is made in conformity with the order, and in good condition and repair; 5 & 6 Will. 4 such certificate is to be returned to the clerk of the peace and by him c. 50. inrolled amongst the records of the court of quarter sessions next after the order shall have been made (s. 91). Forms, Notice of Diverting, No. 7; Outline of Proofs, No. 9; Justices' Certificate of View, No. 10; Certificate that Road is completed, No. 11, pp. 439–441, of “ Formulist." Allowance of Rate.] By two justices (s. 27). The allowance and recovery are the same as a poor's rate, titles "Poor," and "Rates," post. Collector not paying over Monies.] By s. 38, every collector appointed by virtue of this act shall, at such time and in such manner as the surveyor may direct, pay all monies received by him as shall remain due from him to the said surveyor; and if he refuse or neglect to do so, upon complaint made by the said surveyor to any justice, such justice may issue a summons to appear before any two justices; and upon the said collector appearing, or having been so summoned and not appearing, without some sufficient or reasonable excuse, or not being found, it shall be lawful for the said two justices to hear and determine the matter; and if, upon confession of the party, or by the testimony of any credible witness on oath, it shall appear to such justices that any monies remain due from such collector, such justices may, and they are hereby authorized and required, upon nonpayment thereof, by warrant under their hands, to cause such money to be levied by distress and sale of the goods of such collector; and if no goods and chattels of such collector shall be found sufficient to answer and satisfy the said money and the charges of distraining and selling the said goods and chattels, then and in every such case such justices shall and they are hereby required to commit such offender to the common gaol or house of correction for the county, city or place where such offender shall be or reside, there to be kept to hard labour for a period not exceeding six calendar months, or until he shall have paid such monies as aforesaid, or compounded with the surveyor as aforesaid for such money; which composition the said surveyor, with the consent of the inhabitants in vestry, or, in any parish where they do not meet in vestry, with the consent of the inhabitants contributing to the highway rate at a public meeting assembled, is hereby empowered to make and receive. (Forms, Nos. 14-17, pp. 441, 442, of "Formulist.") By sect. 117 of the Public Health Act (1848), 11 & 12 Vict. c. 63, 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. INCLOSURES. Matters in relation to Inclosure.] Declaration of valuer before acting to 8 & 9 Vict. be made before any justice (s. 38). Form, No. 1, p. 443, “ Formulist." c. 118. Certificate of public roads and ways set out being sufficiently formed and completed, to be by two or more justices for the county, &c. in which lands to be inclosed shall be situate (s. 67). Form, No. 2, p. 443, of 8 & 9 Vict. c. 118 15 & 16 Vict. c. 79. 15 & 16 Vict. c. 31. "Formulist." Certificate of two justices of the election of field reeve (s. 117); order for compensation for rateable increase or diminution of rights (s. 119); recovery of expenses of exchanges and divisions (s. 151). Recovery of penalties or forfeitures imposed by commissioners or assistant commissioners before any two justices of the county not interested (s. 159). See 3 & 4 Will. 4, c. 35, s. 1, as to remedy for rates for the purposes of setting out and making roads, &c. The other acts relating to inclosures are 9 & 10 Vict. c. 70; 10 & 11 Vict. c. 111; 11 & 12 Viet. c. 99; and 12 & 13 Vict. c. 83. Obtaining Possession of Encroachments.] By s. 13, when any person, by whom any encroachment or inclosure, of whatever value, which under the 8 & 9 Vict. c. 118, shall be deemed to be parcel of the land subject to be inclosed, shall be actually occupied, shall neglect or refuse to quit and deliver up possession of the same, or any part thereof, to the valuer acting in the matter of the inclosure, within one calendar month next after the determination of claims under the said act, the possession may be recovered by such valuer, under the provisions of the 1 & 2 Vict. c. 74, in such and the same manner as if such occupier of an encroachment or inclosure were the tenant of a house, land or corporeal hereditament, the possession of which is recoverable under such last-mentioned act, whose term or interest had ended, and the valuer were the landlord of the said premises: provided always, that the form of notice of valuer's intention to apply to justices to recover possession, complaint before two justices, and warrant to peace officer to take and give possession, set forth in the schedule to this act, shall be substituted for the forms set forth in the 1 & 2 Vict. c. 74: the expenses incurred by the valuer to be deemed expenses in the matter of the inclosure. INDUSTRIAL, &c. SOCIETIES. Objects of] By s. 1 it shall be lawful for any number of persons to establish a society under the Friendly Societies Act, 13 & 14 Vict. c. 115, "for the purpose of raising by voluntary subscriptions of the members thereof a fund for attaining any purpose or object for the time being authorized by the laws in force with respect to friendly societies, or by this act (vide ss. 7, 11, 12), by carrying on or exercising in common any labour, trade or handicraft, or several labours, trades or handicrafts, except the working of mines, &c. out of the United Kingdom, and also except the business of banking anywhere; and the act is to apply to all societies already established for any of the purposes therein mentioned, so soon as they shall conform to the provisions thereof." Sect. 2 states what the rules of such society shall provide. By s. 5 awards of arbitrators may be enforced by County Courts, where sum, &c. in dispute is within its jurisdiction; where it exceeds such jurisdiction, then to be submitted to superior courts; and by s. 8 the laws applicable to friendly societies (for which see ante, tit. " Friendly Societies") are to be applicable to societies constituted under this act, except as varied by this act, or certified by the registrar of friendly societies to be inapplicable; but no such society to be within the provisions of the Joint-Stock Companies Act, 7 & 8 Vict. c. 110. LANDLORD AND TENANT. Recovering Possession of Tenements not exceeding £20 a Year Rent.] 1 & 2 Vict. By s. 1, when and so soon as the term or interest of the tenant of any c. 74. house, land or other corporeal hereditaments, held by him at will or for any term not exceeding seven years, either without being liable to the payment of any rent, or at a rent not exceeding the rate of £20 a year, and upon which no fine shall have been reserved or made payable, shall have ended, or shall have been duly determined by a legal notice to quit or otherwise, and such tenant or person occupying the same shall neglect or refuse to quit and deliver up possession, the landlord, or his agent, must serve a written notice [either personally, or on some person, or posted on the premises (s. 2)] of his intention to apply for a justice's warrant to recover possession. The landlord, or his agent, should then prefer the complaint to two justices acting for the district wherein the premises are situate, attaching to it a duplicate of the notice, and giving evidence of the holding and of the end or determination of the tenancy, &c., when the justices, or any two of them, may thereupon issue a warrant under their hands and seals to the constable to give possession not less than twentyone or more than thirty clear days from the date (s. 2). Execution of warrant to be stayed if tenant enters into a bond to appeal (s 4). Justices and constables protected (s. 5). Possession may be recovered in the County Court where the rent does not exceed £50 a year (9 & 10 Vict. c. 95, s. 122); and it has been said that the jurisdiction of justices under 1 & 2 Vict. c. 74, is taken away by the former act (see s. 6 of 9 & 10 Vict. c. 95, and 11 J. P. 237, 524) (a); but the opinion of Sir F. Thesiger and Mr. Gray is that it is not so (11 J. P. 335, 383); consequently, the proceedings where the rent is under £20 per annum may be taken under either act (Forms, Nos. 1-3, p. 444, of" Formulist"). No costs can be ordered under the act, and the 11 & 12 Vict. c. 43, s. 18, does not apply. c. 52. Giving Possession of Deserted Premises.] Vide the statutes, 2 Arch. 11 Geo. 2, c. 19; J. P. 49. Forms, Nos. 4-6, pp. 445, 446, of " Formulist." An order and 57 Geo. 3, of restitution may be made notwithstanding a judgment obtained in the County Court for the identical rent in arrear (In re Emmett, 14 J. P. 530, 717). Fraudulent Removal.] Goods may be seized within thirty days after 11 Geo. 2, c. 19. (a) The 9 & 10 Vict. c. 95, is not contrary to the 1 & 2 Vict. c. 74, nor are there any express negative words in the 9 & 10 Vict. c. 95, and therefore the new jurisdiction given by the 9 & 10 Vict. c. 95, does not repeal the 1 & 2 Vict. c. 74, so as to take away the jurisdiction of justices, but both statutes have a concurrent jurisdiction' up to £20 (see 1 Steph. Comm. 2nd ed. pp. 77, 78; 3rd ed. p. 78). The act 1 & 2 Vict. c. 74 is expressly recognized as still in force by the 15 & 16 Vict. c. 79, s. 13. Vide" Inclosures," ante, p. 516. 3 & 4 Will. 4, c. 90. rent due and removal, oath being first made to a justice having jurisdiction before entering a dwellinghouse by force to seize them (ss. 1, 2, 7). It is usual to take a complaint in writing, and to grant a warrant to aid and assist (Form, Nos. 7 and 8, pp. 446, 447, of " Formulist"); but the right to do the latter is very questionable (see 9 J. P. 819). LIGHTING AND WATCHING ACT. Appointment of Constables.] The constables under this act are appointed by the inspectors elected by the inhabitants in vestry (s. 39): but s. 42 authorizes any one justice [for the county, &c. in which the parish adopting the act may be situate (s. 77)] to administer the oath to all watchmen, sergeants of the watch and patrols, who are to have all the powers of constables. The form of oath will be the same as for parochial constables, ante, p. 481 (vide Form of Certificate of having taken the Oath, No. 1, p. 447, of "Formulist"). Vide s. 41 for the particular duties of constables under the act, in addition to the general duties which constables in general must perform. Allowance of Inspectors' Annual Accounts.] At each annual meeting the inspectors are to produce their accounts and vouchers of all monies received and paid by virtue of this act for the previous year; and a duplicate or copy of such accounts, verified on oath before any two justices [of the county, &c. in which the parish adopting the act is situate (s. 77)] by the said inspectors or any two of them, shall be deposited with the said inspectors, and shall be open at all reasonable times to the inspection of all parties interested (s. 19). Form No. 2, p. 447, of "Formulist." Recovery of Rates.] The same mode as for poor rates (s. 33), and sueceeding overseers to have the same powers of collecting, &c. as preceding ones, if same not levied previously (s. 35); see tit. “ Rates," post. (Vide adapted Form of Complaint, No. 3, p. 447, of “Formulist.") In Wilkinson v. Gray, 9 J. P. 71 (1845), it was held that in the case of a lighting rate under this act the justices were not protected against an action of trespass in issuing a distress warrant, unless the rate were actually good; justices are therefore entitled to require that all the formalities for making a legal rate should be duly proved (9 J. P. 274), for the protec tion given them by sect. 4 of the 11 & 12 Vict. c. 44, ante, p. 25, does not apply to rates levied under the 3 & 4 Will. 4, c. 90. The proofs necessary would be as follow (a), in addition to the usual proof of the making and allowance of the rate, its publication, the demand and nonpayment: 1. Application of three inhabitants to churchwardens to convene a meeting of the parish [or part of the parish (s. 73)];—when delivered to the churchwardens;-the notice calling the meeting, and its publication in proper time (s. 5). 2. The Meeting (ss. 6, 7). Majority of two-thirds of votes present (a) Reference must be made to the sections stated for further particulars. to determine adoption of the act (ss. 8, 16). Those present and tion of voters present (s. 14; and see ss. 6, 20). 3. Amount fixed to be raised in the year (s. 9). 4. The persons elected inspectors (s. 17). Qualifica 5. Notice of the adoption of the act, and publication thereof (s. 15). 6. Minutes of inspectors' meeting ordering amount to be levied by overseers (s. 32; and see ss. 30, 36). Service of inspectors' order on overseers. Recovery of Inspectors' Order from Overseers (a).] In case the amount directed by the inspectors' order (see s. 32) to be paid by the overseers shall not be paid to the treasurer within the time specified (see s. 36) for that purpose in the said order, any justice of the peace, upon complaint thereof made to him by the said treasurer, or by any one of the inspectors, may and he is hereby authorized and required to issue a summons under bis hand and seal for the said overseers, so refusing or neglecting [or the succeeding overseers to those upon whom the order was served (s. 35)] to pay such money as aforesaid, to appear before two justices of the peace [for the county, &c. in which the parish is situate (s. 77)]; and upon the said overseers appearing, or having been so summoned and not appearing, without some sufficient and reasonable excuse, or not being found, it shall be lawful for the said justices, and they are hereby required, in case the said money is not paid, to issue their warrant for levying the amount, or so much thereof as may be in arrear, by distress and sale of the goods of all or any of the said overseers; and in case the goods of all the overseers shall not be sufficient to pay the same, the arrears thereof shall be added to the amount of the next levy which shall be directed to be made in such parish for the purposes of this act, and shall be collected by the like method (s. 38). Vide Forms, Nos. 4-6, p. 448, of "Formulist." addition to the proofs enumerated supra, there should be proof of the appointment of the treasurer (ss. 24, 25), and of the nonpayment of the order by him (s. 38). In Treasurer and Officers neglecting to account, not rendering Account Books, &c., or not paying over Monies.] See s. 26, which is similar to clause s. 38 of the Highway Act, 5 & 6 Will. 4, c. 50, ante, p. 515. Vide "Formulist," p. 449, as to forms. LOAN SOCIETIES. Recovery of Notes not exceeding £15.] One justice may grant a sum- 3 & 4 Vict. mons, and award sum due to be paid to treasurer, with costs not exceed- c. 110 (b). (a) This case is not within the operation of Jervis's Act, 11 & 12 Vict. c. 43, so as to allow of its provisions, especially that in s. 11, limiting the time of making the complaint to six months, being applied to it (see 14 J. P. 309). (b) This statute, originally intended to be in operation for a year, has each |