tress of the goods of the party or society, or in default of goods of society, then on the goods of officer neglecting, &c. (ƒ).

Where Disputes referred by Rules to Justices.] By s. 28, on complaint to a justice of any refusal or neglect to comply with the rules by any member or officer thereof, he may summon the party; two justices may then proceed to determine the complaint according to the rules; and in case the justices shall adjudge any sum of money to be paid by the party, and he do not pay it within the time specified by such justices, they shall proceed to enforce their award in manner hereinbefore directed (by s. 27, supra), by distress.

on the

Form of stating

That he the said A. B. is a member of a certain friendly society called held at in the said county [here copy portion between the asterisks ** in last the complaint. form]. And that at a meeting of the said society held at the said day of he the said A. B. was by the members then and there present, unjustly, illegally, and contrary to the rules of the said society, excluded from the said society and all benefit which he hath a right to claim therefrom.+ and that by the rules of the said society, it is directed that any matter in dispute shall be referred to her Majesty's justices of the peace acting for the said county [or as the case may be]: And that the said A. B. prayeth redress in the premises, and that G. H. and I. K., the stewards of the said society, may be summoned to answer the said complaint pursuant to the statute in such case made and provided.

Where Society neglected to appoint Arbitrators within Forty Days after 4 & 5 Will. 4, Application, or the Arbitrators have not made any Award.] On complaint c. 40. on oath of a member, or of any person claiming on his account, one justice may summon the trustee, treasurer, steward, or other officer of the society, or any one of them, and any two justices may determine the matter in dispute in the same manner as if the rules had directed disputes to be referred to justices (s. 7).

Proceed as in the last form to the t, then say: "that by the rules of the said Form of stating society, it is directed that any matter in dispute shall be referred [here set out the complaint. the substance of the arbitration rule]; that application was made by this complainant on the day of last to G. H. and I. K. being then and there the stewards of the said society, for the purpose of having the said dispute so settled by arbitration according to the said rule, and that such application was not within forty days thereafter, and hath not at any time since been complied with [or "that the arbitrators to whom the said dispute was referred have neglected for refused'] to make any award."] And the said A. B. prayeth, &c. [as in preceding form].

Where Member expelled.] By s. 8, if any member shall have been expelled, and the arbitrators or justices shall award or order that he shall be reinstated (g), such arbitrators or justices may award or order, in default of such reinstatement to the member so expelled, such a sum of money as to them shall seem meet or reasonable; which, if not paid, shall be re

(f) Sect. 15 of 9 & 10 Vict. c. 27, authorizes the registrar of friendly societies to determine these disputes; and by s. 19, one justice may summon the party, and two justices enforce payment of sum awarded by him by distress. (g) This order of reinstatement is not within the 11 & 12 Vict. c. 43, as that statute only contemplates the disobeying which is punishable with imprisonment; but the order for compensation seems to be within it, and upon which costs could be ordered under the 18th section, ante, p. 48 (12 J. P. 779).

11 & 12 Vict. c. 49.

coverable from the said society, or the treasurer, trustee, or other officer, in the same way as under s. 27 of 10 Geo. 4, c. 56, supra.

GAME.

Licence to deal in.] See ante, title “ Game,” p. 373.

Killing Hares.] By s. 1, persons in the occupation of inclosed ground, and in certain cases owners, may kill hares without a game certificate, and if another person, an authority in writing in the following form must be given:

of

[here insert the

Dated this

day of

A. B.

I, A. B., do authorize C. D. to kill hares on my lands [or "the lands occupied by me," as the case may be] within the name of the parish or other place, as the case may be]. [here insert the day, month and year]. Witness

By s. 2, this authority or a copy is to be delivered to the clerk to the magistrates for the petty sessions division within which the said lands are situate, who shall forthwith register the same and the date of such registration in a book to be kept by him for such purpose, which book shall be at all reasonable times open to the inspection of the clerk to the commissioners for assessed taxes or the collectors within such district; this authority is to be held good until after the 1st of February in the year following that within which the same is granted, unless the same be previously revoked and notice of such revocation be given to the clerk to the magistrates as aforesaid, and the said registered authority, or the unrevoked register thereof, shall be good and sufficient evidence of the right of the person to whom authority is given by the same to kill hares upon the lands mentioned within the same without having obtained an annual game certificate. The form of the register book of authorities may be:—

Warrant to enter.] Any justice [except within the metropolitan police district, for which see s. 6] upon complaint on oath that there is reason to suspect any house, room or place to be kept or used as a common gaming

house, may give authority by special warrant to any constable to enter 1 with necessary assistance into such house, &c. and if necessary to use force, &c. and to arrest and bring before a justice all persons found therein (s.3.) Form of warrant given by the act is:

મ

To the constable, &c.

County of Whereas it appears to me, J. P., one of the justices of our lady
the queen, assigned to keep the peace in the said county, by the
information on oath of A. B. of, in the county of [yeoman] that the
house ["room" or " place"] known as [here insert a description of the house,
room or place by which it may be readily made known and found], is kept and
used as a common gaming-house within the meaning of an act passed in the
eighth year of the reign of her Majesty queen Victoria, intituled "An Act to
amend the Law concerning Games and Wagers:" This is, therefore, in the
name of our lady the queen, to require you, with such assistance as you may
find necessary, to enter into the said house ["room" or "place"], and, if ne-
cessary, to use force for making such entry, whether by breaking open doors or
otherwise, and there diligently to search for all instruments of unlawful gaming
which may be therein, and to arrest, search, and bring before me, or some other
of the justices of our lady the queen assigned to keep the peace within the
county of
- as well the keepers of the same as also the persons there
haunting, resorting, and playing, to be dealt with according to law, and for so
doing this shall be your warrant.
J. P. (L.S.)

of

Given under my hand and seal at

in the county of this

year of the reign of

day

Justices may order instruments taken with the persons to be destroyed (see s. 8.)

HEALTH (PUBLIC) ACT, 1848.

To what Places applicable.] This act will apply only to those places in 11 & 12 Vict. which it shall be put in force by order of her Majesty in council, and c. 63. in some cases by a provisional order of the General Board of Health, and sanctioned by parliament (s. 10). Sects. 8 and 9 provide the mode of proceeding by petition by inhabitants, upon which an inspector visits the place to make a preliminary inquiry, and who reports to the general board the result. But s. 50 authorizes churchwardens and overseers of any parish or place with less than 2000 inhabitants, in which the act is not otherwise applied, after consent of a majority of not less than 3-5ths of the rated inhabitants, to execute minor works, such as the construction of sewers, providing wells, pumps, &c. for public use.

By s. 117 of the same act, the local board of health within the limits of their district shall, exclusively of any other person whatsoever, execute the office of and be surveyor of highways.

Officers not accounting.] Sect. 39, after enacting that officers or servants intrusted with money are to give security and to account, enacts, “and if any such officer or servant fail to render such account, or to produce and deliver up such of the said vouchers and receipts as may be in his possession or power, or to pay over any such monies as aforesaid, or if for the space of five days after being thereunto required he fail to deliver up to the said

local board all papers and writings, property, effects, matters and things in his possession or power, relating to the execution of this act, or belonging to such board, then and in every such case a justice shall, on complaint being made to him in that behalf, summon the party charged to appear and answer the complaint before two justices at a time and place to be specified in the summons; and, upon the appearance of the party charged, or upon proof that the summons was personally served upon him or left at his last known place of abode or business, and if it appear to the lastmentioned justices that he has failed to render any such accounts, or to produce and deliver up any such vouchers or receipts, or any such papers, writings, property, effects, matters or things as aforesaid, and that he still fails or refuses so to do, they may, by warrant under their hands and seals, commit the offender to gaol, there to remain, without bail, until he shall have rendered such accounts, and produced and delivered up all such vouchers, receipts, books, papers, writings, property, effects, matters and things in respect of which the charge was made; and if it appear that the party charged has failed to pay over any such monies as aforesaid, and that he still fails or refuses so to do, the last-mentioned justices may, by a like warrant, cause the same to be levied by distress and sale of his goods and chattels, and in default of any sufficient distress commit him to gaol, there to remain, without bail, for a period of three months, unless such monies be sooner paid: provided always, that if the complainant, by deposition on oath, show to the satisfaction of any justice that there is probable cause for believing that the party charged intends to abscond, such justice may, without previous summons, by warrant under his hand and seal, cause him to be forthwith apprehended; and in such case the said party shall, within twenty-four hours after apprehension, be brought before the same or some other justice, who may order that he be discharged from custody, if such justice think that there is no sufficient ground for detention, or that he be further detained until he be brought before two justices at a time and place to be named in the order, unless bail to the satisfaction of the justice be given for the appearance of the party before such two justices (b): provided also, that no such proceeding shall be construed to relieve or discharge any such surety of the offender from any liability whatsoever.”

Rates, and their Recovery.] Sect. 103 enacts, "that all rates made or collected under the authority of this act shall be published in the same manner as poor rates (c), and shall commence and be payable at such time or times, and shall be made in such manner and form, and be collected

(b) The provisions of the 11 & 12 Vict. c. 43, cannot be made available under this section, as no order or conviction is required to be drawn up. (Vide note (b), ante, p. 11.)

(c) But by s. 117 neither the allowance by justices, nor the signature of the local board of health, shall be necessary in the case of any rate made by the local board of health under this act.

by such persons, and either together or separately, or with any other rate or tax, as the local board of health shall from time to time appoint; and if any person assessed to any such rate fail to pay the same when due, and for the space of fourteen days after the same shall have been lawfully demanded in writing, any justice may and he is hereby empowered to summon the defaulter to appear before him, or any other justice, at a time and place to be mentioned in the summons, to show cause why the rate in arrear should not be paid; and in case the defaulter fail to appear according to the exigency of the summons, or no sufficient cause for nonpayment be shown (d), the justice may, by warrant (Form (D)), under his hand and seal, cause the same to be levied by distress of the goods and chattels of the defaulter."

Proviso for backing Warrant.] And if any person quit or be about to quit any premises without payment of any rate then due from him in respect of such premises under this act, and refuse to pay the same after lawful demand thereof in writing, any justice having jurisdiction where such person resides or his goods are found, may and he is hereby empowered to summon him to appear, at a time and place to be mentioned in the summons, to show cause why the rate so due should not be paid; and in case the defaulter fail to appear, or no sufficient cause for nonpayment be shown, the justice may, by warrant under his hand and seal, cause the sum to be levied by distress of the goods and chattels of the defaulter (e).

Distress Warrant.] Schedule (D).

To A. B., collector of rates, and to all constables and peace officers. County of Whereas complaint hath been duly made by A. B., one or ["borough,"] &c. of the collectors for the district of under and by virtue of the Public Health Act, 1848, that C. D., of &c., hath not paid and hath refused to pay the sum of upon him in and by a certain rate bearing date on or about the

to wit.

duly assessed day of although

in the year of our Lord one thousand eight hundred and the same hath been duly demanded of him: And whereas it appears to me. E. F. esquire, one of her Majesty's justices of the peace in and for the said county [or "borough," &c.] as well upon the oath of the said A. B. as other. wise, that the said sum of— hath been duly demanded in writing of him the said C. D., and that the said C. D. hath refused to pay the same for the space of fourteen days after such demand made, and doth refuse to pay the same: And whereas the said C. D. hath been duly summoned to appear before me to show cause why the said sum should not be paid by him, and not having shown to me any sufficient cause why the same should not be paid: These are therefore, in her Majesty's name, to command you to levy the said sum of and also the sum of the costs of proceeding to obtain this warrant, by distress and sale of the goods and chattels of the said C. D., and your reasonable

(d) By s. 106 the production of the books purporting to contain any rate or assessment made under this act shall alone, and without any other evidence whatsoever, be received as primâ facie evidence of the making and validity of the rates mentioned therein.

(e) The constable neglecting or refusing to execute a warrant of distress for rates is liable to a penalty not exceeding £5 (s. 104), recovered as Offences 1-3, ante, p. 130.