penalty, forfeiture, or fine, and costs and expences aforesaid, and the same shall not be forthwith paid, or in case it shall appear to the satisfaction of such Justices, upon the confession of the offender, or otherwise, that he hath not sufficient goods and chattels whereupon such penalty, forfeiture, or fine, costs, and expences could be levied if a warrant of distress were issued, such Justices shall not be required to issue such warrant, but in such case such Justices are hereby required, by warrant under their hands, to cause such offender or offenders to be committed to the common gaol or house of correction of the county, riding, or place where the offender shall be or reside, there to be kept to hard labour, for any term not exceeding three calendar months, unless such penalties, forfeitures, and fines, and all reasonable charges attend

ing the same, shall be sooner paid and satisfied; and the Application of penalties and forfeitures, when so levied, shall be paid, the penalties, &c. one half to the informer, and the other half to the surveyor of the parish where such offence, neglect, or default shall happen, to be applied towards the repair of the highways thereof, unless otherwise directed by this Act; but in case the surveyor shall be the informer, then the whole shall be applied towards the repair of such highway (a).

(a) Form of information. Sched. No. 21.

BE it remembered, That on the

(to uit.) A. B. of

maketh oath before me

day of

in the said county, informeth and
one of His Majesty's Justices of
of

the Peace for the said county, that
in the said county, [here describe the offence, with the time and place, and
follow the words of the Act as near as may be,] contrary to the statute in the
fifth and sixth year of the reign of His Majesty William the Fourth,
intituled, "An Act," &c. [here set out title of Act,] which hath imposed a
forfeiture
for the said offence.

of His Majesty's Justices of the Peace for the said county, and informed

us, that E. F. of

now last past, at

on the

day of

in the said county, did [set forth the fact in the manner described by the Act], whereupon the said E. F., after being duly summoned to answer the said charge, appeared before us

on the

day of

Satisfaction

104. And be it further Enacted, That where

any distress recoverable for shall be made for any sum of money to be levied by virtue of special da

tress not

mage; but dis- this Act, the distress itself shall not be deemed unlawful, nor the party making the same be deemed a trespasser, on account of any default or want of form in any proceedings relating thereto, nor shall the party distraining be deemed a trespasser

unlawful for want of form in the proceedings.

This is to be inserted when the party refuses to appear upon the summons.

This is to be

inserted when the party accused confesses the charge.

This to be varied according to the Act in each particu

lar case.

in the said county, and, having heard the charge alleged against him,
declared that he was not guilty of the said offence; but the same being
fully proved upon the oath of G. H. a credible witness, it manifestly
appears to us the said Justices that he the said E. F. is guilty of the
offence charged upon him in the said information: It is therefore con-
sidered and adjudged by us the said Justices, that the said E. F. be con-
victed, and we do hereby convict him of the offence aforesaid; and we do
hereby declare and adjudge that he the said E. F. hath forfeited the sum
of
of lawful money of Great Britain, for the offence
aforesaid, to be distributed as the law directs, according to the form of the
statute in that case made and provided. Given, &c.

دو

[After the words, "being duly summoned to answer the said charge," insert "did not appear before us pursuant to the said summons,' or "did neglect and refuse to make any defence against the said charge;" but the same being fully proved, &c. as before.]

[After the words, "charged alleged against him," insert " acknowledged and voluntarily confessed the same to be true;" and it manifestly appears to us the said Justices, &c. as above.]

Form of warrant to distrain for forfeiture. Sched. No. 23.

To the constable [headborough or tithingman] of

(to wit.)
WHEREAS Á. B. of

in the said county [yeoman, &c.]
is this day convicted before us, two of His Majesty's Justices of the Peace
in and for the said county, upon the oath of Ű. H. a credible witness, for
that the said A. B. hath [here set forth the offence, describing it particularly in
the words of the Act, as near as may be]; contrary to the statute in that case
made and provided; by reason whereof the said A. B. hath forfeited the
sum of
to be distributed as herein is mentioned, which
he hath refused to pay: These are therefore in His Majesty's name to
command you to levy the said sum of
by distress of the
goods and chattels of him the said A. B.; and if within the space of four
days next after such distress by you taken, the said sum of

together with the reasonable charges of taking and keeping the same,
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 that you do pay
one-half of the said sum of
to E. F. of

who informed me of the offence, and the other half of the said sum of
to I. K. the surveyor of the parish [township or
place where the said offence [neglect or default] happened, to be employed
towards the repair of the said highways, returning the overplus, upon
demand, to him the said A. B., the reasonable charges of taking, keeping,
and selling the said distress being first deducted; and if sufficient distress
cannot be found of the goods and chattels of the said A. B. whereon to
levy the said sum of
that then you certify the same to

us, together with this warrant.

Given under our hands the

day of

C. D. E. F.

recover for irregularity if

ab initio on account of any irregularity which shall be afterwards done in making the distress, but the person aggrieved by such irregularity may recover full satisfaction for the special damage in an action on the case; Provided always, That Plaintiff not to no plaintiff shall recover in any action for any irregularity, trespass, or wrongful proceedings, if tender of sufficient tender of amends shall be made by or on behalf of the party who shall have committed or caused to be committed any such irregularity, trespass, or wrongful proceedings, before such action

Form of return of the constable to be made upon the warrant of distress when there are no effects. Sched. No. 24.

of

I, A. B., constable of the [parish, &c.] of

in the county

do hereby certify and make oath, That by virtue of this warrant I have made diligent search for the goods of the withinnamed and that I can find no sufficient goods whereon

to levy the within sum of

amends be

made.

As witness my hand the

day of

A. B.

Sworn before me the day and year, &c.

C. D.

Form of commitment for want of distress.

To the [constable] of

Sched. No. 25.

in the said county, and to

(to wit.) the keeper of the common gaol [or house of correction]

at WHEREAS A. B. of

day of

in the said county.

in the said county, yeoman, was
convicted before us, two of

on the
His Majesty's Justices of the Peace in and for the said county, upon the
oath of E. F. a credible witness, for that he the said A. B. [here set forth
the offence]; contrary to the statute made in the fifth and sixth year of
the reign of King William the Fourth, intituled "An Act," &c. [here set
out title of Act,] by reason whereof the said A. B. hath forfeited the sum
of
: And whereas on the
day of
in the year aforesaid we did issue our warrant to the [constable] of
to levy the said sum of

by distress and sale of the goods and chattels of him the said A. B., and to distribute the same according to the directions of the said statute: And whereas it duly appears to us upon the oath of the said [constable] that the said [constable] hath used his best endeavours to levy the said sum on th goods and chattels of the said A. B. as aforesaid, but that no sufficie distress can be had whereon to levy the same: These are therefore co command you the said [constable] of aforesai. to

apprehend the said A. B., and him safely convey to the common gai [or
house of correction] at
in the said county, an. there
deliver him to the keeper thereof, together with this precept: An. we do
hereby also command you the said keeper to receive and keep in your
custody, and to keep to hard labour, the said A. B. for th
unless the said sum shall be sooner paid. pursuant to
and warrant; and for so doing this nall be your
Given under our hands the

the said conviction

sufficient warrant.

space of

day

C. D.

E. F.

Appeal may be
made to quar-
ter sessions
against rate,
&c.

Notice in writing of intention to

appeal, with

brought; and in case no such tender shall have been made, it shall and may be lawful for the defendant in any such action, by leave of the court where such action shall depend, at any time before issue joined, to pay into court such sum of money as he shall see fit, whereupon such proceedings or orders and judgment shall be had, made, and given in and by such court as in other actions where the defendant is allowed to pay money into court.

105. Provided also, and be it further Enacted, That if any person shall think himself aggrieved by any rate made under or in pursuance of this Act, or by any order, conviction, judgment, or determination made, or by any matter or thing done, by any Justice or other person in pursuance of this Act, and for which no particular method of relief hath been already appointed, such person may appeal to the Justices at the next general or quarter sessions of the Peace to be held for the county, division, riding, or place wherein the cause of such complaint shall arise, such appellant first giving or causing to be given to the surveyor or surveyors, or to such Justice or other person by whose Act such person shall think himself aggrieved, notice in writing of his intention to bring such appeal, together with a statement in writing of the grounds of such appeal, within fourteen days after such rate shall have been made, or cause of complaint shall have arisen, and within four days after such notice entering into a recognizance before some Justice, with two sufficient sureties, conditioned to try such appeal at, and abide the order of, and pay such costs as shall be awarded by the Justices at such general or quarter sessions; and such Justices, upon hearing and finally determining the matter of such appeal, shall and may, according to their discretion, award such costs to the party appealing or appealed against as they shall think proper; and their determination in or concerning the premises shall be conclusive and binding on all parties to all intents and purposes whatsoProviso if not ever: Provided nevertheless, That in case there shall not be sufficient time. time to give such notice and enter into such recognizance as aforesaid before the next sessions to be holden after the

statement of grounds of appeal. Appellant to enter into recognizance,

&c.

appellant cannot be

making of any rate or the cause of complaint shall have arisen, then and in every such case such appeal may be made to the next following sessions, and shall be then heard and determined: Provided also, That it shall not be lawful for the ap- When pellant to be heard in support of such appeal, unless such notice and statement shall have been so given as aforesaid, nor heard in support of appeal, on the hearing of such appeal to go into evidence of any other &c. grounds of appeal than those set forth in such statement as aforesaid (a).

41 G. 3. c. 23. applicable to this Act.

106. And be it further Enacted, That in all cases of appeal Provisions of against the rate or assessment made in pursuance of this Act the several provisions and enactments contained in a certain Act made and passed in the forty-first year of the reign of His late Majesty King George the Third, intituled An Act for the better Collection of the Rates made for the Relief of the Poor, shall be applicable thereto, as if the same had been repeated and re-enacted in this Act with respect to such appeals (b).

(a) The latter part of this section is taken from the Poor Law Amendment Act, and will prevent the appellant from going into other grounds of appeal than those mentioned in the statement.

(b) By 41 Geo. 3, (U. K.) c. 23, s. 1. Upon all appeals from any rate or On appeal from assessment made for the relief of the poor of any parish, township, vill, any poor rate, or place, the court of general or quarter sessions of the peace shall, and the quarter session may such court is hereby authorized and required (in all cases where they shall amend it with.. see just cause to give relief) to amend such rate or assessment, either by out quashing it, inserting therein or striking out the name or names of any person or or if necessary to grant relief persons, or by altering the sum or sums therein charged on any person or may quash the persons, or in any other manner which the said court shall think neces- rate, but the sary for giving such relief, and without quashing or wholly setting aside sum assessed such rate or assessment: Provided always, that if the said court shall be shall notwithstanding be of opinion that it is necessary, for the purpose of giving relief to the per- levied and apson or persons appealing, that the rate or assessment should be wholly plied in satisfacquashed, then the said court may quash the same; but nevertheless, all tion of the next effective rate. and every the sum and sums of money in and by such rate or assessment charged on any person of persons, shall and may be levied and recovered by such ways and means, and in such and the same manner, as if no appeal had been made against such rate or assessment; and all and every the sum and sums of money which any person or persons charged in such rate or assessment shall pay, or which shall be levied upon or recovered from him, her, or them, shall be deemed and taken as payment on account of the next effective rate or rates, assessment or assessments, which shall be made for the relief of the poor of the same parish, township, vill or place.

Section 2, Enacts, That all and every the sum and sums of money at which Notice of appeal any person or persons is or are or shall be rated or assessed, in any rate shall not prevent