asserting his right to the office of clerk to the chapel, Id., or the like. If two or more be jointly indicted, each is subject to the full penalty. Id. There is a similar provision, as to Roman Catholic congregations, in stat. 31 G. 3, c. 33, s. 10. Commitment:-on -- at - did willingly, and of purpose, maliciously and contemptuously come into a certain congregation of Protestant Dissenters, then and there assembled for the worship of Almighty God, in a certain meeting-house there situate, then and long before certified, registered, and recorded, according to the direction of the statute in that case made and provided, and did then and there wilfully, willingly, and of purpose, maliciously and contemptuously disquiet and disturb the said congregation, the doors of the said meeting-house, where the said congregation were so assembled, not being then locked, barred, or bolted. And you the said keeper" &c. DISTRESS. 1. Fraudulently removing goods, to avoid a distress for rent. 2. Costs of a distress, p. 324. 3. Distress upon a conviction; see-"Conviction," ante, p. 282. 1. Fraudulently removing goods, to avoid a distress for rent. Landlord's remedy.] "If any tenant, lessee for life or years, at will, sufferance or otherwise, of any messuages, lands, tenements or hereditaments, upon the demise or holding whereof any rents are reserved, due or made payable, shall fraudulently or clandestinely convey away, or carry off or from such premises, his goods and chattels, to prevent the landlord or lessor from distraining the same for arrears of rent so reserved, due or made payable": the landlord within thirty days may seize them as a distress wherever he shall find them, 11 G. 2, c. 19, s. 1, unless they have been bona fide sold, Id. s. 2, or given to a creditor for a bona fide debt; Bach v. Meats, 5 M. & S. 200; and if it be necessary to break open any door, in order to seize them, the landlord in the day time may do so, first calling to his assistance the constable or other peace officer of the hundred, parish or place where the goods are concealed, and, in the case of a dwelling-house, oath being first made before a justice of the peace, of a reasonable ground to suspect that such goods are therein. 11 G. 2, c. 19, s. 7. Also the landlord may, in an action of debt, recover from the tenant, or any persons who may have wilfully and knowingly assisted him, double the value of the goods carried off or concealed. Id. s. 3. 番 The statute does not apply to cases, where the removal or concealment is before the rent becomes due, although done evidently for the purpose of defeating the landlord's remedy by distress. Watson v. Main, 3 Esp. 15. Furneaux v. Fotherby, 4 Camp. 136. Nor does it apply to the removal of the goods of a stranger. Thornton v. Adams, 5 M. & S. 38. But where the goods or chattels of the tenant are removed off the premises after any rent becomes due and is unpaid, the statute attaches, if the removal were either frudulent, or clandestine. Opperman v. Smith, 4 D. & R. 33. What removal is fraudulent or clandestine, is matter of evidence: fraud may be implied, from proof that the goods were removed with the intent of depriving the landlord of his remedy by distress, no sufficient quantity of goods for that purpose being left upon the premises. See Parry v. Duncan, 7 Bing. 243. John v. Jenkins, 3 Tyr. 170. The statute also extends only to cases where the landlord would be entitled to his remedy by distress at common law, independently of all covenant or stipulation upon the subject: and therefore where a man having a term in lands, parts with the whole of it to a tenant, reserving a rent, he is not within the protection of the statute, although by the deed between them a power of distress be expressly given to him. See Pluck v. Digges, 2 Dow. & C. 180. How, where the goods do not exceed £50.] But where the value of the goods and chattels, so fraudulently or clandestinely carried off or concealed, shall not exceed £ 50, the landlord, or his bailiff, servant or agent, may exhibit a complaint in writing, before two justices of the peace of the county &c., and residing near the place, from which such goods were removed or where they were found, (see R. v. Morgan, Cald. 156), not being interested in the lands or tenements from which the same were removed; who may summon the parties concerned, examine the fact, and all proper witnesses upon oath, and in a summary way determine whether the party complained of be guilty of the offence, and may in like manner enquire into the value of the goods; and upon full proof of the offence, such justices, by order under their hands and seals, shall adjudge the offender or offenders to pay double the value of the said goods and chattels to such landlord, his bailiff, servant or agent, at such time as the said justices shall appoint; and in default of payment, the justices may cause the same to be levied by distress; or for want of distress, they may commit the offender to the house of correction, there to be kept to hard labour for six months, unless the money be sooner paid or satisfied. 11 G. 2, c. 19, s. 4. See The complaint in this case may in fact be made to one justice, and he may issue the summons; 3 G. 4, c. 25, s. 2. ante, p. 264; but the case must be heard before two justices, and the order must be made by them. The order may be in the following form: Berkshire, to wit: Whereas A. B. of - farmer, stands duly charged before us, J. P. & R. S. esquires, two of Her Majesty's justices of the peace in and for the said county, residing near the place [whence the goods and chattels hereinafter mentioned were removed, or, where the goods and chattels hereinafter mentioned were found], and not being interested in the lands and tenements whence such goods and chattels were removed, by C. D., bailiff of J. S. of in the said county, for that he the said A. B., on - at being then and there tenant from year to year to the said J. S. of a certain messuage and lands there situate, and being then indebted unto the said J. S. for certain arrears of rent reserved and then due and payable for the said messuage and lands, did fraudulently [and clandestinely] remove, convey away and carry off from the said premises divers of his goods and chattels, not exceeding the value of £ 50, to wit, of the value of £30, in order to prevent the said J. S., the landlord of the said premises from distraining for the said arrears of rent so due and payable as aforesaid; and whereas one C. D. of - labourer, and one E. F. of· yeoman, also stand duly charged before us, for that they the said C. D. & E. F., on the day and year aforesaid, at in the said county did wilfully and knowingly aid and assist the said A. B. in so removing, conveying away and carrying off the said goods and chattels [or in concealing the said goods and chattels so removed and conveyed away] from the premises aforesaid; against the form of the statute in such case made and provided. And the said A. B., C. D. & E. F. being duly summoned to appear before us in this behalf, now appear and are present accordingly [or as the fact may be]. We the said justices, thereupon, having now examined the fact, and all proper witnesses upon oath, do hereby determine that the said A. B. is guilty of the said offence so charged against him as aforesaid, and that the said C. D. & E. F. are also guilty of the offence so charged against them as aforesaid; and we the said justices, having enquired into the value of the goods and chattels so removed, conveyed away and carried off as aforesaid, do find that the value of the same was and is £30: Wherefore we the said justices do hereby order and adjudge the said A. B., C. D. & E. F. to pay unto the said J. S. or to his bailiff, servant or agent, the sum of £60 (being double the value of the said goods and chattels), on or before the day of instant. Given under our hands and seals, at ——— the day of, &c. See as to this order, R. v. Bissey, Sayer 304. It must appear upon the face of it, that the party complaining is the landlord, or his bailiff, servant or agent, and that the party who removed the goods or caused them to be removed was the tenant. R. v. Davis, 5 B. & Ad. 551. It need not, however, enumerate the goods removed. R. v. Rabbits, 6 D. & R. 341. The party may appeal against this order, to the next general or quarter sessions; 11 G. 2, c. 19, s. 5; and if he enter into recognizance with one or two sureties to appear at the sessions, &c. the order shall not in the mean time be executed. Id. s. 6. 2. Costs of a Distress. Where a distress is made for arrears of rent, [or for land tax, assessed taxes, poor's rates, church rates, tithes, highway rates, sewer rates, or any other rates, taxes, impositions or assessments whatsoever, 7 & 8 G. 4, c. 17,] not exceeding 201., the person making the distress or person employed by him shall not have, take or receive any other or more costs or charges for or in respect of the same than those set down in the schedule to the Act, 57 G. 3. c. 93, s. 1; and which are as follow: Levying distress Man in possession, per day Appraisement, whether by one broker or All expenses of advertisements, if any such, 0 10 0 very of goods, 1s. in the pound on the net produce of the sale. "If any person or persons whatsoever, shall in any manner levy, take, or receive from any person or persons whatsoever, or retain or take from the produce of any goods sold for the payment of such rent" [rates, taxes, &c. vide supra,]" any other or greater costs and charges than are mentioned and set down in the said schedule, or make any charge whatsoever for any act, matter or thing mentioned in the said schedule and not really done:" the party aggrieved may apply to a justice of the peace for the county, &c. in which the distress was made or proceeded in, for redress; and thereupon such justice shall summon the party complained of, shall examine into the matter of complaint, and hear the defence; and if it appear to him that the matter of complaint is true, he shall order and adjudge treble the amount of the monies so unlawfully taken, to be paid by the party so having acted to the party complaining, together with full costs; and in case of non-payment, the justice may forthwith grant his warrant to levy the same by distress; and if no sufficient distress, he may, "commit the party or parties to the common gaol 8. 2. or prison within the limits of the jurisdiction of such justice, there to remain until such order or judgment be satisfied, Id. Or if the justice find the complaint not well founded, he may order the complainant to pay costs, not exceeding twenty shillings. Id. No such order however shall be made against the landlord, for whom the distress was made, unless he shall have personally levied such distress. Id. The justice may summon witnesses, at the instance of either party; and if they do not appear, or refuse to be examined, they shall forfeit not exceeding forty shillings, to be recovered as above mentioned. Id. s. 3. The following forms are given by the statute: - and Form of the order, in favour of the complainant: In the matter af the complaint of A. B .against C. D., for a breach of the provisions of an act of the fifty-seventh year of His Majesty king George the Third, intituled an act [here insert the title of this act*] I, E. F., a justice of the peace for the county of acting within the division of· --, do order and adjudge that the said C. D. shall pay to A. B. the sum of, as a compensation and satisfaction for unlawful charges and costs levied and taken from the said A. B. under a distress for rent; and the further sum of for costs on this complaint. Form of the order, when the complaint is dismissed: same as the last form, to the words "do order and adjudge❞—that the complaint of the said A. B. is unfounded; [if costs are given] and I do further order and adjudge that the said A. B. shall pay unto the said C. D. the sum of· for costs. Stealing.] Stealing a dog, penalty, on summary conviction, not exceeding twenty pounds, over and above the value of the dog; second offence, imprisonment and hard labour for not more than twelve calendar months, and if the prisoner be a male, and the conviction be before two justices, they may further order that he be once or twice publicly or privately whipped. 7 & 8 G. 4, c. 29, s. 31. This section will be fully given under the title "Larceny," with the forms of conviction, &c. As to the punishment of persons having stolen dogs, or the skins thereof, in their possession, see the same title. "An Act to regulate the costs of distresses levied for payment of small rents." |