No. II. tress and sale of the goods and chattels of such person so refusing or 18 Geo. III. neglecting; and where goods and chattels of such person cannot be found to commit such person to the house of correction for the county riding division city town corporate franchise or liberty wherein such person shall reside, there to be kept to hard labour for any time not exceeding one month nor less than ten days, or until such sum or sums of money together with the expences attending the commitment of such person to such house of correction be first paid. c. 19. Sarne may be levied by Dis tress. II. Provided nevertheless, That upon the conviction of any person or persons upon any penal statute or statutes where the penalty or penalties shall amount to or exceed the sum of five pounds, the said costs shall be deducted by the said justice or justices according to his or their discretion out of the said penalty or penalties, so that the said deduction shall not exceed one-fifth part of the said penalty or penalties; and the remainder of the said penalty or penalties shall be paid to or divided among the person or persons who would have been entitled to the whole of the penalty or penalties in case this Act had not been made. 6 III. And be it further enacted by the authority aforesaid, That the several forms to this Act annexed shall and may in the respective cases be used and observed. IV. And whereas constables headboroughs and tithingmen are or may be at great charge in doing the business of their parish township or place, and in many cases are not sufficiently indemnified by the laws;' Be it therefore enacted by the authority aforesaid, That every constable headborough or tithingman shall every three months, and within fourteen days after he shall go out of such office, deliver to the overseers of the poor of the said parish township or place for the time being a just account in writing, fairly entered in a book to be kept for that purpose and signed by him, of all sums so by him expended on account of the said parish township or place, in all cases not hitherto provided for by the laws heretofore made or by this Act, and also of all sums received by him on the account of the said parish township or place; and the said overseers of the poor or their successors shall within the next fourteen days after the said account or accounts shall be so delivered lay the same before the inhabitants of the said parish township or place; and in case the said account or accounts be approved of by the majority of such inhabitants, the overseers of the poor of the said parish township or place for the time being are hereby authorised and required to pay out of the poor rates made or to be made for such parish township or place such sum or sums of money as shall appear to be due on the said account or accounts; but in case the said account or accounts or any part thereof shall be disallowed, then the said overseers of the poor for the time being shall then deliver back to the said constable headborough or tithingman such book of accounts; and it shall and may be lawful to and for the said constable headborough or tithingman then to produce the said book before any one or more of his Majesty's justices of the peace in and for the county riding division city town corporate franchise or liberty wherein such parish or township shall be situate, giving reasonable notice thereof to the overseers of the poor of the said parish township or place for the time being; which said justice or justices is and are hereby authorised to examine the same, and to hear and determine any objection or objections that shall be made to the said accounts, and to settle the sum which to him or them shall appear due on the said account, and to enter the same in the said account, and to sign his or their name or names thereto; and the overseers of the poor of the said parish township or place for the time being are hereby authorised and required to pay the said sum out of the money which shall come to their hands by virtue of any rate or assessment made or to be made for the relief of the poor. (1.) (1.) The expence of a constable in prosecuting an assault committed on him in the execution of his duty cannot be paid by the Overseer out of the Poor Rates, and are not within the 18 Geo. 3. c. 29. § 4. Rex. v. Bird, 2 B. & A. 522. No. II. 18 Geo. III. c. 19. V. Provided nevertheless, That in case the overseer or overseers of the poor of the said parish township or place for the time being shall find that the said parish township or place is aggrieved by any neglect act or thing done or omitted by the said constable headborough or tithingman, or by any of his Majesty's justices of the peace, or shall have any material objection to such account or any part thereof, or to such determination as Appeal. aforesaid, it shall and may be lawful for such overseer or overseers in any of the cases aforesaid, giving reasonable notice to the said justice constable headborough or tithingman, to appeal to the next general or quarter sessions of the peace for the county riding division city town corporate franchise or liberty where such parish township or place lies; and the justices of the peace there assembled are hereby authorised and required to receive such appeal, and to hear and finally determine the same; but if it shall appear to the said justices that reasonable notice was not given, then they shall adjourn the said appeal to the next quarter sessions, and then and there finally hear and determine the same; and the said justices may award and order to the party for whom such appeal shall be determined reasonable costs, in the same manner that they are empowered to do in case of appeals concerning the setttlement of poor persons, by an Act made in the eighth and ninth years of King William the Third, intituled An Act for supplying some Defects in the Laws for the Relief of the Poor of this Kingdam. VI. Provided always, That in all corporations o liberties which have Proviso relating not four justices of the peace, it shall and may be lawful for the overseer to Corporations, or overseers of the poor of the parish township or place for the time &c. being, where an appeal is given by this Act, to appeal if he or they shall think fit to the next general or quarter sessions of the peace for the county riding or division wherein such corporation or liberty is situate. VII. And whereas by an Act passed in the twenty-fifth year of his 25 George II. 'late Majesty King George the Second, intituled An Act for the better preventing Thefts and Robberies, and for regulating Places of publick • Entertainment, and punishing Persons keeping disorderly Houses; it was ⚫ recited, That whereas many persons are deterred from prosecuting persons guilty of felony upon account of the expence attending such prosecutions, which is a cause of the encouragement of thefts; and it was therein among other things enacted, That it should and might be in the power of the court before whom any person has been tried and convicted of any grand or petit larceny or other felony, at the prayer of the prosecutor and on consideration of his circumstances, to order the "treasurer of the county in which the offence shall have been committed, to pay unto such prosecutor such sum of money as to the said court ⚫ shall seem reasonable, not exceeding the expences which it shall appear to the court the prosecutor was put unto in carrying on such prose'cution, making him a reasonable allowance for his time and trouble therein; which order the clerk of assize or clerk of the peace respectively was thereby directed and required forthwith to make out and ' deliver unto such prosecutor, upon being paid for the same the sum of ❝ one shilling and no more: And whereas by an Act passed in the twenty'seventh year of his late Majesty King George the Second, reciting, That 27 George II. ⚫ the expence as well as loss of time in attending courts of justice is a ⚫ discouragement to the poorer sort to appear as witnessess against offenders, who thereby escape the publick justice and the punishment due 'to their crimes; it was enacted, That when any poor person shall appear ⚫ on recognisance in any court to give evidence against another accused of any grand or petit larceny or other felony, it should and might be in the power of the court, at the prayer and on the oath of such person and on consideration of his circumstances, in open court to pay unto such person such sum of money as to the said court shall seem reason'able for his time trouble and expence; which order the proper officer of ⚫ such court is required to make out and deliver to such person, upon being paid for the same the sum of sixpence and no more: And whereas the said recited Acts of the twenty-fifth and twenty-seventh years of ' his late Majesty King George the Second have been a great encourage, No. II. c. 19. ❝ment towards bringing offenders to justice in all such cases as are within the purview of the said statutes; but nevertheless it has been 18 Geo. III. found by experience that the said herein-before recited statute of the ' twenty-seventh year of his said late Majesty, with regard to persons appearing on recognisance in any court to give evidence as aforesaid 'extends only to poor persons, such court also considering their circumstances; and also does not extend to persons appearing on subpoena to 'give evidence: And whereas the said Act of the twenty-fifth year of his said late Majesty, with regard to prosecutors directs the court to consider the circumstances of such prosecutor, and also gives him relief only where the offender is convicted: And whereas it is just and rea'sonable and may tend in future to the prevention of crimes, or to the ⚫ due prosecution of all offenders against the laws, that every prosecutor to conviction, and every person so appearing on recognisance or subpoena to give evidence should be allowed his reasonable expences, and also in case he be poor a reasonable satisfaction for his trouble and loss of time; and that such allowance should be made to prosecutors as 'aforesaid even though the person so accused be acquitted, provided it shall appear to such court before whom the said prisoner shall have been tried that there was a reasonable ground of prosecution, and that the prosecutor hath bona fide prosecuted;' Be it further enacted by the authority aforesaid, That from and after the passing of this Act it shall and may be in the power of the court before whom any person has been tried and convicted of any grand or petit larceny or other felony, or before whom any person has been tried and acquitted of any grand or petit larceny or other felony, in case it shall appear to the said court that there was a reasonable ground of prosecution, and that the said prosecutor hath bona fide prosecuted, to order, upon prayer of the said prosecutor, the treasurer of the county riding or division in which the offence shall have been committed, or shall have been supposed to have been committed, to pay unto such prosecutor such sum of money as to the said court shall seem reasonable, not exceeding the expences which it shall appear to the court the prosecutor was bona fide put unto in carrying on such prosecution, making, in case the said prosecutor shall appear to the court to be in poor circumstances, a reasonable allowance to such prosecutor for trouble and loss of time; which order the clerk of assize or clerk of the peace respectively is hereby directed and required forthwith to make out and deliver unto such prosecutor upon being paid for the same the sum of one shilling and no more; and the treasurer of the said county riding or division is hereby authorised and required upon sight of such order forthwith to pay to such prosecutor or other person authorised to receive the same such sum of money as aforesaid, and shall be allowed the same in his accounts. Court may order the Treasurer of the County, &c. to pay the Prosecutor his Ex pences, and an Allowance for Loss of Time. VIII. And be it further enacted by the authority aforesaid, That it shall and may be in the power of the court where any person shall appear on recognisance or subpoena to give evidence as to any grand or petit larceny or other felony, whether any bill of indictment be preferred or not to any grand jury, provided the said person shall in the opinion of the said court bona fide have attended the said court in obedience to such recognisance or subpoena, to order the treasurer of the county riding or division in which the offence shall have been committed, or shall have been supposed to have been committed, to pay unto such person such sum of money as to the said court shall seem reasonable, not exceeding the expences which it shall appear to the said court the said person was bona fide put unto by reason of the said recognisance and subpoena, making, in case the said person shall appear to the court to be in poor circumstances, a reasonable allowance to such person for trouble and loss of time; which order the clerk of the assize or clerk of the peace respectively is hereby directed and required forthwith to make out and deliver to such person, upon being paid for the same the sum of sixpence and no more; and the treasurer of the said county riding or division is hereby authorised and required upon sight of such order forthwith to pay to such person or other person authorised to receive the same such sum of· money as aforesaid, and shall be allowed the same in his accounts. No. II. 18 Geo. III c. 19. IX. Provided nevertheless and be it further enacted, That it shall and may be lawful for his Majesty's justices of the peace in and for any county riding division city town corporate franchise or liberty in quarter sessions assembled to lay down or alter from time to time such rules Quarter Sesand regulations as to any costs or charges thereafter to be allowed to any sions to make person whatsoever by virtue of any part of this Act for the better carrying Regulations for the intent of any part of this Act into execution and for the preventing allowing, &c. any unnecessary expence as to them shall seem most just and reasonable; which are to be which rules and regulations having received the approbation and signature approved by one of one or more of his Majesty's judges of oyer and terminer or general of the Judges, gaol delivery at the assizes for the county wherein such rules and regula- &c. tions shall have been made shall be binding and not otherwise on all persons whatsoever; and no person whatsoever shall be allowed any greater sum of money by virtue of this Act than according to the said rules and regulations so approved of as aforesaid; any thing herein con. tained to the contrary thereof in any wise notwithstanding. any Actions. X. And be it further enacted by the authority aforesaid, That if any Limitation of action or suit shall be commenced against any person or persons for thing done in pursuance of this Act, that then and in every such case the action or suit shall be brought within six calendar months next after the fact committed; and the defendant or defendants in such action or suit General Issue may plead the general issue and give this Act and the special matter in evidence at any trial to be had thereupon and that the same was done. in pursuance and by the authority of this Act: And if it shall appear so to have been done, the jury shall find for the defendants; and if the plaintiff shall be nonsuit, or discontinue his action after the defendant or defendants shall have appeared, or if judgment shall be given upon any verdict or demurrer against the plaintiff, the defendant and defendants shall and may recover treble costs, and have the like remedy for the same Treble Costs. as the defendant or defendants hath or have in other cases by law. to wit. being two) of his Majesty's Justices ' of the Peace in and for the in pursuance of an Act, made in the eighteenth year of his Majesty 'King George the Third, intituled An Act for the Payment of Costs to Parties, on Complaints determined before Justices of the Peace out of Sessions; for the Payment of the Charges of Constables in certain Cases ; and for the more effectual Payment of Charges to Witnesses and Prosecu tors of any Larceny, or other Felony; on the Complaint of [here state the Names of the Parties and the Offence generally and the Date] against for ' which said complaint was heard and determined by ' on the day of do award the videlicet, II. Form of Warrant of Distress and Sale. To the Constable of } in other his Majesty's Constables in and for WHEREAS aforesaid. Justices of the Peace in and for the and to all of his Majesty's 'aforesaid, in pursuance of an Act made in the eighteenth year of his Majesty King George the Third, intituled An Act for the Payment of Costs to Parties, on Complaints determined before Justices of the Peace out of Sessions; for the Payment of the Charges of Constables in certain Cases; and for the more effectual Payment of Charges to Witnesses and No. II. Prosecutors of any Larceny, or other Felony; have awarded on the now last past, on the complaint of 'videlicet, of against for the following Costs to be paid by the said 'Justice (or, Justices) to pay such sum (or, sums) as aforesaid, hath not paid down or given security for the same, to the satisfaction of the said Justice (or, Justices): These are therefore 'to command you and each and every of you to levy the said sum of by distress and sale of the goods and do hereby and chattels of the said order and direct the goods and chattels so to be distrained to be sold ' and disposed of within days, unless the said sum for which such distress shall be made, ' of ⚫ together with the reasonable charges of taking and keeping such dis- of this Warrant. 'seal (or, hands and seals) at ' day of the in the year of our Lord hand and that I ‹ have made diligent search for, but do not know nor can find any · goods and chattels of • and sale whereof I may levy the sum } WHEREAS, in pursuance of an Act made in the eighteenth year of his Majesty King George the Third, intituled An Act for the • Payment of Costs to Parties, on Complaints determined before Justices of the Peace out of Sessions; for the Payment of the Charges of Constables in 'certain Cases; and for the more effectual Payment of Charges to Witnesses and Prosecutors of any Larceny, or other Felony; ' of his Majesty's Justices of the Peace, in and for the said manner and form as therein is mentioned: And whereas it appears to by the return of dated the day of constable of that he hath made diligent search, but doth not know of nor can find any goods and chattels of the said distress and sale whereof the said sum of by may be levied, pursuant to the said Warrant: These are therefore to 'command you, the said constable of and convey the said to the said house of correction at and to deliver the said there to the said keeper of the said house of correction: And these are also to command you, the said keeper of the said house of correction, to receive the said into the said house of correction, and there to |