turn can be conveniently made to such warrant of distress, unless the offender or offenders shall give sufficient security, by way of recognizance or otherwise, to the satisfaction of such justices for his or their appearance before them on such day as shall be appointed for the return of such warrant of distress, such day not being later than seven days from the time of taking such security, or in case it shall appear to the satisfaction of such justices, either by the confession of the offender or otherwise, that he hath not goods or chattels within the jurisdiction of such justices sufficient whereon to levy all such penalties, &c. and such justices may at their discretion, without issuing any warrant of distress, commit the offender for such period of time, and in such and like manner, as if a warrant of distress had been issued, and nulla bona returned thereon ; but if a warrant of distress shall be issued, and upon the return thereof it shall appear that no sufficient distress can be had whereon to levy the said penalty, &c. 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, &c., 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 shall by warrant under their hands, 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 penlties, &c. shall be sooner paid and satisfied; and the penalties and forfeitures, when so levied, shall be paid, the one half to the informer, and the other half to the surveyor of the parish where such offence 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. Id. s. 103.

The following is the form of the warrant of distress, &c. :

Warrant to distrain for the forfeiture.

of·

To the constable [Headborough or Tithingman] (to wit.) Whereas A. B. of - in the said county [yeoman, &c.] is this day convicted before us, two of Her Majesty's justices of the peace in and for the said county, upon the oath of G. 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 Her 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 1. 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

C. D.

E. F.

Return of the constable to be made upon the warrant of distress, when there are on effects.

in the county

1, A. B., constable of the [parish, &c ] of · of- do hereby certify and make oath, that by virtue of this warrant I have made diligent search for the goods of the within-named and that I can find no sufficient goods whereon to levy the within sum of· As witness my hand the day of

Sworn before me the day and year, &c.

(to wit.)

ness,

C. D.

Commitment for want of distress.

A. B.

To the [constable] of in the said county, and to the keeper of the common gaol [or house of correction] at in the said county. Whereas A. B. of in the said county, yeoman, was on the day of convicted before us, two of Her Majesty's justices of the peace in and for the said county, upon the oath of E. F. a credible witfor 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," [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 the goods and chattels of the said A. B. as aforesaid but that no sufficient distress can be had whereon to levy the ·`same: these are therefore to command you the said [constable] of aforesaid to apprehend the said A. B., and him safely convey to the common gaol [or house of correction] at

in

the said county, and there deliver him to the keeper thereof, together with this precept; and 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 the space of unless the said sum shall be sooner paid, pursuant to the said conviction and warrant; and for so doing this shall be your sufficient warrant. Given under our hands the in the year of our Lord.

day of

C. D.

E. F.

Appeal.] 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 justi ces 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 to the surveyor 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 be made or cause of complaint shall arise, 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, may, according to their discretion, award such costs to the party appealing or appealed against, as they shall think proper; but in case there shall not be time to give such notice and enter into such recognizance before the next sessions, then 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 appellant to be heard in support of such appeal, unless such notice, and statement shall have been so given as aforesaid, nor on the hearing of such appeal to go into evidence of any other grounds of appeal than those set forth in such statement. Id. s. 105.

And in all cases of appeal against the rate made in pursu ance of this Act, the several provisions and enactments contained in stat. 41 Geo. 3, c. 23, relative to poor rates, shall be applicable thereto, as if the same had been repeated and reenacted in this Act. Id. s. 106.

But no rate, nor any proceeding to be had touching the conviction of any offender against this Act, or any order made, or any other matter or thing done or transacted in or relative to the execution of this Act, shall be vacated or quashed for want of form, or be removable (except as herein mentioned) by certiorari, or any other writ or process whatsoever, into any of His Majesty's courts of record at Westminster. Id. s. 107.

Special case.] In any case of appeal, however, the court of quarter sessions may, if they think fit, state the facts specially for the determination of the court of King's Bench thereon, in which case it shall be lawful to remove the proceedings, by writ of certiorari or otherwise, into the said court of King's Bench. Id. s. 108.

Fees of clerks of the peace, clerks to justices, &c.] The several fees hereafter limited and expressed, and no others, shall be taken by the clerk of the peace, clerk to the justices, or others, for their several respective services in the execution of this Act; (that is to say,) the sum of 6d. for every information; the sum of 1s. for every summons or warrant, and 6d. for the service thereof; the sum of 6d. for every notice, and 6d. for the service thereof; the sum of 1s. for every order, and 6d. for the service thereof; the sum of 2s. for every warrant of distress; the sum of 1s. for every appointment; and the sum of 28. for every conviction: provided always, that in no place regulated by a local act of parliament, when the amount of the fees to be taken by the clerk to the justices, or others, in any proceeding for the recovery of any rate, shall be less than the fees herein-before mentioned, shall it be lawful for such clerk to the justices or others to demand or take a greater fee for any similar proceeding under this Act than the fee which may be mentioned or directed to be taken by such local act. Id. s. 110.

Actions against justices, &c.] No action shall be commenced against any person, for any thing done in pursuance of or under the authority of this Act, until twenty-one days' notice has been given thereof in writing to the justice, surveyor, or person against whom such action is intended to be brought; nor after sufficient satisfaction or tender of satisfaction has been made to the party aggrieved, nor after three calendar months next after the fact committed for which such action or suit shall be so brought; and every such action shall be

brought, laid, and tried where the cause of action shall have arisen, and the defendant in such action or suit may plead the general issue, and give this Act and every special matter in evidence at the trial; and if the matter or thing shall appear to have been done under or by virtue of this Act, or if it shall appear that such action or suit was brought before twenty-one days' notice thereof given as aforesaid, or that sufficient satisfaction was made or tendered as aforesaid, or if any action or suit shall not be commenced within the time before limited, or shall be laid in any other county than as aforesaid, then the jury shall find a verdict for the defendant therein; and if a verdict shall be found for such defendant, or if the plaintiff be nonsuit, or discontinue, or if upon demurrer judgment shall be given for the defendant, such defendant shall have costs as between attorney and client, and shall have such remedy for recovering the same as any defendant may have for his or her costs in any other case by law. Id. s. 109.

HIGHWAYS (Turnpike roads.)

Besides the local acts of parliament, under which most of the turnpike roads throughout the country have respectively been made and are managed, there is one public and general act, (3 Geo. 4, c. 126), applicable to all, (Id. s. 4), the several provisions of which, as far at least as they relate at all to the duties of a justice of peace, we shall notice under this head. This Act, however, does not extend to the commercial road, or the several branches leading out of the same; Id. s. 149; or to the road from Shrewsbury to Bangor Ferry, or from London to Bangor by Shrewsbury, or from London to Holyhead by Chester; 4 G. 4, c. 95, s. 91; or to the road from Carlisle to Glasgow. 3 G. 4, c. 126, s. 150. 9 G. 4, c. 77, s. 20. By 3 G. 4, c. 126, all former general acts upon the subject are repealed. Id. ss. 1, 2, 3. It may be useful also to remark, that all acts relating to turnpike roads, expiring on the 1st June, 1839, are continued until the 1st June, 1840, and thence to the end of the then session of parliament, by stat. 1 Vict. c. 68.

propose to arrange the different sections of the statute, under the following heads :

Trustees, p. 526.

Making and repairing roads, p. 526.

Gates, toll houses, &c., p. 528.

Tolls, p. 530.

Mile stones and direction posts, &c., p. 538.

Regulations as to waggons, &c., p. 538.