mons having been duly served upon the party or parties so summoned, every such justice shall issue his warrant under his hand and seal to bring such person before any such justice; and on the appearance of any such person before any such justice, every such justice shall examine him upon oath or affirmation; and if, on his appearance, or on being brought before any such justice, he shall refuse to be examined upon oath or affirmation concerning the premises, without offering any just excuse for such refusal, any such justice, within the limits of his jurisdiction, may, by warrant under his hand and seal, commit the person so refusing to the public prison of the city, county, division, liberty, or place in which the person so refusing to be examined shall be, there to remain for any time not exceeding fourteen days, with or without hard labour. Id. s. 21.

Penalties, how levied and applied.] All penalties by this Act imposed (the manner of levying and recovering and applying whereof is not herein otherwise directed,) shall be levied, together with the costs attending the information and conviction, by distress and sale of the goods and chattels of the party offending, by warrant under the hand and seal of the convicting magistrate; and in case such penalties shall not be forthwith paid upon conviction, then it shall be lawful for such magistrate to order the offender to be detained in custody until return can be conveniently made to such warrant of distress, unless the offender shall give sufficient security for his appearance on such day as shall be appointed for the return of such warrant of distress, such day not being more than seven days from the time of taking any such security; but if upon the return of such warrant, it shall appear that no sufficient distress can be had, then such magistrate shall, by warrant under his hand and seal, cause such offender to be committed to the common gaol or house of correction of the city, county, or place where the offender shall be or reside, there to remain without bail or mainprize for any time not exceeding one calendar month, with or without hard labour, (save and except as herein otherwise directed,) unless such penalties, and all reasonable charges attending the same, shall be sooner paid and satisfied. Id. s. 17.

And all penalties by this act inflicted, and the application of which is not hereinbefore directed, shall, when recovered or paid, go and be disposed of in manner following: (that is to say,) one moiety thereof, where any offender shall be convicted, either by his confession, or by the oath or affirmation of one or more credible witness or witnesses, shall go and be paid to the person who shall inform against and prosecute to conviction any such offender; and the other moiety thereof

(or in case there be no such person informing, then the whole thereof) shall go and be paid to some one of the overseers of the poor, or to some other officer, (as the convicting justice or justices may direct,) of the parish, township, or place in which the offence shall have been committed, to be by such overseer or officer paid over to the use of the general rate of the county, riding, or division in which such parish, township, or place shall be situate, whether the same shall or shall not contribute to such general rate; and no inhabitant of such county, riding, or division shall be deemed an incompetent witness in any proceeding under this act, by reason of the application of such penalty or forfeiture to the use of the said general rate as aforesaid. Id. s. 32.

Where any distress shall be made for any sum or sums of money to be levied by virtue of this Act, the distress itself shall not be deemed unlawful, nor the party or parties making the same, be deemed a trespasser or trespassers on account of any defect or want of form in the summons, conviction, warrant of distress, or any other proceeding relating thereto; nor shall the party or parties distraining be deemed a trespasser or trespassers ab initio, on account of any irregularity which shall be afterwards committed by the party or parties distraining, but the person or persons aggrieved by such irregularity shall and may recover full satisfaction for the special damage (if any) in an action on the case; but no plaintiff or plaintiffs shall recover in any action for such irregularity as aforesaid, if tender of sufficient amends hath been made by or on the behalf of the party distraining before such action brought. Id. s. 24.

Appeal.] The appeal clauses in this Act, (sect. 25, 26,) are precisely the same as sect. 27 and 28 of stat. 3 G. 4, c. cvi. ante, p. 217, 218; it is only necessary therefore to refer to them.

Actions against justices, &c.] The Act contains the usual clauses as to the limitation of action, pleading the general issue, costs, &c., in actions against justices or officers, for any thing done under or by virtue of the Act. Id. ss. 29, 30.

Saving of rights, &c.] The Act also contains a saving of any right or custom of the universities of Oxford or Cambridge, or either of them, or of any lord or lords of any leets, or the rights of any clerk or clerks of the market in any place, which may be exercised and enjoyed by them, or any of them, by virtue of any charter, by-laws, prescriptions, usages, customs, privileges, grants, or Acts of Parliament, except so far as relates to the assize of bread, and the regulations of the price and weight thereof. Id. s. 33.

BRIBERY.

Bribery is the receiving or offering of any undue reward, by or to any person whatsoever, whose ordinary profession or business relates to the administration of public justice, in order to incline him to do a thing against the known rules of honesty and integrity. 1 Hawk. c. 67, s. 2. It is a misdemeanor at common-law, punishable, both as to the party receiving, and the party giving, or even offering the bribe, with fine or imprisonment, or both. Id. s. 7.

As to bribery of electors for members of parliament: by stat. 7 & 8 W. 3, c. 4, no candidate shall be guilty of such bribery, on pain of being incapacitated. And by stat. 2 G. 2, c. 24, s. 7, if any person shall take any money or other reward, or contract or agree for any money, gift, office, employment, or other reward, to give or forbear to give his vote, he shall forfeit 5001. And by stat. 5 & 6 Vict. c. 102, s. 20, it is declared and enacted, "that the payment or gift of any sum of money or other valuable consideration whatsoever to any voter, before, during, or after any election, or to any person on his behalf, or to any person related to him by kindred or affinity, and which shall be so paid or given on account of such voter having voted, or having refrained from voting, or being about to vote or refrain from voting, at the said election, whether the same shall have been paid or given under the name of headmoney or any other name whatsoever, and whether such payment shall have been in compliance with any usage or practice or not, shall be deemed bribery." As to treating, see Id. s. 22.

As to the bribery of officers of the customs, see 3 & 4 W. 4, c. 51, s. 8.

BRICKS AND TILES.

Bricks.] All bricks made for sale, shall, when burnt, be not less than 8 inches long, 24 thick, and 4 wide; under the penalty of 20s. for every thousand. 17 G. 3, c. 42, ss. 1, 2. This penalty may be recovered before one justice, and the penalty levied by distress; or if sufficient distress be not found, the offender may be committed for not more than two calendar months, unless the penalty and all reasonable charges be sooner paid. Id. s. 5. The penalty, if levied, shall be distributed, half to the informer, and half to the poor of the parish where the offender dwells. Id. The information must

be laid within one calendar month after the sale or delivery of the bricks. Id. s. 7.

The conviction, by sect. 6, may be in the following form, or

to the like effect:

day of

Be it remembered that on the in the year of our Lord, A. B. is convicted before me C. D., one of Her Majesty's justices of the peace for the of [for that he the said A. B., on ——————, at -, did make for sale 10,000 bricks, which were less than eight inches and a half long, to wit, eight inches long only, against the form of the statute in such case made and provided.] Given under my hand and seal, the day and year aforesaid.

Any person aggrieved may, within four calendar months, appeal to the general quarter sessions, giving twenty-one days* notice in writing of his intention to do so, and of the matter thereof, to the person whose act is complained of, and within eight days after notice, entering into recognizance to try the appeal and pay costs if awarded. Id. s. 8.

Tiles.] All pantiles made for sale shall not be less than 13 inches long, 9 inches wide, and half an inch thick; under the penalty of 10s. for every thousand. 17 G. 3, c. 42, ss. 1, 2. The conviction and proceedings, &c. are the same as is abovementioned in the case of bricks, the same statute relating to both.

1

Plain tiles shall be 104 inches long, 64 broad, and half an inch and half a quarter thick: roof, or cres-tiles, 13 inches long, and half an inch and half a quarter thick, with convenient depth: gutter and cover tiles, 10 inches long, with convenient thickness, breadth and depth. 17 Edw. 4, c. 4. Justices of peace and every of them may hear and determine offences against this Act, and assess upon the offender no less a fine than 5s. for every thousand plain tile, 6s. 8d. for every hundred roof tile, and 2s. for every corner or gutter tile. Id.

BRIDGES.

Not repairing.] Counties are liable for the repair of all the public bridges within them respectively, in the same manner as parishes are liable to repair the public highways within them. See R. v. Derbyshire, 2 Q. B. 745. And even where a portion of the county of Wilts, in which there was a county bridge, was added to the city of New Sarum, by the Boundary Act, stat. 2 & 3 W. 4, c. 64,-the city not being a county of

itself, but having a ne intromittant clause in its charter, and having a separate quarter sessions: the court held that the city was not liable to repair the bridge. R. v. New Sarum, 15 Law J. 15, m. A portion of a county, however, as a parish, &c. may be liable by custom to repair a particular bridge, or all bridges within it, in the same manner as a township or other district in a parish may by custom be liable to repair a highway. R. v. Hendon, 4 B. & Ad. 628; and see R. v. Adderbury, East, 5 Q. B. 187, 13 Law J. 9, m. So an individual, by reason of his tenure of lands, or a corporation by prescription, may be liable to repair a public bridge. Co. Lit. 700. R. v. Oswestry, 5 M. & S. 361. And see Baker v. Greenhill et al., 3 Q. B. 148. And there is no difference in this respect between horse, foot, and carriage bridges; if they be public bridges, the inhabitants of the county must repair them, unless they can show that others are bound to do so, ratione tenuræ or otherwise. R. v. Salop, 13 East, 95. R. v. Bucks, 12 East, 192; and see R. v. Derbyshire, 11 Law J. 51, m. As to bridges erected by individuals, &c., and by them afterwards dedicated to the public, it is enacted by stat. 43 G. 3, c. 59, s. 5, that no bridge thereafter to be built in any county, at the expense of any private person or body politic or corporate, shall be deemed a county bridge, which the inhabitants of any county shall be compellable or liable to maintain or repair, unless such bridge shall be erected in a substantial and commodious manner, under the direction or to the satisfaction of the county surveyor. And this Act has been holden to extend to a bridge erected by the trustees of a turnpike road. R. v. Derby, 3 B. & Ad. 147.

Besides the repairing and maintaining of the bridge, the county are bound also to keep in repair 300 feet of the highway at each end of it. 22 H. 8, c. 5, s. 9. So a corporation liable to repair a bridge by prescription, are liable to repair the approaches to it also. R. v. Mayor of Lincoln, 8 Ad. & El. 65. But in case of bridges hereafter to be built, and which shall be reparable by the county or a part thereof, all highways leading to, passing over and next adjoining to such bridge, shall be repaired by the parish, or person &c., or trustees of a turnpike road, who were by law, before the erection of the said bridge, bound to repair the said highways; but the county, &c. shall repair the walls, banks or fences of the raised causeways and raised approaches to any such bridge, or the land arches thereof. 5 & 6 W. 4, c. 50, s. 21.

Where bridges are repairable by the county, the repairs are paid for out of the county-rate; and the justices at sessions, after indictment found, or presentment by the grand jury, as to the bridge being out of repair, may contract with any person for the repairs, or for keeping it in repair for a certain annual