of them or against the Owner of the Goods in case any after the Distress have been found to come to his Use or Possession by such means But note that in case any such Distress or Sale as aforesaid shall be made by Virtue or Colour of this Act for Rent pretended to be Arrear and due when in truth there is no Rent in Arrear or due to the person or persons Distraining or to him or them in whose Name or Names or Right such Distress shall be taken as aforesaid his Executors and Administrators shall and may by Action of Trespass upon the Case to be brought against the person or persons so Distraining or either of them his or their Executors or Administrators recover double the Value of the Goods and Chattels so Distrained and Sold as likewise full Costs of Suit Note that Hay Corn or any Grain are not to be hastily or wastfully removed from the Premises before due Appraisement and Sale to the damage of the Owner in scattering or wasting it c. CHAP. LXII What relates to the Office of a Constable in providing Carriages for the King c. ACcording to the Statute of 1 Jacobi 2. In this Case the Clerk or chief Officer of His Majesty's Carriages shall 3 Days before His Majesty's Arrival give notice to the Neighbouring Justices two or more of them by Warrant from the Green-cloth to provide such a number of able Carriages as shall be requisite for the Service to be drawn by 4 able Horses or six Oxen or four Oxen and two Horses to meet and be ready at the Time appointed to Load without delay and for so Loading they are to receive in Hand after the rate of Six-pence a Mile and not to be compelled to go above a Days Journey from their Habitations and the Carriages Summoned to give their Attendance on Default being Convicted of Neglect or Refusal by the Oath of the Constable or other Officer or two other credible Witnesses before the said Justices of Peace of the County or Mayor or other Chief Officers of the City or Corporation where he or they so neglecting inhabit and who have a Power to tender the said Oath the party so neglecting or refusing shall forfeit the Summ of Forty Shilling to the King's Use forthwith to be levied by Distress and Sale of Goods the Over plus if any be to be returned to the Owner and this to be done by Warrant from the said Justice of Peace Mayor or other Officer and in Case any Justice Constable or any other Officer shall take any Gift or Reward to excuse any person from this Service or shall injuriously charge or grieve any person through Hatred Envy or Evil Will who ought not to make such Carriage or Impress more Carriages than shall be directed by Warrant of the Green Cloth upon Proof and Conviction thereof the Party so offending shall forfeit the Sum of Ten Pound to the Party grieved or to any other who shall sue for the same to be recovered by Action of Debt in any of the King's Courts of Record wherein no Essoign Protection or Wager of Law shall be allowed and if any Person or Persons shall Impress any Horses Oxen Cart Wain or Carriages for the King's Service other than such as are lawfully impowered he or they so offending upon due Proof and Conviction shall incur and suffer the Punishments contained in the Act of 12 Car. 2. All High Constables Mayors Bayliffs and other Officers who warn the said Carriages or whose Duty it is so to do must make a Return in Writing to the Clerk or other Officer of the Carriages of the Names and Places of Abode of every such Person who is so warned to bring in his Cart or Carriage so that the Defaulters may be known and the said Officers appointed by the Act to warn them may be Discharged and Indemnified and the Defaulters punished as aforesaid CHAP. LXIII The Office and Duty of a Constable relating to the King's Game Fishery Excise and Custom UPon a Warrant directed to a Constable Headborough c. under the Hands and Seals of two or more Justices of the Peace the Constable c. may search suspected Houses for Setting-Dogs Nets and other Tackle for taking Pheasants Partridges and other the King's Game and destroy them so found but in Case they have Free Warren or are Lords of the Mannour or are Freeholders of Forty Pounds per Annum or more of Estate of Inheritance or Eighty Pounds per Annum for Term of Life or be worth in Goods 400 l. they are exempted from this Seizure As to the Constables Office relating to Fishery he may by Warrant under the Hand and Seal of a Justice of Peace apprehend such as destroy the Spawn or Fry of Fish along the Sea-shore or in any Creek or Haven or within five Miles of the Mouth of either of them or such as fish with unlawful Nets to destroy the young Fry the Meshes of their Nets not being 3 Inches and a half between Knot and Knot for which Default they are to pay 10 Shillings to be levied by Distress and Sale of Goods the Overplus to be returned to the Owner if any remain 3 Jacobi 1. Chap. 12. Wingate's Abridg Title Fish Fishers Fishing And for the Encouragement of the English Fishery if any Herrings Ling Cod or Pilchards Fresh or Salt Dry or Bloated or any Eels or Congers or Salmon he â—â—ought in and uttered to Sale by Foreigners it may be lawful for the Constable Headborough c. or any other Person to seize them the one half to the poor of the Parish and the other half to the use of him that seizes and if any one shall refuse to assist a Constable or other Officer hereto impowered on this occasion being commanded so to assist him in the King's Name he upon complaint and Proof of such contempt lies liable to be prisoned and fined at the Discretion of the Justice before whom he shall be convicted 18 Caroli 2. Chap. 2. As to the Duty of a Constable relating to the Excise note that he is to be aiding and assisting when required to the Gaugers and Under-Officers employed therein and to go with them in the Night time to such Houses where any Liquors are to be gauged They are moreo-to levy Forfeitures where a Conviction is made before the Justices or Commissioners of any Concealment Fraud or the like thereupon by Warrant for that purpose directed to make Distress and Sale of the Offenders Goods and to render the Overplus if any be to the Owner and for want of such Distress to carry the Party so offending upon commitment to Goal there to remain till there be Satisfaction made and upon Warrant directed to a Constable from the Commissioners he is to summon all Alehouse-keepers within his Division at such Days and Places as shall be appointed in the said Warrant from time to time c. As to what concerns the Constables Office relating to Customs
they are many and in the Main they tend to one and the same thing though in Circumstances many CHAP. XVII Of Sessions and Matters properly to be done c. by Justices therein c. THE Sessions is the Assembly of any two or more Justices of the Peace one being of the Quorum at a certain Day and Place within the Limits of their Commission appointed to Enquire by a Jury or otherwise to take Knowledge and thereupon to hear and determin according to their Power of Causes within their Commission and Statutes referred to their Charge Lamb. 378. A Sessions held without Summons is good but in such Case none shall lose any thing for Default of Appearing Lamb. 380 381. Summons of the Sessions is usually by Precept Written to the Sheriff and by him to be returned at Sessions Lamb. 381. Precepts for Summoning the Sessions may be made by any two Justices of the Peace one being of the Quorum but not the Custos Rotulorum alone and Summons cannot be discharged by Supersedeas of all other Justices but by Supersedeas out of Chancery Lamb. 382 383. CHAP. XVIII The Justice of Peace his Clerk c. his Business relating to Warrants Hue and Cry Order for Bastard-Children Recognizances Mittimus's Releases Bailments Supersedeas c. in due Form Latin and English and other things with Observations or Notes thereon for better Information Instructions for Clerks to Justices of the Peace containing many necessary Forms or Precedents of Warrants on several Occasions directed to Constables As for Warrants grantable by Justices of the Peace they may be stiled and made after several manners viz. 1st In the Name of the King and yet the Teste may be under the Name of the Justice or Justices of Peace who grant them 2dly Or they may be stiled and made only by the Name of the Justices so granting 3dly Or else be made without any such Stile and only under the Teste of the Justice of Peace or only subscribed by the Justice as the cause requires But not having room for every Particular the Nature of things in this case requires in so small a Book I shall only set down what are most common and useful in their order The Form of a General Warrant for a Misdemeanour Bucks T. G. Esquire one of the Justices of the Peace c. to the Constables of D. c. in the said County and to every of them These are to will and require you in his Majesties Name straightly to charge and command you upon sight hereof to attach and forthwith to bring before me the Body of I. P. Baker to answer such Mattters of Misdemeanour in his Majesties behalf as shall be objected against him and hereof fail not at your Peril Given under my Hand c. or Dated c. The Form of a Warrant for the good Behaviour to the Constables c. Bucks Forasmuch as A. B. of your said Town is not of good Name or Fame nor of honest Conversation a Rioter and Disturber of the Peace of our Sovereign Lord the King as we are given to understand by the complaint of sundry credible Persons Therefore on the behalf of our Sovereign Lord the King we straightly charge and command you or either of you immediately upon sight hereof you or one of you require the said A. B. to come before me or some other of his Majesties Justices of the Peace to find sufficient Sureties and Mainprize as well for his good Abearing towards our said Sovereign Lord and all his Leige-People until the next Quarter-Sessions to be holden in the said County as also for his Appearance then and there and if he shall refuse so to do that then you him safely Convey or cause to be Conveyed to the common Goal of the County aforesaid or to the next Goal of His Majesty 's in the said County there to remain until he shall willingly do the same So that he may be before the Justices of the Peace of our said Sovereign Lord the King within the said County at the next general Sessions of the Peace to be holden for the County and there to Answer our said Sovereign Lord for his Contempt on this Behalf And see that you certifie your Doings in the Premises to the said Justices in the said Sessions bringing then thither this Precept with you Given at B. under my Hand and Seal the fourth Day of December c. The Form of a Warrant immediately in the King's Name Grantable by Justices of the Peace William by the Grace of God King of England c. To our Sheriffs of our County of Oxford the high Constables of the Hundred of R The Petty Constables of the Town of B And to all and singular our Bayliffs and other Magistrates in the said County as well within Liberties as without Greeting forasmuch as L. B. of c. hath come before Sir W. M. Knight and Baronet one of our Justices of the Peace within the said County and hath c. Concluding in the Justices Name thus Witness the said W. M. at B. the _____ Day of _____ c. ☞ Here Note that wherever the Warrant is made in the King's Name as afore there it seemeth it ought to be directed to all Ministers as well within Liberties as without for the King is made a Party and so it may be done it seemeth in all other Warrants especially for Felony or for the Peace or good Behaviour c. because it is the Service of the King and no Franchise or Liberty shall be allowed or hold place against the King Br. Franch 31. However it is further held that the Justices of the Peace of the County may not Intermeddle in any City Town or Liberty which have their proper Justices Vide Dalton Chap. 6. Folio 25. Where you will find it set down more largely The Form of a Warrant for the Peace Surrey To the Constables of C. c. and to either of them Forasmuch as A. B. of your said Town Yeoman hath required Sureties of the Peace against T. L. of your said Town Labourer and withal hath taken his Corporal Oath before me that he requireth the same not for any private Hatred or Evil Will but simply that he is afraid of his Life or the Hurting or Maiming his Body or the Burning of his Houses These are therefore to Will and Require you in His Majesty's Name straitly to charge and command you that immediately upon the sight hereof you or one of you require the said T. L. to come before me or some other of His Majesty's Justices of the Peace within the said County to find sufficient Sureties as well for his Appearance at the next Quarter Sessions of c. to be holden for this County as also that the said T. L. shall in the mean time keep His Majesty's Peace as well towards his said Majesty as towards all People and especially towards the said A. B. and that if he shall refuse so
Court to the Grand Jury when they are to Enquire c. You shall diligently enquire and true Presentment make of all such Matters Articles and Things as shall be given you in Charge as well as of all other Matters and things as shall come to your Knowledge touching this present Service The King's Council your Fellows and your own you shall keep secret you shall Present no Person for Hatred or Malice neither shall you leave any one Unpresented for Fear Favour or Affection for Lucre or Gain or any Hopes thereof but in all things you shall Present the Truth and nothing but the Truth to the best of your Knowledge So help you God And now from what has been said it appears that this Important Office is Branched twofold The first is to preserve the Innocent from the Disgrace and Hazards which by Malice or any sinister Means they may be brought into for by the express Words of the Statute of 25 Edward the Third c. 3. and the 43 Edward 3. c. 3. it is said That for preventing Mischiefs done by false Accusers none shall be put to answer unless it be by Indictment or Presentment of Good and Lawful People of the same Neighbourhood where such Deeds be done and this no doubt may be taken to Imply a Grand Jury The other Branch is to enquire after and give Notices of all Nusances Offences Crimes and the like in the County for which they serve that so Offenders may be brought to Trial if they are forth coming or if fled from from Justice may be proceeded against upon the Outlawry and so Criminals Punished according to their Demerit A Grand-jury or Petty-jury where there is no Witness against the Prisoner for the Crime he stands Indicted for yet knowing him guilty of their own Knowledge may find it accordingly and this especially in the Petty-jury appears pretty plain by the Words spoken to them by the Court for if no Witness appears the Court thus speaks to the Jury or to this Effect Gentlemen of the Jury here is L. C. stands Idicted of such a Crime naming it and there is no Witness come against him So unless you of your own Knowledge know him Guilty you must Acquit him But where there is Evidence the Grand-jury must Industriously Examine the Evidence for the King and the Petty-jury must have the Prosecutor and his Evidence if he have any beside Face to Face with the Prisoner and patiently hear what can be Alledged in charging the one and the others defending himself and deliberately weigh the Matter and may pray the Court to ask such proper Questions of the King's Evidence and of the Prisoner and his Evidence as they think fit for their better Satisfaction and sifting out the Truth of the Matter and to Judge of Matter of Fact according to their Evidence as in their Consciences they shall believe and where a thing is doubtful to them that they cannot well Determin they may find it Special and leave it to the Determination of the Judges and so acquit themselves where such Doubts or Scruples shall arise of falling into an Error in Points of Law of which the Jurors are not held proper Judges but where it so requires must leave it Special And thus having spoken mostly in Generals I now come nearer to Particulars which may briefly give a further Light into these weighty Matters that Men Warned upon a Jury and Empanalled may be prepared a little to know what is Requisit in so great a Charge and Trust CHAP. XXVIII Several Material Things to be known relating to Jurys as the Law directs and according to the Opinion of the Learned Lawyers JUries both for Enquiry and Trial ought to be Probi Legales Homines Lamb. 396. Jurors must be inhabitants or Free holders within the County to the value of 4 l. per Annum by 27 Eliz. 6. But in Cities and Burroughs to the value of 40 l. in Goods Lamb. 396 397. Juror 70 Years Old or Decripid must serve if returned by the Sheriff if the Justices will have him to serve but he may if he will Sue the Sheriff upon the Statute of Westminster 2. Chap. 38. Lamb. 397. A Jury of Denizens is good where a Party is Extraneus unless he pray a Jury per meditatem Linguae 3 Cro. 869. Where a Baron is Sued a Knight must be returned on the Jury ibid. Jurors for the Trial of Indictments within the County Palatine of Lancaster must have five Pounds per Annum ibid. Jurors must not be nominated by any but the Bailiffs as well in Inquisitions before Coroner as Indictments before the Justices of Peace 1 Cro. 134. Jurors Exempted by Charter with the Words Licet Tangat nos are to be Discharged upon Appearance shewing it to the Sheriff but when there is want of sufficient Jurors no Exemption can discharge Stat. West 2. Chap. 38. Lamb. 197. If the particular Juries for the Hundred cannot be supplyed by those of the Hundred it is better to take Tales de Circumstantibus of another Hundred than to be renewed with a Tales from one Sessions to another Lamb. 398. A Jury of one Hundred may present an Offence done in another Hundred Lamb. 399. Justices may Command the Sheriff to alter the Panel and he upon Refusal forfeits 20 l. ibid. 3 Hen. 8. Chap. 12. All Jurors ought and must be Sworn otherways their Presentments are void but the Record being that all the Jurors were Sworn the Presentments are good though all be not Sworn Lamb. 399. Jurors may be Amerced for refusing to Present being Sworn 8 Co. 39. a. A Juror after he is Sworn upon sufficient Cause appearing may by the Justices be removed Lamb. 400. Jurors of Enquiry must be twelve as I have already said but they may be more and usually they are an odd Number tho' 12 of them Agreeing the Presentment is good and an Indictment may be found Lamb. 400. Juries of Inquiry ought not to be Committed to a Keeper nor kept without Victuals nor carried out of the Town but may be Ajourned to another Place to give up their Verdict Lamb. 400. Jurors wilfully concealing Offences Presentable and which be complained of by Bill may be enquired of by Persons whereof every one may spend Forty Shillings per Annum and such Concealment being found within a Year after every Juror shall be Amerced in open Sessions 3 Hen. 7. Chap 1. Lamb. 410 401. No Juror to be returned without an Addition whereby he may be known 27 Eliz. Chap. 7. Lamb. 432 Jurors that discover what they have done are Fineable Lamb. 402. And in Case of Treason or Felony it hath been Adjudged Felony Dalton 377. Jurors taking any thing to make a favourable Presentment shall be Imprisoned and Ransomed Lamb. 441. Crompt 84. a. 5 Edw. 3. Chap. 10. 1. Persons Attainted in Conspiracy 2. Attaint by Verdict 3. Decies tantum 4. Concealment 5. Subornation of Perjury these on a Jury are not Probi and their
High Constables of the Hundreds are every Year once in the Year at the General Sessions held for the Peace to present Popish Recusants for their Monthly Absence from Church and return the Names of their Children above Nine Years of Age being then with their Parents also their Servants together with the Age of their Children as near as they can compute or to forfeit 20 s. for every such Default which Presentments the Town-Clerks or Clerks of the Peace are to Record without taking Fees for them under a Penalty of 40 s. 3 Jacobi 1. Chap 4. Wingates Statutes Tit. Crown And if the Minister Petty Constable and Church Wardens of any Parish shall make a Complaint to the Justice of Peace that he or they suspect such a one to be a Popish Recusant but have no Proof of it then the Justice may tender the Party the Oaths in that case appointed and upon Refusal if above the Age of 18 he may commit the Party to Prison till the next Assize and then if again refused it is Premunire in a Man but a Woman Covert shall only suffer Imprisonment and remain without Bail till she take the Oath of Allegiance c. 7 Jacobi 1. Chap. 6. Wingate's Stat. Tit. Crown Dalt Just P. Chap. 45. Folio 108. By a Statute the first of William and Mary no Papist or reputed Papist refusing to make and subscribe the Declaration they are obliged to by the 30 Caroli 2. and the Oaths enjoyned in an Act for removing and preventing all Questions c. about the Assembling and Sitting of this present Parliament shall at any time after the 15th Day of May 1689 have or keep in his own Possession or at his Disposal any Horse or Horses valued above Five Pounds they are to be sold and that any two or more Justices of the Peace by a Warrant under their Hands and Seals may or shall Authorize any Person or number of Persons assisted by a Constable or his Deputy Headborough or Tything-man who are herein required to be Aiding and Assisting to search for and seize to the use of their Majesties and their Successors all such Horses above Five Pounds value as aforesaid And further note that upon any time a Proclamation being issued out to amove Papists at a distance from the City of London and Westminster other Cities and Towns Corporate the Constables by Warrant from the Justices of Peace are to make diligent search and give in the Names and places of Abode of such as stay beyond the time limited that so they may be prosecuted for their Contempt And note that ignorant persons may not be mistaken by bearing too much upon the Act made in the first Year of K. W. Q. M. for Exempting their Majesties Protestant Subjects Dissenting from the Church of England from the penalty mentioned in the 35 of Elizabeth and the 22 Caroli 2. It is thereby Enacted That all persons that take the Oaths and make and subscribe the Declaration therein mentioned shall not be liable to the penalty of the two former penal Acts against Conventicles However if any such Assembly of persons Dissenting from the Church of England meet for Religious Worship with the Doors Locked Barred or Bolted during any times of such Meeting together all and every such person or persons that shall come to and be at such Meeting shall not receive any Benefit from the new Law but be liable to all the Pains and Penalties recited in the Statute of 35 Eliz. and 22 Caroli 2. for such their close and concealed Meeting And further if any person differing from the Church of England a Protestant Dissenter shall be chosen to the Office of High Constable Petty Constable Churchwarden or Overseer of the Poor or any Parochial or Ward-Office any such person shall scruple to take upon him any of the said Offices in regard of the said Oaths or any other Matter or Thing required by the Law to be taken or done in respect of such Office may execute the said Office or Offices by a sufficient Deputy by him to be provided that will comply in taking the Oath c. and such a one as shall be well approved Note that the People called Quakers in Cases of Oaths may tender their Affirmation by Virtue of a late Act of His present Majesty King William the Third and that in Breach of such Affirmation they incur the Penalties as in case of Perjury CHAP. LI. A Constable's Office relating to such as shall disturb Ministers in time of Divine Service c. And what relates to Physicians TO keep Peace and Decency in Churches Chappels and such like Places of Divine Worship Note That if any one not having Authority to do it shall disturb a Preacher Lawfully Licensed Preaching Praying or at the Administration of the Sacrament either by entring into Dispute Humming Talking Laughing or any voluntary Disturbance in Ridiculing c. Any Constable or Church-warden of the place is Authorized immediately to Apprehend him or her so Offending and carry the Party before a Justice of the Peace of the same County who may commit the Offender to safe Custody and within six Days Conjunct with another Justice of the Peace examine the Matter and if it be evidently proved by two Witnesses Commit him or her to the Common-goal there to remain by the space of 3 Months and from thence to the next Quarter Sessions where upon the Offendors Reconciliation and entring into good Security for his good Abearing by the space of one whole Year he may be Released but upon standing in Contempt and remaining obstinate he shall be continued in Prison without Bail till Penitent 1 Mary 1. Sess 3. Chap. 3 Wingate's Stat. Tit. Sacraments c. And any one Rescuing such an Offender shall suffer the like Imprisonment and over and above forfeit 5 l. And the Inhabitants suffering such an Offender to escape upon Presentment before the Justices in their Sessions of the Corporation or County by the Authority aforesaid are liable to forfeit five Pounds In the City of London and seven Miles adjacent the Constables and other Officers are to be Assisting to the President of the Physitians Colledge in order to the due Execution of the Laws and Statutes belonging to the said College on Pain of a Contempt against the King's Majesty according to the Statute of 1 Mary 1. Sess 2. Chap. 9. Wingate's Stat. Tit. Physitians c. CHAP. LII The Duty and Office of a Constable in any Calamitous Time of Plague and Pestilence c. IF Persons Infected with the Plague be by the Constable commanded to keep their Houses and yet Contemptuously go abroad and Converse with other People then having the Plague Sore upon him or her it is Felony and if Infected and not having any Plague Sore yet for such Offence they are liable to be punished as Vagabonds by the Order or Appointment of a single Justice of Peace and further be bound to the good Behaviour for the space of one whole
Royal Dutchy CHAP. LXVII The Constables Office and Duty relating to such Persons as Prophanely Swear and Curse BY a late Statute made in the 6 and 7 Year of the Reign of William the Third Chap. 11. it is enacted for the restraining that Dangerous and Unprofitable Sin of Swearing and Cursing that such as in the Presence or Hearing of a Justice of the Peace of the same County wherein the Offence is committed or Head Officer or Justice of Peace of the City do Swear or Curse or are thereof convicted by Witness or Confession of the party before any Magistrate the Offender if a Common Soldier Labourer or Servant shall pay for every Oath c. 18. for the use of the poor of the Parish wherein the Offence is committed and every other person is to pay 2 s. for the like Offence for the second double for the third treble to be levied by Distress by Warrant from one Justice of the Peace and where no Distress is found the Offender if above Sixteen Years of Age is to be set in the Stocks by the space of one Hour for one Offence and two Hours for more than two Offences but if under Age to be whipt by the Parents or Master in the Presence of the Constable All Justices of Peace Constables c. who neglect to put this Act in Execution being knowing of the Offence to forfeit 5 Pounds and none are to be prosecuted upon this Act beyond the Expiration of Ten Days therefore Information must be given within the said Ten Days after the Offence committed And for the better deterring Offenders to commit Offences of this Kind it is ordained to mind them of the Danger and Shame they are like to incur thereby that this Act be publickly read in Churches next Sunday after every Quarter Day immediately after Morning Prayer under Penalty of 20 s. for each Omission and Justices c. are to keep a Register of all such Convictions before them and to certifie the same at the Quarter Sessions to be there Recorded where any one may search for the same and see it without paying any manner of Fees CHAP. LXVIII The Constables Office and Duty further relating to Vagabonds and Beggars and Collecting Monies for Building and Repairing Goals BY an Act of the 11 and 12 of W. 3. it is Enacted that after the 24 of June 1700. That if any Vagabond Beggar or any person whatsoever shall be brought to any Constable Headborough or Tythingman or other Officer with a Pass Testimonial Letter of Request or other Writing whatever pretending thereby either to be Relieved or Conveyed The said person or persons shall by such Constable or other Officer or by some other sufficient person or persons whom he shall order or depute be carrryed before some one Justice of the Peace of the County which Justice is carefully and diligently to Examine him or them and if he finds they ought by Law to be punished he is to send them to the House of Correction and take such further Course as in that Case the Law directs But if no such Cause appear then he or they are to be immediately conveyed out of the County to such Town of the next County unto or through which such person or persons are to pass or be conveyed as the said Justice shall think most proper and every Constable or other Officer is to convey them to the House of Correction or to such Town as aforesaid without delay and further the Justice is by this Act obliged to give the Constable or other Officer a Certificate without Fee of the Number of such persons as he shall so order to be punished or conveyed as also the manner how when and from whence such persons are to be conveyed And further the Justice ought to Tax the Charge on the back of the Certificate which the Constable c. delivering to the High Constable of that Division he is to pay him his Charges out of the Monies of the Goal and Marshalsea Mony and take a Receipt for the same which Receipt shall be Accepted by the Chief Treasurer of the County and allowed in his Accounts as so much Mony and if the Goal and Marshalsea Mony fail to be sufficient then the Justices in their Quarter-Sessions may raise a Tax in their Counties Ridings and Divisions in such manner as they raise it for the County Goals and Bridges the Mony to be paid to the Chief Constable of each Division so as they shall have a quarterly Payment in their Hands before hand and as often as the said Petty Constables or Deputies shall produce the said Certificates they shall be paid their Charges according thereto and the High Constable must Account for so much at the next Quarter-Sessions and the Petty Constable is not to Charge the Inhabitants of his Constabulary wirh any Sum or Sums of Mony or any Provisions to the Relief or Conveyance of such Rogues or Vagabonds And if any Constable or other Officer to whom it belongs shall neglect to Apprehend such Vagabonds or Beggars or be remiss and negligent in doing his Duty by this Act required then for such Offence he shall pay 20 s. one fourth part to go to the Informer and the other 3 parts to the poor of the Parish and he may be Convicted before a Justice by the Oath of one Witness and upon refusal to pay Distress may be made by Warrant as in other Cases But this Act is to continue but 3 Years and from thence to the End of the next Session of Parliament By another Act of Parliament 11 and 12 W. 3. Intiuled An Act to Enable Justices of the Peace to Build and Repair Goals in their respective Counties The Justices of the Peace at their General Quarter-Sessions are to direct their Warrants or Precepts to the High Constable Petty Constable Bailiffs or other Officer or Officers as they shall think fit for the Collecting and Levying the Mony in order thereto and upon denial of any Assessed after 4 Days demand to pay the same they are Impowered to make Distress and Sale of Goods and after 4 Days keeping if the Mony be not paid to sell the same and deducting Charges immediately to render the Overplus to the Owner the Distress being first Appraised by two or more of the Inhabitants and the Constable c. to pay the Monies so Collected to the Treasurer or Treasurers Appointed by the Justices to receive it and for refusing to Account after four days demand the Justices of the Peace or the greater number of them are Impowered to Commit him or them so neglecting or refusing to Prison there to remain without Bail or Mainprize till he or they shall have made a true Account CHAP. LXIX The Constables Office relating to such as make or put bad Mault to Sale c. THE Constable's Office relating to Malt is to see such Malt as comes to be sold within his Division or there made for Sale that it be
Counties or one part thereof to lye in any City or Corporation Town where there are proper Justices in that case the Justices of each County are to meddle so much as appertains to the Party lying in the County of which they are Justices and so of the other parts and yet the Overseers shall without dividing themselves execute their Office in all places within the said Parish but shall give up their Account to the Justices or Head Officers of both places Wingates Abridg. Stat. Tit. Poor People 43 Eliz. Châ—p 2. Dalton Just P. Chap. 73 Folio 156. The Overseers of the Poor are within 4 Days after their Year is expired and other Officers nominated their Successors to give up their Account in Truth before two Justices of the Peace one to be of the Quorum chiefly to this purpose 1st What Stock of Money they have received or Rated and not come to their Hands 2d What Stock of Stuff or Ware is in their own or in the Hands of any of the Poor 3d. What Apprentices they have put out and bound according to the Statute 4th What Poor they have set to Work or relieved 5th What Poor they have suffered to beg or wander out of the Town in the High Ways or in their Town without their Direc ions 6th Whether they met Monthly to consiâ—er of such Matters as are properly belonging to their Office â—th Whether they have made their Rates indifferent upon the Parishoners according to their Ability 8th Whether they have truly endeavoured to gather and levy all Assessmeâ—â—â— 9th Whether in them there has been any neglect of the Justices Warrants directed to them on any Account especially those for collecting any Forfeitures according to the Statute 43 Eliz. Chap. 2. Dalton Just P. Chap. 73 Folio 153. ☞ Note by the Statute made for the Burying in Woollen 30 Caroli 2. the Justices may nor allow the Accounts of the Overseers of the Poor till such time as they have given them an Account of the Burialâ— and Certificates and of their levying the penalty by that Statute directed If they refuse to give in their Accounts or make and yield a true and perfect Account to the said Justices of such Money and Stock in their Hands as has been mentioned two Justices of the Peace one being of the Quorum may commit them to the Common Goal not to be dismissed till they shall render a true Account and payed or satisfied the succeeding Overseers so much of the Sum and Stock as shall any ways appear to be remaining in their Hands and upon making a false Account lye liable to be bound over to the Sessions or Assizes where an Indictment may be preferred against them Dalt Just P. Chap. 73. Folio â—5â— Or the Justices or any two of them may grant a Warrant to the succeeding Overseers to levy the Sum upon the Goods and Chattels of the Offenders by Distress and Sale and for want of such Distress may commit them to Goal till Satisfaction be But note upon Sale the Overplus is to be returned to the Owner 42 Eliz. Chap. 2. If it so happen that any part of such Stock shall be found or known to be in the Hand of any Poor upon refusal of delivery two Justices may by Warrant cause the value to be levied or for want of wherewith on which to make Distress commit the Party to Prison as in the former Cases Dalt Just P. Chap. 72. Ibid. And for these all other Faults and Negligences of Churchwardens and Overseers â—lating to the Execution of their Office as to the Poor c. for every such Default made by any of them he is to forfeit 20 s. upon Proof by Confession or Examination of Witnesses to be levied by Warrant of two Justices of the Peace by Distress and Sale of Goods or for want of it the Offender to be Imprisoned and the Money so levied to be Employed to the use of the Poor of the Parish Dalt Just P. Chap. 73. Folio 155. 43. Eliz. Chap. 2. So that by the Law great care is taken that these Officers shall not be wronged in their â—ust Râ—ghts nor the Parish or Poor be wronged by them CHAP. LXXIX The Office of the Overseers of the Poor in receiving Fines to the use of the Poor in some Respect of Destroyers of Game unlawfully Fishing also relating to Measures and Burying in Woollen IT is the Business of the Overseers of the Poor to receive such Fines or Forfeitures as accrue from Offences in such as in the Night time Kill or take any Coneys upon the Borders of Warrens or such Grounds where the Owner may lawfully keep Coneys the Parties so Killing or Destroying not being Proprietors nor allowed by the Owner Also of such as use Hare-Pipes Snares or such like Implements or take Fish by any Nets Angling or other Device in any Water or River not lawful or shall be assisting thereunto without the consent of the Lord of the Mannour or Owner of the Water and the Sum for these Offences is to be amerced by the Justice of Peace before whom the Party offending shall be convicted the Sum not exceeding Ten Shillings over and above what the Owner may have or recover his Damage sustained for and the party for Default of payment may be sent by the Justice to the House of Correction for any time not exceeding a Month unless he enter into Bond with one or more Sureties to the party aggrieved the Sum not exceeding Ten pounds never in the like manner to offend any more and for these Offences the Offenders Goods are liable to Distress and Sale but then the Imprisonment must be remitted upon Satisfaction that way made 22 c. 23 Caroli 2. Chap. 24. As to Weights and Measures the Overseers for the poor as well as other Officers ought to have a special Regard to them and in this case there ought to be one Weight one Measure and one Yard according to the Exchequer Standard in every part of the Realm as well within as without places priviledged and every Measure of Corn is to be striked and those that keep different Weights and Measures not agrreeing in all respects with the Standard to buy and sell by being convicted thereof by the Oath of two Witnesses before any Justice of Peace or Head Officer of the Town or place where the Offence is done shall forfeit Five Shillings to be levied by the Church-wardens or Overseers of the poor in the parish where the Offence is committed by Distress and Sale of Goods upon Warrant and for want of such Distress the Offender to be committed to prison without Bail till payment be made and if any person be troubled for any Matter concerning his Office in this case he may plead the General Issue and give in Evidence the Act of 17 Caroli 2. And to have treble Costs if the Suit so brought prove vexatious Dalt Just P. 112. Folio 246. c. The penalty of 5 l. is to the
than mentioned or in any other Order may upon Conviction for such his neglect be Amerced by the Justice in any Sum under Forty Shillings to be levied on his Goods and Chattels CHAP. LXXXV Directions to the Scavengers and Managers of Sewers in the Cities of London and Westminster the Borough of Southwark relating to their Duty and Office AS for the Cities of London and Westminster their Scavengers are in the Nature of Country Surveyors where Commissioners are over them appointed to take care they do their Duty and to take Cognizance of Vaults common Drains or Common-shoars to amove Nusances and to sâ—e after the Pavements Payment of Raker and what else shall be amiss also in the Burrough of Southwark and places adjacent the aforesaid Cities in them the House-keepers are to sweep and cleanse the Streets Lanes and Alleys and publick places before their Houses and bring out their Dirt or Soil fit for the Raker to take up and carry away and the Mayor Aldermen and Common-council of the City of London may set out and purchase Grounds for Laystalls to receive the Dirt and Rubbish carried out of the City and for other Materials and Commodities And any person upon Complaint of Nusances in Defect of Pavement Dirt or Rubbish lying beyond the usual Time neglect in Rakers in not duly coming and giving Notice to bring out Dust or Dirt by Ring of Bell or such like Warning may by the Commissioners be redressed and the parties offending punished as the Statutes in those cases provide and direct No person under the Penalty of Five Shillings is to throw any Dirt or Rubbish or Noisom thing into the Streets that may be a hinderance or give Offence nor into any Lanes or places of publick passage c. or against a Wall of any Church Churchyard or any House and if they throw it into any common Vault or Sink to hinder the Current of the Drains they forfeit 40 s. 14 Car. 2. Chap. 2. And those that sweep not up their Dirt for the Scavenger to take away before their Houses in Streets Alleys and other publick places forfeit 13 s. 4 d. for every Neglect 13 Caroli 2. Chap. 2. If any Hoop wash or cleanse any Barrels or other Cask or set out empty Cask to mend or hew rough Timber saw Stone for each of these Offences they are to pay 20 s. and every Householder is to keep the Streets Lanes and other publick passages so far us belongs to him paved well paved unto the Channel or middle of the Street or Lane under the Penalty of 20 s. for every Rod that shall be defective and 20 s. a week till it shall be paved or mended To enquire after Offenders and make such Redresses as are found Agrievances by applying themselves to the Commissioners c. and by the Statute of the 2 William and Mary among other things it is enacted that the Rakers Scavengers and other Officers thereto appointed shall every Day in the Week Sundays excepted and other Holy Days bring their Carts and other Carriages unto their several Charges and Divisions where they can pass and give Notice at or before by the ringing of a Bell there and in Alleys and other places where they cannot pass that the People may sweep up and bring out their Soil which the Rakers are every day obliged to carry away uuder Penalty of 40 s. for every Offence In the Place and Division where any new Street shall be made the Justices of the Peace of that Division may take a View and if they think it convenient to be paved or otherways amended they are to certify the same under their Hands to the Justices of the Peace at the next General Quarter Sessions for the Place where the Street or Streets are who are to take order for the paving or amending as they shall think fit and all People concerned therein by a limited time ordered by the Justices are to be complying under the Penalty of 40 s. for every Perch upon such Offence or Default and accordingly for a greater or lesser Quantity and the like Sum for every Week it shall remain so unpaved or amended and any Scavengers duly chosen refusing to take upon them the Office forfeits Ten Pounds for such Refusal then other two to be chosen within seven Days after such refusal and to forfeit as the Former upon refusal and the Penalties to be payd to the Surveyors of the High Ways of the place to be employed towards the amending the High Ways and Streets of the same Parish Ward or Division to be levied by Distress and Sale of Goods and Chattels of the Offenders by Virtue of Warrant from a Justice of the Peace in any of the Places where the Offence is committed to be directed for that purpose to the Constables or other Officers of the said Parish to any two or more of them and reasonable Charge for the Distress being deducted the Overplus is to be returned to the Owner if any there be and for want of Distress or Non-payment within six Days upon Demand or Notice left at the House of the Offender in Writing he or they so offending may be committed to the common Goal of the County City or Place respectively by Warrant from any of the said Justices of the Peace under Hand and Seal and there to remain without Bail or Mainprize till payment be made as aforesaid and so for every person elected and refusing the Office c. CHAP. LXXXVI Within what time Rates are to be made and by whom How the Scavengers are to account for them and the Penalties upon Refusal Assessment how to be made and levied c. WIthin Twenty Days after the Scavengers are elected the Constable other Officers and Parishioners or the greater number of them present are to make a Rate or Assessment according to Pound Rate upon the Inhabitants of their Parish to be allowed and confirmed by two Justices of the Peace of the place c. to be collected Quaterly and if upon Demand of the Scavenger or other Officer appointed to collect the same Payment be refused Distress may be made by Warrant under the Hands and Seals of two Justices of the Peace to be levied by Distress and Sale of Goods or for want of such Distress and Non-payment the Offender to be Imprisoned till payment be made unless a Peer of the Realm The Mony so collected is yearly to be accounted for by the Scavengers for the time being to two or more of the Justices of the Peace residing in or near the Places for which Scavengers are appointed within 28 Days after the new Scavengers are chosen for the Year ensuing and to be paid into the Hands of the new Scavengers if any remain undisbursed in their Hands and two such Justices of the Peace upon refusal to make Account may commit the Refuser or Refusers to Prison without Bail or Mainprize till he or they account and pay the Remainder Where in a Parish there
are such High ways as cannot be amended without the Help of Assessment then one or more Assessments from Time to Time may be made upon all the Inhabitants Occupiers and Owners of Lands Houses Tenements or any personal Estate there usually ratable to the Poor to be allowed levied and colleted by such Persons as the said Justices of the Peace at their General Quarter Sessions shall appoint and direct and the Mony so raised to be accounted for and employed towards repairing such High-ways from Time to Time as the Justices shall appoint or order to be levied by the Distress and Sale of the Goods of the Persons so assessed upon Non-payment of the same within 14 Days after Demand CHAP. LXXXVII Several things very useful to be known to Surveyors Scavengers as Commission of Sewers Weights of Hay Hay or Straw-carts standing in the Streets Wheels of Carts their Size keeping of Swine and putting out Lights Lamp-lights c. ALL the Sinks Sewers and Vaults made since the Twelfth of King Charles the Second in the City and Liberties of Westminster c. are under the Care of the Commissioners of Sewers who have power to cleanse alter or so order them as to them shall seem best for Conveniency or to make new ones and to take away all Nusances and to take away any cross Gutters or Channels in all or any of the Streets or Lanes within their Division Every Truss of old Hay brought or offered to be sold within the Cities of London and Westminster and other places within the Weekly Bills of Mortality is according to Statute to weigh 56 Pound at the least from the last Day of August to the first Day of June and from the first Day of June to the last Day of August being new Hay of the Years growth to weigh Sixty Pounds but if old Hay of the last Years growth 36 as aforesaid and none to suffer their Waggons or Carts to stand in the places aforesaid â—oaden with Hay or Straw to sell the same after two of the Clock in the Afternoon from Michaelmas to Lady-day nor after Three from Lady-day to Michaelmas on Penalty of Five Shillings for every Offence or Neglect one half to the poor and the other to the Informer upon Commission of the Offence but if the Justice of Peace see it on vsew then upon Conviction one half to the poor and the other half to the Scavenger upon Default of Payment for the paving and cleansing the place or otherways to the relief of the poor as aforesaid This to be levied by Warrant by Distress and Sale of the Offenders Goods and Chattels by the Constable Headborough c. of the Parish where the Offence is committed and in Default of Distress or Non-payment within Six Days upon Notice or Writing left at the Offenders House by the Constable or Headborough where it is not by the Act of 2 W. and M. otherway provided unless the Party be a Peer of the Realm he is to be committed to the common Goal of the City or County respectively by Warrant and to remain without Bail or Mainprize till payment And by the same Statute the Wheels of every Cart or Dray to be used for any Carriage whatsoever from any place within the said Cities and Places within the same where the Streets are paved are to be made to contain in full Breadth 6 Inches in the Felly and must not be shod or wrought about with Iron Work nor drawn with above two Horses after they are up Hill from the Water side upon Forfeiture of 40 s. for every Offence to be levied by Warrant on Goods and Chattels in Distress as other the like Cases though this extends not to Country Carts or Waggons that shall bring Goods to the Cities or Places aforesaid or shall carry any Goods half a Mile beyond the paved Places of the Cities Streets c. However by an Act of 3. and 4 W. and M. Chap. 12. this last Clause seems to be altered for any Inhabitant of any of the Parishes within the weekly Bills of Mortality who dwells off and from the Pavement and uses his Cart as well off as upon the Pavement or any Brewer or Scavenger or other Person imployed in carrying away the Dirt and Soil in Lanes Streets and Alleys may use shod Wheels for Dray or Cart and narrower than Six Inches in the Fellies notwithstanding the former Act or any Law or usage to the contrary But this seems not to affect Cars and such as carry Merchants or Shop-keepers Goods By the Act 2 W. and M. no person or persons are to keep breed or feed Swine in any part of the House Backsides of the paved Streets of the said Cities Boroughs or Parishes where such Streets are contiguous on penalty of forfeiting them to the use of the poor of the Parish where such Swine shall be kept All Housholders in the Cities and Liberties of Westminster and Counties of Surry and Middlâ—sex comprized within the Bills of Mortality are by a new Act where their Houses adjoyn to and are near the Street to hang on the outside of their Houses next the Street every Night from Michaelmas-day to Lady-day Candles or Lights in Lanthorns from time to time as it shall grow Dark to continue burning till Twelve of the Clock in the Night on pain of forfeiting 2 s. for every Default unless such as shall agree to pay and make use of the Convex Lights or Lamps to be placed at such Distance in convenient places of the Streets as two or more Justices of the Peace shall approve of As for the several Acts for mending particular Ways Bridges c. they are very many and not concerning a Surveyor in general What is written may suffice not doubting but considering what is set down which is the most material it will in a great measure inform him well to discharge his Office to the Content and Satisfaction not only of the Parishioners but of the Laws requiring him in all respects to perform his Duty as a Trusty and knowing Surveyor or Scavenger FINIS