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Justice of the Peace,
BY RICHARD BURN, LL.D. FORMERLY CHANCÉLLOR OF THE DIOCESE OF CARLISLE.
A NEW EDITION:
WITH CORRECTIONS AND ADDITIONS TO THE LATEST PERIOD.
VOL. III. (CRIMINAL LAW), AND VOL. IV. (POOR),
BY THOMAS D'OYLY,
SERJEANT AT LAW.
THE REST OF THE WORK
BY EDWARD VAUGHAN WILLIAMS,
BARRISTER AT LAW.
Dr. Burn has great merit: He has done great service, and deserves great commendation.- Per Lord MANSFIELD C.J.
Burr. S. C. 548.
IN FIVE VOLUMES.
PRINTED FOR T. CADELL;
J. G. & F. RIVINGTON;
THE NEW EDITION.
In presenting to the public a new edition of this work, many observations cannot be called for: the great changes which have taken place, not only in those departments of Criminal Law to which the attention of Justices of the Peace must necessarily be directed, but also in the administrative functions (if they may be so termed) which they are required to discharge within their respective districts, shew that an edition inserting the latest statutes and most recent decisions, and omitting the matter that has been superseded, will be neither superfluous nor out of place.
In one particular a considerable alteration, and, it is hoped, a more convenient arrangement, has been adopted:— the Criminal Law has now been collected into one volume, forming the third of this edition. A like plan had before been followed in respect to the various titles relating to the Poor : by placing these together, in the same volume, instead of their being scattered throughout different parts of the work, it seems to have been generally acknowledged that much advantage was gained, and that the law was thus presented in a more commodious form for being referred to and consulted. The volume comprising the subject of crime has been here compiled upon the same principle, and is intended to contain all that bears the character of crime, and all matters connected with it. In forming the order of the different titles of crime, the alphabetical arrangement has been observed, and they will be found to follow each other under the same heads and in the same consecutive method as in prior editions. In some respects, perbaps, and with reference to the subject-matter in a legal point of view, it might appear somewhat more regular to have made a different disposition: thus Arrest, Examination, Bail, Commitment, being of a connected class, might have been placed consecutively; and the same may be said of Rescue, Escape, and Prison-breach, as well as of some other titles. It has been considered, however, advisable to preserve former land-marks, and not to deviate from the order to which the readers of Burn have been accustomed ; and, generally, the ancient classification has been scrupulously adhered to, except where the introduction of new matters made some change necessary, or where some slight alteration of arrangement was evidently conducive to a clearer view of the subject.
It has been deemed desirable, wherever it was practicable, to give the statutes in their entire form ås much as possible, and thus present at once the whole of the enactments together, rather than give references to the respective sections in different places ; and where a short enactment of frequent use and application might fitly be considered as belonging to more titles than one, it has been printed, without hesitation, in each.
Several crown cases, being recent decisions of the judges on points of criminal law, reserved from the assizes and from the Central Court, which have not before appeared in print, and which have been obligingly furnished from correct and authentic sources, will be found in this edition: and it will add a value to those which appear under the name of Sir John Bayley (late Baron of the Exchequer), to state that they are given in the succinct and perspicuous language used by himself in the notes le nrade of the respective cases.
The Editors have endeavoured to pay every attention to accuracy, but that some errors should have found their way into so extensive a compilation they feel to be inevitable.
It may not be misplaced to suggest that the Addenda subjoined to any of the volumes, consisting, for the most part, of statutes and decisions made while the sheets were passing through the press, comprise the latest law upon the subjects to which they refer, and are consequently entitled to particular attention.
THE FIRST EDITION.
The Author proposeth in this book to render the laws relating to the subjects it treats of, a little more intelligible than hath hitherto been done.
The method he makes use of is various. The first thing regarded is the order of time. Thus, in the poor laws: first is set forth the appointment of overseers ; next the several branches of their duty, in finding settlements for the poor in removing them to such settlements in making rates for their relief - in relieving and otherwise ordering them
and, last of all, in accounting at the expiration of their office. — Then again, in treating of settlements, it occurs, to consider distinctly, and as near to the said order as may be, ten different kinds of settlement — by birth by the parents' settlement - by apprenticeship by service
by marriage by inhabiting forly days after notice - by paying parish rates by serving a parish office by renting 101. a year and by a person's own estate. In like manner, in treating of the rates, first is set forth the course of laying the assessment then the allowance thereof by the justices publishing the same in the church appeal against the rates at the sessions - levying the same by distress and finally, commitme: where no distress can be had. 1. Thus, to exhibit another instance - In the article of the Woollen Mamifacture, which makes up a considerable part of the justice of the peace his duty,