the offender to the house of correction, there to be kept to hard labour for six months, unless the money be sooner paid or satisfied. 11 G. 2, c. 19, s. 4. Where the justices proceeded to adjudicate upon this section, and made an order against the tenant, although it appeared that the title to the premises was disputed, and the tenant had actually paid his rent to one of the claimants: it was holden that they had jurisdiction to do so, and that therefore an action of trespass would not lie against them. Coster v. Wilson et al., 3 Mees. & W. 411, 1 Horn & H. 141. In this case also, the warrant of commitment did not state that there had been a complaint in writing, or that the examination of the witnesses had been upon oath, but it referred to the order, which stated those matters; and the court held it to be sufficient. Id. The complaint in this case may in fact be made to one justice, and he may issue the summons; 3 G. 4, c. 25, s. 2. See ante, p. 359; but the case must be heard before two justices, and the order must be made by them. The order may be in the following form : Berkshire, to wit: Whereas by a certain complaint in writing exhibited before us, J. P. & R. S. esquires, two of Her Majesty's justices of the peace in and for the said county, residing near the place [whence the goods and chattels hereinafter mentioned were removed, or where the goods and chattels hereinafter mentioned were found], and not being interested in the lands and tenements whence such goods and chattels were removed, by G. H., bailiff of J. S. of - in the said county, A. B. of · farmer, stands charged for that he the said A. B., on ———— at ―, being then and there tenant from year to year to the said J. S. of a certain messuage and lands there situate, and being then indebted unto the said J. S. for certain arrears of rent reserved and then due and payable for the said messuage and lands, did fraudulently [and clandestinely] remove, convey away and carry off from the said premises divers of his goods and chattels, not exceeding the value of £50, to wit, of the value of £30, in order to prevent the said J. S., the landlord of the said premises, from distraining for the said arrears of rent so due and payable as aforesaid, the said A. B. not having then and there left upon the said demised premises sufficient goods whereof the said J. S. could cause the said arrears to be levied; and whereas one C. D. of labourer, and one E. F. of yeoman, also stand duly charged before us, for that they the said C. D. & E. F., on the day and year aforesaid, at in the said county, did wilfully and knowingly aid and assist the said A. B. in so removing, conveying away and carrying off the said goods and chattels [or in concealing the said goods and chattels so removed and conveyed away] from the premises aforesaid; against the form of the statute in such case made and provided. And the said A. B., C. D. & E. F. being duly summoned to appear before us in this behalf, now ap We pear and are present accordingly [or as the fact may be]. the said justices, thereupon, having now examined the fact, and all proper witnesses upon oath, do hereby determine that the said A. B. is guilty of the said offence so charged against him as aforesaid, and that the said C. D. & E. F. are also guilty of the offence so charged against them as aforesaid; and we the said justices, having inquired into the value of the goods and chattels so removed, conveyed away and carried off as aforesaid, do find that the value of the same was and is £30: Wherefore we the said justices do hereby order and adjudge the said A. B. C. D. & E. F. to pay unto the said J. S. or to his bailiff, servant or agent, the sum of £60 (being double the value of the said goods and chattels), on or before the day of instant. Given under our hands and seals, at the day of &c. See as to this order, R. v. Bissey, Sayer, 304. It must appear upon the face of it, that the party complaining is the landlord, or his bailiff, servant or agent, and that the party who removed the goods or caused them to be removed was the tenant. R. v. Davis, 5 B. & Ad. 551. It need not, however, enumerate the goods removed. R. v. Rabbits, 6 D. & R. 341. It must also show that a complaint in writing was exhibited before the justices by the landlord or his agent. Fuller, 13 Law J. 141, m. 2 Dowl. & Lo. 98. Where the order, in charging the parties who were aiding and assisting the tenant in removing the goods, did not allege that they "wilfully and knowingly" did so, it was holden bad on that account. R. v. JJ. of Radnorshire, 9 Dowl. 90. Ex P. The party may appeal against this order, to the next general or quarter sessions; 11 G. 2, c. 19, s. 5; and if he enter into recognizance with one or two sureties to appear at the sessions, &c., the order shall not in the mean time be executed. Id. 8. 6. 2. Cost of a Distress. Where a distress is made for arrears of rent, [or for land tax, assessed taxes, poor's rates, church rates, tithes, highway rates, sewer rates, or any other rates, taxes, impositions or assessments whatsoever, 7 & 8 G. 4, c. 17,] not exceeding 201., the person making the distress or person employed by him shall not have, take or receive any other or more costs or charges for or in respect of the same, than those set down in the schedule to the Act, 57 G. 3, c. 93, s. 1, and which are as follow: Levying distress.... Man in possession, per day Appraisement, whether by one broker or of the goods. All expenses of advertisements, if any such £ s. d. 0 10 0 "If any person or persons whatsoever, shall in any manner levy, take, or receive from any person or persons whatsoever, or retain or take from the produce of any goods sold for the payment of such rent," [rates, taxes, &c. vide supra,] “any other or greater costs and charges than are mentioned and set down in the said schedule, or make any charge whatsoever for any act, matter or thing mentioned in the said schedule and not really done:" the party aggrieved may apply to a justice of the peace for the county, &c. in which the distress was made or proceeded in, for redress: and thereupon such justice shall summon the party complained of, shall examine into the matter of complaint, and hear the defence; and if it appear to him that the matter of complaint is true, he shall order and adjudge treble the amount of the monies so unlawfully taken, to be paid by the party so having acted to the party complaining, together with full costs; and in case of non-payment, the justice may forthwith grant his warrant to levy the same by distress; and if no sufficient distress, he may "commit the party or parties to the common gaol or prison within the limits of the jurisdiction of such justice, there to remain until such order or judgment be satisfied. Id. 8. 2. Or if the justice find the complaint not well founded, he may order the complainant to pay costs, not exceeding twenty shillings. Id. No such order however shall be made against the landlord, for whom the distress was made, unless he shall have personally levied such distress. Id. and see Hart v. Leach, 1 Mees. & W. 560. The justice may summon witnesses, at the instance of either party; and if they do not appear, or refuse to be examined, they shall forfeit not exceeding forty shillings, to be recovered as above mentioned. Id. s. 3. The following forms are given by the statute: Form of the order in favour of the complainant:-In the matter of the complaint of A. B. against C. D., for a breach of the provisions of an Act of the fifty-seventh year of his Majesty King George the Third, intituled An Act [here insert the title of this Act*] I, E. F., a justice of the peace for the county of and acting within the division of do order and adjudge that the said C. D. shall pay to A. B. the sum of - as a compensation and satisfaction for unlawful charges and costs levied and taken from the said A. B. under a distress for rent ; and the further sum of - for costs. *An Act to regulate the cost of distresses levied for payment of small rents." Form of the order, when the complaint is dismissed: same as the last form, to the words "do order and adjudge'-that the complaint of the said A. B. is unfounded; [if costs are given;] and I do further order and adjudge that the said A. B. shall pay unto the said C. D. the sum of · for costs. DOCK. See "Larceny." DOGS. Stealing.] By stat. 8 & 9 Vict. c. 47, s. 2, "if any person shall steal any dog, every such offender shall be deemed guilty of a misdemeanor; and, being convicted thereof before any two or more justices of the peace, shall for the first offence, at the discretion of the said justices, either be committed to the common gaol or house of correction, there to be imprisoned only, or be imprisoned and kept to hard labour, for any term not exceeding six calendar months, or shall forfeit and pay, over and above the value of the said dog, such sum of money, not exceeding twenty pounds, as to the said justices shall seem meet; and if any person so convicted shall afterwards be guilty of the said offence, every such offender shall be guilty of an indictable misdemeanor, and being convicted thereof shall be liable to suffer such punishment, by fine, or imprisonment with or without hard labour, or by both, as the court in its discretion shall award, provided such imprisonment do not exceed eighteen months." The conviction before two justices, is in the ordinary form, ante p. 372; and the offence may therein be described thus:That E. F. of on —, at -, did unlawfully steal, take and carry away a certain dog, the property of C. D., then and there being found: contrary to the form of the statute in such case made and provided. Having stolen dogs, or the skins thereof.] And "if any dog, or the skin thereof, shall be found in the possession or on the premises of any person, by virtue of any search warrant to be granted as is hereafter in that behalf provided, the justice by whom such search warrant was granted may restore the same to the owner thereof; and the person, in whose possession or on whose premises the same shall be so found, (such person knowing that the dog has been stolen, or that the skin is the skin of a stolen dog,) shall, on conviction before any two or more justices of the peace, be liable for the first offence to pay such sum of money, not exceeding twenty pounds, as to the justices shall seem meet; and if any person so convicted shall be afterwards guilty of the said offence, every such offender shall be deemed guilty of a misdemeanor, and punishable accordingly." Id. s. 3. The conviction before two justices, is in the ordinary form, ante, p. 372; and the offence may therein be described thus:" That on, at by virtue of a certain search warrant before then granted by J. P. esquire, one of Her Majesty's justices of the peace in and for the said county, [the skin of] a certain dog, the property of C. D., was found in the possession [or on the premises, to wit, in the dwelling house] of E. F. of · in the county aforesaid, he the said E. F. then and there well knowing that the said dog had been stolen: contrary to the form of the statute in such case made and provided : Prosecution.] "Any person found committing any offence punishable either upon summary conviction or upon indictment by virtue of this Act, may be immediately apprehended without a warrant by any police officer, or by the owner of the dog with respect to which the offence shall be committed, or by his servant or any person authorized by him, and forthwith taken before some neighbouring justice of the peace, to be dealt with according to law; and if any credible witness shall prove upon oath, before a justice of the peace, a reasonable cause to suspect that any person has in his possession or on his premises any stolen dog, such justice may grant a warrant to search for such dog; and any person to whom any dog shall be offered to be sold or delivered, if he shall have reasonable cause to suspect that such dog has been stolen, is hereby authorized, and, if in his power, is required, to apprehend and forthwith to convey before a justice of the peace the party offering the same, together with such dog, to be dealt with according to law." Id. s. 5. And "any justice may, if he shall think fit, remand for further examination, or may suffer to go at large (with or without sureties) upon his personal recognizance, any person who shall be charged before him with any offence or misdemeanor punishable by this Act, whether the same be punishable by summary conviction or as an indictable misdemeanor." Id. s. 7. And "in every case of summary conviction under this Act, where the sum which shall be forfeited for the value of any dog as is herein-before provided, or which shall be imposed as a penalty by the justices, shall not be paid-either immediately after the conviction or within such period as the justices shall at the time of the conviction appoint,-it shall be lawful for the convicting justices to commit the offender to the common gaol or house of correction, there to be imprisoned only, or |