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and Polling

Places.

(20.) Divisions point at which the boundary of the old borough would be cut by a straight line to be drawn from the last-mentioned gate to the point at which the Poor-field road (otherwise called Jury lane) leaves the St. David's road; thence, westward, along the boundary of the old borough to the point first described.

Narberth. From the southern end of the turnpike-gate house on the Redstone road, westward, along the fence which abuts on the said house and is the northern boundary of a field of which George Harris is tenant and Mr. Thomas Eaton landlord, to the north-western corner of the said field; thence in a straight line to the north-eastern corner of a field belonging to George Devonald, Esq., and bounded on the south by the turnpike road to Haverfordwest; thence along the private road which runs from the last-mentioned field to the point at which the said private road meets the said road to Haverfordwest; thence in a straight line across the said road to Haverfordwest to the point at which the same is met by the western boundary of the Town Moor; thence, southward, along the western and southern boundary of the Town Moor to the gate of a lane at the southeastern corner thereof; thence along the said lane to the point at which the same meets the boundary of Narberth churchyard; thence, westward, along the boundary of Narberth churchyard to the south-western corner thereof; thence in a straight line to the point at which the stream from Narberth bridge would be cut by a straight line to be drawn from the point last described to the point at which the road from the parsonage meets the road from Pembroke; thence up the said stream to the point at which the same is joined by the stream from Narberth mill; thence up the stream flowing from Narberth mill to the south-western corner of the field of which Lewis Watkins is tenant and Baron Retzen is landlord; thence, eastward, along the boundary of the last-mentioned field to the point at which the same meets the southern boundary of the field belonging to Mr. Henry Davies, in which there is a turnstile; thence, eastward, along the southern boundary of the said field of Mr. Henry Davies, and the southern and eastern boundary of the adjoining field belonging to George Phillips, Esq., to the point at which the eastern boundary of the said field of George Phillips, Esq., meets the occupation road leading to Blackalder; thence, eastward, along the occupation road to Blackalder to the point at which the same meets the south-eastern boundary of the easternmost of two contiguous fields of which Mrs. Evans is tenant and Daniel Thomas landlord; thence along the boundary of the last-mentioned field to the point at which the same meets the Carmarthen road; thence in a straight line across the Carmarthen road to the south-eastern corner of the field belonging to John Lewis; thence along the eastern boundary of John Lewis's field to the point at which the same cuts the Cardigan road; thence in a straight line across the Cardigan road to the south-western corner of Jesse's Well House; thence in a straight line to the point at which the fence of the grounds attached to the house called Bloomfield's would be cut by a straight line to be drawn from the point last described to the house called Bloomfield's; thence, westward, along the last-mentioned fence to the point at which the same cuts the Redstone road; thence along the Redstone road to the point first described.

Pembroke District.

Milford. From the point at which Prix Pill falls into the sea, along Prix Pill, to the point at which the same is met by the lane coming down by Cwm, and sometimes called Cwm lane; thence along Cwm lane to the point at which the same meets the road from Haverfordwest; thence along the road from Haverfordwest to the point at which the same is met by Priory lane; thence along Priory lane to the point at which the same meets, on the left, a road sometimes called the New Road; thence along the New Road to the point at which the same meets a lane sometimes called White Lady's lane, leading to a field north of the brewery, sometimes called Haggard field; thence along White Lady's lane to the point

at which the same is cut by the fence of Haggard field; thence, northward, (20.) Divisions along the fence of Haggard field to the north-western corner thereof; and Polling thence in a straight line in the direction of the northern fence of Haggard Places. field to Priory Pill; thence in a straight line to the White Warehouse standing at the head of the rope walk in Hubberstone parish; thence along Spike Jane which proceeds from the said White Warehouse to the point at which the same meets Conjwick lane; thence along Conjwick lane to the point at which the same meets the lane which was lately part of Point field; thence along the lane lately part of Point field to the point at which the same ends on the common; thence in a straight line through the westernmost point of the fort to the sea coast; thence along the sea coast to the point first described.

Pembroke. The respective parishes of St. Mary and St. Michael, and also the space comprised within the boundary hereafter described (together with all such parts, if any, of the old borough of Pembroke as lie without the said boundary):

From the point on the south-west of the town at which the brook called the Taylor's Lake meets the boundary of the parish of St. Mary, northward, along the said brook, to the point at which the same joins the Pill near Quoit's mill; thence along the said Pill to the point at which the same meets the boundary of the parish of St. Mary; thence, eastward, along the boundary of the parish of St Mary to the point first described. Tenby.-The in-liberty of Tenby. Wiston.-The old borough of Wiston.

51.-COUNTY OF RADNOR.

Radnor District.

Cefn Llys.-The old borough of Cefn Llys.
Knighton.-The old borough of Knighton.
Knucklas.-The old borough of Knucklas.

Presteign.-The ancient lordship, manor, and borough of Presteign, toge-
ther with such parts, if any, of the township of Presteign, and of the cha-
pelry of Discoyd, as are without the ancient lordship, manor, and boroug
of Presteign; and also the space included within the following boundary;
(that is to say,)

From the point on the north of the town at which Norton brook falls into the river Lug, in a straight line to the point at which the road to Wigmore and Ludlow is met by the road to Kinsham village; thence in a straight line to the point at which the right-hand branch of the Clatter brook falls into the river Lug; thence along the river Lug to the point first described. New Radnor. The old borough of New Radnor.

Rhaydrguy. From the point at which the boundary of the old borough would be cut by a straight line to be drawn from Rhadyr church to the bridge over the Gwynllin brook on the new road to Aberystwith, in a straight line to the said bridge; thence along the Gwynllin brook to the weir or dam head; thence along the southern bank of the mill dam to the point at which the same is cut by the eastern fence of Gwynllin-lain field; thence, southward, along the eastern fence of Gwynllin-lain field to the gate leading into the yard of the grist mill and woollen manufactory belonging to David Evans; thence along the road which crosses the said yard to another gate at the south-eastern corner thereof; thence in a straight line to the north-eastern corner of the farmhouse called Ty-Newidd of New House; thence in a straight line to the point at which the boundary of the old borough would be cut by a straight line to be drawn from the New House to the bridge over the river Wye; thence, southward, along the boundary of the old borough to the point årst described.

Indictment on 2

tion.

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(venue) to wit. The jurors for our Lord the King upon their oath preWil. IV. c. 45, s. sent, that heretofore, to wit, on the day of year of the 19, against a voter reign of our Sovereign Lord the now King William the Fourth, at a certain for giving a false election for members to serve in parliament for the county of to wit, at answer at an elec- the parish of in the county aforesaid, C. D., late of the parish aforesaid in the county aforesaid, labourer, then and there appeared as a voter at the said election, and then and there tendered his vote as such voter; and that one C. D. a deputy of E. F. (which said E. F. was then and there the returning officer at the said election) did then and there, at the time of the said C. D. 80 tendering his said vote as aforesaid, put to the said C. D. (being thereunto required by and on behalf of M. P., who was then and there a candidate at the said elec tion,) the following question, that is to say, "Are you the same person whose name appears as A. B. on the register of voters now in force in the county of (—)," to which question the said C. D. then and there unlawfully and wil. fully did falsely answer ("Yes"): Whereas in truth and in fact the said C. D. was not the person whose name then and there appeared as A. B. on the register of voters then in force for the said county, but then and there was another and different person: against the form of the statute in such case made and provided, and against the peace of our Lord the King, his crown and dignity. [If a false answer be given to another of the questions, insert another count to meet it.]

Pauper.

A
DEFENDANT in a criminal proceeding is entitled to defend in formå
pauperis, if the court will allow it. (R. v. Wright, Rep. T. Hard. 211;
Com. Dig., Formâ Pauperis; Vin. Ab. Paupers; 1 Chit. C. L. 412; Rex
v. Page, 1 Dowl. P. C. 507.) The defendant should in support of the appli-
cation make an affidavit that he is not worth 57. in the world, his wearing
apparel only excepted.

By the 2 Geo. III. c. 28, s. 8, a person arrested on a capias or informa tion relating to the customs, upon making affidavit that he his not worth 54. exclusive of his wearing apparel, may, at the discretion of such judge, be admitted to defend as a pauper, with the same privileges as those who may sue in this manner for the recovery of civil rights.

The mode for the party defending, to obtain this benefit, is by making an affidavit before the judge or a commissioner of the court, under the lastmentioned act, that he is not worth 5l., and then to petition to have a particular counsel and clerk assigned him. (Vin. Ab. Paupers, B.; 1 Chit. C. L. 413.)

An order cannot be made at the judge's chambers in vacation, for leave to prosecute in formâ pauperis: the order must be obtained in court. (R. v. Cresswell, 1 Chit. C. L. 413.)

When this admission is granted, it prevents the officers of the court from taking fees, as well as those who are assigned to conduct the cause on the motion of the defendant. (Hullock, 228, n. 1.)

8 & 9 W. 3, c. 31.

Partition.

By the 8 & 9 Wil. III. c. 31, intituled “ An Act for the easier obtaining Partitions of Lands in Coparcenary, Joint-tenancy, and Tenancy in common," it is enacted, that if the high sheriff cannot conveniently be present at the execution of any judgment in partition, in such case the undersheriff, in presence of two justices, may proceed to execution of the writ of partition.

Partners.

PROPERTY of, how described, see, « Indictment." Vol. III.

A partnership is determined by attainder, see, “Attainder," Vol. I.

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Paving Act.

THE general Paving Act as to the Metropolis is the 57 Geo. III. c. 29.
See 3 M. & P. 1;" Lighting," Vol. III.

Pawning.

[1 Jac. I. e. 21; 30 Geo. II. c. 24 ; 25 Geo. III. c. 48; 39 & 40 Geo. III.

By

c. 99; 55 Geo. III. c. 184; 5 Geo. IV. c. 107; 9 Geo. IV. c. 49.]

the 25 Geo. III. c. 48, s. 1, 3, 4, 12, every person exercising the License. trade of a pawnbroker shall take out a license, and shall renew the same annually, ten days at least before the end of the year, on pain of forfeiting 50%; to be recovered in the courts at Westminster.

By the 9 Geo. IV. c. 49, s. 12, pawnbrokers' licenses are to expire annually, on the 31st of July.

By the 55 Geo. III. c. 184, sch. part. 1, upon every license to be taken out yearly for using or exercising the trade or business of a pawnbroker, within the cities of London and Westminster, or within the limits of the two-penny post, there shall be paid a duty of 157.

And for using or exercising the trade or business of a pawnbroker, elsewhere, 71. 10s.

Sect. 3. The said duties to be under the management of the commissioners of the stamp duties.

By the 25 Geo. III. c. 48, s. 7 & 8, no person shall keep more than one One house only house or shop by virtue of one license; but persons in partnership need under one license. only take out one license for one house.

Sect. 5. All persons who shall receive, by way of pawn, pledge or ex- Who deemed change, any goods for the repayment of money lent thereon, shall be deemed pawnbrokers. pawnbrokers.

Sect. 6. But the same shall not extend to any person who shall lend Not persons lendmoney at 51. per cent. interest, without taking any further or greater profit ing at 5 per cent. for the loan thereof. See also 39 & 40 Geo. III. c. 99, s. 30, post, 150.

The 36 Geo. III. c. 87, being in force only for three years, and till the Rate of profit to be end of the then next session of parliament, the 39 & 40 Geo. III. c 99, was taken. substituted in lieu thereof. The latter act is intituled "An Act for better re

gulating the Business of Pawnbrokers," and s. 2 enacts "That it shall be

lawful for all persons using and exercising the trade or business of a

pawnbroker, to demand, receive, and take of and from all and every person Pawnbrokers al

and persons applying or offering to redeem any goods or chattels pawned lowed to take cer

or pledged with such pawnbroker, a profit, after the following rates, over tain rates.

and above the principal sum and sums which shall have been lent and advanced upon the respective pledge or pledges, before any such pawnbroker

shall be obliged to re-deliver the same; (videlicet,)

39 & 40 G. 3, c. 99.

Rates.

Rate when the intermediate sum

For every pledge upon which there shall have been lent any sum not exceeding two shillings and sixpence, the sum of one halfpenny for any time during which the said pledge shall remain in pawn not exceeding one calendar month, and the same for every calendar month afterwards, including the current month in which such pledge shall be redeemed, although such month shall not be expired:

For every pledge upon which there shall have been lent the sum of five shillings, one penny :

For every pledge upon which there shall have been lent seven shillings and sixpence, one penny halfpenny:

For every pledge upon which there shall have been lent ten shilings, twopence:

For every pledge upon which there shall have been lent twelve shillings and sixpence, twopence halfpenny :

For every pledge upon which there shall have been lent fifteen shillings, threepence:

For every pledge upon which there shall have been lent seventeen shillings and sixpence, threepence halfpenny:

For every pledge upon which there shall have been lent one pound, fourpence; and so on progressively and in proportion for any sum not exceeding forty shillings:

For every pledge upon which there shall have been lent any sum of money exceeding forty shillings, and not exceeding forty-two shillings, eightpence:

And for every pledge upon which there shall have been lent any sum exceeding forty-two shillings and not exceeding ten pounds, at and after the rate of threepence and no more (a) for the loan of every twenty shillings for all such money so lent, by the calendar month, including the current month; and so in proportion for any fractional sum:

Which said several sums shall be taken in lieu of and as a full satisfaction for all interest due, and charges for warehouse-room."

Sect. 3. "In all cases where any intermediate sum, lent upon any pawn or pledge, shall exceed the sum of two shillings and sixpence, and not exceed lent exceeds 2s. 6d. the sum of forty shillings, the person lending the same shall and may take, by way of profit as aforesaid, at and after the rate of fourpence and no more, for the loan of twenty shillings by the calendar month, including the current month as aforesaid."

but does not ex

ceed 40s.

Pawnbrokers to give farthings in change.

Sect. 4, "In all cases where the sum to be demanded, received, and taken, by any pawnbroker or pawnbrokers, his, her, or their servant or agent, of and from any person or persons applying or offering to redeem any goods or chattels, pawned or pledged with such pawnbroker or pawnbrokers, either as profit upon any sum lent, or as part principal and part profit, shall amount to a total sum, of which the piece of money of the lowest denomination shall be one farthing; and where the person or persons so applying, or offering to redeem such goods or chattels, shall have paid down the sum due for such principal and profit, or for such profit only (as the case may be),

(a) The taking a greater rate subjects the pawnbroker to the penalties imposed by s. 26, post, 148; and the allowance of the specified rates is not merely a dispensation from the law of usury. (R. v. Beard, 12 East, 673; post, 148.) In Cowie v. Harris, it was held that, if a pawnbroker, upon one contract or bargain of loan, advance more than 107., viz. 1007., and pretend to divide the same as if there were ten different loans, and for that purpose gives several tickets, dated on different days, the transaction is a mere contrivance to conceal usury, and is illegal and void. (1 Moody & M., C. N. P. 141.)

The

Where a pawnbroker advanced 2007, to a
trader in distress, upon a deposit of silks,
and entered the transaction in his books
as several advances, each of less than 10,
but amounting in the whole to 2007.
trader having become bankrupt, and his
assignee having sued in trover for the silks,
the Court refused to disturb a verdict
found for the plaintiff, upon a direction to
the jury, to find whether the goods had
been deposited on a contract to pay more
than 57. per cent. interest. (Tregoning
v. Attenborough, 7 Bing. 97; 4 M. & P.
722, S. C.)

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