a prison fit for the confinement of prisoners, the magistrates of such town or franchise shall commit the offender to the prison of such town, in all cases where, if the offence had been committed in the county, it would be tried at the quarter sessions of the county. Id. s. 3.

If the offender be apprehended under a backed warrant, then by stat. 24 G. 2, c. 55, s. 1, if the offence be not bailable, or the offender shall not give bail to the satisfaction of the justice before whom he is brought, the constable or person having him in custody, shall carry him before a justice of the proper county or place where the offence was committed, there to be dealt with according to law. See ante, p. 227.

Form of the warrant.] The warrant of commitment must be in writing, and under seal. 1 Hale, 583. 2 Hawk. c. 16, s. 13. It must be directed to the gaoler or keeper of the priIson to which the offender is committed. Id. It should state the name of the party committed, if known. But if that be unknown, and the prisoner refuse to disclose it, it seems that in such a case it will be sufficient to describe the person by his age, stature, complexion, and the like, adding that he refuses to tell his name. 1 Hale, 577.

It must state the offence for which the party is committed, and with sufficient certainty to distinguish it from any other offence. It is not necessary however to state the offence with the particularity and certainty required in an indictment; if stated concisely, as for "high treason," 2 Hawk. c. 16, s. 16, and see R. v. Despard, 7 T. R. 736, for "burglary in breaking and entering the dwelling-house of J. S." 2 Hale, 122, or the like, it will be sufficent. If it state any material parts of the offence in the disjunctive, it will be bad. See R. v. Evererd, Cald. 26.

It must have an apt conclusion, namely, that the party be detained" until he shall be thence delivered by law," or " by order of law," or by due course of law," 2 Hale, 123, 2 Hawk. c. 16, s. 18, or words to that effect. The following is the form of the warrant:

Berkshire :-J. P. esquire, one of Her Majesty's justices of the peace for the said county, to the constable of

county, and to the keeper of the [common gaol] at said county.

in the said

in the

These are to command you the said constable, in Her Majesty's name, forthwith to convey and deliver into the custody of the said keeper of the said [common gaol], the body of A. B., charged this day before me, the said justice, on the oath of C. D. of farmer, and others, for that he the said A. B. [on the second day of July, in the year of our Lord one thousand eight hundred and twenty eight, at in the said county, ten pieces of the current gold coin of the realm called sovereigns,

one woollen cloth coat, and one linen shirt, of the monies, goods, and chattels of the said C. D., feloniously did steal, take, and carry away]. And you the said keeper are hereby required to receive the said A. B. into your custody in the same [common gaol], and him there safely to keep, until he shall be thence delivered by due course of law. Herein fail you not. Given under my hand and seal the day of, in the year of our Lord If the warrant be bad, another may afterwards be lodged with the gaoler or keeper of the prison, which will have the effect of detaining the prisoner, should he apply for a habeas corpus to discharge him on account of the defect in the first warrant. R. v. Gordon, 1 B. & A. 572.

As to a commitment for re-examination, see ante, p. 232.

Charges of conveying the party to prison.] If the offender thus committed be of sufficient ability to pay the expenses of his being conveyed to prison, and the charges of such as may be appointed to guard him thither, he shall do so; or if he refuse, the justice committing him, may, by his warrant, command the constable of the hundred or township where the offender dwells, or from whence he shall be committed, or where he shall have goods within the county or liberty, to sell so much of the same as, in the discretion of the said justice, shall be sufficient to pay such charges and expenses; the goods to be appraised by four honest inhabitants of the parish where such goods shall be, and the surplus (if any) delivered to the party. 3 J. 1, c. 10, s. 1.

But if the party have no sufficient goods or money within the county, to pay such charges or expenses, then, upon application of the constable or officer who conveyed the offender to prison, the justice, after examining and ascertaining the reasonable amount to be allowed, shall, by warrant under his hand and seal, order the treasurer of the county or place (or in Middlesex the overseers of the parish where the offender was apprehended, s. 3), to pay the same. 27 G. 2, c. 3, s. 1.

COMMONS, &c.

Scabbed sheep.] "If any person shall turn out, keep or depasture upon any forests, chase, wood, moor, marsh, heath, common waste land, open field, or other undivided or uninclosed land, any sheep or lambs infected with the disorder called scab or mange; or shall wilfully and knowingly turn out, keep or depasture upon any such place any sheep or lamb, which at any time within six calendar months immediately

previous thereto shall have been infected as aforesaid;" penalty not more than 101. nor less than 20s. for " every such offence, as often as the same are so turned out," together with costs. 38 G. 3, c. 65, s. 1.

Conviction, as post, p. 243:-For that the said A. B., on

at did turn out, keep and depasture divers, to wit, ten sheep, and ten lambs, upon a certain common and waste land there called, the said several sheep and lambs [being then and there "or" having been within six calendar months previous thereto, to wit, on at -] infected with a certain disorder called scab; against the form of the statute in such case made and provided. And I, &c.

Any person having sheep or lambs on such place, and having reasonable ground to believe that sheep or lambs are on such place contrary to the provisions of this act, may apply to a justice, who on complaint on oath may issue his warrant to the keeper of such forest, &c. or his deputy, or to the petty constable, &c. of any parish or place near thereto, or other person, to drive such sheep or lambs to the next pound or other convenient place, there to be examined by the complainant, or his servant, or by the person to whom the warrant is directed, or any of them, six hours' previous notice being given by the complainant to the owner or his servant, or left for him at their last or usual abode (if any or either of them be known, and reside in the parish or place), describing the pound or place to which such sheep or lambs have been taken, in order that they may be present at such examination : and if after such examination it be proved to the satisfaction of such justice that such sheep, &c. were not kept on such lands contrary to the provisions of the act, they shall be driven back to the place from whence they were taken, and the justice may award reasonable costs and damages to be paid by the complainant to the owner, to be recovered as penalties under this Act; 38 G. 3, c. 65, s. 3; but if it appear that such sheep, when turned out or depastured, or within six months previously, were so infected as aforesaid, then such justice shall direct the same to be impounded and detained, and to be marked on each side with the letter S (not less than five inches in length) with pitch, tar, or some other adhesive material, such as sheep are usually marked with in the neighbourhood, and shall also cause the left ear to be cut or slit in a horizontal line (not exceeding one inch in length); and the same, when so marked, shall be delivered to the owner; and the expenses of taking, driving, keeping, impounding and marking of the same, having been ascertained by such justice, shall be paid by such owner, together with the penalties hereby imposed, and recovered in the like manner; and such mark shall be deemed evidence that they have been turned out, kept or depastured, contrary to this Act, without any other evi

dence. Id. s. 4. Or if such sheep, &c. shall not be demanded and taken away by the owner within five days after being marked, a justice by his warrant may order them to be sold, and the money paid to the overseers of the poor of the place where the sheep were detained; and if such money be not claimed by the owner within a year, then it shall be applied in aid of the poor-rate. Id. s. 6. The following is the form of the adjudication:

Berkshire :-Upon the report upon the oath of J. S., this day of — in the year of our Lord, made unto me, J. P., one Her Majesty's justices of the peace for the said county of Berks, respecting certain sheep and lambs [detained "or," impounded] in, in the parish of in the said county, by virtue of a warrant under my hand and seal, I do hereby adjudge that the said sheep and lambs, [belonging to C.D., "or"" the owner or owners thereof being unknown], appearing to me to be infected," [or, having, within the space of · months immediately previous to the date hereof, been infected] with the scab or mange, be marked forthwith, according to the directions of an Act made in the thirty-eighth year of the reign of King George the Third, 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. Given under my hand and seal, the day and year aforesaid.

If any person within six calendar months shall cut out, alter or destroy the said mark in the ear; or if the owner shall not immediately renew the mark made on the side, as often as the same shall be defaced, altered, obliterated or destroyed by any means whatsoever: he shall for every sheep and lamb forfeit on conviction not exceeding 20s. nor less than 2s.; and such justice shall order such mark to be renewed, and such sheep and lamb to be impounded until such mark iş renewed. Id. s. 5.

Sheep not marked.] The owner of every sheep, and lamb three months old, which shall be turned out upon any such place as aforesaid, shall cause the same to be marked with the initial letters of his christian and surname, or with such marks with which such sheep or lambs have for three preceding years been usually marked, such letters or marks not being less than three inches in length; and on neglect, the owner shall, for every such sheep and lamb not so marked, forfeit not exceeding 2s. as often as it shall be turned out as aforesaid. Id. s. 2. Conviction, as post, p. 243 :-For that the said A. B. on

at being then and there the owner of twenty sheep, which he the said A. B. then turned out upon a certain common and waste land there, called did not cause the said 20 sheep or any of them to be marked with initial letters of the christian

and surname of him the said A. B., or with such marks with which the said sheep respectively had, for the three preceding years, been usually marked, but had neglected then and there so to do; against the form of the statute in such case made anḍ provided. And I, &c.

convicted before the

of

day of

Proceedings for penalties.] The proceedings under this Act, may be before one justice; and the conviction shall be in the words to the effect following *County of Be it remembered that on this in the year of the reign of A. B. is of Her Majesty's justices of the peace for by virtue of an Act of parliament made in the thirty-eighth year of the reign of King George the Third, 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:" For that [here specify the offence, with the time and place when and where the same was committed]. And I [or we] the said do adjudge him [her or them] to forfeit and pay for the Given under my hand and seal [or our hands and seals] the day and year aforesaid.

same the sum of

The penalty or forfeiture shall be levied by distress and sale of the offender's goods, by warrant of one justice, together with costs; half to go to the informer, and half to the overseers of the place where the offence was committed in aid of the poor rate.

Id. s. 7.

Appeal, &c.] Any party aggrieved, may appeal to the sessions next after four months from the time the matter of appeal shall have arisen; and the sessions may award costs. Id. s. 9.

No proceedings shall be quashed for want of form, or removed by certiorari, &c. Id. s. 10.

COMPOUNDING FELONY, &c.

Compounding felony.] This offence, called in our old books theftbote, is where a person, whose goods have been stolen, takes his goods again, or other amends, not to prosecute. 1 Hawk. c. 59, s. 5. But it is no offence merely to take back one's goods which have been stolen, unless some favour be shown to the thief. Id. s. 7.

The offence is punishable with fine, or imprisonment, or both; unless where it is accompanied with that degree of