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or to be made by any person or persons appointed or to be appointed to act as overseer or overseers of the part of any parish or place within any such borough shall, for the purposes of this Act, be called a district-rate." See R. v. Mayor,

&c. of New Windsor, 13 Law J. 337, qb. ington, 1 Man. & Gr. 491.

Fernley v. Worth

And "in every case in which a part only of any parish or place liable to maintain its own poor, and situated within any borough, shall be liable to watch-rate, the overseers of the poor of such parish or place shall not pay the amount of any watch-rate charged by the council of such borough upon such parish or place out of money collected from any rate or rates for the relief of the poor, but shall make a separate rate or assessment upon the part or parts only of such parish or place liable to watch-rates for raising and paying the same watchrate, which rate shall be made in like manner, and under like regulations, and with like means and remedies for recovery thereof, as are herein contained in relation to district-rates." Id. s. 6.

And "whenever there shall be within any borough two or more parishes or places, each separately maintaining its own poor, or two or more extra-parochial places, and each of them partly within and partly without the limits and jurisdiction of such borough, it shall be lawful for the council of such borough to appoint some one person or some two persons to act as overseer or overseers, for making, levying, and assessing district rates and watch-rates within any two or more of the parts of parishes or places, or within all the parts of parishes or places, lying within the limits and jurisdiction of such borough, without regard to the residence of the person or persons so to be appointed; and every person appointed to act as an overseer for the making, levying, and collecting district or watch-rates under the provisions of this Act, and the Acts herein recited, shall be allowed and paid out of the borough fund such allowances or remuneration for his services as the council shall direct." Id. 8. 8.

And "every such district-rate as aforesaid, made for the purpose of raising money to pay or reimburse any boroughrate or watch-rate charged by the council of the borough upon such part of a parish or place, and every separate rate to be made by overseers of the poor for raising a watch-rate as herein mentioned, may be at such amount or rate in the pound as may be necessary for raising the sum or respective sums so charged by such council, so that no such district-rate, or rate for raising a watch-rate, exceed two-pence in the pound of the annual value of property rateable thereunto, beyond the rate in the pound at which the council of the same borough shall have computed the general borough-rate or watch-rate so laid or charged by them; and that the person or persons col

lecting such district-rate shall be liable to account as an officer appointed by the council of the borough in or for any part of which he shall act, and shall be liable to the same penalties, remedies, and proceedings in all respects, for refusing or neglecting to account and pay over the monies from time to time remaining in his hands, to which other officers appointed by the council are liable; and in case of there being a surplus in the hands of such person or persons arising from any districtrate, above the amount for raising which such district-rate was made, then such surplus shall be paid to the treasurer of the borough fund, to the credit of the place within and for which such district-rate was made, and go in part of the next rate of the like denomination to be made and laid on such place by the council of such borough: and in regard to separate rates made by overseers of the poor for raising watch-rates as is herein mentioned, such overseers shall account for the money collected under or by virtue of such separate rates, in like manner as for money collected under rates made for the relief of the poor; and in case of there being a surplus in the hands of such overseer, arising from any such separate rate made for raising a watch-rate, above the amount to raise which such separate rate was made, then such surplus shall be paid to the treasurer of the borough fund, to the credit of the place within and for which such separate rate was made, and go in part of the next watch-rate to be made and laid on such place by the council of such borough." Id. s. 4.

But no such district-rate, nor any separate rate made by overseers of the poor for raising a watch-rate as herein is mentioned, shall be demanded, collected, or payable, until the same shall have been allowed by two or more justices of the peace usually acting in and for such borough, and shall also have been published in like manner as rates for relief of the poor are by law required to be allowed and published.” Id. s. 2.

And the persons appointed or to be appointed to act as overseers for making, levying, and collecting boroughrates and watch-rates in the parts of parishes or places situate within the limits and jurisdiction of any city or borough as aforesaid, or any of them, and for the overseers of the poor making any separate rate or assessment for the purpose of raising the amount of any watch-rate, by warrant from any two justices of the peace usually acting in and for the borough wherein the parishes, parts of parishes or places, in or for which any district-rate, or rate for raising a watch-rate, may be made, shall be situated,-to levy upon every person who shall refuse to pay the amount assessed or charged upon him or her by any such district-rate, or rate for raising a watchrate, according as they shall be assessed, the amount so assessed or charged upon him, her, or them, together with the

costs and charges of recovering and enforcing payment of the same, to be ascertained by such justices,-by distress and sale of the offender's goods, rendering to the parties the overplus; and in default of such distress it shall be lawful for any two such justices of the peace to commit him or them to the common gaol of or used for the same borough, there to re main, without bail or mainprize, until payment of the said amount and arrearages." Id. s. 7.

But "the council of the borough, in which any district. rate, or any separate rate to be made by overseers of the poor for raising a watch-rate as herein mentioned, shall be made, or for any committee of the council appointed for that purpose, →→ on application by or on behalf of any person rated in any such district-rate, or rate for raising a watch-rate, to be discharged therefrom, and on proof of his or her inability, through poverty, to pay the amount charged upon him or her by such districtrate, or rate for raising a watch-rate,-to order that such person shall be excused from the payment of such district-rate, or rate for raising a watch-rate, and to strike out his or her name therefrom; and the sum at which such person was so rated in such district-rate, or rate for raising a watch-rate, shall not thereafter be collected, nor shall any person be charged therewith, or in any manner called or liable to account for the same, or for omitting to collect or receive the same." Id. s. 5.

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'Any person who shall think himself aggrieved by any such district-rate as aforesaid, or by any separate rate to be made by any overseers of the poor for raising a watch-rate as herein is mentioned, may appeal to the recorder of the borough in which such rate has been made, at the next quarter session for the same borough, or, in case there shall be no recorder in such borough, to the justices at the next court of quarter sessions for the county within which such borough is situated, or whereunto it is adjacent; and such recorder or justices respectively shall hear and determine the same, and shall award relief in the premises as in the case of an appeal against any rate made for the relief of the poor. Id. s. 3.

CRUELTY TO ANIMALS.

See "Cattle."

CURSING.

See "Swearing."

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1. Burial of dead bodies cast on shore.
2. Disinterment or sale of dead bodies. p. 418.

1. Burial of Dead Bodies cast on Shore.

Notice to the overseer, &c.] If any person shall find a dead body or bodies cast on shore from the sea by wreck or otherwise, he shall within six hours give notice thereof to one of the churchwardens or overseers of the parish where the body shall be found or (if it be found in an extra-parochial place) to the constable or headborough, or cause such notice to be left at his last place of abode: if he do this, he shall have a reward of 5s. (48 G. 3, c. 75, s. 3), to be paid to him by such churchwarden, &c.; Id. s. 5; or if he do not, he shall forfeit 51. Id. s. 4.

To convict for this offence, the prosecutor must prove

1. That the defendant found a dead body cast on shore from the sea, within the parish.

2. That he did not, within six hours afterwards, give notice thereof to one of the churchwardens or overseers of the poor of the parish, either personally, or by leaving it for him at his last place of abode.

The conviction may be thus:

Berkshire, to wit: Be it remembered, that on this

in the

at

2

day of

year of the reign of Her Majesty Queen Victoria, A. B. is convicted before me, E. F., one of Her Majesty's justices of the peace in and for the said [county],* for that he the said A. B. on found a certain dead body of a man unknown, cast on shore from the sea, in the parish of - aforesaid, [or in aforesaid, the same being an extra-parochial place], and did not, within six hours after he so found the same as aforesaid, give notice thereof to any of the churchwardens or overseers of the said parish [or to the constable or headborough of the said

extra-parochial place] or cause such notice to be left at the last or usual place of abode of any of them; against the form of the statute in such case made and provided: and I the said E. P., do adjudge him to pay and forfeit for the same, the sum of Giren under my hand and seal the day and year aforesaid. This is according to the form given by the Act, s. 9.

Overseer, &c. to bury the body.] Upon notice being so given to the churchwarden, overseer, or constable, &c., he shall cause the body to be forthwith removed to some convenient place, and with all convenient speed cause it to be decently interred in the churchyard or burial-ground of such parish or place, Id. s. 1. And if he refuse or neglect to have such body removed to some convenient place prior to interment, for twelve hours after notice so given to or left for him, or shall neglect or refuse to perform the other duties required of him by this Act, he shall forfeit the sum of 51. Id. s. 7.

To convict for this offence, the prosecutor must prove

1. That he found a dead body cast on shore from the sea, within the parish.

2. That within six hours afterwards he gave notice thereof to the defendant, either personally, or by leaving it for him at his last place of abode. And it is not necessary to give the defendant notice to produce this notice.

3. That the defendant at the time of the notice was or acted as a churchwarden or overseer of the parish.

4. That he did not, within twelve hours after notice, cause the body to be removed to a convenient place for interment; or that he did not, with convenient speed, have the body decently interred in the parish churchyard,-as charged in the information.

in

Conviction, as in the last form, to the asterisk :* for that the said A. B., being overseer of the poor of the parish of the county aforesaid, having on —, at being served with notice that the dead body of a certain man unknown was cast on shore from the sea, and was then lying within the bounds of the said parish, did not within twelve hours after the said notice was so served upon him as aforesaid, cause the said body to be removed from the said shore to some convenient place prior to interment thereof; [or as the case may be ;] against the form of the statute in such case made and provided. And I, the said E. F., &c., as in the last form.

In other cases, also, the guardians, or, where there are no guardians, the overseers, may cause the dead body of any poor person, which may be within their union or parish, to be buried, and charge the expense thereof to the parish to which such poor person was chargeable. 7 & 8 Vict. c. 101, s. 31. See post, vol. 3, p. 13. But it does not seem from the statute, that they are compellable to do so; and previously to that Act,

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