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Sect. 10. “If any high constable shall refuse or neglect to exhibit or Liability of. ive such notice as is required in any of the cases aforesaid, it shall be p

Penalty on high awful for the party damnified to sue him for the amount of the damage constable for

neglect, ustained, such amount to be recovered by an action on the case, ogether with full costs of suit."

Sect. 11. “Every action or summary claim to recover compensation Proceeding in case or the damage caused to any church or chapel by any of the offences in of damage to a

church or chapel, his act mentioned, shall be brought in the name of the rector, vicar, or urate of such church or chapel; or in case there be no rector, vicar, or urate, then in the names of the church or chapelwardens, if there be iny such, and if not, in the name or names of any one or more of the persons in whom the property of such chapel may be vested; and the Imount recovered in any such case shall be applied in the rebuilding or repairing such church or chapel; and where any of the offences in this In case of damage let mentioned shall be committed on any property belonging to a body

romerty belonging to a body to property be

longing to a cor. orporate, such body may recover compensation against the hundred or poration, ther like district, in the same manner, and subject to the same condiions, as any person damnified is by this act enabled to do: Provided lways, that the several conditions which are hereinbefore required to le performed by or on behalf of any person damnified, may, in the ase of a body corporate, be performed by any officer of such body on behalf thereof."

Sect. 12. “And whereas the offences for which compensation is granted Where the damage by virtue of this act may be committed in counties of cities and towns, is committed in

any county of a or in such liberties, franchises, cities, towns, and places, as either do not city, &c., or in any ontribute at all to the payment of any county rate, or contribute liberty, &c:: which hereto, but not as being part of any hundred or other like district; and hundred, or does is expedient to provide for all such cases;" it is therefore enacted, not contribute to

not contribute to That where any of the offences in this act mentioned shall be com- county, liberty, itted in a county of a city or town, or in any such liberty, franchise, &c.: shall

Uke the hundred, ity, town, or place, the inhabitants thereof shall be liable to yield comensation in the same manner, and under the same conditions and estrictions in all respects, as the inhabitants of the hundred; and every bing in this act in anywise relating to a hundred, or to the inhabitants hereof, shall equally apply to every county of a city or town, and to Fery such liberty, franchise, city, town, and place, and to the inhabitnts thereof; and where the justices of the peace of the county, riding, r division are excluded from holding jurisdiction in any such liberty, anchise, city, town or place, in every such case all the powers, authoties, and duties by this act given to or imposed on such justices, shall e exercised and performed by the justices of the peace of the liberty, anchise, city, town, or place in which the offence shall be committed; ad where the offence shall be committed in a county of a city or town, I the like powers, authorities, and duties shall be exercised and perrmed by the justices of the peace of such county of a city or town; id in every action to be brought, or summary claim to be preferred ader this act against the inhabitants of a county of a city or town, or

any such liberty, franchise, city, town, or place, the process for ap. arance in the action, and the notice required in the case of the claim, all be served upon some one peace officer of such county, liberty, anchise, city, town, or place; and all matters which by this act the gh constable of a hundred is authorized or required to do in either of Ich cases, shall be done by the peace officer so served, who shall have he same powers, rights, and remedies as such high constable has by irtue of this act, and shall be subject to the same liabilities; and shall, otwithstanding the expiration of his office, continue to act for all the urposes of this act until the termination of all proceedings in and conquent upon such action or claim; but if he shall die before such termination, his successor shall act in his stead.” See Birley v. Salford, Inhabitants of ), ante, 845. , Sect. 13. “And for securing the due execution of writs in the Cinque Provision for exeTom. III.

II

cuting writs in

Liability of. Ports, and in places where writs are directed to other officers than the

- sheriff, and in liberties where the sheriff is not warranted in executing certain places.

writs," it is enacted, “That all other such officers to whom any writo execution under this act shall be directed, by whatsoever name they shal be known, shall have the same power of granting a warrant for payment of the sum by such writ directed to be levied as is hereby given to the sheriff in case of a writ of execution directed to him; and that every sheriff and other such officer as aforesaid shall have authority to gras his warrant under this act, notwithstanding the offence shall have been committed in, or the treasurer or other person to whom such warrant shall be directed shall reside or be in, any liberty where the sherifa

officer is not warranted in executing writs." Mode of reim

Sect. 14. “And as to the mode of payment and reimbursement unde bursement in liber. ties, cities, and

this act in such liberties, franchises, cities, towns, and places as contritowns, not within bute to the payment of the county rate, but not as being part of any ku any hundred, but

dred," be it enacted, “That the warrant of the sheriff or other officer apo contributing to the county rate, any writ of execution against the inhabitants of any such liberty, firs

chise, city, town, or place, and every order of justices for payment to the party damnified therein, or to the peace officer or inhabitants thereof, by virtue of this act, shall be directed to the treasurer of the county, riding or division in which such liberty, franchise, city, town, or place shall situate, who is hereby required to pay the same; and the justices of the peace of such county, riding, or division, at their next general or quarter sessions of the peace, or any adjournment thereof, shall direct such som or sums of money as shall have been so paid or ordered to be paid by the treasurer, to be raised on such liberty, franchise, city, town, or over and above the general rate to be paid by the same in common the rest of the county, riding, or division, under the acts relatorio county rates; and such sum or sums shall be raised in the manne

rected by those acts, and shall be forthwith paid over to the treasse Mode of reim

Sect. 15. “And as to the mode of payment and reimbursement man bursement in this act in counties of cities and towns, and in such liberties, francesa counties of cities and in liberties, cities, towns, and places as do not contribute to the payment of the cities, and towns, neral county rate ; be it enacted, “That all sums of money payable not contributing to any county rate. by virtue of any warrant of the sheriff or other officer, or of any are

or orders arising out of any action or summary claim against the info
ants of any county of a city or town, or of any such liberty, ranch
city, town, or place, shall be paid out of the rate (if any) in the Dar
of a county rate, or out of any fund applicable to similar purposes,
there is such a rate or fund therein, by the treasurer or other oficer
ing the collection or disbursement of such rate or fund; and where to
is no such rate or fund in such county, liberty, franchise, city, town,
place, the same shall be paid out of the rate or fund for the relief a
poor of the particular parish, township, district, or precinct that
where the offence was committed, by the overseers or other officers as
ing the collection or disbursement of such last-mentioned rate or fund
and in every such case the warrant and orders shall be directed and
livered to such treasurer, overseers, or other officers respectively,
stead of the treasurer of the county, riding, or division, as the case
require.”

Sect. 16. The act is not to extend to Scotland or Ireland. 2 & 3 Will. 4, c.72. The 2 & 3 Will. IV. c. 72, intituled " An Act to extend the prors Not to extend to Scotland or Ire of an act of the seventh and eighth years of the reign of his late Majesty An land,

George the Fourth, relative to remedies against the hundred," [1st Augur

1832), reciting that it is expedient to extend the provisions of the aboy Provisions of 7 &

7& act of Geo. IV., enacts, “ That if any threshing machine, whether fixe 8 Geo. 4, c. 31, es tended to thresh- or moveable, or any part thereof, shall be feloniously cut, broken, a ing machines.

maged, or destroyed by any persons riotously and tumultuously assen bled together, then and in every such case the inhabitants of the bul dred, wapentake, ward, or other district in the nature of a hundrell,

2 & 3 Will, 4. c.

jy whatever name it shall be denominated, in which any such offence Liability of. hall be committed, shall be liable to yield full compensation to the person or persons damnified by the offence, not only for the damage so lone to any such machines as aforesaid, but also for any damage which nay at the same time be done by any such offenders to any erection or xture whatever in or about or belonging to any such machines.”

Sect. 2. “ The several clauses, remedies, and provisions contained in he said recited act shall extend and be construed to extend to such mahines as are hereinbefore mentioned, as fully and effectually, to all inents and purposes, as if the same machines had been mentioned and particularized in the said recited act.”

Sect. 3. The act is not to extend to Scotland or Ireland,

Forms. To the high constable [or, " to one of the high constables "] of, &c. [or, " to (1). Notice to high - a peace officer of &c."]

constable of hun

dred or other like I hereby give you notice, That I intend to claim compensation from the inhabitants district, or to the f[here specify the hundred or other like district, or county of a city, &c., or li. peace officer of a Derty, franchise, &c., as the case may be), on account of the damage which I have county of a city or ustained by means of [here state the offence, the time and place where it was liberty, franchise, committed, and the nature and amount of the damage); and I hereby require you, city, town, or vilkin seven days after your receipt of this notice to exhibit the same to some two P

place(a).
ustices of the peace of the county, ["riding," or, division"] of — , residing in,
racting for the said hundred, &c., Çor if in a liberty, franchise, &c., where the jus-
ces of the county, riding, or division, have no jurisdiction; then say, " to some two
estices of the peace of," naming the liberty, franchise, &c.], [or if in a county of a
ty, &c., then say, " to some two justices of the peace of,naming the county of the
ty, &c.], in order that they may appoint a time and place for holding a special petty
ission, to hear and determine my claim for compensation by virlue of an act passed

the seventh and eighth years of the reign of King George the Fourth, intituled An
ct for consolidating and amending the laws in England relative to remedies
gainst the hundred; and you are required to give me notice of the day, hour, and
face appointed for holding such petty session, within three days after the justices
ball have appointed the same. Given under my hand, this day of , in the
of our Lord.
(Signed)

4. B.

I hereby give notice, That I shall apply for compensation to the justices of the peace (2). Notice to be a special petty sessions to be holden at , on the day of next, at the placed on the

church or chapel ur of in the forenoon, on account of the damage which I have sustained by door, or other fans of (here state the offence, the time and place where it was committed, and conspicuous part e nature and amount of the damage, in the same manner as in the preceding of the parish,

township, or mm). Given under my hand, this day of , in the year of our Lord place (a). (Signed)

4. B.

sunting. See Game,Vol. III.

Jusband and wife, when Evidence for or against each other, see "Evidence," Vol. II. p. 425; when Husband liable for Offences of Wife, see Wife," Vol. VI. As to the Offence of Bigamy, see " Polygamy,Pol. .

(a) This form is given by the 7 & 8 Geo. IV. c. 31.

Identity.

As to proof of identity, see title “ Evidence," Vol. II. p. 412.

Where a person convicted of, or outlawed for, a criminal offence, being asked what he has to allege why execution should not be awarded against him, pleads diversity of person; a jury shall be impanneled to try this collateral issue, viz. the identity of his person. (4 Com. See further as to this, 1 Chit. C. L. 423, 777).

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Illness, of Jurors, see post, Jurors ;" of Witnesses, see “Tris.

post, Vol. VI.; of Prisoners, see Gaols,Vol. III.

Emparlance.

Meaning of.

THE term imparlance, or licentia loquendi, in its most general signit-
cation, means time given by the Court to either party to answer the
pleadings of his opponent, and is no more in fact than a mere cintura
ance of the cause or prosecution till a further day. (See further, türk
Traverse," Vol. VI.)

Empeachment.

Meaning of.

AN impeachment may be defined to be an accusation or presentment the House of Commons before the Lords in parliament assembled, any peer, minister, or other great officer of state, for treason or other aggravated crime or misdemeanour. It is a prosecution of known 858 established law, being a presentment to the most high and supreme Court of Criminal Jurisdiction by the most solemn grand inquest of the whole kingdom. (See further, 4 Bl. Com. 259, &c.; Deacon's Diges, tit.Impeachment).

Impostors.

See False Pretences," Vol. III.; Religion," Fold

V.; Vagrants," Vol. VI.

853

Impressment.

THE right to impress a mariner for the royal navy, and the exemp- Right to.
tion from impressment, is founded on immemorial usage, and, therefore,
exists at common law. (R. v. Tubbs, Cowop. 512; 4 BI. Com. 419; and
is recognised in the statutes 2 Ric. II. c. 4; 2 P. & M. c. 16, s. 8; 5
Eliz. c. 5; 19 Geo. III. c.75, &c.) See the following cases and decisions
collected in Petersdorff's Abridgment, tit. “ Impressment."

A freeholder, as such, (R. v. Douglas, 5 East, 477; 2 Smith, 47, S.C.), Who exempt or or headborough, Ex parte Fox, 5 T. R. 276), or a freeman and livery- not. man of London, are not exempt. (R. v. Young, 9 East, 466). So, seamen employed in the coal trade are not privileged. Ex parte Drydam, 5 T. R. 417). But they were so if nominated as directed by the 6 & 7 Will. III. c. 18, s. 19, while that act was in force. (Ex parte Gallile, 7 T. R. 673). Nor is an apprentice in the Greenland fishery exempt, after he has served three years. (Ex parte Monk, 6 East, 238). So, a carpenter in a coal and coasting trader is not exempt. (Ex parte Boggin, 13 East, 549). And the exemption in the 13 Geo. III. c. 17, while that act was in force, did not apply to a keelman navigating down the Tyne to Shields. (Ex parte Softly, i East, 466; Ex parte Caruthers, 9 East, 44).

But a bargeman employed by the navy board is privileged. (Goldwain's case, 2 Bl. 1207). So are watermen retained by fire insurance offices. (14 Geo. III. c. 78).

A protection from impressment may be granted by the Admiralty; Thich, however, does not seem to amount to an exoneration. (Herert's case, 16 East, 165).

A privileged person impressed must apply for a habeas corpus for his lischarge (Ex parte Harrison, 2 Smith, 408) within the time menloned in the 13 Geo. II. c. 17. (Ex parte Bruce, 8 East, 27).

A person who causes another to be impressed, when privileged, is able to an action. (Fleuster y. Royle, 1 Camp. 187). So, if he exceed be authority in the impress warrant.

In construing the 19 Geo. II. c. 30, the Court held, that the words
or any other person whatsoever,” mean not the party by whom, but the
arty to whom the power of impressing is given. (Spierrs v. Parker, 1
"Ř. 141).
Care must be taken to execute the warrant of impress according to
3 strict letter, otherwise the officer or party acting under it will not be
otected thereby. (See post, title “ Homicide," Vol. III.)

nprisonment. See Arrest,Assault,Bail,Commitment,Vol. I.; Habeas Corpus," Vol. III.

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Idecency. See post, Lewdness.As to Indecent Assaults, see " Assault," Vol. I.; as to Indecent Libels, see post, Libel.

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