day of was on the convicted before us, two of 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 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 the year of our Lord day of in C. D. E. F. [The six preceding Forms referred to in sec. 101 and 103.] 110 POOR RATE. ABSTRACT OF THE STATUTE Section 1 provides that the quarter sessions on appeal against a poor rate may amend it without quashing it: but if it be requisite that it should be quashed, that the sums assessed shall nevertheless be levied, and applied in discharge of the next effective rate. 2. Provides on a notice of appeal, no greater sum shall be proceeded for than was assessed in the last effective rate. 3. Enacts that the sessions, on quashing a rate, may order the sum charged on any person not to be paid; but that no person acting in the recovery thereof shall be deemed a trespasser for any act done before notice of such order. 4. Requires a notice of appeal to be in writing, and to specify the grounds of appeal. 5. Allows appeals to be heard by consent without due notice. 6. Requires the notice to be given to the persons interested as well as to the overseers, and authorizes the court to insert or strike out names, or to alter the sums. 7. Authorizes the recovery of the sums inserted or increased. 8. Provides that the sessions shall order the repayment of sums paid by parties whose names are struck out of the rate. or whose assessments are reduced. 9. Provides for the reimbursement of overseers by their suc cessors. 111 41 GEO. III. Cap. 23. An Act for the better Collection of Rates made for the Relief of the Poor. [PASSED 18TH APRIL, 1801.] WHEREAS by an Act of Parliament made and passed in the seventeenth year of the reign of his late Majesty King George the Second, intituled, An Act for remedying some Defects in the Act made in the forty-third year of the reign 17 Geo. II., of Queen Elizabeth, intituled, An Act for the c. 38, s. 6. Relief of the Poor, power was given to justices of the peace, upon appeals from rates and assessments, where they should see just cause to give relief, to amend the same in such manner only as should be necessary for giving such relief, without altering such rates or assessments with respect to other persons mentioned in the same: and whereas the quashing or setting aside of rates or assessments made for the relief of the poor is attended with great inconvenience, and it hath happened, in consequence of the rate or assessment being quashed or set aside, or of notice of appeal against the whole rate being given, the churchwardens and overseers of the poor have not had any money in hand for the relief and maintenance of the poor: For remedy whereof be it enacted, On appeal that from and after the passing of this Act, all appeals from any rate or assessment for the relief of the poor of any parish, ship, vill, or place, the court of general or quarter without sessions (a) of the peace shall, and such court is from any upon poor rate, made the quarter town- amend it (a) See the provision in the 6 and 7 Wm. IV. c. 96, ss. 6 and 7, which enables appeals, in certain cases, to be tried at special sessions. sessions may quashing it, or, if ne cessary, to grant relief, the sum notwithstanding be levied. hereby authorized and required (in all cases where may quash they shall see just cause to give relief) to amend the rate, but such rate or assessment, either by inserting therein assessed shall or striking out the name or names of any person or persons, or by altering the sum or sums therein charged on any person or persons, or in any other manner which the said court shall think necessary for giving such relief, and without quashing or wholly setting aside such rate or assessment: Provided always, that if the said court shall be of opinion that it is necessary, for the purpose of giving relief to the person or persons appealing, that the rate or assessment should be wholly quashed, then the said court may quash the same; but nevertheless, all and every the sum (a) and sums of money in and by such rate or assessment charged on any person or 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 payments 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. Notice of appeal not to prevent distress being made for the 2. And be it further enacted, That from and after the passing of this Act all and every the sum and sums of money at which any person or persons recovery of is, or are, or shall be rated or assessed, in any the rate, pro- rate or assessment made for the relief of the poor sum be not of any parish, township, vill, or place, shall and that assessed may be levied and recovered by distress, and all other lawful ways and means, notwithstanding the vided the greater than in the last (a) See the next clause rate. person or persons so rated or assessed, or any other effective person or persons, shall have given notice of appeal from or against such rate or assessment for any cause whatsoever: Provided always, that if any person rated or assessed in any rate or assessment made for the relief of the poor, shall give such notice of appeal as hereinafter mentioned to the churchwardens and overseers of the poor of any parish, township, vill, or place, or any two of them, then, from and after the giving of such notice, and until the appeal shall have been heard and determined, no proceedings shall be commenced or carried on to recover any greater sum or sums of money from such person or persons, than the sum or sums at which he, she, or they, or any occupier of the same premises, shall have been rated or assessed in the last effective rate which shall have been collected in such parish, township, vill, or place. any ordered a quashed, may order charged on not to be paid, and ceedings for 3. And be it further enacted, That in case the Quarter sessaid court of general or quarter sessions of the sions having peace shall, upon appeal, order any rate or assess- rate to be ment for the relief of the poor to be quashed, it shall be lawful for the said court to order that the sum sum or sums of money, in and by such rate or any person assessment charged on any person or persons, or any part of any such sum or sums not to be paid, stop proand then and in every such case no proceedings the recovery shall, after making such order, be commenced; thereof, &c. or if any proceedings have been previously commenced, such proceedings shall be no further prosecuted or carried on for the purpose of levying or enforcing the payment of any sum or sums which shall be so ordered by the said court not to be paid as aforesaid: Provided always, that no justice of the peace, constable, or other officer of the peace or other person, shall be deemed a trespasser, or liable to any action for any warrant, |