11 & 12 Vict. c. 123.

5 & 6 Will. 4, c. 62.

to the parish, &c. where premises situated; and where they exceed 20s., and the guardians, or a majority, if more than two guardians of such parish, &c., object in writing to the said expenses being so charged, then only upon an order in writing under the hands and seals of two justices, who are required to make such order upon application on behalf of such guardians.

Open Ditches adjoining Highways.] By s. 6, after reciting that the English Highway Act (5 & 6 Will. 4, c. 50 (s. 67)) empowers the surveyor and district surveyor, or assistant surveyor, to cleanse ditches, &c., and with a view to the more effectual removal of nuisances injurious to health, it was expedient that such surveyor, &c. should not only be empowered, but required to cleanse, scour and keep clear open ditches, &c. enacts, "that the said surveyor or district or assistant surveyor shall scour, cleanse and keep clear, or cause to be scoured, cleansed and kept clear, as far as may be practicable, all open ditches, gutters, drains and watercourses upon, adjoining or by or along the sides of any highway"(j); the sewage, &c. removed to be sold, and the proceeds applied towards the repair of the highway. The above provisions to be deemed part of the Highway Act.

ОАТН.

Declaration in lieu of.] As justices are frequently called upon to take declarations as to proof of age and other facts, it may be convenient and useful to give here the form of declaration in this act (s. 18); but an oath must not be administered (see Reg. v. Nott, 4 Q. B. 768; 7 J. P. 351):

I, A. B. [of the parish of in the county of —, farmer] do solemnly and sincerely declare that [here set out the facts required, for specimens of which, see "Formulist," pp. 470, 471]: And I make this solemn declaration conscientiously believing the same to be true, and by virtue of the provisions of an act made and passed in the sixth year of the reign of his late Majesty King William the Fourth, intituled An Act to repeal an Act of the present Session of Parliament, intituled An Act for the more effectual Abolition of Oaths and Affirmations taken and made in various Departments of the State, and to substitute Declarations in lieu thereof, and for the more entire Suppression of voluntary and extrajudicial Oaths and Affidavits,' and to make other Provisions for the Abolition of unnecessary oaths." A. B.

Made and subscribed at, in the county of

this day of -9 A. D. 1853, be

fore me,

J. S., one of her Majesty's justices

of the peace for the said county of

By s. 16 of the Evidence Act, 14 & 15 Vict. c. 99, "every court, justice, &c. &c. now or hereafter having by law or by consent of parties

(j) By sect. 20 of the 5 & 6 Will. 4, c. 50, the surveyor, &c. is liable to a penalty of not exceeding £5 for neglecting his duty in anything required of him (vide Offence 2, tit. Highways," ante, p. 206); s. 73, ante, p. 514, as to nuisances on a highway; and Offence 63, ante, p. 218, under s. 72, for suffering filth to flow on a highway; vide also " Turnpike Roads," Offence 70, ante, p. 318, for slaughtering beasts on road; Offences 80 and 81, ante, p. 320, for laying dung, &c., and suffering filth to flow; and Offences 94, 95, and 96, ante, p. 322, for not keeping ditch, &c. clean: not cleansing watercourses, or laying rubbish, &c. on road.

authority to hear, receive and examine evidence, is empowered to administer an oath to all such witnesses as are legally called before them respectively."

PAWNBROKERS.

To produce Books-Search for Goods illegally pawned.] Sect. 25 au- 39 & 40 Geo. 3, thorizes a justice on any information against a pawnbroker, or on any c. 99. dispute, or on any felony, to summon the pawnbroker to produce his books, &c. Sect. 13 authorizes one justice, on oath being made before him that goods have been unlawfully pawned, &c., to grant a warrant to search pawnbrokers' premises, and on goods being found, and the property of the owner made out, to cause the goods so found to be forthwith restored to the owner thereof. Sect. 12 is a like clause as to unfinished goods, &c. pawned. (Forms, Nos. 1-4, pp. 472, 473, "Formulist," and No. 5.) Under s. 24, award of satisfaction may be made to the party injured, when goods, by neglect, &c. are rendered of less value than when pawned.

Lost Duplicates, &c.] If duplicate lost, mislaid, destroyed or fraudulently obtained from the owner, and the goods remain unredeemed, pawnbroker to deliver to person representing himself as the owner a copy of note or memorandum so lost, &c., with the form of a declaration (a) of the circumstances, for which a fee is to be paid to the pawnbroker; the person then to prove his right to the property to the satisfaction of some justice of the county, &c. where goods pledged, and verify the declaration; whereupon the pawnbroker, on his having left with him the declaration, &c., may suffer the person to redeem the goods, &c. (s. 16).

POOR.

Appointment of Assistant Overseer.] Appointed by two justices in petty 59 Geo. 3, c. 12. sessions, on nomination of the inhabitants of the parish in vestry (s. 7). The appointment is exempt from stamp duty by the 4 & 5 Will. 4, c. 76, s. 86. (Form No. 1, p. 473, of "Formulist.") See 7 & 8 Vict. c. 101, s. 61, as to collectors of rates who are not appointed by justices, but by the poor law board on resolution of guardians, and s. 62 as to the vestry giving power to assistant overseers appointed before 9th August, 1844, to do all the duties of an overseer.

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 editions of the acts 9 & 10 Vict. c. 66 (the five years' act), 11 & 12 Vict. c. 111, and the Procedure Act of 11 & 12 Vict. c. 31 (b). Justices may summon witnesses to give evidence in settlement cases by virtue of 7 & 8

(a) This declaration would be in the form, tit. " Oath," p. 530. (b) By the 11 & 12 Vict. c. 31, s. 3, the clerk to the justices who shall make an order of removal is to keep the depositions on which the order is made, and, within seven days after application, furnish the guardians or overseers with a copy on payment of twopence per folio of 72 words.

4 & 5 Will. 4, c. 76.

43 Eliz. C. %, s. 7.

Vict. c. 101, s. 70 (15 J. P. 169). The maintenance due on an order of removal must be recovered within six calendar months (see 14 J. P. 715, 758; 16 J. P. 139). As to Scotch and Irish paupers, see 8 & 9 Vict. c. 117, s. 83, and 10 & 11 Vict. c. 33.

As to Relief.] By s. 54, one justice may order overseers in cases of sudden and urgent necessity to give temporary relief to poor persons in articles, and not in money, or for medical relief in cases of sudden and dangerous illness (Forms, Nos. 3, 4, p. 474, of “Formulist”), or to aged persons out of workhouse by two justices (s. 27); also in parishes not in unions by one justice, subject to the rules of the poor law commissioners (s. 52). Forms, Nos. 5, 6, 7, pp. 474, 475, of " Formulist."

Attaching Wages.] To repay relief granted by way of loan by summoning the master and the man, or man only (see ss. 58, 59), within six calendar months (11 & 12 Vict. c. 43, s. 11); recovered by distress as penalties, see tit. "Poor;" or against the man, under 59 Geo. 3, c. 12, s. 29 (not in unions), upon application within a year after the loan, and in default of payment imprisonment for not exceeding three calendar months, unless sooner paid. Forms, Nos. 8-15, pp. 475–478, of "Formulist." By 11 & 12 Vict. c. 110, s. 8, such relief may be recovered in the County Court.

Assignment of Pensions.] See 2 & 3 Vict. c. 51, ss. 3, 4. Forms (Nos. 16-18, pp. 478, 479, of "Formulist"), and Complaint and Order for Payment (Nos. 19, 20, pp. 479, 480, of "Formulist"); Certificate of Insanity of Pensioner under s. 5 (No. 21, p. 480 (Id.)).

Maintenance of Relations.] By this statute the father and grandfather, and the mother and grandmother, and the children of every poor, old, blind, lame and impotent person, or other poor person not able to work [and chargeable to the parish, &c.] being of sufficient ability, shall relieve and maintain every such poor person [as any two or more justices where any sufficient person shall dwell shall order (c), 59 Geo. 3, c. 12, s. 26], [on a complaint made within six calendar months, 11 & 12 Vict. c. 43, s. 11,] upon pain of forfeiting 20s. for every month which they shall fail therein, and costs under s. 18, ante, pp. 95, 96. The penalty is recovered by conviction (on an information made within six calendar months, 11 & 12 Vict. c. 43, s. 11), under 4 & 5 Will. 4, c. 76, s. 78, by distress, and in default imprisonment for not exceeding three calendar months, unless sooner paid (s. 99) (Forms of Complaint, Summons, Order and Statement of Offence for the Conviction, Nos. 22-25, pp. 481, 482, of “ Formulist"); or the defendant may be indicted for disobeying the order (Rer v. Robinson, 2 Burr. 799). By s. 8 of 11 & 12 Vict. c. 110, the guardians of any union may obtain orders of maintenance of poor persons chargeable on the common fund, in like manner as churchwardens and overseers may obtain same when chargeable to a parish.

(c) This order being for the payment of money, &c., is within Jervis's Act, 11 & 12 Vict. c. 43 (see ante, p. 48).

Maintenance of Lunatic Married Women.] By s. 5 of the 13 & 14 Vict. c. 101, it is enacted, that where any married woman shall be duly removed to any asylum, licensed house or registered hospital, under any of the statutes (d) in such behalf, any two justices having jurisdiction in the place wherein the husband of such lunatic shall dwell, upon application by or on behalf of the guardians of the union (e) or of the parish having a separate board of guardians, or the overseers of the parish to which union or parish respectively such lunatic shall be or become chargeable, may summon such husband to appear before them to show cause why an order should not be made upon him to maintain or contribute towards the maintenance of his wife in such asylum, licensed house or registered hospital; and upon his appearance, or in the event of his not appearing, upon proof of the service of such summons upon him, such justices [i. e. the same who issued the summons, 14 J. P. 572; 15 J. P. 823] may (if they think fit) make an order upon him to pay such sum, weekly or otherwise, for or towards the cost of the maintenance of such lunatic, as after consideration of all the circumstances of the case shall appear to them to be proper, and determine in such order how and to whom the payments shall from time to time be made, which order shall, if the payments required by it to be made be in arrear, be enforced in the manner prescribed by the 11 & 12 Vict. c. 43, for the enforcing of orders of justices requiring the payment of a sum of money [i. e. by distress, after a complaint of disobedience, summons and hearing, and in default of distress imprisonment for not exceeding three calendar months [without hard labour], unless the amount, costs of order, of distress and conveyance to gaol, be sooner paid (ss. 19, 22, ante, p. 114).

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 person 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). (Forms, Nos. 27—30, pp. 482, 483, of "Formulist.") As to recovery of parish school houses, see 4 & 5 Vict. c. 38, s. 18.

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)(ƒ). Forms of Orders,

p. 484, of "Formulist."

(d) See ante, tit. "Lunatics."

(e) Vide Note 172, ante, pp. 273, 274, as to the manner in which the guardians may depute one of their officers to prefer complaints.

per

(f) The practice adopted by some parish officers of making out a list of sons to be excused, and obtaining the signature of two justices thereto, is illegal, although done with a view of saving the poor persons the fees of the justices' clerk on each person's application (see Poor Law Commissioners' Report on Local Taxation, pp. 60, 61). The application of the party need not necessarily be made until the overseers attempt to enforce the rate (see 13 J. P. 158).

43 Eliz. c. 2.

17 Geo. 2, c. 38, s. 2; 50 Geo. 3,

c. 49, s. 1.

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

2 & 3 Will. 4, c. 120.

1 Vict. c. 36.

Allowance of Rates.] By two justices (s. 1). The allowance of a rate is a mere ministerial act (R. v. Justices of Dorchester, 1 Stra. 339), and hence they may sign separately; but they are bound to sign it if the declaration at the foot thereof required by the 6 & 7 Will. 4, c. 96 [and quære as well as the amended form in the poor law commissioners' order of accounts of 17th March, 1847], be signed by the overseers, for the justices may be compelled to do so (R. v. Lord Godolphin, 13 Law J. (N. S.) M. C. 57; and see Reg. v. Earl of Yarborough, 12 Ad. & El. 416). The form may be :

County of
to wit.

:

We, two of her Majesty's justices of the peace in and for the county of --) do consent and allow of the foregoing assessment. Witness our hands this day of —, 185-.

Overseers not accounting.] Churchwardens and overseers of parishes, not in unions, or any of them, refusing or neglecting to make or yield up, or to submit accounts, or to verify the same by oath, or to deliver over to successors, within ten days from the signing and attesting such accounts, any goods, chattels or things remaining in their hands, two or more justices may commit until he, she or they shall have made and yielded up such accounts, and verified same, or delivered over such goods, &c.; and for refusing or neglecting to pay to successors, within fourteen days from the signing and attesting accounts, the sums due, they may issue their warrant to levy same on the offenders' goods, and in default may commit him to gaol until payment. Where district auditors are appointed, the overseers neglecting or refusing to deliver over books, &c., are liable to be committed likewise until they do so (7 & 8 Vict. c. 101, s. 32).

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 s. 99 of 4 & 5 Will. 4, c. 76 (ante, p. 275, tit. "Poor," Offences 8-12). 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; and by 12 & 13 Vict. c. 103, s. 9, the auditor must commence such proceeding within nine calendar months from his disallowance or surcharge; or, in the event of an application by way of appeal against the same to the Court of Queen's Bench, or to the poor law board, from the determination thereupon.

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, and excepted from the operation of 11 & 12 Vict. c. 43, by s. 35, ante, p. 48.

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 re