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tody of a constable or other peace-officer, who shall immediately convey such person before a justice of the peace for the county, &c., where the offence shall be committed; and if such justice shall, upon examination and inquiry, have cause to suspect that such horse, &c., is stolen or unlawfully obtained, such justice may commit such person into safe custody, for any time not exceeding the space of six days, in order to be further examined; and if upon either of the said examinations, such justice shall be satisfied or have reason to believe that such horse, &c., is stolen, or illegally obtained, the said justice is hereby authorized and required to commit the person, so bringing or offering the same for sale, to the common gaol or house of correction of the county, &c., wherein the offence shall be committed, there to be dealt with according to law. Id. s. 7.

Inspector's books to be produced at sessions.] The book of every inspector shall be produced at every general quarter sessions of the peace, to be holden in and for the county wherein any such licence shall be granted, and delivered to the justices of the peace at such general quarter sessions assembled, then and there to be examined by them as they shall think fit. Id. s. 12.

Witnesses.] Any justice of the peace, before whom complaint shall be made for any offence against this Act, may summon such person as he shall think proper, to appear before him at a day certain to give evidence touching any offence committed against this Act; and in case such person or persons shall wilfully refuse or neglect to attend, or give evidence touching such offence, he shall forfeit the sum of ten pounds; and in default of payment thereof, or in case of inability to pay the same, shall stand committed to the common gaol or house of correction, for any time not exceeding three calendar months nor less than one calendar month, unless the said penalty shall be sooner paid. Id. s. 16.

Rated parishioners shall be deemed competent witnesses Id. s. 17.

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HOUSE OF CORRECTION.

See "Gaol,"

HUE AND CRY.

In what cases and how.] Hue and cry is the ancient mode in this country of pursuing felons, for the purpose of apprehending them; and it may still be adopted. It may be levied, either with or without a warrant of a justice of the peace; it may be levied by a constable without warrant, upon information given to him of a felony being committed, and a description of the offenders, if such description can be given; or a justice of the peace may grant a warrant for it, upon the like information.

The following may be the form of the warrant :

Berkshire to wit: To all constables and other officers, as well in the said county of Berks as elsewhere, to whom the execution hereof doth or shall belong

Whereas A. B. of · hath upon his oath informed me L. M. one of Her Majesty's justices of the peace in and for the said county, that on at, [here describe the offence, and that it was committed either by a person by name, or by 66 a certain person to him unknown," and then going on to describe the offender if the informant can give any such description ;] and that the said [person unknown] immediately after he so committed the said felony as aforesaid, absconded, and hath not as yet been apprehended. These are therefore to command you forthwith to raise the power of the towns within your several precincts, and to make diligent search therein for the person above described, and to make fresh pursuit and hue and cry after him from town to town, and from county to county, as well by horsemen as by footmen; and to give due notice thereof in writing, (describing in such notice the person and offence aforesaid) unto every next constable on every side, until they shall come to the sea shore, or until the said offender shall be apprehended. And that all persons whom you or any of you shall, as well upon such search and pursuit as otherwise, apprehend or cause to be apprehended, as justly suspected of having committed the said felony, you do carry forthwith before some one of Her Majesty's justices of the peace in and for the county or place where he or they shall be apprehended, to be by such justice examined, and dealt with according to law. And herein fail ye not, upon the peril that shall ensue thereon. Given under my hand and seal at- this day of in the year aforesaid.

This warrant describes sufficiently the duty of the constables in the execution of it.

Not levying or pursuing it.] If a constable do not levy hue and cry, when he ought, or if others do not pursue it when required, they are punishable upon indictment with fine or imprisonment, or both. 3 Inst. 117; 3 Ed. 1, c. 9.

HUNDRED.

Proceedings against, in ordinary cases.

The like, where the damage is to a church or chapel, p. 731.
The like, where the damage is in a city, town, &c., p. 731.

Proceedings against the Hundred in ordinary cases.

In what cases liable for damage.] “If any church or chapel, or any chapel for the religious worship of persons dissenting from the united church of England and Ireland duly registered or recorded, or any house, stable, coach-house, outhouse, warehouse, office, shop, mill, malthouse, hop-oast, barn, or granary, or any building or erection used in carrying on any trade or manufacture, or branch thereof, or any machinery, whether fixed or moveable, prepared for or employed in any manufacture, or in any branch thereof, or any steam-engine or other engine for sinking, draining, or working any mine, or any staith, building, or erection used in conducting the business of any mine, or any bridge, waggonway, or trunk for conveying minerals from any mine, shall be feloniously demolished, pulled down, or destroyed, wholly or in part, by any persons riotously and tumultuously assembled together in every such case the inhabitants of a hundred, wapentake, ward, or other district in the nature of a hundred, by whatever name it shall be denominated, in which any of the said offences shall be committed, shall be liable to yield full compensation to the person or persons damnified by the offence, not only for the damage so done to any of the subjects herein before enumerated, but also for any damage which may at the same time be done by any such offenders to any fixture, furniture, or goods whatever, in any such church, chapel, house, or other of the buildings or erections aforesaid." 7 & 8 G. 4, c. 31, s. 1. See Birley et al. v. Salford, 12 Law J. 118, m.

Information on oath.] No action or summary proceeding as hereinafter mentioned, shall be maintainable by virtue of this Act, for the damage caused by any of the said offences, unless

the person or persons damnified, or such of them as shall have knowledge of the circumstances of the offence, or the servant or servants who had the care of the property damaged, shall, within seven days after the commission of the offence, go before some justice of the peace residing near and having jurisdiction over the place where the offence shall have been committed, and shall state upon oath before such justice the names of the offenders, if known, and shall submit to the examination of such justice touching the circumstances of the offence, and become bound by recognizance before him to prosecute the offenders when apprehended. Id. s. 3.

Notice of claim.] And whereas it is expedient to provide a summary mode of proceeding, where the damage is of small amount: be it therefore enacted, that it shall not be lawful for any person to commence any action against the inhabitants of any hundred or other like district, where the damage alleged to have been sustained by reason of any of the offences in this Act mentioned shall not exceed the sum of thirty pounds; but the party damnified shall, within seven days after the commission of the offence, give notice in writing of his claim for compensation, according to the form in the schedule hereunto annexed, to the high constable or some one of the high constables (if there be more than one) of the hundred or other like district, in which the offence shall have been committed. Id. s. 8.

The following is the form of the notice:

To the high constable [or to - one of the high constables] a peace-officer of, &c.]

of, &c. [or to

I hereby give you notice, that I intend to claim compensation from the inhabitants of [here specify the hundred or other like district, or county of a city, &c., or liberty, franchise, &c., as the case may be], on account of the damage which I have sustained by means of [here state the offence, the time and place where it was committed, and the nature and amount of the damage]; and I hereby require you, within seven days after your receipt of this notice, to exhibit the same to some two justices of the peace of the county [riding or division] of residing in or acting for the said hundred, &c. [or if in a liberty, franchise, &c., where the justices of the county, riding or division have no jurisdiction, then to say, to some two justices of the peace of, naming the liberty, franchise, &c.], [or if in a county of a city, &c. then say, to some two justices of the peace of, naming the county of the city, &c.], in order that they may appoint a time and place for holding a special petty session to hear and determine my claim for compensation by virtue of an Act passed in the session of Parliament held in the seventh and eighth years of the reign of King George the Fourth, intituled An Act for consolidating and amending the laws in England

relative to remedies against the hundred;" and you are required to give notice of the day, hour and place appointed for holding such petty sessions, within three days after the justices shall have appointed the same. Given under my hand this

day of in the year of our Lord

(Signed)

A. B. And where any of the offences in this Act mentioned, shall be committed on any property belonging to a body corporate, such body may recover compensation against the hundred or other like district, in the same manner and subject to the same conditions as any person damnified is by this Act enabled to do: provided always, that the several conditions which are herein required to be performed by or on behalf of any person damnified, may, in the case of a body corporate, be performed by any officer of such body on behalf thereof. Id. s. 11.

Appointment of special sessions to hear it.] Such high constable shall, within seven days after the receipt of the notice, exhibit the same to some two justices of the peace of the county, riding, or division in which such hundred or district shall be situate, residing in or acting for such hundred or district, and they shall thereupon appoint a special petty session of all the justices of the peace of the county, riding, or division, acting for such hundred or district, to be holden within not less than twenty nor more than thirty days next after the exhibition of such notice, for the purpose of hearing and determining any claim which may be then and there brought before them on account of any such damage; and such high constable shall within three days after such appointment, give notice in writing to the claimant, of the day and hour and place appointed for holding such petty session, and shall within ten days give the like notice to all the justices acting for such hundred or district. Id. s. 8.

And if any high constable shall refuse or neglect to exhibit such notice as aforesaid, the party damnified may sue him for the amount of the damage sustained. Id. s. 10.

Notice of hearing.] The claimant shall cause a notice in writing, in the form in the schedule hereunto annexed, to be placed on the church or chapel door, or other conspicuous part of the parish, township or place in which such damage shall have been sustained, on two Sundays preceding the day of holding such petty sessions. Id. s. 8.

The following is the form of the notice:

in the

I hereby give notice, that I shall apply for compensation to the justices of the peace at a special petty sessions to be holden at on the day of next, at the hour of forenoon, on account of the damage which I have sustained by means of [here state the offence, the time and place where it

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