And by stat. 12 & 13 Vict. c. 45, s. 6, "for the more effectual prevention of frivolous appeals, be it enacted, that any court of general or quarter sessions of the peace, upon proof of notice of any appeal to the same court having been given to the party or parties entitled to receive the same, though such appeal was not afterwards prosecuted or entered, may, if it so think fit, at the same sessions for which such notice was given, order to the party or parties receiving the same, such costs and charges as by the said court shall be thought reasonable and just to be paid by the party or parties giving such notice, such costs to be recoverable in the manner last aforesaid."

As to the order for costs, see Ex parte London and Brighton Railway Company v. The London, Brighton, and South Coast Railway Company, 17 Law J. 119, m.

By whom collected.] It is the duty of the churchwardens and overseers of every parish, or the overseers of every township, &c., supporting its own poor, to collect the poor rate. And it is usually a part of the duties assigned by the vestry to the assistant overseer, upon his appointment (a). And the guardians of a union may appoint a collector for any of the parishes in the union, if the poor law commissioners, upon their application, order them to do so (b).

How levied by distress, &c.] By stat. 43 El. c. 2, s. 4, "it shall be lawful, as well for the present as subsequent churchwardens and overseers, or any of them, by warrant from any two such justices as is aforesaid (c), to levy the said sums of money (d), and all arrearages, of every one that shall refuse to contribute according as they shall be assessed, by distress and sale of the offenders' goods," rendering to the parties the overplus; and in default of such distress, any two such justices of the peace may commit him or them to the common gaol of the county (e). And a churchwarden or overseer is as liable to be distrained upon for the amount of his rate, as any other person (ƒ).

The rate must be demanded of the party (g). And the exact sum legally due must be demanded, and the distress be for that sum and no more (h).

(a) See ante, pp. 57, 58.

(b) 7 & 8 Vict. c. 101, s. 62, ante,

p. 59.

(c) See sect. 1, ante, p. 145.

(d) See ante, p. 145.

(e) See also sect. 13, to the same effect.

(f) Skingley v. Surridge et al., 12 Law J. 122, m.

(g) R. v. Benn and Church, 6 T. R. 198.

(h) Hurrell v. Wink, 8 Taunt. 369.

plaint.] If the rate, when thus demanded, be not paid, archwardens and overseers, or any one of them, may Complaint thereof to a justice of the peace of the county, nd obtain a summons for the party and serve it. The ng may be the form of

it.

Be

Complaint.

Be it remembered, that on the day of in the year of our Lord the churchwarnd overseers of the poor of the parish of, in the of aforesaid, by C. D., one of the said overseers, ain to the undersigned, [one] of Her Majesty's jusof the peace in and for the said [county], that A. B., of id [parish], being a person duly rated and assessed to elief of the poor of the said parish, in and by a rate* on the- · day of —, in the year —, in the sum of hath not paid the same or any part thereof, but refused so to do: wherefore the said churchwardens verseers by C. D. aforesaid, pray that the said A. B. be summoned to appear before two of Her Majesty's es of the peace, to show cause why he hath not paid and es to pay the said sum. C. D.

wit.

}

Complaint against several Ratepayers.

Be it remembered, that on the

day of

in the year of our Lord, the churchwarand overseers of the poor of the parish of, in the nty] of aforesaid, by C. D., one of the said over3, complain to the undersigned, [one] of Her Majesty's ices of the peace in and for the said [county], that the ral persons whose names are mentioned and set out in the dule hereunder written, being persons duly rated and ssed to the relief of the poor of the said parish,in and by rates in the said schedule mentioned, in certain sums set in opposite to their respective names in the said schedule, e not respectively paid the said sums or any part thereof, have respectively refused so to do; wherefore the said rchwardens and overseers, by C. D. aforesaid, pray that said several persons may respectively be summoned to

appear before two of Her Majesty's justices of the peace, to show cause respectively why they have not paid and refuse to pay the said sums respectively.

Summons, &c.] By stat. 12 & 13 Vict. c. 14, s. 5, every summons to be issued against any person for nonpayment of any sum for which he or she is or shall be so rated or assessed as aforesaid, shall be directed to such person, and may be in the form (B.) in the schedule to this Act annexed, or in any form to the like effect;-and the same may be served by any churchwarden or overseer of the poor, or constable or other person to whom it shall be delivered for that purpose, upon the person to whom it is so directed, by delivering the same to the party personally or by leaving the same with some person for him or her at his or her last place of abode; and the person who shall serve the same in manner aforesaid shall attend at the time and place and before the justices in the said summons mentioned, to depose if necessary to the service of the said summons.

The following is the form of the

Summons.

To A. B., of

Whereas complaint hath this day been made before the undersigned, [one] of Her Majesty's justices of the peace in and for the [county] of by the churchwardens and overseers of the poor of the parish of - in the said [county],

that you being a person duly rated and assessed to the relief of the poor of the said parish, in and by a rate made on the day of 1853, in the sum of have not paid the same or any part thereof, but have refused so to do: these are therefore to command you, in Her Majesty's name, to be and appear on o'clock in the forenoon, before such two or more justices of the peace for the said [county] as may then be there, to show cause why you have not paid and refuse to pay the same, otherwise you shall be proceeded against by default as if you had appeared, and be dealt with according to law.

at

at

Take notice, that you have already incurred the under

mentioned costs; viz.

Clerk to the justices

Overseer, for obtaining the summons

Constable, for serving ditto

Ditto, travelling expenses at threepence per
mile

8. d.

1 0

Total

If the amount of these charges, together with the rate claimed, be paid to the overseer before the day on which the summons is returnable, all further proceedings will be stopped.

Warrant of distress.] If the party summoned attend, but show no sufficient cause for non-payment of the rate, the justices will grant the distress warrant against him. And where the subscribers, having shares in Putney bridge (99 in number), were rated for the bridge to the poor in the parish of St. Mary, Putney, and they did not appeal; and upon the subscribers being summoned to show cause why a distress warrant should not issue, it was prayed of the magistrate to grant a distress warrant for the whole against one of the subscribers named Cheeseman, who had hitherto paid the rate for the subscribers, but who lived in Middlesex; upon the magistrate refusing to do so, an application was made for a mandamus to compel him to grant a distress warrant, which the court granted, saying that upon Cheeseman paying the whole rate, he would be entitled to