whereby he Commands an Inferior Officer to do something belonging to his Office are as follow First That the Warrant must be plain Rules and clear and not ambiguous and doubtful so that the Officer need not be forced to enquire what the Justice means Secondly That it be compleatly fill'd up and not left with Blanks in it Thirdly The usual form of the Warrant begins thus These are in Their Majesties Names to require you c. tho' it is sufficient to say These are to require you howbeit the Warrant doth carry the more Majesty in it when those Words are used in it Fourthly The Title of Direction may either be above the Warrant thus To the Constable of Dale Or in the body of the Warrant thus A. B. Esq c. To the Constable of D. Whereas c. Fifthly The Warrant may be directed to any Officer as the Sheriff his Bayliffs Constables Tithingmen c. Or To the Sheriff and to all Bailiffs High-Constables of Hundreds and Constables and Tithingmen of Towns and Parishes within the County of A. and every of them joyntly and severally Or it may be directed to these Officers and to others that are no Officers together Or to them that are no Officers alone thus To A. B. and C. D. both of E. in the County of G. and to either of them But this must be understood of Warrants of the Peace Good Behaviour and such like Warrants wherein the Justice of the Peace is left at liberty to direct his Warrant to whom he will For if the Law doth direct him to whom to send his Warrant as divers Acts of Parliament do some of them appointing him to direct his Warrant to the Constables some to the Constables and Churchwardens some to the Churchwardens some to the Constables or Churchwardens some to the Churchwardens and Overseers of the Poor in this case the direction of the Statute must be punctually pursued for it is dangerous to vary from it ever so little But where the Justice is left at liberty to direct it to whom he pleases it hath been thought the best way to direct it to a common and known Officer which is the High-Constable of the Hundred or Constable of the Town c. Sixthly The Warrant for an Arrest may be to require the Officer to bring the Offender before the Justice that makes the Warrant or before him or some other Justice of the County and either way is good Seventhly In every Warrant of the Peace or Good Behaviour where Sureties are to be found the Warrant ought to contain the special Cause or Matter that the Party arrested may provide Sureties But if it be for some great Crime the cause may be concealed Eighthly In every Warrant to command an Officer to carry a man to Gaol 't is usual to insert a Clause to the Gaoler at the end of the Warrant to this purpose That you him convey to the Common Gaol of this County and him deliver to the Gaeler or his Deputy there who are hereby required him to receive and detain until he shall from thence be delivered by due course of Law And note that 't is usual and a good Close of every Warrant sent to an Officer to require him to give an account how he hath executed it in this manner And that you be then there with this Precept to give us an account of your Execution of it Or thus That you give me an account within 14 Days next following of your Execution of my Warrant Ninthly Note there is very little difference between a Warrant of Commitment and a Mittimus for both are to do one thing and they differ a little only in the Form Tenthly Where a Statute doth give Power to a Justice of Peace to compel men to do any thing he may send his Warrant to require them to come before him and if they refuse he may proceed at Law Eleventhly The Justices of the Peace may send their Warrants for any thing that doth relate to a special Sessions either to compel Appearance or Attendance there or Execution of any thing there done under their own Hands or by the Clerk of the Peace as the business of the Quarter-Sessions is done Twelfthly Observe That where a Statute is penned thus that the Constables or Churchwardens by a Warrant from a Justice of Peace shall be enabled to do a thing in this case the Justice may justifie the making of such Warrant Some Precedents of Warrants 1. WArrants and Precedents relating to the exercise of the Office of a Justice of Peace out of the General Sessions are of several sorts viz. They concern either Treasons Felonies Misprisions Praemunires Forcible Entries Forcible Detainers Riots Routs and Unlawful Assemblies Security of the Peace and Good Behaviour or other Misdemeanors or Offences of several sorts 2. As concerning Treasons and Felonies upon Information made of any Treason or Felony committed any one Justice of the Peace may direct his Warrant to the Sheriff or to the High-Constables or Petty-Constables or to all or any of them to make search for the Traytors or Felons and also for stoln Goods The Form of a Warrant to Apprehend a Traytor J. G. Esq One of Their Majesties Justices of the Peace within the County of N. To the Sheriff of the said County and to all High-Constables Petty-Constables and other Their Majesties Officers Greeting c. Whereas L. M and R. S. are vehemently suspected to have committed Treason whereof I have received Information These are therefore in Their Majesties Names streightly to charge and command you and every of you upon sight hereof without delay within your several Bailiwicks Hundreds and Constablewicks to make diligent search for the Bodies of the said L. M. and R. S. and them and either of them so found to arrest and attach and immediately upon such arrest to bring before me at my House at B. in the said County Whereof fail not at your peril Sealed with my Seal and Dated the 7th Day of M. in the Third Year of the Reign of our Sovereign Lord and Lady William and Mary King and Queen c. The like Warrant may be made for the apprehension of Felons A Warrant for keeping the Peace Essex ss A. B. and C. D. Esquires To the Sheriff of the same County and to all High-Constables and Petty-Constables and other Ministers and Officers appointed to keep the Peace within the same County Greeting Whereas we are informed that there is a great Meeting appointed to be had at E. within this County upon the 1st Day of February next under pretence of a Fair then and there to be kept or under pretence of a Cock-fighting to be there had or under pretence of a Race to be there Run and the like when and where by occasion or under colour thereof it is suspected there may be some notorious Breach of the Peace by a Fray Riot Insurrection or otherwise For the preventing whereof and the keeping of the
them and commit them to Prison and if he be inform'd of such as haunt Bawdy-Houses or other suspicious Places or of any lewd Man and Woman that are together and about to be incontinent and lewd he may take assistance with him and Arrest them 13 Ed. 1. 4. Cromp. 6. 12 H. 7. 18. Fitz. Just 200. If any be about to make an Assault or His Authority about an Affray Affray the Constable may in the King's Name command them to forbear and depart on pain of Imprisonment Dalt fo 33. And this he ought to do or he may be Fined for his neglect if it be presented by the Inquest at the Sessions of the Peace Cromp. 146. Tho' some say If he be sent for to keep the Peace and will not come he shall not be Fined But Quaere If they will not surcease but still threaten To put the Affrayers in Stocks c. to beat hurt or kill one another and fly into fury and passion he may commit the Offenders to the Stocks or in other safe Custody until such time as he can carry them before some Justice of the Peace to find Sureties for their Beaviour Dalt ca. 1. fo 4 5. 118 340. 3 H. 4. 9 10. But if there be nothing but Words it seems the Constable may not lay hands on them Dalton 34 158. Secondly If they draw Weapons or give He may require Assistance Blows the Constable may command others to assist him and if the Affrayers make resistance against him he may justifie the beating or wounding of them and setting them in the Stocks and it shall be murder in the Affrayers if they kill the Constable or any that assist him And if any person be dangerously hurt in the Affray the Constable * Note that in such case any other person may arrest the Offender may arrest the Offender and carry him to a Justice of Peace who is either to Bail him or Commit him to Prison until it be known whether the Party hurt will live or die 4 Co. 4. 9 Co. 66. Lamb. 135. Dalt 33. If an Affray or Assault be made upon Affray upon the Constable the Constable he may defend himself and put the parties in the Stocks till he can carry them to a Justice of Peace or to the Gaol and he may call others to assist him to do this who may justifie the doing of it Dalton 35. Kitch 69. If a Constable or any of his Assistants Hurting the Constable or his Assistants shall be hurt in an Affray they may have good remedy but if the Affrayers be hurt in resistance they shall have no remedy against them Lamb. 141 142. 21 H. 7. 21. Thirdly After an Affray or breach of Warrant where requisite the Peace be over it is said That the Constable without a Warrant cannot arrest the Affrayers except some person be dangerously hurt as he may before or during the Affray 38 H. 8. 6. But quaere Quaere Pursuit of Affrayer For it s said That if the Affrayers when they see the Constable come to arrest them shall fly into a House by which it seems the Affray is over the Officer may in fresh pursuit of them ex Officio break open the Doors and apprehend them and if they fly into any Franchise within the County he may follow and take them nay though they fly into another County yet he may pursue them and cause them to be taken there but then in this last case out of the County he can meddle no further but only as Assistant to the Constable there to carry them before some Justice to cause them to find Sureties and so much every private man may do Dalton 28 29 33 34. Lamb. 135 143 144. Cromp. 146. And it is also said That if an Affray Affray in a House and the Doors shut be in a House and the Doors are shut and tho' none of the Parties have taken any hurt yet the Constable may ex Officio break into the House to see the Peace kept See Dalton ca. 8. fo 33 34. and Lamb. 135. It has been held That the Constable might Ex Officio take Sureties for the Peace Trin. 35. Eliz. Skarrets Case But it was then the opinion of others that he ought to carry the Offender before a Justice and this is the usual and safest way And 't is held that though a Constable may do what he can to keep the Peace yet he cannot at the request of any man take surety of the Peace Cromp. 6. 12 H. 7. fo 18. a. 3 H. 4. 9 10. Kitchin fo 69. a. Dalton fo 4. 5. ☞ Secondly For the arresting such Arresting persons offensively arm'd Persons as Ride or go Offensively Arm'd you must observe That if any Person shall Ride or go Armed offensively before their Majesties Justices or any other their Officers or Ministers in the time of executing their Office or in Fairs or Markets or elsewhere by Day or by Night in affray of their Majesties Subjects and breach of the Peace or wear or carry any Daggers Guns or Pistols Charged The Constable upon sight thereof may seize and take away their Armour and Weapons and have them apprized as forfeited to their Majesties and may also carry the Persons wearing them before a Justice to give Surety to keep the Peace 2 Ed. 3. ca. 3. 7 R. 2. 13. 20. R. 2. c. 1. Dalton Just ca. 9. fo 35. and 159. But their Majesties Servants in their presence Who may be arm'd and when Sheriffs and their Officers and other their Majesties Ministers and such as assist them to execute their Office and all Persons pursuing Hue and Cry in case of Felony and other Offences against the Peace have lawful Authority to bear Armour or Weapons Dalt ca. 9. fo 36. 5 Co. fo 72. 3 Co. Iust fo 162. The Constables have further Authority to search for Arms but this is by Warrant of which more hereafter As to Riots Routs c. Nota That Sheriffs Suppressing of Riots c. Constables and all other their Majesties Officers shall suppress Rioters and imprison them and all other Offenders against the Peace 17 R. 2. ch 8. All their Majesties Leige people upon Assistants warning shall be assistant to the Justices Commissioners Sheriff and Undersheriff upon pain of Imprisonment and to make Fine and Ransom to their Majesties Stat. 2 H. 5. 8. Dalton J. P. ca. 46. fo 114. It is to be Noted That when three or What may be called a Riot Rout or unlawful assembly more Persons do assemble themselves together to and with the intent to beat or mayhem a Man to pull down a House Wall Pales Hedge or Ditch wrongfully to claim or take Common or a way in a Ground to destroy any Park Warren Dove-house Pond Pool Barn Mill or Stack of Corn or to do any other unlawful act with force and Violence and against the Peace and in manifest terror of
which shall pursue the Hue and Cry may attach and stay all such persons as in Suspected persons their search and pursuit they shall find to be suspicious and thereupon shall carry them before some Justice of Peace of the County where they are taken to be examined where they were at the time of the Felony committed and if any default be in the Officers they may be fined by the Justices for their neglect Dalt cap. 28. fo 75. No Hue and Cry shall be deemed legal Nota. unless the pursuit be both by Horse and Foot 27 Eliz. 13. And the Hundred where fresh Suit shall Hundred Fin'd for not making Fresh suit cease in case of Robbery shall answer half the Damages to the Hundred wherein the Felony shall be committed to be recovered in any Court at Westminster in the Name of the Clerk of the Peace of the County wherein the Felony was committed and here the death or change of the Clerk of the Peace shall not abate the Suit When in this case Damages are recovered Tax how to be levied against any one or some few Inhabitants of the Hundred and the rest refuse to contribute thereunto two Justices of the Peace one being of the Quorum dwelling within or near the same Hundred shall for the levying thereof set a Tax upon every Parish within that Hundred according to which the Constables and Headburroughs of every Town shall tax the particular Inhabitants and levy the Mony upon them by distress and sale of Goods and deliver the Mony levied to the said Justices or one of them and restoring the Overplus to the party distrain'd 17 Eliz. 13. And note That no Hundred shall be One of the Felons taken chargeable when any one of the Malefactors shall be apprehended or when the Action is not prosecuted within one year after the Robbery committed 17 Eliz. 13. Concerning Escapes c. THe voluntary letting of a Felon to Concerning Escapes suffered by Constables Escape before he be arrested for the Felony is no Felony in the Party that suffereth him to Escape But if the Constable suffers one to Escape when he knows he hath committed a Felony in such case he may be Indicted and Fined for suffering the Escape And it s said That if the Felon be under Voluntary Escape made Felony arrest of the Constable or any other for Felony or Suspicion thereof and the Constable or other person who so hath him a Prisoner voluntarily le ts or suffers the Felon to go at liberty where he will this is Felony in the Gaoler Constable or other person that so letteth him Escape but it is no Felony in the Prisoner because he broke not the Prison But if such a Prisoner shall Escape Negligent Escape by the negligence of his Keeper and against his Will and knowledge then it is Felony in the Prisoner because a breach of Prison and the Gaoler Constable c. may be Fined by the Judges or Justices for such Escape Stamf. 32 44. Dalton fo 272. Bro. Escape 31. Dyer 99. If a Constable or other Officer voluntarily Felon destroys himself suffer a Thief to kill hang or drown himself this is said to be an Escape and Felony in the Constable But if this be done unawares to the Constable and without his consent then is such an Escape but negligent and fineable And note that such a Thief so Constable fined killing or drowning himself is said to be Felo de se in reference to the destroying himself Dalton fo 272. If a man be arrested only on suspicion Where the Constable may discharge the Prisoner of Felony and it appear afterwards there was no such Felony committed then may the Constable or Officer discharge the Prisoner and it is no Escape where there was no Felony But on the contrary if one be arrested upon Suspicion and there is really a Felony committed and though after the Arrest the Officer is satisfied that the Party arrested is not guilty Yet he cannot discharge him but he must be set at Liberty by due course of Law for otherwise it will be a voluntary Escape and Felony or at least fineable Dalton fo 275. Cromp. 40. If a Private person as he may in many Arrests made by Private persons cases arresta nother as in case of a dangerous Affray Suspicion or knowing one to have committed Felony or one that is apparently about to commit a Felony or one that hath dangerously Wounded another or Night-Walkers that are dangerously suspicious c. He ought to carry and deliver the Prisoner to a Constable Headburrough Constable charged or Tithingman c. and they are bound to secure the Party arrested Dalton fo 338. 20 Ed. 4. 6. And note That where a Constable or Prisoner Pinion'd and Fetter'd Officer shall imprison any Felon in the Stocks he may lock the Stocks and may also if he see need put Irons on the Prisoner And when he is about to convey him to the Justice or Gaol he may Pinion him or otherwise to secure him that he cannot Escape Dalton fo 342. And when the Constable carries any How the Constable may deliver up the Prisoner such Felon or suspected Felon to the Gaol the Gaoler is obliged to receive him But if he refuses then the Officer may either keep the Prisoner in his own House or carry him back to the Town where he was taken and the Town in the last case it s said shall be charged with the keeping of him until the next Gaol-delivery where upon Complaint against the Gaoler they will punish him for his Refusal Dalt 340 341. 10 H. 4. 4 Ed. 3. ca. 10. Poulton Prison 6. But it may be the best and safest way to carry him to a Justice if conveniently it may be done In case where a Justice of Peace Constable Felon taken in another County or other Officer comes to a Felon to arrest him and he perceiving it flies into another County before he can be taken and he is there taken in such case the Felon must be carried before some Justice of the Peace of that County where he is taken and must be committed to the Gaol of that County altho' the Felony was committed in another County Dalton fo 340. Bro. Impris 25. ☞ Fourthly To see the Watch be duly kept in the Town c. The Constables c. of every Town are Watch in what time of the year to cause Night-Watch to be kept from Ascension-day till Michaelmass from Sun-set until Sun-rising viz. in a City with Six men at every Gate in a Burrough with Twelve men and in every Town with Six or Four men according to the number of the Inhabitants there If any Stranger pass by them he shall be arrested until the Morning when if they have no suspicion of him they shall let him go quit but if otherwise they shall deliver him to be safely kept c. And
to a Constable and they may be bound to their good Behaviour by a Justice See 2 E. 3. 6. Dalt fo 16. Poult 18. Lamb. 122. For the rest of the Idle persons I think Orchard-Robbers Hedge-Breakers Wood-Stealers c. we may reckon up such as cut down Wood or Corn or rob Orchards and the like And therefore observe That all such as shall be convicted before a Justice of Peace for cutting and taking away of Corn growing Robbing of Orchards Breaking Hedges c. and their Procurers and Receivers knowing the same if they cannot make such Satisfaction as the Justice shall think fit the Justice may then commit them to the Constable to be Whipt either for the first or second Offence and if the Constable refuse or neglect to see them Whipt the Justice may commit him to Gaol till he will do it or procure it to be done Stat. 43 Eliz. cap. 7. And by the Statute 15 Car. 2. cap. 2. Constables Constables may apprehend suspected persons Headburroughs or other Inhabitants in County City or Town Corporate c. may apprehend whom they suspect having or conveying any Wood Underwood Poles or young Trees Bark or Bast of Trees or any Gates Stiles Posts Pales Rails Hedge-wood Broom or Furze and by Warrant from a Justice of Peace the May search suspected Houses Officers may search the Houses and other places belonging to those they suspect and where they find any may carry persons suspected for cutting and taking the same before a Justice of Peace of the County City or Town Corporate where if they give not such account how they came by them as doth satisfie the said Justice or in convenient time to be set by the Justice produce not the Party of whom they bought the same or some Witness to depose upon Oath such Sale shall be deemed as Convicted within the meaning of 43 Eliz. cap. 7. and be liable to the Punishment Punishment therein contain'd And also for the first Offence shall make such Recompence and within such time as the said Justice shall appoint and pay to the Overseers for the Poor of the Parish where the Offence was committed such Sum not exceeding 10 s. as such Justice shall think meet and in default thereof to be committed to the House of Correction for any time not exceding a Month or else to be Whipt by the Constable c. and for the second Offence to be sent to the House of Correction for a Month and be kept to hard Labour and if convicted of the third Offence they shall be deemed Incorrigible Incorrigible Rogues Penalty upon the Buyer of stoln Wood. Rogues 15 Car. 2. cap. 2. And if any person buy Wood c. of any other justly suspected to have stoln the same and this be so found upon Examination before a Justice the Justice may order the Buyer to pay the treble Value thereof to the Party from whom it was taken and in default of present Payment make a Warrant to the Constable to distrain for it and for lack of Distress to commit the Party to the Gaol at the Parties own charge there to remain one Month without Bail or Mainprize 15 Car. 2. cap. 2. But non shall be questioned upon this How and when to be prosecuted Law that hath been punished for the same Offence by any former Law nor after six Weeks after the Offence committed shall any Question thereof be made 15 Car. 2. cap. 2. ☞ Sixthly To have a watchful Eye to such as shall keep Common and Unlawful Gaming-Houses and to such Persons as shall frequent the same Every Mayor Sheriff Bailiff Constable Search for Gaming-Houses c. 48 s. and other Head Officer within every City Burrough or Town shall make due search once every Month at least in pain to forfeit 48 s. for every default in all such Houses and places where unlawful Games Imprisonment till Security shall be used and may arrest and imprison as well the Keepers of the House as the Resorters thereunto until they shall severally give good Security at the discretion of the Justices or such Officers not to keep such Games any more 33 H. 8. ca. 9. And for distinguishing what are unlawful Unlawful Games and Gamesters Games and who are unlawful Gamesters It is Enacted by the said Statute 33 H. 8. cap. 9. That no Artificer or his Journyman no Husbandman Apprentice Labourer Servant at Husbandry Mariner Fisherman Waterman or Servingman shall play at Tables Tennis Dice Cards Bowls Clash Coyting Loggating or any other unlawful Game out of Christmass or then out of their Masters house or presence in pain of 6 s. 8 d. But this Act shall not restrain a Servant by his Masters Licence to Play at Cards Dice or Tables with the Master himself or other Gentlemen resorting to his Masters House And if his Master have Freehold of 100 l. per Annum he may also Licence his Servants to play at Bowls or Tennis 33 H. 8. ca. 9. And Note That all Licences to keep Licenses void Houses or Places of Unlawful Games shall be void by Stat. 2 3 Phil. Ma. cap. 9. ☞ Seventhly At your Assizes You shall present all Offences contrary to the Statutes for the restraint of inordinate haunting and Tipling in Inns c. for the repressing of Drunkenness and profane Swearing No Innkeeper Victualler or Alehouse-keeper No Alehousekeeper to suffer Tipling shall suffer any Town-Dwellers to sit Tipling in his House in pain of 10 s. nor sell less than a full Ale Quart of the best Ale or Beer or two Quarts of the small for 1 d. in pain of 20 s. And here the View of one Justice or proof by one Witness upon Oath or the Parties own Confession before one Justice is sufficient Conviction 1 Jac. 9. And the Oath of Conviction 1 Jac. 9. 21 Jac. 7. 1 Car. 4. Distress the Party confessing shall convince any other The Penalties aforesaid are given to the Poor of the Parish where the Offence is committed and are to be levied on Warrant by the Constable and Churchwarden by Distress which after six Days may be sold to satisfie the Penalty And in default of Distress the party Delinquent must suffer Imprisonment till he pay the Penalty Imprisonment And here every Officer that neglects to levy the said Penaltie or certifie within 20 Days the default of Distress shall forfeit likewise to the Poor 40 s. to be Officer forfeits 40 s. levied upon Warrants from one Justice by distress and sale as aforesaid and upon default of Distress shall incur Commitment as aforesaid The Officers or other Parties receiving Officers accountable these Penalties shall be accountable to the succeeding Officers and other Parishioners One convicted of Drunkenness in Court One convicted of Drunkenness or before a Judge or Justice in their several limits or by the View of one Justice or proof by one Witness upon Oath
December 1690 shall offer to sell Hay of less weight shall forfeit for each Truss 18 d. The Conviction of these Offences to be Constables c to levy the Penalties of these Offences either by the View of one Justice Confession of the Party or one Witness upon Oath The Penalties of all the said Offences to be levied by distress and sale by the Constables or Headburroughs upon Warrant under Hand and Seal of one Justice rendring Overplus In default of Distress or Payment within Imprisonment for lack of Distress six Days after demand or notice left by the Constable c. at the Offenders House Offender is to be committed to the Common Gaol by Warrant from one Justice to remain until payment The Forfeitures to be disposed one Forfeitures how to be disposed moiety to the Overseers for the Relief of the Poor of the Parish where the Offence is committed the other to him or them that shall discover and prosecute for the same in case the conviction be by discovery and prosecution But if by View of the Justice c. then the whole to the Poor unless and if for a default of Payment then one moiety to be towards the repairing and cleansing the Streets to be paid to the Scavengers And note by this Act The Wheels of Penalties on such as make the Wheels of their Carts contrary to the Statute Carts Carrs and Drays used for Carriage from place to place in the Cities of London and Westminster and Parishes aforesaid where the Streets are Paved shall contain six Inches in the Felley in breadth without any Iron-work and to be drawn only by two Horses after they are up the Hills from the Water-side upon penalty of 40 s. every time to be levied as aforesaid But this Act not to extend to Country Carts or Wagons bringing Goods to the Cities or Places aforesaid or that shall carry any Goods half a mile beyond the Paved Streets of the said Cities and Places And note further That no Person in Forfeitures on Hog-Keepers in London Westminster c. The Swine c. forfeited Constables c. may search and seize such Swine London Westminster Southwark or the Parishes aforesaid shall breed feed or keep any sort or manner of Swine within any part of the Houses or Backsides of the Paved Streets where the Houses are contiguous upon pain of forfeiting them to the Churchwardens and Overseers of the Poor of the Parish for the use of the Poor The Constable Churchwardens Chapelwardens Overseers Beadles Headburroughs or Tithingmen of the respective Parishes c. or any of them may by Warrant from the Mayor of London or any other of their Majesties Justices of the Places respectively search to find such Swine and to seize and sell them and to deliver the Mony to the Churchwardens or Overseers to be distributed to the Poor as they shall think fit And for cleansing and keeping clean the London Streets how to be cleansed and kept Streets Lanes and Passages of London and the Liberties thereof It is Enacted That the same shall be ordered and managed and Rates and Impositions laid and levied and all other ways and means used and observed according to the ancient usage and custom of the said City The Lord Mayor or any Alderman of Nusances there presented the City upon his own proper knowledge and view may present in open General Sessions the laying of any Ashes Soil Dust or Rubbish or other nusance or obstruction in the Streets Lanes or Passages And the Lord Mayor and Justices at the Sessions may thereupon immediately assess Fines not exceeding 20 s. for any one Offence and the Fines shall be levied and paid to Fines assessed and levied the Chamberlain of the City for the use of the City to be employed in the publick Payments of the same City And such as shall be Prosecuted for acting General Issue pleaded and Acts given in Evidence by virtue of this Statute or the Statute made 23 Car. 2. for the better Paving and Cleansing the Streets and Sewers in and about the City of London may plead the General Issue and give the said Acts or either of them in Evidence 2 W. M. Four Justices are authorized to allow a Tax for Repair of Bridges in the High-ways Tax for Repair of any decay'd Bridges in the High-way which must be assessed by the Constable and two of the sufficientest Inhabitants in the Parish But this is where a Common Bridge in the Kings Highway is in decay and that it cannot be proved who nor what Lands are chargeable to the Repairing thereof Stat. 22 H. 8. cap. 5. CHAP. XIV About Horses COnstables have something to do in Constables to measure Stoned-Horses assisting such as seize for any Man may seize Stoned-Horses of lesser statute than is allowed by the Statute and to measure the same viz. any Stoned-Horse being Two years old and not Fifteen Hands high from the lower part of the Hoof to the upper part of the Wither on pain of 40 s. between the King and Prosecutor such Horses being put to feed upon Forests or Commons Except Commons where Mares are not usually kept Stat. 32 H. 8. 13. 8. Eliz. cap. 8. But if such Horses make an Escape into a Common he is not to be questioned Fen-Grounds of the Isle of Ely and of the Counties of Cambridge Huntingdon Northampton Lincoln Norfolk or Suffolk are excepted and there the Horses need be but 13 Hands high Ibid. Constables also are to assist at Michaelmass And to assist at the Driving of Forests or within 15 days after to drive Forests and Common Grounds on pain of 40 s. And they may also drive them at any other time and so may the Keepers and Owners of the Ground 32 H. 8. 13. This Act extends not to Cornwall CHAP. XV. About Hunters and Hunting-Dogs c. COnstables c. upon a Warrant under Constables to search for Dogs Nets Snares and Engins the Hands and Seals of two or more Justices of the Peace have Power to search the Houses of Persons suspected and not qualified to keep Setting-Dogs or Nets Snares and Engins to take Pheasants or Partridges c. and may take away their Dogs and cut their Nets c. Stat. 7 Jac. cap. 11. 22 23 Car. 2. cap. 25. Also to levy upon a Warrant from a Justice by distress the Forfeiture of such as course kill hurt or take away Deer Conies c. in Parks Warrens or other Grounds where they are kept 13 Car. 2. cap. 10. 22 23 Car. 2. cap. 5. See Wingate's Abridment Tit. Hunters and Hunting CHAP. XVI About Malt. COnstables and Bayliffs of Towns Constables to view and sell Malt badly made ought to view and search the Malt there made or put to sale and if they find any ill or deceitfully made or mingled they may with the Advice of any one Justice of Peace cause the same