No. VII. c. 43. before the commencement of such sessions, upon one of the overseers of the poor, or the tithingman or constable, or two substantial housekeepers 9 Geo. IV. of the parish, tithing, township, or place respectively, as the case may be, wherein such petitioner or petitioners shall be resident at the time of presenting such petition, and also lodged, twenty clear days before such commencement, at the office of the clerk of the peace, who shall and he is hereby required forthwith to transmit a copy thereof to each of the justices usually acting within or for the district or places or place named in such notice. X. And be it further enacted, That so soon as all such petitions against such order shall have been determined, and such amendments made therein as shall have appeared necessary or proper, the justices at such quarter sessions shall cause to be inserted therein some day not earlier than one month after such sessions from which the same shall take effect, and shall cause the same order to be inrolled, and the same shall remain an order of sessions, controlling any order or orders of sessions heretofore made for the separate constitution of any new divisions, or the partial alteration of any accustomed divisions, under the former provisions of this Act, and not subject itself to revocation or alteration of any kind for the space of ten years thence next ensuing; and during such ten years no such statement shall be received or proceedings had thereon as abovementioned, but during all that time, and until further order of sessions after the expiration of that time, the several divisions, as limited modelled or constituted in and by such order, shall be and be taken to be, for all the purposes in this Act mentioned, the lawful divisions of such county riding or division, having such separate commission of the peace, for the meetings of justices in special sessions, under any statute now in force, or hereafter to be made, and containing no special provision to the contrary; and all bailiffs, constables, tithingmen, surveyors, overseers of the poor, and other officers, publicans, keepers of taverns coffee-houses and vic tualling-houses, and other persons, shall and they are hereby required thenceforward, during the time last above limited, to give their attendance to and upon the justices of the peace at any time assembled in such special sessions, within the same divisions respectively, as fully and effectually as by law they have been bound to do within any division reputed and taken before the passing of this Act to be a lawful and accustomed division for the meetings of justices for any of the purposes aforesaid. XI. And be it further enacted, That immediately after the inrolment of such order, the clerk of the peace shall and he is hereby required to cause to be published a copy of the same in three successive numbers of one or more such weekly newspapers as aforesaid, and shall also transmit one copy thereof to each justice of the peace dwelling within or usually acting within and for such county riding or division, having such separate commission of the peace. Order to be inrolled as soon as Petitions against the same have been deter mined, and shall not be subject to Alteration for ten Years. Clerk of Peace to publish Copy of Inrolment. XII. And be it further enacted, That no order to be made, nor any Proceedings not proceeding to be had or taken, in pursuance of this Act, shall be to be quashed quashed or vacated for want of form, or removed by certiorari, or any for want of other writ or process whatever, into any of his Majesty's Courts of Form. Record at Westminster; any law or statute to the contrary notwithstand ing. XIII. And be it further enacted, That nothing in this Act contained Not to extend to shall extend or be construed or taken to extend to the county of Middlesex Middlesex, &c. in England, or to Scotland or Ireland. PART VI. CLASS XII. Distress.* [ No. I. ] 27 George II. c. 20.-An Act for the more easy and effectual Proceeding upon Distresses to be made by Warrants of Justices of the Peace. WHEREAS by many Acts of Parliament justices of the peace are 27 Geo. II. c. 20. empowered to issue warrants for the distress and sale of goods and chattels, but the charges of distraining keeping and sale of such goods ' and chattels are not provided for in all the said Acts, nor is there a time in all cases limited for the sale thereof, whereby inconveniences have ' arisen :' Therefore for remedy thereof, Be it enacted by the King's most excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal and Commons in this present Parliament assembled, and by the authority of the same, That in all cases where any justice or Justices to lijustices of the peace is or are or shall be required or empowered by any mit in their Act or Acts of Parliament now in force or hereafter to be made, to issue Warrants of a warrant of distress for the levying of any penalty inflicted or any sum Distress, of money directed to be paid by or in consequence of such Act or Acts, it shall and may be lawful for the justice or justices granting such warrant therein to order and direct the goods and chattels so to be distrained to be sold and disposed of within a certain time to be limited in such not less than warrant, so as such time be not less than four days nor more than eight Four nor more days, unless the penalty or sum of money for which such distress shall be than Eight made together with the reasonable charges of taking and keeping such Days. distress be sooner paid. II. And be it further enacted, That the officer making such distress Officer to deshall and is hereby empowered to deduct the reasonable charges of taking duct the keeping and selling such distress out of the money arising by such sale; Charges of and the overplus (if any) after such charges and also the said penalty or keeping and sum of money shall be fully satisfied and paid, shall be returned on de- selling; Overmand to the owner of the goods and chattels so distrained; and the plus to be reofficer executing such warrant if required shall shew the same to the person whose goods and chattels are distrained, and shall suffer a copy thereof to be taken. turned. III. Provided always, That nothing herein contained shall extend or Provisions rebe construed to extend to alter or repeal any of the provisions or direc- lating to Tythes tions relating to distresses to be made for the payment of tithes and in 7 and 8 church rates by the people called Quakers, contained in an Act passed in Will. 3. c. 34. the seventh and eighth years of his late Majesty King William the Third, intituled An Act that the solemn Affirmation and Declaration of the People called Quakers shall be accepted instead of an Oath in the usual Form; or and I Geo. 1. in one other Act passed in the first year of his late Majesty King George c. 6. not altered. the First, intituled An Act for making perpetual an Act of the seventh and eighth Years of the Reign of his late Majesty King William the Third, intituled An Act that the solemn Affirmation and Declaration of the People called Quakers shall be accepted instead of an Oath in the usual Form; and for explaining and enforcing the said Act in relation to the *For Statutes relating to Distress for Rent, see Part IV. No. I. 27 Geo. II. c. 20. Payment of Tythes and Church Rates; and for appointing the Form of an Affirmation to be taken by the said People called Quakers instead of the Oath of Abjuration. [ No. II. ] 33 George III. c. 55.—An Act to authorize Justices of the Peace to impose Fines upon Constables, Overseers, and other Peace or Parish Officers, for Neglect of Duty, and on Masters of Apprentices for Ill Usage of such their Apprentices; and also to make Provision for the Execution of Warrants of Distress granted by Magistrates.—[21st June 1793.] [Inserted ante in this Volume, title Apprentices, Class II. No. XI.] PART VI. CLASS XIII. Dogs. [ No. I. ] 10 George III. c. 18.-An Act for preventing the Stealing of Dogs. c. 18. WHEREAS the practice of stealing dogs hath of late years greatly 10 Geo. III. increased: For remedy whereof may it please your Majesty that it may be enacted,' and be it enacted by the King's most excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal and Commons in this present Parliament assembled, and by the authority of the same, That from and after the first day of May one thousand seven hundred and seventy, if any person shall steal any dog (1.) or dogs of any kind or sort whatsoever from the owner or owners thereof, or from any person or persons intrusted by the owner or owners thereof with such dog or dogs; or shall sell buy receive harbour detain or keep any dog or dogs of any kind or sort whatsoever, knowing the same to have been stolen as aforesaid, every such person upon being convicted thereof upon the oath of one or more credible witness or witnesses, or by his or her own confession before any two or more justices of the peace for any county riding division or place, shall for the first offence forfeit and pay such sum of money not exceeding thirty pounds First Offence to nor less than twenty pounds as to such justices shall seem meet, together forfeit not less with the charges previous to and attending such conviction, to be ascer- than 201. &c. tained by such justice before whom such offender shall be convicted: And in case such penalty shall not be forthwith paid, such justices shall commit the offender to the common gaol or house of correction, there to remain without bail or mainprize for any time not exceeding twelve calendar months nor less than six calendar months, or until the penalty and charges shall be paid: And if any person having been convicted as Subsequent Ofaforesaid shall afterwards be guilty of the like offence, and shall be fence to forfeit thereof convicted in like manner as aforesaid, every such person shall not less than for every such offence forfeit and pay such sum of money not exceeding 301. &c. fifty pounds nor less than thirty pounds as to such justices shall seem meet, together with the charges previous to and attending such conviction, to be ascertained by such justices before whom such offender or offenders shall be so convicted: Which said penalties or any of them when recovered shall be paid one moiety thereof to the informer and the other moiety to the poor of the parish where the offence shall be committed; and upon non-payment thereof such justices shall commit (2.) the offender to the common gaol or house of correction, there to remain without bail or mainprize for any time not exceeding eighteen months nor less than twelve months, or until the penalty and charges shall be (1.) I apprehend that there is not much ground for the doubt of Dr. Burn, whether this Provision would extend to stealing a Bitch: the Name being evidently intended to denote the Species. His other observations on the Act seem entitled to much greater attention. (2.) A commitment for non-payment of a peVOL. VII. nalty upon conviction under this Statute is good, |