter sessions aforesaid, with-
out such presentment : the justices may appoint
Sriclges. 1 1 9
annually two or more justices to superintend and
order any immediate repairs to be done, provided
they do not expend more than ,^20. in such repairs.
Justices at their general or quarter sessions may
contract and agree with a commissioner or trustee
of the turnpike-road, their surveyor or clerk, or
with surveyor of the highways of any parish, &c.
within the county, for repairing roads over county
bridges, or so much thereof as is required to be re-
paired at the expense of the county, for any term
not exceeding seven years, nor less than one, with-
out any presentment, as directed by 12 Geo. II.
aforesaid.
The act 54 Geo. III. c. 90, extends the provisions
of the act 43 Geo. III. c. 59, to bridges repaired by
the inhabitants of hundreds and other divisions of
counties.
By 55 Geo. III. c. 143, surveyors of county bridges
employed under contract, are empowered by order
of two justices of the peace for the county in which
such bridge is intended to be built, to search for,
dig, get, and carry away stone from any quarry,
from any county to which bridge may belong,
(except quarries situate in gardens and pletisure
grounds) without consent of the owner, satisfaction
being made to such owner; and in case of a refusal
\o treat, the justices at general or quarter sessions
to cause the value of the stones, and amount of da-
mage done by the getting and taking awiay the
same, to be ascertained by a jury: justices may
issue their warrants to the sheriff to empannel such
120 Bridfres.
jury, to consist of twelve men chosen by ballot out
of twenty-four men required to be summoned ; and
they have power to fine such sheriff for making de-
fault; any juryman not atten 'ing, or refusing- to be
sworn, or being sworn, shall refuse to give, or shall
not give a verdict; and also on any person who be-
ing summoned and required to give evidence before
the said jurj^ shall refuse or neglect to appear, or
appearing shall refuse to be sworn or give evidence,
shall forfeit not more thai\ ^10. nor less than 20s.
on any one person for one offence. If jury shall
deliver a verdict for more money than hath been
offered for the purchase by such surveyor, the costs
and expenses of witnesses and jury to be paid out
of the county rate; but if the jury deliver a verdict
for no more or less money than the costs and ex-
penses to be paid by the person with whom such
controversy shall arise, to be levied by warrant of
one of the said justices, by distress and sale of the
goods of the person made liable to the payment
thereof, s. 3.
Persons aggrieved may appeal to the quarter
sessions within three weeks after the complaint
shall arise, appellant giving 14 days notice of his
intention, and within three days after such notice,
entering into recognizance with two sureties, to try
such appeal, and abide the order of the sessions ;
the determination of such justices to be final.
Justices at their gevicrul qi arter sessions may
contract and agree for the i
fore two justices; shall forfeit ^100. or committed
for eig-hteen months to hard labour. 6 Anri^ e. 31.
14 Geo. HI. c. 78, s. 84. The penalty to be paid
to the chm'chwardens for the use of the sufferer.
Any person threatening to burn houses, &c. may
be brought before a justice, and committed in de-
fault of finding- security for the peace; and by
9 Geo. c. 22, persons sending a letter, whether
anonymous or with a fictitious name, threatening*
to burn any house, &c. shall be guilty of felony,
without clergy.— By 28 Geo. II. c. 19, s. 3. burn-
ing furze or fern, on forests or chases, without
consent of the owner or keeper, incurs a penalty of
from 40s. to <^5. or in default, commitment from
one to three months — half the penalty to informer,
and the remainder to the poor, on contiction ou
oath of one witness, before one justice, or on view.
Information against a Person for burning a Dwelling-house.
to wit. Be it remembered, That on the day of ,
in the 57th year of the reign &e. at in the said county,
A . B. of , yeoman, coraeth before us W. S. and S. P. Esqrs.
two of His* Majesty's justices of the peace in and for the said
county, and giveth us to understand and be informed, thai one
CD. ou the day of , in the year of our Lord 181 7,
unlawfully, maliciously, voluntarily, and feloniously, against
the statute in that case made and provided, set fire to and
burnt the dwelling-house ofE.F. situate at in the county
aforesaid, and thereupon the said A. B. prayeth the judgment
of us in the premises, and that our warrant may issue against
the said C. D. to answer the premises.
Exhibited before us,
W.S.
s. v.
I2ii Burning.
Warrant thereon.
To the Constable of .
to wit. Whereas A. B. of , hath this day made
complaint on oath, before us W. S. and S. P. Esquires, two of
His Majesty's justices of the peace in and for the said county,
that [state the offence as in the information] . These are there-
fore to command you forthwith to apprehend and bring before
us at , at the hour of in the noon, the body of
the said C. D. to answer the said complaint and to be further
dealt with according to law.
Givenunder our hands and seals, &c.
Commitmenf.
To the Keeper of the Common Gaol at -.
to wit. Receive into your custody the body of C. D.
herewith sent you, and charged this day before us the under-
signed, two of His Majesty's justices of the peace in and for the
sard county, on the oath of A. B. with having [state the offence
as before], and him there safely keep until he shall be dis-
charged in due course of law.
Given under our hands and seals, &c.
Commitment of a Servant for negligently setting Fire to a
Dwelling-House^ under 6 Ann, and 14 Geo. III.
To the Constable of , and to the Keeper of the House of
Correction at in the county of .
to wit. Whereas A. B. servant of C. D. of &c. was on
the day of the date hereof lawfully convicted before us W. S.
and S. P. Esquires, two of His Majesty's justices of the peace
for the said county, upon the oath of E. F. of &c. That he the
said A. B. did on the day of last, through negli-
Butcher. 127
gence, set fire to, or cause to be fired, the dvvelHng-liouse of the
said C. D. situate at , by reason whereof, and by force of
the statutes In tliat case made and provided, he the said A. B.
hath forfeited the sum of ^100. And whereas the cliurch-
wardens of the parish of where the said fire did happen,
have made Appear to us on oath, that immediately upon the
said conviction they duly demanded of the said A. B. the said
sum of j^lOO. to be distributed by them as the law directs,
but the said A. B. did refuse and neglect to pay the same ;
These are therefore to command you, in His Majesty's name,
to apprehend [if not in custody] and convey the said A. B. to
the house of correction at aforesaid, and deliver him to
the keeper thereof, together with this precept; and j'ou the
said keeper are hereby commanded to receive the said A. B.
into your custody, and liim detain and keep in the said house of
correction, to hard labour for the space of eighteen months
next ensuing.
Given under our hands and seals, &c.
The Information, &c. may be in the same form as those imme-
diately preceding.
BUTCHER.
Butchers conspiring to sell their victuals at cer-
tain prices, shall forfeit ^10. to the King-, for the
first offence; and if not paid in six days, they may
be imprisoned twenty days, and be fed on bread
and water; for the second offence, shall forfeit
ji^20. or be pilloried ; and for the third offence,
c^40. or pillory and loss of an ear. 2 and 3
£div. FL c. 15.
I-f any butcher kill or sell victuals on a Sunday,
he siiall forfeit 6s. 8d. one third to the informer,
ajid the remainder to the poor, on conviction be-
us Buittr.
fore one justice on bis own view, or confession, or
oath of two witnesses; to be levied by constable
or churchwardens. 3 C. e. 1.
BUTTER
To be packed in vessels of good and well sea-
soned timber, not leaky ; such vessel to be a tub,
firkin, or half firkin, and no other, and shall be of
the weight, proportion, and capable of containing
the several quantities following, vi%. the tub to
weigh, including the top and bottom, not less than
11 lb. nor more than 15 lb. avoirdupois; top or bot-
tom not to be more than five-eighths of an inch
thick, and capable of containing not less than 84 lb*
— ^The firkin to weigh from 7 to 1 1 lb. the top and
bottom not more than four-eighths of an inch thick,
and to contain 561b. — The half firkin from 4 to
61b. top and bottom three-eighths of an inch thick,
to contain 28 lb. on pain of forfeiting 10s. for every
vessel, 36 Geo. HI. c. 86, s. 1. — Maker to brand
his name legibly, with the exact weight or tare
thereon, under like penalty, s. 2. — And by 3 Geo. III.
c. 13, maker, in addition to his name, to mark his
place of abode, viz. if he dwell in a city or mar-
ket town, then the name thereof; if in a village,
township, liberty, hamlet, or other division of a
parish, then the name of the parish in which same
is situate; and if an extra-parochial place, then
the name of the adjoining parish, on pain of for-
feiting I OS. for every default.
Butter, \2d
Dairymen to pack butter in no other vessels, and
to brand on the inside at the bottom, on the out-
side at the top, and on the bouge of the staves,
their christian and surnames, on pain of ^5. s. 3.
The quantity packed shall be good, and in weight
84 lb. exclusive of tare of the cask in each tub, —
5Glb. in a firkin, — and 28lb. in a half firkin. Butter
not to be mixed with great salt, on pain of ^5. for
each offence, s. 4.
Any farmer, dairyman, factor, or other person
guilty of fraud in respect of the said matters, for-
feits\^30. s, 5. and if not the full quantity deli-
vered, satisfaction to be recovered by action, s. 6.
Persons re-packing butter (except foreign butter)
for sale again, to forfeit ^5. s. 8. Counterfeiting
the names or marks of farmers, penalty ^40. s. 9.
The penalties under this act not exceeding ^5.
are recoverable before one justice by distress, and
in default, commitment from twenty-eight days to
three calendar months; if exceeding ^5. by action^
the whole to the informer, s. 10, 14.
By 38 Geo. III. c. 73, factors or dealers buying
butter not legally marked, to forfeit 20s. and hav-
ing it in their possession in vessels not legally
marked, los.
Appeal allowed to session on magistrate's con-
viction. — Prosecution to be commenced within four
months after offence.— Conviction to be on parch-
ment and filed at the session.— See 4 William c. 7,
respecting shipping butter for London, and
K
ISO Batter.
8 Gto. II. c. 27, and 17 Geo. II. c. 8, local acts
concerning the city of York and New Malton.
Information for sellirig Butter in a tub not marked according to
the directions of the Jet, 36 Geo. III.
to wit. Be it remembered, That on the day of
' , in the year of our Lord 1817, at the town of in
the said county, A. B. of in the said county, yeoman, in
his own proper person, cometh before me S. P. Esq. one of
His Majesty's justices of the peace in and for the said county,
and giveth me to understand and be informed, that C. D of
in the said county, farmer, within four months now last
past, that is to say, on the day of , in the year 1817,
at the said town of in the said county, did pack for sale
and sell to the said A. B. a quantity of butter, of the weight of
lb. in a tub [or vessel] whereon the christian and surname
of the said C. D. was no where branded with iron, or otherwise
marked on the outside, against the form of the statute in that
case made and provided, whereby the said C. D. hath forfeited
for the said oflf'ence the sum of ^5. wherefore the said A. B.
prayeth judgment of me the said justice in the premises, and
that the said C. D. may be summoned to appear before me to
answer the same.
Exhibited before me,
S.P.
Form of Conviction.
- to wit. Be it remembered. That on this day of
, 1 81 7, A. B. is convicted before me S. P. Esq. one of
His Majesty's justices of the peace in and for the county of
, for that the said A. B on the day of last, at
in the said county, did [state the offence], contrary to the
form of the statute in that case made and provided; and I the
said S. P. do adjudge him to forfeit and pay for the said oflPence
the sum of ^ .
Given under my hand and seal, the day and year first above
mentioned.
S P. :
Buttons, 131
BUTTONS.
Foreign buttons are not to be imported, on pe-
nalty of .^100. on importer, and ^50. on seller;
and a justice may issue his warrant to search for and
seize them, 13 and 14 Car. II. c. 13, and 4 PFUliam
and Mart/, c. 12. — No person to make, sell, or set
on, buttons made of wood only (the shank of wire
makes no difference), under penalty of 40s. a dozen.
10 William III. c. 2, nor buttons made of clotk
or stuff of which clothes are usually made. — By
Stat. 8 Ann, c. 6, no taylor or other person shall
make, sell, set on, use, or bind on any clothes, but-
tons or button holes of cloth, on pain of ^5. a
dozen.
By 7 Geo. I. stat. 1, c. 12, no person shall i{se
or wear on any clothes, (velvet excepted), any such
buttons or button holes, on pain of 40s. a dozen,
half to the informer; for the other moiety no di'
rection is given. — This act is, in other particulars,
very incorrect, and it is observable, that though
none of these acts are repealed, they are daily vio-
lated with impunity; the restrictive clauses are
generally considered as injudicious and impolitic.
By 3Q Geo. III. c. 6o, Persons ordering a ma-
nufacturer to put marks on buttons not indi-
cating their true quality, to forfeit the buttons and
^5. for any quantity not exceeding five dozen, s. \,
and no marks to be used but suO.h as express the
K 2
13i2 Buttons.
real and bojiaJide(\\iii\\\.\- of such buttons; nor shall
any person pack for sakj buttons, wliich paper or
pack shall be falsely marked and not indicate the
true quality, on pain of forfeiting the same, and
also ^b. for any quantity exceeding one dozen,
and not exceeding- twelve dozen; and if above
twelve dozen, after the rate of ^1. for every twelve
dozen. ^. 2. — ^And no other words than the words
^^7/ or /;/(Z^^r/ shall be marked on such buttons or
cards, on pain of forfeiting the same, and ^5.
for any quantity exceeding one dozen and not
more than twelve dozen; and if exceeding twelve
dozen, then at the rate of ^1. for every twelve
dozen, s. 3. — Provided that no penalty be inflicted
for printing &c. the words double gilt or treble gilt,
if the same are gilt conformable to the directions
©f this act. s. 4.
Persons sending bills of parcels not expressing
the real quality of the buttons, knowing the fact,
to forfeit ^'20. s 5. and mixing buttons of differ-
ent qualities to forfeit the same, and ^5. for any
quantity not exceeding one dozen, nor more than
twelve dozen ; and if exceeding twelve dozen, then
^1. for every twelve dozen, s. 6.
One justice, in the place where offence commit-
ted, may by warrant cause buttons liable to for-
feiture to be seized, and may detain them for the
purpose of being produced as evidence; and when
no further necessary, shall order them to be de-
stroyed; and two justices, where offender reside«
Butto7is. 133
or where offence committed, may hear and deter-
mine the same within three calendar months ; and
on proof on oath of one witness, or by confession,
may levy by distress and sale the pecuniary penalty
(and costs, in his discretion,) unless goods redeemed
in five days, inclusive of the day of seizure; half the
penalty to the informer and half to the poor :
if no distress, offender to be committed to the gaol
where information laid, for any time not exceeding
three calendar months, unless penalty and costs
sooner paid. s. 8, 14, 15, and l6.
Appeal allowed to the next sessions, whose deci-
sion is final. ^. 9-
Justices may mitigate penalties not less than
half, but where the same shall be less than ^40.
then not below ^20. s. 10.
No conviction to be set aside for want of form,
or through mistake of facts alleged, if proved.
s. 11, 12.
Penalty for witnesses not appearing or refusing
to be sworn, ^5. ^.13.
Offenders discovering their employers to two jus-
tices, before information, not to be liable to pe-
nalties, s. 18.
- Manufacturer proving that he ordered buttons
to be gilt, as required by the act, and gave sufiici-
ent gold for that purpose, not to be liable to pe-
nalties. *. 19-
This act not to extend to buttons made of gold,
«Uver, tin, pewter, lead, or mixtures of lead or iron
K3
134 Suttons.
tinned, or of Bath or white metal, or any metals
inlaid with steel, or buttons plated upon shells.
s. 20.— Information or action to be brought within
three calendar months.
Information for exposing to Sale Metal Buttons marked "Gilt"
which were not so, under Stat. 36 Geo. Ill c. 60.
to wit. Be it remembered, That on the day of
, in the year of our Lord 1817, at the parish of — — in
the said coiinty, A. B. of the parish of in the said county,
Cometh before us W. S, and S. P. Esquires, two of His Ma-
jesty's justices of the peace for the said county, and as well for
himself as the poor of the parish of aforesaid in the
county aforesaid, exhibiteth unto us an information and com-
plaint, and thereby givcth us the said justices to understand
and be informed, that after the 1st day of August, 1/^6, and
within the space of three calendar months last past, to wit, on
the day of 1817, at the parish of in the
county aforesaid, C. D. of the parish of aforesaid, a ma-
nufacturer and maker of metal buttons, did unlawfully and
fraudulently put and place, and cause to be put and placed for
sale, in and upon certain cards other than pattern cards, divers
metal buttons, to wit, dozen, each and every of the said
buttons having then and there marked on the under side thereof
a certain word indicating the quality thereof, to wit, the word
*^GiLT," the said metal buttons not then being, nor any or
either of them being gilt with gold, he the said C. D. then
and there well knowing the same metal buttons and each and
every of them not to be gilt witii gold, contrary to the form of
the statute in that case made and provided ; by reason whereof,
and by force of the statute in that case made and provided, the
said C. D. hath for the said offence forfeited the said metal
buttons, together with the sum of ji of lawful money of
Great Britain; wherefore the said A. B, prays the judgment of
us the said justices in the premises, and that the said C. D.
may be convicted of the said offence, according to the form of
the statute in that case made and provided; and that the said
C. D. may be summoned to appear before us the said justices,
to answer to the said information and complaint^ and make his
defence thereto before us.
Cards and Dice. 1 ^5
Conviction thereon.
• to wit. Be it remembered. That on the day of -
In the year of our Lord 1817, at in the county of ,
A.B came before us W.S. and S. P. Esquires, two of His Ma-
jesty's justices of the peace for the said county, and informed us
that C. D of in the county of , on the day of
now last past, did [state the facts as in the Information] whereupon
the said C. D. being duly summoned to answer the said charge,
appeared before us on the day of , at in tlie
said county, and having heard the cliarge contained in the said
information, declared he was not guilty of the said ofFence [or
did not appear before us in ptirsuavce of the said Summons],
[or did neglect and refuse to make any defence against the
said charge], but the same being fully proved before us, on
the oath of E. F. a credible witness [or acknoicledged and
voluntarily conjessed the same to be true] ; and it manifestly
appeared to us that the said C. D. is guilty of the offence
charged to liim in the said information, we do therefore
hereby convict him of the ofFence aforesaid, and do declare
and adjudge that the said CD. hath forfeited the said but-
tons, together with the sum of ^ . of lawful money o^
Great Britain, for the offence aforesaid, to be distributed as
th3 law directs, according to the statute in that case made and
provided.
Given under our hands and seals, &c.
CABBAGES Stea/mg.-^See TURNIPS.
CARDS AND DICE.
No playing cards or dice shall be imported,
10 Ann, c. 19. Selling second-hand cards incurs
^20. penalty, by 29 Geo. II. c. 13, s. 10, and ^5,
per pack, by 16 Geo. III. c. 34.
Cards or dice unstamped, used in any gaming-
house, a penalty of jOb. attaches to the seller.
K 4
136 Carriers.
The penalties are not recoverable before a jus-
tice, but by action; though a justice, on information
on oath, may issue a warrant to seize the tools, &c.
for making cards and dice, in any place not legally
authorizcd ; and if not replevied in five days, may
be sold. 6 Geo. I. c. 21.
CARRIERS.
Justices at the next quarter sessions after Easter-
day, are to settle the rates of land-carriage of goods,
by any common carrier, who is to forfeit ^5. for
taking more. 3 and 4 William and Mary, c. 1 2, — ■
Waggoners or carriers demanding more than al-
lowed by justices, for carriage to London, or to any
place within the bills of mortality, to forfeit jOo. to
the party grieved. 21 Geo. II. c. 28. to be reco-
vered as by said act 3 William or by distress and sale
of his goods by warrant of two justices of Middle-
sex, Surry, London, or Westminster, s. 3. And
waggoner or carrier's name to be written on the
carriage, on pain of 20s. Ibid, but by 13 Geo, III.
c. 78, the penalty is extended to not more than
^5. nor less than 20s.
Carriers travelling with a waggon, horse, &c. on
Sunday, to forfeit 20s. on conviction, (within six
months), by one justice on view, confession, or
oath of two witnesses, to be levied by distress to
the use of the poor; but a justice may award any
sum, not exceeding one third of the penalty to in-
former^ 3 Car. c. 1,
Carriers. 137
Information agavist a common Carrier, for travelling on the
Lord's Day.
to wit. Be it remembered, That on the day of
, in the year of our Lord 181/, at in the said county,
A. B. of the parish of in the said county [labourer], carue
personally before me S. P. Esq. one of His Majesty's justices
of the peace in and for the said county, and giveth me the
said justice to understand and be informed, that on the
day of last, the same being tl^e Lord's Day, commonly
called Sunday, and within six months last past, one C, D. late
of in the said county, common carrier, did travel with
his common stage waggon and horses on the King's
highway, in the parish of aforesaid in the county afore-
said, against the form of the statute in such case made and
provided, whereby the said C. D. hath, for his oifence afore-
said, forfeited the sum of 20s.
Exliibited before me,
S.P.
A.B.
Summons tJiereon.
To C. P. of ,
to wit. Whereas complaint and information hath been
made before me S. P. Esq. one of His Majesty's justices of
the peace for the said county, by A. B. of , That you the
said C. D. on the day of , IS 17, being the Lord's
Day, commonly called Sunday, with your horses into and
through the parish of in the county aforesaid, did travel,
contrary to the statute in tliat case made and provided. Tliese
are therefore to require you personally to appear before me, at
in the said county, on tlie day of , at the
hour of in the ——noun, to answer to the said complaint
and information made by the said A. B. who is likewise or-
dered^ to be then and there present to make good the same. —
Herein fail not.
Given under my hand and seal &c»
138 Cattle.
Distress Warrant for the Penalty,
To the Constable of .
to wit. Whereas C. D. of in the county of -
is duly convicted before me, one of His Majesty's justices of
the peace for the said county, for that he the said C. D. on the
day of 18 17, being the Lord's day, commonly
called Sunday, with his horses, into and through your said
palish of did travel, contrary to the statutes in that case
made and provided, whereby he hath forfeited the sum of 20s.
of lawful money of England.
These are therefore to command you forthwith to levy the
said sum of 20s. by distraining the goods and chattels of him
the said C. D. and if within the space of days next after
such distress by you taken, the said sum shall not be paid,
together with the reasonable charges of taking and keeping the
same, that then you do sell the said goods and chattels so by
you distrained, and out of the money arising by such sale that
you do pay the sum of 6"s. 8d. part of the said sum of 20s. to
A. B. who informed me of the said oft'ence, and that you see
the remaining sum of 13s. 4d. employed to the use of the poor
of your said parish of , returning to him the said C. D.
the overplus, upon demand, the reasonable charges of taking,
keeping, and selling the said distress -being first deducted.
And you are to certify to me, with the return of this precept,
what you shall hav^e done in the execution thereof.
Given under my hand and seal, at , this ■ day of
■? — ■ J in the year of our Lord 1 8 1 7.
CARROTS. See TURNIPS.
CATTLE.
By 22 and 23 Car. II. c. 7, Killing (maliciously)
horses, sheep, or other cattle, is felony, but offender
may elect to be transported seven years; and if any
horses, &c« shall, in the night, be maimed or
Certiorari* 139
wounded, though not killed, the oifender to forfeit
treble damages, or three justices (1 Q.) may inquire
by jury and witnesses, which they are empowered
to summon, and may apprehend offenders. But by
the Black Act, 9 Geo. I. c. 22, maliciously killing,
maiming or wounding cattle, is made felony ; but
the malice must be against the owner. 2 East,
P, C. C. 22, *. 16.
Driving away or killing cattle, with intent to
steal either the whole or part of the carcase, is fe-
lony, without clergy, by 14 Geo. II. c. 6, and 15
Geo. II. c. 34, and £\0. reward to prosecutor, if
the offender is convicted.
Commitment fcyr maiming Cattle, under 9 Geo. I. c, 23.
To the Keeper of ,
.1 to wit. Receive into your custody in the said gaol,
the body of A. B. charged this day on oath, before me J. C.
Esq. one of His Majesty's justices of the peace in and for the
said county, with having maliciously, unlawfully, and feloni-
ously maimed two cows, the property of C. D. of in the
said county, farmer, by cutting oH their tails, and otherwise
wounding them; and him in the said gaol safely keep, until he
shall be delivered thereirom in due course of law.
Given under my hand and seal^, &c.
CERTIORARI.
A certiorari is a writ issuing out of the Crown
Office in the King's name, and its object is to re-
move the proceedings of courts of inferior jurisdic-
tion into the Court of King's Bench for revision.
140 Certiorari.
Justices may certify to the King-'s Bencli indict-
ments or recognizances taken befoi-e tliem witliout
a certiorari. JJalt. c. 195.
It does not lie to remove any other than judicial
acts. Saycr 6, Cald. Ca. 309. It lies in such cases
where writ of error will not lie. 1 Salk, 149, ex-
cept where a statute directs otherwise. 1 Lord Ray,
46'9, 580. — And it lies to justices in such cases
where they are by statute empowered finally to
hear and determine, unless taken away by express
words in the statute. 2 Hawk. c. 2/, s, 23. — And a
statute authorizing a summary conviction by a jus-
tice, with an appeal to the sessions, whose decision
is declared to be final, does not take away the
certioraii, though appeal made and determined.
8 T. R. 542. therefore, all summary proceedings,
orders, and convictions before magistrates may be
removed by certiorari after judgment ; but if judg-
ment given on an indictment, the record can only
be removed by writ of error. 7 T. R. 373. and an
indictment cannot be removed by certiorari after
conviction, and before judgment awarded, unless
for special cause shewn. 2 Haw. c. 27, .y. 31.
No certiorari lies to remove orders of justices
where an appeal is given to the sessions, until the
appeal is determined, unless the time for appealing
is expired, 1 Sulk. 147. — But it was held that an
appointment of overseers might be removed befoi-e
an appeal to the sessions ; for the case in Salkeld
extends only to cases where a limited time for ap-
Certiorari. I4l
pealing is "given; but the statute 43 Eliz. c. 2, not
being* so restrained, if appeal lodged, no cer-
tiorari shall issue until the sessions have deter-
mined the appeal. Str. 991. — It will not lie to re-
move an indictment for the purpose of moving for
a new trial. 13 E. R. 411.
The prosecutor may have this writ as a matter of
right ; but it is in the discretion of the court to
grant or refuse it to the defendant. 4 Bur. 2456,
and if indictment removed at the instance of the
defendant, on conviction he shall pay costs to the
prosecutor, but only such as have been incurred
subsequent to the certiorari. & fF'. c. 11, and 8 and
9 ^ f. 56.
Certiorari to remove convictions, orders, or other
proceedings of justices, to be applied for within
six calendar months from the date of conviction,
&c. and six days notice to be given to justices ;
13 Geo. II. c. 18. Str. 2^1. 4 T. R. 281. the
six days notice must be given previous to the ap-
plication for the rule to shew cause. 5 T. R. 279 ;
but such notice is unnecessary on removing in-
dictment from the sessions. 1 East. Rep, 298.
It removes all proceedings between the teste and
return, and supersedes the further proceedings
of tlie justices, except it is delivered after the jury
sworn ; and justices may impose a fine to complete
their judgment after certiorari delivered. 2 Lord
R(nj. 1515. '
It seems to be settled that a certiorari does not
142 Certiorari.
supersede the obligation of a recognizance. 2 Haw,
c. 27, s. 65. And a prisoner in custody, by virtue
of a warrant of a justice, for want of sureties, can-
not be discharged (after certiorari lodged) without
entering into recognizances to answer the com-
plain/v for which he is detained.
Persons suing out a certiorari, removing any con-
viction, &c. to enter into recognizance with sure-
ties, before a justice of the county, or judge of the
King's Bench, in ^50. with condition to prosecute
the same with effect. 5 Geo. II. c. 19. and the two
sureties must be in addition to the party issuing
the writ. 4 jT. /?. 281.
Recognizance on Certiorari.
to wit. Be it remembered. That on the day of ^
in the 57th year &c. A. B. of in the county of ,
C. D. of , and E. F. of , came before me S. P. Esq.
one of the keepers of the peace and justices of our L( rl the
King, in and for the county of , and acknowledged to
owe to our sovereign Lord the King the sum oi d.oO. of lawful
money of Great Britain, to be levied upon their goods and
chattels, lands and tenements, to His Majesty's use, upon con-
dition, that if shall prosecute with effect, without any
wilful or affected delay, at his own proper costs and charges, a
writ of certiorari issued out of tiie court of our said Lord the
King, before the King himself, at Westminster, to remove into
the said court all and singular the records of conviction, of
whatever trespasses and contempts, against the form of the
statute made and passed in the year of His present Ma-
jesty's reign, intituled " An Act &c." whereof the said is
convicted before me S. P. Esq. one of the keepers of the peace
and justices of our said Lord the King in and for the county of
, and shall pay to the prosecutor, within one month next
after the said records of conviction shall be confirmed in the
Charitable Donations. 143
said court, all his said full costs and charges, to be taxed ac-
cording to the course of the said court, then this recog-
nizance to be void or else to remain in full force.
Taken and acknowledged the day and year first above said.
S. P.
Return to a Writ of Certiorari by a Justice of the Peace,
[on the back of the Certiorari.]
" The Execution of this Writ appears in the Schedule hereto
annexed.
S. P."
[The name of the convicting justice. 1
to wit. I S. P. one of the keepers of the peace and
justices of our Lord the King, assigned to keep the peace
within the said county, and to hear and determine divers fe-
lonies, trespasses, and other misdemeanors committed in the
said county, by virtue of this writ to me delivered do under my
seal certify unto His Majesty, in his court of King's Bench,
the record of conviction of which mention is made in the same
writ. In witness whereof 1 the said S. P. have to these pre-
sents set my seal.
Given at in the said county, this day of , in.
the 57th year of the reign of our said Lord the Xing, and in
the year of our Lord 181 7.
S. P.
The conviction is to be annexed to the writ,
and returned with it, but not the information or
depositions ; and the conviction must be returned
on parchment, or the return may be quashed.
CHARITABLE DONATIONS.
By 5 2 Geo. 111. c. 102, a memorial is to be regis^j
tered by the trustees, &c. of the real and personal
estates, and gross annual amount, and of the parti-
14i Charitable Donations.
ciilar olijcct of every charitable donation, with the
clrrk of the peace, who shall send a duplicate copy
to be enroUeil in chancery, .s. 1. If not registered,
txro or more persons interested may petition the
chancellor to compel it. s. 5.
Not to extend to any donation not secured on
lands, or not permanently invested in stocks or
funds, nor to any charity distributable at the dis-
cretion of trustees.
Form of the Memorial.
A memorial or statement, in pursuance of an
act for tlie registering and securing of charitable donations,
whereby it is declared by tbe undersigned, [state the name or
name:i of Ike pi'rsons icJlo sign the memorial or statement] that
the real or personal estate [state this as the case may be\ of the
[state the title or appellation] charity (or charitable donation^
consists of [state this as the case may be ; and if real estate,
rvhether it be in lands, teneme^its, or hereditaments, a7id of
tehat tenure and where the same are sitnate, or icheiher if
any charge oryineumbrance, or any lands, tenements j or he^
reditaments, and where situate; and if personal estate, de-
scribe the nature of it, and how secured, and ichat the gross
annual income arising therefrom amowits to,] and the ob-
jects of which charity or charitable foundation are [state the
general or particular ohjects of the charity], and which charity
Of charitable foundation was, according to the best of my, or
our [as iiie case 7nay be] knowledge and belief, founded by
[state by whom], and benefited, increased, or secured by, [if
So, state the sayne and by whom], and tbe deeds, wills,
and other instruments [state this as the case may be, and
if no deeds, ivills, or other instruments exist, state the sarne];
are, to the best of my [or our as the case tnay be] knowledge
and Ijelief, in the custody, possession, or controul [state this as
tfie case may be] of [state the name of the body corporate or
natural person] and the trustees, feoffees, or possessors [state
tfus as the case may be] of the said real and personal estate
Cheat. 145
[state this as the case may he} are, to the best of my [or our,
as the case may be] knowledge and belief [state the name of
the body corporate or natural person, as the case may be] .
A. B.
C. D.
Trustee or trustees.
Feoffees, possessor or possessors, of the
- real and personal estate [as the case may
be] of the charity or charitable donatioQ
hereby memorialized and registered.
CHEAT.
By Stat. 33 Hen. VIII, c. 1, s. 2, any person
falsely and deceitfully getting into bis possession
money or other things, hyfaL-e token or counterfeit
letter made in another man's name, on conviction
shall be punished by imprisonment, pillory, or other
corporal punishment, and two justices may commit
or bail offender until the next sessions, s. 3. — And
by 52 Geo. III. c. 64, which extends the provisions
of 30 Geo. II. c. 24, persons convicted of obtaining
money, goods, wares, or merchandizes, or any
bond, bill of Exchange, promissory note, or other
security for money, or warrant for deliveiy of goods
or other valuable thing, with intent to cheat or
defraud ; or sending threatening letters to extort
money or security for money, shall be punished as
if they had knowingly or designedly by false pre-
tences obtained money, &c. with intent to cheat or
defraud. In an indictment the false pretences must
be stated. 2 T. R. 581.— By 30 Geo. II. c. 24, one
L
146 Cheat,
justice may hear offences under this act, and bind
over prosecutors ; and if the goods fraudulently
obtained exceed ^20. in value, the recognizance to
be taken in double the value of the goods ; and no
person to be bailed without giving twenty-four
hours notice to the prosecutor of the names and
additions of the bail. s. I'j.
Warrant of two Justices to apprehend a Clieat,
under 33 Hen. VIII. c. 1.
To tlic Constable of .
to wit. Wiiereas complaint hath been made unto us
W. S. and J. C. Esquires, two of His Majesty's justices of
the peace &c. one being of the quorum, upon the oaths of
A. B. and CD. of , yeomen, that on tlie day of
, in the year of our Lord 1817, one E. F, of , yeo-
man, did, by a certain false privy token [or counterfeit letter] f
tliat is to say, by [here state the offence particularly], falsely
and deceitfully obtain and get into his hands and possession
[enumerate the articles], from G. H. of , contrary to the
statute in that case made and provided ; These are therefore to
command you, upon sight liereof, forthwith to brihg the said
E. F. before us at on the day of , to answer the
said complaint, and further to be dealt with according to law.
Given under our hands and seals, &c.
If 'arrant for obtaining Money under false Pretences.
To the Constable of .
to wit. Whereas A. B. hath this day made complaint
on oath before me, one of His Majesty's justices of the peace
for the the said county, that C. D. did on the day of
, knowingly, designedly, and under a certain false pre-
tence, obtain from him the said A. B. at in the county
aforesaid, the sum of 20s. the proper monies of him the said
A.B. with intent to cheat and defraud him thereof against the
Chimney -Siueepers. 1 47
form of the statute in that ease made and provided ; These are
therefore in His Majesty's name, to charge and command you
forthwith to apprehend the said C. D. and bring him before me,
at in the county aforesaid, to answer the said complaint,
and to be further dealt with according to law.
Given under my hand and seal, &c.
CHIMNEY-SWEEPERS.
By 28 Geo. III. c. 48, churchwardens and over-
seers, with the consent of two justices, may bind
any boy of eight years old or more, chargeable to
the parish, or who begs, or with consent of parents,
to a chimney-sweeper, till sixteen years of age^ his
age to be mentioned in the indenture.
Covenants for keeping boys under eight years are
void; and taking them otherwise incurs a penalty not
less than ^5. nor more than £\0. Ibid. Any justice
may act between masters and apprentices. Masters
not to keep more than six apprentices at one time,
on like penalty, and to affix a brass plate on boys'
caps, with his name and residence. — Same penalty
on masters misusing apprentice.
Masters are not to let apprentices to hire, nor
cause them to call the street before seven nor after
twelve o'clock, between Michaelmas and Lady-day;
nor before five and after twelve o'clock, between
Lady-day and Michaelmas, under the like penalty.
One magistrate may convict, and penalties are reco-
verable by distress, but warrant not to issue till six
days after conviction, and order for payment previ-
ously served on the party. Appeal lies to the session,
on giving recognizances and six days notice. IbicL
L 2
148 Chimney- Sweepers.
Odmney- Sweeper s\ Indentures.
This Indenture, made the day of ,
in tVie 57th year of the reign of our sovereign Lord George the
Third, by the grace of God of the united kingdom of Great
Britain and Ireland, King, Defender of the Faith, and in the
year of our Lord one thousand eight hundred and seventeen.
Between A. B., C. D., E. F. and G. K. churthwardens and
overseers of the poor of the parish of in the county of
, of the one part; and J. K. of the parisli of in the
county aforesaid, chimney-sweeper, of the other part, wit-
nesseth. That the said churchwardens and overseers, by and
with the consent and approbation of W. IS. and J. C. Esquires,
two of His Majesty's justices of the peace, acting in and for
the said county, signified as hereunder-written, have put and
bound, and by these presents do put and bind L. M. a poor
boy of the said parish, being of the age of years, to be
apprentice to the said J. K. he being his first [second, or as the
fact is] apprentice, to learn the trade, business, art and mys-
tery of a chimney-sweeper, and with him to dwell, remain and
serve from the day of the date of these presents, for and
during the term of years, from hence next ensuing, fully
to be complete and ended, during all which time the saidL. M.
his said master faithfully shall serve and obey, his secrets keep,
and his lav/ful commands every where gladly do and perform ;
he shall not haunt alehouses nor gaming-houses, nor absent
himself from the service of the said J. K. day or night without
his leave, but in all things as a faithful apprentice shall behave
himself towards his said master and all his, during the said
term: and the said J. K. in consideration of the good will which
he hath and beareth towards the said apprentice, and of the
faithful service to be performed by him, doth iiereby covenant,
promise, and agree with tiie said clmrchwardens and overseers,
that he the said L. M. his said apprentice, in the art and mys-
tery of a chimney-sweeper, which he now useth, shall and will
teach and instruct, or cause to be taught and instructed, in the
best manner that he can, and shall and will provide and allow
unto the said apprentice, during all the said term, competent
and sufficient meat, drink, washi.ng, lodging, apparel, and all
other things necessary for the said apprentice : And that the
said J. K. his executors, administrators, or assigns, shall not,
nor will assign over this present indenture, or the apprentice to
Chimney 'Sweepers* 149
be bound thereby, without the consent and approbation, in
writing, of two or more justices of the peace to be signed ac-
cording to the form of the approbation hereunder written. And
whereas from the nature of the business or employment of a
chimney-sweeper, it is necessary for the boys employed in
climbing, to have a dress particularly suited to that purpose,
wbich dress is only fit for that part of the occupation ; the said
J. K. doth hereby also covenant, promise, and agree to and with
the said churchwardens and overseers, to find and allow such
suitable dress for the said appreiitice, as often as need or oc-
casion shall be and require, and provide for and deliver to the
said apprentice, once in every year at least, during the term
aforesaid, over and above the said dress proper for climbing, one
whole and complete suit of clothing, with suitable linen, stock-
ings, hats and shoes: And further, that the said J. K. shall and
will, at least once in every week, cause the said apprentice to
be thoroughly washed and cleansed from the soot and dirt, and
shall and will require the said apprentice to attend the public
worship of God on the Sabbath day, and permit and allow him
to receive the benefit of any other religious instructions ; and
that the said apprentice shall not wear the svveeping dress on
that day. And the said J. K shall not, nor will compel and
oblige the said apprentice to call in the streets or any other
place before seven of the clock in the morning nor after twelve
of the clock at noon, between Michaelmas and Lady-day; nor
before five of the clock in the morning nor after twelve of the
clock at noon, between Lady day and Michaelmas ; And that
the said J. K. shall not, nor will at any time, during the said
term, let out his said apprentice for hire by the day, night, or
Otherwise, to any person or persons, exercising or using the
said trade; nor shall the said J. K. or any other person or per-
sons whomsoever by his directions, require or force him, the
said apprentice, to climb or go up any chimney which shall be
actually on fire, nor make use of violent or improper means to
force him to climb or go up any such chimney; but shall in all
things treat his said apprentice with as much humanity and
care as the nature of the employment of a chimney-sweeper
will admit of.
In witness whereof the parties abovesaid to the present in-
dentures have interchangeably get their hands and seals, the
day and year above written.
Sealed and delivered in the presence of
L 3
150 Church Rates.
Assent of the two Jvstices.
We tlie above named W. S. and J. C. two of
His Majesty's justices of the peace, acting in and for the
county of , having inspected and examined the above-
named L. M. do hereby consent and approve of his being
bound [or assigned over] as an apprentice to the above named
J. K. according to the terms and stipulations expressed in the
above-written indenture.
Information against a Master Cliimney-Siceeper for misusing
his yipprentice.
to wit. Be it remembered, that on the day of
' , in the 57th year of the reign &c. at in the said
county, A. B. of , gentleman, who prosecutes, as well for
himself as the poor of the parish of aforesaid, cometh be-
fore me J. C. Esq. one of His Majesty's justices &c. and giveth
me the said justice to understand and be informed, that on the
day of , in the year of our Lord 181 7? one C. D. of
■ , master chimney-sweeper, did unlawfully and against the
statute in that case made and provided, compel and oblige
E. F. then being the apprentice of the said C. D. to call the
streets in the tov/n and parish of aforesaid, after twelve
of the clock at noon of the same day, whereby the said C. D.
"hath forfeited for his said offence^ the sum of ^10. of lawful
English money; and therefore tlie said A. B. prayeth judgment
of me the said J. C. and that the said C. D. may be forthwith
summoned to appear before me to ansv/er the premises, and
that one half of the said penalty of s£\0. be paid to him the
said A.B.and the other half to the poor of the said parish of .
Exhibited before me this day of j 1817.
J. C.
CHURCH RATES.
By 53 Geo. III. c. 12", any person refusing to
pay any church or chapel rate, it shall be lawful
for one justice of the county where church or cha-
Churchwardens. 151
pel is situate, on complaint of church or chapel war-
den, by warrant of such justice to convene before
any two or more justices any person so refusing;
or neglecting to pay such rate, and to examine upon
oath into the merits of the complaint, and by order
under their hands and seals to direct payment of
what is due, so that the same do not exceed ^10.
besides costs; and on refusal or neglect to pay, one
of such justices by warrant may levy the same by
distress and sale. Appeal allowed to the next
cjuarter sessions, whose decision is final ; and if the
judgment of the two justices be affirmed, the same
to be decreed by the order of sessions, with costs^,
against the appellant, to be levied by distress and
sale of his goods; but if appeal made, no distress
warrant to issue till after such appeal is deter^-
mined, s. 7.
CHURCHWARDENS.
Justices of the peace have no general jurisdic-
tion over churchwardens, but only for acts done by
them as overseers, every churchwarden being an
overseeer. 43 Eliz. c. 2. s. I, The remedy against
them for any misconduct in their office of church-
warden is by process in the Ecclesiastical Courts,
or by action at common law. Da/t. 186. 1 Iieb. 571.
but if a churchwarden is sued for taking a distress
for a poors' rate, under the warrant of justices, he
is entitled to the protection given by 24 Geo. IL
c. 44. Harper v, Carr, 7 Durn, and East, 270.
L 4
152 Coals.
The same will equally apply to a distress for a
church rate, under 53 Geo. III. c. 127. and there-
fore if such action is brought against him without
making the justices defendants, he is entitled to a
verdict on proving the warrant of the justices.
COALS.
Defacing or altering marks on keels, boats, wag-
gons, &c. carrying coals after admeasurement (by
the Commissioners) in the ports of Newcastle and
Sunderiaid, and other parts, incurs a penalty of
^10. to be levied by distress, by warrant of one
justice ; and in default of distress, commitment to
the common gaol for three months. 30 Car. II.
■St. 1, c. 8. 6 and 7 // . c. 10 and 11. Geo. 11. c. 15.
and by 31 Geo. III. c. 36. — After such defacing, &c.
keels, &.C. to be re-measured and marked before
they are again used, under penalty of forfeiting the
boat, &c. and the coals, s. 1. And persons wilfully
removing, defacing, or destroying marks, shall on
conviction by one justice, on oath of one witness,
forfeit not more than £b. nor less than 40s. and
in default, be committed to house of correction
for not more than one month, nor less than seven
days. s. 4.
Three justices may set the price of sea coals
brought into any river, (except as excepted in 16
and 17 Car. II.) and sold by retail, allowing rea-
sonable profit to retailer; and if retailer refuses,
Coals. 153
justices may appoint a person to enter the place
where coals are deposited, and in case of refusal
may take a constable and enter by force, and sell
the coals at the rates fixed, rendering the money to
owner. 17 Geo. III. c. 35, s. 36.
By 47 Geo. III. c. 6*8, extending its operation to
London, Westminster, and the liberties thereof,
and certain parts of Middlesex, Surrey, Kent, and
Essex, within 25 miles of the Royal Exchange,
all penalties above^20. under this act are not
recoverable before a justice of the peace, but by
action at law; it is only necessary therefore to ab-
stract those clauses which relate to offences cog:-
nizable by justices.
Persons selling one sort of coals for anotlier, to
forfeit ^20. for every chaldron sold, and be sub-
ject to the penalty imposed by 9 Ann, or 3 Geo. II,
but not for the same oifence in respect of any
number of chaldrons above 25. s. 33.
Any meter or his man, coal-heaver or whipper,
who shall be detained on board any vessel beyond
the time he would have been detained if the deli-
very had been at the rate of 42 chaldrons per day,
the master or owner of such vessel shall pay him
not exceeding 7s. per day, as a justice shall direct,
if not through the default of such meter, &c. The
application to be within three days after the un-
loading is complete. The compensation so ordered
to be levied by distress and sale ; in case of non-
payment or in default, the offender may be com-
154 Coals,
mitted to the common gaol or house of correction
for not less than six months, unless the money
and costs sooner paid. ^.37. and if the detention
is occasioned by the coal buyer, he shall repay the
money to the ship owner ; which re-payment the
justice may order, and on refusal, the same may be
levied by distress and sale, or in default party to
be committed to prison for not more than six
months, unless money sooner paid. The applica-
tion to be made within ten clays after award of pay-
ment made to ship owner. 6". 38.
The wages of coal heavers, &c. to be paid in cur-
rent coin, under a penalty of ^10. for each offence;
the penalty to go to the informer, s. 49. And such
wages to be paid at a counting-house, or in the
vessel, and not at an alehouse, &c- under penalty of
£20. s. 30.
If coals delivered from the ship before five
o'clock in the evening, coal heavers, &c. to be paid
before seven in the same evening ; and if delivery
not completed at that hour, then payment to be
made before seven in the evening of the next day,
unless such next day be Sunday, &c. then before
nine o'clock of the day on which the delivery is
completed, under penalty of «£"20. s. 52.
Any person giving to any ship owner any reward,
or the latter receiving the same, for preferring any
particular coal-undertaker or gang of coal heavers,
incurs a penalty of ^20. s. 54.
Meter superintending the measurement " or de-
Coals. 155
livery of coals into any vessel, to give the person
having- the care of such vessel a certificate of the
quantity of coals measured, and shall state in such
certificate the number of chaldrons, or tons if sold
by weight ; and neglecting to give such certificate,
or wilfully giving a false number, inserting a
false name, or other false statement, to forfeit
not exceeding ^10. and the like penalty on the
person having the care of such vessel, for not waiting
a reasonable time to receive, or refusing or neglect-
ing to receive such certificate. s.b5. Lighterman to
deliver certificate to wharfinger under penalty of
not more than ^20. and any holder of a landing
place refusing to permit any person concerned in
the coals to inspect the certificate, to forfeit not
exceeding ^20. Any person wilfully erasing, de-
facing, or destroying certificate, to forfeit a like
sum. s. 56.
Persons preventing the vat from being filled by
the meter according to his directions, to forfeit not
exceeding ^20. s. 58.
Not less than fiv^e chaldrons and one vat, or some
multiple of that quantity, shall be delivered into
any barge or division thereof, except for the clear-
ance of the vessel, under penalty of not more than
^20. and any person having the care of such
lighter, who shall take away the same to prevent it
being loaded with the quantity directed, shall forfeit
a like sum. s. 62.
Meters delivering certificates without having
15G " Coals,
measured the coals, to forfeit not exceediag ^20.
Coals sold by pool measure to be loaded in sacks
in presence of one of the land coal meters ; and it
shall be lawful for such meter to measure the di-
mensions of all or any of such sacks, before such
sacks shall be filled ; and such meter shall, when
any room of coals in any lighter, &c. is sent from
9,ny such place as pool measure by any land carri-
age, see that the coals so loaded are taken out of the
particular room so sold, and that the whole of the
coals are emptied out of such room, and sent away
to the purchaser ; and in case he shall find any
sacks of less dimensions than required by this act,
or that any such doth not contain when loaded
three bushels of coals, or that such coals sold as
the coals of any room, shall not be so, or that the
whole of the coals contained in such room shall
not be entirely emptied out of the same, in such
case he may refuse to countersign the ticket by this
act directed to be delivered by every vender to the
purchaser ; and if any person shall in any manner
obstruct such meter, such person shall for such of-
fence forfeit not exceeding ^5. s. 93.
Every vender of coals (sold as pool measure) to
deliver to purchaser a vender's ticket before coals
delivered, under penalty of ^10. and carman neg-
lecting or refusing to deliver the same to the pmv
chaser or his servant, to forfeit a like sum. s. 94. .
Purchaser may require coals in any one sack to
Coals, 157
be measured gratis, before any of the coals shot,
under penalty of ^10. for refusing.
Coals exceeding eight bushels, sold by wharf
measure, shall be measured in the presence of a
land coal meter, by the heaped bushel measure, and
the contents of the meter's ticket to be sent with
such coals ; and purchaser may require coals to be
re-measured before one sack is unladen, and ticket
made complete and metage paid, shall be delivered
unaltered by labouring coal meter to the person
carrying such coals, who shall deliver it to the pur-
chaser, who shall pay the metage in such ticket ;
labouring coal meter refusing to deliver such
ticket to the person so employed, to forfeit not
exceeding £\0. and if person so employed alter,
or refuse or neglect to deliver same to purchaser,
to forfeit for such offence not exceeding 40s.
s. 102.
Coal meter, &c. permitting false measure, or de-
livering tickets for coals which he shall not have
seen measured, or countersigning ticket for coals
not having inspected them, to forfeit not exceeding
^£10. s, 104.
If coals sold for wharf measure shall be sent
without being measured, or without meter's ticket,
or if ticket not delivered to purchaser, the vender
to forfeit not exceeding 5^10. s. 105.
Coal sacks to be sealed and marked with white
paint in oil at Guildhall or Exchequer, and shall
measure 4 feet and 2 inches in length, by 2 feet
and 1 inch in breadth, (and no sack shall be sealed
158 Coals,
or marked which shall not at the time of marking- or
scaling measure in the inside thereof 4 feet and 4
inches in leng-th and 2 feet and 2 inches in breadth);
venders using- sacks unmarked, or not of the proper
dimensions, to forfeit not exceeding; 40s. nor less
than iiOs. for every such sack, and such sacks to
be destroyed, s. 107.
Labouring coal meters suffering sacks of less
dimensions to be made use of, to forfeit not ex-
ceeding* ^5. s. 108.
Bushel to be the same as prescribed by 1 2 A?in,
and any vender using any other bushel, or diminish-
ing; or permitting to be diminished, such bushel, to
forfeit not exceeding ^'20. and any person acting
under the authority of such vender, using- any other
bushel, or diminishing the same, to be committed
by one justice to the house of correction for not
exceeding three calendar months, s. 109.
All measures less than a bushel to be sealed or
stamped at Guildhall or the Exchequer, and any
person diminishing such measure, to forfeit not
less than ^10. s. no.
Coal dealer if dissatisfied with measurement sold
as wharf measure, may have them re-measured on
giving notice in writing to the office of the prin-
cipal land meter ; and if on re-measurement such
coals be equal to or exceed the quantity for which
they were sold by two bushels in any chaldron,
the meter who first measured such coals shall for-
feit 40s. for every bushel so exceeding-, and the
expense of the re-measuring, j. ill.
Coals, 159
Carman to carry a perfect bushel measure in his
cart, to be provided by vender or dealer, such
carman to forfeit not exceeding- ^10. for every
neglect, and vender not exceedinj^ ^20. s. 112.
Vender to deliver a ticket of coals sold by wharf
measure to the purchaser or his servant, under a
penalty not exceeding- ^20. and carman having-
received the same, not exceeding ^10. s. 113. and
carman, if required, to measure one sack in each
cart gratis, s, 114.
Carman refusing- to measure coals, or driving-
away without measuring (if required) or hindering
the purchaser from measuring the bushel measure,
or all or any of the sacks, to forfeit not exceeding
^20. nor less than ^5. and vender to incur the
same penalty. 6-. 115.
Coals sent by land carriage may be measured at
the desire of the purchaser, and if carman refuse or
prevent such measurement, he shall forfeit not ex-
ceeding ^10. s. Il6. Purchaser to send no-
tice in writing of his intention to have coals re-
measured to the vender and to the office of
the land coal meter, and to pay 6d. a chal-
dron for every chaldron so re-measured ; if any
sack shall not contain three bushels, the vender to
forfeit not exceeding 40s. for every sack so defici-
ent ; and if in the whole the coals do not contain
the quantity for which they were sold, if they were
sold as wharf measure, the vender to forfeit ^5.
for every bushel deficient ; and every such deficient
chaldron to go to the poor of the parish where
160 Coals.
such coals re- measured ; labouring meter who
measured such coals to forfeit 40s. for every bushel
so deficient, and the coal porters who first mea-
sured same for the vender, to forfeit 2s. 6d, for
every bushel so wanting ; but if coals sold by pool
measure, tlie vender shall, if such deficiency ex-
ceed four bushels and not exceed ten bushels in
any five chaldrons, and one vat so measured, forfeit
for every bushel so found deficient in every such
five chaldrons and one vat, 40s. and if such defici-
ciency shall exceed ten bushels in any five chal-
drons and one vat, to forfeit for every bushel so de-
ficient ^5. but no coals shall be re-measured in
order to ascertain the whole quantity, after more
than one sack shot upon the premises of the
purchaser. ^. 117-
Meter who countersigned the vender's ticket, in
case any deficiency or excess upon re-measurement
shall exceed four bushels in any five chaldrons and
one vat, to forfeit for every such bushel 20s.
^.118.
Vender of coals sold by weight to deliver to pur-
chaser a vender's ticket, under a penalty not ex-
ceeding ^20. .9. 123.
Coals of different qualities as set forth in this act,
may be mixed, but not to be sold so mixed, unless
by wharf measure, nor unless described in the ven-
ders ticket as " best coals mixed," under a penalty
not exceeding ^20. s. 127. No other coals than
as in this act prescribed to be sold when mixed,
tinder a penalty not exceeding ^20. s. 130.
Coals, 161
All penalties not exceeding ^20. to be reco-
vered before any justice, within one calendar month
after offence committed, and may be levied by dis-
tress and sale of the offender's g-oods, and in de-
fault, such offender may be committed to the com-
mon gaol or house of correction for not more than
six calendar months, unless penalty and costs
sooner paid; one moiety of penalties to the informer,
and the other to the King, or to be applied for the
carrying this act into execution, as the convicting
justice shall think fit. s. 146.
Appeal allowed to the quarter sessions. 6*. 147.
By 39 and 40 Geo. III. c. 77, colliers and other
persons working coals, wilfully working coal or
stone contrary to the stipulations in their agree-
ments with their employers, to forfeit not more
than 40s. on conviction before one justice, on oath
or by confession, or in default of payment to be
committed to the common gaol for not exceeding
six months, s. 3.
Colliers or miners fraudulently stacking coals,
&c. to be committed to the common gaol or house
of correction for not exceeding three calendar
months, s. 4.
Persons stealing coal, culm, coak, wood, iron,
ropes, or leather; or who shall steal, break, or destroy
implements or tools not exceeding 5s. in value, shall
on conviction by one justice, forfeit not exceeding
10s. and costs, or in default be committed to the
hoase of correction to hard labour for one month,
iVI
162 " Coals.
pv until penalty and costs sooner paid; for se-
cond offence 20s. and costs, or commitment for not
exceeding- three months; and for the third or any
future offence, not exceeding 40s. or commitment for
six months, unless penalty and costs sooner paid.
s, 5.
Half the penalties to the informer and half to
the poor. s. 6. Prosecution to be commenced
within nine calendar months after offence com-
mitted, s. 9. Appeal allowed to the sessions
within three calendar months, s. 10.
Information against a Vender of Coals for using Sacks of less
dimensions than required, by 47 Geo. III. c. 68.
to wit. Be it remembered, That on this day of
, in the year of our Lord one thousand eight hundred and
seventeen, A. B. of in the county of , cometh in his
proper person before me S, P. Esq. one of His Majesty's jus-
tices of the Peace in and for the said county of , and as
well on behalf of His Majesty as of himself, and giveth me the
said justice to understand and be informed, that C. D. late of
in the said county of , being a vender [or dealer, or
carrier"] of coals, did on the day of , at the parish of
in the said county of , and within the distance of
twenty-five miles from the Royal Exchange, unlawfully use
sacks for the delivery of coals, of less length at the time
of using the same than four feet and two inches at the least
in the insides thereof, and less breadth than two feet and one
inch at the least in the insides thereof (the same coals then
and there not being delivered by gang labour), contrary to the
statute in such case made and provided ; whereby, and by force
of the said statute, the said C. D. bath forfeited for the said
offence any sum not exceeding 40s. nor less than 20s. for every
such sack of less length or breadth as aforesaid :— one moiety
of such fines, penalties, and forfeitures, wiien paid, shall go 10
the informer, and the other raoiety thereof tollis Majesty, his
Coals, 163
heirs and successors, or shall be applied in such manner for
carrying the statute in that case made and provided into exe-
cution, as the justice before whom any conviction shall take
place shall direct. And thereupon the said informer prays
judgment of me the said justice in the premises, and that the
said C. D. may be summoned to appear before me, to answer
the said information and complaint, and to make his defence
thereto.
Exhibited and taken the day of , in the year of
our Lord 1817, before me
S. P.
Summons thereon.
to wit. Whereas complaint and information hath been
this day made before me S. P. Esq. one of His Majesty's
justices of the peace in and for the said county, by A. B. of
, that on the day of now instant, at the parish
of — —^ in the said county of , you did unlawfully use or
caused to be used sacks for the delivery of coals, of less
length at the time of using the same than is directed by the
statute in that case made and provided.
These are therefore in His Majesty's name to will and re-
quire you personally to be and appear before me, or such other
of His Majesty's justices of the peace for the said county as
shall be then and there sitting, at , in the parish of
in the said county, the day of , 1817, at o'clock
in the noon, then and there to answer the premises as the
law directs.
Given under my hand and seal this — — day of , in the
year of our Lord 18 17.
S. P,
Conviction for using Sacks of less dimensions than required,
by 47 Geo. III. c. 68.
to wit. Be it remembered, That on the day of
, in the year of our Lord 1817, C. D. late of in the
county of , dealer in coals, is convicted before me S. P.
Esq. one of His Majesty's justices &c. for that after the 4th
day of October, 1807, and within the space of one calendar
M 2
lb'4 Coals.
month next before the day of exhil)itlng of this information, to
wit, on the day of , in the year of our Lord 1817,
in the parish of — : — in the said county of , he the said
C D. then heing a dealer in coals, and then and now living
within the said county of — ■ — , to wit, at aforesaid, and
within twenty-five miles of the Royal -Exchange, did unlaw-
fully use sacks in the carriage and delivery of coals from
a certain wharf culled wharf, within the county of
aforesaid, to -= , in the parish of -- — in the county afore-
said, the said sacks being, and each of them being less than
four feet and two inches in length, at the time of using the
same, that is to say of the length of four feet and one inch only
[or as the case is], and the said coals so carried and delivered in
the said sacks not being conveyed by gang labour, contrary to
the provisions of an Act of Parliament made in the 47th year
of the reign of King George thd'hird, intituled "AnAct&c,"
Given under my hand and seal, &c.
Conviction for using unmarked Sacks for the Carriage of Coals,
by 47 Geo. III.
to wit. Be it remembered, That on the day of
, in the year of our Lord 1817, A. B. late of In the
said county of , dealer in coals, is convicted before me
S. P. Esq. one of His Majesty's justices of the peace for the
said county, for that after the 4th day of October, 1807, and
within the space of one calendiir month next before the exhi-
biting of this information, to wit, on the day of , in
the year of our Lord 181/, in the parish of In the said
county of , he the said A. B. then being a dealer In coals,
and then and now living within the said county of — , to wit,
at aforesaid, did make use of sacks in the carriage
and delivery of certain coals from a certain wharf called
wharf, on the river Thames, within the city and liberty of
Westminster, in the said county of Middlesex, to and at the
dwelling house of one C. D. situate and being in a certain
street called Streer, in the said parish of in the said
county of Middlesex, the said sacks not being nor any
nor either of them being at the time they were so made use of
sealed and marked with white paint in oil, at Guildhall, London,
or at the Exchequer Office, at Westminster, by the proper
Coin. 1 65
officer there, and the said coals so carried and delivered in the
said sacks not being conveyed by gang labour, contrary to an
Act of Parliament made in the 47th year of the reign of King
George the Third, intituled " An Act for repealing (he several
" Acts for repealing the vend, and delivering of Coals within
" the cities of London and Westminster, and liberties thereof,
" and In certain parts of the counties of Middlesex, Herts,Surrey,
" and Essex, and for making better provision for tiie same."
Given under my hand and seal, at in the said county of
J the day and year first above written.
Conviction (general), under 39 and 40 Geo. III. c. 77.
Be it remembered. That on the day of , in the
year of our Lord 1817, A- ^' having been brought before me
[or Jiaving been didy summoned and not having appeared], is
on his ov/n confession [or on due proof], convicted before me
S. P. Esq. one of His Majesty's justices &c. for that he the
said A. B. on the day of , at — : — in the said county,
did [state the offence, following the words of the statute, and
stating whether it is the first offence or othencise], against the
form of tiie statute in that case made and provided, and I do
adjudge him to forfeit and pay for the said offence the sum ot
, and also the further sum of — . — for t\\e charges of this
conviction.
Given under my hand and seal &c.
COIN.
No other weights but such as are leg-ally stamped
allowed in weighing gold or silver coin; counter-
feiting the stamp, or increasing or diminishing the
weight, after stan)ped, incurs a penalty of not ex-
ceeding ,^50. on conviction before two justices, half
to the King, and half to the informer, or in default
of payment, commitment for any time not exceed-
ing three months. — 14 Geo, III. c. 92, ^. 4, 5.
M3
166 Coi7i.
Counterfeiters of gold or silver coin, not current,
their aiders and abettors, are guilty of misprision of
treason. 14 Eiiz. c.3. and by 37 Geo. III. c. 126,
persons making coin resembling foreign gold or
silver coin, not current, are guilty of felony, and
may be transported for seven years, s. 2. — And
bringing counterfeit foreign coin for the purpose of
uttering, is punishable by transportation for seven
years, s. 3.
One justice, on complaint on oath, that persons
are suspected of counterfeiting copper coin, may, by
vrarrant, cause search to be made for tools, &c. and
if found, to be seized and carried to the justice, who
shall secure the same, to be produced in evidence,
and afterwards defaced and destroyed. 1 1 Geo. 11 L
c. 40.
Counterfeiters of foreign copper coin, or mixed
metal, of less value than the silver coin of any fo-
reign prince, are guilty of a misdemeanor and
breach of the peace; and for the first offence may
be imprisoned not exceeding one year, and for the
second, transportation for seven years. 43 Geo. III.
c. 139, s. 3.
Any person, without reasonable cause, having
more than five pieces of counterfeit foreign coin in
his possession, incurs a penalty of from 40s. to
^5. each piece, on conviction before one justice,
on the oath of one witness, and if penalty is not
paid, commitment for three calendar months ; half
penalty to the informer, and half to the poor.
Coin. 1 67
37 Geo. III. c. 126, s. 4, 5. and if any person has
more than five pieces of counterfeit coin of any
kind in his possession, without lawful excuse, he
shall forfeit not exceeding^ 40s. nor less than los*
or co^imitment for three months, in default of
payment, s. 6.
By 14. Geo. III. made perpetual by 39 Geo. III.
c. 75, importing light silver coin, if not of the value
of ^20. incurs the forfeiture of the coin, and the
offence may be heard and determined by two jus-
tices.
By 44 Geo. III. c. 71, counterfeiting, or bringing
into the United Kingdom, Bank of England dol-
lars, is made a felony, with transportation for se-
ven years; and knowingly uttering, six months im-
prisonment, and sureties for good behaviour for
six months more ; for second offence, two years
imprisonment, and sureties for two years; and for
third offence, transportation for fourteen years, s. 3.
Having more than five counterfeit dollars in pos-
session, on proof by one witness, before one justice,
incurs the forfeiture of the dollars, and a penalty of
not less than 40s. nor more than ^5. each, one
half to the informer, and the other to the poor, or
commitment for three months in default of pay-
ment, s. 5. — Justices are empowered to search
for and seize counterfeit dollars, on complaint by
one witness, of reasonable cause of suspicion, s. 6".
No proceedings under this act to be removed by
certiorari, s, 7. Action brought under this act ta
M 4
168 Coin.
be commenced in three months, and party to have
fourteen days notice, s. 8.
By 52 Geo. III. c. 50, current g-old coin shall
not be received and paid for more than the true
value; offenders to be g'uilty of a misdemeanor, and
to suffer, for the first offence, six months imprison-
ment, and find sureties for good behaviour for one
year, from the expiration of the six months;
for a second offence, twelve months imprisonment,
and find sureties for twelve months more; and for
every subsequent offence, two years imprisonment.
s. 1.
Indictment shall not be traversed, s. 3. and on
prosecution it is not necessary to prove the money
good and lawful, s. 4.
Bank notes of England or Ireland shall not be
received, or paid for less than their value; offenders
to forfeit double the sum specified in such notes,
and be imprisoned not exceeding- two months, s. 5.
Distress for rent stayed on tender of tbe rent in
bank notes, on pain of the party refusing paying all
subsequent costs, provided the full amount of the
rent due and costs is tendered, s. 6\
Bank notes good payment for money directed to
be paid under any legal proceedings, s. 7. and to
be taken by officers levying under any legal pro-
cess, s. 8.
This act vi^as only to continue until three months
after the next sessions, but it is further continued
by 53 Geo. III. c. 5, and by 54 Geo. III. c. 52, it
Coin. 169
is revit^d and continued during' the continuance of
any act imposing- any restriction on the Bank with
respect to payment in cash.
By 52 Geo. I If. c. 13^, for further preventing
the counterfeiting of bank tokens, it is enacted^ that
any person counterfeiting the same, shall he guilty
of felony, and be transported for fourteen years.
c. 1. and for uttering or selling the same, for the
first offence, one year's imprisonment, and to find
sureties for two years after the end of the imprison-
jnent; and for second offence to be transported for
fourteen years, s. 2. And persons engraving or ut-
tering- any paper resembling Bank of England
notes, to be adjudged guilty of felony, and shall be
transported for fourteen years, s. 6.
By 52 Geo. III. c. 15/, no gold, silver, or mixed
metal tokens, except those issued by the Bank, to
be issued or circulated, under a penalty of not
more than ^20. nor less than jLb. at the discre-
tion of the justice or justices who shall hear and
determine the offence. ^.1. to take effect froiii
25th March IS 13.
Justices empowered to hear and determine of-
fences in a summary way, and to levy penalties b/
distress. Witness not attending summons to for-
feit ,^20. to be levied in like manner, bnc moiety
of penalties to the informer, and the other to the
poor of the parish : if no distress, the offender may
be committed to gaol or house of correction for
three mouths, unless penalty be sooner paid, or un-
170 Coin.
til offender gives notice of appeal, and enters into
recognizance to prosecute it. The decision of the
sessions final.
For the penalties and punishment for clipping,
rasping, filing, colouring, impairing, &c. the current
coin, not immediately cognizable by justices, see
Stat 5 Elk. c. 11. 18 JSiiz. c. 1 . 7 and 8 IFm. c. 19.
8 and 9 /Fm. c. 26. 1 and 7 y^mij c. 9 and 25^.
15 Geo. II. c. 28.
Complaint in order to obtain a Search Warrant against Coiners.
to wit. Be it remembered, That this day of
, in the year of our I>ord 1817, A. B. of — ■ — in the
county of , yeoman, a credible witness in that behalf,
cometh before S. P. Esq. one of His Majesty's justices of the
peace in and for the said county, and upon oath saith that he
hath just and reasonable cause to suspect, and doth suspect
that C. D. of is concerned in the counterfeiting of [as the
fact is, adopting the ivords of the act which authorizes the
search}, in a certain dwelling house, situate at , for he the
said A. B. upon his oath aforesaid, doth depose and say, that
[set forth tlie cause of suspicion that the same may appear
reasonable],
A.B.
Sworn before me,
S. P.
Warrant on the above Complaint.
To the Constable of .
to wit. Whereas A. B. of in the said county of
' , yeoman, a credible witness in that behalf, hath this day
made complaint upon oath before me S. P. Esq. one of His
Majesty's justices of the peace in and for the said county, that
he hath just and reasonable cause to suspect, and doth suspect.
Coin, 171
that C. D. of is concerned in the counterfeiting of [set
forth the offence from the words of the Act''^ in a certain dwelling
house situate at ; These are therefore, in His Maj sty's
name, to authorize and require you, with necessary and proper
assistants, to enter in the day time into the said dwelling house
of the said A. B. at aforesaid, and there diligently to
search for such false or counterfeit and all tools or im-
plements and materials for making or coining any such false or
counterfeit , and if the same or any of them shall be found
on such search, you are to bring the same and every of iheni so
found, before me or some other of the justices of our said Lord
the King, assigned to keep the peace for the county aforesaid,
in order that the same may be secured and produced in evi-
dence against the said A. B. and such other person or persons
who shall or may be prosecuted for the offence aforesaid, ac-
cording to the statute in that behalf made and provided.
Given under my hand and seal.
S.P.
Conviction, under 52 Geo. III. c. 157.
Be it remembered, That on the day of
, in the year of our Lord ISI7, A. B. having appeared
before me [or us] one [or more] of His Majesty's justiees of
the peace (cr* the case may be] for the county, riding, city, or
place [as the case may be], and due proof having been rnade
upon oath by one or more credible witness or witnesses, or by
confession of the party [as the case may be], is convicted of
[specifying the offence].
Given under my hand and seal [or our hands wid seals] the
day and year aforesaid.
Distress Warrant for a Penally.
To the Constable, Headborough, or Tything-man of .
to wit. Whereas A. B. of in the county of ■
is this day convicted before me [or us], one [or inore of His
Majesty's justices of the peace [as ike case may be] for the
county of , or for the riding of the coimty of , or for
the town, liberty, or- district of [as the case may be ),
upon the oath *f C. P. or E. F. and G. H. a credible witness
IJ'2 Combination,
or witnesses, or by confession of the party [as the case may bej,
for that the said A. B. hath [heie set forth the ojfence], con-
trary to the statute in that case made and provided^ by reason
whereof the said A. B. hath forfeited the sum of , to be
distrji)uted as lierein is mentioned, which lie hath refused to
pay: These are therefore, in His Majesty's name, to command
you to lew the said sum of by distress of the goods and
chattels of him the said A. B. and if within the space of
days next after such distress by you taken, the said sum, to-
gether wth the reasonable charges of taking the same, shall not
be paid, then that you do sell the said goods and chattels so by
you distrained, and out of the money arising by such sale, that
you do pay one half of the said sum of to C. D. of ,
who informed me ^or lis, as the case shall be] of the said of-
fence, and the other half of the said sum of to tlie over-
seer of the poor of the parish, township, or place where the
offence was commuted, to be employed for the benefit of such
poor; returning the overplus (if any) upon demand to the said
A. B. the reasonable charges of taking, keeping, and selling the
said distress being first deducted. And if sufficient distress
cannot be found of the goods and chattels of the said A. B.
whereon to levy the said sum of , that then you certify
the same to me [or us, as the case may be'] together with this
warrant.
Given under my hand and seal [or our hands and seals'] the
. day of J in the year of our Lord 18 1 7.
COMBINx\TION.
By 39 and 40 Geo. III. c. 106, contracts amongst
workmen for obtaining- an advance of wages, alter-
ing the usual time of working, or decreasing the
quantity of work, are null and void, and every
workman who shall so contract shall be committed
to the common gaol for not more than three
months, or house of correction for not more than
two months, on conviction before two justices; and
Co mhination. 1^3
any workman entering- into any combination for
advance of wages, or who shall wilfully or malici-
ously endeavour to prevent any workman from
hiring- himself^ or prevail on him to quit his em-
ploy, or hinder any master from employing any per-
son, or -without reasonable cause shall refuse to
work vt^ith any other workman; and all persons
who shall attend any meeting for the purpose of
making any illegal contract, or who shall summon
or endeavour to induce any journeyman to attend
any such meeting for such purposes, shall suffer
the like punishment. 6-. 1, 2, 3, 4.
The contributing money for supporting persons
as an inducement for them not to work, incurs a
penalty of not exceeding .^10. and persons col-
lecting money for that purpose, to forfeit not ex-
ceeding £b. one half to the informer and the other
to the poor. s. 5.
Offences to be determined by two justices, and
penalties to be levied by distress ; or in default,
commitment to the house of correction, s. 5. — Con-
tributions made for any prohibited purpose, to be
forfeited, one moiety to the King, and the other to
the person who shall sue for it. s. 6.
Justices may summon offenders, and on their not
appearing, may issue warrant; and on their ap-
pearing, or proof of absconding, may convict or
acquit the parties, .v. lo. — They may also summon
witnesses, and for non-appearance, or refusal to
jj-^ivc evidence, may commit until they submit. ^.11.
1/4 Comhination*
Convictions to be filed at the sessions, s. 13, and ap*
peal allowed on the party enteinng into recog--
iijzance to prosecute it; the decision of the sessions
to be final.
This act not to abridge the power heretofore
given to justices touching combinations, or in set-
tling disputes between masters and journeymen.
*. 15. No justice to act that is concerned in the
trade, in which any offence is committed s. l6. —
Masters convicted of entering into illegal contracts,
to forfeit ^20. one half to the King, and the other
to the informer and the poor, to be levied by dis-
tress; and if not paid, the offender may be com-
mitted for not exceeding three, nor less than two
calendar months, s. 17.
By Stat. 4 1 Geo. III. c. 38, the forms of con-
viction are altered, but no part of the act re-
pealed.
For the laws relating to combinations amongst
particular manufacturers, see the title " Manu-
facturersV
Conviction, under 4 1 Geo. III. c. 38.
Be it remembered, That on the day of
, in the 57th year of His Majesty's reign, and in the year
©four Lord 181/, A. B is convicted before us W. S. and J. C.
Esquires, two of His Majesty's justices of the peace for the
county of , of having: isf«/e the offence] , contrary to the
stature made in the 39th and 4< th ye ,r of the reign of His
present Majesty, intituled "• An Act to npeal an Jet passed in
the last Session of Parliame t, ' .tanled, on /ict ta prevent the
urdau-fid Combinations of Horkmen, and to substitute other
Commitment. 175
Provisions in lieu thereof;" we, the said justices, do hereby
order and adjudge the said A. B. for the said offence, to be
committed to and confined in the common gaol of the said
county, [or ridings liberty, division, city, town or place] , for the
space of ■ [or be committed to the house of correction ai
. ■ ] , there to be kept to hard labour for the space of ,
Given under our hands and seals &c.
Conviction in a pecuniary Penalty,
Be it remembered, That on the day of
, in the 57th year [as in the last conviction to the title of the
act hKlusive], and we the said justices do hereby adjudge and
determine the said A. B. for the said offence, to forfeit and lose
the sum of of lawful money of Great Britain, to be dis-
tributed as the act directs.
Given under our hands and seals &c.
COMMITMENT.
Persons not bailable, or not finding bail, may be
committed, 2 Haw. c. l6, s. 1. — Persons charged
with felony, on oath, cannot be discharged by a
justice, who must bail or commit him. 2 H. H. 121.
felons must be committed to the common gaol, and
not elsewhere. 5 H. 4, c. 10.
By 6 Geo. c. 19, vagrants and persons charged
with small offences, may be committed to the com-
mon gaol, or house of correction, at the discretion
of the magistrate, s. 2.
If any person is apprehended upon a warrant
indorsed in another county, for an offence not
bailable, or if he shall not find bail, he shall be
carried into the first county, and be committed.
176 Commitment,
or bailed (if bailable) by justices in such first
county. 24 Geo. 11. c. 55.
Commitment must be in writing; under hand and
seal, and should shew the authority of liim that
made it, the time and place where made, and be di-
rected to the keeper of the prison; it may be either
in the King s name, and only tested by the justice,
or in the justice's name. It should set forth the
crime with certainty, and the name of the offender,
if known ; if not known and he refuses to declare
his name, or it cannot be otherwise ascertained,
it should set forth a sufficient description of his
person ; and it is proper to state that the
party is charged on oath. 2 Haw. P. C. c. l6,
s. 13, 14, 15, l6', 1/. — It ought to conclude, that
the party be safely kept till delivered by law, or by
order or due course of law, or that he be kept till
further order ; or if he be committed for want of
bail, it is good to conclude that he be kept till he
find bail. s. 18. but if he be committed for any
time limited by positive statute, the conclusion will
limit that time; if for contumacy, until he comply;
but if any act of parliament prescribe a particular
form of conviction, it should be strictly complied
with ; and if committed for non-payment of a fine,
it ought to be till he pay the fine. If his punish-
ment be not only fine but imprisonment, it should
order imprisonment for such a time, and also from
thence until he shall have paid the fine.
A justice may detain a prisoner a reasonable
Commitment, 177
time for examination, and it is said, three days is a
reasonable time. 2 Inst. 52, 59 1.
Offenders to defray the charge of commitment,
both of themselves and the persons who guard
them ; and on refusal, the charges to be levied by
distress and sale of their goods. 3 Jac. I. c. 10.
but if no goods, to be paid by the treasurer of the
county, by justice's warrant. 27 Geo. If. c. 3. In
Middlesex, the charges to be paid by the overseers
where the person is apprehended.
The power of justices to commit in cases cog-
nizable by a summary jurisdiction is derived from
the particular statute under which they commit ;
and if any statute assigns this mode of punishment
in the first instance, it is the legal consequence of
the judgment; but where it is merely for enforcing
payment of a fine, the justice cannot legally commit
imtil it is ascertained by the return of a distress
warrant that the offender had no goods to levy the
penalty. R. v. Hawkins. Fort, 272. Pale?/ on Con-
vie. 184. if the justice is authorized to detain the
party in custody till the return of the distress
wairant, such order of detention may be by parol.
7 Uast. 534. but unless a power is given by the
statute to detain the party in custody in the mean
time, such detention is not warranted ; and several
statutes direct the conviction to be after due proof
on oath of want of distress. 17 Geo. II. c. 36.
50 Gen. III. c. 108, s. 7.
N
178 Cominitment.
A commitment in execution (which is in all cases
a commitment after conviction) must state that the
party has been convicted. 4 T. R. 220. \ 2 East. 78.
and this is a rule which applies equally to commit-
ments under particular statutes as otherwise.
^ T. R. 509. Where imprisonment is only inflicted
by statute, as an alternative punishment for want
of sufficient distress, the commitment must ex-
pressly allege the fact to be so, and not that the
officer had returned that the defendant had no
goods. \2East.^'j,S2.
By 17 Geo. II. c. 5, it is enacted, that where
the time and manner of punishment are not ex-
pressly limited by statute, the offender may be
committed to the house of correction, to be kept to
hard labour till the next quarter sessions, or until
discharged by due course of law ; and any two jus-
tices (of which the justice who committed the of-
fender must be one) may discharge the offender be-
fore the sessions if they see cause, and if not so
discharged, the sessions may discharge or continue
him in custody not exceeding three months.
A commitment may be for costs, in default of
sufficient distress. 18 Geo. III. e. 19.
A warrant of commitment cannot be executed on
Sunday. 1 T. R. 265. and when directed to a par-
ticular constable by name, and to all other consta-
bles, &c. in the county of , it may be executed
any where within the jurisdiction of the convicting
Commitment. ] ^9
niagi^trate; but except the constables specially
named, the others can only execute it within their
own precincts. 1 H. Bl. 15. n.
Bail cannot be admitted on a commitment after
conviction, for it is a commitment in execution ;
but if the commitment be till payment of a fine,
the party is entitled to his liberty on payment of it,
and he may tender the money to the officer exe-
cuting the warrant, who shall in that case discharge
him. 1 J J Us. 153.
A warrant of commitment, unless returnable at a
specific time, remains in force during the life of the
magistrate granting it ; and if an offender is suffered
to go at large on an offer to find bail or procure
the penalty (which he neglects to do) he may be
apprehended again on the same warrant.
Mittimus on suspicion of Felony,
S. P. Esq. one of the justices of our Lord the King, assigned
to keep the peace in the said county, and also to hear and
determine divers felonies, trespasses, and other misde-
meanors in the said county committed.
To the Keeper of the Gaol of our said Lord the King, at
in the said county, or to his deputy there, and to each of
them, greeting.
to wit. These are, in His Majesty's name, to charge
and command you that you receive into your said gaol the
body of A.B late of &c. [labourer] taken by CD. constable of
in the said county, and by him brought before me on
suspicion of felony, that is to say, for stealing [here state the
N 2
180 Co7nmitmenf»
particulars], and that you safely keep the said A. B. in your
said ^ao\, until the next j^eneral gaol delivery for the said
county, [if he he not bailable, or if bailable thus], until he
shall be thence delivered by due course of law. And for your
so doing, this shall be to you and every of you a sufhcient
warrant.
Given under my hand and seal, this day of — — , 18 17.
Another.
S. P. Esq. one &c. To the keeper of the gaol of our said
Lord the King, at — — in the said county, or to his deputy
tliere.
to wit. Whereas A. B. late of in the said county.
yeoman, hath been arrested by the constable of in the
said county, on suspicion of felony by him, as it is said, com-
mitted, in stealing a bay mare, of the value of , the pro-
perty of W. T. of &c. gent. Therefore, on behalf of our said
Lord the King, I command you and each of you, that you or
one of you, receive the said A. B. into your custody in the said
gaol, there to remain until he shall be delivered by due course
of law.
Given under my hand and seal, &c.
Another in the King's Name.
George the Third, by the Grace of God, of the United Kingdom
of Great Britain and Ireland, King, Defender of the Faith.
To the Keeper of our Gaol at in our said county, or to
his deputy.
to wit. Whereas A.B. late of in our said county.
is arrested on suspicion of felony by him, as it is said, com-
mitted, in feloniously taking and carrying away , of the
value of , the property of C> D. I therefore command
you and each of you, that you receive him the said A. B. into
your custody in our said gaol, or that one of you do receive
him, there to remain till he be delivered from your custody
according to the law of our kingdom of England. — Witness
S. P. Esq. one of the justices assigned to keep the peace in our
Commitment. 181
said county, and also to hear and determine divers felonies,
trespasses, and other misdemeanors in our said county com-
mitted, at in the said county, the day of , in
the year of our Lord I8I7.
Warrant of Commitment^ (general.)
S. P. Esq. one of thejusticesof our Lord the King, assigned to
keep the peace within the said county.
To the Constable of the parish of within the said county,
and to the Keeper of the House of Correction at , in
tiie said county.
-■ to wit. These are to command you, the said con-
stable, in His said Majesty's name, forthwith to convey and
deliver into the custody of the keeper of the said house of
correction, the body of A. B. who is charged on the oath of
C. D. of in the said county, with having [here state the
offence'\ .
And you the said keeper are hereby required to receive the
said A. B. into your custody in the said house of correction,
and him safely keep until he shall be discharged by due course
of law [or for the space of three calendar months, as the case
VI ay be].
Given under my hand and seal, this day of , in the
year of our Lord 18i7.
Commitment of a Rogue and Vagabond.
To the Keeper of the House of Correction at , or his
deputy.
to wit. Receive Into your custody tlie body of A. B.
a rogue and vagabond, berevvith sent you, brought before W. S.
Esq. one of His Majesty's justices of the peace in and for the
said county, by C. 1). constable of the parish of , and
charged and convicted before me the said justice, upon the
oath of E F. with being a rogue and vagabond, within the intent
and meaning of the statute, made in the 17th year of the reign
of His late Majesty King George the Second, intituled " An Act
N 3
182 Commitment.
to amend and render more effectual the Laws relating to Rogues
and Vagabonds, &c." namely,' a person of evil fame, and a re-
puted thief, apprehended in in the said county, on the
day of , with intent then and there to commit felony.
And it appearing before me the said justice, upon the oath of the
said E. F. a credible witness, that the said A. B. is a person of
evil fame and a reputed thief; and the said A. B. upon his exa-
mination before me, not being able to give a satisfactory ac-
count of himself, or of his way of living; and it also appearing,
to the satisfaction of me the said justice, that there is just
ground to believe the said A. B. was in the said as afore-
said, with such intent as aforesaid, against the form of the
statute in such case made and provided ; him therefore safely
keep in your said custody until the next general [or general
quartei'] sessions of the peace, to be holden for the said county,
and until he shall be discharged by due course of law. And
for so doing this shall be your sufficient warrant.
Given under my liand and seal, this day of , in
the year of our Lord 181 7.
Commitment on a preceding Conviction for non-payment of a
Penalty.
S. P. Esq. one of the Justices of our Lord the King, assigned
to keep the peace within the county of 3 to the Con-
stable of the parish of in the said county, and to the
Keeper of the House of Correction at in the said
county.
to wit. A. B. of in the said county [labourer'],
having been this day convicted before me of having on ,
the day of , at in the county of aforesaid^
[describe the offence particularly,] contrary to the form of the
statute in that case made and provided ; and he, the said A. B,
having for such oifence been adjudged by me the said justice
to have forleited the sum of ^' , to be paid to -, | here
state the application of the penalty by the siatiiie,] and the said
A. B. being so convicted as aforesaid, and not having paid on
such conviction the said penalty so adjudged by me to be there-
fore forfeited, I the said justice do hereby commit and send the
said A. B. to the house of correction at aforesaid in the
county aforesaid, there to remain for the space of——— months.
Commitment. 183
unless the said forfeiture shall be sooner paid. And I do hereby
command the constable of the parish of aforesaid, to con-
vey and deliver the body of the said A. B. to the keeper of the
said house of correction, and the said keeper of the said house
of correction is hereby, by me the said justice, required to
receive the said A. B. into his custody in the said house of
correction, and him there safely to keep, in execution of the
judgment and conviction aforesaid.
Given under my hand and seal, at in the county of
, this day of , I8I7.
This commitment is only applicable to cases in
which the statutes give tlie power to commit with-
out a previous distress warrant, it is therefore un-
necessary to state such warrant, or the return of
want of distress. The following- will be the
form when penalty is directed first to be levied
by distress.
Commitment for want of Distress on Constable's Return of no
sufficient Goods.
To the Constable of [as in last precedent].
to wit. Whereas A. B. of in the said county,
[labourer,] was on the day of , 1817, duly convicted
before me S. P. Esq. one of His Majesty's justices of the peace
in and for the said county, and also to hear and determine &c.
for that he the said A. B. did on [state the offence in the
nords of the statute], contrary to tlie form of the statute in
such case made and |)rovided, by reason whereof he the said
A. B hath forfeited the sum of j£ . And whereas on the
day of , in the year aforesaid, I did issue my warrant
to the constable of in tiie said county, to levy the said
sum of d,' by distress and sale of the goods and chattels of
him the said A, B. and whereas it appears to me, on the oath
of E. F. the constable aforesaid, that he the said constable hath
wsed his utmost endeavours to levy the said sum of ^^
N 4
184 Commitment.
on the goods and chattels of the said A. B. and that no suffi-
cient distress can be found whereon to levy the same ; there-
fore in pursuance of the statute aforesaid, I do hereby command
you the said constable of , to convey him the said A B. to
the house of correction [or common gaol I, at aforesaid,
and deliver him to the keeper thereof, together with this precept.
And I do hereby command you, the said keeper of the said
house of correction [or gaol], to receive into your custody in
the said house of correction [or gaol], him the said A. B. and
him there safely keep for the space of , unless the said
penalty shall be sooner paid. Herein fail you not respectively
at your peril.
Given under my hand and seal, &c.
Commitment to hard Labour and Whipping,
To the Constable of &c. (as before.)
to wit. Whereas A. B. of &c. is this day duly con-
victed before me [as in last precedent]. These are therefore to
require and command you the said constable to convey the said
A. B. to the said house of correction at aforesaid, and
deliver him to the keeper thereof, with this precept. And I do
also require you the said keeper of the said house of conection,
to receive him the said A. B. into your custody in the said
house of correction, and him there to keep to hard labour for
the space of next ensuing, and [if statute so orders] until
he shall find sureties for his good behaviour for years. —
And I do likewise hereby order you the said keeper of the said
house of correction to whip him the said A. B. once [or oftener
if the statute directs it] during the said months, in the
market town of — : — in the said county, on the market day
there, between the hours of eleven o'clock in the forenoon and
two o'clock in the afternoon, and for so doing this shall be your
sufficient warrant.
Given under my hand and seal, &c.
Coiifession. 185
Commitment for further Examination.
To the Keeper of the Common Gaol at — — in the county
of .
to wit. Receive into your custody the body of A. B.
herewith sent you, brought before me S. P. Esq. one of His
Majesty's justices of the peace in and for the said county, by
C. b. constable of , charged on the oath of E. F. of ^
in the said county, [labourer] on suspicion [stale the offence] and
him safely keep in your custody for furtlier examination, and
until he shall be discharged in due course of law.
Given under my hand and seal, &c.
The forms of commitments applicable to differ^
ent offences, are inserted under the respective titles
of those offences,
CONFESSION,
If a party, on an examination before a justice,
confesses a crime, it may be given in evidence
ag"ainst him, but not against others. 2 Haw. c. 46,
s. 3. but it must not have been obtained by any
promise, favour, menace, or terror. 2 H. H. 285.
and the identity of the examination must be proved
before it can be read in evidence. Sum. 263. It
must be in writing and not orally, and must be
taken altogether and not by parcels. 2 Haw. c. 46,
s. 5. — Leach 286. Persons confessing themselves,
and on that confession adjudged guilty of felony,
cannot be admitted to bail, as the only reason for
admitting to bail in felony, is where the crime is
doubtful. 2 Haw. c. \b. s. 40.
Prisoner may be convicted on the uncorroborated
evidence of his own confession. Leach 287.
185 Constable (Petty)
CONSTABLE, {Petty.)
A constable by the common law is a conservator
of the peace. Cromp. J. P. 201. He is also minis-
terial to justices of the peace, coroners, sheriffs, &c.
und is bound to obey their precepts, or in default
may be indicted and fined. Co?jib. 204. Every vil-
lage or township must have a constable, 12 3Iod.
180. but he cannot execute out of his own jurisdic-
tion a warrant directed generally to all constables.
1 Hale, P. C. 459. but he may, if directed to him
by name, though he is not compellable. 1 Salk,
176. 2 H.B. 13.
A constable ought not to be the keeper of a pub-
lic house, and he must be a resident in the place
for which he is chosen. 6 Mod. 42. 12 Alod. 256.
Persons exempt from serving the office are, jus-
tices of the peace in their own county^ attornies^
barristers, the president and fellows of the College
of Physicians in London, but not elsewhere; free-
men of the Company of Surgeons, dissenting teach-
ers, apothecaries practising in or within seven miles,
cf London, free of the Company , or in the country ^
having served seven years; the original proprietor
or first assignee of a Tyburn ticket *, naturalized
foreigners, and i)iUitia-me7i.
* But this does not fMonipl the person from serving the office in 9,
village or township, and it caa only be ouce used. 2 Burr. 1189.
10 and 11 \V. III. c. 23.
Constalle (Petti/.) 18?
A constable is chosen at the leet, or where ther€
is no leet, at the tpiirn ; if he die or quit the pre~
cinct, two justices may make and swear a new one
until the leet ; the next quarter sessions may ap-
prove the person so appointed, or appoint another
until the leet ; or if the constable hath continued
a year, tiiey may appoint another in his place, but
the right is in the leet, and neither the justices in or
out of quarter sessions can discharg-e a constable
appointed by the leet, or apponit one of their own
authority. Str.'J^S, 1050,1213. but a justice may
fine a constable appointed at the leet, if he see
cause. Bulstr. 174. and if justices refuse to swear
a person chosen at the leet, a mandamus will lie to
compel them. 1 Roll. Ahr. 535. but justices of the
peace have immemorially appointed and sworn
petty constables, those who have not been chosen
at the leet, on neglect of such courts being holden;
and this power from long usa^e §eems now undis-
puted. 2 Str. 1149
A person appointed constable may be inducted for
refusing to take the office. 2 Str. 928. but if he has
once been allowed to appoint a deputy who is
approved of, he is altogether discharged- 3 Esp.
As to his power, — hp may, ex officio., without a
warrant, apprehend and imprison a felon till he
can be conveyed to a justice of the peace. A
constable (after giving notice that he is one) may
break open the doors of a house to arrest a felon.
188 Constable (Petty,)
if he be concealed therein and peaceable entrance
is denied. 2 H. P. C. 90, 82. and if the felon re-
sists or flies, it is not murder if the constable kill
him; and it is said. 11 Mod. 248, that a consta-
ble may apprehend without warrant on suspicion of
felony, or from the information of others, if there
be probable cause. Cromp, J. P. S^J, 154. but
if he makes himself a party oppressing the party,
knowing- the charge to be false, he is liable to an
action for false imprisonment. 4 Esp. 80. He may
commit affrayers to the stocks on liis own view, but
not if absent. Dalt.c.l. Cro. E/lz. 375, 376. He
may imprison to prevent a felony. Moore, 284. He
may take sureties (by obligation but not recogniz"
ance) for the peace in his own name, but not other-
wise, and may certify it at the sessions. Cromp.
J. P. 201. and if one be menaced, he may compel
the menacer to find surety or commit him to prison
till he do. 4 Inst. 265. Cro. Eliz. 375-6. He may
break open a house when entrance is denied, to
abate an affray or to suppress disorderly drinkiug
or noise at an unseasonable hour of the night.
Hale, P. C. 95. He may imprison one who insults
or assaults himself, or opposes him, though ver-r
bally, in the execution of his office, and may beat
another in his own defence. Cromp. J. P. 131.
If a warrant be directed generally, " to bring
before me or some other justice," he may carry the
prisoner before what justice he chooses in the
county, but not if special. 5 Rep. 596.
Constable (Petty.) 189
Of his Duty.
He is bound to execute the warrants of justices
of the peace, and may be indicted for refusing-.
2 Haw. c. 10. s. 62.
He must keep in custody a party brought before
a justice until he is bailed, committed, or dis-
charged. Cromp. J. P. 201.
He should seize the goods of felons who fly the
country, for the King's use. Ih'id. He is to aid and
assist in the appraisement and sale of goods dis-
trained for rent, and may swear the appraisers.
2 JF. and M. Sess. 1, c. 5. He is also to aid land-
lords in seizing as a distress for rent, goods frau-
dulently removed to avoid such distress, and may
break open a house wherein they are deposited,
(oath being first made before a justice of reasonable
suspicion of their being there). 11 Geo. II. c. 19.
Where no rate is made for the relief of the poor
the quarter sessions may direct the sum assessed
for the purposes of the act. 12 Geo. II. c. 29, to
be rated and levied by the constable.
He is to execute the warrant of two jus-
tices to make a general privy search for vagrants.
17 Geo. If. c. 5.
Constable may seize a stranger guilty of profane
cursing and swearing, and carry liim before a jus-
tice ; but if known, he must lay an information,
19 Geo. II. c. 21, s. 3.
When on a warrant indorsed he apprehends aa
1.9Q thnstable (Petty.}
offender, he is to carry him before the justice who
indorsed it, and if the offender find bail, he is to re-
ceive the recog-nizance, examination, &c. and de-
liver them to the clerk of the assize or clerk of the-
peace of the county where such offender is required
to appear ; and if the offender is not bailed, he is to
carry him before a justice of the county where the
offence was committed. 24 Geo. II. c. 55.
Constable making- a distress under a justice's War-
rant shall on demand shew the same to the party^
and permit a copy to be taken. 2/ Geo. II. c. 20i
Constables must return lists of persons liable to
serve in the militia. 26 Geo. III. c. 107. They must
quarter and billet soldiers, and make provisions
of carriages for troops on march. N'i&q Annual Mut,
Act,
A constable may apprehend a person on reason-
able suspicion of his being a deserter, and take
him to a justice to be examined, and he is entitled
to 20s. as a reward, to be paid under a justice*s
order by the collectors of land-tax. Ibid.
He should present all offences within his know-
ledge which concerns the peace at the leet, tourn,
or quarter sessions. Dalt. J. P. 4J4.
He is not discharged from his office until his sue*
cessor is sworn. 12 Mod. 266.
0/ his Protection.
Action against a constable for any act done in
the execution of his office^ must be brought in the
Constable (Petty.) 1911
county where offence committed : to which he may
plead the general issue, and give the special
matter in evidence, and if he recover he shall have
double costs ; this extends also to his deputy,
Cromp. «/. P. 201. 21 Jac. I. c. 12.
If constable or any person coming to his assist-
ance be killed, it is murder, though the party killing
did not know his person; but he must give com-
petent notice of his being a constable, and he must
be acting in his own district or division. 1 Hale,
P. Q. 9, 460-2. Ld. Ray. 1300-1.
If two men fight, and constable in attempting to
part them get hurt, he shall have an action of
trespass ; but if he hurt them, they shall have no
action. Cromp. J. P. 130.
Every man aiding a constable in the execution of
his office, has by law the same protection as the
constable. 2 Hale^ P. C. 97.
A justice's warrant is a good justification of a
constable in any matter within the jurisdiction of
such justice, but not otherwise. St7\ 711.
By 24 Geo. 11. c. 44, no action to be brought
against a constable for any thing done in obedience
to a justice's warrant, until demand in writing of
tlk) perusal and copy of such warranty and until
the same has been neglected or refused for six
days after demand: if after compliance such action
is brought without making the justice a party, or
producing and proving such warrant at the trial,
the jury shall give a verdict for defendant; and if
192 Constahle (Petty.)
the action is brought jointly against the justice and
constable, on proof of the warrant the jury shall
find for the constable, s. 6. Action is to be com-
menced within six months after the act committed.
s. 8. but this act only extends to actions of tort ;
for where an action for money had and received
was brought against an officer who had levied under
a justice's warrant, and the conviction was quashed,
it was held that a demand of a copy of the war-
rant was unnecessary. Bullers N. P. 24. And
although this act affords protection in a civil suit,
yet if the warrant be clearly illegal, the party may
legally resist. Rttsoiis Of, 68. and if he acts
without a warrant, he is not protected.
Constable's reasonable expenses of conveying
persons to gaol to be ascertained and allowed by
any justice of the county, who by warrant shall
order the treasurer of the county to pay the same,
except in Middlesex, where such expenses are to be
paid by the overseers of the poor of the parish or
place where the person was apprehended. 1 Haky
P. C. c. 96. 3 Jac. I. c. 10. 27 Geo. II. c. 3.
Constable making a distress under a justice's
warrant, may deduct the reasonable expenses of
taking, keeping, and selling the distress out of
the produce of the sale. 27 Geo. II. c. 20.
Constable must every three months and within
14 days after he goes out of office, deliver to the
overseers of the poor an account entered in a book
and signed by him, of all sums received and ex-
Constable (Petti;. J 193
peiided on account of the parish, which over-
seers are within 14 days to lay the same before
a vestry, and if approved, are to pay it out of
the poors' rate; but if disallowed, are to deliver
the book back to the constable, who may produce
it to a justice of the peace, giving reasonable notice
to the overseers, which justice may examine the
account and settle the sum to be paid ; and the
overseers are to pay same out of the poors' rate,
but may appeal on giving- notice to the quarter
sessions. 18 Geo. III. c. 19.
Many objections having been made to the
charges made by constables to parishes for busi-
ness done in execution of their office, it has been
deemed expedient in many parishes to establish a
reasonable table of fees to be paid to them. The
following table has been adopted in several of the
populous parishes in Middlesex, which has been
sanctioned by the magistrates, sui)ject to such
alterations as particular circumstances may re-
£|uire.
O
194 Constable (Petty.)
Constables* Table of Fees.
£. s. d.
For the Oath of Office 10
For tlie Service of any Warrant at the instance of the
Parish, if served in the Parish 10
And for every Mile beyond the limits of the Parish^ per
Mile 06
If beyond the distance of five Miles, and not exceeding
a Day's Journey 5
For every Journey of one Day or more, per Day, in-
cluding Expenses 10
For attending the Bench of Justices at their Petty
Sessions 1 6
The like at their General or Quarter Sessions, (in-
cluding Expenses) 10
Attending the Coroner with Notice of a Death 4 6
Summoning a Jury, and attending the Inquisition .... 68
Expenses of Jury , 10
Billeting of Soldiers
Pressing of Waggons for Soldiers' Baggage
Attending on a Search Night, or at a Fair, in the Parish 2
Attending to see that the Shops and Public Houses are
shut during Divine Service
Attending on the Day of Election of a Member of
Parliament, unless paid by the Candidate 5
For conveying a Felon or other Prisoner to Gaol, where
the Parish is liable to pay the Expense (including
Expenses) 10
Making the List of Jurors to return to the Quarter
Session
Verifying the same ,. 1
Making out a List of Persons to serve in the Militia or
any other Military Force 1 1
Verifying the same 1
Summoning any Person ballotted in the Militia, &c. . . JO
Service of any Poors' Rate Summons 04
Attending as a Peace Officer within the Parish, on any
Public Occasion, or at the Execution of any
Sentence on any Criminal , 2 6
Constable CPettij ) 195
Of his Punishment, S^c.
By 33 Geo. III. c. 55, two justices at a special
or petty session, on complaint on oath of neglect
of duty by constable, and having- summoned him to
appear and answer such chargfe, may convict him
in not exceeding 40s. to be levied by distress, to be
applied to the poor of the parish or place wliere he
was resident, and in default of payment, he may be
committed to the house of correction for any time
not exceeding ten days. ^.1. but appeal to quarter
sessions allowed, on g"iving ten days notice.
A constable must at his peril take notice that
his warrant is from one in the commission of the
peace. 12 Alud. 34/. and though his warrant be
legal, if he is guilty of a misdemeanor in execut-
ing it, this makes the proceeding bad, ab initio.
12 Mod. 344.
He is indictable for neglecting his duty, either at
common law or by statute. 1 Sa^A\ 381. and may
be fined for not endeavouring to pacify an affray in
his presence. Cromp. J. P. 130. If he will not re-
turn his warrant or what he has done under it (for
he ought to keep the warrant for his own justifica-
tion), the sessions may fine him. 6 Mod. 83.
He is guilty of felony if he lets a felon out of the
stocks. I Hale, P. C. 596.
He may be removed for just cause by the autho-
rity which appointed him. Bulst. 174.
O 2
196 Constable (Petty.)
And generally penalties are imposed upon con-
stables for ne^^lecting their duty, by the various
acts of parliament under which their assistance is
required, which penalties are noticed under the
titles of the offences to which they refer.
Higli constable is a constable of a hundred, rape,
lathe, or wapentake, or some other division of a
county ; ie is as much the officer of justices of the
peace as a petty constable ; he is elected by the
leet or to urn, or by the justices of the peace.
1 Roll. Ab. 535.
It is doubtful whether he can arrest for breach of
the peace, or take surety of the peace by obligation,
1 Salk. 381. He may occasionally make a deputy,
whose acts in his absence will be good. I Black.
Hep. 350. He is removable for just cause by the
justices of the peace. Bulstr. IJ4.
Two justices may order an allowance to be made
to high constables for extraordinary expenses in-
curred in the execution of their duty. 41 Geo. Ill,
c. 78, s. 2.
High constables are, if required, to account at
the general or quarter sessions for the general
county rate received by them, and pay over the
money in their hands according to the order of the
court. 12 Geo. II. c. 29, s. 8.
Their other duties are pointed out by particular
Consfahle C^etty.) 197
statutes, and will be found under the titles in
which those acts are recited.
For award of costs to constables and the prece-
dents of warrants of distress for costs, see title
" Costsr
. Comtable's OatK
You shall swear that you will well and truly
serve our Sovereign Lord the King, in the office of constable
for tlie parish (or township] of within this county [manor,
or hundred], for the year now next ensuing, or until you shall
be therefrom discharged by due course of law — You shall see
the King's peace kept, and all such watch and ward as are
usually accustomed and ought to be kept; and you shall well
and truly execute all other things belonging to the said office,
according to the best of your skill and knowledge.
So help you God.
Appointment of a Deputy.
I, CD. constable of in the county of
J do hereby make, substitute, and appoint G. H. of ,
yeoman, my true and lawful deputy in the office of constable,
so long as I shall hold the same [or during the continuance of
my will and pleasure]. Dated this day of , 18 17*
Oath to be administered by Constable to Appraisers, on Goods
being Distrained for Rent.
You shall swear that you will faithfully appraise
and value the goods now taken in distress, and mentioned in the
inventory to yju shewn, as between buyer and seller, according
to the best of your skill and knowledge.
So help you God.
03
198 Constable (Tetty.)
Memorandum to be indorsed bij the Constable on the Invetitory.
Memorandum that on the day of — , in
the year of our Lord 1817, A. B. of , and CD. of— — ,
two sworn appraisers, were sworn upon tire Holy Evangelists,
by me E. F. constable, well and truly to appraise the goods and
chattels mentioned in the inventory, according to the best of
their skill and knowledge, as witness my hand,
E. F- Constable.
Present at the time of swearing the said A.B.
and C. D. as above, and witness thereto,
.7. K.
L. M.
Proclamation by Constable for Rioters to disperse.
Our Sovereign Lord the King charges and
commands all persons here assembled, immediately to disperse
themselves, and peaceably depart to their several habitations on
pain of imprisonment.
Obligation to be taken by a Constable for the Peace ^ under the
Hand and Seal of the Party.
Know all men by these presents, that I, A.B. of ,
yeoman, am held and firmly bound to CD. of -y
yeoman, constable of the parish of , in the sum
of ^ , to be paid to the said C. D. or his certain
attorney, executors, administrators, or assigns, for
which payment to be well and faithfully made 1 bind
myself, my heirs, executors, and administrators
firmly by these presents. Dated this day of
, in the 57th year of the reign &c. and in the year
of ourLord I8I7.
The Condition of this obligation Is such, that if the
above bounden A. B. shall personally appear at the next general
quarter sessions of the peace, to be holden at , in and for
the county of , to do and receive what shall be then and
Constable (Petty.) 199
there enjoined by the court, and in the mean time shall keep
the peace and be of good beliaviour towards the King and all
his liege subjects, and especially towards J. K. of in the
said county, yeoman, then tlie said obligation to be void, or
else to remain in full force.
Signed, sealed and delivered
in the presence of
Summons by a Constable in pursuance of a Justice's Precept.
To A. B. of &c.
to wit. In pursuance of a precept to me directed by
S. P. Esq one of His Majesty's justices of the peace in and for
the county of , I do hereby summon and warn you per-
sonally to be and appear before the said S. P. Esq. [or if ge-
veral,] or such other of His Majesty's justices of the peace for
the said county of as shall be present at in the said
county, On the day of , at the hour of in
the noon, then and there to answer the complaint and
information of ■ [state the offence as in the justice's pre-
cept]. Herein fail not at your peril. Given &c.
Constable's Return on the back of the Precept.
The within was duly summoned to appear
nnd answer as he is within required, on the day of
,1817.
D. E. Constable,
High Constable's Warrant for Petty Constable's presentment.
To the Constable of .
to wit. By virtue of the laws of this realm in that
behalf made, you are hereby required, in His Majesty's name, to
make out a presentment in writing, of all treasons, misprisions
of treasons, insurrections, rebellions, counterfeitings, clippings,
washings, false coinings, and other falsities of the money of
Great Britain, and of other kingdoms and dominions whatso-
ever, and of all murders, felonies, manslaughters, killings, bur-
glaries, rapes of women, unlawful meetings and conventicles,
O 4
200 Constable (Petty.)
linlavvful uttering of words, assemblies, misprisions, confeder-
acies, false allegations, trespasses, riots, routs, retentions,
escapes, contempts, falsities, negligences, concealments,
maintenance, oppressions, champerty, deceits, and all other
evil doings, offences, and injuries whatsoever; and also the ac-
cessaries of them : by whomsoever, and in what manner soever
done, committed, or perpetrated, within your constablewick,
and of all vagrants, and idle and disorderly persons. Which said
presentment so made in writing as aforesaid, and signed by
you, you are to deliver to me at in the said , on
, that I may have the said presentment ready to be de-
livered to His Majesty's justices to be holden for the said
. Herein fail you not.
(liven under my hand, this — — day of , in the year of
our Lord 1817.
High Constable.
Constable's Return to a Precept directed to Mm.
At a Special Sessions held at the in in the said
county, on the day of , 1817.
to wit. I A. B. constable of the of in the
hundred of in the said county, do make this my return,
upon oath, to His Majesty's justices of the peace this day as-
sembled in sessions, that I have duly executed my precept to
me directed, and that there is not, to the best of my knowledge
and belief, any thing presentable within my constablewick [or
if any matter presentable state the particulars].
A.B. Constable.
Sworn before me,
S. P.
Summons of a Constable to answer a Complaint for disobeying
a Justice's Warrant,
To A.B. Constable of the parish of in the county of .
to wit. Whereas S. P. Esq. one of His Majesty's
justices of the peace in and for the said county, hath made
complaint on oath_, before us ^V. S. and J. C. Esquires, two
Constable (Petty.) 201
other of His Majesty's justices of the peace in and for the said
county, this day in petty sessions assembled, at in the
said county, for that you, on the day of , at the parish
of aforesaid, in the county aforesaid, in the execution of
your office of one of the constables of the said parish, was
guilty of neglect in disobeying and refusing to execute, in the
parish aforesaid, the lawful warrant of the said S. P Esq. com-
manding you to apprehend and take before the said S.P. Esq. at
aforesaid, the body of one G. H. charged on oath before
the said S. P. with [state the charge'], the said G. H. then being
in the said parish of in the said county of . These
are therefore to command you to appear before us, at a petty
session to be holden at in the county of — , on ,
the day of — — next, to answer unto the said complaint,
and to shew cause why you should not be fined 40s. for your
said offence.
^ Given under our hands &c.
Warrant for an Assault on a Constable.
To A. B. Constable of the parish of in the county of — — ,
and to all other His Majesty's Constables and Peace Officers
within the said county.
— — to wit. Whereas CD. hath this day made complaint,
on oath, before me S. P. Esq one of His Majesty's justices of
the peace in and for the said county, that E. F. of in the
said county, [labourer,] on the day of last, at the
parish aforesaid, in the county aforesaid, in and upon him tlie
said C. D. did make a violent assault, and then and there beat,
wounded, and ill-treated him the said C. D. then being one of
tlie constables of tlie said parish of , and tlien and there
also being in the due execution of his said office as constable
aforesaid. These arc tiierefore to command you the said con-
stable, in His Majesty's name, forthwith to apprehend the said
E. F. and bring him before me, at , to answer the said
complaint, and to be further dealt with according to law.
Given under my hand and seal, &c.
202 Conviction.
Commitment of a Constable for a ivilful Escape,
To the Keeper of the County Gaol at ,
to wit. Receive into your custody In the said county
gaol, and there safely keep until the next general quarter ses-
sions of the peace, to be holden in and for the said county, or
until thence otherwise delivered by due course of law, the body
of A. B. one of the petty constables of the parish of in the
said county, herewith sent you, and charged before me, S. P.
Hsn. one of His Majesty's justices of the peace in and for the
said county, on the oath of C. D. with having this day wilfully
and designedly suifercd and permitted one G. H. to escape out
of his custody and go at large, at the parish aforesaid, in the
county aforesaid, the said G. H. having been committed to the
custody of him the said A. B. as such constable as aforesaid, by
virtue of a warrant under my hand and seal, for felony, to be
conveyed by him to the county gaol at .
Given under my hand and seal, &c.
CONVICTION.
A conviction by a justice, (unless a particular
form given by statute), sliould state the day when
it was taken, the name of.the informer, the place
where the information was taken, and should be in
the present tense, the name and stile of the justice,
and on oath, (if statute require it), the time when,
and place where the offence was committed, and the
nature of the offence; that the party was sum-
moned, that the service of the summons appeared
on oath, and the name of the witness, that it may
appear that he is not the informer; for an informer
Conviction. 203
who participates in the penalty is not allowed to be
a witness, except a statute specially direct it.
2 Ld. Ray. 1545. 1 Str. 31 6. — It should state the
entire evidence, and not the result of it. 2 Str. 210.
that the defendant was present, (if so), or had neg-
lected to appear to the summons. It must also
adjudge the forfeiture in precise terms, and the dis-
tribution of it, whether by particular statute, or in
tiie justice's discretion; and where any act author-
izes justices to award costs, the amount of such
costs must appear in the conviction. 1 East's Rsp.
I89. an award of costs " as to certain other per-
sons shall seem reasonable" is bad, for an authority
of this kind cannot be delegated. 13 East, 57, note.
It must be dated, and under the hand and seal of
the justice, and defendant is entitled to a copy of
it. 3 Burr. 1720. K. v. Midlam. Though by the
decision in East's Rep. 186, justices are not obliged
to give parties copies of their conviction.
Justices should return all convictions to the ses-
sions, whether appealed against or not. 2 T.R. 285.
but it is not necessary that they should be drawn
up instant er, and if done so, and the incorrectness
appears before the time necessary to file them, viz.
the next session, the justice may alter or substitute
another conviction, and the defendant cannot take
any advantage of it, though he had a copy of the
original conviction. Hil. Term, 41 Geo. III. East,
186'. The county mentioned in the margin of a
conviction does not indicate where the offence was
204 Conviction.
committed, but only in what county the conviction
was made, and consequently does not supply the
want of that allegation in the body of the convic-
tion. 8 Mod. ooy.
General Form of a Conviction.
to wit. Be it remembered, that on the — — day of
, in the 5 7th year of the reign of our Sovereign Lord
George the Third, now King of the United Kingdom of Great
Britain and Ireland, at ;j in tlie said county of , one
A. B. of in the said county of , [labourer,] cometh
[if on a day prior to the date of the conviction say camej in his
proper person before us J. C. and S. P. Esquires, then and still
being two of tlie justices of our said Lord the King, assigned to
keep the peace of our Lord the King, in and for the said county
of , and also to hear and determine divers felonies, tres-
passes, and other misdemeanors, done and committed in the
said county of [and if the statute so requires, say residing
nearest to the place xoliere the offence herein after mentioned was
committed], and then and tliere by his compLiint in writing, on
oath [if statute require //], gave us the said justices to under-
stand and he informed, that one C. D. of in the county of
• aforesaid, yeoman, on the — • — • day of — — , in the said
57th year of the reign of our said Sovereign Lord the King, did
at in the county of aforesaid [here set forth the
offence as near as possible in the u^ords of the statute], contrary
to the form of the statute in sucli case made and provided^
wliereby, and by force of wliich said statute, the said C. D.
liath for his said offence forfeited the sum of , one moiety
thereof and all necessary charges for the recovery thereof
being first deducted to His said Majesty, and the other moiety
to the said A. B. [or as the distribution is, and as near as maif
be in the luords of the statute], and the said A. B. prays judg-
ment of us the said justices in the premises, and that the said
C. D. may be convicted of the said offence, according to the
statute in ihat case made and provided; and the said C. D. af-
terwards, that is to say, on the day of , in the said
57lh year of the reign of our said Lord, at aforesaid, in
the county aforesaid, had notice of the said information, and of
Conviction, 205
the offence therein charged upon him as aforesaid, and v/ns then
and there, by us the said justices, in due manner summoned to
appear before us the said justices at in the county of
aforesaid, on the day of , in the said 57th year of
the reign of our said Sovereign Lord the King, in order to
make his defence against the said charge contained in the in-
formation aforesaid ; and thereupon afterwards, that is to say, on
the said day of , in the 57th year of the reign of our
Sovereign Lord the King, at in the county of — - — afore-
said, he the said C. D. being duly summoned as aforesaid in
this behalf, before us the justices aforesaid, appeareth and is
present, in order to make his defence against the said charge
contained in the said information; and having heard the same,
he the said C. D. is asked by us tiie said justices, if he can say
any thing for himself, why he should not be convicted of the
premises above charged upon him, in form aforesaid; and there-
upon he saith, that he is not guilty of the said offence [or plead-
eth and saith that — as the defence may be], whereupon we, the
said justices at the same time and place, that is to say, on the
said day of , in the year aforesaid, at aforesaid,
within the said county of , do proceed to examine into the
truth of the said complaint contained in the said information, in
the presence and hearing, as well of the said A. B as of the said
C. D. and thereupon on the same day and year last mentioned,
at aforesaid, in the county aforesaid, W. VV. a credible
witness in this behalf comes in ids proper person, before us the
said justices, to prove the said charge contained in the said in-
formation against the said C. D. and is now here, by us the
said justices, sworn, and does before us the said justices, take
his corporal oath upon the holy gospel of God, to speak the
truth, the whole truth, and nothing but the truth, of and con-
cerning the matters contained in the said information ; We, the
said justices, having administered, and having sufficient power
and competent authority to administer such oath to him, in that
behalf, and the said W. VV. being so sworn, doth, on \v.s said
oath, say and depose, in the presence and hearing of the said
C. D. that the said C. D. on the said day of , in the
said 57th year of the reign of our said Sovereign Lord the King,
at aforesaid, in the county aforesaid, did [here set forth the
evidence I, and the said C. D. does not produce any evidence to
contradict the proof aforesaid; whereupon, and upon hearing
and duly examining the whole matter, it manifestly appears te
906 Conviction.
us the said justices, that the said C. D. is guihy of the offence
charged upon him by the said information. It is therefore
considered and adjudged by us the said justices, that the said
C D. be convicted, and he is accordingly convicted of the
offence charged upon him in and by the said information ; and
we do herobv adjudge that tlie said C. D. for the said offence
hath forfeited the sum of .^" , of lawful money of the
United Kingdom of Great Britain and Ireland, current within
the realm of Great Britain, to be distributed as follows, that is
TO say [pursue the directions of tlie stafide ; or, that the said
C. I), for the said offence be committed &:c. pursuing the icords
of the statute, if the punishment he by imprisonment j. In wit-
ness whereof, we the said justices to this present record of con-
viction have set our hands and seals, at aforesaid, in the
county aforesaid, the said day of , in the S/th year
of the reign of our said Sovereign Lord the Iving.
IftJie Defendanty Jiaving been summoned, neglects to appear ^
say,
And aftei-wards, on the day of , in the said
57th year of the reign of our said Lord the now King, at
aforesaid, in the county aforesaid, he the said C. D. had notice
of the said information and of the offence therein charged upon
him as aforesaid, and was then and there, in pursuance of our
summons in tliat behalf issued, duly summoned to appear be-
fore us the said justices, at aforesaid, in the county afore-
said, on tliis present day of , in the said S/th year of
the rciga of our said sovereign Lord the King, in order to make
his defence against the said charge contained in the information
aforesaid; and the said C. D. neglecting to appear here before
us in consequence of our said summons, and not making any
defence to the said charge contained in the said information,
we the said justices do now proceed to examine into the truth of
the said complaint contained in tlie said information, W . W. a
credible witness in this behalf now here appearing before us,
being such justices as aforesaid, as a witness to prove the said
charge contained in the said information against the said C. D.
is now here by us duly sworn, and does before us the said jus-
tice^ take his corDor.il oath, ^as in ilw last orectdentl.
Conviction. 20^
Or, if the Party confesses the Charge, say,
And because the said C. D. hath nothing to say,
or can say any thing in his own defence, touching and con-
cerning the premises aforesaid, but doth, of his own accord,
freely and voluntarily acknowledge and confess all and singu-
lar the said premises to be true, in manner and form as the
same are charged upon him in the said information, and be-
cause all and singular the premises being heard and fully un-
derstood by us the said justices, it manifestly appears to us
that [as before^.
Form of mitigating Penalty, with award of Costs out ofmili-
gated Penalty.
After the formal part of the Conviction say.
And we do award and adjudge, that the said A. B.
hath forfeited for his said offence the sum of ^ of lawful
money of Great Brita'n, the one moiety thereof to the use of
our Sovereign Lord the King, and the other moiety thereof to
the use of C. D. the said informer [or as the statute directs],
according to the form of the statute in that case made and pro-
vided; and we the said justices seeing cause to mitigate and
lessen the said penalty, do, at the request of the said defendant,
according to the statute, mitigate and lessen the same to the
sum of s^ , over and above the costs and charges of the
said informer, by him laid out and expended in and about the
said information and conviction, to he distributed and go and
be applied one moiety thereof to the use of our said Lord the
King, and the other moiety thereof to the said C. D. the said
informer, and which said costs and charges of the said C. D.
the said informer, we the said justices do allow, assess, and
adjudge to him, with his assent, at the sum of ^ of Iikj or in the said amnty of — — , a*
the case sJiall be], in pursuance of an act passed in tlie 42nd
year of the reign of His Majesty King George the Third, for
[as the case may be].
Given under our hands and seals the day and year above
written.
See also " MANUFACTURERS."
COUNTY RATE
To be made by justices at their general or quarter
sessions; the high constable to collect the rate
from the churchwardens and overseers, and if not
paid within thirty days after demand, in writing-,
either delivered to them, left at their houses, or af-
fixed to the church door, the rate may be levied by
distress and sale of the goods of such churchwar-
dens or overseers, by warrant of two or more jus-
tices residing near the parish or place. 12 Geo. II.
c. 29, .9. 2. and the receipt of the high constable
to be a sufficient discharge : where there is no
poors' rate, the sum assessed to be rated and levied
by petty constable or other peace officer, in the
same manner as poors' rates are rated and levied.
s. 3.
The high constable at or before next sessions, after
be has received the money, to pay the same to the
county treasurer, and deliver, \_if required] j an ac-
222 County Rate.
count on oath to the justices at their quarter ses-
sions ; if he neg^lccts or refuses to demand and levy
the rate, or to account, he may be committed by
the justices at the sessions for such contumacy
until he obeys; and he may also be committed for
neg-lecting or refusing to pay over to the treasurer
the balance in his hands, s. 8.
Churchwardens and overseers may appeal against
the rate to the next general or quarter sessions.
The general application of county rates is stated
in the high constable's warrant.
By 55 Geo. III. c. 51, to amend the act of
12 Geo. JI. c. 29, it is enacted, Justices at general
or quarter sessions may require parish officers to
make returns of the annual value of rateable pro-
perty. *. 2. to be verified on oath ; and justices of
division are required to receive such returns, s. 3.
and officers making default, to forfeit not exceed-
ing ^20. to be levied by distress and sale. s. 4.
If default is made in making the returns required
by the precept of the general or quarter sessions,
the justices of division may issue precepts for that
purpose, and a penalty not exceeding ^20. is in-
curred by the officers neglecting to obey such pre-
cept, s. 5.
Parishes may be assessed by the general or quar-
ter sessions, though no return made, or if not
made in due time. s. 6.
Justices at general or quarter sessions, or justices
of divisions in places where there are no poors'
County Hate. 223
rate levied, or overseers appointed, may appoint an
overseer or overseers for the special purposes of this
act. s. 8. and may call for parliamentary or paro-
chial assessments to aid thera in the execution of
the act. s. 9.
Parish officers are authorized to enter on any
lands to ascertain their value, s. 10.
Justices of division to certify to the justices at
the general or quarter sessions the value of the
property so ascertained. ^.11.
Justices authorized to issue warrants to levy the
county rate in the usual manner, s. 12. and in
places where the poors' rate does not apply sepa-
rately, justices may order county rate to be levied
as in cases where there is no poors' rate. s. 13.
Parishes aggrieved by the rate may appeal to the
justices at the general or quarter sessions, s. 14.
the expense of which to be paid by the parish ap-
pealing. 6-. 15.
Justices in general or quarter sessions may com-
pensate persons employed in the execution of this
act out of the money assessed, s. 16.
High constables to give security to the justices of
the peace of the county for the due collecting and
payment of the rate, and in default, justices may
authorize parish officers to collect the same. s. 19.
All penalties if not immediately paid, to be levied
by distress and sale, by warrant of one justice, or
in default offender to be committed to the common
gaol for not exceeding three calendar months, un-
less penalty sooner paid. s. 22.
224 Counly Rate.
Justice's Precept to High Constable to collect County Rate.
To the High Constable of the Hundred of y in the said
county.
to wit. These are, in His Majesty's name, to command
you within eight days after receipt hereof, to demand^ collect
and receive of and from the churchwardens and overseers of
the poor of tlie several parishes and places hereunder-named,
(being within your said hundred,) the several and respective
sums of money hereunder set down and expressed opposite to
and against the names of such parishes and places; the said
several sums being respectively charged and assessed thereon
in and by a rate or order made at the last general quarter ses-
sions of the peace, held at in and for the said county, for
and towards one general rate or assessment made for raising
such sum and sums of money within the division of the
said county, as may be sufficient to answer the ends and pur-
poses mentioned and contained in an act of parliament made
in the 1 2th year of the reign of his late Majesty King George
the Second, intituled " An Act for the more easy assessing,
collecting and levying of County Rates;" and that upon the
receipt of the said several sums of money, you pay the same at
or before the next general quarter sessions of the peace, to be
held at , in and for the said county, into the hands of
G. B. M. Esq the treasurer appointed to receive the same.
And if any of the churchwardens and overseers of the said se-
veral parislies and places shall refuse or neglect to pay the
same within thirty days next after you shall have demanded the
same, in writing given to the said churchwardens or overseers
of the poor or any of them, or left at their or any of their
dwelling-house or houses, or affixed on any of the church doors
of such parish or places to which such churchwardens or over-
seers shall belong, that then you inform us or some other of
His Majesty's justices of the peace for the said county, thereof,
that such further proceedings may be had and taken as^ the
law directs. And therefore fail not at your peril.
Given under our hands and seals at in the said county,
the day of , in the year of our Lord I&17.
Dissenters, 22a
High Constable's Warrant to levy the Rate.
To the Churchwardens and Overseers of the Poor of the parish
of in the said county.
to wit. By virtue of an order of His Majesty's justices
of the peace in and for the said county in tlieir general quarter
sessions assembled, you are hereby required in thirty days
time from your receipt of this precept, or otherwise, having had
due notice thereof, to pay to me, out of the money by you col-
lected or to be collected for the relief of the poor of your pa-
rish, the sum of 4£ being the proportion of your said parish
for and towards the general county rate, for repairing of
bridges, repairing of the gaol, and for the relief of prisoners
there, and for the relief of the prisoners in the King's Bench
and Marshalsea prisons ; for repairing and furnishing the house
of correction, with the salary of the keeper thereof, the trea-
surer's salary, the coroner's fees, the charges concerning va-
grants, soldiers' carriages, convicting and transporting felons^
and other county charges. Herein fail not at your peril.
Given under my hand at — — in the said county, the — — «
day of , 18 17.
J. C. High Constable.
DEER. See « GAME."
DISSENTERS.
By the act of toleration, 13 and 14 Car\ II. c. 4,
and by 19 Geo. III. c. 44, no dissenting minister
shall be liable to the penalties of former acts, who
shall, at the sessions where he lives, take the oaths
of allegiance and supremacy, and subscribe the de-
claration against popery, and also the following
declaration, viz.
" I, A. B. do solemnly declare, in the presence
of Almighty God, that I am a Christian and a Pro-
testant, and as such, that I believe that the Scrip-
Q
22U JDusenlers.
tures of tlie Old and New Testament, as commonly
reccivTd amoni,'- Protestant clmrches, do contain
the revealed will of God, and that I do receive the
same as the rule of my doctrine and practice." He
may preach in any other county at a meetings duly
reg-istered, on producing-, (if required), a certificate
of his qualification. \0 Ann, c. 2, s. ^. and he is
exempted from the offices of churchwarden, over-
seer, or any other parochial oflice, and from serv-
ing in the militia, either personally or by substitute.
1 JFm. and Mar?/, c. 18, s. 11. — 19 Geo. III. c. 44. —
42 Geo. III. c. 90, s. 43. Any person disturbing-
a meeting-house, duly licensed, or misusing the
preacher, shall find sureties in ^50. to answer the
same at the sessions, in default may be com-
mitted, and on conviction of the offender at the
sessions, he shall forfeit JO20. to the King. 1 ^%.
and Mary, c. 18, s. 18.
By 52 Geo. III. c. 155, the acts of 13 and 14
Car. II. c. 1. 1/ Car. IL c. 2. and 22 Car. II. c. 1.
are repealed, and the following regulations substi-
tuted. — All places for religious worship shall be
certified and registered, and any person know-
ingly permitting such assembly to meet in any
place not registered, to forfeit not exceeding ^20.
nor less than 20s. s. 2. Any person preaching in a
place, without the owners consent, to forfeit not
more than ^30, nor less than 40s. s. 3. Preachers,
and persons resorting to religious assemblies so
certified and registered, exempt from penalties, in
Distress. 22^
1 ^Fm. a?id Mary, and preachers on taking the
oaths in 19 Geo. 111. c. 44, from civil offices and the
militia, s. 9.
Penalty on providing a false certificate of having
taken the oath, ^50.
Persons disturbing religious congregations, shall
enter into recognizance with two sureties in ^50.
to answer complaint at the sessions; in default
tliereof to be committed till the sessions, and if con-
victed, to forfeit ^bo. s. 12.
Offenders to be convicted before two justices, and
pecuniary penalties to be levied by distress; in de-
fault thereof, the party to be committed to prison
for any time not exceeding three months. s.\b. but
appeal allowed to the next quarter sessions, s. 16.
Penalties to be sued for in six months, s. 17.
By 53 Geo. III. c. 160, so much of the act
1 Tf^. and M. as provides that that act should not
extend to give any ease, benefit, or advantage to
persons denying the Trinity, is repealed, s. 1 .
The provisions of another act 9 and 10 TV. in-
tituled " An Act for the more effectually suppres-
sing Blasphemy and Profaneness so far as relates to
Persons denying the Trinity," is also repealed, s. 2.
DISTRESS.
A distress is the taking or distraining a personal
chattel, to procure satisfaction for a wrong com-
mitted. Tiie most usual distress is for rent in ar-
rear ; but the penalties and duties imposed by acts
Q 2
Distress.
of pariiameiit are g^eoerally recoverable by distress
and s^c of the ofeader's gt)ods.
To justify taking" a distress, the party must have
z regnlar warraBt for se doing", and must take care
that the thing's taken are distrainable, and that the
distress is made in due time and place. Co. Lit. 47.
All distres&es miit be made in the day time, unless
in the case of cattle distrained, danuige feasant.
\ lust. 142. aad they must be damage feasajU at the
time of making the distress ; for if they were i^
mtgc feasmMt yesterday, and again to-day, they can
ealy be distrained for the dama^ they are then do-
ifig. BuU. Ni. Pri.61.
Peri OB s makifisr a lawful distress may sell the
«ame upon the premises in like manner as may be
done oflf the same. 2 ffru. axd Mary. Sess. I, c. 5.
By 27 Geo. II. c. 20, Justices of the peace, in all
cases where they are empowered to levy penalties
by act of parliament, are in their w^rants of dis-
tress to limit a time (not less than four nor more
than eight days) for sak of the goods : the con-
stable making such distress, may deduct the rea-
sonable charges of taking, keeping, and selling
such distress, out of the money arising by the sale ;
the overplus, if any, after such charges and also
the penalty or sum of money shall be folly paid,
shall be returned to the owner of the goods dis-
trained ; and the constable, if required, shall shew
his warrant to the party whose goods are distrained,
aad suffer a copy thereof to be taken. If distress
Distress. 229
cannot be found in the jarisdiction of the justice
granting the warrant, it may be levied in another
place. 33 Geo. III. c. bb, s. 3.
A distress ought to be made of such things
whereof the sheriff may make replevin. Co. Lit. 47.
but when an act of parliament orders a distress and
sale of goods, it is in the nature of an execution, and
replevin will not lie. Bac. Ahr. title " Replevin.'"
If in seizing for the whole sum due, the first dis-
tress is found insufficient, from mistaking the value
of goods seized, which may be uncertain or imagi-
nary, (such as pictures, race-horses, &c.) a second
distr^s may be made. Burr. 5S9.
For the landlords remedy against his tenant for
fraudulently removing his goods to prevent distress,
and for recovering possession of deserted premises,
under 11 Geo. II. c. 19, see title "* Landlord and
Tenant."
Distress ff arrant where part of the Penalty goes to the L^ormer
and part to the Poor.
To the Constable of . and to all other Constables ia and
for the count)- of .
to wit. \\'hereas A B. of in the coanty of -,
[lahounrr?^ is duly convicted before me S. P. Esq.
one A. B. of , was duly convicted before us J. C. and
Disti^ess. 231
S. P. Esquires, two of His Majesty's justices of the peace
in and for the county of , upon the information of CD.
of , and on the oath of E. F. a credible witness in that
behalf, of a certain offence committed by tlie said A. B. for
that [state the offence as in the Conviction to the xcords
" contrary to the 'statute," &c.J whereby and by force of the
statute in that case made and provided, the said A. B. was
for his said offence adjudged to forfeit the sum of £
[as in the conviction'].
And whereas we the said justices seeing cause to mitigate
and lessen the said penalty, do at the request of the said
A. B. according to the statute, mitigate and lessen the same
to the sum of ^^ , over and above the reasonable costs and
ciiarges of the said informer, by him laid out and expended
in and about the said inlx^rmation and conviction, to be dis-
tributed and be applied one moiety thereof to the use of our
said Lord the King, and the other moiety thereof to the said
C. D. the informer, and which said costs and charges of the
said C. D. the informer, we the said justices do allow, assess,
and adjudge to him with his assent at the sum of £ of
like lawful money, according to the statute in that case made
and provided. These are therefore to command you to levy
the said sum of £ of lawful money of Great Britain, and
also the said sum of i;^ , the costs and charges above-men-
tioned of the said C. D. tlie informer, making together the sum
of j£ , by distress and sale of the goods of the said A. B.
And we do hereby oider and direct that the said goods w^hich
shall be so distrained be sold and disposed of within six days
from the time of making the said distress, unless the said sum
of £ for which such distress shall be made, together with
the reasonable charges of taking and keeping such distress,
shall be sooner paid. And you are hereby commanded to
certify to us the said justices what you shall do by virtue of
this our warrant.
Given under our hands and seals at j tlie day of
, 1817.
Q 4
232 Dogs.
Constable's Return of want of Distress y to be indorsed on the
Warrant.
W. S. constable of within-mentioned,
maketh oath this day of , 1817, that he hath made
diligent search for but doth not know of nor can he find suffi-
cient goods and chattels of the within-mentioned A. B. where-
on to levy the within-mentioned sum of ^^ , as therein
he is commanded.
W. S.
Sworn before me, one of the
justices within-mentioned,
S.P.
Indorsement on a Warrant of Distress to he executed in another
County.
to wit. S. P. Esq. one of His Majesty's justices of
the peace in and for the said county, doth hereby certify that
oath hath been made this day of before him, by
W S. the constable named in the within warrant, that he the
said VV. S. hath, by virtue thereof, made diligent search for the
goods and chattels of the within-named A. B. and that he can
find no sufficient goods and chattels of him within the county
of whereon the within-named sum can be levied; These
are therefore to authorize the said VV. S. who bringeth to me
this warrant, and all persons to whom the said warrant is di-
rected [if it is directed to more than one], to execute the same
within the said county of
Given under my hand and seal, &c.
S.P.
DOGS.
By 10 Geo. III. c. 18, if any person shall steal
any dog or dogs of any sort from the owner, or
from any person entrusted by the owner with such
dog or dogs, or shall sell, buy, receive, harbour, de-
Dogs. 233
tain or keep any such dog" or clogs, knowing the
same to be stolen, every such offender being con-
victed thereof on the oath of one witness, or on
confession before two justices, shall forfeit for the
first offence not more than ^30. nor less than
^20. at the discretion of such two justices, with
costs to be ascertained by them ; and if penalty
not forthwith paid, such justices shall commit the
offender to the common gaol or house of correc-
tion for not more than twelve nor less than six
calendar months, or until the penalties and charges
shall be paid ; and for a second offence he shall
forfeit not exceeding .^50. nor less than ^30.
with costs, and on non-payment such justices may
commit the offender for any time not exceeding
eighteen months, nor less than twelve months, or
until the said penalties and costs are paid ; one
moiety of the penalty to go to the informer, and
the other to the poor of the parish where the of-
fence committed; and such justice may order the
offender to be publicly whipped within three days
after commitment.
One justice may grant a search warrant for any
dog or dogs so stolen ; and if any such dog or the
skin thereof be found, it shall be restored to the
owner : and the person in whose custody such
dog or skin shall be found (he being privy to the
theft) shall be subject to the like penalties as per-
sons convicted of stealing any dog or dogs as
afpresaid.
5S4 Dogs.
Aay person affsriered may appeal to the next
^neral quarter sessions witbin four days after the
cau5»e of complaint shall arise, such appellaut g^iv-
ia? fourteen days notice of his intention to appeal:
the decision of the sessions to be final.
rXhere must be a mistake in this last section of
the act, otherwise the paity would undergo the
most odious part of his punishment prior to the
time limited for his giriog- notice of appeal: for
should he be apprehended and committed for a se-
cond offence, he is to be publicly whipjyed in three
days after commitment: it would be an anomaly in
law to punish a man pendente Fitei]
The owner of a mischievous dog- may be indicted
for suffering- him to go loose and unmuzzled.
Ifyrr, 25. and an action for dama»«s will also lie
against the owner. 2 Str. 1264. but action cannot
be maintained against the owner of a dog: for bitin?
a person, unless the owner had notice of his hav-
ing bit somebody once before. 12 Mod. b^b. an
action will also lie against the owner of a dog- ac-
customed to bite sheep, provided the owner knew
Mm to be sTiilty of such practices. Dyer, 236.
A man may justify battery in defence of his doff.
Cro. Eftz. 125.
A man may justify beating a dog which attacks
hi? dog. but he cannot justify killing him. miless
he cannot otherwise save his own do?. 1 Camp.
Bep.41.
An action will lie against the finder of a doi? for re-
Dogs.
235
fusing to deliverhim to the owner after demand. Cro.
Eliz. 125. the person detaioing is liable to damage
as well as costs, and he has no lien on the do^ for its
keep. 2 BlacJi. Rep. 111/. Dogs of qualilied per-
sons cannot he killed in pursuing game. 1 1 Ea^fs
Rep. 56s. but otherwise if in pursuit of deer in a
park, or rabbits in a warren.
Cmciction, xinder 10 Geo. III. for Stealing a Dog.
to wit. Be it remembered. That on the daj- of
in the rear of our Lord 1817, A. B. is convicted before
ns, \V. S. and S. P. Esquires, two of His Majesty's justices of
the peace in and for the said county of , for that he the
said A. B. wiriiin six months now last past, to wit on the
dav of this present month of , in the said year of our Lord
1817, at the parish of in the said county, cnlav^-fuliy and
against the form of the statute, did steal one spaniel dog", the
property of C. D. of , gentleman.
Given under our hands and seals, &c.
Cottcktiorij on the same Act, for receiving a Dog knowing it
to have been Stolen .
to wit. Be it remembered. That on the day of
kc. A. B. is convicted before us, >V.S. and S. P. Esquires,
two &c. for that he tiie said A. B. on &c. at &c. uulavvfully
and against the form of the statute in this behalf made and
provided, did receive, harbour, detain, and keep one spaniel
dog, the property &c. he the said A. B. well kixjwlng the said
dog to have been stolen.
Given &c.
Information bejore one Justice to groimd a Search Wammt.
■ to wit. Be it remembered. That on the day of
, in the year of our Lord 161/, at in the said couniy
of , A. B. veoman, in his proper person, cometh befjre me
i?. P. Esq. one of His Majesty's justices of the peace ia and ft*
236 Evidence.
the said county, and upon his oath before me the said justice
deposeth and saith, that he hath lately lost a terrier dog of a
black and tan colour, and that he hath cause to suspect and
doth suspect that C. D. of aforesaid hath stolen the same,
and that the skin of the said dog is now concealed in the
dwelling house of the said C. D. situate hi the town and parish
of aforesaid.
Exhibited on oath before me, this day of , 1817-
Search Warrant thereon.
to wit. [Recite the complaint as in the information,
then proceed thus : ] — ^I'hese are therefore to command you to
make diligent search for the said dog's skin, in the said dwelling
house of the said C. D and if you shall find it therein, then
that you bring the same before me at this place, and also cause
the said C. D. to come before me and VV, S. Esq. one other of
His Majesty's justices of the peace in and for the said county,
at this place to-morrow morning at eleven o'clock, to answer
the said complaint and to make defence thereto, and to be
dealt with according to law.
Given &c.
EVIDENCE.
In general a person is a competent witness, un-
less interested in the event of the suit, either di-
rectly or indirectly. 7 T. R. 62.
The ex-parte examination of a pauper, in writing-,
as to his settlement^ is not admissible evidence of
such settlement. 2 East's Rep. 54, but the exami-
nation of a soldier as to his settlement, is made
evidence by the Mutiny Act ; it must however be
authenticated before read in evidence.
The confession of a defendant, taken on an ex-
amination before justices, is allowed to be evidence
Evidence, 237
against the party confessing, but not against third
persons. 2 Haw. c. 46, s. 3. The distinction be-
tween a credible and a co?}ipetent witness is, that the
former is not disabled from being produced and
sworn, but the credit of his testimony depends
upon his moral character: the latter may be
disabled by interest and other causes from giving
evidence, and on that account is incompetent,
2 H. H. 276, 277.
A witness cannot be asked any question, the an-=
swerins: of which would accuse himself of a crime»
but he may be asked whether he has not been in
the pillory for perjury. 4 T. R. 440. — An infant of
fourteen years of age, and even under, if of compe-
tent discretion, may be sworn as an evidence.
2 H. H. 278.
The deposition of a witness taken extra-judi-
cially before a magistrate, is not evidence. —
Leach, 397.
A person convicted of perjury is thereby rendered
incompetent as a witness. 2 Haw. 433. but persons
convicted of any felony within clergy, or of grand
or petit larceny, are competent witnesses: other
incompetent witnesses are persons guilty of treason,
felony, piracy, praemunire, or forgery.
Husband and wife are not admitted as evidence,
against each other, except in treason — and also in
polygamy, for the second marriage being void, the
second wife may be admitted a witness; but the wife
238 Evidence.
may be permitted to swear the peace against her
hiisbaad, and vice versa. Duller, N. P. 286.
No quaker shall be allowed to give evidence in
any crlmhuil cause, except on oath. 7 and 8 //^.
c. 34. An accomplice to a crime may be admitted
as a witness, if he hath not been indicted for such
crime; and accomplices are good witnesses for the
King until they are convicted. 2 Haw. 46, s 17, 18.
Warrant for a Witness to give Evidence.
To the Constable of ,
to wit. Whereas oath liath been made before me
S. P. Esq. one of His Majesty's justices &c. by C. D. of &e.
that he the said C. D. was lately robbed on the King's highway
at , and that he hath good cause to believe that E. F. of
&c. is a material witness to prove by whom the said robbery
was committed. These are therefore to require you to cause
the said E. F. forthwith to come before me, to give such in-
formation and evidence as he knoweth concerning the said of-
fence, and that such further proceedings may be had therein as
to the law doth appertain.
Given under my hand and seal &c.
S. P.
Condition of a Recognizance to appear and give Evidence.
The condition of this recognizance is such, that
if the above bounden A. B. shall personally appear at the next
general quarter sessions of the peace, to be holden at in
the county of , and then and there give such evidence as
he knoweth, upon a bill of indictment to be exhibited by C. D.
of &c. to the grand jury, against E. F. of &c. yeoman, for felo-
niously stealing , the property of C. D. and in case the
said Ijill be found a true bill, then if the said A. B. shall then
and there give evidence to the jurors, that shall pass on the
trial of the said E. F. upon tlie said bill of indictment, and not,
depart thence without leave of the court, then this recog-
nizance to be void, otherwise of full force and virtue.
Examination. 239
EXAMINATION.
By 1 and 2 P. and M. c. 13, s. 4, two or more
justices, or one of them where prisoner is charged
with manslaughter or felony, shall take his exami-
nation in writing, and the information of him that
l>ring him of the fact, which they shall certify at
the next gaol delivery.
A constable may be ordered by a justice, by word
of mouth, to detain a prisoner for further examina-
tion, and it is said three days is a reasonable de-
tention. Cro. El'iz. 829.
The examination of a prisoner should not be on
oath, but he should sign it if it contains a confes-
sion. Dalt. c. 164. and the examination being vo-
luntary, and proved to be truly taken by the jus-
tice or his clerk, may be given in evidence against
the prisoner. 1 //. //. 586. though not against
others. 2 Haiu. c. 46, s. 3. but witnesses must be
examined on oath. Dcdt. c. 164.
Persons refusing to be bound to prosecute and
give evidence, may be committed. Dalt. c. 164.
1 H. //. 586.
Examination or Confession in Felony.
[Note. If the offence be bailable it must be taken before two
Justices.]
to wit. The examination of A. B. of , taken be-
fore me S. P. Esq. one of His Majesty's justices of the peace
for the said county, ou , the day of , in the year
240 Examination,
of our Lord 1817, the said A. B. being charged before me by
C. D. of &c. yeonmn, with the felonious stealing out of the
dwelling-house of the said C. D. at , on the day of
. , the following goods, to wit, [here describe the articles] y
of tlie value of -, he the said A. B. upon his examination
now taken before me, confesseth that &c.
Examination as to Stolen Goods,
to wit. The information and complaint of A. B. of &e.
in the county of , llabonrer,'] made on oath before me one
of His Majesty's justices of the peace for the said county, the
day of , who saith that the following goods, to wit,
[describe the goods stolen], have by some person or persons
unknown, within days last past, been feloniously taken,
stolen, and carried away, out of his dwelling-house [or out-
house, as the case may be], situate at aforesaid, in the
county aforesaid; and that he hath probable cause to suspect,
and doth suspect, that the said goods, or part thereof, are con-
cealed in the house [stable ^c. as the fact is], of C. D. at
■ ■ in the said county.
Taken before me.
Summons for a Witness to be Examined,
To the Constable of in the county of .
to wit. Whereas information hath been made before
me S. P. Esq. one of His Majesty's justices of the peace in
and for the said county, that \ state the complaint] and that CD.
of in the said county, is a material and necessary witness
to be examined concerning the same. These are, therefore, to
require you to summon the said C. D. to appear before me, at
in tiie said county, on the day of , at the
hour of in the noon of the same day, to testify the
truth according to the best of his knowledge concerning the
premises.
Given under my hand and seal this — — day of , 181 7.
S. P.
Eocamination. 241
Warrant for a Witness,
To the Constable of .
to wit. Whereas it hath been made appear to me
S. P. Esq. one of His Majesty's justices of the peace in and
for the county aforesaid, upon the oath of A. B. that he the
said A. B. was feloniously robbed of [state the facts], and that
he has cause to believe that C. D. of is a material wit-
ness to prove by whom the said jobbery was committed. And
whereas it hath been duly proved, on the oath of K. L. con-
stable of , that the said C. D. was duly summoned to ap-
pear before me this day at the hour of in the forenoon,
to be examined touching the said robbery, but the said C. D.
hath neglected and refused, and doth neglect and refuse to
appear before me, in pursuance of the said summons ; These
are, therefore, to require you to cause the said C. D. forthwith
to come before me and give such evidence and information as
he knoweth concerning the said oifence, that such further
proceedings may be had therein as the law doth direct.
Given under my hand and seal &c.
Commitment for further Examination .
To the Constable of , and to the Keeper of the Common
Gaol of .
to wit. Whereas A. B. of in the said county,
[lahourer^ is this day brought before me S. P. Esq. one of
His Majesty's justices of the peace in and for the said county,
and charged before me the said justice, on the oath of C. D.
of in the said county, yeoman, with having feloniously
stolen [describe the goods], the property of the said C. D.
but inasmuch as the witnesses on tiie part of the said prose-
cution against the said A. B. for the said felony are not now
here ready to give evidence against him; These arc, therefore,
in His Majesty's name, to command you the said constable,
forthwith to convey and deliver the said A. B, into the custody
of the keeper of the said gaol at . You the said keeper of
the said gaol are hereby also commanded to receive the said
A. B. into your custody in the said county gaol, and him there
R
242 Ea:amination.
safely to keep until the hour of io-morrow morning, when
you are required to bring the said A. B. to the house of ,
at in the said county, to be then and there further exa-
mined concerning tlie said felony, Ijefore me or such other of
His Majesty's justices of the peace for the said county as shall
be then and there present.
Given under my hand and seal &c.
Commitment of a Witness for refusing to enter into Recog^
nizance to appear and give Evidence.
To the Constable of in the county of , and to the
Keeper of the Common Gaol at in the said county.
to wit. Whereas A . B. was this day charged before
me S. P. Esq. one of His Majesty's justices of the peace in
and for the said county, with having feloniously stolen ,
the property of C. D. of in the said county, yeoman, and
upon the examination of the said A. B. one E. F. of in
the said county, [labourer,'] did give material evidence on oath
before me the said justice, against the said A. B. touching the
said felony, whereupon the said E. F. is required by me the
said justice to become bound in a recognizance in the sum of
^ , conditioned for his personal appearance at the next
quarter sessions to be held in and for tlie said county, then
and tlicre to give such evidence as he knoweth, on the part of
our Lord tlie King, against the said A. B. on his trial for the
said felony; but inasmuch as the said E. F. hath obstinately
and contemptuously refused to enter into such recognizance,
these are in His Majesty's name to command you the said
constable forthwith to convey and deliver the said E. F. into
the custody of the keeper of the county gaol of aforesaid,
together with the duplicate of this my warrant, and also to
command you tlie said keeper to receive the said E. F. into
your custody in the said county gaol, and him there safely to
keep until the next quarter sessions to be held in and for the
said county, or until he shall enter into such recognizance as
aforesaid.
Given under my hand and seal &.c.
Excise and Customs 243
EXCISE AND CUSTOMS.
By 55 Geo. III. c. 27, additional duties of excise
are granted till July 5, I8I6.
As the nature of this work will not permit a de-
tailed account of the various duties and regulations
of the Excise and Customs, and as there are dis-
tinct treatises on these subjects, it is advisable
tliat reference be had to the ^cts of Parliament,
to Highmore on Excise, and other works exclu-
sively adapted to them, in which will be found
every necessary information and direction; and as
the penalties in general are recoverable by process
at common law, such penal clauses only of the se-
veral acts of parliament, with the precedents ap-
pHcahle thereto, are here inserted, under which
justices of the peace are empowered to hear and
determine.
A carman, porter, or other person assisting in
landing, shipping, or carrying goods from foreign
parts, without a warrant from or presence of a cus-
tom-house officer, may, for his first offence, be ap-
prehended by warrant of one justice, and commit-
ted till he find sureties for good behaviour; for se-
cond offence, commitment for two months, or until
he pay a fine of =^5. or is discharged by the Court
of Exchequer. 13 and 14 Car. II. c. 11.6-7. Boats
and carriages forfeited in consequence of goods be-
R 2
244 Excise and Customs.
ing re-lanclcd after drawback allowed, may be re-'
covered before justices, s. l6.
Officer of customs or excise finding on board any
ship coming- from abroad, (not an Indiaman), more
than 100 lbs. of tea, or more than 100 gallons of
foreign spirits, (over and above two gallons for
each seaman on board), and being in casks under
sixty gallons, may take the person having charge of
the ship before a justice, who shall bind him in a
recognizance of ^300, to answer the complaint in
the Court of Exchequer. 19 Geo. III. c. 69, s. 7.
One justice may convict seamen or mates con-
cealing such goods, in the forfeiture of their wages
and 10s. for every gallon of spirits or pound of tea;
and in war time, if able, to be sent for three years
on board a ship of war, and if in peace, and unable
to pay the penalty, commitment for not exceeding-
three months nor less than six weeks. 21 Geo. III.
c. 39, s. 2. The penalties may be mitigated not
less than half. s. G. — A printed copy of this act to
be put up in a conspicuous part of every trading
ship, under penalty of is. a day for every such
omission.
A justice, on information upon oath, may cause
a suspected smuggler, lurking within five miles of
the sea or any navigable river, to be apprehended
and committed to hard labour for one month, and
whipped. 9 Geo. II. c.35, s.S. but if he desires
time to exculpate himself, he shall only be commit-
ted till he find security, s. 19. •
Excise and Customs. 245
Any person riotously assembling, and with of-
fensive weapons aiding the landing or opposing
the seizure of prohibited goods, may be appre-
hended by warrant of one justice, on information
on oath ; and such offenders may be committed
without bail till discharged by law. 9 Geo. 11.
c. 35.
Any person knowingly receiving or buying any
nm goods before they shall have been legally con-
demned, shall on conviction (after summons) by
confession, or oath of one witness, before one jus-
tice where the offence shall be committed or the
offender shall be found, forfeit ^20. half to the
informer and half to the poor, to be levied by dis-
tress, or for want thereof, be committed to prison
for three months. 49 Geo. HI. c. 2, s. 4.
Persons knowingly concealing run goods, to for-
feit the same and treble their value. 1 1 Geo. c. 30,
6\ 16, 17.
Porters and others knowingly carrying run goods,
on conviction shall forfeit treble their value, half to
the informer and half to the poor, to be levied by
distress, by warrant of one justice ; for want of
distress, the offender may be committed to the
house of correction to be w hipped, and kept to hard
labour not exceeding three months. 9 Geo. II. c. 35,
s. 21.
Persons to the number of two or more found
passing with any horse, cart, &c. laden with more
than Gibs, of tea, or more than five gallons of fo-
K 3
246 Excise and Customs.
reign spirituous liquors, not having paid the duty,
and not having- any permit, and shall carry offen-
sive weapons, or wear any disguise ; any officer of
customs or excise may arrest such persons and
carry them before a justice, who shall commit
them (if he see cause) to gaol till the next general
quarter sessions, and take the officer's recognizance
in ^40. to appear and prosecute. 19 Geo. III.
C.69, S.9, 11, 12.
Offences relating to excise and customs made fe-
lony by any act of parliament, may be tried in any
county. 43 Geo. III. c. 157, ■^•2.
Any person obstructing an officer in seizing pro-
hibited goods, such officer may arrest the offender
and carry him before a jus.tice, who shall commit
him, if he see caus^^ liKthe next general quarter
sessions. 19 Geo. III. c. 69, ^.10, 12. and by
24 Geo. III. c, 47, and 34 Geo. 111. c. 50, any
other person may apprehend an offender in like
manner. i
By 49 Geo. Ill c. 65, any two ^^stices living
near the place wherein the offence aifses, or where
offender shall be found, may hear and determine
prosecutions for penalties incurred under this or
any former act, and may, on the oath of one wit-
ness, convict the offender and levy the penalty by
warrant of distress, but not if the fine exceed ^50.
.9. 2.
A summons left at the party's house is sufficient.
s. 3. justices may mitigate penalties one half.
Excise (in general.^ 24/
in certain cases, s. 4. and an offender who shall be
committed for non-payment of penalties, shall, on
the expiration of his imprisonment, be wholly dis-
charged from such penalties, s. 5. Information to
be laid within six months after penalties incurred,
or offence committed, s. 6.
On complaint of any officer of excise or customs
not doing- his duty, one justice may examine the
matter, and if well founded he shall transmit the
examination and complaint to the commissioners of
excise or customs respectively. 19 Geo. HI. c. 6^,
s. 32.
Two justices in a summary way may determine
respecting the seizure of horses, carriages, and
boats of fifteen tons burthen, or under, and may
summon the parties, give judgment, and issue war-
rants for penalties; such judgment to be final.
8 Geo. c. 18. 49 Geo. III. c. 65.
EXCISE (In general.)
By 24 Geo. II. c. 40, all fines imposed by this or
any other act relating to the duties of excise, shall
be sued for by any law or laws of excise, or in the
courts at Westminster, and shall be half to the
King and half to the informer. s\ 29. viz. if within
the limits of the chief office, offences to be deter-
mined bv the commissioners, and in all other
places by two or more justices of the peace residing
near to the place where forfeitures are incurred 01;
K 1
248 Excise 0n general. J
offence committed ; and in case of neglect or re-
fusal of such justices by the space of fourteen days
next after complaint made, and notice thereof
given to the offender, then the sub-commissioners
may hear and determine the same; justices are
required upon any complaint to summon the party
accused, and on his appearance or contempt to
proceed to the examination of the facts, and on
due proof thereof by confession, or oath of one
witness, to give judgment and to issue warrants to
levy the same on the goods of the offender ; and if
not redeemed in (not less than four nor more than
tight days, by 27 Geo. 11. c. 20, s. 1 .) and for want
of such distress, to imprison the offender till satis-
faction made. 12 Car. II. c. 24, s. 45.
If on request by an officer of excise to a consta-
ble to assist him in his duty, wherein a constable's
presence is necessary, he shall neglect or re-
fuse, such constable shall forfeit ,^20. 11 Geo.
c. 30, s. o\. and any person obstructing an officer
of excise in the execution of his duty, shall for-
feit ^10. 6 Geo. c. 21, s.^.
Justices may summon witnesses to give evidence,
and may fine them ^'10. for refusing to appear,
7 and 8 M'm. c. 30, s. 24.
One justice may issue a warrant to search for ex-
ciseable goods by nigh' or day, on oath of officer,
and such goods may be seized; persons ob-
structing the execution of the warrant to forfeit
\^100. 42 Geo. Ill, c. 97, s, 17.
Eoccise (^in general.^ 249
An appeal does not lie in all cases against the
conviction of two justices^ under the excise laws,
but in cases where it is allowed, the appelhint
must deposit the single duty with the commission-
ers of excise, and give security eitlier to commis-
sioners of appeal, or justices, for the adjudged for-
feiture. 1 5 Car. II. c. 1 1 .
Distress warrant, granted by two justices, under
9 Geo. II. c. 23. on conviction for selling spiritu-
ous liquors without license, need not be under seal.
Wiliiss Rep. AW. but as penal statutes generally
direct distress warrants to be under hand and seal,
it is advisable in all cases not to omit the seal.
By 19 Geo. III. c. G^, importers and dealers in
foreign brandy, arrack, rum, spirits, or strong wa-
ters, shall put on some conspicuous part of their
house, &c. these words, " Importer of or Dealer in
Foreign Spiiituoiis Liquois" under a penalty of
Information and Complaint (general), on 12 Car. II. c. 24.
to wit. Be it remembered, That this day of ,
In the 57th year of the reign of our Sovereign Lord, George III.
at in the said county, cometh A. B. of , yeoman, in
his own proper person, and as well for our said Lord the King
as for himself, exhibiteth to us, J. C. and S. P. Esquires, two
of His Majesty's justices of the peace for the said county, re-
siding near the place where the ott'ence herein after mentioned
was committed, an information and complaint, and thereby in-
formeth us that at several times between the day of ,
and the day of [or on tlie day of , as the
fact is], now last past, one C. D. of , yeoman, did [state
the offence], contrary to the form of the statute in such case
'250 Excise (in general.J
made and provided, whereby he hath forfeited the sum of
j€ , and thereupon the said A. B. who as well for his said
Majesty as himself doth prosecute, humbly prays the judgment
of us the said justices in the premises, and that he may have
one moiety [or as the statute directs] of the said forfeiture, ac-
cording to the form of the statute in that case made and pro-
vided, and that the said C. D. maybe summoned to answer the
said premises, and to make his defence before us the said
justices.
A. B.
Exhibited before us the day
and year above written,
J. C.
S. P.
Summons thereon.
To C. D. of in the said county, yeoman.
to wit. We J. C. and S. P. Esquires, two of His
Majesty's justices of the peace in and for the said county, do
hereby give you notice, that A. B. of , yeoman, hath this
day exhibited before us an information against you for the sum
of j^ 1 the forfeiture'], by you incurred for and by reason of
your [state the offence], contrary to the form of the statute in
such case made and provided; you are therefore hereby re-
quired to appear before us at in the said county, on the
day of now next ensuing, at of the clock in
the noon of the same day, then and there to answer the
said information, and to make defence thereto; but if you neg-
lect to appear, we shall proceed as if you were personally
present; and we do authorize and require L. M. officer of
excise, or any other officer of excise, to serve this our sum-
mons and to attend us at the time and place aforesaid, then
and there to make a return thereof to us the said justices.
Given under our hands the day of ■ >, in the year of
our Lord 18 17.
J. C.
S. P.
The Conviction may be in the form under title " Conviction.'*.
Excise (t7i general.^ 251
fVarrant of Distress for a Penalty, under 12 Car. II. c. H.
To A. B. and C. D. Officers of Excise, and to cither of them.
to wit. We whose hands and seals are hereunto set,
two of His Majesty's justices of the peace in and for the said
county, do, in his said Majesty's name, authorize and com-
mand you, or one of you, that you seize upon the goods and
chattels of C. D. of in the county aforesaid, and levy the
sum of M^ of lawful English money, by us mitigated from
the sum of j€ [if so], recovered against him by A. B. who
prosecuted as well for our Sovereign Lord the King as for him-
self, for a certain offence committed by the said C, D. against
the laws and statutes of excise, whereof he the said C. D. is
duly convicted before us, and for the levying thereof you are
to seize, take and carry away, the goods and chattels aforesaid;
and if in days [not less than four nor more than eighty
next after such seizure, the said sum of j^ , together with
the reasonable charges of taking and keeping the said goods
and chattels shall not be paid, then and in such case, after the
expiration of the said days, you are to sell the same, or
so much thereof as shall be sufficient to levy the said sum of
^' , which when so levied you are forthwith to pay to the
collector of excise of the district for the time being [or as the
case may be] to be by him distributed according to the statute
in that case made and provided; and if any overplus shall re-
main of tlie money arising by such sale, you are to render such
overplus to the said C. D. the reasonable charges of taking,
keeping, and selling the said distress being first deducted. —
And all constables and other peace officers of the said county
are hereby required to aid and assist you in the execution
hereof. But in case sufficient distress cannot be found whereon
to levy the said sum of .£" , you are forthwith to certify the
same to us, together with a return to this precept.
Given under our hands and seals the day of , 1817.
J. C.
s. p.
252 Excise (in gcneral.J
Return, hy Excise Officer, of want of Distress.
to wit. I, A. B. one of tlie within-named officers of
excise, do hereby certify to J. C. and S. P. Esquires, the jus-
tices within named, tliat by virtue of the within warrant I
have made diligent search for the goods and chattels of C. D.
and that I can find none whereon I could levy the sum of
money within mentioned, or any pait thereof^ as witness my
hand this ■ day of , I8I7.
A. B.
Commitment for want of Distress.
To A. B. and C. D. Officers of Excise, and to either of them,
and to the Keeper of the Common Gaol at in the said
county.
— — to wit. Whereas we whose hands and seals are here-
unto set, two of His Majesty's justices of the peace in and for
the said county, by warrant under our hands and seals, bearing
date the day of last, did require and command you
the said A. B. and C. D, or one of you, to levy the sum of
=^ therein mentioned, upon the goods and chattels of
E. F. of . And whereas you the said A. B. by a return
and certificate under your hand, dated the day of ,
have certified to us that diligent search hath been made by
you for such goods and chattels, but that you can find none
whereon to levy the said sum of ^ or any part thereof;
We the said justices do therefore, in his said Majesty's name,
require and command you the said A. B. and C. D. or one of
you, to take the body of the said E. F. and him forthwith to
carry to the common gaol at in the said county, and
there deliver iiim to the custody of the keeper of the said gaol,
together with this warrant. And we the said justices do also
command you the said keeper of the said common gaol to re-
ceive into, and safely keep in your custody in the said common
gaol, the body of the said E. F. until he shall pay the said
sum of ^ of lawful English money, by us the said
justices adjudged against him upon an information exhibited
against him before us by G. H. gent, as well on behalf of
Excise Cm general.) 253
his said Majesty as himself, for a certain offence committed
by the said £. F. against the hiws and statutes of excise,
whereof lie stands convicted before us the said justioes. And
all constables and other peace officers of the said county are
hereby required to aid and assist you in the due execution
hereof, and for so doing this shall be your sufficient warrant
and authority.
Given under our hands and seals &c.
J. C,
S. P.
Information for obstructing an Excise Officer,
to wit. Be it remembered, That on the day of
\as in the preceding information], A. B. late of the
parish of in the said county, on the day of , in
the 57th year of the reign &c. and in the year of our Lord
181 7, with force and arms, at the parish of ^ aforesaid, in
and upon one C. D. the said C. D. then and there being one of
the officers of his said Majesty's revenue of excise, duly con-
stituted and appointed, and being then and there in the
due execution of his said office, unlawfully and violently did'
make an assault upon him the said C. D. in the due execution
of his said office, then and there with force and arms, unlaw-
fully, violently, and forcibly, did hinder, obstruct, resist, op-
pose, molest, and abuse, to the great damage of the said C. D.
in contempt of our said Lord the King and his laws, and
against the form of the statutes in that case made and provided,
where])y the said A. B. hath, for his said offence, forfeited and
lost the sum of ^^10. wherefore the said C. D, the now in-
formant, prays the consideration and judgment of us the said
justices in the premises, and that the said A. B. may be forth-
with apprehended and brought before us tiie said justices, to
answer and make defence to this information, and that such
proceedings may thereupon be had as by the statute in that
case made and provided are directed.
A. B,
Exhibited before us the day and
year aforesaid.
J. C.
i>. P.
254 Excise (in general.^
Information^ on 9 Geo. II. c. 35, /or carrying run or prohibited
Goods.
to wit. Be it remembered, That on the — — day of
t},e year of the reign of our Sovereign Lord
George the Third, of the United Kingdom of Great Britain and
Ireland, King, Defender of tlie Faith, and in the year of our
Loi-d 1817, at in the said county, A. B. of in the.
said county, who prosecutes as well for the poor of the said
parish of in the said county as for himself, in this behalf,
in his proper person cometh before me S. P. Esq. one of the
justices of our said Lord the King assigned to keep the peace
of our said Lord the King in and for the said county, and also
to hear and determine divers felonies, trespasses, and other
misdemeanors in the said county committed, and as well for
the poor in the said parish of in the said county as for
himself, giveth me the said justice to understand and be in-
formed, that after the 24th day of June, 1736, to wit, on the
day of , in the year of our Lord, 1817, at the parish
of in the said county, one E. F. being one of His Ma-
jesty's officers of the customs [or excise], did find and seize
upon and in the custody of one C. D. late of , in the said
county, divers, to wit [here set forth the goods found and the
value thereof], being goods, wares, and merchandize liable to
the payment of the duties of customs '[or excise?^, to and for
the use of His Majesty, which had been brought from parts
beyond the seas by way of merchandize, and had been un-
shipped and clandestinely run and imported into this kingdom,
to wit, to the parish of aforesaid, without payment of the
said duties for the same, and that the said C. D. was, at the
time of such finding and seizing of the said goods, wares, and
merchandize, at the parish aforesaid, employed in carrying the
same, he the said C. D. then and there well knowing the said
goods, wares, and merchandize to have been clandestinely run
and imported as aforesaid, without payment of the said duties
of customs [or excise], contrary to the form of the statute in
such case made and provided, whereby and by force of the said
statute the said C. D. hath forfeited the sum of ^^ , being
treble the value of the said goods, wares, and merchandize so
found and seized as aforesaid, one moiety thereof to the said
Excise Cin general.^ 255
A. B. the said informer, and the other moiety thereof to the
poor of the parish of , being the parish wherein the said
offence was committed ; and the said A. B. who prosecutes as
aforesaid, prays that the said C. D may be convicted of the
said offence, and that one moiety of the said forfeiture may
be adjudged to the said A. B. and the other moiety thereof
to the poor of the said parish of , according to the
form of the statute in such case made and provided, and that
the said C. D. may be summoned to answer the said complaint
and information, and to make defence thereto.
A. B.
Exhibited before me,
S. P.
Summons thereon.
To C. D. of —
to wit. Whereas information hath this day been
made by A. B. [state the substance of the information']. These
are therefore to require you the said C. D. to appear before me
at , the — — day of next ensuing, at the hour of
, to answer the matter of the complaint contained in the
said information, and to shew cause (if any you have) why you
should not be convicted of the said offence charged in the said
information.
Given under my hand and seal &c.
Conviction.
(Sec the general form of Conviction, under that title.)
Warrant of Distress.
To the Constable of .
to wit. Whereas by a certain conviction under my
hand and seal, bearing date the day of , in the year
of our Lord 1817, one CD. late of the parish of in the
said county, was and is duly convicted before me S. P. Esq. one
of the justices of our Lord the King, assigned to keep the peace
&c. upon the information of A. B. of in -the said county.
256 Excise Cin general.J
who prosecuted as well for &c. as himself, in this behalf, and
upon the o;uh of , a credible witness in that behalf, of a
certain offence committed by the said C. D. for that [here
describe the offence as in the information], and the said C. D.
was for his said offence adjudsjed by me to forfeit the sum of
j^' of lawful money of Great Britain, being treble the
value of the goods, wares, and merchandize so found and
seized as aforesaid, to be distributed, and to go and be applied
one moiety thereof to tiie said , and the other moiety
thereof to the said A. B. the informer, according to the
form of the statute in that case made and provided; these are
therefore to command you to levy the said sum of a6^ ,
beino- treble the value of the said goods, wares, and merchan-
dizes so found and seized as aforesaid, by distress and sale of
the goods and chattels of the said C. D. and I do hereby order
and direct the goods and chattels so to be distrained to be sold
and disposed of within days [not more than eight nor less
than four days, by stat. 27 Geo. III. c. 20], unless the said sum
of ji , for which such distress shall be made, together
with the reasonable costs and charges of taking and keeping
the said distress shall be sooner paid, and you are hereby com-
manded to certify to me the said justice, on the day of
next ensuing, what you shall do by virtue of this my
warrant.
Given under my hand and seal &c.
Constable's Return of no Distress.
1 do hereby certify to S. P. Esq. the justice within
named, that the within named C. D. hath not any goods or
chattels whereon I can levy the within mentioned sum of
^ , or any part thereof, as within I am commanded. —
Dated this day of , 181 7.
L. M. Constable of .
Constable's Return of Part Levied.
I do hereby certify to S P. Esq. the justice within
named, that by virtue of the within warrant 1 have levied, by
distress and sale of the goods and chattels of the within named
C. D. the sum of jt , in part of the within mentioned sunt
Excise (in general.^ 257
of £ ^ which said sum of £ I have ready before the
said justice, as within I am commanded; and 1 do further cer-
tify to the said justice, that the said C. D. hath not any other
goods or chattels whereon I can levy the residue of the said
sum of £ or any part thereof. Dated, &c.
L. M. Constable.
Commitment for want of Distress, or where Part only Levied,
To the Constable of , and to the Keeper of the House of
Correction at in the county of .
to wit. Whereas C. D. late of the parish of in
the said county, was duly convicted [recite the information and
conviction]. And whereas on the day of last past, I
did issue my warrant to the constable of , commanding
him to levy the said sum of si , by distress and sale of the
goods and chattels of him the said C. D. and that the said con-
. stable should certify to me the said justice, on the day of
now last past, what he should do by virtue of my said
warrant; and whereas it duly appears to me, by the return of
L. M. constable of aforesaid dated the day of ,
that the said C. D. hath not any goods or chattels whereon he
could levy the said sum of ^ or any part thereof, as by
the said warrant he vvas directed [or he hath levied, by distress
and sale oj the goods and chattels of the said C. D. the sum of
£ , in part of the said sum of ; audit further appears
to me by the return of the said constable, that the said CD. hath
not any otlier goods or chattels whereon he could levy the residue
of the said sum of :£ , or any part thereof, as by the said
warrant he was commanded]. These are therefore to com-
mand you, the said constable of , to apprehend the said
C. D. and him safely to convey to the house of correction at
, and there to deliver him to the keeper thereof, together
with this precept; and I do hereby command you, the said
keeper of the said house of correction, to receive the said C. D.
into the said house of correction, and there to whip him and
keep him to hard labour for the space of three months, and for
your so doing this shall be your sufficient warrant and authority.
Given under my hand and seal &c.
s
258 Excise (in general. J
fnfonnatiov, on 19 Geo. III. c, 69, agnUist an Importer of
Foreign Spirits, for not having those Words inscribed over
his Door £yc.
That the said A. B. after the day of
, in the year of our Lord — : — , to wit, on the day of
, 1817, he the said A. B. then being an importer for sale
or dealer in and seller of foreign brandy, wine, spirits and
other foreign strong waters, did make use of a certain shop,
warehouse, storehouse, cellar, vault, or other place [stating
which, according to the fact] for the keeping of foreign brandy,
and situate and being in the parish of in the county of
, without having the words " Importer of," or " Dealer in
Foreign Spirituous Liquors," printed or written in large legible
characters over the outer door, or in the front, or in some con-
spicuous part of the said house &c. so made use of by the said
A. B. as aforesaid, contrary to the form of the statute in such
case made and provided, whereby and by force of the said sta-
tute the said A. B. hath forfeited for his said offence the sum
t)i £S0.
Information for Selling Distilled Spirits, hij Retail, ivithout a
License.
to wit. Be it remembered. That &c. [vide first in-
formation], and giveth us the said justices to understand and be
informed, tiiat A. B. between the day of , 1817, and
the time of exhibiting this information, to wit, at the parish of
in the said county, did retail certain distilled spirituous
liquors, that is to say, brandy and rum, without first taking out
a license for that purpose, contrary to the form of the statute
in that case made and provided, and in force at the time of
passing a certain act of parliament, made in the 13th year of
the reign of our Sovereign Lord the King, intituled " An Act
for the more effectually retailing of Distilled Spirituous Li-
quors &c." whereby and by force of the said statute, the said
A. B. hath, for his said otfence, forfeited the sum of j^ — — ,
wherefore &c.
Eoccise (tn general.J 259
Summons for Witness to give Evidence.
ToJ. K.
to wit. On the part of the Informer herein after
named, you are hereby summoned and required personally to
be and appear before us W. S. and J. C. Esquires, two of His
Majesty's justices of the peace in and for the said county, on
the day of now instant, at o'clock in the
noon of the same day, at in the said county, then
and there to give evidence for the discovery of the truth of
a matter in controversy before us, between A. B. gentleman,
informer, and C. D. maltster, defendant, on an information
now depending before us, touching an oiFence against the laws
and statutes Tor laying duties on malt; and if you fail herein,
you will forfeit the penalty of ^10.
Given under our hands at aforesaid, this day of
, in the year of our Lord 1817.
W. S.
J. c.
Information against a Witness for not appearing to a Summons.
to wit. Be it remembered, &c. and giveth us the said
justices to understand and be informed, that at a time now
past, that is to say, on the day of this present month^ of
, he the said A. B. the now informer, did exhibit an in-
formation in writing before us the said justices, against one
C. J), a maltster and maker of malt for sale at aforesaid
in the said county, for an offence against the statute for im-
posing duties on malt, tliat is to say, fraudulently hiding, con-
cealing, and conveying away, contrary to the statute in such
case UKide, bushels of malt, by him made; and that upon
the said information so exhibited before us, for the oifence
aforesaid, we the said justices, according to the form of the
statute in such case made, did grant and issue out our sum-
mons in writing, bearing date the said day of , to
summon one J. K. a necessary and material witness, to give
evidence for the discovery of the truth of the matter in con-
troversy before us, in and upon the said recited information,
S 2
200 ^jpcise (in general.y
personally to be and appear before us, at the place and time
by us then appointed to hear and determine the matters con-
tained in t+ie said information, that is to say, at -■ in the
county aforesaid, on the day of this present month of
, at eleven of the clock in the forenoon of the said last-
mentioned day, then and there to give evidence for the disco-
very of the truth of the matter in controversy before us, and
contained in the said recited information, as in and by the
said proceedings remaining on record before us may appear :
and the said A. B. further informeth us the said justices, that
notwithstanding that afterwards, that is to say, on the
day of this present month of , at aforesaid, he the
said J. K. was duly served with the said summons, as in fact
he was, yet he did not appear before us the said justices at the
said time and place so as aforesaid appointed by our said sum-
mons, as by the statute iri such case made he ought to have
done ; but so to appear before us according to the said sum-
mons the said J. K. did then and there wholly omit and neg-
lect, contrary to the form of the statute in such case made and
provided, whereby and by force of the said statute he hath
forfeited for his said offence the sum of ^10. of lawful money
of Great Britain, and thereupon the said A. B. who as well
prays the judgment &c.
Surmnwns thereon.
To Mr. J. K.
to wit. We W. S. and J. C. Esquires, two of His
Majesty's justices of the peace in and for the county of
aforesaid, do hereby give you notice, that A. B. gentleman, hath
before us this day exhibited an information against you for
the penalty of ^'10. by you forfeited for neglecting to appear
and give evidence before us, according to a summons issued
out by us, and bearing date the day of in the year
of our Lord 1817, and with which you was duly served; you are
therefore hereby required personally to appear before us at
in the town of in the county of , on the
day of this instant month of , at eleven of the clocic
in the forenoon, to answer and make defence to the informa-
tion so exhibited against you; but if you neglect so to do, we
shall proceed as if you were personally present; and we do
Excise (in gejieral.J 261
furtlier authorize and require Mr. L. M. officer of excise, or any
other officer of excise, to serve this our summons, and to at-
tend us at the time and place before mentioned, then and
there to make a return thereof to us the said justices.
Given under our liands at in the said county, this
day of , in the year of our Lord 1817.
W.S.
J. c.
[ If the Information be for refusing to be sworn
and give evidence, then say], For the sum of c^lO. by you
forfeited for refusing to be sworn and give evidence before
us, on a certain information cxliibited before us by one A. B.
gentleman, against C. D. maltster, for a certain offence against
the laws of excise, you having been duly summoned so to do;
you are therefore &.c.
Appellant's Bond on appealing against Justices' Conviction.
Know all men by these presents. That we A. B. of &c.
gentleman, and C. D. of &c. yeoman, are jointly
and severally held and firmly bound to our Sovereign
Lord George III. &c. in the sum of s^ . [double
tlie forfeiture], of lawful money of the United King-
dom of Great Britain and Ireland, current in Eng-
land, to be paid to our said Lord the King, his heirs
and successors, for which payment to be well and
truly made we bind ourselves and each of us, our
and each of our heirs, executors, and administrators,
firmly by these presents. Sealed with our seals.
Dated this day of , in the year of our
Lord I8I7.
WHEREAS by a certain conviction [state the
conviction appealed against]', and whereas the above bounden
A. B. thinking himself aggrieved by the said judgment and
conviction, hath given liotice of his intention to appeal against
the same at the next general quarter sessions to be held in
and for tlie said county. Now the condition of the above
obligation is such, that if on hearing the said appeal the said
conviction shall be affirmed, and the justices of the said general-
quarter sessions shall adjudge the above bounden A. B. to pay
the said penalty and forfeiture of 6€ ■, or a less sum tha^i
JS 3
262 l^elomj.
, then If the above bounden A. B. and C. D. or either of
them, their, or either of their heirs, executors or administrators,
do and shall v.ell and truly pay or cause to be paid unto his
said Majesty, his heirs and successors, such sum of £ , or
such less sum than £ , as the said A. B. shall be adjudged
to pay on the hearing of the said appeal, then this obligation to
be void, otherwise to be and remain in full force and virtue.
A. B.
CD.
Sealed and delivered
in the presence of
FEES. See " JUSTICES of the PEACE.
FELONY.
Felony in its general sense comprises every spe-
cies of crime which incm-s a forfeiture of lands or
goods, and for which capital or other pimishment
may be inflicted, according to the degree of guilt.
4 Com. 44.
Felony by the common law is against the life of
a man, as mm'der, manslaughter, fclo de se^ se de-
fendendoj . Sfc. against his goods, as larceny and
robbery; against his habitation, as burglary and
arson; and against public justice, as prison breach.
3 List. 31.
In all felonies, whether new created or by com-
mon law, benefit of clergy is now allowed, unless
taken away by express words of a statute, 2 Hale,
P. C. 330. but though taken away from the prin-
cipal, it is not from the accessary, unless he is par-
Ftlony. 263
ticularly included in the words of the statute.
2 Haiu. P. C. c. :i3, s. 26.
Felons and felonies within clergy are, besides
those made so by particular statutes, bigamy, buy-
ers and receivers of stolen goods, cheats, coiners,
stealers of fish in ponds, Sfc. forgers of luitjiesses
names to transfer of stock, &fc. senders of threaten-
ing letters to accuse persons of crimes, perjuries, 8fc.
Felons and felonies excluded the benefit of
clergy are, arson, and crimes under the Black Act,
^ Geo. I. \c. 22, and 31 Geo. II. c.A2, s. 2, sodomy^
burglary , forgery , larcenies, by statutes 8 Ji^liz. c. 4.
— 2 and.3:^^/. /^/. c. 33. — 10 and 11 Ifm. IIL
c. 23.— 12 yJnn, stat. 1, c. 7. — 22 Car. II. c. 5. —
15 Geo. II. C.27. — IS Geo. e. 27. — 24 Geo. II.
c: 4D.—7 Geo. III. c. 50. — 42 Geo. III. c, 81. —
mayhem, vmrder, mutiny, piracy, rape, highway
robbe3-y,. sacrilege, sheep stealing, and maliciously
slwoting at another. See Lord Ellenborovglis Act,
43 Geo. III. C. 58, shoplifting, Sfc.
A felon shall pay the charges of being conveyed
to gaol, if able, to be levied by distress, or by war-
rant of one justice, 3 */ac. c. 10. and 2/ Geo. II.
c. 3. if not able, to be paid out of the county rate;
but if in Middlesex, by the overseers of the poor
where the party is apprehended.— The court before
whom any person shall have been tried and cofi-
victed of felony, may order the reasonable expenses;
of the prosecution to he paid. 25 Geo. II. c. 36*.
>S 4
264 Felony.
Misprision of felony is the concealing a felony
Avhich a man knows, but does not consent to,
3 Inst. S6. and the punishment for such a crime
is fine and imprisonment; but if in a peace officer,
imprisonment for a year, and ransom at the King's
pleasure. 8tat. Ed. I. c. 9.
Persons apprehending and prosecuting to convic-
tion highway robbers, shall receive a reward of
^40. within one month after such conviction; and
if any person should be killed in endeavouring to
apprehend such robber, the reward shall be paid to
his executors or administrators. 4 and 5 TFin. and
Mary, c. 8. and as a further reward, such persons
shall have the horse, furniture, arms, and money of
the robber, except the same have been feloniously
stolen, s. 6. persons apprehending and convict-
ing burglars and house-breakers, by b Ann, c.3\,
shall receive without deduction, (6 Geo. I. c. 23,
s. 10), above the reward given by 10 and 11 ]^f^m,
III. c. 23, .^40. concerning which the same rules
are prescribed as are provided by 4 and 5 If^m. and
Mary, c. 8. Any person prosecuting to convic-
tion for privately stealing in shops, &c. to the
value of 5s. shall have a certificate from th^
judge or justices, &c. certifying in what parish or
place the felony was committed, and that the felon
was discovered and taken, or discovered or taken
by such person^ which certificate may be once as-
signed and no more ; and the original proprietor
Felony. 265
or assignee shall be discliarg-ed from all parish and
ward offices within the parish or ward wherein
such felony was committed, s. 2.
Private persons may arrest felons of their own
authority, or by a warrant from a justice, and every
person is bound to assist an officer in taking a felon.
2 //. P. C. — To authorize the apprehension of a
person on suspicion of felony, there should be a
reasonable cause shewn. 2 Hales Hist. P. C. 78.
A private person cannot justify breaking a door to
arrest a suspected felon, unless it afterwards ap-
pears he was a felon. 2 Hale, 82.
A married woman committing a felony in com-
pany with her husband, shall be excused, upon the
presumption of coercip^n. 3 Inst. 310.
Ivformaiion for Felony.
to wit. The information and complaint of A. B. of
&c. in the county of , made on oath before me, one of
His Majesty's justices of the peace for the said county, the
day of , tliat yesterday in the night or early in the
morning of this day, divers goods of him the said A. B. to wit,
[describe the goods takof], have feloniously been stolen and
carried away hom the dwelling-house of him the said A. B. at
-1 aforesaid in the county aforesaid, and that lie hath just
cause to suspect aqd dotii suspect that C. D. late of &c. felo-
niously did steal, take and carry the same away. And there-
uppn the said A. B. prayet|i that justice may be done.
A. B.
Exhibited before mo,
S. P.
26G lelonr/.
Warrant for Felonij.
To the Constable of —
'■. to wit. Forasmuch as A.B. of — — in the county of
' , yeoman, hath this day made information and complaint
upon oath before me S. P. Esq. one of His Majesty's justices
of the peace for the said county, that this present day, divers
goods of him the said A. B. to wit [here describe the goods],
have feloniously been stolen, taken, and carried away from the
dwelling-house of him the said A. B. at aforesaid in the
county aforesaid, and that he hath just cause to suspect and
doth suspect that C. D. late of — ■- — , yeoman, feloniously did
steal, take, an^ carry away the same ; These are therefore^ in
His Majesty's name, to command you forthwith to apprehend
him the said C. D. and to bring him before me, to ansvyer unta
the said information and complaint, and to be further dealt
withal according to law. Herein fail you not. . - -1
Given under my hand and seal, the day of , in
the year of our Lord 1817.
S. P.
Warrant for a Witness to be examined on Felomj,
To the Constable of .
— to wit. Whereas oath hath been made before me
W. S. Esq. one of His Majesty's justices of the peace in and for'
the said county, by A. B. of &c. that he was lately robbed alr
&c. of divers goods, viz. , and that he hath good
cause to believe that E. F. of &c. is a material witness to
prove by whom the said robbery was committed. These are
therefore to require you to cause the said E. F. forthwith to
come before me, to give such information and evidence as he
knoweth concerning the said offence, that such further pro-
ceedings may be had therein as to the law doth appertain.
Given under my hand and seal, at in the said county,
the day of , in the year of our Lord 181 7.
Fire Arms. 26*7
FIRE ARMS.
By 55 Geo. III. €. 59, amending- an act passed
53 Geo. in. c. 95^ for insuring- the proper and care-
ful manufacturing- of fire arms in Eng-land, and for
making provisions for proving the barrels of such
fire arms, it is enacted, that persons using- in any of
the progressive stages of the manufacturing- of fire
arms any barrels not duly proved at the proof-
house of the Gunmaker's Company, or " at the
proof-house established under the provisions of
53 Geo. III. c. \\b. to forfeit not exceeding ^20.
*. 1.
Barrels to be sent direct from the manufacturers
to the proof-house; and if any barrel sent for sale
without being first sent to be proved, the offender
to forfeit not exceeding ^20. for each barrel, s. 2.
Any person receiving barrels for the purpose of
making guns, &c. without the same having
passed the proof-house, shall forfeit any sum not
ejcceeding ^20. s. 3.
Persons having charge of the Gunmaker's Com-
pany's proof-house, to receive, prove, and duly
mark all barrels of guns, &c. under a penalty of
10s. for ea(?.h barrel not so proved and marked, or
for delivering or permitting them to be delivered
without being so proved and marked. .9. 4.
Any person forging such proof marks, to forfeit
not exceeding ^20. s. 0'. and the like penalty for
268 Fire Arms,
for putting proof marks on barrels not proved.
All offences under this act may be heard and de-
termined before two justices of the peace for the
county, &c. where offence committed, on the oath
of one or more witnesses, one half the penalty to
go to the informer, and the other half to the poor
of the parish where offence committed; such
justices may award costs to be paid by any party,
and levy such penalty and costs by warrant of dis-
tress, unless the offender give notice of appeal, and
enter into recognizance with two sureties in double
the amount of the penalty, to prosecute such appeal
at the next general or quarter sessions of the peace;
and if no sufficient distress, such justices may com-
mit the offender to the common gaol or house of
correction for any time not exceeding six calendar
months, s. 8. Prosecution to be commenced within
six months after offence committed.
Conviction of an Offender, under 55 Geo. III. c. 59.
to wit. Be it remembered. That on the day of
. , in the year of our Lord 1817, A. B. is convicted before
us W. S. and J. C. Esquires, two of His Majesty's justices of
the peace for the county of , for that the said A. B. did
[describe the offence^, contrary to the statute made in the 53rd
year of the reign of King George the Third, intituled "An Act
to insure the proper and careful Manufacturing of Fire Arms
in England, and for making provision for proving the Barrels
of such Fire Arms," and contrary to the provisions of an act
passed in the 55th year of the same reign, intituled " An Act
for amending an Act of His present Majesty, to insure the
proper and careful Manufacturing of Fire Arms in England, and
Fire-WorTcs. 269
for making provision for proving the Barrels of such Fire
Arms." And we the said ^justices do hereby adjudge and de-
termine the said A. B. for his said offence, to forfeit and pay
the sum of £ of lawful money of Great Britain, and do
order one moiety thereof to be forthwith paid by him tlie said
A. B. to C. D. the informer, and the other moiety thereof to
the overseers of the poor of the parish of — — . [where ilie of-
fence icas committed ]. And we the said justices do also award
and direct the said A. B. forthwith to pay to C. D. the sura of
for costs.
Given under our hands the day and year above written.
FIRE-WORKS.
Making and selling- fire-works incurs a penalty of
^5. on conviction before one justice, by confession,
or oath of two witnesses, to be levied by distress,
one half to the poor, and half to the informer.
9 and lO If^m. c. 7, ^.1. any person suffering-
the same to be fired, or cast from his house, incurs
a penalty of 20s. or into any public street, house,
shop, river, or highway, the like penalty; and if
not paid, commitment to the house of correction
for not exceeding one month, unless sooner paid.
s. 3. No appeal is given by this act to the sessions.
Information for Selling Fire-fVorks.
to wit. Be it remembered, That on the day of
1817, at in the said county, A. B. of &c. gentleman,
-> — t » — - J J --• -" -- -- — o — ■ — ■ — »
cometh before me S. P. Esq. one of His Majesty's justices
&c. and giveth me the said justice to understand and be in-
formed, that C. D. of the town of in the parish of
in the said county, shopkeeper, at his shop in the said town,
on the day of last, unlawfully and against the form
of the statute in that case made and provided, did utter and
2/0 Fish and Fisheries.
sell to one E. F. certain squibs, crackers, rockets, and otheir
fire -works, whereby the said C. D. by virtue of the said sta-
tute, hath for his said offence forfeited the sum of £b. there-
fore the said A. B. prayeth the judgment of me the said justice
in the premises, and that he may have one half of the said
forfeiture.
Exhibited &c.
TJie like for throwing Fire-worlcs.
Tliat CD. late of in the said county,
[lahourer'], on the day of , at the town of in
the said county, in the public street and highway there, did
unlawfully throw, cast, and fire certain fire-works, to wit,
squibs, &c. against the form of the statute in that case made
and provided, whereby and by force of tlie statute, the said
C. D. hath for his said offence forfeited the sum of 20s.
Wherefore he prayeth &c. [as before].
FISH AND FISHERIES*
Fishermen are not to use any net or engine to
destroy the fry of fish ; and persons using nets for
that purpose, or taking sabnon or trout, out of sea-
son, to forfeit 20s. to be recovered before justices
of the peace. 1 JE/k. c. 17, and 3 Car. I. c. 4. —
No person to take fish in any river without owner's
consent, under the penalty of los. to the use of the
poor, and treble damages to the party aggrieved, to
be recovered by distress, before one justice, on
the oath of one witness; for want of distress, to
be committed to the house of correction for not
exceeding one month, or surety of ^10. not to
offend again; prosecution to be commenced within
one month. 22 and 23 Car. J I. c. 25, and 4 JFm,
Fish and Fisheries. 2'jl
and Mary, c. 23. and nets, &c. of poachers may-
be seiized by owners of rivers, by justice's war-
rant.— By 5 Geo. III. c. 14, persons stealing- or
destroying fish in fish-ponds, or receiving stolen
fish, are to be transported for seven years. Per-
sons taking or destroying, or attempting so to do,
any fish in any river, or other v/ater, within
any enclosed ground being private property, for-
feits ^5. to the owner of the fishery: the pe-
nalty recoverable before one justice, on the oath
of one witness. On a conviction under this act it
must appear that the fishing was against the con-
sent of the owner ; the owner being the informer
would however sufficiently shew his dissent. Burr,
Hep. 2279.
The spawn of fish, or such fish as are not of a
certain size, are not to be destroyed, brought
on shore, or exposed to sale: persons offending,
may be apprehended by any person, and delivered
to a peace officer, to be conveyed to a justice, who
may fine the party 20s. besides the forfeiture of the
goods, to be recovered by distress, or commitment
for not exceeding three months or until the penalty
is paid, half to the prosecutor and half to the poor.
The justice has power to mitigate not less than
half; appeal allowed to the sessions. 32 Geo. III.
c. 27, ^. 13 to 19.
For the penalties for importing fish of foreign
catching, see 1 Geo. I. c. 18. — 9 Geo. II. c. o3, and
2QGeo. III. r. 81.
272 Fish and Fisheries.
Trespassing in any oyster fishery, by catching or
trying to catch oysters, is a misdemeanor, and one
justice may, within tiiirty days, commit the ofr !,
fender, or bind him by two sureties in a penalty of '
^20. each, to appear at the sessions. 31 Geo. Ill,
c. 51, s. 1. offender refusing to tell his name to
the owner, he may take him before a justice, who
shall proceed as if lie had been brought by warrant.
s. 4. but the offender shall not be committed un-
less owner, &c. enter into sufficient recognizance to
prosecute, s. 5.
There are three sorts of fisheries, viz. free fish-
ery, several fishery, and common of piscary. — A
free fishery is an exclusive right of fishing in a pub-
lic river, and is a royal franchise; it differs from
several fishery^ because he that has the latter must
be (or derive his right from) the owner of the soil.
In common of piscary^ the person has not the ex-
clusive right; in a free fishery a man has a pro-
perty in the fish before caught, in common of
piscary not till afterwards. 1 Inst. 122.
Information for Stealing FisJi from a Pond, in a Garden
adjoining a DweUing-Jiouse.
to wit. Be it remembered, That on the day of
— — , 18 17, at in the county aforesaid, A. B. of &c.
gentleman, cometh before me S. P. Esq. one of His Majesty's
justices &c. and on his oath glveth rne the said justice to
understand and be informed, that one C. D. of &c. [labourer],
on the day of last, feloniously did steal, take, and
carry away three carp and four tench, of the value of ,
from and out of a certain pond in the garden of the said A. B.
Fish and Fisheries. 2/3
ndjoining to and belonging to the dwelling-house of the said
A, B. situate in the parish of in the said county of ,
contrary to the form of the statute in that case made and
provided, whereby the said C. D. hath for the said offence
forfeited the sum of ^"5. wherefore the said A. B. prayeth the
judgment &c.
S. P.
Commitment thereon.
To the Constable of , and to the Keeper of the Common
Gaol at in the said county.
to wit. Whereas C D. was this day brought before
me S. P. Esq. one of His Majesty's justices of the peace in
and for the said county, and charged, on the oath of A. B. and
others, for that he the said C. D. on the day of last,
feloniously did steal, take, and carry away certain fish be-
longing to the said A. B. that is to say, three carp and four
tench, of the value of , from and out of a pond in the
garden of the said A. B. adjoining, and belonging to the dwell-
ing-house of the said A. B. situate at — — ' in the parish of
in the said county of . These are therefore &c.
Information on Oath before one Justice, for Fishing in a River
without consent of the Owner of tJie Fishery,
under 5 Geo. III. c. 14.
to wit. Be it remembered, That on the day of
, in the year of our Lord 1817, at in the county of
, A. B. of , [laboiirer,] on behalf of C. D. the owner
of the fishery of a part of the river of , which runneth in
the lands of , in the township of in the county of
, before me S. P. Esq. one of the justices of our said
Lord the King, assigned to keep the peace of our said Lord the
King in and for the said county, and also to hear and determine
divers trespasses, felonies, and other misdemeanors in the said
county committed, and upon oath to him by me now here ad-
ministered upon the Holy Gospels of God, giveth me the said
justice to understand and be informed, that on the .
T
274 Fish and FisJiei'les.
^ay of Instant, at tlie township of aforesaid, in the
county aforesaid, E. F. of —■ ^, did attempt to taiie, kill, and
destroy the fish in that part of the said river which
lunneth in the lands of the said C. D. in the township of
sfwesaid, in the county aforesaid, without his authority, and
without and against his consent, contrary to the form of the
statute in that case made and provided, he the said C. D. being
then and there owner of the said part of the said river and of
the fishery of the same, and he the said E. F. not then and
there having any just right, or any just, reasonable, or probable
claim or cause to take, kill, carry away, or destroy any of the
fish in that part of the said river, or to attempt to take, kill, or
destroy any fish in th^t part of the said river, and the said part
of the said river wherein the said fish were so attempted to be
taken, killed, and destroyed by the said E. F. as afbresaiciety called , now held at the sign of the , in
ill the county qf .
Whereas it is deemed expedient that cenain
alteratiotis should be made to the Rules and Orders of the
8ho\'e society, (which were allowed and confirmed at the
ireneral quaner session of the peace, held in and for tlie
county oi . on the day of , ii^l";) and a
general meeting of the members convened by the secretan-, in
pursuance of a requisition for that purpose from several mem-
bers of the said society, having been held at the sign of >
at aforesaid, on the day of , ISlT? for
the piirp^ise of taking the sanie into consicerai'on; — ^The fol-
lowing alterations and additions to the said Rules and Orders
were unanimously agreed to by the members then and there
present, the said alterations and additions having also been
uuanmlOu^ly agreed to at two usual meetings of the said
society, on the day of , and the day of ,
held next before such general meetings and are as follosvs : —
[copy the alterafio}.s. ]
Iffyrmation aj»d Coinpiaittt Uf a ^/ewfter of a Friendly Society.
to wit. Be it remembered. That on the dav a(
, ISI7, at in the said county, A. B. of the parish of
[tHiter,] personally cometh before us J. C. and S. P.
Esquires, two of His Maiesty's justices &c. and upon bis oath
complaineth unto us that he the said A. B. is a Baeraber of t
certain frieodiy society, called j established at the said
Friendly Societies. 283
parish of , in the said county, under and by virtue of the
statutes in that case made and provided, and that hy the rules
of the said society every member thereof when sick or infirm is
entitled to be paid the sum of weekly and every week
during such sickness and infirmity, out of the funds of the
said society, by the stewards thereof. That this informant
hath for the space of one month last past been very sick
and infirm and unable to work, and that he hath repeatedly
applied to C. D. steward of the said society for payment of
the said weekly sum, payable to him during his said sickness
and infirmity, but hath been refused tlie same ; wherefore the
6aid A. B. prays judgment of us the said justices in the pre-
mises, and that the stewards of the s-iid society may be stun-
moned to answer the premises, according to the directions of
the statute in such ca^e made and provided.
A. B.
Exhibited before us, the
day and year aforesaid,
J. C.
S. P.
Summons thereon.
To Mr. K. L. Steward of the I-'riendly Society, called ,
at in the county of .
to wit. Whereas A. B. of &c, [baker,'] a member of
your society, hath this day made complaint upon oath before
us, two of His Majesty's justices &c. that for this month last
past he hath been verj' sick and infirm, and that during such
sickness and infirmity he is entitled to be paid bv you, out of
the funds of the said society, as a member thereof, the sum of
— .— weekly, which sum, on request, you iiave refused to pay
him; These are therefore, in His Majesty's name, to summon
you to appear before us, at this place, on the day of
instant, at eleven o'clock in the forenoon, to answer the
said complaint; and you are hereby also required to produce
before us, tlie rules, orders, and regulations of the said society,
now in force.
Given tmder our liands at in the said county, the — —
day of , 1*17,
J. C.
S. P.
284 Friendly Societies.
Information in tJie Case of a Member unjustly expelled.
to wit. Be it remembered [as in preceding ^ informa-
imi]. That he the said A. B. is a member of the friendly so-
ciety called , held in the parish of in the county
aforesaid, the rules whereof are duly enrolled and confirmed
agreeable to the statutes in that case made and provided, and
that he, the said complainant, was at a meeting of the said
society, held on the day of last, at the sign of ,
in the said parish of , in the county aforesaid, without
any sufficient cause, unjustly, illegally, and contrary to the
purport, true intent, and meaning of the rules of the said
society, by the members thereof, then and there present,
excluded from the said society, and all benefit and advantage
which he hath a right to have or claim therefrom ; and here-
upon the said A. B. prayeth judgment of us in the . premises,
and that K. L. and M. N. the stewards of the said society may
be summoned to answer the said complaint.
Sworn before us,
W.S.
s. p.
The summons to the stewards may be in the same form as the
one preceding, varying the offence.
Justices adjudication of Re-admission.
To K. L. and M. N. Stewards of the Friendly Society called
, held at the sign of the , in the parish of in
the county of .
to wit. Whereas A. B. of the parish of , [baker,]
in his proper person, on the day of now last
past, in the 57th year of the reign of our Sovereign Lord
George the Third, by the Grace of God of the United
Kingdom of Great Britain and Ireland King, Defender of
the Faith, at in the county aforesaid, made ah
information and complaint upon oath, before us, W, S. and
JFriendlj/ Societies. 285
S. P. Esquires, two of the justices of our said Lord the Kinji:,
assigned to keep the peace of our said Lord the King within
the said county of , and also to hear and determine divers
felonies, trespasses, and other misdemeanors within the said
county committed, whose names are hereunto set, and seals
affixed, and residing near the parish of aforesaid, where
the said society \tos established, and which oath we the said
justices did then and there administer to him the said A, B.
by which said information and complaint on oath aforesaid,
the said A.B. deposed and sajd, that he the said A. B. then
Was a member of a certain friendly society called , held
at the sign of , in the parish of aforesaid in the
county aforesaid, the rules, orders, and regulations of which
said society had been exhibited in writing to tiie justices of
our said Lord the King, assigned to keep the peace of our said
Lord the King within the said county of , at the general
quarter sessions of the peace holdcn in and for the said county,
and by the said justices at their said sessions, after due exa-
mination, allowed and confirmed, and afterwards signed by the
clerk of the peace at the said sessions, pursuant to the statute
in that case made and provided ; and that he the said A. B.
had been a member of the said society for the space of
years and upwards, and that he had for years then passed,
or thereabouts, been lame, and thereby rendered incapable of
working at his calling ; that he then did continue so, and that
he had, during the time he was so lame, received the allow^-
ance from the said society until the month of then and
now last, on the club night of which month the members of
the said society refused to pay him any further allowance, de-
clined accepting Ids contribution money, and unjustly ex-
cluded him from the said society ; and thereupon he prayed
that justice might be done to him in the premises. And
whereas on the day of , in the year aforesaid,
at in the county aforesaid, K. L. and M. N. two of the
stewards of the said society, pursuant to our summons issued
for that purpose, and also O. P. a member of the said society,
appeared before us the said W. S. and S. P. and also J. C.
one other cf the justices of our said Lord the King, assigned to
keep tlie peace of our said Lord the King within the said
^•o'unty of , and also to hear and determine divers felonies,
■^passes, and other misdemeanors within the said county
rnmitted, and also residing near the parish of aforesaid.
286 Game.
where the said society was established, and the said A. B.
being also then and there present, we the justices aforesaid
did then and there proceed to hear and determine, and did
hear and determine the matter of the said complaint, accord-
ing to the true purport and meaning of the rules, orders, and
regulations of such society, confirmed by the justices, ac-
cording to the direction of the said statute; and thereupon we
do order and adjudge, by virtue of the said statute, that the
said A. B. be re-admitted into the said society, and into all
the benefits and advantages arising therefrom ; and we do
order and require you the stewards and members of the said
society to re-admit the said A. B. into the said society, and
unto all the benefits arising therefrom accordingly.
Given under our hands and seals, at aforesaid, in the
county aforesaid, the day of , in the said 57th year
of the reign of our Sovereign Lord George the Third, by the
Grace of God of the United Kingdom of Great Britain and
Ireland, King, Defender of the Faith, and in the year of our
Lord 1817.
W. S.
s. p.
FRUIT AND FRUIT TREES. See « WOOD."
GAME.
Persons qualified to kill game by 22 and
23 Car. II. c. 25, are as follows.
1. Every person having lands or tenements, or
dther estates of inheritance, of the clear yearly va-
lue of ^100.
2. Or for life or a lease or leases for 99 years,
or longer term, of the clear yearly value of ^150.
3. The sons and heirs apparent of esquires, or
other persons of higher degree.
4. The owner or keeper of any forest, park,
close, or warren.
Game. 28/
6. The lord of a manor or royalty.
6*. The game-keeper of a lord or lady of the ma-
nor.
On a question as to a qualification for killing-
game, the justices may ground their opinion of his
not being qualified, on the proof that the defendant
had sworn under the income act to an estate under
^100. a year. 8 7\ R. 220. An estate where
rents ai*e reduced below ^loo. a year, by paying
interest of a mortgage, gives no qualification.
8 T.R. 221.
By 5 Ann, c. 14, s, 4, (made pei7>etual by
^Ann, c. 25,) it is enacted, that if any person not so
qualified shall keep or use any grey liomids, set-
ting dogs, lurchers, — tunnels, or any other en-
gines to kill and destroy game, and shall be thereof
convicted on the oath of one witness by a justice of
the peace where offence committed, he shall forfeit
^'5. one half to the informer, and the other half
to the poor of the parish, to be levied by distress,
by warrant of the said justice; for want of
distress the offender to be sent to the house of cor-
rection for three months for the first offence, and
four months for the second offence: any jus-
tice of the peace, or lord or lady of manors, within
their manors, are allowed to takeaway any hare or
other game from any higgler, chapman, innkeeper,
victualler, or carrier, and any person not qualified,
and also any dogs, nets, or engines, which shall be
iu the custody of any person not qualified to keep
288 Game,
the same. The informer cannot be the witness.
2 Ld. llaxj. 1545.
It has been held that an unqualified and unli-
censed person may join in the sport with a person
lawfully entitled to kill game, if he is not himself
a principal, or using his own dogs. 4 Esp. Rep. 1\b.
an unqualified man may go out with hounds
belonging to a qualified person. 15 East's Rep. 46o.
and may course a hare with a qualified owner of
dogs. l6 East's Rep. 49. Only one penalty can be
recovered, though several persons offend by going
to kill a hare. 2 T. R.7\3.
A conviction under 5 Aim, c. 14, for keeping a
dog and gun to kill game without being qualified,
must be made within three months after offence
committed. 3 E. R. 467. ' No certiorari allowed to
remove proceedings, unless the convicted party be-
come bound to the prosecutor in ^50. and such
sureties as the convicting justice shall think fit. To
pay costs in fourteen days after conviction con-
firmed, or procedendo granted.
Goods distrained for penalties under the game
laws cannot be replevied. 1 Sir. Rep. 567.
By 22 and 23 Car. II. c. 25, ^.2. game-keepers
(or any other person by warrant of a justice) are
authorized to search in the day time houses or
other places of persons prohibited by this act to
keep or use dogs^ nets, or other engines, and seize
and keep the same for the use of the lord of the
Vianor, or cut and destroy the said nets, &c.
Game, 289
By 4 and 5 W. and M. c. 23, every constable,
headborough, and tithing-man, being aiitliorized by
one justice of the peace, may enter and search the
houses of persons not qualified, and in case any
hare, partridge, pheasant, pigeon, fish, fowl, or
other game, shall be found, the offender to be taken
to a justice; and if such person do not give a good
account how he came by such game, or shall not in
a convenient time to be named by such justice, pro-
duce the party of whom he bought the same, or
produce some credible person to make oath as to
the sale thereof, he shall be convicted, and shall
forfeit for every hare, partiidge, pheasant, pigeon,
fish, fowl, or other game, any sum not under 5s.
nor more than 20s. one moiety to the informer, and
the other to the poor of the parish where the of-
fence is committed, to be levied by distress, by
warrant of a justice ; for w^ant of distress, the
offender to be committed to the house of correction
for a time not exceeding one month, nor less than
ten days, there to be whipped and kept to hard
labour ; and if any person so produced or charged
with the offence shall not give sufficient evidence
of his innocence, he shall be convicted in the same
manner as the person first charged.
Carriers, innkeepers, or others having any hare,
partridge &c. in their possession, to forfeit ^5. for
each; to be recovered before one justice on view, or
oath of one witness, lialf the penalty to the poor,
and half to the informer; if the penalty be not
U
290 Game.
paid, a warrant of distress may issue, and in de-
fault of distress, commitment to the house of cor-
rection for three months for first offence, and for
every other offence four months. 5 A/m, c. 14,
s. 2.
If any hare, pheasant, partridg-e, moor, heath-
game or grouse shall be found in the shop, house,
or possession of any person whatsoever not quali-
fied, the same shall be adjudged to be an exposing
to sale within the meaning of the act. 5 y^mi, c. 14,
and 9 Ann, c. 25, s. 2.
By 28 Geo. II. c. 12, if any person, whether qua-
lified or not, shall sell, expose or offer to sale any
hare, pheasant, partridge, moor, heath-game or
grouse, he shall be subject to the same penalties as
are inflicted by 5 A?m, c. 14, on higglers, chapmen,
&c. for buying, selling or offering game for sale.
*. 1.
If any hare, &c. shall be found in the shop,
house, or possession of any poulterer, salesman,
fishmonger, cook or pastry-cook, it shall be deemed
an exposing to sale, within 5 Ann, c. 14, s. 2.
For better discovering such higgler, &c. it is en-
acted that any person that shall destroy, sell or
buy any hare, &c. and shall in three months make
discovery of any higgler, &c. that hath bought, sold
or offered to sale, or had in their possession any
hare, &c. so that he or they shall be convicted, such
discoverer shall be discharged from the penalties
inflicted for killing or selling game, and shall be
Gcme, 291
entitled to receive the reward as an informer.
28 Geo. I J. c. 12, 6-. 3.
The penalties inflicted by the foregoing" acts re-
late to such persons only as are not qualified under
22 and 23 Car. II, Those which are noticed here-
after relate (unless otherwise stated) as well to per-
sons who are^ as those who are not qualified.
The acts 25 Geo. III. c. 50, and 48 Geo. HI.
c. 55, imposing penalties for not taking out game
certificates, are materially altered and modified by
52 Geo. III. c. 93, by which it is enacted, that
every person who shall use any dog, gun, net or
other engine for the purpose of taking or killing
any game, woodcock, snipe, quail or landrail, or
any conies, shall pay annually ^3 13 6. and take
out a certificate which shall continue in force until
the 5th day of April next after the issuing thereof,
and no longer. Rule 1, sch. L. such certificate not
to authorize unqualified persons to kill game.
If any person shall be found using any dog, gun,
&.C. by any assessor or collector of the parish
where any such person shall then be, such assessor,
&c. or other persons assessed, or the owner, land-
lord, lessee or occupier of land as aforesaid, may
demand from the person so using such dog, &c. the
production of a certificate, which certificate every
such person is required to produce to the person
demanding it, and permit him to read the same,
and take a copy thereof ; or in case no certificate
shall be produced, then such person demanding
U 2
292 Ga7ne.
the same may require the person so using such
dog-, &c. to declare to him his christian and sur-
name and place of abode, and the parish or place
in which he is assessed ; such person refusing to do
so, or giving a false name and residence, to forfeit
^20. 6-. 11.
Any person after the 5th of April, 1813, using
any dog, gun, &c. without having such certificate,
to forfeit ^'20. over and above the duty.
Two commissioners or one justice on information
of any offence committed in the district where they
act, may (within three months after offence com-
mitted) summon the accused party and witnesses
to appear before them, and proceed to determine
the matter in a summary way, and give judgment
for the penalty, or mitigate the same (not more
than a moiety), and in default of payment may levy
the same with costs by warrant on the goods of the
offender, and sell such goods, unless redeemed
within four days ; if no goods, the offender may
be committed to the house of correction for any
time not exceeding six calendar months, unless pe-
nalty sooner paid. s. 13.
Appeal allowed to the quarter sessions, on the
party aggrieved giving security in double the
amount of the penalty.
Witnesses siunmoned to give evidence and not
appearing, to forfeit ^^'lO. s. 14. *
By 54 Geo. III. c. 141, such of the duties in
52 Geo. III. c. 93, as relate to persons assisting or
Game. 293
intending- to aid and assist in takinq- or killing any
game, woodcock, snipe, quail, landrail, or coney,
shall from and after July 27, 1814, cease and de-
termine, provided the assistance is given to one
who has obtained a certificate, and who shall by
virtue thereof use his own dog, &c. and who shall
not act by virtue of any deputation or appoint-
ment.
By 9 A?in^ c. 25, s. 4, driving or taking away
any wild duck, teal, widgeon, or other water fowl in
any fens, &c. in the moulting season, viz. (by
10 Geo. IT. c. 32) between the first of June and the
1st of October, incurs a penalty of 5s. on convic-
tion before a justice.
And by 2 Geo. III. c. 19, ^.1, and 39 Geo. III.
c. 34, no person shall take, kill, destroy, carry,
sell, buy, or have in his possession between the 1st
day of February and the 1st day of September any
partridge, or any pheasant between the first day of
February and the 1st day of October, under a pe-
nalty of ^3. for every partridge or pheasant so
taken, to be paid to the informer, with costs.
Killing, buying, selling, or having in possession
heath-fowl, called black game, between the 10th of
December and the 20th of August, or grouse, called
redgame,between the loth of December and the 1 2th
of August, or bustards between the 1st of March and
the 1st of September, incurs a penalty for the first of-
fence of not more than ^20. nor less than ^10.
and for every other offence not less than ^^20. nor
U 3
294 Game.
more than ^30. 13 Geo. III. c. 55. half the pe-
nalty to the informer, and half to the poor, to
be recovered by distress, before one justice, on
the oath of one witness ; for want of distress
commitment from three to six calendar months.
Appeal allowed to the sessions. For the further
preservation of black game and grouse, it is enacted
by 4 and 5 IK a?id M. c. 23, s. 11, that no person
shall between the 2nd of February and Q4th of
June burn any grig, link, heath, furze, gorse or
fern on any mountain, moor, chase, forest, or other
waste, on pain of the offender being committed to
the house of correction for not exceeding one
month, nor less than ten days, there to be whipped
and kept to hard labour.
Killing' game in the night, viz. between seven at
night and six in the morning, from the 12th oi
October to the 12th of February, and between nine
at night and six in the morning, from the 12tb of
February to the 12tii of October, or at any time on
a Sunday or Christmas-day, the penalty for the
first offence from ^10. to ^20. and from ^20.
to ^30. for second offence. 13 Geo. III. c. 80.
for third offence, commitment till the next sessions,
unless he enters into sureties to appear. Idid. s. 1.
half the penalty to the informer, and half to the
poor, to be recovered by distress, and in default
commitment for three calendar months ; but ap-
peal to the quarter sessions allowed, s. 4.
Any person taking*, killing or destroying any
Game. 295
Ijare, pheasant^ partridge, heath-game or moor-
game on Sunday or Christmas-day, or shall use
any dog, &c. for that purpose, shall be subject to
the same penalties as persons convicted of destroy-
ing game in the night, s. 6.
By 30 and 40 Geo. III. c. 50, if more than two
persons go with guns, nets, &c. to destroy game
betM'een eight at night and six in the morning from
the 1st of October to the 1st of February, or
between ten at night and four in the morning
from the 1st of February to the 1st of October,
or any persons found with fire-arms, or other
weapons, may be apprehended by owners, keepers,
&c. who shall deliver them to peace officers to be
taken before a justice, or he may issue his warrant,
and if convicted to be deemed a rogue and vaga-
bond, and punished accordingly.
Game-keepers must take out an annual certificate
with the clerk to the commissioners.
By 14 and 15 Hen. VIII. c. 10, tracing or kill-
ing hares in the snow, incurs a penalty of 6s. 8d.
for each hare.
By 1 Jac. I. c. 27, whoever shall trace or course
hares in the snow, shall on conviction before two
justices, by confession or oath of two witnesses, be
committed to gaol for three months, unless he pay to
the churchwardens, for the use of the poor, 20s. for
every hare so taken or destroyed, or shall after one
month after commitment become bound with tv.'0
sureties in ^20. each before two justices not to
U 4
296 Game.
offend again, and the like penalties are incurred for
destroying- them with gins, &c.
By 22 and 23 Car. II. c. 25, persons setting
snares, &c. shall on conviction by confession or
oath of one witness, before one justice, within one
month after offence committed, give such satisfac-
tion to the injured party as justice shall appoint,
and also pay to the overseers for the use of the
poor a sum not exceeding lOs. or be committed to
the house of correction for not exceeding one
month.
By l6 Geo. III. c. 30, justices on oath may issue
warrants to search for any red or fallow deer, or
the head, skin, &c. or any engine, &c. and cause
the person on whose premises they are found, to
come before him, and if the same is not satisfacto-
rily accounted for, may fine him from ^10. to
^30. s. 4. any person through whose hands
the same have passed, is liable to the same pe-
nalties.
Keepers of forests, &c. may seize any person
discovered hunting, coursing, &c. deer in any fo-
rest, &c. and carry him before a neighbouring
justice.
Pecuniary penalties to be recoverable before one
justice, on confession or oath of one witness, one
moiety to the King, and the other to the informer;
if not paid, distress, and for want thereof, com-
mitment to gaol for one year, unless the pe-
nalty is sooner paid. 6-. 1 1. and if it appear by con-
Game. 297
fession or otherwise, that the party hath no goods,
then the justice may proceed as if distress warrant
was issued and nui/a bo?m returned, s. 12.
By 42 Geo. III. c. 107, persons hunting-, taking,
kilhng or wounding deer in inclosed parks, without
authority, are declared guilty of felony, and any
person who shall commit any of the offences in the
uninclosed part of any such park, forest, &c. shall
forfeit ^50. s. 2.
By 51 Geo. III. c. 120, convicting justice may
mitigate the penalty of ^50. in last recited act, to
not less than ^20. at his discretion.
By 3 Jac. I. c. 13, if any person shall by night
or day unlawfully enter into any park or inclosed
ground for keeping conies, and hunt, take, chase or
slay the same, he shall suffer three months impri-
sonment, and pay treble damages and costs, to be
assessed by the convicting justices, and find secu-
rity for his good behaviour for seven years, or be
imprisoned till he does ; and by 22 and 23 Car. II.
c. 25, hunting, chasing or killing conies in war-
rens, &c. not inclosed, on conviction within one
month, by confession or oath of one witness, before
one justice, the offender to pay treble damages and
costs, and suffer three monttis imprisonment, and
so long after till he finds sureties for his good
behaviour; killing conies in the night on the
borders of warrens (except by the owner or lawful
possessor of the warren whereon they are killed)
incurs a penalty of los. to the use of the poor, or
29B Game.
in default, commitment to the house of correction
for not exceeding one month, and also such satis-
faction as justices shall award.
By 1 Jac. I. c. 27, if any person shall shoot at
or otherwise destroy pigeons, he shall on conviction
before two justices, by confession or oath of two
witnesses, be committed to gaol for three months,
or pay to the churchwardens for the use of the
poor 20s. for each pigeon, or within one month
after commitment become bound with two sureties
in ^20. each, not to offend again.
By 2 Geo. III. c. 29, persons killing or taking
with intent to kill pigeons, to forfeit 20s. to the
person prosecuting, on conviction by confession or
oath of one witness before one justice; if not
forthwith paid, the offender may be committed to
the common gaol or house of correction, and kept
to hard labour for not more than three calendar
months nor less than one.
No person to be convicted under both acts, and
prosecution to be commenced within two months
after offence committed.
A person may, notwithstanding the provisions of
these acts, lawfully kill such pigeons as he shall
find devastating his corn. Cro. Jac. 4^6.
Gam&. 299
Form of Jnjormatiou to be exldhlted before two Commisaionei'S,
or one Justice of the Peace, being a Commissioner, on 52
Geo. 111. cap. 93, sched. L. rule 12. for using a Dog, Net,
Gun, ^c. icithout having taken out a Certificate,
to wit. The information and complaint of A. B. of
, made before us, two [tJiree or more as tlie case may be
(one is not sufficient) ; or if before one justice say " before me
one of His Majesty' s justices of the peace of and j or the county ,
(riding, city, town, S^c. as the case may be,) and aho one of the
co7nmissioners" ^c] of the commissioners for executing an
act made and passed in the 52nd year of the reign of I] is pre-
sent Majesty, intituled " An Act for granting to His Majesty-
certain new and additional Duties of Assessed Taxes, and for
consolidating the same with the former Duties of Assessed
Taxes," and the several other acts relating to the said duties
of assessed taxes, appointed to act as such commissioners [or
" commissioner," if before one justice he being a commissioner],
in the district [or division, as the case may be] of , on the
day of , in the 57th year of the reign of our So-
vereign Lord George the Tliird, at the parish of in the
district [or division, as the case may be] aforesaid, and in this
county of , wlio saith that C. D. of the parish and county
aforesaid, on the day of , and within three calendar
months before this day, and after the 5th day of April in the
year of our Lord 1813, at the parish of , in the county
aforesaid, did use a dog [gun^ net, or other engine, as the case
may be, describing the engine by name; but ijf' for woodcocks
or snipes, the use oj nets or springes is exempted from the
penally], for the purpose of taking and killing game [icood-
cock, snipe, quail, or landrail or conies. Ifjor conies, add aj'ter
the vcord there, " in a certain place, not being an inclosed
ground, and he the said C. D. not being the proprietor of any
vcarren, nor the tenant of any lands, nor using the same for the
pur]x>se aforesaid by the direction or command of any proprietor
of a warren, or of the tenants of any lands," as the rase may
reqidrej there, [or did take, or did kill, by means of a (de-
scribe the means) game ('or ivoodcock ^c) ; or did assist w
the taking or in the killing, as the case may require^ by means
300 Ga7ne,
of a {describe tho means) game, or woodcock S^c] without hav-
ing obtained such ceitificaie as is directed by the statute ia
that case made and ])rovided, in order to an assessment for the
year wherein the said C. D. did so use such dog [f,-:. as before;
or did so take game 6,'c. or did so kill game tsfc. or did so
assist in the taking or in the kiJVwg game ifc. as before, and
as the case may require], contrary to the form of the statute
in that case made and provided; and by means of the
premises, and by force of the statute in that case made and
provided, the said C. D. hath forfeited for his said offence
the sum of ,3^20. Whereupon the said A. B. prayeth the
judgment of us the said commissioners [or "wie the said
justice and commissioner," as the case may be] in the pre-
mises, and that the said C. D. may be summoned to answer the
premises before us the commissioners aforesaid.
A.B.
Exhibited before us the
day of , in the
yearofourLord I8I7.
Information to be exhibited before two Commissioners, or one
Justice of the Peace, being a Commissioner, on 52 Geo. IJI.
cap. 93, sched. L. rule 1 1, for not j)roduc'mg a Certificate on
demand &-c.
to wit. The information and complaint of A. B. made
before us, two [three or more, as in the last informatio7i] of the
commissioners for executing an act made and passed in the
52nd year of the reign of His present Majesty, intituled "An
Act for granting to His Majesty certain nev/ and additional
Duties of Assessed Taxes, and for consolidating the same with
the former Duties of Assessed Taxes," and the several other acts
relating to the said duties of assessed taxes, appointed to act as
such commissioners [ov '' commissioner," if before one justice
he being a commissioner], in the district [or division, as the case
may he] of , and on the day of , in the S/th
year of the reign of our Sovereign Lord George the Third, at
the parish of in the district [or division, as the case may
he] aforesaid, and in this county of , who saith that CD.
of the parish and county aforesaid, on the day of ,
and within three calendar montlis before this day, at the parish
Gairie. 301
of ill the county aforesaid, was discovered using a do^
[gun, net tsfc. a^ in last information] for the purpose of taking
and kilUng game [icoockock, bfc. as in last information] there,
["or taking or killing, or assisting in the taking and killing of
gume, or itondcocks Qc. by means of a" (mentioning the means
used) as the case may require], by one A. B. he the said A. B.
then and there being [an assessor or collector of the said parish
of , or a commissioner for the execution of the said act,
passed in the b^nd year aforesaid, acting for the said county of
, or riding, division, or place, as the case may require, or
by L. M. lord or lady, or game-keeper of the manor of ,
in ichich the said C, D. then was, or by any of the otk^r persons
enumerated in rule II, as the case may be], and that the said
A. B. then and there required and demanded from the said
C. D. so using such dog [gun, net, i£fc. as the fact is], as
aforesaid, for the purpose aforesaid, [or taking or killing, bfc.
as aforesaid,] the production of a certificate issued to him
for that purpose, and that the said C. D. did not , pro-
duce [ij the party had taken out a certifcate, then say,
^'icilfully refused to produce, and did not produce"] any such
certificate, and that no such certificate was produced to
the said A. B. and that thereupon tiie said A. B. having made
such demand as aforesaid, and no such certificate being pro-
duced to him, the said .\. B. then and there required the said
C. D. forthwith to declare to him the said A. B. the christian
and surname and place of residence of him tlie said C. D. and
also the parish or place (if any) in which he the said C. D. had
been assessed to the duties granted by the said act passed in
the 52nd year aforesaid. And that the said C. D. after such
demand made [and in default of the production of a certificate
issued to him for the using such dog [gun, iJc. as before], as
aforesaid, for the purpose aforesaid [as before], then and there
v.ilfully refused to give in to the said A. B. the christian and
surname, and place of abode of him the said C. D.l [or instead
of the words inclosed in brackets say, " then and there produced
to the said J.B. a false certificate or a fictitious certificate; or
then and there gave to the said A. B. a false name, or a false
place of residence, or a false place of assessment, or a fictitious
name, or a fictitious place of residence, or a fictitious place of
assessment," as the case may be], contrary to the form of the
statute in that case made and provided ; and by means of the
prenuses, and by force of the statute in tliat case made and
302 Game.
provided, the said C. D. hath forfeited for his said offence the
sum of <^\'0. Whereupon the said A. B. prays the judg-
ment of us the said commissioners [or "me the said justice
and commissioner," as t lie case may n quire'] in the premises,
and that the said C. D. may be summoned to answer the pre-
mises before us the conmiissioners [as before}.
Exhibited before us the
day of , in the
year of our Lord 1817«
In default of payment of the penalty or mitig;ated
penalty at the time of conviction on these informa-
tions, a warrant is to be issued by the commis-
sioners, or commissioner being a justice, against
the goods of the party; and if sufficient goods can-
not be found, the commissioners, or commissioner
being a justice, are or is required to commit the
party to the house of correction for six months.
See Ri/ic 13 of Sched. L.
General Form of Summons on the preceding Information,
To C. D. of the parish of in the county of .
to wit. Whereas Information and complaint hath been
made before us of the commissioners [or one commissi-
oner being a justice, as in the information] for executing an act
made and passed in the 52nd year of the reign of His present
Majesty, intituled, "An Act for granting to His Majesty cer-
tain new and additional Duties of Assessed Taxes, and for con-
solidating the same with the former Duties of Assessed Taxes,"
and also the several acts relating to the said duties of assessed
taxes, appointed to act as such commissioners [as before], in
the of , that you on the day of , at the
parish of in the said county, did [here insert the whole of
the information in the past tense].
Game. 30
o
These are to require you the said C. D. to appear before us,
at in the said county of , on the day of ,
at the house of , in the noon of the same day, [to an-
swer to the said information and complaint, and to be further
dealt with according to law.] [ Tf the summons is to a Vjitness,
omit the ivorch in brackets, and introduce " to give evidence
toucldng the matters contained in the said information on the
part oftlie said A. B. (the informant) or of the said C. D. (the
defendant)" as the fact is.^
Given under our hands and seals the day of , in the
year of our Lord 1 8 1 7«
Conviction for using a Dog, ^. for Killing Game without a
Certificaie.
to wit. Be it remembered. That on tlie day of
•, at in the county of , C. D. yeoman, vvas duly
convicted before me S. P. Esq. one of His Majesty's justices
&c. [or us ], for that the said C. D. on the ^ day of
did [state the offence as in the information'] contrary to
the form of the statute, and 1 [or ice} do declare and adjudge
that the said C. D. hath forfeited for his said offence the sum of
^ , to be distributed as the law directs.
Given under my hand and seal, [or our ^c] being a justice
of the peace for [and, if it be so, a commissioner acting in
tlie execution of the acts relating to assessed taxes for the dis'
trict of ], the day of , 1817.
Distress Warrant for Killing Game without a Certificate.
To the Constable of .
to wit. Whereas C. D. of in the said county,
{shoemaker^, is this day convicted before me S. P. Esq. [or
us iffc.'] one of His Majesty's justices of the peace in and for the
said county, [and, ij it he so, also one of the commissioners isfc]
upon the oath of A. 13, a credible witness, for that he the said CD.
on tlie day of , in the 57th year of the reign of His
Majesty King George the Third, &c. at in the said couuty.
304 Game.
did use a certain dog [net or engine, as the fact is], for the
taking or destruction of game, and did thereby and therewith
take^ kill and destroy a hare [or as the fact is], without liaving
sucli certificate as is required by law for that purpose, whereby
he the said C. D. hath forfeited the sum of M''20. These are
therefore in His said Majesty's name to command you to levy
the said sum by distress of tlie goods of him the said C. D. and
if within the space of (four) days next after such distress by
you taken, the said sum shall not l)e paid, that then you do sell
the said goods so by you distrained, and out of the money
arising by such sale you do pay the said sura of ^20. to A. B.
of in the said county, one of the collectors of assessed
taxes for the parish of aforesaid, for the use of His Ma-
jesty, returning the overplus (if any) on demand unto him the
said C. D. And if sufficient distress cannot be found of the
goods of the said C. D. whereon to levy the said sum of ^20.
that then you certify the same to me, together with the return
of this precept.
Given under my hand and seal, the day of , 181/.
S. P.
Commitment for leant (f ifistress.
To the Constable of in the county of , and to the
Keeper of the House of Correction at in the said county.
to wit. Whereas C. D. of in the said county,
[shoemaker,] was on the day of , in the year of our
Lord 1817? convicted before [as in the information], upon the
oath of A. B. a credible witness, for that he the said C. D, on
the day of , in the year aforesaid, at in the said
county, did use a certain dog [net or engine, as the fact is], for
the taking or destruction of game, and did thereby and there-
with take, kill and destroy a hare [or as the fact is], without
having such certificate a^ is required by law for that purpose,
by virtue whereof he tlic said C. D. hath forfeited the sum of
a^20. And whereas, on the said day of , in the year
aforesaid, 1 did issue my warrant to the constable of , to
levy the said sum of ^€'20. by distress and sale of the goods of
h.im the said C. D. and to apply the same according to law.
Game, 305
And whereas it duly appears to me, as well on the oath of the
said constable as otherwise, that he the said constable hath
used his best endeavours to levy the said sum of .^20. on the
goods of him the said C. D. as aforesaid, but that no sufficient
distress can be had whereon to levy the same ; these are there-
fore to command you the said constable of aforesaid, to
apprehend the body of the said C. D. and him safely to convey
to the house of correction at in the said county, and there
deliver him to the said keeper thereof, together with this pre-
cept. And I do hereby command you the said keeper of the
said house of correction, to receive into your custody in the said
house of correction, the said C. D. and him there safely to
keep for the space of six calendar months, unless such penalty
shall be sooner paid; and for so doing this shall be your sufficient
warrant.
Given under my hand and seal the day of ^ in the
year of our Lord 1 8 1 7.
Warrant to search for Dogs and Engijies, on the 22nd and
23d Car. II. c. 25, s.2.
to wit. Whereas complaint hath been made unto me
S. P. Esq. one of His Majesty's justices of the peace in and
for the said county, upon the oath of A. B. of in the said
county, yeoman, that he the said A. B. hath good ground to
suspect, and doth suspect that C. D. of aforesaid in the
county aforesaid, yeoman, being a person in no respect quali-
fied by the laws of this realm so to do, hath, and keepeth in
his custody a greyhound, [gun, net tf^c] to kill and destroy the
game; These are therefore to command you, in His Majesty's
name, to enter into and search, in the day time, the houses,
out-houses, and other j)laces of him the said C. D. at
aforesaid and if you there find any greyhound &c. that you
seize and keep the same for the use of L. M. Esq, lord of the
manor of , in which manor the said houses, out-houses,
and other places are situate and do lie; [or if net, gunli^c. that
you cut in pieces or destroy the samej]
Given under my hand and seal the day of , in the
year of our Lord 1817.
S. P.
X
3()(> Game.
Jtifoi'mation for keeping and using Dogs to destroy Game, mt
being qualified.
to wit. Be it remembered, That on the day of
, in the 57th year of the reign of His present Majesty
King George the Third, by the Grace of God of the United
Kingdom of Great Britain and Ireland King, Defender of the
Faith, at in the said county, A. B. of in the said
county, yeoman, in his proper person cometh before me S. P.
Esq. one of the justices of our said Lord the King, assigned to
keep the peace of our said Lord the Kinsf in and for the said
county, and also to hear and determine divers felonies, tres-
passes, and other misdemeanors done and committed in the
said county, and now giveth me the said justice to understand
and be informed that one C. D. of in the parish of
in the said county, [labourer,] on the day of , in the
said 57th year of the reign of our said Sovereign Lord the King,
did keep and use a certain dog called a greyhound to kill and
destroy the game, being a person not then iiaving lands or te-
nements, or any otlier estate of inheritance in his own right, or
in his wife's right, of the clear yearly value of ^100. or for
term of life j nor then having lease or leases of ninety-nine
years, or for any longer terra, of the clear yearly value of ^^150.
nor then being the son and heir apparent of an Esquire or
other person of higher degree; nor then being the owner or
keeper of any forest, park, chase, or warren being stocked with
deer or conies for his necessary use in respect of such forest,
park, chase, or warren; nor then being lord of any manor, lord-
ship, or royalty; nor then being game-keeper of any lord or
lady of any lordship, manor, or royalty, duly made, constituted,
or appointed by writing under his or her liand and seal to take,
kill, or destroy the game or any sort of game whatsoever in or
upon any lordship, manor, or royalty; nor then being truly
and properly a servant of or to any lord or lady of any lordship,
manor, or royalty; nor then being immediately employed or
appointed to take, kill, or destroy the game or any kind of
game whatsoever for the sole use or immediate benefit of any
lord or lady of any lordship, manor, or royalty ; nor then being
a person in any manner whatsoever qualified or authorized to
kill game, or keep any greyhound for the destruction of the
Game. SOf
game of this kingdom ; whereby he hath forfeited the sum of
j£^5. and thereupon he the said A. B. prayeth the judgment of
me the said justice in the premises, and that he may have one
moiety of the said forfeiture, according to the form of the
statute in that case made, and that the said C. D. may be sum-
moned to answer the premises before me the justice aforesaid.
A. B.
Taken before me,
S.P.
Summons thereon.
To the Constable of in the county of
to vvit. Whereas information and complaint hath
been made before me S. P. Esq. one of His Majesty's justices
of the peace for the said county. That on the day of ,
in the year of our Lord 1817, one C. D. of In the county
aforesaid, [labourer,'] being a person not then having lands or
tenements, or any other estate of inheritance in his own right
or in his wife's right, of the clear yearly value of <^100. or for
term of life; nor then having lease or leases of 99 years, or for
any longer term of the clear yearly value of ,^150. nor then
being the son and heir apparent of an Esquire or other person
of higher degree; nor then being the owner or keeper of any
forest, park, ciiase, or warren being stocked with deer or conies
for his necessary use in respect of such forest, park, chase, or
warren; nor then being lord of any manor, lordship, or royalty;
nor then being game-keeper of any lord or lady of any lordship,
manor, or royalty, duly made, constituted, or appointed by
writing under his or her hand and seal to take, kill, or destroy
the game or any sort of game whatsoever In or upon any lord-
ship, manor, or royalty ; nor then being truly or properly a ser -
vant of or to any lord or lady of any lordship, manor, or roy-
alty; nor then being immediately employed or appointed to
take, kill, or destroy the game or any kind of game whatso-
ever for the sole use or immediate benefit of any lord or lady
of any lordship, manor, or royalty; nor then being a person in
any manner whatsoever qualified or authorised to kill game;
unlawfully did keep and use a certain dog called a greyhound
to kill and destroy the game, contrary to the form of the
X 2
308 Game.
statute in that case made and provided ; whereby he hath for*
feited the sum of ^6^5. to be applied as the act directs.
These are therefore to require you forthwith to summon the
said C. D. to appear before me at in the said county, on
the day of , at the hour of in the fore-
noon, to answer the said information and complaint, and to be
further dealt with according to law: And be you then there to
certify what you shall liave done in the execution hereof. —
Herein fail not.
Given under my hand and seal this day of . in
the year of our Lord 1817.
Conviction thereon,
to wit. Be it remembered, That on the day of
, in the 57th year of the reign of &c. at in the
county of , A.B.'of in the said county, yeoman, in
his own proper person cometh before us W. S. J. C. and S. P.
Esquires, three of the justices of our said Lord the King, as-
signed to keep the peace and also to hear &c. and now here
giveth us the said justices to understand and be informed that
one C. D. of -, [labourer,'] within three months now last
past, to wit on the day of , in the said 57th year of
the reign of our said Sovereign Lord the King, the said C. D.
not having lands or tenements or any other estate or inlie-
ritance of the clear yearly value of ^100. or for term of life ;
nor any lease or leases for ninety-nine years or any longer
term of the clear yearly value of ^'150. nor then being the
son and heir apparent of an Esquire or other person of higher
degree; nor then being the lord of any manor or royalty ; nor
then being the owner or keeper of any forest, park, chase, or
warren ; nor then being game-keeper of any lord or lady of any
lordship or manor; nor then being truly and properly a servant
of or to any lord or lady of any lordship or manor; nor then
being immediately employed and appointed to take and kill
the game for the sole use and immediate benefit of such lord
or lady; nor being in any other manner qualified, empowered,
licensed, or authorized by the laws of this realm, either to
take, kill, or destroy any sort of game whatsoever, or to keep
or use any greyhound for that purpose; did at the parish o|
in the county of aforesaid, keep and use a certain
dog called a greyhound to kill and destroy the game, against
Gmne. 309
the form of the statute in such case made and provided;
whereupon the said C. D. afterwards, to wit on the day
of in the year aforesaid, at aforesaid, had notice of
the said information and of the offence therein charged upon
him as aforesaid, and was then and there by us, the said jus-
tices, in due manner summoned to appear before us the said
justices at aforesaid in the county of aforesaid, on
the day of , in the 57th year aforesaid, to make his
defence against the said charji^e contained in the information
aforesaid. And thereupon afterwards, tiiat is to say on the
said day of , in the 57th year of the reign of our said
Sovereign Lord the King, at in the county of afore-
said, he the said CD. being duly summoned as aforesaid in
this behalf, before us, the justices aforesaid, appeareth, and is
present in order to make his defence against the said charge
contained in the said information ; and having heard the same,
he the said C. D. is asked by us the said justices if he can
say anything for himself why he the said C. D. should not be
convicted of the premises above charged upon him in form
aforesaid; who pleadeth and saith, that he admits he was not
qualified to kill game, and that he was out in a certain field in
the said parish uf , on the said day of , M'ith
one greyhound dog and one spaniel dog, but that the said dogs
were not his propert}'; but doth not shew tousthe said justices any
sufficient cause why he should not be convicted of the offence
in the said information above contained against liim; and fur-
ther, at the same time and place, to wit on the day of
in the year aforesaid, at aforesaid within the said
county, one credible witness, to wit S. M. of in the
county of , yeoman, cometh before us the justices afore-
said, and before us the same justices, in the presence of the
said C. D. upon his oath on the holy Gospel of God then and
there to him by us administered (we the said justices being
duly authorized and empowered to administer the said oath to
tl>e said A.B, in this behalf), deposeth, sweareth, and on his
oath affirmeth and saith, in the presence ai)d hearing of the
said C. D. that the said C. D. on the day of afore-
said in the year aforesaid, at the parish of aforesaid in
the county aforesaid, did keep and use a greyhound to kill and
destroy the game, and that he then and there saw the said
C. D. walk across a certain field, the same being a place where
hares usually lie, vvitli the said greyhound dog and a spaniel
X3
110 G.
ame.
dog, with a stick in his hand ; And the said C. D. then, to wit
on tl»e day of aforesaid, had not any lands or tene-
ments [negativing all the qualijicaiions precisely as in the in-
formation], nor in any other manner quaUtied, empowered,
licensed, or authorized by the laws of this realm to take, kill,
or destroy any sort of game, or to keep or use any greyhounds
for that purpose; whereupon and upon hearing and duly ex-
amining the whole matter aforesaid, it manifestly appears to
us the said justices that the said C. D. was not on tlie
day of aforesaid, in any manner qualified, empowered, li-
censed, or authorized by or according to the laws of this realm
to keep or use any greyhound to kill and destroy the game, and
that the said C. D. is guilty of the premises above charged
upon him by the information aforesaid; Therefore the said
C. D. on the said day of in the year aforesaid, be-
fore us the justices aforesaid, by the testimony of the said
S. M. a credible witness as aforesaid, according to the form of
the statute aforesaid, is convicted of the offence aforesaid, and
hath forfeited the sum of ^5. of lawful money of Great Britain,
to be distributed as the statute aforesaid doth direct. In wit-
ness whereof we the said justices to this present record of con-
viction have set our hands and seals, at aforesaid in the
county aforesaid, the said day of ^ in the year of
our Lord 1817.
W. S.
J. c.
s. p.
Distress fVarrant thereon.
To the Constable of in the county of
to wit. Whereas C. D. of in the said county,
[labourer^, is this day convicted before me, S. P. Esq, one of
His Majesty's justices of the peace in and for the said county,
upon the oatli of S. M. a credible witness, for that he the said
C. D. being a person not qualified by the laws of this realm so
to do, on the day of , in the 57th year of the reign
of His Majesty King George the Third, at in the said
county, did use a certain dog called a greyhound to kill and
destroy the game, by reason whereof lie the said C. D. hath
forfeited the sum of jf 5. to be distributed as hereio after men-
Game. 311
tioned. These are therefore, in His Majesty's name, to com-
mand you to levy the said sum by distress of tlie goods of him
the said C. D. and if within the space of six days next after
such distress by you taken the said sum shall not be paid, that
then you do sell the said goods so by you distrained^ and out of
the money arising by such sale you do pay the sum oi ^2. lOs.
to A. B. of in tlie said county, who informed me of the
said offence, and the sum of ^2. 10s. to the overseers of the
poor of the parish of where the said offence was com-
mitted, returning the overplus (if any) on demand to him the
said C. D. and if sufficient distress cannot be found of the
goods of the said C. D. whereupon to levy the said sum of ^^5.
that then you certify the same to me, together with the return
of this precept.
Given under ray hand and seal this day of , in
the year of our Lord 1817.
S. P.
Commitment for want of Distress.
To the Constable of in the county of , and to the
Keeper of the House of Correction at in the county
of .
to wit. Whereas C. D. of in the said county,
[Inhonrer,] was on the day of , in the year of our
Lord 1817, convicted before me S. P. Esq. one of His Ma-
jesty's justices of the peace in and for the said county, upon
the oath of S. M. a credible witness, for that he the said
C. D. not being a person qualified by the laws of this realm so
to do, on the day of , at in the said county,
did use a certain dog called a greyhound to kill and destroy
the game, whereby he the said C. D. hath forfeited the sum of
^'5. And whereas on tiie said day of in the year
aforesaid, I did issue my warrant to the constable of to
levy the sum of ji5. by distress and sale of the goods of him
the said C. D. and to apply tlie same according to law. And
whereas it duly appears to me as well on the oath of the said
constable as otherwise, that he the said constable hath used
his best endeavours to levy the said sum on the goods of him
the said C. D. as aforesaid, but that no sufiicient distress can
be had whereon to levy tlie same 3 These are, therefore, to
X i
312 Game.
command you the said constable of aforesaid to appre-
hend the body of the said C. D. and him safely to convey to
the house of correction at in the said county, and there
deliver him to the said keeper thereof, together with this
precept. And I do hereby command you the said keeper of
the said house of correction to receive into your custody in
the said house of correction the said C. D. and him there
safely keep for the space of three calendar months ; and for
so doing this shall be your sufficient warrant.
Given under my hand and seal this •- day of , In
the year of our Lord 1317.
S. R
li'^arrant to apprehend a Higgler.
To the Constable of .
to wit. Whereas A. B. of , hath this day made
oath before me S. P. Esq. one of His Majesty's justices &c.
that on the day of now last past, C. I), of -. — -,
victualler, at in the county aforesaid, in the house of him
the said C. D. there situated, then and there had in his pos-
session one hare [or did offer to sell one hare, as the fact is],
he the said C. D. being no ways qualified by the laws of this
realm to have the said hare in his custody or possession, con-
trary to tiie form of the statute in that case made and provided.
These are therefore to command you to bring the said C. D.
before me or some other of His Majesty's justices of the peace
for the said county, to answer the premises, and to be further
dealt with according to law.
Given under my hand and seal &c.
S. P.
The conviction, warrant of distress, and commit-
ment for want of distress, may be in the same form
as those against unqualified persons keeping- grey-
hounds, &c. varying the description of the offence.
Game* 313
Warrant to levy the Penalty for keeping Snares to destroy
Game,
To the Constable of in the county of .
to wit. Whereas A. B. hath this day been duly con-
victed before me S. P. Esq. one of His Majesty's justices of
the peace in and for the county of , by the oath of C. D.
that he hath within days last past kept and used snares
fpr killing and destroying the game, and that he is not qualified
by law to keep or use a snare or any other engine for de-
stroying the game. These are, therefore, to require and au-
thorize you forthwith to levy the sum of by distress and
sale of the goods and chattels of the said A. B. which said sum
is by me adjudged to be the penalty for his said offence, and
that you pay one moiety thereof to the churchwardens and
overseers of the poor of the parish of wherein the said
offence was committed, for the use of their poor, and the other
moiety to C. D. who informed against the said A. B. according
to the statute in that case made and provided; and in default
of distress you are hereby required to certify to me thereof,
that such further order may be taken therein as the law
directs.
Given under my hand and seal this day of , in the
year of oiu: Lord I8I7.
S. P,
(jeneral Form of negativing the necessary Qualijications in
Convictions on the Game Laws.
That A. B. being a person not then having
lands and tenements or any other estate of inheritance in his
own riglit or his wife's right of the clear yearly value of ^■'100.
or for term of life ; nor having lease or leases of ninety-
nine years or for any longer term of the clear yearly value of
^150. nor then being son or heir apparent of an Esquire or
other person of higher degree; nor then being owner or keeper
of any forest, park, chase, or warren being stocked with deer or
conies for his necessary use in respect of such forest, park.
314 Game.
chase, or warren ; nor then heins? lord of any manor, lordship,
or royalty ; nor then being gamekeeper of any lord or lady of
any lordship, manor, or royalty, duly made, constituted and
appointed by writing under his or her hand and seal, to take,
kill, or destroy game, or any sort of game whatsoever, in or
upon any lordship, manor, or royalty; nor then being truly or
properly a servant of or to any lord or lady of any lordship,
manor, or royalty; nor then being immediately employed or
appointed to take, kill, or destroy game or any kind of game
whatsoever for the sole use or immediate benefit of any lord
or lady of any lordship, manor, or royalty; nor then being a
person in any manner whatsoever qualified or authorized by
the laws of this realm to kill game, did &c.
Conviction of an Innkeeper for having Partridges in his pos-
session and selling the same as an Innkeeper j 5 Ann^ c. 14,
§. 2. 28 Geo. II. c. 12. 2 Geo. III. c. 19.
to wit. Be it remembered. That on the day of
" , in the 57th year of the reign of our Sovereign Lord
George the Third, by the Grace of God &c, at in the
county of , A. B. of in the county of , cometh
in his proper person before me S. P. Esq. one of the justices
of our said Lord the King in and for the said county of ,
and also to hear and determine divers felonies, trespasses and
other misdemeanors committed within the said county, and
then and there giveth me the said justice to understand and be
informed, that within three months now last past, that is to
say, on the day of , in the 57th year of the reign of
cur said Lord the present Kjng, at the parish of , C. D.
of aforesaid, innkeeper, being a person not then &c. [see
the general form, negativing the necessary qualificaiiuns], and
being then and there an irmkeeper, unlawfully had in his cus-
tody two partridges, and did then and there sell [or offer to sell,
as the case mnij be], the same partridges, contrary to the form
of the statute jn such case made and provided; and the said
A. B. the said informant, prayeth that the said C. D. be con-
victed of the said offence above laid to his charge. Whereupon
the said C. D. after having been duly summoned in this be-
half to answer and make his defence to the said information
and offence therein charged upon him, before me the said
Game. 315
justice; afterwards, that is to say, on the day of , in
the year aforesaid at aforesaid in tlie county of ,
appeareth and is at present before me the said justice, in order
to answer and make good his defence to the said information
and offence therein cliarged on him as aforesaid, and he the
said C. D. having heard the same, is asked by me the said
justice if he can say any thing for himself why he the said C. D.
should not be convicted of the premises above charged on him
in form aforesaid, who pleadeth that he is not guilty of the
said offence. Nevertheless, on the said day of , in
the year aforesaid, at in the said county of , E. F,
one credible vvitness, to wit E. F. of in the said county
of , cometh before me the said justice in his own proper
person, and before me the said justice, the said E. F. being
then and there, to wit on the day and year last aforesaid at
aforesaid, duly sworn, touching the premises, upon the
holy Gospel of God, upon his corporal oath to him then and
there administered by me the said justice, I the said justice
then and there having full power and authority to administer
the said oath to the said E. F. deposeth and sweareth and
upon his oath aforesaid affirmeth, in the presence of the said
C. D. that within three months next before the said informa-
tion was made before me by the said informant as aforesaid, to
wit on the said day of , in the 57th year aforesaid, at
the parish of aforesaid, he the said C. D. being a person
not then having lands \pnrs2ie the tcords of the information
exactly to the words "in such case made and provided '']. —
Whereupon all and singular the matters and things in the said
information and evidence contained, being by the said C. D.
heard and fully understood, and he the said C. D. being by me
the said justice asked what he hath to say or offer in his de-
fence against the said information and offence and in answer
to the evidence given as above-mentioned, and v/hat he has
to say why he should not be convicted of the premises so
charged upon him ; and forasmuch as upon hearing and fully
understanding all and every the matters and things by the said
C. D. alledgcd and proved in his defence, touching the pre-
mises in the said information specified, it manifestly appears
to me the said justice that the said C, D. is guilty of the pre-
mises above charged upon him in tiie said infornration ; it is
therefore adjudged by me the said justice, upon the testimony
of the said E. F. a credible witness upon his oath before rae
316 Gaming.
the said justice so tal
tice within his jurisdiction may authorize, by war-
rant, any person employed by the commissioners of
the stamp duties in the execution of the acts for
regulating- lotteries, to break open doors to seize
ofl^enders by day or nig-ht, (but if in the night in the
presence of a constable, who is required to be
aiding- and assisting-) and such persons to convey
before any justice of the county, to be dealt with
according- to law, all persons discovered in
such house or place as knowingly aiding* or being-
concerned with such offenders, to be deemed and
punished as rogues and vagabonds; and all persons,
although not discovered in such house or place,
who shall employ or cause to be employed any per-
sons in carrying on such illegal transactions, shall
also be deemed rogues and vagabonds, s. 3f,
Any person convicted by two justices of any offence
against the act 27 Geo. III. e. 1, by which he shall
be deemed a rogue and vagabond, such justices
may order him to be sent to the house of correction
for not more tlian six nor less than one calendar
month, and until the final period of the drawing of
the lottery in respect of which such offence shall
be committed.
No appeal allowed nor proceedings removable by
certiorari, s. 40.
By 42 Geo. III. c. 19, persons keeping lotteries
called little goes, to be punishable as rogues and
Gaming, 321
vagabonds^ and one justice may by warrant au-
thorize to be broken open doors of a house where
such little goes are kept, and seize offenders, as in
^.37 of last recited act. s. 4.
No person shall agree to pay any sum of money
or deliver any goods, or do or forbear to do any
thing on any event or contingency relative to the
drawing of any ticket or number in the lottery,
under penalty of ^100. for each offence, s. 5.
offenders may be apprehended on the spot and
conveyed before any justice residing near ; such
justice on due proof of the offence may give judg-
ment, and if the penalty awarded is not immedi-
ately paid, he may commit the offender to prison
without bail and without appeal, for not more than
six calendar months, nor less than one month,
or until the penalty is paid; such penalty to be
one-third to the King, one-third to the informer,
and one-third to the person apprehending and se-
curing the offender. 6*. 6.
Notice hy tuo Inhabitants to the Constable to ground a
ProseaitiGn, under 25 Geo. II. c. 36.
To A. B. Constable of the parish of in the county of .
We C. D. and E. F. two of the inhabitants
of the said parish of , paying scot and bearhig lot therein,
do hereby give you notice that G. H. of the said parish of ,
innkeeper, doth keep a bawdy-house, gaming-house and dis-
orderly house, to wit at his dwelling house in the said parish,
known by the name or sign of the . And we do hereby
also require you the said constable forthwith to go with us
Y
322 Gaming.
before some one of His Majesty's justices of the peace in and
for the said county of , to the intent that such proceedings
may be had for the prosecution of tlie said G. H. for the said
offence as by law is required.
Witness our iiauds the day of , 1817.
CD.
E. F.
Jffidatit of the truth thereof.
to wit. C. D. and E. F. of , severally make oatli
and say that they severally believe the contents of the notice
hereto annexed (a copy of which they have caused to be ser\'ed
on A. B. constable of the parish of in the said county,) to
be true in substance and matter of fact.
CD.
E. F.
Sworn &c.
Hecognizance to ^ive Evidence.
' to wit. Be it remembered, That C D. of ,
and E. F. of , on the day of , in the year of
our Lord 1817, at — — in the county aforesaid, came before
me S. P. Esq. one of His Majesty's justices &c. and severally
acknowledged themselves to owe to our Sovereign Lord the
King the sum of ^^20. each.
Whereas the above bounden C D. and E. F.
have given notice in writing to A. B. constable of the said
parish of , that one G. H. of aforesaid, innkeeper^
doth keep a bawdy-house, gaming-house and disorderly house.
Now the condition of the above obligation is such, that if the
above bounden C. D. and E. F. shall give or produce material
evidence against the said G. H. for the said offence, at the
next general quarter sessions of the peace to be holden in and
for the said county, then this recognizance to be void, otherwise
of force.
Taken &c.
Gaming. 323
CoJistahle's Recognizance to Prosecute.
' to wit. Be it remembered, [as in last precedentf
stating the penalty ^30. instead of ^20.]
Whereas C. D. and E. F. two of the inhabitants
of the said parish of , have given notice in writing to the
above bdunden A, B. constable of the said parish of , that
G. H. of aforesaid in the county aforesaid, innkeeper,
doth keep a bawdy-house, gaming-house and disorderly house,
to wit in the said parish of ■ and county aforesaid ; and
having severally made affidavit of their belief in the truth of
the contents of the said notice, and also severally entered
into recognizance in the penal sum of ^20. each, before me
the undersigned justice, on condition that they do give and
produce material evidence against the said G. H. for the said
offence. Now the condition of this recognizance is such,
that if the above bounden A. B. do and shall prosecute with
effect the said G. H. for the said ofFetice, then this recog-
nizance to be void, otherwise of force.
Taken &c.
Warrant against the Keeper qf a Disorderly House.
To the Constable of the parish of in the county of :
to wit. Whereas C. D. and E. F. two of the inha-
bitants of the parish of in the county of , paying
scot and bearing lot within the said parish, have given notice
in writing to A. B. constable of the said parish, that G. H.
of the said parish, innkeeper, doth keep a bawdy-house,
gaming-house and disorderly house in the said parish of ,
and have also this day severally made oath before me, one of
His Majesty's justices of the peace &c. that they believe the
contents of the said notice to be true, and have also severally
entered into recognizance in the penal sum of ^20. each on
condition to give and produce material evidence agamst the
said G. H. 'I'hese are therefore to command you forthwith to
bring the said G. H. before me at this place, to be bound over
to appear at the next general quarter sessions of the peace to
be held in and for the said county, there to answer to such
bill of indictment as shall be found against him for such
offence.
Given under my hand and seal &c.
Y2
324 Gaols,
Alloicance, by two JusticeSy qf Constable's Expenses in the Pro-
secution, and Older. on Overseers io pay thenu
to wit. Whereas A. B. constable of the parish of — —
in the said county, hath this day made oath before us J. C.
and S. P. Esquires, two of His Majesty's justices &c. that he
hath truly and bona Jide expended the sum of j^ in the
prosecution of one G. H. for keeping a bawdy-house, gaming-
house and disorderly house at aforesaid, in pursuance
of the recognizance entered into by him the said A. B. Now
we the said justices do hereby ascertain and allow the said
A. B. the said sum of jf as and for the reasonable ex-
penses of the said prosecution. And we do hereby require the
overseers of the poor of the said parish of forthwith to
pay the said A. B. the said sum of .
In witness whereof we have hereunto set our hands, at — —
aforesaid, this day of , 181 7.
J. C.
s. p.
GAOLS.
Justices on presentment of the grand jui*y at the
assizes or sessions may contract for the building-,
finishing, or repairing county gaols. 1 1 and 12 If^m.
c. 19. and the charges to be paid by the county
treasurer, out of the county rate. 1 2 Geo. II. s. 29.
By 24 Geo. I I I. c. 54, power is given to the justices
at their general quarter sessions, on presentment
by the grand jury, to build, re-build, enlarge, &c.
any county gaol. s. 1. and to purchase houses or
lands for that purpose, s. 5.
Justices may be appointed or may volunta-
rily visit and inspect gaols, and report to the ses-
sions the state thereof. 31 Geo, III. c. 46, s. 5.
Gaols 325
Murderers ahd felons are to be imprisoned in
common gaols. 11 and 12 JFm, III. c 19. Justices
may commit persons convicted before them in a
summary way, to the house of correction in lieu of
the common gaol. 24 Geo. 111. c.\\.
By Stat. 31 Geo. III. c. 46, justices in sessions
may order such sums as they tliink necessary for
the relief of poor prisoners, to be paid out of the
county rate ; and by 53 Geo. III. c. 113, treasur-
ers of every county named iu the schedule of this act,
to pay yearly out of their respective county rates
the several sums specified in the said schedule, for
relief of prisoners in the King's Bench^ Marshalsea,
and Fleet Prisons, under the regulations prescribed
by the said act ; and justices in sessions are em-
powered to make further regulations in addition to
those by this act prescribed, s. 2, 16.
By stat. 24 Geo. III. c. 40, no license shall be
granted for the sale of spirituous liquors in gaols,
&c. justices having information of such, may
cause the same to be seized and destroyed; no
person to bring distilled spirits into any prison,
under a penalty of from ^10, to ^20. gaoler
may apprehend such person, and take him to a jus-
tice, who shall fine him as above; and if not
paid, commit the offender for not more than three
months, one half of the penalty to the informer
and the other to the poor of the gaol. c. 15.
every gaoler shall cause a copy of these clauses,
printed or legibly written, to be hung in the most
Y 3
326 GaoL.
public place iu the prison, on forfeiture of 40s. to
be levied by warrant of one justice, on conviction
by the oath of one witness ; justice may demand
a sig-ht of such clauses, and if not forthwith shewn
fair and legible, he may immediately con^'ict. s. l6.
and if conviction on view, the whole penalty goes
to the poor of the gaol, otherwise half to the in^
former.
Gaolers are not to be licensed to sell ale, "nine,
or other liquors, s. 20. and for suffering- tippling or-
gaming- in the prison, they shall forfeit ^10. for
each offence, to be recovered by distress, by war-r
rant of two justices; in default of distress, com-
mitment for not exceeding three months, unless the
penalty and costs are sooner paid. s. 22.
By 52 Geo. III. c. i6o, one justice of the din-
sion vvberein any gaol not being a county gaol is
situate, may order parochial relief to any poor per-
son confined in such gaol under mesne process for
debt, not exceeding b'd. per day. s. 1,2. but over-
seers may cause such poor person to be examined
as to his settlement; and justices may make an
order of removal to his last legal settlement^ and
suspend the same during his confinement. (See
title ''Poor:')
Justices at their general quarter sessions may
appoint a clergyman to perform religious duties in
gaols with a salary not exceeding ^100. a year,
and in houses of correction with a salary not ex-
ceeding ^50. a year. 55 Geo. II L c. 48, s. 2. Sucb
Gloves. 327
clergyman to have a reg^ilar license from the Bishop
of the diocese, .s-. 5.
By 55 Geo. III. c. 50, all fees or gratuities pay-
able in gaols for the entrance, commitment, or dis-
charge of any prisoner are abolished, s. 1. and jus-
tices of the peace at their general quarter sessions
may make allowances to gaoler in salary, or other
compensation in lieu of such fees. s. 2. such allow-
ance to be paid out of the county rate. s. 3. and
no fees are in future to be paid by prisoners to
clerks of the court, clerks of assize, or their depu-
ties, s. 5. The operation of this act not to extend
to the King's-Bench Prison, Fleet, Marshalsea, and
Palace Court. ^.14.
(GARDEN. See " TFood and Turnips r J
GLOVES.
A penalty of ^200. is incurred for selling or
concealing foreign leather gloves, to be recovered
by action, unless seizure is made out of the limits
of the bills of mortality, and not exceeding ^20.
value; then two justices may hear and determine
the same : half the penalty to the informer.
6 Geo. III. c. 19. and by 50 Geo. III. c 55, s. 3,
two-thirds of the produce of the sale of such pro-
hibited gloves shall be paid to the officer who sh^U
seize them, exclusive of the penalty.
(GOOD BEHAVIOUR. Scq " 5ttrc/y.";
Y 4
328 Gunpowder,
GUNPOWDER.
By 12 Geo. III. c. 6i, no new mill is to be
erected without license from the quarter sessions,
and no pestle mill to be used under the penalty of
es. per lb. and forfeiture of the gunpowder to be
made thereby.
Gunpowder not to b^ made except in licensed
places, under the like penalty; and no person to
manufacture or dry more than 40lb. at one time,
except at Battle and other places in Sussex, under
the like penalty.
Magazine or storehouse to be kept remote from
the mill, under ^25. penalty per month for not
having one so situated, and ^5. for not removing
powder to the storehouse, unless prevented by bad
weather, s. Q^'j.
Keeping charcoal within twenty yards of the
mill, incurs a penalty of ^5. per week, s, 8.
A person being a dealer shall not keep more
than 200lb. of gunpowder, and not being a dealer
more than 50lb. in any house, mill, &c. in London
or Westminster, or within three miles thereof; or
within any other city, borough, or market town, or
within one mile thereof; or within two miles of any
royal palace, or half a mile of any parish church,
on pain of forfeiting the gunpowder, and 2s. for
every pound above the allowed quantity. 6". 1 1. but
any quantity not exceeding 300lb. may be kept for
Gunpowder. 329
the use of any colliery or mine, so that it is within
two hundred yards of such colliery, &c.
No person to carry more than twenty-five bar-
rels of gunpowder by land, or two hundred bar-
rels by water ; the barrels are not to be hooped
with iron, and each barrel not to contain more
than loolb. or in any other than in a tilted wag-
gon, or close decked vessel, under penalty of a
forfeiture of the gunpowder, s. IS.
Permitting persons to smoke, or to carry com-
bustible matter in any vessel loaded with gunpow-
der, incurs a penalty of £b. s. 20. delaying the
carriage of gunpowder, except for the purposes
of loading and unloading, and then only eighteen
hours, to forfeit £\0. s, 21. — Justices may search,
on reasonable cause assigned on oath, any house,
mill, &c. in which gunpowder is suspected to be
made, and such powder may be seized and removed
to a proper place; if any in carriage, &c. the
same may be used in the conveyance of it for
twenty-four hours, on recompensing the owner-
Such recompense to be settled by the justices who
hear the complaint.
All penalties to be recovered before two justices,
on the oath of one witness, or by confession ; one
moiety to be paid to the King, and the other to the
informer; if the penalty is pecuniary, it may be
levied by distress, and in default, imprisonment
for not more than six, nor less than three months.
s. 26. prosecution to be commenced withia
330 Hats,
fourteen days after commission of the oftence op
seizure, .v. 27.
By 54 Geo. III. c. 152, so much of the act
12 Geo. III. c. 61, as prohibits the loading-, taking
in, carrying or conveying^ in any cart, waggon or
other land carriage laden with gunpowder, or in
any barge, boat, or other vessel laden with gunpow-
der on any river (except in the case of vessels laden
with gunpowder for importation from, or exporta-
tion to places beyond sea, or going coastwise), with
any other lading of any kind whatsoever, shall bo
and is by this act repealed, s, 1 .
(HACKNEY COACHES. See « Post and Sta^e
Coaches'*
HATS.
Retailers of hats to take out a license from the
Stamp Office, and to pay for the same 40s. if trad-
ing within the bills of mortality, and 5s. elsewhere,
imder a penalty of .£50. 24 Geo. III. c. 51. such
licensed person to cause the words " Dealer in
Hats hj Ileta'ill' to be put over the door or in
front of his shop, under penalty of 40s. for every
hat sold without affixing such notice, s. 5. unli-
censed persons putting up such words to forfeit
^50. s. 6.
By 5 1 Geo. III. c. 70, the duties on hats are re-
pealed.
Hawlcers and Pedlars^ 331
HAWKERS AND PEDLARS.
By 50 Oco. in. c. 41, the act 9 and 10 TF. II L
€. 27, and all former acts relating^ to the duties im-
posed thereby are repealed.
Hawkers to take out annually a license of £a.
and if travelling with a beast of burthen to pay
£a. for such beast, over and above the first men-
tioned J}4. s. 6. No hawker (not being a resi-
dent) to sell his goods by auction, under a penalty
of i:50. s. 7. "^ -^'^''■'^ hnc 7Jl£r:?i ijt
Packages, carts, or other vehicles of hawkers to
have the words " Licensed Hawker"' painted or
printed thereon ; and also on every room or shop in
which he shall trade, and on every hand-bill or ad-
vertisement which he shall publish, under penalty
of ^10. s. 14. the like penalty on persons using-
those words, not being duly licensed, s. 15.
Hawkers dealing in smuggled goods to forfeit
their license, s. 16.
Hawkers trading without a license, or contrary
thereto, forfeit ^10. or refusing to produce or
not having it to produce on demand to persons
duly authorized and shewing such authority, shall
forfeit the like sum, and on non-payment may be
committed to the house of correction as com-
mon vagrants, s. 17.
Persons lending out or hiring license, or trading
under colour of any license granted to another, to
332 Hawkers mid Pedlars^
forfeit ^40. but servants may travel with their
master's license for his benefit, s^ 19., .
A hawker refusing* to produce his license may
be seized and detained till the arrival of a pe^ce
officer, who shall carry him before, a justice (unless
he produces his license) who on path of one witnesgj
or by confession, may convict him in the penalty of
^40. and cause the same to be levied by distress
and sale of the offenders goods with which he is
found trading, and may in the mean time commit
him to the common gaol or hoiise of correction un^
til penalty and costs paid. s. 20. - . , ,o<:^^ 1 .
Constables or other peace officers refusing on no-
tice given to ti.em, or on their own yiew, to assist
in the execution of this act, to forfeit .£10.; ojj cgn-
yiction by confession or oath of one;pi:.;mprQ, witr
nesses before any justice of peace acting fpr thp
county, &c. where offence committed. ^.31. ,
This act not to affect the sale of printed papers
licensed by authority, or any fish, fruit, or victuals;
nor to hinder any worker or mak^v of goods^; or his
children, apprentices or agents usually residing
with him from carrying abroad or selling or eji-
posing to sale by retail or otherwise any goods
of his, her, or their own making in any mart, mar-r
ket or fair, and in every city, borough, town cor-
porate or market-town ; nor any tinkers, coopers,
glaziers, plumbers and harness-makers from going
about and carrying with them proper materials for
doing their work, ^.23.
HaivJcers and Pedlars. 333
Penalties not exceeding ^20. to be recovered
before one justice, on oath of one witness, or on
confession ; one moiety of such penalties to go to
the King and the other to the informer ; on non-
payment such justice may cause the same to be
levied by distress and sale of the goods with which
such offender is found trading, and may also com-
mit him to the common gaol or house of correction
until such penalty and costs are satisfied: jus-
tice may by warrant cause any offender to come
before him to answer any complaint, and may com-
mit him to prison until the hearing thereof, unless
he give recognizance with two sureties to appear at
hearing of such complaint, s. 25. The time of com-
mitment for any offence under this act not to ex-
ceed three months, s. 26.
Appeal allowed to the quarter sessions on the
appellant giving recognizance with two sureties in
the amount of the penalty and costs awarded, s. 27.
No conviction to be removed by certiorari^ except
upon appeal, s. 29.
Justices shall transmit to the commission ei'S for
licensing hawkers an account of all convictions,
and of all monies received for the use of His Ma-
jesty, and pay over the same to the clerk of the
peace of the county, s. 30.
Witnesses not appearing after having been duly
summoned, or refusing to be examined on oath, to
forfeit ^10. unless reasonable cause shewn, s. 3 2.
No hawker shall cany on his trad»i by retail iij
334 Hawkers and Pedlar^.
any town, parisli or place, he not being a resident
householder there, or the same not being his usual
pUce of abode ; nor sell goods in any city or mar-
ket-town^ or within two miles from the middle of
the most central market-place of any such city or
market-town by the most usual and common roads,
under penalty of ^10. 29 Geo. III. c. 26, s. l6.
but not to prevent any person from selling in pub-
lic markets or fairs, s. 17. This exception extends
only to sales in the public market on the usual
market days. 4 T. R. 274.
By 52 Geo. III. c. 108, to amend the act
50 Geo. III. c. 41, it is enacted, that no wholesale
trader or any of his servants shall be liable to the
penalties in that act for going from house to house
selling goods by wholesale only. s. 1. nor shall
persons be prohibited from carrying about coals in
carts, or on horses, mules, or asses, or selling the
same by retail, or be subject to any of the penalties
imposed by the said act. s. 2.
Information against a Hawker Trading vjithout a License.
to wit. Be it remembered, That on this day of
, in the year of our Lord 1817, A. B. of , who sues
as well for our Sovereign Lord the King as for himself in this
behalf, cometh before meS. P. Esq. one of His Majesty's jus-
tices of the peace in and for the county of -^ , and also to
hear and determine divers felonies, trespasses and other mis-
demeanors committed within the said county, and giveth me
the said justice to understand and be informed that one C. D.
late of , hawker of [describe the goods sold]^ did on the
day of instant, at the parish of in the said
county, unlawfully travel and trade with a cart drawn by one
Hawhers and Pedlars, 335
horse [or as the fact is], loaded with [describe the goods] for
sale, of which goods the said C. D. was not the real worker or
maker, nor the child, apprentice^ agent or servant of the real
worker or maker thereof, by way of hawking (as a hawker, ped-
lar, or petty chapman going from town to town or to other
mens' houses) and did then and there sell and expose to sale
the said goods to divers persons, on the day and at the parish
and place aforesaid, without having first obtained a license
from the commissioners or their deputies for the time being
authorized and appointed to grant licenses to hawkers, pedlars
and petty chapmen to travel and trade as aforesaid, and not
having such license ready to produce on demand to the said
A. B. contrary to an act of parliament passed in the 50th year
of the reign of his present Majesty King George III. intituled
** An Act for placing the Duties of Hawkers and Pedlars under
the management of the Commissioners of Hackney Coaches,"
whereby and by force of the said statute the said C. D. hath
forfeited the sum of ^10. for bis said ofifence, to bd distributed
as the law directs, according to the form of the statute in such
case made and provided; whereupon the said A. B. prays
judgment of me the said justice in the premises, and that the
said C. D. may be summoned to appear before me the said
justice to answer the said complaint and make defence theretOc
Exhibited and taken, the day and year
first above written, before me,
S. P.
Summons thereon.
To C. D. of in the county of , hawker of — — ■„
to wit. Whereas complaint and information hath been
this day made before me S. P. Esq. one of His Majesty's jus
tices of the peace in and for the said county, by A. B. in-
spector and examiner of hawkers and pedlars licenses, that you,
C. 1). late of in the said county, hawker of , did on the
dayof instant, at in the county of , unlawfully
travel and trade as a hawker, pedlar and petty chapman, with
a cart (drawn by one horse) loaded with for sale, by way
of hawking, and did sell and expose to sale the said — —,o(
which goods you the said C. D. was not the real worUev or
33G Hawhers and Pedlars.
maker, nor the child, apprentice, aj^ent or servant of thd real
worker or maker thereof, without having a license granted untd
you by the commissioners authorized and appointed to grant
licenses to hawkers, pedlars and petty chapmen, and not
Laving such license ready to produce on demand made by the
said A. B. authorized and appointed by the said commissioners
to demand such license, contrary to the statute &c. These
are therefore, in His Majesty's name, to will and require you
personally to be and appear before me or such other of His
Majesty's justices of the peace for the said county as shall be
then and tliere sitting at , the day of , at
o'clock in the noon, then and there to answer the pre-
mises as the law directs.
Given under my hand and seal the day of >■ ■ ■ -^ in the
year of our Lord I8I7.
Conviction for Ti-admg without a License.
to wit. Be it remembered. That on the day of
= , in the 57th year of the reign of our Sovereign Lord
George the Third, &c. at in the said county, one A. B.
couieth before me S. P. Esq. one of the justices of the peace
ill and for the said county of , and giveth me the said
justice to understand and be informed, that one C. D. on tlie
day of , in tlie year of our Lord 1817, was a hawker
and pedlar, and did go and travel from town to town with
horses, and to other mens' houses witiiin the kingdom of
England, carrying to sell and exposing to sale goods, wares
and merchandizes, to wit [describe tlie goods] of which the said
C. D. was not the real w^orker or maker, nor the child, appren-
tice, agent or sen^ant of the real worker or maker thereof ; and
tliat the said C. D. being a hawker and pedlar, and travelling
from town to town and to other mens' houses as aforesaid, and
carrying to sell and exj)osIng to sale such goods, wares and
merchandizes as aforesaid, on the day of , in the
57th year aforesaid, at aforesaid in the county aforesaid,
did carry to and sell and expose the same at aforesaid,
several goods, wares and merchandizes, to wit [describe the
articles], and was then and there found so trading as aforesaid,
without any license so to do, contrary to the form of the statute
in tlaat case made and provided, he the said C. D. not then
Hawkers and Pedlars. 337
being in any public mart, market, or fair, nor being the real
worker or maker of the said goods, nor the child &c. [as before],
and the said A. B. prays that the said C. D. may be convicted
of tlie offence aforesaid according to the form of tlie statute &c^
Whereupon afterwards, to wit on the day of , in the
57th year aforesaid, the said C. D. comes before me the said
justice, at aforesaid, in order to answer the said charge
contained in the said information, and having heard the same,
he the said C. D. is asked by me the said justice if he can say
any thing why he should not be convicted of the premises
above charged upon him in form aforesaid; and thereupon the
said C. D. saith that he Is not guilty of the said offence, but
doth not shew to me any sufficient cause why he should not be
convicted of the offence aforesaid ; and afterwards, to wit on
the day of aforesaid, in the 57th year aforesaid, E. F.
a credible witness in this behalf, cometh before me tlie said
justice, at aforesaid, and on liis corporal oath upon the
Holy Evangelists of God, now administered by me the said
justice (I the said justice having competent authority to ad-
minister the said oath), he the said E. F. deposeth and saith
that the said C. D. on the day of \state the informa"
Hon precisely]^ whereupon all and singular the said premises
being seen and fully understood by me the said justice, and
mature deliberation being had thereon, it manifestly appears to
me the said justice that the said C. D. is guilty of the premises
above charged to him by tiie said information; it is therefore
adjudged by me the said justice that the said C. D. be con-
victed and he is hereby convicted by me the said justice of the
premises aforesaid, and I do award and adjudge that the said
CD. hath for his said offence forfeited the sum of j^^lO. of
lawful money of Great Britain, one moiety thereof to the said
A. B. the informer aforesaid, and the other moiety thereof to
the use of His Majesty, according to the form of the statute
in that case made and provided. In witness whereof, I the
said wS. P. the justice aforesaid, to this record of conviction have
set my hand and seal, this day of , 181 7.
338 Hawkers and Pedlars,
General Form of Convidion, under Act 50 Geo. III. c. 41.
to wit. Be it remembered, That on the day of
, in the year of our Lord 1817, at in the county of
, A. B. came before me S. P. Esq. one of His Majesty's
justices of the peace for the said county, residing near the place
where the offence hereinafter mentioned was committed, and
informed me that C. D. of in the said county of — —^
\]iere set Jorth the fact for which the information is laid,']
whereupon the said C. D. being duly summoned to answer
the said charge, appeared before me, and having heard the
charge contained in the said information, acknowledged and
voluntarily confessed the facts therein stated to be true;
but in his [or hei-] defence, alleged [here set forth the
substance of the defence], (or voluntarily confessed the said
charge to he true, or did not make any defence against the
said charge), whereupon the same was fully proved on the
oath of E. F. a credible witness, (or said that he [or she] was
not guilty of the said offence;) whereupon the same was fully
proved on oath of E. F. a credible witness [or as the case shall
be] , (or did not appear before me pursuant to the said summons)
but the said charge was fully proved on the oath of E. F. a
credible witness [or as the case shall be], and therefore it ma-
nifestly appearing to me that the said C. D. is guilty of the
offence charged in the said information, I do hereby convict
him [or her] of the said offence, and do adjudge that he [ot
she] liath forfeited the sum of (or his [or her] license,
and the sum of ) of lawful money of Great Britain, to be
distributed as the law directs, according to the form of the
.statute in such case made and provided.
Given under my hand and seal &c.
S.P.
Distress Warrant.
To the Constable of the parish of .
to wit. Whereas C. D. of hath this day been
legally convicted before me, one of His Majesty's justices of
the peace for the said county, of selling several goods in the
parish of , and of being a trading hawker or pedlar with-
out license, or being otherwise legally qualified to do the same.
Hay and Stratu* 339
contrary to the statute in that case made, whereby he hath
forfeited the sura of <^10. These are therefore in His
Majesty's name to require and authorize you to levy the said
sum of i^'lO. by distress and sale of the goods and chattels of
him the said C. D. and to pay one moiety thereof to our So-
vereign Lord the King, and the other moiety thereof to the
said A. B. the informer of the said offence, according to the
direction of the statute in that case made and provided.
Given under my hand and seal, this day of , ia
the year of our Lord 1817.
S. P.
MAY AND STRAW.
No hay or straw to be sold in any market in Lon-
don, or within thirty miles thereof, except in
trusses, imder the penalty of 20s. for each offence.
36 Geo. HI. c. 88. 6-. 1.
Each truss sold between the 31st of August and
the 1st of June, to weigh 561bs. and between the
1st of June and 31st of August, being new hay,
6olbs. old hay 561bs. 6". 3; and straw 361bs.
each load of either to contain thirty-six trusses. —
The penalty for selling less weight, not more than
5s. nor less than 2s. 6d. per truss; and for every
truss of straw Is. but if a load or less quantity
sold, it is to be calculated upon the average weight.
Selling new for old hay, a penalty of 2s. 6d. per
truss, s. 4. and to be of one quality, under the pe-
nalty of not more than 5s. nor less than 2s. 6d. per
truss, and straw Is. s. 5.— The weight of the bands
not to exceed 5lbs. on pain of is. and Is. per lb.
above 5lbs. s. C, persons binding hay or straw
Z 2
340 Hay and Straw,
in light trusses, to forfeit 6d. for each truss, s. 7.
The penalty on salesmen buying and selling on
their own account, 5s. for every 561bs. of hay, and
2s. for every 361bs. of straw; and not exceeding ^5.
nor less than 50s. for each acre of grass or hay, s. 8.
and to send within seven days to their employers an
account of the time of sale, price of the hay, and
name of the purchaser, under penalty of not more
than 20s. nor less than 10s. s. 9.
No clerk or toll-gatherer to deal in hay or straw,
under penalty of 2s. 6d. per truss of hay, and is.
per truss of straw, s, 12. they are to keep pro-
per w^eights and scales, under a penalty of not more
than ^5. nor less than 10s. and the like penalty
for refusing to weigh hay, &c. when required, s. 13*
No penalty to be incurred unless weighed at or
before the delivery, s. 14. — Persons selling after
market hours to forfeit 6d. for each truss of hay,
and 3d, for straw, s. 15. — If persons having the
care of hay carts, &c, suffer them to remain in the
market, from Lady-day to Michaelmas after five
o'clock in the afternoon^ and from Michaelmas to
Lady-day after three o'clock in the afternoon, they
shall forfeit not exceeding 20s. nor less than 6s*
s. iG. — Horses not to remain fifteen minutes in the
market, under the like penalty, 6*. 17.
Buying hay, &c. in the way to market, to pay 5s.
per truss ; and buying to sell again in the market
the like penalty, s, l^.
Any person charging more to bis employer than
Hay and St 7' aw. 341
the actual money paid, to forfeit 5s. per truss of
hay or straw, s. 19. or delivering other than the
hay, &c. sold, to forfeit for hay lOs. and straw 5s.
per truss, s. 20. and the like penalties for fraudu-
lently increasing the weight, s. 21.
Seller delivering less than the number of trusses
agreed, or if driver shall secrete or deliver less than
the quantity, to forfeit ^^5. for every truss not de-
livered; and, if not paid on conviction before one
justice, he may be sent to the house of correction
for not exceeding three lunar months, unless sooner
paid, s, 22. Penalty for not bringing hay or straw
exposed for sale, and not sold, (the same being
lodged near the market), the next market day,
not more than ^5. nor less than 40s. s. 23.
Giving or receiving false receipts of the price of
hay or straw sold, to forfeit not more than .g^lO.
nor less than ^5. on complaint to one justice
within six calendar months, s. 24.
Penalties and forfeitures under this act to be re-
covered before one justice, who may summon the
parties, and hear and determine the complaint ;
and if penalty is not paid, may issue distress war-
rant and sell, unless paid within five days after dis-
tress; if no distress, may apprehend the party
and commit him to the house of correction for not
exceeding three calendar months, nor less than
fourteen days, unless the penalty and costs are
sooner paid; witnesses duly summoned, refus-
Z 3
342 Highways.
m^ to be examined, may be committed for not ex-
ceeding- fourteen days. 6". 26.
Salesman convicted of offence, (not being privy
to any fraud, &c.) may exhibit complaint against
his employer, and one justice may determine the mat-
ter, and award the money so paid by the salesman
against his employer, with costs of application; but
if the complaint is frivolous, the salesman to pay
such reasonable costs as the justice shall award.
s. 27.
A warrant of distress for any penalty, or to ap-
prehend, may be executed in any other county, by
indorsement of a justice where the party resides.
Appeal allowed to the quarter sessions on enter-
ing into recognizances, the party and two sureties
in ^10. each, and no certiorari allowed. All the
penalties to go to the prosecutor, s. 30.
Though this is a local act, it was thought neces-
sary, from its extensive operation, (thirty miles
round London), to give an abstract of it, particu-
larly as Burn does not.
(HEDGE-BREAKING. See " Wood:)
HIGHWAYS.
An highway is a road which is common to all the
King's subjects, whether it lead directly to a mar-
ket town or only from town to town, or communi-
cating with any great road. 3 Salk. 393. A navi-
gable river is the King's highway, for the use of
Highways. 343
himself and, his subjects. Loft, 556. what is
understood by a road is the surface of the ground,
and not the fences on each side. 2 T. R. 232. as
the owners of the land are bound to repair the fences
on each side, unless otherwise directed by statute.
3 T. R. 332.
The parish at large are liable to repair all high-
ways lying within it, unless by prescription they
can throw the burthen on particular persons, ratl-
on(ctenur(Z. 2 T. R. lo6'. but if such particular per-
sons become insolvent, the justices may require the
rest of the inhabitants to pay for such repair.
1 Ld. Ray. 725.
If a common highway lies in two parishes, two
justices on complaint of the surveyor may deter-
mine what part of the said highway shall be re-
paired by each parish ; the costs attending such
apportionment shall be settled by such two jus-
tices, and if not paid, either of such justices or any
other justice may levy the same by distress and
sale of the goods and chattels of any surveyor of
the highways refusing or neglecting to pay the
same. 34 Geo, III. c. 64, 6-. 1, 3, and such parishes
shall be bound to maintain and keep in repair such
parts of the said highways as shall be allotted to
them. s. 2. but either parish may appeal to the
next quarter sessions against such order of the jus-
tices, and the decision of the sessions to be final.
Persons may be bound to repair highways in res-
Z 4
344 Highiuays.
pect of inclosures of land wherein they lie, and also
by prescription. 1 Haw. c. 76, s. 7.
If a parish consisting- of two districts bound to
repair separately, be convicted for not repairing the
road in one of the districts, the other district hav-
ing no notice of the indictment is not liable to any
part of the fine to be levied on the district bound to
repair the indicted road. 1 Do?/g: 421.
The power of two justices under 13 Geo. III.
c. 78, to order any highway to be widened, extends
to roads epaired rationed, tenure. Cowp. 648.
A presentment by a justice of the peace under
13 Geo. III. c. 78, s. 84, of a nuisance in a high
way, must expressly allege the offence to be done
contrary to the form of the statute. 13 E. R. 258.
and a presentment under 5 Eliz. c. 13, s. 9, of a
highway being out of repair, is traversable. Burr.
Rep. 1530.
The prosecutor of an indictment for obstructing
a highway, must shew himself to be the party ag-
grieved to entitle him to costs under 5 and 6 ^Fhi.
and M. c. 11, ^. 3. 1 Mau. and Sel. 276.
A parish is not liable to be indicted for suffering
a highway to be muddy or too narrow, for the first
is no offence, and secondly, the parish has no power
to widen it. Ld. Ray. 11 69.
If a parish lies in two counties the indictment
for not repairing the highway must be brought
against the parish in the county where the ruinous
part of the way lies. 4 Burr. Rep. 2507. but if a
Highways. 345
parish be situate part in one county and the rest in
another, and the highway in one part be out of re-
pair, the indictment must be against the whole
parish, and not against the inhabitants of that part
only which is bad. 5 T, R. 498.
A certificate by justices of the peace that a high-
way indicted is in repair, is a legal instrument, re-
cognized by the courts of law, and admissible in
evidence after conviction, when the court is about
to impose a fine. 4 Durn and East's Rep. 6 19.
Justices shall hold a special sessions for the high-
ways in the week next after the Michaelmas quarter
sessions yearly*. 13 Geo. III. c. 78, s. 1. and shall
give at least ten days notice of the time and place
to the constables of the respective parishes ; and
two justices, within their respective limits, may,
whenever they think proper, hold a special sessions
and adjourn the same, causing notice by the high
constable to be given to the other justices residing
within such limits, s. 6l.
On the 22d of September, yearly, except it be
Sunday, and then on the day following, the consta-
bles, churchwardens, surveyors of highways, and
householders assessed to any parochial or public
rate, shall meet at the church, or if none, at the
usual place of public meeting, at eleven o'clock in
the forenoon, and the majority at such meeting
• The Michaelmas quarter sessions is the sessions held next after
Michaelmas Day, and by 55 Geo. III. c. 68, the jiibtites may hold
such sessions the week next after Michaehnas Dai/.
346 Highways,
shall make out a list of ten persons at least in each
parish to be surveyors of the highways, and a du-
plicate of such list to be sent to the justice near the
parish within three days after; also within the
same time notice is to be given by the constable to
the persons named in the list, for them to appear
before the special sessions to accept the office; the
original list to be returned to the said sessions, and
the justices from the lists shall appoint one, two or
more of such persons as they think qualified for
the office; and if not, then one, two or more other
substantial inhabitants or occupiers of lands, te-
nements, woods, tythes or hereditaments within
such parish, &c. or living within three miles there-
of, or within the same county. They should pos-
sess an estate of ^IQ. a year, ^loo. personal pro-
perty, or occupy a tenement of the yearly value of
^30. Each surveyor to continue in office a year,
and not to be liable again to serve for three years,
except by his own consent.
The magistrates are not bound to appoint per-
sons in the list, a discretionary power being given
them by the act 13 Geo. III. c. 78. but they may
be punished for a corrupt use of such discretion.
7 T. R. 169.
The constable shall notify to every person so ap-
pointed within three days after such appointment,
by serving him with the justice's warrant, or by
leaving the same or a true copy thereof at his
house*
Highiva7/s, 347
The penalty on persons so appointed whose
names are in the list, for not appearing at the
sessions and accepting the office, or not signifying
their acceptance in person or by writing to one of
the justices within six days after service of appoint-
ment, ^5. and if any person whose name is not in the
list, shall be appointed, and shall refuse or neglect in
like manner, without shewing sufficient cause to one
of the said justices, he shall forfeit 50s. If no list is
made and returned, or if persons appointed refuse
to serve, the justices may appoint at the said spe-
cial sessions, or within one month after, a sur-
veyor, with a salary payable out of the fines, forr
feitures, or assessments to be raised within the
parish ; and when such surveyor with a salary is ap-
pointed, the justice."? shall appoint one substantial
householder as assistant surveyor, who shall be
iined 50s. if he refuses to accept the office; and if he
accepts it, from 40s. to ^5. for neglect of duty.
Penalty on churchwardens, &c. not making out
lists, and on constables for not returning the same
to the sessions, 40s.
Justices to deliver to surveyors a printed abstract;
of the act. s. 70. and surveyor dying during the
year, the justices may appoint another, s. 5.
If two parts out of three of the persons assem-
bled for nomination of surveyors shall agree to ap^
point a person of skill and experience as a sur-r
veyor, with a salary, and shall return his name with
the list to the justices, such justices may, if they
348 Highways,
think proper, appoint such person surveyor, with
the salaiy mentioned in such agreement, s. 5.
By 34 Geo. II. c. 74, which explains and amends
the General Highway Act of 13 Geo. III. c. 78, it
is enacted, that any person keeping a team of three
or more horses, and not occupying above ^50. a
year in the parish, shall six days in every year, (if
necessary), send on each day and at every place to
be appointed by the surveyor, one cart, &c. and two
men, to perform statute duty in the parish, town-
ship or place where he resides, s. 4. and if occupy-
ing ^50. a year beyond the said yearly value in the
same parish or in any other parish than that in
which he resides; and every other person not keep-
ing a team, but occupying land of ^50. value, shall
in like manner and for the like number of days
send one cart, with three horses and two men, and
in like manner for every ^50. a year respect-
ively which every such person shall further occupy
in any such parish, &c. such carts, &c. to be em-
ployed by the surveyor in repairing and amending
the highways within the parish, &c. where such
lands lie. s. 4.
Any person 7iot keeping a team, but who shall
occupy lands, &c. under the yearly value of ^50,
in the parish where he resides, or in any bther
parish or place ; and every person keeping a team
and occupying lands, &c. under the yearly value of
^50. in any other parish, &c. than that wherein he
resides, shall respectively pay to the surveyor in
Highways, 349
lieu of statute duty the sums following;: — Id. for
each day for every 20s. of the annual value of such
lands, &c. and id. for every 20s. of the annual va-
lue of such lands which he shall occupy m any such
parish, &c. above the annual value of ^50. and
less than ^100. and so for every 20s. that
each progressive and intermediate annual value
of 20s. which he shall so occupy shall fall
short of the further increase of ^50. in every
parish, &c. where such landSj &e. lie, for every
day's statute duty. Ibid, but no person keeping
such team and performing the duty, not occupying
lands, &c. of ^30. yearly value, shall be obliged to
send more than one labourer with his team ; such
sums to be deemed a composition, and may be re-
covered by the surveyor on summoning the de-
faulter to the petty sessions; two justices there
may order the payment, and levy the same by dis-
tress and sale, or discharge the rate on proof of
indigence, s. 5. Persons who shall not keep a
team, but shall keep one or more cart or carts and
one or two horses, shall perform statute duty with
one labourer to attend each cart, or pay for the
lands, &c. he occupies according to the rate after
mentioned, s. 2.
Any person keeping a coach or post chaise, and
not a team, nor occupying ^'50. a year, shall pay
Is. for each day's statute duty for every horse ha
shall draw in such carriage, or pay according to
the value of the lands he occupies, at the option of
350 Highways.
the surveyor. — If teams not deemed necessary, the
party liable shall send to work for every one so
spared, three able men, or 4s. 6d. in lieu, at the op-
tion of surveyor. Ibid. By 26 Geo. III. c. 107,
militia-men are exempt from statute duty. Where
the employment of teams is of such sort that two
horses will be sufficient for one cart, or where a
stand cart with one horse shall be necessary, the
surveyor may require any person liable to send a
team, who keeps one or more cart or carts and
three or more horses, to send such cart or carts,
horse or horses, to perform his statute duty as sur-
veyor shall find most convenient, and he shall allow
every such stand cart and one horse as half a team,
and every cart and two horses as two-thirds of a
team; and if a v/ag^gon shall be found necessary
for any particular business, the surveyor may re-
quire the duty or part thereof to be performed with
such wagg-on by any person who keeps one ; which
directions of the surveyor shall be observed, or the
person liable to perform such duty shall forfeit
such sum as the duty so required of him shall bear
in proportion to the forfeiture inflicted for every
neglect in performing duty with a team, &c.
13 Geo. HI. c. 78, s. 36.
Persons liable to statute duty may compound by
paying to the surveyor such sum as the justices at
the Michaelmas sessions in every year may judge
reasonable, not exceeding 12s. nor less than 3s. for
each team per day ; and in default of their adjudg-
Highway^. 351
iVi<^, then in lieu of each day's duty for each team, 6s.
For every cart with two horses, not exceediui^ 8s.
nor less than 3s. and in default of their adjudging
the same, the sum of 4s. for each cart with one
horse, not exceeding 6s. nor less than 2s. and in
default of their adjudging the same, the sunt of 3s,
in lieu of each day's duty. 44 Geo. III. c. 52, s. 2.
Justices may order labourers to perform six days
labour on the highway on being paid the usual
wages, s. 6. and they may direct statute duty to be
performed in kindj except in respect of such teams
as belong to persons who do not occupy jOso. a
year. 34 Geo. III. c. 74, s. 6.
If part only of teams or labourers are requiredj
the names of persons liable to statute duty shall be
drawn by ballot at a public vestry, and the persons so
drawn shall do the duty in kind for the year. Ibid,
Justices may reduce the duty or composition on
any person keeping a team and not occupying
lands, &c. of ^30. a year in the parish, &c. where
he resides, who shall in part maintain his horses ort
lands which he shall occupy in an adjacent parish.
13 Geo. III. c. 78, s. 40.
Two justices at a special or petty sessions (hav-
ing first given notice to surveyor to appear) may
exempt any poor and indigent person from pay-
ment of any rates, assessments, or composition for
repair of the highways. 34 Geo. III. c. 74.
Surveyor on some Sunday in November yearly
to give ten days notice at least in the church, and
352 Highwai/s.
repeat the same the next succeeding Sunday, of the
time and place where persons inclined to com-
pound may signify their intention, and every such
person so signifying the same, who shall then oi*
within one calendar month after pay the said com-
position to the surveyor, shall be discharged from
performance of statute duty; no composition to
be permitted unless paid within the time aforesaid.
If toll-keeper neglects to weigh waggons, &c.
B B 3
3/4 Highways (Timipike.)
which he has reason to believe carry greater weights
than allowed, he shall forfeit £b. s, 2. and driver
not being above 300 yards beyond the toll-gate re-
fusing to return, 40s. s. 4.
No waggon or other four-wheeled carriage, hav^
ing the sole or bottom of the fellies of the wheels
Dine inches broad shall pass on a turnpike-road
with more than eight horses, nor any two-wheel
carriage with more than five horses ; such horses
to draw in pairs (except an odd horse, and except
where the number of horses shall not exceed four),
and no waggon, &c. having the sole, &c. of the fel-
lies six inches broad to pass with more than six
horses; nor any cart with more than four horses;
and no waggon, &c. having the fellies less than six
inches to pass with more than four horses; nor any
cart,&c. with more than three horses, under penalty
of ^5. to the owner, and 20s. to the driver not be-
ing the owner, s. 67. Two oxen, &c. to be consi-
dered as one horse. Ibid. Information to be laid
within three days.
Justices may authorize an increased number of
horses in particular situations, &c. ^.18.
Waggons, &c. having the sole or bottom of the
fellies of less breadth than nine inches, not to be
drawn by horses in pairs, except carriages drawn by
two horses only. s. 20. Offenders to forfeit not ex-
ceeding ^5. nor less than 20s. s. 21.
By 52 Geo. III. c. 145, the exemption from tolls
is extended to every waggon, cart or other car-
Highways (^Turiijyihe.^ 375
riag^e, and to the cattle drawing the same, going
empty or loaded only with implements neces-
sary for more convenient carriage, or loading or
unloading manure, s. 1. but to prevent fraud, the
tolls on empty carriages to be first paid and after-
wards returned. Collector of tolls refusing to re-
turn toll, to forfeit not less than 10s. nor more than
40s. on conviction before one or more justices, and if
same be not paid, offender may be committed to
gaol for not exceeding one month, s. 2. Appeal al-
lowed to the justices where the offence is commit-
ted. *. 3.
Four-wheeled carriages attached to waggons, &c*
to be liable to same toll as if drawn by two horses ;
and two-wheeled carriages so attached, to the
same toll as if drawn by one horse; but if any
goods or other articles, except the harness or ne-
cessary package, are carried thereon, then they are
liable to double toll. s. 7.
By 53 Geo. III. c. 82, no toll shall be demanded
for carriages laden with manure for land, or the
cattle drawing the same, by reason of any empty
basket or sack, spade, shovel or fork being therein
in addition to such manure, s. 2.
The clause in 52 Geo. III. c. 145, exempting
from toll carriages going with dung or returning
empty on the same day, not to prevent the opera-
tion of any local act which grants the exemption
without such restriction. 6". 3.
Owners of waggons, &c. not having their christian
B B4
3/6 Highways (Turnpike.}
and surnames painted with the words Common Stage
Waggon (or Cart, as the case may be) and usin^
such on the turnpike road without such names, &c.
or putting a fictitious name or residence, to forfeit
not more than ^5. nor less than 20s. for every
otfence. 13 Geo. III. c. 84, s. 6'8. and driver to for-
feit not exceeding- ^5. nor less than los. *. 21.
If the driver of any cart, car, dray or waggon
shall ride thereon in any street or highway, not
having a person on foot or on horseback to guide
the same (carriages conducted by a person holding
the reins of the horse drawing the same excepted);
or if the driver of any carriage shall by wilful neg-
ligence or misbehaviour cause any hurt or damage
to any person or carriage passing on any street or
highway. Or shall quit the highway and go on the
other side of the hedge or fence inclosing the same,
or wilfully be at such distance from such carriage
whilst it shall be passing on the highway so that he
cannot have the direction thereof, or shall by neg-
ligence or w ilful misconduct hinder or interrupt the
passage of any other carriage on the said highways;
ov if the driver of any empty waggon, &c. shall re-
fuse or neglect to make way for any coach, chariot,
chaise, loaded waggon, cart or other carriage; or
if any person shall drive or act as driver of any such
coach, post-chaise or other carriage let for hire, or
waggon, w"din or cart, not having the owner's name
painted thereon, or shall refuse to discover the
same, he shall on conviction, by confession, view of
Highways CTurnpiJce.J 377
a justice, or oath of one witness before one justice,
forfeit not exceeding lOs. if not the owner, and if
the owner, not exceeding- 20s. in default of pay-
ment he may be committed to the house of cor-,
rection for not exceeding- one month, unless pe-
nalty sooner paid ; such driver offending in either
of the said cases may be apprehended by any
person seeing the offence committed, without war-
rant, who shall deliver him to a peace officer to be
conveyed to a justice; and if any driver shall refuse
to discover his name, he may be committed to the
house of correction for not exceeding three n^onths,
or he may be proceeded against for the penalty by
a description of his person. 13 Geo. Ill, c. 84,
s. 40.
Turnpike surveyor to cause the statute duty and
composition to be done and laid out within his dis-
trict, under penalty of 40s. for each offence, s. 32.
and not to get stones on common fields or inclosed
lands without consent of the occupier or license
from a justice. s.6l. and satisfaction to be made
by the trustees, s. '/l.
Surveyor to forfeit ,^10. and be incapacitated
if he hath any share in a contract for work or ma-
terials. 6-. 36".
Where there are several turnpike roads withia
the same parish, justices may apportion the sta-
tute duty to be performed by each. s. 32.
If turnpike road presented or indicted, and the
court shall impose a fine for the repair, the same
37^ Highways (^Turnpike.)
^fith costs shall be apportioned between the inha-
bitants and the trustees, s. 33.
In cases where the statute duty may be dispensed
with on turnpike roads, the whole or part of such
duty may be performed on highways not being
turnpike, within the same district, at the discretion
of the justices at a special sessions, s. 58.
Surveyor suffering rubbish, &c. to remain for
four days within lo feet on either side of the mid-
dle of the road, to forfeit 40s. ^. 3/.
Any person making any hedge, ditch or fence on
any turnpike road within 30 feet from the middle,
or breaking up the soil, or turning his plough or
barrow on any ground within the distance of 15 feet
from the middle of such road, to forfeit 40s. and
the trustees or any five of them may cause such
hedge, &c. to be pulled down or filled up at the ex-
pense of the owner; and one justice may levy the
expense of taking down the same, as well as the
penalty, by distress and sale. s. 38.
If farmer of tolls take a greater or less toll than
he ought, he shall forfeit ^5. and the contract, if
trustees think fit, shall be vacated; every other
gate-keeper taking a greater or less toll, to forfeit
40S. ^.31.
If trustees erect or continue a gate, having no
power, the justices in sessions on complaint may
hear and determine the same in a summary way^
and order the sheriff to remove it. ^. 51.
Highways (Turnpilie.) 3^9
Persons destroying or defacing direction posts,
blocks, mile-stones, or parapets of bridges, to for-
feit not exceeding ^5. nor less than lOs. on con-
viction before one justice on view^ on the oath of
one witness ; in default the offender to be com-
mitted to the house of correction to be whipped
and kept to hard labour for not exceeding one ca-
lendar month nor less than seven days. s. 39,
Surveyor not erecting same within three months
after directions to be given, shall forfeit 20s.
$. 41.
A penalty of <^5. is incurred for evading the
toll, by unloading goods, &c. before the carriage
arrives at the weighing engine; the driver, not
being the owner, maybe committed to the house of
correction for a month, s. 10. and the penalty on
the owner endeavouring to avoid the weighing en-
gine, from 20s. to ^'5, and on driver from 10s.to50s.
s. 11. And any person taking out horses from a
carriage, or causing the distance of the wheels to
be altered, so as to avoid the toll, shall forfeit ^5.
on conviction before one justice, on oath of one
witness. ^.17.
Fraudulently taking the benefit of exemptions,
to forfeit not less than 40s. nor more than ^5.
s. 28.
Persons forcibly opposing the execution of this
act, assaulting any collector, passing without pay-
ing the toll, obstructing the measuring of wheels,
rescuing goods distrained^ or constable neglecting
380 Highways CTurnpike.J
to execute a warrant, shall forfeit not exceeding
^10. nor less than 40s. and if not paid, commit- .
ment to gaol or house of correction, for not less
than three months, unless sooner paid. s. "Jb,
All penalties and costs, if not otherwise directed
by this act, to be levied by distress and sale, by
w'Hrrant of one justice, on conviction by confession
or oath of one witness ; half the penalty to the in-
former and half to the surveyor for the use of the
turnpike road, unless otherwise directed; and in de-r
fault of distress, offender to be committed to the
common gaol or house of correction for not ex-
ceeding three months, unless penalty sooner paid.
Inhabitant may be a witness, s. 74. and justice
may act though he is a creditor or trustee. Ibid.
If offender live out of the jurisdiction of any jus-r
tice, any other justice may on request levy the
same, or commit as aforesaid, s. "jQ. but no distress
warrant to issue till six days after conviction and
order for payment served, s. "j^.
Surveyor or other person receiving salary being
informerj penalty to be applied to amending the
roads. ^.78.
No proceedings to be quashed for want of form,
or removed by certiorari. 6. 82.
Persons aggrieved, where no other remedy is ap-
pointed, may appeal to general quarter session, giv-
ing notice to the justice of his intention within six
days after cause of complaint arose, and within
four days after such notice^ entering into recogni-
Highways. 381
zance with one surety to try such appeal; justice
on notice of appeal to return all proceedings to
the sessions, under penalty of ^5. s. 82.
Provided that no appeal shall be made ag-ainst
any conviction, unless the party convicted shall at
the time of conviction if present, or if absent
within six days, give notice of his intention, and at
the same time enter into recognizance or give se-
curity to pay such penalty in case conviction shall
be affirmed, and on giving such security, all further
proceedings to be stayed until appeal determined.
s. 83.
Warrant to the High Constable to issue Precepts to Petty
Constables for return of Lists of Surveyors.
To the High Constable of the Hundred [or Division] of — — .
in the county of .
to wit. In order to carry into execution an aCt made
in the 13th year of the reign of His Majesty King George the
Third, for the amendment and preservation of the public
highways, These are to require you forthwith to issue out your
precepts to all and every the petty constables of tlie several
precincts, hundreds, and places within your said division [or
hundred] of , thereby requiring them forthwith to give
public notice to the churciiwardens, surveyors of the highways,
and householders being assessed to any parochial or public rate
within their respective parishes, hamlets, or places, that they
do assemble on the day of September, 1817, at the church
or chapel, or if there should be no church or chapel, then at
the usual place of public meetings within their respective li-
berties, at the hour of eleven in the forenoon; and that the
major part of them so assembled do make a list of the names
of at least ten persons living therein, who each of them have an
estate in lands, tenements, or hereditaments, lying within the
382 HigJavays,
same, in their own right, or in right of their wives, of the value
«f .£U). by tlie year, or a personal estate of the value of
^100. or are occupiers or tenants of houses, lands, tenementsj
or hereditaments of the yearly value of j^30. And if there
should not be ten persons having such qualifications, then that
they do insert in such list, the names of so many of such per-
sons as are so quaHfied, together with the names of the most
sufficient and able inhabitants, not so qualified, as shall make
up the number ten, if so many can be found; if not, so many
as shall be there resident, to serve the office of surveyor of
the highways : and the said several petty constables are also
severally required, within three days after making the said
list, to deliver a copy thereof to one of the justices of the
peace of the said living in or near the same — — , and
also to give personal notices to, or cause notices in writing to
be left at the places of abode of the several persons contained
in such list, informing them of their being so named; to the
intent that they may severally appear before us, and such other
of His Majesty's justices of the peace of the said , at a
Special sessions to be holden at within the said , on
the day of now next ensuing, at the hour of ■
in the forenoon of the same day, to accept such office if they
shall be appointed thereto, or to shew cause, if they have any,
against their being appointed ; and the said petty constables are
likewise to give notice to the present surveyors of the high-
ways within their respective , to appear at the same time
and place, and then and there deliver in an account in writing
upon oath before the said justices then and there assembled, of
all the sum and sums of money by them received and paid as
surveyors of the highways, and of every other matter and thing
relating to and concerning the said office: and the said several
petty constables are personally to appear before the sard jus-
tices, at their special sessions, and then and there severally
deliver to the said justices, the said original list or lists taken
within their resj)ective , and you the said high constable
are then and there also to attend, to give an account Qf the
execution of this our warrant.
Given under our hands and seals &c.
JtlighwaT/Si 383
List of Persons io be returned to Justices.
A List of the several Persons named for Surveyors of the
Highways, for the parish of • in the county of ,
at a meeting held at - — - in the said county, the =
day of September 1817.
A. B.
C. D. &c.
[ The folloioing to be added when a particular person is
• recommended.]
We whose names are hereunto subscribed, being
two parts In three of the persons assembled at the meeting
aforesaid, do agree in the choice of L. M. as a fit and proper
person to serve the office of surveyor for the parish of
aforesaid, and in the allowance to him of J^ — ■ — . for his
trouble in executing the same for the year ensuing, and we do
recommend the said L. M. to the justices for their appointments
Notice to the Persons in tJie List,
Mr. A. B. of the parish of ,
Take notice, that you were, at a meeting held at
, on the day of September instant, named as one of
the persons to be returned to the justices as fit to serve the
office of surveyor for the said parish for the year ensuing; and
if you have any cause to shew why you should not be ap-
pointed to serve such office, you must make the same appear
before the justices at their special session, to be holden at — — «
in the said county^ on the day of next.
CD. Constable,
Appointment of Surveyor.
to wit. At a special sessions held at — — in the
division of ' In the county of — — , by us whose names and
seals are hereunto set and affixed, being justices of the peace
for the said on the day of 1817, we do hereby
nominate and appoint you, A. B. of iu the said division.
38 i Highways,
surveyor of the highways within the said for the year en-
suing, [and if appointed with a salary, add — and we do allow
the said A. B. the salary of ^ for his trouble], and you
the said surveyor are faithfully and truly to execute the said
office, according to the directions of the statute passed in the
13th year of the reign of His Majesty King George the Third,
and of the several subsequent statutes, for the amendment and
preservation of the highways ; an abstract of the material parts
of which statutes is hereunto annexed, and which we hereby
give you in charge.
Given under our hands and seals, the day and year above -
mentioned,
J. C.
S. p. &c.
Appointment of an Assistant Surveyor.
At a Special Sessions, held at , in the division of ,
by J. C. S. P. &c. Justices of the Peace for the county of
, acting within the said division, on the day of
• , 1817.
to wit. We do hereby nominate and appoint C. D. a
substantial inhabitant of the parish of in the said division,
assistant to A. B. whom we have appointed surveyor of the
highways for the said parish, and you the said C. D. are, to the
best of your skill and judgment, to assist the said surveyor,
whenever requested by him, in calling in and attending the per-
formance of the statute duty, in collecting the compositions,
fines, penalties, and forfeitures, and in making and collecting
the assessments, and in making out and serving the notices
authorised by the acts passed in the 13th, 34th, and 44th
years of the reign of His present Majesty King George the
Third, *' For the Amendment and Preservation of the High-
ways," and In such other matters and things as shall reason-
ably be required of you by the said surveyor, in the execution
of his office of surveyor, pursuant to the said act; and you are
justly and truly to account witii, and pay to the said surveyor,
or to his order, the money which shall come to your hands by
the means aforesaid.
Given under our hands and seals the day and year above-
mentioned,
J. C.
S. p. &c.
Highways, 335
Notice of Application for a general Assessment,
to wit. Notice is hereby given, that apph'cation will
be made to the justices of the peace acting for the hundred [or
division] of '— in the said county, at their special sessions
to be held at in the said county, on the day of ,
1817, for an equal assessment to be made, not exceeding
in the pound, upon all and every the occupiers of lands, tene-
ments, woods, tytiies, and hereditaments within the of
, for the use and benefit of the highways within the
said . Dated this day of , 1 817-
C. D. Surveyor.
Order for a general Assessment.
At a Special Sessions for the Highways, held at in the
Hundred [or Divisionl of in the County of ,
the Day of , 1817, by Justices of the Peace for
the said County, acting within the said Hundred [or
Division] .
to wit. Upon application made to us by the surveyors
of the highways for the of , and upon evidence
given upon oath before us tliat the duty directed to be per-
formed and tiie money authorized to be collected and received
by an act passed in the tiiirteenth year of the reign of His
Majesty King George the Third, " For the Amendment and
Preservation of the Highways," have been performed, ap-
plied, and expended, according to the directions of the said
act, [or upon evidence given upon oath before us, ice arefidhj
saihified that the common highways, bridges, streets, and pave-
ment's-, belonging to the said oj' are so far out of order
that they cayviot be siif/rciently amended and repaired, paved,
cleansed and supported by the means prescribed by an act
pasml in the I3th year ^c. '' For the Amendment and Pre-
senation of the Highcnys."] And it aj^pearing to us that
notice had been duly given of such intended application, ac-
cording to the direction of the said act, we do hereby order and
appoint that an equal assessment, not exceeding — ' — in the
pound, upon all and every the occupiers of lands, tenements^
C c
386 Higliwar/s.
woods, tytlies, and liereditaments within the said of — — ,
shall be forthwith made by the surveyor and collected by him ;
and that the money so to be assessed and collected shall be
applied for and towards the amending, repairing, paving,
cleansing and supporting such highways, causeways, streets,
pavements and bridges, and for other purposes, as directed by
the said act.
Given under our hands and seals &c.
Notice of Time and Place for Composition.
Notice is hereby given, That all persons who
are inclined to compound for tlieir statute duty within the
of , are hereby required to signify their intention to
compound for the same to the surveyor of the highways for the
said , at the house of , on the day of
in the year of our Lord 181/, between the hours of
and , and they are hereby required, 'at the same time or
within the space of one month after, to pay their composition
money to the said surveyor: — And also that all persons who
are liable to pay for the lands and tenements, woods, tythes
and hereditaments which they occupy, or in lieu of their duty
within the said , according to the act made in the 13th
year of His Majesty King George the Third, " For the Amend-
ment and Preservation of the Highways," are required to pay
the same to the said surveyor on the day or within the time
aforesaid. Dated this day of 1817.
C. D. Surveyor.
Notice to perform Statute Duty (to be given four Days befon
the Day it is to be performed) ,
Mr. E. F.
You are hereby required to send a team, with
I wo able men, to within the of , on the
day of and the following days, at o'clock
In the morning of each day, in order to perform such duty
upon the highways within the said as shall be required
by me the surveyor, pursuant to the direction of the act passed
in the 13th year of the reign of His Majesty King George the
Third, " For the Amendment and Preservation of the
Highways," Dated thi:i day of . 1817.
CD. Surveyor.
Highiuays. 387
The like for personal Labour.
Mr. E. F.
You are hereby required, by yourself or a suf-
ficient labourer, to attend at within the of ,
on the day of and the following days, at
o'clock in the morning of-each day, in order to perform
such duty upon the highways within the said — - — as shall be
required by me the surveyor, pursuant to the direction of the
act passed in tlie 13th year of the reign of His Majesty King
George the Third, " For the Amendment and Preservation of
the Highways." Dated this day of , 1817-
CD. Surveyor.
To A. B. of
Notice to remove Nuisances.
In pursuance of the directions given by the act
passed in the 13th year of the reign of His Majesty King
George the Third, " For the Amendment and Preservation of
the Highways," I the surveyor of the highways for the parish of
do hereby give you notice forthwith to remove the [dung,
timber, stones, ^'C. as the case may he] , placed by you in a
certain part of the King's highway, lying between and
in the of , to the obstruction and annoyance of
the said highway. Dated this day of , 1817.
CD. Surveyor.
Notice from Surveyor to prune Hedges, scour Ditches, l^c.
ToA. B. of .
In pursuance of the directions given by the act
passed in the 13th year of the reign of His Majesty King
George the Third, " For the Amendment and Preservation of
the Highways," I the surveyor of the highways for the of
do herel)y give you notice forthwith to cut, prune and
plash the hedges, and cut or prune the trees, and to open,
cleanse and scour the several ditches and water-courses be-
longing to you in or near the highway, lying between
and , to the intent that the water may be drained from the
said highway, and that the sun and wind may not be excluded
from such highway, to the prejudice thereof. Dated this
day of , 1817-
CD. Surveyor.
C c 2
388 Ilighwai/s,
Order for Uie Occupier for, in defaiilt, Surveyor), to prune and |
plash Hedges ^-c. ■
At a Special Sessions relative to the Highways, , held at ;
in the county of , on — — the day of
by Justices of the Peace for the said county, acting within
tiie of .
— • — to wit. It appearing to us, upon evidence this day
received, that E. F. of &c. hath had due notice from the sur-
veyor of tiic highways for the said — — , to cut, prune and plasii
Ins hedges adjoining , and to cut, prune and lop the trees
growing in and near such hedges, in such manner that the
highvvays may not be prejudiced by the shade thereof, and that
the sun and wind might not be excluded therefrom, to the
damage thereof, (pursuant to the statute made in the thir-
teenth year of the reign of His present Majesty), but that he
hath not complied with such notice or with the requisites of
the said act.
Now upon hearing the said surveyor, and upon due proof
thereof made to us of the said E. F. having been duly sum-
moned to attend here at o'clock to answer the said
complaint; and he having made default in his appearance, and
upon duly considering the circumstances of the case, we do
order, that such hedges be cut, plashed and pruned so as not
to exceed the height of from (he surface of the field, and
that all such trees as grow in and near such hedges in the
grounds occupied by the said E. F. near the said highway, be
cut down so that the sun and wind may not be excluded from
such highway; and we do further order, that in case the said
E, F. shall not obey this order within ten days from the date
hereof, that then C. D. the said surveyor is hereby required to
cut, prune and plash such hedges, and cut down such trees in
manner directed by this order, and to proceed against him the
said E. F. immediately afterwards, for recovery of the penalties
and charges lie will thereby incur.
Given under our hands and seals the day and year first above-
written,
J. C.
S. p. &c.
Highivays. 389
Jllowance of the Charges of the Surveyor for pruning Hedges
5jT. the Owner neglecting.
to wit. Whereas complaint liath been made unto me
S. P. Esq. one of His Majesty's justices &c. by the oath of
C, D. surveyor of the highways for the of in the said
county, that A. B. of &c. having had due notice to cut and
prune his liedges, and cleanse and scour his ditches and water-
courses within or adjoining to the public highway between
and , hath neglected to do the same within the time re-
quired by such notice ; and that the said C. D. hath caused the
same to be cut, pruned, cleansed and scoured, pursuant to
the directions of the act passed in the 13th year of the reign of
His Majesty King George tlie Third, " For tiie Amendment
and Preservation of the Highways," and hath expended therein
the sum of ^ as appears by an account now produced to
me, which account I think just and reasonable, and do therefore
allow the same and hcreliy order the said A. B. to pay the said
sum of ^"^ to the said C. D. within six days from tlic time
of his being served with this order.
Given under my hand and seal &c.
Order to Surveyors to Repair Highways,
At a special Sessions held at in the of in the
county of , the day of , 1 B 1 7? by Justices
of tlie Peace for the said county, acting within the
said .
To the Surveyors of the Highways for the of in the
said
to wit. It appearing to us, That tiie highway lying
between and within your liberty, is very founderous
and in bad repair, and being of great public use, we do hereby
order that you repair or cause the same to be repaired before
the day of next.
Given under our hands and seals, this day of , in
the year of our Lord 1 S 1 7 .
J. C.
S. P. &c.
C c 3
390 Highways.
Justices' Precept to the Surveyors to make a Return of the
State of the Highways,
To the Surveyors of the Highways of the of in the
county of .
to wit. These' are in His Majesty's name, and in
pursuance of the act of parliament, to require you forthwith to
take a view of all the roads, common highways, t»ridges, cause-
ways, pavements, hedges, ditches and water-courses apper-
taining to, and of all nuisances and encroachments made upon
the highways in your said parish of which you are surveyors, ,
and to make a return in writing upon oath at a special sessions ji
appointed to be held at , on the day of at
twelve o'clock at noon, of the state and condition of such
highways, and more especially of such faults and defects
therein as want to be amended and repaired, and of the neglect
of labourers and teams for the amending such highways, and of I
those that are obliged to find labourers for the use aforesaid, of '
which you are not to fail.
Given under our hands and seals this day of , in
the year of our Lord 1817.
J. C.
S. P.
Surveyors' Return of tJie State of the Highways.
-to wit. A. B. and C. D. surveyors of the highways for
the parish of , do hereby certify, that we have in pursuance
of a warrant to us directed, taken a view of all the roads, high-
ways &c. within our said parish, and that the same are in good
repair, that His Majesty's subjects may pass and repass with-'
out danger; and that there are no nuisances or encroachments
thereon.
Sworn the day of , 1817, before us,
J. C,
S. P.
High ways. 391
High Constable's Precept to Petty Constables to issue Pre-
cepts for Surveyors to make Returns as to the state of the
Roads.
To the Constable of .
to wit. By virtue of a precept from His Majesty's
justices of the peace acting in and for this county, to me di-
rected, yon are hereby required forthwitli to give notice to the
surveyors of the highways within your precinct, that they must
attend in person at a special sessions to be held at , on
the day of at o'clock in the noon".
and make a return in writing of the state of their highways,
and of their having duly collected the compositions and called
in the statute duty, and of all persons making default therein.
And you are then and there to attend, and make a return of
your due execution hereof, and of all things presentable be-
longing to your office, and enquirable at the next quarter
sessions. Herein fail not at your peril.
Giv^n under my hand this day of , 1 8 1 7-
W. S. High Constable.
Justices' Precept for erecting Guide Posts, ^-c.
At a Special Sessions held at for the dirision of in
the county of , before Justices of the Peace for the
said county, acting within the said division^ on the
day of , 181/.
To the Surveyor of the parish of in the said county.
to wit. You are hereby required forthwith to erect or
cause to be erected in the most convenient place upon the
highway lying between and within your liberty,
where the roads cross or branch out, a guide post, with proper
inscriptions painted on both sides thereof, in large legible
letters, denoting the towns of and [or other places^
as the justices shall think fit], and you are allowed to charge
C C 4
392 Iligliways,
the reasonable expenses of providing and erecting the same in
your accounts. [Or \f graduated stones or posts are necessary
to prevent accidents by iiatcr, say — in tlie most convenient
place upon the highway, at the approach or entrance on each
side of the ford or water called , graduated posts to denote
tlie depth of water in the deepest part thereof, through which
such highway passes.]
J. C.
S. P.
License from Justices to get Materials for the Repair of the
Highways in another Parkh.
At a Special Sessions held at for the of in
the county of by Justices of the Peace for the said
county, acting within the said , on the ■ day of
, 1817.
to wit. It appearing to us, upon evidence this day
received, that sufficient materials cannot conveniently be liad
within the waste lands, common grounds, rivers or brooks,
nor in the enclosed lands or grounds lying within the. of
in the said , for the repair of the highways within
the same, nor in the waste lands, common grounds, rivers or
brooks within the of. adjoining to the said of
, We do hereby give our license to the survevor of the
said of to search for, dig, get and carry sand,
gravel, chalk, stone and other materials within the enclosed
lands or grounds of within the said of , to be
employed in the repair of the highways within the said ■
of , it appearing from evidence laid before us that there
are proper materials within the said lands for the purposes
aforesaid, lying convenient to the said highways ; and that
after such materials shall be so taken, there will be sufficient
left for the use of the highv.ays within the said of ,
upon the said surveyor's making satisfaction and recompense
for the same, in the manner directed by the act passed in the
thirteenth year of the reign of His JNIajesty King George the
Third, " For the Amendment and Preservation of the High-
ways," subject to such restrictions as are therein contained.
Given under our hands and seals the day and year above-
•written.
J. C.
S. P.
Highivai/s. 393
Application of a Surveyor to a Justice for license to take Stones
from Lands, being private Property, Occupier refusing his
consent.
to wit. Be it remembered, That on the day of
__ — ^ 1817, at in the said county, C. D. surveyor of the
highways within the parish of in the said county, in his
proper person cometh before nie S. P. Esq. one of His Ma-
jesty's justices of the peace in and for the county aforesaid
and complainetli that he hath applied to A. B. of for his
consent to gather stones from a certain field called , being
the freehold of the said A. B. and now in his actual occupation
within the said parish of , for the ])urpose of repairing
and amending the highvvays within the said parish. And fur-
ther, upon his oath the said C. D. informeth me the said jus-
tice that the said stones are necessary materials for the repair
of the highways, and that proper materials cannot otherwise be
procured, and that the said A. B. hath refused to permit the
said stones to be so gathered; wherefore the said C. D. prayeth
the order of me the said justice in the premises, according to
the form of the statute in such case made and provided.
CD.
Exhibited before me, the
: day of , ISI7,
S. P.
Justice's License.
To the Surveyor of the Highways for the parish of in tlio
county of .
to wit. Whereas by an act of parliament made in the
13th year of the reign of His Majesty King George the Third,
for the amendment and preservation of the liighways, the sur-
veyors of the highways are empowered to gather stones lying
upon any lands or grounds within their respective districts
for the use and beneiit of tiie highways, but not without the
consent of the occupiers of such land, or a license from a
justice of the peace for that puipose. And whereas it appears
to me S.P. Esq. one of His Majesty's justices &c. upon the
394 HigJavays.
oath of C. D. surveyor of the highways of the parish of in
the saic\ county of , that he hath applied to A. B. of
for his consent to gather stones from the field called
•< , being the freehold of him the said C. D. and now in his
actual occupation, within the said parish of , for the
repairing and amending the highways within the said parish,
and that the said stones are necessary for the repair of the
same, and that the said C. D. hath refused to permit the same
to be gathered. And the said A. B. having been duly sum-
moned to appear before me the said justice to shew cause why
such permission should not be granted, and having this day
appeared before me at tliis place accordingly, 1 have heard and
considered the allegations as well of the said A. B. as of the .
said surveyor, and do hereby order and adjudge that the said l
stones are necessary for the repair of the said highways and
ought to be gathered and carried away for the purposes afore-
said, therefore I do hereby license, empower and order the said
surveyor to take and carry away the same accordingly.
Given under my hand and seal &c.
Justice's Order to malce new Drains,
To C. D. Surveyor of the Highways for the. parish of .
to wit. Whereas complaint hath been made unto me
S. P. Esq. one of His Majesty's justices of the peace for the
said county, that the ditch, gutter or water-course for con- ;
veying the water from the highway at in the of j
' in the said county, is not sufficient for that purpose, and i
that the cleansing and opening the same will not effectually '
carry off the said water, but tliat the said highway may be
effectually drained and the water carried off by making a new
ditch or drain through the lands or grounds of L. M. lying
near the same, for the length of yards, and the breadth
of feet; and the said L. M. hath been duly summoned
before me, to shew cause, if he had any, why the said ditch or
drain sliould not be made, but hath not appeared [or not sJieiv-
ing sufficient cause against the same], and it appearing to me
tliat such ditch or drain is necessary, I do hereby order and
require you to enter into and upon the said lands, and there
make or cause to be made a new ditch or drain, of the length
and breadth aforesaid and of a convenient depth, making or
Higliivays. • 395
tendering sufficient satisfaction to the said L. M. for the
damages to be done thereby, within one calendar month after
the same shall be so made ; such damages to be settled and
ascertained in manner directed by the act passed in the
thirteentli year of the reign of His Majesty King George
the Tliird, " For the Amendment and Preservation of the
Highways."
Given under my hand and seal this day of , in the
rear of our Lord 181 7.
S. P.
Summons for not paying an Assessment.
To A. B. of the of in the county of .
to wit. Whereas complaint and information hath been
made upon oath before me, one of His Majesty's justices of the
peace for the said county, by the surveyor of the highways for
the said , that by a rate or assessment duly made, allowed
and published, according to the statute in that case made and
provided, the sum of was duly rated and assessed upon
you, for and towards the amending, repairing and supporting
the highways within the said , in pursuance of the statute
of the 13th of George III. c. 78, intituled " An Act to explain,
amend, and reduce into one Act of Parliament the Statutes
now in being for the Amendment and Preservation of the
Public Highways within that Part of Great Britain called
England, and for other Purposes." These are therefore to
require you personally to appear before me or such other of
His Majesty's justices of the peace as shall be present at
in the said county, on the day of at the
hour of in the noon, there to answer to the said
complaint and information, and to shew cause why the said
sum should not be levied on your goods and chattels, pursuant
to tlie said statute. Herein fail not.
Given under my hand and seal &c.
396 Higliwai/s^
Warrant of Distress for an Assessment.
To the Surveyor of the Highways of the — — of in the
county of .
to wit. Whereas in and by a rate and assessment
duly made, assessed, allowed and published, according to the
statute in that case made and provided, the sura of was
duly rated and assessed upon A. B. of aforesaid, for and
towards the amending, repairing and supporting the highways
and streets within the said parish, in pursuance of the statute
of the 13th of Geo. III. c. 78, intituled, " An Act to explain,
amend and reduce into one Act of Parliament the Statutes
now in being for the Amendment and Preservation of the
Public Highways within that Part of Great Britain called
England, and for other Purposes." And whereas it duly
appearcth unto me, one of His Majesty's justices of the peace
in and for the said county, as well upon the oath of the sur-
veyor aforesaid as otherwise, that tiie said sum of hath
been duly and lawfully demanded of him the said A. B. and
that he hath refused or neglected to pay the same for the space
of ten days after such demand; And whereas the said A. B.
hath not appeared before me, In pursuance to my summons
for that purpose, nor hath shewed to me any sufficient cause
why the same should not be paid; These are therefore to
require you the said surveyor forthwith to levy the said sum
of by distress and sale of the goods and chattels of the
said A. B. and out of the money arising by such sale that you
detain the said sum of , and also your reasonable charges
of taking, keeping and selling the said distress, rendering to
him the said A. B. the overplus on demand: And if no such
distress can be made, that then you certify the same unto me,
to the end that such further proceedings may be had tlierein
as to law doth appertain.
Given under my hand and seal this day of , in
the year of our Lord 1817.
S. P.
Highwai/s. 397
Summons for non-performance of Statute Duty with a Team,
To A. B. of the of in the county of .
to wit. Whereas complaint and information hath
been made upon oath before ine, one of His Majesty's justices
of the peace for the said county, by the surveyor of the high-
ways of the said , tliat you the said A. B. reside in the
said , and keep a team, draught or plough, and are liable
by the statute of 13th Geo. III. cap. 78, to send a team pro-
perly furnished, with able men, to perform your statute
duty, and work in the highways of the said for six days
in the year, and that you have had due notice from the said
surveyor to send wain, cart or carriage properly furnished,
and able men, on the day of and the
following days, at o'clock in the morning of each day, to
work in the repair of the highways under his direction; and
that you have made default therein, whereby you have incurred
a penalty of ten shillings a day for every team, and one shilling
and sixpence a day for every labourer not sent according to
such notice, amounting In the whole to — ■ — ; And the said
surveyor hath thereupon prayed that such proceedings may be
had against you for the recovery cf the said penalties as the
act directs. These are therefore to require you personally to
appear before me, or such other of His Majesty's justices of
the peace as shall be assembled at a special sessions to be
holden at in the said county, on the day of
at the hour of in the noon of the same day, to
answer to the said complaint and information^ and to shew
cause why the said penalty should not be levied on your goods
and chattels^ by distress and sale thereof, pursuant to the sta-
tute. Herein fall you not.
Given under my hand and seal &c.
Summons for not paying Composition in lieu of Duty.
To A. B. of the of in the county of .
to wit. Whereas complaint and information hath been
made upon oath before me, one of His Majesty's justices of
t\ic j)eace for tlie said county, by the surveyor of tlie highways-
398 Highways.
of the said , that you the said A. B. occupy lands, tene-
ments, woods, tytlies or hereditaments under the yearly value
of ^'50. in the said of , viz. of the yearly value of
, and by the statutes 13 Geo. III. c. 78, are liable in
respect thereof to contribute to the repair of the highways
therein, and to pay to the said surveyor, in lieu of your statute
duty, the sum of , being at the rate mentioned in the
statute; and that the said surveyor hath duly demanded the
said money of you, but you have neglected and refused to pay
him the same, contrary to the said statute: These are there-
fore to require you personally to appear before me, or such
otiier of His Majesty's justices of the peace as shall be as-
sembled at a special sessions to be holden at in the said
county, on the day of , at the hour of in the
noon of the same day, to answer to the said complaint and
information, and to shew cause why the said sum of money
should not be levied on your goods and chattels by distress
and sale thereof, pursuant to the statute. Herein fail not.
Given under my hand and seal &c.
Summons for not performing 'personal Duty.
To A. B. of the of in the county of .
to wit. Whereas complaint and information hath
been made upon oath before me, one of His Majesty's justices
of the peace for the said county, by the surveyor of the high-
ways of the said , that you the said A. B. being a person
itihabiting in the said , and of the age of eighteen and
under the age of sixty years, and not chargeable to the repairs
of the said highways in any other respect, and not being bona
fide an apprentice or menial servant, nor having performed
any statute duty on the highways, or paid any composition for
the same, in any other parish, township or place for the
present year, but being liable by yourself or one sufficient
labourer to work and labour in the amendment of the high-
ways within the said , for six days in the year, under the
direction of the surveyor; and having had due notice from the
said surveyor to attend on the day of and the
following days, at o'clock in the morning of each day at
, to work on the repair of the said highways under his di-
rection, have made detuult therein and have not performed
Ilighiuays. 399
sucli labour at the time and place aforesaid, pursuant to the
said notice, whereby you have incurred a penalty of one shilling
and sixpence for each day's neglect.in performing such labour
as aforesaid ; And the said surveyor hath thereupon prayed that
such proceedings may be had against you for recovery of tlie
said penalty, as the act directs.
These are therefore to require you personally to appear
before me or such other of His Majesty's justices of the peace
as shall be assembled at a special sessions to be holden at
in the said county, on the day of at the hour of
in the noon of the same day, to answer to the said
complaint and information, and to shew cause why the said
sum of money should not be levied on your goods and chattels
by distress and sale thereof, pursuant to the statute. Herein
fail not.
Given under my hand and seal this day of , in the
year of our Lord 1817.
J. C.
Justices' Notice to Surveyor to sheio cause whj a poor Labourer
should not be discharged from Highway Rates or Compo-
sition, by 34 Geo. III. c. 74.
To C. D. Surveyor of the Highways within the parish of
in the county of .
to wit. Whereas A. B. of in your parish, la-
bourer, hath this day made complaint on oath before us,
two of His Majesty's justices of the peace, &c. in petty ses-
sions assembled, that lie wholly gains his living by daily labour,
and that by reason of his numerous family he is very poor and
indigent, and wholly unable to pay any rates, assessments or
composition for repair of the highways within the parish of
, and therefore prays of us the said justices to be exempted
from paying the same, we the said justices do therefore hereby
give you notice to appear before us at in the said county,
on tiie day of , at a petty sessions to be then
and there held, to shew cause why the said A. B. should not
by us be discharged from the payment of sucli rates, assess-
ments or compositions accordingly.
Given under our hands and seals &c.
400 Higluuays.
Complaint relative to the Repair of such part oftlie Highways
as are to he Repaired by two Parishes.
to wit. At a petty session holden before J. C. and
S. P. Esquires, two of His Majesty's justices of the peace
for the said county, this day of , in the year of our
Lord I8I7, C. D. one of the surveyors of the highways of the
parish of came before the justices aforesaid, and gave
them to be informed, That there is in the said county a cer-
tain common highway leading fi:om to , and that
there is a certain part of the said higliway, that is to say, so
mucli thereof as lies between a certain place called and a
certain other place called , being in length (_as the fact is],
one side of which last-mentioned part of the highway adjoining
to the parish of , lies within the said parish of , and
is to be and of right ought to be repaired by the said parish of
, and that the other side of the same part of the said
highway adjoining to the parish of , lies within the said parish
of , and is to be and of right ought to be repaired by the
said parisliof ; and stated that the repair of such part of the
said highway is very inconvenient to the parties aforesaid, and
the want thereof detrimental to the public; and therefore
praying that such part of the said highway may be allotted
and apportioned for the repair thereof, by the justices aforesaid,
to the said several parishes of and , in the manner
directed by an act passed in the 34th year of the reign of King
George the Third, intituled, " An Act for the more effectually
Repairing of such parts of the Highways of this Kingdom, as
are to be Repaired by two Parishes."
C. D. one of the surveyors of
the highways for the parish
of .
The above application was made to us
the day and year first above-written,
J. C.
S. P.
Highways^ 401
Summons to he subjoined to a copy of the above Information^
To the Surveyors of the Highways of the parish of in the
county of , or to any or either of them.
to wit. Whereas a certain information has been given
to us, J. C. and S. P. Esquires, two of His Majesty's justices
of the peace for the said county, by C. D. one of the surveyors
of the highways of the parish of —— in the said county, a
true copy whereof is above written; these are in His Majesty's
name to summon you or any or either of you to appear
before us at in the said county, on the day of s,
to shew cause (if any) why an allotment and apportionment of
the highway therein mentioned should not be made, according
to the provisions of the act referred to in the said information.
Herein fail not.
Given under our hands the day of , 1817.
J. C.
S. P.
Final Order and Adjudication, to be Filed icitk Clerk of the
Peace,
to wit. WTiereas C. D. one of the surveyors of the
highways for the parish of , came before us J. C. and
S. P. Esquires, two of His Majesty's justices of the peace for
the said county, and gave us to be informed that there was in
the said county a certain common highway, leading from [as
in the Information to the end, verbatim]. And whereas the sur-
veyors of the highways of the said parish of were duly
summoned to appear before us the said justices at in the
said county of , on the — — day of last, to shew
cause (if any) why an allotment and apportionment of the
highway therein mentioned should not be made, according to
the provisions of the said act; Now we the justices aforesaid,
having fully heard and understood the premises, do declare,
adjudge and order that the said highway shall be divided in the
following manner; that is to say, that at the distance of ,
measuring from the place called , there shall be erected
certain posts or stones and , on each side of the
D D
402 Highways.
said highway ; and that the wliole of the said highway from the
place called to such posts or stones shall be from time to
time and at all times hereafter repaired by the said parish of
; and that the whole of the said highway, from such posts
or stones to the place called , shall from time to time and
at all times hereafter be repaired by the parish of . In
witness whereof we have hereunto set our hands and seals this
day of , I8I7.
J. C.
s. p.
Nolice of turning y diverting or stopping up a Public Highway ^
§c. under 55 Geo. III. c. 68.
Notice is hereby given, ^hat on the ^
undred, upon tlie oath of the surveyor, that he hath
applied to A. B. of &c. for his consent to gather stones from
the lands called by the names of and in his occu-
pation within the said , for the purposes aforesaid, and
that the said stones are necessary for the repairs of tlie said
highways, and that the said A. B. hath refused to permit the
same to be gathered; and the said A. B. having been dtdy
summoned, appeared before me to shew cause why such per-
mission should not be granted [if the fact he so], and I hav-
ing heard what ii.is been alledged, and taken the said matter
into consideration, am of opinion that the said stones are
necessary, and ought to be gathered and carried away for the
purposes aforesaid; Therefore I do hereby give my license to
the said surveyor to take and carry away the same accordingly.
Given under my hand and seal &c.
412 Highways,
Information against an Offender, (general) .
to wit. Be it remembered, That on the day of
— — , in the year of our Lord 1817, A. B. of in the said
county, informeth and maketh oath before me, one of His
Majesty's justices of the peace for the said county, that C. D.
of in the said county, [describe the offence particularly ^
folloning the icords of the act,] contrary to the statute made in
the 13th year of the reign of His Majesty King George the
Third, *' For the Amendment and Preservation of the Higli-
w&j's," which hath imposed a forfeiture of for the said
offence.
Taken and sworn the day and year aibresaid, before me,
S. P.
Summons to an Offender,
To the Constable of the of in the county of ■ ■ ■ .
to wit. AA'^hereas complaint and information have
been made upon oath before me S. P. Esq. one of His Ma-
jesty's justices of the peace for the said county, by A. B. of &c.
that [set forth the nature of the complaint, and in describing it
follow the icoi-ds of the act.]
These are therefore to command you forthwith to summon
the said C. D. to appear before rne or such other of His Ma-
jesty's justices of the peace for the said county as shall be
present at their special sessions to be holden at in the
vsaid county, on the day of , at — - — o'clock
in the noon, then and there to answer to the said com-
plaint and information made by the said A. B. who is likewise
directed to be present to make good the same. Herein fail not..
Given under my hand and seal this day o| , in
the year of our Lord 181/.
Conviction of an Offender.
to wit. Be it remembered, That on the day of
• , in the year of our Lord 1817, at in the county
aforesaid, A. B. came before me one of His Majesty's justices
Highways, 41
o
of the peace fat the said county, and informed me that C. D,
of , on the day of now last past, at in the
said county, did [here state the nffence]. Whereupon the said
C. D. after being duly summoned to answer the said charge,
appeared before me on the day of last, at in
the said county, and having heard the charge contained in the
said information, declared that he was not guilty thereof; but
the same being fully proved, upon the oath of E. F. a credible
witness [or did not appear before me in pursuance of the said
Summons, or did neglect and refuse to make any defence to the
said charge, or acknowledged and voluntarily roifessed the
same to be true, as the case may be], it manifestly appears to
me the said justice, that the said C. D. is guilty of the offence
charged upon him in the said information. It is therefore
considered and adjudged by me the said justice that the said
C. D. be convicted, and I do hereby convict him of the offence
aforesaid; and I do hereby declare and adjudge that he hath
forfeited the sum of of lawful money of Great Britain,
for the offence aforesaid, to be distributed as the law directs,
according to the form of the statute in that case made and
provided.
Given under my hand and seal this -^— day of ■ ■ , in
the year of our Lord 181 7.
S. P.
Warrant of Distress for a Forfeiture, (not to be issued till six
Days after Order for Payment served on the Party.)
To the Constable of .
to wit. Whereas, CD. of &c. in the said county, is
duly convicted before me one of His Majesty's justices of the
peace in and for the said county, upon the oath of E. F. a
credible witness, for that the said C. D. hath [describe iJie
offence], contrary to the statute in that case made and provided,
by reason whereof he hath forfeited the sum of ^ • "■, to be
distributed as herein is mentioned, which he hath refused to
pay; These are therefore in His Majesty's name to command
you to levy the said sum of ^ by distress of the goods
and chattels of the said C. D. and if within the .9pace of four
days next after such distress by you taken, the said sum, to-
414 Highways.
gether witli the reasonable charges of taking and keeping tke
same, shall not bo paid, that then you do sell the said goods
and chattels .so by you distrained, and out of the money arising
])y such sale that you do pay one half of the said sum to
of , who informed me of the said oftencc, and the other
half of the said sum to J. C. the surveyor of the highways for
the of , where the said offence \jieglect, or default]
happened, to be employed towards the repair of the said high-
way, returning the overplus, up«i demand, to the said C. D.
the reasonable charges of taking, keeping and selling the said
distress being first deducted. And if sufficient distress cannot
be found of his goods and chattels whereon to levy the said
sum of , that then you certify the same to me, together
with this warrant.
Given under my hand and seal the day of , in
the year of our Lord 1817-
, S. P.
Constable's Return.
to wit. I G. H. cotistable of the within-named
parish of , do hereby certify and make oath that by virtue
of this warrant 1 have made diligent search for the goods of
the within-named C. D. and that 1 can find no sufficient goods
whereon to levy the within sum of ^ .
As witness my hand this day of , 18i7>
Sworn before me, the
day and year aforesaid,
S. P.
Order for the Payment of a Forfeiture.
to wit. Whereas C. D. of &c. is duly convicted be-
fore me, One of His Majesty's justices of the peace for the said
county, for that he on the day of now last past, at
in the said county, did \_state the offence as set forth in
the information], whereby he hath forfeited the sum of s^ .
I do therefore hereby order the said C. D. to pay to J C. sur-
veyor of the , the said sum of , to be by him disposed
of as the law directs.
Given under my hand and seal the day of , in the
year of our Lord 1817.
S. P.
Highways. 415
Commitment for vmnt of Distress.
To the Constable of , and also to the Keeper of in
the county of .
to wit. Whereas C. D. of &c. in the said county, was
on the day of — ■ — , 1817, convicted before me, one of
His Majesty's justices of the peace in and for the said county,
upon the oath of E. F. a credible witness, for that he on the
day of now last past, at in the said county,
did [state the o fence], contrary to the statute made in the
13th year of the' reign of His Majesty King George the Third,
" For the Amendment and Preservation of the Highways,"
by reason whereof the said C. D. hath forfeited the sum of
^-
And whereas on the day of in the year aforesaid,
I did issue my warrant to the constable of , to levy the said
siun by distress and sale of the goods and chattels of the said
C. D. and to distribute the same according to the directions of
the said statute; And whereas it duly appears to me, upon the
oath of the said constable, that he hath used his best en-
deavours to levy the said sum on the goods and chattels of the
said C. D. as aforesaid, but that no sufficient distress can be
had whereon to levy the same ; These are therefore to com-
mand you the said constable of , to apprehend the said
C. D. and him safely convey to the common gaol [or hoiise of
correction], at in the said county, and there deliver him to
the keeper thereof, together with this precept. And I do
hereby also command you the said keeper, to receive and keep
in your custody the said C. D. for the space of three months,
unless tlie said sum shall be sooner paid, pursuant to the said
conviction and warrant; and for. so doing this shall be your
sufficient warrant.
Given under my hand and seal this day of , in the
year of our Lord 1817.
S. P.
4.1 G Highwai/s.
Notice of Appeal against a Jusiice^s Order or Conviction,
Mr. A. B.
Take notice, That I intend to appeal to the next
general quarter sessions of the peace to be holden at in
and for tlie county of , a^inst a certain order [or conviction,
as the case may be, setting forth particularly the purport of such
order or conviction, and assigning tJie cause of complaint."}
Dated the day of — -^, I8I7.
CD.
Surveyor's Oath, on passing his Accounts.
' I, A. B. do swear that the accounts now pro-
duced and delivered by me, as surveyor of the highways for the
parish of , for the year now last past, are just and true to
the best of my knowledge.
So help me God,
Justix:e's Allowance..
These [or the foregoing] accounts were exa-
mined and allowed by us, this day of — — , 1817, being
first verified ou the oath of A. B. surveyor.
J. C.
S. P.
Sianmonsfor travelling with a Waggon with more Horses than
allowed, ^c.
To A. B. and C. D. late of the parish of in the
county of , carriers.
■ .. . to wit. Whereas complaint and information hath been
made upon oath before me J. C. Esq. one of His Majesty's
justices of the peace for the said county, by E. F. of the parish
of in the said county of , that you, being the owner
of a certain waggon on the day of instant, which
said waggon tiien having the sole or bottom of the fellies of the
Highways. 417
wheels of the breadth or gauge of nine inches, did on the day
last aforesaid pass and was drawn upon a certain turnpike
road in the parish of in the county of aforesaid,
with more than eight horses, that is to say with nine horses,
contrary to the statute in such case made and provided. These
are therefore to require you personally to appear before me at
in the said county of , on the day of — —
instant, at the hour of in the noon, to answer the
said complaint and information made by the said E. F. who is
likewise directed to be then and there present to make good
the same. Herein fail not.
Given under my hand and seal the ■ day of , 181 7.
J. C.
Affidaxit of service of Summons , and of the Facts stated in the
Information,
to wit. A. B. of &c. in the county of , maketh
oath and saith that he did on the day of instant, serve
a summons, of which the within is a copy, on the within de-
fendant, by delivering the same to him [or his clerk], at his
office or place at . 'And this deponent further saith that
he did, on the day of instant, see a waggon with
the within defendant's name thereon, having the sole or bot-
tom of the fellies of the wheels of the breadth or gauge of nine
inches, travelling on the turnpike road in the parish of in
the said county, which waggon was then drawn by nine horses.
And this deponent further saith, that he heard the within in-
formant on the said day give notice to the driver of the waggon
that he should lodge a complaint against him and the owner for
so doing.
A. B.
Sworn before me, the
day of , 1817.
J. C.
E E
418 Highways,
Summons to Owner y on Cdmplaint against a Driver for riding
on his Cart.
To C. D. of in the county of .
complaint and information hath bet-ii
ne S. P. Esq. one of His Majesty's
■ to wit. Whereas
made upon oath before mt
justices of the peace for the said county, by A. B. of &c.
that a certain person belonging to you and being in your em
ploy, on the day of , 1817, in the parish of in
the said county, did ride upon a certain carriage called a ,
belonging to you, then drawn by horses and passing on the public
turnpike road in the said parish of , and which person
then and there, in the said turnpike road, had the direction,
care and management of such as the driver thereof:
And that whilst he so had the direction, care and management
of such , and while the same was passing on the said
turnpike road, he then and there wilfully and illegally rode in
and upon the said as aforesaid, so that he could not, nor
did have the direction, care and management of the said horses
then drawing the said , and that the situation of him the
said driv«:r whilst he so rode in and upon the said was
such that he then and there could not nor did have the direc-
tion, care and management of the said horses so then and
there drawing the said , contrary to the form of the sta-
tute made in the 13th year of the reign of King George the
Third; These are therefore to require him and you and each
of you personally to appear before me at in the said
county of , on the day of , at the hour of
in the noon, to answer to the said complaint and informa-
tion made by the said A. B. who is likewise directed to be then
and there present to make good the same. Herein fail not.
Given under my hand and seal this day of , in the
year of our lyord 1817.
S. P.
Highways. 419
Conviction of a Surveyor of the Highways for not delivering over
his Books of Account to the Churchwardens and Overseers,
by 13 Geo. III. c. 7S, s. 48.
to wit. Be it remembered, That on the — ^ — day of
, in the year of our Lord 1817, at in the county of
, A. B. came before me S. P. Esq. one of His Majesty's
justices of the peace of the said county, and informed me that
C. D. of the parish of in the county of , was surveyor
of the highways within the said parish for the year ending at
Michaelmas last past, and that afterwards, to wit on the
day of now last past, at in the county aforesaid, a
certain book of accounts of the said C. D. as such surveyor, and
certain assessments for repairs of the said highways were set-
tled and allowed by J. C. Esq. and the Rev. J. B. Doctor in
Divinity, two of His Majesty's justices of tlie peace in and for
the said county, pursuant to the statute in that case made and
provided 5 and that afterwards, to wit from thenceforth to the
time of exhibiting the said information and complaint, there
were churchwardens and overseers of the poor duly appointed in
and for the parish of aforesaid, and that the said C. D,
during all the time last aforesaid neglected to transmit and
deliver to such churchwardens and overseers, or any or either of
tljem, the said book and assessments so settled and allowed as
aforesaid, contrary to the form of the statute in such case made
and provided: Whereupon the said C. D. after being duly
summoned to answer the said charge, appeared before me on
the day of , at in the said county, and having
heard the charge contained in the said information, declared
that he was not guilty of the said offence ; but the same being
fully proved upon the oaths of E. F. and G. H. two credible
witnesses, it manifestly appears to me the said justice, that the
«aid C. D. is guilty of the offence charged upon him by the
said information; it is tlierefore considered and adjudged by me
the said justice, that the said C. D. be convicted, and I do
hereby convict him of the offence aforesaid. And I do hereby
declare and adjudge that tlie said C. D. hath forfeited the sum
of ^5. of lawful money of Great Britain for the offence afore-
said, to be distributed as the law directs, acording to the form
of the statute in that case made and provided.
Given under my hand and seal &c. S. P.
E E 2
420 Homicide.
[If the party does not appear to tlie summons, then after
tlie words " being duly summoned to answer the said charge,"
insert, " did not appear before me in pursuance of the said
siummOns," o?*, if he appeared and refused to make defence,
" did neglect and refuse to make any defence against the said
charge," but the same being fully proved, &c. as before.]
[If he confesses the fact, say after the words " contained in
the said information," " acknowledged and voluntarily con-
fessed the same to be true, and " it manifestly appears to mc
the said justice, &c. as before.]
HOMICIDE.
Homicide is justifiable if it is occasioned by un-
avoidable necessity. 1 Haw. c. 28, s. 1. — It is called
??ilsadv€ntu7'e, if a man in doing" a lawful act with-
out intent hurts another, whereby death ensues.
Hales, PL 31. Manslaughter is the killing a man
in a sudden quarrel, or in the commission of an
illegal act, without deliberate intention. 1 Haiu.
C.30. s. \. It is not bailable by justices. — Murder is
the killing a person with malice prepense. 3 hist. 47.
Self-murdci-, or felo de se, is where a person of
sound mind killeth himself. 3 Inst. 54. — Homicide,
either in self-defence, or by misadventure, are not
bailable offences. 1 Haw. 75, 76. Where an arrest
is made by virtue of a justice's warrant, such Avar-
rant (if demanded) should be produced; for should
homicide ensue, the legality of the warrant may
materially affect the question. 8 T. II. 188.
Horses, 421
HORSES.
Stealing horses in tlie night out of a stable, &c,
is burglary; if in the day-time, it is larceny. — The
owner of a stolen horse may re-claim him witliin
six months before a justice, &c. on due proof; and
at any time afterwards on paying the party what
he gave for it. 2 and 3 Phil. ^ Mary, c. 7. 31 AYis.
c. 12. — Maliciously maiming horses in the night,
subjects the party to forfeit treble damages, to be
recovered before three justices, or by action.
By 26 Geo. III. e. 71, license for slaughtering
horses, &c. not for meat, to be taken out at the
sessions, and the name of the party and specifica-
tion of the license, to be inscribed over the door.
s. 1, 2. — Inspector to be appointed by vestry;
if he has reason to suspect that any horse, &c.
hath been stolen, he may prevent the slaughter for
not exceeding eight days, and may advertise it
twice, unless the owner sooner claims it. The ex-
pense of advertising to be paid by the occupier
of the slaughter-house; if he refuses, and shall
be convicted on the oath of the inspector before
one justice, he shall forfeit double the amount
thereof, to be levied by distress, s. 3, 5: Inspector
may search slaughter-houses, s. 6.
Persons bringing for sale cattle to be slaugh-
tered, and refusing to give a satisfactory account of
themselves, may be carried before a justice, who
E E 3
422 Horses.
may commit such persons, for not exceeding six
days, for further examination; or if he hath rea-
son to believe the horse, &c. hath been stolen may
commit such person to gaol or house of correction
for six days, for further examination; and if upon
such further examination such justice hath reason
to suspect such horse hath been stolen or unlaw-
fully obtained, he may commit such person to the
common gaol or house of correction to be dealt
with according to law. s. 7. Every licensed person
to keep an account in writing of the name, &c. of
owners of horses brought to be slaughtered;
making false entries subjects the party to a penalty
of not less than ^10. nor more than ^20. on con-
viction on oath of two witnesses, before one justice,
to be recovered by distress; and in default, commit-
ment to the house of correction for not exceeding
three nor less than one month, half the penalty to
the informer and half to the poor. s. 4, 10.
Unlicensed persons lending houses, barns, stables,
&e. for the purpose of slaughtering, shall on con-
viction before one justice, on oath of two witnesses,
forfeit the like penalty. 6". 13.
Persons destroying hides are punishable for a
misdemeanor, curriers and dealers in hides ex-
cepted, s, 9. Witnesses summoned and refusing
to give evidence, to forfeit ^10. and in default of
payment, to be committed for not more than three
nor less than one month, s. 16. — Inhabitants are
competent witnesses. ^.17.
Horsesf. 423
Warrant to apprehend a Horse Stealer.
To the Constable of .
to wit. Forasmuch as A. B. of in the county of
, yeoman, hath this day made information and complaint
upon oath, before me S.P. Esq. one of His Majesty's justices of
the peace for the said county, that yesterday, in the night, a
bay mare, the property of him the said A. B. was folonitmsly
stolen, taken and carried away from and out of the grounds of
him the said A. B. at aforesaid, and that he hath just
cause to suspe
s.l, and see title " Costs''
A justice of the peace may indict an inferior of-
ficer for disobeying an order made by him ; and if
the defendant is convicted, the justice is intitled to
the costs of the prosecution. 2 7\ R. 4J.
Every justice has the power of committini^ any
person guilty of insolent behaviour to him in the
execution of his office, instanter, unless such person
enter into sureties for his good behaviour; though
it is advisable, if it can be done without inconveni-
ence, to lay the compUunt before another magistrate.
Justices out of sessions may receive fines imposed
by them, shall keep an account thereof, and
shall annually, previous to the Michaelmas ses-
sions, pay such fines to the Sheriff as shall be due
to the King. 41 Geo. 111. c. 85. justices shall also
yearly send an account of such fines to the clerk of
the peace, previous to the Michaelmas quarter ses-
sions, s. 2.
In all cases where justices of the peace have ju-
risdiction over an offence, they may issue their
warrant to apprehend the person accused. 2 Haw.
P. C. c. 13, s. 15. and even for si(spicio?i of felony,
though the original suspicion be not in the justice
but in the party praying the warrant, because the
justice is the competent judge of the probabihty of
the suspicion; but in all cases where a warrant is
required the party requiring it should make oath or
the facts. JOid.
G G 3
454 Justices of the Peace.
By 52 Geo. III. c. l6o, one justice of the peace
for the county, &c. where any gaol, not being a
county gaol, is situate, may order parochial relief
to any poor debtor confined under mesne process,
not exceeding 6d. a day during such confinement.
J. 1, 2.
By 53 Geo. III. c. 40, the act of 5 EU%. c. 4. and
1 tlac. c.^6. empowering justices of the peace to
rate wages or fix prices for work for artificers, la-
bourers, and craftsmen, is repealed.
By 55 Geo. III. c. 137, amending 36 Geo. HI.
c. 23, it is enacted, that any justice or justices may
order parochial relief to any poor person or persons
at his, her or their home or homes, house or houses,
for any time not exceedingthree months from thedate
of such order ; and any two justices may make fur-
ther order for such relief for any further time not
exceeding six months from the date of such order,
and so on from time to time as occasion may re-
quire; such justice or justices first admlnistLring
an oath as to the need and cause of such relief, and
summoning the overseers to shew cause against it.
Justices may order relief to be discontinued if
they see occasion, s. 3. and the sum of money
which such justice or justices shall order to be paid
to any poor person for a longer period than one
month, shall not exceed 3s. per week, or three-
fourths of the average weekly expense which shall
be usually paid for the maintenance of such poor
person in the workhouse, s. 4.
Justices of the Peace. 455
In distress warrant for a penalty, the justice
granting it may order the goods distrained to be
sokl in not less than four nor more than eight
days, unless the penalty and charges are sooner
paid. 27 Geo. IL c. 20.
To an action brought against a justice for any
thing done by him in the execution of his office, he
may plead the general issue and give the special
matter in evidence, and if he recovers he shall have
double costs. 7 J^c- ^- ^- wo action shall be
brought against ajustice without a month's previous
notice to him in writing. 24 Geo. II. c. 44. and
though acting alone in a case where he should have
the concurrence of other magistrates, be is still en-
titled to the notice. Weller v. Toke, E. 48 Geo. III.
Ajustice may, within the month, tender the party
amends, and plead such tender in bar of the action;
and if such tender be sufficient, the jury shall find
a verdict for the defendant. Action to be com-
menced within six months after the act com-
mitted, s. 8.
By 43 Geo III. c. 141, in actions against justices
for an improper conviction, the plaintiff, besides the
penalty levied, shall not recover more than 2d.
unless the act is alleged to be done maliciously ;
but if such justice can prove at the trial that the
plaintiff had been guilty of the offence, and that he
had not suffered any greater punishment than by
law assigned, then the plaintiff shall neither recover
penalty nor costs, s. 2. — If a justice on complaint to
G G 4
456 Justices of the Peace.
liim made, refuse to execute his office, or misbehave,
the party ag-giieved may apply to the King's Bench
for an information, and afterwards to the Court of
Chancery, to put him out of the commission. lAth.1.
but the usual course is to apply for a mandamus, in
case of his refusal to execute his office. Justices may
amend their convictions at any time before return
oi certiorari. East's Rep. 186. — No justice can su-
persede the warrant of another without a formal and
leg^al examination. 2 T. R. 190.
Justices of the peace are bound by the oath of
their office to take no other than fees accustomed,
and costs limited by statute. By 26 Geo. 11. c. 14,
s. 1. justices shall, at the Midsummer sessions, set-
tle a table of fees, which shall be laid before the
judg-es at the next assizes, who may ratify the
same, but no table of fees to be valid till so ratified ;
and any justice's clerk taking any other or greater
fee, after three months from the time such table of
fees is so ratified, shall forfeit ^20. s. 2, 4. and by
2)^ Geo. ll^ in Middlesejc i\\Q said table of fees to be
confirmed by the two Lords Chief Justices and
Lord Chief Baron, or any two of them.
Notwithstanding the directions of these statutes,
the justices at their quarter sessions have generally
omitted to settle the fees to be taken by their
clerks; and it is usual for persons in that situation,
to take under the control of the magistrates, such
fees as appear reasonable. The police magistrates
in London having necessarily more of the ordi-
Justices of the Peace. 45/
nary business of justices of the peace to perform
than sub-clivision magistrates, have settled the fees
to be taken, which may, as far as they extend, be a
guide for the charges of justices' clerks in general.
TABLE OF FEES,
s. d.
Information and warrant for an assault, or breach of the
peace 1
Dischaiging defendant 1
Inforntiation and warrant, or summons under any penal
statute 2
Discharging ditto 1
Recognizance to answer complauit at session 2 4
For bail and supersedeas 3 4
For every conviction i
Binding a parish apprentice , 1 Q
[Tfds must be exclusive of the hidentures.}
Commitment of an apprentice i
Discharging of an apprentice by two justices 2 G
Indorsing a warrant from one county to be executed ii»
another , 1
Examination in bastardy, and warrant 2
Signing poor's rate, or other rate books 2
Distress warrant for a penalty not paid 2 G
Return nulla bona 1 O
Justice's order 1
Information and warrant against a man for deserting his
family 2
For every affidavit drawn by the clerk 2
For affidavit not so drawn I 6
To these may be added the Table of Fees as set^
tied by the magistrates of Surrey and ratified by the
judges of assize.
458 Justices of the Peace,
TABLE OF FEES
To be taken hy the Clerks to the Jtistices of the Peace in the
County of Surrey.
s. d.
All informations or examinations on oath, or confessions,
whereon any warrant or summons shall issue, or
whereon any commitment, or order for punishment
or for payment of money shall be made, not being
cases of felony, nor herein-after provided for 1
Every warrant or summons not including more than five
names 1
For every name above five 6
Every commitment, or order for punishment or for pay-
ment of money, not being cases of felony 1
Every liberate or discharge of a person in custody 1
For indorsing every warrant and oath 1 Q
Every recognizance (except to prosecute or give evidence
in cases of felony, or for a victualler's good behaviour)
whatever number of names may be included therein 2 6
Every supersedeas 2 6
Every examination (taken in writing) in settlement or in
bastardy cases, and oath 3
Every order of removal, and duplicate 3 6
Every indorsement of suspension of such order, duplicate,
and oath 2
Every order taking oft' such suspension, including the order
to refund the expenses of maintenance during the
suspension, and oath 2
Every order allowing certificate of settlement, and oath ..20
Every order allowing the expense of maintaining and re-
moving certificated persons 1
Every precept to give notice of nominating overseers, and
serving same on high constable 2 6
Every appointment of surveyors of highways, and charge,
as per stat 1
Printed abstract of the act, as per stat 6
Bond, if taken from the surveyor, as per stat 6
Every warrant to appoint overseers of the poor, whatever
number of names may be included therein 3
Justices of the Peace, 459
Duplicate of appointment, if required i 6
Every appointment of inspectors of weights and measures I
Allowing and signing a parish or other rate, (each book)
and oath 2
Every warrant of distress, and oath 2
Every commitment for want of distress 2
Every notice of giving landlord possession of premises
deserted by his tenant, and serving same 9 S
Giving possession of same 2 S
Every adjudication in bastardy 3
Duplicate thereof 2 S
Allowing and registering a pair of parish indentures . . ., 2
Allowing the account of every surveyor of iiighways, ex-
amination and oath, as 'per stat 1
Every order for an additional assessment for repair of ihe
highways, and oath 2 S
Every other order relative to the business of the surveyor ..26
Every certificate of a justice, of the repair of a road or
abatement of a nuisance which has been indicted or
presented 5
Every privy search warrant 2 6
Return thereof to the petty-session 2 O
Swearing every affidavit in any case where the magistrates
have legal power to administer an oath 1
Precept to tlie high constables to give notice of the time
and place of licensing victuallers, and serving same ..16
Every license of a victualler, including Is. for the recog-
nizance and Is. for the clerk of the peace 7
Drawing every information on penal stats, and oath .... 3 6
Drawing and ingrossing every conviction, wiiere the form
is given by the stat 2
Ditto where tlie form is not given 5 O
Attesting every soldier 1
Every warrant to press baggage waggons I
Every commitment of a deserter, letter thereon to tlie se-
cretary at war, and warrant for paying the reward for
apprehension 2 6
Every order for paying the reward for apprehending a
vagrant 1
Every order concerning masters and servants in husbandry 2
Every discharge of an apprentice made out of session .... 3
4G0 Justices of tJie Peace,
s. d.
Swearing constables to lists of freeholders, or of persons
liable to serve in the militia 1
Every oath of office 1
Every order to seize the estate and effects of a person
running away & leaving a family chargeable to parish 2
Every examination of a vagrant, pass thereon, & duplicate 3 O
Certificate thereon , 1
Allowing the account of treasurer, or overseers, respecting
money advanced for relief of militia-mens' families ..10
Record of forcible entry and detainer 5 O
Record of writ on view 2 6
Precept to the Sheriff to return a jury 2 6
Inquisition on a forcible entry or riot 2 6
Imposition, or record of fine set 2 6
Warrant to the sheriff to make restitution 2 6
Certificate of, rioters continuing together after proclamation
made 2 6
Order allowing special constables expenses, to be sub-
mitted to the session 2
Oath of Office of a Justice of the Peace.
Ye shall swear. That as justice of the peace in
the county of • , in all articles in the King's commission to
you directed, you shall do equal right to the poor and to the
rich, after your cunning, wit and power, and after the laws
and customs of the realm, and statutes thereof made; and ye
shall not be of counsel of any quarrel hanging before you; and
that ye hold your sessions after the form of the statutes thereof
made; and the issues, fines, and amerciaments that shall happen
to be made, and all forfeitures v/hich shall fall before you, ye
shall cause to be entered without any concealment or em-
bezzling and truly send them to the King's exchequer. Ye
shall not let for gift or other cause, but well and truly ye shall
do your office of justice of the peace in that behalf; and that
you take nothing for your office of justice of the peace to be
done but of the King and fees accustomed and costs limited
by statute. And ye sliall not direct, nor cause to be directed
any warrant (by you to be made) to the parties, but ye shall
direct them to the bailiff of the said county, or other the King's
officers or ministers, or other indifferent persons, to do execution
thereof.
So help you God.
Justices of the Peace. 461
Oath of Qualificatiun.
1, A. B. do swear that I truly and bona fide have
such an estate in law or equity, to and for my own use and
benefit, consisting of [state the nature of the estate], as doth
qualify me to act as a justice of the peace for the county
[riding or division'] of , according to the true intent and
meaning of an act of parliament made in the 18th year of the
reign of His Majesty King George the Second, intitled " An
Act to amend and render more effectual an Act passed the
fifth year of Hfs present Majesty's reign intitled. An Act for
the further Qualification of Justices of the Peace," and that
the same [except where it consist of an office, benefice, or eccle-
siastical preferment, ijjhich it will be sufficient to ascertain by
their known and usualnanies] is lying and being, or issuing out
of lands, tenements, or hereditaments, being within the parish,
township, or precinct of [or in the several parishc^'f
townships, or precincts of ] in the county of — — , [or in
the several counties of — — , as the case may be] .
Commiimentfoi' htsuliing a Justice cf Peace in tJie execiiiion of
his Office.
To tlie Constables of the Parish of in the county of ,
and to the Keeper of the Common Gaol iat in the said
county.
to wit. Whereas A. B. being personally present this
day, at in the said county, before me S. P. Esq. one of
His Majesty's justices of the peace in and for the said county,
to answer and make his defence to a certain information before
me exhibited against him, for (state the offence), aiid being so
personally present before me hath this day been guilty of divers
gross insults and contemptuous behaviour to me the said justice,
then being in the actual execution of my office "as such justice
of the peace as aforesaid, by accusing me of partiality and in-
justice in the execution of my office [or as the case may he].
And whereas the said A. B. in consequence of such his in-
solent and contemptuous behaviour is now here by me the
462 •Justices of the Peace.
said justice required to find sureties for his good behaviour; that
is to say, two sufficient sureties to become bound with him iu
a recognizance In the sum of £ each, conditioned for the
personal appearance of the said A. B. at_ the next general
quarter sessions of the peace to be holden in and for the said
county, and that in the mean time he should be of good beha-
viour; but the said A. B. hath refused to find sureties and to
become bound in such recognizance as aforesaid, These are
therefore to command you the constables of the parish of ■
aforesaid, to convey and deliver the said A. B. into the custody
of the keeper of the common gaol at in the said county,
together with this my wairant, and I hereby command you the
safd keeper to receive the said A. B. into your custody in the
said county gaol, and him there safely to keep until he find such
sureties and enter Into such recognizance, or be from thence
otherwise delivered by due course of law.
Given under my hand and seal &c.
Another Form.
To the Keeper of
to wit. Receive Into your custody the body of A. B.
herewith sent you by me S. P. Esq. one of His Majesty's jus-
tices of the peace In and for the said county, and charged by
me the said justice, upon the view of me the said S. P. one of
His Majesty's justices &c. for indecent behaviour by Insulting
me and obstructing me in the due execution of my office as a
magistrate, as aforesaid, against the peace &c. and him the said
A. B. safely keep in your custody, for want of sureties, or until
he shall be discharged in due course of law; and for so doing
this shall be your sufficient warrant.
Given under my hand and seal &c.
Another Form.
with insolently and impudently misbehaving
himself when under examination before me the saidjustice and
J. C. Esq. another of His Majesty's justices of the peace for
the said county. In talking obscenely and expressing himself
with the greatest contempt to us the said justices during the
time he was under the said examination before us, against the
peace &c.
Landlord and Tenant, 463
Notice of Motion for leave to file a Criminal Information
against a Justice.
To C. D. Esq. one of His Majesty's Justices of the Peace in
and for the county of .
Take notice, That I shall move His Majesty's
Court of King's Bench, at Westminster, on the day of
next term, or so soon after as counsel can be heard, for
leave to file a criminal information against you in the Crown
Office, for misconduct in your office of justice of the peace, in
illegally and without any reasonable or probable cause whatso-
ever causing me to be apprehended on the day of
last, and to be committed to the common gaol at ^ in the
said county, and there to be detained for a long space of time,
to wit for the space of days, on a supposed cliarge of
[or as the fact is]. Dated &c.
Your's &c.
LANDLORD and TENANT.
By 11 Geo. II. c. 19, goods fraudulently and
clandestinely removed off the premises and con-
cealed in any house, &c. to prevent distress, the
landlord, or any person lawfully authorized by him,
may, in 30 days after such conveying away, seize
the same wherever found, and sell them as if dis-
trained on the premises, except they are bona fide
sold for a valuable consideration to a person not
privy to the fraud, s, 2. and landlord may, with
the aid of a peace officer, upon proof on oath of
reasonable suspicion, break open and enter any
house, &c. in the day time, where goods are sup-
464 Landlord and Ihiant,
posed to be concealed, and take and seize suclii
g-oods. ^.7. Tenant, or person aiding' fraudulent re-
moval of goods, to forfeit to landlord double their
value, to be recovered by action, s. 3.
If goods so removed or concealed are not worth
more than ^50. the landlord or his agent may ex-
hibit complaint to two justices, who are empowered
to summon parties, examine witnesses, and deter-
mine the matter; and on proof of the oftence, the
party to forfeit double the value of the goods, by
an order under the hands and seals of justices ;
if not paid, distress, and in default, commitment for
six months to hard labour, or till the money is
paid. s. 4.
Appeal allowed to sessions, on giving recogni-
zance in double the sum stated in the justice's order,
such order not to be executed in the mean time.
The determination of the sessions to be final, and
costs may be awarded to either party, s. 5,6.
The removal must have taken place a/te?' the rent
became due, in order to justify the landlord's seiz-
ing under this act, and it must be a clandestine
removal.
If tenant at rack rent, or where rent reserved
shall be three-fourths of the yearly value, who shall
be in arrear one year s rent, deserts the premises,
and leaves the same uncultivated or unoccupied,
with no sufficient distress left to answer the arrear
of rent, two justices (having no interest), at the re-
quest of the landlord, his bailiff, or receiver, may
Landlord and Tenant, 465
go upon and view the same, and on the most noto-
rious part of the premises affix a notice in writing
what day (at the distance of fourteen days at least)
they will take a second view ; and if upon such
second view, tenant shall not appear and pay the
rent, or there shall not be sufficient distress on
the premises to pay the rent, then the justices may
put the landlord in possession, and the lease thence-
forth to be void. U Geo. II. c. 19. but appeal
allowed to the next justice or justices of assize; if
in London to the King's Bench or Common Pleas ;
if in the Counties Palatine to the judges thereof;
if in Wales to the Great Sessions; who are respect-
ively authorized to order restitution to the tenant,
if they see cause, with costs; but if the order of the
justices is affirmed, then tenant to pay costs not
exceeding ^5. s. 17.
Complaint for fraudulently ayid ctandestinely removing Goods
to avoid Distress.
■ to wit. Be it remembered, That this day of
. , 1817, A. B. of — — complaineth that C. D. of
hath fraudulently and clandestinely removed and conveyed
away certain goods and chattels, not exceeding the value of
i£'50. from his dwelling house situate at in the county
aforesaid, to prevent E. F. of from distraining the said
goods and chattels for arrears of rent due to him for the said
dwelling house [or as the case is], and that G. H. ot -
■wilfully and knowingly aided and assisted the said CD. in so
fraudulently and clandestinely removing and conveying away
the said goods and chattels, and in concealing the same.
A. B.
Exhibited at , the day of , before us J. C.
and Si P. Esquires, two of His Majesty's justices of the peace
Hh
4t)6 Landlord and Tenant
in ind for the said county, residing near the place where the
goods and chattels were, and not being interested in the lands
ind tenements from whence the same were removed.
Summons thereon.
To the Constable of in the county of ■ .
• to wit. Whereas a complaint in writing hath been
this day exhibited before us, two of His Majesty's justices of
the peace for the said county, residing near the place from
whence the goods and chattels hereafter mentioned were re-
moved, and not being interested in the lands or tenements from
whence the same were conveyed, by A. B. of , setting
forth that C. D. of hath fraudulently and clandestinely
removed and conveyed away certain goods and chattels, not
exceeding the value of ^""SO. from his dwelling house [or as
the case is], situate at , to prevent E. F. of ^ from
distraining his said goods and chattels for arrears of rent due
to him for the said dwelling house, and that G. H. of——,
and J. K. of wilfully and knowingly aided and assisted
the said C D. in so fraudulently and clandestinely removing
and conveying away the said goods and chattels, and in con-
cealing the same.
These are therefore to command you forthwith to summon
the said C. D. G. H. and J. K. to appear before us at , on
the day of , at the hour of in the noon, to
answer the matter of the said complaint.
Given under our hands and seals, this day of , in
the year of our Lord 1817.
J. C.
s. p.
Conviction of a Tenant for fraudulently removing Ooods ^c.
and his x^bettors.
•——to wit. Be it remembered. That on the ——^ day of
— — , in the 67th year of the reign of our Sovereign Ix)rd
George the Third, by the Grace of God of the United Kingdom
&c. and in the ycar'of our Lord 1817, A. B. of - — -, gent, [if
rrkibited by bailiff, steward vr agciUi my *"-' bailiff, sfervalit or
Landlord and Tenant. 46^
agent of E. F. of in the said county, gent. "J in his owi>
proper person cometh before us J. C. and S. P. Esquires,
being two of the justices of our said Lord the King, assigne4
to keep the peace of our said Lord the King in and for the sai4
county of , and also to hear and determine divers felonies,
trespasses and other misdemeanours in the said county com-
mitted, residing near the place whence the goods and chattels
herein-after mentioned were removed, [or if the proceedings
me before justices residing near the place where the goods an(i
chattels were found, say '' residing near the place where the
goods and chattels herein after mentioned were found,"] we or
either of us not being interested in the [here describe the place
whence such goods and chattels were removed, as " messuage,
dwelling house, cottage, close, &c." us the case may be], and
[if the complaint is exhibited by bailiff, servant or agent oftlw
landlord, say "on the behalf of the said E. F."] exhibiteth
before us a certain complaint in writing against C. D. of the
parish of in the county of , yeoman, and thereby
giveth us the said justices to understand and be informed, that
the said C. D. (or one G. H.) [naming the tenant] for the half
of a year next before and ending at and upon the day of
, in tlie year of our Lord 1817, held and enjoyed a certaiij
[here describe tlie demised premises], with the appurtenances,
situate, lying and being in the parish of in the county of
, as tenant thereof to the said E. F. under a demise
thereof theretofore made at the yearly rent of , payable to
the said E. F. half yearly, to wit on tlie day of and
the day of — , by even and equal portions ; and that on
the said day of , in the year aforesaid, the sum of
j^ of the rent aforesaid, for the half year ending the
day of — — last, became, and was and still is due, in arrear
and unpaid, from the said CD. to the said E. F. the said
C. D. afterwards, that is to say on the day of , in the
year of our Lord 1817, fraudulently and clandestinely conveyed
away and carried otf and from the said demised premises, one
[Jiere describe the goods taken], being the proper goods and
chattels of the said C. D. not exceeding in value the sum of
^50. but being of the value of ^'- of lawful money &c. to
prevent the said E. F. from distraining the same for the said
arrears of rent, so then due and unpaid as aforesaid [fthe com-
plaint is against a third person for assisting, say "and that the
said G. H. on the day and year aforesaid, jlijl wilfully and
H H 2
4G8 Landlord and Tenant
knowingly aid and assist the said CD. in such fraudulent con-
veying away and carrying oft' and from the said demised pre-*
mises the said goods and chattels and every part thereof;" ot
if the complaint against ftiich third person is for concealing the
floods snfrnnclulently carried off the premises, say " and that
the said G. H. afterwards, and after the said goods and chattels
were so fraudulently and clandestinely conveyed away and
carried off and from the said demised premises as aforesaid, ta
wit on the same day and year aforesaid, at the parish of •
in the county of , did wilfully and knowingly aid and assist
the said CD. in concealing the said goods and chattels and
every part thereof,"] contrary to the form of the statute in such
case made and provided; whereby and by force of the said
statute, the said C. D. hath forfeited to the said E. F. from
whose estate the said goods and chattels were so fraudu-
lently carried off as aforesaid, double the value of the said
goods so by him carried off or concealed as aforesaid j and
thereupon the said E. F. humbly prays that the said C. D.
may be convicted of the said offence, according to the form of
the statute in such case made and provided, and that the said
C. D. may be summoned to answer the said premises and to
make his defence thereto, before us the said justices : where-
upon the said C D. having been duly summoned in this be-
half, to answer and make his defence to the said complaint
and (he said offence therein charged upon him before us the
said justices afterwards ; that is to say on the day of ^
in the said year of our Lord 18] 7? at aforesaid in the
said county of , appeareth and is present before us the
said justices, in order to answer and make good his defence to
the said complaint and the said offence therein charged upon
him as aforesaid ; and he the said C. U. having heard the same,
is asked by us the said justices if he can say any thing for
himself why he the said C D. should not be convicted of the
premises above charged unto him in form aforesaid, who
pleadeth that he is not guilty of the said offence; — nevertheless^
on the said day of , in the said year of our Lord
1817, at —aforesaid, in the county aforesaid, one credible
witness, to wit N. O, of in the said county, yeoman,
Cometh before us the said justices in his proper person, and
before us the said justices the said N. O. being then and there,
to wit on the same day and year aforesaid, at aforesaid in
the county aforesaid, duly sworn, touching the premises, upon
Jjandlord and Tencmt. 46^
the Holy Gospel on his corporal oath, to him administered by
us the said justices (we the said justices having full power and
authority to administer the said oatli to tiie said N. O.) de-
poseth, sweareth, and upon his oath aforesaid affirmeth and
saith in the presence and hearing of the said C. D. that [iiere
set forth the evidence, which must prove the particulars of the
demise, the amount of the rent in arrear, the fact of removing
the goods, a7id the circumstances of privacy or fraud attending
it; and if the complaint is against a third person for assisting,
the fact of such assistance and its particular manner; or if the
complaint against such third person is for concealing the goods
or chattels so fraudulently conveyed aicay by the tenant, the fact
of concealing such goods and chattels, and. which of them in
particular, icith the place where they were found so concealed^
and lastly the value of the goods so removed and carried a^cay
or concealed,] whereupon all and singular the matters and
things in the said complaint and evidence contained, being by
the said C. D. then heard and fully understood, the said C. D.
is by us the said justices asked what he has to say or offer in
his defence against the said complaint and offence, and in
answer to the evidence given as above mentioned, and what he
hath to say why he sliould not be convicted of the premises so
charged upon him : and forasmuch as upon hearing and fully
understanding the said complaint and the evidence given as
above mentioned, and also upon hearing and fully under-
standing all and singular the matters and things by the said
C. D. aliedged and proved in his defence touching the premises
in the said complaint specified, it manifestly appears to us the
said justices that the said C. D. is guilty of the premises
above charged upon him in the said complaint, and that the
said goods and chattels in the said complaint mentioned at the
time of the carrying off [or concealing] the same, as in the said
complaint is mentioned, were of the value of .^ , of lawful
money of Great Britain; Therefore it is adjudged by us the
said justices, that the said C. I), be convicted and he is
hereby convicted by us the said justices of the offence charged
upon him in and by tlie said complaint, according to the form
of the statute in that case n)ade and provided; and we do
adjudge and order the said C. D. to pay to the said E. F. [if the
complaint is by the bailiff ^c. say " to the use of the said
E. F.] the sum of ^ [being double the value of the said
goods and chattels in the said complaint mentioned], on the
H H 3
47^ Landlord and Tenant.
^ day of now next ensuing, according to the form of
e unto him the
said A.B. from the said C. D. the tenant of the said demised
premises, one whole year's rent thereof, and that he the said
C. D. hath deserted the said demised premises and left the
same uncultivated and unoccupied, so as no sufficient distress
can be had to countervail the said arrears of rent, and that the
said arrears of rent have been duly demanded according to law;
wherefore the said A. B. doth request J. C. and S. P. Esquires,
Landloi'd and Tenant. 475
two of His Majesty's justices of the peace for the said county,
to go and view the said demised premises, and affix on the most
notorious part thereof a notice in writing what day they will
return and take a second view thereof, and that a remedy
may be given to the said A. B. according to the form of the
Statute in that case made and provided. A. B.
1'aken before us the said justices,
the day of , 181 7.
J. C.
S. P.
Notice to Tenant of two Justices^ view tf deserted Premises^
Mr. CD.
Take Notice, That upon the complaint and In-
Ibrmation of A. B. of in the county of , gent, made
unto us whose names and seals are hereunto subscribed and
set, being two of His Majesty's justices of the peace for the
county of , that you the said C. D. have deserted the
messuage &c. situate at In the said county, demised to
you by the said A. B. by indenture bearing date the day
of- , 1817, at a rack rent, [or three fourtlis of the yearly
value] viz. at tlie yearly rent of ^. and tiiat there is
in arrear and due from you unto the said A. B. one whole
year's rent for the said demised premises, and that you have
left the said premises uncultivated and unoccupied, so that no
sufficient distress can be had to countervail the said arrears of
rent; we the said justices having lo interest, nor either of us
having any interest in the said demised premises, on the said
complaint and at the request of him the said A. B. have tliis
day come upon and viewed the said demised premises, and do
find tlie said complaint to be true; and on the day of
— — we will return to take a second view thereof, and if upon
such second view you, or some person on your behaif, sliail not
appear and pay the said rent in arrear, or there shall not be a
sufficient distress on the said premises, then we the said jus-
tices will put him the said A. B. into the possession of the
said demised premises, according to the form of the statute in
sucli case made and provided. In witness whereof we the said
justices have hereunto set our hands and seals, and have caused
this notice to be affixed on the outer door of the said messuage
or tenement, the same being the most notorious part of the
said premises, this •—-— day of ,1817. J- C.
s. r.
i76
Landlord and Tenant.
Record of putting Landlord in Possession.
to wit. Be it remembered, That on the day of.
— -r— , in the 57th year of the reign of His Majesty King George
III. and in the year of our Lord 1817, A. B. of in the'
county of , complained unto us J. C. and S. P. Esquires,
two of the justices of our said Lord the King assigned to keep
the peace within the said county, and also to hear and deter-
mine divers felonies, trespasses and other misdemeanors in the
said county committed, that he the said A. B. did in and by a
certain indenture bearing date the day of , 18 — ,
demise unto C. D. of in the said county, a messuage &c.
[as the fact is], situate &c. at a rack rent [or three foiirtJis of
the yearly valuel, that is to say, at the yearly rent of ^.
payable quarterly, on the day of &c. and that on the
day of last there was due and in arrear unto the said
A. B. from the said C. D. as tenant of the said demised pre-
mises, one whole year's rent thereof; and that he the said C. D.
had deserted the said demised premises and left the same un-
cultivated and unoccupied, so as no sufficient distress could be
had to countervail the said arrears of rent, and that the said
arrears of rent had been duly demanded according to law:
whereupon the said A. B. then and there, to wit on the said
■ day of , in the year aforesaid, at ^ aforesaid in
the county aforesaid, requested of us the said justices that a
due remedy to him in this behalf should be provided, according
to the form of the statute in that case made 5 which complaint;
and request by us the aforesaid justices being heard, we the
said J. C. and S. P. Esquires, justices aforesaid, (having no in-
terest, nor either of us having interest in the said demised
premises) on the said day of , in the year aforesaid,
did personally go upon and view the said premises, and then
and there upon our own proper view did find the said com-
plaint to be true, and did then and there affix on the most no-
torious part of the said demised premises, to wit upon the outer
door of the said dwelling house [or as the fact may be], a no-
tice in writing under our hands and seals, that we the said
justices, on the day of , in the same month of ,
in the year aforesaid, would return to take a second view
thereof; upon which said day of ^ in the year afore-
Larceny. 477
said, we the said justices did return and take a second view of
the premises aforesaid, and there upon our own proper view
did find that he the said C. D. did not appear, nor did any person
in his behalf appear and pay the said rent in arrear, and that
there was no sufficient distress upon the premises aforesaid,
nor upon any part thereof, to countervail the said arrear of
rent j Therefore we the said justices, at aforesaid in the
county aforesaid, on the — day of , in the year afore ^
said, did put the said A. B. into possession of the said demised
premises, according to the form of the statute in that case made
and provided. ,
In witness whereof we the said justices unto this record do
set our hands and seals, at aforesaid in the county afore-
said, the day of , in the 57th year of the reigri &c.
and in the year of our Lord I8I7.
J. C.
S. P.
LARCENY.
Larceny is the feloniously and fraudulently
taking and cariying away the personal goods of
another in his absence, and is divided into Grand
and Petit Larceny.
Grand larceny is the felonious and fraudulent
taking and carlying away of the personal goods of
another, above the value of 12d.
Petit larceny is when the goods stolen do not ex-
ceed that value. 1 Haw. c. 33, s. 1. Two persons
stealing together goods of the value of 12d. arc
each guilty of grand larceny, s. 32, but no number
of petit larcenies can be combined so as to consti-
tute one act of grand larceny. Leach, 329.
Grand larceny is punishable with death; petit
larceny with forfeiture of goods, transportation,
478 Larceny,
and whipping, or other corporal punishment.
1 Haw. c. 33. s, 36.
A taking violently in the presence is a taking
from the person. Sir. 1015.
Stealing things attached to the freehold, as corn
or grass growing, or apples, &c. on a tree, is not
larceny but a trespass; otherwise if severed from
the freehold, ^.21. and this whether severed by the
owner, or even by the thief, if the latter sever them
at one time and come again to take them. 1 Haw.
c. 33, ^.21.
In petit larceny there can be no accessaries
either before or after the fact. 2 East. P. C. c. l6,
s-. 1 16. and if any person harbour,
conceal or assist a deserter, knowing him to be
such, he shall forfeit ^5.
Militia-man pawning his arms or accoutrements
shall forfeit ^3. and if not paid^ may be imprisoned
506 Militia (Regular.^
three months. 42 Geo. III. c 90, s. 101. persons
knowingly buying or taking in exchange any
militia arms, clothes or accoutrements, to forfeit
^10. and if not paid, and no distress can be had
for the same, the justice may commit the offender
to prison for six months, or cause him to be pub-
licly or privately whipped. Ibid. s. 102.
If any person not possessed of property to the
amount of ^500. who shall make oath of the same,
shall be chosen by ballot for any place, where the
militia is drawn or ordered out for actual service, the
churchwardens and overseers on receiving an order
from two deputy-lieutenants, are to pay to the
person so chosen (/. e. so chosen subsequently to
the date of the King's warrant) any sum not ex-
ceeding one half of the current price paid for a
volunteer or substitute; which sum is to be paid
out of the rate made for the providing substitutes,
or if none, then out of a rate to be made similar to
the poors' rate. 42 Geo. III. c. 90, s. 122. but no
person ballotted and receiving ten guineas under
49 Geo. III. c. 53. to be entitled to this allowance.
If any churchwarden or overseer refuse or neg-
lect to pay this money on demand and production
of an order, he shall forfeit ^10. half to the per-
son ballotted, in lieu or in part of the sum ordered
to be paid him ; but if any man serving for himself
be disapproved of and discharged within one month
after enrolment, the money is not to be paid to
him but to the next person ballotted in his stead ;
Militia (Regular.} 50/
und If any substitute is so disapproved of and dis-
charg-ed, the money shall not be paid to the princi-
pal, unless he serve himself or find an approved
substitute. Ibid,
The commandants of corps, during- the militia
being- on actual service, are to transmit to the ma-
gistrates at every quarter sessions, certificates of
vacancies to be filled up, and the magistrates are
to assess ^10. for each private so certified defici-
ent; and if at the next succeeding quarter sessions
any vacancies still remain, a further penalty of
^10. is to be levied, and so on until, the deficiencies
are all filled up. 43 Geo. III. c. 60, s. 4.
If militia-men in actual service leave families, the
overseers of the poor where such families dwell, are
to pay them, by order of a justice of the peace, a
weekly allowance according to the ordinary price
of labour in husbandry within the county wherein
such family shall reside, viz. the price of one day's
labour, and not less than is. for each child under
ten years of age. 43 Geo. III. c. 47, s. 2. It is
customary in Middlesex and some of the adjoining-
counties to order 2s. Cd. a week to the wife, and 2s.
for each child; thoug;h some justices order 6d. less to
each ; but the justices at any Michaelmas quarter
sessions may regulate the allowances to be paid.
43 Geo. Ill, c, 47, s. 2, 3. and these allowances to
the famihes of substitutes are extended to the fa-
milies of volunteers raised to supply the places of
those who have entered into the rcg;ular forces.
508 Militia CRegularJ
(prior to the Wth of April, 1811 J 49 Geo. III. c. 53,
s. 3, 6. but no allowance to be made to the families
of militia-men raised as substitutes, hired men or vo-
lunteers, after the Wth of April, 1 8 U ; siieh allow-
ance being confined to the families of ballotted
men only. 51 Geo. HI, c. 20, s, 20.
Volunteering to serve in Ireland shall not deprive
militia-men enrolled before the 11th of April, 1811,
or their families, from receiving the allowances.
61 Geo. IJL c. 20. s. \,
No allowance to be made until the militia-man
joins his corps, nor for any longer period than he
remains in actual service; nor to any wife who fol-
lows the corps, or leaves her child or children, or
her home, unless under a certificate of a justice, or
the overseers of the parish in which such relief is
given, authorizing such departure. 43 Geo. III.
c. 47, s. 4. but if she follows the regiment, or leaves
her home and returns, she is entitled to resume the
allowance. 53 Geo. III. c.S\, s.\.
Nor is the allowance to be made to the family of
a substitute, who at the time of enrolment falsely
and fraudulently declared that he had no wife or
family ; nor to any substitute, hired man or volun-
teer having more than one child at the time of enrol-
ment, who shall fraudulently and falsely declare that
he had only one child: if, however, he make provi-
sion for his other children to the satisfaction of any
justice to whom any application shall be made for
relief, such justice may order the allowance for the
Militia (Regular.) 509
wife and one child under ten years old. 43 Geo III.
c. 47, s. 5. No allowance to be made to the family
of a non-commissioned officer reduced to the ranks
for misconduct, nor to the family of any substitute,
hired man or volunteer who shall marry after being
called out to actual service, unless such marriage is
with the consent of the commanding- officer, certi-
fied under his hand. 43 Geo. 111. c. 47, ,9. 6, 7« Mi-
litia-men's families not to be sent to any workhouse
by reason of receiving- the allowance, nor be de-
prived of their legal settlement elsewhere, s. 8. but
if the allowance proves insufficient and the parish
is burthened to a greater extent, there is nothing in
this act to prevent their being removed as other
paupers to their last legal settlement.
Allowances to the families of non-commissioned
officers and drummere to be repaid to the overseers
by the treasurer of the county in which the family
is relieved; and if the regiment belongs to another
county, the treasurer of the former to be reimbursed
by the latter. Ibid. s. 9.
If a militia-man's family reside in a different
county than that for which he serves, a justice may
make an order on the overseers of the parish for
which he serves, to reimburse overseers who ad-
vance the allowance, s. 14. but if by reason of the
distance, overseers entitled to the re-payment of
such allowances, cannot conveniently receive it,
the treasurer of the county where such allowance
is paid, shall upon the production of an order and
510 Militia CReguIar.J
certificate reimburse it to the overseers demandin^^
the same. s. 15. treasurers so reimbursing are to
transmit an account signed by a justice to the
treasurer of the county or place for which the man
serves, who shall repay the same. s. l6. and trea-
surer repaying such allowances to another trea-
surer, is to transmit the signed account to the jus-
tices at the next quarter sessions, who are to make
orders for the overseers of the respective parishes
for which the men serve, to pay the same to the
treasurer of the county within fourteen days after
notice, s. 17. All accounts for allowances to be
made up every six months, and signed by justices
granting the certificate, or some others of the same
county within one month, s. 2).
If more than a wife and three children become
chargeable, the overseers of the parish for which
the husband serves or in which the family resides,
may provide another fit and able man between
18 and 35 years old, having no wife, or child under ^
10 years old, to serve in the stead of the man with
a family. ^.22.
If any overseer shall neglect to pay the money
ordered by a justice, he shall forfeit ~£5. which
may be levied by distress, s. 23. but if any person
feel aggrieved by the order of a justice for payment
of any sums, he may appeal to the next quarter
sessions. .?. 26.
No Serjeant, corporal, drummer or private shall
be compelled to serve as a peace or parish officer, or
Militia (^Regular. J 511
to perforin statute duty on the highway. 42 Geo. II L
c. 90, s. 174.
Married militia-men may set up trades in any
place in Great Britain, the same as soldiers, by vir-
tue of 24 Geo. HI. c. 6. Ibid. 175. and are not re-
movable till actually chargeable. 3 T. R. 134.
The deputy-lieutenants may issue orders for the
attendance of constables or other parish officers,
and if they neglect to appear, or any chief consta-
ble or other officer do not return lists, or are guilty
of fraud, partiality or neglect, may be committed
to gaol for one month, or be fined not exceeding
^20. nor less than 40s. at the discretion of the
deputy-lieutenants. 42 Geo. III. c. 90, .9. 32.
Lord-lieutenants, deputy-lieutenants and justices
of the peace are authorized to administer oaths in
all matters respecting the militia laws. 42 Geo. III.
c. 90, s. 67.
All fines, &c. not exceeding ^20. may be reco-
vered before one justice, on proof on oath, and are
to be levied by distress; and for want of distress, in
cases where no particular time is limited, the jus-
tice may commit to gaol for not exceeding three
months; such fines, unless otherwise directed, to
be paid to the clerk, or if no clerk, to the com-
manding officer of the corps. 42 Geo. III. c. 90,
s. 176. 49 Geo. III. c. 53, .V. 41, 42. 53 Geo. Ill,
c. 96*, s. 17.
If any witness neglect to appear when sum-
moned, the justice or deputy-lieutenant may fine
him not exceeding ^5. 49 Geo. III. c. 53, s. 42.
512 Militia ('Begula?\J
No order or conviction to be removed by certio*
rari. 42 Geo. III. c. 90, s. 177. and in actions
brought against justices on account of any convic-
tion, levying any penalty^ &c. the plaintiff shall only
recover 2d. damages, and no costs unless it is
proved to have been done maliciously. 43 Geo. HI.
c. 141, s. 1.
By 54 Geo. III. c. I89, and 55 Geo. III. c. 160,
the pay, cloathing, and contingent expenses of the
disembodied militia are regulated.
By 55 Geo. III. c. 65, relief to be given to the
families of non-commissioned officers and drum-
mers employed in the recruiting service^ by over-
seers of the poor, in the same manner as if their
corps were embodied; to be calculated from the
14th of April, 1815, and continued during such em-
ployment in the recruiting service, s. 7.
Precept to the High Constable for ordering Lists to be returned,
and Constable's fVarrajit thereon.
To W. S. Gentleman, High Constable of the Hundred of
in the county of — — .
to wit. We, J. C. and S. P. Esquires, two of His
Majesty's deputy-lieutenants for the county aforesaid, at our
general meeting for that purpose assembled, do hereby require
you to issue out your warrants to the several petty constables
within your said hundred, according to the form hereon
indorsed.
Given under our hands and seals, the — — day of , in
the year of our Lord 181 7. *
J. C.
S. P.
Militia (Regular.) 513
Forni of the Said Warrant indorsed.
To the Constable of .
to wif. By virtue of an order from the deputy-lieu-
tenants in and for the said county, at. their general meeting
for that purpose assembled unto me directed^ you are hereby
required to make out a fair and true list in writing, of all men
usually and at this time dwelling within your constablewick,
between the ages of eighteen and forty-five years, distinguish-
ing therein their ranks and occupations, and which of the said
persons labour under any infirmities likely to incapacitate
them from serving as militia-men; and also which of them
[if any'] is an officer or private man serving in His Majesty's
other forces, or a commissioned officer serving or who has
served for four years in the militia, or a private man serving or
who has served in the militia by himself or substitute for five
years or until legally discharged, or a member of either of the
universities, clergyman, licensed teacher of any separate con-
gregation, constable or other peace officer, articled clerk, ap-
prentice, seaman, or sea-faring man, or poor man who has two
children born in wedlock; which list, so fairly and truly made
as aforesaid, you are hereby required to return upon oath to
the deputy-lieutenants and justices of the peace for the said
county, at their meeting for that purpose, to be held on the
• day of next ensuing the date hereof, at — '■ — in the
said county; And you are hereby further required to affix a
true copy of the said list so to be made out as aforesaid, on the
door of the church or chapel belonging to your respective
parish, township, or place; and if such place hath no church
or chapel belonging thereto, then on the door of the church
or chapel of some parish or place thereto adjoining, on some
Sunday mornincr, which shall be three days at the least before
the said day of ■ ; and also you are to affix notice in
writing at the bottom of the said list of the day and place of
the said meeting, and that all persons who shall think them-
selves aggrieved may then appeal, and tliat no appeal will be
afterwards received. Herein fail you not.
Given tinder my hand the day of , in the year
of our Lord 181 7.
W. S. High Constable of ,
L L
514 Militia (Begular.)
Notice ^LLkt to be returned.
To A. B.
. -- — to wit. Take notice that you are hereby rcqulredl
within fourteen days from the date hereof to prepare or pro-
duce a list in writing, to the best of your belief, of the
Christian and surname of each and every man resident in your
dwelling-house, between the ages of eighteen and forty-tive,
distinguishing every person in your dwelling-house of such age
as aforesaid claiming to be exempt from serving in the militia,
together with the ground of every such claim of exemption ;
and you are to sign such list with your own name, and to
deliver or cause the same to be delivered to me.
Dated this day of 1817.
CD. Constable of .
N.B. If a house is divided in distinct stories or apartments
occupied distinctly, each distinct occupier is required to
make tiiis return. Neglect of compliance with this notice
will subject the party to the penalty of ^10.
Sunnnons to Housekeeper for not returning a true List of ^
Persons liable to serve in the Militia.
To A. B. of the parish of — — in the county of .
to wit. Whereas complaint and information hath ;
been made before me one of His Majesty's justices of the
peace for the said county, by C. D. constable of the said
parish, that you have neglected, after due notice given to you
for that purpose, to return to him a true list in writing, of the
Christian and surname of every man resident in your dwelling-
house, between the ages of eighteen and forty-five, in order |
that he might insert them in his list of persons liable to serve
in the militia of the said county, whereby you have incurred a ;
penalty of ten pounds. These are therefore to require you
personally to appear before me or such other of His Majesty's
justices of the peace as shall be present at in the said
county, on the day of at o'clock in the i
- ■■ - noon, then and there to answer to the said complaint and i
Militia (Regular. J 515
Information made by the said C. D. who is likewise directed to
be present to make good the same, and to shew cause why the
said penahy, with all costs and charges, should not be levied
on your goods and chattels by distress and sale thereof, pursuant
to the statute.
Given under my hand this day of— - -, 181 7.
S. P.
Precept to the High Constable to issue a Warrant to Petty
Constable to give Notice of the Number of Men appointed
to serve &c.
To W. S. Gentleman, High Constable of the hundred of — —
in the county of .
to wit. We, J. C. and S. P. Esqs. deputy-lieutenants
(and J. B. Doctor in Divinity, justice of the peace, in case only
one deputy -lieutenant be present) , in and for the said county, at
our sub-division meeting assembled for proportioning the num-
ber of private militia-men to serve for each parish, tithing or
place within the said hundred, do hereby require you to give
notice to the several petty constables within your said hundred,^
of the number of men appointed by us to serve for the several
parishes, tithings or places within their respective districts,
according to the list hereunto annexed ; and that our next
sub-division meeting for causing the said men to be chosen
by lot to serve in the said militia, will be at in
in the said county, on the day of now next ensuing.
Given under our hands and seals, the day of , in
the year of our Lord 181 7.
J. C.
S. P.
J. B.
Warrant indorsed.
To the Constable of .
to wit. By virtue of an order from the deputy-lieu-
tenants and justices of the peace for the said county, at their
sub-division meeting for that purpose assembled, you are
hereby required to give notice to the several persons within
I. L 2
516 Militia (Regular.}
your constablewiclc, Fiable to serve in the militia of the said
county, that men are appointed to sen'e for the sairl
township [or if the Ustf of two or more townships are added
toi^'etlter then satj, that men are appointed to serve jointly
for your said township, and for the township of in ihe
said hundred], and that the next sub-division meeting for
causing the said men to be chosen by lot to serve in the said
militia, will be at in in the said county, on the
day of now next ensuing.
Given under my hand the day of , in the year of
our Lord 1817.
S. P.
Notice to the Toivnshtp to sJiew Cause against a Militia-man^ s
Discharge.
To the Constable of in the county of — — .
to wit. By virtue of an order from His Majesty's
(Jcputy-lieutenants and justices of the peace in and for the said
county, at their sub-division meeting for putting the laws in
execution relating to the militia of the said county, you are
hereby required forthwith to give notice to all persons within
your constablewick liable to serve in the militia, that if any
person or persons can shew just cause why E. F. now serving
in the militia for the said constableWick should not be dis-
charged and another man balloted in his place, they may appear
at in the said county, on the day of , then
and there to make their objections: And you are to appear at
the same time and place to certify what you shall have done
in the execution hereof.
Given under my hand the day of , in the year of
our Lord 1817.
W. T.
Clerk of the sub-division meeting.
Militia CJRegular.J 517
Precept to High Constable to issue his fVarrant to Petty
ConHables, to give JSotice to Persons chosen by Lot, to
appear and take the Oaths and be enrolled, and Petty
Constable's Warrant thereon.
To W. S. Gentleman, High Constable of the Hundred of
in the county of .
to wit. We, J. C. and S. P. Esqs. deputy-lieutenants
(and J.B. Doctor in Divinity, and the Rev. H.S.T. Clerk, two
of His Majesty's justices of the peace in the said county, in case
only one deputy -lieutenant be present), at our sub-division
meeting for tliat purpose assembled, do hereby order and re-
quire you fortliwith to issue your warrants to the several petty
constables within your hundred, according to the form hereon
indorsed.
Given under our hands and seals, the day of — — 18.17.
J. C.
S. P.
J. B.
H.S.T.
Form of the said Warrant indorsed.
To the Constable of .
to wit. By virtue of an order from the deputy-lieu-
tenants [and justices of the pence, as the case may be], in and
for the said county, at their sub-division meeting for that pur-
pose assembled, you are hereby directed and required to give
notice toA. B. an inhabitant within your constal)lewick, ciiosen
by lot at the said meeting to serve in the militia of the said
county, that litc do appear at in the said county, on -—'—
the day of next, then and there to take the oath in
that behalf required by law, and to be enrolled to serve in
the militia of the said county, as a private militia-man, for the
space of five years, or otherwise to provide a fit person (to be
approved of by the deputy-lieutenants and justices of the peace
tliat shall be then and tliere present) to serve as liis substitute,
L L 3
518 Militia (Regular.)
who sliall take the said oath and be enrolled in manner afore-
said J which notice you are to give unto him, or to leave the
same at his place of abode, at least seven days before the said
day of next; and be you then and there to certify
upon oath what you shall have done in the premises. Herein
fail you not.
Given under my hand the day of , in the year of
our Lord 1817.
Notice to be left at the Dwelling-house, where personal Notice
cannot be given.
to wit. Notice is hereby given unto you, that you are
chosen by lot to serve in the militia of this county of ,
and that you are personally to appear at in the said
county, on the day of— — next, before the deputy-
lieutenants and justices of the peace for the said county to he
then and there assembled, to take the oath in that behalf re-
quired, and to be enrolled to serve in the militia of the said
county as a private militia-man for the space of live years, or
otherwise to provide a fit person (to be then and there approved
by the said deputy-lieutenants and justices) who shall take the
said oath, and be then and there enrolled as aforesaid.
Given under my hand the — — day of , in the year of
our Lord I8I7.
W.S.
Constable of — — .
Form of the Oath.
I, G. H. do make oath, that I am by trade a
— '— ? and have been usually a resident in the parish of in
the county of , that I am unmarried [or have a wife living,
as the case may be], and that I have no children [or only one
child born in wedlock], and that 1 have no rupture, nor ever
was troubled with fits, and am no ways disabled by lameness
or otherwise, but have the perfect use of my limbs ; that I am
not a seaman, or sea-faring man, or an apprentice^ and that I
Militia CRegular.J 519
60 not belong to Hb Majesty's navy, army, or marines, nor to
any other corps of militia; as witness my hand at , the
day of , I8I7.
G.H.
Sworn before me, at ,
this day of , 1817.
S. P.
Witness present,
A. B.
Informatian agabist a Militia-man for not appearing to be
sivorn and enrolled. — 49 Geo. III. e. 53, s. 13.
to wit. The information and complaint of A. B. of
in the said county, made upon oath before me S.P. Esq.
one of His Majesty's justices of the peace in and for the said
county, tlie day of , in the year of our Lord 1817,
that C. D. late of &c. in the said county, yeoman, (not being
one of the people called quakers,) hath been duly chosen by
lot to serve as a private militia-man in the militia of the said
county, and hath had due notice to appear before the deputy-
iieutenants and justices of the peace in and for the said county
at their sub-division meeting for that purpose assembled, to
take the oath in that behalf required and to be enrolled to
serve in the said militia as a private militia-man, or to provide
a fit person to serve as his substitute; and that the said C. D.
hath neglected to appear and take the said oath and to serve in
the said militia, and iiath also neglected to provide any fit
person to serve as his substitute: Whereupon he the said A. B.
praveth that justice may be done against him the said CD. for
the said offence.
A.B.
Sworn before ine the said justice,
S. P.
Summons thereupon^
To the Constable of -.
to wit. Whereas complaint and information upon
oath, hath been made unto mc, S. P. Esq. one of His Majesty's
justices of the peace in and for the said county, that A. B. late
of — — in the county aforesaid, yeoman, (not being one of the
L L 4
520 3lilitia fRegidar.J
people called qiiakevs,) hath been duly chosen by lot to serve as
a private militia-man in the militia of the said county, and
hath had due notice to appear before the deputy-lieutenants
and justices of the peace in and for the said county at their
sub-division meeting for that purpose assembled, to take the
oath in that behalf required and to be enrolled and serve in
the said militia as a private militia-man, or to provide a fit
person, to be approved by the said deputy-lieutenants and jus-
tices as aforesaid, to serve as his substitute; and that he the
said A. B. hath neglected [or refitfted] to appear and take the
said oath, and to serve in the said militia, and hath also neg-
lected to provide any fit person to serve as his substitute: —
These are therefore to require you forthwith to summon the
said A. B. to appear before me at tl>e house of , in
in the said county, on the day of , at the hour
of in the afternoon of the sanje day, to answer unto the
said complaint, and to shew cause why the penalty of ^£^20.
should not be levied upon his goods and chattels for the sai4
offence. Herein fail not.
Given under my hand and seal &c.
Warrant of Dislrcas for the Penalty. •
To the Constable of in the county of — -^.
to wit. Whereas C. D. late of in the county
aforesaid, yeoman (not being one of the people called quakcrs)>
js this day duly convicted upon oath before me S. P. Esq. one
of His Majesty's justices of the peace in and for the said
county, for that he the said C. D. having been duly chosen by
lot to serve as a private militia-man in the militia of the sai4
county, and after due notice given unto him to appear before
the deputy-lieutenants and justices of the peace in and for the
said county at their sub-division meeting for that purpose as-
sembled, to take the oath in that behalf required and to be
enrolled to serve in the said militia as a private militia-man,
or to jirovidc a fit person (to be approved of by the said deputy-
lieutenants and justices as aforesaid) to serve as his substitute;
hath neglected to take the said oath and to serve in the said
militia, and also hath peglected to provide any fit person to
s^ve as his substitute, whereby he the said C. D. hath forfeited
. ^lilitia fRegidar.J 521
the sum of ^20. These are therefore in His said Majesty's
name to command you to levy the said sum by distress of the
goods and chattels of him the said C. D. and if within the space
of {four] days next after such distress by you taken, the said
sum, together with reasonable charges of taking and keeping
the said distress, shall not be paid, that then you do sell the
said goods -and chattels so by you distrained, and out of the
money arising by such sale that you do pay the said sura of
^20. to the said deputy-lieutenants and justices as aforesaid,
or to such person as they shall appoint to receive the same, for
the providing a substitute to serve for him the said C. D. and
for the other purposes by law directed for the application
thereof, rendering the overplus, if any shall be, on demand,
unto him the said C. D, the reasonable charges of taking,
keeping and selling the said distress being first deducted.
And if sufficient distress cannot be found of the goods and
chattels of him the said C. D. whereon to levy the said sum of
.^"20. then that you certify the same to me, together with the
return of this precept. Herein fail not.
Given under my hand and sealj this day of — — , in
the year of our Lord 1817.
^ S. P.
Constahle's Return of no Distress,
to wit. E. F. constable pf in the said county,
piaketh oath before me S. P. Ksq. one of His Majesty's justices
pf the peace for the said county, the day of , in the
year 1817, that by virtue of my warrant to him directed, to
Jevy the sum qf ^£''20. by distress and sale of the goods and
chattels of CD, late of— — - in the county aforesaid, he the
said constable hath made diligent search for such goods and
chattels, and that he doth not know, nor can find, that the said
C. D. hath any goods and chattels sufficient to answer the
said distress.
E. F.
Sworn before me,
S. P.
522 Militia (^ReguIar.J
Commitment for want of Distress.
To the Constable of in the county of , and to the
Keeper of the Common Gaol at ' in the said county.
to wit. Whereas C. D. late of ■ . ■ ■ ■ in the county
aforesaid, yeoman (not being one of the people called quakcrs),
was on the day of — *-, 1817, duly convicted before me,
one of His Majesty's justices of the peace in and for the said
county, for that he having been duly chosen by lot to serve as
a private militia-man in the militia of the said county, and
after due notice given unto him to appear before the deputy-
lieutenants and justices of the peace in and for the said county
at their sub-division meeting for that purpose assembled, to
take the oath in that behalf required and to be enrolled to
serve in the said militia as a private militia-man, or to provide
a fit person (to be approved of by the said deputy-lieutenants
and justices as aforesaid) to serve as his substitute, did neglect
to take the sdid oath, and to serve in the said militia, and also
did neglect to provide any fit persop to serve as his substitute,
and thereupon did forfeit the surh of i^20. And whereas on
the said day of , in the year aforesaid, I did issue my
warrant to the constable of , to levy the said sum of .;£'20.
by distress and sale of the goods and chattels of the said C. D.
And whereas it duly appears unto me, as well on the oath of
the said constable as otherwise, that he the said constable hath
used his best endeavours to levy the said sum on the goods and
chattels of the said C. D. as aforesaid, but that they are not
sufficient to answer the said distress. These are therefore to
command you the said constable of to appreliend the
body of the said C. D. and him safely to convey to the com-
mon gaol aforesaid, and there deliver him to the said keeper
thereof, together with this precept. And I do hereby com-
mand you the said keeper of the said common gaol to receive
into your custody in the said common gaol, the said C. D. and
him there safely to keep for the space of — — , and for so
doing this shall be your sufficient warrant.
Given under my hand and seal, this — — day of , in
the year of our Lord 18 J 7.
S. P.
i
Militia CRegular.J 523
Notice to a Ballotled Man to shew Cause ivhy the Penalty for
not appearing should not be levied.
Mr. A.B.
to wit. Notice is hereby given unto you, That you
having been chosen to serve in the militia of the county of
, and on being duly summoned have neglected or refused
to attend and take the oath in tliat behalf required, and to be
enrolled to serve in the militia of the said county as a private
nailitia-nian for the space of five years, or to provide a fit
person to serve in your stead, who should take the oath in that
behalf required and be enrolled accordingly; You are hereby
required to appear at , on the day of , ia
the year of our Lord 1817, at o'clock in the noon,
to shew cause why you should not be fined in the sum of a^'^O.
for such neglect or refusal.
Given under my hand, the day of , in the year
of our Lord I8I7.
C. D.
Constable of the parislx
of in the said county.
Order to pay half the Price of a Volunteer to a Man Salbtted
subsequently to the Date of His Majesty's fVarrant for
embodying the Corps.
To the Churchwardens and Overseprs of the Poor of In
the county of — — .
to wit. Whereas A. B, of your said parish of — — ,
liath before us, J. C. and S. P. Esquires, two of His Majesty's
. deputy-lieutenants acting in and for the hundred of • in
the said county, been chosen by lot to serve in the militia of
the said county, now embodied and in actual service, and hath
been sworn and enrolled personally to serve and hath served
therein for the space of one month and upwards, and not been
disapproved of or discharged [or hath provided C. D. his sub-
stitute, v)ho hath been duly SLCorn and enrolled to serve, and
hath served therein for the space of one month and upwards,
612-4 Militia (^Ilegidar.J
end hath not been disapproved of or discharged]: and it doth
appear to us, upon the oath of the said A, B. that he Is not
possessed of an estate in lands, goods or money, of the clear
value of ^^500. We do hereby order you, the said church-
wardens and overseers of the said parish, to pay to the said
A. B. the sum of , which we adjudge to be half the cur-
rent price paid for a volunteer within the said county*, out of
the rate made for volunteers within your said parish, and if
there be no volunteers provided by you within your said parish,
then that you pay the said sum of out of a rate to be
made after tlie manner of the poor's rate; but you are to ex-
cept out of the said rate all persons who have served five years
by themselves or substitutes, or are now serving in the said
militia.
Given under our hands and seals, the day of ,
jn the year of our Lord 1 817,
J. C.
S. P.
Certificate of Enrollment of a Substitute.
' r- Sub-division.
^ to wit. These are to certify, that at a sub-djvision'
meeting of His Majesty's deputy-lieutenants and justices of]
the peace for the said county, lieid at , on the —
day of 1817) A. B. of in the said county, yeoman,]
was chosen by lot to ser\-e in the militia, for the parish!
of in the said sub-division; and that on the —
day of 1817) C. D. of the parish of in the county
of , yeoman, was sworn and enrolled to serve as his
substitute, as appears by the rolls of the said sub-division.
W. T. Clerk to &c.
* If tVie corps were not drawn out and embodied by warrant dat^d
hfforc tlie drawing and enrolling of the militia-man, he is not entitled,
to this boiuitv.
Militia (BegularJ 525
Warrant of Distress for a Quaker's Substitute.
J^. C. and S. P. Esquires^ two of His Majesty's Deputy-lieu*
• tenants for the county of , to the High Constable of
within the said county, and to the Petty Constable of
— — in the said county, and to each and every of tliera.
to wit. Forasmuch as A. B. late of aforesaiti, in
tlie county aforesaid, yeoman, being one of the people called
quakers, hath been duly chosen by lot to serve in the militia of
the said county, and after due notice given unto him hath
aeglected to appear and to take t!ie oath in that behalf required
and to serve in the said militia, and hath also neglected to
Iwovide any fit person to serve for him as his substitute; and
whereas we the said deputy lieutenants and justices as afore-
said have, upon as reasonable terms as might be, namely, for
the sum of i? , provided and hired C. D. a fit person to
serve in the said militia as the substitute of him the said A. B.
We do therefore hereby require you to levy the said sum of
^ by distress and sale of the goods and chattels of him
the said A. B. and to pay the same unto , for the use of
him the said , rendering the overplus, if any shall be, unto
him the said A. B. after deducting the charges of the said
distress and sale. Herein fail you not.
■ Given under our hands and seals, the day of , in
the year of our 1-K>rd 181 7.
J. C.
S. P.
Commitment of a QuaJtcr for u-ant of sufficient Distress.
To the Constable of in the county of , and to the
Keeper of the Common Gaol at in the said county..
to wit. Whereas A. B. late of in the county
aforesaid, yeoman, being one oftbe people called quakers, was
on the day of , in the year of our Lord 1817, duly
convicted before us, J. C. and S. P. Enquires, two of His
52G Militia (Regular.^
Majesty's deputy-lieutenants in and for the said county, for
that he the said A. B. having l)een duly chosen by lot to serve
as a private militia-man in the militia of the said county, and
after due notice given unto him hath neglected to appear and
take the oath in that behalf required and to serve in the said
militia, and also hath neglected to provide any fit person to
serve for him as his substitute: And whereas we the said
deputy-lieutenants iiave, upon as reasonable terms as might be,
namely for the sum of ^ , provided and hired a fit person
to serve in the said militia as a substitute for him the said A. B.
And wiiereas on the day of , in the year aforesaid,
we did issue our warrant to the constable of to levy the
said sum of £ , by distress and sale of the goods and
chattels of him the said A. B. And whereas it duly appears
to us, as well on the cath of the said constable as otherwise,
that he the said constable hatli used his best endeavours to
levy the said sum on the goods and chattels of the said A. B.
as aforesaid, and that the goods and chattels of him the said
A. B. are not sufficient to answer the said distress: but never-
theless it doth appear satisfactorily to us, that he the said
A. B. is of sufficient ability to pay the sum of ^10. These
are therefore to command you, the said constable of
aforesaid, to apprehend the body of the said A. B. and him
safely to convey to the common gaol at aforesaid in the
county aforesaid, and there deliver him to the said keeper
thereof, together with this precept ; and we do hereby com-
mand you the said keeper of the said common gaol to receive
into your custody in the same common gaol the said A. B. and
him there safely to keep for the space of three months, or
until he shall have paid the said sum of £ , agreed to be
paid to sucli substitute as aforesaid. And for so doing this
shall be your sufficient warrant.
Given under our hands and seals, the day of — — , in
tbevearof our Lord I8I7.
J. C.
S. P.
Militia (Hegidm'.J 527
'^ Order of Mahitenance for the Family of a balbtted Man j with
reimhursemeiit by another Parish.
To the Otferseers of the Poor of the parish of in the
county of , and to the Overseers of the Poor of the parish
of in the said county, and to each and every of them.
to wit. Whereas complaint upon oath hath heeri
made unto me, one of His Majesty's justices of the peace in
and for the said county, by A. B. now dwelling in the said
parish of , wife of C. B. a private militia-man, serving in
the militia of the said county in his own right as a ballotted
man, which militia are now embodied and in actual service,
and have been oidered to march ; and that she is not able to
support herself and E. her son, aged four years, and D. her
daughter, aged two years. I do therefore hereby require you
tlie overseers of the said parish of to pay unto the said
A. B. the sum of weekly, for the support of her ^nd the
said children, being the usual and ordinary price of day's
labour in husbandry in the said county, or forthwith shew
cause to me to the contrary. And I do hereby further^ order
and direct that the overseers of the said parish of — — ■ in the
said county shall and do, from time to time, reimburse the
money hereby ordered to be paid to the said , on pro-
duction of my certificate of this order.
Given under my hand and seal, the day of , 1817.
J. C.
If the man is serving for any other county than the one in
which his family resides, the treasurer of the county will pay
the allowance; the order will then run t\i\xs:—[ which said sum
so to be paid as aforesaid, is to be reimbursed to you by the
treasurer of the said county, who is hereby required to reim-
burse the same accordingly.]
• This order not to bo made till the man has joined his corps.
528 Militia (Kegular.J
Affidavit of the Wife of a Militia-man, serving by Suhstitutei
to enable her to get the Allowance.
to wit. A. B. of , maketh oath, That she Is the
wife of C. B. who is now actually serving and doing duty as a
militia-man in the — — regiment of militia, as a sub-
stitute for C. D. of the parish of j tliat she was lawfully
married to her said husband on tlie • day of , in the
parish church of ^-^ — , by whom she has child ■ - - - now
living with her, under the age of ten years, viz. , and that
she now resides in the parish of • in the said county, and
that she is in indigent circumstances and not of ability to sup-
port herself and her said child.
Sworn the — day of
y 1817} before me,
S. P.
^Order of Allomance to the Family of a Suhstitute,
To the Overseers of the Poor of tlie parish of ^ in the
cotinty of , and to each of them.
to wit. Whereas complaint upon oath hath been
made unto me S. P. Esq. one of His Majesty's justices of the
peace in and for the said county, by A, B. now dwelling in
your said parish, wife of C. B. a private militia-man serving
in the militia of the county of -, as a substitute for C. D.
of the parish of in the hundred of in the said
county of , which militia is now embodied and called out
into actual service; that the said C. B. hath left her and her
child M. aged years, or thereabouts, now resident in
your parish and unable to support themselves. I do therefore
hereby order you the said overseers of the poor of the parish
of aforesaid; out of the rates for the relief of the poor
of the same parish, to pay unto the said A, B. the sum of
shillings and pence weekly, for the support and
maintenance of herself and child — until you shall be other-
wise ordered to with-hold the said allowance.
Given under my hand and seal, the day of , In the
year of our Lord I8I7.
S. P.
This orclor not to be made till the ni:in has joiued his corps, nor
to bfj iciiuitL-d to the fainiiv of any subbtilute or volunteer attested
since the 11th of .April, 1811.
Militia (^Regular.} 529
~^ Order for Allowance where Substitute serves for a Parish in
another County.
To the Overseers of the Poor of the Parish of in the
county of , and to every of them.
to wit. Whereas complaint upon oath hath been
made unto me, one of His Majesty's justices of the peace in
and for the said county, by A. B. now dwelling in your parish,
wife of C. B. a private militia-man, serving in the militia of
the county of as a substitute for C. D. of in the
said county of , which militia are now embodied and
in actual service, that she is not able to support herself and
her child M. aged two years. And whereas the overseers of
the poor of aforesaid, have been duly summoned by me
to shew cause why relief should not be given to the said A, B.
but have not shewn to me any sufficient cause ; I do therefore
hereby require you the said overseers of the poor of to
pay unto the said A. B. the sum of weekly, for the sup-
port and maintenance of herself and child, until you shall be
otherwise ordered to forbear the said allowance ; which said
weekly sum is to be reimbursed to you by the treasurer of the
said county of , on your producing to him my certificate
of this order; which said treasurer is required to transmit the
said certificate, and an account of all monies so repaid by him,
from time to time, quarterly, to the treasurer of the said county
of , who shall forthwith reimburse the same to the said
treasurer of the county of , and apply to the justices of the
peace, at the next general quarter sessions for the county of
, for the allowance of the said account, and for their order
to tlic overseers of the poor of aforesaid, to make good
the same to him the said treasurer out of their poor's rate.
Given under my hand and seal, this day of , in
the year of our Lord 1817.
S. P.
♦ See note at the foot of last precedent.
M M
530 Militia (^Regular J.
* The like where Substitute serves for another Parish in the same
County in which his Family resides.
To the Overseers of the Poor of the parish of in the
county of , and also to the Overseers of the Poor
of the parish of in the same county.
to wit. Whereas complaint upon oath hath heen
made unto me S. P. Esq. one of His Majesty's justices of
the peace in and for the said county, by A. B. the wife of
C. B. a private militia-man, now serving in the battalion
of militia in the said county, as a substitute for C. D. a bal-
lotted man, for the parish of aforesaid, that she is not
able to support herself and M. her child, aged two years : And
whereas it hath been duly made appear to me the said justice
that the said militia are now embodied and in actual service,
and that the said militia-man's said wife and child dwell in
your said parish of ; I do liereby therefore require you
the said overseers of the poor of the said parish of , or
some or one of you, to pay and advance to the said A. B. the
wife of the said C.^JB. weekly and every week from this present
lime, the sum of '"' ■ , for and towards the support and main-
tenance of the said A. B. and her child, until you shall be
otherwise ordered to forbear the said allowance; and I do
also require you the said overseers of the poor of the said
parish of , or some or one of you, to pay and allow to
the said A. B. for the benefit of herself and child, the sum of
including what she hath already received of you in part,
being at the rate of per week from the day of
now last past (from which time the said militia have been
embodied, and the said hath served therein), to the
day of the date hereof. And I do also hereby require, order
and direct you the said overseers of the poor of the said parish
of , or some or one of you, to pay and reimburse to the
said overseers of the poor of the parish of all such sum
and sums of money as they or either of them shall pay to the
said A. B. the wife of the said C. B. by virtue of this order,
and which they or either of them have paid to her in part of the
aforesaid sum of .
Given under my hand and seal, this day of , in the
year of our Lord 18 17.
• See note at the foot of p. 528.
S. P.
Militia (Regular J 531
Order for the Allowance to the Family of a Non-commissioned
Officer.
To the Overseers of the Poor of the parish of in the
county of , and to the Treasurer of the said county,
and each and every of them.
to wit. Whereas complaint upon oath hath been
made unto me S. P. Esq. one of His Majesty's justices of the
peace in and for the said county, by A. B. that she is the wife
of C. B. who is now serving in the battalion of militia of
the said county, as a serjeant [or corporal, drummer, ^c. as
the case may be], and that he has left her and three of her
children, all born in wedlock and under the age of ten years,
who are not able to support themselves; and whereas it hath
been duly made appear to me the said justice, that the said
militia are now embodied and in actual service, and that the
said militia-man's said family dwell in your said parish of j
I do hereby therefore require you the said overseers of the
poor of the said parish of , or some or one of you, to pay
and advance to the said A. B. the wife of the said C. B.
weekly and every week from this present time, the sum of
for and towards the support and maintenance of the said
militia-man's family, until you shall be otherwise ordered to
forbear tlie said allowance; and I do also require you, the said
treasurer of the said county of , to repay and reimburse to
the said overseers of the poor of the parish of all such
sum and sums of money as they or either of them shall pay to
the said militia-man's said family by virtue of this order.
Given under my hand and seal, this day of , in
the year of our Lord 1817.
^ S. P.
M m2
53^ Uilltia (Regldar.)
Order for Jllowance to the Wife of a Militia-Ma7i serving
in Ireland.
To the Overseers of the Poor of the parish of in the
county of , and to the Collectors of the Land Tax or
Assessed Tax;es payable to His Majesty in the said parish,
and to each and every of them.
to wit. It appearing to me S. P. Esq. one of His
Majesty's justices of the peace acting in and for the said
county, upon the oath of A. B. tlie wife of C. B. that her said
husband is a private in the militia of the said county, and is
now with the regiment in actual service in Ireland, and that
she hath two lawful cliildren, under the age of ten years, now
dwelling with her in the said parish of in the county of
; These are therefore, pursuant to His Majesty's most
gracious intention of making an additional allowance to the
wives and families of such militia-men, to direct and authorize
you the said overseers of the poor of the said parish of — —
to allow and pay out of the rates made or to be made for the
relief of the poor of your parish, to the said A. B. from the
day of last, during so long time as her said husband
shall continue in actual service in the said militia in Ireland,
2s. 8d. per week over and above the weekly sum now payable
to her by virtue of any former order ; the same being after the
rate of 8d. per week for each of the said parties; and of which
additional allowance you are to keep a separate and distinct
account, and deliver the same quarterly, duly verified upon
oath before a magistrate of the said county, to one of the
collectors of the land or assessed taxes in the said parish, and
which said allowance you the collectors of His Majesty's land
tax or assessed taxes in the said parish of are forthwith,
upon sight of this order, to reimburse to the said overseers, on
their delivering to you such account thereof, so verified, taking
a receipt for the same; which account and receipt will be
taken and received for the amount thereof in cash, by the re-
ceiver-general of the county, on payment of the said land or
assessed taxes charged upon the said parish of .
Given under my hand and seal, this ■-■■ - day of , in
the year of our Lord 1817.
S. P.
Militia (Regular.) 633
Justice's Certificate of making an Order on the County
Treasurer.
To the Treasurer of the county of , and all others whom
it may concern.
to wit. I, S, P. Esq. one of His Majesty's justices
of the peace in and for the said county, do hereby certify that
this present day 1 have executed an order upon the overseers
of the poor of the parish of in the said county, to pay the
sum of weekly, for the maintenance of A. B. the wife of
C.B. a private militia-man in actual service in the militia of
the county of , as a substitute for C. D. of the parish of
in the said county.
Given under my hand ^nd seal, the day of — — , in the
year of our Lord 18 17.
' S. P.
The like on Overseers of another Parish.
To the Overseers of the parish of in the county of 3
and all whom it may concern.
• to vvlt, I, S. P. Esq. one of His Majesty's justices of
the peace in and for the said county, do hereby certify tliat
this present day 1 have executed an order upon the overseers
of the poor of r in the said county, to pay the sum of — --
v/eckly, for the maintenance of A. B. now dwelling in the said
parish of , the wife of C. B. a private milhia-man ill
actual service in the militia of the said county, as a sub-
stitute for CD. of your parish; I do therefore hereby orde^
and direct you from time to time to reimburse the overseers
of the said parish of all such weekly sums as they shall
pay and allow to the said A. B. in pursuance of the said order.
Given under my hand and seal, this — — day of , in the
ysjur of our Lord lSi7,
S. P.
M M 3
534 Militia (Regular.)
Account, Verification^ and Order on the Treasurer of the
County for Reimbursement of Money paid to a Militia-
Man's Family.
To the Treasurer of the county of .
An account of the money paid to A. B. the wife of
C. B. and his family, now serving as a substitute in the militia
of the county of , for C. D. of the parish of in the
said county of , by E. F. overseer of the poor of the parish
of in the county of aforesaid.
^. s. d.
To weeks pay to A. B. the wife of C. B. and
his child , serving as a substitute in
the militia of the county of , at per
weekj from the day of — — , 1816, to the
day of , 1817, paid in pursuance of
an order under the hand and seal of S.P. Esq.
one of His Majesty's justices of the peace in
and for the county aforesaid, for that purpose
directed '
to wit. I, S. P. Esq. one of His Majesty's justices
of the peace in and for the county of , do hereby certify
that E. F. overseer of the poor of the parish of , hath made
oath before me that he hath actually paid the weekly allowance
herein before-mentioned, amounting to the sum of ^ , to
the wife and family of the said C. B. in pursuance of the
before-mentioned order to the overseers of the poor of the
parish of aforesaid for that purpose directed, and dated
the day of , 1817, which said militia were embodied
and in actual service during the time for which the said allow-
ance was made, and which sum you are hereby required to pay
him.
Given under my hand the day of , 1817.
S. R
Militia fLocaLj 535
Commitment of a Constable convicted before two Deputy-
Lieutenants of neglect, fraud or partiality,
under 42 Geo. III. c. 90, s. 32.
To all and every the Constables and other Peace Officers for
the county of , and to the Keeper of , at
in the said county.
to wit. These are in His Majesty's name to command
you and every of you the said officers forthwith safely to con-
vey and deliver into the custody of the keeper of- , at — —
in the said county, the body of A. B. constable of the of
in the county aforesaid, convicted before us, J. C. and
S. P. Esquires, two of His Majesty's deputy-lieutenants [or as
the case may be], in and for the said county, for that [set forth
the offence]. And you the said keeper are hereby requii'ed,
pursuant to the directions of the act passed in the 42nd year of
the reign of His Majesty King George the Third, intituled
*' An Act for amending tiie Laws relating to the Militia in
England and for augmenting the Militia," to receive the said
A. B. into your said prison, and him there safely to keep for the
space of one month from the date hereof, and for so doing this
shall be your sufficient warrant and authority.
Given under our hands and seals, the day of , 18l7«
J. C.
S. P.
MILITIA (Local)
The General Local-Milita Act, 32 Geo. III. c.38,
repeals 48 Geo. III. c. lllth, 49 Geo. III. c. 40, 82,
and 129, and so much of 50 Geo. Ill, c. 25, as re-
lates to the local militia.
M M 4
536 Militia (Local)
The qualifications of officers are as follow :
Lieutenant-colonel ^.600 per annum.
Major 400 ditto.
Captain 150 ditto.
or being heir apparent to a person having double
such annual income; and, unlike the regular militia,
no part of the estate to qualify is required to be in
the county for which the officer serves.
The powers of 42 Geo. HI. c. 90. 4^ Geo. IIL
c. 91, and 49 Geo. III. c. 82, and every other act
relating to the militia, (except altered or repealed
by the present act) are extended to and are re-en-
acted by this act. *. 21.
Persons neglecting to appeal within the time
limited, to forfeit not exceeding ^5. nor less than
20s. at the discretion of two or more deputy-lieute-
nants or justices of the peace; and on default of
payment, be imprisoned not exceeding fourteeii
days. 5. 24.
Constables or other parish officers when duly
summoned by two deputy-lieutenants, or one de-
puty-lieutenant and one justice, by warrant under
seal, may for disobedience be imprisoned in the
common gaol for one month, or fined from 40s. to
-^20. at the discretion of such deputy-lieutenants
or justices, s. 26. except quakers, for whom jus-
tices may provide a deputy. Deputy-lieutenants
may appoint special constables for the purposes of
this act, but they must be at least thirty years old.
Militia (Local) 53jr
Clerks of sub-division meetings to transihit to
the clerk of the general meetings copies of the mi-
litia roll, under penalty of ^20. s. 30.
No person ballotted allowed to find a substitute.
s. 35.
Parish officers may provide volunteers for any pa-
rish and give them a bounty, and raise such bounty
by a rate; but it must be done by consent of a
vestry, s. 36, 65. such bounty not to exceed
^2. 2s. and the rate to be approved by a justice
of the peace; any person refusing to pay such rate,
may by warrant of a justice be distrained upon
for the amount of the assessment; but appeal
allowed to the next quarter sessions in the same
manner as against an ordinary poors' rate.
The wives and families of local militia-men when
called out, are entitled to the same allowances as
the regular militia by 52 Geo. III. c. 38, s.42.
Persons ballotted and not appearing to be en-
rolled, to be fined ^30 ; if clear income does not
amount to ,^£200. the sum of ^20; and if not
amounting to «£lOO. the sum of ^10. such fines
to exempt from being again ballotted for two
years, s. 44. and the fine of ^30. may be recovered
before a justice of the peace in the same manner as
any fine not exceeding ^^20, 53 Geo. III. c. 28,
s. 12.
Quakers or united brethren not to sei-ve, but if
ballotted, to pay fine. 52 Geo. III. c 38, s. 50. and
if any rate made for providing volunteers, justices
538 Militia (^Local.J
may order payment of costs for levying by distress
where quakers refuse to pay the rates, s. 53.
The contract of a servant enrolled shall not be
vacated in consequence thereof unless called out in
case of invasion ; but a proportionate deduction in
his wages shall be made ; in case of dispute to be
settled by a justice of the peace, if the sum in dis-
pute does not exceed ^20.; and if the sum
awarded by the justice is not paid in seven days, it
may be levied by distress. 5. 62.
One justice may order relief to a local militia-
man falling sick on his march ; such relief to be re-
paid by the quarter-master of the regiment, s. 99.
Justices may impress carriages for local militia
on its march ; the rates to be paid for such car-
riages, &c. as follow:
For every waggon with 5 horses, or wain Avith
6 oxen, is. per mile.
Ditto with 4 oxen and 2 horses, Is. per mile.
For every cart with 4 horses, 9d. per mile.
Local militia-man (unless incapacitated by sick-
ness, &c.) not appearing at the time and place of
exercise to be deemed a deserter, or having joined his
regiment shall desert or absent himself during the
hour of exercise, to forfeit £20. and if not paid,
be committed to gaol to hard labour for not more
than three months nor less than fourteen days, or
imtil penalty paid. s. 105.
If any local militia-man sell, pawn, lose or wil-r
fully damage his arms, cloaths, accoutrements or
Militia (Local.) 539
ammunition^ or neglect or refuse to return them in
g-ood order, he shall forfeit not exceeding- ^3. or
shall be committed to the house of correction for
not exceeding three months, or until penalty paid.
s. 107. Persons buying local militia-man's arms,
cloaths, &.C. to forfeit ^'10. to be levied by distress;
in default commitment to the common gaol for
six months or until fine be paid, or may be publicly
or privately whipped, at the discretion of the jus-
tice before whom the offender is convicted, s. 108.
Peace officer may cause non-commissioned offi-
cers or drummers, suspected to be deserters, to be
apprehended and carried before a justice ; and if
found to be so, the offenders to be sent to gaol,
there to remain till demanded by persons au-
thorized ; such gaolers to receive and confine such
deserters, under penalty of 40s. and persons appre-
hending deserters to be paid 20s. under warrant of
a justice, by the quarter-master, out of the contin-
gent fund of the regiment, s. 121. but by 53 Geo. III.
^.28, such reward to be paid by the treasurer of
the county to which such deserter belonged ; and
persons concealing or assisting deserters, to forfeit
£b. 52 Geo. III. c. 38, s. 122.
Men not appearing or not obeying the orders of
deputy-lieutenants to be deemed deserters; and if
not taken before ballot completed, to forfeit ^^10.
and be liable to be embodied, s. 140.
Every county, hundred, parish, &c. shall pay a
fine of ^15. for each man deficient at a certain
540 Militia (Local.}
period ; justices at the quarter sessions on cer-
tificate of such deficiency, may assess such fine ;
and if any such deficiency shall have arisen by the
default of any particular parish, the justice may
assess such parish for its own default, s. 1 62, 178.
All fines not exceeding £10, to be recovered
before one justice, by distress ; in default, com-
mitment for not exceeding three months, unless
some other time is specifically directed, s. 201. and
v/here a fine is directed to be remitted to the sub-
division clerk or agent-general, the justice, &c. by
whom the same shall be imposed, shall transmit 'a
certificate of the amount thereof to the Secretary
be paid
> Pawnbrokers. T Sg^
to the party complaining in this behalf, and that the sum
of £ , being the remaining moiety of the said sum of
^' so forfeited as aforesaid, be paid and applied as the law
directs.
Givetf tth^f % hand and seil, &c, - saonaBO
Caiwictiot for taJdng a Pledge without giving a Diipticdte,
vohere'iTie Goods are pawned in an Assumed Kame.
iiTj:.
to wit. Be; it remembere^^ That on this dty of
, in the year of our Lord 18J7, [vyitkin 12 calendar months
from the time of the offence,] A. B. of , pawnbroker, is
convicted before me S. P. Esq. one of the justices of the peace
for the said county of , for that on the day of ,
in the parish aforesaid in the county aforesaid, the said A. B.
who tlien arid there used and carried on the trade and business
of a pawnbroker, did then and there take of and from one G. H.
in the name of J. K. by way of pledge, certain goods and chat-
tels, to' wit [describe the articles] , upon which the said A . B><
lent and advanced the sum of M'' , aixl which said G. li* at
the time he pawned the said goods and chattels informed the
said A. B. that his name was J. K. and tliat he lived in ,
and he the said A. B. did not at the time of taking the said
pledge give to the said G. H. a note or memorandum fairly and
legibly written or printed, or in part written and in part printed,
containing therein a description of the said goods so pawned
Srid also the place of abode of the person by whom such goods
were pawned, according to the information given by the said
G. H. to the said A. B. at the time of Such pavvning as afore-
said, contrary to the form of the statute in such case made and
]f>rovided; and I the said justice do adjudge th^ s;iid A. B. to
pay and forfeit for the same the sum of jsf &c. [as in last
precedent]
(PEDLARS. Sec " Hawkers and Pedhrsr}
Oo 4
566 Peace CBreach of.)
PEACE (Breach of,)
Offences against the public peace are either such
as are an actual breach of the peace, or by con-
struction in aiding others in the breach thereof; an
affray, an assault, a riot, are breaches of the peace;
one or more justices may take sureties for the peace,
and any person who has reasonable ground to fear
receiving corporal injury from another,.niay demand
such surety. vn ?i^
Form of exhibiting Articles of the Peace.
— — to wit. C. D. wife of E. D. of the parish of in
the county of , gent, prays surety of the peace against the
said E. D. her said husband, for fear of death or bodily injury.
first. This informant on her oath saith that she intermarried
with her said husband about years ago, since
which time he hath often in a cruel, barbarous and in-
human manner beat, abused and ill-treated this in-
formant, and frequently threatened to take away her life.
Secondly. This informant saith, that on the day of
last past, her said husband, in a violent passion,
[state the particular acts of cruelty.'}
Jjastly. This informant saith that she is actually afraid her
said husband will do her some further bodily injury, if
not murder her, should she return home to him; and
saith that she doth not make this complaint against her
said husband out of any hatred, malice or ill-will which
she hath or beareth towards him, but purely for the
preservation of her life and person from further danger.
Articles of the peace require the signature of
counsel.
See Affray ^ Assault, JRiot, Seditio7i, Surety for the
Peace.
Poor (Overseers.) $69
POOR (Overseers.)
By statute 43 Eliz. c. 2, s. l, the churchwardens
of every parish, and four, three or two substan-
tial householders there as shall be thought meet,
having respect to the greatness of the parish, to be
nominated yearly in Easter week, or within one
month after, under the hand and seal of two or
more justices of the peace in the same county, (one
to be of the quorum) dwelling in or near the same
parish, shall be overseers of the same; but by
54 Geo. III. c. 91, the appointment of overseers
to be made on the 25th day of March, or within
fourteen days after in every year.
-iiBy If Geo. II. c. 38, overseers may act as
churchwardens in places where there are none,
and if overseer die, remove or become insolvent
before the expiration of his office, two justices (pn
oath made) may appoint another, s. 3t
If justices neglect to make the appointment
within the time prescribed, they shall forfeit ^5.
to the poor, to be levied by the churchwardens and
overseers or one of them, by distress, by warrant
from the sessions. 43 Eliz. c. 3, s. 10. but a sub-
sequent appointment is good. 1 Bott. 25, pi. 44.
Churchwardens are overseas, and may act as
such without any formal appointment.
Not more than four overseers nor less than two
570 Poor. (Overseers.}
can be appointed for one parish, unless it is divided
into two or more divisions or townships. 1 Burr.
446. 4 T. R, 550. iand there mujst be two over-
seers exclusive of the churchwardens. 13 East, 142.
^T.,yUe appointment must desciibe the overseer^ as
substantial, householders resident in the parish,
2 Str. 1261. but substantial being a relative terra, ^
labourer may be appointed if there are no other fit
persons to serve the oiBce. 2 Tl J?i 395. !and;a.»^QT
man niay be appointed an overseer if there be not, g^
sufficient number of men qualified. ,3, T. M. 3^b^, i:
,. Barristers, attornies, clerg-ymenj, though they
have no cure of souls,, officers of th^ ciistiomSi and
all revenue officers, .fM'en exempt fram^serving^ the
office of overseer; and by a dictum of Lord Kenyan
(though the case has not been decided) justices of
the peace are ineligible on the pnnciple tbat, the
two offices are incompatible, the accounts of; o-ret"-
seers being subject to the control of tltCi justices^
3 T. R. 779. — Other persons are exempt by statutei
as physicians, being fellows of the college; freemen
of the surgeon's company, while they prasctise; apo-
thecaries in London or within seven miles, if free of
the apothecaries' conipany; persons who have prose-
cuted to conviction burglars, &c. militia-men,, ami
licensed dissenting ministers.
The appointment of overseers is discretionary in
tJ»e justices; but to enable them to make a proper
choice, it is cmstomary for the overseers, before the;
end of the year, to make a. list of persons proper to
Poor (^Overseers.) 57I
serve the office, and the jr.stices usually issue a pre-
cept, requinng- it to be done; and the Court of
King-'s Bench will g-rant a mandamus to compel
justices to make an appointment. '•
If two appointments are made on the same day,
that which 15 prior in time is good, and the other
a nullity. 1 Botty 21 pL 3'/. but an appointment
made and not carried into effect by a delivery of
such appointment to the parties, will not supersede
an appointment regularly made by other magis-
trates subsequently, and delivered to the overseers
appointed. Hej; v. t/ie Inhuh'dants of Twickenham.
Tnn, Term, 48 Geo. III. M. S.
The justices' appointment must be under hand
and seal, and should pursue the words of the sta-
tute appointing the persons " overseers^ and by
no other term; it must also state them to be sub-
stantial householders in the parish, and that the ap-
pointment is for the parish, &c. that it is made
in the division or place in which the magistrates
have jurisdiction, and the time for which they are
appointed must be inserted. 4 T. R.'J^S. — It must
be signed and sealed by the justices in each other's
presence, it being a judicial act. When an ap-
pointment is once properly made, no other justices
can alter it. 2 E. R. 244. nor can the justices who
made it ; and the only remedy is to procure the
discharging of the party by appeal to the sessions.
Ibid, and parishioners as well as the persons ap-
pointed may appeal against the appointment.
572 Poor (Overseers.^
3 T. R. 38. The appeal must by 17 Geo. II, c. 38,
s. 4, be to the next general or quarter sessions, but
the order of sessions may be removed by certiorari
to the King's Bench, and that court will grant the
writ to remove the order in the first instance with-
out an appeal to the sessions. 2 £. 24f,
An overseer refusing to take upon himself the
office may be indicted, but he must have due notice
of his appointment. 2 E. 249. 7 Mod. 410. and if
an overseer act fraudulently, or do not pro\ade for
the poor, or do it unnecessarily or improperly, he
may be indicted.
The duty of overseers as set forth in 43 JEliz. c. 2,
is with the consent of two justices to set to work
the children of parents incapable of maintaining
them, and of persons married or unmarried having
no means to maintain themselves, and incapacitated
by sickness or other just excuse to be allowed by two
justices; and such overseers to meet once a month
at least in the church on Sunday in the afternoon,
after divine service, to consider of the course to be
taken herein, under a penalty for each default, or
being negligent in their office, of 20s. to the poor,
(unless reasonable cause shewn) ; the penalty to be
levied by some or one of the churchwardens or over-
seers by distress warrant of two justices ; and if no
distress, such justices may commit the offender to the
common gaol till the penalty is paid, but appeal al-
lowed to the general quarter sessions. ^. 1, 2, 6, 11.
but the penalty for i^ot meeting in the church is not
Poor (Overseers.) 5^3
to be inflicted on ovei*seers of extra-parochial
places. 8 Mod. 40. Their other duties are to make
a rate for the relief of the poor, to ascertain what
poor they are bound to maintain, to administer to
their wants, and to remove such persons, (not
being- legally settled), as may become chargeable ;
at the expiration of their appointment, to pass
their accounts, and deliver over any balance to
their successors.
The majority in number can in all cases act ; a
poors' rate may be made by them without the
concurrence of the inhabitants; and the Court of
King's Bench by mandamus will compel the parish
officers to make a rate if necessary. 1 Barnard^ \3J.
Overseers should immediately on their appoint-
ment get the accounts of the late overseers ad-
justed, and the balance of monies paid over. By
17" Geo. 11. c. 28, it is enacted, " That the Church-
wardens and Overseers of every Parish, Township
and Village shall, within fourteen days after Over-
seers shall be appointed for the Year ensuing, deli-
ver in to such succeeding Overseers a just, true
and perfect Account in writing, fairly entered in a
Book to be kept for that purpose, and signed by
them, of all Sums by them received, or rated and
assessed and not received; and of all Goods, Chat-
tels Stock and Materials in their Hands, or in the
Possession of the Poor of the said Parish, to be
wrought or worked; and of all Monies paid by them
the said Churchwardens and Overseers so account-
B14 Poor (Overseers.y
ing", and of all other Things concerning the said
Office."
If there is any doubt or difficulty as to the ob-
taining such account or balance, the overseers
should apply to the magistrates, who will grant a
sunrmons to the late overseers for that purpose.
On the return of the summons, the magistrates
will direct such steps to be taken as the necessity
of the case may require, vi%. by committing the
parties to the common gaol, until they do account,
&c. or by allowing any reasonable time to enable
them to do it.
A commitment by two justices of the peace of
an overseer for not duly accounting held good,
though committed until he should be discharged by
due course of law, and not until he should account,
&c. 3 Mail, and Sel. 203. If the overseers after the
allowance of their accounts by two justices at a
special sessions and an order to pay over the ba-
lance, which order is confirmed on appeal, refuse to
pay such balance, the two justices may issue a
distress warrant under 50 Geo. III. c. 49, on appli-
cation of one of the succeeding overseers, though
the rest of the parish officers refuse to concur in
such application. 2 Man. a?id Sel. 343.
Overseers may sue on bond given to indemnify
the parish against a bastard child, and the suit
shall not abate by reason of the change of over-
seers. 54 Geo. III. c. 170, s. 8.
If an overseer remove from the parish and ano-
Poor (Overseers.^ 5/5
tUer is appointed in his stead, he shall deliver up all
his boolts, &c. and pay the balance of monies in his
hands to the succeeding overseers; or if lie dies, his
executors or administrators shall, witliin forty days
after his death, deliver up the accounts and pay
any balance due from him; but if any money is due
to the late overseer, the succeeding overseers are
compelled to reimburse it out of any rates to be
collected, although the rate must not be made for
that express purpose. 41 Geo. III. c. 23. but over-
seers cannot ciiarge in their accounts money paid
as a salary to one of the overseers. 2 Matt, and
Sd. 323.
Overseers having performed all the duties of their
office, must at the expiration of the year for which
they were appointed, by 1/ Geo. II. c. 28, deliver
within fourteen days after new overseers are ap-
pointed, to such succeeding overseers, a just, true
and perfect account in writing, fairly entered in a
book, which account must be verified on oath
before one justice, who shall sign and attest the
taking thereof, at the foot of the account.
If the churchwardens have acted as overseers of
the poor, and any part of the account relates to
payments made or money received by them, they
must also join in the oath, and their names must
be joined in the allowance by the justice.
Though overseers are appointed for several years
successively, they must, nevertheless, annually
account, and in such annual account the ex-
576 Poor (Overseers.}
penses actually incurred in that year can only be in*
eluded; it being unreasonable that the inhabitants,
beings a fluctuating body, should be liable to the
expenses of their predecessors. 6 T. R, 159.
After the accounts are regularly allowed by one
justice, no other justice can intermeddle with
them; a justice may be compelled, by manda-
mus, to swear an overseer to his accounts, and if
be has any reasonable objection to so doing, he
may return it upon the mandamus. A mandamus
will also lie to compel the late overseers to deliver
«p the poors* rate books to their successors, who
ought to have the custody thereof. 1 Bott, 304,
/j1.341. 1 IFils. 125.
By the act 50 Geo, III. c. 49, s. 1, two or more
justices are empowered to examine and correct,
and to allow and approve the accounts of church-
wardens and overseers ; such accounts must be
submitted to them at a special sessions for that
purpose to be held within the fourteen days ap-
pointed by the act 17 Geo. IT. c. 38, for delivering
such account; and such justices shall, if t hey think
fit^ examine into the matter of such account, and
administer an oath or affirmation to such church-
wardens and overseers, of the truth of such ac-
count ; and disallow and strike out of every such
account all such charges and payments as they
shall deem to be unfounded, and reduce such as
they shall deem to be exorbitant; specifying upon
or at the foot of such account, every such charge
Poor COverseers.J 577
or payment^ and its amount, so far as such justices
shall disallow or reduce the same, and the cause for
which the same is disallowed or reduced: and such
justices shall signify their allowance and approba-
tion of any such account, under their hands, and
sign and attest the caption of the same at the foot
of such account, in the manner directed by the said
act of 17 Geo. II. And in case such churchwardens
and overseers, or any of them, shall refuse or neg-»
lect to make and yield up or submit such ac-
count, or to verify the same by oath as aforesaid,
or to deliver over to their successors, within ten
days from the signing and attesting such accounts,
any goods, chattels or other things which on the
examination and allowance of such account, in
manner aforesaid, shall appear to be remaining in
their hands, any two or more justices shall commit
them to the common gaol until they shall have
made and yielded such account, and verified the
same as aforesaid, or shall have delivered over
such goods, chattels and other things which shall
appear to be so remaining in their hands as afore-
said; and in case such churchwardens and overseers,
or any of them, shall refuse or neglect to pay to
their successors, within fourteen days from the
signing and attesting such account, any money or
arrearages which on such examination and allow-
ance shall appear to be due from such churchwar-
dens and overseers^ or any of them, or remaining in
their hands, the subsequent churchwardens and
P r
578- Poor fOvcrseersJ
overseers shdll, by Warrant from any two justices^
levy such njoney by distress and sale of the of-
fender's g-oods, and in default of such distress they
may commit the offender to the common gaol of
the county, there to remain until payment of such
money or arrearages as aforesaid.
By this act it does not seem imperative on the
two justices at a special sessions, to examine and
correct the accounts, consequently the act I'l Geo. II.
as far as regards the allowance by one magistrate,
is not repealed; but as the overseers are bound to
present them to the justices ^t a special sessions
within the limited time, which justices are directed
to sign their allowance and approbation thereof, it
Seems reasonable to conclude that the accounts
were intended to be allowed (whether altered or
amended, or not) by the magistrates at such special
sessions.
If the churchwardens or overseers are aggrieved
by the disallowance or alteration by the magistrates
of any of the charges in their accounts, they may
appeal at the next quarter sessions, to beheld next
after the loth day from making the order; but
must first pay or deliver over to the succeeding
overseers such money, goods, chattels and other
things which shall appear by such account to be in
their hands, and must also enter into recognizance
before one or more justices, with two sufficient
sureties in not less than double the value of the dis-
puted charges, to enter and try such appeal: and
Poor COverseers.J 679
the justices at sessions may confirm or reverse such
allowance or reduction, in whole or in part, and
may also allow (if they think fit) costs to the
churchwardens and overseers upon such appeal,
such costs to be defrayed out of the poor's rate.
60 Oeo, III. c. 49. 15 JS. JR. 200.
Any parishioner may ^peal against the accounts
of the overseers, on giving notice to the parish offi-
cers of such intention; but the accounts should be
first allowed by the magistrates, and the appeal
should be to the sessions next following such allow-
ance, s. 3.
For general negligence in their office, overseers
are punishable by 43 Elk. c. 2, 6-. 2, 11, by fine of
20s. for every default.
And by 17 Geo. II. c. 38, a penalty of not less
than 40s. nor more than ^5. is inflicted on every
parish officer neglecting to obey the directions of
that act, in cases where no penalty is provided for
by the same act. s. 14.
By 33 Geo. III. c. 55, two justices at a special
or petty sessions, on complaint on oath of neglect
of duty, or disobedience of any lawful warrant or
order of a justice, by an overseer, (such overseer
being previously summoned) may impose a fine not
exceeding 40s. on conviction of such overseer, and
if not paid, the same may be levied by distress and
sale of such overseer's goods; such fine to be
applied to the poor of the parish where the offender
resides, at the discretion of the justices: and if no
P P2
580 Poor COverseers.}
distress, such offender may be committed to the
house of correction for any time not exceeding ten
days. s. 1 . but if the party conceives himself ag-
grieved, he may appeal to the next quarter sessions
on giving ten days' notice, s. 1.
Having pointed out in what manner overseers are
^punishable for neglect of their duty, it remains to
-be shewn how they are protected in the due execu-
tion of their office.
By 21 Jac. c. 7, in any action brought against
churchwardens or overseers for any matter done
by them concerning their office, they may plead the
.general issue, and give the special matter in evi-
dence; and such churchwardens or overseers shall
have double costs if a verdict shall be given in their
favour, or if the plaintiff shall be non-suited or dis-
continue the action; and every such action must be
laid in the county where the fact was committed.
And by 43 Eli:., c. 2, any person sued for any thing
done in pursuance of that act, may plead the gene-
ral issue, and give the special matter in evidence ;
and if a verdict shall be found for the defendant, or
the plaintiff should be non-suited, or discontinue
his action, the defendant shall have treble damages
with costs ; and by 24 Geo. II. c. 44, no action
shall be brought against any constable, &c. or other
officer, or any person acting by his order, for any
thing done in obedience to the warrant of a justice
of the peace, until demand has been made or left
at the usual place of abode by the party or by his
Poor COverseers.J 581
attorney, in writing-, signed by the party demanding
the same, of the perusal and copy of such warrant,
and the same hath been refused or neglected for
six days after such demand; and if after a compli-
ance therewith, such action shall be brought, with-
out making the justice who signed the warrant a
defendant, on producing and proving such warrant
at the trial, the jury shall give their verdict for the
defendant, notwithstanding any want of jurisdiction
in the justice granting the warrant; and if such
action is brought jointly against the justice and the
officer, then on proof of such warrant, the jury
shall find for the defendant.
Though churchwardens and overseers are not
expressly named in this act, it has been determined
in Jackson's case, E. 13 Geo. III. that all officers
acting under a justice's warrant, are included by the
words ^' other Officers^' in the act 24 Geo. II.
c. 44. and this case was decided in an action of
trespass, brought against overseers of the poor for
executing a distress warrant for a poors' rate, in
which the plaintiff was non-suited for not having
pursued the directions of that statute, by making a
demand, in the manner required by the act, of
perusal and copy of the justice's warrant. 7 7! R.
270.
Churchwardens may by 53 Geo. III. c. 12", re-
cover church rates not exceeding ^10. in a sum-
mary way before two or more justices. See " Chirch
Rates:'
P P 3
582 Poor (Bates)
By 50 Geo. III. r. 51, so much of i\\e%th and 9M
JFm. III. as requires paupers under certain pecu-
niary and corporal punishments to wear badges, is
repealed.
The majority of the parish officers, as before
stated, may make a rate for the immediate relief
of the poor, which rate must be allowed by two or
more justices of the peace living in or near the
parish ; and this act being merely ministerial, they
must allow it without exercising any discretion as
to the necessity or inequality of the rate ; but if
two rates are presented by different officers of the
same parish, the justices may elect which to allow.
1 Bott. Q9,pl. 122. and the magistrates need not be
together at the time of such allowance. 3 T. R.
380.
On the Sunday next following the allowance, no-
tice of the rate must be given by publishing it in
the church, otherwise it is void. 4 T. R. 368. and
after a rate has been regularly made, allowed and
published, it cannot be altered by inserting other
names, although with the consent of the justices
who allowed it. Doug. 449.
The rate when made must be copied in a book
and attested by the parish officers who made it ;
and any inhabitant may inspect it on paying Is. or
may take a copy of the whole or part thereof on
payment of 6d. for every 24 names ; churchwar-
den or overseer not permitting inspection, or
Poor (Rates.) 583
refusing to give copies on demand, shall forfeit
^^20. to be recovered by action at law. 17 Geo. II.
c. 3, s. 2,3.
A rate need not be made for any specific time,
but should be assessed monthly or oftener as occa-
sion may require ; and any inconvenience which
might arise by achange of occupation is remedied by
17 Geo. II. c. 38. which enacts. That when any
person shall occupy any premises, from which any
person assessed shall be removed, or which at the
time of making the rate was empty, every person
so removing or coming in, shall pay the rate only
in proportion to his respective occupation.
Though the rate is made for the immediate relief
of the poor, yet it may be made prospectively.
6 T. R. 580. and law expenses necessarily incurred
by the overseers in the prosecution of appeals and
other matters may be paid out of the rates, and
overseers whilst in office may make a rate to reim-
burse themselves; but if an overseer continues more
than one year in office, he cannot reimburse him-
self money paid in a preceding year out of the cur-
rent assessment. 6 T.R.lb^. By 41 Geo. HI. c. 23,
it is enacted, That the churchwardens and over-
seers, or any of them, out of any money jthey shall
collect in pursuance of any rate for the relief of the
poor, may reimburse the preceding churchwardens
and overseers such sums as they have heretofore
advanced ov expended for the maintenance or relief
P P4
584 Poor (Bates.)
of the poor during- the time that no rate or assess-
ment thereof has been made, or dming the time
that any appeal had been depending which affected
the whole rate, or upon hearing of which the same
might be quashed ; and in default of payment within
14 days after demand in writing, such preceding
churchwardens, &c. may apply to the sessions, who
^hall make an order on the then churchwardens,
&c. to pay such sum as they shall think fit, and levy
the same by distress.
All persons having property from which a profit
is derived, lying within the parish, though dwell-
ing elsewhere, are liable to be rated to the relief of
the poor; and the occupier of a house, and not the
landlord, is liable to the rate ; but if the house is
divided into tenements, inhabited by distinct fami-
lies, each family may be rated separately. The dif-
ferent species of property liable to be rated, accord-
ing to legal decisions, are as follow :
Lands and Tenements generally. Dalt, 235.
5 East, 480.
The Palace of an Archbishop or Bishop.
The Scite of a Royal Palace, occupied by a sub-
ject, from which he derives a permanent interest.
1 T. R. 338.
Royal Park. The Ranger is liable to be rated
for the inclosed Land from which he derives a pro-
fit, but not otherwise.
Hospitals, and Land for their endowment, and ge-
Poo7^ (Bates.) 585
nerally all Charitable Institutions are liable in
respect of persons residing in or upon them having
a beneficial occupation as tenants, but not other-
wise. 2 Salk, 527. 1 Bott. 125, pi. 154.
Tf'^eighing Machines on a Turnpike Road.
Prisons. Wardens or Keepers of Prisons in res-
pect to profits derived from letting- lodgings to
prisoners.
Coal Mines, unless exhausted and producing no
profit. 8 E. R. 387.
Tithes. The Assessment to be made personally
on the Parson (he being considered as the occupier)
and not on his Lessee. Flow. 496'.
Oblations and other Oferings. 3 T. R. 385.
Ground Rents.
JFaste Lands, when improved. 17 Geo. 11. c. 37.
Tolls on navigable Canals ; and they are rateable
where the Tolls are due. 2 T. R. 660.
Markets or Fairs yielding a certain annual profit.
Underwoods, though usually cut down but once
in twenty-one years, are rateable according to the
improvement in value, or in the rent which might
fairly be expected for them whenever a rate is
made. 10 E. R. 219.
Chapels and Conventicles. If the Pews arc let to
profit, or if the House is beneficially occupied or
used for any other than Religious purposes. Cald,
310. 1 Bott. 164, pi. 192. 14 East's Rep. 256.
A Mineral Spring being part of the produce of
Land, and therefore the occupier rateable for the
586 Poor Crates J
whole as one estate. 1 Bott. 155, pL 185. i M. and
S. 503.
Merchxnit Vessels are rateable at the place from
which they trade. AT. R.I'! l.
Docks. Land thus converted, unless specially
exempted by act of parliament. 1 T. R. 21^.
Lime Works, in the hands of the occupier ; also
Slate Works. 1 E. R. 534.
Personal Property, though liable, is seldom
rated, except by special custom, from the uncer^
tainty of ascertaining its amount. 6 T. R. 468, and
l6 fast's R. 380.
PROPERTY NOT RATEABLE.
Royal Palaces occupied by the Royal Family.
Chambers in an Inn of Court.
Houses built and used for Charitable Purposes
only, or occupied for the use of Religion solely.
Cald. 35S.
Quit Rents, Heriots, and other casual Profits of
a Manor. 2 Burr. 991. 1 Bott. 131, pi. 167.
Lead Mines, the occupiers paying no rent, but
only a portion of the ore. 1 Bott. 137, pi. 170.
Market. The Lessee of a Stall at a Market or
Fair, used only on market or fair days.
Money in Possession or on Mortgage. 6 L. R. 182.
Tolls in the hands of Trustees for Public Uses.
Tolls of a Ferry, the Owner or Lessee not being
an inhabitant of the parish where the Tolls are re-
Poor (Bates.) 58?
ceivable, nor having any property or exclusive pos-
session in the soil of the landing place. 12 E. R..
346. Williams v. Jones and Hughes.
Buildings occupied hy a Servant of the Crown, or
oi^ public body for the mere exercise of a public
duty. 3 E. R. 506.
Tf^ay-leave, i. e. a Right of Way or Passagc„
2 T.R.90.
Salaries. 1 Bott. 138, pi. 171. 4 T. R. 771.
The rate must be made on property actually oc-
cupiedj therefore an empty house is not rateable,
and it can only be demanded of the person named
on the rate. 2 Burr. 1053. but incorporeal heredit-
ament, as tolls, &c. incapable of bodily occupation
may be rated for the profits, and the receiver of
the tolls are liable. 2 T. R. 90.
The rate must be made on the value of all the
rateable property in the parish, &c. for which the
rate is made at the time of making such rate.
2 Salk. 526. but whether so made, or at rack rent,
or relative value, the rate must be made equal.
6 T. R. 154. and the Court of King's Bench will
quash a rate made on an erroneous principle, and
unequal, l Bott. Il6,pl. 140. but a mere difference
in a proportionate assessment will not induce the
Court to infer inequality. 4 B?frr. 2491. unless
such relative proportion is grossly and manifestly
UQecjual. Cald. 522.
588 Poor (Rates,)
By 43 Elk. c. 2, S.3, if the inhabitants of any
parish are incapable of raisings a sufficient sum for
the maintenance of their poor, two justices may
rate any other parishes within the hundred in
which such parish is, in aid.
If after the rate is made and properly demanded,
any person refuses to pay, the overseers should ap-
ply to the magistrates of the division at their petty
sessions for a summons for the defaulter, or his per-
sonal representative, if dead ; and no warrant of
distress can issue without a previous summons.
6 T. R. 198. Personally serving the summons is
not necessary; leaving it with some person in his
house is sufficient. — If the party appears and offers
no satisfactory reason, or does not appear, a war-
rant of distress may issue, on proof on oath of the
service of the summons.
It is necessary to point out distinctly the extent
of the magistrate's power in hearing and determin-
ing cases respecting rates: it has been contended
that the granting a warrant after a summons for a
rate is a judicial and not merely a ministerial
act, as it would be nugatory to summon parties
to answer a complaint, and to hear their defence,
without the power to allow it, if legal ; for if it is
imperative in the magistrates to grant a distress
warrant, of what avail is the precedent summons to
shew cause ? But the reason why the summons is
required is, that the party may shew cause why the
warrant should not issue against him,, and as magis-
Poor (Rates.) 58SI
trates are civilly responsible for issuing a warrant
illegally, the rule is not less for their benefit than for
the party aggrieved; but in no case can th^quan-
tuni or inequality of the rate be considered, that
being the sole province of the quarter sessions. —
In the cases following a magistrate may refuse a
distress warrant.
1st. On proof that the money has been tendered
and refused, or that the party is ready to pay. —
2d. That he has actually paid it to one of the
parish officers, who had not accounted for it. —
3d. That the rate is null and void, for want of juris-
diction in the magistrates allowing it, or that it
was not duly made or published. — 4th. That the
party complaining is not rateable, either as not be-
ing occupier or rateable occupier. Doug. 426, —
6 T. R. 198.— 4 T. R. 368.-4 Mod. 157.— 4 T. R.
338. — 2 Black. 1330. — 2 T. R. 2/2. In these cases
only can the magistrates refuse a distress warrant ;
and if they refuse it for any other cause, a manda-
mus will lie to compel them. 6 T. R. 198.
The distress warrant must state specifically the
sum to be distrained, the name of the person
to be distrained on, and the rate upon which it is
granted ; it must also state the time when the
goods are to be sold, viz. not less than four, nor
more than eight days. 27 Geo. II. c. 20. One war-
rant may compel payment of two assessments,
under different rates, but it is not adviseable, since
if one of the rates is illegal it vitiates the warrant
590 Poor (Rates.)
as to both. 2 Black. Rep. 1330. The goods may
be distrained in any place within the county.
17 Geo. II. c. 38, ^.7- or in any other county, if
no goods are in the justice's jurisdiction; and if no
distress can be had, the justices may commit the
party till payment. The officer executing- the dis-
tress wai'rant shall shew the same to the person
whose goods are distrained, and shall permit him
to take a copy of it ; and a second distress may be
made if the iirst insufficient from the goods dis-
trained being of an arbitrary or uncertain value.
I Burr. 572. Nolan, 1, 234. Appeal against the
distress is allowed to the next sessions, whose deci-
sion is final ; but no distress shall be illegal
merely for defect of form in the appointment of
overseers or in the warrant of distress, nor shall the
parties be on either account deemed trespassers.
If a person deems himself aggrieved by a rate,
cither on account of its illegality, informality or
inequality, he must appeal at the next general or
quarter sessions, after the due making, allowance
and publication of the rate ; and it has been deter-
mined with reference to the county of Middlesex,
that it is not necessary to appeal to the next ses-
sions, if it be a general sessions, but to the next
quarter sessions, and it is adviseable that the ap-
peal should be made in all cases to the quarter ses-
jsions, as the general sessions cannot award costs to
■either party. 4 T. R. 12. By the next sessions is
meant the next practicable sessions at which an ap-
Poor (Rates.) ^9t
pfeal may be lodged, lb E. R. 206. s\ich appeal
should be entered at an original sessions, and not at
an adjourned sessions. 2 Bott, ^14, pi. 795. but it
may be lodged at such adjourned sessions and re-
spited. Ibid. The appellant must pay the rate not-
withstanding his appeal^ but if on the hearing^ it is
quashed, the sum paid shall be allowed in the next
effective rate. 41 Geo. III. c. 23.
A notice in writing of such intended appeal,
signed by the appellant or his attorney, must be
served upon or left at the place of abode of at least
two of the parish officers, in reasonable time before
the quarter sesions. 17 Oeo. II. c. 38, s. 4, and
1 T. It. 627. and the particular causes of such
appeal must be stated in such notice. 41 Geo. Ill
c. 23. more persons than one can join in such notice
if the causes of appeal are the same. 15 East, 206.
notice of appeal must be also given to all persons
whose assessments are made the grounds of appeal
and who are interested in the event of such appeal,
to enable them to defend their interests, if so in-
clined ; but it is not necessary for the appellant to
give notice to a person whose name is omitted in
the rate. 1 T. R. 627.
In appeals against rales, if the appellant docs not
appear the respondent cannot have costs, as under
17 Geo. II. c. 38, the power to award costs is
only given to the court on the hearing and deter-
mining the appeal.
If the rate is quashed on appeal, the justices shall
592 Poor (Relief.)
direct the churchwardens and overseers to make a..
new one. 17 Geo. II. c. 38. but 41 Geo. III. c. 23 i
s. 6, gives the justices at the quarter sessions a
power to alter or amend the rate, both in matter of
form and substance, and the Court of King's Bench
will not interfere on the ground of a poor's rate
being unequal, unless such inequality be manifestly
apparent on the rate. 2 7\ R. 660.
Until the act 54 Geo. III. c. 170, no person
could legally be excused payment of poors' rate by
the overseers, even with the approbation of the ma-
gistrates ; but by that act it is provided that two
or more justices in petty sessions, upon proof of
inability to pay, may, with the consent of the parish
officers, excuse any poor person from the payment
of any parish rates, and strike such person's name
out of the assessment. 6*. 11.
Persons who have a claim on the poors' rate, are
the poor by impotency and defect, the aged and
decrepit, the fatherless and motherless, the lame,
the blind, persons labouring under sickness, idiots,
lunatics, &c. to these the overseers are bound to
administer relief according to their several neces-
sities, either by setting such to work as are able,
by keeping them in the workhouse, or by occasional
relief by small pensions or otherwise, at their own
houses; they may also put out the children of the
poor as apprentices. 43 JEiiz. c. 2, s. I. but this
liability of the parish officers is only in cases where
the relations of the paupers are incapable of main-
Poor (Relief.) 593
taining them, for the father, grandfather, mother,
and grandmother, and children of every poor, blind,
lame, and impotent person, being of sufficient abi-
lity, shall relieve and maintain them, according to
a rate to be assessed by two justices, under a pe-
nalty of 20s. a month, s. 7. The order made for
maintenance must state that the person on whom
it is made resides in the jurisdiction of the jus-
tice making it. It must adjudge the party on
whom it is made to be of sufficient ability, that
the person to be relieved is actually chargeable
to the parish, and that he is unable to work
through impotency ; it must direct the party to
relieve the pauper, and must state how long. The
statute inflicts a penalty of 20s. a month for diso-
bedience of the order ; but the party may neverthe-
less be indicted, and the order may be removed to
the Court of King's Bench. Upon this statute it
has been decided 4 T. R. 118, that natural and
not acquired relations are only included in its ope-
ration, and consequently that a father-in-law is
not bound to maintain his wife's child by a former
husband, neither in her life-time nor after her
death, even though the husband had acquired an
estate with his wife; neither is a father liable to
maintain his son's wife or widow, nor a son-in-law
his wife's mother ; and it only extends to such rela-
tions as are enumerated in the statute.
The sessions cannot make an order for the pau-
per to be sent to his relations, but only an order
59-1 Poor (lidlef.)
to rclitMc him. Falcij, A\. and tbe pauper must
Jirst become eliari;eahli^ to the parish. l6' Vincr*
424.
P^irents deserting tlieir> families are by 1 Jar. c. 4.
.V. 8, deemed ineorrigiljle rogues, and may be sent
by two justices to the house of eorrection. Besides
this corporal punishment, by 5 Geo. I. c. 8, s. I,
the parish officers where any wife, child or chil-
dren are left chargeable, may, by warrant from any
two justices, scizethe offenders g-oods, and receive
so much of the annual rent of his lands, &c. as the
justices shall order, in discharge of such parish;
M'hich order on being- confirmed at the next quar-
ter sessions, they the justices of the quarter
sessions may authorize the parish officers to sell
so much of the said g-oods and receive so much of
the rents as the court shall think fit. The original
order by the two justices must specify the sum to
be raised, and how much property is to be seized,
and then the sessions should order how much of the
property so seized, is to be sold and appropriated.
6 J^.R. l6'3. The order cannot be made prospective,
but merely for the discharge of expenses already
incurred by the parish. Ibid. By 17 Geo. 11. c. 5,
.9. 1, persons threatening to leave their wives and
children shall be deemed idle and disorderly per-
sons; one justice, on conviction by confession
or oath of one witness, may commit the offender to
the house of correction for any time not exceeding
one month; and all who run away, leaving their
Poor (Relief J 595
families chargeable, shall be deemed rogues and
vagabonds, and the justice or justices before whom
they shall be brought, may order them to be pub-
licly whipped, or sent to the house of correction, to
remain till the next quarter sessions, or any less
time they shall think proper, s. 2. Appeal allowed
(giving" reasonable notice) to the next general
quarter session, whose order is final, s. 26.
Paupers are to be relieved within their own
parishes, except in the case of bastards being nurse
children. S. C. 49.
By 43 E/h. c. 2, the churchwardens and over-
seers, with the consent of two justices, are to set to
work paupers and their children; and the said jus-
tices may send such as refuse to work to the com-
mon gaol or house of correction, s. 1, 4. the names
of all persons receiving relief to be entered in a book,
with the time of their admission, &c. 3 If^. c. 11,
6-. 11. and no others to be relieved, except by order
of the justices. 16 id.
No justice to order relief unless upon oath of the
party, of his reasons for requiring it, and of his hav-
ing applied to a vestry or two overseers, and having;
been refused relief; nor until such justice hath
summoned two of the overseers to shew cause, and
the persons summoned hath been heard or did not
appear. ^ Geo. c. 7, *. 1. the person to whom
such relief shall be granted, shall be registered in
such book ; and no officers shall relieve any person
Q (A 2
596' Poor (Relief. J
not so registered, under penalty of ^5. to be leviedl
by distress, by warrant of two justices, s. 2.
An order for relief weekly is due the beg-inning-
of the week. 1 T. R. 320.
Neither the justices nor the sessions have power
to order payment of a surgeon's bill for curing a
pauper. 1 Barnard, 46. 2 Barnard, 20^, 247.
By 3 Car. c. 4, churchwardens and overseers, by
consent of two justices, may set up trades for the
use of the poor. s. 22.
The statute 43 E/iz. c. 2, empowers overseers, with
leave of the k^rd of the manor, and by order of ses-
sions, to build at the charge of the parish, on any
common or waste land within the parish, convenient
houses for the impotent poor.
Also, by 9 Geo. c. J, s. 4, overseers are em-
powered, with the consent of the majority of the
parishioners in vestry assembled, to hire or pur-
chase any house, and contract with any person for
the lodging, keeping, maintaining and employing
the poor, and shall take the benefit of their la-
bour; any poor person soliciting relief, who
shall refuse to be so lodged, kept or maintained,
shall not be entitled to relief from the churchwar-
dens or overseers of the parish; and two or more
parishes may join, with the approbation of a justice
of the peace, in purchasing or hiring such house for
the purpose aforesaid.
No contract to be valid unless the person so con-
tracting be resident within the contracting parish.
Poor (Belief. J $9"!
or the parish wherein the poor shall be lodg-ed or
maintained], or, in the case of united parishes, in
one of such parishes; and unless one or more res-
pectable householders shall, before the time of
signing- the contract, give sufficient security to the
churchwardens and overseers for its due and faith-
ful performance; and such contract to be approved
of and signed by two justices acting for the county
where the parish is situated. 45 Geo. III. c. 54.
Every contract to be void which shall not be
made conformable to this act ; and also (thougli
made conformable) if the contracting party remove
from the parish before the expiration of the whole
term for which such contract is intended to con-
tinue ; nevertheless the security given is not va-
cated, but is to continue in force to indemnify tlie
parish officers for any loss they may sustain in con-
sequence of the breach of contract and of such re-
moval, ft. 2.
Paupers applying for relief and refusing to go
into the workhouse, may be refused rehef by the
overseers. 3 T. R. 6'37. but a mother applying for
relief for her child is not compellable to go with it
into the workhouse. Ih'id.
By ?jQ Geo. III. c. 23, overseers, with the con-
sent of a vestry and the approbatiou in writiug of
one justice, may order relief to be given to poor
persons at their houses, under temporary illness,
although such person shall refuse to be lodged in
the poor house, s. 1. one justice may order re-
Q a 3
598 Poor (Relief.)
lief to any industrious poor person at his home,
notwithstanding- any contract for maintenance of
the poor in the poor house; but the cause of order-
ing such relief must be stated in the order. 6\ 2, 3-
and no such ordei* to be in force louger than three
months from the date ; but two justices may
make further order for along-er time, not exceeding
six months. 55 Geo. III. c. 137- and so on as
occasion may require, on oath of the necessity of
such relief continuing', and summoning- the over-
seers to shew cause against it. Ibid, and no allow-
ance for longer than one month, to exceed 3s. per
week for each person, or three-fourths of the aver-
age weekly expense of a pauper in the work-
house. Nothing in this act to extend to places
where houses of industry are established under
22 Geo. III. ^.83.
By 30 Geo. III. c. 49, any justice of the peace
(or any medical man or clergyman, by warrant of
such justice) may visit parish workhouses and ex-
amine the same, and may certify any complaint to
the quarter sessions. ^.1. in case such justice,
&,c. shall find the poor afflicted with any contagious
disease, want of food or medical aid, he shall apply
to another justice, and such order shall be made
for immediate relief as may be necessary until the
quarter sessions, s. 2.
By 24 Geo. II. c. 40, no spirituous liquors to be
sold or used in any workhouse.
Poor (Rdief.) 599
A justice is empowered by the act 52 Geo. III.
€. \Go, to order the overseers of the poor of any
parish, &c. wherein any gaol (not beini^ a county
gaol) is situated, to relieve any poor person who
shall be there confined under mcsz/c process for
debt, and who shall appear to such justice unable
to support himself, and wlio sluiU have made appli-
cation to the overseers for relief ; such relief not to
exceed six pence a day during the time of con-
tinement.
If the overseers have any doubt of the legal set-
tlement of the debtor, they shall cause him to be
examined on oath before one or more justices, as
to his last legal settlement ; upon which examina-
tion the justice or justices may make order for the
removal of such debtor, and suspend tlie execution
of it during the time of his confinement, Avhicli sus-
pension is to be indorsed on the said order, and the
subsequent permission is also to be so indorsed and
signed by such justice or justices, or any other jus-
tice or justices of the county, riding or division.
A copy of the order of removal and of the sus-
pension, should be forthwith served on the over-
seers of the poor of the parish In which such dei)tor
is adjudged to be settled, .v. 4.
The overseers of the poor of the parish where the
debtor is settled (though he shall not be removed
by virtue of the order) shall repay, by the direction
of any justice, to the ovC.rseers of the parish
wherein the gaol shall l)e situated, the reasonable
600 Poor (Relief.)
charg-es incurred in "granting relief to such debtor
during" his confinement, not exceeding six pence per
day; and if the overseers of such parish refuse or
neglect to pay the charge within twenty-one days
after demand, and shall not in the mean time give
notice of appeal against the order of removal, one
justice may, by warrant under his hand a,nd seal,
cause the money to be levied by distress and sale,
and also costs not exceeding 40s. at his discretion :
if the parish, &c. to which the removal is made,
is out of the jurisdiction of the justice issuing the
warrant, then the warrant to be sent to any justice
having jurisdiction within such parish, who shall
indorse the same for execution; but if the charges
ordered to be paid exceed ^5. the aggrieved party
may appeal to the next general quarter sessions of
the county in which such gaol is situated, and such
court of quarter sessions may amend the order at
their discretion, and direct the original order so
amended, to be duly executed.
If the parish wherein such debtor shall be ad-
judged legally settled, intend to resist the order of
removal, they must give notice of appeal within
twenty-one days before the next quarter sessions,
if the order is served in sufficient time to enable
them to do so; if not, then the appeal to be to the
next succeeding sessions; and if no appeal, or if
upon the hearing thereof the order shall be affirmed,
such debtor shall be deemed to be legally settled
at the place adjudged by such order.
If the debtor has no legal settlement in England
Poor (Belief.) 601
or Wales, the justice may order the overseers to pay
him six pence a daj"^ out of the poors' rate, and all
such sums shall be repaid them by the treasurer of
the county in which such parish is situated, out of
the county rate, at the expiration of the debtors
confinement.
By 22 Geo, III. c. 83, so much of the 9M Geo.
c. 7, as respects the maintaining- or hiring out the
labour of the poor by contract within any parish
which adopts the provisions of this act, shall be
repealed, and nothing in this act shall extend to
any parish, &c. which shall not agree to adopt the
provisions herein contained, s. 44.
Whenever two-thirds in number and value of the
owners or occupiers, according to their poors' rate,
within any parish, township or place (qualified as
after mentioned) shall at a public meeting signify
their approbation of the provisions of the act and
a desire to adopt them ; and shall, at such meeting,
nominate to the justices three persons qualified fis
guardians, and three others for governors of the
poor-house, and fix salaries to be paid to them;
and shall procure the assent of two justices, in
writing, to such agreement and salaries, such pa-
rish, &c. to be entitled to the benefit of this act. s. 3.
The notice to convene a public meeting must he
given in the church three Sundays before, and must
be fixed in writing on the cliurch door fifteen days
before, s. 6.
No person to vote at such meetin* unless he is
assessed ^'5. to the poors' rate, as an occupier or
60^ Poor (Relief.)
ovrner of land; but if there are not ten persons so
tjuaiiiied, then every person assevssed may vote. Ibid.
If the persons assembled at such public meetin«-,
shall at such meeting, by writing under their bands,
signify their opinion to the justices that on ac-
count of the extent and population of the parish,
^c, more than one guardian of the poor is neces-
sary, such justices may appoint four or more
guardians, as the case may require. 41 Geo. Ill,
V. 9, s.l.
Two or more parishes may unite for tlie purpose
of this act, but no parish distant more than ten
miles from the poor-house, shall unite with the
parish, &c. in which such poor-house is established.
22 Geo. III. c. S3, and all casual poor to be re-
lieved by all the parishes conjointly. 33 Geo. III.
c. 35, s. 3.
The gua,rdians of the poor, thus appointed, shall
be invested with the powers given to churchwar-
dens and overseers, except as to the making and
collecting rates, which rates shall be paid to the
guardian, or so much as shall be necessary; or if
two parishes are united, they shall pay over their
respective quotas to the treasurer of sucli united
district, or shall permit the treasurer to draw drafts
upon him, in the form prescribed by this act ;
such draft to specify the general purposes to
which the money is to be applied, to be allowed to
the churchwarden and overseer, whose accounts,
and those of the guardian, .are to be examined
Poor {Relief. J 603
monthly by the visitor, after being verified on oatli
before a justice, 22 Geo. III. c. 83, *. 7, 8.
The guardians present at a monthly meetinir,
with the consent of the visitor, who shall sign the
same, may make an order on the churchwardens.,
overseers or collectors of the poors' rate, for such
money as shall be necessary for the purpose of the
act; and on nei>lect or refusal, the same may hi*.
levied by distress aii-l sale of the i>oods, &c. of suck
churchwarden, by warrant of one justice. 41 Geo. Ill,
c. 10.
Notices respectinj^ the removal of paupers to be
served on the guardians; but if on the overseers or
churchwardens, the latter shall deliver the same to
tlie guardians, under a penalty of 40s. s. f.
No illegitimate child born in such workhouse,
imder this act, to be settled in the parish where
such workhouse is situated, but at its mother's .set-
tlement. 6-. 39.
Three persons are to be nominated by the guar-
dians as fit to serve the office of visitor, who are
afterwards to apply to two justices, and produce to
them the agreement and names of the said three
persons; and justices to ap[)<>int in three days, one
to be a visitor; if he refuse, then one other, and if he
refuse, then the third; if he also refuse, then the
guardians to serve monthly, by rotation, subject to
the control of the magistrates. ,y. 10.
The visitor, (if not a guardian) may appoint a
deputy. Ibid.
eOi Poor (Belief,)
'^
The duty of the visitor is to superintend the
house, remove doubts as to persons who are to be
sent there, to see the regulations enforced, and set-
tle the accounts of the guardians and treasurer;
such visitor or deputy to be exempt from all paro-
chial offices; and a certificate of serving- the office,
signed by a justice, shall be evidence of serving
it. Ibid.
The guardians to recommend a treasurer to the
justices, who shall appoint him, which treasurer
shall account to the guardian at every meeting, and
shall once a year make out an account of the ex-
penses attending the poor-house, of the number of
poor persons, how they have been employed, and
what has been earned by their labour, to be inspect-
ed by the visitor; and if by him approved, shall be
sent to the clerk of the peace, and by him laid be-
fore the sessions, s. 12.
Justices to appoint a governor, and his office, as
also that of the guardinn, visitor and treasurer, to
cease in Easter week yearly ; and in case of death
Or removal, then the vacancy to be filled up in the
manner before-mentioned, s. 14.
Houses, &c. may be provided by the guardians at
the proportionate expense of the several parishes,
for the accommodation of the poor; and they njay
also sell any house erected or purchased. Houses
hired, to be taken for not more than twenty-one
years nor less than three. Visitors and guar-
dians to be a body corporate, and to be enabled to
Foot (Belief.) 605
take by purchase or lease any lands, not exceeding^
one acre, in any city or town; and in the open
country, twenty acres, for the site of a house.
They are also empowered to enclose any waste or
common, not exceeding ten acres, for building
upon, and to borrow money at interest, and charge
the same upon the poors' rate. s. 18, 19, 20, 21.
And if at any time the money borrowed shall be
called in, the guardians, &c. may borrow it of some
other person, by assigning the security, s. 20.
Every person sent to the poor-house, to deliver
to the governor an order for admission, signed by
one of the guardians, s. 28. and none to be sent but
the indigent, aged, sick or infirm, except such
orphan children as shall be sent by the guardian,
with the approbation of the visitor, except such
children as go with their mothers for sustenance.
s. 29.
Infants becoming chargeable to the place where
they belong, may be sent to the poor-house or
placed with some reputable person, at a weekly al-
lowance; such expense to be borne by the place to
which they belong, unless the parents or relation^
shall desire to provide for such child; and no child
under seven years of age to be separated from his
parent or parents without their consent, s. 30.
Idle and disorderly persons to be prosecuted by
the guardians as vagrants, by 1 7 ^^o. II. and if
guardian shall neglect to complain of such person
to some justice within ten days after he knows the
(JOt^ Poor (Relief.)
fact, he shall forfeit not more than .=£b. nor les:^
than 206-. s. 31. but where any person is willini^ to
work, and unable to get employment, the guardian
may ag-ree for tlie labonr of such })Oor person at
any employment suited to his ability, and shall
maintain him till such employment can be pro-
cured ^ the guardian to receive his earnings and
apply it towards his maintenance;' and if such per-
son shall refuse to work, or run away from his em-
ployment, a justice, on complaint of the guardian,
inay commit him to the house of correction for not
more than three nor less than ojie month, s. 32.
The act 9 Geo. c. 7, is repealed so far as regards
the hiring- out the labour of the poor by contract,
in those parishes which shall adopt the regulations
of 22 Geo. III. c. 83. but the visitors and guardians
may make agreements (not to continue in force*
longer than twelve months) for the diet and cloatli-
ing of the poor sent to the house, and for their
labour, subject to the control of the visitor, guar-
dian and governor, with power to two justices to
dissolve such contract, s. 2.
A justice, on complaint on oath of any poor per-
son, legally chargeable, that the guardian hath re-
fused to relieve, such justice may order a weekly
or other allowance, or direct such guardian to re-
ceive the pauper into the poor-house, which order
be shall comply with, under a penalty of ^5. and
the justice, if the pauper is able and willing to
worlv, may order the guardian to procure him main-
Poor (Relief,) 60?
tenance and employment; or if he is an idle and
disorderly person, able but unwilling to work, the
justice may commit him to the house of correction
for not more than three months nor less than one;
but in places where a visitor is appointed, appli-
cation must be first made to the guardian ; if he re-
fuses, then to the visitor; and if he also refuses,
then the appUcation to be made to the justice.
A'. .35, 37.
The poor that shall be sent to the house are to
be supported at the general expense of the united
parishes; the treasurer, \v\i\\ the aid of the go-
vernor, shall provide for the maintenance of the
poor, and the guardian to provide cloathing for
persons sent to the house; if he neglect, the
governor or one of the guardians may complain to
a justice, who shall summon the party complained
of, and order him to find such cloathing; and if he
make default, in ten days justice shall order the
governor to provide the same, and levy the price
thereof, witl) costs, by distress and sale of the goods
of such guardian making default, s. 24, 33.
The guardians to meet the first Monday in every
month, to examine and settle the accounts of the
preceding month ; at such meeting the trea-
surer's accounts shall be produced, and the money
due to him shall be apportioned between the re-
spective parishes, at a medium of three years,
next before such agreement in writing; tiie over-
seers, under a penalty of ^5. shall attend and
60S Poor (Relief.^
give an account what has been the expense, at a
medium of three years; and guardian not attend-
ing- such meeting, cither in person or by proxy,
to forfeit not more than .^5. nor less than 40s.
If a pauper embezzles or wilfully wastes the goods
or materials, he shall be committed to the house of
correction for not more than six nor less than two
months, s. 25, 26, 40.
No visitor, guardian or governor to sell or fur-
nish any materials, goods, cloaths or provisions, or
do any work in his trade for any workhouse in
which he shall be appointed to act, under a penalty
of not more than ^20. nor less than ^5. s. 42.
If any poor person shall be detained by sickness
or infirmity in passing through any parish in which
he is not settled, the guardians shall provide him
lodging, nourishment and cloathing, if necessary,
until he can be safely removed; when he can be
so, they shall apply to a justice, get him examined
on oath as to his last legal settlement, and procure
an order for his removal thither; and such pa-
rish shall make a charge of such expenses, which
shall be paid by the guardian of the parish where
such person is settled, if that can be discovered
and be within the county; or if the person die or
shall be found dead, the guardian shall bury him in
the place where he died or was found dead, and the
expenses, when allowed by a justice, to be paid by
the parish where pauper settled, if within the
county; but if settlement cannot be found, or shall
Poor (Bates.) 609
not be ia the county, then to be paid out of the
county rate. .y. 38.
Any guardian or other persons enticing poor chiU
dren, pregnant women, or the sick or infirm poor
from one parish to another, or conveying them
without an order of removal, shall forfeit not more
than <£20. nor less than ^5. The penalties in
this act to be recovered before one justice, and to
be levied by distress and sale; and if no distress,
then by imprisonment in the house of correction,
not exceeding six months, but appeal is allowed to
the next sessions, s. 41.
Penalties under this act to be recovered before
one justice by distress and sale, and for want of
distress, the offender to be committed to the house
of correction for not more than six calendar
months nor less than one; the penalties, (unless
Otherwise directed), to be paid to the treasurer to-
wards the monthly expenses of the house, s. 45.
Appeal allowed to the sessions on giving eight
days notice, and security by recognizance to pay
costs, if the matter be determined against the ap-
pellant, s. A^.
Certain rules and regulations specified in this
act are to be observed in all poor-houses, with such
additions as may be made by the justices at the
special sessions, s. 34.
Where the guardian and visitor of a parish had
adopted the provisions of 23 Geo. III. c. 83, on
application to them for relief by a pauper for her*
R R
610 Poor- (Bates.)
self and children, directed them to be received into
the poor-house, held that one justice had not juris-
diction on complaint to him by the pauper, to order
relief out of the poor-house. 2 Mau. and Sel. 324.
The act 36 Geo. III. c. 10, authorizes in incor-
porated districts increased assessments for the^
relief of. the poor, notwithstanding such assess-
ments shall exceed those limited by former acts.
s. 1. and by 52 Geo. III. c, 73, so much of the last
act which provides that the sums to be assessed by
virtue thereof shall not exceed double the sum then
raised by virtue of any incorporating act, is re-
pealed.
The rules respecting workhouses were by the act
22 Geo. III. c. 83, only applicable to poor-houses
established under the authority of that act; but the
act 49 Geo. III. c. 124, directs. That any two or
more justices may, at a petty sessions, order them
to be observed and enforced in any parishes within
their divisions; and by 50 Geo. III. c. 50, these re-
gulations are extended to parishes which shall not
have adopted the provisions of 22 Geo. III. although
there be no master or mistress appointed to super-
intend such poor-house; and the churchwardens and
overseers of the poor are invested with all the
powers and required to perform the duties imposed
upon the governors of the poor.
Contractors for maintaining the poor shall be
subject to the jurisdiction of the magistrates, in
4he same manner as overseers, and the orders made
Poor (Rates.) 611
by any justice on such contractor, to be binding
and enforced by the same means as against over-
seers disobeying in like manner; and justices, on ap-
plication of the overseers, may appoint the keeper
of the workhouse to be governor thereof, who shall
be invested with the same powers as the governors
directed to be appointed by 22 Geo. III. c. 83.
The punishment for paupers embezzling or wast-
ing goods, &c. and for infraction of the rules and
orders directed to be enforced by the act 22 Geo. III.
c. 83, are continued in force by 50 Geo. III. c. 50.
By 55 Geo. III. c. 137, overseers are invested
with the goods, &c. belonging to the poor, and any
person buying or receiving in pawn any property
provided for the use of the poor, or defacing
any marks thereon, shall forfeit not exceeding ^5.
nor less than 20s. on conviction by confession or
oath of one witness before one justice of the peace,
one moiety to the informer and the other to the
overseer; in default of payment the offender to
be committed to the common gaol or bouse of cor-
rection for not more than two calendar months, s. 2.
and persons absconding with such property, on
conviction by confession or oath of one witness,
may by one justice be committed to gaol or house
of correction for three calendar months. Ibid.
Paupers guilty of misbehaviour in workhouses
may be committed to gaol or house of correction
to hard labour for not exceeding 21 days. s. 5.
No person concerned in the management of the
R R 2 *
612 Poor (Settlement.)
poor to contract for the supply thereof, under pe-
nalty Qf^ioo. to be recovered by action, except
under pai'ticuhu* circumstances, s. 6.
Pai'ish officers to give notice of their intention to
contract for articles for the use of the poor, stating
the time and place to meet for that purpose, by af-
fixing such notice on the church door and inserting
it in a newspaper circulated in the neighboui'hood
seven days previous to such meeting, s. 7.
No conviction to be set aside for want of form,
nor removed by certiorari ; but appeal allovf'cd to
the next general quarter sessions, on the appellant
entering into recognizance with two sureties to try
such appeal, s. 9.
A very important duty of Justices of the peace
and palish officers is to obtain a correct knowledge
of the laws relating to the settlement of the poor.
The different methods of gaining a settlement are,
1. By birth.
2. Parentage.
3. Marriage.
4. Hiring and service.
5. Apprenticeship.
6. Renting a tenement.
7. By estate.
8. Serving a parish office.
9. By payment of rates.
Poor (^Settlement.} 613
10. By certificate.
11. By relief. '
12. By not appealing; against an ordei*
of removal; and they may be classed in two divisions,
viz. derivative and acquired ; the former is gained
^y birth, parentage or marriage-, the latter hj ap-
prentices/up, hiring and service, serving an ojfice,
renting a tenement of at least ^10. a year value, or
by estate; the other settlements above enumerated
are not so per se, but consequent upon some act
done or omitted to be done, as continued relief
given to a pauper is presumptive evidence of settle-
ment ; and the not appealing against an order of
removal, is conclusive that the settlement of the
pauper is in the pansh to which he is removed.
By 54 Geo. III. c. 170, all enactments and pro-
visions contained in any local acts respecting the
gaining of settlements are repealed.
SETTLEMENT BY BIRTH AND PARENTAGE.
The place of birth is the settlement of all illegi-
timate children, except in the following cases, 7^/2.
where the mother is conveyed collusively into the
parish in which the bastard is born: where a bas-
tard is born in an hospital, house of industry,
county gaol or house of correction. 13 Geo. III.
c. 82. 20 Geo. III. c. 36*. — where born while the
mother is under an illegal order of removal, or if
born pending an order of removal which is after-
R R 3
614 Poor CSeitkment.J
wards reversed : where born m transitu, while the
mother is passing under an order of removal or re-
maining- under a suspended order : where born
after the order signed, but before actual removal :
where the mother returns to the place from whence
she was removed, or where the bastard is born in
the streets, the mother being in a state of va-
grancy. 17 Geo. III. c. 5, s. 25. but a bastard born
on the road, while the mother is going to her own
parish, (without fraud), is settled where born ; and
by 54 Geo. III. c. 170, a child born in the poor-
house belonging to united parishes shall not be
settled there, but in the parish from which it is
sent to such poor house, s. 3.
A bastard shall not be removed to its place of
settlement while under seven years of age, but
shall continue as a nurse child with its mother, un-
less she desert it. 2 Butt. A pi. 11. but its own pa-
rish shall maintain it in the parish where its mo-
ther resides.
The place of birth is also t\\Q prima facte settle-
ment of legitimate children, but only so until their
settlement by parentage can be discovered, and so
also is the place where iheyavQ found. — Legitimate
children are settled in the parish where their father
is last settled ; and when the father gains a new
settlement, it is communicated to the child, until it
gains a settlement in its own right; and such settle-
ment is not altered by the after marriage of the
mother; or if the father's settlement cannot be found.
Poor (Settlement.) 615
then in the place where their mother is settled; and
if a widow gain a new settlement, (except by mar-
ri^vge) it is communicated to her children, i. e. by
her former husband.
A posthumous child is entitled to his father's
settlement, and this right is not annulled by the fa-
ther's death, though the mother gains a new settle-
ment in her own right by marriage ; nor can she in
any case gain a new settlement for her children
during their father's life, but the children follow
the settlement acquired by the mother after the fa-
ther's death, she being a widow. Foley, 254,
1 Sess. Ca. 69.
Children after seven years of age may be emanci-
pated and gain a settlement for themselves ; and the
ireneral rule of law is, that such children shall have
the settlement of the parent at the time of emanci-
pation. 6 T. 11,2 17. 2 Bott.33 p/.63. bE.R.b2i5.
for if a child be born in a parish where his father is
settled, and the father afterwards gains a settle-
ment in another parish, the last parish is the settle-
ment of the child. 2 Salk. 528. 3 Salk. 259.
Emancipation may be effected by a child's re-
maining in a parish after the removal of his father,
>nd maintaining himself by his own labonr ; by en-
listing as a soldier; by becoming the head of a
family; by marriage, &c. and generally where a
child leaves his father's family and })uts himself
under the control of others it is an emancipation.
Persons born in any prison or house licensed fur
Rr 4
616 Pt)or (Settlement.)
the reception of pregnant women, shall not gain
any settlement in consequence thereofin the parish
where such prison or house is situate. 54 Geo. III.
C. 170, S. 2,
BY MARRIAGE.
By marriage, in general, the settlement of the
husband is communicated to the wife, but the mar-
riage muist be legal, and conformable to the mar-
riage act. 26 Geo. II. c. 38. and a wife cannot
gain a settlement distinct from the husband during
coverture, though she never resided with him. A
cohabitation of thirty years is such a presumptive
proof of marriage, as will entitle the children to the
settlement of their parents ; but if she marries a
man whose settlement is unknown, she does not
thereby lose her maiden settlement. 2 Bott. 'J'jy
pi. 120, 121. and if she marries a foreigner who
has gained no settlement, she must be sent to
her settlement before marriage. Ibid.—^On the
removal of the wife only, it is sufficient if
the removing parish prove her maiden settlement,
the fact of her marriage must be proved by the
appellants; but, notwithstanding the husband's
settlement is communicated to the wife, and re-
tained by her after her husband's death till she
gains a new one, yet her settlement is merely sus-
pended but not extinguished ; for if her husband
has no settlement^ or it cannot be discovered, her
Pooj* (^Settlement. J 6I7
own settlement remains notwithstanding her cover-
ture. Ca/d. 39, 2 Bott. 83, /?/. 127.
To establish a settlement by parentage, it is ne-
cessary to prove — 1st. The marriage. — 2dly. That
the pauperis the issue of that marriage. — and 3dly.
The settlement of the parents ; first of the father,
and if he has none, or it cannot be found, then of
his grandfather or grandmother; and if no settle-
ment can be proved on the side of the father, then
recourse must be had to the mother s settlement.
1 Nolan, 2S/'«
HIRING AND SERVICE.
Another species of settlement is by hiring and
service ; by 8 and 9 lf^?n. III. c. 30, it is enacted
that no person hired as a servant shall gain a set-
tlement, unless he abide in the same service one
whole year, and he must be unmarried and not
have any child or children. 3 JVin. III. c. 11. to
which the last act refers; and no certificated person
nor servant of a certificated person, shall gain any
settlement by such hiring and service.
The period when the statute requires the paity
to be unmarried, is the time when the contract is
made, therefore marriage during the service, or
even after the hiring and before the year begins,
will not prevent a settlement. 3 T. R. 382. Bi/rr.
JS. C. 322. A widower is within the meaning of the
act, and may gain a settlement by hiring and ser-
618 Poor (Settlement.)
vice. 2 Bott. 177, pi. 236. and though he hath -a
child, yet if the chikl is emancipated it shall not
defeat his settlement ; but the emancipation must
take place at the commencement of the contract
for the year's service under which the settlement is
sought to be obtained. 10 E. R. 88. 1 Nolan,^0'S.
It is not necessary that the master should have a
settlement, nor need he live in the parish where
his servant serves him. 1 Nolan, 304. The degree
of relationship between the parties is immaterial.
A daughter may gain a settlement by performing
the office of a servant to her father. 2 T. R, 37. The
nature of the service is immaterial, and the servant
may live the whole or a part only of his service in
his master's house; it is sufficient if -he is bona fide
his servant for the term ; the wages may ])e in mo-
ney, clothes, instruction or victuals, and may be
payable or given weekly, yearly, in the piece or in
gross, and any alteration during the year is imma-
terial. 1 East, 656.—Murr. S. C. 4B9.-^Cald. 367.
- — 3 T. R. 449.— The contract must be for one
year's prospective and successive service ; any in-
terruption or special exemption from the control of
the master, during the term, gains no settlement. —
The contr^ict for hiring may be expressed or im-
plied, oral or written, and though no express agree-
ment can be proved, yet the exercise of control,
and the performance of service, is presumptive evi-
dence of the hiring for a year, unless it is proved
that the parties did not in fact stand in the relation
Poor (Settlement.) <619
of master and servant, b T. R. 3'2f, AA^J. where
there is a general hiring but no time mentioned, it
shall be presumed to be a hiring- for a year. 5 2\ R,
668. and any hiring for an indefinite time is a hir-
ing for a year. 2 BotL 191, pi. 254. A hiring for
half a year and service, and another hiring for a
year and service for the half of that year, gains a
settlement. 1 Ld. Ben/. A26. A Bott. 333. p/.312. —
A hiring for a year, and the servant continuing six
months after the year, gains a settlement in the
place where the servant served the last forty days;
but the forty days' residence must be witiun the
compass of a year. I Alau. and Sd.T2\.
If a master becomes a bankrupt, in consequence
of which the y earls service is dispensed with, the
servant nevertheless does not lose his settlement.
2 2\ R. 627. so, if the master pays the years wages,
but tells his servant he has no further occasion for
his services. 8 T. R. 236. and if the master turns
away his servant before the year, expressly to de-
feat his settlement, it is held to be a fraud, and
shall not prevent the settlement. 2 Boit. 302,
pL 368.
A servant quitting his service, by consent of the
master, to prevent a settlement, is held fraudulent
and a mere evasion, and only operates as a dispen-
sation. 2 Bott. 312, pL 379.
A service with other masters, by the first master's
consent, he taking him again, is a dispensation
only. 2 Bott. 294, pL 357- but if a servaut goes
620 Poor (Settlement.)
away three weeks before his year expires, with his
master's consent, and 6s. is deducted in conse-
quence from his wages, it is a dissolution. 2 Bott.
300, pi. 36b*. and so, if a servant, with his master's
leave, is absent, and during such absence his year
expires, he gains no settlement. 2 Bott. 304, pi. 372.
Forty days' residence is necessary to gain a settle-
ment, but it is not necessary that the forty days
should be successive. 2 Bott. 278, and where the
last forty days is in different parishes, the settle-
ment is gained in the parish where the servant
lodged the last night. 2 Bott. 286, pi. 350.
A service with the same master though not in the
same place where the hiring was, gains a settlement
in the last place of service. 2 Bott. 273, /;/. 334.
4 Burn, 338. though the master had neither house
nor estate there. 2 Bott. 284, pi. 348. and was only
a visitor or temporary resident. 2 Bott. 274. pi. 337,
If a servant during his service marries and lodges
with his wife for the last forty days in another pa-
rish, he gains a settlement in the parish where he
lodges. 2 Bott. 287, pi. 351.
A servant leaving his master from sickness, is
still considered as residing with him in the capacity
of a servant, and gains a settlement in the master's
parish, even though his master deduct part of his
year's wages, b T. R.QS'J.
Hiring for eleven months and one month over, is
a hiring for a year. 1 Nolan, 3 06.
A hiring from Whitsuntide to Whitsuntide is for
Poor (Settlement.) 621
a year, though there may not be 365 days in that
particular year. 1 Nolan, 320,
If a person is hired short of a year, no settlement
is gained, though the avowed object of the curtail-
ment is to avoid a settlement. 1 Nolan, 2>\^. Per-
sons cannot contract so as to gain a settlement,
unless they are free agents ; therefore a parish
pauper hired out by the parish officers, not being
sui juris, cannot by such hiring acquire a settle-
ment, 1 Nolan, 304, 312. A deserter from the
King's service gains no settlement by hiring and
service. 1 Nolan, 303. nor a private soldier during
leave of absence. R. v. Beaulieu. 55 Geo. III.
If a master dies before the year, continuing' with
his widow till the expiration of the year gains a
settlement. 1 A^o/aw, 363, 370, 4l6, and where the
master lets bis farm, and the servant continues
with the lessee the remainder of the year, a settle-
ment is gained without any fresh contract. 1 No-
lan, 416.
A dispensation of service is where the servant
continues liable to seiTC his master for the year,
though the master dispense with part of the ser-
vice, and a settlement is nevertheless gained; but
if the master part with his control over his servant
so far that neither of them retain any power of com-
pelling the full performance of the contract, such
contract is dissolved and no settlement is gained.
I Nolan, 345. therefore if a master consents to his
servant leaving his service two days before the ex-
622 Poor (Settlement.}
piration of the year, though he pay the full year's
wages, yet it was held to be a dissolution of the
contract. \2 E. R. 550.
A female servant during her service was disco-
vered to be with child and was turned away ; held
to be a good cause of dismissal, and consequently
a dissolution of the contract. 1 Nolan, 391. A
man servant cannot be dismissed on a supposition
of a criminal intimacy with a female servant in the
same family ; but otherwise if the fact positively
found. 1 Nolan, 392. the residence during the last
forty days of the year's service fixes the settlement;
but if the last forty days' residence be abroad or in
an extra-parochial place, the settlement is in the
parish where the preceding forty days' residence
was. 1 Nolan, 421. and where a person resides part
of a year in one parish and part in another, and re-
sides forty days in each, the settlement is where he
lodges the last night. 1 Nolan, 424. If a service
is continued beyond a year, a settlement is gained
in the parish in which the service is performed the
last forty days. 4 Burn. 340.
Serving part of the year by deputy, though with
master's consent, does not confer a settlement.
1 Mau. and Sel. 622.
Certain disabilities by statute prevent servants
from gaining settlements, viz. servants coming
into a parish under a certificate, shall gain no set-
tlement there unless they take the lease of a
♦enemeut of the value of ^10. a year, or execute
Poor (Settlement.) 623
some annual office there. 9 and 10 //?«. ///,
c. 11.
Persons hired and living with persons who reside
in the parish under a certificate. 12 Ann, st. 1,
c. 18, s. 2.
Servants to any person residing- in any paiish,
&c. under the authority of 53 Geo. HI. c. 54, *'for
the Relief of Friendly Societies^'' shall not on ac-
count of such hiring and service gain a settle-
ment therein, s. 24.
No child, nurse or servant received, maintained,
educated or employed in the Foundhng Hospital,
shall in consequence thereof gain a settlement in
the parish where such hospital is situate. 13 Geo. If.
c. 29, s. 7. nor penitent prostitute admitted in the
Magdalen Hospital. 9 Geo. III. c. 31, ^.8.
To support a settlement by hiring and service,
it is necessary to prove — 1, hiring for a year, —
3, service for a year, — 3, residence for forty days.
BY APPRENTICESHIP.
By 3 IF. and Af. c. 11, ^.8, if any person shall
be bound apprentice by indenture, and inhabit in
any town or place, such binding and inhabitation
shall be adjudged a good settlement; but by 13 and
14 Car. II. c. 12, ^. 1, a residence of forty days is
necessary to gain such settlement. Apprentice-
ship to a person residing under a certificate gives
no settlement in the certified parish. 12 Ann, st. 1,
^24 Poor (Settlement. J
/. 511. 4 Burn, 460. It is held that the in-
denture must be proved by the party calling for it,
tl)ou;;di it came out of the hands of the adverse
party, and a copy may be g-iven in evidence where
the adverse party has notice to produce the original
and refuses. Bull. lY. P. 254. — If the deed is thirty
years old, no proof is necessary of its execution,
the sealing- and delivery shall be presumed, unless
disproved. An alteration made by the party, whe-
ther material or not, vitiates the deed; but an im-
material alteration by a stranger, does not.
BY RENTING.
The general principle which regulates this species
of settlement is the ability to pay ^10. a year, and
the nature of the tenement is immaterial; an incor-
poreal hereditament is a tenement within the mean-
ing of the act, and the renting a windmill (not
being a post windmill,) or water mill, or a rabbit
warren, will gain a settlement. 4 Bf/r??, 4Gg. 2 N'o-
la/i, 8. and a contract for the privilege of milking
cows fed on a farm, though the cows are not the pau-
per's OAvn, will confer a settlement. \0 E. R. 496.
14 E. 11. 280. but the value of the land on which
the cows are depastured must be ^10. a year or
upwards. 2 A^ola/i, 16.
The rc7it of a tenement is not material, if it be of
Poor (Settlement.) 629
the value of ^10. a year, and stock on a tenement
does not alter its value. 4 Burn, 486. but if landis
taken ready cropped, its value may be computed
higher on that account. l6 E. R. 127.
A. tenement at ^10. yearly value will confer a
settlciiient, though the landlord agree to pay rates
and taxes. 4 Burn, 490. \3 E. R. 320.
If a tenement is let at more per week than will
produce ^10. a year, yet it will not confer a settle-
ment if the annual value to be let by the year is not
^-£10. a year. \o E. R. A\.
It is not necessary that it should be one entire
tenement, for two tenements taken at ditferent
times, neither of them alone amounting- to ^10.
annual value, will make a settlement if they are
worth ^'10. a year in the aggregate. 4 Burn, 49 1.
-Renting jointly, if the moiety be worth ^10. a year,
igains a settlement. 4 Burn, 497. The value of a
tenement increased by labour after the letting, can-
not be taken into account in estimating the present
value. \ Mau. and Sc/. 381. It will not prevent a
settlement though ])art of a tenement of the yearly
value of ^10. be let otf to under-tenants. 4 Bvrn,
300.
Though bv the General Turnpike -Act, and by
54 Geo. III. c. 170, a toll-keeper is prevented from
acquinnjg a settlement by keeping the toll-gate, yet
he may gain a settlement in the parish in which ho
keeps the toll by renting a tenement of ^10. a
year. 5 E. R. 333. and the prohibition from gain
« s 3
630 Foot (Settlement.)
ing a settlement by renting such toll, does not ex-
tend to the tolls of a bridge, not being part of the
turnpike road. 4 Rum, 762. 1 Mau, and Sel. 514.
Though no rent is reserved or paid, or a man
from kindness settle another in a tenement of ^10.
a year value, a settlement is gained. 4 Burnj 486.
If different tenements are rented together of the
value in the whole of ^10. a year, a settlement is
gained in the parish in which the party resides forty
days. 4 Burn, 514. and if land is rented of one per-
son at ^4. a year and a house of another at ^6.
a year, in different parishes, the settlement is gained
where the house stands.
A foreigner by renting a tenement of <^10. a
year may gain a settlement. 4 E. R. 103.
There must be a residence of forty days to gain
a settlement by renting ; therefore taking land of
whatever value without residence in the parish in
which the land lies, gains no settlement. 4 Burn, 510.
and where forty days' residence is in different
parishes, the settlement is gained where the tenant
resides the last night. 4 Burn, 515. If possession
of a tenement be obtained by fraud, it will gain no
settlement. 4 Burn, 517.
The term for which tenant takes the premises is
immaterial, if he reside forty days in the parish in
which it is situate; and it makes no difference if
taken for the avowed purpose of gaining a settle-
ment, if done without fraud. 2 Nolan, 42.
No person shall gain a settlement by reason of
Poo7' (Settlement. J 631
any residence within any parish, while he shall \)e
detained in custody within any such parish on any
civil process or for any contempt. 54 Geo. III.
c. 170. s, 4,
No person maintained by any charitable institu-
tion shall gain a settlement by residence thereii).
i. 6.
To establish a settlement by occupancy of a te-
nement of ^10. a year, it is necessary to prove —
1st. the nature of the tenement; — 2iid. the law-
ful occupation ; — 3rd. the annual value of s£\0.
during such occupation; — and 4thly. forty day^'
residence in the parish where be pccypies. 2 Ao-
Ian, b'J.
BY ESTATE.
The principle of this settlement is that a man shall
not be removed from his own property, but his in-
terest therein must issue out of the really locally si-
tuated in the parish where the settlement is sought,
therefore living on a leasehold estate out of which a
person has a rent charge only,confei'S no settlement.
2 Nolan, 59. A residence of forty days eitlier upon
a man's own estate or in the parish, is necessary to
confer this settlement. 4 Burn, 560. and it need not
be forty successive days. An estate to which the party
is entitled by descent, of whatever value, confers a
settlement. 4 Burn, 520. but an estate by purchase
for a consideration in money, does not gain a settle-
S s 4
632 Poor (^Settlement.)
ment, unless such consideration bona fide paid,
amounts to ^30. or upwards. 9 Geo. I. c, 7, s. 5.
nor does it extend to voluntary conveyances.
2 Noktn, 63.
An estate acquired by devise also confers a set-
tlement. Ibid. 68. but possession by one entitled
to administration, without taking it out, gives no
settlement; and this differs from the case of an ex-
ecutor who acquires a settlement by possession of
a term before probate. 4 Burn, 520. and an executor
to a tenant under £\0. a year gains a settlement by
a residence of forty days, though he never proved
the will. 4 Burn, 504.
A husband may acquire a settlement by posses-
sion of an estate which he obtains by marriage in
right of his wife. 2 Nolan, 70.
A cottage left to live in during life, confers a set-
tlement. 4 Burn, 531. the mere right of property is
unnecessary to gain a settlement, the right of pos-
session is sufficient. 2 Nolan, 71. and the undis-
turbed possession for twenty years of an estate,
however acquired, is not material, and a settlement
is gained. Ibid. 72. A settlement may be gained by
possession of an equitable interest, subject to the
same rules as a legal estate. Ibid. 74. Mortgage
or possession gains a settlement, but not if in pos-
session wrongfully; so also the mortgagee in posses-
sion. 4 Burn^ 537. A widow entitled to dower,
though no assignment of dower is made, gains a
settlement by residence on the estate.
Poor (Settlement.) 633
All infant residing- in the parish in which he has
an estate (though not residing on it,) gains a set-
tlement by residence, and is not removable. 2 A'b-
1(1)1, 89. A wife cannot be removed from her hus-
band's estate though he ran away. 4 Burn, 552.
The proofs necessary to establish a settlement by
estate arc — 1st. that the party had either a legal or
equitable interest in possession in lands or tene-
ments within the parish where the settlement is
sought ; — and 2nd. a residence of forty days in the
parish.
BY SERVING A PARISH OFFICE.
This settlement is gained by authority of 3 and 4
JF. III. c.W, s.G. which enacts, " That if any
person who shall come to inhabit in any parish, &c.
shall for himself or on his own account execute any
public or annual office during one whole year, he
shall be adjudged to have a legal settlement in the
same."
-• It has been determined that serving any of the
following offices gains a settlement :— Parish Clerk,
Sexton, Churchwarden, Warden of a Borough, Ti-
thingman, Petty Constable, Borsholdcr, Collector
of Land Tax, Collectors of Duties on Births and
Burials, by 6 and 7 TV. IIL c. 6. Bailiff or Ale-
taster for a Borough, and Hog-ringer for the pa-
rish. I A^o/an, 552. hence it appears that the
office need not be parochial, but it must be a public
634 Poor (Settlement.)
and annual office and not a mere employment, as the
master of a workhouse or parish schoolmaster.
Ibid. 555. and the person appointed must execute
the duties for a year at least ; but by the term an-
nual, the duration of the office is not restricted to
a year. A freehold office held for life is an annual
office within the meaning of the act ; such office
must exist within the parish, though it may extend
beyond it, and the party gains a settlement in the
parish where he .resides, if acting as constable for
several parishes. 1 Nolan, 557. A deputy gains no
settlement by serving the office for his principal.
J 9 Pln.Abr, 379.
Though it is not a settled point, yet from analogy
with settlements by apprenticeship, hiring, service,
&c. it seems that a residence of forty days in the
parish in which the office is executed, is necessary
to confer this settlement. 1 Nolan^ 562.
To establish this settlement it is necessary to
prove — 1st. that the office is annual, of a pubhc
nature, and to be executed in the parish; — 2nd. that
the party was legally placed therein; — 3rd. that he
served the whole year; — 4th. the residence.
BY PAYMENT OF RATES.
This settlement, which was created by 3 Tf^. IIL
<7. 1 1 , .9. 6, is if not virtually repealed rendered
nugatory by 35 Geo. III. c. 101, by which it is
enacted, " That no person shall gain a settlement
Poor (Settlement.} 635
by beiii^ charged with and paying public taxes in
respect of any tenement not being of the yearly
value of ^10." consequently the payment of taxes
if the tenement is under that value, gains no settle-
ment; and if of or above that value, the payment
of taxes is immaterial, as the settlement is gained
by virtue of the renting, coupled with the residence.
BY CERTIFICATE.
The settlement by certificate is also become ob-
solete; the act 35 Geo. HI. c. 101, has made it no
longer necessary to grant certificates, as no person
can be removed until actually chargeable; never-
theless, as some certificates are in existence, and
may still be granted to save trouble, it is necessary
briefly to notice the law respecting them. — A parish
is not bound to grant a certificate. $ NolaUy 148.
it is not necessary to direct it to the parish to
which it is delivered. 1 East, 438. nor to any parish
in particular; it must be under the hands and seals
of at least two of the parish officers. 51 Geo. III.
c. 80. and attefsted by two or more witnesses. Tlie
certificate should be allowed by the magistrates,
but they are not ministerially obliged to allow it.
It must be delivered to tl^e parish officers at the
time of coming into the parish; but though not
delivered, it is an acknowiedg:ement of the parish
granting it that the pauper was settled thereat the
time. 5 T. Jl. 154. — A certificate includes any child
636 Poor (^Settlement. J
born after tlie granting of it. B.S.C. 182. and a cer-
tified single woman, being with child, and acknow-
ledged, by the certificate, to be both legally settled
•in the certifying parish, the child is, notwithstand-
ing its bastardy, removable to the certifying parish.
2 Bott. 581, p/. 6*50. but a certificate, unless speci-
fically, as in the above instance, referring to the
child in ve?itre sa mere, extends only to legitimate
children. 7 T. 11. 362.
A certificate does not extend to grand-children,
nor to children after they are emancipated. 4 T. IL
797. but otherwise if the children are named m the
certificate. 5 T. R. 258. and if the party's child is
named in it his family is included. 8 T. R. 448. it
docs not extend to a child intentionally left out of
the certificate, because the parties granting it may
limit its operation. 7 T.R.\33. It extends to a
second wife after the husband's death, even though
granted in the first wife's life time. 5 T. R. 266.
Where a certificate acknowledges persons to be
man and wife, they are precluded from taking ad-
vantage of it if it should not be so in fact. 2 Bott.
578. pi. 636. A certificate is not binding against a
subsequent settlement. 2 Bott. 576, pi. 630. nor
does it restrain the party from gaining a settlement
in a third parish. 2 Bott. 576, pi. 630, but a volun-
tary removal to a third parish does not defeat the
certificate. 4 Burn, 6 15.
A certificate does not extend further than to the
place where first delivered. 4 Burn, 6 14. An ap-
Poor (Settlement.) 63^
prentice to a certificated man serving an uncertified
one in the same parish gains no settlement. 4 Burn,
631.
A certificate is discharged by an estate coming to
the certified party, either by descent, devise or pur-
chase, he residing thereon forty days ; and also by
a removal to another parish by a justice's order.
4 Burn, 619.
A temporary removal either on business or plea-
sure, if the party leave his family behind, does not
defeat a certificate. 8 1\ R. 339. but otherwise if
the party hath no intention to return. 1 T. R. 354.
only such part of a certified family can be removed
as ask relief. B. S. C. 748. An apprentice to a
man who had two certificates from the same parish
to different parishes, gains a settlement by serving
the last forty days in the first certificated parish.
4-Si//-«, 633. The settlement of an apprentice is
good, though certificate not delivered. 4 Burn, 6'34.
If certificate be granted to the master within forty
days after binding, the apprentice gains no settle-
ment, but otherwise if he served forty days before
the grant. Ibid.
Persons coming into a parish under a certificate
must reside there to avail themselves of its opera-
tion. 6 E. R. 397.
By 3 Geo. II. c. 29, overseers removing persons
back to their families residing under a certificate
and becoming chargeable to the parish to which thi'y
•^hall belong, shall be reimbursed the reasonable
638 Poor (Settlement,)
charge of maintaining and removing such persons
by the parish to which they are removed, to be set-
tled by one or more justice ; which charges if not
paid, may be levied by distress and sale of the
goods of the churchwardens and overseers to which
such certificated person is removed.
To estabhsh a settlement by certificate it is ne-
cessary to prove — 1st. the identity of the parties; —
and 2nd. the due execution and delivery of the cer-
tificate.
BY RELIEF.
The fact of a pauper's being relieved is no proof
of settlement in the relieving parish. 2 E. R.'J^.
he might have been relieved as casual poor. 8 E. R»
498. but if a parish relieves a pauper under circum-
stances which exclude the supposition of its being
given to the party as casual poor, it is evidence of
a settlement. 2 Nolan, 120. it is however the
weakest evidence of settlement, and the relieving
parish may rebut such evidence by proving that the
person relieved was at the time settled in another
place. 12 E. R, 553. the strongest presumptive
evidence in these cases is where the relief is granted
to a family resident in another parish. 15 E. R.
350. and to establish the settlement it is necessary
to prove that the relief was given to the parties as
settled, not as casual poor.
Poor (Settlement.) 639
BY ORDER UNAPPEALED FROM,
An order of removal executed and unappealed
from, is conclusive on the parish on which such
order is made against all the world. 2 T. R. 598.
11 E.R. 388, and it is equally so if the paupers
reside under a certificate. Cald. 472. it is also con-
clusive of a marriag-e where the woman is removed
as married without her supposed husband. 7 ^- ^■
377. and consequently it is evidence of the deriva-
tive settlement of after-born children. 6 T. B. 6l5,
and if a woman be removed as the wife of A. it is
conclusive of the husband's settlement. Cald. 497»
and if removed as a widow, it is equally conclusive
that her husband is settled in the parish. 8 T. R.
620. An order unappealed from is only conclu-
sive of the settlement of persons mentioned in it,
and their families. 1 T. R. 353. but if an order is
abandoned, it concludes nothing. \2 E. R. 369,
Therefore an order so unappealed from, is conclusive
of the settlement of those who are affected by it, up
to the period at which the parish ought to have
appealed, and is only to be superseded by a settle-
ment gained subsequently. 2 Nolan, 130.
To support this settlement it is requisite to prove
that the order was duly made and executed; but it
is not necessary that the party relying upon the
order should shew that it was appealed from, as that
640 Poor CRemovalJ
fact will be presumed unless the contrary is shewn.
2 Nola?i, 132.
Having- pointed out the various species of settle-
ment, it remains to be shewn who may and who
may not acquire settlements. A wife cannot acquire
a settlement by any act of her own during- coverture,
nor a child under seven years of age. 2 Nolan^ 134.
An alien may acquire a settlement by renting
and occupying- a tenement of ^10. a year. Ibid, but
not by estate, except in very few instances.
Ibid. 135.
By 35 Geo. III. c. 101, ^.4, no act done by any
poor person continuing to reside in any parish, &c.
under the suspension of an order for their removal,
or of a vagrant pass for passing them, shall thereby
gain a settlement.
In some cases persons are irremovable, though
actually chargeable to the parish in which they
reside, for a wife cannot be separated from her hus-
band without consent. \ Str. bb4, and if the hus-
band is a foreigner and hath no settlement, the wife
shall not be sent to her maiden settlement, though
they become chargeable. Ibid, but an order to re-
move them is good, if made by their own con-
sent, b E.R. 113.
Nor can children, whether legitimate or not, be
removed from their parents within the age of nur-
ture. Cald. 6. and it has been held that a servant,
though actually chargeable, cannot be removed
without her master s consent during the contract of
Poor CRemovalJ 641
service. 2 Nolan, 142. but if a servant is well set-
tled in a parish, and the master become removable,
the former cannot be removed with him. 14 f^in,
Abr. 459.
Persons who reside on their own estate, however
acquired or whatever may be the value, are also ir-
removable, though actually chargeable. 5 E. R. 40.
A man's wife and family resident upon his or her
own estate, or on a tenement of the value of ^10.
a year, cannot be removed, though the husband re-
side in another parish. 2 Nolan, 143. Persons born
in extra-parochial places for which no overseers are
appointed, cannot be sent thither as to their place
of settlement; nor can the poor who reside there
be removed, the justices having no jurisdiction.
Ibid. A labourer employed by his master to drive
his cart into a parish with one load and to return
with another, and who broke his leg by accident,
which detained him for some time in such parish,
by which he was relieved, is to be considered as a
casual pauper, and as such not removable. 10 E. R,
25.
Though generally all persons are irremovable
until they become actually chargeable, yet the sta-
tute 35 Geo. III. c. 101, has the following excep-
tions: — 1st. persons convicted of larceny or other
felony; — 2nd. rogues, vagabonds, idle or disorderly
persons, and such as shall appear on the oath of one
or more credible witnesses to be persons of evil
fame or reputed thieves ;— 3rd. unmarried women
T T
642 Poor (Removal.^
with ehild, who shall on that account be deemed
.chargeable; and it extends to those who reside
under a certificate. 8 7\ R. 68. but if a single wo-
man is pregnant she is not removable, if a person of
substance; nor a servant maid though pregnant,
without her master's consent and her own. 3 E. R,
56*3. and 1 Nolan, 388. but if he dismiss her she is
then removable.
The removal of the unsettled and chargeable
poor is next to be considered, and they may be re-
moved— 1st. by an order under 13 and 14 Car. II.
c. 12. to the place of their last legal settlement; —
and 2nd. as vagrants, by a vagrant order or pass
warrant.
The order of removal is obtained on the com-
plaint of one of the parish officers; it may be
made before a single justice, and it need not be on
oath. The pauper should have notice of the com-
plaint, and if he will not attend voluntarily he
should be summoned to appear before two justices ;
the principal of the family should be examined, if
convenient, but it is not necessary that the evidence
as to settlement be conclusive; a fair presumption
from the best evidence that can be procured is suf-
ficient to warrant a removal, and it may be made
on the examination of the wife alone, though it does
not appear that the removing parish used due dili-
gence to find the husband. 2 Nolan, 182. If the
pauper refuses to attend on a summons, a warrant
may be granted ; the two justices should take the
Poor CRemovalJ 64S
examination in writing" and on oath, and in each
other's presence; but by 49 Geo. III. c. 124, s. 4,
this is dispensed with, if the pauper be sick or in-
firm, in which case one magistrate may take the ex-
amination, and report it to the next petty session,
when the magistrates there assembled may adjudge
the settlement, and make or suspend the order of
removal. If the pauper refuses to answer proper
interrogatories, he may be committed until he doei
answer. 1 T. R. 653.
The justices cannot remove more than one fa-
mily by one order. 2 Nolan, 185. and they cannot
make an order for removing the same parties while
an appeal is pending against a prior order. 2 A^o-
Ian, 187.
The order of removal should be under hand and
seal, dated and signed by two magistrates in
each other s presence, and directed to the proper
parish officers ; but in directing it there is no ne*
cessity to mention the tutelary Saint of the parish,
as an order directed " To the parish of Poole," in-
stead of " St. James's in Poole," was held good.
7 E. R. 466. It must state the authority of those
who make it, aud that it is on complaint of the pa-
rish officers; the justice's examination of the com-
plaint; di certain description of the persons remov-
ed; that they are chargeable; an adjudication as to
their settlement; and it must require the officers of
the complaining parish to remove, and those of the
parish in which the settlement is adjudged, to re-
T T 2
644 J^oor fRemoval.J
ceive and provide for the pauper. 2 AWan, 1 89. li
the paupers refuse to be reiiioved, a justice's war*
rant may be obtained to compel them; tlie person
entrusted to remove the paupers, should deliver
them with the original order to one of the parish
officers directed to receive them, who may be in-
dicted for disobedience, as the only remedy to get
rid of the order is by appeal. If the parish neglect
to appeal, the duplicate order should be lodged
with the clerk of the peace, as a conclusive record
of the settlement. 2 Nolan, 210. If no appeal,
it is conclusive that the settlement of the party is
in the parish to which the pauper is sent by the
order.
It is not necessary in an order removing a wife,
that it should state whether the place to which she
is removed, is her maiden settlement, or derived
from her husband; it is sufficient to say, that it is
her last legal settlement.
A married woman big with child, which will be
born a bastard, is removable, the husband being
abroad; but not if she is a person of sufficient pro-
perty, so as to raise a presumption that she is not
likely to be burthensome to the parish. Rex v, Tib-
benham. 48 Geo. III. — 9 E. R. 388.
In an order removing a woman with child of a
bastard, it is necessary to state that she is actually
chargeable ; to state that she is with child and un-
married is not sufficient, for though the act says,
" that persons so situated shall be deemed to be
Poor- CRemoval.J 645
actually charg-eable," yet this rule is to be under-
stood, Secundum subjectam mateinmn, and only
operates in the case of the party being chargeable
according to the spirit of the act, vh. likely to be-
come so from situation and rank in life. 11 ^. R.
381. An unmarried woman may be removed if with
child, though residing under a certificate. 8 T. R.
68. Though the master of an apprentice be re-
movable, the apprentice cannot be removed with
him. Sess. Ca. 211.
The examination of a pauper is not evidence
upon an appeal against an order, though the pauper
is not to be found, i E. R. 3/3. nor the examina-
tion of the paupers husband, he being dead. lE.R.
54. but by 56 Geo. III. c. 10, s. 70, two justices
may summon any non-commissioned officer or sol-
dier, having a wife or child, to be examined as to
his settlement, and such justices shall give an at-
tested copy of such affidavit, which copy shall be
evidence as to the settlement, before any justice, or
at the -essions.
If tlic pauper intended to be removed is incapable
by reason of sickness, the justices v/ho make the
order of removal may suspend it, by indorsement,
until the person is recovered, and no act done
during the suspension shall confer a fresh set-
tlement; the expenses proved by oath to have
been incurred in consequence of the suspension,
shall be paid by the parish to which the pauper is
removed; and if the parish officers refuse to pay
T T 3
646 Poor (Removal.^
within three days after demand, and shall not give
notice of appeal, one justice may issue a warrant and
levy the same by distress, with costs not exceeding
40s. 35 Geo. III. c. 101. but if the expenses exceed
^20. an appeal lies to the next sessions, s. 2,
Any other justice or justices than those who sus-
pended the order, may order it to be executed and
direct the charges to be paid, and the order of sus-
pension shall extend to all the persons named in
the order, though one only be incapacitated.
49 Geo. 111. c. 124,
If a pauper returns to the place he was removed
from, without a certificate, he may be committed
under the Vagrant Act. 17 Geo. II. c. 5. but it
seems settled that he must return in a state of va-
grancy; the warrant of commitment must define
the time for which he is committed, t-h. any time
not exceeding one month to hard labour. There is
great uncertainty as to what may be considered £t
state of vagrancy, and the paucity of legal decisions
on this point, renders it necessary for magistrates
to exercise the power given them by 13 and 14
Car. II. c. 12, and 17 Geo. II. c. 5, with great
caution.
Certificated persons may be removed on becom-
ing chargeable, and the parish to which they are
removed shall pay the reasonable charges of main^
taining and removing the paupers, to be allowed by
one or more justices. 3 Geo. II. c 29.
Vagrant poor cannot be moved by the usual
Poor (Removal.J 64/
order, but by a vagrant pass^ and they must be con-
victed of an act of vagrancy before they can be
passed to their settlements. A vagrant pass may
be signed by one justice, and as there is no adjudi-
cation of settlement, the parish to which the pauper
is removed, may by an order of removal send him
to his last legal settlement, if known, there being
no appeal allowed against a vagrant pass. 2 A^o-
Ian, 213, 14. A vagrant pass may be suspended on
account of the sickness of either of the persons in-
tended to be removed, in the same manner as an
order of removal. See " Vagrants.'^
The power of appeal against an order of removal
is given to all persons wiio think themselves ag-
grieved, therefore the pauper himself may appeal.
4 Burriy 707. It must be to the next sessions, and
to the general or quarter sessions of tlie county, &c.
wherein the parish, &c. from which the pauper shall
be removed doth lie. 13 and 14 Car. II. c. 12, s. 2.
3 and 4 //^ and M. c. 11, s. 10. and 8 and 9 [f^m.
c. 30. By the next sessions is meant the next pos-
sible sessions. 4 Burn,7l\. but tlie appeal should
be entered and adjourned, if only two days inter-
vene between the making the order and the next
sessions. 3 T. R. 504. Reasonable notice to be
given of appeal, and if the court should not think
the notice sufficient, it may adjourn the appeal.
9 Geo, c. 7, ^.8.
An order not appealed against, is final and con-
clusive upon the parish to which the paupers are re-
T T 4
648 Poor (Removal.^
moved, except the justices making the order want
jurisdiction; in that case the order is absolutely-
void, ab initio. 4 Burn, 719. 8 7'. B. 178. but it is
only conclusive as to those that are mentioned in
it and removed. 4 T. R. 353. An order of remo-
val may be abandoned without appealing. \2 E. R.
359. 4 Bzirn, 721.
If an order be appealed against and reversed,
two justices may remove the pauper back to the
parish from whence he was sent ; but if the order
is confirmed, it is conclusive that the appellant's
parish is the last legal settlement, and consequently
the pauper cannot be removed to any other parish
on any settlement gained previous to the former
removal; for an order reversed is only conclusive as
to the appellant parish, but if reversed merely
from defect in form, it is not conclusive on either
parish. 2 Bott. 702, ;?/. 818. 6 7". i?. 6'13.
Though it is usual for the justices to state a spe-
dal case upon request, yet they are not compelled
to do so. 2 Bott. 73s, pi. 887. By 8 and 9 JF.
c. 30, and 9 Geo. c.\, s. 9, reasonable costs and
maintenance may be allowed by the justices at the
sessions.
By 54 Geo. III. c. 170, ^.9, no inhabitant
rated or liable to be rated to any rates of any pa-
rish, &c. or holding any office therein, shall be an
• incompetent witness for or against such parish, &c.
in any matter relating to such rates, or touching
any order of removal, or in bastardy, &c. And by
Poor, 649
s, 10, any paupers ordered to be removed, may be
conveyed by any other persons than the church-
wardens or overseers.
Justices' fVarra)itfor returning Lists of Overseers.
To W. S. Gent. High Constable of tlie Hundred of ,
in the said county.
to wit. We, two of His Majesty's justices of tlie
peace for the said county, (one whereof is of the quorum) do
hereby require you forthwith, on receipt hereof, to issue your
warrant to all the petty constables within your said hundred, in
the form or to the effect following, [or as upon this ourwarrwat
is indorsed.']
Given under our hands and seals, the day of , I8I7.
J. C,
S. P,
High Constable's Warrant to Petty Constables .
To the Constable of ,
to wit. By virtue of a precept from two of His Ma-
jesty's justices of the peace in and for the said county (one
whereof is of the quorum), to me directed, you are hereby
required, immediately upon sight hereof, to give notice to all
and every the overseers of the poor within your constablcvvick,
that they make out a list in writing of a competent number of
substantial householders within their respccti'-e districts, and
deliver the same to the said justices and other His Ma-
jesty's justices of the peace for the said county, at in
in the said county, on tlie ■ day of , at the hour
of-- in the noon of the same day; to tlie end that out
of the said list the said justices may appoint other overseers of
the poor for the year then next ensuing. And be you then
there to certify what you shall have done in the premises.
Herein fail you not.
Given under my hand, the day of , in the year of
our Lord 181 7.
W. S. Fligh Constable.
650 Poor.
Jieturn of the Vestry to the M Churchwardens.
E F )
p' tt' > Overseers.
J. K. &c, Inhabitants.
Overseers' Appointment,
— — to wit. We, two of His Majesty's justices of the
peace in and for the county of (one whereof is of the
quorum), do hereby nominate and appoint A. B. and C. D.
being substantial householders of the parish \townsUp ox pre-
cinct] of in the said county, to be overseers of the poor of
the said parish \iownsUp or precinct], according to the direc-
tion of the statute in that case made and provided.
Given under our hands and seals, the day of , 181 7.
J. C.
S, P.
[This appointment must be signed, sealed and
delivered on the 25th of March, or within fourteen
days after, and it is usual to add to it an abstract
of the duties of overseers.]
%
Poor, 651
Form qf a Rate or Assessment for the Relief of the Poor.
An assessment for the necessary Relief of the poor, and for the
other purposes in the several acts of parliament relating
to the poor for the parish [township or precinct] of
in the county of , being the first [second or third,
as the case may he] rate of in the pound, for the
present year, 1817.
Rent. Occupier. Propertv Assessed. Rate.
jg'lOO A. B. 120 acres of land in South Field, ^5
50 C. D. Dwelling house and garden, .... 2 10
\ C D 4 ^^'^rchwardens.
Assessors, ^ p * p* '
f Q* jj' ?• Overseers.
Justices* allowance thereof.
We, two of His Majesty's justices of the peace in and for
the said county (one whereof is of the quorum), do consent
vnto and allow the foregoing assessment.
Witness our hands, the day of , 1817.
J. C.
s. p.
Notice of Appeal against a Poor's Rate,
To the Churchwardens and Overseers of the Poor of the parish
of in the county of „
Take Notice, That I, A. B. an inhabitant of, and
occupier of messuages, lands, tenements and hereditaments in
the parish of , do intend to enter and prosecute an appeal
at the next general quarter sessions of the peace, to be held at
■ in and for the said county of , on the day
of next, against a rate or assessment made by you, and
allowed by J. C. and S. P. Esquires, two of His Majesty's jus-
tices of the peace in and for the said county, being the lirst
652 Poor.
rate of in tlic pound upon the inhabitants of the said
parish of , for the relief of the poor of the said parish, for
the year 1817, ^"^^ which rate is dated the day of
last. And I do hereby further give you notice, that my objec-
tions to the said rate and my reasons for appealing therefrom
are, that I am by the said rate assessed for the rateable property
occupied by me in the said parish at a larger sum of money than
I ought to be assessed at in respect of the actual annual value
of the same: And that I am by the said rate assessed for the
rateable property which I occupy at a larger sum than I ought
to be, in comparison with the sums at which A. B. C. D. &c.
are respectively rated for the rateable property which tliey
respectively occupy in the said parisli: And for that the said
A. B. C. D. &c. are assessed at less sums respectively than they
ought to be assessed at for the rateable property which they
respectively occupy, both in respect of the actual annual value
thereof and in comparison with the sum at which I am assessed:
And for that you have left out and omitted in the said rate, the
names of E. F. and G, H. persons occupying rateable property
within the said parish, and have neglected to rate, charge and
assess them, to wit, the said E. F. for a messuage, tenement
or dwelling house, situate at within the said parish of
; and the said G, H. for a piece or parcel of land, situate
at in the said parish ; and for that the said rate is in other
respects unequal, unjust, defective and informal. Dated this
— d^yof ,1817.
A. B.
Notice ofjppeal to the Parties whose Names are omitted in the
RaiCy or whose Property is compared with Appellant's, by
Stat. 41 Geo. III. c. 23. ^' ' '' '
ToE.F.andG.H.
Take Notice, That I, A. B. an inhabitant and occu-
pier of &c. do intend to enter and prosecute an appeal at the
next general quarter sessions of the peace, to be held &c.
against a rate or assessment made by the churchwardens and
overseers of the poor of the said parish of , and allowed by
J. C. and S. P, Esquires, two of His Majesty's justices of the
peace &c. being the first rate of in the, pound upon the
Poor. 653
kibabitants of the Said parish of , for the relief of the poor
of the said parish, for the year 1817, and dated the day of
last; and I do hereby further give you notice, that my
objections to the said rate are, that the several names of you,
the said E. F. and G. H. being persons occupying rateable
property within the said parish are wholly omitted and left out
of the said rate, and that no part of the rateable property which
you and each of you severally and respectively occupy within
the said parish of is i-ated or assessed in the said rate or
assessment for the relief of the poor of the said parish. [Or,
state the other causes nf appeal as far as affects the party , as in
the notice.'] Dated the day of / 1817.
A. B.
Petition of Appeal against a Poor''s Rate.
To the worshipful His Majesty's Justices of the Peace for the
county of , in their General Quarter Session of the
Peace assembled.
The Petition and Appeal of A. B. an Inhabitant assessed to
the Poor's Rate of the parish of in the said county.
Sheweth,
That a rate or assessment was made on or about the
(lay of last past, and published or said to be pub-
lished in the church of the said parish on or about Sunday the
day of last, by the churchwardens and overseers of
the poor of the said parish of , for the relief of the poor of
the said parish, and for other the purposes therein mentioned,
by virtue whereof your petitioner and other inhabitants of the
said parisii are charged and assessed in divers large sums of
money for tiie purposes aforesaid.
That your petitioner is in and by the said rate as-
sessed for the rateable property occupied by him in the said
parish at a larger sum of money than he ought to be assessed
at in reject of the annual value of the same; and also that
your petitioner [stale the other causes of appeal as m the notice] .
That the names of E. F. and G. H. persons occu-
pying rateable property in the said parish are omitted in the
6S4 Poor.
said rate or assessment, and are not charged or assessed in the
said rate for two messuages, tenements or dwelling-houses
which they respectively occupy within the said parish of .
Your Petitioner therefore conceiving himself to
be aggrieved by the said rate or assessment, dotli hereby ap-
peal to your worships against the same, and requests that a
day may be appointed in this present session for the hearing
and determining the said appeal, and that you will thereupon
quash the said rate, or alter and amend the same in such man-
ner, and grant to your petitioner such relief in the premises, as
to you shall seem meet.
And your Petitioner will pray &c.
W. T. Solicitor for the Petitioner.
Order for hearing.
— — to wit. At flie general quarter sessions of the peace of
our Lord the King, holden in and for the county of
, at the sessions house for the said county, on
the day of , in the 57th year of the
reign of our Sovereign Lord George the Third, by the
grace of God of the united kingdom of Great Britain
and Ireland King, Defender of the Faith, and in the
year of our Lord 1817.
It is ordered by this court that the churchwardens and
overseers of the poor of the parish of in this county, have
notice of the within appeal, and that they and all persons con-
cerned do attend this court at the session house aforesaid, on
next, the day of instant, at the hour of nine in
the forenoon of the same day, to hear and abide the judgment
and determination of the said court touching the said appeal.
By the Court,
S .
Poor. 655
Jmtices* Precept to suynmon Defaulters to Poor's Rate.
To the Churchwardens and Overseers of the Poor of the parish
of in the county of , and to the Constables of the
said parish.
to wit. Whereas complaint hath been made unto us
whose hands and seals are hereunto set, two of His Majesty's
justices of the peace for the said county of , by the church-
wardens and overseers of the poor of the parish of afore-
said, that the several persons hereunder named, inhabitants of
the said parish, (being duly rated and assessed the several sums
of money to their respective names set, for and towards the
necessary relief of the poor of the said parish) have neglected
or refused to pay the said several sums, notwithstanding the
same have been duly and respectively demanded of them.
These are therefore to charge and command you, that you
or some of you, do forthwith summon and warn the said several
persons hereunder named, personally to be and appear before
us and other His Majesty's justices of the peace for the said
county, on the day of , at , by
o'clock in the noon, to shew cause why they refuse to pay
the said several sums so assessed on them, as aforesaid ; other-
wise warrants of distress for levying the same, as the law di-
rects, will be made out against them.
Given under our hands and seals, this day of , 1817^
J. C.
S. P.
Persons to be Summoned,
A. B. &c.
Summons on the above Precept.
To A. B. of the parish of in the said county.
to wit. By virtue of a warrant to me directed, under
the hands and seals of J. C. and S. P. Esquires, two of His
6o6 Poor,
Majesty's justices of the peace for the county of , I do
hereby summon you personally to be and appear before ■
and such of His Majesty's justices of the peace for the said
county as shall be assembled on the day of , at
r, by of the clock in the noon, to shew cause why
you refuse to pay the rate or assessment made for the relief of
the poor of the parish of for the year 1817, being the sum
of , otherwise a warrant of distress for levying the same
as the law directs will be made out against you. Dated this
day of , in the year of our Lord 1 81 7.
CD.
Common Poor's Rate Summons.
To A. B. of the parish of in the county of .
to wit. We whose names are hereunto set and seals
affixecj, two of His Majesty's justices of the peace in and for
the said county (one whereof is of the quorum), do hereby
summon you personally to appear before us at in the
said county, on the day of — : — , at the hour of
in the noon of the same day, to shew cause why
you refuse to pay the sum of , being the rate or assessment
made for the relief of the poor of the said parish, dated the
<}ay of , otherwise we shall proceed as if you had appeared.
Given under our hands and seals, this day of , in
the year of our Lord 1817.
J. C.
S. P.
i
Distress Warrant for the Rate.
To the Churchwardens and Overseers of the Poor of the parish
of In the county of .
to wit. Whereas In and by a rate and assessment
made, assessed, allowed and published according to the statute
in that case made and provided, A. B. an inhabitant and occu-
pier of a house [or land] in the said parish of was duly
rated and assessed for and towards the necessary relief of the
poor of the said parish, for the present year, the sum of
Poor. 657
And whereas It duly appeareth unto us, two of His Majesty's
justices of the peace in and for the said county (one whereof is
of the quorum), as well upon the oath of C. D. overseer of the
poor of the said parish, as otherwise, that the said sum hath
been lawfully demanded by him, but that the said A. B. hath
refused, and doth refuse to pay the same. And whereas, the
said A. B. having appeared before us in pursuance of our sum-
mons for that purpose, hath not shewn us any sufficient cause
why the same siiould not be paid [or, it hath been duly made
appear to 21s on the oath of C. D. that the said A. B. hath been
duly summoned to appear before us the said justices, to shew
tause lohy the same should not be paid, but he the said A. B.
hath neglected to appear in pursuance of such summons , nor
hath he shewn us any sufficient cause why the same sJmuM not
be paid] ; these are therefore to require you forthwith to make
distress of the goods and chattels of the said A. B. and if
within the space of days next after such distress by you
taken, the said sum of , together with the reasonable
charges of taking and keeping the said distress, shall not be
paid, that then you do sell the said goods and chattels so by
you distrained, and out of the money arising by the sale there-
of that you detain the said sum, and also the reasonable
charges of taking, keeping and selling the said distress, ren-
dering the overplus, on demand, unto the said A. B. And if
no such distress can be made, that then you certify the same
unto us, to the end that such further proceedings may be had
therein as to the law doth appertain.
Given under our hands and seals, this day of , m
the year of our Lord 181 7.
^ J. C.
S. l\
Indorsement on a Distress fVarrani, to be executed in another
County.
Forasmuch as proof upon oath hatli been made before me,
J. B. Esq. one of His Majesty's justices of the peace fur
the county of , that the names J. C. and S. i*. arc of
the respective hands writing of the justices of tlie peace
within mentior>cd, I do hereby authorise CD. who bring-
I' y
658 Poor.
cth to me this warrant, and all other persons to whom thfe
said warrant is directed, to execute the same within the
county of -.
Given under my hand and seal, the day of ^
J817.
J. B.
Complaint for Church Rate.
To J. C. and S. P. Esquires, two of His Majesty's Justices of
the Peace in and for the county of .
to wit. A. B. and C. D. churchwardens of the parish of
in the county of , make oath and say, That E. F. of
the said parish of hath refused, and still doth refuse to
pay to them the said A. B. and C. D. as such churchwardens
as aforesaid^ the sum of , being the sum duly rated and
assessed in the churchwardens' rate, made the day of
last, and which is now justly due from him the said E. F. unto
them the said A. B. and C. D. as such churchwardens as
aforesaid* The said complainants therefore pray such redress
in the premises as to the law doth appertain.
Exhibited before us, the
day of 1817.
[This complaint may be exhibited to one justice,
but it must be heard and determined by two or
more ; and one churchwarden may prefer it; if so,
the precedents must be altered accordingly.]
Summons thereon.
To the Constables and other His Majesty's Officers of the
Peace for the county of .
to wit. Whereas E. F. of the parish of in the
county of , , hath refused to pay unto A. B. and
C. D. churchwardens of the parish aforesaid, the sum of
f duly rated and assessed in the churchwardens' rate
Poo7\ 659
tnade the day of , in the year of our Lord
I8I7, which is now justly due from the said E. F. unto
the said A. B. and C. D. as such churchwardens as aforesaid. —
These are, therefore, to authorize and require you forthwith to
summon the said E. F. to appear before us, at in the said
county of , on the day of , at the hour of
eleven in the forenoon of the same day, to answer unto the said
complaint : And be you then there, to certify what you shall
have done in the premises.
Given under our hands and seals, at in the said county,
the day of , I8I7.
Order to pay.
to wit. Whereas complaint hath been made unto us
J. C. and S. P. Esquires, two of His Majesty's justices of the
peace in and for the said county, by A. B. and C. D. church-
wardens of the parish of in the said county, That E. F. of
— ■ — aforesdd, in the county aforesaid, hath refused to pay the
Siini of , duly rated and assessed in the churchwardens'
rate, made the day of — , in the year of our Lord 1817>
and justly due unto them the said A. B. and C. D. We there-
fore the said justices, being neither of us patrons of the parish
church of aforesaid, nor any way interested in any of the
fights, dues or other payments belonging to the parish cliurch
of aforesaid, having duly summoned the said E. F. before
us, and haviiig also duly examined the truth of the said coni-
plaint upon oath, do find that there is justly due the aforesaid
sum of from him the said E.F. to them tile said A. B. and
C. D. as such churchwardens as aforesaid ; and we do hereby
order and appoint the aforesaid E. F. to pay or cause to l)e paid
unto them the said A. B. and C. D. ot one of them, the aforesaid
sura of ; and we do also order and appoint tiie aforesaid
E. F. to pay or cause to be paid unto them tlie said A. B. and
C. D. or one of them, the further sum of , for their costs
and charges concerning the premises, as upontiie merits ot the
cause do appear to us just and reasonable.
Given under our hands and seals, at — -— in the said county,
the* day of , in the year 181 7*
U V 2
(j{)0 Poor,
Distress Warrant for Non-Paymcnf.
To the Constable of ■ .
to wit. Whereas upon the complaint of A. B. and
C. D. churchwardens of the parisli of in the said county,
E. F. of the parish of aforesaid in the county aforesaid,
hath been duly summoned to appear before us J. C. and S. P.
Esquires, two of His Majesty's justices of the peace in and for
the said county, to answer the said complaint for non-payment
of churchwardens' rate, due untotliem the said A. B. and C. D.
from him the said E. F. And whereas we the said justices have
hy a M riting under our hands and seals ordered him the said E.F.
to p^y unto them the said A. B. and C. D. or one of them, the
sum of = , duly rated and assessed in the churchwardens'
rate, made the day of , 1817? and justly due unto
them the said A. B. and C. D. as such churchwardens as
aforesaid, togetlier with the sum of ■ for the charges of
them the said A. B. and C. D. in recovering the same, making
in the whole the sum of . And whereas it appeareth ur>to
us the said J. C. and S. P. neither of us being patrons of the
parish church of aforesaid, nor any way interested in any
of the rights, dues or payments belonging to the parish church
of aforesaid, that the said E. F. hath had due notice of the
said order, but hath refused and doth refuse to pay, and hatii
not paid the said sum of , nor any part thereof. These
are therefore to autliorize and command you, that you do
forthwith levy the aforesaid sum of by distress and sale
of the goods and chattels of him the said E. F. and out of the
money arising from such sale, that you do pay or cause to be
paid unto the said A. B. and C. D. or one of them, the said
sum of , and thereout also deduct your necessary charges
of distraining; and if any overplus shall remain after such
payment and deduction as aforesaid^ that you do render the
same unto him the said E. F.
Given under our hands and seals, &c.
[Though the complaint must be heard by two jus-
tices, the summons and distress warrant may be
issued by one justice only.]
Poor, 661
Wanaiit to apprehend a Man for deserting his Family and
leaving them chargeable.
To all Constables and others His Majesty's Officers of the
Pjeace for the county of — — .
to wit. Forasmuch as A. B. one of the overseers of
the poor of the parish of — — in the said county, liath this day
made information and conjplaint upon oath, before me,
S. P. Esq. one of His Majesty's justices of the peace in and
for the said county, that E. F. late of — — =- in the said county,
yeoman, iiath run away and left In's wife and children, whereby
they are become chargeable to the said parish of , and
tliereby committed an act of vac^rancy. These are therefore to
command you, in His said Majesty's name, forthwith to ap-
prehend and bring before me the body of the said E. F. to an-
swer unto the said compbir.t, and to be further dealt with ac-
cording to law. Herein fail you not.
Given under my liand this day of , in the year of
our Lord 18 17.
S. P.
Conviction thereon. See " Vagrmitsr
Order to seize the Goods and receive the Rents of the J^nds
of Persom deserting their Families.
to wit. Wliereas it appears unto lis whose names are
hereunto set and seals afhxi'd, two of His Majesty's justices of
the peace for the said county, as well upon the comuhdnt and
application of the churchwardens and ovciseers of the poor ot
the parish of in the said county, that A. li. late of the
parish of aforesaid, yeoman, hath gone away from liis
place of abode at in the parish aforesaid, into some other
county or place, and hath left Sarah his wife, and VV illiam,
Sarah and Elizabeth, their children, chargeable to the said
parish of the place of their last legal settlement; and that
U u 3
662 Poor.
the said A. B. bath an estate situate at , consisting of
whereby to ease the said parish of the said charge in
whole or in part, we do hereby authorize and command you the
said churchwardens and overseers of the poor of the said parish
of to take and seize [describe the ■property] of his goods
and chattels, and to receive so much, viz. [name the sum] of
the annual rents and profits of the lands and tenements of him
the said A. B. at aforesaid [if the order is to receive the
rent of land.<{, say nniil further order made], for and towards
the discharging of the said parish, for the providing and bring-
ing up of his said wife and children. And with this warrant
you are to appear at the next quarter sessions of the peace to
be holden for the said county, that this order may be then and
there confirmed, according to the directions of the statute in
that case made and provided.
Given under our hands and seals, at in the said county,
the -^— day of , 1817.
J. C,
Notice from the Overseers of the Poor to the Father of a Poor
Person, of an intended application to the Sessions fur an
Order of Maintenance.
To Mr. A. B.
Take notice that the overseers of the poor of
the parish of in the county of , do intend to make
application to the next general quarter sessions of the peace, to
be holden in and for the county of — — , for an order of sessions
on you to pay such weekly sum for and towards the relief of
C. B. your son, a poor person of the said parish of r- and
unable to work, and now chargeable to the said parish, as the
said court of quarter sessions shall think fit. Dated the
day of , 1817.
E. F.
One of the Overseers of the Poor
of the Parish of *
Poor, 663
AJidavit of a Pauper requiring Relief.
A. B. of in the parish of in the
county of , maketli oath and saith, that he is very poor
and impotent, and incapable of providing for himself and fa-
mily; and that on the -^ — day of last he did apply for
relief to the parishioners of the said at a public vestry [or
meeting, or to E. F. and G. H. tico of the overseers of the poor
of the said parish], and was by them refused to be reiievcd.
A, B.
Sworn before me, the day
of ,1817.
S. P.
Precept to summGn Overseers for refusing Relief.
To the Constables of the parish of ■ in the county of .
to wit. Whereas A. B. of your parish, hath this day
made oath before me, one of His Majesty's justices of the
peace in and for the said county, that he is very poor and im-
potent, and not able to provide for liimsclf and his family, and
that he hath duly applied to the overseers of tiie poor of the said
parish to be relieved, but that they liave refused to relieve him ;
these are therefore to require you, in His Majesty's name, to
summon E. F. and G. H, two of the overseers of the poor of
the said parish to appear before me on the day of
, at in the said county, at the hour of in the
noon, to shew cause why relief should not be given to the
said poor person; and be you then therewith this precept to
certify what you shall have done in the execution thereof.
Given under my hand and seal, this day of , in
the year of our Lord 1817.
S. P.
UU4
664 Poor.
Order on Parish OJ/icers to Relieve, or to appear and shci^
Cause for refusing Relief to a Pauper.
To the Churchwardens and Overseers of the Poor of the parish
of in the county of — .
to wit. Whereas complaint hath been made unto me
upon oath, by A. B. that he is very poor and impotent, and ut-
terly unable to provide for himself and family, without the as-
sistance of your said parish, and that he hath applied to you for
such assistance, which you have refused to grant; these are
therefore, in His Majesty's name, to require you to grant to the
said A. B. the sum of weekly, until you shall be further
ordered; or to appear before me, on the -^ day of
, at in the said county, at ^ in the noon,
together with the said A. B. to shew cause why you refuse
so to do.
Given under my hand and seal, this — ^ — day of , in
the year of our Lord IBI7.
S. P.
Order to Relieve.
to wit. Whereas A. B. of the parish of In th^
said county, hath made oath before me S. P. Esq. one of His
Majesty's justices of the peace fur the said county, that he the
said A. B. is very poor and impotent, and incapable of main-
taining his family; and that he the said A. B. did duly apply to
the overseers of the poor of the said parish to be then relieved,
but was refused to be relieved by them. And whereas two of
the overseers of the poor of the said parish have been duly
summoned by me to shew cause why relief should not be given
to the said A. B. but have not shewn any sufficient cause; I
do therefore order the churchwardens and overseers of the poor
of the said parish, or such of them to whom these presents
shall come, to pay unto the said A. B. the sum of weekly
and every week, for and towards the support and maintenance
of himself and family, until they shall be otherwise ordered ac-
cording to law to forbear the said allowance.
Given under my hand and seal, this day of , in
the year of our Lord 181 7.
S. P.
Pgov, 665
Form of a Contract for the Maintenance of the Poor.
under 45 Geo. III. c. 54.
At a public meeting of the inhabitants of the
parish of in the county of , for that purpose as-
sembled, upon usual notice thereof first given, it is contracted
by and with the consent of the major part of the said inha-
bitants so assembled as aforesaid^ between A. B. and C. D,
churchwardens, and E. F. and G. H. overseers of the poor of
the said parish, of the one part, and J. K. of in the said
parish, yeoman, of the other part; that h/e the said J. K. shall
and will, during the space of one whole year, to commence
from next ensuing, at his own proper costs and charges,
in the house in whicii he now dwellcth, find, provide and allow
unto all such poor people as shall be lawfully entitled to relief
and maintenance from the said parish, and shall be brought
unto him by the churchwardens or overseers of the poor afore-
said, or any of them, or by their or any of their succ.isors for
Xhe time being, suflicicnt lodging, meat, drink, cloathing, em-
ployment and other things necessary for their keeping and
maintenance. And that in consideration thereof the said
churchwardens and overseers of the poor, and their successors
respectively, shall pay or cause to be paid to the said J. K. the
sum of ill equal quarterly proportions, [or as the case may
he]. The said J. K. to have moreover, and to take unto himself
the benefit of the said poor people's work, labour and service,
during the said term. In witness whereof the parties to these
presents have hereunto set their hands, this day of ,
181/.
Notice pf a Meeting respecting the Maintenance of the Poor,
under the provisions of 22 Geo. III. c. 83.
NoTiCK is hereby given, That a public meetIng,to consult
tlie owners or occupiers of lajidsj, tenements or hereditanicnts
assessed after .the ;ate of jf 5 per annum, or upwards, about
hiring, purcliasing or building [as the case may be] a house or
houses, and providing for the maintenance and employment of
the poor, pursuant' to the statute of the twenty-second year of
the reign of King George tJie Third, will be held at , the
. day of , 1817; at o'clock in the forcnoou.
GGG poor.
Form qf Agreement at such Meeting,
It is agreed, at a public meeting, duly holden this
<— — day of , at in the county of , pursuant to
the directions of an act made in the 22nd year of King
George HI. for the better relief and employment of the
poor, that the parish [or township] of shall henceforth
adopt in all respects the provisions, rules, orders and regula-
tions, and comply with a]i the requisites prescribed by the said
act, and that our workhouse [if there is one] shall be immedi-
ately fitted up and accommodated for the purposes mentioned in
the said act, or [if there is none] we will forthwith provide a
proper workhouse, either by erecting a new one, or hiring,
altering, and fitting up buildings suitable to the purpose, at
some convenient place within our parish &c. And we re-
commend to the consideration of the justices, A. B. and C. D.
as fit and proper persons for guardians of the poor, and E. F.
and G. H. as fit and proper persons for governors of the poor-
house for the said parish, &c.
Given under our hands and seals this • day of , 1 8 1 7.
Consent and approbation of the Justices.
VVe, J. C. and S. P. Esquires, two of His
Majesty's justices of the peace for the county &c. of ,
considering the parish or township &c. of within the
said county &c. to be of magnitude sufBcient to have a work-
house within it for the reception and employment of the
poor, and to adopt the provisions of the act passed in the
22nd year of the reign of King George the Third, (for the
better relief and employment of the poor), do hereby give
our approbation and consent thereto, pursuant to the di-
rections of the said act ; and we do also agree to the salaries
fixed by tlie said agreement to be paid to the guardian and
governor.
Given under our hands this day of , 1817.
^G01\ C6f
Form of the Appointment of a Guardian.
We, J. C. and S. P. two of His Majesty's
justices of the peace for the county of , acting for the
lumdred &c. of jn the said county, do hereby appoint E. F,
of to execute the office of guardian of the poor for the
parish &c. of within the si^id hundred &c. for one year, to
be computed from , to which he has been recommended at
a pubhc meeting hqlden the day of , pursuant to tlie
directions of the act passed In the 22nd year of the reign of
His Majesty King George tjie Third, for the better relief and
employment of thp poor.
Given under our hands, this — — day of — -, I8I7.
Agreement at a Public Meeting for tico o.r more Parishes to
Unite.
It is agreed, at a public meeting duly held this day
of , at in the county of , pursuant to the direc-
tions of the said act, that the parish [or township] of— , shall
from henceforth, in conjunction wltii the parishes or townships of
- — — and '. — r-T, adopt in all respects the provisions, rules, ordeis
and regulations, and comply with all the requisites prescribed
by the said act for parishes uniting for those purposes. And
that a convenient workhouse and other buildings and necessary
conveniences shall be immediately provided at or near ,
and properly fitted up and accommodated for the purposes
mentioned in the said act. And we recommend to the consi-
deration of the justices of the limit wijcrein such workhouse
■will be situate, A. B. C. D. and E. F, as fit and proper persons
qualified for guardians of the poor, and G. H. J. K. and L. \L
as fit persons to be governors of the poor-house, for the said
parish [or township], and do agree to allow the person who
shall be appointed guardian, a salary of per annum for
his trouble in executing that office; and to the j)erson wiiu
shall be appointed governor of the poor house, a salary of — —
for his trouble in executing that office.
Q6S I^oer,
Agreement for Uniting two or more Parishes.
It is agreed, this day of , by and
between the guardians of the poor of the parishes of and
, and of the townships of and in the county of
(which maintain their own poor separate and distinct
from tlie other parts of their respective parishes), whose names
are hereunto subscribed, pursuant to the opinion of two third
parts in number and value as aforesaid, of the owners or occu-
piers of hmds, tenements and hereditaments assessed to the
poors' rates within such respective parishes and townships, at
meetings duly held for that purpose, qualified according to tlie
directions of the act passed in the 22nd year of the reign of His
Majesty King George the Third, and with the approbation of
J. C. and S. P. two justices of the peace, according to the
directions of the said act; that the said respective parishes and
townships shall be united for the better maintaining and em-
ploying the poor, and that a convenient house or houses, with
proper buildings and accommodations thereto, and with land fit
for gardens, orchards, and the keeping of a cow or cows, shall be
built (purchased or hired, as shall be found most suitable), at
or near — — , for the reception and accommodation of the poor,
as soon as conveniently may be ; and if hired, the same shall
be rented upon such terms as shall be agreed upon between
the guardians of the poor of tlie said several parishes and town-
ships, or the major part of them, and the person or persons
owning or being authorized to let such buildings, lands and
premises; but no such agreement shall be made for a longer
term than twenty-one years, unless the guardian or guardians
shall have an option to vacate it at the end of that term, on
giving twelve months notice in writing of his or their intention
so to do, nor for a shorter term than three years; and such
houses shall be fitted up and made convenient for the purposes
aforesaid, at the expense of the landlords (or tenants, as shall be
agreed between them), that the rents of the said houses, the
expenses of fitting up, making additions and alterations (where
they shall be agreed to be paid by the tenants) and of the fur-
niture thereof, and also the utensils and materials to be used fur
Poor, Q(]9
Itie purpose of employing the poor; and the wa^es and allow-
ances to be paid to the governor of the houSe shall be paid by
the said several guardians in their due proportions, according to'
the amount of the money raised by the poors' rates for their
several parishes and townships in respect of their poor, on a
medium of three years preceding such agreement; and that
such proportions shall be ascertained by and whom
we have nominated for that purpose, and shall be paid by the
guardians of the poor of the said respective parishes and town-
ships, to the person who shall be authorized to receive the
same, within seven days after the same sliall be so ascertained;
and the money earned by the labour of such poor shall be
brought to the credit of that account at the end of every year;
that the expenses of victuals, beer and firing for the poor and
the governor (and for the assistants, when any shall be found
necessary) in every such house or houses, with all other small
incidental expenses, shall be proportioned at the end of every
month, according to the number of poor wliich shall be sent
from each of the said respective parishes, townships and places
and for the time they shall have resided there within such
month ; that the guardians of the poor of any of the said pa-
rishes, townships or places, shall be at liberty to withdraw from
this agreement at the end of the first three years or any suc-
ceeding three years, on giving twelve months' notice of such
their intention, if it shallbe so determined by three fourth parts
of the owners or occupiers of lands, tenements or heredita-
ments assessed to the poors' rates and (tualified as aforesaid,-
specifying the occasion of such meeting; and in such case
they shall receive one half of their due proporti(m, to be ascer-
tained by the persons above named or such other persons as
the parties shall agree upon for that purpose, of the value »)f
the furniture, stock, utensils and implements then remaining at
such poor house, after paying their proportion of the rent and
of the salaries to the governor and other ofhccrs to the end of
the then growing year. And that the guardians of the poor of
each parish, township and place, shall provide suitable and
convenient cloathing for the poor, to be sent to the said house
or houses from their respective parishes, townships or j)laces,
and charge the expenses thereof in their accounts. And we
recommend to the justices of the limit where such house is to
l>c situated, A. B. C. D. and E. F. as persons duly qualifnui
for the olhce ufvi.;itors of the said poor-house^ and J. K. L. M.
6/0 Poor.
and N. O. as persons duly qualified for the office of governors of
the said poor-house.
We, J. C. and S. P. the justices of peace mentioned in
the within-written agreement, do hereby give our ap-
probation to the uniting of the parishes and places herein
tiamed, for the purposes of the act within mentioned*
Witness our hands, &c»
£htry to be made by the Cleric of the Peace.
Be it r£xMEMBEred, That on the — — day of
■^ , A. B. deposited in my hands a copy of the agreement
made between the churchwardens and overseers of the poor of
the parishes or townships of and ■ in the county of
, for uniting in hiring, purchasing or building houses at or
near in the said county &c. and providing for the main-
tenance and employment of a certain description of poor per-
sons belonging to the said parishes, townships and places, pur-
suant to the statute made in the twenty-second year Of the
feign of His Majesty King George the Third,
Form of a Draft by the Guardian i
To C. D. Collector of the Poors' Rate of the Parish of-
You are hereby authorized and directed to pay foi
E. F. the sum of ^^ for [describe the occasion of the pay-
ment, ichether for rent, cloathing or weeMy relief], and take his
receipt for the same, which will be your discharge for such
payment. Dated, &c.
G. H. Governor of the Poor
of the Parish of .
Appointment of a Deputy Visitor,
I, A. B. visitor of the poor and poor-house for the
parish, township, &c. of — [or, for the tmited parishes, town-
ships, ^T. of and ] in the county of , do hereby
nominate and appoint C. D. to be my deputy visitor and as-
Poor. , 671
sistant during my will and pleasure, pursuant to the power
given to me by an act passed in the twenty-second year of the
reign of His Majesty King George the Third, intituled *'An
Act for the better Relief and Employment of the Poor," and
authorize him to discharge the duty required of him by the said
act. Witness my hand, the day of , I8I7.
Certificate of serving the Office of Visitor.
I, S. P. one of His Majesty's justices of the
peace for the county of , do hereby certify that C. D. of
' in the said county, hath been appointed to and is now
serving the office of visitor of the poor oi the parish [or tov:n-
ship] of , [or parishes or townships] in the said county,
pursuant to the directions of an act passed in the 22nd year of
the reign of His Majesty King George the Third. Dated this
^ day of , I8I7.
S. P.
Security for Money Borrowed,
under the act 22 Geo. III. c, 83.
By virtue of an act made in the 22nd year of the
feign of His Majesty King George the Third, intituled '^ An
Act for tbe better Relief and Employment of the Poor," We,
A. B. visitor^ and C. D. guardian of the Poor of the parish [or
township, as t lie case shall be] of In the county [city, S^-c]
of , In consideration of the sum of ^ to us In hand
paid by for the purpose of purchasing, building, erecting,
repairing, fitting up or furnishing, &c. [as the case shall be] a
convenient house, buildings and offices, for the reception, ac-
commodation and employment of the poof of the said parish or
township, and for providing suitable stock and utensils for that
purpose, do hereby charge the poors' rates to l>e hereafter made,
and the several sums of money to be raised thereupon within
the said parish [or townsJilp, as the case shall be], with the
payment of the said principal sum and interest, after the rate
of per centum per annum, half yearly, as the same shall
becom^e due.
672 Poor.
Transfe'r of the Security for Money Borrowed.
I do transfer this securit}', with all my riglit arid
title to the principal money hereby secured, and to all interest
now due or hereafter to be due, unto A. B. liis executors, ad-
miuistrators and assigns. Dated the ■ day of •, 1817.
CD.
Rules, Orders, Bye-Laws and Regulations to he observed and
enforced at every Poor-House to he provided under the au-
thority of 22 Geo. Ill, c. 83, hut which may be adopted by
other Parishes, by 49 Geo. III. c. 124.
First. That the several persons Avho shall be sent to
any such poor-house, who are capable of doing any work, shall
be employed by the governor in some labour which riray be best
suited to their strength and capacity.
Second. That the governor shall take particulat care
to keep the said house and the several apartments therein, and
also the several persons who shall inhabit the same, clean and
wholesome; and for that purpose he shall employ such of the
said poor persons who shall be sent thither, whom lie shall
think most able and best qualified for the offices, to assist him
therein, and also in the providing and dressing victuals for the
use of such poor persons; and if any such poor person shall
refuse or neglect to peribrm the work or labour in vvhich he
tr she shall be employed or shall be directed to do by the
governor, every such person shall be punished by confinement
or alteration of diet, in such manner as the governor shall
direct; and for a second offence of the like sort, complaint
thereof shall be made to some justices of the peace fur the
limit, who, on conviction, shall commit such person to the
house of correction for any time not exceeding two calendar
months nor less than one calendar month.
Third. That the apartments in the house or houses
to be provided as aforesaid, shall be adapted so as to accommo-
date the poor who shall be sent thither in the best manner they
are capable. That the governor shall place in the best apart-
Poor, 673
nients such poor persons wlio, having been creditable house-
keepers^ are reduced by misfortune, in preference to those who
are become poor by vice and idleness; and that separate apart-
ments shall be provided for the reception of the sick and dis-
tempered poor, and an apothecary or surgeon be sent for to
attend them, when there shall appear necessity for it, at the ex-
pense of the parish or place to which such poor persons belong.
Fourth. That such poor persons who are liable to work,
sliall be called up by ring of bell, and set to work by six in the
morning from Lady-day to Michaelmas, and by eight from
Michaelmas to Lady-day, and continue till four in the after-
noon from Michaelmas to Lady-day, and from Lady-day to
Michaelmas till six in the afternoon (meal times and times for
reasonable recreation excepted) ; and if any such poor person
should refuse or neglect to do such work as shall be allotted
him or her, or wilfully spoil the same, or depart from such
house without leave from the governor, or shall be guilty of
any disorder or disobedience to these rules and orders, the
governor shall reprove such person for the same, and punish
him or her by confinement or alteration of diet as the said
governor shall tiiink fit; and if such person shall be guilty of
the like offence a second time, the governor shall complain
thereof to the visitor of such house, who is hereby authorized
to order the punishment of confinement to be increased to
such degree as he shall think fit.
Fifth. That the governor shall enter in a hook to be
kept by him, an account of the household goods, linen, fur-
niture and utensils provided for the said house; and also an
account of the materials bought for manufacture, and of the
goods manufactured there, which shall be laid before the guar-
dians at their monthly meeting, and before the visitor when-
ever he comes to such house.
Sixth. That the governor shall visit the several per-
sons maintained in such house or houses, and their apartments,
once at least in every day, and shall take care that there is no
waste of fire, candles or provisions, and shall see that the fires
and candles are put out at the hours fixed for such persons go-
ing to bed, which shall be at eight of the clock between
Michaelmas and Lady-day, and nine between Lady-day and
Michaelmas.
Seventh. That when any person shall die in the
house, the governor shall take care that the body of such per-
X X
674 Poor,
son be immediately removed into some separate apartment, andi
be decently buried as soon as conveniently may be; and also
take care of the cloaths and goods of such person, and deliver
them to the guardian of the poor of the parish or place to which
such person did belong, who is to pay the charges of the fu-
Dcral of such poor person.
Eighth. That no poor person be permitted to go out
of the poor-house, nor any person be permitted to come into
such house or houses, except the persons maintained or em-
ployed there, without the permission of the governor; and that
no spirituous liquors be permitted to be drank in such house or
houses; and that no other liquor shall be brought thither,
without permission of the said governor.
Ninth. That the rules and bye-laws shall be publicly
read by tiie governor to all the poor persons kept in such house
or houses, once at least in every month.
'J'jiNTH. That all the poor persons able to go to church
shall attend Divine Service every Sunday.
Eleventh. That the governor shall dismiss from the
poor-house or workhouse every person who shall, in the opi-
uion of the guardian or guardians, be thought improper to
continue longer there, and upon an order from him or them
for that purpose.
Summons to Overseers to verify and pass their Accounts.
To A. B. and C. D. late Overseers of the Poor of the parish of
in the county of , for the year 181 7.
— ' — to wit. We, whose hands and seals are hereunto set,
two of His Majesty's justices of the peace for the said county
(one whereof is of the quorum), inhabiting in or near the said
parish of , do (in pursuance of the several statutes made
for the relief of the poor, and for obliging the overseers to pass
their accounts,) will and require you forthwith, on sight hereof,
to make up and perfect your accounts in writing, of all sums
of money by you received and disbursed in the execution of
your said offices, for and towards the relief and maintenance of
the poor of the said parish for the said year, and being so per-
fected that you bring the same to us the said justices, at ■■■■ -,
Poor. 6J5
on the day of , at o'clock in the noon
of the same day, and verify the same on oath ; and that in the
mean time you present your said account to the inhabitants of
your said parish hereunder named, whom, or any three of
whom we desire to meet together and examine the said ac-
counts, and report their opinions thereof to us, in writing, at
the time and place aforesaid. Hereof fail not.
Given under our hands and seals, the — — day of , in
the year of our Lord 1817.
J. C.
s. p.
Allowance of Overseers' Accounts.
to wit. Perused, inspected and allowed (having been
first signed and verified on oath, by L. M. and N. O. overseers
of the poor) by me S. P. one of His Majesty's justices of the
peace in and for the said county of , the day of ,
1817.
S. P.
A Parochial Certificate.
To the Churchwardens and Overseers of the Poor of the parish
of in the county of .
to wit. We, the present churchwardens and over-
seers of the poor of the parish of in the county of
do, in behalf of ourselves and the inhabitants of the said parish,
certify you 4he churchwardens and overseers of the poor and the
rest of the inhabitants of the parish of in the county of
, that A. B. yeoman, is an inhabitant legally settled in our
said parish of aforesaid; therefore if he shall think it
expedient to sojourn in your said parish of for the con-
venience of his business, and shall there become chargeable,
we do hereby promise to receive him, his wife and children,
and provide for them as our poor, according to the direction of
the law, unless he or they shall obtain a legal settlement with
X X 2
67(5 Poor.
you or elsewhere. In witness whereof we have set our hands
And seals, this -day of — ' — , in the year of our Lord 181 7.
F f' I Churchwardens,
I. kJ^
verseers.
Signed, sealed, and delivered by the
Churchwardens and Overseers of
the Poor of the Parish of
albregaid, in the presence of us,
O. P.
R. S.
To the Churchwardens and Overseers of the Poor of the parish
of in the county of .
We, two of His Majesty's justices of the peace fof
the county aforesaid, do allow of this certificate ; and do certify,
that O. P. one of the witnesses, did make oath before us, that
he saw the churchwardens and overseers whose names and
seals are thereunto set, severally sign and seal the said certi-
ficate ; and that the names of the two witnesses are of their
own hand writing.
Given under our hands, this day of , 1817.
J. C.
S. P.
Another Form.
to wit. We, the major part of the churchwardens and
overseers of the poor of the parish of in the said county,
whose names are hereunto set and seals affixed, do hereby cer-
tify, own and acknowledge A. B. yeoman, to be ai> inhabitant
legally settled in the said parish of . In witness whereof
we have hereunto set our hands and seals, the — — day of ,
in the year of our Lord, 1 81 7. CD.
E. F.
G. H.
Attested by us, two credible witnesses-,
J. K.
L.M,
Poor^ $77
to wit. We whose names are hereunto subscribed, two
of His Majesty's justices of the peace in and for the said county
of , do allow of the above written certificate. And we do
also certify that J. K. one of the witnesses who attested the ex-
ecution of the said certificate, hath this day made oath before
us the said justices, that he did see the churchwardens and
overseers of the poor whose names and seals are thereunto
subscribed and set, severally sign and seal the same; and that
the names of the said J. K. and L. M. who are witnesses at-
testing the execution of the said certificate, are respectively of
their own proper hand writing.
Given under our hands this day of , in the year of
our Lord I8I7.
J. C.
S. P.
Warrant of one Justice for Paupers to be examined as to their
Settlements.
To all Constables and others His Majesty's Officers of the
Peace whom these may concern.
to wit. Wliereas complaint hath been made before
me, by the churchwardens and overseers of the poor of the
parish of in the said county, that the several persons
whose names are hereunder written, have lately intruded and
come into tiie said parish, not having gained any legal settle-
ment therein, nor produced any certificate owning tliem to be
settled elsewhere, and are likely to become chargeable to the
said parish unless timely prevented. These are therefore in
His Majesty's name to require you to summon the said several
persons to be and appear before such of His Majesty's justices
of the peace of the said county as shall be assembled at
in the said county, on the day of , to be exa-
mined concerning the place of their last legal settlement. —
Herein fail not.
Given under my hand and seal the day of , 1817.
S. P
Names of the Persons to be Summoned.
A. B. &c,
X x3
678 Poor,
Another Form for one Pauper, by two Justices.
— — to wit. Whereas complaint hath been made before
us, two of His Majesty's justices of the peace in and for the
said county (and one of us of the quorum) , by the church-
wardens and overseers of the poor of the parish of in the
said county, that A. B. yeoman, hath come to inhabit in the
said parish, not having gained any legal settlement therein, nor
produced any certificate owning himself to be settled elsewhere,
and that he is become chargeable to the said parish of .
These are therefore to require you to bring the said A. B. be-
fore us, at in the said county, on the day of
, at the hour of in the noon of the same day, to
be examined concerning the place of his last legal settlement,
and to be further dealt with according to law.
Given under our hands and seals this day of , in
the year of our Lord 18 17. J- ^«
S. P.
Summons to the Parish Oncers of the Place where Pauper is
intended to be removed, to shew cause against the Jdjudi'
cation.
To the Churchwardens and Overseers of the Poor of the parish
of in the county of , and to every of them.
to v.it. This is to summon you or some of you, to
appear (if you shall so think proper) before us, and such other
His Majesty's justices of the peace for the said county as shall
be present at in the said county, on the day of
, at the hour of in the noon, to shew cause why
A. B. late of , who hath come to inhabit in the parish of
in the said county, not having gained a legal settlement
therein, and hath become chargeable to the said parish of
, should not be removed therefrom to your said parish of
' as the place of his last legal settlement.
Given under our hands and seals this day of , in
the year of our Lord I8I7. J. C.
S. P.
[The foregoing- summons is not necessary, but is
recommended in cases where the settlement is
doubtful, to avoid the expense of appealing.]
Poor, 679
Form of the Examination of a Pauper where the Settlement is
by Birth.
to wit. The examination of A. B. at present residing
in the parish of in the said county, labourer, touching the
place of his last legal settlement, taken upon oath before us,
two of His Majesty's justices of the peace in and for the said
county, the day of , 1817:
Who upon his oath saith, That he is about years of
age, and was born, as he has been informed and verily believes,
in the parish of in the county of , where his father
and mother were settled inhabitants, and that his father gained
a settlement in the said parish of ■ by renting and occu-
pying a dwelling house of one C. D. in the said parish of ,
of the yearly rent of .5^20. [or as the case may be]. And this
examinant saith, that he hath never, to the oest of his know-
ledge and belief, done any act whereby to gain a settlement in
liis own right. And that on or about the day of ,
■1810, he was lawfully married to Sarali his present wife, in the
parish church of in the county of , by whom he hath
three children, namely, Sarah aged years, Mary aged
years, and William aged months or thereabouts; and that
he is become actually chargeable to the said parish of •
A. B.
Taken and sworn before us, the day
and year first above written.
J. C,
S. P.
The like by Hiring and Service.
to wit. The examination of C. D. at present re*
siding in the parish of in the said county, labourer,
touching the place of his last legal settlement, taken upon
oath before us, two of His Majesty's justices of the peace in
and for the said county, the day of , 1817 ;
Who upon his oath saith, That about three years ago he
hired himself to one E. F. of the parish of in the county
of , farmer, to serve him in husbandry for one year, at
the wages of ■ , and tliat he served his said master undw
XX4
680 Poot\
»
that hiring one full year, in the said parish of , and re-
ceived a full year's wages; since which time, he, this exa-
minant, hath not, to the best of his knowledge and belief, done
anv act whereby to gain a subsequent settlement; and that
about two years ago he was lawfully married to Mary, his
present wife, in the parish church of in the county of
, by whom he has one child, namely, George, aged twelve
months; and that he has become actually chargeable to the
said parish of .
C. D.
Taken and sworn before us, the day
and year first above written.
J. C.
S. P.
[It would occupy too much space to insert pre-
cedents of examinations for every species of settle-
ment; the foregoing, as they are most common, will
serve, with the necessary variations, for any other.]
Order of Removal.
To the Cliurchwardens and Overseers of the Poor of the parish
of in the county of , and to the Churchvv-ardens
and Overseers of the Poor of the parish of in the
county of , and to each and every of them.
to wit. Whereas complaint hath been made unto us
whose names are hereunto set and seals affixed, being two of
His Majesty's justices of the peace in and for the county of
aforesaid (one whereof being of the quorum), by the
churchwardens and overseers of the poor of the said parish of
, that A. B. and C, B. his wife, William, their son, aged
years, and Sarah, their daughter, aged • years, have
come to inhabit in the said parish of not having gained a
legal settlement there, nor produced any certificate owning
them or any of them to be settled elsewhere ; and that the said
A. B. and C. B. his wife, and William and Sarah their children,
are now actually chargeable to the said parish of . We,
Poor, 681
the said justices, upon due proof made thereof, as well upon
the examination of the said A. B. upon oath, as other circum-
stances, do adjudge the same to be true ; and do also adjudge
the place of the legal settlement of the said A. B. and C. B. his
wife, and William and Sarah, their children, to he in the
parish of in the county of .
These are, therefore, in His Majesty's name, to require you
the said churchwardens and overseers of the poor of the said
parish of — — , or some or one of you, on sight hereof, to re-
move and convey the said A. B. and C. B. his wife, and their
said two children, from and out of your said parish of to
the said parish of , and them deliver unto the church-
wardens and overseers of the poor there, or to some or one of
them, together with this our order, or a true copy hereof, {sX
the same time shewing to them the original,) who are hereby
required to receive and provide for them according to law.
Given under our hands arid seals, the day of ^ in
the year of our Lord 181 7.
J. C.
s. P,
[If the pauper is removed as a rogue and vao^a-
bond, or as an unmarried woman with child, say,
instead of the words " charg:eable to the said pa-
rish of :"]
That the said A. B. (the pauper) hath been convicted of larceny
or other felony ; or, is a rogue, vagabond, &c. or, that the said
A. B. is an unmariied woman, and is with child, and is actu-
ally chargeable to the said parish, &.G.
Suspension of an Order of Removal, to be indorsed thereon.
Whereas it appears unto us, J. C. and S. P. Esquires^
the justices within-mentioned, that the within- named A. B. is
at present unable to travel, by reason of sickness and infirmity
of body, we, the said justices, do therefore, in pursuance of the
statute in that behalf made and provided, hereby suspend the
execution of the within- written order of removal; and you the
churchwardens and overseers of the poor of the parish of ,
082 Poor.
are hereby commanded to desist from conveying the within-
named A. B. and his family from and out of yom* said parish of
, until you shall make it appear unto us, the said justices,
that the said A. B. hath recovered from his said illness, and
may without danger be conveyed from the said parish of
to the said parish of as within directed.
Given under our hands, this day of , &c.
Subsequent Authority to execute the Order.
Whereas it duly appears unto us, J. C. and
S. P. Esquires, two of His Majesty's justices of the peace for
the said county of — — :, that the above-named A.B. is wholly
recovered from the sickness and infirmity of body under which
he lately laboured; and that he may therefore now be conveyed
from the within-mentioned parish of to the within-men-
tioned parish of — without danger. These are therefore to
authorize and require you the churchwardens and overseers of
the said parish of , forthwith to convey the said A.B. from
and out of your said parish of to the said parish of ,
and him to deliver to the churchwardens and overseers of the
poor, as you are within directed to do.
Given under our hands, this day of , &c.
Order for reimbursement of Expenses incurred.
Whereas it hath been proved on oath before us,
iustices whose names are hereunto subscribed and set, and who
signed the within-written order of removal, that the charges in-
curred by the suspension of the said order of removal, amount
to the sum of , and which charges appear to us to be fair
and reasonable: Now we the said justices do, in pursuance of
the statute in that case made, hereby order and direct the
churchwardens and overseers of the poor of the parish of
in the county of , to which the within-named pauper is
[or was] to he removed, to pay the said charges to the church-
wardens and overseers of the poor of the said parish, or to such
of them as shall demand the same.
Witness our hands and seals, this day of — ■ — , in the
year of our Lord 181 7-
[If the pauper (lies during- the suspension, then
say, after the word " reasonable :"J
Foor. 683
And whereas it Is duly proved to us, upon oath, that
the said A. B. the pauper above-mentioned is dead, and tliat
the sum of hath been incurred by the suspension of the
Vv'ithin order of removal .
Order to reimhurse Maintenance of a Bastard during its cori'
tinuance iciih its Mother for Nurture.
Whereas it hath been made appear to us the
within-named justices, that the illegitimate child within des-
cribed is within the age of nurture, viz. of the age of two years,
and that the mother is unwilling and doth refuse to part with
the said child: Now we, the justices aforesaid, do hereby order
and direct you the churchwardens and overseers of the poor of
the within parish of to pay to or reimburse the church-
wardens and overseers of the within parish of the weekly
sum of , for and towards the sustentation and maintenance
of the said illegitimate child, from the day of the date of this
order, so long as the said child shall remain with his [or herl
^aid mother, and be chargeable to the within parish of .
As witness our liands and seajs^ this day of ^ 18 1 7.
J. C.
S. P.
Summo)is to the Pauper to sheiv Cause against his Removal.
To A. B, of the parish of in the county of .
to wit. This is to summon you to appear (if you shall
so think proper) before us and such other f4is Majesty's jus-
tices of the peace for the said county as shall be present at
in the said county, on the day of , at the
hour of in the noon of the same day, to shew cause
•why you the said A. B. who have come to inhabit in the parish
of witiiout having gained a legal settlement therein, or
producing a certificate acknowledging yourself to he settled
elsewhere, should not be removed from the parish of ia
684 Poor,
tlie said county, to your said parish of ■ • ■ , as the place of
your last legal settlement.
Given under our hands and seals, this — — day of , in the
year of our Lord 181 7.
^ J. C.
S. P.
[This summons, though seldom issued, is advise-
able in case the pauper himself is not examined as
to his settlement; if he is examined, it appears un-
necessary, as the order is usually made at the time
of taking the examination.]
jSlotice of Jppeal against an Order of Removal.
To the Churchwardens and Overseers of the Poor of the parisTi
of in the county of .
This is to give you and every of you notice, that we
the churchwardens and overseers of the poor of the parish of
in the county of , do intend at the next quarter ses-
sions of the peace, to be holden for the said county of , to
commence and prosecute an appeal against a certain order o.
J. C. and S. P. Esquires, two of His Majesty's justices of the
peace in and for the said county of , for and concerning the
removal of A. B. and S. his wife, and their three children, ihz.
E. aged years, W. aged years, and T. aged
months, to our said parish of . [It is sometimes necessary
to have the poqr's rate book produced to the court; if so, after
the words " parish of " add] And we hereby further
glv€ you notice to produce at the hearing of the said appeal, at
the time aforesaid, all and every the rate book or books be-
ionging to the said parish of , wherein are entered and
kept the rates paid or payable for the year 1815, up to and in-
cluding the year 1817, and all other papers and writings relating
to or concerning the said rates during the above years or any of
them.
[If the time is too short to hear the appeal at
Poor, 68 a
the sessions, it is customary to move an adjourn-
ment and to give notice of such intention, which
may be added to the foregoing notice.]
And further take notice that, at the said quarter sessions of
the peace, the court will be moved that the benefit of the said
appeal shall be saved, and that the hearing and determining
thereof be adjourned until the next general quarter sessions of
the peace, to be held and kept in and for the said county.
VVitness our hands, this day of , 1817.
r D* [ Churchwardens.
E. F.l^
erseers.
Notice of the Entry and Adjournment of Appeal.
The Churchwardens and Overseers of the Poor of the parish
of — — AppellmitSj
and
The Churchwardens and Overseers of the Poor of the parish
of Respondents.
Gentlemen,
You are requested to take notice that an appeal
against an order of removal of A. B. from the parish of
aforesaid, to the said parish of , under the hands and seals
of J. C. and S. P. Esquires, two of His Majesty's justices of the
peace in and for the said county of , hath been entered at
the present general [or general quartcr'\ sessions of the peace
for the county of , and that by an order of the same ses-
sions, the said appeal stands adjourned to the next general
quarter sessions of the peace for the said county.
Dated this day of , 1817.
Your's &c.
W. T. Attorney for Appellants.
To the Churchwardens and
Overseers of the Poor of
the parish of .
68(5 Poo7'.
Petition of Appeal.
To the Worshipful His Majesty's Justices of the Peace in and
for the county of , in their General Quarter Sessions
of the Peace assembled |
Sheweth,
That by virtue of an order or pass warrant,
under the hands and seals of J. C. and S. P. Esquires, two of
His Majesty's justices of the peace in and for the said county
of f, bearing date &c. E. and her four children, named &c.
{^follow the words of the order] were removed from the parish
of in the said county of , to the parish of in the
county aforesaid, alledging the said parish of to be the
place of the legal settlement of the said E. and her said children.
That your petitioners conceive themselves to be
aggrieved by the said order or pass warrant, and do appeal to
your worships therefrom.
Your petitioners therefore humbly pray that
your worships will be pleased to hear them in the premises,
and to order that the churchwardens and overseers of the poor
of the said parish of may appear before your worships at
a certain day to be appointed for that purpose, to hear and
abide by your judgment and determination touching the said
appeal.
And your petitioners will ever pray &c.
A. B. ) Churchwardens of the
CD.) said parish of ,
P* tt' [ Overseers of &c.
Order for hearing.
...^^ to wit. At the general quarter sessions of th6 peace of
our Lord the King, holden in and for the county of
, at the session house for the said county, on
the day of , in the 57th year &c.
It Is ordered that the churchwardens and
overseers of the poor of the parish of — have notice of the
Poof. 687
>vlthm appeal, and that they and all persons concefned do at"
tend the court at the session house aforesaid, on next,
the day of instant, at nine of the clock in the fore-
noon, to hear and abide the judgment and determination of the
said court touching the said appeal.
Notice to produce Pauper.
The Churchwardens &c. Appellants,
and
The Churchwardens &c. Respondents,
Gentlemen,
I do hereby give you notice to produce the
pauper E. at the hearing of the appeal, that he may be exa-
mined by the court touching his settlement. Dated the —
day of , I8I7.
A. B.
Solicitor for the Respondents,
To the Churchwardens &c.
Otder on Appeal allowed by consent
to wit. At the general session of the peace of our Lord
the King, holden in and for the county of , at the
Session-house for the said county, on the
day of , in the 57th year of the reign of our so-
vereign Lord George the Third, by the grace of God of
the united kingdom of Great Britain and Ireland King,
Defender of the Faith, before A. B. C. D. &c. Esquires,
and others their fellows, justices of our said Lord the
King, assigned to keep the peace in the county afore-
said, and also to hear and determine divers felonies,
trespasses, and other misdemeanors committed in the
same county.
Whereas the churchwardens and overseers of the
poor of the parish of in the county of , did, at the
last general quarter session of the peace held in and for this
county, exhibit their petition and appeal, setting forth That by
virtue of a warrant or order of removal under the hands and
ess
'oor
seals of J. C. Esq. and the Rev. J. B. Doctor in Divinity, two
of His Majesty's justices of the peace acting in and for the
county of (one whereof being of the quorum), bearing
date the day of , 1817? A. B. single woman, big
with child, w'as removed fronl the parish of in the county
of , to the said parish of , as the place of the last
legal settlement of the said A. B. whereby the petitioners con-
ceived themselves aggrieved, which said appeal stood duly
adjourned until this session; — Now, upon hearing the said
appeal in the presence and hearing of the churchwardens and
overseers of the poor of the said parish of , and they con-
senting by their counsel to the allowing tlie said appeal,-^It is
ordered that the said appeal be, and the same is hereby al-
lowed, and the said order of the said two justices is hereby va-
cated and set aside. And it is further ordered, that the church-
wardens and overseers of the poor of the said parish of ,
do forthwith convey and deliver back the said A. B. single
woman (together with a copy of this order) unto the church-
wardens and overseers of the poor of the said parish of ,
who are hereby required to receive and provide for the said
A. B. single woman, until they can free themselves from the
charge thereof by due course of law. And it is further ordered,
that the churchwardens and overseers of the poor of the said
parish of do forthwith pay or cause to be paid unto the
churchwardens and overseers of the poor of the said parish of
, the sum of for their charges and expenses in re-
lieving and maintaining the said A. B. single woman, since her
said removal.
By the Court,
S .
Countermand of Nollce of Jppeal.
To the Churchwardens &c.
Gentlemen,
I do hereby countermand the notice of appeal
lately given to you against an order of removal of A. B. and
CD. Esquires, two of His Majesty's justices of the peace in
and for the said county of , for and concerning the re-
moval of G. H. to the parish of in. the county oi ,
Dated this day of , 181 7.
E. F.
Attorney &c.
Post, Stage and Hachiey -Coaches, Q^^
Notice of Abandonment of Order after Removal of Pauper.
To the Churchwardens and Overseers of the Poor of the
parish of .
•to wit. Whereas under and by virtue of an order of
removal, under the hands and seals of J. C. and S. P. Esquires,
twi:) of His Majesty's justices of the peace in and for the
county of , bearing date the day of , 1 81 7, A. B.
and her child E. aged years, were removed from the
parish of in the said county of , to the parish of
in the county of . as the place of their last legal settle-
ment. And whereas since the said removal we have discovered
and are satliHed that the said parish of is not the place of
the last legal settlement of the said paupers, and we have ac-
cordingly consented to take back the said paupers, and abandon
the said order of removal. Now we the undersigned, being the
major part of the churchwardens and overseers of the poor of
the said parish of , do hereby give you notice that we
have abandoned and do hereby abandon the said order of re-
moval, and do agree to take back the said paupers; and do also
consent and agree to save harmless the said parish of , and
the churchwardens and overseers thereof, from all costs, charges
and expenses attending the said removal and order, or incident
thereto. Dated the day of , 1817.
r n I Churchwardens, &c.
f " H [ O'-'ciseerSp &c.
[This notice may be given before appeal preferred,
Init if appeal entered, it is adviseuble to get it al-
lowed by cou-^cnt at the sessions.]
POST, STAGE AND HACKNEY-COACHES.
By 4 2 Geo. III. c. 81, s. 5, any person sending or
delivering letters, otherwise than by post, to forfeit
£b. for every offence, one moiety to the King and the
other to tlie informer, except letters sent wit)i goods
by a common carrier or by private hands, &c. Post
k
690 Posty Stage and Hackney -Coaclies,
boysloiterins^on the road, or sufferingfany person, ex-
cept the mail giiard to ride on the horse or carriage,
or neglecting- to travel at the rate of six miles an
hour at least, shall on conviction by confession or
oath of one witness, before one justice, be sent to
the house of correction, to be kept to hard labour
for not exceeding one month nor less than four-
teen days. 5 Geo. III. c. 25, s, 20. and any post
boy collecting by himself or others and conveying
letters illegally, shall on conviction by confession
or oath of one witness, before one justice, forfeit
10s. for each letter; and if not paid, to be com-
mitted to the house of correction to hard labour
for not exceeding two months nor less than one.
^.21. All sums not exceeding ^5. due for post-
age of letters may be recovered before justices of
the peace, in the same manner as small tithes, and
such debt to be preferred before any private debt.
9 Anne, c. 10, 6'. 30.
By 44 Geo. III. c. 98, postmasters letting horses
out to hire, to pay an annual license, and to
renew the same annually, ten days before the end
of the year, under penalty of ^10. .9. 4, 6, 7; and
not to keep more than one inn, house or place,
by vii-tue af one license, under penalty of ^20.
s. 8, 47.
Persons not licensed, letting horses to hire for-
feit ^10. 25 Geo. III. c. 51, s. 4. and every
licensed person to cause the words " Licensed to
let Post IlorscSj' to be painted or written legibly
Post, Stage and Hackney -Coaches* 691
in some visible place in front of his house, stables,
&c. on pain of ^5. s. 9. and if such licensed per-
son furnish his own carriage, he shall cause his
christian and surname, and the place of his abode
to be painted on the outside pannel of such door, in
letters at least one inch in length, and of a colour
distinct from the carriage; and if such carriage
should be furnished for a day, or a less pei'iod, and
such carriage should have a box or seat, he shall
affix on some conspicuous part thereon a brass or
tin plate, on which shall be marked his name and
residence; and if no seat, he shall affix the same
on a conspicuous part of the pole, shaft or splinter
bar, on pain of ^5. s. 10, 11. — Any person taking
off the plate to evade payment of the duty, to for-
feit ^10. i'. 21. and passing through a turnpike
gate without the plate affixed, the driver to forfeit
40S. s. 22.
Every person licensed shall previous to using his
horses receive for the King's use three halfpence
per mile, and shall give to the person hiring the
same one or more stamp-office tickets, adding his
name, and if an innkeeper, his sign also, and shall
insert his place of abode therein, the name of the
place to which such horses are hired to go, and
the month and day of the month, and number
of miles, under a penalty of ^10. for neglect in
any of these particulars, and to be chargeable for
the duty as if he had received it. s. 15. and for
falsely filling up a ticket the like penalty. ^. 17.
Y Y 2
C92 Post, Stage and Hackney -Coaches,
If a ticket is issued for a certain numbei" of mi/cs,
and postmaster sliall charge a specific sum by the
A'U/gc, lie shall accouut to tbe collector for one
fourth part of the money received as the duty,
under penalty of ^'10. s. 18.
Persons letting;- a horse by tire day, or less period,
shall receive for tiie King^ a duty of three halfpence
a mile, if the distance shall be ascertained; if not,
then Is. 9(1. for each horse, and shall deliver to the
hirer a ticket, with the words /or a daij inserted
thereon, with his name, date, place of abode and
sign, under penalty of ^'10. s. 19.
If horses are hired to return in less than two
days, the number of miles both going- and returning,
and tlie place, shall be filled up by the po&tniaster,
under penalty of ^'10. ,9. 23..
If horses arehiye^tl for drawhlg a carriage for two
days or more, the postmaster shall insert in the
note or certificate to be delivered to the traveller,
his name, date and place of abode, the number
of days for which the horses are hired, and the
name and residence of the person hiring the same;
and the person travelling in such carriage, or the
driver, shall at the first turnpike deliver the certifi-
cate to the gate-keeper, who shall, in return, deliver
a check ticket which shall contain the name of the
county in which such turnpike shall be, and the
words certtjicatc delivered, and the name of the place
where such certificate issued, together with some
mark denoting the day on which such check ticket-
Post, Stage and Hackney -Coaches. 693
was issued, whicli said check ticket shall be shewn
to the i^ate keeper at every turnpike through which
the horses shall puss ; and m default thereof, every
such traveller shall pay for every such horse Is. gd.
before he shall be permitted to pa%s any such turn-
pike, .y. 24. — Any postmaster or other person altcr-
iui^ or delivering false certificates, to forfeit £20.
Ilnd. and no horses to be let but hy the mile or
stage, under penalty of ^'10, .v.^32.'-Any gate-
keeper not doing wluit is required by the act, to
forfeit 40s. .9. 20.
Persons letting out horses, &c, to hire, to keep a
true account thereof^ and pay the duty at the times
specified in the act, under penalty of ^10. for
every default, s. 27, 28, and 40. Postnuister to
enter in his account the tickets or certificates
issued by him, under pain of 40s. and the like for
iiltering the date. s. 29. Gatekeeper not delivering
ticket on demand, to collector, to forfeit 5s. for
each ticket. ,v. 36'. and neglecting to demand or re-
fusing to receive any ticket, to forfeit ^'5. for each
offence, .v. 37. or fraudulently accepting less than
\ii is juithoriscd to receive, to forfeit 2us. .v. ;i8.
All pciialties under ^'50. may l)e recovered be-
fore one justice, who may sununon the party and
the witnesses ; and on jjroof by confession or oath
of one witness, may give judgment, and issue war-
rant of distress to levy the pi'ualty ; or in default
of distress, may comniit the offender to prison for
six months, unless penalty is sooner paid. s. r)9.—
Y V 3
694 Post, Stage and Hackney -Coaches.
Witnesses not atteoding- in pursuance of a suai>
mons^ to forfeit 40s. to be levied as the other pe-
nalties, s. 60. — Penalties may be mitigated to not
less than half besides costs, s. 63. — Appeal allowed
to next sessions, (on giving security for penalty
and costs); btit if sessions happen within six days
after conviction, appeal allowed to next subsequent
sessions.
By 54 Geo. III. c. 174, two or more justices may
cause the distances between various places in their
division to be measured, the expense of which to
be paid by the county treasurer, such measurement
verified on oath to be published twice in some
newspapei^ circulating in the place where such jus-
tice shall act ; and after such publication, if any
person letting out horses to hire shall charge more
than the measurement, if the job exceed seven
miles, he shall forfeit not exceeding ^10. to be
recovered before such justices, half to the informer
and half to the poor. s. 4. The duties imposed by
44 Geo. III. not to attach to horses drawing fish
carts, s. 5,
The act 50 Geo. III. c. 48, repeals the acts 28,
30, and 46 Geo. III. for limiting the number of
persons to be carried on the outside of stage
coaches, and enacts, " that any coach , ^c. tuith four
or more wheels, to he employed as a public stage, and
to be drawn by four or more horses, shall be allowed
to carry ten outside passengers and no more, exclusive
of the coachman, but including the guard; one pas-
senger only to sit on the box ivith the coachmanf and
Post^ Stage and Hudaiey -Coaches, 695
three of mtch passengers on the front of the roof, and
the remxdning six behind; but no passenger to be al-
lowed to sit on the luggage, or the part of the roof
allotted for the sa?He; and all stage coaches drawn by
two or three horses, to be allowed five outside passen-
gers and no more, exclusive of the coachman ; and
double-bodied coaches, eight outrides, exclusive of the
coachman, but including the guards
No child in the lap or under seven years of ag-e,
shall be counted as one, but two such children shall
be reckoned as one grown person; and no person
paying as an outside passenger to be permitted to
ride inside, unless with the consent of at least one
of the inside passengers, next to Avhom such out-
ride passenger shall be placed. — If such carriage
shall be constructed wide enough to admit four
outside passengers to ride in the front, and shall
be so licensed, it may do so, provided the num-
ber in the whole does not exceed ten. s. 2. —
Neither passengers nor luggage shall be carried
if the coach shall be more than eight feet nine
inches from the ground, or the bearing of wliich
on the ground shall be less than four feet six
inches from the centre of the track of tiie right or
oft' wheel to the centre of the track of the left or
near wheel, under penalty of ^b. for each olVence.
s. 3. — No proprietor, driver, &c. to permit luggage
exceeding two feet, to be conveyed at the top of
any coach drawn by four horses; and if the coach
is drawn by two or three hor§es, not to exceed
V Y 4
696 Post^ Stage and Haclcney -Coaches.
IS inches above the roof, under penalty of Xb. for
every inch above the space of two feet or 18 inches
respectively; and if driver is also owner, the pe-
nalty of ^10. for every inch, to be recovered before
one magistrate, on the oath of one witness ; and in
default of payment, offender may be committed to
gaol or house of correction for two months, unless
penalty sooner paid. s. 4. — Packages to be placed
so that no passeni^'cr may sit thereon, under penalty
of 50s. to be paid by the passenger so offending. — •
Division to be made at the top of the coach for
luggage. — Driver or owner refusing to permit car-
riage or luggage to be measured by any justice,
constable, and others authorised, to forfeit the like
penalty. Ibid.
Luggage may be carried of greater height than
two feet, if it be not, (including the height of the
coach), more than 10 feet 9 inches from the ground.
s. 5.
The number of passengers allowed to be carried,
to be painted on the outside of the coach; and if
any person shall employ or make use of such coach
without being duly licensed, or without having the
name, number, and words denoting the number to
be carried, painted as aforesaid; or shall carry more
outside passengers than shall be expressed in the
license, every person so offending to forfeit ^£"10.
for each outside passenger, beyond the numbers al-
lowed, and double that sum if the driver be owner
or part owner, s. 7. The owners of coaches to be
Post, Stage and Hackney -Coaches. 697
liable to the penalties incarred by drivers, if the
latter cannot be found, unless they prove by other
testimony than their own, that the offence com-
mitted was without their knowledge or concurrence,
and that they received no benefit therefrom ; and
Jth-iver not paying penalty to whicii he is liable, to
be committed for not exceedin^^ six nor less than
three months, at the discretion of the justice before
whom he shall be convicted, s. 8. — Justice's sum-
mons served on book-keeper to be deemed good
service, s. 9. — Drivers leaving their horses without
a person to hold them till they remount, to forfeit
not more than £b. nor less than lOs. for each of-
fence. Coachmen or guards who shall by intoxi-
cation, negligeni?e or misconduct, endanger the
lives, limbs or property of passengers; or if a driver
of any mail shall loiter his time, or not convey the
mails in due time, (acqidents excepted), or shall not
account for monies received, he shall forfeit not less
than ^5. nor more than ^10. for every offence, to
be recovered before any justice, on the oath of one
or more witnesses ; and in case of non-payment, to
be committed for not more tlian six nor less than
three months, at justice's discretion, s. 11. and
driver insulting a passenger, or exacting mope than
he is legally entitled to, shall forfeit not less than
5s. nor more than 40s. to be recovered in like man-
ner ; or in default, imprisonment for not exceeding
one month nor less than three days. .9. 1 2. Peace
officers neglecting to execute justice's warrant, to
698 Post, Stage and Ilachiey 'Coaches.
forfeit £b, and for non-payment, to be Imprisoned
pot exceeding one month, unless the penalty is
sooner paid. s. 13.
Any passeno;er may require a toll collector to
ascertain the number of outside pasengers and mea-
sure the height of luggage, and a driver refusing,
to forfeit £b. and if more passengers are on the
coach than is allowed, or luggage of the prohibited
height, he shall forfeit double the penalty imposed
for such otfence, one half of the penalty to toll
collector, and the other to the passenger; toll
collector refusing to make the examination re-
quired, to forfeit £b. and persons evading the ex-
amination by alighting from the coach previous to
its reaching the turnpike gate, and afterwards rev
ascending, to forfeit ^10. to be recovered in like
manner, ^.15,
Coachmen suffering passengers to drive, quitting
the box without reasonable cause, or staying from
it longer than necessary, or overturning the coach
through misconduct, to forfeit not more than ^10.
nor less than =^5. 6". 15.
Penalties under this act recoverable before one
or more justices, who may give judgment for the
penalty incurred; and if the same is not paid, may
commit to the gaol or house of correction, for any
time not exceeding three nor less than one month.
s. l6. justices may mitigate penalties to any sum not
exceeding one half besides costs; one half c'llher of
the whole or of the moiety to go to the informer, and
Post, Stage and Iladiuey-CoacJi^s. 699
the other half to be paid to the tmstees of the roads
where the offence was committed, s. 17. Guard
firing- off his arms, except for defence, to forfeit
^5. s. 18.
In cases where no specific penalty is imposed, the
offender to forfeit not exceeding <^^10. nor less
than 50S. at the discretion of the justices, on con-
viction by oath of one witness ; and on default of
payment, may be committed to common gaol or
house of correction for not exceeding three months
nor less than five days. s. 19. Persons conniving-
at offences under this act, to forfeit ^50. for each
offence ; and in default of payment, to be commit-
ted to house of correction for not exceeding three
months nor less than one month, s. 20. — ^Carriages
of a particular construction, and specially licensed
for that purpose, may carry an additional number
of passengers, without being subject to the penalties
of this act. ^.21. Prosecution to be commenced in
fourteen days after offence, except for not painting
the name on the outside of the coach and keeping
it legible, in which case no time is limited, s. 22.
Appeal allowed to the next quarter sessions, on
giving security to appear; and proceedings not to be
removed by certiorari. Conviction, unless appealed
from in fourteen days, to be final and conclusive,
s. 24, 25.
All coaches going from London or Westminster
to any place in the country, or that shall come from
the country to any place in London or Westminster,
700 Post, Stage and Hachici/- Coaches.
shall be duly licensed. 25 Geo. III. r. 51, .9.50.
every person so licensed to cause his christian and
surname to be painted in larg-e and legible charac-
ters, and the place from which the coach sets out
and to which it is going-, imder penalty of ^10.
s. 52. and a like penalty for non-payment of the
duties on tiie days stipulated in^ the act. Jbid. A
summons left at the inn or place where the carriage
puts up, to be deemed good service, s. 6l.
The duties by this act may be farmed. See sta-
tutes 2/ Geo. III. c. 26. — 42 Geo. III. c. 52. —
48 Geo. IIL c. 98.
The acts regulating- the fares, &c. of hackney-
coaches and chairs being" local in their Operation,
and the penalties recoverable before commissioners
specially appointed (though justices are not pre-
cluded from acting,) it is only necessary briefly to
abstract the penal clauses.
By 9 Anne^ c, 23, s. 4, every coach and chair to
have a distinct mark on each, and any person
altering it, to forfeit £b. half to the informer and
half to the King.
No person shall drive or let to hire any hackney-
coach without a license, on pain of ^5. nor carry
any person in a hackney-chajr, under penalty of
40s. Ibid.
By 48 Geo. IIL c. 87, new fares are granted.
If any hackney-coachman discharged in the
country shall ply for hire, and pick up passengers,
he shall forfeit for every offence nu exceeding ^3.
Fostj Stage and Uachiey- Coaches, 7^1
nor less than 20s. s. 5. Plying for hire without a
check sti-ing, incurs a penalty of 5s.
Any driver refusing to go, or overcharging, to
forfeit not exceeding ^3. nor less than los. 1 Geo^
Stat. 2f c. 57, s. 2.
Every coachman, where coaches are standing,
to be compellable to go with any person when re-
quired, and on refusal (unless hired) he shall be
liable to the same penalties as persons refusing to
carry for hire. 3^ and 40 Geo. III. c. 47, s. 5.
Drivers of coaches or chairs guilty of misbe-
haviour by demanding more than their fare or giv-
ing abusive language, shall forfeit not exceeding
20s. to the poor ; refusing, or not being able to
pay, shall be committed to Bridewell or house of
correction to hard labour for seven days, and
receive the public correction of the house before
discharged. ^Anne, c. 23, s. 44.
Every licensed person who shall neglect or re-
fuse to appear by himself or his renter (being duly
summoned) shall forfeit 10s. and if he shall neglect
or refuse to appear with his renter on the third
summons, the complaint may be heard and deter-
mined in his absence. 10 Geo. III. c. 44, s. 6.
All penalties levied by any justice, to be trans-
mitted to the receiver-general of the duties on
hackney-coaches and chairs ; and they shall also
transmit a certificate thereof to the commissioners
within ten days, on pain of ^10. half to the King
and half to him that shall sue. s. 8.
702 Post y Stage and Hackney -Coaclie^,
By 55 Geo. III. c. 159, the act 54 Geo. III. c. 14^,
is repealed as far as respects the issuing tickets to
denote the amount of fares, and all the provisions
and penalties relating- thereto, s. 1.
If any person refuses or omits to pay his fare, or
shall deface any hackney-coach or chair, any jus-
tice may grant a summons, or warrant if necessary,
to bring before him the offender ; and on proof on
oath may award reasonable satisfaction to the
party complaining for his damage and costs and
loss of time; and on refusal to pay, may commit
such person to prison for not exceeding one month,
or until such satisfaction paid. s. 6.
Commissioners to hear and determine complaints
between owners and drivers, and may punish any
such owner or driver by inflicting a penalty not ex-
ceeding ^10. to be levied by distress, s. 8.
Drivers of hackney-coaches to take any property
left in their coaches to the hackney-coach office
within four days after it shall have been so left,
under a penalty of not exceeding ^20. at the dis-
cretion of the commissioners, s. 9.
No agreement to pay more than the legal fare to
be binding ; any person paying beyond it may
recover the overplus, and the driver to be liable to
a penalty of not exceeding ^5. to be levied in case
of non-payment by distress.
Coachmen leaving their coach, &.c. unattended at
any theatre or place of public resort, to forfeit not
exceeding ^5. to be levied in case of non-pay-
Post, Stage and Utachiey- Co aches. /^^
ment by distress. ^.11. Drivers are not to refuse
a fare, thouo;h they may have been out twelve hours.
s. 12.
Any justice or justices of the peace on complaint
made to them against any owner or driver of any
hackney-coach or chariot, or any waterman Or
assistant, to issue a summons or warrant for their
apprehension, at their discretion, s. 13.
Driver, &c. using abusive or insulting language
oi' other rude behaviour, or obstructing any in-
spector of hackney-coaches, officer of police or
other peace officer in the execution of his duty,
shall on conviction before any justice of the peace
or commissioners, forfeit not exceeding ^10. and
in default of payment be committed to prison
for not exceeding two months, s. 14. All penalties
in this and former acts to be applied half to tlie
King and half to the informer. 6-. 15. Penalties in
former acts (unless where altered by this act) to con-
tinue in force, s. l6.
Information on the Post Horse Jet.
to wit. Be it remembered, that on the day of
, in the year of our Lord 1817, iit the parish of ia
the county of , A. B. of in the county aforesaid,
gentleman, in his own proper person, comes before me S. P.
Esq. one of His Majesty's justices of the peace in and for the
said county, residing near the place where the oft'ence herein-
after mentioned was committed, and as well for our Lord the
King as for himself in this behalf exhibits to and before me
the said justice, an information and complaint, and thereby
informeth me that C. D. of the parish of in the county wi
7'04 Post, Stage and Havhiey -Coaches,
— — ^ aforesaid, after tlie first day of August, 17H5> nientiomicS
in a certain act of parliament passed in the 25th year of the
reign of His present I\lajesty, intituled *' An Act for repealing
the Duties on Licenses taken out by Persons letting Horses
for the purpose ot" travelling post, and on Horses ict to hire for
travelling, and by time, and on Stage Coaches; and for granting
other Duties in lieu tliereof, and also additional Duties on Horses
let to hire for travelling post, and by time;" and within six
calendar months now last past, to wit, on the day of this
present mcmth of , at the said parish of .in the said
county and liberty, did let out to one E. F. a certain horse for
bire, to draw a chaise with two wheels, commonly c;dled a
single horse chaise, upon which a certain rate or duty at the
time of passing the said act, under the management of tlie
commissioners of excise, was reserved or made payal)le for a
less period of time than a day, he, the said C. D. at the time of
letting the said horse as aforesaid, being a person required by
the said act to be licensed for that purpose^ and not being in
any manner licensed, authorized or enabled so to do, contrary
to the form of the statute in such case made and provided, for
which said offence the said C. J>. hath fotfeited the sum of
^\0. of lawful money, and thereupon the said informant who
prosecutes as aforesaid, prays the consideration and judgment
of me the said justice in the premises, and that the said C. D.
may be convicted of the said offence, and that one half of the
forfeiture, together with full costs of suit, may be adjudged to
him the said informant; and that the said C. D. may be sum-
moned to appear before me the said justice, to answer the
premises and make defence thereto, according to the form of
tiie statute in that case made and provided.
A. B.
Exhibited and received, the day and
year iirst above written.
S. P.
Summons thereon.
to wit. Whereas coin])laint and information hath been
made upon oath before me 8. P. Esq. one of His Majesty's
justices of the peace in and for the said county, that [here state
the nature cnid ciraimstances of the case so Jar as it shall be
necessary to shew the offence, and to brhi^ it within the aiithoriii^
Post, Stage and Haclcney- Coaches. ^05
of the justice, and in doing that, follow the words of the act as
near as may be;] these are, therefore, to require 3'ou personally
to appear before me, or such other of His Majesty's justices of
the peace for the said county, at in the said county, on the
day of next, at the hour of in the noon,
to answer the said complaint and information, and further to dd
and receive what to the law shall appertain. Herein fail not.
Given under my hand and seal, this day of , I8I7.
S. P.
Co7iviction thereon.
to wit. Be it remembered, that on the day of
, in the 57th year of the reign, &c. and in the year of our
Lord 18 17, CD. of &c. was duly convicted before me S. P.
one of His Majesty's justices of the peace in and for the said
county, residing near the place where the offence hereinafter
mentioned was committed, in pursuance of an act passed in the
25th year of the reign of His present Majesty, intituled an act
[here recite the title of the act as before], for that the said CD.
after the first day of August in the said act mentioned, and
within six calendar months now last past, to wit on the
day of this present month of [as before stated in the in-
formation], contrary to the form of the statute in such case
made and provided; and I do declare and adjudge that he the
said C. D. hath forfeited for his said offence the sum of j^lO.
of lawful money, which sum of ,^10. I do hereby mitigate to
the sum of ^5. to be distributed as the law directs; and I do
hereby allow unto A. B. of — — in the county of , gen-
tleman, who informed me of the said offence and sued for the
said penalty, for his costs and charges, as well in making the
discovery as in the prosecution aforesaid, the further sum of
^ of like lawful money, being a reasonable allowance ia
that behalf; and do award and adjudge the said sum of .^
to be paid by the said C. D. over and above such mitigation as
aforesaid, this being the offence.
Given under my hand and seal, at , the day and year
first written.
S. P.
Z z
706 Post, Stage and Hachiey- Coaches.
Distress Warrant.
To the Constable of the parish of in the county of .
to wit. ^'\'hereas C. D. of &c. was on the -
day of now last past duly convicted before me
S. P. Esq. one of His Majesty's justices of the peace in
and for the county aforesaid, residing near the place where
the offence hereinafter mentioned was committed, in pur-
suance of an act passed in the twenty-fifth year of the reign
of His present Majesty, intituled [as in the conviction from
the title of the act], contrary to the form of the statute in
such case made and provided; and I then and there declared
and adjudged that the said C. D. had forfeited for his said of-
fence the sum of ^^10. of lawful money of Great-Britain, which
sum of -^10. I, by the said conviction, mitigated to the sum of
3^5. to be distributed as the law directs ; and I thereby allowed
to A. B. of &c. who informed me of the said offence and sued
for the said penalty, for his costs and charges, as well in
making the said discovery as 'in the prosecution aforesaid, the
further sum of ^^ of like lawful money, being a reasonable
allowance in that behalf awarded, and adjudged the said sum of
j^ to be paid by the said C. D. over and above such miti-
gation as aforesaid. And whereas the said two several sums of
.^5. and si" still remain unpaid r these are therefore to
command you to levy the said two several sums of ^5. anci
^ bydistress of the goods of the said C. D. within the
parish aforesaid; and if within six days next after such distress
the same shall not be redeemed by payment of the said several
sums, together with tlie reasonable charges of taking the said
distress, then that you sell the goods by you distrained, and
that out of the monies which shall be paid to you, or which
.shall arise by such sale, you pay one half of the said sum of
a^5. and the whole of the said sum of j^" to the said A. B.
who informed me of the said offence, and sued for the said pe-
nalties as aforesaid; and the other half of the sum of jd'S. to
G. H. of in the said county of , for the use of His
Majesty, the said G. U. being authorized by the major part of
the commissioners for managing the duties on stamped vellum,
parchment and paper so to receive the same j returning the
Post, Stage and Hackney -Coaches, 7^7
overplus, if any, upon demand to the said C. D. the reasonable
charges of taking, keeping and selling the said distress being
first deducted; and that you certify to me what you shall do by
virtue of this warrant.
Given under my hand and seal, at in the county afore-
said, the day of , in the year of our Lord 1817'
S. P.
Warrant to Apprehend, and Commitment,
To the Constable of in the county of
to wit. Wliereas of &c. [state the convictioiiy mi-
tigation of the penalty and adjudication of costs, as in distress
warrant, verbatim]. And whereas by a certain warrant under
my hand and seal, bearing date at , the day of
last past, (the said two several sums of ^^5. and ^ then
remaining wholly unpaid,) I commanded you the said constable
to levy the said two several sums by distress and sale of the
goods of the said C. D, within the parish aforesaid, and to pay
and distribute the same respectively as in such warrant is di-
rected. And whereas it duly appears to me by the return of
you the said constable, dated this day, that no goods or chattels
of the said C. D. can be found to answer the several sums of
money by the said warrant directed to be levied : these are,
therefore, to command you the said constable to apprehend
the said C. D. and convey him to the house of correction, and
there keep him for the space of six months, unless the said
several sums of ^'5. and j€ shall be sooner paid or satis-
fied ; and for so doing this shall be your sufficient warrant and
authority.
Given under my hand and seal, at , the day of
,1817.
S. P.
Zz 2
'08 Post, Stage and Hackney-Coaches.
Information for issuing a Ticket with a charge by the Mile, and
taking a gi-eater price fur tlie Stage, witJiout accounting tt*
the Collector.
to wit. Be it remembered, that on the clay of
, in the year of our Lord 1817? and in the 57th year of
the reign of our Sovereign Lord George the Third, at
In the said county of , A. B. of in the county
aforesaid, yeoman, in his proper person cometh before me
S. P. Esq. one of His Majesty's justices of the peace in and
for the said county, (I the said justice residing near the
place in which the offence herehiafter mentioned was com-
mitted) and as well for our Lord the King as for himself, giveth
ine the said justice to understand and be informed that after
the first day of August, which was in the year of our Lord
1785, and within the space of six calendar months from the
time of incurring the penalty hereinafter mentioned, that is to
say, on the day of , in the year of our Lord 1817, one
C. D. late of in the county aforesaid, then being a person
licensed to let to hire horses for the purpose of travelling post
by the mile or from stage to stage, and to let to hire for a day
or less period of time h6rses for drawing a coach or other car-
riage and in travelling post or otherwise, pursuant to an act of
Parliament passed in the 25th year of the reign of our Sovereign
Lord the now King, intituled, " An Act for repealing the Duties
on Licenses taken out by Persons letting Horses for the pur-
pose of travelling post, or on Horse."? let to hire for travelling
post and by time, and on Stage Coaches j and for granting other
Duties in lieu thereof, and also additional Duties on Horses let
to hire for trrd 1817, A. B. of &c. in the said
county, informeth and maketh oath before me S. P. Esq. one
of His Majesty's justices of the peace in and for the said county,
that C. D. of in the said county did drive a certain coach
called the coach, being a coach with four wheels and then
drawn with four iiorses, and then employed as a public stage
4;oach for the purpose of carrying passengers for hire, and li-
Z z a
710 Post, Stage and Hathiey- Coaches.
censed to carry ten outside passenp^ers and no more, and having
painted on the outside of the said coach the words " Licensed
^T." and then travelling in the King's highway, and did then
and there carry and permit and suffer to be carried on the out-
side of the said coach more than the number expressed in tlie
license for using such coach and in the words so painted on the
outside of such coach ; to wit that the said C. D. did then and
there carry or permit and suffer to be carried twelve persons at
one and the same time, exclusive of the coachman, on and
about the outside of the said coach when so going and travelling
for hire as aforesaid, none of the said persons so carried being a
child in the lap or under the age of seven years, contrary to the
form of the statute made in the 50th year of the reign of King
George III. intituled, " An Act to repeal three Acts made in the
28th, 30th and 46th years of His present Majest}'', for limiting
the number of persons to be carried on the outside of Stage
Coaches, and to enact other Regulations for carrying the ob-
jects of the said Acts into effect," which hath imposed a for-
feiture of <§^20. for the said offence.
A. B,
Exhibited and sworn before me,
the day of , 1817.
S. R
Summons the)'eon.
See form, page 704, verbatim.
Conviction.
to wit. Be it remembered that on the day of
— — , in the year of our Lord 1817, at in the county of
aforesaid, A. B. came before me S. P. Esq. one of His
Majesty's justices of the peace in and for the said county, and
informed me that [hei'e set forth, the fact in the manner described
in the act] whereupon the said C. D. after being duly sum-
moned to answer the said charge, appeared before , on the
day of , at in the said county, and having heard
the charge contained in the said information, declared that he
was not guilty of the said offencej but the same being fully
Post, Stage and Hachney- Coaches. ^\\
'proved upon the oath of E. F. a credil)le witness, it manifestly
appears to me the said justice, tliat he the said C. D. is guihy of
the offence charged upon him in the said information; it is
therefore considered and adjudged by me the said justice that
he the said C. D. be convicted, and 1 do hereby convict him of
the oftence aforesaid; and 1 do hereby declare and adjudge that
he the said C. D. hath forfeited the sum of ^ of lawful
money of Great-Britain for the offence aforesaid, to he distri-
buted as the law directs, according to the form of the statute in
that case made and provided.
Given under my hand and seal, the day of , 1817.
S. P.
[Jf ihe (1 liver did not attend, say, after the icords "being
duly summoned to answer the said charge," did not appear be-
fore me pursuant to the said summons, or did neglect and re-
fuse to make any defence against the said charge, but the same
being fully proved, &c. or acknowledged and voluntarily con-
fessed the same to be true, and it manifestly appears to me the
said justice &c.]
Information against the Ovcn^r.
to wit. Be it remembered &c. \as in the first informa-
tion^, he the said C'. D being the owner of a certain coach
drawn [as before], and the driver of which said coacii was and
is unknown to the said A. li. did then and there by the said
driver unlawfully carry more outside passengers than were or
are^specitied or expressed in the license for using such coach,
to wit outside passengers [as hefore], which hath iujposed
a forfeiture of .j^^lO. for each outside passenger beyond the
number allowed by the said statute, amounting to the sum of
^' for the saidortence.
Taken &.c.
POTATOES. See " Tarmpsr
Z z 4
H
12 Public TVorship,
PUBLIC WORSHIP.
By 1 Mar. Sess. 2, c. 3, if any person disturb a
preacher in his sermon by word or deed, he shall be
apprehended and carried before a justice, who shall
commit him, and within six days he and another
justice shall examine the fact, and if he is found
guilty by two witnesses, or confession, they shall
commit him to gaol for three months, and further
to the next session, when he may be discharged on
finding sureties, but not otherwise; and by 1 /F".
c. 18, s. 18, if any person shall come into any
church, chapel or other congregatio7i permitted by
the act of Toleration, and disquiet and disturb the
same, or misuse any teacher or preacher, he shall
on proof thereof before one justice, by two wit-
nesses, find two sureties in <^50. in default shall
be committed till the next sessions, and on con-
viction then, shall forfeit ^20. to the King.
Warrant to appreheiid a Person for cUsturhing the Congregation
in a Parisli Oiurch,
To the Constable of in the county of .
to wit. Whereas A, E. clerk, officiating minister of the
parish church of in the said county of , and CD. one
of the churchwardens of the said parish, have this day made com-
plaint on their several oaths before me J, C. Esq. one of His
Majesty's justices of the peace in and for the said county, that
E. F. late of the said parish of , labourer, and G. H. late
Public IVorship. 'J\2
of the same parish, yeoman, together with divers other evil dis-
posed persoivs, on Sunday last, being the day of ia
this present moiitii of , wilfully and of purpose did con-
temptuously come into the said parish church, situate in the
said parish of In the said county of , during the time
of divine service, and did disquiet and disturb the congregation
then and there assembled, by [state the offence] in the said
parish church, and by other noises and disturbances, preventing
the said A. B. officiating minister as aforesaid, from proceeding
in the celebration of divine service; these are therefore in His
said Majesty's name to command you the said constables forth-
with to apprehend the said E. F. and G. H, and them bring
before me at this place, to answer for the said offence and to
be further dealt with according to law. And you are hereby also
commanded to give notice to the said E. F. and G. H. that if
proof of the said offence shall be made before me the said jus-
tice, by two sufficient witnesses, on the hearing of the said com-
plaint, then the said E. F. and G. H. will be required to find
two sureties, to become bound in a recognizance in the penal
sum of ^"50. conditioned for the personal appearance of the
said E. F, and G. H. respectively, at the next general quarter
sessions of the peace to be held in and for the said county, thea
and there to answer for the said offence, according to tlie form
of the statute in this behalf made and provided.
Given under my hand and seal, the day of — — , 1817.
J. C.
Information for disturbing a Licensed Disseyiter^s Meeting,
to wit. Be it remembered that on the day of
■ , in the year of our Lord 1817, B. the sum of , and do order and apjwint the said
C. D. to pay or cause to be paid unto him the said A. B. the
sum of for the tithes, dues and payments aforesaid; and
also the further sum of for such costs and charges con-
cerning the premises, as upon the merits of the case do appear
to us just and reasonable.
Given under our hands and seals, this day of , in
the year of our Lord, IS I/-
J. C.
S. P.
Digress IVarrant on non-payment, in pursuance of the last
Order.
To the Constable of .
to wit. Whereas upon the complaint of A. B. rector
of the parish church of in the county aforesaid, C. D. of
in the parish aforesaid in the county aforesaid, (being a
person commonly called a Quaker,) hath been duly summoned
to appear before us J. C. and S. P. Esquires, two of His Ma-
jesty's justices of the peace for the said county, to be examined
for non-payment of his tithes and other rights, dues and pay-
ments belonging to the church of aforesaid, and due unto
720 Receipts.
Lim the said A. B. from him the said C. D. And whereas the
said justices, upon examination thereof, have ordered the said
C. D. by writing under their hands and seals, to pay unto the
said A. B. the sum of for such his tithes and other rights,
dues and payments as aforesaid; and moreover, the sum of
• for the charges of him the said A. B. in recovering the
same, making in the whole the sum of . And whereas it
appeareth unto me, being one of the said justices and also be-
ing one of the two next justices to the parish church of
aforesaid In the county aforesaid, not being patron of the said
church nor any way interested in any of the said tithes, rights,
dues or payments, that the said C. D. had due notice of the
said order, but hath refused and doth refuse to pay and hath
not paid the said sum of nor any part thereof. These are
therefore to authorize and command you that you do forthwith
levy the aforesaid sum of by distress and sale of the goods
and chattels of the said C. D. and out of the money arising from
such sale, that you do pay or cause to be paid unto him the said
A. B. the said sum of , and thereout also deduct your ne-
cessary charges of distraining; and if any overplus shall remain
after such payment and deduction as aforesaid, that you do
render the same unto the said C. D.
Given under my hand and seal, at in the said county,
this day of , 181 7.
S. R
RECEIPTS.
By 55 Geo. III. c. 1S4, the duties by former acts
are repealed, and other duties imposed. Writing-
receipts without stamps, or on stamps of a lower
value, incurs a penalty of ^10. if the sum paid does
not amount to ^loo. and ^20. if the sum amounts
to ^100. and upwards. 31 Geo. III. c. 27, s. 17. —
35 Geo. III. c. 55, s. 8. and no person shall give a
receipt for a less sum than actually received, or di-
vide the amoimt, or do any other act to defraud.
Recognizance, ^2\
under penalty of ^50. 35 Geo. III. c. 55, s. 9. —
The receiver to dischargee the duty, under the pe-
nalty of ^10. 43 Geo. III. c. 126, s. 5.
All penalties may be sued for by action, or a
neig-hbouring- justice may hear any offence subject-
ing- the party to pecuniary penalties, who may, if
the complaint is laid within three months, summon
the offender and witnesses ; and on confession or
oath of one witness, may hear and determine the
same and levy the penalty by distress ; if the
goods are not redeemed within six days, they may
be sold : half the penalty to the King-, and half
to the informer; in default of distress, the of-
fender may be committed for two calendar months,
unless the penalty is sooner paid. 31 Geo. III. c. 25,
s. 24, 25. — 35 Geo. III. c. 55, s. 12, 13. Appeal al-
lowed to the next sessions, on giving security to
the amount of the penalty and costs. — Justices may
mitigate penalties not less than one half with costs.
6-. 14. — Witnesses not attending summons forfeit
40s. to be recovered in like manner.
RECOGNIZANCE
Is an obligation of record entered into before
some magistrate duly authorized, with condition to
appear at the sessions or assizes, or to keep the
peace, &c. Justices of the peace are authorized by
particular statutes to take recognizances, but those
taken for the peace or good behaviour, are rather
A A A
^2^2 Recognizance.
incident to their office, than by any other authority.
If a person refuse to give recog-nizance, he may be
coniuiittecL Uak. c. \6s. but justices are not au-
thorized to take recognizances in any matter not
connected with their otfice.
The form of a recognizance must be as follows j
> — it must be made to the King; it must contain the
names, places of residence, with additions of the
principals and sureties, and the penalty in which
they are bound. The condition (upon the perform-
ance of which the recognizance is void) is either
underwritten or indorsed, and the manner of taking
it is by calling the parties by name, thus —
You A. B. acknowledge to owe to our Sovereign
Lord the King the sum of ^ , and you C. D. acknowledge,
&c. to be levied of your goods and chattels for the use of our
said Lord the King, his heirs and successors; if default shall be
made in the coodition following, that is to say, if you the said
■A. B. shall make default in appearing, &c.
The parties need not sign it, and the recoixJ,
"which is afterwards made out on parchment, must
be subscribed by the justice before whom it is
taken. Dalt. c. 176. — It is a matter of record as
soon as taken and acknowledged, although not
made up by the justice, and only entered in his book.
Ibid. c. 16&.
Recognizances taken for the peace must be cer-
tified to the next sessions, that the party may be
called, and if they do not appear they will be es-
treated, but in felony they are to be certified to the
general gaol delivery, l and 2 P. and M. c. 13.
Recognizance. *J2Z
By 4 Geo. III. c. 10, the Barons of the Ex-
chequer may discharge on affidavit and petition, the
recognizances of persons estreated, except for
debts due to the crown, other than by the recog
nizance prayed to be discharged; and also except
in cases of defrauding the revenue, by contraband
trade, or assaulting an excise or custom-house
officer in the execution of his duty. — No more
than ^1. Is. to be taken for an order of dis-
charge.
Recognizance with Sureties.
to wit. Be it remembered that on the day of
, in the 57th year of the reign of our Sovereign Lord
George III. by the grace of God of the United Kingdom of
Great-Britain and h'eland King, Defender of the Faith, &c.
A. B. of in the said county of , mason, and C. D.
of in the said county, yeoman, and E. F. of in the
said county, smith, personally came before me S. P. Esq. one
of the justices of our said Lord the King, assigned to keep the
peace in and for the said county, and severally acknowledged
themselves to owe to our said Lord the King, that is to say, the
said A. B. the sum of ^ , and the said C. D. and E. F.
each the sum of ^^ separately, of good and lawful money
of Great-Britain, to be made and levied of their goods and
chattels, lands and tenements respectively, to the use of our
said Lord the King, his heirs and successors, if the said A. B.
shall make default in the condition hereunder written, [or
hereon indorsed, as the case is].
Acknowledged the day and year
above written, before me,
S. P.
The Condition of the above [or within'] written recogni-
zance is such, that if the above bound A. B. do and shall —
then the said recognizance to be void, or otherwise remain in
fuU force.
A A A 2
'24
Recognizance.
Form of a Recognizance witlioiit Sureties.
to wit. Be it remembered that on the —
- day of
, in the 57th year of the reign of our Sovereign Lord
George HI. by the grace of God of the United Kingdom of
Great-Britain and Ireland King, Defender of the Faith, A. B.
of in the said county of , labourer, personally came
before me S. P. Esq. one of the justices of our said Lord the
King assigned to keep the peace in and for the said county,
and acknowledged himself to owe to our said Lord the King
j^ of good and lawful money of Great -Britain, to be made
and levied of his goods and chattels, lands and tenements, to
the use of our said Lord the King, his heirs and successors, if
he the said A. B. shall make default in the condition hereunder
written, [or hereon indorsed.]
Acknowledged the day and year
above written, before me,
S. P.
The Condition of the above [or ivithin] written recogni-
zance is such, that if the above bound A. B. do and shall —
then the above recognizance to be void, or otherwise remain in
full force.
Recognizance to enter and try Appeal against the Conviction of
a Justice.
foryn]
to wit. Be it remembered &e. [as in the preceding
The Condition of the above obligation is such, that if the
above bounden A. B. do and shall at the next general quarter
sessions of the peace to be hoi den in and for the said county,
enter and try his appeal (whereof he hath given notice) against
a conviction bearing date the day of last, under the
hands and seals of J. C. and S. P. Esquires, two of His Ma-
jesty's justices of the peace in and for the said county, of him
the said A. B. for having [state the offence], and do and shall
Recognizance. *J'2o
abide the order of, and pay such costs as shall be awarded by
His Majesty's justices of the peace at such quarter sessions,
then this recognizance to be void.
Taken &c. before me,
S. P.
Petition to the Barons of tJie Exchequer to discharge an
estreated Recognizance.
To the Riglit Hon. Sir Alexander Thompson, Knight, Lord
Chief Baron of His Majesty's Court of Exchequer at
Westminster, and the rest of the Barons there.
The humble Petition of A. B. of in the
county of , yeoman,
Sheweth,
That your petitioner on the day of
last, together with C. D. of &c. became bound in a recognizance
to His present Majesty in the sum of ^ conditioned for
the personal appearance of the said C. D. at the then next
general quarter sessions of the peace to be held at
in and for the said county, to answer to a bill of indictment to
be then and there preferred against him for an assault on E. F.
of&c. I'iiat the said CD. instead of appearing at the said
sessions according to the condition of the said recognizance hath
absconded and hath not since been heard of.
'i'hat default having been made in the performance of
the condition uf the said recognizance by the nonappearance of
the said C. D. at the said Cjuaiter sessions, the same became
forfeited and bath been estreated into this honourable Court.
That your petitioner is poor and indigent, and much
reduced in his circumstances since he entered into the said
recognizance, and receives parochial relief from , as ap-
pears by the affidavit hereto annexed.
Your petitioner therefore humbly prays your Ivordshlps
will be pleased to order your petitioner's said recog-
nizance to be discharged without a tjiuietus. Aiid
your petitioner shall ever pray &c.
A A A 3
726 Rescue.
Affidavit to be annexed.
In the Exchequer.
A. B. of in the county of , and C. D.
of In the county aforesaid, severally make oath and say —
and first, this deponent A. B. for himself saith, that he is poor
and indigent and much reduced in his circumstances^ and that
he receives relief as a pauper from the parish of , and that
the petition hereto annexed is true in substance and in fact.
And the said C. D. for himself saith, that he is one of the
overseers of the poor of the said parish of -^. — r-, and that the
said A. B. is very poor and indigent, and subsists, as this de-
ponent verily believes, on the relief afforded him as a pauper by
the said parish of-- .
RESCUE
Is defined by Blackstone, 4 Com. c. 10, to be the
forcibly and knowingly freeing- another from arrest
and imprisonment; and it is generally the same
offence in a stranger so rescuing, as it would have
been in a gaoler voluntarily suffering an escape;
but here, as upon voluntary escapes, the principal
must be first attainted or receive judgment, before
the rescuer can be punished; for by possibility
theremay have been no offence committed. 1 Hales,
P. C. 607. nevertheless, as the rescue is in con-
tempt of some legal process the offender may be
committed and punished according to the nature
and degree of his offence.
To hinder a person who has committed felony from
being arrested is a misdemeanor only ; but if res-
cued after arrest^ and the arrest was for felony, the
Riot, Rout, §:c. 1^27
rescuer is a felon; if for treason, a traitor; and if
for a trespass, fineable. Halcs^ pi. 116. 2 Hcuw.
c. 21. but though the felony be not within clergy,
yet the rescuing the offender is within clergy.
1 H. H. 599, 607.
Commitment for a Rescue.
To die Constable of in the county of , and to the
Keeper of the Common Gaol at in the county of .
to wit. Whereas A. B. of in the county of ,
yeoman, and C. D. of in the county aforesaid, labourer,
are this day brought before me S. P. Esq. one of His Majesty's
justices of the peace in and for the said county, and charged
on the oaths of E.F. and G.H. constables of , with having
this day, at -'in the county aforesaid, unlawfully, riotously
and against the king's' peace rescued and set at large one J. K.
committed to the custody of them the said constables to be
conveyed to the common gaol of in the county of ,
for a felony, by virtue of a warrant under tlie hand and seal of
me the said justice, bearing date the day of instant.
These are therefore to command you the said constables forth-
with to convey and deliver into the custody of the keeper of
the said gaol, the bodies of them the said A. B. and C. D, to-
gether with this my warrant. And also to command you the
said keeper to receive the said A. B. and C. D. into your cus-
tody in the said gaol, and them there safely to keep until tiiey
shall be discharged tiitMefrom by due course of law.
Given under my hand and seal, at -^ in the said county,
the day of , in the year of our Lord 181 7.
S. P.
RIOT, ROUT, ace.
A riot is the forcibly doing an unlawful thing by
three or more persons assembled together for that
purpose. By the common law peace officers may
A A A 4
728 ' Riot, Bout, §-c.
suppress a riot, and may command all other persons
to assist them, l Haw. c. 65, ^.11. and by stat.
34 Edw. III. c. 1, justices of the peace may re-
strain rioters and arrest them, and cause them to
be imprisoned. By the construction of this statute,
one justice may not only arrest oftenders and bind
them over to their good behaviour, but may im-
prison them if they do not offer good bail ; he may
also authorize others to arrest them by verbal com-
mand without any other warrant, and by force
thereof the person so required, may pursue and take
the offenders in his absence. — He may also issue
his warrant to arrest the offenders after the riot is
over, and may commit them to prison till they find
sureties for their good behaviour. Ibid. s. l6. but
one justice cannot record a riot on view, or take in-
quisition thereof after it is over.
If the rioters are above twelve in number, the
power of justices is extended by 1 Geo. st. 2, c. 5,
called the Riot Act. — Those who wilfully oppose
any person making proclamation to disperse, or if
twelve or more continue together after such pro-
clamation is made, they shall be guilty of felony
without benefit of clergy, s. 1, 5. and every justice
or other peace officer, or persons of age and ability
commanded by them to assist, may apprehend of-
fenders and carry them before a justice, to be pro-
ceeded against according to law; and if any rioters
be killed or hurt in dispersing or apprehending
them, such person shall be indemnified, s. 3. Any
Jliot, Bout, §-c. 729
persons, though under twelve in number, unlaw-
fully demohshing or beginning" to demolish any-
church, chapel or other place of religious worship,
or any dwelling house, barn, stable or out-house,
shall be guilty of felony without benefit of clergy.
s. 4. and one justice may proceed against them as
against other felons.
By 13 Hen. IV. c. 7, any two justices with the
sheriff or under sheriff, may come with the pos^ic
comitatns, if necessary, and suppress a riot, and re-
cord the circumstances, which record shall be a
sufficient conviction of the offenders; if the riot-
ers are departed, the justices shall make enquiry
within a month afterwards, and hear and determine
the same. — Rioters convicted on the view of two
justices and the sheriff, may be fined ; and the sta-
tute requires that the sheriff should join in assess-
ing the fmo.. Rayin. 386.— Where riots are com-
mitted, the sheriff, on precept directed to him, shall
return 24 persons within the district to enquire
thereof. 19 He7i. VII. c. 13. and the riot being-
found by the inquisition, the justices shall make a
record thereof in writing, which is to remain with
one of the justices, Dalt. c. 82.
By 52 Geo. III. c. 130, persons wilfully destroy-
ing any building, or any engine used in any manu-
factory, shall, on conviction, be deemed guilty of
felony and suffer death, s. 1. and persons tumultu-
ously assembling, and with force pulling down, or
beginning to pull down or demolish any building,
JfSO Hioty Rout, ^c.
g-oods or machinery, to suffer the like punishment.
s. 2. the value of buildings, engines, machinery, &c.
to be recovered as under Geo. /, c. 5. but no per-
son shall recover such damage, unless he or his
servants give notice within two days, to some of
the inhabitants near the place where the fact is
committed; and shall also depose on oath, within
four days, before a justice, as to his or their know-
ledge of the party offending; and if the offender is
known, then the justice to take recognizance to
prosecute. Hundred not liable to an action for da-
mages, unless brought within one year, s, 4.
Record of a Riot on view.
to wit. Be it remembered that on the day of
, in the 57th year of the reign of &c. we, J. C. and S. P.
Esqrs. two of the justices of our said Lord the King assigned
to keep the peace in the said county, and J. P. Esq. sheriff of
the said county, on the complaint and at the request of A. B. of
in the county aforesaid, Esq. in our proper persons have
come to the mansion house of him the said A. B. at afore-
said, and then and there do find C. D. of , yeoman; E. F,
of , yeoman; G. H. of , yeoman, and other male-
factors and disturbers of the peace of our said Lord the King,
to us unknown, in a warlike manner arrayed; to wit, with clubs,
swords and guns, unlawfully, riotously and routously assem-
bled, and the same house besetting, many evils against him the
said A. B. threatening, to the great disturbance of the peace of
our said Lord the King and terror of his people, and against
the form of the statute in that case made and provided; and
therefore we the aforesaid J. C. and S. P. and J. P. the afore-
said C. D. E. F. and G. H. do then and there cause to be
arrested, and to the next gaol of our said Lord the King in the
county aforesaid t|> be conveyed, by^ our view and record of the
unlawful assembly, riot and rout aforesaid convicted 3 there to"
Miot, Bout, %c, 731
remain every and each of them respectively, until they shall
severally and respectively have paid to our said Lord the King
the several sums of ^10, each, which we do impose upon them
and every of them separately for their said offence. In testi-
mony whereof to this our present record we do put our seals.
Dated at aforesaid, the day and year aforesaid.
J. C.
s. p.
J, p.
Commitment of Rioters on view,
to wit. J. C. and S. P. Esquires, two of the justices
of our said Lord the King assigned to keep the peace w-ithin
the said county, and J. P. Esq. sheriff of the said county, to
the keeper of the gaol of our said Lord the King, at in
the said county, and to his deputy and deputies there, and to
every of them, greeting.
Whereas upon complaint made unto us hy A. B. of ,
gentleman, we did this present day of go to the
house of the said A. B. at aforesaid, and there did see
C. D. of , yeoman; E. F. of , yeoman, and G. H. of
■ , yeoman, and other malefactors to us unknown, assembled
together in an unlawful, riotous and rontons manner, to the
terror of the people and against the peace of our said Lord the
King, and against the form of the statute in that case made and
provided ; we do therefore send you, by the bringers hereof, the
bodies of the said C. D. E. F. and G. H. convicted of the said
riot, rout and unlawful assembly, by our own view, testimony
and record, commanding you in the name of our said Lord the
King, to receive them into the said gaol, and them and every of
them respectively there safely to keep uinil they and every of
ihem shall respectively pay to our said Lord the King the se-
veral respective sums of ^ eacli, which we have set and
imposed upon thera and each and every of them separately for
the said offence.
Given under our hands and seals, at aforesaid in the
county aforesaid, the day and year aforesaid,
J. C.
S. P.
J. P.
732 Rioty Rout, §'c.
Precept to summon a Jury.
to wit. J, C. and S. P. Esquires, two of the justice*
of our Lord the King assigned to keep the peace in the county
aforesaid, and also to hear and" determine divers felonies, tres-
passes and other misdemeanors in the said county committed,
to the sheriflfof the said county greeting. On the behalf of
our said Lord the King, we command you that you cause to
come before us, at in the county aforesaid, on the
day of next ensuing, twenty-four honest and lawful men
of the county aibresaid, every one of which to have lands and
tenements within the said county, of the yearly value of 20s. of
charter land or of freehold, or 26's. and 8d. of copyhold, or both,
over and above all charges, to enquire for our said Lord the
King, and for our indemnity in this behalf, upon their oath of
certain riots, routs and unlawful assemblies, at in the
county aforesaid lately committed, as it is said, and that you
return upon every person, so by you to be impannelled, 20s. of
issues at the aforesaid day, to be by them respectively forfeited,
if they shall not appear and be sworn to enquire of the pre-
mises, at the same time and place 3 and this you shall in no
wise omit on pain of ^20.
Given under our hands and seals, at aforesaid, the >
day of , in the 57th year of the rejgn of George IIL &c.
Juror's Oath.
You shall true enquiry and presentment make
of all such things as shall come before you, concerning a riot,
rout and unlawful assembly, said to have been lately com-
mitted at in this county; you shall spare no one for fa-
vour or affection, nor grieve any one for hatred ar ill will; but
proceed herein according to the best of your knowledge, and
according to the evidence that shall be given to you. So help
you God.
The oath which your foreman hath taken on his part, you
and every of you shall well and truly observe and keep on your
parts. — So help you God.
Riot, Bout, §-€. 733
The Inquisition, Indictment, or Presentment oftlie Jury*
to wit. An inquisition for our Lord the King indented
and taken at in the county aforesaid, the day of
, in the 57th year of the reign of his present Majesty, King
George III. by the oath of honest and lawful men of the
county aforesaid, before J. C. and S. P. Esquires, justices of
our said Lord the King assigned to keep the peace in the said
county, and also to hear and determine divers felonies, tres-
passes and other misdemeanors in the said county committed,
who say upon their oath aforesaid, that C. D. of , yeoman;
E. F. of , yeoman ; and G. H. of , yeoman, together
with other malefactors and disturbers of the peace of our said
Lord the King, to the jurors aforesaid as yet unknown, on the
day of now last past, at aforesaid in the county
aforesaid, with force and arms, to wit with clubs swords and
guns, unlawfully, routously and riotously did assemble to dis-
turb the peace of our said Lord the King, and so being then
and there assembled and gathered together, the mansion house
of A B. Esq. at aforesaid, unlawfully, routously and ri-
otously did enter, and in and upon him the said A. B. then and
there unlawfully, routously and riotously did make an assault,
and him the said A. B. then and there routously and riotously
did beat, wound and ill treat, in disturbance of the peace of
our said Lord the King and to the terror of his people, and
against the form of the statute in such case made and provided.
We whose names are hereunto set,
the above jurors, do find this
inquisition true, J. K.
L. M. &c.
We the justices abovesaid do hereby impose the fines
hereunder written on the aforesaid ofienders,
C. D. .^20.
E. F. ^•'20.
G. H. ^'20.
•34 Riot, Roitl, &fc.
CovMnitment for a JRiot and feloniously beginning to demolish
a House.
To the Keeper of .
to wit. Receive into your custody the body of E. F.
lierewith sent you, brought before me S. P. Esq. one of His
Majesty's justices of the peace for the said county, and charged
by A. B. before me the said justice upon oath, with unlawfully
riotously, tumultuously and feloniously assembling with divers
other persons to the disturbance of the public peace, at the
parish of in the county of , on the day of
' , 1817? find with force and arms beginning to demolish
and pull down a certain dwelling house there situate, belonging
to A. B. Esq. contrary to the statute &c.
■Tlie like J for continuing a Riot after the Riot Act had been read.
For that they the said E. F. G. H. &c. together with
divers other persons, to the number of twelve and more, on &c.
at 3, being unlawfully, riotously and tumultuously assem-
bled together to the disturbance of the public peace, and being
then and there required and commanded by S. P. Esq. one of
His Majesty's justices &c. by proclamation then and there
made in the King's name, directed by the statute in that case
made and provided, to disperse themselves and peaceably to
depart to their habitations or to their lawful business, did thea
and there, to the number of twelve and more (notwithstanding
such proclamation made), feloniously, unlawfully, riotously and
tumultuously remain and continue together for the space of one
hour after such command and request made by proclamation as
aforesaid, contrary to the form of the statute &c. and against
the peace &c.
See Affray, Assault, Sedition, Surety for the Peace.
a
Hwers and Navigation, 7^^
RIVERS AND NAVIGATION.
By 27 Oeo. II. c. \6, if any person shall wil-
fully and maliciously draw or pluck up any flood-
gate fixed or made in any wear or lock, erected or
to be erected by authority of Parliament, in or on
any navig-able river, he shall on conviction or oath
of one witness before two justices of the county, or
the adjacent county, be sent to the house of cor-
rection to hard labour for one month, s. 2. but by
4 Geo. III. c. 12, this offence is made felony, and
punishable with transportation for seven years, s. 5.
By 19 Geo. II. c. 22, masters of vessels, &c.
casting- out rubbish, &c. within any sewer, port or
navigable river, except on the land where the tide
never flows, any one justice may summon the of-
fender, and on due proof on view, by confession or
oath of one witness, the master or person acting as
master, shall forfeit not above ,^5. nor less than
50s. (increased to <^10. by 54 Geo. III. c. 149, be-
sides the charges of removing the obstruction, s. 1 1,
12, 13.) half to the informer and half to the poor of
the parish wherein conviction shall take place; to
be levied by distress on the goods of the offender,
or of the ship or tackle, or for want of distress the
party to be committed to the common gaol or house
of correction for two months or until payment
made. If any vessel shall be sunk, stranded or
\
'3G JRivers and Navi^cition.
o
run ashore in any harbour, port or navigable river,
one justice, if the owner shall not within five
days give security to the justice to clear the har-
bour, &c. of the wreck, and pay the charges there-
of, may cause the hulk and tackle to be sold,
and afterpayment of the expenses, shall render the
overplus to the owner, s. 3. Justices may act
though rated to the poor, and conviction to be
final, s. 45.
By 54 Geo. III. c, 149, ^^ private ship without
license, unless from stress of weather, to fasten to
any of His Majesty's moorings, under penalty of
^10. for every tide such ship shall remain moored,
and for neglecting to unmoor when duly required,
to forfeit a further penalty of ^10. s. 4.
If any private ship shall by accident or otherwise
hook any of His Majesty's moorings, the master
thereof shall not unhook the same, under penalty
of ^10. but shall give notice to the harbour mas-
ter, and a sum not exceeding JC5. shall be paid
by the owner of such ship, for the expense of clear-
ing such ship, to be adjudged by one justice, s. 5.
Places to be appointed by the Lord High Admi-
ral for breaming ships, and leaving and receiving
gunpowder; and any owner, pilot, &c. of any pri-
vate ship coming (except from stress of weather)
within the distances appointed, having on board
more than 5lb. weight of gunpowder, and shall not
unship the same within 24 hours, to forfeit JO^. for
every 5lb. weight of gunpowder, s. 6. and for
Search TVarrant, 7^7
breaming such ships except at places to be ap-
pointed, a penalty of ^5. s. 7.
Keeping guns shotted in any port, &c. incurs a
penalty of 5s. for every gun ; and for every gun
fired before sun rising or after sun setting, 10s. for
each gun so fired, s. 8.
Harbour master, &c. is authorized to search ships
for the purposes aforesaid, and obstructing such
search incurs a penalty of ^10. s. 9. No person,
except duly authorized, to sweep for anchors or
other naval stores in any ports, &c. under penalty
of ^10. s. 10.
No person to take ballast from the shores of
harbours, &c. without authority, under penalty of
^10. s. 14. and tarpaulins to be used in conveying
ballast to ships, under penalty of £b. s. 15.
All penalties to be sued for within twelve months
next after the offence, half to the King and half to
the informer; commissioners of the navy may act
as justices of the peace, and hear and determine
offences. ^.21.
Penalty for witnesses not attending on being
summoned, ^^^lO. i*. 24.^
SEARCH WARRANT.
A justice cannot upon bare surmise grant a
search warrant to break open a house, but may on
oath of suspicion that the goods are in a particular
house; the warrant may be to attach the goods
738 Search TVarrant.
and brin^ the party in whose custody they are
found, before him or some other justice, to give an
account how they were come by. Q, H. H. \ 13, 150.
By 22 Geo. III. c. 58, one justice, on complaint
made on oath that there is reasonable suspicion of
stolen goods being* concealed, may by warrant
cause any house, &c. where they are suspected to
be deposited, to be searched in the day time, and
the person knowing-ly concealing them, or in whose
custody they are found, he being privy thereto,
shall be guilty of a misdemeanor, and may. on con-
viction, be punished by the quarter sessions, by fine,
imprisonment or whipping, s. 1, 2. though the sta-
tute stipulates that the search should be made in the
day time, yet if the facts are proved, by positive
testimony, the warrant may be executed in the
night. — The warrant should be directed to a con-
stable or other peace officer, and not to a private
person; but the party complaining should be pre-
sent in order to identify the goods. 2 H. H. 150. —
If the door of the suspected house should be shut,
the officers on demand, and refusal to be admitted,
may break open the door. 2 H. H. 151. and he is
justifiable even though the goods are not found;
but the party at whose suggestion the warrant is
granted is punishable. Ibid.
A person carrying suspected goods in the night
may be apprehended by any constable within his
constablewick, or watchman on duty, and carry the
party before a justice^ who may on conviction im*
Search TVarrant. 7^9
prison the offender not more than six nor less than
three calendar months. 22 Geo. II [, c. 58, s. 3.
Upon the constable s returning the warrant, the
stolen goods are to be deposited with the sheriff or
constable, that the party robbed may, by indict-
ment, gain restitution. 2 H. H. 151. — If the party
in whose custody the goods are, is ignorant that
they were stolen, he may be discharged; but should
be bound over to give evidence. — If it appears that
he was privy to the theft, he may be committed to
answer the felony. 2 H. H. 152.
Information to obtain a Search Warrant for Stolen Goods.
to wit. Be it remembered that this day of ,
in the year of our Lord 1817, A. B. of , in his proper
person cometh before me J. C. Esq. one of His Majesty's
justices &c. and upon oatJi maketh complaint that on the
day of [or within days, as tlie fact is] , divers goods
and chattels of him the said A. B. of the value of , to wit
[describe the things stolen] , were feloniously stolen, taken and
carried away from and out of the dwelling house of him the
said A. B. situate at aforesaid in the county aforesaid, by
some person or persons unknown, and that he hath just and
reasonable cause to suspect and doth suspect that the said goods
and chattels, or some part thereof, are concealed in the dwell-
ing house of E. F. of in the said county, labourer, for he
the said A. B. upon his oath doth depose and say that [stale the
grounds of suspicion luhichmust be reasonable], and thereupon
he the said A. B. prayeth that justice may be done in the
premises.
A. B.
Taken before me,
J. C.
B B B 2
740 Sedition,
Search IVanant.
To the Constable of ■
- to wit. Whereas it appears to nie, J. C. Esq. one of
the justices of our Lord the King assigned to keep the peace
in the said county, by the information and complaint on oatli
of A. B. of &c. that the following goods, to wit [describe the
stolen articles'], have within — — days last past, by some person
or persons unknown, bpen feloniously taken, stolen and carried
away out of the house of the said A. B. at in the county
aforesaid; and that the said A. B. hath probable cause to sus-
pect and doth suspect that the said goods or part thereof are
concealed in the dwelling house of E. F. of &c. These are
therefore in the name of our said Lord the King to authorize
and require you, with necessary and proper assistants, to enter
in the day time into the dwelling house of the said E. F. at &c.
and there diligently to search for the said goods; and if the
same or any part thereof shall be found upon such search, that
you biing the goods so found, and also the body of the said
E. F. before me or some other of the justices of our said Lord
the King, assigned to keep the peace in the county aforesaid,
to be disposed of and dealt with according to law.
Given under my hand and seal, the day of , 181 /.
J. C.
SEDITION.
All societies to be deemed unlawful, the members
whereof are required to take any unlawful oath.
37 Geo. III. c. 123. or any illegal oath or test,
or which shall have any members, committees or
officers not known to the society at large, or the
names of all the members whereof shall not be en-
tered in regular books, or which act in separate
branches and members thereof^ and persons cor-
Sedition. 741
responding" with or supporting them, shall be guilty
of an unlawful combination. 39 Geo. III. c. fd,
s. 1, 2. but not to extend to declarations taken by
any society approved by two justices and confirmed
by the sessions; nor to extend to freemasons.
s. 5,6. Offenders against this act may be proceeded
against either before one justice or by indictment,
and persons may be convicted on the oath of one
witness, and shall forfeit ^20. or suffer three months
imprisonment, as such justice shall think fit; which
penalty, with costs, may be levied by distress and
sale ; and if no distress, the offender to be com-
mitted to the common goal or house of correction
for not exceeding three calendar months, s. 8. —
Justices may mitigate, so as not to reduce the fine
or imprisonment to less than one-third, s. 9. but
offenders prosecuted before a justice shall not be
proceeded against by indictment, s. 10. — Any per-
son permitting such unlawful meeting to be held in
his house or apartment, shall forfeit =£5. s. 13. and
two justices on oath of an unlawful meeting at a
licensed ale house, may declare the license for-
feited. 6'. 14. Places for lecturing, debating, &c.
deemed disorderly, unless licensed by two justices
at the quarter or special sessions. — Persons open-
ing such places, acting as chairman, debating, or
collecting money for admission, to forfeit ,^20. for
every offence, s. 15. — And persons appearing as
master may be prosecuted, although not the owner.
s. 16. — Justices may demand admission to such
B B B 3
742 Sedition,
house, and if refused, the place to be deemed dls-
ordei'ly, and the person refusing shall forfeit ^20.
s. 19. — Two justices on evidence on oath that sedi-
tious or immoral lectures are delivered in any li-
censed place, may declare the license forfeited.
s. 20.
Printers to give notice in writing to the clerk of
the peace of the number of their presses; and per-
sons keeping presses or types without notice, or
using them in any place not expressed therein, ta
forfeit ^20. s. 23. — Sellers of presses and types,
and letter-founders, are liable to the same regula-
tions and forfeitures, s. 25. — An account to be kept
of types and printing presses sold, and to whom, to
be produced to any justice when required, under a
penalty of <^2(). s. 26. — The name and place of
abode of the printer to be printed on every paper
or book, under a penalty of ^20. (papers printed
by authority of Parliament excepted), s. 2*/.
Printers to keep a copy of every paper they print,
and to write thereon the name and abode of their
employer, on pain of <^20. for neglect, or refusing-
to produce the copy within six months, s. 29. — Any
person in whose presence a printed paper shall be
sold without the name and abode of the printer, may
seize the party, and convey him before a justice.
6. 30. but not to extend to engraving or printing
cards of address, nor to catalogues or particulars for
sales of estates, &c. 6-. 31, 32. — A justice may em-
power a peace officer to search for presses and
Sedition, 7^3
types suspected to be illegally used, and to seize
them and the printed papers found. 6-. 33. — Prose-
cutions to be commenced within three months after
the penalty is incurred. 6-. 34. — If the penalty does
not exceed ^20. it may be recovered before any
justice, who may levy the same by distress, and in
default thereof, may commit the party for not more
than six nor less than three calendar months ; one
moiety to the informer, and the other to the King-.
s. 36.
By 51 Geo. III. c. 65, the act of 39 Geo. IIL
for suppression of seditious societies, is amended.
Persons printing or publishing papers or books
contrary to the provisions of that act, are not to be
liable to more than twenty-five penalties for any
number of copies of the same book or paper, s. 1.
and justices may mitigate penalty to not less than
^5. besides costs, s. 2. Name and residence of
printers not required to any bank note, bank post
bill, bill of exchange, or promissory note, bond for
money, bill of lading, policy of insurance, letter of
attorney, deed or agreement, transfer or assignment
of stocks, funds or securities, dividend warrant,
receipt for money or goods, proceedings in law
or equity, warrant or other papers printed by any
public board, &c. Appeal to the next sessions al-
lowed against conviction within twenty days after
making thereof, and giving six days notice to the
party prosecuting. 6-. 4.
All pecuniary penalties, whether recovered before
B B B 4
744 * Sedition.
justices or by action, shall go half to the informer
and half to the King", s. 36.
[The act 52 Geo. III. c. 162, authorizing- justices
to search for and seize concealed arms, expired on
the 25th of March, 1813, and has not been revived.]
Conmction of an unlawful Combination and Confederacy.
to wit. Be it remembered that on the day of
, in the 57th year of the reign of His present Majesty,
George III. A. B. of in the said county, is duly convicted
before me [or us] of His Majesty's justices of the peace
for the county of , in pursuance of an act passed in the
39th year of the reign of King George III. intituled, " An Act
for the more effectual suppression of Societies established for
sedition and treasonable pi*actices, and for better preventing
treasonable and seditious practices;" for that he the said A. B.
after the passing of the said act, to wit on the day of ,
at , did, contrary to the said act, become a member of [or,
as the case may be, act as a member of, or maintain corres-
pondence or intercourse with, or, by contribution of money or
ofhencise abet or support] a society [describe the society],
which society is an unlawful combination and confederacy,
within the intent and meaning of the said act; wherefore I [or
ice] the said justice do adjudge, that he the said A. B. do pay
[or, be imprisoned] as a penalty for his offence, in pursuance of
the said act.
Given under niv [or our] hand and seal the day of
, I8I7.
J. C.
Adjudication of a Forfeiture of Ale- House License,
to wit. Be it remembered that on this day of
, in the 57th year of the reign of His present Majesty,
A. B. being a person licensed to sell ale, is duly convicted
before us, two of His Majesty's justices of the peace for the
county of , in pursuance of an act of the 39th year of the
reign &c. [set forth the title of the act], for that he the said
Servants, ^Ab
A. B. on the day of , at , did permit a meeting'
of a society [describe the society], which is an unlawful com-
bination and confederacy, within the intent and meaning of the
said act, to be held at , being the house of the said A. B.
wherein the said A. B. is licensed to sell ale [o?- as the case may
he]; wherefore we the said justices do adjudge and declare that
the license is for such offence forfeited.
Given under our hands and seals, the — ^ day of , 181 7.
J. C.
S. P.
Commitment, on 37 Geo. III. c. 123, for taking unlaicf id OatJis.
To the Keeper of .
Receive &c. charged with feloniously taking a certam
oath or engagement, purporting and intending to bind the said
A.B. not to reveal or discover a certain unlawful combination
and confederacy made between the said A. B. and divers other
evil disposed persons, (he the said A. B. not being compelled to
lake the said oath or engagement,) against the statute, &c.
SERVANTS.
By 5 Eiiz. c. 4, s. 4, all unmarried persons, and
married under certain ages, are compellable by two
justices to go to service to certain trades, &c. under
certain qualifications ; but this part of the act is now
become obsolete by general usage, though not re-
pealed.
No person who shall retain any servant shall put
away his said servant before the end of his term,
unless for reasonable cause to be allowed by one
justice, or who shall put him away before the end
of his term without a quarter's warning, under a
penalty of 40s. s. 5, 6, 8. and if any servant retained
74B Servants,
according to this statute shall depart his service be-^
fore the end of his term, unless for reasonable
cause as aforesaid, or at the end of his term with-
out a quarter's warning, he shall on conviction be-
fore two justices be committed to ward until he
shall be bound to serve and continue for the wages
that shall be then limited, s. 9. Half the penalties
to the King and half to the person who shall sue ;
they may notwithstanding part by consent, or make
a special bargain; but by 53 Geo. III. c. 30, the fix-
ing the rate of wages by justices is repealed. If a
woman servant marry, yet her husband cannot take
her out of her master's service during her term.
Dalt. c. 58. and she must serve out her time.
Fitz. N. B. 168.
If a person retain a servant generally, the law
construes it to be for a year. 2 Inst. 42. If a ser-
vant be under age, his agreement to his disadvan-
tage shall not prejudice him. Dalt. c. 58. but if to
his benefit, it is good. If a servant retained for a
year happen to fall sick or to be hurt during his ser-
vice, the master must not put him away on that
account nor abate his wages. Jbid.
By 32 Geo. III. c. 56, any person personating a
master or mistress, or his or her executor, adminis-
trator, wife, relation, housekeeper, steward, agent
or servant, and either personally or in writing giv-
ing a false character to a servant, or asserting that
a servant has been hired for a period of time, or in
Servants, 7^7
a station, or was discharged at any other time, or
had not been hired in any previous service, con-
trary to the fact; or any person offering him or
herself as a servant, pretending to have served
where he or she has not served, or with a false cer-
tificate, or who shall alter any certificate, or who
having been before in service, shall pretend not to
have been in service, shall on conviction by two jus-
tices, forfeit 3B20. half to the informer, and half to
the parish; and the informer is declared a compe-
tent witness. 5". 1,7. but appeal allowed to the
quarter sessions, and proceedings not removable
by certiorari, s. 10. and if the penalty, together
with los. costs are not paid, and no notice of ap-
peal given, the party may be committed to the
house of correction for not exceeding three nor less
than one month, or until the sum so forfeited and
costs are paid. s. 6.
A master is not bound to give a servant a cha-
racter, but if he does, it must be a true one. Carrol
V. Bird, .3 Sess. R. 201. and if a bad character is
given, no action will lie for defamation, unless it is
proved false as well as malicious. Bull. N. P. 8.
even though specific fraud is alleged. 1 T. li. no.
A menial servant may be retained or discharged
by parole and without writing. Dalt. c. 58. and
tliough a servant may hire himself for any specific
time, yet if no time is limited, it shall be construed
a hiring for a year. Co. Lit. 42.
748 Servants.
By 20 Geo. II, c. 19, it is enacted, " that all
disputes between masters and mistresses and ser-
vants in husbandry, hired for one year or longer,'*
(and by 31 Geo. IF. c. 14, for a less time than a
year,) " or between masters and mistresses, and
artificers, handicraftsmen, miners, colliers, keel-
men, pitmen, &c. and other labourers employed for
any certain time, or in any other manner,'' shall be
heard and determined by one justice, although no
rate of wages has been made for that year; which
justice may examine on oath such servant, or any
other person, and make such order for payment as
shall be just, provided the sum in dispute does not
exceed j£?lO. with regard to any servant; nor £b.
with regard to any artificer, &c. and in case of
refusal or non-payment for twenty-one days after
determination, the justice may issue a warrant and
levy the same by distress, s. 1 . but appeal allowed to
the sessions, and no certiorari will lie to remove
the proceedings, s. 5, 6. one justice may also hear
and determine any complaint for misbehaviour by
such servant, and may punish the offender by com-
mitment to the house of correction to hard labour
for anv time not exceeding one calendar month; or
by abating his wages, or discharging such servant.
s, 2. and in like manner justice, on complaint on
oath by such servant of ill treatment, may summon
the master, &c. and shall examine the matter, whe-
ther the master appear or not, (proof being made
Servants. 7^^^
of the service of the summons,) and may discharge
such servant, which discharge shall be given under
the hand and seal of the justice. Appeal allowed
to the sessions, whose determination shall be final.
s. 2.
By 6 Geo. III. c. 25, if any artificer, calico
printer, &c. labourer or other person, shall con-
tract to serve for a particular time, and shall ab-
sent himself from his service before its expiration,
or be guilty of any other misdemeanor, any justice
where such offender shall be found, on complaint
on oath by his master or by his steward or agent,
may issue his warrant and examine the complaint;
and on conviction, the justice may commit to the
house of correction for not exceeding three months
nor less than one month, s. 4. Appeal allowed
(except against an order of commitment) to the
next sessions, giving six days notice, and entering
into recognizance within three days after such no-
tice, to try such appeal, and the judgment of the
sessions to be final, s. b.. A master may discharge
his servant without application to a justice, for mo-
ral depravity, as a maid servant for being- with
child. Cald. ca. 11. -^Insanity is not a ground of
discharge without the intervention of a magistrate.
6 T. B. 587.
The operation of the act 20 Geo. II. c. 19, extends
to labourers generally, as well as those enumerated
in the statute. 8 £, R. 113. There are several acts
7^0 Servants.
respecting" the hiring and service, and regulations
in particular manufactures, to which, acts it is ad-
visable to refer in cases coming within their opera-
tion ; but as they do not affect, the law relating to
servants generally, it is not thought necessary to
abstract them. The acts are as follow:
Respecting silk masters and their workmen.
13 and 14 Car. II. c. 15.— 20 Car. II. c. 6.—
8 and 9 fFin. c. 36. — 13 Geo. III. c. 68.-32 Geo. III.
C. 44. — 51 Geo. III. c. 7.
Clothiers and their workmen. 4 £d. IV. c. 1 . —
7 J. c. 7. — 10 Ami, c. 16. — 1 Geo. st. 2, c. 15. —
13 Geo. c. 23. — 29 Geo. 11. c. 33. — ^30 Geo. II. c. 12.
— 14 Geo. III. c. 25.
Woollen, linen, fustian, cotton, and iron manu-
factures. 1 Ann, St. 2, c. 18. — 13 Geo. II. c. 8. —
14 Geo. III. c. 44.
Leathern manufactures. 13 Geo. II. c. 8.
Hat, woollen, linen, fustian, cotton, iron, lea-
ther, fur, hemp, flex, mohair or silk manufactures.
12 Geo. c. 34 — 22 Geo. II. c. 27. — 15 Geo. III. c. 14.
—17 Geo. III. c. 56.
Cotton manufactures. 39 and 40 Geo. III. c. 90.
—44 Geo. III. €. 87.
Blond and thread-lace manufactory. 19 Geo. III.
c. 49.
Clocks and watches. 2"^ Geo. II. c. 7.
Paper-makers. 36 Geo. III. c. 111.
Masters and servants in husbandry, artificers,
handicraftsmen, miners, colliers^ keelmen, pitmen.
Servants, *Jh\
glassmen, potters and other labourers. 20 Geo. II.
c. 19, and 6 Geo. III. c. 25.
Ship-masters and their seamen. 2 Geo. II. c. 36. —
31 Geo. III. c. 39.
Tailors and their workmen, within the bills of
mortality. 7 Geo. st. \, c. 13. — 8 Geo. III. c. 17.
Shoemakers, within the bills. 9 Geo. c. 27.
Combination amongst workmen. 39 and 40
Geo. III. c. 16; and see title " Combination^
Com.plaint of a Servant for Wages, on 20 Geo. II. c. 19, and
31 Geo. II. c. 11.
To the Constable of .
■■' to wit. The information and complaint of A. B. late
of in the county aforesaid, husbandman, exhibited before
me S. P. Esq. one of His Majesty's justices of the peace for
the said county, the day of , in the year of our Lord
181 7, who on his oath saith, that at Easter last he was hired
by his master C. D, of aforesaid in the county aforesaid,
to be his servant in husbandry for the term of one year [or as
the case is], for the wages of ; that he the said A, B. hath
duly performed the said service, and that he the said C. D.
hath refused to pay to him the said A. B. the wages justly
due unto him for the said service; and thereupon he the said
A. B. prayeth that justice may be done, and that the said
C. D. may be summoned before me the justice aforesaid, to
answer unto the said complaint.
Exhibited before me,
S. P.
*f
52 Sti'vants.
Summons to the Master.
To the Constable of
to wit. Whereas information and complaint hath
been made unto me S. P. Esq. one of His Majesty's justices
of the peace in and foi- the said county, upon the oath of A. B.
late of in the county aforesaid, husbandman, that at
Easter last he the said A. B. was hired by C. D of in the
said county, to be his servant in husbandry for the term of one
year, for the wages of — — -, and that he the said A. B. hath
duly performed the said service, and that the said C. D. doth
refuse to pay him the said A. B. the wages justly due to him
for the said service : These are therefore to command you
forthwith to summon the said C. D. to appear before me at
. — : — , on the day of -, at the hour of in the
noon of the same day, to shew cause vvliy the said wages
should not be paid; and be you then there to certify what you
shall have done in the premises.
Given under my hand and seal, the — - — day of — ^, 1817.
S. P.
Order for Payment of Wages.
to wit. Whereas information and complaint hath been
made unto me S. P. Esq. one of His Majesty's justices of the
peace in and for the said county, upon the oath of A. B. of
in the said county, husbandman, that he was duly hired
by C. D. of in the said county, farmer, to be his servant
in husbandry for the term of one year, to wit from Easter in
the year 1816, to Easter now last past, for the wages of ,
and tl)at he hath duly performed the said service; yet never-
theless that the said C. D. did refuse to pay him the wages
justly due for such service aforesaid. And whereas the said
C. D. having appeared before me in pursuance of my summons
for that purpose, hath not proved to me that the said wages
have been paid to the said A. B. nor hath shewed to me any
just cause why the said wages should not be paid, [or, and
whereas it appears to me, upon the oath of E. F. constal)le of
—^ — , that he the said E. F. by virtue of my precept to him
Servants, 7^3
directecl, did duly summon the said C. D. to appear before me
at a certain day and time therein stated, to shew cause why the
said wages should not be paid, and the said C. D. hath neg-
lected to appear in pursuance d' the said summons, and hath
not shewed any cause as aforesaid.] I therefore having duly
examined into the truth and matter of the said complaint, and
upon due consideration had thereof, do hereby adjudge, de-
termine and order that the said C. D. upon due notice hereof,
do pay or cause to be paid to him the said A. B. as and for his
wages as aforesaid, the sum of si" which appears to me to
be just and reasonable.
Given under my hand and seal, this — — day of , in
the year of our Lord 181 7.
S. P.
Warrant of Distress for Wages,
To the Constable of .
to wit. Whereas A. B. of in the said county,
husbandman, hath duly complained unto me S. P. Esq. one
of His Majesty's justices of the peace for the said county, that
C. D. of in the said county, farmer, hath refused to pay
unto him the -^ages justly due unto him for service in hus-
bandry, truly and faithfully performed by him the said A. B. to
him the said C. D. And whereas the said C. D. having ap-
peared before me in pursuance of my summons for that purpose,
liath not proved to me that the said wages have been paid to
liim the said A. B. and hath not shewn any just cause why the
same should not he paid [or as in the order for payment.] I
therefore the said justice, upon due consideration had thereof,
on the day of now last past, by writing under my
hand and seal, did thereupon determine and order that he the
said C. D. should pay to him the said A. B. the sum of ^- .
which appeared to me to be just and reasonable to be paid by
him the said C. D. to him the said A. B. as and for his wages as
aforesaid. And whereas it duly appears to me that the said
C. D. on the day of now last past, had due notice
of my said order, and that due demand of the said 'slim of
^ was then made of him the said C. D. by the said A.B.
but that he the said C. D. did not then pay nor hath yet paid
the same nor any part thereof. Tliese are therefore to com-'
C c c
z^-
Servants.
maud you to make distress of the goods and chattels of the said
C. D. and if within the space of [four'] days next after such
distress by you made, the said sum of si , together with
the reasonable cliarges of taking and keeping the said distress
shall not be paid, that tlien you do sell the said goods and
chattels so by you distrained, and out of the money arising by
the sale thereof, that you pay the said sum unto tlie said A. B.
returning the overplus upon demand unto tlie said C. D. the
reasonable charges of taking, keeping and selling the said dis-
tress being thereout first deducted.
Given under my hand and seal &c.
S. P.
Complaint of a Master against a Servant for Misbehaviour.
to wit. Be it remembered that this day of
in the year of our Lord 1817, E. F. of in the county
aforesaid, husbandman, complaineth and maketh oath before
me S. P. Esq. one of His Majesty's justices of the peace in
and for the said county, that G. H. late of aforesaid in
the county aforesaid, servant in husbandry to him the said E.F.
hath in his said service [or employment] been guilty of divers
misdemeanors, miscarriages and ill l)ehaviour towards the said
E. F. and particularly [set forth the complaint] and thereupon
the said E. F. prayeth that justice may be done.
E. f:
Exhibited hefote me,
S. P.
Warrant to the Servant thereon.
To the Constable of .
to wit. Whereas information and complaint hath been
made unto me S.P. Esq. one of His Majesty's justices of the
peace in and for the said county, upon the oath of E. F. of
in the said county, husbandman, that G. H. of
aforesaid, artificer [labourer, or as tliefact is], hath in his said
service [or employ] been guilty of divers misdemeanors, mis-
carriages and ill behaviour towards the said E. F, and parti-
Ssrva7ifs, 7^5
(Eularly [describe tJie fact.] These are therefore to command
you forthwith to bring the said G. H. before me, to answer
unto the said complaint, and to be further dealt with according
to law.
Given under my hand and seal &c.
S. P.
Commitment thereon.
To the Constable of in the county of , and to the
Keeper of the House of Correction at in the said county.
to wit. Whereas information and complaint hath been
made unto me S. P. Esq. one of His Majesty's justices of the
peace in and for the said county, upon the oath of E. F. [as in
tlie icarrant.] And whereas in pursuance of the statute in that
case made and provided, I have duly examined the proofs and
allegations of both the said parties touching the matter of the
said complaint, and upon due consideration had thereof have
adjudged and determined, and do hereby adjudge and determine
the said complaint to be true, and that the said G. H. hath in
his service been guilty of divers misdemeanors, miscarriages
and ill behaviour towards him the said E. F. and particularly
[set forth the particular offencel, and I do therefore convict
him of the said offence in pursuance of the statute in that case
made and provided. These are therefore to command you the
said constable forthwith to convey the said G. H. to the said
house of correction at aforesaid, and to deliver him to the
keeper thereof, together with this warrant. And I do hereby
command you the said keeper to receive the said G. H. into
your custody in the said house of correction, there to remain
and be corrected and held to hard labour for the space of [the
time as the case may be] from the date hereof. And for so
doing this shall be your sufficient warrant.
Given under my hand and seal &c.
S. P.
f If tlie yunishment he an abatement of Wages, say )
I do therefore hereby order as a punishment for the said of-
fence, that the said G. H. shall abate from his wages to be
C c c 2
fSG Servants,
paid to liim by the said E. F. tlic sum of , and do hereby
discharge the said E. F. from the payment of the said sum of
-r as part of the wages of him the said G. H.
Given under my hand and seal, &c.
(Or he may be discharged , then say)
J do therefore order as a punishment fortlie said offence, that
the said G. H. be discharged, and do hereby discharge him the
said G. H. from his said service, and the said E. F. from keep-
ing him the said G. H.
Given &c.
Complaint of a. Servaut agaimt tJie Master for ill usage.
to wit. Be it remembered that this day of ■
in the year 1817, A. B. of in the county aforesaid, hus-
bandman [labourer ^-c.] complaineth and maketh oath before
me S. P. Esq. one of His Majesty's justices of the peace in and
for the said county, that at Michaehnas last he the said A. B.
was hired by CD. of in the county aforesaid, husbandman,
to be servant in husbandry to him the said C. D. for the space
of [as the case shall be] and that he the said A. B. did accord-
ingly at Michaelmas last as aforesaid, enter upon and afterwards
until this present time hath continued and doth continue in the
said service [or employ meni]; and that he the said C. D.
during the said service hath misused him the said A. B. and
particularly [here set forth the special offences.'] And thereupon
the said A. B. prayeth that justice may be done in the premises.
Exhibited before me,
S.P.
Summons to the Master thereon.
To the Constable of .
to wit. Whereas complaint hath been made unto me
S. P* Esq. one of His Majesty's justices of the peace in and
for the said county, upon tlie oath of A.B. of in the said
county, husbandman, [labourer ^x.] that he was duly hired by
C. D. of in the county aforesaid, farmer, at Michaelmas
last, to him the said CD. to be a servant in husbandry for the
term of one year, to commence from Michaelmas now last past;;
that he did accordingly at the time aforesaid enter upon and
Servants. 7^7
afterwards until this present time hath continued and dotli con-
tinue in tfie said service [or employment], but that the said C. D.
- during the said service hath misused him the said A. B. and parti-
cularly \l)y refusing him necessary provisions, or havingbeen gtdlty
of crtielty or other ill treatment, stating the particulars]. These
are therefore to require you in His said Majesty's name, to
summon tiie said C. J), by shewing unto him tliis precept or
leaving a true copy thereof at his usual place of abode, to appear
before me on the day of , at — in the said county,
at the hoin- of in the noon of the same day, to answer
unto the said complaint. And be you then there with this
precept to certify what you shall have done in the execution
thereof. '
Given under my hand and seal, the day of , 1817^'
S. P,
Discharge of the Servant thereon.
(The same as before to the end of the Complaint.)
And whereas the said C. D. in pursuance of my summons for
that purpose hath appeared before me to answer unto the said
complaint, but hath not proved that he is not guilty of the said
complaint and cliarge; but on the contrary it hath been fully
and duly proved before me, that he the said C. D. hath misused
him the said A. B. in his service as aforesaid, and particularly
[here set forth the special offence or offences.]
Or, And whereas it appears to me upon the oath of E. F.
constable of aforesaid, that he the saitl E. F. by virtue of
my precept to him directed, did duly summon him the said C. D.
to appear l)efore me at a reasonable time therein prefixed to
answer unto the said comj)Iaint, and he the said C. i). hath
neglected to appear according to the said summons; And
whereas it hath been fully and duly proved before me, that he
the said C. D. hath misused him the said A. B. in his service as
aforesaid, and particularly [here set forth the particular offence
or offences] : 1 do tiierefore liereby order, in pursuance of the
statute In that case made and provided, that the said A. B. be
discharged, and do hereby discharge him the said A. B. from
his said service [or emphynient] .
Given under my hand and seal, the-—— day of———, 1817.'
S. P. •
C c c 3
758 Sessions*
Complaint, on 6 Geo. III. c. 25, against a Person absenting;
himself from his Master's Service before his Contract is com^
pletedf or other Misdenieanor.
To the Constable of in the county of , and to the
Keeper of the House of Correction s^t in the said
county,
to wit. Whereas information and complaint hath been
made unto me S. P. Esq. one of His Majesty's justices &c.
upon the oath of A. B. of in the said county, husbandman,
[or as the fact is'], that C. D. late of aforesaid, servant in
husbandry to him the said A. B. hath in his said service been
guilty of divers misdemeanors towards him the said A. B. and
particularly [state the special cause, or hath absented himself
from his said service of the said A. B. before the time oj his
contract with the said A. B. was completed], and therefore her
the said A. B. prayeth that justice njay be done,
A. B.
Taken before me,
S. P.
[The warrant, commitment, order for abatement
of wages and discharge of the servant, may be in
the same forms as p. 7^4, 5 and 6.]
SESSIONS,
The sessions of the peace are distinguished as
general and quarter sessions ; the latter are those
which are held quarterly, and the former are held
at any other time for the general execution of the
justices* authority. Those sessions which are con-
vened for a particular purpose, are called special
Sessio7is. 7^^
sessions. The meeting- of justices acting in a par-
ticular division or district, witliout being formally
or specially convened, is denominated a petty ses-
sions. The sessions have cognizance of all offences
tending to a breach of th€ peace, except forgery
and perjury. 2 £. li. \8.
In all cases where two justices may do an act, the
sessions may do the same, except where an appeal
is directed to the sessions. 1 Ld. Rcnj.AlQ. but the
sessions cannot suppress an ale-house license, ex-
cept for disorderly conduct. 3 Salk. 470.
Justices may issue warrants for the apprehension
of persons charged with crimes cognizable by the
sessions, and bind the parties to appear there.
1 H. H. 579. The sessions are not compellable to
give any reason for the orders they make. 2 Salk.
V)Oy. and orders made at the sessions may be altered
at the same sessions. Ibid. 60G'. If upon any ques-
tion or order, the justices are equally divided, the
same shall be adjourned till the next sessions,
1 Sir. 383-1. The sessions cannot be compelled to
state a special case. 2 Jiott. 73, /;/. 88/. and the
Court will not send a case to be re-stated upon a
mere informality. 1 T. li. 41. Th'3 sessions may
.be compelled by j/tandami/s to allow costs on an
appeal. 2 Sess. Ca. 64. but the session cannot order
costs on the mere adjournment of an appeal, with-
out hearing it, and they must give costs or refuse
them at the time of making their order. 2 Bott. *jb6,
vl. 913. The sessions cannot award an attachment
C c c 4
^60 Sessions-.
for disobedience of their orders, but the party must
be indicted; nor can they commit for non-payment
of fees, the only remedies are indebitatus asaumpsit
if the fees are fixed; if uncertain quantum meruit.
2 Ld. Ray. 703.
Justices are not punishable for what they do in
sessions, unless for manifest corruption or wilful
abuse of power. 2 Barnard, 249.
Condition of a Recognizance to appear and give Evidence^
where the King is a party.
The condition of this recognizance is such, that
if the above bound A. B. shall personally appear at the next
general quarter sessions of the peace to be holden at in
the county of , and then and there give such evidence as
he knoweth against C. D. concerning his feloniously taking and
carrying away , the property of E. F. and do not depart
thence without leave of the said court, then this recognizance
to be void.
Notice of Pleading Guilty to an Indictment at the Quarter
Sessions.
The King against A. B.
Mr. C. D.
Take notice that I shall appear at the next
general quarter sessions of the peace, to be holden at in
and for the county of , at the hour of in the
noon of the same day, and will then and there plead guilty to
and confess the said indictment by you preferred against me for
an assault. Dated the day of 181 7.
A. B.
Sheep, 7^1
Notice of Trial of Traverse at the Quarter Sessiom^
The King V. A. B.
Mr. C. D.
Take notice that I intend to appear at the next
general quarter sessions of the peace, to be holden [as before],
on the day of instant, at o'clock in ihe
noon of the same day, and shall then and there enter :.nd
try my traverse upon the indictment you have preferred against
me for assaulting you. Dated the day of y 1 817-
A. B.
Notice to the Prosecutor from a Defendaut, in custody for an
Assault jor want of Bail, of his intention to plead Not
Guiltxj to tlie Indictment to be preferred, and io enter
and try his Traverse the same Session.
Mr. C. D.
Take notice that if the bill of indictment you
are bound by recognizance to prefer against me, for an assault
on you, at the next general quarter sessions of the peace to be
holden &c. shall be found a true bill, tbcn I intend to plead
Not Guilty to the same, at the same sessions, and thereupon to
enter and try my traverse to the said indictment immediately at
the said sessions.
Your's &c.
A. B.
SHEEP.
Persons maliciously and wilfully killing- sheep in
the night, are ^ilty of felony; but the offender
may elect to be transported seven years; and three
7^^^ Sheep.
justices may hear and determine the same. 22 and
23 Charles 11. c. 7, s: 2. but by the Black Act,
9 Geo. c. 22, maliciously killing- or maiming a/if/
cattle, is felony without benefit of clergy.
Persons stealing sheep or lambs, or killing with
intent to steal the carcase, or assisting in commit-
ting these oftences, are guilty of felony without be-
nefit of clergy. 14 Geo. 11. c.6, s. 1. — 15 Geo. 11.
c. 34. and persons apprehending offender to have
^10. reward, 14 Geo. 11. c.6.
Any person turning out scabbed or mangy sheep
on any common, waste, &,c. shall on conviction,
by confession or oath of one witness, before one
justice, forfeit not more than ^10. nor less than
20s. 38 Geo. 111. c. 65, 6". 1. — Sheep, and lambs
three months old, to have a certain mark before
turned out, under a penalty of 2s. for every time
turned out without it. i?. 2. — A justice, upon com-
plaint of any person having right of common, may
issue his warrant to the constable, to have sus-
pected sheep examined. 6.3. and if not found in-
fected, the sheep to be returned, and the justice
may award reasonable costs to the owner; but if
found defective, the sheep to be impounded, marked
with an S. and the left ear cut horizontally not
more than an inch, and returned to the owner, wiio
shall pay the expenses. 6*. 4. — Destroying the marks
or not restoring them when effaced, incurs a pe-
nalty of not exceeding 20s. nor less than 2s. for
each sheep, s. 5. and if the owner do not take awuy
i
Sheep. 763
the sheep so marked within five days, a justice
may, by warrant, direct a sale of them, and the mo-
ney to be paid to the overseers of the poor, to be
applied in aid of the poor's rate, unless the owpef
claims it in twelve months, ^. 6. — The penalties in
this apt to be levied by distress and sale, by war^
rant of one justice, on conviction by confession, or
on oath of one witness; but appeal allowed to the
session, which shall be holden after the end of four
calendar months from the thne the matter of appeal
arises ; the decision of the session to be final, s. ^,
ConvUtiQ)} under this Act.
to wit. Be it remembered that on this day of
, in the 57th year of the reign of His present Majesty &c.
A. B. is convicted before me S. P. Esq. one of His Majesty's
justices of the peace in and for the county of , by virtue of
an act of parliament made in the 38th year of the reign of King
George 111. intituled " An Act for preventing the depasturing
of Forests, Commons and open Fields, with Sheep or Lambs
infected with the scab or mange, in that part of Great-Britain
called England," [sfatethe offence and the time and place when
commuted;] and I the said 8. P. do ijdjudge him to fprfcit and
pay for the same the sum of .
Given under my hand and seal, the day of , 1817.
S. P.'
Adjudication.
to wit. Upon the report of A. B. on oath this
■ day of , in the year of our Lord 1817, made unto n\^
S. P. Esq. one of His Majesty's justices of the peace in and
for the county of , respecting certain sheep [and lambs']
detained [or impounded] in ■ in the parisii of in the
said county, by virtue of a warrant under my hand and seal, I
764 Sheriff, — Shire-Hall
the said S. P. do hereby adjudge that such sheep {and lamhs]
belonging to C. D. [or the owner being unknoivn'], appearing to
me to be infected with the scab or mange, be marked forth-
with, according to the directions of an act made in the 38th
year of the reign of King George III. [set forth the title as
before.]
Given under my hand and seal, the — — day of , 1817.
S. P,
SHERIFF.
A justice of the peace may direct his M'arrant to
the sheriff, who is bound to execute it though not
personally. 2 Haw. c. 13, s. 29. — He is also bound
to attend the sessions of the peace, there to return
his precepts, take charge of the prisoners, and re
ceive the King's fines. 2 Haw. c. 8, s. 45. He is
punishable by the justices in sessions for default in
neglecting to execute their writs or precepts.
2 Haw. c. 22, 6". 2. A sheriff though he cannot act
as a justice of the peace, is nevertheless a conserva-
tor of the peace, and may, ea: officio, take surety for
the peace. 2 Haw. c. 8, s. 4. — He shall not exe-
cute the office of justice of the peace whilst sheriff.
SHIRE-HALL.
Justices in sessions on presentment of the grand
jury, may order the shire-hall to be repaired when
they think fit, the money for so doing to be levied
as other county rates. 9 Geo. IIL c, 2, s. 1. but
Slander. — Soldiers, f^^
sudden repairs, not exceeding ^30. may be or-
dered by two justices on view. s. 3.
By 14 Geo. III. c. 59, the justices in their quar-
ter sessions may direct the shire-hall or other court
of justice, to be properly ventilated at the expense
of the county^
SLANDER.
This crime is not cognizable by justices of the
peace, unless the words used directly tend to a
breach of the peace, in which case the parties may
be bound to their good behaviour. 2 6'aik. 698.
SOLDIERS.
"The regulations respecting the army are con-
tained in the Mutiny Act, which is annual; the
latest 56 Geo. III. c. 10, as far as justices are con-
cerned in it, is here briefly abstracted.
Persons giving a false certificate to excuse sol-
diers from muster, to forfeit ^50. and be cashiered,
s. 43. and persons offering themselves to be falsely
mustered, on proof by two witnesses before one
justice near the place where the muster was made,
may be imprisoned ten days; and persons lending
a horse to be falsely mustered, to forfeit the horse
to the informer, and JB20. to be levied by distress;
and in default commitment to prison for three
'i(66 Soldiers.
months, or public whi])ping^, at the discretion of th
justice, the whole penalty to the informer, s. 46.
Persons agg-rieved by having- soldiers improperly
quartered upon them, may complain to a mag-is-
trate, who may grant redress, if necessary. ^. 4S.
Magistrates to grant or transfer licenses for sell-
ing ale, &c. to any person applying for the same,
who shall hold any canteen under any lease or
agreement, without regard to the time of year, or
any certificates required on application for li-
censes, s. 52.
No justice holding a military of^te or commis-
sion to act in billeting soldiel'S. s. 54.
Dragoons quartered on persons having no stablest
tnay, on complaint to two or more justices, be re-
moved to those who have, on paying a reasonable
allowance to the person to whom such horses shall
be removed, s. 58. and dragoons and their horses
to be billeted in the same houses, s. 59.
Constables or other officers taking money from
any person to excuse him from quartering, or who
shall refuse or neglect to billet, or victualler re-
fusing to receive or victual any officer or soldier
quartered upon him, or the regular allowances re-
quired by the act, shall on conviction on oath of
one witness or by confession before one or more
justices, forfeit not exceeding ^5. nor less than
40S. at the discretion of the justice, to be levied by
distress and sale. s. 62. Justices may order con-
stables to give an account of the number of soldiers
i
Soldiers. fGJ'
quartered, and the names of persons upon whom
they are quartered, to prevent abuses in billeting-.
6\ 63. Justices may at the request of any officer
extend routes or enlarge quarters for billeting
troops, s. 64. Constable quartering- soldiers' wives,
children or servants in any house without consent
of the owner, to forfeit 20s. on complaint on oath
to one justice, who may levy the same by distress.-
Any justice may summon a non-commissioned
officer or private having a wife and child or chil-
dren, to be examined as to their parochial settle-
ment; and such justice to give an attested copy of
affidavit to the person making the same, which copy
shall be evidence as to such settlement, s. 70.
Justices to issue warrants to constables to pro-
cure carriages to convey troops, and to specify
therein the places, &c. to which the carriages
shall travel; officer forcing waggons, &c. to travel
further than the place specified in the warrant, to
forfeit ^5. on proof on oath before two justices,
to be paid by paymaster of the forces, and deducted
by him out of the officers pay; and if carriages
cannot return the same day they are impressed, the
justice who granted the warrant may allow further
compensation* s. "Jl,
In cases of emergency, saddle horses, four-wheel
carriages or vessels, may be impressed, to be paid
for as justices shall direct, s. 75.
Constables, &c. refusing to execute justice's war-
768 Soldiers, i
rant, oi* demanding- more than the usual sums, and
any person refusing- or neglecting^ to find carriages,
&c. or doing any thing- to frustrate the execution
of the warrant, to forfeit not more than ^5. nor'
less than 40s. to be recovered before one justice,
to be levied by distress, and paid to the poor of the
parish in or near the place where the offence was
committed, s. QQ.
Officers, soldiers, &c. on duty, carriages, &c. ex-
empted from tolls on turnpike roads, bridges, &c.
s. 83.
Justices may discharge persons hastily enlisting J
themselves, on paying the enlisting money, &c.
s. 92.
Any officer destroying game to forfeit ^5. and
for game destroyed by any soldier under his com-
mand, SOS. s. 89.
Persons enlisting, wilfully concealing any in-
firmity, to be punished as rogues and vagabonds.
Persons advertising for recruits without autho-
rity, to forfeit £20, and in default of payment to
be committed to the common gaol for not exceed-
ing three months, nor less than one month, s. ^^.
Apprentice enlisting stating himself not to be an
apprentice, to be imprisoned and kept to hard la-
bour for two years, s. iOO.
No master to claim his apprentice, unless within
one month after he has absconded he shall make
Soldiers. 769
oath of the fact before a justice, and produce a cer-
tificate of such oath. s. 101.
Constable may apprehend any person suspected
to be a deserter, and carry him before a justice,
who may on proof of the fact commit such deserter
to the house of correction or other public prison, or
if in London or Westminster, to the Savoy, s. 115.
Such justice may, if deserter is unable, direct the
expense of conveying him to gaol to be paid by the
treasurer of the county to the constable who ap-
prehended him in the parish and conveyed him to
gaol. 3 Mau. and Sel. 62.
A justice may order a reward of 20s. to be paid
to any person who shall apprehend a deserter; such
reward to be paid by the collector of land tax.
s. 11 6.
Officers to forfeit ^20. for breaking open any
house without a justice's warrant under pretence of
searching for deserters, s. 118.
A justice of the peace may grant an extension of
furlough to any non-commissoned officer or soldier
on account of sickness; such furlough not to be
extended beyond a month, unless with the consent
of the general officer commanding the district
where such soldier shall be. ^.119. Justice grant-
ing such extension may order parish officers to ad-
vance the pay to such soldiers, which is to be re-
imbursed to them by the collectors of excise, s. 120.
Persons knowingly concealing or harbouring de-
serters to forfeit ^20. on conviction by the oath
D D D
If JO Soldiers.
of one or more witness or witnesses before one jus-*
tice, to be levied by distress, one moiety of the pe-
nalty to the informer, and the other to the agent
of the regiment; if no distress, and penalty not
paid within four days after conviction, the oftender
to be committed to the common gaol for six
months; and if any person shall knowingly detain,
buy, exchange or receive from any soldier or de-
serter any arms, cloaths, furniture, &c. such per-
son to forfeit ^5. or if any person shall buy oats,
hay or forage from any dragoon, or induce him to
sell the same, the person so offending shall forfeit
^5. to be recovered and applied as above; and if
no distress, the offender to be imprisoned for three
months, or be publicly or privately whipped at the
discretion of the justice, s. 149.
By 52 Geo. III. c. 31, the act of 39 Elh. c. 17,
intituled " An Act against lewd and wandering"
Persons pretending to be Soldiers and Mariners," is
repealed.
The act 56 Geo. III. c. 32, fixes the rates of sul>-
sistence to be paid to innkeepers for quartering sol-
diers.
Order for Payment of 20s. for apprehendhig a Deserter.
To the Collectors of the Land Tax for the parish of in
the county of ,
..II . to wit. Whereas A. B. a private [if so] in His Ma--
jesty's regiment of was this day apprehended in the
said parish, and brought before me S. P. Esq. one of His
Soldiers, 77 1
Majesty's justices of the peace in and for the county of ,
by C. D. for deserting from the said regiment, and was by me
committed for the said offence to the common gaol of the said
county, whereupon the said C. D. is intitled, in pursuance of
the act of parliament in that case made and provided, to the
sum of 20s. to be paid by the collectors of land tax of the place
where the said deserter was apprehended, which is to be al-
lowed them by the Receiver General of land tax. And whereas
1 have received authority from His Majesty's Secretary at War
to order the payment of the said sum of 20s. These are there-
fore in His Majesty's name, in pursuance of the said act and
by the authority aforesaid, to require you on receipt hereof to
pay unto the said C. D. the sum of 20s. for apprehending the
aforesaid deserter; and for your so doing this shall be your
sufficient warrant.
Given under my hand and seal, the day of , 1817.
S. P.
Received of Mr. L. M. one of the Collectors of the
Land Tax of the parish of in the said
county, the above-mentioned sum of 20s. by me,
C. D.
Justice's Precept to Constable to provide Carriages, S^c.
To A. B. Constable of .
to vvit. By virtue of an order from the War Office,
signed , this day brought and shewn unto me S. P. Esq.
one of His Majesty's justices of the peace for the said county,
by M. N. lieutenant in Captain O — 's company of His Ma-
jesty's regiment of foot, commanded by , you are
hereby required to provide and furnish sufficient carriages, with
able horses and proper men to drive the same, within your
constablewick, whereby to remove the arms, clothes and ac-
coutrements [or, the q^icers, soldiers, servants, women and
children, as the case is] of the said company on their march
from to in the said county; and with them you are
to appear at aforesaid to-morrow, precisely at of
the clock in the morning. Herein fail you not, as you will
answer the contrary at your peril.
Given under my hand and seal, at , the day of
— , 1817.
S. P.
D D D 2
^'J^ Soldiers,
Extension of a Furlough.
to wit. Forasmuch as A. B. a private in His Majesty's
regiment of foot, now absent from his said regiment on
furlough, hath this day made oath before me one of His Ma-
jesty's justices of the peace in and for tlie said county of ,
that he is unable to travel on account of sickiiess [or, has pro-
duced a certificate from C. D. surgeon, stating that he is un-
able to travel by reason of sickness], and hath for that reason
applied to me to extend his said furlough for three weeks from
the date hereof. Now I, the said justice, finding it necessary
from the facts so stated and proved to extend the said furlough,
do hereby extend the same for the space of three weeks from
the date hereof, pursuant to the statute in that case made and
provided.
Given under my hand and seal, this day of , 181 7.
S. P.
Justice's Order on Parisli Officers to advance Soldier's Pay on
his Furlougli being extended.
To the Churchwardens [or Ovei-seers] of the parish or township
of .
You are hereby required to pay to A. B. [describe
v-hether non-commissioned officer assigned to
keep the peace within the county of , to the Sheriff
of the said county, to the High Constable of ■ •■ " - in the
said county, to the Petty Constables of in the said
county, and to all other the Ministers and Ofllcers of our
said Lord the King within the said county, and to every of
them, greeting.
to wit. Forasmuch as A. B. of the parish of in
the said county, gent, hath personally come before me and hath
taken his corporal oath that he the said A. B. is afraid that
C. D. of the parish of in the said county, yeoman, will
beat bim [or, wound, maim, kill, or do to him some bodily
hnrt], and hath" therefore prayed surety of the peace against
him the said C. D. [or, if' for the good behaviour, that C. D.
of the parish of in the said county, yeoman, hath threat-
ened to do some bodily hurt to him the said A. B.; or, to burn
the house of him the said A. B. and hath therefore prayed
surety for the good behaviour against him the said C. D.] —
These are therefore on the behalf and in the name of our said
Lord the King, to command you, jointly and severally, that
immediately upon the receipt hereof you bring the said C. D.
before me, to find surety as well for his personal appearance at
the next general quarter sessions of the peace to be holdeu at
in and for the said county, as also for his keeping the
peace [or, for his being of the good behaviour] in the mean
time towards the king and all the liege people, and chiefly to-
wards the said A. B.
Given under my hand and seal, at ■ in the said county,
the day of , in the 57th year of tlie reign of our
said Lord George IIL of the United Kingdom of Great Britain
iind Ireland King, Defender of the Faith.
S. P,
Surety for Good Behaviour, 7^7
Another Warrant for the Peace or Good Behaviour,
To the Constables of the town of in the county of — —
and to either of them.
to wit. Forasmuch as A. B. the wife of C. B. of your
said town, labourer, hath required surety of the peace [or, of
the good behaviour], before me S. P. Esq. one of the justices
of our Lord the King, assigned to keep the peace within the
said county, against E. F. of your said town, butcher, and
withal hath taken her corporal oath before me, that she re-
quireth the same not for any private malice, hatred or evil
will, but because she is afraid that he the said E. F. will do to
her some bodily mischief, [or as the case shall be; and if it be
for the good behaviour, then add, and that he the said E. F.
hath threatened to do some bodily mischief to her the said
A. B.] These are therefore in the name of our said Lord the
King, to charge and command you that immediately upon
sight hereof you or one of you do bring the said E. F. before
me to find sufficient sureties, as well for his personal appear-
ance at the next general quarter sessions of the peace to be
holden in and for the said county, as also that he the said E. F.
shall in the mean time keep the peace [or, be of the good be-
haviour], as well towards our said Lord the King as towards all
his liege people, and especially towards the said A. B. Dated
at in the said county, the day of , in the 57th
year of the reign of our said Lord George III. of the United
Kingdom of Great-Britain and Ireland King, Defender of the
Faith.
S. P.
Another Warrant for the Peace or Good Behaviour,
To the Constable of in the county of .
to wit. Forasmuch as A. B. of the parish of In
the county aforesaid, yeoman, hath personally come before me
S. P. Esq. one of the justices of our said Lord the King, as-
signed to keep the peace within the said county, and hath taken
his corporal oath that C, D. of the parish of aforesaid in
£ £ G 2
788 Surety for Good Behaviour,
the county aforesaid, yeoman, hath assaulted, beaten and
wounded him the said A. B. and further hath threatened him
concerning his body, inasmuch that he the said A. B. is afraid
that the said C. D. will beat, wound, maim or kill him the said
A. B. or do to him some other bodily harm; and thereupon he
the said A. B. iiath prayed security of the peace [or, of the good
behaviour] to be had or granted to him against the said C. D.
These are therefore to require you, in the name of our said Lord
the King, immediately upon sight hereof to bring the said CD.
before me to find sufficient sureties for his personal appearance
at the next general quarter sessions of the peace to be holden
in and for the said county, then and there to answer the pre-
mises, and in the mean time that he the said C. D. do keep
the peace \or, shall be of the good behaviour] towards our said
Lord the King and all his liege people^ and especially towards
the said A. B.
Given under my hand and seal, at in the said county,
the day of , in ihe 57th year of the reign of our said
Lord George IIL of the United Kingdom of Great-Britain and
Ireland King, Defender of the Faith.
S. P.
ff' arrant for Good Behaviour, on 34 Edward IIL c. 1.
J. C. and S. P. Esquires, justices of our Lord the King as-
signed to keep the peace within the county of , to
the SherilfF of the said county, to the Constable of the
hundred of in the said county, to the Petty Constable
of the town of in the said county, and to all and
singular the Bailiffs, Constables and other Officers of our
said Lord the King, in the said county, as well within
Liberties as without, greeting.
to wit. Forasmuch as we are given to understand by
the information, testimony and complaint of many credible
persons, that A. B. of in tlie county aforesaid, yeoman,
and C. D. of the same place, yeoman, are not of good name and
fame nor of honest conversation, but evil doers, rioters, bar-
rators and disturbers of the peace of our said Lord the King,
so tliat murder, homicide, strifes, discords and other grievances
and damages amongst tiie liege subjects of our said Lord the
Surety for Good JBehaviour. 7^9
King concerfiing their bodies are likely to arise thereby; there-
fore on the behalf of our said Lord the King, we command you
and every one of you that you omit not by reason of any li-
berty within the county aforesaid, but that you att eh or one of
you do attach the aforesaid A. B. and C. D. so that you have
them before us or other our fellow justices of cur said Lord
the King, assigned to keep the peace in the county aforesaid, as
soon as they can be taken [or, before the justices of our said
Lord the King, assigned to keep the peace witl-in the county
aforesaid, and also to hear and determine divers felonies, tres-
passes and other misdemeanors in tiie said county committed,
at the next general quarter sessions of the peace to be holden
in and for the said county], to find before us [or, the said jus-
tices] sufficient surety and mainprize for their general good
behaviour towards our said Lord the King and all his people,
according to the form of the statute in such case made and
provided; and this you shall in no wise omit, on the peril that
shall ensue thereon; and have you before us [or, before the
said justices at the sessions aforesaid] this precept.
Given under our hands and seals, at in the county
aforesaid, the day of , in the 57th year of the reign
of our said Lord the King and in the year of our Lord 181 7.
J. C.
S. P.
Recognizance for the Peace or Good Behaviour,
to wit. Be it remembered that on the day of
— — , in the 57th year of the reign of our sovereign Lord
George IlL of the United Kingdom of Great-Britain and
Ireland King, Defender of the Faith, A. B. of in the
county aforesaid, yeoman, C. D. of the same place, yeoman,
and E. F. of the same place, yeoman, came before me S. P.
Esq. one of the justices of our said Lord the King, assigned to
keep the peace within the said county, and acknowledged
themselves to owe to our said Lord the King, to wit, the said
A. B. the sum of <9£'20.; the said C. D. the sum of <56'lO.;
and the said E. F. the sum of ^^10. of good and lawful money
of Great- Britain, to be respectively made and levied of their
several goods and chattels, lands and tenements, to the use
E E E 3
790 Surety for Good Behaviour.
of our said Lord the King, his heirs and successors, if he tlie
said A. B. shall fail in performing the condition hereon in-
dorsed [or underwritten.]
Acknowledged the day and year
above vnitten, before me^
S. P.
The Condition of this recognizance is such, that if the
xvithin bounden {or^ above bounden] A. B. shall personally
appear at the next general quarter sessions of the peace to be
holden in and for the county aforesaid, to do and receive what
shall then and there be enjoined him by the Court, and in the
mean time shall keep the peace, [or, be of the good behaviour,
or, shall keep the peace and be of the good behaviour] towards
the King and all his liege people, and especially towards L. M.
of in the said county, yeoman, then the said recognizance
to be void, or otherwise to remain in full force.
Mittimus for icant of Sureties,
To the Constable of in the county of , and to the
Keeper of in the said county.
to wit. Whereas A. B. of in the said county,
yeoman, is now brought before me S. P. Esq. one of the
justices of our said Lord the King, assigned to keep the peace
in and for the said county, requiring him to find sufficient
sureties to be bound with him in a recognizance for his per-
sonal appearance at the next general quarter sessions of the
peace to be holden in and for the said county, and in the mean
time to keep the peace [or, be of the good behaviour] towards
our said Lord the King and all his liege people, and especially
towards C. D. of in the said county, yeoman; and
whereas he the said A. B. hath refused and doth now refuse
before me to find such sureties; These are therefore in the
name of our said Lord the King to command you the said con-
stable forthwith to convey the said A. B. to the common gaol
of our said Lord the King, [or, to the house of correction] at
— — in the said county, and to deliver him to the keeper
thereof there, together with this precept. And I do in the
name of our said Lord the King hereby command you the said
Sureti/for Good BehaviouT, 7^1
keeper to receive the said A. B. into your custody in the said
gaol [or house of correction] and him there safely to keep until
he shall find such sureties as aforesaid.
Given under my hand and seal, the day of , 181 7.
S. P,
Tlie Form of a Supersedeas.
S. P. Esq. one of the justices of our Lord the King, assigned
to keep the peace within the county of , to the
SherifiF, Bailiff, Constables, and others the faitliful Mi-
nisters and Subjects of our said Lord the King within the
said county, and to every of them, greeting.
to wit. Forasmuch as A. B. of ^ in the said
county, yeoman, hath personally come before me at in
the said county, and hath found sufficient surety, that is to
say, C. D. of , yeoman, and E. F. of , yeoman, either
©f whom hath undertaken for the said A. B. under the pain of
. ;5fe^20. ; and he tiie said A. B. hath undertaken for himself under
the pain of ^40. that he the said A. B. shall personally appear
at the next general quarter sessions of the peace to be holden
in and for the said county, then and there to do and receive
what shall be enjoined him by the said court, and in the mean
time slmll well and truly keep the peace [or, be of the good
behaviour] towards our said f^)rd the King and all iiis liege
people, and especially towards G. H. of , yeoman. There-
fore on behalf of our said Lord the King I do command you
and every of you that you utterly forbear and surcease to arrest,
take, imprison or otherwise In' any means for the said cause to
molest tlie said A. B ; and if you have for the said occasion,
and for none otlier, taken and imprisoned him the said A. B.
that then him you deliver or cause to be delivered and set at
liberty without further delay.
Given at aforesaid in the county aforesaid, under my
hand and seal, this day of , in the 57th year of the
reign of our Ix)rd George 111. of the United Kingdom of Great-
Britain and Ireland King, Defender of the Faith.
S. P.
E E E 4
792 Surety for Good Behaviour.
Release of the Surety for the Peace or Good Behaviour.
to wit. Be it remembered that on the day of
. , in the 57th year of the reign of our Sovereign Lord
George III. the aforesaid A. B. hath come before me S. P. Esq.
and freely remised and released, as much as in him lieth, tlie
aforesaid security of the peace [or, of the good behaviour], by
him before me prayed against the above-named C. D. In wit-
ness whereof, I the said S. P. at in the county aforesaid,
have hereunto set my seal.
Given under my hand, &c.
S. P.
Or the Release may be by itself, thus;
to wit. Be it remembered tliat A. B. of in the
said county, yeoman, on the day of , in the 57th
year of the reign of our Sovereign Lord George IIL came be|
fore me S. P. Esq. one of tlie justices of our said Lord the King
assigned to keep the peace within the said county, at in
the said county, and there remised and freely released toC. D.
of in the said county, yeoman, the surety of the peace [ory
good behaviour], by him the said A. B. before me prayed
against the said C. D.
Given under my hand &c,
S. P.
Or if it is before another Justice then say y
The surety of the peace [or, good behaviour] which he
has against C. D. of in the said county, yeoman.
Given under my hand, &c.
[The first release should be written under the re-
cognizance, and the justice should sign it; but nei-
ther of the releases will discharge the recognizance,
or prevent the necessity of appearing at the ses-
sions, by which only it can be legally discharged.]
Surety for Good Behaviour, ^QZ
Liberate to discharge one committed for want of Sureties.
S. P. Esq. one of the justices of our Lord the King, assigned to
keep the peace in the county of , to the Keeper
of His Majesty's Gaol at in the said county,
greeting.
to wit. Forasmuch as A. B. in the prison of our said
Lord the King, in your custody now being, at the suit of
C j)_ of in tlie said county, yeoman, for the want of his
finding sufficient sureties for his personal appearance at the
next general quarter sessions of the peace to be holden in and
for the said county, and for his keeping the peace [or, being of
the good behaviour] in the mean time towards our said Lord
the King and all his liege people, and especially towards C. D.
the said A. B, hath found before me sufficient sureties; to wit,
E. F. of , yeoman, and G. H. of , yeoman, either of
which hath undertaken for the said A. B. under the pain of
«^'20. ; and he the said A. B. hath undertaken for himself under
the pain of .^''40. that he the said A. B. shall and v\ill per-
sonally appear at the next general quarter sessions of the peace
to be holden in and for tlie said county, and shall well and
truly keep the peace lor, be of the good behaviour] in the
mean time towards our said Lord the King and all his liege
people, and especially towards the said C. D. Therefore on
the behalf of our said Lord the King, 1 do command you that
if the said A. B. do remain in the said gaol for the said cause
and none other, then you forhear to grieve or detain him any
longer, but that you deliver him thence and suffer him to go at
large, and that upon the pain which will fall thereon.
Given under my hand and seal, at in the said county,
tl^e day of , in the 57th year of the reign of our said
Lord George IlL of the United Kingdom of Great-Britain and
Ireland King, &c.
S. P.
794 Swearing.
SWEARING.
By 19 Geo. 11. s. 21, every labourer, common
soldier or common seaman convicted of profane
swearing, on confession or oath of one witness, be-
fore one justice, shall forfeit Is. other persons
imder the degree of gentlemen, 2s. and of or above
that degree 5s. for second offence double, and
third offence treble, s. 1. to go to the poor where
the offence is committed, s. 10. — A person swearing
in the presence of a justice, he may convict instati^
(e?\ s. 2.
A constable hearing a person swear, may (if the
party is imknoiun to him) convey him before the
next justice, who may convict him upon the con-
stable's oath; but \i known ^ the constable must lay
an information, s. 3. — If the penalties are not paid
on conviction, the justice may commit to hard la-
bour in the house of correction for ten days. s. 4.—
The chjjrges of conviction to be paid by the of-
fender, s. 10. but not more than Is. for the infor-
mation, summons and conviction ; and if not paid,
he may be further committed for six days. Ihid. —
Soldier or seaman not paying penalty and costs, to
be put in the stocks one hour for each offence; and
for a number of offences committed at the same
time for two hours. 6-. 5. — Conviction not remov-
able; a justice omitting his duty to forfeit ^5.
half to the poor and half to the party suing, s. 6.
Swearings 'J^o
A constable omitting bis duty, to forfeit 40s. on
conviction on oath of one witness before one jus-
tice, to be levied by distress; and in default, he
may be committed to hard labour for one month to
the house of correction ; half of the penalty to the
informer, s. 7. — ^l^he act to be publicly read four
times a year, by the minister of every church or
chapel, on pain of ^5. to be levied by distress, by
warrant of one justice, s. 13. — No person to be pro-
secuted, unless information be laid within eight
days after the offence committed, s. 12.
Information for Swearing.
to wit. The information of A. B. of in tlie
county aforesaid, yeoman, made on oath this ~ day of ,
in the year of our Lord 1817, before me S. P. Esq. one of
His Majesty's justices of the peace for the said county, who
saith, that on the day of now last past, at ia
the parish of in the said county, he heard C D. of
in tlie said county, yeoman, swear one profane oath [or, curse
one profane curse] in these words^ to wit, [state the particular
words.]
Summons thereon.
To the Constable of .
to wit. Whereas information hath this day been made
before me S. P. Esq. one of His Majesty's justices of the
peace for the said county, upon the oath of A. B. of ,
yeoman, that on the day of , he heard C. D. of — -~
in the said county, yeoman, at in the parisli of in
the said county, swear one profane oath [or, curse one ])rofatie
curse]. These are therefore to command you to cause the said
C. D. forthwith to appear before me to answer tiie premises,
and to be further dealt witii according to law.
Given under ray hand and seal, at in the said county,
this r- day of , in the year of our Lord I8I7.
J*96 Swearing,
Conviction.
to wit. Be it remembered that on the — — day of
, in the 57th year of His present Majesty's reign, C. D.
was convicted before me S. P. Esq. one of His Majesty's jus-
tices of the peace for tiie county aforesaid, of swearing one or
more profane oath or oaths [or, cursing one or more profane
curse or curses].
Given under my hand and seal, the day of , 1817.
S. P.
Commitment.
To the Constable of in the county of , and to the
Keeper of the House of Correction at in the said county.
to wit. Whereas C, D. of in the said county.
yeoman, is and stands convicted this day before me S. P. Esq.
one of His Majesty's justices of the peace for the said county
of , for swearing one profane oath on the day of
, in the year of our Lord 1817, at in the parish of
in the said county, whereby he hath forfeited the sum of
Is. to the poor of the said parish; and whereas the said C. D.
hath refused to pay the said fine and doth refuse to give satis-
factory security to pay the same; [if he refuses to pay the
charges say, — and whereas the said C. D. hath refused and
doth refuse to pay the sum of Is. which 1 have settled as and
for the charges touching the premises, and hath refused and
doth refuse to give any satisfactory security for payment
thereof]. These are therefore to require you the said constable
to convey the said C. D. to the house of correction aforesaid,
and to deliver him to the keeper thereof together with this
warrant; and I do hereby command you the said keeper to
receive the said C. D. into your custody in the said iiouse of
correction, and there to detain and keep him to hard labour for
the space of ten days [or, sixteen days if the costs are not paid],
and for so doing this shall be your sufficient warrant.^
Given under my hand and seal, at in the said county,
this day of ^ in the year of our Lord 1817.
Thread. 79?
THREAD.
Reels for making ounce or nun's thread, to be
one yard or 36 inches in circumference, under a
penalty of ^5. to the informer, and the reel to be
destroyed. 28 Geo. III. c.\7, s.\. and such thread
to be made up in hanks, ounces, quarters and
pounds, avoirdupoise weight; each hank to contain
30 threads or rounds of the reel of the same qua-
lity; each ounce to contain a particular number of
hanks entire; each quarter to contain four ounces,
and each pound four quarters. — The cover of the
package to specify the number of hanks in each
ounce and the manufacturer's name and place of
abode, under a penalty on the seller of £lO. and
forfeiture of the thread to the informer, s. 2.
Counterfeiting marks, or selling thread with
such marks, incurs the like penalty, to be paid to
the person whose stamp is counterfeited, s. 3.
Offences to be heard and determined by two jus-
tices, who on oath of two witnesses or by confes-
sion, ^may give judgment, and levy the penalties by
distress and sale; and in default of distress, the of-
fender may be committed to gaol for three months,
unless the penalty is sooner paid. s. 4. — Appeal
allowed to the next sessions, and either justice or
sessions may mitigate penalties to not less than
half with costs. .9. 5. — Witnesses duly summoned
and not attending, to forfeit ^5. each, to be le-
vied in like manner as the other penalties, s. 6.
798 Tithes.
TILES. See " Bricks and Ttlesr
TITHES.
Tithes are the tenth of the increase yearly arising
and renewing from the profits of lands, the stock
upon lands, and personal industry; the first are
called jored/i«/, as corn, haV;, grass, hops and wood;
the second jnixed, as milk, wool, pigs, &c. the third,
persofiaiyHS of manual occupations, trades, fisheries,
&c. 2 Co/um. c. 3.
Great tithes are chiefly hay, corn and wood, and in
general belong to the rector ; and small tithes con-
sisting of part predial, together with personal and
jnixed, belong to the vicar. Cro. Car. 20.-— Per-
sonal tithes are only due by special custom.
By 7 and 8 If^m. III. c. 6, it is enacted, that for
the more easy recovery of small tithes, when the
same do not amount to above 40s. yearly, if any
person shall fail in payment for 20 days after de-
mand, the parson may make complaint in writing
to two justices, (neither of them being patron or
otherwise interested,) who may summon the party,
hear and determine the complaint, and give reason-
able costs, not exceeding los. and the like costs to
the party prosecuted, if the complaint is false or
vexatious; but if the party complained of insists on
a prescription, composition, or modus decimandi,
Tithes. 799
and delivers the same in writing to the justices and
to the party complaining, and gives security to pay
costs at law, the justices are not to give judgment.
The complaint to the justices to be made within
two years after tithes become due. s. 6. — ^A notice of
the adjudication to be given to the party complained
of. s. 3. and if any person neglect for the space of
ten days after such notice, to pay the sum awarded,
the constables and churchwardens of the parish or
one of them, shall by warrant of the justices dis-
train, and after detaining the goods three days,
(increased by 27 Geo. 11. c. 20, to not less than four
nor more than eight days,) shall sell the same, and
pay the party complaining, together with the cost;?
of taking and keeping the distress, s. 3. and also by
the Stat. 27 Geo. II. c. 20, the costs of the sale.
Appeal allowed to the session, and not remov-
able by certiorari, unless the title to the tithes be
in question.
By 53 Geo. III. c. 127, the act of 7 and 8 IF. IIL
e. 6, is amended, and justices may now hear and
determine any complaint for tithes not exceeding
^10. in amount ; one justice may hear the com-
plaint and summon the party before two justices,
who arc authorised to hear and determine it.
For recovery of tithes due from quakers, see
" Quakers^
800 Tithes.
Complaint for Small Tithes.
To J. C. and S. P. Esquires, two of His Majesty's justices of
the Peace in and for the county of ; A. B. of
m the said county, Clerk,
Humbly complaineth.
That he the said complainant did, by the space
of twenty days and upwards before the day of the date hereof,
demand of C. D. of in the parish of in the county
aforesaid, yeoman, the small tithes, offerhigs, oblations and
obventions justly become due within two years now last past,
from the said C. D. unto him the said complainant, to the
value of j^ , and that the said C. D. did upon the said
demand refuse and doth yet refuse to pay or compound for and
hath not paid nor compounded for the same or any part thereof;
the said complainant therefore prayeth such redress in the
premises as to you shall seem meet, and to the law doth ap-
pertain. Signed the day of , in the year of our
Lord 1817.
A. B.
Summons thereon.
To the Constable of .
to wit. Whereas complaint in writing hath been made
unto us J. C. and S. P. Esquires, two of His Majesty's justices
of the peace for the said county, by A. B. of in the said
county, clerk, that C. D. of in the said county, yeoman,
hath for above the space of twenty days before the time of the
said complaint so made unto us as aforesaid, refused to com-
pound for or to pay unto him, and hath not yet compounded for
nor paid the small tithes, offerings, oblations and obventions
justly due from the said C. D. to him th? said A. B. These
are therefore to command you forthwith, upon sight hereof, to
summon the said C. D. to appear before us, at in the said
county, on the day of , at the hour of iilj
the noon of the same day, to answer unto the said com-
plaint ; and be you then there, to certify what you shall hav€
done in the premises.
Given under our hands and seals, at in the said county,|
this day of , in the year of our Lord 1817.
J. C.
S. P.
Tithes, 801
Order to Pay.
— — to wit. Whereas complaint in writing hath been made
unto us, two of His Majesty's justices of the peace for the said
county, by A. B of the parish of in the said county,
clerk, that C. D, of in the said parish in the county
aforesaid, yeoman, did refuse for the space of twenty days next
before the time of the said complaint so made unto us as afore-
said, to pay or compound for his small tithes, offerings, obla-
tions and obventions arising in the said parish and due to him
the said A. B. We, therefore, the said justices, being neither
of us patron of the parish church of — — aforesaid, nor any
ways interested in any of the said tithes, offerings, oblations or
obventions, having duly summoned the said C. D. to appear
before us, and having duly examined the truth and justice of
the said complaint upon oath, do find that there is justly due
from the said C. D. to the said A. B. the sum of ^ being
the value of the said tithes, offerings, oblations and obventions,
become due within two years last past; and do therefore ad-
judge and order the aforesaid C. D. to pay or cause to be paid
unto the said A. B. the aforesaid sum of £ and also the
sum of los. for his costs and charges in prosecuting the said
C. D. for the recovery of the said just dues.
Given under our hands and seals, at in the said county,
the day of , in the year of our Lord 1 8I7.
J. C.
S. P.
Distress Warrant,
To the Constables of , and to the Churchwardens of tlie
parish of in the' county of , and to every of them.
to wit. Whereas upon the complaint in writing of
A. B. of the parish of aforesaid in the county aforesaid,
clerk, C. D. of in the said parish in the county aforesaid,
yeoman, hath been duly summoned to appear before us, J. C,
and S. P. Esquires, two of His Majesty's justices of the peace
for the said county, to be examined for the non-payment of his
F F F
802 Tohacco.
small tithes, offerings, oblations and obventions due unto the
said A. B. And whereas we the said justices, being neither
of us patron of the parish church of aforesaid, nor any
way interested in any of the said tithes, offerings, oblations or
obventions, have duly examined the truth and justice of the
said complaint, and have ordered the said C. D. to pay unto the
said A. B. the sum of cfore me S. P. Esq.
one of His Majesty's justices of the peace in and for the said
county, for that he the said A. B, did wander abroad and beg
in the said parish of , and upon the examination of the
said A. B. taken before me the justice aforesaidj, upon oath,
(which examination is hereunto annexed) it doth appear that
[state the substance of the examination.] These are therefore
to require you the said constable to convey the said A. B. in
the next direct way to the said parish of within the said
county, and there to deliver him to some churchwarden, cha-
pel warden, or overseer of the poor of the same parish of ,
to be there provided for according to law. And you the said
churchwardens, chapelwardens and overseers of the poor are
hereby required to receive the said person and provide for him
as aforesaid. And i do iiereby certify that the said A. B. hath
been confined in the house of correction at for the space
of seven days [or, been publicly whi])ped, as the case is.]
Given under my hand and seal, this — — day of , in
the year of our Lord 181 7.
S. P.
Vagrant Passjrom Coiiniy to County.
To the Constable, Tythingman, or other Officer of the Peace of
the of—: — in the county of , and also to all Con-
stables and other Ofliccrs whom it may concern, to receive
and convey; and to the Churchwardens, Chapelwardens, or
Overseers of the Poor of the parish of in the county
of -, or either of them, to receive and obey.
to wit. Whereas A. B. was apprehended in the parish
of in the county of , as a rogue and vagabond fo&
(ji G G 2
820 Vagrants.
that he the said A. B. did this day wander and heg in the said
parish of [ns the easels.] And upon examination of the
said A. B. taken before me S.P. Esq. one of His Majesty's jus-
tices of the peace in and for the said county of , upon oath,
(which examination is hereunto annexed) it doth appear that
his last legal settlement is in the parish of in»the county
of : These are therefore to require you the said constable,
tythingman, or other officer of the peace of tlie said of
, to convey the said A. B. to the town of in the county
of , (that being the first town in the next precinct through
which he ought to pass in the direct way to the said parish of
to whicii he is to be sent,) and to deliver him to the con-
stable or other officer of such first town in such next precinct,
together with this pass and the duplicate of the examination
of the said A. B. taking his receipt for the same. And the said
A. B. to be thence conveyed on in like manner to the said parish
of , thereto be delivered to some of the churchwardens or
overseers of the poor of the same parish, to be there provided
for according to law. And you the said churchwardens, cha-
pclwardens, or overseers of the poor, are hereby required to
receive the said person, and provide for him as aforesaid. And
I do hereby certify that the said A. B. hath been publicly
whipped [er, confined in the house of correction for the space
o,—.]
Given under my hand and seal, the day of , 1817.
S. P.
Order or Certificate for Conveyance of a Vagrant.
Whereas by a pass [reciting the suhsia)ice of the
said pass] I [or, we] do hereby order and direct the said per-
son [or, persons] to be conveyed on foot [or, in a cart, or, by
horse, &c.] to the said town [or, parish] of in , [or,
other place, describing it] in the way to such parish [town, or
place, as the case shall be,] in day's timej for which the
said constable &c. is to be allowed the sum of and no more.
Given under my hand [or, our hands], this — — day of
— ■ — , &c.
f^agrants. 821
Receipt to be indorsed on the Certificate.
Received of the Constable of the within-mentioned
E. F. with his examination and pass, this day
of , 1817.
G.H. Constable of .
Suspension of a Vagrant Pass to be indorsed thereon.
Whereas it doth appear unto me S. P. Esq. the
justice within-named, that E. F. the vagrant within ordered to
be passed, is at present unable to travel by reason of sickness
and infirmity, [or, that it would be dangerous for him so to do,
as the case may be.] I do therefore hereby suspend the exe-
cution of the within pass until it shall be made appear unto me
that it can be executed without danger.
Given under my hand, &c.
S. P.
Subsequent Permission to execute such Pass, to be indorsed
thereon.
Whereas it is now made appear unto meS.P. Esq.
the justice aforesaid, and I am fully satisfied, that the within
pass may be executed without danger, 1 do therefore order the
same to be forthwith put in execution accordingly.
Given &c.
S. P.
Vagrant Pass to Scotland.
To tlie Constable of in the county of , and also to
all Constables and other Ofhcers whom it may concern, to
receive and convey; and to all Constables and other
Officers within that part of Great-Britain, called Scotland
wliom it may concern, to receive and obey.
to wit. Whereas E. F. was apprehended in the town
of in the county aforesaid, as a rogue and vagabond, and
h duly convicted before me, one of His Majesty's justices of
G G G 3
822
I'^agrants.
the peace in and for the said county of of being a rogii^
and vagabond, for that he the said E. F. did wander and be^^
in the town of [or as the fact is], and upon examination
of the said E. F. taken before me the justice aforesaid upon
oath (which examination is hereunto annexed)^ it dotb appear
that his lawful place of settlement is in that part of Great-
Britain, called Scotland. These are therefore to require you
the said constable of aforesaid in the county of
aforesaid, to convey the said E. F. to the town of in the
county of , (tliat being the first town in the next precinct
through which he ought to pass in the direct way to that part
of Great-Britain called Scotland aforesaid, to which he is to
be sent,) and to deliver him to the constable or other officer of
such first town in such next precinct, together with this jiass
and the duplicate of the examination of the said E. F. taking
his receipt for the same; and the said E. F. is to be thence
conveyed on in like manner to the next adjoining shire, stew-
artiy or place, in that part of Great-Britain called Scotland
aforesaid, and is there to be delivered to some constable or
other officer of the next parish, district or place within such
next adjoining shire, stewartry or place aforesaid, taking iiis
receipt for the same; and such next officer in that part of
Great-Britain called Scotland aforesaid, is hereby required to
receive the said E, F. and give such receipt as aforesaid, and
to dispose of him according to law.
Given under my hand and seal, this day of , in the
yearofourLord I8I7.
S. P.
Tlie like to Ireland.
To the Constable of ~ — in the county of , and also to
all Constables and other Officers whom it may concern, to
receive and convey; and to all other Officers of the Peace
wliom it may concern, to receive and obey.
to wit. Whereas E. F. was apprehended in the town
of in tiie county aforesaid, as a rogue and vagabond [as in
the lust precedent], and upon examination of the said E. F.
taken before me tlie justice aforesaid, upon oath, (which exa-
mination is hereunto annexed,) it doth appear that his lawful
Fagranh. 823
settlement is in the kingdom of Ireland. These are therefore
to require you the said constable of aforesaid, to convey
the said E. F. to the town of in the county of , (that
being the town in the next precinct through which he ought
to pass in the direct way to the said kingdom of Ireland, to
which he is to be sent,) and to deliver him to the constable or
other officer of such first town in such next precinct, together
with this pass and the duplicate of the examination of the said
E. F. taking his receipt for the same; and the said E. F. is to
be thence conveyed on in like manner, until he shall arrive in
the county of . And the constable or other officer to
whom he shall be delivered in the said county of , is
hereby required to apply to some justice of the peace in and
for the said county, for a warrant to the master of any ship or
vessel bound for the said kingdom of Ireland, to take on board
the said ship or vessel the said E. F. and convey him to such
place in the said kingdom of Ireland as such ship or vessel shall
be bound unto.
Given under our hands and seals, this day of j in
the year of our Lord IS 17.
J. C.
S. P,
Travelling Pass,
To all Justices of the Peace, Mayors, Sheriffs, Constables,
Tytiiingmen, Headborouglis, and all other His Majesty's
Officers whom these may concern.
to wit. These are to desire you and every of you, to
permit and suffer the bearer hereof, E. F. peaceably and quietly
to pass into without any hindrance or molestation what-
soever, he demeaning himself orderly, and not exceeding the
space of from the date hereof to accomplish his said
journey, kcej)ing the direct road and not staying more than
days in any one place.
Given under my hand and seal (being one of His Majesty's'
justices of the peace in and for the said county of ), the
day of , in the 57th year of the reign of our Sove-
reign Lord George IJI. by the grace of God, of the United
Kingdom of Great-Britain and Ireland King, Defender of the
Faith, and in the year of our Lord 1817.
S. P»
G G G 4
824 Fagrants,
Order on County Treasurer to pay Money to Constable for
conveying Vagrants,
To the Treasurer of the county of .
. to wit. Whereas A. B. one of the petty constables of
the town of in the said county of , hath made oath
before me S. P. Esq. one of His Majesty's justices of the peace
in and for the said county, that lie the said A. B. hath conveyed
one C. D. and her infant child, being vagrants, from the town
of in the said county to the borough of in the said
county, being miles forward in their way to the place of
their last legal settlement, by virtue of a vagrant pass; and hath
also produced and verified on oath before me the said justice, a
receipt for the said vagrant from under tiie constable's hand to
whom he delivered the same. Therefore I do hereby order
you the said county treasurer, on sight hereof, to pay to the
said A. B. the sum of per mile for the conveyance of the
said vagrants, and shillings for their maintenance,
amounting in the whole to the sum of .
Given under my hand and seal, at in the said county,
this day of , in the year of our Lord 1817.
S. P.
Commitment of a Vagrant to be removed by Pass,
To the Keeper of the House of Correction, at in the
county of .
to wit. Whereas E. F. a rogue and vagabond, is duly
convicted before me S. P. Esq. one of His Majesty's justices
of the peace for the said county, for that he the said E. F. did
[state the offence], in the parish of in the said county.
These are therefore to command you the said keeper to receive
the said E.F. into your custody in the said house of correction,
and him safely keep for the space of — days, and then de-
liver him into the hands of the person appointed for removing
vagrants in the said county, in order that he may be conveyed by
a pass (herewith sent) to the place of his last legal settlement.
Given under my hand and seal, this day of , in
the year of our Xvord 181 7.
o. It
Fagrants. 825
Warrant to a Master of a Ship to export a Vagrant.
S. P. Esq. one of the justices of our Lord the King, assigned to
keep the peace within the county of , to C. D.
Master of the Ship called the of , now lying or
being at , and bound for in the kingdom of
Ireland, sendeth, greeting.
to wit. These are, in His Majesty's name, and in
pursuance of tlie statute in that behalf made, to require you
to take on board the said ship E. F. and G. H. vagrants, both
of them being natives of tlie kingdom of Ireland aforesaid, and
having no settlement in England, and them to convey to
aforesaid in the kingdom of Ireland aforesaid, or to such other
place in that kingdom as you shall arrive at; and for the
charges thereof you siiall take, and J. K. constable of ■ at
the time he shall serve you with this warrant shall pay, and is
hereby required to pay unto you the sum of in the whole;
that is, at the rate of by the head for each of the said va-
grants so to be delivered unto you, the same being the rate last
appointed by the justices of our said Lord the King, assigned
to keep the peace within the said county, at their general
quarter sessions of the peace in and for the said county And
you are on the back of this warrant to sign a receipt for the
money so paid, and also for the said vagrants so delivered unto
you.
Given under my hand and seal &c.
S. P.
Record to avoid the Settlement of a Bastard horn in Vagrancy,
to wit. Be it remembered that on the day of
— — , in the 57th year of the reign of our Sovereign Lord
George III. of the United Kingdom of Great Britain and Ire-
land King, Defender of the Faitli, C. D. and E. F. overseers of
the poor of the parish of in the said county, at in the
said county, do bring unto mc S. P. Esq. one of the justices of
our said Lord the King, assigned to keep the peace within the
said county, and also to hear and determine divers felonies,
trespasses and other misdemeanors in the said county com-
mitted, the body of one G. H. and do complain unto me the
82S P^agrants,
justice aforesaid and give me to he informed, that on the »
day of = , in the year aforesaid, at — in the parish afore-
said, she the said G. H. was wandering and begging, and that
she the said G. H. tlien and there, to wit, on the said ^^day
of — ■—, at aforesaid in tlie parish aforesaid and county
aforesaid, so wandering and begging, was delivered of a [male]
child, and that thereby she the said G. H. hath become charge-
able and is now chargeable to the said parish of , and that
she the said G. 11. had not then nor yet hath any lawful set-
tlement in the said parish of ; whereupon they the said
overseers of the poor of the parish aforesaid do pray of me the
justice aforesaid, that for themselves and for the other inha-
bitants of the parish aforesaid a due remedy may be provided,
and that justice may be done in that behalf according to the
form of the statute in that case made; which complaint, in-
formation and prayer by me the justice aforesaid being heard, I
the said S. P. at aforesaid in the county aforesaid, on the
said day of , in the year aforesaid, upon the exa-
mination of the said G. H. upon oath by me unto her upon the
Holy Gospel administered, and upon other lawful evidence and
testimony before me had and made, do find that on the
day of — - — , [verbatim as is set forth above in the information.']
And thereupon it is ordered by me the justice aforesaid, that
she the said G. H. be committed and is by me committed to'
the house of correction at in the county aforesaid, until
the next quarter sessions of the peace to be held within and for
the said county. In testimony whereof, I the said S. P. the
justice aforesaid, at aforesaid in the county aforesaid, the
day of aforesaid. In the year aforesaid, unto this
record do set my seal.
S. P.
Conviction of an Idle and Disorderhj Person^ under I 7 Geo. 11.
to wit. Be it remembered that on the day of
, in the 57th year of the reign of our Sovereign Lord
George III. of the United Kingdom of Great- Britain and
Ireland King, Defender of the Faith, and in the year of our
Lord 1817, G. D. at in the said county, bringcth before
rne S. P. Esq. one of the justices of our said Lord the
King, as^.igned to keep the peace within the said county^
and also to hear and determine divers felonies, trespasses
and other misdemeanors in the said county committed.
Fagrants* 8^7
the body of E. F. and giveth me the said justice to understand
and be informed, that on the day of , in the yeaf
aforesaid, at in the parish of in the county aforesaid,
the said E. F. did go about from door to door, [or if for any
other offence, set it forth in the icords of the statute], and did
place himself in streets, highways and passages to beg and
gatlier alms in tlie said parish, in which said parish the said
E. F. then dwelt, contrary to the form of the statute in such
case made and provided ; and therefore he the said C. D. prays
of me the said justice that the said E. F. be dealt with according
to law for his said offence: whereupon the said E. F. is asked
by me the said justice if he can say any thing for himself wby
he the said E. F. should not be convicted of the said offence
above charged upon him in form aforesaid, who pleadeth that
he is not guilty thereof. Whereupon I do now proceed to ex-
amine into the truth of the complaint so brought by the said
C. I), against the said E. F. ; and hereupon on the day and
year first aforesaid, at aforesaid in the county aforesaid, he
the said C. D. being a credible witness, upon his corporal oath
upon the Holy Evangelists of God now administered to liim by
rae the said justice, in the presence and hearing of the said
E. F. deposeth and saith, that on the day of afore-
said. In the year aforesaid, in the county aforesaid, he the said
C. D. saw the said E. F. go about from door to door, and place
himself in streets, highways arid passages to beg and gather
alms in the said parish, and that he heard the said E. F. beg
alms of many persons in such streets, highways and passages,
and that the said E. F. then dwelt in the said parish ; and the
said E. F. doth not produce before me any evidence to gainsay
the same. Therefore it manifestly appeareth to me the said
justice, that the said E. F. is guilty of the offence above charged
upon him, in maimer and form as in and by the said com-
plaint is alleged^ and is thereby an idle and disorderly j)erson
within the intent and meaning of the said statute. It Is there-
fore adjudged by me the said justice that the said E. F. be
convicted of the said offetjce, and he is bereby by me accord-
ingly convicted of the offence charged upon him In and by the
said complaint, according to the form of the statute in such
case made and provided. And 1 do adjudge that tbe said E. F.
for his said offence be committed, and the said li. F. is by me
committed to the bouse of correction at In and for the
.suid county, there to be kept to hard ial)0ur for one month, ac-
828 Fugranh:
cording to the statute* in that case made and provided. In tes-
timony whereof, I the said S. P. to this record of conviction
have put my hand and seal at aforesaid in the county afore-
said, the day of in the said year of our Sovereign
Lord George III. &c. and in the year of our Lord 181 7.
S. P.
Conviction of a Rogue and Vagabond, under the same Statute,
to wit. Be it remembered that on the day of
, in the 57th year of tlie reign of our Sovereign Lord
George IIL of the United Kingdom of Great-Britain and
Ireland King, &c. and in the year of our Lord 1817, G. D.
of in the said county of , bringeth before me S. P.
Esq. one of the justices of our said Lord the King, assigned to
keep the peace of our said Lord the King in and for the said
county, and also to hear and determine divers felonies, tres-
passes and other misdemeanors in the said county committed,
the body of E. F. and giveth me the said justice to un-
derstand and be informed, that on the day of , in
the year aforesaid, at aforesaid in the parish of in
the said county, he the said C. D. apprehended the said E. F.
then and there wandering abroad and begging, pretending to be
a sea-faring man, contrary to the form of the statute in such
case made and provided ; and thereupon the said C. D. pray-
eth of me the said justice that the said E.F. maybe dealt with
according to law for his said offence: whereupon the said E, F.
is asked by me the said justice if he can say any thing for
himself why he the said E. F. should not be convicted of the
offence above charged upon him in form aforesaid, who plead-
eth that he is not guilty thereof. Whereupon I do now pro-
ceed to examine into the truth of the complaint so brought by
the said C. D. against the said E. F. and thereupon on the day
and year first aforesaid, at the ])arish of aforesaid in the
county aforesaid, the said C. D. being a credible witness, on
liis corporal oath upon the Holy Evangelists of God now ad-
ministered to him by me the said justice, in the presence and
hearing of the said E. F. deposeth and saith, that on the
day of , in the year aforesaid, at aforesaid in the
parish aforesaid in the county aforesaid, he the said C. D. savr
Fagranfs. 829
the said E. F. wandering abroad and begginp^, pretending to be
a sea-faring man; and tliat he the said CD. heard the said
E. F. beg cliarity of several persons, saying tliat he was a sea-
faring man; and the said E, F. doth not produce before me
any evidence to gainsay the same ; therefore it manifestly ap^
pears to me the said justice, that the said E. F. is guilty of the
offence above charged upon him, in manner and form as in and
by the said complaint alleged, and is thereby a rogue and
vagabond within the true intent and meaning of the said sta-
tute. It is therefore adjudged by me the said justice, that the
said E. F. be convicted of the said offence, and he is hereby
by me accordingly convicted of the said offence so charged
upon him in and by the said complaint, according to the form
of the statute in that case made and provided. And I do order
the said E. F. to be sent, and tiie said E. F. is by me accord-
ingly committed to the house of correction at — — in the said
county, there to remain until the next quarter sessions of the
peace to be held in and for the said county; and have you hint
then there, together with this precept, unless he be sooner
discharged by due course of law, according to the form of the
statute in such case made and provided. In testimony whereof,
I the said justice to this record of conviction have put my hand
and seal, at — — aforesaid in the county aforesaid, the said
day of — — , in the said 57th year of the reign of our So-
vereign Lord King George III. and in the year of our Lord
I8I7.
S. P.
(If the Conviction be under 30 and 40 Geo. III. c. 50, it should
be tliiis.)
And giveth me to understand and be informed, that after the
passing of a certain act of parliament made in the 3f>th and
40th year of His present Majesty's reign, intituled, " An Act
to extend the provisions of an Act made in the 17th year of the
reign of King Geo. 11. intituled, ' An Act to amend and make
more effectual the Laws relating to Rogues, Vagabond.s, and
other idle and disorderly Persons, and to Houses ofCorrection;' "
they the said C. D. and E. F. in the night, that is to say be-
tween the hours of eight of the clock at night and six in the
morning, between the first day of October and the first day of
€30 Fagrants,
February, to wit, aljout the hour of eleven in the night of the
day of January last, at the parish of in the said
county of , were found in an open ground in chase,
there having a gun for the purpose and with the intent to
destroy hares &(r. [or did then and there wilfully destroy a hare
&c.] contrary to the statute in that case made and provided, &c.
\If the offender is committed far a less time than until the next
session, add, after theivords " house of correction at in
tlie said county," there to remain for the space of six weeks,
being a less time than until tlie next general quarter sessions of
tlie peace to be liolden in and for the said cuunty.]
C&nviction and Commitment of a. Person as a Rogue and
Vagabond for having deserted his Family.
to wit. Be it remembered that on tlie day of
, in the 57th year of the reign of our Sovereign J^ord
George the Third, by the grace of God, of the United Kingdom of
Great-Britain and Ireland King, &c. and in the year of our
lAiid 1817, A. B. constable of the parish of in the county
of , bringeth before me S. P. Esq. one of tiie justices of
our said Lord the King, assigned to keep the peace of our said
Lord the King in and for the said county, and also to hear and
determine divers felonies, trespasses and other misdemeanors
in the said county committed, the body of C. D. and chargeth
and accuseth him the said C. D. before me the said justice, of
being a rogue and vagabond, within the intent and meaning of
the statute Jiiade and passed in the 17th year of the veign of
His late Majesty King George the second, intituled "An Act
to amend and make more effectual the Laws relating to Rogues,
"Vagabonds, and other idle and disorderly Pereons, and toHouses
of Correction," for that he the said C. D. hath run away and
left his wife and children, whereby they have become
cliargeable to the parish of in the county aforesaid, con-
trary to the form of the statute in such case made and provided j
and thereupon he the said A.B. prayeth of me the said justice
that the said C. D. may be dealt with according to law for his
said offence: whereupon the said C. D. is now asked by me the
said justice if he can say any thing for himself why he the said
C. Xi. should not be convicted of the offence above charged
Vdirranls, S31
&
upon him in form aforesaid, who pleadeth that he is not guilty
thereof. Whereupoii I the said justice do now proceed to exa-
mine into the truth of the complaint so brought by the said
A. B. against the said C. D. and thereupon, on the day and
year first aforesaid, at the parish of in the county afore-
said, E. F. churchwarden of the parish of aforesaid, and
G. H. one of the overseers of the poor of the said parish of
• , credible 'witnesses in that behalf, on their corporal oath
upon the Holy Evangelists of God now here duly administered to
them respectivelv, by me the said justice, in the presence and
hearing of the said C. D, dcjjose and say that the said C. D. hath
run av/ay and left his wife and children, whereby they
have become cliargeable to the parish of aforesaid; and he
the said C. D. having heard the said evidence, and being asked
by me the said justice if he can say any thing for himself or
shew any cause before me why he should not be convicted of
the offence so charged upon him as aforesaid, doth not say any
thing for himself or offer any evidence to gainsay the same;
therefore it manifestly appeareth to me the said justice that the
said C. D. is guilty of the offence above charged upon him in
manner and form as in and by the said complaint is alleged,
and tiiat he is thereby a rogue and vagabond within the true
intent and meaning of the said statute. It is therefore ad-
judged by me the said jitstice that the said C. D. be convicted
of the said offence, and he is hereby by me accordingly con-
victed of the said offence so charged upon him in and by the
said complaint, and adjudged to be a rogue and vagabond within
the intent and meaning of the statute aforesaid And I do
order the said C. D. to be sent, and the saitl C. D. is by me
accordingly committed to the house of correction at in
the said county, tbere to remain until the next general
quarter sessions of the peace to be held in and for the said
county, then and there to be further dealt vvith according to law,
unless hr be sooner discharged by due course of law according
to the form of the statute in sucli case made and provided. In
testimony wliereof I the said justice to tiiis record of conviction
have put my hand and seal, at in the county aforesaid, on
thti day and year first above written.
S. P.
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818 TFood,
WOOD.
By 43 Eliz. c. 7, ^. l, persons robbings orchards
or gardens, or cutting- any hedge, pales, rails or
fences, or digging or pulling up or takmg any fruit
tree or trees in any orchard, garden or elsewhere,
with intent to take and carry away the same; or
who shall cut or spoil any woods or underwoods,
poles or trees standing (the same not being a felo-
nious taking) on conviction by confession, or oath
of one witness, before one justice, shall give to the
injured party such recompense as a justice shall
appoint; and if not able to make, or such recom-
pense is not made, the offender to be whipped.
The distinction referred to by this statute be-
tween a trespass and a felony is, that to take trees
growing, or fruit upon trees, is only a trespass, but
if severed from the freehold, as gathered fruit, or
wood cut down, it is felony. 5 Burn, 6*46.
By 15 C. II, c. 2, every constable or other per-
son, being an inhabitant, may apprehend a person
suspected of carrying or having any burden of
wood, underwood, poles or young trees, or bark, or
gates, stiles, posts, pales, rails or hedge-wood,
broom or furze, and by warrant of one justice may
enter and search any suspected place, and if he
shall find any wood, &c. to apprehend as well those
carrying or taking away the same, as those in
whose houses, &c. the same shall be found, and
Wood. 849
carry such person or persons before a justice; and
if he can give no satisfactory account how he came
by it, or produce the party of whom it was bought
or a witness to depose on oath as to the sale thereof,
he shall be convicted of cutting and spoiling the
same, and punished as by act of 43 Eliz. and fur-
ther, besides making such recompense as justices
shall appoint, shall pay any sum not exceeding 10s.
to the poor, or in default justice may commit him
to the house of correction for not exceeding one
month, or to be whipped; for second oifence
commitment to hard labour for one month ; and for
third offence to be deemed an incorrigible rogue ;
but prosecution to be commenced within six weeks
after otfence committed. Any person buying
burthens of wood, or poles or sticks of wood
supposed to be stolen, one justice may examine
on oath (within six weeks after offence) and
if bought of a person justly suspected to have stolen
it, he may award the party buying the same to pay
treble the value to him from whom it was stolen ;
in default of payment may issue distress war-
rant, and in default of distress may commit offender
for one month to gaol. s. 3, 4.
By 1 Geo. I. st. 2, c. 48, and 6 Geo. I. c. l6, s. 1,
if any person shall in a riotous, open, tumultuous,
or in a secret or clandestine manner maliciously
cut down, destroy, break, bark, throw down, burn,
take, deface, spoil or carry away any wood or
springs of wood, underwood or coppice, or break
I 1 I
850 Wood.
open, throw down, level or destroy any hedges,
gates, posts, stiles, rails, fences, ditches, banks
or inclosures of such woods, wood grounds, cop-
pices, plantations, timber trees, fruit or other trees,
thorns or quicksets, two justices on complaint of
any inhabitant, or of the owner, may cause the of-
fender to be apprehended; and on hearing the com-
plaint and convicting the offender, may commit
him to the house of correction to hard labour for
three months ; or if no house of correction^ then to
such prison as is appointed for criminals for four
months, and shall order him to be whipped once a
month during the three months by the master of the
house of correction ; and where no house of correc-
tion, then to be whipped once a month during the
four months by the common hangman, and before
his discharge he shall find sureties for his good be-
haviour for two years.
By 29 Geo, IL c. 36, .?. 18, any person unlawfully
cutting, taking, destroying, breaking, throwing
down, barking, plucking up, burning, defacing,
spoiling or carrying away any tree growing in any
waste, wood or pasture, on which any person has
right of common, shall on conviction incur the like
penalty as by 6* Geo. I. c. 16.
By 6 Geo. III. c. 48, every person wilfully cut-
ting, damaging, destroying or carrying away timber
trees, or trees likely to become timber, or the lops
or tops thereof, shall, on conviction, on oath of
one witness before one justice, forfeit not more than
IFood. 851
^20. with costs of conviction, and for non-pay-
ment shall be committed to the common gaol for
not more than twelve nor less than six months, or
until penalty and charges are paid; for a se-
cond offence to forfeit ^30. and costs, and on
non payment commitment for not more than eigh-
teen nor less than twelve months, or until penalty
and costs are paid; and for third offence he shall
be deemed guilty of felony. Oak, beech, chesnut,
walnut, ash, elm, cedar, fir, asp, lime, sycamore,
birch, and by 13 Geo. III. c. 33, poplar, alder,
larch, maple and hornbeam, are deemed timber
trees.
Any person destroying, damaging or taking away
roots, shrubs or plants, in fields, nurseries, gardens
or other cultivated grounds, shall, on conviction,
on oath of one witness before one justice, forfeit for
first offence not more than 40s. and costs, and on
non-payment to be committed to hard labour to the
house of correction for one month and once whip-
ped; for second offence to forfeit not more than
^5. and costs, and on non-payment to be com-
mitted for three months and whipped once each
month ; and for third offence deemed guilty of felony.
s. 3, 6.
Persons destroying, cutting or spoiling in woods
any wood, underwood, pole sticks, green stubs or
young trees, or carrying the same away, (or
9 Geo. III. c. 41, by night or day cutting down,
&c. any hollies, thorns or quicksets, growing in the
I I I 2
852 Wood.
King's forests, or the woods or grounds of any of
his subjects,) or shall have the same in their custody
without giving- a satisfactory account thereof, shall
on conviction, by oath of one witness before one
justice, forfeit for the first offence not more than 40s.
and costs, or be committed for non-payment to the
house of cori*ection for one month to hard labour,
and once whipped there; for second offence to
forfeit not more than ^5. and costs, or committed
for non-payment for three months to hard labour,
and whipped once in each month; and for a third
offence shall be deemed and punished as an incor-
rigible rogue; half the penalties to informer and
half to party aggrieved. Any person hindering the
execution of this act to forfeit ^10. to him who
shall convict, and if not paid, justice may commit
offender to prison for six calendar months.
By 31 Geo. II. c. 35, s. 5, stealing, taking away
or destroying madder roots growing, the offender
on conviction before one justice, by confession or
oath of one witness, shall for the first offence pay
to the owner such recompense as the justice shall
appoint, and 10s. to the use of the poor; and in de-
fault, he may be committed to the house of correc-
tion for not exceeding one month, or be whipped ;
and for a second offence shall be committed to the
said house of correction for three months. Prose-
cution to be commenced within thirty days.
ff^ood. 853
Warrant to searchfor Stolen Wood, under 15 C. II. c. 2.
To the Constable of .
— — to wit. Whereas A. B. of in the county of ,
yeoman, hath this day made oath before me S. P. Esq. one of
His Majesty's justices of the peace for the said county, that
divers quantities of wood, within the space of six weeks last
past, have been cut, taken and carried away oft' and from his
lands at in the said county [or as the fact is], contrary
to the statute in that case made and provided; and that he hath
just cause to suspect, and doth suspect, that the said wood or
part thereof is concealed in the houses, out-houses, yards,
gardens or other place belonging to the houses of C. D. of
, yeoman, at aforesaid : These are therefore to re-
quire you to enter into and search the said houses, out-houses,
yards, gardens or other places belonging to such houses of
him the said C. D. at aforesaid ; and if on such search
you shall there find any such wood, that then you apprehend
the person in whose house, out-house or other place it shall be
found, and bring the said person before me or some other of
His Majesty's justices of the peace for the said county, that
such proceedings may be had thereupon as to Jaw doth appertain.
Given under my hand and seal, at in the said county,
the day of , in the year of our Lord 181 7.
S. P.
Order for Satisfaction to the Owner.
to wit. Whereas A. B. of in the said county,
yeoman, on the day of now last past, did make
oath before me S. P. Esq. one of His Majesty's justices of tiie
peace for the said county, that on or since the day oi
now last past, a certain quantity of wood, his property,
at in the parish of in the county aforesaid, was cut
and spoiled, and from thence taken and carried away ; and that
he had just canse to suspect, and did suspect, that C. D. of
in the said county, yeoman, did cut, spoil, take and
Carry away the same. And whereas, the said CD. was, on
1 1 I 3
854 Wood.
the day of last past, apprehended by E. F. con-
stable of in the said county, carrying wood suspected to
be stolen by him the said C. D. [o7-, whereas a certain quantity
of wood, to wit, specify the same, suspected to be stolen, was
this day, by virtue of my warrant for that purpose directed to
the constable of in the said county, found in the house,
or othei' place, of the said CD. at aforesaid.] And
whereas the said C. D. being now brought before me, hath not
given to me any satisfactory account how he came by tlie said
wood, nor can produce the party of whom he bought the same
nor any credible witness to testify upon oatli the sale tbereof ;
therefore the said C. D. is convicted by me of cutting, spoiling,
taking and carrying away tbe said wood. And whereas also, it
is duly proved before me, tliat A. B. of aforesaid, yeoman,
was and is the owner of the said wood, and that the said offence
was committed at aforesaid in the parish of in the
said county; I do therefore hereby order and appoint the said
C. D. within the space of days now next ensuing, to pay
unto the said A. B. the sum of , in recompense and sa-
tisfaction for the damages done unto him the said A. B. by the
said C. D. in cutting, spoiling, taking and carrying away the
said wood; and I do also hereby order the said C. D. within
the space of days now next ensuing as aforesaid, to pay
to the overseers of the poor of the parish of aforesaid, for
the use of the poor of tiie said parish, the sum of 10s. for the
said offence.
Given under my hand and seal, at in the said county,
this day of , in the year of our Lord 181 7.
S. P.
Commitment f 07' Non-payment,
To the Constable of and to the Keeper of the House of
Correction at in the county of .
to wit. Whereas A. B. of in the said county.
yeoman, on the day of now last past, did make oath
before me S. P. Esq. one of His Majesty's justices of the
peace for the said county, that within the space of six weeks
then last past, a certain quantity of wood, his property, at
in the parish of in the county aforesaid, was cut and
Wood, 855
spoiled, and from thence taken and carried away; and that he
had just cause to suspect, and did suspect, that C. D. of
in the said county, yeoman, did cut and spoil, take and carry
away the same. And whereas the said C. D. [as in the pre-
ceding order]. And whereas the said C. D. on the — day
of now last past, having been brought before me, did not
and could not give to me any satisfactory account how he came
by the said wood, nor could produce the party of whom he
bought the same, nor any credible witness to testify upon oath
the sale thereof, and thereupon was by me convicted of cutting
and spoiling the said wood, and ordered to pay to the said A. B.
the owner of the said wood, the sum of within days
then next ensuing, in recompense and satisfaction for damages,
and also the sum of 10s. to the overseers of the poor of the
parish of aforesaid, where the said offence was committed,
for the use of the poor of the said parish. And whereas it ap-
pears to me, that the said several sums have been duly de-
manded of him the said C. D. but that he iiath refused and
doth refuse to pay, and hath not yet paid tlie same nor any
part thereof; 1 do therefore hereby require you the said con-
stable of aforesaid, to convey the said C. D. to the said
liouse of correction at aforesaid, and to deliver him to the
keeper thereof, together with this warrant. And I do hereby
command you, the said keeper, to receive him into your cus-
tody in the said house of correction, and there to detain him
for the space of days. Herein fail not.
Given under my hand and seal &c.
S. P.
[If instead of being sent to the house of Correction he is ordered
to be whipped^ then saij, — I do therefore hereby command you
the said constable forthwith to receive the said C. D. into your
custody, and to strip him naked from the middle upwards and
whip him until his body be bloody.]
Order for the Buyer of Stolen Wood to pay treble Damages.
] 5 Car. II. c. 2.
to wit. Whereas it hath been duly proved before me
S. P. Esq. one of His Majesty's justices of the peace for the
said county, that E. F. of , yeoman, did, within the space
of six weeks now last past, buy several burdens of wood of
1 1 1 4
85(3 Wood.
C. D. of , yeoman, and that the said C. D. is justly sus-
pected to have stolen the same from A. B. of -, yeoman,
and that the said wood, at the time when the said E. F. so
bought the same, was of the value of 5s. I do hereby order
that the said E. F. do forthwith pay unto the said A. B. the
sum of 15s. the same being treble the value of the said wood so
by him bought as aforesaid.
Given under my hand and seal, at in the said county,
the day of , in the year of our Lord 1817-
S. P,
Warrant of Distress for Non-payment.
To the Constable of .
to wit. "Whereas on the day of — ~ now last
past, it was duly proved before me S. P. Esq. one of His Ma-
jesty's justices of the peace for the said county, that E. F. of
^ "yeoman, did, within the space of then last past,
buy several burdens of wood of C. D. of , yeoman, and that
the said CD. was justly suspected to have stolen the same
from A. B. of , and that the said wood, at the time when
the said E. F. so bought the same, was of the value of 5s.
And whereas, on the day aforesaid, I did order that the said
E. F. should pay unto the said A. B. the sum of 15s. the same
being treble the value of the said wood so by him bought as
aforesaid ; which said sum he hath not yet paid, nor any part
thereof : These are tlierefore to command you to make distress
of the goods and chattels of the said E F. and if within the
space of five days next after such distress by you made, the
said sum of 15s. together with the reasonable charges of
taking and keeping the said distress, shall not be paid, that
then you do sell the said goods and chattels so by you distrained,
and out of the money arising by such sale, pay the said sum
unto the said A. B. returning the overplus, upon demand, unto
the said E. F. the reasonable charges of taking, keeping and
selling the said distress being thereout deducted.
Given under my hand and seal, at in the said county,
the day of , in the year of our Lord 1817-
. S. P.
If'ood. 857
Conviction for Cutting dovm Trees. — 6 Geo. III.
to wit. Be it remembered that on the day of
— — , in the year of our Lord 181/, A. B.of in the county
of , yeoman, was, upon the complaint of C. D. of ,
yeoman, convicted before me S. P. Esq. one of the justices of
the peace for the said county of , in pursuance of an act
passed in the sixth year of the reign of His Majesty King
George the Third, for that he the said A. B. did on the
day of last, go into the wood grounds of and belonging to
E. F. of in the parish of in the county aforesaid, and
then and there [stat-e the facts], not then having the consent of
the said E. F. the owner of the said wood, nor of any other
person entrusted with the care thereof; for which offence the
said A. B. was by me the said justice ordered to forfeit and pay
the sum of , together with for the charges and ex-
penses previous to and attending the said conviction, thi.s being
his offence.
Given under my hand and seal, the day and year above
written.
S. P.
Committnent for Destroying Trees, and Order to Whip the
Offender. — 1 Geo. st. 2, c. 48, and 6 Geo. c. IG,
To the Constable of , and to the Keeper of the House of
Correction at in the county of — — .
to wit. Whereas A. B. of in the county afore-
said, yeoman, is this day duly convicted before us, J. C. and
S. P. Esquires, two of His Majesty's justices of the peace for
the said county, for that on the day of now last past,
at in the county aforesaid, he the said A. B. did wrongfully
and maliciously cut down two oak trees [or as the fact is], the
property of C. D. of in the said county, Esq. without the
consent of the said C. D. the owner thereof, or of any other
person chiefly intrusted with the care and custody thereof.
We do therefore hereby command you the said constable to
convey the said A. B. to the said house of correction at
858 Wood,
aforesaid in the county aforesaid, and to deliver him to the
keeper thereof, together with this precept. And we do also
hereby require you, the said keeper of the said house of cor-
rection, to receive the said A. B. into your custody in the said
hoe-^e of correction, and him there to keep to hard labour for
the space of three months now next ensuing, and until he shall
find sufficient sureties for his good behaviour for two years.
And we do likewise hereby order you the said keeper of the
house of correction, publicly to whip the said A. B. once in
every month, during the said three months, in the market town
of in the said county, on the market day there, between
the hours of eleven and two. And for so doing this shall be
your sufhcient warrant.
Given under our hands and seals, at in the said county,
the day of ^ in the year of our Lord 1817.
J. C.
S. P.
Convktionj under 29 Geo. II. c. 36, s. 8, /or cutting down and
carrying away Trees on a Common.
to wit. Be it remembered that on the day of
' , 1817, before us J. C. and S. P. Esquires, two of the jus-
tices of our Lord the King, assigned to keep the peace of our
said Lord the King, and also to hear &c. comes A. B. of ,
at the house of me the said J. C. at , and giveth us the
said justices to understand and be informed, that on the
fJay of , C. D. of did, on and from in the pa-
i-jsl, of aforesaid, unlawfully cut down, take and carry
away upon and from Common aforesaid, a great number
of young oaks &c. until the cutting thereof standing and grow-
ing on Common as aforesaid in the parish aforesaid, in
which said common divers persons then had right of common,
and which said young oaks &c. were the property of the said
A. B. against the form of the statute in such case made and
provided; and thereupon afterwards, to wit on the day of
, in the year aforesaid, before us the said justices, at
aforesaid, comes as well the said C. D. he having been duly
summoned before us the said justices for that purpose, as the
said A. B. and the said C. D. having heard the said information
read, he the said C. D. is asked by us the said justices if he
can say any thing for himself why he should not be convicted
Woollen. 859
of tlie premises above charged against him, who pleadoth that
he is not guilty of the said oifence; and thereupon the said
A. B. being duly sworn by us the said justices upon the Holj
Gospel of God, to give evidence of the truth of and concerning
the premises aforesaid contained in the said information, vve
the said justices having fail power to administer the said oath
to the said A. B. in this behalf, and !ie the said A, B, being a
credible witness in this behalf, and being so sworn as aforesaid,
upon his oath deposeth and saith [.state the substmtce of the
evidence], and the said C. D. not shewing to us any cause why
he should not be convicted of the said offence charged against
him in and by the said information ; and we having fully heard
all and every the matters and things by him alleged in his
defence of and concerning the premises, and having fully and
maturely understood and considered the same, do adjudge that
the said C. D. is guilty of the said offence charged against him
in and by the said information, and do accordingly convict him
of the said offence; and do consider, order and adjudge that the
said C. D. be committed to the house of correction in and for
the said county, there to be kept to hard labour for the space of
three months, without bail or mainprize; and do also order and
adjudge, that the said C. D. be publicly whipped by the master
of the said house of correction once every month during such
three months, in the market town where the said house of
correction stands, between the hours of eleven and two of the
clock, according to the form of the statute in that case made
and provided. In witness &c.
WOOLLEN.
By 28 Geo. III. c. 38, all former acts respect-
ing the exportation of wool and sheep are re-
pealed, and a variety of regulations and restric-
tions are consolidated in this act, to which it
is advisable to refer, rather than consult an ab-
stract of it. The penalties are cliiefly recovera-
ble in a court of law; for which reason, and be-
cause the acts relating to the Woollen Manufac-
860 IFrech
tures have only a local operation, it is the less ne-
cessary to abstract the clauses. By 50 Geo. HI.
e. 83, the 1 R. III. c. 8.-5 H. VIII. c 3 —
27 H. Vni. c. \3, and 33 H. Fill. c. 19, are re-
pealed. By 54 Geo, III. c. 78. the acts 9 ami
10 fF. III. and 28 Geo, IIL c. 38, as far as re-
spects the removal of wool within a certain dis-
tance, are repealed.
By 54 Geo. IIL c. 108, the acts of 30 and 32
Car. II. for burying in woollen are repealed.
WRECK.
By 12 Ann, st. 2, c. 18, and 26 Geo. II. c. 1 9, it
is enacted that justices^ mayors, bailiffs, collectors
of customs or chief constables, nearest to where
any ship shall be stranded or cast away, shz^il con-
vene a public meeting of the sheriff or his deputy,
justices of the peace, mayors, coroners, and com-
missioners of land tax, or any five of them, who
shall employ persons to save the same, and require
the aid of constables and excise officers; and any
justice, in the absence of the sheriff, may take suf-
ficient power of the county, and they may command
all ships at anchor near to assist, under pain of
^100. to be paid by the officer refusing to the offi-
cer of the ship in distress. The persons assembled
shall conform to the orders — 1st of the master,
owner or officers, and if not present, to officers of
the customs; next to the officers of excise, thefl to
PFrech ml
the sheriff or his deputy, then of a justice or mayor,
then of a coroner, then of a commissioner of land
tax, then of a chief and finally of a petty constable;
any persons acting contrary to such orders to for-
f*^ifc <^5. to be levied by warrant of one justice, and
for non-payment to be committed to house of cor-
rection for not more than three months.
Justices, &c. to have 4s. a day during their at-
tendance, out of the goods saved.
Any person, without authority, entering on board
the vessel or defacing the marks on goods, shall
within twenty days make double satisfaction, at
the discretion of the two next justices, or be sent
to hard labour for twelve months to the house of
correction. Reasonable salvage, to be allowed by
three justices, to be paid to all persons assisting in
preserving the cargo.
One justice may issue his warrant to search for
any part of the cargo suspected to be concealed,
and if same found and not restored on demand, the
person in whose custody the same is found shall be
committed to the common gaol for six months, or
until he shall have paid treble the value.
. If any person offers to sell such goods, the per-
son to whom they are offered, or any excise, cus-
tom-house or peace othcer may seize the same, and
shall carry the same or give notice thereof to a jus-
tice; and if jsuch person shall not in ten days satis-
factorily prove his property therein, they shall be
delivered to the real owner, on payment of a rea-
862 rVreck.
sonable reward to be ascertained by the justice, and
otfender to be committed for six months to the
common gaol, or until he shall have paid treble the
value, and reasonable reward, to be ascertained by
a justice, to be paid to any person discovering such
goods bought, sold or concealed.
Officer of customs to cause the crew of the vessel
to be examined by a justice as to the occasion of the
wreck, and of the names of the master, owner, &c.
which shall be given to the officer of the customs,
and transmitted by him to the Secretary of the Ad-
miralty, to be inserted in the Gazette; and if no
persons appear to claim the goods, the officer shall
apply to the three nearest justices, who shall put
him or some other responsible person in possession,
taking an account in writing, to be signed by the
officer; and if they are not claimed in a year, they
may be sold (but if perishable immediately), and
the money returned to the Exchequer till claimed
by the owners. The clauses in these acts not to
prejudice the rights of lords of manors.
By 48 Geo. III. c. 130, the powers of 12 Ann,
for adjusting and recovering salvage in certain
cases are extended ; and by 53 Geo. III. c. 87, the
last act, and also 49 Geo. III. c. 122, is continued
in force for seven years from the 2nd of July, 1813.
ADDENDA.
ALEHOUSE.
J.F a victualler hath not been licensed the year
before the general licensing day, then these words
must be inserted in the license: — " A certificate
under the hands of the minister and parish officers
of the said parish of having- been first pro-
duced unto us, setting forth that the said is of
good fame, and of sober life and conversation."
Precept to High Constable to give Notice to the Petty Con-
stables of the special Days of Meeting appointed for
granting or continuing Ale Licenses, agreeable to sec. 2
and 3 of 32 Geo. III. c.59.
County of and) To W. S. Gent. High Constable of the
Division of . f hundred of in the said county.
We whose hands are hereunto set and seals af-
fixed, His Majesty's justices of the peace acting in and for the
division of in the said county, at our general meeting for
licensing victuallers for the said division, this day assembled,
do hereby require you forthwith to give notice to the several
petty constables within your hundred of the following special
days of meeting by us this day appointed, for granting or con-
tinuing ale licenses within the said division, agreeable to the
statute made in the 32nd year of the reign of His present Ma-
jesty, requiring thcin to give public notice of the same special
864 j4lehouse.
days of meeting, by leaving one of the printed papers sent
herewith with each alehouse keeper in their several and respec-
tive parishes, liamlets or divisions. Herein fail not.
Given under our hands and seals, this day of Sep-
tember, 181 7.
J. C,
S. P.
at in J at 1 !
{ o'clock in the forenoon.
Notice to Alehouse Keepers of the special Days of Meeting for
continuing or granting Ale Licenses.
Notice is hereby Given,
That Flis Majesty's justices of the peace, acting
in and for the said hundred, will hold their special meetings at
, in the said hundred and county, on the days and times
hereunder written, to grant or continue licenses to such ale-
houses as were duly licensed at the general licensing day, in
September 1817, i» cases where the occupiers thereof, who,
vrhen so licensed shall happen to die or remove from their
respective houses; and every new tenant or occupier must ob-
tain a certificate in the parish where such house is situated, of
his or her good fame, sober life and conversation, within thirty
days after entering upon any house, and produce the same at
the next special meeting hereunder-mentioned; and then and
there personally enter into recognizance with sureties, as the
statute directs, otherwise such license will be void.
1st Monday, November 1, 18 1 7.
2d
3d ^at 1 1 o'clock in the.
4th ( forenoon.
5 th
6th
By order of the Magistrates,
W. T. Clerk.
'at 1 1 o'<
Aliens. 865
ALIENS.
By bQ Geo. III. c. 86, aliens not departing the
realm in pursuance of any proclamation requiring
them so to do, to be committed to gaol. s. \. and
alien disobeying such proclamation, on conviction
to suffer imprisonment for not exceeding one
month for the first offence, and not exceeding
twelve months for every subsequent offence, .y. 2.
Masters of vessels on their arrival shall declare iu
writing to the inspector of aliens or officer of the
customs the number, names and descriptions of the
aliens on board, under penalty of ^10. for each
alien, s. 4, 5.
Aliens on their arrival or departure to declare in
writing to the inspector or custom-house officer
their names, description and occupation, &c. neg-
lecting to make such declaration, or making a false
one, may be imprisoned for not exceeding three
months, or may be adjudged to depart the king-
dom within a limited time, and on neglect may be
imprisoned not exceeding twelve months, s. 7.
Inspector of aliens or officer of customs to give a
' certificate of such declaration to aliens, who shall
within a week after their arrival produce such cer-
tificate to the chief magistrate or a justice of the
place in which such alien shall be ; or if certificate
lost, to deliver a particular description thereof,
and on neglect or refusal shall on conviction before
two justices be imprisoned not exceeding one
K K K
SGG apprentices.
month. .9. 8, f). Mayor or one or more justices
may apprehend by wai'rant suspected aliens, and
shall transmit an account of their proceedings to
the Secretary of State, s. 10. Justices shall grant
certificates in lieu of such as shall appear to be lost
or destroyed, s.ii. and justices to whom such certi-
ficate shall be produced, shall transmit copy thereof
to the Secretary of State, s. 12. No fee to betaken
for such certificate under penalty of ^10. and in-^
spector of aliens or officer of customs refusing or
neglecting to make an entry of the declaration, or
to grant any certificate thereon, or making a false
entry, to forfeit ^20. 6". 13. Act not to extend to
aliens not more than fourteen years old. ^^ 15.
Any justice may admit an alien to bail under au-
thority of the Secretary of State, s. 17.
Penalties exceeding ^10. to be recovered by
action, and not exceeding that sum before any jus-
tice of the peace where offence committed ; to be
recovered by distress and sale, and for want of
distress, the offender to be committed for any time
not exceeding six calendar months, s. 20. Act to
continue in force two years from the 26th of June,
I816, and until the end of the session of Parliament
(if sitting) in which the two years shall expire, s. 24.
APPRENTICES.
By 5(j Geo. III. c. 139, it is enacted that after
the 1st day of October 18 16, before any child shall
^Apprentices. S6J
be apprenticed by the overseers, &c. of any parish,
&c. such child shall be carried before two justices
of the division, &c. where such parish shall be si-
tuate, who shall enquire into the propriety of bind-
ing- such child apprentice to the person to whom it
is proposed to bind such child; and such justices
shall enquire and consider whether such person
resides or carries on his business within a reason-
able distance from the place to which such child
shall belong-, having regard to the means of com-
munication between such places, or whether any
circumstances shall make it fit that such child
should be placed apprentice at a greater distance;
and if the father or mother of the child shall be
living and reside in or near the place to which such
child shall belong, such justices shall if they see fit
examine such father or mother, or either of them,
and shall particularly enquire as to the distance of
the residence or place of business of the person or
persons to whom it shall be proposed to place such
child, and the means of communication therewith;
and such justices shall also enquire into the cir-
cumstances and character of such person or per-
sons ; and if such justices shall upon such examina-
tion and enquiry think it proper that such child
should be bound apprentice to such person or per-
sons, such justices shall make an order declaring;
that such person or persons is or are a fit person
or persons to whom such child may be properly
bound as an apprentice, and shall thereupon order
K K K 2
868 Apprentices.
jthat the overseer or overseers of the place to which
suchchildshaU then belong", shall be at liberty tobind
such child apprentice accordingly, which order shall
be delivered to such overseer or overseers as the
warrant for binding such child apprentice as afore-
said; and such order shall be referred to by the
date thereof and the names of the said justices in
the indenture of apprenticeship of such child, and
after such order shall have been made, such justices
shall sign their allowance of such indenture of ap-
prenticeship before the same shall be executed by
any of the other parties thereto. Provided always,
that no child shall be bound apprentice to any per-
son or persons residing or having any establish-
ment in trade at which it is intended that such
child shall be employed, out of the same county, at
a greater distance than forty miles from the parish
or place to which such child shall belong, unless
such child shall belong to some parish or place
which shall be more than forty miles from the city
of London; in which case it shall be lawful for the
justices who shall authorize the apprenticing of
such child, to make a special order for that
purpose, in which order such justices shall dis-
tinctly specify the grounds on which they shall
think fit to allow of the apprenticing such child
to a person or persons residing or having an
establishment in trade at a greater distance than
forty miles from the parish or place to which such
child shall belong, s, 1 . The indenture must be al~
apprentices. 869^
lowed by two justices of the county into which the
apprentice is to be bound, as well as by two jus-
tices of the county from which he is bound, s. 2.
The distance to which apprentice may be bound,
not to be limited to cities which are counties of
themselves, s.4. No settlement to be gained un-
less the directions of this act is complied with. s. 5.
adid overseers binding- apprentices contrary thereto
shall forfeit ^\o. for each apprentice. s.Q. No
child to be bound until he shall be nine years old.
a. 7. If master remove out of the county, or forty
miles from the place where such child was bound,
such master to give notice to the parish officers at
least fourteen days previous to such removal, unless
such master reside under a certificate, and then the
like notice to the parish officers where such appren-
tice shall then be legally settled; and such parish
officers and the master shall cause the apprentice
to appear before two justices of the county within
which such apprentice shall be serving, who shall
enquire as to the propriety of the apprentice con-
tinuing or being discharged, or assigned to emother
person, as they shall see fit, arid shall order the
same accordingly; and if any master shall remove
without such order, or abandon his apprentice, he
shall forfeit ^10. to the parish officers of the
parish, &c. wherein he at the time of removal or tak-
ing such apprentice shall be legally settled, to the
use of the poor; but information must be exhibited
within three calendar months after commission of
K K K 3
8^0 Apprentices.
the offence, s. 8. No master to discharge or trans-
fer any apprentice without consent of justices, as
directed by 32 Geo, lib c. b'J, under a penalty of
^10. for each apprentice so discharged or trans-
ferred, s. 10. No indentures, by reason of which
any expense shall be paid out of the public paro-
chial fund, shall be valid, unless approved by two
justices, in the manner directed by 43 Eliz. and by
this act s. 11. Penalties to be recovered by in-
formation before any two justices of the county
where offence committed, s. 12. and such justices
may direct such penalties to be paid (after deduct-
ing costs) to the informer or the overseers of the
poor of the parish where offence committed, or to
the officers whereof such apprentice shall have been
bound, for the use of the poor, or applied in bind-
ing the apprentice to any other person, or other-
wise as the justices shall think fit. s. 13.
Penalties to be recovered by distress and sale,
and in default of distress offender to be committed
to the common gaol or house of correction for not
less than one nor more than six months, to be ap-
pointed by the convicting justices. S. 14.
If penalty not paid within one calendar month
after conviction, the convicting justices or any
two other justices of the county may issue their
warrant to apprehend and imprison the offender,
notwithstanding he may have goods whereon to
levy the penalty, s. i6.
Apprentices. 87 1
' Appeal allowed to general or quarter sessions
within three months after offence committed, on
giving notice in writing to the justices and to the
person or persons interested in such appeal, within
twenty-one days after the act appealed against
shall have taken place; and if such appeal shall be
against any conviction, then entering into recog-
nizance with two sureties before any justice of the
county to appear at such general or quarter ses-
sions, and abide the judgment of the court, and pay
the costs which may be awarded. The appeal to
be to the county sessions, and not to any district
or liberty within the same. s.l^.
Provisions and penalties of this act to extend to
churchwardens having the power and authority of
overseers. 6-. 18.
Justice's permission to hind Apprentice , under 56Geo. 111. c. 139.
to wit. Whereas A. B. and C. D. overseers of the"
poor of the parish of in the county of , have on this
day of , in the 57th year of the reign of His present
Majesty, at the parish of in the said county, brought be-
fore us J. C. and S. P. Esquires, justices assigned to keep the
peace in and for the said county of , and also to hear and
determine divers felonies, trespasses and other misdemeanors in
the said county committed, T. F. a poor male [or, female, as
the cuse may he] child, of the age of and upwards [th(^
child's age mu.st exceed nine years], belonging to and having a^
settlement in the said parish of in the said county, and
wliose parents E. F. and C. F. are not able to maintain such
child. And the said A. B. and C. D. as such overseers of the
parish of , have proposed to us the said justices to bind
such child to be an apprentice to one G. H. of the parish of
in the county of , and residing within the distance of
K K K 4
872 Apprentices.
forty miles from the parish and place to which the said child
dotli belong, and as an apprentice witli him the said G. H. to
dwell and serve, until the said T. F. shall come to the age of
years, [or^ if a female, add, or until the time of her mar-
riage, which shall first happen,] according to the statutes in
such case made and provided. And whereas we the said J. C.
and S. P. having now here enquired into the propriety of bind-
ing such child apprentice to the said G. H. being the person to
whom it hath been so proposed by such overseers to bind such
child as aforesaid: And whereas we the said justices have now
here particularly enquired and considered whether such persoa
doth reside and have his place of business within a reasonable
distance from the place to which such child doth so belong as
aforesaid, having regard to the means of communication be-
tween such places, and whether any circumstances make it fit
in the judgment of us the said justices that such child should
be placed apprentice at a greater distance. [And whereas also
we have now here examined the said E. F. and C. F. the father
and mother of the said child, and who reside in the said parish
and place to which the said child doth belong, if this was not
done, the words within these brackets should be omitted:] And
we have now here particularly enquired of the said E. F and
C. F. and otherwise, as to the distance of the residence and
place of business of the said G. H . the person to whom it hath
been so proposed to place such child, and the means of commu-
nication therewith. And whereas also we the said justices
have also now here enquired into the circumstances and cha-
racter of the said G. H. and on such examination and enquiry
we the said justices think it proper that such child should be
bound apprentice to the said G. U. Now therefore we the
said justices do declare that the said G. H. is a fit person to
whom the said child may be properly bound as apprentice as
aforesaid; and we do therefore hereby order and direct that the
said A. B. and C. D. the overseers of aforesaid, being the
place to which such child doth belong, shall be and are at li-
berty to bind such child apprentice accordingly.
Given under our hands and seals, this day of , lu.
the year of our Lord 1817.
J. C.
S. P.
Apprentices, 8/^
Parish Indenture of Jpprentkeship, under same Statute,
THIS INDENTURE made the day of
J in the 57th year of tlie reign of our Sovereign Lord
George III. by the grace of God of the United Kingdom of
Great-Britain and Ireland King, Defender of the Faith, and so
forth, and in the year of our Lord 1817, witnesseth that J.K.
and L. M. churchwardens of the parish of , in the county
of , and A. B. and C. D. overseers of the poor of the said
parish, by and with the consent of His Majesty's justices of the
peace for the said county of , whose names are hereunto
subscribed, and by virtue and in pursuance of an order in
writing made by and under the hands and seals of J. C. and
S. P. Esquires, justices of the peace in and for the said county,
in pursuance of the statute in that case made and provided, and
bearing date the day of instant, have put and placed,
and by these presents do put and place T. F. aged years,
or thereabouts, a poor child of the said parish of — — ap-
prentice to G. H. of &c. with him to dwell and serve from the
day of the date of these presents until the said apprentice shall
come to the age of , [or, if a female, add, or until she
shall many, which shall first happen] according to the statutes in
tliat case made and provided ; during all which term, the said
apprentice his said master faithfully shall serve in all lawful
businesses, according to his power, wit and ability; and ho-
nestly, orderly and obediently in all things demean and behave
himself towards his said master and all his during the said
term. And the said G. H. for himself, his executors and
administrators, doth covenant and grant to and with the said
churchwardens and overseers, and every of them, their and
every of their executors and administrators, and their and every
of their successors for the time being, by these presents, that
he the said T. F. the said apprentice, in the art, trade or my-
stery of shall and will teach and instruct, or cause to be
taught and instructed in the best way and manner that he can
Inhere insert any special or particular covenant]; and shall and
will during all the term aforesaid, find, provide and allow unto
tlie said apprentice meet, competent and sufficient meat, drink,
apparel, lodging, washing and other things necessary and fit for
an apprentice; (Provided always, that the said last mentioned
covenant, on the part of the said G. H. his executors and ad-
8^4 Apprentices.
ministrators to be done and performed, shall continue and be
in force for no longer time than for three calendar months next
after the death of the said G. H. in case he the said G. H.
shall happen to die during the continuance of such appren-
ticeship, according to the provisions of an act passed in the
thirty-second year of the reign of King George the Third, inti-
tuled " An Act for the further Regulation of Parish Appren-
tices.") And also shall and will so provide for the said ap-
prentice that he be not any way a charge to the said parish of
^ , or parishioners of the same; but of and from all charge
shall and will save the said parish harmless and indemnified
during the said term.
In witness whereof, the parties abovesaid to these present
indentures interchangeably have set their hands and se;Us the
day and year first above written.
We whose names are hereunder written, justices of
the peace for the county aforesaid, (whereof one is
of the quorum), do consent to the putting forth
T. F. an apprentice, according to the intent and
meaning of this indenture; and do sign this our
allowance of such indenture of apprenticeship be-
fore the same hath been executed by any of the
other parties thereto, in pursuance of the statute in
such case made and provided. Dated this — —
day of J in the year of our Lord 1817.
J. C.
S. P.
Sealed and delivered
in the presence of
Comictton, under 56 Geo. III. c. 139.
to wit. Be it remembered that on the day of
, in the year of our Lord 1817, A. B. of &c. is convicted
before us J. C. and S. P. Esquires, two of His Majesty's jus-
tices of the peace for the county of , upon the information
of C. D of &c. for that Istaie the offeiue], contrary to the
form of the statute passed in the 56'th year of the reign of His
Bastardy, 875
Majesty King George 111. intituled " An Act to regulate the
binding of Parish Apprentices," and for which offence we do
adjudge that the said A. B. shall forfeit and pay the sum of
, to he paid and applied as follows [state the application'] ;
and in case such penalty shall not be paid by the said A. B. or
levied by distress upon his goods and chattels within days
from the date of this conviction, we adjudge that the said A. B,
shall be imprisoned in for the space of .
Given under our hands and seals, the day and year first above
mentioned,
J. C.
S. P.
BASTARDY.
fVarrant to apprehend the reputed Father for disobeying Order
of Filiation and Maintenance.
To the Constable of the parish of in the county of ,
to wit. Whereas it hath been made appear to me
S. P. Esq. one of His Majesty's justices of the peace for the
said county, upon the oath of A. B. overseer of the poor of the
said parish of , making complaint to me in this behalf, that
by an order under the hands and seals of J. C. and S, P. Esqrs.
two of His Majesty's justices of the peace for the said county
of , (one whereof, at the time of making the said order, was
of the quorum,) and both residing next unto the limits of the
parish church of- in the same county, C. D. of was
adjudged to be the reputed father of a [male] bastard child,
lately born of the body of E. F. single woman, at in the
said parish of , and ordered to pay unto the churchwardens
and overseers of the poor of the said parish of — — , the sum of
; and that the said C. D. had due notice of the said order,
a true copy thereof in writing having been personally delivered
to him the said C. D. by G. H. one of the overseers of the poor
of the said parish of , on the day of -, and that no
appeal hath been made to the court of quarter sessions against
the said order; and that the said C. D. hath not yet paid the
said sum of money; and that the said CD. hath left his usual
place of abode in the parish of , and hath avoided a
demand of the said sum being made by the said G. H. and that
8^6 County Bate,
although payment of the said sum hath been duly demandrd
from the said C. D. by the said G. H. after the making the said
order and notice thereof, yet that he the said C. D. refused to
pay the same. These are therefore to command you, in His
Majesty's name, to apprehend the said C. D. and bring iiim
before me or some other of His Majesty's justices of the peace
of the said county, to answer such complaint, and to be further
dealt withal according to law. Herein fail you not.
Given under my liand and seal, this ■ day of , in the
year of our Lord 1 8 1 7 .
S. P.
COUNTY RATE.
By 56 Geo. III. c. 49, all messuages, lands, tene-
ments and hereditaments situate in any extra-paro^
chial place, though not deemed rateable to the
poor, are to be subject to the county rate. j. 1.
Justices at general or quarter sessions are required
to appoint four justices (two for each county, &c.)
to fix the boundaries between counties, ridings, di-
visions, or parts of counties, where any doubt or
dispute shall have arisen touching such boundaries.
s. 2. and either of the said four justices dying, de-
clining, or becoming incapable of acting, another
may be appointed in his room, by the justices at
the general or quarter sessions, s. 3. If justices
cannot agree upon the boundaries, they may ap-
point a referee, who shall within twenty-one days
fix a time and place to meet such justices ; and-
such referee, with the said justices, to determine the
boundary in dispute, and the determination of the
said justices and referee, or the major part of them,
to be binding and conclusive, s. 4.
County Rate. 877
In cases of appeal to any rate under 55 Geo. IIL
r. 51. the same to be made to the next general or
quarter sessions after the cause of appeal arisen,
and fourteen clear days' notice in writing- of such
appeal to be j^iven previous to the sessions. The
rate to be paid notwithstanding such notice, and to
be repaid in whole or in part, if on the hearing of
the appeal it shall be remitted or decreased, s. 5.
Return of Rental of the Parish, under 55 Geo. III. c. 51, as
charged to the Poor Rate, to be made on Oath by an Overseer,
in open Court, on the first or second Day of the Michaelmas
Quarter Sessions yearly.
To the Worshipful His Majesty's Justices of the Peace for the
county of , in their Quarter Sessions of the Peace
assembled.
The return in writing, upon oath, of A. B. one erf
^he overseers of the poor of the parish of in the county of
, of the total amount of the rental or real value of the
estates within tlie said parish, as charged and assessed to the
poor's rate thereof at the time of making such return, and also
of the proportionable mode of rating in pursuance of an act of
parliament passed in the 37th year of the reign of His present
Majesty, intituled, " An Act for empowering the Justices of the
Peace for the county of Middlesex, at their General or Quarter
Sessions of the Peace, to make a fair and equal County Rate for
the said County." The total amount of the rental or value as
charged and assessed to the poor's rate for the parish of
abovemeutioned, at the time of making this return was^ .
This district rates, as nearly as the parish officers can ascertain
it at the rack rent or full value [or as tJie ca^-e may be,}
Sworn in open court, the
day of , ltil7.
A. B. Overseer of the Poor.
87^ Game. — Gaols.
GAME.
By 66 Geo. TIL c. 130, the act 39 and 40 Geo. II L
c. 50, is repealed ; and it is enacted that persons
going armed or disguised in the nighttime, i. e. be-
tween eight o'clock at night and seven o'clock in
the morning from the 1st of October to the 1st day
of March, or between ten o'clock at night and four
o'clock in the morning from the 1st day of March
to the 1st day of October, with apparent intent to
destroy game, may on conviction be transported
for seven years, or such other punishment as is by
law inflicted on persons guilty of a misdemeanor;
and if offender returns from transportation before
his time expires, he shall be transported for life*
jr. 1,2.
Offenders may be apprehended and conveyed be-
fore a justice, or justice may issue his warrant to
apprehend such offender, and if convicted, he may
be admitted to bail, and in default of bail, may be
committed till the next general or quarter ses-
sions, s. 3.
GAOLS.
By 56 Geo. III. c. 11 6, it is enacted that the sta-
tute 55 Geo. III. c. 50, for abolishing gaol and
other fees, shall extend to all prisoners as well
criminal as civil, whether confined for debt or
crime in any prison in England; and that the
Foor. 879
gaolers and keepers of such gaols and prisons shall
have compensation in lieu of fees abolished by that
act, as by such act is provided, s. 3.
POOR.
By 56 Geo. III. c. 129, it is enacted that all enact-
ments contained in any acts of parliament since the
reign of Geo. I. whereby any poor persons other
than such as shall actually apply for and receive
parochial relief, are compelled to go or remain in
any workhouse or house of industry, or where any
poor person may be detained or kept therein at the
discretion of the governors or directors thereof,
or of the churchwardens or overseers of the poor,
after such persons are capable of maintaining
themselves ; or whereby any poor person may be
compelled to remain in such workhouse, &c. until the
expenses of the parish, &c. for the maintenance of
such poor person or his family shall be repaid or
satisfied by the earnings of such poor person ; or
whereby any poor child is rendered liable to be
apprenticed to any governor, &c. of any house of
industry or workhouse, or whereby any parish, &c.
at a greater distance than ten miles from such
house of industry or workhouse shall hereafter be
authorised to become contributors to or take the
benefit of such house of industry or workhouse; or
whereby any governors, &c. of such house of in-
dustry or workhouse are authorised to hire out
880 Biot.
any poor person of full age, or to contract or ag-ree
with any person to have and take the profit of tlie
labour of such person or persons, shall be and arc
by this act wholly repealed, s. 1.
No governor, &c. of any house of industry or
workhouse to chain or confine any poor person of
sound mind. s. 2.
RIOT.
By 56 Geo. III. c. 125, any person or persons
riotously assembling and pulling- down, destroying
or damaging any engines or erections used in coal
or other mines, or any bridge, waggon way or trunk
erected for carrying coals or other minerals, shall
be adjudged guilty of felony and shall suffer death.
s. 1. and persons so injured may recover the value
of their property destroyed, under 1 Geo, I. c. 5. —
Owner or proprietor to give notice of such unlawful
assemblies to the nearest magistrate, and to the
constable and some resident housekeeper of such
place where the assembly is held, within two days
after the injury done, and within four days shall
give in his examination or that of his servants on
oath before any justice of the peace where oflTence
committed ; and if the person is known who com-
mitted the oftence, such owner or proprietor shall
be bound to prosecute, s. 3.
INDEX.
GENERAL INDEX,
INDEX
THE PRECEDENTS.
L L I.
.jL^.^VAVi^.. V -f
GENERAL INDEX.
Page
»^4CCESSA RY before the fact 1
Affidavit of the party to ground
a warrant for apprehending
accessary 9
Warrant thereon i6.
Commitment id.
Accessor!/ after the fact S
Warrant to apprehend for har-
bouring the principal 4
Dilto for receiving stolen goods id.
A ction 5
Notice of action to 3 justice of
the peace for false imprison-
ment G
Ditto to an excise officer for
seizing goods «. 7
Ditto for stopping and detaining
a horse and cart 8
Ditto to collectors of taxes for
an illegal distress ib.
Demand on a constable of pe-
rusal and copy of his warrant 9
The like on a gaoler 10
Affidavits ib.
Of overseer of the poor that a
woman brought to bed of a
bastard had not been deliver-
ed a month, 6cc ib.
Of service of a summons to
ground a warrant for disobe-
dience 11
Of Ijeing prevented by illness
from attending the session in
order to move to continue the
party on his recognizance. . . .ib.
h L
Page
Affray • • 1 1
Affidavit to ground a warrant
to apprehetid atiVayers .... 12
Warrant to apprehend affrayers IS
Alehouse ib.
Precept to high constable to
issue warrants to petty con-
stables 1o summon alehouse
keepers to be licensed ig
High constable's warrant to
petty constable ib.
Certificate to enable justices to
grant a new or transfer an old
license 20
The like at general licensingday 21
Allowance thereof ib.
Victualler's recognizance .... ib.
Ditto license 23
Certificate of one justice for
continuing license to a person
coming in after death or re-
moval ib.
Information for selling beer
without license 24
Summons thereon 25
The like to witness to give evi-
dence 26
Conviction ib.
Notice thereof, and demand of
penalty and costs ib.
Warrant of distress on refusal
to pay 27
Constable's return of no dis-
tress 28
Commitment to gaol ib.
L 2
General Index.
■;--ix.'-. ■■s.: Page
Alehouse, information apainst a
person for being- drunk .... 29
Summons thereon ib.
Conviction 6f drunkenness by a
jubtice on view 30
WarriHit to demand the penally ib.
Warrant of distress .......... 31
Commitment to the stocks. . . . ib.
Complaint for tippling. ib.
Conviction of a victualler on
view of a justice for suflering
tippling 32
Conviction for sutfering gaming S3
Precept to high constable to
givenoticeto petty constables
of the special days appointed
for granting alehouse licenses 863
T^'otice to alehouse keepers
thereof 864
Aliens 33 and 865
A Imanacks 36
Appeal ib.
Apples and Pears 37
Apprtnticcs 38 and 866
Itegi-ter of a parish apprentice 39
A parish indenture 44
Proviso to be added to covenant
for maintenance 45
Assent of two justices ib.
Warrant to levy 10/. for not re-
ceiving a poor apprentice ... 46
Summons to master for misusage 47
Thfi like to apprentice on com*
plaint of master ib.
Order for discharjjing appren-
tice by four justices 4S
Complaint of apprentice to two
j iistices 49
Summons to the master ib.
Discharge of the apprentice by
two justices for misusage. . . . ib.
Complaint of master against an
apprentice ^0
Warrant for adisorderly appren-
tice 51
Commitment of api)rentice to
house of correction il,
Didcharge of apprentice by two
justices on complaint of master 52
Assigument of an apprentice . . ib.
Page
Apprentices, order of two jus-
tices for apprentice to con-
tinue with the widow, &c. of
his deceased master by in-
dorsement 5S
The like by separate instrument 54
Assignmentof a parish appren-
tice by indorsement ib.
The like by separate instrument 55
Conviction under 42 Geo. III.
c. 46 ib.
Discharge of a parish apprentice
and ordertoreturnliis clothes ib.
Information & complaint thereon 56
Warrant of distress 57
Complaint against master for
not delivering his clothes to a
discharged apprentice ib.
Order thereon 58
Warrant of distress ib.
Master's oath to claim his ap-
prentice 59
Justice's permission to bind
parish apprentice under 56
G. Ill 871
Parish indenture under jditto..873
Conviction under di»^to 874
Arrest 59
Arson. See Burning.
Assault and Battery 6l
AfHdavit to ground a warrant
for an assault ib.
Warrant for an assault 6i
Acknowledgement of satisfaction Cys
Athdavit of subscribing wit-
ness thereto ib.
Bail lb.
Recognizance to prefer and pro-
secute a bill of indictment for
felony Qo
Notice of putting in bail on a
Bench Warrant ib.
Ditto before a judge of the
King's Bench QQ
Bastardi/ ib.
Examination of the mother of
a bastard before birth 73
The like after birth ib.
Warrant against reputed father 74
The like after birth ib.
General Indeoo,
Page
BastardTf, filher's recognizance
before birth 75
The like after birth 76
Warrant to apprehend the mo-
ther in order to send her to
the house of correction .... 77
Commitment thereon ib.
Ditto for refusing to swear to
the father 78
Justice's certificate that mother
was not delivered 79
Certificate for discharging re-
puted father's recognizance ib.
Coniniitment of llie father for
want of sureties 80
The Hke if after birth 81
Bastardy bond to indemnify the
parish ib.
Summons to overseers to shew
cause against the discharge of
reputed father 82
Discharge of the father for want
of order of filiation 83
Warrant to apprehend mother
and summon reputed father. . 85
Order of filiation &mHiiitenaMce ib.
Information against the father
for disobeying order of filiation 87
Summons thereon 88
Commitment ib.
Condition of a recognizance to
be taken after an order of fi-
liation not performed 89
Warrant to seize the goods of
reputed father 90
Warrant to apprehend the re-
puted father for disobeying
an order of filiation 875
Ra-ivdy house 9I
^Notice to constable to ground a
prosecution 321
Affidavit of the truth theieof 3'32
Kecogiiizance to give evidence ib.
Constable's recogniziujce to
prosecute 323
Warrant against the keeper of
a disorderly liouse ib.
Warrant to npprehonci the
keeper of a bawdj house 91 & ib.
Bench Warrant 9'^i
Form of a Bench Warrant .... ib.
Bigamy 9$
VVarrant of commitment for
bigamy 94
Bread ib.
Information of an undue mix-
ture used in making bread . . I09
Summons thereon ib.
Conviction no
Warrant of distress for penalty id.
Constable's return of no distressl 11
Commitment forwant ofdistress ib.
Information for selling bread
deficient of weight 112
Complaint for ditto 113
Information for having unlawful
ingredients H,
Conviction for selling bread
under the assize 114
Bricks and Tiles ^,5
Conviction of an offender . . . . 116
Bridges j 17
Burglary j^j
VVarrant to apprehend a burglarI23
Ditto for burglariously stealing
a horse 423
Burning J24
Information for burning a dwell-
ing house 1 25
Warrant thereon lat)
Commitment to gaol ib.
Commitment of a servant for
negligently setting fire to a
dwelling house /^,
Butcher j 27
Butter t i>€:
Information for selling butter in
a tub not marked 130
Conviction n^^
Buttons 23 J
Information for exposing to
sale Buttons marked " Gilt,"
which were not so 134
Conviction thereon 135
Cabbages. See Turnips.
Cards and Dice ,. j^^
Carriers | g J
Information against a carrier for
travelling on a Sunday 137
Summons thereon ^^
Distress warrant for the penalty 138
Carrots. See Turnips.
General Index,
Page
Cattle 1S8
Commitment for maiming cattle 139
Certificate of having taken the Sa-
crament in order to qualify for
an office 550
Of the settlement of a pauper. .675
Certiorari '•": ^"^
Recognizance on certiorari. . . .142
Return to certiorari by ajusticel43
Charitable Donations id.
Form ofmemorial to register them 144
Cheat 145
Warrant to apprehend a cheat 146
The like for obtaining money
under false pretences id.
Chimnei/ Sweepers 147
Indentures for a chimney-
sweeper 148
Assent of two justices 150
Information against a master for
niisusage ib.
Church Rates ib.
Complaint fora non-payment of 658
Summons thereon ib.
Order to pay 659
Distress warrant 660
Churchwardens 151
Coals 152
Information for using deficient
sacks 162
Summons thereon l63
Conviction ib.
Conviction for using unmarked
sacks 164
Conviction (general) 39 and 40
Geo. Ill 165
Coin ib.
Complaint to obtain a search
warrant against coiners .... 170
Warrant thereon ib.
Conviction under 52 Geo. III.
c. 157 171
Distress warrant for a penalty ib.
Combinatio7i (unlawful) 172
Conviction under 41 Geo. III.
for an unlawful combination 174
The like in a pecuniary penalty 175
Comviitinent ib.
Mittimus on^ suspicion of felony 179
Another form , ... 1 SO
Another in the King's name .. ib.
Warrant of commitment i^geu.) Ibl
Page
Commitment, warrant of commit-
ment of a rogue & vagabond 181
On a preceding conviction for
non-payment of a penalty ..t82
Ditto for want of distress 183
Ditto to hard labour & whip-
ping 184
The like for further examination 1 85
Confession ib.
In felony 289
As to stolen goods 240
Constable 186
Demand on constable of perusal
and copy of his warrant. ... 9
Constable's table of fees to be
taken by him 194
Constable's oath of office 197
Appointment of a deputy .... ib.
Oath to be administered by con-
stable to appraisers on goods
being distrained for rent. . . . ib.
Memorandum thereof to be in-
dorsed on the inventory. .. .198
Proclamation for rioters to dis-
perse ib.
Obligation for the peace to be
taken by constable ib.
Summons by a constable 199
Constable's return ib.
High constable's warrant for
petty constable's presentment ib.
Constable's return to a precept 200
Summo!is to a constable for dis-
obeying a justice's warrant., ib.
Warrant for an assault on con-
stable 201
Comn)itment of constable for a
wilful escape 202
His recognizanade by the overseers of
the poor.. ....,.,,^.,,,...877
Deer. See Game, .;;,(if;ji, •
jyissenters .-. g25
Declaration to be taken and
subcribed by thenrj ib.
Distress 2;27
and see Landlord Sf Tenant,
Warrant of distress where pmt
of the penalty goes to the in-
former and part to the poor 229
The like where part goes to the
King , 230
The like for penalty and costs on
?i preceding conviction ib.
Constable's return of no di6trejis232
Indorsement on a distress vyar-
rant to be executed in ano-
ther county id.
Page
Dogs 234
Conviction for stealing a dog. .235
The like for receiving it know-
ing it to have been stolen., zb.
Information to ground a search
warrant for the skin ib.
Search warrant 236
Escape, commtineut of a constable
for a wilful escape 202
Evidence . 236
Warrant for a witness to give
evidence 333
Condition of a recognizance to
appear and give evidence . . ib.
Examinatio7i ,..,,,,,.,,...:. . .239
Examination or confession in
felon y . , ih.
The like as to stolen goods . . . .240
Summons for a witness to beex-
aniined jb.
Warrant thereon 241
Commitment for further exami-
nation , , ib.
The like of a witness refusing
to enter into recognizance to
give evidence 343
Of a person robbed before action
brought against the hundred 43®
Excise and Custojns 243
Information and complaint for
an otFence against the Excise 949
Sqmmons thereon 250
Warrant of distress for penalty 251
Return by excise officer of no
distress 252
Commitment for want of distress ib.
Information and complaint for
obstructing an excise officer 253
Information for carrying run or
prohibited goods 254
Summons thereon 255
Conviction. See title Conviction.
Warrant of distress ^b.
Constable's return of no distress ^56
The like of part levied ib.
Commitment for want of distress
or where part only levied . .1257
Information against an importer
of foreign spirits for not hav •
iiig those wprds inscribed
over hi» door , . .258
General Indeoe.
Page
Exci'^e find Cusfoms, information
for selling disti.led spirits
without license 258
Summons to a witness to give
evidence 259
IiifoiHiation against a witness
■ for not appearing' to a sum-
mons ?^.
Summons thereon 260
Appellant's bond on appealing
against a juj-tice's conviction 26l
Fees. See Jui^ices of the Ptacc.
Table of fees to be taken by
their clerks ■'....<.. 45 7
Fehmi .262
Recognizance iafelony 65
^Mittimus in felor)y 179
Esanvination or confession in fe- '
Jony.. .-...;.: i 939
iHfonBation for felony 265
Warrant for felony . .-. 266
The like for witness. . i'i . . . ... 'ib.
Fire Arms i'.'.- 1 . .1 -267
('.onvictioMunder'55G./77c.59268
Fire Works 269
Information for selling them. . 2(5.
The like for throwing them . . . .270
Fish and Fisheries ib.
Information for stealing fish
from a pond 272
Commitment thereon 273
Information for fishing in a ri-
ver without consent. . ...... ib.
Warrant thereon 274
Warrant to search suspected
house for fishing nets 275
Forcible Evtty and Detainer. . . . ib.
Mittimus for a forcible detainer 276
Record of a forcible detainer on
view '....277
Fratne-it>ork Knitters 279
Friendly Societies ib.
Form of amended rules 282
Information and complaint by a
member ib.
Summons thereon 233
Information in the case of an
unjust expulsion 284
Justice's adjudication of re-ad-
mission w ib.
Page
Fntit Sr Fruit Trees. See Wood.
Game 286 and 878
Information and complaint for
using a dog, net, &c. without
having a certificate 299
The like for not producing cer-
tificate on demand 300
Summons, general form, on
the two preceding informa-
tions 302
Conviction for using a dog for
killing game without a certi-
ficate ..303
Distress warrant . . ; ib.
Commitment for want of dis-
tress . ;. ;.....;.. ...'..304
Warrant to search for dogs-and
engines .305
Information for keeping aWd
using dogs, not being qaali-
fied 306
Summons thereon 307
• Conviction 808
Distress warrant '. .310
Commitment for ' want of dis-
tress . . i ......;...... .311
Warrant to apprehend a hig-
gler .:.C.. .3^12
Warrant for penalty for keep-
ing snares .........; 3l3
General form of negativiiig the
qualifications in convictions ib.
Conviction of an innkeeper for
having partridges iii his pos-
session and selling same ....314
Gaining 316
Conviction for suffering gaming
in a public house 33
Notice by two inhabitants to
the constable to ground a
prosecution for keeping a
gaming house, &c 321
Atfidavit of the truth thereof. .322
Recognizance to give evidence ib.
Constable's recognizance to
prosecute '. . .323
Warrant against the keeper of
a disorderly house ib.
Allowance of constable's ex-
penses . . , , 324
General Index.
Page
Gaoler, demand of copy of his
warrant of detainer 10
Gaols 324 and 878
Order to reimburse expenses of
conveying prisoner (o gaol.. 219
Garden. See Wood and Tur-
n'lus.
Gloves ,. 327
Good Behaviour. ^t& Surety for.
Gunpowder 328
Hackney Coaches. See Poatf
Stage, Sf Hackney Coaches.
Hats 330
Haivkers and Pedlars 331
Information against a hawker
trading without a license.. 334
Sunmions thereon 335
Conviction 33Q
Conviction (general) under
50 Geo. III. f. 41 338
Distress warrant id.
Hay and Strap 339
Hedrre Hreaking. See Wood.
Higlitvays 342
Turnpike roads 372
Warrant to high constable to
issue precepts to petty con-
stables for return of lists of
surveyors 381
List of persons returned 383
Notice to persons in the lists. . ib.
Surveyor's appointment ib.
The like of assistant 384
Notice of application for a ge-
neral assessment 385
Order for a general assessment ib.
Notice of time and place for
composition 386
Notice to perform statute
duty ib.
The like for personal labour . .387
The like to remove nuisances ib.
Tl>e like to prune hedges, &c. ib.
Order for the occupier, or in
default, surveyor to prune,
&c 388
Allowance of surveyors' charge
for ditto 389
Order to surveyors to repair
highways ib.
Page
Highways, justice's precept to
surveyors to return state of
the highways 390
Surveyors' return ib.
High constable's precept to pet-
ty constables to make return
of the state of roads, &c. ..391
Justice's precept for erecting
guide posts, &c ib.
License from justices to get
materials for repairs 392
Surveyor's appliciition to jus-
tices for license to take stones
from lands 393
Justice's license ib.
Justice's order to make new
drains S9^
Summons for not paying an as-
sessment 395
Warrant of distress 396
Summons for not performing
statute duty 397
The like for not paying compo-
sition in lieu of duty ib.
The like for not performing
personal duty 39S
Justice's notice to surveyor to
appear and shew cause why
a poor labourer should not
be discharged from assess-
ment 399
Complaint relative to the re-
pair of such part of the high-
ways as are to be repaired by
two parishes 400
Summons to be subjoined ....401
Justice's adjudication ib.
Notice under 55 Geo. III.
c. 68, of turning, diverting or
stopping up a highway . . . .402
Order for turning a highway
through another person's
land ib.
Owner's consent ib.
Order for widening or diverting
a highway 403
Certificate to the sessions there-
on 404
Warrant of distress for not
scouring ditches, &c. ..... .405
M M M
General Index.
. Page
jTtgh-t:'a?/x, order for repairing a
new liiyhway 406
Order for statute duty to be
performed in kind 407
Presentment of a jnstire of a
road beiii<5 ont of repair. . . . il).
Affidavit tl);it indicted road is
put in repair 408
Notice of motion to the qnarter
seissious 409
Jnstiet'.'s certificate of indicted
road being repaired id.
Order for stopping; up an old
highway and sellinp: the land 410
Certificate to be subjoined. . . . ilf.
Receipt for tlie purchase money41 1
License to surveyor to gather
stones id.
Information against an offender
(general) 412
Summons tliereon id.
Conviction id.
Warrant of distress for a for-
feiture 413
Constable's return of no dis-
tress 414
C)rder for payment of a forfeiture id.
Commitment for want of dis-
tress 415
Notice of appeal against a jus-
tice's order 4l0
Surveyor's oath on passing his
accounts id.
Justice's allowance thereof. . . . id.
Summons for travelling with a
waggon with more horses
flian allowed id.
Affidavit of service of siminions
and of the facts 417
Summons to owner on com-
plaint against driver for rid-
ing on his cart 413
Conviction of surveyor for not
delivering his books of ac-
counts, &c. to his successor 419
JJomicide 4'20
Horses 42 1
Warrant to apprehend a horse
stealer 423
The like for burglariously steal-
ing a horse id.
Page
Horses, conviction of slaughter-
man for not paying expenses
of advertising cattle 424
Conviction for making a false
entry id.
The like for lending- a slaugli-
tering house id.
Horse liaces 4'2n
Hospitals 426
House of Corrtcfion 4^27
Hue and Cry 42R
Warrant to levy hue and cry. .4,S0
Notice to constable of a rob-
bery committed 4S1
Examination of a person robbed
before action brought 432
Affidavit of applicant for re-
ward of 10/. id.
Order for payment 434.
Form of assessment on parishes 43r>
Jdeots. See Luiiatics.
Jvclos7ires id.
Indictment 437
llecognizance to prefer a bill of
indictment 440
Ditto to answer an indictment I44
Notice of pleading guilty to an
indictment id.
Notice of trial of traverse 442
The like from a prisoner in cus-
tody of his intention to plead
and try ib.
Countermand notice of trial .. ib.
Inform at ion 443
information (general) before
two justices 44G
Insanity. See Lunatics.
Iron and Steel 447
Jurors 448
Justices of the Peace 449
Notice to, of action for false im-
prisonment G
Return to a certiorari 143
Fees, table of, to be taken by
their clerks 457
Oath of office 460
Ditto of qualification 46 1
Commitment for insulting a
justice id.
The like ..462
The like id.
General Index.
Page
Jusfirex of the. Peace, notice of
motion for leave to file a cri-
minal information against a
justice 463
Precept for presentment of pro-
fanation of the Lord's day,. 486
JuiDxI/orrl and Tenant ib.
Complaint for fraudulently and
ciandestiiiely removing goods
to avoid distress 46.5
Sui^imoiis thereon 466
Conviction ib.
Warrant of distress 47 1
Constable's return of no dis-
tress ih.
Comniitment for want of dis-
tress ib.
AfHdovit to ground a warrant
for breaking open a dwelling
house where goods concealed 472
"\V arrant to break the same
open 473
Indorsement on the warrant
to be executed in another
county 474
Information and complaint of
tenant haying deserted premi-
ses under 11 Geo. II. c. 19- . ib.
Notice of two justices' view of
deserted premises 475
Record of putting landlord in
possessioji 476
Larrcn!/ 477
Warrant to apprehend in lar-
ceny 478
Search warrant in ditto 470
Leather, Raw Hides, and S/cins 480
Liiun Cloth 483
Luid's Day 484
information against a carrier for
travelling on the Lord's day 137
Summons thereon, and war-
rant 138
Justice's precept for present-
ment of profanation of the
Lord's day 486
Lunatics 487
Warrant to secure a lunatic. . • .493
Order to charge his estate with
his uiaiaienance, &c ib.
Page
Manttfacturers 494
Warrant to apprehend artificer
going to depart the realm ..496
Meat. See Butcher.
jSleasures. See Weights Sf Mea-
sures
Medicines 497
Conviction under 43 Geo.III. 498
Military. See Soldiers
Militia (Regular^ 499
Precept to high constable for
lists of persons to be returned
liable to serve 512
Constable's warrant 313
Notice to return lists 514
Sunnnons for not returning lists ib.
Precept to high constable to
issue warrant to petty con-
stables to give notice of the
number of men liable to serye515
Wan ant indorsed ib.
Notice to a township to shew
cause against a militiaman's
discharge 0I6
Precept to high constable to
issue warrants to petty con-
stables to give notice to per-
sons to appear and be enrol-
led 517
Warrant indorsed ib.
Notice to be left at dwelling
house where personal notice
cannot be given 518
Militiaman's oath ib.
Information against a militiaman
for jiot appearing to be enrol-
led 519
Summons thereon ib.
Warrant of distress for penaity520
Constable's return of no distiess521
Commitment for want of dis-
tress 522
Noyjce to a bal lotted man
to shew cause why penalty
should not be levied for not
appearing 523
Order to pay half the price of a
volunteer to a ballottcd man ib.
Certificate of enrolment of a
substitute 524
M M M 2
General Index,
Page
Militia, (Regular) warrant of dis-
tress for a quaker's siibstitu1e525
Commitment of a quaker for
want of sufficient distress .. iL
Order of maintenance for the
family of a ballotteil man. . . .527
Affidavit of a militiaman's wife
to enable her to get the allow-
ance 528
Order for allowance to the fa-
mily of a substitute «3.
Tlie like wheresubstifntp serves
for a parish in another coiinty529
The like if serving ui another
parish in the same county . .530
Order for allowance to the fa
mily of a noa-comraissicned
officer 531
The like of a militiaman serv-
ing in Ireland 532
Justice's certificate of making
an order on county treasurer 533
The like on overseers of another
parish 2^.
Account, verification and order
on county treasurer to reim-
burse money paid to militia-
niens' families 534
Commitment of a lonHtable con-
victed of neglect, fraud or
partiality 535
Jilililia, {Loca\) il>.
Conviction in a pecuniary pe-
nalty ." 541
Certificate of fine to be sent by
justice to secretary at war., id.
Order for justices to provide
carriajics - ib.
Mill 542
Conviction under 36 Geo. III.
c. 85 545
Mittimus. See Commitment.
Xfavigation. ^ee Eiitrs and N^^-
vifrofion.
Newspapers a?id Pamphlets ... . ib.
Oaths 548
Ojice 650
Ccertificate of having taken
the Sacrament in cases where
it is required previous to fill-
ing aa office ib.
Page
Orchards. See Wood.
Pawnbrokers 651
Justice's order to deliver goods
pawned to the owner 560
Summons to shew cause against
a commitment for disobeying
order 561
Commitment for disobeying
order ib.
Information against a pawnbro-
ker for not exhibiting a table
of fees ■. . .562
The like for not having his
name, &;c. over his door. . . .563
The like for taking a pledge of
a child under 12 years old .. ib.
The like for not giving a note
legibly written 564
The like for taking greater in-
terest than allowed 565
Conviction thereon 566
The like for taking a pledge
without giving a duplicate . .567
Pc'flce (Breach of,) and see Surety
for the Peace.
Form of articles of the peace., ib.
Pedlars, See Hawkers 4" Pedlars.
Poor, Overseers, &c 569 a»d 879
Rates 58'i
Relief of 592
Settlement 6l2
Removal of 640
Warrant for returning lists for
overseers 649
High constable's warrant to
petty constable ib.
Return of the vestry G50
Overseers' appointment ib.
Form of an assessment for the
reliefof the poor 651
Justice's allowance ib.
Notice of appeal against a poor
rate ib.
The like to the parties whose
names are omitted, &.c. in the
rate 652
Petition of appeal against a rate653
(Jrder for hearing 654
Justice's precept to summon de-
faulters to the rate 653
Summons thereon tb.
General Index,
Page
Poor, common poors' rate sum-
mons 6 ")6
Distress warrant for a rate .... ib.
Indorsement of warrant to be
executed in another county 657
Complaint for church rate, and
summons thereon 6.58
Order to pay .659
Distress warrant for non-pay-
ment 660
Warrant to apprehend a man
for desertint? his family 66l
Conviction thereoji. See Va-
grants^
Order to seize the ^oods and
receive the rents of lands of
persons deserting their fami-
lies ib.
Kotice from overseers to the fa-
ther of a pauper for an intend-
ed application to the sessions
for an order of maintenance 662
Affidavit of pauper requiring
relief 663
Precept to summon overseers for
refusing relief ib.
Order to relieve or shew cause 664
Order to relieve on no cause
shewn ib.
Contract for maintenance of the
poor QQ5
Notice of a meeting for provid-
ing a poor house, &c ib.
Agreement at such meeting ..666
Consent of the justices thereto ib.
Appointment of a guardian 667
Agreement at a public meeting
to unite twoormore parishes ib.
Agreement for uniting parishes 668
Entry thereof by clerk of the
peace ib.
Form of a draft for money by
the guardian 670
Appointment of a deputy vi-
sitor ib.
Certificate of serving that office671
Security for money borrowed
by guardian, &c ib.
Transfer of security 672
Rules, orders, &c. to be observ-
ed in poor houses ib.
Page
Poor, summons to overseers to
verify their accounts 674
Allowance thereof 675
A parochial certiticate 676
Another form ib.
Justice's allowance of certificate ib.
Warrant for pauper to be exa-
mined as to settlement... . ..677
Another form by two justices. .673
Summons to parish officers of
the [)lace where pauper is in-
tended to be removed, to
shew cause against the adju-
dication ih.
Examination of a pauper where
the settlement is by birth . . . .679
The like by hiring and service ib.
Order of removal of a paupei-..680
Suspension of ditto 681
Subsequent authority to remove682
Order for reimbursement ib.
Order to reimburse maintenance
of a bastard continuing with
its mother for nurture 683
Summons to pauper to shew
cause against his removal,, ib.
Kotice of appeal against an order
of removal 684
Notice of entry and adjourn-
ment of appeal 685
Petition of appeal 686
Order for the hearing ib.
Ivotice to produce pauper . . . .637
Order on appeal allowed by
consent ib^
Countermand of notihe mile,
and taking a greater price by
the stage without accounting
to the collector 708
General Index,
Page
Post, !^f($, ise offi-
cer 253
For carrying prohibited goods 254
Against an importer of foreign
spirits for not having those
words inscribed over his door 258
For selling distilled spirits by
retail without license ib.
Against a witness for not ap-
pearing to a summons 2.59
For felony 265
For selling fire works 269
For throwing fire works 270
For stealing fish from a pond in
a garden adjoining a dwelling
house 272
For fishing in a river without
consent of owner 273
By a member of a friendly so-
ciety for refusing to pay him
the sick allowance 282
For unjust expulsion 284
For using a game dog without
having taken out a certifi-
cate 299
For not producing a game cer-
tificate on demand 300
For keeping and using dogs to
destroy game without being
qualified 306
Against a hawker for trading
without a license 334
Relative to such part of the re-
pair of highways to be re-
paired by two parishes. ...400
Against an offender (High-
ways) 412
General, before two justices, .446
For fraudulently removing
goods to avoid distress for
rent 455
And complaint under II Gco.II.
c. 19, of tenant having desert-
ed premises 474
Against a militiaman for not
appearing to be sworn and
enrolled 51Q
Against a pawnbroker for not
exhibiting a table of interest 562
Index to the Precedents,
Page
Jnfopmatmi af^ainst a pawnbroker
for not having his name, &c.
over his door 563
For taking;; a pledge of a child ib.
For not giving a duplicate. . . .564
For taking illegal interest 565
For non-pavnient of church rate658
On the Post-Horse Act 703
For issuing a ticket with a
charge by the mile, and tak-
ing a greater price for the stage
without accounting to the col-
lector 708
On 50 Geo. JII. c. 48, against
a driver of a staj;e coach for
having more outside passen-
gers than allowed by the act 709
Against the owner 711
For disturbing a licensed dis-
senters' meeting 713
Against a quaker for ditto .. ..716
Against ditto for tithes 717
To obtain a search warrant for
stolen goods 739
Of a servant for wages. , 751
Of a master against a servant. .754
Of ditto for ill usage 756
Against a servant absenting
himself 758
For swearing 795
For small tithes 800
And complaint against an idle
and disorderly person 817
For selling by weights contrary
to the standard 844
Jttstice's oath of office 460
Ditto of qualification 461
Fees of their clerks . . 457 and 458
Jnqui&ition, indictment or pre-
seiitmentof the jury of a riot,
and juror's oath 73'2 and 733
Liberate, to discharge a person
committed for want of sure-
ties 793
Xiiccnse from justices to get ma-
terials for the repair of the
highways in another parish. .392
For surveyors to gather stones
on enclosed lands for repairs
of highways 393
Militiaman's oath 5 1 8
Page
Mittimus. See Commitment.
Notice from the attorney to a jus-
tice of the peace, for false im-
prisonment 6
Of action to an excise officer by
the attorney of the party, for
seizing goods 7
For stopping a horse and cart 8
To collector of taxes for an ille-
gal distress. ii.
Of conviction to the party, and
demand of penalty and costs
for selling exciseable liquors
without license, previous to
a distress warrant 26
Of putting in bail to a bench
warrant before a justice.... 65
The like before a judge of the
King's Bent h 6&
By two inhabitants to constable
to prosecute a disorderly
house 331
To persons of their being in the
list for surveyors of highways383
On application for a general as-
sessment for the highways. .385
Of the time and place for com-
position 386
To perform statute duty ...... iS.
For personal labour 387
To remove nuisances ib.
From surveyor to prune hedges,
&c .' ii.
To surveyors of highways to
shew cause why a poor la-
bourer should not be dis-
charged fron> highway rate. .399
Of turning, diverting, &c. a
highway 402
Of motion to discharge an in-
dictment for not repairing a
road 40y
Of appeal against a justice's
conviction 208and4l6
To constable of a highway rob-
bery 431
Of motion for leave to file a cri-
minal information against a
justice 463
To tenant of two justices' view
of deserted preraise». . . . . ^ . .475
Index to the Precedents.
Page
yetice to prepare and return lists
of persens liable to serve in
the militia 514
To a township to shew cause
asainst a militiaman's dis-
charge 5l6
To ballotted persons to appear
and be enrolled 513
To ditto to shew cause why
penalty for non-appearance
should not be levied 523
Of appeal against a poor's
rate 651
To the parties whose names are
omitted in the rate 652
From overseers to the father of
a pauper of an intended appli-
cation to the sessions for an
order of mainteuance 662
Of meeting respecting the main-
tenance of the poor under
S2 Geo. III. 665
Of appeal against an order of re-
moval of a pauper 684
Of entry and adjournment of
appeal 685
To produce pauper at the hear-
iiig 687
Of abandonment of order after
removal of pauper 689
Of pleading guilty to an indict-
ment at the quarter sessi-
ons 441 and 76O
Of trial of traverse. . . .442 and 76I
To the prosecutor from a de-
fendant in custody for want
of bail, of his intention to
plead to the indictment, and
to enter and try his traverse
the same session id.
To victuallers of the special li-
censing days 864
Order of discharge of an appren-
tice by four justices at the
sessions, by 5 Eli~. c. 4, s. 85, 48
Of two justices, directing a pa-
rish apprentice to continue
with the widow [or as the
case may bt\ of his deceased
master ( by indorsement) .... 53
By a separate instrument .... ib.
Pagf
Order on master of discharged ap-
prentice to deliver up his
clothes 5S
Of filiation and maintenance
in bastardy 85
On oveerseers \_ifin Middlrscx']
or treasurer of the county [if
in any other county'\ to reim-
burse expenses of conveying
a prisoner to gaol, by the act
27 Geo. II. c. 3, s. 1 219
For a general assessment ....38d
For the occupier, or in default^
surveyor of the highways to
prune, &c. hedges 388
For surveyor to repair high-
ways 3B§
To make new drains (High-
ways) 394
For dividing a highway be-
tween two parishes 401
For turning a highway through
another person's land, and
owner's consent 402
For diverting or widening a
highway 40S
To repair a new highway . . . .406
For statute duty to be performed
in kind 407
For stopping up an old highway
and selling the land .410
For payment of a forfeiture to
surveyor of highways 414
To pay 10/. for apprehending a
felon 434
To charge a lunatic's estate
with his maintenance and
cure 493
To pay half the price of a vo-
lunteer to a ballotted man.. 623
For maintenance of the family of
a ballotted man, with reim-
bursement by another parish 527
For allowance to the family of a
substitute in the militia . . . .523
The like where substitute serves
for a parish in another county 529
The like if serving in another
parish in the same county ..530
For allowance to the family of
a nou-commissioued officer. .531
Index to the Precedents.
Page
Order for allowance to militia-
maii^ wife, serving in Ireland 5S'2,
For justices to provide carriages
for conveying troops 541
(Justicesj to (..Oliver goods
pawned, to the owners ....560
The like against a poor's rate. .654
To pay a church rate 659
To seize the goods and re-
ceive the rents of lands of
persons deserting their fami-
lies 661
On parish officers to relieve
pauper or shew cause 664
To relieve on no cause shewn . . ib.
Of removal of pauper 680
Suspension of, on account of
sickness 681
Authority to execute it, and for
reimbursement of expenses
incurred by suspension . . . .682
To reimburse maintenance of a
bastard living with its mother
for nurture 683
For hearing appeal against an
order af removal of pauper. .686
On appeal allowed by consent 687
On a quaker to pay church
rate •. 717
To pay tithes 719
For payment of a servant's w a-
ges l^Q,
For abatement of ditto 735
On land-tax collector to pay re-
ward for apprehending a de-
serter 770
On parish officers to advance
soldier's pay on furlough, and
certi6cate thereof 772
To pay small tithes 801
On overseers to pay 5s. for ap-
prehending a person found
begging in his own parish.. 813
For payment of 10s. for appre-
hending a rogue and vaga-
bond 814
For conveyance of a vagrant
• and receipt 820
On county treasurer to pay mo-
ney to constadie for convey-
: iug vagrants , 824
Page
Order for payment of penalty for
using a false balance or
weights 846
For satisfaction to the owner of
wood cut and spoiled 853
For buyer of stolen wood to
pay treble damages 855
Petition of appeal against a poor's
rate 65S
The like against an order of re-
moval of a pauper 686
To the Barons of the Exchequer
to discharge an estreated re-
cognizance 735
Pfecept to high constable to issue
warrants to petty constables
to summon alehouse keepers
to be licensed 19
(Justice's) to high constable to
collect county rate 294
Ofjustices to the surveyors, to
make a return of the state of
the highways S90
High constable's to petty con-
stables, to issue precepts for
surveyors to make returns as
to the state of the roads . . . .391
Of justices for erecting guide
posts a.
Of justices for presentment of
profanation of the Lord's
day 486
To the high constable for or-
dering militia lists to be re-
turned, and constable's war-
rant thereon 612
To high constable to issue a
warrant to petty constables
to give notice of the number
of men appointed to serve in
the militia 515
To high cortstable to issue his
warrant to petty constables,
to give notice to persons cho-
sen by lot, to appear and
take the oaths and be enrolled
in the militia, and petty con-
stable's warrant thereon ... .517
Of justices to ^j^mmon default-
ers to poor's rate 655
Index to the Precedents,
Page
Precept to summon overseers for
refusing relief .663
To summon a jury to enquire as
to riots, &,c ,..73'-2
Of justices to constables to pro-
vide carriages for soldiers'
baggage : ... .77 1
To higli constable to give notice
to petty constables of special
licensing days for victuallers 863
'Presentment of a justice of the
peace of a road being out of
repai r 407
Ri-cogn/zajice, (Victuallers,) at li- <•
censing day ...., 21
To prefer indictment for felony Co
In bastardy, before birth. ..... 75
Afterbirth 76
To be taken from reputed father
of a bastard after order of
filiation not performed 89
On certiorari 142
To appear and give evidence
(general) 238
To give evidence against the
keeper of a bawdy house. . . .322
Constable's, to prosecute ditto 323
The like, (general) 440
To answer to a bill of indict-
ment ^ .,..441
With sureties (general) ..... .7-23
Without sureties (ditto) 724
To enter and try appeal against
justices' conviction ib.
Where the King is a party 700
For the jieace or good behaviour78y
Record of a forcible detainer on
view of justices 277
Of putting landlord in posses-
sion of deserted premises. . . .476
Of a riot on view of ju'Jices. .730
To avoid the settlement of a
bastard born in vagrancy . .825
Release of surety for the peace . .792
Return, (Justices') to a writ of
certiorari 143
Of vestry of persons for over-
seers 650
Of penalties (Weights, &c.) ..847
Of rental of the parish under 55
Geo. III. (County Rate).. 877
o
Page
Rules, bye-laws, &c. under 22
Geo. III. (Poor) 672
Seavc/i Warrant for a stolen dog 236
In larceny 479
For stolen goods 740
Securit)/ for money borrowed, un-
der 22 Geo. ill. ( Poor) 67 1
Transfer thereof 672
Summons on complaint for selling
ale without a license 25
For a witness to attend and give
evidence 26
On an information for being
drunk 29
Of the master for misusing his
apprentice, on 5 Eliz. c. i. . , 47
Of the apprentice on the com-
plaint of the master, on 5 Eliz.
c. 4 id.
Of the master by two justices
on complaint of the appren-
tice, ouSOGto. II. c. 19, s. 3. 49
To overseers to shew cause
against the discharge of re-
puted father of a bastard ... 82
To reputed father for disobey-
ing an order in bastardy.. 8S
For adulterating bread 109
To a common carrier for tra-
velling on the Lord's day. .137
To a vender of coals for using
fraudulent saoks I'j3
By a constable in pursuance of
justices' precept 199
Of constable for disobeying a
justice's warrant 200
For a witness to be examined
(general) 240
The like (general) 246
On complaint for a breach of
the Kxcise Laws ........ 250
For carrying prohibited goods
(Excise) 255
For witness to give evidence,
(ditto) 259
On an information against a
witness for not appearing to
a summons (Excise) 260
To the stewards of a friendly
society on complaint of a
member ..283
O O
Index to the Precedents,
Page
Stouvions on nn information for
- killinggame without a certi-
ficate 302
Ou an information for keeping
and using dogs to destroy
game, not being qualified . . 307
To a liawker for trading with-
out license 335
For non-payment of a highway
assessment 395
For non-performance of statute
duty . . . . • ... 397
For not paying composition., ii.
For not performing personal
duty . . . , 398
To surveyors to shew cause
against an allotment or ap-
portionment of a liigh way out
of repair 401
For an oflence under the High-
way Act.. 412
For travelling with a waggon
w ith more liorses than allow-
ed, &c .416
To owner on complaint against
driver for riding in his cart. .418
For clandestinely removing
goods to avoid distress 466
To housekeeper for not return-
ing list of persons liable to
serve in militia 514
To a ballotted man for not ap-
pearing to be sworn and en-
rolled 519
To a pawnbroker to shew cause
against a commitment for dis-
obeying an order to deliver
goods 561
For poor's rate 655
For the like (another form) 656
For a church rate 658
To overseers to verify and pass
their accounts 674
To parish officers of a place to
which pauper is to be remov-
ed to shew cause against ad-
judication of settlement . ...678
To pauper to shew cause against
his removal 683
< hi the Post-Horse Act 704
Page
Sianmons on an information
against a driver of a stage-
coach for having more per-
sons outside his coach than
allowed by the act 710
To a quaker for a church
rate 7l6
To ditto for tithes .718
To master on complaint of a
servant for wages 752
To master for ill usage 756
(General) and constable's re-
turn 779
Where complaint on oath.... 780
For a witness (general) ib.
Vov profane swearing 795
For tithes 800
F"or using false weights 844
Supersedeas on finding sureties
for the peace 791
The like on finding sureties for
an assault 838
Survci/ors\\%\. of persons returned
for surveyors 38S
Return of the state of high-
ways 390
Oath on pas-sing his accounts. .416
Suspension of a vagrant pass . . . .844
Travelling pass 82S
Vagrant Pass within the same
jurisdiction 819
From county lo county id.
Suspension of and subsequent
permission to execute it ... .821
To Scotland ii.
To Ireland 822
Victualler s license 23
Certificate for continuing the
license granted at the general
licensing day to a person
coming in after the death or
removal of the late occupier,
by stat> 48 Geo. III. c. 143,
5. 6 ib.
Warrant to apprehend an acces-
sary 2
The same after the fact for har-
bouring the principal 4
For receiving stolen goods. . . . id.
To apprehend affrayers 13
Index to the Precedents,
Page
Warrant of high constable fo pet-
ty constables to give notice
to victuallers of licensing day 19
Of distress for refusing to pay
penalty for selling ale, &c.
without license, and consta-
ble's return 27
To dui'-chwardens to receive
penalty for drunkenness. . .. 30
Of distress for ditto 31
To levy lO/. for not receiving
a poor apprentice 46
For a disorderly apprentice 51
Of distress for money ordered
to be paid by master of an
apprentice 57
Of ditto for penalty for not
delivering up apprentice's
clothes 58
For an assault Qz
In bastardy, against the re-
puted father before birth . 74
The same after birth ib.
For apprehending the mother of
a bastard iu order to comnjit
her 77
The like and summons to reput-
ed father 85
To seize tiie goods of reputed
father 90
To apprehend the keeper of a
» bawdy house 91
Of distress for penally for adul-
terating bread 1 1<)
To apprehend a burglar I'i3
To apprehend a person for
burning adwclling house ..12G
Of distress against a common
rarrier for jjeiialty for travel-
ling on the Lord's day 137
To npprchcnd a cheat I IG
. For obtaining money uncl(;r
false i)retences lli.
To appreliend coiners 170
For a penalty under 52 Geo.
III. (Coin) 171
[ High constable's to petty < on-
1 stables to present treasons,Scc. 199
For an assault on a constable. .201
For a person preventing the buy-
j ing or free circulation of corn 213
Page
Warrant of distress for costs
awarded by justices 217
^ To high constable to levy
county rate 225
Of distress where part penalty
goes to informer and part to
the poor 229
Tlie like where part goes to the
King 230
For penalty and costs oa a pre-
ceding conviction ib.
For a witness to give evidence
(general) 238
Ditto in felony 241
For a penalty for a breach of the
Excise Laws 251
Of distress for carrying prohi-
bited goods (Excise) 255
In felony 266
Fora witness to be examined as
to a felony ib.
For penalty for fishing in a river
without consent of owner . .274
To search suspected house for
fishing nets 275
Of distress for penalty for kill-
ing game without a certifi-
cate 303
To search for dogs and engines 305
Of distress for penalty for using
dogs, not being qualified. . . .310
To apprehend a higgler 312
To levy penalty for keeping
snares to destroy game ....313
Against the keeper of a disor-
derly house 323
Of disiress forjtenalty for hawk-
ing without license 338
Of high constable to petty con-
stables to issue precepts for
lists of surveyors of high-
ways 381
Of distress for highway assess-
ment ." 396
Of distress for penalty for not
scouring ditdies, &c 405
Of ditto for a forfeiture (High-
ways) ■ 413
To apprehend a horse stealer . .423
For burglariously stealing a
horse ib.
Iildex to the Precedents.
Page
W(i'''rant to levy luie and cry. . . .430
Of distress for refusing to pay
penalty for fraudulently con-
cealing goods to avoid distress470
To break open ^ dwelling liouse
to distrain i . .473
Toapprfliend in larceny 478
{Search J in larceny 479
To sccuie a kinatic 493
To apprehend an artificer going
to leave the kingdom 496
For ordering militia lists to be
returned 513
To give notice to men liable to
serve 515
To give notice to ballotted raen
to appear 517
Of distress for the penalty for
not appearing to be sworn
and enrolled in the militia . .520
Of distress for money paid for a
qiiaker's substitute (militia) 525
(Justice's) for returning lists of
overseers 649
Ditto (high constable's) il>.
Of distress for a poor's rate. . . .656
Of ditto for a church rate .660
To apprehend a man for desert-
ing his family 661
For a pauper to be examined as
to his settlement 677
The same by two justices . . . .673
Of distress for a penalty under
the Post-horse Act 706
Page
Warrant to apprehend and com-
mit under Post Horse Act ..707
To apinehend a person for dis-
turbing the congregation at
church .' 712
Of distress for a qnaker's tithes 719
Of distress for a servant's wages 753
To apprehend a servant for mis-
behaviour .i 754
F'or the peace or good behavi-
our in the King's name ....785
Another form in j ustice's name 786
Other forms 787
For good behaviour on 34 Ed-u>.
IIL 788
Of distress for tithes 801
For privy search for vagrants. .814
High constable's for ditto 815
With petty constable's return
and presentment of vagrants ii.
For whipping a vagrant 817
To the master of a ship to ex-
port a, vagrant 825
(General) in the King's name 836
In the justice's name 837
Common form of ib.
To apprehend for not appear-
ing to an indictment 833
To search for stolen wood . , . .853
Of distress for treble damages
for buying stolen wood....85§J
Against reputed father of a bas-
tard for disobeying order of
liliatiou '. 875 '
FINIS,
ERRATA.
Page 124, line Ql, for .h\st, read Inst. '
169, — 1, for revised, read revived.
246, — 16, for to, read till.
456, — 21, for 27 Geo. III. read 27 Geo. II.
460, — li,yo;'writ, read riot.
514, — 1. ./i'^' notice andW^i, read notice q/"list.
609, 10, and n, (running title) ^br Rates, read Relief.
686, after line 3, insert " The Petition and Appeal of the
Churchwardens and Overseers of the Poor
of the Parish of in the Couuty of——."
rORBlRY, PRINTER, BRENTIORD.
SCHOOL OF LAW LIBRARl
UNIVERSITY OF CALIFORNIA
LOS ANGELES
^222
UC SOUTHERN REGIONAL LIBRARY FACILITY
AA 000 820 135 2
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