act, or thing imposed or required upon or from such sheriff or clerk, bailiff or officer, in manner by this act directed, then, and in every such case, such sheriff, bailiff, or officer, or clerk so refusing or neglecting, shall forfeit and pay the sum of 501., to be recovered by any person or persons who will sue for the same, together with full costs of suit, by action of debt or on the case, in any of his Majesty's courts of record at Westminster, wherein no essoign, protection, wager of law, or any more than one imparlance shall be allowed." 3. Lerying &c. of when taken before justices, &c. 3 Geo. 4, c. 46. appropriating Sect. 11. Nothing in this act contained shall extend or be construed Proviso for the to extend so as to prevent or interfere with the appropriation of any usual mode of such fines, issues, amerciaments, forfeited recognizances, sum or sums of times. money, when so paid or accounted for into the said Court of Exchequer by any such sheriff, bailiff, or officer, but the same shall and may be applied, disposed of, and appropriated in such and the like manner as such fines, issues, amerciaments, forfeited recognizances, sum or sums of money paid in lieu or satisfaction of them or any of them, paid into the Exchequer, were applied, disposed of, and appropriated before the passing of this act." Proviso for rights, &c. of his Ma Lancaster. Sect. 12. "It shall be lawful for the lords commissioners of his Ma- Compensations jesty's Treasury to make such compensation as they may think fit, for to officers. the loss of any legal fees occasioned to the officers thereof, or to the officers of the court of the duchy of Lancaster, by this act." Sect. 13. "Nothing in this act contained shall extend or be in any ways prejudicial to the rights, liberties, or privileges of the King's most excellent Majesty, his heirs and successors, in right of his duchy or county palatine of Lancaster; but that the same rights and privileges shall be enjoyed and used in all respects, and to all intents and purposes whatsoever, in the same manner and form as they were before the passing of this act; any thing herein contained to the contrary notwithstanding." Sect. 14. "All and every the clerk and clerks of the peace, and all town-clerks, within that part of the United Kingdom called England, do and shall, on or before the second Monday after the morrow of All Souls yearly in every year, make and deliver into the Court of Exchequer a true and perfect duplicate on* certificate (b) of all such fines, issues, amerciaments, forfeited recognizances, and sum or sums of money, and other forfeitures whatsoever paid in lieu or satisfaction of them or any of them as shall be contained in the several rolls or copies which shall be so sent out to the sheriff for the purpose of levying as aforesaid, and which shall have been set, lost, imposed, or forfeited, in any of the said sessions of the peace which shall be held before Michaelmas in each year, to the intent that the sheriffs, on their apposals in the said Court of Exchequer, may be charged in their accounts with the moneys levied and received by him or them respectively upon such writs or otherwise, and that all parties entitled to any such fines, recognizances, or other forfeitures, or any portion or portions thereof, may be at liberty to claim the same before the foreign apposer (a) See further, 4 Geo. IV. c. 73, $ 5, post, 38. (b) This must be delivered in by the clerk of the peace on oath, in pursuance of the 4 & 5 Will. & Mary, c. 24, ante, 27, which, in this respect, is unrepealed. (Er parte Hodgson, 1 M. & R. M. C. 346; 2 Y. & J. 142, S. C.) On non-compliance with the above provision, the clerk of the peace might be amerced. The returns are made from Michaelmas to Michaelmas, and the oath must cover that period. See, as to before whom the oath may be taken, See form of the oath, ante, 27. The jesty in Duchy of a Clerks of peace, Exchequer yearly certificate of fines, &c. paid (a). &c. to deliver into • Sic. of the said Court of Exchequer, according to the ancient course and practice of the said court." Sect. 15. "Nothing in this act contained shall in any sort extend or be construed to extend to the prejudicing the rights and privileges of any bodies politic or corporate, or their successors, or of any lord or lords of any manor, liberty, or franchise whatsoever; any thing herein* to the contrary thereof in anywise notwithstanding." Sect. 16. "Nothing in this act contained shall extend or be in any ways prejudicial to the rights, customs, privileges, liberties, charter or charters of the city of London; but that the said city may enjoy the same accordingly, as they formerly have enjoyed the same, in all respects and to all intents and purposes whatsoever, in the same and in as full and ample a manner as they before this act had enjoyed the same; any thing herein contained to the contrary thereof in anywise notwithstanding." George the Fourth, by the grace of God of the United Kingdom of Great You are hereby required and commanded, as you regard yourself and all yours, in the county of the keeper of the rolis of year of day of in the C. P., Clerk of the peace. , are bound in the sum of Schedule (B). County of Schedule (C). ↑ Sic in act, but the word "who" or" and " is omitted. Take notice, that you , of to wit. S pounds, and your sureties in the sums of pounds each, to appear at the quarter or general sessions of the peace for the county of to be holden at next, and unless you personally make your appearance accordingly, the recognizances entered into by yourself and securities will be forthwith levied on you and your bail. Dated this day of one thousand To the sheriff, [bailiff, or officer, as the case may be] of the county, [city, borough, or place, as the case may be] of Whereas hath appeared before the justices assembled at the general or quarter sessions [as the case may be] held at the on the day of has forfeited the sum of [here describe the nature of the fine or forfeiture], and having made it appear to the satisfaction of the justices so assembled, that he should be relieved from the payment of the said sum of [or, if the penalty is mitigated, state from what part thereof], you are therefore hereby required to discharge the said sum of from the estreat roll delivered to you after the quarter sessions held at for which discharge this warrant shall be your authority, and shall exonerate you from the said charge on the final passing of your accounts at the Exchequer, or before any other officer duly authorized to pass such account. By order of the Court. 3. Levying &c. of when taken before justices, &c. 4 Geo. 4, c. 37. Justices in sessions may insert in following rolls all have not been levied or accountsheriff &c. or that have not been such fines &c. as ed for by the discharged. Sheriff to detain original writs, tinue in force, and be authority which shall con to act upon. Stat. 4 Geo. IV. c. 37, s. 1, (which is an exposition of the 3 Geo. IV. c. 46), after reciting stat. 3 Geo. IV. c. 46, enacts, "That it shall be lawful for the justices assembled at any general or quarter sessions of the peace, and they are hereby authorized and required, at the following or any subsequent general or quarter sessions held after the return of the writ and roll issued from any preceding general or quarter sessions, at the opening of the court, to insert or cause to be inserted in any following roll, all such fines, issues, amerciaments, forfeited recognizances, sum or sums of money to be paid in lieu or satisfaction of them, or any of them, which have not been duly levied or recovered or properly accounted for by the sheriff, bailiff, or other officer, or have not been discharged on appeal before the general or quarter sessions, or by sign manual, warrant, or authority of any three or more of the commissioners of his Majesty's treasury of the United Kingdom of Great Britain and Ireland, and so to continue such process from sessions to sessions, till it shall be duly ascertained, to the satisfaction of the said commissioners of his Majesty's treasury, that the party in default has not any goods or chattels, lands or tenements, in the county, division, riding, city, town or place, on which a levy can be made, nor in any other county, division, riding, city, town or place in Great Britain, and that he is not to be found, or that his body cannot be lodged in any of his Majesty's gaols; provided always, that the said sheriff, bailiff, or other officer to whom the writ of distringas and capias, or fieri facias, or other writ deemed necessary by the justices at any such general or quarter sessions, to meet the exigency of the case, shall be sent by order of the said court, shall keep and detain in his possession the writ or writs so directed to him, and the roll or rolls attached to such writ or writs, delivering to the said court of general or quarter sessions a copy of such roll or rolls, on the first day of the sitting of the said court, and also a copy of any former roll or rolls, where the fines, issues, amerciaments, forfeited recognizances*, sum or sums of money paid or to be Sic. paid in lieu or satisfaction of them, or any of them, shall not have been delivered; and such original writ and roll, or writs and rolls, shall continue in force and effect, and shall be sufficient authority, without any further writ or roll; and such sheriff, bailiff, or other officer, is hereby authorized and required, on quitting his office, to deliver over to his successor all rolls and writs in his possession, particularising any fines, issues, amerciaments, forfeited recognizances, sum or sums of money paid or to be paid in lieu or satisfaction of them, or any of them, in order that the sheriff, bailiff, or other officer coming into office, may use every means in his power for recovering the sums so unpaid, and not charged to his predecessor on the passing of his accounts at the Exchequer, or before any auditor or auditors, or other person duly authorized to pass the same, the officer or officers intrusted with the execution of the process in any county, division, riding, city, town, or place, being first duly and diligently examined on oath by the court, at to be examined the delivery of the roll, on the first day of each general or quarter sessions, and in case such examination should not then take place, then on the subsequent day; and every such examination shall be duly recorded by the clerk of the peace or town-clerk, or other proper officer, in order that such sheriff, bailiff, or other officer, may be chargeable, with all sums not satisfactorily accounted for on the final passing of his accounts." Sect. 2 repeals sects. 7 and 8 of stat. 3 Geo. IV. c. 46. Sect. 3. In all cases where the party incurring or subject to any fine, issue, amerciament, forfeited recognizance, sum or sums of money to be paid in lieu or satisfaction of them or any of them, shall reside or shall have fled or removed from or out of the jurisdiction of the sheriff, bailiff, or other officer, in which any such fine, issue, amerciament, forfeited recognizance, sum or sums of money to be paid in lieu or satisfaction of them, or any of them, shall have been incurred, imposed, or forfeited, or become due, it shall be lawful for such sheriff, bailiff, or Sheriff, on quitting office, to successor all rolls cularising fines, and writs, parti deliver over to his and examination recorded. sic. Where party subject to fines &c. resides in another county, or has removed, sheriff may issue his war ant to sheriff where defaulter resides, or where acting for place his goods are 3. Levying &c. of when taken before justices, &c. 4 Geo. 4, c. 37. him to execute the writ. Returns thereon. Sheriff, &c. to yearly of all persons incurring fines, &c. * Sic. Sic. Causes of non- other officer, and he is hereby authorized and required to issue his warrant, together with a copy of the writ, directed to the sheriff, bailiff, or other officer acting for the county, riding, city, borough, or place in which such person shall then reside or be, or in which any goods or chattels or other property shall be found, requiring such sheriff, bailiff, or other officer to execute such writ, and every such last-mentioned sheriff, bailiff, or other officer is hereby authorized and required to act in all respects under such warrant, in the same manner as if the original writ had been delivered to him by order of the court of the general or quarter sessions of the county, riding, city, borough, or place for which such sheriff, bailiff, or other officer shall act; and the said sheriff, bailiff, or other officer is hereby required, within thirty days after the receipt of such warrant, to return to the sheriff, bailiff, or other officer, from whom he shall have received the same, what he shall have done in the execution of such process, and whether the party shall have given good and sufficient security to appeal at the ensuing general or quarter sessions to be held for the county, riding, city, borough or place from which the writ issued; and, in case a levy shall have been made, to pay over all moneys received in pursuance of the warrant to the sheriff, bailiff, or other officer from whom he shall have received the same." Sect. 4. "Every sheriff, bailiff, or other officer acting for any county, render an account division, riding, city, borough, or place, shall, and he is hereby required, to make up or cause to be made up annually, and immediately after the expiration of the year for which he shall act, or after the usual period for making up his account, in case he shall act under any grant, appointment, or other authority, for a longer period than one year, an account in writing, containing the names and residences of all persons incurring fines, issues, amerciaments, forfeited recognizances, sum or sums of money, paid or to be paid in lieu or satisfaction of them or any of them, which he has been authorized or required to levy, by virtue of any writ or writs issued to him, or to any predecessor in office; and in case any fine, issue, amerciament, forfeited recognizance*, sum or sums of money paid or to be paid in lieu or satisfaction of them or any of them, shall not have been levied or paid, the causes of non-payment shall be fully and particularly stated; and such account such sheriff, bailiff, or other officer is hereby required to transmit, within thirty days from the expiration of the year for which such account ought to be made up, to the commissioners of his Majesty's treasury, or at or within such other period as such sheriff, bailiff, or other officer shall be required by the said commissioners of his Majesty's treasury, or any three or more of them, in order that such account may be duly examined, checked, and inspected under the direction of the said commissioners of his Majesty's treasury, or any three or more of them; and when so examined and approved, such account shall be transmitted to the proper officer in the court of Exchequer, or to the auditor or other officer duly authorized to pass such account." Account to be transmitted to the Treasury. Clerks of peace &c. to send to the Treasury within twenty days from opening of quarter sessions, copy of * Sic. Recognizances in certain cases not Sect. 5. "Every clerk of the peace, and town clerk, or other proper officer, is hereby required, within twenty days from the opening of the court of general or quarter sessions, to send to the commissioners of his Majesty's treasury, a copy or an extract of the roll or rolls delivered by the sheriff, bailiff, or other officer, on the first day of the opening of such court of general or quarter sessions in such form as shall be required by the said commissioners of his Majesty's treasury, also the causes of discharge in case any person shall have been relieved on appeal to the said court of general or quarter sessions, and the answer given by any sheriff, bailiff, or other officer to such court, where any fine, issue, amerciament, forfeited recognizance*, sum or sums of money paid or to be paid in lieu or satisfaction of them or any of them, has not been received by such sheriff, bailiff, or other officer duly authorized to receive the same.' The 7 Geo. IV. c. 64, s. 31, reciting, that, "the practice of indiscriminately estreating recognizances for the appearance of persons to 3. Levying &c. of when taken before justices, &c. 7 Geo. 4, c. 64. to be estreated without judge's prosecute or give evidence, or to answer for a common assault, or in the other cases hereinafter specified, has been found in many instances productive of hardship to persons who have entered into the same;" enacts, "that in every case where any person bound by recognizance for his or her appearance, or for whose appearance any other person shall be so bound to prosecute or give evidence in any case of felony or misdemeanour, or to answer for any common assault, or to articles of the peace, or to abide an order in bastardy, shall therein make default, the officer of the court order. by whom the estreats are made out shall and is hereby required to prepare a list in writing, specifying the name of every person so making Lists to be made, default, and the nature of the offence in respect of which every such person, or his or her surety, was so bound, together with the residence, trade, profession, or calling, of every such person and surety, and shall in such list distinguish the principals from the sureties, and shall state the cause, if known, why each such person has not appeared, and whether by reason of the non-appearance of such person the ends of justice have been defeated or delayed; and every such officer shall and is and delivered to hereby required, before any such recognizance shall be estreated, to lay such list, if at a court of oyer and terminer or gaol delivery in any county besides Middlesex and London, or at a court of great sessions, or at one of the superior courts of the counties palatine, before one of the justices of those courts respectively; if at a court wherein a recorder or other corporate officer is the judge or one of the judges, before such recorder or other corporate officer; and if at a session of the peace, before the chairman or two other justices of the peace who shall have attended such court, who are respectively authorized and required to examine such list, and to make such order touching the estreating or putting in process of any such recognizance as shall appear to them respectively to be just; and it shall not be lawful for the officer of any court to estreat or put in process any such recognizance without the written order of the justice, recorder, corporate officer, chairman, or justices of the peace, before whom respectively such list shall have been laid.” courts. This enactment does not appear to make any alteration in the practice Application of of the sessions, as to moving to respite or discharge any recognizances this enactment. before they have become forfeited, as it only applies to cases of recognizances which have been forfeited; nor does it appear to affect the discretionary power given to the sessions to remit the forfeiture under the 3 Geo. IV. c. 46, s. 6; Car. Cr. L. 131. As to Fire. the offence of arson, see tit. “ Burning,” Vol. I. By 14 Geo. III. c. 78, s. 84 (a), reciting that "fires often happen by the negligence and carelessness of servants," it is enacted, "That if any menial or other servant or servants, through negligence or carelessness, shall fire or cause to be fired any dwelling-house or outhouse or houses, or other buildings, whether within the limits aforesaid or elsewhere within the kingdom of Great Britain, such servant or servants being (a) This act is for the most part repealed, and other provisions enacted in its stead, by the recent act of 7 & 8 Vict. VOL. IIL c. 84. But the enactments in the text D4. Servants firing a 100%, &c. house to forfeit |