ment is exempt from stamp duty by the 4 & 5 Will. 4, c. 76, s. 86. See 7 & 8 Vict. c. 101, ss. 61, 62, as to collector of rates who are not appointed by justices, but by the poor law board on resolution of guardians.

Removal of Poor.] For the different classes of settlement the reader must refer to the 3rd vol. of Arch. J. P., and Archbold's or Lumley's edition of the acts 9 & 10 Vict. c. 66 (the five years' act), 11 & 12 Vict. c. 111, and the procedure and other acts of the session 1848. As to Scotch and Irish paupers, see 9 & 10 Vict. c. 117, s. 83, and 10 & 11 Vict. c. 33. Two Justices may give Relief.] Sections 27, 54.

4 & 5 Will. 4,

Attach Wages.] To repay relief granted by way of loan (s. 59). By c. 76. 11 & 12 Vict. c. 110, s. 8, such relief may be recovered in the County Court.

Maintenance of Relations.] Two justices may make order, 59 Geo. 3, 43 Eliz. c. 2, c. 12, s. 26, amending this act, and not affected by 4 & 5 Will. 4, c. 76, s. 7.

s. 56.

See 11 J. P. 67. See also 11 & 12 Vict. c. 110, s. 8, where

amount may be recovered in County Court.

Recovery of Poor Houses.] One month's notice in writing to be given 59 Geo. 3, c. 12. by the major part of the churchwardens and overseers to poor persons neglecting to quit, and served either personally or in his absence affixed on some notorious part of the premises. Overseer to lay complaint and justice to issue summons (seven days' service, as notice). Two justices may grant a warrant of possession (ss. 24, 25).

Excusing Rates.] Two justices, on application of person rated, may, on 54 Geo. 3, proof of inability through poverty to pay, and with consent of the parish c. 170. officers, order such person to be excused (s. 11).

Allowance of Rates.] By two justices (s. 1); the form is :

County of

to wit. assessment.

We, two of her Majesty's justices of the peace in and for the county of do consent and allow of the foregoing Witness our hands this day of―, 184-.

43 Eliz. c. 2

Recovery of Rates.] Complaint by overseer, or assistant overseer; one justice to issue summons to appear before two justices. On proof that rate has been demanded, and that the party has neglected to pay for seven days thereafter, justices may issue a distress warrant (a) (s. 12). If distress 43 Eliz. c. 2, insufficient, commitment to the gaol or house of correction until paid. No s 4; 17 Geo. 2, c. 38, ss. 7, 8. costs recoverable, the 18 Geo. 3, c. 19, thereon being repealed by the 11 & 12 Vict. c. 43, s. 36 (b). Rates cannot be recovered by action (Stevens v. Evans, 2 Burr. 1152; 4 Burn's Justice, 28th edit. 229). By 11 & 12 Vict. c. 44, s. 4, no action shall be brought against a justice for issuing a distress warrant for poor-rate [made after the 2nd of October, 1848, when

(a) The service of this summons must be personal (10 J. P. 322; 12 J. P. 202), and the demand of payment must also have been personal on the defaulter (12 J. P. 747). A distress warrant may issue against any one of a number of tenants in common refusing to pay a rate assessed on all of them (Paynter v. R. 16 L. J. (M. C.) 136).

(b) See Arch. 2nd edit. Jervis's Acts, p. 138.

Complaint.

the act came into operation] by reason of any defect in the rate, or that the party is not rateable. The forms to be used are :—

County of C.
to wit.

The information and complaint of C. D. [assistant] overseer of the poor of the parish of D. in the said county, made before me the undersigned, one of her Majesty's justices of the peace in and for the said county, the day of -, in the year of our Lord one thousand eight hundred and forty who says, that in and by the rate and assessment hereinafter mentioned, dated the day and year also hereinafter mentioned, made, assessed, allowed and published according to the statutes in that case made and provided, A. B.. occupier of [a teuement, or as described in the ratebook] in the said parish of D., was duly rated and assessed for and towards the necessary relief of the poor of the said parish, in the [several] sum of money also hereinafter mentioned, and that the said sum ha been lawfully demanded of the said A. B., who hath refused and doth refuse to pay the same : Whereupon he the said C. D. prayeth that the said A. B. may be summoned to answer the said complaint before two of her Majesty's justices of the peace in and for the said county.

£ s. d.

C. D.

Summons.

Distress Warrant.

To A. B. of the parish of D., in the county of C.

the

County of C. I the undersigned, one of her Majesty's justices of the peace
to wit.
Sin and for the said county of C., do hereby summon you per-
sonally to appear before such two of her Majesty's justices of the peace in and
for the said county as shall be present at the at N. in the said county, on
day of, in the year of our Lord one thousand eight hundred
and forty
at the hour of
-noon of the same day, to show
cause why you refuse to pay the rate or assessment hereinafter mentioned,
made for the relief of the poor of the said parish, bearing date the day and
year also hereinafter mentioned, otherwise you will be proceeded against as
if you had appeared. Given under my hand this day of -, in the year
of our Lord one thousand eight hundred and forty
J. Š.

in the

(Here specify the rates as in the information.]

To the churchwardens and overseers of the poor of the parish of D. in the
county of C, and to the constables of the said parish of D., to be aiding
and assisting herein.

County of C. Whereas in and by the [several] rate and assessment
to wit. hereinafter mentioned, made, assessed, allowed and published
according to the statutes in that case made and provided, bearing date the
day and the year also hereinafter mentioned, A. B. of the parish of D., in
the county of C. aforesaid, an inhabitant and occupier of [as in complaint], in
the said parish of D., was duly rated and assessed for and towards the necessary
relief of the poor of the said parish of D. in the [several] sum of money also
hereinafter mentioned: And whereas it duly appeareth unto us J. S. and J. P.
esquires, two of her Majesty's justices of the peace in and for the said county
of C., as well upon the oath of C. D. [assistant, or "one of the"] overseers of
the poor of the said parish of D. as otherwise, that the said sum ha been
lawfully demanded by him; but that the said A. B. hath refused and doth
refuse to pay the same: And whereas it also appeareth unto us, that the said
A. B. hath been duly summoned to show cause why he refuseth to pay the said
and assessment the said A. B. hath [not] appeared according to such
summons [and or but] hath not showed to us sufficient cause why the same should

rate

not be paid. These are, therefore, to require you forthwith to make distress of
the goods and chattels of the said A. B., and if within the space of five days
next after such distress by you taken, the
--- sum of [here set out each sum],
making together the sum of hereinafter mentioned as aforesaid, together
with the reasonable charges of taking and keeping the said distress, shall not be
paid, that then you do sell the said goods and chattels so by you distrained, and
out of the money arising by such sale thereof that you detain the said sum of
[the total] and also the reasonable charges of taking, keeping and selling the said
distress, rendering the overplus, on demand, unto the said A. B. And if no such
distress can be made, that then you certify the same unto us, to the end that
such further proceedings may be had therein as to the law doth appertain.
Given under our hands and seals this
in the year of our Lord
one thousand eight hundred and forty -, at N. in the county of C. aforesaid.
[Here specify the rates as in the information.]

day of

I. J. N. [or "C. D. assistant," or "one of the"] overseers of the poor of the Constable's within-named parish of D. maketh oath, this day of —, in the year of return. our Lord one thousand eight hundred and forty that he has used his best endeavours to levy the sum in the within named warrant, on the goods and chattels of the said A. B., but that no sufficient distress can be found whereon to levy the same.

Sworn before us, two of her Majesty's justices J. L. of the peace in and for the said county.

SJ. M.

J. N.

To the constable of the parish of D. and to the keeper of the common Commitment in gaol at C. in the said county.

County of C. to wit.

Whereas in and by the rate and assessment hereinafter mentioned made, assessed, allowed and published, according to the statutes in that case made and provided, bearing date the day and the year also hereinafter mentioned, A. B., an inhabitant and occupier of in the said parish of D., was duly rated and assessed for and towards the necessary relief of the poor of the said parish of in the sum of money also hereinafter mentioned: And whereas it duly appeared unto [the undersigned] J. S. and J. P., esquires, two of her Ma jesty's justices of the peace in and for the said county of C., as well upon the oath of C. D. [assistant] one of the overseers of the poor of the said parish of as otherwise, that the said sum ha been lawfully demanded by him, but that the said A. B. hath refused and doth refuse to pay the same: And whereas the said A. B. having been duly summoned to appear before two of her Majesty's justices of the peace for the said county of C. to show cause why he refused to pay the said rate and assessment, [but] the said A. B. did [not] appear according to such summons, [and or but] did not show sufficient cause why the same should not be paid: And whereas on the

66

day of

last, the two justices last named did issue their warrant to the churchwardens and overseers of the poor of the said parish of D. to levy the said sum of [here set out the sums separately, making together the sum of -] by distress and sale of the goods and chattels of the said A. B., and to apply the same according to law: And whereas it duly appears unto us the last named justices [or us J. L. and J. M., two of her Majesty's justices of the peace for the said county of C."] as well upon the oath of J. N. [or "the said C. D. assistant" overseer of the poor of the said parish of D. as otherwise that he has used his best endeavour to levy the said sum on the goods and chattels of the said A. B. as aforesaid, but that no sufficient distress can be had whereon to levy the same: These are therefore to command you the said constable of the parish of D. aforesaid, to apprehend the body of the said A. B. and him safely to convey to the common gaol at C. of and in the said county of C., and there deliver him to the said keeper thereof, together with this precept: And we do hereby command you the said keeper of the said common gaol to receive into your custody in the said common gaol the said A. B., there to remain

default.

7 & 8 Vict. c. 101, s. 32.

2 & 3 Will. 4, c. 120.

1 Vict. c. 36.

without bail or mainprize until payment of the said sum.
hands and seals the day of

Given under our -, in the year of our Lord one thousand eight hundred and forty, at N. in the county of C. aforesaid.

[Signatures and seals.]

By stat. 41 Geo. 3, c. 23, s. 2, a rate may be levied notwithstanding the party shall have given notice of appeal from such rate; provided, that from and after the giving of such notice no proceedings shall be commenced or carried on to recover any greater sum of money than the sum at which the same premises shall have been rated or assessed in the last effective rate collected in the parish, &c. If rate on appeal quashed, proceedings not to be commenced or continued (s. 3), see 12 J. P. 737.

Apportioning Rate, on Removal.] By sect. 12 of 17 Geo. 2, c. 38, after reciting that persons frequently remove out of parishes or places without paying the rates assessed on them, and other persons enter and occupy their houses and tenements part of the year, by reason where of great sums are annually lost to such parishes and places, enacts, "that where any person or persons shall come into or occupy any house, land, tenement or hereditament, or other premises, out of or from which any other person assessed shall be removed, or which at the time of making such rate was empty or unoccupied, that then every person so removing from, and every person so coming into or occupying the same, shall be liable to pay such rate in proportion to the time that such person occupied the same respectively, in the same manner and under the like penalty of distress as if such person so removing had not removed, or such person so coming or occupying had been originally rated and assessed in such rate; which said proportion, in case of dispute, shall be ascertained by any two or more of his Majesty's justices of the peace" (see Form of Summons, 6 J. P. 289; and 12 J. P. 735, 750).

Recovery of Balance found by Union Auditor.] The proceedings for recovery of sums certified to be due from overseers by poor law union auditors, are the same as penalties under ss. 99, 100 of 4 & 5 Will. 4, c. 76. See 11 J. P. 835, 853, Articles. 11 & 12 Vict. c. 91, s. 9, provides what shall be required to be proved by auditors before justices in order to recover the sums so certified.

POST HORSES.

Recovery of Duty.] Not exceeding 501. before one justice. Summons. Distress warrant on horses, &c. liable to such duty; in default of sufficient distress, imprisonment in common gaol or house of correction until duty and costs be paid (s. 85). Forms given by the act.

POST OFFICE.

Recovery of Postage.] Not exceeding 201. from any person, or from any deputy, agent or letter carrier, or any other person employed in receiving or collecting the postage of letters or any of the post office revenue, or from the sureties of any such last mentioned person, before one justice.

1

Summons. Distress warrant; in default of sufficient distress, imprisonment in the prison of the place until debt and expenses paid (s. 43). Forms given by the act.

Recovery of Postage of rejected Letters.] From the sender, as above 10 & 11 Vict. (ss. 12, 13, 14).

c. 85.

PRIZE FIGHTS.

A prize fight is a breach of the peace, and all persons present thereat, and who have gone there for the purpose of seeing it, are principals, and indictable (a) for a misdemeanor (R. v. Perkins, 4 C. & P. 537). Magistrates should cause the intended combatants to be brought before them, and bind them over to keep the peace till the next sessions or assizes (R. v. Billingham, 2 C. & P. 234). See "Sureties," post, p. 419.

RAILWAYS.

Appointment by Justices of Surveyor, &c.] On arrear of principal and 8 Vict. c. 16. interest due to mortgagee of company (s. 53), receiver of tolls to be

appointed by two justices on application of mortgagee (s. 54).

Upon application of promoters, two justices to nominate a surveyor to 8 Vict. c. 18. value lands belonging to parties who cannot be found (ss. 58, 59, 60).

Two justices to appoint surveyor to value lands purchased from parties

under disability (s. 9).

The like previous to entry of promoters before purchase (s. 85).

Apportionment of Rents.] Two justices to settle apportionment of copy

hold rents (s. 98).

The like of rent charge, &c. (s. 116).

The like of land subject to leases (s. 119).

Certificates.] Of one justice that definite portion of capital has been 8 Vict. c. 16. subscribed or paid up before borrowing money (s. 40).

Of two justices that whole of capital has been subscribed before com- 8 Vict. c. 18. pulsory powers of taking land put in force (ss. 16, 17).

Of two justices stating errors and omissions in plans and books of 8 Vict. c. 20. reference (s. 7).

Consents.] Of two or more justices in petty sessions assembled for the district, to alterations of levels of railways; fourteen days' notice of petty sessions (s. 11).

The like to railway being carried across highway on the level (s. 46); fourteen days' notice of petty sessions (s. 59).

Disputes as to Fences, Water Pipes, Occupation of Land, &c.] Two justices to decide disputes as to necessity for fences and gates to lands temporarily occupied (s. 40).

(a) Since 11 & 12 Vict. c. 42, they may be proceeded against by information and summons or warrant as in cases of felony.