7 & 8 Vict. c. 112.

persons, being assembled, immediately to disperse themselves, and peaceably to depart to their habitations or to their lawful business, upon the pains contained in the act made in the first year of King George, for preventing tumults and riotous assemblies. GOD save the king [queen]."

The exact form of the proclamation must be used, excepting of course the " queen" for the "king," although the statute says "words like in effect." Mr. Baron Vaughan and Mr Justice Alderson accordingly decided that the indictment must fail where "God save the King" was omitted (Reg. v. Child, 4 Car. & P. 442). And where the indictment, in setting out the proclamation, contained the additional words " of the reign of" after the words "first year," Mr. Justice Patteson held the variance fatal (Rex v. Woolcock, 5 Car. & P. 516; Wise's Work on Riots, 46). The military may be called upon by the magistrates to act, if it should be found necessary. For remedies against the hundred in case of damage by rioters, see ante, title "Hundred,” and for hindering the proclamation see title " Riot," ante, p. 468.

Alehouses may be closed by two justices during a tumult or riot, or which may be expected to take place (9 Geo. 4, c. 61, s. 20); and beerhouses by two justices if a tumult or riot be expected, or by one justice if a tumult or riot shall have happened (1 Will. 4, c. 64, s. 11). The order of the justices should be in writing, signed in duplicate (vide Forms, Nos. 2, 3, p. 493, of "Formulist").

SEAMEN.

Recovery of Wages where about to sail.] If after a seaman shall be discharged from any ship or vessel (a) three days, he shall be desirous of proceeding to sea on another voyage, and in order thereto, or for any other sufficient reason, he shall require immediate payment of the wages due to him, not exceeding £20, any justice of the peace, in any part of her Majesty's dominions, on application by such seaman, and on satisfactory proof that he would be prevented from employment or incur serious loss or inconvenience by delay, may summon the party or parties before him, and if it shall appear to the satisfaction of such justice that there is no reasonable cause for delay, he shall order payment to be made forthwith, and in default of compliance with such order, such master or owner shall, in addition to such wages, forfeit £5 (b) (s. 14).

Recovery of Wages in ordinary Cases.] In all cases of wages not exceeding £20, which shall be due and payable to a seaman for his services in any ship (a), any justice of the peace where or near to the place where the ship shall have ended her voyage, cleared at the custom house, or discharged her cargo, or near to the place where the master or owner upon whom the claim is made shall be or reside, upon complaint on oath by any such seaman or on his behalf, may summon such master or owner

(a) There is no restriction here as to the tonnage of the ship as in ss. 2, 3, of

the statute.

(b) Recovered as offences under title "Seamen," ante, p. 294.

before him to answer such complaint; and upon appearance, or in default thereof on due proof of his having been summoned (c), such justice may examine, on the oath of the parties and witnesses touching the complaint and the amount of wages due, and make such order for payment thereof, with the costs incurred by such seaman in prosecuting such claim, as to him shall appear reasonable and just; and if such order be not obeyed within two days, the justice (d) may issue his warrant to levy the amount by distress and sale of the goods of the party on whom the order shall be made, and in default of distress, the justice may cause the wages and expenses to be levied on the ship or tackle and apparel, or if the ship be not within his jurisdiction, he may commit the party to the common gaol, until the wages, and the expenses attending the recovery thereof, shall be paid (s. 15). The justices can only interfere on the personal application of the seaman, or some one on his behalf, and the statute does not extend to the administrator of a deceased seaman (Hollingsworth v. Palmer, 13 J. P. 553). Forms, pp. 493, 494, of "Formulist."

The Mercantile Marine Act, 1850 (13 & 14 Vict. c. 93) contains also many provisions as to seamen's wages, &c. (ss. 56, 57, 73, 81, 94, 108, 110, 114); and see also the Amendment Act, 1851 (14 & 15 Vict. c. 96).

SHIP'S PASSENGERS.

By sect. 62, licences to act as a passage broker, in respect of passages 15 & 16 Vict. from the united kingdom to any place out of Europe, and not being in c. 44. the Mediterranean Sea, may be granted by justices at a petty sessions where the person shall have his place of business (see the section for further information).

SURETIES (e).

For the Peace.] One justice, upon complaint on oath being made to him, that from threats, &c. used towards the complainant, he fears another person will do him some bodily injury, &c., may issue his warrant or summons (the service of which should be personal), if he thinks sureties ought to be given (see 5 Burn's Justice, title " Surety of the Peace," and 2 Arch. J. P. 541); but the complaint should be made shortly after the fray or cause of fear given (Dennis v. Lane, 6 Mod. 131); and it must not be a conditional or contingent threat on the complainant doing something which he had no right to do, or which it was not necessary for him to do in the course of his business; but if it is so necessary, then such a threat is cognizable by justices (Reg. v. Mallinson, 20 Law J. M. C. 33; 15 J. P. 66; see also Er parte Hulse, 15 J. P. 418). Mr. Archbold

(c) The service of the summons may be as provided by the 11 & 12 Vict. c. 43, s. 1, ante, p. 63.

(d) Any justice may adjudicate upon the complaint, and another enforce the order by distress (11 & 12 Vict. c. 43, s. 29, ante, pp. 75, 102).

(e) See ante, p. 492, as to applicability of Jervis's Act, c. 43, to these cases.

34 Edw. 3, c. 1.

says (vol. 2, p. 543); "Upon the party being brought before a justice, the complaint is read over to him, and he is asked if he have any cause to show why he should not give the required sureties. And here it is necessary to mention that the party complained of cannot be allowed to controvert the truth of the facts stated in the complaint (Lord Vane's case, 2 Str. 1202; R. v. Doherty, 13 East, 171); all he is allowed to do, is to show that the complaint is preferred from malice only (see R. v. Parnell, 2 Burr. 806), or explain any parts of the complaint that may be ambiguous (R. v. Bringloe, 13 East, 174, n.)." See R. v. Tregarthen, 5 B. & Ad. 678; R. v. Dunn, 12 A. & E. 599; R. v. Stanhope, id. 620. A verbal complaint will do, and even where the party is before the justice on another charge. (Form of Complaint and Warrant, Nos. 1, 2, "Formulist," p. 495.)

The recognizance may be either to appear at the sessions to answer the charge, and in the meantime to keep the peace; or for a definite period, as six months, a year, &c. (Prickett v. Gratrex, 15 L. J. M. C. 145; 8 Q. B. 1020). The justices should fix the sum, having regard to the condition in life of the parties and the circumstances of the case, or, as Williams, J., said in Prickett v. Gratrex, supra, “the nature of the commitment should at all times bear some relation to the quantity and quality of the offence." The parties bound must have notice of their recognizance signed by the justice. In default of finding surety, the party is committed to the common gaol [or house of correction, Ex parte Aston, B. R. 1844, 13 Law J. M. C. 52] for the time required, unless he in the meantime enter into recognizance with his sureties (Forms of Recognizances, &c. and Commitment, Nos. 3-5, p. 495, of " Formulist"); but it is not necessary to

mention in the commitment the sum for which the sureties are to be bound (Willes v. Bridger, 2 B. & Ald. 278; Prickett v. Gratrex, supra), though advisable to do so. No costs can be enforced against the defendant, that portion of the statute 18 Geo. 3, c. 19, which allowed of costs being ordered and recovered, being repealed by the 11 & 12 Vict. c. 43, s. 36 (ante, p. 46, note (b)), and the latter statute not being applicable to these cases, as neither a conviction nor an order is required to be made (see ante, p. 48); neither can the defendant be convicted of an assault as well (if one was committed at the time), against the complainant's protest (Reg. v. Deny, 20 Law J. M. C. 189; 15 Jur. 277; 15 J. P. 818).

Infants and wives must find security by their friends, and not be bound themselves. The defendant is not entitled to copies of the depositions taken in these cases (Ex parte Humphreys, 19 L. J. M. C. 189; 15 Jur. 608; 14 J. P. 440).

Discharge.] If after committal the party finds sureties (which he can do before any one justice of the county, &c.), a liberate may be granted, conditional upon his entering into his own recognizance at the gaol, if the recognizances of the sureties are taken at a distance from it (vide Form, No. 6, p. 496, of “ Formulist").

For good Behaviour.] Legal authorities are not agreed as to all the

offences for which this surety may be required or how the statute is to be
applied. Hawkins says (p. 486, 8th ed. by Curwood), "It seems the
better opinion, that no one ought to be bound to the good behaviour for
any rash, quarrelsome or unmannerly words, unless they either directly
tend to a breach of the peace, or to scandalize the government, by abus-
ing those who are intrusted by it with the administration of justice, or to
deter an officer from doing his duty; and therefore it seems, that he who
barely calls another rogue, or rascal, or teller of lies, drunkard, &c. ought
not for such cause to be bound to the good behaviour." The editor of
the last edition of Burn's Justice (29th ed. 1217, 1219), after citing the
34 Edw. 3, c. 1, the only statute on the subject, and the opinions of
several old writers, says,
"It is become difficult to define how far it shall
extend, and where it shall stop," and that in applying it justices" cannot
exercise too much caution and good advisement." Later, Mr. Archbold
(2 Arch. J. P. 4th ed. p. 542) says, that it is advisable for justices, even
at sessions, to refrain from acting under this statute of Edw. 3, "except
in cases where a man is convicted of some offence directly against the
peace, under circumstances from which it reasonably may be inferred
that he will be again guilty of the same or the like offence, as soon as he
has an opportunity, unless he be bound over to his good behaviour." (See
also Re Dunn, 10 L. J. M. C. 29; 12 Ad. & E. 599; 4 J. P. 728. Vide
Article, 16 J. P. 35.) In a recent case (Haylock v. Sparke, 17 J. P.
101), Lord Campbell is reported to have said, "Undoubtedly it appears
that mere insulting language, though contra bonos mores, is not such an
offence in respect of which justices would be authorized in taking secu-
rity and mainprize (Bagg's case, 4 Rep.); but, regarding the authorities,
beginning with the 34 Edw. 1; Hawk. P. C. L. c. 23; Com. Dig. "Forcible
Entry," L. 25; Dalton's J. P. c. 126; R. v. Shuckburgh, 1 Wils. 29;
R. v. Wilkes, 2 Wils. 151, we have come to the conclusion that cases of
aggravated defamation may well require sureties for good behaviour." See
a fuller report, 20 L. T. pp. 276, 277 (Q. B.)

How Recognizance forfeited, &c.] Vide 2 Arch. J. P. 545. For the mode of estreating, see ante, p. 68, note (m).

Surrender of Principal by Bail.] This, it appears, cannot be done in these cases like a recognizance for the party's appearance on a day certain (see 11 J. P. 748; 12 J. P. 616; 13 J. P. 227, 706).

TITHES AND RENT CHARGES.

53 Geo. 3, c. 127, s. 4.

Recovery of Tithes from other Persons than Quakers.] Tithes, which 7 & 8 Will. 3, have not been commuted for a rent-charge under the Tithe Commutation c. 6, ss. 1,6; Act, 6 & 7 Will. 4, c. 71 (for tithes commuted are recoverable by distress as rent in arrear (s. 81)), and not exceeding £10, are recovered before two justices in petty sessions, not interested in the tithe, if not paid within twenty days after demand, upon the complaint of the rector [or under 7 Geo. 4, c. 15, and 11 & 12 Vict. c. 43, s. 10, his attorney or agent, or lessee of the rector], made within two years after the tithes become due

and payable. The justices make an order, and the amount is recovered by distress, if not paid for the space of ten days and upwards; and in default of distress, a commitment to prison for not exceeding three calendar months, unless sooner paid (under 11 & 12 Vict. c. 43, sect. 19, ante, p. 117). Forms Nos. 1-3, pp. 496, 497, of "Formulist."

Recovery of Tithes from Quakers only.] These may be recovered to the extent of £50, and the proceedings are the same as those above shown, or as under tit. "Church Rates," ante, p. 498. Forms Nos. 9-12, p. 498, of "Formulist." Vide sect. 84 of 6 & 7 Will. 4, c. 71, as to recovery of rent-charges from Quakers.

Contribution to a Rent-Charge.] By sect. 16 it is enacted that in case any land charged with one amount of rent-charge shall belong to two or more landowners in several portions, and the owner of any one of such portions, or his tenant, shall have paid the whole of such rent-charge, or any portion thereof greater than shall appear to him to be his just proportion, and contribution thereto shall have been refused or neglected to be made by any other of the said landowners, or his tenaut, after a demand in writing made on them, or either of them, for that purpose, it shall be lawful for any justice of the peace acting for the county, or other jurisdiction in which the land is situated, upon the complaint of any such landowner, or his tenant or agent [made within six calendar months, 11 & 12 Vict. c. 43, s. 11], to summon the owner so refusing or neglecting to make contribution, or his tenant, to appear before any two or more such justices of the peace, who, upon proof of the demand and of service of the summons, whether or not the party summoned shall appear, shall examine into the merits of the complaint, and determine the just proportion of the rent-charge so paid as aforesaid, which ought to be contributed by the landowner of such other portion of the said land, and by order under their hands and seals shall direct the payment by him of what shall in their judgment be due and payable in respect of such liability to contribution, with the reasonable costs and charges of such proceedings, to be ascertained by such justices; and thereupon the complainant may enforce payment of the amount of contribution and costs by distress and entry (vide 6 & 7 Will. 4, c. 71, ss. 81-85), but with the restriction to two years' arrears. The demand must be served upon any person occupying or residing on the land, or in case no person shall be found thereon, then affixing same on some conspicuous place on the land (s. 17). The service of the summons would be as ante, p. 63, and the other proceedings to the hearing the same as under Jervis's Act, c. 43.

Forms.] Complaint, Summons and Order, Nos. 13-15, pp. 498, 499, of "Formulist."

4 Geo. 4, c. 95.

TURNPIKE ROADS.

Recovery of Possession of Toll Houses.] By sect. 49, on the death, discharge or absconding of any collector or receiver of tolls, or his wife, widow or children, refusing to quit for three days after demand in writing,